What happens when your landlord dies? Ireland's Encumbered Estates and the fate of the Allen's and Sweeney's in Ireland Part 1

In 1875, Charles Powell Leslie III, the wealthy landlord for the Allen's and Sweeney's in County Meath, choked on a fish bone and died at the family mansion in Glaslough, County Monaghan. He was 50 years old, unmarried, and childless, so his vast estates were inherited by his younger brother, Sir John Leslie, who built the current Castle Leslie in Glaslough.

Although the tenant farmers had been on the land for generations, after the famine many landlords were selling or consolidating their lands, which surely provoked fear in the hearts of those who had only year to year leases on the land.

In 1858, Richard Allen, my 2nd great grandfather, had a year to year lease on 17 acres of land in Great Umberstown. Patrick Sweeney (likely Margaret Sweeney Allen's brother) had a year to year lease on 16 acres. (These records also show us other Allen's in the area- Rose Allen and James Allen in Ballinrig) 

But in 1874, Richard's son, John Allen, our only male Allen relative to stay on the family farm in Umberstown, had a change of fortune. 

In 1874, John Allen was leasing 17 Irish acres of land for 10 pounds a year, due on the first of May and the first of November, from John Leslie, Esquire (the heir of Charles P. Leslie.) 

But now John Allen's lease differed in a very important way from those of most of his neighbors, in that his lease was for an extended period of 35 years, while the others were almost all year to year tenancies- they could lose their lease or have the terms re-negotiated after only one year. This brings the obvious question of why John was granted what was basically a lifetime lease for the property. Why was he favored in this way by the Leslie landlord? 

His neighbors, Thomas Murrin, widow Mary Reilly, and Patrick Corcoran were all given only year to year leases on their farms. John Allen was 41 in 1874, so 35 years would bring him to age 76, in 1909, when he would be too old to continue farming. (He would die on the farm in 1918.)

The tenure, however, does hold restrictions. This was prime sporting land for the wealthy, and that is protected. 

"All mines, trees, etc. are excepted, and the exclusive right of shooting, sporting, fishing, and fowling, reserved."

"The right of the public to use the county roads running through these lands will be preserved."

"The right of way of the public on foot along the center of the double ditch which forms the south-eastern boundary of part of the lands of Umberstown Great ...will be preserved."

This clause gives us some insight into life of the tenant farmers during and after the hard times of the famine; the families were not permitted to hunt or fish for food on their leased land, and they could not cut down trees for fuel.

In addition to the agreement, there is a map of the Allen farm which shows land features on the adjoining Dangan lands, including the fairy fort by the Allen farm. At the base of the map we see that this is the estate of Charles P. Leslie, deceased. The 1847 lease is from his son, John Leslie, to John Allen and his neighbors.

Here is a close up of the map, showing John Allen's farm next to the fairy fort. (The Allen farm is the top spike next to the circle labeled "fort." The fairy fort and the lands to the right  are the Dangan estate. You can also see a curvy line running through the Allen land that is the Knightsbrook river- a river the tenants were forbidden to fish in.

There is a similar agreement for our Sweeney family. In 1875, Patrick Sweeney was given a 35 year lease on his 16 acre farm, versus the one year leases of his neighbors. His restrictions concerning hunting and fishing mirrored those of his neighbor and relative John Allen. 

So- while many of their neighbors remained on insecure, year to year leases, John Allen and Patrick Sweeney were given security in a 35 year lease, which would last their lifetime. The question is WHY?

Source:

Ancestry.com. Ireland, Encumbered Estates, 1850-1885[database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2020.

Original data: Landed Estate Records, The National Archives of Ireland, Dublin, Ireland.

"The Encumbered Estates' Court was established to facilitate the sale of Irish estates whose owners were unable to meet their obligations because of the Great Famine, regardless of whether the land was entailed. The need for the Court was caused by the impoverishment of many Irish tenant farmers during the 1840s famine, rendering it impossible for them to pay their rents to the landlord who in turn could not make his mortgage payments. Until this Court was established, the lending bank could not get a court order to sell the mortgaged land because of the entail."