Submitted by: | Shirley C Hogensen |
Date: | 14 June 2003 |
Original: | LDS: 0106253 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
28 Marown The last will and testament of Robert Quilliam of Ballacallin Beg in the parish of Kirk Marown being of sound mind and retentive memory at the declaration thereof. First Item I commend my soul to God and my body to Christian burial. Second Item I leave and bequeath unto my son Robert two and six pence. Thirdly I leave and bequeath unto my son John two and six pence. Fourthly I leave and bequeath unto my daughter Mary Quay two and six pence. Fifthly I leave and bequeath unto my daughter Elizabeth Roney two and six pence. Sixthly I leave and bequeath unto my daughter Catharine Quilliam the sum of two and six pence. And lastly I nominate and appoint my daughter Ann Christian Caine my sole executrix of all my worldly goods moveable and immoveable of every description whatsoever, consisting of notes, mortgages, monies, chattels, household furniture, books, plate, beds, bedding, linen wearing and best apparel and effects of every denomination whatsoever subjecting my executrix to the payment of all my just and legal debts, and my funeral expenses. And to prevent all litigation and strife after my death about this my last will I leave and bequeath one shilling legacy to any person who can legally claim it. Witness my name and signature this second day of January one thousand eight hundred and fifty 1850. Robert Quilliam Witnesses: John Gell James Kermod At Douglas 28th Feb 1851 Between William Cain Petitioner and Robert Quilliam Defendant In the Consistorial Court exhibited to John Gell and James Kermode witnesses produced sworn and examined on the part of the petitioner and referred in their depositions taken this day Before me R. Brown A.R. At a Chapter Court holden at Douglas on the 23rd day of May 1851. The subscribing witness to the foregoing last will and testament of Robert Quilliam deceased having been specially examined and their evidence committed to writing under rule of the Ecclesiastical Court dated the 14h February last, and Robert Quilliam the defendant having this day personally appeared and withdrawn all opposition to the granting of probate in usual form. William Cain husband of Ann Christian the executrix therein named is therefore sworn well and truly to fulfil and execute said will according to law to pay all just debts legacies and funeral expences of the testator so far forth as the goods and effects will extend and the law bind him to return to the Archdeacon's Registry a full true and perfect inventory of said estate and effects with an accurate account of his acts and proceedings in the premises when thereunto lawfully required and to these ends he hath given pledges namely John Gell and John Moore who have executed a bond to that effect bearing equal date herewith. Probatums Est T. A. Corlett At an Eccl Court held in Douglas the 14th Feb 1851 Upon hearing this petition in presence of the parties or their advocates and upon motion of Robert Quilliam one of the next of kin of the deceased it is ordered that this petition and the will therein referred to be recorded and that the depositions of witnesses touching the validity of the said will be taken by and before Robert Brown Esq the Archdeacons Registry at such time and place as he may appoint. T. A. Corlett At an Eccl Court held in Douglas on the 23rd day of May 1851 upon finally hearing this petition at request and in presence of parties or their advocates and upon reading the depositions of John Gell and James Kermode the witnesses to the will of Robert Quilliam deceased taken under rule of this court and upon consideration thereof and of what was otherwise pleaded offered argued alleged and admitted by and on behalf of the parties respectively, and the said defendant Robert Quilliam having personally appeared and withdrawn all further opposition to the granting of probate . This court is of opinion that the due execution of the last will and testament of Robert Quilliam deceased in this petition mentioned has been proved and that probate thereof ought therefore to be granted to the petitioner, and this court is further of opinion that that the said defendant ought to pay the petitioners costs of this suit up to this day to be taxed - he having failed to shew any just cause for his resistance to said will which only devises personal property and the same is therefore hereby so ordered adjudged and decreed accordingly. T. A. Corlett [Depositions not typed.]
Last Modified 29 February 2016