Marriage Settlement – Laurence O’Brien and Jane Hewitt 1778

Transcription of Marriage Settlements

TRANSCRIPTION OF THE MARRIAGE SETTLEMENT OF LAURENCE O’BRIEN AND JANE HEWITT DATED 10th MARCH 1778  (237348)

To the Registrar appointed by Act of Parliament for the publick registring of Deeds Conveyances & Wills

Memorial of Articles of Agreement made concluded and agreed upon the tenth Day of March one thousand seven hundred and seventy eight Between Laurence O Brien of Castle Townsend in the County of Cork Merchant of the first part Henry Hewitt Esq. & Jane Hewitt Spinster his only daughter both of Castle Townsend aforesaid of the second part & John Sarsfield of the City of Corke Merchant & Richard Connell of the said City Esq. of the third part reciting that by Indenture bearing date the fourteenth Day of October one thousand seven hundred and seventy two & made between Elizabeth Crofton of the City of Corke Widow of the one part & the said Laurence O Brien of the other part the said Elizabeth Crofton for the consideration therein mentioned did demise unto the said Laurence O Brien his Exeors Admins & Assigns then being in his actual Possession for the term of sixteen years from the twenty fifth day of March then last past All That that part of the Farms & Lands of Burrgashogh called Colbane then held by the said Laurence O Brien containing twenty three Acres english Statute Measure & under yearly Rent of nine pounds six shillings & eight pence & also reciting that by Indenture bearing date the twenty fifth Day of February one thousand seven hundred and seventy seven & made between Richard Townsend of Castle Townsend aforesaid Esq. of the one part & the said Laurence O Brien of the other part the said Richard Townsend for the consideration therein mentioned did demise unto the said Laurence O Brien All That his the said Laurence O Brien’s Dwelling House Malt House & Stables together with a little Field adjoining the said Holdings situate in the Barony of Carbery & County of Corke in his actual Possession then being To Hold the said demised Premises unto the said Laurence O Brien his Heirs & Assigns for & during the natural Lives & Life of the said Laurence O Brien Francis Goold & Wm Galway & the Survivor of them at the yearly Rent of seven pounds & reciting that a Marriage was shortly to be made & solemnized between the said Laurence O Brien & Jane Hewitt then the said Articles witness that in Consideration of said Marriage & of three hundred pounds the Marriage Portion of the said Jane Hewitt paid by the said Henry Hewitt to the said Laurence O Brien & in Consideration of ten shillings paid to the said Laurence O Brien by the said John Sarsfield & Richard Connell the said Laurence O Brien did for him his Exeors Admins & Assigns settle unto the said John Sarsfield & Richard Connell & the Survivor of them & the Heirs & Assigns of such Survivor that part of said Lands of Burrgashogh called Colbane & also All That the said Laurence O Brien’s Dwelling House Malt House & Stables together with the little Field adjoining the said Holdings situate in the Barony of Carbery & County of Corke they the said John Sarsfield & Richard Connell permitting the said Laurence O Brien to take & receive the Rents Issues & Profits of the hereinbefore mentioned Lands & Premises for & during so many years of said Term as he shall live for & as his Joynture out of the Rents of the said Lands & Premises with full power to distrain for the same & also to the use & Behalf of any Child or Children of the said Laurence O Brien by the said Jane Hewitt if more than one Child to be disposed of in such manner as the said Laurence O Brien should think proper by any Deed to be by him executed in his life Time or by his last Will & Testament in Writing & for Want of such Appointment by Deed or Will to be equally divided between them share & share alike & that in Case the said Laurence O Brien should survive the said Jane Hewitt & should thereafter marry any other Wife or Wives by whom he may have Issue that then they the said John Sarsfield & Richard Connell & the Survivor of them should be deemed to be seized & possessed of all & singular the Lands & Premises aforesaid & of all & every other that real freehold & personal Fortune & Estate whereof the said Laurence O Brien may die possessed or intitled unto thereout by Lease Sale or Mortgage to levy & raise the sum of five hundred pounds for the Use of the Children begotten by the said Laurence O Brien on the Body of the said Jane Hewitt and if but one Child the sum of two hundred & fifty pounds & no more And the said Articles further Witness that if the said Laurence O Brien should survive the said Jane Hewitt that it should be lawfull for the said Laurence O Brien to settle & convey all & singular the Lands & Premises aforesaid as a security for any Joynture not exceeding eighty pounds yearly for may after to be taken Wife or Wives provided always that such Joynture to be so settled on such Wife or Wives should not barr affect lessen or prejudice such provision before mentioned for any Child or Children to which said Articles of Agreement the said Parties put their Hands & Seals Witness thereto are Thomas Hardy of the City of Corke Gent & Matthew Thomas Hewitt of Castle Townsend aforesaid Esq., & this Memorial is witnessed by the said Matthew Thomas Hewitt & Percy Rugge of the said City of Cork Gent.

Note:

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

  Portion – dowry.

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