Submitted by: | Shirley C Hogensen |
Date: | 22 June 2003 |
Original: | LDS: 0106480 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
Douglas 1875 No 7 The humble petition of Robert Swan Stephen of the town of Douglas advocate. Sheweth: That your petitioner's late wife Caroline Stephen (otherwise Goldie) departed this life on the 7th day of January 1875 having first made her last will and testament dated the 18th day of December 1873 whereof she appointed your petitioner sole executor such will being made by the said Caroline Stephen under a power of appointment reserved to her in and by certain Marriage Articles made in contemplation of the marriage thereof above to be afterwards solemnized between your petitioner and his said wife, which articles are dated the 15th day of July 1872 and made between your petitioner of the first part, his said wife of the second part, Mark Wilks Goldie Esquire of the third part John Clowes Stephen Esquire of the fourth part and Bruce Arnand, Alexander John Goldie and John Frederick Gill Esquire of the fifth part. That it is necessary that this said will should be proved. Wherefore your petitioner humbly prays a hearing hereof and that probate of the said will may be granted to your petitioner. And that your petitioner may have such other relief as is meet and he will pray. W. Gill for petitioner Ordered that this petition do come on to be heard at an Eccl Court to be held at Castletown on Friday the 12th day of February 1875 at 11 o'clock in the forenoon. Whereof all proper parties and persons are to have due and lawful notice. Given at Castletown this 9th day of February 1875. R. Jebb This is the last will and testament of me Caroline Stephen wife of Robert Swan Stephen of Douglas Esquire advocate. I being of sound mind memory and understanding at the making hereof and revoking all wills by me heretofore at any time made. Whereas by Articles of Agreement made the 15th day of July 1872 between Robert Swan Stephen of Douglas Esquire Advocate of the first part myself then Caroline Goldie of the parish of Conchan spinster of the second part Mark Wilks Goldie Esquire (my father) of the third part, John Clowes Stephen Esquire one of her Majesty's Deemsters father of the said Robert Swan Stephen of the fourth part and Bruce Arnand Esquire, Alexander John Goldie Lieutenant in the Thirtieth Regiment and John Frederick Gill Esquire (in the said Articles and hereinafter called the Trustees) of the fifth part such Articles of Agreement being made in contemplation of a Marriage then about to be and afterwards solemnized between the said Robert Swan Stephen and myself and continue the terms of a Settlement to be afterwards made in pursuance of such Articles certain property (hereinafter called the trust property ) of the said Robert Swan Stephen and myself was agreed to be assigned and made over to the trustees on certain trusts declared in the said Articles and to be set forth in the said Settlement and amongst others in case there should be no issue of the said marriage who might become entitled to the capital of the trust property then on failure of issue and if the said Robert Swan Stephen should survive me then at his death my part after trust property should be applied as I by Deed or will might have appointed and in default of appointment such share should go to such persons as would be entitled to the personal estate in case I had died intestate and a spinster. And whereas no settlement has yet been executed in terms of the said articles. Now I the said Caroline Stephen do hereby in pursuance of the power contained in the said articles and of any other power enabling me in this behalf direct and appoint that in case there should be a failure of issue of the said Marriage within the meaning of the said Articles and in case my husband the said Robert Swan Stephen survive me the trustees or trustee for the time being under the said Articles or under any settlement to be made in pursuance thereof shall assign convey and make over to my said husband as his absolute property all my share of the trust property and all my right and interest of every description under the said Articles or Settlement. And I nominate and appoint my said husband executor of this my will. In witness whereof I have hereunto subscribed my name this 18th day of December 1875. Caroline Stephen Signed and executed by the said Caroline Stephen as her last will and testament in presence of us who in her presence and in presence of each other have hereunto subscribed our names as witnesses. James Gell and James S. Gell At an Eccl Court held at Castletown on the 12 day of Feb 1875. Robert Swan Stephen Esquire the executor was sworn to execute the will of his wife Caroline Goldie Stephen. Pledges James Gell of Castletown in the parish of Malew Esquire and George Harrington Quayle of Castletown in the parish of Malew Esquire
Last Modified 2 March 2016