Indenture between Andrew Bracken of Toam and Prudence Trotter dated 1826

Date: 22 Jul 1826 [unknown]
Location: County Fermanagh, Ireland
Surname/tag: Bracken Willis Trotter

This Indenture made the twenty-second day of July in the Year of Our Lord one thousand eight hundred and twenty six.

Family document courtesy of Barry Brackin and John Boles

• between Andrew Bracken of Toam in the county of Cavan Gentleman, of the first part,
• Prudence Trotter, Spinster, one of the daughters of Alexander Trotter of Mullykivet in the county of Fermanagh, Gentleman, by Sarah Trotter his wife of the second part
• the said Alexander Trotter and Sarah his wife, of the third part.
• John Bracken of Toam in the county of Cavan aforesaid , of the fourth part;
• and Edward Archdall of Riversdale in the county of Fermanagh Esquire; George Willis of Hall-Craig in said County of Fermanagh Esquire; and Richard Bracken of Templenaffrin in the County of Fermanagh aforsaid Gentleman of the fifth part.

A property settlement dated 22nd July 1826 in consideration of the intended marriage of Andrew Bracken of Toam and Prudence Trotter

WHEREAS a marriage is agreed upon, and intended to be had and solemnized between the said Andrew Bracken and the said Prudence Trotter;

This property settlement begins with the the bride's parents, Alexander and Sarah Trotter in acknowledgement of a property dispute concerning the lands of Long-Rob, Mullykevit and Sixteen Acre Park amongst others, between the parties named above, the resolution of which dated 1805 was for the properties in dispute to revert to the crown with the provision that Andrew & Sarah Trotter, and their heirs as tenants in common, should receive the rents etc. of the properties in question. ^[1] If Alexander Trotter should die first, his wife Sarah would continue to receive the income during her lifetime. If Sarah died first, Alexander will receive an annuity of sixty pounds, with the rest of the income going to the children. Following the death of Alexander and Sarah Trotter, the estate will pass to their children as tenants in common, in proportional shares.

and whereas by Royal Letters Patent of His late Majesty King George the third, bearing date at Dublin the seventh day of February in the forty-sixth year (1806) of his said Majesties reign it was amongst other things recited that the lands of Long-Rob, Mullykevit and Sixteen Acre Park amongst others were then in controversy and dispute in a suit then pending between the parties in said Suit; and said Letters Patent mentioned the said Alexander Trotter and Sarah his wife being a party thereto; and reciting his Majesty's rights, and that the subject matter of said suit was referred to His Majesty's then Attorney General for his support, and reciting that by said Report his Majesty's said Attorney General reported that his Majesty might, if he pleased, grant and assign said lands amongst others, for the payment of the cost of said suit and after payment thereof, then in trust to permit and suffer the said Alexander and Sarah to receive rents, Issues and profits of the said real and freehold estate. Therein mentioned, of which the said lands of Long-Rob Mullykevit. and Sixteen Acre Park formed a part and the proceeds of the personal estates therein mentioned, during their joint lives and in case the said Sarah should survive the said Alexander. then in trust, after his decease to permit the said Sarah, then in trust after her decease, to pay to the said Alexander during his life one annuity of Sixty pounds sterling - and during his life to pay the residue of said estates to the children of said Sarah - and after the deaths of the said Alexander and Sarah, then to convey the entire of the said real and personal fortunes therein mentioned to the use of all and every child and children of the said Alexander and Sarah, and their several and respective heirs in equal shares and proportions. To takes tenants in common, not as joint tenants - and thereby his said Majesty, after taking the premises into his Royal Consideration, was graciously pleased to condescend thereunto - and did therefore, of his special Grace certain knowledge and mere motion, by and with the advice and consent of the Right Honourable Philip, Earl of Hardwicke then Lord Lieutenant General ..... an according to the tenor and effect of his letters, under the Privy signatures bearing date at his Court at Saint Jame's the thirteenth day December one thousand eight hundred and five give and grant all the said real and personal Estate in said Letters patent mentioned (which William Wilkin took under the Will and Codicil of David Wilkin therein mentioned, unto the said Alexander and Sarah in trust, and to, for, and upon the several trusts and purposes therein, and in the said report of his said late Majesty's said Attorney General set forth, as by the said Letters Patent duly enrolled in the Rolls of his Majesty's High Court of Chancery in Ireland, the eighth day of February in the said forty sixth year of his said Majesty's reign, may appear.

Prudence Trotter is now 21 years old & about to be married. It is usual for a bride to receive a portion of land as a dowry; but because in this case, her parents have only a life interest in their property, Prudence agrees to give up her inheritance and receive instead £300 sterling paid in installments as her marriage portion. If this amount is not paid, her claim to inherit a proportion of the income from the lands described above, comes into effect.

AND WHEREAS the said Prudence Trotter hath attained her full age of twenty one years, and hath agreed to sell and dispose of her right, title and interests of in and to her proportion of the said recited Lands and premises, to the said Alexander and Sarah, her father and mother, for the price or sum of three hundred pounds sterling, which she and the said Andrew Bracken, agrees to accept of as a Marriage Portion, in lieu and bar of any claim or claims she now has in her own right. or hereafter might have as to the said gift and grant of his late Majesty King George the third - the said sum of three hundred pounds to be paid to the said Andrew Bracken within the space of four years from the solemnization of the said intended marriage, and ten pounds per year for said four years, as Interest for the same - or in default thereof, that then the said part or proportion of the said gift and grant stand and ensure to the said Prudence, as fully and effectually as if these presents had not been executed by her

Now we have a history & description of the Lands of Toam (Tuam) since 1786, in which the groom's father, John Bracken has the lease of 57 acres Others also have an interest in these Lands of Tuam including Edward Willis and his son Robert Willis, and John's son William Bracken (brother of the Andrew Bracken about to be married to Prudence Trotter) ^[2]

AND WHEREAS by an Indenture of Lease bearing the date the Seventeenth day of April one thousand seven hundred and Eighty Six, John Hassard then of Tuam in the County of Cavan Esquire, demised ^[3]and set into the said John Bracken and Oliver Wallis, Richard Bracken and Edward Willis all that and those that part of the said Lands of Toam from the Mill Wall of the Paddock and part of the lands of Carrickaboyagher, and Eel Weir, seared upon one side by the Great Road to Sligo, and situate and being in the County of Cavan aforesaid, at the yearly rent of one pound five shillings per acre, for every acre that the said Demised Premises might be found to contain. TO HAVE AND TO HOLD unto the said John Bracken, Oliver Wallis , Richard Bracken and Edward Willis for and during the natural lives or life of Thomas Wallis son of said Oliver Wallis, Robert Willis son of the said Edward Willis, and William Bracken son of the said John Bracken and the Survivors and Survivor of them.

AND WHEREAS the said John Bracken is seized and possessed of fifty seven acres thereof, under by virtue of the said recited Lease.

John Bracken also has the "Town and lands of Crossmurrin" (the townland of Crossmurrin is close to Marble Arch Caves)

AND WHEREAS by an Indenture of Lease bearing the date the tenth day of October one thousand eight hundred and fourteen, Owen Saunders of Prospect in the County of Tipperary Esquire, Demised ^[4] and Set unto the said John Bracken ALL THAT and those the Town and Lands of Crossmurrin containing by estimation one hundred and sixty seven acres, three roods and ten perches, by the same more or less, ^[5] at the yearly rent of one hundred pounds sterling. TO HAVE AND TO HOLD unto the said John Bracken his Heirs Executors and Admors for and during the lives and life of John Elliott and Thomas Elliott, sons of James Elliott of Correy in the County of Fermanagh, and Richard Elliott of Ressey (Rossigh?) in the County of Fermanagh, sons of the late John Elliott of Ressey deceased, and the Survivors and survivor of them, or for the term of thirty one years. ^[6]

AND WHEREAS as an abatement the said Owen Saunders new accepts of sixty pounds sterling, of the late currency of Ireland per anum in lieu, place and stead of said sum of one hundred pounds per anum, the rent reserved and made payable under and by virtue of the said last recited lease.

And John Bracken also has the lease of a portion of the "the Lands of Doneen" which may be the townland of Dooneen on the Glengesh Road, east of Enniskillen

AND WHEREAS the said John Bracken is in possession of part of the lands of Doonen and stock and situate in the County of Fermanagh aforesaid which he holds as tenant from year to year, at the yearly rent of twenty two pounds sterling.

John Bracken of Toam, for his part, is providing income from land held under various leases to make provision for his son, Andrew with one share (a moiety) of the income from his lands of Toam, Crossmurren and Doonen (with stock). ‘Moiety’ means a share - generally a half share.

AND WHEREAS the said John Bracken in order to make a provision for his son the said Andrew Bracken, hath agreed to grant and assign in trust, in manner hereinafter mentioned, one Moiety of the said recited lands and premises,

This agreement, the Indenture is being negotiated and signed sometime before the marriage of Andrew and Prudence takes place. John Bracken therefore transfers entitlement to this moiety to the three men who are the ‘fifth part’ of the contract. That is, Edward Archdale, George Willis and Richard Bracken. They will hold this land as trustees until the marriage, and allow John Bracken the use of the land until then. After the marriage has taken place, they will transfer the moiety to Andrew Bracken.

Edward Archdall, George Willis and Richard Bracken pay Alexander Trotter, Sarah Trotter his wife, and Prudence Trotter the sum of £10 sterling. as an advance on their property agreement.

NOW THIS INDENTURE WITNESSETH that for and in consideration of the said intended marriage and in consideration of the sum of ten pounds sterling, by the said Edward Archdall, George Willis and Richard Bracken, in hand paid to them the said Alexander Trotter, Sarah Trotter and Prudence Trotter, at or before the ensealing and delivery of these presents, the receipt and payment thereof is hereby acknowledged, they and each of them have according to their several and ..... therein, given, granted, bargained, sold, assigned, transferred and made over and by these presents doth give, grant, bargain, sell, assign, transfer and make over unto the said Edward Archdall, George Willis and Richard Bracken (in their actual possession now by being virtue of a bargain and sale to them thereof made for one whole year, by Indenture bearing date the day next before the day of the date of these presents, in consideration of five shillings and by force of the Statute for transferring uses into possession) and to their heirs and assigns all that and those that part share or proportion of the said lands and premises to which the said Prudence Trotter, as one of the children of the said Alexander trotter and Sarah his wife, or her heirs, could or might be entitled to, under and by virtue of the said Letters Patent, of his said late Majesty. TO HAVE and TO HOLD unto the said Edward Archdall, George Willis and Richard Bracken, their Heirs and Assigns forever, according to the estate and interest that they the said Alexander Trotter, Sarah Trotter his wife, and Prudence Trotter their daughter have therein, upon the trusts, and to and for the uses, intents and purposes hereinafter mentioned.

In return, John Bracken makes over to Edward Archdall, George Willis and Richard Bracken, a share of his interest in the Lands of Toam.

AND THIS INDENTURE FURTHER WITNESSETH that for and in consideration of love and affection, and also of said intended marriage, and of ten shillings sterling by the said Edward Archdall, George Willis and Richard Bracken to the said John Bracken in hand paid, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, the said John Bracken hath given, granted, bargained, sold, assigned, transferred and made over, and by these presents doth give, grant, bargain, sell, assign, transfer and make over unto the said Edward Archdall, George Willis and Richard Bracken (in their actual possession now being by virtue of a bargain and sale to them thereof made for one whole year, by Indenture bearing date the day next before the day of the date of these presents, in consideration of five shillings sterling and by force of the Statute for transference ..... and assigns, All that and those, one Moiety of the said mentioned, and described Town and Lands of Toam, to which the said John Bracken is entitled, with the appurtenances, and also one moiety of the said lands of Doonen and stock, TO HAVE AND TO HOLD the said moeity of the lands of Toam and stock unto the said Edward Archdall, George Willis and Richard Bracken their heirs and assigns, for and during the natural lives and life of the cestus qui vies ^[7] in the said recited lease of said Lands of Toam mentioned, subject however to one Moiety of the rents thereof, and subject to the Trusts herein after mentioned;

Edward Archdall, George Willis and Richard Bracken "and their heirs and assigns for ever" receive a share of the income of the lands of Crossmurrin & Doneen and stock.

Alexander and Sarah Trotter will also receive what they had been entitled to for a further four years, as compensation agreeing to pay £10 sterling per year

and also TO HAVE AND TO HOLD the said Moeity of the said lands of Crossmurrin and stock unto the said Edward Archdall, George Willis and Richard Bracken their heirs and assigns for and during the rest, residue and remainder of the said term of years yet to come and unexpired lands of Crossmurrin and stock, and during the natural life and life of the cestun qui vies in said Lease mentioned, but subject to a moiety of the head rents payable thereout, and to the trusts hereinafter mentioned - and also one moiety of the said lands of Doonen and stock for the continuance of the possession to which the said John Bracken is entitled as Tenant from year to year, subject to the one moiety of the rent payable thereout, and also to the Trusts herein after mentioned, that it to say, in trust in the first place, unto the solemnisation of the said intended marriage, to permit and to suffer the said Alexander Trotter and Sarah his wife to hold and enjoy that part or proportion of the said lands and premises in the said recited Letters patent granted - and from and after the solemnisation of the said intended marriage, also to hold and enjoy there same for the space, term and time of four years longer, upon the payment of Ten Pounds sterling per year, and upon the expiration thereof and of the payment of said sum of Three Administrators or assigns, then to go to the said Alexander Trotter his heir and assigns forever - but upon default of payment of the said sum of three hundred pounds sterling, then and in that case to hold to the said Prudence Trotter her heirs or assigns for ever, according to such estate and interest as she or they could or might have under said Letters patent as if these resents had not been entered unto or executed.

John Bracken and his heirs will then have, from the time of Andrew's marriage, a share of the lands of Tuam, a share of the lands of Crosmurrin, a share of the lands of Doneen; which will provide income for Andrew and Prudence following their marriage, and there is a provision for Prudence and her children should Andrew die first.

And upon this further trust until the solemnisation of the said intended Marriage, to permit and suffer the said John Bracken, his heirs and assigns to hold and enjoy the said moiety of the said recited lands of Toam with its appurtenances , the said moiety of the said recited lands of Crosmurrin and stock with the appurtenances and the said recited moiety of the said lands of Doonen and stock and from and after the solemnization of the said intended marriage, then the said last mentioned and described moieties of the said Lands of Toam, Crossmurrin and stock and Doonen to go to the use and behoof of the said Andrew Bracken during his natural life, provided the Term and Interests in the said several and respective Leases and premises so long continue, and in the event of the said Prudence Trotter surviving her said intended husband the said Andrew Bracken then upon trust for securing unto the said Prudence, her jointure during her natural life, as a support and maintenance, and in bar and Lieu of Dower or Thirds, to raise, levy, receive and take out of all, every or any of the premises aforesaid or any part thereof, one annuity or yearly sum of fifteen pounds sterling, to be paid and payable to the said Prudence Trotter or her assigns during her natural life, provided that the term and interest in said premises so long continue, to be paid and payable by half-yearly payments - the first payment thereof to begin and to be made upon the first day of May or first day of November next after the death of the said Andrew Bracken; and in default of payment that it shall and may be lawful to and for the said Prudence or her assigns during her natural life, to resort to the premises aforesaid, and raise and levy the same by Distress and Sale of the goods found upon the premises as in such cases usual and lawful.

This property agreement is now an inheritance for Andrew & Prudence which they can dispose of in the future, to their own heirs as they see fit.

And upon this further trust, in case the said Andrew Bracken shall happen to have issue of his body begotten on the said Prudence Trotter his said intended wife, that then and in that case the said lands and premises granted by said Letters patent in the event of the said three hundred pounds sterling not being paid, and all and every other mentioned and described trusts, lands and premises to go to such issue, but with power and authority for the said Andrew Bracken by Deed or Will in writing to appoint and dispose of the same amongst such issue in such shares and proportions as he may think proper, and in the event of his not appointing , with a like power to the said Prudence, and for want of any such appointment by either, then to go to and amongst all the children being the Issue of said intended Marriage , share and share alike, as Tenants in Common not as joint tenants; and if only one child, the issue of said marriage, then to go to that one only child - and should there be no issue of said marriage, then to the right heirs of the aid Andrew Bracken, and moreover that the said Andrew Bracken, Prudence Trotter, Sarah Trotter and John Bracken, their Heirs, Executors, Administrators and Assigns shall and will from time to time, and at all time and times hereafter, make do and execute, or cause or procure to be made, done, and executed, all and every such further and other lawful and reasonable act and acts, thing and things, Conveyances, Assignments and Assurances in the law whatever, as well as for the law corroborating and strengthening of these presents, as also for the further better, conveying, assigning, assuring and confirming all and singular the hereinafter mentioned and intended to be hereby granted, released and assigned Freehold and Leasehold lands and premises but subject nevertheless to the use, Trusts, Indents, and purposes herein, and hereby respectively mentioned, expressed and declared. PROVIDED always, and it is hereby intended, agreed and declared by and between the parties to these presents that nothing herein contained shall in any manner affect the persons of properties of the said Edward Archdall, George Willis and Richard Bracken, their Heirs r Assigns touching or concerning the Trusts, Estates, Matters and things herein expressed and contained, save and except for their own, several and respective wilful interference or defaults; and that he or they shall be reimbursed out of all said Trusts, premises any or all Expenses that he or they may sustain, expend or be put to, on account of the execution and management of their respective Trusts.

IN WITNESS whereof the parties to these presents have hereunto put their hands and affixed their seals, the day and year first in the within the Deed Written.

Alexander Trotter (seal)

John Bracken (seal)

1. ↑ Both Long-Rob & Mullykevit are townlands side by side in the parish of Devenish, near Derrygonnelly and incidentally the Willis townlands of Drumskimley; Cosby Town & Ross Point )
2. ↑ the Eel Weir mentioned is at the water's edge of Lough Macnean on the boundary between Belcoo West & Tuam, at the junction of lake & river, as marked in the Griffith Valuations map of the area c.1862.
3. ↑ John Hassard of Tuam/Toam/Team) was the second son of Richard & Jane Hassard of Garden Hill and a descendant of William Hassard
4. ↑ see The London Gazette Pt:2 "The creditors of Owen Saunders formerly of Prospect in Barony of Lower Ormond (either Prospect East or Prospect West), then of Prior Park in the said Barony both in Tipperary, then of Gloucester Street in Dublin, afterwards in Ballinderry in the said Barony, all in Ireland, and late of Lambeth Road, Surrey"
5. ↑ The transcription reads the following information, which has all been crossed out "and situate and being in the Manor of Largey; Parish of Killesher and county Fermanagh bounded on the north by Carrickterrall on the south by Tawanakelly and Leegaslan on the east by Menragh, Legelagh and Lanless and on the west by Gartnabeg" note: the Manor of Largey, Antrim was created into the Manor of Cashel in 1684
6. ↑ 1862 Griffiths records Crosmurrin bounded by the Fermanagh townlands Aghnahoo, Cavanreagh, Clyhannagh, Coaghan, Killykeeghan & Tromogagh
7. ↑ 'Cestui que vie' is an individual who is the beneficiary of a trust or an insurance policy, with rights to property and the income and profits that the property provides.