| Submitted by: | Shirley C Hogensen |
| Date: | 20 January 2003 |
| Original: | LDS: 0106387 |
Rushen
This is affirmed to be the last will and testament of William Clucas of
Port le Morrey(Port St Mary) in the parish of Trinity Rushen who
departed this life about the 8th day of May last, being of perfect mind
and memory when he declared these words on or about the 31st day of October
1761 in manner following:
Item: He published, pronounced, and declared as his will, that whenever
he should die all that he had was to be the property of his son William
Clucas, which the witnesses understood to be all his goods, chattels, and
effects both moveable and immoveable of what kind or denomination soever.
This he declared in presence of the witnesses namely
Robert Callister my X
Henry Gawne my X Jurati.
At a Chapter Court holden at Castletown October 24 1764.
The executor is sworn in court in form of law and has given pledges for
payment of debts and legacies namely Mr Thos Fargher of Malew and
Henry Gawne one of the witnesses. Probatum est Ro:Radcliffe
The humble petition of Isable Clucas widow and relict of William Clucas
late of Port le Maury in the parish of Kirk Christ Rushen deceased.
That the said William Clucas being in his lifetime and at the time of his
decease possessed of and interested in a very considerable personal estate
and being minded to settle and dispose of the same, did duly make and
publish his last will and testament and they (amongst other legacies
he gave to his daughter Marjery Kelly and sister Elinor Corris) give and
bequeathed unto your petrs all such sum and sums of money as he then had
under a certain deed of mortgage in a parcel of land called Quay land and
also all such further sum and sums of money as belonging to him in a certain
other parcel of land called Cainıs land and also such sums of moneys used
and in the hands of William Farrant and Thomas Taubman of Castletown and
also all such furniture your petitioner upon her intermarriage with him
brought to the said estate of Port le Maury. And the said testator did
further in and by his will give and bequeath unto your petitioner and
William Clucas his son equally between them whatever
goods and effects should remain after satisfying and paying his debts and
legacies and of his said will nominated and appointed the said William
Clucas his son executor.
The sometime after the making the said will the said William Clucas departed
this life without revoking or making any alteration of the same, and the
said will was by the said Wm Clucas the executor therein
exhibited into your Reverences court - At a Chapter court held in Castletown
sometime in the month of June last as and for the last will
and testament of the said Wm Clucas his father in order to obtain a
probate thereto and have the burden of the executorship of the said will
committed unto him.
That Marjery Kelly one of the legatees named in said will having taken an
objection against the proving of the said will at the court aforesaid your
Reverences were pleased on that account to defer granting a probate to the
same until the said objection was first heard and determined.
That the said Marjery Kelly - William Clucas having ever promised and greed
the said suit and difference they did by Articles of Agreement by them
severally executed and bearing date the 29th day of June which
was in the year 1764 covenant grant and agreed that the said will should be
confirmed and deemed valid and that the same should be admitted as a good
and lawful will at all times hereafter as in and by the said
Articles of Agreement acknowledged before the Deemster and
afterwards lawfully confirmed by the governor and Officers and attested
office whereof the petition hath ready to produce relationing thereunto had
may more fully appear.
That the said suit and difference being thus amicably settled between
the said William Clucas and the said Marjery Kelly his sister the
petitioner hoped and expected that he the said William Clucas would
agreeable to the toner of said agreement and the trust reposed in him by the
testator have procured a probate to the said will at the Chapter
Court held at Castletown on the 24th of October last as in all justice and
equity he ought to have done; but now so it is may it please your Reverences
your petitioner finds that the said William Clucas in order to defeat and
defraud your petitioner of the benefit of her said husbands
will and the legacies thereby to her bequeathed instead of getting and
will confirmed and established did in a most surreptitious manner
exhibit into court on the 24th day of October aforesaid a certain paper
writing purporting to be the will of the said William Clucas his father
which gives the whole of such personal estate and effects as his said
father died possessed of to him the said Wm Clucas solely, and in
consequence thereof the said Wm Clucas hath obtained a probate thereto and
also procured himself sworn executor under the same.
That the said William Clucas as the pretended executor under said pretended
will hath assigned an absolute power of authority over the
whole of the said testators estate and effects as well the livings part or
moiety as the dead's part hereof and in order the more effectually to
injure and approp your petition by depriving and defrauding her not only
of the legacies so given and bequeathed her in her said husbands will but
also the livings part of moiety of such personal estate and effects as the
said William Clucas so died possessed of and which as his widow and
relict agreeable to the law and custom of this Isle these is legally
entitled unto hath lately presented a petition to your Reverences thereby
praying under various false and unjust pretenses that your Reverences would
deprive her of the said living a part of the estate and effects and your
Reverences have been pleased to grant an order for hearing the
same.
That your petitioner humbly apprehend that the said William Clucas's
suppressing said will is not only an insult upon your Reverence but also
a violation of said Articles of Agreement whereby he ratifys confirms
establishes was approved of the same and your petitioner also begs
leave to say that the said pretended will so by him registered in the
clandestine manner aforesaid doth from the circumstances have in
before mentioned do not the greatest ------- of fraud and where an aspect
that easily betrays the manner it was obtained and the reason for its
formation.
In tender consideration of the grounds and as your petitioner cannot with
safety go to a hearing with the said William Clucas under his petition
against her until the said suppressed will is first given into court and
duly established.
She therefore humbly prays that right and justice be effectually done
and administered her in the grounds and that upon legal proof being made of
the said will (so suppressed and concealed by the said William Clucas) that
the validity thereof may be pronounced for the same confirmed and
established by this court and the said pretended will or paper writing
purporting to be the said William Clucas's will now
remaining on the register may be cassatted(cancelled) and set aside. And
that this court will be pleased to take the estate and effects of the said
testator under their protection and care until this suit is determined or to
authorize and empower some proper person for that purpose. And she as bound
shall every pray.
At Consistory Court holden at Balynhown Mar 11 1765
The matters of this petition are set down to be heard at a Consistory Court
to be holden at Kirk Michael on Monday the 15th day of April next, when and
where both parties (who are now present) are to appear
without further notice and the defendant Wm Clucas is required to
exhibit a full and perfect inventory of the effects of the decreased on
said day.
Ro: Radcliffe
Matths Curghey
At a Consistory Court holden at KK Michael April 15 1765.
The defendant Wm Clucas having neglected to exhibit an inventory agreeable
to the above order of this court, and the said defendant having move that
this business be suspended till next court day, when he has engaged to
exhibit an inventory all the effects of the decease in his custody, power,
or possession. - Ordered that the same come on to be heard at Balnyhowin on
Tuesday the 7th day of May next, when both parties are to attend without
further notice, and to exhibit an inventory
of the goods in their hands respectively.
Ro: Radcliffe
Matths Curghey
At a Consistory Court holden at Ballnhowin 7th May 1765. The defendant Wm
Clucas having the neglected to exhibit an inventory agreeable to the above
rule or order of the 15th April last and contrary to his own engagement made
in court that day, he is therefore now preemptory ordered under penalty of
law for his contempt to exhibit and inventory of all the effects of the
deceased in his custody, power or possession at
our next Chapter Court to be holden at Castletown and the petition is
likewise hereby ordered to exhibit an inventory in like manner of all the
effects of the decease in her custody, power, and possession at our said
next Chapter Court at Castletown, when and where the said parties are
to attend duly prepared without further notice, and if either or both of
the parties have any evidence to offer in the cause the Episcopal
Registry hereby empowered to take the said evidence and to commit the same
to writing that the parties may appear duly prepared for trial.
Ro:Radcliffe, Maths Curghey.
At the request of the petitioners I hereby appoint Tuesdays the sixteenth of
this instant for the taking of depositions in this cause at the parish
church of Trinity Rushen by ten o'clock in the forenoon when and where
all concerned are to attend.
Given under my hand this 11th July 1765. Ja:Wilkes ER
Between Isabel Clucas widow and relict of Wm Clucas late of Rushen deceased
- Plaintiff
and
William Clucas son the said deceased Defendant
At KK Christ Rushen July 16 1765: William Carin of the parish of KK
Christ Rushen aged seventy four or thereabouts produced and sworn in behalf
of the plaintiff deposeth and saith he was well acquainted with William
Clucas late of Port le Moirey in the said parish of Rushen
deceased or twenty years before his decease and upwards - saith that about
three years ago the said Wm Clucas being ill or indisposed he the deponent
was sent for by said Clucas, as deponent was informed, for that said Clucas
wanted to speak to him saith that he the deponent there upon went to said
Clucas's house and found said Clucas ill and confined to his bed - saith
that sometime after the deponent came to said Clucas's
house as aforesaid he the said Clucas in presence of this deponent and of
Thomas Kermod proceeded to express some words purporting to be his will and
that said Clucas devised or bequeathed the money in Quay's land
to his wife the plaintiff in this cause, as also a cow called Lilly - saith
that said Clucas also bequeath the money in mortgage in Brien
Waterson's flat unto his daughter Marjery and half a furlet of barley to
his sister Ellinor Corris als Clucas and appointed his son Wm Clucas
Defendant in this cause sole executor saith he does not recollect that he
was sent for by any person in summer 1764 to have the said will of said Wm
Clucas committed to writing and that he does not remember that he directed
any person about said time or any other time, how or to what purpose to have
said will committed to writing said that he was desired
by Wm Clucas Plaintiff in this cause to attend the Chapter Court Castletown
in summer 1764 to prove the words aforesaid purporting to be
a will made by said Wm Clucas decease, in case there should be occasion for
it, and that he attended said court accordingly - saith he does not
know whether said will of said Wm Clucas was offered to the said court
or not; and that he does not know whether it was committed to writing
or not that any further legacies or bequests were devised or left by said Wm
Clucas deceased the to Plaintiff in this cause or any other person
whatsoever.
William Carin his X mark
Thomas Kermod of the parish of KK Christ Rushen aged fifty five years or
thereabouts produced and sworn in behalf of the plaintiff deposeth and saith
the know and was well acquainted with William Clucas late of Port
kil Moirey decease since he remembers anything or was acquainted with any
person, he the deponent and said Wm Clucas having been brought up together
and lived in the same neighbourhood since their infancy said
that eleven or twelve years ago or thereabouts as Deponent best remembers he
was sent for by said Wm Clucas (who was then indisposed and confined to his
bed) to speak to him the said Clucas, that he accordingly went to said
Clucas's house and that said Clucas in presence of the Deponent and Wm
Carin the former Deponent made his will and desired the Deponent to be
witness thereto saith that said Clucas left
and bequeathed the money he had in Quay's land at Castletown unto his wife
the Plaintiff in this cause as also a cow namely Lilly, together with
all her furnishing which she brought to Port kil Moirey but which word
furnish the deponent does not know that said Clucas meant unless it
was furniture and that the said Clucas did not devise or bequeath any other
legacy to his said wife, that deponent remembers or recollects - saith he
said Wm Clucas left and bequeathed the money he had on mortgage in Brien
Watersonıs land unto his daughter Marjery and a firlet
or half a firlet of barley (but which deponent does not recollect that
being some many years ago) unto his sister Ellinor Corris als Clucas and
saith that he left and appointed his son William Clucas defendant in this
cause, sole executor of all the rest of his goods moveable or immoveable
- said that said Wm Clucas defendant in this cause either sent to or
spoke to him the deponent but which deponent does not recollect to in order
to have the said will so made by said Wm Clucas committed to writing, saith
that he and Wm Carin (the former Deponent) with said Wm Clucas the defendant
went to the Rev Nicholas Christian Vicar of the parish of Rushen in order
to have said will committed to writing, and
that said Rev Mr Christian wrote said will agreeable to what this
deponent and the said Wm Carin dictated or told to him the said Mr Christian
saith that he attend the Chapter Court at Castletown in summer 1764 in order
to prove said will of said Wm Clucas, but whether he was called upon to
prove said will or not the deponent does not recollect -
saith that said will was handed in or insinuated into said court by said
Wm Clucas the defendant or some person in his behalf, and that Marjery Kelly
als Clucas daughter the deceased and sister of said defendant or some
attorney in the behalf made some objections to said will but that
her the deponent was not sworn as a witness thereto.
Thomas Kermod his X mark.
Last Modified 7 October 2014