Christopher Smith was the youngest son of John Smith of Melmerby and Mary Hardy of Park Head. Christopher was the heir to the Hardy family farm at Low Huddlesceugh in the Parish of Kirkoswald.
This is the last Will and Testament of me Christopher Smith of Low Huddlesceugh Kirkoswald in the County of Cumberland, Farmer
- I revoke all former Wills and testamentary dispositions made by me.
- I appoint my wife Hannah and Hartley Graham of Penrith Solicitor Executrix and Executor respectively of this my Will and Trustees for the purposes hereinafter mentioned and for all statutory purposes
- I bequeath all my furniture plate plated goods linen china glass books pictures jewellery and articles of household use and ornament to my said wife for her own use and benefit absolutely
- I devise and bequeath my farm and land at Low Huddlesceugh aforesaid and the stock crop implements and effects shall be thereon at my death to my Trustees upon trust to carry on my farming business until my son Christopher shall attain the age of twenty five years. And for the purpose of carrying on my said farming business to employ any capital which may be employed therein at my decease to raise any money required by mortgage of such farm and land and no Mortgagee shall be concerned to see that the money raised is wanted or as to the application thereof and any such Mortgage may be in such form and contain such powers and provisions as may be thought fit And my Trustees shall have power to act generally in relation to my said business as they were beneficially entitled thereto And they shall be free from responsibility and fully indemnified out of my Estate in respect of any loss arising from carrying on the said business And I declare that out of the profits to arise from carrying on my said farming business my Trustees shall pay the interest on any Mortgage which may be subsisting on the said premises at Low Huddlesceugh and subject thereto shall apply such profits for the maintenance of my said wife and the maintenance benefit and education of all my children.
- If and when he shall attain the age of twenty five years I devise my said farm and land at Low Huddlesceugh to my son Christopher charged with payment of the sum of Two hundred and Fifty Pounds each to my said wife and my children Sarah Eleanor Mary Hannah and Clara Annie.
- If my said son shall die under the age of Twenty five years I devise and bequeath my said Estate at Low Huddlesceugh and the said stock crop implements and effects thereon to my Trustees upon Trust to sell and convert the same into money with power to postpone such sale calling and conversion indefinitely without being responsible for loss and to stand possessed of the proceeds to arise from such sale and conversion as aforesaid in trust for all or any the children or child of my said son who being male attain the age of twenty one years or being female attain that age or marry of more than one in equal shares as tenants in common Provided that if my son shall die under the age of twenty five years without leaving issue who shall attain a vested interest under the trusts aforesaid my Trustees shall stand possessed of the proceeds to arise from the sale and conversion of my said farm and land and stock crop implements and effects upon trust for my said wife and such of said children Sarah Eleanor Mary Hannah and Clara Annie as shall attain the age of twenty one years or marry under that age if more than one in equal shares.
- If and when my said son Christopher shall attain the age of twenty five years I bequeath the said stock crop implements and effects on my said farm and land at Low Huddlesceugh and all other my Estate real and personal not hereinbefore disposed of to my Trustees upon Trust to sell call in and convert the same into money and to stand possessed of the proceeds to and from such sale calling in and conversion Upon Trusts for my said wife the said Christopher Smith and such of my said children Sarah Eleanor Mary Hannah and Clara Annie as shall attain twenty one years or marry under that age if more than one in equal shares as tenants in common In witness whereof I have hereunder set my hand this eighteenth day of May One thousand nine hundred and twenty two.
Signed by Christopher Smith as and for his last Will and Testament the word “one” on the first page (twentieth line) have been struck out and the word “five” written above and the words “and stock crop implements and effects” on the third page (first line) have been interlined after the word land in our joint presence and by us in his.
A.H.F. Woodhouse Solr Penrith
An Affadavit and due Execution Filed
On the 6th September 1922 Probate on this Will was granted at Carlisle to Hannah Smith and Hartley Graham the Executors