Eleanor Margaret Cain, 1911

PEEL 
1911 
80
In the goods of Eleanor Margaret Cain Deceased to his Honor Charles Thomas
Cheslyn Callow one of His Majesty's Deemsters and a Judge of
the said Division
The humble petition of Philip Richard Cowley of Ballaquane Road in the
town of Peel Gentleman and Eleanor Cowley his wife.
Sheweth
Eleanor Margaret Cain late of Ballaquane Road aforesaid widow mother
of your female petitioner died at Ballaquane Road aforesaid on the 23
day of March 1911 having first made and published her last will and
testament bearing date the 27th day of January 1909 whereby she appointed
your female petitioner executrix thereof.
Your petitioner Eleanor Cowley I unable to take Probate of the said will
during coverture and your petitioners are desirous of obtaining a grant of
Administration of the personal estate and effects of the said Eleanor
Margaret Cain to your petitioner Philip Richard Cowley during the
coverture of your petitioner Eleanor Cowley.
Wherefore your petitioners humbly pray a hearing hereof and that your Honor
may be pleased to grant administration with the said will annexed
of the personal estate and effect of the said Eleanor Margaret Cain to your
petitioner Philip Richard Cowley during the coverture of your petitioner
Eleanor Cowley and petitioners pray such other and further relief as is meet
and will every pray.
-----------for petitioners
Ordered that this petition do come on to be heard at a court to be holden at
Douglas on Friday the 12th day of May 1911 at 10:30 o'clock in the forenoon
whereof all proper parties and persons to have due notice. Given this 11th
day of May 1911
Edward W Callow Deemster

This is the last will and testament of me Eleanor Margaret Cain of
Ballaquane Road in the town of Peel widow I hereby revoke all wills and
testamentary writings by me at anytime heretofore made and declare
this only to be my Last will and testament.  I devise and bequeath unto
my daughter Eleanor Cain the whole of my estates both real and personal for
her sole and separate use free from the debts control and engagements of any
husband she may have or marry and I hereby appoint my said daughter sole
Executrix of this my will and whereas by her will bearing date the Twenty
seventh day of January One thousand eight hundred and ninety seven and
proved at a court held at Peel on the
Twenty sixth day of February One thousand Nine Hundred.  Elizabeth Caine
late of the said Town of Peel widow of Walter Caine late of Peel
aforesaid Seedsman after bequeathing certain legacies directed that the
Trustees thereby appointed should stand possess of the residue of her estate
(thereinafter and hereinafter called ("The Trust Funds") and
invest the same in real security in the Isle of Man and pay the annual
income arising therefrom to me if I should be at her deceased living for
and during my natural life for my separate use and on my decease pay over
and transfer the Trust Funds to such person or persons in such manner for
such interests as I should by any Deed or Will or instrument
in writing by me duly executed notwithstanding coverture direct and appoint
and whereas I am desirous of exercising such power of appointment in manner
hereinafter set forth.  Now in exercise of the said power of appointment and
of all other powers me in this behalf enabling
I direct and appoint that the Trustees of the Will of the said Elizabeth
Caine shall on my decease pay over and transfer the said Trust Funds to my
daughter the said Eleanor Cain if she be then living for her sole and
separate use absolutely and in case my said daughter be then dead, I
direct and appoint the Trustees to pay over and transfer the Trust Funds to
Louisa Anna Cain wife of John Cain of Derby Road in the Borough of Douglas
if she be then living for her sole and separate use free from control of her
present or any future husband and if she be then dead I direct the trustees
to pay over the Trust funds in equal shares to and amongst the children of
the said Louisa Anna Cain living at her death and the issue of any deceased
child of the said Louisa Anna Cain such issue
to take and if more than one in equal shares the share his her or their
parent would if living have taken in witness whereof  I the said Eleanor
Margaret Cain have hereunto subscribed my name this Twenty seventh
day of January One thousand nine hundred and nine.
Eleanor Margaret Cain
Signed Published and Declared by the said Eleanor Margaret Cain as and
for her Last Will and Testament in our presence who in her presence at
her request and in the presence of each other hereunto subscribed our names
as Witnesses:
J. Lewin
T. Lewin

The Grant of Administration revoked and recalled 29 January 1923.
At a Court holden at Douglas on the 12th day of May 1911
The annexed paper writing dated the 27th day of January 1909 having been
proven to be the last will and testament of Eleanor Margaret Cain
late of Ballaquane Road in the town of Peel widow deceased who died on
the 23rd day of March 1911 at Ballaquane Road aforesaid and Eleanor
Cain now Cowley wife of Philip Richard Cowley a daughter of the
testatrix the executrix therein named being at present under coverture and
unable to take probate.  This court hath therefore granted administration
with her said will annexed of the personal estate and effects of the said
Eleanor Margaret Cain deceased (such grant to continue ------ during the
coverture of the said Eleanor Cowley only to Philip Richard Cowley of
Ballaquane Road aforesaid Gentleman (husband
of the said Eleanor Cowley) and accordingly he is sworn well and fulfill
to administer this personal estate and effects of the said Eleanor Margaret
Cain as aforesaid in terms of her said will and according to
law.  Power reserved of making a grant of probate of the said will to the
said Eleanor Cowley on the pursuant of her disability should she
thereafter apply for the same.
Chase W. Callow, a  judge of the said court.
The annexed paper writing dated the 27th day of January 1909 having
been proved on the 12th day of May 1911 to be the last will and
testament of Eleanor Margaret Cain late of Ballaquane Road in the Town
of Peel, widow, deceased, who died on the 23rd day of March 1911 at
Ballaquane Road aforesaid and sets of Administration with the will
annexed granted to Philip Richard Cowley of Ballaquane Road aforesaid
Gentleman (such grant to continued operative only during the coverture
of Eleanor Cowley wife of the said Philip Richard Cowley, the sole
executrix named in the said will)and it appearing that under the
provisions of the  Married Women's Property Dower and Widowright Act 1921
the said Eleanor Cowley is now entitled to take out Probate of the last will
and testament of the said Eleanor Margaret Cain deceased notwithstanding
coverture and she having this day applied for such a
grant to her the said Eleanor Cowley is sworn well and truly to fulfil and
execute the said will and to administer the Personal Estate of the said
Eleanor Margaret Cain deceased according to law.  And this court doth hereby
declare that the said grant of Setters of Administration (with the will
annexed) to the said Philip Richard Cowley be forthwith Revoked and
Recalled.
                     F. M. LaMothe,  a judge of the said court.
					 
In the Goods of Eleanor Margaret Cain deceased
Know all men by these present that we Philip Richard Cowley of
Ballaquane Road in the town of Peel Gentleman, John Kelly of the said
town builder and John Cannell Cowley of the Village of Onchan joiner and
builder are jointly and severally and any two of us jointly bound unto our
Sovereign Lord the King in the same of Four thousand 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 present.
As witness our subscriptions the 12th day of May in the year of Our Lord One
thousand nine hundred and eleven.
The condition of our obligation is such, that if the above Administrator
who seeks to obtain Letters of Administration Cum Testamento Annexo
of all and singular the personal estate and effects of Eleanor Margaret Cain
late of Ballaquane Road in the town of Peel widow but now
deceased, who died on or about the 23rd day of March 1911 at Ballaquane Road
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 decease, 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, into the
proper registry in  that behalf whenever required by law so to do:   And
the same personal estate and effects and also other the personal estate and
effects of the said deceased which shall at any time come into the hands or
possession of the 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 administrator, do and
truly administer according to law, that is to say, do pay the debts and
liability of the said decease and the legacies bequeathed by the said will
so far as the said personal estate will extend and the law bind the
Administrator and do delivery and pay unto the person or  persons legally
entitled thereto all the rest and residue of the said personal estate
effects then obligation to be void and of no effect, or else to remain in
full force and virtue.
Philip Cowley
John Kelly

At a Court holden at Douglas the 12th day of May 1911
The executing parties to the foregoing Bond acknowledged the same to be
their Act and Deed.
Before me,
Chas W. C. Callow,  Deemster