***LAST UPDATED: 3rd May 2004***
FEMALE LINE ***NEW 22nd MAY 2004***
This is the last will and testament of me John Theakston of Darlington in the County of Durham, Butcher, made this sixth day of December one thousand and eight hundred and seventy six. I appoint Thomas Clayhills of Darlington aforesaid Gentleman and my son Francis executors and trustees of this my will. I bequeath all my furniture, plate, plated articles, linen, china, glass, books, pictures, prints, wines, consumable stores except stock in trade and other household effects whatsoever unto my dear wife Mary Bully absolutely. I devise my real estate and I bequeath the residue of my personal estate unto and to the use of the said Thomas Clayhills and Francis Theakston (who will hereinafter referred to as my trustees) their heirs executors administrators and assigns according to the nature thereof respectively. Upon trust thereout to pay an annuity of seventy pounds per annum to my said wife during widowhood to be considered as accruing from day to day and to be paid by equal half yearly payments on the thirteenth day of May and the twenty third day of November in every year and she shall not have power to dispose or deprive herself of the benefit thereof by anticipation and the first half yearly payment as shall first happen after my death if my wife shall be then living and my widow and to be an apportioned payment corresponding to the period which shall have elapsed from my death. And shall also pay thereout an annuity of seventy pounds to be also equal half yearly payments on the days hereinbefore mentioned to my daughter Ellen during her life and during any covesture the husband and his debts control and engagements and she shall not have power to dispose or deprive herself of the benefit thereof. By anticipation the first half yearly payment of such annuity happen after my death and to be an apportioned payment corresponding to the period which shall have elapsed from my death and on the decease or marriage of my said wife. I direct my trustees to pay the further annuity of seventy pounds to be also considered as accruing from day to day and to be paid by equal half yearly payments on the days hereinbefore mentioned to my said daughter Ellen during the remainder of her life and during any converture the same shall be for her sole and separate use indefinitely of any husband and of his debts control and engagements and she shall not have power to dispose or deprive herself of the benefit thereof by anticipation the first half yearly payment of such annuity to be made on such of the said days of payment as shall first happen after the marriage or decease of my said wife and to be an apportioned payment corresponding to the period which shall have elapsed from the marriage or decease of my said wife and on the decease of my said daughter. I direct my trustees to raise the sum of one thousand four hundred pounds if my said wife shall be married a second time or dead. I direct my trustees to raise the sum of two thousand pounds and if my said wife shall be alive and my widow at the decease of my said daughter then on the second marriage or decease of my said wife I direct my trustees to raise the further sum of six hundred pounds out of my real and residuary personal estate or the proceeds thereof and to invest the same in the names of my trustees in manner (?) hereinafter mentioned and to stand possessed thereof or of the stocks funds and securities whereon the same shall be invested upon such trusts as my said daughter Ellen notwithstanding coverture and whether covert or sole shall by any deed or deeds writing or writings sealed and delivered with or without power of revocation and new appointment or by the will or codicil or writing in the nature of or pusporting (?) or to be a will or codicil appoint and in default of and until any such appointment and so far as no ____(?) appointment shall extend. Upon trust for such of the children of my said daughter Ellen as shall be then living and the issue there living of any of them who may be then dead who either before or after the decease of my said daughter shall attain the age of twenty one years in equal shares as tenants in common per stirpes (?) so that the issue of any deceased children of my said daughter may take by may of substitution the share or respective shares only which their parent or respective parents would if living at the decease of my said daughter have taken and in case my said daughter shall not exercise the aforesaid power of appointment and in case there shall be no issue of my said daughter living at her decease who shall attain the age of twenty one years. I declare that the said sum of two thousand pounds shall fall into and form part of my residuary personal estate. I direct my trustees to pay an annuity of fifty pounds out of my real or residuary personal estate or the proceeds thereof to be also considered as accruing from day to day and to be paid by equal half yearly payments on the days hereinbefore mentioned to my son William during his life and he shall not have power to deprive himself of the benefit thereof by anticipation the first half yearly payment of such annuity to be made as the said days of payment as shall first happen after my death and to be an appointed payment corresponding with the period which shall have elapsed from my death. I declare that any monies raiseable under the trust or power hereinbefore in that behalf contained may be raised by one or more mortgage or mortgages (such mortgage or mortgages containing or not as may be thought expedient by my trustees a power of sale) of all or any part of my real estate and residuary personal estate or otherwise as my trustees in their discretion think proper with full power to execute and do all such assurances and things as they shall think fit for the purpose of raising all or any of the monies so raisable (including as well interest as principal) as also the costs of raising the same and that no person advancing any money or mortgage as aforesaid shall be bound or concerned to ascertain or inquire whether the money proposed to be raised is actually wanted for the purposes aforesaid. I direct my trustees to stand seised and possessed of my real and residuary personal estate or the proceeds thereof in truse for my son Francis his heirs executors administrators and assigns according to the nature thereof respectively. I give to my trustees a discretionary power of sale at anytime after my decease of all or any part of my real and residuary personal estate either together or in parcels by public sale or private contract with power to make any special conditions of sale or otherwise and with power to buy in the premises at any sale by auction or to rescind either on terms or gratuitously any contract for sale without being responsible for loss or diminution in price. I direct my trustees to invest all monies coming to their hands by virtue of this my will and any money directed by this my will to be invested in the names of my trustees on government or real securities at interest or on the debentine bond or bonds or in the preference stock or shares of any railway company or companies in Great Britain paying dividends with power to vary and ____(?) the same from time to time for others of a similar nature. I declare that my real and residuary personal estate shall stand charged and chargeable with the payment of my debts funeral and testamentary expenses and the annuities and legacies hereinafter acqueathed by this my will. I empower my trustees to let my real estate from year to year for any term not exceeding seven years in possession at the best rent and in other respects to manage it at their discretion. I empower my trustees to apply the whole or any part of the income of the shares whether vested or contingent of my children and their issue as aforesaid in or towards their respective maintenance or otherwise for their respective benefit and I direct my trustees to accumulate the unapplied income and add the accumulations to the capital of the respective shares whence the income shall have arisen. I empower my trustees to apply the whole or any part of the capital of the shares whether vested or contingent of my children or their issue as aforesaid in or towards their respective advancement in life. I declare that the receipt of my trustees for all monies stocks funds and securities paid or transferred to them by virtue of this my will shall effectually discharge the person or persons paying or transferring the same from liability to see to the application thereof or from being responsible for the misapplication or misapplications thereof. I declare that the said Thomas Clayhills who is a solicitor shall pay and reimburse himself out of the said trust fund and premises and monies coming to his hands by virtue of the my will all his costs charges and expenses for the professional business to be done by him and for the labor and loss of time in and about the trusts aforesaid insuch manner as he would be entitled to be paid for the same in case he was not to act as trustee or executor under this my will any rule of law or equity to the contrary notwithstanding. I empower my trustees to compound or allow time or accept security real or personal for the payment of debts owing to my estate and to adjust by arbitration or otherwise disputes in relation thereto or in relation to debts or demands against my estate. I declare that if my trustees or either of them or any person or persons to the appointed under this clause shall die go to reside abroad disclaim or be unwilling or incompetent to execute the trusts of my will or become bankrupt or insolvent or make an assignment or file a petition for the liquidation of their or his affairs by arrangement with their or his creditors it shall be lawful for the competent trustees or trustee for the time being (if any) whether refusing or retiring from the office of trustee or _____(?) (if any) for the executors or administrators or any or either of the executors or administrators of the last surviving trustee to substitute by any meriting (?) under their or his hands or hand any fit person or persons in whom alone or as the case may be jointly with the surviving or continuing trustees or trustee may real estate shall be vested and the trustees or trustee for the time being of my will shall be competent to exercise the powers and directions given to the trustees herein be vested in me as trustee or mortgage subject to the trusts and equities affecting the same. Lastly I revoke all other wills. In witness whereof I have hereunto set my hand the day and year first herein written.
John Theakson Signed by the said John Theakston the testator as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
T Clayhills, solicitor, Darlington Philip A Walker, clerk to the said T Clayhills, Darlington
Proved at Durham on the 16th day of August 1880 by the oaths of Thomas Clayhills and Francis Theakston, the son the executors to whom administration was granted
The testator John Theakston was late of no. 78 Northgate, Darlington in the county of Durham, butcher, and died 31st July 1880 at no 78 Northgate aforesaid. Effects under £1500. Extracted by T Clayhills, Solicitor, Darlington