Humphrey Mylchreest, 1895

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Malew 
1895 
No 92
The humble petition of Anne Mylchreest of Ballamodda in the parish of Malew
widow.
sheweth:
1.  Your petitioners husband Humphrey Mylchreest late of Ballamodda
aforesaid farmer departed this life on or about the 29th day of January 1895
having first duly made and published his last will and testament in writing
bearing date the 28th day of October one thousand eight hundred and ninety
whereof he appoint your petitioner sole executrix.
2.  Your petitioner is desirous of obtaining Probate of the said will.
Wherefore your petitioner humbly prays a hearing hereof and that your Honor
may be pleased to grant probate of the said will of the said Humphrey
Mylchreest to your petitioner and your petitioner will pray.
W. Lay for Petitioner
Ordered that this petition do come at a court to be held at Castletown on
Monday the 11th day of March 1895 at 11:30 o'clock in the aforenoon whereof
all proper parties and persons are to have due and lawful notice. Given at
Douglas this 11th day of March 1895.
W. L. Drinkwater.
I Humphrey Mylchreest of Ballamodda Moar in the parish of Malew do hereby
make and publish my last will and testament in manner following, hereby
revoking every former will by me heretofore made.
I give devise and bequeath unto Alexander Robertson of the town of Douglas
clerk in the town office my estate of Ballamodda Moar in the parish of Malew
with the dwelling House and buildings together with all other my real estate
in the said parish of Malew both quarterland intack and by whatsoever name
or names the same may be known.  To Have and to Hold the said several lands
houses buildings  and premises and every part thereof, unto the said
Alexander Robertson his heirs and assigns or other the trustee for the time
being hereunder for the purposes and upon the trusts hereinafter declared of
and concerning the same.  That is to say:
1.  In the first place to suffer and permit my wife Ann Mylchreest to
have the whole use benefit and advantage of the said real estate and the
rents, issues, and profits thereof, for and during the term of her natural
life on the condition that she pays  regularly the interest of all the
bonds that now are or hereafter may be made chargeable upon the said real
estate or any part thereof.
And on the further condition that she the said Ann Mylchreest shall and
will during her life time, keep and maintain the said real estate in a
good and reasonable state of condition and repair.
2.  In further trust in case my executrix (the before named Ann Mylchreest
shall find my personal estate to be insufficient to pay all my just debts
and liabilities, then and in such case I do hereby authorize and empower the
said Alexander Robertson or other the trustee for the time being hereunder
to raise by way of Mortgage upon my said real estate
such sum of money as may be found necessary to pay all such my debts and
liabilities and I do hereby declare that any such deed as shall be so made
and executed by my trustee hereunder shall be as upon my said real estate as
if I myself had made and executed such deed.
3.  In further trust, upon the death of my wife the said Ann Mylchreest,
to apply the whole of the clear income to arise from my said real estate
in equal shares and portions to and amongst my three daughters Jane Stephen
Mylchreest, Sophia Eleanor Stephen Mylchreest and Esther Catherine Stephen
Mylchreest and my granddaughter Elizabeth Ann Mylchreest Bridson in equal
fourth parts or shares until the youngest of the said four persons (that is
my grandchild) shall attain the age of twenty one years.
It being my desire that any one of the said four persons who may sooner
depart this life leaving lawful issue surviving such issue to take the
share of the decease parents.  In case there be no lawful issue surviving
any one or more of the said four who may so depart this life the share of
such one or more to go to the survivors or survivor.
4.  In further trust upon the youngest survivor of the four above named
persons attaining the age of twenty one years if my said wife be then dead,
or if she be then surviving then upon her decease it is my will that the
survivors of the four before named children and grandchild shall have the
discretion by agreement amongst themselves to continue to receive their
respective share of the clear income of my said real estate or they may by a
decision of a majority direct the trustee for the time being to sell and
convert into cash the whole or any part of the said real estate and
distribute the clear proceeds of any such sale equally amongst the said four
persons and the survivors of them, and the lawful issue of any deceased one,
it being my express wish that my said three children and
my grandchild and the lawful issue of any one deceased shall participate
equally.  And in order to carry out this arrangement.  I do hereby declare
that any Deed or Deeds made and executed by the trustee for the time being
hereunder shall be as good and effectual in law to all intents and purposes
as if made and executed by me personally.
I give and bequeath to my wife the before named Ann Mylchreest the
whole of my personal estate of goods monies and effects of every kind and
description and wheresoever situated.
And I do hereby nominate constitute and appoint her my said wife Ann
Mylchreest sole executrix of this my will.
And I the said Ann Mylchreest do hereby give devise and bequeath all my
lands, both quarterland and intack with the dwelling house and building
commonly called and known as the Moaney Moar  unto the said  Alexander
Robertson to have and to hold the same   for the purposes and upon  the
trust herein before stated and set forth of and concerning the estate of
Ballamodda Moar to be dealt with and applied in like manner.  And I the
said Humphrey Mylchreest do hereby express my full consent and concurrence
in the same.
In witness whereof we the said Humphrey Mylchreest and Ann Mylchreest have
hereunto subscribed our names this 28th day of October 1890. Humphrey
Mylchreest
Signed published and declared by the said Humphrey Mylchreest as and
for his last will and testament in the presence of
Louisa Crellin
Danl Teare Callow