Jane Mylevorrey als Quirk, 1798

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

47       German
In the name of God, Amen. We Thomas Mylevorrey 
and Jane Mylevorrey als Quirk of the Driney in 
the Parish of KK German, being at present thanks 
be to God of sound mind, disposing mind and 
memory, and understanding but calling to mind 
the uncertainty of this mortal life and being 
desirous to see our worldly affairs, do 
therefore to that end publish and declare our 
last joint will and testament in manner 
and form following. 
First, committing our souls to Almighty God 
and our bodies to Christian burial. 
Secondly, we leave and bequeath each to the 
other of us all our purchased lands in the xxx 
to be wholly enjoyed by the longest liver of 
us during his or her natural life and then 
to devolve unto our son and heir of our 
Estate of the Driney and he the said son 
and heir to pay the sum of two hundred and 
fifty pounds and in case the said son and 
heir be not pleased to pay the above said 
sum to the executor or assigns after our 
longer liver, our will is that the said heir 
is to be excluded from having any right or 
title to the said lands or any part thereof 
but the same lands is to fall unto which 
soever of our children we shall appoint. 
Item, we leave and bequeath unto our son in 
law John Cowill the sum of five shillings. 
Item, we leave and bequeath unto our daughter 
Jane Cosnahan the sum of five shillings. 
Item, we leave and bequeath to our daughter 
Margaret Hadley[?] the sum of five shillings. 
Item, we leave and bequeath unto our daughter 
Elizabeth the sum of five shillings. 
Item, we leave and bequeath unto our son 
William the sum of five shillings. 
Lastly, we nominate and appoint each the 
other of us the said Thomas Mylevorrey 
and Jane Mylevorrey the survivor of us 
to be executor of the other and this we 
declare and sign to be both our wills in 
presence of the following witnesses, 
in testimony whereof we have hereunto 
affixed our marks to our names this 
29th day of January 1796. 
[signed, their marks] Thomas Mylevorrey, 
Jane Mylevorrey. 
Witnesses: 
Elizabeth Killey, 
Philip Quirk.

The humble petition of William Halsal 
of KK Patrick and Elizabeth Halsal 
als Mylworrey his wife, 
sheweth 
that Thomas Mylworrey of the parish of 
German and Jane his wife the father 
and mother of your petitioner 
Elizabeth did sometime in the month 
of January one thousand seven hundred 
and ninety six duly make and publish 
their joint last will and testament 
in writing and did thereof appoint 
and nominate the survivor of them to 
be executor of the same; 
that the said Jane Mylworrey did some 
time in the month of March last depart 
this life without having altered or 
revoked the said will whereby the said 
Thomas Mylworrey became entitled to 
the whole benefit of the said 
executorship; 
that the said Thomas Mylworrey died 
on the twenty ninth day of March after 
and subsequent to the decease of the 
said Jane by a certain instxxx in dxxxting 
or Deed of Settlement and for the xxx 
considerations therein mentioned 
amongst other things five grant and 
settle to and upon your petitioner 
all and singular the rest of his 
goods rights credits chattels bills 
bonds and effects as by the said 
deed duly executed and acknowledged 
may appear by m.. whereof your 
petitioners are become entitled to 
the whole benefit of the said 
executorship of the said will; 
your petitioners therefore pray 
that your Reverence may be pleased 
to order a day of this petition 
and the will of the said Jane 
Mylworrey may be proved and approved 
of and the bxxx thereof committed 
to your petitioners and that they 
may be sworn executors of the same 
and they shall pray etc. 

Ordered that the before going petition do come 
to be heard at an Ecclesiastical Court to be 
holden in the Court house in the Par4ish on 
Friday next whereof all proper parties and 
persons to have due notice. 
Given at KK Patrick 15th June 1798. 

At an Ecclesiastical Court holden 
at the Parish of KK Patrick on the 
22nd day of June 1798: 
Upon hearing the before going petition in the 
presence of parties and upon consideration 
had thereof as also of what was otherwise 
pleaded argued alleged and admitted by 
and in behalf of the said parties respectively, 
it is hereby ordered adjudged and decreed 
that the witnesses to the will in the said 
petition mentioned b examined in solemn form 
before the Revd. Thomas Cubbon the Archdeacon 
Official and Regr. 
And their depositions committed to writing 
on such day or days and at such place or 
places as he shall appoint for that purpose 
whereof all proper parties and persons to 
have due notice. 

I do appoint Tuesday the 3rd day of July 
next at the house of Thomas Quine in the 
Parish of KK Patrick for the examination 
of such witnesses as shall be produced in 
support of the will in this petition mentioned, 
whereof all proper parties and persons 
to have due notice and service; 
given this 27th day of Jun 1798. 

Tuesday the said instand being a common 
law Court day and inconvenient for the 
parties to attend, I do therefor appoint 
Friday the 20th instant at the house of 
Thomas Quine in the parish of KK Patrick 
for the examination of such witnesses 
as shall be produced in support of the 
will in this petition mentioned whereof 
all proper parties and persons to have 
due and legal notice and service.

Between William Halsal & Elizabeth his wife, 
petitioners, and William Mylevorrey, William Cosnahan, 
& John Cowle, defendants, in Ecclesiastical Court: 
Depositions of witnesses taken at the house 
of Thomas Quine in the parish of KK Patrick 
on the part of the petitioners the 20th day 
of July 1798: 
Philip Quirk of the pparish of KK German, 
petty school master, being produced sworn xxx 
deposeth and saith that he knoweth the 
several parties in this cause, saith that 
he knoweth Thomas Mylworrey of the Driney 
in the parish of KK German and that he knew 
& was well acquainted with Jane Mylworrey 
late deceased wife of the said Thomas Mylworrey, 
that in or about the 29th day of January 
1796 the said deponent was sent for to the 
house of Thomas Mylvoirrey, that he accordingly 
went there, that when deponent was at the 
house of Thomas Mylvoirrey aforesaid, the 
said Thomas Mylvoirrey and Jane his wife 
desired him the deponent to write their 
joint will and testament, that the said 
Thomas Mylvoirrey and Jane his wife did 
accordingly give this deponent instructions 
to write the same agreeably to such 
instructions, that the deponent has looked 
upon the paper writing now exhibited in 
Court and marked with the letter ‘A’ and 
certified as to be that the said paper 
writing so marked contains the last joint 
will and testament of Thomas Mylvoirrey and 
Jane his wife, that the deponent by the 
directions of the said Thomas Mylvoirrey 
and Jane his wife signed their there said 
Thomas Mylvoirrey and Jane his wife’s 
names to the said paper writing marked 
as aforesaid and that the said Thomas 
Mylvoirrey and Jane his wife touched the 
pen with their hands, with which their 
names had been written as aforesaid, 
that Elizabeth Kelly the other witness to 
the before written joint last will and 
testament of Thomas Mylvoirrey and Jane 
his wife was at that time a servant in 
the said Thomas Mylvoirrey’s house, that 
the said Elizabeth Kelly was called out 
of the kitchen unto the room where Thomas 
Mylvoirrey and Jane his wife were by the 
said Jane, in order to be a witness with 
the deponent to the said will and that 
that said Elizth Kelly did accordingly 
come into the said room; that the deponent 
had wrote the said joint last will and 
testament previously to said Elizabeth 
Kelley coming into the room as aforesaid, 
that the said Thomas Mylvoirrey and Jane 
his wife did inform or request the said 
Elizth Killey upon her coming into the 
room with the sum or substance of their 
joint last will and testament that the 
deponent did sign but that the same 
was not read to her, the name of the 
said Elizabeth Killey xxx her mark 
thereto as a witness, and that the 
said Elizabeth Killy did in the usual 
way touch the pen with which he wrote 
her name; that the said Thomas Mylvoirrey 
and Jane his wife did publish and 
declare the said paper writing to contain 
their last joint will and testament in 
the presence of this deponent and 
Elizabeth Killey, that this deponent 
did at the time of execution of the 
foresaid will look upon the said Thomas 
Mylvoirrey and Jane his wife to be of 
sound and disposing mind memory and 
understanding; that some considerable 
time after the execution of the foresaid 
will, Elizabeth Killey the other witness 
came to this deponent’s house and informed 
him the said Jane the testatrix had 
desired this deponent to read to her 
the will said joint last will and testament 
that she might not forget, that the 
deponent accordingly read the same to 
the said Elizabeth Killey; that the 
said paper xxx marked as aforesaid has 
remained in this deponent’s custody 
since the execution thereof. 
[signed] Phil Quirk. 

Elizabeth Killey of the Parish of 
KK Patrick, spinster, being examined 
deposeth and saith she knoweth and is 
acquainted with the parties in this 
cause, saith that she knoweth Thomas 
Mylvoirrey of the Driney in the Parish 
of KK German; that she knew and was 
well acquainted with Jane his wife 
late deceased; that deponent lived 
as a servant with the said Thomas 
Mylvoirrey and Jane his wife for 
the term of ten years, and quitted 
their service about May 1797; 
that the said Thomas Mylvoirrey was 
confined to his bed in the latter 
end of the year 179t and beginning 
of the year 1796; that during such 
the indisposition of the said Thomas 
Mylvoirrey the deponent was called 
into the room where the said Thomas 
Mylvoirrey was confined to be a 
witness to the will xxx last will 
and testament of the said Thomas 
Mylvoirrey and Jane his wife; 
that Philip Quirk whom the deponent 
understands was examined as a witness 
in this cause, was in the room with 
the said Thomas Mylvoirrey and Jane 
his wife when the deponent went into 
the said room as aforesaid; that upon 
the deponent’s going into the room 
the said Thomas Mylvoirrey and Jane 
his wife did inform her of the contents 
of their said will as follows; 
that the longer liver was to enjoy 
the lands called the Kew during his 
or her natural life and that the same 
was afterward to go to their heir 
William Mylvoirrey upon the payment 
of the sum of two hundred and fifty 
pounds to their executor upon the 
decease of the longer liver, and in 
case the said heir refused to do, 
the said lands were to go to their 
executor except five shillings to 
John Cowle of the Bawnagh, and five 
shilings to their son William their 
heir at law, and five shillings to 
their daughter Jane, five shillings 
to their daughter Elizabeth, and 
the survivor of the said Thomas 
Mylvoirrey and Jane his wife to be 
executor or executrix of their said 
joint will; that this deponent saw 
a paper writing on the table in the 
said room, which deponent understood 
to be the said will and that deponent 
saw the said Thomas Mylvoirrey touch 
the pen for the purpose of signing 
his name to the said paper writing 
and deponents saw the said Philip 
sign the said Thomas Mylvoirrey’s 
name to the said will, as she 
understood, the deponent not being 
able to read or write, but deponent 
did not recollect that she saw the 
name of Jane the wife of said Thomas 
Mylvoirrey at any time unto subscribed 
to the said will; 
that the deponent put her hand to the 
pen to have her name subscribed as a 
witness to the said will, and that 
she understood at that time it was 
the joint will and testament of said 
Thomas Mylvoirrey and Jane his wife; 
that the deponent looked upon the 
said Thomas Mylvoirrey and Jane his 
wife to be of sound and disposing 
mind memory and understanding at 
said time; that some considerable 
time after the execution of said 
will Jane the wife of said Thomas 
Mylvoirrey directed the deponent 
to go to the said Philip Quirk for 
the purpose of having the said will 
read to her, that she might not 
forget the contents thereof; 
that she accordingly went to the 
said Philip Quirk who desired her 
to relate from her recollection 
the contents of said will, that 
she accordingly did relate it, 
and the said Philip Quirk told her 
she was right, but had not a paper 
in his hand at the time of deponent’s 
making such relation as aforesaid, 
but understood said Philip Quirk 
did recourse to said will to know 
whether deponent was right in such 
her relation. 
Being cross examined on behalf of 
the defendants, deponent saith she 
did not offer any mark to the said 
paper writing which she understood 
to be the said will, by which she 
could not be able to identify the 
same, nor did deponent to the best 
of her recollection see the said 
Jane Mylvoirrey put her name or 
mark to the said paper writing or 
put her hand to the pen for that 
purpose; that some few days after 
the deponent had been called upon 
as a witness tot he said paper writing 
as aforesaid, the said Jane Mylvoirrey 
declared to this deponent that she 
the said Jane Mylvoirrey had not signed 
the said paper writing and deponent 
does not know but said Jane Mylvoirrey 
might have repeated the above 
confession more than once. 
[signed her mark] Elizabeth Killey. 

Between William Halsal & Elizabeth his wife 
of the parish of KK Patrick, and William Mylvorrey, 
William Cosnahan and John Cowle: 
At KK Patrick 28th July 1798 exhibited to 
Philip Quirk witness examined in this Cause 
at the time of his examination and certified so be.

Between William Halsal and Elizabeth his wife,¨
petitioners, and William Mylworrey, 
William Cosnahan, and John Cowle, defendants, 
in the Ecclesiastical Court, to the Revd. 
Evan Christian one of the Vicar Generals 
of this diocese, 
the humble petitioner 
sheweth 
that your Petitioners some time ago preferred 
a petition to your Reverence stating that 
Thomas Mylworrey and Jane his wife duly made 
and published their last will and testament 
in writing and appointed the survivor of 
them to be executor thereof and that the said 
Thomas Mylworrey had sometime after the 
decease of the said Jane by a certain instrument 
in writing or deed by him duly made given 
granted and settled all singular his goods 
effects to and upon your petitioners and 
praying that the said will might be proved 
and approved of and the burden that they 
committed to your petitioners; that the said 
defendants thought proper to litigate the 
validity of the said will and the witnesses 
to the same were thereupon xxx xxx as to 
the same having been duly xxx; 
your petitioners therefore humbly pray for 
a hearing of his petition and that the said 
will may be proved and approved of and the 
burden and xxx thereof committed to our 
petitions and they shall pray. 

Ordered that the before going petition do come 
on to be heard before me at the Ecclesiastical 
Court to be holden in the Court house in the 
Parish on Friday next whereof all proper parties 
and persons to have due notice
given at KK Patrick 20th August 1798. 

At KK Patrick 24th August 1798, continued.
At a Consistory Court holden in the Court 
house in the Parish of KK Patrick on the 
31st day of August 1798; 
upon hearing the before going petition in 
the presence of the said parties and their 
advocates and upon reading the said original 
petition of the petitioners in this Cause; 
a paper writing marked with the letter ‘A’ 
purporting to be the joint last will and 
testament of Thomas Mylworrey and Jane 
Mylworrey als Quirk of the Driney in the 
Parish of KK German and exhibited into Court 
by the petitioners (a Deed of Settlement 
granted by Thomas Mylworrey to William Halsal 
and Elizabeth his wife dated 27th March 17xx) 
and the depositions of Philip Quirk of 
the Parish of KK German, schoolmaster, 
and of Elizabeth Killey of the Parish of 
KK Patrick, spinster, being witnesses 
produced sworn and examined before the 
Revd. Thomas Cubbon Archdeacon’s Official 
Register by and in behalf of the said 
petitioners and upon consideration had 
thereof as also of what was otherwise 
offered pleaded argued alleged and admitted 
by and on behalf of the said parties 
respectively, the Court are of opinion 
that the said paper writing is and doth 
contain the last will and testament of 
the said Jane Mylworrey als Quirk and 
that the petitioner William Halsal out 
to have the burden and execution thereof 
committed to him and do thereupon hereby 
pronounce decree and declare for the 
validity of the said will so far as 
concerns the said Jane Mylworrey als 
Quirk and that the said William Halsal 
be sworn the executor thereof accordingly.

At a Consistory Court holden in the 
Court house in the Parish of KK Patrick 
on the 31st day of August 1798
The said Jane Mylevorrey als Quirk having 
lately departed this life without altering 
or revoking the before written will, the 
said William Halsal is pursuant to the 
Court’s decree of equal date herewith