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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 |