WILLIAM CAINE to CHANCERY COURT

Petition #22 - 1824 (Ballaugh)

To his Excellency the most noble, John, Duke of Atholl, Governor-in-Chief and Captain General etc etc

The humble petition of John Caine of KK Michael, one of the guardians of William Mylrea (a minor) of the parish of Ballaugh

Sheweth

That several years ago William Mylrea departed this life and John Caine of KK Michael and William Keneen of Ballaugh were sworn guardians of the children of the said William Mylrea in the Spiritual Court

Your petitioner would beg leave to state the lands, the property of the said minor, is greatly left in debt and part thereof near a relapse in the hands of a mortgagee

Your petitioner prays that your Excellency may be pleased to appoint William Caine of the parish of KK Michael (farmer) to act as guardian along with your petitioner so that we may be enabled to transact in the said minor’s estate and property or such other and further relief in the premises as to your Excellency may seem meet and your petitioner will pray etc etc

Ballaugh

January 29th 1824

Ordered that this petition do come on to be heard at a Chancery Court to be holden at Douglas on Thursday next whereof all proper parties to have notice. Given this 3rd February 1824.

Atholl

At a Chancery Court holden at Douglas the 5th February 1824

Upon hearing this petition and consideration had thereof and of what was otherwise offered, it appears to this Court to be necessary that some proper person should be appointed guardian over the minor in this petition named and William Cain and John Cain of KK Michael having been proposed to this Court as fit and proper persons for that purpose, they the said William Cain and John Cain were accordingly sworn in Court well and truly to administer the estate real and personal of the said minor to his greatest benefit and advantage and the said William Cain and John Cain are hereby appointed guardians over the said minor, to act and transact all matters and things in their capacity of guardians for and in the name of of their said ward and it is hereby ordered and decreed that whatever the said guardians shall lawfully do or cause to be done in the premises shall be as good, binding and effectual upon and against their said ward and all persons claiming or to claim by, from or under him as if he was of full age and in his own proper person had done and executed the same and it is hereby further ordered that the said guardians do return to this Court a full, true and particular account of all their acts, receipts, transactions and proceedings in the premises when thereunto lawfully required.

Atholl

[Ref: Chancery Court Petitions 1824 #22]

NOTES

  1. Ballacorraige
  2. The minor, William Mylrea, was the older son and heir-at-law of William Mylrea of Ballacorraige who drowned in 1816, leaving the family in a parlous state financially. At the time of this petition, the boy would have been about 9 years old
  3. Presumably the William Keneen appointed in 1816 as one of the guardians to the children had died and thus it was necessary for this petition to come forward to appoint a replacement guardian, who was William Caine
  4. William & John might have been brothers, and uncles of William Mylrea jnr. Teir location in Michael could suggest that that might be the birthplace of William's mother, Elinor
  5. This petition preceeds a second one eight months later seeking permission for these two guardians to incumber the estate, to avoid its being repossessed by the mortgagee, namely Thomas Kelly
  6. The estate was finally sold at auction in 1832, sixteen years after struggling to keep Ballacorraige for William. It was probably to settle the outstanding debts
  7. There is no evidence of what might have happened to this Mylrea family - none of them was positively sighted again - perhaps they migrated to the US

Associated Documents

Last updated: Dec 2017