Transcript of entry 532585 at Page 450 in Book 787 at the Registry of Deeds, Dublin

 

450

532585

Smith & Smith's Marr Arts

 

Regd 31st

Oct 1825

half past 2

o clock

 

To the Register appointed by the Act of Parliament for registering deeds leases and so forth. 

A Memorandum of an Indented deed of Marriage settlet bearing date the twenty sixth day of October one thousand eight hundred and five and made between

Fade Smith of Boningstown in the County of Westmeath Esquire of the one part

John Smith of Boningstown aforesaid Esquire the only son of said Fade Smith of the second part

John Bomford of Stonehall in the said County Esquire and Elizabeth Bomford one of the daughters of said John Bomford of the third part and

Thomas Hutchinson Smith now of Bennison Lodge in said County Esquire and Oliver Bomford of Stonehall aforesaid esquire of the fourth part 

Whereby after reciting that a deed of settlement bearing date on or about twenty eighth of January one thousand seven hundred and sixty nine made upon the inter marriage of said Fade Smith with Elinor Smith otherwise Motby his late wife since deceased a sum of three thousand pounds was vested in John Stear[?] and John Kelly trustees therein named their Execs [executors] and admors [administrators] and assigns upon trust to pay the interest thereof to said Fiade Smith for life and in case said Elinor should survive said Fade having issue that then and in such case the said John Stear and John Kelly their Exors and admors should pay such yearly interest to said Elinor and that they should pay such principal sum of three thousand pounds to such child or children of the said Faide Smith and Elinor his wife who should attain the age of twenty one years or be married in such shares and proportions as the said Fade Smith by his deed or last will should direct and appoint

and that said John Kelly died several years ago and said John Stear survived him and since also died and that William Henry Finlay since deceased the acting Exor of said John Stear did with the approbation of said Faide and Elinor lend and advance to the Honorable William Westly Pole of Ballyfin in the Queens County Esquire the sum of two thousand pounds as part of said trust Fund for the securing whereof the said William Westley Pole and Richard then Earl of Mornington now the Marquis of Wellesley executed their Joint and several bond with warrant for Judgement bearing date on or about ninth of July one thousand seven hundred and ninety four with penal sum of four thousand pounds [inserted] conditional for payment of sd sum of £2000 with interest [inserted] with interest

over which bond two separate Judgements were obtained against the said William Wesley Pole and Richard Earl of Mornington in the Court of Common Pleas in Ireland each for the sum of four thousand pounds sterling debt besides costs

And that a marriage was shortly intended to be had and solemnized between the said John Smith and the said Elizabeth Bomford

and said Fade Smith in order to make aforesaid provision for said John Smith had in pursuance of the powers so vested in him by said recited settlement agreed to order direct and appoint that the sum of five hundred pounds part of said principal sum of three thousand pounds so as aforesaid secured by said recited Bond and Judgements together with the interest hereafter to grow due thereon shall go and be paid to said John Smith and his assigns as therein after mentioned

the said Faide Smith in pursuance and execution of said agreement and in pursuance of the aforesaid power and of all of the power in him in any way vested did grant limit order and appoint the sum of five hundred pounds part of said sum of two thousand pounds unto the said John Smith his Exors admors and assigns as his and their own goods and chattles forever

and the said John Smith in consideration of said intended marriage and of a sum of four hundred pounds to him in hand paid by said John Bomford as and for the marriage portion of the said Elizabeth and in order to secure the said sum of five hundred pounds part of said two thousand pounds for said Elizabeth in case he [sic] should survive the said John and for the issue of said intended marriage

did grant bargain sell assign transfer and makeover the said last mentioned sum of five hundred pounds so to him limitted and appointed by the said Fiade unto the said Thomas Hutchinson Smyth and Oliver Bomford  To have take and receive the same and all principal interest and cost to grow due thereon to the said Thomas Hutchinson Smyth and Oliver Bomford and the survivor of them his Exors admors and assigns upon the trusts and for the purposes therein mentioned

and which said deed is witnessed by Ezekiel Gibson and William Somerset

and this Memorial is witnessed by Ezekiel Gibson and Robert Patterson. 

John Smyth |seal|

Signed and sealed in presence of E. Gibson. Robt Patterson. 

The above named Ezekiel Gibson maketh oath and saith that his subscribing witness to the deed of which the above writing is a memorial and also to said meml and saith he saw said deed duly executed by the therein named Fiade Smith John Smith John Bomford Bess Smith Thos H Smyth and Oliver Bomford and this Memorial by the said John Smyth ..

E Gibson -

Sworn before me at Ballyconnell in the County of Cavan  this 18th day of April 1823 by virtue of a common lome[?] directed and I know the Deponent. 

Edward Whitley.   

(a true copy J Hughes)

 

[Note: the spelling of Fiade, Fade, Faide, or possibly Gade is not clear in the original handwriting.  The ornate F has a downstroke on its right hand side, and sometimes there is a hint of a dot above the word, possibly a dotted i.  In the word that appears to be Fund, the F has no such downstroke:

           .

Some of the Smiths seem to have changed the spelling of their name to Smyth; and Elizabeth Bomford is referred to as Bess Smith at the end.]