Memorial Deeds

The agreement involves 7 individuals some of whom have joint or shared interests, and so are referred to collectively. The use of the terms first party, second party etc are to avoid repeating all the names throughout the contract. In this case:

The first group (or party) is William Jones alone.

The second is Rev Downes and his daughter Louisa,

The third is Arthur Fitzgerald and Abel Onge

The fourth is Nathaniel Card & John Shields.

I obviously haven?t seen the whole deed and so can?t explain precisely what it says but I would expect it to detail what each of the 4 groups of people has agreed to do, and what they will get in return, together with any penalties for breach of contract. I can?t explain why there is no apparent benefit to the fourth party. However they must have had some involvement, otherwise they wouldn?t be mentioned. I note that they were merchants. I suspect that they may have advanced a mortgage on some land or property mentioned in the deed, and accordingly have a legal interest in any sale, transfer of ownership remortgage etc that may be detailed in the deed. (I see that the deed mentions ?two parcels??? I expect that was two parcels of land, which William Jones was apparently selling to Arthur Fitzgerald & Abel Onge. Hence my suspicion there may have been a mortgage. But just a guess at this stage since I can?t see the whole document.).

The Marx Brothers film ?Night at the Opera? had a sketch which made fun of this obscure and sometimes confusing legal terminology. Perhaps I should let them explain what it all means:

Groucho Marx: Now pay particular attention to this first clause, because it's most important. There's the party of the first part shall be known in this contract as the party of the first part. How do you like that, that's pretty neat eh?

Chico Marx: No, that's no good.

Groucho Marx: What's the matter with it?

Chico Marx: I don't know, let's hear it again.

Groucho Marx: So the party of the first part shall be known in this contract as the party of the first part.

Chico Marx: Well it sounds a little better this time.

Groucho Marx: Well, it grows on you. Would you like to hear it once more?

Chico Marx: Just the first part.

Groucho Marx: What do you mean, the party of the first part?

Chico Marx: No, the first part of the party, of the first part.

Groucho Marx: All right. It says the first part of the party of the first part shall be known in this contract as the first part of the party of the first part, shall be known in this contract - look, why should we quarrel about a thing like this, we'll take it right out, eh?

Chico Marx: Yes, it's too long anyhow. Now what have we got left?

And so on. Hopes that clears it up for you!

Elwyn

Haha

Oh Elwyn

Cracks me up!

Thank you.

As you may have already learned, Dive Downes was Bishop of Cork.

The Downes also held property in Donnybrook. We are interesting in hearing more about your document, and your interest in these transactions.

Onge, of course, is also a unique name, and a prominent name in Ireland history, giving you a strong launching point for research into the names you are working with.

These were established familys and should have plenty of good material to explore.

There is a Dive Onge in property transactions, perhaps related to both families?

http://landedestates.nuigalway.ie/LandedEstates/jsp/family-show.jsp?id=3482

We will be glad to hear about your research interests, sources, and processes, which will be of help to others working on these parishes, and with these types of documents.

Hi I am very lucky and "cursed" sometimes to have unusual names to research.

Much was opened up to me thanks to another family member who visited Ireland recently and hit the books.

that said the The Property Registration Office in Dublin is fabulous at sending out deeds when requisitioned.  The challenge is working out what deeds exist.  I find deeds a wonderful source of information - especially marriage deeds.

Downes and Onge are great to research because they aren’t common names true.  Yes Dive Onge is on my tree too he was the brother of my 3rd Great Grandmother.

I know that a lot of people don’t like digressing to siblings but I find that working with siblings can help break down brick walls, and it also helps paint a picture of the family.  Further men are often easier to research than our women.

The Bishop of Cork is again not in my direct line but helped with finding parents etc.

The name Dive Downes though gets interesting as there were about 5 of them and all in the tree, from deeds to visitations to trinity college records you get to paint an accurate picture.

The trail leads to DYVE the surname - Beuselin de Dive - and that is also a very interesting journey to the harbour of Dives-sur-Mer in 1066.

I think the most interesting of all is that Sir John Dive married Isabel Hastings, my 12th Great Grandparents.

Of course from there the journey back becomes easiier - there is so much data available like Collins’s Peerage of England, The Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom, Plantagenet Roll of the Blood Royal.

William the Conqueror I now know is my 26th Great Grandfather and beyond to Richard 1st Viking Ruler of Normandy. 

I still enjoy coming "back to the future" and looking through deeds from the 1700's it gives such insight into a family.  I have about 7 more deeds on order at the moment and cant wait to get them.  I am happy to share information with anyone interested in these names.

Karen