Submitted by: | Kay Clegg |
Date: | 23 September 2015 |
Original: | 0106258 |
GELLING, Catherine 1856 Braddan A 18 0106258 Braddan 18. To his worshipful vicar general Corlett etc. etc. 1856 The humble petition of Isabella Gelling of the County of Middlesex spinster Showeth That Catherine Gelling of Craven Hill Bayswater in the county of Middlesex your petitioner's sister some short time since departed this life having first duly made and published her Last will and testament whereof she appointed your Petr and Charles Heard Wild Esquire her Executrix and Executor That your petitioner and the said Charles Heard Wild obtained probate of the said will in the Prerogative Court of Canterbury on the 6th day of September last. That the deceased being at the time of her death entitled to property in this Island it is necessary that the will of the deceased should be received here and the executors sworn to execute the same Wherefore petitioner prays a hearing hereof and that your worship may be pleased to direct your commission? to Henry Webb of the city of London to swear your petition Executor of the said will (saving the right of the said Charles Heard Wild) and petitioner will pray Ridgway Harrison? For petitioner Ordered that this petition do come on to be heard at a Court to be holden at Douglas on Friday next whereof all proper parties are to have due notice Given this sixteenth day of October 1855 T. A. Corlett At an Ecc Court held at Douglas 19 October 1855 Upon hearing this petition in presence of the pe[tinoners]? or their parties and as motion of petitioner’s Advocate it appears that it is necessary for the ends of justice that a commission should issue to London in the county of Middlesex to authorize Henry Webbe Solicitor of the said place to administer the proper oaths to swear in Isabella Gelling the petitioner as admn for will of Catherine Gelling deceased and the same is therefore hereby so ordered adjudged and decreed accordingly. T.A.Corlett Isle of Mann Thomas Arthur Corlett Vicar-General, Chancellor and Official Principal of the Honorable and Right-Reverend Father in god Horatio by Divine permission Lord Bishop Of Sodor and Mann and official of the Venerable Joseph Christian Moore, clerk master of the Acts Archdeacon of said Diocese ? lawfully authorized To Henry Webb of London Esquire Solicitor ? greeting ?? 1856 / 18 Arch See 1886 / 57 Whereas Catherine Gelling late of Craven Hill Bayswater in the county of Middlesex spinster departed this life on or about the 6th of January last past having first duly made and executed her last will and testament whereof she appointed her sister Isabella Gelling spinster and her nephew Charles Heard Wild executrix and executor and whereas the executrix now resides beyond seas and by reason thereof cannot without great inconvenience and expense come to our Ecclesiastical Court and having subscribed into our said court an exemplification of the will of said Cathe Gelling with probate thereon under seal of the prerogative court of York (of which the annexed is a true copy) and by our petition heard on the 17th Octr last prayed administration of the goods, rights, credits, chattels, and effects of said testatrix within this Diocese (saving the right of the said Charles Heard Wild the executor) therefore we did decree a commission to issue forth to you for the purposes hereinafter mentioned in manner and form following (Executrix so requesting) We therefore in aid of the law do give unto you the said Henry Webb full power and authority to administer the annexed oath to the said Isabella Gelling to swear her faithfully to administer the goods rights, credits, chattels and effects of said testatrix in terms of the Will and according to law to pay all the just debts, legacies, and funeral expenses of said testatrix to make a full true and perfect inventory of her estate and to render a just and true account thereof unto the Archdeaconal Registry of said Diocese and further to do in the premises as shall be needful requesting that (such oath being administered) you duly transmit to us the whole proceeding thereon subscribed with your proper hand immediately after the execution thereof, together with these presents, so that we may administer justice in the premises. Given under our hand and seal at Ramsey in the said Isle this 26th day of Novr in the year of our Lord 1855 The form of the oath to be administered to the said Isabella Gelling she laying her right hand on the Bible or New Testament. Testament Your oath is, that you shall well and truly administer the goods, rights, credits, chattels and effects of Catherine Gelling deceased, that are within the Diocese of Sodor and Mann in terms of her will and according to Law by paying first her just debts and funeral expenses and then the legacies therein contained as far forth as the same will thereto extend and the law binds you; and you shall make a full true and perfect inventory of all and singular the said goods rights credits chattels and effects and exhibit the same unto the Archdeaconal Registry of said Diocese and render a just account of your administration thereof when thereunto lawfully required. Isabella Gelling So help you God --- The above oath was duly administered to the said Isabella Gelling at my office No 11 Argyll Street in the County of Middlesex this nineteenth day of December 1855 by me Henry Webb Extracted from the Registry of the Prerogative Court of Canterbury This is the last will and testament of me Catherine Gelling of Craven Hill Bayswater in the county of Middlesex spinster I give and bequeath to my dear sister Isabella Gelling all my leasehold assuages? No. 35 Albemarle? Street within the Liberty of Westminster in the county of Middlesex to hold the same for herself her executors administrators and assigns for all my term? estate and interest thereto in paying the rent and observing and performing all covenants which shall during the said term become due and have to be performed in respect thereof I swear and bequeath to my said sister all my household furniture plate linen china and other household effectsso said about my said house at the time of my demise{origl so Henry Webbe ? Wm Thos Cock} to hold the same unto and for her own absolute use and benefit. I give and bequeath to Sarah Butler the sum of ten pounds and as to all my ready money, money in the public funds or upon mortgage and all other the rest residue and remainder of my real and personal estate and effects whatsoever and wheresoever and over which I have any disposing power I give and bequeath the same to my executors hereinafter named upon trust to invest such part or parts thereof as shall consist of money in some or one of the government or parliamentary stocks or funds of Great Britain or at interest on mortgage of or in the purchase of freehold copyhold or leasehold securities or Railway Bonds or debentures and to continue such part thereof as shall be invested at the time of my death in any manner yielding interest in their then state of investment or to sell and convert the same into money and reinvest the same in the said governments of Parliamentary stocks or funds or at interest as aforesaid and the same stocks funds and securities to alter and vary as often as to them her or him may seem advisable and expedient and upon trust to pay the interest dividends and annual produce thereof unto my said sister Isabella Gelling or to permit her to receive the same for her sole use and benefit for the term of her natural life and from and after her decease do and shall stand possessed of and interested in the said stocks funds and securities upon trust to pay and assign and transfer the same unto and to be divided among such person or persons as my said sister shall by any deed during her lifetime or by her last Will and Testament direct or appoint and in default of any such direction or appointment and so far as any such if incomplete shall not extend then unto between and among all my nephews and nieces who shall be living at the death of the survivor of myself and my said sister share and share alike to and for his her and their own absolute use and benefit and I do hereby declare that the shares made payable to my nieces may be paid to their respective hands notwithstanding covertures and that their receipts alone shall be a sufficient release and discharge to my executors paying the same. Provided always and I further declare that if the trustees hereby appointed or hereafter to be appointed in pursuance of this present trust shall die or renounce or be unwilling or incapable to act in or be desirous to be discharged from the trusts of this my Will before they shall have been all duly performed it shall be lawful for the said Isabella Gelling if living and if not then for the surviving or last continuing trustee or for his or her executors or administrators to appoint any fit person or persons to supply the vacancy or vacancies so accruing in the said trusteeship and that immediately after every such appointment the said trust stocks funds and premises shall be transferred in such manner that the same may trust in such new trustees or trustee subject to the trust aforesaid and that every such new Trustees or trustee as well before as after such transfer shall have and may exercise all the powers and authorities contained in this my will as effectually as if originally herein named as trustees or trustee and further that no one or more of the trustees hereby or hereafter to be appointed shall be answerable or accountable for any other of them or for any money or trust premises received under any receipt in which he or she may join only for conformity or by any means for involuntary losses and that every trustee may retain and be allowed all charges and expenses incurred in the execution of the trusts hereof and I appoint my said sister Isabella Gelling and my nephew Charles Heard Wild Engineer Executrix and Executor and trustees of this my Will in witness whereof I the said Catherine Gelling have to this my last Will and Testament set my hand this first day of April one thousand eight hundred and fifty three --- Catherine Gelling --- Signed and declared by the said Catherine Gelling the Testatrix as and for her last will and testament in the presence of us present at the same time and we in her presence and in the presence of each other have hereunto subscribed our names as witnesses the several erasures against which we have signed our names in the margin hereof having been first ---Henry Webb 11. Argyle Street, London--- Wm Thos Cock his clerk--- The will of Catherine Gelling late of Craven Hill Bayswater in the county of Middlesex spinster deceased was proved at London on the sixth day of September in the year of our Lord one thousand and fifty five before the worshipful John Haggard Doctor of Laws and master keeper or commissary of the prerogative court of Canterbury lawfully constituted by the oath of Isabella Gelling spinster the sister of the said deceased and Charles Heard Wild the nephew of the said deceased the executors named in the said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased they having been first sworn duly to administer Chas Dyneley John Iggulden W.F. Gostling} Deputy registrars. In the name of Good(sic) Amen. Proof of the will to these presents annexed having been heretofore admitted in the Prerogative Court of Canterbury. We, Granville Harcourt Vernon, Master of Arts Commissary and Keeper General of the Exchequer and Prerogative Court of the most Reverend Father in God, Thomas, by Divine Providence Lord Archbishop of York, Primate of England and Metropolitan, do approve of and register the same, and do pronounce, decree, and declare for the validity thereof, and do fully in the Lord by these presents, commit and grand administration of all and singular the goods, rights, chattels of Catherine Gelling late of Craven Hill Bayswater in the county of Middlesex, Spinster (having in her lifetime and at her death bond notabilia in diverse dioceses or peculiar jurisdictions within the province of York) deceased, which were in her life-time and at her death with in the province of York aforesaid to Isabella Gelling spinster, her sister, and Charles Heard Wild, her nephew the Executors in the said will named having first before the worshipful Thomas Spinks, Doctor of Laws, Surrogate of the Right Honorable Sir John Dodson Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted, by virtue of a requisition in that behalf directed taken the oath according to law in that case required (saving any other persons right) Given at York under the seal of our said office this twelfth day of September in the year of our Lord one thousand eight-hundred and fifty five Wm Hudson Deputy Jos. Buckle } Registrars Extracted by Brown & Hotham Proctors York [Oval Seal with the letters L.S within] Ex’d R Brown A.K. At an Ecclesiastical Court held in Douglas on the 22nd day of February1856 The Original last Will and Testament of Catherine Gelling late of Craven Hill Bayswater in the County of Middlesex spinster deceased having been heretofore proved and registered in the Prerogative Court of Canterbury and an exemplification of said will with probate thereon under seal of the Prerogative Court of the Most Reverend Father in God Thomas by divine providence Lord Archbishop of York Primate of England and Metropolitan having been exhibited into this court of Sodor and Mann (of which the annexed is a true copy) by Isabella Gelling the Executrix therein named who prayed administration with said will annexed within this diocese the same is therefore accepted of by this court and administration of all and singular the goods, rights, credits, chattels and effects of said Catherine Gelling with her said will annexed is hereby granted and committed unto the said Isabella Gelling (the like power being reserved for Charles Heard Wild the Executor also named in said will when he shall apply for the same) She having been already sworn (by Henry Webb of London Esquire solicitor by virtue of a special commission to him in this case directed) well and truly to administer the same in terms of said will and according to law, to pay all just debts legacies and funeral expenses of said testatrix so far forth as the goods and effects will extend and the law bind her and also to return to the Archdiaconal Registry of said Diocese a full and perfect inventory of said estate and effects with an accurate account of her acts and proceedings in the premises when thereunto lawfully required and to those ends she hath given pledges namely James George Gelling and John Hodgson late both of Douglas who have executed the usual bond in presence of the Court. Acceptum et Decretum est. T.A. Corlett In Her Majesty's High Court of Justice of the Isle of Man Common Law Division Testamentary Jurisdiction At a Court holden at Douglas on the 25th January, 1886 It appearing that the foregoing official copy or exemplification was accepted by the Ecclesiastical Court of this Isle on the 22nd day of February, 1856 as and for the last Will and Testament of Catherine Gelling, then late of Craven Hill Bayswater in the county of Middlesex spinster deceased and that administration (with her will annexed) if the personal estate within the Isle of Man of the said Catherine Gelling was granted to Isabella Gelling, the executrix herein named power being reserved of making the like grant to Charles Heard Wild the other executor in such will named when he should apply for the same and it further appearing that the said Isabella Gelling has since departed this life without having fully administered the same. This court hath granted administration de bon non/(with her said will annexed) to the unadministered personal estate and effects, (within this Isle) of the said Catherine Gelling deceased to Richard Gelling of 1 Davidson Terrace in the Town of Douglas Esquire and accordingly he is sworn well and truly to administer the unadministered personal estate and effects of the said deceased within this Isle in terms of the said will and according to Land Power reserved of making a grant of probate to the said Charles Heard Wild the other executor in said will incurred where he shall make application for the same WLDrinkwater a Judge in the Law Court Whereas the Ecclesiastical court hath this day granted probate of the will of Catherine Gelling of the city of London deceased to Isabella Gelling of the same city And whereas James George Gelling of the town of Douglas and John Hodgson of the said town have agreed to become pledges for the said Isabella Gelling for the due administration of the said Estate according to law. Therefore know all men by these presents that we, the said James George Gelling and John Hodgson hereby bind and oblige ourselves and our Executors and Administrators as pledges for the said Isabella Gelling for the due and faithful administration of the goods and effects of the said deceased according to law and in their default we bind ourselves and our executors and administrators to be answerable to all parties interested in the said Estate of the administration thereof. Witness our subscription this twenty second day of February 1856 At Vicars Court held at Douglas the 22nd day of February 1856 Taken before me T.A. Corlett Jas G Gelling John Hodgson 18. To the worshipful vicar general Corlett Etc. etc. The humble petition of Isabella Gelling of the City of London Sheweth That Miss Catherine Gelling of the city of London aforesaid your petitioner's sister sometime since departed this life having first duly made and published her last will and testament whereof she appointed your petitioner her executrix --- That sd sister obtained probate of the said will in England --- The deceased being entitled at the time of her death to property in this Isle your petitioner presented her petition to your worship at a Court holden at Douglas on the eighteenth day of October last to have the said will received and praying that your Worship would be pleased to direct your Commission to Henry Webbe of the City of London Solicitor [?] in your Petitioner Executrix under the said Will --- --- That the said Commission was accordingly [?] and [?] since been returned to your Worship duly executed with the [?] [?] --- Wherefore Petitioner prays a hearing hereof and that your Worship may be pleased to [?] in the usual form and Petitioner will pray. [Benjamin?] Harrison [very faint] For Petitioner Ordered that this Petition do [come on ?] to be heard at a Court to be holden at Douglas on Friday next with notices to parties Given this 20th February [1856] T.A. Corlett [Next and last digitized page as follows:] At an Eccl Court held in Douglas On the 22nd day of February 1856 Upon hearing this petition in presence of the parties or their advocates and upon reading the commission issued by this court to Henry Webb of London Esquire Solicitor and also his certificate of having duly accepted the same by administering the oath at the foot thereof to the petitioner Isabella Gelling on the 19th day of December last and she having this day given pledges for the due administration of her officeas Executrix administrator with the will of Catherine Gelling annexedI am of opinion that administration with the will of said Catherine Gelling annexed should now issue to the said Isabella Gelling as prayed for and the same is therefore hereby so ordered and decreed accordingly. T. A. Corlett Transcribers notes: Catharine Gelling of London. Baptized 18 Mar 1789 St. Mathews Douglas d/o Richard Gelling & Deborah Wilks. Spinster. Her younger sister and co-executor Isabella b 1794 died in London 1871. Her nephew and co-executor Charles Heard Wild born about 1819 London was the son of Charles Wild and Catharine's sister Margaret. Richard Gelling, who took over the executorship in 1886 was the son of Catherine's brother Thomas, of the Iron Foundry of Douglas. Richard and his brother James built the iron casts for the Lady Isabella Wheel (1854). James is the "James George Gelling" who, along with John Hodgson, were pledges for Isabella.
Last Modified 23 September 2015