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Section 17
Ireland

Appendix to section 17.A
The 1740 Deed of Partition

Transcript by D W Brush.  The text is a continuous string but I have divided it here into paragraphs and emboldend text simply for readability.  My notes are in italics

A Memorial
of articles of agreement made concluded & agreed upon by and between

John Brush of Killrush and County of Meath Gent

James Brush of Dromore and County of Downe Clke {signifying clergyman]

and Crean Brush of Omagh and County of Tyrone Gent

this seventeenth day of June one thousand seven hundred and forty

and which said articles are in the words following that is to say

Whereas Mr Crean Brush of Dromore aforesaid Gent father to the aforesaid John James and Crean Brush was seized and [possessed?] of the Town and Lands of Darkmoney near Omagh subject to a Chiefry [presumably a Chief Rent] of twelve pounds per annum and a large Tenem^t near the Court House of Omagh aforesaid subject to a Chiefry of one pound six shillings and eight pence per annum in Fee Simple or some other tenure for ever

and Whereas [?sd ?] [said}Lands and Tenements stand mortgaged to said John Brush for the sum of Two hundred and Twenty Six Pounds [?six?]shillings [???]and interest and arrears of interest

and Whereas said Crean Brush Senr of Dromore is indebted to the heirs of James Anderson of Derry in the [??] sum of Thirteen pounds or thereabouts with interest

and Whereas the said John Brush James Brush and Crean Brush of Omagh parties to these presents have had severall Claims Titles Deeds and properties in and to the said Town Land of Darkmoney and Tenement in Omagh as Joynt and Legal proprietors of the Reversion thereof subject to a maintenance for their Father [?sd?] Crean Brush of Dromore and fortune {fortune - a synonym for marriage portion/dowry} or marriage portion for their sister Catherine Brush over and above the aforesd incumbrances

Now this present instrument witnesseth that by and with the consent of said Crean Brush of Dromore and Catherine his daughter now had

the aforesaid Tenement in Omagh shall be imediately repaired at ye common expence of said John Brush James Brush and Crean Brush of Omagh and after repairing sold to the fairest bidder and the money arising by such sale to be paid to John Brush in part of the aforesaid mortgage money

and that the parcell of land Land {sic - duplication at page break} in Darkmoney now in the immediate occupation of Crean Brush of Omagh also that [???] parcell of land called the Dam Hills possessed by Thomas Mitchell and his undertenants as Lett {or 'Sett'}apart to go with the other and the Park possessed by Robt Long estimated in the whole forty four acres one Rood and seventeen perches more or less computed to be one third part of the aforesaid whole Town Land of Darkmoney shall be and is hereby deemed made and confirmed the sole property of said John Brush his heirs and assigns for ever clear of any Demand or Claim whatsoever by sd James Brush and said Crean Brush of Omagh their heirs or assigns or any persons pretending to Derive under them

provided always that said John Brush shall pay one third part of the aforesaid Debt of Thirteen pounds and Interest to Andersons heirs and shall pay to said Crean Brush of Dromore {i.e Crane senior, father of the three brothers} by two equall payments in every year the sum of Six pounds thirteen shillings and four pence [?Ster?] yearly during said Creans natural life the lands subject to Distress for the same { I think this should be read as if the words "the lands subject to Distress for the same" were in brackets or with "to be" inserted after "the lands"} to commence from the Twenty ninth day of September next and shall pay to said Catherine his sister the sum of fifty pounds [ster?]{sterling?}at the said Twenty ninth day of September next or Legal Interest from that Date to the day of Payment and also the said third part is subject and Lyable to the one third part of the Chief rent which is four pounds per annum and said John to pay one third of the expence of makeing out proper Titles in the law

and that the parcell of Land in Darkmony now in the possession of Thomas Mitchll and his undertenants forty six acres one Rood and seventeen perches more or less that is to say Twenty six acres Lett to Josias Wattson Twelve acres to Rich^dBrann and Archibald Carr and Eight acres one Rood and Thirty two perches of Wast park computed to be one third part of the aforesaid whole Town Land of Darkmoney shall be and is hereby Deemed made and Confirmed the Sole property of the said Ja^s Brush his heirs and assigns for ever clear of any Demand or Claim whatsoever by sd Jn^o Brush and said Crean Brush of Omagh their heirs or assigns or any persons pretending to Derive under them

provided always that said James Brush shall pay one third of the aforesaid Mortgage Money remaining after the aforesaid Sale of the Tenement in Omagh to said John Brush his heirs or assigns in Eighteen M^os after sid Twenty Ninth day of September next otherwise his third Shall Immediately sold for the same

and the S^d James Brush shall pay one third part of the aforesaid Debt of Thirteen pounds and Interest to Andersons heirs and shall pay to said Crean Brush of Dromore by two equall payments in every year the sum of Six pounds thirteen shillings and four pence [?Ster?] yearly during said Creans natural Life the Lands subject to Distress for the same to commence from the Twenty ninth day of September next and shall pay to said Catherine his sister the sum of fifty pounds Ster at the said Twenty ninth day of September next or Legal Interest from that Date to the day of Payment and also the said third part is subject and Lyable to the one third part of the Chief rent which is four pounds per ann and said James to pay one third of the expence of makeing out proper Titles in the law

and that the parcell of land in Darkmoney now in the possesion of Thomas Mitchll and his undertenants and Lett to James Smock Estimated thirty acres more or less and the three parks possed by David Andrew Robert Hamilton and Patrick Monaghan estimated fourteen acres and five perches more or less computed to be one third part of the aforesaid whole Town Land of Darkmoney shall be and is hereby Deemed made and Confirmed the Sole property of the said Crean Brush of Omagh his heirs and assigns for ever clear of any Demand or Claim whatsoever by sd John Brush and said Jsmes Brush or their heirs or assigns or any persons pretending to Derive under them

Provided always that said Crean Brush shall pay one third of the aforesaid Mortgage Money remaining after the aforesaid Sale of the Tenement in Omagh to said John Brush his heirs or assigns in Eighteen M^os after sid Twenty Ninth day of September next Otherwise his third Third {sic - repeated at newpage} Shall Immediately sold for the same

and the S^d James Brush shall pay one third part of the aforesaid Debt of Thirteen pounds and Interest to Andersons heirs and shall pay to said Crean Brush of Dromore by two equall payments in every year the sum of Six pounds thirteen shillings and four pence [?Ster?] yearly during said Creans natural Life the Lands subject to Distress for the same to commence from the Twenty ninth day of September next and shall pay to said Catherine his sister the sum of fifty pounds Ster at the said Twenty ninth day of September next or Legal Interest from that Date to the day of Payment and also the said third part is subject and Lyable to the one third part of the Chief rent which is four pounds per ann and said James to pay one third of the expence of makeing out proper Titles in the law

and that John Brush and James Brush shall faithfully discount before the Twenty Ninth Day of September next for what rents they received on account of said mortgage and their accounts shall be finally Determined by Refference

the said John Brush James Brush and Crean Brush of Omagh by these premisses bind themselves ther heirs and assigns each to the other in the Just Sum of five hundred pounds Ster for the performance of of the aforesaid Conditions Cov^ts and Agreements according to the true and honest Intent and Meaning of this present writing or instrument of agreement as by the said Deed Relation being thereunto had may appear

which said Deed or articles Witnessed by Robert [?Mc] Farland [?Peruke?] maker and Alex^r Kerr Tanner both of the Town of Omagh and County of Tyrone aforesaid and this mem^l is witnessed by said Rob^t McFarland and the said Alex^r Kerr - James Brush (Seal) Signed and Sealed in prescence of us - Rob^t M^cFarland = The above named Rob^t McFarland maketh oath that he is a subscribing Witness to the Deed or Article of whichthe above wrting is a mem^l and Sayth that he saw the same SignedSealed and Executed by John Brush James Brush and Crean Brush the parties therein Mentioned and also that he saw this Memorial Signed and Sealed by James Brush one of the parties inthe said articles Ment and that the name Rob^t McFarland Subscribed as witness to the said articles and to this Mem^l is this Depon^s handwriting - Rob^t M^cFarland -

Sworn before me at Omagh inthe County of Tyrone on my circuit this 24^th day of August 1741 Mich^[?] Ward

Return to Section 17.D