Evan Quirk, 1873

Note: The pagination may not be correct and translated or doubtful wording may not be indicated.

75     German
The humble petition of George Cæsar Quirk of the town of Peel Bank
Agent.
Sheweth: That on the 20th day of November last Evan Quirk your petitioner's
father departed this life having on the 14th day of the said month duly made
and published his last will and testament whereof he appointed your
petitioner executor in Trust.
That at the decease of the said Evan Quirk he left Elizabeth Quirk his
widow, Eleanor Ann, Eva Elizabeth, and your petitioner his children him
surviving.
Wherefore petitioner prays a hearing hereof and that your worship may
be pleased to grant probate of the said will to your petitioner of the will
and he will pray.  J. A. Caley for the petitioner.
Ordered that this petition do come on to be heard at an Ecclesiastical Court
to be held in Peel on Tuesday next the 16th Dec instant whereof all proper
parties and witnesses will have due notice.
Given at Peel 12 December 1875.  Thomas C. Callow.

At an Ecclesiastical Court held at Peel on the 16th day of December
1873.
Upon hearing this petition in the presence of the parties or their
advocates and upon proof of the lawful execution being first had probate of
the last will and testament of Evan Quirk late of the Town of Peel deceased
was granted to the petitioner George Cæsar Quirk a son of the deceased the
executor in the said will named as prayed for.

This is the last will and testament of me Evan Quirk of the Town of Peel
made this Fourteenth day of November One Thousand Eight Hundred and Seventy
Three.
I give and devise to my son George Cæsar Quirk all and singular that
dwelling house and shop situate in upper Market Street in the town of
Peel now in the occupation of John Taullin with the building in the rear
and the yard garden and premises attached including and ----- ------ to
include -------- the premises conveyed to me by the late Mr Casar
Wattleworth and Eleanor his wife by deed dated 29 Dec 1846 wherein
and on a plan attached to the said deed the premises are particularly
delineated and described together with a right of way through the
present covered passage from the street and through a portion of the said
attached to the house in -----------now occupation to the yard in
the rear of the house hereby devised with a right to open and keep a gate or
door in the boundary wall between the premises hereof devised and those here
of the devised to any daughters.  And I also give and devise to the said
George Cæsar Quirk all and singular those dwelling houses and premises
situate in Lower Market Street Peel and which house ---------
the old school house connected with (------- ----- Trust and hereof and
which premises were man years ago purchased by me at Public Auction such
auction having been called by the Vicar and Wardens of German
under the authorization of and Act of Tynwald promulgated on the 26th
February 1847 to Hold the said several dwelling houses, sheds, buildings,
yards, gardens and premises so described as aforesaid together with all and
every the rights liberties and appurtenances to the same severally belonging
unto the said George Cæsar Quirk his heirs and assigns form
the day of the death of his mother and my wife Elizabeth Quirk and
subject to the proviso ------ after declared with respect to the houses
in Lower Market Street for -----.
I give and devise to my two daughters Eleanor Ann Quirk and Eva
Elizabeth Quirk all and singular that dwelling house situate in Upper
Market Street Peel -------- I now reside together with the small house
and shop adjoining house occupied by Basil Mylrea Watchmaker and the
dwelling house adjoining and situate in Kirk Michael Street together
with the yards buildings and premises in the rear of the said several houses
and which premises were several years ago purchased by me from Cæsar John
Wattleworth.  And I also give and devise to the said Eleanor Ann Quirk and
Eva Elizabeth Quirk all and singular the one half or moiety
of those lands and premises situated in the parish of German called the
Congary and which lands were devised to my wife Elizabeth in and by the said
will of her late father and mother the said Cæsar and Eleanor Wattleworth
To Hold the said several houses, buildings, yards, and premises in Peel
(subject to the right of way to the said George Cæsar Quirk his heirs and
assigns and to the right of opening and keeping a gate or door in the
boundary wall between the premises devised to them and those hereby devised
to my said daughters as before described ) and the said lands in German with
all rights liberties and appurtenances to the
said premises severally appertaining unto the said Eleanor Ann Quirk and Eva
Elizabeth Quirk equally between them and to their respective heirs
and assigns from the day of the death of their mother the said Elizabeth
Quirk and subject to the proviso herein after declared for ever.. Provided
always and I do hereby declare my will to be that should either the said
Eleanor Ann Quirk or Eva Elizabeth Quirk depart this life before their
mother then Elizabeth Quirk and -------- issue the share of the property
so devised to such of them so  saying as aforesaid shall go to  and the same
is hereby devised to the survivor of them To Hold to each survivor and her
heirs and assigns  any thing before mentioned to the contrary
notwithstanding.
And I further leave and bequeath to my said two daughters the whole of my
household furniture, plate, linen and other general household goods
and effects equally between them.  Subject to the like conditions in
every respect as are declared with respect to the devise of the real
property.
I give and bequeath the whole of the residuary and remainder of my
person estate including shares in the Peel Town Building Company, The
Peel Water Works Company and The Peel Gas Light Company and a policy
of insurance by me effected  in the Sovereign Life Assurance Company upon
the life of the said Eva Elizabeth Quirk and bearing date the 11th
Oct 1866 after payment  of my just debts funeral and testamentary and all
other expenses in consideration with the administration of my estate
to my three children George Cæsar Eleanor Ann and Eva Elizth equally
between them. (And in addition to what has been before devised to
them)( subject to the life estate of my wife Elizth Quirk therein)
And I leave and bequeath to my said wife Elizth Quirk the rents issues
profits dividends------- and interest of any arising and  to arise from
and out of the whole of my real and personal estate and  effects to hold
to her for and during the term of her natural life on conditions however
that  she shall and will keep support maintenance clothes and educated
my said two daughters or such of the as may require it in a suitable and
respectable manner and in accordance with her means and of their
position in life.
And my will further is and I do ------- declare that in the event of my
personal estate not being sufficient to discharge my debts and the expenses
aforesaid that the houses and premises on Lower Market Street herein before
devised to my son George Cæsar shall be sold by my executor in Trust to
defray any deficiency in my said personal estate.
And my will further is an I do hereby declare that should there be a
surplus of my personal estate after the payments aforesaid that such surplus
shall be invested by my executor in Trust upon such security as
he may consider advisable for the benefit of my wife during her life and
subsequently for the benefit of the residuary legatees ----- this my
will.
And I hereby invest my executor in Trust with full power should he see
fit to exercise it to sell all or any of the shares held by me at any of the
companies aforesaid and to invest the  proceeds of such sales together with
all or any other monies arising from my estate upon security in the benefit
of the parties aforesaid and to transpose the same as occasion may require
and generally to act according to his discretion in and with relation to the
matter.
And lastly I nominate constitute and appoint the said George Cæsar
Quirk executor in Trust of this my will for the benefit of the said
Elizabeth Quirk and for his sisters and himself.  In witness whereof I
have here unto subscribed my name the day month and year aforesaid. Evan
Quirk
Signed and declared and published by the testator as and for his last will
and testament in our presence who at his request in this presence and in
presence of each other have hereunto subscribed our names as witnesses.
Robert J. Moore
John Wattleworth

Elizabeth Quirk also signed and declared this will to be her last will.