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Peculiar Potter of Tuam marriage deed

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Peculiar Potter of Tuam marriage deed

Posted: 17 Apr 2001 6:00AM GMT
Classification: Deed
Edited: 16 Jul 2001 1:26PM GMT
Surnames: Potter, Malley, Trench, Naughton, Finnegan, Parsons, Sandford
Abstract of Potter-Malley marriage deed memorial

Book 228 Page 507 Number 557242 Dated Sept.22, 1827

Memorials kept at Henrietta St. Registry of Deeds don't give every word of the original deed, but summarize the transaction and responsibilities. I would like very much to see the entirety of this one:

Party of 1st part: Lewis Potter of Tuam, County of Galway,Esq.
2nd part: Robert William Potter, eldest son of said Lewis P.

3rd part: John Malley of Castlebar, county of Mayo, merchant and Elizabeth Malley, eldest daughter of sd John Malley

4th part: William le Poer Trench,Clerk [clergyman] Rector of Killerain in Co. of Galway, a trustee for the purposes therein mentioned.

Reciting that Lewis Potter was [owner in fee] of lands of Kilcloughlans, containing 17 acres and __perches situate near town of Tuam, Co. Galway.

And reciting that a marriage was intended between Robert William and Elizabeth and that it was agreed that said hereditataments should be [settled on them for purposes expressed]
Lewis Potter released unto Le Poer Trench as trustee the lands of Kilcloughlans lately in possession of representatives of Francis Naughton, deceased, plus ppart thereof in possession of Thomas Finnegan. Le Poer Trench , his heirs and assigns, seem also to benefit "for ever."
With Rev.Trench as trustee, Lewis Potter for his natural life is to continue his use of the property and on his death these benefits go to Robert William Potter who is to have use in the same manner "without impeachment of waste"for his natural life. Then to his eldest or only lawfully begotten son and to that son's eldest son, lawfully begotten. But if the eldest son has no son, lawfully begotten, the rights shall pass to the second son, third, fourth, etc, etc! and from each to his eldest, then second etc, great emphasis throughout on lawfully begotten.

Should Robert William have no son, l.b.,the rights go to Dennis Potter, the THIRD son of Lewis Potter. From him to sons, l.b., in the same order.

Should Dennis have no qualified sons, the property is to go to Lewis' second son, Samuel, his sons, their sons, lawfully begotten. Failing Samuel's progeny, "to the use of said Lewis Potter, his heirs and assigns for ever." [Who might these be? Girls or unlawfully begotten persons?]
Each who is in possession may enjoy the lands "without impeachent of waste" and may lease property to other persons for up to thirty-one years.
The deed is witnessed by Charles Parsons and Beech Sandford

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