Wills

John Newton: 1744-1805

This is the last Will and Testament of me John Newton of Mickley in the Parish of Ovingham in the County of Northumberland. Gentlemen I direct that my Debts and funeral Expenses shall be paid out of my personal Estate. I give devise and devise unto my dear Wife for the Term of her natural life the Mortgage or Tenement situate at Mickley aforesaid with the Appurtenances now occupied by John Phillipson and from and after the decease of my said dear Wife I give and devise the same Mortgage or Tenement with the Appurtenances unto my son John Newton of Mickley aforesaid his Heirs and Assigns for ever. And I give and bequeath unto my said dear Wife the use and enjoyment for her natural life of the Household Furniture Plate Linen Woolen and China which at the time of my decease shall be in my present Dwelling Place at Mickley aforesaid except the Silver Tankard hereinafter mentioned and declare that my said Wife shall not be answerable for the wear and tear thereof and from and after the decease of my said dear Wife I give and bequeath the same Household furniture Plate Linen Woolen and China except as aforesaid unto and between my two Daughters Jane Harrison Wife of George Harrison of Newcastle upon Tyne Butcher and Dorothy Newton Spinster their Executors Administrators and Assigns share and share alike as tenants in common and I order that an appraisement thereof shall be made under the direction of my Executor hereinafter named and equal partition according to the estimated value of such appraizement shall be made to my said two Daughters by lot within one Callendar Month next after the decease of my said dear Wife and I do not make further provision for my said dear Wife as she is already provided for by her title of Dower out of any real Estate. And I give and device unto my said Son John his Heirs and Assigns for ever All my real Estate situate at or near Mickley aforesaid and in the Parish of Ovingham aforesaid subject to the life Estate of my said dear Wife in the aforesaid Mortgage or Tenement with the Appurtenances in the occupation of the said John Phillipson and also subject to the Payment of the Sum of one Hundred and sixty Pounds to my said Daughter Jane her Executors Admons and Assigns and which sum I have to her having already advanced her in the World and I give and bequeath unto my said Son his Executors administrators and Assigns all the Implements of Husbandry Stock and crops whatsoever which I shall be possessed of at the time of my death and situate at Mickley or within the Parish of Ovingham aforesaid together with a Silver Tankard marked J.A.N. And I give and devise unto my Son William a Cooper in Newcastle upon Tyne aforesaid all that my freehold Estate commonly called Horseclose[?] and all other my Estate situate within the Parish of Bywell Saint Peter in the County of Northumberland. To Hold the same unto my said Son William his Heirs and Assigns for ever charged and chargeable with the Payment of the Sum of Two Hundred and fifty pounds unto my Daughter Dorothy Newton her Executors Administrators or Assigns. And whereas I advanced Money to my son George to assist and enable him to Stock and cultivate the farm he now holds at Mickley aforesaid under William Wrightson Esquire. Now I release give and bequeath unto my said Son George his Executors Administrators and Assigns the said Monies and all other Monies that at my decease shall or may be owing to me from my said Son George and I further give and bequeath to my said Son George his Executors administrators and Assigns the Sum of Two Hundred Pounds And I give and bequeath unto my said Daughter Jane her Executors Administrators and Assigns the said Sum of one Hundred and sixty Pounds to be charged upon my said real Estate within the parish of Ovingham as aforesaid and I give and bequeath unto my said Daughter Dorothy her Executors Administrators and Assigns the said Sum of Two Hundred and fifty Pounds to be charged upon my said freehold Estate in the parish of Bywell Saint Peter as aforesaid and direct that the said three Legacies of two Hundred Pounds one Hundred and sixty Pounds and two Hundred and fifty Pounds shall be paid without Interest within twelve Callendar Months next after my decease And I give devise and bequeath unto my said Son John his Heirs Executors Administrators and Assigns all the rest of my Estate and Effects of what nature or kind so ever to Hold the same to ?? and ?? for ever according to the tenures thereof. And hereby revoking all former Wills by me made I declare this to be and contain my last Will and Testament whereof I appoint my said Son John sole Executor ??? whereof I have hereto set my hand and seal the eighth day of August in the year of our Lord one thousand eight Hundred and five.

Signed sealed published and declared by the said Testator as and for 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 hereto set our hand as Witnesses

John Newton

J W Burnell

John Anderson, Jno Fenwick

Atty Newcastle

Witnesses

On the 31st Day of March 1806 John Newton the Son and sole Executor named in the within written Will was sworn as usual under 450 before me Saml. Viner

Hall Raine: 1759-1830

This is the last Will and Testament of me Hall Rayne of Low Callerton in the Parish of Ponteland and County of Northumberland Farmer. I charge and make chargeable all my Estate and Effects with the payment of all my just debts, Funeral Expences and the Costs and Charges of proving this my Will. I give and bequeath all my Farming Stock and Crops, Household Furniture, Plate, Linen and China and all other my personal Estate and Effects whatsoever unto to my dear Wife Mary Rayne for the Term of her natural life. I give and bequeath to Miss Jane Snowball now residing with me, One Hundred Pounds of good and lawfull money of Great Britain, which shall be put to Interest by Mr John Adamson, one of the Executors herein after named immediately on my Wifes decease, should the said Jane Snowball be then unmarried and such Interest to be paid her regularly every half year, so long as she the said Jane Snowball remains unmarried, the first payment thereof to be made six months after my Wifes decease, but should the said Jane Snowball marry after my Wife's decease, my Will is that the One Hundred Pounds which is above bequeathed to her shall immediately on her marrying be paid to one or more of my Daughters, Mary Newton, Elizabeth Adamson or Ann Briggs or their Issue as and in what proportion the said Jane Snowball may think proper, but should the beforesaid John Adamson consider the said Jane Snowball not likely to marry and the Interest of the Sum bequeathed to her insufficient for her support, he is at liberty to pay the whole or such part of the Sum bequeathed to her as he may think most proper. I give and bequeath to my Daughter Elizabeth Adamson Wife of Mr John Adamson of Shotleyfield in the County of Northumberland Farmer, the Sum of One Hundred Pounds of good and lawfull Money of Great Britain, to be paid her immediately on my Wife's decease. I give and bequeath to my Daughter Ann Briggs, Wife of the Revd William Briggs of London, One Hundred Pounds, which was by me lent upon Interest to her Husband the said Revd William Briggs and for which I hold his promissory Note. And as to all other my Estate and Effects whatsoever and the Residue and Remainder thereof I give and bequeath the same subject to the Life Interest therein hereinbefore given to my Wife and the aforesaid Legacies, unto my two Daughters before named, Elizabeth Adamson and Ann Briggs and her Children, in equal portions share and share alike. Let it be understood that the last bequest is made between my two Daughters Elizabeth Adamson and Ann Briggs and after my Daughter Ann Briggs decease, her share of the last named bequest to be disposed of to her Children as she may order. Lastly I appoint my Wife Mary Rayne and the before Mentioned John Adamson, Executors of this my last Will and Testament and order that the said John Adamson shall have the power of paying himself out of and from the residue of my Effects bequeathed to his Wife Elizabeth Adamson and my other Daughter Ann Briggs what may be considered fair and reasonable for his expences and trouble in transacting such business as may be occasioned by this my Will. ?? whereof I have hereunto set my hand and seal the twentieth day of June, One Thousand eight Hundred and twenty-nine.

Signed, sealed and published in the presence of Cath Waite, William Raine, Cuthbt Surtees

Hall X Raine

On the fifth Day of March 1831 John Adamson of Shatley field in the Parish of Shotley in the County of Northumberland Farmer one of the Executors named in the within written Will was sworn as usual under 800 before me. James Raine, Survr

Power received for granting a Probate of the said Will to Elizabeth Adamson the other Executor Rayne, Widow, the Relict of the Testator.

James Nicholson: 1787-1847

This is the last Will and Testament of me James Nicholson of South Otterington in the county of York Retired Schoolmaster made the fourteenth day of June in the year of our Lord one thousand eight hundred and forty five. I Give and bequeath to John Lax Wood of Newby Wisk in the said County Butcher my wife Isabella Nicholson and my son Richard Nicholson the sum of Two hundred pounds now due and owing to me from the Reverend William Dent of Thirsk in the said County Clerk together with the security for the same Upon Trust to call and get in the same sum and I declare and direct that the said sum of Two hundred pounds shall be in trust for all and every my child and children now living and is hereafter to be born in equal shares and proportions and to be paid and payable to them respectively at the time and in manner following (that is to say) to such of my children being a son or sons as and when they shall respectively attain the age of Twenty one years and to such of my children being a daughter or daughters upon the day or respective days of their respective marriage and I declare that it shall and may be lawful for my said Trustees and they are hereby required from time to time to invest or place out the same sum of Two hundred pounds in or upon Government or real in Securities at interest to be altered or varied at the discretion of my said Trustees as occasion may require until the same shall become payable by virtue of the Trusts and directions of this my Will provided always and I do hereby declare and direct that if any of my sons shall die under the age of Twenty one years without leaving a lawful issue or any of my daughters shall die unmarried in that case and thenceforth as well the original share as every other share of each of them so dying of and in the same trust money shall be in trust for the others or other of my said children in equal shares of more than one but shall not be payable sooner than the original share or shares of such others or other of them shall respectively become payable provided always and I do hereby expressly declare and direct that if my said Trustees do not receive the said sum of Two hundred pounds then and in that case they shall not on any account be answerable or accountable for the same or any part thereof nor shall they be liable to any proceedings either at law or in equity for or by reason or on account of any neglect or default in recovering receiving or getting in the said sum of Two hundred pounds or any part thereof anything herein ascertained to the contrary notwithstanding it being my wish that they may use their own discretion in recovering or not recovering the same sum and that they may at their discretion compound the said debt and accept part thereof in full for the same or give or allow any enlarged day for the payment thereof. I Give to my said son Richard Nicholson the sum of Fifty pounds to be paid to him as soon as conveniently may be after the decease of my said wife Isabella Nicholson but without any interest in the sum meantime for the same which sum I give to him in consideration of his maintenance not having cost me so much as my other children but if he shall die in the lifetime of my said wife without leaving lawful issue then and in that case the said sum of Fifty pounds shall fall into and form part of the residue of my personal Estate. I Give and devise my Messuages or Dwelling houses with the garth buildings and appurtenances thereunto belonging situate lying and being at South Otterington aforesaid in and all other the real Estates whatsoever and wheresoever which I may be seized on possession of at the time of my death or over which I may have any disproving forever at the time of my decease unto and to the use of the said John Lax Wood Isabella Nicholson and Richard Nicholson their heirs and assizes forever upon the trust following (that is to say) in trust for my said wife Isabella Nicholson for and during the term of her natural life and upon trust as soon as conveniently may be after the expiration of six calendar months next after the decease of my said wife Isabella Nicholson absolutely to sell convey and disprove of the said premises hereby devised either entirely or in parcels and either by Public Auction or Private contract unto any person or persons who shall be willing to become the purchaser or purchasers thereof for the best price or prices that can be reasonably obtained for the same and in trust to pay apply and dispose of the money for every such sale arising in manner and for the purposes hereinafter expressed provided always and I declare it to be my intention that if my said son Richard Nicholson shall within six calendar months next after the decease of my said wife Isabella Nicholson be desirous to because the purchaser of any said real Estates hereinbefore devised at or for the sum of Three hundred and forty pounds in that case on payment by him to my said Trust Estate of the said sum of Three hundred and forty pounds to be applied for the purposes of this my Will the same real Estates and the inheritance in fee simple in possession thereof shall be conveyed and assured in such manner as that the same shall be legally vested in my said son Richard Nicholson his heirs and assigns forever to and for his and their own proper use and I expressly declare that all such conveyances and assurances as shall be made and executed to my said son Richard Nicholson under or by virtue of this my Will (notwithstanding his being one of my Trustees) shall to all intents and purposes whatsoever be as valid and effectual in the law although my other children shall not execute the same join therein as the same would have been if they had duly joined therein or assented thereto or my said son Richard Nicholson had not been a Trustee named in this my Will and that my same son shall after such conveyance or assurance be entitled to have hold and enjoy the same accordingly against my other Trustees and my said other children their heirs executors administrators and assigns and all and every person and persons claiming or to claim by from under or in trust for them or any or either of them and I Give and bequeath all my Household Furniture Plate Linen and China and all my ready money and money upon securities (except the said sum of Two hundred pounds and the security hereinbefore bequeathed) and all other the personal Estate whatsoever and wheresoever which I may be possessed of at the time of my death or over which I may have any disproving power at the time of my decease unto the said John Lax Wood Isabella Nicholson and Richard Nicholson their executors administrators and assigns In Trust to sell and dispose of get in and convert the same into money nevertheless it is my Will and mind that my said Trustees may postpone the sale of my said Household Furniture Plate Linen and China till after the death of my said wife and may permit her to have the use and enjoyment thereof during her life and I declare and direct that the said John Lax Wood Isabella Nicholson and Richard Nicholson their heirs executors administrators and assigns respectively shall stand and be possessed and interested of and in the money to arise by the sale of my said real Estate hereinbefore devised and to arise and be produced from my personal Estate lastly hereinbefore to them given as aforesaid In Trust thereout to pay my funeral and Testamentary expenses and all the debts which I shall owe at the time of my decease and as to the residue or surplus of the money to rise and be produced as aforesaid to same shall be upon the trusts following (that is to say) In Trust from time to time to invest or place out the same in or upon Government or real securities at interest to be altered or varied at the discretion of my said Trustees as occasion may require until the same shall be payable by virtue of the Trusts and directions of this my Will and In Trust to pay the dividends interest or yearly proceeds therefrom arising as the same shall from time to time be received to my said wife Isabella Nicholson during the term of her natural life for her own use and benefit and from and after her decease the said last mentioned Trust money (after paying thereout the said legacy or sum of Fifty pounds hereinbefore given to my said son Richard Nicholson) shall be In Trust for all and every my child and children now living and hereafter to be born in equal shares if more than one and if any one or more of such children shall die in the lifetime of my said wife Isabella Nicholson without leaving lawful Issue then and in that case and thenceforth as well the original share as every other share of each of them so dying of and in the same Trust money shall be In Trust for the others or other of them in equal shares if more than one but shall not be payable sooner than the original share or shares of such others or other of these shall respectively become payable and I direct that from and after my decease and the decease of my said wife Isabella Nicholson respectively the interest or yearly dividends of these respective shares of my said children of and in the respective principal sums so to be invested or placed out at interest as aforesaid shall be applied to and for their respective maintenance education or benefit in such manner as the Trustees for the time being thereof shall from time to time think proper until the same shall respectively become payable and I declare and direct that from and after the decease of my said wife Isabella Nicholson until the sale conveyance or assurance hereby directed to be made as aforesaid shall be made and executed the rents and annual profits of my said real Estates hereinbefore devised shall be paid to such person or persons and in the same proportion and manner as the interest of the money to arise by such sale or sales which shall remain after payment of the funeral and Testamentary expenses debts and legacies hereinbefore directed to be paid thereout would after such sale or sales be payable or applicable to by virtue or in pursuance of this my Will and I declare and direct that the receipt or receipts of the Trustees for the time being of the said Trust Estates and premises hereby directed to be sold for the purposes aforesaid under their or his hands or hand respectively shall from time to time effectually discharge the respective purchaser or purchasers of such part or parts of the same premises by virtue or in pursuance of the Trusts or directions of this my Will shall be sold and disposed of off and from so much of the purchase money as shall therein be acknowledged or expressed to be received and that such purchaser or purchasers shall not after such receipt or receipts be answerable or accountable for any loss misapplication or misapplications of such purchase money or any part thereof and I appoint the said John Lax Wood Isabella Nicholson and Richard Nicholson Executors and Executrix of this my Will and I declare and direct that the said John Lax Wood Isabella Nicholson and Richard Nicholson their respective heirs executors administrators and assigns respectively 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 or accountable for the acts receipts or neglects or defaults of the others or other of them but each of them for his and her own acts receipts neglects or defaults only nor for any more money than they repectively 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 Banker Receiver or Agent or of any other person or persons whomsoever employed or action under the said Trustees for the time being and that they respectively shall and may in the first place by and out of the said Trust Estates moneys and premises respectively deduct and retain all such loss costs charges damages and expenses as they respectively shall or may suffer sustain expend or be put until in or about the execution or performance of the Trusts in them reposed or to be reposed by virtue or in pursuance of this my Will in relation to the same Trust Estates monies and premises respectively provided and I do hereby declare that the provision hereby made for my said wife is intended to be and shall be accepted and taken by her in lieu has and full satisfaction of and for her dower and thirds at common law and every other Estate right and Interest and of and for every provision which she can or may or might otherwise have claimed demand or be entitled to of in to or out of my real and personal Estates or either of them or any part thereof respectively and I hereby revoke all my former Wills in Witness whereof I have to this my last Will and Testament contained in this and the five preceding and the next succeeding sheets of paper hereto annexed set my hand and seal (to wit) my hand at the bottom of this and each of the said preceding sheets my hand and seal to this last sheet and any seal at the top of the first of the said preceding sheets where all the said sheets are fixed together the day and year first within written.

The writing contained in this and the six preceding sheets of paper sheets annexed was signed and sealed by James Nicholson of South Otterington in the County of York Retired Schoolmaster and by him published and declared as and for his last Will and Testament in the presence of us who as Witnesses thereof have hereto subscribed our names in his presence at his request and in the presence of each other.

James Nicholson

H W Coates
Rachel Sadler

A Memorial of the before written Will was Registered at Northallerton the thirteenth day of May eighteen hundred and forty seven at eleven in the forenoon in Book HN page 109 and Number 173

I do hereby certify that on the thirteenth day of May in the year of our Lord, 1847, John Lax Wood, late of Newby Wiske in the County of York, Butcher, from the Township of Romanby in the said County, Yeoman, and Richard Nicholson, of Caldwell in the said County, Butcher, son of the undermentioned deceased, the surviving Executors named in this the last Will and Testament of James Nicholson, late of South Otterington in the Province of York Retired Schoolmaster, deceased, were sworn well and truly to Execute and perform the same, and that the whole of the goods chattels and credits of the said deceased within the Province of York do not amount in value to the sum of Eight Hundred Pounds
Witness my hand
S B Brasher
Surrogate

Moses Holden: 1796-1866

This the last Will and Testament of me Moses Holden of Sutton in the County of Lancaster Shopkeeper and Glass Maker made published and declared this nineteenth day of June one thousand eight hundred and sixty five in manner following that is to say I desire that my body may be buried at the discretion of my dear wife Margaret and I direct that all my just debts funeral and testamentary expenses and also the charges of proving this my Will shall be paid out of my personal Estate except what I specifically bequeath and I charge the deficiency upon my real estate I give and bequeath unto my said Wife all my plate linen china household goods and furniture absolutely and subject as aforesaid I give and bequeath all the residue of my Estate and effects both real and personal unto her my said Wife to hold use and enjoy the same and take and recieve the interests profits and annual produce thereof for her own use and benefit during the term of her natural life and from and immediately after the death of my said Wife I give and devise the messuage or dwellinghouse No. 48 situate in Rigbye Street in Saint Helens in the County of Lancaster with the appurtenances now belonging to me unto my daughter Mary the wife of Thomas Brown her heirs and assigns for ever and from and immediately after the death of my said Wife I likewise give and devise the messuage or dwellinghouse No. 46 situate in Rigbye Street in Saint Helens aforesaid with the appurtenances unto my Son John his heirs and assigns for ever and from and immediately after the death of my said Wife I give and bequeath to my Grand-daughter Jane Elizabeth Holden the natural child of my deceased Daughter Jane Holden the sum of two hundred pounds but in case of her death before the age of twenty one or marriage in the lifetime of my said Wife I give and bequeath the said sum of two hundred pounds unto and to be equally divided between and amongst my said son and daughter John Holden and Mary Brown and the issue of such of them as shall be then dead such issue taking only their parents share to be equally divided between and amongst them And from and immediately after the decease of my said Wife I give and bequeath unto my Grand children James Rimmer Sarah Rimmer and Anne Rimmer children of my deceased Daughter Anne Rimmer and the survivors and survivor of them to be equally divided between and amongst them the sum of one hundred pounds and to be paid only in the event of them or any of them having attained the age of twenty one or being or having been then married And from and immediately after the death of my said Wife I give and bequeath my residuary personal estate and effects unto and equally amongst my two children John and Mary and my said Grand-daughter Jane Elizabeth or such of them as shall be then living to be paid or transferred to their own proper hands for their separate use benefit or disposal independent of coverture Provided always and it is my last Will and mind that if my said Son John or Daughter Mary or Grand-daughter Jane Elizabeth shall happen to die in the lifetime of myself or of my said Wife leaving lawful issue from him her or them surviving then I give and bequeath the share or shares both original and accruing of him her or them so dying aforesaid of and in my said Residuary personal estate and effects unto and equally amongst such issue if more than one share or share alike as tenants in common and to their respective executors administrators and assigns And if there shall be but one such issue then unto such one or only issue his or her executors administrators and assigns Provided also that if either of my said Children John or Mary or Grand-daughter Jane Elizabeth shall happen to die in the lifetime of myself or of my said Wife without leaving lawful issue him her or them surviving then I give and bequeath the share or shares both original and accruing of him her or them so dying as last aforesaid of and in my said residuary personal estate and effects unto and equally amongst the survivors of my said Children John and Mary and Grand-daughter Jane Elizabeth and the issue of such of them as shall be then dead leaving lawful issue such issue taking only the share or shares to which their deceased parent or parents would if living have been entitled share and share alike as Tenants in common and to their respective Executors administrators and assigns and if there shall be but one such child or Grand child or Issue then unto such one child or Grand child or issue his or her executors administrators and assigns the shares or share so arising or accruing as hereinbefore last mentioned to my said Daughter Mary and Grand-daughter Jane Elizabeth to be paid and transferred into their proper hands as I have hereinbefore directed with regard to their original shares And lastly hereby revoking all former and other Wills and Testaments by me at anytime heretofore made I appoint my friends Robert Knowles of Saint Helens in the County of Lancaster Clogger and Richard Worsley of the same place Grocer and Draper Executors of this my Will In witness whereof I the said Testator Moses Holden have to this and the preceding two sheets of paper of this my Will set my hand the day and year first before written

X the Mark of Moses Holden

Signed by the before named Moses Holden on the day of the date hereof as and for his last Will and Testament in the presence of us as Witnesses each of us being in his presence and in the presence of each other at the same time and as such Witnesses we hereby attest and subscribe the Will in the presence of the said Moses Holden and at his request each of us being also in his presence and in the presence of each other at the same time (the will having been first read over to him who appeared perfectly to understand the same) and the word "five" in the fourth line of the first sheet having first been written upon an erasure .. E. W. Edwards attorneys clerk St Helens Wilmot Hulton agent S. Helens.

Proved at Liverpool the 15th day of October 1866 by the Oaths of Robert Knowles and Richard Worsley the Executors to whom administration was granted. The Testator Moses Holden was late of Sutton in the County of Lancaster Shopkeeper and Glass Maker and died on the 12th day of March at Sutton aforesaid Under 600 pounds Thomas Maddock Solicitor Saint Helens.