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 had no interest in the firm so it was offered as a going concern by the executors with a lease on the works."


Obituary


Robert's obituary is in the Carlisle Journal, 2 March 1917, p4. Denis Perriam's summary of this reads as follows:
"Obituary for Robert Barton (1828-1917): 'born Wigton 1828 10 Dec, son of William whose father lived at Oulton Hall. When Robert only a few months old his father came to Carlisle and started a coach building business in Blackfriars St. For some time lived in house in Crescent now occupied by Dr Kekwick. On failure of Forster's Bank in 1836, Mr Gate the builder and owner of the Crescent was obliged to sell his house adjoining what has since been known as Barton's Yard. Mr Barton took up residence there in 1837. Destined to be home of Robert for nearly 80 years. Went to Croft House. Entered employment of Wilson & Gilkes, celebrated engineers & helped to survey roads in Alston area. He was also engaged with Thomas Bouch[?] in construction SDTR. Almost joined Cowen & Sheldon 1846 but his father died and he carried on family firm subsequently associated with John Croall - housing contracts with mail coaches. With brother Thomas carried on coach business till 1891.'"

Will


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

"This is the last and only Will of me Robert Barton of The Crescent in the City of Carlisle, Gentleman, made the fourteenth day of February one thousand nine hundred and sixteen.

I appoint my nephew Albert Edward Barton of Red Court, Carnforth in the County of Lancaster, my nephew Bertie Bowman Barton, Thomas Slack Strong of the City of Carlisle, Solicitor, and the Reverend John Howie Boyd of Warwick Road in the City of Carlisle, Executors and Trustees of this my Will and I declare that they and the survivor of them and other Trustees or Trustee for the time being of this my Will are and is hereinafter referred to as "my Trustees" and shall be Trustees hereof for the purposes of The Settled Land Acts and for the purposes Section 42 of the Conveyancing and Law of Property Act 1881 and for all other statuatory purposes.

I devise to my Trustees all estates vested in me as Trustee or Mortgagee Subject to the trust and equities affecting the same respectively.

I give and devise All that my estate, hereditaments and premises called Thomas Close situate in the Parishes of Hutton and Skelton in the County of Cumberland unto my Trustees Upon trust for my said nephew Albert Edward Barton during his life and after his death, Upon trust for my great Nephew Robert Barton (the Son of my said Nephew Albert Edward Barton) if he shall be living at my decease. But if my said great nephew shall predecease me then Upon Trust for my said nephew Albert Edward Barton absolutely as from my decease.

I devise my estates, hereditaments and premises situate at Barrackstown and The Mount near the City of Carlisle to my said nephew Bertie Bowman Barton absolutely.




I bequeath to my nephew Bertie Boman Barton, on condition that he allows Jane and Isabella Ferguson or the survivor of them (if they or she shall so desire) to remain in the house N. 1 The Crescent Carlisle for six months after my decease free of rent and rates, the sum of Four thousand pounds.

I bequeath to Gertrude Frances Croft Barton, wife of the said Bertie Bowman Barton, the sum of Five Hundred pounds. 

I bequeath to each of my neices Maud Wingate and Ethel Barton, Daughters of my Late brother Edward Barton the sum of Five thousand pounds.

I bequeath the sum of One thousand pounds to my niece Mary Irving O'Shea absolutely.

I bequeath to my said nephew Albert Edward Barton the sum of Four thousand pounds.

I bequeath to Margaret Barton, the wife of the said Albert Edward Barton, the sum of Five hundred pounds.

I bequeath the sum of Two thousand pounds each to such of the Daughters of my said nephew Albert Edward Barton as shall attain the age of twenty one years.

I bequeath to Isabella Ferguson and Jane Ferguson of N. 1 The Crescent the sum of Two thousand pounds each and so that if either of them shall predecease me her legacy shall go to the survivor of them.

I bequeath to such of my following servants at Barrackstown and The Crescent as shall be in my service at the time of my decease the legacies following, that is to say:

To John Doyle the sum of Thirty five pounds
To William Dalton the Sum of Thirty five pounds
To Andrew Brockie the Sum of Twenty five pounds
To George Graham the Sum of Twenty five pounds
To William Little the Sum of Ten pounds
To Mary Doyle the Sum of Twenty five pounds
To Kate Mundell the Sum of Ten pounds
To Elizabeth Thompson of 56 London Road Carlisle and Fanny McSadam of Thompson Street Carlisle the Sum of Ten pounds each free of duty
To Kate Dalton the Sum of Ten pounds
And to any other Servant who may have been in my employment for twelve months at the time of and immediately preceding my decease, other than those mentioned in this my Will, the sum of Ten pounds.

To the Vicar for the time being of the Parish of Blackford, for the purpose of distributing it at his discretion among the Poor of the Parish of West Linton, the sum of Ten pounds.

To my Solicitor and Friend the said Thomas Slack Strong the sum of One hundred pounds.

To my friend the Reverend John Howie Boyd the sum of One hundred pounds.

To the Treasurer for the time being of the Cumberland Infirmary at Carlisle for the purposes of that Institution the legacy of Two thousand pounds.
To the Treasurer for the time being of the Carlisle Dispensary for the purposes of that Institution the legacy or sum of Two hundred pounds.
To the Treasurer for the time being of The Carlisle District Nursing Associaton for the purposes of that Association the legacy or sum of Two hundred pounds.
To the Treasurer for the time being of the Home for Incurables, Wigton Road, Carlisle for the purposes of that Institution the legacy or sum of Two hundred pounds.
To the Treasurer for the time being of the St. Marys Home, Coalfell Hill, Carlisle for the purposes of that Institution the legacy or sum of Two hundred pounds.
To the Treasurer for the time being of the Blind Asylum for the purposes of that Institution the sum of One hundred pounds.
To the Treasurer for the time being of the Carlisle Day Nursery for the purposes of that Institution the sum of One hundred pounds.
To the Treasurer for the time being of the Convalescent Institution at Silloth in the County of Cumberland for the purposes Institution (sic) the legacy or sum of Two hundred pounds.

And I direct that my grey harness horse at Carlisle shall be put down and buried at Barrackstown and also that the dogs at the Crescent be given to Jane and Isabella Ferguson.

And I bequeath my three pictures "the Monument Chest" by Nutter, "Old Carlisle" painted by Carlisle in 1804, and the large picture of Borrowdale to the Corporation of the City of Carlisle for their museum at Tullie House. [The latter picture is mentioned in Robert's interview with Henry Penfold; he was friends with the artist Sam Bough. It is still held by the Tullie House museum.]

I give to my Nephew the said Bertie Bowman Barton the family pictures, the old oak furniture, and everything else in the entrance hall in the Crescent.

I give to my niece Maud Wingate the two plated candlabra on the sideboard, the silver cup I won for a fat heifer, the plated spirit stand, the screen with pheasants worked on by my sister, the portrait of My mother now at Barrackstown and any other two pictures (except those hereby otherwise bequeathed) which she may select.

I bequeath to my said nephew Albert Edward Barton the chest of drawers and secretaire which belonged to my late Grandfather standing in my late sister's bedroom, the old oak clock at Barrackstown, the presentation silver inkstand which belonged to my late cousin William Armstrong with stag on top, the portrait of my Mother in the back parlor and any two other pictures (except those hereby otherwise bequeathed) which he may select.

I give to my Niece Ethel Barton the old fashioned chest of drawers in my late Sister's bedroom, my old oval mirror in the front parlor, the miniature portraits of my Mother and Grandmother hanging on each side of the chimney piece in the front parlor, the presentation silver inkstand with candlestick on the top, and any other two pictures (except those hereby otherwide bequeathed) which she may select.

And I direct in the selection of pictures hereinbefore given to my said nephews and nieces the said Maud Wingate shall have the first choice, the said Ethel Barton the second choice, and the said Albert Edward the third choice.

I qive the portrait of my Mother by Scott, hanging below the picture of Borrowdale, and all the residue of the household furniture and household effects in and about my residence at the Crescent afcresaid to the said Jane Ferguson and Isabella Ferguson, but if either of them shall predecease me then to the survivor absolutely.

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 the same into money and with and out of the proceeds thereof to pay my funeral and testamentary expenses and debts and the legacies hereinbefore bequeathed and all death duties in respect of my personal estate and legacies on my decease, and to stand possessed of the residue Upon trust for such of my Nephews and Nieces Albert Edward Barton, Bertie Bowman Barton, Maud Wingate and Ethel Barton as shall be living at my decease and the issue of such of them as may be then dead leaving issue (such issue taking their parents share only) in such shares and proportions that the. share therein of each of my said Nephews Albert Edward Barton and Bertie Bowman Barton or their issue collectively shall be double the share cf each of my said Nieces or their issue collectively.

And I declare that subject as aforesaid if any Devisee or Legatee under this my Will shall die in my lifetime leaving a child or children who shall survive me and attain the age of twenty one years then such last mentioned child or children shall take and if more than one equally between them the legacy or property which his, her or their parent would have taken if he or she had survived me.

And I declare that my Trustees may postpone the sale, calling in and conversion of any part of my estate for so long as they shall think fit and that the rents, profits and income to accrue from and after my decease of and from such part of my estate shall for the time being remain unsold and unconverted shall, after payment thereof of all incidental expenses and outgoings, be paid and applied to the person or persons in the manner to whom and in which the income of the proceeds of 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.

And I authorize my Trustees to invest any money liable to investment under the trust of this my Will in or upon the Stocks, Funds, or Government securities of the United Kingdom or any Colony or Dependency thereof or in or upon freehold, copyhold, customary or leasehold securities in Great Britain or in or upon the Stocks, Shares, Mortgages, Debentures or securities of any Corporation, Company or Public Body, Municipal, Commercial or otherwise in the United Kingdom or in the purchase of real or leasehold estate in England.

And I declare that it shall be lawful for my Trustees to allot and set apart any specific part of my estate for the time being remaining unsold (not consisting of money) to be taken by any Beneficiary under the my Will in satisfaction or part satisfaction of any legacy or of his or her share in the said Residuary Trust Fund. And for the purposes aforesaid the value of such property as fixed by my Trustees shall be deemed to be final and conclusive.

And I authorize my Trustees to determine what articles pass under specific bequest of this my Will or any Codicil thereto and their decision shall be final.

And I declare that my Trustees shall with respect to any of the real Estate for the time unsold or subject for the time being to the trusts of this my Will have full power to affect any improvements authorized by The Settled Land Acts, 1882 to 1890, or any amendment thereof, without any Scheme having been approved or orders of the Court obtained and so that my Trustees shall not be liable in respect of the application of capital moneys in and towards payment for any authorized improvement, so long as such improvement is in the opinion of my Trustees for the Permanent benefit of the Real Estate and any such improvement shall be deemed to be authorized accordingly and my Trustees may, if necessary, raise any moneys required for the purposes aforesaid on the security of Real Estate. And I declare that my Trustees may raise any part, of the share of the Devisee or Legatee under this my Will and apply the same for his or her advancement, preferment or benefit in such manner as my Trustees shall deem expedient so that the consent of the owner of any prior life estate therein shall be obtained thereto.

And I also declare that my Trustees may, instead of acting personally, employ and pay a Solicitor or other person to transact any business or do any act required to be done in connection with the administration of my Estate or the Trust hereby declared including the receipt and payment of money and that any Executor or Trustee, being a Solicitor or other person engaged in any profession or business, may be so employed and shall be entitled to charge and be paid all professional or other charges for business or for any act done by his firm in connection with the trust of this my Will including any act which an Executor or Trustee, not being a Solicitor or other person engaged as aforesaid could have done personally.

And I also declare that in the professed execution of the trusts of this my Will my Trustees shall not be liable for any loss to my estate or to any Trust Fund arising by reason of any improper investment made in good faith or the negligence or fraud cf any Agent employed by them or any of them although the employment of such agent was not strictly necessary or expedient or by reason of any mistake or omission made in good faith by my Trustees or any of them or by reason of any matter or thing except wilful and individual fraud or wrong doing on the part of the Trustee who is sought to be made liable.

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

ROBERT BARTON

Signed by the said testator Robert Barton as and for his last and only Will in the presence of us both then present together at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses, the word "equal" on the thirty third line of the third page hereof having been first struck out and the word "such" interlined in lieu thereof and the word "under" on the last line of the said third page having also been first struck out and the word "Strong" on the seventh line of the first page hereof having been first interlined.

Joseph H. Wilson Solicitor with Messrs. Wright Brown & Strong Carlisle
D. Raffel Clerk with Wright Brown & Strong Solos. Carlisle 

--

This is a Codicil to the Will of me Robert Barton of The Crescent, in the City of Carlisle, Gentlemen, which Will bears date the fourteenth day of February one thousand nine hundred and sixteen.

I revoke the appointment of my Nephew Albert Edward Barton as a Trustee and Executor of my Will and I revoke all the devises and bequests of real and personal estate, legacy and share of residue by my said Will made in favor of my said Nephew Albert Edward Barton and I give devise and bequeath all the real and personal estate, legacy and share of residue which, but for this Codicil, would have been taken by my said Nephew (if he had survived me) unto my Trustees Upon Trust to pay the net income thereof to Margaret Barton, the wife of the said Albert Edward Barton, during her life. And after her decease, I direct my Trustees to stand possessed thereof Upon trust for all the children of the said Albert Edward Barton by his said wife Margaret Barton in equal shares and proportions

And whereas my Nephew Bertie Bowman Barton is now in France on Military Service, now I declare that if the said Bertie Bowman Barton shall predecease me all the devises and bequests of real and personal estate, legacy and share of residue by my said Will made in his favor shall not lapse but shall operate, go and devolve in the same manner as if he had survived me and died immediately after my death.

And I give to my medical Attendant Dr. George Murphy a legacy of One hundred pounds.

And in all other respects I confirm my said Will.

In witness whereof I have hereunto set my hand this twentieth day of October one thousand nine hundred and sixteen

ROBERT BARTON

Signed by the said Testator Robert Barton as a Codicil to his said Will in the presence of us both then present together at the same time who at his request in his presence and in the presence of each ether have hereunto subscribed our names as witnesses

Joseph H. Wilson Solicitor with Messrs. Wright Brown & Strong Carlisle
Wm Nixon Clerk with Messrs. Wright Brown & Strong Carlisle

On the eleventh day of May 1917 Probate of this Will with one Codicil was granted at Carlisle to Thomas Slack Strong, one of the executors."


Sadly Bertie Bowman Barton, the main beneficiary of this will, died in service only months later, on 30 November 1917, and probably never claimed any of his inheritance. Presumably his wife Gertrude inherited the lot. His death is mentioned in the Carlisle Journal, 4 March 1919, p2 , where it says that his estate was valued at £19,698.