Robert Thompson  


The Will of Robert Thompson 1819 - 1910 Dated 28 Sept 1906
(Note: Some Punctuation, Highlighting, and space added for clarity.)

This is the last will of me Robert Thompson of Whitburn West Hall in the County of Durham. I made this twenty eighth day of September One Thousand Nine Hundred and Six.

  1. I revoke all former wills and testamentary declarations.

  2. I appoint my sons Richard Charles Thompson, Joseph Lowes Thompson, and Viginti Tertius Thompson, and my son in law Henry Hay Wake to be the Executors and Trustees of this my Will, and they and the survivors and survivor of them and the Executors and Trustees for the time being of my Will, are hereinafter called my Trustees.

  3. I direct that my just debts and funeral and testamentary expenses shall be paid as soon as conveniently may be, after my death.

  4. I give to my dear Wife Lillias Scott Thompson a legacy of five hundred pounds to be paid to her as soon as conveniently may be, after my death.

  5. I bequeath a legacy of one thousand pounds to my daughter Sarah Elizabeth Culliford, and a legacy of one thousand pounds to the said Henry Hay Wake, and a legacy of one thousand pounds to my daughter Mabel Briggs.

  6. I decree my Trustees to permit my said Wife to occupy my dwelling house West Hall with the grounds and appurtenances, and to use my household furniture, plate, linen, china, books, pictures, works of art, and other household chattels and effects (hereinafter called my household objects) and to use my carriages and horses, and to use and consume the wines, spirits, provisions and consumable stores at West Hall, for a period of not more than twelve calendar months from my death, rent free, my trustees defraying out of my estate, the cost of keeping up the establishment at West Hall, including the provision and upkeep of carriages, horses, servants, and household expenses during the period of such occupation, and at the termination thereof, I desire that my Wife shall be at liberty to select and take for herself, any of my household objects not exceeding a total value of three hundred pounds, and that the remainder of my household objects and my carriages, horses, wines, spirits, provisions, and consumable stores shall be sold, and the proceeds shall form part of my residuary Estate.

  7. I direct my Trustees to pay to my said Wife, for her life, so long as she remains my widow out of the income of my residuary estate hereinafter mentioned, an annual sum of seven hundred and fifty pounds by equal quarterly payments, the first payment uttered is to be made at the expiration of three calendar months from my death, and I further decree that no purchaser of any part of my real or personal estate shall be entitled or concerned to inquire whether my Trustees have or have not made due provision for the payment of the said annual sum, and I also direct that my Trustees shall not be bound to appropriate any special fund to answer the said annuity, though they shall be at liberty to do so if they consider it desirable to do so.

  8. I devise to my son James Elliot Thompson all my ground rents hereinafter specified, together with the full receipt of all provisions in the ground deeds reserving the same, including all contingent and final rents arising out of, or charged upon the following properties at Southwick, in the County of Durham; namely numbers 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, and 25 The Terrace, numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 18 S????? Street, and numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 13 Thirlwell Terrace, and I decree that my Trustees shall collect the half year ground rents respectively and for the half year current at the time of my death and apportion the same between my Estate and the said James Elliot Thompson proportionately according to the number of days, the future collections to be made by the said James Elliot Thompson for his own sole use and benefit, and I also devise to my said son James Elliot Thompson free of ground rent, all the pieces of ground with the erections and buildings thereon situate at Southwick aforesaid and respectively known as number 1 The Terrace, number 1a The Terrace, number 1c South Terrace, number 2 the Terrace, number 16 The Terrace, number 16a The Terrace, number 1 South Terrace, and number 3 South Terrace, and I direct my Trustees to prepare and execute conveyances of the last mentioned properties to the said James Elliot Thompson. in all cases where no separate title deeds are in existence at the time of my death and that the dimensions and boundaries of the said properties shall, in case of dispute be fixed by my Trustees having regard to the manner in which the same have been heretofore occupied by my tenants thereof respectively.

  9. I give, devise, and bequeath all my real and personal estate(not herein before disposed of) whatsoever and wheresoever and of whatsoever nature or kind unto my Trustees upon the trust hereinafter declared.

  10. Upon trust that they shall sell and convert the same into money ( or so much as shall be necessary to carry out the trust hereof and except, and subject as to, my West Hall Estate, to the directions herein contained.) such sale or sales to be at such time, and in such manner as my Trustees shall in their uncontrolled discretion think fit, and with power for them to postpone such sale or sales for so long as they shall, in such desecration think proper, and that my Trustees shall apply the moneys to arise from such sale or conversion in manner hereinafter mentioned namely;

  11. In the first place, my Trustees shall raise and set apart the sum of twelve thousand five hundred pounds and invest the same for the benefit of my son James Elliot Thompson, and his issue, as is hereinafter more particularly mentioned.

  12. In the second place my Trustees shall raise and set apart the sum of Seven thousand five hundred pounds and invest the same for the benefit of my daughter Sarah Elizabeth Culliford and her issue as is hereinafter more particularly mentioned.

  13. In the third place, my Trustees shall raise and set apart the sum of six thousand three hundred pounds and invest the same for the benefit of the said Henry Hay Wake and the issue of my late daughter Isabella Wake as is hereinafter more particularly mentioned.

  14. In the fourth place, my Trustees shall raise and set apart the sum of five thousand pounds, and pay the same to such of my two grandsons Harry Nash Thompson, and George Thompson, sons of my late son Harry Thompson, as shall attain the age of twenty five years, in equal shares of more than one and if there shall be only one such then the whole sum of five thousand pounds to go to him. But if neither of them, the said Harry Nash Thompson, and George Thompson, shall live to attain the age of twenty five years, then the said sum of five thousand pounds shall be trust for my said three sons, Richard Charles Thompson, Joseph Lowes Thompson, and Viginti Tertius Thompson, in equal shares, and I direct that until each such grandson shall attain the age of twenty five years, my Trustees shall pay to him, or apply for his maintenance or benefit, as they shall think fit, a sum not exceeding one hundred and fifty pounds per annum, provided that if one of my said grandsons shall die under the age of twenty five years, my trustees shall pay or apply as aforesaid for the benefit of the other of them so long as such last mentioned grandson shall be under the age of twenty five years, a sum not exceeding two hundred pounds per annum, in lieu of the sum of one hundred and fifty pounds. I declare that such annual sum shall be raised out of the income of the said sum of five thousand pounds, and if such income shall be insufficient for the purpose, the deficiency shall be made good out of my residuary estate.

  15. And subject as aforesaid I declare and direct that all the rest, residual, and remainder of my estate, (hereinafter called my residuary estate) shall be held by my trustees upon trust for my three sons, Richard Charles Thompson, Joseph Lowes Thompson, and Viginti Tertius Thompson in equal shares.

  16. I expressly declare and direct that in the division of my residuary estate between my said three sons, that my sons Richard Charles Thompson and Joseph Lowes Thompson shall be entitled to take, as part of their shares, and equally between them, all or any part of my Southwick property, except those parts hereinbefore given to my son James Elliot Thompson , and that the values to be placed upon such property, so taken for the purposes of the division of my residuary estate, between the said Richard Charles Thompson, Joseph Lowes Thompson, and Viginti Tertius Thompson, shall be the values placed by me upon the said property in my private books. At the time of my death and in like manner, I declare and direct that my son Viginti Tertius Thompson shall be entitled to take as part of his share, all or any of my shares, mortgages, or debentures, in ships or shipping companies, and the value of such for the purposes of division, shall in case of disagreement, be the value put upon them by an independent valuer to be appointed by the said Henry Hay Wake.

  17. I direct that the sum of four thousand pounds advanced by me to my son Viginti Tertius Thompson or so much thereof as shall be owing at my decease shall, with the interest due thereon, be considered as part of my estate and shall be brought into account by such son in the division of my estate.

  18. I declare it to be my earnest desire that my three sons, Richard Charles Thompson, Joseph Lowes Thompson, and Viginti Tertius Thompson, shall not part with their shares in the West Hall Estate to any stranger, but that they will so arrange the division of my residuary estate amongst themselves, that the West Hall Estate shall be left in the family as long as possible, and I trust their respect to my memory to carry out this expression of my wish, although it be not legally binding upon them.

  19. I declare that all Estate duty, Settlement Estate duty, and other death duties payable under this my Will, shall be wholly borne and paid out of my residuary estate.

  20. I declare that the said sum of twelve thousand five hundred pounds hereinbefore directed to be raised for the benefit of my said son James Elliot Thompson and his issue shall be held by my Trustees upon the following trust, namely upon trust to invest the same and to pay the annual income thereof to the said James Elliot Thompson until by his own act or by operation of law or by his death or otherwise he shall cease to be entitled to receive and retain the same for his own absolute use and benefit and subject thereto the said sum of twelve thousand five hundred pounds shall be in trust for all or any one or more exclusively of the children or other issue of the said James Elliot Thompson ( such remoter issue being born in his lifetime) in such share or shares at such time or times (not later than attaining the age of twenty one years) subject to such conditions and in such manner in all respects as he shall by Will or codicil direct or appoint and in default of and subject to every such direction or appointment in Trust for all the children of the said James Elliot Thompson who shall survive him and being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under it with lawful consent if more than one in equal shares. Provided that if any child of the said James Elliot Thompson shall die, or shall have died in my lifetime or in the lifetime of the said James Elliot Thompson leaving a child or children who being a son or sons shall attain the age of twenty one years, or being a daughter or daughters shall attain that age or marry under it then such last mentioned child or children shall take, and if more than one in equal shares, the share which his/her or their parent would have taken if such parent had lived if such parent had lived to attain a vested interest under this my will, and if there shall be no such child or remoter issue to take under the aforesaid provisions then the same sum of twelve thousand five hundred pounds shall be in trust for my said three sons, Richard Charles Thompson, Joseph Lowes Thompson, and Viginti Tertius Thompson in equal shares.

  21. I declare that the said sum of seven thousand five hundred pounds hereinbefore directed to be raised for the benefit of my said daughter Sarah Elizabeth Culliford and her issue, shall be held by my trustees upon the following trust: namely upon trust to invest the same and to pay the annual income thereof to the said Sarah Elizabeth Culliford for her life, for her sole and separate use, without power of anticipation, and from and after her death, the said income shall be upon such trusts as she shall, by Will or codicil direct and appoint, for the benefit of any then surviving husband, or sons (born in my lifetime) for his life or for any less period, and in any event until by his own act, operation of law, or otherwise, he shall cease to be entitled to receive and retain the same for his own absolute use and benefit, and in default of, and subject to, any such appointment, the said sum of seven thousand five hundred pounds shall be in trust, for all or any one or more, exclusively of the children or other issue of the said Sarah Elizabeth Culliford (such remoter issue being born in her lifetime), in such share or shares at such time or times (not later than attaining the age of twenty one years), subject to such conditions and in such manner, in all respects as she shall, by will or codicil, direct or appoint and in default of and subject to every such direction or appointment in trust for all the children of the said Sarah Elizabeth Culliford who shall survive her, and being a son or sons, shall attain the age of twenty one years, or being a daughter, or daughters shall attain that age, or marry under it with lawful consent, of more than one in equal shares provided that if any child of the said Sarah Elizabeth Culliford shall die, or shall have died in my lifetime or in her lifetime leaving a child or children, who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under it, then such last mentioned child or children shall take, and if more than one, equally between them, the share which his/her or their parent would have taken, if such parent had lived to attain a vested interest under this my will, and if there shall be no such child or remoter issue to take under the aforesaid provisions, then the said sum of seven thousand five hundred pounds shall be in trust for my said three sons Richard Charles Thompson, Joseph Lowes Thompson, and Viginti Tertius Thompson in equal shares.

  22. I declare that the said sum of six thousand three hundred pounds herein before directed to be raised for the benefit of the said Henry Hay Wake and the issue of my late daughter Isabella Wake shall be held by my trustees upon the following trust namely upon trust to invest the same and to pay the annual income thereof to the said Henry Hay Wake until by his own act, or by operation of law, or by his death or otherwise, he shall cease to be entitled to receive and retain the same for his own absolute use and benefit and subject therein the said sum of Six thousand three hundred pounds shall be in trust for all or any one or more exclusively of the children or other issue of the said Isabella Wake (such other issue to be born in the lifetime of the said Henry Hay Wake) in such share or shares at such time or times (not later than attaining the age of twenty one years) subject to such conditions and in such manner in all respects as the said Henry Hay Wake shall by will or codicil appoint and in default of and subject to every such direction and appointment in Trust for all the children of the said Isabella Wake who shall survive the said Henry Hay Wake and being a son or sons shall attain the age of twenty one years, or being a daughter, or daughters, shall attain that age or marry under it with lawful consent if more than one in equal shares, provided that if any child of the said Isabella Wake shall die, or shall have died in my lifetime or in the lifetime of the said Henry Hay Wake leaving a child or children who shall survive the said Henry Hay Wake and being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under it then such last mentioned child or children shall take (and if more than one equally between them) the share which his/her or their parents would have taken if such parent had lived to attain a vested interest under this my will and if there shall be no such child or remoter issue of the said Isabella Wake to take under the aforesaid provisions then the said sum of six thousand three hundred pounds shall be in trust for my said three sons Richard Charles Thompson, Joseph Lowes Thompson, and Viginti Tertius Thompson in equal shares.

  23. I direct that no grandchild or other issue of mine, who shall take under any appointment by will or codicil hereinbefore authorized to be made by the said James Elliot Thompson, Sarah Elizabeth Culliford, and Henry Hay Wake, or any of them, shall be entitled to share in the unappointed last of the fund, a part of which shall have been so appointed, without bringing the part so appointed, into hotchpot and accounting for the same accordingly unless such appointment shall otherwise direct.

  24. I empower my trustees at any time, at their discretion, to raise and pay, or apply, any part or parts not exceeding one third of any share, to which any grandchild of mine including the said Harry Nash Thompson and George Thompson, shall for the time being be actually or presumably or contingently entitled to, or for the advancement benefit or preferment in the world of such grandchild, and that any such payment or application shall be good and valid, even though such grandchild shall not live to attain a vested interest, but no such sum shall be so raised, paid, or applied without the consent in writing of the parent of such grandchild, if living.

  25. I declare that my trustees may permit my estate or any part or parts thereof to remain in or upon the state of investment hereof at the time of my death, and as long as they think proper without being responsible for any loss which may be occasioned thereby, and in particular may allow all loans or sums of money due to me from any of my sons, or from the firm of Robert Thompson & Sons or from the Limited Liability Company of Robert Thompson & Sons Limited, to remain outstanding for so long as my trustees in their uncontrolled discretion shall think proper, taking such security or no security at all as my trustees shall think fit. I expressly declare that such last mentioned loans and sums of money shall not be called in, in such a way or at such a time as to hamper or interfere with efficient carrying on of the business of my said sons, or any or either of them, or of the said firm, or Limited Liability Company, or any or either of them.

  26. I direct that until the said sums hereintofor directed to be raised and invested upon the trust hereintofor declared shall be fully invested the person respectively entitled for the time being to the income thereof shall receive out of my estate interest thereon or on the uninvested part thereof at the rate of three and a half percent per annum clear of income tax as from the day of my death.

  27. I direct that my trustees may invest all moneys hereby directed to be invested, in any stocks, funds, and securities, upon which trustees may for the time being, lawfully invest trust funds and in the mortgages, funds, securities, and loans (although the same may be at a premium) of any municipal corporation or county council in England and in the mortgages, bonds, debentures or other security of any public company or corporation in England authorized by special act of parliament or royal Charters, to borrow money, and in the mortgages, bonds, securities, and loans of the River Wear Commissioners, the River Tyne Commissioners, and in the ordinary stock or shares of the Great Northern Railway Company, the Northeastern Railway Company, the Midland Railway Company, the London Railway Company, and in the purchase of ground rent in England, and may vary and transpose all or any such securities, from time to time, when, and as often as my trustees shall think proper.

  28. I direct that my trustees or any one or more of them may at any time or times, purchase any part of my trust estate, at such price or prices, and subject to such conditions as my other trustees may in their uncontrolled discretion think proper; any statute or rule of law or equity to the contrary notwithstanding,

  29. I declare that my trustees may, in their uncontrolled discretion, instead of acting personally, employ and pay a solicitor or any other person, to transact any business or do any act of whatsoever nature required to be done in the premises, including the receipt and payment of money, and that any trustee for the time being a solicitor or other person engaged in any profession or business may be so employed or act, and shall be entitled to charge and be paid all professional or other charges, for any business or act done by him or his firm in connection with the trust, including acts which an Executor or trustee could have done personally.

  30. And lastly, I declare that in addition and without prejudice to such indemnity as my trustees may be otherwise entitled to, they shall not be responsible for the acts or defaults of any Banker, Broker, Auctioneer, Solicitor, or Agent with whom any moneys, securities, or papers belonging or relating to my estate may be entrusted, or deposited for investment or safe custody, or who may be allowed to receive the same in the course of the performance or execution of any of the trust or powers herein contained, or in the ordinary course of business, or who may be employed in or about the exercise or performance of any of such trusts and powers or any business connected therewith, nor shall my trustees be accountable for interest on any money so entrusted, deposited or received, unless interest be paid or allowed by the depositee or receiver thereof, and that if and so often as any of my trustees shall pay or deliver to, or permit to be received by, any co-trustee or co-trustees, any such moneys, securities, or papers as aforesaid in order that the same may be applied, disposed of, or held by such co-trustee or co-trustees, for the purposes of this my will, then the trustee or trustees making such payment or delivery or causing or permitting such receipt, shall not afterwards be responsible for, or under any obligation to see to, or "to inquire" into, the application, disposition, or safe custody thereof, or the truth or accuracy of any statement or representation made by his or their co-trustee or trustees, or any of them concerning the same, without prejudice nevertheless to the right and power of such trustee or trustees to see to, or inquire into, any of such matters, if he or they shall think proper to do so.

In witness thereof, I have hereunto set my hand, the day and year first before written - Robert Thompson

Signed by the said testator Robert Thompson, and by him published and declared as, and to be, his last will, in the presence, both being present at the same time, who in his presence at his request, and in the presence of each other, have hereunto subscribed our names as witnesses:
L. S. Iliff, Solicitor, Sunderland
Andrew F. Watson, Clerk to Messrs. Simey & Ileff, Solicitors, Sunderland

On the 27th day of July 1910, Probate of this will was granted at Durham to Richard Charles Thompson, Joseph Lowes Thompson, and Viginti Tertius Thompson, three of the Executors.