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PUBLIC RECORD OFFICE
National Archives
Will of Jonas Blakey Hardisty
537
291
This is the last Will and Testament of me Jonas Blakey Hardisty of Myrtle Grove near Keswick in the parish of Crosthwaite in the County of Cumberland Gentleman give and bequeath unto my oldest son Blakey Hardisty All my part or share or parts or shares rights and interest whatsoever if in or to the carding and ffulling or manufactory joint stock and trade or business carried out at Millbank in the said Parish of Crosthwaite under the names or ffirm of Dover Younghusband and Company And whereas my second son William Hardisty has already received a portion fully adequate to the provision thereby made for my other children I give [?] and bequeath unto my ffriends Daniel Dover of Millbank aforesaid Woolen manufaturer Joseph Dover of Armathwaite in said parish of Crosthwaite Squire and John Younghusband of Browtop in the said parish Yeoman All that my messuage or dwelling house called Myrtle Grove with the outhouses and appurtenances thereinto belonging in and also all and every [?]land and hereditments thereinto belonging in and adjoining and all and every [?] other my real estate whatsoever and wheresoever.
I also give and bequeath unto the said Daniel Dover Joseph Dover and John Younghusband All that my part or share right and interest whatsoever of in and to the Woolen Manufatory joint stock and trade carried on at Keswick aforesaid by Wilson Lightfoot and myself together with my said son Blakey Hardisty under the names or ffirm of Lightfoot and Hardisty. And also all and every the sum and sums of money out and owing to us at the time of my death and all and singular my household furniture goods and chattels and Personal Estate and Effects whatsoever(except my said share in the Woolen Manufactory at Millbank and also except the several articles of furniture which I have already given or disposed of to any of my children and of which a schedule has been already taken and duly signed by me). To hold the said real and personal estate and effects unto the said Daniel Dover Joseph Dover and John Younghusband their heirs executors administrators and assigns according to the nature and quality thereofrespectively Upon the trusts nevertheless and to and for the several intents and purposes hereinafter expressed and declared of and [???]the same/that is to say/Upon trust that they the said Daniel Dover Joseph Dover and John Younghusband or their survivors or survivor of them or their heirs executors or administrators of such survivor
do and shall with all convenient speed after my decease make sale and absolutely dispose of all and singular my said messuages or dwellinghouse lands hereditments and real estate and also my said part or share in the said Manufactory trade or business for the best price or prices which can or may be reasonably obtained for the same and either by public sale or private contract and shall and do make and execute all such acts deeds assignments and assurances as may be requisite for carrying such sale or sales into execution and for conveying and assuring the same hereditments share and premises to the respective purchaser or purchasers thereof And thereby direct and declare that the receipt and receipts of the said Daniel Dover Joseph Dover and John Younghusband or their survivors or survivor of them or their executors administrators or assigns of such survivor shall from time to time be a good and sufficient discharge to the purchaser or purchasers of the same hereditments share and premises for his her or their purchase money or for so much thereof as in such receipt or receipts shall be expressed to be received and that such purchaser or purchasers shall not afterwards be obliged to see to the application of such purchase money or be answerable or accountable for the loss misapplication or nonapplication thereof and upon further trust that the said Daniel Dover Joseph Dover and John Younghusband and the survivors or survivor of them and the executors administrators and assigns of such survivors do and shall sell dispose of and convert into money all such parts of my personal estate thereintofore bequeathed to them as shall not consist of money and collect get in and receive all such sum and sums of money as may be due and owing to meat the time of my decease And as to the monies to arise from the sale or sales of the said hereditments share and premises and of the rents and profits thereof in the meantime and until such sale or sales shall be made as aforesaid and as to the monies to arise and be received by and out of my said personal estate and effects and such other money as I shall be possessed of or which shall be collected or received as aforesaid after deducting and paying there out all necessary charges and expenses incident to or attending such sale or sales as aforesaid or the recovery or receipt of the several debts due to me or otherwise in or about the execution or performance of any of the trusts of this my Will. Upon trust in the first place to pay and discharge all my just debts funeral and testament expenses And as to the residue and remainder of the said monies so to arise and be received by the several ways and means aforesaid Upon trust that they the said Daniel Dover Joseph Dover and John Younghusband and the survivors and survivor of them and the executors administrators and assigns of such survivor shall and do divide the said trust monies into five equal parts or shares and after the same shall have been so divided or considered as divided Upon trust/as to three of the same shares/to reduce the same in value as compared with the remaining two shares of and in the said trust monies to the amount of one hundred and fifty pounds each share and after the same shall have been so reduced then as to one of such three shares on trust to pay the same to my son Jonas Hardisty as to the other of such[?]shares In trust to pay the same unto my daughter Alice the wife of William Phillips Blakey to and for their own sole use and benefit whose receipt alone notwithstanding[?] shall be a good and sufficient discharge to my said trustees for the same And as to the said remaining third share In trust to pay the same to my son John Hardisty And I hereby order and direct the said three shares to be paid to my said three children several children Jonas Alice and John at the expiration of twelve months next after my decease or as soon thereafter as conveniently may be And as to the sum of four hundred and fifty pounds to be produced by the reduction of the three shares in the manner ***fore mentioned And as to the two shares in the said trust monies whereof as such reduction
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shall take place Upon trust that the said Daniel Dover Joseph Dover and John Younghusband and the survivors or survivor of them and the executors administrators and assigns of such survivor shall and do put and place out the same upon Government or real security at interest or otherwise invest the same or any part thereof in the purchase of land or hereditments as to whommy said trustees shall seem advisable and to stand possessed of the stock funds or securities or of the hereditments Upon whichthe same shall have been so invested as aforesaid(subject to the sum of one hundred and fifty pounds to be set apart for the benefit of Bella Dixon
in the manner hereinafter directed In trust for my two children Jane Deborah Hardest and Sarah Dover Hardest and to be paid applied conveyed or disposed of in the manner hereinafter mentioned (that is to say Upon trust that the said Daniel Dover Joseph Dover and John Younghusband and the survivors or survivor of them and the executors administrators or assigns of such survivor shall and do pay and assign the said trust monies and premises or convey the hereditments upon which the same may be invested unto them the said Jane Deborah Hardisty and Sarah Dover Hardisty when and as they shall respectively attain the age of twenty one years provided the same shall not happen within twelve months next after my decease with full power nevertheless for my said trustees or the survivors or survivor of them or the executors administrators or assigns of such survivor in their or his discretion to retain the portions of my said two younger daughters or either of them of and in the said trust monies and promises in the event of my said daughters or either of them marrying without the consent or approbation of my said trustees or the survivors or survivor of them their executors administrators or assigns or otherwise if they my said trustees shall under any circumstances think proper to withhold such shares or share and then and in such case I order and direct my said trustees or the trustees or trustee for the time being of this my Will to stand possessed of the monies and premises intended for the portion or portions of my said younger daughters or daughter or of the stocks funds or securities habitaments and premises upon which the same may be invested In trust to pay and apply the dividends interest and annual proceeds of thre same or such part thereof as may be retained by virtue of the direction aforesaid unto my said daughters Jane Deborah and Sarah Dover or such of them whose portion shall be so retained as aforesaid during the term of the natural life or lives of my said daughter or daughters and after the decease of my said daughter or daughters or such of them whose portion shall be so retained In trust to pay and divide such portions or portion monies estate and premises amongst the respective issue of my said daughters or daughter such issue to take their his or her deceased parents share equally between them if more than one and in case either of my said daughters whose portion shall have been so retained shall depart this life without leaving any lawful issue then In trust to stand seized or possessed of the portion of such of my said daughters as shall so die for the use and benefit of my surviving children equally to be divided amongst them and the issue of such of them as may be then dead such issue to take their deceased parents share equally between them provided always and I herebt declare that it shall and may be lawful to and for my said trustees and the survivors and survivor of them and the executors administrators or assigns of such survivor in the meantime and until the share or shares of any of my said children shall become payable by virtue of the directions of this my Will to pay and allow my said two younger children Jane Deborah and Sarah Dover any such part or proportion of the monies to be received by virtue of this my Will as may be considered necessary for the present maintenance education or support of my said two children and that it shall and may be lawful to
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and for my said trustees or the survivors of them or his executors or administrators or assigns after the said two shares shall be invested for the benefit of my said two youngest children to pay and apply all or any part of the interest or annual proceeds arising from the portion o each or either of my said two younger children owing [?] or their minority or minorities XX any part or parts of their vested share or shares of the said child or children of and [?] in the world so in marriage of either of said children provided also that in case I shall advance any sum or sums of money to any or either of my said children for their advancement in life that [?] and in such case such sum or sums of money shall be deducted from the [illegible] portion [illegible] of the child or children to whom the same shall have been so advanced And as to and [?] the said sum of one hundred and fifty pounds hereinbefore mentioned to be set apart for the benefit of Bella Dixon I hereby direct my said trustees or the survivors of them executors administrators and assigns to stand possessed thereof Upon trust to put and place out the same at interest upon satisfactory scrutiny and to pay the interest and annual proceeds thereof unto my servant Bella Dixon and her assigns during the term of her natural life as a reward for the long and faithful services same to be paid half yearly or the first payment to be made at the end of six months next after my decease and I hereby charge my personal estate with the payment of the half yearly sum of [?] pounds fifteen shillings unto the said Bella Dixon until the said sum of one hundred and fifty pounds shall be received and set apart for the purpose afore said but no longer and after the decease of the said Bella Dixon I order and direct the said sum of one hundred and fifty pounds to be carried to and constitute part of the monies directed to be invested for the benefit of my said two younger children Jane Deborah and Sarah Dover and henceforth to be subject to such and the same trusts and powers as are already expressed and declared continuing the same monies directed to be invested for the benefit of such children provided always and I do hereby declare and direct that if the said Daniel Dover Joseph Dover John Young husband or any future trustees or trustee to be appointed as thereinafter mentioned shall die [?] or become incapable to act in the trusts [?] after declared before the same shall be fully carried into effect then and in such case it shall and may be lawful to an for the surviving or continuing trustees or trustee by any writings or writing under their or his own hands and seals or make and appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying declining or becoming incapable to act and all an every such new trustee or trustees shall and may thenceforth act in the execution of the several trusts aforesaid as fully and effectually in all respects as if they and he had been originally appointed a trustee or trustees by this my Will and I thereby that my said shall and may by and out of the said trust monies from time to time deduct and retain to themselves respectively all the costs and expenses which they or either of them shall or may pay expend or be put unto in or about the execution of the aforesaid trusts and that they shall not be answerable or accountable for the acts receipts or payments of each other but each of them only if his acts receipts payments and wilful defaults and that they or either of them shall not be answerable for any loss or damage which may happen without their wilful default respectively And lastly I do hereby constitute and appoint the said Daniel Dover Joseph Dover and John Young husband joint Executors of this my Will In Witness whereof I have o this my last Will and Testament contained in six sheets of paper subscribed and set my hand and seal(to wit) to the first five sheets thereof my hand and this
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sixth and last sheet my hand and seal also this second day of November one thousand eight hundred and twenty nine
Signed Jonas Blakey Hardisty SEAL
Signed and sealed published and declared by the Estate for Jonas Blakey Hardisty as and for his last Will and Testament/the [orazure?} between the fourteenth and sixteenth lines being first made in the first sheet and the line beginning with the word ‘or’ and ending with the word ‘shares’ being first interlines between the third and fourth lines in the fourth sheet/in the presence of us who in the said Estates present at his request and in the presence of each other have hereunto subscribed our names as witnesses______
Signed George Ansell Attorney at Law Keswick
Isaac Hodgson Manufacturer Keswick
William Dixon Innkeeper Keswick
Proved the 20th Day of November 1830 by Daniel Dover Joseph Dover and John Younghusband the Executors.
I do hereby Certify that the above and the preceding pages contain a true copy of the original Will of Jonas Blake Hardisty of Myrtle Grove near Keswick in the Parish of Crosthwaite in the county of Cumberland and Diocese of Carlisle Gentleman which said Will is now lodged in the Registry of the said Diocese.
Signed: GGMounsey Depty Regr.
On the 17th July 1854 Admon/with the Will annexed of the Goods Chattels and Credits of Jonas Blakey Hardisty late of Myrtle Grove in the Parish of Crosthwaite in the County of Cumberalnd Gentleman deceased was granted to Jane Deborah Beck widow formerly Hardisty Spinster the daughter and one of the Residuary Legatees for life named in the said Will having been first sworn by Commisssion duly to administer Daniel Dover Joseph Dover and John Younghusband the Executors and Residuary Legatees on trust having respectively died without having proved the said Will.
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