Bertha Kaye, 1972

Bertha Kaye 1972
Borough of Douglas

In Her Majesty’s High Court of Justice of the Isle of Man
Common Law Division-(Testamentary Jurisdiction)

Be it known that Bertha Kaye of 34 Demesne Road in the 
Borough of Douglas Spinster died on the 4th day of December 
1972 at the Mannin Infirmary in the Parish of Braddan. and be it 
further known that at the date hereunder written the last Will 
and Testament dated the 10th day of December 1968 (hereunto 
annexed) of the said deceased was proved and registered in Her 
Majesty’s High Court of Justice of the Isle of Man and that 
Administration of all the Estate which by law devolves to and 
vests in the personal representative of the said deceased was 
granted by the aforesaid Court to James Herbert Cain of 24 
Athol Street Douglas aforesaid advocates’ managing clerk (
retired) the sole Executor named in the said Will
Dated at Douglas this 27th day of December 1972.

W Kermode
Chief Registrar,
General Registry.

James H Cain			[?] Caley
Executor			A Commissioner For [?]

This is the Last Will and Testament of me Bertha Kaye of 34 
Demesne Road in the Borough of Douglas Spinster
I Revoke all wills and testamentary dispositions heretofore 
made by me
I appoint James Herbert Cain of 24 Athol Street Douglas 
aforesaid Advocates’ Managing Clerk executor and 
trustee hereof (he and his executors and administrators 
and other the trustee and trustees for the time being of 
this my Will being hereinafter call “my Trustee”)
I Devise Bequeath and Appoint the whole of the estate real and personal of or to which I shall at my death be seised possessed or entitled or over which I shall have any power of appointment or disposition by Will unto my Trustee To Hold to my Trustee  that my Trustee shall sell call in collect and otherwise convert the same into money and shall out of such proceeds and out of my ready money pay my debts and funeral and testamentary expenses and the costs attending such sale calling in collection and conversion and shall invest the balance of the same (hereinafter called “my Trust Estate”) and shall collect the annual income of my Trust Estate and after payment thereout of such expenses as my Trustee in his uncontrolled discretion shall think proper in respect of improvements repairs insurance collection of income or otherwise shall pay the net annual balance of such income to Harold Ernest Richards of “Whitebridge” St. George’s Crescent Port Erin for the term of his natural life And upon the death of the said Harold Ernest Richards Upon Trust that my Trustee shall sell call in collect and otherwise convert my Trust Estate into money and after payment of the costs attending the winding up of my Trust Estate shall pay the net balance of the proceeds of such sale calling in collection and conversion to David John Richards (son of the said Harold Ernest Richards) absolutely or (if the said David John Richards shall predecease me) equally amongst such of the children of the said David John Richards as shall be living at the time of my death and the issue then living of any child of his who shall be then dead such issue to take and if more than one equally amongst them the share or shares which his her or their deceased parent or parents would if living at my death have taken
And with respect to my real and personal property and my Trust Estate I Declare as follows:-

That there shall be no apportionment at the date of my death of the rents profits interest and all arrears of rents profits interest and income due to me at the date of my death and all shares and proportions thereof not actually due but accruing due at the date of my death and payable to my estate after the date of my death shall be treated and applied wholly as income and no part thereof shall be added to capital;

That the personal representative of any person who under the trusts of this my Will is a tenant for life of income shall not be entitled to receive any part of any rents profits interest and income which shall be actually received after the death of such tenant for life notwithstanding that the same shall be paid in respect of a period wholly or partly prior to the death of such tenant for life but the same when received shall belong to the person or persons who under the trusts of this my Will would have been entitled thereto if the same had been paid in respect of a period immediately subsequent to the death of such tenant for life;

That my Trustee my postpone the sale calling in collection and conversion of the whole or any part or parts thereof during such period as my Trustee in his uncontrolled discretion shall think proper without being responsible for loss and that the rents profits interest and income arising therefrom after payment thereout of such expenses as my Trustee in his uncontrolled discretion shall consider advisable in respect of improvements repairs insurance collection of income or otherwise shall be paid and applied to the persons or person and in the manner to whom and in which the income of the proceeds of such sale calling in collection and conversion would be for the time being payable or applicable under this my Will if such sale calling in collection and conversion had been actually made;

That my Trustee may invest any moneys for the time being in his hand requiring investment in the purchase or on the security of real estate in England or in the Isle of man or elsewhere or in any stocks shares securities or other investments of whatever nature which my Trustee in his uncontrolled discretion may think proper and notwithstanding that such stocks shares securities or other investments are investments upon which trustees are not authorised by the law of the Isle of Man or England to invest trust moneys;

That my Trustee may sell collect and otherwise convert into money the whole or any part or parts thereof either by public auction or private treaty and upon such terms and subject to such conditions and at such time or time as my Trustee in his uncontrolled discretion shall think proper;

That my Trustee may let the whole or any part or parts of the real estate forming part thereof upon such terms and conditions and for such periods as my Trustee in his uncontrolled discretion shall think proper;

That (without incurring any person liability therefore) my Trustee may raise from time to time by way of mortgage or charge on any part or parts of the real estate forming part thereof at such rate of interest as my Trustee may think proper such sum or sums as my Trustee in his uncontrolled discretion shall deem necessary or expedient for the purpose of carrying out repairs renewals alterations and improvements to such real estate and that the property in respect of which such sum or sums may be required shall be alone answerable for such mortgage or charge to the exclusion of the remainder of my real estate;

5.And I Further Declare that any person for the time being acting as an executor or trustee of this my Will shall be entitled to reasonable remuneration for his services

Witness my name hereunto subscribed this tenth day of December on thousand nine hundred and sixty eight.

Signed and Acknowledged by the said Bertha Kaye as and for her Last Will and Testament in presence of us who in her presence at her request and in presence of each other have hereunto subscribed our names as witnesses:-                         Bertha Kaye


Eliz. K.  Tennant