MARY ANN COWLEY als MYLREA to JOSEPH SHARP

Sale - 1902 (Douglas & Michael)

This Indenture made this seventeenth day of August one thousand nine hundred and two between William Henry Corjeag of Ballalonna in the parish of Michael and Mary Ann Cowley of Ballacarnane of Michael aforesaid, widow, Committee duly appointed upon the twenty fourth of October one thousand nine hundred by the Chancery Division of the High Court of Justice of John Mylrea of the said parish of Michael, a lunatic aforesaid by inquisition (the said William Henry Corjeag and Mary Ann Cowley as such Committee aforesaid being herein after called the vendors) of the one part and Joseph Sharp of Hawarden Avenue in the borough of Douglas, retired coal merchant, hereafter called the purchaser and which expression shall be deemed to include his heirs and assigns where the context so permits of the other part

Whereas by order made at a sitting of the Chancery Division aforesaid, held at Douglas upon the twenty sixth day of February one thousand nine hundred and two upon the hearing of a petition presented by the vendors and the said Mary Ann Cowley, His Honour the Clerk of the Rolls was pleased to order and decree that the vendors be and they were in and by the order now in part recital authorised to make sale by public auction of the unsold real estate of the said lunatic, with the said petition described as consisting of therein set forth of a certain meadow in the parish of Michael, a quarter share of a certain house in Bigwell Street in Douglas aforesaid, and a quarter share of a house in Wellington Square in Douglas aforesaid, and it is thereby further ordered that any sale thereof, including the sufficiency of the price realised, should be subject to the approval of the Court and if any such be approved, that the vendors execute, make and do all deeds, instruments and things necessary and proper to vest the sold portions in the purchaser or purchasers thereof absolutely, and it is further ordered and decreed as is thereafter set forth

And whereas the unsold real estate of the lunatic was erroneously described in the petition and order referred to in the last preceeding recital inasmuch as the interest in the said lunatic in the said meadow in Michael was an undivided moiety thereof and not the whole thereof as therein set forth

And whereas the said unsold real estate of the said lunatic is more fully described in the Schedule hereunder written, and is herein after referred to as the scheduled property

And whereas the said house in Wellington Square in Douglas is subject to an irredeemable ground rent or rent charge of one pound paid to Henry Evans Gelling of Castletown, esquire, advocate

And whereas the vendors, acting under and by virtue of the said order of the twenty sixth day of February one thousand nine hundred and two, after due advertisement put up for sale by auction on the twenty seventh day of May one thousand nine hundred and two, the scheduled property in three lots and the same were after several bids or offers had been made therefore, knocked down to the purchaser as the highest bidder for, and purchaser thereof, for the total aggregate sum of one hundred and twenty three pounds

And whereas it was provided in and by the written Conditions of Sale under which the scheduled property was sold that the purchaser of the Wellington Square property should be entitled to deduct from his purchase money and retain in his hands a sum equal to the value capitalised for the said sale of twenty years purchase of the proportion of the said ground rent of one pound payable in respect of the said lunatic's interest in such property, being as before described an undivided one fourth thereof and which amounts to the sum of five pounds

And whereas by an order made at a sitting of the said Division holden in Douglas upon the fourth day of June one thousand nine hundred and two, upon the hearing of the petition presented by the vendors and the said Mary Ann Cowley, his honour the Clerk of the Rolls was pleased to order and decree (inter alia) that the sale of the scheduled property to the purchaser at the price be, and the same was thereby confirmed and that the Committee should execute, make and do all deeds, instruments and things necessary and properly to vest the said real estate in the purchaser and it is thereby further ordered that the said order of the twenty sixth day of February one thousand nine hundred and two be and the same was thereby varied in so far only as the same describes the said meadow as being the sole property of the said Mylrea instead of his interest therein being described as one undivided moeity thereof, the said order for sale being in all other respect thereby confirmed

And whereas the purchaser has paid to the vendors the full amount of the said purchase money, after making the deduction aforesaid and has called upon them to convey to him the scheduled property

Now therefore this Indenture witnesseth that the vendors under and by virtue of the said orders of the twenty sixth day of February one thousand nine hundred and two, and of the fourth day of June one thousand nine hundred and two, and of all other powers and authorities ... in that behalf enabling and for and in consideration of the sum of one hundred and twenty three pounds, whereof the sum of five pounds is left in the hands of the purchaser as representing the value capitalised of twenty years purchase of the proportion of the said annual irredeemable ground rent or rent charge of one pound chargeable upon Wellington Square property herein before referred to, and the balance of one hundred and eighteen pounds is now paid to the vendors by the purchaser, the receipt thereof the vendors do hereby acknowledge, do hereby grant, bargain and forever absolutely sell and convey to the purchaser, all and singular the scheduled property together with all ways, waters, watercourses, easements, liberties, rights, members, privileges and appurtenances to the same belonging or in anywise appertaining

To have and to hold the same to the purchaser from this date absolutely and forever, the purchaser yielding and paying all boons, suits and customary burdens payable and performable in respect of the same, according to the laws and customs of this Isle. And the same is conveyed subject thereto and also subject to the said annual irredeemable ground rent or rent charge of one pound payable to the said Henry Evans Gelling or to such proportion thereof as is payable in respect of the share of the Wellington Square property conveyed, and the vendors do hereby covenant with the purchaser that they have not done any act or thing whereby the scheduled property or title thereto may be in anywise charged, encumbered or prejudicially affected

In witness where of the vendors have hereunto subscribed their names the day and year aforesaid

SCHEDULE

(within referred to)

All and singular an undivided fourth share of a plot or parcel of land situate in Bigwell Street in the borough of Douglas and parish of Conchan, such plot being bounded on the north by Shaw's Brow, on the south by Bigwell Street, and the property of ....... [blank] on the east by the property occupied by .... [blank].. Kelly, and on the west by the property of William Montgomery Stewart, together with an undivided fourth share of the dwelling house, yard and premises on such plot situate and numbered 30 in Bigwell Street aforesaid. Also all and singular an undivided fourth share of a certain plot or parcel of land situate in Wellington Square in Douglas and Conchan aforesaid, such plot being on the north of the property of John Clark, on the south by the property occupied by John Skillicorn, on the east by Wellington Square aforesaid and on the west by the property of ..[blank] .. together with an undivided fourth share of the dwelling house and premises erected in such plot and situated and numbered 17 in Wellington Square aforesaid. Also all and singular an undivided half share of a certain meadow in the parish of Michael containing 1 acre and 3 roods thereabouts and bounded on the north by Shaughlayne or Shalgaige on the southside of Balla ....., on the east by Ballameanagh and on the west by Ballmeanagh aforesaid

Mary Ann Cowley, William H Corjeag

Signed and delivered by the vendors in presence of Reginald Farrant

Registry Office etc etc

[REF: Sept 1902 #5 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 the death of her husband in 1900
  4. This contract is to remove ownership of property from Mary Ann's disabled brother. Mary Ann had previously (1902) sought the Court's permission to sell John's goods on the basis that she was out of pocket with expenses associated with this care
  5. John had suffered an injury that caused his disability in 1876 in Manchester. He received a weekly pension of 6/- from the Manchester Joiner's Benefit Club. In 1881 when, in the census, he was living with his parents and listed as a joiner (formerly) and the word "imbicile" was added
  6. With the Court's approval, she sold his property (this contract), and repurchased all of the properties the following day. The Court' had to approve Mary Ann's repurchasing and issued a Memorial confirming the Court's approval
  7. This contract confirms that Mary Ann's brother was entitled to a fourth share of the Bigwell Street and to another fourth share of the Wellington Square premises, both mentioned in their father's 1887 will
  8. 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