CHARLES KILLEY jnr from EWAN CALLISTER

Purchase - 1760 (Braddan)

Know all men by these presents that I Ewan Callister of Douglas, notary public, with the full and free consent and assent of Mary Callister my wife which is testified by her being a party to these presents for and in consideration of the sum of sixty-three pounds British to us in hand paid by Charles Killey of the said town, merchant

Have bargained, sold, alienated, demised, released, consigned, confirmed and passed over and by these presents do bargain, sell, alienate, demise, release, convey, confirm and absolutely and forever pass over to him the said Charles Killey all that part of our garden next adjoining to his the said Charles Killey's garden or rent formerly called Savage's Garden in the said town in manner following, that is to say by Charles Killey's own rent called Savages Garden on the south-west by his passage to said garden door on the south by the street on the south-east twenty-three feet along the same street north-eastwards towards the sea measured from said passage to a mark therein set by both parties as the limit and by a line on the north-east drawn from said mark through our said garden to the corner joining the said two gardens and John Kelly's garden as the same is now lined and marked out in as full and ample a manner as the same is now possessed and occupied by ourselves with all ways, waters, watercourses, easements, liberties, privileges, appertenances, advantages, profits and appendances to the hereby granted and sold premises belonging or in any wise appertaining, saving and reserving out of this bargain and sale, the stones, iron and timber, the loft, and roof of small house now standing on the premises and also reserving out of this bargain and sale to the noble Lord of this isle and his heirs and successors forever such yearly Lord's Rent as the Setting Quest of the parish of KK Conchan will proportion and settle theron

To have and to hold unto him the said Charles Killey, his heirs, executors, administrators and assigns forever and that free and clear, and freely exempted, exonerated, acquited, released and discharged of and from all former gifts, grants, mortgages, sales, incumbrances, and charges whatsoever of us the said Ewan Callister and Mary my wife and of every other person and persons whatsoever pretending any title to the hereby granted and sold premises

And that we the said Ewan Callister and Mary my wife will now and at all times hereafter forever warrent and defend the hereby granted and sold premises to the said Charles Killey, his heirs, executors, administrators and assigns against the claim of all manner of persons whatsoever and that we the said Ewan Callister and Mary my wife now have in ourselves full power, good right and lawful authority to make this bargain and sale in manner aforesaid and that we have not yet done nor will we at any time hereafter do, admit or in our name or names permit to be done any other act, matter or thing whereby to bar, injure, prejudice or hinder the said Charles Killey, his heirs, executors, administrators and assigns from standing rightfully and lawfully possessed and seized of the hereby granted and sold premises according to the true intent and meaning of these presents

For the true and faithful performance of all and singular the covenants, conditions and agreement in these presents mentioned, both parties bind themselves, their heirs, executors, administrators and assigns in the penalty and forfeiture of two hundred pounds sterling to be recovered from the party failing in the performance of this agreement by the party performing the same in such manner and by such ways and means as all fines and forfeitures are recovered within this isle

In witness whereof said parties have set their hands and seals this 28th day of October 1760. Ewan Callister, Mary Callister my mark X, Charles Killey

Signed, sealed and delivered in presence of James Oates, Edward Moore

14th May 1762 Mr Ewan Callister and Mary Callister his wife acknowledged the before going Deed of Sale to be their proper act and deed and also to be paid and satisfied the consideration money therein mentioned. Before me John Taubman

At a Sheading Court holden at Douglas May 14th 1762 The beforegoing Bill of Sale being acknowledged before the Deemster and now openly published in Court and no objection offered against the same it is therefore allowed of and confirmed according to law. John Wood, Dan Mylrea, John Quayle, John Quillin, Dan Lace, John Taubman, Ex per Dan Mylrea, Senaschal

[Ref:

NOTES

  1. Charles Killey jnr was the only surviving son of Charles Killey snr & Dorothy Gawn, and born in 1733
  2. When his father died in 1741, his land holdings were extensive, covering the quarterlands of Ballakermeen, Ballabroii and Ballawillingas well as several cottages/houses in Douglas [#14?, #104, #105, #107, #108, #109], having grown from the gift of a house on allotment #104/109 from his parents Jane and Richard Killey in 1723. Jane had received cottage allotment #104 (later recorded #109) in Douglas from her mother Kath Moore, which was described in Lib Assed as "three houses and two gardens 12d, another little house and a house and garden on the sand side 2d Total rent 14d". Next door neighbours were Phil Higgin and his wife Jane Mcylrea, and Robert Lewn, father of Margaret the wife of Thomas Mylrea. The allotments were on (now) Barrack St
  3. This current purchase might be for #14 cottage allotment in Douglas
  4. When his father died, Charles jnr with his half-sister Elizabeth were heirs to a significant fortune, Elizabeth's share somewhat smaller than Charles's since he had inherited his mother's half of the family fortune, and Elizabeth only a half of her father's. Robert Kennedy, Elizabeth's step-father, was her guardian and his name appears with Charles's in the land records for the jointly held properties
  5. Charles jnr like his father was a shopkeeper/merchant in Douglas, involved in the Manx import/export trade and on occasion, a partner in business with his father in law, Sir George Moore
  6. At the time of this purchase Charles jnr was 27 years of age
  7. He had married Barbara Moore, the daughter of Sir George Moore of Ballamoore, in April 1757 and they had five children: Catherine (1759), Charles (1760-1765?), George Moore (1761), Dorothy (1762) and John (1764). All but John must have died because when Charles jnr died, John was described as "his only child"
  8. Charles Killey jnr died in December 1768, at the age of 35. Curiously, even though his assets were extensive, he died intestate, unlike his father who had left a detailed will for the distribution of his lands. The Court observed that "none of the next of kin by the father's side came forward to administer the goods of the deceased" and awarded guardianship of the 5 year old boy to his grandfather, Sir George. Charles jnr had no next of kin on by the father's side
  9. Charles's widow, Barbara, married William Maxwell, a Scot, in 1779
  10. Sadly, a letter from his brother in law George Moore in 1783, writing to his father Sir George, tells of the death of Charles's remaining child: "I am very sorry to find the report of John Killey – Death is confirmed. Poor Bab will be in great affliction on this unfortunate event." and dated 18th March 1783 [MNHLA MS 2708c]
  11. In 1760, Charles Killey jnr bought back Elizabeth's share of the Killey lands from Robert Kennedy, Elizabeth's step-father. This move might have been economically disasterous for Charles
  12. Charles jnr sold his lands in Douglas to George Moore in 1767, the event recorded in LV. However, the sale documents do not seem to have survived
  13. This Charles Killey (jnr) should not be confused with the individual who married Ann Waterson and died in 1766, because that Charles Killey had married daughters when he died in 1766 (MANX NOTEBOOK SUMMMARY - court states thos kermod h/o margt, wm gelling h/o ann,edwd taggart h/o isobel). This Charles might have been part of the Malew Killey family

Associated Documents

From Summary of Wills, A Manx Notebook

1759-1 E d KILLEY Richard d 17 dec 1758; only dau Ellinor admx; pledges John Christian carpenter, Matth Christian butcher (both Douglas). Is this his uncle?

Last updated: May 2019