Will of James Birtles (died Jan. 1861, aged 64)
(Note: In the 1800’s no punctuation, as we know it today, was in use)
This is the last will and testament of
me James Birtles of Duke Street Douglas in the parish of Braddan in the
Isle of Man I direct the payment of all my just debts funeral and
testamentary expenses I give unto my wife Jane Birtles all my household
furniture plate linen and china my ready money securities for money
credits and all other my personal estate and effects whatsoever and
wheresoever absolutely for her own use and benefit I give and devise
all my freehold copyhold and leasehold messuages or dwelling houses
herediments whatsoever and wheresoever unto Thomas Birtles now living
at Edgehill near Liverpool in England Provision Dealer and my said wife
Jane Birtles their heirs executors administrators and assigns
respectively upon trust to let all my said messuages or dwelling houses
at rack rent and receive the rents and profits thereof and for insuring
the same from and against loss or damage by fire and thereof pay all
expense for the necessary repairs thereof and subject thereto upon
trust to pay the rents and profits of the said trust estates unto my
said wife or her assigns during her natural life for her maintenance
and support or to be applied in such manner as she my said wife from
time to time shall think proper and from and after the decease of my
said wife Jane then I direct that the trustees or trustee for the time
being of this my will do and shall and will by proper deeds assign and
transfer and convey unto my son James Wilson Birtles and my daughter
Eliza Jane Muncaster the wife of George Muncaster their heirs and
assigns my tea houses situate in Juvenal Terrace Cazneau Street
Liverpool in England to be held equally by them as tenants in common
and in case either of my said children should have departed this life
before my said wife and leave lawful issue such issue be equally
entitled to the share of their deceased parent but if no such issue
should be left then the whole of the said houses to become the property
of the survivor And I further direct that the portion of my said
daughter Eliza Jane Muncaster shall be vested in her for her sole and
separate use that the same shall free from the control debts or
engagements of her present or any future husband with whom she may
intermarry provided always and I hereby declare that the said Thomas
Birtles and Jane Birtles or either of them or any trustee or trustees
to be appointed under to supply the vacancy or vacancies his present
provision shall die or be desirous of being discharged from the
aforesaid trusts or shall become incapable or unwilling to act therein
before the same shall be fully performed and it shall be deemed
advisable the vacancy or vacancies trustees then and in such case and
as often as the same be lawful for the surviving or continuing trustee
by any writing under his her or their hand or hands to appoint any
person or persons to be trustee or trustees in the place or stead of
the trustee or trustees so dying desirous to be discharged or becoming
incapable being unwilling to act as aforesaid or as an additional
trustee and that upon or in anticipation of any or every such
appointment or form time to time afterwards as circumstances will
permit the Trust estates money securities and other premises there
subject to the trusts of this my will shall at the expense of the same
estate and premises be transferred and conveyed in such manner
and so that the same may vest in such new trustee jointly with the
surviving or continuing trustee or trustees or in such new trustees
solely as the case may require upon the trusts aforesaid or such of
them as shall be subsisting or capable of taking effect and that every
and such new trustee shall and may act in the management and execution
of the trusts and be invested with the same powers and
authorities as aforesaid as fully and effectively to all intents and
purposes as if he had been originally appointed a trustee in and
by the will provided also and I hereby declare that the trustees for
the time being of this my will shall charged with such monies
only as they respectively shall receive by virtue of the trusts
herein contained notwithstanding their joining or signing any receipts
or doing any other acts for the sake of conformity and no one or more
of them shall be answerable for the other or others of them or for any
involuntary loss which may happen in the execution of the aforesaid
trusts or in relation thereto. And also that it shall be lawful for the
said trustees or trustee for the time being out of the money which
shall come to their his or her hands or hand by virtue of the trusts
aforesaid to retain and allow to each other all costs and expenses
which they or any of them may sustain or incur in or about the
execution of the trusts aforesaid or in relation thereto And I hereby
nominate and appoint my said wife sole Executrix of this my will and
hereby revoking all former or other wills by me at any time heretofore
made I declare this to be my last will and testament only In witness
whereof I the said James Birtles the testator have hereunto set
my hand this twenty fifth day of December One Thousand Eight Hundred
and Sixty
[Signature of James Birtles]
The writing contained in this and the
two
}
preceding pages was signed by the above
named
} [Charles Roberts]
Testator James Birtles as and for his last will in }
the joint presence of us who have
hereunto
}
subscribed our names in his presence at
his request
} [John Findley Jr.]
and in the presence of each other as witnesses heretofore}
Probate Document.
At an Exchequer Court held in Douglas
22nd Feb. 1861 Charles Roberts and John Findley Jr. the
subscribing witnesses to the foregoing paper writing purporting to be
the last will and testament of James Birtles the testator having made
oath on the Holy Evangelist that the testator when of sound mind only
signed and executed the same as and for his last will and testament in
their presence Jane Birtles the widow and relict and executrix therein
named is therefore sworn well and truly to fulfil and execute the said
will according to law and to pay all just debts legacies and funeral
expenses of the testator so far xxx as the goods and effects will
thereto extend and the law xxxx her and to return a true and faithful
inventory thereof with an accurate account of her acts and proceedings
in the premises to the Archdeaconery Registry when thereunto lawfully
required and to these ends she hath given pledges namely Charles
Roberts and George Muncaster both of the Town of Douglas who have
entered with and executed the usual Bond in the presence of the Court .
Probatum Est