THOMAS MYLREA

Chancery Petition - 1812 (Maughold)

To His Grace Most Noble John, Duke, Governor in Chief, Captain, and Chacellor of this Island

The humble petition of Thomas Mylrea esquire

That your petitioner so long ago as the 31st of July 1806 obtaind an order of the Ecclesiastical Court against Henry Inch and Catherine Inch otherwise Radcliffe his wife which said Catherine was the widow and is the administrix of David Radcliffe some time ago deceased for the sum of one hundred and forty-seven pounds seventeen shillings and ten pence British with all fees being the amount of debt due to your petitioner by the estate of the said David Radcliffe as will be made to appear

That the said Catherine Inch in her capacity aforesaid returned an inventory of the personal estate of the said Daniel Radcliffe amounting only to the sum of twenty-four pounds fifteen shillings and three pence as by the said inventory may appear

That the said Henry Inch and Catherine Inch squandered or made away with the said sum of twenty-four pounds fifteen shillings and three pence and stood in contempt of the said order or judgement in favour of your petitioner and your petitioner has been put to an enormous expense in endeavouring to get payment of the amount thereof without having been able to procure one shilling from the said Henry Inch and Catherine Inch

That there was a list of outstanding debts due the said Daniel Radcliffe at the time of his death amounting to the sum of fifty-three pounds and one farthing british which in justice ought to have been paid in discharge of the said Daniel Radcliffe's just debts but they the said Henry Inch and Catherine Inch refuse to suffer any part thereof to go in payment or discharge of the said debts as may appear

That the said Henry Inch and Catherine Inch are entitled to a sum of nearly one hundred pounds a legacy left by John Garrett late of Ulverston as can be made to appear

That the said Daniel Radcliffe at the time of his death was well entitled to a house-stead and walls of a house partly build situate in the town of Ramsey which ground the said Daniel Radcliffe purchased from Captain John Christian and which your petitioner submits was and is liable to the payment of the just debts of the said Daniel Radcliffe as there was deficiecy of chattels as herein mentioned and your petitioner well hoped that the same would have been sold for that purpose accordingly but they the said Henry Inch and Catherine Inch for the sole purpose of defrauding your petitioner pretend that they have sold the same to Thomas Kneale of Jurby and that the said house is now the property of the said Thomas Kneale or otherwise Thomas Radcliffe as one of the guardians of the eldest son of the said Daniel Radcliffe is entitled to the same

That your petitioner is well advised and humbly submitsthat as the said house-stead was purchased by the said Daniel Radcliffe and partly built on by him that the same is liable to be sold for payment of his debts and that no pretended sale from the said Henry Inch and Catherine Inch nor any right derived to the said Thomas Radcliffe either under the said Henry Inch or Catherine Inch or in his capacity as guardian to the heir-at-law of the said Daniel Radcliffe ought not and cannot in justice bar your petitioner for proceeding against the same for recovery of his said demand nor prevent the said house from being sold for the payment of the debts of the said Daniel Radcliffe there being a deficiency of challels as aforesaid

Wherefore your petitioner prays

a hearing of this petition and that the said Henry Inch, Catherine Inch, Thomas Kneale and Thomas Radcliffe may show cause of any they can why the said house-stead with the walls built thereon may not be ordered to be sold for the payment of your petitioner's said demand against the said estate of the said Daniel Radcliffe and that the same may be ordered to be sold accordingly

And your petitioner shall pray etc etc

Thomas Gawne for the petitioner

Ordered that this petition do some on to be heard at a Court to be holden at Castle Rushen on Thursday the 2nd of July next whereof all proper parties and persons are to have due notice - Given this 27th June 1812. Atholl

Ordered that this petition do some on to be heard at a Court to be holden at Castle Rushen on Thursday the 6th of August next whereof all proper parties and persons are to have due notice - Given at Castle Rushen the 28 July 1812. C Smelt

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At a Chancery Court holden at Castle Rushen the 13 AUgust 1812

Upon hearing this petition in presence of parties and upon reading a Deed of Sale of a certain plot of parcel of ground therein mentioned granted by John Christian esq and CAtherine his wife to Henry Inch in his own right and to William Kneale and Thomas Radcliffe on behalf of Elizabeth and Ann Radcliffe infant children of Daniel Radcliffe deceased in the said petition named bearing date the 14th November 1804 and upon reading the former plead proceedings had in this matter as well in the Ecclesiastical Court as in the Temporal Court and upon consideration had thereof and of what was otherwise pleaded, ofered, argued and alleged it appears to this court that the said plot or parcel of ground was and is in equity liable to the payment of the petitioner's demaind against the estate of the said Daniel Radcliffe deceased and the several defendants having proposed in court surrender, give up and convey to the petitioner, his heirs and assigns the said plot or parcel of ground with the said buildgins and appertenances to the same belonging in full satisfaction of the petitioner's demand in the said petition mentioned which proposal the petitioner having agreed to accept - and the said proposal and agreemet appearing to this court to be reasonable and just it is therefore hearby ordered and decreed that the same be carried into execution accordingly and that all or whatever Deed or Deeds the said defendants shall duly make and execute for that purpose shall be binding an effectual upon and against the said premises in as full and ample a manner to all intents and purposes as if the said Elizabeth Radcliffe and Ann Radcliffe were of full age and in their own proper persons had mde and executed the same. C Smelt.

NOTES

  1. Deemster/Archdeacon/MHK/Attorney General line; Dollough estate
  2. Thomas Mylrea was the son of Rev William Mylrea & Ellinor Gell, and born in 1758 in Ballaugh
  3. He became an MHK, never married, and died at the age of 71 in Ramsey, leaving everything to his nephew Daniel who died soon thereafter
  4. His mother left him Belltown (Billtown) in her will
  5. His major claim to fame seemed to be as a brewer

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Last updated: Nov 2017