South Side Sale, October 1780 #54 Santan

Wm Kinley and Eliza Fargher

Articles of Marriage conditioned
concluded covenanted and agreed – 
upon by and between William
Kinley of Ballnehowin of the
Parish of KK Santan for and behalf
of his Eldest Son and Heir William
Kinley, Junr of the one part and
Mr Thomas Fargher of Shenvalley
of the Parish of KK Malew for and
behalf of his Daughter Elizabeth – 
Fargher of the other part as follows – 
First it is Conditioned concluded Covenanted
and agreed upon that the Said William Kinley
Junr and Elizabeth Fargher do enter into the [paper fold]
Estate of Matrimony with one Month from
the date hereof God and the Church permitting
the Same – 

Secondly It is conditioned concluded Covenanted
and agreed upon And the Said William Kinley
Senr on his part in Consideration of the Sd Marriage
doth settle and Estate upon his Sd Son and Heir
William Kinley Junr and his Intended Wife Elizth
Fargher the one half of his Estate of Balnehowin – 
and Balladoo as well Quarterland as Intacks
(Said Estate of Balladoo became Said William – 
Kinley’s property by course of Inheritance by
the Death of his late Uncle Thomas Fargher)
Together with half the Flax  – 
Mill and half the Crop of Corn and Hay to be

[end of page 1]

possessed by them on Michaelmas Next And the other
half of the Said Estates of Balnehowin and Balladoo
and the Said Flax Mill immediately at or upon the – 
Death of the Said William Kinley Senr and his present ^Wife^
Elinor Kinley or the longer lover of them – He the
Said William Kinley Junr paying the Interest of – 
Sixty pounds which Said Balladoo stands charged
with and also paying the Said William Kinley [obscured by fold]
the Sum of Thirty two pounds in Consideration
of this Settlement – Provided Nevertheless – 
that the Said William Kinley Senr is to be at full
and free liberty at any time hereafter of Incumbering
and laseing by way of Mortgage the further Sum 
of Sixty pounds more upon either of the Said – 
Estates of Ballnehowin or Balladoo as he in his
discretion shall think proper and fit any thing in
this Article to the contrary Notwithstanding – He
the Said William Kinley Senr paying the yearly – 
Interest of the Said Sixty pounds so that the Said
Interest shall be no charge or Incumbrance to his
Said Son and Heir until he possesses the Said latter
half of the Said Estates and premises – 

Thirdly it is conditioned Concluded Covenanted and
agreed upon And the Said Thomas Fargher doth [ink spot]
and give by way of Portion or Dowry upon his Sd Dau[shadow/edge]
Elizabeth and her Intended Husband the full and
Just Sum of One hundred pounds Currency of this Isle
Fifty pounds thereof to be paid on or before Michaelmas
Next and the other Fifty pounds to be paid within two

[end of page 2]

Years from this date, and it is also further Covenanted
and agreed upon that in case the Said Elizabeth Fargher
shall die without Issue between her and her Intended
Husband or that the Said Issue shall die before they 
come of Age, then and in that case the Said hundred – 
pounds is to revert and come back to the Said Thomas
Fargher and his Wife if either of them be living – 
and in case of their Death to the Heir of the Said 
Estate of Shenvalley – 

Fourthly and lastly for the true and faithfull
performance of all and Singular the before going
Articles and Covenants all parties concerned
have bound themselves their Heirs Exers NS
dmers each to the other in the penalty and – 
forfeiture of One Thousand Pounds Sterling – 
to be paid and levied in the Nature of [page torn]
Fines within this Isle – In Witness whereof they
have respectively caused their Names to be – 
Subscribed and Set their Marks thereto this
the 11th Day of February 1778 – 
Signed and delivered		William Kinley Senr my Mk  X
in presence of – 		Thos Fargher
   John Christian		William Kinley
   Wm Quayle			Elizabeth Fargher


Feby 11th 1778.  
The Said Wm Kinley Senr Thos Fargher
Wm Kinley Junr and Eliz:Fargher duely
executed this Contract and Settlement
and acknowledged the Same to be their proper

[end of page 3]

Act and Deed
		Before me
			Wm Quayle


	At a Baron Court holden at Douglas the 12th Day of
	Decbr 1780 for the Parishes of Braddan
	Marown and Santan

The before Written Articles of Marriage being acknow=
=ledged before the High Bailiff of Douglas and now
openly published in Court & no objection being made
against them The Same  Therefore are Allowed of for an
in the Name ye behalf of the most Noble John Duke
of Atholl and of the manor of mann and the Isles
?? and Confirmed by this Court – 
					P J Heywood

Any comments, errors or omissions gratefully received The Editor HTML Transcription © F.Coakley , 2010