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Durham Probate Records: 1828/P15
This is the last Will and testament of me Elizabeth Prissick of Hartlepool in the County of Durham Widow made the twenty fifth day of March in the Year of our Lord one thousand eight hundred and twenty four I give to the several persons hereinafter expressed (that is to say) To Robert Thursby of Hartlepool aforesaid Innkeeper, Ann Fretwell of the same place Widow, Robert Hunter of the same place Fisherman (son of Thomas Hunter), Thomas Wilson of the same place Labourer, William Atkinson of Norton in the said County Yeoman, and Margaret Lee (Niece of my late Husband Henry Prissick deceased) the sum of Fifteen Pounds a piece
To Elizabeth Newton my Servant In case she shall be in my service at the time of my decease the like sum of Fifteen Pounds over and above her wages
And to Mary Wells Wife of John Wells of Hartlepool aforesaid Yeoman the sum of Fifty Pounds
To John Hutchinson of Stockton in the said County Banker Leonard Raisbeck of the same place Gentleman and the said John Wells the sum of Fiftty Pounds a piece as an acknowledgement for the trouble they will have in the execution of the trusts of this my Will And to the said John Wells the further sum of two hundred Pounds
And I direct that all the said Legacies hereinbefore given shall be paid at the end of Twelve Calendar months next after my decease without Interest
I give and devise my messuage or dwellinghouse situate in Hartlepool aforesaid which late belonged to my said late Husband and in which I lately resided With the appurtenances unto and to the use of the said John Wells his Heirs and assigns for ever
And I give and devise all my freehold messuages lands tenements and hereditaments situate living and being in the several towns townships precincts or territories of Hartlepool aforesaid and Great Stainton in the said County or elsewhere and all other my real Estate not hereinbefore devised unto and to the use of the said John Hutchinson Leonard Raisbeck and John Wells their Heirs and assigns for ever Upon the Trusts hereinafter declared concerning the same (that is to say) In Trust by mortgage thereof or of any part thereof to raise and levy such sum or sums of money as they the said John HUtchinson Leonard Raisbeck and John Wells or the survivors or survivor of them or the heirs or assigns of such survivor shall think proper or expedient for the payment of my debts and funeral and testamentary expences and the several legacies hereinbefore given and to apply the money so to be raised for the answering of those purposes accordingly It being my Intention that no part of my personal Estate shall be applied for that purpose And subject to the trusts aforesaid The said John Hutchinson Leonard Raisbeck and John Wells their Heirs and assigns shall stand and be seised of the same premises In Trust to support the contingent trusts and estates hereinafter limitted and by the usual ways and means to preserve the same from being defeated or destroyed And upon the trusts following (that is to say)
In Trust for Marianne Prissick the daughter or reputed daughter of my late son Christopher Prissick deceased and who now lives with me and is of the age of eight years or thereabouts and her assigns for and during the term of her natural Life without impeachment of waste And from and after the decease of the said Marianne Prissick In Trust for all and every her child and children lawfully to be begotten in equal shares and proportion as Tenants in Common if more than one and the Heirs of the body and respective bodies of all and every such child and children lawfully issuing And on the death and failure of Issue of any one or more of the same children Then as well the original share or shares of him her or them so dying and of whom there shall be a failure of issues as aforesaid as also all and every such share or shares as shall accrue to him her or them so dying in his her or their Issue on the death and failure of Issue of any others or other of the said children shall go over and remain to and be in Trust for the survivors or survivor and others or other of them and the Heirs of the body and respective bodies of such survivors or survivor and others or other of them To take as Tenants in Common And in default of such Issue In Trust for the said John Wells his Heirs & assigns for ever And I direct that during the Infancy or minority of the said Marianne Prissick and of her children and issue who for the time being shall be entitled in possession to the said premises hereinbefore devised to my said Trustees under or by virtue of this my Will so much of the Rents and annual profits of the same premises as the Trustees or trustee for the time being thereof shall from time to time in their or his discretion think fit shall be applied in for or towards her or their respective maintenance education or benefit in such manner as the same Trustees or Trustee shall from time to time think proper and that the residue or surplus (if any) of the same Rents and annual profits shall from time to time be applied in satisfying & discharging or reducing the debts sums of money and incumbrances for the time being charged upon or affecting the same premises Provided always and I hereby declare that it shall and may be lawful to and for the said John Hutchinson Leonard Raisbeck and John Wells and the survivors and survivor of them and the heirs and assigns of such survivor during the infancy or minority of the said Marianne Prissick and of her children and issue who for the time being shall be entitled in possession to the said premises herein before devised to my said Trustees under or by virtue of this my Will to make any lease or leases of the same premises or any part thereof at Rack rent for any term not exceeding six years in possession and upon the usual conditions
And I give devise and bequeath all my messuages lands and tenements situate lying and being in the town township precincts or territories of Hartlepool aforesaid or elsewhere and held by or under any lease or leases for years With their appurtenances unto the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns for and during all such Estates terms and interests as I shall have therein respectively at the time of my decease Upon the same trusts and to and for the same intents and purposes and under and subject to the same limitations powers and declarations as are hereinbefore expressed declared or directed of or concerning the said freehold premises hereinbefore devised to my said Trustees or as near thereto as the nature of the said leasehold premises and the rules of Law or Equity will admit of But nevertheless so as that the same leasehold premises shall be considered an additional or auxiliary Security only for the payment of my said debts and funeral and testamentary expences and legacies
And I direct that the said John Wells shall in addition to the several Legacies hereinbefore bequeathed to him be allowed during his life the yearly sum of ten pounds and the privilege of keeping a cow by and out of the said freehold and leasehold premises hereinbefore devised to my said Trustees as a compensation for his superintending and managing my said trust estates under the direction of my said Trustees And it is my express wish and desire that the said Marianne Prissick shall be brought up and educated under the immediate care of the said John Wells
And I give all my wearing linen and apparel household furniture plate linen and china to the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns Exempt from the payment of my funeral Expences and debts In Trust for the said Marianne Prissick But if she shall die under the age of Twenty-one years Then In Trust to sell dispose of and convert the same into money And I declare that the money therefrom arising shall be Upon the same trusts and to and for the same intents and purposes as are hereinafter expressed or declared concerning the money to arise and be produced from the residue of my Personal Estate hereinafter bequeathed
And I give and bequeath all my ready money and money upon securities and all other my personal estate and effect whatsoever (not hereinbefore specifically disposed of ) unto the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns exempt from the payment of my funeral and testamentary expences and debts and the legacies hereinbefore given Upon the trusts following (that is to say)
In Trust to sell and dispose of get in and convert the same into money And In Trust from time to time to place out or invest the same trust money in or upon some or one of the Government or parliamentary stocks or funds of Great Britain 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 And I direct that the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns shall stand and be possessed and interested of and in the money so to be placed out or invested as last mentioned Upon Trust that they the said John Hutchinson Leonard Raisbeck and John Wells and the survivors and survivor of them and the executors administrators and assigns of such survivor shall and do yearly and every year for ever pay apply and dispose of the dividends interest and yearly proceeds therefrom arising as the same shall come in and be received for defraying the expence of teaching and instructing such a number of poor children belonging to or for the time being residing in the town of Hartlepool aforesaid in reading writing and arithmetic and in the catechism and doctrines of the Church of England And in buying books quills paper and ink for the use of such children as the same trustees for the time being or the major part of them shall from time to time appoint or think proper and as the same dividends interest and yearly proceeds will extend or be sufficient to procure such instruction and books quills paper and ink for such children to be from time to time nominated by the trustees for the time being of the said trust money or the major part of them and to be instructed by such person or persons and to continue under such instruction so long as such trustees for the time being or the major part of them shall from time to time appoint and think proper
And I declare and direct that it shall and may be lawful to and for the trustees or trustee for the time being of the said trust money hereinbefore directed to be invested or placed out from time to time to make and prescribe such orders and regulations for the observance and government of the children to be instructed as aforesaid and of the person or persons to be employed to teach them as they the same trustees or trustee may deem requisite or proper and to revoke alter and vary the same but nevertheless such orders and regulations shall not be repugnant to or inconsistent with the directions hereinbefore expressed and contained Provided always
And I hereby declare and direct that in case all or any of them the said John Hutchinson Leonard Raisbeck and John Wells or any succeeding trustee or trustees to be nominated as hereinafter mentioned shall die or shall desire to be discharged off and from or shall refuse decline 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 trustees or trustee 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 room 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 shall respectively be conveyed assigned and transferred in such manner as that the same may be effectually vested in such new trustee or trustees so to be appointed jointly with the surviving or continuing trustees or trustee or in such new trustees or trustee 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 of or concerning the same trust estates monies and premises respectively or such of them as for the time being shall be subsisting or capable of taking effect It being my intention that the number of trustees for the purposes aforesaid shall never exceed nor be less than three
And I declare and direct that the receipt or receipts of the said John Hutchinson Leonard Raisbeck and John Wells or any of them or any of the trustees for the time being of the said premises hereinbefore devised and directed to be mortgaged for the purposes aforesaid under their or his hands or hand respectively shall from time to time effectually discharge the respective mortgagee or mortgagees of all or any part of the same premises which by virtue or in pursuance of the trusts or directions of this my Will shall be mortgaged off and from so much of the mortgage money as shall in such receipt or receipts be acknowledged or expressed to be received And that such mortgagee or mortgagees shall not after such receipt or receipts be answerable or accountable for any loss misapplication or nonapplication of such mortgage money or any part thereof And I appoint the said John Hutchinson Leonard Raisbeck and John Wells Executors of this my Will
And I declare that my said Executors and Trustees hereby appointed and the trustees or trustee to be from time to time appointed as hereinbefore mentioned respectively their respective heirs executors administrators and assigns shall not be answerable or accountable to 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 and defaults only nor for any more money Rents or profits than they respectively shall actually receive by virtue of this my Will and by no means for involuntary losses and that they respectively shall and may in the first place by and out of the said trust estates monies and premises respectively be allowed and may retain to and reimburse themselves respectively 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 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
And I hereby revoke all my former Wills In Witness whereof I have to this and the nine 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
Elizabeth Prissick
The writing contained in this and the nine preceding sheets of paper hereto annexed was signed and sealed by Elizabeth Prissick of Hartlepool in the County of Durham Widow and by her published and declared as and for her last will and testament in the presence of us who as witnesses thereof have hereto subscribed our names in her presence at her request and in the presence of each other
G........ of Stockton Gentleman
Thos Sanderson Hartlepool Officer of the Custom
Richd Hunter junr Hartlepool Officer of Customs
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This is a codicil to the above written will of me that above named Elizabeth Prissick whereas I have by my said will given the Legacy or Sum of fifteen pounds to Margaret Lee (niece of my late husband Henry Prissick deceased) now I do hereby revoke the said Legacy to the said Margaret Lee but confirm my last Will in all other aspects Witness my hand this fourth day of October 1824 Elizabeth Prissick
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This is a second Codicil to the last Will and Testament of me Elizabeth Prissick of Hartlepool in the County of Durham Widow which Will bears date the twenty fifth day of March now last past Whereas I have in and by my said Will devised all my messuages Lands and Tenements in the Town Township precincts or territories of Hartlepool aforesaid or elsewhere and held by or under any Lease or Leases for years with their Appurtenances unto John Hutchinson Leonard Raisbeck and John Wells in my said Will named their executors administrators and assigns Upon the Trusts therein mentioned
Now I do hereby revoke the said Devise as to and so far as the same concerns My two Closes or parcels of ground commonly called or known by the several names of the Cross Close and the Long Close situate lying and being in the Town Township precincts or Territories of Hartlepool aforesaid with the buildings and Appurtenances to the same belonging
And I do hereby give devise and bequeath the same two Closes with the buildings and Appurtenances to the same belonging unto the said John Wells his executors administrators and assigns for and during all such Estate term and Interest as I shall have therein at the time of my decease Freed and discharged of and from the Trusts in and by my said Will declared of the said Leasehold premises thereby devised as before mentioned
And Whereas I have also in and by my said Will after giving any wearing Linen and Apparel Household furniture plate and china as therein mentioned given and bequeathed all my ready money and money upon Securities and all other my personal Estate and Effects whatsoever not thereinbefore specifically disposed of unto the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns Exempt from the payment of my Funeral and Testamentary expences and my Debts and Legacies and Upon the Trusts therein declared concerning the same
Now I do hereby revoke the same bequest and Trusts And I do give and bequeath my said ready money and money upon Securities and other my personal Estate and Effects last mentioned unto the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns
In Trust to sell and dispose of get in and convert into money the same And by and out of the money therefrom arising to pay to Hannah Pounder my Servant in case she shall be in my service at the time of my decease the sum of Fifteen pounds over and above her Wages and to apply the residue of the same Trust money either in payment of such part of my debts and funeral and testamentary expences and of the Legacies in and by my said Will given as for the time being shall remain unsatisfied and undischarged by the ways and means in my said Will mentioned or in or towards the paying off or reducing the money which shall have been borrowed or taken up at interest on mortgage of the Freehold Hereditaments devised by my said Will in pursuance of the Trusts therein for that purpose expressed
And in all respects I hereby ratify and confirm my said Will so far as the same is not revoked or varied by this Codicil and by the former Codicil made by me thereto In Witness whereof I have to this Codicil set my hand and seal the fourth day of December in the year of our Lord One thousand eight hundred and twenty four Elizabeth Prissick
signed sealed etc....
Robt Nesham of Stockton Gent
Thos Sanderson, Officer of the Customs Har........
James Worthy, Glazier Har..........
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This is a third Codicil to the last Will and Testament of me Elizabeth Prissick of Hartlepool in the County of Durham Widow which will bears date the twenty fifth day of March in the year of our Lord one thousand eight hundred and twenty four
Whereas I have in and by the said Will after devising my freehold messuages or dwelling house in Hartlepool aforesaid which late belonged to my late husband unto and to the use of John Wells therein named his heirs and assigns for ever given and devised all my freehold messuages lands tenements and hereditaments situate lying and being in the several towns townships precincts or territories of Hartlepool aforesaid and Graet Stainton in the said County or elsewhere and all other my real Estate not thereinbefore devised unto and to the use of John Hutchinson and Leonard Raisbeck in my said Will respectively described and the said John Wells their heirs and assigns for ever Upon the trusts therein declared concerning the same And I have in and by my said Will given devised and bequeathed all my messuages lands and tenements situate lying and being in the town township precincts or territories of Hartlepool aforesaid or elsewhere and held by or under any Lease or Leases for years with their appurtenances unto the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns for and during all such Estates terms and Interests as I should have therein respectively at the time of my decease Upon the trusts in my said Will declared or referred to concerning the same leasehold premises And I have also in and by my said will given all my wearing linen and apparel household furniture plate linen and china to the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns Upon the trusts therein declared concerning the same And I have also in and by my said Will given and bequeathed all my ready money and money upon securities and all other my personal Estate and Effects whatsoever (not thereinbefore specifically disposed of ) unto the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns Upon the trusts in my said Will declared concerning the same And I have appointed the said John Hutchinson Leonard Raisbeck and John Wells executors of my said will
And whereas I made a Codicil to my said will and and which codicil bears date the fourth day of October in the said year one thousand eight hundred and twenty four But I did not by such codicil revoke or vary the before mentioned devises and bequests in my said will contained to the said John Hutchinson Leonard Raisbeck and John Wells
And whereas by another codicil to my said will bearing date the fourth day of December in the said year one thousand eight hundred and twenty four I have revoked the devise in and by my said will made to the said John Hutchinson Leonard Raisbeck and John Wells their executors administrators and assigns of the said leasehold premises as to and so far as the same concerns two closes or parcels of ground called Cross Close and Long Close in the township of Hartlepool aforesaid and have devised the same two closes with the buildings and appurtenances to the same belonging to the said John Wells his executors administrators and assigns discharged from the Trusts in my said Will directed concerning the same And I have also in and by my said last mentioned codicil after taking notice of the before mentioned bequest of my wearing linen and apparel household furniture plate linen and china in my said will contained and of the bequest therein also contained of the residue of my personal Estate I have revoked such bequest of such residue of my personal Estate and trusts declared thereof and have bequeathed the same residue unto the said John Hutchinson Leonard Raisbeck and John Wells their Executors administrators and assigns Upon certain Trusts in the said last mentioned Codicil expressed and declared concerning the same
Now it being my intention that the said Leonard Raisbeck and John Wells shall alone be Trustees and Executors of my said Will and Codicils - I do hereby revoke all the several Devises and bequests in and by my said will and codicils or any of them made to the said John Hutchinson Leonard Raisbeck and John Wells jointly and as Trustees as aforesaid of my said freehold messuages lands tenements and hereditaments and real Estate and of my said leasehold messuages lands and tenements (except the said Closes called Cross Close and Long Close and the buildings and appurtenances to the same belonging) And of my personal Estate as therein respectively and hereinbefore mentioned And by virtue of every right power or authority enabling me in this behalf I do hereby give devise and bequeath all my same freehold messuages lands tenements and hereditaments and real Estate And also all my same leasehold messuages lands and tenements (except as aforesaid) And also all my personal Estate and effects unto and To the use of the said Leonard Raisbeck and John Wells their Heirs executors administrators and assigns respectively according to the several natures and tenures of the same Estates and premises respectively Nevertheless 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 in and by my said will so far as the same has not been revoked by my said two former codicils and are in and by my said two former codicils or either of them respectively expressed declared or referred to of or concerning the same Estates respectively or as near thereto as may be and the death of persons and other circumstances will admit of
And I do hereby also revoke the bequest of the legacy or sum of fifty pounds to the said John Hutchinson in my said will contained and the appointment of him to be an executor of my said will and do hereby appoint the said Leonard Raisbeck and John Wells alone to be the executors thereof
And I declare my will to be that the said Leonard Raisbeck and John Wells their heirs executors administrators and assigns respectively shall and may have and exercise all the same discretionary and other powers and authorities as are in and by my said will and codicils respectively or any of them given to or vested in the said John Hutchinson Leonard Raisbeck and John Wells their heirs executors administrators and assigns respectively
And in all respects I ratify and confirm my said will so far as the same is not revoked or varied by this and my said two former codicils by me made thereto And I also ratify and confirm the same two codicils - In witness whereof I have to this codicil contained in this and the three 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 Eleventh day of April in the year of our Lord one thousand eight hundred and twenty six
Elizabeth Prissick
signed sealed etc.....
....... ......stockton
John Chapman
William Sotheran
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This is a fourth codicil to the will of me the above named Elizabeth Prissick which will bears date the twenty fifth day of March one thousand Eight Hundred and twenty Four Whereas I have by my said will given the Legacy or sum of Fifteen Pounds to William Atkinson of Norton in the County of Durham Yeoman Now I do hereby revoke the said Legacy to the said William Atkinson but confirm my said will in all other respects so far as the same is not altered or revoked by this and the three preceding codicils Witness my hand this Eleventh day of April 1826
Elizabeth Prissick
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In the Consistory Court of Durham the sixteenth day of October in the year of our Lord one thousand eight hundred and twenty eight
Appeared personally John Chapman of Hartlepool in the County of Durham Yeoman and Thomas Sanderson of Hartlepool in the same County Officers of Customs and made oath that they knew and were well acquainted with Elizabeth Prissick late of Hartlepool in the County and Diocese of Durham Widow deceased for some time next before her Death which happened in or about the twenty ninth day of December in the year of our Lord one thousand eight hundred and twenty six And that they have often seen her write and subscribe her name and thereby became well acquainted with her manner and Character of Handwriting And the paper writing hereunto annexed marked with the Letter A purporting to be a codicil to the last will and testament of the said deceased and written at the end thereof beginning thus "This is a Codicil to the abovewritten Will of the abovenamed Elizabeth Prissick" ending thus "Witness my hand this fourth day of October 1824" and thus subscribed "Elizabeth Prissick" And also the paper writing hereunto annexed marked with the Letter B purporting to be another Codicil to the said last Will and Testament of the said deceased beginning thus "This is a fourth Codicil to the will of me the above named Elizabeth Prissick" ending thus "Witness my hand this eleventh day of April 1826" and thus subscribed "Elizabeth Prissick" being now respectively produced and shown to these Deponents and by them carefully and attentively perused and examined They further made oath that they do verily and in their Consciences believe the said Name and Subscription to each of the abovementioned paper writings or Codicils respectively marked A and B aforesaid to have been wholly and entirely written by and with the proper hand of the said Testatrix Elizabeth Prissick late of Harlepool aforesaid widow since deceased
The day and year abovewritten the said John Chapman and Thomas Sanderson the deponents within mentioned were duly sworn to the truth of this affidavit
John Chapman
Thos Sanderson
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transcript Dave King, published 22.5.2009