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Post Nuptial Settlement of Vesey Colclough, dated June 1767.
Registered, 7th July, 1767.
This Indenture made 13th June, 1767 between Vesey Colclough of Tintern Abbey, in the County Wexford Esq., and Catherine Colclough otherwise Grogan, his wife, of the first part; Henrietta Colclough, of the City of Dublin, widow and relict of Caesar Colclough late of Mocorry, in the County of Wexford, aforesaid Esq., deceased of the second part; John Carroll of the City of Dublin Gentleman, of the third part; The Rev. Thomas Colclough of Kilmagee in the County of Kildare, Clerk, of the fourth part; Agmondisham Vesey, of Lucan in the City of Dublin Esq., and Adam Colclough of Shroughmore in the County of Wexford aforesaid of the 5th part; John Grogan, of Johnstown, in the said Co. of Wexford Esq., and Cornelius Grogan, eldest son and heir apparent of the said John Grogan of the 6th part; and Sir Charles Bingham of Castlebar in the County of Mayo, Bart, and John Jervis Whyte, the elder, of Ballyillis in the said Co. of Wexford Esqr, of the 7th part. Witnesseth that for and in consideration of the marriage already had and solemnised between the said Vesey Colclough, and the said Catherine his wife, and for in consideration of the sum of £4,000,to the said Vesey Colclough in hand, paid on the perfection hereof by the said John Grogan, her father, in full of all and every portion and portions whatsoever, provided or intended for the said Catherine, as one of the younger children of the said John Grogan, by virtue of any article, or settlement whatsoever, or otherwise, the receipt and payment of which said sum of £4000, the said Vesey Colclough doeth hereby acknowledge, and thereof and every part thereof doeth acquit, release, and discharge the said John Grogan, his heirs, executors , administrators and assigns for ever, by these presents. And for settling upon, and making, and providing for the said Henrietta Colclough a competent jointure, and maintenance for her life, in lieu of all and every jointure, and claim and demand whatsoever, which the said Henrietta hath, or might have or claim against all, or any of the lands, tenements, hereditaments, hereinafter mentioned. And for providing and making a provision for the payment of the debts and incumbrances which now affect the lands, etc., And for providing a competent jointure and provision for the maintenance of the said Catherine Colclough in case she shall survive the said Vesey her husband. And for settling and assuring the Manor, lands, tenements, and hereditaments hereinafter mentioned, upon such trust, and to and for such intents and purposes and under and subject to such provisions, limitations and agreements, as are hereinafter mentioned, expressed and declared, of and concerning the same. And for and in consideration of the sum of 10/- sterling, to the said Vesey Colclough, in hand paid by the said John Carroll, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and for divers other good causes and considerations, him the said Vesey Colclough thereunto moving. And for and in consideration, of the annuity, yearly rent, or sum of £600 sterling hereinafter given and granted to and for the use of the said Henrietta Colclough for her life, in full of all jointure, dower, or thirds which she hath or claims, or might otherwise have or be entitled to, out of all or any of the lands, etc., hereinafter mentioned, by virtue of, or under any other deed, articles, or settlements whatsoever, for or on account of dower, or other demand whatsoever, they the said Vesey Colclough and Henrietta Colclough, have and each of them, according to their respective estates, right, titles, and interest, hath given, granted, bargained, and sold, released and confirmed, by these presents do, and each of them as aforesaid doeth give, grant, bargain, sell, release and confirm unto the said John Carroll (in his actual possession now being) by virtue of a bargain and sale to him thereof made, by the said Vesey Colclough, by his indenture bearing date, the day next before the day of the date of these presents, in consideration of 5/- for the term of one whole year, and by force of the statute for transferring uses into possession, and to his heirs and assigns. All that and those, the Manor of Tintern, with the appurtenances in the County Wexford, and the scite, circuit, ambite, and prescient of the dissolved Abbey, Monastery or religious House of Tintern, and the town and lands of Tintern, Castleisell, Castleworkhouse, Newtown, Saltmills, Ballygarret, Cappaclauane, Gibstown, St.Keirins, Garrycullan, Tallaghe, St.Leonards, Ballyhackby, Curraghmore, Miltown, Dunmain, Ballyfleming, Ballytarsney, Garryduff, Booley, Yoaltown, Cheristown, Scartdown otherwise Owenduffe, Tobernassen, Ganestown, Kinnagh, Cooleroe, Ballycullane, Ballingtown, Ballybought, Grange of Kilmore, Castletown, Bannow, Mocorry, Ballyinrock, Coolree, Coolevane, Wheelagour, Coolerin, Kiltealy, Duneen, Knocknemilll, Curraghduff, Tincurry, Ballybrine, Ballynemenanagh, Rossard, Glaslackin, Clonbrien, Keile, Mandoran, Bowlyusk, Keintighe, Tumona, Skahanah, Coolena, Coolacarney, and Ballynecoola, in the County Wexford aforesaid, and also two parks of land, one garden, twenty four Burgages, and the fourth part of a Burgage lying in St. Johns Street, in or near Wexford aforesaid, and also the fourth of the town and lands of Mangan, in the County of Wexford aforesaid. And one moiety of the town & land of Ballylosky, Shroughmore, Ballynecullagh, and Tomcurry, in the County of Wexford aforesaid, and one third part of the towns and land of Ballytrany, Ballydorrogh, Ballynevocrane, Rylanemore and Rylanebegg, otherwise Rylands, Castlekirk, and Killmeeshil in the County of Wexford, aforesaid and one sixth part of a third part of the said town and lands of Rylands, Castlekirk, and Killmeeshil, aforesaid. And the watercourse and ferry of Bannow in said County, and one yearly rent of £100 sterling issuing out of the town and lands of Moynart, and one chief rent of £40 sterling issuing out of the whole territory of the Duffry in said County, and also one other chief rent of £1 sterling issuing out of St. Johns street in the town of Wexford, and one other yearly rent of £1 sterling, issuing out of the village and lands of Coolbeck, and Ballywilliam otherwise Ballylean, and one other yearly rent of 5/stg issuing out of the rectory church or Chapel of Killay, in said County, and also the Rectories and Churches of Tintern, St.Keiran, St.Leonards, Nashe, Owenduff, Dunmane, Coolemane, Kinnagh, Bannow, and Kilmore in that said County. and also the great and small tithes of Tintern, St.Keirans, St.Leonards, Nashe, Owenduff, Dunmane, Clonmaine, Kineagh, Bannow, and Kilmore, in the said County, and all that and those, the Rectories of the church of St.Molins, and all the tithes great and small issuing, and growing, and renewing out of the town and land of St.Molins, in the County of Catherlagh, together with all and singular the right members, and appurtenances to the said manor, town, lands, tenements, rents, tithes, hereditaments, and premises belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits of the said manor, townsland, tenements, rents tythes, hereditaments, and premises herein before mentioned, to be hereby granted and released, and of every of them and of every part and parcel thereof, and of all the estate, right, title, interest, trust, property, profit, claim, challenge, and demand whatsoever, of them the said Vesey and Henrietta Colclough, of in, to, or out of, the manor, towns etc., to have and to hold, all and singular, the said manor, towns etc., unto him the said John Carroll, his heirs and assigns for ever, to such uses, upon each trust, and to and for such intents and purposes, and under and subject to such provisos limitations and agreements as are hereinafter limited, expressed and declared of and concerning the same and to no other use, intent or purpose whatsoever. That is to say, as to certain parts of the lands and estates (named and described) to secure an Annuity of £600 to Henrietta Colclough, for life in favour of Dower, with powers of distress and entry on non payment. And as to the said Manor, and all and singular, other said towns, lands etc., to the use and behoof of the said Vesey Colclough, and his assigns for the term of his life, without impeachment of waste, and with full liberty to commit? waste, (note: this last clause he certainly carried out B.H.C.), and after the death of said Vesey, to the intent that Catherine Colclough should receive an annuity of £500 for her life in bar of Dower . Then to the use of and behoof of Caesar Colclough, only son of said Vesey and Catherine his wife, and the heirs male of his body, and for default of such issue, then to the use and behoof of the 2nd, 3rd, 4th, and every other the son and sons of the body of the said Vesey, on the body of the said Catherine his wife, to be begotten, severally, successively, and in remainder one after an other, as they and every of them shall be in seniority of age and priority of birth, and of the several and respective heirs male, of the body and bodies, of all and every such son and sons lawfully issuing, the elder of such sons, and the heirs male of his body issuing, being always preferred, and to take before the younger of such son and sons, and the heirs male of his and their body and bodies issuing, and for default of such issue, then to the use and behoof of the said Vesey Colclough, his heirs and assigns for ever. Declarations of trusts, first, to secure said Henrietta and said Catherine in their annuities, then in trust for raising a sum of £3000, for said Vesey, to be at his disposal by any writing under his hand, or by his Will, and also if said trustees thought fit, for raising the further sum of £3000,for said Vesey Colclough, and also out of rents to pay the interest of the incumbrances then affecting the premises, and also the interest of the said sums of £3000, and also, by sale or mortgage, of said premises comprised in said term, to raise money to pay off the several incumbrances, then affecting the premises, Trustees receipts to purchasers to be valid and sufficient, and with a clause of indemnity to trustees, and a power to charge the Estate with a sum not exceeding £10,000, as portion and portions for younger children. Clause conferring a leasing power on said Vesey, with covenant to levy a fine, and suffer a recovery for the uses and purposes aforesaid, with covenant for further assurance.
Vesey Colclough. Catherine Colclough. Henrietta Colclough. John Carroll. Thomas Colclough. Adam Colclough. John Grogan. Witnesses present. Alexander Hutcheson, Andrew Galbraith, Garrett Drake.
