Memorial Deed 1884_49_183
A memorial of an indenture of conveyance bearing date the twenty second day of September
in the year of our Lord one thousand eight hundred and eighty four and made between Charles
Gilburne of Ballylusk in the Queens County farmer of the one part and Charles George
Gilburne of Ballylusk aforesaid farmer son of the said Charles Gilburne of the other part
after reciting that by indenture of lease bearing date the twenty third day of August one thousand
eight hundred and thirteen and expressed to be made between the Right Honourable William
Wellesley Pole (therein described) of the one part and James Gilburne (therein also described) of the
other part all that and those part and parcel of the lands of Ballylusk formerly in the
occupation of William Gilburne containing by a survey made thereof forty acres Irish plantation measure or
thereabouts be the same more or less situate in the Parish of Clonenagh Barony of Maryborough West and
Queens County (excepting as therein excepted) with the appurts were demised unto the said James Gilburne
his heirs executors administrators and assigns for the natural life of the said James Gilburne the lessee and of Henry
Gilburne and Charles Gilburne (party thereto) the first and second sons on the said James Gilburne at the yearly
rent of fifteen pounds nineteen shillings and six pence late currency equivalent to fourteen pounds fourteen and
eleven pence present currency and subject to the performance on the lessees part of the several covenants and conditions
in said lease contained and reciting that the said Charles Gilburne was served and possessed of an estate in fee
simple of a certain other portion of said lands of Ballylusk (known as the Improved Bottoms) containing thirty
acres Irish plantation measure be the same more or less and reciting that by an indenture of lease bearing date in the
month of December [one thousand] eight hundred and thirty eight and expressed to be made between the Right Honourable
Sir Henry Parnell (therein described) of the one part and the said Charles Gilburne (party thereto) of the other
part all that and those that part of the lands of Boughloone or by what other name or names description or
descriptions the same might then be called or known or distinguished containing by estimation thirty six acres Irish
plantation measure be the same more or less bounded on the North by the high road leading from Maryborough
to Ballyfin on the East by land then in the possession of Colclough Grivan on the South by Boghloone Bog
and on the West by the Mitchells Land situate in the parish of Clonenagh Barony of Maryborough West
and Queens County with the appurtenances were demised unto the said Charles Gilburne his heirs and assigns from
the twenty ninth day of September then last past for the natural life of the said Charles Gilburne the lessee or
for the term of thirty one years whichever should longest last (excepting as therein excepted) at the yearly rent
of forty two pounds fifteen shillings and two pence and subject to the observance and performance of the ?covenant?
and conditions on the lessees part therein contained and reciting that the rent ?reserved? under said last ?mentioned?
indenture of lease had been reduced to the annual sum of thirty six pounds fifteen shillings and two pence
which was the rent then payable in respect of said premises and reciting that the said Charles Gilburne
held as a tenant from year to year from Lord Congleton at the yearly rent of sixty three pounds all that
part of the lands of Coolmoney containing fifty acres plantation measure by the same more or less
situate in the parish of Clonenagh Barony of Maryborough East and Queens County and
reciting that the said Charles Gilburne was also possessed of or entitled to an annual profit rent of twelve
pounds payable out of a house and premises in the corner of Pound Street in the town of Mountmellick
then in the occupation of one William Troy and reciting that the said Charles Gilburne derived an annual
and ??? rent of one pound five shillings and four pence out of a house and premises situate in Factory Lane
in the town of Maryborough then in the occupation of Mr. John O'Connell as executor of the late Anne
Brennan held under lease bearing date in the year eighteen hundred from Henry Plunkett to Jane Booth for
the term of three hundred and ninety years from the year eighteen hundred and that the said Charles
Gilburne was also entitled to and derived an annual profit rent of one pound five shillings sterling out
out of a house garden and premises situate in Say? Lane in the town of Maryborough payable to? ?? Mr George Joseph
out of premises in said Lane and reciting that the said Charles Gilburne was also possessed of and entitled to
horses cattle farming stock implements of husbandry in and upon said several above mentioned farms of land and
the various articles of household furniture in and upon his residence at Ballylusk aforesaid and reciting? all the
estate and interest of the said James Gilburne of and in the above recited indenture of lease of the twenty third day of
August eighteen hundred and thirteen and the premises therein comprised was then vested in the said Charles Gilburne
party hereto and further reciting as therein said deed of which this is a memorial witnesseth that in
pursuance of a certain agreement therein mentioned and for the consideration therein mentioned he the said
Charles Gilburne ?as settler? did thereby convey unto the said Charles George Gilburne all that and those the
the several messuages lands tenements hereditaments profits rents and premises above mentioned and set forth to hold
the same with all and singular the rights members casements and appurtenances thereunto belonging or usually held
or enjoyed therewith or reputed as part or parcel thereof or appurtenant thereto unto the said Charles George
Gilburne his heirs executors administrators and assigns according to the nature and tenure thereof to the use of and
upon trust for the said Charles Gilburne for and during the term of his natural life and from and after his
decease to the use of him the said Charles George Gilburne his heirs executors administrators and assigns for all the
estate and interest of him the said Charles Gilburne of in and to said several farms of land messuages lands
tenements hereditaments profit rents and premises and each and every of them respectively and said indenture further
witnessed that for the considerations aforesaid he the said Charles Gilburne did from and after his decease grant
assign and absolutely make over unto the said Charles George Gilburne all such horses cattle farming stock and
implements of husbandry as should or might be on said several farms of land and premises or any of the same
respectively at the time of the death of him the said Charles Gilburne and such household furniture and effects
as should or might be in the residence of him the said Charles Gilburne situate at Ballylusk aforesaid ?or elsewhere?
and also all such money as might be due and owing to him the said Charles Gilburne from any person or persons
at the time of his death on any account whatsoever and all such other goods and chattels rights and credits as
he the said Charled Gilburne should die possessed of or entitled to at law or in equity which had ?need? as to the
execution thereof by the said Charles Gilburne and Charles George Gilburne who sign respectively Charles
Gilborn [sic]and Charles George Gilborne [sic] is witnessed by Horace Turpin solicitor of Maryborough and James Baker
law clerk of Maryborough and which memorial as to the execution thereof by Charles Gilburne who signs
Charles Gilborne is witnessed by Horace Turpin solicitor of Maryborough and James Baker law clerk Maryborough
Charles Gilborne (seal) signed and sealed by the said Charles Gilburne in presence of Horace Turpin solicitor
Maryborough James Baker Law clerk Maryborough I The above named Horace Turpin maketh oath ...