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William Thomas Kaye, 1917

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Submitted by: Christine Kaye
Date: 12 July 2003
Original:
William Thomas Kaye
Peeltown 
1917
No 124
In His Majesty's High Court of Justice of the Isle of Man

Common Law Division  (Testamentary Jurisdiction)

To His Honor Charles Thomas Cheslyn Callow Esquire one of His Majesty's Deemsters and Judge 
of the said Division
The humble petition of Richard Alfred Cooil of "1" Athol Place in the town of Peel.  Retired 
Saddler.
Sheweth
William Thomas Kaye late of Number "27" shore Road in the town of Peel Grocer, died at "27" 
Shore Road aforesaid on the twelfth day of April 1917 leaving a Will bearing the date the second 
day of April 1917 whereof he appointed your Petitioner Executor.

It is necessary to have the said Will proved.

Wherefore Your Petitioner humbly prays a hearing hereof and that this Court may be pleased to 
grant Probate of the said Will to Your Petitioner and Your Petitioner well ever pray etc etc.

Signed by:  W ? Quilliam
For Petitioner

Ordered that this petition do come on to be heard at Court to be holden at Peel on Monday the 23rd 
day of April 1917 at 11.15 o'clock in the forenoon, whereof all proper parties and persons to have 
due notice given this day 18th day of April 1917

Signed by: S. Stevenson Moore

This is the Last Will and Testament of me William Thomas Kaye of Number 27, Shore Road in the 
town of Peel in the Isle of Man, Grocer.

I revoke all other Wills and Testamentary writing s heretofore made by me

I devise to William Earnest Corris of Reno Nevada in the United States of America son of my late 
wifes brother Cæsar Corris three houses situate in Patrick Street in the said town of Peel with the 
several premises belonging to the same respectively namely that store house or shop situate and 
being Number 9 in Patrick Street aforesaid with the yard and premises belonging thereto now in the 
occupation of John T. Shimmin.  Also the dwelling house, yard and premises adjoining thereto 
situate and being Number 11 in Patrick Street aforesaid now in the occupation of Alfred H. Bailey 
and also that other dwelling house and premises situate and being Number 28 in Patrick Street 
aforesaid belonging to me now in the occupation of James Cannon To Hold the same to him the 
said William Earnest Corris absolutely.

But if the said William Earnest Corris should die before me, then and in that case I devise the said 
three houses and premises situate and being numbered respectively 9, 11 and 28 in Patrick Street 
aforesaid to the said Cæsar Corris absolutely.

But if the said William Earnest Corris and the said Cæsar Corris should both die before me, then 
and in that case I devise the said three houses and premises situate and being numbered respectively 
9, 11 and 28 in Patrick Street aforesaid to the wife of the said Cæsar Corris.

I bequeath to Margaret Martin wife of William Martin of Number 4 Peel Road in the Borough of 
Douglas the sum of sixty pounds for her own use and benefit absolutely, and free from the debts 
and marital control of her husband and her own receipt shall be a good and sufficient discharge to 
my Executor therefore.

I devise that Dwelling house, yard and premises situate and being Number 5 in Duke Street in the 
said town of Peel now in the occupation of Charles Cringle unto and to the use of Margaret Emma 
Faragher now of 27 Shore Road aforesaid Spinister and her brother John Faragher of Lake Lane in 
the said town of Peel for their joint lives equally between them and for the lifetime of the survivor 
of them and after the death of one of them the said Margaret Emma Faragher and the said John 
Faragher then and in that case I devise the said Dwelling house, yard and premises situate and being 
Number 5 Duke Street in the said town of Peel to the survivor of the said Margaret Emma Faragher 
and the said John Faragher To Hold the said Dwelling house, yard and premises situate and being 
Number 5 in Duke Street in the said town of Peel unto the survivor of the said Margaret Emma 
Faragher and the said John Faragher her or his heirs and assigns absolutely and forever.

I devise and bequeath all the rest, residue and remainder of my real and personal estate to my 
brother Charles Quane Kaye of Napier, New Zealand absolutely.  But should my said brother 
predecease me then and in that case I devise and bequeath all the rest, residue and remainder of my 
real and personal estate to Ellen Kaye wife of the said Charles Quane Kaye absolutely And should 
my said brother Charles Quane Kaye and his wife Ellen Kaye both predecease me then and in that 
case I devise and bequeath all the rest residue and remainder of my real and personal estate to the 
children of the said Charles Quane Kaye living at my death and the issue then living of his children 
then deceased to take if more than one according to the stocks and not to the number of individuals 
the issue of deceased children taking by substitution as tenants in common the respective shares 
only which their respective parents would if living have taken.

And I appoint Richard Alfred Cooil of "1" Athol Place in the said town of Peel to be Executor of 
this my Will.

In witness whereof I have hereunto subscribed my name this second day of April, one thousand 
nine hundred and seventeen.

Signed published and declared by the said William Thomas Kaye as and for his Last Will and 
Testament in presence of us present at the same time who at his request in his presence and in 
presence of each other have hereunto subscribed our names as witnesses the "words" in Patrick 
Street aforesaid ? ? ? ? ? ? hereof being ? ?.

Thos. A. Cooil
John Sellwood ______

This Grant is made upon the condition that no portion of the assets shall be distributed or paid 
during the War to any beneficiary or creditor who in a German, Austro-Hungarian, Turkish, or 
Bulgarian subject wherever resident, or to anyone on his behalf, or to or on behalf of any person 
resident in Germany, Austria-Hungary, Turkey, or Bulgaria, of whatever nationality without the 
express sanction of the Lieut.-Governor or acting through the Treasurer of this Island;  and if any 
distribution or payment is made contrary to this condition the Grant of Probate or Letters of 
Administration will be forthwith revoked.

Upon an application to the Treasurer of this Island there will be no difficulty in proper cases in 
obtaining sanction to the payment of a moderate sum out of assets to beneficiaries or creditors who 
are German, Austro-Hungarian, Turkish or Bulgarian subjects resident in this country at the 
commencement of the War and during the War.

S. Stevenson Moore
A Judge of the High Court of Justice Isle of Man

In His Majesty's High Court of Justice of the Isle of Man

Common Law Division  Testamentary Jurisdiction

At a Court holden at Peel on the 24th day of April 1917.

The annexed paper writing dated the 2nd day of  April 1917 having been proved to be the Last Will 
and Testament of William Thomas Kaye late of No. 27 Shore Road in the town of Peel Grocer 
deceased who died on the 12th day of April 1917 at no. 27 Shore Road aforesaid.  Richard Alfred 
Cooil of  no. 1 Athol Place in the said town of Peel retired Saddler the Executor herein  named is 
sworn well and truly to fulfil and execute the same and to administer the personal estate of the said 
William Thomas Kaye deceased according to Law.

S. Stevenson Moor
A Judge of the Law Court.

Know all men by these presents that Margaret Martin of Number 4 Peel Road in the Borough of 
Douglas (wife of William Martin of the same address) doth hereby own and acknowledge that she 
hath received the sum of sixty pounds from Richard Alfred Cooil, of "1" Athol Place in the town of 
Peel, Executor of the Last Will and Testament dated the 2nd day of April 1917 of William Thomas 
Kaye late of Number 27 Shore Road in the said town of Peel Grocer, deceased who died on the 12th 
day of April 1917 and which said Will was at a Court holden at Peel on the 24th day of April 1917 
duly proved and Probate thereof granted to the said Richard Alfred Cooil, the Executor named on 
the said Will, the said, sum of sixty pounds being the amount of a legacy bequeathed to the said 
Margaret Martin by the said Will.

Whereof the said Margaret Martin doth hereby Release and discharge the said Richard Alfred Cooil 
as such Executor of said Will of the said William Thomas Kaye deceased ? the heirs Executors and 
Administrators of the said Richard Alfred Cooil and the Estate of the said William Thomas Kaye 
from all further claims and demands for and in respect of the said legacy.

In witness whereof the said Margaret Martin hath hereunto subscribed her name this thirteenth day 
of November One Thousand Nine Hundred and Seventeen.

Signed and delivered in presence of:
Margaret Martin
Katie Martin

Registered in the Registry of Deeds, Isle of Man this 13th day of November 1917, at 1.5 o'clock 
afternoon.

Frank ? Johnston
Registrar

In The High Court of Justice

Will of William Thomas Kaye deceased.
Know all men by these presents that we Richard Alfred Cooil of "1" Athol Place in the town of Peel 
Saddler, Thomas Stephen Quirk Cooil of the town of Peel aforesaid Advocate and Edward Teare of 
the town of Peel aforesaid Coroner are jointly and severally and any two of us jointly bound unto 
our Sovereign Lord the King in the sum of Two Thousand Pounds (amount to be fixed by Court) 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 any two of us jointly, our Executors and 
Administrators, firmly by these presents.

As witness our subscriptions the twenty fourth day of April in the year of Our Lord one thousand 
nine hundred and seventeen.

The Condition of our obligation is such that if the named (name of Principal Party) Richard Alfred 
Cooil (hereinafter called "the Executor") who seeks to obtain a grant of Probate of the Last Will and 
Testament of (name and description of deceased) William Thomas Kaye late of 27 Shore Road in 
the town of Peel Grocer but now deceased, who died at 27 Shore Road aforesaid on or about the 
12th day of April 1917 do, when lawfully called on in that behalf, make or caused to be made a true 
and perfect inventory of all and singular the personal estate and effects of the said deceased which 
have come into his hands possession, or knowledge, or into the hands of any other person for him 
and the same made do exhibit, or cause to be exhibited, into the proper Registry in that behalf  
whenever required by law so 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 of any 
other person or persons for him or which without default might have come into the hands or 
possession of the Executor, 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 Peel the 24th day of April 1917 the executing parties to the foregoing Bond acknowledged the 
same to be their Act and Deed.			
Before me
S. Stevenson Moore
Richard Alfred Cooil
Thos. S.  Q. Cooil
Edward Teare