Marriage Settlement – Henry Hewitt O’Brien and Mary Roche 1807

TRANSCRIPTION OF THE MARRIAGE SETTLEMENT OF HENRY HEWITT O’BRIEN AND MARY ROCHE DATED 27th OCTOBER 1807, no.404481

To the Register appointed by Act of Parliament for Registring Deeds Wills & so forth

Memorial of an Indented Deed of Settlement bearing date the twenty seventh day October one thousand eight hundred and seven, and made between Henry Hewitt O Brien of Broomly in the County of Cork Esquire of the first part John Roche of Aghada in the County of Cork Esquire And Mary Roche Spinster only daughter of the said John Roche of the second part, and John Roche the younger of Aghada aforesaid Esquire and Stephen Laurence O Brien of the City of Cork Esquire Doctor of Physic of the third part and what was made previous to the Marriage of the said Henry Hewit O Brien with the said Mary Roche whereby the said John Roche did agree to give as a portion with his said Daughter Four thousand pounds Stock in the Irish five per Cent Funds, By which said Deed whereof this is a Memorial the said John Roche for the consideration therein mentioned Did grant Assigne Transfer and set over unto the said John Roche the younger and Stephen Laurence O Brien All that the said Four thousand pounds Stock in the Irish five per Cent Funds To hold the same unto the said John Roche the younger and Stephen Laurence O Brien and to the Survivor of them his Executors Admst & Assigns up [sic] Trust, to permit the said Henry Hewit O Brien and his Assigns during his life to take the Interest Money, dividends and produce thereof for his own uses and after his death, to permit the said Mary Roche (in case she shall happen to survive the said Henry Hewit O Brien) and her Assigns during her life to take the Interest Money, dividends or produce thereof for her own use, by way of Jointure from and after the death of the survivor of them the said Henry Hewit O Brien, and Mary Roche, as to the said Sum of four thousand pounds upon Trust for the Issue of such Marriage if any shall be, but in Case there shall be no Issue or in Case there should, and that all such shall dye before any of them shall be entitled to their respective shares of the said Sum, then as to the intire said Sum of four thousand pounds Stock in the Irish five per Cent Funds and all benefit to be had thereby, upon Trust, for the survivor of them the said Henry Hewit O Brien and Mary Roche his intended Wife, his, or her Heirs Exrs Admrs and Assigns and it is by sd Deed expressed that the sd John Roche the younger and Stephen Laurence O Brien shall when thereto required by the sd Henry Hewit O Brien invest the intire of the said Trusts Money, or any part thereof, in the purchase of Lands in Ireland which Lands when so purchased are to remain to the same uses and Trusts as are mentioned and expressed in every aspect as to the Trust Sum of four thousand thousand [sic] pound in the Irish five per Cent Funds To which Deed the said John Roche Henry Hewit O Brien & Mary Roche put their hands and Seals, Witness thereto and this Memorial are John Cotter of the City of Cork Merchant, and John Colburn of sd City Gent.

Note:

  Jointure – sole estate limited to wife, to be employed by her after her husband’s death for her life.

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