Catharine Caley, 1752

NOTE: the pagination may not be correct and missing or interpolated words may not be clearly indicated.

Lezayre 1752

To the Revd Mr Robt Radcliffe and the Revd Mr Matthias Curghey Vicars
General of this isle.  The humble petition of John Caley of KK Christ
Lezaire sheweth:  That your petitioner's father and mother Ewan and
Catharine Corlett having several years before their decease by a certain
instrument in writing being either a settlement or last will or testament
settled or devised to your petitioner their houses and lands of what nature
soever, your petitioner expected after their decease to have enjoyhed the
benefit thereof, but the said instrument being taken by your petitioners
father out of the custody of the person to whom his said father and mother
had delivered it for its safe keeping and the witnesses or one of them not
exactly remembering the formal words of said instrument that they each of
them remembered perfectly well the substance thereof, your petitioner is
therefore likely to lose his right and the benefit thereof for want of the
said original instrument, whereby your petitioner will become a very
considerable sufferer and as your petitioners said father and mother died
sometime ago and a decree of administation was to be granted on his mothers
part of the houses lands and goods your petitioner then acquainted your
reverences that he had not received any part of his said mothers goods but
by the said instrument in writing which was either destroyed or lost and was
then in question to be made out by the witnesses and there being a decree
granted to your petitioner's sister Jane West als Caley of his said mother's
part of the said houses lands and goods without any provision made thereby
for your petitioner who hath a just and lawfull right thereto and who never
received any part or share thereof your petitioner therefore for relief in
the promises humbly prays that the said decree of administration so granted
to his said sister Jane West als Caley on the 7th Nov last may be reversed
and set aside and that your petitioner may be admitted and sworn co
administrator with his said sister or her lawful attorney John Cowley KK
Christ Lezaire of his said mother's goods and chattels and that you would
grant your authority to charge the said John Cowle to your next consistory
for that purpose and your petitioner as in duty bound shall for your
reverences pray.

1 Aug 1753 - The petitioner has hereby authority to charge John Cowle
attorney for Jane West to appear at Ballavagher on Monday the 6th instance
that this matter may be enquired into and the petitioner relieved according
to law.

At consistory Court at Ballagher Aug 6th 1753.  John Cowle the defendant in
this cause having alledged that he has several witnesses relative to this
affair which he wants to have charged and therefore prayed to have the cause
heard here tomorrow which is granted with authority to charge his witnesses
and said Cowle to be answerable for said Caleys expense this day.
Aug 7th 1753 - The foregoing petition coming  on to be heard this day and
the defendents evidence having not appeared according to charge and
presented granted the same is therefore ordered to be heard at our next
consistory court to be held for the Northside who the defendent is required
to produce his evidence and the petitioner to give----------

At Consistory Court holden at Lezayre before the sworn witnesses Revd
Radcliffe and Maths Curghey Vicars General and the Revd Ja Wilks on the 7th
Nov 1753.  John Cowle having obtained an order of contempt against several
persons on the 7th of Aug last which he alledges is in the custody of said
Attorney General ordered  yet of same be produced to this court for the
honorable Lords prerogative - John Caley of Lezaire petitioner and John
Cowle attorney for Jane West als Caley the defendent. David Quayle sworn and
examined on the part of said John Cowle declares he was sent for above
twenty years ago by Ewan Caley late deceased to his the said decedents house
where he was desired to be witness to some writing whether it was a marriage
contract, a bond or otherwise he cannot remember but well remembers that the
third part of said Ewan's land whether plowed or lay was given to John Caley
the plantiff and a daymoth of the Lheaney-keil for security of seven or
eight pounds. The deponent also declares he does not remember whether said
Ewan Caley or his wife signed said writing or no - nor does he remember
whether said Ewan's wife spoke anything on the occasion or no.  David
Quayle's Mark X.

Nicholas Kewley also sworn and examined on the part of said
Cowle declares that said John Caley after his marriage was kept by his
father and mother from getting or reaping any benefit of their land for a
year or two and that he the deponent was told by said Caley's mother that
had it not been for her and her brother Edward Corlet of Ramsey that said
John would have got no benefit of said land from his father and yet it
pityed her that her said son should live on other peoples land... The
deponent further declares, that he heard the said Jon Caley ---possessed
after time a third part of his father's land, but whether he had it by way
of dowry or otherwise he cannot say.  Nicholas Kewley. Thomas Killip also
sworn on the part of said Cowle declares that he upwards of twelve years ago
bought a tree from said Ewan Caley deceased after John Caley's marriage and
that he paid the said Ewan for the said tree and went to bring the same to
his own home, and upon coming to said Ewan's house he found that said tree
was taken away, and upon inquiry made, he was told, that said John Caley
removed said tree which cost the deponent 1-2 ---into some of his houses;
and upon talking to said John hereon, John told him that he had a bargain
from his father and mother and that he would not deliver the tree - after
which the deponent went to speak to said Ewan, who said, that his said son
John had indeed a bargain, but that he would take care his said son should
enjoy no part of his land after his decease - he also declares that he
understood that said John possessed a third part of his father's lands but
upon what terms or conditions he cannot tell, but that he often heard said
Ewan and John contend or strive after about their proportion of labourers
said Ewan furnishing 2/3 and John 1/3 of the same and that said John also
received a third part of the profits of an osier garden on the
premises.Thomas Killip mark X.

John Killip likewise sworn on the part of said Cowles declares he does not
know whether said John Caley had a bargain from his father Ewan or no, but
heard he had - he also deposes that he saw said Ewan and John plow, sow, and
reap together, and said Ewan's land and that they divided in the harvest and
that said John had every third stock but upon which terms or conditions he
cannot tell and further that said John enjoyed a third part of the grass but
on what terms he cannot tell.  John Killip X Thomas Calister also sworn on
the part of said Cowles declares that Ewan Caley deceased told him that he
had given a bargain of a third part of the land to his son John who also
pledged the same to the deponent and said that he would make the same good,
for that one of the evidence was yet alive and further he declares that said
Ewan told him Close y Coraige and the Lheaney-keil were excepted out of said
bargain.  The deponent further declares that he often heard said John and
his mother Cath Caley disputing about the said land and that she said that
said John had got more of her goods than any of her other children and that
altho his father had given him a bargain of the lands, that she had not and
also declares that said John reaped and enjoyed the benefit of a third part
of said lands after his marriage, but and never heard if said John paid any
consideration for said lands excepting rent and tyth neither does he know
upon which terms and conditions he possessed the same.  Thomas Callister
mark X.  The deponent also declares that he often heard said Ewan and Cath
say that their son John had got more portion from them, than he had got by
his wife, but does not know which portion they meant, any further than the
benefit of the third part of the land and houses to dwell in as he
understood.  Thomas Calister's mark X.

John Caley the plantiff in this cause being sworn and examined for discovery
after the truth in this matter declares he never received six pence or the
value thereof by way of dowry from his mother Cathrine Caley als Corlet.
Being asked by John Cowle the defendent whether he received any bargain from
his father in the life time of his said mother and what that bargain was -
said Caley answereth and sayth there never was any writing between them, but
excepting a bond of eight pounds for which the deponent had the Lheaney-keil
as security.  Being asked upon what terms he possessed a third part of his
father's lands.  The deponent answereth and sayth that he possessed the same
for and on account of labouring the said land with his father, which he
accordingly did. John Caley.

At Consistory Court held at Lezayre  Nov 7th 1753 Having  in reference to
the petition of John Caley son of Cath Caley als Corlet late of Lezayre
deceased taken at the hearing of our decree of administration of the 7th Nov
1752 made upon the goods and chattels of Cath Caley aforesaid which were by
us then decreed solely unto Jane West als Caley the deceased's daughter in
regard it was illedged that the petitioner John Caley had obtained a dowry
by contract - upon several examinations therefore had and taken herein in
presence of the petitioner and John Cowle Attorney for and in behalf of Jane
West aforesaid.  We find that the said John Caley received neither six pence
nor the value of six pence by way of dowry from his said mother and therfore
decree him joint and equal administrator with the said Jane of all the
goods, chattels, and effects of the said Cath Caley.

At Lezayre Feb 4th 1754.  John Caley aforesaid is sworn for payment of debts
as also to be just with his sister in the division of the goods and hath
given pledges according to law namely Mr John Garrett and Phillip Cottier -
Decret est.  Rev Radcliffe and Matths Curghy.

At a Consistory Court at Kirk Michael 18 Mar 1754.  John Cowle attorney for
and in behalf of Jane West als Caley is sworn to perfect the Inventory of
Cath Caley also Corlet in conjunction with John Caley the joint
administrator who is also sworn to the said purpose and said Cowle to render
a just account of the chattels of the deceased so much of the chattels of
said deceased as he has in his custody or possesses. By Order of Court
Ja:Wilks Ex Regr.