Philip said,
I don't know what the legal position was on the Isle of Man at that time
when a couple make a joint will, one of them dies, and the survivor makes a
new will. That is what we seem to have here, but to make your scheme work,
Averil, we would have to say the following.
Despite the lack of subsequent reference to distinct halves of Gob-ny-Scoute,
in fact the two halves did not come together in the period we are looking at.
The half that John L and Margaret Kelvie settled on their son Daniel in their
joint lifetime stayed with him. Either his brother John released him from his
obligation to pass it over on their mothers death, or after nearly thirty
years everyone had forgotten that that was what was supposed to happen. Daniel
then left that half to his son John (1770), and it was that John who belatedly
married Isabel Camaish.
Averil replied,
Yes – I agree
As for the other half, which had also been intended for Daniels brother
John, that half passed not under the earlier joint will but under the document
of January 1798. That had the effect of passing the whole of Margaret Creetch
als Looney als Kelvies estate to her youngest son, Ewan, one half
immediately on 7th January, and the other half when she died, later the same
year (by October, which did not leave Margaret enough time to become
dissatisfied with Ewan). Then when Ewan died, in 1850, his half of GnS passed
to his son George, which explains how he came to have it when Woods Atlas
was compiled, in 1867, without having to invoke the rather dubious theory of
land of inheritance.
Averil replied,
Yes – I agree
The other half of Gob ny Scoute which had also been intended for Daniels brother John, at the death of the longest liver – Margaret Creetch als Looney als Kelvin.
has been given to Ewan Looney and then descended to George Looney his son.
Philip said,
Constance Radcliffe was misled by the joint will of John L and Margaret Kelvie
into thinking that GnS passed to their son John,
Averil replied,
yes - Constance Radcliffe was misled.
Philip said,
and that he was therefore the one that married Isabel Camaish.
Averil replied,
No - John Looney 1745 married Margaret Hutchen.
Philip said,
There are three possible further pieces of evidence that could bear that out,
that we have not yet seen, as follows.
Woods Atlas refers to George Looneys Intack no. 96, (Gobneskeate)
Maughold 96t 12 2 13 (your posting 20/8/2011, 11:25 am). Does the Atlas have
any other intack nearby also called Gobneskeate, or something like it?
Does Daniel Looneys 1826 will pass his GnS to his son John?
Averil replied,
Daniel Looney Will 1826 is being posted next.
NSS Maughold
Daniel Looney and Isabella
his wife
To
Robert Looney
October 1823 Sale 42
Know all men by these presents that I Daniel Looney of the
Crow Creen in the parish of KK Maughold by and with the consent
of Isabella Looney otherwise Casson my wife Testified her being
a Party hereunto and Executing these Presents Divers good
Causes and Considerations us hereunto moving but Cheifly
And more especially For and in Consideration of the
Natural love affection and Parental Regard we have
and do bear towards our dutiful and well beloved son
Robert Looney for the many different Services Render by
him to us And further in Consideration of the Just and
full Sum of One Hundred and two Pounds good and
lawfull money According to the Currency of Great britain
two Pounds of which is already paid to us at the execution
whereof the Receipt hereof is hereby Acknowledged and the
Remaining Hundred to be paid at by our said son Robert
at his attaining Possession of the here after mentioned premises
Have therefore Given Granted Bargained Confirmed and Sold
And by these presents do give Grant bargain Confirm and
for ever absolutely Sell unto hin the said Robert Looney
All and Singular Our whole Right title and interest of
in And Unto Our present Estate of the said Crow Creen as
well Quarterland and intack Situate in the said parish
of KK Maughold with the Houses buildings Hagyard Gardens
and all other edifices made and erected on the same the Whole
of the said Tenement bearing the annual Lords Rent of
Seven shillings and One penny or thereabouts From me
the said Daniel Looney and Isabella my wife Our Heirs Execs.
admons. and Assigns. To Have and to hold unto our said son
Robert Looney his Heirs Execs. Admons. and Assigns the premises
aforesaid and every individual Part and Member of the same
and to Commence Possession of the One moeity thereof emediately
at the death of his said Father Daniel Looney and the Other
half or moeity at the death of his said mother Isabella Looney
with all its ways Waters Water Courses Easements liberties
Rights Members And Appurtinances to the said Premises belonging
or in Any wise Appurtaining He the said Robert Looney his
Heirs Exors. admons. and Assigns Yeilding and paying the
Chief Lords Rent And doing paying and performing all other
Boons Suits and Services yearly incumbent and Chargeable
on the said Sold premises And the said Daniel Looney
and Isabella my wife engaging Ourselves to be Vested with
full Power to execute this deed And do hereby Awarrant
Uphold Maintain and define him the said Robert Looney his
Heirs Exors. admons. And Assigns in the Peaceable and [unmolested]
Possession of the hereinby granted and Sold Premises Against
the Right Claim Challenge or demand of all persons what or
whom soever Any thing herein before Contained to the Contrary
Notwithstanding - And for the true and faithfull
performance of all and Singular the Premises aforesaid
I the said Daniel Looney and Isabella my wife Do hereby
bind and Oblige Ourselves Our Heirs Exors. admons. and
Assigns in And Under the Penalty and forfeiture of Two
Hundred and four Pounds british to be Levied and Paid
According to Law and practice within this Isle – As
Witness Our Several Subscriptions or marks This the
twenty Sixth day of December in the year One Thousand
Eight Hundred and twenty One 26th decr. 1821
Daniel Looney my X mark
Isabella Looney my X mark
Signed and Delivered }
in presence of }
John Quilliam }
Wm. Quayle
At Ramsey the 13th of April 1822
John Quilliam and William Quayle the
subscribing witnesses to the beforegoing Deed of
Sale made Oath on the Holy Evangelists
that Daniel Looney and Isabella Looney his
wife the Executing Parties thereto Severally
Executed the same in their presence
Before me
Thomas A. Corlett
At a court Baron holden
at Ramsey the 22nd day of Octr.
1823 –
The execution of the foregoing Deed of Sale
having been proved before a High Bailiff
and more openly published in court and no
objection offered against it the same is therefore
ordered to be Recorded
[J Quirk]
all events in, Maughold otherwise the parish stated,
DANIEL 1745 – 12th March 1826 [Will] Son of, John Looney & Margaret Kelvie
Memorial Inscription Maughold
#W33
Here lieth the body of DANL LOONEY Grocer who depd this life March
....on 1826 aged 82 years (Broken Stone)
Daniel Looney married, Isabel Cashin 30th March 1769
Children,
1770 John Looney 14th Jan married, Isabel Camaish
1773 Robt Looney 14th March m. Jane Creer 20 FEB 1802
Jane Creer baptism 22 APR 1781 father, Wm. Creer mother, Jane Corkil
Children,
Daniel Looney 10 AUG 1802 }
Isabel Looney10 AUG 1802 } Twins
Jane Looney 04 DEC 1803
Esther Looney 16 MAR 1806
Robert Looney 27 MAR 1808
Catharine Looney 08 APR 1810
Robert Looney 18 OCT 1814 }
Margaret Looney 18 OCT 1814 } Twins
Mary Anne Looney 01 DEC 1816 LEZAYRE
Sarah Looney 24 OCT 1824 LEZAYRE
Elizabeth Eleanor Looney 09 JUN 1822 LEZAYRE
1775 Margt Looney 30th Dec
1782 Mary Looney 17th March
1785 Thos Looney 20th Feb
1789 Jane Looney 9th August m. Caley Daughter, Jane Caley (named in fathers Will)
1792 Esther Looney 6th May d. 1826 Burial, QUAYLE, Esther 16 Feb 1821
Married, Robert Quayle 05 DEC 1818
Children,
Robert Quayle 21 NOV 1819
John Quayle 04 FEB 1821