i was sorry to miss the Gathering I think we all need to meet up sometime.
Some more random documents, these are closer to home for me...
Happy reading
John
Equity Exchequer Bill. New Record Court. Dublin.
22nd Feby 1736.
John Hyde. Plaintiff.
Dennis Dale and Mary his wife & others Defendants.
Recites Act 2nd Queen Anne prohibiting Papists from holding real estate, Recites that
Adam Colclough of Criggs, (Boley) County Wexford, married Mary Ford in the year
1720 and died in 1734, that Mary was at the time of her marriage, a Papist, and
continued so, and that she was now the wife of Dennis Dale, and prayed to be put
into possession of the property as a Protestant Discoverer.
Equity Exchequer Bill, New Records Court, Dublin.
Bill dated 1st Feby 1737
Patrick Colclough Plaintiff.
Caesar Colclough, Catherine Colclough, Garret Byrne and Frances Byrne otherwise
Colclough his wife, Thomas Colclough and Abraham Tobin, Executors of Adam
Colclough deed, and Christopher Ussher, Defendants.
Recites that Patrick Colclough is eldest son and heir of Adam Colclough of Kilteeley
(Boley) one of the younger brother's of Dudley Colclough of Mohurry. Recites Deed
of marriage settlement, between said Adam, and Margaret Masterson, said Patrick’s
mother, dated January 1701. Said Margaret died sometime in 1716, Adam died April
1735, leaving said Patrick, Catherine and Frances.
Equity Exchequer, Decree, in the above suit.
Dated 19th June, 1738.
Recites as above, and recites that Thomasina Masterston was widow of Richard
Masterson, and mother of Margaret Colclough (otherwise Masterson) and that
Thomas Masterson was said Margaret’s brother. Recites voluntary deed of 1st August
1717, made by Adam Colclough of Graige, and to which deed Caesar Colclough of
Rosegarland, and John Walsh of Monyseed, were parties. And decrees that said
Voluntary deed be set aside and that Plaintiff is entitled to a decree in the sum of
£500 under said settlement of 1701, with interest at 8 per cent and same to stand a
charge on the Manor of Tintern, the Estate of Defendant Caesar Colclough pursuant
to deed of 17th of March 1714, made by Margaret Pigott Colclough.
Equity Exchequer Bill, New Record Court, Dublin.
Bill Dated 12th September 1740.
James Duckitt. Plaintiff.
Dennis Dale & wife, Ford, Colclough, Tobin & others Defts.
Recites, Act 2nd Queen Anne, Recites marriage of Adam Colclough of Graige, and
Mary, daughter of Andrew Ford, of Ballyfad, County Wexford, and that there was
issue six children, four of whom were then dead, leaving a son and a daughter, viz.
Anthony and Mary still surviving and who are made parties to this suit. Recites that
Adam Colclough, Mary his wife, Patrick Colclough, (son by 1st wife) and Andrew Ford,
were, and are now Papists, and that Plaintiff is a Protestant discoverer, and claims
Estates.
Cause Papers, New Record Court.
Colclough v Sutton - Thomas Colclough dec’d, 17th Nov, 1741.
Order of Citation to William Sutton pretended Principal Creditor of Thomas
Colclough, late of Wexford dec’d, or Henry Constable Notary Public his Proctor, to
shew cause why administration to goods of said Thomas Colclough should not be
granted to Frances Colclough, widow and relict.
Equity Exchequer Bill, New Record Court, Dublin.
Bill filed 16th June 1742.
Caesar Colclough Plaintiff.
Abraham Tobin & others Defendants.
Recites that Frances, daughter of Adam Colclough, married Garrett Byrne of
Ballymannus, Co.Wicklow, and that Catherine, her sister, married Richard Power of
Forenaught, County Waterford, see E.E.Decree 27 Jany 1745.
Equity Exchequer Bill, New Record Court, Dublin.
Bill filed 14th April 1743,
Abraham Tobin Executor of Adam Colclough, Anthony Colclough, and Mary
Colclough, infants, plaintiffs.
Dennis Dale & wife, Richard Power & wife and several others Parties
Defendants.
Recites that said Tobin is surviving executor of Adam Colclough of Boley, dec’d,
recites that Anthony Colclough and Mary Colclough the surviving children of said
Adam by his second wife, are infants, that Adam was entitled to the Townsland of
Kilteeley and Duneen, under a lease from Dudley Colclough of Mohurry, said Adam’s
eldest brother, and dated in the year 1701, and also possessed of considerable
property and sums of money. Recites marriage of said Adam with Margaret
Masterson, and that there was issue of said marriage, Patrick, Richard, Catherine,
Frances and Thomasina, and that said first wife died in 1715, recites the voluntary
deed of gift, 6th August, 1717, recites that said Thomasina married 17th March 1724,
Anthony Doyle of Arklow, Merchant, without the consent and against the wishes of
her father. Recites that said Richard Colclough, died unmarried without issue, recites
that said Adam Colclough married secondly, in Jany 1720, Mary daughter of Andrew
Forde of Ballyfad, Co.Wexford and had issue by her six children, recites that said
Adam died 10th March 1734, recites several Bills previously filed in this matter,
recites that Thomas Colclough, the nephew of said Adam, and joint Executor, with
said Tobin, died in May 1741, recites that said Mary intermarried with said Dennis
Dale, shortly after the death of said Adam, recites death of four of the children of
said Adam by said Mary intestate and unmarried, recites that Catherine eldest
daughter of said Adam by first wife, married Richard Power and that Frances 2nd
daughter, married Garrett Byrne, recites that said Thomas Colclough died intestate
in Dublin, at the house of his brother Caesar Colclough, and that his widow Frances,
administered to his estate, and prays that said Anthony and Mary, may be declared
entitled to their proper share of their said father's effects.
Copied from Brief Colclough v Colclough,1865
Memorial Registered 14th July, 1744.
A Memorial of Articles of Agreements, bearing date the 23rd day of April 1744, made
between Caesar Colclough Esq. and Vesey Colclough Esq., his eldest son and heir
apparent, for the settling of the Estate of Mohurry and Tintern, in the County of
Wexford, and all their estate in this Kingdom of Ireland, raising money for the
discharge of debts due by said Caesar, securing proper provisions for the said
Caesar’s younger children, and also maintenance for the said Vesey Colclough, and it
is thereby agreed between them that fines and recoveries should then immediately
be levied and suffered of said estate,etc., see Act of Parliament, 1746.
Copied from Brief in Colclough v Colclough 1865.
Fine levied and Recovery Suffered, by Caesar Colclough Easter Term, 1744, of the
Tintern and Mohurry Estates, in pursuance of agreement between said Caesar and
his eldest son Vesey.
Note: these proceeding were vitiated, owing to the death of said Vesey while
matters were in progress.
Bermingham Tower, Castle, Dublin.
Heads of a Bill for relief of Creditors, and younger children of Caesar Colclough of
Mohurry and Tintern, Dated 1st January 1745, and for settling maintenance on Vesey
his grandson, recites names of younger children, see Act. 1746.
Equity Exchequer Decree, New Record Court, Dublin.
Dated 27th January 1745.
Dennis Dale and Mary his wife, Plaintiffs.
Abraham Tobin surviving executor of Adam Colclough dec’d, Anthony and Mary
Colclough, minors by their guardian the said Abraham Tobin, and Dominic Ford,
Defendants.
Recites that Plaintiff exhibited his Bill in the Exchequer 21st Feby 1736, therein
setting forth that said Adam did about the year 1720, and immediately previous with
his marriage with Mary daughter of Andrew Forde, execute an agreement that
within six months of said marriage he would execute marriage settlements, securing
his said wife in a jointure of £40 per annum, but that said promised settlement had
never been perfected; that said Adam, at the time of his said marriage, was
possessed of a large and considerable fortune. That said Adam executed his Will on
the 9th of Feby 1734 and died about the 10th of March, 1734. That said Adam left six
children by Plaintiff Mary, viz. Anthony, Mary, Caesar, Elinor, Adam, and Thomas,
and that four of the said children are since dead intestate, and under age, and that
plaintiffs claimed that their shares should be distributed amongst the two survivors.
That said Adam died possessed of a personal Estate in Chattel, interest, debts due to
him, ready money, goods, and other effects to the amount of £8,000, which or the
greater part thereof, had come into the hands of his executors, and that said Adam
had no real estate at time of said marriage or ever afterwards, on which to secure
the said Mary her said jointure of £40 per annum. And praying that so much of the
personal estate as was necessary, should be invested for that purpose; And also that
said Mary should be paid a legacy of £400 under said Adam’s Will, and also that
there should be a distribution of the residue, amongst said Mary and her two
surviving children.
Thomas Colclough and Abraham Tobin, executors of Adam Colclough, filed answers
on the 5th November, 1737, admitting the general correctness of said Bill, but that
the amount of effects was overstated, and denys that said plaintiffs, Dennis and
Mary, are entitled to a share in distribution of said effects, but that the whole
should be divided between the two surviving children, and quotes clause in said
Adam’s Will, leaving legacy of £400 to his widow if she did not marry again, and but
£300 if she did, and claimed that said legacy was in clear of said promised jointure of
£40 per annum, and denys the several charges of neglect and misappropriation, says
that said Adam had a lease for lives renewable, of the Townsland of Kiltyley and
Duneen, from his brother Dudley, and which was settled on issue of his first
marriage, and was then possessed by Patrick Colclough, eldest son of Adam, and that
said Adam has no other real estate, and produced schedules and Executors accounts
etc., And said Anthony and Mary by their Guardians, the executors, filed answer on
the 28th April 1738 (in effect the same as the previous one).
And the plaintiffs upon death of said Thomas Colclough, did in Hillary term 1741,
revive said Bill of 21st February 1736. Recites that Dominic Ford is administrator of
the Will of Andrew Ford, that said Thomas died intestate, and that administration
was granted to his widow Frances Colclough,
And said Frances filed answer 16th February 1742, and said Dominic filed answer 17th
February, 1742, and said Abraham Tobin and Anthony and Mary Colclough filed
answer 2nd July, 1743, and claim as offsets, certain sums paid by said Abraham
Tobin ”On account of Dyet, Lodging, Cloathing, and Schooling for said Defendants
Anthony and Mary, who since the death of said Thomas Colclough, had been left
destitute without the care or assistance of any of their said father’s friends or
relations”. Recites that Frances, widow of said Thomas, died in the latter end of the
year 1743. Decrees refers all matters to chief Remembrancer.
Copied Brief in Colclough v Colclough 1865.
Act of Irish Parliament, dated 4th April 1746.
Whereas Caesar Colclough was, on the 23rd day of April 1744, tenant for life of the
townsland, tenements and hereditaments hereinafter mentioned, that is to say
the townsland of Mohurry, Coolree, Wheelagoure, Rahenrocke, Colevane,
Culeneen, Kiltealy, Duneen, Knocknemilic, Curraduff, Cullintraby, Cullantramore,
three parts of Mangan, Tincurry, Ballibrien, Ballynemenanagh and Davidstown,
the one half of Ballylosky, the third part of Ballintrany, and Ballydorogh, the one
half of Shraghmore, and the third part of Templeshanbo, Kilroshe, half of
Rossard, the one half of Ballynabanogue, the one half of Ballynecullagh, the one
half of Moneyperson, Glaslasky, a third part of Ballyneverane, Mulbrany, the third
part of Rylane, Castlekirk, and Killmashill, the sixth part and another third part,
and the eleventh part of the said third part Annagh Tombrick, the one half of
Tomcurry, the one half of Knockduffe, Clonabrine, commonly reputed and known
by the name of Mocurry Estate. The Manor of Tintern, with the appurtenances
and the scite, circuit, ambit, and precinct of the Abbey, Monastery, and religious
house, of Tintern, the town, and lands of Tintern, CastleIsle, CastleMoraghoe,
alias Castleworkhouse, Newtown, Saltmills, Ballygarret, Cappaclanane, Gibstown,
Keerans, alias St.Keiran, Garrycullan, Tallaghe, St.Leonards ,Ballyhackby,
Curraghmore, Milltown, Rathumney, Dunmane, Ballyfleming, Ballytarsney,
Garryduff, Booley, Yoletown, Christown, Scartdown, alas Owenduffe,
Tobernasson, Gayneston, Kineagh, Coolerin, Ballycullan,Ballinrowan,Duraght,and
Priestown, Brandon,Ballycrosse, Pullinstown, Ballybought, Grange of Kilmore, &
Castletown, Banno with the Watercourse and Ferry, of Banno aforesaid, and
Castletown, Ballywilliam,Tithes of the parishes of Tintern and Clonmines, tythes of
the Island of Banno, tythes of Kilmore, tythes of St.Molines, in the County of
Catherlogh, Several houses and parcels of ground in or near Wexford, commonly
called the Tintern Estate, which said several towns, lands, tenements, and tythes,
are situated in the Counties of Wexford and Catherlagh, (of which said several
lands, tenements, and hereditaments are of the present clear yearly value of
£2,200, and will by the fall of leases, be nearly £1000 a year more in twelve years)
with remainder to Vesey Colclough Esq., eldest son of said Caesar, in tail male,
with several remainders over, under a Quadripartite deed of settlement, dated
the 10th day of March 1719, and made between the said Caesar Colclough of the
1st part. Margaret Pigott Colclough of Tintern, in the County of Wexford, widow,
since deceased, of the 2nd part, the Right Rev, Father in God, Sir Thomas Vesey,
Bart, Lord Bishop of Ossory, since deceased of the 3rd part, and Agmondisham
Vesey, of Lucan in the County of Dublin, since deceased, and Richard Le Hunt of
Artramon in the County Wexford, Esq., of the 4th part, upon the intermarriage of
the said Caesar with Frances Muschamp Vesey, since deceased, the daughter of
the said Lord Bishop, in which said deed is recited a deed of settlement of the
Mohurry estate, Tripartite and dated the 6th of March 1700, and made between
Dudley Colclough of Mohurry, in the County of Wexford Esq., since deceased, the
said Caesar's father, of the first part, Sir Thomas Butler of Garryhundon in the
County of Catherlogh, Bart, since deceased, and Nicholas Barnewall of Domicky, in
the County of Dublin Esq., since deceased of the 2nd part, and Robert Leigh, of
Rosegarland in the County of Wexford Esq., since deceased of the 3rd part: And
whereas by Articles of Settlement upon the intermarriage of the said Caesar with
his present wife, daughter of the said Agmondisham Vesey, and mother of said
Vesey Colclough, and dated the 18th of July 1721, the sum of £3,000 was provided
for the younger children of said Caesar, to be raised out of the towns and lands of
Lucan in the County of Dublin, and other the lands late the estate of the said
Agmondisham: And whereas the said Caesar Colclough and Vesey Colclough his
eldest son did, by certain articles dated the 23rd April 1744, agree to settle the
estates of Mohurry and Tintern, and all their estate in the said Counties of
Wexford and Catherlogh, to raise money for discharge of debts due from the said
Caesar, and to secure proper provisions for the said Caesar’s younger children,
and also a maintenance for the said Vesey, and to levy fines and to suffer
recoveries of the said Estate, in order to enable them to call in and receive the
said £3000 charged as aforesaid: And the said Caesar and Vesey did thereby
agree that the said sum of £3000 should be applied towards the discharge of the
said Caesar's debts, and to raise the sum of £6000, as a charge on the said Estates
of Mohurry and Tintern, for the said younger children of the said Caesar, to be
disposed of by the said Caesar and Vesey, in Lieu of the £3000 chargeable on the
estate on the said Agmondisham Vesey for the said children’s portions, and
further that some part of the said estate of Mohurry and Tintern should be
conveyed to trustees, to be to be applied for the discharge of the interest of the
said £6000, and for paying the said Vesey £250 a year and £100 immediately to
discharge the said Vesey’s particular debts, and the said Caesar and Vesey his son,
did by their said articles further agree settlement be made in proper form of their
whole estate, with power to be settled such jointure on any wife that Vesey
should marry, as the [said] Caesar and Vesey should appoint, and with remainders
as usual in family settlements, and with a power to the said Caesar and Vesey,
jointly to charge the said estates, with any sum or sums they should agree to
appoint, and whensoever the suit depending for recovery of Dunmain, between
the said Caesar and Aaron Lambert, or the said Caesar’s suit concerning the lands
of Rylane should be at an end, that the said Caesar should have by the said
intended settlements, a further yearly sum of £50 out of the lands when
recovered, and further that the said Vesey’s maintenance should commence from
the 1st May 1744, and should continue to said Vesey's marriage, and that upon
the said Vesey getting £10,000 or £12,000 portion with a wife, or such other sum
as the said Caesar and Vesey should agree to, the said Caesar and Vesey were to
enjoy the said whole estate by moities, and the said portion was to be in
discharge of the incumbrances affecting the estate, and it was further agreed
between them, that if the said £3000 should not be sufficient to discharge the
said Caesar's debts, and the said Vesey should join in raising more for that
purpose that then the said £50 a year, the addition to the said maintenance,
should be enlarged to a £100 a year; And whereas fines and recoveries were
levied and suffered in pursuance of the said articles, and the said Vesey soon after
intermarried without the consent of the said Caesar. And whereas, after the
marriage of the said Vesey, certain articles were entered into between the said
Caesar and Vesey, dated 17th January 1744 in pursuance of which a family
settlement was made, by which it was agreed, that the said Caesar give the said
Vesey £400 a year, out of such part of his estate as they should agree upon before
the execution of such settlement, and that the said Vesey should have power to
raise thereout £2000, for his sole and proper use, the interest whereof was to be
paid or the interest of the money for the use of said Caesar, and that the said
Vesey should have £300 a year, of the said £400 settled on him and his heirs, and
at his own disposal after the said Caesar's death and should have power to charge
the estate after the said Caesar’s death, with £3,000 for the provision of his
younger children, and a jointure of £400 a year for any wife, and to charge by will
the said £400 to be settled, with £3,000 for younger children, if the said Vesey
should die in the lifetime of said Caesar; And it was further agreed that the said
Vesey should join in raising £7000 for provisions for the said Caesar's younger
children, and also consent that the said Caesar should have the said £3000
secured upon the Lucan Estate, and should join the said Caesar in raising of £2000
on their estate at large, besides the £1000 already raised to be at the said
Caesar’s disposal, and that the said £7000 to be raised for the provision of the
said Caesar’s younger children should be disposed of amongst them, in such
manner as the said Caesar and Henrietta his wife, or the survivors of them should
appoint, and it was further agreed that upon perfection of a proper deed,
pursuant to this agreement, all the articles, of agreement before entered should
be cancelled, and that the said Caesar should give possession of lands, for the
payment of the interest of such sums as he should borrow upon a mortgage of
those lands. And whereas soon after the perfection of the said last recited
articles, the said Vesey Colclough came to the city of Dublin, with an intent to
have the said settlement drawn and perfected, but in a few days fell ill, and after
a very short illness, and before a settlement could be prepared pursuant to the
said articles, that the said Vesey died intestate, leaving his wife encient, who hath
lately been delivered of a son, named Vesey, so that the said articles could not be
carried into execution as was intended, to the great prejudice of said Vesey's
Family, as well as the said Caesar. And whereas Mary Colclough, widow and relict
of the said Vesey hath been appointed guardian by the Court of Chancery, to the
said Vesey her son, which said Vesey is left in a very destitute condition, and
without any manner of provision for his support by the death of his said father,
before the said last recited articles could be effectually carried into execution,
whereupon the said Caesar his grandfather, and the said Mary have come to an
agreement to make provisions for immediate support and education of said
Vesey, in manner hereinafter mentioned, that is to say-£130 a year until he is 13
years old, and £200 a year after until he is 21 years, and after that £400 a year
during the joint lives of the said Caesar and his grandson Vesey, and the said
Caesar has agreed to set out lands of greater yearly value than the said several
payments. And whereas the said Caesar hath four younger sons and six daughters
Agmondisham, Adam, Thomas, and Richard, Frances, Mary, Margaret, Harriet,
Anne, and Lora, for whom a very small provision is made by the said Caesar's
marriage settlement, and the said Caesar's debts which will not affect the said
real estate after the said Caesar's death, are computed to amount to £5000. And
whereas the said Caesar hath laid out and expended large sums of money upon
the lands and premises so settled, equal to the debts now owed by him and
thereby greatly improved the inheritance thereof in their annual value. And
whereas, the prosecution of a suit in equity, upon the said articles perfected by
the said Caesar and Vesey, in the names of the said Caesar's creditors, against
him, his wife, and all his children, and trustees in the said settlement, and against
the said Agmondisham Vesey, or those entitled to the said Lucan estate, which is
subject to the said £3000, and against the said posthumous child, would on
account of the number of parties and the minority of some of them, be very
tedious, and the circumstances of the said Caesar and his said creditors and
younger children require a speedy remedy. Wherefore the said Caesar Colclough
on behalf of himself and of his said creditors and younger children and Mary
Colclough, mother and guardian of said Vesey, on behalf of her said son, pray it
may be enacted. And be it enacted by the King’s most excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal and Commons in
the present Parliament assembled, and by the authority of the same that all the
said lands, tenements and hereditaments, hereinbefore expressed, with their
appurtenances, be from the 25th March 1746, vested in the actual sessions of
John Lyons, of the City of Dublin Esq., and William Bridges of Mount Fin, in the
County of Wexford, Esq., and their heirs, to the use, intents and purposes, herein
after mentioned, that is to say as to the towns and lands of Grange of Kilmore,
Ballyroan, and Kinnegh, of the clear yearly value £137-12-6 to the use of the said
Vesey Colclough during the joint lives of the said Caesar and Vesey, and to the
lands of Garrycullan and St. Keirans of the clear yearly value of £95-16-6 to the
use of the said Caesar for 13 years, from the 25th March 1746, and after expiration
of that term to the use of the said Vesey during the joint lives of the said Caesar
and his said grandson. And as to the towns and lands of St. Leonards, Ballyhackby,
Coolroe, Ballytarsney, Castletown and Ballybought otherwise Roestown, of the
clear yearly value of £175, to the use of the said Caesar for 21 years, from the 29th
September, 1745, and after the expiration of that term, to the use of said Vesey,
during the joint lives of the said Caesar and his grandson. And it is hereby
declared, that the rents issues, and profits of the said lands, shall and may be paid
to the said Mary Colclough while she shall continue guardian and to any other
guardian who may be hereafter appointed for the education and maintenance of
the said Vesey Colclough. And as to all and singular, the said other towns, lands,
tenements, and hereditaments, with their appurtenances, to the intent and
purpose that the said John Lyons and William Bridges and their heirs shall and
may by sale and sales and mortgage or mortgages of the same and, or competent
part thereof, levy and raise, (as soon as conveniently may be) in the first place
such sums of money as will be sufficient to defray the expense of passing this Act,
and also as much money as will pay the debts of the said Vesey, eldest son of the
said Caesar, so as the said Mary, widow of said Vesey, be entirely discharged
therefore, and not to exceed the sum of £400. And in the next place, to raise the
sum of £2000, to be paid by them unto John Jervaise White, of Ballyellis, County
Wexford Esq., his executors, and administrators upon trust, to apply the same in
discharge of such of the said Caesar's debts (which will not affect his real estate
after his death) as he the said Caesar shall by any deed or writing, or by his last
will, direct and may by sale etc., or mortgage of the residence of the said lands,
and or a competent part thereof, raise and levy the sum of £7000 for the younger
children, and when the said sums are raised, then the said trustees shall and may
by sale etc., or mortgage of the residue of the said lands etc., or competent part
thereof, raise and levy the sum of £7,000 for the said younger children, to be paid
and distributed amongst them, as the said Caesar and the said Henrietta, or the
survivor shall appoint. And after the payment of the said sums of £2000 and
£7000, and the expenses and debts aforesaid, and the payment of the aforesaid
rents, payable to the said Vesey, to the intent and purposes that the said trustees
etc., shall stand seized of such part of the said before mentioned lands etc., as
shall remain unsold, and the equity redemption of such part thereof as shall be
mortgaged, to the use of the said Caesar, for and during the term of his natural
life, and from and after his decease, to the use of such person or persons, for such
estates, trusts, and intents, as he or they are now entitled unto, freed and
discharged from any provision heretofore made or intended to be made for the
younger children of the said Caesar by the said settlement Articles or either of
them, or any other deed whatsoever, provided always, and be it enacted by the
authority aforesaid, that the said Caesar Colclough, shall pay and discharge all quit
rent and crown rents, and all debts, charges and encumbrances payable out of or
any way effecting the said lands and premises, or any part thereof, settled on the
said Vesey, or otherwise indemnify and save him harmless therefrom, so that he
the said Vesey may receive the full maintenance settled upon him as aforesaid,
provided also that the said Caesar shall and may settle such jointure or any other
after to be taken wife not exceeding £400 a year, and make such lease or leases of
all and every of the said lands, and premises not settled on the said Vesey for his
maintenance as aforesaid, and that shall not be sold for the purpose aforesaid,
not exceeding 31 years, or 3 lives in possession, and not in reversion, at the best
improved rent, without fines, as are agreeable to the powers reserved to him by
the said settlements. And be it enacted by the authority aforesaid that the said
£3000 secured on the said Lucan Estate, be paid unto said Caesar towards
discharging such of the said Caesar's debts which after his death are not to effect
his estate, and that the receipt of the said Caesar, his Executors or administrators
shall be a full & sufficient discharge for the same. And be it enacted by the
authority, aforesaid, that the said trustees, or either of them, their etc., shall not
be answerable for or chargeable with act or default of the other or others of
them, or for any further or other sums of money than what he or they shall etc.,
Saving unto the Kings most Excellent Majesty, his heirs and successors, and
persons bodies, corporate, and politic, other than the said Caesar Colclough and
the said younger children, and the said grandson of the said Caesar, all right, title
and claim to the said lands, tenements, and hereditaments rents payable thereof
and all mortgages, judgments, and other all encumbrances, charging the same,
anything herein contained to the contrary notwithstanding.
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