| Edward Qualtrough, 1914
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| Submitted by: | Shirley C Hogensen
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| Date: | 7 June 2003
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| Original: | LDS: 0106581
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Rushen
1914
No 127
This is the last will and testament of us Edward Qualtrough of The Anchorage
Port St Mary in the parish of Rushen Merchant and Eleanor Qualtrough wife of
the said Edward Qualtrough. - We hereby revoke all former wills and
testamentary instruments heretofore executed by us or either of us and
declare this only to be our Last Will and Testament. We nominate constitute
and appoint the survivor of us and our two sons Edwin Qualtrough and Henry
James Qualtrough Executors and Trustees of this our will and the survivors
and survivor of them and the Heirs, Executors, and Administrators of such
survivor are hereinafter included in the expression.
łThe Trustees". We give and bequeath unto the survivor of us absolutely all
our furniture plate linen china glass books pictures prints wines and other
household effects which may be in or about our dwelling house or the
outbuildings and premises thereto attached at the time of the death of the
other of us - We give devise and bequeath to the trustees all our real
estate and the residue of our personal estate UPON TRUST as to the Dwelling
house outbuildings and premises where we now reside and called "The
Anchorage" as aforesaid.
To suffer and permit the survivor of us to hold occupy and enjoy the same
without impeachment of waste during his or her natural lifetime and subject
thereto to stand possessed such residuary estate UPON TRUST after payment of
debts funeral testamentary expenses to pay the income thereof to the
survivor of us during his or her natural lifetime and (subject to the
provision hereinafter contained in favour of our other issue) we thereafter
give devise and bequeath the said residue eqQualtrough their Heirs Executors
Administrators and Assigns. The provision in favor of our other issue and
hereinbefore referred to shall come into operation on the death of the
survivor of us and on such death we give and bequeath a legacy of Four
thousand pounds to our daughter Emma Qualtrough and a legacy of Four
thousand pounds to our daughter Eliza Amelia wife of Frederick Ambrose John
Poulson of Bottle such legacies to be for the sole and separate use of each
daughter and to be vested upon the death of either of us - We direct our
trustees also on the death of the survivor of us to set apart out of the
said residuary estate a sum of two thousand pounds to be held by them UPON
TRUST to invest the same upon security of real estate in the United Kingdom
or Isle of Man with power to alter or vary the Securities from time to time
in their descretion and to pay over the net annual income arising there from
to our son William Edward Qualtrough during his life on his death or in case
of his death before the survivor of us to pay over income to our grandchild
Stanley Qualtrough only child of the said William Edward Qualtrough during
his life and on the death of our said grand child UPON TRUST for all the
children equally if more than one or, for the only child. If but one, of our
said grandchild who either before or after the death our said grandchild
being sons or a son shall attain the age of twenty one years or being
daughters or a daughter shall attain that age or be married and in case
there shall not be any such child then we direct that the said sum of Two
Thousand pounds shall be divided equally among the persons who would on the
failure of the foregoing trust be next of kin of the testator Edward
Qualtrough and entitled to his personal estate under the statutes for the
distribution of the personal estate of intestate if he the said Edward
Qualtrough were to die immediately after the failure of the said trust Such
persons if more than one to take distributively according to the said
statutes.
We expressly authorize the trustees hereof during the lifetime of the
survivor of us to carry on or not as they in their absolute discretion shall
at any time decide any business in which the said Edward Qualtrough if he
shall predecease the said Eleanor Qualtrough shall at the time of his death
be engaged and to employ for that purpose such part of our real and personal
estate as shall constitute the capital employed therein at the time of such
death with any additional capital which the Trustees to sell all or any part
of our real estate as they in their absolute discretion shall think fit with
power to execute all or any conveyances assurance and receipts and we
declare that such receipts shall exonerate the persons taking the same from
all liability to see to the application of disposition of the monies therein
mentioned or enquiring into the necessity of or propriety of any sale
purporting to be made under the powers of this will.
In witness whereof we the said Edward Qualtrough and Eleanor Qualtrough have
hereunto subscribed our names this sixth day of June one thousand eight
hundred and ninety nine (1899).
Edward Qualtrough
Eleanor Qualtrough
Signed published and declared by the said Edward Qualtrough and Eleanor
Qualtrough as and for their Last Will and Testament in our presence who in
their presence at their request and in presence of each other have hereunto
subscribed our names as witnesses:
John Moore Senior
John Moore Junior
This is a further will of me Edward Qualtrough of Port Saint Mary, Net
Manufacter, I give and bequeath all furniture plate linen china glass books
pictures prints wines and other household effects bequeathed to me as the
survivor under the foregoing joint will executed by me and my late wife to
which Emma absolutely for her sole and separate use and as to any other
real and personal estate to which I may be entitled at the time of my death
required since the death of my said wife I Edwin and Henry James absolutely
in equal shares and I hereby confirm the said joint will . Witness my name
this 13th day of September one thousand nine hundred and one. Edward
Qualtrough
Signed published and declared by the testator as his further will in
presence who at his request in his presence and in presence of each other
have hereunto subscribed our names as witnesses.
John Moore Senior
John Moore Junior
At a court holden at Douglas on the 9th day of April 1914
The annexed paper writing dated the 6th day of June 1899 having been proved
to be the last will and testament of Elenaor Qualtrough late of Port St Mary
in the parish of Rushen deceased the late wife of Edward Qualtrough also of
Port St Mary aforesaid retired merchant also deceased (the said Eleanor
Qualtrough having died on the 6th day of January 1900 at Port St Mary
aforesaid and the said Edward Qualtrough one of the executors according to
the --------- of the said will having died on the 3rd day of March 1914
without having proved the said will. Henry James Qualtrough and Edwin
Qualtrough both of Port St Mary aforesaid merchants sons of the intestatrix
are sworn well and truly to fulfil and execute the same and to administer
the personal estate of the said Eleanor Qualtrough, deceased, according to
law.
S. Stevenson Moore
A Judge of the said court.
In the Goods of Edward Qualtrough and Eleanor Qualtrough his wife deceased.
We the undersigned next of kin of the said Edward Qualtrough formerly of
Port St Mary, in the parish of Rushen, merchant, and of Eleanor Qualtrough
his wife do hereby authorize the bearer hereof to appear, and on our behalf
admit notice of the petition of William Edward Qualtrough, Henry James
Qualtrough, Edwin Qualtrough, and Emma Qualtrough for probate of the joint
will of the said Edward Qualtrough and Eleanor Qualtrough and our consent
thereto at any court after this date.
This 2nd day of April 1914.
William Edward Qualtrough
Henry James Qualtrough
Edwin Qualtrough
Emma Qualtrough
Witnessed by Henry Cregeen
Emma Qualtrough rec'd legacy 4 May 1914.
Eliza Amelia Poulsom and Fredrick Poulsom received 1 May 1914 legacy