Philip Quirk, 1787

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

45        Patrick
In the name of God Amen. 
I Philip Quirk of Slewholan in the parish 
of Kirk Patrick though weak in body yet 
of a sound and disposing mind and memory 
do constitute this my last will and testament 
in manner and form following this the 30th 
day of January 1787. 
First, I commit my soul to God and my body 
to Christian burial. 
Item, I leave and bequeath unto my daughter 
Jane the sum of eighty pounds. 
Item, I leave and bequeath to my daughter 
Catharine the sum of eighty pounds. 
Item, I leave and bequeath unto my daughter 
Elizabeth Bridson als Quirk the sum of thirty pounds. 
Item, I leave and bequeath unto my son 
Philip Quirk the sum of forty pounds 
that is to say if he comes to this 
Island to get the same, and in case 
he doth not come to this Island to get 
the same, the said sum of forty pounds 
is to fall and descend to my executrix 
hereafter named. 
Item, I leave and bequeath to my son 
Thomas Quirk by and with the consent 
of my wife all my concerns of houses, 
gardens, backside situate in Peeltown 
and easements to the same belonging 
to be possessed by him my said son at 
the death of the longest liver of my 
and my wife, with all the right I have 
unto the & concerns that did belong 
to William Quayle porter and situate 
in Peeltown also. Also, I leave and 
bequeath unto my said son xxx Quirk 
by and with the consent of my wife 
all the right and title – have unto 
that part of the mo--- that was taken 
to rent by Henry Quilliam and of 
annual Lords Rent of one shilling 
and four pence and half penny to be 
possess by him at the death of me 
or my wife, and in case his brother 
John is desxxx of having the said 
mountain he is to pay his brother 
Thomas Quirk the sum of twenty pounds 
for the same. Item, I leave unto my 
son John Quirk the sum of five shillings. 
Item, I leave unto my daughter Margaret 
the sum of five xxx. Lastly, I nominate 
constitute and appoint my loving wife 
Isabel Quirk als Quilliam whole and 
sole executrix of all the rest of my 
goods and effects and bills of mortgages 
that I have of or on land, be they of 
what kind or denomination soever as 
witness my hand the day and date before 
written. 
[signed] Phil Quirk. 
Witnesses: 
Philip Clucas, 
Patrick Corris. 

Between Isable Quirk petitioner and 
John Quirk defendant, 10th April 1787
exhibited to Philip Clucas and Thomas 
Cowin and referred to in and by their 
depositions. 

At a Consistory Court holden at KK Michael 
on Thursday the 26th day of April 1787, 
Isable Quirk als Quilliam the executrix 
named in the before going will is (pursuant 
to the Court’s decree and judgment of 
equal date herewith for the petition of 
the said Isabel Quirk) sworn executrix 
of the said will in form of law and hath 
given pledges for the payment of debts 
and legacies namely John Bridson her 
son in law of the parish of KK Malew 
and John Killip of the parish of KK Christ 
Lezayre. 
N.B. The said executrix refused to give 
her consent to the bequest or legacies 
bequeathed to her son Thomas Quirk by 
the testator in the said will. I John 
Bridson of KK Ballacrink in the parish 
of KK Malew, husband of Elizabeth Bridson 
als quirk daughter of Philip Quirk late 
of Slew whallan in KK Patrick deceased, 
do hereby acknowledge to have received 
from my mother in law Isabel Quirk the 
widow relict and executrix of the said 
Philip Quirk the sum of thirty pounds 
currency of this Island being the legacy 
left and bequeathed unto his said now 
my wife in and by his last will and 
testament and I do hereby exonerate 
acquit and discharge the said Isabel 
the said widow relict and executrix 
of the said Philip Quirk her executors 
administrators and assigns of and from 
the said legacy and every part thereof. 
As witness my hand this 10th day of 
February 1790. 
[signed] John Bridson, 
Elizabeth Bridson. 
Witnesses: 
John Craine, 
William Kewley. 

I John Kewley husband of Catharine Quirk 
daughter of Philip Quirk do hereby 
acknowledge to have received the sum 
of eighty pounds from my mother in law 
Isabel Quirk the same sum being a legacy 
bequeathed my said wife Cath. Quirk by 
the last will and testament of her 
father Philip Quirk and I do hereby 
release acquit exonerate and discharge 
my said mother in law Isabel Quirk of 
all claims and demands for or on account 
of said legacy of eighty pounds. 
Witness my hand their 16th June 1795. 
[signed] John Kewley. 

I John Corran of the town of Douglas, 
tanner, husband of Jane Corran als 
Quirk daughter of Philip quirk late 
of Slew whellan in KK Patrick, deceased, 
do hereby acknowledge to have received 
from my mother in law Isable Quirk the 
widow relict and executrix of the said 
Philip Quirk, the sum of eighty pounds 
currency of this Island being the legacy 
left and bequeathed unto his said 
daughter now my wife in and by his last 
will and testament. And I do therefore 
hereby exonerate acquit and discharge 
the said Isable the said widow relict 
and executrix of the said Philip Quirk 
her executors, administrators and assigns 
of and from the said legacy and every 
part thereof. As witness my hand this 
6th day of February 1790. 
[signed] John Corran. 

The humble petition of Isable Quirk widow 
of Philip Quirk late of Slieu Whallan in 
the parish of KK Patrick deceased and the 
executrix named in his last will and 
testament, sheweth that your petitioner 
at the last consistory court held at 
the house of Thomas Quine in the parish 
of KK Patrick in the month of March last 
exhibited the said will into the Court 
in order to receive probate in common 
form; 
that John Quirk your petitioners eldest 
son appeared in the said Court and 
opposed the probate of the said will 
in common form and moved that the 
witnesses of the said will might be 
specially examined seperately and 
apart before the Episcopal Registry 
touching the making and publication 
of the will; that your Reverences 
would pleased to order the said 
examination of the said witnesses 
to be taken before the said Registry 
accordingly; that agreeably to the 
said order of your Reverences your 
petitioner has proceeded and examined 
the said witnesses to the said will 
in special form and the petitioner 
is advised that the said will is 
suitably proved in law to entitle 
your petitioner . . . 
on to be heard and the said John 
Quirk the defendant nor any person 
in his behalf having appeared to 
object to the prayer of the said 
petition, the Court after reading 
the certificate of the Sumner of 
the Parish of KK Patrick (hereunto 
annexed) that he the said John Quirk 
was cited to appear here this day at 
the xxx of the petitioner of the 
depositions of Philip Clucas and 
Patrick Corris the subscribing 
witnesses to the said alleged last 
will and testament of the said Philip 
Quirk deceased. 

The deposition of Thomas Clucas of 
Peeltown, witness produced sworn and 
examined at the instance and on the 
behalf of the petitioner which 
copies are likewise hereunto annexed 
and the said alleged last will and 
testament of the said Philip Quirk 
which is marked with the letter A, 
exhibited by the petitions and is 
hereunto annexed. And duly considering 
the same as what was pleaded argued 
and alleged by and in the behalf of 
the petitioner are of opinion that 
the said will of the said Philip Quirk 
is fully and sufficiently proved 
and established and do therefore 
pronounce adjudge and decree for 
the validity thereof and that the 
petitioner may be sworn executrix 
and has the burden and execution 
of the said will committed to her 
and that the said John Quirk defendant 
do pay unto her her costs wrongly 
sustained and incurred in this cause. 

1787, in the Ecclesiastical Court 
of this Isle between Isabel Quirk 
the alleged executrix of the last 
will and testament of Philip Quirk 
deceased and John Quirk son of the 
said Testator.

Depositions taken in this cause on 
the part of the petitioner this 
10th day of April 1787: 

Philip Clucas of the parish of KK Patrick 
produced sworn and examined deposeth and 
saith that he was acquainted with Philip 
Quirk deceased husband of the Petitioner 
that he frequently visited the deceased 
during his illness, that on or about the 
30th day of January last past a servant of 
the said Philip Quirk called upon the 
deponent and acquainted him, that his 
Master vizt. Philip Quirk deceased wanted to 
speak with him, and that he went with the 
servant to the house of the deceased where 
he found the said Philip Quirk, Thomas Cowin 
of Peeltown and Patrick Corris of KK Patrick, 
saith that the deceased Philip Quirk 
acquainted the aforesaid persons that he 
was about making his will and that the 
said Philip Quirk proceeded to make his will, 
dictating to the said Thomas Cowin who was 
the scribe on the occasion; saith that 
after it was written the said Philip Quirk 
deceased took it from the said scribe and 
signed it in the presence of the said 
Patrick Corris, Thomas Cowin and the deponent; 
saith the deceased requested the said 
Patrick Corrin and the deponent might 
be witnesses to the said will; that the 
deponent signed his name and the said 
Patrick Corris put his mark to the 
said will in presence of the Testator 
as witnesses thereto; that he had 
looked at the paper writing purporting 
to be the last will and testament of 
the said testator marked with the 
letter A and exhibited to him as the 
time of his examination and saith that 
it is the same paper written to which 
he the deponent and the said Patrick 
Corris were witnesses as herein before 
mentioned; saith that the said Philip 
Quirk deceased was of sound and disposing 
mind and memory at the time of declaring 
the said paper writing to be his last 
will and testament, and as much as ever 
he the deponent remembered him to be; 
that it appeared to the deponent that 
the said will was voluntarily made published 
and declared by the said Testator and 
that he the deponent knows of no other 
will made by the said Philip Quirk deceased. 
[signed] Philip Clucas
 
Patrick Corris produced sworn and examined 
deposeth and saith that he well knew 
Philip Quirk deceased the petitioner’s 
late husband and lived in his neighbourhood, 
frequently visited him in his last illness; 
saith that a servant of the deceased came 
to the deponent and acquainted him that 
his mistress the petitioner wanted to 
speak to him; that soon after which the 
deponent proceeded to the house of the 
deceased; saith that the said petitioner 
told him the deponent that her husband 
was about making his will; saith Philip 
Clucas of the said parish of KK Patrick 
afterwards came to the house, and that 
the said Philip Clucas, Thomas Cowin 
and the deponent went about the same 
time into the chamber where the deceased 
lay; saith that the said deceased 
dictated his last will and testament 
in their presence to Thomas Cowin 
aforesaid who committed it to writing; 
saith when said last will and testament 
was so written the testator aforesaid 
signed it in their presence and desired 
the said Philip Clucas and the deponent 
to be witnesses thereto in consequence 
of which the said Philip Clucas signed 
the said will and the deponent put his 
mark to the will; saith that the said 
testator appeared to be of sound and 
disposing mind and memory when he made 
published and declared said Will; 
saith that the said Thomas Cowin was 
present during the said transaction; 
saith that he the deponent is illiterate 
and that he cannot identify the paper 
writing to which he put his mark 
purporting to be the last will and 
testament of the said Philip Quirk, 
but that he believes he recollects 
the substance thereof; saith that the 
testator bequeathed to his daughter 
Jane in the said will four score pounds; 
to his daughter Catharine¨ four score 
pounds and likewise to his daughter 
Elizabeth wife of John Bridson thirty 
pounds, to his son Philip forty pounds 
provided he return to the Country, 
otherwise that that legacy was to 
fall to the executrix; to son Thomas 
all his concerns that belonged to 
William Quayle porter in said town 
after the decease of the said Testator 
and his wife, she consenting to that 
devise together with a parcel of 
intack land that had been taken to 
rent by Henry Quilliam to be possessed 
by him the said Thomas also after 
the death of the testator’s wife, 
which said intack if his son John 
was desirous to have, he might enjoy 
the same paying his brother Thomas 
the sum of twenty pounds; saith 
the said testator bequeathed to his 
son John the sum of five shillings; 
to his Daughter Margaret wife of 
Silvester Mylchreest the sum of five 
shillings and appointed his wife 
Isabel executrix of all his goods 
chattels and effect; saith that he 
believes the said will was made about 
the latter end of January last past, 
and that he knows of no other will 
made by the said testator since. 
[signed his mark] Patrick Corris. 

Thomas Cowin of Peeltown produced 
sworn and examined deposeth and saith 
that he knew Philip Quirk late deceased 
the petitioner’s husband; that he 
has looked at the paper writing 
marked with the letter A purporting 
to be the last will and testament of 
the said Philip Quirk; saith that he 
the deponent wrote the same by 
direction of the said Testator; 
saith that the said Testator read 
and signed the same in the presence 
of Patrick Corris and Philip Clucas 
and the deponent; saith that he knows 
of no other will made by said Testator 
since; saith that he the deponent 
was sent for to the testator’s to 
write a deed of mortgage from the 
deceased Philip Quirk to William 
Crane for the sum of two hundred 
pounds and a Deed of Settlement 
whereby the Father was to settle 
the estate of Sleiau Whallan upon 
his son John, and the said John was 
to bind himself to transmit it to 
his heirs subject only to the incumbrance 
of the said two hundred pounds and that 
the Father was to pay this said son two 
hundred pounds in consideration of 
aforesaid condition; saith that the 
mortgage only was duly executed and 
that the said Will was made the June 
after the last mentioned transaction. 
[signed] Thomas Cowin