Archdeacon Wills 1771, #3, Santon, of Captain John Clucas of Maryvoar, Santon & Catharine Clucas als Quay::

"I, Captain John Clucas of Marywoar in the parish of KK Santan and Cathrine Clucas otherwise Quay my wife, being now both well advanced in years, and greatly in the decline of life, but of perfect mind and sound memory, calling to mind the uncertainty of this transitory and mortal life, do make this to be our joint will and last testament in manner following, hereby revoking all former will or wills by us made and what kind or nature soever. First, we both commit our souls to the Almighty and ever blessed God, who gave them; and our body’s to the earth to be decently buried in the Parochial Church of St. Anne aforesaid, at the discretion of our executors, as shall be hereafter named and appointed. Item, we leave and bequeath unto all five children, vizt., John Clucas, William Clucas, Isable Kelly, wife of Robert Kelly, Ann Kissage wife of John Kissage, and Cathrine Moore wife of John Moore the sum of one guinea each to be pain unto them at and upon the death and decease of the first of us or either of us. Item, we leave and bequeath unto the poor of the parish the sum of two pounds, twenty shillings whereof to be paid upon the death of the first of us, and the other twenty shillings at the decease of the longer liver, to be added to the fund already belonging to the said poor. Item, whereas we have purchased the right of the impropriate third of tithes belonging to both our respective estates and tenements of Marywoar and Ballacreggey within the aforesaid parish from his late Grace the Duke of Atholl, Lord of this Isle, it is our joint will and pleasure; and we do hereby devise and bequeath unto our said son and heir John Clucas the said third of tithes to be possessed by him at and upon the decease of the longer of us, he our said son John paying unto our executors hereafter named in consideration thereof the sum of thirty ponds, and in case the said sum of thirty pounds be not paid by him our said son within the space of one year and a day after both our decease, it is our will and pleasure that case, and we do hereby order and direct that our executors hereafter named shall hold possess and enjoy the said third of tithes afterwards as their own goods and property and to their own use and benefit as they shall respectively see, and he our said son John also accounting with our executors forever money he hath in his hands belonging to us over and above said consideration of the said tithes which he is to pay. Item, we leave and bequeath unto our said son the Revd. William Clucas, the further sum of forty pounds together with a furnished feather bed, and also unto our daughter Cathrine Moore the .. as it now stands, after the decease of the longer liver of us, and it is our joint will and pleasure that the survivor or longer liver of us is to possess and enjoy the whole of our goods and .. (see inventoried) until his or her decease, save and .. the several small legacies devised and payable at the first of our decease as aforesaid. Lastly we jointly nominate constitute and appoint our said son William Clucas, and our daughters Isable Kelly, Ann Kissage, and Cathrine Moore, joint and sole executors and residuary legatees of all the rest of our goods and effects moveable and immovable of what kind or denomination soever, and in case it shall so happen that our said son William be living abroad and out of the Island at the decease of the longer liver of us, then and in that case he is to be excluded from having any right or share with the rest of the executors in the executorship and residuum of our effects; but only to be paid his legacy of forty pounds as before devised and all which we publish and declare to be our last and joint will and testament whereof we have set our names this 28^th day of October in the year of our Lord 1770. [signed] John Clucas, Cathrine Clucas her mark. Witnesses: Thomas Moore, Thomas Moore, Thomas Fargher. 31^st January 1771: William Clucas one of the executors named in the annexed joint last will and testament of Captn. John Clucas of Marywooar deceased, and Cathrine Clucas als Quay his surviving wife, having for a certain consideration (as by the annexed agreement may more fully appear) relinquished and assigned all his right of the property and interest to his share of the residuum and said executorship unto his three sisters, Isabel Kelly, Anne Kissage, and Cathrine moore the other executors named in said will. Robert Kelly husband of Isabel, John Kissage husband of Anne, and John Moore husband of Cathrine are sworn executors in form of law . . . At Kk Arbory, December 7, 1777: John Moore of KK Santan having claim against the executors of John Clucas of said parish deceased for the sum of 100 pounds or for the balance due upon his marriage contract, bearing dathe December 30, 1768. And the claimer having proved a balance of thirty eight pounds one shilling, ordered that the executors Robert Kelly and John Kissack discharge two thirds of the same, viz., twelve ponds thirteen shillings and eight pence each, the other third part being payable by the claimer in his own right as being co-executor . . . Whereas by the last will and testament of the late Capt John Clucas of Mary Voar in the Parish of Santan, now deceased, and Cathrine Clucas his wife (his now widow) they devised and bequeathed unto their son the Revd. William Clucas some specific legacies . . . And whereas the said Revd. William Clucas is now inclined to quit this island and go for some time abroad to serve the Church elsewhere and in order that no inconvenience may attend his absence at the death of his said mother Cathrine Clucas . . . The said executors respectively and the said surviving testator Cathrine Clucas are come amicably to the following agreement: Know all men therefore by theses present that the said William Clucas one of the respective executors named in the above said will and joint testament of my said father and mother John Clucas and Cath. Clucas for the reasons aforesaid, and for and in consideration of the full and just sum of twenty five pounds British currency to me in hand paid at or before the ensealing and delivery of these present and the receipt and payment whereof I do hereby acknowledge, at by and from the hands of my said mother Cathrine Clucas the surviving testator all also Robert Kelly and Isable his wife and John Kissag and Anne his wife and John Moore and Cath. His wife, the other executors named in the said will, have given granted released and confirmed and by these present do give grant release and confirm unto the said Robert Kelly and Isable his wife, John Kissage and Anne his wife, and John Moore and Cath. his wife . . . all the right title, interest share and estate that I now have or shall hereafter be entitled unto by virtue of the said executorship and residuum mentioned and expressed in the said will . . . this twenty fifth day of January in the year of our Lord one thousand seven hundred and seventy one. [signed] William Clucas, Cath. Clucas her mark, Robert Kelly, John Kissag, John Moore. Witnesses: Jane Kelly, Anne Callow. Whereas Robert Kelly of the Rock in the Parish of Kk Marown and isable he wife, John Kissage of Ballakissage in the parish of KK St Ann and ann his wife, and John Moore of Ballahow in the said parish of St Ann and Catherine his wife, by the last will and testament of Capt. John Clucas of MaryVoar, bearing date the 28^th day of October 1770, as also by deed of agreement of William Clucas dated the 21^st day of January 1771, as also by the a deed of settlement made by Catharine clucas the widow and relict of the said Capt. John Clucas upon the said Isable Kelly, Ann Kissage, and Catherine Moore bearing date the 31^st day of January 1771 are well intituted to all the goods, chattels, credits and effects of the said John Clucas deceased and of the said Catherine Clucas as may more fully appear by the said last will, the said deed of agreement and the said deed of settlement now remaining on the Archdeacons Registry of this Isle. And whereas certain disputes and differences have arisen between the said Robert Kelly, John Kissage, and John Moore, which have been and are now depending on the Spiritual Court of this Isle; therefore to put an end to all disputes and differences, they each of them have agreed to sell and dispose all the said goods, chattels, credits and effects unto the Revd. William Clucas their brother for the sum and conditions hereafter mentioned. Therefore know all men by these presents that we the said Robert Kelly, John Kissage, and John Moore divers good causes us hereunto moving but more especially for and in consideration of the full and just sum of seventy five ponds Manx to be paid unto us in manner following, that is to say, the sum of thirty two pounds to be paid us on the 10^th day of October next and the remainder sum of forty three pounds to be paid us on the first day of January 1774, have given granted bargained passed over and sold and do by these presents give grant bargain pass over and sell unto him the said William Clucas our brother all the goods cattles, chattels, credits and effects whatsoever of the said John Clucas deceased and Catherine Clucas his widow and relict, that we are in any ways entitled unto by virtue of the said will and testament, and the said deed of settlement as aforesaid, hereby divesting and solved of all and singular the said goods, cattle, chattels, and credits and effects and every part and parcel thereof, to be enjoyed and possess by him the said William Clucas from the day of the date hereof agreeable to the terms and conditions of the said will and settlement, without the .. or hindrance of us or our said wifes. And we the said Robert Kelly, John Kissage and John Moore, do hereby further covenant promise engage and agree that we will account with and be accountable unto him the said William Clucas for all sum and sums of money for all goods, chattels, credits and effects whatsoever of said deceased John Clucas or Catherine his wife, that have come to the possession of us . . . And the said William Clucas doth further engage that he will not take any deed or instrument from his mother Catherine Clucas, whereby she may be deprived of the full enjoyment of the profits of her estate during her natural life and it is further agreed upon by and between the said parties, that whatever effects Henry Clucas their deceased brother died possessed of, that the same shall be divided proportionably between the brothers and sisters of the said Henry. And for the true and faithful performance of all the before going deed of sale and the .. conditions therein mentioned, we the said Robert Kelly, John Kissage, and John Moore, and the said William Clucas as far as relates him, do respectively bind and oblige ourselves our executors and administrators in and under the penalty of two hundred pounds to be paid by the party failing to the party performing. In testimony whereof we have hereunto subscribed our names this 30^th day of July 1772. [signed] Robert Kelly, John Kissage, John Moore, William Clucas. Witnesses: Richard Dugdale, Thomas Moore."