Philip Killey, 1859

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42       German
This is the last will and testament of me Philip Killey of Ballalig in the
parish of German made the Seventh day of December One thousand eight hundred
and fifty eight.
I nominate constitute and appoint John Gell of Kenna in the said parish of
German Esqr and John Moore of Ballalig also in the said parish, Dyer,
Trustees of my real and personal property and estate and executors of this
my will.
I leave devise and bequeath to my aide trustees and to the survivor of them
and to the heir of such survivor all and singular my real property
consisting of a dwelling house garden and premises situate at or near to
or forming part of the estate of Ballacraine in the parish of German and
a parcel of ground situate at or near to or forming part of the estate of
Ballaspur in the said parish of German together with the whole of my
personal estate and effects In trust never the less and to for and upon the
several uses intended and purposes hereinafter mentioned, that is to say,
as for and concerning my said real property in trust that my said trustees
and the survivor of them and the heir of such survivor shall and will permit
and suffer my wife Catharine should she survive me, to
stand possess or hold and enjoy the same and the rents issues and
profits there of for and during the term of her natural life without
impeachment of waste.  And upon her death - In further trust that they shall
and will by a sufficient deed grant and convey the said real
property to my son William Thomas Killey should he be then living.  To
hold to him and his heirs and assigns,  and should he not be then living,
then to grant and convey the same to my son Philip Killey and to his
heirs and assigns for ever. Provided  however that in the event of the
decease of both my said sons namely the said William Thomas Killey and
Philip Killey before becoming entitled to such grant and conveyance
without lawful issue them or either of them surviving then and in that
case upon the decease of my said wife in trust that my said trustees
shall and will use their discretion sell and dispose of the said real
property to the best advantage and pay over the amount realized therefrom in
equal shares to and amongst each of my other children hereinafter named as
may be then living
and as of and concerning my personal estate and effects In trust that my
said trustees shall and will permit and suffer my said wife Catharine
Killey should she survive me to remain possessed of the whole of the
Household Furniture at present in my dwelling house at Ballalig
aforesaid or such portion thereof as she may choose and desire to keep
to the end that she may hold, use,  and enjoy the same for the term of her
natural life without impeachment of waste.  And in further trust that
my said trustees shall and will as soon as conveniently may be after my
decease, sell and dispose of my stock, crop and effects  other than such
household furniture collect and get in the outstanding debts due to me,
and  convert my whole personal estate (with the aforementioned exceptions)
into cash and hold the same as and for a trust fund for the purposes
hereafter named, that is to say,
First to pay and discharge my just debts, funeral, testamentary and
other charges and expenses
Secondly to set apart from and out of the said trust fund the sum of two
hundred and fifty pounds for the sole and uncontrolled use and behalf of my
said wife Catharine Killey and either pay over the same to her at
once or in such sums or in such manner as she may require it.
Thirdly to invest the balance or remainder of the said trust fund either
in bank or bond, mortgage, promissory note or other security in such manner
and on such terms and conditions generally as my said trustees shall in
their discretion think fit.
And fourthly annually thereafter to pay over to or for the use of my said
wife for and during the term of her natural life the interest to arise and
accrue from and out of the said Trust Fund so invested and secured as
aforesaid.
And in further Trust that as my several children, Namely, Jane Killey,
Margaret Killey, Elizabeth Killey, Catharine Ann Killey, Isabella Alice
Killey, Eliza Killey, John James Killey, Philip Killey and William Thomas
Killey shall respectively attain an arrive at the age of twenty one years
that my said trustees shall and will from and out of the said Trust Fund pay
to him or her upon his or her so attaining and arriving at the said
age, the sum of fifty pounds, and the further sum of fifty pounds as he or
she shall severally attain the age of twenty six years.
And in further Trust that upon the death of my said wife my said
Trustees shall and will divide such balance or overplus as may then
remain of the said Trust Fund together with the proceeds of the
household furniture herein before mentioned regarding which my will is
that it may be then converted into cash equally to and amongst my said
several children or their personal representatives provided always and it
is hereby declared that the payment of the interest to arise upon the
said Trust Fund, to my said wife shall abate as each particular portion
shall be paid to my several children as herein afore directed.
And provided also that in case my said wife Catharine Killey should
happen to die before the whole of the several payments shall have been made
to my said Children that then the interest which would have been payable to
her shall be added to the general trust fund, and which upon
the arrival at the age of twenty six years by my youngest child shall be
equally divided to and amongst the whole of the children in manner
directed to be done upon the death of my said wife.
and provided always that my said Trustees and executors shall not be liable
answerable for any money property or effects that shall not actually come
into their hands, or which without willful default might
have come into their hands nor for the solvency of any Bank in which any
portion of the said Trust Fund shall or may be placed or for the
sufficiency of the security upon any portion of the said fund shall be
invested.
And that they shall have a right to charge and retain in their hands all
costs charges and expenses that may be incurred by them together with a fair
remuneration for their own trouble in and relating to the execution
of the trust herein before reposes in them.
In testimony whereof I have hereunto subscribed my name the day month and
year aforesaid.
Philip Killey
Signed and duly executed by the testator Philip Killey as and for his last
will and testament in our presence, who at his request in his presence
and in presence of each other have hereunto subscribed our names as
witnesses.  The interlineation of the words "of the decease" at the 12 lines
of this 3rd page and the words "together with the proceeds of the household
furniture here before mentioned regarding which my will is
that it may be then converted into cash" at the 7th line of the 8th page
being first made.
Evan Quirk - Peel
W Stevenson Moore LhergyMoor

At an Eccl Court held in Kirk Michael the 27th January 1859.
Evan Quirk and W. C. Stevenson Moore the subscribing witnesses to the
foregoing paper writing purporting to be the last will and testament of
Philip Killey the testator having made oath on the Holy Evangelists that
the Testator when of sound mind duly signed and executed the same as and for
his last will and testament in their presence John Gell and John Moore the
executors therein named are therefore sworn well and truly to fulfill and
execute the said will according to law to pay all just debts legacies and
funeral expenses of the said testator as far forth as his goods will extend
and the law bind them and to return a true and faithful inventory of the
same with an accurate account of their acts and proceedings in the premises
to the Archdeacons Registry when thereunto lawfully required and to these
ends they have given pledges namely
Cæsar Crellin and Evan Quirk who have entered into and executed the
usual bond in presence of the court.    Probatum est
                                                           T. A. Corlett.

Eliza Killey daughter received from the hands of John Moore the sum of fifty
pounds the amount of the first legacy. 16th January Eighteen hundred and
seventy nine.

Evan Price of main Street ------ Victoria Australia received from John Moore
surviving executor in trust the sum of 50 pounds the second legacy bequeath
to my wife Isabella Alice Price by her father Philip Killey.
16 Jan 1878.

Enos Lace  John Gell and John Moore trustees of the estate of Philip
Killey  Seed and Guano Merchant of Kirk German deceased the sum of 50 pounds
to his wife Jane Kelly Lace daughter of Phillip Killey 9 Nov 1860 Margaret
Killey 50 lbs  from John Gell and John Moore 9 November 1860. Also Margaret
Killey received 50lbs 2 May 1864.

John James Killey Kirk German received £50 11 July 1863

Catherine Ann Killey daughter £50 19 Nov 1864

Thomas Gawne, Calf of Man,  doth received 50 pounds legacy to his wife
Elizabeth Eleanor Gawne  25 Jan 1861.

William Thomas Killey son received £50 21 Aug 1868

Philip Killey son 50 pounds 14th Aug 1866

Thomas Gawne Castletown received 50 pounds  2 Jan 1866.

Enos Lace received one thousand four hundred and twenty one pounds six
shillings and nine pence in full payment of the the share of the trust
funds of his late wife Jane Lace  25 Dec 1880

Isabella Alice Killey received 50 pounds 12 May 1874.

William Thomas Killey son received 50 pounds 9 Aug 1873
.
Philip Killey received 50 pounds 10 Nov 1971