| William Goldsmith, 1853 |
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| Submitted by: | Shirley C Hogensen |
| Date: | 31 March 2003 |
| Original: | LDS: 0106453 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
Bride 1853 110 In the name of God Amen. I William Goldsmith of the parish of Bride being weak in body but of a sound mind memory judgement and understanding do make publish and declare this my last will and testament in the following manner. First I commend my soul to God and my body to a decent Christian burial. 2ndly I leave and bequeath to my brothers namely Ewan, John, and James Goldsmith the sum of two pounds each as legacy. I leave and bequeath to my brother Thomas Goldsmith my interest or right which is two thirds of a trashing mill now on or set in the estate of Ballabing as legacy. I leave and bequeath to my four sisters namely Catharine wife of Thomas Craine and Jane wife of John Joughin and Ann wife of John Skinner and Isabella wife of Thomas Looney the sum of three pounds each as legacy. 5th I leave and bequeath a legacy according to law to any person or persons attempting to provalidate or make void this my last will and testament. Lastly I leave and bequeath to my beloved wife Catharine Goldsmith the sum of twenty pounds British to be paid yearly unto her during her natural life time and beginning at my decease the same to be paid out of my personal property or estate and by and from the hands of the hereinafter mentioned trustees in order for her support maintenance or living and I also invest power and liberty in unto such trustees to give any additional sum they may deem necessary besides the twenty pounds before mentioned yearly if they shall judge it needful towards the support of my said wife during her life time. I also invest full in the said trustees namely my brother Thomas Goldsmith of the parish of Bride and Paul Taggart of the said parish their heirs or assigns to act according to the before and hereinafter mentioned manner where I constitute nominate and appoint to be whole and sole executors of this my last will and testament of all my monies, goods, chattels, and ----- and effects to pay of all my out standing debts to call in well my credits to sell off and account to the best advantage in my property and that it be better understood the remainder of whatever property or money that shall remain after my debts be paid the said trustees is to or shall put it into a rank or security to the best advantage and that after my wife's decease the remainder of my said money that shall be in the said or above mentioned trustees hands shall be passed over and paid to Margaret Skinner who now resides with us and if in case the said Margaret Skinner dies before my beloved wife than my wife shall be standing entitled to the said monies and shall dispose of them as she thinks proper also that my said trustees shall see that my wife shall be kept comfortable and lean during her life time in witness whereunto I subscribed my name or mark this the 9th day of August 1853. William Goldsmith his mark x Witnesses: Thomas Kneale John Joughin At a Chapter Court holden in Ramsey on the 28th day of October 1853. Thomas Kneale and John Joughin the subscribing witnesses to the foregoing paper writing purporting to be the will of William Goldsmith deceased having made oath on the Holy Evangelists that said William Goldmsith the testator when of sound and disposing mind memory and understanding duly signed and executed the same in their presence as and for his last will and testament. And previous to the executors being sworn personally appeared Catharine Goldsmith the testator's widow and declined to take under the foregoing will but claims her rights by law. Thomas Goldsmith and Paul Taggart the executors in said will named are therefore sworn well and truly to fulfil and execute the same according to law - to pay all just debts legacies and funeral expenses of said testator so far forth as the goods and effects rest missing. At an Eccl court held in Ramsey the 22d Dec 1854 Between Thomas Gawne and Margt his wife Pltffs and Paul Taggart and Thomas Goldsmith executors of Wm Goldsmith defts. Upon hearing this cause in presence of the parties and upon consideration thereof and of what was otherwise pleaded offered argued admitted and alleged by and on behalf of the parties I am of opinion the pltffs are entitled to recover from the defts the sum of three hundred and forty eight pounds nine shillings and four pence being their share or moiety of the estate of the said deceased in the hands of the said defts after payment of all demands against the same. Ordered therefore that the said defts do forthwith pay the said amount without costs. T. A. Corlett To the Sumner of Bride and all other whom this may concern. Examined by R. Brown DER Inventory Not typed. Received of Mr P Taggart and Mr Thos Goldsmith (as trustees of the estate the late William Goldsmith and Catherine Goldsmith) the sum of 301-8-8 1/2 three hundred and one pounds eight shillings and eight pence half penny as settlement in full of my share of the said estate. As witness my hand this twenty second day of November One thousand eight hundred and fifty four. Catherine Goldsmith her x mark Witnesses Presents Richard Pass Daniel Joughin Junior At Ramsey 29th March 1867. Daniel Joughin Junior one of the subscribing witness to the before written receipt (who is personally known to me) made oath on the Holy Evangelists that Catharine Goldsmith the executing party thereto duly signed and executed the same in presence of this deponent and Richard Pass the other subscribing witness. Before Me Fred Tellet Whereas William Goldsmith of Ballatraugh in the parish of Bride late deceased did by his last will and testament and bearing date the ninth day of August in the year of our Lord one thousand eight hundred and fifty three leave and bequeath to Margaret Skinner his niece who than resided with him the whole of his estate and effects to receive the same after the death of his wife Catharine Goldsmith to whom he bequeathed the sum of twenty pounds a year during her life or such additional sum as his executors Thomas Goldsmith and Paul Taggart of the said parish of Bride might deem requisite and in the event of the death of the said Margaret Skinner before the said Catherine Goldsmith then and in that case the whole of the estate of the said William Goldsmith was to become the absolute property of the said Catherine Goldsmith and to be at her own disposal and the said William Goldsmith having departed this life the said will was received and probate granted thereon at a Chapter Court holden at Ramsey on the twenty eight day of October 1853 last past but before the said will was received and the said executors sworn thereunder the said Catharine Goldsmith appeared personally in the said court and refused to take the foresaid bequests under the said will but elected to take in lieu thereof her lawful rights in the estate of the said William Goldsmith and whereas some short time ago a marriage was about to be had and solemnized between Thomas Gawne of the said parish of Bride and the said Margaret Skinner whereupon the said Catherine Goldsmith for the advancement in life of the said Margaret Skinner who still resides with her and also to settle all disputes touching the will of the said William Goldsmith and the other legacies thereby bequeathed agreed to make the following deed and agreement and the said marriage was thereupon solemnized accordingly and which the said Catherine Goldsmith is now desirous to carry into effect. These presents therefore witness that the said Thomas Gawne and Margaret Gawne otherwise Skinner his wife and the said Catherine Goldsmith have agreed and do hereby agree and bind themselves their executors and administrators respectively the either party to the other that the estate of the said William Goldsmith shall be settled and disposed of by the executors aforesaid Paul Taggart and Thomas Goldsmith in the following manner that is to say that the said executor Thomas Goldsmith shall have the sole whole two thirds being the deceadents whole right in the Thrashing Mill on the estate of Ballabur in terms of the said will and that the whole of the debts funeral expenses and the expenses of the administration of the said estate together with the whole of the pecuniary legacies bequeathed by the said William Goldsmith to his brothers and sisters shall be paid by the executors out of the gross amount of the said estate in the hands of the executors and that the receipts of the said legatees to the executors shall be effectual and binding upon the said Thomas Gawne and Margaret his wife and the said Catharine Goldsmith and their executors and administrators and that as soon as the estate of the said William Goldsmith shall have been executed and closed notwithstanding the conditionals of the said will the said Thomas Gawne and Margaret his wife shall receive from the executors one moiety of the clear net proceeds of the estate of the said William Goldsmith and the said Catherine Goldsmith shall receive from them the other moiety of the clear net proceeds of the said estate and that the respective receipts of the said Thomas Gawne and Margaret his wife and of the said Catherine Goldsmith and their executors and administrators respectively to the said Paul Taggart and Thos Goldsmith shall be good and binding upon the said Thomas Gawne and Margaret his wife and the said Catherine Goldsmith and their executors administrators assigns respectively and all persons under them - and for the true and faithful performance thereof the said Thomas Gawne and Margaret his wife and the said Catherine Goldsmith bind and oblige themselves their executors administrators and assigns the one party to the other respectively in and under the penalty and forfeiture of one thousand five hundred pounds sterling to be levied and paid according to law. In witness whereof the said Thomas Gawne Margaret Gawne his wife and Catherine Goldsmith have hereunto subscribed their names this 7th day of October in the year of our Lord one thousand eight hundred and fifty four. Thomas Gawne Margaret Gawne Catherine Goldmsith her x mark Signed and delivered in presence of Thomas Kneale Robert Allen At Ramsey 5th March 1855. Thomas Kneale and Robert Allen the subscribing witnesses to the before written deed of agreement who are personally known to me made oath on the Holy Evangelists that Thomas Gawne, Margaret Gawne, ad Catherine Goldsmith the executing parties thereto duly signed and executed the same in the presence of these deponents. Before me Fred Tellet. Inventory not typed