Memorial of an Indented Deed of Assignment and Release Collection of Robert J. Smithwick, Jr. This item is a full-size photocopy of the original on file with the Registry of Deeds in Dublin.

[Cover] I Certify that this Memorial does not Contain more than 16 folios - 2 Denom and 1 Grantor M. Enright [signature] Eleven of February 35 [Memorial] To the Register appointed by act of Parliament for registering Deeds, Wills, Leases and so forth in Ireland A Memorial of an Indented Deed of Assignment and Release written upon parchment bearing date the twenty seventh day of May in the Year of our Lord one thousand eight hundred and thirty four and made and executed By and Between Thomas Smithwick Manning of Ruan Lodge in the County of Tipperary Esquire of the one part and Peter Smithwick of Barnalough in said County Esquire of the other part Reciting that by Indenture of Lease bearing date the fourteenth day of September one thousand eight hundred and twenty seven and made Between the Right Honorable Lady Caroline Damer then of Milton Abbey in the County of Dorset in that part of the united kingdom called England since Deceased of the one part and Henry Smithwick then of Barnalough in said County of Tipperary Gentleman since deceased of the other part she the said Lady Caroline Damer for the considerations therein mentioned Did thereby Demise unto the said Henry Smithwick All that and those that part of the Lands of Coolomouga and part of Ballydavid called Whaley's Quarter containing according to the Survey thereof one hundred and fifteen acres and two perches profitable Land Irish Plantation measure be the same more or less situate lying and being in the Parish of Templenarry Barony of Clanwilliam and County of Tipperary aforesaid To hold unto the said Henry Smithwick his heirs and Assigns for and during the natural lives and life of Thomas Smithwick Manning party hereto Peter Smithwick Junior of Suirville in said County of Tipperary and Thomas Eldest son of Peter Smithwick of Barnalough aforesaid Party hereto and for and during the lives and life of the survivor of them and from and after the death of such survivor then to continue for and during the term of Thirty one years to commence from the first day of May or first day of November next preceding the Death of such survivor at and under the yearly rent of one hundred and forty Pounds payable in manner as therein is mentioned and Reciting that the said Henry Smithwick on or about the nineteenth day of February one thousand eight hundred and thirty three duly made and published his last Will and Testament in writing and thereby amongst other things devised and bequeathed unto his Brother the said Peter Smithwick and his Nephew the said Thomas S. Manning all that and those the Lands and Premises hereinbefore mentioned share and share alike with the rents, issues and profits of the same during his said Testator's own term or Lease thereof but subject to payment of one hundred pounds to his Testator's Nephew - Robert Smithwick son of his late Brother George Smithwick and said Testator by said Will devised and bequeathed to his said Brother Peter Smithwick the sum of Two hundred and twenty five Pounds five shillings the amount of a Judgement Bond due to him of Peter Smithwick of Suirville in said County Esquire together with all Interest due thereon together with a Policy of Insurance on the Sun office in Clonmel on the life of said Peter Smithwick of Suirville for Three hundred Pounds together with all money he paid on account of said Insurance and that said Testator nominated constituted and appointed his said Brother Peter Smithwick and said Nephew Thomas Smithwick Manning Executors to said last Will and Testament and shortly after died without altering or revoking same and Reciting that said Thomas Smithwick was desirous to dispose of his Interest in his part or share of said Lands so devised and bequeathed to him by the Will of the said Henry Smithwick which the said Peter Smithwick agreed to purchase Said Indenture witnessed that the said Thomas Smithwick Manning for and in consideration of the Sum of Five hundred and ninety two Pounds sterling to him in hand paid by the said Peter Smithwick granted, bargained, sold, assigned and for ever quitted claim unto the said Peter Smithwick his heirs Executors administrators and assigns all his Estate right title Interest term of lives and years to come claim profit property or demand whatsoever which he then hath or which he his executors administrators or assigns at any time thereafter may or ought to have of in onto the said recited Indenture of Lease and the said Messuage [sic] or Tenement thereby demised or of in onto under the said recited Will or the Lands and Premises thereby devised with the appurtenances and every or any part or parcel thereof To have and to hold unto the said Peter Smithwick his Executors Administrators and assigns from the day of the date of said Deed for and during all the rest and residue of the term then to come and unexpired of said Term of lives and in and by the said recited Lease of the fourteenth day of September one thousand eight hundred and twenty seven granted free from any incumbrances whatsoever save and except the Rent and Covenants in said Lease entered and contained which from thenceforth were to be paid and performed by the said Peter Smithwick heirs his Executors Administrators and assigns and in which said Deed is contained a Covenant for further assurances and which said Deed as to the execution thereof by the said Thomas Smithwick Manning and by the said Peter Smithwick is witnessed by Robert Harvey and Patrick Dwyer both of Bansha Gentlemen and this Memorial as to the execution thereof by the said Thomas Smithwick Manning and by the said Peter Smithwick is Witnessed by the said Patrick Dwyer of the County of Tipperary aforesaid and by John Shiel of Bansha in said County of Tipperary aforesaid - Signed and sealed { In presence of  P. Dwyer [signature] John Shiel [signature] Thos. S. Manning [signature] Peter Smithwick [signature] The above named Patrick Dwyer of Bansha in the County of Tipperary aged upwards of Twenty years maketh and saith he is a subscribing Witness to the original Deed whereof the above Writing is a Memorial and also to the Memorial Saith he was present and saw the said Deed and and [sic] also the said Memorial duly signed sealed and perfected by the said Thomas Smithwick Manning and by the said Peter Smithwick the Parties to said Deed Saith that the name Patrick Dwyer subscribed as a Witness to the said Deed and to the foregoing Memorial respectively is ths Deponent's proper name and handwriting -  P. Dwyer [signature] Sworn before me at Tipperary in the County of Tipperary the 7th day of February 1835 a Commissioner duly appointed for taking affidavits at said Town and I know as Richard Bourke that Knows this Deponent - John Heuston [signature] } Commissioner

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