STATEMENT OF TITLE TO THE LANDS OF BALLYOGLOGHS IN THE

COUNTY OF ANTRIM
5th JULY 1824
FEE 6:16:6
(signed by)

McNaghten of Summer Hill

Statement of Samuel Allen Esquire Title to the two Quarters of Land of Ballyogloghs
agreed to be sold to Hugh Anderson Esq the younger
28th February 1735
That the Right Honorable Alexander Earl of Antrim having full power to do so,
he by Indenture of the date in the Margin for and in Consideration of the sum of
350 and also of the Rents Covenants and services therein Specified Granted
Released and Confirmed unto John Cuppage of Ballypatrick in the County of Antrim
Esquire, All that the Quarterland of Ballypatrick situate in the Barony of Dunluce
together with the two Quarters of Land of Ballyogloghs situate in the Barony of Cary
in the said County of Antrim then in the pofsefsion of the said John Cuppage and his
undertenants with the rights Members and appurtenances(Excepting as therein as
excepted) To hold the said premises unto the said John Cuppage his Heirs and
afsigns for ever - Subject to the yearly Rent of 20 with 6d in the pound Receivers
fees - And which Indenture was duly Registered shortly after the Execution thereof
7th June 1751
Of this date the said John Cuppage made his last Will and Testament duly
attested in the presence of three witnefses and thereby left and bequeathed unto
his son Alexander Cuppage the said lands of Ballypatrick and the two Quarterlands
of Ballyogloghs with other Lands therein mentioned and to his Heirs male with
several Remainders over and if said will appointed his said son Alexander residuary
Legatee, who proved said will in Common form in the Prerogative in June 1752, the
Executors named in the said will having renounced
That the said Alexander Cuppage in Order to Bar the remainders over in said
will in Easter term 1754 suffered a recovery of the Lands so bequeathed to him by
his said Father and amongst the rest of the said two Quarters of Land of
Ballyogloghs
27th April 1762
That by Indenture of the date in the Margin and made between the said
Alexander Cuppage by the description of the Reverand Alexr Cuppage of Ballycastle
in the County of Antrim Clarke the Eldest Son and Devisee of John Cuppage late of
Garden Hill in the said County Esquire deceased and Mary Cuppage his wife of the
one part and James Leslie of Stronocum in the said County of Antrim Esquire of the
other part whereby after reciting amongst other things the said Fee Farm Rent from
the Earl of Antrim to the said John Cuppage of the lands of Ballypatrick and
Ballyogloghs, and reciting the Death of the said John Cuppage and the devise in his
will of the said Lands to his said son Alexander and the Recovery so suffered by the

said Alexander in Easter 1754 for the purpose of destroying the Estate Fail given to
him by said will and all remainders Expectant thereon and reciting that the said Alexr
Cuppage had contracted and agreed with the said James Leslie for the absolute
sale of the premises in said Indenture mentioned, and that to make out a good and
sufficient title to the said James Leslie and to Bar the said Mary of all Dower out of
said premises, It was also agreed that the said Alexander Cuppage and Mary his
wife would as of Trinity Term their last part levy one or more Fine or Fines
surcognizance De Droit Come Ceo and sofeith of all and singular the said premises,
and which Fine had been levied accordingly and was thereby declared to be and
Enure to the use and bepoof of the said James Leslie and his Heirs for Ever, The
said Indenture now in recital witnefsed that in Consideration of the sum of
2945:4:6 Sterling to the said Alexander Cuppage and Mary his wife paid by the said
James Leslie, They the said Alexander Cuppage and Mary his wife Granted released
and Confirmed unto the said James Leslie (in his pofsefsion then living by virtue of a
Lease for a year therein recited) and to his Heirs and afsigns for Ever, All that and
those the said Quarterland of Ballypatrick and the said two Quarters of Land of
Ballyogloghs with the other lands therein mentioned with the appurtenances To hold
the said premises unto the said James Leslie his Heirs and afsigns for Ever, subject
to the Rents reservations and Covenants in the respective grants of said Lands
respectively mentioned and reserved, and which said Indenture was duly Registered
on the 21st of June 1762, and the Fine therein mentioned was duly levied by
Alexander Cuppage and wife at the time in said Indenture mentioned
9th March 1763
On search in the Registry Office it appears that by Indenture of the date in the
Margin the said James Leslie and Elizabeth his wife in Consideration of 833:7:0 and
of a further sum of 800 Granted the said two Quarters of Land of Ballyogloghs with
other lands unto Michail Cromie Esqre Subject to redemption
21st &22d July 1774
It also appears on said Search in the Registry office that by Indenture of the
date in the Margin the said Michael Cromie in Consideration of 1720 and the said
James Leslie in consideration of 4280 making together a sum of 6000 Granted
unto Josias Dupre Esquire the said two Quarterlands of Ballyogloghs with other
lands subject to Redemption
22d July 1789
And it appears by said search in the Registry Office that by Indention of the
date in the Margin Rebecca Dupre James Alexander and Charles Foreman
Executors and Trustees of the said Josias Dupre in Consideration of 6000 and with
the Consent of the said James Leslie Granted unto James Law of London Esquire
the said two Quarters of Land of Ballyogloghs with other Lands subject to
Redemption
20th Sept 1792
That the said James Law of the date in the Margin filed his Bill in the Court of

Exchequer in Ireland to foreclose the said Mortgage and for a sale of the said
premises so granted to him, and a final Decree was pronounced in said Cause on the
25Tn of February 1794 whereby it was Decreed that the said James Leslie should
within Three Calendar Months pay to the plaintiff in said Cause (the said James
Law) the sum of 6692:6:9 appearing due to him under said Mortgage with his Costs
and in default thereof that the said James Leslie should be absolutely Barred and for
ever foreclosed of and from right and Equity of Redemption of in and to the
Mortgaged Lands and premises in the pleadings mentioned and that the Chief
Remembrancer should set up and sell by public court the said Mortgaged premises
or a competent part thereof and that out of the Money arising by such sale the
plaintiff should be paid the said sum of 6692:6:9 with interest and Costs and that
the remainder if any of the Money arising by such sale should be paid over unto the
said Defendant James Leslie on his making out a good sure and sufficient Title to
the purchaser or purchasers of said Mortgaged Lands and premises
That on the 7th of May 1796 the said James Law the Plaintiff in said Cause
filed his supplemental Bill in the said Court of Exchequer whereby after reciting the
said Decree so obtained by him and the proceedings in said Cause he by his said Bill
stated that before he could carry the said Decree into Compleat effect the said
James Leslie died on or about the 19th of April 1796 without ifsue leaving the
Reverend Henry Leslie his Brother his Heir at Law having on or about the 3rd day of
June 1790 made his last will and Testament in presence of three credible
subscribing witnefses and thereby bequeathed all his Estates Real freehold and
personal to his wife Sarah Leslie her Heirs Executors administrators and afsigns for
Ever, subject to the payment of his Debts and thereof appointed the said Sarah
Leslie sole Executrix; and that the said Sarah Leslie had proved said will in some
Ecclesiastical Court - and further stating that on the Death of the said James Leslie
the said Cause and the proceedings had thereon had aleated, and that the said
plaintiff was entitled to have same revived against the said Henry Leslie and Sarah
Leslie the Heir and Executrix of the said James Leslie, And the plaintiff by said Bill
prayed that the said Decree might be carried into Execution against them - And the
said Henry Leslie and Sarah Leslie having answered said Bill, the said Cause came
on to be heard on the 11th of June 1796, when it was ordered that the said Decree
of the 25th of February 1794 should be carried into Execution against the said
Defendants Henry Leslie and Sarah Leslie
27th Feb 1797
That the Indenture of the date in the Margin and made between The Right
Honorable James Earl of Clanbrafsill Chief Remembrancer of his Majestys Court of
Exchequer in Ireland of the first part James Law of Portland Place London of the 2 d
part Sarah Leslie of Leslie Hill in the County of Antrim widow sole devisee and
Executrix of James Leslie of Leslie Hill aforesaid Esquire deceased and the
Reverend Henry Leslie of Tandragee in the County of Armagh Clarke heir at Law of
the said James Leslie deceased of the 3rd part John Parkes of the City of Dublin
Attorney at Law of the 4tn part and Samuel Allen of Allensbrooke of the 5th part Reciting the said Decree made on the 25 th Feb 1794 by the said Court of
Exchequer in the said Cause of James Law against James Leslie and that pursuant
to said Decree and several public advertizments in writing the said Two Quarters of
Land of Ballyogloghs were set up to be sold by the Chief Remembrancer by public

Court on or about the 27tn day of April 1795 subject to the yearly Fee Farm Rent of
10:5:0 being one half of the Rent and fees reserved by the original Fee Farm Rent
of said premises, The said John Parkes party to the Indenture now in recital
became the purchaser thereof In trust for the said Samuel Allen at and for the price
or sum of 4300 which sale was confirmed by Order hearing date the 12 th day of
November 1795 And reciting the death of the said James Leslie and his will and the
Decree pronounced on the 11th of June 1796 to carry the said former Decree and
proceedings therein into Execution and reciting that by an order made in said Cause
hearing date the 2nd of May 1796, It was ordered that the officer should Execute a
Conveyance of said Lands on the plaintiff or his attorney signing a receipt in the
Officers Book for 4300 being the amount of the said purchase Money on account
of the plaintiffs demand under the said Decree, The said Indenture now in recital
witnefsed that in pursuance of the said Decrees and orders and in consideration of
the said sum of 4300 to the said James Law in hand paid by the said Samuel Allen
the receipt of which was thereby acknowledged and was also acknowledged in the
said Chief Remembrancers Book pursuant to the said Order and in Consideration
of 10s/- sterling a piece to them the said Sarah Leslie, Henry Leslie and John Parkes
respectively paid by the said Samuel Allen. They the said James Law, Sarah Leslie
and Henry Leslie according to their respective interests in said premises granted
sold released and confirmed unto the said Samuel Allen (in his pofsefsion then
being by virtue of a Lease for a year therein recited) and to his Heirs and afsigns All
that and those the said two Quarters of Land of Ballyogloghs with all and every the
rights Members and appurtenances thereunto belonging, and all the Estate right
title interest use trust property claim and demand whatsoever both at Law and in
Equity of them the said James Leslie and Sarah Leslie of in and to said premises.
To hold the said Two quarters of Land with the appurtenances unto the said Sam l
Allen his Heirs and afsigns for Ever, subject to the said sum of 10:5:0 yearly as
and for the proportion of the Chief Rent and fees of 20:10:0 payable out of the said
lands with other lands to the Antrim Family - And which Indenture was Registered
on the 29th of October 1806
The said Samuel Allen immediately after the purchase under said Decree
entered into pofsefsion of said Lands and into receipt of the rents thereof
3rd July 1813
That by Indenture of the date in the Margin made between Thomas Ellis
Esquire, one of the Masters of the Court of Chancery in Ireland of the 1st part Sir
Henry Vane Tempest, the Countefs of Antrim his wife, Lord Mark Kerr and Lady
Charlotte Kerr otherwise McDonnell his wife which said Countefs of Antrim and Lady
Charlotte Kerr were the surviving Coheirefses of the late Marquis of Antrim, Lady
Frances Vane Tempest Daughter and Heirefs apparent of the said Countefs of
Antrim by the said Thomas Ellis her Guardian, The Honorable William Kerr Eldest
son and Heir apparent of the said Lady Charlotte Kerr by William Kerr Esquire his
Guardian of the 2nd part, The Right Honorable George Ponsonby Surviving Trustee
named in a Deed of Settlement Executed by the said late Marquis of Antrim hearing
date the 2nd of August 1790 of the third part Lord viscount Dungannon surviving
Trustee named in the last will of the said Marquis of the 4th part and the said Samuel
Allen then of Lisconnon in the County of Antrim Esquire of the 5th part Whereby after
reciting that by a Decree of the Court of Chancery made on the 23rd of December

1803 in a Cause wherein the said Sir Henry Vane Tempest and the said Countefs of
Antrim his wife were plaintiffs and the said Lord viscount Dungannon Lord Mark Kerr
Lady Charlotte his wife, the Honorable Henry Sheffington George Ponsonby Lady
Frances Vane Tempest the Honorable William Kerr and John Byrne Esquire were
defendants - It was ordered that Thomas Ellis Esquire should take an amount of the
personal Estate of the late Marquis of Antrim not specifically bequeathed which
came to the hands of Lord Dungannon, and also an account the Debts, Funeral
Expenses and Legacies of the said Marquis and in case of a deficiency of afsetts
for payment thereof, that a competent part of the said Marquis's Leasehold and
Freehold Estates should be sold for that purpose, and reciting that the said Thomas
Ellis had taken such accounts, and that the personal property of the said Marquis
was not sufficient to pay off said Debts Funeral Expenses and Legacies, and it
therefore became necefsary to sell certain parts of the Freehold and Leasehold
Estates of the said Marquis and of certain Chief Rents Fees and duties payable to
the said late Marquis, whereupon the said Master by virtue of said Decree and of a
subsequent Order bearing date the 12th of February 1811 and in pursuance of
several advertizments for that purpose, did on the 20tn of June 1811 set up to be
sold by public court in his office in the City of Dublin (amongst others) the said Head
or Chief Rent of 10:5:0 payable to the said late Marquis of Antrim out of the said
Lands of Ballyogloghs without the Royalties and the reservations in the Original
Grant of said premises Contained, together with certain other Chief or Head Rents,
and that the said Samuel Allen had become the purchaser thereof at the price or
sum of 3124, The said Indenture now in rental witnefsed that in Consideration of
the said Samuel Allen having paid the said sum of Money into the Bank of Ireland to
the Credit of said Cause, They the said Sir Henry Vane Tempest, Anne Catherine
Countefs of Antrim, Sir Mark Kerr, Lady Charlotte Kerr, Lady Frances Vane
Tempest, William Kerr, George Ponsonby and Arthur Lord Viscount Dungannon
according to their several and respective Estates and interests therein by the
Consent of the said Thomas Ellis Granted Sold released and Confirmed unto the
said Samuel Allen the said yearly Chief Rents and fees of 10:5:0 so payable out of
the said two Quarters of Lands of Ballyogloghs together with other Chief Rents
payable out of other Lands To hold unto the said Samuel Allen by his heirs and
afsigns for Ever - and which Indenture was duly Registered
That a partition having taken place of the late Marquis of Antrims Estates
between his two surviving Daughters and Coheirefses the Countefs of Antrim and
Lady Charlotte Kerr, the Baronies of Dunluce and Cary were thereupon allotted to
Lady Charlotte Kerr, and in the year 1818 the Royalties and other reservations
contained in the said Fee Farm Grant of the 20th February 1735 so far as they
extended to the said two Quarters of Land of Ballyogloghs were sold to the said
Samuel Allen by Thomas Ellis Esquire the Master under the said Decree of the 23rd
December 1803 and a regular Conveyance thereof was executed to him by the said
Master and all the necefsary parties
8th March 1820
That by Indenture of the date in the Margin the said Samuel Allen being in a
declining state of Health in Consideration of love and affection sold afsigned
released and confirmed unto his only son Samuel Allen the younger all and singular
his Estates Real Freehold and personal of which he was then seized pofsefsed or

Entitled unto in the County of Antrim or Elsewhere and the reversion and reversions
remainder and remainders yearly and other the Rents ifsues and profits thereof
(save and excepting thereout the denominations of Land called Cuppidale situate in
the said County) To hold to the said Samuel Allen the younger and to his heirs
exceors admors and afsigns subjects to the uses Trusts intents and purposes
therein after mentioned and Exprefsed of and concerning the same, that is to say,
that the said Samuel Allen should and might as soon as he conveniently might by
Sale Mortgage or by any other means he might think proper raise a sufficient sum of
Money to pay off all Debts due by the said Samuel Allen the Elder and which
affected his said Estates, and after payment of the said debts, In Trust to permit and
suffer the said Samuel Allen the Elder during his Natural life to receive the residue of
the Rents and profits of all said Estates, and from and after his decease that said
Lands should stand Charged with an annuity of 200 for the life of Frances Allen
the wife of the said Samuel Allen the Elder and 2000 for the use of the said Samuel
Aliens two Grand Daughters Frances Higginson Bayley and Letitia Bayley, and
subject to said Charges the residue of said Estates to Enure to the use of the said
Samuel Allen the younger his heirs and afsigns
The said Samuel Allen the elder died on the day of
Intestate leaving
the said Samuel Allen the younger his only son and Child him surviving and his said
two Grand Daughters who were the daughters of a deceased Daughter of his - his
widow is since deceased
That for the purpose of paying off some of the Incumbrances affecting the
Estates of the said late Mr Allen, his son the present Mr Allen hath agreed to dispose
of the said two Quarters of Land of Ballyogloghs to Hugh Anderson the younger for
the sum of 6125
The opinion of counsil is requested , whether a good and sufficient Title can
be made out to the said Mr Anderson of the said two Quarters of Land of
Ballyogloghs - And if there can, he will be pleased to direct what searches
should be made for Incumbrances, against whom and for what periods - And
upon the whole of the Case he is requested to give such general advice and
directions as he shall think necefsary for the safety of the purchaser

[ The attached opinion contains the following sentence "...I understand from Mr
McNaughten that Mr Leslie of Leslie Hill was the purchaser of Templepatrick and that
he ought to have in his pofsefsion the deed of the 20 July 1735 and that Mr Allen
never had it..."

5th July 1824 ]