28 Jane Fetherstonhaugh 1874 Cul

This is the last will and testament of me Jane Fetherstonhaugh the wife of Charles Fetherstonhaugh of Staffield Hall in the parish of Kirkoswald in the county of Cumberland esquire made this twenty eighth day of May in the year of our Lord one thousand eight hundred and sixty two

I appoint William Edward James of Lowthian Gill in the county of Cumberland esquire and Silas Saul of the City of Carlisle gentleman executors of this my will and trustees for the purposes hereinafter mentioned Whereas by the settlement made on my marriage with my said husband bearing date on or about the sixth day of April one thousand eight hundred and forty seven of which Timothy Fetherstonhaugh esquire and the Reverend Bielby Porteus are the trustees and by an indenture bearing on or about the ninth day of February one thousand eight hundred and forty eight made between my late mother Mary Aglionby of the first part my said husband and myself of the second part and the said William Edward James of the third part and by the last will and testament of my said late mother Mary Aglionby bearing date on or about the sixteenth day of January one thousand eight hundred and fifty four and proved at Carlisle on the tenth day of January one thousand eight hundred and fifty five  I have power to appoint and dispose of divers hereditaments and of sums of money and stock and other personal estate by my last will and testament and by virtue of the powers given me in and by the said instruments hereinbefore mentioned of any of them and of every other power enabling me in this behalf

I give and appoint the several hereditaments sums of money stock and other personal estate comprised in the said several instruments herein before referred to and thereby made subject to my appointment by will and also all other hereditaments and personal estate whatsoever which I can appoint or dispose of by this my will unto and to the use of the said William Edward James and Silas Saul their heirs executors administrators and assigns according to the respective natures and tenures thereof Upon trust herein after expressed and declared of and concerning the same that is to say  Upon trust to pay unto or permit and suffer my said husband to receive the rents interest dividends and other annual proceeds of the said trusts premises during his natural life and after his decease upon trust to pay the same rents and annual proceeds to my daughter and only child Elizabeth Aglionby during her life and after her decease to the use of all or such one or more exclusively of the other or others of the children or issue of my said daughter for such estate 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 or 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 the remainder to his daughter if only one in fail and if more than one to all his daughters in equal shares as tenants in common in fail  with cross remainders between them in equal shares asto 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 daughters of my said daughter Elizabeth and their respective issue in equal shares as tenants in common so that each of my granddaughters 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 granddaughters born in my lifetime take an estate for her natural life with 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 o both original and accruing shares in fail and so that each of my granddaughters begotten after my decease take an estate in fail And in default of such issue  Upon trust for my niece Mary Aglionby Porteus the second daughter of my sister Mary the wife of the said Beilby Porteus for her life and after the decease of my said niece to the use of all or such one or more exclusively of the other or others of the children or issue of my said niece for such estates or estate interests or interest and if more than one in such shares and in such manner in all respects as my said niece whether under coverture or not shall by her last will and testament appoint And in default of such appointment Upon trust for her children and their respective issue but so that the sons of my said niece and their respective issue take before her daughters and their respective issue and so that the sons of my said niece with their respective issue and also the daughters of my said niece with their respective issue take severally and successively according to their respective seniorities and so that every son and daughter of my said niece begotten in my lifetime take an estate for his or her natural life with remainder to his or her first and other sons severally and successively according to their respective seniorities in fail with remainder to his or her first and other daughters severally and successively according to their respective seniorities in fail and so that every son and daughter of my said niece who shall be begotten after my decease take an estate in fail and in default of such issue  Upon trust for my niece Emma Porteus the third daughter of my sister Mary the wife of the said Bielby Porteus for her life  And after the decease of my said niece Emma Porteus  To the use of all or such one or more exclusively of the other or others the children or issue of my said niece Emma Porteus for such estate or estates interest or interests and if more than one in such shares and in such manner in all respects as my said niece Emma Porteus whether under coverture or not shall by her last will and testament appoint and in default of such appointment Upon trust for her children and their respective issue but so that the sons of my said niece Emma Porteus and their respective issue take before her daughters and their respective issue and so that the sons of my said niece Emma Porteus with their respective issue and also the daughters of my said niece Emma Porteus with their respective issue take severally and successively according to their respective seniorities and so that every son and daughter of my said niece Emma Porteus begotten in my lifetime take an estate for his or her natural life with remainder to his or her first and other sons severally and successively according to their respective seniorities in fail with remainder to his or her first and other daughters severally and successively according to their respective seniorities in fail and so that every son and daughter of my said niece Emma Porteus who shall  be begotten after my decease take an estate in fail And in default of such issue  Upon trust for my niece Henrietta the forth daughter of my said sister Mary the wife of Beilby Porteus for her life And after the decease of my said niece Henrietta  To the use of all or such one or more exclusively of the other or others of the children or issue of my said niece Henrietta for such estates or estate interest or interests and if more than one in such shares and in such manner in all respects as my said niece Henrietta whether under coverture or not shall by her last will and testament appoint And in default of such appointment Upon trust for her children and their respective issue but so that the sons of my said niece Henrietta and their respective issue take before her daughters and their respective issue and so that the sons of my said niece Henrietta with their respective issue and also the daughters of my said niece Henrietta with their respective issue take severally and successively according to their respective seniorities and so that every son and daughter of my said niece Henrietta begotten in my lifetime take an estate for his or her natural life with remainder to his or her first and other sons severally and successively according to their respective seniorities in fail with remainder to his or her first and other daughters severally and successively according to their respective seniorities in fail and so that every son and daughter of my said niece Henrietta who shall be begotten after my decease take an estate in fail And in default of such Upon trust for my own right heirs for ever And I hereby direct that every estate for life under the trust hereinbefore contained shall as to my real estate be without impeachment of waste and that the rents interest dividends and other annual proceeds payable to any female during her natural life under 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 such of the said trusts premises as are of the nature of personal estate and also all plate books and portraits in the possession of my said husband or myself at the time of my decease and which shall be found to have belonged to my mother or any other of my relatives shall be held and go along with such of the said trust premises as are of the nature of real estate according to the settlement thereof hereinbefore contained so long as the rules of Law or Equity will permit and so that on the death of any tenant in fail by purchase in possession under the same settlement under the age of twenty one years the personal estate and chattels lastly mentioned shall go to the person who shall under the same settlement be next entitled to the hereditament comprised therin And I declare that my trustees shall not be answerable for each others acts or receipts nor for any Banker Broker or other person to whom the said trust 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 each other all expenses incident to the execution of the trusts and powers of this my will and I expressly direct that the said Silas Saul shall be paid or may retain reasonable charges for any professional advice or 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 construed 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 or executor administrators or administrator of any surviving trustee and such trustees or trustee and executors or executor administrators or administrator may exercise and act in and under such trusts powers and clauses accordingly In witness whereof I have signed my name at the foot or end of this my will contained in this and the four foregoing sheets of paper the day and year first before written in the presence of the two subscribing witnesses

We the under signed have attested the execution of the foregoing writing by Jane Fetherstonhaugh the wife of Charles Fetherstonhaugh esquire signing her name thereto in the presence of us present at the same time and without quitting her presence we subscribe the same in the presence of each other

Jane Fetherstonhaugh

Silas Geo Saul Carlisle

James Reddish  Clerk to Messrs Saul Solrs Carlisle

This is a codicil to the last will and testament of me Jane Fetherstonhaugh the wife of Charles Fetherstonhaugh of Staffield Hall in the parish of Kirkoswald in the county of Cumberland which will bears date the twenty eighth day of May in the year one thousand eight hundred and sixty two  Whereas by my said will I have devised and bequeathed certain real and personal estate and given certain powers to William Edward James and Silas Saul therein respectively described as Trustees and appointed them executors of my will  Now I revoke my said will so far as the appointment of the said William Edward James and Silas Saul as such Trustees and executors thereof and I substitute Silas George Saul of Carlisle in the said county gentleman trustee and executor in the place of the said Silas Saul and George Carrick of Wigton in the said county gentleman a trustee and executor in the place of the said William Edward James and declare my said will to take effect in the same manner as if the name of the said Silas George Saul had been originally inserted therein instead of the said Silas Saul and as if the name George Carrick had been originally inserted therein instead of the name of the said William Edward James and I hereby empower my said daughter Elizabeth Aglionby Fetherstonhaugh by her will to appoint all or any part of the income she may acquire under the trusts contained in my said will to be paid to any husband of hers for his life and I confirm my said will in all other respects  In witness whereof I the said Jane Fetherstonhaugh the Testatrix have to this a codicil to my last will and testament set my hand this twenty sixth day of September one thousand eight hundred and seventy one

Signed published and declared by the said testatrix as and for a codicil to her last will and testament in the presence of us who at her request in her presence and in the presence of each other all being present at the same time have hereunto subscribed our names as witnesses the words “Elizabeth Aglionby” having been first interlined as above written and the word “Eliza” having been first erased or struck out  Jane Fetherstonhaugh

Silas Saul   Solr Carlisle    Wm Bradley   his Clerk

Proved at Carlisle, with one codicil ,the seventeenth day of March 1876 by the oaths of Silas George Saul and George Carrick the executors named in the codicil to whom administration was granted limited to all such personal estate and effects as the testatrix by virtue of the will of Mary Aglionby deceased proved in the  Consistory Court of Carlisle on the tenth day of January 1855 and of all other powers and authorities her enabling had a right to appoint or dispose of and has in and by her said will and codicil appointed or disposed of accordingly but no further or otherwise

The testatrix Jane Fetherstonhaugh [wife of Charles Fetherstonhaugh ] was late of Staffield Hall in the county of Cumberland and died on the twenty first day of May 1874 at Staffield aforesaid

Under £14,000

Silas and Silas George Saul Solicitors Carlisle