Marriage Settlement of John Knox McClintock & Amy Henrietta Eccles

26 April 1893

Cropped Verified Transcription

THIS INDENTURE made the Twenty-sixth day of April One thousand eight hundred and ninety-three

BETWEEN

John Knox McClintock of Seskinore in the County of Tyrone a Captain in the 4th Battalion of the Royal Inniskilling Fusiliers and a Deputy Lieutenant for the said County of the first part

Amy Henrietta Eccles of Ecclesville in the County of Tyrone Spinster an Infant of the age of 19 years of the second part

Edward Charles Thompson of Omagh in the County of Tyrone Esquire Surgeon and Charles Murray Alexander of Termon in the said County of Tyrone a Lieutenant Colonel in the said 4th Battalion Royal Inniskilling Fusiliers of the third part

and Henry George Samuel Alexander of Caledon in the said County of Tyrone a Major in the said Royal Inniskilling Fusiliers and Hubert Victor McClintock of Seskinore in the said County of Tyrone Esquire of the fourth part

WHEREAS a marriage is intended to be shortly solemnized between the said John Knox McClintock and the said Amy Henrietta Eccles

AND WHEREAS the said John Knox McClintock under and by virtue of a Settlement dated the 8th day of November in the year 1860 and made between George Perry McClintock of the first part Dorothea McClintock of the second part the said Dorothea McClintock and William Knox of the third part the Reverend Samuel Alexander of the fourth part Amelia Harriett McClintock otherwise Alexander of the fifth part Claude Houston and George Robert Beresford of the sixth part George Augustus Jocelyn McClintock and Adam Murray of the seventh part and Francis Ellis and James Murray of the eighth part

being the settlement executed pursuant to articles upon the marriage of his father and mother became on the death of his father entitled to the lands and hereditaments hereinafter granted as tenant in tail male subject to the Mansion House and that part of the demesne lands of Mullaghmore containing 10 acres Irish Plantation Measure therein mentioned to the life estate of his grandmother Dorothea McClintock therein and subject as to all said lands to the charges mentioned in the first part of the first Schedule hereto

AND WHEREAS by Indenture bearing even date with these presents and made between the said John Knox McClintock of the first part the said Dorothea McClintock of the second part and Edward Thomas Stapleton of the third part and which Indenture is intended to be enrolled in the High Court of Justice Chancery Division as a disentailing assurance the said John Knox McClintock has conveyed all the said lands and hereditaments settled by the said recited Indenture or Settlement of the 8th day of November 1860 and of all other (if any) the freehold hereditaments now subject either at law or in equity to the uses of the same Settlement unto the said Edward Thomas Stapleton in fee simple to the use of the said John Knox McClintock in fee simple

AND WHEREAS the said Amy Henrietta Eccles is a Ward of the Chancery Division of the High Court of Justice in Ireland and is possessed of considerable property in lands and money which it is intended shall be settled by an Indenture of even date herewith expressed to be made between the said John Knox McClintock of the first part the said Amy Henrietta Eccles of the second part Edward Charles Thompson and Charles Murray Alexander of the third part and Henry George Samuel Alexander and Hubert Victor McClintock of the fourth part with the sanction and approval of the Lord Chancellor of Ireland as appears by an Order of His Lordship made on the 19th day of April 1893 in the matter of Amy Henrietta Eccles Rose Isabel Eccles and Theodosia Hester Eccles Minors and in the matter of the Infant Settlements Act 1855

AND WHEREAS these presents have been approved of by the said Lord Chancellor as a proper Settlement to be made upon or in contemplation of said marriage of the property of the said John Knox McClintock as appears by the Certificate of His Lordship’s Chief Clerk in the margin hereof these presents being also referred to in the said Order as marked with the letter “Y”

NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the said intended marriage the said John Knox McClintock with the approbation of the said Amy Henrietta Eccles under the sanction of the said Lord Chancellor

DOTH hereby as settlor grant and confirm unto the said Edward Charles Thompson and Charles Murray Alexander and their heirs (hereinafter called the said Trustees)

PROPERTY

ALL THAT AND THOSE

the town and lands of Drumconnelly Tullyrush Tullyharm Tullytemple Rarone Upper Mullaghmore and Lower Mullaghmore including the Mansion House and 10 acres in the possession of the said Dorothea McClintock as aforesaid

and the town and lands of Seskinore

and also the town and lands of Freighmore Tullyvalley and Kilgort

and also the town and lands of Camowen

and also the town and lands of Knockadreenan

all situate in the Baronies of Omagh Clogher East Omagh and County of Tyrone and County of Armagh

together with all rights members easements privileges and appurtenances whatsoever

TRUST STRUCTURE

TO HAVE AND TO HOLD the said lands unto the Trustees subject to the life estate of Dorothea McClintock in the Mansion House and 10 acres

TO THE USE of John Knox McClintock until marriage and afterwards

CHARGING POWER

Power to charge up to £3000

JOINTURE

Amy to receive £300 per annum for life if she survives

SUCCESSION

To sons in tail male in order of seniority

Failing sons → daughters equally

CHILDREN’S PORTIONS

One child → £2000
Two children → £4000
Three or more → £6000

MAINTENANCE

Up to 4% income for education and maintenance

TRUSTEE POWERS

Trustees may:

mortgage
sell
exchange
invest
manage estate

FUTURE MARRIAGE CLAUSE

If John remarries:

may create jointure (max £300)
may provide for children of later marriage

TRUST TERM

Term of 1000 years

SCHEDULE

£300 annuity to Dorothea McClintock
£600 jointure to Amelia Harriett McClintock
£10,000 charge for younger children
Mortgage £2000 (31 March 1892)

EXECUTION

Signed:

John Knox McClintock
Amy Henrietta Eccles
Edward Charles Thompson
Charles Murray Alexander
Henry G. S. Alexander
Hubert V. McClintock

Witnesses:

Hugh Stewart Moore (Solicitor)
George C. Stapleton (Solicitor)
Frederick Sharpe

REGISTRATION

Registered Registry of Deeds Dublin
2 May 1893
Book 26 No. 285