Will – Thomas Blackett – 29 May 1792

This is the last Will and Testament of me Sir Thomas Blackett (formerly called Sir Thomas Wentworth) of Bretton hall in the Parish of Silkston in the County of York Baronet I do give and devise all that my Manor or Lordship of Gunnerton in the County of Northumberland And also all and every of my Messuages Farms Lands Tenements Tythes and Hereditaments with their and every of their appurtenances situate lying being or arising within the Towns Townships Precincts or Territories of Ryal Ingo Kearsley Fenwick Weldon otherwise Welton Hallington and Hallington Mains in the County of Durham unto John Erasmus Blackett of Newcastle in the said County of Northumberland Esquire and Thomas Cotton of Haigh in the Parish of Darton in the said County of York Esquire and the Survivor of them and his heirs Upon trust nevertheless To the use and behoof of my Nephew William Bosville Esquire and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste and from and immediately after the determination of that Estate To the use of the said John Erasmus Blackett and Thomas Cotton and the Survivor of them and his heirs for and during the life of the said William Bosville Upon trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries or bring actions as the case may require But nevertheless to permit and suffer the said William Bosville and his assigns to receive and take the rents Issues and profits of the said Hereditaments and premises to and for his and their own use and benefit and from and immediately after the decease of the said William Bosville  Then to the use and behoof of such one of the Sons of the said William Bosville lawfully to be begotten as he the said William Bosville shall by any deed or deeds Writing or Writings to be by him sealed and delivered in the presence of and attested by two or more credible Witnesses or by his last Will and Testament in Writing to be by him duly executed in the presence of and attested by three or more credible Witnesses direct limit or appoint and of the Heirs male of the Body of such Son and for default of such direction limitation or appointment or of such Issue of such son or in case any such shall be who shall depart this life without leaving such Issue of his Body lawfully to be begotten Then to the use and Behoof of the first Son of the Body of the said William Bosville lawfully to be begotten and of the heirs male of the Body of such first Son lawfully Issuing and for default of such Issue then to the use and behoof of the second third fourth and all and every other son and sons of the said William Bosville lawfully to be begotten severally successively and in remainder as they and every of them shall be in Seniority of age and priority of birth and of the several and respective heirs male of the Body and Bodies of all and every such Son and Sons lawfully Issuing the elder of such Son and Sons and the heirs male of his Body issuing being always to be preferred and to take before the younger of such Son and Sons and the heirs male of his or their Body or Bodies Issuing and for default of such Issue Then to the use and behoof of Thomas Richard Beaumont of Darton aforesaid Esquire and Diana his Wife one of my natural Daughters for and during their joint natural lives and the life of the survivor of them without impeachment of or for any manner of waste and from after the determination of that Estate Then to the use of the said John Erasmus Blackett and Thomas Cotton and the Survivor of them and his heirs for and during the lives of the said Thomas Richard Beaumont and Diana his Wife and the life of the longer liver of them Upon trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated and destroyed and for that purpose to make entries or bring actions as occasion shall require But nevertheless to permit and suffer the said Thomas Richard Beaumont and Diana his Wife and the Survivor of them to receive and take the rents Issues and profits of the said Hereditaments and premises for their his or her own use and benefit and from and after the decease of the longer liver of them the said Thomas Richard Beaumont and Diana his Wife Then to the use and behoof of such one Son of the Body of my said Daughter Diana as the Survivor of them the said Thomas Richard Beaumont and Diana his Wife shall by any Deed or Deeds to be by the Survivor of them sealed and delivered in the presence of and attested by two or more credible Witnesses or by the last Will and Testament in Writing of the Survivor of them to be duly executed in the presence of and attested by three or more credible Witnesses direct limit or appoint and of the heirs male of the Body of such Son lawfully issuing and for default of such direction limitation or appointment or from and immediately after the decease of such Son without Issue Male of his Body or in Case any such shall be who lives to attain the age of twenty one years and shall afterwards depart this life without leaving any Son or Sons of his Body lawfully issuing or such Son or Sons shall also to live to attain the said age of twenty one years and shall also afterwards depart this life without leaving any Issue male of his Body lawfully Issuing Then to the use and behoof of the first second third and every other Son and Sons of the Body of my said Daughter Diana by her present or any future husband severally successively and in remainder one after another and as they or any of them shall be in Seniority of Age and priority of birth and of the several and respective heirs male of the Body and Bodies of all and every such son and Sons lawfully issuing the elder of Such Son and Sons and the Heirs Male of his Body lawfully issuing being always to be preferred and to take before the younger of such son and sons and the heirs male of his or their Body or Bodies issuing  and for default of such Issue or in case any such shall be who shall live to attain the age of twenty one years and shall afterwards depart this life without leaving any son or sons of his Body lawfully issuing or such son or sons shall also live to attain the said age of twenty one years and shall also afterwards depart this life without leaving any Issue male of his Body lawfully issuing Then to the use and behoof of William Lee of Leeds in the said County of York Merchant and Sophia his Wife (another of my natural Daughters) for and during their joint natural lives and the life of the survivor of them without Impeachment of or for any manner of waste and from and after the determination of that Estate Then to the use of the said John Erasmus Blackett and Thomas Cotton and the Survivor of them and his heirs for and during the lives of the said William Lee and Sophia his Wife and the life of the longer liver of them Upon trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated and destroyed and for that purpose to make entries or bring actions as occasion shall require But nevertheless to permit and suffer the said William Lee and Sophia his Wife and the Survivor of them to receive and take the rents Issues and profits of the said Hereditaments and Premises for their his or her own use and benefit and from and after the decease of the longer liver of them the said William Lee and Sophia his Wife Then to the use and behoof of all and every or any the Son and Sons of the Body of my said Daughter Sophia by her present or any future husband with the like power of appointm and for all such and the like Estates and Interests and with the like remainders and limitations as aforesaid in relation to the said Thomas Richard Beaumont and Diana his Wife and for default of such Issue of the Body of my said Daughter Sophia Or in case any such shall be who shall live to attain the age of twenty one years and shall afterwards depart this life without leaving any son or sons of his Body lawfully issuing or such son or sons shall also live to attain the said age of twenty one years and shall also afterwards depart this life without leaving any Issue male of his Body Then to the use and behoof of Louisa Wentworth (the other of my natural Daughters) or such person as she shall first intermarry with if any if before she attains the age of twenty one years by and with the consent and approbation of the said John Erasmus Blackett and Thomas Cotton or the Survivor of them and his heirs and which person shall also previously make a competent Settlement upon her my said Daughter Louisa by Deed or Deeds in Writing to the like approbation of the said John Erasmus Blackett and Thomas Cotton for and during their joint natural lives or the life of the Survivor of them without Impeachment of or for any manner of waste and from and after the determination of that Estate Then to the use of the said John Erasmus Blackett and Thomas Cotton and the Survivor of them and his heirs for and during the life of my said Daughter Louisa or such person as she shall so first marry (if any) and the life of the longer liver of them Upon trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries or bring actions as occasion may require But nevertheless to permit and suffer her my said Daughter or such person as she shall so marry (if any) and the Survivor of them to receive and take the rents Issues and profits of the said Hereditaments and premises for her their or his own use and benefit and from and after the decease of the longer liver of them my said Daughter Louisa and of such person as she shall so first marry (if any) Then to the use and behoof of all and every or any the son and sons of the Body of my said Daughter Louisa by such first or any after taken husband with the like power of appointment and for all such and the like Estates and Interests and with the like remainders and limitations as aforesaid in relation as aforesaid and for default of such Issue of the Body of my said Daughter Louisa or in case any such shall be who shall live to attain the age of twenty one years and shall afterwards depart this life without leaving any son or sons of his Body lawfully issuing or such son or sons shall also live to attain the said age of twenty one years and shall also afterwards depart this life without any Issue male of his Body lawfully issuing Then to the use and behoof of Sir John Sinclair of Caithness in the Kingdom of Scotland Baronet for and during the term of his natural life without Impeachment of or for any manner of waste and from and immediately after the determination of that Estate To the use of the said John Erasmus Blackett and Thomas Cotton and the Survivor of them and his heirs for and during the life of the said Sir John Sinclair Upon trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries or bring actions as occasion may require But nevertheless to permit and suffer the said Sir John Sinclair and his assigns to receive and take the rents Issues and Profits of the said Hereditaments and premises to and for his and their own use and benefit and from and immediately after the decease of the said Sir John Sinclair Then to the use and behoof of such one of the Sons of the said Sir John Sinclair on the Body of his now Wife (my Great Niece the Daughter of the Right Honorable Lord Macdonald begotten or to be begotten for such estate and estates therein as he the said Sir John Sinclair shall by any Deed or Deeds Writing or Writings to be by him sealed and delivered in the presence of and attested by two or more credible Witnesses or by his Last Will and Testament in Writing to be by him duly executed in the presence of and attested by three or more credible Witnesses direct limit or appoint and for default of such direction limitation or appointment Then I do give and devise all and every the said hereditaments and premises unto the eldest Son of the said Sir John Sinclair by his now Wife his heirs and assigns for ever And as to for and concerning all and every other my Manors Royalties Messuages Cottages Mills Lands Tenements Tythes Mines and Hereditaments whatsoever and wheresoever being and all my adowsons, and rights of presentation whatsoever and all my Estate and Interest in and to all and every such Manors Royalties Messuages Cottages Mills Lands Tenements Tythes Mines and Hereditaments or wherein or whereunto I myself am or any person or persons whomsoever for trust for me are can shall or may be entitled or interested either in possession reversion remainder or expectancy or in any wise howsoever Together with all and every the rights members and appurtenances whatsoever to the said Manors Royalties Messuages Cottages Mills Lands Tenements Advowsons Tythes Mines Hereditaments and premises belonging or to belong howsoever I do give and devise the same and every part thereof unto the said John Erasmus Blackett and Thomas Cotton and the Survivor of them and his heirs To and for such uses and trusts and subject to such charges and powers and for the benefit of such person and persons as hereinafter mentioned that is to say to and for the use and behoof of the said Thomas Richard Beaumont and Diana his Wife and of the Son and Sons of my said Daughter Diana and the heirs male of the body of such son and sons and of the said William Lee and Sophia his Wife and of the Son and Sons of my said Daughter Sophia and the heirs male of the Body of such son and sons and of my said Daughter Louisa (and such person as she may so marry if any as aforesaid) and of the Son and Sons of my said Daughter Louisa and the heirs male of the Body of such Son and Sons and of the said Sir John Sinclair and of the son or sons of the said Sir John Sinclair by his said now Wife severally respectively and successively in the like order and course of succession Upon such trusts and in like manner and with the like powers and for such and the like Estates and Interests and with the like remainders and limitations as is and are hereinbefore particularly mentioned expressed limited directed and declared of and concerning and in relation to the hereditaments and Premises hereinbefore by this my last Will and Testament devised and I do subject charge and make liable all and every of my manors Royalties Messuages Cottages Mills Lands Tenements Tythes Mines and Hereditaments whatsoever situate lying and being within the said Counties of Northumberland and Durham (Except such as I have hereinbefore devised for the benefit of my Nephew the said William Bosville) with the payment of the two several rent Charges hereinafter mentioned and devised And I do therefore hereby give and devise unto John Cockshutt of Huthwaite in the said County of York Esquire and his heirs one annuity or clear yearly rent Charge of Three thousand pounds Upon trust nevertheless To and for the only proper use and behoof of the said William Lee and Sophia his Wife for and during the term of the joint natural lives of the said William Lee and Sophia his Wife and the life of the Survivor of them and from and after the determination  of that Estate To the use of the said John Cockshutt and his heirs for and during the natural lives of the said William Lee and Sophia his Wife and the life of the survivor of them upon trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to seize enter or bring actions for the same as occasion may require But nevertheless to permit and suffer the said William Lee and Sophia his Wife and the survivor of them to have receive and take the said yearly rent charge to and for their his or her own use or Benefit and from and immediately after the decease of the Survivor of them Then to the use and behoof of all or any one or more of the Son and Sons of the Body of my said Daughter Sophia and of the Son or Sons of such Son or Sons in such shares and proportions manner and form and for such Estate and Estates or chargeable with the payment of such sum and sums of money to the other or others of them as the survivor of them the said William Lee and Sophia his Wife shall by any deed or deeds to be sealed and delivered in the presence of and attested by two or more credible Witnesses or by the last Will and Testament in Writing of the Survivor of them to be duly executed in the presence of and attested by three or more credible Witnesses direct limit or appoint give or devise the same and for want or in default of such direction limitation or appointment gift or devise or in case any such shall be when and so soon as the Estates thereby limited shall respectively end and determine and as to such part or parts of the said rent charge whereof no such direction limitation or appointment gift or devise shall be made as aforesaid Then to the use and behoof of the first second third and all and every other son and sons of the Body of my said Daughter Sophia by her present or any future husband severally successively and in remainder one after another and as they or any of them shall be in Seniority of age and priority of birth and of the several and respective heirs male of the Body and Bodies of all and every such son and sons lawfully issuing the elder of such Son and Sons and the heirs male of his body lawfully issuing being always to be preferred and to take before the younger of such Son and Sons and the heirs male of his body or bodies issuing and for default of such Issue or in case any such shall  be who shall live to attain the age of twenty one years and shall afterwards depart this life without leaving any son or sons of his body lawfully issuing or such son or sons shall also live to attain the said age of twenty one years and shall also afterwards depart this life without leaving any Issue male of his body lawfully issuing or in case the said William Lee and Sophia his Wife or either of them (shall) inherit or possess any of the aforesaid hereditaments and premises in succession by virtue of the aforesaid devises Then and in any of the said Cases I do order will and direct that the said rent charge shall immediately sink into the Hereditaments and premises so chargeable with the payment thereof and thenceforth shall be annihilated and be no longer paid or payable I do also hereby give and devise unto the said John Cockshutt and his heirs one other annuity or clear yearly rent charge of three thousand pounds Upon  trust nevertheless to and for the proper use and behoof of my said Daughter Louisa Wentworth and her assigns until she my said Daughter shall marry (under and with the restriction above mentioned) or for and during the term of her natural life And when and so soon as she my said Daughter shall marry as aforesaid Then upon such trusts and in like manner and with the like powers and for such and the like Estates and Interests and with the like remainders and limitations and subject to the same contingencies and annihilations as is and are hereinbefore particularly mentioned expressed limited directed and declared of and concerning and in relation to the aforesaid rent charge hereinbefore by this my Will given and devised unto or for the benefit of my said Daughter Sophia and I do order and direct that the said respective rent charges shall be paid and payable in good and lawful British Money or in the Notes of the Governor and Company of the Bank of England (for the time being) during all the Estates and Limitations thereof To or for the use and behoof of the person and persons who from time to time shall be entitled to receive the same by two even and equal portions in each year upon the twenty fourth day of June and the twenty fourth day of December free and clear of and from all and all manner of Parliamentary Taxes and local or other Assessments Charges or Impositions whatsoever the first payment thereof respectively to begin and be made in such of the said days as shall next happen after my decease And I do also will and declare order and direct that if the said rent Charges or either of them or any part or parts thereof shall be behind or unpaid by the space of thirty days next over or after either of the said days or times whereon the same are directed to be paid as aforesaid Then and so often and from time to time as it shall so happen it shall and may be lawful to and for the person and persons who from time to time shall be respectively entitled to receive the same or his her or their assigns agent or agents in that behalf into and upon the Hereditaments and premises chargeable with the payment thereof to enter and distrain and the distress and distresses then and there found to take lead drive carry away and impound or otherwise dispose of according to law untill thereby and therewith or otherwise the said yearly rent charges respectively and all arrears thereof and the costs and charges attending such entry and distress and the damages to be sustained by reason of the nonpayment thereof shall be fully paid and satisfied and also that if the said rent charges respectively or any part or parts thereof shall be behind or unpaid by the space of sixty days next over or after either of the said days or times whereon the same are hereinbefore directed to be paid as aforesaid (being first lawfully demanded) then and so often from time to time as it shall so happen it shall and may be lawful to and for the person and persons who shall respectively be entitled to receive the same or his or their agent or agents in that behalf to enter into and upon the said Manors royalties messuages cottages mills lands tenements tythes mines hereditaments and premises or any part thereof chargeable with the payment of such rent charges and to work and carry on the said mines and to open work and carry on any new or any other mines within such manors lands and grounds (which I do hereby impower them to do) and to receive and take the rents issues and profits of all the said [premises] so chargeable as aforesaid to and for his her and their own use and benefit until thereby or therewith or otherwise the said yearly rent charges and all arrears thereof then due and that during such possession of the said hereditaments and premises and working of the said mines shall accrue or become due and all and all manner of costs charges and expences whatsoever attending such entry and all the charges and expences whatsoever to be incurred by the working opening and carrying on of such mines and perception of the rents and profits of the said hereditaments mines and premises and all the damages to be sustained by reason of the non payment of the said rent charges respectively shall be fully paid satisfied and discharged Provided and it is my will and I do hereby declare order and direct that in case such mines can be only partially wrought or must be discontinued to be wrought or shall be wrought out in all or in part or by any other inevitable cause or circumstance whatsoever the said hereditaments and premises chargeable with the payment of the said rent charges shall at any time or times happen to become insufficient for the full payment of the said rent charges Then from time to time and so often as any deficiency shall so happen the same shall be equally borne and sustained by between or amongst the person and persons then respectively entitled to such rent charges in even parts shares and proportions Then the tenant or tenants for life or in [Case] of the said hereditaments and premises then and from time to time respectively shall not in any such cases be answerable in their own proper persons for any such deficiency nor shall they nor any of them be liable in the cases aforesaid to any suit or prosecution whatsoever either at law or in equity Provided also and in case the Income of the said Hereditaments Mines [or] premises so charged with the payment of the said Rent Charges shall not from time to time and at all times so long as the same shall be chargeable therewith respectively produce the full and clear amount thereof after the payment [and] discharge of all the Charges Expences and Wages of every kind soever to be incurred in for or about the working of the said Mines by the person and persons who from time to time shall be entitled to the Inheritance of the same Hereditaments Mines and premises Then and so often as it may so happen it shall and may be lawful to and for such person and persons to deduct and retain to and for him her or themselves by from and out of the said Rent Charges respectively so much and such Sum and [Sums] of Money as he she or they shall have so expended and paid over to and above the same in and about the working of the said Mines and the Management of the said Hereditaments and premises and the Expenses of the collecting the Rents Issues and profits thereof It being my will Intention and Direction that such person or persons shall not sustain any loss thereby.   But I do order and direct that such person and persons shall make up any such deduction and Deductions (if any) and pay the same, without any Interest from Time to time to the person and persons who shall be entitled to the said Rent Charges respectively when and so often as the person and persons entitled to the Inheritance of the said Hereditaments Mines and premises shall be enabled so to do by an Increase of and in the Issues Profits produce and Income thereof And I do order and direct that all and every the Engines Mills Gins Horses Cattle Carriages Tools Utensils and all Implements whatsoever which at the Time of my decease shall be in upon or about the said Mines and used in and for the working thereof shall be continued therein and thereon.   And I do therefore hereby give and bequeath the same and every of them unto the said John Cockshutt his Executors and administrators Upon trust nevertheless to permit and suffer the person and persons respectively who for the Time being shall be entitled to the said Inheritance or who shall be entitled to the said Rent Charges to have and to use the same for the carrying on and working of the said Mines.  And I do also Give devise and bequeath unto the said John Cockshutt his Heirs Executors and administrators All my Right Benefit and Interest Term and Terms of years to come and unexpired of to and in all and every or any lease or Leases of any such Mines or any Priveleges or appurtenances therewith enjoyed and which I shall or may be possessed of at the Time of my decease upon Trust also to and for the use and Benefit of the person and persons who shall be so entitled to the said Inheritance as aforesaid or to the said  Rent Charges respectively and to enable them and every or any of them the better to carry on and work the said Mines And I do direct and order That all and every or any such lease and leases shall when and so often as occasion may require be from time to time renewed [&] vested In trust to and for [the] person and persons uses and purposes aforesaid respectively and the fine or fines payable on such Renewals paid raised and discharged by and out of the Issues and profits of the said Mines and brought into and reckoned as part of the account of the Charges and Expences thereof And as it may happen to be [xxx] for the Improvement of my said Estates if the person and persons who from time to time shall be in the possession of the same be impowered to exchange or to sell and dispose of any part or parts thereof.  I do therefore hereby declare that it shall and may be lawful and I do authorize and impower them the said respective Trustees of this my will at the Request of and by and with the [xxx] and Consent of the person and persons who for the time being shall be in possession of  the said Hereditaments and premises respectively hereby devised and by virtue of this my last will in the actual Receipt of the Rents Issues and profits thereof To Exchange any part or parts of my said manors Royalties Messuages Cottages Mills Lands Advousons Tenements Tithes Hereditaments and premises respectively (except my Mansion House Park Gardens and Demesne lands at Bretton aforesaid) in and by thismy will given and devized with any person or persons who shall be willing to exchange and to convey other Manors Royalties Messuages Cottages Mills Lands advowsons Tenements Tythes Hereditaments and premises of equal or better Value for the same Or to sell and dispose of any part or parts of the said Hereditaments and premises (except as aforesaid) with their appurtenances together or in parcels unto any person or persons who shall be willing to become the purchaser or purchasers thereof and do and shall upon the executing of any Conveyance and Conveyances in Exchange In and for all such and the same several and respective [Uses] Trusts estates powers Limitations provisos charges declarations and Directions hereinbefore respectively mentioned expressed limited declared and directed of and concerning the Hereditaments and premises hereby devized  Or upon payment by such purchaser or purchasers of his her or their purchase Monies into the Hands of my said trustees or the survivor of them and his heirs respectively convey and [assure] any such Manors Royalties messuages Cottages Mills lands advowsons Tenements Tithes Hereditaments and premises hereby devized unto and to the use of such person and persons who shall be willing so to exchange Or to and to the Use of such purchase or purchasers and his her or their heirs and Assigns for ever Freed and absolutely discharged of and from all and every the Trusts Estates powers limitations and Charges of this my said Will or hereby created in any wise howsover or under or by virtue hereof And I do declare that any such purchaser or purchasers shall in no wise be answerable or accountable for the application of the purchase Monies And I do hereby direct and order that such purchase Monies shall so soon as conveniently maybe afterwards from time to time be laid out in one or more purchase or purchases of the fee simple and Inheritance of Freehold Manors Royalties Messuages Cottages Mills Lands Tenements Tithes Hereditaments and premises or of customary or Copyhold lands or Hereditaments free from Incumbrances (except chief or quit Rents) and Services to the Lord or Lords of the Fees.  And do and shall cause to be conveyed and assured such Hereditaments and premises so to be purchased To and for upon and with and under and subject to such and the same uses Trusts Estates powers provisoes Conditions limitations and declarations as in and by this my last will are hereby [limited] created provided declared and contained of and concerning the several and respective Hereditaments and premises hereby devised or to for upon and with and under and subject to such and so many of them as shall be then existing undetermined and capable of taking Effect or as near thereto as the Nature of the Estates to be exchanged or purchased the Existence of persons and other Contingencies will admit respectively.   And in the mean Time and until such purchase or purchases can be made I do direct my said Trustees respectively and the Survivor of them and his Heirs to invest all the purchase Monies that from time to time shall arise by such sale or Sales as aforesaid upon Government or other real Security and to pay and apply the Interest thereof as the same shall become due unto or permit the same to be had and received by the person and persons who for the Time being respectively would have been entitled to the Rents Issues and profits of the Hereditaments and premises so sold And I do give and bequeath unto the said Thomas Richard Beaumont and Diana his Wife All my silver plate pictures Books China Linen Household ffurniture and all other Effects whatsoever in and about my said Mansion House at Bretton aforesaid and my Mansion House called or known by the Name of Hexham Abbey in the said County of Northumberland and all the Effects whatsoever which at the Time of my decease shall be in and about any of my offices Stables Coach houses Granaries Gardens or Buildings appurtenant or belonging to my said Mansion houses or either of them respectively I do also give and bequeath unto the said Thomas Richard Beaumont the legacy or Sum of five thousand pounds And unto the said William Lee the legacy or Sum of five thousand pounds payable and to be paid unto them respectively within twelve Months next after my decease provided always and I do hereby [decree] and declare That in