Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
At a Court of Corrections holden
in Douglas Feb 9th 1756
There being some disputes & altercations between
Wm Lawson and James Kelly both of Kirk Lonan
touching the last will and testament of Isabel
Kelly als Lawson wife of sd Kelly & sister of
sd Lawson who severally have exhibited wills
made in their respective favours & in order to
discover the last will of the Testatrix the
following evidence was taken – viz -
Jane Kinley & Ann Fargher sworn & examined on
the part of Wm Lawson depose & say viz:
Jane Kinley deposes that ?she this Depont
hearing that Isabel Kelly aforesd being ill,
the Depont went to see her abt a fortnight or
three weeks before Lamas day O:S:
The sd Isabel being alone lying on her sickbed,
told this Depont that she had made her will
in favour of her husband Ja: Kelly & that
Nichs Kelly & Wm Harrison were witnesses
thereto & that this will was made to please
her husband because she she had no chance to
be alive if her husband knew she shd make
any other will and at the same time declared
to this Depont that sd will was contrary to
her desire & inclinations – and taking hold
of the Depont by the hand said, if I knew you
wd conceal it, I wd tell you what is my desire
& if upon the Depont promising secrecy the
said decd told her the Depont my will &
desire is to make my will in favour of my
brother Wm reciting particulars to the effect
recited in the alleged will exhibited in
Court this day by Wm Lawson.
The Depont further declared that coming to
see sd Isabel about three weeks after, she
sd Isabel being a good deal better the Depont
met her at the door of her own ?of sd Isabel’s
house & speaking to the Depont said if I
knew how I shd procure & get Danl Fargher’s
wife, I wd tell you wht my will intention &
desire is – and the Depont after going for
Dl Fargher’s wife & returning with her to
sd Isabel whom they met at the back of her
garden – she the sd Isabel with sd Jane
Kinley & Ann Fargher unanimously declared
after hearing them “………” declared her will
to be as set forth in their proper writing
this day produced by them in Court & at
the same time she sd Isabel pressingly charged
them not to divulge the same till after her
death – and the said Deponts declare this
happened on or about the 9th day of August
last past.
The sd Ann Fargher further declares that
being to see the sd Isabel some few days
before her death, asked her whether she had
made any other will than that made before
her & the other Depont some time ago –
Sd Isabel replyed that she was in no
thought to make any other will neither
had she made any other.
Jane Kinley’s mark X
Ann Fargher’s mark X
|
Nichs Kelly & Wm Harisson sworn & examined on
the part & behalf of James Kelly husband of
Isabel Kelly als Lawson decl depose and say
that on or about the month of october last
as they best remember & the cause of their
memory Nichs Kelly is tht he was that day,
he was witness to sd Isab will so fishing at
the rock, being the last day he was so fishing
that season & Wm Harrison declares the
cause of his memory as to the particular
time of the Testatrix’s will making is,
that he remembers to have Moore of B:beg &
Kewly of [Grrat’s]–veg in shearing and
stacking fern on the day he was witness
to sd Isabel’s will – being asked whether
he saw sd Moore & Kewley at that work
that day the Depont sayth he did not see
sd Moore but that the same day might
serve them both – being asked how he
knows if sd Moore & Kewley cut & stacked
their fern on one day, the Depont said
he heard that sd Moore was at that work
& said Kewley.
The sd Nichs Kelly being further examined
deposeth & sayeth that on his coming to
the house of sd Kelly in his way home from
the rock fishing he on going into the sd
house asked whether any person was within
Jas Kelly replyed, there are – upon which
the Depont walked into the house ?& found
sd Jas & Wm Harrison standing together at
the table and asking sd Jas how his wife
was, sd Jas answered she was very ill
thereupon the Depont went down into the
Parlor to see sd Isabel & after asking her
how she was she replyed she was very ill
& was desirous to make her will & asked
this Depont whether he would stand as
witness to her will & that he the Depont
answered he wd if she wd get another person
to be witness along wth him upon which
the sd Isabel said Henry or Harrison is
in the house, call him down, he’ll be
witness and that he the Depont as well
as sd Isab called sd Henry or Harrison
down to her bedside & after his sd Henry’s
coming she asked sd Henry or Harrison
whether he wd be a witness to her will,
who answered he would & thereupon the sd
Isabel proceeded & made her will in the manner
& form set forth by a paper writing this
day produced to the Court by sd Kelly
& Harrison which paper was committed to
writing by James Scarfe on Thursday last,
by the sole direction & instance of the
Depont and that sd James Scarfe read the
sd paper first in english & after at the
request of the Depont & sd Harrison in manks.
The Depont also declares he believes sd
Isabel was ill about a fortnight or three
weeks before she recovered of that illness
and that he did not hear or know of her
being confined to her bed by any sussequent
illness, till she took her last & death sickness.
And Wm Harrison being also further examined
deposeth & saith that he the Depont on coming
to Ja: Kelly’s house, met sd Ja: Kelly in the
house wth whom he had some conversation before
Nichs Kelly came to the house of sd Kelly.
But what the conversation was he does not
remember, and that after sd Kelly came to
the house, he the said Kelly went down to
the Parlor to see the sd Isab and that
this Depont was called down to where sd
woman lay in her sick bed, after which sd
woman said you are both, meaning Nichs Kelly
& the Depont, well enough for witnesses in
that thereupon the said Isab proceeded &
made her will in the manner set forth in
the paper writing this day exhibited in
Court which sd will was committed to
writing on thursday last by Jas Scarfe –
The Depont further saith that sd Isabel made
her will in the manner set forth by sd
writing on the day the dumb woman was telling
fortune in Laxey as he heard. He also saith
he in conjunction with sd Nichs Kelly directed
James Scarfe how & in what manner on words
to write sd will
Nichs Kelly’s mark X
Wm Harrison’s mark X
(Side note written at an angle next to
witnesses signatures on LHS of page.)
Wm Harrison has most strangely prevaricated
in his evidence –
Jas Kelly husband of Isab: aforesd acknowledges
that his sd wife was at the said Dumb Woman at
Laxey to get some medicines hoping thereby to
recover & this abt three days after the sd
will making.
|
At a Consistory Court held
in KK Michael Feb 19th 1756 –
Daniel Looney sworn & examined on the part
of Wm Lawson deposeth & sayeth that he the
Depont about three weeks after Lamas day
old stiles was?at Messrs Corlets & Garrets
miln, wherof Isab: Kelly came to let sd miln
agrinding her husband being then from home
and that sd Isabel after the miln was
grinding asked the Depont why he did not come
to see her for that she had been sick,
and the Depont after telling her that he
did not hear of her illness, she the sd
Isabel told this Depont she had made a will,
and the Depont asking her wht will she had
made she the sd Isabel replyed she had made
a will in favour of her husband Ja: Kelly
& thereby had left him the land as well as
her goods for that he had been crying &
saying he wd been poor if she dyed without
a will & that she to please him had made
her will as above and the sd Isabel afterwards
told this Depont that she had sent for
other witnesses & had made another will
whereby she had left her part of the croft
to her brother Wm Lawson during his? natural
life and afterwards to descend to John son
of sd Lawson & sd Isabel also declared she
wd never make any other will & charged
this Depont not to mention anything of
this second will, lest her husband shd hear
of it
Daniel Looney
Margaret Kelly also sworn & examined in the
part of sd Lawson deposeth & sayeth that she
the Depont was going towards the Grenane
sometime in summer or harvest last but which
she does not recollect & calling at the house
of Ja: Kelly in her way thither, this Depont
after some conversation wth Isabel Kelly sd
Ja: Kelly’s wife, she the sd Isabel told this
Depont she had made a will first in favour
of her husband Kelly – and that she had made
another will by which she had left all to Wm
who this Depont understood was her brother
Wm Lawson.
Margt Kelly’s mark X
We whose names are hereunto subscribed being
witnesses to Isabel Kelly’s als Lawson’s will,
do declare if need require that they were called
upon to be witnesses to her will that she
declared that she was inveigled by her husband
who called in Nichs Kelly & Wm Harrison who
forced her to make her will which she did for
she was in danger of her life upon which she
begd these persons to be witnesses to wills
“----“ now which she declared was & would be
her last will & the Sunday before she died
wch was the 20th of Jan 1756 she firther
declared to Anne Fargher that the will she made
before her and Jane Kinley should stand &
none other in the world.
Jane Kinley’s X
Ann Fargher’s X
At a Consistory Court at KK Michl
Feb 19th 1756
After having fully examined into the matter of
the will of Isab Kelly we say that from the
proof taken that the will made in favour of
Lawson is the last will of Isabel Kelly wife
of Ja Kelly & therefore Wm Lawson is sworn
in form of Law and hath given pledges namely
Ja Looney of Lonan & Wm Lace …… of Lezayre
Solvit 12D Probatum est
Ro Ratcliff
Lib:I:Nov 1756 Lonan
June 11th 1756 – Elinor Coileash als Gill enters a
claim against the Exectr of Isabel Kelly als Lawson
for the sum of six shillings and craves the Law.
- Examd by Matth. Curghey ar:Regtrar
at a Consistory Court at Lezaire Jun 16th 1756
The claimer having provd the sum of six shills –
ordered the Deads part thereof be discharged sub para juris
with all fees
To the Sumner of Lonan
who if disobeyed is to apply Ro: Radcliffe
for a soldr Matthw Curghey
