[Sheet one:]
This is the last Will and Testament of me Richard / Rawes of Kendal in the County of Westmorland Esquire I give
and / bequeath unto my dear wife Sarah All my Household goods and Furniture / Plate Linen and china Books Prints
and Pictures Wines and Liquers for her / own use absolutely I also give and bequeath unto my said wife the
Legacy / or sum of Two hundred Pounds which I direct shall be paid to her out of / my Personal Estate immediately upon
my decease I also give and devise unto / my said wife All that my messuage and Tenement or dwelling house
wherein / I now reside with the several Gardens Cottages stables wool rooms and Hay / Loft Cowhouse Gighouse and
all other the dwelling houses thereto adjoining situate / in Kendal aforesaid and on the east side of the lane leading
from Stramongate / Bridge to Minto Feet[?] To hold to her her heirs and assigns absolutely forever / I also give
and devise to my said wife all those several messuages and tenements / or dwelling houses with the yard garden
and appurtenances therunto belonging / situate in Stramongate in Kendal aforesaid which I purchased from the /
Divisees of William Urlson [Wilson?] deceased Also all those my two dwelling houses with / the out offices and
two gardens behind the same situate at Far Cross Bank in / or near Kendal aforesaid To hold to her for and
during the term of her natural / life And from and after the decease of my said wife I give and devise the larger
of / my said two last named dwelling houses with the out offices and Garden occupied / therewith at Far Cross
Bank adjoining the Appleby Road unto my nephew Robert / Rawes son of my Brother Robert Rawes his heirs and
assigns forever And I / give and devise the other of my said two dwelling houses which front to a Lane / leading
from the Appleby Road to the Shap road with the garden and out offices / occupied therewith unto my nephew John
Rawes son of my said Brother his / heirs and assigns forever I give and devise unto John, Joseph and Thomas /
Hudson sons of the late Thomas Hudson All my messuage and tenement / called the Kings Arms Inn with the outhouses
stables and offices thereunto belonging / situate at Shap and all the other messuages and Tenements or dwelling
houses and / the several Inclosures of Land which I purchased of the devisees and / representatives of the late
Anthony Sideforth And also all that my messuage Tenement / or Estate and farm called Millbeck situate at Shap
lately purchased by me from / the Cumberland Union Banking Company To hold to them their heirs and / assigns
forever as Tenants in Common subject nevertheless to and charged and /
[Sheet two:]
chargeable with the payment to my Executors within twelve calendar months from / my decease of the sum of Eight
hundred Pounds. I give and devise unto William / Hudson of Wet Sleddale the eldest son of the late Thomas Hudson
deceased All / those my two several messuages Tenements or Estates called Thorny Bank and / Cooper Green situate
in Wet Sleddale in the said County of Westmorland with all / the lands grounds hereditaments and appurtenances
therunto belonging Also all / those four several closes or Inclosures of Land and the Plantation of Ground which
/ I purchased from the Commissioners for enclosing Waste Lands in the Parish of / Shap To hold to him his heirs
and assigns subject nevertheless to and chargeable / with the payment of the annuity or yearly rent charge or
sum of Forty pounds to / my nephew the Reverend William Rawes late of Easington in the County of Durham / Clerk
for and during the Term of his natural life to be paid to him by two / equal half yearly payments in the year the
first half yearly payment thereof to be / made at the end of Six Calendar months from my decease and which said /
annuity I do give and bequeath unto the said William Rawes accordingly / And I hereby declare that it shall be
lawful for the said William Rawes / by distress and also by entry upon and by perception of the rents and profits
of / the said messuages Lands and hereditaments so devised by my Will to the / said William Hudson to recover
payment of the said annuity or rent charge when / the same shall be unpaid and in arrears for the space of twenty
one days and / as to all the rest residue and remainder of my Real Estate whatsoever and / wheresoever that I may
be siezed or possessed of at the time of my decease and not / hereinafter disposed of I give and devise the same
unto my Trustees hereinafter / appointed their heirs and assigns Upon Trust subject to the Estate for life of
my / said wife in such parts thereof as are hereby devised to her for life immediately upon / my decease or when
they in their discretion shall think proper to make sale and / absolutely dispose of the same either together or
in parcels and either by public auction / or private contract or partly by public auction or partly by private
contract and to / convey the same when so sold unto the purchaser or purchasers thereof and I declare / that the
receipt or receipts of the Trustees or Trustee for the time being of this my Will / for any money to be paid to
them or him under this my Will shall exonerate the person / or persons paying the same from all liability in
respect of the application thereof I also / give and bequeath unto my said Trustees their executors
administrators and assigns / All the rest residue and remainder of my personal Estate including my shares in /
[Sheet three:]
Ships my shares in Banks and my Railway shares and all other my / personal Estate and effects whatsoever and
wheresoever and of whatever nature / or kind the same may be upon Trust to get in and convert into money such
part and / parts therof as may not consist of money at the time of my decease And upon / further Trust after
payment thereout of my debts funeral and Testamentary expenses / and the Legacy to my said wife in the first
place to retain out of the proceeds of the / sale of my said real Estate and the sale and conversion of my
personal Estate / such a sum of money the interest dividends and annual proceeds whereof will / satisfy and pay
to my said wife during her life one annuity or clear yearly sum of / One hundred pounds and which annuity I give
and bequeath to my said wife for / her life accordingly and declare the same shall be paid to her by two equal
half / yearly payments in the year the first half yearly payment to be made at the end of / six months after my
decease And in the next place to pay out of my said residuary / real and personal Estate the following Legacies or
sums of money which I give and / bequeath accordingly and direct shall be considered payable at the end of twelve
/ calendar months from my decease that is to say unto William Shirley Maule the son / of the Reverend Henry
Augustus Maule of Huntingdon the sum of Five hundred / pounds to Henry Augustus Rawes son of my nephew the
Reverend William Rawes / the sum of Five hundred pounds to William Thomas Rawes another son of the / said
Reverend William Rawes the sum of Five hundred Pounds to be paid to him / if he shall attain the age of twenty
one years to Mary Isabella, Frances Ann, / Sarah Shirley and Elizabeth Blackburn Rawes the daughters of my said /
nephew William Rawes the sum of Two hundred pounds apiece And I direct my / said Trustees to purchase with such
part or parts of my personal Estate as the law / permits to be bequeathed to charitable purposes in the names of
the Vicar for the / time being of the Parish of Shap and of three or more of the principal inhabitants / or
persons connected with the said Parish or competent sum of Three pounds per / centum consolidated annuities and I
direct that the dividends thereof shall be / applied in the following manner that is to say. Five pounds yearly
to the Schools at / Shap and the sum of two shillings weekly in the purchase of Bread to be / distributed amongst
the poor people attending the Parish Church of Shap And / the residue of the proceeds of the sale and conversion
of my said real and personal / Estate subject to the Estate for life of my said wife in the parts of my real
Estate / devised to her for life and to the payment of the annuity to my said wife I direct /
[Sheet four:]
my said Trustees to lay out and invest the same upon real or Government Securities / or by way of Loan on the
security of the stocks or funds of any Company incorporated / by Act of Parliament and paying dividend and to stand
possessed of one fourth part / or share of the same stocks funds and securities Upon Trust to pay to or permit
and / suffer my Brother Robert Rawes to receive the interest dividends or annual proceeds / thereof for the Term
of his life And after the decease of my said Brother Robert / to stand possessed of the said fourth part or share
In Trust for all and every the / child and children of my said Brother who being a son or sons shall attain the
age / of twenty one years or being a daughter or daughters shall attain that age or marry if / more than one in
equal shares as Tenants in Common and if but one such child the / whole to such one child but if there be no
child of my said Brother who shall / acquire a vested interest in such Trust Estate and effects the In Trust for
my said / Brother his executors administrators and assigns absolutely And as to one other fourth / part or share
to stand possessed therof Upon Trust to pay to or permit and suffer my / Brother Gerard Rawes to receive the
interest dividends and annual proceeds therof / for his life And after his decease to stand possessed of the same
part or share In Trust / for all and every the child and children of my said Brother Gerard who being a / son or
sons shall attain the age of twenty one years or being a daughter or daughters / shall attain that age or marry
if more than one in equal shares as Tenants in / Common and if but one child the whole for such one child but if
there shall be no / child of my said Brother who shall live to acquire a vested interest in such Estate / and
effects then In Trust for my said Brother Gerard Rawes his executors / administrators and assigns absolutely And
as to one fourth part or share to stand / possessed therof In Trust for all and every child and Children of my
late sister / Ann Mackenzie who being a son or sons shall attain the age of twenty one years / or being a
daughter or daughters shall attain that age or marry if more than one / in equal shares as Tenants in Common and
if but one the whole for such child / And as to one other or remaining fourth part or share In trust for all and
every the / child and children of my late sister Isabella Hudson who being a son or sons shall / attain the age
of twenty one years or being a daughter or daughters shall attain that age / or marry if more than one in equal
shares as Tenants in Common and if but one such child / the whole for such only child And I further declare that
it shall be lawful for my said / Trustees or Trustee as to the respective parts or shares bequeathed to my said
Brothers for life as / aforesaid with their respective consents during their respective lives And after their
respective /
[Sheet five:]
deceases and as to the parts or shares bequeathed to the children of my sisters respectively / at the sole
discretion of my said Trustees or Trustee to apply any part part or parts of my / residuary Estate or of the
respective accumulations thereof not exceeding one half to which any / of my said nephews or nieces may be
presumptively entitled as aforesaid on or towards their / his or her respective advancement or preferment in the
world I give unto my said Trustees their / heirs and assigns all Estates vested in me upon Trust or by the way
of mortgage subject to the / several Trusts and Equities affecting the same respectively And I declare that if
my / Trustees hereinafter named or either of them or any Trustees or Trustee to be appointed / under this clause
shall die or be unwilling or incompetent to accept or execute the Trust of / my Will it shall be lawful for my
said wife during her life and after her decease for the / competent accepting Trustees or Trustee for the time
being whether retiring from the office of / Trustee or not or if none othe executors ar administrators of the
last deceased Trustee to / substitute by any writing under their his or her hands or hand any person or persons in
whom / alone or jointly with any surviving or continuing Trustees or Trustee my Trust Estate shall be / vested
And I expressly declare that every Trustee of this my Will shall be exempt from all / liability from losses
occuring to my said Trust Estate without his wilful default or for the / deficiency of any security upon which
my Trust Estate may from time to time be invested and / authorise him to retain and to allow to his Co Trustee
all expenses incidental to the Trusts / hereby in them reposed I appoint my friends George Gibson of Kendal
aforesaid Gentleman / and Thomas Harrison of the same place Attorney at Law Trustees and Executors of this my /
Will and I declare that the said Thomas Harrison shall notwithstanding his acceptance / of the said Trusteeship
be allowed all professional charges which if employed as Attorney / or Solicitor to my Trustees not being himself
a Trustee he would be entitled to make And hereby / revoking all former Wills I declare this to be my last Will
and Testament. In Witness / whereof I have to this my last Will and Testament contained in this and the four
preceeding / sheets of paper set my hand this eighteenth day of December one thousand eight / hundred and forty
six.
Signed and Declared by the said Richard Rawes as his
last Will and Testament in the presence of us present at the
same time who in his presence and in the presence of each other
have hereunto subscribed our names as Witnesses The word Richd: Rawes
"Anthony" in the fourth line from the bottom of the first
page having been first written on erasure and the word
"late" in the eleventh line from the top of the second page
having been first interlined.
Aldred? Harrison.
Solr. Kendal
Hugh Langhorn his Clerk
[Sheet final:]
On this twenty eighth Day of July in the year of our Lord / one thousand eight hundred and forty nine, this Will
/ of Richard Rawes, late of Kendal in the County of Westmorland, / within the Archdeaconry of Richmond in the
Diocese of Chester / Esquire, who departed this life on or about the sixth day of April / one thousand eight
hundred and forty nine was passed in / Common Form, and George Gibson, and Thomas Harrison / both of Kendal in
the County of Westmorland, Executor / herein named was sworn[?] with[?] and faithfully to execute / and perform the
same, and so forth, and that according / to the best of his Information, Knowledge and Belief of the / said
George Gibson and Thomas Harrison, the whole / of the Goods Chattels and Credits of which the said Testator /
Richard Rawes died possessed within the Diocese of / Chester and Manchester, and in the Archdeaconry of / Richmond
in the Diocese of Ripon, (exclusive of what / the said Testator might have been possessed of / or entitled to as
a Trustee for any other person / or persons and not beneficially, and without deducting / any thing on account of
the Debts due and being[?] / by and from the said Testator sworn? under the / value of Seven Thousand Pounds.
Before me
Jos. W. Barnes[?]. M.A.
Surrogate pending Inhibition
Transcribed from the original by Bryant Bayliffe, 2002
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