Hewitt Family Wills

JAMES HEWITT 1856

Buried with Wife SARAH and son JOHN IRWIN HEWITT.Rockcliffe Churchyard Marked grave at the back of church.

Will of JAMES HEWITT 1856 aged 33 years.

I JAMES HEWITT of Wetherall in the County of Cumberland do make and publish and declare my last will and testament in manner following that is to say I direct that all my just debts,funeral and testimony expenses shall be paid as soon as may be convenient after my decease give and bequeath and devise to THOMAS CLARK of the City of Carlisle in the County of Cumberland,Currier. JAMES CLARK of the said city of Carlisle ,Land Surveyor and JOHN CHRISTOPHER MARMOT of the said city of Carlisle Solicitor their heirs executors administrators and aforesaid all and singular any real and personal estate whatsoever which I or any person or persons in trust for me shall or may be seized possessed of or entitled to at the time of my decease whether in possession,remainder,reversion or expectancy and whether vested or contingent have and to hold the same unto the said THOMAS CLARK,JAMES CLARK and JOHN CHRISTOPHER MARMOT Their heirs executors administrators and assignees according to the several natures and qualities there of respecting upon trust and for the intent and purposes hereafter expressed and declared of and concerning the same[that is to say]Upon trust to convert into money so much of my personal estate as shall not consist of money and lay out and invest the same and invest the same and the residue of my personal estate in some of the public stocks or funds or at interest upon the real estate with power from time to time to alter and vary the said stocks funds and securities of the like nature and I further declare it to be my will that the said THOMAS CLARK,JAMES CLARK and JAMES CHRISTOPHER MARMOT their heirs and executors administrators and assignees shall stand and seized and possessed of my said real estate and of the said stocks funds and securities trust to pay and to allow to my dear wife SARAH such part of the rents dividends interest and annual proceeds thereof as they shall deem sufficient for the maintenance of my said wife and of my children until the youngest of them shall attain the age of twenty four years and in case my said wife shall die before the youngest of my said children attain the age of twenty four years then to pay and to apply so much of the said rents dividends interest and annual proceeds as they shall deem proper in and towards there maintenance of my said children until the period last aforesaid and subject to any yearly payment that may be made to MARGERET HEWSON of the city of Carlisle widow under the provision in that behalf hereinafter contained to accumulate the residue of the said rents dividends interest and annual proceeds and lay out and invest such accumulations in manner aforesaid when and so soon as the youngest of my said children shall have attained the ages of twenty four years.to sell and absolutely dispose of my said real estate for the most money that can be reasonably Got to for the same and to call in the moneys laid out and invested in manner aforesaid I do further declare that the said THOMAS CLARK.JAMES CLARK and CHRISTOPHER JOHN MARMOT Their executors,administrators and assignees shall stand possessed of the moneys to arise and be provided from such sale and from the realisation of the stocks funds and securities upon trust in the first place,to pay to my said dear wife during her life the annuity of the sum of sixty pounds by half yearly payments the first of such payments to be made at the expiration of one calendar month at the period of my youngest children attaining the age of twenty four years,and after making due provision for the same to divide all the residue of the money to arise and be produced from such sales as aforesaid into four equal parts and as to three of the said parts I give and bequeath the same to my sons DANIEL HEWSON HEWITT and JAMES HEWITT in equal shares as tenants in common and as to the remaining part I give and bequeath to my daughter BESSIE{ ELIZABETH] And in case anyone or more of my said children shall die under the age of twenty four years without being married then as to as well the original share or shares of the said money belonging to the children respectively who shall die as aforesaid as also the share or shares which the said child or children respectively may become entitled to under the present provision I direct that any said trustees shall stand possessed thereof in trust for.the other or others of my said children and if more than one in equal shares as tenants in common his or her heir or their executors or administrators and assignees .Provided also and I further declare that it shall be lawful for my said trustees and the survivor of them or others the trustees or trustee for the time being to apply in or towards the education or advancement of any of my said children and part not exceeding one half of the principal or value of there vested or presumptive share of such child in the trust estate and premises give and bequeath unto my said wife my household furniture,plate ,linen,china ,books and pictures for her natural life and whereas the greater part of the property hereby given and devised has come to me from my late uncle JOHN HEWSON.and whereas the said JOHN HEWSON died without making any provision for his wife Margeret and there is no reason to believe he would have made such provision but for a mistaken impression that he was dying intestate.and whereas a understanding hath been been come to among the parties beneficially inherited under his will to contribute reasonably towards a annuity during her life.Now thereto for the purpose of enabling my said trustees to carry into effect the understanding,I direct and empower them out of the said rents ,dividends and annual proceeds to pay to the said MARGERET HEWSON yearly such sums of money not exceeding eighty pounds as they shall Consider to be the just and adequate contribution on my part towards the said annuity and a sufficient performance of the said understanding.And I declare that the receipts in writing of my said trustees or the survivor of them or other the trustees or trustee for the time being of this my will for any money payable to them or him under the trust aforesaid shall be a complete discharge for the same.Provided also and I also declare that if the said THOMAS CLARK,JAMES CLARK and JOHN CHRISTOPHER MARMOT or either of them or any person appointed a trustee under this present provision shall die or become unwilling or unable to act in the aforesaid trust before the same shall be fully executed and performed then and so often as the same shall happen it shall be lawful for the surviving or acting trustee for the time being or for the Heirs, Executors or administrators of the last acting trustee to appoint any fit person or persons be a trustee or trustees in the place or places of the trustee or trustees so respectively Dying or becoming unwilling or unable to act as aforesaid.And that immediately after such appointment the said trust estate effects and premises shall be conveyed aforesigned and transferred so and in such new trustee or trustees jointly with the continuing or surviving trustee solely as the case may be.And such new trustee or trustees shall have and exercise all the same powers and authorities as if he or they had been appointed a trustee or trustees by this my will.and I declare that the said THOMAS CLARK,JAMES CLARK and JOHN CHRISTOPHER MARMOT or there survivors of them their or his heirs executors administrators or assignees shall be answerable only for the moneys which they shall be respectively actually receive and for there own several acts,neglects and defaults only.and that they shall be at liberty out of any moneys which shall come to Their hands respectfully to re emburse themselves and pay and allow to each other all cash charges and expense whatsoever which they or any of them shall expend or incur in or about the execution of the trust aforesaid.And I hereby nominate and appoint the said THOMAS CLARK,JAMES CLARK and JOHN CHRISTOPHER MARMOT executors ofthis my last will and I Hereby revoke all wills be me at any time herefore made and declare this writing consisting of four sheets of paper to be my last will and testament.Dated the eight day of June one thousand eight hundred and fifty six,.signed JAMES HEWITT

Signed by the said Testator as his last will and testament in the pre sense of us both present at the same time who at his request in his pre sense and in the pre sense of each other have subscribed our names as witness.

JOHN HOWS solicitor Carlisle and JOHN JARDINE Attorneys Clerk Carlisle

Codicil

I JAMES HEWITT of Wetherall in the county of Cumberland do Hereby declare this present writing to be a codicil to my last will and testament bearing date the eight day of June one thousand and eight hundred and fifty six.Whereas by my said will I have left certain property to my Daughter.Now I do hereby declare that the same is for her separate use free from the control debts or engagements of any husband or husbands with whom she may at any time inter marry her receipt alone being sufficient discharge for the same.And I do hereby ratify and confirm my said will in every other respect.

In witness whereof I the said JAMES HEWIT.

signed by the said testator as a codicil to his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have here unto subscribed our names as witnessed JOHN KAY Carlisle,THOMAS CLEMITSON Carlisle

Proved 10th August 1857 by the oaths of THOMAS CLARK,JAMES CLARK and JOHN CHRISTOPHER MARMOT the executors.effects under £5000