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Durham Probate Records
This
is the last Will and Testament of me John Lockey of the Town and County
of Newcastle upon Tyne Gentleman I charge and make chargeable all my
Estate and Effects as well real as personal with the payment of all my
just Debts Funeral Expenses and the Costs and Charges of proving this
my Will
I give and bequeath to Simon Gallon of Scotchwood near Newcastle upon Tyne Paper Maker and John Talentyre of Newcastle upon Tyne Cordwainer whom I hereinafter appoint Executors of this my Will the Sum of Five Pounds a piece
I give devise and bequeath all my Estate and Effects both real and personal and of what nature kind or quality soever the same may be or consist of which I shall die seized or possessed of or entitled to or over which at the time of my decease I shall have a disposing power unto the said Simon Gallon and John Tallentyre their Heirs Executors Administrators and Assigns according to the different natures and tenures thereof respectively upon the several Trusts and to and for the several ends intents and purposes hereinafter declared of or concerning the same that is to say
Upon Trust as to such part of my said Estate and Effects as shall not at the time of decease consist of Money and shall or may be of a saleable nature that they the said Simon Gallon and John Talentyre and the Survivor of them his Heirs Executors or Administrators shall and do as soon as conveniently may be after my decease or at any time or times afterwards when and as they or he shall think proper sell and absolutely dispose of the same or any part or parts thereof at their or his discretion either together or in one Lot or in Parcels or several Lots and either by public sale or private contract as the said Trustees or Trustee shall think best and also make execute and perfect all necessary or proper Deeds Conveyances and Assurances for the purpose of vesting the same in any purchaser or purchasers thereof or as he she or they shall direct And I hereby declare and direct that the receipt or receipts of the said Trustees or Trustee shall be a good and sufficient acquittance and discharge and good and sufficient acquittances and discharges to the Purchaser or purchasers of my said Estate and Effects whether real or personal or any part thereof respectively for the Money which in such Receipt or Receipts shall be acknowledged to be received and that no such Purchaser or Purchasers after paying his her or their Purchase Money to the said Trustees or Trustee shall be answerable for the application or in any respect accountable for the misapplication or non application of the same
And I do hereby direct that they the said Simon Gallon and John Talentyre and the Survivor of them his Heirs Executors and Administrators do and shall stand possessed of and interested in as well the Money to arise by or from every or any such Sale as the Money which shall be in my possession at the time of my decease and all other Monies to be received by them out of my Estate and Effects after payment of my Debts Funeral Expenses and the Costs and Charges of proving and executing the Trusts of this my Will and the aforesaid Legacies In Trust to lay out and invest the same at Interest in or upon such good and sufficient Security or Securities as the said Trustees or Trustee shall think fit in their or his names or name and that they the said Simon Gallon and John Talentyre and the Survivor of them his Heirs Executors or Administrators do and shall stand possessed of and interested in as well the said Securities as all or any other Securities for Money which I may be possessed of or interested in at the time of my decease and also do and shall stand seized of my said real Estate until any such sale thereof as aforesaid and of and in all other my real and personal Estate and Effects and the residue and remainder thereof upon the Trusts and for the intents and purposes hereinafter declared or expressed concerning the same that is to say
Upon Trust to pay all the interest Rents and annual produce and proceeds thereof unto my Wife Elizabeth Lockey during her life or so long as she shall remain sole and unmarried to and for her own absolute use and benefit and from and after the decease or marriage of my said Wife which shall first happen as to all my said Estate and Effects both real and personal and the Funds and Securities in or upon which the same or any part thereof shall be invested and the Interest Rents Produce and Proceeds thereof
Upon Trust thereout to pay to Margaret Gallon Daughter of the said Simon Gallon the Sum of One Hundred pounds upon her attaining the Age of Twenty one Years and to the said Simon Gallon Interest upon the said Sum of One Hundred Pounds after the rate of Five pounds per centum per annum until his said Daughter attains that age
to my Brother William Lockey of the City of York Coach Guard the sum of Two Hundred Pounds
to my Nephew John Lockey son of my Brother Richard Lockey of Ovingham near Malton in the County of York Publican the sum of three Hundred Pounds
and to my Sister Mary Johnson Wife of Andrew Johnson of the City of York Labourer the sum of One Hundred Pounds
and Upon Trust as to all the rest residue and remainder of my said Estate and Effects subject to the aforesaid Legacies to pay the Interest Rents and annual Produce and Proceeds thereof to my Brother the said Richard Lockey for and during the Term of his natural Life and from and after his death to pay assign transfer and convey the whole thereof and all the Interest Rents Produce and Proceeds thereof unto between and among all the children of my said Brother Richard Lockey (except his Son the said John Lockey) in equal proportions share and share alike as Tenants in Common and not as joint Tenants
Provided
always and I hereby declare and direct that my said Trustees for the
time being shall have power and they are hereby authorized from time to
time when and as they respectively shall think proper to alter change
and vary the Security or Securities upon which my Estate and Effects or
any part thereof shall at the time of my decease or at any time
afterwards be laid out or invested I appoint the said Simon Gallon and
John Talentyre Executors of this my Will and I hereby declare that my
said Trustees and Executors shall be charged and chargeable only for
such Monies as they shall respectively actually receive by virtue of
this my Will and that neither of them shall be answerable or
accountable for the other of them but each of them for his own Acts
receipts neglects or defaults only neither shall they or either of them
be answerable for any Banker or other Person with whom or in whose
Hands any part of the said Trust Monies shall or may be deposited for
safe custody or otherwise in the execution of any of the aforesaid
Trusts neither shall they the said Trustees and Executors or either of
them be answerable or accountable for the insufficiency or deficiency
of any Security or Securities in or upon which the said Trust Monies
shall or may be placed out or invested nor for any other loss
misfortune or damage which may happen in the execution of any of the
aforesaid Trusts or in relation thereto unless the same shall happen by
or through their own wilful defaults respectively And also that they my
said Trustees and Executors and each of them shall and may with and out
of the money which shall come to their or his Hands by virtue of the
aforesaid Trusts retain to and reimburse themselves and himself
respectively and also pay or allow to his Co Trustee all Costs Charges
Damages and Expenses which they or either of them shall or may suffer
sustain expend disburse or be put unto in the execution of this my Will
or of all or any of the Trusts hereby in them reposed or in relation
thereto In Witness whereof I have to the first and second Sheets of
Paper hereunto annexed containing part of my last Will and Testament
set my hand and to this third or last Sheet of Paper annexed to the
said first and second Sheets containing the remainder of my last Will
and Testament set my Hand and Seal the Third Day of February in the
year of our Lord One thousand eight hundred and thirty
John Lockey
Signed sealed etc......
Henry Ingledew Attorney Newcastle
Mary Weir
This
Will was proved at Durham on the 5th day of December 1832 by John
Talentyre of the Town and County of Newcastle upon Tyne Cordwainer the
surviving Executor to whom Admon was granted he having been first duly
sworn by Commission before the Revd Henry Deer Griffith Clk M.A. a
commissioner in this behalf lawfully appointed faithfully to execute
and perform the same as usual
Effects sworn under £800
Joseph Davison Dep. Reg.
transcript Dave King, published 26.5.2009