This is the Last Will and Testament of me Joseph Lowes Thompson, Senior, of Sunderland in the County of Durham, Gentleman, made this twenty first day of August, One thousand eight hundred and eighty eight. I appoint my sons,
Robert Thompson, Joseph Lowes Thompson, and Charles Elliot Thompson, hereinafter called my Trustees, to be the Trustees and Executors of this my Will. And I declare that all trusts and powers hereinafter vested in my Trustees, may be
- exercised by the survivors or survivor of them, or the heirs, executors, or administrators of such survivor or other, the Trustees or Trustee for the time being of this my Will. I revoke all former Wills. I Direct that my just debts and funeral and testamentary expenses shall be paid as soon as conveniently may be after my decease. I give devise and bequeath my dwellinghouse called Ashville House, in Monkwearmouth, in which I now reside, with the Conservatories, vinery, Gardeners Lodge, garden field, and grounds thereto belonging with the appurtenances hereinafter called the said dwellinghouse and premises and all my household
- furniture, plate, linen, china, glass, books, pictures, and consumable stores, and all other things of the same nature which may be in my said dwellinghouse at the time of my decease (hereinafter called the said furniture), unto my Trustees Upon Trust so long as either of my two daughters Margaret Jane and Sarah Hannah shall continue unmarried to permit such of my said daughters as so shall continue unmarried to live in and occupy or receive the rents and profits of my
- said dwellinghouse and to have possession of and use the said furniture so long as they respectively shall continue unmarried, and on the marriage or death of both of my said daughters, then the said dwellinghouse and premises shall be sold and disposed of to the best of the judgment of my Trustees, and the proceeds thereof shall fall into and form part of my residuary trust funds, and shall be dealt with as hereinafter mentioned, and on the death or marriage of both of my said daughters, the said furniture shall be in trust as to my
- plate and linen for my said two daughters in equal shares, or to the survivor if only one absolutely. Subject as aforesaid the said furniture shall be sold and the proceeds shall form part of my Residuary trust funds and be dealt with in the manner hereinafter mentioned. And I Direct that as long as either of my said daughters shall reside in my said dwellinghouse, or receive the rents and profits thereof, they or she so residing shall pay all the outgoings,
- whether landlords or tenants, and shall keep the said dwellinghouse and furniture insured in the names of my Trustees, and to their satisfaction, and deliver to my Trustees the Insurance policies, and the receipts for the premiums of Insurance. I devise and bequeath all my real and personal estate not hereby otherwise disposed of, unto my Trustees Upon Trust, that my Trustees shall sell, call in, and convert into money, the same or such part thereof as shall not consist
- of money, and shall invest the same with power for my Trustees at their desecration, to vary such investments, and shall stand possessed of the said trust moneys, and the investments, for the time being representing the same, hereinafter called the Residuary trust funds. Upon the trust following that is to say in trust to pay out of the annual income thereof the sum of Twelve shillings weekly to my present housekeeper, Jane Swan, during her life and subject thereto in case my said daughters Margaret Jane and Sarah Hannah shall
- be unmarried at the time of my decease As to one moiety there In trust to pay the income from such moiety to my said daughter Margaret Jane until her marriage or death and as to the other moiety of the trust funds In trust to pay the income thereof my said daughter Sarah Hannah until her marriage or death. And in case of the death of either of my said daughters unmarried In trust to pay the whole of the income of the residuary trust money
- subject to the payment of the legacies I desire to give, to my sons on the marriage or death of both of my said daughters, to the survivor for life, and after her decease In trust for the children of the survivor who shall attain the age of twenty one years or marry with lawful consent in equal shares and if there be only one such child the whole to be In trust for that one child And in case of one of my said daughters
- marrying leaving the other single. I direct that my Trustees shall to my daughter marrying the sum of One thousand pounds on marriage day for her sole and separate use and subject thereof As to three fourths of the said trust funds the same shall be In trust to pay the income thereof to my daughter so remaining single until her marriage or death and as to the remaining one fourth of the trust funds In trust to pay the income thereof to my married
- daughter for her sole and separate use without power of anticipation And on the marriage of both of my said daughters I direct that the following legacies shall be paid, namely Two thousand pounds to my son Robert Thompson, Two thousand pounds to my son Joseph Lowes Thompson, Two thousand pounds to my said son Charles Elliot Thompson, and One thousand pounds to my daughter last marrying and subject thereto. As to one moiety of the residuary trust funds In trust to pay the income thereof to my daughter
- Margaret Jane for her life for her sole and separate use without power of anticipation. And after her decease In trust for the children of my said daughter who shall attain the age of Twenty one years or marry with lawful consent in equal shares and if there be only one such child the whole to be in trust for that one child And as to the other moiety of the residuary trust funds and the income thereof the same shall be Upon such and the same trusts for the benefit
- of my daughter Sarah Hannah and her children and other issue with such and the same powers, provisos and restrictions as are hereinbefore contained with respect to the bequest of the other moiety of the said residuary trust funds hereinbefore made to for or in trust for my said daughter Margaret Jane and her children and other issue And in case of the death of both of my said daughters unmarried the residuary trust funds shall be divided among my
- said three sons in equal shares Provided always and I hereby declare that if any child of mine shall die in my lifetime leaving issue who shall attain the age of Twenty one years or marry with lawful consent then and in every such case such issue shall take (and if more than one equally between them) the share or legacy to which his, her or their parent would have been entitled if such parent had survived me and lived to attain a vested interest in
- the said trust funds or to receive payment of his legacy I declare that all monies liable to be invested under this my Will shall be invested in or upon some or one of the securities in which Trustees in England may for the time being legally invest trust funds except as to the sum of Six thousand pounds hereinafter mentioned or in or upon any of the securities of the River Wear Commissioners or the Mayor, Alderman, and Burgesses of Sunderland such stocks, funds, or securities to
- be from time to time varied or transferred for or into others of a similar nature and so often as occasion shall require and that any such investment or change of investment as aforesaid may be made with out the consent of any person whomsoever And in lending money on any Mortgage Security my Trustees may accept whatever title or evidence of title shall appear to them sufficient without being answerable for any loss arising thereby and my Trustees may release any part of the property
- comprised in any Mortgage Security if satisfied that the remaining property is a sufficient security for the money owing thereon And I expressly direct and empower my Trustees at their discretion to retain the sum of Six Thousand pounds which I have given to them by way of legacy for their business purposes and to pay interest for the loan of the said sum or on so much as they may so retain at the rate of Five pounds per centum per annum until the said legacies become payable to them as aforesaid
- and which said sum, if so retained at interest as aforesaid shall be the only part of my said residuary trust funds that shall be liable to pay the legacies to my said sons or their issue as aforesaid. And I also declare that my Trustees may at their discretion raise any part or parts not exceeding together one moiety of the expectant share of any grandchild under this my Will and apply the same for his or her advancement preferment
- or benefit as my Trustees shall think fit And I also declare that my Trustees may postpone the sale and conversion of my real and personal estate or any part thereof for as long as they shall think fit without being responsible for any loss resulting therefrom although the same may be invested in shipping as I do not wish them to sell at a sacrifice if in their discretion they think it advisable to allow it to remain so invested and that the rents profits and income to accrue from and after my decease
- of and from such part of my estate shall for the time being remain unsold and unconverted shall after payment thereout of all incidental expense and outgoings be paid and applied to the person or persons and in the manner to whom and in which the income of the moneys produced by such sale and conversion would for the time being be payable or applicable under this my Will if such sale and conversion had been actually made and I also declare that each of my Trustees shall
- be answerable only for losses arising from his own acts and defaults and not for involuntary losses or for acts and defaults of his co-trustees and particularly that any of my said Trustees who shall pay over to his co-trustee or do or concur in doing any act enabling his co-trustee to receive any monies shall not be obliged to see to the due application thereof nor shall such Trustee be subsequently rendered responsible
- by express notice or intimation the actual misapplication of the same monies but this clause shall not restrict the power of any of my Trustees to require from any of his co-trustees an account of the application of monies received by them or him or of my said trust Estate or to insist on the replacement of any misapplied moneys. In Witness whereof I have hereunto set my hand to this and the four preceding sheets of paper the day and year first hereinbefore written.
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Signed and Declared by the said
Testator Joseph Lowes Thompson, Senior Joseph L Thompson Senr
as and for his last Will and Testament in
the presence of us (both being 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
Kelso Storey
Solicitor, Sunderland
Thomas D. Shaw
His Clerk