135 ALBANY WILLIAM FEATHERSTONHAUGH 1874 Dur
This is the last will and testament of me Albany William Featherstonhaugh of Roker in the parish of Monkwearmouth in the county of Durham Glass Bottle Manufacturer I order and direct that all my just debts funeral and testamentary expenses be paid in preference to any bequest by me hereby made I appoint by brother Edward Featherstonhaugh and my friend William Joseph Young of Roseville Wolviston in the said county Gentleman Executors and Trustees of this my will I give devise bequeath and appoint unto my said trustees all my real and personal estate and effects whatsoever and wheresoever and of what nature or kind soever the same may be or consist at the time of my decease or of which I may die seized possessed or entitled unto or any person or persons in trust for me To hold the same unto my said trustees their heirs executors and administrators according to the different natures and tenures thereof Upon the trusts and for the ends intents and purposes herein declared concerning the same I give and bequeath unto my brother the Reverend Walker Featherstonhaugh the annuity of one hundred pounds to be paid half yearly clear of all deductions for duty or otherwise the first payment hereof to be made within six calender months after the date of my decease And I declare and direct that from and after the death of my said brother Walker my trustees shall stand possessed of the sum of two thousand pounds Upon trust for all and every the child and children of my said brother who shall be living at the time of his decease who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry in equal shares and proportions as tenants in common and not as joint tenants And I declare that in case any child of my said brother shall have died leaving issue such issue shall take equally amongst them the share or respective shares which the parent or parents of such issue would have taken if living at the decease of my said brother I give and bequeath unto my sister Bertha Featherstonhaugh the annuity of fifty pounds the same to be paid half yearly clear of all deductions for duty or otherwise the first payment thereof to be made within six calender months after the date of my decease I give and bequeath unto my sister Gertrude Featherstonhaugh the annuity of fifty pounds the same to be paid half yearly clear of all deductions for duty or otherwise the first payment thereof to be made at the same time as the annuity to my sister Bertha as aforesaid Provided always and I declare and direct that on the death of either of my sisters the other annuity of fifty pounds shall go to and be paid to the survivor of them during the term of her natural life And I also declare and direct that in the event of either of my sisters becoming married that then the sum of one thousand pounds shall be paid to her and thereupon the said annuity or yearly sum shall absolutely cease and determine And I declare that if both or either of my said sisters shall die unmarried that then the principal sum of two thousand pounds in case both die unmarried or the principal sum of one thousand pounds in case one only dies unmarried shall be held in trust by my said trustees to pay to my said brother Walker Featherstonhaugh during his life the interest and annual produce of the said sum and from and after his decease Upon trust for his children and issue living at his decease as tenants in common upon such and the like trusts as are hereinbefore declared in respect of the two thousand pounds on the death of the said Walker Featherstonhaugh Provided always and I do hereby declare that the provision hereby made by me for and on behalf of my sisters and any female issue under my will shall be for their sole and separate use and benefit and free from all marital control and engagements And I declare that my said trustees shall subject as aforesaid stand possessed of the rest residue and remainder of my estate and effects Upon trust for my brother the said Edward Featherstonhaugh his heirs executors administrators and assigns absolutely And I empower my trustees in their discretion subject never the less to the proviso next hereinafter contained to sell and dispose of all my estate and effects either by Public Auction or Private contract and to collect and gather in the same and to invest the proceeds to arise from any such sale and collection for the trusts and purposes of this my will in or upon any of the Government Securities or at interest upon real securities in England or Wales or in and upon the Debentures or Preference Stock of any Railway or other company incorporated by Act of Parliament or Royal Charter and paying a Dividend on its ordinary stock or shares And I declare that my trustees shall stand possessed of the annual income and proceeds to arise from such investments and shall apply the same in the manner and upon and for the trusts and purposes hereinbefore declared Provided always and I do hereby expressly declare that in case the said business now carried on by me in partnership with my brother Edward shall be continued by him after my decease and he shall elect to retain or have and use in the said business or for the use or purposes [which I hereby empower him to do ] all or any part or parts of my real leasehold or residuary personal estate and whether the same or any part thereof shall or shall not at my decease be occupied or used for the purposes of the said business or be employed or remain therein as capital of mine or otherwise then and in such case I declare that such real leasehold or residuary personal estate or part or parts thereof so retained or required to be had or used as aforesaid shall be valued as on the day of my decease by some competent person or persons to be nominated for the purpose in writing by my brother and sisters or in case they shall not make such nomination within six calender months after my decease then by some competent person or persons to be nominated for that purpose by the trustee for the time being of this my will other than by my brother and the valuer in either of the ways aforesaid shall have free access at all times for the purposes of such valuation to all account and other books papers and documents in or relating to the said business or the concerns thereof and to all the premises in which the said business or any part thereof shall be carried on or which may be carried on or used for the purposes thereof And my said brother Edward shall be considered as the purchaser of the real leasehold and residuary personal estates or part or parts thereof so valued and retained or had and used by him as aforesaid at the amount of such valuation but which amount with such interest thereon as hereinafter mentioned I hereby charge upon all the property and effects included in such valuation and my said brother may retain the amount of such valuation or any part or parts of such amount in the said business for any period or periods which he may think proper not exceeding the period of eight years from the day of my decease he paying interest at the rate of five pounds per centum per annum on the amount so retained by equal half yearly payments the first of such payments of interest to be made at the expiration of six calender months next after my decease And I direct that the payment of such amount of the said valuation at the expiration of eight years after my decease or on the discontinuance or cessor of the said business by or in consequence of the death of my brother or otherwise [which shall first happen]with such interest thereon in the meantime as aforesaid shall be secured by the Bond of my said brother Edward in a sufficient penalty and to be made and given at the expense of my said brother to the trustee for the time being of this my will [other than my said brother] within one calender month after the said valuation shall have been made But nevertheless my said brother shall have the option of paying off the principal monies to be thereby secured or any part or parts thereof at any time or from time to time before the expiration of the said period of eight years on giving six calender months previous notice in writing to the trustee for the time being of such payment And I further declare that in the event of default being made in payment of the interest of the amount of such valuation as aforesaid or any part of such interest for one calender after any of such half yearly days of payment of interest aforesaid Then and in any such case and not withstanding the waiver of any previous default it shall be lawful for my trustees or trustee for the time being at their or his discretion and it shall be imperative on them or him if requested so to do by writing under the hands of all or the majority of the parties beneficially interested for the time being in the said amount to call in and compel payment of such amount or any part thereof at any time or times on giving at least six calender months notice in writing under the hands or hand of such trustees or trustee other than the said Edward Featherstonhaugh to my said brother Edward by delivering the same to him personally or leaving the same at his then most usual or last known place of abode or business in England And I do hereby declare that my said trustees or trustee shall stand possessed of the amount of the said valuation to be secured by such bond as aforesaid and the interest thereof Upon the same trusts and with and subject to the same powers and provisions as the clear monies to arise from my real leasehold and residuary personal estate and the income thereof would be held upon with and subject to for the time being under the trusts hereinbefore declared and contained or as near thereto as circumstances will permit And I declare that my trustees or trustee shall apply the whole or such part as they shall think fit of the income of the share to which any child or grandchild being an infant shall or may for the time being be entitled in expectancy under this my will for or towards his or her maintenance and education with liberty to pay the same to the guardian or any of the guardians of such infant for the purpose aforesaid without being liable to see to the application thereof And I empower my trustees or trustee with the consent of my said brother Walker to raise any part or parts not exceeding together one moiety of the expectant shall if any child or grandchild under this my will and to apply the same for his or her advancement preferment or benefit as my trustees or trustee shall think fit And I hereby declare that if the trustees hereby appointed or either of them shall die in my lifetime or if either of them or any future trustee or trustees of this my will shall die or desire to retire from or refuse or become incapable to act in the trusts of this my will before the same shall be fully performed then and in every such case it shall be lawful for the then continuing trustees or trustee for the time being of this my will or if there shall be no continuing trustee then for the retiring or refusing trustees or trustee or the acting executors or administrators of the last acting trustee to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or desiring to retire or refusing or becoming incapable to act as aforesaid with liberty upon any such appointment to increase or diminish the original number of trustees And upon every such appointment the trust premises shall be so conveyed and transferred that the same may become vested in the new trustee or trustees either or jointly with the continuing trustee or trustees or solely as the case may require And every such new trustee [as well before as after the trust premises shall have become vested in him] shall have all the powers and authorities of the trustee in whose place he shall be substituted I devise all estates vested in me as trustee or mortgagee to my said trustees their heirs executors and administrators subject to the trusts and equities affecting the same respectively I revoke all other wills and declare this only to be my last will and testament In witness whereof I have to this my last will and testament contained in this and the four preceding sheets of paper set my hand this twenty ninth day of February One thousand eight hundred and sixty eight
Signed Published and declared by the said testator Albany William Featherstonhaugh as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
AW Featherstonhaugh
Thomas Steel solicitor Sunderland
TW Naylor clerk to Thomas Steel
Proved at Durham on the 27th May 1874by the oaths of Edward Featherstonhaugh the brother and William Joseph Young esquire the executors to whom administration was granted
The testator Albany William Featherstonhaugh was late of Roker in the parish of Monkwearmouth in the county of Durham Glass Bottle Manufacturer and died on the 13th day of April 1874 at Roker aforesaid
Effects under £18,000 Extracted by Thos Steel Solicitor Sunderland
This is a true copy Joshua Earles District Registrar