|
Margaret Sutherland, 1892 |
 |
| Submitted by: | Peter L. Forshaw |
| Date: | 19 February 2008 |
| Original: | LDS: 0106515 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
This is the Last Will and Testament of me Margaret
Sutherland of Lezayre Terrace in the Town of Ramsey
widow being of sound mind memory and understanding
at the making #hereof. I revoke all former Wills or
testamentary instruments by me heretofore made. I
leave devise and bequeath to William Cannell of the
Town of Ramsey Coal merchant and Henry Gill of the
said Town wine and spirit merchants executors in trust
of my Will all and singular That dwelling house out
offices Land and Premises situated in Tower Street
and Water street in the Town of Ramsey commonly called
the Victoria Inn also that Dwelling House Garden and
Premises situated in Lezayre Terrace in the Town of
Ramsey and Parish of Lezayre as now in my own possession
and occupation Also that Dwelling House Land and
Premises situate and being number twenty-two in Victoria
Place Bowring road Ramsey and Parish of Lezayre, Also
that Dwelling House Land and Premises situate in
Bowring Road and Parish of Lezayre aforesaid now in
the holding and occupation of Mrs. William Teare Widow.
Also that large new Dwelling House lands and Premises
situate at And near Bay View in the Town of Ramsey and
Parish of Lezayre as now in the holding and occupation
of William Curphey also all my personal estate of every
kind and description of whatever the same may consist
and whensoever discovered (Save and except my weaving
apparel which I direct to my daughter Mary Ann Forshaw
to her own use absolutely) unto the said William Cannel
and Henry Gill to have and to hold the said Real Estate
with all rights and privileges to the to the sane severally
belonging or in anywise appertaining with the Personal
Estate aforesaid unto the said William Cannell and
Henry Gill (they and their successors in the office
of executors hereunder being hereinafter called the
Trustees) in Trust for the purposes hereinafter set
forth namely that upon my decease the Trustees shall
and will discharge all my just debts funeral and testamentary
expenses and in the event of there being any surplus
cash of my personal estate remaining after such payments
then to invest such surplus sum as security of Real Estate
and pay [] the annual proceeds thereof to my Daughter Mary
Ann Forshaw aforesaid and I do Further direct that the
Trustees shall pay [] to my said daughter the clear yearly
rental of the Victoria Inn, the Lezayre Terrace house and
Property and the house and Premises situated in Bowring
Road now in the occupation of Mrs. William Teare for and
during the term of her natural life. . I do hereby direct
that the Trustees shall permit my said daughter to have
the use and enjoyment of all my furniture and household effects
during the period of her natural lifetime, and I do further
direct that the Trustees shall direct the whole of the net []
issues and profits of my New House and properties at Bay View
towards the payment of principal and interest of such sum or
[] of [] as may be chargeable thereras at the time of my
decease and after the whole of such sums shall have been paid
off and discharged then to pay over the said rents issues and
profits thereafter to my said daughter during the term of her
natural life and I do further direct and declare that all [debits]
herein made to my said daughter are in the nature of a purely
separate estate and at her own disposal free from the control
or enjoyment of any Husband she may [have] and her receipt
alone to be sufficient discharge [notice the standing colecture].
I do further direct that the Trustees shall suffer and []
my grandson William Henry Forshaw to hold use occupy and enjoy
the Dwelling House and premises number twenty-two Victoria Place
Bowring Road aforesaid and the rents issues and profits thereof
during the natural life time of my daughter aforesaid and at
and upon the decease of my said daughter or upon my decease
should I survive her then I direct the Trustees to make over
and convey to my said grandson the said William Henry Forshaw
to hold occupy and enjoy the dwelling house and premises number
twenty-two Victoria Place, Bowring Road aforesaid and the rents
issues and profits thereof during the natural life time of my
daughter aforesaid and at and upon the decease of my said daughter
or upon my decease should I survive her then I direct the Trustees
to makeover and convey to my said grandson the said William Henry
Forshaw the whole of the said Real Estate herein described and the
whole of the said Personal Estate herein directed in trust until
all accumulations thereof to hold to him the said William Henry
Forshaw his heirs and assigns absolutely provided always that in
the event of the said William Henry Forshaw departing this life
without a lineal heir [] and without having made any disposition
of the said Real or Personal Estates herein [] then and in such
case I direct that the whole of the said Rea; and Personal Estate
remaining under[] of as aforesaid shall go to and be equally
distributed to and amongst the surviving children of my deceased
nephew Theodore Christian Joughin share and share alike subject
always to my daughter life estate therein [a: herein before set
forth and declared]. I do also direct and empower the trustees
to use their own discretion in the [imbursement] or otherwise of
any portion of my personal estate requiring so to be dealt with
and also in the change or renewal of any [mortgaged] or encumbrances
affecting my real estate at the time of my decease with full power
to them to grant new encumbrances for any such sums or any part
thereof as may be chargeable upon my real estate as aforesaid.
I nominate and appoint the before named William Cannell and Henry
Gill executors in trust of this my will in witness whereof
I have hereunto subscribed my name this 5th. Day of April 1887
Signed published and declared
By the Testatrix as and for
Her Last Will and Testament
In presence of us the undersigned
Who in her presence and []
Of each [] have hereunto
Subscribed [] names as
Witnesses
[] Chrystal
John Chrystal Jun.
I Margaret Sutherland the foregoing Testatrix do make the following
as a Codicil to my Foregoing Will. In the event of my grandson William
Henry Forshaw departing this life before his mother my daughter
aforesaid then and in such case I direct my trustees to make []
to and confirm upon my said daughter Mary Ann Forshaw the whole of
my Real and Personal Estates in my said Will [] to be at her own
absolute disposal in all other other respects I ratify and confirm []
this [] 23rd. Day of February 1888
Signed published and declared
By the testatrix as and for a Codicil
To her Last Will and Testament
[]
[]
Subscribed my name as Witnesses
John Chrystal
John Chrystal Junr.
In her Majesty’s High court of Justice of the Isle of Man
Common Law Division. Testamentary Jurisdiction
At a court location at Ramsey on the 24 day of October 1893.
The annexed paper writings dated respectively the 5th. Day
of April, 1887 and the 23rd. Day of February, 1888 learning []
to be respectively the last Will and Testament and a Codicil
thereto of Margaret Sutherland late of Lezayre Terrace in the
Town of Ramsey, Widow, deceased who died on the 9th. Day of
October 1888 and William Cannell and Henry Gill the executors
named in the said Will [ ]of the said Will and Codicil.
This Court [] granted [] ( [] her Last Will and Codicil annexed)
of the personal Estate of the said Mary Ann Forshaw of Bowring
Road in the Town of Ramsey widow a daughter of the Testatrix
and accordingly she is sworn well and faithfully to administer
the personal Estate of the said deceased in terms of her Last
Will and Codicil and [] to [Laws]
W * Gill
Judge of the said court.
MARGARET SUTHERLAND, RAMSEY
In the High Court of Justice-
Common Law Division-
Testamentary Jurisdiction.
To His Honor Deemster Gill
Judge of the said Division
The humble Petition of Mary Ann Forshaw and
William Henry Forshaw both of Bowring Road
in the Town of Ramsey
[Sheweth]
That Margaret Sutherland mother of your Petitioner
Mary Ann Forshaw departed this life on or about
the 9th. Day of October one thousand eight hundred
and eighty eight having first made and executed her
last Will and Testament in writing bearing date the
5th. Day of April 1887 whereof she appointed William
Cannell and Henry Gill both of Ramsey executors in
Trust with a codicil thereto bearing date the 23rd
day of February 1888 That the said William Cannell
and Henry Gill decline to act as such executors and
have never so acted.
That Petitioners are desirous of obtaining letters
of administration of the estate of the said Margaret
Sutherland with the said will annexed and that the
same should be granted your petitioner Mary Ann Forshaw.
Wherefore Petitioners pray a hearing and that
letters of administration of the estate of
the said Margaret Sutherland with her said
will annexed be granted to Petitioner Mary
Ann Forshaw with such other relief as is meet
and the Petitioner will pray.
C.B.Nelson
Advocate for the Petitioner
Ordered that this Petition [do come on] to be heard at
a Court to be [holden] at Peel on Thursday the 24th.
Day of October [1893] whereof all proper persons and
parties are to have due notice
Given this []th. Day of October 1893.
In the matter of the Estate of Margaret Sutherland, deceased.
We the undersigned William Cannell and Henry Gill both of
Ramsey the persons named as executors under the last Will
and Testament of the said Margaret Sutherland and bearing
date 5th. Day of April 1887 do hereby refuse to act and do
renounce all right and title to act as executors under the
said will.
As witness our names this 21st. Day of October one thousand
eight hundred and ninety three.
Henry Gill
Willm. Cannell