ELENOR MYLREA to CHANCERY COURT

Petition #18 - 1827 (Ballaugh)

To the honourable C. Smelt Lieutenant Governor and Chancellor of this Isle of Man

The humble petition of Elenor Mylrea, widow, and administrix of Nicholas Mylrea some time ago deceased

Sheweth

That your petitioner has duly inventoried and appraised the personal estate which was of the said Nicholas Mylrea amounting to the sum of fifty-five pounds, thirteen shillings and four pence British and the claims proved against the said estate amounted to the sum of one hundred and thirteen pounds, nineteen shillings and two pence leaving a deficiency of the said personal estate to pay debts of the sum of fifty-seven pounds, five shillings and ten pence as by the order of distribution of the Ecclesiastical Court may more fully appear.

That the said Nicholas Mylrea was at the time of his death well entitled to a parcel of land situate in the parish of Ballaugh part of the Quarterland of Ballacorraige which were and are subject to the payment of his debts and your petitioner submits are subject to be sold to pay and discharge the said deficiency.

That the said lands are subject to a mortgage granted by John Cain and William Cain as guardians of William Mylrea, eldest son and heir-at-law of the said Nicholas Mylrea, duly appointed and sworn by your honour unto Thomas Kelly for the sum of two hundred and eighty four pounds to pay of previous mortgages on the said premises which mortgage was granted in pursuance of a decree of your honour dated the 3rd December 1824.

That your petitioner has applied to the said John Cain and William Cain to join her in a sale or further mortgage of the said premises she your petitioner being entitled to one moiety of the same in her own right to raise a sum of money to pay and discharge the said deficiency but they are advised that they have no authority to join in such sale or mortgage without the approbation and sanction of your honour.

Wherefore she humbly prays a hearing of this petition and that your petitioner may be authorised to raise a sum of money by a sale or mortgage of the said premises or a sufficient part thereof as will be sufficient to pay and discharge the said deficiency of fifty-seven pounds, five and ten pence British together with your petitioner’s costs attending the said administration or that the said John Cain and William Cain may be ordered to join your petitioner in such sale or mortgage and your petitioner will pray etc etc etc

... December 1827 Thomas Gawne for the petitioner

Ordered that this petition do come on to be heard at a Chancery Court to be holden at Castle Rushen on Thursday next whereof all proper parties are to have due notice. Given at Castle Rushen this 3rd December 1827. C.Smelt

At a Chancery Court holden at Castle Rushen 6th December 1827

Upon hearing this petition and upon reference to the report of the Episcopal Registrar therein mentioned bearing date the 29 November 1827 and upon consideration had thereof. It is hereby ordered and decreed that the petitioner along with John Cain and William Cain guardians of William Mylrea in this petition named be and they are hereby authorized and empowered to charge and encumber the lands and premises in this petition mentioned part of the Quarterland of Ballacorraige to the amount of fifty-eight pounds, five shillings and ten pence British together with the amount of the petitioner’s costs for the purpose in this petition mentioned. C.Smelt

[Ref: Chancery Court Petitions 1827 #18 (recorded in the 1828 petitions)]

NOTES

  1. Ballacorraige
  2. Eleanor, the petitioner, was the widow of William who died in 1816 and the mother of inter alia the family's heir-at-law, William jnr, who at the time of this petition would have been about 12 years of age
  3. With the death of Nicolas jnr, her father-in-law, who seems to have single-handedly created an already crippling debt burden for his family, came a new debt by way of a deficiency in what he left behind and what he actually owed. This petition seeks permission to further encumber the family lands to pay off these obligations
  4. Six months later, Eleanor was again in the Chancery Court, this time asking permission to sell land in order to discharge Nicholas's debts because they could not find anyone willing to take a mortgage over the already heavily encumbered estate of Ballacorraige

Associated Documents

Last updated: Oct 2015