William Cain, 1861

36        Malew 1861
The humble petition of Elizabeth Cain and Jane Cain
Sheweth:  That your petitioners father William Cain late of Castletown
Publican departed this life on the last day of March 1861 having first
duly made and published his last will and testament in writing hereof he
appointed your petitioners joint executrixes.
That the only next of kin of the said William Cain deceased are William
Cain of Castletown aforesaid grocer, Ann Boyd otherwise Cain wife of Robert
Boyd of the said town , Baker, and your petitioners.
Wherefore your petitioners humbly pray a hearing hereof and that
probate to the said will may be granted to them and they will pray.
H. C. Gill for petrs
Upon hearing this petition at an Eccl court held in Castletown the 12th
April 1861 this petition in presence of the parties or their advocates
and upon examination of James Kewley one of the subscribing witnesses
to the will of William Cain deceased I am of opinion that the due
execution of the said will has been proved and therefore that probate
thereof should be granted as prayed for and the same is  ordered and decreed
accordingly.   T. A. Corlett
I William Cain of Mill Street in Castletown Publican being of sound
disposing mind memory and understanding do make my last will and testament
in manner following.
I leave devise and bequeath to my daughter Elizabeth and Jane all my
right title and interest in the dwelling houses garden and premises
wherein I at present reside situated in Mill Street aforesaid adjoining
the Pole Rope in the south east and my other dwelling house on the North
West to have and to Hold unto them and their heirs and assigns forever with
all easements hereditament and appurtenances to the same
belonging.
I leave devise and bequeath to my son William Cain (upon the express
conditions hereafter mentioned) my right title and interest in and unto a
certain meadow part of the  quarterland of Ballavarish being my
undivided moiety thereof he being entitled to the other undivided half or
moiety thereof under the will of his mother Elizabeth Cain deceased.  I
also leave devise and bequeath unto him the whole of my other lands in
the said parish of German part of the quarterland of Ballavarish
aforesaid To Have and To Hold unto him and his heirs and assigns forever
with all ways waters watercourses easements hereditaments and appurtenances
to same belonging or appertaining but upon this express condition and not
otherwise shall he be entitled to the same under this
my will in as my heirs at law that is to say that the said William Cain or
his heirs or assigns before he and they shall be entitled to possess the
said meadow and other lands --------- shall by a good and valid receipt
deed or otherwise cancel assign quit claim and give up to my daughters
Elizabeth Cain and Jane Cain and make over to them for their own
exclusive use all the right under his said motheršs will to the household
goods and effects moneys and personal estate of every kind and description
moneys and effects that he or his heirs executors administrators and assigns
has on could to anywise be entitled to under the said will to have and to
hold unto them equally between them their executors and administrators in
his full and simple a manner as he could have been entitled to the same
under his said motheršs will and also upon possession the said meadow and
other lands to pay to this said sisters Elizabeth and Jane the sum of one
hundred pounds sterling but in case the said William Cain or his heirs or
assigns shall refuse to give up such
right under the will  of his said mother Elizabeth Cain to her personal
estate as aforesaid and to pay the said one hundred pounds to the said
Elizabeth and Jane Cain then and in that case I do hereby direct that the
said William Cain shall pay to the said Elizabeth Cain and Jane Cain a
further sum of two hundred pounds upon his so possessing the said Meadow and
other lands and which sum of three hundred pounds I do hereby declare shall
be a good lien charge and encumbrance upon the said meadow and other lands
until paid and  satisfied to the said Elizabeth
Cain and Jane Cain  or their executors or administrators.
I leave devise and bequeath to my daughters Ann wife of Robert Boyd the
baker the dwelling house garden and premises at the north west side of the
house and premises wherein I reside as aforesaid purchased from Richard
Qualtrough Coroner of Rushen Sheading to have and to hold unto her and her
heirs and assigns forever with all easements and hereditaments and
appurtenances to the same belonging or appertaining but upon the express
conditions following  and not otherwise (the said house and premises to be
for her own exclusive use and benefit free from the control and liabilities
of her present husband or of any other husband she may have) that is to say
that she and her husband the said Robert Boyd shall before she can possess
the said house and premises by a good and sufficient deed receipt or
otherwise sell or quit claim to and in
favor of the said Elizabeth Cain and Jane Cain all the right and title that
the said Ann Boyd otherwise Cain has to the houses and premises
wherein I at present reside now.
The will of her mother the said Elizabeth Cain being the one undivided
quarter thereof to have and to hold unto them and their heirs and assigns
forever in as full and simple a manner as the said Robert Boyd and Ann
his said wife could have held or been entitled to the same and also
cancel the said will as to the moneys and goods that they may be
entitled to there under or quit claim and give up the same and all their
right and title under the said will to the personal estate of the said
Elizabeth Cain deceased to and in favor of the said Elizabeth and Jane
Cain.  And in case the said Robert Boyd and Ann Boyd shall refuse to take
the said house upon the terms aforesaid and give up all claim under the
will of the said Elizabeth Cain in heir thereof then and in that case I do
hereby direct that there shall be paid by the said Ann Boyd or by her
husband for her before possessing the said house and premises to the
said Elizabeth Cain and Jane Cain the sum of eight pounds sterling of
which said sum I do hereby make a good charge lien and encumbrance
upon the said house and premises until paid and satisfied to my said
daughters Elizabeth Cain and Jane Cain as aforesaid.  It being my express
wish and desire and my will that the said William Cain and Robert and
Ann Boyd shall give up to my said  daughters Elizabeth Cain all claim
which they in anywise have to the  estates real and personal of the said
Elizabeth Cain deceased (save and except as to the said half of the said
meadow which the said William Cain is to return in time of the beasts
aforesaid I leave sell the rest of my property goods and effects of every
description moveable and immoveable to my said daughters Elizabeth
Cain and Jane Cain and do hereby appoint them joint executrixes of this
my last will and testament according to law hereby revoking all wills by
me heretofore made and declaring this only to be my last will and testament.
In witness whereof I have hereunto subscribed my name this sixteenth day of
March one thousand eight hundred and sixty one.
William Caine my X mark
Witnesses:
William Lewin
James Kewley.
12 Apr 1861 - Elizabeth and Jane Cain sworn executrixes with pledges James
Kewley and William Cain.