Eliza Christian Creer, 1905

1905 17				

In the His Majesty’s High Court of Justice of the Isle of Man
Common Law Division      Testamentary Jurisdiction

To His Honour Thomas Leece Esquire Deemster
a Judge of the said High Court

The humble Petition 
of Georgina Elizabeth 
Lewin of No 11 Stanley
Terrace in the borough
of Douglas spinster
and Robert Lewin Cain
of Albany Road in the
said borough of Douglas
gentleman

Sheweth as follows
Eliza Christian Creer late of No 11
Stanley Terrace in the said borough
of Douglas widow died on or
about the 29th day of January 1905
leaving a will in writing bearing
date the 30th day of July 1902 with
a codicil thereto bearing date the
17th day of November 1903 whereof
she appointed your petitioners
executors.

Wherefore your 
Petitioners humbly 
pray a hearing hereof 
and that Your honor 
may be pleased to 
grant to your petitioners
probate of the said will
and codicil and your 
petitioners will pray
etc etc
Louis Kewley
Advocate for petitioners

Ordered that this petition do come on to be heard at a court to be
holden at Douglas on Monday the 13 day of
February 1905 at 10:30 am in the forenoon, whereof
all proper parties and persons to have due notice
Given this 9 day of February 1905

This is the Last will and Testament
of me Eliza Christian Creer of No 11 Stanley
Terrace in the borough of Douglas widow.
I revoke all wills and testamentary dispositions
heretofore made by me and I appoint my daughter
Georgina Elizabeth Lewin and Edward Clague of the
said borough of Douglas accountant executors and
trustees hereof (they and the survivor of them
and the heirs executors and administrators of the
survivor or other the person or persons for the time
being acting under the trusts hereof being
hereinafter included in the designation “my trustees”)
I bequeath to my said daughter Georgina
Elizabeth Lewin for her own absolute use and
benefit my household furniture plate linen glass
china books pictures jewellery wearing apparel and
all other goods and effects in upon or about the
dwelling house in which I live.
I bequeath (1) to my niece Theresa Cain the sum
of ten pounds (2) to my nephew the said Edward 
Clague the sum of ten pounds (3) to my niece
Emily MacDonald the sum of ten pounds and (4)
to Ann Elizabeth Curphey sister of my deceased 
son-in-law the sum of ten pounds.
I devise my dwelling house and premises
No 4 Richmond Grove in the said borough of
Douglas and the residue of my real estate
excepting the real estate hereinafter specifically 
devised and I bequeath the residue of my 
personal estate unto my trustees upon trust
that my trustees shall sell collect or otherwise
convert the same into cash and shall out of
the proceeds of such conversion and out of any
ready money of which I may be possessed at the
time of my death pay my funeral and 
testamentary expenses and debts and the
foregoing legacies and shall divide the residue
thereof into three equal parts and shall hold
the same upon trust for the purposes hereinafter
declared of and concerning the same respectively
one of the said parts and the investments for the
time being representing the same being hereinafter
referred to as “the Georgina Elizabeth Lewin Trust Fund” another
of such parts and the investments for the time 
being representing the same being hereinafter
referred to as “the Matthew Creer Trust Fund”
and the other of such parts and the investments
for the time being representing the same being
hereinafter referred to as “the Curphey Minors
Trust Fund”.

I devise to my said daughter Georgina Elizabeth
Lewin if she be living at the time of my death my
dwelling house stable and premises No 32 Woodbourne
Square in the borough of Douglas and my
dwelling house and premises No 11 Stanley Terrace
in the said borough of Douglas and I direct
my trustees to pay and transfer to my said
daughter Georgina Elizabeth Lewin if she be living
at the time of my death for her own absolute
use and benefit the Georgina Elizabeth Lewin Trust fund
and in case my said daughter Georgina
Elizabeth Lewin predecease me I devise the
said dwelling house and premises No 11 Stanley Terrace
to my grandson Frederick William Curphey
if he attains the age of twenty one years and
his heir and assigns and in case my said
grandson dies under the age of twenty one
years I devise the same to such of the 
children of my late daughter Eliza Christian
Curphey (other than the said Frederick
William Curphey) as shall attain the age
of twenty one years and if only one of such
children attain such age the whole for such 
one. And I direct my trustees to set aside out
of the Georgina Lewin Trust Fund as sum of
six hundred pounds and to invest the same
and to pay the annual income thereof to my
son Matthew Alfred Creer during his life
unless and until some event shall happen
to have happened whereby the said Matthew
Alfred Creer shall be deprived personally
from the enjoyment of the said income or
any part thereof and I declare that my
trustees shall stand possessed of the said
dwelling house stable and premises no 38
Woodbourne Square and the balance of the 
Georgina Lewin Trust Fund and the said sum
of six hundred pounds (subject as aforesaid)
for such of the children of my late daughter
Eliza Christian Curphey including the said
Frederick William Curphey as shall attain the
age of twenty one years and if only one of
such children attain such age the whole for
such one.
I devise my dwelling house and premises
No 12 Prospect Terrace in the said borough of 
Douglas and my dwelling house and premises
No 7 Mona Street in the said borough unto my
trustees and I direct that my trustees shall
stand possessed thereof and also of the
Matthew Creer Trust Fund upon trust for the
following purposes that is to say my trustees
shall if the said Matthew Alfred Creer shall
not by reason of any antecedent bankruptcy
or alienation or charge or attempted alienation
of charge or any other event (whether occurring
in my lifetime or after my decease) be disentitled
personally to receive and enjoy the income of the
Mathew Creer Trust Fund and the rents issues
and profits of the said dwelling house and
premises or any part thereof (the said
income rents issues and profits being hereinafter
referred to as “the said income”) pay the said 
income unto the said Matthew Alfred Creer
during his life or until he shall become bankrupt
or alienate or charge the said income or some part
thereof or attempt so to do or the happening of
any other event disentitling him personally
to receive and enjoy the said income or some part
thereof and after the failure or determination
in the lifetime of the said Matthew Alfred Creer
of the trust in his favour lastly hereinbefore
contained shall from time to time during the
remainder of the life of the said Matthew
Alfred Creer in the absolute and uncontrolled
discretion of my trustees either pay or apply the
whole or any part of the said income as the same
shall accrue for or towards the maintenance
and personal support of all or any one or more to the
exclusion of the others or other of the following
persons namely the said Matthew Alfred Creer
and his wife and issue (whether children or more 
remote) for the time being in existence and if
more than one in such shares and in such
manner as my trustees in their his or her
absolute discretion shall think fit or shall pay
or apply the whole of the said income or so
much thereof as shall not be applied under the
discretionary trust or power lastly hereinbefore
contained to the persons or person of for the
purposes to whom or for which the said income
would for the time being be payable or applicable
if the said Matthew Alfred Creer were then dead
and from and after the death of the said Matthew
Alfred Creer shall pay one half of the said income
to his wife if any survive him during her life
or until she marry again and subject
thereto my trustees shall stand possessed of the
said trust premises and the said income upon
trust for such of the children of the said Matthew
Alfred Creer as shall attain the age of twenty
one years and if only one child attain such
age the whole for such one and in case no
child of the said Matthew Alfred Creer shall
attain such age then in trust as to one half
of the said trust premises for the said Georgina
Elizabeth Lewin if she be living at my death
and as to the other half thereof (and if the
said Georgina Elizabeth Lewin be not living at my
death then as to the whole thereof) for such
of the children of my deceased daughter Eliza
Christian Curphey as shall attain the age of
twenty one years and if only one child attain such
age the whole for such one.
Provided always and I hereby declare that
notwithstanding the foregoing trusts my trustees
may at any time or times convey and assign the
said trust premises or any part thereof to the
said Matthew Alfred Creer for his own absolute
use or may with the consent of the said Matthew
Alfred Creer revoke by deed all or any of the
trusts hereinbefore declared and declare any
new or other trusts of or concerning the trust
premises or any part thereof.
I declare that my trustees shall stand possessed
of the Curphey Minors Trust fund in trust for the
following purposes namely as to one half thereof
for my grandson Frederick William Curphey 
if he attains the age of twenty one years but if
the said Frederick William Curphey dies under
such age then for such of the children of my 
late daughter Eliza Christian Curphey (other
than the said Frederick William Curphey) as
shall attain the age of twenty one years and
if only one of such children attain such age
then for such one and as to the other half
thereof in trust for such of the children of my
late daughter Eliza Christian Curphey) (other
than the said Frederick William Curphey)
as shall attain the age of twenty one years
and if only one of such children attains such
age for such one and if none of such children
attain the age of twenty one years then for the
said Frederick William Curphey his executors
administrators and assigns.
I declare that my trustees may sell the real
and personal estate hereinbefore devised and
bequeathed in trust for sale either together or
in parcels and upon such terms and subject to
such conditions as my trustees may think fit
and buy in any property offered for sale
and may resell the same and may rescind
any contract for sale and generally may
execute and do all such assurances and things
as my trustees may think necessary or advisable.
And I also declare that it shall be lawful for
my trustees to defer and postpone the sale
conversion and collection of the whole or any
part or parts of my said real and personal
estate hereinbefore devised and bequeathed in
trust for sale respectively so long as my trustees
shall in their his or her uncontrolled discretion
deem proper but my real estate shall for the
purpose of transmission be impressed with the
quality of personality from the time of my death
and I empower my trustees during such interval
or postponement to mange and to let upon lease
for any term not exceeding three years or from
year to year my real estate and to make out of 
the income of capital of my real and personal
estate any outlay which my trustees may consider
proper for improvements repairs insurance or
otherwise for the benefit or in respect of my
real estate and I further declare that the net
rents profits and income to accrue from and
after my deceases from such part of parts
of my real and personal estate as shall for the
time being remain unsold or unconverted shall
after payment thereout of all incidental
expenses and outgoings be applied in the
same manner in all respects as if the same were
income arising from such investments as are 
hereinafter directed or authorised.
I declare that any personal estate which for
the time being may be in the hands of my
trustees and require investments may be invested
by my trustees upon the security of real estate
within this Isle or upon any securities in the
Isle of Man or elsewhere upon which trustees may
for the time being be authorised by the law
of the isle of Man or of England to invest
trust monies and that my trustees may vary
such investments at discretion.
I declare that my trustees may apply the
whole or any part at their discretion of any
income to which any minor shall for the time
being be entitled in expectancy or if of full
age would be entitled to in possession under any
of the trusts herein contained for or towards his
of her maintenance or education or otherwise for
his or her benefit and may so apply the same
themselves or may pay the same to the guardian
or guardians of such minors or any other person
for the purposes aforesaid without seeing to the
application thereof and shall during such
suspense of absolute vesting accumulate all the
residue (if any) of such income in the way of
compound interest by investing the same and the
resulting income thereof as an addition to and
so as to devolve as personal estate along with
the share from which the same shall have
proceeded and may resort to the accumulation
of any preceding year or years and apply 
the same for or towards the maintenance or
education or otherwise for the benefit of the minors
for the time being presumptively entitled to the 
same in the same manner as such accumulations
might have been applied had they been income
arising from the original trust property in
the year in which they shall be so applied
I authorise my trustees to let the real estate
hereinbefore devised to them to hold in trust
or any part thereof for any term of years
not exceeding three or from year to year
and subject to such conditions as my trustees
may think fit and to make out of the income
of such real estate or out of the income of any
personal estate held by my trustees upon the
same trusts as those upon which the said
real estate is held any outlay my trustees may
consider advisable for improvements repairs
insurance or otherwise for or in respect of my
said real estate and I also authorise my trustees
to sell the said real estate or any part thereof
either by public auction or private contract
and at such time and subject to such conditions
as my trustees may think fit with power to buy in
any property offered for sale and to resell and
to rescind any contract for sale and generally to
execute and do all such assurances and things
as my trustees may consider necessary or advisable 
and I declare that the net proceeds of any such
sale shall be invested by my trustees upon the
investments hereinbefore directed or authorised
and shall be held upon the same trusts as those
upon which the said real estate was held
immediately preceding the sale thereof
I declare that every gift or deposition
hereby made to or in favour of a female shall be
for her sole and separate use independently of any
husband and of his debts control and engagements
and that her receipt alone for any monies payable
to her under this will shall be an effectual
discharge to my trustees
Provided always and I hereby declare that
the trustees for the time being of this my will
shall be respectively chargeable only for such
monies stocks shares funds and securities
as they shall respectively actually receive
notwithstanding their respectively signing any
receipt for the sake of conformity and shall
be answerable and accountable only for their
own acts receipts neglects and defaults respectively
and not for those of each other nor for any
banker broker auctioneer or other person with
whom or into whose hands any trust monies
or securities may be deposited or come nor for
the insufficiency or deficiency of any stocks
funds shares or securities nor for any other
loss unless the same shall happen through
their own wilful default respectively and also
that the trustees or trustee for the time being
may reimburse themselves and himself or
herself or pay and discharge out of the trust
premises all expenses incurred in or about
the execution of the trusts and powers of this 
my will.
In witness whereof I have hereunto subscribed
my name this thirtieth day of July one
thousand nine hundred and two

Signed and acknowledged by
the said Eliza Christian Creer
as and for her last will and
testament in presence of us		Eliza Christian Creer
who in her presence at her
request and in presence of 
each other have hereunto
subscribed our names as
witnesses
Thos A Kelly
George B Gelling

This is a codicil to the Last Will and 
Testament bearing date the thirtieth day of
July 1902 of me Eliza Christian Creer of
No 11 Stanley Terrace in the borough of Douglas
widow.
Whereas by my said will I have appointed
my daughter Georgina Elizabeth Lewin and
Edward Clague of the borough of Douglas
accountant executors and trustees thereof
Now I hereby revoke the appointment of the
said Edward Clague as one of the executors
and trustee of my said will and I hereby
appoint my nephew Robert Lewin Cain to be
executor and trustee of my said will in the
place of the said Edward Clague
and I declare that my said will and all
the devises and bequests powers and permissions
therein contained (except as hereinafter
provided) shall be construed and read as
if the name of the said Robert Lewin Cain
had been originally inserted therein as an
executor and trustee in place of the said
Edward Clague
Whereas by my said will a sum of
money called the “Curphey Minors
Trust Fund” is vested in my said daughter
Georgina Elizabeth Lewin and the said
Edward Clague and the survivor of them
and the executors and administrators of
the survivor or other the persons or person
for the time being acting under the trusts
of my said Will (hereinafter called the
original trustees) in trust for the purpose
in such will set forth. Now I hereby revoke
the bequest of the said fund called the
Curphey Minors Trust Fund unto the said
Georgina Elizabeth Lewin and Edward Clague
and I bequeath the said Curphey Minors
Trust Fund unto the said Georgina 
Elizabeth Lewin and my grandson Thomas
Christian Curphey To hold to them and 
the survivors of them and the executors and
administrators of the survivor (hereinafter 
called “the new trustees”) upon trust for the 
purposes in my said will declared of and
concerning the same And I declare that
the new trustees shall have all the powers
authorities and discretions which the
original trustees would have had if
the codicil had not been executed.
I revoke the following legacies contained
in my said will namely ten pounds
to Theresa Cain ten pounds to
Edward Clague ten pounds to
Emily MacDonald and ten pounds 
to Ann Elizabeth Curphey
I bequeath to the said Robert 
Lewin Cain the sum of ten
pounds
In all other respects I confirm
my said will
In witness whereof I have
hereunto subscribed my name
this seventeenth day of November
one thousand nine hundred and three
Signed and acknowledged by
the said Eliza Christian Creer
as and for a codicil to her last 
will and testament in presence		Eliza Christian Creer
of us who in her presence at 
her request and in presence of 
each other have hereunto
subscribed our names as
witnesses
????????
Alf H Tyson