Thomas Clark, 1878

German 
1878 
131
Whereas Thomas Clark, Junior, of Ballamoore in the parish of Patrick
Isle of Man by his last will and testament duly made and executed and
bearing date the 14th day of July 1877 did leave and bequeath to his
sister Eliza Denton wife of the Rev George Denton Wesleyan Minister
then resident in Staffordshire the sum of one hundred pounds as a legacy.
And whereas in the subsequent part of the said will the said Thomas
Clark declared that the said legacy should not be payable or paid until
the expiration of one year and one day of his death.
And whereas the said Thomas Clark, Junior, by his said will appointed
his sister Margaret Clark executrix thereof.
And whereas the said Thomas Clark, Junior, on or about the 18th day of June
1878 departed this life.
And whereas at an Eccl Court holden at Douglas on the 27th June 1878
the said will was duly proved and the said Margaret Clark sworn
executrix there of.
And whereas the said Margaret Clark as such executrix although
requested to pay the said legacy until the expiration of one year from
and after the death of the said Thomas Clark, Junior, has agreed to pay the
same  at one, and has accordingly paid the same.
Now know all men by these presents that the said George Denton at present
stationed at Idle near Leeds and Eliza Denton formerly Clark his wife do
hereby own and acknowledge to have received from the said Margaret Clark in
her capacity of Executrix of the will of the said
Thomas Clark, Junior, the sum of one hundred pounds being the amount of the
said legacy so bequeathed to the said Eliza Denton in and by the said will.
And they do therefore hereby release exonerate and discharge her the said
Margaret Clark in her said capacity and the estate of the said Thos
Clark, Junior, of and from all and every claim of deceased for an in
respect of the said legacy.
And they do hereby direct that the said legacy be and stand cancelled
upon record.
In witness whereof they have hereunto subscribed their names this
twenty fourth day of September 1878.
George Denton
Eliza Denton

Know all men by these presents that I John James Killey lately in the employ
of Mr Thomas Clark Junior of Ballamoore deceased do hereby own and
acknowledge to have received from Miss Margaret Ann Clark
executrix of the said Thomas Clark, Junior, the sum of fifty pounds being
the amount of a legacy bequeathed in and by the will of the said Thomas
Clark Junior dated the 14th day of July 1877 and proved on the 27th day of
June 1878 and I do therefore hereby direct that the said legacy be and stand
cancelled upon record.
Witness my name this 19th day of May 1879
 John J. Killey
Witnessed by James Cannell.

Seven Pounds received by John Shimmin who was employed by Thomas Clark on
the 27 day of Dec 1878.
Twenty Pounds rec'd by Margaret Crellin 9th May 1878.
Seven Pounds rec'd by John Kewley who was employed by Thomas Clark Junior
also received 27 day of Dec 1878.

This is the last will and testament of me Thomas Clark Junior of Ballamoore
in the parish of KK Patrick made and executed the fourteenth day of July
1877.
I direct my just debts and my funeral and testamentary expenses to be paid
by my executrix hereinafter appointed as soon as conveniently may
be after my decease.
I leave and bequeath to the Vicar and Church Wardens of the parish of German
for the time being the sum of fifty pounds to be by them invested for the
use and benefit of the poor of the town of Peel.  And I also leave and
bequeath to the said Vicar and Church Wardens the further sum of
ten pounds to be by them invested for the use and benefit of the poor to of
the parish of German (exclusive of the said town of Peel).
I leave and bequeath to the Vicar and Church Wardens of the parish of
Patrick the sum of ten pounds to be by them invested for the use and benefit
of the poor of the said  parish of Patrick.
I leave and bequeath to the following servants and work people in my employ
- namely John Kewley the sum of seven pounds to John Shimmin
the sum of seven pounds to William Gell the sum of three pounds to
William Lawson the sum of one pounds and to Esther Fargher the sum of three
pounds.
I leave and bequeath to John James Killey of the town of Peel who has
been for a considerable time in my employ as agent and accountant the sum of
fifty pounds provided he will aid and assist my executrix in
winding up and settling my estate and affairs.
I leave and bequeath to my Aunt Margaret Crellin widow of Richard
Crellin the sum of twenty pounds as a legacy.
I leave and bequeath to my sister Eliza Denton wife of the Rev George Denton
Wesleyan Minister at present resident in Staffordshire the sum
of one hundred pounds as a legacy.
I leave and bequeath to George Cæsar Quirk  of the town of Peel Bank Agent
and to  my sister Margaret  Ann Clark who resides with me and to the
survivor of them and the heirs of such survivor as trustees for the said
Eliza Denton and her children the sum of one thousand five hundred pounds In
trust nevertheless and to and for the uses and purposes herein after
declared that is to say.  In trust that they shall and will as soon as
possible after payment to them of the said legacy invest the same on
such security upon such terms and such terms as to them may appear proper
and judicious and take up and received the interest and profits to arise and
accrue thereon and  pay over the same annually to the said
Eliza Denton free from the interference and control of her present or any
future husband for and during the term of her natural life.  And it is
hereby declared that the receipt of the said Eliza Denton
notwithstanding her present or any further coverature shall alone be a
sufficient discharge to the said trustees for the said interest and
profits of the said money.
And in further trust that upon the death of the said Eliza Denton the said
trustees shall divide the said sum of one thousand five hundred pounds into
as many shares as there may be children then living of the said Eliza Denton
(by her present or any future husband) and pay over one of such shares to
each of such children provided always and it is hereby declared that in case
any child should have died and should have left issue such issue shall be
entitled to the share that his or her deceased parents
would have been entitled to. Provided always and it is hereby expressly
declared that no child of the said Eliza Denton shall be entitled to
receive the share of the said money herein before named until he or she
shall have attained the full age of twenty four years.  And that in the
event of the death of the said Eliza Denton before her several children
shall have attained the said age the said trustees shall after her death
apply and pay over the interest and profits to accrue upon the said
principal sum to and for the use and benefit of the several children of
the said Eliza Denton in equal proportions and for their education and
general advancement in life until they attain the said age of twenty four
years.
And it is further provided that the said trustees shall have full power at
all times to transpose and reinvest the said principal sum of one
thousand five hundred pounds and that they shall not be liable for any
loss to the trust money unless such will arise from gross neglect and to out
of ordinary case on their part.  And further that they  shall be
entitled to charge and be re-inbursed for all cost and expenses to be
incurred by them in connection with the execution of the trusts hereby
created together with a reasonable remuneration for their own trouble in the
matter.
And I hereby declare my will to be that none of the legacies herein
before bequeathed (with the exception of those to my servants and work
people) shall be  payable or paid until the expiration of one year from the
day of my death, but that the said legacies excepted shall be paid at
once.
And lastly I nominate, constitute, and appoint my said sister Margaret
Ann Clark sole executrix of this my will and residuary legatee of my
estate and effects.
In testimony whereof I the said Thomas Clark  Junior have hereunto
subscribed my name the day month and year before written.  Thomas Clark,
Junior.
Witnesses:
Thomas Clark
Robert J. Moore

Willliam Gell, William Lawson and Esther Fargher left his employ and he
revoked legacies bequeathed to them in a codicil dated 19 Dec 1877.

At an Eccl Court held at Douglas on the 27th day of June 1878 Margaret Ann
Clark sworn executrix with pledges being Thomas Clark, Senior, of Ballamoore
Patrick and Robert John Moore of Peel who entered into and excuted the usual
bond in the presence of the Court.
                                     Probatum Est   R. Jebb.