Robert Kerruish, 1846

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     Maughold
In the name of God Amen,
I Robert Kerruish of Cardle Voire in the parish of Maughold being of
sound mind and memory and understanding do declare this my last will
and testament.  I commit my soul into the hands of Almighty God who
gave it hoping in a glorious resurrection through the merits of our Lord
and Saviour Jesus Christ and my body to a Christian burial at the discretion
of my executor herein after named.
I leave and bequeath unto my oldest daughter Elizabeth Joughin,  wife of
Daniel Joughin,  the sum of five shilling she having been abundantly
provided for.
I leave and bequeath unto my daughter Catherine Kermeen the sum of five
shillings she having been abundantly provided for.
I leave and bequeath unto my daughter Margaret Kerruish the sum of five
shilling she having of one hundred pounds British payable to her at the
age of twenty years.
I leave unto my daughter Jane the sum of one hundred pounds British payable
unto her at the age of twenty years.
I leave and bequeath unto my daughter Ann Kerruish the sum of one hundred
pounds British payable to her at the age of twenty one years.
I leave and bequeath unto my son John Kerruish the sum of one hundred pounds
British when he comes to the age of twenty one years.
I leave and bequeath unto my son Edward Phillip Kerruish the sum of one
hundred pounds British payable to him at the age of twenty one years of age.
All the aforesaid legacies to be paid by my executor
And it is my will and I hereby order and direct that in case of the death
of any of my said children namely Jane, Ann, John, Robert, and Edward
Phillip before they arrive at the age of twenty years and without lawful
issue then and in such case my executor is to pay over the legacy as such as
them so dying to the survivors of my said children and in case of any
of them dying as aforesaid and leaving issue lawfully begotten then the
legacy of such of them to be paid to such issue.
I leave and bequeath to my beloved wife Margaret Kerruish all my
household furniture and goods of every description now in the dwelling house
where we now reside and in case of the death of my said wife
before my said children severally arrive at the age of twenty years as
aforesaid then and in that case it is my will and desire and I hereby
order and direct my executor herein after mentioned to find such of said
children as may be under twenty years of age at the death of said mother in
decent board lodging schooling and clothing until they severally
become of age to demand their legacies aforesaid.
And lastly I hereby nominate and appoint my eldest son and heir at law
Thomas Kerruish sole executor and residuary legatee of all the rest of
my chattels and effects of every description not herein before disposed
of.
In witness whereof I the Robert Kerruish have hereunto subscribed my name
and mark this the 16th day of August 1836.
Robert Kerruish
Executed in presence of
William Kerruish
John Kneale

At a Chapter Court holden in Ramsey 30th Oct 1846
The executor is sworn in court in form of law and hath given pledges for the
payment of debts and legacies namely William Kerruish of Bwooilley velt and
William Callow of Cardal Veg both in the parish of Maughold.
                Probatum est   T.A. Corlett
				

Exchequer Book 1848
To His Worship Thos A. Corlett Vicar General.
The humble petition of appeal of Thomas Kerruish executor of Robert Kerruish
of Cardal Voar in the parish of Maughold
Sheweth That your petitioner feels himself aggrieved by your worship's
judgment made in a cause wherein John Kelly and Jane Kelly otherwise
Kerruish his wife were petitioners and your petitioner in his capacity
aforesaid defendant and bearing date the 30 March 1848 and petitioner is
therefore desirous to appeal from the said judgment to the honor the Staff
of Government for redress in the premises
Wherefore your petitioner prays your worship's acceptance of this his appeal
in the premises in form of law and petitioner will pray.  F.
LaMothe for petr

This appeal is accepted on condition that the appellant do with all
convenient speed enter into a bond at the Rolls Office in the sum of ten
pounds to our Sovereign Lady the Queen with one sufficient security that
he shall and will prosecute the  same with effect and according to law
and that in case the judgment appealed from be affirmed that he will
pay all such costs as may be awarded.
Given this 10th April 1848       T. A. Corlett

Know all men by these presents that Thomas Kerruish the appellant and Thomas
Evans Sowell of Castletown druggist as surity for the said
appeal are held and firmly bound unto our Sovereign Lady the Queen in the
penal sum of ten pounds.   To the payment whereof well and truly to be made
unto our said Lady the Queen her heirs  or successors or certain attorney
they bind and oblige themselves their heirs executors and administrators
jointly and severally firmly by these presents.  As
witness their subscriptions this 12 day of  April 1848

The Condition of the foregoing bond or obligation is such that he  the
appellant shall and will prosecute the said appeal with effect and
according to law and that in case the judgment appealed from be affirmed
that he will pay all such costs as may be awarded then the said Bond or
obligation to be void, otherwise to be and remain in full force and virtue.
Thomas Kerruish
Thomas E. Stowell
Witnessed by Jas Kewley

At a Court holden at Castle Rushen the 4th May 1848
Upon hearing this appeal in presence of parties or their advocates and upon
reading the last will and testament of Robert Kerruish deceased
with probate thereon dated the 30 Oct 1846 and the judgment appealed from
dated the 30 March 1848 and upon consideration had thereof and of what was
otherwise pleaded offered argued and alleged on behalf of the parties
respectively.
This court is of opinion that the said judgment ought to be affirmed and
this appeal dismissed and the same is hereby dismissed with costs to be
taxed
Charles Hope

The humble petition of Matthias Creer and Margaret Creer otherwise Kerruish
his wife.
Sheweth: That petitioners some time since brought their suit before your
worship against Thomas Kerruish executor of the last will and
testament of Robert Kerruish deceased for recovery of the sum of one hundred
pounds and five shillings amount of a legacy bequeathed to the petitioner
Margaret by the will of her father the said Robert Kerruish deceased with
interest thereon from the 17 Feb 1846 to the day of the death of the said
testator.
That the said suit was heard before your worship on the 24th day of June last
when your worship was pleased to dismiss the same.
That petitioners feel aggrieved by your worship's said judgment and are
advised to appeal there from to the staff of Government.
Wherefore petitioners pray your worship acceptance of their appeal according
to law and they will pray
 George W. Dumbell for petrs
 
This appeal is accepted provided the  appellant Matthias with two good
and sufficient securities enter into a bond in the Rolls Office in the penal
sum of Ten pounds that the appellants shall prosecute their appeal and that
in case the same be dismissed or not prosecuted that they shall and will pay
all such costs as may be awarded against them.
Given this 24 Dec 1847                T. A. Corlett

Know all men by these presents that I Matthias Creer the appellant
before named and we John Kelly of the parish  of Braddan and Richard Clucas
of Patrick as securities for the said appellant are held and firmly bound
unto our Sovereign Lady the Queen in the penal sum of ten pounds - To the
payment whereof well and  truly to be made unto our said Lady the Queen her
heirs successors or certain attorney we bind and oblige ourselves our heirs
executors and administrators jointly and severally firmly by these presents
as witness our subscriptions this 20 day of January 1848.

The condition of the foregoing bond is such that if the appellants
Matthias Creer and Margaret Creer otherwise Kerruish his wife shall
prosecute this their appeal with effect and according to law and in case the
same be dismissed or not prosecuted that they shall and will pay all such
costs as may be awarded against them then the foregoing bond or obligation
to be void, otherwise to be and remain in full force and virtue. Matts Creer
John Kelly
Richd Clucas
Witnessed by H. S. Kewley

At a court holden at Castle Rushen the 4th May 1848
Upon hearing this appeal in presence of parties or their advocates and upon
reading the last will and testament of Robert Kerruish deceased
with probate thereon dated the 30th October 1846 and the judgment appealed
from dated the 24 June 1847 and upon consideration had
thereof and of what was otherwise pleaded offered argued and alleged
on behalf of the parties respectively This court is of opinion that the
said judgment ought to be reversed and that the respondent ought to pay to
the appellants the sum of one hundred pounds and five shillings being
legacies bequeathed to the appeal Margaret Creer otherwise Kerruish in and
by the said will. It is therefore hereby ordered and decreed that the
respondent Thomas Kerruish as executor of the last will and testament
of the said Robert Kerruish deceased do forthwith pay unto or for the use of
the appellants the  said sum of one hundred pounds and five shillings with
interest thereon at the rate of four per cent per annum form the 17 Oct 1846
until paid.
Charles Hope

1848 June 23rd Received the sum of one hundred seven pounds five shillings
eleven pence half being the amount and interest up to 23 June instant.
Thomas Mylechreest Court of Garff Sheading.
3 Jul 1848
Presented by Danl Christian Sumner General
That by virtue of Vicar General Corlett's order dated 31st March last
past he demanded of Thomas Kerruish the sum of one hundred and thirty three
pounds six shillings and eight pence British with interest from
17th Oct 1846 till paid with 5/3 fees to and for the use of John Kelly and
Jane his wife.
But he did not pay the same.
Therefore for his contempt, stands in mercy of a fine.
Examined by M. H. Quayle
A constable is awarded hereon      Charles Hope
Rec's cost of contempt &poun1 1 shillings Feb 12 1848 received the same by
Thos Moore constable.

Edward Philip Kerruish rec'd £146 8 shilling and 11 pence as his
legacy.
John Robert Kerruish £100 with interest as legacy.
Also rec'd £33 6 shillings 8 pence with interest thereon being my one
third part of a legacy also bequeathed to Ann Kerruish in and by the will of
the said Robert Kerruish