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The Will of Henry Dobson

 

This is the last Will and Testament of me Henry Dobson of Whitehaven in the County Of Cumberland Twinespinner and Ropemaker. I order and direct all my just debts funeral and testamentary expenses to be paid off and discharged as soon as conveniently may be after my decease. I give to my son John Dobson the Legacy or sum of Three hundred pounds. I give to my son George Dobson the Legacy or sum of Forty five pounds due to me on the promissory note of W Jonathan Heard or such other sum as may be due on the said Note at the time of my decease and also my Work tools in my Warehouse and Rope Walk. I give to my son Joseph Dobson the Legacy or sum of Four hundred pounds but I direct that any sum or sums which I may advance to him in my lifetime shall be deducted therefrom and the balance of the said sum of Four hundred pounds be paid to him only. I give to my son Henry Dobson for and during the term of his natural life the interest of the sum of Four hundred pounds which I direct my trustees hereinafter named to invest upon some good real Mortgage security or upon the Bond or Debenture or in the purchase of Stock of some Corporation Aggregate or Chartered Company in Great Britain and after the decease of the said Henry Dobson I give the said sum of Four hundred to my son Thomas Dobson absolutely. I give, devise and appoint (subject to and charged and chargeable with the payment of the sum of Two hundred pounds thereout and which the said sum of Two hundred pounds I direct shall fall into and form part of my residual real and personal estate hereinafter by me given devised appointed and bequeathed and shall be construed as part thereof) to my son Robert Dobson and Ann his wife during their joint natural lives and to the survivor of them during his or her natural life provided the said Ann Dobson remains the widow of the said Robert Dobson and unmarried to a second husband.. All those my four Messages numbered respectively 1,2,3 and 4 in Dobson’s Court in Albion Terrace in Whitehaven aforesaid, and also All those my other Messages or Dwellinghouses situate in Albion Terrace aforesaid numbered respectively 5,6 and 7 with the appurtenances to the same belonging. And from and after the decease of such survivor of them the said Robert Dobson and Ann his wife or the second marriage of the said Ann Dobson in case she should survive her said husband I give devise and appoint the same Seven Messages with their appurtenances unto and amongst all and every the Child and Children born or to be hereafter born of the said Robert Dobson who shall survive one in equal shares absolutely as tenants in common. And if there be but one such child then the whole to such child absolutely. I give devise and appoint to my son George Dobson and Elizabeth his wife during their joint natural lives and the survivor of them during his or her natural life provided the said Elizabeth Dobson remains the widow of the said George Dobson and unmarried to a second husband All that my dwellinghouse occupied by my son Henry Dobson and my Warehouse in Albion Street in Whitehaven adjoining the said last mentioned Dwellinghouse aforesaid and my Dwellinghouse no 3 in Albion Street in Whitehaven aforesaid also the Dwellinghouse behind the last mentioned Dwellinghouse with the appurtenances to the same belonging. And from and after the decease of such survivor of them the said George Dobson and Elizabeth Dobson or the second Marriage of the said Elizabeth Dobson in case she should survive her said husband I give and devise the same Dwelling Houses and Warehouse with their appurtenances unto and amongst all and every the Child and Children born or to be hereafter born of the said George Dobson who shall survive me in equal shares absolutely as tenants in common. And if there be but one such child then the whole to such child absolutely. I give devise and appoint to my Daughter Hannah Sandwith my Message or Dwellinghouse and shop in King Street in Whitehaven aforesaid with the appurtenances to the same belonging to hold the same unto the said Hannah Sandwith her heirs and assigns for ever but subject to and charged and chargeable with the payment of the sum of Two hundred pounds thereout and which said sum of Two hundred pounds I direct shall fall into and form part of my residual real and personal estate hereinafter by one given devised appointed and bequeathed and shall be considered as part thereof. I give to my Grandchildren Isabella Lee Ann Edgar, Mary Edgar and William Edgar the sum of One hundred pounds each the said last mentioned several legacies of one hundred pounds to be paid to my said Grandchildren on the youngest or surviving of them attaining the age of Twenty One years and I direct my Executors to apply the Interest and dividends of the said several legacies towards the maintenance education and support of such of my said Grandchildren as shall be under the age of twenty one years in such shares and proportions as my Executors shall think fit. I give devise and appoint all those my two Messages or Dwelling Houses numbered respectively 1 and 2 in Albion Street in Whitehaven with the appurtenances to the same belonging to my sons James Dobson, Thomas Dobson and Edward Dobson and my friends Joseph Porter of Whitehaven aforesaid Grocer and George Wightman Brown of the same place Manager of the Bank of Whitehaven hereinafter called the paid Trustees and to the Survivors or Survivor of them and to the heirs and assigns of such survivor upon trust to apply the rents and annual income thereof or so much thereof as may be necessary in and towards the maintenance education and support of my said two grandchildren Henry Wylie and Isabella Wylie or the survivor of them until the youngest of them shall attain the age of twenty one years or in the case of the death of either of them under the age of twenty one years until the survivor of them shall attain that age and subject and without prejudice to the trusts and limitations hereinbefore contained I give devise and appoint the said last mentioned two messages or dwellinghouses unto the said Henry Wylie and Isabella Wylie absolutely in equal shares as tenants in common but in case either of my said grandchildren Henry Wylie and Isabella Wylie shall die under the age of twenty one years without leaving lawful issue him or her surviving then I give devise and appoint the same two messages or Dwelling Houses to such survivor absolutely upon his or her attaining the said age of twenty one years. And in case both of them the said Henry Wylie and Isabella Wylie shall die under the age of twenty one years without leaving lawful issue him of her surviving then I direct that the last mentioned two messages or dwelling houses shall fall into and become part of my residuary real Estate hereinafter disposed of. And I declare and direct that in case any of the devises or bequests hereinbefore made by me shall fail for want of a person or persons to take the same the devise or bequest so failing shall sink into and form part of my residual real and personal Estate hereinafter devised appointed and bequeathed and shall be considered as part thereof. And all the rest residue and remainder of my real and personal estate whatsoever and wheresoever not otherwise disposed of by this my Will (save and except such as are vested in me on trust by way of Mortgage) I give, devise appooint and bequeath unto the said Trustees and to the Survivors or Survivor of them and the heirs executors and administrators of such survivor according to the nature of the said Estates respectively Upon Trust as soon as conveniently may be after my decease to make sale dispose of and convert into money in such manner as they or he may deem most eligible such parts of the real and personal estate lastly hereinbefore devised appointed and bequeathed and hereinafter called my residuary trust Estate as shall not consist of money or securities for money and to receive recover and get in the remainder thereof. And I declare and direct that the said Trustees shall stand possessed of and interested in the proceeds of my residuary Estate Upon trust to pay one equal third part or share thereof to my son Edward Dobson absolutely One other equal third part or share thereof to my son James Dobson absolutely and the remaining one equal third part or share thereof to my son Thomas Dobson absolutely as Tenants in Common. I give devise and bequeath all such estates as are vested in me upon any trust or by way of mortgage unto the said Trustees according to the natures and qualities thereof upon the trusts and equities affecting the same. I declare that the receipts of my executors or trustees for the time being shall effectually discharge any purchasers or persons paying monies under this my Will or the trusts thereof and that such purchasers or other persons shall not be bound to see to the application thereof. And I authorise the said Trustees to make and execute all such deeds and assurances as may be necessary for carrying into execution the trusts of this my Will. I further declare that my executors and trustees for the time being shall only be answerable for their own respective wilful defaults and not for the other or others of them or for Acts receipts or defaults of the other or others of them and that they may respectively reimburse themselves and the other Executors or Trustees all costs or expenses incurred in or in relation to my Will or the trusts thereof. I appoint the said James Dobson, Thomas Dobson, Edward Dobson, Joseph Porter and George Wightman Brown Executors of this my Will. And lastly revoking all former Wills by me made I declare this to be my last Will and Testament In Witness thereof I have to this Will and Testament written on three sheets of paper set my hand this twelfth day of April one thousand eight hundred and sixty seven.
______ Henry X his mark Dobson ______ Signed by the said Henry Dobson The Testator as and for his last Will and Testament as well at the end thereof as on every of the preceding two sheets in the presence of us present together at the same time who at his request and in his presence and in the presence of each other have herein subscribed our names as Witnesses and do hereby certify that the said Will was carefully audibly and distinctly read over and the contents thereof explained to the said Henry Dobson the Testator before he so executed the same by placing his mark thereto and that he appeared perfectly to understand the same and that the word “Three” on the fifth line of the first sheet and that the name “Henry” on the fourteenth line of the same sheet were written on erasures previously to the signing thereof by the said Henry Dobson the Testator. And further that the word “my” on the second sheet and the word “according” on the third sheet of this Will were also first interlined and substituted for the words “the” and “accordingly” the words “the” and “accordingly” being first obliterated before the signing of the said Will by the said Henry Dobson the Testator.
William Lumb Jr ___ William Wilkin Lumb_

This is a first Codicil to the last Will and Testament of me Henry Dobson of Whitehaven in the County of Cumberland Twine Spinner and Ropemaker bearing date the twelfth day of April one thousand eight hundred and sixty seven. Whereas by my said Will I have appointed James Dobson, Thomas Dobson Edward Dobson Joseph Porter and George Wightman Brown Executors and Trustees thereof Now I hereby nominate and appoint my son George Dobson to be an Executor and Trustee as well as the said James Dobson, Thomas Dobson Edward Dobson Joseph Porter and George Wightman Brown. And I direct that my said Will be read and construed as if the name of the said George Dobson had been inserted throughout the said Will. And in all other respects I confirm my said Will. In witness hereof I have hereunto set my hand this twenty ninth day of March in the year of our Lord one thousand eight hundred and seventy

 __Henry X his mark Dobson___
Signed by the said Henry Dobson the testator as and for a Codicil to his last Will and Testament in the presence of us together at the same time who at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses and do hereby certify that the said Codicil was carefully audibly and distinctly read over and the contents thereof explained to the said Henry Dobson who appeared perfectly to understand the same
Thomas Howson ______________William Wilkin Lumb_____
 


Proved at Carlisle with one Codicil the twentieth day of January 1871 by the Oaths of Thomas Dobson and Edward Dobson sons of the Testator two of the surviving Executors named in the Will and George Dobson son also of the Testator the Executor named in the Codicil to whom administration was granted - Joseph Porter and George Wightman Brown the other surviving Executors named in the Will having renounced the probate of the said Will and codicil_______


The Testator Henry Dobson was late of Whitehaven in the County of Cumberland Twine Spinner and Rope Maker and died on the twenty ninth day of November 1870 at Whitehaven aforesaid________


Under £4,000
William Wilkin Lumb and Thomas Houston

Solicitors _____ Whitehaven______ Certified Copy

 

This Will was kindly  transcribed and sent in by Dallas.

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