Will of JB


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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