In the name of God, amen. I Henry Graves of Peeltown, merchant, being of perfect, sound and disposing mind, memory and understanding, and calling to mind the uncertainty of this transitory life, do make, publish and declare this my last will and testament in manner follow. First, I bequeath my soul to God, hoping and believing a remission of my sins by the merits and mediation of Jesus Christ; and my body I commit to the earth to be buried at the discretion of the guardians of my children herein after named. And my worldly Estate I give and devise as follows:
First, I give and devise to my son John Thomas Graves my part or share of the house in the said town wherein my brother William Graves now lives, together with my part or share of a house bought of John Shimmin and his wife. But my will and desire is that he the said William Graves shall occupy, possess and enjoy the said house wherein he now resides until my said son John Thomas shall attain the age of twenty one years, provided he the said William Graves will keep the same in sufficient tenantable repair.
Also, I give, devise and bequeath to my son Henry Graves my part or share of the house adjoining the churchyard and of the yard and appurtenances thereunto belonging (the other half or share thereof having been given to him by his mother) but he is not to take or enjoy the said part of share of the said house if he should prevent his sister Ann Graves from peaceably possessing and enjoying a house lately erected upon the yard xxx formerly belonged to the said house xxx in that case his said sister Ann Graves is to have possess and enjoy the said part or share of the said house bequeathed and devised to him as aforesaid.
Also to my son William Graves I leave, devise and bequeath my part or share of a house, garden and appurtenances thereunto belonging at the Red Gap near Castletown together with the sum of fifteen pounds British.
Also to my son George Graves I leave, devise and bequeath my part or share of the house, lands and concerns purchased by me from John Cain (Deliver) together with the sum of five pounds British.
Also, to my son Thomas Joshua Graves xxx pounds British and my part or share of the houses, concerns and appurtenances wherein I now reside and which I myself now occupy commonly called Nicholsons house and Thomas Quays house and concerns, provided he the said Thomas Joshua Graves will allow and permit his brothers John Graves and Henry Graves, whoever of his brothers may carry on the shop keeping business peaceably to possess and occupy the whole of the said premises until the said Thomas Joshua Graves shall attain twenty one years, they paying to him thereof the annual rent of five pounds and five shillings British.
Also, to my daughter Margaret Graves I leave, devise and bequeath my part or share of the house and garden near the crop called John Fairbrothers house and garden, together with the appurtenances thereunto belonging, and also the bed, bedding and cotton hangings and a spare mahogany table in the room over the parlour.
Also, to my son Charles Graves I leave, devise and bequeath on half or moiety of the house and concerns which I purchased from John Cain of Largydoo, the other half or moiety thereof being settled by me on his mother. And I likewise further bequeath to him the sum of twenty five pounds British.
Also, to my daughter Ann Graves I leave, devise and bequeath my house adjoining the Churchyard wherein Mary Witham now resides and its appurtenances, together with the sum of twenty five pounds British.
Also, in case of the decease of any of my said children by my former wife before marriage or the age of twenty one years, my will and desire is that the legacy or legacies bequeathed to such child or children dying as aforesaid xxx become the property of the survivor of the said children. And it is likewise my will and desire and I do hereby direct that in case either of my children by my present wife should depart this life before the age of twenty one years the legacy or legacies bequeathed to xxx child or children by my present wife dying as aforesaid shall become the property of the survivor or survivors of them.
Also I give, devise and bequeath to my two eldest sons namely John Thomas and Henry Graves equally betwixt them and xxx of lands purchased by me from the xxx of Daniel Clarke late deceased, and likewise the house adjoining the house and concerns that was purchased from John Cain of Larghydoo xxx they to pay the purchase money of the said xxx. And I do also devise and bequeath to them my said sons John Thomas and Henry Graves all the rest, residue and remainder of my real and personal Estate and Estates of what denomination or description soever, and also the issues and profits of the legacies of their brothers and sister by my said former wife until they xxx to support and maintain themselves provided that the said John Thomas and Henry Graves will reside in Peeltown aforesaid, carry one the shop keeping business and support, educate, clothe, and maintain their said brothers and sister until they are severally able to support and maintain themselves as aforesaid. But it is my will and desire that in case they the said John Thomas and Henry Graves should declare and carry on the shop keeping business in the said Town, and to educate, clothe, and maintain their said brothers and sister as aforesaid then the said lands, house, residue and the said issues and profits of the said legacies to go to and become the property of such of my children by my said former wife as will reside in the said xxx carry on the said business and educate, clothes and maintain the said children as aforesaid. And I do recommend to my wife and children to reside together as long as they think xxx their mutual comfort, convenience and advantage so to do.
And lastly, I do nominate, constitute and appoint Robert Farrant of xxxby Esquire, and the Revd John Bridson of Marown guardians and supervisors of my children under age, and likewise executors in trust of this my last will and testament. In testimony whereof I have hereunto subscribed my name this sixth day of November in the year of our Lord one thousand seven hundred and ninety seven. [signed his mark] Henry Graves, [signed] Judith Graves. Witnesses: Thomas Costain, Patrick Cannel.
In addition to my will made this day, I leave and bequeath to my daughter Jane Graves my concerns in Peeltown, lately purchased from Joseph Cannell together with the sum of thirty pounds British and in case of her death before marriage or the age of twenty one years that the said legacy is to go and be applied in the same manner as the legacies left to the children of my present wife share and share alike. And my further will and desire is and I hereby direct my said son John Thomas Graves to xxx and permit my brother William Graves to occupy and enjoy the house he at present lives in during his natural life, otherwise in default thereof I hereby leave and bequeath unto the said William Graves the sum of three pounds three shillings British yearly and every year during his natural life as witness my subscription or mark this 16th day of February 1797. [signed his mark] Henry Graves.
At a Ecclesiastical Court holden in the Court house in the Parish of Kirk Patrick on the first day of December in the year of our Lord one thousand seven hundred and ninety seven: Thomas Costain and Patrick Cannell the subscribing witnesses to the before going will and codicil deposed on the holy Evangelists that Henry Graves the Testator when of sound and disposing mind, memory and understanding duly signed published and declared the xxx as and for his last will and testament and that they at his request did in his presence and likewise in the presence of each there subscribed their names as witnesses thereto. Whereupon Robert Farrant Esquire and the Reverend John Bridson the guardians and executors in trust therein and thereby named and appointed were sworn to xxx into the Episcopal Registry a full true and perfect inventory and accounts sale of all the goods rights credits chattels and effects of the said Testator to pay all his just debts and legacies so far xxx as his goods and effects extend and the Law bind them to take care that his children under age sustain no injury in their person, tuition or education and to render a faithful and just account of their administration of his Estate when xxx to lawfully required had to these ends they have given pledges in form of Law namely John Bell of Kinnaa of the Parish of Kirk German yeoman and Thomas Costain of Peeltown shop-keeper.
To the Revd. Ewan Christian Vicar General of the Isle, the humble Petition of John Bridson & Robert Farrant, Sheweth, that Henry Gawne of Peeltown merchant, departed this life on or about the 8th day of November Instant, and that previous to his decease he made his last will and testament in writing and thereof appraised your Petitioners executors in trust and guardians of his children; That the said deceased effects in a perishable condition and require immediate attention; Wherefore, your Petitioners humbly pray that Your Reverence will appoint xxx day to receive the probate of the said will and to swear them executors thereof and your Petitioners will pray etc.
Peeltown 25th November 1797, ordered that the before going Petition do come in to be heard at Ecclesiastical Court to be holden at the Court House in the Parish of KK Patrick, Friday next whereof all proper parties and persons to have due notice. By virtue of the authroity of the Revd. Evan Christian Vicar General, I have charged William Graves, Judy Graves, Patrick Cannel, and Thomas Costean of Peel to appear before you Reverences in the vixxxrial house in KK Patrick on Friday next by ten oclock in the forenoon to answer the suite of John Bridson & Robert Farrant. This I aver this 27 of November 1797, [signed] John Shimmin, Sumner of KK German.
Dear Sir, Mr. William Leece of the town of xxx having some time ago informed me that xxx a demand against the Estate of the late Henry Graves of the Town of Peel, and that through neglect he had omitted to take out a xxx from your Registry to establish the xxx demand; and that upon his lately appearing for a claim it was refused unless with the consent of one or both of the executors, I xxx therefore so far as it concerns me allow of xxx to grant said Mr. Leece a claim, and take no advantage of the lapse of time to deprive him of a just and fair demand. I am, Dear Sir, your affectionate brother, John Bridson. Marown, July 29th, 1800.
To the Revd. Evan Christian and John Coitter[?] Receiver General of this Isle, The humble Petition of the Revd. John Bridson and Robert Farrant Executors in trust for the last will and testament of Henry Graves late of Peel deceased; Sheweth, that sundry claims a very considerable amount have been entered and proved against the Estate of the said Henry Graves and several foreign claims and xxx have been entered and still remain undisposed of; that your Petitioners have been and still are exerting their best xxx endeavors to bring the forward the settlement and discussion of the said claimers so remaining undetermined and to arrange and adjust the said Estate of the said Henry Graves but our Petitioners are unable to accomplish the same or to ascertain whether or not the said Estate will be insufficient to pay and satisfy the xxx of the debts due and xxx thereby; xxx xxx xxx principles several of thexxx of the Estate of the said Henry Graves are said xxx owing to enforce xxx judgments against your Petitioners; Wherefore, your Petitioners most humbly pray a xxx of this Petition at our next Consistory Court and that in the meantime the said orders or judgments granted against your Petitioners may be stayed and suspended and your Petitioners shall pray etc. etc etc. Ordered that the before going Petition do come on to be heard at a Consistory Court to be holden in the Court House in the Parish of KK Michael on the last Thursday in the month of May next, and that in the meantime all orders, decrees or judgments of the Ecclesiastical Court against the Petitioners be stayed and suspended whereof all proper parties and persons to have due notice. Given at KK Patrick 23rd April 1799. [signed] Ev. Christian.
At a Consistory court holden at Kirk Michael on the 30th day of May 1799: The before going Petition having come on to be heard in the presence of the petitioners attorney and also of the attorney of some of the principal creditors of the Estate of the said Henry Graves and no sufficient reason appearing to the Court for suspending to a further period the distribution of the said Estate among the claimants, it is therefore hereby ordered adjudged and decreed that in case the effects of the said Henry Graves are not sufficient for the full payment and satisfaction of his debts already claimed and proved, the Revd. Thomas Cubbon Archdeacon Register do forthwith ascertain penny pound[?] like the respective dividends of the Claimants who have established their claims against the estates of the said Henry Graves, and that the Petitioners do pay the said dividends upon their entering into a bond under a reasonable penalty to refund so much of the said estate will make all the Creditors thereof alike in case an more claims shall be entered and proved against the same. And it is likewise thereby further ordered adjudged and decreed, that in case the said effects are sufficient for the full payments of all xxx present claims established against the said xxx the Petitioners do forthwith pay the same upon the Claimants entering into a bond as aforesaid xxx this sub preesia juris with all fees. [signed] John Crellin.
see Graves Family