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CHAPTER FIVE

Statement of Title of William Johnston Esqre to the Lands of Carricknaveagh 

Situate in the County of Monaghan

    The original document consists of seven pages, each measuring 9½"wide by 15¼"long.  The handwriting is extremely legible, with the exception of the last page; the black ink is not perceptibly faded; the white paper is minimally discolored with the folded outer cover being somewhat soiled.

     Within the document are two separate specimens of handwriting.  On pages one through six, inclusive of front and back and numbered consecutively one through twelve, the handwriting is formal with elaborate flourishes.  On the face of the true seventh page, the handwriting is more difficult to read being bolder and less stylized. That page is signed “J F Fosberry,” the handwriting of the signature being consistent with the entire page.

     The name of John Francis Fosberry, Esqre appears twice on the front cover of the document, once in the same manner of handwriting as the first six pages of the original document, and next in the manner of the handwriting found on the true seventh page.  The initials of John Francis Fosberry, JFF, appear at various intervals within the document margins in the following manner:  “I have read it- JFF.” These notations are made in the manner of handwriting consistent with page seven. (These notations will be rendered in “red” type within the following typed document.)

       Found also on the front cover is the name  “J. Nunn.”[1]  This is written in the same elaborate, formal handwriting style as the first true six pages of the original document.

     It is my supposition that J. Nunn (possibly a clerk) penned the first six pages of the original document; John Francis Fosberry, Esqre. (possibly the lawyer) penned the marginal notations, page seven, and signed his name on the cover in the following manner:  “Pd. J F Fosberry.”

     There are no apparent watermarks on the pages with the exception of nine vertical lines spaced at one-inch intervals.

      An image copy of the  “face cover” of the original document may be found following the transcribed text.

       In conclusion, I wish to add that in certain areas of the original document where letters or words were in question or illegible, I have noted their omission with question marks.  Further, I have noted the original document pagination in brackets [ex. {2}] as it occurs throughout the document.

        *                     *                        *                        *                        *                        *

1757 Feby 3

     The RevHenry Leslie of Ballybay in the County of Monaghan  Clk being in  & prior to the year 1757 seized in fee of said  lands By Indenture of this date, made between the said Henry Leslie of one part and  The Revd    Robert Smith of Dillon in the Barony of Lekale and County of Down of the other part It is witnefsed that the said Henry Leslie for  and in conson  ( I have read it - JFF) of the rents reservations and covenants thereinafter mentioned did demise grant set and to farm let unto the said Robert Smith  the Tate or   Townland of Carricknaveagh  contg  272a  Irish plantation measure be the same more  or lefs with the appurtce  situate lying and being  in the Estate of Ballybay in the County of Monaghan excepting all woods & underwoods Timber and other trees and all quarries  ? mines minerals &  Royalties.

                                                              To Hold unto the said Robert Smith his heirs Exors and admin from the 1st day of November ? last past for and during the {1} the natural life or lives of the said Robert smith Alexander Smith and John  Smith brothers to the said Robert Smith and the life of the longest liver of them  Subject to the yearly rent of £ 30 together with 6d in the £ Receivers fees  payable half yearly as therein mentioned—and said lease containing a  covenant on the part of the said Henry Leslie his heirs & afsigns that he & they  should and would within the space of 6 calender [sic] months next after the decease of such after afo three lives as should just happen to die  ?   the said  life and make and perfect unto the said Robert Smith his heirs and afsigns by  any writing under his and their hands and seals attested by 2 or more credible  witnefses and to be delivered within the time afo unto the said Henry Leslie his   heirs or afsigns if he or they then are in the Kingdom of Ireland if not to be delivered unto his or their stewart (sic) or agent for the time being should nominate  appoint and desire And that the said Henry Leslie his  Heirs or afsigns should {2} and would from time to time and at all times for ever thereafter upon such  notice as afo of the death of any life that should be inserted in any lease made or to be made to the said Robert Smith his heirs or afsigns renew the said life and make and perfect unto the said Robert Smith his heirs and afsigns a new  lease of said premises with such other life as the said Robert Smith his heirs  and assigns should nominate apparent and desire to the extent that the said  Robert Smith his heirs and afsigns if it be not his & their own fault and neglect by not naming lives in due time in the stead and place of those that should  happen to die and paying the several fines for the same within the respective  times agreed upon by said presents might at all times forever thereafter have a  term of 3 lives in being in the said {3} said demised premises at & under the same yearly rent and receivers fees covenants conditions promises and  agreements to therein contained—Provided the the [sic] said Robert Smith his  heirs and afsigns should pay off and discharge all arrears of rent and also pay  unto the said Henry Leslie his heirs & afsigns the sum of £ 15 over and above  the said reserved yearly rent as a fine upon every such rent for adding &  inserting a new life in the place  & stead of every such life that sho  happen to die from time to time.

                                                                                          See copy thereof

                                                                                        The said Robert Smith entered into pofsefsion of said lands under said lease and

1780 3rd July 

                                             By Deed Poll of this date the said   Henry Leslie in Conson of the sum of £ 15 being the renewal fine then due did  appoint nominate & insert the life of George Thompson therein named in the  place and stead of the said Albert Smith decd   (I have read it - JFF)                                 

                                                       The said Revd Robert Smith afterwards became insolvent and obtained  the {4} the benefit of the acts then in force for relief  of Insolvent debtors and Thomas Nevin was appointed his afsignee

1785     18th Oct

    By Indenture of this date made between the said Thomas Nevin afsignee of the said Revd Robert Smith an Insolvent of  the 1st part the said Robert Smith and Robert Hamilton Smyth Mary Armstrong The Revd James Dixon and the said Thomas Nevin also as admin of the Revd   William Nevin decd and James Greer the creditors of the said Robert Smith of  the 2nd part and James Johnston of the 3rd part, Reciting the said lease and that  the said Robert Smith became indebted to several persons & was arrested and committed to jaol in or about the 19th day of September 1777 where he  remained until he obtained the benefit of the insolvent act & that by Deed of  afsignment bearing date the 14th day of September 1782  He {5} He the said  Robert Smith afsigned and made over all his Estate right title and interest of and  in the said lands of Carricknaveagh/with other lands/ to the said Thomas Nevin  party thereto for the use and benefit of his said creditors and,

                                                                                    Reciting that said lands of Carricknaveagh were in pursuance to due notice for that purpose given exposed  to sale by public cant & that the said James Johnston became & was the highest  bidder.

                                                                        It was witnefsed that the said Thomas Nevin in pursuance of the article of agreement therein recited & in conson of the sum of £ 622„5„6 stl being the purchase money of the said lands by & with consent  of the said Robert Smith & his creditors testified by their being parties thereto granted bargained sold afsignee released {6} released transferred and confirmed  unto the said James Johnston his heirs exors admins and afsigns (in his actual  pofsefsion then being as therein recited and to his heirs and afsigns.

                                                                     All that & those the Tate or Townland of  Carricknaveagh afd containing 272 acres plantation measure be the same more or  lefs in the right members and appurtenances thereinto belonging situate lying  and  being in the Estate of Ballybay and County of Monaghan aforesaid

                                                                       To Hold to the said James Johnston his  Excors admins and afsigns for the lives in the grand lease of the said lands of  Carricknaveagh or such of them as were then in being and the survivors & survivor of them & the right and benefit of Renewal to be had or obtained of  the said premises from the first day of May then last past to him the sd James Johnston his heirs Exors admins & afsigns for {7}  for ever Subject  neverthelefs to the payment of the rent fines and covenants in said Indenture  of Lease contained.

                                                                             See copy thereof

                                                                          Regist 13th November 1786

 

                                                                   The said James Johnston thereupon entd into 

                    pofsefsion of said Lands and 

1788    5 Jany                 By deed Poll of this date the said Henry Leslie in consideration of £ 15 –the fines then due did add & insert the life of Hugh Jackson in the  place & stead of the said Robert Smith decd (I have read it - JFF).

                                        The said James Johnston duly made and published his  last will and testament in writing of this date & thereby gave & bequeathed to Mathew Anketell  1795 3rd October) Charles Leslie & George Johnston therein named & the survivor of them his heirs all such real fee farm freehold and lease hold {8}(I have read it - JFF) Hold Estate & interest as he should be seized of at the time of his death with all his personal Estate upon Trust for the uses thereinafter mentioned.  And  after leaving certain lands therein mentioned to his eldest son William  Johnston.  He left and bequeathed to his second son James Johnston & to the  heirs of his body lawfully begotten all his Estate right title and interest in the land of Carricknaveagh with several other lands therein named  And he  willed that his said sons when they should resply attain the age of 21 years should have power to dispose of said Estate & fortune thereby given and  devised to them resply in such manner as he or they should think fit or  proper with benefit of survivorship in case either of said sons should happen to die under the age of 21 year or day of marriage or without leaving ifsue lawfully begotten.   Said testater (sic) died in or about the year 1796 without   altering or revoking said will   (see copy thereof)  {9}

                                                       The said James Johnston died in or about this  year ( a minor) unmarried and without ifsue Whereupon the said William  Johnston his elder brother became Entitled to said lands and entered into  pofsefsion thereof

1805                                               The Estate and interest of the said Henry Leslie in & to the fee and inheritance of said lands subject to said demise became & was  legally vested in Charles Albert Leslie Esqr.

1833   19th Jany                                 By Indenture of Renewal of this date made Between the said Charles Albert Leslie of the one part and said William Johnston of the other  part the said Charles Albert Leslie in conson of the sum of  £ 41-16-7½  being the amt of the renewal fines then due did add insert nominate and (I have read it - JFF appoint the life of William Breakey son of James Breakey of Cormeen in  the County of Monaghan afo  then aged about 21 years in the place & stead of  John Smith decd. {10} 

1835     7th April                                      By a further Indenture of Renewal of this date  made between the said Charles Albert Leslie of the one part and the said William Johnston  of the other part the said Charles Albert Leslie for and in consideration of  the payment of all rent & arrears of rent due for or in respect of the said  premises up to and for the 1st day of November then last and for the sum of £15-2-1 stp being the amount of the said renewal fine and interest thereon did  thereby add and insert to the time of the said Original Indenture of Lease the  life  of  Charles Powel Leslie in the place and stead of Hugh Jackson decd  &  did demise grant set release and confirm unto the said William Johnston & to his heirs & afsigns  

                                                             All that and those the said Tate or Townland of     Carricknaveagh containing 272 acres plantation be the same more or lefs situate lying and being in the Estate of Ballybay Barony of Cremorne &   County of Monaghan  To {11} 

                                                                     To Hold to the said William Johnston his heir,  Exors admns and afsigns in as full and ample a manner as the same was originally demised by said original Indenture of Lease for and during the  natural life and lives of George Thompson William Breakey & Charles Powel  Leslie, and for and during the life and lives of every such other person as should from time to time forever thereafter be added and inserted to the term  of said demise by virtue of the aforesaid covenant for perpetual renewal in  said original Lease contained Subject to the rents & covenants in said original  Lease Mentioned. 

                                                          Mr Johnston has agreed to sell said lands to Mr     Humphry Breakey for the sum of £ 910-10-10. 

 

                                                                        Counsel is requested to advise

                                                                        Mr Breakey whether a good and

                                                                        marketable title has been shewn  [sic]

                                                                        to said lands.  And if so to direct the 

                                                                        necefsary searches {12}

  

The true seventh page with the second specimen of handwriting follows. 

            I think that a good title can be made to Mr Breakey of the lease in question—The Registry office for deeds should be searched for all acts done by James Johnston from the year 1786 until the time of his death in 1805-a similar search should be made for the acts of William Johnston from the time of his father’s death, and each of them must be taken as affecting the premises with any incumbrances from his attaining the age of 21 years until the execution of the deed by which he parted with any interest vested in him

            Search must be made in the proper office for judgments           ?                decrees, rules  & orders registered or registered against the partees for the last 20 years---and for judgments at the suit of the crown statutes recognizances crown Bonds dispenders Inquisitions and accept?????????? Of office against the partees for the last 20 years and for judgments revived or  ed ? docketted for a similar period

                                                                                                  J F Fosberry

 

August 3rd 1853

11    Moleswirth(?)  St

 

Statement of Title of William Johnston

 


 

[1] See Appendix A.