Extracted from the Registry of the Prerogative Court of York
WILLIAM WAIN BUTCHER
This is the last Will and Testament of me, William Wain Butcher, a Master in the Royal Navy, now living at Bowness, in the Parish of Windermere and County of Westmorland, which I make in form and manner following.
First, I appoint my dear wife; my son, John; and my friends, Daye Barker of Birkdault, near Ulverston, in the County of Lancashire, Thomas A. Beck of Esthwaite Lodge near Hawkshead and County of Lancashire, and the Reverend Robert Collinson of Queen's College, Oxford, now of Abby Holme in Cumberland, my joint Executors, their heirs and assigns, for the purposes hereinafter mentioned.
First, I direct that all my just debts shall be paid. I next give to my dear wife for her own use all my furniture, plate, &c. &c. in the house, of whatever description it may be, and one thousand pounds to be paid to her within six months after my death; and the interest of all my real and personal estate, of whatever name or description it may be, excepting my estate called Turnflat or Old Hills near Dalton in the County of Lancashire, which I give and devise unto my son, John, to mark my approbation of his conduct, at the age of sixteen. I have perfect confidence in my dear wife's judgment, care and attention of my children during life and widowhood. After the death of my said wife or sooner determination of her Widowhood, then my executors shall apply the rents and profits of all my real and personal estate to the support of my children, in such proportions as they may think best, and any parts of the principal, as far as one thousand pounds to each, for education or any other purpose they may think fit, being part of his or her share. And, as soon as convenient, after my youngest child shall attain the age of twenty one, my executors shall turn all my real and personal estate into money and divide the same amongst all my children, share and part alike. Should any die, leaving lawful children, such child or children shall have the father or mother's share amongst them, notwithstanding the direction I have given to my Executors respecting the division of my real and personal estate, share and part alike, amongst my children, after my youngest child attains the age of twenty one. Should they think, from any circumstance that may arise, that it would be better or more to the advantage of any child to purchase an annuity for her or him, with the whole or any part of his or her proportion, or settle it in any other way, as I might have done had I been living, then I will and direct that my executors exercise that power vested in them, without being answerable to him or her in any way. I have some small legacies belonging to my children, as stated in my book no. one, which are to be paid as a debt out of my estate, and anything standing in that book against any of my children which may have been expenses on their education, or otherwise, shall be considered and taken as part of his or her share of my real and personal estate. The book alluded to above has all my real and personal estate on one side and all my debts on the other, which I direct may be taken as part of my Last Will and Testament. My executors shall not be answerable for any loss that may occur in any transaction, and their receipts shall be a good discharge to any purchaser or in any transaction.
WW Butcher
Signed, sealed, published and declared as the last Will and Testament of William Wain Butcher, in our presence, and in the presence of each other, August 18th 1836,
William Garnett, Thomas Procter, Roger Barrow
Proved at London, 1st August 1839, before the Judge, by the Oath of Alice Butcher, widow, the relict, Daye Barker and Thomas Alcock Beck, that of the Executors to whom admon was granted, having been first sworn in by Common duly to administer power reserved of making the life grant to John W. Butcher, the son, and the Revd Robert Collinson, Clark, the other Executors, which they shall for the same.
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