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William Lowther
This is the last will and testament of one William LOWTHER of Station Hill, Wigton in the County of Cumberland, Yeoman, I appoint my nephew Henry MILLER of Greystoke House in or near the City of Carlisle and brother in law William BELL of The Loaning in the parish of Aikton in the said County of Cumberland, Farmer, (hereinafter called my "Trustees") to be the Executors and Trustees of this my will.
And I declare that all trusts and powers hereinafter vested and reposed in my said trustees shall or maybe excercised by the survivor of them or the executors or administrators of such survivors or other the trustees or trustee for the time being of this my will and I give onto them the said Henry MILLER and William BELL who shall act as such; executor and trustee as aforesaid the legacy or sum of ten pounds.
I give and bequeath the following specific legacies, namely to my nephew Henry LOWTHER the son of my late brother James all my wearing apparel at my decease and also on the death of my wife Mary LOWTHER, my painted oak chest containing two drawers one feather bed one long bolster and two pillows.
To my niece Johann PATRICKSON the daughter of my said late brother James on the death of my wife the framed memorial cards of my late father and mother, my mahogany chest of drawers and six silver teaspoons and the silver sugar tongs which belonged to my late father and mother and which are at present in the possession of my sister Jane SIMPSON but in the event of her my said sister refusing to give them up then in thereof I bequeath to my said niece Johann PATRICKSON six of my own silver teaspoons and a pair of silver sugar tongs.
To my nephew Henry MILLER the son of sister Ann MILLER at the death of my wife my best family bible and buffet and also at my decease my gold watch and chain together with the appendages. To my nephew Joseph MILLER the son of my said sister Ann MILLER at the decease of my wife the feather bed hereinafter mentioned to be chosen by her also one bolster and two pillows.
To my niece Margaret the daughter of my said sister Ann MILLER my best framed looking glass containing two drawers at the death of my wife.
To my niece Betty PATTINSON at the death of my wife one feather bed one bolster and two pillows.
To my nephew Jacob PATTISON at the death of my wife one feather bed one bolster and two pillows.
To Joseph the son of my late nephew Henry Lowther PATTISON the son of said sister Sarah at the death of my wife my barometer.
To my said sister Jane at the death of my wife my eight days clock Mahogany desk and drawers and my round oak table and also my two silver fruit knives two pickle forks, twelve silver teaspoons one pair of silver sugar tongs, silver teapot, sugar basin and cream jug, three books of Geography and one mantel pice glass, But in case she my said sister Jane shall refuse to give up the six silver teaspoons and sugar tongs hereinbefore bequeathed to my said niece Johann PATRICKSON them and in such case I direct she shall only have six silver tea spoons instead of the twelve silver teaspoons and sugar tong hereinbefore bequeathed to her.
To Esther Ann the daughter of my said sister Jane at the death of my wife my ornaments representing two cows and a bull.
To the children of the late John ROBINSON the son of my sister in law Jane ROBINSON the framed memorial cards of their father's uncle William ARMSTRONG, his aunt Sarah and his grandfather and grandmother to be divided amongst them at the death of my wife in such a manner as my said trustees shall alone deem expedient.
I direct that the furniture feather bed bedding and effects which belonged to my wife Mary previous to my marriage with her and all her wearing apparel and jewellery shall belong to her absolutely and be for her sole and seperate use. And I bequeath to her for her life one of my feather beds to be chosen by herself. And I further bequeath to her my said wife for the term of of her natural life all my household furniture and household effects except such articles as I have hereinbefore directed to be handed over at my death. And after the death of my said wife I direct that all my household furniture and household effects with the exception of the articles hereinbefore specifically bequeathed shall be sold and the net proceeds to ? therefrom shall fall into and become part of my residuary personal estate. But I direct that if my said wife Mary shall be desirous of selling any part of the residue of my household furniture and household effects (save anything specifically bequeathed) to which she shall become entitled for her life she may do so but the proceeds arising therefrom shall be invested by my said trustees in some one or more of modes authorised by statute for the investment of trust funds who shall pay the annual income arising therefrom to my said wife during her life. And after her death I direct the principle sum shall become part of my residuary personal estate. I give and bequeath the following general legacies, namely, to my said wife Mary absolutely the sum of one hundred pounds to be paid to her as soon as conveniently may be after my death.
To Mary ROBINSON, Johann ROBINSON, Jane ROBINSON, Rachel ROBINSON and Betty ROBINSON children of my late sister Margaret or such of them as shall be living at my decease the sum of twenty pounds each.
To John and Johann the children of my brother Charles the sum of twenty pounds each.
To Johann VAREY the grand-daughter of my said brother Charles the sum of twenty pounds.
To the said children of of the late John ROBINSON the son of my said sister in law Jane ROBINSON the sum of fifty pounds to be divided amongst them in equal shares and should any of them predecease me leaving lawful issue such issue shall take and if more than one equally the share to which his her or their parent would have been entitled to if living.
To John, Frances, Mary, Jane and Sarah the children of my brother in law John ARMSTRONG the sum of twenty pounds each.
To William, Mary Ann and Margaret the children of my brother in law Thomas ARMSTRONG the sum of twenty pounds each and I declare that if any of them shall now be dead or have predeceased me leaving lawful issue such issue shall take and if more than one equally the share to which his her or their parent would have taken if living. I bequeath all the residue of my personal estate and devise all my real estate whatsoever and wheresoever unto my said trustees their heirs executors, administrators or assigns upon the trusts following that is to say.
As to my house with outkitchen in Sunderland Terrace, Ulverston occupied by my late brother Charles together with a moiety or equal half part of the yard behind upon trust for my nephew William LOWTHER the son of my late brother Charles for and during the joint lives of himself and his brother Charles.
And as to the cottage and stable in the said yard together with the other moiety or half share of the yard at Sunderland Terrace, Ulverston aforesaid under trust for my said nephew Charles LOWTHER the son of my late brother Charles for and during the joint lives of himself and his brother William. And upon the death of either of my said last mentioned two nephews William and Charles LOWTHER I direct that the survivor of them (or in case of the death of the survivor of them before me then the issue of such survivor in equal shares) shall take all my said property in Sunderland Terrace, Ulverston aforesid for his own use and benefit absolutely and his life estate hereinbefore given to apart thereof shall thereupon merge in the fee simple.
And as to my two dwelling houses with the appurtenances situate in Kay Street Ulverston upon trust as to the front house for my nephew Robert LOWTHER the son of my late brother Charles absolutely.
And as to the back house for my nephew Wilfred LOWTHER the son of my late brother Charles absolutely. And I declare that if either of them the said Robert and Wilfred LOWTHER shall predecease me leaving issue such issue shall take and if more than one equally his her or their respective parents shares.
As to my real estate situate at or near to the East End of Wigton (other than the field at the Clay Dubs hereinafter mentioned) upon trust for William, Jacob and Betsy children of my said sister Sarah their heirs and assigns in equal shares as tennants in common and should any of them predecease me leaving lawful issue such issue shall take and if more than one equally the share his her or their parent would have taken if living.
As to my field at the Clay Dubs Wigton which I purchased from my nephew William LOWTHER numbereed 23 on the Ordnance Plan for the township of Wigton cum Woodsie upon trust for my said nephew Jacob PATTINSON the son of my said sister his heirs and assigns for ever.
As to my field near to Smithfield Wigton aforesaid and two grave spaces in Wigton Cemetery which belonged to my late father upon trust for my said sister Jane SIMPSON during her life. And after her my said sister Jane's death then in trust for her son William SIMPSON in fee simple.
And as to the sum of one thousand parts part of the residue of my said personal personal estate upon trust to invest the same in any investment authorised ny law for the investment of of trust funds with power to vary such investments at the discretion of my said trustees and to pay the income and profits to arise therefrom half yearly to my said wife during her natural life the first payment to be made at the end of six calender months after my decease. And after the death of my said wife I direct that that the said sum of One thousand pounds of the investments for the time being reresenting the same shall fall into and become part of my residuary personal estate.
And as to the residue of my personal estate upon trust to pay thereout all my just debts funeral and testamentary expenses and the legacy of twenty pounds to the children of my late nephew Henry Lowther PATTINSON the son of my sister Sarah to be divided amongst them in equal share.
And also to pay the legacy of twenty pounds to each of my nephews and nieces sons and daughters of my brothers and sisters James Henry Ann and Jane living at my decease.
And to stand possessed of the remainder of my said residuary personal estate including that divisible on the death of my wife and also all that my close of land numbered 659 on the ordanance plan aforesaid situate at or near Kirkland, Wigton aforesaid which I purchased from my nephew William LOWTHER and any other real estate I may die possessed of on trust to sell such last mentioned field and residuary personal estate either by public auction or private contract at such time after my death and upon such conditions as they my said trustee shall think and to divide the proceedss thereof and also the remainder amongst my nephews and nieces the sons and daughters of my said brothers and sisters James Henry Ann Sarah and Jane.
And I declare that in such distribution the children of my said late nephew Henry Lowther PATTINSON shall take equally amongst them a share in my residuary estate similar to which their father would have taken had he been living. And I further declare that in case of the death of any of my said nephews and nieces leaving lawful issue such issue shall take and if more than one equally the share which his her their parent would have taken if living but I except and exclude from this the children of my late nephew Henry LOWTHER the son of my brother Henry LOWTHER and declare they shall not benefit by my will and I declare that where I have by my will given two or more legacies or shares to one person such person shall take the same and one legacy share or interest shall not be substitution for another. In witness whereof I have to this and the preceding six pages of paper which I declare to be and contain my last will and testament set my hand this third day of September One Thousand eight hundred and ninety four.
William LOWTHER
Signed by the said testator William LOWTHER as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have thereunto subscribed our names as witnesses
John STRONG
Solr
Wigton
Joseph FLETCHER
15 King St
Wigton
Solicitor's clerk
On the 6th day of march 1895 Probate of this will was granted at Carlisle to Henry MILLER and William BELL the Executors.
If this person or the persons mentioned in it are part of your tree then Rob will be happy to hear from you.
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