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Ewan Killey, 1747

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Submitted by: Joyce M Oates
Date: 15 September 2002
Original: LDS: 0106219

Note: The pagination may not be correct and translated or doubtful wording may not be indicated.

4(2)   Braddan
This is affirmed to be the last will and testament of Ewan Killey 
of Coloonys in the parish of KK Braddan who departed this life 
about the 7th of April 1747, being of sound mind and memory at 
the making thereof made it as in manner following: 
First, he commended his soul to God and his body to Christian burial. 
Item, he left to his eldest child Isabel Killey heiress of his 
estate, his part of the crop and team. 
Item, he left to his loving wife Mary Killey als Kermod his part 
of the big mare. Lastly, he nominated and appointed his youngest 
child Catherine sole and whole executrix of all the rest of his 
goods moveable and immovable of what kind or nature soever. 
Witnesses: 
Robert Cowin, 
Elizabeth Watterson.

At KK Braddan June 15, 1747, 
Catharine the Executrix nominated in this will, being underage, 
she together with her sister namely Isabel the heiress who is 
also in her minorit, is committed in the meantime to the tuition 
of their mother Mary Killey als Kermod, who is sworn to bring 
to the Registry a perfect inventory of the effects and as also 
overseer of the orphans and For payment of debts and legacies 
according to Law; pledges in form of Law are Capt Edward Fletcher 
and Mr. Thomas xxx. 
Christopher Fitzimons & John Killey are also sworn overseers.


(An earlier inventory was made by the below 4 men, 
on 22nd day of April 1747, for a total of 46:3:1/2) 
We whose names ensue being a jury of four sworn men, and charged 
by the Sumner of KK Braddan to value the crop of corn and hay of 
the Estate of Coloonys, and have appraised it as in manner following: 
Item, five score and ten stoocks of oats at 8 pence per stook, 3:13:xx; 
Item, 63 stooks and a half of barley at 10 pence 1/2 per stook 2:11:18; 
Item 2 stooks and a half of wheat at 3 shillings 2 pence per stook 0:11:2; 
Item, 9 stooks of pease at 9 pence per stook 0:11:6; 
Item 45 Carrs of hay at 8 pence per carr 1:11:10; 
Total 8 pounds 11 shillings 8 pence. 
This is certified by us as witnesses our marks to our names this 
19th day of October 1747. 
[signed] Nicholas Quirk, 
[signed their marks] William Leece, 
William Cubbin, 
William Crain.

Deducted out of the above crops to the widdow first 
the sixth part of the hay, a bowl of malt corn, half 
a furlot of dried barley, and 3 kishens of malt.

We whose names ensue being a jury of four men sworn 
by the Sumner of KK Braddan and charged in the suit 
of the Supervisors of the Children of Ewan Killey 
pursuant to the Revd. Mr. Vicar Generals Cosnahan’s 
authority to view the Estate of Coloonys in the said 
parish, and to estimate the same xxx therefore 
deliberately viewed the same, do estimate it to be 
yearly worth the sum of three pounds and eight 
shillings and eight pence free, vizt, besides 
keeping the houses and fences in tenantable repair 
and Lord’s rent with all dues, duties and services, 
and this we return for our verdict this 5th day of 
November 1747. 
[signed their marks] John Crain, 
William Gellin, 
William Gellin, 
Robert Leece.

At KK Braddan November 5th, 1747. 
The above four sworn men vizt., John Crain, William Gellin, 
William Gellin, and Robert Leece have delivered this xxx 
verdict to me, which is hereby ordered to be recorded in 
the ArchDeacon’s Registry for the satisfaction of the 
supervisors and parties concerned. 
[signed] John Cosnahan.

At a Consistory Court in KK Michael, July 14th, 1748: 
Having this day heard the complaint of John Killey guardian 
of the orphans of his brother Ewan Killey exhibited against 
Mary Killey als Kermod relict of the deceased; and upon 
examination made into some particulars of the inventory 
upon the registry; there appears to be certain omissions 
either through mistake or willful concealment. Said Mary 
is thereupon now admonished thereof as also of the penalty 
of concealing goods out of the inventory, in prejudice 
to the rights of the orphans; and she is hereby ordered 
with all diligence truly to perfect said inventory before 
out next Consistory Court. Otherwise further orders will 
then be given to do the orphans justice according to Law. 
[signed] Edward Moore.

To the Sumner of KK Braddan, 
these to execute, and to return certificate at our next 
Consistory Court. 

Examination per Edward Moore Ep. Register. 
Revd. Sirs, by virtue of the within order I have lawfully 
charged Mary Killey als Kermod truly to perfect the within 
inventory before the next Consistory Court, and also by 
virtue of a token granted by Mr. Radcliffe, Official, to 
John Killey, I have charged Mary before mentioned to answer 
the suit of said Killey on Thursday next at said Consistory. 
As certified by me this 9th of August 1748. 
[signed his mark] James Kelley, Sumner of KK Braddan.

KK Michael August 11th, 1748, 
Mary Killey having not appeared according to charge, 
a soldier is therefore to be applied for to bring her 
to the Registry in order to rectify some mistakes 
in the inventory. 
[signed] Edward Moore, Robert Radcliffe. Xxx
August 12, 1748: A soldier allowed. [signed] xxxxson.

KK Michael, March 1st 1749/50, 
Ewan Key uncle to the orphans of Ewan Killey is also sworn 
overseers of said orphans. A true and perfect inventory of 
the goods of Ewan Killey of Coloonys apprized by four sworn 
men as follows: 

[inventory follows]. 

This is certified by us as witness our names and marks 
22 day of April 1747. 
[signed their marks] William Cubbon, 
William Crain, 
William Leece, 
[signed] Nicholas Quirk. 
The total of this inventory comes to 46:1:1/2. 
The servants bed left out by mistake: 2 shillings; 
total: 46:3:1/2.

To the Reverend Robert Radcliffe and 
the Reverend Matthias Curghey 
Vicars General of this Isle, 
the humble Petition of John Moore of Poolroish 
in the parish of KK Braddan on behalf of himself 
and Mary his wife: 
Sheweth, 
that your Petitioner hath been lately served with 
an order of your bearing date the 4th of February 
last past, and whereby it is among other things 
ordered that your Petitioner shall forthwith place 
out of interest the personal fortune of Catherine 
Killey an orphan daughter of Ewan Killey late of 
Coloonys deceased by our Petitioners said wife who 
was his widow and relict some years before her 
intermarriage with your Petitioner; That your 
Reverences having by said order appointed the 
Chapter Court to be held at Douglas in October 
next for the taking of your Petitioners charge 
for the maintenance, education and clothing of 
the said orphan into your consideration, your 
Petitioner is advised he cannot safely comply 
with the forms of the said order nor place out 
any money to interest on account of the said 
minor until your Petitioner be allowed to bring 
in his proper account and charges for the said 
orphan and her deceased sister’s maintenance, 
education and clothing as also an account of 
the rents and profits of the said Estate of 
Coloonys for several years past as our Petitioner 
cannot with any certainty know the clear amount 
of the said orphan’s personal estate, until all 
accounts and charges be fully adjusted and settled 
in Court between your Petitioner and the said 
orphan’s supervisors. To obviate which difficulties, 
your Petitioner humbly prays that your Reverences 
will be pleased to appoint the next Chapter 
Courts for your Petitioner your supervisors 
to settle and adjust their said account together 
and in the meantime be pleased to suspend and 
supercede the said order, which granted your 
Petitioner shall for your Reverences ever pray etc.

KK Patrick, May 9th, 1754, 
the Petitioner has this day promised that the 
clear amount of the personal fortune of the 
orphan heiress of Coloonys shall bear interest 
pursuant to our order of 4th February 1754, 
and the Petitioner and Supervisors are required 
to appear at our next Consistory Court to be 
held at Douglas to settle and adjust their 
accounts that the orphan may have a suitable 
maintenance allowed her and her goods secured 
according to law. 
[signed] Robert Radcliffe. 

To be deducted from the Inventory of Ewan Killey 
of Coloonys, vizt, 
Item, the amount of his funeral charges, 4:16:7; 
ditto of the funeral charges of Isabel 
the daughter of Ewan Killey 3:15:7; 
Item, the diet, lodging, education and 
clothing of Isabel aforesaid for the 
years 1747, 1748, 1749, 1750, 4 years 
at 4:10:0 per annum, is 18:0:0; 
Item, the diet, lodging, education and 
clothing of Catherine the daughter of 
Ewan Killey deceased for the years 1751, 
1752, 1753, vizt., 3 years at 5 pounds 
per annum, is 15:0:0; 
Item, her alienation fine 0:10:0; 
Item, her entry for Coloonys 0:0:6; 
Item, fees of administration of Isabel Killy 0:0:18; 
Total 42 pounds 3 shillings 6 pence. xxx

October 17th, 1754, 
Mr. John Moore made a tender of 58:16:5, to Christopher 
Fitzimons and John Killey the Supervisors of the orphan, 
pledging that the above sum did not extend to the full 
amount of clear inventory.
Deductions out of the dead’s part of the goods: 
by Lord’s rent 0:9:7; 
By the Dead’s part of the maid servant wages 0:8:0; 
By ditto to Robert Cowin servant man 0:13:6; 
By ditto to John Cowin servant man 0:5:7; 
By ditto to another servant main 0:4:0 
By ditto to half tithe money 0:3:9; 
By weeding and reaping the corn, 
80 labourers at 6 pence each 1:0:0; 
By mowing and working the hay 0:10:6; 
By plowing, harrowing and sewing the barley 0:2:0; 
subtotal 3:16:11; 
By cash paid Christopher Fitzsimons for 
the use of William Clucas’s grandchild 
being 20 pence, the dead’s part thereof 0:10:0; 
By ditto paid 16 laborers more 0:4:0; 
subtotal 4:10:11; 
deducted out of the two servant men’s wages 0:9:6; 
subtotal 4:1:5; 
Item, the appraisers wages for two dayx, 
vizt., at KK Michael & KK Patrick 0:4:8; 
Item, writing the inventory 0:1:2; 
Item, the alienation fine etc., to be here added.

To be added to the Inventory of Ewan Killey of 
Coollonys KK Braddan as follows: 
Item, the dead’s part of apples 0:3:6; 
Item, ditto of potatoes 0:1:3; 
Item, ditto of ten bowls of oats at 
3:10 pence per bowl is 19:2; 
Item, ditto 3 bowls barley at 10 pence per: 0:15:0; 
Item, ditto 2 bowls of oat meal at 5 pence per kishan: 0:6:8; 
Item, ditto a firlet of groats at 6 1/2 per kishan 0:2:2; 
Subtotal 2:7:9; 
Item ditto of 3 firlets barley 0:7:6; 
Item ditto the dead’s part of an iron sledge 0:0:5; 
Item, ditto of the dung 0:2:6; 
Subtotal 2:18:2; 
Item, ditto 100 herrings 0:2:0; 
Total 3 pounds 0 shillings 2 pence. 
Item, the heirs coobs 1:0:0.

Memo, 
That the widow bestows her half of the gun[?] to the heiress who 
is also to get the father’s half thereof when she arrives at age. 
[signed] Nicholas Quirk, 
[signed their marks] William Leece, 
William Cubbin, 
William Crain.
N.B. By, an alienation fine paid for the heir and for entering her 0:11:3.

An Account of the amount of the Inventory of Ewan Killey of 
Coloonys as settled by Mr. John Moore on the one part and John 
Killey & Christopher Fitzimons Supervisors of the orphan on the
other part, vizt., 
Item, them amount of the Inventory given in the 22nd April 1747:   51:16:3 1/2;
Item, an addition to the inventory given in the 19th October 1747:  8:8:6; 
Item, a further addition to the Inventory given in August 1748:     4:0:2; 
Item, a further addition to the inventory given in the 28th May 1754: 1:16:4; 
Item, the profits of the Estate of Coloonys for the year 1748, 
her moiety being: 3:8:8; 
Item, ditto for the year 1749 and lease: 3:10:0; 
Item, the whole profits of Coloonys for the year 1750: 7:0:0; 
Item, ditto for the year 1751: 7:0:0; 
Item, ditto for the year 1752: 7:0:0; 
Item, ditto for the year 1753 ending 
the 7th April 1754: 7:0:0; 
Total 100 pounds 19 shillings 11 1/2 pence. 
Deductions 42:3:6. 
Balance due to the orphan: 58 pounds 16 shillings 5 pence.

28 May 1754, this Account and the following deductions to 
be annexed to the Inventory of Ewan Killey Coloonys at the 
request and desire of Christopher Fitzimons John Killey the 
Supervisors of the orphan as also the stepfather Mr. John Moore. 
[signed] James Wilks, Ep. Registry.

At a Consistory Court at Douglas, May 28, 1754, 
The inventory of Ewan Killey of Coloonys being this day settled 
by the supervisors Christopher Fitzsimons & John Killey and Mr. 
John Moore of Pulroish stepfather of the orphan; it appears of 
the clear amounts thereof, (the profits of the Estate included) 
is 58 pounds 16 shillings 5 1/2 pence, as more fully appears by 
the said accounts. And whereas Mr. John Moore proposes to pay 
in the foresaid sum unto the supervisors aforesaid. He in regard 
of the orphan may be no way prejudiced in her fortune, do. That 
the orphan therefore may sustain no loss in her fortune; 
We hereby order that the foresaid sum shall bear interest from 
the date of our order to this purpose of the 4 February last, 
while the same continues in the hands of said John Moore. 
And as to his demand for the orphans maintenance, education and 
clothing, we allow him the sum of 7 pounds annually to be paid 
him out of the yearly profits of her Estates of Coloonys, which 
we at present deem to be reasonable satisfaction for that purpose. 
[signed] Robert Radcliffe, Matthias Curghey.

28 May 1754, The within addition to be annexed to the inventory 
of Ewan Killey of Colonys at the request and desire of Christopher 
Fitzimons & John Killey the supervisors, as also of Mr. John Moore. 
[signed] Ja: Wilks. 

This certifies that by virtue of his Revd. General Radcliffe token, 
I have lawfully charged Christopher Fitzsimon’s and John Killey of 
Douglas, guardians of Katharine Killey, minor, to appear before the 
Revd. Matthias Curghey Vicar General and Archdeacon Registrar, on 
Wednesday the 25th Instant, by ten of the clock in the morning, to 
receive the xxoportions of goods due to the said minor by the death 
of her father Ewan Killey of Coloonys in KK Braddan, deceased, and 
to give in pledges for the forthcoming of the said goods to the 
said minor, when she arrives at age; and all this in the suit of Mr. 
John Moore of KK Braddan, now her stepfather of the minor. 
As witness my name and mark this 24th of September 1754. 
[signed his mark] James Kelly, Sumner of KK Braddan and Douglas.

At Lezayre September 25th, 1754, 
the within Christopher Fitzimons and John Killey having not 
appeared according to charge, a soldier is therefore to be 
applied for. [signed] Matthias Curghey.
Sept 28th, 1754, a soldier is allowed. [signed] Basil Cochrane.

At Douglas November 12th, 1758, 
Christopher Fitzimons & John Killey acknowledged the within 
receipt and discharge to be their act and deed and have given 
pledges for the forthcoming of the sums therein mentioned 
(which is to be laid out at interest) as also for the 
growing profits of the Estate of Coloonys which is now set 
for six years commencing at Michaelmass 1753, at 13 pounds 
5 shillings 1 pence annually, namely John Vinch & Ewan Key 
both of Douglas. 
This before me [signed] Matthias Curghey.

Annexed to the Will of Ewan Killey of Cooiloneyes in the 
parish of KK Braddan, copy of an order on the complaint 
of Christopher Fitzimons and John Killey dated 4th Feb. 1754.

Copy of their Receipts. To John Moore, 12th Nov, 1754, 
on the acknowledgment thereto. John Moore and Thomas Moore 
appointed guardians July 10th, 1760. 
Among KK Braddan Baptisms 1746: 
Cath: daur. Of Evan Killey and Mary Kermod (Coloonys) June 22nd.
The above a true copy of the Register as certified by me 
this 4th day of July 1760. [signed] Joseph Cosnahan.

July xx, 1760, 
the above Catharin Killey being arrived to lawful years has 
made choice of her stepfather Mr. John Moore and friend Capt. 
Thomas Moore to be her guardians and overseers. Whereupon 
said John Moore and Capt. Thomas Moore are sworn in form of Law.
To be annexed to the will of Ewan Killey of Braddan, xxx 1747.

At Castletown 22nd, September 1760, 
John Killey & Christopher Fitzsimons above mentioned appeared 
this day before me pursuant to the annexed certificate and 
the said John Killey hath now given in John Quayle of Castletown 
heir of Ballatrollag in the parish of KK Malew pledges on 
surety in his behalf in the stead of Ewan Key one of the 
former pledges for the goods of the within mentioned Catharine 
Killey. And the said Ewan Key is satisfied to continue pledges 
as formerly for the said Christopher Fitzsimons. 
This before me, [signed] John Gill, Archdeacon Registry.

By virtue of the Revd Mr. Rallivar[?] Token, I have 
lawfully charged John Killey and Christopher Fitzsimons 
both of Douglas to appear at the Revd Mr. Gellin to 
give in pledges to the Registry for what good he have 
in these hand belong to Catharine Killey of Collonis 
at the Shul[?] of Ewan Key this I aver this 19 
September 1760. 
[signed his mark] James Kelly Sumner of KK Braddan.

At Castletown 22nd September 1760, 
the within John Killey appeared this day pursuant to the 
above certificate and hath given in John Quayle of Castletown 
heir of Ballatrollag in the parish of KK Malew, pledges of 
surety in his behalf instead of the above Ewan Key of Douglas. 

Know all men by these presents, that I Catharine Killey 
daughter of Ewan Killey of Coloonys, deceased, discharge my 
uncles Christopher Fitzsimons & John Killey my late guardians 
from xxx xxx xxx[?Mr. John Moore] of any sum of money of 
mine which was in their hands during my minority. 
As witness my hand this 9th of February 1762. 
[signed] Catharine Killey. 
Witnesses: 
Edward Callow, 
Paul Bridson.

At a Consistory Court holden at 
Balnyhowin December 8, 1762, 
Edward Callow one of the witnesses to the above discharge 
has made oath that he was by and present in Douglas when 
Catharine Killey subscribed the above discharge; and 
Captain Paul Bridson the other witness has also deposed, 
that being sent for to the house of Christopher Fitzsimons 
he was desired to subscribe the above discharge as a witness; 
that the name Cath: Killey was subscribed thereto before 
he came into said house, and on having the said discharge 
offered him to be subscribed as witness, he took the same 
into his hand his hand and read it audibly in the presence 
of said Catharine Killey who declared she was satisfied and 
contented with the said discharge or words to the purpose, 
and that he thereupon subscribed the same xxxxxxxxx 
Ewan Killey deceased they saw no value paid or consideration 
given on account of said discharge and the said Edward 
Callow has deposed that the said discharge was ready xxx 
or proposed when he was first spoke to or desire witness 
the same, but does not know by whom. This before us, 
[signed] Robert Radcliffe, Matthias Curghey.

At this Court, 
Capt. Thomas Moore & John Moore present guardians of Catharine 
Killey having demanded the interest within mentioned it is the 
opinion and judgment of this Court that as it is admitted the 
said Catharine Killey was at lawful age of fourteen years when 
the within discharge was executed that the same is effectual 
and valid in Law, and the said guardians having demanded interest 
for the said Catharine Killey’s fortune for one year after she 
became of age, the parties have agreed that the defendant 
Christopher Fitzsimons shall pay the sum of two pounds two 
shillings British, in full of said interest, as also to release 
her of the said Catharine Killey of any demand he may have on 
account of his trouble and loss of time in the management of 
her affairs, whereupon the complainants have by consent of 
said Catharine Killey agreed hereto. It is therefor hereby 
ordered that said Christopher Fitzsimons do forthwith discharge 
the foresaid sum of two pounds two shillings British in full of 
interest as aforesaid subpoena juris with all fees. 
[signed] Robert Radcliffe, Matthias Curghey.

We Catharine Killey the heiress of Coloonys in the parish 
of KK Braddan, and Capt. Thomas Moore & Mr. John Moore of 
Poolroish my present guardians, do hereby acknowledge to 
have received some time ago at and from the hands of Christopher 
Fitzsimmons of Douglas former guardian or supervisor of the 
said Catharine Killey the sum of eighty pounds, and we 
the said Catharine Killey, Capt. Thomas Moore, & John Moore 
do also hereby acknowledged to have received this day at and 
from the hands of the said Christopher Fitzsimons the further 
sum of twenty seven pounds four shillings and six pence 
half penny, in full of all claims, debts, dues and demands to 
be made by me the said Catharine Killey or my said present 
guardians or by any others person or persons in my behalf 
on him the said Christopher Fitzsimons, his executors, 
administrators or assigns, and we the said Catharine Killey, 
Capt. Thomas Moore, and John Moore do hereby acquit, release, 
and discharge him the said Christopher Fitzsimmons, his 
executors, administrators and assigns forever of the above 
mentioned sums and of all other claimants, debts, dues and 
demands to be made by me the said Catharine Killey or my 
said guardians or by any other person or persons in my 
behalf. As witness our hands this 8th December 1762. 
[signed] Catherine Killey, 
Thomas Moore, 
John Moore.

At a Consistory Court holden at 
Balahohwin, 8th December 1762, 
Catharine Killey, Capt. Thomas Moore, and Mr. John Moore the 
subscribing parties to the within written acquitance, release 
and discharge acknowledged the same to be their voluntary act 
and deed. Before us [signed] Robert Radcliffe, Matthias Curghey

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