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This is the last will and testament of me
Henry Methold of Burn Hall in the county of Durham Esquire made
the seventh day of October in the year of our Lord One thousand
seven hundred and ninety seven I give unto my wife Dorothea
Methold the legacy or sum of three hundred pounds to be paid to
her within one calendar month next after my decease but without
any interest in the mean time for the same and I give unto my
said wife all my carriages and horses (except my old grey mare
called Vixen) and all such wines and spirits and other liquors
as shall be in the cellars of the dwelling house in which I
shall reside at the time of my decease and I direct that my said
wife shall have the use and enjoyment during her life of all the
jewels rings and trinkets and other ornaments normally worn by
her and of all my books plate china linen and household goods
and furniture and from and after her decease the same shall go
and belong
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to my oldest or only son first attaining
the age of twenty one years or marrying under that age with such
consent and to be signified as hereinafter mentioned or to such
other person or respective persons who shall by virtue of this
my will become entitled to the provision hereinafter made for
such oldest or only son and I direct that upon my decease my
Executors hereinafter named shall raise a schedule or inventory
to be made out and taken of all the said jewels rings trinkets
and other ornaments usually worn by my said wife and of the said
books plate china linen and household goods and furniture and
that my said wife shall at or before her taking possession
thereof sign a receipt for the same at the foot of the said
schedule or inventory and which schedule shall be delivered to
and preserved by them my said executors for the benefit of the
persons interested therein by virtue of this my will I give unto
my Butler Thomas Jones if he shall be in my service at the time
of my decease the legacy or sum of fifty pounds and unto my
Coachman James Baxter if he shall be in my service at the time
of my decease the legacy or sum of thirty pounds the said two
last mentioned legacies to be paid within six months next after
my decease but without any interest in the mean time for the
same and to be over and above such wages as shall or may be due
them respectively from and at my decease and I give to each of
them the said Thomas Jones and James Baxter and to each of my
other servants who shall be living with me at the time of my
decease a suit of mourning and also one years wages over and
above such wages as may be due to him or her at that time and as
to all my money in the public funds and money due upon mortgage
or any other securities and all my ready money and all other my
personal estate and effects whatsoever not hereby otherwise
disposed of I give and bequeath the same unto my said wife
Dorothea Methold and unto my Brother in Law Robert Eden of
Windlestone in the said County of Durham Esquire and my cousin
the Reverend Thomas Methold of Stoneham Esquire in the County of
Suffolk xxx their executors administrators and assigns I entrust
to collect get in and xxx such monies and to sell dispose of and
convert into money the residue of my said personal estate for
the purposes hereinafter expressed concerning the same and I
give and devise all my freehold messuages lands tenements and
hereditaments whatsoever situate or being in the City of Bath
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or elsewhere other than and excepting such
real estate as and are now vested in me either by way of
mortgage or upon any trust or trusts unto and to the use of my
said wife Dorothea Methold and the said Robert Eden and Thomas
Methold their heirs and assigns for ever I entrust as soon as
conveniently may be after my decease to sell and dispose of the
same premises either entirely or in parcels and either by public
auction or private contract to any person or persons who shall
be willing to become the purchaser or purchasers thereof for the
best price or prices which can be reasonably gotten for the same
and I entrust to pay apply and dispose of the money by every
such sale arising in manner and for the purposes hereinafter
expressed concerning the same and I declare and direct that my
said wife Dorothea Methold and the said Robert Eden and Thomas
Methold their executors administrators and assigns shall with
and out of the money to arise and be produced from the said
personal estate hereinbefore to them given as aforesaid and the
money to arise and be produced from the sale of the said
freehold premises hereinbefore devised pay my funeral expenses
(which I submit to the discretion of my said trustees) and all
the debts which I shall own at the time of my decease and the
said legacy of three hundred pounds to my said wife and the said
legacies hereby given to my servants and shall from time to time
place out or invest the residue of the money to arise and be
produced from my said real and personal estates as aforesaid
which shall remain after and shall not be issued and applied in
the payment of my debts legacies and funeral expenses hereby
directed to be paid thereout as aforesaid in or upon Government
or real securities at interest until the same shall become
payable by virtue of the trusts and directions of this my will
and I declare and direct that my said wife Dorothea Methold and
the said Robert Eden and Thomas Methold their executors
administrators and assigns shall stand and be possessed and
interested of and in the principal money so to be placed out or
invested upon the following trusts (that is to say ) I entrust
by and out of the interest dividends and yearly proceeds of the
same principal money to raise and pay to my said wife Dorothea
Methold during her life the annual sum of one hundred pounds
free from taxes and clear of all other deductions
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on two days or times in the year (that is
to say) on the first day of January and the first day of July in
every year by equal portions and also to raise and pay to her
executors or administrators a proportionable part of the said
annual sum to be computed to the day of her death from the xxx
last preceding day of payment the first payment of the said
annual sum to begin and be made on such of the said days of
payment as shall first happen next after my decease and subject
and without prejudice to the raising and paying of the said
annual sum the principal in money hereinbefore directed to be
placed out at interest as aforesaid shall be in trust for such
first or only son of my body for the time being as shall first
attain the age of twenty one years or marry which shall first
happen so as such marriage be had with the consent of the
trustees or trustee for the time being of the same trust money
to be signified by any writing or writings under the hands or
hand of such trustees or trustee previously to such marriage and
to be attested by two or more credible witnesses and the same
principal money shall be accordingly paid or assigned to such
son at the age of twenty one years or marriage with such consent
and to be signified as aforesaid which shall first happen
provided nevertheless and I hereby declare that in case I shall
have no son who shall live to attain the age of twenty one years
or marry under that age with such consent and to be signified as
aforesaid in that case the said principal money hereinbefore
directed to be placed out at interest as aforesaid shall be in
trust for all and every my daughter and daughters now living and
hereafter to be born in equal shares if more than one the share
or respective shares of such of them as shall be under the age
of twenty one years and unmarried at the time of the decease of
all my sons under that age and unmarried as aforesaid to be paid
at her or their age or respective ages of twenty one years or
day or days of marriage which shall first happen so as such
marriage be had with such consent and to be signified as
aforesaid and the share or respective shares of such of my said
daughters as shall attain the age of twenty one years or be
married with such consent and to be signified as aforesaid
before the time of the decease of all my sons under age and
unmarried as aforesaid to be paid at the age of six calendar
months next after such time with the interest attending the same
from that time until the actual payment thereof provided always
and I hereby declare that if
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any one or more of my said daughters shall
die under the age of twenty one years and unmarried or shall
marry without such consent as aforesaid and afterwards die under
that age then and in every such case and thenceforth as well the
original share as every other share of her or them so dying of
and in the said principal money hereinbefore directed to be
placed out at interest shall be in trust for the other or others
of them in equal shares if more than one but shall not be
payable sooner than the original share or shares of such others
or other of them shall respectively become payable as
hereinbefore mentioned and I direct that until my oldest or only
son for the time being shall attain the age of twenty one years
or marry with such consent to be signified as aforesaid which
shall first happen so such of the interest or yearly dividend of
the said principal money hereinbefore directed to be placed out
at interest as my said wife and the said Robert Eden and Thomas
Methold or the survivors or survivor of them or the trustees or
trustee of the time being of the same trust money shall from
time to time --------- think proper shall be applied for the
maintenance education or benefit of my said oldest or only son
for the time being and the residue or surplus of the same
interest or yearly dividends shall be added to and be invested
or placed out at interest and go with the same principal money
at the same is hereinbefore disposed and I further declare and
direct that in case none of my said sons shall by virtue of this
my will become entitled to the said principal money hereinbefore
directed to be placed out at interest in that case so much of
the interest or yearly dividends of the respective shares of my
said daughters of and in the same money as my said wife Dorothea
Methold and the said Robert Eden and Thomas Methold and the
survivor or survivors of them and shall from time to time think
proper shall be applied for the maintenance education or benefit
of my said daughters respectively until the same shares shall
respectively become payable as aforesaid and the residue or
surplus of the interest or yearly dividends of the respective
shares of my said daughters of and in the same principal money
shall be added to and invested and placed out at interest and go
with the principal of such respective shares as the same shares
and hereinbefore disposed of and I do hereby
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further declare and direct that if all my
said children shall die under the age of twenty one years and
none of them shall marry under that age with such consent and to
be signified as aforesaid then and in that case my said wife and
the said Robert Eden and Thomas Methold their executors
administrators and assigns shall stand and be possessed and
interested of and in the said principal money hereinbefore
directed to be placed out at interest as aforesaid in trust to
pay the interest dividends and yearly proceeds therefrom arising
as the same shall come in and be received unto my said wife
Dorothea Methold and her assigns or otherwise to authorise or
permit and suffer her and them to receive the same during her
life and from and after her decease the same principal money
shall be in trust for my sister Mary Magdalene Goble her
executors administrators and assigns provided always and I
hereby declare and direct that during the infancy or minority of
such of my younger sons as at the time of my decease shall be
under the age of twenty one years it shall and may be lawful to
and for my said wife and the said Robert Eden and Thomas Methold
and the survivors and survivor of them and the trustees or
trustee for the time being of the said trust money to raise and
advance by and out of the said principal money hereinbefore
directed to be placed out at interest any sum or sums of money
(not exceeding in the whole the sum of eight hundred pounds for
each such son for placing him or them respectively in any
profession made or business or for providing for him or them
respectively any office or employment or otherwise for his or
their respective benefit in such manner as my said wife and the
said Robert Eden and Thomas Methold and the survivors and
survivor of them and the trustees or trustee for the time being
thereof shall think proper but I declare that whatever sum or
sums of money shall be so advanced and raised for any such of my
younger sons shall be deemed and taken as part of the sum of one
thousand five hundred pounds four per cent bank annuities (the
share hereinafter appointed to or intended for him of and in the
capital sum of fifteen thousand pounds bank annuities
hereinafter mentioned) and shall carry interest after the rate
of four pounds for an hundred pounds for a year to be computed
from time or respective time of advancing the same and that the
full amount or value of
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the sum or sums of money to be advanced or
raised for each such younger son with such interest for the same
shall be deducted out of his share of and in the said sum of
fifteen thousand pounds Bank annuities as and when his share
thereof shall become due or payable by virtue of the appointment
hereinafter contained and shall go with the ultimate residue of
the said Bank annuities as the same is hereinafter disposed of
and as to the before mentioned sum of fifteen thousand pounds
four percent bank annuities which is now vested in William Henry
Lambton of xxx in the said county of Durham esquire as having
survived the other trustees in whose names the same bank
annuities are standing in the books of the Governor and Company
of the Bank of England (and to the yearly dividends and interest
whereof amounting to the yearly sum of six hundred pounds my
said wife will upon my decease be entitled for her life by
virtue of our marriage settlement) I do by this my last will and
testament by virtue of a power contained in the said settlement
and enabling me in this behalf declare direct and appoint that
the said William Henry Lambton his executors administrators or
assigns shall from and after the decease of the survivor of me
and my said wife assign and transfer the said sum of fifteen
thousand pounds Bank annuities and the interest and dividends
attending the same to and amongst my children now living and
hereafter to be born in the shares and proportions and to be
vested and payable at the times and in the manner and subject to
the provisos and declarations hereinafter expressed or declared
of or concerning the same (that is to say) to each and every of
my sons who shall be living at the time of my decease or born
alive afterwards other than or except my oldest or only son for
the time being the sum of one thousand five hundred pounds
(being one tenth part or share of the said fifteen thousand
pounds bank annuities and to each and every of my daughters who
shall be living at the time of my decease or born alive
afterwards the like sum of one thousand five hundred pounds (one
tenth part or share of the same Bank annuities the said shares
in the said Bank annuities to be considered as vested interests
in my said daughters and younger sons as and when they shall
respectively attain the age of twenty one years or marry (with
such consent or signified as hereinafter mentioned) which shall
first
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happen but to be paid at the respective
times hereinafter mentioned(that is to say) the share or
respective shares of such of my said daughters and younger sons
as shall be under the age of twenty one and unmarried at the
time of the decease of the survivor of me and my said wife to be
paid at his her or their age or respective ages of twenty one
years or day or days of marriage which shall first happen (so as
such marriage be had with the consent of the trustee or trustees
for the time being of or acting under this my will such consent
to be signified by any writing or writings under the hands or
hand of the persons or person which consent is hereby made
requisite as aforesaid provisionally to such marriage and to be
attested by two or more witnesses) and the said share or
respective shares of such of my daughters and younger sons as
shall attain the age of twenty one years during the joint lives
of me and my said wife or during the life of the survivor of us
to be paid at the end of six calendar months next after the
decease of such survivor with the interest attending the same
from the time of the decease of such survivor until the actual
payment thereof provided always and I do hereby declare that if
any of my daughters shall die under the age of twenty one years
and unmarried or shall marry without such consent as aforesaid
and afterwards die under that age or if any of my younger sons
shall die under the age of twenty one years and unmarried or
shall marry without such consent as aforesaid and afterwards die
under that age or if any of them shall before his or their
attaining that age become my oldest or only son and as such
entitled to the provision hereby made for my eldest or only son
then and in every such case the whole of the said share or
respective shares in the said Bank annuities of such of my
daughters or younger sons so dying and of such of my younger
sons so becoming my eldest or only son (excepting such part
thereof as shall have been applied for the advancement of such
younger son or sons as hereinafter mentioned shall go accrue and
belong and I do hereby appoint the same unto the survivors or
survivor and others or other of my said daughters or younger
sons in equal shares if more than one to be vested and payable
at such and the same times as are hereinbefore directed
concerning his her or their said original share or shares in the
said Bank annuities
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respectively and I hereby further declare
that if any Bank annuities shall by virtue of the said last
mentioned proviso devolve upon any of my daughters or younger
sons by way of survivorship or xxx as aforesaid then all such
bank annuities so devolving and accruing as aforesaid shall from
time to time as the case shall happen be subject to such benefit
of arrear or survivorship in xxx of my surviving and other
daughters and younger sons as is hereinbefore declared
concerning the original share or shares of my daughters and
younger sons in the said Bank annuities as aforesaid provided
always and I declare and direct that the yearly dividends
interest and proceeds of the said share or respective shares in
the said Bank annuities of such of my daughters and younger sons
at the time of the decease of the survivor of me and my said
wife shall be under the age of twenty one years and unmarried
(or such part thereof as the trustees or trustee for the time
being thereof shall think proper) shall be applied in for or
towards the maintenance education or benefit of my same
daughters and younger sons until he she or they shall
respectively attain the age of twenty one years or marry with
such consent and to be signified as aforesaid with shall first
happen and I declare that the yearly dividends interest and
proceeds of the share of such of my same daughters and younger
sons unapplied for his or her maintenance education or benefit
as last mentioned shall be placed out of invested by and in the
name or names of such trustees or trustee in or upon Government
or xxx securities at interest and the interest and yearly
produce therefrom arising shall in like manner be placed out or
invested in or upon securities of the like nature at interest
and I declare and direct that the fund so to be collected and
accumulated shall go and be payable to such daughter or younger
son as and when he or she shall respectively become entitled to
their original share whereof the interest shall be so placed out
and accumulate as aforesaid and shall in the mean time be
subject and liable to such right condition or contingency of xxx
or survivorship to the others or other of the said daughters and
younger sons as hereinbefore is directed concerning the share or
shares from which such accumulations shall arise respectively
provided always and I hereby declare that from and after the
decease of the survivor of me and my said wife and before the
shares of
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my younger sons in the said Bank annuities
shall by virtue of this my will become payable it shall and may
be lawful to and for the trustees or trustee for the time being
thereof to raise and apply any part of the share of each of my
said younger sons to or for his benefit or advancement in life
in such manner as such trustees or trustee shall judge proper
but so as that the sum or sums of money so to be applied to or
for the benefit or advancement of any one such younger son shall
not exceed in the whole the sum of one thousand pounds four
percent bank annuities and as to the residue of the said sum of
fifteen thousand pounds four percent Bank annuities which shall
remain after deducting thereout the said several shares
hereinbefore given or appointed to my daughters or younger sons
as aforesaid I do hereby give and appoint the same residue
thereof to such oldest or only son of my Body for the time being
as shall first attain the age of twenty one years or marry which
shall first happen so as such a marriage be had with the consent
of the trustees or trustee for the time being of the same Bank
annuities to be signified by any writing or writings under the
hands or hand of such trustees or trustee previously to such
marriage and to be attested by two or more credible witnesses
and the same residue of the said Bank annuities shall be
accordingly paid or assigned o such son at his age of twenty one
years or Day of marriage with such consent and to be signified
as aforesaid which shall first happen but if I shall have no son
who shall live to attain the age of twenty one years or marry
under that age with such consent as to be signified as aforesaid
in that case the same residue of the Bank annuities shall be
upon the same trusts in favour and for the benefit of my
daughters as are hereinbefore declared in that event concerning
the said principal money hereinbefore directed to be placed out
at interest or as near thereto as the death of persons and other
circumstances will admit of provided nevertheless that in case
all my said children shall die under the age of twenty one years
and none of them shall marry under that age with such consent
and to be signified as hereinbefore mentioned in that case the
sum of fifteen thousand pounds four percent Bank annuities shall
be in trust for my said sister Mary Magdalene Goble her
executors administrators and assigns and I declare that
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the interest hereinbefore directed to be
applied for the maintenance of my said children shall be so
applied either immediately by the trustees or trustee for the
time being thereof or at the direction of such trustees or
trustee shall be paid to any person or persons by him her or
them from time to time appointed to receive and apply the same
to that purpose and the accounts of such persons relating to the
expenditure and application of such maintenance money shall be
settled and allowed by such trustees or trustee and I declare
and direct that from and after my decease until the sale or
sales hereby directed to be made as aforesaid shall be made and
executed the rents and profits of the said freehold premises
hereinbefore devised shall be paid to such person or persons and
applied to and for such purposes and in the same proportion and
manner as the interest of the money to arise by such sale or
sales would after such sale or sales be payable or applicable to
by virtue or in pursuance of this my will and I declare and
direct that the receipt or receipts of any of the trustees for
the time being of the said freehold premises hereby directed to
be sold for the purposes aforesaid under their or his hand or
hands respectively shall from time to time effectually discharge
the respective purchaser or purchasers of such parts of the same
premises as by virtue in pursuance of the trusts or directions
of this my will shall be sold of and from so much of the
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 non application of such purchase money or any
part thereof and I declare that if any one or more of them my
said wife and the said Robert Eden and Thomas Methold shall die
or be desirous to decline and be discharged of and from all or
any of the trusts in them reposed by virtue or pursuance of this
my will at any time or times before the same trusts shall be
fully executed and performed and which and as soon as the same
shall happen it shall and may be lawful to and for the trustee
or trustees for the time being of the said trust estates monies
and promises of any writing or writings under their his or her
hands and seals or hand and seal respectively to appoint any
other person or persons to be a trustee or trustees for the
purposes aforesaid in the place of them my said wife and the
said Robert Eden
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and Thomas Methold as shall die or be
desirous to decline and be discharged of and from the same
trusts or any of them and so from time to time to appoint as
often as there shall be occasion any other person or persons to
be a trustee or trustees in manner and for the purposes
aforesaid in the place of the present or any succeeding or other
trustee or trustees who shall die or be desirous to decline and
be discharged of and from the aforesaid trusts or any of them as
aforesaid and that when and as often as any new trustees or
trustee shall be appointed as hereinbefore mentioned the trust
estates securities monies and premises which shall be then
vested in the person or persons so dying or from the trusts
whereof any of the trustees then in being shall desire to be
discharged shall respectively with all convenient speed be
conveyed and transferred so and in such manner as that the same
shall be effectually vested in the surviving or continuing
trustees or trustee and such new trustees or trustee upon the
same trusts and to and for the same intents and purposes and
with and under and subject to the same powers provisos and
declarations as are hereinbefore specified declared or directed
of or concerning the same trusts estates securities monies and
promises respectively or upon and under and subject to such of
the same trusts powers provisions and declarations as for the
time being shall be existing unperformed undischarged and
undetermined or capable of taking effect provided always and I
direct that each of them the said Robert Eden and Thomas Methold
accepting the trusts of this my will shall and may retain out of
my said personal estate hereinbefore to them given the sum of
one hundred pounds as an acknowledgement for the trouble he will
have in the execution of these trusts anything hereinbefore
contained to the contrary notwithstanding and it is my earnest
request and desire and I do hereby direct that my said old mare
called Vixen may be turned out into some park or good pasture
ground and there be suffered to go at large during her life
without ever being made use of by any person or persons
whomsoever and in order that she may be sufficiently supplied
with provider in each year between and during the months of
October and March I do direct that my
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said trustees shall and may annually pay
and apply out of my said personal estate any sum or sums of
money not exceeding the yearly sum of twenty pounds for that
purpose anything hereinbefore contained to the contrary
notwithstanding and I constitute and appoint my said wife and
the said Robert Eden and Thomas Methold Exors of this my last
will and testament and I appoint them and the survivors and the
survivor of them Guardians and Guardian of my said children
until they shall respectively attain the age of twenty one years
or marry which shall first happen and I give to the said Robert
Eden and Thomas Methold their heirs and assigns all such real
estates as are now vested in me by way of mortgage in order to
enable them with the greater ease and convenience to recover
receive and get in the money secured by such mortgages for the
purposes of this my will and I give to the said Robert Eden and
Thomas Methold their heirs and assigns all such real estate as
are now vested in me upon any trust or trusts to hold the same
to the said Robert Eden and Thomas Methold their heirs and
assigns upon the trusts affecting the same and I declare that my
said executors and trustees hereby appointed or any new trustee
or trustees to be appointed as hereinbefore mentioned their
respective heirs executors administrators or assigns shall not
be answerable or accountable the one for the others or other of
them and that they or any of them shall not be charged or
chargeable with or answerable for the acts receipts neglects or
defaults of the others or other of them but each of them for his
own acts receipts neglects or defaults only nor for any money
rents or profits but such only as they shall respectively
actually receive by virtue of this my will nor for any loss
which shall or may happen by the act or failure of any tenant
steward banker or receiver or of any other person or persons
whomsoever employed or acting in the said trusts under the said
trustees for the time being and that they respectively shall be
allowed all their costs charges damages and expenses to be
occasioned by the execution of the trusts in them reposed or to
be reposed by virtue or in pursuance of this my will and I
hereby revoke all my former wills in witness whereof I have to
the bottom of the first eleven sheets of this my will (the whole
whereof is contained in twelve sheets of paper) subscribed my
name and
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to the twelfth and last sheet my hand and
seal the day and year first within written Henry Methold Signed
sealed published and declared by the said testator Henry Methold
as and for his last will and testament in the presence of us who
in his presence at his request and in the presence of each other
have subscribed our names as witnesses to the execution thereof
The White clerk to Mr Hopper Robt White clerk to Mr Hopper Miles
Patrick
This will was proved at London the twenty
third day of May in the year of our Lord one thousand seven
hundred and ninety nine before the worshipful John Fisher Doctor
of Laws and xxx of the Right Honourable William xxx Knight
Doctor of Laws Master Keeper or commissary of the Prerogative
Court of Canterbury lawfully constituted by the oaths of Robert
Eden Esq and the Revd Thos Methold two of the executors named in
the said will to whom administration was granted of all and
singular the goods chattels and credits of the said deceased
having been first survived xxx to administer power reserved of
making the like grant to Dorothea Methold widow the xxx and
other executor when she shall apply for the same. |