Kentmere
Will of James AIREY (1805 – 1898)
This is the last Will and Testament of me James Airey of Hallow Bank, Kentmere in the County of Westmorland. Yeoman. I hereby revoke all former Wills and Testamentary dispositions made by me. I appoint my friends James Crosby Hindson of Brockstone in Kentmere aforesaid - farmer and Anthony Suart of Hugill in the said County - Yeoman (hereinafter called my Trustees) to be the Executors and Trustees of this my Will.
I bequeath a feather bed to each of my Grand Daughters Cicely Fishwick and Isabella Parkin the children of my son Joseph.
I bequeath my silver coffee pot, tea pot, sugar cairn and cream jug to my Grand son James Airey, the child of my late son John.
I devise all that my Dwelling house or Cottage in which I now reside called Hallow Bank with the barn and gardens hereunto belonging and the right to get fuel in Hallow Bank grassings on Kentmere Dale Head and the appurtenances unto my said son Joseph Airey his heirs and assigns forever.
I bequeath my apparel and articles of personal use and ornament and all my furniture and articles of domestic use and ornament not hereby otherwise disposed of to my said son Joseph.
I give the following legacies - that is to say -
To my said son Joseph the sum of Seven hundred pounds.
To my son Michael the sum of Four hundred pounds.
To my son Christopher the sum of Three hundred pounds.
To my son Thomas the sum of Three hundred pounds.
To my said Grandson James Airey the sum of Three hundred pounds.
To my Grand child Benjamin Martindale, the son of my late Daughter Agnes Martindale, the sum of One hundred pounds.
To Benjamin Ward(?) the widower of Elizabeth the child of my said late Daughter Agnes Martindale, the sum of One hundred pounds and
To each of the five Children of my late son James the sum of One hundred pounds.
I devise and bequeath my two Estates called Brockstone and Stile End situate at Kentmere aforesaid now in the occupation of the said James Crosby Hindson and all my Residuary Real Estate and all my personal Estate, not hereby otherwise disposed of, unto my Trustees Upon Trust that any Trustees shall sell call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the moneys produced by such sale calling in and conversion and with and out of my ready money pay my funeral and as Testamentary expenses and Debts and the Legacies bequeathed by this my Will or any Codicil thereto And shall stand possessed of the residue of the said moneys In Trust for my said sons Joseph, Michael, Christopher and Thomas on equal shares Provided always that if any of the said Legatees or Devisees (whether Specific, Pecuniary or Residuary) shall die in my lifetime leaving a child or children who shall survive me and 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 under that age then and in every such case such child or children shall take and if more than one equally between them the Devise, Legacy or share of Residue which his her or their Parent would have taken under this my Will if each Parent had survived me. And I declare that the proceeds of Real Estate shall not be applied in payment of Legacies unless the other moneys applicable thereto under the Trust shall be insufficient for payment thereof In Witness whereof I have to this my Will set my hand this seventh day of December one thousand eight hundred and ninety two --
Signed by the said James Airey the Testator 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 as witnesses.
J.E. Bolton, Solicitor, Kendal
John Blenkinship, Brock Stone, Kentmere, Farm Farmer.
"James Airey"
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This is a Codicil to the last Will and Testament of me James Airey of Hallow Bank, Kentmere in the County of Westmorland Yeoman which Will bears date the seventh day of December one thousand eight hundred and ninety two. Whereas my son Michael Airey named in my said Will lately died leaving a Wife and Children whom I have assisted and intend further to assist by making advances to them or for their benefit in manner hereinafter mentioned Now I hereby direct that all sums which I may have already paid or may hereafter pay to the Creditors of my said son Michael in satisfaction of the Debts due to them or to his Wife and Family either for the Funeral expenses of my said Son or for their own maintenance shall be deemed to be a Debt due from my said son Michael or his Representatives to my Estate and shall be deducted from his or their Legacy, Share or Interest under my Will And I declare that my Trustees shall determine the amount which shall be so deducted by reference to my Banking account or other source from which they can obtain information and their decision shall be final and binding on all parties And in all other respects I confirm my said Will on witness whereof I have hereunto set my hand this ..... day of .... one thousand eight hundred and ninety four.
Signed by the said James Airey as and for a Codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
James Walker
John Blenkinship
"James Airey"
On the thirtieth day of January 1899 Probate of this Will with one Codicil was granted at Carlisle.