Robert Quayle Corkill 1860

 
[Note: Due to several sections being illegible, there may be minor adjustments made to pagination]

LDS 0106461     1860

The Will of
Robert Quayle Corkill
deceased
 
Claims entered against the Estate of Robert Quayle Corkill of
Braddan decd.
 
25th May 1860                                       £500.0.0
20th March 1861 Thomas Kelly                        £ 25.0.0
26 May 1870 Matthias Creer                            35.0.0 with int.
27th June 1887 Matthias Creer                      £1300.0.0
 
…… …… then present that Catherine Kaneen
of Baldwin daughter of William Kaneen sawyer
doth hereby own and acknowledge namely …… ……
…… John ………. Kelly executor of the …… named
Robert Quayle Corkill the sum of one pound ……
of a …… Legacy …… …… in …… …… ……
…… of the said Robert Quayle Corkill and
the said Catherine Kaneen …… …… …… ……
that the same may be and …… cancelled …… ……
 
                                               this 2nd January 1864
                                               Catherine Kaneen
                                               her X mark
 
the said John ……… Kelly the              )
within named Execr. appeared along with  )
Catherine Kaneen and identified him      )
by the …… named …… within                )
…… ……
            ………. ……… Harris ……
 
Know all men by these presence that John Corkill
of the town of Douglas brother of the late Robert Quayle
Corkill doth hereby acknowledge himself to have account
from John Thomas Kelly executor of the said Robert Quayle
Corkill the sum of …… pounds being the amount of 
a …… Legacy …… to him by the said Robert 
Quayle Corkill dated 12th July 1859 and the said John
Corkill doth therefore desire that the said Legacy may
be cancelled upon Record
                                  this 30 day of August 1862
 
The said John Thomas             )
Kelly the within named           )           John Corkill
Executor appeared along          )
with the said John Corkill       )
and identified him as            )
…… …… and the said John          )
Corkill acknowledged his         )
…… to the said …… to             )
…… …… …… …… decd.                )
…… …… 30 August 1862
 
                        Saml.(?) Harris
                        Eppiscopal Registrar
 
In the Name of God Amen
I Robert Quayle Corkill of …… in the 
parish of Braddan am at present weak in
body but of sound disposing mind and 
memory at the making hereof do make and
publish this my last Will and Testament
in manner following (that is to say)
 
I commit my soul to God and my 
body to a Christian burial at the discretion
of my Executor hereinafter named.
 
I leave and bequeath to John Thomas Kelly
of …… in the said Parish all and sin
gular my money and effects subject to the pay
ment of Legacies and so forth as shall be herein
after mentioned.
 
I leave and bequeath unto my brother John
Corkill the sum of Two pounds – also to my
Niece Elizabeth Joughin the sum of Two pounds.
Also to Margaret Lewthwaite wife of John 
Lewthwaite paper maker the sum of Two pounds.
Also to Jane Kelly wife of John Thos Kelly the
sum of Two pounds.  To my daughter
Jane one pound.  I leave to Robert Quayle
Kelly my Clock and my Desk – likewise to 
Margaret Creer wife of Matthias Creer of Balla
moda the sum of Two pounds.  To Margaret
Creer eldest daughter of Matthias Creer Ballamoda
the sum of One pound.  To the second daughter
Elizabeth of the said Matthias Creer I leave one
pound.  I leave to Catherine Kaneen daughter
of William Kaneen sawyer Baldwin the sum 
of one pound also to her sister Elizabeth Kaneen
the sum of one pound.
 
I nominate constitute and appoint John 
Thomas Kelly Executor of this my last will
who is to pay me Debts, Legacies, Funeral
expenses and so forth and when paid the
balance of my money (if any) to be divided 
between the children of my said Executor
and the children of the aforesaid Matthias Creer
of Ballamoda in the said parish of Braddan
and I do hereby revoke make null and void
all other Wills by me at any time heretofore
made and do publish this to be my last 
Will and Testament.  As Witness my
subscription this the twelfth day of February
One thousand Eight hundred and Fifty Nine 1859.
 
Signed published            )
and declared in             )
presence of us              )           Robert Quayle Corlett
as Witnesses                )
 
Thomas Gick
James Cowin
 
                        At Kirk Michael 23rd June 1859
 
Between John Thomas Kelly Execr. and John Edward Corkill Deft.
in the Consistorial Court 
Exhibited to Thomas Gick and James Cowin at the time of 
their examination in chief on the part of the Plaintiff in the 
above styled cause and referred to in their said examination
taken on said day before me. 
                                                 R. Brown D.E.K.
 
At a Consistorial Court ……)               [following is illegible]
……………………………..)             
……………………………..)
……………………………..)
cont’d………………………)             
 
………. John Thomas Kelly the executor therein named
is therefore sworn well and truly to fulfill and execute
the same to pay all just debts Legacies and funeral
expenses of the sd. Testator so far forth as his goods will
extend and the Law bind him to return a true and faithful
Inventory thereof with an accurate account of his acts
and proceedings in the …… to the Episcopal 
Registry where thereunto lawfully required and to these
ends he has given pledges namely Matthias Creer
and Thomas ………. who have entered into the
usual Bond in presence of the Court.
                        Probatum Est. 
                        T.A. Corlett
Recd.(?) 9 July 1860
 
……………………………………)               [following is illegible]
……………………………………)
……………………………………)
 
been proved and therefore that probate thereof should be 
granted as prayed for and the same is therefore so ordered
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 Robert Quayle Corkill
deceased to John Thomas Kelly 
 
AND WHEREAS Thomas Cannell of ……
in the Parish of Braddan and Matthias Creer
of Ballamoda in the Parish of Braddan have agreed
to become pledges for the said John Thomas Kelly for the 
due administration of the said Estate according to law.
 
Therefore know all men by these Presents, that we, the said 
Thomas Cannell and Matthias Creer hereby bind and oblige
ourselves and our Executors and Administrators, as pledges for 
the said John Thomas Kelly for the due and faithful administration 
of the goods and effects of the said deceased according to law.  
And in …… 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 subscription this 26th day of January 1860
At an Eccl. Court held at Kirk Michael  )        Matthias Creer
the 26th day of Jany. 1860              )        Thomas Cannell 
Taken before me
            T.A. Corlett

Between John Thomas Kelly
and
John Edward Corkill
                          In the Consistory Court
 
To the Worshipful Thomas Arthur Corlett
Vicar General and Surrogate 
 
The humble petition of 
the said John Kelly
 
Sheweth
            That the defendant a considerable time
            ago obtained a rule to examine witnesses in the
            said cause but has neglected to do so and petr. is
            desirous of having the said cause heard at the first
            Consistory Court after this date.
 
            Wherefore Petr. humbly prays a hearing 
            and that your Worship may be pleased to
            order the said cause to come on to be heard
            at the next Consistory Court after this date and
            that Petr. be decreed entitled to have the 
            relief sought by the said suit and that the
            Deft. be ordered to pay the cost hereof &
            of the said cause …… prays.    
                                                       ………. ……….
                                                       for Petr.
                                                       rec’d.(?) 9 Feby 1860
 
By virtue of the Authority of his Worship T.A. Corlett, Esq.
Vicar General of this Isle, I have duly
left charge for John Edwd. Corkill of
Douglas
to appear before his Worship at a Consistory Court
to be holden at Kirk Michael on Thursday next
when called to answer the petition of
John Thomas Kelly.
 
This 19th of December 1859
                                                Jno ……….
                                                Sumner of Braddan
 
Ordered that this petition to come on to be heard 
before me at a Consistory Court to be held at 
K Michael on Thursday next whereof the Deft.
to have due notice.
 
Given this 23rd day of December 1859 
January 1860                T.A. Corlett

At a Consistorial Court held in Kirk Michael
the 26th January 1860
 
Upon hearing this petition in presence of the parties or
their advocates and it appearing that the Deft.
has withdrawn all opposition to the Probate of the
of the Will of Robert Quayle Corkill deceased and
upon consideration of the evidence taken in this cause I am
of opinion that the due execution of the dec’d. will ………
                                    …… …… Feby 1860
 
An account …… of the goods and effects 
of the late Robert Quayle Corkill of 
Braddan deceased held by public auction
by the Executor of the said Estate the 13th
March 1861 as follows….
 
[11 pages of Inventory not transcribed]
 
…….Returned to the Episcopal Registry by John 
Thomas Kelly Executor of Robert Quayle
Corkill dec’d. this 5th day of April 1861.
                                      W.W. Teare, D.E.R.(?)
 
Between John Thomas Kelly Plaintiff
                        and
John Edward Corkill Defendant
                        in the Consistorial Court
 
Depositions of Witnesses on the part of the Plaintiff
in the above styled cause taken in the Court House
Kirk Michael this 23rd day of June 1859, by Rule
of the Chapter Court dated at Douglas the 20th day
of May 1859.
 
Thomas Gick of the Town of Douglas formerly
of Ballavartin(?) in the Parish of Santan
German being sworn and examined deposeth
and saith I know the parties 
Pltf.(?) but do not know the Deft. in this cause
and I also knew Robert Quayle Corkill late
of …… in the Parish of Braddan,
deceased.  I first saw dec’d. at the House
of Jas. Cowin Publican on the North Quay
in said Town of Douglas about the twelfth
day of February last on which occasion 
he wanted me to write his Will  there 
was no person with dec’d. on said occasion
and I took instructions from dec’d.
in writing for preparing his Will and
there was no one present – I then took the 
instructions along with me and went into
my own house and wrote the Will.
The Dec’d. directed me to have said Will ready
and he would call sometime in the
afternoon of the same day.  I did prepare
said Will as directed.  I have looked upon
the paper writing now produced to me 
marked with the letter A and so certified
and say the same is the paper writing
I prepared as aforesaid.  That on the evening
of the same day Dec’d. called at my House
to see if I had the Will written.  I then
read it over to him and Dec’d. said it was 
all right.  I understood from Dec’d. that 
he wished James Cowin to be the other
Witness to said Will and I accordingly
went out and got said Cowin to come
to my house and then in presence of 
Dec’d. said Cowin I asked Dec’d. if I 
should read the paper A over to him 
again and Dec’d. said there was no
occasion as he had already heard it read.
This took place in presence of said
Cowin.  Therefore the said Dec’d. signed
his name “Robert Quayle Corkill” to said
paper A in my presence and in 
presence of said James Cowin the
other subscribed Witness thereto and
thereupon I and the said James
Cowin subscribed our names thereto
as attesting Witnesses in presence of the
Dec’d. and of each other.  After the execution
as afsd. Dec’d. desired me to cover it 
with paper and seal it up which I did
and Dec’d. then took it with him and from
that day until now produced to me 
I have not seen …… paper A.  At the
time of receiving instructions from Dect. as
aforesd. I had not much conversation with
him but receiving the instructions and on
said occasion I consider Dect. was quite
sound in his mind and capable of giving
such instructions.  I saw no defect in
him.  When the paper A was executed
Dec’d. was quite sober and sound and
all right in his mind.  I saw nothing
amiss with him.  I am of opinion Dec’d.
was at the time he executed said paper
A of sound mind memory and understanding.
I did not see the Petr. or any body
about the Will but the Dec’d. himself
previous to its being written and executed
as aforesd. and no body said a word
to me about but the Dec’d. himself.
                                     Thomas Gick

James Cowin of the Town of Douglas Innkeeper
being sworn and examined deposeth and
saith I know the parties in this cause
and also know Robert Quayle Corkill
late of …… in the parish of Braddan
dec’d. and have so known him for about
three years previous to his death.
I have looked upon the paper A already
exhibited in this cause that the name
James Cowin subscribed thereto as 
attesting Witness is my proper name.
I have writing that Dec’d. signed
and executed the same in my
presence & in presence of Thos. Gick
the other witness thereto on the day it 
purports to bear date by signing his
name “Robert Quayle Corkill” at the foot
or end thereof – as the same now appears
thereon and thereupon in presence of
Dec’d. & of each other I and the said
Thos. Gick subscribed our names thereto
as attesting Witnesses.  The same paper
A was not read to Dec’d. in my presence 
as Dec’d. said the other Witness had previously
read it to him and there was no occasion
to read it again to him.  On the occasion
of the execution of said Paper A Dec’d.
was of sound mind memory and understanding 
he was as sound as during all the time I
had known him and I had never known
Dec’d. to be otherwise than of sound mind.
                                    James Cowin
 
Taken & Sworn
            By me              R. Brown D.E.K.(?)
 

Last Modified 1 July 2015