WILLIAM MYLREA, JANE CORKILL & ISABELLA CALDER from THOMAS KINRADE

Court Order - 1904 (Lonan)

This Deed made this thirtieth day of September one thousand nine hundred and four between William Mylrea of Sunhill Cottage in the parish of Lonan, engineer, John Corkill of 194 Frizington Road, Frizington in the country of Cumberland and Jane Corkill (otherwise Mylrea) his wife, and Peter Calder of Walker Street, Dunedin, New Zealand, baker, and Isabella Calder (otherwise Mylrea) of the first part and Thomas Kinrade of Mullin-e-quinney in the parish of Santon, miller, administrator of the will annexed of the personal estate of John Kinrade deceased of the second part

Witnesseth whereas by a Deed of Declaration bearing date the twenty-third day of February one thousand, eight hundred and ninety-two John Kinrade of Glenfaba Road, Peel, mariner, declared that he would stand and be possessed of a certain sum of nine hundred pounds to be advance to John Cannell of Peel, blacksmith, on security of a Deed of Bond and Security from the said John Cannell and his wife to the said John Kinrade charging three certain houses situate in Ramsey lately the property of Thomas Cannell brother of the said John Cannell and further when so advanced he would stand and be possessed of such Deed of Bond and Security and of the money secured and the property therein and thereby given in security In Trust (inter alia) as to the sum of seven hundred pounds part of the said sum of nine hundred pounds for such person or persons in such manner and form and for such estates, shares and interests as Ann Kinrade wife of the said John Kinrade should either before or after the death of John Kinrade by any Deed or Will or other instruments in writing direct, limit, and appoint and in default of any such direction or appointment and so far as any such direction or appointment should not extend in trust for the persons who should be her next of kin at the date of her death provided always that no appointment by the said Ann Kinrade nor the trusts aforesaid for her next of kin should take effect during the life of John Kinrade and whereas the said Ann Kinrade departed this life many years ago without having exercised her power of direction or appointment of the said sum of seven hundred pounds as reserved in the said declaration of trust of the twenty-third day of February one thousand, eight hundred and ninety-two leaving her said husband John Kinrade her surviving but without issue and whereas the said John Kinrade departed this life on or about the twenty-ninth day of April one thousand, nine hundred and three and Letters of Administration with the will annexed of the personal estate and effects of the said John Kinrade were duly granted unto the said Thomas Kinrade the party hereto of the second part and whereas the parties hereto of the first part claimed to be the next of kin of the late Ann Kinrade and brought an action in the Chancery Division of his Majesty’s High Court of Justice of the Isle of Man against the said Thomas Kinrade as such administrator as aforesaid and others to have the trusts of the deed poll dated the twenty-third day of February one thousand, eight hundred and ninety-two carried into execution and for a declaration that the said William Mylrea, Jane Corkill and Isabella Calder, a brother and sisters of the said Ann Kinrade deceased her next of kin and as such entitled to the said sum of seven hundred pounds under the said declaration of trust and also for an order for the payment to the plaintiffs by the defendant Thomas Kinrade administrator aforesaid of such said sum of seven hundred pounds with interest thereon from the date of the death of John Kinrade

And whereas at a sitting of the said Division on the 12th day of July 1904 on a hearing of the said action his honour Stewart Stevenson Moore Esquire, Deemster, found that the said William Mylrea, Jane Corkill and Isabella Calder were the next of kin of the late Ann Kinrade at the time of her death and were entitled to the said sum of seven hundred pounds under the said declaration of trust and made an order that the said Thomas Kinrade as such administrator as aforesaid should pay over to the said parties hereto of the first part the said sum of seven hundred pounds less the costs incurred by him in the said action and less the costs not exceeding ten pounds to be paid to the other defendants as costs incurred by them in the said action and whereas the said Thomas Kinrade as administrator of the estate of the late John Kinrade has paid to the parties hereto of the first part the sum of six hundred and-five pounds and seven shillings being the balance of the said seven hundred pounds after the payment of the costs aforesaid and of this release and the commission to which the said Thomas Kinrade is entitled as administrator as aforesaid which sum the parties of the first part have accepted in full settlement and discharge of the amount due them as next of kin of the said late Ann Kinrade under the said declaration of trust

Know all men therefore by these presents that the said William Mylrea, John Corkill and Jane Corkill his wife and Peter Calder and Isabella Calder his wife do and each of them doth hereby own and acknowledge to have received from and to have been paid in full by the said Thomas Kinrade administrator as aforesaid the distributive share due to each of them respectively as next of kin of the said late Ann Kinrade in the said sum of seven hundred pounds declared to be held in trust by the said John Kinrade under the said deed poll of the twenty-third day of February one thousand, eight hundred and ninety-two and do and each of them doth hereby release, acquit and discharge the said Thomas Kinrade administrator of the estate of the late John Kinrade as aforesaid and his executors and administrators and the estate of the said late John Kinrade from all further claim, liability or demand in respect of the said seven hundred pounds held in trust as aforesaid. In witness whereof the several parties hereto have hereunto subscribed their names this day and year first before written.

[A detailed aaccount of the outgoings from the £700]

Signed and delivered by the said William Mylrea in presence of W. Lay, Douglas IOM, Advocate, C.G.Callin, Douglas IOM, Clerk. William Mylrea

Signed and delivered by the said John Corkill and Jane Corkill in presence of Mary Anne Haffie, Frizington, Joseph Tyson, 12 Church Street, Frizington. John Corkill, Jane Corkill

Signed and delivered by the said Peter Calder and Isabella Calder by William Lay their attorney in our presence Robert W. Cubbin, C.G.Callin. Peter Calder by William Lay his duly authorized attorney, Isabella Calder by William Lay his duly authorized attorney

Registry Office for Deeds 1st October 1904 I certify that the foregoing Deed was this day at the hour of twelve o’clock noon received by me at this Office for the purpose of being registered and recorded according to law and that the same not being duly captioned is deposited in this Office for safe custody in terms of the Registry for Deeds Act 186 and entered in the Requisition Book fifteen, page 271, No. 3511 Frank J. Johnson, D. Reg

Registry Office 1 October 1904 The Power of Attorney from Isabella Calder and Peter Calder to William Lay dated 13th August 1903 recorded this day and entered in October 1904 No 29. Frank J. Johnson, D. Reg

[Ref: Oct 1904 Lezayre # 30]

NOTES

  1. Ballakilley
  2. This family, William, Jane and Isabella, are the surviving children of Thomas Mylrea & Anne Killey
  3. Thomas & Ann married in 1833 in Lonan, and they had eight children on record
    • Anne (1833) married John Kinrade 1883 (perhaps a mariner)
    • Elizabeth (1835) married Thomas Kermode, miner, 1860
    • Isabella (1837) migrated to NZ in 1862 when she was 25 years of age, married Peter John Calder
    • Elleanor (1839) married James Lace, miner, 1862
    • Jane (1842) married John Corkill
    • Thomas (1843) married Ann Jane Cubbon, 1875
    • William (1845) married Emily Helena Corlett, 1873
    • Margaret (1849) married John Kermeen, miner, 1870
  4. Evidently Elizabeth and Margaret had died by this time, as well as Elleanor, and Thomas jnr

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Last updated: Jan 2017