Paula Smith's Family History - The Will of Francis Theakston

***LAST UPDATED: 3rd May 2004***

  • Francis Theakston (unknown)
  • John Theakston (b.abt 1828-1880)
  • Francis Theakston (1852-1894)
  • Alfred Francis Theakston (1888-1969)
  • Hilda Sybil Theakston (1919-2004)



DIRECT FEMALE LINE ***NEW 22nd   MAY 2004***



I Francis Theakston of Darlington in the county of Durham, butcher, hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last will and testament. I appoint my dear wife Margaret Annie to be the sole executor and trustee of this my will and I appoint my said wife to be guardian of my infant children. I give all my plate, linen, glass, china, books, pictures, prints, wines, liquors, furniture and other household effects unto my said wife absolutely. I give to William George Adamson the sum of twenty pounds if he shall be in my service at the time of my death. I devise and bequeath all my real and personal estate not otherwise hereby disposed of unto my said wife upon trust that my said wife shall sell, call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the monies produced by such sale calling in and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my will or any codicil (?) hereto but so that the proceeds of real estate shall not be applied in payment of legacies unless the other monies applicable thereto under the trust shall be insufficient for payment thereof and shall at the discretion of my said wife invest the residue of the said monies with power for my said wife at her own discretion to vary such investments. And shall stand posses of the said residuary trust funds and the investments for the time being representing the same I hereafter called the residue any trust funds. For trust to pay the income thereof to my said wife during her life and after her decease in trust for all my children who being sons shall attain that age of twenty one years or being daughters shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one child. And I also declare that my said wife at her own discretion may raise any part or parts not exceeding together one moiety (?) of the expectant share of any child of mine under this my will and apply to same for his or her advancement preferred or benefit as my said wife shall think fit. And with respect to the business of a butcher now carried on by me at Darlington aforesaid or any other business in which I may be engaged at my decease I empower my said wife to continue the same at any time and to wind up the affairs thereof with liberty for my said wife if and as long as she shall continue the business to employ therein the whole or any part of the capital which shall be employed therein at my decease and also such further part (if any) of my estate as she shall think proper and with liberty also to employ managers agents and clerks and also to admit (?) any person or persons as a partner with her in the business and generally to act in the conduct of the said business as she shall in her absolute discretion think fit without being answerable for any loss arising thereby. And (subject to the previous herein before contained as to my said business) I authorize my said wife to postpone the sale and conversions of any part of my real and personal estate for as long as she shall think fit and that the rents profits and income to accrue from and after my decease of and from such part of my estate as shall for the time being remain unsold and unconverted shall after payment thereous (?) of all incidental expenses and outgoings to be paid and applied to the person or persons and in the manner to whom and in which the income being payable or applicable under this my will if such sale and conversion had been actually made. In witness whereof I have set my hand to this my will the seventeenth day of January one thousand eight hundred and ninety: Francis Theakston.

Signed by the above named Francis Theakston as his last will in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses:

Hy Waldy Darlington Sharebroker. Wm Waldy Solicitor Darlington.

On the 10th day of December 1894 probate options will was granted at Durham to Margaret Annie Theakston, the sole executor. Be it known that at the date hereunder written the last will and testament of Francis Theakston of 78 Northgate Darlington in the county of Durham, butcher deceased, who died on the 6th day of November 1894 at 78 Northgate aforesaid and who at the time of his death had a fixed place of abode at 78 Northgate aforesaid within the district of the county of Durham was proved and registered in the district probate registry at her majesty's high court of justice at Durham and that administration of the personal estate of the said deceased was granted by the aforesaid court to Margaret Annie Theakston of 78 Northgate Darlington aforesaid widow, the relict of the said deceased the sole executor named in the will she having been first sworn well and faithfully to administer the same.

Dated the 10th day of December 1894. Gross value of personal estate £5779 1 5. Net value of personal estate £5410 18 11

Resworn April 1895 £3989 1 5 Extracted by J Clayhills, solicitor, Darlington.