William Gawn, [location?], to Andrew Gawn, [County Antrim?]

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Document ID 9602144
Date 10-01-1838
Document Type Official Documents
Archive Public Record Office, Northern Ireland
Citation William Gawn, [location?], to Andrew Gawn, [County Antrim?]; PRONI D 728/4; CMSIED 9602144
20597
2 PENCE        ANTRIM

                      THIS INDENTURE made the tenth
                     day of January in the year of our Lord
one thousand eight hundred and thirty eight Between William
Gawn of Ballyclaverty in the parish of Donegore and County
of Antrim Farmer of the one part and Andrew Gawn of
Ballyclaverty Farmer of the other part WHEREAS Hugh Cairns
of Parkmount in the County of Antrim Esq. by Indenture of
Lease by him duly Executed and dated the fifteenth day of
april one thousand eight hundred and one did demise
grant let and to farm let unto the late James Gawn of
Donegore all that farm or parcel of land in Ballyclaverty
aforesaid then in the profession of the said James Gawn and
his under tenants Containing about Seventy six acres or
thereabouts TO HOLD unto the aforesaid James Gawn his heirs
Executors administrators and assigns from the first day of
November one thousand eight hundred for and during the full
term time and space of Fifty one years fully to be Complete
and ended. Subject to the Clear yearly Rent of Forty two
pounds thirteen Shillings and three halfpence of the late
Currency of Ireland payable half yearly to the said Hugh
Cairns his Exc.rs [executors?] adm.rs [administrators?] or
assigns Clear of lease referance [reference?], being had to
said Lease for particulars AND WHEREAS by Indenture Bearing
date the first day of august one thousand eight hundred and
eight and made between James Gawn of Donegore the one part
and Robert Gawn of Ballyclaverty of the other part the said
James Gawn did will Grant bargain sell alien release and
conform unto the said Robert Gawn his heirs Exc,rs
[executors?] and assigns all that part of said farm
Containing twenty acres Irish plantation measure be the
same more or less TO HOLD unto the said Robert Gawn his
Exc.rs [executors?] adm.rs [administrators?] and assigns
for and during the Residue of the time Specified in said
lease and subject to the yearly Rent of ten Guineas and a
half late currency being its proportionable part of said
yearly Rent AND WHEREAS the said Robert Gawn did by his
last will and testament in writing bearing on or about the
twenty fifth day of december one thousand eight hundred and
nineteen leave and bequeath unto his Son William Gawn said
farm Containing twenty acres Irish and Subject to the said
yearly Rent of ten Guineas and a half Late Irish Currency
AND WHEREAS the said Andrew Gawn hath agreed with the said
William Gawn for the purchase of that part of said farm
known by the name of the back bog the middle bog and the
field at the head of the middle bog Containing by
admeasurement five acres one rood and six perches Irish
be the same more or less subject its proportionable part of
said yearly Rents and Covenants, for the Sum of forty pounds
ten Shillings sterling NOW - THIS INDENTURE WITNESSETH that
the said William Gawn for and in Consideration of the sum of
forty pounds. ten Shillings Sterling to him in hand well and
truly paid by the said Andrew Gawn at or before the
ensealing and delivery of these presents the Receipt of
which sum the said William Gawn doth hereby acknowledge He
the said William Gawn hath Granted bargained sold [alienc'd?]
released and Confirmed assigned transferred and made over
and by these presents doth grant bargain sell alien release
and Confirm assign transfer and make over unto the said
Andrew Gawn in the actual possession new being by virtue of
[written across page, Antrim] Bargain and sale to him
thereof made for one whole year for and in Consideration of
the sum of five shilling Herein to him in hand paid by the
said Andrew Gawn the Receipt whereof he doth hereby
acknowledge By Indenture bearing date the day next before
the day of the date of these presents and by force of the
Statute made for transferring of uses into possession and to
his heirs Exec.rs [executors?] adm.rs [administrators?] and
assigns ALL THAT AND THOSE that tenement messuage [message?]
and parcel of land in Ballyclaverty lately in the actual possession of
the said William Gawn Containing five acres one rood and six
perches Irish plantation measure be the same more or less as
the same is at present known by the name of the back bog the
middle bog and the field at the head of the middle bog
adjoining to James Murdochs Farm on the north on the east to
William Gawns land and on the south and the west to Andrew
Gawns land which premises are situate lying being in the
townland of Ballyclaverty parish of Donegore upper half
barony of Antrim and County of antrim aforesaid with all the
Rights members and appurtenances thereunto belonging or in
any wise appurtaining and the Reversions and Reversions
remainder and remainders yearly and other the Rents [issue?]
and profits thereof and of every part thereof and all the
Estate Right title and interest use trust possession
property Claim and demand whatsoever at law or Equity of him
the said William Gawn of in and to the Same and every part
thereof with the appurtenances TO HAVE AND TO HOLD the said
premises with the appurtenances unto the said Andrew Gawn
his heirs Executors administrators and assigns for and
during all the rest residue and remainder of the term of
fifty one years from the first day of November one thousand
eight hundred Subject to the yearly Rent of two pounds
eighteen Shillings and three pence halfpenny Sterling being
its proportionable parts of the said yearly Rent Specified
in said Indenture and the said William Gawn doth for himself
his heirs executors adm.rs [administrators?] and assigns
doth Covenant promise and agree to and with the said Andrew
Gawn his heirs Exc.rs [executors?] adm.rs [administrators?]
and assigns by these present in manner and form following
that is to say that he the said William Gawn hath not made
done or Commited [committed?] any act or acts deed or deeds
matter or thing whatsoever or Caused or procured to be made
or executed any act or veto deed or deeds matter or thing
whatsoever to hinder or Interrupt the said Andrew Gawn his
heir or assigns to have hold possess and enjoy the said
premises or any part thereof and that he the said William
Gawn not Withstanding any such act matter or thing as
aforesaid now hath in himself good Right full power and
lawful authority to bargain sell assign and set over the
said Recited messuage [message?] tenement and premises with the
appurtenances unto the said Andrew Gawn. his heirs Exc.rs
[executors?] adm.rs [administators?] and assigns in manner
and form aforesaid and also that he the said Andrew Gawn his
heirs Exec.rs [executors?] adm.rs [administrators?] and
assigns shall or lawfully may from time to time and at all
times hereafter for and during all the Rest residue and
remainder yet to Come and unexpired of the said term of
fifty one years in and by the said recited Indenture of
Lease granted peaceably and Quietly have hold occupy possess
and enjoy the said Messuage [message?] or tenement and all and singular
other the premises herein before mentioned or intended to be
hereby assigned with their and every of their appurtenances
without the lawful let said trouble damage molestation
eviction disturbance hinderance or Interruption or of or by
him the said William Gawn his heirs Exec.rs [executors?]
adm.rs [administrators?] or assigns or of or by any other
person or persons lawfully Claiming or to Claim from by or
under him them or any of them or by his heirs or any of
their set means Consent neglect default parity or
procurement and that free and Clear freely and Clearly
acquited aforesaid and discharged or by him the said William
Gawn his heirs Executors administrators or assigns well and
sufficiently Saved Defended Kept harmless and indemnified
off from and against all and all means of former and other
Gifts Grants bargains sales leases assignments Surrenders
Forfeitures Rents arrearages of Rents and of and from all
other estates titles troubles Charges and Incumbrances had
made Commited [committed?] done or wittingly or willingly
or unwillingly Suffered or to be had made Commited
[committed?] done or wittingly or willingly Suffered by him
the said William Gawn or by through with or under his act
means Consent [privity?] neglect default or procurement and
further that he the said William Gawn his heirs Exc.rs
[executors?] adm.rs [administrators?] and assigns and all
and every other person or persons lawfully having or
Claiming or to Claim any estate right title or Interest of
in to or out of the said hereby assigned premises or any
part thereof by from or under him shall and will from time
to time and at all times forever hereafter at the reasonable
Request and at the proper Costs and Charges in the law of
the said Andrew Gawn his heirs Exc.rs [executors?] adm.rs
[administrators?] and assigns make do and Execute or Cause
to be made done and Execute all and every such further and
other lawful and reasonable act and acts thing and thing
assurance and assurances in the law whatsoever for the
further better and absolute assigning confirming and
assuring of the said Messuage tenement and premises hereby
assigned with their appurtenances unto the said Andrew Gawn,
his heirs Exc.rs [executors?] adm.rs [administrators?] and
assigns for and during all the residue and remainder of the
said term of years as by the said Andrew Gawn his heirs
Exc.rs [executors?] adm.rs [administrators?] or assigns or
his or their Counsel learned in the law shall or may
lawfully advise devise or Require. IN WITNESS whereof the
parties aforesaid have hereunto Set their hand and affixed
their seals the day and year first above WRITTEN

Signed Sealed and delivered              William Gawn [seal]
      in presence of

 John Gawn junior                        Andrew Gawn [seal]
 James Murdoch junior


Received from the Within named Andrew Gawn the sum }
of forty pounds ten Shilling Sterling being the    } œ40.10s
Consideration money in the within deed mentioned   }
to be paid to me the day and year first above      }
Written

Witness   John Gawn junior                   William Gawn
         James Murdoch Junior