|
Philip Christian, 1759 |
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| Submitted by: | Joyce M Oates |
| Date: | 13 November 2007 |
| Original: | LDS: 0106222 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
KK Patrick 65
This is affirmed to be the last will & testament of Philip
Christian kof Creglay in the parish of KK Patrick who
departed this life the 27th of Febry 1759 being in perfect
mind and memory at the making therof.
First , He committed his soul to Almighty God and
his body to Christian burial.
Itm, He left to his daughter Elizabeth Killey als
Christian three pounds.
Itm, He left to his son in law Wm Killey a gray waste
coat and a mutton.
Item, He left to Wm Killey’s two eldest daughters a
sheep between them and a sheep to his youngest daughter.
Itm, He left to Thos Waterson’s daughter Margt ten shillings,
and a sheep to his son Henry Waterson.
Itm, He left to his loveing wife all the lands belonging
to him during her life time and after the death of his
sd wife all the whole lands are to be possessed by his
son Thos Christian his sd wife consenting to the same.
Itm, He declared that he promised the one half of his
goods to Thos Waterson and his wife at their marriage
vizt, half of such goods as is here mentioned, half of
the cattle and horses half of the crop and half of the
husbandry gears.
Itm, He declared that he bought some peuter after the
sd Thos Waterson and his wife had lived a C------[dark area] ----e[in left fold]
with him and that the sd Thos Waterson ------[dark area]
not his wife bought none of the sd peuter and th----[in right fold]
they had no right to the sd peuter.
Itm, He declared that all the goods he promised Thos
Waterson and his wife was already possessed by them
and that they were to have no more right to his goods.
Itm, He declared that he did not promise to the sd Thos
Waterson and his wife any right to his m----[in right fold]
nor his cloaths either linnen or woolen.
Itm, He declared that Thos Waterson and his wife had no
right to his sheep but only the sheep they had bought
between them.
Itm, He left to the witnesses of the will fourteen pence apiece.
Lastly, He nominated and appointed his son Thos Christian
whole and sole Exectr of all the rest of his goods
moveable and unmoveable.
Witnesses present:
John Quirk my mk X,
Ann Caine als Karran her md X, jurati
19th die mensis Junii 1759.
At a Consistory Court holden at Balnyhown Novr 21, 1759:
Ann Caine one of the witnesses being dead, the next of
kin have consented that this Will shall take effect according to the -----[dark & in right fold]
thereof & the Agreemt here to annexed; and whereas Thomas
Christian the Execr named has been lately imposed into his -----[in fold]
service & is at present abroad, his brothers in law Wm Killey
& Thos Waterson are sworn to bring a perfect Inventory -----[dark & in right fold]
as also for payment of debts according to Law, to these
ends & forthcoming of the ----- amount of the Inventory,
they have given pledges namely Mr Thos Fargher of Malew,
& Patrick Quay of Peeltown.
Solvit 1s, Probatum est,
Ro: Radcliffe,
Matths Curghey
A true Inventory of the goods and effects of Thos Christian of
KK Patrick being mariner in his Majesties service, belonging
to the sd Thos Christian by the last will and testament of
his deceased father Philip Christian made for us four sworn men,
vizt John Caine, Daniel Callin, Thos Karran, and John Madderall
this 24th of Novembr 1759 which is as followeth:
Itm, 3 harrow posts ------------------------------------- 0 pounds : 0 : 5
Itm, eleven harrow pins ------------------------------- 0 – 0 – 11
Itm, plow links and a plow quing -------------------- 0 – 0 – 5
Itm, plow gears and a hair rope ---------------------- 0 – 0 – 9
Itm, spades and an old hack and an old plow shear ------- 0 – 0 – 10
Itm, quarter of a ladder and carr and a stone hammer --- 0 – [hidden in fold]
Itm, his part of the cattle ------------------------------ 2 – 10 – [hidden in fold]
Itm, his part of the horses ----------------------------- 1 – 7 – [hidden in fold]
Itm, his part of the riding horse --------------------- 0 – 15 – [hidden in fold]
Itm, quarter of a firm and chair --------------------- 0 – 1 – 9
Itm, quarter of a table and frame -------------------- 0 – 0 – 9
Itm, quarter of a big wheel and cards --------------- 0 – 8 – [hidden in fold]
Itm, quarter of two woolen combs and a hackle and a pair of toe cards ----0 – 0 – [in fold]
Itm, half a feather bed and bolster and bed cloaths and bed stead ----- 0 – 15 – [in fold]
Itm, five pounds and an half of wool --------------- 0 – 2 – [in fold]
Itm, one pound and a quarter of worsted ----------- 0 – 1 – [in fold]
Itm, one pound of worsted thred -------------------- 0 – 1 – [in fold]
[total sum] --- 6 – 0 – [in fold]
To the Revd Robt Radcliffe &
Maths: Curghey Vicars Genll
of this Isle:
The humble petition of Wm Killey
of the parish of KK Patrick in
behalf of himself as Legatee in
the last will & testament of
his father in law Phillip
Christian deceased, as also
in behalf of Thos. Christian
Execr to sd will, who was
lately impressed by one of his
Majesty’s Finders; -----ly[in left fold]
sheweth,
That yr petitnrs said father in law Phillip
Christian died in Spring last, leaving
behind him three children vizt the foresd
Thos., Isable wife of Thos Waterson and
Elizth wife of yr petitr, and that some
little time before his sd death, he the
sd Phillip Christin made his last will
& testament, and after some legacys were
bequeathed to his children, he appinted
his sd son Thos whole Execr & residuary
Legatee of all the rest of his effects
movable & immovable;
Yr petitr further shewth that the
witnesses to sd will namely John Quirck
& Ann Cain some little time after the
same was made & expressed by him the
sd Phillip Christian went to a Clarke
or scribe vizt Wm Quirck of the sd parish
& dictated to him the sd Quirck
article by article, the substance
purposes & meaning of sd will in
as full & authentick a manner as
the same was worded & expressed
by him the Testator, & duly sign’d
the paper writing containing the
last will & testament of sd Phillip
Christian deceas’d in the presence
sevl: faith worthy persons, but
soon after the purful----[?, in fold]
thereof in manner afforesd, the sd
witness Ann Cain was seized of
fevour and died, yr petitr &
sd Thos Christian the Execr
(who were principally concern’d)
contenting themselves with the loss
of sd witness imagining the value
of sd will would never be disputed
upon such unjustified tearms,
as the only children saving the
sd Thomas th----[in fold]
marraiges had been provided for;
Yr petitr further craves have
to shew, that on Tuesday ye 19th
June last the Execr Thomas Christian,
& yr petitr exhibit----[in fold]
the sd will to yr Reverences Court
at Ballny-howin, where the sd
was duly sworn to by the living
witness John Quirck, to their
great surprise the sd Thos Waterson
their brother in law objected
agt the validity of sd will,
insisting that the same might
be set aside, and praying that
he might the sd -----[in fold]
be decreed coadminr with the
sd Thos Christian, though no
will appear’d the sole right
of administration is visited -----[in fold] the sd Thos;
Yr petitr further begs leave
to shew, that soon ----[in right fold]
the sd Thos the Execr petitioned
yr Reverences to have the
testimony of the Clarke who
wrote sd will from the mouth
of Ann Cain & other faith
worthy persons as -----[in right fold]
by and present when the sd
Ann Cain duly expressed -----[right fold]
sign’d sd will, and the sd
petition having recd” a raff----[?, in right fold]
thereto ordering the same
to be heard at Ballny:howin
12th of July (but to the
great misfortune of the Execr
Thos Christian & others
concern’d, the sd Thos was
by one of his Majesty’s
Finders impress’d, where
he still remains & continues, -----[in right fold]
totally deprived him from
suporting sd will or taking
upon him the burthen &
Execution thereof;
Forasmuch as sd will is
still depending and several
inconveniences attending the
same for want of an Execr
sworn, yr petitr as principal
Legatee humbly prays that
yr Reverences wd be pleased
(in aid of Law & Justice to
grant him yr Reverences
authority to charge the
witnesses in order to make
such lawfull proof of sd
will as the nature of the
case will admit off, and
also further to impower yr
petitr with some other person
to be sworn in Trust pending
the absence of the Execr,
& yr petitr as in duty bound shall pray &c.
KK Patrick Augt 4th 1759:
The petitionr has hereby Authority to change his
witnesses to the next Consistory Court giving the
Adverse party due notice.
Ro: Radcliffe
Whereas there are differences and disputes between
Grace Christian widow and her son in law Tho Waterson
both of the parish of KK Patrick touching the last
will and testament of Philip Christian husband to
the sd Grace Christian, which sd contest and dispute
to avoide troublesome and expensive lawsuits they
with the advice and consideration of their well
wishing friends and neighbours have brought to this
amicable and advantagious issue and conclusion as
is hereafter specified.
First, It is mutually agreed upon between the parties
that the sd Grace Christian doth hereby bind and
oblidge herself to give unto the sd Thos Waterson
in present possession half of her own part of all
her horses and cattle except one brown heifer which
the sd Grace Christian reserves wholly to herself.
It is agreed upon that the sd Grace Christian doth
give unto the sd Thos Waterson half of all her own
part of the household goods except the two largest
chists and a feather bed and boldster and bedstead
and all the linnen cloath in the house she the sd
Grace reserves wholly to herself with all the bed cloaths.
It is agreed upon that the sd Thos Waterson is to
have half of the sd Grace Christian’s part of all
the sacks and winnowing sheets and half of her
part of a piece of cloath for sacks and sheets that
are in the house.
It is agreed upon that the sd Thos Waterson is to
have to himself wholly all that he himself bought
of household goods and husbandry gears.
It is agreed upon that the sd Thos Waterson is to
have no more but his own part of the beasts that
were bought between himself and his father in law
Philip Christian.
It is agreed upon that the sd Grace Christian is
to have her own part wholly of all the peuter
that her husband bought since the sd Thos Waterson
came to live with them as the sd Philip Christian’s
will specifies and that the sd Thos Waterson is
to possess no more of the sd Grace Christian’s
goods but what is herein mentioned neither goods nor cash.
It is further agreed upon that the sd Thos Waterson
is no more for the future to contradict or speak
against the last will and testament of his father
in law Philip Christian nor any other person or
persons on the Thos Waterson’s behalf, But that
the Revernd Court may be most graciously pleased
to accept of the sd Will as a legal will, otherwise
these Articles are to be of non effect or force.
For true and faithfull performance of all these
Articles and agreements both the parties have
bound themselves c----[in right fold]
to the other in penalty of ten pounds to be
levyed according to Law in testimony whereof
they have hereunto caused their names and marks
this 10th of Novembr 1759.
Thos. Waterson his mrk X,
Grace Christian her mrk X.
Witnesses present:
Philip Cowley his mk X,
Wm Quirk his mk X.
At a Consistory Court holden at Blanyhown Novr 21, 1759:
Thos Waterson and Grace Christian have acknowledged the
within & above agreemt as their Act & Deed
before us.
Ro: Radcliffe,
Matths Curghey.
KK Patrick Nov 22d 1760: John Knickle of Peeltown
acknowledging himself indebted unto the Supervior
of the Goods of Thomas Christian son of Philip
Christian decd the sum of twenty six shillings being
the price of a horse wch was sold him, sd Knickle
is hereby ordered to discharge the sd sum which if
he neglects or refuses he is to be committed in
St Germans until he submits to Law and before
releasmt pays all fees.
Ro: Radcliffe.
To the Sumner of KK German who is disobeyed is to
desire the assistance of a soldier.
To be annexed to the will of Phil Christian of
KK Patrick who died abt 2 years ago.