Episcopal Wills 1761 Braddan #3, of Thomas Berton

(from MM GL 713 / LDS 0106385 )

Liber 3 1761 - Douglas

I Thomas Berton of Douglas in the Isle of Man, merchant, being now advancing in years and finding myself growing very tender and much declining, therefore in order to prevent any trouble that may arise about my effects after my decease as for what worldly goods and effects , estate real and personal of every sort and kind be same in what country it will I give, leave and bequeath the same in manner and form following:

I leave and bequeath unto each of my three sons, to wit William, Elias and George Berton the sum of five shillings sterling apiece and no more to be paid to them by my executrix hereafter named, one year after my decease. I order payment to be made of all my just debts in this Isle in one year after my decease by my hereinafter named executrix, as also my funeral expenses and as for all the rest, residue and remainder of all my estate, real and personal, goods, chattels, assets and effects movable and immovable be the same where and in what part of the world it will I give, leave and bequeath the same unto Elizabeth Berton Discoll my dearly beloved wife to be and enure? To her own personal use and behoof her heirs and assigns - wife executrix

Signed, sealed, published & declared by the testator to be his last will and testament in our presence -

Henry Allen, John Christian & Thomas McNaughton

A true copy of the original will which is transmitted to the court of York – John Gill Deputy Episcopal Register 7^th May 1766

At a Chapter Court holden in Douglas November 17^th 1761

John Christian & Thomas McNaughton the subscribing witnesses - that the testator being of sound and perfect mind and memory - and whereas Elizabeth Berton the executrix - has not appeared to be sworn and give in pledges according to law Captain Thomas Moore and Mr Thomas McNaughton both of Douglas become security to the court in form of law that Elizabeth Berton will attend the court next Friday at Ballnyhown and undertake the burden and execution of the will and fibe in pledges - and in the interim that no part of the effects shall be embezzled to the prejudice of the creditors

At a Chapter Court holden at Balnyhown in KK German November 20^th 1761

Elizabeth Berton - having relinquished the burden and execution of the will to Mr Thomas Moore, who is also approved of by some of the principal creditors as appears by the annexed appointment and resignation - which he is also to sell at public auction for the benefit of all concerned, and of such sales return a just account to which ends and for the security of the office he has given pledges in form of law namely Captain Paul Bridson and Mr William Quayle both of Douglas -

A true copy of the original claims transmitted to the Court of York – John Gill 9.5.66

Douglas, 19^th November 1761

Reverend Sir

As Mrs Berton cannot procure bail for the payment of debts and legacies in pursuance of her late husband Mr Thomas Berton’s last will proved in your court on the 17^th inst. and as I am principal creditor must request the favour of your granting administration to Mr Thomas Moore (in my behalf crossed out) which is approved of by most of the other creditors and which is also agreeable to Mrs Berton as may appear by her consent hereunto annexed -–
John Joseph bacon

To the Revd Messrs Robert Radcliffe and Mathias Curphey, Vicars General of this Isle

I am well satisfied that administration of the goods and effects of my late husband Mr Thomas Berton shall be given to Mr Thomas Moore and so hereby relinquish my right of administration to him - 19 November 1761 Elizabeth Berton

Witnesses: William Quayle & William Donaldson

At a Chapter Court holden at Balnyhown, November 20^th 1761

Mr William Quayle has deposed that John Joseph Bacon and Elizabeth Berton severally executed the within writing so far as they are respectively concerned

Before us –
Robert Radcliffe & Matthias Curghey

Copy

Francis Topham Doctor of law and keeper general of the exchequer and prerogative court if the mots reverend father in god Robert by divine permission Lord Archbishop of York primate of England and Metropolitan lawfully authorised to all and singular clerks and literate persons whomsoever and wheresoever within the province of York greeting whereas it hath been alleged before us by the proctor of John McCulloch merchant a creditor of Thomas Berton late of Douglas in the Isle of Man and province of York having in his life time and at his death bona notabilis in diverse diocese or peculiar jurisdictions within the province of York merchant deceased that the original last will and testament of the deceased was proved before the Reverend Robert Radcliffe Mathias Curghey clerks vicars general of the right reverend father in god Mark by divine permission Lord Bishop of Sodor and Man or the one of them and that the same is now in their or one of their custody or in the custody of the reverend James Wilks clerk Episcopal register of the Isle of Man aforesaid wherefore we at the petition of the proctor of the said John McCulloch have decreed a monition against the said Robert Radcliffe, Mathias Curghey and James Wilks to exhibit and deposit at the acts of our court the original last will and testament of the decease in the day and hours hereafter mentioned. We therefore do hereby order and charge you jointly and severally that you or one of you - under pain of the law and contempt thereof on or before Friday the thirteenth day of May next ensuing otherwise to appear before us - to see and hear themselves decreed to e excommunicated for their manifest contumacy in this behalf -

To the Revd John Gill deputy Episcopal register of the diocese of Sodor & Man

Sir

In obedience to the within monition and according to the purport therefor you are hereby authorised and directed to transmit or cause to e transmitted to the Worshipful Francis Topham doctor of laws commissary and keeper general of the exchequer and prerogative court of the most reverend father in God Robert by divine providence Lord Archbishop of York primate of England and metropolitan lawfully authorised the original last will and testament of Thomas Berton late of the town of Douglas deceased within mentioned close and authentically sealed of which you are (previous to said transmission) to take a true and fair copy and to keep the same in your registry for the benefit of all concerned, and this shall be your indemnity

Given under our hands this 9^th day of May 1766

Matthias Curghey

Dear Sir

You see by the enclosed monition that we are required to sent Thomas Berton’s will to York sub poena juris. You’ll send the original will - Robert Radcliffe 9^th May 1766

I have had since I saw you a slight touch of the gout but it seems to go off I intend if I be for travelling to see you next Friday at Michael let Berton’s will be sent as soon as possible pray will Mr McCulloch undertake to send it and give a receipt at the receiving of it from you if he does so I believe he may be trusted with it or will it not be safer to send it by the packet via Whitehaven

Robert Radcliffe May 9^th 1766

Kirk Michael 9^th May 1766

Sir

The Revd Robert Radcliffe & Matthias Curghey vicars general of this diocese being this day served with a monition from your court - I was thereupon as Deputy Episcopal Register in Mr Wilks’s absence, who’s out of the island at present, directed to transmit the same forthwith which accordingly comes herewith enclosed and directed to the commissary & keeper general - hoping the same will come safe to your hands

John Gill -

We whose names are hereunto subscribed being a jury charged by virtue of the Revd Mr Robert Radcliffe’s token at the suit of Thomas Moore to value and appraise the goods and effects of the late Thomas Berton of the town of Douglas do value the same as follows the 24^th November 1761