| Submitted by: | Diana Pitchford |
| Date: | 28 May 2006 |
| Original: | LDS: 0106545 |
DINAH CLARKE
DOUGLAS
203
IN HIS MAJESTY’S HIGH COURT OF JUSTICE OF THE ISLE OF MAN
COMMON LAW DIVISION
(Testamentary Division)
In The Goods of Dianh Clarke formerly
Of No 61 Bucks road and late of No 59 Bucks
Road in the borough of Douglas widow deceased
---------------------
Know all men by these that we Margaret
Jane Clarke of No 59 bucks Road Douglas
aforesaid spinster Thomas Lynam of No 59
Bucks Road Douglas aforesaid and
James Harrison Clarke of Pulrose
in the parish of Braddan farmer
are jointly and severally and any two of us jointly bound unto our
Sovereign Lord the King in the sum of one hundred
and fifty --------------------------------------
pounds to the payment whereof well an truly to be made to our said
Lord the King, his heirs and successors, we bind and oblige ourselves
jointly and severally, and any two of us jointly, or Executors and
Administrators, firmly by these presents.
As witness our subscriptions the fourteenth day of
November in the year of Our Lord one thousand nine hundred
and three.
THE CONDITION of our obligation is such, that if the
Above-named Margaret Jane Clarke
(hereineafter called “the Executor”)
who seeks to obtain a grant of Probate of the last Will and Testament of
Dinah Clarke
late of No 59 Bucks Road aforesaid
but now deceased, who died on or about the 22nd day of September
1903, at No 59 Bucks Road aforesaid
do, when lawfully called on in that behalf, make or cause to be made
a true and perfect inventory of all that and singular the personal estate and effects
of the said deceased, which have or shall come to her hands,
possession, or knowledge, or into the hands or any other person for her
and the same so made do exhibit, or cause to be exhibited, into the proper
Registry in that behalf whenever required by law so to do: And the same
personal estate and effects of the said deceased, which shall at any time come
into their hands or possession of the Executor, or into the hands or possession
of an other person or persons for her or which without default might
have come into the hands or possession of the Executor, do well and truly
administer according to law, that is to say, do pay the debts and liabilities of
the said deceased so far as the said personal estate will extend and the law
bind the Executor, then this obligation to be void and of no effect, or
else to remain in full force and virtue.
At a court holden at Douglas } Margaret Jane Clarke
the 14th day of November 1903 } T. Lynam
} James H. Clark
The executing parties to the foregoing Bond }
Acknowledged the same to be their Act and Deed, }
Before me,
M. W. Harris
…… Bailif of ……
This is the last Will and Testament
of me Dinah Clarke of 61 Bucks Road
in the town of Douglas widow -------------
I revoke all wills and testamentary
depositions heretofore made by me
and I appoint my daughter Margaret
Jane Clarke executrix hereof ------------
I bequeath to my said daughter
Margaret Jane Clarke my household
furniture wearing apparel and
jewellery for her own absolute use and
benefit -----------------------------------------
I bequeath to my daughter Hannah
Lynam the sum of one hundred pounds
for her sole and separate use free from
all marital control -----------------------------
I devise and bequeath all my real
and personal estate situate in England
unto and to the use of the said Margaret
Jane Clarke and her heirs executors and
administrators upon trust that she
or her heirs executors or administrators
.(as the case may be) shall in such manner
and under such stipulations and upon
such terms in all respects as she or they
shall think fit sell collect or otherwise convert
into money (according to the nature of the
premises) all such part of the same premises
as shall not consist of ready money and
may buy in or rescind any contract
for sale or of any other description
and resell without being answerable
for loss and may for the purposes
aforesaid execute and do all such
assurances and things as she or
they shall think fit and shall divide
and pay over the proceeds of such
sale collection and conversion after
deducting all expenses attending the
same equally amongst my seven children
namely James Harrison Clarke John
Clarke William Clarke Ann Osborn George
Clarke Mary Craine and Edward Clarke
the shares of my said daughters to be
.for their sole and separate use
free from all marital control
Provided always and I hereby declare
that the said Margaret Jane Clarke
or her heirs executors or administrators
may postpone the sale conversion and
collection of all or any part or parts
of my said real and personal estate
so long as she or they deem proper
(but my real estate shall be considered
as personalty form the time of my death)
and during such postponement she or
they may let from year to year my said
real and leasehold estates and
may make out of the income or capital
of my said real and personal estate
of any outlay which she or they may
consider proper for improvements
repairs insurance or otherwise for
the benefit or in respect of my said
real or personal estate And I
declare that the net rents and profits
.or other income produced from every
or any part of any said real or
personal estate to the
conversion or collection thereof
shall be accumulated by the said
Margaret Jane Clarke or her heirs
executors or administrators for the
benefit of the persons entitled to
the said real and personal estate
I devise and bequeath the residue of
my estate both real and personal
unto the said Margaret Jane Clarke
and her heirs executors and administrators
upon trust that she or they as the
case may be shall sell collect or
otherwise convert into money all such
parts thereof as shall not consist of
ready money and out of the proceeds
of such sale collection and conversion
and of any monies I may die
possessed of shall pay my funeral
and testamentary expenses and debts
.and shall divide and pay over the
residue equally amongst my seven
children namely James Harrison Clarke
John Clarke William Clarke Ann Osborne
George Clarke Mary Craine and
Edward Clarke the shares of my said
daughters to be for their sole and
separate use free from all marital
control ---------------------------------------
I declare that the receipt of the said
Margaret Jane Clarke or her heirs
executors or administrators for the
purchase money of any property hereby
directed to be converted and for any
money or securities paid or transferred
to the said Margaret Jane Clarke
or her heirs executors or administrators
in pursuance of any of the trusts
hereof shall effectually discharge
the person or persons paying or
transferring the same therefrom
and from being concerned to
.see to the application thereof -----------
Witness my name this twenty fourth
day of February one thousand eight
hundred and ninety two ------------------
Dinah Clarke
Signed published and declared by the said Dinah CLARKE as and for her last will
and testament in presence of us who in her presence at her request and in the
presence of each other have hereunto subscribed our names as witnesses
Leo Curat (?)
Wm. A. Miller
Last Modified 11 May 2011