Denis Perriam records that: "When Mary Barton died in 1890 she bequeathed to her daughter Elizabeth “her house in the Crescent and warehouse adjoining” and to her son Thomas the premises behind “where-in the business of Barton and Sons is now carried on,” reported the Journal. But Thomas Barton, the coach builder, did not outlive his mother long because his will was published in the Journal in April 1893. His brother Robert Barton (1828-1917) had no interest in the firm so it was offered as a going concern by the executors with a lease on the works."


Will


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

"This is the last Will and Testament of me, ELIZABETH BARTON of the Crescent in the City of Carlisle, Spinster, made this first day of June one thousand nine hundred and five.

I appoint Thomas Slack Strong of the City of Carlisle, gentleman, my nephew Albert Edward Barton of Red Court, Carnforth in the County of Lancaster, and my nephew Bertie Bowman Barton of the said city of Carlisle, to be Executors and Trustees hereof. And I declare that they and the survivor of them and other the person or persons for the time being the Trustee or Trustees of this my Will (hereinafter called my Trustees) shall be Trustees hereof for the purposes of Section 42 of the Conveyancing and Law of Property Act, 1881; And for the purposes of the Settled Lands Act (1882 to 1890).

I give and bequeath all my plate, linen, china, glass, books, pictures, prints, furniture, and household effects unto my dear brother Robert Barton (1828-1917) absolutely.

I give and devise my dwellinghouse and hereditaments situate at the Crescent aforesaid together with the Greenhouse, Warehouse, and appurtenances belonging thereto unto my Trustees Upon trust for my said brother Robert during his life without impeachment of waste and from and after his death Upon trust to my two nephews Henry Barton and Bertie Bowman Barton in equal shares as tenants in common.

I give and devise my estate situate near Wigton in the County of Cumberland known as Middle Moor House unto my Trustees Upon trust for my said nephew Bertie Bowman Barton during his life without impeachment of waste and from and after his decease Upon trust for the first son of the said Bertie Bowman Barton who shall obtain the age of twenty one years absolutely. And it is my desire that the oldest son of the said Bertie Bowman Barton shall be named Robert but if there shall be no sons of my said nephew Bertie Bowman Barton who shall attain the age of twenty one years then Upon trust for the first daughter of the said Bertie Bowman Barton who shall attain the age of twenty one years absolutely. And if there shall be no child of the said Bertie Bowman Barton who shall attain the age of twenty one years then my Trustees shall stand possessed of the said estate Upon trust for my said nephew Henry Barton during his life without impeachment of waste and from and after his death then Upon trust for the first son of the said Henry Barton who shall attain the age of twenty one years absolutely, but if there shall be no son of the said Henry Barton who shall attain the age of twenty one years then Upon trust for the first daughter of the said Henry Barton who shall attain the age of twenty one years absolutely. 




I give and bequeath the following legacies free of duty:

To my nephew the said Albert Edward Barton the sum of one thousand pounds.

To my nephew the said Henry Barton the sum of one thousand five hundred pounds.

To my niece Mary Irving Prest the sum of two hundred and fifty pounds.

To my grand nephew Leslie Barton Prest, son of my said niece, Mary Irving Prest, the sum of two hundred and fifty pounds, but so that if the said Leslie Barton Prest shall die under the age of twenty one years the said last mentioned legacy of two hundred and fifty pounds shall be paid to the said Mary Irving Prest.

To my niece Maud Wingate Saul the sum of five hundred pounds.

To my niece Mabel Barton of Warton Grange, Carnforth the sum of five hundred pounds.

To my niece Ethel Barton of Warton Grange aforesaid the sum of five hundred pounds.

And I declare that if any of the above named legatees shall die in my lifetime leaving issue then and in every such case I give the legacy which the person so dying would have taken if he or she had survived Unto my trustees In trust for his or her children or child who being sons attain the age of twenty one years or being daughters attain that age or marry under that age, in equal share and if there shall be only one such child the whole to go to that one chiId.

I give and bequeath the following legacies free of duty:-

To my two servants Isabella Ferguson and Jane Ferguson in equal shares and proportions the sum of six hundred pounds.

To Robina Ferguson, sister of the said Isabella and Jane Ferguson the sum of ten pounds.

To Richard Brown, gardener at Barrackstown, the sum of ten pounds.

I direct my Trustees as soon as may be after my death to place in St. Cuthbert's Church, Carlisle, a substantial brass or suitable memorial in rememberance of my late Father and Mother and myself and my brothers.

I give devise and bequeath all the residue of my real and personal estate whatsoever and wheresoever unto my Trustees Upon trust to sell, call in, and convert into money the same or such parts thereof as shall not consist of money and with and out of the proceeds arising from 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 and all duties in respect thereof and the expenses incurred in connection with the purchase, completion and erection of the said memorial or in any wise in respect thereof and to stand possessed of the residue thereof such moneys Upon trust for my nephews the said Albert Edward Barton of Carnforth and Henry Barton of Carlisle in equal shares and proportions absolutely.

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 devisee under this my Will and apply the same for his or her advancement, preferment or benefit as my Trustees shall think fit but that no such money shall be raised and applied as aforesaid during the existence of any prior interest or interests therein under this my Will without the consent of the person or persons having such prior interest.

And I declare that the said Thomas Slack Strong and any future Trustee of my Will who may be a Solicitor may be entitled to charge my estate for business done by him in relation to my estate cr the trusts of this my Will in the same manner as he would have been entitled to charge my Trustees for the same if he had not been himself an Executor or Trustee but had been employed by my Trustees to do such business as their Solicitor.

In witness whereof I have to this and the two preceding sheets of paper set my hand the day and year first before written

ELIZABETH BARTON

Signed by the said Testatrix Elizabeth Barton as and for her last Will and Testament in the presence of us both, then present together at the same time, who at her request in her presence and in the presence of each other have hereunto subscribed our names as Witnesses - The word "grandson" on the tenth line of the second page hereof having been first struck out and the word "grandnephew" interlined.

Wm. Nixon
T. M. Bryan Clerks with Messrs. Wright Brown & Strong Solicitors Carlisle

--

This is a Codicil to the last and only Will of me Elizabeth Barton of the Crescent in the City of Carlisle, Spinster, made this fifteenth day of February one thousand nine hundred and nine. Whereas by my said Will I have devised my estate situate near Wigton in the County of Cumberland known as Middle Moor House Unto my trustees Upon trust for the benefit of my nephew Bertie Bowman Barton and his issue and failing such issue Upon trust for the benefit of my nephew Henry Barton and his issue in manner therein mentioned. I hereby declare that if there shall be no child of either the said Bertie Bowman Barton or Henry Barton who shall attain a vested interest in the said estate under my said Will my Trustees shall stand possessed of my said estate called Middle Moor House aforesaid with the appurtanences (subject to the trust by my said Will declared concerning the same as aforesaid) Upon trust to my nephew Albert Edward Barton absolutely. And in all other respects I confirm my said Will. In Witness whereof I have hereunto set my hand the day and year first before written.

ELIZABETH BARTON

Signed by the said Testatrix Elizabeth Barton as and for a Codicil to her last and only Will in the presence of us, both then present together at the same time, who at her request in her presence and in the presence of each other have hereunto subscribed our names as Witnesses.

T. S. Strong Solicitor Carlisle
S. F. W. Robinson Articled Clerk with Messrs. Wright, Brown & Strong Carlisle

On the 12th day of July 1909 Probate of this Will with one Codicial was granted at Carlisle tc Thomas Slack Strong, Albert Edward Barton and Bertie Bowman Barton The Executors"