Submitted by: | Joyce M Oates |
Date: | 13 November 2007 |
Original: | LDS: 0106222 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
KK Patrick 65 This is affirmed to be the last will & testament of Philip Christian kof Creglay in the parish of KK Patrick who departed this life the 27th of Febry 1759 being in perfect mind and memory at the making therof. First , He committed his soul to Almighty God and his body to Christian burial. Itm, He left to his daughter Elizabeth Killey als Christian three pounds. Itm, He left to his son in law Wm Killey a gray waste coat and a mutton. Item, He left to Wm Killey's two eldest daughters a sheep between them and a sheep to his youngest daughter. Itm, He left to Thos Waterson's daughter Margt ten shillings, and a sheep to his son Henry Waterson. Itm, He left to his loveing wife all the lands belonging to him during her life time and after the death of his sd wife all the whole lands are to be possessed by his son Thos Christian his sd wife consenting to the same. Itm, He declared that he promised the one half of his goods to Thos Waterson and his wife at their marriage vizt, half of such goods as is here mentioned, half of the cattle and horses half of the crop and half of the husbandry gears. Itm, He declared that he bought some peuter after the sd Thos Waterson and his wife had lived a C------[dark area] ----e[in left fold] with him and that the sd Thos Waterson ------[dark area] not his wife bought none of the sd peuter and th----[in right fold] they had no right to the sd peuter. Itm, He declared that all the goods he promised Thos Waterson and his wife was already possessed by them and that they were to have no more right to his goods. Itm, He declared that he did not promise to the sd Thos Waterson and his wife any right to his m----[in right fold] nor his cloaths either linnen or woolen. Itm, He declared that Thos Waterson and his wife had no right to his sheep but only the sheep they had bought between them. Itm, He left to the witnesses of the will fourteen pence apiece. Lastly, He nominated and appointed his son Thos Christian whole and sole Exectr of all the rest of his goods moveable and unmoveable. Witnesses present: John Quirk my mk X, Ann Caine als Karran her md X, jurati 19th die mensis Junii 1759. At a Consistory Court holden at Balnyhown Novr 21, 1759: Ann Caine one of the witnesses being dead, the next of kin have consented that this Will shall take effect according to the -----[dark & in right fold] thereof & the Agreemt here to annexed; and whereas Thomas Christian the Execr named has been lately imposed into his -----[in fold] service & is at present abroad, his brothers in law Wm Killey & Thos Waterson are sworn to bring a perfect Inventory -----[dark & in right fold] as also for payment of debts according to Law, to these ends & forthcoming of the ----- amount of the Inventory, they have given pledges namely Mr Thos Fargher of Malew, & Patrick Quay of Peeltown. Solvit 1s, Probatum est, Ro: Radcliffe, Matths Curghey A true Inventory of the goods and effects of Thos Christian of KK Patrick being mariner in his Majesties service, belonging to the sd Thos Christian by the last will and testament of his deceased father Philip Christian made for us four sworn men, vizt John Caine, Daniel Callin, Thos Karran, and John Madderall this 24th of Novembr 1759 which is as followeth: Itm, 3 harrow posts ------------------------------------- 0 pounds : 0 : 5 Itm, eleven harrow pins ------------------------------- 0 - 0 - 11 Itm, plow links and a plow quing -------------------- 0 - 0 - 5 Itm, plow gears and a hair rope ---------------------- 0 - 0 - 9 Itm, spades and an old hack and an old plow shear ------- 0 - 0 - 10 Itm, quarter of a ladder and carr and a stone hammer --- 0 - [hidden in fold] Itm, his part of the cattle ------------------------------ 2 - 10 - [hidden in fold] Itm, his part of the horses ----------------------------- 1 - 7 - [hidden in fold] Itm, his part of the riding horse --------------------- 0 - 15 - [hidden in fold] Itm, quarter of a firm and chair --------------------- 0 - 1 - 9 Itm, quarter of a table and frame -------------------- 0 - 0 - 9 Itm, quarter of a big wheel and cards --------------- 0 - 8 - [hidden in fold] Itm, quarter of two woolen combs and a hackle and a pair of toe cards ----0 - 0 - [in fold] Itm, half a feather bed and bolster and bed cloaths and bed stead ----- 0 - 15 - [in fold] Itm, five pounds and an half of wool --------------- 0 - 2 - [in fold] Itm, one pound and a quarter of worsted ----------- 0 - 1 - [in fold] Itm, one pound of worsted thred -------------------- 0 - 1 - [in fold] [total sum] --- 6 - 0 - [in fold] To the Revd Robt Radcliffe & Maths: Curghey Vicars Genll of this Isle: The humble petition of Wm Killey of the parish of KK Patrick in behalf of himself as Legatee in the last will & testament of his father in law Phillip Christian deceased, as also in behalf of Thos. Christian Execr to sd will, who was lately impressed by one of his Majesty's Finders; -----ly[in left fold] sheweth, That yr petitnrs said father in law Phillip Christian died in Spring last, leaving behind him three children vizt the foresd Thos., Isable wife of Thos Waterson and Elizth wife of yr petitr, and that some little time before his sd death, he the sd Phillip Christin made his last will & testament, and after some legacys were bequeathed to his children, he appinted his sd son Thos whole Execr & residuary Legatee of all the rest of his effects movable & immovable; Yr petitr further shewth that the witnesses to sd will namely John Quirck & Ann Cain some little time after the same was made & expressed by him the sd Phillip Christian went to a Clarke or scribe vizt Wm Quirck of the sd parish & dictated to him the sd Quirck article by article, the substance purposes & meaning of sd will in as full & authentick a manner as the same was worded & expressed by him the Testator, & duly sign'd the paper writing containing the last will & testament of sd Phillip Christian deceas'd in the presence sevl: faith worthy persons, but soon after the purful----[?, in fold] thereof in manner afforesd, the sd witness Ann Cain was seized of fevour and died, yr petitr & sd Thos Christian the Execr (who were principally concern'd) contenting themselves with the loss of sd witness imagining the value of sd will would never be disputed upon such unjustified tearms, as the only children saving the sd Thomas th----[in fold] marraiges had been provided for; Yr petitr further craves have to shew, that on Tuesday ye 19th June last the Execr Thomas Christian, & yr petitr exhibit----[in fold] the sd will to yr Reverences Court at Ballny-howin, where the sd was duly sworn to by the living witness John Quirck, to their great surprise the sd Thos Waterson their brother in law objected agt the validity of sd will, insisting that the same might be set aside, and praying that he might the sd -----[in fold] be decreed coadminr with the sd Thos Christian, though no will appear'd the sole right of administration is visited -----[in fold] the sd Thos; Yr petitr further begs leave to shew, that soon ----[in right fold] the sd Thos the Execr petitioned yr Reverences to have the testimony of the Clarke who wrote sd will from the mouth of Ann Cain & other faith worthy persons as -----[in right fold] by and present when the sd Ann Cain duly expressed -----[right fold] sign'd sd will, and the sd petition having recd" a raff----[?, in right fold] thereto ordering the same to be heard at Ballny:howin 12th of July (but to the great misfortune of the Execr Thos Christian & others concern'd, the sd Thos was by one of his Majesty's Finders impress'd, where he still remains & continues, -----[in right fold] totally deprived him from suporting sd will or taking upon him the burthen & Execution thereof; Forasmuch as sd will is still depending and several inconveniences attending the same for want of an Execr sworn, yr petitr as principal Legatee humbly prays that yr Reverences wd be pleased (in aid of Law & Justice to grant him yr Reverences authority to charge the witnesses in order to make such lawfull proof of sd will as the nature of the case will admit off, and also further to impower yr petitr with some other person to be sworn in Trust pending the absence of the Execr, & yr petitr as in duty bound shall pray &c. KK Patrick Augt 4th 1759: The petitionr has hereby Authority to change his witnesses to the next Consistory Court giving the Adverse party due notice. Ro: Radcliffe Whereas there are differences and disputes between Grace Christian widow and her son in law Tho Waterson both of the parish of KK Patrick touching the last will and testament of Philip Christian husband to the sd Grace Christian, which sd contest and dispute to avoide troublesome and expensive lawsuits they with the advice and consideration of their well wishing friends and neighbours have brought to this amicable and advantagious issue and conclusion as is hereafter specified. First, It is mutually agreed upon between the parties that the sd Grace Christian doth hereby bind and oblidge herself to give unto the sd Thos Waterson in present possession half of her own part of all her horses and cattle except one brown heifer which the sd Grace Christian reserves wholly to herself. It is agreed upon that the sd Grace Christian doth give unto the sd Thos Waterson half of all her own part of the household goods except the two largest chists and a feather bed and boldster and bedstead and all the linnen cloath in the house she the sd Grace reserves wholly to herself with all the bed cloaths. It is agreed upon that the sd Thos Waterson is to have half of the sd Grace Christian's part of all the sacks and winnowing sheets and half of her part of a piece of cloath for sacks and sheets that are in the house. It is agreed upon that the sd Thos Waterson is to have to himself wholly all that he himself bought of household goods and husbandry gears. It is agreed upon that the sd Thos Waterson is to have no more but his own part of the beasts that were bought between himself and his father in law Philip Christian. It is agreed upon that the sd Grace Christian is to have her own part wholly of all the peuter that her husband bought since the sd Thos Waterson came to live with them as the sd Philip Christian's will specifies and that the sd Thos Waterson is to possess no more of the sd Grace Christian's goods but what is herein mentioned neither goods nor cash. It is further agreed upon that the sd Thos Waterson is no more for the future to contradict or speak against the last will and testament of his father in law Philip Christian nor any other person or persons on the Thos Waterson's behalf, But that the Revernd Court may be most graciously pleased to accept of the sd Will as a legal will, otherwise these Articles are to be of non effect or force. For true and faithfull performance of all these Articles and agreements both the parties have bound themselves c----[in right fold] to the other in penalty of ten pounds to be levyed according to Law in testimony whereof they have hereunto caused their names and marks this 10th of Novembr 1759. Thos. Waterson his mrk X, Grace Christian her mrk X. Witnesses present: Philip Cowley his mk X, Wm Quirk his mk X. At a Consistory Court holden at Blanyhown Novr 21, 1759: Thos Waterson and Grace Christian have acknowledged the within & above agreemt as their Act & Deed before us. Ro: Radcliffe, Matths Curghey. KK Patrick Nov 22d 1760: John Knickle of Peeltown acknowledging himself indebted unto the Supervior of the Goods of Thomas Christian son of Philip Christian decd the sum of twenty six shillings being the price of a horse wch was sold him, sd Knickle is hereby ordered to discharge the sd sum which if he neglects or refuses he is to be committed in St Germans until he submits to Law and before releasmt pays all fees. Ro: Radcliffe. To the Sumner of KK German who is disobeyed is to desire the assistance of a soldier. To be annexed to the will of Phil Christian of KK Patrick who died abt 2 years ago.
Last Modified 14 December 2014