Wills 1886 Onchan #117, of Sarah Ann Bennett [als Woodward]

(from MM / LDS 0106502 - thanks to Theresa Simpson)

[Widow of John George Bennett, youngest son of Martha Bennett]

Bennett, Sarah Ann, Will dated the 6 September 1884

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

To His Honor Sir William Leece Drinkwater Knight Deemster Judge of the said Division

Sheweth

That Sarah Ann Bennett of Willaston in the Parish of Onchan some short time ago departed this life having duly made and published her last Will and Testament wherein she appointed your Petitioners Executors

That Petitioners are desirous to be sworn Executors under the said Will in usual form

Wherefore Petioners pray a hearing and that your Honour may be pleased to receive the said Will and grant Probate thereof to Petitioners and they will ever pray

James Spittall

Advocate for Petitioners

Ordered that this Petition do come on to be heard at a Court to be held at Douglas on Monday the 23rd day of July 1886 at 10.30 o’clock in the forenoon whereof all proper parties and persons are to have due and lawful notice
Given at Douglas this 22nd day of July 1886

. . . . . . Drinkwater

I Sarah Ann Bennett of Willaston in the Parish of Onchan being of sound mind memory and understanding at the making and execution hereof do make and publish this paper writing as and for my last Will and Testament in manner following that is to say - - - - - - - - - - - - - - -I leave and bequeath unto my daughters Sarah Georgina Bennett and Eleanor Matilda Steavenson the sum of Fifty pounds each and to Annie Eliza Bennett One Hundred pounds whereof the sum of Fifty pounds is to be considered as a special bequest on account of her attention to her late father

I leave and bequeath my household furniture unto my daughters Annie Eliza and Sarah Georgina so long as they live together but if they cease so to reside the same to be sold and form part of my residuary Estate – And as to the rest residue and remainder of my property both real and personal whatsoever and wheresoever the same may be found I leave devise and bequeath the same unto Thomas Williams of St. Marks Vicarage Cornah Quay in Wales Clerk in Holy Orders and Charles James Woodward of Arley in Staffordshire Esqre their Heirs Executors Administrators and Assigns according to the nature thereof upon Trust as to any Real Estate to make sale thereof by Public Auction or private treaty either in the whole or part at the expiration of five years from my decease or previously at such time as they with the approval of any two of my daughters may consider advisable and convert my personal estate not consisting of money into cash and hold the whole of the proceeds of my real and personal estate and invest and from time to time reinvest the same for the benefit of my said three daughters and pay over the annual income arising therefrom unto them in equal shares the amount payable to the said Eleanor Matilda Steavenson to be paid to her free from the control of her husband or any future husband with whom she may intermarry and upon her decease the interest to be paid to her husband during his life and on his demise the amount to be paid over to the Children of such marriage in such manner and in such proportion as she may by Will or deed appoint and failing such appointment to such children in equal portions and in case of the marriage of either of my said unmarried daughters the one third of the principal amount or the portion thereof to which she may then be entitled shall be paid over to Trustees appointed under a settlement upon such marriage for her sole and separate use with the usual clauses reserving a life interest for her husband in case he survives her and a power of appointment in favour of the children of the marriage and in case there should be no child then upon his decease the amount to be distributed according to the distribution of Intestate Estates as though she had died unmarried but if she survive her husband then the amount to be paid to such person or persons as she may direct by her Will and in case my said unmarried daughters Annie Eliza and Sarah Georgina or either of them whilst unmarried should wish to increase the income derivable from the portion of my Estate by purchase of an Annuity I hereby authorise and empower the said Thomas Williams and Charles James Woodward or any future Trustees or Trustee under this my Will at the request of such unmarried daughter to invest a sum not greater than two-thirds of the amount to which she is entitled in the purchase of an annuity and if no such investment is made upon the death of my said daughters respectively to pay over the whole of the amount to which they are respectively entitled to such person or persons as they may bequeath the same by will and if such investment has been made to pay over the balance of the amount to which they or either of them are so entitled to such person or persons as they may bequeath the same by Will - - - - - - - - - - -

And it is hereby declared that in case the said Thomas Williams and Charles James Woodward or either of them or any Trustee or Trustees to be appointed under the present provision shall die or become unwilling or incapable to act in the aforesaid Trusts it shall be lawful for the Trustees or Trustee for the time being of these presents whether retiring or continuing with the consent in writing of any two of my said Daughters to nominate any person or persons to supply the place or places of such Trustee or Trustees so dying or becoming unable or unwilling to act as aforesaid and that immediately after every such nomination the said Trust Estate and premises hereby assigned or such part thereof as shall remain subject to the Trusts hereof shall rest in such new Trustee or Trustees and such new Trustee or Trustees shall have and may exercise all the powers and authorities hereinbefore contained as effectively and in the same manner as if he had been expressly named therein.

I nominate constitute and appoint the said Thomas Williams and Charles James Woodward Executors of this my Will hereby revoking all and every former Will or Wills at any time heretofore made

In witness whereby I have hereunto subscribed my name this sixth day of September one thousand eight hundred and eighty four

Signed published and declared by the said
Sarah Ann Bennett as and for her last Will
and Testament in our presence and in presence (signed) Sarah Ann Bennett
of each other have affixed the names as

Witnesses hereto

James Spittall
Jno. Blair

[Proof of the Will and approval of Executors run through four more pages] in the course of which I think I recall that Charles James Woodward is recorded as being Sarah Ann Bennett’s brother]