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Charles Quane Kaye, 1934

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Submitted by: Christine Kaye
Date: 29 October 2004
Original:

line

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