hidden-metaphor

Manx Genealogy

Caesar Bacon Will
In Response To: Re: Brown's Directory ()

I ran across the will of Cpt Caesar Bacon in my files. I know that Shirley Hogensen sent it in to Brian so I suppose it is one of the many that has "fallen off" the list for some reason. I've sent it on to Ian Radcliffe.

!EPISCOPAL WILL Santan 1876 #111 FHL Film #0106483:
The humble petition of Mary Ann Bacon of Seafield in the parish of
Santon spinster.
Sheweth as follows:
1. Caesar Bacon late of Seafield aforesaid Esquire one of Her majesty's
Justices of the Peace and Captain of the said parish departed this life on
the 29th day of May 1876.
2. The said Caesar Bacon on the 9th day of November 1875 duly made and
published his last will and testament whereof he appointed James Gell
of Castletown Esquire Attorney General for the Isle of Man, Ridgway
Harrison of Douglas Esquire Receiver General of the said Isle, and Major
Thomas Richard Teschemaker of Longton Drove Sydenham in the County
of Kent in England executors.
3. The said Caesar Bacon died a widower but leaving him surviving four
children namely John Joseph Bacon, Robert Caesar Bacon, Ann Cornelia
Bacon spinster and your petitioner, and two grandchildren the children of
a deceased daughter namely Henry McDougall and Frances McDougall. The
said four children and two grandchildren are the only next of kin of the
said Caesar Bacon deceased.
4. All the said next of kin except your petitioner reside off this island
and are now absent therefrom.
5. It is necessary to have the said will proved.
Wherefore your petitioner humbly prays a hearing hereof and that
probate of the said will may be granted to the said executors, and that
your petitioner may have such other relief as is meet and she will pray.
W. Gill
Ordered that this petition do come on to be heard at an Eccl Court to be
holden at Douglas on Friday next the 9 June instant. Whereof all proper
parties to have due notice.
Given the 6 June 1876. R. Jebb.
400 lbs 1 Jun 1877 Henry Macdougall Jr
800 lbs 25 Mar 1879 Francis Macdougall
50 lbs 6 Aug 1877 Vicar and Wardens of Santon
100 lbs 7 Jul 1877 Vicar and Wardens of Lezayre
100 lbs 2 Mar 1878 Vicar and Wardens of Braddan
2000 lbs Jun 1889 Marian Agatha Bacon intermarried with Rev John
Veysey with sum given as a settlement to James Stowell Gell of
Castletown and Thomas John Turnbull of Wimborne to hold in trust.
18. To the trustees or trustee for the time being of a certain deed dated
the 16th day of March 1869 whereby I granted a yearly rent charge of the
use of Catherine Isabella Teschemaker now Bacon wife of my said son
John Joseph from the day of their marriage in trust for the purposes in
such deed mentioned the rent charge or yearly sum payable by such deed
so long as the same may be thereby payable such rent charge to be paid
at the several times mentioned in such deed and in case the said John
Joseph should survive his said wife then.
19. To the said John Joseph Bacon from the time of the decease of his
said wife during his life five hundred pounds.
20. To my son Robert Caesar from the time of my decease during his life
one hundred pounds.
21. To my daughter Ann Cornelia from the time of my decease during her
life one hundred pounds to be payable quarterly the first payment to be
made on the first day of January first day of April, First day of July or
first day of October next after my decease. (whichever day shall first
happen)
22. To my daughter Mary Ann from the time of my decease until her
decease or marriage whichever shall first happen two hundred and fifty
pounds.
23. To the person who may be as hereinafter designated my heir and who
may be under the age of twenty five years if he shall be above the age of
twelves years or if not from his attaining such age until he attains the
said age of twenty five years or until his decease (whenever event shall
first happen one hundred pounds such sum being intended specially for
the education of the person entitled thereto - Provided always that if
such person shall proceed to an university the said annuity during his
residence at the university shall be increased to the sum of three
hundred pounds.
24. To the person who may be my heir as hereinafter designated and who
may be of the age of twenty five years or if not from the time of his
attaining such age until he may be entitled under the provisions
hereinafter contained to the residue of the income of the trust property
or to a conveyance thereof or until his decease (whichever event shall
first happen) three hundred pounds.
25. Provided always that as to the annuities payable under the foregoing
clauses numbered 23 and 24 they shall be payable to any child or remoter
issue of the said John Joseph Bacon notwithstanding that he the said
John Joseph Bacon may be living and to any children or remother issue of
the said Robert Caesar Bacon nothwithstanding that he the said Robert
Caesar may be living but as to any person not being the issue of the said
John Joseph Bacon neither of such annuities shall be payable until after
the decease of the said John Joseph Bacon.
26. To each child of the said John Joseph Bacon hereafter to be born
other than his her from the time of the death of the said John Joseph and
until such child attains the age of twenty one years - twenty five
pounds.
27. To each child of the said Robert Caesar Bacon other than his heirs
from the time of the decease of the said Robert Caesar Bacon and until
such child attains the age of twenty one years - twenty five pounds.
28. To my granddaughter Frances McDougall from the time of my decease
until she attains the age of twenty one years - twenty five pounds.
29. All which several annuities shall unless otherwise directed be
payable half yearly on the first day of January or first day of July next
after the time of the commencement of such annuities respectively
(whichever day shall first happen) the proportional part to such day
being paid in the first instance, except in the case of such of the said
annuities as commence at my decease the first half yearly payment in
respect of which annuities shall be payable at the expiration of one
calendar month after my decease and afterwards the proportional part
shall on the first day of January or first day of July next following
(whichever day shall first happen) be paid
Provided always that the proportional part of each annuity from the last
preceding day of payment to the day when it ceases to be payable shall
be paid - Provided also that each annuity shall cease to be payable on the
death of the annuitant.
30. Provided always notwithstanding anything hereinbefore contained
and it is hereby declared with respect to the interest in the said estate
of Seafield hereby given to my son John Joseph, that in as much as the
conduct of my said son for a considerable time past has given me serious
apprehension as to his future proceedings, and as it is an object very
much at my heart both to save the family name from disgrace and that
my said son should be really reformed and occupy his proper position in
this country my said son shall not enter into possession of the mansion
house and premises part of the said estate or any part hereof and he
shall not be entitled to the rents or income of the residue of the said
estate until he shall have resided off this island after my decease for
two years. And that at the expiration of such term of two years he shall
not be entitled to possess such house and premises or receive such rents
or income unless and until the trustees be unanimously of opinion that
he has become reformed and that there is a probability that his reform
will be of a permanent character, it being hereby declared that after my
said son shall have been admitted into the possession of the said house
and premises he shall be entitled to keep such possession and to receive
the said rents and income so long only as he shall conduct himself with
propriety to the satisfaction of the trustees who whenever they may be
unanimously of opinion that his conduct has become disgraceful or
unworthy of a gentleman possession of the said house and premises and
deprive him of the said rents and income and not restore to him again the
same except at such time and subject to such conditions as they with
the view of carrying out my wishes may consider it right to impose and
the trustees shall have at any future time whenever my said son shall
be in possession of the said house and premises the like power of
resuming such possession and depriving him of the said rents and income
and if they see fit the like power of restoring the same to my said son,
it being hereby further declared that in the exercise of the powers given
to the trustees by this clause they shall act in their uncontrolled
discretion and shall not be accountable as to the exercise or non
exercise of such discretion at law or in equity - Provided always that
during the period which may elapse after my decease before my said son
be permitted to enter into possession of the said house and premises the
trustees may if they see fit permit the wife of my said son to occupy
such house and premises or they may let the same or may make such
other arrangements as they may consider necessary for preserving and
protecting the buildings and providing for the cultivation and
management of the gardens, all expenses incurred herein to be paid out
of the income of the trust property and that on any future resumption of
possession by the trustees they may act in like manner.
Provided also that during the time that my said son shall not be in the
actual possession of the said house and premises and in receipt of the
said rents and income the trustees may apply the net profits of the said
estate in the manner declared and provided in the next clause hereof -
Provided also that so long as the said John Joseph shall not be entitled
to receive the annuity by this will continguently payable to him but such
annuity may be applied in like manner as the net profits of the said
estate.
31. Provided always and it is hereby declared without prejudice to the
powers given to the trustees by the clause hereof numbered 30 (which
powers shall continue in full force) with respect to the interest in the
said estate of Seafield hereby given and the annuity hereby continguently
payable to my said son John Joseph (such interest and annuity being
hereinafter in this clause referred to as property given to him by this
will and with respect to the annuity hereby payable to my son Robert
Caesar (such annuity being hereinafter in this clause referred to as
property given to him by this will) that neither of them the said John
Joseph and Robert Caesar shall notwithstanding anything hereinbefore
contained have any vested or absolute right in the property so given to
them respectivley, but that neither of them the said John Joseph or
Robert Caesar encumbering anticipating assigning or disposing of such
property or of a part thereof or in anywise parting with his interest
therein or in any part thereof, or if such property given by this will to
either of them the said John Joseph or Robert Caesar should be at
anytime attached or arrested by or under the process order or judgments
of any court and such attachment or arrest be not received or discharge
within six weeks from the date of any such attachment on arrest, or if
he should become bankrupt or insolvent or his affairs should come into
liquidation or if by any means he should by operation of law or
otherwise be deprived of his interest in such property given to him
hereby or any part thereof then and in every such case as to the said
John Joseph his right to possession of the said house and premises and
to receive the rent and income of the estate of Seafield and to the said
annuity continguently payable to him shall absolutely cease and
determine and such annuity shall cease to be payable and the trustees
shall resume possession of the said house and premises and retain the
rents, issues, and profits of the said estate of Seafield, and as to the
said Robert Caesar his right to the said annuity payable to him shall
cease and determine and the same shall cease to be payable but in the
case of either of my said sons it shall be in the option and under
controlled discretion of the trustees to apply in any manner which to the
trustees may appear advisable for the use of such son or of his wife and
family or of any of them whether by direct payments to him or his wife
or otherwise any sum or sums of money not exceeding in the case of the
said John Joseph the next amount of the rents of the ssid estate of
Seafield and of the amount of the said annuity payable to him (when such
annuity should otherwise have become payable to him hereinunder) and
not exceeding that case of the said Robert Caesar the amount of the said
annuity payable to him hereunder such option and discretion of the
trustees to continue during the lives of the said John Joseph and Robert
Caesar respectively. It being hereby declared that the trustees shall
not be in anywise accountable at law or in equity with respect to the
exercise or non exercise of the options and discretion hereby conferred
on them nor as to the mode of application of any money which the
trustees may see fit to expend or apply on behalf of either of my said
sons as aforesaid.
Provided also that in case at any time either of my said sons shall under
this clause forfeit his interest in the property given to him by this will,
the trustees may at any future time in case they in their uncontrolled
discretion shall see it advisable or prudent annul or revoke such
forfeiture and for the time of the revocation thereof my son whom such
revocation may affect shall be in the like position as if such forfeiture
had not taken place but in such case this clause shall be applicable at
any future time and be in force as if there had been no previous
forfeiture. Provided also that the letting of the house and premises or
any part thereof with the written consent and concurrence of the
trustees shall not be deemed parting with the premises so as to cause a
forfeiture of the interes of the said John Joseph in the said estate.
32.