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Ewan Garret, 1772 |
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| Submitted by: | Donald Kirkham |
| Date: | 23 February, 2008 |
| Original: | LDS: 0106391 |
Lezayre At a Court of Correction holden
at Lezayre Feby 26. 1772
Ewan Garret late of the Parish of Lezayre, departed
this Life on or about the 20th day of Novr last past
Intestate – The Court upon Intelligence thereof
Decrees his Brothers & Sisters of the Whole Blood
namely, Philip, Willm, Margt & Alice Garret
sole & joint Adminrs of whatever Goods or Chattels
became due to the Intestate by the death of their
mother Elizabeth Garret als Sutcliffe – and they
with Jane & Cath: Garret sisters of the Half-Blood
are Decreed joint Adminrs of whatever Goods or Fortune
became due to the Intestate by the death of John Garret
their common Father, or were of the Intestates own
acquirement – Elizth, Margt & Alice wth Jane & Cath:
aforesd being absent, by consent of Philip the Adminis:
tration is committed unto Wm Garret aforesd & Philip Garret
one of the Intestate’s Creditors – Wm Garret & Phil: Garrett
aforesd are thereupon sworn well & truly to administer
the Goods Chattels & Credits of sd Intestate, to pay his just
Debts as far as the Hoods will extend & the Law shall
bind, as also to be accountable for their Administration
when thereunto required – they are likewise to bring to
the Registry a perfect Inventory -- & have given Pledges
in form of Law namely Philip Garret of Ballabroy in
Lezayre & John Wattleworth of Ramsey
Sov 3s Decretum est
Ja: Wilks
Joh: Moore
[Thirteen pages of claims, inventory & account of sales not included]
The Condition of this Obligation is Such that
the under named Subscribing parties namely Patrick
Lace Junr of Peeltown for himself And Philip Garret
of the Town of Douglas for himself and William Garret
of the said Town Joynt Admtrs of Ewan Garret, concerning
unsettled accompt Between the said Patrick Lace and
the said Ewan Garret – And having Elected and Chosen
Captn George Savage of the Town of Peel to settle and
Determine the same Therefore know all men by these
presents I Patrick Lace aforesd and Philip Garret for
myself and William Garret Admtrs as aforesd Do and
shall in all things well and truly stand to obey abide
by perform fulfill and keep the Award Order Arbitran
Final free and Determination of Captn George Savage of
Peeltown to Arbitrate award order judge and Determine
of and concerning all manner of action & actions Damages
and Demands whatsoever at any time or time heretofore
had made moved brought commenced sued prosecuted
Done Suffered committed or Depending by or between
the said Parties so as the award be made and given up
in Writing within Six Weeks after the Date hereof
To which award and Judgement to to stand to and abide
We bind ourselves Heirs Extrs admtrs and Assigns in and
under the penauld of Forty Pounds sterling to be paid
according to Law In Witness Whereof We have herunto
subscribed our names this the 23th Day of Octr 1772
Patk Lace
At Peeltown Octr 23 1772 Phil Garret
The above named Patrick Lace for Himself &
& Philip Garret Acknowledged Wm Garret
the above Bond of Arbitration to
be their voluntary Act & Deed
before me Joh: Moore
The 14th Janry 1773 The within named Patk Lace
Phil Garret
^ have Consented to Continue the within Bond of
arbitration to the 16th Janry under the within
Mentioned penalty as witness there Hands
Patk Lace
Phil Garret
To all People to whom this present writing shall come
I Geo. Savage Arbitrator indifferently chosen by Patrick
Lace & Philip Garret having heard both the said Parties
do by these presents (& by consent of the said parties) arbitrate
& award that the said Philip Garret & William Garret joynt
Adminrs of Ewan Garret shall well & truly pay or cause to be
payd unto the said Patrick Lace the sum of Eleven pounds
seventeen shills & nine pence halfpenny Britsh on or before the
first day of March 1773. And upon payment thereof the
said Patrick Lace & Philip Garret shall deliver each to the
other a general release in writing of all Matters dealing between
the said Patrick Lace & Ewan Garret Witness my hand
this 16th day of January 1773 ~~
Geo. Savage
Unto the Revd Messrs James Wilks & John Moore Vicars Genl of this Isle
The Humble petition of Philip Garret & William Garret of Douglas
Most Humbly Sheweth
That your pettrs did obtain a decree of admin
Administration of the Estate and Effects of Ewan Garret of
Lezayre deceased Which your Reverances Granted about three
Years ago that your pettrs accordingly made sale of all the
Effects of the deceased & collected all the debts due as farr as they
could discover and accordingly Returned a True Inventory
an account of Sale to the Episcopal Registry in due time that
the Claims proved by the Creditors of the deceased far exceeds
the amount of his effects Whereby your pettrs can only pay
in proportion as the effects and amount of the account sale
Extends that none of the decedents Creditor had applied
to your Reverances for a distribution which causes your
pettrs to apply in order that the same may be settled and
All creditors be paid in proportion as they are by Law
Entitled to
Your pettrs therefore most Humbly prays
that your Reverances will be pleased to order
that the Revd Mr Ev: Christian Ep: Regr may settle
and proportion the demands of the Creditors of
the decedant in proportion to the neat proceeds
of the effects Whereby your pettrs may be
unburthened for the administration aforesaid
and your pettrs as in duty bound shall for your
Reverances Happiess ever pray &c ~~
On consideration of the matters of this Petition it is hereby ordered
agreeable to the Prayer thereof, as also that sevl Credrs of Ewan Garret
have due notice to attend the Ep: Regr on such day as he shall appoint in
order to settle & proportion the effects of the decd among sd Credrs an all
concerned have Liberty to [?] to the Court for further Direction
in case such shall be necessary
Given this 14th Augt 1775
Ja: Wilks
Ordered that the Claimants agst the Admon in Trust of the Effects
of the above named Ew: Garret do meet me at Ballavagter[?] on Monday the
4th Day of Septr next for the Purposes mentioned in the before going Petition
& Vicar Genls order thereon – Given at Kk Patrick this 23d day of Augst
1775
Ev: Christian Ep: Regr.
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