Henry Kaye, 1883

Kirk Patrick 
1883
No 75
Film No:  0106496

This is the last Will & Testament of me Henry Kaye at present of the Raggatt, in the Parish of Kirk 
Patrick, made this twentieth day of September One Thousand & Eight Hundred & Eighty One.  
(1881)

I hereby revoke and cancel each and every Will or Wills by me heretofore made.

I give and devise to my son Henry Kaye all and singular the whole of those lands and premises 
situate in the Parish of Kirk Patrick, being part of the Quarterland of Cronk moar, and known by the 
names of "Shled Eary Kelly," and "Croit veg e Kelly" ToHold to him the said Henry Kaye and his 
Heirs and Assigns – Subject however to the proviso and conditions hereinafter declared.

And I leave and bequeath to the said Henry Kaye, the sum of One Hundred Pounds as a legacy.  
(Also subject to the conditions hereinafter named).

I give and devise to my son William Thomas Kaye all and singular the whole of those Lands and 
premises situate in the Parish of Kirk German, being part of "Close Chiarn," some time ago 
purchased by me.  Also All and Singular that certain dwelling House and Premises situate in Bridge 
Street in the town of Peel, now occupied by William Quilliam_ _ _ _ _ which property was lately 
purchased by me  from Dr. Higgins Trustee. ToHold unto him the said William Thomas Kaye and 
his Heirs and Assigns, the said _ _ _ _ _ _ _ properties before mentioned – Subject however to the 
proviso and conditions hereinafter declared.

I give and devise to my son Evan Kaye All & Singular that certain field in the Parish of Kirk 
German being a part of Ballaquane, and which was lately purchased by me from the Trustees of 
Robert John Moore, Esquire – ToHold unto him the said Evan Kaye, and his Heirs and Assigns – 
Subject however to the proviso and conditions hereinafter declared.

And I leave and bequeath to my said son Evan Kaye the sum of Three Hundred Pounds as a legacy 
– Subject however to the proviso and conditions hereinafter declared.

I leave and bequeath to my son Charles Quane Kaye, the sum of Three Hundred Pounds as a legacy. 
– Subject however to the proviso and conditions hereinafter declared.

I give and devise to my son Robert Clucas Kaye – All and Singular the whole of that Dwelling 
House Yard and Out offices and premises situate near the beach in the town of Peel, formerly 
known as "Phil Quilliams Property," and at present occupied by William Moore – ToHold to him 
the said Robert Clucas Kaye, his Heirs and Assigns – Subject however to the proviso and conditions 
hereinafter declared.

And I leave and bequeath to the said Robert Clucas Kaye, the sum of One Hundred Pounds as a 
legacy. – (Also subject to proviso and conditions hereinafter declared.

Provided always, and I do hereby direct and declare my Will to be, that the several devisees and 
Legatees, shall not be entitled to possess the Real Property devised to them, or to receive the 
pecuniary legacies bequeathed to them until after the death of my wife Mary Kaye.

And further that in case any or either of my said sons shall depart this life before the said Mary 
Kaye, and without lawful issue, that then in that case the property devised and the legacy 
bequeathed to such son shall go to, and the same is hereby devised to his surviving brothers equally 
between them – Anything herein contained to the contrary notwithstanding.

I leave and bequeath to my said wife Mary Kaye, the rents issues and profits of my Real Property 
hereinbefore devised, together with the Interest of the legacies bequeathed to my said several sons, 
for and during the term of her natural life.

And I also leave and bequeath to her the whole of my Household furniture and other Effects, and 
hereby appoint her my residuary Legatee.

And I hereby nominate constitute and appoint Edward Callister of Kenna in the Parish of German, 
Executor in Trust of this my Last Will & Testament.

And I direct that as he will not have any interest in administering my Estate he shall have a right to 
charge a fair and reasonable compensation for the trouble he may be put to.

Intestimonary whereof I have hereunto subscribed my name the day month and year before written.

Signed declared and published by the Testator Henry Kaye, as and for his Last Will and Testament 
in our presence, who at his request, in his presence and in presence of each other have signed our 
names as Witnesses.
Henry Kaye
Joseph Clucas
Edward Martin

At a Chapter Court held at Peel on the 20th April 1883 Diocese Sodar & Mann Joseph Clucas and 
Edward Martin the subscribing witnesses to the execution of the foregoing paper writing purporting 
to be the Last Will and Testament of Henry Kaye late of the Raggatt in the Parish of Patrick 
deceased who died on or about the 10th day of March 1883 having made oath of the Holy  
Evangelist that the Testator Henry Kaye where of disposing mind and memory and understanding 
duly accept and acknowledged the same in and for his Last Will and Testament in their presence   
and that they at the same time in the presence of the Testator at his request and in the presence of 
each other.  And then and there subscribe their names as attesting witnesses with Edward Callister 
of Kenna in the Parish of German the Executor in the Last Will named is therefore sworn well and 
truly to fulfil and execute said Will and to nominate all and singular the personal estate and effects 
of the said deceased according to Law and by paying the just debts funeral and  testamentary 
expenses of the deceased  and the legacies contained within the said Will so far forth as his estate  
and effects will thereto extend  and the  Law bind them and to return  into the Division Registry of 
the Isle and Diocese of Sodar and Mann a full true and perfect inventory of the same with an 
accurate account of his administration thereof when thereunto lawfully required and to these ends  
he hath given pledges namely Evan Kaye of the Raggatt in the Parish of Patrick and William 
Thomas Kaye of Peel in the Parish of German who have entered into and executed the usual Bond 
in the presence of this Court.
Probatum est 
R. Jobb

Whereas the Ecclesiastical Court of the Isle and Diocese of Sodar and Mann hath this day granted 
Probate of the Will of Henry Kaye late of the Raggatt in the Parish of Patrick deceased, to Edward 
Callister of Kenna, in the Parish of German the Executor named therein.
And Whereas, Evan Kaye of the Raggatt in the Parish of Patrick and William Thomas Kaye of 
Peel in the Parish of German have agreed to become pledges for the due and faithful administration 
of the said Estate by the said Edward Callister according to Law.
Now, Know all Men by these Presents, that we the said Evan Kaye and William Thomas Kaye 
hereby bind our Heirs, Executors, and Administrators, firmly by these presents, as pledges for the 
said Edward Callister that he shall well and truly administer, all and singular, the Personal Estate 
and Effects of the said deceased, according to Law.  And in his default we bind ourselves, and each 
of us, our Heirs, Executors, and Administrators, to be answerable and responsible for the whole to 
the said Court, and to all parties interested in the said Estate and Effects, or the Administration 
thereof, in the place and stead of the said Edward Callister.

Witness our Subscription, this 20th day of April in the Year of our Lord One Thousand Eight 
Hundred and eighty three.

At a chapter Court held at Peel on the 20th day of April 1883.  The foregoing Bond and Obligation 
was duly signed and delivered, and also acknowledged by the executing parties to be their proper 
Act and Deed.
Evan Kaye
William Thomas Kaye
Before me, 
R Jobb								

Inventory not typed.

To all to whom these presents shall come Charles Quane Kaye of Napier in the Provincial District 
of Hawke's Bay and Colony of New Zealand Carpenter sends greeting.  Whereas the said Charles 
Quane Kaye is now entitled and may hereafter become entitled to certain property moneys legacies 
chattels and things under the respective Wills of his father and mother Henry Kaye and Mary Kaye 
late of the Parish of Patrick in the Isle of Man both in deceased  And Whereas the said Charles 
Quane Kaye is desirous of making such appointment of all Attorney as is hereinafter contained for 
all and every the purposes and purpose hereinafter mentioned.

Now these presents witness that the said Charles Quane Kaye for effectuating such desire as 
aforesaid doth hereby nominate constitute and appoint his brother Evan Kaye of Kenna Saint Johns 
German in the Isle of Man Farmer his Attorney for him and in his name to demand sue for recover 
and receive from this Executor or Executors Trustee or Trustees respectively of the respective Wills 
of his said father and mother or any other person or persons whom it may concern the property 
money and thing both real and personal to which the said Charles Quane Kaye is now or may 
hereafter become entitled under or by virtue of the Wills of his said father and mother respectively 
or either of them together with any interest which he may be due for the same and if necessary to 
take any proceedings or bring any action at Law or in equity in the name of the said Charles Quane 
Kaye which he the said Attorney may and think necessary or expedient for the purpose of 
recovering any such moneys as aforesaid And upon every recovery and receipt of all and every or 
any property moneys and thing real or personal belonging due and owing or payable or which the 
said Charles Quane Kaye is entitled under or by virtue of the respective Wills of his said father and 
mother or either of them in his name and as his act and deed or otherwise to sign seal execute and 
deliver such good and sufficient receipts releases acquittances  discharges conveyances assignments 
and other documents as shall be requisite or convenient And to transmit all money which shall be 
received by him under these presents to the said Charles Quane Kaye at Napier in the Colony of 
New Zealand either by a draft or a Bank or in such other way as he may be advised  And generally 
for him the said Charles Quane Kaye and in his name and as his act and deed to do perform execute 
and accomplish every act deed matter and thing which shall or may be requisite or convenient for 
all or any of the purposes aforesaid as fully and effectually as the said Charles Quane Kaye might or 
could do if personally present  And the said Charles Quane Kaye doth hereby ratify and confirm 
whatsoever the said Evan Kaye shall do or cause to be done in or abut the premises by virtue of 
these presents including in such confirmation whatever shall be done between the time of the 
decease of the said Charles Quane Kaye or the  revocation of these presents by other means and the 
time of such  revocation becoming known to the said Evan Kaye In Witness whereof the said 
Charles Quane Kaye hath hereunto subscribed his name and affixed his seal this twenty sixth day of 
January one thousand eight hundred and eighty seven sealed and delivered by the said Charles 
Quane Kaye in the presence of F. Logan, Notary Public, Napier, New Zealand and R. C. Fylee, 
Articled Law Clerk, Napier, New Zealand.
Charles Quane Kaye

To all to whom these presents shall come and I Francis Logan Notary Public duly authorized 
admitted and sworn residing and practicing at Napier in the provincial district of Hawke's Bay in 
the Colony of New Zealand do hereby certify that on the twenty sixth day of January one thousand 
eight hundred and eighty seven I was present and did see Charles Quane Kaye the person named in 
the paper writing of power of attorney on the other side written duly signed, sealed and as his act 
and deed deliver the said power of attorney in my presence and in the presence of Robert Canning 
Fylee and that the name "Charles Quane Kaye" thereto subscribed as the said Charles Quane Kaye 
and that the names "F Logan" and "R C Fylee" thereto subscribe as the witnesses thereto are of the 
respective proper handwriting of myself the said Francis Logan and Robert Canning Fylee of 
Napier aforesaid Articled Law Clerk the subscribing witnesses thereto
In Testimony whereof I have hereunto subscribed my name and affixed my seal of office this 
twenty seventh day of January in the year of our Lord one thousand eight hundred and eighty seven.
F Logan
Notary Public
Napier New Zealand

We acknowledge to have received the full amount due as respectively for our legacies under the 
Will of our late father Henry Kaye deceased and do hereby discharge the Executor Edward Callister 
and our said fathers Estate from all claims soever of each of us in respect of our said legacies and as  
to me  Evan Kaye as Executor of Mary  Kaye and acknowledge to have received from the said 
Edward Callister as such Executor the  whole  of the stock crop farming implements household 
furniture and all other effects which were in the Raggatt at the death of the said Henry Kaye and I 
do discharge the said Edward Callister and my said fathers Estate  from  all claims in respect thereof  
______  24 October 1886
????					
? A Goldsmith				
Robert Clucas Kaye
£100 .17. 0
Evan Kaye
£300  ___  interest
					
Know all men by these presents that Charles Quane Kaye of Napier in the Provincial District of 
Hawke's Bay and Colony of New Zealand Carpenter son of Henry Kaye late of the Raggatt in the 
Parish of Patrick in the Isle of Man deceased doth hereby own and acknowledge to have received 
from Edward Callister of Kenna in the Parish of German in the said Isle of Man executor of the 
Will of the said Henry Kaye deceased (which Will is dated the 20th day of September 1881 and was 
duly proved at a Court held at Peel on the 20th day of April 1883) the full amount due and owing to 
the said Charles Quane Kaye in respect of a certain legacy of three hundred pounds bequeathed to 
him by the said Will:  And the said Charles Quane Kaye doth hereby release acquit and forever 
discharge the said Edward Calllister his executor and administrator and the estate and effects of the 
said Henry Kaye deceased from all claims and demand damages actions costs charges and 
proceedings respectively in respect of the aid Will or the said legacy or in anywise relating thereto 
respectively.  And he doth direct that the said legacy be cancelled on record.  In Witness whereof he 
hath hereunto subscribed his name this 12th day of March 1887.

Witnessed by	?						
Charles Quane Kaye								 
By Evan Kaye	his duly authorized attorney