Submitted by: | Tom Jones |
Date: | 1 September 2009 |
Original: | LDS : 0106546 |
WILLIAM CHRISTIAN BRIDE 1904 In the High Court of Justice of the Isle of Man 12 Common Law Division Testamentary Jurisdiction In the Goods of William Christian late of Ballakey in the parish of Bride deceased. To his Honor Stuart Stevenson Moore One of His Majesty’s Deemsters and a Judge of the said Division. The Humble petition of Daniel Christian of Ballakey in the parish of Bride Farmer. Sheweth:- William Christian of Ballakey in the parish of Bride departed this life on or about the 7th day of January 1904 having first made and published his last Will and Testasment in writing whereof he appointed your Petitioner Executor. Your Petitioner is desirous of obtainijng Probate of the said Will and to be sworn Executor thereunder. WHEREFORE Petitioner humbly… prays a hearing hereof and that your Honor may be pleased to grant Probate of the said Will to your Petitioner And Petition [Note: A “REGISTERED” Stamp appears here and is dated 3 Feb 1904.] [page 2] will ever pray &c. &c. J W Hyde ? For Petitioner. Ordered that this petition do come on to be heard at a Court to be held at Ramsey on Monday the 1st day of February 1904 at 11 o’clock in the forenoon. Whereof all proper Parties and persons are to have due and lawful notice. Given at Ramsey this 30th day of January 1904 S Stevenson Moore [Note: A franked stamp dated 30 Jan 1904 appears here.] [Page 3] Whereas in and by the Last Will and Testament dated the 25th day of August 1900 of William Christian late of Ballakey in the parish of Bride in the Isle of Man Farmer who died on the 7th day of January 1904 and which said Will was proved at a Court holden at Ramsey on the 1st day of February 1904 and Probate thereof granted to his son Daniel Christian of Ballakey aforesaid the Executor named in the said Will the said William Christian (inter alia) bequeathed to his son Arthur Christian then of Durban South Africa the sum of One hundred pounds as Legacy and the Testator declared in in such Will that the said Legacy should be a charge upon his (the testator’s) real estate Stock, crop, and Farming implements which the said Testator gave and devised to his said son Daniel Christian by his said Will And the said Testator William Christian by his said Will further bequeathed the whole of the residue of his personal estate after payment of his just debts funeral and testamentary expenses to his sons Thomas Alfred Christian and Arthur Christian aforesaid and his daughter Margaret Ann Christian equally between them share and share alike by which last mentioned bequest the said Arthur Christian became entitled to the one third part or share of such residue of the Testator’s personal estate namely to thirty six pounds thirteen shillings. And Whereas the one third part of the residue of the Testators Estate due to the said Arthur Christian under the said Will namely the sum of Thirty six pounds thirteen shillings (together with the interest thereon) was [Note: A franked stamp dated 22 Jul 1914 appears here.] [Page 4] paid to the said Arthur Christian by the said Daniel Christian in the month of July 1905 the same having been paid by the said Daniel Christian into the Banking Account of the said Arthur Christian at Lloyds Bank Limited Ramsey Isle of Man at the request of the said Arthur Christian; And the said Daniel Christian continued to pay interest to the said Arthur Christian on the said Legacy of One hundred pounds due to the said Arthur Christian under the said will up to this date. And Whereas the said Daniel Christian hath now paid to the said Arthur Christian the full amount of the said Legacy of One hundred pounds with all interest due thereon up to this date, And the said Daniel Christian hath called upon the said Arthur Christian for a Receipt and Release for the said two Legacies paid to the said Arthur Christian as aforesaid, which the said Arthur Christian hath agreed to give. Now therefore Know All Men by these presents that the said Arthur Christian of Durban, South Africa, but at present of Ballakey aforesaid, doth hereby own and acknowledge to have received from his brother the said Daniel Christian of Ballakey in the said parish of Bride, the Executor of the Will of the said William Christian, the sum of One hundred and thirty six pounds together with all the interest due thereon up to this date the same being the total amount due to him the said Arthur Christian in respect of the said Legacy of One hundred pounds and of the said share of the residue of the personal Estate of the said William Christian both of which [Page 5] said legacies were bequeathed to the said Arthur Christian and by the said Will of his Father the said William Christian as herein before recited And the said Arthur Christian doth hereby release and discharge his brother the said Daniel Christian as such Executor of the Will of the said William Christian, and the heirs executors and administrators of the said Daniel Christian and the real and personal Estate of the said William Christian, deceased, from all further Claims and demands for and in respect of the said two legacies bequeathed to the said Arthur Christian in and by the said Will. In Witness whereof the said Arthur Christian hath hereunto subscribed his name this twenty second day of July One thousand nine hundred and fourteen. Signed and delivered in presence of Thos. S. Cooil Arthur Christian. Registered in the Registry of Deeds, Isle of Man this 22nd day of July 1914 at 11.30 o’clock fore noon No. 1904/12 Frank S. Johnson Rgs [Page 6] IN THE HIGH COURT OF JUSTICE Common Law Division [Testamentary Jurisdiction] Will of William Christian of Ballakey Bride Know all men by these presents that we 1. Daniel Christian of Ballakey Bride Charles Kneale of Bride Mason and Charles Halsall Kee of East Street Ramsey Jeweller are jointly and severally and any two of us jointly bound unto our Sovereign Lord the King in the sum of eight hundred pounds to the payment whereof well and 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, our Executors and Administrators firmly by these presents. As witness our subscription the first day of February in the year of our Lord one thousand nine hundred And four THE CONDITION of our obligation in such, that if the above named Daniel Christian [hereinafter called “the Executor”] who seek to obtain a grant of Probate of the last Will and Testament of William Christian late of Ballakey Bride but now deceased, who died at Ballakey aforesaid on or about the 7th day of January 1904 [Page 7] Do, when lawfully called on in that behalf, make or cause to be made a true and perfect inventory of all and singular the personal estate and effects of the said deceased, which have or shall come into His hands possession, or knowledge, or into the hands of any other person for Him 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 the hands or possession of the Executor, or into the hands of any other person or persons for him 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…Ramsey the first day } Daniel Christian of February 1904 } } Charles Kneale } The executing parties to the foregoing Bond } acknowledged the same to be their Act and } C. H. Kee Deed before me } S. Stevenson Moore [Note: A franked stamp dated 1 Feb 1904 appears here.] [Page 8] Whereas in and by the Last Will and Testament dated the 25th day of August 1900 of William Christian late of Ballakey in the parish of Bride in the Isle of Man Farmer who died on the 7th day of January 1904 and which will was proved at a Court holden at Ramsey on the 1st day of February 1904 and Probate thereof granted to his son Daniel Christian of Ballakey aforesaid the Executor named in the said Will the said William Christian (inter alia) bequeathed to his son Thomas Alfred Christian then of California the sum of One hundred pounds as Legacy and the Testator declared in such Will that the said Legacy should be a charge upon his (the testator’s) real estates stock, crop, and farming implements which real estate stock crop and farming implements the said Testator gave and devised to his said son Daniel Christian by his said Will and the said Testator William Christian by his said will further bequeathed the whole of the residue of his personal estate after payment of his just debts funeral and testamentary expenses to his sons Thomas Alfred Christian aforesaid, Arthur Christian and his daughter Margaret Ann Christian equally between them share and share alike by which last mentioned bequest the said Thomas Alfred Christian became entitled to the one third part or share of such residue of the Testator’s personal estate namely to thirty six pounds thirteen shillings. And Whereas the total amount of both the said Legacies bequeathed by the said William Christian to his son the said Thomas Alfred Christian including all interest due thereon amounted to the sum of [A franked stamp dated 22 Jul 1914 appears here.] [Page 9] One hundred and thirty eight pounds nineteen shillings and eightpence sometime during the month of August in the year One thousand nine hundred and five and which said sum was paid to the said Thomas Alfred Christian by the said Daniel Christian in the month of July and August 1905 the same having been paid by the said Daniel Christian into the Banking Account of the said Thomas Alfred Christian at Parrs Bank Limited, Ramsey, Isle of Man at the request of the said Thomas Alfred Christian And the said Daniel Christian hath called upon his brother the said Thomas Alfred Christian for a Receipt and Release therefore which the said Thomas Alfred Christian hath agreed to give. Now therefore Know All Men by these Presents that the said Thomas Alfred Christian of Scotia, Humboldt County, California in the United States of America Doth hereby own and acknowledge to have received from his brother the said Daniel Christian of Ballakey in the said parish of Bride, the executor of the will of the said William Christian, the full sum of One hundred and thirty eight pounds nineteen shillings and eightpence the same being the total amount due to him the said Thomas Alfred Christian in respect of the said legacy of One hundred pounds and of the said share of the residue of the personal Estate of the said William Christian both of which said legacies were bequeathed to the said Thomas Alfred Christian in and by the said will of his father the said William Christian as herein before recited [Page 10] And the said Thomas Alfred Christian doth hereby Release and Discharge his brother the said Daniel Christian as such executor of the will of the said William Christian, and his heirs executors and administrators and the Real and personal Estate of the said William Christian from all further claims and demands for and in respect of the said two legacies bequeathed to the said Thomas Alfred Christian in and by the said will. In Witness whereof the said Thomas Alfred Christian hath hereunto subscribed his name this 31st day of August One thousand nine hundred and ten. Signed and delivered in presence of SWThompson Thomas Alfred Christian. Scotia Cal William Cooper Scotia Cal Sworn to and subscribed to before me a Notary Public in the County of Humboldt State of California this 31st day of August Nineteen Hundred and Ten. J. J. Cronin Notary Public My commission expires on April 30th 1913 [Page 11] Registered in the Registry of Deeds, Isle of Man this 16th day of January 1911 at 2.15 o’clock after noon No. 1904/12 Frank S. Johnson Rgs At the Registry office for Deeds 8th August 1911 Thomas Alfred Christian the executing party to the foregoing Deed (who has been identified to me by Thomas Hugh David Cooil of Peel Advocate) acknowledged the same to be his proper act and deed Frank J Johnson Reg of Deeds [Page 12] This is the Last Will and Testament of me William Christian of Ballakey in the parish of Bride farmer I leave and bequeath to my Son Thomas Alfred Christian now in California the sum of One hundred pounds as legacy- I leave and bequeath to my son Arthur Christian now in Manchester The sum of One hundred pounds as legacy – I leave and bequeath to my daughter Margaret Ann Christian the sum of Three hundred pounds and the whole of my Household Furniture and effects with the exception of my Eight day clock kitchen table back kitchen table and dresser my family Bible and Commentary all of which I leave and bequeath to my son Daniel – I give and devise to my eldest son Daniel Christian the whole of my Real Estate [Page 13] ****** of every description and [* indicates word(s) scrubbed out] wheresoever -------? together with my stock crop and farming implements of every description such real estate stock crop and effects however to be charged as with the payments by my said son Daniel of the said legacy of One hundred pounds to my said son Thomas Alfred the said legacy of One hundred pounds to my said son Arthur and the said legacy of three hundred pounds to my said daughter Margaret Ann - I leave and bequeath the whole of the residue of my personal estate after payment of my just debts funeral and testamentary expenses to m y said sons Thomas Alfred Christian Arthur Christian and my said daughter Margaret Ann Christian equally between them share and share alike – I ------? [Page 14] con-------? and appoint my said son Daniel Christian sole executor of this my will – I revoke all other wills by me at any time heretofore made- As witness my name this twenty fifth day of August one thousand nine hundred- Legacies by the Testator as } his last will in our presence } who in his presence at his } William Christian request and in presence } of each other hath hereunto } each -------------------------? } -------------------------------? } -------------------------? } Thos. M. J. Quilleash } [Page 15] In his Majesty’s High Court of Justice of the Isle of Man. Common Law Division, Testamentary Jurisdiction At a Court holden at Ramsey on the 1st day of February 1904 The Annexed paper writing Dated the 25th day of August 1900 having been proved to be the last Will and Testament of William Christian late of Ballakey in the parish of Bride Farmer deceased who died on the 7th day of January 1904 at Ballakey aforesaid. Daniel Christian of Ballakey aforesaid Farmer a son of the Testator the Executor therein named is sworn well and truly to fulfil and execute the same and to administer the Personal Estate of the said deceased according to Law S. Stevenson Moore A Judge of the said Court. [Page 16] Know All Men by these presents [Note: A Franked Stamp appears here] that John Quilleash of the Arbour Lezayre Road Ramsey doth hereby own and acknowledge to have received from Daniel Christian of Ballakey in the parish of Bride executor of or as representing the executor of the will of his father William Christian late of Ballakey in the parish of Bride aforesaid the sum of Three hundred pounds *300 [* indicates Pounds sign] whereof *3 three pounds in interest due up to this date and the sum of Three hundred pounds thereof is the principal amount of a legacy bequeathed to Margaret Ann Quilleash (nee Margaret Ann Christian late wife of the said John Quilleash but now deceased who died on or about the 21st day of January 1906 Intestate) by her father the said William Christian in and by his said last will and Testament bearing date the 25th day of August 1900 and which said will was proved at a Court held at Ramsey on the 1st day of Feb 1904 wherefore the said John Quilleash doth hereby release and discharge the said Daniel Christian and his heirs executors and administrators and the Estate [Page 17] of the said William Christian from all further claims and demands for and in respect of the said legacy. In Witness whereof the said John Quilleash hath hereunto subscribed his name this seventh day of April One thousand nine hundred and nine Signed and delivered } John Joughin Quilleash In presence of } A Robinson Registered in the Registry of Deeds, Isle of Man this 7th day of April 1909 at 3.30 o’clock afternoon No. 1904 . 12 Frank J Johnson Registrar (Franked Stamp) Scotia Humboldt Co. California I the undersigned hereby ac- knowledge the amount of £ 138.19.8 being paid to my account in July & August 1905 in Parrs Bank Ramsey Isle of Man by my Brother Daniel the said amount being bequeathed to me in my fathers will. Signed Thos. A Christian
Last updated 24 April 2014