| Henry Wesley Bell, 1890
|
|
| Submitted by: | Pat Galovich
|
| Date: | 3 April 2002
|
| Original: | LDS: 0106510
|
1890
7
In Her Majesty's High Court of Justice of the Isle of Man
Common Law Division
Testamentary Jurisdiction
To His Honor Sir William Leece Drinkwater
Knight-Deemster a Judge of the said Division
The humble petition of
Eli Christian Barnett of
No. 7 Tynwald Street in the
Town of Douglas coach
builder
Sheweth as follows:
Henry Wesley Bell late of No. 10 Windsor Road in the said town of Douglas car proprietor died on or about
the 7th day of April 1890 having first made and published his last Will and Testament in writing bearing date
the 3rd day of February 1886 with a codicil thereto bearing date the 17th day of March 1888 whereof he
appointed your petitioner executor
Petitioner is desirious that probate of the said will and codicil may be granted to him
Wherefore your petitioner humbly prays a hearing hereof and that Your Honor may be pleased to grant to
petitioner probate of the said will and codicil and petitioner will pray do.
Signed: ?
For petr.
Proceed that this petition do come on to be heard at a Court to be held at Douglas on Monday the 14th day
of April 1890, at 11 o'clock in the forenoon. Whereof all proper parties and persons are to have due and
lawful notice.
Given at Douglas this 12th day of April 1890.
Signed: WL Drinkwater
At a Court holden at Douglas on the 14th day of April 1890 - This petition is continued at the
insistance of the Widow of the Deceased who asks that the Will be proved in solemn form.
Signed: WL Drinkwater
_____________________________________________
This is the last Will and Testament of me Henry Wesley Bell of the Town of Douglas.
I approved my son in law Eli Barnett of the Town of Douglas Executor of this my Will.
I give devise and bequeath the following Real Estate (hereinafter referred to as the said Premises) consisting
of all and singular a certain Dwelling House and premises situate in Princess Street and a certain Dwelling
House and Premises situate in Church Street both in the said Town of Douglas unto my Daughter Annie
Amelia Barnett and her husband the said Eli Barnett To Hold to them during their joint lives and the life of
the survivor of them.
And immediately upon the death of the survivor of them the said Annie Amelia Barnett and Eli Barnett the
said Premises shall vest in such of the children of the said Annie Amelia Barnett (in such shares and subject
to such trusts and limitations of and concerning the said Premises and of and concerning their respective
shares thereof in favor of such of her children) as she the said Annie Amelia Barnett shall notwithstanding
coventure by Deed or Instrument in Writing only her Last Will and Testament appoint and in default of
appointment the said Premises shall vest in the children of the said Annie Amelia Barnett and the issue of any
deceased child in equal shares the issue of any deceased child taking only the share or shares which their
Parents if living would have taken and should the said Annie Amelia Barnett die without leaving lawful issue
her surviving her the said Premises shall vest in such person as shall at the death of the said Annie Amelia
Barnett and Eli Barnett be the Right Heir at law of me the said Henry Wesley Bell.
I hereby revoke all former Wills by me at any time heretofore made.
Witness my name hereunto subscribed this third day of February One Thousand Eight Hundred& Eightysix
(1886).
This Paper writing having been first read over to the Testator (who is unable to read) by me George
Ridgway Cookson one of the subscribing Witnesses thereto was signed published and declared by the said
Testator as and for his Last Will and Testament in our presence. Who in his presence at his request and in
presence of each other have hereunto subscribed our names as Witnesses.
Signed: Henry Wesley Bell (his mark)
Signed: ??
Signed: Geo. Ridgway Cookson
____________________________________________
This is a Codicil to the before Written Last Will and Testament of me Henry Wesley Bell.
I leave and bequeath to my Daughter Annie Amelia Barnett wife of Eli Christian Barnett (in my Will called
Eli Barnett) all the Household furniture, goods, and effects (of which my said Daughter has the present use
and enjoyment) in my House and premises No. 7 Tynwald St. Douglas (now occupied by my said Daughter)
such Household furniture goods and effects to be enjoyed by her as her sole and separate property free from
the Debt and Control of any Husband she may have. Witness my hand this 17th March 1888.
Having read this over to the said Henry Wesley Bell he Declared the same to be a Codicil to his Will &
signed the same in our presence all three of us being present at the same time.
Signed: Henry Wesley Bell (his mark)
Signed: Theophilus Huff(?)
Signed: Geo. Ridgway Cookson
_____________________________________________
In Her Magestys high Court of Justice of the Isle of Man.
Common Law Division
Testamentary Jurisdiction
At a Court holden at Douglas on the 28 day of April 1890
Ive annexed paper writings dated respectively the 3rd day of February 1886 and 17th day of March 1888
having been proved to be respectively the Last Will and Testament and a Codicil hereto of Henry Wesley
Bell late of the Town of Douglas Car proprietor deceased who died on the 7th day of April 1890. Eli
Christian Barnett (in the Will called Eli Barnett) of No. 7 Tynwald Street in the said Town Coach builder the
Executor named in the said Will is sworn well and truly to fulfil and execute the said Will and Codicil and to
administer the personal estate of the said deceased according to Law.
Signed: WL Drinkwater a Judge of the Law Court
_____________________________________________
In case of)
Probate ) IN HER MAJESTY'S HIGH COURT OF JUSTICE OF THE ISLE OF MAN
COMMON LAW DIVISION [Testamentary Jurisdiction]
Will of Henry Wesley Bell late of No. 10 Windsor Road in the town of Douglas car-
proprietor
KNOW all men by these presents that we (1) Eli Christian Barnett of No. 7 Tynwald Street in the said town
coach builder Edward Bell of the Greyhound Hotel in the said town hotel keeper and Edward Kenyon of the
town of Ramsey coal-merchant are jointly and severally and any two of us jointly bound unto our Sovereign
Lady the Queen in the sum of (2) Seven hundred pounds, to the payment whereof, well and truly to be made
to our said Lady the Queen, her heirs, and successors, we bind and oblige ourselves jointly and severally,
and any two of us jointly, our executors and Administrators, firmly by these presents. As witness our
subscriptions the 28 day of April in the year of Our Lord one thousand eight hundred and ninety.
THE CONDITION of the obligation is such, that if the above-named (3) Eli Christian Barnett who seeks to
obtain a grant of Probate of the last Will and Testament of (4) Henry Wesley Bell late of No. 10 Windsor
Road in the said town car proprietor but now deceased, who died on or about the 7th day of April 1890, do,
when lawfully called on in that behalf, make or cause to be made a true and perfect inventory of all and
singular the personal estate and effects of the said deceased, which have or shall come to his (5) hands,
possession, or knowledge, or into the hands of any other person for him (5) and the same so made do
exhibit, or cause to be exhibited, into the proper Registry in that behalf whenever required by law so to do:
And the same personal Estate, and effects of the said deceased, which shall at any time come into the hands
or possession of the said (3) Eli Christian Barnett or into the hands or possession of any other person or
persons for him (5) or which without default might have come into the hands or possession of the said (5)
Eli Christian Barnett do well and truly administer according to law, that is to say, do pay the debts and
liabilities of the said deceased so far as the said personal estate will extend and the law bind the said (3) Eli
Christian Barnett then this obligation to be void and of no effect, or else to remain in full force and virtue.
Signed: Eli C. Barnett
Signed: E. Bell
Signed: Edward Kenyon
At Douglas the 28 day of April 1890
The executing parties to the foregoing Bond acknowledged the same to be their Act and Deed.
Before me,
Signed: WL Drinkwater