| Robert Heywood, 1808 |
|
| Submitted by: | Robert Peel |
| Date: | 24 May 2003 |
| Original: | LDS: 0106411 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
To the Reverend Thomas Cubbon Clerk of the Vicar General of the Isle
of Mann &c.a
The Humble petition of Captain Calcott Heywood of the Town of
Douglas.
That Robert Heywood of the said Town – Esquire, your petitioner's
Father lately departed this Life, having duly made and published his last Will
and Testament and appointed your petitioner Executor thereof
That for the better management of the Affairs and Estate of the
Testator your petitioner finds it will be necessary for him to be cloathed with
powers to advance the said Will, so soon as conveniently can be._
Wherefore you petitioner prays that your Reverence will be pleased to
order this petition to be heard before you so soon as convenient and that
probate may be granted to the said Will and your petitioner in usual manner
cloathed with full powers to act under the same
And your petitioner will pray &c.a
Douglas 14th. Sept. 1808 Calcott Heywood
Ordered that this Petition do come to be heard at an Ecclesiastical Court to be
holden in Douglas on Wednesday the 21st. Instant whereof all proper parties
to have due notice
Given at ………………this 17th. Sept 1808
Thos Cubbon
Douglas ..
This is the Last Will and Testament of me Robert Heywood of Douglas, made
& published by me the Eleventh day of January in the Year of our Lord One
thousand Eight Hundred and Eight, Whereby I revoke and make void all
former Wills by me at any time made,
And first I do leave & bequeath to my Son Calcott Heywood my
Brewery commonly called the How Brewery with the Warehouse adjoining to
Mr. Holmes's Fishhouse with all the Lands & buildings thereunto adjoining
and to me belonging being part of the Nunnery How with the quit or ground
rents growing & arising from & out of the same, as well as the rents arising
from those parts not yet built upon, also that small Meadow which I purchased
from the Rev.d Cha.s Crebbin laying near Ballabrewey, Also that small plot of
ground which I purchased from the late Mr. Hugh Cosnahan & whereon I have
built a Stable & Chaise house, Also that small Garden which I purchased
from Mr. John Gelling shopkeeper in this Town and which now makes a part
of the tower Garden belonging to the House I now dwell in, also those Houses
which I built, & are now in the occupation of John Quayle Ann Betham &
Tho.s Hampton as Tenants at Will, but it is my Will that my Son Calcott
Heywood shall not possess these premises / save & except the small garden
purchased from John Gelling / untill all my debts & Legacys are fully paid
secured and satisfied, I also leave to my Son Calcott Heywood all those
Lands now in my own occupation being part of the Estates of Glencruttery &
Bemaughague – bounding by CronkEberry on the North & by the High road
leading from Cronknemona on the East and runing along that road as a
boundary untill it comes to the end of the road on the sand above the Tannery
& ending there at the Boundary between the Duke of Athols Lands & these
Lands and thence Westward untill it comes to the Sands / I purchased / being
part of the Estate of Ballaquail & now in the occupation of W.m Canon & John
Cross Tenants upon Lease & bounding with the Duke of Athol on the South &
West untill it comes to the Highway & thence along the Highroad West &
North untill it comes to K…. Esq BallanerdsLand, Watterson Tramodes Land,
& CronkEberry to the road at Cronk neMona, these bounds take in all the
Lands in the occupation of Cannon & Cross as well as the Lands in my own
occupation and are so intended to be given to him, but it is my Will that the
Brewery & all the property upon the How as well as the Rents becom… due
from Cannon & Crosses Farms shall not be possessed by my Son Calcott
untill my debts and Legacys – hereinafter named shall be secured paid &
satisfied but the Lands in my own occupation he is to possess on the twelth
day of November next after my Decease
I give and bequeath to my Son John Jos. Heywood all those Lands being part
of the Estate of Bemaghagu.. and now in the holding of And.w Levingston &
John Cloke upon Lease, also all those Lands being part of the Estate of
Glencruttery & now in the occupation and holding of W.m Shimmin upon
Lease, also all that plantation which I made upon the upperside of the
Bemaghague old Meadow, and also that part now remaining of the Mill that
was burnt near the shore the ground upon which it was built being purchased
by me from John Stowel and W.m Callow late of Douglas, also the House
called the Millars house now in the occupation of Tenants upon Lease with
the Field on the top of the brow commonly called the Millars field being part of
the Estate of Glencruttery and now in the occupation of Tho.s Cottier upon
Lease, Also that Garden & Brow laying between the old Mill & the House &
Garden now in the occupation of Phi: Cannel at Will with the whole of the
Brows from the Hague boundary to Matt: Taggarts purchase at the end of the
road whereon a House is built by a Mr. Heaps taking into these Brows the
Tannery my own Houses and the quit or ground rents arrising or growing from
the Sales made thereon or any part thereof including the Tannery Garden &
Phi: Cannells Croft & Garden, Also that impropriate Glebe at KK Conchan
Church and which I acquired from the Duke of Athol by an exchange of
Lands, Also that Barn & Cowhouse adjoining the Tannery with the open or
back ground behind to the …. & bounding to the East with Quines purchase,
And it is my Will that the road leading from the Sand the entry to which begins
at the Gable of Mr. Heaps's House shall be the boundary between the lands
of Calcott Heywood and John Joseph Heywood, that is to say from Heap's
house along the road up the Hill as it now stands untill it comes to the small
houses on the Ramsey road – commonly called Quilleash's house thence
over the Bridge & by the entrance of the lane leading to Bemaghague House
and thence on as the road goes out at CronknaMona, that is to say all the
Lands laying West & North of this road as described, is hereby meant &
intended to be the property of Calcott Heywood, and all the Lands &
plantations laying East & South of this road is hereby meant & intended to be
the property of John Jos: Heywood as herein before described – the Road
herein marked from the Sand as far as the Gate at Quilleash's house being a
private road made by myself for the benefit of my Lands it is left equally
between them for that I purpose & that none other shall make use of it without
the consent of each party except their Tenants
And whereas I have some time back granted a Security upon this
Estate of Bemahague to Ann Betham for the payment of Eighty Pounds
English Yearly upon the first day of January in each & every Year during her
natural Life. It is my Will therefore that my Son John Jos: Heywood shall not
wholly pay this Annually out of the Lands bequeathed him but that it shall be
wholly paid by my Ex.r hereinafter named that year that shall become due
next after my Decease, thenever after to be paid equally between my two
Sons Calcott Heywood & John J Heywood from and out of the Lands now
bequeathed them
And whereas my first Wife Margaret did by her Last Will duly published
leave to her two Daughters namely Hester & Margaret One hundred & fifty
Pounds to be paid to them by her son Tho: Heywood now deceased upon
certain conditions in said Will dated this 19th. day of March 1785, and whereas
my Son Thomas departed this Life without paying that Legacy & whereas my
Daughter Hester departed this Life without receiving or disposing of her
property & whereas my Son Calcott has succeeded to the Ballakermeen
Estate as Heir at Law to his Bro. Tho: Deceased, And whereas my Daughter
Marg. Thomson has not rec.d any part of the above named Legacys,
excepting, that I have already advanced & given her as a Marriage portion
Fifteen Hundred Pounds my Will is that these Legacys shall cease &
determine & be considered as paid & satisfied in the Legacy I now bequeath
to my said Daughter Marg.t Thomson of One Thousand Pounds Eng.sh which
Legacy is to be paid to her as soon after my debts & other Legacys are
satisfied, hereafter named to my other Daughters & can be saved from the
Rents already destined for such purposes My Son Calcott remaining
exonerated & discharged from any claim or demand to made upon him by my
Daughter Marg.t on that acc.
I leave & bequeath to my two Daughters Jane Heywood & Elizabeth
Heywood Five Thousand Pounds English equally between them which sum is
to be kept at ….. untill they severally arrive at the age of Twenty one Years
but allowing such sum annually for their necessary expenses and
Maintenance as may be consider'd proper & necessary by the Trustees
herinafter named untill they arrive at the Age of Twenty Years then the whole
Amt. Shall be at their own disposal, but it is my Will that if it shou'd please
God to take himself either of these my two Daughters Jane or Elizabeth
before the Age of Twenty one Years and unmarried, then it is my Will that a
Sum of Two Thousand Five hundred Pounds being her share or Moiety of the
Five Thousand Pounds so bequeathed shall be divided between John Joseph
Heywood Marg.t Thomson the survivor of Jane or Elizabeth & if the said
Marg.t Thomson should not then be living it is my Will that her share shall go
among her Children share and share alike
And, for this better and more certain accommodation of my Daughters
Jane & Elizabeth at this time of my Decease It is my Will that they be paid
One Hundred Pounds English by my Ex.s hereinafter named as a fund to go
upon untill the Int. of their Fortunes shall become due, but this sum is not to
be taken or consider'd as a part or connected with the Five Thousand Pounds
already Willed to them
And it is my further Will that my Trustees herinafter named will if it is
found necessary or that my Daughters Jane & Elizabeth shou'd incline or
desire to live apart or by themselves, furnish at the immediate expence of my
Ex.r herinafter named one Kitchin one Parlour Two Bed Rooms and two
Servants Rooms in a suitable manner in any House they may think proper to
Hire or rent, either from the House I now dwell in or new Furniture as can be
agreed upon between the Trustees & my Ex.r the Houses to be taken at the
discression of my Daughters as they will have to pay the Rent and for that &
other reasons it is my Will that the Int.s upon their Fortunes shall begin to
grow from the Twelth day of May next prior to my Decease shou'd that
happen any time before the twelth day of November, or shou'd it happen any
time after or between November & May following then the Int.s to them is to
be calculated from the twelth of Nov.r prior to my Decease
I leave to my old Servant Thomas Wood Ten Pounds Eng.sh to be paid
him by my Ex.r half Yearly during his natural Life having found him while in my
Service fathful and honest & it is my desire that he be provided with a Cottage
as long as he chooses to remain on either of the Estates he being paid &
satisfied for his trouble & superintendance over the Gardens & plantations as
long as he is able, and this allowance to commence on the 12th. day of Nov.r
next after my Decease
I hereby do nominate Constitute and appoint John Lace Esq.r Rich.d
Symons & Sam.l Thomson Esq.r with my Son Calcott Heywood Guardians
and Trustees of and for my Younger Children and to see this Will fulfilled.
It is my Will & desire that I be buried privately in the Vault in KK
Conchan Church Yard and there be laid by the side of my late Wife Elizabeth
and that the said Vault or burying place be and remain a Burial place for all
and every of my Descendan… for ever, and to none other upon any pretence
whatsoever
And I do nominate constitute and appoint my Son Calcott Heywood
whole & sole Ex.r of this my Will, In Testimony whereof I have to this my Will
set my Hand the Day and Year first before written
Rob.t Heywood
Signed Published and declared by the said Robert Heywood, the Testator as
and for his Last Will & Testament in presence of us.
John Corkill Robt Cowley
Having found it necessary to give some further explanation to parts of
my Will, I have thought proper to add the following Codicil thereto, I have
order'd on that Will that the Boundary between the Lands Devised to my Two
Sons shall be the Highroad running from CronkneMona through my Lands to
the Land at Heap's House and I have left to my Son John Jos.h Heywood /
with other Lands / that parcel now in the occupation of Hugh Shimmin upon
Lease, but having consider'd that a small part / in Shimmins occupation / of
the brow or Bank above or West by North of that Road boundary is
bequeathed by me to my Son Calcott Heywood, it is my Will & my full
intention that the whole of W.m Shimmins Rent during his Lease shall be the
property of John Jos: Heywood without any deduction for that part, but upon
Shimmins Lease expiring then that part of the Brow to be the property &
possessed by my son Calcott.
I have also directed that my Son Calcott should possess on the 12th.
day of November next after my Decease all the Lands in my own immediate
occupation, & having reserved the Rents of parts towards paying Debts and
Legacys, but not having mentioned any thing in my Will concerning the rent
payable by John Cloke of £63 Annuity and the Rent of £12. 12. Payable by
Cowley Corlett & Taggart all upon Lease, at the these Lands are by my Will to
be the property of my Son Calcott & considering & hoping that these rents
may be spared from the general Fund provided for the payment of Debts and
Legacys I do hereby declare it is my Will that those Rents shall be the
property of my Son Calcott from the 1/12 day of November next after my
Decease
I leave to W.m Christian an old honest and faithful Serv.t Five Pounds
Eng.sh Annually to be paid him by my Ex.r half Yearly during his natural Life
I leave to John Cowley an old Serv.t if he remains in my service to the
time of my Decease Five Pounds Eng.sh And I do hereby declare that if I
shou'd at any time hereafter sell or Lett any of the Lands now in my won
occupation that the rents arriving thereout are to be the immediate property of
my Son & Ex.r Calcott Heywood. In Testimony whereof I have hereunto set
my Hand this Twenty first day of January 1808. Robt. Heywood
Signed Published and Declared by the said Robert Heywood the Testator as
& for a Codicil to his Will the 21st. Jan.y 1808 John Corkill Robt. Cowley
At an Ecclesiastical Court holden at Douglass 21st. Sept. 1808 –
John Corlett & Robert Cowley deposed on the holy Evangelists that the
Testator Robert Heywood was of sound & disposing mind memory &
understanding when he declared the beforegoing paper writen to be his last
Will & Testament, & signed the same in their presence whereof on the
Executor is sworn in Court in form of Law, as also Trustee & Guardian over
the younger children pursuant to the will, ….. given Pledges for the payment
of Debts and Legacies namely the Honble Deemster Lace, Richard Symons
Esqr, the said Honble Deemster Lace, Richard Symons & Samuel Thompson
Esqr. Are also sworn Trustees & Guardians of & for the younger children & to
see this will duly fulfilled
Probatum ….
Tho Cubbon
1809
Ap.l 27th. John Taubman Esqr. Claims Brit £500,, 0,,0
June 10th. Senhouse Wilson Esq.r in behalf of himself Do. - 300,, 0,,0
and the other Cr.s of Col.l. Cha.s Small
July 19th. Robert Cowley Do. - 60,, 0,,0
20th W.m Cowley Do. - 170,,11,,0
Aug.st 31st. Samuel Quayle & W.m Quayle Do. - 400,, 0,,0
1810
Sept.r 20th. Lewis Geneste Do. - 40,,0,,0