Thomas Kaye, 1862

Patrick
1862
No 104

To his Worships Richard Gell Esquire Area General within this Isle.

The humble petition of Thomas Kaye of Ball Glonney in the parish of Patrick.

Sheweth:
That Thomas Kaye of Balla Glonney in the parish of Patrick your petitioners father lately departed 
this life intestate leaving your petitioners John Kaye and Henry Kaye who are off this Island 
Elizabeth Kaye, Catharine Kaye, Sarah Kaye, Evan Kaye, William Kaye and Philip Kaye who are 
minors his children and next of kin.
That previous to the decease of the said Thomas Kaye by deed by him duly executed he sold and 
conveyed the whole of his personal estate amongst other things to his brother Henry Kaye in trust 
that he will pay and discharge his just debts and funeral expenses and for other purposes as by 
reference to the said deed duly executed dated the 1st October 1862 doth appear.

That it is necessary that the administration to the Estate of the said Thomas Kaye should be granted 
and your petitioner humbly submits that the said Henry Kaye is a fit and proper person to 
administer thereto.

Wherefore your petitioner prays that administration of the estate of the said Thomas Kaye may be 
granted by your Worship to the said Henry Kaye and such to other fit and proper person as to your 
Worship may seem needs and petitioner will pray to.
Signed  ? Kelly

Ordered that this petition do come on to be heard at an Ecclesiastical Court to be holden in Douglas 
on Friday the 14th day of November instant whereof all proper parties are to have notice.  Given at 
Douglas this 14th day of November 1862.
 Signed  R. Gell

At an Ecclesiastical Court held in Douglas the 14th November 1862.

Upon hearing the petition in presence of the parties or their Advocate and upon consideration had 
thereof and of a certain Voluntary Deed granted by Thomas Kaye deceased in the petition named to 
Henry Kaye bearing date the 1st of October 1862.  Whereby he granted and conveyed certain 
personal Estate and Effects of him the said deceased to and in favour of the said Henry Kaye I am 
therefore of opinion that administration of all and singular the Good Rights ? Chattels and Effects of 
this said Thomas Kaye deceased with a certified copy of the said Deed annexed ought to be granted 
to and in favour of the said Henry Kaye.  He the said Henry Kaye is therefore appointed administer 
of the estate of the said Thomas Kaye deceased and is sworn well and truly to administer the goods 
and effects of the said Thomas Kaye deceased with a certified copy of the said Deed annexed 
according to Law to pay all just debts legacies and funeral expenses of the said deceased so far forth 
as the goods will extend and the Law bind him and to return a true and faithful inventory of the 
same with an accurate account of his acts and proceedings in the promise to the Episcopal Registry 
of this Diocese where thereunto lawfully required and to these ends he hath given pledges namely 
Thomas Kaye and Philip Quane who have entered into and executed the usual Bond in presence of 
the Court.
? Est.
Signed:  R. Gell

Whereas the Ecclesiastical Court of the Diocese hath this day granted administration of all and 
singular the goods and effects of Thomas Kaye deceased, to Henry Kaye.

And whereas Thomas Kaye of Ballalonna in the parish of Patrick and Philip Quane of Ballachrink 
in the parish of Patrick have agreed to become pledges for the said Henry Kaye for the due 
administration of the said estate according to Law.

Therefore know all men by these presents, that we, the said Thomas Kaye and Philip Quane hereby 
bind and oblige ourselves and our executors and administrators as pledges for the said Henry Kaye 
for the due and faithful administration of the goods and effects of the said deceased according to 
Law.  And in this default we bind ourselves and our executors and administrators to be answerable 
to all parties interested in the said estate, or the administration thereof.

Witness our subscriptions this 14th day of November 1862.
At an Ecclesiastical Court held at Douglas the 14th day of November 1862.
Thomas Kaye
Philip Quane
Taken before me:  R. Gell

This indenture made and entered into by and between Thomas Kaye of Ballalhonney in the parish 
of Patrick of the one part and Henry Kaye of the same place of the other part witnesseth that the aid 
Thomas Kaye for and inconsideration of the sum of five shillings to him paid by the said Henry 
Kaye the receipt whereof is hereby acknowledged in consideration of the trusts and conditions 
hereinafter mentioned to be performed and fulfilled by the said Henry Kaye and his heirs and 
assigns hath, given, granted, sold and settled and by these presents doth, given, grant, sell and settle 
? and upon the said Henry Kaye his heirs and assigns all and singular that moiety of the quarterland 
of Ballahonna of the Cronk Moar situate in the said Parish of Patrick at present in the possession of 
the said Thomas Kaye – to have and to hold the said moiety of the said quarterland with its intack 
easements, ways waters and appurtenances thereunto belonging or in anywise appertaining unto the 
said Henry Kaye his heirs and assigns in trust and confidence that he and they shall and will suffer 
and permit the said Thomas Kaye to hold, use occupy and enjoy the said estate with the rents, issues 
and profits thereof for and during his natural life – and upon his decease in trust that the said Henry 
Kaye his heirs and assigns shall enter into possession of the said estate and from time to time let the 
same for the best and most approved rents until the youngest surviving child of the said Thomas 
Kaye shall attain the age of twenty one years and shall and will after deducting his or their 
necessary expenses apply the said rents in maintaining, clothing, educating and apprenticing to 
tradesmen the four younger children of the aid Thomas Kaye until they respectively attain the age 
of twenty one years at which period the support shall cease and determine – And in further trust that 
the said Henry Kaye his heirs and assigns shall upon the decease of the said Thomas Kaye sell and 
dispose of the stock, crop and farming implements upon the said property and apply the proceeds 
thereof after deducting the necessary expenses in liquidation of the just debts and funeral expenses 
of the said Thomas Kaye and should the proceeds of such sale be insufficient to discharge the 
lawful outstanding debts of the said Thomas Kaye the said Henry Kaye his heirs and assigns shall 
borrow by way of mortgage or security upon the hereby sold land and premises such sum or sums 
of money as shall be sufficient to discharge the said debts and such sum or sums so borrowed shall 
with the interest and charges attendant thereon be a good ? and charge upon the said estate, lands 
and premises and the said Henry Kaye his heirs and assigns shall from time to time as occasion may 
require alter and change the mortgages so as to reduce the interest upon the present incumbrances 
affecting the said estate or of such mortgage as may be necessary to discharge the common debts of 
the said Thomas Kaye – Provided always the annual interest arising on the said incumbrances be 
regularly paid and discharged out of the rental of the said estate and the balance of such rents 
applied as hereinafter directed – And in further trust and confidence that the said Henry Kaye his 
heirs and assigns shall and will upon the youngest surviving child of the said Thomas Kaye 
attaining the age of twenty one years by a good land sufficient deed in writing sell and convey to 
and settle and conform upon the heir at Law of the said Thomas Kaye the whole of the hereby 
granted and sold estate and premises such heir at Law of the said Thomas Kaye nevertheless paying 
or securing to be paid unto Elizabeth Kaye, Catharine Kaye and Sarah Kaye the daughters of the 
said Thomas Kaye or unto such of his said daughters as shall be living at the time of the youngest 
child of him the said Thomas Kaye attaining the age of twenty one years the sum of thirty pounds 
each respectively provided always that if the heir at Law of the said Thomas Kaye shall at anytime 
after the decease of the said Thomas Kaye agree to carry out the provisions of this deed and 
faithfully to discharge and execute the various trusts hereby created the said Henry Kaye may if he 
shall think proper convey the said estate land and premises to such heirs at Law subject to the trusts 
hereunto declared of the same upon the heir at Law of the said Thomas Kaye executing a proper and 
sufficient deed in writing and declaration of trust undertaking to carry out and faithfully heir at Law 
upon the execution of such declaration of trust and undertaking  aforesaid shall thereon become 
trustee in the place room and stead of the said Henry Kaye his heirs and assigns and the said Henry 
Kaye shall thereon be paid exonerated and discharged from all further liability hereunder – And the 
said Thomas Kaye doth hereby reserve to himself during his lifetime the right to mortgage and 
encumber the premises hereby conveyed to such extent as he may find requisite to pay and 
discharge his just debts or otherwise provide for the necessities of himself and family and the said 
Thomas Kaye doth also hereby reserve to himself the right and power at all times by a good and 
sufficient deed in writing to vacate annul, alter and set aside this deed or any clause thereof or the 
important effect thereof and he the said Thomas Kaye doth hereby execute set aside and annul all 
former and prior deed of trust by him made – In witness whereof the parties hereto have hereunto 
subscribed their names this first day of October one thousand eight hundred and sixty two, 1862.
Thos Kay
Henry Kay
Signed and delivered in presence of
Henry Kay
Philip Quane
At Douglas the 14th November 1862 Philip Quane of the parish of Patrick, farmer one of the 
witnesses to the execution of the foregoing deed made oath that Thomas Kay and Henry Kay the 
executing parties thereto duly signed the name in deponents present and in presence of Henry Kay 
the other witness
Before me:  Senhouse Wilson
Registry Office 14th November 1862.
I certify that the foregoing deed was this day at the hour of twelve o'clock noon, received by me at 
this office for the purpose of being Registered and Recorded according to Law.  And that the same 
is entered in the Requisition Book  5 page 277 No. 3323
Examined H. B. Watts
Deputy Registrar
(Inventory not typed)