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ABSTRACTS OF WESTMORLAND WILLS



SURNAMES W


Edward WALKER of Laneside in Skelsmergh, parish of Kendal, County Westmorland, yeoman.
Will dated: 4- 9th month 1737
Executrixes: my wife Jane and my daughter Jane
Witnesses: William BURTON and George CROSFIELD
To my son John all my estate lying in Soulby in the parish of Daker and County of Cumberland paying out of the same all my just debts. Also to my son John one garner in the barn and two meal garners in the house, a long table and a large chair at the head of it.
To my wife Jane during her viduity all my freehold estate called Laneside in Skelsmergh in the parish of Kendal, County of Westmorland and if she shall not have a mind to live on the estate, then she shall let the farm to my son James at the yearly rent of ten pounds.
To my son James after my wife’s viduity all my freehold land called Laneside, he paying out of the same to my daughter Jane at one year’s end after his entrance thereto, forty pounds, and at two years end forty pounds more and if her refuse to pay the eighty pounds I give to her the fore Close, being part of the estate of Laneside.
I give to my son James fifty pounds which I have lent to my son John and James to pay the fifty pounds to my daughter Jane.
To my executrixes all my goods, chattels, cattle, credits and personal effects save the fifty pounds above mentioned and my silver tankard which I give to my son James and a silver spoon which I give to my son John.
To my daughter Jane two silver spoons after the viduity of my wife Jane.
Probate 17-October-1738. The executrixes above named (being Quakers) solemnly affirm they will faithfully execute the will.
Inventory of Edward WALKER late of Laneside in Skelsmergh parish of Kirkby Kendal and county of Westmorland, yeoman, deceased.
Appraized 5th of December 1737 by Thomas HARRISON, James BATEMAN, Mark WALKER, and George CROSFIELD.
Total inventory 109.10.6
Funeral Expenses 7.5.4
Owing by deceased 145.4.8
Total 152.10.0
Excess 42.19.6



Mary WALKER of Treby High, parish of Treby, Cumberland, widow.[Partial details]
Will made on 14 January 1827. Proved on or after 23 March 1827.
Weak in body but sound mind and memory.
To neighbours Jane MARSHALL and her sister Mary MARSHALL, daughters of the Rev. James MARSHALL, the ancient estate belonging to my late husband John WALKER, situated at Rushwaite and Treby High, except part belonging to my brother William MURRAY.
[Family History Library Film 90532]



John WALLER, Great Busk, Kirkby Stephen, proved 1778


Lancelot WASTELL, Waitby, parish of Kirkby Stephen Will dated 12 Feb 1738 - Mentions mother Eliner WAISTELL, brother Edward BREAKES, sister Mary WAISTELL, "neece" Isabell BREAKES, brother Thomas WAISTELL - Wife Jane, executrix - Witnesses, Will. BOWNESS, Jno WHARTON, Lanctt HUTCHINSON - Proved 20 June 1739.


John WESTMORLAND of Brougham in the County of Westmorland
being of perfect sound disposing mind and memory.
Will dated 12 March 1796.
To my son Joseph – forty pounds; To my son John – forty pounds.
To my daughter Ann, wife of John WESTGARTH, forty pounds; To my daughter Mary, wife of John NELSON, forty pounds.
These last mentioned legacies to be paid twelve months after my decease. All the rest I give and bequeath to my above mentioned sons Joseph and John whom I hereby nominate executors.
John Westmorland signed with X.
Witnesses: Geo DAWSON and Mary DAWSON.
Proved Sept 21st 1803. [Family History Library Microfilm 90522.]



Anthony WHARTON, Smardale, 1717 -
Will dated 22 Dec 1706[?], proved 23 Oct 1717 -
Eldest son James; younger son Thomas; eldest daughter Janet BARNET of Kirkby Stephen; younger daughter Elizabeth, wife of HIGESBANK[?]; all my grandchildren -
wife Margret WHARTON, sole executrix
Inventory apprised by James WHARTON Jnr[?], William DEVIS, Edward BARNETT, Tho WHARTON Jnr.
Administration given Oct 1717. Margaret made her mark, James and Thomas signed in presence of two others, one of whom was John WILSON.



William WHARTON, Waitby, yeo, 1731
Will dated 7 July 1731, Inventory taken 6 Jan 1731/2
Son John; son William HASTWILL that married my eldest daughter; my daughter, his wife -
my daughter Margarett; my daughter Mary; my daughter Sarah (under 21); my daughter Anne (under 21); my son Richard
Rest & residue to wife Isabella WHARTON, full & sole executrix
William WHARTON (signed) Witnesses: John WHARTON, Will BOWNES, John WILLSON jurat; John WHARTON Junior jurat.
Codicil:
"I will that my four daughters Margarett Warton Mary Wharton Sarah Wharton and Anne Wharton that they whilst that are unmaryed and virgins that they have free liberty after the decease of my wife Isabell so longs as they are unmaryed to Live in my two Lofts or upper Chambers called Cowhouse Loft and Cowhouse Loft [sic, yes, the same name twice] and a gardain called Cherry Gardain But not to dispose or sell them but onely to Live in them whilst that they continue unmarryed and virgins but not to Bring any husban or family to them when they or any of them Marryeth and I will that this Codrcell shall be of as much force as my will to all Intents and purposes In Witness whereof..."



William WHARTON, Waitby, 1731 [Full version of above]
In the name of God Amen I William Wharton of Waitby in the parish of Kirkby Stephen and County of Westmoreland Yeoman being weak in body but of perfect sound mind and memory praised be Almighty God for ye same do make and ordain this my last Will and Testament in manner and form following first and principally I Commend my Soul into the hands of Allmighty God hoping through the death passion and merrits on my Savior Jesus Christ to have full and free pardon and forgiveness of all my Sins and to inherit Everlasting Life and my Body I commit to the Ground to be decently buried at the discretion of my Executrix hereafter named And as touching the disposition of all temporal Estate as it hath pleased Allmighty God to bestow on me give and dispose thereof as followeth Imp’s I will that all my Debts and Funeral expenses be payed and discharged.
Item I give unto my Son John two bedsteads stand in the parlour and one long table standing in the firehouse and all my plows and plowgear thereto belonging
Item I give unto my Son William Hastwell that maryed my Eldest Daughter ten shillings.
Item I give unto my Daughter his Wife the summ of twenty shillings Item I give unto my Daughter Mary the summ of forty pounds to be payed Six months after my Decease.
Item I give unto my Daughter Sarah the like sum of forty pounds to be payed to her when She Attaineth to the age of twentyone years.
Item I give unto my Daughter Anne the like sum of forty pounds to be payed to her when she Attaineth to the age of twentyone years.
Item I give unto my Son Richard the sum of twenty shillings.
All the rest and residue of my Goods and Chattells Bills bonds ready money household stuff.husbandry gear and personal Estate whatsoever after my debts and Legacies be payed I give and bequeath unto my Loving Wife Isabel Wharton and do hereby make her full whole and sole Executrix of this my last Will and Testament and I do hereby revoke disannul and make void all former wills and Testaments by the heretofore either in Words or Writing. In Witnesse hereof I the said William Wharton have hereunto Sett and put my hand and Seale the Seventh Day of July Anno Domini 1731
William Wharton
Signed Sealed Published and Declared in the presence of the Testator and in the presence of Us whose names are Subscribed
John Wharton Will Bowness John Wilson Jurat John Wharton Junior Jurat
26th June 1731
The Codicil of the Will of William Wharton. I will that my four daughters Margaret Wharton Mary Wharton Sarah Wharton and Anne Wharton that they whilst they are unmaryed and virgins that they have free Liberty after the decease of my wife Isabell so long as they unmaryed to live in my two Lofts or Upper Chambers called Cowhouse Loft and Colehouse Loft and a Gardain called Cherry Gardain but not to dispose or sell them but only to live in them whilst they Continue unmaryed and Virgins but not to bring any Husband or family to them when they or any of them maryeth and I will that this Codicil shall be of as much as my Will to all Intents and purposes In Witness whereof I have herewith set my Hand and Seal the Seventh day of July Anno Domini 1731 William Wharton Witness hereof John Wharton Will Bowness John Wilson Jurat John Wharton Junior Jurat



John WHARTON, Trainriggs, yeoman, 1733 -
Will dated 8 Jan 1732/3
- oldest son Jefferson WHARTON, lands called the Pashires ....also Gordells...... and Birk:foot......, but chargeable with payment of 100 pounds apiece to daughters Isabel Amye, Mary, Sarah and Ann WHARTON.
- younger son John WHARTON, close called Howgill Bank adjoining Richard SCOTT's on East side, Thomas WILLIAMSON's on West side, and holden under Lord of Manor....
- to wife Sarah personal estate etc subject to such legacies as Amye JEFFERSON by her last will and testament has ordered to be paid to her nieces out of Trainrigg
- wife Sarah, sole executrix.
Witnesses: Mbt.? HODSHON, sworn; John WINTER, Ja: SMYTH
Inventory dated 1 Mar 1732/3, value 41-1-10, with debts 48-4-0, so "debts surmounting ye inventory 7-02-2" -
John WHARTON, Jno FAWCETT, Jno WILSON, Jno THOMPSON, parish clerk.
Administration document to Sarah WHARTON, 18 Apr 1733, - John WHARTON, yeoman of Waitby (signs), Jefferson WHARTON, Hugh LARK, John FISHER. Sarah makes her mark X.



Isabel WHARTON, Waitby, 1739 -
Will dated 17 Apr 1739, proved 20 June 1739 -
- Daughter Margret WHARTON, pasture ground in Waitby Intack during her life and after to descend to my son Richard WHARTON -
- son John WHARTON; daughter Ann WHARTON -
Rest to Margret WHARTON my daughter, sole executrix.
Witnesses: John WHARTON, sworn; Will BOWNES, sworn, Will RICHARDSON, mark -
Examined by us Henry WAUGH, John YOUNG.



Issabel WHARTON, Waitby, 1739[Full version of above]
In the name of God Amen I Issabell Wharton of Waitby in ye Parish of Kirkby Stephen and County of Westmoreland being weak of body but of perfect sound mind and memory praise be Almighty God for the same do make and ordain this my last will and testament in manner and form following.
First and principally I commend by soul into the hands of Almighty God hoping through the death pasion and merits of my Saviour Jesus Christ to have full and free pardon and forgiveness of all my sins and to inherit everlasting life and my body I commit to ye ground to be decently buried att ye discretion of my Executrix hereafter named and as touching the disposition of all such Temporal Estate as it pleaseth Almighty God to bestow on me I give and dispose of as followeth. Imprimis I will that all my debts and funerall Expenses be payed and discharged.
Item I give and bequeath to my daughter Margaret Wharton two Pasture gates lying and being in Waitby Intact during her naturall life and after ye same to descend to my son Richard Wharton and his heirs and Assigns for ever.
Item I give unto my son John Wharton our Coubert standing in the house I now dwell in
Item I give to my daughter Ann Wharton one half of all my household goods what kind or sort so ever they be.
All ye rest and residue of my Goods and Chattells Bills bonds ready money household stuff and husbandry gear and personall Estate whatsoever after my debts and Legacies be payed I give and bequeath to Margaret Wharton my daughter and do hereby make her full whole and sole Executrix of this my last will and testament and do hereby revoke and disanull and make void all former wills and Testaments by me heretofore either in words or writing in witness whereof I the said Issabell Wharton have hereunto set my hand and seall the 17th day of April and in the Year of our Lord 1739
Witness hereof Sealed signed and delivered Issabell Wharton her mark, in ye presence of us John Wharton and seall Will Bowness Will Richardson mark
This will was proved at Appleby the 20th day of June 1739 and administration was granted to Margaret Wharton Spinster Sole Executrix and sworn well and truly to Administer and to the Truth of the Inventory
Before me: John Waugh.



John WHARTON, innkeeper, 1740 -
Will dated 16 Aug 1739 -
- sons Nicholas and John WHARTON, each 1 shilling - - rest and residue to wife Anne WHARTON and son Thomas WHARTON, whom I make joynt executors -
John WHARTON (seal & mark)
Witnesses: William DENT, Michael ROOT[?]
12 June 1740, at Appleby, will proved and administration granted to Anne WHARTON & Thomas WHARTON, by John WAUGH
On administration document, John and Thomas are described as yeomen. Thomas signed his name & Anne made her mark W. Witnesses were Henry WAUGH, John WINDSOR, John SALKELD, yeoman.



John WHARTON, Waitby, husbandman, 1749 -
Will dated 2 Sep 1749, proved 13 June 1750 -
Three daughters (all under 21), Isabel, Jane and Margaret WHARTON, to have three rooms over Cowhouse and one backward to live in rent free until they marry.
Son and heir William WHARTON
Son Christopher WHARTON, garth called Green Garth, and close called Tottes, lands called Crooklea; and also land called Low Tofts and Tofts given me by my Father Christopher WILKINSON -
Sons John WHARTON and Richard WHARTON, both under 21 -
Wife Isabel, rest and residue, sole executrix.
Witnesses: Thomas ORTON, sworn; John TEBAY, sworn; Michael ROSE.



John WHARTON, dated 17 June 1751, proved 11 June 1752, glover -
Wife Elizabeth, full and sole executrix -
daughter Sarah WHARTON not yet 21 -
2 closes of land
Son and heir John WHARTON .



Thomas WHARTON, Soulby, p. Kirkby Stephen, proved 1777


John WHARTON, surgeon & apothecary, dated 1780, proved 1781 -
Wife Mary; brother in law John COXALL, of Grenada in the West Indies, merchant; sister Isabella BAINBRIDGE.


John WHARTON of Kirkby Stephen, gentleman -
Will dated 14 May 1777; proven 22 Nov 1782 -
My dear & only daughter Isabele, all my late wife and mothers wearing apparell (not yet 21) -
My son Michael (also not yet 21) -
Trustees and executors: Gilpen GORST of Staindrop, Durham, and Thomas HOOKS[?] of Appleby Castle, Westmorland, gentlemen -
Cancel any debts of Robert ATKINSON of Mallerstang -
If both chn die then to Right Honourable Sackville Earl of Thanet Island.



Joshua WHARTON of Kirkby Stephen in the County of Westmorland Gentleman, 1833
To my Nephew William DIXON … my Tan Yard with the Pits… a Dwelling House Garden and Lime pits … newly erected stable situate behind Fletcher House in Kirkby Stephen. To my sister Mary fifty two pounds ten shillings annually … my sister Isabella DIXON two hundred pounds To my sister Jane ROBINSON fifty pounds To my niece the wife of Anthony BRADLEY two hundred pounds To my nephew Joshua WHARTON five hundred pounds … when he shall attain the age of twenty six years… unto my sister Mary WHARTON for and during her natural life. All that newly erected Messuage or Dwelling House called “Fletcher House” with two gardens and Gig-House … and after her decease unto my Nephew William DIXON his heirs and assigns for ever…But in case he die without issue I give the same to my Nephew Joshua … Also my Freehold Estate called ‘Bents’ within the parish of Ravenstonedale … Joshua Wharton charge the same with the following legacees … To my niece Isabella wife of William SCOTT one hundred pounds … to my niece Jane WHARTON one hundred pounds … to be paid by my said Nephew Joshua as soon as he attains the age of twenty one years … I request Nephew William DIXON complete and furnish “Fletcher House” in a plain neat and comfortable manner........
…custody tuition and Guardianship of Nephew Joshua WHARTON unto my Brother John of More Lands and Nephew William DIXON until he shall attain the age of twenty one years
Will dated 10th December 1833
Witnesses Anthony HUTCHINSON, Elizabeth ROBINSON (her mark) John Whaley ABBOTSON
Whereas to Brother John Wharton two hundred pounds…to my servant Elizabeth Robinson Eighteen Guineas… Codicil to my Will dated 12 March 1834.
Witnesses - Anthony Hutchinson – John Whaley Abbotson



Joshua WHARTON of Kirkby Stephen in the County of Westmorland Yeoman, 1842
to my dear Mother Isabella Wharton £100
to my dear Brother Robert Wharton £100 upon his attaining the age of twenty one years…interest or any part of the sum…in the education or schooling and apprenticeship or trade or Business
to my dear wife Margaret – sole Executrix – Estate and Effects.
Will dated 17th September 1842
Witness – Henry Jackson -- Thomas Giff
Codicil: revoke legacy to Mother; Executrix Margaret Wharton to invest Mother’s £100;
If Mother dies before Brother Robert reaches twenty one years then his share of the £100 bequeathed to him and to my cousin £50
Codicil dated 6th October, 1842
James Milne, Robert Irving, Clerks to Messrs. Jackson and Hewitson



James WHITEHEAD of Raisbeck p Orton Westmorland, yeoman -
Will dated 14 Jan 1784; proved 17 Jun 1784 -
To my younger son Robert ...when he reaches 21 years -
Daughter Isabel when she reaches 21 years -
Beloved wife Dorothy, -
Eldest son John WHITEHEAD exec.
John WHITEHEAD, William BOWNESS responsible for education of younger children.
Wit. John BOWNESS, John CLEASBY the younger.



Robert WILKINSON.[Partial details]
Date of will 18 September 1826, proved 17 March 1827.
Has freehold property now in the occupation of Mark BELLAS, farmer.
To daughter Betty, wife of Henry RICHARDSON, field called Edge Close To daughter Jane WILKINSON, one dozen chairs and two arm chairs now standing in a room above stairs, and also a clothes press with all its contents. These two daughters are joint executrixes.
Witnesses John SMITH, Elizabeth SMITH and Joseph BRISCO
Effects under £1000.
[Family History Library Film 90532]



Joseph WILLAN of Shap in the County of Westmorland, yeoman.
Will dated 30 May 1803.
To my wife Esther WILLAN, the sum of thirty pounds a year during the term of her natural life to be paid to her quarterly out of my several estates at Shap, Wetsleddale and Wood End in the Parish of Orton, in equal portions according to their respective rents. To my four youngest children, Mary, Joseph, John and Thomas, the sum of two hundred and fifty pounds apiece, making in the whole the sum of one thousand pounds in trust to Richard HUNTER of Hog Row in the parish of St. Lacoreuse and Appleby and Thomas HEW of Kirkby Koridal Esqr, both of the County of Westmorland, the interest of which said sum of one thousand pounds to be applied to the maintenance of my said children Mary, Joseph, John and Thomas. At the age of twenty one years they are to receive two hundred and fifty pounds. To Richard HUNTER and Thomas HEW Esqr all my goods chattels and personal effects to be sold – first for the discharge of my just debts and the residue to be given to my youngest children, the interest for their maintenance and education.
Richard HUNTER and Thomas HEW Esqr appointed executors. Joseph Willan signed.
Witnesses: James HOLLUSE, Vicar of Shap and John ROBINSON
Proved February 22, 1804; Admon of goods administered, passed September 1822.
[From photocopy from Family History Library microfilm 90522.]



Isaac WILLAN, husbandman, of Orton, Westmorland.
Date of will 13 September 1826. Proved 23 March 1827.
All estate and effects (under £100) to wife Mary WILLAN.
Witnesses John ELLWOOD and Robert MILNER.
[Family History Library microfilm number 90532.]



Jonathan WILLIAMSON of Natland yeoman, 18 Jan 1752 -
Gave to his brother John his messuage and land [etc] at Natland he to pay thereout to Jonathan’s brother in law Jonathan PEILE £40 within 2 months of Jonathan’s death and £20 to his brother Stephen WILLIAMSON.
To his brother Thomas WILLIAMSON he gave the land at Patton given to him by his late uncle Thomas WILSON subject to the payment of £200 after the death of his aunt Ann as specified in the will of his uncle.
His brothers John and Thomas were his executors.



Thomas WILSON late of Patton in parish of Kirkbie Kendal, 23 June 1740
- but now of KK yeoman.
To his wife Ann for her life and without impeachment for waste Oldfield in Patton and houses and land in Borrowdale Westmorland and on her death to his nephew Jonathan WILLIAMSON son of late brother Stephen WILLIAMSON of Natland he to pay £200 as Ann shall direct.
His goods chattels and personal estate to Ann and she was appointed his executor.



Ann WILSON of Kirkbie Kendall widow of Thomas WILSON; 19 May 1756 -
Refers to an Indenture of 23 June 1742 relating to ‘Oldfield or Oldfield End’.
Gives the £200 from her power of appointment in her husbands will by £10 each to Dorothy John Elizabeth Richard and Edward HOLME ‘children of my late nephew Edward HOLME deceased’ and the remaining £150 to ‘my nephew Thomas HOLME of Sedbergh shopkeeper and my cousin Thomas HOLME of Kirkbie Kendall mercer’.
To her nephew William HOLME of Kirkland brazier an annuity of 40s per year for life paid quarterly and on his death £5 to each of his children
To Daniel NOBLE of Stramongate Kirkbie Kendall weaver the same annuity and gifts on his death
The above 2 annuities and the subsequent gifts are charged on the gift to the 2 Thomas Holme but they are given wide powers of investment.
To Elizabeth HOLME widow of her nephew Edward and to Mary wife of Thomas HOLME of Sedbergh she gives her bed linen and table linen.
The residue is to the 2 Thomas HOLME and they are appointed her executors.
Memorandum added by Thomas HOLME of Kirkbie Kendall that the £200 had been paid 1st February 1786.




Thomas WILSON of Borrans in New Hutton Westmorland yeoman, 13 Feb 1776 -
To his wife Elizabeth his plate household goods and furniture
To his son Stephen sheep rent [?] and residue and remainder of his goods and personal estate
He appoints his nephew John PEELE of Carnforth Lancs. Gent and ‘my relation’ James WILSON of Kirkbie Kendall Shearman his executors and gives them Oldfield End in Patton to sell at public sale and to pay all his debts, to pay his wife £100 ‘on condition she shall give up her Right and Title of Dower’ but if she shall not the legacy falls into residue and she shall have no benefit from the will and the gift of plate and goods shall be divided between his three sons Robert, Jonathan and Thomas.
He gives £20 to his son Stephen and £20 to his daughter Ann after 12 months after his death
His executors each get £1.1s and their expenses and Ann another £200 on distribution of the residue, which is to go to his three sons when they are each 21.
The will is endorsed that Probate was granted to John PEELE and James WILSON on 3 February 1781.





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