1958 Indenture between Elizabeth Brookes and May Torrens Champ

This Indenture made the Thirty First day of December One thousand nine hundred and fifty eight (31/12/58) BETWEEN ELIZABETH BROOKES of Parkholme, Youghal in the County of Cork widow and MAY TORRENS CHAMP of Main Street, Killorglin in the County of Kerry wife of Stanley Champ (here in after called the vendors) of the first part, THOMAS GORDON RICKERBY, 17 Carlingford Road, Drumcondra, Dublin, Analytical Chemist of the second part and IVY COLEMAN of Janeville, The Strand, Youghal, County Cork spinster (hereinafter called the purchaser) of the third part.

Whereas:

(1) By Indenture of lease dated the Twenty ninth day of February, One thousand eight hundred and forty eight (29/02/1848)and made between Thomas Murdock Greene of the one part and Jeremiah Long of the other part (hereinafter called 'the lease') part of the lands of Knockaverry containing two acres and thirty five perches or thereabouts therein more particularly described with the appurtenances thereof were demised to the said Jeremiah Henry Long from the Twenty fifth day of March One thousand eight hundred and forty seven for the term of three hundred years at the yearly rent of eight pounds and the convenants on the part of the lessee and conditions herein contained.

(2) At the date of his Will hereinafter recited the interest of the lessee in the lease was vested in Henry Long.

(3) The said Henry Long in or about the year One thousand eight hundred and seventy three (1873) built two houses on part of the premises demised by the lease known as Janeville and Aliceville and at the date of his will next hereinafter recited the said Elizabeth Brookes (in said Will called Lizzie Torrens) and May Torrens were in possession of or in receipt of the rents and profits of the premises known as Janeville.

(4) The said Henry Long made his Will dated the Twentieth day of December One Thousand nine hundred and six and thereby provided that other portions of the premises comprised in and demised by the lease namely the four houses known as Number 1, 2, 3 and 4 Gibralter Terrace were each to be subject to two pounds making up the said yearly rent of eight pounds reserved by the lease.

(5) The said Lizzie Torrens (now Elizabeth Brookes party here to ) intermarried with John Brookes on the twenty first day of April One Thousand nine hundred and nine (21/04/1909).

(6) The said May Torrens intermarried with Thomas Rickerby on the nineteenth day of April One Thousand nine hundred and eleven (19/04/1911).

(7) The said May Rickerby nee Torrens died on the 6th day of April One thousand nine hundred and twelve (06/04/1912) intestate whereupon the said Thomas Rickerby entered into receipt of a moiety of the rents and profits of the premises hereinafter assigned.

(8) There was an issue of the marriage of the said May Torrens and Thomas Rickerby one daughter the said May Torrens Champ party here to.

(9) The said Thomas Rickerby intermarried with the Annie Elizabeth Bennett on the twelfth day of August one Thousand nine hundred and nineteen (12/08/1919). (10) There was an issue of the marriage of the said Thomas Rickerby and Annie Elizabeth Rickerby one son the said Thomas Gordon Rickerby party hereto. (11) The said Thomas Rickerby made his will dated the Thirtieth day of May One thousand nine hundred and forty two and by bequethed all his residuary estate to his wife the said Annie Elizabeth Rickerby for her sole use.

(12) The said Thomas Rickerby died on the twenty fifth day of June One thousand nine hundred and forty two (25/06/1942) without having altered or revoked his said will and probate of the said will was granted forth of the Principal Probate Registry Dublin on the twenty third day of October One thousand nine hundred and forty two (23 /10/ 1942) to the said Annie Elizabeth Rickerby and William Henry Giles the executors therein named.

(13) The said May Torrens Champ entered into receipt of a moiety of the rents and profits of the premises hereinafter assigned on the death of the said Thomas Rickerby.

(14) The said Annie Elizabeth Rickerby made her will dated the eleventh day of October One thousand nine hundred and forty three (11/10/1943) and thereby devised and bequeathed all her property both real and personal to the said Thomas Gordon Rickerby and appointed him sole executor thereof.

(15) The said Annie Elizabeth Rickerby died on the sixth day of December One thousand nine hundred and fifty six (06/12/1956) without having altered or revoked her said Will which was duly proved on the twenty fifth day of February One Thousand nine hundred and fifty seven (25/02/1957) forth of the Principal Probate Registry of the High Court of Justice by the said Thomas Gordon Rickerby the sole executor therein named. (16) The Vendors have agreed with the purchaser for the sale to her for the sum of three hundred pounds of the heriditaments and premises known as Janeville, The Strand, Youghal, being portion of the heridaments and premises comprised in and demised by the lease and the said Thomas Gordon Rickerby has agreed to join in these presents in manner hereinafter appearing.

NOW THIS INDENTURE WITNESSETH that in pursuance of said agreement and in consideration of the sum of three hundred pounds now paid by the purchaser to the said Vendors in the proportions and manner following namely one hundred and fifty pounds to the said Elizabeth Brookes and one hundred and fifty pounds to the said May Torrens Champ (the receipt of which respective sums they the said Vendors do respectively hereby acknowledge) they the said Vendors as beneficial owners hereby assign and the said Thomas Gordon Rickerby for all his estate and interest and as personal representative of the said Annie Elizabeth Rickerby doth hereby assign and confirm unto the purchaser all that and those that part of the lands known as Janeville now stand situate in or near the town of Youghal in the Parish of Youghal Barony of Imokilly and County of Cork which said premises are part of the premises comprised in and demised by the lease and are more particularly delineated and described on the map or plan thereof hereon endorsed and thereon coloured pink together with the right as now enjoyed by the Vendors in common with all other persons having the like right for the said purchaser her executors administrators and assigns the owners or occupiers of the said premises her and their undertenants and servants at all times hereafter but on foot only and for all purposes connected with the use and occupation of the said premises to go and return along and over the private way leading from the public road from Cork to Youghal to the public road known as the Golf Links Road and coloured blue on the map endorsed hereon TO HOLD the same unto the said purchaser henceforth for all the residue now unexpired of the said term of three hundred years granted by the said Indenture of lease subject henceforth to the performance and observance of the covenants (other than the convenant for the payment of rent).

The said purchaser hereby covenants with the said Vendors and as a separate covenant with each of them that she the said purchaser and her assigns will henceforth during the said term perform and observe the convenants on the parts of the lessee and the conditions contained in the said lease (save the convenant to pay rent) and will at all times keep the Vendors and the said Thomas Gordon Rickerby their respective heirs executors and administrators effectually indemnified against all actions and proceedings costs damages expenses claims and demands whatsoever by reason of or on account of the breach of non performance and non observance of the said covenants (save the convenant to pay rent) and conditions or any of them.

IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds five hundred pounds and the said Ivy Coleman to whom the entire beneficial interest in the property is here by transferred certifies that she is an Irish Citizen.

IN WITNESS whereof the parties of the first second and third parts have hereunto set their respective hands and affixed their respective seals the day and year first herein written

Signed sealed and delivered by the said Elizabeth Brookes in the presence of
William R. Hodnett, Youghal, County Cork Solicitor.
James Murray, Youghal County Cork Law Clerk

Signed sealed and delivered by the said May Torrens Champ in the presence of
Charles Ryder Killorglin County Kerry Secondary Teacher
William K Philipps Lieut. Killorglin County Kerry, Army Officer

Signed sealed and delivered by the said Thomas Gordon Rickerby in the presence of
Charles(?) G. Fry Solicitor and James N. L. Crosbie Law Clerk
Both of 14 Lower Mount Street, Dublin

Signed Sealed and Delivered by the said Ivy Coleman in the presence of
Mrs Florence Bowdley
Mount Cottage
35 Somerford Road
Cirencester Glos
Ladies Maid.

Thos Exham & Sons, 10 South Mall CORK [E F Coollins (or Cootlins) Solicitor].

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Page's Author: Richard Torrens
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Last modified: Fri, 01 Dec 2017 14:43:16 GMT
First 1st December 2017.
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