Transcription of Harriot Carter’s Will

Harriet Carter formerly Winfield 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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