Archibald Clarke, 1870

10       Douglas
I Archibald Clarke of the town of Douglas Grocer make my will as
follows:
I leave to my wife the policy on my life effected in the Norwich Union
Assurance Office.
I also leave to her all my household furniture and household effects in
the dwelling house in which I live in West View in the town of Douglas.
I leave to my son Archibald Clarke and his heirs and assigns all my share
right and interest of and in that estate and those lands commonly called the
Hill or Parrs land in the parish of Conchan and my share right and interest
of and in all ground rents and rents charged payable thereout
and of an in all purchase monies payable of or in respect or any parts
thereof sold or agreed to be sold all which said premises are now vested (as
to the legal estate thereof) as Miss Brison and Mrs Gelling hereby declaring
that five plots of the said estate belonging to me situate in
Road and three ground rents hereinafter mentioned payable to me are not
included in this devise.
I leave devise and bequeath to my said son Archibald and to John
Goldsmith and Gilbert Torrance of Douglas and the survivors and survivor of
them and the heirs executors and administrators of such survivors those five
plots of the Hills estate in Circular Road in the said town of Douglas
belonging to me and those three ground rents payable to me out
of parts of the said estate one of which is payable by Richard Cowle another
by messrs Caley and Gelling and the other by Thomas Quine and which amount
in the whole to under twenty pounds a year, and also all
the rest and residue of my real and personal estate in trust to call in and
invest the said personal estate and to receive the rents of the said real
estate and the said ground rents and the interest of the said personal
estate and after payment of the proportion of the annuity hereinafter
mentioned in trust to pay over to my eldest son William the one half of
the net accrual proceeds thereof for and during his life and after his
death to pay the same to his widow if he leave one during her widowhood and
after the decease of my said son William and the decease or
marriage of his wife in trust to sell the said real estate and pay over the
one half of the proceeds of the same and of the said personal estate to and
equally amongst all and every the children of my said son and their
executors administrators and assigns and further in trust as to the other
half of the said trust premises to pay over the accrual income thereof to my
daughter Frances Dalgleish for her life for her sole and separate use and
not to be assignable or anticipated by her during her coverature and to be
free from the control of her present or any future husband and on her
decease in trust to pay over, the one half of the proceeds of the said real
estate when sold or the rents thereof until sold and the other moiety of the
said residuary trust personal estate to and amongst the children of my said
daughter in such shares or all to one as she may appoint and in default of
such appointment then to and equally amongst such children
and their respective executors  administrators and assigns.
I leave to my said wife an annuity of seventy pounds to be paid to her
yearly and every year during her lifetime and I do hereby charge the
said portion of the Hills estate and the ground rents devised to my son
Archibald with the payment of forty five pounds a year as his proportion of
the said annuity and I direct the remainder thereof  to be paid by the said
trustees out of the proceeds or income of the said trust property devised
and bequeathed to them and I direct  the said trustees to charge one half of
such remainder against the income of my said daughter and
her children and the other half thereof against the income of my said son
William and his children and to pay the same thereon annually as a
preferable charge.  I declare that my said son Archibald shall have full
power to sell the said Hills property or any part thereof  but shall out
the proceeds thereof secured the said annuity of his portion thereof but no
purchaser shall be bound to see to such security being provided.
I declare that if any of the said trustees decline to act the others or
other accepting shall have full power to act in all matters as fully as if
they had all acted and joined in such act.  I declare also that the said
trustees and the acceptors of them and the survivors or survivor of them
shall have full power to sell any of the real estated vested in them and
to give effectual receipts to any purchaser thereof at any time they may
think best and the proceeds of such sale shall be invested  same trusts and
subject to the said proportion of the said annuity as the said
premises so sold were liable to.
I further declare that the bequests of the said annuity and of the said
policy and  furniture as made to my said wife in full bar and satisfaction
of any share right of dower or interest she might have in my estate and my
widow.
If my said wife elects to take her widow right in my estate instead of
the said bequests then she is at liberty to do so and in addition to such
widow right I leave her all my interest in the said household furniture
and effect in my said dwelling house and my interest in the said policy.
I hereby revoke all other wills made by me and appoint the said John
Goldsmith, Gilbert Torrance and my said son Archibald to be joint executors
hereof.
I declare that the shares in the First Laxey Mining Company Limited and
in The Isle of Man Banking Company Limited standing in my name are the
separate estate of my said wife and if it should be necessary I direct my
executors to transfer the same to the _____ her trustee and I further
declare that my wife real estate in England is not intended to be
affected by this will or by any devise therein contained.
I further declare that the sales to be made by my son Archibald of the
Hills estate property and ground rents shall in the hands of a purchaser
or purchasers bar the said annuity and the claim of my wife thereto but she
shall have a right to have a sufficiently part of the proceeds thereof
invested in security in order out of the interest of such investment to
pay the said proportion of the said annuity and that all  sales of the said
to her real estate made by my said trustees shall also bar the said
annuity but the proceeds of such sale shall be invested for the security
of the remainder of the said annuity and otherwise are the trusts
hereinbefore declared respecting the said real estate by the description
in said such furniture and household effects I intend to include all beds
bedding linen wearing apparel books plate plates goods pictures
paintings musical instruments and all other household effects in the
said house.
I revoke all other wills made by me.
In witness whereof I have hereto subscribed my name this 20th day of
Dec 1869.
Archibald Clarke
Signed and published by the testator as his last will in presence of us
who at his request in his presence and in presence of each other have
subscribed our names as witnesses hereto:
Richard Sherwood
John Brown.

At an Eccl Court held at Douglas 26 Feb 1870
John Goldsmith and Gilbert Torrance two of the executors named therein
having renounced the executorship and declined to be sworn to
administer the estate of Archibald Clark.  The son Archibald Clarke is sworn
in court with pledges being James Kissack and Henry Laurence of
of Douglas

Last Modified 30 March 2016