The Will of Robert Thompson 1797 - 1860  Dated 10 Feb 1860
(Note: Some Punctuation, Highlighting, and space added for clarity.)


This is the last Will and Testament of Robert Thompson of Fulwell West House in the County of Durham, Shipbuilder.

I give and bequeath, all and singular, the Household, Furniture, Plate, Linen, China, Glass, Books, Pictures, Wines, Spirits, and other consumable articles, and all other Goods, Chattels, and Effects, whatsoever, whether useful or ornamental, in or about my place of Residence, at the time of my decease (Save and Except only Deeds moneys and Securities for money) unto my dear wife. To Hold such part thereof, as are of a consumable nature for her own absolute use, and the remainder for her natural life. And I give devise and bequeath all my real Estate and all my Ships or Shares of Ships, Moneys, Securities, and other personal Estate, whatsoever and wheresoever, which I shall die possessed of, entitled to, or over which I have any testamentary power of disposition, (and not hereinbefore specifically bequeathed).

And also after the decease of my said Wife, my said Household Furniture and other, the premises bequeathed to her for her life, unto and to the use of my Sons Robert Thompson and John Thompson and my Son-in-Law Walter Scott Russell, their Heirs, Executors, Administrators, and Assigns, according to the different natures of the property,

Upon Trust, as soon as convenient, to sell, call in, or otherwise convert into money, all or any part or parts of such real or personal Estates respectively, any such Sale or Sales being by public auction or private contract, Subject to such conditions, and in such manner in all respects (Except as hereinafter mentioned) as my said Trustees shall think proper, with full power from time to time to buy in the premises offered for Sale, at any such auction or auctions, or any part or parts thereof, or to rescind any Contract for the Sale thereof, or of any part or parts thereof, and afterwards to resell the same in either of the ways aforesaid without being responsible for any loss or diminution of price that may be thereby occasioned

Provided always and I declare and direct that in case I shall be engaged in Shipbuilding in Co partnership with any one or more of my Sons at the time of my decease, my said Trustees shall offer my Share and Interest in the Partnership Estate and Effects to such Son or Sons, at a valuation to be ascertained by two indifferent persons, one to be chosen by my said sons, and the other by my Trustees, or such one or more of them as shall

not be such partner or partners and the two values so chosen as aforesaid may appoint a third or Umpire and such offer shall be made to my said Sons within two calendar months after my decease ,who shall have one calendar month thereafter to elect whether they will or will not accept such offer.

And I declare and direct that the moneys to arise from such sales, callings in, or conversion as aforesaid or any other moneys coming to the hands to my said Trustees by virtue of this my Will, shall from time to time be laid out or invested by and in the names of my said Trustees at their discretion, in or upon some or one of the parliamentary Stocks or public funds of Great Britain, or the East Indies, or on Government or real Securities, or on the Debentures of any Railway Company or Companies in Great Britain, or in the purchase of or Mortgage upon any guarantee or preference Shares or Stock of such company or companies all such Stocks, Funds, Securities, or investments to be from time to time varied or transposed for or into others of a similar nature when and as often as occasion shall require and my said Trustees shall think fit.

And I declare that my said Trustees shall stand possessed of, or interested in, my said real and personal Estate, and the proceeds thereof, and the moneys, Stocks, Funds, Securities, or investments in or upon which, the same or any part or parts thereof, shall, or may for the time being, be laid out, or invested, or of which the same or any part, or parts thereof, may consist, and all of which real and personal Estate proceeds, money, Stocks, Funds, Securities, and investments are hereinafter for brevity termed "the said trust premises" and the rents, interest, dividends, and yearly produce thereof, are hereinafter for brevity termed "yearly produce" Upon Trust in the first place for payment thereout of my just debts and funeral and testamentary Expenses.

And to pay to my said Wife and Six Daughters hereinafter named, the Sum of One hundred and fifty pounds Sterling, to be equally divided amongst them for the purpose of buying mourning, and which sum I direct to be paid within one calendar month after my decease.

And subject thereto Upon Trust by and out of the yearly produce of the said trust premises to pay unto my said Wife during the term of her life, one annuity, or yearly sum of one hundred pounds sterling, by four equal quarterly payments, the first quarterly payment thereof to be made at the expiration of one calendar month after my decease such annuity to be received by her in lieu and satisfaction of all dower thirds and free bench And after her decease I direct that the said Annuity shall fall into and become part of the said trust premises

And in the next place Upon Trust, by and out of the yearly produce to pay unto or otherwise apply for the benefit of my Son Benjamin Lows Thompson the sum of Twenty Shillings per week, weekly and every week during his life and also such reasonable Sum as may by my Trustees from time to time be considered necessary for clothing my said Son and for Medicine and Medical attendance and advise to or for my said Son

And as to for and concerning the rest residue and remainder of the said trust premises including the principal moneys necessary to meet the before mentioned annuity and weekly Sum and other Sums after the decease of my said Wife and Son respectively I direct that my said Trustees shall stand and be possessed thereof Upon Trust to divide the yearly produce thereof into six equal parts or Shares

And as to one equal sixth part or Share of such yearly produce thereout to pay to my Daughter Mary Ann Thompson one annuity or yearly Sum of Seventy pounds Sterling until she shall attain the age of Forty years or be married and to accumulate the residue of such one sixth part or Share and invest the same from time to time in manner and upon any of the Securities hereinbefore mentioned

And on my said Daughter marrying or attaining the said age of Forty years, to pay to her all such accumulation with the Interest accrued thereon, And thereafter to pay to her in lieu of the said Annuity of Seventy pounds, one sixth part or Share of the said yearly produce during the remainder of her life

And as to one other equal sixth part, or Share of such yearly produce thereout, to pay to my Daughter Martha Ann Lows Thompson, one Annuity or yearly Sum of Seventy pounds Sterling, until she shall attain the age of Forty years or be married, And to accumulate the residue of such last mentioned one sixth part or Share, and invest the same from time to time, in manner and upon, any of the Securities hereinbefore mentioned,

And on my said last mentioned Daughter marrying or attaining the age of Forty years to pay to her all such accumulations with the Interest accrued thereon And thereafter to pay to her in lieu of the said annuity of Seventy pounds one sixth part or share of the said yearly produce during the remainder of her life

And as to the remaining four equal sixth parts or Shares of the said yearly produce of the said trust premises I direct my said Trustees to pay to each of my four Daughters;

Sarah Brown Wife of James Brown, Margaret Russell Wife of Walter Scott Russell, Elizabeth Robson Wife of James Robson, and Jane Wood Wife of George Wood,

during her life one equal fourth part or Share thereof,

And after the decease of any of my Daughters, I give and bequeath one sixth part or Share of the said trust premises to all and every here present and future born children who being a Son or Sons shall attain the age of twenty one years or who being a Daughter or Daughters shall attain that age or marry, in equal shares as tenants in common and if only one such child then to that one Child,

Provided always that if any of my Daughters shall die without leaving Child, children, or Issue, who live to attain a vested Interest in the said trust premises, such Daughter or Daughters whether Covert or Sole may by Deed or Will, appoint the Share or Interest in the said premises, which the child or Children or Issue of such Daughter, if any, would have taken, under this my will, to any one or more of my said Daughters for her or their life or lives, and after her, their decease or without giving such life Estate to and amongst such one or more of the Child, Children, or Issue of any one or more my Daughters or Sons and in such Shares if more than one, and to be vested and payable at such ages days and times, and with similar provisions for maintenance and advancement as are herein contained,

Provided also that if any of my said Daughters shall die without leaving any Child, Children, or Issue, living at the time of her decease, or leaving such and they he or she shall not live to attain a vested Interest in the said trust premises and without having made such appointments as aforesaid, then the Share intended for the Children or Issue of such deceased Daughter as well original as accruing in the said trust premises shall be held upon the same trusts for the benefit of my surviving Daughters or Daughter and their or her children on issue as are hereinbefore declared concerning their other Shares of and in the said trust premises,

And I hereby declare and direct that every annuity Estate and Interest given by this my will to my wife and Daughters respectively shall be for their sole and separate use free from the debts engagements or control of any Husband or Husbands, and without power of anticipating or disposing thereof, And that the Share of the said trust premises of any of the children or Issue of my said Daughters who shall be a female shall be for her or their sole and separate use free from the debts engagements or control of any Husband or Husbands,

And I declare that my trustee shall pay to my said Daughters Mary Ann Thompson and Martha Ann Lows Thompson the annuities hereby given to them by four equal quarterly payments the first of such quarterly payments to be made at the expiration of Three Months after my decease,

And shall pay the said yearly produce to my said Daughters by equal half yearly payments the first of such payments to my said four married daughters to be made at the expiration of Six calendar Months after my decease and to my said two unmarried Daughters at the expiration of Six calendar months from the time the last preceding quarters' annuity shall have been payable,

Provided also, and I hereby further direct that in case any Daughters of mine shall die leaving any Child or Children, who being a Son or Sons, shall be under the age of twenty one years, or who being a Daughter or Daughters, shall be under that age and unmarried, it shall be lawful for my said trustees to pay such part of the yearly income arising from the presumptive Shares of such child or children as my said Trustees shall think fit towards their maintenance and education, and shall apply the surplus if any in augmentation of the Share or Shares from which the same shall have arisen, And I hereby authorize my said Trustees if they shall think proper so to do to pay the moneys for such maintenance and education to the father of any such child, if he shall be then living without any regards as to the ability of such Father to defray the expenses of maintenance and education of his said Children or otherwise, And I hereby further authorize and empower my said Trustees with the consent of the parents or surviving parent of the child or children of any Daughter or Daughters of mine, during the lives or life of such parent, and after the decease of the Survivor of them, at the discretion of the said Trustees to advance any Sum or Sums of money, not exceeding in the whole one third part of the capital of the presumptive Share or Shares of such Child or Children, for the purpose of placing him, her, or them, in or to any profession, Trade, or Business, or employment, or advancement in the world,

Provided always, that my said Trustees respectively shall be chargeable for so much money as they respectively shall actually receive, by virtue of this my will, or the Trusts or powers aforesaid, notwithstanding their joining in receipts or other Acts for conformity, and shall be answerable for their own respective Acts, receipts, neglects, and defaults only, and shall not be answerable for any loss or damage which may happen in the execution of any of the aforesaid trusts, or powers, in relation thereto, unless the same shall happen by or through their own respective willful act, neglect, or default, and that they respectively shall and may, by and out of the said trust premises, retain and reimburse themselves respectively, and allow to each other, all losses, costs, damages, and Expenses which they respectively shall sustain or be put unto, and which in any other capacity, and if not Trustees, they respectively might reasonably charge and receive on account, or by reason or in consequence of any of the Trusts or powers herein contained, or the execution thereof, or otherwise howsoever relating thereto,

Provided also and I further declare that it shall be lawful for my said Trustees hereinbefore named, or such of them as shall accept the trusts of this my will, or for the Survivors or Survivor of them, and after the death of such Survivor for the acting Trustees or Trustee hereof, and as to any sole surviving Trustee, whether he shall be accepting, disclaiming, continuing, or retiring, or for the Executors or the Administrators of the last surviving or acting Trustee, by any writing under their or his hands or hand, attested by one witness or more, from time to time and at any time or times after my decease, to appoint a new Trustee or Trustees for the purposes of this my will,

if my said Trustees hereinbefore named, or any or either of them, shall die in my lifetime, or if and when after my decease my said Trustees or any or either of them or any other Trustees or Trustee for the time being hereof, shall die, disclaim, or desire to be discharged from, or refuse, neglect, or become incapable, or unfit to act in, the trusts or powers herein declared and contained, or shall go to reside beyond the jurisdiction of the Court of Chancery of England, before the same trusts or powers shall be fully performed or satisfied, and that on every such appointment, all the trusts, Estates, and premises, shall be conveyed, and transferred to and legally vested in the new Trustee or Trustees solely, or jointly with the former and continuing Trustees or Trustee, as occasion may require, upon and with the trusts and powers aforesaid, or such of them as shall be then subsisting undetermined and capable of taking effect

And that all and singular the trusts, powers, directions, discretions, and indemnities herein declared and contained, and having reference to any Trustees hereinbefore named, or my Trustees generally, shall be deemed to have reference to, and may be performed and executed, and made available by the Survivors or Survivor of them, or the Executors or Administrators of such Survivor, or their or his assigns, or other the Trustees or Sole Trustee for the time being of this my will.

And I give devise and bequeath all the real and personal Estate and Effects, whatsoever and wheresoever, of or to which I shall die possessed, or entitled as mortgagee or Trustee, and over which I have any testamentary power of disposition, unto and to the use of, the said Robert Thompson, John Thompson and Walter Scott Russell, their Heirs, Executors, Administrators, and Assigns, according to the nature of the property Upon Trust, to dispose thereof as the Equities affecting the same may require.

And appoint the said Robert Thompson John Thompson and Walter Scott Russell Executors of this my will.

And I hereby revoke all other wills, Codicils, and testamentary dispositions whatsoever, by me, at any time heretofore made or published.

In witness whereof I, the said Robert Thompson, have to this my last and only will and Testament, contained in this and the five preceding sheets of paper, set my Hand, this tenth day of February in the year of our Lord One Thousand eight hundred and sixty.
Robert Thompson

Signed published and declared by the said Robert Thompson, the Testator, as and for his last and only will and Testament, in the presence of us, who in his presence at his request, and in the presence of each other, have hereunto subscribed our names as witnesses.
Thomas Burn Jr., Attorney & Notary Sunderland.
Joseph Graham, Timber Merchant Sunderland


On the 16h day of January 1861, The will of Robert Thompson, late of Fulwell West House in the County of Durham, Shipbuilder, deceased, was Proved by the oaths of Robert Thompson, of Monkwearmouth Shore in the said County of Durham, Shipbuilder, John Thompson, of the same place, Shipbuilder, the sons, and Walter Scott Russell, also of the same place, Commercial Traveler, the Executors therein named, they having been first Sworn duly to administer.

Effects under £ 2,000.

Probate extracted by
Messrs. A. I. W. Moore, Socrs. Sunderland