PHIL HIGGIN jnr from MARIOT SMITH

Gift - 1755 (Douglas)

Know all men by these presents that I Mariot Smith of the town of Douglas divers good causes and considerations hereunto moving but more especially out of the love and affection that I have unto my good friend Philip Higgin of the said town of Douglas and also for the yearly sum of three pounds currency of this Isle, paid yearly and every year unto me, besides keeping my houses in good repair and also providing me with meat, drink, washing and lodging during my natural life

Have therefore for the considerations above mentioned given, granted, bargained, estated, settled, and confirmed and do by these presents give, grant, bargain, estate, settle and confirm by way of Deed of Gift on him the said Philip Higgin, his heirs, executors, adminsitrators and assigns all the right, interest, title and property that I the said Mariot Smith now have, or at any time hereafter may or can have, in and unto a certain parcel of houses and garden in the said town the said houses and gardens and abounding with the rent of William Cannell on the north and to the rent of Philip Knaill on the west and to the rent of John Kissag on the south and to Capt Edward Fletcher on the east, the same being of the yearly Lord's rent of two pence or thereabouts, as also all the rest of my goods moveable and immoveable of what kind or nature soever

To have and to hold unto him the said Philip Higgin, his heirs, executors, administrators and assigns in the premises before mentioned, with all ways, waters, watercourses, easements, liberties, profits and advantages to the same belonging or in any wise appertaining, as also all the rest of my goods, he the said Philip Higgin, his heirs, executors, administrators and assigns yielding and paying yearly and every year the honourable Lord's Rent aforesaid with all other boons, suits and services annually incumbent and payable out of the premises, besides paying me the sum of three pounds and providing me with meat, drink, washing and lodging, and likewise having my houses in good repair as aforesaid, and I the said Mariot Smith do further bind and engage myself, my heirs, executors, administrators and assigns to awarrant, uphold and maintain the premises with all the rest of my effects aforesaid unto him the said Philip Higgin, his heirs, executors, administrators and assigns against the pretence, challenge and demand of any person claiming of, by or under me and also to do, perform and fulfil any further act or acts, thing or things, that in law will or may be found necessary for the ascertaining or suremaking hereof and in token whereof and for further security to him have delivered to him a piece of silver called an English shilling as livery and seizin of the premises

For the faithful performance of which and of all and singular the covenants herein contained I the said Mariot Smith do bind and oblige myself, my heirs, executors, administrators and assigns in the penalty and fortiture of one hundred pounds British to be paid and levied according to law

As witness my mark to my name 22nd May 1755. Mariot Smith my mark X

Witnesses James Corrin, Robert Caesar

29 July 1755 Mr James Corrin and Mr Robert Caesar subscribing witnesses made oath upon the Holy Evangelist that they were by and present when Mariot Smith did sign and duly execute the within and beforewritten Deed of Gift and Settlement as her proper act and deed. Before me John Taubman

At a Sheading Court holden at Douglas the 27th October 1755 The beforegoing Deed of Gift and Settlement being proved before the Deemster and now openly published in Court and no objection offered against it the same is therefore allowed of and confirmed according to law. Daniel Mylrea, John Quayle, John Taubman, Dan Mylrea

Examined John Quayle, Comptroller of Rolls

At a Consistory Court holden at Douglas June 8th 1757

The foregoing Deed of Gift having been confirmed by the Trmporal Court, the same is accepted as the last will and testament of Mariot Smith, and Philip Higgins is sworn for payment of debts according to law and hath given pledges namely Mr Lewin Geneste and Mr William Johnson. Robert Radcliffe, Matthias Curghey

Acceptum est solvit 12d

 

[Ref: N/SSS Oct 1755 #52]

NOTES

  1. This is the kind of Deed often prepared by parents for their children, presumably to ensure that the children take care of them in their old age in exchange for property of some kind
  2. The legacy was cottage allotment #128, the tenancy of which Margaret had inherited rom her father Gilbert Smith in about 1744, after the death of her brothers and various surrenders by her step-mother and sister
  3. Mariot Smith was no traceable relative of Phil Higgin and she referred to him as her friend
  4. Mariot was buried 10th July 1755, not long after she made this gift
  5. Phil Higgin jnr was the son of Philip Higgin snr and Jane Mc ylroy. He was born in 1711 in Douglas
  6. His father was a mariner and Philip jnr was a hairdresser and wig maker
  7. Two burials of a Philip Higgin are recorded in the Braddan parish register, 1741 & 1769, father and son
  8. Phil Higgin snr did not leave a will but the LV 1743 records the fact that he made a gift of two cottages in 1736 to his son, Phil jnr, the year after Jane died. Their rent was respectively 2s 7½d, and 20½d, for cottage allotments #48 & #52 ((TBF might be NSS May 1743 #43)
  9. As well as the gift from Mariot, Philip was also lucky enough to be also left cottage allotment #6 Margaret Kelly the previous year
  10. Robert Joyner, husband of Margaret Joyner als Mcylroy, was Philip's half-uncle
  11. Philip jnr married three times: Elizabeth Peel 1741 (d1750), Mary Hault 1751 (d1761) then widow Sarah Merydew als Scott 1761 (Edward Fletcher was witness to this third wedding)
  12. He had four children Mary 26th January 1742/3, Philip 4th March 1743/4, Jane 25th February 1746/7, of whom only Jane survived her father
  13. In less than a century, Jane Mcylroy's little family was ""daughtered-out"
  14. NOTE: Be aware that cottage allotment numbers changed over time as Douglas expanded. Rent and neighbours are key elements in confirming whether the tenants (e Phil Higgin) have changed properties or whether they have remained stable while the allotment number from one LA to the next has changed

Associated Documents

From Summary of Wills, A Manx Notebook

1700-2 E 466 w HUGGIN Thomas d 15 Jul 1700;Douglas; ch Philip (a toultan + garden called Chuves? toultan[tholtan] + garden at upper end of town), Wm (his dwelling house, outhouses + garden), Thomas (sworn exor as others in England); Witt Margrett Hutchin als Gharrett, Catherin Smith als Huggin - grandfather

1717-1 E d HIGGIN John d onboard hm shi the chester abt 1699; sibs Wm, Thomas (in Ireland) + philip - uncle?

1785 A 5 FLETCHER Edward dated 11 nov 1784; Ballafletcher; gtgdau Carolina Lee; names Capt John Lee,John EdwardLlee,Wm + Edwd Callister; sister Mary Callister; names Sarah Quirk als Callister,Wm+Robt Kelly,Edwrd Callister;dr Patk Scott claims; - brother-in-law

1785 A 6 ds FLETCHER Jane dated 14 mar 1785; widow capt Ed Fletcher; gtgch John Edward + Caroline Lane Lee; - sister

Last updated: June 2019