This transcript is published here with permission of the The National Archives, London. It is published here for the personal
use of genuine Family History Researchers, and must not be
otherwise reproduced or republished in any
way without permission.
Will of Gascoyne Finch of Norton, Co. Durham.
Dated 23.9.1772, proved at London 26.1.1774.
TNA REF: PROB 11/994
This
is the last Will and Testament of me Gascoyne Finch of Norton in the
County of Durham Esquire made the twenty third day of September in the
year of our Lord One thousand seven hundred and seventy two
I
give and devise all my Freehold Messuages Lands Tenements and
hereditaments situate or being in Brafferton and Wolviston in the said
County ( excepting the three houses in Wolviston aforesaid now in the
several Occupations of Robert Rowell George Boad and Thomas Lowerby)
unto and to the use of Henry Wilkinson of Sherburn House in the said
County Esquire Ralph Bradley of Stockton in the said County Esquire and
Robert Preston of the same place Gentleman their Heirs and Assigns for
ever And by Virtue of every Right Power and Authority enabling me in
that behalf I give devise and appoint All my Copyhold Messuages Lands
and Tenements situate or being in the Town Township or Parish of Norton
aforesaid (Excepting the Mansion House in which I now reside and the
Gardens buildings Offices and Appurtenances to the same belonging and
excepting the Field lying immediately behind the said Gardens and
containing by Estimation five Acres or thereabouts) unto and to the use
of the said Henry Wilkinson Ralph Bradley and Robert Preston their
Heirs sequels in Right and Assigns for ever
And I declare and
direct that the said Henry Wilkinson Ralph Bradley and Robert Preston
their Heirs and Assigns shall stand and be seized of the said Freehold
and Copyhold Premises herein before to them devised Upon the Trusts and
subject to the Proviso herein after expressed or Declared of or
concerning the same that is to say
In Trust that they the said
Henry Wilkinson Ralph Bradley and Robert Preston and the Survivors and
Survivor of them and the Heirs and Assigns of such Survivor do and
shall by and out of the Rents and Annual Profits of the same Freehold
and Copyhold Premises raise and pay to Ann Finch of Stockton aforesaid
widow the Annual Sum of twenty Pounds during her Life and to my Servant
Mary Taylor the annual sum of twenty Pounds during her Life free from
Taxes and clear of all other deductions on two days or times in the
year (that is to say) on the first day of May and the eleventh day of
November in every Year by equal Portions and to their respective
Executors or Administrators a proportionable part of the said Annual
Sums to be computed to the day of their respective Deaths from the then
last preceeding day of Payment the first Payment of the said annual
Sums to begin and be made on such of the said days of payment as shall
first happen next after my decease
and if Mary Hayes Wife of
Mr Thomas Hayes of New Elvet in or near the City of Durham shall
survive her said Husband Upon further Trust that they the said Henry
Wilkinson Ralph Bradley and Robert Preston and the Survivors and
Survivor of them and the heirs and Assigns of such Survivor do and
shall in that Case from and after the decease of the said Thomas Hayes
by and out of the Rents and Annual Profits of the same Freehold and
Copyhold Premises raise and pay to the said Mary Hayes the Annual Sum
of seventy Pounds during her Life free and clear as herein before
mentioned on the same two days of Payment in every Year by equal
Portions and to her Executors or Administrators a proportionable Part
of the same annual Sum to be computed to the day of her Death from the
then last preceeding day of payment the first payment of the same
annual Sum to begin and be made on such of the same days as shall first
happen next after the decease of the said Thomas Hayes
and
upon further trust that they the said Henry Wilkinson Ralph Bradley and
Robert Preston and the Survivors and Survivor of them and the Heirs and
Assigns of such Survivor do and shall by Mortgage of the same Freehold
and Copyhold Premises or of any part thereof raise and levy the Sum of
five hundred pounds and pay the same to Ann Ward Daughter of my Niece
Mrs Ann Ward of Stockton aforesaid upon the day of the Marriage of the
said Ann Ward the daughter but without any Interest in the mean time
for the same
And I direct that if the same Ann Ward shall dye
without having been married in that Case the said Sum of five hundred
pounds shall not be raised and subject to the Trusts herein before
thereof declared the same Freehold and Copyhold Premises shall be in
Trust for Elizabeth Grey daughter of my late Nephew William Grey and
the Heirs of her Body
and in Default of such Issue Upon the
Trusts following (that is to say) As to one undivided third part
thereof In Trust for my Niece Ann Finch her Heirs and Assigns for ever
and as to another undivided third part thereof upon such Trusts and to
and for such Intents and Purposes and subject to such Powers Provisoes
and Declarations as my Niece Mary Collins Wife of John Collins
notwithstanding her Coverture and whether sole or married by any deed
or deeds Writing or Writings with or without Power of Revocation to be
by her signed Sealed and delivered in the Presence of two or more
credible Witnesses or by her last Will and Testament in Writing or any
Writing purporting or in the Nature of her last Will to be by her
signed and published in the Presence of three or more credible
Witnesses shall direct or appoint and in default of such direction or
Appointment and in the mean time untill such direction or Appointment
shall be made and take effect and in case any such direction or
Appointment shall be made as and when the Trusts and Estates so to be
directed shall respectively End or determine and as to so much and such
part of the same undivided third part whereof no such direction or
Appointment shall be made In Trust for the said Mary Collins her Heirs
and Assigns and as to the remaining third part of the same Freehold and
Copyhold Premises the same shall be upon such Trusts and to and for
such Intents and Purposes and subject to such Powers Provisoes and
declarations as my Niece Faith Burdon Wife of William Burdon
notwithstanding her Coverture and whether sole or married by any
Deeds or Deeds writing or writings with or without Power of Revocation
to be by her signed sealed and delivered in the Presence of two or more
credible Witnesses or by her last Will and Testament in Writing or any
Writing purporting or in the Nature of her last Will to be by her
signed and published in the Presence of three or more credible
Witnesses shall direct or appoint and in default of such direction or
Appointment and in the mean time untill such direction or
Appointment shall be made and take effect and in Case any such
direction or Appointment shall be made as and when the Trusts and
Estates so to be directed shall respectively end or determine
And
as to so much and such part of the same third part whereof no such
direction or Appointment shall be made In Trust for the said Faith
Burdon her Heirs and Assigns And I declare and direct that the said
Henry Wilkinson Ralph Bradley and Robert Preston and the Survivors and
Survivor of them and the Heirs and Assigns of such Survivor do and
shall from and after my decease untill the said Elizabeth Grey shall
attain the Age of twenty one Years or die which shall first happen
place out or invest in or upon Government or Real Securities at
Interest so much of the Rents and Annual Profits of the said Freehold
and Copyhold Premises herein before to them devised as shall remain
after and shall not be issues and applied in Payment of the several
Annual Sums of Money herein before directed to be raised and paid
thereout and do and shall in like manner place out or invest the
Interest and Yearly Produce therefrom arising upon Securities of the
like Nature at Interest And I declare and direct that the Fund so to be
collected and accumulated shall be paid to the said Elizabeth Grey as
and when she shall attain the age of twenty one years but if she shall
die before she attains that age in that Case the same Fund shall be
upon the Trusts following (that is to say)
As to one third
part thereof In Trust for my said niece Ann Finch her Executors
Administrators and Assigns and as to another third part thereof In
Trust for my said Niece Mary Collins her Executors Administrators and
Assigns and as to the remaining third part thereof In Trust for my said
Niece Faith Burdon her Executors Administrators and Assigns
I
give to my servant the said Mary Taylor such parts of my Wearing
Apparel as shall at my decease consist entirely of Linen Silk or Cotton
and to my servant Charles Turner if he shall be in my service at the time of my decease All the residue of my wearing Apparel
and
by virtue of every Right Power and Authority enabling me in that behalf
I give devise and appoint the said Mansion House in Norton aforesaid
wherein I now reside with the Gardens Buildings Offices and
Appurtenances to the same belonging and the said Field lying
immediately behind the said Gardens and containing by Estimation five
acres or thereabouts And the said Freehold Houses in Wolviston
aforesaid now in the several Occupations of the said Robert Rowell
George Boad and Thomas Sowerby and my Freehold House in Seaton Carew in
the said County with the Appurtenances and I give and devise my
undivided third part of and in all those Freehold and Leasehold
Messuages Lands Tenements and Hereditaments situate or being in the
several Towns Townships Territories or Parishes of Hart Bondgate in
Auckland and Coundon or elsewhere in the said County of Durham which
late belonged to Mr Nathaniel Pewterer And also all my Leasehold
Messuages Lands and Tenements situate in Newton Bewley in the Said
County with the Appurtenances and all my other Messuages Lands and
Tenements of what nature or tenure soever not herein before disposed of
unto the said Henry Wilkinson Ralph Bradley and Robert Preston their
Heirs Sequels in Right Executors Administrators and Assigns in manner
following (that is to say) such parts of the said premises as are
Freehold or Copyhold unto and to the use of the said Henry Wilkinson
Ralph Bradley and Robert Preston their Heirs and Assigns for and during
all my Estate and Interest therein and such parts of the said Premises
as are held by any Lease or Leases for any Term or number of Years unto
the said Henry Wilkinson Ralph Bradley and Robert Preston their
Executors Administrators and Assigns for and during all such Estate
Term and Interest as I shall heve therein at the time of my decease and
I declare and direct that they the said Henry Wilkinson Ralph Bradley
and Robert Preston their Heirs Executors Administrators and Assigns
respectively shall stand and be seized possessed and interested of and
in the said Freehold Copyhold and Leasehold Premises last herein before
to them devised
Upon the Trust herein after declared
concerning the same (that is to say) In Trust as soon as conveniently
may be after my decease to sell and dispose of the said Premises either
intirely or in Parcels to any Person or Persons who shall be willing to
become the purchasor or Purchasors thereof for the best Price or Prices
that can be reasonably gotten for the same and to apply the Money by
every such sale arising to and for the purposes hereinafter expressed
And
I give and bequeath to the said Henry Wilkinson Ralph Bradley and
Robert Preston their Executors Administrators and Assigns All my Ready
Mony Securities for Money and all other my personal Estate of what
nature soever not herein before disposed of and I declare and direct
that the said Henry Wilkinson Ralph Bradley and Robert Preston and the
Survivors and Survivor of them and the Heirs Executors Administrators
and Assigns respectively of such Survivor shall stand and be possessed
and interested of and in the Money to arise & be produced from my
Personal Estate to them given as aforesaid and by the sale of the said
Freehold Copyhold and Leasehold Premises herein before directed to be
sold and disposed of and of and in the Rents and Profits of the same
Premises untill such Sale Upon the following trusts (that is to say)
In
Trust thereout to pay all the debts which I shall owe at the time of my
decease and my Funeral Expences and the several Legacies or Sums of
Money herein after expressed to the several Persons hereinafter
mentioned (that is to say) To my said Niece Ann Finch the sum of five
hundred pounds To my said servant Mary Taylor the sum of twenty pounds
To my said servant Charles Turner if he shall be in m y service at my
decease the sum of ten pounds over and above his wages To my servant
Robert Benson if he shall be in my service at my decease the sum of
five pounds over and above his Wages and to such of them the said Henry
Wilkinson Ralph Bradley and Robert Preston as shall accept the Trusts
of this my Will the sum of One hundred pounds a piece as a
Consideration and satisfaction for their Trouble in the Execution and
Performance of the same Trusts All the said Legacies to be paid within
twelve Calendar Months next after my decease
And in Trust
within twelve Calendar Months next after my decease to set apart and
appropriate the sum of One thousand five hundred pounds for the
purposes herein after expressed (that is to say) In Trust to place out
or invest the same in or upon Government or Real Securities at Interest
untill the same shall become payable by Virtue of this my Will and In
Trust during the joint lives of my said Niece Mary Collins and her
present husband to pay the Interest therefrom arising to her proper
hands or to such persons and for such purposes as she shall appoint To
the intent the same may be for her separate and peculiar use and may
not be subject to the debts controul disposition or engagements of her
Husband And if she shall survive her said Husband in that case the said
sum of One thousand five hundred pounds shall from and after his
decease be In Trust for her the said Mary Collins and her Executors
Administrators and Assigns but if she shall die in his lifetime in that
case from and after her decease the said sum of One thousand five
hundred pounds shall be upon the Trusts following (that is to say) the
sum of One thousand pounds being two third parts thereof shall be In
Trust for Finch Collins Son of the said Mary Collins his Executors
Administrators and Assigns and the Sum of five hundred pounds the
remaining third part thereof shall be in Trust for Mary Collins
Daughter of my said Niece Mary Collins and the Executors Administrators
and Assigns of the said Mary Collins the Daughter And I direct that if
either of them the said Finch Collins and Mary Collins the Daughter
shall die under the age of twenty one years in that case the share or
portion of such of them so dying shall be In Trust for the other of
them but shall not be payable sooner than the Original Portion or share
of such other of them shall become payable and if the same Finch
Collins and Mary Collins shall both die before either of them shall
attain the Age of twenty one years in that case the said Sum of One
thousand five hundred pounds shall be upon such Trusts as the said Mary
Collins the Mother notwithstanding ner coverture by her last Will and
Testament in writing or any writing purporting or in the Nature of her
last Will to be by her signed and published in the Presence of two or
more credible Witnesses shall direct or appoint and in default of such
direction or Appointment In Trust for the Executors and Administrators
of the same Mary Collins as part of her Personal Estate
And I
direct that the Interest of the Portion or respective Portions or
Shares of such of them the said Finch Collins and Mary Collins the
daughter of and in the said Sum of One thousand five hundred pounds as
shall be under the age of twenty one years at the decease of their
Mother shall be applied for his her or their Maintenance Education or
benefit respectively untill he she or they shall respectively attain
the Age of twenty one years or die which shall first happen in such
manner as the Trustees or Trustee for the time being of the same Trust
Money shall think proper Provided always and I declare and direct that
if the said Mary Collins the Mother shall by any writing or writings
under her hand and seal and to be attested by two or more credible
Witnesses direct any Sum or Sums of Money part of the Portion or Share
hereby intended for her said Son Finch Collins of and in the said Sum
of One thousand five hundred pounds to be applied in the joint
Lifetimes of her self and her said Husband for the benefit of her said
Son or any Sum part of the Portion or share of her said Daughter to be
in like manner applied for her Benefit in that Case it shall and may be
lawful to and for the said Henry Wilkinson Ralph Bradley and Robert
Preston or the Trustees or Trustee for the time being of the same Trust
Money and he and they are hereby authorized intrusted and required in
that Case to apply the same pursuant to every such Direction but so as
that the Sum or Sums of Money so to be applied for the benefit of the
said Finch Collins shall not exceed in the whole the Sum of four
hundred pounds and so as that the Sum or Sums of Money so to be applied
for the benefit of the said Mary Collins the Daughter shall not exceed
in the whole the Sum of two hundred pounds
and also In Trust
within twelve Calendar Months next after my decease by and out of the
Money to arise and be produced as aforesaid from my Personal Estate and
by the Sale of the said Freehold Copyhold and Leasehold Premises herein
before directed to be sold and disposed of and the Rents and Profits of
the same Premises untill such Sale do set apart and appropriate the Sum
of two thousand five hundred pounds for the Purposes herein after
expressed (that is to say)
In Trust to place out or invest the
Same in or upon Government or Real Securities at Interest untill the
same shall become payable by Virtue of this my Will and in Trust during
the joint Lives of my said Niece Faith Burdon and her present Husband
to pay the Interest therefrom arising to her proper Hands or to such
Persons and for such Purposes as she shall appoint to the Intent the
same may be for her separate and peculiar Use and may not be subject to
the debts Controul disposition or Engagements of her said Husband and
if she shall survive her said Husband in that Case the said sum of two
thousand five hundred pounds shall from and after his decease be In
Trust for her the said Faith Burdon her Executors Admors and Assigns
But if she shall die in his Lifetime in that case from and after her
decease the said sum of two thousand five hundred pounds shall be In
Trust for William Burdon Robert Burdon Ann Burdon Frances Burdon and
?Jane? Burdon children of my said Niece Faith Burdon in equal shares
and in case any of them the said William Burdon Robert Burdon Ann
Burdon Frances Burdon and Jane Burdon shall die under the age of twenty
one years then as well the Original share as every other share of such
of them so dying shall be In Trust for the others or other of them in
equal shares if more than one but shall not be payable sooner than the
original share of such others or other of them shall become payable And
in case the said William Burdon Robert Burdon Ann Burdon Frances Burdon
and Jane Burdon shall all die before any of them shall attain the Age
of twenty one years in that Case the said Sum of two thousand five
hundred pounds shall be upon such Trusts as my said Niece Faith Burdon
notwithstanding her coverture by her last Will and Testament in Writing
or any Writing purporting or in the Nature of her last Will to be by
her signed and published in the Presence of two or more Credible
witnesses shall direct or appoint and in default of such direction or
appointment In Trust for the Executors and Administrators of the said
Faith Burdon as part of her personal Estate and I declare and direct
that the Interest of the respective Shares of such of the said children
of my said Niece Faith Burdon as shall be under the age of twenty one
years at her decease shall be applied for the Maintenance Education or
benefit of such Children respectively untill they shall respectively
attain the Age of twenty one Years or dye which shall first happen in
such manner as the Trustees or Trustee for the time being of the same
Trust Money shall think proper Provided always and I declare and direct
that if my said Niece Faith Burdon shall by any writing or writings
under her hand and seal and to be attested by two or more credible
witnesses ..... any Sum or Sums of Money part of the respective Shares
of her said Children of and in the said Sum of two thousand five
hundred pounds to be applied in the joint Life times of herself and her
said Husband for the benefit of the same Children respectively in that
Case it shall and may be lawful to and for the said Henry Wilkinson
Ralph Bradley and Robert Preston and the Survivors and Survivor of them
and for the Trustees or Trustee for the time being of the same Trust
Money and he and they are hereby authorized intrusted and required in
that Case to apply the same Pursuant to every such Direction but so as
that the Sum or Sums of Money so to be applied for the benefit of any
one of the same Children shall not Exceed in the whole the Sum of two
hundred pounds
Provided always and I hereby declare and direct
that if at the End of twelve Calendar Months next after my decease the
Money which shall at that time have been raised and produced from such
parts of my Real and Personal Estates as are herein before appropriated
to the payment of my debts and Funeral Expences and the several Legacys
or Sums of Money herein before directed to be paid thereout shall in
the Judgement of the Trustees for the time being of the same estates
appear to be deficient for that purpose in that Case it shall and may
be lawful to and for the same Trustees and they are hereby authorized
intrusted and required in that Case by Mortgage of the said Freehold
and Copyhold Premises first herein before devised or any part or parts
thereof to raise and levy such sum or sums of Money as they shall judge
necessary or expedient for the supplying and making good such
deficiency and shall apply the Money so to be raised for the answering
of that purpose accordingly
And I declare and direct that the
said Henry Wilkinson Ralph Bradley and Robert Preston and the Trustees
for the time being thereof shall stand and be possessed and interested
of and in so much of the Money to arise and be produced as aforesaid
from my Real and Personal Estates herein before appropriated to the
payment of my Debts Funeral Expences and Legacies herein before
directed to be paid thereout as shall not be issued and applied in
manner and for the Purposes aforesaid as the same shall come in and be
received Upon the Trusts following (that is to say) In Trust thereout
to satisfy and discharge all such sum or sums of Money as by Virtue or
in Pursuance of this my Will shall be borrowed on Mortgage of the said
Freehold and Copyhold Premises first herein before devised and In Trust
to invest the Surplus thereof as the same shall come in and be received
in the Purchase of Freehold or Copyhold Messuages Lands or Tenements of
Inheritance in Possession and to settle and assure the same to for upon
and subject to the same uses Estates Trusts Powers Provisoes and
Declarations as are herein before expressed limited declared or
directed of or concerning the said Freehold and Copyhold Premises first
herein before devised or as near thereto as the Nature of the Estates
so to be purchased the death of Persons and other Circumstances will
then admit of but so as that with Respect to the said Annual and other
Sums of Money herein before directed to be raised and paid by and out
of the said last mentioned Freehold and Copyhold Premises the Lands or
Tenements so to be purchased as herein before mentioned shall be made
an additional Security only for the raising and paying of the same
annual and other sums of Money and I direct that in the mean time
untill such purchases shall be made as herein before mentioned the said
Surplus of the Money to arise and be produced as herein last before
mentioned shall be placed out or invested in or upon Government or Real
Securities at Interest and the Interest therefrom arising shall be paid
to such Persons and applied in such manner and for such Purposes as the
Rents and Profits of the Lands and Tenements so to be purchased would
be payable or applicable to in Case the same were purchased and settled
pursuant to the Trusts and Directions of this my Will
and I
declare and direct that the Person or Persons who at the time of my
decease shall stand seized of the said Copyhold Premises hereby devised
In Trust for me shall as soon as conveniently may be surrender the same
premises respectively so and in such manner as that the same shall be
vested in the said Henry Wilkinson Ralph Bradley and Robert Preston
their Heirs and Sequels in Right Upon the Trusts in this my Will
declared concerning the same Premises respectively
and I
declare and direct that the Receipt or Receipts of the said Henry
Wilkinson Ralph Bradley and Robert Preston their Heirs and Sequels in
Right Upon the Trusts in this my Will declared concerning the same
Premises respectively and I declare and direct that the Receipt or
Receipts of the said Henry Wilkinson Ralph Bradley and Robert Preston
or any of them or of any of the Trustees for the time being of the said
Premises hereby directed to be sold or mortgaged for the purposes
aforesaid under his or their hands or hand respectively shall from time
to time effectually discharge the respective Purchasor or Purchasors
Mortgagee or Mortgagees of such parts of the same Premises as by Virtue
or in Pursuance of the Trusts or Directions of this my Will shall be
sold or mortgaged respectively of and from so much of the Purchase or
Mortgage Money as shall therein be expressed to be received and that
such Purchasor or Purchasors Mortgagee or Mortgagees shall not
afterwards be answerable or accountable for any Loss Misapplication or
Nonapplication of such Purchase or Mortgage Money And I declare that it
shall and may be lawful to and for the said Henry Wilkinson Ralph
Bradley and Robert Preston and the Trustees to be appointed as herein
after is mentioned or the Major part of them for the time being from
time to time to agree and compound with any Person or Persons who after
my death shall be Debtors or Accountants to or shall appear or pretend
to be Creditors or Demandants upon my Estate or Effects or upon my
Executors or Trustees in Respect thereof thereof in all Cases where the
same shall seem to them or the major part of them necessary or
reasonable and to take such part as can be gotten in full discharge of
all such Debts and also to give such Consideration as will be accepted
in full discharge of all such Demands as shall be thought most
advantageous and beneficial for my Estate and the Persons interested in
the same by Virtue of this my Will Provided always and I declare and
direct that if any of them the said Henry Wilkinson Ralph Bradley and
Robert Preston shall die or be desirous to decline and be discharged of
and from all or any of the Trusts hereby in them reposed at any time or
times before the same Trusts shall be fully executed and performed and
when and as soon as the same shall happen it shall and may be lawful to
and for such of the same Trustees as shall be desirous to be discharged
of and from the same Trusts or any of them and for the Executors or
Administrators of such of them as shall so dye by any writing or
writings under his or their hands and seals or hand and seal
respectively to appoint any other person to be a Trustee for the
purposes aforesaid in the place of such of them 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 be discharged off and from the aforesaid Trusts or any of
them as aforesaid and that when and as often as any new Trustee or
Trustees shall be appointed as herein before mentioned the Trust
Estates Securities Monies anad 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 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 Provisoes and Declarations as
are herein before expressed or declared concerning the same Trust
Estates Securities Monies and Premises respectively or upon and
under and subject to such of the same Trusts Powers Provisoes and
declarations as for the time being shall be existing or capable of
taking effect I constitute the said Henry Wilkinson Ralph Bradley and
Robert Preston Executors of this my Will hereby revoking all my former
Wills and I declare that my said Executors and Trustees herein before
named for the respective purposes herein before mentioned their
respective Heirs Executors Administrators and Assigns or any new
Trustee or Trustees to be appointed as aforesaid or any of them shall
not be charged or chargeable with or accountable for any more of the
aforesaid Trust Estates Moneys and Premises than they respectively
shall actually receive or shall come to their respective hands by
virtue of this my Will, nor with or for any loss which shall happen of
the same Estates Monies and Premises or any part thereof so as such
loss happen without their wilful default nor any one of them for the
Acts Deeds Receipts or Disbursements of the others or other of them but
each of them only for his own Acts Deeds Receipts and Disbursments And
that they respectively shall and may by and out of the said Trust
Estates Money and Premises respectively be allowed and retain to and
reimburse themselves all such Loss Costs Charges damages and expences
as they respectively shall or may suffer sustain expend or be put unto
in or about the Execution of the Trusts by virtue or in pursuance of
this my Will in them respectively reposed or to be reposed in relation
to the same Estates Money and Premises respectively
In Witness
whereof I have to this my last Will and Testament contained in this and
the seven preceeding sheets of paper hereto annexed set my hand and
seal (to wit) my hand to the bottom of each of the said preceeding
sheets my hand and seal to this last sheet and my seal at the top of
the first of the said preceeding sheets where all the said sheets are
fixed together the day and year first within written, Gas: Finch The
writing contained in this and the seven preceeding sheets of paper
hereto annexed was signed and sealed by Gascoyne Finch of Norton in the
County of Durham Esquire and by him published and declared as and for
his last Will and Testament in the presence of us who as witnesses
thereof have hereto subscribed our names in his presence at his request
and in the presence of each other Wm Hoare, Josh Ritson jun, Harrison
Thompson.
This will was proved at London before the Right
Worshipful Sir George Hay Knight Doctor of Laws Master Keeper or
Commissary of the Prerogative Court of Canterbury lawfully constituted
on the twenty sixth day of January in the year of our Lord One Thousand
seven hundred and seventy four by the Oath of Robert Preston Esquire
one of the Executors named in the said Will to whom Administration was
granted of all and singular the Goods Chattels and Credits of the
deceased having been first sworn by Commission duly to Administer Power
reserved of making the like grant to Henry Wilkinson and Ralph Bradley
Esquires the other Executors named in the said Will when they or either
of them shall apply for the same.