Document Request: Will of Lowis Walton, husband of Charlotte Richardson
Document Description: Lowis Walton survived his wife by one year and lived in Gainford, Durham, the same village to which Charlotte's father William Richardson retired.
Transcription URL: https://richardson.surnametree.com/library/vdocs/D_27#27
Document Transcription:LOWIS WALTON
[ husband of Charlotte Richardson]
This is the last Will and Testament
of me Lowis Walton of Gainford in the county of Durham Esquire
made this thirty first day of July in the year of our Lord one thousand
eight hundred and forty one I appoint John Fogg Elliott of Elvet Hill in
the Parish of Saint Oswalds in the said County of Durham Esquire
and Charles Trotter of Stockton in the said County, Surgeon, Executors
of my will I give and bequeath to the several persons hereinafter
named and several legacies following, that is to say/ to my relative
friend and Executor the said John Fogg Elliott my Carriage with
the harness and accountrements thereto belonging and also my silver
salad ladle and fork as a testimony of my great respect for him To
Mr Richard Ableson of Gainford aforesaid my mare as a token of my
respect for him To the said John Fogg Elliott and Charles Trotter all
my Port wine which shall be in my dwellinghouse at Gainford
aforesaid at the time of my decease equally to be divided between
them To Sarah Appleby the widow of my late nephew George
Appleby my painting of two horses and a man hanging over the
chimney piece in the dining room of my said dwellinghouse
to Frances Hogan the sister of my late wife Charlotte Walton the
sum of five hundred pounds sterling but in case of her death in my
lifetime to give the same sum to such of the children of the said Frances
Hogan as shall be living at my death equally to be divided between
them. To Harriet Susan Neville the Niece and Goddaughter of my said late
wife the sum of five hundred pounds sterling and also my portrait
of the late Captain William Richardson. To Christopher Rowland
Richardson the nephew and godson of my said late wife the sum of
one hundred pounds sterling. To Harriet [Connolly] and John Arthur
[Connolly] the daughter and son of Sophia Connolly the niece of my said
late wife the sum of one hundred pounds sterling and to Robert
Barnaby Richardson the son of William Richardson - brother of my
said late wife the sum of one hundred pounds sterling But in case of
the death of the said Robert Barnaby Richardson in my lifetime I
give the same amount of one hundred pounds sterling to such of his
children as shall survive me equally to be divided between [them]
Eliza Mr [] daughter of Joshua [Waitshall] late of Gainford
aforeseaid Surgeon deceased the sum of one hundred pounds sterling
but in case of her death in my lifetime I give the said sum of one hun-
dred pounds sterling to such of her children Clara Eliza and Arthur
Charles as shall be living at my death equally to be divided between
them I give to the said Clara Eliza [MrWthergham] and Arthur Charles
[ Dr Merkan] the sum of one hundred pounds sterling and to Mary Appleby
the daughter of my said late nephew George Appleby the sum of two hun
dred pounds sterling. To Elizabeth Sarah Appleby another daughter of
said George Appleby the sum of one hundred pounds sterling to George
Walton Appleby the only son of my said Nephew George Appleby the sum
of one hundred pounds sterling. To Christopher John George [Birdenoub] the
son of my niece Anne Elizabeth [kirdenoub] the sum of one hundred
pounds sterling to Susan Mary Dale of [Hebon Terrace] in the County of
Middlesex widow the sum of one hundred pounds sterling and to the
said John Fogg Elliott and Charles Trotter their executors administrators
and assignees the sum of five hundred pounds sterling Upon trust to invest
te same in their names in the public funds of our government [securities]
of the United Kingdom or our [coal] securities in England or Wales and
change the investment at their discretion for any other or others of the
[kind prescibed] and Upon trust to pay the interest or dividends [received]
the proper [hands] of Harriet Neville / the sister of my said late wife
during her life and not by way of anticipation for her [over pole] and
separate use free from marital control for which payments her receipts
shall be sufficient discharges to my trustees and after her death the said
sum of five hundred pounds and the stocks funds and securities whereon
the same shall for the time being be invested and the dividends and
interest thereof shall be [in] trust for all and every her son and son’s [welo-]
[or] sons [dying] in the lifetime of the said Harriet Neville as shall attain
the age of twenty-one years [distributively] yet so that the issue shall
participate only as representing their bereaved parents and I give and
bequeath to the said John Fogg Elliott and Charles Trotter their executors
administrators and assignees the sum of eight hundred pounds sterling
upon trust to invest tge same in manner heretofore expressed and [cover]
a [life] power of [vacurcing] role investment as before [uncistiurb] and give
capital stock and shares as well original as otherwise in the Hartlepool
Dock and Railway Company and I [berlove] and [birort rolat] in the said
Hartlepool Dock and Railway Company hereinbefore respectively a
bequeath [oo] upon trust to pay the dividends interest and annual profits
therefrom cooperatively arising into the proper hands of my said niece
Anne Elizabeth [Richmond] during her life and not by way of anticipa-
tion for her own sole and separate use independently of the
[debts] [rouhol] disposition or engagements of her present or any after taken hus-
band and for which payments her receipts shall be sufficient discharges
to my said trustees and from and after her decease the same sum of eight-
hundred pounds and the shares funds and securities whereon the same
shall for the time being be invested abd the dividends and interest thereof
and the said capital share or shares in the said Hartlepool Dock and Rail-
way Company and the dividends and annual profits thereof shall be in
trust for all and every the child and children of the said Anne Elizabeth
Richmond shall live to attain the age of twenty-one years [that the]
said sum of eight hundred pounds and the stocks funds and securities
whereon the same shall for the time being be invested and the said
capital stock or shares in the said Hartlepool Dock and Railway
Company [shall sink] into and for part of my residuary personal
estate Provided always and I do hereby declare that it shall be [laro
fil] for my said trustees or trustee for the time being at any time or
during their life and after the decease [rolou] in the discretion of the said
trustees or trustee to sell and dispose of the said capital stocks or
shares in the said Hartlepool Dock and Railway Company or any
[arrolour] or any part thereof and to invest the money to arise from [any]
sale of government or [coal] securities and from time to time [coird]
such consent and in [such] discretion as aforesaid to vary and [relaugh]
the stocks funds and securities as often as shall be [thought] fit and upon
every [ourd] sale variation or transfer as aforesaid any person or a
persons who shall pay any money to said trustees or trustee for the
time being shall be exempt from all responsibility in respect of the
application thereof and I do hereby expressly authorize and direct my
said trustees or trustee for the time being to apply any part of the []
money to arise fom my residuary personal estate in payment of
any [ralls] or [custaicuous] [weird] at my decease shall be or hereafter
[may] [ocomebye] and payable on the said [rapiral] stock or shares in a
[the said] Hartlepool Dock and Railway Company or any of [theiruntel]
the same shall be sold in [pucocknire] of the power thereinbefore [sou
kinnet] it being my intention that the said [Mrs] Elizabeth Richmond and
her said [children] shall be [ouriked] as well to the benefit of the said [capital]
stock or shares as of all the money which may be advanced or applied in
pursuance of the [direction] herein [ocrete] contained in payment of any
[surol renis] and [inwraicuous] I give to the said Charles Trotter the sum of
two hundred pounds sterling for his own use and benefit [etubalI] give
to my niece Margaret Trotter of Staindrop in the said County of Durham
Spinster the sume of one hundred and I give to Emma
C Richardson of Saint Oswalds in Cheltenham the sum of one
hundred pounds sterling and I give to my Surgeon Thomas Sills of
Gainford aforesaid the sum of fifty pounds sterling over and above his
charges etc for [mobirindes] and attendances upon me as a testimony of my
respect for him and an acknowledgment of his great attentoin to me in
my illness and I give and bequeath all my personal estate not herein
before specifically disposed of unto the said John Fogg Elliott and Charles
Trotter their executors administrators and assignees upon trust to get in
and convert the same into money and [releroont] to pay my debts and
funeral and testamentary expenses and to pay or retain the several
pecuniary [deotailes] or sums of money hereinbefore bequeathed and
upon further trust to invest the residue of the said lastmentioned trust
monies in their names in the public funds or government securities of
the United Kingdom or [on] coal securities in England and Wales and not in
Ireland or elsewhere with liberty to vary and manage the investments at
their discretion for any other or others of the [funds] prescribed and to [mici]
inate] the yearly income by similar investments until my said nephew
George Walton Appleby shall attain the age of twenty one years or be
under that age and if he shall attain that age thereupon to transfer
to him both the original fund and the accumulations but if he shall
be under that age then any residuary personal estate and the stocks
funds and securities whereon the same shall for the time being be
invested and the accumulationd dividends interest and annual [profits]
thereof shall be interest for and be divided between my said nieces [Ham]
Appleby and Elizabeth Sarah Appleby in equal shares or to the survivor
of them in case of the death of either of them under the age of twenty one
years and in case all of them the said George Walton Appleby Mary
Appleby and Elizabeth Sarah Appleby shall die without any of them
having attained the age of twenty-one years then I decalre and direct
that my said residuary personal estate and the stocks [shares] and securi
ties whereon the same shall be for the time being invested and the
[accumulations] dividends interest and annual [produce] thereof shall be
in trust all and every the child and children of my said niece [ofum]
Elizabeth Richmond who shall live to attain the age of twenty-one
years in equal shares and if there shall be only one such child then
in trust for such only child I give and [bovise] all my messuages lands
[titles/tithes] and hereditaments of whatsoever tenure the same may be and
wheresoever situate and all other the real estate of or to [whither] shall
at the time if my decease be seized possessed or [entered] with their
respective rights and appurtenances (except such coal estates as shall
at the time of my decease be [vested] in me as trustee or conveyancer/ unto
and to the use of the said John Fogg Elliott and Charles Trotter their
heirs and [assigns] upon trust for my said great nephew George
Walton Appleby his heirs and [assigns] but in case he shall die under
the age of twenty-one years and without leaving any issue then sur
viving then my said messuages lands tithes hereditaments and real
estate shall be in trust for my said great niece Mary Appleby and
Elizabeth Sarah Appleby in equal shares as tenants in common their
respective heirs and assigns but if either of them the said Mary Appleby
and Elizabeth Sarah Appleby shall die under the age of twenty one
years and without leaving any issue her surviving [then] I declare
and direct that the share of her so dying of and in my said [messuages]
lands tithes hereditaments and real estate shall be in trust for the
survivor of them her heirs and assigned I declare and direct that if all
of them the said George Walton Appleby Mary Appleby and Elizabeth
Sarah Appleby shall die under the age of twenty one years without
any of them leaving issue him her or them surviving then I declare
and direct that my said messuages lands tithes hereditaments and real
estate hereinbefore [bevidsed] shall be in trust for all and every the child
and children of my said niece [Mrs] Elizabeth Richmond who shall
live to attain the age of twenty one years as tenants in common in
[fee] simple and if there shall be only one child then a aa aa aa aa aa
[three more lines of aa aa]
in trust for the time being notwithstanding any of the trusts hereinbefore
[beharob] if they or he shall think it advantageous to do so at any time or
times to sell by public auction or private contract all or any part of my
messuages lands an messuages lands tithes hereditaments and real
estate and hereditaments situate in the Parish of Gainford
aforesaid and my pews in the Gallery of the Parish Church of Gainford
aforesaid to any person or persons at such time or times as they or he
shall think expedient and by public auction or private contract with
power to buy in the same at auction or auctions and to resell the
same at any future auction or auctions or by private contract and to
[resind] modify or vary any contract for sale [thereof] without being
ansewrable for any loss or expense or be occasioned thereby and with
power to sell the same hereditaments subject to [special] or order
conditions of sale and to [use] such reserved biddings as shall be thought
[fit] and I declare and direct that my said trustees or trustee shall [invest]
the money to [arise] from my personal este hereinbefore bequeathed
to whom shall be found insufficient to pay any debts. [funeral] and
testamentary expenses and the several primary legacies hereinbefore
bequeathed, apply such a competent part of the monies to arise from the
sale of my aid real estate hereinbefore made saleable as shall be sufficient
to make good such beneficiary and I declare and direct that my said trustees
or trustee shall invest the money to arise from the sale of my said real
estate hereinbefore made saleable or the residue which shall remain
[after] answering the purpose last aforesaid (as the case may be) in
[manner] hereinbefore directed concerning the funds or securities
whereon such investments shall be made upon the trusts hereinbefore
[contained] concerning the funds or securities whereon the [produce] of my
residuary personal estate may be invested and I empower my trustees or
trustee for the time being notwithstanding
any of the trusts or powers
herein contained to apply all or any part of the yearly income to which
[number] any of the [devises] bequests or dispositions hereinbefore contained
each or any infant devisee or legatee shall be [articled] towards [rdomain]
[lonaure] and duration or therwise for the sole benefit of said devisee or
legatee during his or her [minority] or at the option of my said trustees
to pay the same into the hands of the parent or guardian of such a
advisee or legatee to be so applied but for the sole application whereof
any such parent or guardian any such trustees shall not be responsible
And I also empower my said trustees in their discretion notwithstanding
any of the trusts or powers herein contained to advance and apply
any part not exceeding one half of the capital to which under any of
the said bequests or dispositions each or any infant legatee shall be
[certified] or preemptively [articled] in or towards his or her advance
ment in the world and I also empower my trustees or trustee for the
[then] going to plant with forest or other trees such part and parts
of my estate called [coastbert] as is or are of freehold tenure as they or
he may think proper but under the direction and advice of Mr Thomas
[Pearorti] of Bishop Auckland in the County of Durham I and on
[Again] and after this decease thou of the proper authority and at the
discretion of my said trustees or trustee and I direct that the roots of
such trees and all [ coopaires ] attending such planting shall be defrayed
out of the rents and profits of my real estate hereinbefore devised and I
further direct and my express wish is that the said Thomas [Poaror]
shall on my decease view and inspect all the farms on my estates at or
in Hamsterley in the said county of Durham and that the same
[tenures] shall be remodelled and [caraowed] whenever my trustees or
trustee for the time being may in their or his direction think an
improvement will be effected hereby and I direct that all the out [feure]
walls on my said estate of Hamsterley shall be well and sufficiently repaired
and kept in repair and topped with lime and also rebuilt wholly or
in part where the same shall by said trustees or trustee so
considered necessary And I further direct that the building at [role] and
of [role] Cross Keys now used as a Blacksmith’s shop shall not after my
decease be so used bt that the same shall be converted and used for
such other purposes at all times after my decease as my said trustees
or trustee shall think proper and in order to accomplish and [rompide]
the plantations on my estate at [Washbent] and to provide a fund for that
purpose and for the repairs and improvements hereinbefore mentioned
I do hereby authorize and empower my trustees or trustee for the time being
for a period of two years from my decease to apply any part of the
monies which may form part of my residuary personal estate or
which may arise by the sale of my said hereditaments and premises
in the parish of Gainford aforesaid towards those purposes in addition
to the rents and profits to arise from the other parts of my said real estate
hereinbefore devised and I do hereby expressly direct and declare it
to be my most earnest wish that the whole of my real estate shall be
kept in good thorough and proper repair and condition by my said
trustees or trustee And I further empower my trustees or trustee for the
time being to exchange the whole or any part of my lands in the undivided
Townfields at Hamsterley aforesaid for other hereditaments of the same
tenure with liberty to give or accept any sum of money for equality of
exchange and thereupon to execute such assrances as shall be
necessary and proper for effecting such exchange And I declare that my
trustees or trustee for the time being shall stand possessed of any money
which they or he shall receive for equality of exchange upon the same
[rents] as are hereinbefore declared [containing] my residuary personal estate
and I also empower my trustees or trustee for the time being to break and
open and work a quarry in my field in the Parish of Gainford aforesaid
called Balmer Hill to the north west of the place where a quarry has
already been worked and adjoining or near to the land adjoining the
said field and to make a road therefrom into the adjoining Lane and
I devise unto and to the use of the said John Fogg Elliott and Charles
Trotter their heirs and assigns All the real estates which so shall be vested
in me at my decease as trustee or mortgagee in fee or otherwise subject
to the trusts and equities affecting the same respectively and I further
empower my trustees or trustee to grant leases of my said devised
hereditaments or any part or parts thereof for any term or terms of years
not exceeding ten years in possession at the best rents that can be obtained
for the same without taking any fine or premium And I further declare
and direct that the receipt or receipts of the trustee or trustees for the time
being of this my will for the purchase money rents and profits and any
other moneys to be received by them or him by virtue of the rents and
powers respectively therein contained shall be valid and effectual discharge
to the persons paying the same monies and that such persons respectively
and any of them shall not be answerable or accountable for the applica-
tion of the same monies or any part thereof and that they or any of them
shall not be obliged or [concerned] to enquire whether any sale or sales
which shall be made by my said trustees or trustee shall or may be
necessary advantageous or proper nor whether my personal estate [deraiv]
of my debts funeral and testamentary expenses and the several legacies
hereinbefore bequeathed or any of them or any part or parts thereof
respectively And I hereby declare that in case the said John Fogg Elliott
and Charles Trotter or either of them shall die in my lifetime or shall
disclaim or renounce the execution of the trusts hereby created or in
case the said John Fogg Elliott and Charles Trotter or any trustee or trustees
to be appointed under this present provision shall die or shall be absent
from the United Kingdom for the space of six calendar months at one
time or shall otherwise become unwilling or unable to act as aforesaid and [related]
immediately after such appointments the said trust estates monies and
effects stocks funds or securities shall be [conveyed] or transferred in
such manner that the same may [vest] in such new trustee or trustees
jointly with the surviving or continuing trustee or trustees or in [such]
-----------------------
new trustee or trustees solely as the [case] may require and such new
trustee or trustees shall have and be capable of exercising all the powers
and authorities whatsoever thereinbefore contained in the same
manner to all intents and purposes as if he or they had been apponted
a trustee or trustees by this my will And I direct that [Messrs] Mewburn
and Hutchinson of Darlington in the County of Durham or order of
[than] shall be Solicitors or Solicitor for my trust estate and property
and that they or he alone shall during their or his lives or life be pro-
fessionally employed as Solicitors or Solicitor in any matters or [things]
relative to the execution of this my will and I further declare that the
trustees or trustee for the time being of my will shall not be answerable
for [card] orders [acts] [receipts] [neglects] or defaults nor for any losses happen-
ing without their own respective [besarnt] and by no means for involuntary
losses and that they shall be at liberty to retain and allow to [card] order all
losses and that they shall be at liberty to retain and allow to each other all
expenses inherent to the execution of the trusts and powers of my will and I
hereby revoke all former and other wills declaring this writing alone to
express the [wdoir] of my will In witness whereof I have to this and the
nine preceding sheets of paper thereto annexed set my hand this thirty
first day of July in the year of our lord one thousand and eight hundred and
forty one - Lowis Walton - the writing contained in this this and the nine
preceding sheets of paper hereto annexed was signed by the said
testator Lowis C Walton as 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 [oudorinded] our names as witnesses.- Henry
Hutchinson of Darlington Solicitor _ Hugh Durin his clerk _
Proved at London 20th November 1841 before the Judge by the oaths
[--] John Fogg Elliott and Charles Trotter the Executors to whom [Mbmona]
was granted having been sworn by [comou] duly to administer.
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