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Carter Fearon
I, Carter Fearon, of Gilcrux in the County of Cumberland, Gentleman, do make my last will and testament as follows. First, I give and bequeath to my eldest daughter, Ann Fearon, my best mahogany bedstead with all its furniture and also my best mahogany chest of drawers. And to my Daughter, Mary Fearon, I give and bequeath my best feather bed, oak chest of drawers and birch table with two ends. And all the rest and remainder of my bed linen, bed quilts and blankets I give and bequeath unto and equally amongst my four daughters Anne, Mary, Jane and Elizabeth to have and share alike. To my eldest son, Joseph Carter Fearon, I give and bequeath the silver watch which I usually wear. To my son, Samuel Hall Fearon, I give and bequeath my gold watch with its appendages and I beg that he will preserve and keep it for the sake of his dear, departed mother. To my son, John Fearon, I give and bequeath the watch which belonged to the late Joseph Hall of Gilcrux. And to my son, Henry Hall Fearon, I give and bequeath the watch which belonged to the late Samuel Hall Esquire. And as for all my plate, linen, china, books and pictures in and about my dwelling house at Gilcrux aforesaid not hereintofore specifically bequeathed I give and bequeath the same unto my said son, Joseph Carter Fearon, for his own use and benefit absolutely. I also give and bequeath unto and equally between my said sons, John Fearon and Henry Hall Fearon, as tenants in common the principal sum of two hundred pounds with all interest due or to become due thereon which is secured to me by bond from Joseph Fearon of "Whitelees in the parish of Aspatria and County of Cumberland and, in case of the death of either of them, my said sons, John Fearon and Henry Hall Fearon, I give and bequeath the whole such principal sum of two hundred pounds and interest to the survivor of them and I do hereby declare and direct that the whole of the above mentioned specific and pecuniary legacies shall be paid and delivered to my said several children as and when they shall respectively attain their ages of twenty two years and not sooner. I give and devise unto John Donald Allison of Tallentire in the County of Cumberland, Esquire and Joseph Hall of the City of Carlisle, gentleman, and their heirs, all and every, my freehold lands tenements and hereditaments whatsoever and wheresoever situate with their and every of their rights members and appertenances. And I also give and devise, direct, limit and appoint unto the said John Donald Allison and Joseph Hall and their heirs all and every my customary messuages lands, tenements and hereditaments situate and being at Gilcrux aforesaid in the manor and parish of Gilcrux lately holden by me of Dykes, Lady of the said manor as a customary estate of inheritance parcel of the said manor of Gilcrux and all which said customary premises were sometime since surrendered and conveyed by me to and are now vested in the said Joseph Hall as my trustee for such uses and purposes as I should direct or appoint by my will or otherwise. To hold the same freehold and customary held hereditaments and premises and every part and parcel thereof with their and every of their rights, numbers and appertenances unto the said John Donald Allison and Joseph Hall, their heirs and assigns for ever. Upon the trusts and for the purposes hereinafter expressed and declared of and concerning the same, that is to say upon trust that they, the said John Donald Allison and Joseph Hall and the survivor of them and the heirs and assigns of such survivors do and shall receive and take the rents, issues and profits of all and singular the said freehold and customary hereditaments and premises and of every part and parcel thereof until my said son, Joseph Carter Fearon, shall attain his age of twenty two years and do and shall pay and apply the same (subject and hereinafter mentioned) unto and for the maintenance, education and support of my said son, Joseph Carter Fearon, until he shall have attained his said age of twenty two years and in the meantime do and shall stand seized and possessed of the said freehold and customary hereditaments and premises in trust for my said son, Joseph Carter Fearon, his heirs and assigns. And I do hereby order and direct the said John Donald Allison and Joseph Hall and the survivor of them and the heirs and assigns of such survivor to release surrender and convey all and singular the said freehold and customary hereditaments and premises and every part and parcel thereof unto him, my said son Joseph Carter Fearon, his heirs and assigns upon his attaining his said age of twenty two years. Subject, nevertheless to the payment of one hundred pounds a piece to each of my said three sons Sanuel Hall Fearon, John Fearon and Henry Hall Fearon and my daughter Elizabeth Fearon as and when they shall respectively attain their respective ages of twenty two years which said last mentioned legacies I hereby give and bequeath to them respectively. And, in case of the death of any of them the said Samuel Hall Fearon, John Fearon, Henry Hall Fearon and Elizabeth Fearon before their said legacies shall become payable as aforesaid without leaving lawful issue then I order and direct that the said legacy or sum of one hundred pounds so given to such of them as shall be under the age of twenty two years and without leaving lawful issue shall be paid to the survivors or survivor of them in equal shares and proportions and share and share alike. And I hereby further order and direct that ____ upon the said ____ several legacies after the rate of four pounds per centum per annum shall be paid and applied by my said trustees or trustee for and towards the maintenace, education and bringing up of my said three sons, Samuela Hall Fearon, John Fearon, and Henry Hall Fearon and my daughter Elizabeth Fearon until their several and respective legacies shall be due and payable. And as to all my money, securities for money, household furniture, farming stock and implements of husbandry and all other of my personal estate and effects whatsoever not herein before specifically bequeathed I give and bequeath the same unto the said John Donald Allison and Joseph Hall, their executors, administrators and assigns. Upon the trusts and to and for the ends, intents and purposes hereinafter expressed and declared of and concerning the same that is to say. Upon trust that they the said John Donald Allison and Joseph Hall or the survivor of them, his executors, administrators or assigns shall and do with all convenient speed after my decease sell dispose of and convert into ready money so much or such part of the residue of my personal estate as shall not at the time of my decease consist of money or securities for money and receive, recover and get in all such bills and sums of money as shall be due and owing to me at the time of my decease from any person or persons whereinsoever and shall in the first place pay thereof all my just debts, funeral and testamentary expenses and after full payment and satisfaction thereof then Upon Trust that they, my said trustees or trustee, do and shall lay out and invest in their or his names or name the monies to arise by such sale or conversion and which shall come to their or his hands under or by virtue of the trusts of this my will in the public stocks or funds of Great Britain or upon Governmental securities in England all interest at their or his discretion and shall and do assign transfer and pay all the said trust monies, interests, dividends and annual proceeds thereof unto between and amongst all and every my children who shall be living at the time of decease (save and except an eldest or only son) if more than one equally to be divided between them share and share alike, as tenants in common and if there shall be but one child then to such only child and to his, her and their executors, administrators and assigns for his, her and their proper use and benefit the share, shares of him, her or them respectively to be vested in him, her or them respectively as and when he, she or they shall attain his, her or their age or respective ages of twenty two years and to be paid assigned or transferred to him, her or them respectively at the same respective ages. Provided always and I hereby will and direct that if any such child or children shall depart this life before he, she or they shall attain his, her or their respective age or ages of twenty two years then the share or shares of him, her or them so dying or so much thereof as shall not have been applied and disposed of for his, her or their advancement or preferment in the world in pursuance of the power hereinafter contained for that purpose, shall go, accrue and belong to the survivors or survivor or others and other of such child or children and shall vest in and be assigned, transferred and paid to him, her or them if more than one in equal shares and proportions and if but one then to and in such one child and the respective representatives of such of them as shall have departed this life at such and the same time or times as is hereinbefore declared and expressed relative to his, her or their original share and shares. And so from time to time in case of the decease of any other of my said child or children after the decease of any one or more of them before any such accruing or surviving share or shares shall have become vested in him, her or them and all and every the said accruing or surviving share or shares of such child or children so dying shall be subject to the same or like contingency or quality of accruel as his, her or their original share or shares and the same or so much thereof as shall not have been disposed of or applied for his, her or their preferment or advancement in the world as aforesaid shall go and belong to the other or remainder of the said children or the remaining only child as the case may be and shall be vested in and payable, assignable or transferable to him, her or them respectively at the same time or times as such original share or shares shall, by virtue of this, my will, become vested, assignable or transferable. Provided always and I do hereby will and direct that notwithstanding anything hereinbefore contained in case any such child or children shall depart this life under the age of twenty two years leaving lawful issue of his, her or their body or bodies such issue shall together and ____ _____ have and be entitled and I do hereby give and bequeath to him, her and them respectively such part or share of and in the said trust, premises as his, her or their parent or respective parents would have have had or been entitled to if he, she or they had lived to attain his, her or their respective ages of twenty two although no interest therein shall in the meantime vest in his, her or them so as to enable him, her or them respectively to give or dispose or change or incumber the same until the attainment of that age. And upon this further trust that they, my said trustees and the survivor of them and the executors or administrators of such survivor and their or his assigns or the trustees or trustee for the time being of this my will do and share in the meantime and until the share or shares or presumptive share or shares whether original or accruing of such child or children of and in the said trust monies, funds and securities shall become payable, assignable and transferable to him, her or them respectively may apply and appropriate the same or any part thereof for or towards the maintenance, education and support of such child or children respectively in such a manner as they, my said trustees or trustee or the trustees or trustee for the time being of this my will shall in their or his discretion think proper and lay out and invest the surplus (if any) of such interest, dividends and annual proceeds in their or his account or name in Government or real securities in order that the same may accumulate for the benefit of such child or children. Provided further and it is my will and desire that my said trustees or the trustees or trustee for the time being of this my will if they or he shall think, prefer shall pay, apply or advance any part not exceeding one moity or half part of the expectant or presumptive share or shares of the said children or child or of any of them unto him, her or them or to any other person or persons for his, her or their preferment in life or advancement in the world in such manner as they or he, my said trustees or trustee or for the time being of this my will shall deem advisable or expedient although the portion or portions of such child or children shall not have become vested or payable. Provided always and my will further is that my said trustees or trustee or the survivor of them and the executors or administrators of such survivor and their or his assigns or the trustees or trustee for the time being of this my will shall and lawfully may at any time or times at their or his discretion sell transfer and dispose of the said trust monies and premises and all or any part thereof and lay out and invest the produce or issue or sum of money to arise from such sale or sales, transfer or transfers and all or any monies which shall come to their or his hands in pursuance of any of the trusts aforesaid in any public stocks, funds or parliamentary or real securities at interest in their or his names or name and again from time to time sell assign, transfer and dispose of the said last mentioned stocks, funds and real securities and lay out and invest the monies arising thereby in or upon any new or other stocks, funds or real securities as they, my said trustees or the survivor of them or the trustees or trustee for the time being of this my will, shall think fit and expedient. And all and every such stocks, funds and real securities and the dividends, interest and annual proceeds thereof respectively, shall be and remain upon and for such trusts, intents and purposes and with and subject to such previous provisions and declarations as are hereinbefore mentioned and expressed of and concerning the trust monies as securities hereby given and bequeathed or such and so many of them and shall be there subsisting and capable of taking effect provided always and if is further my will and I do hereby declare and direct that if my said trustees or the survivor of them or the heirs, executors or administrators of such survivors or their or his assigns or the trustees or trustee for the time being to be appointed as hereinafter expressed in their or any or either of their places or place or who shall succeed to the trusts in them or his reposed as representatives of the last survivor of such trustees or of any of them, shall depart this life or shall be desirous to be discharged from or shall refuse, neglect or become incapable to act in the said trusts before the same shall be fully executed and performed then and in that case and as often and as soon as the same shall happen it shall be lawful for the surviving or acting trustees or trustee for the time being or the representative or representatives of the (1631) surviving or acting trustee by any deed or writing under his, her or their hand and seal or hands and seals to be attested by two or more credible witnesses to nominate and appoint any other fit person or persons to supply the place or places of the trustees or trustee respectively who shall so die, desire to be discharged from or refuse, neglect or become incapable to act as aforesaid. And that immediately upon or after such appointment or nomination ___ and ____ the trust, estates, monies, funds, securities and effects whatsoever which shall be then costed under or by virtue of this my will in such trustees or trustee last mentioned shall be respectively conveyed, assigned and transferred so and in such manner that the same may vest in new trustees or trustee either jointly with the surviving or continuing trustee or in such new trustees alone as the case may require and in his or their heirs, executors or administrators upon the trusts and for the intents and purposes and with and subject to the powers, conditions and direction hereinbefore declared or expressed concerning the same respectively or such of them as shall be there subsisting and capable of taking effect. And I do hereby will and declare that all and every such trustees and trustee and his and their respective heirs, executors and administrators shall and may act and assist in the execution of the trusts to which he or they shall so appointed, succeed in conjunction with these surviving or continuing or acting trustee (if any) and if not then by himself and themselves only and respectively as fully and effectually in all respects whatsoever as if they or he had been respectively appointed trustees or trustee by this my will and his or their name or names had been originally herein inserted provided always and I do hereby further will and declare that none of the several trustees hereby nominated or appointed nor the trustees or trustee to be appointed by virtue of the provision last hereinbefore contained or any or either of them or the heirs, executors, administrators or assigns of any or either of them respectively shall be charged or chargeable with or for any more or other money or monies than the same trustees shall respectively actually receive or which shall come to their respective hands notwithstanding he or they shall or may give or sign or join in giving or signing any receipt or receipts for the sake of conformity or for the greater satisfaction only of the person or persons paying the same and that no one or more of them, my said trustees or the trustees to be appointed as hereinbefore mentioned shall be answerable for the others or others of them or the heirs, executors or administrators of the other or other of them but each and every of them for himself only and respectively and for his and their own respective executors or administrators and acts, receipts, neglects and defaults and that they or any or either of them shall not be answerable or accountable for any person with or to whom or in whose hands any part of the said trust monies shall or may be entrusted, paid or deposited for safe custody or otherwise in the execution of the trusts of this my will. And that they or any of them shall not be answerable or accountable for the insufficiency or deficiency in title or value of any security or securities in or upon which the said trust, monies or part thereof shall be placed out or invested at the time of my decease nor for any other loss misfortunes or damage which may happen to the same trust monies or any part thereof except the same shall happen by or through his or their respective wilful acts, neglects or defaults and then and in that case he and they respectively shall singly and alone be answerable for such loss or damage as shall arise from his or their own respective act, neglect or default. And also that it shall be lawful for the trustees in this my will named and all and every future trustees and trustee to be so appointed as aforesaid and their respective heirs, executors and administrators and he and they are hereby authorised and empowered by and account of the monies which shall come to their respective hands by virtue of the trusts aforesaid to deduct, return and reimburse themselves and himself respectively and also to pay and allow to his co-trustee all costs charged, damages and expenses which they or either of them may pay, sustain or be put unto in the execution of the said trusts or any of them or in anywise relating thereto. Provided also nevertheless and I do hereby authorize and empower my said trustees or trustee in case my said son Joseph Carter Fearon shall have attained the age of sixteen years at the time of my decease to retain all or any part of my farming stock and implements of husbandry and to hire and employ any such person as they shall think proper to oversee and manage my said estate hereinbefore given in trust for my said son, Joseph Carter Fearon, until he shall have attained his said age of twenty two years and become entitled to the possession of my said estate and to pay such person such sum or sums of money by way of salary or remuneration as they shall think reasonable until my said son, Joseph Carter Fearon shall have attained his said age of twenty two years and become entitled under the trusts of this my will to the possession thereof. And lastly I do hereby nominate and appoint the said John Donald Allison and Joseph Hall and my said son, Joseph Carter Fearon, executors of this my will provided that my said son, Joseph Carter Fearon, shall not act in the execution thereof until he shall have attained his said age of twenty two years. In witness whereof I have to this, my last will and testament contained on ten sheets of paper to the nine preceeding sheet set my hand and seal this twenty seventh day of October, one thousand, eight hundred and thirty seven - Carter Fearon - signed sealed, published and declared by the within named testator, Carter Fearon, as and for his last will and testament in the presence of us who at his request in his presence and in the presence one of another have hereunto subscribed our names as witnesses
Thomas Hall
Elizabeth Hall
Mary Ann Fearon
Proved 7th May 1838 by John Donald Allison and Joseph Hall two of the joint executors,. Effects under £3000.
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