Archdeacon Wills 1798 #47, German, of Jane Mylevorrey als Quirk, wife of Thomas Mylevorrey of the Driney:

"In the name of God, Amen. We Thomas Mylevorrey and Jane Mylevorrey als Quirk of the Driney in the Parish of KK German, being at present thanks be to God of sound mind, disposing mind and memory, and understanding but calling to mind the uncertainty of this mortal life and being desirous to see our worldly affairs, do therefore to that end publish and declare our last joint will and testament in manner and form following. First, committing our souls to Almighty God and our bodies to Christian burial. Secondly, we leave and bequeath each to the other of us all our purchased lands in the xxx to be wholly enjoyed by the longest liver of us during his or her natural life and then to devolve unto our son and heir of our Estate of the Driney and he the said son and heir to pay the sum of two hundred and fifty pounds and in case the said son and heir be not pleased to pay the above said sum to the executor or assigns after our longer liver, our will is that the said heir is to be excluded from having any right or title to the said lands or any part thereof but the same lands is to fall unto which soever of our children we shall appoint. Item, we leave and bequeath unto our son in law John Cowill the sum of five shillings. Item, we leave and bequeath unto our daughter Jane Cosnahan the sum of five shillings. Item, we leave and bequeath to our daughter Margaret Hadley[?] the sum of five shillings. Item, we leave and bequeath unto our daughter Elizabeth the sum of five shillings. Item, we leave and bequeath unto our son William the sum of five shillings. Lastly, we nominate and appoint each the other of us the said Thomas Mylevorrey and Jane Mylevorrey the survivor of us to be executor of the other and this we declare and sign to be both our wills in presence of the following witnesses, in testimony whereof we have hereunto affixed our marks to our names this 29^th day of January 1796. [signed, their marks] Thomas Mylevorrey, Jane Mylevorrey. Witnesses: Elizabeth Killey, Philip Quirk.

The humble petition of William Halsal of KK Patrick and Elizabeth Halsal als Mylworrey his wife, sheweth that Thomas Mylworrey of the parish of German and Jane his wife the father and mother of your petitioner Elizabeth did sometime in the month of January one thousand seven hundred and ninety six duly make and publish their joint last will and testament in writing and did thereof appoint and nominate the survivor of them to be executor of the same; that the said Jane Mylworrey did some time in the month of March last depart this life without having altered or revoked the said will whereby the said Thomas Mylworrey became entitled to the whole benefit of the said executorship; that the said Thomas Mylworrey died on the twenty ninth day of March after and subsequent to the decease of the said Jane by a certain instxxx in dxxxting or Deed of Settlement and for the xxx considerations therein mentioned amongst other things five grant and settle to and upon your petitioner all and singular the rest of his goods rights credits chattels bills bonds and effects as by the said deed duly executed and acknowledged may appear by m.. whereof your petitioners are become entitled to the whole benefit of the said executorship of the said will; your petitioners therefore pray that your Reverence may be pleased to order a day of this petition and the will of the said Jane Mylworrey may be proved and approved of and the bxxx thereof committed to your petitioners and that they may be sworn executors of the same and they shall pray etc. Ordered that the before going petition do come to be heard at an Ecclesiastical Court to be holden in the Court house in the Par4ish on Friday next whereof all proper parties and persons to have due notice. Given at KK Patrick 15^th June 1798. At an Ecclesiastical Court holden at the Parish of KK Patrick on the 22^nd day of June 1798: Upon hearing the before going petition in the presence of parties and upon consideration had thereof as also of what was otherwise pleaded argued alleged and admitted by and in behalf of the said parties respectively, it is hereby ordered adjudged and decreed that the witnesses to the will in the said petition mentioned b examined in solemn form before the Revd. Thomas Cubbon the Archdeacon Official and Regr. And their depositions committed to writing on such day or days and at such place or places as he shall appoint for that purpose whereof all proper parties and persons to have due notice. I do appoint Tuesday the 3^rd day of July next at the house of Thomas Quine in the Parish of KK Patrick for the examination of such witnesses as shall be produced in support of the will in this petition mentioned, whereof all proper parties and persons to have due notice and service; given this 27^th day of Jun 1798. Tuesday the said instand being a common law Court day and inconvenient for the parties to attend, I do therefor appoint Friday the 20^th instant at the house of Thomas Quine in the parish of KK Patrick for the examination of such witnesses as shall be produced in support of the will in this petition mentioned whereof all proper parties and persons to have due and legal notice and service.

Between William Halsal & Elizabeth his wife, petitioners, and William Mylevorrey, William Cosnahan, & John Cowle, defendants, in Ecclesiastical Court: Depositions of witnesses taken at the house of Thomas Quine in the parish of KK Patrick on the part of the petitioners the 20^th day of July 1798: Philip Quirk of the pparish of KK German, petty[?] school master, being produced sworn xxx deposeth and saith that he knoweth the several parties in this cause, saith that he knoweth Thomas Mylworrey of the Driney in the parish of KK German and that he knew & was well acquainted with Jane Mylworrey late deceased wife of the said Thomas Mylworrey, that in or about the 29^th day of January 1796 the said deponent was sent for to the house of Thomas Mylvoirrey, that he accordingly went there, that when deponent was at the house of Thomas Mylvoirrey aforesaid, the said Thomas Mylvoirrey and Jane his wife desired him the deponent to write their joint will and testament, that the said Thomas Mylvoirrey and Jane his wife did accordingly give this deponent instructions to write the same agreeably to such instructions, that the deponent has looked upon the paper writing now exhibited in Court and marked with the letter ‘A’ and certified as to be that the said paper writing so marked contains the last joint will and testament of Thomas Mylvoirrey and Jane his wife, that the deponent by the directions of the said Thomas Mylvoirrey and Jane his wife signed their there said Thomas Mylvoirrey and Jane his wife’s names to the said paper writing marked as aforesaid and that the said Thomas Mylvoirrey and Jane his wife touched the pen with their hands, with which their names had been written as aforesaid, that Elizabeth Kelly the other witness to the before written joint last will and testament of Thomas Mylvoirrey and Jane his wife was at that time a servant in the said Thomas Mylvoirrey’s house, that the said Elizabeth Kelly was called out of the kitchen unto the room where Thomas Mylvoirrey and Jane his wife were by the said Jane, in order to be a witness with the deponent to the said will and that that said Elizth Kelly did accordingly come into the said room; that the deponent had wrote the said joint last will and testament previously to said Elizabeth Kelley coming into the room as aforesaid, that the said Thomas Mylvoirrey and Jane his wife did inform or request the said Elizth Killey upon her coming into the room with the sum or substance of their joint last will and testament that the deponent did sign but that the same was not read to her, the name of the said Elizabeth Killey xxx her mark thereto as a witness, and that the said Elizabeth Killy did in the usual way touch the pen with which he wrote her name; that the said Thomas Mylvoirrey and Jane his wife did publish and declare the said paper writing to contain their last joint will and testament in the presence of this deponent and Elizabeth Killey, that this deponent did at the time of execution of the foresaid will look upon the said Thomas Mylvoirrey and Jane his wife to be of sound and disposing mind memory and understanding; that some considerable time after the execution of the foresaid will, Elizabeth Killey the other witness came to this deponent’s house and informed him the said Jane the testatrix had desired this deponent to read to her the will said joint last will and testament that she might not forget, that the deponent accordingly read the same to the said Elizabeth Killey; that the said paper xxx marked as aforesaid has remained in this deponent’s custody since the execution thereof. [signed] Phil Quirk. Elizabeth Killey of the Parish of KK Patrick, spinster, being examined deposeth and saith she knoweth and is acquainted with the parties in this cause, saith that she knoweth Thomas Mylvoirrey of the Driney in the Parish of KK German; that she knew and was well acquainted with Jane his wife late deceased; that deponent lived as a servant with the said Thomas Mylvoirrey and Jane his wife for the term of ten years, and quitted their service about May 1797; that the said Thomas Mylvoirrey was confined to his bed in the latter end of the year 179t and beginning of the year 1796; that during such the indisposition of the said Thomas Mylvoirrey the deponent was called into the room where the said Thomas Mylvoirrey was confined to be a witness to the will xxx last will and testament of the said Thomas Mylvoirrey and Jane his wife; that Philip Quirk whom the deponent understands was examined as a witness in this cause, was in the room with the said Thomas Mylvoirrey and Jane his wife when the deponent went into the said room as aforesaid; that upon the deponent’s going into the room the said Thomas Mylvoirrey and Jane his wife did inform her of the contents of their said will as follows; that the longer liver was to enjoy the lands called the Kew during his or her natural life and that the same was afterward to go to their heir William Mylvoirrey upon the payment of the sum of two hundred and fifty pounds to their executor upon the decease of the longer liver, and in case the said heir refused to do, the said lands were to go to their executor except five shillings to John Cowle of the Bawnagh, and five shilings to their son William their heir at law, and five shillings to their daughter Jane, five shillings to their daughter Elizabeth, and the survivor of the said Thomas Mylvoirrey and Jane his wife to be executor or executrix of their said joint will; that this deponent saw a paper writing on the table in the said room, which deponent understood to be the said will and that deponent saw the said Thomas Mylvoirrey touch the pen for the purpose of signing his name to the said paper writing and deponents saw the said Philip sign the said Thomas Mylvoirrey’s name to the said will, as she understood , the deponent not being able to read or write, but deponent did not recollect that she saw the name of Jane the wife of said Thomas Mylvoirrey at any time unto subscribed to the said will; that the deponent put her hand to the pen to have her name subscribed as a witness to the said will, and that she understood at that time it was the joint will and testament of said Thomas Mylvoirrey and Jane his wife; that the deponent looked upon the said Thomas Mylvoirrey and Jane his wife to be of sound and disposing mind memory and understanding at said time; that some considerable time after the execution of said will Jane the wife of said Thomas Mylvoirrey directed the deponent to go to the said Philip Quirk for the purpose of having the said will read to her, that she might not forget the contents thereof; that she accordingly went to the said Philip Quirk who desired her to relate from her recollection the contents of said will, that she accordingly did relate it, and the said Philip Quirk told her she was right, but had not a paper in his hand at the time of deponent’s making such relation as aforesaid, but understood said Philip Quirk did recourse to said will to know whether deponent was right in such her relation. Being cross examined on behalf of the defendants, deponent saith she did not offer any mark to the said paper writing which she understood to be the said will, by which she could not be able to identify the same, nor did deponent to the best of her recollection see the said Jane Mylvoirrey put her name or mark to the said paper writing or put her hand to the pen for that purpose; that some few days after the deponent had been called upon as a witness tot he said paper writing as aforesaid, the said Jane Mylvoirrey declared to this deponent that she the said Jane Mylvoirrey had not signed the said paper writing and deponent does not know but said Jane Mylvoirrey might have repeated the above confession more than once. [signed her mark] Elizabeth Killey. Between William Halsal & Elizabeth his wife of the parish of KK Patrick, and William Mylvorrey, William Cosnahan and John Cowle: At KK Patrick 28^th July 1798 exhibited to Philip Quirk witness examined in this Cause at the time of his examination and certified so be.

Between William Halsal and Elizabeth his wife,¨petitioners, and William Mylworrey, William Cosnahan, and John Cowle, defendants, in the Ecclesiastical Court, to the Revd. Evan Christian one of the Vicar Generals of this diocese, the humble petitioner sheweth that your Petitioners some time ago preferred a petition to your Reverence stating that Thomas Mylworrey and Jane his wife duly made and published their last will and testament in writing and appointed the survivor of them to be executor thereof and that the said Thomas Mylworrey had sometime after the decease of the said Jane by a certain instrument in writing or deed by him duly made given granted and settled all singular his goods effects to and upon your petitioners and praying that the said will might be proved and approved of and the burden that they committed to your petitioners; that the said defendants thought proper to litigate the validity of the said will and the witnesses to the same were thereupon xxx xxx as to the same having been duly xxx; your petitioners therefore humbly pray for a hearing of his petition and that the said will may be proved and approved of and the burden and xxx thereof committed to our petitions and they shall pray. Ordered that the before going petition do come on to be heard before me at the Ecclesiastical Court to be holden in the Court house in the Parish on Friday next whereof all proper parties and persons to have due notice; ;given at KK Patrick 20^th August 1798. At KK Patrick 24^th August 1798, continued.

At a Consistory Court holden in the Court house in the Parish of KK Patrick on the 31^st day of August 1798; upon hearing the before going petition in the presence of the said parties and their advocates and upon reading the said original petition of the petitioners in this Cause; a paper writing marked with the letter ‘A’ purporting to be the joint last will and testament of Thomas Mylworrey and Jane Mylworrey als Quirk of the Driney in the Parish of KK German and exhibited into Court by the petitioners (a Deed of Settlement granted by Thomas Mylworrey to William Halsal and Elizabeth his wife dated 27^th March 17xx) and the depositions of Philip Quirk of the Parish of KK German, schoolmaster, and of Elizabeth Killey of the Parish of KK Patrick, spinster, being witnesses produced sworn and examined before the Revd. Thomas Cubbon Archdeacon’s Official Register by and in behalf of the said petitioners and upon consideration had thereof as also of what was otherwise offered pleaded argued alleged and admitted by and on behalf of the said parties respectively, the Court are of opinion that the said paper writing is and doth contain the last will and testament of the said Jane Mylworrey als Quirk and that the petitioner William Halsal out to have the burden and execution thereof committed to him and do thereupon hereby pronounce decree and declare for the validity of the said will so far as concerns the said Jane Mylworrey als Quirk and that the said William Halsal be sworn the executor thereof accordingly.

At a Consistory Court holden in the Court house in the Parish of KK Patrick on the 31^st day of August 1798, the said Jane Mylevorrey als Quirk having lately departed this life without altering or revoking the before written will, the said William Halsal is pursuant to the Court’s decree of equal date herewith."