WILLIAM RAWES OF KENDAL

Will of William Rawes of Kendal, Westmorland. Made 5th June 1895. Proved 24th February 1899 at Carlisle. (Fishmonger Line)
[Sheet one:]
This is the last Will and Testament of me William / Rawes of Kendal in the County of Westmorland Fishmonger.

1       I appoint my dear wife Sarah and Richard Hargreaves / Greenwood of Kendal aforesaid Solicitor Executrix and Executor / and Trustees of this my Will and I bequeath to my said wife a / legacy of Fifty pounds to be paid to her immediately after my / decease.

2       I give to my said wife the use and enjoyment during her / life, if she shall so long continue as widow, of the whole of my / Household furniture and effects Plate Linen China and / consumable Stores she keeping the same properly insured against / Fire. And after her decease or marriage I direct tha same to / sink into and form part of my Residuary Personal Estate.

3       I direct that my said Trusteess shall permit my said / wife, she continuing my widow, to carry on the Trade or Business / at Kendal in which I shall be engaged at my death and to / use and employ for that purpose such part of my Real and / personal Estate as shall be by then employed therein and as my / Trustees may in their discretion consider requisite with / power for my Trustees to increase or diminish at their discretion / the Real or personal Estate so used and employed. And in the / event of her my said wife marrying, declining to carry on such / Trade or Business or dying then I direct such part of my / said Real Estate as shall be employed in my said Business / to sink into and form part of my Residuary Real Estate and I / bequeath the Stock in Trade and Good-will (if any) of the said / Business to my son John Rawes but I direct that such part / of my said personal Estate as shall be employed in my said / Business as shall consist of moneys shall sink into and / form part of my Residuary personal Estate.

4       I also direct that my said Trustees shall permit my / said wife, she continuing my widow, to carry on the Trade or / Business in which I shall be engaged at my death at Hull, Scarborough, North Shields and Lowestoft and which is now / managed by my son William Edward Rawes and for that / purpose to use and employ such part of my personal Estate

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as shall be then employed therein and as my Trustees / may in their discretion consider requisite and particularly / shall permit the sum of £200 now employed / by my said son in the Business to remain in the hands / of my said wife so long as my said wife shall carry on the same / with power for my Trustees to increase or diminish at / their discretion the personal Estate so used and employed / therein. And in the event of my said wife marrying, declining / to carry on such Trade or Business or dying then I bequeath / the Stock in Trade and Good-will (if any) of the said Business / to my son the said William Edward Rawes absolutely but I / direct that the said sum of £200 so employed / by my said son in the said Business and also all other / moneys (if any) employed therein shall therupon fall into / and form part of my Residuary personal Estate.

5       I devise all my Real Estate unto my Trustees Upon / Trust to permit my said wife to collect and receive the rents / and income arising therefrom during her life, if she shall so / long continue my widow, she keeping the same in repair and / insuring the same from loss or damage by Fire and paying / all Taxes and Outgoings in respect thereof. And after her / decease or marriage whichever shall first happen, then / (except as to my Real Estate situate in Stramongate and Hickland / Kendal aforesaid) I devise the same to the use of my child / if only one, or children if more than one, who shall / attain the age of Twenty one years in equal shares as Tenants / in Common.

6       I direct that on the death or marriage of my said wife / whichever shall first happen, my said son John shall have the / option of purchasing my Real Estate situate in Stramongate / Kendal aforesaid (being the property acquired by me from Mr / Thomas Rogers) at the price of One thousand three hundred / pounds and I direct my Trustees to convey the same Real / Estate to him at the price provided that he shall elect to take / the same within one month after the death or marriage of

[Sheet three:]
my said wife whichever shall first happen. And I declare that / in the event of my said son John electing to purchase my said Real / Estate in Stramongate, Kendal aforesaid the said purchase / money of One thousand three hundred pounds shall be held by / my Trustees as part of my said Residuary personal Estate. And in / case my said son John shall not within the time limited for / that purpose as aforesaid accept the offer of my said Real / Estate in Stramongate, Kendal aforesaid then and in such / case I devise the same Real Estate at Stramongate, Kendal / aforesaid to the use of my child, if only one, or my children / if more than one, who shall attain the age of Twenty one years / in equal shares as Tenants in Common.

7       I direct that on the death or marriage of my said wife / whichever event shall first happen, my daughter Sarah Jane the / wife of Joseph Airey shall have the option of purchasing my Real / Estate in Kirkland, Kendal aforesaid, and which formerly / belonged to Mr John Thompson at the price of seven hundred and / fifty pounds and I direct my Trustees to convey the same / Real Estate to her at that sum provided that she shall elect to / take the same within One Calendar month after the death or / marriage of my said wife wichever shall first happen And / I declare that in the event of my said daughter Sarah Jane / electing to purchase my said Rwal Estate in Kirkland, Kendal / aforesaid the said purchase money of seven hundred and / fifty pounds shall be held by my Trustees as part of my / Residuary personal Estate And in case my said daughter / shall not within the time limited for that purpose accept the / offer of my said Real Estate in Kirkland aforesaid then and / in such case I devise the same Real Estate to the use of my child, if only one, or all my children if more than one, who shall / attain the age of Twenty one years in equal shares as Tenants / in Common.

8       I bequeath the residue of my personal Estate to my / Trustees Upon Trust (subject to the provisions of Clauses 2, / 3 and 4 of this my Will) to sell call in and convert into money / the same or such parts thereof as shall not consist of

[Sheet four:]
money and shall out of the moneys to arise from such / sale calling in the conversion and ready money of / which I shall be possessed at my death pay my Funeral and / Testamentary expences and debts and the legacies bequeathed / by this my Will or any codicil hereto and shall invest the / residue of the said moneys (hereinafter referred to as "my / Trust Funds") in the names of my Trustees in or upon any / of the Investments hereinafter authorised with power for / my Trustees from time to time to vary such Investments. And / shall pay the income of the said moneys and the investments / for the time being representing the same to my said wife / during her life if she shall so long continue my widow And / after her death or marriage shall hold the said Trust Funds / In Trust to pay thereout to Robert Leak, the natural child / of my said wife the sum of two hundred pounds. And / subject thereto In Trust for all my children or any my child / who shall live to attain the age of Twenty one years and if / more than one in equal shares.

9       I request and direct that the before named Robert / Leak shall on no account be permitted to have anything to do / with the management or control of either of my said / businesses.

10       I declare that the said Richard Hargraves Greenwood / and any future Trustee of this my Will who may be a Solicitor / shall be entitled to charge and shall be paid out of the Trust / premises for all business done by him in relation to the Trust / premises in the manner as he would have been entitled to / charge the Trustees for the same in not being himself a Trustee / he had been employed to do such business as their Solicitor.

11       I declare that my Trustees shall not be responsible / for any loss or diminution of my Real or personal Estate on / account of my said wife carrying on my said Businesses at / Kendal and elsewhere or either of them under Clauses 3 and / 4 of this my Will but that she my said wife alone shall be / responsible for the conduct and management of my said / Businesses.

[Sheet five:]
12       I declare that all moneys liable to be invested under / this my Will may be invested in or upon any one or more of the / Public stocks or Funds or Government Securities of the United / Kingdom or India or any Colony or Dependency of the United / Kingdom or upon the Freehold, Copyhold or Leasehold or Chattel / Real Securities in England or Wales but not in Ireland such / Leaseholds not having less than sixty years unexpired at the / time of investment therein or on the Bonde / Debentures, Mortgages or Securities of any Municipal Corporation / in the United Kingdom or upon the Bonde, Debentures / Mortgages Rent Charges or Securities or on the Debenture Stock / or any Preference Stock or Ordinary or other Shares of any / Railway or other Company in Great Britain or any of the / Colonies or Dependencies of Great Britain authorised by Act / of Parliament or Royal Charter or in Ordinary or / Preferred Shares or Bonds, whether terminable or not, of any / Railroad in the United States of America with power from / time to time to vary the Investments or any of them for any / other or others of the kinds prescibed and in lending / money or any Mortgage Security my Trustees may accept / whatever Title or evidence of Title shall appear to them / sufficient and my Trutees may deposit any money subject to / the Trusts of this my Will with any Joint Stock or other Bank / either at Interest or Deposit or otherwise as they in their / uncontrolled discretion may deem expedient.

In Witness whereof I have to this my last Will and Testament / set my hand this fifth day of June one thousand eight hundred / and ninety five.

William Rawes [signed]

Signed by the said William Rawes
the Testator as and for his last
Will and Testament in the
presence of us both present at the
same time, who at his request in
his presence and in the presence
of each other have
hereunto subscribed our names

[Sheet six:]
as Witnesses / George T.D. Matthews / Brickmaker / 55 St. James Road / Blackburn.
T. Henry Green / Solr. / Clerk to Messrs Arnold & Greenwood / Kendal.

On the twenty fourth day of February 1899
Probate of this Will was granted at Carlisle to
Sarah Rawes and Richard Hargraves
Greenwood the Executors.

Certified Copy.

Transcribed from the original by Bryant Bayliffe, 2002