4th April 1758
Thomas Sommers last will
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This is the last will and testament of Thomas summers of Lambrig in the parish of Kirkby Kendal
and County of Westmoreland yeoman whereas I am [sazed] of a free whole messuage and tenement with its appurtenances situate
lying and being at Abb[ry?] in Lambrig in the parish of Kirkby Kendal and County aforesaid now in the tenure and occupation of Richard
Thompson as farmer thereof holden and Sir James Lowther Baronet as Lord thereof by and under the payment of the yearly free rent
of 1 pound 16 shillings and Seven Pence half penny or thereabouts also of one close or parcel of ground with its appurtenances
called Seal Parrock lying and being in Docker holden unto the said Sir James Lowther Baronet by and under the payment of the yearly free
rent of six shillings or thereabouts I do hereby give devise and bequeath the same unto my good friends William Brachan of Strickland
Roger gentlemen an Isaac Wilson the younger of Lambrig yeoman their heirs and assigns for the use of the s'd William Brachan &
Isaac Wilson their heirs and assigns upon the trusts and confidences hereinafter mentioned declared and expressed and for no other use intent or
purpose whatsoever that is to say upon trust to sell the same in open sale or otherwise as soon as conveniently may be after my
decease for the best price and most money that can be got and obtained for the same and out of the clear money that shall be raised by
the sale of my said messuage and tenement and parcel of ground aforementioned or out of the profits there of until the same shall be
sold which I hereby appoint to be applied to the same purpose my will and mind is that my debts funeral expenses and the charge
of proving this my will shall first be paid and satisfied and out of the residue of the said money I give and bequeath unto the said William
Brachan and Isaac Wilson five shillings apiece to their own proper use Item I will order the said William Brachan and Isaac
Wilson his or their heirs estate or administrators to put out two hundred pounds part of the purchase money which shall or may be raised by the
sale of my said messuage and tenement and parcel of ground aforementioned or out of the rents and profits of the same before the sale thereof
and to pay over the interest and produce they earn from time to time as the same shall be received unto Agnes my loving wife for and during the
term of her natural life and after her decease my will and mind is that the said two hundred pounds shall be equally divided amongst
my three daughters Bridget Mary and Sarah Sommers But if in case my said wife should marry again or refuse to execute a legall release
or other writing of her thirds or Dower or right and title of Dower out of my messuage and tenement and parcel of grand above devised
and also out of my late freehold messuage and tenement called Agnes Gill in Whinfell which I sold Thomas Atherison and then and upon
such marriage or refusal my will and meaning is and I do hereby declare the same to be that the yearly interest or produce of the
said two hundred pounds to my said wife as aforesaid shall cease and determine and the bequest of the same shall thenceforth be utterly
void And of none effect as if the same had never been made or mentioned to be made anything herein contained to the contrary thereof
in any wise notwithstanding and it is my will and mind that the residue of the said money arising from such sale or other
disposal after the said 2 100 pounds is put out to interest for the use of my wife as aforesaid my will and mind is that the same
shall be equally divided amongst my aforesaid three daughters share and share alike And I further order and appoint my said trustees & their
Respective heirs out of the money that shall come to his there or any of their hands respectively to be by him them or any of them respectively
raised or received out of my estate in the first place to reimburse himself and themselves respectively reasonable pay for their trouble in
Managing this trust and all such costs charges and expenses as he or they or any of them shall sustain or be put to in the execution of this
my will or any of the trust's hereby reposed in him them or any of their for any matter cause or thing relating thereto And my will
desire is that my said trustees and their respective heirs shall not be charged or chargeable with or accountable or responsible for or
liable to make good any loss that shall happen in the management or disposal of my estate or any part thereof he and they respectively
acting bona fide a and according to the best of their discretion Also I nominate constitute and appoint my said wife soul executrix of this my
last will and testament to whom I give all my household goods and personal estate whatsoever and wheresoever the same are all shall be found
And I do hereby revoke disannul and make void all other wells requests and legacies by me at anytime heretofore made bequeathed or
given and to make and declare this only to be my last will and testament in witness whereof I have hereunto set my hand and seal the Fourth day of April in the year of our Lord One Thousand Seven Hundred and Fifty Eight.
Thomas Sommers [seal]
Signed sealed and published by the said Thomas Sommer
in the presence of us who subscribed our names in the
testator's presence and at his Request
"Isaac Wilson being first put in the margin"
Richard His X Mark Thompson
Catarine Hutton
George Dodd
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D Kendale 1861
Sommers Thomas late of
the parish of Kendale dec'd
his will
Interest under £40