William Kerruish, 1860

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See also petition by his grand daughter Sarah Jane Kelly

59     Maughold
We William Kerruish of Ballallen in the parish of Maughold and Sarah
Kerruish otherwise Corteen wife of the said William Kerruish being of
sound mind and memory but being mindful of our mortality do proceed to make
this our joint will and testament in manner following:
We recommend our souls to God and our bodies to Christian burial.
We revoke all former wills by us or either of us heretofore made.
We leave devise and bequeath unto our son William Kerruish junior all
and singular that parcel of land situate in the said parish of Maughold
part of the estate of the Dhoon which was purchased from Jane Davis and more
particularly described in and by the Deed of Sale granted by said
Jane Davis to me the said William Kerruish To hold unto the said William
Kerruish Junior and his heirs and assigns forever but subject neverthe
less to the payment of an annuity or annual payment of five pounds sterling
to be paid by the said William Kerruish Junior his heirs and
assigns unto our daughter Sarah Kelly otherwise Kerruish who now
resides with us the wife of William Kelly now off this island and
resident in Australia and which annuity is to be payable and paid to her
from the day of the death of the survivor of us for an during the term of
her natural life and is to be payable and paid to her own hands and her
receipt only and alone to be a discharge for the same and which annuity
is not to be paid to her in advance or by way of anticipation and is not to
be subject to the control of her present or any future husband nor to be
liable for the payment of his debts in any way nor to be arrested or such
debts and which annuity or annual payment of five pounds is hereby made
a lien charge and encumberance upon the said lands of the Dhoon and in
the  nature of rack rent recoverable in a summary or court of law during the
term of the natural life of the said Sarah Kelly.
We leave and bequeath unto John Kerruish of Booilivelt in the parish of
Maughold all and singular that parcel of purchased land to us belonging
called and commonly known by the kane of booileywooley part of the
quarterland of Glion Shom situate in the said parish of Maughold to hold
to him and his heirs and assigns In trust nevertheless and under the special
confidence that he and they  shall and will suffer and permit our said
daughter Sarah Kelly to Hold, possess and enjoy the said lands and
the rents issues and profits thereof without impeachment of waste for and
during the term of her natural life and which she is to hold, possess, and
enjoy and receive the rents issued and profits thereof to her own
sole and separate use without being subject in anyway  to the control of her
present or any future husband or in any way subject to the payment
of his debts or to be arrested or his debts but that her receipt shall only
and alone be a sufficient discharge for the same and upon the death of
our said daughter.  In further trust to convey the  said lands and
premises unto our son and heirs William Kerruish his heirs and assigns
To hold to him and his heirs and assigns forever.
We leave devise and bequeath unto the survivor of us the whole of our
purchased lands and premises as also the use and benefit of our personal
estate for and during the life of the survivor and we nominate and
appoint  the survivor of us executor or executrix of the one first dying
and upon the  death of the survivor of us we nominate constitute and appoint
John Kerruish of Booilvelt aforesaid executor of this our last
will and testament and residuary legatee of all the residue and
remainder of our goods and monies, chattels, and effects bills, bonds,
notes, or other engagements for the payment of money of what nature or kind
soever In trust nevertheless and under the special trust and confidence that
the said John Kerruish and his heirs being our executors shall and will
reduce our personal estate into money and place the same
at interest and suffer and permit our said daughter Sarah Kelly to
receive the interest thereof from time to time as the same become due during
the term of her natural life without the same being subject to the control
of her present or any future husband and not subject to the payment of his
debts but that her receipt only and alone shall be a sufficient discharge
for the same notwithstanding coverature and upon
the death of the said Sarah Kelly pay over the whole of our personal
estate to such children or to such of the children of the said Sarah Kelly
in such proportions and on such conditions as the said Sarah Kelly by  her
will may direct and appoint  and failing such directions  appointment
payover the same to the child of the said Sarah Kelly or to the children
of the said Sarah Kelly in equal portions and in case there be no child nor
children of the said Sarah Kelly her surviving then to pay over th same unto
her brother the said William Kerruish and in case he be then dead
then to pay over the same to such child or to such of the children of the
said William Kerruish as the said Sarah Kelly may by her last will and
testament direct and appoint to receive the same and failing such direction
and appointment pay over the same in equal proportion among the children of
the said William Kerruish and in the event of the death of the said William
Kerruish and his children before the said Sarah Kelly
pay over the same to such person or persons as the said Sarah Kelly may by
her will direct and appoint to receive the same and failing such directions
and appointment payover the same to the legal
representatives of the said Sarah Kelly but we do hereby will and direct
that notwithstanding the foregoing devise it shall and may be lawful for
the said John Kerruish his heirs and assigns being the trustee to advance to
the said Sarah Kelly out of the principal only then at  interest any sum to
exceeding  fifty pounds and her receipt only and  alone shall be a sufficent
discharge for the same and which sum of fifty pounds or any part hereof is
not to be subject to the control of per present or any future husband nor
subject to the payment of his debts but to be or her own sole and separate
use
In witness hereof we have hereunto subscribed our names  this eleventh day
of January in the year of our Lord one thousand eight hundred and fifty
eight.
William Kerruish
Sarah Kerruish
Witnesses:
FJ. D. LaMothe
J. C. Lamothe
12 Oct 1860 Sarah Kerruish sworn as executrix with pledges William Kerruish
and James Callow junior

Last Modified 15 March 2016