Archdeacon Wills 1787 #45, Patrick, of Philip Quirk of Sleau Whellan:

‘In the name of God Amen. I Philip Quirk of Slewholan in the parish of Kirk Patrick though weak in body yet of a sound and disposing mind and memory do constitute this my last will and testament in manner and form following this the 30^th day of January 1787.
First, I commit my soul to God and my body to Christian burial.
Item, I leave and bequeath unto my daughter Jane the sum of eighty pounds.
Item, I leave and bequeath to my daughter Catharine the sum of eighty pounds.
Item, I leave and bequeath unto my daughter Elizabeth Bridson als Quirk the sum of thirty pounds.
Item, I leave and bequeath unto my son Philip Quirk the sum of forty pounds that is to say if he comes to this Island to get the same, and in case he doth not come to this Island to get the same, the said sum of forty pounds is to fall and descend to my executrix hereafter named.
Item, I leave and bequeath to my son Thomas Quirk by and with the consent of my wife all my concerns of houses, gardens, backside situate in Peeltown and easements to the same belonging to be possessed by him my said son at the death of the longest liver of my and my wife, with all the right I have unto the & concerns that did belong to William Quayle porter and situate in Peeltown also. Also, I leave and bequeath unto my said son xxx Quirk by and with the consent of my wife all the right and title – have unto that part of the mo--- that was taken to rent by Henry Quilliam and of annual Lords Rent of one shilling and four pence and half penny to be possess by him at the death of me or my wife, and in case his brother John is desxxx of having the said mountain he is to pay his brother Thomas Quirk the sum of twenty pounds for the same.
Item, I leave unto my son John Quirk the sum of five shillings.
Item, I leave unto my daughter Margaret the sum of five xxx.
Lastly, I nominate constitute and appoint my loving wife Isabel Quirk als Quilliam whole and sole executrix of all the rest of my goods and effects and bills of mortgages that I have of or on land, be they of what kind or denomination soever as witness my hand the day and date before written. [signed] Phil Quirk.

Witnesses: Philip Clucas, Patrick Corris.

Between Isable Quirk petitioner and John Quirk defendant, 10^th April 1787: exhibited to Philip Clucas and Thomas Cowin and referred to in and by their depositions.

At a Consistory Court holden at KK Michael on Thursday the 26^th day of April 1787, Isable Quirk als Quilliam the executrix named in the before going will is (pursuant to the Court’s decree and judgment of equal date herewith for the petition of the said Isabel Quirk) sworn executrix of the said will in form of law and hath given pledges for the payment of debts and legacies namely John Bridson her son in law of the parish of KK Malew and John Killip of the parish of KK Christ Lezayre. N.B. The said executrix refused to give her consent to the bequest or legacies bequeathed to her son Thomas Quirk by the testator in the said will.

I John Bridson of KK Ballacrink in the parish of KK Malew, husband of Elizabeth Bridson als quirk daughter of Philip Quirk late of Slew whallan in KK Patrick deceased, do hereby acknowledge to have received from my mother in law Isabel Quirk the widow relict and executrix of the said Philip Quirk the sum of thirty pounds currency of this Island being the legacy left and bequeathed unto his said now my wife in and by his last will and testament and I do hereby exonerate acquit and discharge the said Isabel the said widow relict and executrix of the said Philip Quirk her executors administrators and assigns of and from the said legacy and every part thereof. As witness my hand this 10^th day of February 1790. [signed] John Bridson, Elizabeth Bridson. Witnesses: John Craine, William Kewley.

I John Kewley husband of Catharine Quirk daughter of Philip Quirk do hereby acknowledge to have received the sum of eighty pounds from my mother in law Isabel Quirk the same sum being a legacy bequeathed my said wife Cath. Quirk by the last will and testament of her father Philip Quirk and I do hereby release acquit exonerate and discharge my said mother in law Isabel Quirk of all claims and demands for or on account of said legacy of eighty pounds. Witness my hand their 16^th June 1795. [signed] John Kewley.

I John Corran of the town of Douglas, tanner, husband of Jane Corran als Quirk daughter of Philip quirk late of Slew whellan in KK Patrick, deceased, do hereby acknowledge to have received from my mother in law Isable quirk the widow relict and executrix of the said Philip Quirk, the sum of eighty pounds currency of this Island being the legacy left and bequeathed unto his said daughter now my wife in and by his last will and testament. And I do therefore hereby exonerate acquit and discharge the said Isable the said widow relict and executrix of the said Philip Quirk her executors, administrators and assigns of and from the said legacy and every part thereof. As witness my hand this 6^th day of February 1790. [signed] John Corran.

The humble petition of Isable Quirk widow of Philip Quirk late of Slieu Whallan in the parish of KK Patrick deceased and the executrix named in his last will and testament, sheweth that your petitioner at the last consistory court held at the house of Thomas Quine in the parish of KK Patrick in the month of March last exhibited the said will into the Court in order to receive probate in common form; that John Quirk your petitioners eldest son appeared in the said Court and opposed the probate of the said will in common form and moved that the witnesses of the said will might be specially examined seperately and apart before the Episcopal Registry touching the making and publication of the will; that your Reverences would pleased to order the said examination of the said witnesses to be taken before the said Registry accordingly; that agreeably to the said order of your Reverences your petitioner has proceeded and examined the said witnesses to the said will in special form and the petitioner is advised that the said will is suitably proved in law to entitle your petitioner . . . on to be heard and the said John Quirk the defendant nor any person in his behalf having appeared to object to the prayer of the said petition, the Court after reading the certificate of the Sumner of the Parish of KK Patrick (hereunto annexed) that he the said John Quirk was cited to appear here this day at the xxx of the petitioner of the depositions of Philip Clucas and Patrick Corris the subscribing witnesses to the said alleged last will and testament of the said Philip Quirk deceased. The deposition of Thomas Clucas of Peeltown, witness produced sworn and examined at the instance and on the behalf of the petitioner which copies are likewise hereunto annexed and the said alleged last will and testament of the said Philip Quirk which is marked with the letter A, exhibited by the petitions and is hereunto annexed. And duly considering the same as what was pleaded argued and alleged by and in the behalf of the petitioner are of opinion that the said will of the said Philip Quirk is fully and sufficiently proved and established and do therefore pronounce adjudge and decree for the validity thereof and that the petitioner may be sworn executrix and has the burden and execution of the said will committed to her and that the said John Quirk defendant do pay unto her her costs wrongly sustained and incurred in this cause.

1787, in the Ecclesiastical Court of this Isle between Isabel Quirk the alleged executrix of the last will and testament of Philip Quirk deceased and John Quirk son of the said Testator.

Depositions taken in this cause on the part of the petitioner this 10^th day of April 1787:

Philip Clucas of the parish of KK Patrick produced sworn and examined deposeth and saith that he was acquainted with Philip Quirk deceased husband of the Petitioner that he frequently visited the deceased during his illness, that on or about the 30^th day of January last past a servant of the said Philip Quirk called upon the deponent and acquainted him, that his Master vizt. Philip Quirk deceased wanted to speak with him, and that he went with the servant to the house of the deceased where he found the said Philip Quirk, Thomas Cowin of Peeltown and Patrick Corris of KK Patrick, saith that the deceased Philip Quirk acquainted the aforesaid persons that he was about making his will and that the said Philip Quirk proceeded to make his will, dictating to the said Thomas Cowin who was the scribe on the occasion; saith that after it was written the said Philip Quirk deceased took it from the said scribe and signed it in the presence of the said Patrick Corris, Thomas Cowin and the deponent; saith the deceased requested the said Patrick Corrin and the deponent might be witnesses to the said will; that the deponent signed his name and the said Patrick Corris put his mark to the said will in presence of the Testator as witnesses thereto; that he had looked at the paper writing purporting to be the last will and testament of the said testator marked with the letter A and exhibited to him as the time of his examination and saith that it is the same paper written to which he the deponent and the said Patrick Corris were witnesses as herein before mentioned; saith that the said Philip Quirk deceased was of sound and disposing mind and memory at the time of declaring the said paper writing to be his last will and testament, and as much as ever he the deponent remembered him to be; that it appeared to the deponent that the said will was voluntarily made published and declared by the said Testator and that he the deponent knows of no other will made by the said Philip Quirk deceased. [signed] Philip Clucas.

Patrick Corris produced sworn and examined deposeth and saith that he well knew Philip Quirk deceased the petitioner’s late husband and lived in his neighbourhood, frequently visited him in his last illness; saith that a servant of the deceased came to the deponent and acquainted him that his mistress the petitioner wanted to speak to him; that soon after which the deponent proceeded to the house of the deceased; saith that the said petitioner told him the deponent that her husband was about making his will; saith Philip Clucas of the said parish of KK Patrick afterwards came to the house, and that the said Philip Clucas, Thomas Cowin and the deponent went about the same time into the chamber where the deceased lay; saith that the said deceased dictated his last will and testament in their presence to Thomas Cowin aforesaid who committed it to writing; saith when said last will and testament was so written the testator aforesaid signed it in their presence and desired the said Philip Clucas and the deponent to be witnesses thereto in consequence of which the said Philip Clucas signed the said will and the deponent put his mark to the will; saith that the said testator appeared to be of sound and disposing mind and memory when he made published and declared said Will; saith that the said Thomas Cowin was present during the said transaction; saith that he the deponent is illiterate and that he cannot identify the paper writing to which he put his mark purporting to be the last will and testament of the said Philip Quirk, but that he believes he recollects the substance thereof; saith that the testator bequeathed to his daughter Jane in the said will four score pounds; to his daughter Catharine¨ four score pounds and likewise to his daughter Elizabeth wife of John Bridson thirty pounds, to his son Philip forty pounds provided he return to the Country, otherwise that that legacy was to fall to the executrix; to son Thomas all his concerns that belonged to William Quayle porter in said town after the decease of the said Testator and his wife, she consenting to that devise together with a parcel of intack land that had been taken to rent by Henry Quilliam to be possessed by him the said Thomas also after the death of the testator’s wife, which said intack if his son John was desirous to have, he might enjoy the same paying his brother Thomas the sum of twenty pounds; saith the said testator bequeathed to hi son John the sum of five shillings; to his Daughter Margaret wife of Silvester Mylchreest the sum of five shillings and appointed his wife Isabel executrix of all his goods chattels and effect; saith that he believes the said will was made about the latter end of January last past, and that he knows of no other will made by the said testator since. [signed his mark] Patrick Corris. Thomas Cowin of Peeltown produced sworn and examined deposeth and saith that he knew Philip quirk late deceased the petitioner’s husband; that he has looked at the paper writing marked with the letter A purporting to be the last will and testament of the said Philip Quirk; saith that he the deponent wrote the same by direction of the said Testator; saith that the said Testator read and signed the same in the presence of Patrick Corris and Philip Clucas and the deponent; saith that he knows of no other will made by said Testator since; saith that he the deponent was sent for to the testator’s to write a deed of mortgage from the deceased Philip Quirk to William Crane for the sum of two hundred pounds and a Deed of Settlement whereby the Father was to settle the estate of Sleiau Whallan upon his son John, and the said John was to bind himself to transmit it to his heirs subject only to the incumbrance of the said two hundred pounds and that the Father was to pay this said son two hundred pounds in consideration of aforesaid condition; saith that the mortgage only was duly executed and that the said Will was made the June after the last mentioned transaction. [signed] Thomas Cowin.’