George Irwin's Last Will & Testament

6 January 1877

This is the last Will and Testament of me George Irwin of Little Corby in the County of Cumberland Yeoman. I bequeath the household furniture plate Linen china Glass Books pictures and Housekeeping Stores of which I shall die possessed to my dear wife Bridget absolutely. And whereas by an Indenture, dated the twenty fourth day of November one thousand eight hundred and fifty nine All that the equal undivided half part or share right and Interest of my Brother Thomas Irwin (in the said indenture called "Irving") of and in certain Cottages and Gardens at Little Corby aforesaid, and of and in certain Messuages Lands and Tenements in the parishes of Hayton, Irthington and Wetheral in the County of Cumberland, And of and in all other the real Estate whatsoever and wheresoever given and devised to the said Thomas Irwin and me as Joint Tenants by the will of my Father George Irwin deceased were granted conveyed and assured Upon Trust for the said Thomas Irwin and his assigns during his life And from and after his decease Upon Trust for me during my life And from and after the decease of the survivor of us the said Thomas Irwin and myself Upon such Trusts for such Intents and purposes and with under and subject to [….] restrictions and limitations and in such manner in all respects as I should by deed or by my last will or any Codicil or Codicils thereto duly executed and attested at any time or times appoint so only that every such appointment be made in favour of my then present or any future wife of a child or Children of mine or the issue of such Child or Children. Now in exercise of the said power and of every other power now or at the time of my decease hereunto enabling me I appoint and devise all the Estate share Interest hereditaments and premises comprised in and assured by the hereinbefore recited Indenture And I give and devise all my equal undivided moiety half part or Share and Interest of and in the same hereditaments and premises And also all other Real Estates whatsoever and wheresoever situate (including Chattels real) to which I shall be entitled at my decease whether in possession reversion or otherwise or over which I have or may have any power of disposition And I bequeath the residue of my personal Estate unto and to the use of John Bell of Tinkle Street Carlisle Upholsterer William Richardson of Brow Top near Warwick in the County of Cumberland Gentleman and William Noble of Low Wall near Brampton in the same County Farmer their heirs Executors administrators and assigns Upon Trust in the first place by Mortgaging or charging such part or parts of my real Estate as is situate at Little Corby or elsewhere in the said parishes of Hayton and Wetheral or a Competent part or parts thereof to raise in exoneration of such part or parts of my said real Estate hereditaments and premises as is or are situate at Newby in the said parish of Irthington and of my residuary personal Estate so much money as shall be requisite to satisfy my funeral and testamentary Expenses and Debts And any Incumbrances which at the time of my decease may affect the said real Estate or any part thereof together with the expenses of executing this Trust and to apply the money to be so raised accordingly And subject thereto Upon Trust to permit and suffer my said wife Bridget to receive and take the rents Interest dividends and annual proceeds of all the said real and personal Estate hereinbefore devised and bequeathed during her life She paying the Interest on any Mortgage Incumbrances for the time being affecting the same real Estate or any part thereof And also maintaining educating and bringing up in a manner suitable to their situation in life such of my Sons as shall be for the time being under the age of twenty one years and such of my daughters as shall for the time being be under that age not having been married And also to permit my said wife if she shall think proper to carry on my Farming and Grazing Business and to employ for that purpose my live and dead agricultural Stock and such of the said personal Estate as shall be employed therein at my decease with any additional Capital which my Trustees or Trustee shall think fit And from and after the decease of my said Wife As to for and concerning the entirety of the said real Estate hereditaments and premises situate at Newby aforesaid Upon Trust for my daughter Mary Amelia her heirs and assigns for ever And as to for and concerning the entirety of the said real Estate hereditaments and premises situate at Little Corby aforesaid or elsewhere in the said parishes of Hayton and Wetheral including Chattels real and also the Cottages houses and gardens in which my Brothers John James and Walter have a life Interest, And all other real Estate to which I shall be entitled at my decease And all the residue of my personal Estate Upon Trust for my Son William George his heirs Executors administrators and assigns absolutely Subject nevertheless to and charged with the payment of my said funeral and Testamentary Expenses and debts and any Mortgage or other Incumbrances which at my decease or the decease of my said wife shall affect the said real Estate hereditaments and premises hereinbefore appointed and devised or any part thereof And also subject to and charged with the following Legacies which I bequeath accordingly namely to my said Daughter Mary Amelia one hundred and fifty pounds And to each of my Sons George, Walter, Thomas Chambers and Joseph Faulder one hundred pounds. I declare that it shall be lawful for my Trustees or Trustee for the time being of my will from time to time and at any time after the decease of my wife with and out of the rents and profits of the said real Estate hereditaments and premises appointed and devised to may said son William George or by Mortgaging or charging the same or a competent part or parts thereof to raise in aid of my said residuary personal Estate (if insufficient) so much money as shall be requisite to satisfy the pecuniary Legacies hereinbefore bequeathed together with the expenses of executing this Trust and to apply the money to be so raised accordingly I declare that any Mortgage made by the Trustees or Trustee for the time being of my Will may in their or his discretion contain a power of Sale. And that every Mortgage or charge to be made or created by my Trustees or Trustee for the time being shall be in favour of the Mortgagee or Lender presumed to be necessary and proper I empower my said Wife during her life and after her decease the Trustees or Trustee for the time being of my Will during the respective minorities of my said Son and Daughter William George and Mary Amelia to grant Leases of the said real Estate hereditaments and premises hereinbefore appointed and devised or any part or parts thereof for any term or terms of years not exceeding seven years in possession at the best rent without taking any fine or premium and upon such terms in other respects as the Lessors or Lessor shall think reasonable I devise that all the real Estates vested in me as Trustee or Mortgagee to the said John Bell, William Richardson and William Noble their heirs and assigns Subject to the Equities affecting the same respectively I declare that the receipts of the Trustees or Trustee for the time being of my Will for such monies stocks funds and securities as shall be paid or transferred to them by virtue of my Will shall effectually discharge the person or persons paying or transferring the same from liability to see to the application thereof. I empower my said Wife during her life and after her decease the Trustees or Trustee for the time being of my Will if any or if none the Executors or administrators of the last deceased Trustee or either or any of such Executors or administrators from time to time to nominate in writing any person or persons to supply the place of any Trustee or Trustees of my Will, who shall die whether in my lifetime or after my decease or disclaim or be unable or unfit to act or desire to retire from the office And every Trustee so appointed as aforesaid shall be fully competent to exercise all the powers and discretions which are reposed in the Trustees hereby named. I appoint the said John Bell, William Richardson and William Noble to be Trustees of this my Will And I appoint my said wife Bridget and the said John Bell, William Richardson and William Noble to be Executors of this my will. And I appoint my said wife during her life and after her death the said John Bell, William Richardson and William Noble to be the Guardians and Guardian of my Children during their respective Minorities. I revoke all former Wills and declare this to be my last Will and Testament In witness whereof I have hereunto set my hand this sixth day of January one thousand eight hundred and seventy seven

George Irwin

Signed and declared by the said Testator George Irwin as and for his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses

Henry Dobinson Solicitor Carlisle
Thomas Watson Solicitor Carlisle

Proved at Carlisle the 28th May 1878 by the oaths of Bridget Irwin widow relict of the Testator John Bell and William Noble three of the Executors named in the will to whom administration was granted. William Richardson the other Executor named in the said Will having renounced the probate and Execution thereof.

The Testator George Irwin was late of Little Corby in the parish of Hayton in the County of Cumberland Yeoman and died on 25th January 1878 at Little Corby aforesaid.

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