[line and paragraph breaks added for comprehension] [visual emphasis added e.g. Watson]
This is the last Will and Testament of me Stephen Watson of the High Street in Sunderland near the Sea in the County of Durham Mercer and Draper made the Twenty seventh Day of September in the year of our Lord one thousand eight hundred and thirty six
I Give and Devise All those my freehold Messuages Shops and Hereditaments situate and being in the High Street in Sunderland aforesaid one of which said Messuages is in my own possesion and the other is in the occupation of Thomas Hodge as my Tenant with the appurtenances And also all that my other freehold Messuage situate and being in Lombard Street in Sunderland aforesaid behind the first mentioned Messuages and Shops and now in the occupation of Elizabeth Goddard and others with the appurtenances unto and to the use of my son Robert Moon Watson and my Sons in Law Richard White and Robert Brown their Heirs and Assigns Upon the trusts following, that is to say,
In Trust that they the said Robert Moon Watson, Richard White and Robert Brown and the Survivors and Survivor of them and the Heirs and Assigns of such Survivor do and shall by Mortgage or sale of the said Messuages Hereditaments and premises hereinbefore devised or of any part thereof or by and out of the Rents and profits thereof or by distraining /note 1/ upon the Tenants or occupiers of the same premises for the recovery of their Rents when in arrear or by all or any of the same ways and means raise and levy and pay unto my wife Dorothy Watson or her Assigns for and during her life the Annuity or yearly Sum of One Hundred Pounds upon two days or times in the year, that is to say, on the Thirteenth Day of August and the Thirteenth Day of February in every year by equal portions and also raise and pay unto the Executors or Administrators of the said Dorothy Watson a proportionate part of the said Annuity or yearly sum to be computed to the day of her Decease from the then last preceeding Day of payment of the said annuity or yearly sum to begin and be made on such of the said Days as shall first happen next after my decease And from and after the Decease of my said wife Dorothy Watson
In Trust by all or any of the same ways and means to raise and levy and pay the two several annuities or yearly sums of Fifty Pounds and Fifty Pounds as hereinafter mentioned, that is to say, to raise and levy and pay unto my Daughter Mary the wife of the said Richard White or her Assigns for and during her life the annuity or yearly sum of Fifty Pounds And to raise levy and pay unto my Daughter Dorothy the wife of the said Robert Brown or her Assigns for and during her life the like annuity or yearly sum of Fifty Pounds the said several annuities to be paid to the Annuitants respectively upon Days or times in the year, that is to say, on the Thirteenth Day of August and the Thirteenth Day of February in every year by equal portions the first half yearly payment of the said annuities or yearly sums of Fifty pounds and Fifty Pounds respectively to begin and be made on such of the said Days as shall first happen next after the Decease of my said wife Dorothy Watson
And I Declare and Direct that upon the decease of my said wife if my said Daughters or either of them shall be then dead or when and so soon after the Decease of my said wife as my said Daughter or either of them shall die and shall leave any Child or children her or them respectively surviving then and in that case they my said Trustees or the Survivors or Survivor of them do and shall by all or any of the ways and means hereinbefore mentioned raise and levy an Annuity or yearly sum of Fifty pounds and pay and apply the same for and towards the maintenance education and benefit of all and every the Child and children of such of my said Daughters so dying respectively as aforesaid until the youngest of such children respectively shall attain the age of Twenty one years provided also
And I Declare and Direct that if either of my said Daughters shall die without leaving any child or children her surviving then my surviving or other Daughter shall from and after the Decease of my said Wife be entitled to and shall be paid an Annuity or yearly sum of Seventy five pounds in lieu of the said annuity or yearly sum of Fifty Pounds hereinbefore devised to her as aforesaid and the child or children of any of such surviving Daughter shall on her Decease and from and after the decease of my said wife become entitled to and have the like annuity or yearly sum of Seventy five Pounds paid and applied for and towards his her and their maintenance education and benefit as aforesaid in lieu of the said annuity or yearly sum of Fifty pounds hereinbefore devised as aforesaid for that purpose
And I Declare and Direct that from and after the decease of my said wife and from and after the decease of my said Daughter Mary White leaving any child or children her surviving and when and as the youngest of such children of my said Daughter Mary White if more than one shall have attained the age of Twenty one years then and upon the said several events taking place they my said Trustees shall and do by Mortgage or sale of the said Messuages Hereditaments and Premises hereinbefore devised to them or any part thereof or by all or any of the ways and means before mentioned raise and levy the sum of One Thousand Pounds and pay and Divide the same to and amongst all and every such Child and Children of my said Daughter Mary White in equal shares if more than one their respective Executors Administrators and Assigns
And I Declare and Direct that from and after the decease of my said wife and from and after the Decease of my said Daughter Dorothy Brown leaving any child or children her surviving and when and as the youngest of such children of my said Daughter Dorothy Brown if more than one shall have attained the age of Twenty one years then and upon the said several events taking place they my said Trustees shall do by all or any of the same ways and means before mentioned raise and levy the like sum of One Thousand Pounds and pay and Divide the same to and amongst all and every such child or children of my said Daughter Dorothy Brown in equal shares if more than one their respective Executors Administrators and Assigns provided also
And I Declare and Direct that if either of my said Daughters shall die without leaving any child or children her surviving then and in that case and from and after the Decease of my said wife my said Trustees shall and do by all or any of the ways and means before mentioned raise and levy the sum of One Thousand five hundred pounds in lieu of the sum of One Thousand pounds hereinbefore directed to be raised as aforesaid and pay and divide the same sum of One thousand five hundred Pounds to and amongst all and every the child and children of such of my said Daughters as shall leave Issue as aforesaid in equal shares if more than one their respective Executors Administrators and Assigns in lieu of the said sum of One thousand pounds hereinbefore directed to be paid to and divided amongst them as aforesaid
And I Declare and Direct that the receipt or receipts of any of the Trustees for the time being of the said Real estate and premises which they are hereby impowered to Mortgage or sell for the purposes of this my Will under this or their hands or hands respectively shall from time to time effectually discharge the respective purchaser or purchasers Mortgagee or Mortgagees of and from so much of the purchase or Mortgage money as shall therein be acknowledged or expressed to be received And that such purchaser or purchasers Mortgagee or Mortgagees shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase or Mortgage money respectively or any part thereof provided always
And I hereby Declare and Direct that no such sale or Mortgage of my said freehold Messuages and premises shall take place unless my said son Robert Moon Watson shall neglect or refuse to provide for the payment of the said Annuities and of the said several Sums hereby directed to be raised and paid thereout in manner hereinbefore mentioned as and when the same shall become payable under and by virtue of the trusts of this my will
And subject to the raising and paying of the said annuities and to the raising and paying of the said several sums of One thousand Pounds and One thousand Pounds in the events aforesaid and to the powers hereinbefore given to my said Trustees for that purpose I Give and Devise All my said freehold Messuages Shops Hereditaments and Premises situate in the High Street and Lombard Street in Sunderland aforesaid with the appurtenances unto and To the use of my said Son Robert Moon Watson his Heirs and Assigns for ever
I Give and Devise all my one fourth part or share and all other my estate and Interest of and in all that Freehold Building now used as a Chapel or Meeting House and of and in all those Houses Shops and Hereditaments situate and being at the foot of Burleigh Street in Sunderland aforesaid with the Appurtenances And all other my Real estate (not hereinbefore devised) unto and to the use of my said Son Robert Moon Watson his Heirs and Assigns for ever
I Give and Bequeath All my Wearing apparel plate Linen China Books and Household Goods and Furniture to my said wife Dorothy Watson to and for her own use and benefit
And as to all my ready money Railway or Shipping shares Stock in Trade Book and other Debts and all other my personal estate and effects of what nature soever not hereinbefore specifically disposed of I give the same unto my said Son Robert Moon Watson and my said Sons in Law Richard White and Robert Brown their Executors Administrators and Assigns upon the Trusts following, that is to say,
In Trust to raise set apart and appropriate thereout the sum of One thousand Pounds and to place out or invest the same sum from time to time in or upon Government Real or other good and sufficient Securities at Interest and from time to time to call in or dispose of the principle money so to be placed out or invested and to place out or invest the same again in or upon new or other Securities of the like nature at Interest until the same shall become payable by virtue of the Trusts and Directions of this my Will
And I Declare and Devise that the said Robert Moon Watson, Richard White and Robert Brown their Executors Administrators and Assigns shall stand and be possessed of the said principle sum of One Thousand Pounds hereinbefore directed to be placed out at Interest as aforesaid upon the Trusts following, that is to say,
In Trust to pay the Interest Dividends and yearly proceed thereof to my said wife Dorothy Watson or otherwise to permit her to receive the same for and during her life unto the Day of her decease and from and after her decease the said principle sum of One thousand Pounds to be put and placed out at Interest as aforesaid shall be In Trust for my said Son Robert Moon Watson and my said Daughters Mary White and Dorothy Brown equally to be divided between them their respective Executors Administrators and Assigns provided always
And I Declare and Direct that the respective shares and Interests of my said children of and in the said principle sum of One thousand pounds so directed to be placed out at Interest as aforesaid shall be and become a vested Interest in them respectively immediately upon my decease And subject thereto and to the payment of my Debts and Funeral and Testamentary expenses
I Give and Bequeath all the rest and residue of my said personal estate and effects of what nature soever to my Said Son Robert Moon Watson his Executors Administrators and Assigns to and for his and their own use and benefit And I accordingly constitute him the Residuary Legatee of my said personal estate and effects I constitute and appoint the said Robert Moon Watson, Richard White and Robert Brown Executors of this my last Will and Testament
I Give and Devise unto the said Robert Moon Watson, Richard White and Robert Brown their Heirs and Assigns All and such Real estates as are now vested in me for securing to me any Sum or Sums of money by way of Mortgage or otherwise in order to enable them with the greater ease and convenience to recover receive and get in the same money for the purposes of this my Will
And I Give to the said Robert Moon Watson, Richard White and Robert Brown their Heirs and Assigns all such Real estates as are now vested in me upon any Trust or Trusts To Hold the same to the said Robert Moon Watson, Richard White and Robert Brown their Heirs and Assigns Upon the several trusts affecting the same
I Declare and Direct that my said Executors and Trustees hereby appointed their respective Executors Administrator and Administrators or Assigns shall not be answerable or accountable the one for the others or other of them And that they or any of them shall not be charged or chargeable with or answerable for the acts receipts neglects or defaults of the others or other of them but each for his and their own acts receipts neglects or defaults nor for any money rents or profits but such only as they shall respectively shall actually receive by virtue of this my Will nor for any loss which shall or may happen by the act or failure of any Tenant Steward Banker or Receiver or of any other person or persons whomsoever employed or acting in the said Trusts under the said Trustees for the time being And also that they respectively shall and may retain and deduct and be allowed out of the said Trust estates monies and premises all their costs charges damages and expences to be occasioned by the execution or performance of the Trusts in them reposed or to be reposed by virtue or in pursuance of this my Will
I hereby revoke all my former Wills In Witness whereof I the said Testator Stephen Watson have to this my last Will and Testament contained in seven sheets of paper set my Hand and Seal, that is to say, my Hand to the first six sheets thereof and my Hand and Seal to this seventh and last sheet thereof the Day and year first within written.
Stephen Watson (SS)
Signed Sealed published and Declared by the said Testator Stephen Watson as and for his last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our Names as Witness thereof.
| John Bramwell John George Hargreaves William Henry Bramwell |
} } his clerks } |
This is a Codicil to the last Will and Testament of me Stephen Watson of the High Street Sunderland near the Sea in the County of Durham Mercer and Draper which said Will bears date on the Twenty seventh Day of January 1836
Whereas my wife Dorothy Watson is entitled under and by virtue of the Will of her late Father Robert Moon deceased to the Legacy or Sum of Five Hundred pounds the payment whereof is deferred for a certain period therein mentioned
Now I do hereby Give and Bequeath the said sum of Five Hundred pounds together with all Interest which shall be due thereon at the time of my Decease to my said wife Dorothy Watson to and for her own use and benefit
And whereas I did in and by my last Will among other things direct my Executors therein named to raise by and out of my Personal estate the sum of One thousand Pounds and to place out or invest the same in or upon Government Real or other good and sufficient securities In Trust to pay the Interest thereof to my said wife Dorothy Watson for her life and then upon the further Trusts therein mentioned
Now I do hereby express my desire and I authorise and empower my said Executors instead of investing the said Sum upon Government or Real Securities, to allow the same to remain in the hands of my son Robert Moon Watson on the security of his promisory Note payable with Interest after the rate of Five Pounds per Cent. per annum Upon the several Trusts and for the several purposes mentioned and expressed in my said Will for and during the life of my said wife Dorothy Watson if my said Son shall desire it
And I do hereby ratify and confirm my said Will in every other respect and Declare this to be a Codicil In Witness whereof I have hereunto set my Hand and Seal this First Day of April in the year of our Lord 1837.
Stephen Watson (SS)
Signed Sealed published and Declared by the said Testator Stephen Watson as and for a Codicil to be annexed to and taken as part of his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our Names as Witness thereof.
J. Bramwell
Jane Taster
M.J. Benett
Proved at Durham on the 17th Day of October 1837 by Robert Moon Watson, Richard White and Robert Brown the Executors to whom Admon was granted they having been first duly sworn as usual.
Sub £2000 (36.67)