DANIEL MYLROIE & JANE LOWRY

MARRIAGE CONTRACT - 1874 (Lonan)

Whereas a marriage is about to be had and solemnised between Daniel Mylroie of Laxey in the parish of Lonan, shoemaker, and Jane Lowry of Castletown, widow

And whereas the said Daniel Mylroie in contemplation of such marriage is desirous and has agreed to make a certain provision for his intended wife in the event of her surviving him after the said intended marriage shall have been had and be solemnised and which the said Jane Lowry has agreed to accept

And whereas for the purpose of making such provision the said Daniel Mylroie has proposed and offered to sell to James Kewley of Castletown in trust for the said Jane Lowry his said intended wife a dwelling house, garden and premises at present in his own holding and in the occupation of Joseph Cannell and wife, daughter of the said Daniel Mylroie situate in Laxey in the parish of Lonan aforesaid and also a certain plot or parcel of lands with dwelling house and out offices thereon situate in the parish of Patrick and German and hereinafter more particularly described and the said James Kewley for the mutual benefit of both parties has consented to accept such sale upon being paid all costs, charges and expenses of the trust and ………………. For his trouble and upon being indemnified, exonerated, freed and discharged any loss, injury, charge, demand or damage of any kind whatsoever in and about said trust in anywise.

Know all men therefore by these presents that I the said Daniel Mylroie for and in consideration of the premises and trusts of this Deed and of the sum of five shillings to me paid by the said James Kewley at the signing and delivery of these presents the receipt whereof I do humbly acknowledge have given, granted, bargained, assigned, sold, conveyed and made over and by these presents to give, grant, bargain, assign, sell, convey and make over unto the said James Kewley, his heirs and assigns all and singular the whole of that dwelling house with the yard, garden and premises thereto belonging situate in Laxey in Lonan aforesaid in my own holding and occupation and I the occupation of Joseph Cannell and Cath his wife who is my daughter also all and singular that plot or parcel of land to me belonging part of Ardehollaghyn with the dwelling house and outbuildings thereon situate in the parish of Patrick and German and which I purchased from Hugh Clucas, Coronor of Glenfaba Sheading by Deed of Sale ……… and bearing date the 16th day of October 1873 being part of the property of Ardehollaghyn which formerly belonged to John Mylchreest of the [kuroo furroo?] to have and to hold unto the said James Kewley, his heirs and assigns with the heriditements and appurtenances to the said dwelling house and premises and the said lands, houses and premises of Ardehollaghyn belonging or appertaining In trust for the purposes expressed and hereafter mentioned, that is to say in trust to suffer me and my said intended wife upon the said marriage being had to hold, possess and enjoy the said premises and the rents, issues and profits thereof without impediment of waste for and during the term of my natural life and upon my decease if I shall die before my said wife then in trust that the said James Kewley, his heirs and assigns shall stand seized and possessed of the said dwelling house and premises and the said lands, houses and premises of Ardehollaghyn with their and each of their hereditiments and appertenences and the rents, issues and profits thereof as and from the day of my decease in trust that he and they shall and will after deducting all public burdens, rates, dues and taxes, the legal costs, charges and expenses of this trust and compensation as aforesaid pay and apply the rents, issues and profits thereof to and for the use of my said widow Jane Mylroie otherwise Lowry yearly and every year as long so she shall continue a widow in my name and in further trust that in the event of my said intended wife Jane Lowry dying before me that then and in that case the said James Kewley, his heirs and assigns upon being paid all legal costs, charges and expenses in this trust and compensation for his trouble as aforesaid shall and will sell and convey to me or to such person or persons and in such way or manner as I may be writing under my hand ………. the said house and premises and the said lands and premises in Laxey and the said lands in Ardehollaghyn absolutely and in further trust that in the event of my said intended wife surviving me and continuing a widow in my name as aforesaid that the said James Kewley, his heirs and assigns shall at her decease or intermarriage upon the whole of the rents, issues and profits of the said premises for the year in which she may so get married or die of the said sold premises and the costs, charges and expenses of the trust and compensation as aforesaid being by and paid to him sell and convey absolutely to such person or persons and in such way and manner as I shall by Deed or Will direct and appoint and I do hereby exonerate, discharge, indemnify and save harmless the said James Kewley, his heirs and assigns from any loss, charge, ....., damage, injury or demand of any kind whatsoever for, in or about the trusts of this Deed in anywise whatsoever. And I the said Jane Lowry in consideration of the said intended marriage and of the trusts of this Deed being carried into effect do hereby quit claim, and give up to the said Daniel Mylroie, his heirs, executors and administrators all claim that I could have in right of such marriage with him in the event of my being left his widow to all and every his estates, real and personal in anywise whatsoever

And I the said Daniel Mylroie do for myself, my heirs, executors and administrators covenant to and with the said James Kewley and Jane Lowry and their respective heirs, executors and administrators and assigns that I have good right, power and lawful authority to sell and convey the premises aforesaid to the said James Kewley, his heirs and assigns upon the trusts aforesaid and that I will warranty and defend the same to him, his heirs and assigns for the purposes and trusts herein before made and declared from and against the claim or demand of all persons whatsoever and for the true and faithful performance hereof I bind and oblige myself, my heirs, executors and administrators firmly by these presents. In witness whereof the said Daniel Mylroie and Jane Lowry have hereunto subscribed their names this twenty-fifth day of February one thousand, eight hundred and seventy-four. Daniel Mylroie my mark X, Jane Lowry my mark X

Signed and delivered in presence of (all interlineations and erasures opposite to which the initial letters of the witnesses hereto are in the margin having been first made). Albert J. Corlett, G.E.Kewley

At Castletown 12th June 1880 George Edward Kewley one of the witnesses to the execution of the foregoing Deed who is known to me made oath on the Holy Evangelist that Daniel Mylroie and Jane Lowry the executing parties thereto duly executed the same in his presence and in presence of Albert James Corlett, the other subscribing witness. Before me ……….., High Bailiff

Registry Office for Deeds 15 June 1880 I certify that the foregoing Deed was this day at the hour of ten o’clock forenoon received by me at this Office for the purpose of being registered and recorded according to law and that the same is duly registered, recorded and entered in the Requisition Book nine, page 136, No. 1760. Samuel J. Harris, D.Reg.

Registry of Deeds 11th July 1935 See appointment of William Evan Morrison as new trustee by order of Chancery of High Court dated 27th February 1935 recorded this day and entered in July 1935 No 46. …………… Christian, Registrar

[Ref: June 1880 #4 Patrick, German, Lonan]

NOTES

  1. Laxey Glen - Glen Road
  2. Daniel Mylroie was the son of David Mylroie jnr & Catherine Quayle, and baptised in 1805
  3. He married Mary Ann Teare in Patrick in 1829, and they had 8 children although only 3 daughters and 1 son were mentioned in Mary Ann's 1871 will
    • John 1830 a builder married Sarah Ball. He died a few days after his father
    • Mary Ann 1833, had a child out of wedlock, married James Lawson, a miner
    • Ann, no baptismal record, 1836ish married Robert Corlett, a miner
    • Thomas 1840-1855
    • Margaret 1841
    • Catherine 1842, married Joseph Cannell, a miner
    • Lenora 1844
    • Isabella 1845-1849
  4. Daniel was a shoemaker by trade but did very well in his business life. He had properties and was a money lender
  5. After Mary Ann died in 1871, Daniel remarried, to Jane Lowry March 10 1874 in Castletown
  6. This document is their Marriage Contract and it is clear that Daniel is protecting his assets by making a Settlement upon Jane Lowry. The extent of his assets become clear in his 1899 will
  7. Jane Lowry was probably the woman living in Castletown, born in Rushen, who was a widow in the 1871 Census. In the 1863 Thwaite's Castletown Directory, she was a draper. Interestingly she was still living in Castletown in 1881 after her marriage to Daniel (he was listed as a farmer in Lonan). She died in 1884 agd 75
  8. The trustee in this arrangement was James Kewley, most likely a man of the cloth who was born in Castletown and a curate there in 1871. He moved to England where he was a rector, dying in 1935
  9. This marriage did not end happily, with Jane divorcing Daniel in 1877. No mention of this Marriage Contract was made during the legal procedings
  10. When Daniel died in 1899, he left (inter alia) the Ardehollaghyn lands and premises to his grand son Frederick Cannell, and the house he occupied with his daughter Catherine Cannell to Catherine

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