CHARLES McYLREA jnr to THOMAS BELL & JONY McYLREA als KINLEY

Sale - 1739 (Malew)

Whereas it appears by a Bill of Sale bearing date the 6th February 1722/3 that John McYlrea of Fildraw of KK Malew with the consent of his wife gave unto Thomas McYlrea and Ann his son and daughter that the said John McYlrea sold unto his said son and daughter a certain parcel of lands in the said parish being a part of the said Fildraw faii part of which is now in the hands the said Thomas McYlrea’s widow and now Charles McYlrea grandson of the said John pretending a right to the said lands and upon which has taken the law on the same and to prevent any law suits that shall or may arise between the said Charles McYlrea his heirs, executors, administrators and assigns with the said Thomas Bell and Thomas McYlrea’s widow their heirs, executors, administrators and assigns or any person else whatsoever

Know all men by these presents that I Charles McYlrea jnr of Fildraw aforesaid sundry causes and considerations me hereunto moving but more especially for the sum of three pounds five shillings the receipt whereof I do hereby acknowledge by and from the hands of Thomas Bell and Jony McYlrea have given, granted, alienated passed over and sold and by these presents do give, grant, alienate, passover and sell to them the said Thomas Bell and Jony McYlrea their heirs, executors, administrators and assigns the beforesaid parcel or part of Fildraw faii which was sold by my grandfather as aforesaid from me my heirs, executors, administrators and assigns with all the right I now have or heretofor had or or hereafter at any time may or might or could have forever with all ways, waters, watercourses, easements, liberties, properties and advantages to the premises in any wise belonging or appertaining they yielding and paying the annual rent with all dues, duties, and suits and services due and payable of the premises at the time and seasons accustomed and I the said Charles McYlrea do hereby bind and oblige myself, my heirs, executors, administrators and assigns to uphold, maintain, awarrant and defend the beforesaid parcel of lands unto them their heirs, executors, administrators and assigns against the pretended right of any person or persons claiming any right to any part parcel or member of the premises and to do and fulfil all other acts and things that in law or equity shall be requisite for the better strengthening hereof unto them their heirs, executors, administrators and assigns and I do further oblige myself to uphold and make good all the Bills of Sale which my grandfather and father gave to the beforesaid Thomas McYlrea and Ann and do hereby acquit and discharge myself, my heirs, executors, administrators and assigns of any part of the said sold lands and for performance hereof and everything herein contained I do hereby bind and oblige myself my heirs, executors, administrators and assigns in the penalty or forfeiture of sixty pounds to be paid in the nature of all fines according to law Witness my hand this 3 June 1739 Chas Mylrea

Witnesses present at the signing and delivery hereof Catt Crellin, William Stole

5th May 1744 Charles Mylrea acknowledged the within and above Bill of Sale to be his voluntary act and deed and also to be satisfied and paid the consideration money therein mentioned this before me John Taubman

At an Abbey Court holden at Ballasalley the 19th May 1744 The beforegoing Bill of Sale being acknowledged before the Deemster and now openly published in Court and no objection offered against it is therefore allowed of and confirmed according to law Dan McYlrea, John Taubman, Charles Stanley, John Quayle, William Christian

[Ref: SSM May 1744 #69]

NOTES

  1. Fildraw
  2. Charles jnr was the only surviving son born to Charles McYlrea snr & Margaret (als Kewley?)
  3. He married Mary Bell als Bridson c1736; five children Charles (1738-1741), John (1740), Robert (1742), William (1746), Thomas (1750)
  4. Mary died 1782; Charles jnr 1792
  5. This "sale" was executed on the same day that Charles jnr took a mortgage over three Fildraw fields in order to settle debts incurred by his father, Charles snr, in 1733
  6. What is most curious about this "sale" is that (a) Charles snr is still alive yet it was Charles jnr who took legal action against his aunt and another neightbour, and (b) Charles jnr claimed that the original sale of land was somehow unsatisfactory and that in order to avoid legal action, Thomas's widow and Thomas Bell, who presumably bought Ann's share of the 1722 purchase, should pay £3/5/-. The original purchase price was £11/-/- seventeen years previously! However, at the bottom of the Deed of Sale "8th October 1723 I do acknowledge to have received the remainder of the consideration money mentioned in this Bill of Sale in full of all demands concerning the same Witness my hand John McYlrea my mark X"
  7. Charles jnr, also took many mortgages and eventually sold off all of Fildraw until the estate was gone from the family
  8. There is much about the Malew Mylreas of the 1600s and early 1700s that does not hang together so extreme caution must be exercised
  9. For further insights into the Malew Mylreas, please refer to Mylreas in Ballaquaile and Fildraw

Associated Documents

Last updated: Sept 2013