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…..O’Brien Bernard and Anna Frances his wife

    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 manner and form as the said Anna Frances Bernard shall by deed or by last will and testament in writing, to be by her respectively duly executed, direct or appoint, or give or devise the same.
    Said deed, amongst other provisos contained the following, that the said lands and premises and the rents and profits thereof should be free from all and every debts and obligations of the said Arthur O’Brien Bernard and Anna Frances Bernard.

    And also that neither the said Arthur O’Brien Bernard nor Anna Frances his wife should have power or right of selling said lands and premises nor any of their or his estate and interest therein, nor mortgaging or incumbering the same, without the consent in writing of the said William Trail and Fortescue Gregg or the survivor of them, or the heirs exors admors or assigns of such survivor.
   
Power to said trustees with the consent in writing of the said Anna Frances Bernard, to lease said lands and premises.
Executed by all parties and duly acknowledged and enrolled at a court

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                Baron Court held at Douglas the 23rd of October 1830.

    It may here be observed, that the said Arthur O’Brien Bernard and Anna Frances his wife having contracted several debts, and a bill having been filed in the Court of the Chancery for the aforesaid estate of Ballydoo for the payment of said debts, whereupon the said William Trail and Fortescue Gregg went to the Isle of Man for the purpose of affecting an arrangement with said Creditors, and the following indenture was thereupon entered into between the said parties, in manner following.
 
1833 June 27th        By indenture of the date in the margin and made between the said William Trail and Fortescue Gregg trustees of said Anna Frances Bernard of the one part, and Charles Scott and company, Charles Scott, William Duff and company, Thomas Gelling, Robert Cribbin, John Cain and John Stephen all of the town of Douglas of the other part.

    It was witnessed that the said William Trail and Fortescue Gregg granted unto Fredrick L. Gelling full power and authority along with the said William Stephenson to make and execute a Lease of said estate from the 12th day of November 1833 for the term of 21 years for the purpose of paying..


Next page is #7. Pages 5 and 6 are missing

… his wife of the 2nd part and William Trail of the third part.

Reciting that the said Arthur O’Brien Bernard and Anna Frances his wife had requested the said William Trail to execute a Lease of the said lands and premises to the Henry Maddock and for the lives of them the said Arthur O’Brien Bernard and Anna Frances Bernard, or the term of 21 years, which the said William Trail, consented to do, upon being released from all liability past or future in respect of his said trust.

    And reciting that by indenture of Lease bearing equal date with the now abstracting Indenture, they the said William Trail, Arthur O’Brien Bernard and Anna Frances Bernard demised unto the said Henry Maddock, all that the said lands of Balladhoo, to hold for the lives of the said Arthur O’Brien Bernard and Anna Frances his wife or the survivor of them or for the term of 21 years from 12th November 1854, subject as therein xxxx.

    Said indenture witnessed that in pursuance of said agreement, 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, did severally and respectively absolutely release, acquit and forever discharge the said William Trail, his heirs executors and administrators of from and against all

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manner of claims charges demands upon fool of said rent issues and profits of said lands, or in respect of the trusts created by the settlement of the 26th May 1830.

        Executed by the said Arthur O’Brien Bernard and Anna Frances his wife, Rozetta Bernard, Harriet Bernard, Henry Maddock and Anna Maddock, but was not executed by Arthur Thomas Bernard and Standish O’Grady Bernard, these two latter being then living in foreign parts and out of the jurisdiction of the Court. Recorded at the Registry Office at Douglas, Isle of Man in August 1855.


1855 January 9th    By Indenture of sale of date in margin and made between said
Arthur O’Brien Bernard and Anna Frances his wife, Rozetta Bernard, Harriet Bernard,Arthur Thomas Bernard and Standish O’Grady Bernard, Henry Maddock and Anna Maddock otherwise Bernard of the one part, and Mary Maddock of the other part.

    Reciting said Indenture of Sale of 26th May 1830.

    And reciting said Deed of Appointment of the 1st day of January 1855

    And reciting said herein before abstracted Indenture of Release and Indemnity of 1st January 1855.

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    It was witnessed that in consideration of the sum of 200 pounds paid by the said Mary Maddock to the said Arthur O’Brien Bernard and Anna Frances his wife, Rozetta Bernard and Harriet Bernard (receipt acknowledged).

    They the said Arthur O’Brien Bernard, Anna Frances his wife, Rozetta Bernard, Harriet Bernard, Arthur Thomas Bernard, Standish O’Grady Bernard said Henry Maddock and Anna his wife.

    Granted and absolutely sold unto the said Mary Maddock her heirs executors administrators and asigns, All that and those the aforesaid estate of Balladhoo therein and herein before particular mentioned and described -

    To hold unto the said Mary Maddock her heirs, exors, admors and asigns for ever.

Executed by the said Arthur O’Brien Bernard and Anna Frances his wife, Rozetta Bernard and Harriet Bernard - but the above abstracted deed was not executed by the said Arthur Thomas Bernard, Standish O’Grady, Henry Maddock nor Anna Maddock - Recorded in the proper Record Office at Douglas, Isle of Man in the month of August 1855.


    By the foregoing abstracted deeds it will..

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.. Be perceived that the legal estate is still vested in the said William Trail - that the said Henry Maddock holds the said lands for the term of 21 years unexpired, or for the lives of said Arthur O’Brien Bernard and Anna Frances his wife whichever should last the longest, and that said Henry Maddock has a power of attorney to receive the rents of said estates - and that said Henry Maddock has not executed said deed of sale to the said Mary Maddock - nor done any act by asignment or otherwise and that said Henry Maddock is now in the quiet possession and enjoyment of said estate.

    By the foregoing abstracted Deeds it will also appear that the said Anna Maddock is entitled to said Estate of Balladhoo after the expiration of said lease so made to the said Henry Maddock, in pursuance and by virtue of the said in part recited deed of appointment bearing the date of the 1st of January 1855, and that the said Anna Maddock has not executed the said indenture of Sale of 9th January 1855 to the said Mary Maddock, nor done any act to hereby her title to the said estate of Balladhoo could be unimpeached.

1856 October 24th    By Indenture of Release of date in margin the said Standish O’Grady Bernard (one of the ...

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...the parties to the said Release and Indemnity of the 1st of January 1855, and the Deed of Sale of the 9th January 1855) did in consideration of 2/6 of the sum appointed to him by the said herein before abstracted indenture of appointment of the 1st January 1855 (receipt acknowldeged) Released and forever quit claim and demand said William Trail and said estate of Balladhoo, and exonerated said lands from any claim for or his heirs, executors or administrators could or might have against same.


    It will be seen that all the children of the Arthur O’Brien Bernard and Anna Frances his wife, as also the said Arthur O’Brien Bernard and Anna his wife, have all executed Releases of all claims and demands against said William Trail and said xxx estate of Balladhoo, with the exception of their eldest son Arthur Thomas Bernard who is living somewhere out of the jurisdiction of the Island, but it is presumed that the non signature of the said Arthur Thomas Bernard is not absolutely requisite, in conveying the said land to the Purchaser, in consequence of the Deed of Appointment herein before abstracted, appointing said estate to the said Anna Frances Maddock, who will execute to a purchaser and only ...

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….Appointing 2/6 to the said Arthur O’Brien Bernard as his share of the estate.

1857        By Indenture of date in the margin and made between the said Mary Maddock of the one part and said Henry Maddock of the other part,

    It is witnessed that in consideration of 200 pounds paid by the said Henry Maddock to said Mary Maddock (receipt acknowledged) - She the said Mary Maddock asigned and conveyed her estate and interest all that and those the xxx estate of Balladhoo therein and herein before particularly described.

    To hold to the said Henry Maddock his heirs and asigsn for ever.

It is submitted that the said Henry Maddock and Anna Maddock have a good and legal estate in the aforesaid lands of Balladhoo and that they can sell said estate and can give a good marketable title of same to a purchaser, although the said Arthur Thomas Bernard has not executed any Release as yet.

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