PHILIP MYLREA 1888 Liverpool

In Her Majesty’s High Court of Justice of the Isle of Man

COMMON LAW DIVISION Testamentary jurisdiction

To His honour, Sir William Leece Drinkwater, Her Majesty’s First Deemster and a judge of the said Division 1888 206

The humble Petition of Alexander Wylie, Daniel Pellett (sic), and Alfred Mylrea. Executors of the last Will and Testament, and codicils, of Philip Mylrea

Sheweth That Philip Mylrea late of Waterloo in the County of Lancashire Gentleman departed this life on the Ninth day of May 1888, having first made and published his last Will and Testament in writing, bearing date the Twenty third day of February 1886 (sic) whereof he appointed William Potter and Alexander Wylie executors thereof and did on the Eighth day of November 1887 add a Codicil to the said Will, and William Potter one of the executors, having died the said Philip Mylrea did execute a second Codicil to said Will bearing date the Twenty seventh of September 1887 whereby he appointed Petitioner the said Daniel Pellatt, of Banbury in the County of Oxford to be an executor of the said Will and codicil in the place of the said William Pellatt (sic), and the said Philip Mylrea did on the Fifth day of March 1888 execute a third codicil whereby he appointed his son Alfred Mylrea to be a Trustee and executor, along with the said Alexander Wylie and Daniel Pellatt which said Will and Codicils were duly proved in the District Registry of Liverpool of Her Majesty’s High Court of Justice on the Second day of July 1888 and your Petitioners were sworn in executors thereunder, That the said Philip Mylrea was at the time of his death entitled to certain personal estate within this Isle and it is necessary that the said Will and Codicils be proved within the Isle That it is inconvenient for your Petitioners or any of them to come over to this Isle to be sworn in thereunder Wherefore your Petitioners humbly pray a hearing hereof and that your Honour may be pleased to appoint John Allen Mylrea of the Town of Douglas Advocate, nephew of the Testator or some other fit and proper person Administrator with the Will annexed of the personal Estate and Effects of the said Philip Mylrea within this Isle, with such and other relief as is meet and Petitioners will pray etc H.B.C. Callow For Petitioners Ordered that this petition do come on to be heard at a Court to be held at Douglas to be held on Monday the 8th Day of October 1888 at 11 o’clock in the forenoon. Whereof all proper parties and persons are to have due and lawful notice. Given at Douglas this 7th Day of October 1888 (signed) W.L.Drinkwater

I Philip Mylrea of Waterloo in the County of Lancaster Gentleman hereby revoke all Wills Codicils and Testamentary dispositions heretofore made by me and declare this to be my last Will and Testament. I devise and bequeath all my real leasehold and personal Estate (including real leasehold and personal estate over which I have or shall have a general power of appointment) unto William Potter of Oxton in the County of Chester Gentleman and Alexander Wylie of Cordale House Renton in the County of Dumbarton in Scotland their heirs executors administrators and assigns respectively upon trust that the said William Potter and Alexander Wylie or the survivor of them or the Executors or administrators respectively of such survivor their or his assigns shall in such manner as they or he shall think fit sell and convert into money such parts of the same premises as shall not consist of money and may bring in or rescind or vary any contract for sale and resell without being responsible for loss and may for the purposes aforesaid execute and do all such assurances and things as they or he shall think fit and I declare that the said William Potter and Alexander Wylie and the survivor of them and the heirs executors or administrators respectively of such survivor their or his assigns shall out of the moneys arising out from such sale and conversion as aforesaid and out of the ready money of which I shall be possessed at my death pay my funeral and Testamentary expenses and debts and the legacies (other than the specific legacies bequeathed by this my Will or by any Codicil hereto)shall invest the residue of the same moneys in the names or name or under the legal control of the Trustees or Trustee for the time being of this my Will in or upon the public stocks funds or Government Securities of Great Britain or upon freehold copyhold leasehold or chattel real securities in England or Wales or upon the Bonds of the Corporation of Liverpool or of the Mersey Docks and Harbour Bonds or in or upon the fully paid up stocks or shares of any Corporation Company or public body Municipal Commercial or otherwise in the United Kingdom actually paying a dividend but not in any Mining stock or shares and not in any stocks or shares which may not be fully paid up and may from time to time at their or his discretion vary or transpose such stocks funds or securities into and for others of any nature herein before authorized as investments and shall stand possessed of the same Trust moneys and the interest dividends and income thereof in trust for all my children or any my child who being sons or a son shall attain the age of twenty four years or being daughters or a daughter shall attain that age or marry under age and if more than one in Equal Shares but so nevertheless that the share of my son Walter Mylrea shall be half as large again as the share of each of my other children and shall during the life of such daughter and during the life of my said son Walter pay the interest dividends and income of her and his son’s share or of the stocks funds shares and securities in or upon or unto which the same may be invested or varied to her and him respectively as to any such daughter for her sole and separate use independently of her husband (if any) for the time being and of his debts control and engagements and such daughter and my son Walter shall not have power to dispose or deprive herself or himself of the benefit thereof by anticipation and the receipt of each such daughter and of my said son Walter shall alone be a sufficient discharge for the interest dividends and income of such her and his share respectively and from and after the death of such daughter and of my son Walter my said Trustees shall stand possessed of the share hereinbefore given to her and him respectively in the Trust moneys aforesaid and of the stocks funds shares and securities in or upon or into which the same may be invested or varied and the interests dividends and income thereof in trust for all or such one or more exclusively of the others or other of the issue of such daughter or of my said son Walter born or to be born during the life of such daughter or my son Walter or within twenty one years after his or her death respectively if more than one in such shares and with such future or executing or other Trusts for the benefit of the said issue or some or one of them with such provisions for their respective maintenance and Education or advancement at the discretion of the Trustees for the time being of this my Will or of any other persons or person and upon such conditions with such restrictions and in such manner as such daughter or my said son Walter shall by deed in writing sealed or delivered with or without power of revocation or new appointment or by Will or Codicil respectively appoint and in default of such appointment and so far as no such appointment shall extend in trust for all or any the children or child living at my death or born afterwards of such daughter or of my son Walter who being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry under that age with the consent of her or their guardians or guardian for the time being and if more than one in Equal Shares provided always that no child of such daughter or of my son Walter who or whose issue shall take away part of the same Trust premises under any appointment made by such daughter or by my said son in pursuance of the power in that belief hereinbefore contained shall in default of such opportunity to the contrary have or be entitled to any share of the unappointed part of same Trust premises without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly and I further declare that if there shall be no child living at my death or born afterwards of such my daughter or of my said son who being a son attains the age of twenty one years or being a daughter attains that age or marries under that age with such consent as aforesaid then after the death of such my daughter or of my said son Walter and such default or failure of her or his children respectively as aforesaid which shall have happen to said Trustees or Trustee for the time being shall stand possessed of the share as well original as accruing of such my daughter and of my said son Walter in the said Trust moneys aforesaid and of the stock funds shares and securities in or upon or into which the survivor? Share may be invested or varied and of the interest dividends and income thereof in trust for any other children or child who being sons or a son attain the age of twenty four years or being daughters or a daughter shall attain that age or marry under that age or if more than one in Equal Shares but so nevertheless that the share of my said son Walter Mylrea shall be half as large again as the share of any of my other children and I declare that the share or shares which shall accrue as last mentioned to each of my daughters and to my son Walter Mylrea shall be held and applied upon the Trust and with and subject to the powers, provisions, and agreements declared of and concerning her or his original share or as near thereto as circumstances will admit provided always and I hereby declare that in case any of my sons except my son Walter shall die in my lifetime leaving issue the share or interest as well original as accruing to which such son so dying would if living have been entitled shall be held in trust for such of the children of such son as being male shall attain the age of twenty one years or being female shall attain that age or marry and if more than one in equal shares and I declare that in case there shall be no such child of any son so dying as aforesaid who being male shall attain the age of twenty one years or being female shall attain that age or marry the share or interest as well original as accruing to which such son would if living leave become entitled to as aforesaid shall sink into and form part of my revisionary Estate and be held and applied accordingly provided always and I hereby declare that it shall be lawful for the said Trustees or Trustee for the time being at their or his discretion to raise any part or parts not exceeding in the whole one half of their expectant or presumptive share of any child under the trust hereinbefore declared and to apply the same for his or her advancement or benefit as the said Trustees or Trustee shall think fit and I declare that the said Trustees or Trustee shall apply the whole or such part as they or he shall think fit of the interest dividends and income of the share to which any Child shall for the time being be entitled in expectancy under the Trust hereinbefore declared for or towards his or her maintenance or education and may either themselves or himself so apply the same or may pay the same to the guardian or guardians of such child for the purposes aforesaid without seeing to the application thereof and shall during such suspense of absolute vesting as aforesaid accumulate the residue(if any)of the same interest dividends and income in the way of compound interest by investing the same and the resulting income thereof in or upon any such stocks funds shares or securities as are hereinbefore authorized as investments for the benefit of the person or persons who under the Trust herein contained shall become entitled to the principal fund from which the same respectively shall have proceeded and may resort to the accumulations of any preceding Year or Years and apply the same for or towards the maintenance or Education of the child for the time being presumptively entitled to the same in the manner as such accumulations might have been applied had they been interest dividends or income arising from the original trust fund in the year in which they shall be so applied provided always and I hereby declare that it shall be lawful for the said Trustees or Trustee to postpone the sale or conversion of my said real leasehold and personal estate during such time as they or he shall think fit but the rents profits and income arising therefrom shall be applied in the same manner as the interest dividends and income arising from the said Trust premises of which the trusts are hereinbefore declared. I declare that the receipt of the Trustees or Trustee for the time being of this my Will for the purchase moneys of any property hereby directed or authorized to be sold and for any other monies paid for any stocks funds shares or securities transferred to them or him by virtue of this my Will shall effectively discharge the purchaser or purchasers therefrom and from being bound to see to the application or being answerable for the loss or misappropriation thereof. I declare that upon every or any appointment of a new Trustee or new Trustees of this my Will the number of Trustees may be augmented or reduced but so nevertheless that the number of Trustees for the time being shall not exceed four or be less than two and in addition to the ordinary powers indemnity and rights reimbursed by law given to Trustees the Trustees for the time being of this my Will shall be at liberty to dispense wholly or partially with the investigation or production of the lesser’s title on lending money on leasehold securities or otherwise to lend on any security with less than a marketable title and shall not be answerable for any loss thereby occasioned. I devise all real estate vested in me upon any trust or by way of mortgage unto the said William Potter and Alexander Wylie their heirs and assigns upon the Trust and subject to the equities subsisting therein respectively. I appoint the said William Potter and Alexander Wylie executors of this my Will and guardians of my infant children during their respective minorities. In witness whereof I the said Philip Mylrea have to this my last Will and Testament contained on this and the three preceding sheets of paper set my hand this twenty third day of February one thousand Eight Hundred and Eighty Six.___________ P. Mylrea ____________ signed by the said Testator as and for his last Will and Testament in the presence of us present at the same time who at his request in his presence and in presence of each other have hereunto subscribed our names as witnesses _____________ Jas.B. Newton, solicitor, Liverpool _______________ Samuel Thomley, clerk to Messrs Jaces & Co, solicitors, Liverpool

This is a Codicile to the last will and testament of me Philip Mylrea of Waterloo in the County of Lancaster which Will bears date the twenty third day of February one thousand eight hundred and eighty six I give and bequeath to my daughters absolutely all the provisions wines and consumable stores which may be in or about my dwelling house at the time of my decease I give to the Trustees in my said Will named all my furniture plated and plated articles China glass linen pictures prints and books and all other household effects upon trust to permit and allow such of my daughters as shall be from time to time and at any time unmarried to have the use and enjoyment thereof for their lives or during such period as they or she shall remain unmarried and from and after the death of the survivor of my said daughters or the death or marriage of the last of the one who shall remain unmarried then I declare and direct that the same fall into and form part of my revisionary personal estate but I declare that notwithstanding the abovementioned trust my said Trustees shall not be in any manner bound or concerned to interfere with the custody of the said furniture and other articles or any of them or to see to the preservation or insurance thereof or in any manner to intermeddle in relation thereto or be responsible for the safe custody thereof and whereas in and by my said Will after declaring certain trusts in response to the share to which any daughter of mine and my son Walter therein named should be entitled under my will in favour of such daughter and son and their respective issue as in my said Will are fully set out I further declare that in default of any children of any such daughter or of my said son my said trustees should hold the share of any such daughter or of my said son in trust for my other children or child being sons or a son attain the age of twenty four years or being daughters or a daughter should attain that age or marry in Equal Shares now I hereby ratify and confirm such last mentioned I wish so far as it relates to the share of my said son Walter but so far as it relates to the share of any daughter of mine as well original as accruing I do hereby revoke the same and in place and then thereof I do hereby direct and declare that in the event of the nonmarriage of any daughter or failure of children as in my Will mentioned my said trustees shall hold the share of any such daughter from and after her decease or such failure of children whichever shall last happen upon trust for such person or persons and in such manner or form and subject to such directions and limitations as such daughter whether covey? or sole shall by her last Will and Testament and any Codicil thereto direct or appoint and in default of any such direction or appointment and so far as any such if incomplete shall extend then upon Trust for my other children or child who being sons or a son shall attain the age of twenty and four years or being daughters or a daughter shall attain the same age or marry under that age if more than one in Equal Shares and in all other respects I confirm my said Will in witness whereof I have hereunto set my hand this eighth day of November one thousand eight hundred and eighty six __________ P. Mylrea _________ signed by the said Testator as and for a Codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in presence of each other have hereunto subscribed our names as witnesses __________Jas. B. Newton sol, Liverpool ___________ Hadden Todd, clerk to Messrs Jaces & Co, Sols, Liverpool.

This is a second codicil to the last Will and Testament of me Philip Mylrea of Waterloo in the County of Lancaster Gentleman which Will bears date the twenty third day of February one thousand eight hundred and eighty six whereas in and by my said Will I have nominated and appointed William Potter and Alexander Wylie both therein described to be trustees and executors thereof, and whereas said William Potter has since died now I do hereby appoint in place of the said William Potter my son-in-law Daniel Pellatt of Banbury in the County of Oxford gentleman to be a trustee and executor of my Will jointly with the said Alexander Wylie and I direct and declare that my said Will and the first Codicil thereto which codicil bears date the eighth day of November one thousand eight hundred and eighty six shall be read and construed as though the name of the said Daniel Pellatt appeared throughout the same in place of that of the said William Potter and in all other respects I confirm my said Will and the said first Codicil thereto. In witness whereof I hereunto subscribed my name this twenty seventh day of September one thousand eight hundred and eighty seven _____________ P. Mylrea ______________ signed by the said Testator as and for a second Codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses ______________ Jas.B.Newton, Sol, Liverpool ____________ Roderick Williams, clerk to Jasco & Co, sols, Liverpool.

This is a third codicil to the last Will and Testament of me Philip Mylrea of Waterloo in the County of Lancaster Gentleman whereas in and by my said Will and a second Codicil thereto I have nominated and appointed Alexander Wylie and Daniel Pellatt to be Trustees and Executors thereof now I do hereby nominate and appoint my son Alfred Mylrea to be a Trustee and Executor with and in addition to the said Alexander Wylie and Daniel Pellatt to my said Will and the two Codicils thereto and I direct and declare that my said Will and Codicils shall be read and construed as though the name of the said Alfred Mylrea appears throughout the same as a Trustee and Executor thereof jointly with the said Alexander Wylie and Daniel Pellatt and in all other respects I confirm my Will and the first and second Codicils in witness whereof I have hereunder set my hand this fifth day of March One thousand eight hundred and eighty eight ___________ P. Mylrea ___________________ signed by the said Testator as and for a third Codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses ______________ Jas.B.Newton, Sol, Liverpool ____________ Mr. R. Bunbury _____________6 The Esplanade, Waterloo

NOTES

  1. Third son of Thomas Mylrea & Elizabeth als Cowin, baptised Lonan, 1809
  2. Became a very successful tailor and businessman in Liverpool
  3. Married Ann Moore Martin in 1852 in Liverpool; 11 children of whom 3 did not reach adulthood. Ann died 6 months after the birth of their youngest child
  4. Philip (8th March 1853-13th September 1856), John (1854 - 26th September 1868), Anne 1856, Alfred 1858, William 15th January 1859, Gertrude Louisa 1860, Amelia Moore 1861, Percy Moore 1863, Walter 1865, Mabel (1866 – 25th March 1867), May 1868
  5. Walter was left a disproportionate (and larger) share of his father's estate - perhaps he was disabled and institutionalized for he is not found in any further records

Associated Documents

Last updated: July 2014