Henry Graves, 1798

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

44         German
In the name of God, amen.  I HENRY GRAVES of Peeltown, 
merchant, being of perfect, sound and disposing mind, 
memory and understanding, and calling to mind the 
uncertainty of this transitory life, do make, publish 
and declare this my last will and testament in manner follow.  
First, I bequeath my soul to God, hoping and believing 
a remission of my sins by the merits and mediation of 
Jesus Christ; and my body I commit to the earth to be 
buried at the discretion of the guardians of my children 
herein after named.  
And my worldly Estate I give and devise as follows:  
First, I give and devise to my SON JOHN THOMAS GRAVES 
my part or share of the house in the said town wherein 
my BROTHER WILLIAM GRAVES now lives, together with my 
part or share of a house bought of JOHN SHIMMIN AND 
HIS WIFE. But my will and desire is that he the said 
WILLIAM GRAVES shall occupy, possess and enjoy the said 
house wherein he now resides until my said SON JOHN 
THOMAS shall attain the age of twenty one years, 
provided he the said William Graves will keep the same 
in sufficient tenantable repair. Also, I give, devise 
and bequeath to my SON HENRY GRAVES my part or share 
of the house adjoining the churchyard and of the yard 
and appurtenances thereunto belonging (the other half 
or share thereof having been given to him by his mother) 
but he is not to take or enjoy the said part of share 
of the said house if he should prevent HIS SISTER 
ANN GRAVES from peaceably possessing and enjoying a 
house lately erected upon the yard xxx formerly 
belonged to the said house xxx in that case his said 
sister ANN GRAVES is to have possess and enjoy the 
said part or share of the said house bequeathed and 
devised to him as aforesaid. 
Also to my SON WILLIAM GRAVES I leave, devise and 
bequeath my part or share of a house, garden and 
appurtenances thereunto belonging at the Red Gap near 
Castletown together with the sum of fifteen pounds British.  
Also to my SON GEORGE GRAVES I leave, devise and 
bequeath my part or share of the house, lands and 
concerns purchased b me from JOHN CAIN (Deliver) 
together with the sum of five pounds British.  
Also, to my SON THOMAS JOSHUA GRAVES xxx pounds 
British and my part or share of the houses, concerns 
and appurtenances wherein I now reside and which 
I myself now occupy commonly called Nicholson's house 
and Thomas Quay's house and concerns, provided he 
the said THOMAS JOSHUA GRAVES will allow and permit 
HIS BROTHERS JOHN GRAVES and HENRY GRAVES, whoever 
of his brothers may carry on the shop keeping 
business peaceably to possess and occupy the whole 
of the said premises until the said THOMAS JOSHUA 
GRAVES shall attain twenty one years, they paying to 
him thereof the annual rent of five pounds and five 
shillings British.  
Also, to my DAUGHTER MARGARET GRAVES I leave, devise 
and bequeath my part or share of the house and garden 
near the crop called John Fairbrother's house and 
garden, together with the appurtenances thereunto 
belonging, and also the bed, bedding and cotton hangings 
and a spare mahogany table in the room over the parlour.  
Also, to my SON CHARLES GRAVES I leave, devise and 
bequeath on half or moiety of the house and concerns 
which I purchased from JOHN CAIN of Largydoo, the 
other half or moiety thereof being settled by me on 
his mother.  And I likewise further bequeath to him 
the sum of twenty five pounds British.  
Also, to my DAUGHTER ANN GRAVES I leave, devise and 
bequeath my house adjoining the Churchyard wherein 
MARY WITHAM now resides and its appurtenances, 
together with the sum of twenty five pounds British.  
Also, in case of the decease of any of my said CHILDREN 
BY MY FORMER WIFE before marriage or the age of twenty 
one years, my will and desire is that the legacy or 
legacies bequeathed to such child or children dying 
as aforesaid xxx become the property of the survivor 
of the said children.  
And it is likewise my will and desire and I do hereby 
direct that in case either of my CHILDREN BY MY 
PRESENT WIFE should depart this life before the age of 
twenty one years the legacy or legacies bequeathed to 
xxx child or children by my present wife dying as 
aforesaid shall become the property of the survivor or 
survivors of them.  
Also I give, devise and bequeath to my TWO ELDEST SONS 
NAMELY JOHN THOMAS AND HENRY GRAVES equally betwixt 
them and xxx of lands purchased by me from the xxx of 
DANIEL CLARKE late deceased, and likewise the house 
adjoining the house and concerns that was purchased 
from JOHN CAIN of Larghydoo xxx they to pay the purchase 
money of the said xxx.  And I do also devise and bequeath 
to them my said SONS JOHN THOMAS AND HENRY GRAVES all 
the rest, residue and remainder of my real and personal 
Estate and Estates of what denomination or description 
soever, and also the issues and profits of the legacies 
of their brothers and sister by my said former wife 
until they xxx to support and maintain themselves 
provided that the said John Thomas and Henry Graves 
will reside in Peeltown aforesaid, carry on the shop 
keeping business and support, educate, clothe, and 
maintain their said brothers and sister until they 
are severally able to support and maintain themselves 
as aforesaid.  
But it is my will and desire that in case they the 
said John Thomas and Henry Graves should declare and 
carry on the shop keeping business in the said Town, 
and to educate, clothe, and maintain their said brothers 
and sister as aforesaid then the said lands, house, 
residue and the said issues and profits of the said 
legacies to go to and become the property of such of 
my children by my said former wife as will reside in 
the said xxx carry on the said business and educate, 
clothes and maintain the said children as aforesaid.  
And I do recommend to my wife and children to reside 
together as long as they think xxx their mutual comfort, 
convenience and advantage so to do.  
And lastly, I do nominate, constitute and appoint 
ROBERT FARRANT of xxxby Esquire, and the Revd JOHN 
BRIDSON of Marown guardians and supervisors of my 
children under age, and likewise executors in trust 
of this my last will and testament.  
In testimony whereof I have hereunto subscribed my 
name this sixth day of November in the year of our 
Lord one thousand seven hundred and ninety seven.  
[signed his mark] Henry Graves, 
[signed] Judith Graves.  
Witnesses: 
Thomas Costain, 
Patrick Cannel.    

In addition to my will made this day, I leave and 
bequeath to my DAUGHTER JANE GRAVES my concerns in 
Peeltown, lately purchased from JOSEPH CANNELL 
together with the sum of thirty pounds British and 
in case of her death before marriage or the age of 
twenty one years that the said legacy is to go and 
be applied in the same manner as the legacies left 
to the children of my present wife share and share 
alike.  
And my further will and desire is and I hereby 
direct my said SON JOHN THOMAS GRAVES to xxx and  
permit my BROTHER WILLIAM GRAVES to occupy and 
enjoy the house he at present lives in during his 
natural life, otherwise in default thereof I 
hereby leave and bequeath unto the said WILLIAM 
GRAVES the sum of three pounds three shillings 
British yearly and every year during his natural 
life as witness my subscription or mark this 
16th day of February 1797. 
[signed his mark] Henry Graves.    

AT A ECCLESIASTICAL COURT HOLDEN in the 
Court house in the Parish of Kirk Patrick 
on the first day of December in the year 
of our Lord one thousand seven hundred 
and ninety seven
Thomas Costain and Patrick Cannell the subscribing 
witnesses to the before going will and codicil 
deposed on the holy Evangelists that HENRY GRAVES 
the Testator when of sound and disposing mind, 
memory and understanding duly signed published and 
declared the xxx as and for his last will and 
testament and that they at his request did in his 
presence and likewise in the presence of each there 
subscribed their names as witnesses thereto.  
Whereupon ROBERT FARRANT Esquire and the REVEREND 
JOHN BRIDSON the guardians and executors in trust 
therein and thereby named and appointed were sworn 
to [return] into the Episcopal Registry a full true and 
perfect inventory and accounts sale of all the 
goods rights credits chattels and effects of the 
said Testator to pay all his just debts and 
legacies so far xxx as his goods and effects 
extend and the Law bind them to take care that 
his children under age sustain no injury in their 
person, tuition or education and to render a 
faithful and just account of their administration 
of his Estate when xxx to lawfully required had 
to these ends they have given pledges in form of 
Law namely JOHN BELL of Kinnaa of the Parish of 
Kirk German yeoman and THOMAS COSTAIN of Peeltown 
shop-keeper.    

TO THE REVD. EWAN CHRISTIAN VICAR GENERAL 
OF THE ISLE, 
THE  HUMBLE PETITION of JOHN BRIDSON 
& ROBERT FARRANT, 
Sheweth, 
that HENRY GAWNE of Peeltown merchant, departed 
this life on or about the 8th day of November 
Instant, and that previous to his decease he made 
his last will and testament in writing and thereof 
appraised your Petitioners executors in trust and 
guardians of his children; That the said deceased 
effects in a perishable condition and require 
immediate attention; 
Wherefore, your Petitioners humbly pray that 
Your Reverence will appoint xxx day to receive the 
probate of the said will and to swear them 
executors thereof and your Petitioners will pray etc.    

PEELTOWN 25TH NOVEMBER 1797, 
ORDERED that the before going Petition do come in 
to be heard at Ecclesiastical Court to be holden 
at the Court House in the Parish of KK Patrick, 
Friday next whereof all proper parties and persons 
to have due notice.    

BY VIRTUE OF THE AUTHROITY of the Revd. Evan Christian 
Vicar General, I have charged WILLIAM GRAVES, JUDY GRAVES, 
PATRICK CANNEL, AND THOMAS COSTEAN of Peel to appear 
before you Reverences in the vixxxrial house in KK Patrick 
on Friday next by ten o'clock in the forenoon to answer 
the suite of JOHN BRIDSON & ROBERT FARRANT.  
This I aver this 27 of November 1797, 
[signed] John Shimmin, Sumner of KK German.    

DEAR SIR, 
MR. WILLIAM LEECE OF THE TOWN OF xxx having some time 
ago informed me that xxx a demand against the Estate 
of the late HENRY GRAVES of the Town of Peel, and 
that through neglect he had omitted to take out a xxx 
from your Registry to establish the xxx demand; and 
that upon his lately appearing for a claim it was 
refused unless with the consent of one or both of the 
executors, I xxx therefore so far as it concerns me 
allow of xxx to grant said Mr. Leece a claim, and 
take no advantage of the lapse of time to deprive him 
of a just and fair demand.  
I am, Dear Sir, your affectionate brother, 
JOHN BRIDSON.  

Marown, July 29th, 1800.    
TO THE REVD. EVAN CHRISTIAN and JOHN COITTER[?] 
Receiver General of this Isle, 
The humble Petition of the Revd. JOHN BRIDSON 
and ROBERT FARRANT Executors in trust for the 
last will and testament of HENRY GRAVES late 
of Peel deceased; 
Sheweth, 
that sundry claims a very considerable amount 
have been entered and proved against the Estate 
of the said HENRY GRAVES and several foreign 
claims and xxx have been entered and still 
remain undisposed of; 
that your Petitioners have been and still are 
exerting their best xxx endeavors to bring 
the forward the settlement and discussion of 
the said claimers so remaining undetermined 
and to arrange and adjust the said Estate of 
the said Henry Graves but our Petitioners 
are unable to accomplish the same or to ascertain 
whether or not the said Estate will be 
insufficient to pay and satisfy the xxx of 
the debts due and xxx thereby; xxx xxx xxx 
principles several of thexxx of the Estate 
of the said Henry Graves are said xxx owing 
to enforce xxx judgments against your Petitioners; 
Wherefore, your Petitioners most humbly 
pray a xxx of this Petition at our next 
Consistory Court and that in the meantime 
the said orders or judgments granted 
against your Petitioners may be stayed 
and suspended and your Petitioners shall 
pray etc. etc etc.    

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 KK Michael on the last 
Thursday in the month of May next, and 
that in the meantime all orders, decrees 
or judgments of the Ecclesiastical Court 
against the Petitioners be stayed and 
suspended whereof all proper parties 
and persons to have due notice.  
Given at KK Patrick 23rd April 1799. 
[signed] Ev. Christian.    

AT A CONSISTORY COURT HOLDEN at Kirk Michael 
on the 30th day of May 1799: 
The before going Petition having come on to 
be heard in the presence of the petitioners 
attorney and also of the attorney of some 
of the principal creditors of the Estate of 
the said HENRY GRAVES and no sufficient 
reason appearing to the Court for suspending 
to a further period the distribution of 
the said Estate among the claimants, it is 
therefore hereby ordered adjudged and decreed 
that in case the effects of the said 
HENRY GRAVES are not sufficient for the 
full payment and satisfaction of his debts 
already claimed and proved, the Revd. Thomas 
Cubbon Archdeacon Register do forthwith 
ascertain penny pound[?] like the respective 
dividends of the Claimants who have 
established their claims against the estates 
of the said Henry Graves, and that the 
Petitioners do pay the said dividends upon 
their entering into a bond under a reasonable 
penalty to refund so much of the said estate 
will make all the Creditors thereof alike in 
case an more claims shall be entered and proved 
against the same.  
And it is likewise thereby further ordered 
adjudged and decreed, that in case the said 
effects are sufficient for the full payments 
of all xxx present claims established  
against the said xxx the Petitioners do 
forthwith pay the same upon the Claimants 
entering into a bond as aforesaid xxx this 
sub preesia juris with all fees. 
[signed] John Crellin.'