Memorial Deed 219318
To the Register appointed for registering deeds & so forth
A memorial of an indented Deed of Settlement bearing date the twenty
Fifth day of April one thousand seven hundred and seventy nine made between
Mary Horahan of Larch hill in the Queen's County spinster of the first part
Richard Gilborne and Potter Harmon Gilborne, son of said Richard Gilborne both of Peafield in the
Queen's County Gent of the second part and Vicars Fisher of Castle Groogan in the Queen's County
Gent and the Rev'd Francis Green Despard of Larchhill in said County Clerk of the third part reciting
That by indenture of lease bearing dates the thirtieth of October one thousand seven hundred and sixty
Four the Right Honble Charles Henry Earl of Montrath demised unto James Horahan father of said Mary
Horahan the farm and lands of Cappanaclare containing one hundred acres more or less situate in
The Barony of Maryborough in the Queen's county for thirty one years from first May then last at the
Yearly rent of thirty pounds Ster. with one shilling in the pound receivers fees and also reciting that said James
Horahan was dead and his interest in said lease and lands thereby demised was vested in said Mary
Horahan and also reciting that said Mary Horahan was entitled to the rents of the lands of Parkavilla in the
Queen's County demised to said James Horahan deceased for a term of years of which a few years were then
To come and unexpired and also reciting that by Indenture of lease bearing date eighth August one thous'd
Seven hundred and forty three the Right Honble Algernon Earl of Montrath demised to Edw'd Gilborne
Father of said Richard Gilborne party thereto the land of Butter Island in the Barony of Ossory and
Queen's County containing thirty four acres four roods and thirty perches more or less and of wood nine acres
One rood and twenty perches for the lives of Rich'd Gilborne party thereto Abraham Pim son of John Pim
Of Laka In the Queen's County demised to said James Horahan deceased and Edward Cribbs son
Of James Cribbs deceased at the yearly rent of eleven pounds eight shillings with twelve shillings yearly
Receivers fees and also reciting that by Indenture of Lease bearing date fifth December one thousand seven
Hundred and thirty seven the Right Honble Algernon Earl of Montrath demised to said Edw'd Gilborne father
Of said Rich'd party thereto the farm called Gortnepushe In the Queen's County for the lives of said Edw'd Gilborne
Richard Gilborne party thereto and Thomas Burton son of Thomas Burton of Montrath in the Queen's county
And the survivor of them at the yearly rent of thirty three pounds five shillings and ninepence with twelve
Pence in the pound receivers fees and also reciting that by one other Indenture of Lease bearing date seventeenth
November one thousand seven hundred and thirty seven Rich'd Despard of ?Cranna? William Carden of
Lismore and Walter Stephens of Borris in Ossory in the Queen's County Esq're demised to Edw'd Gilborne father
of said Richard Gilborne party thereto the lands of Coolnagour in the Queen's County for the lives of said Rich'd
Gilborne party thereto Joseph Hearviys son of Hearviess of Montrath and John Pim of Dublin son
In law to John Heandy and the survivor of them at the yearly rent of thirty five pounds three shillings
And sixpence with s covenant for perpetual renewal on payment of seventeen pounds Eleven shillings
And ninepence renewal fine on the fall of each life and reciting that the right title and interest of said
Edw'd Gilborne in and to said three several leases and lands of Butter Island Gortnepushe and Coolnagower
Was then vested in said Rich'd Gilborne who renewed the lease of Coolnagower by inserting the lives of
George Despard son to George Despard one of the Lessors in the place and stead of John Pim one of
The lives in said original lease of Coolnagower who died and also reciting that said Potter Harmon
Gilborne was a member of a Company instituted in the City of Dublin entitled to the Prudent
Annuity Company according to the charter whereof the widow child or children of any member
Of said Company or such or any of them as said member should he die or will ??????? proper to grant
Or devise same or to be entitled to receive a yearly sum of fifty pounds from said Company during
The life of the widow if such member is happening to die and also reciting a marriage intended to
Be had and solemnized between said Mary Horahan Gilborne her intended husband and also
In consideration of said intended marriage and the portion therein after to be made for her
In case she should survive said Potter Harmon Gilborne her intended husband and also in
Consideration of ten shillings to her paid by said Vicars Fisher and Francis Green Despard
Did grant bargain alien sell transfer? Assign and make over unto said Vicars Fisher and Francis
Greene Despard all that the thereinbefore recited lands of Cappanaclare and Parkavilla to
Hold with the appur'ces together with all deeds leases undertenants lease and writings relaiting
Thereto unto said Vicars Fisher and Francis Greene Despard and the survivor of them and
The execs and admon of each such survivor from them thenceforth for all the rest residue and ??? of
Said several terms of years of said lands to come and unexpired with all rents then due or
Thereafter to grow due ?thereout? subject to the rents payable thereout by said Mary Horahan
In trust to permit said Mary and her assigns to receive and take the rents and profits of said
Lands of Cappanaclare and Parkavilla until said marriage should take effect and be
Solemnized and after the solemnization to suffer said Potter Harmon Gilborne his heirs
Admons or assigns to take and receive the rents issues and profits of said lands to his and their
Own use during the respective terms of said prem'es with a proviso for said Potter Harmon
Gilborne his heirs admons or assigns anytime after the solemnization of said intended marriage
To lett sell alien or otherwise dispose of said interest in Cappanaclare and s'd Parkavilla
Or such such part or parcel thereof as he or they shou[l]d think proper and also witnessing that said Rich'd
Gilborne in consideration of said Potter Harman Gilborns undertaking to pay off all ?debtly?
And demands which at the perfection of said Deed of Settlem't shou[l]d in any sort affect said Rich'd
Save such ???? and ????? as shou[l]d at the perfection thereof be owing by said Rich'd and also
Of an annuity or rent charge of seventy ?pounds? to be paid to said Rich'd or his assigns during
His life and also in consideration of said intended marriage and other considerations in said
Deed mentioned did grant bargain alien sell demise release assign transfer ???????
Make over unto said Vicars Fisher and Francis Green Despard and their ????? all that
pThe thereinbefore recited farms and lands of Butter Island Gortnehishe and Coolnegowin [Coolnegower?]
And all the Right Title Interest use trust property claim challenge and demand of said
Rich'd in and to said lands and prem'es subject to several matters in said Deed of Settlem't
Mentioned in trust to permit said Rich'd his heirs or assigns to take the rents ot profits of
Said lands and prem'es until said marriage shou[l]d take effect and after the solemnization
Thereof to the use and ?behest? of said Potter Harmon Gilborne his heirs and assigns during
Said recited Leases or renewals or any renewals to be obtained of Coolnagower to receive the rents
And profits thereof subject to several matters in said Deed of Settlem't ????? and? also subject to
One annuity of seventy pounds to be paid to said Rich'd Gilborne or his assigns during the
Life of said Rich'd and in trust to permit and suffer said Rich'd Gilborne and Catherine
His wife or the survivor of them to hold and enjoy from the date thereof until the first day of
May which wou[l]d lie in the year one thousand seven hundred and seventy nine such
Appointments in Peafield house as they shou[l]d think convenient as also the use of such of
The out offices at Peafield that they thought meet in which said Deed in contained a
Proviso that if said Mary Horahan shou[l]d survive said Potter Harmon Gilborne that it
Might be lawfull for said Vicars Fisher and Francis Greene Despard or the survivors of
them or the heirs or assigns of such survivor by sale of said lands of Butter Island Gortnepishe
And Coolnegower or a competent part thereof or by such other means as they should think
Meet to raise two hundred pounds with interest from the decease of said Potter Harmon
Gilborne until they should receive said two hundred pounds and interest to be p'd
To said Mary Horahan or her assigns for her or their own use and said Potter Harman
Gilborne in consideration of said intended marriage of said Mary Horan
Conveying said lands of Cappanaclare and Parkavilla and other considerations therein
Mentioned granted all his right title use and demand to said sum of fifty pounds which by the
Charter of the Prudent Annuity Company said Potter Harman Gilborne ??and lies?? Entitled to
Grant to any of his children during the life of his widow unto said Vicars Fisher and Francis
Green Fisher [sic] in trust and for the use of said Potter Gilborne until said marriage shou[l]d take
Effect and after the solemnization thereof to suffer said Mary and her assigns in case she shou[l]d
Survive said ?Potter? To receive said sum of fifty pounds yearly to her own use agreeable to the Charter
Of said Company which with said two hundred pounds thereinbefore charged for said Mary shou[l]d
Be deemed in full ?leave@ of all thirds and dower and there is also a further proviso contained in
Said Deed that in case the fund of said prudent annuity company shou[l]d become sufficient or
That said Potter should neglect to perform the several requisitions required by the charter of said
Company so as said Mary or her assigns shou[l]d be prevented from receiving said annuity agreeable
To the charter of said company in that case it might be lawfull for said Vicars Fisher and Francis
Greene Despard by sale of said lands of Butter Island Gortnapishe and Coolnagower or a competent
Part thereof or such other means as they should think meet to raise a further sum of one hundred pounds
With interest from the decease of said Potter in case he should neglect to perform the requisitions of s'd
Company but in case of failure of said company then to bear interest from the time of such failure
Provided such failure did not happen in the lifetime of said Potter but in case said failure happened
In the lifetime of said Potter then said one hundred pounds to bear interest from the decease of said
Potter said sum of one hundred pounds and interest to be paid said Mary Horahan or her assigns
In lieu and stead of said annuity therein before settled on her by said Potter and in which said deed
Of Settlem't whereof this foregoing is a memorial are contained other Covenants and said deed was
Duly executed by said Mary Horahan Rich'd Gilborne Potter Harman Gilborne Vicars Fisher
And Francis Greene Despard and witnessed by Daniel Vicars and Rich'd Vicars both of Ballyedmond
in the Queen's County Gent and Rich'd Thompson of the City of Dublin Gent and this memorial
is also duly executed by the said Potter Harmon Gilborne and witnessed by the said Rich'd Thompson
and James Mullan Serv't to said Rich'd Thompson Potter Harman Gilborne [seal] signed and
sealed in presence......
22 April 1779