| John Kelly, 1901 |
|
| Submitted by: | Shirley C Hogensen |
| Date: | 25 April 2003 |
| Original: | LDS: 0106538 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
Lonan 1901 202 In re the goods of John Kelly late of NO. 6 Victoria Terrace Douglas retired farmer To his Honor Thomas Kneen Esq His Majesty's First Deemster of this Isle and a Judge of the above styled Division The humble petition of Ann Kelly widow of the above named deceased. Sheweth: Petitioner's husband the above named John Kelly departed this life at No. 6 Victoria Terrace in the town of Douglas on the 11th day of October 1901 having first duly made and published his last will and testament bearing date the 19th day of September 1901 whereof he appointed your petitioner sole executrix. Petitioner is desirous of obtaining probate of the said will and wherefore petitioner humbly prays a hearing hereof and that your honor may be pleased to received proof of the due execution of the said will and to grant probate thereof to your petitioner and petitioner prays for such other and further in the premises which to your Honor may seem meet. And petitioner will pray James Brown Advocate for petitioner. Ordered that this petition do come on to be heard at a Court to be held at Douglas on Monday the 21st day of October 1901 at 1030 o'clock forenoon. Whereof all proper parties and persons are to have due and lawful notice. Given at Douglas this 17th day of October 1901. Thomas Kneen. This is the last will and testament of me John Kelly residing at No. 6 Victoria Terrace in the town of Douglas retired farmer and I do hereby revoke all former wills by me heretofore made and declare this only to be my last will and testament. I leave devise and bequeath to my wife Ann Kelly all my household furniture and effects of every description for her own absolute use. I leave devise and bequeath all the rest residue and remainder of my estate real and personal unto my said wife Ann Kelly for and during the term of her natural life only. And subject to my wifešs interest therein I leave devise and bequeath the following I leave devise and bequeath (subject to my wife's life interest therein) to my son John James Kewley Kelly, my two estate namely Ballakig and Ballagermen all being situate in the parish of Patrick the same to be held by him absolutely upon the death of my wife. I leave devise and bequeath (subject to my wifešs life interest therein) to my son Thomas William Kelly the dwelling house with the garden in rear thereof the same being number six Victoria Terrace immediately opposite dwelling houses number seven and eight the same to be held by my said son his heirs or assigns after the death of my said wife. I leave devise and bequeath to my eldest daughter Jane wife of William Fargher of Grawe Lonan (subject to my wifešs life interest therein) the same to be held in trust by my son Thomas William Kelly or other trustee my said daughter may appoint the same to be held in trust for the sole benefit of my said daughter and to be free from the control of any husband she may have and not to be in anyway subject for the payment of any debts such husband may contract. The house and garden in rear thereof situate and Number Seven Victoria Terrace in the town of Douglas so the two cottages with the garden thereto belonging situate in Laxey Glen in the parish of Lonan. Also all my share in the Isle of Man Steam Packet Company Limited and my said daughter shall have full power and control at anytime to instruct her trustee to sell any part or the whole to the aforesaid devised property for her own personal benefit and use and the receipts of such trustee shall be a good and sufficient receipt for any shares that may be sold or transferred. And in the event of its being real estate the joint signature of my said daughter and her trustee will be regarded for all purposes to be a good lawful and sufficient discharge on the sale of any of the herein devised properties And my said daughter Jane is to have full and absolute authority and control to make a will devising her portion of my estate in such manner as she deems right without being controlled in anyway by any husband she may have. I leave devise and bequeath to my daughter Catherine Ann wife of Robert Creer, joiner and builder, of Victoria Terrace in the town of Douglas (subject to my wifešs life interest therein) and to be held in trust by my son Thomas William Kelly or other trustee my said daughter may appoint for the sole benefit of my said daughter during her lifetime the said trustee to pay my said daughter all the rents and interest arising out of the hereinafter devised property as they become due That dwelling house numbered 8 Victoria Terrace in the town of Douglas with garden in rear thereof. Also the dwelling house, slaughter house and the garden adjoining the school house situate at St Johns in the parish of German and the two brick houses situate near St John's in the parish of Patrick and the two cottages situate at Ballahig with the garden thereto belonging and the Brow on the opposite side of the high road as now occupied by the tenants thereof the same being situate in the parish of Patrick. And upon the death of said daughter Catherine Ann the trustee of said daughter shall divide the before named devised properties on the surviving children born of my said daughter Catherine Ann in equal shares. Share and share alike such shares to be of as nearly the same rental values as it will be possible to make and such division by the trustee shall be approved without dispute. I leave devise and bequeath to my grandson Robert Henry Creer the Stable and Coach House situate in New Bond Street in the town of Douglas and if in the event of him dying before comes of age or without a will the same shall become the property of his next eldest brother or his heir at law. This bequest also is subject to my wifešs life interest therein. I nominate constitute and appoint my wife Ann Kelly who whole and sole executrix and residuary legatee of all the rest and remainder of my personal and real estate of whatsoever nature or wheresoever found and this I give as and for my last will and testament as witness my signature this the nineteenth day of September one thousand nine hundred and one 19 day September 1901. John Kelly Signed by the said John Kelly in the presence of us both present at the same time who have thereupon signed our names in the presence of each other and in his presence as witnesses Theophilas Hoff T Cannell At a Court holden at Douglas on the 21st day of October 1901. The annexed paper writing dated the 19th day of September 1901 having been proved to be the last will and testament of John Kelly late of No. 6 Victoria Terrace in the town of Douglas retired farmer deceased who died on the 11th day of October 1901 at No. 6 Victoria Terrace aforesaid Ann Kelly of No. 6 Victoria Terrace aforesaid widow the relict of the testator the executrix therein named is sworn well and truly to fulfil and execute the same and to administer the personal estate of the said decease according to law. Thomas Kneen, a Judge of the said Court.