Walter Irwin's Last Will & Testament

9 August 1853

This is the last Will and Testament of me Walter Irwin of Hallfoot in the parish of Kirklinton in the County of Cumberland Yeoman I give and devise unto my Son Walter for his natural life my messuage tenement and Estate called Hallfoot in the said parish of Kirklinton And after his decease I give and devise the same to Walter John and Jared the three sons of my Daughter Elizabeth in equal shares as tenants in common their respective heirs and assigns for ever I give and devise unto Silas Saul of Carlisle in the said County Gentleman and my said son Walter their heirs and assigns my messuage and tenement or Estate called Craigs in the parish of Bewcastle in the said County Upon trust to demise and let the same for any term not exceeding eleven years in possession at the best rent that can be reasonably had for the same And to stand possessed of the clear rents and profits thereof after paying all expenses of management costs of repair and the annuities hereinafter given Upon trust as to one equal fourth part thereof for my Son Joseph during his life And after his decease for his eldest or only son his heirs and assigns and if shall have no Son then for his daughters equally if than one as Tenants in common their respective heirs and assigns And if only one then for such only one her heirs and assigns And if he shall no issue living at his death then I direct that his said share shall lapse for the equal benefit of the person or persons then enjoying my said Estate or the rents or profits thereof in the same manner as if the said share had been originally three in number And as to one other undivided fourth part of the said clear rents and profits Upon trust for my Son James during his life and after his decease for his son Walter his heirs and assigns and as to one other equal fourth part Upon trust for Jane the Daughter of my said Daughter Elizabeth, her heirs and assigns And as to the remaining fourth share Upon trust for Mary Daughter of my said Daughter Elizabeth her heirs and assigns I give to my Daughter Elizabeth an annuity or yearly sum of Ten pounds And to my daughter Eleanor Fenwick a like annuity or yearly sum of Ten pounds for their respective lives which annuities I charge upon my said Estate called Craigs And I give to my said Daughters Elizabeth and Eleanor powers of distress upon the said Estate called Craigs whenever their respective annuities shall be unpaid for the space of forty days in like manner as if the same had been reserved upon a common demise And I direct that the said annuities shall be respectively paid in equal portions on the first day of May and the eleventh day of November in every year the first payment to be due and made on whichever of the said days shall first happen after my decease I give the two beds staying in my parlour with the bedding and Linen and other furniture upon them to my said daughter Elizabeth All the rest of my personal Estate whatsoever and wheresoever I desire my Executors to convert into money and after paying all my just debts funeral and testamentary expenses I give the clear produce thereof unto all the individuals who shall be immediately after my decease recipients or beneficial takers under my will in equal shares as Tenants in common Provided always and I direct that my said Executors shall cause a valuation to be taken of my household furniture immediately after my decease Except the said two beds and they shall then offer the same to my said daughter Elizabeth at the price set thereon my said daughter being at liberty to take either the whole or any portion thereof And I direct that the price of the articles my said daughter may purchase shall be charged against her in settling her share of my personal Estate so that she may receive or pay money according as the balance may be for or against her I declare my personal Estate to be entirely free from the annuities hereinbefore given I direct that my said Estate called Craigs shall after the decease of the survivors of them my said Sons Joseph and James and daughters Elizabeth and Eleanor be conveyed to or held to the use of the person or persons then entitled to the rents and profits thereof according to their Estates or interests therein I appoint the said Silas Saul and my son Walter Executors of this my will I revoke all former wills in witness whereof I have hereunto set my hand this ninth day of August one thousand eight hundred and fifty three

Walter Irwin signed by the Testator in our presence and at the same time subscribed by us in the presence of each other and the Testator

Richard Graham Hallhills
Archibald Goodfellow Bolton Fell End

Effects under 2,000 Proved 10th December 1853 by Silas Saul and Walter Irwin

 

Notes

Eleanor Irwin married Joseph Hetherington Fenwick at Kirklinton 04/11/1833
Elizabeth Irwin married Jared Irwin at Kirklinton on 22/09/1827