Daniel Quayle 1889
| Submitted by: | Ian Radcliffe |
| Date: | 25 April 2023 |
| Original: | 0106508 |
DANIEL QUAYLE
BALLAUGH
In Her Majesty's High Court of Justice of the Isle of Man
1889 COMMON LAW DIVISION
92 TESTAMENTARY JURISDICTION
To his Honor Deemster Gill
Judge of the said Division
&c, &c, &c.
The humble petition of Thomas
Quayle of the parish of
Ballaugh farmer
Sheweth____________
That your petitioners late uncle Daniel
Quayle of the Curragh in the parish of
Ballaugh farmer departed this life
on the 15th day of Mau 1888 having
first duly made and published
his last Will and Testament in writing
leaving date several years ago
That said will was signed and
duly executed by the Testator in
[new page]
the presence of William Teare postmaster
of the parish of Ballaugh and William
Kermode formerly Chief Constable of
Ramsey but now decd. And the same
was deposited by the Testator with
the said William Teare for safe
custody (the said Teare having also
written the said will).
That the said testator in and by his
said will divised and bequeathed
the whoe of his Real and personal
Estate in this Island which consisted
of a small parcel of land where
he dwelt in the parish of Ballaugh
and the goods and effects in and upon
the same unto your Petitioner who
lived with him and assisted the
decd for many years.
That Petitioner was informed by the Decd
[new page]
is his piop brother John Quayle
who resides at 13 Canon Street Everton
Liverpool and your Petitioners
brother John Quayle & his sisters
Emily and Sarah Quayle
who reside in the parish of
Ballaugh
That petitioner is nor desirous
to establish the said last will and
obtain probate thereof
Wherefore petitioner prays
a hearingtherof and that
your Honor may be pleased
upon proof of the contents
and due execution of the
said will to establish
[new page]
the same as and for the
last will and Testament
of the decd Daniel Quayle
and that Petitioner may obtain
probate thereof and be
sworn executor thereof
and he will pray.
John Lamothe
for Petitioner
Ordered that this Petition do come
on to be heard at a court to be held
at Ramsey on Monday the first day
of April next at 10.30 o'clock in the
fornoon whereof all proper parties
and persons all to have due
notice given this 30th day of March
1889.
[new page]
At a court held at Ramsey
the 1st day of April 1889
This petition is entered to prove
Notice on John Quayle the spthis[?]
next of kin and the heir at Law
of deceased
Thomas Gill
In Her Majesty's High Court of Justice in the
Isle of Man
Common Law Division - Testamentary Jurisdiction
At a court held at Ramsey
on the 15th day of April
1889
Upon hearing this petition in presence
of the petitioner and after the due notice
given to the next of kin and the
Heir at Law of Daniel Quayle in
the petiton mentioned, it appearing
that the said Daniel Quayle late
of the Curragh in the parish of
Ballaugh departed this life on the
15 day of May 1888 having first
(to wit in or about the year 1880)
duly made and executed his last
Will and Testament whereby he devises
and bequeaths to his nephew Thomas
Quayle (the petitioner) absolutely, the
whole of his real and personal
property and effects of every
description and of which will be
[new page]
appointed the said Thomas Quayle
executor and it appearing that
although the said Will has been
lost or mislaid by the person in
whose custody and keeping the
same was deposited by the deceased
and that it is not now forthcoming
yet that the same remained in full
force and virtue as his last Will
and testament. Ive said Thomas
Quayle as herefore Sworn well and
truly to fulfil and execute the same
and to administer the personal Estate
and effects of the said Daniel Quayle
deceased according to Law.
Thomas Gill
a Judge of the Said Court
[New page]
In the matter of the Will of
Daniel Quayle late of the Curragh
Ballaugh
Minutes of Evidence do[?]
Testamentary Court
Ramsey 1 April 1889
Gero[?] v Thos Quayle } In probate of the Will
} of Daniel Quayle, alleged
} to have been made
} about 1880 & since
} lost
Decd died 15 May 1888
Exd
Deceased Dl. Quayle was my uncle. I
lived with him. He died 15 May last
a Bachelor. He had a brother John
Quayle in Liverpool at address produced.
He has one Daughter, who is married.
I have heard for the witness to the Will
that decd' made a Will. Decd. To me
more than once that he intended leaving
all he had to me. I lived with
decd. For 17 years. I was working with
him, getting no wages.
Decd. Was in delecate health during the last
[New page]
three years. My father was Robt. Quayle.
Search was made for a Will - none was
found in the house. He never told me
he had made a will.
Decd. Had a brother, William, who went
to America 40 years ago & had not been
heard of. Also a Sister Margt. Quayle who
died unmarried. I have a brother &
two sisters.
Exd.
The Document produced is signed by
John Quayle, Emily Quayle, & Sarah Quayle
bro & sisters of Geta[?] [admitting notice]
I now decd. I worked for him last year in
April - I went into the house & he
asked me who was going to pay me for
the work I was doing. Isaid "you" he
said "Oh no I have nothing - all is left
to Thomas" (the Petitioner). I asked him
if he had a will done. He said yes and
that it was at William Teare of Ballaugh,
who made the will. Decd. Added that
the Witness of the Will was dead - "But"
he added, "the will is quite safe at Wm Teare".
I suggested he should make another will
& he said it was not nessesary, as the
Will that Teare has would do quite well.
He said all was too little[?] for the trouble
Thomas had had with him.
Decd. Died very shortly after that, aged 72.
[New page]
Deceased on many previous occasions
had told me he had made a will, &
that all was left to Thomas.
The Land Cols[?] for £14 - but it is mortgaged.
The personal estate does not exceed £20.
I knew Decd. - he wished me on one
occasion some day later before he died to
ask Wm teare if he had left all to
Thomas by his will - as he wished thomas
to have all. He sd. That Teare has
the Will, but he wishedthe same that
it was right, as his memory was
failing. I gave the message to Mrs Corlett
who, I believe, took it to Teare. This was
a year or more before the death.
I got the message spoken of by the last
witness & gave it to Teare who sent a
message back that decd. Might not
satisfied - all was left to Thomas.
I am postmaster - & have been farmer.
I knew the decd. Well. I wrote a will for
him 8 or 10 years ago. It was executed
by him in precence of me & of Wm
Kinrade, late gaoler of Castle Rushen
since deceased. All present at
[New page]
the same time. Decd. Was of sound mind.
The Will was left in my posession for
safe custordy. I believed up to the
time of his death, that I had the will
but I cannot find it, altho' I have
searched diligently amongst my papers.
I have other original Willsand in a
bundle which is kept in a cupboard.
I have no recollection of giving back
the will to the decd. TheThe purpose of the Will
was to leave all decd. Had to his nephew
the Petitioner
I generally use a fixed form for
writing wills - the paper provided is
as nearly as I can remember a copy
of the lost Will.
-Continued to notice
John Quayle next of kin
& heir at law
Further Evidence taken at
Ramsey. 15 Ap '89
(nephew)
The address of my uncle John Quayle
is - "No. 13 Canon Street, Everton, Liverpool"
I have recd. Letters from that address in
[New page]
reply to letters written by my advocates'
letter to my said uncle. My uncle has
a daughter who is married to one
Wm. Taylor [Letter from Wm. Taylor produced]
I am an advocate for John.
On 21 March I caused a copy of the
petition, and order for hearing to be made.
This copy with a formal notice of the
object of the application I executed in
an envelope with a letter to the said
John Quayle, addressed it to the address
above stated, and posted the same - &
prepaid the postage.
In reply I received a letter on the
8 Apl; referring to that letter. It is
signed by Wm. Tayloron behalf of the said
John Quayle.
Probate to Thomas Quayle
who was sworn
[New page]
In the name of God Amen.
I Daniel Quayle of the Close-mooar in
the Parish of Ballaugh Weaver Calling
to mind the uncertainty of this mortal
life do proceed make and publish
this my Last Will and Testament in
manner following.
First. I commend my soul to God
and my body to a christian burial.
Secondly & Lastly. I leave and bequeath
to my nephew Thomas Quayle who now
resides with me and his heirs and assigns
by Right, Title and Interest in all and to
All and Singular the whole of my Houses
Lands and premises situate in the said
Parish of Ballaugh and Commonly
Called and Known as the Close Mooar
and meaning and including to mean
by this description the whole of my Lands
and premises situate in the said
Parish of Ballaugh and I also leave
and bequeath to the said Thomas Quayle
the rest and remainder of my Goods
Chattles Invoices Cash Credits and
Effects of whatsoever Kind nature or
description whatsoever or wherever
and I further nominate consitute
ordain and appoint the said Thomas
Quayle my whole and sole Executor
and residuarly Legatee in Testimony
whereof I have hereunto subscribed
my name mark to my name
This the day of (Dec)
[New page]
Thousand Eight Hundred and
Signed by the said Testator}
by affixing his + mark }
thereunto in our prescence }
who at his request, in }
his prescence, and in }
prescence of each other }
Have hereunto subscribed }
our names as Witnesses }
Last Modified 25 April 2023