PHILIP MOORE to CHANCERY COURT

Petition #101 - 1823 (German)

To the honourable Cornelius Smelt Lieutenant Governor and Excellency of this Isle etc etc

The humble petition of William Lewin of the town of Douglas

Showeth

That Philip Moore junior late of Peel esq, deceased, by Deed of Sale by him duly executed and bearing date to be 9th day of December in the year of our Lord one thousand, eight hundred and six years in consideration of the sum of one hundred and five pounds … David Kelly of the town of Douglas grant, bargain and sell unto the said Daniel Kelly all and singular a certain dwelling house and premises situate in the town of Douglas in the said Deed particularly described

That the said Philip Moore and William Moore Esq, deceased, brother of the said Philip Moore were jointly entitled to the said dwelling house and premises

That to indemnify and save harmless the said Daniel Kelly, his heirs and assigns in the premises the said Philip Moore, deceased, on the said 9th day of December 1806 pass his bond to the said Daniel Kelly for the sum of two hundred and five pounds, and for the better security of the said Daniel Kelly, his heirs and assigns the said Philip Moore did give, grant, transfer and assign in security unto the said Daniel Kelly the one half or moiety of a certain dwelling house and premises situate in Big Well Street in the town of Douglas in the said Deed particularly described, and the said bonds was conditioned that if the said Philip Moore should and would process and obtain for the said Daniel Kelly, his heirs and assigns a sufficient grant and conveyance of the said William Moore’s title in and to the said dwelling house and premises that then the said bond should be void, otherwise that the same should be and remain in full force and virtue

That the said Daniel Kelly sometime ago sold and conveyed all and singular the said house and premises to your petitioners

That the said Philip Moore never did procure a grant or conveyance of the said William Moore’s right in and to the said premises to the said Daniel Kelly or to your petitioners

That the said William Moore some time ago departed this life and was at the time of his death considerably indebted to diverse persons

That the said William Moore not being possessed of sufficient personal property for the discharge of his debts, a petition was some time ago presented to your honour by Philip Moore, esq, the administrator of the estate of the said William Moore, praying that the said William Moore's half or moiety of the said house and premises along with other property of which the said William Moore died possessed might be sold for the payment of his said debts and your honour was pleased by your decree made on the said petition to a ... so empowered the said Philip Moore to sell and dispose of the said half and moiety of the said house and premises for the purpose mentioned in the petition

that the said premises were some time ago by virtue of the said decree sold by public auction when your petitioner became the purchaser thereof at the price or sum of forty two pounds British

that the moiety of the house and premises given in security by the said Philip Moore to Daniel Kelly in and by the said bond of indemnity have lately been sold by public auction by virtue of a decree made by your honour on the petition of Lewis Geneste, executor of the said Philip Moore, deceased, and your petitioner humbly submits that he is entitled to receive from and out of the consideration money of the sale of the said premises the sum of forty two pounds British (together with such costs and expenses as have been incurred by your petitioner) in order to reimburse him in the sum paid by him for the moiety of the said premises as aforesaid

therefore your petitioner praise a hearing of this petition and that your honour may be pleased to order that the said Lewis Geneste do pay to your petitioner the said sum of forty two pounds British together with the costs and expenses by your petitioner incurred in the premises and the costs of this application and your petitioner will pray etc etc ordered that this petition do come on to be heard at a Chancery Court to be holden at Castle Rushen on Thursday the 7th of August whereof all parties to have due notice. Given at Castle Rushen the 28th July 1943. C. Smelt

At an adjourned Chancery Court holden at Castle Rushen the 8th August 1823

Upon hearing this petition at presence of parties or their advocates and upon consideration had thereof and of what was otherwise pleaded, offered, argued, admitted and alleged on behalf of the parties respectively, it is hearby ordered and decreed that the defendant Lewis Geneste in his capacity as executor of Philip Moore, deceased, in this petition named do forthwith pay unto or for the use of the petitioner the sum of forty two pounds British together with the costs and expenses incurred by the petitioner in the premises from and out of the proceeds of the sale of the dwelling house in this petition mentioned. C. Smelt

101/page 5

[Ref: Chancery Court Petitions 1823 #101]

NOTES

  1. Philip was the oldest son of Philp Moore & Jane Price Wilson born 1803
  2. His father died in 1815, when Philip jnr was about 12 years of age, and heir to a considerable fortune
  3. He married first Ann Farrant who died soon after, then Margaret Mylrea, oldest daughter of William Mylrea & Jane Plaice, in 1829
  4. When grandfather Sir George Moore died in 1789, he left his grandsons Philip (Philip's father) and William the Douglas properties that he(Sir George) had purchased from Charles Killey jnr in 1768 (see LV 1788)
  5. The only Conchan cottage in the name of Philip Moore was #79 at 2s 2½d rent

Associated Documents

From Summary of Wills, A Manx Notebook

1786-1 E d MOORE Catherine [callan][1st on film] indenture Pat Callan re dau Cath wife of George Moore (only part of very long case on this film) (Philip's great grandmother)

1808-2 E w MOORE Martha husb Philip Moore(Ballamoore) exor;ch Philip, Martha Redman,Wm; names John Kelly, Christian Kelly(Philip's grandmother)

1817-1 E MOORE Jane Price dated 12 feb 1817; widow Philip Moore (Peel),Douglas;ch Philip,Wm (1s ea - tho seems Wm had property in Peel from fa), Margt, Martha + Jane Pryce; appts Lewis Geneste jnr (merchant Douglas) exor; Petn by creditor Robt Fell (Douglas) that Lewis Geneste appt exor but had not taken on burden - court appts Robt Fell admr; inv - paid abt 20% in £; (Philip's mother)

1817-2 E MOORE William d 1816; petn states late captn in 13th regt native infantry East India Co Madras + admin granted in Madras to James Waddell who appts Robert George Stole atty; pledges James Moore (mercht Douglas) + J. J. Heywood (advocate) - (Philip's uncle?)

From A Manx Notebook CD German - Southside Sales 1798-1847

1839 Enrolled Deeds 1839 078 John Kelly to Robt Stewart sale [Peel]dated 24 Sep 1819; Recites that Philip Moore (late of Peel, decd) + wife Jane Price Moore borrowed £350 (Brit) from Esther Gawne (spinster, Rushen) [CTD Mic 1811 39] giving as security the stables, dwelling house etc in Peel by deed dated 11 Apr 1811, Moore also borrowed £87 from John Kelly (mariner, Peel) giving as security a house adj Peel Quay + backyard etc at the time in occupation of Robert Grant (innkeeper) by deed dated 8 Nov 1814; Moore d 1815 leaving premises to son Philip Moore (guardians Wm Geneste of Douglas + John Kelly of Castletown)

Last updated: Dec 2019