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Robert Clucas Kaye, 1922

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Submitted by: Christine Kaye
Date: 12 July 2003
Original:
Robert Clucas Kaye Douglas Will Registered: 12th September 1922 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 His Majesty's First Deemster and Clerk of the Rolls of this Isle a Judge of the said Division. In the Goods of Robert Clucas Kaye deceased. The Humble Petition of Eva Kaye of "34" (thirty four) Demesne Road in the Borough of Douglas in the Isle of Man a Spinster (hereinafter called "Your Petitioner") Sheweth: 1. Your Petitioner's father Robert Clucas Kaye late of "34" Demesne road in the Borough of Douglas in the Isle of Man Joiner and Builder departed this life on the Eleventh day of August One thousand nine hundred and twenty two at the above address leaving his Last Will and Testament in writing bearing the date the Twenty first day of September One thousand nine hundred and twenty one whereof he appointed Your Petitioner sole Executrix. 2. Your Petitioner is desirous of obtaining a Grant of Probate of the said Will. Wherefore Your Petitioner humbly prays a hearing hereof and that this Court may be pleased to grant probate of the said Last Will and Testament of the said Robert Clucas Kaye deceased to your petitioner And Your petitioner will ever pray etc, etc, etc. Signed by: P. G. Cannell Advocate for Your Petitioner. This is the Last Will and Testament of me Robert Clucas Kaye of "34" (thirty four) Demesne Road in the Borough of Douglas in the Isle of Man Joiner and Builder. I hereby revoke all Wills Codicils and Testamentary writings by me at anytime heretofore made and do declare this only to be my Last Will and Testament. I nominate and appoint my daughter Eva Kaye to be the Sole Executrix of this my Will. I devise my Dwelling house and premises, at present used as a Restaurant, situate on the Shore Road in the town of Peel to my son Henry Collister Kaye absolutely. I give and bequeath the whole of my furniture, silver plate, linen, woolen, china, glass, books, pictures, prints and musical instruments and all other articles of household or domestic use or ornament in equal portions share and share alike to my two daughters Eva Kaye and Bertha Kaye absolutely. And as to the rest residue and remainder of my estate both Real, subject to all charges or encumbrances thereon, and Personal after payment thereout of my funeral and Testamentary expenses and debts I Devise and Bequeath the same, but in the case of my said residuary Real Estate subject to all charges or encumbrances chargeable thereon, to my said daughter Bertha Kaye absolutely. And I Declare that the share or benefit to which either of my said two daughters shall become entitled either by devise or bequest or in any manner under the terms and provisions of this my Will shall be for her own sole and separate use and free from the debts control and engagements of any husband she may have. In Witness Whereof I, the said Robert Clucas Kaye, have hereunto subscribed my name this Twenty first day of September one thousand nine hundred and twenty one. (1921) Signed published and declared by the said testator, Robert Clucas Kaye, as and for his Last Will and Testament in the presence of us both present at the same time, who at his request and in his presence and in the presence of each other hereto subscribe our names as Witnesses:- Signed by: Robert Clucas Kaye Stanley Cannell ?????? Cannell In His Majesty's High Court of Justice of the Isle of Man Common Law Division. – (Testamentary Jurisdiction) At a Court held at Douglas the 4th day of September 1922 The annexed paper writing dated the 21st day of September 1921 Having been proved to be the Last Will and Testament of Robert Clucas Kaye late of No. 34 Demesne Road in the Borough of Douglas, Joiner and Builder deceased, who died ther on the 11th day of August 1922, Eva Kaye of No. 34 Demesne Road aforesaid, Spinster, daughter of the said deceased the sole executrix named in the Will is sworn well and truly to fulfil and execute the said Will and to administer the personal estate of the said deceased according to Law. Signed by: ? La Mothe A Judge of the said Court. In His Majesty's High Court of Justice of the Isle of Man. Common Law Division (Testamentary Jurisdiction) In the Goods of Robert Clucas Kaye deceased. Know all men by these presents that we Eva Kaye of "34" (Thirty four) Demesne Road Douglas, Isle of Man Spinster; James Craine of "10" Thorny Road Douglas, Builder and Edward Bell of "16" Belmont Terrace Circular Road Douglas, Retired Butcher are jointly and severally and any two of us jointly bound unto our Sovereign Lord the King in the sum of Seven 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 Second day of September in the year of Our Lord one thousand nine hundred and twenty two. The condition of our obligation is such that, if the above named Eva Kaye (hereinafter called "the Executrix" who seeks to obtain a grant of Probate of the Last Will and Testament of Robert Clucas Kaye late of "34" (thirty four) Demesne Road in the Borough of Douglas in the Isle of Man Joiner and Builder but now deceased, who died on or about the 11th day of August 1922 at "34" (Thirty four) Demesne 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 deceased which have or shall come into her hands, possession, or knowledge, or into the hand of any other person for her 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 of the said deceased which shall at any time come into the hand or possession of the Executrix or into the hand or possession of any other person or persons for her or which without default might have come into the hand or possession of the Executrix 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 Executrix, then this obligation to be void and of no effect, or else to remain in full force and virtue. Eva Kaye James Caine Edward Bell At Douglas, Isle of Man, the 2nd day of September 1922. The executing parties to the foregoing Bond acknowledge the same to be their Act and Deed. Before me Signed by: ? Christian Register of Deeds In the High Court of Justice of the Isle of Man Common Law Division (Testamentary Jurisdiction) In the goods of Robert Clucas Kaye late of "34" Demesne Road in the Borough of Douglas in the Isle of Man Joiner and Builder deceased. And In the matter of the petition of Eva Kaye of "34" Demesne Road aforesaid Spinster for a Grant of Probate of the Last Will and Testament of the above named deceased, which Will bears date the 21st day of September 1921. I Henry Collister Kaye of "34" Demesne Road Douglas son of the above deceased do hereby authorize Mr. P. G. Cannell of Douglas, Advocate or the bearer hereof to appear at any Court to be held after this date and on my behalf admit notice of the above petition any my consent to a Grant of Probate as prayed for. Dated this 1st day of September 1922. H. C. K H. C. Kaye Witnessed by:- Witnesses Name address Edward Bell 16 Belmont Terrace Douglas