MARGARET FRISSELL QUAYLE

Petition - 1871 (Castletown)

This document bears witness to the transition of of Patrick Cunninghame's assets away from Margaret Frissell Quayle, his wife who was still alive when this particular sequence played out, but who had remarried after the death of Cunninghame in 1872

Whereas in the petition of Mylrea Tellet Quayle and James Gell of Castletown esq Trustees of the Marriage Settlement of Patrick Taubman Cunninghame and Margaret Frissell his wife (hereinafter called the Trustees) and of the said Patrick Taubman Cunninghame and Margaret Frissell his wife the honourable Court of Chancery was on the 16th day of June 1870 pleased to order that the Trustees be authorised to purchase a certain parcel of wasteland part of the lands called the Claddagh in the parish of Malew and adjoining the grounds attached to Lorne house in the said parish (the said house called Lorne housetogether with the gardens, grounds and offices attached and belonging thereto being part of the Trust property Images 4,5,6,7 won't load ..........

each survivor of the Trust expressed and declared as to the property of the said Patrick Taubman Cunninghame in and by the said Marriage Settlement such grant and conveyance being made by the honourable James Kenneth Howard, Commissioner of her Majesty's .... , ...., and land revenues in behalf of her Majesty

And whereas the Trustees have arranged to borrow the said sum of 150 from John Frederick Gill of Castletown aforesaid, esquire, advocate

Know all men by these presents that the Trustees in pursuance of the power and authority given them by the order of the said Court of Chancery hereinafter referred to and dated the 16th day of June 1870 and in consideration of the said sum of one hundred and fifty pounds paid to them the Trustees by the said John Frederick Gill the receipt whereof is hereby acknowledged (which sum has been applied in payment of the purchase money of the said parcel of wasteland

Have given, granted and mortgaged and by these presents do give, grant and mortgage unto the said John Frederick Gill all and singular said parcel of wasteland granted and conveyed by the said Deed of the 25th day of July 1870 the same being [party?] the Claddagh aforesaid in the said parish of Malew and also the said house in the said parish called and known as Lorne house together with the gardens, grounds and offices attached and belonging thereto

To have and to hold the same with the appurtenances thereto un anywise belonging unto the said John Frederick Gill his executors, administrators and assigns until the payment of the said principal sum of one hundred and fifty pounds with interest thereon with all costs and charges attending these presents

Provided always and it is hereby declared that in case the interest to arise under these presents be paid yearly as it becomes due or within one calendar month thereafter then such interest shall be reduced to and be paid and received at the rate of four pounds ten shillings per centum per annum

In witness whereof the Trustees have hereunto subscribed their names this 25th day of November 1871. MTQuayle, J Gell

Signed and delivered in presence of MTQuayle, John Gell

At Castletown the 4th December 1871 John Gell one of the subscribing witnesses to the foregoing Deed and who is known to me made oath that Mylrea Tellett Quayle and James Gell esq the executing parties thereto severally duly executed the same in his presence and in the presence of MFQuayle the other subscribing witness. ............ High Bailiff

Whereas on the 25th day of November 1871 Mylrea Tellett Quayle and James Gell Trustees of the Marriage Settlement of Patrick Taubman Cunninghame and Margaret Frissell his wife under authority and by the direction of the Court of Chancery passed a Deed of Mortgage to John Frederick Gill of Castletown esquire for the principal sum of one hundred and fifty pounds with interest, costs and charges secured upon a certain parcel of wasteland, part of the Castletown Claddagh in the parish of Malew and lying between the grounds of Lorne house in the said parish and the road which runs by the side of the Castletown river and also upon the said Lorne house and grounds

 

And whereas such Deed of Mortgage was recorded on 16th day of December 1871

And whereas the Deed dated the 14th day of November 1874 the said Mylrea Tellett Quayle and James Gell assigned the said Deed of Mortgage to James Stewart Robertson of Edreadvale in the County of Perth esquire in trust for Miss Margaret Christian Johanna Cunninghame, her executors, administrators and assigns Trustees as aforesaid to hold on the trusts declared in the said Marriage Settlement as to the property of the said Margaret Frissell Cunninghame

And whereas the said Margaret Christian Johanna Cunninghame died on the 14th day of April 1885

And whereas the will of the said Margaret

...........Christian Johnanna Cunninghame dated the 23rd day of May 1877 and two codiciles thereto dated respectively the 16th day of June 1880 and the 10th day of July 1884 was proved in the Isle of Man on the 12th day of April 1886 when Letters of Administration of the estate and effects of the said Margaret Christian Johanna Cunninghame with the said will and codicils annexed were granted to the said James Stewart Robertson the elder during the minority of Helen Stewart Robertson the executrix in the said will ........... and until she should apply for probate

And whereas on the 28th day of November 1892 the said Letters of Administration were recalled by the Common Law Division of Her Majesty's High Court of Justice of the Isle of Man and probate of the said will and codicils were granted to the said Helen Stewart Robertson the executrix named therein

And whereas by Deed dated the [blank] day of [blank] 1893 the said James Stewart Robertson the elder assigned the said Deed of Mortgage to the said Helen Stewart Robertson executrix of the said will of the said Margaret Christian Johanna Cunninghame

And whereas James Stewart Robertson of Colquhalgie in the County of Perth is now the owner of the said mortgaged property

Now these presents witness that the said Helen Stewart Robertson executrix as aforesaid doth acknowledge to have received from the said James Stewart Robertson of Colquhalgie esquire the whole amount of principal inherent, interest, costs and charges due and owing under the said Deed of Mortgage of the 28th day of November 1871 and she doth desire that such Deed be cancelled upon record

As witness her subscription this seventeenth day of March 1893. Helen Stewart Robertson

Witnessed by Stewart Robertson of Edradznate, Perthshire, landed proprietor

MWilliam McEwen of 9 South Charlotte Street ........... to the Lynch

I the right honouragle James Alexander Russell, Lord Provost of the City of Edinburgh in the County of Midlothian in that part of the United Kingdom known as Scotland do hereby certify that on this day personally appeared before me William Campbell McEwen of Number Nine South Charlotte Street Edinburgh aforesaid, writer to the signet one of the subscribing witnesses to the execution of the foregoing Deed dated the 17th day of March 1893 (whose name is hereunto subscribed) and made oath that Helen Stewart Robertson the executing party to such Deed duly signed and executed the same in the presence of him the said William Campbell McEwen and in the presence of James Stewart Robertson of Edradynate Perthshire, landed proprietor, the other subscribing witness

Given under my hand and official seal at Edinburgh aforesaid this fourth day of April 1893. JARussell, Lord Provost

Registry Office 16th December 1871 I certify that the foregoing Deed was this day at the hour of ten o'clock forenoon was received by me at this office for the purpose of being registered and recorded according to law and that the same is duly registered and recorded and entered in the Requisition Book 7 page 246 No 3192 AMHarris

Rigistry Office 16th December 1871 See assignment from John Frederick Gill to Mylrea Tellett Quayle and James Gill Trustees of Marriage Settlement of Patrick Taubman Cunninghame dated 13th day of December 1871, received this day and entered in the Requisition Book 7 page 246 No 3193. AMHarris

Registry Office 26th January 1875 See assignment from Mylrea Tellett Quayle and James Gill, Trustees to James Stewart Robertson dated 14th November 1874 recorded this day and entered in the Requisition Book 8 page 94 #1213. AMHarris

Registry Office 7 May 1894 See assignment from James Stewart Robertson to Helen Stewart Robertson executrix of Margaret C J Cunninghame dated 17 March 1893 received this day and entered in May 1894 Requisition Book 12 ......... No 4513. Frank I Johnson, DR

]REF Dec 1871 #98 Malew]

NOTES

  1. Deemster/Archdeacon/MHK/Attorney General; once possessors of the Dollough estate
  2. Margaret Frissell Quayle 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 Patrick Taubman 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 complexity of Margaret's Marriage Settlement and the associated actions of the Trustees to the Settlement point to the wealth on both sides of the samily
  8. 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. 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

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