The Will of Joseph Lowes Thompson 1853 - 1903          Dated 24 June 1903
(Note: Some Punctuation, Highlighting, and space added for clarity.)


This is the last Will and Testament of me, Joseph Lowes Thompson of the County Borough of Sunderland, and of Westholm Hall Winston on Tees, both in the County of Durham, Shipbuilder, made this twenty fourth day of June one thousand nine hundred and three.

  1. I revoke all former Wills.

  2. I appoint my wife Mary Ann, and my brother in law Alfred Dickinson, of Sunderland aforesaid Engine Builder, and Leonard Scott Iliff of Sunderland aforesaid Solicitor, and my brothers Robert and Charles Elliot, to be Executors and Trustees of this my will, and they and the survivors and survivor of them and the Executors of such survivor or other the trustees for the time being hereof, or hereinafter called my trustees.

  3. I bequeath the household furniture, plate, linen, china, books, letters, papers, pictures, ornaments, carriages, horses, stable utensils, and all wines and consumable stores, and all household and other effects, which may be in or about, or used in connection, with all my residences unto my wife absolutely.

  4. I bequeath to my Wife five hundred pounds for her immediate occasions to be paid within one calendar month from my decease.

  5. I bequeath to each of my half sisters Margaret Jane Humphrey and Sarah Hannah Evans the sum of one thousand pounds free of legacy duty.

  6. I bequeath to each of my domestic servants (male or female) who shall be in my service at the time of my death and shall have been so continuously for a period of three years previously thereto a legacy free of legacy duty to be calculated as follows. For each and every full year of such service Five pounds. The number of years for this purpose to be calculated from the time when such servant first entered my service.

  7. I give devise and bequeath to my trustees all my real, and the residue of my personal estate, upon trust, to sell, call in, and convert the same into money (subject nevertheless with respect to my Estates at Westholm and Newsham Grange and my Shipyard and other investments so the provision relating thereto hereinafter contained), and after payment thereout of my just debts and funeral and testamentary expenses and the aforesaid legacies, to invest the surplus and to stand possessed thereof hereinafter called my Trust Estate Upon the trusts following.

  8. Upon trust to pay the annual income thereof, to my Wife, for her life, for her sole and separate use, without power of anticipation. And after her decease, the said Trust Estate shall be in trust for my daughter Nora, absolutely to be vested when she shall attain the age of twenty five years, or shall marry under that age, with the consent in writing of my said wife if living, or if she be dead, then with the consent in writing of the guardian (if any) appointed by the last Will of my said Wife, whichever event shall first happen.

  9. And if my said daughter should not attain a vested interest in my Trust Estate, then the same (after the decease of my said Wife, and subject to the provisions of the next paragraph hereof) shall be Upon Trust for such of my said brothers Robert and Charles Elliot and their children and remoter issue if any (such children and remoter issue being born in the lifetime of my said Wife) or any one or more of them, exclusively of the other, or others of them, in such shares and in such manner and times, and generally in all respects as my said Wife shall by deed or Will appoint, and in default of such appointment, and so far as any such appointment shall not extend In Trust for my said two brothers in equal shares.

  10. Provided always that if my said daughter Nora shall die in my lifetime, or after my decease, without having attained a vested interest in my Trust Estate, or if either of my said half sisters shall die in my lifetime, leaving a child or children her surviving, who shall survive me, and being sons or a son, shall attain the age of twenty one years, or being daughters or a daughter, shall attain that age or marry, whichever shall first happen, then such child or children shall take, and if more than one, in equal shares the Trust Estate, or legacy respectively hereinbefore given to his, her, or their parent.

  11. I declare that my Trustees shall retain one Moiety of the Trust Estate given to my said daughter Nora by this my Will, when the same shall have vested and become payable Upon Trust, to invest the same, and to pay the income thereof to her during her life, and so that if and whilst she shall be under coverture, the same shall be for her separate use without power of anticipation.

    And from and after her decease the capitol moneys shall be in Trust for her child, children, or remoter issue, such remoter issue being born in her lifetime, in such shares, and in such manner as she shall by deed or Will appoint. And in default of such appointment, and so far as any such appointment shall not extend In Trust for all the children of my said daughter, who being sons or a son, attain the age of twenty one years, or being daughters, or a daughter, attain that age or marry, whichever shall first happen, in equal shares.

    And if there shall be only one such child, the whole to be In Trust for that one child.

    And in case there should be no such child, the same shall be upon such trusts and in such manner as my said daughter shall, by her last Will, or by Deed (If not under coverture) appoint, and in default of such appointment, and so far as any such appointment shall not extend In Trust for the next of kin of such daughter, according to the Statutes of Distribution, as if she had died intestate without having been married.

  12. I declare that although I have thus hereby settled a portion only of my Trust Estate upon my said daughter, it is my earnest wish that she will be guided by the advice of my said wife, and the said Leonard Scott Iliff, as to the settlement of the remainder of her interest under my Will, if and when she shall marry.

  13. I declare that after the death of my said Wife, and until my said daughter Nora attains a vested interest hereunder, my Trustees may apply the whole or any part of the income of my Trust Estate, for, or towards her maintenance, education, advancement preference or benefit, generally with liberty to pay the same to her guardian, and without being liable to see to the application thereof, and shall accumulate any surplus income and add the same to the capitol of my Trust Estate, with liberty to resort at anytime to the accumulations of any preceding year or years for the like purposes.

  14. I also declare that my Trustees may at any time or times (but during the life of my wife, with her consent) raise any part or parts, not exceeding together one moiety of the expectant share of any child or grandchild of mine under this my Will, and apply the same for his or her advancement preferment or benefit in such manner as my Trustees shall think fit.

  15. I also declare that my Trustees may postpone the conversion of my real and personal estate, or any part thereof, for as long as they shall think fit, and may retain as permanent investments, any which may be existing at the time of my decease, including my estates at Westholm and Newsham Grange, my debentures, and shares, and other interest, if any, in the firms of Joseph L. Thompson & Sons Limited, and The Sunderland Forge and Engineering Company Limited, without being responsible for any loss which may be occasioned thereby, and that the income of such part of my Estate as shall remain unsold and unconverted, shall be paid and applied to the person or persons, and in the manner to whom and in which the income of the proceeds of such sale and conversion would, for the time being be payable, if such sale and conversion had been actually made.

    And it is my desire that my said daughter may have the option of taking my said Estates at Westholm and Newsham Grange in their unconverted condition, and that my Wife, during her life, shall use, occupy, and enjoy the same without impeachment of waste.

  16. I direct that all moneys which shall come to the hands of my Trustees for investment may (in addition to the investments authorised by law) be invested in or upon any stocks, funds, shares, debentures, or other securities of the River Wear Commissioners, River Tyne Commissioners, the Sunderland Gas Company, The Sunderland and South Shields Water Company, the Corporations of Sunderland, Newcastle upon Tyne, Gateshead, and South Shields, whether or not the same may be at a premium.

  17. I direct that the Estate Duty Settlement, Estate Duty and Legacy Duty becoming payable on my death shall be borne and paid entirely by the personal estate in existence at the time of my death.

  18. I declare that the power of appointing new Trustees of this my Will shall be vested in my Wife during her life.

In witness whereof I have hereunto set my hand the day and year first before written - Joseph L. Thompson

Signed by the said testator Joseph Lowes Thompson, and by him published and declared as and to be his last Will and Testament, in the presence of us both being present at the same time who in his presence at his request and in the presence of each other, have hereunto set our names as witnesses:
L. S. Iliff, Solicitor, Sunderland
Andrew F. Watson, clerk to Messers Simey Son & Iliff, Solicitors, Sunderland


This is a Codicil to the last Will of me Joseph Lowes Thompson of the County Borough of Sunderland and of Westholm Hall, Winston on Tees, both in the County of Durham, Shipbuilder, which Will bears the date 24th day of June 1908.

I revoke the appointment of my brother Robert as an Executor and Trustee of my Will, and state that my reason for so doing is that his health is not sufficiently robust to justify me in imposing upon him the burden of my own affairs.

In all other respects I confirm my said will. in witness whereof I have set my hand this Twenty fourth day of August one thousand nine hundred and three - Joseph L. Thompson

Signed published and declared by the said Joseph Lowes Thompson, as and for a Codicil to his last Will and Testament in the presence of us, present at the same time, who in his presence at his request and in the presence of each other, have hereunto set and subscribed our names as witnesses:
Henry Appleton, Westholm, Winston on Tees
L. S. Iliff, Solicitor, Sunderland


On the 17th day of February 1904 Probate of this will, with one codicil was granted at Durham to Mary Ann Thompson, Alfred Dickinson, Leonard Scott Iliff, and Charles Elliot Thompson, the executors.