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Deciphering legal language of old deeds/probates

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  • 16-02-2014 12:31pm
    #1
    Registered Users Posts: 9


    Hi there

    I am currently researching the Wheeler family of Mullingar, and have come across some interesting entries in the Registry of Deeds of which i have received hard copies. Trouble is, no one seems able to give me a straight answer as to the exact meaning/purpose of the entries. They appear to be marriage related contracts but the persons involved in the marriage (family name Gifford) are mentioned along with a James/John Wheeler and also a Bryan/Bernard Wheeler despite no obvious connection between the families.

    Has anyone had any success in deciphering these old documents and if so can you suggest anyone who can help?

    Many thanks in advance


Comments

  • Closed Accounts Posts: 470 ✭✭CeannRua


    gwheels wrote: »
    Hi there

    I am currently researching the Wheeler family of Mullingar, and have come across some interesting entries in the Registry of Deeds of which i have received hard copies. Trouble is, no one seems able to give me a straight answer as to the exact meaning/purpose of the entries. They appear to be marriage related contracts but the persons involved in the marriage (family name Gifford) are mentioned along with a James/John Wheeler and also a Bryan/Bernard Wheeler despite no obvious connection between the families.

    Has anyone had any success in deciphering these old documents and if so can you suggest anyone who can help?

    Many thanks in advance

    Best if you link to entry or scan one of the documents. It might be a marriage settlement and the unrelated names might be those of trustees. There's normally a relationship of some sort though. Marriage settlements are normally of predictable structure.


  • Moderators, Society & Culture Moderators Posts: 6,620 Mod ✭✭✭✭pinkypinky


    Sometimes they will be trustees of land that the family has an interest in.

    Genealogy Forum Mod



  • Registered Users Posts: 9 gwheels


    Hi there

    Thanks for all the info, having just read this for the 100th time i still cannot make head nor tail of it!

    The two Wheeler persons involved (James & Bryan) are listed as being from the "City of Dublin" with several townslands locally here in Westmeath listed within the deed. I have found however that James/John & Bryan/Bernard interchange quite frequently and variations of both pop up quite frequently in my family tree.

    Especially interesting is that a "rectory of Kilbride" is mentioned which i think is a very old graveyard and ruins of a Protestant church also known as Kilbride Veston outside Dunboden Manor, near Rochfortbridge within which I found last year a very large and impressive ancient family grave holding a James & Bryan Wheeler along with other direct ancestors of mine. I might add that our Wheeler family branch has been Catholic as far back as I can research ie pre-1800. Hopefully there is a connection with this document and our family but whatever it is i cannot for the life of me fathom!

    Also of note is a deed registering a lease in 1859 with Wheelers mentioned; http://www.bomford.net/IrishBomfords/Chapters/Chapter16/deeds/deed_1859_37_180.htm

    If anyone can recommend anything to allow me to dig a bit deeper i would appreciate it greatly.

    Note: Coincidentally, the last De Profundis Stone in the country can be found just outside the Kilbride-Veston graveyard gate; http://www.megalithicmonumentsofireland.com/COUNTIES/WESTMEATH/TheDeProfundisStone.html


  • Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    What I’ve found useful in making sense of these old deeds is to type them out word by word without trying to ascertain the overall meaning and then to read the finished document.

    A quick look at the first document you posted shows that it is a deed of annuity.
    It was made between John Amit and two Wheelers, James and his son Ryan (not Bryan) , both of Dublin, James being described as ‘Gent’ from which I would infer he’s a landowner.

    John Amit held under a marriage deed of settlement dated 8/8/1822 an undivided fifth part or share of the tithes lands an premises described therein; also possessed of 3 ½ % government stock in the amount of £2,424 and also had lands in Meath and Kildare as a result of the death of Sir John Gifford, uncle of Eliza Amit. James Wheeler contracted and agreed with John Amit for the purchase of an annuity of £90 chargeable on ... (probably the assets already mentioned above, they should be detailed on the next page.)


  • Registered Users Posts: 9 gwheels


    Thanks for the typing tip pedroeibar1 that could help quite a lot along with all the other info you have provided! Can you explain what exactly a Deed of Annuity is?

    Ryan & Bryan are interchanged quite a bit i have found also. In the main document attached "Ryan" is henceforth called Bryan throughout and the family grave holds a Bryan. Bryan was born March 1799 to James Wheeler & Mary MaGan (who were married June 1798, 9 months previous)

    Also, the Gifford family are listed as patrons of the Kilbride-Veston in the "Topographical Dictionary of Ireland 1837" which adds to the intrigue some what.

    I think I have exhausted all local & known online sources to search further back than 1760 or so, has anyone any suggestions as to the best way to search prior to 1800?


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  • Closed Accounts Posts: 470 ✭✭CeannRua


    gwheels wrote: »
    Hi there

    Thanks for all the info, having just read this for the 100th time i still cannot make head nor tail of it!

    The two Wheeler persons involved (James & Bryan) are listed as being from the "City of Dublin" with several townslands locally here in Westmeath listed within the deed. I have found however that James/John & Bryan/Bernard interchange quite frequently and variations of both pop up quite frequently in my family tree.

    Especially interesting is that a "rectory of Kilbride" is mentioned which i think is a very old graveyard and ruins of a Protestant church also known as Kilbride Veston outside Dunboden Manor, near Rochfortbridge within which I found last year a very large and impressive ancient family grave holding a James & Bryan Wheeler along with other direct ancestors of mine. I might add that our Wheeler family branch has been Catholic as far back as I can research ie pre-1800. Hopefully there is a connection with this document and our family but whatever it is i cannot for the life of me fathom!

    Also of note is a deed registering a lease in 1859 with Wheelers mentioned; http://www.bomford.net/IrishBomfords/Chapters/Chapter16/deeds/deed_1859_37_180.htm

    If anyone can recommend anything to allow me to dig a bit deeper i would appreciate it greatly.

    Note: Coincidentally, the last De Profundis Stone in the country can be found just outside the Kilbride-Veston graveyard gate; http://www.megalithicmonumentsofireland.com/COUNTIES/WESTMEATH/TheDeProfundisStone.html

    Page 2 is a bit awkward so I didn't read the whole thing. Basically though, it looks like what is happening is that James Wheeler pays the sum of £790 to John Armit. In turn, Armit gives James Wheeler an annuity of £90 he is entitled to. An annuity is a yearly payment. Wheeler gets the annuity for the lifetime of Armit.

    The marriage settlement has nothing to do with the Wheelers. It is the marriage settlement of John Armit and Eliza Gifford. They married in 1822 (ref www.irishgenealogy.ie).

    The Armits and Wheelers may not be related at all. This may just be a straightforward business transaction.

    I don't know that Ryan and Bryan are interchangeable. I'd say it might just be a mistake. I think the marriage settlement is given two different dates as well.


  • Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    Annuities are legal contracts whereby in consideration of (usually) a single payment the payer in return receives an annual sum. The single payment can be a lump sum (e.g. on maturity of a life policy the proceeds can be ‘sold’ to a company that promises to pay a fixed amount annually) or can involve payment from income obtained from land or investments (e.g. eldest son inherits the family estate on the death of his father with a condition that he pays an annuity of £x to his mother/unmarried sisters for their lifetimes). This latter case had a serious impact on the old estates in Ireland when their income dropped and they could not service their debts. Hence the ‘Encumbered Estates’ Courts.

    The documents also are interesting because income from tithes is quoted and the Tithe Wars started just a few years later.


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