| Submitted by: | Shirley C Hogensen |
| Date: | 26 March 2003 |
| Original: | LDS: 0106266 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
67 Rushen
This is the last will and testament of me Esther Gawne formerly
Shimmin wife of John Gawn of the Rowany in the parish of Rushen in the Isle
of Mann, yeoman, made and executed by me in virtue and pursuant to the power
reserved to me in this behalf in and by a certain indenture
made the fifth day of December one thousand eight hundred and fifty three
between John Gawne my said husband and myself of the one part
and John Maddrell of Ballamaddrell in the parish of Arbory yeoman and Caesar
Corris of the town of Peel Merchant of the other part whereby the sum of six
hundred pounds lawful money of Great Britain is secured in
the hands of the said John Maddrell and Caesar Corris upon trust to pay the
said sum of money to such person or persons and for such purposes and
subject to such conditions or restrictions as I may appoint and
declare by any deed or instrument to be by me duly executed or by my
last will and testament, concerning the same which on reference to the said
deed the same will amongst other things therein contained more
fully appear. Now, In exercise of the said power of appointment so
vested in me by said indenture I give devise and bequeath the said sum of
six hundred pounds and all interest due thereon at the time of my death unto
my son William Henry Gawne to be paid unto him by the trustees
when he shall attain the age of twenty five years with all the interest to
accrue and become due upon the same from the day of my death, such interest
issues profits and dividends shall in the meantime accumulate until my son
is twenty five years of age as aforesaid. And I direct that such
accumulation of interest issues profits and dividends shall be
placed as they are received in a safe bank or invested in landed security
or in the stocks or shares of any public company by said trustees named
in said indenture or their lawful successors in said trust on the like
trusts as inserted in said original indenture concerning the said original
sum of six hundred pounds in every respect and subject to the provisoes
therein contained as to the liability of the said trustees and repayment
of all reasonable and lawful expenses incurred by them in the fulfillment
of the same trust, until the said William Henry Gawne shall arrive at the
said age of twenty five years. But in the event of his death before
attaining said age leaving a lawful child or children him surviving or
born in due time after his death my will is and I direct the said trustees
to pay the said principal sum of six hundred pounds with the
accumulations thereon as aforesaid to and amongst such his children
share and share alike except such child as shall be his heirs at law who
shall not participate in the division of the same unless there be only one
such child then the whole amount to be paid to such only child. Provided
nevertheless that should any adverse circumstances arise whereby it would be
for the benefit and advantage of my said son to advance and apply the
interest of said principal money towards the maintenance education and
advancement in life of my said son. If any such
contingency shall occur previous to his attaining the age aforesaid the
said trustees in their discretion are hereby authorized and empowered to
apply the same for such purposes and the amount so applied shall be deducted
as a good setoff against my said son on a final settlement of
the said trust. And if there be no lawful child of my said son living at
the time of his death before attaining his said age of twenty five years
or born in due time after his death. In such case, I give devise and
bequeath the said sum of six hundred pounds with all accumulations
thereon (subject to the deduction of any sum or sums applied for the benefit
of my son as aforesaid to Elizabeth Gawne, daughter of the late William
Gawne and Elizabeth Shimmin his wife, her heirs executors and assigns
absolutely. And I direct and request the said trustees John Maddrell and
Caesar Corris or their successors as trustees to carry into effect this my
appointment of said sum of six hundred pounds as aforesaid.
And I hereby nominate and appoint them the said John Maddrell and
Caesar Corris executors in Trust of this my last will and testament
made and executed by me in terms of the power reserved to me by said
indenture referred to herein first aforesaid.
In witness of all and every of which I have hereunto subscribed my name this
29 day of July in the year of our Lord one thousand eight hundred and sixty
two (1862). Esther Gawne
Witnesses:
Richard Curphy
Ann McCombe
At Kirk Michael 27th May 1863 Between John Maddrell and Caesar Corris
plaintiffs and John Gawn Defendant. In the Archdeaconal Court exhibited
respectively to Richard Curphey and Anne McCombe witness produced sworn and
examined on the part of the plaintiffs and referred to in their depositions
taken this day. Before Me R. Brown AR
At an Ecclesiastical Court held in Castletown on the 29th day of April 1864.
In pursuance of the rule of court dated at Castletown on the 15th day of May
1863. Richard Curphey and Anne McCombe the subscribed witnesses to the
execution of the the foregoing paper writing purporting to be the last will
and testament of Esther Gawne deceased having been specially examined and
their evidence committed to writing and they
having proved that the said Esther Gawne the testatrix when of sound
and disposing mind memory and understanding duly signed and executed the
same as and for her last will and testament in their presence and
John Gawne husband of the said testatrix who objected to probate of the same
being granted on the said 15th day of May 1863 having this day appeared by
his advocate and withdrawn all further opposition to the granting probate of
said will and consented that probate of the same be granted to the executors
in trust therein named John Maddrell and Caesar Corris the executors in
trust in said will named are therefore sworn
well and truly to fulfil and execute said will and to administer all and
singular the personal estate and effects of said deceased according to
law - and to return into the Archdeacon's Registry a full true and perfect
inventory of all and singular the said estate and effects with an
accurate account of their administration thereof when thereunto
lawfully required. And to these ends they have given pledges namely
John Kermode of the parish of Rushen and John Cooil of the parish of Arbory
who have entered into and executed the usual bond in the
presence of the court.
Probatum Est Thomas C. Callow A. R.
Last Modified 21 March 2016