MARGARET FRISSELL QUAYLE

Marriage Contract - 1853 (Castletown)

This Indenture made the twenty ninth day of April one thousand eight hundred and fifty three between Patrick Taubman Cunninghame of Ballanorris in the parish of Arbory esquire of the first part, Margaret Frissell Quayle of Castletown spinster, by and with the consent and approbation of John Quayle of Castletown aforesaid esquire her father of the second part, and Robert Thomas Quayle of Castletown aforesaid esquire, and James Gell of Castletown aforesaid advocate of the third part

Whereas a marriage is intended shortly to be had and solemnised between the said Patrick Taubman Cunninghame and Margaret Frissell Quayle, and whereas upon the treaty for the said marriage, it was agreed that the real property of the said Patrick Taubman Cunninghame should be settled on the Trust herein after declared of and concerning the same, and that he should enter into covenants herein after contained for assigning all the property to which the said Margaret Frissell Quaylemay be entitled during the said intended coverture upon the Trust also herein after declared of and concerning the same

Now this Indenture witnesseth that the said Patrick Taubman Cunninghame in pursuance of the said agreement and in consideration of the said intended marriage and of the sum of five shillings paid to him by the said Robert Thomas Quayle and James Gell, the receipt whereof he doth hereby acknowledge

Hath given, granted, bargained and sold and by these presents doth give, grant, bargain and forever absolutely sell unto the said Robert Thomas Quayle and James Gell and the survivor of them and their heirs and assigns of each survivor, all and singular these estates, lands and premises called Ballanorris and Ballavarnish in the said parish of Arbory, Ballastole in the parish of Malew, Balnatron (?) in the parish of RUshen, Ballalig in the parish of Michael, Close Leece in the parish of Patrick, the Grange in the parish of Lezayre, the house called Lorne house situate in the said parish of Malew, now being the government house together with the gardens, grounds and offices attached and belonging thereto, and all other the lands and premises and real estate of the said Patrick Taubman Cunninghame, situate and being in the Isle of Man

To have and to hold the same with the appertenances thereto in any wise belonging unto the said Robert Thomas Quayle and James Gell and the survivor of them and the heirs and assigns of each survivor of them from the day of the solemnisation of the said marriage forever, in trust nevertheless for the purposes hereinafter mentioned, that is to say in trust to suffer and permit the said Patrick Taubman Cunninghame to hold, occupy, possess and enjoy the said estates, lands and premises without impeachment of waste during the joint lives of him and the said Margaret Frissell Quayle, and in case she shall survive him, then in trust to suffer and permit her the said Margaret Frissell Quayle to hold, occupy, possess and enjoy one moiety of the said estates, lands and premises or of the rents, issues and profits thereof during her natural life, and as to the other moiety thereof and as to the whole of the said real estate after the decease of the said Margaret Frissell Quayle, in trust to hold the same for such purposes or to convey the same to such person or persons and upon such conditions as the said Patrick Taubman Cunninghame may by any Deed or writing only his last Will and Testament direct and appoint, it being hereby declared that save and except as to the life interest as aforesaid of the said Margaret Frissell Quayle in one moiety of the said real estate ie. the said Patrick Taubman Cunninghame shall have the like power and control over the said real estate in every respect as he had previous to the execution of these presents, and in case the said Patrick Taubman Cunninghame shall survive the said Margaret Frissell Quayle then upon her decease, in trust to convey the whole of the said estate, lands and premises to the said Patrick Taubman Cunninghame, his heirs and assigns

And this Indenture further witnesseth that in consideration of the said intended marriage, he the said Patrick Taubman Cunninghame for himself, his executors and administrators, hereby covenants and agrees with the said Robert Thomas Quayle and James Gell and the survivor of them and the heirs and assigns of each survivor, that all real and personal estate to which the said Patrick Taubman Cunninghame or Margaret Frissell Quayle or either of them in right of the said Margaret Frissell Quayle shall at any time or times during the said intended coverture become seized or possessed, or to which they or either of them in her right shall become entitled either at law or in equity under any gift by deed or grant or any devise or bequest in her favour or by descent or representation, shall be assured and settled and that the said Patrick Taubman Cunninghame and Margaret Frissell Quayle and either of them shall do and execute and concur in doing and executing all such acts and deeds as may be necessary or required for assuring and settling every part and parcel thereof, unto and upon the Trustees under these presents that is to say In trust to invest the personal estate in such real estate or in such security as may be consented to and directed in writing by the said Patrick Taubman Cunninghame and Margaret Frissell Quayle and from time to time during the lifetimes of the said Patrick Taubman Cunninghame, to pay the rents, interest and income which shall arise from both the real and personal estates to the said Margaret Frissell Quayle for her sole and separate use independently and exclusively of the said Patrick Taubman Cunninghame and without being in any wise subject to his control, debts, contracts or engagements, and the receipt of the said Margaret Frissell Quayle notwithstanding her coverture shall be from time to time a sufficient discharge to the Trustees under these presents provided? always that the said Margaret Frissell Quayle shall not have power to incumber or anticipate the said rents, interest or income, or any part thereof, and in case the said Patrick Taubman Cunninghame shall survive the said Margaret Frissell Quayle then in trust to pay over one moiety of the said rents, interest and income to the said Patrick Taubman Cunninghame during his natural life and as to the other moiety thereof, and as to the whole of the said real and personal estate after the decease of the said Patrick Taubman Cunninghame in trust to hold the same for such purposes or to make over the same to such person or persons and upon such conditions as the said Margaret Frissell Quayle may by any deed or writing or by her last Will and Testament direct and appoint, and in default of such appointment then to convey the real estate to the heirs at law of the said Margaret Frissell Quayle and the heirs and assigns of such heir at law and to make over the personal estate to the next of kin of the said Margaret Frissell Quayle and in case she shall survive the said Patrick Taubman Cunninghame then in trust to convey and make over both the real and personal estates to the said Margaret Frissell Quayle as her absolute property

Provided always and these presents are in this express condition that the said Margaret Frissell Quayle shall not be entitled to [dower?] in the lands and premises of the said Patrick Taubman Cunninghame or to any right as his widow which she might have by law in the real and personal estates now belonging to or which may hereafter be acquired by the said Patrick Taubman Cunninghame otherwise in case he shall make any other disposition thereof but not otherewise as provided by these presents and she doth with the consent and approbation of her said father accept the provisions made in her behalf by these presents in lieu and in ... of all her rights in the said real and personal estates other than those secured to her by these presents

Provided also that the said Patrick Taubman Cunninghame shall be and he is hereby empowered from time to time to let the lands and premises and real estate granted and contemplatd by these presents for such term of years and not exceeding twenty one years as he may judge necessary, the leases to be given being for a fair yearly rent to be reserved out of the premeses let thereby

Provided also that it shall be lawful for the trustees under these presents with the consent and by the direction in writing of the said Patrick Taubman Cunninghame and Margaret Frissell Quayle to sell any part of the said estates, lands and premises or real estate granted or contemplated as aforesaid by these presents or to exchange the same for other lands and premises, and to lay out the produce of the sale of any part of the said real estate in the purchase of such other real estate or in each security may be converted to and directed in writing by the said Patrick Taubman Cunninghame and Margaret Frissell Cunninghame and also with the like consent and direction to change securities from time to time and it is hereby declared that the real estate to be purchased or received in exchange as aforesaid and the moneys which may be invested in security as aforesaid shall be held by the said trustees in the like trusts and subject to the same conditions as the estates, lands and premises sold or exchanged were held and subject to ... to the sale or exchange thereof

Provided also that save and except as to the provisions secured by these presents for the benefit of the said Margaret Frissell Quayle during coverture and which provisions are hereby declared ................. it shall be lawful for the said Patrick Taubman Cunninghame and Margaret Frissell Quayle to alter or vary the trust contained in these presents for the purpose of making provision for issue or ... of such issue

And it is hereby declared that the said trustees shall not be liable for acts or defaults of eachother but that each trustee she be liable for his own wilful neglect and defaults and that the said trustees shall be entitled to be indemnified out of the trust ... for all expenses connected with the execution of the trusts hereof and for their trouble in the premises

In witness whereof the parties have hereunto subscribed their names the day month and year first before written. (The ... in case he should make any other disposition thereof but not otherwise in the nine page, the work "let" in the tenth page, and "Frissell" in the tenth page being first interlined P.T.Cunningham, M.F Quayle, John Quayle, R.T.Quayle, J. Gell

Signed and delivered in presence of George Tyson, Elizabeth [Helly?]

At Castletown 29th April 1853 Patrick Cunninghame, Margaret F Quayle, John Quayle, Robert F Quayle and James Gell the executing parties to the before written deed who are personally known to me acknowledged the same to be their proper act and deed. Before me ...................

Register Office 2nd May 1853 I certify that the beforegoing deed was this day at the hour of four o'clock afternoon received by me at this office for the purpose of being registered and recorded according to law and that the same is entered in the Requisition Books page 116 No 923. JCB Watts, ... Reg

Registry Office 8 May 1876 See Conveyance and Discharge from Margaret F Cunninghame and James Gill and other Trustees of PTCunninghame. Dated 4 May 1876 recorded this day and entered in Requisition Book 8 page number 2294. ... J Harris , ....

Registry Office 24 January 1877 The Marriage Settlement for Margaret Frissell Cunninghame & Edward Ferrier to Mylrea J Quayle and Sir James Gell Dated 28 August 1877 Recorded Sept 1881 No 75. ... J Harris, .....

Registry Office 11 Nov 1907 The appointment of new trustees by Chancery Court dated 12th March 1868 recorded this day and entered in Nov 1907 No 126. Frank .. Johnson, Reg

Registry Office 11 Nov 1907 In appointment of Trustees by Chancery Court dated 3rd Dec 1880 recorded this day and entered in Nov 1907 No 127. Frank I Johnson, Reg

 

[REF May 1853 #1 Malew]

NOTES

  1. Deemster/Archdeacon/MHK/Attorney General; once possessors of the Dollough estate
  2. Margaret was the daughter of John Quayle and Margaret Frissell Tellet who married in 1821. She was their fifth child and first daughter born in 1835
  3. She was 18 when she married Cunninghame. He was 26. He died in 1872 and Margaret remarried a man of the cloth, Edward Ferrier
  4. Her great grandparents were Rev William Mylrea and Ellinor als Gell, and through the generations the Mylrea and Quayle families have displayed a great deal of wealth
  5. When Lucy Mylrea (daughter of Rev William Mylrea and Margaret's grandmother) married John Quayle in 1783, the bequest from her mother Ellinor was £1,000
  6. Her mother's will - Margaret Frissell Quayle als Tellett - is evidence of the continuing wealth is Margaret's family
  7. The various and voluminous Deeds/Trusts were constructed over the years ostensibly to protect Margaret but were really to ensure that the Cunninghame legacy remained with the Cunninghames after his death. He became the default heir when his older brother died in Nova Scotia. Things might have been different if Patrick and Margaret had children. After Margaret's death, the Cunninghame inheritance went to an unmarried sister of Patrick who had already died, and so it passed to a nephew who promptly sold the lot to Henry Noble
  8. Cunninghame was a part owner of the Ellin Vannin
  9. Margaret's sister, Lucy, on the other hand had 15 children

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Last updated: May 2024