Archdeacon Wills 1761 #55, German, of John Kelly of Peeltown, merchant:

‘In the name of God, Amen. Whereas I John Kelly of Peeltown in this Isle, merchant, at present in an indifferent state of health but of sound mind and memory (praised be Almighty God for the same) and calling to mind the uncertainty of this mortal state, do therefore make this my last will and testament in manner following. First, I commend my soul to God, and my body to be decently interred at the discretion of my executrix hereafter named. I leave and bequeath to my loving wife Christian Kelly als Fine the sum of two hundred pounds over and above whatever she is entitled to or is settled upon her in and my our marriage contract. I leave and bequeath to my son John Kelly all my right part of share of all my houses gardens backsides yards and my other lands of what denomination soever with their and every of their appurtenances, together with the sum of three hundred pounds, twenty pounds whereof to be paid to my said son John when he arrives to the age of fourteen years, and the remainder of the said three hundred pounds with my right, part or share of the said houses gardens and other lands whatsoever with their appurtenances at or upon the decease of my said loving wife, and no soever, unless she my said wife shall think proper to do otherwise. I leave and bequeath to my daughter Christian Kelly the sum of three hundred pounds, twenty pounds whereof are to be paid unto her when she arrives to the age of fourteen years and the remainder of the said sum, when she arrives at the age of twenty one years, or on the day of her marriage, provided such marriage be had by her mother’s or guardian’s consent and approbation. It is also my will and desire, and I do hereby order appoint and direct that the residue and remainder of all my goods, chattels and effects excepting what is before mentioned in this my last will, and excepting also the provisions made to my loving wife in and by our marriage articles or contract, shall be equally divided between my said four children William, Ann, John and Christian Kelly, share and share alike, twenty pounds thereof to be paid to each of my said two children William and Ann Kelly immediately after my decease, and the remainder of their shares or proportions of such dividend to be paid unto them the said William and Ann Kelly within the space of twelve months after the decease of my the said John Kelly, if the debts which shall be due to me at my decease can be collected. As also my said two children John and Christian the shares or proportions of the said dividend to be paid unto them, when my loving wife shall think proper and advisable or in case of her decease, when the same shall be thought most advisable by such guardian as she shall in that case appoint. She my said loving wife furnishing and supporting my said two younger children with suitable and proper education and maintenance. And it is also my further will and desire, and I hereby order direct and appoint, that in case either of my said two children John and Christian Kelly shall die before he or she arrives to the age of twenty one years, then such child’s proportion, part of share of the said houses gardens lands and appurtenances, goods, credits, chattels and effects are to become the right of such of the said two children as shall survive the other, and in case of the decease of both of the said John and Christian before they arrive at the age of twenty one years, then their shares and proportions of all and every the before mentioned legacies and premises to become the right and property of my two oldest children William and Anne Kelly equally between them and in case of the death of either the said William and Ann, to whomsoever my said two eldest children shall be the survivor of them provided always and it is my will and desire, and I do hereby accordingly direct, order and appoint, that if my son William shall at any time after my decease be inclined to purchase any part of my concerns of houses gardens or other lands situate in Douglas or Peeltown, which I have bequeathed to my son John, he my said son William is to have the preference of purchasing the same before any other person, upon such purchasing the same before any other person, upon such reasonable terms as any other person would give for the same, and in such case my said loving wife, or such guardian as she in case of her decease shall appoint over my said two children John and Christian, and hereby empowered to dispose of and sell the same to my said son William, and in case of his refusal to purchase the same in manner and on the terms before mentioned, then my said loving wife, or the guardian by her appointed over my said two children John and Christian may dispose thereof and sell the same, if the sale thereof be thought advisable and for the interest and advantage of my said son John, or in case of his decease before his arrival to the age of twenty one years, for the interest and advantage of my daughter Christian. Lastly, I do hereby nominate and appoint my dear and loving wife Christian Kelly sole guardian and supervisor of my said two children, John and Christian and do also appoint her sole executrix of this my last will and testament, to all and ever which legacies and bequests herein before mentioned my said loving wife hath given her full and free consent, and I do hereby revoke, disannul and make void all and every other will or wills heretofore by me made (my marriage articles or contract with my said loving wife hereby excepted) and do declare this to be my only last will and testament. In testimony whereof I the said John Kelly have hereunto subscribed my name this twenty eight day of April in the year of our Lord one thousand seven hundred and sixty one 1761. [signed] John Kelly. Witnesses: John Gill, John Gill.

I Christian Kelly otherwise Fine wife of Mr. John Kelly Peeltown merchant do hereby give my force and full consent to the within last will and testament of my said loving husband as witness my hand this 28th Day of April 1761. [signed] Christian Kelly.

At KK Braddan, April 25th, 1762, the Revd. John Gill and John Comish subscribing witnesses of the foregoing will have deposed on the Holy Evangelists that the testator being of sound and disposing mind and memory signed and declared the foregoing writing as his last will and testament in their presence before me. [signed] Ro. Radcliffe.

At a Court holden in Peeltown May 4th, 1762, Whereas a posthumous named James has been born since the death of the testator that no provision is made for said child posthumous by the foregoing will, the Court therefore decrees the said posthumous executor with the rest of the testators children who were appointed residuary legatees and Christian Kelly the widow is sworn to be … trust as also guardian and supervisors of John, Christian and James Kelly the said sworn to bring appraised inventory to the Registry, as also for payment of … according to Law to which ends forthcoming of the children’s goods she made pledges in form of Law namely Mr. John Callin of Peeltown and Mr. Thomas … of Malew.

At a Chapter Court holden by adjornment, the above will was duly published in this Court and no objections were offered against it. A true and perfect inventory of the goods and effects of Mr John Kelly late of Peeltown merchant deceased taken and valued and appraised by us four sworn men are as follows: in the Parlour: eight chairs, two tables, a tea board, a tea chest, a looking glass, a spy glass, a cupboard of china and glasses all value 5.5.1 Manks. In the room over the kitchen: an old chest of drawers, a desk, a card table, three chairs, a looking glass, a bed stead and furniture, 5.8.4 Manks. In the room over the parlour: a bed, bedstead and furniture and window curtains, six chairs, a stand, and looking glass, 8.12.0 Manks. In the garrett, a servant’s bed and a chest and some lumber, 1.5.0. Stair case: a clock, 3.10.0 Manks. Billy’s room: a bedstead, furniture, an old field bedstead and curtains with a chair, trunk, and an old desk, 3.3.0 Manks. In the nursery: two old bedsteads and furniture two chairs, an old chest of drawers, an old small table, and a small looking glass, 3.7.0 Manks. Linen: forty five great and small table cloths, thirty two now old napkins, thirteen pair and a half of sheets and twelve pillow cases, 11.8.11 Manks. In the kitchen: knives and forks, pewter, jack and spits, candlesticks, five irons & fender & warming pan, smoothing irons, copper pots and kettles, four sauce pans and a skillet, four pots, a frying pan, a lantern & fins, a mortar, a table and three chairs, earthen ware, a fire screen & church & a chair, 7.15.0 Manks. In the counting house: eight chairs & a fender, two Bibles, three books and money weights, 0.18.0 Manks. In the store room: hops and lumber 3.5.x Manks; a bottle drainer hen coop and ladders, 0.10.x Manks. In the brew house: a washing kettle and some old casks, 0.7 x. Plate in the house: silver spoons & a punch ladle 35 ounces at 5s/10p, 10.4xx Manks. One cow 3.0.0. A Manks yawl 5.0.0. Eighteen puncheons of and an eillage containing @ invoice 2054 gastons[?gallons] of rum at 2/4p, 239.12.8 British. Sixty seven pipes, eight hogs heads, four half hogs heads, and six quarter hogs heads containers @ invoice 8639 ½ gallons of brandy at 19 ½ pence British a gallon, 701.19.2 ¼ British. Total 941.11.10 ¼ British, exchanged to Manks: 156.18.7 ¾. Total Manks 1098 pounds 10 shillings xx pence. Dated Peeltown, May 27th & 28th, 1762. [signed] George Savage, James Cowll, Thomas Crellin, Ro. Williams.

Ballnahown 18th June 1762, delivered by Mr. Thos. Fargher guardian to Mr. Kelly son of the late Mr. John Kelly & agent to Mrs. Christian Kelly the widow. The humble petition of Christian Kelly widow and relict of John Kelly late of Peeltown, merchant, deceased, sheweth that your petitioner said late deceased husband having died about a month ago, did some considerable time previous to his death make publish and declare his last will and testament in writing whereby he leaves and bequeaths all or the greatest part of his fortune and affects equally amongst his four children and of such his will appointed your petitioner executrix in trust and committed the tuition of such of his children as are under age to your petitioner who was at the time of her said husband’s death ancient and now near her time; That your petitioner’s said husband as a merchant having several debts due to him from persons in neighboring countries some of whom are now in this Isle and will not settle or account with petitioner but design to depart the same in order ot evade payment of their just debts , as also several law suits to defend and others to prosecute which are severally to come on to be heard and determined on the merits in a short time and long before next Chapter Court, by all which petitioner and her said children may suffer greatly in their fortunes, if petitioner’s said husband’s will is not speedily proved and petitioner clothed with sufficient power to act and proceed in the premes by her attorney legally authorized; And for as much as petitioner is well advised upon emergent and necessitous cases of this kind wills have been frequently received and probate of them granted at consistory courts upon application to your Lordship; Petitioner therefor humbly prays your Lordship would be pleased in consideration of Petitioner’s circumstances to order and direct one of the Vicar Generals and Registry of our Court to grant probate of the said John Kelly’s will at Peeltown as Petitioner is very much indisposed and unable to travel, whereby the rights of all concerned may be preserved and secured and Petitioner as a duty bound shall for your Lordship’s eternal felicity ever pray &c.

On consideration of this Petition and in the present circumstances of the Petitioner, it is hereby directed that the Revd. Robert Radcliffe, Vicar General & official with the Register of our Court, would appoint a short day to attend at the Petitioners house in order to have the Will above mentioned duly proved and the Executrix in trust sworn to avoid any prejudices or issues to the Petitioner. And hereof all proper parties and persons to have due notice.

Given at Douglas April 19th, 1762. 1763, June 8th, to be added to the inventory of my late husband Mr. John Kelly, cash received from sundry persons in this Island British 57 pounds 13 shillings 6 pence. [signed] Christian Kelly.

Peeltown, May 10th, 1771. Dear Sir, Enclosed is the appraisement of the old timbers in the cellar with some other things that was not valued before which you will please to add to the inventory; it’s Manks money. And I have also enclosed you the sundry receivings and sundry payments made by me since which you will please to add and the rest or give it to Mr. Cubbin to get it done which will much oblige me. Mr. Callin left some money for you upon giving up some receipt which plase to send by a safe hand. He also left a paper here to be sent you which I have enclosed you. My mother joins me in complements to you and family. I am your most humble servant, [signed] Christian Stevenson. I had a letter from Mr Durie yesterday from air[? - fpc Ayr,Scotland?] wherein he desires his complements to your & family and intends being home in 3 weeks & Mrs. Christian with them. Mr. Stevenson is at Largadow and would join me in complements to you and family.’

 


 

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