| Emma Bertha Mylchreest, 1908
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|
| Submitted by: | Pat Galovich
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| Date: | 5 April 2003
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| Original: | LDS: 0106561
|
IN HIS MAJESTY'S HIGH COURT OF JUSTICE OF THE ISLE OF MAN
COMMON LAW DIVISION
(Testamentary Jurisdiction)
1908
253
To His Honor Stuart Stevenson Moore Esquire His Majesty's
First Deemster of this Isle and Judge of the said division
The humble petition of William Stephen
Weigh of Summer Hill in the Borough
of Douglas Accountant
Sheweth:-
1 Emma Bertha Mylchreest late of Hill's Cottage
Ballakermeen Road in the said Borough of Douglas Widow
departed this life on or about the 10th day of October
1908 having first duly made and published her last Will
and Testament in writing bearing date the 7th day of December
1907 whereof she appointed our petitioner sole Eecutor
2 Your petitioner is desirious of obtaining a grant of
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 Emma Bertha
Mylchreest to your petitioner and he
will pray &c.
(signed) W. Lay
For petitioner
ORDERED THAT THIS PETITION DO COME ON TO BE HEARD AT A COURT TO BE
HOLDEN AT Douglas ON Monday THE 19th DAY OF
October 1908 AT 10:30 O'CLOCK IN THE FORENOON, WHEREOF
ALL PROPER PARTIES AND PERSONS TO HAVE DUE NOTICE.
GIVEN THIS 17th DAY OF October 1908
(signed: S. Stevenson Moore)
In the Majesty's High court of Justice of the Isle of Man
Common Law Division
(Testamentary Jurisdiction)
In the goods of Emma Bertha Mylechreest late of Hills Cottage
Ballakermeen Road in the Borough of Douglas Widow deceased.
We the undersigned next of kin of the said Emma Bertha
Mylchreest deceased do hereby authorise the bearer hereof to
appear for us and admit notice on our behalf of the petition
of William Stephen Weigh for probate of the Will of the said
Emma Bertha Mylchreest deceased which Will bears date the
7th day of December 1908 and consent to the appointment
of the said William Stephen Weigh as Executor of the said Will.
As Witness our names this 17th day of October 1908.
Witnessed by ) Albert Rowell
W.S. Weigh ) Annie rowell
) William M. Mylechreest
) Thomas B. Mylechreest
) George Mercer
) Frances Mary Mercer
______________________________________________________________________
THIS IS THE LAST WILL AND TESTAMENT of me
Emma Bertha Mylchreest of the town of Douglas Widow
of the late Thomas William Mylchreest of Ballamenagh in
the parish of Lonan I revoke all prior Wills by me made
and I hereby appoint William Stephen Weigh of Onchan
Clerk sole Executor hereof. WHEREAS by a certain Indenture
of Sale in Trust bearing date the fourth day of January
one thousand eight hundred and seventy nine my
father Henry Wesley Bell of the said Town granted and
annexed to Ann Mylchreest also of the said Town
All and singular four certain plots or parcels of land
situate in Tynwald Street in the said town with the
dwelling house stables and premises thereon erected
and therein more fully described. To Hold the same
to the said Ann Mylchreest her heirs and assigns
Upon Trust after the decease of the said Henry
Wesley Bell and after my decease to make over and
convey the same to such one or more of my issue for
such estate and estates in such parts shares
proportions manner and form and subject to such
conditions provisions restrictions and limitations as
I should whether covert or discovert by Deed or Will
duly executed by me direct limit and appoint. Now
in exercise of the said power of appointment and
of every other power now or at the time of my decease
hereunto enabling me I appoint the said testaments
and premises as follows viz:- To my daughter Ann
Bertha the wife of Albert Rowell the dwelling house
and premises situate and being numbered 7 (seven)
in Tynwald Street Douglas aforesaid as at present in
the occupation of John Taggart absolutely for her own
sole and separate use. To my daughter Alice Emma
the wife of John Cashen that dwelling house and
premises situate and being numbered 9 (nine)
in Tynwald Street Douglas aforesaid as at present
in the tenancy of Mrs. Goodwin absolutely for her
own sole and separate use. And to my said daughter
Alice Emma those stables and premises situate in
Tynwald Street Douglas aforesaid as at present in
the occupation of William Rodgers but upon Trust
after payment of the necessary expenses incidental
to the repairs and insurance thereof to pay the net
rents income and profits thereof to my daughter
Frances Mary the wife of George Mercer for her own
sole and separate use for and during the term of her
natural life and upon her decease upon further
Trust for my said daughter Alice Emma to convey
make over and assure the said stables and premises
to such one or more the child or children then living
of my said daughter Frances Mary as shall live
to attain the age of twenty one years if more than
one equally between them as tenants in common
and if only one the whole to be for such one
absolutely. I give and bequeath to my son Thomas
Bridson Mylchreest the gold watch which
belonged to his late father and a legacy of £20
(Twenty pounds) all the residue and remainder
of my property real and personal. I give devise
and bequeath to my Executor Upon Trust after
payment thereout of my debts funeral and testamentary
expenses to pay to Thomas Martin of Hills Cottage
Ballakermeen Road Douglas Retired Car Proprietor
the sum of five shillings weekly during the term
of his natural life and to divide the balance if any
equally amongst my said four children Thomas
Bridson Mylchreest Ann Bertha Rowell Alice
Emma Cashen and Frances Mary Mercer. The
shares of my said three daughters to be for their
sole and separate use. IN WITNESS whereof I have
hereunto subscribed my name this seventh day of
December one thousand nine hundred and seven.
signed published and decalred by )
the Testatrix as and for her Last Will )
and Testament in our presence who ) signed: E B Mylechreest
at her request in her presence and )
in presence of each other have )
hereunto subscribed our names as )
attesting witnesses:- )
signed: W. Lay )
signed: M. Gibson )
_______________________________________________________
In His Majesty's High Court of Justice of
the Isle of man
Common Law Division Testamentary Jurisdiction
At a court holden at
Douglas on the 19th day
of October 1908
The annexed papers writing dated
7th day of December 1907 having
been proven to be the last Will and
Testament of Emma Bertha Mylchreest
late of Hill's Cottage Ballakarmeen Road
Widow deceased who died on the 10th
day of October 1908 at Douglas
aforesaid. William Stephen Weigh
of Summer Hill in the said Borough
Accountant the Executor therein
named in sworn well and truly to
fulfill and execute the same and to
administer the personal Estate of the said
deceased according to law.
signed: S. Stevenson Moore
a Judge of the Law Court
In case of
Probate IN HIS MAJESTY'S HIGH COURT OF JUSTICE OF THE ISLE OF MAN.
COMMON LAW DIVISION.
[Testamentary Jurisdiction.]
In The Goods of Emma Bertha Mylchreest
Deceased
KNOW all men by these presents that we William Stephen
Weigh of Summer Hill in the Borough
of Douglas Accountant, Albert Rowell
of 12 Queen's Terrace Douglas Confectioner
and John Melburn Gibson of Sartfell(?)
Road Douglas Accountant
are jointly and severally and any two of us jointly, bound unto our
Sovereign Lord the King in the sum of One hundred
and fifty
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 ourselves jointly and
severally, and any two of us jointly, our executors and Administrators,
firmly by these presents.
As witness our subscriptions the seventeenth day of
October in the year of our Lord one thousand nine
hundred and eight
THE CONDITION of our obligation is such, that if the
above-named William Stephen Weigh
(hereinafter called "the Executor")
who seeks to obtain a grant of Probate of the last Will and Testament of
Emma Bertha Mylchreest
late of Hill's Cottage Ballakermeen
Road in the said Borough
Widow deceased
but now deceased, who died on or about the 10th day of October
1908, at Hill's Cottage Douglas
aforesaid
do, 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 into his hands, possession, or
knowledge, or into the hands of any other person for him and the
same so made do exhibit, or cause to be exhibited, intoi the proper Registry in
that behalf whenever required by law so to do: And the same personal estate
and effects of the said deceased, which shall at any time come into the hands or
possession of the Executor, 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 Executr, 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 said
personal estate will extend and the law bind the Executor, then this obligation
to be void and of no effect, or else to remain in full force and virtue.
At Douglas )
the 17th day of October 1908 ) signed: W.S. Weigh
) signed: A. Rowell
The executing parties to the foregoing Bond ) signed: J.M. Gibson
acknowledged the same to be ….. Act and Deed. )
Before me,
signed: Frank I. Johnson
Reg. of Deeds
At a Court holden at ………………….. )
the ……. day of ………………..190 )
)
The executing part …….to the foregoing Bond )
acknowledged the same to be …..Act and Deed. )
Before me,
____________________________________________________________________
ISLE OF MAN
Certificate of the Registration of a Deed.
IN THE REGISTRY OF DEEDS, ISLE OF MAN
Pursuant to "The Registration of Deeds Acts, 1847 to 1896."
Requisition book 17. Nature of Deed Sale of
No. 1834 Life Interest
Date of Deed 12 February 1911
George Mercer &
Names of Parties Frances Mary his wife
to William Maltby V……?
By whom Registered The Grantee
Time of Registry Friday 24 February 1911 at
12:40 ______(?) afternoon
Parish or Town where Town of Douglas
Premises situate
I hereby certify that the Instrument above described has been duly Registered and Recorded
in the Registry of Deeds, pursuant to "The Registration of Deeds Acts, 1847 to 1896."
Given under my hand at Douglas, this 24th day of February
One Thousand Nine Hundred and Eleven.
signed: Frank I. Johnson
Registrar of Deeds, Isle of Man