1851 England Census

 

[ Home ] - [ Search By Surname ] - [ Search By County ] - [ Links ] - [ ] - [ ] - [ ]

 

 

The Will of Henry Methold

 

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

 

P2

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

 

p3

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

 

p4

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

 

p5

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

 

p6

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

 

p7

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

 

p8

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

 

p9

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

 

p10

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

 

p11

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

 

p12

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

 

p13

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

 

 p14

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.


 

This Will was kindly transcribed and sent in by Kath.

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

 

 

[ Home ] - [ Search By Surname ] - [ Search By County ] - [ Links ] - [ ] - [ ] - [ ]

The copies of wills submitted to these pages remain the property of the submitters, they are not to be copied, reproduced on any web-site without the consent of the submitters or used for any commercial purpose.

 

Website Created & Maintained by Peter Ward -

Copyright © 2004-2012 The Webmaster of Will Transcriptions Online (Peter Ward). All rights reserved.