Lynch, Mark: Marriage Settlement & Conveyance
Attested copy Marriage Settlement (1785) and Conveyance (1804).
Attested copy Marriage Settlement (17 January 1785) between Mark Lynch, merchant in partnership with his father (Patrick Lynch Mark) and Barbara Burke only daughter and heir of Stephen Burke (deceased). Wherein it is agreed with Patrick that £3,000 invested in the partnership as capital stock shall be considered the property of Mark, but £2,000 of it is to remain invested in the joint trade. After the death of Patrick or dissolution of partnership it shall be lawful for Mark to receive the £2,000. The remaining £1,000 shall be put in trust, in case Barbara should survive Mark, with Trustees, Francis Lynch, Lowberry, county Roscommon and Nicholas Lynch, town of Galway, Merchant.
Barbara’a father, Stephen Burke, died intestate in 1779 seized of an estate in fee and in several lands of Owernmore, Owerbegg and Cahirmacnally (Cahermacanally, Headford), in the barony of Clare, county Galway. However, his younger brother, William has subsequently instigated several suits claiming title to the lands which still have to be determined.
It is agreed that the £1,000 (part of the £3,000) together with the lands to which Barbara will become entitled shall be vested in the Trustees, with Mark and Barbara to receive yearly interest. However, should Mark become bankrupt the £1,000 and lands shall be held in trust for the support and maintenance of Barbara and any children from the marriage. Should Barbara survive Mark she is to receive an annual income of £100.
The Settlement stipulates that the lands may be leased but only for a lease not exceeding three lives or 31 years, they may also be sold but only for a figure exceeding £2,000. It also stipulates that the £1,000 may be used to purchase other lands but only for a lease exceeding 99 years. It is also agreed that the £2,000 which may be raised out of the sale of the lands, together with the £1,000 vested in the Trustees shall remain vested in them in trust for Mark to receive the yearly interest on the £2,000 and £1,000 or the yearly rents, issues and profits of the lands. However if Mark becomes Bankrupt during his natural life, the interest and rents shall remain in trust for the support and maintenance of Barbara and their children. If Barbara dies before Mark, he being Bankrupt, then the Trust is to be disposed of amongst their children or as directed by Barbara in her Will.
Conveyance (5th September 1804) - Bargain & Sale - between John Burke, eldest son of William Burke late of Ower, county Galway, and Mark Lynch, town of Galway, wherein Burke bargain, sold and released lands at Cahirmcnally and Owermore (totaling 120 acres), barony of Clare, county Galway to Lynch for Stg£315, and in lieu of £1,5000 trust money owed by William Burke (John’s father) to Lynch.