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William Adamthwaite of Shap, deceased 1836 : Will
This is the last Will
and Testament of me William Adamthwaite of Swindale in the Parish of
Shap in the County of Westmorland, farmer. First I direct all my just
debts funeral and testamentary expenses to be fully paid and satisfied
by my Executors hereinafter named. I give devise and bequeath to my two
friends William Rowlandson of Dunbarrows in the Parish of Bampton in the
County of Westmorland and William Winder of Tilebut in the Parish of
Shap in the said County Yeoman their heirs and assigus all such real
Estates as are non vested in me by way of Mortgage in order to enable
them with the greater use and convenience to recover receive and get in
the Money secured by such Mortgages for the purposes of this my Will. I
also give and bequeath unto the said William Rowlandson and Willam
Winder All and every my horses cattle sheep farming stock and … and
implements of husbandry goods chattels money and security for money
debts and other personal estate and effects of what kind soever of in or
to which I or any person or persons in Trust for me shall be entitled at
the time of my decease Upon and for the Trusts Intents and Purposes and
with under and subject to the Powers Provisions and declarations
hereinafter expressed or declared of and concerning the same that is to
say Upon Trust that hey the said William Rowlandson and William Winder
and the Survivor of these and the Executors and Administrators of such
survivor do and shall with all convenient speed after my decease call in
and convert with money by Public Sale or otherwise my said Personal
Estate or such part thereof as shall not consist of money or good
securities by way of Mortgage; and lay out and invest all such sum or
sums of money to arise and be produced from or by my said Personal
Estate not already consisted of Money or good real Securities and not
immediately wanted for the purposes of this my Will in their or his name
or names at Interest upon Government or Real Securities in England and
do and shall from time to time at their or his discretion alter vary and
transpose the said Sum and Sums of money so to be laid out and invested
as also all such Sum and Sums of Money as shall at the time of my
decease remain and be outstanding upon Mortgage or Real securities or
otherwise for or into other securities of a like nature. And I do
hereby declare that the said William Rowlandson and William Winder their
Heirs executors Administrators and assigus shall stand and be possessed
of and interested in the said trust Monies and Securities and the
Interest Dividends and annual produce thereof upon Trust that they the
said William Rowlandson and William and the survivor of them and the
Executors or Administrators of such Survivor do and shall pay the said
Interest dividends and annual Produce unto or permit the same to be
taken and received by my loving wife Hannah Adamthwaite or her Assigus
during her life or her own absolute use and Benefit; and from and after
the decease of my said wife I declare that my said Trustees or Trustee
shall stand and be possessed of an interested in the said Trust monies
and Securities and the Interest Dividends and annual Produce thereof
upon Turst to pay unto my eldest son William Adamthwaite a Legacy of
Twenty pounds and as to the Residue or Surplus thereof to pay and divide
the same equally unto and between my two other sons John Adamthwaite
and Edward Adamthwaite their Executors Administrators and Assigus as
Tenants in Common. And I declare my Will to be that it shall be lawful
for the said William Rowlandson and William Winder and the Survivor of
them and the Executors Administrators and Assigus of such survivor to
sign and give any Receipt of Receipts for any Sum or Sums of Money
payable to them or him under or by virtue of this my Will, and that any
Person or Persons paying them or him any such Sum or Sums of Money and
taking their of his Receipt or Receipts for the same respectively shall
not afterwards be answerable ro accountable for the Loss misapplication
or nonapplication, or in any wise found or considered to see to the
application of the Money in such Receipts mentioned or acknowledged to
be received Provided always and I do hereby further declare that they
the said William Rowlandson and William Winder and the Survivor of them
and the Heirs Executors Administrators and Assigus of such Survivor
shall be charged and chargeable respectively for such Monies only as
they or he shall actually receive by virtue of the Turst hereby in them
reposed. Notwithstanding their or his giving or signing any receipt or
receipts for the sake of conformity and the one of them shall not be
answerable or accountable for the other of them or for involuntary
losses. And also that it shall and may be lawful for them and him with
and out of the Moneys which shall come to their or his Hands or Hand by
virtue of the Trusts aforesaid to retain to and reimburse themselves and
himself respectively all costs charges damages and expences which they
or he shall or may suffer sustain expend disburse be at or put into and
also be allowed at reasonable compensation for the Trouble they or he
shall or may have in or about the execution of the aforesaid Trust or in
relation thereunto. And I do hereby nominate and appoint the said
William Rowlandson and William Winder Executors of this my last Will and
Testament And I revoke and make void all former Wills and Codicils by me
at any time heretofore made and declare this to be my last Will and
Testament. In witness thereof I the aid William Adamthwaite the
Testator have to this my last Will and Testament contained in this and
the two preceding sheets of paper set my hand and seal, to wit, my hand
to and at the bottom of each of the said two sheets and my hand and seal
to this last sheet and my seal at the top of the said Sheets where all
the said sheets are fixed together this Twenty seventh day of April in
the year of our Lord One thousand Eight hundred and thirty six. William
Adamthwaite
The writing contained
in this and the two preceding sheets of paper was signed and sealed by
the above named William Adamthwaite and … published and declared as and
for his last Will and Testament in the presence of us who have hereunto
subscribed our names in his Presence at his Request and in the presence
of each other.
Anthony Robinson,
William Wilson, Lancelot Raines.
Effects under £200
proved by Comn by William Rowlandson and Wiliam Winder joint executors 2
Dec 1836.
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