| Submitted by: | Shirley C Hogensen |
| Date: | 10 November 2003 |
| Original: | LDS: 0106252 |
68
In the name of god Amen. I Dorothy Cannell wife of Patrick Cannell of
Kionedroghad in the parish of Michael do make this my last will and
testament being of sound mind and memory and understanding at the making
hereof this 2nd day of April 1847.
First I commit my soul to God and my body to Christian burial.
I leave and bequeath to my son Patrick Cannell the winnowing machine.
I leave and bequeath to the wife of my son John Cannell all my cloathing.
I leave to my sons Hugh Cannell and Philip Cannell the sum of ten shillings
each as legacy.
I leave to my daughter Eleanor the wife of William Clark the sum of ten
shillings.
I leave to my sons Thomas Cannell and William Cannell all my right and title
to a meadow in Orrisdale Kirk Michael which was purchased from Thomas
Cannell (dyer) to possess and enjoy the same at my decease. Nevertheless if
my husband Patrick Cannell will survive me he is to reap the benefit thereof
during his life.
I leave and bequeath to my loving husband a promissory note of 20 pounds
which was possessed by Wm Teare of KK Andreas and another note from John
Quark of the said parish and also the money I have in the Savings Bank in
Ramsey also all the living stock and crop on the premises of Kionedroghad.
Lastly I nominate and appoint my two sons Thomas Cannell and William
Cannell whole and sole executors of this my last will and testament and of
the rest of my goods, cash, credits, and other effects both moveable and
immoveable the day and year before written.
Dorothy Cannell x Mark
Signed and delivered in presence of
L.L. Kelly
Patrick Kelly
Dec 24th 1847
At Kirk Michael the 25th July 1848.
Between Thomas Cannell and Wm Cannell executor petitioners named in the
foregoing will.
Patrick Cannell Junior eldest son of Dorothy Cannell deceased defendent
Exhibited to Patrick Kelly and L.L. Kelly witnesses produced sworn and
examined on the part of petitioners and referred to their depositions taken
in the cause before me. R. Brown A. R.
At a Consistorial Court holden at Kirk Michael the 27th July 1848.
The foregoing paper writing purporting to be the last will and testament and
codicil of Dorothy Cannell of Michael deceased, having been duly proved by
the evidence taken before the Archdeacon's Registrar, under rule of this
court dated 9th June last and Patrick Cannell Junior the defendent by his
advocate having consented that the same should be received and the executor
sworn therefore Thomas Cannell and William Cannell the executors in said
will and testament named are sworn well and truly to fulfil and execute the
same according to law to pay all just debts legacies and funeral expences of
the testatrix so far forth as her goods and effects will thereto extend and
the law registry of this diocese a full true and perfect inventory of said
goods and effects with an accurate account of their acts and proceedings in
the premises when thereunto lawfully required and to these ends they have
given pledges in form of law namely John Caine and Patrick Cannell Senior
both of Orrisdale in the parish of Kirk Michael who have executed the usual
bond bearing equal date herewith.
Probatum Est R. I. Sodor and Mann T. A. Corlett
Whereas the Eccl Court of this Diocese hath this day granted probate of the
last will and testament of Dorothy Cannell late of KK Michael deceased, to
Thomas Cannell and Wm Cannell executors of the said will.
And whereas John Caine of Orrisdale in the parish of KK Michael and Pat
Cannell Senior of Orrisdale in the parish of Michael have agreed to become
pledges to the said Thomas Cannell and Wm Cannell.
Therefore know all Men by these presents, that we, the said John Caine and
Pat Cannell hereby bind and oblige ourselves and other Executors and
Administrators, as pledges to the said Dorothy Cannell for the due and
faithful administration of the goods and effects of the said deceased,
according to Law.
Witness our subscriptions, this 27th day of July 1848.
John Caine
Patrick Cannell
Witnessed by J. Kelly Junior
Between Thomas Cannell and William Cannell the executors named in a certain
paper purporting to be the last will and testament of Dorothy Cannell of
Michael deceased.
and
Patrick Cannell, Junior, Heir at Law, of said Dorothy Cannell - defendant.
In the Consistorial Court depositions of witnesses on the part of the
petitioners in the above styled cause taken at the court house Kirk Michael
this twenty fifth day of July One thousand eight hundred and forty eight by
an order of the Chapter Court dated the twenty ninth June One thousand eight
hundred and forty eight.
Patrick Kelly Parochial School Master of Michael being sworn and examined
deposeth and said he knows the parties in this cause and also knew Dorothy
Cannell, deceased, late wife of Patrick Cannell, Senior, of Kionedroghad in
Orrisdale. Deponent has looked at the paper writing now produced and
exhibited to him and marked with the letter A and so certified with a
codicil thereto annexed purporting to be the last will and testament of said
deceased and saith that the same was written by this defendent by
instruction received by him from said decedent and the said paper writing
marked A purporting to be the last will and testament and codicil of said
testatrix were duly executed by said deceased on the days they respectively
bear date in presence of this deponent and of L. L .Kelly the other
subscribing witness thereto and the deponent and the said L. L. Kelly
subscribed their names as witnesses to be execution of said will and codicil
in presence of the said testatrix and of each other. At the times of the
execution of said will and codicil marked A deponent read them over to
deceased in English and explained them to her in manner and on occasions
decedent was of perfect sound disposing mind memory and understanding. and
decedent appeared to deponent to be as competent as himself to make the said
will and codicil.
Cross examined - Saith deponent did not receive instructions to prepare the
said paper writing marked A from Patrick Cannell Senior husband of decedent
that deponent does not know that he ever received any instructions from said
Patrick Cannell to prepare such will. That deponent received instruction
from the decedent in his own house to prepare said will marked A on the day
on which the said will was written and bears date. Patrick Cannell Senior
deceased husband was present with decedent on the occasion aforesaid.
Decedent was only person gave defendant instructions to prepare said will
marked A and deponent does not know that he received any instructions from
any other person that he knows of. Being asked whether Pat Cannell Senior
spoke any thing to deponent about making his wife's will - deponent replies,
not that I know of - he spoke to me about making his own will. Deponent
does not recollect that he ever received any instructions in writing from
said Pat Cannell Senior to write decedents will. Deponent cannot recollect
that on the occasion of so preparing decedents will that he heard said Pat
Cannell Senior ask his said wife to leave him a legacy - nor does deponent
recollect that on said occasion said Patrick Cannell, Senior, suggested that
any particular legacy ought to be left to any of decedents children. Being
asked whether on the occasion of receiving instructions from said decedent
to make her will whether Pat Cannell Senior was silent all the time deponent
replies he does not recollect any conversation whatever used by said Patrick
Cannell about decedents will that to best of deponents recollection while
deponent was receiving instructions from decedent to write her will no one
was present except decedent, said Patrick Cannell Senior, and deponent until
the will was written and decedent and her said husband remained there unto
the said will marked A was executed. That deponents son L. L. Kelly the
other subscribing witness to said paper marked A was not present while
deponent received instructions from said decedent to prepare her will and
deponent best recollects that after said paper writing was written said L.
L. Kelly the other subscribing witness thereto was sent for - Dept does not
know whether decedent could write her name or not but deponent best
recollects that after said paper writing was written said L. L. Kelly the
other subscribing witness thereto was sent for - Deponent does not know
whether decedents name and cross marks to said will and codicil - that
decedent preferred having her cross mark put to said paper writing marked or
expressed some words to that effect. As far as deponent recollection he
explained in Manks every passage of said paper writing marked A to decedent
in the best way he could before it was executed. That decedent did not speak
English well. That on the 24th Dec 1847 when the codicil to said paper
writing marked A was written and executed decedent and her husband came to
deponents together and deponent does not recollect that any other person was
with them on said occasion or which of them spoke first related to making
said codicil that deponent recollects on the occasion of writing said
codicil it was mentioned in conversation that the will would not be
sufficient unless a legacy was left decedents son John. As far as deponent
recollects and believes it was decedent who wished to have it done as and
deponent does not recollect that said Patrick Cannell Senior made any
observation about it. Deponent received no instruction for said decedent in
said will.
Re-examined saith that deponent had received instruction from said Patrick
Cannell Senior to prepare his will and it was executed on the same day and
occasion as decedents will. In deponents opinion decedent understood and
spoke English. Patrick Kelly
Lewis Llewellyn Kelly of the parish of Michael, Shoemaker, being sworn and
examined deposeth and saith he knows the parties in this cause and also knew
the decedent Dorothy Cannell late wife of Patrick Cannell Senior of
Kionedroghad in Orrisdale. Deponent has looked at the paper writing already
exhibited in this cause marked with the letter A and so certified and
purporting to be the last will and testament. That said paper writings
marked A were duly executed by said decedent in presence of this deponent
and of Patrick Kelly deponent's father the other subscribing witness thereto
on the day on which respectively bear date - that on said occasion of the
execution of said will and codicil decedent appeared to deponent to be of
perfect sound mind memory and understanding - that the will was read to
decedent before it was executed and also the codicil before it was executed
by decedent as aforesaid. And the deponent and the said Patrick Kelly
subscribed their name to the due execution of said will and codicil in
presence of each other and the said decedent.
Cross examined deponent saw decedent sometime before the said will was
executed and had a conversation with her on which occasion decedent and
deponent spoke English - deponent says it is not 7 years since the above
conversation took place and deponent cannot say whether it is one, two,
three years ago nor is deponent sure it is four years and that it is five
since - that on the occasion of the execution of the paper writing marked A
deponent saw no other paper produced by the paper writing marked A - that
upon going upstairs into the room where the parties were, deponent found
decedent, her husband, and Patrick Kelly the other witness - that the only
thing deponent remembers decedent said on said occasion was that all was
right - that said paper writing was read to decedent by deponents father
Patrick Kelly in English but deponent does not remember whether or not if
deponent having looked at the said will marked A says the same was duly
executed by decedent on the 2nd April 1847 the day on which it was written
and executed as foresaid that deponent knows the date on which said will was
executed by looking at the said paper and by deponent having put his name as
a witness to it. That if deponent is not mistaken the codicil was written
on Good Friday, if not deponent knows it by date of the codicil and his
having put his name to it the day it bears date. Deponent remembers the
codicil was date the day it was written and executed and decedents husband
was present on said occasion to best of deponents recollection after said
paper writing marked A was so executed it was given to deponents father to
keep. It could not by any possibility have been written since for deponents
name is signed thereto as a witness and defendant has not witnessed any
paper between the parties since re-examined deponent saith it was after the
said paper writing marked A were read and explained to decedent distinctly
by the former witness Patrick Kelly that decedent said all was right as
aforesaid and the decedent then executed the same. L. L. Kelly
Taken by me R. Brown A. R.
Last Modified 10 February 2016