ELENOR MYLREA to CHANCERY COURT

Petition #41 - 1828 (Ballaugh)

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

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

Sheweth

That your petitioner on the 6th December 1827 obtained your honour’s decree authorizing and empowering your petitioner along with John Cain and William Cain, guardians of William Mylrea heir-at-law of the said Nicholas Mylrea, to charge and encumber certain purchased lands and premises called Ballacorraige which the said Nicholas Mylrea died possessed of to the amount of fifty-eight pounds, five shillings and ten pence British to pay and discharge the debts of the said Nicholas Mylrea which his goods and effects were deficient to pay, together with the amount of the petitioner’s costs as by the said judgement or decree may more fully appear.

That your petitioner begs leave to state that notwithstanding every inquiry has been made and pains taken by your petitioner the … William Cain and John Cain and other agents by them employed to [endeavour?] to raise the said sum by way of mortgage or security on the said lands and premises they have been unable so to do or to find any person who would lend the same on such security, the lands being subject to a mortgage to Thomas Kelly for the sum of two hundred and eighty-four pounds British in whose possession the said lands and premises now are to pay and discharge the interest and are so deteriorated and reduced in value that the rent is scarcely more than sufficient to pay the annual interest.

That your petitioner humbly submits to your honour that the said lands and premises were purchased and acquired by the said Nicholas Mylrea and being of the description of lands containing both Quarterland and Intack that they are by the law and usage of this Island subject and liable to the payment of his the said Nicholas Mylrea’s just debts and your petitioner hopes and has good reason to believe that notwithstanding money cannot be obtained or raised by way of further mortgage on the said lands and premises that the said sum of fifty-eight pounds, five shillings and ten pence together with your petitioner’s costs may from local circumstances and situation of the said lands and premises be easily raised and obtained by a sale thereof by public auction but she is advised that neither she your petitioner nor the said William Cain and John Cain in their capacity of guardians as aforesaid are authorized to grant such a sale without the sanction and authority of your honour.

Wherefore she humbly prays a hearing of this petition and that your honour may be pleased to authorize and empower your petitioner and the said William Cain and John Cain to sell and convey the equity of redemption as well of your petitioner as of the said minor William Mylrea in and to the said lands as well Quarterland as Intack to pay and discharge the said deficiency of fifty-eight pounds, five shillings and ten pence with your petitioner’s costs attending the said administration and such further costs as she may be obliged to incur or such part or parcel thereof as may be adequate or necessary for that purpose with such other and further relief to your petitioner as the nature of her case may seem to require and to your honour may seem meet and your petitioner will pray etc etc etc.

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 the 7th instant whereof all parties to have notice. Given at Castle Rushen this 4th February 1828. C Smelt

At a Chancery Court holden at Castle Rushen the 7 February 1828

Upon hearing this petition and upon reference to a former order of this Court bearing date the 6 December 1827 and upon examination upon oath of John Cain touching the value of the property in this petition mentioned and the viability of the guardians of the minor to comply with the order of this Court dated 6 December 1827 and upon consideration had thereof and what was pleaded, offered, agreed and alleged it appears to this Court that without a sale of the lands and premises in this petition mentioned the petitioner hath not assets sufficient to pay off and discharge the debts of the intestate Nicholas Mylrea. It is therefore ordered and decreed that the petitioner along with the guardians of the minor in this petition named be and they are hereby authorized and empowered and directed to sell and dispose of the said premises in this petition mentioned or any part thereof so that they may be enabled to discharge the said debts and it is hereby further ordered that the said sale shall be made by public auction to the highest bidder and that any Deed or Deeds that the said petitioner and the said guardians shall make and execute by virtue hereof shall be good, binding and effectual against the heirs and all persons claiming or to claim by, from or under the said intestate Nicholas Mylrea and it is hereby further ordered that the said petitioner and the said guardians shall be answerable and accountable to this Court for all their acts, receipts and transactions in the premises where thereunto required.

C. Smelt

[Ref: Chancery Court Petitions 1828 #41]

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 was about 12 years of age
  3. This petition comes three months after the original application from Eleanor to mortgage Ballacorraige lands in order to pay Nicholas's debts. Clearly, the property was already so heavily encumbered and apparently deteriorated that no one was willing to advance further funds to her so she was applying for the Court's permission to sell sufficient land to settle the debt
  4. Nicolas jnr, her father-in-law, who single-handedly created an already crippling debt burden for his family had died intestate and it fell to Eleanor to settle his affairs, unfortunately owing more than he possessed which seems to be the story of his life (and his death)
  5. After one more sighting of this family, in a Chancery Court in 1832, this family disappeared although eldest daughter Ann MIGHT have married James Corlett in Lezayre in 1836

Associated Documents

Last updated: Jan 2016