Son of William Barton (1785-1846) and Mary Irving (1804-1890)
Married, on 11 May 1865, Mary Anne Carter (1831-1911).
Died 16 October 1913.

I'm indebted to Richard Hargreaves, a descendant of William, for sharing his information on this branch with me.

The date of his death is given in the wills of his daughters Mabel and Ethel.

Children

With Mary Anne Carter (1831-1911):

Will

The following transcript was found in the *ABH research notes:

"This is the last Will and Testament of me Edward Barton of Warton Grange in the County of Lancaster, Esquire.

1. I revoke all Wills and testamentary instruments heretofore made by me.

2. I appoint my son Albert Edward and my friends William Johnson Galloway of 36 Portland Square, London W., Esquire, Allen Sewart of Lancaster aforesaid, Solicitor, and John Robert Hall of Carnforth in the said County of Lancaster (hereinafter called "my trustees") to be the Executors and Trustees of this my Will and also trustees of this my Will for the purposes of the Settled Land Acts, 1882 to 1890.

3. I give to my two unmarried daughters Mabel and Ethel and the survivor of them the right, for their own personal convenience and pleasure, to use, occupy and enjoy my residence called Warton Grange aforesaid with the outbuildings, pleasure grounds, gardens, and appurtenances adjoining and belonging thereto (but not including my Farm) also my plate, linen, china, glass, books, pictures, prints, furniture, and other household effects, and my carriages and horses, garden, stable, and other outside effects in or about or belonging to my said residence (but not including farming effects) for a period of not exceeding two years from the date of my death rent free and from and after the expiration of such period of two years or the death of the survivor of my said two daughters or they or she ceasing to reside at Warton Grange aforesaid, whichever shall first happen, the said residence and appurtenances shall fall into and form part of my residuary estate and the said furniture, chattels and effects shall go and be disposed of as next hereinafter provided.

4. Subject to the foregoing, I give all my plate, linen, china, glass, books, pictures, prints, furniture and other household effects (except as hereinafter disposed of) and all my carriages and horses, garden, stable, and other outside effects in, about, or belonging to my said residence (excluding farm effects) to my four daughters Mary Irving, Maud, Mabel and Ethel, or such of them as shall survive me and, if more than one, in equal shares. And it is my wish and expectation that they will divide the said
articles mutually among themselves without friction or misunderstanding.

5. I bequeath to my said son Albert Edward free of duty my portrait presented to me by the shareholders of the Carnforth Hematite Iron Company, Limited.

6. I bequeath to such of my said daughters Mary Irving, Maud, Mabel and Ethel as shall be living at my death the legacy of Five thousand pounds each free of duty.

7. I bequeath to the said John Robert Hall the legacy of Two hundred and fifty pounds free of duty.

8. I bequeath to my faithful servant Elizabeth Atkinson, provided she shall be in my service at the time of my death, an annuity of Thirty pounds free of duty during her life to commence from the date of my death and to be provided for and paid in such manner as my trustees shall think best.

9. I devise and bequeath all my real and personal estate not hereby otherwise disposed of unto my trustees Upon trust that my trustees shall (subject to the directions hereinafter contained with respect to Barracks Town Estate and Warton Grange Estate hereinafter referred to and with respect to any business or businesses carried on by me at my death) sell, call in, and convert into money the same, or such part thereof as shall not consist of money, and shall with and out of the monies produced by such sale, calling in, and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my Will or any Codicil hereto and the duty on such of the legacies as are or may be bequeathed free of duty and shall, at the discretion of my trustees, invest the residue of the said monies with power for my trustees from time to time at such discretion as aforesaid to vary such investments, And shall stand possessed of the said residuary trust monies and the investments for the time being representing the same (hereinafter called "the residuary trust funds") In trust to divide the residuary trust funds into five equal shares and to appropriate and set apart one of the said shares for each of my children, namely, my said son Albert Edward and my said daughters Mary Irving, Maud, Mabel and Ethel.

10. And I declare that my Trustees shall stand possessed of each of the said shares hereinbefore directed to be appropriated for my said children respectively Upon trust that my trustees shall at their discretion to vary the investments thereof with power at their discretion to vary the investments thereof from time to time. And shall stand possessed of each such share and the investments thereof Upon the trusts following (that is to say) In trust to pay the income thereof to the child for whom the same shall have been appropriated as aforesaid during his or her life and so that if and while any child being a daughter of mine shall be under coverture the same shall be for her sole and separate use without any power for her to dispose thereof in the way of anticipation but with power of each of my said three daughters Maud, Mabel and Ethel for her to appoint by deed or will that the whole or any part of the said income shall be paid to any husband of her who may survive her during his life or for any less period. And from and after the death of the child for whom the same shall have been appropriated and subject, in the case of the shares of my said daughters Maud, Mabel and Ethel, to any appointment which may be made to any husband of her as aforesaid In trust for such child, children or remoter issue of my same child in such shares (if more than one) and in such manner as he or she shall by deed or will appoint. And in default of such appointment and so far as any such appointment shall not extend In trust for all the Children of my same child who being sons shall attain the age of twenty one years or being daughters shall attain that age or marry in equal shares and if there shall be only one such child the whole to be in trust for that one. But so that no child who or any of whose issue shall take any share under such appointment shall take any share of the unappointed part of the same share of the residuary trust funds without bringing the share or shares appointed to him or to her or to his or her issue into hotchpot and accounting for the same accordingly unless the child making such appointment shall thereby direct the contrary. And in case there shall be no issue of my same child in whom the same share of the residuary trust funds or the investments representing the same shall become absolutely vested under the trust aforesaid. In trust for such brother or sister or sisters of my same child or any of their issue in such shares (if more than one) and in such manner as my same child shall by deed or will appoint. And in default of such last mentioned appointment and so far as any such appointment shall not extend then and in such case as well the original as the accruing share or shares of such child shall accrue to my other children in respect of whom, a share or shares of the residuary trust funds shall have been appropriated as aforesaid in equal shares and the share or shares which shall so accrue as last mentioned shall be held and applied upon the trust and with and subject to the powers, provisions, and declarations herein declared and contained of and concerning the original share of the child to whom the same shall accrue or as near thereof as circumstances will admit.

11. And I hereby direct that, notwithstanding the trust hereinbefore contained, my trustees shall pay to Leslie Barton Prest, the son of my daughter Mary Irving, during the life of my said daughter Mary Irving (if the said Leslie Barton Prest shall so long live) the annual sum of One hundred pounds free of duty (this being the allowance which I am at present making to him) such annual allowance to be paid out of the income of the share of my said daughter Mary Irving by equal half yearly payments and to commence from the date of my death.

12. And I declare that my trustees may at their discretion raise any part or parts not exceeding together one moiety of the vested or presumptive share of any grandchild of mine under this my Will and apply the same for his or her advancement, preferment or benefit as my trustees shall think fit but so that no such moneys shall be raised applied as aforesaid during the existence of any prior interest or interests therein without the consent in writing of any person or persons having such prior interest or interests.

13. And I also declare that unless I shall hereafter by any Codicil direct the contrary no child or grandchild of mine shall be required to account for any gift or provision made by me to or for such child or grandchild in my lifetime nor shall the share of any child or grandchild of mine under this my Will be reduced or affected by reason of any such gift or provision.

14. And I also declare that, notwithstanding the trust for sale and conversion hereinbefore contained, it shall be lawful for my trustees to postpone for such period as to them shall seem expedient the sale and conversion of any part of my real and personal estate and that the rents, profits, and income to accrue from and after my death of and from such part of my estate as shall for the time being remain unsold and unconverted (including the profits of any business while carried on by my trustees) shall after payment thereout of all incidental expenses and outgoings be paid and applied to the person or persons and in the manner to whom and in which the income of the proceeds cf such sale and conversion would for the time being be payable or applicable under this my Will if such sale and conversion had been actually made but I declare that from the time of my death the unsold real estate shall be transmissable as personal estate and be considered as converted in equity.

15. I empower my trustees to carry on any business or businesses in which I may be engaged at my death during such period as they shall think fit and for that purpose to retain and employ therein the capital which shall at my death be employed therein and such additional capital as they shall think fit to advance from time to time out of my residuary estate with power to employ at such salary as they shall think fit managers, agents and clerks and generally to act in all matters relating to the said business or businesses a)s if they were beneficially entitled thereto. And also with power to delegate all or any of the powers vested in them in relation to the said business or businesses to any person or persons whom they may think fit. And my trustees shall be free from all responsibility and be fully indemnified out of my estate in respect of any loss arising in relation to the said business or businesses.

16. And I empower my Trustees to demise and let any unsold real estate from year to year or for any term not exceeding fourteen years in possession at the best rent or at their option to take possession thereof and manage ana improve the same for that purpose to employ agents, bailiffs and servants and expend a competent part of the trust estate.

17. And I also empower my Trustees in their absolute discretion to continue for such period as they may think advisable any investment which may compose part of my personal estate at my death, whether consisting of shares in any joint stock or limited liabilty company or any other investment whatsoever real or personal and, notwithstanding that the same may not be an investment authorized by this my Will. And I desire but not so as in any way to hamper the discretion of my Trustees that my Trustees shall as long as they can conveniently do so retain and keep my estate in the state of investment in which it shall be at my death.

18. And I also declare that all moneys liable to be invested under this my Will may be invested in or upon any stocks, funds or securities for the time being authorized by law for the investment of trust funds or in or upon the bonds, debentures or debenture stock or the guaranteed or preference stock or shares of any RaiIway, Canal, Dock, Harbor, Gas, Electric Lighting or power or water company which shall have paid dividends upon its ordinary capital at the rate of three per centum per annum for at least five years prior to the time of investment or in or upon the stocks, bonds, debentures or securities of any Municipality, County or District Council, Public Body, or Local Authority in the United Kingdom.

19. And I also declare that it shall be lawful for my trustees from time to time to arrange with any one or more of my children for whom a share or shares in the residuary trust funds is or are to be appropriated as aforesaid (including my said son Albert Edward notwithstanding his being a trustee of this my Will) or the child or children of any deceased child of mine entitled to a share or shares in the residuary trust funds but as regards any specific part of my property for the time being remaining unsold or not consisting of money the same, instead of being sold and converted into money, shall be appropriated for or taken by such chiId or children or grandchild or grandchildren in satisfaction or part satisfaction of the share or respective shares in the residuary trust funds of the person or persons for or by whom the same is appropriated or taken and for this purpose the property to be so taken shall be deemed to be of such value as shall be agreed on between my trustees and such person or persons, except that in the case of any property appropriated for my son Albert Edward the same shall be taken to be of such value as shall be agreed on between my trustees (excluding my said son Albert Edward) on the one hand and my said son Albert Edward on the other hand.

20. And I declare that it is my desire that my Warton Grange Estate (including in such expression my residence known as Warton Grange aforesaid with the outbuildings, pleasure grounds, gardens, and appurtenances belonging thereto as well as my farm) situate at Warton aforesaid may be retained in the family (but not necessarily in one hand) and for that purpose that advantage may be taken of clause 19 next hereinbefore contained, though I do not wish to hamper the discretion of my trustees in regard to it.

21. Whereas I expect either to receive from my brother Robert Barton the Family Estate known as Barracks Town Estate in the Parish of West Linton in the County of Cumberland or that the said Estate, if I shall predecease my said brother will be so left by him that it will become part of my estate to pass under my Will. Now I hereby direct that, in the event of the said Barracks Town Estate being my property at the time of my death or falling into my estate after my death, then the same shall be held by my trustees upon the trust and with and subject to the powers and provisions hereinafter declared and contained of and concerning my real estate but subject nevertheless to the following further provisions, that is to say, Provided always and I direct that my trustees shall offer the said Barracks Town Estate at the price of Five thousand pounds first to my son Albert Edward if living and, notwithstanding that he is a trustee of this my Will, and, if he decline the offer to each of my other children in turn according to seniority until one shall accept the offer or all shall decline it. And that I declare that each child of mine to whom such offer is made shall be allowed three calendar months in which to accept or decline the offer and, if not accepted within that time, it shall be deemed to have been declined. And I also declare that no purchaser of the said estate under the trust for sale hereinbefore declared shall be bound or concerned to see or inquire whether any such offer has been made, accepted or declined as aforesaid or be affected by notice that no such offer has been made or that any such offer has or has not been accepted or declined. And I also declare that if any child of mine shall accept the offer aforesaid such child may either purchase and pay for the said Barracks Town Estate on his or her own account and so that the same shall after such purchase belong to such child absolutely or may elect by notice in writing to my trustees to that effect that the said Estate shall be appropriated as part of the share of such child of this my Will or shall be taken to and paid for out of the said share. And I declare that I have made the foregoing provision from a desire that the said Barracks Town Estate may be retained in the family but I do not wish to hamper the discretion of my trustees in regard to it.

22. And I also declare that if any child of mine shall take my said Warton Grange Estate or the said Barracks Town Estate or any part or parts thereof respectively as part of his or her share under this my Will the same shall be held by my trustees Upon trust that my trustees shall with the consent in writing of my child to whose share it belongs during his or her life and after his or her death at the discretion of my trustees sell the same estate and shall be possessed of the monies to arise from such sale after paying thereout the expenses attending such sale Upon the trust and with and subject to the powers and provisions hereinbefore declared and contained concerning the trust funds represented by the same estate or such of them as shall be then subsisting and capable of taking effect. And shall in the meantime and until the sale of the same estate with such consent and such discretion as aforesaid either permit my same child to use, occupy and enjoy the same estate or shall let or demise the same or any part thereof, either from year to year or for any term of years, at such rent and subject to such covenants and conditions as my trustees shall think fit, with power to accept surrenders of leases and tenancies, to cut timber, to expend money in repairs and improvements, and generally to manage the property according to their absolute discretion and shall pay and apply the rents and profits of the same estate to the person or persons and in the manner to whom and in which the income of the trust funds represented by the same estate would for the time being be payable or applicable.

23. And I also declare that it shall be lawful for my said son Albert Edward to purchase any part of my property, any rule of law or equity on account of his being a trustee of this my Will to the contrary notwithstanding, and that my trustees may sell any such property to my said son Albert Edward at such price as may be agreed upon between my trustees (excluding my said son Albert Edward) on the one hand and my said son Albert Edward on the other hand.

24. And I also declare that my Trustees shall be chargeable with only such moneys as they respectively shall actually receive and shall not be answerable one for the other of them nor for any banker, broker, or other person in whose hands any of the trust moneys shall be placed nor for the insufficiency or deficiency of any stocks, funds, shares, or securities nor otherwise for involuntary losses. And my trustees may reimburse themselves respectively out of moneys which come to their respective hands under the trust aforesaid, all expenses to be incurred in or about the execution of the trust aforesaid.

25. Provided always and it is my will that the number of trustees of this my Will shall at all times be kept up to not less than four and that, in the event of the number becoming at any time by death or otherwise reduced below that number, the vacancy or vacancies shall, as soon as circumstances will conveniently admit, be filled up in consultation with my daughters for the time being living so as to restore that number and so that any new trustee or trustees shall be agreeable to my daughters for the time being living but nevertheless any acts or proceedings of the trustee or trustees for the time being in the interval before the filling up of such vacancy or vacancies shall not be invalidated by reason of the same not having been done.

26. And I also declare that the executors and trustees for the time being of this my Will may, instead of acting personally, employ and pay a Solicitor or other person to transact any business or do any act of whatever nature required to be done in connection with the administration of my estate or the trusts hereby declared including the receipt and payment of money and that any Executor or Trustee hereunder being a Solicitor or other person engaged in any profession or business may be so employed or may so act and shall be entitled to charge and be paid for all work done and time expended by him or his firm in relation to the executorship or trust including any act which an executor or trustee not being a Solicitor or other person engaged as aforesaid could have done personally.

In Witness wherof I have hereunto set my hand this Twentieth day of January One thousand nine hundred and twelve.

EDWARD BARTON
Signed by the said testator Edward Barton as and for his last Will and Testament in the presence of us both present at the same time who at his request in his sight
and presence and in he presence of each other have hereunto subscribed our names as attesting witnesses.

Percy Ireland }
Charles Lund } Clerks to Hall Marshall and Sewart, Solicitors, Lancaster

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This is a Codicil to the last Will and Testament of me EDWARD BARTON of Warton Grange in the County of Lancaster, Esquire which Will bears date the Twentieth day of January One Thousand nine hundred and twelve.

1. I give to such of my three Grand-daughters Mary, Peggy (or Margaret) and Bessie, children of my son Albert Edward, as shall survive me and attain the age of twenty one years or marry under that age a legacy of One thousand pounds each free of duty.

2. And in all other respects I confirm my initial Will.

In Witness whereof I have hereunto set my hand this Twenty six day of October One thousand nine hundred and twelve.

EDWARD BARTON

Signed by the said Testator Edward Barton as and for a Codicil to his last Will and Testament in the presence of us both present at the same time who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting witnesses.

Thomas Watson}
Henry C. Lund} Clerks to Hall Marshall and Sewart, Solicitors, Lancaster

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This is a second Codicil to the last Will and Testament of me EDWARD BARTON of Warton Grange in the County of Lancaster, Esquire which Will bears date Twentieth day of January One thousand nine hundred and twelve.

1. I give to my cook Jane Parker, if she shall be in my service at the time of my death, an annuity of Thirty pounds free of duty to commence from the date of my death and to continue during her life and to be provided for and paid in such manner as my Trustees shall think best.

2. I give to my nurse Annie Louisa Starnes, if she continues with me up to the time of my death, the legacy of Five hundred pounds free of duty.

3. And in all other respects I confirm my Will and the first Codicil thereto dated the Twenty six day of October One thousand nine hundred and twelve.

In Witness whereof I have hereunto set my hand this Fifth day of October One thousand nine hundred and thirteen.

EDWARD BARTON

Signed by the said Testator Edward Barton as and for a second Codicil to his last Will and Testament in the presence of us both present at the same time who at his request in his sight and presence and in the presence of each other have hereunto subscribed our names as attesting witnesses.

Thomas Rainford Town End, Warton, Carnforth, Coachman
David Kinnaird Town End, Warton, Carnforth, Gardener

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On the 28th November 1913 Probate of this Will with 2 Codicils thereto was granted at Lancaster to Albert Edward Barton, William Johnson Galloway, Esquire, Allen Sewart and John Robert Hall, the Executors"