hidden-metaphor

Manx Genealogy

KERMODE in Lonan
In Response To: Re: Sarah Jane Kermode ()

Hi Wayne,

I was having another look at this thread, following the Daniel Kermode will transcript you sent (now on Ian Radcliffe's website).

In the message above, you wrote that your "gg Joseph Kermode returned to the IOM from Canada in 1921 and stayed with his daughter Sarah Cowin, but needed to confirm which of the two 1851 Sarah Kermodes married Joseph Cowin".

I think you meant Joseph's sister Sarah, rather than his daughter?
I wondered whether you got Joseph's 1933 death cert from the Registry, and whether Sarah was the informant, and what details were given there?

You also wrote elsewhere that your interpretation of Daniel's "Probate was that William Kermode, who was one of the heirs, put in a claim for 25.00 (British Pounds?), suggesting that perhaps he wasn't happy with the single shilling..."

The reason for this was probably because William (bapt 1831 Lonan) could have been the only surviving child of Daniel Kermode and his first wife Margaret Killip. In Margaret's 1836 will (Margaret Kermode otherwise Killip wife of Daniel Kermode Joiner) she leaves "unto my Two Sons namely John and William Kermode Eight pounds Each British money to be paid unto them by my Executor when they severally comes to age also I leave and bequeath unto my Daughter Ann Kermode Fifteen pounds British to be paid her also when she comes to the age of Twenty one years and in case either of the fore named children would Die before he or she would receive the afore named sums the surviver or survivers shall receive and enjoy the same..."

But Daniel didn't pay out the money to his children when they came of age, as he swore to do as Margaret's sole executor, and as "the Guardian and Supervisor of his children under age". It wasn't until 1873 - when William was 42 - that Daniel died leaving all his children one shilling each, and leaving his whole estate, including his house and two parcels of land, to his second wife Eleanor, that William apparently became aware of his mother's legacies and went to court to claim these.

The court documents of May 19 1874 for his claim against the estate of Daniel Kermode for £25.00 follow Daniel's 1873 will, and on 23rd May 1874 the result of his claim was attached to Margaret's 1836 will. This said "Whereas Margaret Kermode otherwise Killip First wife of Daniel Kermode Joiner Laxey did by her last Will and Testament bearing date the 12th day of Novr 1835 amongst other things therein contained bequeath to his son William Kermode Eight pounds when he came of age
And Whereas at a Chapter Court held at Douglas on the 10th day of June 1835 the said Will was duly proved and probate thereof granted to Daniel Kermode the executor named therein who died and appointed his Wife Eleanor Kermode his Executrix who upon paying the above named legacy has called for a Receipt and discharge for the same
Now Know All Men by these presents that I the said William Kermode the legatee above named do hereby own and acknowledge to have been paid and satisfied by the said Executrix Eleanor Kermode Exx of sd Danl Kermode the sum of Eight pounds Sterling money in full judgment satisfaction and absolute discharge of the aforesaid legacy of Eight pounds and any and all interest due thereon down to the date hereof." [Transcript Lois Ralph. www.iomfhs.im/lawsons/twill/1836_011.html]

So William received only the £8, with no interest for the previous 21 years since he turned 21, nor the other £8 + £15 left to the surviving child, also apparently never paid to the other two children if they survived.

Someone who knows more than I do about the court processes in the IoM might tell us how underage children find out what legacies they have been left, or whether it is a common occurance for them not to receive these until many years later, if at all? And why the court wouldn't press for interest to be paid on the years that they waited?

This also happened with one of my ancestors who died at the age of 31 without having received her inheritance, and her brother finally claimed his five years later.

Sue