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Jane Christian als Cowle, 1792 |
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| Submitted by: | Joyce M Oates |
| Date: | 12 November 2007 |
| Original: | LDS: 0106231 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
Archdeacon Will 1792#57 Lezayre of Jane Christian alias Cowle, wife of Standish Christian of Ellanbane, Lezayre, made 6 March 1792:
Lezayre, 57
In the name of God Amen. I Jane Christian otherwise Cowle
wife of Standish Christian of Ellanbane in the Parish of
KK Christ Lezayre, being in a sickly declining condition,
but by the favour of God of sound and disposing mind and
memory, do make this my last will and Testament in manner
and form following.
First I commit my soul to God, and my body to Christian burial.
Item, I leave bequeath and devise unto my only son and heir
Charles Christian all my rights title and Estate of what
kind or nature soever in and to a certain Mountain known
by thye name of Carrin and the two Close Moors together with
my right of the tythes which was purchased from his Grace
the Duke of Athol all of them situated in the Parish of
KK Christ Lezayre, and to be possessed by him immediately
after my decease free & debtless.
Item, I leave and bequeath to my daughter Mary Christian
the sum of twenty pounds and a piece of stuff which is at
present at Kelly’s ---- -----[dark area] and all my petticoats.
Item, I leave and bequeath to my daughter Margery Cowle
wife of Charles Cowle ----- a black gown and ----- pounds ------[dark area at bottom of page]
to my said Margaret Cowle’s son whose name is John and in
case her said son John shall dye before he comes to age
then and in that case whatever part of said sum remains,
the same is to be laid out on the next child to pay for
his Education.
Item, I leave and bequeath to my daughter Elizabeth Christian
twenty pounds, and a black Bumbarine gown.
Item, I leave and bequeath to my daughter Jane wife of Thos:
Kinread twenty pounds, and to her daughter Margaret Kinread
a sheep and a lamb.
Item, I leave and bequeath to my husband Standish Christian
the writing desk.
Lastly I do hereby nominate constitute and appoint my dutiful
and affection son Charles Christian sole and whole Executor
of this my last will and Testament and Residuary legatee of
all the rest of my goods, chattels, credits, and effects of
what kind or nature soever hereby revoking and declaring
other or former will or wills by me made null and void and
declaring this to be my only last will and testament.
And in case any person of persons shall claim this my lst
will and testament, I do hereby cut off him or them with ----[dark area]
legacy in Witness hereof I do hereby affix my mark to my name
this six day of March 1792. Jane Christian alias Cowle my X.
Signed and published by the Testatrix, as her last Will and
Testament in the presence of us:
William Creer my X,
William ----, juratie.
At a Consistory court holden in the Court house in the Parish of Michael
on Friday the 18th Day of May 1792:
The Executor is sworn in Court in form of Law and hath given
pledges for the payment of debts and legacies, namely Thomas[?]
Brew of the Parish of Andreas, gentlemen, and James Clark of the
Parish of Lezayre, yeoman.
Probatum est,
Ev: Christian,
Wm Clucas.
Amount of the accts --- of the goods & effects of Jane Christian late decd --- £86:11:11p
Out of wch to be deducted the sum of, being a charge agt sd Estate ------------ 6 : 5 : 8
There remains clear the sum of ----------------------------------------------------- £ 80 : 6 : 3
The amount of the claim proved agt the Estate of sd Jane Christian
with the interest due on some of the bonds ------------------------------------------- 96 : 16 : 2
So that there is deficiency of £ 16: 16, to pay the several claimants as
appears by the accts returned to the Archdeacons Registry.
Tho: Cubbon Ar Reg.
The above sum of £80:6:3 makes a
-------------------[2 lines are too dark to read]
To the Reverend Messr Evan Christian
and William Clucas Vicars Genl of this Isle:
The humble petition of Standish Christian
of Elanbane in the Parish of Lezayre;
Sheweth,
that your pettrs wife Jane Christian having lately
departed this life and previously made as your
pettr is informed her last will and testament
whereby she apointed her son Charles Executor
and Residuary legatee and amngst other bequests
did bequeath to all your pettnrs children several
considerable legacies which your said son Charles
Christian means to evade as he seems to d----t
said will which you pettr is fully s----able
of as he has repeatedly ----- his said son to
take the pettr into his care which he utterly[?] -------[dark area]
meaning thereby to evade payments and become
heir to the purchased lands of your pettr and the
decedent,
That the effects of the decedent are in a Ruinous
situation and perishable condition through the
said Execr diserting[?, dissenting?] the said Will,
----d--- consideration whereof our pettr in justice
to all parties humbly prays
that the sumner of said perish may in the mean time
be ordered to secure the property of the decedent
by dividing[?] and taking into custody the ------------
of ---- and all ----- --------[the bottom 2 lines of the page are too dark to read well]
to the next of Kindred according to Law as also
that your Reverence will ------[dark edge]
to grand a hearing hereof at such time &
place as you shall appoint Whereby Justice may be
done to the Creditors and legatees of your pettr’s
said wife and all ---------- timely prevented and
your pettr as in duty bound shall for your
Reverences happy as ever pray.
Ordered that the before going Petition do come on to be heard
at a Consistory Court to be holden in the Court house in the
Parish of Michael on Friday next whereof all proper Parties
& Witnesses to have due notice.
Given at KK Patrick 15th May 1792.
Ev: Christian.
To the Revd Messr EvanChristian
and William Clucas Vicars Genl
of this Isle: T
he humble petition of Charles Christian
of Ellanbane in the Parish of Lezayre,
Sheweth:
That your Petr as Executor to his Mother
Mrs Jane Christian has returned an Inventory
to your Reverences Court Registry which only
amounts to the sum of seventy two pounds Manks,
That the several claims now entered agt
her said Estate are vastly more than the
amount there of
and your Petr being desirous of making the
most of the said Estate upon sale and having
an Equitable distribution made in
aproportionable manner according to the
Claims of the Several creditors in a just
and Equitable manner, and your Petr being
apprehensive some other Creditors are to
bring suits in Chancery agt him and some
others who have obtained your Reverences
orders are Executing them agt your Petr;
--- your Petr humbly prays a stay
of all proceedings upon such orders
or judgment as have been granted
against him until such time as the
Estate may be disposed of to the
best advantage and distribution
made or ----- of the whole Estate
and your Petr shall &c.
The matters of the within Petr are ordered to come
on to be heard at the Consistory Court to be holden
at the House of Thos: Quine in the parish of KK Patrick
on the last Thursday in the month of July next whereof
the principal Creditors to have due notice and in
the meantime the orders complain’d of are stay’d.
Given this 8th June 1793, Wm Clucas.
At a consistory Court holden in the Court house
in the Parish of KK Patrick on the 25th Day of July 1793.
Ordered that the before going Petition do come are to
be heard at a Consistory Court to be holden in the Court
house in the Parish of KK Michael on the last Thursday
in the month of October next and that in the meant time
the said orders or Judgments of the Court to be stay’d
and suspended whereof all proper Parties and Persons t
o have due notice.
Ev: Christian, Wm Clucas.
At a Consistory Court holden in the Court house in the
Parish of KK Michael on Thursday the 31st day of October 1793:
Upon having the beforegoing Petition in-----
of the Petitioner and of some of the -----
of Creditors of the Estate of the said Jane Christian -------------
[last 2 lines are in dark area of page, hard to read]
thereof --- also of what was otherwise pleaded ------
[dark area]
alledged by and in behalf of the said Portion respectively
The Court do order that the Revd: Mr Thos: Cubbon Archd: Regr:
do ascertain the clear amount of the said Jane Christian’s
Estate and after deducting there from her Funeral expences
and all debts to be paid in preference out of the said
Estate, do divide and distribute the remainder thereof
penny-pound-like amongst the common Creditors of the said
Estate who have legally entered and proved their claims against
the same; and it is likewise hereby further ordered that
the Petitioner do forthwith pay unto the said Creditors
their respective dividends as ascertained and struck in
Manner aforesd otherwise that he bee committed to Prison
there to remain until he shall submit to Law and pay all
Fees.
Ev: Christian,
Wm Clucas.
To the Sumner of Lezayre ------ -------
who if disobeyed to apply for a constable.
To the Revd William Clucas
Vicar Genl &c,
The humble petition of Charles Christian
of the Town of Ramsey,
Humbly Sheweth:
That one John Kissage of the paish of lezayre,
sometime ago entered a claim against the Estate
of Jane Christian to whose will Petr is Execr
for the sum of one pound, eleven shillings
& five pence, and for wch sd sum he had petrs
Fathers note for and was paid by an execution
against his sd Father as has been made to
appear ----- regardless to Law & Justice,
He the sd Kissage and petrs sd Father did
combine together that Kissage would sue Petr
for the contents of sd Note and to return a
moiety thereof to Petrs sd Father, and
accordingly sd Kissage did sue Petr and
obtained an order that Petr never knew
till of Late that the contents of sd
Note was paid not of their combination
about the sum, but now Petr can make to
appear by faithworthy evidences that the
contents of sd Note was fully paid as afforsd.
Wherefore Petr humbly bets your Revnce
to take this cause to your mercyfull and
judicious consideration, and to grant
authority to charge sd John Kissage and
all that can give light in sd cause before
your Revnce, and that in the meantime sd
order against Petr may be stayed;
which granted Petr shall pray &c.
This Petr is ordered to come on to be heard before me
at a Court to be holden in the parish of KK Bride of
Friday the 28th day of this month whereof all proper
Parties and Persons to have legal Notice and in the
meantime the order complained of in this Petn is stayed.
Given this 15th day of March 1794.
Wm Clucas.
At KK Bride 28th Mar 1794:
The above written order is continued to the 2d day of May next in Ramsey.
Wm Clucas.
At a Court holden at Ramsey the 2d day of May 1794:
The matters of the within and before written Petn have
come on to be heard before me in presence of the Parties
and upon hearing the Testimony of Wm Crow a witness
produced sworn and examined at the Instance of John
Kissage the Defendant in said Petn mentioned and also
upon hearing what was argued pleaded alledged and
admitted by and on behalf of the Patries respectively
on consideration had thereof I am of opinion that the
said Petition ought to be dismissed and it is therefore
dismissed accordingly.
Wm. Clucas.
At KK Bride 23d May 1794:
Charles Christian Excr of the last Will & Testamt of
Jane Christian of the parish of Lezayre late decd, Plaintiff
& Standish Christian of the sd parish of Lezayre, Defendant:
It appearing upon trial that the Defendant is indebted unto
the Plaintiff in the sum eleven pounds twelve shillings and
four pence for and on acct of several Articles bought at the
auction of the goods & effects of the said Jane Christian a
schedule of which is hereunto annexed and also in the further
sum of four shillings and six pence recover’d of the Execrs
of Philip Garret decd which said sums together amount to
the sum of eleven pounds sixteen shillings and ten pence.
Ordered therfor that the Defdt Standish Christian do forthwith
pay and discharge the said sum of eleven pounds sixteen shillings
and ten pence, Otherwise to be committed to prison there to
remain until he shall submit to Law and pay all fees.
Wm Clucas.
To the Sumner of Lezayre who if disobeyed to apply for a constable.
At KK Bride 23d May 1794:
Charles Christian of the parish of Lezayre Plaintiff,
& Standish Christian of the said parish of Lezayre:
It appearing by the last Will and Testamt of Jane Christian
recorded Lib: 1mus 1770 that he the said John ------[dark right edge]
left and bequeathed the sum of one pound legacy to the
laintiff and it also appears upon trial that the Defendant
had receive said legacy of one Pound for the use of the
Plaintiff and it appearing by the both[?] of ----
Plaintiff that he the sd Pltf had not received or
been paid the ---- Legacy.
Ordered therefore that the Defdt Standish Christian do
forthwith pay and discharge said legacy of one Pound, otherwise to
be committed to prison there to remain until he shall submit to ----
and pay all Fee. Wm Clucas.
To the Sumner of Lezayre who if disobeyed to apply for a Constable.
At KK Bride June 6th 1794:
Charles Christian Excr of the last will & testmt of Jane Christian
of the parish of Lezayre decd, Plaintiff &
Standish Christian of the said parish of Lezayre, Defendant:
It appearing upon trial that the Defdt Standish Christian is
indebted to the Plaintiff in the sum of six shillings for and
on account of eight kishens of barley, ordered therefore that
the said Defendant do forthwith pay and discharge the said
sum of six shillings subpoena juris with all ffees.
Wm Clucas.
To the Sumner of Lezayre who if disobeyed to apply for a constable.
To the Reverend William Clucas
one of the Vicars General of this Isle,
The Humble petition of Standish Christian
of the parish of Lezayre,
Sheweth,
that your pettr son Charles Christianas Executor
to his deceased Mother obtained two orders from
your Reverence against your pettr wherein are
comprised[?] the dead & livings parts due on said
account which your pettr presumes to observe[?]
is contrary to all law and justice as one half
ought to be abs----ed and abated in regard that
he as Executor to your pettr wife ought to be
subject to one half the debts.
Your pettr therefore prays for
a suspension of said judgements
and a ----aring whereby he may
have legal justice and remedy
according to Law and he shall
for your Reverences happiness
ever pray.
Ordered that the matters of the within written Petr do
come on to be heard before me at a Court to be holden
at the House of Chars Kewn in the parish of KK Bride
on Friday the fourth day of July next whereof all proper
Parties and Persons to have legal notice and in the
meantime the Judgments within mentioned are stayed.
Given the 27th June 1794,
Wm Clucas.
At KK Bride 4th July 1794:
Continued to Friday next. Wm Clucas.
This is to Certify that I have served Mrs. Ann Corlett
of Ramsey for Clarke Christian with the Petition of
Standish Christian and the Revd Vicar Genl Clucas
continued order thereon and also charge with the
sd Ann Corlet for the sd Charles Christian to appear
before his sd Revnc at the House of Charles Kewin
in KK Bride on Friday next where called to Answer
the sd Petition and suit of the sd Standish Christian,
This 8th day of July 1794. John Christian, Sumner Genl.
At a Court holden at the House of Chars Kewn in the
parish of KK Bride on the 11th day of July 1794:
Upon hearing the matters of the before written Petr
in presence of the Parties and upon reading the
minutes of one of the orders in said Petr complains
of dated 23d May 1794 for one pound being a legacy
left by John Cowle to Chars Christian the Petr son
and Defdt in this Petr mentioned and which sd Legacy
had been received by the Petr, And it appearing that
the said Charles Christian as Execr to his mother Jane
Christian wife of the Petr is subject to the payment
of a moiety of the said Legacy on consideration
whereof it is hereby adjudged and decreed that
the Petr is only to pay one moiety of the said
order viz ten shillings on acct of the sd Legacy,
And with respect to the other order of equal date
in sd Petr mentioned the Petrs charges and allegations
being frivolous and groundless I am of opinion that
this Petr so far as concerns the sd order ought to
be dismissed and it is hereby dismissed accordingly,
Wm Clucas.