Release & Indemnity AOB





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













(punctuation added by transcriber. Words which are illegible are represented as xxxxx)  Page numbers refer to the pages of script in the document.

 

Page 1

 
This indenture made 1st day of January in the year of our Lord 1854 between Arthur O’Brien Bernard of Middle Abbey 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 ----, Standish O’Grady Bernard of -----, Rozetta Bernard and Harriet Bernard both of Middle Abbey in the City of Dublin, spinsters and Henry Maddock of North Cumberland St. in the City of Dublin 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 26th day of May 1830 made between Thomas Lorey therein described in the first part, William Trail and Fortescue Gregg therein also described of the second part,  take Arthur O’Brien Bernard and Anna Frances Bernard his wife therein also described in the third part All that and those the 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 lands rent and all the customary dues incumbent thereupon the trust to permit and suffer the said Anna Frances Bernard to occupy and enjoy the said land and to receive the rents, issues and profits for her sole and separate use (not in any manner to assign, convey or anticipate the source) during life and after the decease to apply said rents and profits for the support of and benefit of the said Arthur O’Brien Bernard for his life in case the said survive her and for the maintenance and education of their children so therein xxxxx and after the decease of the survivor of xxxx the said Arthur O’Brien Bernard and Anna Frances Bernard his wife upon the xxx trust that the said trustees shall stand seized of the said lands and premises of 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 their respective heirs and assigns in such part shares and proportion manner and form as the said Arthur O’Brien Bernard xxx any deed or by last her last will and testament in writing xxx by her reply duly executed direct or appoint or give otherwise the same in default thereof or the failure of issue then as therein stated and Whereas by indenture bearing the date of the 7th day of June 1833 made between the said William Trail and Fortescue Gregg Trustees as xxx of the one part Charles Scott and Co.,  Chs Scott,  William Duff and Co., Thomas Gelling, Robert Cribbon, John Cain and John  Stephens all of the Town of Douglas and creditors of the said Arthur O’Brien Bernard and Anna Frances Bernard of other part. It was agreed between the several parties thereto that said lands should be let or lease ….  (see page 2)

 

Margin note: The farm granted in pursuance of this deed expired on 12th Nov 1854 and William Oatway gave it in his opinion on the case submitted to him by the trustees that they the creditors could not take proceeds now.

Page 2

 

… for any term of years not exceeding 21 years that the yearly rents of said lands reserved by the said lease should be applied for the benefit of one Mr. William Stephenson therein named and of the creditors of the said Arthur O’Brien Bernard and Anna Frances Bernard as in the said indenture particularly xxx.  And Whereas there is issue of the said Arthur O’Brien Bernard and Anna Frances Bernard his wife 5 children named respectively Arthur Thomas Bernard, Standish O’Grady Bernard, Rozetta Bernard, Harriet Bernard and Anna Maddock.  And Whereas the said Fortescue Gregg departed this life some time in the year 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 xxx of them or the term of 21 years which ever shall longest last at and subject to the yearly rent or sum of 10 xxx pay yearly whxx he the said William Trail (by and with the consent and approbation of the said Arthur Thomas  Bernard, Standish O’Grady Bernard, Rozetta Bernard, Harriet Bernard and Anna Maddock otherwise Bernard testified by their reply executing those present). 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 the said indenture of the 7th of June 1833 or otherwise howsoever.  And Whereas by indenture of lease bearing equal date herewith and made between the said William Trail of the 1st part the said Arthur O’Brien Bernard and Anna Frances Bernard wife of the 2nd part and the said H Maddock of the 3rd part. He the said William Trail at the request and by and with the consent and approbation of the said Arthur O’Brien Bernard and Anna Frances Bernard testified as therein demised unto the said H Maddock all that the said lands and premises to hold to the said H 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 survivor of them or for the term time and space of 21 years form the 12th day of Nov 1854 subject to the payment of the yearly rent or sum of 10 shall pay yearly as therein xxx and also performance of all covenants and agreements therein xxx and in which said indenture of release is contained a covenant by the said Henry Maddock for himself his heirs executors administrators and assigns to lay out and expand within …..

 

Page 3 ….. 18 months from the date thereof the sum of 200 xxx in permanent improvements on said demised lands and premises.  Now this indenture witnesseth that in pursuance of agreement and in consideration of the premises they the said Arthur Thomas  Bernard, Standish O’Grady Bernard, Rozetta Bernard, Harriet Bernard and Anna Maddock otherwise Bernard do and each of them doth hereby severally and respectively for themselves and for their respective heirs executors and administrators absolutely release acquit and for ever discharge  the said William Trail his heirs exors and admors of xxx and against all and all manner of claimed charges and denxxxx either at law or in equity that they the said Arthur O’Brien Bernard Anna Frances Bernard Arthur Thomas  Bernard, Standish O’Grady Bernard, Rozetta Bernard, Harriet Bernard Henry Maddock and Anna Maddock otherwise Bernard or any or either of them, their or any or either of their heirs executors administrators or assigns, now, or may at any time hereafter have against him the said William Trail his heirs executors or administrators either upon foot of the rent issues and profits of said land and premises or upon xxx or in respect of the trusts created by the said in part recited indenture of settlement of the 26th Arthur O’Brien Bernard Arthur Thomas  Bernard, Standish O’Grady Bernard, Rozetta Bernard, Harriet Bernard and Henry Maddock do and each of them doth hereby for himself and herself respectively and his and her respective heirs executors administrators and assigns that they the said Arthur O’Brien Bernard Anna Frances Bernard Arthur Thomas  Bernard, Standish O’Grady Bernard, Rozetta Bernard, Harriet Bernard Henry Maddock and their respective heirs executors administrators and assigns shall and will from time to time and at all times hereafter save defend keep harmless and indemnified the said William Trail his heirs executors administrators and assigns of from and against all and  all manner of claims charges demands costs and expenses whatsoever that he or they shall or may xxcur become liable or be put to in respect of or under or by virtue of said indenture of the 7th day of June 1833 or the covenants therein contained or in any other manner whatsoever in respect thereof in Witness.

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