Appendix D

Appendix D

29 February 1792

ROD: 622 244 429331

To the Register appointed by Act of Parliament for Registering Deeds, Conveyances and so forth…

A memorial of indented deed of marriage settlement bearing the date the twenty ninth of February one thousand seven hundred and ninety two and duly executed between James Breakey, son of Isaiah Breakey of Milford in the county of Monaghan linen draper, of the one part, Mary Fleming eldest daughter of Ann Fleming of Bawn in the County of Meath widow, of the second part, the said Isaiah Breakey of the third part, the said Ann Fleming of the fourth part, Patrick Boyd of Bawn in the County of Meath, Gent., and William Breakey of Drumskelt in the county of Monaghan linen draper of the fifth part.

Reciting that a marriage was to be had and solemnized between the said James Breakey and the said Mary Fleming and reciting that the said Isaiah Breakey was then seized and pofsefsed of the town and lands of Derry with part of the town and lands of Millmore in the county of Monaghan containing in the whole eighty four acres three roods Irish measure and the one half of the turf bog of Millmore by virtue of a lease to him thereof made by John Ker Esq. dated the twenty fourth of May one thousand seven hundred and eighty one during the term of twenty one years renewable forever and reciting that the said Isaiah Breakey did in order to provide for the said James Breakey did grant bargain and sell to the said James Breakey his Heirs, Ex’cors Adm’ors  and Afsigns  thirty acres of the said lands of Derry and Millmore with one third part of the bog of Millmore, he the said James Breakey his Heirs, Ex’cors Adm’ors paying a proportion able [sic]  part of the chief rent that the said Isaiah Breakey was bound to pay and reciting that the said Ann Fleming was then pofsefsed of the town and lands of Bawn, C [illegible],  part of Mullaghavally, [appears as Clocksteukagh]  and Corranery situate in the counties of Meath and Cavan by virtue of the last will of David Boyd then late of the county of the city of Dublin to hold to the said Ann Fleming during her natural life, and after her death to go to the  nephews and nieces of the said David Boyd children of William Fleming share and share alike and

The said Ann Fleming in order to provide for the said Mary Fleming in consideration of said marriage did grant and agree with the said James Breakey his Heirs Ex’cors Adm’ors and afsigns should take and receive out of the profits of all the said lands of Bawn, C [illegible], part of Mullaghavally, [appears as Clocksteukagh] and Corranery the [illegible] yearly sum of twenty five pounds str. And reciting that the said James Breakey in consideration of said marriage and other the considerations therein mentioned did grant bargain release and confirm unto said Patrick Boyd and William Breakey their heirs Ex’cors Adm’ors and afsigns all his estate, right, title and interest in the said thirty acres of the lands of Derry, Millmore and turf bog of Millmore to hold to the said Patrick Boyd and William Breakey their Heirs, Ex’cors Adm’ors and afsigns in trust to the use of the said James Breakey during his natural life and after his death in trust for the said Mary Fleming and her ifsue but to permit the said James Breakey and his afsigns to receive the ifsues and profits thereof during his life  and after his death in case he should be without ifsue, then to the use of the said Mary Fleming in case she should survive him the said James Breakey, to receive thereout the yearly sum of thirty pounds st. payable half yearly after the death of the said James Breakey and in which said died.

There are other clauses and covenants, and is witnefsed by James Leeky of the town of Monaghan, att’y, William Breakey of Lea, Gent both in the county of Monaghan and the Rev’d William Moore of Kingscourt in the county of Cavan and this memorial is also witnefsed by the said James Leeky and John Gibson of Drumlun in the county of Cavan, Gent. and by [the following name is in different handwriting; is the same name as the individual taking the affidavit and  in the same handwriting; and is barely legible.  It appears to be Mic’l  ---ningham.]

                                                                          

Signed and sealed in presence of

John Gibson

James Leekey

Mic’l   ---ningham

            The above named James Leekey aged thirty years and upwards maketh oath and saith he is a subscribing Witnefs to the deed of settlement whereof the above writing is a memorial and saw the same duly [illegible] by the said Isaiah Breakey and is also a subscribing Witnefs to this memorial  and saw the same duly signed and sealed by the said James Breakey and saith the name James Leekey subscribed as a Witnefs is the depont’s  proper name and writing.

            Sworn before me at Kings Court in the county of Cavan this 24th day of July 1810 by virtue of a commifsion to me directed for taking affid’ts and [illegible] from the deponent.

                                                                        Mic’l   ---ingham

Addendum:

It is recorded  in family tradition that the James Breakey,  son of  Isaiah Breakey, who settled in Sullivan County, New York, USA  circa 1818 was  married  to Lady Mary Fleming [or, depending on sources, Katherine Fleming Stanton. Once again it is of interest that the original memorial was dated 29 February 1792, but not registered until 24 July 1810 (Ffolliott, 140 - 141).   Is it possible that Mary Fleming died before the intended marriage could occur, and that James Breakey ultimately married Mary's sister, a widow known as Katherine Fleming Stanton?].  Based upon the  research conducted by many Breakey descendants from  this line and shared with author M. Breakey, in addition to the  above marriage settlement, we propose the following family lineage:

Isaiah Breakey of Milford, Latton Township, County Monaghan, Ireland -

James Breakey  [who had a sister named Harriet who married a Fleming]  married Mary Fleming, or, Katherine Fleming Stanton, and had issue;

 [The following are taken from the files of author M. Breakey]

1. Isaiah Breakey born 1798; died 2 January 1871.  Married first Polly Ann Lyons, born 1802, died 25 June 1844,  and had issue: Anne Maria, born 17 October 1824 married George Fayerweather; Thomas, born 8 September  1826, died 16 September 1826; James, born 8 September 1826, died 20 September 1826;  Lois, 3 February 1828, died in Michigan 7 May 1875, married 1857 James L. Palmer;  James Wheeler,  born 25 May 1830, died 10 April 1867, married Sarah Everhard; Thomas Edwin, born 20 June 1833, married first or second Frances Brown; William Fleming, born 10 September 1835, died 13 February 1915, married first Jennie Stevens; married second Maria Louise Renville;  Minerva J;  John, married D. Brown; Susan.  Isaiah married second Mary Coddington, born 26 November1814, died 19 August 1894, and had issue: Addie; Margaret Clara, born 1849, married Thomas Bryant; Emma married 18 March 1872 David Stephenson;  Isaiah Franklin,  born 1854, died 1934,  married Louise Marie ?; Mary Frances; Sylvia married George Waddell.

Tombstone of Isaiah Breakey 1798 - 1871 buried in Bethel Cemetery, Sullivan County, New York.  Inscription at the bottom of the stone reads: A descendant of the French Huguenots born in County Monaghan Ireland.  Photographed by M. Breakey in the early 1980s.

Family tradition also states that James Breakey, father of Isaiah Breakey, was buried at the foot of this plot, however, cemetery records do not indicate such.

2. John Fleming Breakey born 1807, died August 1874, married Eloisa [Alisha] Lyon, died age 80 in 1886, and had issue: Mary, born 1830 married James Waddell; Amelia [Anna] born 1832 married William Waddell; Sarah, born 1834 married James Dickinson [Dixon]; Andrew Fleming, born  1828 [?] married Jennie Wray; John Abner, born 1841 married Mary Campbell; Russell, born 1838, alive in 1860; Kate, born 1844/5, died 1922 married William Lyon - no issue.

3. William Breakey [possibly]

4. Andrew [possibly]

5. Jane, married Mr. Everhard

6. Ann, married Mr. Robson/Roulston

7. Sarah unmarried