This is affirmed to be the last will and testament of John Brew of the Gilcagh, who departed this life the 25th January 1723/4, and was in perfect mind and memory at the making of it. First, he committed his soul to God and his body to Christian burial. Item, he declared that William Kelley Ballnahasney in Jurby owed him twenty shillings. Robert Clerk eight shillings. Philip Cleater ten shillings. And that himself would do that which was right in Thomas Sayles Executors three shillings. John Quark BallaYoughy ten shillings, which if he would not pay willingly, then he left on him sixteen shillings. John Wattleworth junior of Ramsey thirty shillings, whereof he received 2 shillings 4 pence. Christopher Sayles wife three shillings. John Tear fourteen shillings. William Brew his brother ten shillings. Stephen Dowan owned seven shillings. Thomas Tear a shilling. John Sayle (Smeal) three shillings for a beam[?] of a boat. John Sayle (The Clogh) owed him for weaving and that he was to be sworn first. John Sayle (Craig) for six dails at 17 pence apiece. Item, he declared that he owed to James Tear in Jourby forty shillings. To John Lace Ballaseer ten shillings. Item, he left to his wife a bed with the bed clothes and a choice chest. His wife told him that her parents owed him five pence, to which the Testator answered, do not trouble me about it, for I do not seek it. Item, he left to his daughter Margery five yearlings that was in Jourby. Item, he left to his father James Brew his shoes and saddle and bridle. And if his father James Brew was not to take them, then he left them to his brother William Brew. Lastly, he nominated and instituted his only child Margery Brew sole and lawful Executrix of all the rest of his goods moveable and immoveable whatsoever. And if his said child should die under age, twenty shillings of her goods should return to John Lace (BallaSeer) and that his fathers child Arthur Brew should be jointly and equally concerned with his next relations in her goods. To William Kneal Ballabeg a lamb against May. To the witnesses 14 pence each, and that John Cleater one of the witnesses had his choice to accept the 14 pence or an old Loughton Coat. He appointed William Brew & John Lace BallaSeer overseers of his child, whom with her goods he left to the care and tuition of his wife, if she would take them. The Testator also declared that if the mirey[?] in Close Keneen would be xxx before May, that the same might be xxxized xxxx in same other laxxx the overseers. Witnesses: Nicholas Tear, John Cleater.
The Executrix being underage, the overseers and wife are sworn in form of Law. The goods and child in the mothers hands, who has given pledges John Cleater & William Cleater of Birxxxx.
The Inventory brought in by the Sumner and wife and overseers is as follows: The immoveable goods on the Deads part: 4 pounds 10 shillings 3 pence; half of the husband & wifes clothes: 0:18:0; half the xxxx: 0:1:9; the two thirds of the geese and hens: 0:1:4; half the bought land in Jourby is left for the child; half the mortgaged land in Kencers Close: 0:12:0; the Deads part of the horses, cattle, to be paired which is: 0:1:4; more immoveable goods in the Deads part: 0:5:7; the parley at 12 shillings Placket 4 shillings 6 pence Pente 5 shillings & bowle: 1:0:2; the two thirds more of moveable goods: 1:8:0; part of the portion due from William Sayle, half is a foa pottles and a qurzt[?] of barley meal: 0:3:0; the Deads part of 5 sheep and 3 lambs: 0:8:8; half the money in the house: 0:3:0. February 8, 1724/5, John Lace enters a claim for 9 shillings 4 pence &c. February 25 1723: debts in the whole: John Tear & mother on balance xxx upon xxx (pd) 0:1:2; Stephen Dowan owned of a within debt of 0:11:0; John Sayle Craye owned in all 10 shillings whereof paid 3 xxx: 0:8:0; William Brew his brother owned the within debt of 0:10:0; for the Stean from when xxx 18 pence is the whole: 0:1:6; Total: 1:10:8. February 25, 1723: James Brew enters a claim for 14 pounds &c. March 9, 1723/4, Deductions in the which: to James Brew after the balance of all accounts and the goods due by the Testators Mothers death included with the consent of the overseers: 1:11:xx; funeral charges paid by James Brew: 0:8:xx; funeral charges paid by the wife and for Court fees, minister, clerk, and Sumner included: 1:0:xx & 0:0:xx; to Thomas Cowles wife for drink at the funeral: 0:17:xx; for 8 threshers: 0:2:xx; for proving the will and xxxment: 0:2:xx; to James Brew in Jourby for the bought land in the whole 40 shillings; to John Sayle the Clough on the whole 8 shillings; to Thomas Cowle on balance of accounts 4shillings 8 pence in the whole; to Thomas Cowle senior 12 pence in the whole; to Thomas Ratcliff 1 shillings 9 pence in the whole, half is to the witnesses of the will their legacy being 14 pence each: 2; to John Lace Ballaseer 12 shillings 1 pence. [from March 9, 1723/4 to here is crossed out] March 9, 1723/4: funeral charges paid by James Brew: 0 pounds 8 shillings 10 pence; Funeral charges paid by the wife and for Court fees, minister, clerk & Sumner: 0:1:2; to Thomas Cowless wife for drink at funeral: 0:17:6; to the witnesses of the will: 0:2:4.
Deductions xx the whole: to James Brew after the balance of all accounts and the goods xxx by the Testators mothers death included, the whole amount with the consent of the overseers xx: 0:2:8; to eight threshers: 0:2:8; to James Tear in Jourby: 2:0:0; to John Sayle Tier Clegh: 0:8:0; to Thomas Cowle junior: 0:4:8; to Thomas Cowle senior 0:1:0; to Thomas Ratcliff 0:2:9; to John Lace Ballaseer: 0:13:1.
Be it known by these presents that I Joney Brew alias Sayle wife and relict of John Brew deceased, have received 5 shillings 8 pence and am truly satisfied from and by Phill: Cleater of KK Andrews for all and every thing or things that could be demanded of him by and through the last will and testament of my said deceased husband. Whereof I do hereby acquit and discharge the said Phill: Cleater and his Executors forever under the penalty of double the value of such thing or things as shall be demanded, as witness my mark to my name January 11th, 1725: Joney Brew alias Sayle my mark. Witnesses: William Cottier, Philip Joughin. Acknowledged before me, Charles Watleworth. KK Andreas 1724:
July the 31st, 1724: I do acknowledge to have this day received at and from the hands of my loving friend Joney Saile wife to John Brew of KK Andreas deceased the sum of seventeen shillings and eight pence being in full and the latter part of the payment of the lands I sold to John Brew aforesaid as appears by a bill of sale touching the same, and I do hereby acquit and discharge her the said Joney Saile and her heirs, Executors, xxx and assigns for and of the payment or the whole sum mentioned in the bill of sale relating the said lands betwixt the parties aforesaid: I say received by me James Tear, my mark. Witnesses:John Garratt, Thomas Corlett. This be annexed to the will of John Brew of Andrews, who died January 25, 1723/4. [signed] Charles Watleworth.
At Sulby July 6, 1725, KK Andrews: There being a debate this day about the goods and accounts that were balanced betwixt James Brew on the one part and his son John Brews wife & the overseers of his child on the other part, which were in dispute March 9, 1723/4. I do remember that the sum of forty shillings was to be given to James Brew (i.e., mentioned on record) on balance of all accounts and demands; to which the overseers John Lace & William Brew, & Jony Brew the wife & relict consented; only the turf and hay in the Marriage Contract was not included in the said verbal agreement made before me. [signed] Charles Watleworth.
This to be annexed to the will John Brew, of KK Andreas.
At a Chapter Court held in KK Christ Lezayre November 12, 1725: After a full hearing of the long depending controversy betwixt Philip Cotter the present husband of Jony Sayle in behalf of her daughter by her former husband John Brew on the one part, and James Brew of the Gilgagh on the other, It appears that the said James provided his said son John Brew in contract one daymonth of hay & a spades cutting of turf in the lane during his natural life; which the Court is satisfied had relation to the said James Brews life and not his said son Johns by reason in the following Article, that the heir William Brew obliged himself to continue the same after his fathers death. It being also proved, that James Brew allowed the turf after his son Johns death. It is therefore ordered that in pursuance of the said Contract, the arrears of both turf and hay, vizt., the Deads part thereof be either in kind or the value forthwith paid and satisfied, and also inventoried for the benefit of the orphan such pence xxx interment of the said James Brew in St German till he submit to Law and pay all fees.
To the Sumner of KK Andrews who if disobeyed is to call for the assistance of a soldier from the Constable of Peel Garrison. [signed William Walker, John Curghey.
To the Revd. Vicar General Curghy: The humble petition of Philip Cottier of Lezayre: Sheweth that July 4th, 1729, very irregular accounts were then added to the Inventory of John Brew of KK Andreas, and clandestinely recorded, which (for that reason) were justly ordered to be taken off record; yet before the petitioner understood there was suit[?] sinister management John Lace &c a., procured a copy thereof from the Register which he still intends to keep by him intimating that if the petitioner should die, he then would have a fair opportunity to make use of the said copy against his Executors, being sensible that though the original be not upon Record, that the copy, produced opportunely, will without dispute prove that yet it was once there, and the mystery thereof perhaps cannot be unfolded by any then living; and that the said John Lace &c admin, aim as above said is further proved from their ceasing to prosecute the petitioner over since those unjust accounts were accepted by the Register, which is now above twelve-months ago, and by designing to have it xxx, when they see their own time, before the Deemster because he knows nothing of their case proceedings. Therefore he humbly begs that the said copy procured, as above said, by John Lace &c a. be forthwith recalled or declared invalid; and that these words vizt., save in that part which was added to the Inventory of John Brew &c a. may be cancelled upon Record in the discharge given by Thomas Cowle, William Brew &c a., to the petitioner because it may be inferred from these words that those irregular accounts were allowed of, as well by a proper magistrate, as by the petitioner. This granted so shall he may &c. I James Brew of the Gilcaugh in KK Andreas do hereby certify in presence of the subscribed witnesses that I do allow of and appoint in my stead and place my son Richard Brew to receive the legacy, with the fees, that was bequeathed in my son John Brews last testament to my son Arthur Brew, and being suable to xxowl myself I desire this may be annexed to my son John Brews will for Philip Cottiers and wifes security, as witness my mark to my name February 15th, 1729: James Brew. Witnesses: Thomas Sayle, Nicholas Cowley.
Whereas there is controversy depending betwixt Philip Cottier of Lezaire and the Executors of Margery Brew deceased touching the Executorship of the said Margery, These are to certify that I Margaret Quark alias Brew do hereby authorize and empower the rest of the Executors to act in that suit in my place and stead, and that I rest fully satisfied with whatever determination or agreement they shall think fit to make with the above Cottier touching the said Executorship, and submit myself in that affair to the judgment of the Ecclesiastical Court, as witness my subscription this 16th February 1729 [signed her mark] Margaret Quark als Brew. Witnesses: Edward Moor, Philip Moore.
February 17th, 1729: This day Thomas Cowle, William Brew & Richard Brew, John Lace, John Keneen administrators to Marjery Brew lately deceased and the foresaid Richard sworn in behalf of his brother Arthur came to the Records and acknowledged themselves to be fully paid and satisfied in what was due to them by the death of the foresaid Marjery Brew at and from the hands of Philip Cottier and his wife Joney Sayle in that part which was added to the Inventory of John Brew of this parish by John Lace & Richard Brew, which is left to the determination of the Court. And Margaret Quark als Brew is content with that what agreement the rest of the Administrators should make with the said Philip Cottier & his wife as appear under her hand hereunto annexed. And the said Administrators do hereby acquit and discharge the said Philip Cottier & his wife their Executors forever of the same save what is above excepted. Names the year and day above written: [signed their marks] Thomas Cowle, William Brew, Richard Brew, John Lace, John Keneen. In presence of William Gell, Register.
September the 9th, 1730: The Supervisors of John Brews child, having clandestinely and irregularly added to the Inventory of the said John Brew, several sums of considerable value, after the goods contained in the said Inventory, by the death of the said child had fallen to themselves, which ought not to be added without orders. Which said additions, was upon the complaint of Philip Cottier who is married to the widow, the mother of the said child (and had the tuition of the said child and goods, committed to her by the will of her said husband the said John Brew and had considerable time before the death of her said child perfected the Inventory) was by the Court ordered to be erased of Record, by the then ArchDeacons Registrar Mr. William Gell, which was accordingly done. Xxx forasmuch as copies of the said addition so supposititiously added (as the said Cottier in the annexed petition suggests) may have been given out before the erasement of the same, therefore the said copies are declared nul, having no original on record to refer to, as also the discharge given by the said petitioner, the Supervisors, to the said Cottier and his wife, referring to the said additions invalid. [signed] John Curghey.
This to be added to the Inventory of John Brew with Cottiers petition."