| Daniel Creer, 1881
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| Submitted by: | John A Creer
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| Date: | 14 August 2002
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| Original: | LDS: 0106493
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This is the Last Will and Testament of me Daniel
Creer of the Town of Douglas Stone Mason but now
retired from business, I being of sound disposing
mind memory and understanding at the making
hereof.
I hereby revoke all other Wills and Testamentary
writings by me at any time heretofore made and do
declare this only to be my Last Will and Testament
I nominate constitute and appoint my son-in-law
William Karran Kermode of the said Town of Douglas
Coal Merchant Executor and Trustee of this my Will.
I give and devise unto the said William Karran
Kermode his heirs and assigns All that Dwelling
house stable and premises situate at Falcon Cliff
in the said Town of Douglas lately occupied by John
Quirk as tenant with the appurtenances thereunto
belonging Upon Trust nevertheless to suffer and
permit my daughter Jane Crellin wife of Robert
Peel Crellin of the City of Liverpool in the County of
Lancaster England Baker to have the use and
occupation of the same rent free as her residence for
and during her natural life, if she shall for so long
a time personally reside therein and inhabit the
same and upon the said Jane Crellin ceasing to
personally inhabit the same and reside therein at any
time during her life, then Upon Trust to let the said
premises for the best rent obtainable therefore and either
upon Lease or from year to year, as to my said Trustee
may seem best and after payment but of the said
rent of all rates taxes outgoings and other sums of
money legally chargeable thereon and payable in respect
thereof and of all expenses incurred in keeping the same
in repair, to pay over the net rent, as and when the
same shall be received by him unto the said Jane
Crellin for the then remaining term of her natural
life to be enjoyed by her as an inalienable personal
provision for her sole and separate use free from the
control of her said husband and not liable for his
debts or engagements and her receipt for the same
shall notwithstanding coverture be a sufficient
discharge to my said Trustee And from and after
the decease of the said Jane Crellin Upon Further
Trust to make over and convey the said Dwelling
house stable and premises unto such of the children of
the said Jane Crellin as shall be living at her death
and to the issue of any child or children of the said
Jane Crellin as shall have died in her lifetime, his
her and their heirs and assigns in equal shares, but
so that the issue of any child or children then dead
shall take the share to which his her or their parent
would if then living have been entitled. Such issue of
more than one, to take equally - Provided nevertheless
and notwithstanding the preceding trusts, I do
hereby authorise direct and empower the said William
Karran Kermode or any other trustee of this my
Will to raise by way of mortgage upon the said
premises during the lifetime of the said Jane Crellin
should my Trustee consider it desirable and necessary
so to do, such sum or sums of money as he may
think fit for the purpose hereinafter mentioned or to
sell and dispose of the said premises either by public
auction or private treaty, and to the proceeds of such
Mortgage or Mortgages or of such Sale, after deducting
therefrom all expenses attendant thereon, Upon Trust
to apply the same in his discretion, as and when he
shall think advisable, towards the maintenance
and support of the said Jane Crellin and for the maintenance
clothing education and advancement in life of her children
who shall for the time being be under the age of Twenty one
years and unmarried And upon the death of the said
Jane Crellin as to so much of the said proceeds and any
accumulations thereon as shall then be in the hands
of my said Trustee upon Trust to pay over the same
equally to and amongst the children of the said Jane
Crellin living at her death and to the issue of any
child or children of the said Jane Crellin as shall have
died in her lifetime - such issue to take the share
to which his her or their parent would if then living
have been entitled and if more than die, equally
between them; but without any liability on the
part of my said Trustee to render any account of
the said moneys or of the application thereof.
I give and devise unto my son Robert William
Creer his heirs executors administrators and assigns All
and Singular the Dwelling house or Cottages and premises
situate at Falcon Cliff in the said town of Douglas
now in the occupation of Fargher as
tenant, together with a sum of Twenty five pounds.
I give and bequeath unto my son Edward Creer
now in Foreign parts the sum of Five pounds-
I give and bequeath unto the said William Karran
Kermode the sum of One hundred and forty five
pounds Upon Trust at any time or from time to time
during the lifetime of my said daughter Jane Crellin
to apply the whole or such part or parts thereof as and
when my said Trustee shall think advisable, for and
towards the personal and separate maintenance and
support of my said daughter Jane Crellin and for and
towards the maintenance clothing education and advancement
in life of her children as shall for the time being
be under the age of Twenty one years and unmarried
and upon the death of my said daughter as to so
much of the said sum did accumulate thereon as
shall remain unapplied in the hands of my
Trustee at her decease, Upon Trust to pay the same
equally to and between such of the children of my
said daughter as shall be living at her death and
the issue then living of any child or children then
dead. such issue to take equally between them
the share to which his her or their parent would, if
then living, have been entitled, and without my
said Trustee being obliged or liable to render any
account of the said sum or of the application thereof
I give and bequeath to the said William Karran
Kermode the sum of One hundred and twenty five
pounds Upon Trust at any time or from time to
time to apply the whole or such part or parts thereof
as and when he shall think fit and advisable, without
liability to account towards the maintenance, support,
clothing, education and advancement in life of the
two children of my daughter Catherine Ann Wathew
late of Crewe, in the County of Chester, England, deceased
until they respectively attain the age of Twenty one
years and upon the younger of them attaining
that age then as to so much of the said sum
and accumulations thereon as shall then remain and
be unapplied in the hands of my said Trustee Upon
Trust to pay over the same unto the said children
equally, but if only one of them attain that age, then
upon such child attaining that age, to pay over the
whole of such unapplied sum and accumulations to
such child, Provided nevertheless that should both
of the said children die without having attained the
age of Twenty one years, then Upon Trust to pay the
one moiety of such unapplied sum and accumulations
unto Frances Kermode, wife of the said William
Karran Kermode and as to the other or remaining
moiety thereof to hold the same for the benefit of my
said daughter Jane Crellin and her children upon
Trusts like to those hereinbefore expressed and declared
of and concerning the said hereinbefore named sum of
One hundred and forty five pounds.
I give and bequeath to Robert Daniel Kermode,
William Karran Kermode and Fanny Creer Kermode
children of the said William Karran Kermode, All
that Policy of Assurance on my life for One hundred
pounds, granted by the Prudential Assurance company,
dated the 28th day of April 1870 and numbered 13760 and
all moneys assured or to become payable by or under
the said Policy and direct the said William Karran
Kermode my said Trustee, to whom the said Policy has
for a nominal consideration, been assigned by me, to pay
over the moneys payable and to be received thereunder unto
his said children in equal shares.
And as to the rest residue and remainder of my Personal
Estate and Effects I give and bequeath the same
unto the said William Karran Kermode, for his own absolute use and benefit.
And I do hereby direct and declare that if any person
or persons to whom any legacy or legacies or any
payment or payments or any interest pecuniary or
otherwise is or are bequeathed or made payable by this
my Will or who is in any way benefited thereby shall at
any time dispute this validity of this Will or any part
thereof or if any such person or persons shall at any
time refuse to conform my said Will as far as he she or
they lawfully can or to do such acts and things as of
such person or persons can reasonably be demanded for
giving full effect to all or any of such dispositions as
are contained therein or if any proceedings whatsoever
shall at any time hereafter be taken with the consent
or connivance of such person or persons as aforesaid by
means or in consequence of which any estate or interest
could in any way be attainable by any such person
or persons of larger estate or value, than is by this Will
given to him her or them and such proceedings shall not
be at once stayed or resisted by such person or persons as
aforesaid to the full extent of his her or their ability so
to do then and in that case all the dispositions in this
my said Will contained in favor of such person or
persons shall cease and be void to all intents and
purposes whatsoever and are hereby revoked
according by and any legacy or legacies forfeited
as aforesaid.
And I declare that my said Trustee or any other
Trustee of this my Will shall not be answerable for
any Bank or Bankers or other person to whom the
said Trust funds or any portion thereof may be
entrusted for the purpose of or until investment
or for any other loss whatsoever happening
without his own wilful default and shall
be at liberty to retain all expenses incident
to the execution and carrying out of the trusts
and powers of this my Will.
In Witness thereof I the said Daniel Creer
have hereunto subscribed my name this the
Seventh day of July One thousand eight
hundred and eighty one 1881.
Signed published and declared by the
said Testator Daniel Creer as and for
his Last Will and Testament (and
he being blind, the same was first Daniel Creer my + mark
carefully read over to him) in the
presence of us, present at his
request and in the presence of each
other hereto subscribe our names as
attesting witnesses
Claude Cannell
Matthew M Bridson
Whereas the Ecclesiastical court of this Isle and Diocese of Sodor and Mann hath this day granted
probate of the
last Will and Testament of Daniel Creer
late of Douglas in the Parish of Braddan
deceased to William Karran Kermode the Executor
named therein.
And Whereas Robert William Creer of
Douglas in the Parish of Braddan and
Matthew Mathias Bridson of Douglas in the Parish of
Braddan have agreed to become Pledges for the due and faithful
Administration of the said Estate by the said William Karran Kermode
Now, Know all Men by these presents, that we the said Robert William Creer
and Matthew Mathias Bridson hereby bind and oblige ourselves jointly and
severally, and our Heirs, Executors and Administrators, firmly by these presents, as pledges for the said
William Karran Kermode
that he shall well and truly administer all and singular, the Personal Estate and Effects of the said
deceased , according to Law. And in his default we bind ourselves and each of us, our Heirs,
Executors, and Administrators, to be answerable and responsible for the whole to the said Court, and to all
parties interested in the said Estate and Effects, or the administration thereof in the place and stead of
the said William Karran Kermode
Witness our subscriptions this 27th day of October in the Year of our Lord
One Thousand Eight Hundred and eighty one
At a Chapter Court held at Douglas Robert Wm Creer
on the 27th day of October 1881 MM Bridson
The foregoing bond and obligations were duly signed and delivered and
also acknowledged by the executing parties for their proper Act and
Deed Before me R Jubb