Transcription of Harriot (Winfield) Carter's Will
This will was transcribed from a copy of the original by Pat Rowland.
This is the last Will and Testament of me Harriot Carter of Allithwaite
Lodge within Lower Allithwaite in the parish of Cartmel in the County
Palantine of Lancaster the wife of the Reverend Thomas Carter Master of Arts
Dean of Tuam and Ireland and lately Harriot Winfield of Kirkby Kendall in
the county of Westmorland spinster made under or by virtue of and pursuant
to and in exercise and execution of the power and authority power or
authorities hereinafter particularly mentioned or referred to and under and
by virtue of all the power and authorities whatsoever enabling me in this
behalf and which it is my intention hereby to exercise and execute in the
first place I order and direct all my just debts my funeral and testamentary
expenses to be paid with all convenient speed after my decease and with the
payment thereof I charge both the real and Personal estate over which I have
the power to dispose Whereas by Indentures of Lease and Release bearing
dates respectively the first and seventh days of July in the year of our
Lord one thousand eight hundred and twenty one the release being made or
expressed to be made between the said Harriot Winfield Spinster of the first
part the said Thomas Carter of the second part and Robert Gawthrop Jonathan
Hodgson and John Shutt of the third part after reciting that the said
Harriot Winfield now Harriot Carter was seized in fee simple of the Estates
heredits thereinafter and next herein after mentioned and that a marriage
had been agreed upon and was then intended to be shortly solemnized between
the said Thomas Carter and me the said Harriot Winfield and that upon the
Treaty for the said intended marriage it was amongst various other
stipulations and agreements relating to the settlement of the real and
personal estate of me the said Harriot Winfield agreed that the same
heredits should be conveyed settled and assured, separately from my other
estates to the uses thereinafter declared and thereinafter mentioned it is
by the said Indenture of Release witnessed that in consideration of the said
intended marriage I the said Harriot Winfield with the privity and
approbation of the said Thomas Carter did grant bargain sell allow and
release unto the said Robert Gawthrop Jonathan Hodgson and John Shutt and
their heirs all that front dwelling house messuage or tenement situate
standing lying and being on the east side of one street in Kirkby Kendall
aforesaid called Highgate at or near a certain place that is called the
Cross Bank with the several back dwellings houses stables hayloft garden and
croft thereunto belonging and adjoining all which said premises were
conveyed to Richard Winfield the father of me the said Harriot Winfield by a
certain Indenture bearing date the second day of January one thousand seven
hundred and eighty seven and were only enfranchised by an Indenture dated
the eighth day of May one thousand eight hundred and twelve and who
afterwards amongst other Estates by the said Richard Winfield to me the said
Harriot Winfield my heirs and assigns for ever and also all that other front
dwelling house messuage and tenement with the back Buildings Yard garden and
appurtenances with belongings situate and being on the east side of Cross
Bank or near thereto in Highgate in Kirkby Kendall aforesaid formerly the
Estate and Indenture of James Leeming deceased and adjoining on or towards
the south to the house and premises formerly of George Harrison and on or
towards the North to the first therein and hereinbefore mentioned house and
premises of me the said Harriot Winfield and which last mentioned premises
were conveyed to the said Richard Winfield deceased by a certain Indenture
dated the thirty first day of July one thousand eight hundred and five and
were duly authorised by the said indenture dated the eighth day of May one
thousand eight hundred and twelve and were afterwards devised by the said
Richard Winfield to me the said Harriot Winfield my heirs and assigns for
ever together with their and every their rights and appurts to hold the same
messuages or dwelling houses Buildings Lands heredits and Premises unto the
said Robert Gawthrop Jonathan Hodgson and John Shutt and their heirs to the
use of me the said Harriot Winfield and my heirs until the said then
intended marriage should be solemnized and from and after the solemnization
their of to the only proper use and behalf of the said Thomas Carter his
heirs and assigns for ever and whereas by Indentures of Lease and Release
bearing date respectively on or about the twenty seventh and twenty eighth
days of July one thousand eight hundred and twenty one the Release being
made or expressed to be made between the said Harriot Winfield Spinster of
the first part and the said Thomas Carter of the second part and the said
Robert Gawthrop Jonathan Hodgson and John Shutt of the third part being the
settlement of the other part of the Real Estate of me the said Harriot
Winfield made previously to and in the contemplation of my marriage with the
said Thomas Carter after sorting that I the said Harriot Winfield was seized
in fee simple of the Heredits therein and next hereinafter particularly
mentioned and that a marriage had been agreed upon between the said Thomas
Carter and me the said Harriot Winfield and that it was then intended that
the same should be shortly solemnized and that upon the Treaty for the said
marriage it was amongst various other stipulations relating to that
settlement of the real and personal estate of me the said Harriot Winfield
agreed that the same heredits and all other heredits and real estate of me
the said Harriot Winfield should be conveyed settled and assigned separately
from my Personal Estate to the use upon the trusts and to and for the
several interests and purposes and under and subject to the several powers
provisions declarations and agreements hereinafter declared expressed and
contained and concerning the same hereinafter mentioned it is by the last
hereinbefore mentioned Indenture of Release Witnessed that in consideration
of the said then intended marriage I the said Harriot Winfield with the
privity and approbation of the said Thomas Carter did grant bargain sell
allow and release unto the said Robert Gawthrop Jonathan Hodgson and John
Shutt and their heirs all that capital messuage or tenement with the
appurtenance only called and known by the name Outerthwaite otherwise
Oughterthwaite otherwise Hetterthwaite and all the Lands House and Tenement
and heredits whatsoever thereunto belonging and all the Toll and * issuing
out of the said Lands and Buildings and also all the messuage and tenement
and all the Closes and Parcels of Ground called Borebank and Emplands
otherwise Eplands situate lying and being within the Town or Territories or
Precincts of Allithwaite in the parish of Cartmel in the said County of
Lancaster and also all that Close or Parcel of Ground called Stubbins lying
and being in Wraysholme Meadow and also the Pew or seat in Cartmel Church if
the same could be made out all which said messuages and Tenements Lands and
Premises are situate lying and being in the Parish of Cartmel aforesaid in
the said County of Lancaster and also all that parcel of Peat Moss or
Turbary ground lying and being in and being Parcel of the Moss called
Ellerside Moss lying and being in the Parish of Cartmel aforesaid in the
said County of Lancaster and containing by admeasurement five acres three
roods and eight perches customary measure or thereabouts be the same more or
less and located on the east by that part of the Common called Ellerside
Brow otherwise by a moss belonging to the Right Honourable Lord Frederick
Cavendish on the North by the moss belonging to John Greenwood and on the
south by a moss belonging to or occupied with land Cragg Estate in the said
Parish of Cartmel and also all that small parcel of Ground lying and being
at the East end of Ellerside Moss aforesaid between the old and new runners
of water there and not included at the said admeasurement and also all and
singular the heredits which were granted and conveyed or mentioned or
intended to be granted and conveyed to the said Richard Winfield the said
father of me the said Harriot Winfield now the wife of the said Thomas
Carter by Indenture of Lease and Release dated respectively the seventh and
eighth day of February one thousand seven hundred and ninety nine and which
Premises were amongst other heredits devised by the said Richard Winfield to
me the said Harriot Winfield now Harriot Carter my heirs and assigns and
also all that allotment or piece or parcel of land or Ground situate lying
and being upon and lately part of parcel of the Common or Waste Land called
or known by the name of Windermoor in the said Parish of Cartmel containing
by admeasurement one acre and twenty two perches statute measure or
thereabouts by the same more or less abutting on the south to an allotment
made to out Richard Shaw and on the North and East to Allotments made to the
said Richard Winfield and also all other heredits which were granted to the
said Richard Winfield by an Indenture of feoffment dated the thirteenth day
of February one thousand eight hundred and two and which heredits and
premises were amongst other heredits seised by the said Richard Winfield to
me the said Harriot Winfield now Harriot Carter my heirs and assigns and
also all that Close Enclosure piece or parcel of meadow Ground situate lying
and being at the foot of Moor Lane within Allithwaite aforesaid called or
commonly known by the name Sand Meadow otherwise Moor Lane Meadow containing
by admeasurement two acres and three roods statute measure by the same more
or less and also all the Close Enclosure or piece or parcel of meadow Ground
situate lying and being near Outerthwaite aforesaid called or commonly known
by the name of Barlow Meadow containing by admeasurement one acre three
roods and twenty one perches statute measure by the same more or less which
last mentioned Close Enclosure piece or parcel of Ground were by Indenture
dated thirteenth and fourteenth day of February one thousand eight hundred
and twelve conveyed to the said Richard Winfield and were by him devised to
me the said Harriot Winfield now Harriot Carter my heirs and assigns amongst
other heredits and also all that Close or parcel of Ground late part of the
Commons or Waste Grounds called Windermoor aforesaid containing by
admeasurement ten acre two roods and thirty two perches or thereabouts
abutting east on lands sold by the Commissioners for dividing the commons
situated on and part of Windermoor to William Harrison North on the cut or
drain made for removing the water from Gully Nab to the large cut or drain
running from east to west on Windermoor aforesaid West on another part of
the said Commons called Windermoor allotted to Miles Walker Hall Esquire and
South on the Ditch of the Embankment made for defending Windermoor from the
sea which said Close or parcel of Ground was by an Indenture of * dated the
seventeenth day of March one thousand eight hundred and one conveyed to the
said Richard Winfield and were by him devised amongst other heredits to me
the said Harriot Winfield now Harriot Carter my heirs and assigns and also
all that piece or parcel of Ground late parcel of the Commons and Waste
Ground in the said Parish of Cartmel situate lying and being upon and part
of Windermoor aforesaid containing by admeasurement thirteen acres three
roods and sixteen perches statute measure or thereabouts adjoining on the
South to the new road leading from Flookburgh to Holme in the said Parish of
Cartmel West on other part of the said Windermoor sold to Mr James Stockdale
North to the ancient Enclosures of the said Richard Winfield and East partly
on the ancient Inclosures at Holme aforesaid and partly on other part of the
said Windermoor allotted to the said Richard Winfield and also all that
other piece or parcel of ground late other parcel of the said Common or
Waste Grounds also situate upon and being part of Windermoor aforesaid
containing by admeasurement sixteen acres two roods and eleven perches
statute measure or thereabouts adjoining on the South to the New Road
leading from Holme aforesaid to Bank Moor South East on the road leading
from Holme aforesaid to Allithwaite North partly on the other part of the
said common allotted to the said Richard Winfield and West partly on the
ancient Inclosures at Holme aforesaid and partly on other part of the said
Commons allotted to the heirs of the said John Carter and which last
mentioned piece or parcel of ground were by Indenture of lease and Release
dated respectively the fifteenth and sixteenth day of April one thousand
eight hundred conveyed to the said Richard Winfield and were by him devised
to me the said Harriot Winfield now Harriot Carter my heirs and assigns and
also all that piece or parcel of ground late part of the Common Waste Ground
Mosses in the said Parish of Cartmel situated lying and being upon and late
part of the Common called Temple Land Bank in the Parish of Cartmel
aforesaid containing by admeasurement six acres three roods and thirteen
perches statute measurement or thereabouts bounded on the east by the
highway leading from Allithwaite aforesaid to the Town of Cartmel aforesaid
west upon a parcel of the said Common allotted to Captain John Bigland and
South on another Road leading from the Allithwaite Road to Cark in the said
Parish of Cartmel and also all that other parcel of Ground late of a part of
the said Common or Waste Ground situate lying and being upon and late part
of the Temple Land Bank aforesaid containing by admeasurement two acres two
roods and eight perches statute measure or thereabouts bounded on the East
by the said Road leading Allithwaite to Cartmel Town aforesaid west on
another Road leading from Allithwaite to Cark aforesaid North on several
small allotments and South on an old inclosure and on a parcel of the said
Commons allotted to the Poor of the Township or Division of Allithwaite
aforesaid and which last mentioned pieces or Parcels of Ground were by
Indentures of Lease and Release dated respectively the twenty third and
twenty fourth day of September one thousand eight hundred and two conveyed
to the said Richard Winfield and were by him devised amongst other heredits
to me the said Harriot Winfield now Harriot Carter my heirs and assigns and
also all and singular state the freehold messuages farms lands tenements and
heredits whatsoever and wheresoever then of me the said Harriot Winfield now
Harriot Carter used of or to which I was then seized or entitled in
possession reversion remainder or expectancy together with the rights
members and appurts to the said Premises belonging to hold the last
hereinbefore mentioned messuages lands tenements and heredits and premises
unto the said Robert Gawthrop Jonathan Hodgson and John Shutt and their
heirs to the use of me the said Harriot Winfield and my heirs until the said
then intended marriage should be solomized and from then and immediately
after the solomnization thereof to the use of the said Thomas Carter and his
assigns for and during the joint natural lives of us the said Thomas Carter
and Harriot Winfield now Harriot Carter and from and after the decease of
such one of us the said Thomas Carter and Harriot Winfield now Harriot
Carter as should first depart this life to the uses upon the trusts and to
and for the intents and purposes and with under and subject to the powers
provisos declarations and agreements therein after limited declared
expressed and contained of or containing the same premises that is to say if
and in case the said Thomas Carter should depart this life in the lifetime
of me then the said Harriot Winfield then and in such case from and after
the decease of the said Thomas Carter to the use of me the said Harriot
Winfield my heirs and assigns for ever but if and in case I the said Harriot
Winfield should depart this life in the lifetime of the said Thomas Carter
there and in such case from and after the decease of me the said Harriot
Winfield to such uses upon such trusts and to and for such intents and
purposes and with under and subject to such powers provisos declarations and
agreements as I the said Harriot Winfield notwithstanding my then intended
overture should by any Deed or Instrument in writing but with a power of
revocation and new appointment by Deed or Will to be contained therein and
not otherwise to be sealed and delivered by me in the presence of and to be
attested by two or more credible witnesses or notwithstanding such intended
overture by my last Will and Testament in writing or any codicil or codicils
there to or any writing in the nature of or purporting to be my last Will
and Testament or a codicil or codicils thereto to be signed and published by
me in the presence of and to be attested by three or more credible witnesses
should direct limit or appoint and in default of such direction limitation
or appointment intent and so far as any such direction limitation or
appointment if incomplete should not extend to the use of me the said
Harriot Winfield my heirs and assigns for ever and whereas by Indenture
bearing date the said twenty eighth day of July one thousand eight hundred
and twenty one and made or expressed to be made between me the then said
Harriot Winfield now Harriot Carter of the first part the said Thomas Carter
of the second part and the said Robert Gawthrop Jonathan Hodgson and John
Shutt of the third part being the settlement of the Personal Estate of me
the then said Harriot Winfield made previously to and in contemplation of my
marriage with the said Thomas Carter after writing that I the said Harriot
Winfield now Harriot Carter was at and before the time of the treaty for the
said then intended marriage possessed of or well entitled to the several
sums in the Public Stocks or Funds next therein and herein after intentioned
that is to say the sum of nine thousand eight hundred and seventy seven
pounds seventeen shillings and five pence in the three percent consolidated
bank annuities the sum of ten thousand eight hundred and fifty pounds in the
Navy five per cent bank annuities and the sum of two thousand pounds in the
four percent bank annuities and which several sums were until the transfer
thereof thereinafter standing in the name of the said Harriot Winfield in
the Books of the Governor and Company of the Bank of England and writing
that I the said Harriot Winfield now Harriot Carter was at and before the
time of the aforesaid treaty also possessed of or well entitled to the
several sums of money next therein and hereinafter particularly mentioned
that is to say the sum of eight hundred pounds then placed to the credit of
my account with Bank Books of Messieurs Wilson Crewdson Bateman and
Huddlestone bankers in Kendal aforesaid the sum of one thousand pounds then
due and owing to me from Messieurs Maitland Bond Nicholsons Merchants in
London and the sum of one thousand pounds then due and owing to me from the
Reverend Henry Sill and that the payment of the last mentioned sum with
interest was by him secured by Indentures of Lease and Release and Mortgage
bearing dates respectively on or about the second and third days of June one
thousand eight hundred and twenty and made or expressed to be made between
the Reverend Henry Sill of Burton in Kendal in the County of Westmorland
Clerk of the one part and Richard Winfield of Kirkby in Kendal in the County
of Westmorland of the other part and reciting that I the said Harriot
Winfield now Harriot Carter was then possessed of and well entitled to
divers other sums of money debts and Personal Estate and reciting that I the
said Harriot Winfield now Harriot Carter and Mary Winfield Lambert were at
the time of the aforesaid treaty lawfully seized or well entitled as
Coparcenersunts? Subject to redemption certain heredits conveyed by the said
Henry Sill by way of mortgage as aforesaid and also reciting that I the said
Harriot Winfield now Harriot Carter was at the time of the aforesaid treaty
lawfully seized of and absolutely entitled to all and singular the messuages
lands tenements and heredits therein after referred to and mentioned to be
situate within Kirkby Kendal aforesaid and within the Parish of Cartmel in
the County of Lancaster for an Estate of Inheritance in fee simple in
possession free from incumberances and also reciting that a marriage had
been agreed upon between the said Thomas Carter and me the said Harriot
Winfield and it was then intended that the said Thomas Carter and the said
Harriot Winfield that the several hereinbefore mentioned sums of nine
thousand eight hundred and seventy seven pounds seventeen shillings and five
pence in the three per centum consolidated bank annuities ten thousand eight
hundred and fifty pounds in the Navy five per centum bank annuities and two
thousand pounds in the four per centum bank annuities then standing in the
name of the said Harriot Winfield should be respectively transferred to me
the said Harriot Winfield from and out of my own account into the joint
names of the said Robert Gawthrop Jonathan Hodgson and John Shutt in the
proper and respective Books of the Governor and Company of the Bank of
England and that the said Robert Gawthrop Jonathan Hodgson and John Shutt
their executors admors and assigns should stand possessed of the said
several sums and the dividends thereof respectively upon the trusts and to
and for the intents and purposes and under and subject to the powers and
provisos declarations and agreements hereunto after expressed and declared
of or concerning the said sums and dividends respectively and also reciting
that upon the treaty for the said then intended marriage it was also agreed
between the said Thomas Carter and me the said Harriot Winfield that the
hereinbefore mentioned sum of eight hundred pounds so due and owing to me
the said Harriot Winfield from Messieurs Wilson Crewdson Bateman and
Huddlestone as aforesaid should be received by me the said Harriot Winfield
and paid over unto the said Robert Gawthrop Jonathan Hodgson and John Shutt
Upon the trusts hereinafter declared of or concerning the same sum and upon
the treaty for the said then intended marriage it was also agreed between
the said Thomas Carter and me the said Harriot Winfield that the
hereinbefore mentioned sum of one thousand pounds with interest for the same
and so secured by the hereinbefore mentioned indentures of Lease and release
and mortgage should be assigned and the heredits comprised in the said
mortgage security should be conveyed unto the said Robert Gawthrop Jonathan
Hodgson and John Shutt in the manner and upon the trusts hereinafter
mentioned and it was upon the treaty for the said then intended marriage
also agreed between the said Thomas Carter and Harriot Winfield that the
hereinbefore mentioned sum of one thousand pounds then due and owing to me
from Messieurs Maitland Bond Nicholsons as aforesaid and that every other
sum of money and all other the Personal Estate and Effects of me the said
Harriot Winfield except as thereinafter particularly expressed should be
assigned by me unto the said Robert Gawthrop Jonathan Hodgson and John Shutt
their executors admors and assigns Upon the trusts and to and for the
intents and purposes and under and subject to the powers and provisos
declarations and agreements thereinafter declared expressed or contained of
or concerning the same and also reciting that upon the treaty for the said
then intended marriage it was also agreed the said Thomas Carter and me the
said Harriot Winfield that the two front messuages or dwelling houses and
also the back Dwelling houses stables haylofts buildings yards and gardens
and appurtenances to the same front messuages or dwelling houses belonging
situate on the east side of a street in Kirkby Kendal aforesaid called
Highgate and upon or near to a certain place there called Cross Bank and
which premises were part of the real estate of me the said Harriot Winfield
should be conveyed settled and assigned by me the said Harriot Winfield to
the use of me the said Harriot Winfield and my heirs until the said then
intended marriage should be had and solemnized and from after that
solemnization thereof to the use of the said Thomas Carter his heirs and
assigns for ever and also reciting that that upon the treaty for the said
then intended marriage it was also agreed between the said Thomas Carter and
me the said Harriot Winfield that all and singular the messuages lands
tenements and heredits of me the said Harriot Winfield situate within the
Parish of Cartmel aforesaid and that all and singular other the heredits and
real estate whatsoever and wheresoever of me the said Harriot Winfield
should be conveyed settled and assured by me the said Harriot Winfield in
the manner or to the effect thereinafter mentioned that is to say to the use
of me the said Harriot Winfield and my heirs until the said then intended
marriage should be had and solemnized and from after that solemnization
thereof to the use of the said Thomas Carter his heirs and assigns for and
during the joint natural lives of Thomas Carter and me the said Harriot
Winfield his said then intended wife and from and after the decease of the
said Thomas Carter if and in the case I the said Harriot Winfield his said
then intended wife should survive him to the use of me the said Harriot
Winfield my heirs and assigns for ever and from and after the decease of me
the said Harriot Winfield if and in case the said Thomas Carter my said then
intended husband should survive me to such uses upon such trusts and to and
for such intents and purposes and with under and subject to powers provisos
and declarations and the said Harriot Winfield should by Deed revocable or
by Will notwithstanding my said then intended coverture direct limit or
appoint and in default of such direction limitation or appointment to the
use of me the said Harriot Winfield my heirs and assigns for ever and that
there should be inserted in such last mentioned settlement powers of leasing
and exchange and other usual powers and also reciting that I the said
Harriot Winfield in pursuance and performance of the said agreement in that
behalf did on or about the twenty eighth days of July one thousand eight
hundred and twenty one with the privity and approbation of the said Thomas
Carter my said then intended husband transfer or cause to be transferred in
the proper and respective books of the Governor and Company of the Bank of
England the several hereinbefore mentioned sums of nine thousand eight
hundred and seventy seven pounds seventeen shillings and five pence in the
three per centum consolidated bank annuities ten thousand eight hundred and
fifty pounds in the Navy five per centum bank annuities and two thousand
pounds four per centum bank annuities from and out of the name of me the
said Harriot Winfield into the joint names of the said Robert Gawthrop
Jonathan Hodgson and John Shutt the transfer of the last three mentioned
several sums as aforesaid they the said Robert Gawthrop Jonathan Hodgson and
John Shutt did thereby respectively acknowledge and did thereby resp'ly
declare that the same three several sums were then standing in their joint
names in the said respective books of the Governor and Company of the Bank
of England and that they were possessed thereof or entitled thereto resp'ly
the trusts hereinbefore referred and hereinafter declared and also reciting
that in pursuance and performance of the said agreement in that behalf I the
said Harriot Winfield did on or about the said twenty eighth days of July
one thousand eight hundred and twenty one with the privity and approbation
of the said Thomas Carter receive from the said Messieurs Wilson Crewdson
Bateman and Huddlestone the hereinbefore mentioned sum of eight hundred
pounds and pay over the same sum unto the said Robert Gawthrop Jonathan
Hodgson and John Shutt other payments and receipts thereof they the said
Robert Gawthrop Jonathan Hodgson and John Shutt did respectively admit and
acknowledge and did thereby respectively declare that they were possessed
thereofupon the trusts hereinbefore referred to and hereinafter declared and
also reciting that in pursuance and performance of the hereinbefore
mentioned agreements in that behalf I the said Harriot Winfield with the
privity and approbation of the said Thomas Carter and also William Dillworth
Crewdson George Braithwaite and Robert Gawthrop executors of the
hereinbefore named Richard Winfield at the request of me the said Harriot
Winfield Thomas Carter and Mary Winfield Lambert by Indenture of Lease
assignment release bearing date respectively twenty seventh and twenty
eighth days of July then instant did assign the hereinbefore mentioned sum
of one thousand pounds so secured by the hereinbefore mentioned Indentures
dated respectively the second and third days of June one thousand eight
hundred and twenty as aforesaid and all interest then due and thereafter to
become due for the same unto the said Robert Gawthrop Jonathan Hodgson and
John Shutt their executors admors and assigns upon the trusts thereinafter
contained and I the said Harriot Winfield and Mary Winfield Lambert with the
privity and approbation of the said Thomas Carter and of the Executors
aforesaid did convey and assure certain closes of Land called Curwen Wood
containing together by estimation thirty acres customary measure or
thereabouts and situate within the parish of Burton in Kendal in the said
County of Westmorland and comprised in the hereinbefore mentioned indentures
of mortgage of the second and third days of June one thousand eight hundred
and twenty unto and to the use of the said Robert Gawthrop Jonathan Hodgson
and John Shutt their heirs and assigns subject nevertheless to such right
and equity of redemption as the same Premises were then subject and liable
to under or by virtue of the said Indentures of the third days of June one
thousand eight hundred and twenty and of the proviso and agreement for
redemption therein contained and in and by the said Indenture of assignment
and release it was expressed and declared that the receipts of the said
Robert Gawthrop Jonathan Hodgson and John Shutt and of the survivors and
survivor of them and of the heirs executors admors or assigns of such
survivor should be good and effectual discharges for the said Mortgage money
and the interest thereof and it was expressed and declared that they the
said Robert Gawthrop Jonathan Hodgson and John Shutt their heirs executors
admors or assigns should stand seized possessed of and interested in the
said Mortgaged Premises and the said principal sum and interest thereby
secured upon the trusts hereinafter declared and also reciting that in
pursuance and performance of the hereinbefore mentioned agreement in that
behalf I the said Harriot Winfield with the privity and approbation of the
said Thomas Carter by Indenture of lease and Release bearing date
respectively the tenth and eleventh days of July one thousand eight hundred
and twenty one the Release being made between the said persons as are
parties to the Indenture now in recital did convey settle and assign the
hereinbefore mentioned two front messuages and dwelling houses and also the
back dwelling houses stables haylofts buildings yards gardens and
appurtenances to the same front messuages and dwelling houses belonging
situate on the east side of the said street called Highgate unto the said
Robert Gawthrop Jonathan Hodgson and John Shutt and their heirs to the use
of me the said Harriot Winfield and my heirs until the said then intended
marriage should be had and solemnized and from after that solemnization
thereof to the use of the said Thomas Carter his heirs and assigns for ever
also reciting that in pursuance and performance of the hereinbefore
mentioned agreement in that behalf I the said Harriot Winfield with the
privity and approbation of the said Thomas Carter by Indenture of Lease and
Release bearing date respectively the twenty seventh and twenty eighth days
of July then instant the release being made between the same persons as are
parties to the indentures now in recital did convey settle and assign all
and singular the messuages Lands tenements and heredits then of me the said
Harriot Winfield situate within the parish of Cartmel aforesaid and all and
singular other the heredits and real estate whatsoever and wheresoever then
of me the said Harriot Winfield unto the said Robert Gawthrop Jonathan
Hodgson and John Shutt and their heirs to the use of me the said Harriot
Winfield and my heirs to the uses and with the powers by and in the same
Indentures of release declared and contained being to the uses of me the
said Harriot Winfield and my heirs until the said then intended marriage
should be had and solemnized and from after that solemnization thereof to
the use of the said Thomas Carter and his assigns for during the joint
natural lives of the said Thomas Carter and me the said Harriot Winfield his
said then intended wife and from and after the decease of the said Thomas
Carter if and in case I the said Harriot Winfield his said then intended
wife should survive him to the use of me the said Harriot Winfield and my
heirs and assigns for ever and from and after the decease of me the said
Harriot Winfield if and in case I the said Thomas Carter my said then
intended husband should survive me to such uses upon trusts and to and for
such intents and purposes and with and under and subject to such powers
provisoes declarations as I the said Harriot Winfield should by deed
revocable or by Will notwithstanding my said then intended coverture direct
limit or appoint and I default of such direction limitation or appointment
to the use of me the said Harriot Winfield my heirs and assigns for ever it
is by the Indenture now in recital witnessed that in consideration of the
said then intended marriage between the said Thomas Carter and me the said
Harriot Winfield and in pursuance and further performance of the
thereinbefore mentioned agreements upon the treaty for the same and for the
pecuniary consideration therein mentioned I the said Harriot Winfield with
the privity and approbation of the said Thomas Carter so admitted
acknowledged and testified as thereinbefore mentioned did grant bargain sell
assign transfer and set over unto the said Robert Gawthrop Jonathan Hodgson
and John Shutt their heirs executors admors and assigns all the
thereinbefore mentioned sums of nine thousand eight hundred and seventy
seven pounds seventeen shillings and five pence three per centum
consolidated bank annuities ten thousand eight hundred and fifty pounds Navy
five per centum bank annuities and two thousand pounds four per centum bank
annuities transferred into the joint names of me and Robert Gawthrop
Jonathan Hodgson and John Shutt as thereinbefore mentioned and all the
Dividends and annual and other proceeds and produce of the same sums and
also the thereinbefore mentioned sum of eight hundred pounds so received by
me the said Harriot Winfield now Harriot Carter from the thereinbefore
mentioned Messieurs Wilson Crewdson Bateman and Huddlestone and by me paid
over to the said Robert Gawthrop Jonathan Hodgson and John Shutt as
thereinbefore mentioned and all interest then due and then to become due for
or in respect of the same sum and also the thereinbefore mentioned sum of
one thousand pounds then due and owing from the thereinbefore named Henry
Sill and all interest then due and then to become due for or in respect of
the same sum and also the thereinbefore mentioned sum of one thousand pounds
then due and owing to me the said Harriot Winfield now Harriot Carter from
the Messieurs Maitland Bond and Nicholson as thereinbefore mentioned all
interest then due and then to become due for or in respect of the same sum
and also all the stocks and funds sum and sums of money debt and debts goods
chattels rights credit securities Personal Estate and effects of me the said
Harriot Winfield whatsoever save and except all the glass china plate jewels
trinkets books pictures wearing apparel household goods household furniture
liquor and wines then belonging to me the said Harriot Winfield now Harriot
Carter to have and to hold receive and take all and singular the said stocks
funds sum and sums of money debt and debts goods chattels rights credits
securities Personal Estate and Effects except as aforesaid and all and
singular other the Premises thereinbefore mentioned to be thereby assigned
as aforesaid unto the said Robert Gawthrop Jonathan Hodgson and John Shutt
their heirs executors admors and assigns for ever but nevertheless Upon
trust for me the said Harriot Winfield now Harriot Carter my Executors and
admors until the said then intended marriage should be had and solemnized
and from and after the solemnization thereof upon Trust that they the said
Robert Gawthrop Jonathan Hodgson and John Shutt or their survivors or
survivor of them or the executors or admors of such survivor or the trustees
or trustee for the time being did and should as soon as conveniently might
be sell or dispose of and convert into money such part and parts of the said
Personal estate and Premises thereby assigned or expressed or intended so to
be as should not consist of money Parliamentary Stock or Public Funds of
Great Britain or Government Securities or mortgages upon real estates and
did or should lay out and invest not only the money into which the same part
and parts of the Personal Estate should be converted but also such part of
the Personal Estate and Premises except as aforesaid as should consist of
money in the Parliamentary Stocks or Funds of Great Britain or at Interest
upon Government or Real security in England or Ireland and upon trust that
they the said Robert Gawthrop Jonathan Hodgson and John Shutt or their
survivors or survivor of them or the executors or admors of such survivor or
the trustees or trustee for the time being did and should from and
immediately after the solemnization of the said then intended marriage and
during the joint natural lives of the said Thomas Carter and me the said
Harriot Winfield his said then intended wife well and truly pay or cause to
be paid by equal and quarterly payments on the first day of November the
first day of February the first day of May and the first day of August in
each year the first quarterly payment to be paid on the first day of
November next ensuing the date of the indenture now in recital the yearly
sum of three hundred pounds with from and out of the interest dividends and
annual proceeds of the thereinbefore mentioned stocks funds sums of money
debts Personal estate Effects and Premises except as aforesaid into the
proper hands of me the said Harriot Winfield now Harriot Carter or the hands
of such person or persons as I by any note or writing under my hand should
notwithstanding my then intended coverture from time to time appoint to
receive the same yearly sum or any part or parts thereofbut not so as to
dispose thereof and deprive myself of the benefit thereof or of any part or
parts thereof or parts thereof by mortgage charge sale assignment or
otherwise in the way of anticipation to the intent that the yearly sum of
three hundred pounds and every part thereof might be for the sole and
separate use of me the said Harriot Winfield now Harriot Carter and might
not be subject to the debts control dispositions or engagements of the said
Thomas Carter my said then intended husband and it was thereby agreed
Harriot Winfield now Harriot Carter or of such person or persons as I should
so appoint to receive the same and my or their receipt or receipts only
should notwithstanding the coverture of me the said Harriot Winfield now
Harriot Carter be a good and sufficient discharge and good and sufficient
discharges to the person or persons paying the same yearly sum of three
hundred pounds for so much thereof as in such receipt or receipts should be
acknowledged or expressed to be received and did and should from and
immediately after the solemnization of the said then intended marriage and
during the joint natural lives of the said Thomas Carter and me the said
Harriot Winfield now Harriot Carter his said then intended wife well and
truly pay after and subject to the payment of tax said yearly sum of three
hundred pounds as aforesaid all the rest and residue of the interest
dividends and annual proceeds of all the thereinbefore mentioned stocks
funds sum of money debts personal estate and effects and premises except as
aforesaid unto the said Thomas Carter and his assigns when and as the same
interest dividends and annual proceeds should become due and payable or
permit and suffer or sufficiently authorise and empower him and them to
receive the same rent and residue to and for his and their own use and
benefit and from and after the decease of such one of us the said Thomas
Carter and Harriot Winfield now Harriot Carter as should first depart this
life Upon trust that they the said Robert Gawthrop Jonathan Hodgson and John
Shutt or the survivors or survivor of them or the Executors or Admors of
such survivors or the trustees or trustee for the time being did and should
stand and be possessed of and interested in all and singular the said stocks
funds sums of money debts Personal Estate Effects and Premises except as
aforesaid and of and in the interest dividends and annual proceeds thereof
upon the trusts and to and for the intents and purposes and with under and
subject to the powers provisoes declarations and agreements thereinafter
declared expressed and contained of and concerning the same that is to say
the said Thomas Carter should depart this life in the lifetime of me the
said Harriot Winfield now Harriot Carter Upon trust that they the said
Robert Gawthrop Jonathan Hodgson and John Shutt or the survivors or survivor
of them or the Executors or Admors of such survivors or the trustees or
trustee for the time being did and should immediately after the decease of
the said Thomas Carter in the lifetime of me the said Harriot Winfield now
Harriot Carter well and truly pay assign and transfer unto me the said
Harriot Winfield now Harriot Carter my Executors Admors and assigns to and
for my and their own absolute use and benefit all and singular the
thereinbefore mentioned stocks funds sums of money debts Personal Estate
Effects and Premises except as aforesaid but in case I the said Harriot
Winfield now Harriot Carter should depart this life in the lifetime of the
said Thomas Carter then and thereupon it was thereby agreed and declared
that they the said Robert Gawthrop Jonathan Hodgson and John Shutt and the
survivors or survivor of them or the Executors or Admors of such survivors
or the trustees or trustee for the time being did and should from and after
the decease of me the said Harriot Winfield now Harriot Carter in the
lifetime of the said Thomas Carter stand and be possessed of and interested
in all and singular the thereinbefore mentioned stocks funds sums of money
debts Personal Estate Effects and Premises except as aforesaid and the
interest dividends and annual proceeds thereinof upon such trusts and to and
for such intents and purposes and with under and subject to such powers
provisoes declarations and agreements as I said Harriot Winfield now Harriot
Carter notwithstanding my then intended coverture by any deed or Instrument
in writing but with a power of revocation of new appointment by Deed or Will
to be contained therein and not otherwise to be sealed and delivered by me
in the presence of and to be attested by two or more most reliable witnesses
or notwithstanding such then intended coverture by my last Will and
Testament in writing or any reciting in the nature of or purporting to be my
last Will and Testament or any codicil or codicils thereto to be signed and
published by me in the presence of and to be attested by the like number of
credible witnesses should direct or appoint and in default of such direction
or appointment and as far as any such direction or appointment if incomplete
shall not extend Upon trust for such person or persons of the blood and
kindred of me the said Harriot Winfield now Harriot Carter living at the
time of my decease as would by virtue of the statutes of distribution of
intestates personal estate and effects have become entitled to my Personal
Estate in case I had died without being or having been married and intestate
and in the same shares as such person or persons would have been in that
case entitled to the same and in the Indenture now in recital certain
clauses and provisoes are inserted for the change of the stocks funds and
securities and there are divers other clauses and provisoes inserted in the
same Indenture and it is by the Indenture now in recital lastly instructed
that in consideration of the said then intended marriage and in pursuance
and performance of an agreement in that behalf upon the treaty for the same
I the said Harriot Winfield now Harriot Carter with the privity and
approbation of the said Thomas Carter testified as aforesaid did assign unto
the said Robert Gawthrop Jonathan Hodgson and John Shutt their Executors and
Admors all my glass china plate jewels trinkets books pictures wearing
apparel household goods household furniture liquor and wines Upon trust to
permit and suffer the same to be possessed used and enjoyed solely by me the
said Harriot Winfield now Harriot Carter or disposed of by me by way of
voluntary gift or otherwise and whereas the said marriage between the said
Thomas Carter and me the said Harriot Winfield now Harriot Carter was had
and duly solemnized on or about the 31st day of July one thousand eight hundred and
twenty one and whereas by Indenture bearing date on or about the ninth day
of April in the year of our Lord one thousand eight hundred and twenty two
and made or expressed to be made between the said Thomas Carter of the
first part and me the said Harriot Winfield now Harriot Carter of the
second part Robert Gawthrop Jonathan Hodgson and John Shutt of the third
part and Mary Winfield Lambert spinster of the fourth part reciting all
that hereinbefore recited Indentures of Settlement of my real and personal
estate and reciting that the said Thomas Carter and I the said Harriot his
wife had mutually agreed to live separately and apart from each other for
the future and reciting that upon the treaty for the said separation it
was proposed and agreed that the sum of ten thousand pounds should be
raised and paid to the said Thomas Carter for his own use and that in
consideration thereof all the real estates to which I the said Harriot
Carter was entitled before my marriage with the said Thomas Carter as well
such as were conveyed to the said Thomas Carter in fee simple by the said
Indentures of the tenth and eleventh days of July one thousand eight
hundred and twenty one as such as were conveyed by the said Indentures of
Lease and Release of the twenty seventh and twenty eighth days of July one
thousand eight hundred and twenty one to the uses declared by such last
mentioned Indentures of release should be conveyed and assigned unto and
to the use of the said trustees their heirs and assigns upon such trusts
as were therinafter mentioned and so as that I the said Harriot Carter
might have full power to enjoy and dispose of the same notwithstanding my
coverture as freely as if I was a single woman and that fines should be
levied by the said Thomas Parker(stet) and I the said Harriot his wife of
all the said heredits with the appurts in order to bar and extinguish my
right or title to dower in such of them as were conveyed to the said
Thomas Carter in fee simple and to extinguish and discharge all other the
said heredits with the appurts from the uses powers and trusts declared
limited or contained in and by the said Indenture of release or settlement
of the twenty eighth days of July one thousand eight hundred and twenty
one of the same heredits and that the said Thomas Carter should assign and
direct and declare that the said Robert Gawthrop Jonathan Hodgson and John
Shutt and the survivors and survivor of them and the executors and admors
of such survivor and the trustees or trustee for the time being should
thenceforth for and during the joint natural lives of the said Thomas
Carter and me the said Harriot his wife stand and be possessed of
interested in all and singular the stocks funds sum and sums of money debt
and debts goods chattels rights credits securities personal estate and
effects and all and singular other the Premises except such parts thereof
as so as settled to the separate use of me the said Harriot Carter as
thereinbefore mentioned and comprised in the thereinbefore in part recited
Indenture of Settlement of the Personal estate of me the said Harriot
Winfield now the said Harriot Carter dated the twenty eighth days of July
one thousand eight hundred and twenty one and of and in the interest
dividends and annual produce thereof upon such trusts for the sale and
separate use of me the said Harriot Carter as thereinafter declared and
for the purpose of carrying such agreement into execution the said Mary
Winfield Lambert on my behalf and at the instance and request of me the
said Harriot Carter consented and agreed to advance and pay the said sum
of ten thousand pounds to the said Thomas Carter and to accept from me the
said Harriot Carter under the powers to be vested in me by means of such
conveyances and assurances and from the said trustees by way of mortgage
of all the said heredits and real estate of me the said Harriot Carter to
her the said Mary Winfield Lambert for the repayment of the said sum of
ten thousand pounds with interest and so as not to be subject to the said
Thomas Carter or the said trustees to any personal liability to her the
said Mary Winfield Lambert for the payment of the said sum or the interest
thereof and reciting that upon the treaty for the said separation it was
also proposed and agreed that the said Mary Winfield Lambert should by
such her covenants as thereinafter inserted indemnify the said Thomas
Carter from and against all and every of the debts then already contracted
or which might thereafter be contracted by me the said Harriot Carter
during the aforesaid separation and which the said Thomas Carter should
otherwise might be liable or obliged to pay and reciting that upon the
treaty for the said separation it was proposed and agreed that the said
Mary Winfield Lambert should on the part and behalf of me the said Harriot
Carter covenant that I the said Harriot Carter should not interrupt or
disturb the said Thomas Carter and should not proceed against him for
alimony or any provision whatsoever but that I the said Harriot Carter
should at or immediately after the time of the execution of the Indenture
now in recital wall and effectually bar or extinguish or should release
unto the said Thomas Carter at his expense all any right or title of dower
and all my present and future claim and demand of in to from and out of
the present and future real and personal estate of the said Thomas Carter
and every or any part thereof and reciting that upon the treaty for the
said separation it was also proposed and agreed that such of the heredits
as were so reserved by the said Indentures of Lease and release of the
tenth and eleventh days of July one thousand eight hundred and twenty one
to the said Thomas Carter in fee simple and aforesaid should be separately
conveyed by him in manner aforesaid in consideration of the sum of one
thousand nine hundred and fifty pounds part of the said sum of ten
thousand pounds agreed to be so paid to him as aforesaid and reciting that
upon the treaty for the said separation it was also proposed and agreed
that the said Thomas Carter should covenant that all the real and Personal
Estate of or to which I the said Harriot Carter or the said Thomas Carter
by virtue of his marriage with me might at any time hereafter become
seized possessed or entitled should be for the separate use and
disposition of me the said Harriot Carter notwithstanding any coverture
and that he the said Thomas Carter would concur and permit his name to be
used in recovering any choses in action or other Personal Estate mentioned
or comprised in the last thereinbefore in part recited Indenture of
settlement of Personal Estate dated the twenty eighth days of July one
thousand eight hundred and twenty one or any other personal or real estate
to which I the said Harriot Carter or the said Thomas Carter as being the
husband of me the said Harriot Carter might thereafter become entitled and
also that the said Thomas Carter should enter into the several covenants
thereinafter mentioned, videluit?, for the separation of the said Thomas
Carter and me the said Harriot Carter his wife and that I the said Harriot
Carter might thenceforth live apart from him and entirely free from his
control it is witnessed that in pursuance of the thereinbefore mentioned
separation and the agreements made on the treaty for the same and in
consideration of the several conveyances settlements and agreements for
the separate use of me the said Harriot Carter therein mentioned and
referred to and of the covenants of the said Thomas Carter thereinafter
contained the said Mary Winfield Lambert at the request and by the
direction and appointment of me the said Harriot Carter had at or
immediately before the time of the sealing and delivering of the Indenture
now in recital wall and truly paid or caused to be paid to the said Thomas
Carter to and for his own sole and absolute use and benefit the said sum
of ten thousand pounds sterling of lawful English money the payment and
receipt of the said sum of ten thousand pounds sterling he the said Thomas
Carter did thereby acknowledge and admit and it was thereby agreed and
declared that the same sum of ten thousand pounds was the entire
consideration money and that the same shall be divided and apportioned
into two distinct considerations and sums of money that is to say into
eight thousand and fifty pounds and one thousand nine hundred and
fiftypounds in compliance with the then present stamp act and it is
witnessed that in pursuance of the thereinbefore mentioned separation and
the said agreements on the treaty for the same and in consideration of the
several conveyances settlements and assurances for the separate use of me
the said Harriot thereinbefore mentioned and referred to and of the
covenant of the said Thomas Carter are thereinafter contained and for
divers other good causes and considerations she the said Mary Winfield
Lambert for herself her heirs executors admors did promise covenant and
agree to and with the said Thomas Carter his heirs executors and admors in
manner following that is to say that she the said Mary Winfield Lambert
her heirs executors or admors should and would from time to time and at
all times thereafter wall and sufficiently save and defend keep harmless
and indemnified the said Thomas Carter his heirs executors and admors and
every of them and his their and every of their Lands and Tenements Goods
and Chattels real and Personal Estate and effects of from and against all
sum and sums of money costs charges damages and expenses whatsoever which
at the said Thomas Carter his heirs executors or admors or any of them
should or might be obliged to pay or should suffer sustain and be put unto
for on account or by reason or means of any such debt or debts then
already contracted or thereafter to be contracted by me the said Harriot
Carter as the said Thomas Carter should or might be liable to or obliged
to pay or for or on account of any board lodging goods wants apparel or
other thing whatsoever which should or might at any time or times during
the joint lives and separation of the said Thomas Carter and me the said
Harriot his wife be found provided or taken for or on account or by
procurement of me the said Harriot Carter or for or on account of any
contract bargain or other matter or thing whatsoever to be had made done
or committed by me the said Harriot Carter or on my account or for or by a
reason or means of any action or actions suit or suits prosecution or
prosecutions costs damages or expenses which should or might be brought or
commenced or prosecuted or carried on against or actually sustained by the
said Thomas Carter for or in respect of any of the matters and things last
aforesaid or in anywise relating thereto and that I the said Harriot
Carter or any person or persons by my procurement should not nor would at
any time or times thereafter in anywise interrupt or disturb the said
Thomas Carter in his present place of abode or dwelling or elsewhere or in
his manner or way of living either by Ecclesiastical process censure or
otherwise howsoever and also that I the said Harriot Carter should not nor
would at any time thereafter exhibit or prefer any spiritual or
ecclesiastical court any libel or process for conjugal right or dues or
commence sue for the or prosecute any writ process suit or action for
compelling the said Thomas Carter to cohabit with me or anytime thereafter
or to pay or allow me while we should live separately and apart any
alimony or provision whatsoever either for my clothing necessities
maintenance and support in anywise whatsoever but that I the said Harriot
Carter should and would at the request costs and charges of the said
Thomas Carter make do acknowledge levy suffer and execute all such acts
deeds fines recoveries conveyances and assurances for the purposes of
releasing barring and extinguishing all dower and free bench right and
title to dower and free bench and all thirds and other parts shares
Estates rights interest claim and demand whatsoever either by common law
statute law or by any custom or customs or otherwise which I the said
Harriot Carter then had or might thereafter have in to from or out of all
or any part or parts of the Real or Personal Estate of or to which the
said Thomas Carter then was or might at any time thereafter be seized
possessed or entitled in his own right and not in the right of me the said
Harriot Carter nor by virtue or in consequence of his intermarriage with
me as the said Thomas Carter his heirs executors admors or assigns or any
of them or his or their or any of their counsel in the law should devise
or advise or require but so that the making doing acknowledging levying
suffering and executing of such acts deeds fines recoveries conveyances
and assurances which I the said Harriot Carter be neither compelled nor
compellable to leave this Kingdom nor even to travel or go from the place
of my abode and recite that in pursuance and part performance of the said
agreement made or the treaty for the thereinbefore mentioned separation
and for and in consideration of the said sum of one thousand nine hundred
and fifty pounds the divided and apportioned part of the said sum of ten
thousand pounds sterling agreed to be paid to the said Thomas Carter as
aforesaid the messuages or dwellinghouses Buildings Lands heredits and all
singular other the Premises mentioned and comprised in the thereinbefore
in part recited Indenture of Lease and release dated the tenth and
eleventh days of July one thousand eight hundred and twenty one had been
or were then intended to be by Indenture of Lease and Release the release
bearing even date with the Indenture now in recital and made or expressed
to be made between the said Thomas Carter of the first part the said
(stet) Carter of the second part the said Mary Winfield Lambert of the
third part and the said Robert Gawthrop Jonathan Hodgson and John Shutt of
the fourth part and by a fine in the said Indenture of release covenanted
or agreed to be levied by the said Thomas Carter and me the said Harriot
Carter unto the said Robert Gawthrop Jonathan Hodgson and John Shutt and
their heirs conveyed and assured unto and to the use of the said Robert
Gawthrop Jonathan Hodgson and John Shutt their heirs and assigns Upon the
trusts and for the intents and purposes in the said Indenture of release
of even date with the Indenture now in recital expressed declared or
contained being such or the like trusts intents and purposes as were
thereinafter expressed declared and contained of and concerning the
heredits thereinafter mentioned and thereby granted and released with the
Appurts and it is by the Indenture now in recital also Witnessed that in
pursuance and further performance of the said agreements made on the
treaty for the hereinbefore mentioned separation in consideration of the
said sum of eight hundred and fifty pounds the other divided and
apportioned part of the said sum of ten thousand pounds sterling money so
paid to the said Thomas Carter as aforesaid and also in consideration of
the said Mary Winfield Lambert for and on the behalf of me the said
Harriot Carter thereinbefore contained and in consideration of the sum of
ten shillings of lawful English money by the said Robert Gawthrop Jonathan
Hodgson and John Shutt to the said Thomas Carter in hand well and truly
paid at or immediately before the sealing and delivering of the Indenture
now in recital the receipt whereof was thereby acknowledged he the said
Thomas Carter according to his Estate and Interest and with the privity
and consent of the said Mary Winfield Lambert did grant bargain sell and
release unto by the said Robert Gawthrop Jonathan Hodgson and John Shutt
and to their heirs and assigns all the Messuages Buildings Lands Tenements
Heredits and all and singular other the Premises mentioned and comprised
in the thereinbefore in part recited Indenture of Lease and Release dated
respectively the twenty seventh and twenty eighth days of July one
thousand eight hundred and twenty one and all the estate right title and
interest use trust possession property Clause and demand whatsoever both
at Law and in the equity of him the (stet) Thomas Carter of into from and
out of the same messuages buildings Lands Tenements Heredits and Premises
and every or any part thereof to hold the last thereinbefore mentioned
messuages buildings Land Tenements Heredits and all and singular other the
Premises thereby granted and released or expressed and intended so to do
unto the said Robert Gawthrop Jonathan Hodgson and John Shutt their heirs
and assigns to the only proper use and behalf of the said Robert Gawthrop
Jonathan Hodgson and John Shutt their heirs and assigns Upon the Trusts
and for the intents and purposes and with and subject to the declarations
and agreements thereinafter expressed declared and contained concerning
the same and for the consideration lastly thereinbefore expressed and to
the intent that all the said heredits and premises thereinbefore mentioned
and thereby granted and released as aforesaid or then intended so to be
and the fee simple and inheritance thereof might be well and effectually
conveyed and assigned unto and vested in the said Robert Gawthrop Jonathan
Hodgson and John Shutt their heirs and assigns freed exonerated and
discharged of and from the several uses powers trusts declarations and
agreements in the said Indenture of release and Settlement of the twenty
eighth day of July one thousand eight hundred and twenty one expressed
declared and contained concerning the same Upon the Trusts nevertheless
and for the intents and purposes thereinafter expressed and declared the
said Thomas Carter for himself his heirs executors and admors did thereby
covenant promise and agree to and with the said Robert Gawthrop Jonathan
Hodgson and John Shutt their heirs and assigns that they the said Thomas
Carter and Harriot his wife she the said Harriot Carter consenting thereto
should and would at the request of the said Robert Gawthrop Jonathan
Hodgson and John Shutt their heirs and assigns and at their proper costs
and charges to be defrayed out of their trust estate in manner therein
mentioned acknowledge and levy in due form of Law unto the said Robert
Gawthrop Jonathan Hodgson and John Shutt and their heirs or the heirs of
out of them one or more fine or fines sue cogunzaure de droit some ses or
with Proclamations according to the form of the statute in that case made
and provided and the normal order and course of fines with Proclamations
there note of and construing all and singular the said Heredits and
Premises thereinbefore mentioned and intended to be thereby granted and
released with their and duty of their appurts by such names situations
quantities qualities and other descriptions as should be sufficient fully
to comprise and pass all the said Heredits with their appurts and it was
thereby declared and agreed by and between all the said parties to the
Indenture now in the recital that as well the said fine or fines
thereinbefore covenanted and agreed to be levied as all and every other
fine or fines common recovery and common recoveries conveyances and
assurances in the law whatsoever at any time or times thereafter to be had
made acknowledged levied suffered or executed of and concerning the
Heredits and premises thereinbefore mentioned and then intended to be
thereby granted and released or any part thereof either about or jointly
with other Heredits by or between the said parties to the Indenture now in
recital or any of them or whereunto they or any of them were or was or
should or might be parties or privies party or privy should so far as the
said fine or fines or other assurances respectively related to or
construed the said Heredits and premises released be and ensure and should
be adjudged deemed construed and taken and were and was meant and intended
to be and enure to the use of the said Robert Gawthrop Jonathan Hodgson
and John Shutt their heirs and assigns for ever Upon the trusts
nevertheless and for the intents and purposes and subject to the provisoes
declarations and agreements thereinafter expressed declared and contained
of and containing the same that is to say Upon trust to covey and assure
the same the same (stet) to such person or persons and for such estate or
interest estates or interests by way of mortgage or otherwise or upon such
other trusts and to and for such other Intents and purposes and under and
subject to such powers provisoes and declarations as I the said Harriot
Carter notwithstanding my present coverture and whether I should be covert
or sole by any deed or deeds writing or writings with or without power of
revocation and new appointment and to be by me sealed and delivered in the
presence of and to be attested by two or more reliable witnesses should
direct or appoint and as fully and effortically(stet) to all intents and
purposes as if I were a single woman and in default of and in the meantime
and until such directions or appointments and so far as any such
directions or appointments if incomplete should not extend Upon trust that
the said Robert Gawthrop Jonathan Hodgson and John Shutt or the survivors
or survivor of them his heirs or assigns did and should pay all the rents
issues and profits and produce of the messuages or dwellinghouses
Buildings Lands heredits and Premises thereby granted and released or
expressed or intended as to be unto the proper hands of me the said
Harriot Carter or to the hands of such person or persons as I
notwithstanding my present coverture and whether I should be covert or
sole by any note or writing under my hand should from time to time appoint
to receive the same during my life and that even during the joint lives of
myself and the said Thomas Carter I might make a sweeping appointment
thereof or dispose thereof by way of mortgage charge sale assignment or
otherwise in the way of anticipation nevertheless the same rents issues
profits and produce should be for the sole and separate use of me the said
Harriot Carter and should not be subject to the debts control disposition
or engagement of the said Thomas Carter my said husband and it was thereby
agreed and declared that the receipt or receipts of me the said Harriot
Carter or of such person or persons as I should notwithstanding my
coverture from time to time appoint to receive the same rents issues
profits and produce and my or their receipt or receipts only should be a
good and sufficient discharge or good and sufficient discharges to the
person or persons paying the same fo(stet) so much thereof as in such
receipt or receipts should be acknowledged or expressed to be received and
from and after the decease of me the said Harriot Carter and subject to
any such directions or appointments as aforesaid did and should stand
seized and be possessed of and interested in the said messuages or
dwellinghouses buildings lands heredits and premises and the rents issues
and profits and products thereof upon such trusts and to and for such
intents and purposes and under and subject to such powers provisoes and
declarations as I the said Harriot Carter notwithstanding my present
coverture and whether I should be covert or sole by my last Will and
Testament in writing or any writing or writings purporting to be my last
Will and Testament or any Codicil or Codicils to be signed and published
by me in the presence of three or more credible witnesses should direct or
appoint and in default of such directions or appointment or so far as any
such if incomplete should not extend in trust for me the said Harriot
Carter my heirs and assigns for ever and to convey and assure the said
messuages or dwellinghouses buildings lands heredits and Premises
accordingly and the said Thomas Carter did thereby for himself his heirs
executors and admors promise covenant and agree to and with the said
Robert Gawthrop Jonathan Hodgson and John Shutt their heirs and assigns in
manner following (that is to say) that he the said Thomas Carter had not
at any time theretofore made done executed committed or knowingly
permitted or suffered to be made or done any act deed matter or thing
whatsoever whereby or by means whereof the said messuages buildings lands
tenements heredits and premises thereby granted and released or expressed
and then intended so to be or any of them or any part or parts thereof
were was could should or might be impeached charged or incumbered in
anywise however and that the same messuages buildings lands tenements
Heredits and premises and every of them and every part thereof should and
might henceforth from time to time and at all times during the joint lives
of the said Thomas Carter and me the said Harriot Carter his wife remain
continue and be upon the trust last thereinbefore declared and expressed
of and concerning the same messuages buildings lands tenements heredits
and premises and should and might be peaceably and quietly held used
occupied possessed and enjoyed and the rents issues profits and
produced(stet) thereof received paid and applied accordingly without any
lawful let suit trouble denial eviction interruption hindrance disturbance
clause or demand whatsoever of from or by him the said Thomas Carter or
any person or persons whomsoever lawfully or equitably claiming or to
claim by from through or in trust for him and it is by the Indenture now
in recital also Witnessed that in pursuance and further performance of the
said agreements made on the treaty for the thereinbefore mentioned
separation and for and in consideration of the said sum of ten thousand
pounds sterling money so paid to the said Thomas Carter as aforesaid and
also in consideration of the covenants of the said Mary Winfield Lambert
for and on the behalf of me the (stet) Harriot Carter thereinbefore
contained and for other the considerations thereinbefore mentioned or
referred to at the said Thomas Carter according to his estate right and
interest benefit and property and for purpose of assigning and
transferring the same did grant bargain sell assign transfer and set over
unto the said Robert Gawthrop Jonathan Hodgson and John Shutt their
executors admors and assigns all and singular the stocks funds sum and
sums of money debt debts goods chattels right credit securities personal
estate and effects and all and singular other the Premises thereinbefore
mentioned in the thereinbefore in part recited Indenture of settlement of
the Personal Estate late of me the said Harriot Winfield now the said
Harriot Carter dated the said twenty eighth day of July one thousand eight
hundred and twenty one and all the interest dividends and annual proceeds
thereof and all the estate right interest property benefit claim and
demand whatsoever of him the said Thomas Carter into from or out of the
same premises and every or any part or parts thereof to have hold receive
and take the Premises thereby assigned or expressed and intended so to be
subject to the payment of the said annual sum of three hundred pounds by
way of pin money as aforesaid unto and by the said Robert Gawthrop
Jonathan Hodgson and John Shutt their executors admors and assigns during
the joint lives of the said Thomas Carter and Harriot his wife Upon the
trusts next thereinafter declared (that is to say) it was thereby agreed
and declared between amongst and by the parties to the Indenture now in
recital and the said Thomas Carter did for the consideration aforesaid
thereby agree and expressly declare that the said Robert Gawthrop Jonathan
Hodgson and John Shutt and the survivors and survivor of them and the
executors admors and assigns of such survivor should thenceforth stand and
be possessed of and interested in all the Premises thereby assigned or
expressed and intended so to be Upon trust that they the said Robert
Gawthrop Jonathan Hodgson and John Shutt or the survivors or survivor of
them or the executors admors and assigns of such survivor should and did
during the joint lives of the said Thomas Carter and me the said Harriot
his wife receive and take all the interest dividends produce and premises
thereby assigned or intended so to be and should and did pay apply and
dispose of the whole of the same interest dividends produce and
premises............ as and when they should from time to time become
payable and be received during such joint lives as aforesaid unto such
person or persons only and for such ends intents and purposes only as I
the said Harriot Carter should from time to time by any note or writing
signed with my hand notwithstanding coverture request direct or appoint of
or concerning the same or any part or parts thereof and in default of and
in the meantime and until such request direction or appointment or so far
as the same should not extend should and did either permit and authorise
and empower me the said Harriot Carter to receive or otherwise pay such
interest dividends produce and premises thereby assigned or expressed and
intended so to be into the proper hands of me the said Harriot Carter for
my own sole separate personal and peculiar use benefit and disposal
exclusive of the said Thomas Carter my husband who was not to intermeddle
therewith nor should the same be in anywise subject or liable to his
control debts or engagements but the receipts and discharges of me the
said Harriot Carter or of the person or persons to whom I should request
direct or appoint the said interest dividends produce and premises thereby
assigned or expressed and intended so to be or any part or parts thereof
to be paid should be good and effectual discharges for so much money as
should be thereby expressed or acknowledged to be received and that
notwithstanding the trusts last aforesaid I the said Harriot Carter might
dispose of the said interest dividends produce and premises by way of
anticipation or making any sweeping appointment thereof and it is by the
Indenture now in recital further witnessed that in pursuance and further
performance of the agreements made in the treaty for the thereinbefore
mentioned separation and for and in consideration of the said sum of eight
thousand and fifty pounds the dividend and apportioned part of the said
sum of ten thousand pounds sterling so paid to the said Thomas Carter as
aforesaid and also in consideration of the covenants of the said Mary
Winfield Lambert and for other the considerations therein before mentioned
or referred to he the said Thomas Carter for himself his heirs executors
and admors did thereby further promise covenant and agree to and with the
said Robert Gawthrop Jonathan Hodgson and John Shutt their executors
admors and assigns in manner following that is to say that he the said
Thomas Carter would not only permit me the said Harriot Carter
notwithstanding and during my coverture to have receive and enjoy to my
own sole and separate use and benefit all or any real or personal estate
or estates sum and sums of money in as ample and beneficial a manner as by
virtue of any gift grant devise bequest descent or distribution I might
have been entitled to have taken received and enjoyed the same if I had
remained unmarried except the said sum of ten thousand pounds sterling so
paid to him as aforesaid but also that if the said Thomas Carter in right
of me the said Harriot Carter his wife should become interested in or
entitled to any sum or sums of money beyond the said sum of ten thousand
pounds sterling so paid to him as aforesaid or any other real or personal
estate of what nature or kindsoever exclusively of the said sum of ten
thousand pounds then already settled or given or bequeathed to or which
might thereafter be settled given or bequeathed to me the said Harriot
Carter or to which I might be entitled as the heiress at law or next of
kin of any person or persons whomsoever he the said Thomas Carter his
heirs executors or admors should and would without prejudice to his right
to retain the said sum of ten thousand pounds permit and suffer the same
and every part thereof to be at the entire disposition of me the said
Harriot Carter notwithstanding my coverture either for my own use or the
use of any person or persons as I should direct or appoint by and Deed or
Deeds writing or writings executed by and in the presence of and to be
attested by two or more credible witnesses or by last Will and Testament
in writing or any writing in the nature of or purporting to be my last
Will and Testament to be by me signed and published in the presence of and
attested by three or more credible Witnesses and in default of such
direction or appointment and so far as the same should not extend should
and would permit and suffer such part or parts thereof as should be
freehold or copyhold to be holden and enjoyed after the decease of me the
said Harriot Carter by my heirs and assigns and such part and parts
thereof as should be chattels real or personal to be holden and enjoyed
after the decease of me the said Harriot Carter by the next of kin or
Personal Representative of me the said Harriot Carter exclusive of him the
said Thomas Carter his executors and admors in a loyal course of
distribution and also that the said Thomas Carter should and would from
time to time and at all times thereafter at the request costs and charges
of me the said Harriot Carter consent and concur in the exercise and
execution of all and every of the powers contained in the several
thereinbefore in part recited Indentures of Settlement to the exercise and
execution whereof the request direction consent or concurrence of the said
Thomas Carter might be deemed necessary usual or proper and also that he
the said Thomas Carter his executors and admors should and would from time
to time and at all times thereafter at the request costs and charges of me
the said Harriot Carter commence and carry on or permit and suffer his and
their name and names to be used in any action or actions suit or suits or
other proceedings for recovering and * for the separate use and
disposition of me the said Harriot Carter notwithstanding my coverture any
estate real or Personal exclusively of the said sum of ten thousand pounds
to which I the said Harriot Carter or the said Thomas Carter in my right
or by the virtue of his marriage with me is or might at any time
thereafter be entitled and also that notwithstanding the marriage that was
so had and solemnized between the said Thomas Carter and me the said
Harriot Carter his wife as aforesaid it should and might be lawful to and
for me the said Harriot Carter from time to time and at all times
thereafter to live separate and apart from him the said Thomas Carter in
such place sort and manner as if I were sole and unmarried and that he the
said Thomas Carter should not nor would compel me to cohabit or live with
him by any Ecclesiastical censure or proceedings or otherwise howsoever
and that I the said Harriot Carter should be absolutely and to all intents
and purposes whatsoever freed and discharged from the power command rule
restraint authority and Governance of him the said Thomas Carter and that
he the said Thomas Carter should not nor would at any time or times
thereinafter for any case or under any pretence whatsoever sue or
prosecute any person or persons for receiving harbouring protecting or
assisting me the said Harriot Carter or ill treat or use or offer any
violence force or restraint to the person of me the said Harriot Carter or
molest interrupt or disturb me in any way of living or in my liberty or
freedom of going to or staying in such place or place as I should think
fit and also that he the said Thomas Carter should not nor would claim or
take from me the said Harriot Carter or sue or prosecute any person or
persons except at my request for or upon account of any jewel plate linen
furniture goods chattels or any real or personal estate whatsoever which
or any person or persons then had or should be in possession of or
entitled to for my separate use and disposition according to the true
intent and meaning of the Indenture now in recital and also that the last
Will and testament of me the said Harriot Carter of my separate estate
should be as valid and effectual as if I the said Harriot Carter were sole
and unmarried at the time of the making thereof and continued sole till
the time of my death and that the person or persons to whom I should leave
such separate estate should hold and enjoy the same free from all claims
or demands whatsoever of or by him the said Thomas Carter his heirs
executors and admors or any of them or any person or persons whomsoever
claiming or to claim under him or them or any of them and that he the said
Thomas Carter would not prevent or delay probate of the Will and Testament
or testamentary writing or writing of me the said Harriot Carter but would
permit and suffer and consent to the Probate thereof by the Executors or
Executresses thereof and also that he the said Thomas Carter his heirs
executors and admors and all and every person and persons lawfully or
equitably claiming or to claim by from through under or in trust for him
or them or any of them should and would from time and at all times
thereafter upon every reasonable request and at the expense of me the said
Harriot Carter or my trustees or my or their heirs appointees executors
admors or assigns make do and execute or join and concern in all and every
such lawful and reasonable acts and deeds devices assurances matters and
things whatsoever for corroborating confirming establishing and carrying
into full execution the Indenture now in recital and every clause matter
and thing therein contained and on his and their parts to be observed
fulfilled and kept as by me the said Harriot Carter or my trustees or my
or their heirs appointees executors admors or assigns or any of them or my
their or any of their counsel in the Law should be devised or advised and
required Provided always and it was thereby declared and agreed by and
between the said parties to the Indenture now in recital and the true
intent and meaning of them and of the same...Indenture was that it should
and might be lawful to and for the said Robert Gawthrop Jonathan Hodgson
and John Shutt and every or any of them their and every of their heirs
executors admors and assigns by and out of all or any of the trust estates
and premises aforesaid or any monies which by virtue of the same indenture
should come to their or any of their hands to deduct retain to and
reimburse themselves and to pay and allow to their or his co trustee or co
trustees all such less costs charges and expenses as they or any of them
or the said Mary Winfield Lambert her heirs executors or admors should or
might suffer sustain or be put into in or about the execution of all or
any of the trusts thereby in them reposed or by reason or on account of
the covenants entered into by the said Mary Winfield Lambert as aforesaid
and that they for the said Robert Gawthrop Jonathan Hodgson and John Shutt
and their respective heirs executors and admors should be charged and
chargeable only for such monies as they should respectively actually
receive and every of them only for and with his own respective receipts
payments acts and wilful defaults and not otherwise and should not be
answerable or accountable for the others or other of them or for the acts
deeds receipts neglects and defaults of the others or other of them the
joining in receipts merely for conformity notwithstanding and they the
said Robert Gawthrop Jonathan Hodgson and John Shutt or any or other of
them or their representatives executors or admors or any of them should
not be charged or chargeable with or for any loss or damage which should
or might happen in or about the execution of all or any of the trusts
aforesaid without their respective wilful defaults and whereas by
Indenture bearing date the twentieth day of April the year of our Lord one
thousand eight hundred and twenty two made or expressed to be made between
me the said Harriot Carter of the first part the said Robert Gawthrop
Jonathan Hodgson and John Shutt of the second part and the said Mary
Winfield Lambert of the third part after reciting the several indentures
of settlement and of separation hereinbefore recited and after reciting
that a fine sur conurance de droit conce res was in pursuance of the
covenant for that purpose in the last hereinbefore recited Indenture of
Release contained duly levied accordingly and reciting that in pursuance
and part performance of the said agreement made on the treaty for the
thereinbefore mentioned separation and for and in consideration of the
said sum of one thousand nine hundred and fifty pounds the divided and
apportioned part of the said sum of ten thousand pounds sterling agreed to
be paid to the said Thomas Carter as aforesaid the messuages or dwelling
houses buildings lands heredits and all singular other the premises
mentioned and comprised in the thereinbefore in part recited Indentures of
Lease and Release dated respectively the eighth and ninth days of April
one thousand eight hundred and twenty two the release being made or
expressed to be made between the said Thomas Carter of the first part the
said Harriot Carter of the second part and the said Mary Winfield Lambert
of the third part and the said Robert Gawthrop Jonathan Hodgson and John
Shutt of the fourth part and by a fine sur conurance de droit conce seo in
the said Indenture of release covenanted or agreed to be levied by the
said Thomas Carter and me the said Harriot Carter unto the said Robert
Gawthrop Jonathan Hodgson and John Shutt and their heirs or the heirs of
one of them and which fine had been since duly levied accordingly and
which the said Indentures of Lease and Release were the same as are in the
last thereinbefore recited Indenture of release mentioned to bear even
date therewith conveyed and assigned unto and to the use of the said
Robert Gawthrop Jonathan Hodgson and John Shutt their heirs and assigns
upon the trusts and for the intents and purposes in the said Indenture of
release of even date therewith expressed declared and contained being such
or the like trusts intents and purposes as in and by the said Indenture of
release of even date with the Indenture of release now in recital are
expressed declared and contained of and concerning the heredits thereby
granted and released with the appurts and reciting that the said Thomas
Carter and me the said Harriot Carter his wife had ever since the date and
execution of the said recited Indenture of lease and Release of the eighth
and ninth days of April one thousand eight hundred and twenty two lived
separate and apart from each other it is witnessed that in pursuance of
the agreement thereinbefore and in the hereinbefore recited Indenture of
Release of ninth day of April in that behalf mentioned and for securing
the payment to the said Mary Winfield Lambert her executors admors and
assigns of the said sum of ten thousand pounds by the said Mary Winfield
Lambert at the request and on the behalf of me the said Harriot Carter
paid to the said Thomas Carter as aforesaid with Interest thenceforth for
the same at the times and in the manner therein after mentioned the
payment of which said sum of ten thousand pounds and in manner aforesaid I
the said Harriot Carter did thereby admit I the said Harriot Carter by
virtue and in pursuance of the powers or authorities power or authority to
me given limited or reserved by the said two several hereinbefore in part
recited Indentures of the ninth day of April one thousand eight hundred
and twenty two and by virtue and in pursuance of every other right power
or authority enabling me in that behalf and in execution thereof did by
the present deed or instrument in writing by me the said Harriot Carter
sealed and delivered in the presence of the two credible persons whose
names were intended to be thereupon indowed as Witnesses attesting the
execution thereof by me the said Harriot Carter direct and appoint that
the said Robert Gawthrop Jonathan Hodges(stet) and John Shutt did and
should in and by the Indenture now in recital convey and assign the
several messuages buildings lands tenements and premises comprised in the
said two several hereinbefore in part recited Indentures of release of the
ninth day of April one thousand eight hundred and twenty two and thereby
respectively granted and released with the appurts unto the said Mary
Winfield Lambert her heirs and assigns to the trust of the said Mary
Winfield Lambert her heirs and assigns for ever but subject to the proviso
or agreement for redemption of the same premises thereinafter inserted and
contained and it is by the Indenture now in recital further witnessed that
in further pursuance of the said agreement for the consideration aforesaid
and in consideration of the sum of ten shillings of lawful money of Great
Britain by the said Mary Winfield Lambert to the said Robert Gawthrop
Jonathan Hodgson and John Shutt paid they the said Robert Gawthrop
Jonathan Hodgson and John Shutt at the request and by the direction and
appointment of me the said Harriot Carter and each and every them did
grant bargain sell alien release and confirm unto the said Mary Winfield
Lambert and to her heirs and assigns all those several messuages buildings
lands tenements and all and singular other the premises intentioned
described and comprised in the said two several hereinbefore in part
recited Indentures of lease of the ninth day of April one thousand eight
hundred and twenty two and thereby granted and released or intended so to
be together with the appurts to hold the said messuages buildings lands
tenements heredits and all and singular other the premises thereinbefore
mentioned and intended to be thereby appointed granted and released with
their and every of their appurts unto the said Mary Winfield Lambert her
heirs and assigns to the use of the said Mary Winfield Lambert her heirs
and assigns for ever but subject to the proviso or agreement for
redemption of the same premises thereinafter inserted and contained that
is to say Provided always that if I the said Harriot Carter my heirs
executors admors or assigns or any of them should well and truly pay or
cause to be paid unto the said Mary Winfield Lambert her executors admors
or assigns the sum of ten thousand pounds of lawful money of Great Britain
with interest thenceforth for the same after the rate of five pounds for
every hundred pounds for a year in manner following that is to say the sum
of two hundred and fifty pounds being one half year interest thereof after
the rate aforesaid on the twentieth day of October then next ensuing and
the sum of ten thousand two hundred and fifty pounds being the said
principal money and another half years interest thereof after the rate
aforesaid on the twentieth day of April then next following and which
would be in the year of our Lord one thousand eight hundred and twenty
three without making any deductions defalration or abatement thereout
whatsoever then and thenceforth the said Mary Winfield Lambert her heirs
or assigns should and would upon the request and at the costs and charges
of me the said Harriot Carter my heirs or assigns release and reconvey all
and singular the said messuages buildings lands tenements heredits and
premises thereinbefore mentioned and intended to be thereby appointed and
granted and released with their and every their Appurts unto and to the
use of the said Robert Gawthrop Jonathan Hodgson and John Shutt their
heirs and assigns for ever to be held by them upon such and the same
trusts and for the same intents and purposes and subject to such and the
same provisoes declarations and agreements as are in and by the said two
several Indentures of Release of the ninth day of April one thousand eight
hundred and twenty two expressed declared and contained of and concerning
the same respectively or as near thereto as the deaths of persons and
other circumstances would permit freed and discharged of and from all
encumbrances made done or committed by the said Mary Winfield Lambert her
heirs executors admors or assigns in the meantime and it is by the
Indenture now in recital further witnessed that in consideration of the
covenants entered into by the said Mary Winfield Lambert with the said
Thomas Carter in and by the said hereinbefore recited Indenture of Release
of the ninth day of April one thousand eight hundred and twenty two as
aforesaid and of the sum of ten shillings of legal money of Great Britain
by the said Mary Winfield Lambert to me the said Harriot Carter paid I the
said Harriot Carter by virtue and in pursuance of the power or authority
to me given limited or reserved by the said hereinbefore in part recited
Indenture of the ninth day of April one thousand eight hundred and twenty
two and by virtue and in pursuance of every other right power or authority
enabling me in that behalf and in execution thereof did by the then
present writing signed with my hand request direct and appoint that the
said Robert Gawthrop Jonathan Hodgson and John Shutt and the survivors and
survivor of them and the executors admors and assigns of such survivor
should and did by with and out of the interest dividends produce and
premises assigned to the said Robert Gawthrop Jonathan Hodgson and John
Shutt their executors admors and assigns during the joint natural lives of
the said Thomas Carter and me the said Harriot Carter his wife and by the
said hereinbefore recited Indenture of the ninth day of April one thousand
eight hundred and twenty two as aforesaid from time to time and at all
times thereafter so far as the same would extend but so as not to prevent
the same from time to time whilst no such indemnity as thereinafter
mentioned should be necessary applied for the Personal use of me the said
Harriot Carter well and sufficiently save harmless and indemnify the said
Mary Winfield Lambert her heirs executors and admors and every of them and
her then and every of their Lands and Tenements Goods and Chattels of from
and against all action suit and suits costs damages expenses claims and
demands whatsoever which should or might be brought or prosecuted against
the said Mary Winfield Lambert her heirs executors and admors or any of
them or which she they or any of them should or might sustain expound or
be put unto for or by reason or on account of the said Mary Winfield
Lambert having entered into the covenants in the said therein before in
part recited Indenture of the ninth day of April one thousand eight
hundred and twenty two contained on the part of the said Mary Winfield
Lambert her heirs executors or admors or for or on account of any other
matter cause or thing in anywise relating thereto now I the said Harriot
Carter pursuant to and by force and virtue and in exercise and execution
of all and every of the powers and authorities to me for this purpose
given by the hereinbefore in part recited Indentures or some or out of
them or other the Indentures fines deeds or Instruments in writing
hereinbefore mentioned or referred to and of every or any other power or
authority powers or authorities in anywise enabling me in this behalf do
by this last Will and Testament in writing or by this writing in the
nature of and purporting to be my last Will and Testament signed and
published by me in the presence of the three credible persons whose names
it is intended shall be hereto subscribed as Witnesses attesting the
signing and publishing of this my last Will and Testament in writing by me
the said Harriot Carter give devise direct and appoint unto the said Mary
Winfield Lambert her heirs and assigns for ever all the herein before
mentioned messuages buildings lands tenements heredits and premises
together with their and every of them rights members privileges and
appurts and all other the messuages buildings lands tenements heredits and
real estate of whatsoever tenure and wheresoever situate of or to which I
or any person or persons in trust for me and is or are seized or entitled
of or for estate of inheritance or of freehold only in possession
reversion remainder or expectancy or of which I have power to dispose by
this will or this writing in the nature thereof with their rights members
privileges and Appurts to have and to hold all the same premises unto the
said Mary Winfield Lambert her heirs and assigns to the use and behalf of
the said Mary Winfield Lambert her heirs and assigns for ever subject
nevertheless and charged and chargeable as hereinafter expressed and
declared and I the said Harriot Carter pursuant to and under or by virtue
of the hereinbefore mentioned powers or some or one of them or others the
powers or power in this behalf enabling me to do by this my last will and
testament in writing or by this my writing in the nature of and purporting
to be my last will and testament so executed and attested as aforesaid
give bequeath direct and appoint unto the said Mary Winfield Lambert her
executors admors and assigns all the hereinbefore mentioned sums of nine
thousand eight hundred and seventy seven pounds seventeen shillings and
five pence three per centum consolidated bank annuities ten thousand eight
hundred and fifty pounds Navy five per centum bank annuities and all the
stocks or funds in which the said three last hereinbefore mentioned sums
or any of them or any part or parts thereof are or is was or may hereafter
be invested and all other the stocks and funds sum and sums of money and
securities for money goods and chattels real and Personal right credits
Personal estate and effects whatsoever and wheresoever of which I have
power to dispose by this my will or by this writing in the nature thereof
and all the Glass China Plate Jewels Trinkets Books Pictures Prints
Wearing apparel household goods household furniture liquors and wines so
settled to my separate use as hereinbefore recited and to be at my
disposal not withstanding my coverture to have hold receive and take all
and singular the lastly hereinbefore mentioned Personal Estate Effects and
Premises unto and by the said Mary Winfield Lambert her executors admors
and assigns subject nevertheless as hereinafter expressed and declared
that is to say it is my will and desire and I do hereby to the extent of
my power subject and charge and make chargeable all the Real and Personal
Estate so given devised bequeathed directed and appointed respectively as
aforesaid to and with the payment satisfaction and discharge of all my
just debts my funeral and testamentary expenses the mortgage debt to the
said Mary Winfield Lambert and interest or so much thereof as may at the
time of my decease be respectively due and owing according to the true
meaning of the said Indenture of Mortgage hereinbefore in part recited and
all the loss costs charges damages and expenses which the said Mary
Winfield Lambert her heirs executors or admors or any of them or the said
Robert Gawthrop Jonathan Hodgson and John Shutt or any or either of them
or their or any or other of their heirs executors or admors or any of them
shall or may sustain incur be at or be put unto for or by reason or on
account of the said Mary Winfield Lambert having entered into the
covenants hereinbefore mentioned or the said Robert Gawthrop Jonathan
Hodgson and John Shutt having become trustees in and acting under the
several trusts powers and provisoes declared and contained in the
Indenture hereinbefore in part recited or some or out of them it being my
true meaning and dearest desire to reimburse and indemnify against loss
the said trustees under the deeds of settlement and separation
hereinbefore in part recited or mentioned or referred to and make my real
Personal Estate available for that purpose and lastly I do hereby to the
extent of my power nominate constitute and appoint the said Mary Winfield
Lambert who is the daughter of Josias Lambert by Beatrix his late wife
theretoforth Beatrix Winfield the sole EXECUTRIX of this my last Will and
Testament or of this writing in the nature thereof and subject to the
provision herebefore contained for the payment of my debts my funeral and
testamentary expenses and for the reimbursement and indemnity of the said
trustees and such and every of them I give devise and bequeath all the
real and personal estate of which I have the power to dispose unto the
said Mary Winfield Lambert her heirs executors admors and assigns to and
for her and their own absolute use and benefit and I do hereby revoke all
Wills and Testamentary Writings by me at any time heretobefore made and do
declare this to be my last Wills and Testament In Witness whereof I the
said Harriot Carter the testatrix have to this last Wills and Testament
written on fifty five pages set my hand and seal that is to say my hand to
each of the fifty four previous pages and my hand and seal to the fifty
fifth and last page this tenth day of October in the year of our Lord one
thousand eight hundred and twenty seven Harriot Carter signed sealed
published and declared the several alterations by erasures interlineations
and obliterations having been first made and the initials of the Testatrix
resply(stet) prefixed thereto by the before named Harriot Carter the
Testatrix as and for her last Wills and Testament in the presence of such
other have hereunto subscribed our names as witnesses thereunto
Robert Greene Bradley Slyne House Barrister at Law
William Rigg Perpetual Curate of Flookburgh
John Close Surgeon Cartmel
Proved at London 20 Febr 1836 before me the Judge by the Oath of Mary
Winfield Lambert Spinster the sole Executrix of whom admors was granted
limited so far as concerns all the right title and interest of the
deceased in and to the several sums of nine thousand eight hundred and
seventy seven pounds seventeen shillings and five pence three per cent
consolidated bank annuities eleven thousand three hundred and ninety two
pounds ten shillings new three and a half per cent annuities and two
thousand pounds reduced three and a half per cent annuities and the
dividends and interest due and to grow due thereon and the profits and
produce thereof over which the deceased had power of disposal by her will
and hath disposed of accordingly and all benefit and advantage to be had
received and taken therefrom but no further or otherwise or in any other
manner whatsoever having been sworn by commission duly to administer.
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