James Turnbull, 1875

Rushen 
1875 
151
This is the last will and testament of me James Turnbull of Port St Mary
in the parish of Rushen Grocer being of sound mind memory and understanding
at the making hereof and revoking all wills by me
heretofore made.
I give devise and bequeath the whole of my real and personal property of
every description and where so ever situate unto Joseph Qualtrough of
Port St Mary in the parish of Rushen and Thomas Turnbull of Ballaqueeny
in the parish of Rushen (they and the survivor of them and the heirs
executors and administrators of such survivor and the trustees  or
trustee for the time being hereunder being hereinafter called the
Trustees to have and to hold unto the said trustees and the survivor of them
and the heirs executors administrators and assigns of such
survivor absolutely,  But on the trusts following, that  is to say:
In trust, to hold the whole of the trust property, and the income thereof
for the benefit of my wife Jane Turnbull and of my children until the
youngest child shall attain the age of fifteen years and upon such event.
In trust to hold one moiety of the trust property for my said wife during
her natural life and the other moiety thereof for my said children
equally.  And upon the death of my wife to hold her said moiety for my
said children equally.
It being hereby declared that none of my children shall have a vested
interest in his or her share of the trust property until he or she shall
attain the age of twenty one years and that upon the death of any child
under such age his or her share shall survive to the surviving children or
child.
Provided however that the trustees shall have power but with the
consent of my said wife if she be living) to apply the share of any child
being under the age of twenty one years for his or her maintenance education
or advancement in life.
And it is hereby declared that the trustees shall have power to allow my
said wife to carry on (with a part of the trust property) the business of
a grocer and dealer which I have carried on, for such time and subject to
such conditions and restrictions as to the trustees shall appear best. The
trustees shall have power at any time (but with the consent of my said wife
if living) to sell and convert into money any part of the trust
property whether real or personal and to hold the proceeds of such sale
or conversion on the trust of this my will.  And they shall have power
from time to time to invest any money of the trust property being money on
such security as to them shall seem best.  And from time to time to change
such investments (my wives consent if living being first obtained
on such investment or change of investment).
And it is declared that no trustee hereunder shall be liable or
accountable in respect of any act done in pursuance of this will with the
consent of my said wife if living nor for the failure of any banker or
------ with whom or whose hands any of the trust moneys may be deposited,
nor for any unavoidable loss nor for the acts or defaults of
each other.  But that each trustee for the time being shall be accountable
only for such moneys as may come into the hands of such trustee and for his
own willful default.
Provided also that any trustee for the time being hereunder shall and
may retain and recluse himself and allow to any co-trustee out of the trust
property and the income thereof all such costs changes and expenses as any
such trustee shall pay, sustain, or be put to in the execution of the trusts
of this my will or by means or reason thereof.
I nominate and appoint my said wife executrix of this my will hereby
declaring that the provision which I have hereby made for her shall be in
lieu of all right or interest which she may have in my property or any
part  thereof as my widow.
As witness my subscription this 29th day of April 1875.
James Turnbull
Witnesses:
Edward Cubbin
Henry Kelly
I Jane Turnbull wife of the testator James Turnbull hereby declare that I
accept the provision made for me by the said will in lieu of all right
which I may have in his property as his widow or in anywise.
This 29th day of April 1875.   Jane Turnbull.
18th day of June 1875 Castletown Eccl Court Jane Turnbull sworn executrix
with pledges Edward Cubbin and John Cubbon.