Richard Gelder, 1839

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36        Maughold & Liverpool
The humble petition of Mrs Mary Gelder of the parish of Maughold.
Sheweth:  That Richard Gelder late of Crow Ville in the parish of
Maughold your petitioners husband departed this life in the month of
March last having previously published his last will and testament in
writing whereof he appoint Messrs Edward Christian of Maughold and Archibald
Clarke of Douglas Executors in trust.
That your petitioner is desirous to have the said will proved and the
executors sworn.
wherefore your petitioner prays  a hearing of this petition and that the
will of the said Richard Gelder may be received into court in usual form and
your petitioner will pray.
Ordered that this petition do come on to be heard at a court to be holden at
Ramsey on Wednesday this day whereof all proper parties to have notice.
Given this 17th day of April 1839.  T. A. Corlett.
This is the last will and testament of me Richard Gelder late of
Liverpool in the County of Lancaster but now of Kirk Maughold in the Isle
of Man, stone merchant, made and published this Thirtieth day of May in the
year of our Lord one thousand eight hundred and thirty seven in manner
following (that is to say) First I direct that all my just debts and funeral
and testamentary expenses and the charges of proving this my
will shall be paid and discharged as soon as conveniently may be after
my decease.
I give devise and bequeath all and every my messuages lands tenements
hereditaments and real and leasehold estate whatsoever and
wheresoever whether in possession reversion remainder or expectance
or of which I have power to dispose or appoint by this my will and also
all my goods rights monies and other my personal estate and effect
whatsoever and of what nature or kind soever unto my friend John Pritchard
of Liverpool aforesaid Timer Merchant and my brother John Gelder of Barnsley
in the County of York, Flour Dealer, their heirs executors administrators
and assigns To hold the same and every part
and  parcel thereof respectively according to the tenure ------ and
quality of such estates and effects respectively and my right and
interest in and power over the same respectively unto the said John
Pritchard and John Gelder their heirs executors administrators and
assigns forever upon trust, as to my household goods and furniture plate
linen and china that they my said trustees and the survivor of them or
the trustees or trustee for the time being acting in the trusts of this my
will do and shall take an inventory and make a valuation  thereof and
permit my dear wife Mary Anne to use the same during her life if she
shall so long continue my widow for the benefit of herself and my family but
if she should marry again then I bequeath to her one half part of my said
household goods and furniture plate linen and china absolutely such half
part to be set out by my said trustees or trustee  and I direct that my said
trustees or trustee shall sell and dispose of the other half part thereof
and convert the same into money and invest and apply the money thence
arising and the interest thereof in the manner herein after expressed
concerning the monies to arise from the sale of my real and
the residue of my personal estate and the interest.   And upon the decease
of my said wife without marrying again upon trust to sell and dispose of the
whole of my said household goods and furniture plate
linen and china and  convert the same into money and invest and apply
the money thence arising and the  interest thereof in the manner last
aforesaid.
And as to my said real and the residue of my said personal estate upon trust
that they the said John Pritchard and John Gelder and he survivor
of them his heirs executors and administrators or the trustees or
trustee for the time being of this my will do and shall as soon as
conveniently may be after my decease convert the residue of my personal
estate into money and make sale and absolutely dispose of my said real
estate either altogether or in parcels by Public Auction or private
contract for such price or prices as to them or him my said trustees or
trustee shall seem reasonable And for proofing and facilitating such sale or
sales and carrying the trusts of this my will into complete execution
I do hereby authorize and empower my said trustees and the survivor of them
and the trustees or trustee for the time being of this my will to enter into
and execute all such contracts agreements conveyances assignments assurances
acts matters and things as to them or him shall seem proper or necessary.
And I do hereby declare my will and mind to
be that my said trustees and the survivor of them or the trustees or trustee
for the time being of this my will do and shall stand and be possessed of
and interested in all the monies to arise form such sale or sales as
aforesaid and to be produced by my personal estate and all other monies
which I shall be possessed of or which shall be due or owing to
me at the time of my decease as the same shall from time to time be received
and got in, upon  trust after payment and satisfaction of the expences
attending such sale or sales and of all my just debts funeral
and testamentary expences to lay out and invest the same or such part or
parts thereof as they shall from time to time think proper, in their or
his names or name on mortgage of real or leasehold estate, in the public
stocks or funds or other government securities or on the bonds of the
Liverpool Corporation or Dock Trustees and from time to time at their or his
discretion to call in sell transpose and dispose of the stocks funds
and securities in or upon which the said trust monies shall from time to
time be invested and again to invest or lay out the same or such part or
parts thereof as they shall think proper in other similar stocks funds or
securities.  And I do hereby declare and direct that my said Trustees and
the survivor of them or the trustees or trustee of at time being of this my
will shall stand and be possessed of and interested in all the said
trust monies and the stocks funds and securities in or upon which  the same
or any part thereof shall be placed out or invested upon the several trusts
and to and for the several ends intents and purposes and with under and
subject to the several powers provisoes and declarations hereinafter
expressed and declared concerning the same that is to say upon trust to pay
the dividends interest and annual proceeds thereof as the same shall from
time to  time be received and also so much if any of the stock or principal
monies as they shall from time to time deem necessary unto my said wife Mary
Anne  until my youngest child for the time being shall attain the age of
twenty one years if she my said wife shall so long continue my widow without
marrying again for the maintenance and support of herself and the
maintenance and education of my children during their respective minorities
and so and in such manner that she may not be able to dispose of or charge
the same by way of anticipation and I declare that her receipt alone during
her widowhood
shall from time to time be an effectual discharge for the same provided
always nevertheless.  And I do hereby declare and direct that if my said
wife shall depart this life or marry again before my said youngest child
for the time being shall attain the age of twenty one years then the said
dividends interest and annual proceeds together with so much of the
stock or principal monies (if any) as shall from time to time be deemed
necessary for that purpose shall be paid and applied by my said trustees or
trustee in and for or towards the maintenance education and support
of my children now born and hereafter to be born until the youngest of them
for the time being shall attain the age of twenty one years as aforesaid and
upon such my youngest child's attaining the age of twenty one years upon
trust to pay transfer and assigns all the then remaining trust monies and
the stocks funds and securities in or upon which the same or any part
thereof shall then be placed out or invested and the interest dividends and
produce thereof unto my said wife (if she shall be then living and shall not
be married again) and all  and every my children and child now born and
thereafter to be born in equal shares as tenants
in common and to their respective executors administrators and assigns or if
there shall be but one such child and my said wife shall be then
dead or shall have married again then the whole to be in trust for and to
be paid and transferred to such only child and his or her executors
administrators and assigns provided always and I do hereby direct that
in case any of my said children shall happen to die, to be born, until the
youngest of them for the time being shall attain the age of twenty one years
as aforesaid and upon such my youngest child's attaining the age of twenty
one years upon trust to pay transfer and assign all the then remaining trust
monies and the stocks funds and securities in or upon which the same or and
part thereof shall then be placed out or invested and the  interest
dividends and produce thereof unto my said wife (if she shall be then living
and shall  not be married again) and all  and every my children and child
now born and hereafter to be born in equal shares as tenants in common and
to their respective executors administrators and assigns of if there shall
be but one such child and my said wife shall be then dead or shall have
married again, then the whole to  be in trust for and to be paid and
transferred to such only child and his or her executors administrators and
assigns provided always and I do hereby direct that
in case any of my said children shall happen to die before my youngest child
for the time being shall attain the age of twenty one years, leaving lawful
issue, him her or them surviving then it is my will and I do here by direct
that the share or shares of such of my said children as
shall so die leaving issue as aforesaid shall go to and be equally divided
between and amongst such issue respectively as tenants in common but
in case any of my said children  shall happen to die as before mentioned
without leaving lawful issue respectively then  it is my will and I do
hereby direct that the share or shares of such of them as shall so die
without leaving lawful issue shall go to the survivors or survivor of my
children with the benefit of further accrues in case of the death without
issue as aforesaid of any surviving child or children before his her or
their share or shares shall become vested provided always and I do
hereby will and  declare that it shall be lawful for my said trustees and
the survivor of them and the trustees  or trustee for the time being of this
my will with the consent of my said wife during her life or
widowhood and after her decease or marriage again at their or his own
discretion at any time or times before the shares of the said trust
monies shall become payable to my said children under the trusts aforesaid
to pay and apply any part or parts of the presumptive or expectant share of
each child not exceeding fifty pounds for the purpose of placing him or her
out as a clerk or apprentice or otherwise to or in
any trade or business or to here wise for his or her respective advancement
or prefirment in the world provided also and I do hereby
will and direct that in case any sum or sums of money due on mortgage
or other security of any part or parts of my real or leasehold  estate
shall be called in or required to be paid off  before the same  premises
shall be sold under the trusts hereinbefore contained it shall be lawful
for the trustees or trustee for the time being acting in the trusts of this
my will to borrow and take up at interest any other sum or sums of equal or
greater or less amount (as the case may require) and to execute a good and
sufficient mortgage or conveyance in trust to sell or good and sufficient
mortgages or conveyances in trust to sell to the person or persons so
advancing such sum or sums of money of the hereditaments and premises
comprised in such mortgage or security intended to be transferred or paid
off provided always and I do hereby declare that on
all occasions and for all purposes the receipt and receipts of my said
trustees or the survivor  of them or the trustees or trustee for the time
being of this my will for any purchase money mortgage money or other money
payable to them or him or which they or he shall receive under or
by virtue of this my will shall be an effectual discharge and effectural
discharges to the purchaser or purchasers mortgage or mortgages or to her
person or persons paying the same and shall wholly absolve and exonerate him
her and them form any concern as to the application of monies respectively
and from all responsibility as to  the non
application or mis-application thereof  and that no person purchasing or
advancing money on mortgage of my real or leasehold estate shall be bound or
obliged to ascertain or enquire into the necessity propriety or expediency
of any such sale or mortgage provided always and I do  hereby declare that
in case the trustees hereby appointed or either of them or any trustees or
trustee to be appointed as hereinafter mentioned shall happen to die or
refuse or become incapable to act in the execution of
the trusts of this my will it shall be lawful for the  acting trustee or
trustees of this my will or the executors or administrators of the last
acting trustee by any deed or deeds under their his or her hands and seals
or hand and seal to appoint a new trustee or trustees in the place of such
trustee or trustees so dying refusing or becoming incapable to act as
aforesaid and thereupon the said hereditaments trust estate monies
securities and premises respectively shall be conveyed assigned transferred
and assured so that the same may rest in such new trustee or trustees
jointly with the surviving or continuing trustee or trustees
or solely as the case may require and in his her or their heirs executors
administrators and assigns upon the trusts and for the intents and purposes
hereinbefore declared or expressed concerning  the same and that every such
new trustee either before or after such conveyance or transfer shall have
and may exercise the same powers and authorities as if he had been appointed
a trustee by this my will.  And that none of the trustees hereby appointed
or to be appointed as aforesaid shall be answerable for the other of them or
for the acts deeds or defaults of the other of them nor for involuntary
losses nor for money received under receipts in which they shall join only
for conformity.
And that the present and every future trustees and trustee shall and may
reimburse themselves and each other out of the said trust monies and
premises all costs and expenses to be incurred by them or him in the
execution of the trust aforesaid or any of them or anywise in relation
thereto.  And I appoint the said John Pritchard and John Gelder executors of
this my will and guardians of my children during their respective
minorities.  And I devise and bequeath all mortgaged and trust estate which
may be vested in me at the time of my decease unto the said John Pritchard
and John Gelder their heirs executors administrators and
assigns subject to that upon the equities and trusts in the same.   And I
declare that my said wife shall not be entitled to dower out of or in my
messuages lands tenements hereditaments or estate or any  part thereof. And
lastly I revoke all former wills and testament by me.  In witness whereof  I
the said testator Richard Gelder have to this my last will and testament
contained on six sheets of paper subscribed my name to the five preceding
sheets and to this sixth and last sheet subscribed my
name and affixed my seal the day and year first before  written.
Richard Gelder
Signed sealed published and declared by the said testator Richard Gelder
as and for his last will and testament in the presence of us who at his
request in his presence and in the presence of each other have hereunto
subscribed our names as witnesses, the word "Late" and the words "but now of
Kirk Maughold in the Isle of Man" severally interlined in the
second line of the first page being first interline.
Barnard Byron
Wm Roby
Thomas Reynolds   Clerks to Messrs Whitley and Rogerson solicitors
Liverpool.

I Richard Gelder of Crowe Ville in the parish of Maughold do make the
following as a codicil to the foregoing my last will and testament.
I leave unto my wife Mary Anne Gelder the whole of my household goods plate
linen and china and devise and bequeath unto her two shares of my property
in England by my will devised in trust to John Gelder and John Pritchard and
which two shares of my said property I direct the said
John Gelder and John Pritchard to pay unto her only youngest child attaining
the age of twenty one years.
I leave and bequeath the rest residue and remainder of  my property
within the Isle of  Man (unto Mr Edward Christian of Ballaterson and Mr
Archibald Clarke of Douglas to be by them disposed by public sale or private
treaty at such time or times and in such manner as they in their discretion
may deem proper and the proceeds appropriated  in the same manner by them as
I have directed the said John Gelder and John
Pritchard to  apply the property in England.
I nominate and appoint the said Edward Christian and  Archibald Clarke
executors in trust of my will as far as concerns my property within the Isle
of Man hereby revoking my said will so far as this codicil extends
only and confirming my said will in all other particulars.
In testimoney whereof I the said Richard Gelder have hereunto
subscribed my name this 18 day of February 1839     Richard Gelder Witnessed
by
F. B. Clucas
B. Harrison
May Clark