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The Will of Hannah Bainbridge Laidman

 

This is the last will and Testament of me Hannah Bainbridge Laidman of Barnard Castle in the County of Durham Widow made the fourteenth day of June one thousand eight hundred and thirty nine I give to my Daughters Ann Laidman and Martha Rachael Laidman all my Household furniture wearing apparel and Linen to be equally divided between them share and share alike by my Executors I also give to my Daughter Ann Laidman my Silver pint two silver table spoons and two silver salt spoons And I give to my Daughter Martha Rachael Laidman my silver sugar Tongs & half a dozen silver Tea spoons and which said legacies I direct shall be freed from the payment of my Debts And it is also my mind and will that in case either of my said Daughters shall die before me or before she attains the age of twenty one years then the legacy or bequest so given and bequeathed to the Daughter so dying shall go to the survivor of them to whom I give and bequeath the same I give devise and bequeath unto John Gibson of Barnard Castle aforesaid Grocer and Draper and Alexander Hilton of the same place Gentleman All the remainder of my personal Estate not hereinafter specifically disposed of And also all my real Estate and Effects ---soever and wheresoever and of what nature or tenure soever To hold the same unto and to the use of them the said John Gibson and Alexander Hilton their heirs Executors administrators and assigns respectively according to the nature and tenure thereof upon the Trusts hereinafter declared concerning the same (that is to say) Upon trust as soon as conveniently may be after my decease the [sic] convert the said remainder of my personal Estate into money and apply the same as far as it will go in the payment of my just debts funeral and testamentary Expenses And upon further Trust that they my said Trustees and the Trustees for the time being of this my will do and shall at any time whenever they in their discretion may think fit and if not before then whenever the Trusts of this my will shall require them to do so sell and dispose of all my real Estate Either by auction or private contract with liberty from time to time to buy in the same or any part thereof at any auction and to convey such parts of the said Estate as from time to time be sold in such manner as the respective purchasers thereof shall direct And I declare and direct that the receipt or receipts of my said Trustees or of the Trustees for the time being of this my will under their or his hands or hand respectively shall effectually discharge the purchaser or purchasers of my said real Estate of any part thereof from so much of his her or their purchase money as shall therein be acknowledged or expressed to be received And that such purchaser or purchasers shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase money or any part thereof and I declare and direct that my said Trustees and the Trustees for the time being of this my will shall stand possessed of my said Real Estate in the meantime until the same shall be sold as aforesaid Upon trust by and out of the rents and profits thereof after keeping the same in good repair to pay and discharge the Interest to accrue and become due upon the Sum of Sixty pounds now secured upon mortgage and of Ten pounds due upon a promissory note And upon further Trust to pay all such part of the remainder of my just debts funeral and testamentary Expenses as my personal Estate shall be insufficient to pay And subject thereto upon trust to pay the remainder of the said rents and profits of my said real Estate unto my two daughters Ann Laidman and Martha Rachael Laidman or apply the same for their maintenance use and benefit in equal shares until my said Daughter Martha Rachael Laidman shall attain the age of twenty one years And from and after the Sale of my said real Estate I do hereby declare and direct that my said Trustees shall stand possessed and interested of and in the money to arise and be produced from the sale thereof as aforesaid And also of such parts of my personal Estate as may remain inapplied Upon Trust thereout in the first place to pay and discharge the said mortgage Debt of Sixty pounds and Interest and also the said debt of Ten pounds and Interest so due upon [---] and also all my other just debts funeral and testamentary expenses which shall be then owing and unpaid And after payment and satisfaction thereof Upon Trust to place out and invest the residue upon Government or real securities at Interest and to pay the Interest therefrom arising unto my two Daughters Ann Laidman and Martha Rachael Laidman or apply the same for their maintenance use and benefit in equal shares until my said Daughter Martha Rachael Laidman shall attain the age of twenty one years And upon my said Daughter Martha Rachael Laidman attaining the age of twenty one years or in case of her death before attaining that age which shall first happen I declare and direct that my said Trustees and the Trustees for the time being of this my will shall stand and be possessed and interested of and in the said Trust Estates so bequeathed and devised to them as aforesaid and of the money to arise from the sale thereof Upon the Trusts following (that is to say) As to one third part or share thereof In trust for my Daughter Ann Laidman to whom I give and bequeath the same but in case my said Daughter Ann Laidman shall die before me or before attaining the age of twenty one years then and in that case it is my mind and will that the said one third part or share so declared to be In Trust for and given and bequeathed to her as aforesaid shall be In Trust for my Daughter Martha Rachael Laidman and to be disposed of as hereinafter mentioned And as to for and concerning one other third part or share of my said Trust Estates and of the money to arise therefrom as aforesaid I declare and direct that the same shall be In Trust for my two Sons John Laidman and Thomas Laidman in equal shares to whom I give and bequeath the same But in case my said son john Laidman shall die before my said Daughter Martha Rachael Laidman attains the age of twenty one years or before her decease under that age then it is my mind and will that the share or Interest so declared to be In Trust for and given and bequeathed to him as aforesaid shall be In Trust for and paid to his issue in Equal shares and proportions But in case my said son John Laidman shall die without leaving any issue then I declare and direct that the said share or Interest so bequeathed to him as aforesaid shall be In Trust for my two Daughters Ann Laidman and Martha Rachael Laidman in Equal shares or in case either of them shall be then dead then to the Survivor of them and be disposed of in the same manner as their original shares or Interests bequeathed to them by this my will And it is also my mind and will that in case my said Son Thomas Laidman shall die before my said Daughter Martha Rachael Laidman attains the age of twenty one years then and in that case the share or interest so given and bequeathed to my said Son Thomas Laidman under this my will shall be In Trust for my two Daughters Ann Laidman and Martha Rachael Laidman in Equal shares or in case either of them shall be then dead then to the Survivor of them and be disposed of in the same manner as their original shares or Interests bequeathed to them by this my will And as to the remaining third part or share of my said Trust Estates and of the money to arise from the Sale thereof as aforesaid And also as to for and concerning all accruing shares which my said Daughter Martha Rachael Laidman shall be or become intitled to under or by virtue of the Trusts of this my will I order and direct that my said Trustees and the survivor of them and the Trustees for the time being of this my will shall by and with the money therefrom arising purchase from the British Government or from one of the public offices or companies concerned in granting annuities as my said Trustees and the Trustees for the time being of this my will shall deem expedient one or more annuity or annuities for my said Daughter Martha Rachael Laidman during her natural life and I declare that the said Martha Rachael Laidman shall not be intitled to elect to receive such share or Interest so bequeathed or declare to be In Trust for her in lieu of and in substitution for the money annuity hereinbefore directed to be purchased any rule of Equity to the contrary thereof notwithstanding And it is also my mind and will and I do further declare and direct that in case my said Daughter Martha Rachael Laidman shall die before she attains the age of twenty one years then and in that case the said one third share and Interest [---] in my said trust Estates and of the money to arise therefrom and also all accruing share or shares to which she may be or become intitled shall in that case be In Trust for my Daughter Ann Laidman to whom I give and bequeath the same and I do hereby declare that the bequest hereby made to my said Daughter Ann Laidman shall be for her sole and separate use and benefit and shall be paid into the proper hands of my said daughter exclusive of any Husband with whom she may intermarry who shall not intermeddle therewith nor shall the same or any part thereof be subject or liable to the control debts or engagements of any such husband And I also further declare that if either of them the said John Gibson and Alexander Hilton or the Trustees or Trustee for the time being of this my will shall happen to die or be desirous of being discharged from or refuse or decline or be incapable to act in the trusts hereby in them respectively reposed as aforesaid before the said Trusts shall be fully executed then and in such case and when and as often as the same shall happen it shall and may be lawful for the Trustees or Trustee for the time being of this my will by any Deed or Deeds instrument or instruments in writing to be by them him or her duly executed from time to time to nominate substitute or appoint any person or persons to be a Trustee or Trustees in the place or stead of the Trustee or Trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and when and so often as any new Trustee or Trustees shall be nominated to act as aforesaid shall be thereupon with all convenient speed conveyed and transferred in such sort and manner and so as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing Trustee or Trustees as occasion shall require To the uses and upon and for the Trusts intents and purposes hereinbefore expressed and declared of and concerning the same trust Estates securities monies and premises or such of them as shall be then subsisting undetermined and capable of taking effect and the person or persons so to be appointed as aforesaid shall have all the powers and authorities of the Trustee or Trustees in whose room he or they shall be substituted in like manner as if he or they had been named or appointed in and by this my will And I do hereby declare and direct that my said Trustees and their Executors and administrators respectively shall be charged and chargeable only for such monies respectively as they shall actually receive by virtue of the Trusts hereby in them reposed notwithstanding their or any of their giving or signing any receipt or receipts for the sake of conforming and the one of them shall not be answerable for the other of them or for involuntary losses And also that it shall and may be lawful for them with and out of the monies which shall come to their respective hands by virtue of the Trusts aforesaid to retain to and reimburse themselves respectively and also to allow their respective Cotrustees all costs charges damages and expenses which they or either of them shall or may suffer sustain or be put to in or about the Execution of the Trusts aforesaid or in relation thereto I appoint the said john Gibson and Alexander Hilton Executors of this my will hereby revoking all former wills In Witness whereof I have to this my last Will contained in this and the three preceding sheets of paper hereunto annexed set my hand and seal to wit my hand at the bottom of each of the said preceding sheets my hand and seal to this last sheet and my seal at the top of the first sheet where all the said sheets are affixed together the day and year first before written.

 

(signed: Hannah Bainbridge Laidman)

Witnesses: Frances Stule, Hannah Gibson, Elizabeth Gibson

 

 

This Will was kindly transcribed and sent in by Nicholas.

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