This is the last will and testament of me Charles Fetherstonhaugh of Staffield Hall in the county of Cumberland esquire I give to my godchild and eldest niece Eliza the wife of Peter Finch the sum of fifty pounds I give and devise my dwelling house close of land garden and premises at Kirkoswald in the parish of Kirkoswald in the said county of Cumberland called High college unto my nephew Charles Fetherstonhaugh the second son of my late brother Timothy Fetherstonhaugh his heirs and assigns for ever Subject to the direction next hereinafter contained I give all my household furniture books linen plate pictures china and other household goods and also my horses carriages and all other articles of domestic use [but exclusive of farming stock and such articles as are hereinafter directed to be held as heirlooms] and also consumable stores which shall be in or about my residence of Staffield Hall at the time of my death unto my daughter Elizabeth Aglionby wife of Lieutenant Colonel Arthur Lisson Cooper for her own sole and separate use and benefit I direct that such portion of my furniture as can properly be made heirlooms and all my plate pictures and books shall be annexed to the Mansion House of Staffield Hall as heirlooms and be enjoyed by the person or persons for the time being beneficially entitled to the said Mansion House and I direct that a proper inventory thereof shall be made in duplicate by my trustees hereinafter named after my death and signed by them and by the person then entitled to the possession of the said Mansion House and one copy therof shall be kept by my trustees and the other copy delivered to the persons then entitled as aforesaid and I direct that it shall be lawful for my trustees with the consent of the person entitled to the use therof for the time being at anytime to exchange sell or dispose of any part of the said heirlooms and employ the monies arising therefrom in the purchase of any new articles of a similar nature to be subject to the same directions as are herein expressed concerning the said heirlooms and I declare that my trustees shall incur no personal responsibility in respect to the said heirlooms in the custody or safety thereof I appoint my nephew Charles Fetherstonhaugh the second son of my late brother Timothy Fetherstonhaugh deceased and Silas George Saul of the City of Carlisle gentleman executors of this my will and trustees for the purposes hereinafter mentioned and subject to the forgoing devises and bequests I give devise and bequeath and I also direct limit and appoint all the real and personal estate and effects whatsoever and wheresoever whereof I have power to dispose or appoint unto my said trustees by this my will with their and every of their rights members and appurtenances To hold unto my said trustees their heirs executors and administrators according to the nature and tenure of such estates respectively upon the several trusts and to and for the several uses ends intents and purposes hereinafter declared concerning the same that is to say Upon trust to pay the rents interest dividends and other annual produce of the same to my said daughter Elizabeth Aglionby Cooper during her life and after her decease to the use all or such one or more exclusively of the other or others of the children or issue of my said daughter for such estates or estates interest or interests and if more than one in such shares and in such manner in all respects as my said daughter whether under coverture or not shall by her last will and testament appoint and in default of such appointment upon trust for her first and other sons and their respective issue so that the said sons of my said daughter with their respective issue take severally and successively according to their respective seniorities and so that every such son begotten in my lifetime take an estate for his natural life with remainder to his first and other sons severally and successively according to their respective seniorities in fail with remainder to his daughter if only one in fail and more than one to all his daughters in equal shares as tenants in common in fail with cross remainders between them in equal shares as to both original and accruing shares in fail and so that every son of my said daughter who shall be begotten after my decease take an estate in fail and in default of such issue upon trust for the daughter of my said daughter Elizabeth and their respective issue in equal shares as tenants in common so that each of my grandaughters and her issue take one equal undivided part or share with cross remainders between them in equal shares as to both original and accruing shares and so that each of my grandaughters born in my lifetime take an estate for her natural life with the remainder to her first and every subsequent son successively according to seniority in fail and on failure of such issue to her daughter if only one in fail and if more than one to all her daughters in equal shares as tenants in common in fail with cross remainders between them in equal shares as to both original and accruing shares in fail and so that each of my grandaughters begotten after my decease take an estate in fail and in default of such issue upon trust for my said nephew Charles Fetherstonhaugh shall be then dead and shall have left no issue him surviving them upon trust for my nephew Albany Fetherstonhaugh the third son of my said late brother Timothy Fetherstonhaugh deceased his heirs executors administrators and assigns absolutely but if my said nephew Albany Fetherstonhaugh shall be then dead and shall have left no issue him and surviving then upon trust for my three nieces Eliza the wife of Peter Finch Frances the wife of Arthur Thompson and Maud he wife of the reverend William Dickinson or such of them as shall be then living and the issue of such of them as shall be then dead such issue to take per stirpes and not per capita in equal shares as tenants in common the shares of my said nieces to vest and be paid immediately and the shares of their issue being males at the age of twenty one years and being females at that age or marriage and I direct that the shares original and accruing of male issue of my nieces dying under that age and female issue dying under that age without having been married shall accrue to the other or to and among the others of the objects of he trust lastly hereinbefore contained to take in manner prescribed by the trust except that the other issue of the parent from whom the issue so dying proceeded shall be preferably entitled to the benefit of such accruer so as to maintain equality of distribution among the stocks but if there shall be no object of the same trust or no such object shall become entitled to an absolutely vested interest then upon trust for my own right heirs for ever and I hereby direct that every estate for life under the trusts hereinbefore contained shall as to my real estate be without impeachment of waste and that the rents interests dividends and other annual proceeds payable to any female during her natural life under the trusts aforesaid shall during any coverture be paid to her for her sole and separate use and free from marital control or engagements but without any power for her to anticipate the growing payments thereof and I hereby further direct that not withstanding the trusts aforesaid it shall be lawful for my said daughter Elizabeth Aglionby Cooper by deed or will or any testamentary writing to appoint that any part of the said income not exceeding in the whole the annual sum of two hundred pounds shall be paid to any husband who may survive her during his life or for any less period and I declare that my trustees shall not be answerable for any Banker Broker or other person to whom any parts of the said trusts premises may be entrusted for the purpose of or until investment or for any other involuntary loss whatsoever and shall be at liberty to retain and allow to themselves all expenses incident to the execution of the trusts and powers of this my will and I direct that the said Silas George Saul shall be paid or may retain reasonable professional charges for his labour and the assistance he may afford in carrying into effect the trusts and purposes of this my will and further that all trusts powers discretions and other clauses in this my will contained and given or having relation to my trustees generally shall be concerted and considered as given or having relation to any the trustees or any the sole trustee for the time being of this my will and to the executors administrators or administrator of any surviving trustee and such trustees or trustee and executor or executors administrators or administrator may exercise and act in and under such trusts powers and clauses accordingly In witness whereof I the said Charles Fetherstonhaugh the testator have to this my last will and testament contained on this and the four preceding sheets of paper set my hand this twenty eighth day of March one thousand eight hundred and seventy six signed published and declared by the said testator as and for 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 all being present at the same time have hereunto subscribed our names as witnesses Chas Fetherstonhaugh
Silas Saul Carlsle
Hy W Clarke solr Carlisle
Whereas I Charles Fetherstonhaugh of Staffield Hall in the county of Cumberland esquire made my will bearing date on about the twenty eighth day of March one thousand eight hundred and seventy six Now I declare this to be a codicil to my said will In addition to the provisions made by my marriage settlement for the benefit of my wife Louisa Lenox I hereby give to my said wife a clear annuity or yearly sum of three hundred pounds for her life or widowhood payable half yearly the first payment to be made at the end of six months after my death and I hereby direct and order that the said annuity shall be a charge upon and paid out of my personal estate and in and thereof I also charge the said annuity upon and make the same payable out of the rents and profits of my real estate I give to my said wife all her paraphernalia and personal ornaments and also all such articles and things as are mentioned in a certain schedule signed by myself and my said wife absolutely for her own use I give to each of the persons who shall be my domestic servants male or female having lived with me ten years at the time of my death a legacy of nineteen guineas and I give to my Bailiff James Elliot a legacy of forty pounds as a token of remembrance and in all respects I confirm my said will
In witness whereof I the said Charles Fetherstonhaugh have hereunto set my hand this ninth day of February one thousand eight hundred and eighty four
Signed by the said testator as and for a codicil to 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
Chas Fetherstonhaugh
SG Saul Carlisle solicitor
John James Foster his clerk
Proved at Carlisle with a codicil on the eighth day of August 1885 by the oath of Silas George Saul one of the executors named in the will to whom administration was granted Power being reserved of making the like grant to Charles Fetherstonhaugh the nephew of the testator [second son of his late brother Timothy Fetherstonhaugh ]the other executor named in the will The testator Charles Fetherstonhaugh was late of Staffield Hall in the county of Cumberland esquire and died on the 10th day of January 1885 at Staffield Hall aforesaid
Gross value of Effects £45,959 13s 1d
Silas George Saul solicitor Carlisle