Daniel Caine, 1867

Note: The Inventory not typed

43    MICHAEL 1867 
The humble petition of John Cannell and John Caine of the parish of
Michael yeoman and of John Daniel Caine, Mary Elizth Caine and Jane
Caine children of the late Daniel Caine of Ballanea deceased.
Sheweth:  
That the late Daniel Caine of Ballanea in the parish of Michael
departed this life on or about the 13 day of March instant having duly made
his will dated the 19th July 1867 and a codicil thereto of the same date of
which he appointed the petitioners John Cannell and John Caine executors and
having the other petrs  and William Caine, Catherine Ann Caine, Eleanor
Maria Caine and Matilda Caine his children and his next of
kin him surviving.
That it is advisable for the interests of all concerned that probate
should be granted of the said will and codicil forthwith.
Wherefore petitioners humbly pray that your worship may be pleased to grant
to the petitioners John Cannell and John Caine probate of the said
will and codicil and they will pray.
John Cannell
John Caine
John D. Caine
Mary Elizabeth Caine
Jane Caine her X mark

Ordered that this petition do come on to be heard at a special Eccl Court to
be holden at Douglas this day whereof all proper parties and persons
to have due notice.
Given at Douglas this 25th March 1867.
                       Thomas C. Callow
					   
At a Special Eccl Court holden at Douglas this 25 March 1867.  Upon hearing
this petition in presence of parties or their advocates Probate of the will
of Daniel Caine was granted to the executors John Cannell and
John Caine as prayed for.  Thomas C. Callow
Pledges John Corjeag
William Quiggin

Joseph Kinnish Kelly and Mary Elizabeth Kelly  rec'd £50 14 Jul 1879
Eleanor Maria Cain City of Manchester spinster received £50 on 10 Dec
1881.
Matilda Caine of Manchester spinster rec'd  £50 12 Aug 1882.
William Caine now living in Ohio North American  rec'd £25 


This is the last will and testament of me Daniel Caine of Ballanea in the
parish of Kirk Michael in the Isle of Man landowners.  I revoke all wills
and testamentary dispositions by me heretofore made.
I give and bequeath to each of my children namely John Daniel, William, Mary
Elizabeth, Jane, Catherine Ann, Eleanor Maria and Matilda six pence each as
legacy.  I give devise and bequeath unto my friends John Caine of Ballaskyr
and John Cannell the younger of Ballacarnane beg both of said parish of Kirk
Michael and the survivor of them and the heirs, executors
or administrators of such survivor and hereinafter called my Trustees
all and singular that my estate, lands, premises and all appurtenances
thereunto belonging called Ballanea in the said parish of Kirk Michael and
all other my real estate for and during the term and time until the
twelfth day of November next ensuing my youngest  surviving child attaining
twenty one years of age and also all and singular my personal estate of
every name nature and description whatsoever and
wheresoever situated.
In trust nevertheless to and for the several uses intents and purposes
hereinafter contained and declared of and concerning the same respectively.
That is to say, as to my real estate, to let the same from time to time
either in parts or in the whole or so much thereof as  they may see fit
yearly or for a term of years not exceeding ten years in possession for the
best rent or rents that can be had for the same with the customary covenants
and stipulations and as to my personal estate
to retain on its present security so much thereof as may at the time of my
death be secured and to realize and get in all my unsecured
personally  and as to such parts thereof as may consist of goods and stock
for convert the same or so much thereof as they see fit or
judicious into money (and after payment there out of my just debts,
funeral and testamentary expense) and to place out the same upon good
security in their own names with full power and authority at any and all
times to alter and vary all such securities from time to time for other
or others as occasion may require and to stand possessed of and interested
in the whole of my said real and personal estate until my youngest surviving
child shall attain twenty one and to received the
rents of my real estate and the income and interest of my personal
estate  and the income and interest of my personal estate and pay and apply
the whole or such part thereof as may be necessary for the maintenance
clothing education and advancement in life of all my said children and to
accumulate the residue until my youngest surviving child shall attain twenty
one.  It being my will and express intention hereby to make and provide a
maintenance and provision for all my children that
my said  trustees shall from the proceeds of my general personal estate and
the rents to arise from my real estate during the period aforesaid after
proving for the maintenance and bringing up  of my said children to form the
principal of a fund of two hundred and forty pounds sterling for the payment
of the following pecuniary legacies upon my youngest surviving child
attaining twenty one.  I give and bequeath unto my son
the said William Caine the sum of forty pounds sterling as a legacy but
if he died before the time of payment without leaving lawful issue living
at his death or born in due time thereafter then I leave the said sum of
forty pounds equally between his four sisters Mary Elizabeth, Catharine Ann,
Eleanor Maria, and Matilda or the survivors or survivor of them provided the
one or more of them so dying do not leave lawful issue if there be living
issue of any such daughter then the parents share to be paid to and amongst
such issue and also in the event of said William
Caine becoming my heir before the time of payment the said sum of forty
pounds in that case shall not be paid to him but to his four sisters above
named or their issue.  I give and bequeath to each of my said four daughters
Mary Elizabeth, Catharine Ann, Eleanor Maria and Matilda the sum of fifty
pounds sterling to be paid to them as aforesaid and if one or more of them
shall die without  lawful issue living before the time of payment then I
leave the legacy or legacies of such one or more dying without issue to the
survivors or survivor of them share and share alike
or all to one if only one survive and if they should all die without leaving
lawful issue then I leave the whole of said legacies and the amount
thereof equally between my son William Caine and my daughter Jane
Caine but if there shall be issue of any of my aforesaid daughters such
issue to take their parents share equally between them if more than one and
upon my youngest surviving child attaining twenty one.  I leave a feather
bed to each of my daughters when they shall attain the age of twenty one.  I
give devise and bequeath all and singular my said estate, lands, premises
and all appurtenances thereunto belonging of Ballanea
and all other my real property aforesaid unto my son and heir John Daniel
Caine or such other person as will be my right heir at law, and to his
heirs and assigns forever subject nevertheless to an charge and chargeable
with the payment of the clear sum or yearly annuity of ten pounds sterling
yearly and every year to be paid to my daughter Jane
Caine for the full term of her natural life and up to and including the day
of her death which sum and annuity of ten pounds I hereby make a lien
and charge upon and payable out of my said estate lands premises and
appurtenances of Ballanea aforesaid and all my real estate and it is
hereby declared that in case the said annuity be at  anytime unpaid or in
arrears it shall be lawful for the said Jane Caine to sue for and obtain
possession of the said estate lands and premises and to hold the same until
all arrears of such annuity and all payments in respect thereof to become
due during the time of such possession and all costs and charges be fully
paid and discharged provided, nevertheless that if, my heirs at
law shall possess said estate lands premises and appurtenances of Ballanea
aforesaid, do and shall with all care and kindness provide the
said Jane Caine with comfortable lodgings, clothing, good and sufficient
food nourishment, maintenance and proper and careful attendance and
she agrees to remain with him then such lodging, clothing food maintenance
and proper and careful attendance shall be in payment and compensation of
said annuity or yearly sum of ten pounds for so long as my said daughter
shall agree to remain with my said heirs as aforesaid,
but no longer and upon my youngest surviving child attaining twenty one
as aforesaid and the foregoing legacies and all expense of this trust
being paid and satisfied .
I give and bequeath the residue of my personal estate (if any unto my
said son John Daniel Caine or whoever will be my right heirs.  And I
hereby declare that my trustees for the time being of this my will shall
not be responsible for the acts or defaults of each other but that each
trustee shall be accountable for his own acts and faults and that the
said trustees shall not be liable to make good any loss in the said Trust
Fund unless such loss be occasioned by their willful neglect or default
nor shall my said Trustees be accountable or responsible in respect of
the sufficiently or insufficiently of any security or securities in or upon
hich the trust monies or any of its may be invested.  And it is further
declared, that the said Trustees or Trustee for the time being of this my
will shall be entitled to retain out of the Trust Fund or the income
thereof all necessary legal charges and expenses incurred about the
same and also reasonable compensation for their own loss of time and trouble
if they should require it.  I nominate and constitute and appoint
the said John Caine and John Cannell aforesaid executors in Trust of this my
last will and testament and guardians of such of my children as shall
be under the age of twenty one years at the time of my death.  In witness
whereof I have hereunto subscribed my name this Nineteenth day of February
One thousand eight hundred and sixty seven. 1867.
Daniel Caine
Signed and declared by Daniel Caine the testator and executing party hereto
as and to be his last will and testament in our presence who at
his request at one and  the same time in his presence and in the presence of
each other have hereunto subscribed our names as attesting
witnesses:
William Quiggin
John Corjeag

This is a codicil to the before going last will and testament of me Daniel
Caine of Ballnea in the parish of Kirk Michael executed on the Nineteenth
day of February One thousand eight hundred and sixty seven.  I do alter and
revoke the manner and time of payment of my son William Caine's legacy as
follows by allowing my trustees to give 25lbs to send to
America his own receipt will be a sufficient discharge on arriving at
seventeen years of age, the balance of his legacy to paid to him at the time
specified in the will.  Danl Caine
Signed in the presence of the testator Danl Caine and executing party hereto
as and to be his codicil and last will and  testament in our
presence who at his request at one and the same time in his presence and in
the presence each other have hereunto subscribed our names attesting
witnesses
William Quiggin
John Corjeag
John Cannell and John Caine executors sworn
Pledges John Corjeag of Ballalonna KM
William Quiggin Ballashaughlaige KM