MARY ANN COWLEY als MYLREA from JOSEPH SHARP

Purchase - 1902 (Douglas & Michael)

This indenture made this eighteenth day of August one thousand nine hundred and two between Joseph Sharp of Hawarden Avenue in the borough of Douglas, retired coal merchant, (hereinafter called the vendor and which expression shall be deemed to include his heirs, executors and administrators where the contract so permits) of the one part and Mary Ann Cowley of Ballacarnane in the parish of Michael, widow, (hereinafter called the purchaser and which expression shall be deemed to include her heirs and assigns where the contract so permits) of the other part

Whereas the purchaser is one of the committee duly appointed by the Chancery division of the High Court of Justice of John Mylrea of Michael aforesaid, a lunatic, so found by inquisition

And whereas by and under an order made at a sitting of the said Division holden at Douglas on the twenty sixth day of February one thousand nine hundred and two by the said committee, the said committee were and are, by the said order, authorised to sell the unsold real estate of the said lunatic by public auction, any sales thereof to be subject to the approval of the Court

And whereas on the twenty seventh day of May one thousand nine hundred and two the said unsold real estate of the said lunatic was by the said Committee offered for sale in three lots when after several bids or offers had been therefore, the same was knocked down to the vendor as the highest bidder for and the purchaser of the same at the price of one hundred and twenty three pounds, subject to the deduction herein after mentioned

And whereas the vendor shortly after the said sale by auction agreed to sell the said property of the said lunatic so purchased by him to the purchaser for the price or sum of one hundred and twenty nine pounds six shillings, subject to the said deduction

And whereas the said property of the said lunatic so sold by auction as afresaid is set for the said described in the schedule herein under written and is herein after called the scheduled property

And whereas the portion of the scheduled property which is situate in Wellington Square in Douglas aforesaid is subject to the proportion of a certain annual irreducible ground rent of one pound, payable out of the whole of the Wellington Square property, to Henry Ewan Gelling esq of Castletown and it is provided in and by the written conditions of sale under which the scheduled property was sold at the said auction that the proportion of the said ground rent payable in respect of the lunatic's share of the Wellington Square there offered for sale should be for the said sale capitalised at twenty years purchase and a sum equal thereto left in the hands of the purchaser thereof to meet the same

And whereas by an order made at a sitting of the Chancery Court aforesaid holden at Douglas on the fourth day of June one thousand nine hundred and two, the said sale of the scheduled property at the price aforesaid was approved by the Court and the said committee authorised to carry the same into effect and the court was also further pleased to sanction the purchaser purchasing the scheduled property from the vendor for one hundred and twenty nine pounds six shillings as aforesaid

And whereas by indenture bearing date the seventeenth day of August one thousand nine hundred and two, the committee of the said lunatic sold and conveyed the scheduled property to the vendor and the purchaser has called upon the vendor to carry out the said agreement for the sale thereof

Now therefore this indenture witnesseth that the vendor for and in consideration of the said sum of one hundred and twenty nine pounds six shillings whereof the sum of five pounds is left in the hands of the purchaser as representing the value capitalised at twenty years purchase of the proportion of the said annual irredemable ground rent or rent charge of one pound chargeable upon the Wellington Square property herein before referred to, and the balance or sum of one hundred and twenty four pounds six shillings is now paid by the purchaser to the vendor (the receipt whereof the vendor Joseph Sharp and wife acknowledges) 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 appertenances 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 or performable in respect of the same. And the same is conveyed subject thereto and subject as respects the Wellington Square to the said annual irredeemable ground rent or rent charge of one pound payable to the said Henry Ewan Gelling or to such proportion thereof as is payable in respect of the share of the Wellington Square property hereby conveyed, and the purchaser hereby covenants with the vendor to pay the said ground rent and observe all covenants and agreements affecting the lands sold and at all times herein after to indemnify and save harmless the vendor therefrom or from any liability or responsible in respect thereof

And it is hereby declared that this deed is granted by the vendor and accepted by the purchaser upon the express condition that the vendor does not guarantee the title to the scheduled property and that under no circumstances shall the vender be rendered liable for any defect therein

In witness whereof the vendor and his wife .... have thereunto subscribed their names the day and year first before written

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 and 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

S Sharp, .. Sharp

Signed and delivered by the vendor in presence of Sarah Sharp, Reginald Farrant

Signed and delivered by the said Mary Ann Cowley by Reginald Farrant

Mary Ann Cowley

[REF: Sept 1902 #7 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 acquired the property of Mary Ann's disabled brother which had been sold by order of the Courts, John suffered an injury in 1876 in Manchester and received a weekly pension of 6/- from the Manchester Joiner's Benefit Club. In 1881, in the census, he was living with his parents and listed as a joiner (formerly). The word "imbicile" is added
  5. Mary Ann had earlier applied to the Courts to undertake the sale, justified on the basis that it was costing her more than she could afford to feed and clother her brother. She repurchased all of the property the following day
  6. This contract makes clear that 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 1887 will.
  7. Mary Ann's purchases gave her complete control over the the Bigwell Street Property, and control over half of the Wellington Square property. Mary Ann later purchased her half sister's share of Wellington Square premises
  8. At the conclusion of the process, a Memorial confirming the Court's approval and the subsequent repurchasing was lodged
  9. Mary Ann then 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