[CoTyroneMailingList] Passing on of Tenancies

[elwyn soutter via CoTyroneList]

Marion,



You discuss the introduction of wills as legalizing the process. Wills have
been around for a very long time and it’s perhaps worth mentioning that
your ancestors may well have had wills that detailed the various
inheritances you suspect just went through perhaps on the nod.  That
there’s no entry on the PRONI wills site doesn’t mean they didn't make a
will.



A little about probate law in Britain and Ireland.  There’s no requirement
to register a will anywhere and not all wills require probate, even today.
Probate is required if inheritance tax is due (used to be called estate
duty). It is also often required where the person has significant sums of
money in investments and bank accounts, because the financial institutions
usually won’t release the money without it.  But in the past lots of wills
didn’t require probate, especially if the assets were moveable or in joint
names. PRONI will only have a will or administration file if probate was
required.



Let’s say you were a farmer in Rabstown in the mid 1800s. You have a wife,
a son and daughter living with you, 2 sons in America, and your brother who
lives nearby. You make your will. It specifies:



Your wife gets a life interest in the farm

After her death your son is to inherit it

Your daughter is to get £2 as are your 2 sons in America

Your brother is to get your sword from the battle of Waterloo.

The residue goes to your son.

You appoint your son as executor.



When you die, there’s a farm worth £100 with some cows, feed etc, and a tin
with £25 above the mantle piece. No inheritance tax/estate duty is due.
Your son goes to the tin above the mantelpiece and gives £2 to his sister
and sends 2 x £2 to his brothers in America. He hands the sword to his
uncle. Job done. The will then gets put in a box and forgotten about till
someone throws it out 10 years later. No copy ever goes to PRONI.



A second point about wills is that you should not just search the PRONI
site but also the Principal Probate Registry in Dublin.



http://www.willcalendars.nationalarchives.ie/search/cwa/home.jsp



When someone died and probate was needed, they had a choice of where to
apply. In what is now Northern Ireland there were 3 regional probate
offices ie Londonderry, Armagh & Belfast, but there were others scattered
around Ireland eg in Cork and Dublin. The majority of cases were dealt with
by the nearest office to where the deceased lived but some used Dublin.
Perhaps because the family had a lawyer there, or maybe because it was
easier to get to from where the executor lived. I can’t really say for
certain. So a small percentage of probate cases for Northern Ireland are in
the Dublin archives, and not in PRONI. Particularly for Fermanagh and parts
of Co Down but also Tyrone. There are 17,732 probate files for Co. Tyrone
in the Dublin records  (1858 – 1921) including 10 McCays.   Always a good
idea to check them. (You’ll find some are duplicates with the papers being
in PRONI too, but many are only in Dublin).



Hope this helps.







Elwyn
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Re: [CoTyroneMailingList] Passing on of Tenancies

[Marion via CoTyroneList]

I have been reading with interest all the correspondence related to leases. The 
vagaries of how they worked has long confused me. In the early 19th century my 
own ancestors , the McCays, were very lowly tenant farmers in Rabstown, Urney 
on land which I believe belonged to the church. There were two McCays noted in 
the Tithe applotment books. Archibald who held a lease as an individual and 
Thomas, who shared one with a group of others. The details are limited but as 
there were two neighbouring farms tenanted by McCays in the Griffiths valuation 
I assume they were inherited from Archibald and Thomas. I also assume these two 
were related, possibly brothers. Archibald doesn’t seem to have had sons to 
pass on his farm to but Thomas had 2 sons William, the eldest, and Charles. The 
Griffiths valuation shows them with an individual farm each in Rabstown and by 
studying various maps I have concluded that William had Archibald’s farm while 
Charles had one based on where the shared lease of his father had been. 
Charles was unmarried and on his death, his farm passed to William’s son, 
another William, according to the Valuation Revision books. By 1890 William 
Senior felt the need to make a will, leaving all to his son but also providing 
well for his unmarried daughter. He died a few years later leaving his son as 
the tenant of two farms in Rabstown. I have no idea what part the landlord had 
in any of this. 
William Junior then proceeded to buy the tenancy of a much bigger and better 
farm in neighbouring Peacockbank in 1895. The purchase of this farm confused me 
a little as the the asking price of £1000 seemed huge when it didn’t include 
the freehold. Once the sale was completed William’s solicitor informed the 
Abercorn estate that they had a new tenant and that seems to have been 
accepted. About 10 years later he purchased the freehold under LAP.
About the same time he acquired another farm tenancy in Rabstown, from the 
widow of his cousin Alexander Wauchob, and installed his nephew, John Patrick, 
the eldest son of his deceased sister. There is a reference to this in the 
index of the registry of deeds and I assume he must have purchased this. 
William married late in life and was childless and his will is a mine of 
information. By this time he owned the freehold of one farm and the leases of 
three others but interestingly he doesn’t differentiate between them. They are 
all his farms, but their history is revealed in that he refers to the three 
farms in Rabstown as ‘ my uncle’s farm’, ‘my father’s farm’ and ‘Wauchob’s 
farm’. Although he provided for his wife, the farms were to be kept in the 
family. Wauchob’s farm went to his nephew John Patrick, and there were many 
small bequests to other members of his family from the female lines – McCays, 
Wauchobs and Patricks , everything else passed to his unmarried sister Mary Ann 
and then to her son John McCay – the only family member retaining that name, 
which I think is significant.
My purpose here I suppose is to stress the importance of the family in all 
these transactions. In the early days they seemed to be very informal 
assumptions that things continued as before with the families themselves 
sorting out the details of what was to happen. With the introduction of wills 
in the family this legalised the process but everything seems to have been 
decided already.
I would welcome any comments particularly about the assumptions and conclusions 
I have come to.
Regards  Marion Shephard

Sent from Mail for Windows 10

From: Peter McKittrick via CoTyroneList
Sent: 30 June 2020 04:45
To: elwyn soutter
Cc: Peter McKittrick; CoTyroneIreland.com Mailing List
Subject: Re: [CoTyroneMailingList] Passing on of Tenancies

Thanks, re LAP, was familiar with the term in fee.

According to Wikipedia there were early land purchase schemes involving loans 
but none as attractive as those under the Wyndham Act.

Peter

> On 30 Jun 2020, at 12:43 pm, elwyn soutter  
> wrote:
> 
> Peter,
> 
> LAP stands for “Land Act Purchase”. As far as I am aware, it was introduced 
> with the 1903 Land Act, often known as Wyndham’s Land Act, so you shouldn’t 
> see it in use before that year.  It provided the final piece of legislation 
> to make land ownership more reasonable in Ireland, especially for farmers. It 
> provided Government backed mortgages to finance the purchase of the land and 
> freehold, and there was also some sort of mechanism for bridging the gap 
> where a land owner and farmer couldn’t agree the price.
>  
> In the Valuation Revision books these purchases are marked with the letters 
> “L.A.P.” in purple ink, plus the relevant year is normally written in the 
> right hand column. The landlord’s name is deleted and the words “In fee” 
> inserted. In fee means you own the freehold.
>  
> Quoting from the Encyclopedia Britannica:
>  
> “At the close of the century, the Conservative

Re: [CoTyroneMailingList] Passing on of Tenancies

[Peter McKittrick via CoTyroneList]

Thanks, re LAP, was familiar with the term in fee.

According to Wikipedia there were early land purchase schemes involving loans 
but none as attractive as those under the Wyndham Act.

Peter

> On 30 Jun 2020, at 12:43 pm, elwyn soutter  
> wrote:
> 
> Peter,
> 
> LAP stands for “Land Act Purchase”. As far as I am aware, it was introduced 
> with the 1903 Land Act, often known as Wyndham’s Land Act, so you shouldn’t 
> see it in use before that year.  It provided the final piece of legislation 
> to make land ownership more reasonable in Ireland, especially for farmers. It 
> provided Government backed mortgages to finance the purchase of the land and 
> freehold, and there was also some sort of mechanism for bridging the gap 
> where a land owner and farmer couldn’t agree the price.
>  
> In the Valuation Revision books these purchases are marked with the letters 
> “L.A.P.” in purple ink, plus the relevant year is normally written in the 
> right hand column. The landlord’s name is deleted and the words “In fee” 
> inserted. In fee means you own the freehold.
>  
> Quoting from the Encyclopedia Britannica:
>  
> “At the close of the century, the Conservatives initiated a policy designed 
> to “kill Home Rule by kindness” by introducing constructive reforms in 
> Ireland. Their most important achievement was the Land Purchase Act 
>  of 1903, which 
> initiated the greatest social revolution in Ireland since the 17th century. 
> By providing generous inducements to landlords to sell their estates, the act 
> effected by government mediation the transfer of landownership to the 
> occupying tenants”.
>  
> Source:
> https://www.britannica.com/place/Ireland/The-rise-of-Fenianism#ref316060 
> 
>  
>  
> As I understand it, the widespread inability to buy their land was something 
> that galled many Irish farmers. (Landowners wanted the income rather than the 
> capital so they mostly didn’t want to sell, though you do see the odd sale in 
> the records). But for many farmers you got say a 30 year lease and spent half 
> your life improving the farm, only for the land owner to then put the rent up 
> because the place was now worth more, thanks mostly to your efforts. And if 
> you didn’t accept the increase, you could be required to leave.  No wonder 
> many farmers went off to live in a country where land was available for 
> outright purchase (often with grants). As the 1800s progressed various 
> piecemeal legislative changes were made, making it slightly harder for 
> landowners to hike up rents unreasonably. I don’t know the precise details 
> but latterly, in general, if a farmer had a longer lease and had been paying 
> his rent and abiding by the terms of the lease he had an almost guaranteed 
> right to renew, and there were statutory limitations on increasing the rent. 
> So it was a sort of security of tenure. Not nearly as good as freehold, but 
> certainly much more secure than the arrangements in the 1600s and 1700s when 
> it was fairly easy to evict tenants at the end of their lease, and/or hike 
> the rent up.
>  
>  
>  
> Elwyn
> 
> On Tue, 30 Jun 2020 at 01:22, Peter McKittrick  > wrote:
> Thank you, Elwyn.
> 
> Your explanation of “reps of” and background was very helpful. Obviously long 
> term leases could be dealt with as any other asset, but what threw me was 
> that I would have expected some more legal language (e.g. executor of……legal 
> representative of…etc).  
> 
> So the lease I have been looking at would have been in name of and signed by 
> Robert McKittrick and purely on an ex post basis, when the solicitors for the 
> lessor drew up the sale prospectus for sale in 1872, they found that the 
> lessee was deceased (1869) so they listed the Tenant as Representatives of 
> Robert McKittrick.  In fact son John was Occupier in 1860 (Griffith) when 
> Robert was still alive, so John would have probably occupied under a private 
> arrangement with his father and ran the farm (probably mainly flax growing) 
> paid the rates. Interestingly, looking more closely at the terms of the 
> subject lease, there was a clause against assigning, mortgaging, under 
> leasing or otherwise disposing of the interest, except by will, but  that 
> obviously did not prevent occupation by a son. But yes, you would expect that 
> “Reps of” could only operate under a will.
> 
> Another interesting feature of the lease arrangement was the existence of a 
> reversionary lease over part of the land involving a large (probably 
> prohibitive) rent increase for that part of the land at the expiration of the 
> main lease. The maps are only viewable on Find My Past in black and white and 
> the land subject to the reversionary lease is bordered in yellow so it's not 
> possible to easily identify the part involved and its significance.
> 
> 

Re: [CoTyroneMailingList] Passing on of Tenancies

[elwyn soutter via CoTyroneList]

Peter,

LAP stands for “Land Act Purchase”. As far as I am aware, it was introduced
with the 1903 Land Act, often known as Wyndham’s Land Act, so you shouldn’t
see it in use before that year.  It provided the final piece of legislation
to make land ownership more reasonable in Ireland, especially for farmers.
It provided Government backed mortgages to finance the purchase of the land
and freehold, and there was also some sort of mechanism for bridging the
gap where a land owner and farmer couldn’t agree the price.



In the Valuation Revision books these purchases are marked with the letters
“L.A.P.” in purple ink, plus the relevant year is normally written in the
right hand column. The landlord’s name is deleted and the words “In fee”
inserted. In fee means you own the freehold.



Quoting from the Encyclopedia Britannica:



“At the close of the century, the Conservatives initiated a policy designed
to “kill Home Rule by kindness” by introducing constructive reforms in
Ireland. Their most important achievement was the Land Purchase Act
 of 1903, which
initiated the greatest social revolution in Ireland since the 17th century.
By providing generous inducements to landlords to sell their estates, the
act effected by government mediation the transfer of landownership to the
occupying tenants”.



Source:

https://www.britannica.com/place/Ireland/The-rise-of-Fenianism#ref316060





As I understand it, the widespread inability to buy their land was
something that galled many Irish farmers. (Landowners wanted the income
rather than the capital so they mostly didn’t want to sell, though you do
see the odd sale in the records). But for many farmers you got say a 30
year lease and spent half your life improving the farm, only for the land
owner to then put the rent up because the place was now worth more, thanks
mostly to your efforts. And if you didn’t accept the increase, you could be
required to leave.  No wonder many farmers went off to live in a country
where land was available for outright purchase (often with grants). As the
1800s progressed various piecemeal legislative changes were made, making it
slightly harder for landowners to hike up rents unreasonably. I don’t know
the precise details but latterly, in general, if a farmer had a longer
lease and had been paying his rent and abiding by the terms of the lease he
had an almost guaranteed right to renew, and there were statutory
limitations on increasing the rent. So it was a sort of security of tenure.
Not nearly as good as freehold, but certainly much more secure than the
arrangements in the 1600s and 1700s when it was fairly easy to evict
tenants at the end of their lease, and/or hike the rent up.







Elwyn

On Tue, 30 Jun 2020 at 01:22, Peter McKittrick 
wrote:

> Thank you, Elwyn.
>
> Your explanation of “reps of” and background was very helpful. Obviously
> long term leases could be dealt with as any other asset, but what threw me
> was that I would have expected some more legal language (e.g. executor
> of……legal representative of…etc).
>
> So the lease I have been looking at would have been in name of and signed
> by Robert McKittrick and purely on an ex post basis, when the solicitors
> for the lessor drew up the sale prospectus for sale in 1872, they found
> that the lessee was deceased (1869) so they listed the Tenant as
> Representatives of Robert McKittrick.  In fact son John was Occupier in
> 1860 (Griffith) when Robert was still alive, so John would have probably
> occupied under a private arrangement with his father and ran the farm
> (probably mainly flax growing) paid the rates. Interestingly, looking more
> closely at the terms of the subject lease, there was a clause *against*
> assigning, mortgaging, under leasing or otherwise disposing of the
> interest, except by will, but  that obviously did not prevent occupation by
> a son. But yes, you would expect that “Reps of” could only operate under a
> will.
>
> Another interesting feature of the lease arrangement was the existence of
> a reversionary lease over part of the land involving a large (probably
> prohibitive) rent increase for that part of the land at the expiration of
> the main lease. The maps are only viewable on Find My Past in black and
> white and the land subject to the reversionary lease is bordered in yellow
> so it's not possible to easily identify the part involved and its
> significance.
>
> Later, from the Revision Books available at nidirect, John’s son Joseph
> inherited the lease or was at least occupier. As Elwyn states, things got
> better for Lessees as by a 1901 Revision Joseph held the land in fee (entry
> stamped L.A.P.-exact expansion of acronym yet to be found). I assume LAP
> indicates that Joseph took advantage of one or other of the attractive
> government purchase assistance schemes, probably one under which the money
> was lent over a long term, going by the date. Later schemes 

Re: [CoTyroneMailingList] Passing on of Tenancies

[Peter McKittrick via CoTyroneList]

Thank you, Elwyn.

Your explanation of “reps of” and background was very helpful. Obviously long 
term leases could be dealt with as any other asset, but what threw me was that 
I would have expected some more legal language (e.g. executor of……legal 
representative of…etc).  

So the lease I have been looking at would have been in name of and signed by 
Robert McKittrick and purely on an ex post basis, when the solicitors for the 
lessor drew up the sale prospectus for sale in 1872, they found that the lessee 
was deceased (1869) so they listed the Tenant as Representatives of Robert 
McKittrick.  In fact son John was Occupier in 1860 (Griffith) when Robert was 
still alive, so John would have probably occupied under a private arrangement 
with his father and ran the farm (probably mainly flax growing) paid the rates. 
Interestingly, looking more closely at the terms of the subject lease, there 
was a clause against assigning, mortgaging, under leasing or otherwise 
disposing of the interest, except by will, but  that obviously did not prevent 
occupation by a son. But yes, you would expect that “Reps of” could only 
operate under a will.

Another interesting feature of the lease arrangement was the existence of a 
reversionary lease over part of the land involving a large (probably 
prohibitive) rent increase for that part of the land at the expiration of the 
main lease. The maps are only viewable on Find My Past in black and white and 
the land subject to the reversionary lease is bordered in yellow so it's not 
possible to easily identify the part involved and its significance.

Later, from the Revision Books available at nidirect, John’s son Joseph 
inherited the lease or was at least occupier. As Elwyn states, things got 
better for Lessees as by a 1901 Revision Joseph held the land in fee (entry 
stamped L.A.P.-exact expansion of acronym yet to be found). I assume LAP 
indicates that Joseph took advantage of one or other of the attractive 
government purchase assistance schemes, probably one under which the money was 
lent over a long term, going by the date. Later schemes seemed to involve an 
outright grant. Joseph eventually sold the land to a Peter Donnelly.

Happy to see any further discussion!

Peter McKittrick


> On 29 Jun 2020, at 11:06 pm, elwyn soutter  
> wrote:
> 
> Peter,
>  
> Sorry if you feel I misinterpreted your words.  (You said: “may be to avoid 
> having to draw up a new lease until it was necessary.”)  Dodge wasn’t 
> intended in any pejorative way, simply as being expedient.
>  
>  
> Elwyn
> 
> On Mon, 29 Jun 2020 at 11:47, Peter McKittrick via CoTyroneList 
> mailto:cotyronelist@cotyroneireland.com>> 
> wrote:
> Just in case my email didn’t go to the mailing list, I’ll repeat my response 
> to Elwyn Souter: Elwyn, at no stage did I suggest it was a “dodge” thank you. 
> 
> Peter
> 
> Sent from my iPhone
> 
> > On 29 Jun 2020, at 8:16 pm, Peter McKittrick  > > wrote:
> > 
> > Elwyn, at no time did I suggest it was a “dodge” thank you.
> > 
> > Peter
> > 
> > Sent from my iPhone
> > 
> >>> On 29 Jun 2020, at 7:24 pm, elwyn soutter  >>> > wrote:
> >>> 
> >> 
> >> Regarding “reps of” cases, it was common for there to be significant 
> >> delays in winding up of some estates. That could be a combination of slow 
> >> or ineffective executors or it could be because there were disputes or 
> >> other legal matters which delayed things.
> >>  
> >> As a random search, I went to the PRONI wills website and looked for 
> >> people who died between 1858 and 1862 but whose estates were not granted 
> >> probate until between 1890 and 1900. There are 36 such cases.  So it took 
> >> up to 32 years for probate to be granted in a fairly significant number of 
> >> cases. And until that was done the executors had control over lease 
> >> renewal etc. So any property transactions relating to those estates would 
> >> have “reps of” for many many years. (It wasn’t a dodge to avoid a new 
> >> lease, as Peter suggests. It was just that the owner was dead but the 
> >> property had not yet been passed on formally to the person who had 
> >> inherited it. So the person with temporary jurisdiction, and landlord, was 
> >> the executor(s).
> >>  
> >> Here’s a William Bradley who died in 1877. Probate was finally granted in 
> >> 1940.  Just a slight delay of 63 years. (The estate was valued at a 
> >> whopping £25).
> >>  
> >> Bradley William of Drumard county Tyrone farmer died 26 January 1877 
> >> Administration W/A Londonderry 13 September to Enoch Bradley farmer. 
> >> Effects £25. Probate: 13 September 1940.
> >>  
> >> On many of the lengthy delay cases you will find the letters “d.b.n” in 
> >> the probate abstract. DBN is short for “De bonis non” a term used by the 
> >> Probate Court when dealing with estates where the original executor(s) did 
> >> not fulfil their obligations to the deceased, perhaps because they 

Re: [CoTyroneMailingList] Passing on of Tenancies

[Liz Fitzgerald via CoTyroneList]

Thank you. 

Sent from my iPad

> On Jun 29, 2020, at 11:54 AM, elwyn soutter via CoTyroneList 
>  wrote:
> 
> Rick,
> 
> 
> 
> I can’t point you to specific legislation, but all I can say is that all
> the documentation I have ever seen points to a rented farm being heritable
> the same as any other asset. The farmer was free to dispose of it as he
> chose. What he was disposing of was the unexpired portion of the lease,
> plus all the physical assets on the farm (seed, animals machinery etc).
> 
> 
> 
> Here’s a random example of a will taken from the PRONI wills site, for a
> Tyrone farmer:
> 
> 
> 
> “I Robert Alexander of Altrest being of sound mind memory and understanding
> to make publish and declare this my last will and testament in manner and
> form following. That is to say I direct my executors at my death to sell my
> farm of land in Altrest and all the stock, crop and chattels thereon……”
> 
> 
> 
> 1st March 1880.
> 
> 
> 
> If you check the Valuation revision records for 1880, you will find that
> Robert Alexander had plot 12a in Altrest which was a 56 acre farm rented
> from Dalkeith Holmes. He also had 2 labourers cottages on the land which he
> sublet.  Quite clearly from the wil and the Valuation records, he didn't
> own the land, so what he was selling was the unexpired portion of that
> lease.  If you think about it many modern flats and appartments are
> similar. They are often on 100 or 1000 year leases, and can be sold on in
> the same way as freehold property.
> 
> 
> 
> (I think in this particular case Robert had no children to leave the farm
> to. Others mentioned in the will were his sister and some brothers, so
> that’s probably why it was being sold rather than left to the next
> generation. There was no next generation, but in other cases you will see
> the famr left to the eldest son. The landowner had no say in the matter).
> 
> 
> 
> As far as I can see, the person who bought the farm merely had to inform
> the landlord that they were now the tenant.  I see no evidence that the new
> owner needed the landlord’s permission.
> 
> 
> 
> As the 1800s progressed there were several bits of land legislation that
> gradually improved the security of tenure offered to most farmers who had a
> lease. It became increasingly difficult to evict them, or raise their
> rents, unless they failed to pay the rent or abide by certain other terms.
> It wasn’t as good a freehold but by the 1890s it was close to it. So the
> lease could be sold on in a fairly straightforward manner.  That’s my
> interpretation and it certainly seems to have been what happened.
> 
> 
> 
> 
> 
> Elwyn
> 
> 
> 
> 
> 
>> On Mon, 29 Jun 2020 at 14:23, Rick Smoll  wrote:
>> 
>> Hello Elwyn
>> 
>> Both you and Peter are addressing lease issues pertaining to the
>> circumstances around the death of the landowner (which is interesting info
>> for certain); I am wondering though if you have come across any information
>> as to how the lease was legally passed on from generation to generation
>> within a family under normal circumstances (in the case of my family for at
>> least five generations). I've had no luck searching.
>> 
>> Thanks again
>> 
>> Rick Smoll
>> 
>> 
>> 
>> -Original Message-
>> From: elwyn soutter 
>> To: CoTyroneIreland.com Mailing List 
>> Cc: Rick Smoll ; Peter McKittrick <
>> petermck...@gmail.com>
>> Sent: Mon, Jun 29, 2020 4:24 am
>> Subject: Re: [CoTyroneMailingList] Passing on of Tenancies
>> 
>> Regarding “reps of” cases, it was common for there to be significant
>> delays in winding up of some estates. That could be a combination of slow
>> or ineffective executors or it could be because there were disputes or
>> other legal matters which delayed things.
>> 
>> As a random search, I went to the PRONI wills website and looked for
>> people who died between 1858 and 1862 but whose estates were not granted
>> probate until between 1890 and 1900. There are 36 such cases.  So it took
>> up to 32 years for probate to be granted in a fairly significant number of
>> cases. And until that was done the executors had control over lease renewal
>> etc. So any property transactions relating to those estates would have
>> “reps of” for many many years. (It wasn’t a dodge to avoid a new lease, as
>> Peter suggests. It was just that the owner was dead but the property had
>> not yet been passed on formally to the person who had inherited it. So the
>> person with temporary jurisdiction, and landlord, was the executor(s).
>> 

Re: [CoTyroneMailingList] Passing on of Tenancies

[elwyn soutter via CoTyroneList]

Rick,



I can’t point you to specific legislation, but all I can say is that all
the documentation I have ever seen points to a rented farm being heritable
the same as any other asset. The farmer was free to dispose of it as he
chose. What he was disposing of was the unexpired portion of the lease,
plus all the physical assets on the farm (seed, animals machinery etc).



Here’s a random example of a will taken from the PRONI wills site, for a
Tyrone farmer:



“I Robert Alexander of Altrest being of sound mind memory and understanding
to make publish and declare this my last will and testament in manner and
form following. That is to say I direct my executors at my death to sell my
farm of land in Altrest and all the stock, crop and chattels thereon……”



1st March 1880.



If you check the Valuation revision records for 1880, you will find that
Robert Alexander had plot 12a in Altrest which was a 56 acre farm rented
from Dalkeith Holmes. He also had 2 labourers cottages on the land which he
sublet.  Quite clearly from the wil and the Valuation records, he didn't
own the land, so what he was selling was the unexpired portion of that
lease.  If you think about it many modern flats and appartments are
similar. They are often on 100 or 1000 year leases, and can be sold on in
the same way as freehold property.



(I think in this particular case Robert had no children to leave the farm
to. Others mentioned in the will were his sister and some brothers, so
that’s probably why it was being sold rather than left to the next
generation. There was no next generation, but in other cases you will see
the famr left to the eldest son. The landowner had no say in the matter).



As far as I can see, the person who bought the farm merely had to inform
the landlord that they were now the tenant.  I see no evidence that the new
owner needed the landlord’s permission.



As the 1800s progressed there were several bits of land legislation that
gradually improved the security of tenure offered to most farmers who had a
lease. It became increasingly difficult to evict them, or raise their
rents, unless they failed to pay the rent or abide by certain other terms.
It wasn’t as good a freehold but by the 1890s it was close to it. So the
lease could be sold on in a fairly straightforward manner.  That’s my
interpretation and it certainly seems to have been what happened.





Elwyn





On Mon, 29 Jun 2020 at 14:23, Rick Smoll  wrote:

> Hello Elwyn
>
> Both you and Peter are addressing lease issues pertaining to the
> circumstances around the death of the landowner (which is interesting info
> for certain); I am wondering though if you have come across any information
> as to how the lease was legally passed on from generation to generation
> within a family under normal circumstances (in the case of my family for at
> least five generations). I've had no luck searching.
>
> Thanks again
>
> Rick Smoll
>
>
>
> -Original Message-
> From: elwyn soutter 
> To: CoTyroneIreland.com Mailing List 
> Cc: Rick Smoll ; Peter McKittrick <
> petermck...@gmail.com>
> Sent: Mon, Jun 29, 2020 4:24 am
> Subject: Re: [CoTyroneMailingList] Passing on of Tenancies
>
> Regarding “reps of” cases, it was common for there to be significant
> delays in winding up of some estates. That could be a combination of slow
> or ineffective executors or it could be because there were disputes or
> other legal matters which delayed things.
>
> As a random search, I went to the PRONI wills website and looked for
> people who died between 1858 and 1862 but whose estates were not granted
> probate until between 1890 and 1900. There are 36 such cases.  So it took
> up to 32 years for probate to be granted in a fairly significant number of
> cases. And until that was done the executors had control over lease renewal
> etc. So any property transactions relating to those estates would have
> “reps of” for many many years. (It wasn’t a dodge to avoid a new lease, as
> Peter suggests. It was just that the owner was dead but the property had
> not yet been passed on formally to the person who had inherited it. So the
> person with temporary jurisdiction, and landlord, was the executor(s).
>
> Here’s a William Bradley who died in 1877. Probate was finally granted in
> 1940.  Just a slight delay of 63 years. (The estate was valued at a
> whopping £25).
>
> Bradley William of Drumard county Tyrone farmer died 26 January 1877
> Administration W/A Londonderry 13 September to Enoch Bradley farmer.
> Effects £25. Probate: 13 September 1940.
>
> On many of the lengthy delay cases you will find the letters “d.b.n” in
> the probate abstract. DBN is short for “De bonis non” a term used by the
> Probate Court when dealing with estates where the original executor(s) did
> not fulfil their obligations to the deceased,

Re: [CoTyroneMailingList] Passing on of Tenancies

[Rick Smoll via CoTyroneList]

Hello Elwyn
Both you and Peter are addressing lease issues pertaining to the circumstances 
around the death of the landowner (which is interesting info for certain); I am 
wondering though if you have come across any information as to how the lease 
was legally passed on from generation to generation within a family under 
normal circumstances (in the case of my family for at least five generations). 
I've had no luck searching.
Thanks again

  Rick Smoll


-Original Message-
From: elwyn soutter 
To: CoTyroneIreland.com Mailing List 
Cc: Rick Smoll ; Peter McKittrick 
Sent: Mon, Jun 29, 2020 4:24 am
Subject: Re: [CoTyroneMailingList] Passing on of Tenancies

Regarding “reps of” cases, it was commonfor there to be significant delays in 
winding up of some estates. That could bea combination of slow or ineffective 
executors or it could be because therewere disputes or other legal matters 
which delayed things.  As a random search, I went to the PRONIwills website and 
looked for people who died between 1858 and 1862 but whoseestates were not 
granted probate until between 1890 and 1900. There are 36 suchcases.  So it 
took up to 32 years forprobate to be granted in a fairly significant number of 
cases. And until thatwas done the executors had control over lease renewal etc. 
So any propertytransactions relating to those estates would have “reps of” for 
many manyyears. (It wasn’t a dodge to avoid a new lease, as Peter suggests. It 
was justthat the owner was dead but the property had not yet been passed on 
formally tothe person who had inherited it. So the person with temporary 
jurisdiction, andlandlord, was the executor(s). Here’s a William Bradley who 
died in 1877.Probate was finally granted in 1940. Just a slight delay of 63 
years. (The estate was valued at a whopping £25). Bradley William of Drumard 
county Tyrone farmer died 26 January1877 Administration W/A Londonderry 13 
September to Enoch Bradley farmer.Effects £25. Probate: 13 September 1940. On 
many of the lengthy delay cases you will find the letters“d.b.n” in the probate 
abstract. DBN is short for “De bonis non” a term used bythe Probate Court when 
dealing with estates where the original executor(s) didnot fulfil their 
obligations to the deceased, perhaps because they wereoverseas or even dead 
themselves, and no-one else took any action to resolvethings.   Elwyn
On Mon, 29 Jun 2020 at 07:25, Peter McKittrick via CoTyroneList 
 wrote:

Hi Rick, you asked for an example of "Representatives of [Name] being listed in 
relation to tenancies. The example I’ve seen is when the Altmore Estate was 
auctioned in 1872 and the sale prospectus listed all the existing lease 
agreements including one over an Altmore property i.n.o. Robert McKittrick 
where the Tenants Names are recorded as "Representatives of Robert McKittrick". 
This document is available on subscription through Find My Past Landed Estates 
Court Rentals1850-1885. By 1860 and Griffith, Robert’s son John (don’t think he 
was the eldest) is in Occupation of the property and by 1869 Robert had died, 
but in 1872 the lease agreement with Reps of Robert McKittrick was still being 
relied upon.

Regards

Peter McKittrick

> On 28 Jun 2020, at 8:33 am, Peter McKittrick  wrote:
> 
> Rick, good topic. The only thing I’ve noticed is that the lessee is sometimes 
> described as “Representatives of.“ May be to avoid having to draw up a 
> new lease until it was absolutely necessary say when the lessor changed.
> 
> Peter
> 
> Sent from my iPhone
> 
>> On 28 Jun 2020, at 6:20 am, Rick Smoll via CoTyroneList 
>>  wrote:
>> 
>> Hello all …I've been having difficulty finding information concerning how 
>> tenancy was passed along from generation to generation on the plantation 
>> farms. What was the legal framework for inheriting the lease on the farm 
>> that the family had been occupying … in our case for at least 150 years 
>> prior to the land acts at the end of the 19th century? Hoping somebody might 
>> be able to steer me somewhere on this issue.
>> Also, any insight on how a decision was made within a family regarding which 
>> son (or daughter) would assume responsibility for the lease?
>> Thanks, as always …
>> Rick Smoll
>> 
>> 
>> -Original Message-
>> From: elwyn soutter 
>> To: James McKane 
>> Cc: Rick Smoll ; CoTyroneIreland.com Mailing List 
>> 
>> Sent: Thu, Jun 11, 2020 8:21 pm
>> Subject: Re: [CoTyroneMailingList] Morrison Family Name in Ulster 1610 - 1633
>> 
>> Rick, Ballyboe is from the Irish words “Baile bo”meaning “cow land.” 
>> According to Philip Robinson - “The Plantation of Ulster”,a ballyboe was “A 
>> small Irish land division which, before the plantation,represented the 
>> territory within which several families worked the land.Although 

Re: [CoTyroneMailingList] Passing on of Tenancies

[elwyn soutter via CoTyroneList]

Peter,



Sorry if you feel I misinterpreted your words.  (You said: “may be to avoid
having to draw up a new lease until it was necessary.”)  Dodge wasn’t
intended in any pejorative way, simply as being expedient.





Elwyn

On Mon, 29 Jun 2020 at 11:47, Peter McKittrick via CoTyroneList <
cotyronelist@cotyroneireland.com> wrote:

> Just in case my email didn’t go to the mailing list, I’ll repeat my
> response to Elwyn Souter: Elwyn, at no stage did I suggest it was a “dodge”
> thank you.
>
> Peter
>
> Sent from my iPhone
>
> > On 29 Jun 2020, at 8:16 pm, Peter McKittrick 
> wrote:
> >
> > Elwyn, at no time did I suggest it was a “dodge” thank you.
> >
> > Peter
> >
> > Sent from my iPhone
> >
> >>> On 29 Jun 2020, at 7:24 pm, elwyn soutter 
> wrote:
> >>>
> >> 
> >> Regarding “reps of” cases, it was common for there to be significant
> delays in winding up of some estates. That could be a combination of slow
> or ineffective executors or it could be because there were disputes or
> other legal matters which delayed things.
> >>
> >> As a random search, I went to the PRONI wills website and looked for
> people who died between 1858 and 1862 but whose estates were not granted
> probate until between 1890 and 1900. There are 36 such cases.  So it took
> up to 32 years for probate to be granted in a fairly significant number of
> cases. And until that was done the executors had control over lease renewal
> etc. So any property transactions relating to those estates would have
> “reps of” for many many years. (It wasn’t a dodge to avoid a new lease, as
> Peter suggests. It was just that the owner was dead but the property had
> not yet been passed on formally to the person who had inherited it. So the
> person with temporary jurisdiction, and landlord, was the executor(s).
> >>
> >> Here’s a William Bradley who died in 1877. Probate was finally granted
> in 1940.  Just a slight delay of 63 years. (The estate was valued at a
> whopping £25).
> >>
> >> Bradley William of Drumard county Tyrone farmer died 26 January 1877
> Administration W/A Londonderry 13 September to Enoch Bradley farmer.
> Effects £25. Probate: 13 September 1940.
> >>
> >> On many of the lengthy delay cases you will find the letters “d.b.n” in
> the probate abstract. DBN is short for “De bonis non” a term used by the
> Probate Court when dealing with estates where the original executor(s) did
> not fulfil their obligations to the deceased, perhaps because they were
> overseas or even dead themselves, and no-one else took any action to
> resolve things.
> >>
> >>
> >>
> >> Elwyn
> >>
> >>> On Mon, 29 Jun 2020 at 07:25, Peter McKittrick via CoTyroneList <
> cotyronelist@cotyroneireland.com> wrote:
> >>> Hi Rick, you asked for an example of "Representatives of [Name] being
> listed in relation to tenancies. The example I’ve seen is when the Altmore
> Estate was auctioned in 1872 and the sale prospectus listed all the
> existing lease agreements including one over an Altmore property i.n.o.
> Robert McKittrick where the Tenants Names are recorded as "Representatives
> of Robert McKittrick". This document is available on subscription through
> Find My Past Landed Estates Court Rentals1850-1885. By 1860 and Griffith,
> Robert’s son John (don’t think he was the eldest) is in Occupation of the
> property and by 1869 Robert had died, but in 1872 the lease agreement with
> Reps of Robert McKittrick was still being relied upon.
> >>>
> >>> Regards
> >>>
> >>> Peter McKittrick
> >>>
> >>> > On 28 Jun 2020, at 8:33 am, Peter McKittrick 
> wrote:
> >>> >
> >>> > Rick, good topic. The only thing I’ve noticed is that the lessee is
> sometimes described as “Representatives of.“ May be to avoid having to
> draw up a new lease until it was absolutely necessary say when the lessor
> changed.
> >>> >
> >>> > Peter
> >>> >
> >>> > Sent from my iPhone
> >>> >
> >>> >> On 28 Jun 2020, at 6:20 am, Rick Smoll via CoTyroneList <
> cotyronelist@cotyroneireland.com> wrote:
> >>> >>
> >>> >> Hello all …I've been having difficulty finding information
> concerning how tenancy was passed along from generation to generation on
> the plantation farms. What was the legal framework for inheriting the lease
> on the farm that the family had been occupying … in our case for at least
> 150 years prior to the land acts at the end of the 19th century? Hoping
> somebody might be able to steer me somewhere on this issue.
> >>> >> Also, any insight on how a decision was made within a family
> regarding which son (or daughter) would assume responsibility for the lease?
> >>> >> Thanks, as always …
> >>> >> Rick Smoll
> >>> >>
> >>> >>
> >>> >> -Original Message-
> >>> >> From: elwyn soutter 
> >>> >> To: James McKane 
> >>> >> Cc: Rick Smoll ; CoTyroneIreland.com Mailing
> List 
> >>> >> Sent: Thu, Jun 11, 2020 8:21 pm
> >>> >> Subject: Re: [CoTyroneMailingList] Morrison Family Name in Ulster
> 1610 - 1633
> >>> >>
> >>> >> Rick, Ballyboe is from the Irish words “Baile 

Re: [CoTyroneMailingList] Passing on of Tenancies

[Peter McKittrick via CoTyroneList]

Just in case my email didn’t go to the mailing list, I’ll repeat my response to 
Elwyn Souter: Elwyn, at no stage did I suggest it was a “dodge” thank you. 

Peter

Sent from my iPhone

> On 29 Jun 2020, at 8:16 pm, Peter McKittrick  wrote:
> 
> Elwyn, at no time did I suggest it was a “dodge” thank you.
> 
> Peter
> 
> Sent from my iPhone
> 
>>> On 29 Jun 2020, at 7:24 pm, elwyn soutter  
>>> wrote:
>>> 
>> 
>> Regarding “reps of” cases, it was common for there to be significant delays 
>> in winding up of some estates. That could be a combination of slow or 
>> ineffective executors or it could be because there were disputes or other 
>> legal matters which delayed things.
>>  
>> As a random search, I went to the PRONI wills website and looked for people 
>> who died between 1858 and 1862 but whose estates were not granted probate 
>> until between 1890 and 1900. There are 36 such cases.  So it took up to 32 
>> years for probate to be granted in a fairly significant number of cases. And 
>> until that was done the executors had control over lease renewal etc. So any 
>> property transactions relating to those estates would have “reps of” for 
>> many many years. (It wasn’t a dodge to avoid a new lease, as Peter suggests. 
>> It was just that the owner was dead but the property had not yet been passed 
>> on formally to the person who had inherited it. So the person with temporary 
>> jurisdiction, and landlord, was the executor(s).
>>  
>> Here’s a William Bradley who died in 1877. Probate was finally granted in 
>> 1940.  Just a slight delay of 63 years. (The estate was valued at a whopping 
>> £25).
>>  
>> Bradley William of Drumard county Tyrone farmer died 26 January 1877 
>> Administration W/A Londonderry 13 September to Enoch Bradley farmer. Effects 
>> £25. Probate: 13 September 1940.
>>  
>> On many of the lengthy delay cases you will find the letters “d.b.n” in the 
>> probate abstract. DBN is short for “De bonis non” a term used by the Probate 
>> Court when dealing with estates where the original executor(s) did not 
>> fulfil their obligations to the deceased, perhaps because they were overseas 
>> or even dead themselves, and no-one else took any action to resolve things.
>>  
>>  
>>  
>> Elwyn
>> 
>>> On Mon, 29 Jun 2020 at 07:25, Peter McKittrick via CoTyroneList 
>>>  wrote:
>>> Hi Rick, you asked for an example of "Representatives of [Name] being 
>>> listed in relation to tenancies. The example I’ve seen is when the Altmore 
>>> Estate was auctioned in 1872 and the sale prospectus listed all the 
>>> existing lease agreements including one over an Altmore property i.n.o. 
>>> Robert McKittrick where the Tenants Names are recorded as "Representatives 
>>> of Robert McKittrick". This document is available on subscription through 
>>> Find My Past Landed Estates Court Rentals1850-1885. By 1860 and Griffith, 
>>> Robert’s son John (don’t think he was the eldest) is in Occupation of the 
>>> property and by 1869 Robert had died, but in 1872 the lease agreement with 
>>> Reps of Robert McKittrick was still being relied upon.
>>> 
>>> Regards
>>> 
>>> Peter McKittrick
>>> 
>>> > On 28 Jun 2020, at 8:33 am, Peter McKittrick  
>>> > wrote:
>>> > 
>>> > Rick, good topic. The only thing I’ve noticed is that the lessee is 
>>> > sometimes described as “Representatives of.“ May be to avoid having 
>>> > to draw up a new lease until it was absolutely necessary say when the 
>>> > lessor changed.
>>> > 
>>> > Peter
>>> > 
>>> > Sent from my iPhone
>>> > 
>>> >> On 28 Jun 2020, at 6:20 am, Rick Smoll via CoTyroneList 
>>> >>  wrote:
>>> >> 
>>> >> Hello all …I've been having difficulty finding information concerning 
>>> >> how tenancy was passed along from generation to generation on the 
>>> >> plantation farms. What was the legal framework for inheriting the lease 
>>> >> on the farm that the family had been occupying … in our case for at 
>>> >> least 150 years prior to the land acts at the end of the 19th century? 
>>> >> Hoping somebody might be able to steer me somewhere on this issue.
>>> >> Also, any insight on how a decision was made within a family regarding 
>>> >> which son (or daughter) would assume responsibility for the lease?
>>> >> Thanks, as always …
>>> >> Rick Smoll
>>> >> 
>>> >> 
>>> >> -Original Message-
>>> >> From: elwyn soutter 
>>> >> To: James McKane 
>>> >> Cc: Rick Smoll ; CoTyroneIreland.com Mailing List 
>>> >> 
>>> >> Sent: Thu, Jun 11, 2020 8:21 pm
>>> >> Subject: Re: [CoTyroneMailingList] Morrison Family Name in Ulster 1610 - 
>>> >> 1633
>>> >> 
>>> >> Rick, Ballyboe is from the Irish words “Baile bo”meaning “cow land.” 
>>> >> According to Philip Robinson - “The Plantation of Ulster”,a ballyboe was 
>>> >> “A small Irish land division which, before the plantation,represented 
>>> >> the territory within which several families worked the land.Although the 
>>> >> real area of the ballyboe varied greatly with the quality of theland, it 
>>> >> was 

Re: [CoTyroneMailingList] Passing on of Tenancies

[elwyn soutter via CoTyroneList]

Regarding “reps of” cases, it was common for there to be significant delays
in winding up of some estates. That could be a combination of slow or
ineffective executors or it could be because there were disputes or other
legal matters which delayed things.



As a random search, I went to the PRONI wills website and looked for people
who died between 1858 and 1862 but whose estates were not granted probate
until between 1890 and 1900. There are 36 such cases.  So it took up to 32
years for probate to be granted in a fairly significant number of cases.
And until that was done the executors had control over lease renewal etc.
So any property transactions relating to those estates would have “reps of”
for many many years. (It wasn’t a dodge to avoid a new lease, as Peter
suggests. It was just that the owner was dead but the property had not yet
been passed on formally to the person who had inherited it. So the person
with temporary jurisdiction, and landlord, was the executor(s).



Here’s a William Bradley who died in 1877. Probate was finally granted in
1940.  Just a slight delay of 63 years. (The estate was valued at a
whopping £25).



Bradley William of Drumard county Tyrone farmer died 26 January 1877
Administration W/A Londonderry 13 September to Enoch Bradley farmer.
Effects £25. Probate: 13 September 1940.



On many of the lengthy delay cases you will find the letters “d.b.n” in the
probate abstract. DBN is short for “De bonis non” a term used by the
Probate Court when dealing with estates where the original executor(s) did
not fulfil their obligations to the deceased, perhaps because they were
overseas or even dead themselves, and no-one else took any action to
resolve things.







Elwyn

On Mon, 29 Jun 2020 at 07:25, Peter McKittrick via CoTyroneList <
cotyronelist@cotyroneireland.com> wrote:

> Hi Rick, you asked for an example of "Representatives of [Name] being
> listed in relation to tenancies. The example I’ve seen is when the Altmore
> Estate was auctioned in 1872 and the sale prospectus listed all the
> existing lease agreements including one over an Altmore property i.n.o.
> Robert McKittrick where the Tenants Names are recorded as "Representatives
> of Robert McKittrick". This document is available on subscription through
> Find My Past Landed Estates Court Rentals1850-1885. By 1860 and Griffith,
> Robert’s son John (don’t think he was the eldest) is in Occupation of the
> property and by 1869 Robert had died, but in 1872 the lease agreement with
> Reps of Robert McKittrick was still being relied upon.
>
> Regards
>
> Peter McKittrick
>
> > On 28 Jun 2020, at 8:33 am, Peter McKittrick 
> wrote:
> >
> > Rick, good topic. The only thing I’ve noticed is that the lessee is
> sometimes described as “Representatives of.“ May be to avoid having to
> draw up a new lease until it was absolutely necessary say when the lessor
> changed.
> >
> > Peter
> >
> > Sent from my iPhone
> >
> >> On 28 Jun 2020, at 6:20 am, Rick Smoll via CoTyroneList <
> cotyronelist@cotyroneireland.com> wrote:
> >>
> >> Hello all …I've been having difficulty finding information concerning
> how tenancy was passed along from generation to generation on the
> plantation farms. What was the legal framework for inheriting the lease on
> the farm that the family had been occupying … in our case for at least 150
> years prior to the land acts at the end of the 19th century? Hoping
> somebody might be able to steer me somewhere on this issue.
> >> Also, any insight on how a decision was made within a family regarding
> which son (or daughter) would assume responsibility for the lease?
> >> Thanks, as always …
> >> Rick Smoll
> >>
> >>
> >> -Original Message-
> >> From: elwyn soutter 
> >> To: James McKane 
> >> Cc: Rick Smoll ; CoTyroneIreland.com Mailing List <
> cotyronelist@cotyroneireland.com>
> >> Sent: Thu, Jun 11, 2020 8:21 pm
> >> Subject: Re: [CoTyroneMailingList] Morrison Family Name in Ulster 1610
> - 1633
> >>
> >> Rick, Ballyboe is from the Irish words “Baile bo”meaning “cow land.”
> According to Philip Robinson - “The Plantation of Ulster”,a ballyboe was “A
> small Irish land division which, before the plantation,represented the
> territory within which several families worked the land.Although the real
> area of the ballyboe varied greatly with the quality of theland, it was
> assumed by the plantation surveyors to contain 60 acres ofprofitable land
> in most areas of north-west Ulster. Many modern townlands haveevolved from
> these ballyboes.” Not all land in Ireland was requisitionedby the Crown at
> the time of the Plantation. At least a third remained in thehands of local
> Irish landlords, normally provided they agreed to be loyal tothe Crown.  An
> obvious example would bethe Maguires who had lands in Fermanagh. Chunks of
> land were declared forfeitfollowing the 1641 uprising and reallocated.
> Details in the Down survey: http://downsurvey.tcd.ie/down-survey-maps.php
> Robinson spends some time 

[CoTyroneMailingList] Passing on of Tenancies

[Peter McKittrick via CoTyroneList]

Hi Rick, you asked for an example of "Representatives of [Name] being listed in 
relation to tenancies. The example I’ve seen is when the Altmore Estate was 
auctioned in 1872 and the sale prospectus listed all the existing lease 
agreements including one over an Altmore property i.n.o. Robert McKittrick 
where the Tenants Names are recorded as "Representatives of Robert McKittrick". 
This document is available on subscription through Find My Past Landed Estates 
Court Rentals1850-1885. By 1860 and Griffith, Robert’s son John (don’t think he 
was the eldest) is in Occupation of the property and by 1869 Robert had died, 
but in 1872 the lease agreement with Reps of Robert McKittrick was still being 
relied upon.

Regards

Peter McKittrick

> On 28 Jun 2020, at 8:33 am, Peter McKittrick  wrote:
> 
> Rick, good topic. The only thing I’ve noticed is that the lessee is sometimes 
> described as “Representatives of.“ May be to avoid having to draw up a 
> new lease until it was absolutely necessary say when the lessor changed.
> 
> Peter
> 
> Sent from my iPhone
> 
>> On 28 Jun 2020, at 6:20 am, Rick Smoll via CoTyroneList 
>>  wrote:
>> 
>> Hello all …I've been having difficulty finding information concerning how 
>> tenancy was passed along from generation to generation on the plantation 
>> farms. What was the legal framework for inheriting the lease on the farm 
>> that the family had been occupying … in our case for at least 150 years 
>> prior to the land acts at the end of the 19th century? Hoping somebody might 
>> be able to steer me somewhere on this issue.
>> Also, any insight on how a decision was made within a family regarding which 
>> son (or daughter) would assume responsibility for the lease?
>> Thanks, as always …
>> Rick Smoll
>> 
>> 
>> -Original Message-
>> From: elwyn soutter 
>> To: James McKane 
>> Cc: Rick Smoll ; CoTyroneIreland.com Mailing List 
>> 
>> Sent: Thu, Jun 11, 2020 8:21 pm
>> Subject: Re: [CoTyroneMailingList] Morrison Family Name in Ulster 1610 - 1633
>> 
>> Rick, Ballyboe is from the Irish words “Baile bo”meaning “cow land.” 
>> According to Philip Robinson - “The Plantation of Ulster”,a ballyboe was “A 
>> small Irish land division which, before the plantation,represented the 
>> territory within which several families worked the land.Although the real 
>> area of the ballyboe varied greatly with the quality of theland, it was 
>> assumed by the plantation surveyors to contain 60 acres ofprofitable land in 
>> most areas of north-west Ulster. Many modern townlands haveevolved from 
>> these ballyboes.” Not all land in Ireland was requisitionedby the Crown at 
>> the time of the Plantation. At least a third remained in thehands of local 
>> Irish landlords, normally provided they agreed to be loyal tothe Crown.  An 
>> obvious example would bethe Maguires who had lands in Fermanagh. Chunks of 
>> land were declared forfeitfollowing the 1641 uprising and reallocated. 
>> Details in the Down survey: http://downsurvey.tcd.ie/down-survey-maps.php 
>> Robinson spends some time discussing theorigins of settler names in Tyrone, 
>> and to what extent Scottish undertakers hadScots tenants, and English 
>> undertakers had English tenants. The implicationbeing that they originated 
>> in their landlords respective estates. However therewas evidently a lot of 
>> mixing. For example on p122 he says:  The evidence of Scots settling 
>> outsidetheir allocated baronies of Strabane and Mountjoy is supplemented by 
>> a statementof Lord Audley’s in 1614 when he claimed that his estate of 
>> Finagh and Rarone inOmagh barony had as many Scots as English in it. 
>> Although there is considerable degree ofcontinuity between 1630 and 1666 in 
>> the distributional pattern of Britishsettlement, and indeed in the 
>> persistence of English and Scottish localities,the actual surnames on most 
>> estates did change dramatically. This turnover ofpersonnel cannot be 
>> attributed simply to the ravages of the 1641 rebellion, forcomparable 
>> changes can be observed between 1622 and 1630. A high degree oftenant 
>> mobility is a striking characteristic of plantation settlement, despitethe 
>> continuity of settlement patterns.” He goes on to discuss colonial spread. 
>> “In1622 the percentage of Scots on any Tyrone estate was closely related 
>> towhether or not the estate was Scottish owned, and only marginally related 
>> tothe physical distance from Londonderry as the natural entry point for 
>> Scottishsettlers. However by 1630 the gap between the statistical 
>> significance of thesetwo factors had narrowed, and by 1666 it was the 
>> distance from Londonderrywhich was most significant. This supports the model 
>> of colonization outlinedabove, whereby the process of direct plantation, 
>> with subsequent internalmigration operated simultaneously with that of 
>> colonial spread. Furthermore thecontention that colonial spread became 
>> relatively more important than