MARY ANN COWLEY als MYLREA & WILLIAM CORJEAG

Application to sell the assets of JOHN MYLREA

In the High Court of Justice, Chancery Division

In the matter of the estate of John Mylrea, a lunatic

To his Honour Sir James Gell, Knight, Clerk of the Rolls and Judge of the said Division

The humble petition of William Henry Corjeag of Ballalonnie in the parish of Michael and Mary Ann Cowley of Michael aforesaid, widow, Committee over the person and estate of John Mylrea, a lunatic, and Mary Annie Cowley

Sheweth

1. By an order of the above-named Division of the honourable Court at a sitting thereof holden at Douglas on the 15th day of December 1886, your petitioner William Henry Corjeag and John Mylrea of Cronk Urleigh in the parish of Michael, farmer, were appointed committee over the person and property of John Mylrea junior, son of the said John Mylrea, a lunatic so found by inquisition

2. By order made at a sitting of the above named Division of this honourable Court held in Douglas on the 12th day of February 1890, he the said John Mylrea having died, Thomas Cannell of Michael aforesaid, was appointed as Committee over the said lunatic to act along with your petitioner, the said William Henry Corjeag

3. By order made at a sitting of the above named Division of the honourable Court held in Douglas on the 3rd day of April 1895, the said Thomas Cannell having died, John Corkill Watterson Cowley of Michael aforesaid was appointed as Committee over the said lunatic to act along with your petitioner, the said William Henry Corjeag

4. By order made at a sitting of the above named Division of the honourable Court held in Douglas on the 20th day of October 1900, the said John Corkill Watterson Cowley having died, your petitioner Mary Ann Cowley was appointed as Committee over the said lunatic to act along with your petitioner, the said William Henry Corjeag

5. No accounts of the acts and proceedings of the said various committees over the said lunatic have ever been filed

6. The said lunatic has since the 15th day of December 1886 (with the exception of about six months during which he was in the lunatic asylum) resided continuously with and under the care of your petitioner, the said Mary Ann Cowley

7. The said lunatic is entitled to the following real estate in this island, namely a certain meadow in Michael aforesaid, a quarter share of a certain house in Bigwell Street in Douglas and a quarter share of a house in Wellington Square in Douglas. He is also entitled to certain monies standing to the credit of an account styled "... in re the Douglas Town Improvement Act 1889 & the Douglas Town Improvement Amendment Act 1891 and in re Mayor, Aldermen and Burgesses of Douglas and William Henry Corjeag and another Committee of John Mylrea, a lunatic, in the above-named Division of this honourable Court, amounting to the sum of £34/17/6 or thereabouts and being his share of the compensation money paid by the Town Commissioners of Douglas for a certain house in James Street taken for the purpose of street improvements. He is also entitled to certain moneys amounting to the sum of £[blank] being his share of the purchase money of a house numbered 17 (sic) in Barrack Street sold by agreement with the co-owners by your petitioners acting under of two several orders or Court bearing date the 12th day of April 1899 and the 8th day of November 1899 and he is also entitled to a sum of 6/- per week or thereabouts from the Joiners and Carpenters Club of Douglas

8. Your petitioners have received the rents of the said real estate and the said Club money being the whole of the income of the estate ofn the said lunatic (with the exception of any interest accrued due on the said moneys so in Court as aforesaid from the time of the payment .. in respect of outgoings) and have thereout made requests in respect of outgoings in connection with the said real estate and the maintenance of the said lunatic and otherwise and have prepared and account showing the dealings from such estate from the said 15th day of December 1886 to the 3rd day of December 1901 of the Committees aforesaid and are desirous of having the said accounts passed and allowed by the court

9. Your petitioners have prepared accounts showing their dealings with the said purchase money from the said Number 17 (sic) Barrack Street so sold as aforesaid and are desirous of having the same passed and allowed by the Court and the balance shown thereon or the sum of £[blank] paid into Court in terms of the said order of 12th day of April 1899

10. Income of the said estate is and has been for some time past insufficient to provide for the proper maintenance and support of the said lunatic and your petitioners submit that it would be in the best interests of the lunatic if the real estate aforesaid or part of it were sold by or mortgaged by your petitioners and the proceeds applied in the payment off of all unpaid liabilities of the said estate of the lunatic and of arrears of maintenance and in providing for his future maintenance. They are also desirous of obtaining an order for payment out of Court of the said sum of £34/17/6 being the proportionate share of the said lunatic of the purchase money of the said premises so in Court to the credit of the said account as aforesaid to your petitioners or to two trustees in manner directed by the Land Clauses Act 1871 and also for the payment out of Court of the said sum of £[blank] so to be paid into Court as said account as aforesaid in reduction in the amount required to discharge the liabilities and arrears of the maintenance of the lunatic aforesaid

Wherefore your petitioners humbly pray a hearing hereof and that your honour may be pleased:

(1) to pass and allow your petitioners' said account of the acts and proceedings of the Committee of the said John Mylrea, a lunatic

(2) to pass and allow your petitioners' said account of their dealings with the said share of the purchase money of Number 17 (sic) Barrack street and to make an order for the payment into Court for the balance of £25/12/1 ... thereby to be in your petitioners' hands

(3) to make an order for the payment out of Court to your petitioners or two trustees of the said sum of £34/17/6 being the said share of the said lunatic of the purchase money of the said premises so in Court to the credit of the said account aforesaid together with the interest accrued due thereon from the date of the payment in and also for the payment out of Court to your petitioners of the said balance of £25/12/1 so to be paid into Court as aforesaid, such two sums to be applied by your petitioners in payment of the unpaid liabilities and arrears of maintenance of the said lunatic aforesaid

(4) to make an order for the sale or mortgage of the said real estate belonging to the said lunatic or such part thereof as may be necessary for the purpose and authorise your petitioners to apply the proceeds of such sale or mortgage in payment of the balance of all unpaid liabilities due by the estate of the said lunatic and of arrears of past due maintenance and in making provision for the future maintenance of the said lunatic with such other and further relief as is meet and your petitioners will ever pray etc etc

Reginald D Farrant Advocate for petitioners

Ordered that this petition do come on to be heard at a Court to be holden at Douglas on Wednesday the 3rd day of February 1902 at 11 o'clock in the forenoon wherof all proper parties and persons to have due notice

Given this 12th day of February 1902. C. Gell CR

At a Court holden at Douglas the 12th February 1902, His Honour Sir James Gell C.R.

This petition being part heard this day in presence of counsel for the petitioners and for the defendants and Elizabeth Corlett a party noticed thereunder not appearing the same stands adjourned into Chambers on Wednesday the 19th February instant when the accounts (in this petition referred to) are to be settled and any orders made. C Gell C.T.

At Douglas in Chambers the 19th February 1902

His Honour Sir Charles Gell C.R.

This petition having been further heard this day in presence of the counsel for the petitioners and for the defendants and Elizabeth Corlett a party noticed thereunder not appearing, the same stands adjourned into Chambers on Wednesday 19th February instant when the accounts (in this petition referred to) are to be settled and any neessary Orders made

At Douglas in Chambers the 19th February 1902

His Honour Sir Charles Gell C.R.

This petition having been further heard this day in presence of the parties or their counsel the same stands adjourned into Court on Wednesday 26th February instant

At a Court holden at Douglas the 26th February 1902

His Honour Sir Charles Gell C.R.

Upon hearing this petition in presence of the parties or their counsel and upon consideration had thereof and of the oral adduced, it is ordered that petitioners as Committee of John Mylrea a person of unsound mind (so found by inquisition) be and they are hereby authorised to make sale by public auction of his unsold real estate in this petition, described consisting of a certain meadow in the parish of Michael, a quarter share of a certain house in Bigwell Street in the town of Douglas, a quarter share of a house in Wellington Square in such town and let any sale thereof (including the sufficiency of the prices offered) be subjct of the approval of the Court and if any such approved, let the petitioners (as Committee) execute, make and do all deeds, instruments and things necessary and proper to vest the sold portions in the purchaser or purchasers thereof and let an examination or enquiry into the accounts of such sales together with the accounts referred to in the preceding orders of the 12th and 19th of February instant stand adjourned into Chambers. C. Gell C.R.

[Ref: Chancery Court Dec 1902 No 17A]

NOTES

  1. Cronk Urleigh
  2. This application is to (a) sell the assets of Mary Ann's brother John, and (b) get access to his funds held in trust in order to meet past and future costs associated with John's care
  3. John, the subject of this petition, suffered an injury that caused his disability in 1876 in Manchester and received a pension of 6/- per week 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), the word "imbicile" was added
  4. There were several inaccuracies in this petition - John's pension came from a Manchester group, not from a Douglas organisation; he had been in Ballamona asylum for 18 months, not six months
  5. It is not apparent why Mr Corjeag was a guardian, but being the miller at the Shore mill, a prominent Primitive Methodist local preacher, a substantial land holder & heavily involved in local affairs, he might simply have been a well known person. He has been one of John's trustees since guardians were first appointed
  6. John lived with his sister Mary Ann Cowley als Mylrea in Cronk Urleigh, and had done so since his father died in 1887. He remained with her until he died in 1905, apart from a brief sojourn in Ballamona Asylum
  7. John was entitled to a fourth share in two dwellings - Bigwell Street, Wellington Street - after two other dwellings - James Street and dwelling, Barrack Street - had been sold previously. These four dwellings derived from the will of the father of John and Mary Ann, and had probably come through their mother Margaret Mylrea als Barrie als Brew.
  8. The sale of John's assets was duly advertised in Mona's Herald on May 21 1902, to take place on Tuesday 27th May 1902
  9. The following day, Mary Ann repurchased these assets
  10. Mary Ann now had control of all of the Mylrea tenancies in Michael, all of Bigwell Street, and half of the Wellington Square
  11. With the Court's approval, she sold his property 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
  12. 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

Associated Documents

Last updated: Nov 2024