DATED 19th day of December 1883
OWEN MURPHY 1st part
MICHAEL McCARTAN 2nd part
PATRICK MURPHY & others 3rd part
THOMAS McCARTAN & others 4th part
AGREEMENT
Edward O'Rorke Dickey
Solicitor
Belfast
AN AGREEMENT made and entered into this nineteenth day of December one
thousand eight hundred and eighty three BETWEEN OWEN MURPHY of Clonvaraghan
in the County of Down farmer administrator of the estate and effects of
Patrick Murphy late of Leitrim in the County of Down Publican Grocer Farmer
and General Merchant deceased (herein after called the party of the first
part) of the first part MICHAEL McCARTAN of Leitrim in the County of Down
aforesaid nephew of the said Patrick Murphy deceased (hereinafter called the
party of the second part) of the second part and the said OWEN MURPHY PATRICK
MURPHY Farmer HUGH MURPHY Farmer all of Clonvaraghan in the County of Down
aforesaid BERNARD MURPHY at present resident in St Malachys College Belfast
in the County of Antrim Gentleman ANNE McCARTAN wife of Patrick McCartan of
Ballydrummond [Ballydrumman?] in the County of Down farmer formerly Anne
Murphy ^the said Patrick McCartan^ and CECILIA MURPHY Spinster of Clonvaraghan
in the County of Down aforesaid children of Hugh Murphy a deceased brother of
the said Patrick Murphy deceased and some of his next of kin (hereafter called
the parties hereto of the third part) of the third part and THOMAS McCARTAN of
Augustine Mills Wilmington IN the United States of America the said Michael
McCartan Owen McCartan of Ballymaginaghy in the County of Down farmer The
REVEREND EDWARD McCARTAN of Mayo Bridge in the County of Down Roman Catholic
Clergyman CECILIA McALEENAN wife of James McAleenan of Ballymaginaghy
aforesaid farmer formerly McCartan and the said JAMES McALEENAN NANCY McCARTAN
Spinster MARY McAVOY wife of Michael McAvoy of Ballymagreeghan [
Ballymagreehan?] in the County of Down farmer formerly Mary McCartan Spinster
and the said Michael McAvoy and Rose McCartan Spinster the said Thomas
McCartan Michael McCartan Owen McCartan Edward McCartan Cecilia McAleenan
Nancy McCartan Mary McAvoy and Rose McCartan being the children of Anne
McCartan formerly Anne Murphy a deceased sister of the said Patrick Murphy
deceased also some of his next of kin (hereinafter called the parties of the
fourth part) of the fourth part WHEREAS the said Patrick Murphy deceased and
the party hereto of the second part were at the time of death of the said
Patrick Murphy residing on a farm of land house and premises situate at Leitrim
#PAGE 2
at Leitrim in the County of Down held under the Earl of Annesley from year
to year at the yearly rent of thirty five pounds where the business of
Publican Grocer Farmer and General MERCHANT was carried on AND WHEREAS the
said Patrick Murphy died on the ninth day of May one thousand eight hundred
and eighty two a bachelor intestate and without Father Mother Brothers or
Sister surviving AND WHEREAS upon the death of the said deceased the party
of the second part claimed the entire of the said farm and business and the
property and effects situate thereon as his absolutely and the party hereto
of the first part claimed to have the said farm business property and effects
treated as assets of the deceased AND WHEREAS the party hereto of the first
part being desirious [desirous? ] to administer the estate of the said
deceased on behalf of the parties of the third and fourth parts attended at
the said farm with a Valuator on the twenty seventh June one thousand eight
hundred and eighty two and valued the interest in the said farm of land
chattels and stock in trade and about the said premises and which Valuation
amounted to the sum of Nine hundred and eighteen pounds fourteen shillings and
two pence AND WHEREAS the said party of the first part applied for and
obtained administration to the estate and effects of the said deceased forth
[for the?] of the District Registry at Belfast Probate and Matrimonial
Division of the High Court of Justice in Ireland on the tenth day of July one
THOUSAND eight hundred and eighty two and the said Estate and effects were
then sworn to be the value of the said sum of Nine hundred and eighteen
pounds fourteen shillings and two pence AND WHEREAS on the fourteenth July
one thousand eight hundred and eighty two the party hereto of the first part
as administrator of the said deceased instituted an action Record No 4301 in
the Chancery Division of the said High Court of Justice in Ireland against the
party of the second part to administer the estate of the said deceased and
these proceedings were continued up till the party of the first part had an
inspection of the books of account kept on the said premises at Leitrim
aforesaid and the defence of the party hereto of the second part had been
delivered AND WHEREAS the several persons parties hereto being desirous to
put an end to the said proceedings now pending in the said court negociations
[negotiations?] for a compromise were entered upon which have resulted in an
offer by the said party of the second part to pay the estate of deceased a sum
of Two thousand one hundred pounds in full discharge of all claims of the
party hereto of the first part as Administrator and of the parties of the
third and fourth parts as such next of kin of the deceased and WHICH the said
parties have agreed to accept AND WHEREAS the costs of administrations
(including the costs of the said action) and the several duties and other
expenses in connection with the realisation and settlement of the matter
incurred by the party of the first part amounted altogether to the sum of
Three hundred and twelve pounds two shillings and one penny which being
deducted from the sum of Two thousand one hundred pounds left a sum of one
thousand seven hundred and eighty seven pounds seventeen shillings and eleven
pence for distribution among the next of kin of the said deceased AND WHEREAS
the family of the late Hugh Murphy consist of six members and they are
entitled to one moiety of the said sum of one thousand seven hundred and eighty
#PAGE 3
seven pounds seven shillings and eleven pence being the sum of Eight hundred
and ninety three pounds eighteen shillings and eleven pence or the sum of one
hundred and forty eight pounds nineteen shillings and eight pence payable to
each of them AND WHEREAS the parties hereto of the fourth part are the family
of the late Anne McCartan otherwise Murphy a sister of the deceased and
consist of eight members and they are entitled to the sum of Eight hundred
and ninety three pounds nineteen SHILLINGS or the sum of one hundred and
eleven pounds fourteen shillings and ten pence each NOW THESE PRESENTS
WITNESS that we the parties of the first second third and fourth parts do
hereby respectively agree to the settlement of the said action of Murphy v
McCartan on the following terms and conditions.
THAT all further proceedings in the said action shall be stayed and
that the party hereto of the first part the second part shall pay to the
party of the first part the sum of Two thousand one hundred pounds within one
month from this date and upon such payment the action shall be discontinued
and if the said sum of Two thousand one hundred pounds shall not be paid at
the time aforesaid then the party of the first part shall be at liberty to
proceed with his action as if no negotiation for a settlement had taken place
THAT the parties hereto of the third part shall be satisfied that
the sum of one hundred and forty eight pounds nineteen shillings and eight
pence is the proper amount payable to each of them as their distributive
share of the said deceaseds estate after making the deductions hereinbefore
stated from the said sum of Two thousand one hundred pounds and that upon
receipt of the said sum of one hundred and forty eight POUNDS nineteen
shillings and eightpence by each of the parties hereto of the third part
hereby respectively agree on behalf of themselves and their respective
executors administrators and assigns to execute to the party hereto of the
first part a deed of release from all claims in respect of their distributive
shares of the estate and effects of the said Patrick Murphy deceased and all
other claims and demands whatsoever in reference to his Estate.
THAT the parties hereto of the fourth part shall be satisfied that
the sum of one hundred and eleven pounds fourteen shillings and ten pence is
the proper amount payable to each of them as their distributive share of the
said deceaseds estate after making the deductions herein before stated from
the said sum of Two thousand one hundred pounds and that upon receipt of one
hundred and eleven pounds fourteen shillings and ten pence by each of the
parties hereto of the fourth part they the parties hereto of the fourth part
"hereby" respectively agree on behalf of themselves and their respective
executors administrators a deed of release from all claims in respect of
THEIR distributive shares of the Estate and effects of the said Patrick
Murphy deceased and all other claims and demands whatsoever in reference to
his Estate.
THAT the respective sums payable to the parties of the third and
fourth parts shall not be subject to any reduction for either costs or Legacy
or succession duties but shall be paid in full.
THAT this AGREEMENT is not to affect in any way the absolute right
of Mrs Anne Murphy to the farm of land situate at Ballylough which was
#PAGE 4
assigned to her and her family by the deceased Patrick Murphy in his lifetime
by deed dated the twenty third October one thousand eight hundred and seventy
six and the possession of which she now enjoys.
IN WITNESS whereof the parties aforesaid have hereunto subscribed
their names and year first within WRITTEN
SIGNED by the said} Thomas McCartan Michael McCartan
Michael McCartan } Michael McCartan James McAleenan
Owen McCartan } Cecilia X McAleenan Edward McCartan
Edward McCartan } Nancy Anne McCartan Rose McCartan
Cecilia McAleenan } Owen McCartan Mary McAvoy
(having been first} Michael McAvoy Patrick Murphy
truly audibly and } Hugh Murphy Bernard Murphy
distinctly read over to her) } Annie McArtain
James McAleenan, Nancy McCartan} Patrick McCartan
(by the signature Nancy Anne } Cecilia Murphy
McCartan, Mary McAvoy, Michael } Owen Murphy
McAvoy, and Rose McCartan }
In presence of}
B.T.Johnson } Thomas McCartan for his Attorney
Downpatrick } Edward McCartan
Signed by the said Patrick Murphy, Hugh Murphy, Bernard Murphy, Annie
McCartan, Cecilia Murphy and Owen Murphy in presence of _ this 5th January
1884 _ E.OR.Dickey of Belfast
Solicitor
Signed by the said Patrick McCartan in presence
of E.OR.Dickey _
signed by Edward McCartan in the name of and as the Attorney of the said
Thomas McCartan
[---------?]
Manager Commercial Bank of Ireland Ltd.
Newry
