Submitted by: | Shirley C Hogensen |
Date: | 27 April 2003 |
Original: | LDS: 0106227 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
58 Maughold In the name of God Amen. I Ann Kerruish of Bwooillevelt in the parish of KK Maughold being at present of sound and disposing mind memory and understanding do make my last will and testament in the following manner. First I commit my soul to God and my body to Christian burial. Item I leave and bequeath unto my daughter Ann Callow the sum of ten pounds as legacy. Item I leave and bequeath unto my daughter Joney Kerruish the sum of two guineas as legacy. Item to my daughter Isabel Joughin I leave and bequeath the sum of two guineas as legacy. Item To my son John Kerruish I leave and bequeath the sheep that are between me and Wm Breekwith a horse or a cow as legacy which soever he chooses. And for as much as my said son John rec'd from me four guineas it is my will and desire that my said son give up one half of the ----- pan unto my daughter Margt otherwise that he do pay unto my said daughter Margt the sum of three guineas and the other guinea I bestow him. Lastly I nominate constitute and appoint my three daughters Ann Callow, Catharine Black, and Margt Kermod to be whole and sole executrixes of all the rest of my goods and effects moveable and immoveable of what nature or denomination soever. As witness my mark to my name this 8th Nov 1777. Ann Kerruish her mark x Witnesses present: Thos Cubbon Edward Corkill Jurati At a Consistory Court holden at Douglas 2 Feb 1779. John Kermod husband of Margt Kermod and Ann Callow two of the within named executrixes are sworn in court in form of law and to be true and just the one to the other and pledges in behalf of John Kermod and John Kerruish of Booilleevelt and Edward Corkill the witness. Pledges in behalf of Ann Callow and Wm Callow of KK Andreas of John Quine of the KK Maughold. Probatum est John:Moore, Ev: Christian At KK Maughold March 6th 1779. Catherine Black one of the Executrixes within named this day sworn executrix pursuant to the annexed power of attorney and to be true and just to her co-executrixes. And hath given pledges for the payment of debts and legacies namely Wm Radcliffe of KK Andreas and John Quine of KK Maughold Thomas Cubbon March 6th 1779. John Black and Catharine Black his wife desire notice may be taken of their claim against the assets and effects of Ann Kerruish for the sum of 12 pounds 4.4. Whereas there are some disputes between Ann Callow, Catharine Black and John Kermod, executors of the last will and testament of their mother Ann Kerruish and John Kerruish son of the said Ann Kerruish touching the effect of their said mother Ann Kerruish. In order therefore to avoid all disputes relative thereto the parties have come to the following agreemnt vizt. The said John Kerruish agrees to pay unto Ann Callow the sum of six pounds and unto Catharine Black and John Kermod the sum of five pounds each and for which said respective sums the said John Kerruish has given his notes to the parties respectively. In consideration whereof we the said Ann Callow, Catharine Black and John Kermod do give up all our right, title, and interest of in and unto the effects of our said mother and do desire that the said John Kerruish may take upon him the burthen(burden) and execution of said will, pay all her debts and legacies and do all things appertaining to and incumbent upon an executor. As witness our subscriptions this 19th day of March 1779. Ann Callow Catharine Black John Kermode John Kerruish Signed and duly executed in present of Wm Christian Margt Cubbon At KK Maughold March 19th 1779 The parties acknowledged the before going agreement to be their mutual and voluntary act and deed where upon John Kerruish is sworn only to fulfill the last will and testament of his mother Ann Kerruish to pay all her just debts and legacies as far as the goods will extend and the law shall bind to which he hath given pledges in form of law namely Wm Christian of Ballaterron and John Kermod of Ballajora both of KK Maughold. Thomas Cubbon. Whereas by the last will and testament of Ann Kerruish (of Bwooleyvelt of the parish of KK Maughold widow and relict of Robert Kerruish) dated the 8th Nov 1777 amongst Ann Callow alias Kerruish the sum of 10 pounds Manx which legacy was never yet discharged and whereas the said Ann Callow, Catharine Black and Margt Kermode being made co-executrixes in the said will they did assign over their administration to their brother John Kerruish by written agreement dtd 19th March 1779 by which agreement the said John Kerruish took upon himself the burthen(burden) of the said administration biding himself to pay all legacies mentioned in the said will and whereas the said John Kerruish dying interstate before the above legacy of 10 pounds was discharge his son Wm Kerruish the said John Kerruish only representive has this day paid and discharged the same to Ann Logan the representative of the said Ann Callow lately deceased. As witness my name this 17th June 1807 - desiring the same may be cancelled off record. Ann Logan Witness present Mr Worthen At KK Maughold Nov 23d 1782 I Daniel Joughin husband of Isabel Joughen and I Ewan Kerruish husband of Joney Kerruish do each of us respectively acknowledge to have received and to be fully paid the sum of two guineas each, the same being a legacy bequeathed unto each of our wives by the last will and testament of our mother in law Ann Kerruish and we do hereby each of us respectively release and acquit and exonerate and discharge the executors of the last will and testament of the said Ann Kerruish of said respective legacies. As witness our marks to our names this day and date above written. Daniel Joughen his x Ewan Kerruish his x Before me Thos Cubbon Ar Reg. Whereas Ann Kerruish of Bwooilyvelt in the parish of Maughold lately departed this life and previous thereto duly made and published her last will and testament in writing whereof she appointed her three daughters Ann Callow, Cath Black and Margt Kermode joint executrixes and residuary legatees. And whereas John Black the said Catharine Black's husband is at present indisposed and unable to attend the court in order to take upon him the execution of the said will in right of the said Cath his wife (so far as she is concerned and comply with such forms and requisites as are necessary thereto, but is desirous that she the said Cath should appear in his behalf for that purpose. Now know all men by these present that I the said John Black have made ordained authorized constituted and appointed and by these presents do make ordain authorize constitute appoint the said Catharine Black my true and lawful attorney for me and in my name to appear before any of the Ecclesiastical Courts of this Isle and there jointly with the said Ann Callow and Margt Kermode to take upon her so far as she is concerned the burden of execution of the last will and testament of the said Ann Kerruish late decease whereof the said Catharine Black is appointed one of the Executrixes as aforesaid and to take the oath of an Executrix and give pledges for the execution of the said will in due form and in general to do execute and comply with all matters things and forms and requisites material necessary or in any wise relative to the being sworn and appointed a lawful executrix of the said will as fully and effectually to all intents and purposes as I the said John Black might or could do if I were personally by and present and did the same in my proper persons. Hereby ratifying allowing and confirming all and whatsoever acts and things my said attorney shall lawfully do or cause to be done in or about the premises by ---- of these presents. In witness whereof I have hereunto subscribed my name this 23rd day of February 1779. John Black Witnesses Present John Sayle. March 13th 1779 John Black acknowledge the before going power of attorney to be his voluntary and proper acts and deed Before Me Thos Cubbon Virtue of the Rev Vic Genl Christian authority granted on the petition of Ann Callow I lawfully charged the Rev Thos Cubbon and Edward Corkill as witnesses Danl Joughin and Isabella his wife John Kermode and Margt his wife, Ewan Kerruish and Judith his wife John Black and Catharine his wife and John Kerruish all to appear before your Reverence at a Consistory Court held at Douglas on Thursday next by ten o'clock in the forenoon to answer the suit of Ann Callow this I aver this 19th day of Febry 1779. David Kinrade Summoner of KK Maughold my mark X The humble petition of Ann Callow of the town of Maughold. Humbly Sheweth: That your petitioner being made executrix of the last will and testament of Ann Kerruish of the parish of KK Maughold lately, deceased, and as petitioner apprehends that the courts shall be toward May And perishable goods bequeathed, Petitioner in the said last will and at a considerable distance from petition our of her power to give due attendance which will be much less to petitioner till Chapter Courts come on. She therefore most humbly implores your Reverence to grant petition your authority to charge the witnesses of said will against your next Consistory Court to get said will taken in which granted petitioners shall for your Reverence happiness ever pray. Ordered that the matter of this petition do come on to be heard at a Consistory Court to be holden at Douglas on Thursday the 25th instant where of all the next of kin of the said Ann Kerruish and all proper parties and witnesses are to have legal notice and service. Given at KK Patrick 13th Febr 1779. Ev Christian
Last Modified 3 Aug 2014