"This is the last will and testament of Mr.
Edward Moore Gawne of Kentraugh
in the Parish of Rushen in the Isle of Man, Esquire, I being of sound
mind, memory and understanding at the making hereof, and hereby
revoking all wills by me heretofore made. Item 1, I nominate and
appoint my wife Emily Maria Gawne, my son the Reverend Richard Murray
Gawne, (James Gell Attorney for the said Isle: erased; Edward Curphey
Farrant Esquire of Ballakillingan: inserted) to be the executors and
trustees of this my will, they being hereinafter designated the
trustees.
Item 2, to the Vicar and Churchwardens of the said
Parish of Rushen for the time being the sum of two hundred pounds to
be laid out on good security and the . . thereof to be applied for
the benefit of the poor of that Parish.
Item 3, to my wife a carriage
and harness and two carriage houses . . . the mansion house of
Kentraugh . . .
Item 7, to the said Richard Murray Gawne his heirs
and assigns all and singular my estate lands and .. called Crossack
in the Parish of Malew with all the appurtenances now in the
occupation of Thomas Gawne as tenant.
Item 8, to my daughter
Katharine Gawne such sum of money as may at my decease be invested in
the names of myself, the said James Gell and my son in law John
Quayle in the English Government lands called the reduced three
percent c.. said sum to be in full satisfaction of her share of a
legacy of 3000 pounds under the will of my late father and the
interest therein.
Item 9, to the said (James Gell: erased; Edward
Curphey Farrant: inserted) one of the executors of this my will the
sum of one hundred pounds.
Item 10, to my clerk John Chesterman the
sum of fifteen pounds.
Item 14, . . . and so long as the same may be
possess by my heir thereafter if possessed by him under the
provisions hereof and also .. the house and garden hereinafter
mentioned to be possessed by Richard Fargher for life, during his
lifetime . . .
Item 15, provided also and I do hereby declare that
the whole of my real estate (save Kentraugh Mansion house and premises
together with the whole of my estates lands and premises in the said
Parish of Rushen called Kentraugh, Strand Hill, Orrisdale and
Ballacregeen, also save the estate of Crossack in the Parish of
Malew, and the said house and garden to be possessed by the said
Richard Fargher) shall be chargeable with the whole of my debts,
funeral and testamentary expenses . . .
Item 20, and upon trust to
suffer and permit my servant the said Richard Fargher to possess and
enjoy the house and garden now occupied by him during his life . . .
Item 22, to my said wife the sum of one thousand pounds yearly
(exclusive of the annuities payable to her by our marriage settlement
dated the 27th April 1835) the first payment to be due at
my decease, and the subsequent payments to be made thereafter during
her life.
Item 23, to my said wife if she be living at the
determination of her life estate in Kentraugh Mansion house and
premises under the 4th Clause hereof, the sum of five
hundred pounds to enable her to purchase furniture for another house,
as for such of her use as she may thing proper. Item 24, to each of
my sons Eden Heywood Gawne and John Moore Gawne and to each of my
daughters Katherine Eliza Gawne and Anne Margaret Gawne the sum of
one hundred and twenty five pounds yearly, and also to my grandson
Edward Brian Gawne or to such other person who for the time being may
be my heir (as hereinafter described) the like sum of one hundred and
twenty five pounds yearly. Also to my grandchildren Drummond McLeod
Gawne (if not my heir), Emily May Mona Murray Gawne and Ethel Kate
McLeod Gawne the sum of one hundred pounds each yearly, the first
payment of the said several sums to be made at the expiration of six
calendar months after my decease, and thereafter the payments to be
continued to each of my said sons and grandsons until he shall obtain
the full age of twenty three years, and to each of my said daughters
and grandaughters until she shall obtain the full age of twenty one
years or shall marry, whichever event shall first happen. . . .
Item
25, to the said Edward Brian Gawne, or to such other person who for
the time being may be my heir, from the time of his attaining the
said age of 23 years .. he shall under the provisions hereof be
entitled to possessof of Kentraugh Mansion house and premises the sum
of five hundred pounds yearly . . . Item 26, to Mary I. H. Gawne
widow of my deceased son Edward Gawne, until her decease of marriage
whichever even shall first happen, the sum of four hundred pounds
yearly, . . .
Item 27, to my son the said Richard Murray Gawne the
sum of three thousand pounds, and to my son Henry Jephson Gawne the
sum of five thousand pounds, . . .
Item 28, to each of my sons Eden
Heywood Gawne and John Moore Gawne in their severally attaining the
age of 23 years the sum of five thousand pounds, and to my said
grandson Drummond McLeod Gawne on his attaining the said age of 23
years the sum of three thousand pounds.
Item 29, for (in the manner
hereinafter provided) the benefit of each of my daughters Emily
Catherine, wife of John Quayle Esquire, Frances Alicia Mary wife of
the Reverend Robert Dempster Bonner, and Isalen Jane Gawne the sum of
five thousand pounds, the same to be payable or set apart at the
expiration of twelve calendar months after my decease. Also in like
manner for as[?] benefit of each of my daughters Katharine
Eliza Gawne and Anna Margaret Gawne on their severally obtaining the
said age of 21 years of marrying, whichever event shall first happen,
(provided the marriage be with the approval and consent of my said
wife of living or in the case of her decease with the approval and
consent of the guardians or guardian of each daughter but not
otherwise) the sum of five thousand pounds, and also in like manner
for the benefit of each of my granddaughters Emily May Mona Murray
Gawne and Ethel Kate McLeod Gawne in their severally obtaining the
said age of 21 years or marrying, whichever event shall first happen
(provided the marriage be with the approval and consent of the
guardians or guardian of each granddaughter but not otherwise) the
sum of three thousand pounds.
Item 30, to the following persons being
my servants (if in my service at the time of my decease but not
otherwise) and widows of deceased servants the several sums
following, the same to be payable yearly during the respective lives
of each person . . . my butler Jonathan Clarke the sum of ten pounds,
the said Richard Fargher the sum of ten pounds, John Joyner the sum
of ten pounds, John Hudgeon the sum of ten pounds, Margaret French
the widow of Alexander French the sum of ten pounds, Sarah Adie widow
of James Adie the sum of ten pounds, and Watterson widow of Robert
Watterson the sum of seven pounds.
Item 31, provided always and it is
hereby declared that non of my said sons and grandson Drummond McLeod
Gawne until they severally attain the age of 23 years shall have any
vested right in the sum of 5000 pounds to be paid to the said sons
respectively, or is the said sum of 3000 pounds to be paid to the
said grandson . . .
Item 34, provided also that notwithstanding
anything hereinbefore contained the trustees or trustee for the time
being hereunder shall have power to . . for the promotion in life of
either of my said sons Eden Heywood Gawne and John Moore Gawne, or of
my said grandson Drummond McLeon Gawne before the said age of 23
years . . .
Item 35, provided also and it is hereby further declared
that the provision herein made for my said daughter Emily Catherine
Quayle is in full satisfaction my my covenant contained in a certain
indenture dated 28th day of April 1869 and made between
myself of the first part and the said Richard Murray Gawne and Mark
H. Quayle Junior of the second part whereby I bound myself to settle
or bequest by deed a will or sum of money not being less than 2500
pounds on certain trusts for the benefit of my said daughter and her
children and also of her husband. And further that the provision
hereby made for my said daughter Frances Alicia Mary Bonner is in
full satisfaction of my covenant contained in a certain indenture
dated 28th day of April 1869 and made between myself of
the first part and George Husokins[?] Bonnor and John Jones
of the second part whereby I .. myself to settle or bequeath by deed
or will a sum of money not being less than 2500 pounds on certain
trusts for the benefit of my said daughter, her husband and children.
. . .
Item 36,in case my said wife shall die before the said Edward
Brian Gawne or my heir for the time being shall have attained the
said age of 25 years then to make such arrangements as to the
trustees or trustee for the time being hereunder may appear advisable
. . .
Item 40, provided always and it is hereby declared that neither
the said Edward Brian Gawne or Drummond McLeod Gawne (if my heir
under the provisions herein contained) shall have any vested right in
any of the benefits given in the 38th and 39th
Clauses hereof or in the income or property comprised in or affected
by said clauses respectively, . . .
Item 47, provided also and I do
hereby declare that by the designation or expression my
heir as contained in this my will shall be understood the
persons, and in the .. following (that is to say) 1) the said Edward
Brian Gawne, 2) the said Drummond McLeod Gawne, 3) the said Richard
Murray Gawne, 4) the said Henry Jephson Gawne, 5) the said Eden
Heywood Gawne, 6: the said John Moore Gawne, notwithstanding that any
of such persons may . . be my heir at law . . .
Item 65, and I hereby
declare this my will to be made in exercise of the powers contained
in a certain deed of sale of real property in the Isle of Man from me
and my said wife to John Joseph Heywood and William Hinde[or
Hinds] Esquire (both now deceased) and dated the 19th
day of April 1838 which deed of sale is in trust for certain purposes
therein mentioned so far as the said deed may affect the real
property devised by this my will. . . . In witness whereof I have
hereunto subscribed my name . . . this twenty first day of September
1869. [signed] Edwd. M. Gawne. Witnesses: Mona Lucy Pedder,
Henry Hughes. This is a codicil to the foregoing Will: . . .
Item 8,
I direct that the trustees or trustee for the time being under the
said will suffer and permit John Clague formerly my servant to
possess and enjoy the cottage and garden now occupied by him during
his life and pay him yearly during his life the sum of ten pounds. .
. . As witness my subscription this 3rd day of July 1871.
[signed] Edwd. M. Gawne Witnesses: Elizth Emily Murray, Henry
Hughes.
At a Special Ecclesiastical Court held at Kentraugh in the Parish of Rushen in the Isle of Mann on the 20th day of February 1872, Henry Hughes one of the subscribing witnesses to the execution of the foregoing paper writing dated the 21st September 1869 purporting to be the last will and testament of Edward Moore Gawne late of Kentraugh . . . made oath . . . that the said Edward Moore Gawne . . . duly signed and acknowledged the same as and for his last will and testament in his presence and at the same time in the presence of Mony Lucy Pedder the other subscribing witness . . . And the said Henry Hughes one of the subscribing witnesses to the execution of the paper writing dated the 3rd day of July 1872 purporting to be a codicil . . . made oath . . . that the said testator Edward Moore Gawne . . . duly signed and acknowledged the same . . . in his presence and at the same time in the presence of Elizabeth Emily Murray the other subscribing witness . . . And proof having been given in this Court that the erasures on the first and fifth pages of said Will and interlineations inserted . . . were made subsequent to the date of the said Codicil and no proof having been given that said erasures and interlineations were made by the testator . . ., the words and James Gell Attorney General for the Said Isle erased on the first page and the words James Gell erased on the fifth page are to be respectively read as reinstated in the said original . . . probate is not granted of the words Edward Curphey Farrant Esqr. Ballakillingan interlined above said erasure on the first page . . . nor of the words Edwd. Curphey Farrant interlined above said erasure on the said fifth page . . . Mrs. Emily Maria Gawne, widow, the relict of the said deceased and the Reverend Richard Murray Gawne the son of the deceased two of the executors named and appointed in the said Will are therefore sworn well and truly to fulfill and execute said Will and Codicil . . . And to these ends they have given pledges namely Mark Hildesley Quayle of Castletown in the Parish of Malew in said Isle, Esquire, Clerk of the Rolls, and John Senhouse Goldie Taubman of the Nunnery in the Parish of Braddan in said Isle, Esquire, who have entered into and executed the usual bond in the presence of the Court. .. reserved of making the like grant to James Gell Esquire Attorney General for the said Isle the other executor also named and appointed by the said Will when he shall make application for the same. In his Majestys High Court . . . at Douglas the 11th day of August 1732: It appearing that the annexed paper writings dated respectively the 21st day of September 1869 and the 3rd day of July 1871 were proved on the 20th day of February 1872 as the last will and testament with a codicil thereto of Edward Moore Gawne late of Kentraugh in the parish of Rushen, Esquire, who died there on the 8th day of February 1872 and that probate of the said will and codicil was granted to Emily Maria Gawne and Richard Murray Gawne two of the executors named in the said will, power reserved of making a like grant to James Gell the other executor therein named, that the said James Gell died on the 12th day of March 1905 without having applied for the grant of Probate of the said will and codicil to him and that the said Emily Maria Gawne died on the 11th day of March 1889 and the said Richard Murray Gawne died on the 20th day of October 1910 without having fully administered the personal estate and effects of the said Edward Moore Gawne deceased. Administration de bonis non (with the said will and codicil annexed) of the personal estate and effects of the said Edward Moore Gawne deceased is therefore granted to Arthur John Hack[?] of 50 Athol Street in the borough of Douglas, chartered accountant, and accordingly he is sworn well and truly to administer the personal estate and effects of the said deceased so left unadministered in terms of his said will and codicil and according to law."
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