Submitted by: | Shirley C Hogensen |
Date: | 18 October 2001 |
Original: | LDS: 0106461 |
NOTE: the pagination may not be correct and missing or interpolated words may not be clearly indicated.
Malew 1860 #21 I Thomas Dinwoody late of Castletown in the Isle of Man but now residing in the United State of America do hereby nominate, constitute, and appoint James Mylchreest of Castletown aforesaid Merchant my attorney for me and in my name to receive and recover any sum or sums of money which may be due and owing to me in the Isle Of Man aforesaid whether the same be part of moneys in the court of Chancery of such Isle of otherwise. And I hereby declare that the said money when received shall be held by the said James Mylchreest in trust for me. Provided however that the receipt of my daughter Marharet Dinwoody shall be a good discharge to the said James Mylchreest for any sum of money paid by him to her on my account and it shall be at the sole and absolute discretion of the said James Mylchreest what sum he shall from time to time pay to me or to my said daughter on my account of the moneys which he may received as aforesaid. As witness my for me and in my name to make execute and deliver receipts and discharges for any such sum when recovered but to take all such steps and proceedings whether at law or in equity for the recovery of any such sum of money. As witness my subscriptions this 24th day of Apr 1876. Thomas Dinwoody Witnessed by John C. Cleveland And I hereby declare that the said moneys when received shall be held by the said James Mylchreest in trust for me. Provided, however, that the receipt of my daughter Margaret Dinwoody shall be a good discharge to the said James Mylchreest for any sum of money paid by him to her on my account. And it shall be at the sole and absolute discretion of the said James Mylchreest what sum he shall from time to time pay to me or to my said daughter on my account out of the money which he may receive as aforesaid. As witness my name this 24th day of Apr 1876 Thomas Dinwoody Received from the said James Mylchreest the sum of one hundred and seven pounds 3/1 being this amount received by him for the estate of Wm Kelly under the foregoing power of attorney. This 19th June 1876. Margaret Dinwoody. The humble petition of Thomas Dinwoody of the Green in the parish of Malew Sheweth: That your petitionrs brother William Dinwoody, junior, late of the parish of Malew departed this life on or about the month of May 1839 having first duly made and published his last will and testament in writing probate thereof was on the 8th day of July 1839 granted to Richard Harrison, Esquire, the executor therein named. That the said Richard Harrison has since departed this life intestate. That the said Richard Harrison as executor of the will of the said William Dinwoody,Junior, was a part to certain proceedings in the honorable court of Chancery to which your petitioner is also a party and it is necessary that the estate of the said William Dinwoody Junior should be represented in the said proceedings. That Margaret Dinwoody of the parish of German is the widow and William Thomas Dinwoody of the same parish the only next of kin of the said William Dinwoody Junior. Wherefore your petitioner humbly pray a hearing hereof and that Letter of Administration of the estate and effects of the said William Dinwoody,Junior, left unadministered by the said Richard Harrison deceased with the said will annexed may be granted to some proper person and your petitioner will pray. H. C. Gill for Petitioner Ordered that this petition do come on to be heard at an Eccl court on Friday the 9th instant. Whereof all parties to have due notice. Given the 1 March 1860. At an Eccl Court held in Castletown the 9th March 1860. Upon hearing this petition in presence of the parties or their advocates and upon perusing an official copy of the last will and testament of William Dinwoody junior deceased with the Probate granted thereon in favor of Richard Harrison Esq the executor therein named and it appearing that the said Richard Harrison sometime ago departed this life intestate without having fully administered the personal estate and effects of the said Wm Dinwoody, Junior, it is therefore become necessary that administration de bonis non of the estate and effects of the said William Dinwoody, Junior, should be granted to some fit and proper person and James Kewley being recommended he is therefore sworn well and truly to administer the unadministered part of this said estate of the said William Dinwoody, Junior, according to law and also to return a true and faithful inventory thereif with an accurate account of his acts and proceedings in the presence to the Episcopal Registry when thereunto lawfully required and to these ends he has given pledges namely Thomas Dinwoody and James Thomson who have entered into and executed the usual bond in presence of the court. Decretum Est T. A. Corlett The late Mr Wm Dinwoody¹s estate James Kewley's account as administrator with the will annexed of the said William Dinwoody. There being no debts nor legacies and the only estate of the said William Dinwoody being some articles of household furniture he having disposed of all his money and real estate in his lifetime) Thomas Dinwoody his son as executor named in the said will reports the whole of the said furniture in his possession no appraisement thereof was made. No claims were entered against the estate and no demand was ever made on the said James Kewley by any person on account of the estate. The said William Dinwoody had a claim of 1007 pounds. 3. 2 with interest against the estate of the late William Killey of Castletown and in respect of or for which the said James Kewley received from the clerk of the rolls for the estate of the said William Kelly on the 26th day of June 1876 the sum of 115.17.4 being 17.3.2 in full of the above claims (he having by authority of Dinwoody and his daughter Margaret and James Mylchreest Merchant his attorney waived all claims for interest Killey's estate being insolvent and 8.14.2 costs due Gell and Gill advocates obtaining consent of the Chancery Court to have that amount paid in preference out of Killey's estate.
Last modified 15 March 2016