Smithwick Genealogy

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Memorial No. 523460, 1 Mar 1822



Source Information

  • Short Title Memorial No. 523460, 1 Mar 1822 
    Publisher Registry of Deeds, Ireland 
    Source ID S99 
    Text [Cover]
    20W after 11
    4th June 1822

    [Memorial]
    To the Register appointed by Act of Parliament for Registering Deeds, Conveyances and So Forth

    A Memorial of an Indented Deed of Settlement bearing date the first day of March, one thousand, eight hundred and twenty two Made Between Peter Smithwick of Suirville in the County of Tipperary Esquire and Peter Smithwick the Younger Esquire eldest son of the said Peter Smithwick the Elder of the first part, Robert Smithwick of Wilton, in the County of Limerick Esquire, and Rebecca Smithwick spinster, Second Daughter of the said Robert Smithwick of the second part, William Smithwick of Wilton aforesaid Esq. and George Evans of the City of Cashel Esq. of the third part, The Revd. George Smithwick of Fallagh in the City of Waterford Clerk, and Peter Smithwick of Barnlough in the City of Tippy. Esq. of the fourth part, and Richard Devereux of Fallagh aforesaid Esq. and William Quatrine of the City of Limerick Esq. Medicine Doctor of the fifth part, Whereby after reciting that a Marriage was Intended to be shortly had and Solemnized between the said Peter Smithwick the Younger, And the Said Rebecca Smithwick, and reciting also that the said Peter Smithwick the Elder was seized for a term of Three Lives, with a Covenant for perpetual Renewal, of all That and those the Lands of Ballycarron commonly called or Known by the name of Suirville, situate in the Barony of Clanwilliam and County of Tipperary, subject to the yearly rent of Sixty pounds Sterling, and reciting also that the said Peter Smithwick was also seized in his Domesne as of fee, of all That and Those the Lands of Athassallabby, situate in the Barony of Clanwilliam and County aforesaid, and being so seized by a certain Deed of Settlement which was entered into and duly executed on or previous to the Intermarriage of said Peter Smithwick the Elder, with Mary Glison, otherwise Smithwick his present Wife, bearing date on or about the Sixteenth day of February, one thousand, seven hundred, and ninety, made or mentioned to be made between the said Peter Smithwick the elder of the first part, Mary Glison Spinster, and Elizabeth Glison Widow, Mother of the said Mary both then of the City of Dublin of the second part, and Michael Marshall Apjohn of Linfield, in the County of Limerick Esquire, and Samuel Bradshaw of Golden Garden, in the County of Tipperary Esquire of the third part, he the said Peter Smithwick, in consideration of his said then intended Marriage with the said Mary, and for the other Considerations in the said Deed mentioned, did grant release and confirm unto the said Michael Marshall Apjohn, and Samuel Bradshaw, all That and Those the aforesaid several Farms Towns and Lands of Ballycarron, and Athasselabby, to the several uses, intents, and purposes in the said recited Deed of Settlement, and herein after mentioned (that is to say) to the use of the said Peter Smithwick the Elder for life, remainder to Trustees to support contingent remainders, and from and immediately after the decease of the said Peter Smithwick the Elder, then to the use intent and purpose of securing unto the said Mary Glison, and her assigns, during the term of her Natural Life, an Annuity or yearly Sum of Fifty pounds, or One Hundred pounds Sterling, as the case might happen, on the Contingencies in the said Deed mentioned, as and for her Jointure, and subject thereto, and to a certain trust term of Ninety nine years thereby also limited for the better securing the payment of the said Jointure, then as to for and concerning the several Lands and premises with the appurtenances To the use and behoof of all and every, or such one or more of the children of said Peter Smithwick, on the Body of the said Mary to be begotten, and for such Estate, and Estates, and in such parts, and proportions, manner, and form, with or without power of Revocation, as he the said Peter Smithwick should at any time or times during his life, by any Deed, or Deeds, writing or writings under his hand and Seal, attested by two or more Credible Witnesses, or by his last will and Testament in Writing to be signed sealed and published in the presence of Three Credible Witnesses, direct limit or appoint, as by said recited Indenture of Settlement may amongst other things appear, and reciting also that the Marriage between the said Peter Smithwick the elder and Mary Glison, shortly after took effect, and there was issue living of said Marriage, two sons and one Daughter, namely the said Peter Smithwick the younger (party hereto of their Eldest son), the Reverend George Smithwick, and Elizabeth Smithwick, and reciting also that on the Treaty of said Intended Marriage between the same Peter Smithwick the younger, and the said Rebecca Smithwick, he the said Robert Smithwick Father to the said Rebecca, had agreed to pay and secure the sum of One thousand, five hundred pounds sterling, as and for the Marriage Portion of his Daughter, to be forthwith applied in the payment of a certain Mortgage debt of the same amount, charged upon the aforesaid several Lands and Premises and due and payable to John Smithwick of Lacken, in the said County of Tipperary Esquire, and reciting also, that in consideration of said Marriange, and of the Marriage portion of her the said Rebecca, he the said Peter Smithwick the elder, had proposed and agreed to settle in immediate possession on his said son Peter Smithwick the younger, Twenty acres, part of the aforesaid Town and Lands of Ballycarron otherwise Suirville, herein after more particularly described and mentioned, free from all Head rent or other outgoing whatsoever, together also with that part of the aforesaid Lands of Athassallabby containing one hundred and five acres or thereabouts to then in the possession of Edmond Dwyer and his undertenants, the said Lands of Athassallabby containing one hundred and forty acres or thereabouts, plantation measure (be the same more or less) and then in the possession of the said Peter Smithwick the elder should be settled and conveyed to such use upon such trusts and to and for such intents and purposes as are in the said Deed and herein after mentioned and declared of and concerning the same, It is therefore Witnessed by the said Deed of Settlement whereof this is a Memorial, that in pursuance of said Agreement, and for the considerations in said Deed mentioned, he the said Peter Smithwick the elder, in pursuance of the said recited Deed of Settlement so Entered into on his Intermarriage as aforesaid, and of all powers and authorities whatsoever him thereunto in any wise enabling, did direct limit and appoint the said several Lands of Ballycarron, otherwise Suirville, and Athassallabby to the said Peter Smithwick the younger, To hold the same to the said Peter Smithwick the younger, his Heirs, and assigns, and the said Peter Smithwick the elder and Peter Smithwick the younger, did by the said Deed whereof this is a Memorial, according to their Respective Rights, and Interests, grant release and confirm to the said William Smithwick and George Evans all that and Those the aforesaid Towns and Lands of Ballycarron otherwise Suirville, in the said recited Indenture of Lease, and herein before particularly mentioned, containing in the whole, one Hundred and sixty acres, or thereabouts, plantation measure (be the same more or less) as also all that aforesaid part of the Town and Lands of Athassallabby containing by common Estimation one Hundred, and five acres, or thereabouts, plantation measure (be the same more or less) in the possession of Edmond Dwyer, and his undertenants, which said several Lands and premises are situate lying and being in the Barony of Clanwilliam, in the County of Tipperary aforesaid, To Hold the said granted released and assigned premises, with their, and every of their appurtenances (that is to say) the Lands of Athassallabby to the said William Smithwick and George Evans, their Heirs, and assigns for Ever, and as to the said Lands of Ballycarron otherwise Suirville unto the said William Smithwick and George Evans, their Heris, and assigns, for and during the Natural Life and Lives of the several present Cestuiqueries and the survivors, and longest liver of them, and for and during the Natural Life and Lives of all and every such other person and persons as should from time to time successively, and for Ever thereafter, be added and Inserted in the place and stead of the said respective Lives, pursuant to the covenant for perpetual renewal contained in the Lease, or renewal, under which said Lands are held, upon such trusts nevertheless, and to and for such uses intents and purposes, as are in the said Deed, and herein after mentioned and declared of and concerning the same (that is to say) as to for and Concerning that part of the aforesaid Lands of Athassallabby, containing one Hundred and five acres or thereabouts, then in the possession of the said Edmond Dwyer, and his undertenants, as also the aforesaid Lands of Ballycarron, otherwise Suirville, with their and every of their appurtenances, to the use of the said Peter Smithwick the elder, and his Heirs until the Solemnization of said Marriage, and from and immediately after the Solemnization thereof to the use of the said George Smithwick and Peter Smithwick and the survivor of them, his Executors, and Administrators for the term of Ninety Nine years, for the purpose of raising any such sum not exceeding Five Hundred Pounds Sterling as a portion for the said Elizabeth Smithwick the Daughter of the said Peter Smithwick the elder as he should by Deed or Will appoint, and subject to the said term, then as to for and concerning that aforesaid part of the Lands of Athassallabby, containing one Hundred and five acres or thereabouts, as also that aforesaid part of the Lands of Ballycarron otherwise Suirville containing Twenty acres or thereabouts then in the possession of the said Peter Smithwick the younger and bounded as in the said Deed particularly mentioned, after payment of all head rents and renewal fines and performance of Covenants affecting said Lands, to the use and behoof of the said Peter Smithwick the younger for life, remainder to Trustees to support contingent remainders, and from and after the decease of the said Peter Smithwick the younger to the intent and purpose of serving to the said Rebecca Smithwick and her assigns, during the term of her Natural life, a Jointure or yearly sum of one hundred and thirty pounds sterling, in bar of Dower and thirds, with remedies for enforcing payment thereof, and as to for and concerning all the rest and residue fo the said Lands of Ballycarron otherwise Suirville containing one hundred and forty acres, or thereabouts, then in the possession of the said Peter Smithwick the elder, upon trust after payment of the rent and renewal fines payable thereout, in the first instance to make good and satisfy the aforesaid Jointure herein before provided for the said Rebecca Smithwick provided however that the aforesaid part of the Lands of Athassallabby, containing one hundred and five acres, or thereabouts, and that aforesaid part of the said Lands of Ballycarron, otherwise Suirville, containing Twenty acres, or thereabouts, should be first resorted to for that purpose and subject as aforesaid then as to for and concerning all and singular the aforesaid part of the Lands of Ballycarron otherwise Suirville containing one hundred and forty acres or thereabouts with the appurtenances, to the use and behoof of the said Peter Smithwick the elder for life, remainder to the said Peter Smithwick the younger for life, and from and immediately after, then as to for and concerning all and singular the entire of the aforesaid Towns and Lands of Ballycarron, otherwise Suirville, containing in the whole one Hundred and sixty acres, or thereabouts, and also all that aforesaid part of the Lands of Athassallabby, containing one hundred, and five acres, or thereabouts, with their and every of their appurtenances to the use of the said Richard Devereux and William Keating, their Executors, Administrators and assigns for the term of Five hundred years which said Term was thereby declared to be in trust for raising a Sum of Three Thousand Pounds Sterling as and for the portion and portions of all and every the younger Child or Children of the said Peter Smithwick the younger, by the said Rebecca his intended Wife, to be begotten, and subject to said term, then as to the said several Lands and premises, to the use and behoof of the first and every other son of the said Intended Marriage in tail Male successively, and in default of such issue, to the use and behoof of the said Peter Smithwick the younger, his Heirs, and assigns for Ever, in which said Deed is contained a power of preferring a younger son to the Eldest son of said Marriage , and also a power to the said Peter Smithwick the younger of charging the said Lands with any Sum not exceeding one Hundred pounds Sterling per Annum, for any after taken Wife, and also Children he may have by any after taken Wife, which said deed contains other terms and covenants, and the said Deed was duly Executed by the said Peter Smithwick the Elder in the presence of and is Witnessed by Joseph Robbins and George Robbins, both of the County of Tipperary Esq. and the said deed and to the Execution thereof by the said Robert Smithwick, Rebecca Anne Smithwick, and the Reverend George Smithwick resp'ly is Witnessed by Robt. Smithwick the younger of Wilton in the Cty. of Tipperary Esq. and Peter Smithwick M.D. of Wilton aforesaid Esq. and this Mem'l as to the Execution thereof by the said Peter Smithwick and Robt. Smithwick, resp'ly is also witnessed by the said Robt. Smithwick and Peter Smithwick hereto -

    Peter Smithwick [signed and sealed]
    Robt. Smithwick [signed and sealed]

    Signed and Sealed by the above named
    Peter Smithwick the Elder, in presence of us {

    Joseph Robbins [signed]
    George Robbins [signed]

    Signed and Sealed in presence of us by the
    above named Robt. Smithwick the Elder, and
    Peter Smithwick -

    Robt. Smithwick Junior [signed]
    Peter Smithwick MD [signed]

    The above named Robert Smithwick the Younger aged upwards
    of Twenty years maketh oath and saith that he is a subscribing Witness to
    the Original Deed where of the above is a Memorial and also to the said
    Memorial Saith he saw the said Deed duly executed by the above named Robert
    Smithwick the Elder, Rebecca Anne Smithwick and the Reverend George Smithwick
    respectively the perfecting parties thereto Saidth he also saw the said Memorial duly
    executed by the said Peter Smithwick the elder and Robert Smithwick the elder respectively
    the perfecting parties there to and saith that the named Robert Smithwick the younger
    so subscribed as a Witness to the said Deed and Memorial respectively is this Deponent's
    proper name and handwriting -

    Robert Smithwick Junior [signature]

    Sworn before me at the City of Limerick this 3rd day of June 1822 in
    Comt of his Majestie's Court of Common Pleas in Ireland after taking Appts in
    said City and I know the deponent-

    Danl. Gabbett [signature]
     
    Linked to Elizabeth
    Gleeson
    Mary Gleeson
    Elizabeth Smithwick
    Rev. George Smithwick
    Peter Smithwick
    Family: Gleeson / Elizabeth
    Family: Peter Smithwick / Mary Gleeson