Henry Preston's Deed of Conveyance and Trust

Transcribed line by line from six manuscript images: the deed itself (Parts 1–4) and Registry Office endorsements added between 1870 and 1904 (Parts 5–6). Original spelling, abbreviations and line breaks are preserved.

Part 1 — the deed

Know all men by these presents that Henry Preston of
Ramsey by and with the consent of Ann Preston his wife
testified by her becoming a party hereto for and in
consideration of the sum of five shillings to them in hand
paid by William Isdale of Douglas Postmaster, the receipt
whereof is hereby acknowledged Hath given granted and
passed over & by these presents Do give grant pass over
and sell to William Isdale All & singular the whole
of the lands, building & premises, recently purchased
by me from G.H. Wood Coroner of Middle Sheading and
which were formerly belonging to the late Charles
Moore & are situate in the parish of Santon, Also
all & singular a deed of Bond & Sec[urit]y for £300 passed
to the said Henry Preston by Rob[er]t Moore dated 6 June
1848 & secured on lands in Santon; Also all &
singular a deed of Bond & Sec[urit]y for £160 passed by
Rob[er]t Keig to said Henry Preston dated 12 Nov[ember] 1858
& secured on lands in Malew. Also all & singular
a deed of Bond & Sec[urit]y passed by Thos Kermode & wife and
James Halsall & wife to said
Henry Preston for £130 dated 21 Jan[uar]y 1860. secured
on lands in Onchan. Also all & singular a deed
of Bond & Sec[urit]y passed by John Christian to sd Hy Preston
for £100 dated 30 Nov[ember] 1859 secured on
lands in Bride. Also all & singular a deed of Bond
Rec[eip]t passed by Jno Christian to sd Henry Preston for

Part 2 — continued

£20. dated 7 April 1862. secured on lands in
Bride, Also all & singular a deed of Bond &
Rec[eip]t passed by John Gawne to sd Henry Preston
for £50 dated 23 Nov[ember] 1859 secured on
premises in Ramsey, Also all & singular a deed
of Bond & Sec[urit]y passed by [John?] Gawne to sd Hy Preston
for £50. dated 21 Apr[i]l 1862 secured on
premises in Ramsey, Also all & singular a
deed of Bond & Security passed by [Jas?] Kaighin
to sd Henry Preston for £190. secured on premises
in Ramsey & dated 17 June 1863. Also all &
singular a deed of Bond & Security passed by
William Callister to said Henry Preston for £200
dated 2 March 1867 & secured on lands in
Patrick — Also all & singular a promissory
note for £40 passed to sd Henry Preston by
William Isdale, and also all & singular
any other deeds or securities of any description
belonging to the said Henry Preston. To Have
and To Hold the before described lands buildings
& premises in Santon, and all the before described
deeds & securities of every description, and all
rights & appurtenances to the same severally
belonging to the said William Isdale his heirs and
assigns; In Trust to suffer and permit the said

Part 3 — the trust terms

Henry Preston to enjoy the whole of the rents interest
& profits arising therefrom for & during the term of
his natural life and upon his decease In Trust
to raise out of my Trust Estate the sum of One
Hundred and forty pounds to be applied as follows
One Hundred pounds to be paid to Thomas Fargher
son of Charles Fargher to enable him to get on in
his business, as a Legacy — the sum of Forty
pounds to be divided equally between James
Isdale & Sarah Ann Isdale Children of the said
William Isdale as a legacy — And out of the
balance of my Trust Estate after paying all
costs & charges in carrying the same into
effect to pay my wife Ann Preston the sum
of Fifty pounds per annum for her own use
absolutely for & during the term of her natural
life, and any balance of my Trust Estate then remaining to be paid equally between my
and In further Trust to apply the balance of
the annual Income of my Trust Estate equally
between my daughter Jane Fargher and my
grandson John Preston Fargher share & share
alike as Tenants in Common, and upon the
decease of my said wife and upon the decease
of my said daughter Jane Fargher, then In Trust

Part 4 — conclusion, and signatures

by good & sufficient deed or deeds in Law
to make over and convey the whole of the
remainder of my said Trust Estate principal
& interest, and lands & premises to my grandson
John Preston Fargher his heirs and To Hold
to him his heirs and assigns for ever. It is
hereby declared that we wish this to operate
as a deed and yet as a Will. Witness our names
this 20th day of August 1870 —

Signed & delivered in presence of — Henry Preston × his mark
John Hampton
— Ann Preston × her mark
Margaret McKneail

At Ramsey 20th August 1870. John Hampton, one of the subscribing Witnesses to the before written deed, who is known to me, made oath that Henry Preston and Ann Preston the executing Parties thereto duly signed and executed the same in presence of this deponent and Margaret McKneail the other Witness.

Notes on Parts 1–4

• This deed does two things at once: it conveys land in Santon (bought from George Henry Wood) and assigns a long list of debts owed to Henry Preston — by Robert Moore, Robert Keig, Thomas Kermode and wife, James Halsall and wife, John Christian (twice), John Gawne (twice), [Jas?] Kaighin, William Callister, and William Isdale himself — to William Isdale, to hold in trust.
• William Callister, the debtor named for the £200 bond dated 2 March 1867, shares his name with Ann Preston's second husband, William Callister the shoemaker (see the 1850 marriage and 1852 burial records elsewhere in this collection); whether this is the same man is not stated in the deed and would need independent confirmation. (William Callister the shoemaker had, in any case, already died in 1852 — fifteen years before this bond — so if it is the same name, it cannot be the same person.)
• The trust terms are important to read precisely. Henry Preston retained a life interest in the income. On his death, £140 was to be paid out first (£100 to Thomas Fargher, son of Charles Fargher; £40 divided between James Isdale and Sarah Ann Isdale, William Isdale's children). Of the balance, Ann Preston was to receive £50 per year for her own life. The remaining income was to go jointly to Henry's daughter Jane Fargher and his grandson John Preston Fargher, and after both Ann Preston and Jane Fargher had died, the entire remaining trust estate was to pass outright to John Preston Fargher.
• This document names a daughter (Jane Fargher) and grandson (John Preston Fargher) of Henry Preston that do not appear elsewhere in this collection. Since Jane Fargher already had a son by 1870, she was very likely a child of an earlier marriage of Henry Preston's, predating his 1867 marriage to Ann. The deed provides Ann only a life annuity of £50 a year — it does not name or benefit any of Ann's own children (Quayle, Callister, or Kneale).
• Both Henry and Ann Preston signed by mark (X), as in Henry's 1875 will.

Parts 5–6 — Registry Office endorsements, 1870–1904

Registry Office 23rd August 1870 — I certify that the foregoing Deed was this day at the hour of Three o'clock afternoon received by me at this Office for the purpose of being registered and recorded according to Law and that the same is duly registered and recorded and entered in the requisition book 7 page 143 No 1853. Sam[ue]l J. Harris, Dy Reg.

Registry Office 20 Nov[ember] 1875 — See Release from Thomas Fargher to William Isdale. Dated 20 Nov[ember] 1875 recorded this day & entered in requisition book 8 page. No 1855. Sam[ue]l J. Harris, Dy Reg.

Registry Office 20 April 1891 — See Release to [from?] Jane Fargher & John Preston Fargher to Sarah Ann Isdale. Dated 26 August 1891 recorded this day & entered in [book] April 1891 No 10. Frank J. Johnson, Dy Reg[istra]r.

Registry Office 16 July 1900 — See Bond/Deed from Jane Fargher exec[utrix] of John Preston Fargher to Robert Brew. Dated 11 July 1900 recorded this day & entered in July 1900 No 81. Frank J. Johnson, Dy Reg[istra]r.

Registry Office 10 October 1903 — See Conveyance from Sarah Ann Isdale, Trustee of Henry Preston, to Janet Fargher. Dated 22 July 1903 recorded this day & entered in October 1903 No 123. Frank J. Johnson, Dy Reg[istra]r.

Registry Office 1 October 1904 — See Assignment from Sarah Ann Isdale, Trustee of Henry Preston, to Jane Fargher. Dated 12 July 1904 recorded this day & entered in October 1904 No 38. Frank J. Johnson, Dy Reg[istra]r.

Notes on Parts 5–6

• These later endorsements trace dealings connected with the trust from 1870 to 1904: a 1875 release involving Thomas Fargher; a 1891 release from Jane Fargher and John Preston Fargher to Sarah Ann Isdale (William Isdale's daughter, evidently by then the acting trustee); a 1900 bond/deed from Jane Fargher (as executrix of the now-deceased John Preston Fargher) to a Robert Brew; and two further 1903–04 conveyances/assignments from Sarah Ann Isdale as trustee to a "Janet Fargher" and to "Jane Fargher" — who may be the same person under a variant name, or two different people; the record does not say.
• John Preston Fargher appears to have died before 1900, since Jane Fargher acts as his executrix in the July 1900 entry — meaning the ultimate trust remainder described in Part 4 may not have played out exactly as originally planned.

Summary

On 20 August 1870, Henry Preston of Ramsey, with the consent of his wife Ann Preston, conveyed land in Santon together with some eleven bonds and securities owed to him, to William Isdale of Douglas, Postmaster, to hold in trust. Henry kept the income for life; on his death, legacies of £140 were to be paid first, Ann Preston was to receive £50 a year for life, and the residue of income — and ultimately the whole trust estate — was to pass to Henry's daughter Jane Fargher and grandson John Preston Fargher. The deed was registered on 23 August 1870, and a series of Registry Office endorsements from 1875 to 1904 trace later dealings, principally among the Fargher and Isdale families. This document significantly extends the Preston family picture: it identifies a daughter and grandson of Henry Preston's from before his marriage to Ann, who are not part of Ann's own documented family line.