Archdeacon Will 1790 #5, Conchan, of Edward Christian of Beemaghag, 

"This is affirmed to be the last will and testament of Edward Christian of Beemaghag who was in a sound disposing mind and memory at the making thereof, being the 27^th day of February 1790.
And first, He recommended his soul to God and his body to Christian burial.
He also left and bequeathed unto his sister Alice Christian forty pounds.
To his niece Catharine Kermod twenty pounds.
And to his niece Alice Christian twenty five pounds.
He left unto his nephew John Christian, mariner, his best suit of clothes and fifteen pounds.
To his niece Mary Christian twenty pounds.
To the poor of the parish twenty shillings.
To his brother in law Kayles, his wife and three children ten shillings apiece.
To his sister Eunice Christian ten shillings.
To his brother John’s wife and her daughter ten shillings apiece.
To his godson John Christian of BallaQuinney in Marown a heifer, his second best suit of clothes and a guinea.
To his brother James’s daughter Isabel ten pounds.
To any Person who might claim a right in his will half a crown. And all the rest residue and remainder of all and singular his goods and effects of what kind or nature soever, moveable and immoveable, he gave and left unto his loving wife, and constituted and appointed his said loving wife whole and sole Executrix of his last will and testament. Witnesses: James Bancks, Thomas Skillecorn. (B)

Between Ellinor Christian widow and Executrix named in the alledged last will and testament of Edwd Christian deceased, plaintiff and Alice Christian sister of the said Edwd Christian, defendant: In the Ecclesiatic Court: Exhibited to James Bancks a witness produced on behalf the plaintiff in this cause and referred to in his deposition certified this 8^th Septr. 1790. By me, John Crellin, Ep. Regr. At a Consistory Court holden at the house of Thomas Quine in the Parish of KK Patrick on the 6^th Day of November 1790: Notwithstanding the validity of a written last will and testament of the said Testator Edward Christian marked with the Letter (A) and exhibited by the said plaintiff hath been pronounced decreed and declared by the Court’s Decree and judgment of equal date on her original petition in her said cause and is much more in her favor than the before going nuncupative will, and that she is the Executrix and residuary legatee named in the said written will yet her knowledge that the said Testator’s last intention is contained in this before going nuncupative will and her earnest desire to fulfill the same and act humanely toward the said Defendant and the said Testator’s other relations in the said Will named have induced her to consent to undertake the burthen and execution thereof, And she is thereupon sworn Executrix of the said Will in form of Law and hath given pledges for the payment of debts and legacies namely John Lace of Castletown gentleman and James Bancks of Kirk Onchan, yeoman. [signed] John Moore, Ev. Christian.

In the name of God, Amen. We Edward Christian & Elioner Christian alias Nelson (my wife) of the parish of KK Onchan being in perfect health and memory and calling to mind the uncertainty of life and that it is appointed for all once to die do jointly make this our last will and testament this sixteenth day of March 1784. First and principally, we commit our souls to the hands of Almighty God who gave it and our bodies to Christian burial, and with respect to such effects as we are blessed of we dispose of the same as follows, that is to say:
Item, I Edward Christian leave and bequeath to all my nephews the sum of a crown each and my wearing apparel to my nephew Edward Christian now off the Island in case he comes for it, if not to his brother John, and also a crown each to my nieces.
Item, I leave and bequeath to the poor of the parish of KK Onchan the sum of twenty shillings.
Item, I Elioner Christian alias Nelson aforesaid do leave and bequeath to all my nieces the sum of a crown each and my wearing apparel to my niece Jane Nelson, and also a crown each to my nephews.
Item, I leave and bequeath to the poor of the parish of KK Onchan the sum of twenty shillings.
Lastly, we jointly leave and bequeath the residue and remainder of our effects moveable and immoveable of what nature or denomination soever to the survivor of either of us. And do nominate constituted ordain and appoint the Survivor of either of us whole and sole Executor or Executrix of our last will and testament, signed in presence of us witnesses the date aforesaid. [signed] Edward Christian, Elinor Christian. Witnesses Charles Calvin, Ann Christian. (A)

Between Ellinor Christian the widow & Executrix named in the alleged last will and testament of Edwd. Christian deceased, plaintiff and Alice Christian sister of the said Edwd. Christian, defendant: The Ecclesiastical Court exhibited to Ann CHirstian & Charles Calvin witnesses produced sworn and examined on the part of the said plaintiff and mentioned & referred to in and by their respective depositions. Certified by me this 8^th day of September 1790, John Crellin, Ep. Regr. At a Consistory Court holden at the house of Thomas Quine in the Parish of KK Patrick on the 6^th day of November 1790: Notwithstanding the validity of the before going will hath been pronounced decreed and declared and option of the assumption of the burden and execution thereof given to the said Elinor Christian in the Court’s Decree and Judgment of equal date herewith on her Petition in the said Cause, and that the same is much more in her favor that a paper writing marked with the letter (B) purporting to be a nuncupative will of the said Testator dated the 24^th day of February 1790 and exhibited by her in the said Cause, het her knowledge that the said nuncupative will contained the said Testator’s last intention and her regard for and humanity towards the said Defendant and the said Testator’s other relations therein mentioned have induced her to undertake the burden and execution of the said nuncupative will and she hath this day been sworn Executrix thereof accordingly. [signed] John Moore, Ev. Christian.

[17^th July 1790] To the Revd. John Moore and Evan Christian Vicar Generals of this Isle, The humble Petition of Elinor Christian widow and relict of Edward Christian of Beemaghag in the parish of KK Conchan late deceased; Sheweth That the said Edward Christian and your Petitioner did on or about the 16^th day of March 1784 duly make and publish their joint last will and testament in writing and therein and thereby after leaving the sum of a crown each to each of the nephews and nieces and twenty shillings to the poor of KK Conchan and the wearing apparel of the said Edward Christian to his nephew Edward Christian and the wearing apparel of your Petitioner to her niece Jane Nelson the said Edward Christian and you Petitioner appointed the survivor of them Executor or Executrix of the said will and residuary legatee of all their Estate and Effects as by the said Will may more fully appear; That the said Edward Christian on or about the 27^th day of February last made or pretended to make a nuncupative will whereby he the said Edward Christian devised or pretended to devise forty pounds to his sister Alice Christian, twenty pounds to his niece Catharine Kermode, twenty five pounds to his niece Alice Christian, his best suit of clothes and fifteen pounds to his nephew John Christian, twenty pounds to his niece Mary Christian, twenty shillings to the Poor of the Parish, ten shillings each to his brother in law Kayle’s his wife and three children, ten shillings to his sister Eunice Christian, ten shillings each to his brother John’s wife and her daughter, a heifer his second best suit of clothes and a guinea to his godson John Christian of Ballaquinney in Marown, ten pounds to Isabel his brother James’s daughter, and half a crown to any person who would claim a right to any part of his effects and the said Edward Christian devised or pretended to devise all the residue of his effects to your Petitioner and constituted and appointed her whole Executrix of his said last Will; That the said nuncupative will was made or pretended to be made in the presence of Mr. James Bancks and Thomas Skillicorn and your Petitioner exhibited the said Will at the last Chapter Court holden in Douglas in the month of June last and your Petitioner prayed that proof might be made of the publication of the said Will and the Execution thereof might be committed to your Petitioner; That Alice Christian the sister of the said Edward Christian appeared in the said Court and contended that the said nuncupative will was not sufficiently made so as to justify the said Court in pronouncing the said Will to be the last Will and Testament of the said Edward Christian and your Reverences were pleased upon the allegations of the said Alice Christian to postpone the probate of the said Will; That your Petitioner charges that if the said nuncupative will was or is insufficient for the Court to pronounce for the validity of the same that the said nuncupative will was and is insufficient to revoke the said written will of the 16^th day of March 1784 as herein before mentioned and your Petitioner therefore submits that the said Written Will still remains in full force and ought to receive Probate as and for the last Will and Testament of the said Edward Christian and your Petitioner is notwithstanding willing to abide by the said nuncupative will and to undertake the Execution thereof knowing the same to have been the intention of her said late husbane; In tender consideration of the pre--- your Petitioner humbly prays your Reverences may be pleased to appoint a day for the hearing of this Petition in the presence of the next of Kindred of the said Edward Christian and that in case the said next of Kindred shall object to the probate of the said nuncupative will in common form and undertake to litigate the validity thereof that your Petitioner may be allowed to proceed to the due proof of the Execution and publication of the said written Will in such manner as she shall be advised and th--- upon due proof being made of the due Execution of the said written will that your Reverences may be pleased to d---- for the validity thereof as and for the last will and testament of the said Edward Christian and to commit the Execution thereof to your Petitioner as the Executrix therein named she having survived the said Edward Christian as herein before mentioned and your Petitioner shall pray &c.

17^th July 1790: Ordered that the matter of this Petition do come on to be heard at a Consistory Court to be holden in KK Michael on Thursday the 29^th Instant. Whereof all proper Parties and Persons are to have due notice. Given this 17^th day of July 1790, John Moore. At a Consistory Court holden at KK Michael 29^th July 1790: Ordered that the Petitioner do proceed to the Examination of her witnesses in this Cause before the Episcopal Register on such day or days and at such place or places as he shall appoint for that purpose whereof all proper parties persons and witnesses to have legal notice. [signed] John Moore, Evan Christian. Ex. By John Crellin, Ep. Regr.

[23 Oct 1790] In the Ecclesiastical Court: Between Ellinor Christian the widow and Executrix named in the alleged last will and testament of Edward Christian late of Bemahague in the parish of KK Conchan deceased, plaintiff and Alice Christian one of the sisters of the said Edward Christian, defendant: To the Revd. John Moore and Evan Christian Vicars General of this Isle: The humble petition of the plaintiff Ellinor Christian. Sheweth, That your Petitioner sometime ago caused the examination of her witnesses in support of the last will and testament of the said Edward Christian made in favor our your petitioner and the said defendant Alice Christian who contended that the said Edward Christian made no will in favor of your petitioner hath not thought proper to examine any witnesses in support of her allegations and your petitioner has every reason to believe that she hath no witness to examine. That the delay occasioned to the probate of the said will is particularly injurious to your petitioner on account of expenses incurred to her, but the same is also very injurious to your petitioner in regard that she cannot pending the litigation respecting the said will recover any of the debts of the said Edward Christian which are due from persons who appear to be in doubtful circumstances. In consideration of the premise your petitioner humbly prays that your Reverences may appoint a day for hearing this Petition and that the said Alice Christian may she cause if any she can why your Reverences may not grant probate of the legal last will and testament of the said Edward Christian and to commit the Execution thereof to your Petitioner as the Executrix and residuary legatee therein named, and that the said Alice Christian may be ordered to pay unto your Petitioner the costs which have been occasioned to her by the litigious disposition of the said Alice Christian and that your Petitioner may have such other relief in the premises as the nature of her care may require and your Petitioner shall pray &c. 23^rd October 1790: Ordered that this Petition do come on to be heard at the Consistory Court to be holden at the house of Thomas Quine in the Parish of KK Patrick on Friday the 29^th instant. Whereof all proper parties and persons are to have due notice and that the said Alice Christian may then and there shew cause if any she can why the prayers of this petitioner may not be granted. Given this 23^rd day of October 1790. At a Consistory Court holden at the house of Thomas Quine in the Parish of KK Patrick on the 29^th October 1790: The hearing of the Cause mentioned in the before going Petition is at the Instance and request of the Defendant Alice Christian postponed until a Consistory Court to be holden on Saturday the 6^th November next at the place whereof all proper parties and persons to have legal notice and serving. Joh:Moore, Ev. Christian.

[6 Nov 1790] At a Consistory Court holden at the house of Thomas Quine in the Parish of KK Patrick on the 6^th Day of November 1790: The Parties are referred to this Court’s Decree and Judgment of equal Date herewith on the Petitioner’s original Petition in the Cause in the before going Petition mentioned for the said Court’s Decree and Judgment in the said Cause. Joh: Moore, Ev. Christian.

[6 Nov 1790] At a Consistory Court holden at the house of Thomas Quine in the Parish of KK Patrick on the 6^th Day of November in the year of our Lord 1790: Upon finally haring the before going Petition in the Presence of the Petitioner and John Lace Esqr her attorney, and also of Mr. Thomas Stowell the attorney of the Defendant Alice Christian; And upon reading a paper writing marked with the Letter (A) purporting to be a written last will and testament of Edward Christian the Testator named in the said Petition dated 16^th March 1784 and exhibited by the Petitioner in this Cause; a paper writing marked with the Letter (B) purporting to be a nuncupative will and testament of the said Edward Christian made and declared on the 27^th day of February 1790 and exhibited by the said Petitioner; Copies of the Depositions of Ann Christian of the town of Douglas, Charles Calvin of the Parish of Kirk Conchan, Thomas Skillicorn of the Parish of Kirk Conchan, and James Bancks of the Parish of Kirk Conchan witnesses produced sworn and examined at the Instance and on the behalf of the said Petitioner; And upon consideration thereof as also of what was otherwise pleaded argued alleged and admitted by and on behalf of the said Parties respectively, The Court are of the opinion that the said refer writing marked with the Letter (A) dated and exhibited as afore said in a written last will and testament of the said Edward Christian that the same is not revoked cancelled or annulled by the said Paper writing marked with the Letter (B) purporting to be a nuncupative will of the said Edward Christian dated and exhibited as aforesaid; That the said paper writing marked with the Letter (A) dated and exhibited as afore said is and doth contain the last will and testament of the said Edward Christian and that the Petitioner ought to have the burden and execution thereof committed to her, And do therefore pronounce decree and declare for the validity of the said will of the said Edward Christian marked with the letter (A) and dated and exhibited as aforesaid and do submit the assumption of the burden and execution thereof to the option of the Petitioner. Joh:Moore, Ev.Christian. In the Ecclesiastical Court of this Isle Between Elinor Christian widow and Executrix named I the alleged last will and testament of Edward Christian of Beemaghag in the Parish of Onchan late deceased, Plaintiff and Alice Christian sister of the said Edward Christian, Defendant: Depositions of Witnesses taken in this Cause at the house of Thomas Quine in the Parish of Kirk Patrick on the eighth day of September in the year of our Lord one thousand seven hundred and ninety at the Instance of the Plaintiff. Ann Christian now of the town of Douglas produced sworn and examined deposeth and saith that she knoweth the Parties in this cause and that she knew and was well acquainted with Edward Christian of the Parish of Kirk Conchan late deceased; That she hath looked at the paper writing marked with the Letter (A) now produced to her at this the time of her examination purporting to be the joint last will and testament of Edward Christian and the Plaintiff Elinor his wife bearing the date the 16^th day of March 1784 and the Deponent saith that the said Edward Christian and Elinor his wife duly signed and executed the said will as and for their joint will and testament in presence of the Deponent and of Charles Calvin who attested the same as Witnesses thereto and the Deponent saith that the said Edward Christian and Elinor his wife appeared to the Deponent to be of sound mind memory and understanding at the time of signing and executing the said Will. Ann Christian. Charles Calvin of the Parish of Kirk Conchan produced sworn and examined deposeth and saith, That he knoweth the Parties in this Cause and that he knew and was well acquainted with Edward Christian of the Parish of KK Conchan late deceased; That he hath looked at the paper writing marked with the letter (A) now produced to him at this time of his Examination and certified so to be purporting to be the joint last will and testament of Edward Christian and the Plaintiff Elinor his wife bearing date the sixteenth day of March 1784. And the deponent saith that the said Edward Christian and Elinor his wife duly signed and executed the said Will as and for their joint last will and testament in presence of the Deponent and of ann Christian who attested the same as Witness thereto; And the Deponent saith that the said Edward Christian and Elinor his wife appeared to the Deponent to be of sound mind memory and understanding at the time of signing and executing the said Will and the Deponent saith, That the name Edward Christian subscribed to the said Will is of the proper handwriting of the said Edward Christian the Testator and that the Body of the said Will as well as the name of Charles Calvin subscribed as a witness thereto are of the proper handwriting of this Deponent. Charles Calvin. Thomas Skillicorn of the Parish of Kirk Conchan being produced sworn and examined deposeth and saith that he knoweth the Parties in this Cause and that he knew and was well acquainted with Edward Christian of Beemaghah late deceased the Deponent being one of the said Edward Christian’s tenants and often in and about his House; That the said Edward Christian departed this life sometime in the beginning of the last spring quarter; That the Deponent was in the kitchen of the said Edward Christian about a day or two before the said Edward Christian died; that Alice one of the daughters of the Defendant Alice Christian came to the said kitchen and informed the Deponent that the said Edward Christian wanted the Deponent who accordingly went upstairs into the room where the said Edward Christian was in bed and James Bancks was in the room with the said Edward Christian at the time of the Deponent’s going in; That the said Edward Christian was disposed to make the will, That the said Edward Christian thereupon proceeded to make his will and after commending his soul to God and his body to Christian burial and leaving certain legacies to several persons constituted his wife Elinor Christian whole and sole Executrix of all his worldly effects and at the same time desired the said James Bancks and the Deponent to bear witness that what he the said Edward Christian had then declared was his last will and testament or to that effect; That it appeared to the Deponent soon after the making and publishing of the said will that the said James Bancks retired to another room to take down the heads or minutes of the said will and the Deponent further saith that a few days after the death of the said Edward Christian he the Deponent and the said James Bancks went together to the house of the Revd. Thomas Quayle vicar of the Parish to have the said Will committed to writing by the said Thomas Quayle and the said Thomas Quayle did accordingly commit the same to writing from the mouths of the Deponent and the said James Bancks who appeared to have the minutes taken as aforesaid to assist their memories and the Deponent believes he can recollect the substance of all the legacies bequeathed in the said will though he may not be able to repeat them in the order in which they are placed in the said Will; That the said Edward Christian in the said Will left to Alice Christian the Defendant the sum of forty ponds, to his niece Catharine Kermode twenty pounds, to Alice Christian his niece twenty five pounds, to John Christian his nephew the Testator’s best suit of clothes and fifteen pounds, to Mary Christian the Testator’s niece twenty pounds, to the Poor of the Parish of Kirk Conchan twenty shillings, to his brother in law Kayles his wife and their children ten shillings each, to the Testator’s sister Eunice ten shillings, to the Testator’s brother John’s wife and daughter ten shillings each, to the Testator’s godson John Christian a heifer one guinea and his second best suit of clothes, to Isabel the daughter of his brother James ten pounds, and a half crown apiece to everyone who might claim any right to his Estate and devised all the rest of his estate to Ellinor Christian hiis wife and appointed her Executrix of his said will and the Deponent saith that the will contained no other devise or legacy save as aforesaid to the best of the Deponent’s recollection and belief and the deponent further saith that the said Edward Christian was of sound and disposing mind memory and understanding when he so executed and published his will as aforesaid as appeared to the Deponent; and the Deponent saith that it does not appear to the Deponent that any other person was in the room when the said will was so made as afore said save the Testator Edward Christian, the said James Banck’s and the Deponent; And the Deponent saith that no person dictated any part of the said will to the said Edward Christian that he the Deponent heard; And the Deponent saith that the said Will was made as herein before mentioned about ten o’clock at night and that the same was committed to writing by the Revd. Thomas Quayle within a week from the death of the said Edward Christian. Thomas Skillicorn. James Bancks of the Parish of Kirk Conchan yeoman being produced sworn and examined deposeth and saith, That he knoweth the Parties in this Cause and that he knew and was well acquainted with Edward Christian of Beemaghag late deceased; That the Deponent called to see the said Edward Christian on or about the 27^th day of February last past; That in the course of conversation the said Edward Christian informed the Deponent that he the said Edward Christian intended leaving six or seven score pounds among his relations; That about an hour after the Deponent had been in the room with the said Edward Christian, Thomas Skillicorn a tenant of the said Edward Christian’s was called up to the said room; That soon after the said Thomas Skillicorn’s coming into the said room the said Edward Christian proceeded to make his will and after committing his soul to God and his body to Christian burial and leaving certain legacies to several of his relations & others, he bequeathed all the residue of his Estate and effects to the Plaintiff Elinor Christian and appointed her Executrix of the said last Will; That a few minutes after the said Edward Christian had declared the contents of his said will the Deponent took minutes or heads thereof in writing; That the said Edward Christian departed this life the next day after making the said will as the Deponent heard and believes; That at the time the said Edward Christian was making his said Will desired the Deponent and the said Thomas Skillicorn to bear witness that such was his will or to that effect; That the next Friday after the death of the said Edward Christian the deponent and the said Thomas Skillicorn went together to the house of the Revd. Thomas Quayle Vicar of the Parish of KK Conchan in order to get the said will committed to writing by the said Thomas Quayle, and the said Thomas Quayle committed the same to writing according to the Directions given him by the Deponent and the said Thomas Skillicorn; That the Deponent ahs looked at the paper writing marked with the Letter (B) and now produced to him at this time of his examination and certified so to be purporting to be the said last will and testament of the said Edward Christian and the Deponent saith that the said paper writing contains the will of the said Edward Christian as declared by him to and in the presence of the Deponent and the said Thomas Skillicorn as herein before mentioned and committed to writing by the said Thomas Quayle as also here in before mentioned and the Deponent saith that the said Edward Christian appeared to the Deponent to be of sound mind memory and understanding at the time of making the will; That the said will was made as afore said about ten o’clock in the night; That the Deponent apprehending that the said Edward Christian was leaving more legacies than his personal Estate would amount to, the Deponent observed to the said Edward Christian when he had nearly finished the said will that he hoped he the said Edward Christian had not left legacies beyond his circumstances to which the said Edward Christian replied that there was plenty plenty to pay them all and enough to spare, but the said Edward Christian never told the Deponent that he had sold the Remainder of his real estate. James Bancks. Taken by and beofre me, John Crellin, Ep. Regr. Executed by me, John Crellin Ep. Regr."