Deed of Appointment 1855



Arthur O’Brien Bernard of Carlow and the Isle of Man (son of Thomas and Anne)


Deed appt 1


See transcript of this Indenture below the  image.



deed appt 2
deed appt 3
deed appt 4
deed appt 5
deed appt 6
deed appt 7


Note:  Punctuation has been inserted to make this document more easily readable.


This Indenture made the first day of January in the year of our Lord one thousand eight hundred and fifty five [1st Jan 1855] Between Arthur O’Brien Bernard of Middle Abbey Street in the City of Dublin Esq. and Anna Frances Bernard otherwise Gayer his wife of the same place of the first part Arthur Thomas Bernard of new York in the United States of North America, Standish O’Grady Bernard son of the said Arthur O’Brien Bernard and Anna Frances Bernard his wife, Rosetta Bernard and Harriet Bernard both of Middle Abbey Street in the City of Dublin aforesaid spinsters and Henry Maddock of North Cumberland Street in the City of Dublin gentleman and Anna Maddock otherwise Bernard his wife, of the second part and William Trail of Belfast in the County of Antrim Esq. of the third part.  

Whereas by indenture bearing the date the twenty sixth of May one thousand eight hundred and thirty [26May 1830] made between Thomas Looney therein after described of the first part, William Trail and Fortescue Gregg therein also described of the second part, and the said Arthur O’Brien Bernard and Anna France Bernard his wife therein also described of the third part.  All that and those lands of Balladhoo therein and herein after more particularly described were conveyed to the said William Trail and Fortescue Gregg to hold the same unto and to the use of them the said William Trail and Fortescue Gregg they paying the yearly the Lords rent and all other customary dues incumbent thereon.  Upon the trust to permit and suffer the said Anna Frances Bernard to occupy and enjoy the said lands and to receive the rents issues and profits thereof for her sole and separate use but not in any manner to assign convey or anticipate the same during her life and after her decease to apply said rents and profits for the support and benefit of said Arthur O’Brien Bernard for his life, in case he should survive her, and for the maintenance and education of their children as mentioned therein and after the decease of the survivor of them the said Arthur O’Brien Bernard and Anna Frances his wife.  Upon the further trust that they the said trustees should stand seized of the said lands and premises and the rents and profits thereof in trust for all and every or such one or more exclusively of the others or other of the children or remoter issue of the said Arthur O’Brien Bernard and Anna Frances his wife and their respective heirs and assigns in such parts shares and proportions and form as the said Anna Frances Bernard should by any deed or by her last will and testament in writing to be by her respectively duly executed direct or appoint or give or devise the same and in default thereof or failure of issue then as therein stated.

And whereas by indenture bearing the date the seventh day of June one thousand eight hundred and thirty three [7th June 1833] made between the said William Trail and Fortescue Gregg Trustees as aforesaid of the one part, Charles Scott and Company, Charles Scott, William Duff and Company, Thomas Gilling, Robert Gibbon, John Cain and John Stephen all of the town of Douglas and creditors of the said Arthur O’Brien Bernard and Anna Frances Bernard of the other part. It was agreed between the said several parties thereto that the said lands should be let or lease for any for any term of years not exceeding twenty one years that they the yearly rent of said lands reserved by the said lease should be applied for the benefit of William Stephenson therein named and of the said creditors of the said Anna Frances Bernard and Arthur O’Brien Bernard as in the said indenture particularly mentioned.

And whereas there is issue of the said Arthur O’Brien Bernard and Anna Frances his wife five children named respectively Arthur Thomas Bernard, Standish O’Grady Bernard, Rosetta Bernard, Harriet Bernard and Anna Maddock otherwise Bernard.

And whereas the said Fortescue Gregg departed this life some time in the year one thousand eight hundred and forty five [1845] leaving the said William Trail his co-trustee him surviving.

And whereas the said Arthur O’Brien Bernard and Anna Frances Bernard his wife have applied to and requested the said William Trail to execute a lease of the said lands and premises to the said Henry Maddock for the lives of them the said Arthur O’Brien Bernard and Anna Frances Bernard and the survivor of them for the term of twenty one years whichever should longest last as and subject to the yearly rent or sum of ten pounds sterling payable half yearly which the said William Trail by and with the consent and approbation of the said Arthur Thomas Bernard, Standish O’Grady Bernard, Rosetta Bernard and Harriet Bernard and Anna Maddock otherwise Bernard testified by their respectively executing these presents hath consented and agreed to do upon being released from all liability past or future in respect of said trust lands and premises and upon being indemnified from all liability past or future under or by virtue of said indenture of the seventh of June one thousand eight hundred and thirty three [7th June 1833] or otherwise howsoever. And the said William Trail hath, of his own money, paid the said Arthur O’Brien Bernard and Anna Frances Bernard his wife for the use of them and their said several children the sum of eighty pounds sterling before the execution of these presents.

And Whereas by indenture of lease bearing equal date herewith and made between the said William Trail of the first part. and  Arthur O’Brien Bernard and Anna Frances Bernard his wife of the second part. and the said Henry Maddock of the third part. He the said William Trail at the request and by the consent and approbation of the  said Arthur O’Brien Bernard and Anna Frances Bernard testified as therein demised unto the said Henry Maddock all that the said lands and premises to hold to the said Henry Maddock his heirs, executors, administrators and assigns for the lives of the said Arthur O’Brien Bernard and Anna Frances Bernard his wife and the survivors of them or for the term time and space of twenty one years from the twelfth day of November one thousand eight hundred and fifty four [12th Nov. 1854] subject to the payment of the yearly rent or sum of ten pounds sterling half yearly as therein mentioned and also to the performance of the covenants and agreements therein contained and in which said indenture of lease is contained a covenant by the said Henry Maddock for himself his heirs, executors, administrators and assigns to lay out and expand within eighteen months from the date thereof the sum of two hundred pounds sterling  in permanent improvements on the said demised lands and premises

Now this indenture witnesses that in pursuance of said agreement and in consideration of the premises and the said sum of eighty pounds so paid by the said William Trail of his own money to the said Arthur O’Brien Bernard and Anna Frances Bernard for the use of themselves and their said several children the receipt of which is hereby acknowledged they the said Arthur O’Brien Bernard and Anna Frances Bernard his wife and their respective heirs, executors, administrators and assigns shall and will from time to time and at all times hereafter save, keep harmless and indemnify William Trail his  executors, administrators and assigns of from and against all and all manner of claims, charges, demands, costs and expenses whatsoever in respect thereof that he or they shall or may incur become liable or be in respect of or under of by virtue of the said indenture of the seventh day of June one thousand eight hundred and thirty three [7th Jun 1833] or the covenants therein contained or in any other manner whatsoever in respect thereof .

In Witness whereof the parties aforesaid have hereunto put their hands and affixed their seal the day and year first in these presents written.

Signed

Arthur O’Brien Bernard                     Rosetta Bernard                                  Henry Maddock

Anna Frances Bernard                                    Harriet Bernard                                   Anna Maddock



behoof 1
behoof 2

Behoof of her said Anna Maddock otherwise Bernard her heirs and assigns forever, and to and for no other use, or purpose whatsoever. And to the said Arthur Thomas Bernard, Standish O’Grady Bernard, Rozetta Bernard and Harriet Bernard, the sum of ten shillings sterling divided between them, share and share alike, the said sum of ten shillings sterling so hereby appointed to them the said Arthur Thomas Bernard, Standish O’Grady Bernard, Rozetta Bernard and Harriet Bernard is for their and each of their share interest or proportion of in to or out of the aforesaid estate of Balladhoo. In witness whereof we the said Arthur O’Brien Bernard and Anna Frances Bernard have hereunto set our hands and affixed our seals this first day of January one thousand eight hundred and fifty five.

 

Signed sealed and delivered by the said Arthur O’brien Bernard and Anna Frances Bernard in presence of

??? Callaghan

Rosetta Bernard - 67 Middle Abbey St.

Olivia J Gracey - Rathfarnham, Co Dublin.


At Ramsey, Isle of Man, 18th Aug 1855

Olivia J. Gracey one of the subscribing witnesses to the before written deed of appointment who has been identified before me by Robert James Kelly of Ramsey, aforesaid advocate made oath on the Holy Evangelists that Arthur O’Brien Bernard and Anna Frances Bernard the executing parties this to duly signed, sealed and executed the same in pursuance of this deponent and of ??? O’Callaghan and Rosetta Bernard the other subscribing witness hereto, before me.   [signature is illegible]

Entered in Requisition Book  4, page 16, No. 156

 




Back to Arthur O’Brien Bernard of Carlow and the Isle of Man (son of Thomas and Anne)