John Kelly, 1891

John Kelly
Lonan 
1891 
N&eeg; 206


In Her Majesty's High Court of Justice of the Isle of Man Common Law
Division Testamentary Jurisdiction

To His Honor Deamster Drinkwater a Judge of the Said Court

The humble petition of James Williamson of Old Laxey in the Parish of Lonan
Merchant and John Thomas Cowin of Minorca in the said Parish Agent

Sheweth

That at a Probate Sessions Court for the District of Douglas holden at
Douglas on the 10th day of November 1891 your petitioners as Executors of
the last will and testament, dated the 5th day of July 1888, of John Kelly
late of South Cape Laxey in the said Parish of Lonan Gentleman deceased who
died on the 11th day of October 1891, propounded the said Will and sought
to obtain Probate thereof

That John James Kelly of Grawe in the said Parish of Lonan, miner, alleged
to be the heir at Law of the Said John Kelly deceased opposed the Said Will
being admitted to probate upon the grounds that the said John Kelly was at
the time of the making and execution of the said Will unduly influenced
therein and was not of sound mind memory and understanding

That your petitioners are prepared with evidence in support of the due
making and execution of the said Will and are desirous that probate of the
said Will of the said John Kelly deceased may be granted to petitioners as
Executors thereof   Wherefor petitioners humbly pray a hearing hereof and
that your Honor may be pleased to grant Probate of the Said Will to
petitioners with such other and further relief as is meet
And petitioners will pray &c &c
                                        Claude Cannell for petrs


Ordered that this petition do come on to be heard at a Court to be held at
Douglas on Monday the 16th day of November 1891 at 11 o'clock in the
forenoon whereof all proper parties and persons are to have due and lawful
notice   Given at Douglas this 12th day of November 1891


At a Court holden at Douglas on the 16th day of November 1891 ­ on the
foregoing petition being called the defendent John James Kelly who opposed
the Grant. of Probate of John Kelly deceased to the petitioners the
Executors named therein at the District Probate Sessions Court holden at
Douglas on the 10th instant appeared through his Advocate William Gay Esqre
and withdrew all opposition to the Granting of Probate of said Will to the
petitioners the Executors named therein, and the petitioners by the
defendant's opposition having been put to unnecessary expense are allowed
this day's costs ­ And execution is awarded against the Said Defendant for
the Sum of __ pounds __ shillings and __ pence (no amounts are filled in)
the Costs of this day


In the name of God, Amen, I John Kelly of South Cape, Laxey, in the parish
of Lonan, Gentleman, being of sound mind memory and understanding do make
this my last will and Testament in manner following, hereby revoking and
cancelling all wills heretofore made by me

First I leave devise and bequeath to my housekeeper Elizabeth Myra
Christian (as compensation for her entire services on my behalf) my
dwelling house and garden with all easements and rights thereto belonging,
subject however to the hereinafter mentioned reservation

Next I leave devise and bequeath to John James Kelly of Rencell, Laxey,
Robert Kelly of Minorca, laxey, William Christian of Beach, Laxey, William
McClain of Old Laxey and to the Revd J. S. Wilkinson, for the poor of
Lonan, one eighth each of my personal Estate remaining after payment of my
just debts and funeral Expenses ­ that is to say each of the five named
persons is to receive one eighth    Nevertheless should there not be
sufficient personal Estate at the time of my decease to pay my just debts
and funeral expenses then in that case, my hereinafter mentioned Executors,
shall have full power and lawful authority to mortgage and encumber the
afforesaid dwelling house and garden sufficient to pay whatever may be
short of my just debts and funeral expenses

I also hereby nominate constitute and appoint James Williamson of Old Laxey
in the parish of Lonan, Merchant, and John Thomas Cowin in Minorca, Laxey,
in the said parish of Lonan, agent, my Sole Executors and Residuary
Legatees of this my last will and Testament and have hereunto subscribed my
name this the Fifth day of July in the year Eighteen hundred and Eighty
Eight (1888)
Wittnessed by                                           his
John James Fargher                              John   X   Kelly
John Mylroi                                              mark