Thomas Moore's Last Will & Testament 

Transcription of Will

Thomas Moore

This is the last Will and Testament of me Thomas Moore of Mealsgate in the parish of Bolton in the County of Cumberland. Yeoman; I devise all these my two Cottages with outbuildings, Yards, Gardens and Appurtenances thereto belong situate at Bothel in the parish of Torpenhow in the said County of Cumberland to my Cousin William Lowes of The Ling, Sebergram in the same County for his own absolute use. I devise that my Estate at and near Mealsgate in the parish’s of Bolton and Allhallows in the said County of Cumberland. And all other the Real Estate to which I shall be entitled, or over which I shall have any power of disposition at the time of my decease. To the use of my Nephew Thomas Henry Brockbank and his assigns during his life. And after his death to the use of his first Son who shall come into existence in my lifetime of the said Thomas Henry Brockbank and the assigns of such Son during his life and immediately after his decease To the use of such Sons first and every other Son successively in remainder one after another, and the heirs Male of the body of each such last mentioned first and every other Son the Elder and the heirs Male of his Body taking before the Younger and the Male of his Body. And failure of such Issue, To the use of the Second and every subsequent Son who shall come into my existence in my lifetime of the said Thomas Henry Brockbank with remainder to such Sons first and every other Son successively in Said Male in manner her and before expressed with respect to the said Thomas Henry Brockbank’s first Son and his assignees Male every elder of such second and other Sons and his assignees, Male every elder of such second and other Sons and his issues Male And on failure of such Issues to the use of the first and every other Son who shall come into existence after my decease of the said Thomas Henry Brockbank and the heirs Male of the body of each Son, and the heirs Male of his body taking before every Younger Son and the heirs Male of his Body And failure of such Issue To the use of William Parkin the Younger of Blaithwaite House in the parish of Wigton in the said County of Cumberland and his issues during his life. And after his decease To the use of the first Son who shall come into existence in my lifetime of the said William Parkin the younger and the issues of such Son during his life, And immediately after his decease To the use of such Sons first and every other Son successively in remainder one after another the heirs Male of the body of each last mentioned, first and every other Son the elder and the heir Male of his body taking before the younger and the heirs Male of his body, And of failure of such issue to the use of the second and every subsequent Son who shall come into existence in my lifetime of the said William Parkin the younger with remainder to such Sons first and every other Son successively entail Male in manner hereinbefore expressed with reference to the said William Parkin the Younger first Son and his Issue Male And on failure of such Issue To the use of the first and every other Son who shall come into existence after my decease of the said William Parkin the Younger, and the heirs Male of the Body of each such Son and the heirs Male of his Body taking before every younger Son and the heirs Male of the body, And on the failure of such Issue To the use of my own Right Heirs. And in every case I declare the above device to be without any impeachment for waste. I bequeath the Charitable legacies following To the Carlisle Diocesan Education Society the Sum of one thousand pounds in Trust to apply the Interest only of the fund in equal moieties for the benefit of the Church of England Schools at Newhouses in the parish of Bolton aforesaid and at Leesrigg in the parish of Allhallows aforesaid. To the said Carlisle Diocesan Education Society the further sum of one Thousand pounds the Interest of which only may apply to the general objects of the said Society. To the Carlisle Diocesan Church Extension Society the sum of one thousand pounds the Interest of which only may be applied to the general objects of the said Society. To the Rector and Churchwardens for the time being of Bolton aforesaid Two hundred and fifty pounds. To the Vicar and Churchwardens for the time being of Allhallows aforesaid Two hundred and fifty pounds the Interest of which shall be distributed by them respectively half yearly at Midsummer and Christmas amongst the deserving poor of the said parishes respectively according to the best of the Judgements of the said Rector and Vicar, and Churchwardens respectably. The above bequests to be in each case invested in the Names of my Trustees and Executors hereinafter named in the in the public funds or in any other good and sufficient security as my Trustees or Trustee with the consent of the said Rector and Vicar and Churchwarden respectively may determine on. And I direct that a sufficient part of my pure personal Estate before any other payment there out shall be applied in payment of the aforesaid Charitable Legacies and that as to the legacies given to the aforesaid Societies the receipt of Treasurers for the time being thereof respectively shall be good discharge for the same. I bequeath to my Sister Mary Barnes one thousand pounds and the whole of the furniture in the best Parlour of my house at Mealsgate. To her Grand daughters the Misses Parkin, daughters of William Parkin, the Elder of Blaithwaite House aforesaid who may be living at my decease Five hundred pounds apiece, and furniture of my Best Bedroom to them share and share alike. To my Sister in Law, Agnes Jane Moore of Whitehall near Mealsgate aforesaid Five hundred pounds. To Mary Fell formally of Whitehall Cottage Fifty pounds. I bequeath all my Stock and Crops and husbandry implements dairy Utensils and household furniture (except that already disposed of in this my Will) to George Lowes at present living with me providing he shall be still living with me at the time of my death. And I request the person or persons for the time being entitled to my Estate at or near to Mealsgate aforesaid in the same event to let the said George Lowes my said Estate at such rent as the Trustees or Trustee for the time being shall think fair and reasonable but without inferring on the person or persons so entitled any legal liability to give effect to this my request. I bequeath to each one of my first Cousins who may be living at the time of my death Five hundred pounds to my Second Cousin Jonathan Turner of London. Three hundred pounds to my Second Cousin George Lowes aforesaid, one hundred pounds. And to each one of the rest of my second Cousins one hundred pounds. With the exception of William Lowes of the Ling aforesaid, and Joseph Lowes of Bolton Wood Lane in the said parish of Bolton, Joiner, and William Lowes of Bothel, aforesaid Butcher, for the first of whom I have made provision in this my Will already. And for the second of whom I have made provision in another way. I bequeath to my Niece Mary Jones (formerly Brockbank) of Liverpool an annually of Twenty pounds sterling during her life to be paid half yearly at Midsummer and Christmas the first payment to be made at the first of those times that shall occur after my death. I bequeath to my Housekeeper Mary Jane Walker the sum of Forty pounds which she owes me. And I direct my Executor to give her a discharge for the same. All the residue of my personal Estate I give and bequeath to the Executors of this my last Will hereinafter named In Trust to pay the annual Interest and proceeds of the same to my said Nephew Thomas Henry Brockbank during his life and after his death I direct my said Executors to stand possessed there aforesaid the Investments representing the same In Trust for all the children or any Child of the said Thomas Henry Brockbank who shall live to attain the age of Twenty one years, and if more than one in equal shares, provided always, and I hereby declare that if the said Thomas Henry Brockbank die without having had issue who shall attain the age of Twenty one years then I give and bequeath the said residue and the Investments representing the same to the person or persons who would at the death of the said Thomas Henry Brockbank be entitled to my Real Estate in case I had died immediately after the said Thomas Henry Brockbank Intestate. I devise, all the Real Estate vested in me as Trustee or Mortgage to the William Parkin the Elder and Thomas Barnes of Wigton aforesaid, Draper, their heirs and assigns. Subject to the Trusts and bequeaths affecting the same respectively. And I appoint the said William Parkin the elder and Thomas Barnes Executors and trustees of this my last Will. And I bequeath to them the sum of Fifty pounds apiece as a small remuneration for the trouble they will have in the execution of the Trusts of this my Will. I declare that my said Executors and Trustees shall have full power under this my Will to call in any moneys belonging to me and of investing them in any good and sufficient securities to the best of their judgement, if not wanted to pay the pecuniary legacies herewith bequeathed. And I direct them to pay all gifts and bequests of this my Will to the several parties and Societies named free of all Legacy Duty. And I particularly desire that sufficient time may be given to all persons indebted to me for paying in the said moneys whether on promissory Notes or otherwise. And I appoint and declare that the said Executors shall not be answerable for any moneys or other property in the hands of any Broker, Banker, Agent or other person whatsoever or for each other but only for such moneys that may come into their hands. Further I wish my funeral to be strictly private. And lastly I revoke all former Wills at any time by me herefore made. In Witness where of I have set my hand to this my Will, contained in this and the proceeding four sheets of paper this twenty fifth day of November, one thousand eight hundred and eighty.

Thomas Moore

Signed by the said Testator Thomas Moore as and for his last Will and Testament in the presence of us present at the same time, who at his request in his sight and presence and in the presence of each other have subscribed our Names as attesting witnesses.

--------- John Wilson Simpson-------Mealsgate--------Shoemaker----

---------Robert Benson---Solts--------Wigton----------------------------------------

This is a Codicil to the last Will and Testament of me Thomas Moore of Mealsgate in the parish of Bolton in the County of Cumberland, Yeoman. Whereas I have by my Will dated the twenty fifth day of November one thousand eight hundred and eighty appointed William Parkin the Elder, and Thomas Barnes Executors and Trustees of my Will. And whereas since the date and execution of my said Will William Parkin the Elder one of my said Executors and Trustees thereof hath departed this life. Now I hereby revoke the appointment of the said William Parkin the Elder as such Executor and Trustee as aforesaid and all devises and bequests made to him by my said Will. And do hereby nominate and appoint my Nephew Thomas Henry Brockbank, and William Hetherington of Wigton in the said County of Cumberland Bank Cashier, to be Trustees and Executors in conjunction with Thomas Barnes, the other Executor and Trustee appointed by my said Will in the Stead place of said William Parkin the Elder, deceased. And I do hereby also direct and declare that my said Will shall be read and construed so as to have the same effect and option in every respect as if the names of the said Thomas Henry Brockbank and William Hetherington had been originally inserted therein instead of the Name of the said William Parkin the Elder, in every part of my said Will of which the name of William Parkin the Elder in conjunction with the said Thomas Barnes shall occur. And I give and bequeath unto the said William Hetherington the legacy of Fifty pounds for assisting to carry out the Trusts of my said Will. I also bequeath to my Housekeeper Mary Coulthard the legacy or sum of Twenty pounds to have legacies to be paid clear of duty. I direct all my just debts, funeral and Testamentary expenses to be paid by my said Executors as soon as may be conveniently may be after my decease. And I ratify and confirm my said Will in every other particular. In Witness thereof I have hereunto set my hand this fourteenth day of March one thousand eight hundred and eighty three----

Thomas Moore

Signed by the said Testator Thomas Moore as and for a Codicil to 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 herewith set our Names as Witnesses

------------------William Pattinson----postmaster--------Mealsgate-------------

-------------------Joseph Watson-------------------------------------------------------------------

Proved at Carlisle with a Codicil on the 9th day of June 1883

by the oath of Thomas Barnes, the Executor named in the Will

and Thomas Henry Brockbank the nephew of the Testator, and

William Hetherington, the Executor named in the Codicil to whom

Administration was granted----------------------------------------------

The Testator Thomas Moore who was late of Mealsgate in the parish of Bolton in the County of Cumberland Yeoman and died on the 15th day of March 1883 at Mealsgate aforesaid.

-----------Gross value of Estate-----------

-----------£28.168..14..4-------------------

------------J. & W. J. Carrick--------------

------------Solicitors--Wigton-------------

 

 

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