Episcopal Wills 1738 Malew #2, of Stephen Brice

(from MM EW37/GL705 / LDS 0106375 )

In the name of God amen. I Stephen Brice late constable of Castle Rushen being visited
wth sickness but of sound mind & memory make this my last will & testament.
I give & bequeath to my bro John Brice of Westmr Mercer six pence in full satisfaction
for his treatment of me these thirteen years. To my son John Quayle my silvr cane. I give
devise & bequeath to Capt Peter Bickerstaff my part of the lease of Ballalaugh House
now turned into a Malt kiln with all utensils thereunto belonging the said lease being
taken by me and John Levingston from Mr Seddon, Mrs Harley & Mrs Thompson he to enjoy
the same in as full and ample manner as ever I did myself and do hereby
constitute & appoint the said Peter Bickerstaff the sole executor of this my last will
and testament. My express desire is that the day after I am buried an exact
inventory be taken of all my goods and effects that as soon as possible publique
notice be given to all the towns in the Isle of a publique sale by way of auction
that all my goods be sold and the creditors paid immediately not taking the damned rogues
advantage of detaining poor people’s money a year. I make this apology to all my
friends fir not giving then scarves knowing my effects will not hold to do it. At my funeral
I would not have the good women forgot in what they love After I am interred I
desire my friends to return to the dining room and take a thorough dose of
punch, claret or beer after which think no more on me. I hereby
publish & declare this to be my last will & testament in presence of the subscribing
witnesses and signed by them in my presence. In witness whereof have set my
hand & seal this eighth day of March in the year of our Lord God one hundred seven
hundred and thirty seven.
The above named Stephen Brice in presence signed sealed
published & delivered the above writing to be his last will &
testament and was signed by us in his presence
John Allott, David Scott, Richard Quirk, Thomas Woods

At a Consistory court held at Balnahown 28 February 1738

Richard Quirk & Thomas Woods two of the subscribing
witnesses to the last will of Mr Stephen Brice have
now proved the same in form of law and
Mr Peter Bickerstaff the excr nominated by the testator
being required to take the oath of an executor utterly
refused to be sworne to that end and resigned
the executorship before me
John Cosnahan, Edw Moore

Admin m Jno Allot & Danl Scott the other two witnesses have departed the Island

At a Consistory Court held at Balnahown, 28 February 1739

Whereas Mr Peter Bickerstaff the executor nominated in the last will of Captain Stephen Brice renounces the executorship and acknowledging at the same time that he has intermeddled with and disposed of the assets which the testator died possessed of and sold the same at public cant having produced in his own favour a bill of sale clandestinely made by the deceased a few days before his death wherein he gives directions to pay off some creditors and has utterly omitted to mention others whom by their petitions, we presume to have as just claims.

To discourage such indirect practices and that all claimers without regard had to persons may be paid in proportion. The sumner is to apply to the Honourable Governor for his token and is hereby required to charge Mr Peter Bickerstaff to produce at our next will court to be held at Castletown on Thursday the 21^st June next ensuing a particular inventory of all the goods, chattels and effects which the testator Brice died possessed of, sold and unsold, penny and pennyworth, which he is to give in upon oath. And of this the sumner is to return certificate with this order that we can proceed further according to law

Captain Stephen Brice to John Quayle Dr

I do hereby acknowledge myself to be justly indebted unto the said John Quayle in the above sum of £35 5s British value which sum I promise and engage to repay unto him the said John Quayle upon demand being value by me received aforesaid with interest during the time he shall be unpaid. And for his further security I do assign transfer and make over to him the said John Quayle the two gold watches with gold seal and chain to one of them and the goods or furniture of my now parlour viz. a pair of pistols mounted with silver, ?? peer looking glass, a chimney looking glass, 2 pair of glass sconces, ten leather chairs, a beaurow, 17 picture prints, an oval oak table, a card table and a clock the property of all which I do by these presents vest in him by way of sale and assignment absolutely for ever to sell and dispose of the same to his best advantage as he shall think fit for and towards the payment of his said principal and interest without the least hindrance of ??? any other person whatsoever together with whatever charges and expense he shall be pout unto and if there be any surplusage over and besides the said principal interest and charges to be accountable to me foe the same but if the produce of the said goods falls short I am to be responsible according to my said obligation and I have hereby possessed the said John Quayle of the premises manifest and confirm his property therein by the delivery of the aforesaid pair of pistols besides the two watches already in his custody as livery and seizin of the whole premises. And all this in penalty of eighty pounds British to be levied and ??? according to law – 13 October 1736

25 May 1737

There remained due on this assignment £14 14s British, as appears

Received of the beforegoing assignment - £27 10s 0d

25 May 1737 Remains due £14 14s 0d

I do acknowledge to have received from Mr Allen Stanley collector the sum of £14 14s British value due to balance on the beforegoing assignment and do by these presents make over assign and transfer unto him the said Allen Stanley by and with the consent of Captain Brice testified by his signing hereafter all and every the goods and effects in the said assignment mentioned except the two gold watches chain and seal already disposed of. To hold the same in security as I might or could by virtue of my said assignment

Kirk Malew 1738