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.
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1757 Feby 3
The Revd Henry 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