James Qualtrough, 1882
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| James Qualtrough, 1882 |
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| Submitted by: | Elizabeth Feisst |
| Date: | 24 July 2004 |
| Original: | MNHL: RM 344 LDS: 0106494 |
JAMES QUALTROUGH
NEW ZEALAND
& MALEW
1882 To His Lordship Richard ……… Vicar……..
No 111 The humble petition of James
Qualtrough of Howick in the
Provincial District of Auckland
In the Colony of New Zealand but
Farmer at present visiting in
the Isle of Man Farmer
Sheweth as follows ~
The petitioner’s father James Qualtrough
of Howick aforesaid departed this life at
Howick on or about the 3rd day of October 1881
having first duly made and published his last
will and testament dated the 15th day of August
1877 whereof he appointed the petitioner Executor.
The said will was proved in the Supreme
Court of New Zealand in Auckland aforesaid
on the 17th day of March 1882 and probate
thereof was granted to the petitioner.
It is necessary that the said will be
proved in this Island and probate thereof
granted to some fit and proper person.
There are no next of kin of the said James
Qualtrough deceased resident in this Island
whereupon your petitioner humbly ….(requests?)
a hearing hereof and that probate of
the said will may be granted to some fit
and proper person and your petitioner
will pray.
James S. Gell
for the petitioner
Ordered that this petition do come on to be heard at an Ecclesiastical
Court to be held at Castletown on Friday 23rd? day of
June 1882, at 11 o’clock in the forenoon. Whereof all proper
parties and persons are to have due and lawful notice.
Given at Castletown this 22nd day of June 1882
N Jeff ?
In the Supreme Court}
of New Zealand }
Northern District }
Be it known that upon search being
made in the proper office of the Supreme Court of New
Zealand, Northern District. It appears that on the
seventeenth day of March in the year one thousand ~
eight hundred and eighty two the last Will and ~
Testament of James Qualtrough deceased who died at
Howick near Auckland in the Colony of New Zealand
on the third day of October one thousand eight hundred
and eighty one was proved by James Qualtrough
Junior the Executor named therein and Probate thereof
granted to the said James Qualtrough and which Probate
remains of record in the said Office The true tenor of the
said Will and Probate are in the words following to wit:~
This is the Last Will and Testament of me
James Qualtrough of Howick in the Provincial
District of Auckland and Colony of New Zealand dated this
fifteenth day of August one thousand eight hundred and
seventy seven Whereas the greater number of my
children have had liberty to do for themselves away from
home and have prospered I hereby direct my Executor
to pay to each of them the sum of one pound as a token
of my affection And whereas my two daughters
Annie and Emily and my son James continue at
home serving me and their mother I give half of my
household goods and chattels to my wife Catherine
Qualtrough And to each of said daughters one fourth
part thereof to be directed by my Executor at his absolute
discretion The rest of my Estate real and personal I
give devise and bequeath to my son James or in the
event of his demise to my eldest surviving son upon
trust so to half thereof for my widow the said
Catherine Qualtrough for her life And subject thereto
for his own absolute use and benefit I appoint the said
James Qualtrough sole executor of this my will
if living at my decease and if he shall died before me
I appoint my son William Qualtrough sole Executor
thereof In witness whereof I the said James ~
Qualtrough have hereunto subscribed my name this
fifteenth day of August one thousand eight hundred and
seventy seven ~ James Qualtrough ~ Signed by the
said Testator James Qualtrough as and for his last
Will and Testament in the presence of us present at the
same time who at his request in his presence and in the
presence of each other have hereunto subscribed our names
as witnesses ~ H.H.Lawry Wesleyan Missionary ~
Thos Buddle Solicitor Auckland
In the Supreme Court }
of New Zealand }
Northern District }
(In margin: Stamp L3~~~
Stamp L4.8…
Be it known unto all men that on this seventeenth
day of March in the year one thousand eight hundred and
eighty two the last Will and Testament of James ~
Qualtrough deceased a copy of which is hereunto
annexed hath been exhibited and proved before
Thomas Bannatyne Gillies Esquire a Judge
of this Honorable Court and Administration
of the Estate and Effects and credits of the deceased
hath been and is hereby granted to James ~
Qualtrough Junior (son of the said James
Qualtrough deceased) the Executor in the said Will
and Testament named being first sworn faithfully
to execute the said Will by paying the debts and
legacies of the deceased so far as the property
will extend and the law binds
Given under the seal of the said
Supreme Court at Auckland this
seventeenth day March in the
year one thousand eight hundred and
eighty two
L S (in a circle)
Henry C. Brewer
Registrar
In faith and testimony whereof these
Letters Testimonial are issued
Given at Auckland as to the time
Seal of the aforesaid search and the
of the sealing of these presents this ~
Supreme Court twenty fourth day of April ~~~~
of New Zealand one thousand eight hundred and
eighty two
G M Gaskey
Deputy Registrar
of the Supreme Court of New Zealand
at Auckland
At an Ecclesiastical Court held in Castletown on this
23rd day of June 1882
The Original Last Will and Testament of James
Qualtrough formerly of the Parish of Rushen in the
Isle of Man but late of Howick in the Provincial
District of Auckland and Colony of New Zealand
deceased who died on or about the third day of
October 1881 having been heretofore proved and
Registered in the Supreme Court of New Zealand
Said Probate thereof granted to James Qualtrough
Junior a Son of the Deceased the Executor nominated
in the said Will and the foregoing exemplification
of the said Will with probate thereon ..der Seal of the
above named Court having been exhibited in this
Court the same is received by this Court as such for
the Last Will and Testament of the said James
Qualtrough deceased and James Qualtrough Junior
a son of the said deceased the executor named in
the said Will is therefore sworn well and truly to
fulfil and execute said Will and to Administrate
all and singular the personal estate and effects of the
said deceased that are within this Isle and Diocese of
Sodor and Mann according to Law by paying the just
debts funeral and testamentary expenses of the
said Deceased and the Legacies contained in his
said Will so far forth as his said Estate and Effects
will thereto extend and the Law binds him And to
which to the Diocesan Registry of this Isle and Diocese
of Sodor and Mann a full and perfect inventory
of all and singular the said estate and effects
with an accurate account of his administration
hereof when thereunto lawfully required And to
these ends he hath given Pledges Namely Edward
Keig of Ballakilpatrick in the Parish of Rushen
and John Kinvig of Castletown in the Parish of
Malew who have entered into and executed
the usual Bond in the presence of the Court.
Accept….Probatum est
R Gibb
Whereas the Ecclesiastical Court of this Isle and Diocese of Sodor and Mann hath this day granted Probate of the Last Will & Testament of James Qualtrough formerly of the Parish of Rushen deceased to James Qualtrough the Executor named therein.
And Whereas Edward Keig of Ballakilpatrick in the Parish of Rushen and
John Kinvig of Castletown in the Parish of Malew have agreed to become Pledges for the due and faithful Administration of the said Estate of the said
James Qualtrough according to Law.
Now, Know all Men by these Presents that we the said Edward Keig
and John Kinvig hereby bind and oblige ourselves jointly and
severally, and our Heirs, Executors and Administrators firmly by these presents, as pledges for the said James Qualtrough ---------- 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, our Heirs, Executors and Administrators, to be answerable and responsible for the whole to the said Court, and to all parties interested in the said Estate and Effects, or the administration thereof, in the place and stead of James Qualtrough.
Witness our Subscriptions, this 23rd day of June in the Year of our Lord
One Thousand Eight Hundred and eighty two.
At an Ecclesiastical Court held at Castletown } Edward Keig
on the 23rd day of June 1882 }
The foregoing Bond and Obligation was duly signed and } John Kinvig
delivered and also acknowledged by the executing parties}
to be their proper Act and Deed. }
Before Me: R Gibb??