Saturday 19 Jun 1802 (p. 3, col. 1-2)
HEADS OF THE WILL AND CODICILS OF THE LATE EARL OF LONSDALE.
[Dated the 13th of Jan. 1798.]
He gave all his manors and estates in the counties of Westmorland and Cumberland, except Burgages, unto Dr. LOWTHER and George WOOD, Esquire,
To the use of Sir William LOWTHER, for life, with remainder to his first and other sons in tail male. — Remainder to John LOWTHER, Esquire, for life, and to his first and other sons in tail male, with remainder to the Countess Dowager of Darlington for life, remainder to the Duchess Dowager of Bolton for life, remainder to Barbara LOWTHER for life, with remainder to his own right heirs.
And gave all his manors and estates in the county of York to John LOWTHER, Esquire, for life, with remainder to his first and other sons in tail male, with remainder to Sir William LOWTHER for life, and to his first and other sons in tail male, with the like remainders in favour of his three sisters for their lives, and then to his own right heirs.
Gave all his burgage and other houses and lands in the borough of Appleby, and in the borough of Cockermouth, to Sir William LOWTHER and his heirs.
And directed all his estates in Middlesex and Surry to be sold, as soon after his decease as convenient, and the money arising thereby to be applied as part of his personal estate. And gave to Sir William LOWTHER, for ever, all his leasehold estates, goods, chattels, and other personal property not otherwise disposed of, chargeable with the payment of his funeral expences, legacies, and debts. And directed the person who succeeded him in his Cumberland estates, to demand no heriot on his death, in respect of any estates he had purchased in Cumberland, in the following words, viz.
"And further it is my will and mind, that if the person who shall succeed me in my Cumberland estates, or any part thereof, shall demand any heriot or heriots at my death, for or in respect of any estate or estates which I have purchased in the said county of Cumberland, that the person making such demand shall forfeit and pay, to the person on whom such demand shall be made, the sum of twenty thousand pounds, to be paid out of my Cumberland and Westmorland estates within six months after such heriot or heriots shall have been so demanded and required to be paid; and I do hereby charge my said Cumberland and Westmorland estates with the payment thereof." *
And directed that all his plate, furniture, pictures, and books, not otherwise disposed of, shall be deposited at his dwelling-house, at Lowther, to go as heir looms with the intail of his estates.
And directed all the debts of the Countess of Lonsdale to be paid out of his real and personal property.
Gave to his wife all such jewels and trinkets which she usually wore, and was possessed of.
And gave to her and her heirs the house and garden occupied by her at Fulham; together with the goods and furniture therein; and all the furniture in her bed room, in the Dwelling-house in Charles street, Berkley-square.
And gave the following legacies, viz.
To his said wife 5000l.—To his three sisters 7000l. each.—To the Earl of Darlington, and his wife, 500l. each.—To his said sisters all miniature pictures of his family.
To Sir Michael LE FLEMING, Bart, such sum of money as he was indebted to him, and also 1000l.
To Mrs. GOWLAND, such sum as she was indebted to him, and 200l.—And to Richard PENN, Esq. such sum as he was indebted to him, and 100l.
To Mrs. BUCKNALL, an annuity of 21l.—To Hannah Francis, 200l. and an annuity of 100l.
To Mrs. DUNN, the house and garden she occupied, for life, and 200l. and an annuity of 150l. for her life, and if her daughter survived her, the same for her life.
And gave all his property in the island of Barbadoes to his three sisters.
Gave Lydia TABBERER, widow, 300l. a year for her life, and also 2000l.
And gave mourning to all his servants, and two years wages to each, over and above what was owing to them; and recommended to Sir William LOWTHER to continue them in his service, at the same wages.
Appointed Lydia TABBERER executrix, and two guineas a day for four years, and 1000l. a year for law expences, for four years.
And gave to James LOWTHER, Esq. 2000l. to his wife the like sum, and to his children 1000l. each.
And appointed Sir William LOWTHER sole Residuary Legatee of all his goods, chattels, and personal estate.
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* This clause, which is copied verbatim, has, we hear, been misconceived; as it has been said that the Earl had directed that no heriots should be taken from any of his tenants by the devisees of his estates, which clearly appears otherwise, as the clause is merely between the owner of the intailed Whitehaven estate and the Earl's own purchased estates, which adjoin. The Whitehaven estate was intailed on the present Viscount, by old Sir James LOWTHER, and Lord Lonsdale could not leave it from him; but his Lordship having purchased estates within some of the intailed manors, which were liable to pay heriots to those manors, having an objection, as it is supposed, to have any heriot demanded, he inserted the above clause in his will.