John Caine(Petitioner) of (Catherine Caine Gell Callin Caine )106402
1791 KM
The humble petition of John Caine of Barnagh in the parish of KK Michael
Sheweth that Catherine Caine otherwise Gell otherwise Callin your
petitioner's late wife sometime ago departed this life intestate and
without issue by your petitioner. That the said Catharine had issue by
Philip Gell her former husband, that is to say, three sons named James,
Philip and Patrick and two daughters named Ann and Catharine.
That in order to avoid any dispute which might arise between your part
and the children of the said Catharine his wife by her former husband
Philip Gell your petr and the said James, Philip, Patrick, and Catharine
Gell and Patrick Kelly husband of the said Ann Gell came to an agreement
respecting the estate and effects of the said Catharine Caine deceased
and the said James, Philip, Patrick, and Catharine Gell and the said
Patrick Kelly for the considerations in the said agreement mentioned
granted and released unto your petr all their right and pretensions to
the estate and effects of the said Catharine Caine as well as their right
to take out Letter of Administration for the same in the proper
Ecclesiastical Court as by the said agreement bearing date the 11th
instant may more fully appear.
That your petr is desirous to have the said agreement carried into
execution and to have Letters of Adminstration granted to your petr of
the goods and effects of the said Catharine Caine deceased.
He therefore prays that your Reverences may appoint a day for hearing
this petition and that administration of all and singular the goods
chattels and effects of the said Catharine Caine deceased may be comitted
to your petr And your petr shall pray.
Ordered that this petition do come on to be heard at a Consistory Court
to be holden at the house of Thos Quine in the parish of KK Patrick on
Thursday next the 31st instant whereof all proper parties and persons are
to have due notice - Given this 26th day of March 1791. John Moore.
At a Consistory Court holden at the home of Thomas Quine in the parish of
KKPatrick on the 31st day of March 1791 -
Upon hearing the beforegoing petition in the presence of parties and upon
consideration thereof and also upon consideration of the Articles of
Agreement therein mentioned and hereunto annexed the court do decrees the
petitioner sole administator of all the goods rights credits chattels and
effects of his said deceased wife Catharine Caine otherewise Gell
otherwise Callin and he is thereupon sworn well and truly to administer
the same to pay all her just debts so far forth as her goods and effects
will extend and the law bind him and to these ends he hath given pledges
in form of law namely Patrick Kelly son in law and James Gell son of the
said intestate Catharine Caine als Gell als Callin
Decretum est
John Moore
Ev Christian
This indenture made the Eleventh day of March 1791 between John Caine of
the Barnagh in the parish of KK Michael Yeoman of the one part and James
Gell, Philip Gell two of the sons of Philip Gell late of Kneel in the
parish of KK German and Catharine his wife both now deceased which
Catharine was late the wife of the said John Caine Patrick Kelly of
Ballacaine in the parish of KK Braddan on the behalf of Ann Kelly
otherwise Gell his wife which Ann was one of th edaughters of the said
Philip Gell and Catharine his wife Catharine Gell another daughter of
the said Philip Gell and his wife and Philip Gell a minor another son of
the said Philip Gell and Catharine his wife by the said James Gell,
Philip Gell and Patrick Kelly his guardians of the other part.
Whereas the said Philip Gell deceased did by his last will and testament
among other things devise to the said Catharine his daughter and the said
Patrick his son the sum of twenty pounds each to be paid out of the
residue of his estate and appointed Catharine his wife executrix of the
said will and residuary legatee of his estate and effects and the said
son Phillip Gell son afterwards departed this life without altering or
revoking the said will and Whereas the said Catharine the executrix soon
afterwards proved the said will the proper Ecclesiastical Court and
undertood the burden of the said will.
And whereas the said Catharine Gell widow sometime afterwards
intermarried with the said John Caine(party hereto) and hath lately
deceased intestate and without issue by the said John Caine. And whereas
certain disputes have arisen between the said John Caine and the said
James Gell, Philip Gell, Catharine Gell, Patrick Gell and Ann the wife of
the said Patrick Kelly the children of the said Catharine Caine otherwise
Gell deceased by the said Philip Gell her former husband touching the
estate and effects which the said Catharine Caine was entitled unto at
the time of her decease, And whereas the said parties have come to the
following agreement for and touching as well the right of administration
to the goods, chattels, and effects of the said Catharine Caine as for
whatever claim or demand the said James Gell, Catharine Gell, Patrick
Gell and Ann the wife of the said Patrick Kelly have or each of them hath
against the estate of the said Catharine Caine as the executrix named in
the last will and and testament of the said Philip Gell deceased her
former husband that is to say that the said John Caine shall pay unto the
said James Gell, Philip Gell, Patrick Kelly, Catharine Gell and Patrick
Gell in full satisfaction of all and singular the right, title, interest,
claim and demand whatsoever of the said James Gell, Philip Gell, Patrick
Kelly, Catharine Gell and Parick Gell of in to or against the estate and
effects of the said Catharine Caine otherwise Gell as well as the
executrix named in the last will and testatment of the said Phillip Gell
deceased as otherwise howsoever the sum of one hundred and fourteen
pounds assigning as part thereof all his right and title of in, and unto
a certain mortgage passed by William Gell deceased to the said Philip
Gell deceased for the sum fo twenty pounds bearing date the 1st day of
December 1781 and the said sum of one hundred and fourteen pounds to be
paid and distributed in manner following - the sum of forty pounds
thereof to be paid to the said Catharine Gell the sum of forty pounds to
be paid to the said Patrick Gell, the sum of fifteen pounds to be paid to
the said Philip Gell (party hereto) and the remainder thereof being
nineteen pounds to be paid to the said James Gell and Parick Kelly.
Now this indenture witnesseth that the said James Gell, Philip Gell,
Patrick Kelly, Catharine Gell and the said Patrick Gell by the said James
Gell, Philip Gell and Patrick Kelly his guardians for and in
consideration of the said sum of one hundred and fourteen pounds to be
paid unto them in manner herein before mentioned. Have and each of them
Hath granted released, transferred and assigned and by these present do
and each of them doth grant release, transfer and assign unto him the
said John Caine his executors ande assigns all and singular the right
title interest claim and demand of them the said James Gell, Philip
Gell, Patrick Kelly, Catharine Gell and Patrick Gell and said each and
every of the of in and to the goods chattels effects of these said
Catharine Caine otherwise Gell their mother deceased as well as the
executrix named in the last will and testament of the said Philip Gell
deceased as otherwise howsoever. And also the right of taking out
Letters of Administration of the goods, chattels and effects of the said
Catharine Caine and all benefit and advantage to arise there from. He
the said John Caine paying all the debts which he and the said Catharine
his wife owed at the time of her decease. And this Indenture further
Witnesseth and the said John Caine doth for and in consideration of the
above and before written grant and release, give, grant, transfer and
assign and by these present Hath given, granted, transferred and assigned
unto them the said James Gell, Philip Gell, Patrick Kelly, Catharine Gell
and Patrick Gell their executors and assigns all and singular his right,
titles, interest, claim and demands of in and unto the said Deed of
Mortgage passed by the said William Gell deceased for the sum of twenty
pounds dated the 1st December 1781. And which deceased was a part of the
residue of the estate of the said Philip Gell at the time of his decdease
To Have and To Hold the said Deed of Mortgage with the principal,
interest, costs, and charges due thereon as part of Gell in order to be
distributed between them in the proportions herein before mentioned. And
for the true and faithful performance hereof the said John Caine doth
bind and oblige himself his executors and administrators and the said
James Gell, Philip Gell, PatrickKelly, Catharine Gell and Patrick Gell do
bind and oblige themselves their executors and administrators jointly and
severally in and under the penaltly of two hundred and twenty eight
pounds to be levied according to law as witness their names the day month
and year first within written.
John Cain
James Gell
Philip Gell my X
Pat Kelly
Cath Gell
Patrick Gell
Signed and deliverd in presence of us:
John Lace
Richard Tyldesley
At a Consistory Court holden at the home of Thomas Quine in KK Patrick
the 31st March 1791
John Cain, James Gell, Philip Gell, Patrick Kelly, Cath Gell and Patrick
Gell the executing parties to the within agreement acknowledged the same
to be the proper act and deed. Before us John Moore,
Ev. Christian.
I Philip Gell of KK Braddan do hereby acknowledge to have this day
received at by and from the hands of William Caine of the Barnagh in the
parish of KK Michael the sum of fifteen pounds currency of this Isle
being in full of what is due to me for my part or proportion of the goods
of my mother namely Catharine Caine, otherwise Gell, otherwise Callin
late of the said Barnagh deceased by virture of an agreement to the
effect only executed and bearing date the 11th day of March 1791 - And
do hereby will and desire the same to be cancelled upon the Episcopal
Registry of this Isle so far as relates to my part of the said agreement.
As witness my subscription this 9th of November 1791. Philip Gell my x
mk
Witnesses:
James Gell
Dan Stephen
I Catharine Gell of KK Michael do acknowledge my self to have received at
and from the hands of William Caine of the Barnagh in the said parish the
sum of forty pounds, twenty pounds whereof being for a legacy left me by
my father and the other twenty pounds being in full of what I was to have
for my part of my mother's goods and effects by agreement. As witness my
subscription this 9th November 1791. Cath Gell
Witnesses present:
James Gell
Dan Stephen
The above Catharine Gell acknowledged the above receipt to be her
explentory act and deed and to be paid the money therein mentioned before
me.
John Crellin
Epl Reg.
It is agreed between us that Patrick Kelly shall received fourteen pounds
of the sum of nineteen pounds payable to us by John Caine of the Barnagh
KK Michael in pursuance of an agreement of this date and that James Gell
shall received only the sum of five pounds thereof. As witness our names
this 11th March 1791. James Gell and Pat Kelly.
Witness present
Richard Tyldesley
At KK Patrick 5th Nov 1791.
the said James Gell and Patrick Kelly acknowledged to have received from
William Caine the executor of the last will and testament of John Caine
of the Barnagh in the parish of KK Michael the above mentioned nineteen
pounds.
Before Me Ev. Christian