Thomas Barwise of New Cowper, Holm Cultram Proved 1766

"In the name of God, Amen. I, Thomas Barwise, of New Cowper in the parish of Holm Cultram in the County of Cumberland, being of sound and perfect mind and memory (thanks be to almighty God for the same), do make this my last will and testament in manner and form following (that is to say):

First, whereas I settled one half of my freehold estate and demesne lands of Langrigg Hall in the parish of Bromfield & county aforesaid upon my oldest son John Barwise, before his marriage, and did intend that he should pay money to my younger children out of the other half of my estate at Langrigg aforesd. at my decease, I now give and devise unto my sd. son John Barwise the other half of my said demesne lands of Langrigg Hall with all their rights and appurtenances together with the Seignory & Lordship of Langrigg & Mealrigg to hold to him and his heirs and assigns forever (conditionally provided) that he and his heirs or assigns shall immediately after my decease or within six months after pay the several sums of money to my younger children as is hereinafter set forth and mentioned

Whereas I have been at ** of the education of my younger son Cuthbert Barwise at Queen’s College in Oxford & have therein paid out his portion, and did towards defraying that expense borrow the sum of one hundred pounds off my sd. son John Barwise and gave him a mortgage & security for the same of part of my freehold and demesne lands of Langrigg Hall aforesd. (namely Clappers Hinerigg (?)), I will therefore that the sd. one hundred pounds be deemed and looked upon as my sd. son Cuthbert’s part or legacy out of my sd. lands, but that neither my sd. son John nor his heirs, executors, administrators or assigns shall claim the sd. hundred pounds as a debt upon my personal estate either in law or equity in any kind whatsoever.

Also, I give and bequeath to my daughter Elizabeth Jackson or her heirs the sum of fifty pounds to be paid out of my sd. lands so devised as aforesaid.

Also, I give & bequeath to my daughter Grace Langcake the sum of fifty pounds to be paid to her or her heirs out of my sd. lands so devised as aforesaid.

And further my will is that if any of the legacies or sums of money above charg’d upon my freehold be not paid as is abovementioned that then it shall and may be lawful for any of the sd. persons so neglected or not paid (according to the true intent of this my will) to ente4r upon any part of the sd. devised lands and they or any of them keep hold and possess until their several sums or legacies be paid and discharged, or to sell the same and return the ** over if any be to my sd. son John Barwise or to his or my heirs at law.

Also I give and devise unto my brother William Barwise the house and garth called Knott House and Garth at Langrigg aforesd. for and during his natural life if he dwells and resides upon the same, but that he shall not let nor any way dispose of the same without the consent of my heirs at law.

And likewise I give & bequeath unto my sd. brother William Barwise the sum of forty shillings a year to be paid to him out of my freehold and demesne lands of Langrigg Hall for and during his natural life (namely) ten shillings every quarter, the first payment to commence and become due at thirteen weeks after my decease.

Also, I give and bequeath unto my loving wife Elizabeth Barwise one half of that my fourth part of the tithe corn of Langrigg with all its appurtenances for and during the term of her natural life.

And I give the other half of my said tithe unto my son John Barwise for and during the life of his sd. mother Elizabeth Barwise, and after her decease I give & bequeath all that my sd. fourth part of the tithe corn of Langrigg aforesd., with all its appurtenances, unto my son John Barwise, his heirs and assigns forever.

And out of my personal estate I give and bequeath unto my son Cuthbert Barwise aforesd. (now of Soho Square, London, Doctor in Divinity) the sum of twenty pounds.

Also I give and bequeath unto my aforesd. daughter Elizabeth Jackson, her heirs and assigns the sum of one hundred pounds.

Also I give unto my aforesd. daughter Grace Langcake her heirs and assigns the like sum of one hundred pounds.

Also to every one of my grandchildren that shall be living at my decease I give and bequeath one guinea to be paid by my executrix in gold within twelve months after my decease to as many of them as are ten years old or above and to the younger when they come to the age of ten years, and to pay it into their own hands.

And lastly, all the rest & residue of my goods and chattels, rents & arrears of rents, and all my personal estate whatsoever, I give & bequeath unto my loving wife Elizabeth Barwise who I make whole and sole executrix of this my last will and testament.

And I do hereby revoke, disannul and make void all other wills and testaments by me formerly made.

In witness whereof I have hereunto set my hand and seal, the fourth day of June in the year of our Lord one thousand seven hundred and sixty two.

Thomas Barwise (with seal)

Signed sealed published and declared by the above named Thomas Barwise to be his last will and testament in presence of us who have hereunto subscribed our names as witnesses in the presence of the testator

John Barwise, sworn, John Wise, Anthony Benson (mark)

Proved June 17th 1766"