Archdeacon Will 1710 #5, Malew, of John Norris of Whitestone, made 18 Feb 1709/10, with a Deed of Gift made 30 xxx 1708

 

"To all whom these may concern, I John Norris of the Whitestone in the parish of KK Malew, sent greeting & xxxx that whereas my brother in law Thomas Tubman of Castletown late deceased did amongst other things by his last will and testament give and bequeath unto my children one dwelling house wherein he then lived, with a garden thereunto belonging situate lying and being in the said town, with the moiety or one half of another house, which stands over against the house lately belonging to Redmond Hewn, being all of the yearly rent of seventeen pence half penny to be disposed of by me, and my late deceased wife Salsbury Norris als Tubman after the death and decease of the said Thomas Tubman’s wife amongst our said children in such manner as we should think most fit and proper; to which the wife of the said Thomas Tubman did in open Court give her full consent and assent, as by the said will bearing the date of the 24th day of July 1683 Registered in the Spiritual Records of this Isle may more fully appear; In pursuance whereof my said wife Salsbury Norris did by her last will and testament bequeath and declare, that her daughter Eliz. Tubman als Norris of the Bowlingreen should have the before mentioned dwelling house (then in the occupation of John Peigot late deceased) wholly to her self; And now to take away all differences and disputes which might hereafter happen or arise, between my said children for or concerning the further disposal of the said houses and garden amongst them; and the better to continue true love and amity betwixt xxx near relations, I do for these and other reasons and consideration hereafter mentioned, hereby will and declar; that my said daughter Elizabeth Tubman shall have hold use occupy possess and enjoy all the said dwelling house and garden, with the moiety of the little house before recited, all of the yearly rent of seventeen pence half penny wholly to her use her Executor and Administrator after my decease forever according to the aforesaid will she paying and satisfying unto the rest of my children their Executors and Administrators the sum of ten shillings apiece when the same is lawfully demanded by them or either of them.
And I do further declare, that the reason and consideration I hope for the settling of the whole premises on my said daughter Elizabeth Tubman is to present any fraction or division to be made therein, but that the same may be continued in one entire holding to avoid all contention and law suit which might happen upon that occasion, and likewise by reason my said daughter Elizabeth not then too well provided for, not hath received so much of either mine or her mother’s part of goods and Estate as the rest of my children have already had, and that she hath assist with the sum of five pounds short for the proffering and xxx of my children, when my occasions required the same. I desire that this my real will and declaration may after my death and decease, stand good in law to all intents and purposes to establish and settle my said daughter Elizabeth Tubman her Executor and Administrator in the quiet and peaceable possession of the present and former Deed or writing heretofore made by me to all and any of my said children or such as might be interpreted to thxxx contrary hereof not withstanding. In witness whereof I hereunto put my hand and seal the 18th February 1709/10. [signed his mark] John Norris. Witnesses: Henery Corrin, Wxxxx Casement.

At Castletown 7th November 1710: This Deed of Gift being proved & confirmed by the Temporal Officers, it is accepted for the last Will of John Norris & his son in law Thomas Tubman is sworn in Court in form of Law. Pledges, John Cannell & John Kewn.

To all Christian people to whom these presents shall come to be received heard or understood, I John Norris of Castletown now of the Whitestone, feltmaker, send greeting. Know ye that I the said John Norris for sundry causes and considerations me thereunto moving but especially out of the natural love and affection which I have and do bear to my well beloved son in law and daughter Thomas Tubman and Margaret his wife, Have given and granted and by these presents doth freely dearly and absolutely give and grant to my said son and daughter all my houses and gardens in Castletown, with all the easements and advantages thereunto belonging (except the barn with the garden belonging thereunto) which I do reserve unto my self during my life, as also all and every my mortgaged lands with all other my goods moveable and immoveable unto my said son and daughter and their heirs, Executors Administrators and Assigns from the day of the date hereof forever, excepting one horse and a cow which I reserve to my own disposing, To have and to hold all the premises above said forever (except as before excepted) provided that all the before recited premises shall fall and come unto the issue that shall be lawfully begotten betwixt the said Thomas Tubman and Margaret his wife my said daughter after the decease of either of them the said Thomas or Margaret or to such child or children of their issue as they shall think for to bequeath the same unto yet nevertheless it shall and may be in the power of the said Thomas and Margaret his wife to set mortgage or sell all the premises or any part of them at any time they shall think fitting, so that the consideration money so received by them for the premises is laid out or otherwise secured for their said issue or such of them as they shall leave the same unto as afore said, and for better assurance hereof I the said John Norris have given and delivered unto them the said Thomas Tubman and Margaret his wife one piece of silver called a shilling in possession of the whole premises according to the usual forms and customs in these xxx. And for the true performances of all and singular thxxxx above and within recited premises I the said John Norris do hereby bind myself my heirs and Assigns in the penalty and forfeiture of one hundred pounds xxxx one half to the use of the Honorable Lord of this Isle and the other half to the said Thomas Tubman and Margaret his wife. In witness whereof I have put my hand and seal this 30th of xxx 1708. [signed his mark] John Norris. Witneses: John Steane, Gilbert Cottigns, William Casement.

At a Sheading Court holden at Castle Rushen 8th June 170x: John Steane, Gilbert Cotteen and Will. Casement the three subscribing witnesses to this deed of gift have deposed in Court the same was signed sealed and lawfully executed by the above Jo. Norris in their presence whereupon the same is allowed of and confirmed according to law. [signed] Robert Mawden, Chris. Parker, J. Row, Wm Sedden."


 

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