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This is the last will and testament of me Christopher Porritt of Elwick in the parish of Hart in the County of Durham Farmer made the twelfth day of July in the year of our Lord one thousand eight hundred and twenty
I give and devise all my freehold messuages lands tenements and hereditaments situate lying and being in the town township precincts or territories of Elwick aforesaid with the appurtenances And all other my real estate ( Except the real estates vested in me upon any trust or trusts or by way of mortgage) unto and to the use of my brother Henry Porritt and Ralph Musgrave of Greatham in the said County Butcher their heirs and assigns for ever Upon the trusts following (that is to say) In trust for my wife Rebecca Porritt and her assigns for and during the term of her natural life if she shall so long continue my widow And from and after her decease or second marriage which shall first happen In trust for my Nephew Christopher Fairfoot Porritt (son of my said brother Henry Porritt) and the heirs and assigns of the said Christopher Fairfoot Porritt for ever provided always and I declare that if my said nephew Christopher Fairfoot Porritt shall die under the age of twenty one years In that case and thenceforth the said premises hereinbefore devised shall (subject to the trust hereinbefore thereof declared in favor of my said wife) be in trust for my nephew Joseph Porritt (another son of my said brother Henry Porritt) and the heirs and assigns of the said Joseph Porritt for ever
Provided also And I declare that if both of them my said Nephews Christopher Fairfoot Porritt and Joseph Porritt shall die before either of them shall attain the age of twenty one years Then and in that case and thenceforth my said brother Henry Porritt and the said Ralph Musgrave their heirs and assigns shall (subject to the trust hereinbefore declared In favor of my said wife) stand and be seised of and in the said premises hereinbefore devised Upon the trusts following (that is to say) In trust absolutely to sell convey and dispose of the same premises either entirely or in parcels and either by public sale 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 that can be reasonably obtained for the same And I declare that the money by every such sale arising and the rents and profits of the same premises in the meantime until such sale shall be added to and go with and be upon the same trusts as are hereinafter expressed or declared concerning the residue of my personal estate hereinafter bequeathed to my said trustees And I direct that from and after the decease or second marriage of my said wife which shall first happen during the infancy or minority of such of my said nephews Christopher Fairfoot Porritt and Joseph Porritt as for the time being shall be presumptively entitled in possession to the said premises hereinbefore devised the rents and annual profits of the same premises shall be applied for or towards the maintenance education or benefit of such nephew so for the time being entitled as last mentioned in such manner as the trustees or trustee for the time being thereof shall think proper I give the sum of one thousand two hundred pounds unto my said brother Henry Porritt and the said Ralph Musgrave their executors administrators and assigns to be paid to them at the end of twelve calendar months next after my decease with the interest for the same after the rate of five pounds for one hundred pounds for a year to be computed from the time of my decease until the actual payment thereof Upon the trusts following (that is to say) In trust from time to time to place out or invest the said sum of one thousand two hundred pounds in or upon Government or real securities at interest to be altered and varied from time to time as occasion shall require at the discretion of my said trustees or trustee until the same shall become payable by virtue of this my will And In trust to pay the dividends Interest and yearly proceeds therefrom arising As the same shall come in and be received unto my said wife Rebecca Porritt and her assigns or otherwise to authorise or permit and suffer her and them to receive and enjoy the same during her life and unto the day of her death if she shall so long continue my widow and from and after her decease or second marriage which shall first happen the said sum of one thousand two hundred pounds shall be added to and go with and be upon the same trusts as are hereinafter expressed or declared concerning the residue of my personal estate hereinafter bequeathed to my said trustees
And I give to each of them my said brother Henry Porritt and the said Ralph Musgrave who shall accept the trusts of this my will the sum of twenty pounds as an acknowledgement for their trouble in the execution of the same trusts And to be paid at the end of twelve calendar months next after my decease without interest
And I give and bequeath all my wearing apparel plate china linen and household furniture horses cows sheep cattle crops as well reaped as unreaped live and dead stock implements of husbandry farming and dairy utensils And also all the wine and other liquors coals and fuel which shall be in or about the dwellinghouse wherein I shall reside at the time of my decease unto my said wife Rebecca Porritt for her own use and benefit exempt from the payment of my funeral expenses and debts
And I give all my ready money and money upon securities and all other my personal estate and effects whatsoever and wheresoever (not hereinbefore specifically disposed of) unto my said brother Henry Porritt and the said Ralph Musgrave their executors administrators and assigns In trust to sell and dispose of get in and convert the same into money And In trust thereout to pay my funeral and testamentary expenses and debts and the several legacies or sums of money hereinbefore given
And as to the residue or surplus of the same trust money which shall remain after answering the purposes last mentioned the same shall be Upon the trusts hereinafter expressed or declared concerning the same ( that is to say)
As to one equal seventh part thereof Upon the trusts following (that is to say) As to seven ninth parts of the same seventh part In trust for my nephews Thomas Atkinson Joseph Atkinson Ralph Atkinson and John Atkinson and for my neices Mary Blackburn Ann Holborn and Rebecca Golightly (children of my late sister Jane Atkinson deceased in equal shares their respective executors administrators and assigns And as to one other ninth part of the same seventh part In trust from time to time to place out or invest the same ninth part in or upon Government or real securities at interest to be altered and varied from time to time as occasion may require at the discretion of the trustees or trustee for the time being thereof until the same shall become payable by virtue of this my will And I declare that the money so to be placed out or invested as last mentioned shall be In trust for the son of my late neice Jane Fair deceased (another of the children of my said late sister Jane Atkinson) Provided always and I declare that if such son shall die under the age of twenty one years In that case and thenceforth the same ninth part shall be Upon the trusts following (that is to say) as to seven eighth parts thereof In trust for my said nephews Thomas Atkinson, Joseph Atkinson, Ralph Atkinson and John Atkinson and my said Nieces Mary Blackburn Ann Holborn and Rebecca Golightly in equal shares their respective executors administrators and assigns And as to the remaining eighth part thereof Upon the same trusts and to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinafter expressed or declared of or concerning the remaining ninth part of the said seventh part of the before mentioned residue which is by this my will declared to be In trust for the son and daughter of my late niece Elizabeth Watson deceased (another of the children of my said late sister Jane Atkinson) or as near thereto as may be and the death of persons and other circumstances will admit of And I direct that the Interest of the said ninth part hereinbefore declared to be In trust for the son of my said late niece Jane Fair shall from time to time be applied for or towards his maintenance education or benefit in such manner as the trustees or trustee for the time being thereof shall think proper until he shall attain the age of twenty one years or die which shall first happen And as to the remaining ninth part of the said seventh part of the before mentioned residue In trust from time to time to invest or place out the same ninth part in or upon Government or real securities at interest to be altered and varied from time to time as occasion shall require at the discretion of the trustees or trustee for the time being thereof until the same shall become payable by virtue of this my will And I declare that the money so to be invested or placed out at interest as last mentioned shall be In trust for the son and daughter of my said late niece Elizabeth Watson in equal shares Provided always and I declare that if either such son or such daughter shall die under the age of twenty one years In that case and henceforth the share of such of them so dying of and in the same trust money shall be In trust for the other of them but shall not be payable sooner than the original share of such other of them shall become payable And if they shall both die before either of them shall attain the age of twenty one years In that case and thenceforth the same ninth part shall be upon the trusts following (that is to say) As to seven eighth equal parts thereof In trust for my said nephews Thomas Atkinson, Joseph Atkinson, Ralph Atkinson and John Atkinson and my said nieces Mary Blackburn Ann Holborn and Rebecca Golightly in equal shares their respective executors administrators and assigns And As to the remaining eighth part thereof Upon the same trusts and to and for the same powers and declarations as are hereinbefore expressed or declared of or concerning the before mentioned ninth part which is by this my will declared to be In trust for the said son of my said late niece Jane Fair or as near thereto as may be and the death of persons and other circumstances will admit of And I direct that the interest of the respective shares of the said son and daughter of my said niece Elizabeth Watson of and in the said ninth part hereinbefore declared to be In trust for them shall from time to time be applied for or towards their respective maintenance education or benefit in such manner as the trustees or trustee for the time being thereof shall think proper until the same shares shall respectively become payable
And as to another seventh part of the before mentioned residue the same shall be In trust for my nephews Christopher Bulmer Thomas Bulmer Henry Bulmer Joseph Bulmer and George Bulmer and my nieces Mary Bulmer Rebecca Bulmer and Ann Hogg (children of my late sister Mary Bulmer deceased) in equal shares their respective executors administrators and assigns
And as to another seventh part of the before mentioned residue The same shall be Upon the trusts following ( that is to say) In trust from time to time to place out or invest the same seventh part in or upon Government or real securities at interest to be altered and varied from time to time as occasion may require at the discretion of the trustees or trustee for the time being thereof until the same shall become payable by virtue of this my will And in trust to pay the dividends interest or yearly proceeds therefrom arising as the same shall from time to time come in and be received unto my sister Ann Stratford and her assigns or otherwise to authorise or permit and suffer her and them to receive and enjoy the same during her life and unto the day of her death And from and after her decease the said money so to be invested or placed out at interest as last mentioned shall be Upon the trusts following (that is to say) As to three equal sixth parts thereof In trust for my nephew Joseph Stratford and my nieces Hannah Lee and Rebecca Friend (three of the children of my said sister Ann Stratford in equal shares their respective executors administrators and assigns And as to one other sixth part thereof Upon the trusts following (that is to say) In trust for the daughter of my late niece Mary Douglas deceased (another of the children of my said sister Ann Stratford) Provided always and I declare that if the said daughter of my same niece shall die under the age of twenty one years In that case and thenceforth the same sixth part shall be Upon the trusts following (that is to say) As to three parts thereof In trust for my said nephew Joseph Stratford and my said nieces Hannah Lee and Rebecca Friend in equal shares their respective executors administrators and assigns And as to another fifth part thereof Upon the same trusts And to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinafter expressed or declared of or concerning the sixth part of the same seventh part which is by this my will declared to be In trust for the children of my late niece Ann Mewburn deceased (another of the children of my said sister Ann Stratford) or as near thereto as may be and the death of persons and other circumstances will admit of And as to the remaining fifth part thereof Upon the same trusts and to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinafter expressed or declared of or concerning the sixth part of the same seventh part which is by this my will declared to be in trust for the children of my late niece Jane Bulmer deceased (another of the children of my said sister Ann Stratford) or as near thereto as may be and the death of persons and other circumstances will admit of And I direct that from and after the decease of my said sister Ann Stratford the interest of the said sixth part which is hereinbefore declared to be in trust for the said daughter of my said niece Mary Douglas shall be applied for or towards the maintenance education or benefit of such daughter in such manner as the trustees or trustee for the time being thereof shall from time to time think proper until she shall attain the age of twenty one years or die which shall first happen And as to another sixth part of the same seventh part Upon the trusts following (that is to say) In trust for all and every the child and children of my said late niece Ann Mewburn in equal shares Provided always And I declare that if any one or more of the same children shall die under the age of twenty one years In that case and thenceforth as well the original share as every other share of each of them so dying of and and in the same trust money 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 or shares of such others or other of them shall respectively become payable And if all the same children of my same niece shall die before any of them shall attain the age of twenty one years in that case and thenceforth the same sixth part shall be Upon the trusts following (that is to say) As to three fifth parts thereof In trust for my said nephew Joseph Stratford and my said nieces Hannah Lee and Rebecca Friend in equal shares their respective executors administrators and assigns And as to another fifth part thereof Upon the same trusts and to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinbefore expressed or declared of or concerning the said sixth part which is by this my will declared to be in trust for the daughter of my said late niece Mary Douglas or as near thereto as may be and the deaths of persons and other circumstances will admit of And as to the remaining fifth part thereof Upon the same trusts and to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinafter expressed or declared of or concerning the sixth part which is by this my will declared to be In trust for the children of my said niece Jane Bulmer or as near thereto as may be and the deaths of persons and other circumstances will admit of And i direct that from and after the decease of my said sister Ann Stratford The interest of the respective shares of the said children of my said late niece Ann Mewburn of and in the said sixth part hereinbefore declared to be In trust for them shall be applied for or towards their respective maintenance education or benefit in such manner as the trustees or trustee for the time being thereof shall from time to time think proper until the same shares shall respectively become payable And as to the remaining sixth part of the same seventh part the same shall be Upon the trusts following (that is to say) In trust for the two children of my said late niece Jane Bulmer in equal shares provided Always and I declare that if either of the same children shall die under the age of twenty one years in that case and thenceforth the share of such of them so dying of and in the same trust money shall be In trust for the other of them but shall not be payable sooner than the original share of such other of them shall become payable And if both the same children shall die before either of them shall attain the age of twenty one years in that case and thenceforth the same sixth part shall be upon the trusts following (that is to say) As to three fifth parts thereof In trust for my said nephew Joseph Stratford and my said nieces Hannah Lee and Rebecca Friend in equal shares their respective executors administrators and assigns And as to another fifth part thereof Upon the same trusts and to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinafter expressed or declared of or concerning the said sixth part which is by this my will declared to be In trust for the said daughter of my said late niece Mary Douglas or as near thereto as maybe and the death of persons and other circumstances will admit of And as to the remaining fifth part thereof Upon the same trusts and to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinbefore expressed or declared of or concerning the said sixth part which is by this my will declared to be In trust for the children of my said niece Ann Mewburn or as near thereto as may be and the deaths of persons and other circumstances will admit of And I direct that from and after the decease of my said sister Ann Stratford the interest of the respective shares of the children of my said niece Jane Bulmer of and in the said sixth part which is hereinbefore declared to be In trust for them shall be applied for or towards their respective maintenance education or benefit in such manner as the trustees or trustee for the time being thereof shall from time to time think proper until the same shares shall respectively become payable
And as to another seventh part of the before mentioned residue the same shall be Upon the trusts following (that is to say) In trust from time to time to place out or invest the same seventh part in or upon Government or real securities at interest to be altered and varied from time to time as occasion may require at the discretion of the trustees or trustee for the time being thereof until the same shall become payable by virtue of this my will And in trust to pay the dividends interest or yearly proceeds therefrom arising as the same shall from time to time come in and be received unto my brother John Prissick Porritt and his assigns or otherwise to authorise or permit and suffer him and them to receive and enjoy the same during his life and unto the day of his death And from and after his decease the said principal money so to be invested or placed out at interest as last aforesaid shall be in trust for my nieces Mary Smith Elizabeth Shirtcliffe Margaret Thomas Jane Porritt and Ann Porritt and for all and every other the child and children of my said brother John Prissick Porritt hereafter to be born in equal shares Provided always and I declare that if any one or more of them the said Jane Porritt and Ann Porritt and the other child or children of my said brother John Prissick Porritt hereafter to be born shall die under the age of twenty one years In that case and thenceforth as well the original share as every other share of each of them so dying of and in the same seventh part shall be In trust for the others or other of them And for my said nieces Mary Smith Elizabeth Shirtcliffe and Margaret Thomas in equal shares but so as that the accruing share or shares of such others or other shall become payable And I direct that from and after the decease of my said brother John Prissick Porritt the interest of the respective shares of such of his said children now living and hereafter to be born as shall for the time being be under the age of twenty one years of and in the same seventh part shall be applied for or towards their respective maintenance education or benefit in such manner as the trustees or trustee for the time being thereof shall from time to time think proper until the same shares shall respectively become payable
And as to another seventh part of the before mentioned residue the same shall be Upon the trusts following (that is to say) In trust from time to time to invest or place out the same in or upon Government or real securities at interest to be altered and varied from time to time as occasion may require at the discretion of the trustees or trustee for the time being thereof until the same shall become payable by virtue of this my will And in trust to pay the interest dividends or yearly proceeds therefrom arising as the same shall from time to time come in and be received unto my brother George Porritt and his assigns or otherwise to authorise or permit and suffer him and them to receive and enjoy the same during his life and unto the day of his death And from and after his decease the said money so to be invested or placed out at interest as last aforesaid shall be in trust for all and every the child and children of my said brother George Porritt lawfully to be begotten in equal shares if more than one And if any one or more of the same children shall die under the age of twenty one years In that case and thenceforth as well the original share as every other share of each of them so dying of and in the same seventh part 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 or shares of such others or other of them shall respectively become payable And if there shall be no child or children of my said brother George Porritt or being such all of them shall die before any of them shall attain the age of twenty one years In that case and thenceforth the same seventh part shall be Upon the trusts following ( that is to say) As to one equal sixth part thereof Upon the same trusts and to and for the same intents and purposes and in the same shares and proportions and with and under and subject to the same powers and declarations as are hereinbefore expressed or declared of or concerning the seventh part of the before mentioned residue which is hereinbefore declared to be In trust for the said children and grandchildren of my said late sister Jane Atkinson deceased or as near thereto as may be and the deaths of persons and other circumstances will admit of And as to another equal sixth part thereof In trust for my said nephews Christopher Bulmer Thomas Bulmer Henry Bulmer Joseph Bulmer and George Bulmer and my said Nieces Mary Bulmer Rebecca Bulmer and Ann Hogg in equal shares their respective executors administrators and assigns And as to another equal sixth part thereof Upon the same trusts and to and for the same intents and purposes and in the same shares and proportions and under and subject to the same powers and declarations as are hereinbefore expressed or declared of or concerning the said seventh part of the before mentioned residue which is hereinbefore declared to be in trust for my said sister Ann Stratford and her said children and grandchildren or as near thereto as may be and the death of persons and other circumstances will admit of And as to one other sixth part thereof Upon the same trusts and to and for the same intents and purposes and in the same shares and proportions and with and under and subject to the same powers and declarations as are hereinbefore expressed or declared of or concerning the seventh part of the before mentioned residue which is hereinbefore declared to be in trust for my said brother John Prissick Porritt and his children or as near thereto as may be and the death of persons and other circumstances will admit of And as to another sixth part thereof Upon the same trusts and to and for the same intents and purposes and in the same shares and proportions and with and under and subject to the same powers and declarations as are hereinafter expressed or declared of or concerning the seventh part of the before mentioned residue which is by this my will declared to be in trust for my said brother Henry Porritt and his children or as near thereto as maybe and the death of persons and other circumstances will admit of And as to the remaining sixth part thereof Upon the same trusts and to and for the same intents and purposes and in the same shares and proportions and with and under and subject to the same powers and declarations as are hereinafter expressed or declared of or concerning the said seventh part of the before mentioned residue which is by this my will declared to be In trust for my sister Rebecca Elliott and her children or as near thereto as may be and the death of persons and other circumstances will admit of And I direct that from and after the decease of my said brother George Porritt the interest of the respective shares of such of his said children as for the time being shall be under the age of twenty one years of and in the said seventh part hereinbefore declared to be In trust for him and them shall be applied for or towards their respective maintenance education or benefit in such manner as the trustees or trustee for the time being thereof shall from time to time think proper until the same shares shall respectively become payable
And as to another seventh part of the before mentioned residue the same shall be Upon the trusts following (that is to say) In trust from time to time to invest or place out the same in or upon Government or real securities at interest to be altered and varied from time to time as occasion may require at the discretion of the trustees or trustee for the time being thereof until the same shall become payable by virtue of this my will And in trust to pay the interest dividends or yearly proceeds therefrom arising as the same shall from time to time come in and be received unto my said brother Henry Porritt and his assigns or otherwise to authorise or permit and suffer him and them to receive and enjoy the same for his own use and benefit during his life and unto the day of his death And from and after his decease the said money so to be invested or placed out at interest as last mentioned shall be In trust for my said nephews Joseph Porritt and Christopher Fairfoot Porritt and for all and every other the child and children of my said brother Henry Porritt hereafter to be born in equal shares And if any one or more of them the said Joseph Porritt and Christopher Fairfoot Porritt and the other child or children of my said brother Henry Porritt hereafter to be born shall die under the age of twenty one years In that case and thenceforth as well the original share as every other share of each of them so dying of and in the same trust money 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 or shares of such others or other of them shall respectively become payable And if both of them my said nephews Joseph Porritt and Christopher Fairfoot Porritt shall die under the age of twenty one years and there shall be no other child or children of my said brother Henry Porritt hereafter born or being such all of them shall die before any of them shall attain the age of twenty one years in that case and thenceforth the same seventh part shall be Upon the trusts following (that is to say) As to one equal sixth part thereof Upon the same trusts and to and for the same intents and purposes and in the same shares and proportions and with and under and subject to the same powers and declarations as are hereinbefore expressed or declared of or concerning the said seventh part of the before mentioned residue which is by this my will declared to be In trust for the said children and grandchildren of my said late sister Jane Atkinson or as near thereto as maybe and the death of persons and other circumstances will admit of And as to another equal sixth part thereof In trust for my said nephews Christopher Bulmer Thomas Bulmer Henry Bulmer Joseph Bulmer and George Bulmer and my said neices Mary Bulmer Rebecca Bulmer and Ann Hogg in equal shares their respective executors administrators and assigns And as to another equal sixth part thereof Upon the same trusts and to and for the same intents and purposes and in the same shares and proportions and with and under and subject to the same powers and declarations as are hereinbefore expressed or declared of or concerning the said seventh part of the before mentioned residue which is by this my will declared to be In trust for my said sister Ann Stratford and her said children and grandchildren or as near thereto as maybe and the death of persons and other circumstances will admit of And as to one other sixth part thereof Upon the same trusts and to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinbefore expressed or declared of or concerning the said seventh part of the before mentioned residue which is by this will declared to be In trust for my said brother John Prissick Porritt and his children or as near thereto as may be and the death of persons and other circumstances will admit of And as to another sixth part thereof Upon the same trusts and to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinbefore expressed or declared of or concerning the said seventh part of the before mentioned residue which is by this my will declared to be In trust for my said brother George Porritt and his children or as near thereto as may be and the death of persons and other circumstances will admit of And as to the remaining sixth part thereof Upon the same trusts and to and for the same intents and purposes and with and under and subject to the same powers and declarations as are hereinafter expressed or declared of or concerning the seventh part of the before mentioned residue which is by this my will declared to be In trust for my said sister Rebecca Elliott and her children or as near thereto as may be and the death of persons and other circumstances will admit of And I direct that from and after the decease of my said brother Henry Porritt the interest of the respective shares of such of his said children as for the time being shall be under the age of twenty one years of and in the said seventh part hereinbefore declared to be In trust for him and them shall be applied for or towards their respective maintenance education or benefit in such manner as the trustees or trustee for the time being thereof shall from time to time think proper until the same shares shall respectively become payable
And as to the remaining seventh part of the before mentioned residue the same shall be Upon the trusts following (that is to say) In trust from time to time to place out or invest the same seventh part in or upon Government or real securities at interest to be altered and varied from time to time as occasion may require at the discretion of the trustees or trustee for the time being thereof until the same shall become payable by virtue of this my will And in trust to pay the dividends interest or yearly proceeds therefrom arising as the same shall from time to time come in and be received unto my said sister Rebecca Elliott and her assigns or otherwise to authorise or permit and suffer her and them to receive and enjoy the same during her life and unto the day of her death And from and after her decease the said money so to be invested or placed out at interest as last mentioned shall be In trust for my nephews Christopher Elliott and John Elliott and my neice Jane Elliott (children of my said sister Rebecca Elliott) in equal shares Provided always and I declare that if my said Nephew John Elliott shall die under the age of twenty one years In that case and thenceforth his share of and in the same seventh part shall be In trust for my said nephew Christopher Elliott and my said neice Jane Elliott in equal shares their respective executors administrators and assigns And I direct that from and after the decease of my said sister Rebecca Elliott the interest of the share of my said nephew John Elliott of and in the same seventh part shall be applied for or towards his maintenance education or benefit in such manner as the trustees or trustee for the time being thereof shall from time to time think proper until he shall attain the age of twenty one years or die which shall first happen
And I declare and direct that the receipt or receipts of my said brother Henry Porritt and the said Ralph Musgrave or either of them or any of the trustees for the time being of the said trust estates and premises hereby directed to be sold for the purposes aforesaid under their or his hands or hand respectively shall from time to time effectually discharge the respective purchaser or purchasers of the same premises off 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 after such receipt or receipts be answerable or accountable for any loss misapplication or nonapplication of such purchase money or any part thereof Provided Always And I declare and direct that if both or either of them my said brother Henry Porritt and the said Ralph Musgrave or any future trustee or trustees to be appointed as hereinafter mentioned shall die or be desirous to be discharged of and from or shall neglect or refuse or become incapable to act in the execution of the trusts in them reposed or to be reposed by virtue of this my will at any time or times before the same trusts shall be fully executed and performed Then and in every such case and from time to time as often as the same shall happen it shall and may be lawful to and for the trustee or trustees for the time being surviving or continuing to act in the said trusts or the executors or administrators of the then last acting trustee by any writing or writings under their or his hands or hand respectively to nominate and appoint any other proper person or persons to be a trustee or trustees for the purposes aforesaid in the place or stead of the trustee or trustees so from time to time dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid And that upon every such nomination as aforesaid the said trust estates securities monies and premises respectively shall be conveyed and transferred in such manner as that the same maybe effectively vested in such new trustee or trustees so to be appointed jointly with the surviving or continuing trustee or trustees or in such new trustee or trustees only as the case may require Upon the trusts and to and for the intents and purposes and with and under and subject to the powers provisoes and declarations in and by this my will expressed declared or contained concerning the same respectively or such of them as for the time being shall be subsisting or capable of taking effect I appoint my said brother Henry Porritt and the said Ralph Musgrave executors of this my will And I give to them my said brother Henry Porritt and the said Ralph Musgrave 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 declare that my said brother Henry Porritt and the said Ralph Musgrave and the trustee or trustees to be nominated as hereinbefore mentioned respectively their respective heirs executors administrators and 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 or accountable 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 And by no means for involuntary losses And also that they respectively shall and may in the first place deduct and retain and be allowed out of the said trust estates monies and premises respectively All their costs charges damages and expenses to be occasioned by the execution or performance of the trusts in them reposed or to be reposed by virtue or in pursuance of this my will in relation to the same trust estates monies and premises respectively
Provided Always and I do hereby expressly declare and my will is that the provision hereby made or given to or for my said wife
Rebbecca Porritt is intended to be and shall be accepted and taken by her in lieu and full compensation and satisfaction of and for her dower and right and title of dower and thirds at the common law And of and for every other right and interest which she has or can shall or may have or claim or be entitled to of in to or out of my real and personal estates and every or any part thereof respectively for or upon any account or in any respect whatsoever And I hereby revoke
all my former wills in witness whereof I have to this my last will and testament contained in this and the fifteen preceding sheets of paper hereto annexed set my hand and seal (to wit) my hand to the bottom of each of the said preceding sheets my hand and seal to this last sheet and my seal at the top of the first of the said preceding sheets where all the said sheets are fixed together the day and year first within written
The writing contained in the within and the fifteen preceding sheets of paper hereto annexed was signed and sealed by
Christopher Porritt of Elwick in the parish of Hart in the County of Durham farmer 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
H R E Wright
G J Green
J H Faber
(there is then written on base of this last sheet...)
On the thirtieth day of March 1829 Henry Porritt of Togston in the parish of Warkworth in the County of Northumberland Farmer the brother of the testator and one of the executors named in the within written Will and codicil was sworn as usual (under 4000) power being reserved for granting a probate of the said Will and
Codicil to Ralph Musgrave the other Executor
(the following codicil is then attached twice, once as the original, and once as a copy
"Extracted from the Registry of the Consistory Court of Durham")
This is a Codicil to the last Will and Testament of me Christopher Porritt of Elwick in the Parish of Hart and County of Durham .... made the twenty fourth day of December in the year of our Lord one thousand eight hundred and twenty seven My brother
John Porritt of Claxton having departed this life since my last will was made. My will is if the heirs of my aforesaid brother do not pay and discharge all his just debts that he was oweing at the time of his decease in my life time, then my brother
Henry Porritt and Ralph Musgrave, my two trustees, instead of paying the legacys to my brother
John Porritts children as left in my last will, they the trustees shall apply the whole of their shares towards defraying my brother
John Porritts debts but if they pay his debts in my lifetime then they shall be paid their legacys according to my last will
And further in consideration of my neice Mary Bulmer daughter of my late sister
Mary Bulman being of weak intelects instead of the share left to Mary Bulmers family being equaly divided as specified in my last Will, they the trustees shall place out at interest on good security the sum of three hundred pounds out of the money which according to my last Will would have been divided amongst them, and to pay the interest towards the maintenance of my neice
Mary Bulmer during her life and at her decease the said three hundred pounds to be equaly divided amongst her brothers and sisters share and share alike according to my last Will, and whatsoever remains after the three hundred pounds are secured for
Mary Bulmer the remainder to be equally divided amongst the others of my late sister
Mary Bulmer children at the same time my legacys are appointed to be paid in my last Will I also give to
Hannah Bowser my late dear Wife's second Niece my best set of China and the sum of ten pounds to be paid to her at the same time my other legacys are paid
Signed and sealed by Christopher Porritt of Elwick in the parish of Hart and County of Durham and by him published and declared to be a codicil to his last Will and Testament in the presence of us who as witness thereof have hereunto subscribed our Names in his presence and at his request and in the presence of each other
John Martindale
Robt. Darling
Wm. Allison