1828 Registry of Deeds reference for Owen (Charles) McCarthy regarding his premises located in the west end of Main street, (Market Square)

A nice find from the Registry of Deeds Cork Land Indices 1833–1835 for a lease dated 1st August 1828 concerning several premises in the lands of Dunmanway North, within the parish of Fanlobbus, from Sackville H. Cox and others to Andrew Hamilton, for the lives of Edward, James and Henry Atkins, and for 1000 years in reversion after the death of the survivor, at a yearly rent of £12 18s. 6d. sterling.

Figure 1. The Cox-Hamilton lease found in the Registry of Deeds Land Indices registered between the years 1833–1835 for townlands starting with the letter ‘D’ within the East* division of East Carbury, in the County of Cork. *Dunmanway is in the West division of East Carbury, so potentially a clerical misaddress in the entry.

Contained in this lease is the name of the tenant Owen McCarthy for a dwelling, offices, and garden located on Main street, west end, which is now addressed the Market Square.

“All that and those the dwelling house, back houses, back yard and kitchen garden behind the same with the appurtenances and according to the then present measures [sic] and bounds thereof as therein the Tenancy and occupation of Owen McCarthy”1

Figure 2. The first premises listed in the memorial of an indenture of lease is a reference to the existing tenant and occupier, my ancestor Owen Charles McCarthy. [Click the image to enlarge.]

On closer examination, this individual Owen is my 4 x great grand-uncle Owen Charles McCarthy and the premises is the family home place.

From what I have been informed, Owen Charles signed a 180-year lease for the premises earlier in that very same year of 1828. Before seeing this registered lease, I had always worked off the expectation that Owen Charles had signed his property agreement with the Hamilton family and not the Coxes, as it now appears to be the case. Unfortunately if a Cox-McCarthy lease was drawn up, a corresponding memorial has not been found within the Registry of Deeds, nor is it in our family’s possession. However, what has occurred on the basis of this new Cox-Hamilton indenture, is that Andrew Hamilton has now become the principle tenant for the property.

Twelve houses are recorded in the 1828 Cox and Others to Hamilton lease. These are detailed within the text, which is outlined in full as follows:

To the Register appointed by Act of Parliament for the Registering Deeds, Wills, Conveyances, and so forth, a memorial of an Indentured of Lease bearing the date the first day of August in the year one thousand eight hundred and twenty eight between Sackville Hamilton Cox, Alexander James Cox, William John Cox, all of the Manor House in the County of Cork and Henry Wellesley [sic] Cox then of America Esqrs and Martha Deane Cox, Mary Cox, Catherine Ann Cox and Arabella Dorothea Cox all of the Manor House aforesaid Spinsters of the one part and Andrew Hamilton of Dunmanway in the said County of Cork Gentleman Testified by the said Sackville Hamilton Cox having signed the name and affixed the seal of the said Henry W. Cox as an executing party to the perfection thereof and a power of Attorney from the said Henry to him the said Sackville for that purpose as therein mentioned of the other part the said Lessors did for the considerations therein mentioned grant demise and let unto the said Andrew Hamilton

All that and those the dwelling house, back houses, back yard and kitchen garden behind the same with the appurtenances and according to the then present measures [sic] and bounds thereof as therein the Tenancy and occupation of Owen McCarthy, as also

All that and those the dwelling house, and kitchen garden situate in the Main street of Dunmanway afsd with the appurtenances then occupied by George Beamish Weaver, as also,

All that and those the dwelling house with the appurtenances then occupied by Mrs Gary [sic], next Mrs Herlihys then dwelling house, as also

All that and those the Lot of Ground whereon five dwelling houses were theretofore [sic] built and erected by the said Andrew Hamilton with the appurtenances bounded on the West by the Widow Atkins then holdings on the South by the Dirty River and on the North by the Main street of Dunmanway afsd, as also

All that and those the lots or [sic] tenements with the appurtenances situate in the West End of the Green of Dunmanway afsd, containing in front sixty feet and in depth from front to rear one hundred and sixty feet be the same more or less bounded on the East by Jeremiah Lynch’s then holdings, on the North partly by Mr Jagoe’s then holdings, and partly by the field in the possession of the said Andrew Hamilton, on the South by Daniel Donovan’s then holdings, and on the West by Mr Jagoe’s then holdings, as also,

All that and those the dwelling, back yard and kitchen garden behind the same with the appurtenances and according to the then present measures and bounds thereof as then in the tenancy and occupation of James Bournes situate in Dunmanway afs, as also

All that and those the dwelling house back yard and garden behind the same with the appurtenances and according to then present measures and bounds thereof as  theretofore in possession of James Stewart and then in the tenancy and occupation of Mrs King, and her under tenants situate as therein mentioned

To Hold unto the said Andrew Hamilton, his Heirs, Executors Administers and Assigns from the day of the date thereof for and during the natural lives and life of Edward Atkins, James Atkins, and Henry Atkins, all sons of Henry Atkins of Dunmanway afsd, Shopkeeper, and the survivor and for the term of one thousand years in reversion to commence and be computed [sic] from and immediately after the day of the death of the such [sic] survivor and from thence forth to be fully completed and ended [sic] In his the said Lessors possession then being by virtue of a Lease for a year as therein mentioned at and the subject to the yearly rent or [sic] sum of twelve pounds, eighteen shillings, and six pence sterling payable by equal half yearly, payment on every twenty ninth day of September and every Twenty fifth day of March in each and every year during the term thereby granted as by the said in part recited Indentures of Lease containing other conveyances and clauses relation being thereto had may [sic] more fully appear the execution of which said in part recited Indenture of Lease by the said Lessors and Lessee as therein mentioned Respectfully is witnessed by Francis Fitzmaurice Gent and Thomas Bryan shopkeeper, both of Dunmanway afsd in the County of Cork and the execution of this memorial thereof by the said Andrew Hamilton is witnessed by the said Francis Fitzmaurice, and by Henry Fitzmaurice of Dunmanway afsGent Andrew Hamilton (Seal) signed and sealed in the presence of Francis Fitzmaurice, Henry Fitzmaurice. Now the above name Francis Fitzmaurice of Dunmanway in the Co of Cork Gent aged twenty four years and upwards maketh oath & saith that he his deponent is a subscribing witness to the original Indenture of Lease of which the foregoing is a memorial and saw the same duly signed and sealed & executed by the respective Lessors and Lessees in manner in manner as therein mentioned Depsaith he is also a subscribing witness to this memorial thereof & saw the same duly signed, sealed & executed by the said Andew Hamilton Deponent further saith that the several and respective tenements and premises in the said Indenture of Lease & this memorial Resply [sic] mentioned are situate in the Parish of Fanlobbus in the Barony of Carbery and County of Cork afsd and saith that the name Francis Fitzmaurice swore before me at Dunmanway in the Co of Cork this  30th day of June 1834 by virtue of a Commission forth of his Majesty’s Court of Exchequer in Ireland to me directed for taking Affidavits for said Court in the said County and I know the Desponent William Wright Commissioner. A True Copy.2

Landed Estates Court

The information from the 1828 Cox-Hamilton lease agreement is captured 30 years later within the sale of the Cox estates on November 12th, 1858 conducted through the Landed Estates Court.

Figure 3. Title page from the 1858 Landed Estates Court auction catalogue compiled for the sale of the estate of Martha Deane Cox, Katherine Anne Cox, and Sackville Hamilton Cox, who were the owners of the land about the town of Dunmanway. The aforementioned 1828 Cox-Hamilton lease is included within this sale. [Click the image to enlarge.]

A total of  twelve houses are listed for the tenant John Hamilton, Esq., representative of Andrew Hamilton, at the original agreed yearly rent of £12 18s. 6d. sterling, paid on the Gale days of 25th March and 29th September.

Figure 4. This insightful 1858 map from the Landed Estates Court auction catalogue for the sale of the Cox estate graphically captures all in one the properties which Andrew Hamilton leased from the Cox family in 1828. [Click the image to enlarge.]

Figure 5. A detail from the 1858 Landed Estates Court map. Owen Charles McCarthy held tenancy and occupation of the premises number 102 (highlighted) prior to the 1828 Cox-Hamilton lease agreement.

Figure 6. The page from the 1858 Landed Estates Court auction catalogue summarising the aforementioned 1828 Cox-Hamilton lease included within this sale under Lot No. 5. [Click the image to enlarge.]

Figure 7. A total of twelve houses are listed over six premises (nos 53, 102, 151, 152, 153 and 188) available to purchase in the 1858 Estate sale. [Click the image to enlarge.]

Who purchased the lease under this Lot No. 5 is something that I am curious to find out. It may very well have been the Hamilton family in an attempt to buy out their 1828 Cox lease agreement.

addendum

Based on a subsequent phone discussion with my father about the 1828 Cox-Hamilton lease found within the Registry of Deeds, I was told that the freehold for the property was purchased by himself a number of years back. From what I understand, the purchase included the very same 1000 year Cox-Hamilton indenture. I am now curious to confirm if this is the case and will look up the property’s papers the next time I am in west Cork.

References

TEXT

  1. Genealogical Society of Utah. (1951). Registry of Deeds (Main Author). Transcripts of Memorials of Deeds, Conveyances and Wills. 1834. Vol 19. p 403. Church of Jesus Christ of Latter-day Saints. Salt Lake City, Utah.
  2. Genealogical Society of Utah. (1951). Registry of Deeds (Main Author). Transcripts of Memorials of Deeds, Conveyances and Wills. 1834. Vol 19. p 403. Church of Jesus Christ of Latter-day Saints. Salt Lake City, Utah.

Images

  1. Genealogical Society of Utah. (1951). Registry of Deeds (Main Author). Land index: Clare, Cork 1833–1835. Vol 137. p.131. Church of Jesus Christ of Latter-day Saints. Salt Lake City, Utah.
  2. Genealogical Society of Utah. (1951). Registry of Deeds (Main Author). Transcripts of Memorials of Deeds, Conveyances and Wills. 1834. Vol 19. p 403. Church of Jesus Christ of Latter-day Saints. Salt Lake City, Utah.
  3. Findmypast, IIMI Inc and brightsolid online publishing (Ireland) Ltd. (n.d.). Sale of Encumbered Estates, Auction Catalogue, Cox, 1858. Landed Estates Court Rentals 1850-1885. Retrieved from findmypast.ie
  4. Findmypast, IIMI Inc and brightsolid online publishing (Ireland) Ltd. (n.d.). Sale of Encumbered Estates, Auction Catalogue, Cox, 1858. Landed Estates Court Rentals 1850-1885. Retrieved from findmypast.ie
  5. Findmypast, IIMI Inc and brightsolid online publishing (Ireland) Ltd. (n.d.). Sale of Encumbered Estates, Auction Catalogue, Cox, 1858. Landed Estates Court Rentals 1850-1885. Retrieved from findmypast.ie
  6. Findmypast, IIMI Inc and brightsolid online publishing (Ireland) Ltd. (n.d.). Sale of Encumbered Estates, Auction Catalogue, Cox, 1858. Landed Estates Court Rentals 1850-1885. Retrieved from findmypast.ie
  7. Findmypast, IIMI Inc and brightsolid online publishing (Ireland) Ltd. (n.d.). Sale of Encumbered Estates, Auction Catalogue, Cox, 1858. Landed Estates Court Rentals 1850-1885. Retrieved from findmypast.ie

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