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James Beattie
This is the last will and testament of me James Beattie of Greysouthon in the county of Cumberland Yeoman. I appoint my son William, Isaac FLETCHER of (unable to read) aforesaid gentleman and John (unclear) TAYLOR of Windermere in the county of Westmoreland gentleman to be my Executors and trustees of this my will I order all my just debts funeral and testamentary expenses and the costs and expenses of proving and carrying into execution the trusts of this my will as soon as conveniently may be after my decease whereas in and by the will of my late (unclear) George ASHBURNER of Bowness in the said county of Westmoreland Gentleman deceased said entitled as one of his next of kin to a moiety of the residue of his personal estate and after the estate of John GARSIDE and Jane his wife I am also entitled under the same will to a moiety of certain real estate and to the moiety of the proceeds of the sale of the said estate in case the trustees of the will of the said George ASHBURNER shall at any time hereafter sell and convert the same now I do freely give and devise and bequeath unto my said son William and the said Isaac FLETCHER and John (unclear) TAYLOR their respective sons executors administrators and assigns all my estate (unclear) and entrust both in the real and personal property of the said George ASHBURNER deceased and all my other personal estate and effects whatsoever and wheresoever except my household goods and furniture Plates linen and china which I freely give unto my said wife Elizabeth absolutely upon trust that they my said trustees and the survivors and survivor of them do and shall pay (unclear) all my just debts funeral and testamentary expenses and the costs and charges of proving and carrying into execution the trusts of this my will and do and shall pay unto my sons the said William and also to Jonah and James and to my daughters Elizabeth and Mary each the legacy or sum of 50 pounds to be paid within twelve calendar months after my decease and the further sum of 50 pounds when the life estate of the said John GARSIDE and Jane his wife shall fall in and from and immediately after my decease and after paying out of the share of the residue to which I am now entitled the said debts and first instructed legacies of fifty pounds each and all costs and expenses then upon trust to invest and lay out the clear residue in their names upon the public stocks or funds of Great Britain or at interest upon real or apparently good personal security and from time to time during the life of my said wife to pay unto her or otherwise permit her to receive the costs interest dividends and annual proceeds thereof and on the estate of the said John GARSIDE and Jane his wife to receive the rents and profits of the real estate to which I may now be entitled or in case the same shall have been or shall hereafter be converted by the trustees of the said George ASHBURNER upon trust after paying the said second mentioned legacies of fifty pounds each and all costs and expenses that maybe payable to invest the same as is herein before provided with (unclear) to my present interest in the personal estate of the said George ASHBURNER and to pay unto my wife or otherwise permit her to receive the rents interest dividends and annual profits for and during the term of her natural life and from and after the decease of my said wife then upon trust to pay and divide and distribute the real residue of all my estate and effects unto and equally amongst all my children share and share alike and I declare that if any of them die before such distribution shall take place without leaving lawful issue that the share or shares of him her or them so dying shall go to and be divided amongst the survivors but in case any of them shall so die leaving lawful issue it is my will and mind that the share or shares of him her or them shall go to and be divided amongst such issue in equal shares such issue taking their deceased parent share only and I declare that the share or shares to which other of my said daughters or any female shall be entitled under my will shall be received by them separately and apart from their respective husbands and that such share or shares shall not in anywise subject to their debts engagements or control I declare that the receipts in writing of my said trustees or the survivors or survivor of them shall be good and sufficient discharges for all monies received by them under or by virtue of the trusts of this my will and they shall respectively discharge all persons taking such receipts from all responsibility as to the application misapplication or non application of the money herein expressed to be received I also declare that any said trustee shall not be answerable or accountable for each others acts or deeds but each for his own only and that they shall have full power to alter vary and transpose the stocks funds and securities upon which any part of the said trust bequests shall be invested into other stocks trusts securities of a like nature without being answerable for any loss to be occasioned thereby I further declare that my said trustees shall not be answerable for any loss which may happen to the trust estate without the same happen by their wilful default and that they shall have full power to deduct retain and reimburse himself and themselves all costs and expenses which he or they may be put to in or about the execution of the trusts of this my will and also a reasonable compensation for loss of his or their time or trouble professional or otherwise I divide unto my said trustees all estates vested in me upon trust or byway of mortgage subject to the equities affecting the same. I evoke all former wills by me made and declare this about to be my last will and testament in writing whereof I have to this my last will written on four sheets of paper set my hand at the foot or and hereof and also at the foot of each of the three proceeding sheets the twentieth day of August in the year of our lord one thousand eight Hundred and fifty two. JAMES BEATTIE (signature)This will was signed at the foot as customary by the said testator James BEATTIE in the presence of us who at the request in his presence and in the presence of each other have (unclear) subscribed our names as witnesses signed H.A Fletcher engineer Greysouthen Henry OSTLE Shoemaker Greysouthen
PROVED in the consistory court of Lancaster on the fifth day of July one thousand eight hundred and fifty four by Isaac FLETCHER and William BEATTIE two pf the executors herein named power being reserved for John (unclear) TAYLOR the other executor herein named. Signed A SHARPE Deputy Registrar
Proved at London 18th August 1854before the judge by Isaac FLETCHER one of the executors to whom admon was granted he having first made and (unclear) a (unclear) and (2 words unclear) or affirmation according to act of parliament admon duly to administer power reserved of making the life grant to William BEATTIE the son and John (Biest) TAYLOR the other executors when they shall apply to the same.
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