Episcopal Will 1835 #1, Braddan, John Quane

[From LDS 0106434 ? thanks to Peter Carr]

In the name of God Amen

John Quane of Douglas in the Isle of Man Esquire. Considering the uncertainly of this mortal life. Being of sound and disposing mind memory and understanding and [1] thanks be to God for the same to make public and declare this my last will and testament In manner following that is to say in the first place I own and direct that all my just debts and funeral expenses be paid off and discharged by my executors herein after named as soon after my decease as conveniently can be. I give and bequeath to my son John Joseph Quane the several sums of money I have already advanced to him being upwards of six thousand pounds. I give devise and bequeath unto any executors herinafter named and the survivor of them and the executors and administrators of such survivor all and singular that dwelling house yard and premises now in my own occupation situate in Parade Street in the said town of Douglas. Also all and singular that warehouse yard lands and premises adjoining to my said dwelling house on the southwest. Also all and singular that stable and premises situate at the back of my said own dwelling house. Also all and singular that dwelling house yard and premises adjoining to the said stable and at present in the occupation of Mr Heelis as tenant thereof. Also all and singular that dwelling house yard and premises situate in parade street aforesaid in the occupation of Mrs Williams as tenant thereof. [2] Also all and singular that dwelling house yard and premises situate in Fort Street in the occupation of William Bell as tenant thereof. Also all and singular that new dwelling house outhouses and Garden yard and premises situate in the village of Onchan. Also all and singular of my purchased estates of Ballabroie and Ballaspet situate in the parish of Patrick with the Intacks thereunto belonging bordered on the west by the lands of John Clark on the East by Close Leece. Mr Windles lands on the north by Ballwaharra on the south by Slieauwhallan to have and to hold the said several dwelling house estates warehouse lands and premises with the appurtenances thereunto belonging onto my executors hereinafter named the survivor of them and the executors and administrators of said survivor upon trust to set and in the same from time to time upon Loan or otherwise and to pay over the whole of the rents dues and profits arising there from yearly and every year after debiting all necessary and available charges and expenses which maybe incurred supporting the management of the same. Also debiting all such said sums of money as may be necessary in keeping the whole of the said premises in good and sufficient repair to Martha Quane the wife of my said son John Joseph Quane if she be then living for and during the term of the natural life of the said John Joseph Quane for the maintenance support and benefit of his family free from and not subject to the debts engagements or control of my said son John Joseph Quane the receipt of the said Martha [3] Quane only to be a sufficient discharge to my executors for the payment of the same and In the case of the disease of the said Martha Quane during the lifetime of the said husband. Then upon trust to pay over the whole of the said rents debts and profits to my said Son John Joseph Quane for and during the term of his natural life and upon the decease Of my said son John Joseph Quane either before or after the death of the said Martha Quane his wife then upon trust that my executors hereafter named or The survivor of thou or the executors or the administrators of such survivor shall and Will immediately carry over the whole of the said dwelling house warehouse and Estates lands and premises to the oldest son of the said John Joseph Quane and His heirs and assigns for ever and in case of no sons then to the eldest daughter Of the said John Joseph Quane and her heirs and assigns for ever and in case of no daughter then in trust to pay over the said rents debts and profits of the said dwelling houses warehouses estates lands and premises or such part thereof as my said executors shall in their discretion see proper and necessary towards the Maintenance and support of my son William Quane and his family for and during The term of his natural life and upon his demise upon trust to convey over the Whole of the said dwelling houses warehouses estates lands and premises to the oldest Son of the said William Quane and his heirs and assigns for ever and in case of no Son then to the eldest daughter of the said William Quane. Her heirs and assigns forever and in case of no daughters then in trust to convey over the whole of the said dwelling houses warehouses estates lands and premises to the right heir at law of the said John Joseph Quane and his heirs and assigns for ever and I do hereby order and direct that my executors hereinafter named shall and will [4] Forthwith or as soon after my demise as conveniently can be sold and disposed of the Brewery and premises lately purchased by me from Mr Peter Wright situate at Nantwith in Cheshire and pay out the proceeds thereof debiting all reasonable charges And expenses / at interest and pay over such interest yearly and every year at the same may be received to the said Martha Quane the wife of the said John Joseph Quane if she be then living for and during the term of the natural life of the said John Joseph Quane free from his control debts, or engagements for the maintenance support And benefit of his family the receipt of the said Martha Quane only to be a sufficient Discharge to my executors for the payment of the same - and in case of the decease of the Martha Quane then to pay over the annual interest arising therefore to the said John Joseph Quane for and during the term of his natural life and upon the decease of The said John Joseph Quane / whether before or after the decease of the said Martha Quane/ I give and bequeath the said principle sum arising From the sale of the said brewery to and amongst the lawful issue of the said John Joseph Quane to be divided equally between them share and share alike and in case of no such issue then I give and bequeath the whole of the said principle sum to my Executors hereinafter named and the survivor of them and the executors and administrators of such survivor upon trust to pay over the annual interest arising from such a Principle sum / after debiting all reasonable charges and expenses / all such part or [5] Proportion thereof as my executor **** ******************************** in their Discretion shall think fit for and towards the maintenance and support of my said Son William Quane and his family during the term of natural life but if the said William Quane be then dead or upon his decease then upon trust to pay over the whole of the said principle sum arising from the sale of the said Brewery to and amounst the lawful issue of the said William Quane to be divided equally between them all share and share alike I also give devise and bequeath unto my executors Hereinafter named and the survivor of them and the executors and administrators of such survivor all and singular that herring house yard and premises situate in Parade street aforesaid purchased by me from Mr Ridgway Bridson and his sister Ann Bridson also all and singular that dwelling house hotel stable yard and Premises commonly called the York hotel situate in parade street aforesaid in the Occupation of Matthew Hanby as tenant thereof also all and singular that the Dwelling house yard and premises adjoining to the said York hotel on the North East of present in the occupation of Mr[?s] William Dixon as tenant thereof Also all and singular that small house and premises late Mrs Kewlays situate at the back of the said York hotel also all and singular that small town house adjoining Mrs Williams Stowells premises in Fort Street. Also all and singular that tanyard and premises situate in Drumgold Street in the occupation of John Corran as tenant [6] Thereof also all and singular my two dwelling houses situate in the New Street in the town of Ramsey tenanted by Edward Corran tanner also all and singular my estate land and premises called Ballapadag situate in the parish of Braddan at present in my own occupation bounded by Ballavargher on the South East by the public road by the north east by Kelly's land on the North West and by Hamptons land on the South West also all and singular my estate land and Premises called ???heast situate in the parish of Malew near the new mines and bounded all round by the land of the lord of the manor or of the crown and at present in the occupation of John Cain as tenant thereof to have and to hold the said several dwelling houses hotel herring house tan yard estate land and premises with the appurtenances thereunto belonging unto my executors hereafter named and the Survivor of them and the executors and administrators of said survivor upon Trust and let the same from time to time upon ***** or otherwise and to pay over Yearly and every year the whole of the rents issues and profits arising thereupon or such Part or proportion thereof as my executors in the discretion shall think necessary and proper / after Debiting all necessary and reasonable charges and expenses which my executors may be put to in respect of the management of the same and also Debiting all such sums of money as may be necessary in keeping the said premises in good and sufficient repair / for and towards the maintenance and support of my said son William Quane and his family for and during the term of [7] his natural life and upon his decease in trust that my executors hereinafter named the survivor of them and the executors administrators of such survivor shall and will convey over the whole of the said several dwelling house hotel herring house tan yard estates lands and premises to the first son of the said William Quane and his heirs assigns for over and in case of his sons then to the eldest daughters of the said William Quane and her heirs and assigns for ever and in case of no daughters then in trust to pay over dues and profits of the said dwelling house hotel herring house tan yard estates land and premises to the said Martha Quane if she be then living yearly and every year for and during term of the natural life of the said husband John Joseph Quane for the maintenance and support of his family and for free his control debts Or engagements the receipt of the said Martha Quane only to be a sufficient to My executors for the payment of the same but if the said Martha Quane be then deceased or upon her demise to pay over the rent dues and profits aforesaid to the said John Joseph Quane yearly and every year during the term of his natural life and upon The demise of the said John Joseph Quane upon trust to carry over the whole of The said dwelling house Hotel herring house tan yard estates lands and premises To the oldest son of the said John Joseph Quane. And his and assigns for ever and in place of us sons then to the oldest daughter of the said John Joseph Quane. [8] And his heirs and assigns for ever and in case of no daughters then in trust to carry Over the same to the right heir at law of the said William Quane his heirs and Assigns for ever I do herby order and direct that the whole of my households furniture *** linen *** *** *** crop and other effects be forthwith disposed of by my executors herin after named or as soon after my demise as conveniently and the proceeds thereof after payment of my just debts and funeral expenses. after the aforesaid charges to be laid out at interest and I so herby give and bequeath he same and all the REST RESIDUE and REMAINDERS of my personal estate and effects to my executors herinafter named and the survivor of them and the executors and administrators of such survivors upon trust to lay out the whole of said personal estate after debiting as aforesaid at interest and yearly and every year pay over the one half moiety of the said interest to the said Martha Quane if then living for and during the term of the natural life of the said John Joseph Quane her husband for the maintenance support and benefit of his family free from his control debts or engagements her receipt only to be a sufficient discharge to my said executors for the payment of the same but if the said Martha Quane be then dead or upon her demise then in trust to pay over the said one half or moiety of the said interest to the said John Joseph Quane during the term of his natural life and upon demise he said John [9] Joseph Quane whether before or after the demise of the said Martha Quane then upon trust to pay over the one half or moiety of the said personal estate to and amongst the children of the said John Joseph Quane lawfully begotten equally between them share and share alike and in case of no children then upon trust to pay over yearly and every year the whole of the interest arising from the said one half or moiety of my personal estate or such part or proportion thereof as my executors in there discretion shall think fit for and towards the maintenance and support of my said son William Quane and his family during the term of his natural life and upon the demise of the said William Quane then upon trust to pay over the whole of the said one half or moiety of my personal estate to and amounst the children of the said William Quane lawfully begotten equally between them share and share alike and as to the other half or moiety of my personal estate upon trust to pay over the whole of the interest arising there from or such part or proportion thereof as my executors their direction shall think fit yearly and every year for and towards the maintenance and support of my said son William Quane and his family during the term of his natural life and upon his demise upon trust to pay over the said one half moiety of the whole of the said personal estate to and amongst the children of the said William Quane lawfully begotten equally between them share and share alike and in case of no children upon trust to pay over the whole of the interest arising from such of half or moiety of the said personal estate of the said Martha Quane if then living for and during the term of the natural life of her husband the said [10] John Joseph Quane free from his control debts or engagements for the maintenance and support of his family her receipt only to be a sufficient discharge for the payment or the same but if the said Martha Quane be then dead or upon the decease them upon trust to pay over the said one half or moiety of the said interest yearly and every year to the said John Joseph Quane for during the term of his natural life but if the said John Joseph Quane be then dead or upon his decease upon trust to pay over the whole of the said half or moiety of the said personal estate to amongst the children of the said John Joseph Quane lawfully begotten equally between them share and share alike and lastly I do hereby nominate and appoint my friends John Joseph Heywood Esq. Captain C Bacon and Captain James Hay or any two to be a quorum trustees of this my will and testament and Executors of this while I declare to be my last will and testament hereby revoking All former wills by me made witness whereof I have hereunto containing fourteen pages of paper set my hand and seal this twenty seventh day of August one thousand eight hundred and thirty 1833 John Quane -----------------SS---------- Signed sealed published & declared by the said testator as for this last will and testament in the presence of us ??? at his request in his presence & in the presence of each other have hereunto subscribed our names as witnesses there to Henry Green Douglas ------- William Neale Joiner.

It is hereby my will and wish to be allow and permit of [11] John Corran tanner Drumgold Street to hold the tanyard & and all the pr**** recited for the term of five years free from paying any rent for the time? for the *** por to enable to make every necessary repairs also to make new where wanted to the whole to be finished about the end of the forth year and direct my trustee's to fulfil the same this 20th January 1834 JOHN QUANE.

It is hereby further my will and wish to suffer and permit Mrs Kelly to have the lands and houses called Sreacorley? German for her natural life to hold the same for the yearly rent of two shills manx and direct my trustees to fulfil the same 20th January 1834 JOHN QUANE----------------------- to my trustees Jno Joseph Heywood Caesar Bacon and James Hay Esq.

In a court holden at Douglas the 14th day of February 1834. Caesar Bacon Esq one of the executors named in the forgoing will having appeared in court John Joseph Haywood and James Hay Esq are sworn executors in court in form of law well and truly to fulfil the same and the codicil hereunto annexed which has been duly proved by the oath of Robert Broadman Esq to be in the handwriting of the deceadant John Quane and to these ends F.B. Byne and Boardman Esqs have become bound unto the Lord Bishop and his Successors the sum of five thousand pounds British. Probatum est B Hartwell----------------- Examined by Joseph Brown Episcopal Registrar of the Diocese of sodor and Mann

[12] We William by divine grace Lord Bishop of the diocese of Sodor and Mann so hereby certify whom it may concern that the Reverend Francis Lamothe Hartwell clerk Bachelor of Arts whose name is subscribe to the annexed copy of the last will and testament of John Quane of Douglas in the Isle of Man esquire deceased and attests the said copy is one of our vicars general councillor and officials principal and that the reverend Joseph Brown clerk master of arts who attests the said copy is registrar of our courts and that faith and credit ought to be had and given to the said copy In Testimony whereof we have caused this public certificate to be made and subscribes by our said registrar and our Episcopal seal to be affixed thereof at the Episcopal registry Kirk Michael this twenty first day of April in the year of our lord one thousand eight hundred and thirty four and in the seventh year of our Lord Joseph Brown Episcopal Registrar of the diocese of Sodor and Mann.