Hewitt Family Wills

BENJAMIN HEWITT 1763

In the name of God,Amen,I BENJAMIN HEWITT of Torpenhow and County of Cumberland,yeoman.Being sick and weak in body but of sound and perfect mind,memory and understanding,Do make and publish this my last will and testament in manner and form following,that is to say,First I give devise and bequeath unto my son BENJAMIN HEWITT all that my freehold estate and other appurtenances situate and ,lying and being at Kirkland aforesaid for a term of years to come and unexpected together with the indenture of leases wholly,I hold the same to have and to hold to him the said BENJAMIN HEWITT his executors,assigns and administrators from in as such after my decease for and during the last rent due and remainder of the term then to come and unexpired granted to be my those indentures of lease,upon condition never the less that my said son BENJAMIN HEWITT pay or cause to be paid unto my son JOHN HEWITT the sum of sixty pounds of lawful money of Great Britain within one year next after my son BENJAMIN HEWITT shall attain the age of twenty one years.And also pay yearly and every year out of the rents and legacies of my estate at Kirkland aforesaid,the sum of three pounds of lawful money of Great Britain unto my loving wife ANN HEWITT for and during her natural term of life and the first payment thereof to be made at the end of one year after my decease.Also I give and bequeath unto my said wife ANN all that my leasehold estate,messuages and tenements with the appurtenances situate and lying and being at Kirkland Guards in the Parish and County aforesaid for a term of a year yet to come and unexpired together with the lease and indenture of lease whereby I hold the same.To have and to hold to her my said wife ANN her executor,administrtor and assigns from and immediately after my decease for and during the rest and remainder of the term then to come and unexpired,granted to me by the said indenture of lease.In trust nevertheless and to the intent and purpose that my said wife ANN her executors,administrators and assigns,shall well and truly pay or cause to be paid out of the rents and profits thereof or thereby arising or by and mortgages of the said premises last above mentioned or any place thereof raise and levy so much money as such sufficient to pay all my just debts whatsoever they be by mortgage,bonds, or simple contract debts as soon as possible may be after my decease.And from and immediately after or as soon as my said wife,her executor,adminisrtaor and assigns shall have raised so much money as such as be sufficient to pay my just debts as aforesaid out of my said leasehold,mesuagges,tenaments and premises herein before appointed.Then my wife is and I do hereby give and devise and bequeath all and singular the said leasehold estate and premises aforesaid at Kirkland Guards and the conversion or conversions remainder and remainders thereof unto my said son JOHN HEWITT his heirs,executors,administrators and assigns for and during the rest of the term then to come and unexpected when my said debts shall be paid of and discharged aforesaid with the said indenture of lease granted to me as aforesaid.Upon this condition never the less that my said son JOHN HEWITT pay and cause to be paid yearly and every year unto my said wife ANN during her natural life the sum of seven pounds of lawful British money and the first payment must be made at the end of each year next after my decease.And for the better education of my two sons JOHN and BENJAMIN,I give do and dispose of the tuition and custody of them and either of them unto my said wife ANN until such time as they and either of them attain the age of twenty one years or be married of which first happen.And all the rest residue and remainder of my goods,chattels and whatsoever I give and bequeath unto my said wife ANN and I do hereby nominate and appoint my said wife Ann,executrix of this my last wil and testament upon the further trust and confidence deposed in her that all my goods,and chattels such as mortgage,bonds and money due to me upon any security whatsoever and all my personal estate whatsoever not before disposed of shall applied by my said executor towards the payment of all my just debts as far as they will go,and that my said executor shall only be in the nature of a trustee for my said son JOHN.I hereby revoking all former will and wills by me made heretofore made.IN witness whereof I( have herein set my hand and seal this twenty fourth day of April in the year of our Lord one thousand seven hundred and sixty two.

BENJAMIM HEWITT

Signed,sealed and declared by the above named BENJAMIN HEWITT as and for his last will and testament in the presence of us who have subscribed our names as witness thereto in the presence of the testator and in the presence of each other.

WILLIAM SLATER,HUGO SIMPSON and THOMAS ROBINSON

proved April 19th 1763