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Joseph Fearon
This is the last will and testament of one Joseph Fearon of Gilcrux in the County of Cumberland, yeoman which I make as follows that is to say I give and bequeath unto my wife Margaret, late Margaret Richardson Widow one feather bed, bedstead, bedding and hangings for the term of her natural life. I give and bequeath unto my daughter, Mary Ann Fearon my best feather bed, bedstead hangings and bedding belonging thereto also my mahogany chairs mahogany tables, mahogany chest of drawers, best set of china and buffette or corner cupboard in which the china are generally kept. Also I give and bequeath unto my son John Fearon, after my wife's decease, the feather bed, bedstead, bedding and hangings heretobefore given to her also my mahogany writing desk clock and case. Also I give and devise my freehold and customary messuages and tenements with the land tithes and hereditaments therewith. Occupied and enjoyed and thereunto belonging or appertaining situate lying and being at Gilcrux in the parish of Gilcrux in the said County. The customary part of the said messuages tenements and lands I have lately surrendered and conveyed for the uses and purposes as I should by any deed or will appoint that is to say our messuage and tenements with the appurtenances of the yearly customary rent of three shillings and four-pence and ___ ___ or parcels of land called Ellenbanks of the apportioned yearly customary rent of seven pence are now vested in William Tyson of Whitehaven in the said County, millwright and holder by him under Joseph Dykes Ballantine Dykes Esquire and Mary his wife in her right as parcel of the manor of Gilcrux. One other customary messuage or dwelling house outbuildings and garden and two parcels of land which I lately purchased of Mrs Susannah Sim of the yearly customary rent of three shillings is now vested in my said daughter Mary Ann for the purposes aforesaid and holden by her under the said Joseph Dykes Ballantine Dykes and Mary his wife in her right as parcel of the said manor of Gilcrux. Also certain other customary messuages or dwelling houses and several parcels of land with the appurtenances situate at Gilcrux aforesaid and holden of the Vicar of Gilcrux by payment of the yearly finable rent of four shillings according to the custom of the church land and now vested in the said John Fearon for the uses and purposes aforesaid unto my friends John Curry of Crosscannonby and John Lightfoot of Dearham in the said County, gentlemen, and their heirs and assigns. To hold the same and every part thereof unto and to the use of the said John Curry and John Lightfoot and their heirs. Upon the trusts and for the purposes hereinafter mentioned expressed and declared concerning the same that is to say. Upon trust to _____ and suffer said daughter Mary Ann Fearon to occupy and enjoy or to receive and take the rents and profits of my freehold and customary messuage and tenement lands and hereditaments which I lately purchased from Susannah Sim for and during the term of her natural life and from and immediately after her decease then in trust for such uses and purposes as my said daughter Mary Ann notwithstanding her coverture or whether she shall be married or sole shall in her lifetime by any deed or writing deeds or writing under her hand and seal to be sealed and delivered by her in the presence of and to be attested by two or more credible witnesses or by her last will and testament in writing or any instrument or instruments in nature thereof or any codicil or codicils thereto to be by her signed sealed and published in the presence of and to be attested by three or more credible witnesses order direct or appoint, give or devise the same and for want or in default of any such order, direction or appointment gift or devise. Then in trust for the heirs and assigns of my said daughter, Mary Ann Fearon, and to be released surrendered and conveyed to him, her or them accordingly. And also upon this further trust to pursue and suffer my said son John Fearon to occupy and enjoy or to receive and take the rents and profits of the residue of my freeholds and customary messuages tenements land and hereditaments situate at Gilcrux aforesaid the customary part whereof hath been surrendered to the said William Tyson and to himself the said John Fearon as aforesaid. And also to receive and take the rents and profits of the tithes arising from and out of the said lands for and during the term of his natural life subject nevertheless to the payment throughout of one annuity or yearly sum of eight pounds yearly by form of equal quarterly payments in each year. Clear of all deductions unto my said wife, Margaret, during her natural life or widowhood. And from and immediately after his decease. Then in trust for such uses and purposes as my said son John Fearon shall in his lifetime by any deed or writing deeds or writings under his hand and seal to be sealed and delivered by him in the presence of and to be attested by two or more credible witnesses or by his last will and testament in writing or any instrument or instruments in nature thereof or any codicil or codicils there to be by him, signed, sealed and published in presence of and to be attested by three or more credible witnesses order and or appoint give or devise the same and for want or in default of any such order direction or appointment gift or devise. Then in trust for the heirs and assigns of my said son John Fearon and is to be released surrendered and conveyed to him her or them accordingly. But subject to the said annuity to my said wife as aforesaid. I give and devise the tithes of corn and grain and all ___ or prescription in lieu of tithe hay ___ growing and ____ ____ and out of the land and grounds of my late wife, Mary Fearon deceased, which I lately purchased from the said Joseph Dykes Ballantine Dykes Esquire and which lands and grounds hath descended to my son Carter Fearon as her heir at law I give and devise the said last mentioned. Further unto my Son, Carter Fearon, his heirs and assigns and I direct my said trustees to release and convey the same to him and them accordingly. Subject nevertheless to the payment of the sum of one hundred pounds unto my said daughter Mary Ann Fearon and the sum of Forty pounds unto my son John Fearon and their respective executors, administrators and assigns. But in case my said son Carter Fearon shall refuse to pay the said two mentioned legacies then I do order and direct my said trustees to sell tithes so given and devised to him either by public sale or private contract for the most money that can be reasonably had or gotten for the same and to make and execute all such deeds conveyances and assurances in the law to and to the use of the purchase or purchases thereof as shall be deemed requisite and necessary for perfecting the sale and title to the same and with and out of the money arising from the sale of the said tithes to pay the same unto and between my said son John Fearon and daughter Mary Ann Fearon and their respective executors administrators and assigns, in the same proportion as the legacies of one hundred pounds and forty pounds hereinbefore given and bequeathed to them as aforesaid And I do hereby order and direct that the receipts and accepts of my said trustees and the survivor of them and the heirs executors and administrators of such survivors shall be a good and sufficient release and discharge to any purchaser or purchasers of the said tithes or any part thereof so to be sold as aforesaid under or by virtue of the trusts aforesaid for the money to be paid by him her or them as the consideration for such purchase and that such purchases or purchasers shall not be obliged to see to the application or be answerable or accountable for the non-application or misapplication of the same money or any part thereof. All the rest and residue of my stock and crop, household furniture, personal estate and effects not hereinbefore given, I give and bequeath unto my son John Fearon, his executors administrators and assigns subject to the payment of all my just debts, funeral and testamentary expenses and I appoint him my said son, John Fearon, sole executor of this my will. And I declare that my said trustees shall not be answerable or accountable one for another and by no means for involuntary losses and that they shall be allowed and may retain to reimburse themselves all their costs charges damages and expenses to be occasioned by the due execution of the trusts hereby in them reposed. And I hereby revoke all former wills by me made. In witness, whereof I the said Joseph Fearon have to this my will contained in this and three proceeding sheets of paper sat my hand that is to say my hand at the bottom of the three preceding sheets and seal to this sheet, the sixth day of January in the Year of our lord one thousand eight hundred and thirty, Joseph Fearon ( ) Signed, sealed published and declared by the said testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.
Henry Tickle, Joseph Millicam, Ben Lanheric
Whereas I, Joseph Fearon of Gilcrux in the County of Cumberland, Yeoman, have made and duly executed my last will and testament in writing bearing date the ninth day of January in the year of our Lord one thousand, eight hundred and thirty. Now I hereby declare this present waiting to be a codicil to my said last will and testament and I do direct the same to be annexed thereto and to be taken as part thereof and whereas I did in my said will give and devise to my daughter, Mary Ann Fearon, among other bequests my mahogany chairs, mahogany tables as mentioned in part of the sixth and seventh lines of the first page of my said will and testament now I hereby revoke certain parts of the said bequest namely my mahogany chairs and also extract therefrom my mahogany tables my one mahogany table and the two ends belonging the sets this last article (viz) table when joined or linked together make or form one oval table which chairs and table I now give to my son John Fearon. And, whereas I further did in my said will give and devise unto my son Carter Fearon certain tithes of corn grain as mentioned in the third sheet of my said will subjecting the same to the payment of the sum of one hundred pounds unto my daughter Mary Ann Fearon and the sum of forty pounds unto my son John Fearon and their respective executors administrators and assigns. Now these two legacies, namely the one of one hundred pounds given to my said daughter, Mary Ann Fearon, and the other of forty pounds given to my said son, John Fearon, I do hereby revoke these said two legacies as far as they concern the person to whom they are given and no further. And I now do hereby give the said sums or legacies amounting together to the sum of one hundred and forty pounds as follows, namely to my said son John Fearon I give and bequeath thereof the sum of one hundred and twenty pounds legacy and to my dear wife, Margaret Fearon I give and bequeath the remainder thereof, namely twenty pounds and to their respective executors, administrators and assigns conformable to the provisions of my said will and testament. And I hereby ratify and confirm my said will and testament in all the particulars thereof. In witness whereof, I the said Joseph Fearon have to this codicil set my hand and seal this twenty fifth day of February in the year of our lord one thousand, eight hundred and thirty two.
Joseph Fearon Signed, sealed and published and declared by the said testator, Joseph Fearon as and for a codicil to be annexed to his last will and testament and to be taken as part thereof in the presence of us as witnesses
William Darsable, John Clerk, Peter Fisher
Effects under £200 proved by John Fearon October 16 1832
If this person or the persons mentioned in it are part of your tree then Paul will be happy to hear from you.
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