| Will and Admon of Robert Rawes of Plumgarths. Made 31st July 1880. Proved 6th October 1880 at Carlisle. (Plumgarths Line) |
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[sheet one:] This is the last Will and Testament of me Robert Rawes of / Plumgarths near Kendal in the County of Westmorland Farmer Soda Water Manufacturer / and Lime Merchant I give and bequeath unto my dear wife Margaret Rawes all the / Household Goods and Furniture Plate Linen printed Books China Glass Trinkets / Fuel Wines Liquors and Housekeeping provisions and consumeable articles and also / all the remaining part of the Lease in the Plumgarths Farm at my decease to and for / her own absolute use and disposal with this proviso that my grandson Robert Rawes son / of my daughter Rebecca Blackshow born previous to her marriage to her present / husband Charles Blackshow shall have out of my printed books et cetera Five / volumes of the British Encyclopaedia Five volumes of Goldsmith's Natural History and / one oil painting of Plumgarths Also I give and bequeath to my grandson Joseph / Blackshow son of my daughter Rebecca Blackshow the sum of Nineteen / pounds nineteen shillings I also give and bequeath to Charles Blackshow / the husband of my daughter Rebecca my business as Soda Water / Manufacturer et cetera together with the good will and all the apparatus (with the / exception of the large engine which belongs to the Farm) belonging to such Business / with the stock as it may stand at my decease also two Drags one horse and / complete set of harness for carrying on the said Business And should the said / Charles Blackshow be wishfull to carry on the said Business as it now stands it / is my wish that he shall do so for the space of three months free from any / interruption by my Executors for the time being. I also give unto Charles / Blackshow the stock in Trade of my Blacksmith's Shop situate at Plumgarths / together with all the Tools for his own use and disposal. I also give and / bequeath unto the said Robert Rawes son of my said daughter Rebecca Blackshow / born previous to her marriage with the said Charles Blackshow for his own / absolute use and disposal and power All those three messuages or Dwelling houses / situate in Beathwaite Green Levens in the County of Westmorland Subject to the / proviso hereinafter mentioned, that is to say, That my said Wife during her lifetime / receive the rents of the three said Dwelling houses applying the same in paying / the amount or amounts that may be required over and above such rents to clear the / Mortgage remaining on the said property at the time of my decease these bequests / being and providing ther being sufficient left to discharge my just Debts and Funeral / expenses And I give and bequeath unto my said wife Margaret Rawes of / Plumgarths near Kendal in the said County of Westmorland and Richard / Robinson of Kendal in the said County Manager of the Gas and Water Company / and Charles Cropper of Tolson Hall near Kendal in the said County Gentleman / [sheet two:] All my Stock in Trade Implements of Husbandry Book and other Debts Securities / for money Goods Chattels Credits and personal Estate and Effects wheresoever / and wheresoever and whatsoever nature or kind soever not hereinafter specifically / bequeathed and also all the personal Estate over which I have a disposing power To Hold / the same unto the said Margaret Rawes the said Richard L. Robinson and the / said Charles Cropper their executors or administrators Upon Trust following, that / is to say, Upon Trust as soon as convenient after my decease in the / discretion and of the absolute authority of the Trustees or Trustee for the time being / of this my Will to sell dispose of collect get in and convert into money so much and such parts / of the same residuary personal Estate as shall not consist of money or securities for or / investments of money yielding Income (other than personal securities which I intend / shall be called in) And I hereby declare that my said Trustees or Trustee shall / stand possessed of the monies to arise and be produced from my said residuary / personal Estate as aforesaid or of which the same shall or may happen to be composed / at the time of my decease Upon Trust by with or out of the same monies pay / and satisfy or retain all my just Debts Funeral and Testamentary expenses qnd all / expenses incident to the execution of the Trusts created And upon Further Trusts to / lay out and invest the surplus of the same money in the names or name of my said / Trustees or Trustee in or upon the Public Stocks or Funds or Government securities / of the United Kingdon or upon Mortgage or Real Estate in England or Wales for / the benefit of my said wife Margaret Rawes And I hereby empower the Trustees / or Trustee for the time being of this my Will in the execution of the Trusts hereinbefore / contained to pay and satisfy any claim or demand which shall be made against / my Estate upon such evidence as they or she deemed to be satisfactory and also in the / absolute discretion of the sad Trustees or Trustee to delay or forego the enforcement or / prosecution of any claim or demand which my said Trustees or Trustee shall or may / have against any person or persons whomsoever or to compound or otherwise / adjust or settle the same in such manner as my Trutees or Trustee shall deem it to / be most beneficial to my Estate and also to refer to arbitration any dispute or difference / touching the premises And I further empower the Trustees or Trustee of this my / Will in their or his discretion to postpone or delay the sale conversion of any part or / parts of my residuary personal Estate herinbefore directed to be sold and / convert And I direct in the meantime the Income arising from the property / so remaining unsold or unconverted shall remain from the period of my / decease belong to and received by the person or persons who would be / entitled under the Trusts hereinafter contained to the Dividends Interest and annual / [sheet three:] produce of the Investments which would or ought to have been made of the monies / arising from such sale and conversion of the same had actually taken place / And I hereby further declare that all and every person or persons who shall / or may pay any sums or sum of money to the Trustees or trustee for the time being / of this my Will shall be exonerated from all responsibilty in respect of the application / thereof Provided also and I further declare that it shall be lawful for the said / Trustees or Trustee for the time being to apply any part not exceeding one half of the / principal of the vested or presumptive or respective share or shares of each or any of / my children or issue of each such children of and in my residuary personal Estate in or / towards the advancement or preferment in the World or otherwise for the benefit of the / child or children or the issue of such child or children to whom such share or / respective shares shall actually or presumptively belong in such manner as the / said Trutees or Trustee shall think proper Provided also and it is my Will that / in case the said Margaret Rawes and Richard L. Robinson and Charles Cropper / or any or either of them shall died in my lifetime or shall at my decease renounce or / be unable to action the Trusts of this my Will or in case the said Margaret Rawes / and Richard L. Robinson and Charles Cropper or any or either of them or any / Trustees or Trustee to be appointed under this present provision shall afterwards / die or become unable or unwilling to act in the Trusts of this my Will before the / same shall be fully executed and be performed then and in such case and so often as / the same shall happen it shall be lawful for the surviving and continuing / Trustees or Trustee for the time being under this my Will (then in their or in his / own discretion) or if there be no surviving or continuing Trustee then for the / retiring Trustees of if there be no such last mentioned Trustee the for the / Executors or administrators of the last deceased Trustee with the consent or in such / discretion aforesaid to appoint any fit person or persons to supply the place or / places of the Trustee or Trustees so dying or becoming unable or unwilling to act as / aforesaid and that immediately after such appointment the said Trust Estate money / and effects Stocks Funds Securities shall be conveyed assigned and transferred at / the cost and expences of my Trust Estate in such manner that the same may rest in such / new Trustee or Trustees or in such Trustee or Trustees as the case may / require subject to the Trust afore said and such new Trustee or Trustees shall have / and my exercise as well before as after such Conveyance or Transfer as aforesaid / all the powers and authorities whatsoever hereinafter contained in the same / manner to all intents and purposes as if they had been appointed a Trustee or / Trustees of this my Will Provided also that the Trustees for the time being of / [sheet four:] this my Will shall be charged and chargeable with such sums as they / respectively shall actually receive by virtue of the Trusts hereby reposed in / them not withstanding their joining in any receipt or receipts or doing any other act / for the sake of conformity that they or any of them shall not be answerable or / accountable for involuntary misfortune loss or damage which my happen in / the execution of the aforesaid Trusts Provided also and hereby lastly declare / that it shall be lawful for the said Trustee or Trustees for the time being by and out of / the money which shall come to them or his hands by virtues of the Trusts aforesaid / to deduct retain and reimburse for themselves respectively or for himself and also / to allow to each other all costs charges damages and fees for Counsel for advice / which they or any of them may sustain disburse or incur in or about the execution / of the aforesaid Trusts or in relation thereto And I do hereby nominate and constitute / and appoint the said Margaret Rawes and the said Richard L. Robinson and / the said Charles Cropper Trustees and Executors of this my Will and hereby / revoking all former Wills Codicils Testamentary dispositions and appointments / at any time heretofore made do declare this to be my last Will and Testament In / Witness whereof I the said Robert Rawes have to this and the preceeding three sheets of / paper set my hand this thirty first day of July in the year of our Lord one thousand eight hundred and eighty. Signed by the said Testator Robert Rawes and declared by him to be his last Will and Testament in the presence of us present at the time who in his sight at his request and in Robt Rawes the sight of each other have hereunto subscribed our names as Witnesses.
William Brown
Proved at Carlisle the twenty sixth day of
Certified copy [followed by} The stamp of Court of Probate, Carlisle Registry.
Transcribed from the original by Bryant Bayliffe, 2002
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