| Alexander Bonneyman, 1825
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| Submitted by: | Shirley C Hogensen
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| Date: | 27 June 2002
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| Original: | LDS: 0106425
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The humble petition of Jane Bonnyman widow of Alexander Bonneyman late of
Port E Chee deceased.
Sheweth: That the said Alexander Bonnyman lately departed this life leaving
your petitioner and ten children him surviving.
That your petitioner and the said Alexander Bonnyman did deed by them duly
executed and dated the 10th day of May 1814 grant bargain sell and make over
to Thomas Gawne Esq and the late William Scott and singular their property
real and personal of every denomination and description to have and to hold
unto the said Thomas Gawn and William Scott for the uses trusts interest and
purposes therein mentioned.
That Mr William Chambers and Mr William Radcliffe were afterward appointed
trustees in the place of the said Thomas Gawne and William Scott.
That the said trust deed has the effect of a will as to the disposal of the
said Alexander Bonnyman's property.
Wherefore your petr prays a hearing hereof and that the said trust deed be
received as the will for the said Alexander Bonnyman and that Adminstration
with such will annexed be granted to the said William Chambers and William
Radcliffe or one of them or to some other proper person or person and your
petr will pray.
James Quirk for the petr
Ordered that this petition do come on to be heard at a Special Court to be
holden at Douglas at ll oıclock on Thursday next whereof all proper parties
and persons to have notice.
Given this 12 March 1825. Will Roper.
This Indenture made the tenth day of May in the year of our Lord 1814 by and
between Alexander Bonnyman and Jane Bonnyman otherwise Radcliffe his wife of
the first part and William Scott and Thos Gawne Esqrs of the second part.
Whereas the said Alexander Bonnyman did by marriage Settlement ordered
entered into between the said Alexander Bonnyman and the said Jane then
Radcliffe previous to their intermarriage grant and settle to and upon the
five children of the said Alexander Bonnyman by a former marriage this sum
of one thousand pounds to be possessed by them in manner in the said Deed
particularly mentioned by a clause on which deed it is specificially
reserved and a power given to the said Alexander Bonnyman at any time to
alter, vary, vacate, and totally set aside the same as by the said deed
bearing date the 19th March 1907 may appear and whereas the said Alexander
Bonnyman for diverse good causes is desirous to vacate the said Deed or
Marriage Articles and the said Jane having consented thereto Alexander
Bonnyman doth in virtue of the said clause hereby vacate ----- void and
annul the said deed of the said 19th March 1807 to all interests and
purposes and doth make the following Settlement of his affairs. Now this
indenture witnesseth that the said Alexander Bonnyman and Jane his wife for
and in consideration of the several trusts covenants and conditions herein
after mentioned to be made done and performed by the said William Scott and
Thos Gawne and in consideration of the sum of five shillings to them in hand
paid by the said William Scott and Thos Gawne have given granted alienated
transferred and sold and by these presents do give grant allienate transfer
an sell all and singural those lands and grass as purchased from Thomas
Crellin and wife by deed dated the 20th Feb 1813 with all houses edificies
and buildings thereon erected together with all other the said Alexander
Bonnyman and Jane Bonnyman's propery real and personal purchased land
mortgages bonds notes goods chattels, and effects of every description which
they now have or hereafter may have and be possessed of or any wise
entitled unto at the time of the death of the said Alexander Bonnyman to
have and to hold unto them the said William Scott and Thoms Gawne and the
survivor of them and the heirs and executors of such survivor in trust
nevertheless and under the special trust and confidence that they the said
William Scott and Thos Gawne and the survivor of them and the heirs
administrators executors of such survivor shall and will suffer and permit
the said Alexander Bonnyman and Jane his wife to hold possess occupy and
enjoy the said lands goods and effects for and during the natural life of
the said Alexr Bonnyman and Jane his said wife and the survivor of them
without impeachment of waste and the issues and profits thereof severally to
his or her use without control unless in case of the said Jane's surviving
the said Alexander Bonnyman then she to be subject to the maintenances of
the children as hereinafater mentioned but in case of her intermarriage
again out of the name of the said Bonnyman then and in that case In trust
that they the said William Scott and Thomas Gawne and the survivor of them
deceased the heirs and exors of such survivor on and immediately after such
intermarriage shall and will sell and dispose of to the best benefit and
advantage all and singular the said estate land and premises goods chattels
and effects of every description and divide the proceeds thereof to and
amongst the said Jane notwithstanding such her intermarriage and all the
children of the said Alexander Bonnyman as well by the said Jane as by the
said former marriage share and share alike equally and proportionally
including therein the sum of fifty pounds left by the will of the said
Alexander Bonnyman's first wife to her said children provided that if any of
the said children shall have sued for or received the said legacy of fifty
pounds that such child or children shall from the receipt of the said legacy
be barred from any claim for maintenance during the life of the said Jane
and at the genwral distribution the said legacy to be deducted out of his
her or their respective shares it being the intention of the said Alexander
Bonnyman that all his children should have an equal share of his property
and that one should not have propitatory and in case of the death of any of
the said children leaving lawful issue such issue to have such childıs
share or proportion equally divided between them and in further trust that
they the said William Scott and Thos Gawne and the survivor of them and the
heirs and executors of such survivor shall and will in case of the said
Jane survivng the said Alexander Bonnyman and continuing in his name as his
widow as aforesaid suffer and permit her to hold possess and enjoy the said
lands and premises goods chattels and effects and the issues and profits
thereof without impeachment of waste subject nevertheless to the maintenance
and support of the said several children of the said Alexander Bonnyman as
will by the said Jane as by the said former marriage as aforesaid or as
many of them as are unsettled unprovided for or unable to maintain
themselves at the direction and control of the guardians and supervisors
herein after named William Scott and Thos Gawne and the survivor of them and
the heirs and excutors of such survivor shall and will sell and dispose of
all and singular the lands and premises goods chattels and effects to the
best advantage and divide the proceeds thereof to and amongst the several
children of the said Alexander Bonnyman or in case any of them may not have
attained the age of twenty one years to be laid out and secured for the use
of such child at the discretion of the said guardians until the said child
attains the age aforesaid share and share alike in manner herein before
mentioned and in case any child be dead leaving lawful issue such issue to
have such childıs share equally divided between them and on the sale
division or distribution of the proceeds thereof and a final settlement of
the accounts relative thereto this trust to cease and finally determine and
the said Alexander Bonnyman doth hereby nominate constitute and appoint the
Rev John Nelson and Capt Robert Allen to be guardians and supervisors of
his said children Provided always and it is the true interest and meanings
of these presents and the parties hereto that it shall and may be lawful for
the said Alexander Bonnyman at any time hereafter at his pleasure to alter
vary impart vacate or set aside vacate and render void these presents and
the trust herein and hereby create to all interest and purposes so far as
he is concerned therein any contained to the contrary hereof
and the said William Scott and Thomas Gawne do hereby agree to accept of the
said trust and do hereby bind and oblige themselves their heirs and
executors unto his the said Alexander Bonnyman and Jane his wife to fulfil
and execute the several trusts in them reposed and hereinafter created.
And the said Alexander Bonnyman and Jane his wife do hereby covenant to be
veted with full power to grant and convey the said lands and premises goods
chattels and effects in trust in manner and form herein and hereby granted
and conveyed and do bind and oblige themselves and their heirs and assigns
to uphold -------- and defend the said William Scott and Thos Gawne and the
survivor of them and their heirs and exors of such survivor in the just and
peaceable possession of the same according to the true interest and and
meanings hereof Hereby revoking rendering void and of no effect all wills or
instruments testamentary by us heretofore made and for the true and faithful
herefore manner hereof the said parties do bind and oblige themselves their
heirs executors administrators and assigns in and under the penalty and
forefiture of two thousand pounds British to be levied and paid according to
law.
In testimony whereof the said parties have hereunto subscribed their names
the day month and year first above written.
Alexander Bonnyman
Jane Bonnyman
Signed sealed delivered in present of Wm Chambers and Henry Corlett
10 May 1814
Alexander Bonnyman and Jane Bonnyman the executing parties to the
forewritten Indenture acknowledged the same to be their proper act and deed.
Before Me. Thomas Gawne
Wm Scott Esqr one of the trustees withinbefore named having departed this
life and William Chambers of Douglas having agreed to accept the trust
reposed in the said William Scott in and by the foregoing deed Alexander
Bonnyman and Jane his wife do therefore nominate and appoint him the said
William Chambers and his heirs trustee and trustees in the room and stead of
the said William Scott.
Witness their subscriptions this eight day of January in the year of our
Lord 1820.
Alexander Bonnyman
Jane Bonnyman
Signed and delivered in presence of Fred LaMothe Gelling
Charles Geniste
8 Jan 1820 Alexr Bonnyman and Jane his wife acknowledged the aforegoing
instrument to be their act and deed before me J.V. Hutchin
We Alexandr Bonnyman and Jane Bonnyman the parties to the foregoing deed of
trust being desirous to revoke and render void the trust reposed in Thomas
Gawne Esquire one of the trustees named in the said deed and to nominate and
appoint William Radcliffe of BallaRadcliffe as a trustee under the said deed
in the place and stead of the said Thomas Gawne and the said William
Radcliff having agreed to accept the trust reposed in the said Thomas Gawne.
These present therefor witness that we the said Alexander Bonnyman and Jane
Bonnyman do hereby nominate and appoint him the said William Radcliffe and
his heirs trustee and trustees under the deed in the place and stead of the
said Thomas Gawne
As witness their subscriptions 10th day of January 1824. Jane Bonnyman
Wm Radcliffe
Alexander Bonnyman.
10 Jan 1824 Douglas Alexander Bonnyman Jane Bonyman and William Radcliffe
the executing parties to the foregoing instrument acknowledged the same to
be their proper act and deed before me J. Quirk.
At a Special Eccl Court holden at Douglas March 17th 1825. Alexander
Bonnyman of Braddan having departed this life and this court having received
intelligence thereof and upon application being made by Jane Bonnyman for
administration to the estate of the said deceadent administration is
accordingly granted to William Radcliffe he having been duly sworn to well
and truly execute the annexed Deed and administer the goods and effects of
the said deceadent to pay all his debts and funeral expenses so far as his
goods will extend and the law bind him. To return a full and perfect
inventory of all the deceadents goods and effects and render a true and full
account of all his transactions touching the said estate into the
Ecclesiastical Registry of this diocese when thereto lawfully required and
to these ends he has entered into bonds jointly and severally with John
Nelson and Robert Allen in the sum of eight hundred pounds British and has
made affidavit that the deceadents effects did not exceed said sum and the
within name William Chambers having declined to take upon himself the
burden of the trusts by the foregoing deed repose in him therefore
administration is granted solely and exclusively to the before named William
Radcliffe.
Decretum est Will Roper,