Submitted by: | Shirley C Hogensen |
Date: | 27 March 2003 |
Original: | LDS: 0106274 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
4 Rushen The humble petition of Emily Maria Gawne widow of Edward Moore Gawne late of Kentraugh in the parish of Rushen Esquire deceased, the Reverence Richard Murray Gawne, John Quayle Esq and Emily Catherine Quayle otherwise Gawne his wife, Henry Jephson Gawne Esq, the Reverend Robert Dempster Bonner and Francis Alicia Mary Bonner otherwise Gawn his wife, Isalen Jane Gawne spinster. Sheweth: That the said Edward Moore Gawne departed this life on the 8th day of February 1872 having first duly made and published his last will and testament dated the 21st day of September 1869 and also a codicil thereto dated the 3rd day of July 1871. That the executor named in the said will and codicil are the petitioners Emily Maria Gawne and Richard Murray Gawne, and Edward Curphey Farrant of Ballakillingan in the parish of Lezayre Esquire. That the said Edward Moore Gawne left him surviving the petitioner Emily Maria Gawne his widow and the petitioners Richard Murray, Emily, Catherine, Henry Jephson, Frances Alicia Mary, and Isalen Jane and Katharine Eliza and also Eden Heywood Gawne, John Moore Gawne, and Annie Margaret Gawne who are infants children of the said Edward Moore Gawne and Emily May Mona Murray Gawne, Edward Benjamin Gawne, Drummond McLeod Gawne and Ethel Kath McLeod Gawne all infant, children of Edward Gawne Esquire decease who was eldest son of the said Edward Moore Gawne, all which children and grandchildren are the only next of kin of the said Edward Moore Gawne deceased. That it is necessary that the said will and codicils should be proved. Wherefore th petitioners humbly pray a hearing hereof and that Probate of the said will and codicils may be granted to the petitioners Emily Maria Gawne and Richard Murray Gawne and to the said Edward Curphey Farrant the executor named in the said will and codicil as aforesaid and the petitioners will pray. James Gell for the petitioners. At a Special Eccl Court held at Kentraugh in the parish of Rushen in the Isle of Man on the 20th day of February 1872. Upon hearing the petition in the presence of the parties or their advocates and upon proof of the lawfull execution being first had probate of the will with a codicil of Edward Moore Gawne late of Kentraugh in the parish of Rushen in the Isle of Man Esquire deceased was granted to Emily Maria Gawne, Widow, the relict of the said deceased and the Reverend Richard Murray Gawne the son of the decease two of the executors in said will named as prayed for. Power being reserved of making the like grant of probate of said will and codicil to James Gell Esquire Attorney General for the Isle of Man the other executor in said will named when he shall make application for the same. This court hereby decreed in that the erasure of the appointment of the said James Gell as an executor of said will and codicil is not valid on the same having been proved to have been made subsequent to the date of the codicil to said will and not signed witnessed and executed as the same directs. The said erasures to be read and copied the same as if they had not been meddled with. And the said interlineations all not admitted to probate. Thomas C. Callow A. R. This indenture made the seventh day of December one thousand nine hundred and thirty seven between Edward Murray Gawne of Kentraugh in the parish of Rushen Gentleman (the said Edward Murray Gawne his heirs executors administrators and assigns being hereinafter referred to as ("the Releasor") of the one part and Arthur John Hack of Athol Street in the Borough of Douglas Chartered Accountant and John Kermode of Ballaspet Saint Johns in the parish of Patrick Retired Farmer Trustees of the will (hereinafter cited) of Edward Moore Gawne late of Kentraugh in the parish of Rushen Gentleman deceased (the said Arthur John Hack and John Kermode as such trustees as aforesaid and their respective heirs executors and administrators being hereinafter referred to as ("the present trustees") of the other part. WITNESSETH WHEREAS the said Edward Moore Gawne (hereinafter referred as ("The Testator") died on the eight day of February 1872 having first made and published his last will and testament bearing date the twenty first day of Sept 1869 whereof he appointed his wife Emily Maria Gawne and his son the Rev Richard Murray Gawne and James Gell then Attorney General of the Isle or Man Executors and Trustees and after making certain devises and bequests he thereby left devised and bequeathed to the said Emily Jane Gawne, Richard Murray Gawne, and James Gell (thereinafter referred to an ("the original Trustees") all the residue of his real and personal estate of every description and wherever situate (thereinafter referred to as the (Trust Property") TO HAVE AND TO HOLD the Trust Property unto the Original trustees and their assigns and the survivor of them and the heirs executors administrators and assigns of such survivor according to the nature and character of the property and to other the trustees or trustee for the time being thereunder upon trust that the original Trustees after making or providing certain charges and payment thereout as therein set out should pay the next income of the Testator's residuary real and personal estate to such person who should under the Twenty Seventh Clause of the Will of the Testator become entitled to the Kentraugh furniture and effects for the term of his life and upon the decease of such heir and upon all annuities payable out of the said residuary Real and Personal Estate being discharged in further trust to make over assure and convey the whole of the said residuary Real and Personal Estate to or in trust for such person or person attaining the age of twenty one years and being of the issue of the heir of the testator and who should become entitled as aforesaid and subject to such conditions restrictions provisoes and limitations. And also to such yearly charge for the benefit of the widow of the said heir of the Testator aforesaid during her life or widowhood only and to such other charges for the benefit of any other issue of the said heir of the Testator aforesaid as such said heir might by his last will and testament direct and appoint and in default of appointment or in so far as the same should not extend when all annuities payable out of the said residuary Real and Personal Estate and all sums made chargeable on the said Real Estate by the Will of the Testator shall have ceased an been paid to convey and make over such residuary Real and Personal estate to the heir at law of the Testator aforesaid provided such heir at law be of the issue of the heir of the Testator aforesaid and to the heirs and assigns of such heir at law subject to that case to the payment of Four hundred pounds per annum to the Widow of the said heir during her widowhood and to the payment to each child of the said heir at law of the testator except such one as may be his heir at law who might survive the said heir and attain the age of twenty one years a sum of two thousand pounds. AND WHEREAS the said will of the Testator together with a codicil thereto dated the Third day of July 1871 were admitted to Probate at a Special Eccl Court held at Kentraugh as aforesaid on the Twentieth day of February 1872. AND WHEREAS Edward Brian Gawne late of Kentraugh in the said parish of Rushen was the heir at law of the Testator in terms of the will of the Testator and become entitled to the said Kentraugh furniture and effects. AND WHEREAS BY the said recited will of the testator the tesator did thereby charge his Real Estate (as and in his said will set out) with inter alia the sum of Three thousand pounds for the benefit of his daughter Emily May Mona Murray Marray (then Emily May Mona Murray Gawne) as provided in clauses, 29, 51, 53, 55, 56, and 57 of the will of the testator and therein directs that the said sum of three thousand pounds should be paid out of the Personal Estate of the testator in such personal estate should be sufficient therefore. And WHEREAS the personal estate of the testator was insufficient to pay the said sum of three thousand pounds for the benefit of the said Emily May Mona Murray Murray and the same consequently became a charge on that portion of the Real Estate of the testator as set out in the testator's will such have being now vested in Edwin Kneen of Athol Street in the Borough of Douglas Advocate the surviving trustee under a Deed dated the Twentieth day of July 1935 (hereinafter recited) and made between the said Emily Mona Murray Murray (then a widow) of the first part the present trustees of the second part and John William Hyde (now deceased and the said Edwin Kneen as Special Trustees of the third part. And Whereas Emily Maria Gawne widow of the Testator died many years ago. And whereas all annuities and sums chargeable and payable out of the said residuary real estate of the Testator (excepting the aforesaid sum of three thousand pounds have ceased to be payable or have discharged And whereas the present Trustees are the present Trustees of the said will and codicil of the Testator. And whereas the said Edward Brian Gawne the heir at law of the Testator died on the sixth day of June 193l. And whereas the said Edward Brian Gawne as the heir at law of the Testator by his last will and testament dated the Third day of October 1931 (and proved on the thirteenth day of June 1932 by the said Arthur John Hack the executor the executor therein named) did by virtue of the powers vested in him under the will of the testator appoint the whole of the Real Estate over which the said Edward Gawne from all claims and demands in respect of the said sum of Three thousand pounds left by the Will of the Testator as aforesaid and from all income thereon to the date thereof. And whereas by Deed bearing date the Twentieth day of July 1935 and made between the said John William Hyde and Edwyn Kneen as the Special Trustees appointed under the herrinbefore recited Deed of the Twentieth day of July 1935 of the first part the releasor of the second part and the present Trustees of the third part the Special Trustees did for the consideration therein in named release acquit and discharge to the present Trustees all and singular the residuary Real and Personal Estate of the Testator to which the Releasor was entitled in terms of the said Will of the Testator and which was charged by the said payment of Three thousand pounds for the benefit of the said Emily May Mona Murray Murray TO HOLD the same unto the present trustees and their heirs and assigns from the day of the date thereof absolutely freed and discharged from the operation of the said sum of Three thousand pounds and all interest payable in respect thereof and from all liability to pay or to contribute towards the payment of any moneys then due or thereafter to accrue due in respect thereof as fully and effectually to all intents and purposes as if the said residuary Real and Personal Estate of the Testator had never been charged with the payment of the said sum of Three thousand pounds. AND WHEREAS by Deed bearing date the Twenty day of July 1935 and made between the present Trustees of the one part and the Releasor of the other part the present Trustees did for the consideration herein named grant and convey unto the Releasor the residuary Real Estate therein specifically specified to which the Releasor was entitled in terms of the said Will of the Testator and did also thereby assign and transfer unto the Releasor ALL AND SINGULAR the personal estate therein specifically set out TO HOLD the same unto the Releasor his heirs executors administrators and assigns according to the nature of the said property from the date thereof absolutely and forever. AND WHEREAS the present Trustees have prepared a statement of account of the residuary Personal Estate to which the Releasor is entitled out of the said Will of the Testator under and by virtue of the said will of the said Edward Brian Gawne which said statement of accounts shews all the particular of relisation receipts and disbursements and of the investments now subject to the trust of the said will of the Testator and all the dealing therewith down to the date hereof which said statement of accounts is attaches hereto.(Not typed). AND WHEREAS the said statement of accounts has been submitted to the Releasor and been carefully examined by him and has been signed by him in testimony of his approval thereof. AND WHEREAS the Releasor is satisfied with the relisation and with the receipts disbursements payments and investments and has received and been paid by the present Trustees the balances of all money shewn by the said statement of accounts to be in their hands also the sum of EIGHTY TWO POUNDS SIXTEEN SHILLINGS AND TEN PENCE from the said Arthur John Hack as the Executor of the Will of Edward Brian Gawne deceased as shewn by the account of the said Executor and a transfer of all securities now held by the present trustees and of which the Releasor is entitled as aforesaid the receipt of which said moneys and transfer being testified by the execution hereof by the Releasor and the Releasor has agreed to execute the release and indemnity hereinafter contained. NOW THIS INDENTURE WITNESSETH that in pursuance of the said Agreement and in consideration for the conveyance transfer and payment as aforesaid the Releasor doth hereby absolutely release and forever discharge the present trustees and each of them their and each of their heirs executors and administrators and also the Estate and Effects of the Testator and also the Estate and Effects of the said Edward Brian Gawne deceased from the money stocks funds shares and securities so paid or transferred by the present Trustees to the Releasor as hereinbefore mentioned and all other the trust Estate and properties comprised in or which is or has at any time been subject to the trusts of the said Will of the Testator and the interest dividends and income thereof and every part thereof respectively from all actions proceedings claims and demand in relation thereto or otherwise under the trusts of the said Will of the Testator or in relation to any sale investment payment allowance act or thing whatsoever at anytime made done executed omitted or neglected or for or in respect of anything relating to the premises. IN WITNESS WHEREOF the parties hereto have hereunto subscribed their names the day month and year first before written. E. B. Gawne A. R. Hack John Kermode Inventory not typed
Last Modified 31 March 2016