Papers and pedigrees mainly relating to Cumberland and Westmorland (1892), by William Jackson (online here).



pp130-143


The Will and Codicil of Isabella Miller of Highhead Castle 13th Augt. 1737

In the name of God Amen. I Isabella Miller of Highhead Castle in the County of Cumberland Widow being mindful of my mortality recommending my soul to the hands of my gracious God hoping for salvation through the merits of my Saviour Jesus Christ and my body to be decently interred by my Executrix in the parish church of Newton as near as conveniently may be to my late dearly beloved son Henry Richmond ... Do for the disposing & ordering my worldly estate & concerns make publish and declare this my last Will and Testament And hereby give & devise my manor or lordship capital messuage & Castle of Highhead al's Highett with the rights members and appurtenances thereof in the County of Cumberland and all and every my messuages Demesnes Demesne Lands and other Lands Tenements & Hereditaments in
or belonging to the said manor or lordship of Highhead al's Highett Ivegill & Braithwaite and all other the rents and fines Herriotts Customs & Services of the freehold & Customary Tenants thereof with their and every of their appurtenances and also my Water Com Mill there and my Tythes of Highhead Ivegill and Braithwaite and improvements therewith their and every of their Appurtenances unto my Daughter Susanna Richmond her Heirs and Assigns for ever upon Trust that she the said Susanna my daughter or her Heirs shall and do as soon as conveniently may be after my decease assess or cause to be assessed the General Fine which thereupon will become due & proceed to the speedy obtaining and recovery thereof And I will & direct that the money thence ariseing & to be raised shall be added to & deemed & taken to be part of my personal estate And upon Trust that it shall & may be lawful to & for the said Susanna Richmond Her Heirs & Assigns to take & receive the rents and profitts of one moiety of the said Capitall messuage & Castle of Highhead al's Highett and of the buildings, orchards & gardens rents residue of the Fines Boons Services Dues & Duties whatsoever Demesne Lands and Mill thereto belonging incident or appertaining & of the said Tithes & Improvements and of all & singular the Premises to her & their own use & benefit during & until such times as my grandson Henry Richmond Brougham shall attain the age of Twenty One years or be married which shall first happen And if he shall happen to Die before that age or marriage then during & until such time as my Grandson John Brougham shall attain the age of Twenty One Years or be married which shall first happen. And upon Trust that the said Susanna my daughter when & so soon as my Grandson Henry Richmond Brougham shall attain the age of Twenty One Years or be married which shall first happen and after the said General Fine shall be had & obtained as aforesaid shall & do grant or convey or otherwise assure the said moiety of the said capital messuage & Castle Buildings Demesne Lands & other the Lands & premises with their Appurtenances unto or to the use of my said Grandson Henry Richmond Brougham for and dureing the term of his natural life without impeachment of waste and from & after determination of that estate to the use and behoof of Andrew Huddleston of Hutton John in the County of Cumberland Esqr. & his Heirs during the natural life of the said Henry Richmond Brougham to support the contingent uses hereinafter from being defeated yet to permit and suffer the said Henry Richmond Brougham to take and receive the rentts Issues & Profitts thereof during his natural life & from and after the decease of the said Henry Richmond Brougham to the use and behoof of his first son lawfully begotten & the Heirs of his Body & for want of such issue to the use & behoof of his second son & the heirs of his Body. And for want of such issue to the use and behoof of the third fourth fifth and every other son of the said Henry Richmond Brougham lawfully begotten successively & the Heirs of their respective Bodies the elder of them & the Heirs of his Body being preferred to take before the younger of them and the Heirs of his Body And for default of such issue for the use & behoof of the Daughter & Daughters of the said Henry Richmond Brougham and the Heirs of Her and Their Bodies as Tenants in Common And for default of such issue that the said Susanna my daughter when and so soon as my said Grandson John Brougham shall attain the age of Twenty One Years or be married which shall first happen and after the said General Fine shall be had & obtained as aforesaid shall and do grant and convey or otherwise assure the sd. moiety unto or to the use and behoof of my said grandson John Brougham for and dureing the Term of his natural life without Impeachment of waste and from and after the determination of that Estate to the use and behoof of the said Andrew Huddleston & his Heirs dureing the life of the said John Brougham yet to permitt & suffer the said John Brougham to take & receive the Rents Issues & Profitts thereof during his natural Life and from and after the decease of the said John Brougham to the use and behoof of his First son lawfully begotten and the Heirs of his Body & for want of such Issue to the use and behoof of his Second son lawfully begotten & the Heirs of his Body and for want of such Issue to the use and behoof of the Third, Fourth, Fifth, and every other son of the said John Brougham lawfully begotten successively and the Heirs of their respective Bodies the elder of them & the Heirs of his Body being preferred to take before the younger of them and Heirs of his Body. And for default of such Issue to the use and behoof of the Daughter and Daughters of the said John Brougham Lawfully begotten and the Heirs of her and their Bodies as Tenants in Common and for default of such Issue to the use and behoof of my said Daughter Susanna Richmond for & during the term of her natural life without Impeachment of Waste and from and after the determination of that estate to the use and behoof of the said Andrew Huddleston and his Heirs dureing the life of the said Susanna Richmond to support the contingent uses herinafter from being defeated Yet to permit and suffer the said Susanna to take and receive the Rents Issues and Profitts dureing her natural Life and from and after the decease of the said Susanna Richmond to the use and behoof of her first son lawfully begotten and the Heirs of his Body & for want of such Issue to the use and behoof of her second son lawfully begotten and the Heirs of his Body and for want of such issue to the use and behoof of the Third Fourth Fifth and every other son of the said Susanna Richmond lawfully begotten successively and the Heirs of their respective Bodies the elder of them & the Heirs of his Body being preferred to take before the younger of them and the Heirs of his Body and for default of such Issue to the use and behoof of the Daughter and Daughters of the said Susanna Richmond lawfully begotten and the Heirs of her and their Bodies as Tenants in Common. And for default of such Issue then as to one fourth part of the said moiety in Four equal parts to be divided to the use & behoof of my Granddaughter Elizabeth Gledhill for and during the term of her natural life and from and after the determination of that estate to the use and behoof of the said Andrew Huddleston during the natural life of the said Elizabeth Gledhill to support the contingent uses hereinafter from being defeated. Yet to permit & suffer the said Elizabeth Gledhill to take & receive the rents & profitts thereof during her natural life. And from & after the decease of the said Elizabeth Gledhill to the use & behoof of her first son lawfully begotten and the Heirs male of his Body and for want of such Issue to the use and behoof of her Second Third Fourth Fifth and every other son lawfully begotten successively and the Heirs male of his and their respective Bodies the elder of them and the Heirs male of his Body being preferred to take before the younger of them and the Heirs male of his Body and for default of such issue to the use and behoof of my own right Heirs exclusive of my daughter Sarah and of all and every the Child & Children of the said Sarah by her Second husband John Barker and their issue so as if they or any of them happen to become my Heir or Coheir then to such other person or persons his her or their Heirs as would then be my Heir at law if my said Daughter Sarah & children by her said second husband were all naturally dead without issue -- And as to another fourth part of the said moiety in four equal parts to be divided to the use & behoof of my grandson George Simpson for & dureing the term of his natural life & from and after the determination of that estate to the use and behoof of the said Andrew Huddleston and his heirs during the natural life of the said George Simpson to support the contingent uses hereinafter from being defeated yet to permit and suffer the said George Simpson to take and receive the rents and profitts thereof dureing his natural life and from and after the decease of the said George Simpson to the use and behoof of his First son lawfully begotten and the Heirs male of his Body and for want of such Issue to the use and behoof of his Second Third Fourth Fifth and every other son lawfully begotten successively and the Heirs male of his and their respective Bodies the elder of them and the Heirs male of his Body being preferred to take before the younger of them and the Heirs male of his Body and for default of such Issue to the use and behoof of my own right Heirs exclusive of my said daughter Sarah and of all and every child or children of the said Sarah and children by her said second husband and their Issue as aforesaid. And as to another fourth part of the said moiety in four equal parts to be divided to the use and behoof of my Grandson Henry Brisco for and dureing the term of his natural life and from and after determination of that estate to the use and behoof of the said Andrew Huddleston and his Heirs dureing the natural life of the said Henry Briscoe to support the contingent uses hereinafter from being defeated yet to permit the said Henry Brisco to take and receive the Rents and Profitts thereof dureing his natural life and from and after the decease of the said Henry Brisco to the use and behoof of his First son lawfully begotten and the Heirs male of his Body and for want of such Issue to the use and behoof of his Second Third Fourth Fifth and every other son lawfully begotten successively and the Heirs male of his and their respective Bodies the elder of them and the Heirs male of his Body being preferred to take before the younger of them and the Heirs male of his Body and for default of such Issue to the use and behoof of my own right Heirs exclusive of my said Daughter Sarah and of all and every child or children of the said Sarah and children by her said second husband and their Issue as aforesaid. And as to the other fourth part of the said moiety in four equal parts to be divided to the use and behoof of my daughter Margaret the wife of William Gale of Whitehaven Gentleman for and during the term of her natural life and from and after the determination of that estate to the use and behoof of the said Andrew Huddleston and his Heirs during the natural life of the said Margaret Gale to support the contingent uses hereinafter from being defeated yet to permitt the said Margaret Gale to take and receive the Rents and Profitts thereof dureing her natural life and from and after the decease of the said Margaret Gale to the use and behoof of her First Son Lawfully begotten and the Heirs male of his Body and for want of such Issue to the use and behoof of her Second Third Fourth Fifth and every other son lawfully begotten successively and the Heirs male of his and their respective Bodies the elder of them and the Heirs male of his Body being preferred to take before the younger of them and the Heirs male of his Body and for default of such Issue to the use and behoof of my own right Heirs exclusive of my said daughter Sarah and of all and every child or children of the said Sarah and children by her said second husband and their Issue as aforesaid. Provided always and the said limitations of the said moiety to the said Henry Richmond Brougham and John Brougham and their respective Issues as aforesaid is upon this express condition that whereas I am indebted by Bond dated on or about the twenty-fifth day of June in the year of our Lord 1732 unto my late son-in-law Peter Brougham Esqr. in the penal sum of Two thousand pounds some other large sum of money conditioned for the payment of the Just Sum of One Thousand Pounds and interest and whereas the said Peter Brougham is since dead intestate without child or children save only the said Henry Richmond Brougham and John Brougham whereby the said principal sum of One Thousand Pounds and Interest is now become due and payable to them the said Henry Richmond Brougham and John Brougham Now my Will and Mind is and I hereby direct and appoint that the said Henry Richmond Brougham when and so soon as he shall attain the age of Twenty One Years or be married which shall first hapen and before the conveying or assuring of the said moiety to the said Henry Richmond Brougham and his issue as aforesaid pay or cause to be paid to the said Susanna Richmond her Executors Administrators or Assigns the full and just sum of Five Hundred Pounds or otherwise repay abate deduct or discount to her her Executors or Administrators all the Interest due or that would have been due upon the said Bond from the Day of the Date thereof until such time as the said Henry Richmond Brougham shall attain the age of Twenty One Years or be married which shall first happen. And that it shall and may be lawful to and for the said Susanna Richmond her heirs and Assigns upon the neglect and refusal of the said Henry Richmond Brougham to pay the said Five Hundred Pounds or repay abate deduct or discount the said Interest money as aforesaid to have hold possess and enjoy the said moiety and every part and parcel thereof and receive and take the Rents Issues and Profitts thereof for and during all and singular the said Limitations to him the said Henry Richmond Brougham and his Issue as aforesaid. And if the said Henry Richmond Brougham shall happen to die before that age or marriage then my Will and Mind is and I hereby order and direct that the said John Brougham when and so soon as he shall attain the age of Twenty One Years or be married which shall first hapen and before the conveying or assuring of the said moiety to the said John Brougham and his Issue as aforesaid pay or cause to be paid to the said Susanna Richmond her Executors Administrators or Assigns the full and just sum of Five Hundred Pounds or otherwise repay abate deduct or discount to her Executors or Administrators all the Interest due or that would have been due upon the said Bond from the Day of the Date thereof until such time as the said John Brougham shall attain the age of Twenty One Years or be married which shall first happen. And that it shall and may be lawful to and for the said Susanna Richmond her Heirs and Assigns upon the neglect and refusal of the said John Brougham to pay the said Five Hundred Pounds or repay abate deduct or discount the said Interest money as aforesaid to have hold possess and enjoy the said moiety and every part and parcel thereof and receive and take the Rents Issues and Profitts thereof for and during all and singular the said limitations to him the said John Brougham and his Issue as aforesaid anything contained herein to the contrary notwithstanding Provided also and I hereby order and direct that the said moiety shall be subject to and charged and chargeable with the payment of the sum of Two Hundred Pounds to my said daughter Margaret Gale to be paid within Two years next after my decease. And I hereby Will and declare that the said Devise to my said Daughter Susanna as to the other moiety of the said Capital Messuage and Castle Buildings Demesne Demesne Lands and other the premises with the appurtenances so devised to her and her Heirs as aforesaid is and shall be in Trust and for the use and benefit of the said Susanna Richmond my Daughter for and during the Term of her Natural Life without Impeachment of Waste and from and after the determination of that estate to the use and behoof of the said Andrew Huddleston and his heirs for and during the natural life of the said Susanna to support the contingent uses hereinafter from being defeated Yett to permitt and suffer the said Susanna to take and receive the Rents Issues and Profitts thereof during her natural life and from and after the decease of the said Susanna to the use and behoof of her first son lawfully begotten and the Heirs of his Body and for want of such issue to the use and behoof of her second son and the Heirs of his Body and for want of such Issue to the use and behoof of the third fourth fifth and every other son of the said Susanna Richmond lawfully begotten successively and the Heirs of their respective Bodies the elder of them and the Heirs of his Body being preferred to take before the younger of them and the Heirs of his Body and for default of such issue for the use and behoof of the daughter and daughters of the said Susanna Richmond lawfully begotten and the heirs of her and their Bodies as Tenants in Common and for default of such issue to the use and behoof of my said Grandson Henry Richmond Brougham for and during the term of his natural life without impeachment of waste and from and after determination of that estate to the use and behoof of the said Andrew Huddleston and his Heirs during the natural life of the said Henry Richmond Brougham to support the contingent uses hereinafter from being defeated Yett to permit and suffer the said Henry Richmond Brougham to take and receive the Rents Issues and Profitts thereof during his Natural life and from and after the decease of the said Henry Richmond Brougham to the use ' and behoof of his first son lawfully begotten and the Heirs of his Body and for want of such Issue to the use and behoof of his second son and the Heirs of his Body and for want of such issue to the use and behoof of the third fourth fifth and every other son of the said Henry Richmond Brougham lawfully begotten successively and the Heirs of their respective Bodies the elder of them and the Heirs of his body being preferred to take before the younger of them and tlie Heirs of his Body. And for default of such issue for the use and behoof of the Daughter and Daughters of the said Henry Richmond Brougham and the Heirs of Her and their Bodies as Tenants in Common. And for default of such issue that the said Susanna my Daughter when and so soon as my said Grandson John Brougham shall attain the age of Twenty One Years or be married which shall first happen and after the said General Fine shall be had and obtained as aforesaid shall and do grant and convey or otherwise assure the said moiety unto or to the use and behoof of my said Grandson John Brougham for and dureing the Term of his Natural Life without impeachment of Waste and from and after the determination of that Estate to the use and Behoof of the said Andrew Huddleston and his Heirs dureing the Life of the said John Brougham yet to permit and suffer the said John Brougham to take and receive the Rents Issues and Profitts thereof dureing his Natural Life and from and after the decease of the said John Brougham to the use and behoof of his First Son lawfully begotten and the Heirs of his Body and for want of such Issue to the use and behoof of his Second Son lawfully begotten and the Heirs of his Body and for want of such Issue to the use and Behoof of the Third Fourth Fifth and every other son of the said John Brougham lawfully begotten successively and the Heirs of their respective Bodies the elder of them and the Heirs of his Body being preferred to take before the younger of them and the Heirs of his Body and for default of such Issue to the use and behoof of the Daughter and Daughters of the said John Brougham lawfully begotten and the Heirs of her and their Bodies as Tenants in Common. And for default of such issue then as to one fourth part of the said last mentioned moiety in Four equal parts to be divided to the use and behoof of my said granddaughter Elizabeth Gledhill for and during the term of her Natural Life and from and after the determination of that estate to the use and behoof of the said Andrew Huddleston and his Heirs during the natural life of the said Elizabeth Gledhill to support the contingent uses hereinafter from being defeated Yet to permit and Suffer the said Elizabeth Gledhill to take and receive the rents and profitts thereof during her natural life. And from and after the decease of the said Elizabeth Gledhill to the use and behoof of her First Son lawfully begotten and the Heirs male of his Body and for want of such Issue to the use and behoof of her Second Third Fourth Fifth and every other son lawfully begotten successively and the Heirs male of his and their respective, Bodies the elder of them and the Heirs male of his Body being preferred to take before the Younger of them and the heirs male of his Body and for default of such issue to the use and behoof of my own right Heirs exclusive of my daughter Sarah and of all and every the Child and Children of the said Sarah by her second husband John Barker and their issue so as if they or any of them happen to become my Heir or Coheir then to such person or persons his her or their Heirs as would then be my Heir-at-law if my said Daughter Sarah and children by her second husband were all naturally dead without issue. And as to another fourth part of the said moiety in four equal parts to be divided to the use and behoof of my Grandson George Simpson for and during the term of his natural life and from and after the determination of that estate to the use and behoof of the said Andrew Huddleston and his Heirs during the Natural life of the said George Simpson to support the contingent uses hereinafter from being defeated yet to permitt and suffer the said George Simpson to take and receive the rents and profitts thereof during his natural life and from and after the decease of the said George Simpson to the use and behoof of his first son lawfully begotten and the Heirs male of his Body and for want of such Issue to the use and behoof of his Second Third Fourth Fifth and every other son lawfully begotten successively and the Heirs male of his and their respective Bodies the elder of them and the Heirs male of his Body being preferred to take before the Younger of them and the Heirs male of his Body and for default of such issue to the use and behoof of my own right heirs exclusive of my daughter Sarah and of all and every the Child and Children of the said Sarah by her second husband John Barker and their issue so as if they or any of them happen to become my heir or Coheir then to such person or persons his her or their Heirs as would then be my Heir-at-law if my said Daughter Sarah and children by her said second husband were all naturally dead without issue. And as to another fourth part of the said moiety in four equal parts to be divided to the use and behoof of my said Grandson Henry Brisco for and dureing the term of his natural life and from and after determination of that estate to the use and behoof of the said Andrew Huddleston and his Heirs during the natural life of the said Henry Brisco to support the contingent uses hereinafter from being defeated Yet to permitt the said Henry Briscoe to take and receive the Rents and profitts thereof dureing his natural life and from and after the decease of the said Henry Brisco to the use and behoof of his First Son lawfully begotten and the Heirs male of his Body and for want of such issue to the use and behoof of his Second Third Fourth Fifth and every other son lawfully begotten successively and the Heirs male of his and their respective Bodies the elder of them and the Heirs male of his Body being preferred to take before the younger of them and the Heirs male of his Body and for default of such issue to the use and behoof of my own right heirs exclusive of my daughter Sarah and of all and every the Child and Children of the said Sarah by her second husband John Barker and their issue so as if they or any of them happen to become my Heir or Coheir then to such person or persons his her or their Heirs as would then be my Heir at law if my said daughter Sarah and Children by her said second husband were all naturally dead without Issue. And as to the remaining fourth part of the said last mentioned moiety in four equal parts to be divided to the use and behoof of my said daughter Margaret Gale for and during the term of her natural life and from and after the determination of that estate to the use and behoof of the said Andrew Huddleston and his Heirs during the natural life of the said Margaret Gale to support the contingent uses hereinafter from being defeated yet to permitt and suffer the said Margaret Gale to take and receive the rents and profitts thereof dureing her natural life and from and after the decease of the said Margaret Gale to the use and behoof of her first son lawfully begotten and the heirs male of his body and for want of such Issue to the use and behoof of her Second Third Fourth Fifth and every other son lawfully begotten successively and the Heirs male of his and their respective Bodies the elder of them and the Heirs male of his Body being preferred to take
before the younger of them and the Heirs male of his Body and for default of such issue to the use and behoof of my own right Heirs exclusive of my daughter Sarah and of all and every the Child and Children of the said Sarah by her second husband John Barker and their issue so as if they or any of them happen to become my Heir or Coheir then to such person or persons his her or their Heirs as would then be my Heir at law if my said Daughter Sarah and children by her said second husband were all naturally dead without issue. And my Will and Mind is and I hereby order and direct that my said daughter Susanna shall and do when and so soon as my said Grandson Henry Richmond Brougham shall attain the age of Twenty One Years or be married which shall first happen and after the said General Fine shall be had and obtained as aforesaid or in case of his death before he attain the said age or marriage when and so soon as my said Grandson John Brougham shall attain the age of Twenty One years or be married which shall first happen and after the said General Fine shall be had and obtained as aforesaid grant and convey or otherwise assure such of the customary tenements within or parcel of the said manor of Highhead al's Highett and the Seniory thereof and the Rents, Fines, Dues, Duties and Services thereof hereafter to become due and payable for the same as now are or late were in the Tenure or possession of the several Customary Tenants named in the second column of the Schedule hereupon endorsed or annexed hereunto and subscribed by me and which I declare to be part of this my Will Unto or to the use of the said Henry Richmond Brougham or in case of his death to the said John Brougham with such remainders over as before in that part is directed as in part of the said moiety of the said premises charged and chargeable with the said sum of Two Hundred Pounds to my said daughter Margaret Gale as before in that behalf is directed. And that the said Susanna shall after the said General Fine shall be had and obtained as aforesaid grant convey or otherwise assure such other of the said customary Tenements of the said Manor and of the Seinory, Rents, Fines, Dues, Duties and Services thereof thereafter to become due and payable for the same as now are or late were in the Tenure or possession of the several other Customary Tenants named in the first column of the said Schedule unto or to the use and behoof of my said daughter Susanna Richmond with such remainders over as before in that behalf concerning the said moiety of the said castle and premises is directed as in part of her said moiety as aforesaid. And my Will and Mind is and I hereby direct and order that the person or persons who shall after my decease be owner or owners possessor or possessors of the said Castle Manor Demesne Lands of Highhead al's Highett shall pay yearly and every year for ever out of the same the sum of Twenty Shillings to such person as shall be Reader and Schoolmaster at Highhead Chapel. Provided always that the Reader and Schoolmaster there shall be nominated and appointed by or with the consent and approbation of the said owner or owners, possessor or possessors and their successors and that the school shall be taught in the parish of Dalston as formerly. And further I give and devise my Manor or Lordship Capital Messuage and Hall of Catterlen in the County of Cumberland and all and every my Messuages Demesne Lands and other Lands Tenements and Hereditaments in or belonging to the said Manor of Catterlen, (save the Messuage and Garden late Atkinson's) And all and every the Antient Rents, Fines, Boons, Dues, Duties and Services of all and every the Tenants thereof. As also the Water Corn Mill at Catterlen with their and every of their appurtenances. And all my Messuages, Lands, Tenements and Hereditaments in the parishes of Newton and Skelton or either of them in the said county of Cumberland. And my yearly free rent of eleven shillings and sixpence payable by the inhabitants of Croswrea for egress and regress over Catterlen moor aforesaid unto my said daughter Susanna Richmond her Heirs and Assigns for ever Upon Trust and to the intent that she and they shall and do as soon as conveniently may be after my decease assess or cause to be assessed the General Fine which will thereupon become due from the customary tenants of the said manor of Catterlen and proceed to the speedy obtaining and recovery thereof. And I Will and direct that the money thence arising and to be raised shall be added to and esteemed as part of my personal estate. And after obtaining such fines then Upon Trust that the said Susanna my daughter her Heirs or Assigns shall and do with all convenient speed after such assessment and recovery of the said General Fine as aforesaid make absolute sale of the said manor and hall of Catterlen and of the said Messuages Demesne Lands or other Lands Tenements and Hereditaments in the Parishes of Newton and Skelton and of my said yearly free rent of eleven shillings and sixpence with their and every of their appurtenances to any person or persons (such of my children as shall be desirous to purchase the same being preferred before others) at and for the best price and most money that may or can be conveniently had or gotten for the same And my Will and Mind is that the money thence arising and to be raised shall be applicable to the payment of my legacies hereinafter bequeathed and added to and deemed and taken to be part of my said personal estate And I give and devise the said Messuage and Garth or Garden thereunto belonging late Atkinson's in the said manor of Catterlen with the appurtenances unto my said daughter Susanna her Heirs and Assigns In Trust to permit and suffer such Schoolmaster as shall from time to time be named by the owner or owners of the said Manor and Hall of Catterlen as shall be employed yearly to teach and instruct the children of the tenants of and within the said Manor in the principals of the Christian religion according to the Church of England as by law established and in reading and writing to have and enjoy the same and to take the benefit thereof to his own use And I give and bequeath unto my said daughter Susanna the sum of Two Hundred Pounds and I give and bequeath unto my said daughter Sarah the wife of John Barker the sum of Twenty Pounds to be paid within two years after my decease if she be then living And I give and bequeath unto my said Granddaughter Elizabeth Gledhill the Sum of Ten Pounds a year for and during the first two years after my decease if she be then living and then to be paid unto her the Sum of Three Hundred Pounds Unto my said Grandson George Simpson the sum of One Hundred and fifty pounds to be paid within two years after my decease if he be then living and unto my granddaughter Isabella Simpson the Sum of Five Pounds a year for the two first years after my decease and then to be paid unto her the sum of One Hundred and fifty pounds if she be then living Unto my Grandson Joseph Gledhill the sum of Five Pounds unto my Grandaughter Grace America Gledhill Five Pounds Unto Ann Gledhill Five pounds Unto Sarah Gledhill Five pounds Unto Susanna Gledhill Five pounds Unto Bathsheba Placentia Gledhill Five pounds Unto Margaret Carolina Gledhill Five pounds Unto my Grandson John Gale Fifty Pounds Unto my Grandaughter Isabella Gale Fifty pounds Unto my said Grandson Henry Richmond Brougham Five pounds Unto my said Grandson John Brougham Five pounds And I give and bequeath unto my Grandaughter Isabella Brisco the sum of Seven pounds a year for and during the term of her natural life to be paid at one entire payment yearly the first payment to be made within twelve calendar months next after my decease Unto my Grandson Henry Brisco the sum of Twenty Pounds Unto Elizabeth Brisco Five Pounds Unto my daughter-in-law Jane Stephenson Ten Pounds Unto my Grandaughter Mary Stephenson Five pounds Unto my Grandaughter Elizabeth Richmond Five pounds Unto my Grandaughter Isabella Richmond Five pounds to be severally paid retained or answered unto them respectively within two years after my decease And if any of the said Legatees shall happen to die before the time of payment of his, her, or their respective Legacies I will and direct that the said Legacy or Legacies of her him or them so dying shall go and be paid to or retained by my said daughter Susanna Richmond or her assigns to her and their own use and benefit And I give and bequeath to each of my Godsons and Goddaughters that are living at the time of my decease a guinea wherewith severally to buy them a mourning ring And I institute and appoint my said daughter Susanna Richmond Sole executrix of this my Will and to her I give devise and bequeath all the rest residue and remainder of my personal estate and also of all my Real estate Leases Mortgages and Effects whatsoever and of the money to be raised by sale of the said premises so appointed to be sold in and of my personal estate as aforesaid after payment of my funeral expenses Debts Legacies and performance of this my Will And I hereby appoint my very good friend Andrew Huddleston aforesaid John Brougham of Scales in the said County of Cumberland Eldred Curwen of Workington in the said County Esqr. and Edward Hutchinson of Carlisle in the said County Esqr. to be supervisors of this my Will to see that the same be duly performed And if any Question doubt or Controversy shall arise or happen either touching the true meaning or exposition of anything in this my Will or concerning any matter or thing relating to my Estates Real and personal or the Actings or doings of my said Executrix the same shall be fully and finally determined by them my said supervisors or the major part of them And what they shall judge and determine concerning the same shall be conclusive and binding to all parties whatsoever in any wise concerned therein and I do give and bequeath to each of my said friends Supervisors of this my Will Two Guineas to each of them at their first meeting in order to assist and advise my said executrix And it is my express Will intent and meaning and I hereby order and direct that if any Devisee or Legatee of this my Will shall not submit to the Determination of my said Supervisors or the major part of them but otherwise litigate or dispute any part of my estate or seek to have or claim any greater or other part or share of it than what is hereby devised or given that in every such case the Legacy Devise and Bequest hereby given to the party so litigating consenting or claiming shall be void anything herein before to the contrary notwithstanding And I hereby revoke all former Will and Wills by me heretofore made and do declare this to be my Last Will and Testament whereunto I have subscribed my name and seal this First Day of May in the Year of our Lord One Thousand, Seven Hundred and Thirty Six.

ISABELLA MILLER..

Signed Sealed and Published by Isabella Miller as her Last Will and Testament in the presence of us who have subscribed our names as Witnesses thereunto in the presence of the said Testatrix.

John Sanderson
Thomas Moses
John Barton

---

The Schedule to which the Will doth refer.

The first Column of the Schedule to which the Will doth refer containing a particular of the Names of the Customary tenants of Highhead al's Highett and of the rents payable by them in all amounting to Nine Pounds Twelve Shillings and Fourpence.

Thomas Westran 1.0.0
Do. 0.1.2
Elizabeth Simpson .2.0
George Simpson .6.8
John Walker .3.0
John Barton .13.4
Rowland Simpson .11.0
Timothy Ireland .4.0
John Barton .8.6
John Mundevill .16.4
Jane Williamson .18.0
Henry Head .9.4
John Beamond .16.4
Jane Head .3.6
James Robinson .9.10
William Barton .9.10
Joseph Ireland .6.3
John Beamond .7.5
John Simpson .17.10
John Ireland .2.8
Henry Head .2.4

£9.12.4

The second column of the said Schedule containing a particular of the names of the Customary tenants of Highhead al's Highett and of the rents payable by them in all amounting to Nine pounds Twelve shillings and Three pence.

Jacob Smith 0.15.4
Christopher Simpson 0.6.4
Thomas Backhouse .9.6
Do. .14.
Do. .15.10
Thomas Storrow .3.0
Chris Hornby 1.4.9
John Dawson .12.4
Joseph Mundevill .11.8
Do. .1.6
Thomas Stalker .18.0
Thomas Ireland .16.2
Joseph Robinson .16.3
John Bell .5.
Mungo Bewley .0.1
Joseph Robinson .1.0
Do. .1.0
Joseph Mundevill 1.0.6

£9.12.3

ISABELLA MILLER

Signed Sealed and Published by Isabella Miller Widow as her Last Will and Testament in the presence of us who have subscribed our names as Witnesses at the request of the said Testatrix.

John Sanderson
Thomas Moses
John Barton

The Codicil to be annexed and to be deemed and taken to be part of the Last Will and Testament of Isabella Miller of Highhead Castle in the County of Cumberland Widow dated the 1st May, 1736.

I Isabella Miller of Highhead Castle in the County of Cumberland Widow having on or about the first day of May in the Year of our Lord 1736 duly made and published my Last Will and Testament in writing and hereunto annexed and therein and thereby having given and bequeathed unto my Grandaughter Isabella Brisco the Sum of Seven Pounds a year for and during the term of her natural life but she the said Isabella Briscoe having since the making and publishing my said Last Will and Testament without my consent given contrary to my express advice and commands intermarried with one Thomas Moses Now my Will and Mind is and I do hereby declare that by reason of her Disobedience therein and her undutiful behaviour to me since I do hereby revoke and make void the said grant and bequest of the said seven pounds a year and every part thereof and that the same shall cease and remain in the hands of my Executrix in such manner as if the same had been never intended to be given to her And whereas by my said Last Will and Testament I have given and bequeathed unto my Grandson George Simpson the Sum of One Hundred and Fifty pounds to be paid by my Executrix within two years next after my decease if he should then be living I do hereby revoke the said grant and bequest and in stead and in lieu thereof do hereby give and bequeath unto the said George Simpson the annuity or yearly sum of Three Pounds a year for and during the term of his Natural Life and the sum ot One
Hundred Pounds to be paid by my Executrix out of my personal estate within two years after my decease if he be then living And whereas by my said Last Will and Testament I have given and bequeathed unto my Grandaughter Isabella Simpson the sum of Five pounds a year for and during the two first years next after my decease and then to be paid unto her the sum of One Hundred and Fifty pounds if she should then be living I do hereby revoke and make void the said bequest and in stead and in lieu thereof do hereby give and bequeath unto the said Isabella Simpson the annuity or yearly sum of Three pounds a year for and during the term of her natural life and the sum of One Hundred Pounds to be issuing and paid by my Executrix out of my personal estate within two years next after my decease if she the said Isabella Simpson be then living And I do hereby give and bequeath unto my daughter Sarah Barker (over and besides the sum of Twenty Pounds bequeathed unto her by my said last Will and Testament) the yearly sum or annuity of three pounds a year for and during the term of her natural life And I do hereby give and bequeath unto my cousin Mrs. Catherine Borrow [Her maiden name was Robertson, see Appendix of Proofs] the wife of the Reverend Mr. Joshua Borrow the annuity or yearly sum of three pounds a year for and during the term of her natural life the said several annuities or yearly sums to be issued and paid by my Executrix out of my personal estate at one entire payment The first payment to be made within twelve calendar months next after my decease

And I do hereby give and bequeath unto the eldest child of the Revnd. Mr. Curwen Huddleston [He was the son of the Rev. William Huddleston and Joyce Curwen, see Appendix of Proofs] that shall be living at the time of my death or shall be hereafter born unto him when born the sum of Ten pounds wherewith to buy a piece of plate

And lastly I do hereby ratify and confirm my said Last Will and Testament and every clause proviso condition limitation and grant therein contained save only what is herein particularly expressed to the contrary And my Will and Mind is and I hereby declare that this present Codicil annexed to my said Last Will and Testament shall be and be deemed and taken to be part and parcel thereof In witness whereof I have hereunto set my hand and seal this thirteenth day of August in the year of our Lord One Thousand seven hundred and thirty seven.

ISABELLA MILLER.

Signed Sealed Published and Declared by Isabella Miller Widow as part of her Last Will and Testament in presence of us who have subscribed our names as Witnesses thereto in the presence and at the request of the said Testatrix.

John Barton
Jonathan Richardson
Mary Dixon

Proved June 19 1739.

(Taken from a Copy in the Registry at Carlisle.)


Notes on the Will of Isabella Miller