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Section 17
Ireland
Appendix to section 17.A
The 1740 Deed of Partition
Transcript by D W Brush. The text is a continuous string but I have divided it here into paragraphs and emboldend text simply for readability. My notes are in italics
A Memorial of articles of agreement made concluded & agreed upon by and between
John Brush of Killrush and County of Meath Gent
James Brush of Dromore and County of Downe [?Clke?] {signifying clergyman?]
and Crean Brush of Omagh and County of Tyrone Gent
this seventeenth day of June one thousand seven hundred and forty
which said articles are in the words following that is to say
Whereas Mr Crean Brush of Dromore aforesaid Gent father to the aforesaid John James and Crean Brush was seized and [possessed?] of the Town and Lands of Darkmoney near Omagh subject to a Chiefry [presumably a Chief Rent] of twelve pounds per annum and a large Tenemt near the Court House of Omagh aforesaid subject to a Chiefry of one pound six shillings and eight pence per annum in Fee Simple or some other tenure for ever
and Whereas [?sd ?] [said}Lands and Tenements stand mortgaged to said John Brush for the sum of Two hundred and Twenty Six Pounds [??]shillings [???]and interest and arrears of interest
and Whereas said Crean Brush Senr of Dromore is indebted to the heirs of James Anderson of Derry in the [??] sum of Thirteen pounds or thereabouts with interest
and Whereas the said John Brush James Brush and Crean Brush of Omagh parties to these presents have had severall Claims Titles Deeds and properties in and to the said Town Land of Darkmoney and Tenement in Omagh as Joynt and Legal proprietors of the Reversion thereof subject to a maintenance for their Father [?sd?] Crean Brush of Dromore and fortune {fortune - a synonym for marriage portion/dowry} or marriage portion for their sister Catherine Brush over and above the aforesd incumbrances
Now this present instrument witnesseth that by and with the consent of said Crean Brush of Dromore and Catherine his daughter now had the aforesaid Tenement in Omagh shall be imediately repaired [aly?] {? at the ?} common expence of said John Brush James Brush and Crean Brush of Omagh and after repairing sold to the fairest bidder and the money arising by such sale to be paid to John Brush in part of the aforesaid mortgage money and that the parcell of land Land {sic - duplication at page break} in Darkmoney now in the immediate occupation of Crean Brush of Omagh also that [???] parcell of land called the Dam Hills possessed by Thomas Mitchell and his undertenants as Lett apart to go with the other and the Park possessed by Robt Long estimated in the whole forty four acres one Rood and seventeen perches more or less computed to be one third part of the aforesaid whole Town Land of Darkmoney shall be and is hereby deemed made and confirmed the sole property of said John Brush his heirs and assigns for ever clear of any Demand or Claim whatsoever by sd James Brush and said Crean Brush of Omagh their heirs or assigns or any persons pretending to Derive under them
provided always that said John Brush shall pay one third part of the aforesaid Debt of Thirteen pounds and Interest to Andersons heirs and shall pay to said Crean Brush of Dromore {i.e Crane senior, father of the three brothers} by two equall payments in every year the sum of Six pounds thirteen shillings and four pence [????] yearly during said Creans natural life the lands subject to Distress for the same { I think this should be read as if the words "the lands subject to Distress for the same" were in brackets} to commence from the Twenty ninth day of September next and shall pay to said Catherine his sister the sum of fifty pounds [ster?]{sterling?}at the said Twenty ninth day of September next or Legal Interest from that Date to the day of Payment and also the said third part is subject and Lyable to the one third part of the Chief rent which is four pounds per annum and said John to pay one third of the expence of makeing out proper Titles in the law and that the