Submitted by: | Joyce M Oates |
Date: | 12 November 2007 |
Original: | LDS: 0106231 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
Archdeacon Will 1792#57 Lezayre of Jane Christian alias Cowle, wife of Standish Christian of Ellanbane, Lezayre, made 6 March 1792: Lezayre, 57 In the name of God Amen. I Jane Christian otherwise Cowle wife of Standish Christian of Ellanbane in the Parish of KK Christ Lezayre, being in a sickly declining condition, but by the favour of God of sound and disposing mind and memory, do make this my last will and Testament in manner and form following. First I commit my soul to God, and my body to Christian burial. Item, I leave bequeath and devise unto my only son and heir Charles Christian all my rights title and Estate of what kind or nature soever in and to a certain Mountain known by thye name of Carrin and the two Close Moors together with my right of the tythes which was purchased from his Grace the Duke of Athol all of them situated in the Parish of KK Christ Lezayre, and to be possessed by him immediately after my decease free & debtless. Item, I leave and bequeath to my daughter Mary Christian the sum of twenty pounds and a piece of stuff which is at present at Kelly’s ---- -----[dark area] and all my petticoats. Item, I leave and bequeath to my daughter Margery Cowle wife of Charles Cowle ----- a black gown and ----- pounds ------[dark area at bottom of page] to my said Margaret Cowle’s son whose name is John and in case her said son John shall dye before he comes to age then and in that case whatever part of said sum remains, the same is to be laid out on the next child to pay for his Education. Item, I leave and bequeath to my daughter Elizabeth Christian twenty pounds, and a black Bumbarine gown. Item, I leave and bequeath to my daughter Jane wife of Thos: Kinread twenty pounds, and to her daughter Margaret Kinread a sheep and a lamb. Item, I leave and bequeath to my husband Standish Christian the writing desk. Lastly I do hereby nominate constitute and appoint my dutiful and affection son Charles Christian sole and whole Executor of this my last will and Testament and Residuary legatee of all the rest of my goods, chattels, credits, and effects of what kind or nature soever hereby revoking and declaring other or former will or wills by me made null and void and declaring this to be my only last will and testament. And in case any person of persons shall claim this my lst will and testament, I do hereby cut off him or them with ----[dark area] legacy in Witness hereof I do hereby affix my mark to my name this six day of March 1792. Jane Christian alias Cowle my X. Signed and published by the Testatrix, as her last Will and Testament in the presence of us: William Creer my X, William ----, juratie. At a Consistory court holden in the Court house in the Parish of Michael on Friday the 18th Day of May 1792: The Executor is sworn in Court in form of Law and hath given pledges for the payment of debts and legacies, namely Thomas[?] Brew of the Parish of Andreas, gentlemen, and James Clark of the Parish of Lezayre, yeoman. Probatum est, Ev: Christian, Wm Clucas. Amount of the accts --- of the goods & effects of Jane Christian late decd --- £86:11:11p Out of wch to be deducted the sum of, being a charge agt sd Estate ------------ 6 : 5 : 8 There remains clear the sum of ----------------------------------------------------- £ 80 : 6 : 3 The amount of the claim proved agt the Estate of sd Jane Christian with the interest due on some of the bonds ------------------------------------------- 96 : 16 : 2 So that there is deficiency of £ 16: 16, to pay the several claimants as appears by the accts returned to the Archdeacons Registry. Tho: Cubbon Ar Reg. The above sum of £80:6:3 makes a -------------------[2 lines are too dark to read] To the Reverend Messr Evan Christian and William Clucas Vicars Genl of this Isle: The humble petition of Standish Christian of Elanbane in the Parish of Lezayre; Sheweth, that your pettrs wife Jane Christian having lately departed this life and previously made as your pettr is informed her last will and testament whereby she apointed her son Charles Executor and Residuary legatee and amngst other bequests did bequeath to all your pettnrs children several considerable legacies which your said son Charles Christian means to evade as he seems to d----t said will which you pettr is fully s----able of as he has repeatedly ----- his said son to take the pettr into his care which he utterly[?] -------[dark area] meaning thereby to evade payments and become heir to the purchased lands of your pettr and the decedent, That the effects of the decedent are in a Ruinous situation and perishable condition through the said Execr diserting[?, dissenting?] the said Will, ----d--- consideration whereof our pettr in justice to all parties humbly prays that the sumner of said perish may in the mean time be ordered to secure the property of the decedent by dividing[?] and taking into custody the ------------ of ---- and all ----- --------[the bottom 2 lines of the page are too dark to read well] to the next of Kindred according to Law as also that your Reverence will ------[dark edge] to grand a hearing hereof at such time & place as you shall appoint Whereby Justice may be done to the Creditors and legatees of your pettr’s said wife and all ---------- timely prevented and your pettr as in duty bound shall for your Reverences happy as ever pray. Ordered that the before going Petition do come on to be heard at a Consistory Court to be holden in the Court house in the Parish of Michael on Friday next whereof all proper Parties & Witnesses to have due notice. Given at KK Patrick 15th May 1792. Ev: Christian. To the Revd Messr EvanChristian and William Clucas Vicars Genl of this Isle: T he humble petition of Charles Christian of Ellanbane in the Parish of Lezayre, Sheweth: That your Petr as Executor to his Mother Mrs Jane Christian has returned an Inventory to your Reverences Court Registry which only amounts to the sum of seventy two pounds Manks, That the several claims now entered agt her said Estate are vastly more than the amount there of and your Petr being desirous of making the most of the said Estate upon sale and having an Equitable distribution made in aproportionable manner according to the Claims of the Several creditors in a just and Equitable manner, and your Petr being apprehensive some other Creditors are to bring suits in Chancery agt him and some others who have obtained your Reverences orders are Executing them agt your Petr; --- your Petr humbly prays a stay of all proceedings upon such orders or judgment as have been granted against him until such time as the Estate may be disposed of to the best advantage and distribution made or ----- of the whole Estate and your Petr shall &c. The matters of the within Petr are ordered to come on to be heard at the Consistory Court to be holden at the House of Thos: Quine in the parish of KK Patrick on the last Thursday in the month of July next whereof the principal Creditors to have due notice and in the meantime the orders complain’d of are stay’d. Given this 8th June 1793, Wm Clucas. At a consistory Court holden in the Court house in the Parish of KK Patrick on the 25th Day of July 1793. Ordered that the before going Petition do come are to be heard at a Consistory Court to be holden in the Court house in the Parish of KK Michael on the last Thursday in the month of October next and that in the meant time the said orders or Judgments of the Court to be stay’d and suspended whereof all proper Parties and Persons t o have due notice. Ev: Christian, Wm Clucas. At a Consistory Court holden in the Court house in the Parish of KK Michael on Thursday the 31st day of October 1793: Upon having the beforegoing Petition in----- of the Petitioner and of some of the ----- of Creditors of the Estate of the said Jane Christian ------------- [last 2 lines are in dark area of page, hard to read] thereof --- also of what was otherwise pleaded ------ [dark area] alledged by and in behalf of the said Portion respectively The Court do order that the Revd: Mr Thos: Cubbon Archd: Regr: do ascertain the clear amount of the said Jane Christian’s Estate and after deducting there from her Funeral expences and all debts to be paid in preference out of the said Estate, do divide and distribute the remainder thereof penny-pound-like amongst the common Creditors of the said Estate who have legally entered and proved their claims against the same; and it is likewise hereby further ordered that the Petitioner do forthwith pay unto the said Creditors their respective dividends as ascertained and struck in Manner aforesd otherwise that he bee committed to Prison there to remain until he shall submit to Law and pay all Fees. Ev: Christian, Wm Clucas. To the Sumner of Lezayre ------ ------- who if disobeyed to apply for a constable. To the Revd William Clucas Vicar Genl &c, The humble petition of Charles Christian of the Town of Ramsey, Humbly Sheweth: That one John Kissage of the paish of lezayre, sometime ago entered a claim against the Estate of Jane Christian to whose will Petr is Execr for the sum of one pound, eleven shillings & five pence, and for wch sd sum he had petrs Fathers note for and was paid by an execution against his sd Father as has been made to appear ----- regardless to Law & Justice, He the sd Kissage and petrs sd Father did combine together that Kissage would sue Petr for the contents of sd Note and to return a moiety thereof to Petrs sd Father, and accordingly sd Kissage did sue Petr and obtained an order that Petr never knew till of Late that the contents of sd Note was paid not of their combination about the sum, but now Petr can make to appear by faithworthy evidences that the contents of sd Note was fully paid as afforsd. Wherefore Petr humbly bets your Revnce to take this cause to your mercyfull and judicious consideration, and to grant authority to charge sd John Kissage and all that can give light in sd cause before your Revnce, and that in the meantime sd order against Petr may be stayed; which granted Petr shall pray &c. This Petr is ordered to come on to be heard before me at a Court to be holden in the parish of KK Bride of Friday the 28th day of this month whereof all proper Parties and Persons to have legal Notice and in the meantime the order complained of in this Petn is stayed. Given this 15th day of March 1794. Wm Clucas. At KK Bride 28th Mar 1794: The above written order is continued to the 2d day of May next in Ramsey. Wm Clucas. At a Court holden at Ramsey the 2d day of May 1794: The matters of the within and before written Petn have come on to be heard before me in presence of the Parties and upon hearing the Testimony of Wm Crow a witness produced sworn and examined at the Instance of John Kissage the Defendant in said Petn mentioned and also upon hearing what was argued pleaded alledged and admitted by and on behalf of the Patries respectively on consideration had thereof I am of opinion that the said Petition ought to be dismissed and it is therefore dismissed accordingly. Wm. Clucas. At KK Bride 23d May 1794: Charles Christian Excr of the last Will & Testamt of Jane Christian of the parish of Lezayre late decd, Plaintiff & Standish Christian of the sd parish of Lezayre, Defendant: It appearing upon trial that the Defendant is indebted unto the Plaintiff in the sum eleven pounds twelve shillings and four pence for and on acct of several Articles bought at the auction of the goods & effects of the said Jane Christian a schedule of which is hereunto annexed and also in the further sum of four shillings and six pence recover’d of the Execrs of Philip Garret decd which said sums together amount to the sum of eleven pounds sixteen shillings and ten pence. Ordered therfor that the Defdt Standish Christian do forthwith pay and discharge the said sum of eleven pounds sixteen shillings and ten pence, Otherwise to be committed to prison there to remain until he shall submit to Law and pay all fees. Wm Clucas. To the Sumner of Lezayre who if disobeyed to apply for a constable. At KK Bride 23d May 1794: Charles Christian of the parish of Lezayre Plaintiff, & Standish Christian of the said parish of Lezayre: It appearing by the last Will and Testamt of Jane Christian recorded Lib: 1mus 1770 that he the said John ------[dark right edge] left and bequeathed the sum of one pound legacy to the laintiff and it also appears upon trial that the Defendant had receive said legacy of one Pound for the use of the Plaintiff and it appearing by the both[?] of ---- Plaintiff that he the sd Pltf had not received or been paid the ---- Legacy. Ordered therefore that the Defdt Standish Christian do forthwith pay and discharge said legacy of one Pound, otherwise to be committed to prison there to remain until he shall submit to ---- and pay all Fee. Wm Clucas. To the Sumner of Lezayre who if disobeyed to apply for a Constable. At KK Bride June 6th 1794: Charles Christian Excr of the last will & testmt of Jane Christian of the parish of Lezayre decd, Plaintiff & Standish Christian of the said parish of Lezayre, Defendant: It appearing upon trial that the Defdt Standish Christian is indebted to the Plaintiff in the sum of six shillings for and on account of eight kishens of barley, ordered therefore that the said Defendant do forthwith pay and discharge the said sum of six shillings subpoena juris with all Fees. Wm Clucas. To the Sumner of Lezayre who if disobeyed to apply for a constable. To the Reverend William Clucas one of the Vicars General of this Isle, The Humble petition of Standish Christian of the parish of Lezayre, Sheweth, that your pettr son Charles Christianas Executor to his deceased Mother obtained two orders from your Reverence against your pettr wherein are comprised[?] the dead & livings parts due on said account which your pettr presumes to observe[?] is contrary to all law and justice as one half ought to be abs----ed and abated in regard that he as Executor to your pettr wife ought to be subject to one half the debts. Your pettr therefore prays for a suspension of said judgements and a ----aring whereby he may have legal justice and remedy according to Law and he shall for your Reverences happiness ever pray. Ordered that the matters of the within written Petr do come on to be heard before me at a Court to be holden at the House of Chars Kewn in the parish of KK Bride on Friday the fourth day of July next whereof all proper Parties and Persons to have legal notice and in the meantime the Judgments within mentioned are stayed. Given the 27th June 1794, Wm Clucas. At KK Bride 4th July 1794: Continued to Friday next. Wm Clucas. This is to Certify that I have served Mrs. Ann Corlett of Ramsey for Clarke Christian with the Petition of Standish Christian and the Revd Vicar Genl Clucas continued order thereon and also charge with the sd Ann Corlet for the sd Charles Christian to appear before his sd Revnc at the House of Charles Kewin in KK Bride on Friday next where called to Answer the sd Petition and suit of the sd Standish Christian, This 8th day of July 1794. John Christian, Sumner Genl. At a Court holden at the House of Chars Kewn in the parish of KK Bride on the 11th day of July 1794: Upon hearing the matters of the before written Petr in presence of the Parties and upon reading the minutes of one of the orders in said Petr complains of dated 23d May 1794 for one pound being a legacy left by John Cowle to Chars Christian the Petr son and Defdt in this Petr mentioned and which sd Legacy had been received by the Petr, And it appearing that the said Charles Christian as Execr to his mother Jane Christian wife of the Petr is subject to the payment of a moiety of the said Legacy on consideration whereof it is hereby adjudged and decreed that the Petr is only to pay one moiety of the said order viz ten shillings on acct of the sd Legacy, And with respect to the other order of equal date in sd Petr mentioned the Petrs charges and allegations being frivolous and groundless I am of opinion that this Petr so far as concerns the sd order ought to be dismissed and it is hereby dismissed accordingly, Wm Clucas.
Last Modified 5 June 2014