Will of William Clucas, 1797
Will of William Clucas, 1797This example, courtesy of Shirley C. Hogensen and Donna Douglas, demonstrates the large amount of useful family history that can be found in wills and the various probate documents found with them.
William Clucas 1797The humble petition of Ross McKissack of Castletown Sheweth:
That William Clucas of the parish of Rushen hath lately departed this life. That Joney Clucas the widow of the said William Clucas hath also lately departed this life intestate and without issue.
That your petitioner is one of the next of kin of the said Joney Clucas hath been duly appointed and sworn administrator pendenti lite of all and singular the goods chattels, credits, and effects which were of the said Joney Clucas, but that no person hath been yet appointed or sworn executor or administrator of the estate of the said William Clucas deceased and that in consequence thereof your petitioner cannot dully discharge the duties of his said administration. Your petitioner therefore humbly prays for a hearing hereof and that such proper person or persons may be appointed and sworn executor or administrator of the said William Clucas as to your Reverence may seem meet and your petitioner will pray Thomas Allen for petitioner
Ordered that the beforegoing petition do come on to be heard before me at an Eccl Court to be holden in the Court House in the parish on Friday next whereof all proper parties and persons to have notice.
Given at KK Patrick 25th May 1797. Evan Christian
I do hereby certify that I have lawfully charged Thos Clucas of Port St Mary the supposed executor of the within Wm Clucas as also Wm Clucas his brother to appear before your Reverence at an Ecclesiastical Court at ten o'clock in the forenoon at the Court House in KK Patrick on Friday next to answer the suit of the within petitioner.
This the 25th day of May 1797, John Christian my x mark
At KK Patrick 26th May 1797
Continued until Friday next.
Ev Christian. In the name of God Amen.
I William Clucas of Port St Mary in the parish of Rushen being weak at present in body but of a sound mind and memory and calling to mind the uncertainty of human life do make this my last will and testament (hereby revoking all former wills) in manner following. First I commit my soul to God who gave it in hopes of a happy resurrection thro Jesus Christ my Saviour and my body to Christian burial. To my eldest son and heir Thos Clucas I leave and bequeath the tythes of Port St Mary which were purchased from his Grace the Duke of Atholl. Item I leave and bequeath to my sons namely Wm, Henry, Nicholas, and Daniel Clucas the sum of one hundred pounds to each and everyone of them respectively; one half of the said sum being fifty pounds for each to be paid to each and to every individual of them by the executor hereafter mentioned in a twelve months time after my decease.
And the remaining part of the said hundred pounds for each to be paid at the expiration of five years afterwards having their mother's bequest or legacy included in their respective sums of one hundred pounds they quitting all the right title and claim they may have to the tythes within mentioned.
Item I bequeath to my son John Clucas an hundred pounds currency, the said sum to be deposited in the hands of my eldest son Thos Clucas for his diet and cloathing during the said John Clucas's life and afterwards the said hundred pounds to become solely the right and property of my eldest son Thomas Clucas, the said hundred pounds includes the legacy bequeathed him by his mother, he likewise quitting all right or claim he may have to the tythes aforesaid.
Item to my wife Joney Clucas I leave two heifers, one a brown and the other black with a white head, as also the heifer which calved last year and likewise two feather beds with their cloathes.
Item for the poor children of the parish I leave five pounds to be put upon interest to be taken care of by the Vicar and Wardens of the said parish and the interest accruing to be paid a qualified schoolmaster for teaching and instructing some poor children.
Lastly I constitute and appoint and also nominate my eldest son Thomas Clucas sole executor of all my goods chattels and effects moveable and immoveable of what kind or nature soever.
Wm Clucas my x mark
Witnesses present: John Clague William Kelly
At an Eccl Court holden in the parish of KK Patrick 2nd June 1797. The executor is sworn in court in form of law and hath given pledges for the payment of debts and legacies namely the Revd John Clague Vicar of Rushen and Basil Quayle of KKMalew Esq.
Probatum est Ev Christian
I Henry Clucas one of the legatees named in the beforegoing will do acknowledge to have received from my brother Thomas Clucas the executor named in the said will the sum of one hundred pounds being a legacy left unto me in the said will and hereby exonerates, acquits, and discharges the said executor his heirs executors, administrators, and assigns same and every part thereof.
As Witness my subscription this 30th Jan 1800. Before me Wm Kewley Epl Reg
Henry Clucas William Clucas acknowledges to have received from his brother Thomas Clucas the executor within named the legacy of one hundred pounds bequeathed to him in the within will of Wm Clucas deceased and exonerates, acquits, and discharges the said executor his executors, administrators, and assigns of the same and every part thereof.
As witness his hand this 2d day of Jan 1804.
Wm Clucas Before me Wm Kewley D EplReg
I Daniel Clucas late of the town of Liverpool but now of KirkChrist Rushen in the Isle of Man do acknowledge to have received from my brother Thos Clucas of Port St Mary in the said parish the sum of one hundred pounds being a legacy bequeathed unto me the said Daniel Clucas by my father's last will and testament bearing date April 25 1797 and do hereby acquit, exonerate, and discharge the said Thos Clucas my father's executor of the said legacy of one hundred pounds and do hereby acknowledge to have received the said sum and am well pleased and satisfied that the above legacy be cancelled on the Registry at Kirk Michael this the seventh day of March one thousand eight hundred and eight.
Daniel Clucas
Witnesses present John Clague William Clucas
The above named Daniel Clucas acknowledged this receipt and discharge to be his proper act and deed before me John Lace.
I do hereby certify that I have lawfully charged Thomas Clucas, Wm Clucas, Henry Clucas, Nicholas Clucas, and Danl Clucas defendants and The Reverend John Clague and Wm Kelly witnesses of the parish of KK Rushen to appear before our Reverence at an Ecclesiastical Court at ten O'clock in the forenoon at the Court House in KK Patrick on Friday next to answer the suit of Ross McKissack and others plaintiffs. This the 30th day of May 1797 John Christian my x mark Sumner.
The humble petition of Ross McKissack of Castletown administrator pendente lite of the estate and effects of Joney Clucas of KK Christ Rushen deceased. Sheweth: That the said Joney Clucas sometime ago departed this life intestate and without issue and having survived her late husband William Clucas was the time of her decease entitled to a moiety of the goods, rights, chattels, credits, and effects which was of him the said William Clucas deceased. That your petitioner in the capacity aforesaid is fully authorized and empowered to administer the estate of the said Joney Clucas yet notwithstanding the ------ William Clucas of the parish aforesaid son of the said William Clucas deceased hath possessed himself of sundry goods, rights, chattels, property and effects of and belonging to the said Joney Clucas and hath actually refused to deliver up the same to your petitioner or to render a just and fair account unto him in respect to the same. Your petitioner therefore humbly prays that your Reverence may be pleased to order a hearing of this petition and that the said William Clucas may be compelled to yield and deliver up all and singular the goods, rights, credits, chattels, and effects of what description and sort whatever the property and belonging to the said Joney Clucas as aforesaid which came to his knowledge power possession unto your petitioner and that he the said William Clucas may upon oath be ordered to render a just and perfect account respecting the same that your petitioner may thereby be enabled to appraise and inventory the said goods and effects for the benefit of the several persons entitled to the same and that the said William Clucas maybe ordered to pay unto your petitioner his costs and your petitioner shall pray. Ordered that the beforegoing petition do come on to be heard before me at an Eccl Court to be holden in the Court House in this parish on Tuesday next whereof all proper parties and persons to have due notice. Given at KK Patrick 29th August 1797.
Ev Christian. At KK Patrick 5th Sep 1797 continued until Thursday next to be heard at this place.
Ev. Christian.
The humble petition of Wm Clucas of KK Christ Rushen.
Sheweth: That Joney Clucas of this parish widow deceased sometime ago departed this life but previous to such her decease did deliver unto your petitioner her the said Joney Clucas's keys and did at the same time give and grant unto your petitioner all the goods property and effects which belonged to the said Joney Clucas to Hold unto your petitioner as his own absolute property in case the said Joney Clucas should not recover of her then illness of then indisposition. That the said Joney Clucas soon afterwards departed this life without revoking or altering the said grant and without making any other disposition of her property by means whereof your petitioner charges that he is entitled to the whole of the goods property and effects which were of the said Joney Clucas deceased. That your petitioner hath notwithstanding the premises been summoned to appear before your Reverence at the suit of Ross McKissack administrator pendeti lite of the goods and effects of the said Joney Clucas for the purpose of compelling your petitioner to deliver up the goods between Ross McKissack petitioner and Wm Clucas Defendant and Thos and Wm Clucas petitioner and the said Ross McKissack.
Disposition of witnesses taken the 14 day of Sep 1797 on the part of the said Ross McKissack Thomas Cubbon of Castletown being sworn and examined deposeth and saith that he knows the parties and knew Joney Clucas of Rushen widow deceased. That upon the Sunday on which the said Joney Clucas died as the defendant understood the deponent had a conversation with the defendant Wm Clucas that the said Wm Clucas in such converation informed the deponent that he was proceeding to the house of Geo Quayle of Castletown for the purpose of receiving directions of instructions with respect to the funeral of the said Joney Clucas that the said Wm Clucas also informed this deponent that the said Joney Clucas had made no will unless there was a will in favor of W. Quayle or some of this family that some days afterward the dep had another conversation with the said Wm Clucas that the said Wm Clucas on such last mentioned conversation informed the dep that the said Joney Clucas had delivered her keys to him the said Wm Clucas and desired him to take care of the property.
That the said Wm did also inform the dep that he the said Wm Clucas had been advised to any right to the effects of the said Joney Clucas in consequence of her having deliver her keys to him as aforesaid and to endeavor to retain the possession of her effects to his own use.
And being cross examined on the part of the said Wm Clucas saith that the said George Quayle is related to the said Joney Clucas deceased and the said Joney Clucas was very intimate in the family of the said Geo Quayle as the deponent understood. That the said Wm Clucas in the conversation hereinbefore mentioned informed the deponent that said Joney Clucas had on delivering her keys as herein before mentioned directed the said Wm Clucas to take care of her property keys and what was under them until the said Joney Clucas should call for the same.
Thomas Cubbon
Mark Hildesley Quayle of Castletown Esquire being sworn and examined deposeth and saith that he knows the parties in this town and knew Joney Clucas in the pleadings in this cause named.
That upon the Sunday on which the said Joney Clucas died the dep had a conversation with the deft Wm Clucas who had come to the house of the deponent¹s brother George Quayle to let him know that the said Joney Clucas was dead and for the purpose of getting directions respecting her funeral that the dep or his brother asked the said Wm Clucas whether the said Joney had made a will or disposition of her affairs and the dep understood from the said Wm Clucas that she had not unless there was a will in the possession of the dep or his brother that the said Wm Clucas did not then say anything of the said Joney's legacies delivery of her keys to him but that the dep recollects the said Wm Clucas expressed a wish to know from the dep and his brother whether they had in their possession any will or deed of settlement made by the said Joney .
And the dep and his brother informed him that they had not found any such will or settlement.
Mark H. Quayle
Richard Quirk of Castletown Gentleman being sworn and examined deposeth and saith that he knows the parties in this cause and knew Joney Clucas in the pleading named.
That upon the Sunday evening on which the said Joney Clucas died the dep accidently met the dep Wm Clucas who informed the dep of the death of the said Joney and that he had come to receive directions from Capt Quayle respecting her funeral.
The the dep asked that Wm Clucas whether the said Joney had made a will, to which he replied that she had not that he knew of and required the dep would accompany him to Capt Quayles to know whether there was a will of the said Joney in the possession of that family. That the dep accompanied him accordingly but does not recollect exactly what passed there but heard Capt Quayle give him directions to or advise to conduct the funeral in the same way as he had done his fathers (that the said Wm Clucas asked Capt Quayle whether there was a will meaning a will of the said Joney) in his possession.
Richard Quirk
Margt Savage being sworn and examined deposeth and saith that she know the parties and knew Joney Clucas in the pleadings in this cause named.
That the dep was in the room where the said Joney lay, on the Saturday before her death that the dep heard the dep Wm Clucas recommend to the said Joney to pray for her soul as she was not likely to be long in this world that the said Wm Clucas also observed to the said Joney that when this was gone all his friends would be gone that Sarah Teare wife of Wm Teare was likewise present that the said converation was in manks. That the dep never heard the said Wm Clucas ask the said Joney for a feather bed nor did the dep every tell the said Sarah Teare or any other person to his knowledge that she had heard that said Wm Clucas ask the said Joney for a feather bed.
Mary Savage her mark.
Sarah Tear being sworn and examined deposeth and saith that the dep knows the parties and knew Joney and was well acquainted with Joney Clucas in the pleadings in this cause named.
That the dep hath heard the said Joney say that the Plaintiffs Ross McKissack was her sister¹s son that the dep hath heard the said Joney say that the Clucases had gotten enough of her property. That the dep was in the room when the said Joney say on the Friday before her death.
That the dep was requested by some of the family (she thinks it was by the said Joney's stepdaughter in law) to go and recommend to the said Joney to make a will.
That upon that occasion the dep asked the said Joney what they were of --------her about to which she the def Wm Clucas and his brother Harry replied that they had been plaguing her to make a will.
The the dep then asked her to whom she intended having her property and she made no answer.
That the said Wm Clucas was very attentive to the said Joney in her last illness but the dep cannot say that he was more so than this brother Harry.
That the dep hath heard the said Joney say that if the said Ross McKissack was good himself he should have many a thing from her.
That the said Ross McKissack came to see the said Joney in her last illness and the dep on that occasion heard the said Joney say There is Ross McKissack the drunken fellow. He shall have nothing of mine to drink.
Sarah Tear Taken by and before me Ev Christian
Depositions of witnesses taken in the said causes on the part of the said Wm Clucas the 5th day of Sep 1797.
Ann Lindesay of Port St Mary widow being produced sworn and examined deposeth and saith that she knows the parties in this cause and knew Joney and was well acquainted with Joney Clucas in the pleadings in this cause named and attended her as a nurse tender in her last illness that during such her last illness she the said Joney Clucas was requested to make a will whereupon she declared that she would not make a will but that she would give all that she had to them that would take care of her and see her decently buried.
That some short time after making such declaration and a day or two before she departed this life the said Joney Clucas sent for the defendent Wm Clucas and desired the defendent to give her the said Joney Clucas her pockets and the said Joney Clucas did then and there take all her keys out of the said pockets and did deliver the same to the said Wm Clucas declaring at the same time that she gave him the keys and all that belonged to her in the world and that he was to keep the same until she would call for them herself and desired him to be careful not to deliver the said keys to any body until she would call for them herself that from what passed upon the said ----- the dept was of opinion that the said Joney Clucas intended thereby to make a gift of all her property in favor of the said Wm Clucas in case she should not recover of her siad illness. The the said Joney Clucas appeared to the dep at the time of the whole of this said transaction to be of sound perfect and disposing mind memory and understanding.
The the dep attended the said Joney Clucas constantly from the time of the said transaction until her death.
And the said Joney did not to the knowledge or belief of the dep express any intention or desire to revoke or alter what she had said or done upon the delivery of the said keys as aforesaid. And the said Wm Clucas remained in possession of the said keys to the time of the death of Joney as appeared to the deponent and took upon himself the management of her funeral.
That the said Joney Clucas was a widow at the time of the delivery of the said keys as aforesaid and being cross examined on the part of Ross McKissack deposeth and saith that the said Joney Clucas departed this life of a Sunday between twelve and one o'clock that to the best of the deponents recollection as to the time the said keys were delivered as aforesaid upon the Saturday preceeding. That during the said illness the dep did not previous to the time of delivering the keys observe the said Joney Clucas to rave except when she would be coming out of a doze or sleep.
That she raved a good deal upon the night of Saturday aforesaid and well much worn on Sunday.
That it was about the middle of the day when the said keys were delivered as aforesaid to the best of the dep recollection. Being examined by the court saith that the said Wm Clucas at the time of the delivery of the said keys aforesaid resided in the same house with the said Joney Clucas.
And there was no other person residing in the said house at the said time excepting the said Wm Clucas, his brother John Clucas and the servants that the said Wm Clucas was the said Joney's stepson that the said Joney had no issue.
Ann Lindesay her mark
Catherine Keig of kK Christ Rushen spinster being produced sworn and examined deposeth and saith that the deponent knew and was well acquainted with Joney Clucas in the pleadings in this cause named and was a servant to the said Joney Clucas during the time of her last illness that and during such her illness she the said Joney was requested to make a will on which she declared she would not make a will but that she would give all she had to the persons who would take most care of her should have all that she had that upon the Saturday before she died the said Joney Clucas sent for the defendant Wm Clucas and desired the former witness Ann Lindesay to hand her the said Joney's her pockets to her which the said Ann Lindesay did accordingly and the said Joney Clucas did thereupon take her keys out of the said pockets and delivered the same to the said Wm Clucas declaring at the same time that she gave him the said keys and all that belonged to her until she herself would call for them.
And the said keys were so delivered and the said declaration make in presence of the said Ann Lindesay, Jane Crellin, and the deponent .
And the said Joney Clucas appeared to the deponent to be of sound mind and memory at the time of the said transaction.
And it appeared to the deponent that the said Joney Clucas did thereby mean and intended to give all her property to the said William Clucas in case she did not recover of her said illness.
That soon after the delivery of the said keys as aforesaid the said Wm Clucas quitted the room and the said Joney shortly after his so quitting the room the said Joney desired the dept to call the said Wm Clucas upstairs and there upon she told him that he was to give a shift a piece to women servants in the house off a certain web in a chest or trunk which she particularly described but did not say at what time the said shifts were to be given.
That the said Joney Clucas appeared to the deponent in the time of her last illness to have a great affection and regard for the said Wm Clucas than for any other person.
And the said Wm Clucas appeared to the dep to be more tender affectionate and attentive to the said Joney Clucas in her last illness than any other person. And being cross examined on the part of Ross McKissack deposeth and saith that the deponent did not observe the said Joney Clucas to be raving until the day on which she died. That the dep saw her several times on the Saturday night preceeding and that she was into raving during any the times that from the time of the death of Wm Clucas the elder to the decease of the said Joney there was no other person resident in the house with the said Joney exceptively the said Wm Clucas, John Clucas his brother and the servants.
That the said Wm Clucas was the said Joney Clucas's stepson.
And the said Joney had no issue.
That the dep hath not received a shift as directed by the said Joney Clucas as aforesaid.
And the dep hath not applied for the same not knowing to whom to make such application.
Catherine Keig her x mark
Jane Crellin of KK Christ Rushen spinster being sworn and examined deposeth and saith that she knew and was well acquaited with Joney Clucas in the pleadings in this cause named and the dep was servant to the said Joney in her last illness.
That on the Saturday before the said Joney died the deponent was present when the said Joney delivered her keys to the defendant Wm Clucas and at the same time declared that she gave him the said keys and all that belonged to her until she herself would call for them. And the said keys were so delivered and the said declaration made in presence of the dep and of Ann Lindesay and Jane Crellin the former witnesses. And the said Joney Clucas appeared to the deponent to be of sound mind and memory at the time of this transaction.
That it appeared to the deponent that the said Joney Clucas thereby meant and intended to give all her property to the said Wm Clucas in case she did not recover of her said illness. That the said Wm Clucas appeared to the dep to be very affectionate and attentive to the said Joney in her last illness.
And she appeared to the dep to have a greater regard and affection for him the said Wm Clucas in the time of her last illness than for any other person. That John Clucas before named who resided in the house with said Joney as aforesaid and Thos Clucas and Henry Clucas brothers of the said John and Wm who frequently called to see the said Joney in her illness were all in the saisd house at the time of the delivery of the said keys as aforesaid to the best of he deponents knowledge and belief.
That the defendent Wm Clucas was the said Joney Clucas's stepson.
That the said Joney had no issues. And being cross examined on the part of the said Ross McKissack saith that the before named John Clucas was afflicted with a palsy at the time of the transactions aforesaid but was not thereby confined to the house nor impaired in his intellect that the dep never observed the said Joney Clucas to be raving before the time of the delivery of the keys to the said Wm Clucas aforesaid.
Jane Crellin her x mark Taken by and before me Ev Christian.
John Clague, Clerk, Vicar of KK Christ Rushen being produced sworn and examined deposeth and saith that he knows the parties in the said causes and knew and was well acquainted with Joney Clucas in the pleadings in this cause named.
That a few days before the death of the said Joney Clucas the dep was sent for to write a will for the said Joney Clucas.
That the dep did accordingly upon the Friday next before her death call upon the said Joney Clucas and did recommend to her to make her will which she declined doing. That upon the next day Thos Clucas called upon the deptand told that she Joney had sent for the dep to come and make her will.
And the dep waited on her accordingly and after a short time the dep introduced the subject of her will and recommended to her to make one which she declined doing, observing that she found herself much better that day and would dep wait making her will until Monday.
That the said conversation took place between two and three oclock on the said Saturday and this said Joney appeared to the dep to be then of sound mind and undertanding. The the said Joney Clucas died upon the next day which was Sunday. That the dep hath heard that the pltf Ross McKissack was the nephew of the said Joney Clucas.
That within a few days after the death of the said Joney Clucas the defendent Wm Clucas waited on the deponents with the form. Witnesses Ann Lindesay and Jane Crellin and requested the dep to take down the substane of a declaration which he alledged to have been made by the said Joney Clucas with respect to the disposition of her property and asked the dep¹s opinion whether the same amounted to a nonrecupative will.
That the dep having heard from the said witnesses what they had to say respecting such declaration gave him opinion that the same did not amount to a will, but recommend to the said Wm Clucas to apply to some person of the law respecting the same.
That to the best of the deponents recollection and belief the account which the said witnesses then gave to the deponent of the said transactions as the same in purport and substance with the evidence which they have this day given in court respecting the same the dep having been present in court during the whole time of their giving such evidence.
That the dep hath heard that the said Joney Clucas had at the time of her decease several poor relations. And being cross examined on the part of the said Wm Clucas deposeth and saith that the dep knows the former witnesses Ann Lindesay, Jane Crellin, and Catherine Keig who are the deponents parishioners.
And that they are severally persons of credit for any thing the dep know to the contrary.
John Clague.
Dominique Lamothe of Castletown surgeon being sworn and examined deposeth and saith that he knows the parties in this case . And knew Joney Clucas in the pleadings in this cause named. That the dep visited the said Joney Clucas in her last illness the day proceeding her death and had a conversation with her respecting the making of her will and the the deponent recommended to her to make a will to which she replied she would make on when she got better that the dep respectively recommended to her to make her will then and told her that she probably would never have another opportinunity of doing so but she still declined it.
That such conversation happened about ten o'clock in the forenoon.
That it was at the general request of the family namely Thos Clucas, Henry Clucas, the defendents Wm Clucas and the former deponents Ann Lindesay, that the dep recommened it to the said Joney Clucas to make her will but the dep did not inform the said Joney Clucas that it was at their request he so recommended it. That upon the next day Sunday the dep visited the said Joney Clucas and the defendant Wm Clucas then told the deponent that the said Joney Clucas had given him her keys since the dep was last there. To keep until she herself would call for them. Which converations happened previous to the death of the said Joney Clucas. And being cross examined on the part of the said Wm Clucas deposeth and saith that when the deponent visited the said Joney Clucas on Sunday as aforesaid the dep asked the said Wm Clucas whether Parson Clague had been sent for to make Joney's will to which he replied that Parson Clague had been sent for and that she had declined making a will but that she had delivered him the keys in manner mentioned in the deps examination in chief that at the time the dep visited the said Joney Saturday as aforesaid the said Joney appeared to the dep to be of sound and perfect mind memory and understanding.
Domique LaMothe.
Property and effects which belonged to the said Joney Clucas deceased wherefore your petitioner prays a hearing of this petition and that the same said the cause instituted by the said Ross McKissack may be considered as a cause and a cross cause and come or to be heard and determined at one o'clock the same said together and that the said grant made by the said Joney Clucas in favor of your petitioner may be considered and adjudged a good legal and sufficient grant and that your petitioner my be quited in the possession of the goods, property and effects which were of the said Joney Clucas deceased and your petitioner shall pray.
[A required apology arising from this case appears in Parson Clague's Forms Book]
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