Submitted by: | Pat Galovich |
Date: | 11 August 2009 |
Original: | LDS : 0106450 |
John Redfern Cannell Malew 1850 To His Worshipful Thos. A. Corlett Esq. Vicar General and Surrogate. The humble Petition of Margaret Cannell of Liverpool Widow of Harley Cannell formerly of Castletown deceased. Sheweth That John Redfern Cannell the oldest son and Heir at Law of the said Harley Cannell and your Petitioner departed this life some time ago abroad but previous thereto duly made and published his last will and testament in writing to wit on the 31st July 1848 thereby leaving all his property in the Isle of Man and elsewhere to your Petitioner and the said Will having been so duly executed in Liverpool and proved in the Consistory Court of Chester after the Death of the said John Redfern Cannell to wit on the seventh day of September last year. Petitioner was duly appointed and sworn Administrix under the same with the said Will annexed as the said Will has not named or appointed any Executor therein as by the office copy of the said Will under seal of the said Court will ........ fully appear. That your Petr. is desirous to have the Probate granted under the said Will extended and granted in this Island and that she may be sworn to execute the same within the Diocese of Sodor and Man in due form of Law and humbly entreats that she is entitled to the same. That the next of kin of the said John Redfern Cannell in this Island is his Uncle John Cannell and his Aunt Leonora Cannell and Alice Cannell brother and sisters of the said Harley Cannell. Wherefore she humbly prays a hearing hereof and that probate may be granted of the said Will under form of Law and that your Petr. may be appointed and sworn to execute the said Will in this Diocese in form of Law and your Petr. will pray. Fredk. L. Gelling for the Petr. Ordered that this Petition do come on to be heard at Castle Rushen on the twelfth instant whereof all proper parties to have due notice. Given this 5th April 1850. T.A. Corlett At an Eccl. Court held in Castle Town the 12th April 1850. Upon hearing this Petition after notice to parties and upon reading Letters of Administration (with the Will of John Redfern Cannell annexed) of all and singular the personal Estate of the sd. Deceased and bearing date at Chester under the Episcopal Seal of that diocese on the 13th Septr. 1849 duly certified with a copy of his the sd. Deceadts. Will thereto annexed and duly proven in the Consistory Court of the sd. Diocese I am of opinion that administration of the Goods and Effects of the sd. deceased with his Will annexed ought to be granted to Margt. Cannell the sole Legatee in the sd. Will named and the same is therefore hereby so ordered adjudged and Decreed accordingly. T.A. Corlett WHEREAS the Ecclesiastical Court of this Diocese hath this day granted Probate of the last will and Testament of John Redfern Cannell who died abroad, to Margt. Cannell sole Legatee in the sd. Will named. AND WHEREAS Robt. Kegg of Ballakindry in the Parish of Arbory and Robt. Shimmin of Ballavarkish in the Parish of Arbory have agreed to become pledges to the said Margt. Cannell for the due administration of the said Estate according to law. Therefore know all men by these Presents, that we, the said Robert Kegg and Robert Shimmin do hereby bind and oblige ourselves and our Executors and Administrators, as pledges to the said Margaret Cannell for the due and faithful administration of the goods and effects of the said deceased according to law. And in her default we bind ourselves and our Executors and Administrators to be answerable to all parties interested in the said Estate, or the Administration thereof. Witness our subscriptions this 12th day of April 1850. Witnessed by Robt. Kegg Fredk. L. Gelling Robt. Shimmin Liverpool 31st July 1848 This is to certify that it is my wish I John Redfern Cannell if any thing should happen me on the passage from Liverpool to Africa and back I bequeath all my property in the Isle of Man or else where to my Mother Margaret Cannell and in case of her death I bequeath all to my sister Margaret Elizabeth Cannell. This is my Will. John Redfern Cannell. John Arnot Forrest Witness George Antrobus Witness. In the Consistory Court of Chester The seventh day of September 1849. Appeared personally John Arnot Forrest of Liverpool in the County of Lancaster Bookeeper and being sworn upon the Holy Gospels made Oath that he is one of the attesting witnesses to the last Will and Testament of John Redfern Cannell late of the Merchant Ship Emily of the port of Liverpool in the County of Lancaster Mariner Deceased bearing date the thirty first day of July 1848 and hereto annexed that he was present on the said thirty first day of July 1848 and saw the said John Redfern Cannell deceased duly execute the same as and for his last Will and Testament by signing his name John Redfern Cannell at the foot or end thereof as it now appears George Antrobus the other attesting Witness being also present at the same time and this deponent and the said George Antrobus did then in the presence of the said testator and of each other set and subscribe their names thereto as Witnesses as they now appear. John Arnot Forrest. Sworn at Liverpool the day and year aforesaid Before me Robt. Davies M:A: Surrogate Henry Raikes Clerk Master of Arts Vicar General and Official Principal of the Right Reverend Father in God Sworn under John by divine Permission Lord Forty pounds Bishop of Chester lawfully authorized and that the To Margaret Cannell the lawful Testator died on Mother and Universal legatee named the Coast of Africa in the late Will and Testament on or about the of John Redfern Cannell late of the 27th July 1849. Merchant Ship Emily of the Port of Liverpool in the County of Lancaster Mariner deceased. Greeting Whereas the said John Redfern Cannell deceased made his Will (a Copy whereof is hereto annexed) without naming or appointing any Executor therein. We therefore, very much relying on your Fidelity, do grant unto you full power and authority to Administer Collect, Levy, Recover, and Receive all and singular the Goods, Rights, Credits, and Chattels of the said John Redfern Cannell deceased, which at the time of his Death were in his Hands and Possession, or in the Hands or Possession of any other Person or Persons for his use and fully and freely to dispose of the same according to the Tenor and Effect of the said last Will: And We do Nominate Constitute and Appoint you the said Margaret Cannell Administratrix with the Will annexed of all and singular the Goods Chattels and Credits of the said John Redfern Cannell deceased (you being first duly sworn well and truly to Administer, and according to the Tenor and effect of the said Will dispose of the said Goods, Rights, Credits, and Chattels, and pay all the Debts which the said Deceased did owe at the Time of his Death, and the Legacies in the said Will bequeathed, so far forth as the said Goods, Rights, Credits, and Chattels will extend, and the Law oblige you; and also to exhibit a true and perfect Inventory of the same Goods, Rights, Credits, and Chattels, and render a just account of your Administration thereof unto us, or some other Judge competent in this behalf, when and as often as you shall be thereunto lawfully required. The right of every person being Saved Dated at Chester under the Seal of our Office the thirteenth day of September One thousand eight hundred and forty Nine. H. Raikes Registrar Exd. by Joseph Broron ER At an Ecclesiastical Court holden at Castletown on the 12th day of April 1850. Administration with Will annexed of all and singular the Goods, Rights, Credits and Chattels of John Redfern Cannell late of the Merchant Ship “Emily” of the Port of Liverpool in the County of Lancaster Mariner deceased (of which the annexed is a true copy) having been granted to Margaret Cannell the lawful Mother and Universal legatee named in the Last Will and Testament of the said John Redfern Cannell, by Henry Raikes Clerk Master of Arts Vicar General and Official Principal of The Right Reverend Father in God John by Divine Permission Lord Bishop of Chester lawfully authorized. Upon the petition of the said Margaret Cannell the same is accepted of by this Court. And Administration with the said Will annexed of all and singular, the Goods, Rights, Credits and Chattels of said John Redfern Cannell within the Diocese of Sodor and Man are granted and committed unto her the said Margaret Cannell (no Executor having been named or appointed by the said John Redfern Cannell) and she is therefore sworn well and truly to fulfil and execute said Will according to law, to pay all just Debts, Legacies, and Funeral expenses of the Testator so far forth as the Goods, Chattels and Credits will extend and the law bind her And to return to the Episcopal Registry of this Diocese a full true and perfect Inventory of the same with an accurate account of her Administration thereof when thereunto lawfully required and to these ends she hath given pledges namely Robert Kegg and Robert Shimmin who have executed a Bond to that effect bearing equal date herewith. Acceptum et Decretum est. T.A. Corlett
Last Modified 1 October 2015