This is the last Will and Testament of me William Charlton of New House in the Parish of Hexham in the County of Northumberland _____I order all my just debts and funeral and testamentary expenses to be paid by my Executors hereinafter named as soon as conveniently may be after my decease I give and devise all my messuages tenements lands and Hereditaments Situate at the New House in the Parish of Hexham and at Moorhouses in the Parish of Allendale in the said County of Northumberland or elsewhere in the said Parishes of Hexham and Allendale or either of them with their respective rights incumbers and appurtenances unto James King of Hexham in the County of Northumberland Draper and William Taylor of Blanchland in the County of Northumberland Draper______ their heirs and assigns To the use of the said James King and William Taylor________ their heirs and assigns during the natural life of my niece Elizabeth Aydon Upon trust during the life of my said niece and after the decease of John Aydon her husband but whilst he shall be living then from time to time and so often and so long as she my said niece shall live separate and apart from the said John Aydon to pay the rents and profits of the said messuages lands and Hereditaments as and when the same shall become due and not by way of anticipation into her own hands to be enjoyed by her as an inalienable personal provision and while Covert free from the control and engagements of her husband and for which rents and profits her receipts alone shall be sufficient to the trustees or trustee for the time being of this my Will And upon trust during the life of my said niece whilst and so often and for so long as she shall reside with the said John Aydon to apply the rents and profits of the said messuages lands and Hereditaments or Competent Part thereof in or towards the maintenance and education or otherwise for the benefit of the Person or Persons who would for the time being be entitled to the same if my said niece were dead Provided always and I declare that during the life of the said John Aydon it shall be absolutely at the discretion of the trustees or trustee for the time being of this my Will to apply or not to apply the said rents and profits or any part thereof in manner last aforesaid Provided always and I hereby declare that if at any time during the life of my niece the rents and profits of the said messuages lands and hereditaments or any part thereof shall be for any Cause whatsoever (except her residing with the said John Aydon) cease to be payable into her own hands to be enjoyed as aforesaid then the said trust hereinbefore contained in her favor shall thenceforth be Void and the said rents and profits shall during the then remainder of her life be paid to or be in trust for Person or Persons who would for the time being be entitled to the same if my said niece were dead And from and after the decease of my said niece Elizabeth Aydon To the use of Robert Charlton son of my said niece and his assigns for and after the determination by forfeiture or otherwise of the estate or interest hereby limited or devised to or to the use of the said Robert Charlton and his assigns during his life as aforesaid then to the use of the said James King and William Taylor____and their heirs during the natural life of him the said Robert Charlton In trust to preserve and support the contingent uses or estates hereinafter given or limited from being defeated or destroyed and for that purpose to make entries or bring actions as occasion shall require but nevertheless to permit and suffer the said Robert Charlton and his assigns to receive and take the rents and profits of the said messuages lands and hereditaments during his life And from and immediately after the decease of the said Robert Charlton To the use of the first Son of the body of him the said Robert Charlton lawfully begotten or to be begotten and the heirs of the body of such son And for default of such issue of such first son Charlton To the use of the second third and all and every other the son and sons of the body of him the said Robert Charlton lawfully begotten or to be begotten severally successively and in remainder one after another as they shall be in seniority of age and priority of birth and the heirs of the body and bodies of all and every such son and sons the elder of such sons and the heirs of his and their body and bodies being always preferred and to take before the younger of such sons and the heirs of his and their body and bodies And in default of issue of every such son and sons To the use of all and every the daughter and daughters of the body of the said Robert Charlton lawfully begotten or to be begotten equally to be divided between or among them if more than one share and share alike and to take as tenants in common and not as joint tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters there being more than one then as to the part or share of such daughter or daughters who shall have no such issue To the use of the other or remaining daughters equally to be divided between or among them if more than one share and share alike as tenants in common and not as joint tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of the said Robert Charlton then to the use of such one and only daughter and the heirs of her body and in in default of such issue To the use of all and every other the child and children of my said niece Elizabeth Aydon lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as tenants in common and not as joint tenants and the heirs of the body and bodies of all and every such child or children and in default of lawful issue of any one or more of such child or children there being more than one then as to the part or share of such child or children who shall have no such issue To the use of the other or remaining children equally to be divided between or among them if more than one share and share alike and to take as tenants in common and not as joint tenants and the heirs of their respective bodies and in case there shall be but one other or remaining child then as to the part or share of the child or children so failing of lawful issue To the use of such only remaining child and the heirs of his or her body And in Case there shall be but one such other child of the body of my said niece Elizabeth Aydon lawfully begotten or to be begotten then to the use of such one or only other child and the heirs of his or her body And in default of such issue To the use of my own right heirs for ever I empower the Trustees or Trustee for the time being of this my Will during the minority or minorities of any infant tenant or tenants for life or in tail for the time being entitled under the limitations hereinbefore Contained or any of them to the possession of my said devised estates on attaining the age of twenty one years and also every person of the age of twenty one years for the time being entitled as beneficial tenant or tenants for life or in tail in possession under the limitations herein contained to grant Leases of my said devised estates or any part or parts thereof for a term or terms not exceeding Twelve years in possession at the best rent or rents to be incident to the immediate reversion without taking any fine or premium I empower the trustees or trustee for the time being of this my Will during the minority or minorities of any infant or infants being entitled under the limitations hereinbefore Contained or any of them to the possession of my said devised estates on attaining the age of twenty one years to receive the rents issues and profits of my said devised estates and make necessary and proper repairs thereto I give and bequeath all my personal estate whatsoever and wheresoever unto the said James King and William Taylor their Executors administrators and assigns Upon the trusts following that is to say Upon trust to get in my said personal estate when and as the trustees or trustee for the time being of this my Will shall in their discretion deem it most advantageous so to do and Convert into money so much thereof as shall not consist of money (except my household furniture plate Linen and China) and thereout to pay and discharge all my just debts and funeral and testamentary expenses And I direct my said trustees or trustee to stand possessed of the residue of my Personal Estate Except as aforesaid Upon trust to invest the monies to arise therefrom in the name of my said trustees or trustee in the names or name of my said trustees or trustee on Government or real Securities of the United Kingdom and to change from time to time the investment of the last mentioned monies from any of the said Securities to any other or others of the like nature and to stand possessed of the said trust monies and securities and also of my said household furniture , plate linen and china In trust for the said Robert Charlton upon his attaining the age of twenty one years then In trust for all and every other the Child or children of my said niece Elizabeth Aydon lawfully begotten or to be begotten who shall attain the age of twenty one years equally to be divided between them or among them if more than one as tenants in Common and if there shall be only one such child who shall attain the age of twenty one years then In trust for such one child I empower the trustees or trustee for the time being of this my Will to apply all or any part of the rents, interest, dividends and Produce to which under any of the devises bequests, or dispositions hereinbefore contained each or any Infant devisee or legatee shall be entitled or presumed to be entitled towards the maintenance education or otherwise for the benefit of such Infant devisee or legatee and I declare that the unapplied parts of the said rents , interest, dividends and Produce shall follow the destination of the hereditaments properties or shares from which the same shall respectively have arisen child I empower the trustees or trustee for the time being of this my Will to give receipts for all rents, issues profits, monies or effects to be paid or delivered to such trustees or trustee by virtue of this my Will and declare that such receipts shall exonerate the Persons taking the same from all liability to see to the application or disposition of the money or effects therein mentioned And I do hereby declare that when and so often as any Vacancy shall occur in the Office of trustee of this my Will by reason of the death (whether in my lifetime or after my decease) renunciation incapacity or resignation of any trustee for the time being it shall be lawful for the surviving or Continuing trustees or trustee for the time being or if there be no such trustee then for the Executors or administrators of the last deceased trustee or if there be no such person for the renouncing or retiring trustee or trustees to nominate a new trustee or trustees to supply such Vacancy or Vacancies respectively And I declare that the trustees or trustee for the time being of this my Will shall trustees or trustee for the time being not be answerable for each other or for involuntary losses and I authorize such trustees or trustee to retain and allow to each other all Costs and expenses incurred in or about the Execution of the trusts of this my Will And I appoint the said James King and William Taylor trustees and Executors of this my Will revoking all former Wills by me made In Witness whereof I have signed my name at the foot or end of this my Will this sixth day of April One thousand eight hundred and fifty two William Charlton

(Attestation Clause)

Richard Gibson Solicitor Hexham             Thso J Twiner his Clerk

Proved 4 September 1856 PCY
 

This Will was kindly  transcribed and sent in by Ros.

If you feel that any of the persons named in the above will is a person that you are researching, then you can