CHARLES KILLEY snr

Will - 1740/1 (Douglas)

Douglas January 28th 1741

In the name of God amen, I Charles Killey of Douglas being in good health of body and of sound and perfect mind and memory, praise be therefore given to almighty God do therefore make and ordain my last will and testament in manner following:

First I commend my soul to God and my body to the earth to be decently buried

Item I give and leave unto my father Richard Killey a cow's grazing in Ballabroii together with a daymoth of hay in the said tenement yearly during his natural life

Item I leave to the poor of the town of Douglas and the parish of KK Braddan the sum of ten pounds to be paid immediately after the probate of this will and the same to be put out to interest; and the yearly interest thereout arising to be disposed of equally betwixt the poor of the said town and parish in such manner as the parish minister, chaplain and wardens for the time being shall think proper

Item I leave to my son Richard Killey the houses wherein I now dwell of fourpence halfpenny rent as also the house and garden bought from Charles Cowle of one penny cottage rent and a half penny quarterland rent, the brewhouse, backside and garden of three half pence rent, the tobacco house of one halfpenny rent, a parcel of sandy ground bought from Philip Higgins of one half penny quarterland rent, together with half a pew or seat in Douglas chapel whereof Mr Philip Moore hath the other half

I futher give and bequeath to my said son the sum of forty pounds besides the best horse I shall die possessed of

Item I give and settle upon my said son Richard Killey and his heirs that part of the tenement of Ballabroii now in my possession of seven shillings and eight pence rent and that part of Ballakermeen quarterland of six shillings and three pence rent together with an intack of three pence rent all which are to run as inheritence after the decease of my said son

I give and leave unto my son Charles Killey the houses on the shore of five pence rent and the houses and garden called Savage's houses of six pence halfpenny rent with all their several appertenances; I likewise leave and give unto my said son Charles a parcel of quarterland in Ballawilling KK Braddan of three shillings rent

And I do further constitute and appoint my said son Charles full and sole executor of all the rest of my goods and chattels of whatever kind or nature soever and do hereby nominate my loving brothers Peter Moore of Douglas and Thomas Gawne of KK Christ Rushen to be guardians and executors in trust to see my said children kept in school and decently maintained and this will complied with

It is my will that when my said children shall arrive to age to receive their goods, that then each of them shall give a full acquittance to the other persuant to the intent and meaning of this will but if either of my said sons shall wilfully neglect or refuse to sign and perfect such acquittance as shall be reasonably required that then such of my said children is hereby cut of having any further right to my part of goods and chattels only twenty pounds legacy and the other child standing to this will to have all the rest of my effects of what kind soever

And this is done to prevent lawsuits being Dorothy Killey my wife died intestate and her part of goods and effects fell betwixt the children equally

In witness whereof I have hereunto put this hand this second day of February 1738/9

Charles Killey

Witnesses present Thomas Mylrea, Thomas Corlett, John Joyner

Exam per Ed Moore Ep Reg

At a Consistory Court held at Balnahown near St John's chapel in KK German before the Rev John Cosnahan and Edward Moore, Vicars General upon Thursday 26th February 1740

Thomas Mylrea & Thomas Corlet two of the subscribing witnesses to the last will of Mr Charles Killey have now made oath that the testator, being of sound mind and memory, signed the same in their presence and declared it to be his last will and that it was then subscribed by them as witnesses:

And for as much as some considerable alterations have happened in the life and circumstances of the deceased since the making of the said will viz that his oldest son Richard by Dorothy Killey als Gawn his first wife has departed this life in his minority before his father - and that since that time there is a young child called Elizabeth born to the said deceased by Margaret Killey als Madderell a second wife

The Court upon intelligence thereof decrees child Charles Killey the only surviving child of the deceased by Dorothy Killey als Gawne sole administrator of the goods and chattels which fell to the said Richard by his mother aforesaid as the same are secured in the Episcopal Registry

And whereas there is no provision made in this will for Elizabeth the youngest child according to law, we decree her co-administrator with her brother Charles of all the goods and effects of the deceased and whereas he the said deceased nominated Mr Peter Moore and Mr Thomas Gawn guardians and executors in trust of his children and that the said Peter Moore is dead, Mr Gawn aforesaid is thereupon sworn guardian and executor in trust in form of law viz for Charles Killey the orphan to which end he has given pledges Mr Thomas Radcliff, Knockaloe, and Mr William Qualtrough of Kiontraagh

And the tuition of Elizabeth the young child is together with her goods committed to her mother Margaret Killey als Madderell who has given pledges, Mr John Quayle Comptroller, and Mr William Curghey of Castletown in form of law

Mr Thomas Gawn the guardian and Margaret the relict are to take an inventory of the whole goods of the deceased and to dispose of the same at public cant for the benefit of the orphans and of all persons concerned which is to be returned to the Episcopal Registry

Probatum & decretum est

John Cosnahan, Edward Moore

At Douglas 12th March 1740 John Cottiman was then sworn supervisor of the children of Mr Charles Killey. By me John Cosnahan

[Following page is of the claims against the estate, amounting to about £20]

At Castletown December 19th 1755

Elizabeth daughter of Mr Charles Killey late of Douglas being arrived to lawful years has this day made choice of her step-father Mr Robert Kennedy of Castletown to be her guardian who is accordingly sworn to be aiding and assisting to the said Elizabeth with his best counsel and advice in the management of her affairs, whereupon her former guardians are discharged

Robert Radcliffe

To be annexed to the will & decree of Mr Charles Killey in Lib 1 mo 1741

NOTES

  1. Charles was the oldest surviving child of Jane Mc Ylroy & Richard Killey, and born in 1693
  2. Charles had five children Richard (1731-1740), Thomas (1732-1732), Charles (1733), Jane (1735-1736) by wife Dorothy Gawn m1730 & d1735, and Elizabeth (1740) by second wife Margaret Maddrel m1739. By the time his will was settled, there remained only son Charles who was 7 at the time, and daughter Elizabeth who was a few weeks old
  3. Charles snr was nearly 50 years of age when he died, and in that time he had amassed substantial land holdings well beyond the 1723 gift of a house from his parents. He named his 2 sons as his legatees, one of whom had died since the will was made. Additionally, Charles had remarried and had an infant daughter in the two years since he made his will
  4. The bequest for the poor of £10 became a source of wrangling between the Church and the executors. It took several years to extract the funds from them (Presentments: up to 1757, still not paid)
  5. He was recorded as a shopkeeper in several documents although he was more aptly described as a merchant, and sure to have been involved in the Manx import/export trade
  6. His mother was the younger daughter of John Mc ylroy & Kath Moore, Kath dying in about 1698, and John leaving the island and never heard of again, presumed dead
  7. Richard Killey married Jane Mylrea in 1689 in Braddan and presumably Jane was born in the 1660s. They had children Charles (b1693), Richard (1699), John (1701), Katherine (m John Cottiman 1724), & Esther (m Peter Moore, Richard Joyner) 1704
  8. Jane died 1725. Her sons John and Charles had both died by the time her husband Richard Killey died in 1744, leaving only her son Richard jnr and two daughters Catherine (Cottiman) and Esther (Moore, Joyner)
  9. Charles's father Richard had a burial record saying "old Richard Killey aged about 90": 30th May 1744 Braddan so Richard was born 1655-1660. He was a weaver
  10. Sister Catherine (Cottiman) had three children - Jane (1725), John (1725), a son (1731)
  11. Sister Esther had seven children - Robert (1732), Richard (1735), Esther (1739), Peter jnr (1741), & Isabel (1737) with Peter Moore; after his death, Esther married Richard Joiner in 1742 and had children Margaret (1743) & Catherine (1745)
  12. In 1723 his parents gifted Charles a house on cottage allotment #104 (later renumbered 109), the entire allotment described in Lib Assed three houses and two gardens 12d, another little house ¾d and a house and garden on the sand side 2d Total rent 14d. Included in #104 were two tenancies purchased by Richard in 1686 and 1692, and a third much more valuable tenancy which Jane had inherited from her parents. The allotments were on (now) Barrack St
  13. Next door neighbours were Phil Higgin and his wife Jane Mcylrea, and Robert Lewn, father of Margaret the wife of Thomas Mylrea
  14. Charles's parents sold the house on the sand side in 1707 of #104/9, and what remained of the allotment passed to Charles's sister Esther then to his nephew Richard Moore in 1762
  15. The life of his surviving son, Charles jnr, was not easy. Having lost his mother at age 2, and his father at age 7, and inheriting a significant fortune when he came of age, none of his children survived and he (Charles jnr) died in his mid 30s, apparently in financial trouble: Philip Moore, the brother in law of Charles jnr, in correspondence with his father Sir George said "I am sorry to hear Charles Killey''s affairs are in so disagreeable a situation", dated 25th July 1768 and written from Hallifax in Nova Scotia [MNHLA MS 2860c]
  16. The male line of Killeys that began with Jane Mc ylroy & Richard Killey came to an end with the death of their son Richard, in 1759 for none of the sons of Charles snr and Charles jnr survived, and Richard (if that be him) had a daughter, Ellinor
  17. The assets so artfully acquired during the 1730s to make Charles snr a wealthy man were eventually sold to Sir George Moore by his son Charles jnr in 1768
  18. NOTE: Be aware that cottage allotment numbers changed over time as Douglas expanded. Rent and neighbours become key elements in confirming whether the tenants (ie Charles Killey) have changed properties or whether they have remained stable while the allotment number from one LA to the next

Associated Documents

From Summary of Wills, A Manx Notebook

1737 Eliz Gawne arb 17370424 dated 18 Apr 1737;Capt William Qualtrough (Kentraugh, Rushen); Mr Thomas Gawn (Ballagawn, Rushen) + wife Jane obo their dau Elizabeth Gawn; to marry within a month; Gawn settles £200 (Manks) of wch the mortgage held by Thos Gawne from the Nunry? is includ edas prt and sd Wm + Elizth are intitled to mortgaged land together with half effects Thos Gawn + wife may die possed off - noted another m/c given to Charles Killey (Douglas) + his now decd wife; Witt John Cotteman, Chas Killey; rest except Jane sign (tho Tho very shakey) sister in law

1759-1 E d KILLEY Richard d 17 dec 1758; only dau Ellinor admx; pledges John Christian carpenter, Matth Christian butcher (both Douglas). Is this his brother? (m Alice Quirk in 1732? 1735-1 A 25 KILLEY Alice QUIRK d 25 feb 1734;sis ann; mo alive; child on her bearing; husb alive; ch ua uncle wm quine + isabl quirk supv)

 

Last updated: July 2022