William Teare, 1869

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64    Malew
I William Teare of Silverbourne in Malew but at present residing in
Castletown being of sound disposing mind memory and understanding do make my
last will and testament in manner following.
I leave each of my children my next of kin wheresoever they may be six pence
each in full of all claim that they may have in anywise upon my estates real
or personal.
I leave all the rest of my goods, property and effects of every kind and
description to my wife Catherine otherwise Kelly and do hereby appoint
her executrix of this my last will and testament according to law.
Revoking any will or wills by me heretofore made.
In testimony whereof I have hereunto subscribed my name and set my mark this
29th day of August 1868.
William Teare his X
Witnesses:
John Jones, Surgeon
James Thomson

At a Special Eccl Court held at Castletown on the 24th day of June 1869.
Catherine Teare widow and relict of the said deceased the executrix in said
will named having by instrument in writing renounced the burden of execution
thereof  administration of the estate with the above proved
will of William Teare annexed is hereby granted and committed unto
James Kewley of Castletown and accordingly he is sworn to perform said will
in accordance with the intentions of the testator to administer all
and singular the personal estate and effects of the said deceased according
to law by paying the just debts and funeral expenses of the deceased and the
legacies contained in his will so far forth as his estate and effects will
thereto extend and the law bind him.  To return to the Archdeacon's Registry
of the Isle of Man a full true and perfect inventory of all and singular the
said estate and (   ) with an accurate account of
his administration thereof when thereunto lawfully required. And to
these ends he hath given pledges namely John Bell of the Friary in the
parish of Arbory and Thomas Crellin of Castletown in the parish of
Malew who have entered into and executed the usual bond in the
presence of the court.        Probatum est     Thos Cubbon

The humble petition of James Kewley
Sheweth:  That William Teare late of Castletown departed this life on or
about the 19th day of January 1869 having shortly previous to his death duly
made and published his last will and testament in writing of which
he appointed his wife Catherine Teare executrix.
That the only next of kin of the said William Teare are his two sons Thomas
Teare and John Teare (the latter of whom is off this island) and his
daughter Catherine who is the wife of John Thomas Southward of
this parish of Lezayre Dyer.
That your petitioner is one of the principal creditors of the estate of the
said William Teare.
That the said Catherine Teare refused to apply for probate of the said
will or to deliver the said will up to your petitioner.
Wherefore your petitioner prays a hearing hereof and that probate  of the
said will may be granted to the said Catherine Teare and in case she
should renounce the execution of the said will that Letters of
Administration with the said will annexed of the estate and effects of
the said William Teare may be granted to some fit and proper person and he
will pray.  James Gill for petitioner
Ordered that this petition do come on to be heard at an Eccl Court to be
held at Castletown on Tuesday the 23rd instance at 11 o'clock in the a
forenoon whereof all proper parties are to have due notice.
Given this 13th February 1869.   Thomas C. Callow.

At a court held at Castletown this 23 Feb 1869.  This petition is
continued.                                    Thomas C. Callow.

At a court held at Castletown this 14th May 1869.
This petition is continued the defendant being in contempt.
                                                     Thos C. Callow.

At a Special Eccl Court held at Castletown on the 24th day of June 1869.
Upon hearing this petition in the presence of the parties or their
advocates and upon proof being first had of the due execution of the
paper writing propounded as the will of William Teare deceased And Catherine
Teare the executrix named therein having by instrument in writing and
herewith recorded renounced the burden of the execution thereof.
Administration with the above proved will annexed of William Teare deceased
was granted to the petitioner Jame Kewley as prayed for.
                                                  Thos C. Callow

Whereas James Kewley of Castletown  has obtained a writ of contempt against
Catherine Teare widow of William Teare deceased dated the 20
May 1869 and granted on the presentment of the Archdeacons official. Now I,
the said Catherine Teare in consideration of the said James
Kewley forebaring to enforce the said writ and imprisoning me
thereunder do hereby deliver up to the said James Kewley a certain paper
writing purporting to be the last will and testament of the said William
Teare.  And in case I shall fail from any Archdeacon's Court to beheld at
Castletown (whether I am thereof notified or not) under a petition of
the said James Kewley for probate of the said will then I hereby
renounce the said will and the execution thereof wholly and
Absolutely and also all right which I have or may have to probate thereof.
And I also renounce all right which I have to administration of the estate
of the said William Teare.  And I hereby consent to the said James
Kewley or any other fit and proper person proving the said will or taking
administration of the said estate.
As witness my name this day of May 1869.
Catherine Teare.
Witnessed by
Thomas Crellin

I hereby certify that by virtue of the Authority of Thomas Chesley
Callow Esq Archdeacon's Official I have duly left charged for Catherine
Teare widow of William Teare deceased to appear at an Archdeacon's
Court to be held at Castletown on Thursday the 24th instant at the suit and
petition of James Kewley
This 23 Jun 1869  Wm Corlett Sumner of Malew

Whereas the Eccl Court of the Isle and Diocese of Sodor and Man hath this
day granted administration with the will annexed of William Teare
deceased to James Kewley of Castletown.
And whereas John Bell of the ____ in the parish of Arbory and Thomas Crellin
of Castletown in the parish of Malew have agreed to become
pledges for the due faithful administration of the said estate by the said
James Kewley according to law.
Now know all men by these present, that we, the said John Bell and
Thomas Crellin hereby bind and oblige ourselves, jointly and severally
and our heirs, executors, and administrators, firmly by these present, as
pledges to the said James Kewley that he shall well and truly
administer, all and singular, the Personal Estate and effects of the said
deceased according to Law.  And in his default, we bind ourselves and
each of us, for the whole, our Heirs, Executors, and Administrators, to be
answerable and responsible to the said court, and to all parties interest
in the said Estate and effects or the administration thereof in the place
and stead of the said Jame Kewley.
Witness our subscription the 24th day of June in the Year of Our Lord One
Thousand eight Hundred and Sixty Nine.   John Bell and Thomas Crellin.
I hereby authorize the places to admit and order of possession against
me in favor of James Kewley under a petition at his suit against me ordered
to be heard at a court to be held at Castle Rushen on Tuesday next.
This 24th May 1869.  Catharine Teare.
Witnesses:
Thomas Crellin


William Teare's estate
James Kewley was appointed administrator on the    day of    1869.
William Thomson coroner had an execution in his hands against Teare and
after Teare's death he took possession of and sold all the effects he
could discover belonging to Teare under such execution.
The sumner made an appraisement of the said goods which the administrator
did not get and the same has been mislaid through the various proceedings
for administration and the litigations conducted of Teare's widow.
The administrator was put to great expense and trouble in procuring
administration and when obtained was unable to discover any estate of
the said Teare exception as above and as hereinafter mentioned.
The administrator received from the said Coroner the sum of 4 lbs 6.6. the
proceeds of the sale of the said goods and effects after deducting his
poundage and other expenses as appears by his account hereto annexed.
He also received from William Quine a tenant in Teare's lands at
Silverburn in the parish of Malew (which lands on the death of William
Teare descended to his son Thomas Teare) the sum of five pounds being the
proportion of the years rent of the said land at the rate of 30 pounds a
year being the proportion of 2 months vizt from the 12th Nov 1866 to the
month of January following the time of the death of the said William Teare.
This is all the estate the administrator could find, and that came into
hands, of the said William Teare.
The following account shows how the same has been applied vizt
Cash received from Coroner as estate                               4.6.6
Cash received from Quine                                           5.0.0
                                                                   9.6.6
Payments thereout preferable Gell and Gills costs per annexed      3.22.0
Admors expenses attending courts
appraisements and fees of administrators
                                   Balance                         4.5.6
The said Teare owed the administrator a debt of 10 .5 for house rent 6 of
which was perferable for the rents of the year in which Teare died which
absorbs the whole of the estate and leaves nothing for common
creditors.
The adminstrators is not aware of any orders against him for Teare's estate
but one in favour of J. M. Jeffocett Esq          James Kewley