, dsp Protestant No. 148390 Power & Wife & others To Lynch & others Regrd. The 17th day of Nov. 1763 at 6 o'clock in the after noon To the Register (sic) appointed by Act of Parliament for Registering Deeds Wills Conveyances & so forth in Ireland A Memorial of an Indented Deed of Release bearing date the Twelfth day of August One thousand and seven hundred and fifty five (August 12, 1755) and made between Joseph Power of Rathruddy (same spelling in all 3 versions) in the County of Galway Gent. and Julian Power otherwise Blake his wife of the first hand Thomas Lynch the Younger of Ballintawa (Version 2 & 3) (or Ballintava -- Version 1) in the said County of Galway Gentleman eldest son and heir of Mary Lynch otherwise Power lately deceased by Thomas Lynch the Elder of Ballintawa (see variants above) of the said County of Galway Gent. of the second part The said Thomas Lynch the Elder of the third part and Robert Ormsby of Ballymoneen (same spelling in all 3 versions) in said County of Galway Gent. Of the fourth part Whereas Anthony Power late of Rathruddy Gentleman died some time in the year one thousand seven hundred and fifty one (1751) without issue seized in tail male the reversion in fee simple of the lands of Rathruddy aforesaid and all the lands of Gortnamanagh and Viirgable/Veirgable (Veirgable/Viirgable is only mentioned in Version 3) (of the lands of Rathruddy aforesaid as also the lands of Cahirnamuck Gortnamanagh and Lisgub (Lisgubb -- Version 2) in the County of Galway aforesaid and of the lands of Breaghvyorlare (Versions 2 & 3) (Breaghyerlare - version 1) in the County of Mayo And Whereas the said Mary Lynch and Brigett Blake otherwise Power lately deceased the mother of the said Julian Power were the sisters of the said Anthony Power and the said Julian Power and Thomas Lynch the Younger are now heirs at law to the said Anthony Power and upon the decease of the said Anthony Power several disputes arose between the said Joseph Power and the said Thomas Lynch the Elder the said Mary his wife and the said Thomas Lynch the Younger concerning the personal estate of the said Anthony Power and a will alleged to have been made by him of the lands and premises aforesaid and a suit concerning the said will was instituted and carried on in his Majesty's High Court of Chancery and Court of Prerogative in this Kingdom and another suit concerning the lands and premises aforesaid was instituted and carried on in the said Court of Chancery by and in the name of the said Thomas Lynch the Elder the said Mary Lynch and the said Thomas Lynch the Younger then a minor by Alexander Lynch his Guardian and next friend against the said Joseph Power and others And Whereas the said Anthony Power was a Protestant and the said Mary was a Papist and the said Thomas Lynch the Younger being a Protestant and having attained the age of 21 years and claiming one moiety of the lands and premises aforesaid as one of the heirs of the said Anthony Power the said Joseph Power and the said Thomas Lynch the Younger entered into Indented article of agreement bearing date the twenty third day of November one thousand seven hundred and fifty four (November 23, 1754) with the consent and approbation of the said Thomas Lynch the Elder for the final settlement of all disputes between them whereby the said Joseph Power and Thomas Lynch the Younger covenanted granted and agreed to and with each other that a Probate of the said will should be granted to the said Joseph Power without prejudice to the said Mary Lynch and the said Thomas Lynch the Younger's title to an undivided moiety of the lands and premises aforesaid and that they should forthwith possess and enjoy the same and receive and have a moiety of the rents revenues and profits of the said lands from the first of said month of November acquitted exonerated and discharged of all and any title whatsoever which the said Joseph Power had or might claim by or under the said will alleged by him to have been made by the said Anthony Power notwithstanding the consent for proving the same and that freed exonerated and discharged off and from the said will and off and from all debts charges and incumberances (sic) whatsoever on that or any other account save only the sum of three hundred pounds (300) principal money together with the interest and costs due thereon to Patrick Dillon gentleman to one moiety whereof the said Joseph Power's moiety of the said lands should be subject and the other moiety of the said lands to be subject to the other moiety of the said debt the said debt having been contracted by the said Anthony Power And Whereas it was further covenanted and agreed in and by the said indented articles by and between the said parties thereto that the said several lands should on or before the first of May then next ensuing be divided in quantity and quality by two surveyors and proper lines of division struck by distinct Marks and Bounds according to the Course of Partition and that the moiety and division which should fall or come to the said Joseph Power should stand exonerated and discharged of all claims debts charges incumberances and demands whatsoever which the said Thomas Lynch the Elder in right of the said Mary or the said Mary or the said Thomas Lynch the Younger might claim or be entitled unto on account of the Mosne/Mesne (?) rates of the said moiety of the said lands and premises aforesaid the said Joseph Power having secured the sum of two hundred (200) pounds to the said Thomas Lynch the Elder in discharge of all demands on that account of the of the moiety of the said lands which the said Thomas Lynch the Younger claimed to be entitled to and then agreed to be given up to him as also in full of all demands which the said Thomas Lynch the Elder and Mary his wife or either of them claimed demanded for or on account of the said Mary's Marriage or Child's portion and cost and all other demands whatsoever except a moiety of the said debt due to the said Patrick Dillon and that the said Joseph Power and Thomas Lynch the Younger should on or before the first day of April then next ensuing execute or cause to be executed in due form of law proper and legal conveyances to each other of the aforesaid lands and premises so as the moiety which the said Thomas Lynch the Younger and the said Mary his mother or either of them claimed to be entitled to and then agreed to be given up to the said Thomas Lynch the Younger should be and Enure (sic) to the said Thomas Lynch the Younger his heirs and assigns for ever according to the (incomprehensible) intent and meaning of the said articles with such Certaintys and warrantys as the Council learned in the law of the said Thomas Lynch the Younger should reasonably devise or advise and that the said Julian Power should joyn (sic) the said Joseph Power in such assurances or conveyances as Council should think necessary whether by deed or other necessary act or matter of law for confirming and ratifying the said Moiety of the said lands and premises to the said Thomas Lynch the Younger his heirs and assigns for ever as by the said articles relation being thereunto had may appear (sic for the whole passage in versions 2 & 3) And Whereas the said Joseph Power before the said articles were executed had made leases of the said lands of Breaghvyorlare and Lisgub (sic - Versions 2 & 3) whereof nine years were then unexpired and that it was agreed by and between the said parties to the said articles that the said leases of the said lands should be ratified and made good to the tenants thereof And Whereas a survey and division hath been lately made of the said lands and premises aforesaid pursuant to the said indented articles and map thereof drawn with lines of division therein inserted which said Maps are annexed to said deed of Release and the said Joseph Power and Thomas Lynch the Younger have drawn lots for their shares and Divisions of the said lands and the East Division of the said lands of Rathruddy and the East Division of Gahirnamuck and the West Division of the lands of Gortnemanagh and the South Division of the said lands of Lisgub (version 2 &3 and Lisgubb version 1) and North Division of the said lands of Breaghvyorlare and in the said maps set out bounded and described have fallen to the lott (sic) of the said Thomas Lynch the Younger and West Division of the said lands of Rathruddy and the West Division of the said lands of Gahirnamuck and East Division of the lands of Gortnemanagh and the North Division of the said lands of Lisgub and the South Division of the said lands of Breaghvyorlare as in the said maps bounded and described have fallen to the lot of the said Joseph Power By which indented Deed of Release the said Joseph Power and Thomas Lynch the Younger by and with the consent of the said Thomas Lynch the Elder and in pursuance of the said indented articles made a full and absolute partition of the lands and premises aforesaid in manner following (that is to say) that the said Joseph Power his heirs and assigns shall have hold and enjoy to the use him his heirs and assigns for ever such part of said lands and premises which have fallen to his lot as aforesaid and for his full share and proportion of said lands and premises and that the said Thomas Lynch the Younger his heirs and assigns shall have hold and enjoy to the use him his heirs and assigns for ever the said several shares and divisions of the said lands and premises aforesaid which have fallen to his lot for his full part share and proportion of the said lands and premises and the said Joseph Power and Julian Power his wife in further pursuance and execution of said recited articles and in consideration of the sum of ten (10) shillings to them in hand paid by the said Thomas Lynch the Younger at and before the sealing and delivery of the said indented Deed of Release the receipt whereof is thereby acknowledged have granted bargained sold released and confirmed unto the said Thomas Lynch the Younger as his full part and proportion of the said lands and premises as the same are set out bounded and described in a map to said Deed of Release annexed and all the estate right title and interest to whatsoever in Law or Equity of the said Joseph Power or of Julian Power or of either of them of in or to the same to hold to him the said Thomas Lynch the Younger his heirs and assigns forever And the said Joseph Power doth for himself his heirs and assigns covenant and agree to and with the said Thomas Lynch the Younger his heirs and assigns that notwithstanding any fact matter or thing done by he said Joseph Power and Julian his wife or either of them they or one of them hath good right full power and authority to grant and release the said shares and Divisions of the lands and premises aforesaid unto the said Thomas Lynch the Younger his heirs and assigns for ever And that the said Thomas Lynch his heirs and assigns shall at all times hereafter peaceably and quietly hold and enjoy the shares and Divisions of the lands and premises aforesaid so allotted and assigned to him with the appurtenances without the Set suit troubles hindrance interruption Eviction or Disturbance of the said Joseph Power and Julian his wife or of either of them they or either of their heirs or assigns or of any one person or persons whatsoever freed and discharged of and from all and all manner of other gifts grants Leases jointures dowers extents judgment debts charges and incumbrances (sic) whatsoever had made done commited (sic) or suffered by the said Joseph Power and Julian his wife or either of them or either of them save only the said leases made by the said Joseph Power of the lands of Breaghvyorlare and Lisgib (Version 3 and Version 2) And that the said Joseph Power his heirs executors administrators and assigns shall save the said Thomas Lynch the Younger his heirs and harmless of and from one moiety of the said Patrick Dillon's debt which by said release is agreed to be charged upon the said Joseph Power's shares and proportion of the said premises so allotted and laid out for him as aforesaid And that the said Joseph Power and Julian his wife their and each of their heirs and all and every other person and persons lawfully claiming any estate or interest of in or to the said premises so allotted and assigned to the said Thomas Lynch the Younger by from or under the said Joseph Power and Julian his wife or either of them the present leases of the said lands of Breaghvyorlare and Lisgub (Versions 2 & 3) excepted shall and will from time to time hereafter at the reasonable request of the said Thomas Lynch the Younger his heirs and assigns and at his and their proper costs and charges in the Law make design make do seal and execute all such further lawfull (sic) and reasonable act and acts thing and things Device and Devices Conveyances and assurances in the Law for the better granting and conveying unto the said Thomas Lynch his heirs and assigns the said allotted and assigned shares and Divisions of the said lands and premises to the only proper use and behoof (sic) of the said Thomas Lynch the Younger his heirs and assigns for ever according to the true intent and meaning of the said Deed of Release And it is by said Deed further covenanted and agreed upon by and between the said parties that the said fine or fines so to be levied as aforesaid and all and every other fine or fines Common recovery or recoverys (sic) assurance and assurances Conveyance & Conveyances in the law already had made levyed (sic) and suffered executed and acknowledged or at any time hereafter to be had made leveyed suffered executed and acknowledged by the various parties to the said Deed of Release or any of them of the said shares and Divisions of the said lands & so allotted and assigned to the said Thomas Lynch the Younger as aforesaid shall be an enure (sic) and shall be judged and deemed to be and enure (sic) to and for the only proper use and behoof of the said Thomas Lynch the Younger his heirs and assigns for ever according to the true intent and meaning of said Deed of Release and to and for no other use intent or purposed whatsoever And the said Thomas Lynch the Younger in further pursuance and Execution of the said recited Articles and for as in consideration of the sum of Ten (10) shillings paid to him in hand by the said Joseph Power at and before the Ensealing and delivery of the said Deed of Release the receipt whereof is thereby acknowledged and of the Covenant therein mentioned on the part of the Joseph Power and Julian his wife and Each of them to be performed Hath for himself his heirs Executors Administrators and assigns Covenanted granted and agreed to and with the said Joseph Power his xxxx (sic) heirs and assigns that he and they shall have hold and enjoy his and their shares and proportions of said lands and premises as herein before mentioned to his and their only and proper use and benefit and behoof forever notwithstanding any act matter or thing heretofore done by the said Thomas Lynch to the contrary and that all fine or fines recovery or recoverys which shall or may be levied or suffered or any other act matter or thing which the said Thomas Lynch shall do or cause to be done Touching or Concerning the said Joseph Power and Julian his wife's share or proportion of the said lands and premises shall be and enure to the sole benefit and behalf of the said Joseph Power his xxxx (sic) heirs and assigns forever which said Deed of Release witnessed by Alexander Lynch Edmund Kelly (of Cahirdangen in the County of Galway Gent. - version 1) Thomas Lynch and Hyacinth Burke of Ballybroder in the County of Galway Gent. And this memorial is witnessed by said Hyacinth Burke and by Joseph Sherrett/Skerrett (?) of the City of Dublin Gent. The above named Hyacinth Burke maketh oath that he is a subscribing witness and did see the Deed of which the above writing is a Memorial duly Executed by the above Joseph Power his wife Thomas Lynch the Younger and Robert Ormesby and that is also a subscribing witness to and did see the above named Thomas Lynch duly sign and seal the above Memorial and that the name Hyacinth Burke (Hyacinth Daly - version 2) subscribed as a witness to said Deed and above Memorial is Dep(one)nt's proper handwriting and that he delivered the said Deed and Memorial to Mr. William Hall Deputy Register at the Register Office at the Castle Yard Dublin on the 17th day of November 1763 at or near six of the clock in the after Noon of the said date to be registered. Hyacinth Burke Sworn before me (signature) William Hall Dep. Regr. Version No. 1 is a much shorter document and the only significant departure from versions 2 & 3 lies in the date on which Thomas Lynch delivered the so-called Memorial of an Indented Deed of Partition to the Deputy Registrar at Dublin Castle. It was on the 20th of June 1759 and the document was handed to James Saunders Gent., who was also "Dep. Regr. at the Castle of Dublin" "at or near eleven o'clock in the forenoon of the same day."