| Charles Quane Kaye, 1934 |
|
| Submitted by: | Christine Kaye |
| Date: | 29 October 2004 |
| Original: |
Name: Charles Quane Kaye
Born: January 1851 Kirk Patrick - Isle of Man
Parents: Henry Kaye & Mary Ann Clucas
Married: Ellen Shepard nee Selwood
Died: 1934 Napier aged 83 years
This is the typewritten document marked "A" now produced and shown to Walter
Henry Kaye and mentioned and referred to in his Affidavit to lead grant of Probate to
himself as sole Executor Sworn before me this 4th day of July 1934.
"A"
THIS IS THE LAST WILL AND TESTAMENT of me CHARLES QUANE KAYE
of Napier Carpenter I APPOINT my son WALTER HENRY KAYE of Napier
Salesman sole Executor and Trustee of this my Will I DIRECT my Executor to pay
my just debts passing hereunder AND subject to these payments I GIVE DEVISE
AND BEQUEATH unto my said son Walter Henry Kaye absolutely my freehold
residential property situate at 24 McGrath Street Napier with the three vacant freehold
sections adjoining the same and together with all my household furniture and effects
in or about the dwelling-house on this property AND I ALSO GIVE DEVISE AND
BEQUEATH unto my said son Walter Henry Kaye absolutely all property both real
and personal belonging to me or to which I am entitled or over which I have power of
disposition in the Isle of Man AND as regards all the rest and residue of my property
both real and personal of what kind nature or description so ever and where so ever
situate I GIVE DEVISE AND BEQUEATH the same unto my said Executor UPON
TRUST to sell call in and convert into money all such parts of my said residuary real
and my residuary personal estate as shall not consist of ready money and after
payment of all debts expenses duties and costs of administration of my estate to
distribute the surplus proceeds of such sale calling in and conversion and any ready
moneys in manner following:-
Firstly - To pay my six grandchildren Dulcie, Bessie (Elizabeth), Dorothy, Charles,
Robert and Alfred being the children of my deceased son William Charles
the sum of Fifty Pounds (£50) each.
Secondly - To pay two-sixth shares of the balance remaining to my said son Walter
Henry Kaye without bringing the devises and bequests to him as aforesaid
into hotchpot-
Thirdly - To pay two-sixth shares of the said balance to my daughter Elsie Margaret
Grant-
Fourthly - To pay one-sixth share of the said balance to my daughter Robertha
Dunstall-and
Fifthly - To pay one-sixth share of the said balance to my daughter Lena Muriel
Dickinson.
I AUTHORISE my Trustee to postpone the sale calling in and conversion of all or
any part of my estate residuary real or of my residuary personal estate for so long as
in his absolute and uncontrolled discretion he shall consider proper With power to
him further to manage oversee let and improve any unconverted property and to order
all the affairs thereof as regards letting occupation repairs insurance receipt of rents
profits or income indulgences allowances to tenants or bailees and all other matters
whatsoever I DIRECT that pending such sale calling in and conversion as aforesaid
the rents profits and income of any unconverted property whether real or personal
shall go to and be divided among my said children in the shares to which they are
respectively entitled as aforesaid I DECLARE that every or any sale under the trust
for sale hereinbefore contained may be either by public auction or private contract and
subject to such condition respecting time and mode of payment of the purchase
money as to my Trustee shall seem reasonable and proper I DECLARE that it shall be
lawful for my Trustee from time to time to employ at the cost of my trust estate a
chartered or other competent accountant to audit his accounts relating to the trust
premises I DECLARE that in lieu of acting personally in the trusts hereof my Trustee
shall be at liberty in his uncontrolled discretion from time to time to employ and pay a
Solicitor or other person to transact any business or do any act of what kind or nature
soever necessary to be transacted or done in or about the execution of any of the trusts
of this my Will and no Trustee hereof shall be answerable for any loss that may be
occasioned by his exercise of this discretion AND LASTLY I REVOKE all Wills and
other testamentary dispositions at any time heretofore made by me and declare this to
be my last Will and Testament.
IN WITNESS whereof I have subscribed my name at the end of this my Will
contained in this and the preceding page of demy this 14th day of July One thousand
nine hundred and thirty four.
SIGNED AND ACKNOWLEDGED by the testator the said Charles Quane Kaye as
and for his last Will and Testament in the presence of us both present at the same time
who at his request in his sight and presence and in the sight and presence of each
other have hereunto subscribed our names as witnesses-
C Q Kaye
(cannot read the signatures of the Witnesses.)
Humphries & Humphries
Solicitors
Napier