Edward Creer, 1912

1912 117				

In the High Court of Justice of the Isle of Man
Common Law Division      Testamentary Jurisdiction

To His Honour Stewart Stevenson Moore Esquire
His Majesty’s First Deemster and a Judge of
The said Division

The humble Petition of Catherine
Margaret Creer and Edward Creer 
of Ballapadag the Cooil Braddan

Sheweth:
Edward Creer of Ballapadag the Cooil Braddan
departed this life on or about the sixth day 
of May 1912. Leaving a will bearing date the 
third day of June 1911 whereof he appointed 
your petitioners executors
Your petitioners are desirous that probate of 
the said Will should be granted to them.

Wherefore your petitioners humbly 
pray a hearing hereof and that
your Honour may be pleased to 
grant probate of the said Will
to your petitioners with such
other and further relief as is meet
and your petitioners will ever
pray etc etc
		Advocate for Petitioners

This is the Last Will and Testament
Of me Edward Creer of Ballapadag The
Cooil Braddan farmer. I revoke all former
Testamentary dispositions and declare this
only to be my Will. I appoint my wife
Catherine Margaret Creer and my son Edward
Creer executrix and executor hereof. I leave
demise and bequeath all my property real 
And personal of whatever kind and
description and wheresoever situate unto 
my said wife and my said son To Hold
to them and the survivors of them and the
heirs executors administrators and assigns
of such survivors and other the trustee or
trustees for the time being hereof (hereinafter
referred to as “my Trustees”) upon trust to permit my
wife to hold use and occupy and enjoy
the same without impeachment for waste
during the term of her natural life and so
long as she shall remain my widow.
And I empower my trustees if the
should find it necessary so to do for the
support of my wife and my infant children
to permit my wife to use and expend such
portion of the capital of my personal estate
as may be required for the purpose aforesaid.
And I authorise my said wife to carry 
on and work the farm, belonging to me
and employ therein the stock implements 
and effects to me belonging. And upon 
the death or remarriage of my said wife
which ever event shall first happen my
trustees shall stand possessed of my real
and personal estate or so much thereof as
shall then subsist upon the following trusts
that is to say I declare that my said 
son Edward shall have the option if he is
so minded by a declaration in writing
within six calendar months after the death
or marriage again of my said wife to
purchase the real estate belonging to me at
such sum as may be agreed upon between
my said son Edward and the rest of my 
said children or failing agreement at a 
valuation of two persons one to be appointed
by my said son Edward and one by my
eldest child then living on behalf of the
other children and an umpire to be 
appointed by such two persons. And in 
case my  said son shall elect to take the
said real estate at the price thereof
ascertained as aforesaid he shall bring
into account such sum in the distribution
of my estate. But if my said son shall
not elect to take the said real estate
as aforesaid my trustees shall put up
my real and personal estate for sale by
public auction and my said son and any
of my said children whether or not a
trustee of this my will shall be entitled
to bid at such auction and become the
purchaser of the whole or any part of
my estate. And as to the proceeds of
the realization of my estate including
the proceeds of my real estate if acquired
by my said son as aforesaid my trustees
shall stand possessed of the same Upon
Trust for all my children including my
said son equally between them share and
share alike as tenants in common I 
declare that any benefits hereby conferred
on any female shall be for her own sole
and separate use and that the benefits
hereby conferred upon my wife are in
lieu and satisfaction of all dower and
widowright in my real and personal
estate. In witness whereof I have
hereunto subscribed my name this third
day of June one thousand nine hundred
and eleven.

Signed published and
declared by the Testator                     Edward Creer
as and for his, last Will
and testament in our
presence who in his presence
and in the presence of
each other have set our
names as witnesses
Ramsey Moore
Advocate
13 Athol St
Douglas
JT Christian
Same address

WHEREAS Edward Creer of Ballapaddag the Cooil Braddan Farmer
(hereinafter referred to as “the Testator”) died on the
sixth day of May 1912 leaving a Will dated the third day
of June 1911 Probate whereof was on the Tenth day of
June 1912 granted at a Court held at Douglas to Catherine
Margaret Creer and Edward Creer the Executrix and
Executor named in this said Will.
AND WHEREAS by his said Will the Testator left devised
and bequeathed all his property real and personal of
whatsoever kind and description and wheresoever situate
unto the said Catherine Margaret Creer and Edward Creer
TO HOLD to them and the survivor of them and the heirs
executors administrators and assigns of such survivor 
upon trust to permit his wife to enjoy the same for her
life and upon her death or remarriage that the said Edward
Creer should have the option of purchasing the Real
Estate of the testator upon the terms in the said Will
set out and as to the proceeds of the realization of his
Estate including the proceeds of his Real Estate upon 
trust for all the children including the said Edward 
Creer equally between them share and share alike as tenants
in common.
AND WHEREAS the said Catherine Margaret Creer died on the
twenty seventh day of July 1937 without having remarried.
AND WHEREAS the Testator left him surviving four children
only namely the said Edward Creer, Matilda Craine,
Lavinia Kelly and Eleanor Coole (hereinafter referred to
as “the Beneficiaries”)
AND WHEREAS the Real Estate of the Testator consisted of the
Estate of Ballapaddag in the parish of Braddan and the
Personal estate of the Testator consisted of a sum of
£727.13.11 the balance of moneys in the hands of the 
said Catherine Margaret Creer.
AND WHEREAS the said Edward Creer exercised the option
so reserved to him in and by the said Will of the Testator
to purchase the said estate of Ballapaddag and the 
price agreed upon between the Beneficiaries and the said
Edward Creer was fixed at the sum of £2450 subject to 
a Deed of Bond and Security chargeable thereon for the
sum of one thousand pounds to be deducted from the 
said purchase price of two thousand four hundred and
fifty pounds.
AND WHEREAS the amount available for distribution amongst
the Beneficiaries is the sum of £2142.13.11 as shown
by the accounts attached hereto.
AND WHEREAS the Beneficiaries have examined the Accounts
of the said Edward Creer the surviving Executor and
Trustee of the said Will of the Testator (hereinafter
called “the surviving Trustee”) and approve the same.
AND WHEREAS the Surviving Trustee has paid to the
Beneficiaries in equal shares the said sum of £2142.13.11
and they have agreed to execute the Receipt and Release
hereinafter contained.
KNOW ALL MEN THEREFORE BY THESE PRESENTS that the
Beneficiaries do hereby own and acknowledge to have 
received from and been paid by the Surviving Trustee
the sum of £2142.13.11 in equal shares being the
balance of the proceeds of the realisation of the
Real and Personal Estate of the Testator as shown by
the Accounts of the Surviving Trustee attached hereto
and to which they are entitled in terms of the said will
of the Testator AND in consideration thereof the
Beneficiaries do hereby release and discharge the Surviving
Trustee and his heirs executors and administrators and
the Estate of the Testator from all actions proceedings
accounts claims and demands whatsoever arising under 
the said Will of the Testator or the conversion sale and
application apportionment appropriate and distribution
thereof or of the proceeds thereof or for or in respect of
the rents interests and income thereof or any other
matter or thing relating to the premises. 
IN WITNESS WHEREOF the Beneficiaries have hereunto
subscribed their name this thirtieth day of April 1938

Signed and delivered
in presence of:-
A Moore			Edward Creer
				Lavinia Kelly
				Eleanor Coole
				Matilda Craine
Registered in the Probate Registry, Isle
of Man this 9th day of May
1928 at 1:15 o’clock afternoon
1932 No 117