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Will - Michael Doak, 3 March 1855

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Will - Michael Doak, 3 March 1855

Transcribed & Compiled by Joan Hunter/Simon Reeve

I have transcribed (to the best of my ability) the following will. I believe this family is somehow related to my gg-grandfather, John Doak, who emigrated to Ontario, Canada, in 1848 from Omagh, Co. Tyrone, with his wife, Jane Atwell. Any connections out there? Joan Hunter Essex, Ontario Canada

"In the Name of God Amen I Michael Doak of Killymore in the Coy of Tyrone Surgeon of the Royal Navy make this my last will and testament in mannor and form following that is to say first I direct all my just debts and funeral & testamentary expenses to be paid and I charge the same on all the property real & personal whereof I may die possessing

I appoint my friends Revd. Thomas Johnson of Liscoble Presbyterian Minister James Hamilton of Newtown Stewart Medical doctor(?) and John Blacker Buchanan of Omagh Esq. all in the Coy of Tyrone and the survivors and survivor of them Executors of this my will and Guardians of the person and fortune of my daughter hereinafter named And I devise and bequeath to them? --- aforesaid Thomas Johnson Jas Hamilton and John Blacker Buchanan and to the survivors or survivor of them and the heirs of such survivor all the Property of whatsoever nature real and personal and wheresoever situate of which I may die possessed subject to my debts funeral & testamentary expenses and the penuiary(?) legacies hereafter bequeathed In Trust -------- and to act for the purposes hereinafter expressed -----ing the same and none other that is to say In Trust to -all in all the debts due to me(?) and to ------ payment of all monies standing in my name in the ------ for ----- ----- ----- the provincial Bank of Scotland at Omagh or elsewhere and to lend(?) out or invest a - Seventeen Hundred pound thereof to such person and upon such security as they may consider sufficient but they shall not be accountable for loss and to pay at(?) the interestof £500 thereof yearly and every year by two half yearly payments on every first May and first November to my beloved wife Catherine Doak alias Fitzsimons during the term(?) of her natural life for her sole and ----rate use without the control of any person whatsoever and to pay the ----- of the remaining Twelve Hundred pounds to my said Wife yearly

and every year by like payments for the support and maintenance of our daughter Mary Jane Doak until sheshall attain the age of 21 years and I desire that my Wife shall have the custody education and guardianship of our said Daughter during her minority if she shall continue unmarried or marry with the approval of my Executors but if my Wife shall marry without such approval she shall cease to have the custody & guardianship of our Daughter who shall be thereafter put under the care and control of such person as my Executors shall select to whom the interest of said sum of £1200 shall thereafter be payable assuring(?) my Daughter's minority towards her maintenance and on this ------ trust that my said Exors shall permit(?) my said Wife to have the use and enjoyment during her natural life of my dwelling house farm and premises in Killymore aforesaid with all the household furniture farming stock implements of husbandry and stops(?) which may be in my possession at the time of my death and confiding(?) it also to their discretion to permit her to dispose ofabsolutely and ------- to her own purposes such parts of the property so bequeathed to her as it may for any cause be expedient so to dispose of but no part thereof shall be so disposed of without their approval and upon the death of my said Wife In Trust to permit my said Daughter to have the use and enjoyment of the aforesaid property or so much of it as may still be undisposed of for her natural life only if she shall die without lawful issue but if she shall have lawful issue or their lawful descendants living at her death then upon her decease to her executors or administrators absolutely for ever as the proper goods and chattels of my said ---- Daughter and as to the aforesaid sum of £500 the interest whereof ------ directed to be paid to my Wife during her life upon her decease I direct my Executors to pay the same interest annually to my said Daughter for life and if she shall have such lawful issue surviving her then I direct such principal sum of a(?) £(?)500 to be paid to the exors or adminors of my said Daughter absolutely as ----- proper goods and chattels of my my said Daughter and as the aforesaid sum of £1200 the interest of which I have directed to be applied towards my Daughter's maintenance during her minority

I order that my said Daughter on attaining her age of 21 years shall be paid Three Hundred pounds thereof absolutely if and when my Wife and Executors shall approve thereof but not otherwise and that the interest of the remaining £900 (or of the ------ £1200 as the case may be shall be paid to her annually by like half yearly payments for her natural life and if she shall have such lawful issue surviving her then that said principal sum of Five Hundred pounds (or Twelve Hundred pounds as the case may be, shall be paid ---- absolutely to the executors or administrators of my said Daughter as ---- as(?) proper goods and chattels and if my said Daughter shall leave lawful issue or as(?) their lawful descendants surviving her it is my will that all the property effects and money hereinbefore bequeathed to her or which may come to her by virtue hereof shall be distributed amongst the lawful issue of my said Daughter or their legal representatives in equal shares per stirpos(?) and not poc rabita(?) without any reference as to whether they may be males or females but if my said Daughter shall not leave lawful issue or their descendants surviving her and if she shall die before she attains the age of forty years or if she shall marry without the approval of my Executors then I direct that all such property effects and money as are hereinbefore bequeathed (save a sum of Five Hundred pounds hereinafter particularly mentioned shall upon her decease go to and be distributed amongst such of my next of kin and in such shares and pro-------- the Law would distribute the same in case I died intestate but if my said Daughter shall attain forty years of age and die either unmarried or married with such approval as aforesaid and without lawful issue surviving her as aforesaid then I direct that she shall have the power of bequeathing by will (only executed/all such property effects and money as she may be ------------ this will (save a sum of £500/ without any restraint or control whatsoever but in the event of her making us such will the ------ (save such sum of £500 to be distributed amongst such of my next of kin and > in such shares and proportions as the Law would distribute the same in case I died intestate

and as to the sum of Five Hundred pounds hereinbefore excepted from the property which may come to my Daughter hereunder I direct that a portion thereof not exceeding One Hundred pounds be paid out in the erection of a School House for the education of the Children of the Congregation attending the Scott(?) Presbyterian Meeting House that the remainder of said sum of £500 be invested on a good security and the annual interest which may accrue therefrom be paid to the Minister and the two senior Elders for the time being of said Congregation and to be applied by them towards the maintenance and repairs of such School House the payment or augmentation of the teacher's salary and the procuration(?) of ----------

thereall I bequeath the sum of five pounds to my Brother Robert Doak of Killymore and the sum of ten (fifteen crossed out) pounds to his Children to be distributed in equal shares amongst them

I bequeath the sum of Five pounds to my Brother John Doak of Ballinamullen and the sum of twenty pounds to the children of my Brother George Doak of Newtown Stewart to be distributed in equal shares amongst them

I bequeath all the rest of my property not hereinbefore disposed of to my beloved Wife and I constitute(?) her my Residuam Legatee

I ------ whereof I have hereunto signed my name this twenty eighth day of February in the year of our Lord 1855 five the word "fifteen" on this page being first obliterated and the word "ten" substituted therefore & the words "her to dispose of absolutely and toward(?) her own purposes on ---- page being first interlined(?) ________ Michael Doak Surgeon Royal Navy _____ signed and acknowledged by the aforesaid Michael Doak the Testator as and for his last Will and Testament in our presence and we have hereunto subscribed our names as witnesses in his presence and in the presence of each other the day and year first above written ______ Isaac Arbuckle ____ James Ellis ___ John Hamilton

Dated this 3rd day of March 1855. (signed) Michael Doak R.N.

The last Will and Testament of Michael Doak late of Killymore in the County of Tyrone Surgeon of the Royal Navy deceased (having and so forth /was provos(?) in Common force of Law and probate as(?) thereof granted by the Most Rev. Father John George and so forth unto the Rev'd. Thomas Johnston of Liscoble Presbyterian Minister and James Hamilton of Newtown Stewart M. ?. both in said County two of the a--- Executors of said will they being first sworn by Commission saving that a--- right of John Blacker Buchanan the other Executor and of every person whatever. Dated the 7th day of August 1855 (signed) M. Keating A. J. Hawkins D: Registrars

Proved at London the 29th Nov'r 1855 before the Judge by the Oaths of the Rev. Thomas Johnston (in the will written Johnson/ and James Hamilton two of the Executors to whom ----- was granted they having been first sworn by Commission duly to administer power reserve of making the like grant of John Blacker Buchanan Esq'r. the other Executor when he shall apply for the same." End of Letter D.

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