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ABSTRACTS OF WESTMORLAND WILLS



SURNAMES F


Isaac FAIRLAM, of Border, parish of Abby Holm and County of Cumberland,[Partial details] - of sound mind.
Will proved on or after 21 November 1803.
To nephew William FAIRLAM the younger of Workington, £50.
To niece Mary THORNTHWAITE, wife of Thomas THORNTHWAITE of Workington, £50.
To Hannah TAYLOR, daughter of Robert TAYLOR, of the Abby, the sum of….
[Family History Library Film 90522]



John FARLAM, late of Little Musgrave, but now of Kirkby Stephen, Westmorland, yeoman -
-dated 15 Oct 1764. -my wife Elizabeth FARLAM, £50 and household goods and furniture - my nephew Christopher HARKER of Enterbar, £50 - my niece Ann wife of John LAMB of Smardale Hall, £50 - my niece Elizabeth wife of John MASON of Kirkby Stephen, £50.
Rest, residue to sister Jane wife of William HARKER of Hartley and my nephew John HARKER - joint executors. Some part of above legacies to be paid out of estate at Little Musgrave.
Witnessed by John PEARSON, sworn; Matthw DIXON; Edwd EUBANK. Proved 4 June 1766.



This is the last will and testament of me Anna FAWCETT of Kirkby Stephen in the County of Westmorland, widow;
I give and bequeath to my sister-in-law Mrs COTTON my gold ring set with diamonds.
Also I give and bequeath to my brother-in-law Mr John FAWCETT a gold black enamelled mourning ring, for Mr HENDAL my silver coffee pot, twelve silver teaspoons, and my silver sugar tongs.
Also I give and bequeath to my niece Isabella FAWCETT a gold mourning ring set with amethyst, for Miss M COTTON my gold watch with the different cases, chain and appendages therewith belonging.
Also I give and bequeath to my nephew Thomas FAWCETT all my books.
Also I give and bequeath to my niece Mrs DUNBABIN [?] my dressing case and glass boxes.
Also I give and bequeath to my niece Mrs HODGSON my blue and white octagon cups & saucers and teapot stand.
Also I give and bequeath to Mr John MARGETSON a gold white enamelled mourning ring for Miss WICKE.
Also I give and bequeath unto my servant Mary THOMPSON all my wearing apparel, and tea table, china, kitchen and other tea equipage belonging the same - except what is hereby otherwise by me disposed of - a gold white enamelled mourning ring for Mr George COTTON,- two silver tablespoons, an antique silver tablespoon which was formerly presented to me by an old servant in our family, one silver salt spoon, the large oak chest standing by the Bedside, my worst chintz quilt and my fur muff and tippet with the case.
Also I give & bequeath to Ann KILPIN [?KIPLIN] a black ..... cloak & bonnet, a checqued purple & white cotton gown, a stuff quilted petticoat, two pairs of stays, all my shoes, two night shifts, two day shifts, four single muslin neckclothes, one pair of cotton stockings, one pair of yarn stockings, a thick muslin apron.
Also I give and bequeath to Agnes KILPIN the Elder, a bed gown two night caps, an old grey cloack and a course double muslin neckcloth.
Also I give and bequeath to Ann HARRISON my worst washing gown and a course double muslin neckcloth.
All the rest, residue and remainder of my moneys, goods, chattels and personal estate whatsoever as well in Possession as in action including the sum of fifty pounds to be received of my said brother-in-law Mr John FAWCETT my late dear husband James FAWCETT's executor, and which said sum of fifty pounds I am empowered to dispose of by my said husband's will (after payment and distribution thereout of several legacies herein by me given and payment therout of my just debts and funeral and testamentary expenses) I give and bequeath to my above named servant Mary THOMPSON, whom I hereby nominate, constitute and appoint sole executrix of this my last will and testament.
And it is my wish & desire to have the following eight gentlemen for bearers at my funeral (namely) Thomas MUNKHOUSE Esquire, Thomas HARRISON Esquire, Mr John Margetson, Mr Lancelot Waller, Mr John Jackson, Mr Thomas THOMPSON, Mr Thomas SLEDDALL & Mr Thomas DENT - and I empower my executrix to appoint other bearers in the stead of such of the above named gentlemen as shall happen to be dead or cannot attend my funeral.
And I direct that my bearers shall have silk scarves and .... bands and gloves. And, that none but my bearers & very particular friends be invited to dine, and that in lieu of cakes, biscuits of equal value be distributed.
And lastly, I revoke all former wills and testaments by me made, and declare this alone to be my last will and testament. In witness whereof, I the said Anna Fawcett, have hereunto set my hand and seal the 25th day of June in the year of our Lord, 1803.
Anna Fawcett.
Witnesses: J. HUNTER, John MARGETSON.



Eleanor FAWCETT, wife of Richard FAWCETT of Kirkby Stephen, 1906
I give devise and bequeath the whole of my estate to my husband Richard FAWCETT, who is also made executor.
Made: 17th Oct 1906 Witnesses: John HARKER, Solicitor, Kirkby Stephen, James Thornton IRVIN, Clerk with Messrs Hewitson & Harker, Solicitors, Kirkby Stephen.



James FAWCETT, Kirkby Stephen, tallow chandler, 1855
This is the last Will and Testament of me James FAWCETT of Kirby Stephen in the County of Westmorland Tallow Chandler.
I give and bequeath the sum of twenty pounds unto my Son James FAWCETT and the said money must be put out to interest at my decease and accumulate until he attains the age of Twenty One Years and the said Twenty Pounds must be paid out of the money that my Wife Ann FAWCETT will be possessed of at the time of my Decease and the remainder of the Money and all the Household Furniture I give and bequeath unto my Wife Ann FAWCETT for her own use and benefit.
I give and bequeath unto my Daughter Mary SHAW the sum of Ten Pounds which must be paid out of the Tallow shop situated in Mell Becks. I give and bequeath unto my Son Richard FAWCETT my Tallow shop and Apportenances situated in Mell Becks and all the Working utensils belonging the said Shop at the time of my Decease for his own use and benefit.
I give and bequeath unto my three sons and daughter all money or property that will become due to me at my Mothers Decease Ann FAWCETT to be equally divided amongst them Male and Female share and share alike.
I do herby give my Son Richard FAWCETT full power to be sole Executor to my Will and to do what is right between all parties. I do hereby revoke all former and other Will and Wills by me at any time heretofore made and do declare this to be my last Will and Testament In Witness whereof I have hereunto set my hand and Seal this Sixteenth Day of April in the Year of our Lord One Thousand Eight Hundred and Fifty Five.
James Fawcett
Signed Sealed and declare by me James Fawcett as and for my last Will and Testament in the presence of us who in his presence at this request and in the presence of each other have subscribed our names as Witnesses thereto ----John HUNTER, James HOUGHTON.



Richard FAWCETT, Kirkby Stephen, Westmorland, yeoman, dated 1895 and 1907, proved 1909 -
This is the last Will and Testament of me Richard FAWCETT of Kirkby Stephen in the County of Westmorland Yeoman. I appoint my son Stephen and my Brother in law Thomas MASON to be Executors and Trustees of this my Will.
I devise all my Real Estate unto and to the use of my wife Eleanor during her life if she shall so long remain my Widow without impeachment of waste with remainder to the use of my son Stephen his heirs and assigns subject to and changed with the payment to the Trustees of this my Will from and after the decease or second marriage of my said Wife whichever shall first happen of the sum of Five shillings weekly during the life of my Son Richard John and I direct the Trustees of this my Will to pay the said sum of five shillings weekly to my said son Richard John until he shall attempt to anticipate the same or shall become bankrupt or compound with his creditors or there shall be any attempts to claim the same on the part of any Creditor or Creditors of my said son Richard John or any Assignee or other person claiming under my said Son Richard John In any of which cases I direct that the Trustees for the time being of this my Will shall pay and apply the said weekly sum of five shillings in such manner and in such proportions as the Trustees for the time being of this my Will think proper for the benefit of my said son Richard John and his Wife and Children during the lifetime of my said Son Richard John.
I forgive my said Son Richard John the debt of Four hundred pounds and interest owing by him to me or so much there of as shall be recoverable at the time of my decease. I bequeath all the residue of my personal Estate unto my Trustees Upon Trust to call in and convert into money such parts thereof as shall not consist of money and stand possessed of the proceeds thereof and of my ready money after payment of my debts and Funeral and Testamentary expenses and invest the same as my Trustees shall think proper and pay the income thereof to my said Wife during her Life or Widowhood and on the decease or second marriage of my said Wife whichever shall first happen to stand possessed thereof In Trust for my said Son Stephen absolutely.
In witness where of I have to this my Will set my hand this sixth day of November one thousand eight hundred and ninety five.
Signed by the said Richard FAWCETT as his Will in the presence of us who at his request in his presence and in the presence of each other have here unto subscribed our names as Witnesses the word "my" first struck out of the 25th line, the words "of this my Will" first interlined between the 25th and 26th lines and of the words "and in such proportions" between the 27th and 28th lines.
Abraham BELL of Kirkby Stephen, Wm HEWITSON, Solicitor Kirkby Stephen

This is a Codicil to the foregoing Will of me Richard FAWCETT of Kirkby Stephen in the County of Westmorland Yeoman.
Whereas I have by my said Will changed my Real Estate after the decease or second marriage of my Wife with a weekly payment of Five shillings during the lifetime of my son Richard John now I do hereby revoke the said change and do declare that my Real Estate shall pass under my said Will free from the same. I bequeath to my Trustees the sum of One hundred pounds upon Trust that they shall stand possessed thereof In Trust for my Grandchildren James Harrison FAWCETT and Jessie FAWCETT in equal shares as and when they respectively attain the age of twenty one years. But in case only one of my said Grandchildren shall attain that age then In Trust for such one. In case however neither of my said Grandchildren shall attain that age then I direct that my Trustees shall stand possessed of the said sum of One hundred pounds In Trust for their mother or if she should not survive her said children then as part of my Residuary personal Estate and I direct the income thereof during the minorities of my grandchildren to be applied by my Trustees for their benefit respectively. And in all other respects I confirm my said Will. In witness whereof I have hereunto set my hand this fifteenth day of January one thousand nine hundred and seven.
Signed by the above named Richard FAWCETT as a Codicil to his last Will in the presence of us both present at the same time, who in his presence and the presence of each other have hereunto subscribed our hands as Witnesses: John HARKER, Solicitor, Kirkby Stephen, John WHITEHEAD, Tebay, Solicitor Clerk.
On the twenty sixth day of July 1909 Probate of this Will with one Codicil was granted at Carlisle to Stephen FAWCETT and Thomas MASON the Executors.



Stephen FAWCETT, Brough, Westmorland, gent., 1852 -
This is the last will and testament of me Stephen FAWCETT of Brough in the County of Westmorland, gentleman. In the first place I direct that all my just debts funeral and testamentary expenses shall be paid by my executors hereinafter named. I give and bequeath unto my dear wife Ann the use of all my household goods and furniture plate linen thing books and other household effects which be in and about my dwelling house at Brough aforesaid at the time of my decease for and during the use of her natural life and from and after her decease I give and bequeath the same household goods furniture and effects unto and to the absolute use and benefit of my daughter Agnes Wheatley her executors administrators and assigns. I give and bequeath all my monies receipts for money and all the rest residue and remainder of my personal estate and effects whatsoever and wheresoever not hereinbefore specifically disposed of unto and to the use of my two sons Richard FAWCETT of Whitechapel in the county of Middlesex linen draper and James FAWCETT of Kirkby Stephen in the said County of Westmorland tallow chandler their executors administrators and assigns Upon trust with all ? speed after my decease to sell dispose of and convert into money so much thereof as shall be saleable and to collect get in and receive the residue thereof or continue the same in its actual state of investment and lay out and ? the money to be received and so bequeathed to them as aforesaid in their or his names or name in the purchase of the parliamentary stocks or public funds of Great Britain or at interest on government or real securities and to alter vary and transfer the same for or into other stocks funds or securities of the like nature and so often as they or he shall think fit and thereout pay the interest overbonds and annual income thereof unto and to the use and benefit of my said dear Wife Ann whose receipt about shall be a sufficient discharge for and during the term of her natural life and from and after her death I direct my said trustees or the survivor of them his executors or administrators to call in such investments and pay one hundred pounds part thereof unto my said daughter Agnes Wheatley her executors administrators and assigns free from all duty ? and pay and divide the residue thereof equally between and amongst such of my ? ? themselves as shall be living at the death of my said wife and should any of my said residence? be then dead leaving lawful issue such lawful issue to be ? to their parents share equally amongst themselves. And I appoint my said sons the said Richard FAWCETT and James FAWCETT joint executors of this my will thereby revoking all former wills by me at any time hereto fore made and do de? This to be my last will and Testament In witness whereof I have hereunto set my hand this twentieth say of April one thousand eight hundred and fifty -
Stephen FAWCETT -
Signed by the said Stephen Fawcett, the testator in the presence of us present at the same time who have signed our names as witnesses thereto in this presence and in the presence of each other - John HEWER - Robert ? clerks to Mr HEWITSON Sol. Kirkby Stephen
Proved at London the 30th September 1852 before the worshipful ? ??Doctor of Laws and Surrogate by the oath of Richard FAWCETT the son one of the executors to whom ? was granted having been ? sworn duly to administer. Power reserving of making the ?? to James FAWCETT the son also the other Executor when he shall apply for the same.



Stephen FIELD of Kirkby Kendal, Westmorland, Gentleman-
Will dated 20-January 1763
Trustees and Executors : my friends and neighbours, Edward HARRISON, cordwainer; Joseph COOPER, hosier and kinsman Thomas CREWDSON, hosier all of Kirkby Kendal.
Witnesses: James SMITH, Mary HARRISON, Thomas HARRISON
Mentions my elder son Stephen FIELD, my younger son John FIELD, my daughter Margaret FIELD; children of my late brother Thomas FIELD, deceased, my brother James FIELD, my late kinsman Roger CARTER, deceased; my kinswoman Elizabeth CREWDSON, widow;
.....farm which I let to Margaret KIRKBY, spinster and Mary LICKBARROW and others
Probate: 31-March 1763. Executors named in the will solemnly affirmed to well and truly execute the will.
Bond: Dated: 21-March-1763.
Bondsmen: Edward HARRISON of Kendal, cordwainer, Joseph COOPER, of Kendal, hosier, Thomas CREWDSON of Kendal, hosier.



Stephen FIELD of Kirkby Kendal, Westmorland, Gentleman -
Will dated 3-July-1771 Executor : brother in law Thomas KENDAL and my brother John FIELD (not yet 21)
Mentions my sister Margaret KENDAL; lands given to me by the will of my father, deceased.
Probate: 11-February-1773; solemnly affirmed.



Will of Agnes FISHER of Kendal, Westmorland, spinster
Will made 29th January 1835
Codicil 19th June 1837
Testator died 10 August 1837
Will proved 31 October 1837
Legatees:
The children of James HALHEAD of Kendal, Upholsterer
The children of Hilton HALHEAD of Liverpool, Timber Merchant
Margaret Daughter of John BUSHBY of Carlisle, Grocer
George Son of William GELDRED of Akrigg End near Kendal, Farmer
John oldest son of John LEECH late of Middleton, Lancashire, Tinman
Thomas son of John LEECH
The daughters of John LEECH, Tinman
Fanny daughter of William son of my brother William FISHER
Brother William FISHER of Camden Street, Camden Town
Executors:
William FISHER oldest son of my brother William FISHER
John WILSON of Kendal, Attorney at Law
Codicil - Further legacies and the appointment of a new executor
Sarah Sharp servant with Mrs BARROW of Highgate, Kendal
Hannah, widow of James HALHEAD late of Kendal deceased, Upholsterer
Appointment of John WILSON, Attorney at Law is rescinded and William
GELDRED of Akrigg End near Kendal, Tanner, is appointed in his stead.



Will of Elizabeth Fisher of Kendal, Widow
Will made 13 March 1846
Codicil 25 April 1851
Will proved 14 March 1853
Mrs Fisher was expecting to benefit under the provisions of the will of John JENNINGS of Hill, Strickland Roger, dated 29 May 1830
Legatees:
Her son, Matthew BIRKET of Derby, cart and wheelmaker
The children of Matthew BIRKET
Her grandson Matthew DEROME
The children of her daughter Mary DEROME (including Matthew)
Her daughter-in-law, Alice BIRKET
Executors:
Matthew BIRKET, her son.
John HOGARTH of Kirkland, Westmorland, Yeoman
Codicil: John HOGARTH having died Christopher FAWCETT of Kendal, Governor of the House of Correction is appointed executor.
_________________________________________________________________________
[Notes from the IGI]:
Elizabeth HOGARTH married Matthew BIRKETT 15 April 1799 at Kentmere.
The children of Matthew and Elizabeth:
Matthew BIRKETT was baptised 28 February 1808 and Elizabeth BIRKETT on 13 December 1812 at Kendal.
Elizabeth BIRKETT married Septimus FISHER 2 February 1824 at Kendal
Will of John HOGARTH of Kirkland, Kendal, Westmorland, Salt Dealer 11 January 1849. Ref: WRW/R532/33
Will of John JENNINGS of Clayton le Woods, Leyland, Lancashire, Yeoman 31 December 1830. Ref: WRW/R164b/18



Roger FLEMING of Ambleside in the parish of Windermere County of Westmorland, joiner -
Will dated 13-April-1855
Executors: my dear wife Margaret; John SPRAT of Ambleside, bookkeeper, my son in law William TOLSON of Keswick, Draper; my son in law John BROWN of Ambleside Innkeeper; and my son John FLEMING.
I appoint my wife Margaret during her widowhood to be guardian and after her death or marriage the said John SPRAT, William TOLSON and John BROWN to be guardians of my infant children
To my said wife the household furniture books plate linen china glass liquors fuels and housekeeping stores
To my said wife all my stock of drapery goods book debts in the Drapery trade and money arising from my drapery business.
All the rest of my personal estate to my executors upon trust to pay my simple contract debts, funeral and testamentary expenses and the residual to be paid to my wife.
All my real estate unto John SPRAT, William TOLSON, John BROWN and John FLEMING to receive the rents and pay unto my wife. My wife to have the use and occupation of the dwelling house, front shop offices gardens thereto belonging which are now in my own occupation and it is my wish that my wife shall carry on my drapery business.
To my son John my joiners shop in Ambleside with the coach house stable and appurtenances thereto in which I now carry on my business as a joiner.
To pay all monies owed on equitable mortgage of my residuary real estate and all monies due on my promissory notes.
To my son John seventy pounds; To my son Lancelot five pounds;
To divide the monies is equal shares amongst my children (except John and Lancelot).
I declare the reason I have made no provision for my son Lancelot is that he will become entitled to Ebenezer Cottage an have the benefit of the buildings and improvements made by me thereto.
All sums of money that I have advanced in my lifetime to my children shall be a charge and deducted from the share to which they are entitled under my will.
Probate: Will of Roger FLEMING late of Ambleside, parish of Windermere County of Westmorland, joiner who departed this life on or about 4-June-1855 was proved in common form on 7-November 1855 by Margaret FLEMING of Ambleside, widow, and John BROWN of Ambleside, and William TOLSON of Keswick in the County of Cumberland three of the executors named therein power reserved unto John SPRAT one of the other executors; John FLEMING one of the other executors being under twenty one years.
Proved at Lancaster. Gross value of the estate: under £1500
Re-sworn July 1856 under £1000
Sworn 1-August-1881, by oath of John FLEMING, of Ambleside architect son of the said deceased he having attained the age of twenty one years one of the surviving executors; John SPRAT since deceased.



Margaret FLEMING of Ambleside in the County of Westmorland, widow -
Will dated 1-June-1875
Executors: my two sons John FLEMING and Birkett FLEMING
Witnesses: Jane WHITTAM, Ambleside and Henry DOBSON, solicitor Kendal and Windermere
Pay out of my trust estate my funeral and testamentary expenses and debts including the debts of my son Thomas which have been secured by the promissory notes of myself and my sons John and Birkett.
To my daughters Agnes TOLSON and Mary DIXON my wearing apparel to be equally divided as near as possible
The rest of my estate to my sons John FLEMING and Birkett FLEMING upon trust to divide the same equally between my five children, namely John FLEMING, Thomas FLEMING, Birkett FLEMING, Agnes TOLSON, and Mary DIXON.
Probate 13-August-1881. Proved at Carlisle by the oaths of John FLEMING and Birkett FLEMING, sons of the testatrix, the executors named in the will.
The testatrix was late of Ambleside and died 20-May-1881 at Ambleside, aforesaid.
Gross value of personal estate: £795.10.0






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