John Smith’s Will 1884

John Smith was the eldest son and heir of William Smith of Melmerby. As the eldest son, he inherited the farm at Melmerby and other real property from his father. In turn, he handed on the property to his son George Hardy Smith. John Smith died in 1884.

This is the last Will and Testament of me John Smith of Churn of Melmerby in the County of Cumberland,Yeoman, I appoint my Son George Hardy Smith and William Smith of Gamblesby, Executors and Trustees, of this my Will.  And I declare that they, or other the Trustees or any the sole Trustee for the time being of this my Will are and is hereinafter referred to as my Trustees.  I bequeath unto my wife Mary Smith such of my household Goods and furniture plate Linen China wearing apparel and other household Effects as she shall select And I bequeath the residue thereof unto and equally amongst my Daughters Agnes Smith, Mary Ann Smith and Hannah Smith I devise the Fell Allotment which I purchased of Thomas Smith of Penrith, Currier, unto and to the use of my Son Christopher Smith his heirs and assigns for ever.  I give and bequeath to my said wife an annuity or yearly sum of Thirty pounds so long as she shall continue my widow and to my Son William Smith an annuity or yearly sum of Fifteen pounds during his life such annuities respectively to be paid by equal half yearly payments in every year the first payment to be made at the end of six Calendar months after my death. I bequeath to my Sons John Smith, Christopher Smith, and my Daughter Agnes Smith each the legacy or sum of Four hundred pounds and to my Daughters Mary Ann Smith and Hannah Smith each the legacy or sum of Two hundred pounds. And I charge the said annuities and Legacies respectively upon my real Estate hereinafter devised. I devise all my real Estate whatsoever and wheresoever not hereinbefore disposed of unto and to the use of my Son the said George Hardy Smith his heirs and assigns for ever Subject to and charged in exoneration of my personal Estate with the annuities and Legacies hereinbefore bequeathed. I give and bequeath all the rest residue and remainder of my personal Estate and Effects whatsoever and wheresoever unto my said Children in equal shares as Tenants in Common. In Witness whereof I have hereunto set my hand the sixth day of March, one thousand eight hundred and eighty three

Signed and declared by the said John Smith the Testator as and for his last Will and Testament in the presence of us present 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   Tom Lamonby  W. Harrison

Proved at Carlisle the twelfth day of July 1884 by the Oaths of George Hardy Smith, Son of the Testator, and William Smith, Brother of the Testator, the Executors named in the Will to whom Administration was granted.

The Testator was late of Melmerby in the County of Cumberland Yeoman and died on the second day of April 1884, at Melmerby aforesaid.

Gross value of Personal Estate  £781 . 14. 0

Messrs Little & Lamonby
Solicitors Penrith