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Crossle Record

Page 89


(169) Exchequer Bill:
John Beaty, Plt.  Edward Ellis, Deft,      Bill 9 Feb. 1746[-7]
Answer 20 Feb. 1746[-7]

Plaintiff John Beatty of the town of Monaghan, gent, sheweths.  That John Usher, late of the city of Dublin, Esq. dec'd being seized in fee of one moiety of the town borough and Lordship of Monaghan, co Monaghan, did by indenture dated 16 July 1694 to farm let to Thomas Ellis late of the town of Monaghan, gent., dec'd part of said Usher's said moiety Viz:  that tenement in the town of Monaghan adjoining to the churchyard of the town of Monaghan fronting the market and containing 56 feet front together with so much of the garden of the castle in the town of Monaghan as was set to sd Thomas Ellis together with freedom of the ? to the back part of said house where the ? to said castle formerly was, to hold to Thomas Ellis for the lives of him sd Thomas Ellis and of his son Robert Ellis and of Christopher Usher eldest son of said John Usher, and survivor of them at £3 rent with covenant of renewal forever on payment of a fine of £1--10/-- for each new life.  That Thomas Ellis built a large dwelling house on said tenent and died about the year 1715 -- having made his will whereby he, inter alia, bequeathed to his wife Elizabeth Ellis said tenent by the name of the house he then lived in, but should she marry again to forfeit said, tenent and same to be equally divided among his sons Usher Ellis, Edward Ellis, and Samuel Ellis and his daughter Rebecca Ellis, and the child his wife was pregnant with, and should any child die  under 21 share to the survivor of them, and appointed Henry Richardson, Esq.  John Gillmore of Monaghan, merchant, and Richard Robbison of Monaghan, gent (all 3 since deced) to be overseerers.  That his widow Elizabeth afterwards married with John Thompson, gent (since deced)  whereby she forfeited her estate in said tenet,  and said Usher, Edward, Samuel and Rebecca, and the child she was pregnant with became intitled thereto.  That the child she was pregnant with at her husbands  death and said Usher Ellis died in their minority and unmarried  That said Rebecca Ellis married Arnold Cosby of Skea, co. Cavan, Esq. and is still living.  That Samuel Ellis died about 10 years ago but was of the full age of 21  So that said Rebecca Ellis alias Cosby under the will of Thomas Ellis is intitled to a moiety or 2/5th parts of said tenent together with Edward Ellis.  That Edward Ellis and his brother Samuel from the time of the marriage of Rebecca (which was about 16  or 17 years ago) were jointly seized of said tenent till Samuel died.  That when Samuel died Edward Ellis gave out that he was heir to the whole tenement as brother and heir to Samuel in a much as  Rebecca had released her share therein to Samuel and Edward her brothers.  That Edward Ellis in Aug. 1737

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