The Will of Robert Thompson 1850 - 1908 Dated 6 January 1904
(Note: Some Punctuation, Highlighting, and space added for clarity.)


This is the last Will and Testament of me, Robert Thompson of Over Dinsdale Hall, in the County of York, and of Langham Tower, Sunderland, in the County of Durham, Shipbuilder, J. P., made the sixth day of January one thousand nine hundred and four.

  1. I appoint my dear Wife Georgiana Thompson, and my sons Joseph Andrew, Robert Norman, and Stanley Miller, to be Executors and Trustees of this my Will, and I also appoint my son John Wyllie to be an Executor and Trustee of this my Will jointly with them, on attaining his majority, but so that the Trust Estate shall not vest in him until he attains the age of Twenty one years, and until that event, the other Executors and Trustees hereof, may act as fully and effectually as if they were the only Executors and Trustees of this my Will, and subject thereto, I declare that the expression " my Trustees" shall include the Executors and Trustees hereby appointed, and the survivors and survivor of them, and all persons hereafter appointed as Executors and Trustees hereof.

  2. I appoint my Wife during her life, and after her death, my Trustees to be the guardian and guardians of my infant children.

  3. I give and bequeath to my said Wife all my household furniture, plate, linen, china, jewelry, glass, books, pictures, prints, wines, liquors, consumable stores, and all other household effects, and all my carriages, horses harness and stable utensils, at or about, or used in conjunction with all my residences.

  4. I also bequeath to my said Wife a legacy of five hundred pounds for her immediate occasions to be paid within one calendar month after my death.

  5. I bequeath a legacy of five hundred pounds to my daughter Amelia Rachel Thompson, to vest and be payable on her attaining the age of twenty one years, and direct that she shall have the option of taking the same in cash or in fully paid up shares at par prices in the company of Joseph L. Thompson & Sons Limited.

  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 four years previous thereto, a legacy, free of 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 last entered my service. In the case of John Henry Horner, and Mrs. Horner, their previous service to be reckoned in as time served.

  7. And except, and subject to aforesaid, I give, devise, and bequeath to my Trustees all my real and personal estate hereinafter called my Trust Estate, Upon Trust, for my Wife, for her life, for her sole and separate use.

  8. And from and after her decease, I declare that my Trustees shall stand possessed of my Trust Estate.

  9. Upon Trust to set apart and invest upon securities authorised by paragraph 23 hereof, a sum of fifteen thousand pounds, and to stand possessed of the same Upon Trust to pay the income thereof to my daughter Amelia Rachel during her life, and so that if and whilst she shall be under coverture, that same shall be for her separate use without power of anticipation, with power nevertheless for her to appoint, by Will that after her decease, the whole or any part of such income shall be paid to any husband of her, who may survive her during his life or any less period. And from and after her decease, and subject to any appointment which may be made to her husband as aforesaid, the said sum of fifteen thousand pounds 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 shall be no such child, the same shall be 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.

  10. I declare with respect to the said sum of fifteen thousand pounds that my trustees shall, if my wife shall in writing so direct, raise and invest the said sum in the lifetime of my said wife, and thereupon the trusts contained in the last preceding paragraph shall immediately apply to the said sum, instead of being postponed until the death of my said wife.

  11. And the remainder of my trust estate, from and after the decease of my said wife, shall be in trust for my four sons, and their children, or remoter issue (such remoter issue being born in the lifetime of the son from whom it proceeds), or any one or more of them, exclusively of the other, or others of them, in such share, or shares, and at such time, or times, and generally in such manner, and subject to such conditions, as my said wife shall, by any deed, or deeds, either with or without power of revocation and new appointment, or by will, or codicil, appoint, and in default of, and subject to, such appointment, or appointments, in trust, in equal shares, for such of my four sons as have attained, or shall attain the age of twenty one years.

  12. I declare that it shall be lawful for my said wife from time to time during her lifetime to make partial distributions of he trust estate amongst my said sons, or any one or more of them, each such distribution being evidenced by an instrument under her hand and seal, and that she may reserve, either out of the property so distributed, or from the son, or sons receiving the same, and by such documents, and with such security as she shall think fit, an annual sum to herself, by way of income, or a capital sum for my trust estate, or no sum at all, as she shall think fit, and that the powers given to her by this paragraph, are in addition, and without prejudice to, and shall not in any way restrict those conferred by the last preceding paragraph, and that unless my wife shall otherwise direct, either in the instrument making such distribution, or distributions, or by any subsequent instrument, or by deed, or by will, such partial distributions or distribution shall not be brought into hotchpot on any subsequent or final distribution of my trust estate, all distributions under this clause shall take immediate effect, and shall be accepted by my trustees as surrenders of the life interest of my wife in the property so distributed, unless my wife shall otherwise direct in the instrument of distribution.

  13. I declare that if any child of mine shall die in my lifetime (or after my decease without having attained a vested interest under this, my will.) leaving a child, or children, who shall survive me, 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 that age, then and in every such case, the 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, of and in the residuary trust funds, if such parent had survived me and attained a vested interest therein.

  14. I declare that my trustees may, at their discretion, raise any part or parts of the capital of the vested, or presumptive share of any child or grandchild of mine not exceeding one third part of such share, and either apply the same for his or her advancement preferment or benefit, as they shall think fit, or pay the same to such child or grandchild after he or she shall attain the age of twenty one years, and every such application or payment shall be good, whether such child or grandchild shall or shall not live to attain a vested interest under this my will.

  15. I declare that except so far as I may hereafter provide to the contrary every transfer of money, or shares, or securities, or other provision, heretofore or hereafter, made by me to any of my sons, or to my daughter, shall be considered as gifts, and shall form no part of my estate.

  16. I declare that my trustees may also, at their discretion, apply the whole, or any part of the income of the vested or presumptive share, of any child or grandchild of mine, for or towards his or her maintenance and education whether such child or grandchild shall or shall not live to attain a vested interest under this my will, with liberty for my trustees to pay the same to the guardian or guardians of such child or grandchild (If he or she shall not then be of full age) for the purposes aforesaid without being liable to see to the application thereof.

  17. I also declare that my trustees shall have a general power of sale over my trust estate, but that the same shall not, during the lifetime of my said wife, be exercised without her consent in writing, and that my trustees may postpone the sale and conversion of any part of my real and personal estate for as long as they, in their uncontrolled discretion, shall think fit, and may retain my trust estate in the state in which the same may be at the time of my decease, notwithstanding that the property, the sale and conversion whereof, shall be so postponed, may be of a perishable, exhaustible, precarious, speculative, commercial, or wearing out nature, and that my trustees and my said wife shall not be responsible for any loss arising from the exercise of the powers and discretion's given thereby.

  18. And I declare that the rents, profits, and income, to accrue, from and after my decease, from such part of my estate, as shall for the time being, remain unsold and unconverted, shall after payment thereout of all incidental expenses and outgoings 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 or applicable, under this my will, if such sale and conversion had been actually made.

  19. I also declare that as regards any real or leasehold property, whilst unsold, my trustees shall be at liberty to let or demise the same, either from year to year, or for any term of years, at such rent and subject to such covenants and conditions as they shall think fit to accept, surrenders of leases and tenancies, to expend money in repairs and improvements, and generally to manage such property and to administer the same according to their absolute discretion, with as full powers over the same as I myself would have possessed had I lived and continued to own the same.

  20. And I also declare that any money required for such repairs and improvements as last aforesaid, may be raised either out of income, or out of capital, as my trustees shall, under the circumstances think fit and equitable.

  21. And I declare that it shall be lawful for my trustees to pay out of my estate, any call or calls, which I may at the time of my decease, hold in any company, and also to accept or refuse any new shares or stock, in any such company which may be allotted to them in respect of any shares or stock therein for the time being and to pay out of my estate any call or calls to become due in respect of any new shares or stock which may be accepted by them.

  22. I authorise my trustees, or any of them, either alone or jointly, with any others or other of themselves, or any other person or persons who may be interested therein to manage, navigate, and employ, or to concur in the management, navigation or employment by any of themselves, or such other person or persons as aforesaid, of any ships in which I may be interested at the time of my death, either as owner, or mortgagee, for any period they may think desirable or prudent, and that my trustees shall have the fullest powers and discretions as to the mode of managing, navigating, or employing such ships, and shall be empowered to act in all respects with regard thereto as if they were absolute owners thereof, or of my shares therein, including a power either to insure such ships in such manner as they may deem proper, or to navigate them uninsured, without being responsible for any losses that may be occasioned by any such noninsurance.

  23. I declare that all monies liable to be invested, under this my will, may be invested in any stocks, funds, or securities, authorised by law for investment of trust funds or in the stock funds or securities of the municipal corporations of Sunderland, Gateshead, or Newcastle upon Tyne, the County Council of Durham, the County Council of Northumberland, the River Tyne Commissioners, the River Wear Commissioners, or the Sunderland Water Company.

  24. I declare that my trustees may in their discretion, instead of acting personally, employ or pay solicitors, accountants, and any other persons to transact any business or do any act of whatsoever nature, required to be done in the premises, including the receipt or payment of money, and that any trustee hereunder being a solicitor or accountant 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 and other charges for any business or act done by him or his firm in connection with the trusts including acts which a trustee could have done personally.

  25. I devise all copyhold property vested in me as trustee or mortgagee, unto my trustees, subject to the trusts and equities effecting the same respectively

  26. I declare that upon any appointment of new trustees, whether under a statutory power or otherwise, the number of trustees may be increased or reduced, provided that it be not reduced below three, and that the statutory power of appointing new trustees, and whether by way of substitution or increase, shall be vested in my said wife during her life.

  27. And lastly, I declare that my trustees shall be the trustees for the purposes of all the Settled Land Acts.

  28. IN WITNESS whereof 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 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 subscribed 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 ROBERT THOMPSON of Over Dinsdale Hall in the County of York, Shipbuilder, which will bears date the sixth day of January one thousand nine hundred and four. In addition to, and without prejudice to the power of appointing new trustees given by my will, or by statute, I declare and direct that it shall be lawful for my said wife at any time or times to appoint an additional trustee of my will, whether or not there shall at such time be a vacancy such appointment shall be made by deed, poll, under her hand and seal, and such trustee shall have as from the date of such appointment, all the powers, trusts, and discretions given by my will as if he had been originally appointed thereby, and the other trustees for the time being shall do all acts and things necessary or required by law to vest the trust estate in him jointly with themselves, and I direct that the provisions of Sections 10, 11, and 12 of the Trustee Act 1893 shall apply (mutatis mutandis) to any such appointment made by my wife under this codicil provided that the number of trustees of my said will shall not exceed six.

In all other respects, I confirm my said will.

IN WITNESS whereof I have hereto set my hand this eighth day of March one thousand nine hundred and four
- ROBERT THOMPSON

Signed by the said testator Robert Thompson, and by him published and declared as, and to be a Codicil to 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 subscribed our names as witnesses:

L. S. Iliff, Solicitor, Sunderland

Andrew F. Watson, clerk to Messers. Simey, Son & Iliff, Solicitors, Sunderland

On the 17th day of February 1908 Probate of this will, with a Codicil, was granted to Georgina Thompson, widow, Joseph Andrew Thompson, Robert Norman Thompson, Stanley Miller Thompson, and John Wyllie Thompson, the executors.