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The Will of John Dobson

 

This is the last will and testament of me John Dobson of Harrington in the County of Cumberland Retired Master Mariner. I appoint my friends William Gill of Whitehaven in the said County, Bookseller – William Joseph Pattinson Shewen of Harington in the said County, Gentleman and my son Nathaniel Smyth Dobson to be Trustees and Executors of this my will. I bequeath to my dear wife Mary Catherine the legacy or sum of Twenty pounds for her immediate use. I bequeath to my son Nathaniel Smyth Dobson the sum of Twenty six pounds stock in the Dublin Grand Central belonging to me. I also bequeath to my said son one old Chinese tea service all articles of Plate in my possession at my decease which are marked with the initials “J.D.” or “D.” Also a silver Goblet which belonged to his Grandfather Harrison and I bequeath to my daughter Sarah Fisher Vincent (late Sarah Fisher McMullen, Widow) one old China Tea Service and all articles of Plate in my possession at my decease which are marked with the initial letters “I.A.M.” or “C.G.M.” and I direct that all other articles of Plate belonging to me shall belong to and form part of my Residuary Estate hereinafter disposed of. And I bequeath to my granddaughter Mary Ann McMullen the Portraits in oil of her late Grandmother and myself and also my Desk, workbox and Card Case of sandalwood inlaid with ivory (now in my Dwelling House) I also bequeath to my said son all my wearing apparel also my Watch with the Chain Seal and appendages belonging thereto and all other ornaments of my person. I bequeath to my daughter Sarah Fisher Vincent the Interest and Annual Income as the same shall from time to time become due and payable of the sum of Six Hundred pounds for her life and I direct my trustees and Executors to set apart and invest stand possessed of the said sum of Six hundred pounds upon trust to pay such Interest and Annual Income to my said Daughter and from and immediately after her decease I direct that the said sum of Six Hundred pounds shall sink into and form part of my Residuary Estate. I devise the two equal third shares belonging to me of and in a House and Land with the appurtenances situate at Barnby on the Marsh (near Howden in the County of York) lately occupied by Mr Plaster unto my said son Nathaniel Smyth Dobson absolutely. I also give and devise my Freehold Dwelling House and Garden with the appurtenances situate at Rose Hill Harrington aforesaid now in the occupation of William Cameron unto my said daughter Sarah Fisher Vincent for and during the term of her natural life without impeachment of waste. And from and immediately after her decease I give and devise the same Dwelling House and Garden with its appurtenances unto my three grand daughters Mary Ann McMullen, Mary Jane Ann Isabella Vincent and Emily Dunstan Fisher Vincent (now residing with their mother the said Sarah Fisher Vincent) in equal shares as tenants in Common as and when they shall respectively attain the age of twenty one years. But in case any one or more of them my said three Grand Daughters shall die (either in my lifetime or after my decease) before she or they respectively attain the age of twenty one years or after attaining that age if in the lifetime of the said Sarah Fisher Vincent leaving a Child or Children her surviving then the share or shares as well original as accruing of her or them so dying shall be upon trust for such children equally or such child wholly as the case my be (according to the stocks and not according to the number of individuals) and if any one or more of my said Grand Daughters shall die before she or they respectively shall attain her or their age or respective ages of twenty one years or after attaining that age if in the lifetime of the said Sarah Fisher Vincent without leaving any Child or Children her or them surviving them and in such case I devise the share or shares of the Grand daughter or Grand daughters so dying as last aforesaid as well original as accruing by virtue of this clause unto the survivors (if more than one) in equal shares as Tenants in Common or to the survivor (if only one) absolutely and I declare that if all my said three Grand daughters shall die in my lifetime or before attaining twenty one as aforesaid or after attaining that age if in the lifetime of the said Sarah Fisher Vincent without leaving lawful issue him or her surviving then I devise the said and last mentioned Dwelling House and Garden with the appurtenances unto my said son Nathaniel Smyth Dobson his heirs and assigns. I give to my said wife an annuity of Forty Pounds during her life or so long as she shall continue my widow to be paid to her by equal quarterly payments the first of such payments to be made at the expiration of three calendar months after my decease and I charge and make chargeable the said Annuity upon all my Residuary Real and Personal Estate hereinafter disposed of. And I give and bequeath unto my Trustees and Executors all the Household Furniture Books Pictures Prints China Glass Linen and other moveable effects of the like nature and not herein otherwise disposed of which shall belong to me at my decease upon trust to permit my said wife so long as she remains my widow to have the personal use and enjoyment of such portions thereof as my said Trustees shall consider proper and suitable for the decent furnishing of a Dwelling House such as my said wife may desire to occupy within the County of Cumberland after my decease. And I empower my Trustees to decide conclusively what articles are included in the last mentioned bequest in favour of my said wife and after her decease or marriage again whichever shall first happen I direct that such articles shall fall into and form part of the residue of my Personal Estate and I direct my Trustees and Executors to cause an Inventory to be taken of the articles to use and enjoyment whereof are hereby given to my said wife before the delivery thereof to her and two copies of such Inventory to be respectively signed by my said wife and my said Trustees and Executors one of such copies to be delivered to her and the other to be kept by them and I expressly exonerate them from all responsibility in respect of the Effects included in the said bequest after such delivery thereof as aforesaid until they shall receive notice that my said wife is dead or has married again. And subject to the payment of my just Debts Funeral and Testamentary expenses I devise and bequeath all those my Ten Messages or Dwelling Houses and premises being numbers 4,6,8,10,12,14,16,18,20 and 22 in Horsley Street Liverpool aforesaid and all other (if any) of my Messages or Dwelling Houses and premises in Horsley Street Liverpool aforesaid. Also all those my eight Messages or Dwelling Houses situate and being numbers 43,45,47,49,51,53,55 and 57 in Levan Street Everton in Liverpool aforesaid and all my other Property, if any in Levan Street aforesaid. And all the rest residue and remainder of my Real and Personal Estate whatsoever and wheresoever (including the sum of Forty pounds or other the sum payable at my death from the Hull Master Mariner’s Society) unto my Trustees and Executors upon trust as to one moiety or equal half part thereof for my said son Nathaniel Smyth Dobson absolutely to whom I devise and bequeath the same accordingly And as to the sum of Three Hundred pounds (part of the other moiety or equal half thereof) upon trust for my said daughter Sarah Fisher Vincent for her life and after her decease upon trust for my said grand daughter the said Mary Ann McMullen absolutely And as to the residue of the last mentioned moiety of half part upon trusts similar to and strictly in accordance in all respects with the dispositions (in favour of my said daughter Sarah Fisher Vincent for life and afterwards of my said three Grand daughters Mary Ann McMullen, Mary Jane Ann Isabella Vincent and Emily Dunstan Fisher Vincent with ultimate remainder to my said son Nathaniel Smyth Dobson in case of the death of all my said three Grand Children in my lifetime or before attaining twenty one of after attaining that age in the in the lifetime of the said Sarah Fisher Vincent without leaving a Child or Children aforesaid) hereinafter declared and contained of and concerning my freehold Dwelling House and Garden with the appurtenances at Rosehill, Harrington aforesaid. I direct and empower my said Trustees and Executors notwithstanding any of the Trusts dispositions and directions hereinbefore contained in case in case any of my said three Grand daughters shall marry in their mother’s lifetime of after her decease before attaining the age of Twenty one years to pay to each such Grand daughter so marrying the sum of One hundred pounds on account of her expectant or presumptive share of the residue hereinbefore given to or in trust for her. I also declare that if any of the beneficiaries under this, my will at the time of the actual payment of monies by virtue of this my will shall be married women the same shall be paid into their respective proper hands in order that the same may be enjoyed and disposed of as separate property free from marital control for which payments their respective receipts shall be effectual discharges. And I give to the said William Gill and William Joseph Pattinson Shewen , two of my Executors, the sum of Ten guineas as a piece as a slight acknowledgment for the trouble they will have in such Executorship. I empower my Trustees and Executors to permit my Personal Estate invested at my decease in or upon any Stocks, Funds, shares or securities whatsoever yielding interest to remain in the same state of Investment so long as they shall think fit, but subject to such discretionary power I direct them to get in my Residuary Personal Estate not consisting of Investments in or upon the Public Stocks of Funds or other Government Securities of the United Kingdom or Real securities in England or Wales or the Bonds Debentures or Debenture or Guaranteed Stock of any Railway or Dock Company in England or on the authorised securities of any Municipal Corporation in England and to invest the proceeds in their names in or upon such Stocks Funds or securities as last aforesaid but in or upon no other Investments or securities. I revoke all former Wills and declare this to be my last Will and Testament. In witness whereof I the said John Dobson have to this my Will contained on this and four preceding sheets of paper signed my name this eighteenth day of April in the year of our Lord One thousand eight hundred and eighty nine.
Signed by the said John Dobson the Testator as and for his last Will and Testament in the presence of us present together 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, the words “one old China Tea Service” between the ninth and tenth lines on the first sheet and the words “one old China Tea Service and” between the thirteenth and fourteenth lines on the first page having been first entered. (had to guess the last word, it’s very indistinct)
Thomas Howson
William Lumley

Proved at Carlisle the seventeenth day of July 1891 by the Oaths of William Gill, William Joseph Pattinson Shewen and Nathaniel Smyth Dobson, son of the Testator, the Executors named in the Will to whom Administration was granted.

The Testator, John Dobson, was late of Harrington in the County of Cumberland and died on the thirteenth day of June 1891 at Harrington aforesaid.
Gross value of Personal Estate
£2126-10-2
Thomas Howson
Solicitor
Whitehaven

 

(Cumbria Archives)
 

This Will was kindly  transcribed and sent in by Dallas.

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