County Tyrone Ireland Genealogy Research

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Land Sales & Law Suit involving the Boyle Family, 1732-1751
PRONI D 1096/52/Box 91

Transcribed, Compiled & Submitted by Ray, in Oz
ray15[at]optusnet.com.au



Chronology & Summary from this document by Ray, in Oz

 

Sale 13 February 1732 by Hugh EDWARDS Esquire of Castle Gore, Co. Tyrone

to

Hugh BOYLE of Dungiven, County Londonderry TANNER

ALL the two townlands of Drumnaforby and Carronys 471 acres in the Manor of Hastings with the usual customs of the fairs and markets of the towns of Drummaforby and Drumquin and the pound of Drummaforby

 

during the natural life of that

Hugh BOYLE,

Dorrington BOYLE son of that Hugh BOYLE and

William GIVEN son of Henry GIVEN of Tatteracanought, County Tyrone FARMER

 

Sale 13th February 1732 (same date) by the same Hugh EDWARDS

to

David BOYLE of Bally Godan, County Londonderry FARMER

the following: All the third part of the townland Colenecrunaght and the two townlands of Kilmores in the Manor of Hastings and County of Tyrone containing the third part of said Colenecrunaght 86 acres and the said two townlands of Kilmores 588 acres

 

during the natural lives of that

David BOYLE of Bally Godan, Co. Londonderry

Dorrington BOYLE son of Hugh BOYLE of Dungiven, Co.Londonderry and

Dorrington BOYLE son of James BOYLE of Newtownlemavady, County

Londonderry

 

Sale 5th February 1736 by that David BOYLE

to

James BOYLE of Cavan, County Donegal all the demised premises

(this is the same James BOYLE as in the 1751 Indenture

 

(slightly out of chronology):

Sale 1 & 2 May 1732 by

Hugh EDWARDS Esquire of Castle Gore, County Tyrone

(Died pre 1 June 1751)

to:

Henry LECKY Esquire of Cooleraine, County Londonderry

(by 1 June 1751 of Agivey, Co. Londonderry )

and

James BOYLE of Newtownlemevady, County Londonderry, TANNER

(by 5th February 1736 of Cavan, County Donegal !)

(by 1 June 1751 late of Castle Gore, County Tyrone, now of the City of Dublin, TANNER) (1 June 1751 confined in the Marshalsea of the Four Courts, Dublin {is that why he is shown as “now of Dublin”?}

 

The following:

All the woods and underwoods on the lands of Kirlish, Banacatall (Bomackatall), Carnagrew, Kilmores, Donaree, Drumeny, Drumscra, Callow and the Enoghs of Banacatall (Bamackatall); also the townland of Kirlish and two-thirds of Curraghamalkin next Drumquin and adjoining the other third of the said town which was then lately set to Joseph SPROULE, with liberty of inclosing …;

also the Iron works or forge & utensils with the lands formerly set and then in the possession of William CROCKEL

 

1751:

In a suit Henry LECKY and James BOYLE are plaintiffs

and

Henry CARY and Wm. HAMILTON Esquires,

James MERVYN by the name of James RICHARDSON Esq, Anne his wife, Olivia EDWARDS and others are Defendants,

 

Andrew KNOX of Preben in the County of Londonderry and Thomas YOUNG of Lougheash in the County of Donegal Esquires appointed Arbitrators

 

Indenture (tripartite) 1 June 1751 (between):

1: Henry LECKY Esquire of Agivey, County Londonderry

James BOYLE late of Castle Gore, County Tyrone, now of the City of Dublin,

TANNER

and

2: John Elliot CAIRNES Esquire of Killyfaddy, County Tyrone

Galbraith RICHARDSON of Churchland, County Tyrone CLERK

(they appear to be the Executors of Hugh Edwards rh)

and

3: Henry CARY Esquire of Londonderry

William HAMILTON Esquire of Strabane, County Tyrone

James MERVYN now known as James RICHARDSON Esq of Castle Hill,

County Tyrone

Anne his wife of Castle Hill, County Tyrone

Olivia EDWARDS of Castle Hill, County Tyrone daughter of the above Hugh

EDWARDS

 

Agreed between the parties that:

Henry LECKY and James BOYLE should transfer their titles to the said lands woods Iron works and premises

to John Elliott CAIRNES and Galbraith RICHARDSON upon several trusts mentioned on a Writ marked 2700 pounds at the suit of the Executors of the said Hugh EDWARDS deceased, father of the said Olivia EDWARDS on the said James BOYLE and Henry LECKY perfecting such submission as aforesaid and executing these presents shall be forthwith enlarged and set a {t} liberty

 

NOW the said Henry LECKY and James BOYLE sold unto the said John Elliott CAIRNES and Galbraith RICHARDSON in their actual possession now being for one whole year by Indenture 31st May 1751 by force of the statute for transferring uses into possession:

 

ALL that and those woods and underwoods now standing and growing or which shall hereafter grow on the lands of Kirlish, Bomacatall, Carnegrew, Kilmores, Donaree, Drumeny, Drumscra, Callow and the Enoghs of Bomacatall as also the town and lands of Kirlish and two thirds of Curraghamalkin next Drumquin and enjoining the other third of the said town formerly set to Joseph SPROUL and also the said Iron forge or works with the utensils thereto belonging AND also all that and those the said two towns and lands of Drummaforby and Carronys containing by estimate 471 acres be the same more or less with the usual Customs of the fairs and markets of the said towns of Drummaforby and Drumquin, with the pound of Drummaforby

 

BOYLE Family Tree information from this document

 

13 Feb. 1732 Hugh BOYLE of Dungiven, County Londonderry TANNER

 

13 Feb. 1732 Dorrington BOYLE son of that Hugh BOYLE and

 

13 Feb. 1732 William GIVEN son of Henry GIVEN of Tatteracanought, [modern: Tattraconnaghty ] County Tyrone FARMER (Is he perhaps a son of a sister of Hugh BOYLE of Dungiven? rh)

 

13 Feb. 1732 David BOYLE of Bally Godan, County Londonderry FARMER

 

13 Feb. 1732 Dorrington BOYLE son of Hugh BOYLE of Dungiven,

Co.Londonderry and

 

13 Feb. 1732 Dorrington BOYLE son of James BOYLE of Newtownlemavady,

Co. Londonderry

 

(could this indicate that Hugh BOYLE of Dungiven, TANNER

David BOYLE of Bally Godan, FARMER and

James BOYLE of Newtownlemavady TANNER

were all brothers?)

 

This would result in:

 

James BOYLE:

(1 & 2 May 1732) of Newtownlemevady, County Londonderry, TANNER

(by 5th February 1736 of Cavan, County Donegal !)

(by 1 June 1751 late of Castle Gore, County Tyrone !, now of the City of Dublin,

TANNER)

(1 June 1751 confined in the Marshalsea of the Four Courts, Dublin {is that why he is shown as “now of Dublin”?}

 

at 13 Feb. 1732 had a son: Dorrington BOYLE of Newtownlemavady,

Co. Londonderry

 

Hugh BOYLE:

13 Feb. 1732 of Dungiven, County Londonderry TANNER

 

at 13 Feb. 1732 had a son: Dorrington BOYLE (of Newtownlemavady ?)

 

David BOYLE:

13 Feb. 1732 of Bally Godan, County Londonderry FARMER

 

With possibly also: 13 Feb. 1732 William GIVEN son of Henry GIVEN of Tatteracanought, County Tyrone FARMER (Is he perhaps a son of a sister of Hugh BOYLE of Dungiven? rh) [i.e. also a sister of David & James]

 

What about Henry LECKY ? Is he a relation, or just a business associate?

 

Henry LECKY Esquire of Cooleraine, County Londonderry

(by 1 June 1751 of Agivey, Co. Londonderry )



 

This INDENTURE of three parts made the

first day of June 1751 [ 1 June 1751 ]

Between Henry LECKY of Agivey in the County of Londonderry Esq.

and James BOYLE late of Castle Gore in the County of Tyrone, now of the City of Dublin, TANNER of the first part ;

 

John Elliot CAIRNES of Killyfaddy in the County of Tyrone Esq.

Galbraith RICHARDSON of Churchland in the said County, Clerk of the 2nd part

 

and Henry CARY of Londonderry Esq.

William HAMILTON of Strabane in the County of Tyrone Esq.

James vice?? MERVYN o(ther)wise RICHARDSON Esq

Anne his wife

and Olivia EDWARDS

all of Castle Hill in the said County of Tyrone of the 3rd part.

 

WHEREAS there is now depending in the Chancery side of His Majesty’s Court of Exchequer in Ireland, a suit wherein the said Henry LECKY and James BOYLE are plaintiffs and the said Henry CARY and Wm. HAMILTON Esquires, James MERVYN by the name of James RICHARDSON Esq, Anne his wife, Olivia EDWARDS and others are Defendants, concerning matters of accounts and other things

 

AND WHEREAS the said parties are disposed amicably to decide and put an end to all differences and disputes between them by a reference to be had by order of the said Court and in order thereunto all the said partys have consented and agreed that

Andrew KNOX of Preben in the County of Londonderry and Thomas YOUNG of Lougheash in the County of Donegal Esquires should be Arbitrators indifferently chosen and appointed finally to end and determine the same and that such award as they shall make in the premises shall be binding and conclusive to the said parties and be made the decree of the said Court of Exchequer provided the said Arbitrators duly make and publish their award in writing under their hands and seals on or before the sixth day of December next and in case the said Arbitrators cannot agree and make their award on or before the time aforesaid that the said Arbitrators shall be at liberty to nominate an Umpire to determine the same and that such Umpirage as such Umpire shall make shall be binding and conclusive to the said parties and be made the decree of the said Court provided that the said Umpire duly make and publish his award or umpirage in writing under his hand and seal on or before the 23rd day of January next as by a submission duly executed by the said partys and bearing equal date with these presents which it is agreed by the said parties should be received and made a rule of the said Court of Exchequer pursuant to the Statue for determining differences by Arbitration, relation being thereunto had may more fully and a large? Appear

 

AND WHEREAS Hugh EDWARDS late of Castle Gore in the County of Tyrone Esq. DECEASED by deeds of Lease and release bearing date respectively the 1st and 2nd days of May in the year of our Lord 1732 [ 1st & 2nd May 1732 ] and made between him the said Hugh EDWARDS of the one part and the said Henry LECKY by the name of Henry LECKY of Cooleraine in the County of Londonderry Esq. and the said James BOYLE by the name of James BOYLE of Newtownlemevady in the said County, TANNER of the other part did for the consideration in the said deed of Release mentioned grant bargain sell alien release and confirm to the said Henry LECKY and James BOYLE their heirs and assigns for ever All the woods and underwoods then standing and growing or that thereafter should grow on the lands of Kirlish, Banacatall (Bomackatall), Carnagrew, Kilmores, Donaree, Drumeny, Drumscra, Callow and the Enoghs of Banacatall (Bamackatall); as also the townland of Kirlish and two-thirds of of Curraghamalkin next Drumquin and adjoining the other third of the said town which was then lately set to Joseph SPROULE together with liberty of inclosing and saving from all Cattle (except the horses belonging to the tenants occupying or to occupy said lands) the woods and young growth of them or any part of them when cut down provided they shall after each fall enclose apart that part of said woods which they shall so fell or cut down with liberty to cut down fell peel strip burn and carry away the same then and as often as they the said Henry LECKY and James BOYLE their heirs or assigns shall think meet and convenient and also the Iron works or forge with the utensils thereto belonging with the lands formerly set and enjoyed with the same and as the same was then in the possession of William CROCKEL together with liberty of raising digging and carrying away Iron ore or mine in and out of any convenient part of the Manor of Hastings where he the said Hugh EDWARDS had a right of raising or carrying away the same and also liberty of cutting making and coaling turfe in any convenient part of said Manor (except the turfe bog in the possession and occupation of the said Hugh EDWARDS )?) to be employed & expended in said forge or Iron works or for the necessary uses of the person or persons occupying said land, sell with said forge or Iron works all which woods lands premises and appurtenances are situate lying and being in the Manor of Hastings and County of Tyrone and also all woods trees underwoods waifs waters watercourses commons commodities emoluments and heredits whatsoever to the same or any part thereof belonging or in any way appertaining with liberty of diggings pitts and cutting scraws and sods for making & burning charcoal and also of erecting Bark Mills and wood houses and grazing horses that shall be necessary employed in working in said woods in any convenient part of said premises (except as therein is excepted) they the said Henry LECKY and James BOYLE their heirs and assigns Yielding and paying unto the said Hugh EDWARDS his heirs and assigns the yearly rent or Sum of 130 pounds sterling payable half-yearly by equal portions at May and All Saints as by the said deed of Lease and Release relation being thereunto had may more fully and at large appear

 

AND WHEREAS the said Hugh EDWARDS by Indenture of Lease bearing date on or about the 13th day of February 1732 made between him the said Hugh EDWARDS of the one part and Hugh BOYLE of Dungiven in the County of Londonderry TANNER of the other part granted demised & to farm let unto the said Hugh BOYLE ALL that and those the two townlands of Drumnaforby and Carronys containing by estimation 471 acres be the same more or less situate in the Manor of Hastings together with the usual customs of the fairs andmarkets of the towns of Drummaforby and Drumquin with the appurtances and the pound of Drummaforby (excepting as therein excepted)

 

TO HAVE AND TO HOLD all and singular the said demised premises except before excepted unto the said Hugh BOYLE his heirs executors administrators and assigns for and during the natural life of him the said Hugh BOYLE, Dorrington BOYLE son of the said Hugh BOYLE and William GIVEN son of Henry GIVEN of Tatteracanought in the said County of Tyrone FARMER or the longest liver of them, he the said Hugh BOYLE his heirs executors administrators and assigns Yielding and paying unto the said Hugh EDWARDS his heirs or assigns the yearly rent or sum of 31 pounds 3 shillings and four pence Sterling [L31.3.4 ] by two even and equal half yearly payments Viz: at May and All Saints during the first two years of this present demise and from and after the expiration of said two years the yearly rent of fifty pounds [L50] payable by two equal moities as aforesaid with a Covenant of renewal on the death of any of the said three lives upon the payment of 3 pounds [L3] for inserting or adding a new life or lives and so to continue renewable for ever

 

AND WHEREAS the said Hugh BOYLE by deed bearing date the 10th day of September 1734 and indorsed on the said last mentioned Indenture of lease, assigned the said demised premises last mentioned and all his right title and interest therein to the said Henry LECKY and James BOYLE as by the said Indenture of Lease and the said Indorsement relation being thereunto had, may more fully and at large appear

 

AND WHEREAS by Indenture of Lease bearing date the 13th day of February 1732 and made between him the said Hugh EDWARDS of the one part and David BOYLE of Bally Godan in the County of Londonderry FARMER of the other part, he the said Hugh EDWARDS granted bargained and to farm let unto the said David BOYLE All that and those the third part of the townland Colenecrunaght and the two townlands of Kilmores in the Manor of Hastings and County of Tyrone with the appurtenances thereunto belonging containing by estimation the third part of said Colenecrunaght 86 acres and the said two townlands of Kilmores 588 acres be the same more or less (except as in and by the said last mentioned Indenture is excepted and reserved

 

TO HOLD {all } and singular the said last mentioned demised premises with the appurtenances excepted as therein is excepted unto the said David BOYLE his heirs executors administrators and assigns for and during the natural lives of him the said David BOYLE, Dorrington BOYLE son of Hugh BOYLE of Dungiven and Dorrington BOYLE son of James BOYLE of Newtownlemavady all in the County of Londonderry and the longest liver of them, with a Covenant of renewal for ever upon payment of 40/- [40 shillings = 2 pounds] sterling on each renewal he the said David BOYLE his heirs executors administrators and assigns Yielding and paying the yearly rent or Sum of 25 pounds 11 shillings and 5 pence [L25/11/5] sterling unto the said Hugh EDWARDS his heirs or assigns by 2 equal half yearly payments at May and All Saints for the first two years of the said mentioned demise and from and after the expiration of the said two years the yearly rent or sum of 34 pounds [L34] sterling payable by two equal moities as aforesaid

 

AND WHEREAS the said David BOYLE by deed bearing date the 5th day of February 1736 and indorsed on the said last mentioned lease, assigned bargained and sold unto the said James BOYLE party to these presents by the name of James BOYLE of Cavan in the County of Donegal all the said last mentioned demised premises and all his the said David BOYLE’s estate right title and interest therein as by the said last mentioned Indentures of Lease and the said Indorsement thereon, relation being thereunto had, may more fully and at large appear

 

AND WHEREAS it hath been concluded and agreed upon by and between the said parties that the said Henry LECKY and James BOYLE should assign transfer and make over all their and each of their rights titles and interests of in and to the said lands woods Iron works and premises with their appurtenances to the said John Elliott CAIRNES and Galbraith RICHARDSON upon the several trusts thereinafter mentioned and that and that the said James BOYLE who now is confined in the Marshalsea of the Four Courts on a Writ marked 2700 pounds at the suit of the Executors of the said Hugh EDWARDS deceased, father of the said Olivia EDWARDS, on the said James BOYLE and Henry LECKY perfecting such submission as aforesaid and executing these presents shall be forthwith enlarged and set a {t} liberty

 

NOW THIS INDENTURE WITNESSETH that the said Henry LECKY and James BOYLE for the considerations aforesaid and in consideration also of the sum of 5/- [5 shillings] to each of them the said Henry LECKY and James BOYLE in hand paid by the said John Elliott CAIRNES and Galbraith RICHARDSON at or before the ensealing and delivering of these presents the receipt whereof the said Henry LECKY and James BOYLE so hereby severally and respectively acknowledge have and each of them hath granted bargained sold transferred assigned remised released and confirmed and they and each of them doth grant bargain sell transfer assign remise release and confirm unto the said John Elliott CAIRNES and Galbraith RICHARDSON in their actual possession now being by virtue of a bargain and sale to them thereof made by the said Henry LECKY and James BOYLE for one whole year by Indenture bearing date the day next before the day of the date of these presents [i.e. 31st May 1751] in consideration of 5/- [5 shillings] and by force of the statute for transferring uses into possession:

 

ALL that and those woods and underwoods now standing and growing or which shall hereafter grow on the lands of Kirlish, Bomacatall, Carnegrew, Kilmores, Donaree, Drumeny, Drumscra, Callow and the Enoghs of Bomacatall as also the town and lands of Kirlish and two thirds of Curraghamalkin next Drumquin and enjoining the other third of the said town formerly set to Joseph SPROUL and also the said Iron forge or works with the utensils thereto belonging AND also all that and those the said two towns and lands of Drummaforby and Carronys containing by estimate 471 acres be the same more or less with the usual Customs of the fairs and markets of the said towns of Drummaforby and Drumquin with the appurtenances with the pound of Drummaforby and also all that and those the said third part ….(rest seemingly not photocopied