Archdeacon Wills 1872, #4, Rushen, of Edward Moore Gawne of Kentraugh, Rushen, made 1869 & 1871:

"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 Majesty’s 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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