Thomas King, 1865

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65        Germand
Agreement made between Thomas King of the Town of Peel Grocer and 
Margaret King his wife this 1st day of April 1855.
The said Thomas King and Margaret King being mutually desirous to make
a declaration and settlement as to the nature of the interest which the said
Margaret King shall have in the property both real and personal of
the said Thomas King in the event of her happening to survive him have
resolved and agreed to settle and declare the same as follows.
1.  The property intended to be settled and disposed of hereby comprises all
and singular that dwelling house with small warehouse and premises apposite
situate in Castle Street in the town of Peel aforesaid now in
the occupation of the said Thomas King that garden or enclosure situate
adjoining the road  leading from Peel towards "Coopers Mill" also at
present in the occupation of the said Thomas King and that  plot of land
or building ground situate adjoining KK Patrick Street in Peel aforesaid
to which the said Thomas King is entitled by purchase from Thomas
Cannell and others or so much thereof as may belong to the said Thomas King
at the period of his decease and the whole of the personal estate of what
description so ever then belonging to the said Thomas King.
2.  The said Margaret King in case she will be the survivor shall upon the
decease of the said Thomas  be entitled to the whole of the said real and
personal property absolutely subject however to the debts and funeral
and testamentary expenses of the said Thomas King and to the payment of five
pounds to Jane Price King daughter of the said Thomas King by a former
marriage and one shilling to Charles King brother of the said Thomas King
which sums the said Margaret King shall be required to pay
to the said parties respectively in the nature of legacies.
3.  The said Margaret King as such survivor shall in her own absolute
discretion have as right and full power during her lifetime to sell,
mortgage, trade with, convert into cash and dispose of the said real and
personal property as she may think proper and either in whole or in
parcels but in so far as she may leave the same un-disposed or
Un-appointed it shall upon the death of the said Margaret King remain and
be for the time and benefit of the aforementioned Jane Price King her heirs
executors administrators and assigns exclusively and no person
shall have or take any share or interest therein by reason of being of the
next of kindred of the said Margaret King.
4.  In case the said Jane Price King shall become entitled to the said real
and personal property or any residue or remainder thereof by readon of the
same in un-appointed or un-disposed of by the said Margaret King by deed or
will she shall take such property or the residue thereof for her own
separate use free from the control of any husband or husbands with whom she
may intermarry and without being subject to the debts or liabilities of any
such husband or husbands and to that end she shall have
a right whether married or not to vest the same in trust so as to prevent it
or the income thereof from being paid or going into the hands of any other
party than herself only.
5.  So far as regards the said Margaret King it is understood and covenated
that this agreement shall operate as a deed or settlement giving her rights
with respect to the property mentioned therein and intended to be affected
thereby and as such shall be binding upon her and all persons having or
claiming any interest by through or under her but in so far as concerns the
said Thomas King it is understood that it shall be held to be a will or
testamentary disposition of his property to take
effect from his decease only.
And for the true and faithful performance hereof the sad Thomas King
and Margaret King do reciprocally bind and oblige themselves and their
heirs executors and administrators by these presents.
As witness their names this the date aforewritten.
Thomas King
Margaret King
Witnesses Present:
Evan Quirk
W. E. Stevenson Moore

I Thomas King of Peel Grocer on of the parties to the foregoing
agreement do hereby declare it to be my wish and desire that the said
agreement may be taken to be my last will and testament and in order
that the same may operate as such more effectually I do hereby give devise
and bequeath to my said wife Margaret King the whole of my real and personal
estate as mentioned and described to hold to her subject to and upon the
terms and for the estate or estates limited and expressed
by the five several clauses in the said writing contained and I do hereby
further nominate constitute and appoint her the said Margaret King sole
executrix of this my will.
As witness my name this first day of April 1865.  Thomas King.
Witnesses:
Evan Quirk
W. E. Stevenson Moore.

26th May 1865 Margaret King sworn executrix with pledges being Henry
Maddrell Graves and Evan Quirk both of Kirk German.
Jane Price King received 5 lbs legacy 20 June 1865.