| Alice Cain, 1826
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| Submitted by: | Shirley C Hogensen
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| Date: | 2 July 2002
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| Original: | LDS: 0106426
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The humble petition of Edward Cain of the town of Douglas
Sheweth: That Alice Cain of the said town your petitioner's
mother some time ago departed this life having first duly made
and published her last will and testament, the same bearing date
the 28th Nov 1825 and thereof appointed your petitioner sole
executor.
That no objection is intended, to be made, to the probate thereof,
by any of the relatives or next of kin of the said deceadant.
Your petitioner thereof prays a hearing hereof and that your
worship will be pleased to admit your petitioner to prove the
said will and thereof appoint your petitioner executor in usual
form.
And your petitioner will pray. Edm Grohead for Petr
Ordered that this petition do come on to be heard at an Eccl
Court to be holden in Douglas on Friday next the 20th instant
whereof all proper parties to have due notice.
Given this 17th Jan 1826. Will Roper
Douglas 20 Jan 1826 This petition is continued to the 10th Feb
next. Will Roper.
At Douglas Jan 20 1826 Probate is granted hereon
W. Roper.
In the name of God Amen. I Alice Cain of the town of Douglas
widow being of sound mind and memory but laboring under
bodily sickness and calling to mind the uncertainty of human
life do make this my last will and testament in manner and form
following namely my soul I commend to Almighty God and
body to Christian burial at the discretion of the executor to this
my will.
I will and bequeath ten pounds British to my son John
Cain
I will and bequeath ten pounds British to my daughter Sarah
Cleghorn.
I will and bequeath the whole of my household furniture what
kind or nature soever to my daughters Ann, Isabella, and Jane
equally between them.
I will and bequeath the whole of my wearing apparel and
wedding ring to my daughter Ann.
I will and bequeath forty pounds British each to my daughters
Isabella and Jane the sums of money being the amount of two
promissory notes for forty pounds British each passed to me by
my dsaid daughter Ann as part of the consideration money for a
certain farms sold and conveyed to her on the twenty fifth day of
November instant as by Deed of Sale of that date may and will
more fully appear the said notes being endorsed by me payable
to the said Isabella and Jane on their arriving at the age of
twenty one years respectively.
I will and bequeath the whole of the share I have right and title
in and to the smack or vessel called the Anne of Douglas the
whole of the share I have right and title in and to a herring boat
or vessel called the Friend Industry the whole of my ready
money debts due unto me the good will of an unexpired leased
certain part or parts of land called Ballaquayle held on rent
under His grace the Duke of Atholl, the whole of the cattle and
farming stock on or belonging to said lands together with all
other property now herein mentioned and of which I may die
possessed to my executor herein after mentioned in trust for the
following purposes that is to say that after payments of all just
debts due by me and of the legacies herein bequeathed the
remainder of the property bequeathed to my executor in trust as
aforesaid to be equally divided share and share alike between
my son Edward and my three daughters Ann, Isabella, and Jane.
I will and bequeath five shillings British to each and every
person entitled to claim the same.
Lastly I nominate and appoint my son Edward my sole executor
of this my last will and testament hereby revoking and annulling
all wills by me heretofore made.
Witness my subscription this Twenty eighth day of November
one thousand eight hundred and twenty five 1825. Note the two
notes for forty pounds each mentioned in this will are place din
the hands of Mr James Kneale as a depository until the proper
time for producing the same.
Alice Cain her mark x
Signed and delivered and acknowledge by the testator Alice
Cain to be her will and testament in our presence.
Henry D. Laurence.
James Kneale
At Douglas 10th Feb 1826
Edward Cain the executor by the foregoing last will and
testament appointed having made application for probate
thereof. Therefore probate of the same is granted unto the said
Edward Cain he having been duly sworn well and truly to
execute the same - To pay all the debts funeral expences and
legacies so far as the goods will extend and the law bind him
and to return into the Episcopal Registry a full inventory of the
effects and an accurate account of all his transactons touching
said estate when thereto lawfully required. And to these ends
John Kewley and Thomas Callow have entered into a bond in
the sum of one hundred pounds British and said Edward Cain
hath made offer that the property will not exceed said sum.
Will Roper
Edward Cain made oath on the Holy Evangelists that the
personal property of Alice Cain deceased will not exceed in
value the sum of one hundred pounds British, to the best of the
deponent's knowledge, information, and belief.
Witness his name this 10th day of Feb 1826.
Edward Cain
Sworn before me, Will Roper.
Know all men, by present, that we, John Killip in the parish of
Braddan and Thomas Callow of Douglas in the parish of
Braddan are held and firmly bound to George Lord Bishop of
Sodor and Man, and his Successors, in the Sum of One hundred
pounds British; to the payment whereof well and truly to be
made, we bind Ourselves, our heirs, executor, adminisrators, and
assigns, jointly and severally, by these presents, to the said Lord
Bishop and his successors.
Witness our subscription this 10th day of Feb 1826.
Whereas the Eccl Court of this Island hath this day granted
probate of the will of Alice Cain deceased to Edward Cain and
now the condition of the above obligation is such, that if the said
Edward Cain shall well and truly administer the estate and
effects of the said Alice Cain decease; and shall in all things
relating thereto conform to the Law of this Isle, the orders of the
Eccl Courts thereof, and the oath which he hath this day take,
then the foregoing obligation to be void, otherway to be and
remain in full force and virtue in law.
John Kelly - Thomas Callow
Signed in presence of John C. Stephen