[Sheet one:]
This is the last Will and Testament of me Septimus Rawes of / Kendal in the County of Westmorland, Coal
Merchant. I appoint my wife Mary and my / friend Christopher Gardner Thomson of Kendal aforesaid, Gentleman joint
Executrix and / Executor and Trustees of this my Will I give and bequeath unto her my said wife Mary / the use and
enjoyment of all my Household Goods and Furniture Plate Linen and China Books Prints and Pictures during her life
of Widowhood And after her decease or second / marriage whichever event shall first happen I direct the same to be
disposed of as part of the / residue of my personal Estate I give and bequeath my business of a coal merchant /
which I have for some time carried on in Kendal aforesaid and all my interest therein and / all my stocks and
effects now or hereafter to be employed therein and all monies and debts which / shall belong and be due and owing
to me at the time of my decease for or on account of the said / business unto my said wife Mary and the said
Christopher Gardner Thomson their Executors / administrators and assigns Upon Trust that they my said Trutees do
and shall / manage and carry on the said business until my son George Byron Rawes shall / attain the age of Twenty
One years or die whichever event shall first happen And for / that purpose I declare that my said Trustees shall
have the fullest power over the said / Business which I can give them by this my Will so to enable them to carry
on / manage and conduct the business in the same manner to all intents and purposes / as I myself could if I were
still living and acting therein And for that purpose I empower / my said Trustees to employ hire and engage such
clerks workmen and others and / allow such sums of money for their salaries wages or hire as they shall think
proper / And I do hereby declare that during such time as the said business shall be carried on / by my said
Trustees in pursuance of this my Will they shall stand and be possessed of / and interested in the said business
stock and effects monies and debts and the / profits to arise from the same after payment thereout of all expenses
incident to the carrying / on of the said business Upon and for the Trusts intents and purposes hereinafter
declared / concerning the same provided always and I hereby declare that it shall be lawful / for my said Trustees
to discontinue the business at any time whilst the same shall be carried / on by them in pursuance of this my Will
But in case the said business shall not have / been previously discontinued by my said Trustees then I direct that
when and so soon as / my said son George Byron Rawes shall attain the age of Twenty One years he shall / become
entitled to my said business and the Goodwill thereof and the stock and / effects then belonging to the same for
his own use and benefit upon the terms following / (that is to say) I direct that the said stock and effects of
the said business (exclusive / of the goodwill thereof for which my son is not to pay any consideration whatever)
/ shall be valued and appraised by the persons one of whom shall be chosen by my said
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son George Byron Rawes and the other by my Trustees and in case such two / persons shall not agree in their
valuation and appraisement then the same shall be / valued and appraised by such person as the two first referees
or arbitrators shall / (previously to their entering on their valuation and appraisement) for that purpose /
appoint umpire And I declare that my said son George Byron Rawes shall be at / liberty to take the said business
stock and effects at the amount of the valuation and / appraisement so to be made as aforesaid and that my said
Trustees shall stand / possessed of the amount to be received from my said son George Byron Rawes / Upom and for
the Trusts intents and purposes hereinafter declared concerning / my residuary personal Estate And I direct my
said Trustees in case of the refusal / of my said son George Byron Rawes to take the said business stocks and
effects at such / valuation as aforesaid or in case of the death of my said son George Byron Rawes before /
attaining the age of Twenty one years or in case my said Trustees shall in / pursuance of the power herein before
given for that purpose think proper to discontinue / my said business altogether to sell the goodwill stocks and
effects to any person or persons / willing to purchase the same for such price as my said Trustees shall think /
reasonable and shall stand possessed of the monies to arise by the sale of the said / business stock and effects
Upon and for the Trusts intents and purposes / hereinafter declared concerning my said residuary personal Estate
And as to all / the residue and remainder of my personal Estate and effects whatsoever and / wheresoever and of
what nature or kind soever of or to which I shall be possessed or / entitled at the time of my decease I give and
bequeath the same unto my said / wife and the said Christopher Gardner Thomson their executors administrators and
/ assigns Upon Trust that they my Trustees shall with all convenient speed sell / and dispose of and convert into
money all such part or parts thereof as shall not at / the time of my decease consist of money And after payment
thereout of all my just / debts funeral and testamentary expenses and costs charges and expenses of / proving and
carrying into execution the Trusts hereof Upon Trust to invest the / residue therof in their names in or upon any
of the Public Stocks funds or securities / of the United Kingdom or any Real Securities or upon the Debentures of
any public / company authorised by Act of Parliament and paying a dividend And I / authorise my said Trustees from
time to time to vary and transpose the said / Stocks Funds and securities as they shall think fit And I declare
that my said / Trustees shall stand possessed of the said Trust monies and the Stocks Funds and / securities in or
upon which the same shall from time to time be invested and the / profits of my said business Upon Trust following
namely Upon Trust
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to pay the income dividends and annual proceeds to arise from the investments / hereinbefore directed to be made
and also the profits to arise from my said business / so long as the same shall be carried on by my Trustees unto
my said wife Mary / during the term of her natural life if she shall so long continue my chaste widow And / from
and after her decease or second marriage I direct my said Trustees to stand / possessed of the said Trust monies
Stocks Funds and securities Upon Trust to divide / the same equally between and amongst all and every my children
then living and / the issue of such of them as shall be then dead such issue nevertheless to take only the / share
or shares which his or her or their deceased parent or parents would if living have / taken I give and devise all
my Real Estate unto my said Trustees and the / survivor of them and the heirs executors or administrators of such
survivor Upon Trust / to let the same and to receive the rents after deducting therefrom all expenses for repairs
/ insurance and other charges I direct that the clear rents issues and profits shall be paid / unto her my said
wife Mary for and during the term of her natural life in case she shall / so long remain my widow And on the
decease or second marriage of my said wife / Mary then I order and direct my said Executors to make sale
absolutely / dispose of all my said Real Estate either by public auction or private contracts and to / convey and
assure the same to the purchaser or purchasers thereof and to give valid / receipts and acquittances for all
purchase monies received by them which receipts / shall be sufficient discharges to the person or persons paying
the same And I / declare that such purchaser or purchasers shall not be answerable or accountable for / the said
purchase monies nor liable to see the application thereof And I further / direct that my said Trustees shall stand
possessed of the monies arising from such / sale of my Real Estate Upon Trust after paying thereout all the costs
of sale / to pay and I do hereby give and bequeath the residue thereof unto and equally / between and amongst all
and every my children then living and the issue of such / of them as shall be then dead leaving issue the issue of
any deceased child or / children nevertheless only taking amongst them the share or respective shares / which his
her or their parent or parents would if living have taken And I declare / that the amount of the share and
interest under this my Will which may become / payable to any child being a daughter shall be for the sole and
seperate and peculiar / use and benefit of such daughter and that the same shall not be liable to the debts /
engagements or control of any husband with whom she may at any time hereafter / intermarry and that her receipt
alone (notwithstanding coverture) shall be a good / discharge to my said Executors for the amount payable to her
under the Trusts / hereof And lastly I declare that my said Executor Christopher Gardner
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Thomson shall be allowed out of my personal Estate all such usual / professional charges as he would have been
entitled to make if he had not been / appointed my Executor but employed as solicitor to my Executors Invoke all /
former Wills by me at any time made and declare this alone to be my last / Will and Testament In Witness whereof I
have hereunto subscribed my name / this 22nd April one thousand eight hundred and sixty eight
Signed by the said Testator Septimus Rawes as and for
his last Will and Testament in the presence of us present
at the same time who at his request in the presence and in
the presence of each other have hereunto subscribed our /
names as witnesses
Septimus Rawes [signs]
George B. Greenall
John Eccles
Proved at Carlisle the fifteenth day of December 1874
by the oath of Mary Rawes widow Relict of the Testator
one of the Executors named in the Will to whom
Administration was granted. Christopher Gardner
Thomson the other Executor named in the Will
having renounced the Probate and execution thereof
The Testator Septimus Rawes was late of Kendal in the County of Westmorland / Coal Merchant and died on the
fifteenth day of November 1874 at Kendal aforesaid.
Under £2000.
William Grant Rawes
Solicitor
Kendal
Certified Copy
Transcribed from the original by Bryant Bayliffe, 2002
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