William Kennish, 1814

Note: Inventory not transcribed.

93      Maughold    Feb 15th 1814
The last will and testament of William Kennish of the Corrony in the parish
of KK Maughold published and declared on the Eleventh day of February 1814
being in perfect mind memory and understanding at the making thereof.
He left and bequeathed to his son William two shilling and six pence.
To his daughter Anne his wearing apparel and a small plot of land lying
eastward off the road leading to Douglas part of the Corrony aforesaid
situate in KK Maughold.
To his granddaughter Catharine Radcliffe the sum of fifty pounds and if she
should happen to die without issue the said legacy to revert to the next of
kin. 
And nominated constituted and appoint his son in law Charles Kissack
executor in final of his last will and testament and to pay his debts so far
as his effects will extend and in case his effects amount to more than a
sufficiency to pay each his debts then in that case the surplusage or
balance to become the property of Catharine Clark, Anne Skealy, and Mary
Kennish his three daughters in equal and joint proportions share and share
alike but Charles Kissack and wife to have no part dividend or proportion of
the said surplusage.  And half a crown each to the witnesses of this will.
Witnesses:
William Corlett
John Looney   Jur
A
KK Maughold the 1st Apr 1814
Between Charles Kissack petitioner and Wm Kennish Deft
Exhibited to Wm Corlett and witness John Looney produced in the above cause
on behalf of the petitioner marked with the letter A so certified   Thomas
Cubbon


At a Consistorial Court holden at Ramsey April the 28th 1814:
Charles Kissack the executor in trust named in the beforegoing nonrecupative
will is pursuant to the courts judgement and decreed of equal date herewith
and his petitioner sworn executor of the said will in form of law and hath
given pledges for the payments of debts and legacies namely William Kneen
and Wm Corlett one of the witnesses of the will.  Also to return to the
Archdeacons Registry a full true and perfect inventory of the personal
estate of the deceadant.
Decretum est Probtaum est    Thomas Cubbon.
Claims against the estate not listed.
The humble petition of Chas Kissack of the town of Ramsey
Humbly Sheweth:  That your petitioner is son in law to William Kennish
senior of the Corraney late deceased departed this life on or about the 19th
Febr inst and did before his death nominate constituted and appoint your
petitioner to be the whole and sole executor of the effects of which he was
possessed at his decease and to pay all debts and legacies according to law
as by the said will may more fully and at large appear.
That there is cattle, corn, and several other goods remaining on the estate
of the Corraney which are in a perishing condition and in a manner at
present going to ruin for want of care.
Wherefore your petitioner prays a hearing of the petition and to take your
petitioners case into consideration and upon good and sufficient proof to
the said will and your petitioner may be sworn in executor according to law
whereby the said effects may be saved from perishing and yields as much as
possible to the goods of the creditors and all persons concerned and your
petitioner will pray.
Ordered that this petition do come on to be heard at an Eccl Court to be
holden at KK Maughold on Friday the 4th of March next when all proper
parties and persons to have due notice.  Given at KK Maughold this 28th Feb
1814.  Thomas Cubbon.
Between Thos Skeally the plaintiff and Charles Kissack executor of Wm
Kennish deceased  Deft
In the Eccl Court depositions of witnesses taken in the part of the
Plaintiff of Ramsey on the 16th of Feb 1815.
Margaret Callow of the parish of KK Maughold being sworn and examined
deponeth and saith that she knows the parties in this cause and also knew Wm
Kennish deceased.  That the deponent recollects some time previous to the
death of Wm Kennish and in his last illness the said deceadent requested the
deponent to send a messenger to the house of the plaintiffs to tell the
plaintiff Anne that he wished to see her
that she sent a messenger accordingly to the house of the plaintiffs and
that the plaintiffs both of them did in consequence of such message come to
the deceadents house soon afterward.  That the deponent understood from  the
plaintiffs Anne that she has got a coat from her father and this occasion
which she took home with her.  The dept also recollects that some time
afterward in the same week that the plaintiff Anne was at the house where
the deceadent lived when the said plaintiffs informed the dept or coming out
of the room whose the deceadent was that she had  got something from him
that would do her good that she was said that her sister and brother in law
had seen her giving it to her meaning as the dept understood some property
that the plaintiffs Anne mentioned particularly that the property she got on
that occasion was a pocket book containing a note of thirty pounds which
Charles Kissack the def t was to pay her father that some time afterward in
the course of the same evening the plaintiff Anne came out of the decedent's
room and complained that she was afraid to remain with her father all night
as her two sisters and the dept were enraged against her and checking her
about the pocket book and asked is she could get any person to sit with them
meaning the dept and dept all night that after the deponent had sent for the
plaintiff Anne to come and visit her father as before mentioned the  deft
Kissacks wife found great  fault with the dept and seemed very angry that
she had been sent for and the dept has often heard the deceadent say that
she was more partial to his daughter Anne then to any of the next of his
children and that he intended to provide better for her than for any of the
rest.
Being cross examined saith that she never head anything from the deceadent
himself relative to the pocket book containing the thirty pounds as
mentioned aforesaid that all she heard about it was from the plaintiff Anne
herself.   Mary Callow my mark x
Catherine Clark of Jurby being sworn and examined deponeth and saith that
she knows the parties in this cause and also know Wm Kennish in the
pleadings named who was the dept's father.  That some short time before the
death of her father that the dept received intelligence that her father was
very ill  in (   ) examination of which she went to the house of the deft
Charles Kissack when her father then resided and found him ill.  That in
conversation there with her sister Mary she, the said Mary, informed the
dept that some very short time previous to the death of the deceadent she
the said Mary had a conversation with her father relative to a pocket book
which she said was missing.  That she told the dept that the said Mary asked
her father it if was Skeally's wife had it that the deceadent was a long
time silent before he gave any answer and answered more likely it was.
Whereupon the said Mary was displeased with the decedent and spoke
unpleasingly to her on which the decedent then observed that she might not
to speak so sharply to him, that she the said Skeally's wife had not taken
in the pocket book but that he had given it to her.  That the said Mary
thereupon asked the decedent was she to give the pocket book back again and
why did he give it to her to which the deceadent replied he had no doubt but
that she would give him a fair account of it when he the decedent should
demand it.  That this discourse was brought on by the said Mary informing
her that she was requested by the defendent Kissack and his wife to make
such inquiry of the said father respecting the said pocket book.  The dept
also says that she has often heard her father say that he intended to make a
better provision for the plaintiff Ann than for any of the other children.
And it also appeared to her that she was always particularly affectionate
and attentive to her father.
Being cross examined saith that during the last illness of her father she
deponent resided in Jurby.  That the deponent saith that what she heard
relative to the pocket book and so mentioned in the examination in chief was
told her by her sister Mary that the deponent cannot take upon her to say
that her sister Anne is left better than any of the rest of the children
until the promissory note in -------- be ascertained to be her right and the
deponent recollects having been present when the heir at law of the
deceadent and the defendants were disputing with the plaintiffs Anne
respecting the said pocket book and promissory note.  That upon that
occasion the plaintiff offered to give up the said pocket book and note
provided they would confirm a bequest if a piece of land  and house in
favour of the plaintiff contained in the last will and testament of her
deceased father which they declined and refused to do.
Catherine Clark my mark X
Taken and sworn before me Henry Maddrell AR