Esther Gawn, 1873

Note: The pagination may not be correct and translated or doubtful wording may not be indicated.

39          Rushen

I Esther Gawn widow of William Gawne late of the Rowany in the parish
of Rushen being of sound disposing mind and memory do make my will in manner
following:
I leave to my grandson William Henry Gawn who is at present a minor and
my heir apparent my estate of Fistard and Glenchass in the said parish
of Rushen with the buildings hereditaments and appurtenances,  meaning
hereby all my real estate, of every kind in the said parish of Rushen, to
be possessed by him upon the 12th day of November next after he shall have
attained the age of twenty seven years and not sooner - taking the same
subject to and paying all the mortgages or encumbrances annuity or annuities
bonds rents charges rates and taxes of every kind that may then or
afterwards be chargeable thereon.
I leave to my daughter Isabella Kermode wife of Henry Kermode of Colley
in the parish of Arbory with whom I at present reside the said estate of
Fistard and Glenchass and all other real estate with the hereditaments
and appurtenances to the same belonging and the rents issues and profits
thereof to have and to hold unto her from the day of my death up to and
until the said 12th day of November next after the said William Henry Gawne
shall have attained the said age of twenty seven years.  And
should the said Isabella Kermode die before the said William Henry Gawn
shall have attained the said age of twenty seven years and entered upon the
possession of the said estates and premises and the rents issued and profits
thereof then and in that case her daughter Ellinor Esther Kermode shall be
entitled to enter into the possession of the said lands and premises with
their appurtenances and the rents issues and profits thereof and hold and
enjoy the same from the day of the death of the said Isabella Kermode up to
and until the said 12th day of November next
after the said William Henry Gawne shall have attained the said age of
twenty seven years when he is to enter upon and possess the same as
aforesaid.  The said Isabella Kermode and Ellinor Esther Kermode (in case
she shall possess the said estate) to pay annually the interest of the bonds
or mortgages annuity or annuities bond suits and services rates and taxes of
every kind that may be chargeable upon the said estates and premises during
their respective holdings of the same.
And also keep and maintain the said lands and the houses and buildings
thereon in fair and reasonable order and repair and not to allow any
willful waste of the same.
And I do will and desire that if the said Isabella Kermode and Ellinor
Esther Kermode shall both happen to die before the said William Henry Gawne
shall be entitled to possess the said estates and premises as aforesaid that
it shall be competent for the survivor of the said Isabella Kermode and
Ellinor Esther Kermode by writing under her hand notwithstanding coverature
to direct and  appoint the person or persons that she desires shall have
hold and enjoy the said estates and the rents issues and profits thereof and
the terms and conditions of such holding
up to and until the said 12th day of November next after the said William
Henry Gawne shall have attained the said age of twenty seven years as
aforesaid such person or persons so holding the said estates lands and
premises under such direction to pay the interest annuity or annuities bonds
suits and services rates and taxes as the premises maybe hath to and also
keeping the said lands and premises during their holding or holdings in fair
and reasonable order and condition and repairs and not to commit or cause or
----- to be committed any willful waste of it upon the same.
I leave the said Ellinor Esther Kermode two hundred pounds being the
principal amount of a certain Deed of Bond and Security granted to me by her
father Henry Kermode secured in his lands of Ballacubbon in the said parish
of Arbory and dates 24 July 1847 to be paid to her at the death of her
mother the said Isabella Kermode to whom I leave the interest
thereof during her natural life but should the said Isabella Kermode die
before the said Ellinor Esther Kermode attains the age of twenty one
years the interest of the said bond shall accumlate thereon from the death
of the said Isabella Kermode until the said Ellinor Esther Kermode shall
have attained the said age of twenty one years and be then paid to her with
the principal money of the said bond.
I also leave the said Ellinor Esther Kermode the sum of one hundred
pounds to be paid to her by my executrix when she the said Ellinor Esther
Kermode shall have attained the age of twenty one years the same to be
placed in security on real estate and the interest to accumulate thereon
from the day of my death until the said Ellinor Esther Kermode shall have
attained the said age of twenty one years when the said sum of one hundred
pounds and the accumulation of interest thereon shall be paid to her.
I also leave the said Ellinor Esther Kermode all the household goods of
every kind which belonged to me when I lived in the Rowany excepting
the articles hereinafter bequeathed to my grandson William Henry
Gawne.
 I leave the said William Henry Gawne his late father's feather bed,
bedstead, and a full suit of bed clothes and the oil paintings of his late
uncle Mr John Shimmin
deceased and a sum of five pounds.
I leave Elizabeth Gawne my said late husband's sister twenty pounds  to
be paid to her by my executrix in four annual  installments of five pounds
each.
I leave the Vicar and Wardens of Rushen for the time being the sum of
ten pounds to be applied as they may see best for the poor of the parish. I
leave all the rest of my personal estate of every kind and description to
the said Isabella Kermode and do hereby appoint her executrix of this my
will according to law.  Revoking all wills by me heretofore made and
declaring this to be my only will.  In testimony whereof I have hereunto
subscribed my name this first day of December one thousand eight hundred and
seventy one.
Esther Gawne
Witnesses:
James Kewley
Henry J. Watterson.

Codicil
Having made published and declared my foregoing will this day I the said
Esther Gawne am minded and desirous of making the following codicil thereto
namely.
That the bequests therein of the estates of Fistard and Glenchass to the
said William Henry Gawne shall include and be in full satisfaction and
discharge for any claim he has or could have against me or any other person
in respect to my widow right and the payments made to me in respect thereof
out of the rents of the Rowany or in any other way whatsoever.
Should he decline to take the said estate on that condition then and in
that case.  I hereby cancel the said bequest to him and all other bequests
in my said will of and relative to the said estates and do hereby leave
and bequeath the said estates with their hereditaments and appurtenances  to
my daughter Isabella Kermode executrix named in the said will to have and to
hold unto her and her heirs and assigns forever
as fully as if the same had been bequeathed to the said William Henry Gawne
in and by the said will.
And I do hereby will and direct that if the said William Henry Gawne
shall refuse or decline to take the said estates under the said will
subject to the condition herein contained or shall take the same
hereunder subject to the said condition and die before he attains the age of
twenty seven years without leaving lawful issue him surviving to
take the same under the said will and condition (which it is my will that
such issue should do) so that the said Isabella Kermode shall be entitled
to take the said estate under this codicil or as inheritance then  and in
that case I do hereby will and direct that whether she shall take the
same under this codicil or as inheritance or whether she and her said
daughter Ellinor Esther Kemode shall take the same and the rents issues and
profits thereof under the said will for the term therein specified or become
possessed thereof in any other way, that  in any case the same shall not be
liable to the liabilities ------------- or control of the said
Isabella Kermode's present husband nor of any other husband she may have not
the liabilities interference or control of any husband or
husbands the said Ellinor Esther Kermode may happen to have but that their
and each of them own direction in all matters and things connected with and
relative to the said estates and also to the personal estate bequeathed to
them and each of them in and by the said will and the disposal of the said
real and personal estates that they may be entitled
to or become possessed of under the said will and codicil or otherwise in
rights of me by virtue thereof shall before their and each of their
exclusive sole and separate use and benefit notwithstanding coverature
and that all legal acts matters and things which they and each  of them may
do respecting the management arrangement receipts payments and disposal of
the said real and personal estates and all matters connected therewith shall
be good and binding in law notwithstanding coverature as aforesaid.
In witness whereof I have hereunto subscribed my name this 1st day of
December 1871 in presence of the witnesses to my said will.    Esther Gawne
Witnesses:
James Kewley
Henry J. Watterson

Last Modified 1 April 2016