William Tinniswood
Written 18th May 1777    proved 17th July 1778

[William Best was four and his brother three when the will was written]

Know all men that I William Tinniswood of Fenton in the Parish of Hayton & County of Cumberland, Taylor, do make, publish and declare this my last Will & Testament in form & manner following it is to say, I give and bequeath to & unto my Grandson William Best, the sum of thirty pounds, to my Grandson John Best the sum of thirty five pounds, & to each of them a chair, & likewise a bed & bedding of cloaths, the long settle, table, cupboard & my cloath chest equally & jointly between them; & provided either of the said children die before they come to the age of twenty one years then my will is that the survivor should have the legacies above named - and my Will further is, that the said legacies shall be chargeable and payable out of my freehold lands situated at Fenton and called & known by the names of Lonning Heads & shall likewise be paid out of the same when the said Grand Children arrive at the age of twenty one years, in the mean time interest for the same to be paid yearly out of the said lands for the maintenance & support of the said William Best & John Best now minors; and I hereby constitute & appoint my son Robert Tinniswood sole trustee to the said minors, & as he is my heir at law, & after my decease comes into possession of all my lands, my will is if he turns restive and refuses to support maintain & educate the said minors for & in consideration of the interest arising from the said legacies from that time, it shall & may be lawful for such person or persons or Parish Officers as shall take care of & provide maintenance & education for the said minors to recover and receive out of my said freehold lands yearly and every year until the said minors shall come to the age of sixteen years the sum of three pounds for each of the said minors my Grand Children.
My son in law William Best father of the said children now a soldier solely excepted from receiving any part of the said yearly sums or any person for him. I likewise give and bequeath to Robert illegitimate son of my son Robert the sum of five pounds likewise I give and bequeath to my daughter in law Mary Tinniswood the sum of one pound the last legacies to be paid one year after my decease and I do hereby constitute and appoint my son Robert Tinniswood sole executor of this my last will & testament. In witness where of I have here unto set my hand & seal this 18th day of May 1777    William Tinniswood (and his seal)
Signed sealed published and declared as the last Will & Testament of the testator in the presence of us
James Graham sworn
Richard Green sworn
Proved 17th July 1778

 

Robert   Tinniswood
Written 26th November 1805 - proved 15th February 1806

In the Name of God Amen I Robert Tinniswood of Fenton Lonning Head in the Parish of Hayton and County of Cumberland Yeoman being weak in body and of sound mind memory and understanding praised be to God for the same do make and publish this my last Will and Testament in the manner and form following (that is to say) I give and devise all my freehold ground situated at Fenton Lonning Head (together with the moss belonging thereto) commonly called and known by the respective names of Thomas Forsters three fields and all other grounds whatsoever to me belonging unto my Nephew William Best of Fenton Lonning Head aforesaid, to hold the same unto the said William Best his heirs and assigns for good Subject nevertheless and chargeable with the sum of five hundred and fifty pounds which I order and desire to be paid out of my said freehold grounds one half at one years end and the other half at two years end after my decease unto my nephew John Best of Brampton, Also I give and bequeath unto my wife Mary Tinniswood (in case she survives me) the sum of one hundred pounds and also all of my Household Furniture Beds Bedding China Plate Linen for and during the term of her natural life and after the decease of my said wife I give and bequeath the said sum of one hundred pounds and also the said Household Furniture Beds Bedding China Plate Linen unto Mary Leach in case she survives to the age of twenty one and in case she should happen to die before she arrives to the age of twenty one I give and bequeath the said one hundred pounds and household furniture Beds Bedding China Plate Linen unto Elizabeth Leach another daughter of William Leach all of which legacies I order and desire to be paid twelve months after my decease by my executors hereafter mentioned and I do hereby nominate constitute and appoint my said two nephews William Best and John Best joint executors of this my last will and testament revoking all other wills by me made. I declare this to be my last will and testament in witness whereof I have here unto set my Tb and and [sic] seal this 26th day of November in the year of our Lord one thousand eight hundred and five - The Mark and Seal X of Robert Tinniswood (LS) Signed Sealed Declared and Published by the above Named Robert Tinniswood the Testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto -
Robert Longrigg
The Mark of George Milburn 5
John Thompson

 

William Best
Written 8th October 1835    proved 3rd June 1837

The last Will and Testament of William Best. In the name of God Amen. The eighth day of October one thousand eight hundred and thirty five. I, William Best of Fenton Lane Head, in the Parish of Hayton and County of Cumberland, being possessed of sound mind and memory do make ordain this my last will and testament Fult. I give and devise unto my wife Deborah Best all my household furniture. To my son Thomas Best I give and bequeath the sum of fifty pounds sterling of good and lawful money also I give and bequeath to my son John Best the sum of fifty pounds sterling of good and lawful money, also to my daughter Sarah Best the sum of thirty five pounds of good and lawful money & also to my daughter Deborah Best the sum of thirty pounds, if my daughter Elizabeth Best should die before she arrives at the age of twenty one years without issue her portion to be divided equally amongst her brothers and sisters, also I give and bequeath to my daughter Hannah Carr the wife of Edward Carr the sum of twenty pounds of good and lawful money, also to my daughter Margaret FULLER the wife of Robert FULLER the sum of twenty pounds of good and lawful money. Also to my grandson Thomas Dryden the son of my late daughter Mary Dryden the sum of ten pounds of good and lawful money if my grandson Thomas Dryden should die before he arrives at the age of twenty one years his portion to be divided amongst his mothers brothers and sisters, Also if my son John Best should die before he arrives at the age of twenty one years his portion to be equally divided amongst his brothers and sisters. The above sums of money to be paid (twelve calender [sic] months after my decease, out of my Freehold property, situated at Fenton Lane Head in the Parish of Hayton and County of Cumberland) by my son William Best whom I appoint my Sole executor of this my last will and testament and I do hereby utterly disallow, revoke, and disannul all and every other former testament, wills, and legacies, bequests and executors, by me in any ways before ******  ****** and bequeathed, ratifying and confirming this and no other to be my last will and testament in Witness where of I have here unto set my hand and seal the day and year above written.//. William Best (LS)
Signed, sealed, published, pronounced and declared by the said William Best as his last will and testament in the presence of us the subscribers
John Best
William Lamley
William Lamley Sen'r

Effects under £200 proved 3rd June 1837 by William Best sole Executor

 

William Best jnr
Written 30th January 1859   proved 12th May 1860

This is the last Will and Testament of me William Best of Fenton Lane Head, in the Parish of Hayton in the County of Cumberland. I hereby appoint my brother John Best to be my sole executor: and devise by this my will to him his heirs or assigns upon trust all of my real and personal property to be left as this my will directs:  And do request the said John Best his heirs or assigns to pay out of my property situate at Fenton Lane Head in the parish of Hayton and in the county of Cumberland the following legacies viz To my sister Sarah Walker I leave the sum of thirty pounds to be paid two years after my decease and should she die before the expiration of two years the same £30 must be equally divided among her daughters. To my sister Hannah Carr I leave five pounds a year the first £5 to be paid twelve months after my death and to be paid during the time of her natural life out of the estate at Fenton Lane Head. To my nephew Thomas Dryden I bequeath the sum of ten pounds to be paid three years after my decease. Also to Henry Best son of Sarah Walker I leave ten pounds to be paid at the same time. Also to my nephews and nieces (the children of Hannah Car) William Carr, Mary Graham, Alice Carr and Michael Carr I leave £10 each to be paid four years after my decease. Also to my Nephew and Niece William FULLER and Agnes FULLER I leave £10 each to be paid five years after my death. Also to my three nieces Ann, Mary and Margaret Thompson I leave £10 each to be paid five years after my decease. Also to my two nephews and niece John Forsyth, Sarah Jane Forsyth and James Forsyth to be paid when they come to the age of 21 years. And if any of the above nephews or nieces die before his or her legacy becomes due the same must be equally divided among his or her brothers and sisters or their heirs. And I hereby appoint the said John Best his heirs or assigns to receive the rent of all my property during a term of nine years for which term it is now let. And also to receive all other monies whatever belonging to me and to pay all debts that may legally come against me or my property. And after the term of nine years is expired commencing at Candlemas 1859 and ending at Candlemas 1868 I do leave the said John Best or his heirs those five closes of land known by the name of Old Parks and also Fenton Lonning Garth, the said five closes and garth being part of my freehold property (and bought and added to the estate of Fenton Lane Head during my life time) to take possession of the same at the expiration of nine years ending at Candlemas 1868. And should the said John Best die without heirs before that time the same Old Parks and Fenton Garth to be sold and equally divided among my brother and sisters or their heirs. And at the same time i.e. at the expiration of nine years ending at Candlemas one thousand nine hundred sixty eight I bequeath to my brother Thomas Best all my other landed property that is the old estate at Fenton Lane Head aforesaid together with the dwelling house and the out offices situate at the same place before named and should the same Thomas Best die before the end of nine years the said estate at Fenton Lane Head to go to his eldest son William Best when of age. The said William to pay out of it thirty pounds to each of his brothers and sisters when at the age of 21 years, And further I leave all my household furniture to Alice Carr and Agnes FULLER my nieces to be equally divided between them. In witness whereof I the said William Best have to this my last will and testament set my hand this thirtieth day of January one thousand eight hundred and fifty nine -----William Best -----Signed and acknowledged by the same William Best in the presence of us present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
John Best - Clerk
John Emily - Schoolmaster

On the twelfth day of May 1860 the will of William Best late of Fenton Lane Head in the parish of Hayton in the County of Cumberland Gentleman deceased was proven by the Oath of The Reverend John Best Clerk the brother and the sole executor named in the said will having first sworn duly to administer - certified copy.

9 folios effects under £20 Probate extracted by John Giles Mounsey Proctor - Carlisle

 

When the nine years were up and the farm came into the possession of Thomas Best he sold it and emigrated to Canada with his family. I believe William knew this was going to happen so made sure all of the family received legacy from him before the farm went out of the family for ever.