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Will dated 6.Feb.1849; Codicil 31.Mar.1849;
Proved 8.Jun.1849.
This is the last will and testament of me
Edward Ewbank of Kirkby Stephen in the county of Westmoreland,
yeoman. First I give and bequeath unto my niece Ann SUTHERLAND, wife
of Mr Sutherland gardener of Penrith, in the county of Cumberland
the sum of thirty pounds to be paid twelve months after my decease
by my executor hereinafter named. Then I give and bequeath unto my
(great) nephew Anthony MILNER of Bela Bridge in the parish of Brough
and County of Westmoreland husbandman, son of my niece Elizabeth
Milner all those two dwelling houses situate in Kirkby Stephen and
county aforesaid; also I give and bequeath unto my said nephew
Anthony Milner hereinbefore named all my household furniture, books,
linen, cash, bonds and securities and all other effects……..
…………I also nominate constitute and appoint my
nephew Anthony Milner hereinbefore named the executor of this my
last will and testament working(?) and making void all former and
other wills by me made at any time heretofore made done and executed
and do declare this to be my last will and testament. In witness
thereof I have set my hand and seal this sixth day of February in
the Year of our Lord 1849. Edward Ewbank. Signed and sealed
published and declared by the testator Edward Ewbank as and for his
last will and testament who in his presence and at his request and
in the presence of each other have subscribed our names as witnesses
thereunto.
Matthew PETTY; Thomas DODD
(Codicil)
Whereas I Edward EWBANK of Kirkby Stephen in
the county of Westmoreland yeoman have by my last will and testament
bearing date the sixth day of February 1849 given and devised all my
real estate(s?) situated at Kirkby Stephen and county aforesaid unto
my nephew Anthony MILNER of Bela Bridge in the Parish of Brough and
County of Westmoreland and whereas since the making and publishing
this my said will now I do hereby give and devise to my niece
Elizabeth MILNER, mother of my nephew Anthony Milner the sum of five
pounds five shillings out of my real estates to be paid to her by
two half yearly payments by my nephew Anthony Milner heretofore
named, his heirs and assigns during the term of her natural life.
And I order and direct that my said niece Elizabeth Milner shall not
sell her income out of my said dwelling houses. And I also order and
direct that my said nephew Anthony Milner shall not sell or mortgage
the said dwelling houses during his mother’s lifetime. At her
decease my nephew Anthony Milner hereinbefore named his full claim
(?) power and authority of my real estates according to my former
will. And I do hereby declare this present writing to be by me
intended to be a codicil to my said will and testament. Also the
same shall be deemed and taken as part thereof as fully and
effectually to all and any purposes of the same……
In witness thereof I the said Edward Ewbank
have set my hand and seal this 30th day of March in the year of our
Lord one thousand eight hundred and forty nine. Edward Ewbank.
Signed sealed published and declared by me Edward Ewbank as and for
this my said codicil who in his presence and at his request and in
the presence of each other have subscribed our names as witnesses
there unto.. Matthew PETTY, John SAYER
Effects under £100
Proved 8th June 1849 by Anthony MILNER.
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