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John Kelly, 1901

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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.