1855 Deed of Sale to Mary Maddock

Punctuation added to improve readability. Dates in brackets added by transcriber

THIS INDENTURE made the ninth day of January in the year of our Lord one thousand eight hundred and fifty five [9^th Jan 1855] Between Arthur O’Brien Bernard Esquire and Anna Frances Bernard his wife, Rozetta Bernard and Harriett Bernard both spinsters all of Middle Abbey Street in the City of Dublin, Ireland, Arthur Thomas Bernard and Standish O’Grady Bernard both now residing in foreign parts and Henry Maddock of North Cumberland Street in the City of Dublin gentleman and Anna Maddock otherwise Bernard his wife which said Rozetta, Harriett, Arthur Thomas, Standish O’Grady and Anna Maddock are the only children now living of the said Arthur O’Brien Bernard and Anna Frances Bernard his wife of the one part and Mary Maddock of North Cumberland Street aforesaid widow of the other part. Whereas by indenture of sale in the nature of a settlement bearing the date the twenty sixth of May one thousand eight hundred and thirty [26^th May 1830] made between Thomas Looney of Ballamore in the Parish of Lonan in the Isle of Man of the first part, William Trail then of Bush Mills in the County of Antrim in Ireland and Fortescue Gregg of Belfast in the same County and Kingdom of the second part, and the said Arthur O’Brien Bernard and Anna Frances his wife parties hereto of the third part.   It was witnessed that the said Thomas Looney with the consent of his wife granted and absolutely sold unto the said William Trail and Fortescue Gregg the heirs, executors and assigns all and singular the Estate of Balladhoo situate in the Parish of Lonan in the Isle of Man as therein and hereafter more particularly mentioned and described.  To hold unto the said William Trail and Fortescue Gregg their executors, administrators and assigns with the appurtenances for ever upon trusts therein declared concerning the same and amongst others upon trust for all and every of such one or more exclusively of the other or other of the children or remote issue of the said Arthur O’Brien Bernard and Anna Frances Bernard his wife in such parts, share and proportions, manner and form as the said Anna Frances Bernard should by any deed or by her last will direct or appoint.  And whereas by indenture of appointment bearing date the first day of January one thousand eight hundred and fifty five [1^st Jan 1855] It was witnessed that the said Anna France Bernard in pursuance and execution of the power given unto her by the said in part recited indenture of the twenty sixth of May one thousand eight hundred and thirty [26^th May 1830] directed limited and appointed the aforesaid estate of Balladhoo unto and for the only use and behoof of her daughter the said Anna Maddock otherwise Bernard her heirs and assigns forever, and did thereby also appoint unto her remaining children, viz: Arthur Thomas Bernard, Standish O’Grady Bernard, Rozetta Bernard and Harriett Bernard the sum of ten shillings sterling, to be divided between them share and share alike said sum to be for their share and interest in the aforesaid lands of Balladhoo.  And whereas by indenture of release bearing date first day of January one thousand eight hundred and fifty five [1^st Jan 1855] and made between Arthur O’Brien Bernard and said Anna Frances Bernard his wife of the first part, the said Arthur Thomas Bernard, Standish O’Grady Bernard Rozetta Bernard, Harriett Bernard, Henry Maddock  and Anna Maddock otherwise Bernard his wife of the second part and the said William Trail of the third part reciting amongst other things that the said Fortescue Gregg one of the trustees of said Indenture of the twenty sixth of May one thousand eight hundred and thirty departed this life some time in the year one thousand eight hundred and forty five leaving the said William Trail his co-trustee him surviving, and reciting an agreement entered into between the several parties thereto, to release the said William Trail the surviving trustee from the Trust created by the aforesaid indenture and from all liability past and future  in respect of said Trust lands and premises.  It was witnessed that they said Arthur O’Brien Bernard, Anna Frances Bernard, Arthur Thomas Bernard, Standish O’Grady Bernard, Rozetta Bernard, Harriett Bernard, Henry Maddock  and Anna Maddock did absolutely release acquit and discharge the said William Trail his heirs, executors and administrators of from and against all liability past or future in respect of the aforesaid lands and premises and trusts created by said in part recited indenture of the twenty sixth of May one thousand eight hundred and thirty [26^th May 1830]  And whereas a family arrangement has been entered into and agreed upon by and between the said several parties here to of the first part, for to sell and dispose of their several respective estates and interests in the aforesaid property to the said Mary Maddock for the sum of two hundred pounds sterling and the said Arthur O’Brien Bernard and Anna Frances Bernard have also agreed to execute their joint bond with Warrant of Attorney to the said Mary Maddock  as a collateral security for the said sum of Two Hundred pounds.  Now this indenture witnesses that in pursuance of said agreement and in consideration of the said sum of two hundred pounds of lawful money of Great Britain paid by the said Mary Maddock to them the said Arthur O’Brien Bernard, Anna Frances his wife, Rozetta Bernard, Harriett Bernard, Arthur Thomas Bernard and Standish O’Grady Bernard at or immediately before the execution of these presents, the receipt and payment whereof they the said Arthur O’Brien Bernard, Anna Frances his wife, Rozetta Bernard, Harriett Bernard, Arthur Thomas Bernard and Standish O’Grady Bernard do and each of them doth here by acknowledge and by these presents doth release and for ever discharge the said Mary Maddock her heirs executors, administrators and assigns from the same and every part thereof and also the said lands and hereditaments.  They the said Arthur O’Brien Bernard and Anna Frances his wife Rozetta Bernard, Harriett Bernard, Arthur Thomas Bernard and Standish O’Grady Bernard and also the said Henry Maddock and Anna Maddock otherwise Bernard his wife according to their and each of their several and respective estates and interest therein have each of them hath granted, bargained, sold, aliened, released and confirmed and by these presents do each of them doth grant, bargain, absolutely sell, alien, release and confirm unto the said Mary Maddock her heirs, executors, administrators and assigns.  All that and those the aforesaid Estate of Balladhoo situate in the parish of Lonan and Isle of Man, bounded on the North and West by lands called Hourness lately the property of Catherine Allen deceased, on the East by Baldrine and on the South by lands called Balladhoo then the property of Thomas Brew, the said estate and lands hereby conveyed containing about twenty seven acres be the same more or less and also all the estate right title interest of claim and demand whatsoever both at law or in equity of them the said Arthur O’Brien Bernard Anna Frances his wife Rozetta Bernard, Harriett Bernard, Arthur Thomas Bernard and Standish O’Grady Bernard and also the said Henry Maddock and Anna Maddock his wife and each of them respectively in to and upon the said hereditaments and premises and also all deeds, papers and writings relating to or concerning the title to the said hereditaments and premises.  To have and to hold the said hereditaments and premises unto the said Mary Maddock her heirs, executors, administrators and assigns for ever, as well as quarter land oulack ? with the houses and buildings thereon erected, and all ways, waters, watercourses, easements, liberties, rights, members and appurtenances to the same belonging or in anywise pertaining.  She the said Mary Maddock paying the Lord rent and all other  customary dues incumbent thereon.  And the said Arthur O’Brien Bernard, Anna Frances his wife Rozetta Bernard, Harriett Bernard, Arthur Thomas Bernard and Standish O’Grady Bernard and also the said Henry Maddock and Anna Maddock his wife  Do each of them Doth for himself, herself and themselves respectively their, his or her heirs, executors and administrators hereby by covenant and declare with and to the said Mary Maddock her heirs, executors, administrators and assigns, that she the said Mary Maddock her heirs, executors, administrators and assigns shall or lawfully may immediately upon the execution of these presents and at all times thereafter enter into and upon and hold possess and enjoy the said hereditaments and premises with their and their rights, members, privileges and appurtenances, and receive and retain the rents, issues and profits thereof to and for her and their own use and benefit without any manner of hindrance, interruption, disturbance, claim or demand whatsoever by or from the said Arthur O’Brien Bernard, Anna Frances his wife, Rozetta Bernard, Harriett Bernard, Arthur Thomas Bernard and Standish O’Grady Bernard, Henry Maddock and Anna Maddock his wife and all other persons now or thereafter claiming any right or estate in or to said lands and hereditaments hereby granted and released and shall and will from time to time and at all times hereafter upon the request of the said Mary Maddock her heirs or assigns make do, acknowledge, levy, suffer, execute and perfect all and every such further and other acts, deeds conveyances, matters and things, whatsoever for the further and more satisfactory granting, confirming and assuring the said messuages, lands, hereditaments and premises unto the said Mary Maddock her heirs and assigns in such manner as they said Mary Maddock her heirs or assigns or her or their counsel xxxxxxx in the law shall advise and require.  And the said Arthur O’Brien Bernard, Anna Frances his wife, Rozetta Bernard, Harriett Bernard, Arthur Thomas Bernard and Standish O’Grady Bernard Do and doth according to their several and respective estates and interests herein doth hereby covenant, promise and agree to save, defend and keep harmless and indemnified the said Mary Maddock of from and against all claims and demands for or against or in respect of said trust property and every part thereof.  And also that they the said Arthur O’Brien Bernard and Anna Frances Bernard doth hereby further covenant with the said Mary Maddock her heirs and assigns that they the said Arthur O’Brien Bernard and Anna Frances Bernard or either of them hath not at any time heretofore done, executed or permitted to be done executed nor have been party or privy to any act, deed, matter or thing whatsoever whereby the said lands and hereditaments hereby assured  or any part thereof, or any whatsoever or interest therein are, is, can shall or may be in anywise be impeached, charged or encumbered in any manner whatsoever.   Know all men by these presents that we the said Arthur O’Brien Bernard and Anna Frances Bernard do by these presents and each of us doth nominate, constitute and appoint absolutely and without power of revocation the said Henry Maddock (party hereto) to be our true and lawful attorney of us Arthur O’Brien Bernard and Anna Frances Bernard, and each of us, our and each of our heirs, executors and administrators, for us and each of us, our and each of our heirs, executors and administrators and in our and each of our or his or their name or names to ask, demand, sue for, recover and receive all sum or sums of money, rent, arrears or rent of and from all and every person and persons liable to pay the same to us the said Arthur O’Brien Bernard and Anna Frances Bernard, or each of us, and also to receive from the tenant or tenants of the aforesaid estate of Balladhoo all rent and arrears of rent whatsoever which shall or may be due to us or each of us thereout , and in each of our names or name to give and sign receipts and discharges for the same, and to institute any action, suit or other proceeding either at law or in equity for receiving, recovering or compelling payment thereof and also to enter into possession thereof  and of said estate when same be vacant and to let the same at whatever rent our said attorney the said Henry Maddock should think proper and generally to transact, execute and manage and perform all other deeds, matters and things whatsoever which our said attorney shall think proper in managing the aforesaid estate of Balladhoo hereby and by these presents giving and granting unto the said Henry Maddock as our attorney our full and whole power and authority in the premises, and we will ratify and confirm all and whatsoever our said attorney shall do or cause to be done in the premises.  And this indenture also witnesses that in consideration of the said sum of ten shillings sterling being the sum appropriated and appointed to and amongst the said Arthur Thomas Bernard, Standish O’Grady Bernard, Rozetta Bernard and Harriett Bernard or their executors and administrators  Have and each and every of them hath remised and released and for ever quit claim, and by these presents do and each and every of them doth by these presents remise, release and for ever quit claim unto the said William Trail his heirs, executors and administrators and also the heirs, administrators and assigns of the said Fortescue Gregg deceased all actions and suits, cause or causes of action or suit and other proceedings at law or in equity, accounts, reckonings, claims and demands whatsoever, for on account of the rents, issues and profits of the aforesaid estate of Balladhoo so vested in them the said William Trail and Fortescue Gregg , or for or on account, or in consequence trusts declared by the said indenture of the Twenty sixth day of May one thousand eight hundred and thirty [26^th May 1830] or any of them or any clause matter or thing whatsoever in the said indenture contained or in anywise relating thereto from the day of the date of the said indenture for ever hereafter.  In witness whereof  the parties aforesaid have hereunto put their hands and affixed their seals the day and year first in these presents written

Signed by:

Arthur O’Brien Bernard

Anna Frances Bernard

Rosetta Bernard          Harriet Bernard

Additional Information at the bottom of the deed in three panels