1891 Indenture: Samuel J. Merrick, Henry Long, Richard Wm Long

THIS INDENTURE made the 14th day of September 1891 between THE PROVINCIAL BANK OF IRELAND Limited having their registered office at 8 Throgmorton Avenue London in England hereinafter called 'the said bank' of the first part HENRY LONG of Youghal in the County of Cork Contractor of 2nd part, SAMUEL J. MERRICK of Youghal aforesaid Merchant of the 3rd part and RICHARD WM LONG of Youghal aforesaid Postmaster of the 4th part.

WHEREAS by an Indenture of Lease dated of the 29th February 1848 and expressed to be made between Thomas Murdock Green of the one part and Jeremiah Long of the other part ALL THAT part of the lands of Knockaverry situate in the Barony of Imokilly and County of Cork lately in the possession of the Reps of John Barry containing by common estimation 2 acres and 35 perches be the same more or less meared [sic] and bounded on the north by the holdings of John McGuire and Edward Trotter on the West by a small road leading to said McGuire's holdings on the south partly by the High Road and partly by the holding of Michael Ahern and Mrs Wagh and on the East partly by the High Road and partly by the said holdings of Edward Trotter and Mrs Wagh with the appurtenances (being premises firstly hereinafter assigned) were demised to the said Jeremiah Long his exhors admors and assigns for the term of 300 years from the 25th March 1847 at the yearly rent of 8 pounds and subject to the convenants by the Lessee and conditions therein contained.

AND WHEREAS by another Indenture of Lease dated the 26th day of October 1831 and expressed to be made between the Rev Wm. Nelson Jackson of the one part and Jeremiah Long of the other part ALL THOSE concerns and premises then lately in the occupation of Rodolphus Mortimer Esq and at the date of such lease of the said Jeremiah Long situate in Friar Street in the Barony of Imokilly and Town of Youghal upon which three houses are now built with the appurtences (being the premises secondly hereinafter assigned) were demised to the said Jeremiah Long his heirs and assigns for ever at the yearly rent of 15 pound and subject to the convenants by the Lessee and Conditions therein contained

AND WHEREAS the premises granted and demised by the hereinbefore recited Indentures of Lease subsequently became vested in the said Henry Long for all the estate and term thereby respectively granted, but subject to the payment of an annuity of 40 pounds to Alicia Long sister of the said Henry Long for her life and to the right of the said Alicia Long to hold and enjoy during her life the dwelling house in Friar Street now occupied by her being part of the premises demised by the said recited Lease of the 26th October 1831 free from or imdemnified by the said Henry Long against all Head Rent, rates and taxes

AND WHEREAS on or about the 10th day of June 1873 the said Henry Long deposited (inter alia) with the then trustees of the said Bank both of the said Indentures of Lease hereinbefore recited as continuing and collateral security for certain sums of money then due or there after to become due by him to the said Bank as is acknowledged by a certain Memo in writing dated the 13th day of April 1882 made between Samuel Gordon and Robert Gibson Patchell as Trustees fo the said Bank of the first part, the said Henry Long of the second part, John Davis and Edward Acres as trustees of the Marriage settlement of Captain Thomas Hennis Green and Harriett Green otherwise Kildahl his wife of the third part and the said Thomas Hennis Green and wife of the fourth part

RECITING that the said Henry Long proposed to borrow from the said John Davis and Edward Acres as such trustees the sum of 700 pounds of which 500 pounds was to be expended in building 4 houses on the part of the demised lands of Knockaverry forming a recess or quarry adjoining to and bounded on the East by the Public Road within the then Parliamentary Borough of Youghal and the remaining 200 pound was to be paid to the said Bank in reduction of the amount then due to them by the said Henry Long the said advance to be in part secured by a Mortage of the said four houses so to be built

AND RECITING that the said Bank having been applied to for their assent to such arrangements the said Bank thro their said Trustees agreed so long as they the said Trustees their heirs admors or assigns or the said Bank should have any charge claim or lien upon the said lands to accept the yearly sum of 2 pounds as ground rent for said proposed site of the said four houses payable by said Henry Long as therein mentioned and subject thereto the said Henry Long was authorised to mortgage the said site and houses to the trustees of such Marriage Settlement as security for the said Loan without prejudice to the security held by the said Bank and

WHEREAS by an Indenture made the day of 1883 between the said Henry Long of the one part and Alicia Merrick of the other part IT IS WITNESSED that the said Henry Long did thereby Grant unto the said Alicia Merrick her heirs and assigns ALL THAT dwelling house and tenement with the yard and appurtences thereto situate at the east side of Friar Street in the said town of Youghal being portion of the premises comprised in the hereinbefore recited lease of the 26th October 1831 lately occupied by John McDonald as under tenant but then in the possession of the said Alicia Merrick TO HOLD the same unto the said Alicia Merrick her heirs and assigns for ever indemnified by the said Henry Long his heirs and assigns from and against all rent (except the 5 pound portion of the said head rent) annuities and other charges and outgoings whatsoever AND IT WAS FURTHER WITNESSED that the said Henry Long did thereby charge the other premises held under the same lease consisting of the next dwellinghouses adjoining upon the South the premises thereby conveyed AND all other his lands houses his tenements situate in the South Main Street in the town of Youghal and also situate at Knockaverry near said town with said head rent excepting the said sum of 5 pound proportion thereof and with and annuity of 15 pounds a year to the said Alicia Merrick in exoneration of the house thereby conveyed to her and

WHERAS by Indenture of Mortgage dated 10th day of September 1888 and expressed to be made between said Henry Long of the one part and the said Bank of the other part RECITING that the said Henry Long was then indebted to the said Bank in various sums of money which said Bank had called on him to secure with all sums of money which should at any time thereafter become due by him to the said bank

IT IS WITNESSED that for the considerations aforesaid the said Henry Long covenanted with the said Bank for payment to them on the 30 September 1889 or any time thereafter on demand of all sums of money then due or which should thereafter from time to time become due by the said Henry Long to the said Bank with interest thereon at 6% per ann AND by said Indenture now in recital the said Henry Long demised unto the said Bank firstly THE PREMISES by the said lease on the 29th February 1848 expressed to be demised with all those messuages houses and buildings which had been built on the said lands since the date of the said lease except two cottages build by the said Henry Long with the monies of his daughters for them

TO HOLD the said premises unto the said Bank their successors and assigns for the residue of the said term of 300 years except the last day thereof secondly The herediments by the said recited Lease of 26th October 1831 expressed to be demised with the buildings thereon TO HOLD for the term of 10,000 years from the 30th June then last subject to a proviso for redemption or surrender on payment on demand by said Henry Long his heirs exors admors and assigns unto the said Bank their successors and assigns of the monies for the time being owing on the security thereof with interest at the rate aforesaid

AND WHEREAS the sum of 937 pounds and 3 shillings principal and ----------- interest thereon is now due by the said Henry Long to the said Bank on foot of the said recited Indenture of Mortgage and WHEREAS the said Samuel J. Merrick has agreed to pay to the said Bank the sum of 937 pounds 3 shillings upon having such transfer as in hereinafter contained of the said Mortgage debt and interest and of the securities for the same and the convenant on the part of the said bank hereinafter contained to pay the said Annuity of 40 pound to the said Alicia Long during her life together with the arrears of said annuity now due amounting to not more than 92 pounds to her and also to pay to the said Samuel J Merrick during the life of the said Alicia Long the sum of 15 pound a year in lieu of the said house now occupied by her at Friar Street

And WHEREAS it has been further agreed that the said Henry Long shall assign to the said Richard William Long all the premises included in the said recited Mortgage to said Bank except the said house in Friar Street granted to the said Alicia Merrick with all accrued and accruing rents and all furniture in any of the premises included in such mortgage upon TRUST after payment of head rents taxes Insurances repairs and necessary expenses to pay the said Saml J Merrick interest at 5% on 937 pounds and 3 shillings the amount now due on foot of such mortgage and also to pay to him the residue of the net profits thereof (or 100 pounds a year if such profits be more than 100 pound per annum) in reduction of principal until the same shall be fully paid and as soon as the Mortgage debt and interest shall be paid UPON TRUST after payment of the said annuity to the said Alicia Merrick for her life to pay the nett income and profits to the said Henry Long for his life and after his decease to his wife Eliza Long in case the said Eliza Long shall survive him after her decease UPON TRUST to pay the same to the said Alicia Merrick in case she shall survive the said Henry Long and wife and after the decease of the survivor of them IN TRUST for all or such one or more of the children of the said Henry Long as he may by any deed or writing or by his last Will direct or appoint AND in default of such appointment UPON TRUST for all such children equally

NOW THIS INDENTURE WITNESSETH that in pursuance of said agreement and in consideration of the sum of 987 [sic] pounds 3 shillings at the request of the said Henry Long this day paid to the said Bank by the said Samuel J. Merrick the receipt whereof the said Bank do hereby acknowledge the said Bank do hereby by direction of the said Henry Long assign unto the said Samuel J. Merrick his executors administrators and assigns ALL THAT the said principal 937 pounds and 3 shillings now remaining owing to the said Bank on the security of the said recited mortgage and the interest henceforth to grow due for same and the benefit of all securities of the said recited Mortgage and the interest henceforth to grow due for the same and the benefit of all securities for the same TO HOLD the said premises unto the said Samuel J Merrick his exors admors and assigns absolutely

AND THIS INDENTURE ALSO WITNESSETH that in pursuance of said Agreement and for the considerations aforesaid he the said Henry Long doth hereby convenant with the said Samuel J. Merrick that he the said Henry Long his heirs exors and admors will pay to the said Samuel J Merrick his exs: ads: and assns: the sum of 987 [sic] pounds 3 shillings with interest for the same in the meantime at the rate of 5% per ann on the the 14th day of September next and will so long as the same shall remain unpaid pay to the said Saml. J Merrick his exors. Admors or assigns interest for said sum of 937 pounds 3 shillings or for so much thereof as shall for the time being remain unpaid at the rate of 5% per ann: instead of 6% the rate reserved by said Mortgage (which said lesser rate of interest the said S. J. Merrick hereby agrees to accept) by equal half yearly payments on the 14th day of March and 14th day of September the first payment thereof to be made on the 14th day of March next

AND THIS INDENTURE also WITNESSETH that in pursuance of said Agreement and for the considerations aforesaid the said Bank as Mortgagees and at the request and by the directions of the said Henry Long do hereby assign unto the said Saml J. Merrick his exors: admors: and assigns

FIRSTLY - the hereditaments and premises by the said Lease of the 29th February 1848 expressed to be demised together will all houses and buildings which have been built on the said lands since the date of the said Lease except two cottages built by the said Henry Long with the monies of his daughters for them (being portion of the premises comprised in said recited Indenture of Mortgage) TO HOLD the same unto the said Saml. J. Merrick his exors: admors: and assigns for the residue of the said term of 300 years except the last day thereof

SECONDLY All those hereditaments and premises by the said Lease on the 26th October 1831 expressed to be demised together with all those messuages houses and buildings which have been built on the same lands since the date of the said (being the residue of the premises expressed to be demised by the said recited mortage) TO HOLD the same unto the said Samuel. J. Merrick his exors: admors: and assigns for the term of 10,000 years from the Ist day of June 1888 subject to the equity of redemption subsisting therein under the said recited Indenture of Mortgage AND the said Bank for themselves their successors and assigns hereby covenant with the said Samuel J. Merrick and his assigns that the said Bank their successors assigns will pay the said annuity of 40 pound to the said Alicia Long during her life (together with all arrears thereof now due to her amounting to not more that 92 pound) by equal quarterly payments on every 17th day of August, 17th day November, 17th day of February and 17th day of May the first of such payments to be made on the 17th day of November next AND will also pay the further sum of 15 pound to the said Samuel J. Merrick his exors: admors: and assigns during the lifetime of the said Alicia Long the same to be paid by equal half yearly payments of 7 pound 10 shillings on every 29th day of September and 25th day of March the first payment to be made on the 29th day of September inst: and to be applied by the said S.J. Merrick his exors: admors: and assigns towards payment of the interest due for the time being on foot of the said Mortgage debt

AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of said Agreement and for the considerations aforesaid he the said Henry Long as beneficial owner DOTH hereby GRANT and ASSIGN unto the said Richard Wm Long his heirs exors: admors: and assigns

FIRSTLY ALL and singular the hereditaments expressed to be demised by the hereinbefore recited Indenture of Lease of the 29th February 1848 and herein before described except the two cottages built on the said lands with the monies of his daughters for them and

SECONDLY all and singular the hereditaments and premises expressed to be demised by the hereinbefore recited Lease of the 26th October 1831 and hereinbefore described except the said House in Friar Street granted to the said Alicia Merrick her heirs and assigns as aforesaid and

THIRDLY all household furniture and goods and chattels whatsoever now in or upon any portion of the premises hereby firstly and secondly assigned to the said Richard W. Long

TO HOLD the premises firstly assigned unto the said Richard Wm Long his: exors admors: and assigns for the residue now unexpired of the term granted by the said Lease thereof at the said yearly rent and subject to the covenants by the Lessee therein contained AND TO HOLD the premises secondly granted unto the said Richard Wm Long his heirs and assigns for ever at the said yearly rent and subject to the convenants by the Lessee reserved and contained in the hereinbefore recited lease thereof But as to the premises firstly secondly and thirdly assigned UPON TRUST after payment of head rents rates and taxes and Insurance repairs and necessary expenses of management to pay to the said Saml. J. Merrick his exors: admors: and assigns interest at the rate of 5 (pound sign) percent per ann: upon the sum due on foot of the said mortgage and also the sum of 100 pound or the residue of the net yearly rents and profits of the premises hereby assigned (if the same do not amount to so much) in reduction of the principal sum due on foot of the said Mortgage until the same shall be fully paid and as soon as the said mortgage debt and interest shall be paid UPON TRUST to pay over the net yearly rents and profits of the said Mortgage until the same shall be fully paid and as soon as the said Mortgage debt and interest shall be paid

UPON TRUST to pay over the net yearly rents and profits to the said Henry Long for his life and after his decease to his wife the said Eliza Long in case she shall survive the said Henry Long and after her decease to the said Alicia Merrick in case she shall survive the said Henry Long and Eliza Long and after the decease of the survivor of them UPON TRUST for all or such one or more of the children of the said Henry Long as he may by any deed or writing or by his last will direct or appoint AND in default of and subject to any such appointment IN TRUST for all the children of the said Henry Long and their heirs exors: admors: and assigns according to the respective tenures thereof in uqual [sic] shares as tenants in Common.

AND it is hereby declared that the said Samuel J. Merrick shall possess all the powers of sale and other rights and remedies conferred upon the said Bank by the said Mortgage of the 10th September 1888.

AND it is hereby further declared that the said Samuel J. Merrick his exhors: admors: and assigns may at any time after the said 14th September next without any further consent of the part of the said Henry Long or Richard Wm Long sell the said premises or any of them or any part thereof either together or in parcels and either by Public Auction or private Contract and may execute and so all such assurances and things for effectuating any such sale as he or they shall think fit

PROVIDED NEVERTHELESS that the said Saml. J. MERRICK his exors: admors: and assigns shall not execute the power of sale hereinbefore contained until he or they shall have given to the said Henry Long his heirs: exors: admors: or assigns or left on some part of the said premises a notice in writing to pay off the monies for the time being owing on the security of these presents and default shall have been made in such payment for six calendar months after giving or leaving such notice or until the whole or part of some half yearly payments of interest shall have become in arrear for six calendar months

PROVIDED ALSO that upon any sale purporting to be made in pursuance of the aforesaid power no purchaser shall be bound to inquire whether either of the cases mentioned in the clause lastly hereinbefore contained has happened nor whether any monies remains due upon the security of these presents nor as to the propriety or regularity of such sale and notwithstanding any impropriety or irregularity what so ever in any such sale the same shall as regards a purchaser be deemed to be within the aforesaid power and be valid accordingly.

AND IT IS HEREBY DECLARED that the receipt of the said Samuel J Merrick his exors: admors: or assigns for the purchase monies of the premises sold or any part thereof shall effectually discharge the purchaser or purchasers therefrom and from being concerned to see to the application thereof AND that the aforesaid power of sale and other powers may be exercised by any person or persons for the time being entitled to receive and give a discharge for the monies then owing on the security of these presents. PROVIDED ALWAYS that the said Samuel J. Merrick his exors: admors: or assigns shall not be answerable for any involuntary losses which may happen in the exercise of the aforesaid power and trusts or any of them PROVIDED however that the power of sale lastly hereinbefore conferred on said Samuel J Merrick shall be in addition to and not in substitution for the power of sale implied in and given by said Mortgage of 10th September 1888

PROVIDED that if the said Richard W Long or any other trustee to be appointed by virtue of these presents shall or desire to be discharged or refuse or become incapable to act or go to reside out of Ireland then in any such event in shall be lawful for the said Samuel J Merrich his exors: admors: & assigns so long as any money for principal or interest shall be due to him or them upon the security of these presents, and after such principal and interest shall be fully paid then for the person or persons beneficially entitled to the rents and profits of said premises for the time being to nominate and appoint a new trustee of these presents in the place of the said Richard William Long or in place of such new trustee so dying refusing or becoming incapable to act, or going to reside out of Ireland.

AND the said Richard William Long doth hereby Convenant with the said Samuel. J.Merrick that so long as any principal or interest shall be due to the said Samuel J Merrick his exors: his admors: and assigns that he the said Richard William Long will apply the rents issues and profits of the premises hereby assigned to him in trust in manner hereinbefore provided and will furnish to the said Samuel J Merrick at least once every year a full and detailed statement of accounts shewing the amounts received out of the premises and all monies disbursed by him for outgoings connected therewith and produce proper vouchers for same to the satisfaction of the said Samuel J Merrick.

PROVIDED also that if the said Henry Long his heirs exors or admors or the said Richard W Long or other the trustee for the time being shall on or within 60 days next after / every 14 day of March and 14th day of September pay to the said Samuel J Merrick his exors: admors: and assigns interest on the said sum of 937 pounds 3 shillings or such principal sum as shall be due from time to time on the security of these presents at the rate of 5 (pound sing and % sign) per ann and shall also pay to the said Samuel J Merrick his exors: admors: and assigns the yearly sum of 100 pound in reduction of the principal sum due for the time being on or before the 14th day of October in each year so long as any money shall be due on the security of these presents then and in such events the said Samuel J Merrick his exors: admors: and assigns shall not call in the said principal sum or enforce payment thererof except at the rate of 100 pounds in each year as aforesaid. In WITNESS whereof the said Bank has hereto affixed its common Seal and the other parties have set their hands and affixed their seals the day and year first written.

Executed by the Provincial Bank of Ireland Limited in the presence of:

Henry Thomson Bank
Clerk
Stuart Hog (Directors)
8 Throgmorton Avenue EC
H.H. Dobree (Seal)

C Chambers, Secretary
A. B Robertson
Of same address and description
Henry Long (Seal)

Saml. J. Merrick (Seal)

Richard Wm Long (Seal)

SIGNED SEALED and Delivered by the said Henry Long, Samuel J. Merrick and Richard William Long the work 'Pounds' being interlined On the second page, the words 'unto the said Bank their successors & assigns' 'to the said Bank except the sd: house in Friar Street 'granted to the said Alicia Merrick' 'One hundred 'pounds per annum' being interlined on the 4th page 'to be applied' written on erasure on the 5th page and 'except the said 'house in Friar St granted to the said Alicia Merrick her 'heirs and assigns as aforesaid' interlined on the 5th page and regularity of such payments not with standing any impropriety being interlined on the sixth page and 'fourteenth' written erasure on this page.

William Hodnett, Youghal, Co Cork. Solr

William J Verlin, Youghal, Co Cork, Solr.

A memorial hereof was entered in the Registry of Deeds Dublin, at 15 mins after one o' clock on the Ist October 1891 Book 45. No 133 and the execution hereof and of said memorial was duly proved.

Signed: F A Fanning A R.
Fees 18 pounds

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