MARY ANN COWLEY als MYLREA

Memorial - 1902 (Douglas & Michael)

This is a memorial for Registration in the Registry for Deeds Douglas of two certain orders or decrees of the High Court of Justice Chancery Division the first of which orders and decrees was made at a sitting of the said Division held at Douglas on the 25th day of February 1902 upon a hearing of a petition presented by William Henry Corjeag of Ballalonna in the parish of Michael, farmer, and Mary Ann Cowley of Cronk Urleigh in Michael, widow, committee of the person and estate of John Mylrea of Cronk Urleigh aforesaid a lunatic, so found by inquisition, and the said Mary Ann Cowley against the Mayor, Aldermen and Burgesses of the borough of Douglas with notice to Elizabeth Corlett of the town of Ramsey, widow, whereby it was ordered and decreed (inter alia) that the petitioners as committee of John Mylrea, a person of unsound mind (so found by inquisition) he and they were duly authorised to make sale by public auction of the unsold real estate of the lunatic in the petition, described consisting of a certain meadow aforesaid, a quarter share of a certain house in Bigwell Street in Douglas aforesaid (and the parish of Conchan) and a quarter share of a house in Wellington Square in Douglas and Conchan aforesaid (including the sufficiency of the price offered) to be subject to the approval of the Court and if any such sale be approved that the petitioners (as Committee) execute, make and do all deeds, instruments and things necessary to vest the sold portions in the purchaser or purchasers thereof absolutely

And the second of which orders or decrees was made at a sitting of the said Division held in Douglas the 4th day of June 1902 upon the petition of the said petitioners against the same defendants and noticed party whereby, after reciting that the Committee pursuant to the foresaid order of the 25th day of February 1902 offered for sale by public auction the real estate of the said lunatic as named and described in Paragraph 1 of the petition (and herein before described) save as to the meadow in Michael aforesaid therein named thereof one undivided moeity only and not the whole was offered and at such auction James Sharp of Douglas aforesaid (herein after called "the purchaser") the highest bidder therefore became the purchaser of such real estate at the aggregate price of £123, subject however to so much thereof as was situate in Wellington Square in Douglas aforesaid which was chargeable as a whole with an annual ground rent of £1 to a deduction of £5 such sum being estimated as the capitalised value at 20 years purchase of the proportion of such ground rent proper to be borne by the said Mylrea's one undivided fourth share in the said property

Also that on the 29th day of May then last, the purchaser sold the whole of such real estate to the petitioner Cowley for the sum of £129-6-0 also that by the terms of the order for sale, the approval of the Court had to be obtained to the sale of such real estate and also it was necessary to sanction the purchaser thereof by the petitioner Cowley and that such approval and sanction were then sought, and upon consideration thereof and of the oral evidence as to the value of such real estate from which it appeared that subject to the aforesaid deduction of £5 the sum of £123 was good and sufficient value thereof, and no objection being raised by Counsel for the said Elizabeth Corlett who was the half sister and heiress at law of the said Mylrea to the said Mary Ann Cowley, one of the said Committee of the said lunatic, purchasing the said real estate as aforesaid, it was thereby ordered and decreed (inter alia) that the sale thereof to the purchaser be and the same was thereby approved and confirmed, and that the Committee execute and make and do all deeds, instruments and things necessary and proper to vest the said real estate in the purchaser absolutely and did thereby further sanction the purchaser thereof by the Committee Mary Ann Cowley from the purchaser and it was thereby further ordered that the order for sale be and the same was amended so far as only the same described the said meadow as being the whole property of the said Mylrea instead of his interest being described as one undivided moeity thereof the order for sale being in all other respects thereby confirmed and William Henry Corjeag and Mary Ann Cowley as Committee of the said John Mylrea as aforesaid and the said Mary Ann Cowley the said petitioner do hereby require this memorial to be recorded

In witness whereof REGINALD DOUGLAS FARRANT advocate to the said petitioners has hereunto subscribed his name this third day of September one thousand nine hundred and two. Reginald Farrant, advocate for the petitioners W.H. Corjeag and M.A. Cowley

Signed and delivered in presence of E. Bllorrey, W.W. Halsall

Affirmations & Registry Office etc etc

[REF: Sept 1902 #6 MIC & ONC]

NOTES

  1. Cronk Urleigh
  2. Mary Ann was the daughter of John Mylrea and Margaret Barrie als Brew
  3. She was a widow, after her husband died in 1900
  4. This contract is the third in a sequence of actions to remove ownership of property from Mary Ann's disabled brother, John Mylrea. First she had to apply to the Courts to undertake the action of sale [the actual application seems not to have survived], then she had to actually sell the property. She then purchased the property back the following day
  5. Mary Ann's brother was entitled to a fourth share of the Bigwell St and of the Wellington Square properties, both mentioned in their father's will. The Barrack St premises had been sold in 1900 and the James Street St dwelling was resumed by the Douglas town Commmissions. Mary Ann and Elizabeth Corlett sold their shares in 1894 so presumably John did too. He was also entitled to the meadow in Michael settled on him by his great aunt in 1875
  6. This contract is a Memorial setting out the processes followed, including the initial approval by the Chancery Court, and the outcomes arrived at
  7. Whether the presence of Elizabeth Corlett, the half sister of John and Mary Ann, was routine because she also had entitlement to the Douglas dwellings or whether she had initially objected to the sequence of events is not made manifest. In 1888, she earlier appeared in Court to object to Mary Ann being appointed John's guardian, an objection that was rejected by the Court
  8. With the Court's approval, she his property (this contract), and repurchased all of the properties the following day. The Court's also had to approve Mary Ann's repurchasing and issued a Memorial confirming the Court's approval
  9. Mary Ann subsequently entered into a Bond with the Courts that she would clother and house her brother John for the rest of his life

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Last updated: Nov 2024