| John Killip, 1907
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|
| Submitted by: | Katherine Thacyk
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| Date: | 6 January 2005
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| Original: | LDS: 0106557
|
John Killip
Lezayre
1907
N° 138
THIS IS THE LAST WILL AND TESTAMENT OF me John Killip of
Gob-E-Volley in the Parish of Lezayre Farmer. I HEREBY revoke
all wills and Testamentary writtings by me at any time here-
tofore made and declare this only to be my Last Will and
Testament. I LEAVE AND BEQUEATHE the whole of my household
Furniture China Linen Plate and effects to my daughter Margaret
Ann Kneale wife of William Kneale of Ballabreie in the
Parish of Lezayre Farmer absolutely. I LEAVE AND BEQUEATHE the
whole of my Farm stock Crops and Farming Implements of every
nature kind and description unto my daughter Margaret Ann
Kneale absolutely. I GIVE AND DEVISE a certain meadow in
Lezayre left to me by Thomas Killip to my said daughter
Margaret Ann Kneale absolutely. I GIVE AND DEVISE my lands and
premises situate in the Parish of Andreas part of Ballajunnell
and Intack lands intending to include herein all my real
estate in the said Parish of Andreas to my grandson John
Killip absolutely. I LEAVE AND BEQUEATHE the whole of the
Residue of my Personal Estate of every description and where-
soever situate unto my said daughter Margaret Ann Kneale
absolutely. I CHARGE the rest residue and remainder of my Real
Estate not hereinbefore expressly devised with the payment
To my said daughter Margaret Ann Kneale of the sum of Two
Pounds per annum for the term of her natural life from the
date my son James Killip shall come into possession of such
Residue of my lands and premises as hereinafter declared for
her own sale and separate use. I GIVE AND DEVISE unto my son-
in-law William Kneale the rest residue and remainder of my
Real Estate TO HOLD the same to him for and during the term
of ten years from the 12th day of November following the date
of my death PROVIDED that he the said William Kneale shall
pay therefore from the date of my death during such period of
ten years whether he be in personal occupation of the said
lands and premises or whether he lease or let the same (which
he is hereby empowered to do) to any other person or persons
rent at the rate of Twenty pounds per annum to my son James
Killip on the 12th day of November in each and every year
and all rates and taxes charged or which may become charged
thereon and all interest on Mortgages affecting the said
property PROVIDED ALSO that he do pay to the Treasurer of
any New Wesleyan Methodist Chapel which may be built at Sulby
within Five years after my death the legacy hereinafter named
and at the expiration of the said period of ten years or the
sooner determination thereof by failure of the said William
Kneale to pay the said legacy (if payable). I LEAVE AND
DEVISE the same to my son James Killip for and during the
term of his natural life and upon his decease to his lineal
heir-at-law Provided such lineal heir be a male In case my
said son James shall die without leaving his surviving a
lineal male heir then I LEAVE AND DEVISE the same to the
lineal heir of my son George Henry Killip Provided he be a
male And if the said George Henry Killip die without leaving
him surviving a lineal male heir then I LEAVE AND DEVISE
the same to my said grandson John Killip absolutely. I LEAVE
AND BEQUEATHE to my son George Henry Killip Provided he
comes personally to the Island to receive payment of the
same within ten years from the date of my death the sum of
Fifty Pounds to be paid to him by my said son James Killip
on his taking possession of the residue of my real estate
as hereinbefore provided And which said sum of fifty pounds
I hereby charge on the said Residuary Real Estate to be
taken by my said son James hereunder. I LEAVE AND BEQUEATHE
to the children of my said daughter Margaret Ann Kneale
equally as tenants in common the sum of one hundred and
Fifty pounds to be paid to them as they respectively attain
twenty one years of age And in case any child shall die
before he or she attain twenty one years I direct his or
her share of the said sum of one hundred and fifty pounds
shall go to his other surviving brothers and sisters
equally The said sum of one hundred and fifty pounds I hereby
charge on my residual real estate devised to my son James
and direct that in case the said Margaret Ann Kneale shall
die before her youngest child shall attain the age of twenty
one years that my said son James shall pay interest on any
unpaid shares of the said sum of one hundred and fifty pounds
at the rate of four pounds per centum per annum from the date
of her death for the maintenance and support of any of the
said child or children of the said Margaret Ann Kneale who
shall be under Twenty one years until he she or they respec-
tively attain such age But that no interest thereon shall be
payable if the said Margaret Ann Kneale shall be alive at
the time her youngest child attain the age of twenty one
years IN CASE there shall be built within Five years from
the date of my decease a New Wesleyan Methodist Chapel at
Sulby I LEAVE AND BEQUEATHE to the Treasurer thereof the sum
of ten pounds to be paid by the said William Kneale in
consideration of the devise to him of the residue of my
Real Estate herein before set out I DIRECT that the whole of
my Real and Personal Estate devised or bequeathed to my
daughter Margaret Ann Kneale shall be held by her for her
own sole and separate use free from the control debts or
interference of any present or future husband she may at
any time have and that she shall have full power not with-
standing coverture to dispose of such Real or Personal
Estate or any part thereof by Deed or Will to such person or
persons and in such manner as she shall think fit. IN THE
EVENT of any of the persons or person mentioned in this my
will or taking any benefit or interest thereunder instituting
any Legal Proceedings with the object of disputing anything
contained in this my Will then in that event I DIRECT that
such benefit or interest to which such person disputing the
same would have been entitled shall immediately cease and be
revoked I NOMINATE CONSTITUTE AND APPOINT my said daughter
Margaret Ann Kneale Sole Executrix of this my Will.
IN WITNESS WHEREOF I have hereunto subscribed my name this
Twenty first day of February One thousand nine hundred and
Seven.
SIGNED PUBLISHED AND DECLARED by the
Testator as and for his last Will and
Testament in our presence who in his
presence at his request and in presence } John Killip
of each other have hereunto subscribed
our names as attesting witnesses.
Beatrice Mylchreest
Glentrammon
Ramsey
Thomas Mylchreest
IN THE HIGH COURT OF JUSTICE
COMMON LAW DIVISION
TESTAMENTARY JURISDICTION
IN THE MATTER of the estate of John Killip deceased.
To:-
His honour Charles Thomas Cheslyn Callow One of His
Majesty’s Deemsters and a Judge of the said Division
The Humble Petition of William Henry
Kneale and Margaret Ann Kneale.
SHEWETH:
The said John Killip late of Gob-E-Volley in the
Parish of Lezayre Farmer deceased departed this life at Gob-
y-Volley aforesaid on or about the 17th day of May 1907……..
having first made and published his last Will and Testament
bearing date the 21st day of February 1907 whereof he……
appointed his daughter Your Petitioner Margaret Ann Kneale
sole Executrix.
Your Petitioner the said Margaret Ann Kneale is
now the wife of the said Petitioner William Henry Kneale.
Your Petitioners are desirous that a Grant of……
letters of Administration “cum testamento annexo” of the…..
personal estate and Effects of the said John Killip…….
deceased be granted to your Petitioner the said William …….
Henry Kneale during the coverture of the said Margaret Ann
Kneale.
WHEREFORE Your Petitioners humbly pray
a hearing hereof and that Your Honor
May be pleased to Grant Letters of………
Administration “cum testamento annexo”
of the personal estate and effects of
the said John Killip deceased to your
Petitioner the said William Henry Kneale
or to some other fit and proper person or
persons of whom this Court may approve
such Grant to operate during the…..
coverture of the said Margaret Ann Kneale
Your Petitioner With such other and ……
further relief as is meet and Petitioners
will ever pray etc. etc.
J. W. -----?----- dr.
For Petitoners
Ordered that this Petition do come on to be heard at a
Court to be held at Ramsey on Monday the 3rd day of
June 1907 at __ o’clock fore noon, Whereof all proper
parties and persons are to have due and lawful notice.
Given at Ramsey this 1st day of June 1907
Chas T. C. Callow
Deemster
IN THE HIGH COURT OF JUSTICE
Common Law Division [Testamentary Jurisdiction]
Estate of John Killip deceased
KNOW all men by those present that we William
Henry Kneale and John Lewin Caley
both of Gob-E-Volley of the Parish of
Lezayre farmers and John Killip of
Elm View Sulby in the said Parish of
Lezayre farmer
Are jointly and severally and any two of us jointly bound unto our
Sovereign Lord the King in the sum of two hundred
pounds to the payment whereof well and truly to be made to our said
Lord the King, his heirs, and successors we bind and oblige our-
selves jointly and severally, and any two of us jointly, our Executors
and Administrators, firmly by these presents.
As WITNESS our subscriptions the third day of June
in the year of our Lord one thousand nine hundred and seven.
THE CONDITION of our obligation is such, that if the above
named William Henry Kneale
(hereinafter called the said Administrator) the intended
Administrator of all and singular the personal estate and effects of
John Killip late of
Gob-y-Volley in the Parish of Lezayre
but now deceased, who died at Gob-E-Volley on or about
the 17th day of May
1907.
due 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 unto his
hands, possession or knowledge, or into the hands of any
other person by him and the same so made do ex-
hibit 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 and all other the personal estate and effects of the said deceas-
ed, which shall at any time come into the hands or possession of the
said Administrator, or into the hands or possession of any other
person or persons for him or which without default might have come
into the hands or possession of the said Administrator, 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 personal estate will extend
and the law bind the said administrator and to deliver and pay unto
the person or persons legally entitled thereto all the rest and residue
of the said personal estate and effects, then this obligation to be void
and of no effect, or else to remain in full force and virtue.
At Ramsey this 2nd day } William H. Kneale
of June 1907 } John Killip
} John Lewin Caley
The executing parties to the foregoing bond
acknowledge the same to be their act and deed.
Before me
Chas T.C. Callow
Deemster
In His Majesty’s High Court of Justice of
the Isle of Man
Common Law Division Testamentary Jurisdiction
At a Court holden at
Ramsey on the 3rd day
of June 1907
The annexed paper writing dated
the 21st day of February 1907
having been proved to be the last
Will and Testament of John
Killip late of Gob-Y-Volley in the
Parish of Lezayre Farmer deceased
who died on the 17th day of May
1907 at Gob-Y-Volley aforesaid and
Margaret Ann Kneale (wife of
William Henry Kneale) a daughter of
the Testator the Executrix herein named
being at present under coverture and
unable to take probate This Court
hath therefore granted Administration
( with his said Will annexed) of the
personal estate and effects of the
said John Killip deceased ( such
grant to continue operative during
the coverture of the said Margaret
Ann Kneale only) to William Henry
Kneale also of Gob-y-Volley aforesaid
Farmer (husband of the said Margaret
Ann Kneale) and accordingly he is
Sworn well and faithfully to administer
the personal estate and effects of
the said John Killip deceased
limited as aforesaid in terms of his
said will and according to law. Power
reserved of making a grant of
probate of the said will of the said
John Killip deceased to the said
Margaret Ann Kneale on the removal
of her disability should she thereafter
apply for the same
Chas T. C. Callow
a Judge of the said Court