Edward Gawne 1872

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