Sarah Kerruish, 1863

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Maughold 
1863 
129
The humble petition of William Kelly of the parish of Onchan and Sarah
his wife.
Sheweth:  That Mrs Sarah Kerruish relict of William Kerruish late of
Ballallen in the parish of Maughold the mother of your petitioner Sarah
departed this life 24 May1862 but first duly made and published her last
will and testament whereof she appointed John Kerruish of Booile velt in the
said parish of Maughold executor in trust of the benefit of your said
petitioner Sarah but the said John Kerruish refuses to take upon himself the
burden of the said executorship.
That it has become necessary that  either the said John Kerruish
executor or some other fit and proper person should be appointed
administrator of the will of the said Sarah Kerruish and of the joint will
of the said William Kerruish of whose will the said Sarah deceased was
executrix.
Wherefore your petitioners pray a hearing hereof and that your worship may
be pleased too appoint the said John Kerruish executor your
petitioner William Kelly or some other fit and proper person
administrator with the will annexed of the joint will of the said William
Kerruish and Sarah Kerruish and your petitioners will pray. F. J. D.
LaMothe for the petrs
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 commend 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 form 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 for ever but subject
nevertheless 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 of Australia and which annuity to be payable and paid to her
from the  day of  the death of the survivor of us for and 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 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 not to be arrested for 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 other 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 name of Booilaywooley 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  received the rents issues and profits thereof to her own sole
and separate use without being subject  in any way to the control of her
present or any further husband or in any way subject to the payment of his
debts  or to be arrested for his debts but that her receipt shall
only  and alone be a sufficient discharge for the same and upon the death
our said daughter in further trust to convey the said lands and premises
unto our son and heir 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 Booilivelt 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 becomes due during the
term of her natural life without the same being subjected  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 child or to such of the children of the said Sarah Kelly in
such proportion and on such conditions as the said Sarah Kelly  by her
will may direct and appoint 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 appointment
- pay over 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 money then at interest any sum not exceeding fifty pounds and her
receipt only and alone shall be a sufficient discharge for the same
and which sum of fifty pounds or any part thereof is not to be subject to
the control of her present or any future husband not subject to the payment
of his debts but to be for her own sole and separate use.  In witness
whereof 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:
F.J. D. LaMothe
J. C. Lamothe

12 Oct 1860 Ramsey - Sarah Kerruish Kelly sworn with pledges William
Kerruish and James Callow Junior.

Last Modified 20 March 2016