Will – Thomas Emerson – 2 Apr 1817

This is the last Will and Testament of me Thomas Emerson of Newhouse in the parish of Stanhope in the County of Durham Gentleman I Give and bequeath unto my dear Wife Jane Emerson all my Household Furniture plate China Bedding Linen and Implements of Household to be at her own disposal



I Give devise and bequeath to my Son Thomas Emerson the younger and to Robert Bainbridge of Alston in the County of Cumberland Gentleman and their Heirs All my Customary freehold Estates Hereditaments and premises situate lying and being at Ireshope Burn and Hulsfield East and Wester Hotts Loaning Riggs Low Riggs High Earnswell and elsewhere in the said parish of Stanhope Upon Trust to permit and suffer my said dear Wife Jane Emerson to receive the Rents and profits thereof during her natural life in Case she shall so long continue my Widow And I direct my said dear Wife after thereout keeping the same Hereditaments in proper repair to apply the same rents and profits (subject as hereinafter mentioned in respect of the Rents and profits of the Hereditaments hereinafter by me devised to my Son Thomas Emerson the younger) for and towards her own Maintenance and the Maintenance and Education of my three Sons the said Thomas Emerson the younger Joseph Obadiah Emerson and Edward Emerson in such proportions and manner as my said dear Wife shall judge best.  And in Case of the second marriage of my said dear Wife Then upon Trust that my said Trustees shall and do in the first place out of the Rents and profits of all the same Hereditaments pay to my said dear Wife the Sum of Eighty pounds within twelve Calendar Months from the time of such Marriage  And from and after the death or second marriage of my said dear Wife which shall first happen I direct my said Son Thomas Emerson the younger and the said Robert Bainbridge and their heirs to stand seised possessed of interested in and intitled unto All those my Messuages or dwellinghouses and Outhouses with the Yards and Appurtenances thereto belonging called West Hotts now tenanted by John Harrison Jane Harrison and others, Also the Field called the Homefield adjoining thereto now in my own occupation also the little Field lying above the same part of High Earnwell Estate also now in my own occupation Also All those two Messuages or dwellinghouses and Outhouses and two Closes or Fields of Meadow Ground part of High Earnwell Estate and two Allotments plots or parcels of Ground lying above the same all now tenanted by William Lonsdale and James Gardiner with the Appurtenances thereto belonging and one undivided fourth part or share / the whole into four parts or shares equally to be divided / of and in an Allotment plot or parcel of Ground now called the Limekiln Allotment now in my own occupation and one undivided third part or share / the whole into three parts or share equally to be divided / of and in an unenclosed Allotment or parcel of Ground as the same is now staked out upon Ireshope Common or Fell and also one third part or share of my Cattle Stints on the undivided part of the said Ireshope Common or Fell Upon the Trusts following, that is to say, Upon Trust in Case my second Son Joseph Obediah Emerson shall be then living and under the Age of Twenty-one Years to receive the Rents and profits thereof as the same shall come in and be received and to pay and apply the same for and towards the maintenance and Education of my said Son Joseph Obediah Emerson until he shall attain his Age of twenty-one Years And in Case my said Son Joseph Obediah Emerson shall have attained his Age of Twenty-one Years at the time of the death or second marriage of my said dear Wife, or if not, Then so soon as he shall attain that age, the same Hereditaments and premises shall be In Trust for my said Son Joseph Obediah Emerson his Heirs and Assigns for ever, But in case of the death of my said Son Joseph Obediah Emerson under the Age of Twenty-one Years and without leaving any lawful Issue him surviving Then I direct that two undivided third parts or shares / the whole into three parts or shares equally to be divided / of and in all and singular the same Hereditaments shall be In Trust for my said Son Thomas Emerson the younger his Heirs and Assigns for ever, and the remaining one undivided third part or Share of and in all and singular the same Hereditaments  shall be In Trust for my Son Edward Emerson his Heirs and Assigns for ever and shall as to such third part be subject to the same Restrictions and Rents and profits thereof applied in the same manner and form as is hereinafter mentioned in respect of the premises and the Rents and profits thereof hereinafter by me given and devised to my said Son Edward Emerson and his Heirs But in Case of the death of my said Son Joseph Obediah Emerson under twenty-one Years of Age and leaving any lawful Issue him surviving Then I will and direct that the same Hereditaments and premises shall be In Trust for all and every such Issue equally share and share alike as Tenants in Common if more than one and his her or their respective Heirs and Assigns and the Rents and profits thereof to be applied by my said Trustees for and towards the respective Maintenance and Education of all and every such Issue of my said Son Joseph Obediah Emerson during his her or their respective Minority or Minorities And from and after the death or second marriage which shall first happen of my said dear Wife I direct my said Son the said Thomas Emerson the younger and the said Robert Bainbridge to stand seised possessed of interested in and entitled unto All those my two Messuages or dwellinghouses and Outhouses situate at East Hotts and three Closes or Fields thereto belonging and two small parcels of Ground the one called the Hotts Hill and the other lying on the East side of the Methodist Chapel with the appurtenances all of which premises are now tenanted by Thomas Carrick and John Coatsworth and a small plantation on the South side of the Hotts Hill also two Closes or Fields lying above the same part of High Earnwell Estate also an Allotment Plot or parcel of Ground now called the Hotts Allotment, and also three undivided fourth parts or shares / the whole into four parts or shares equally to be divided / of and in the said Allotment plot or parcel of Ground called the Lime Kiln Allotment, all of which last mentioned premises are now in my own occupation, and one undivided third part or share / the whole into three parts or shares equally to be divided / of and in the said unenclosed Allotment or parcel of Ground upon Ireshope Common and also one third part or Share of my Cattle Stints on the undivided part of the said Ireshope Common With the several Appurtenances thereto belonging To Hold the same to the said Thomas Emerson the younger and Robert Bainbridge their Heirs and Assigns Upon the Trusts following (that is to say) Upon Trust in Case my third Son Edward Emerson shall be then living and under the age of twenty-one Years to receive the Rents and profits thereof as the same shall come in and be received and to pay and apply the same for and towards the maintenance and Education of my said Son Edward Emerson until he shall attain his age of Twenty-one Years And in Case my said Son Edward Emerson shall have attained his age of Twenty-one Years at the time of the death or second marriage of my said dear Wife, or if not, Then so soon as he shall attain that age The same Hereditaments and premises shall be In Trust for my said Son Edward Emerson his Heirs and Assigns for ever But in Case of the death of my said Son Edward Emerson under the age of twenty-one Years and without leaving any lawful Issue him surviving Then I direct that two undivided third parts or Shares / the whole into three parts or shares equally to be divided / of and in all and singular the same Hereditaments (subject to my said dear Wife’s Estate therein during her life if she shall so long continue my Widow) shall be In Trust for my said Son Thomas Emerson the younger his Heirs and Assigns for ever and the remaining one undivided third part or share of and in the same Hereditaments shall be In Trust for my said Son Joseph Obediah Emerson his Heirs and Assigns for ever and shall as to such third part be subject to the same Restrictions and the Rents and profits thereof applied in the same manner and form as is hereinbefore mentioned in respect of the premises and the Rents and profits thereof hereinbefore by me given and devised to my said Son Joseph Obediah Emerson and his Heirs But in Case of the death of my said Son Edward Emerson under twenty-one Years of Age and leaving any lawful Issue him surviving Then I will and direct that the same hereditaments and premises shall be In Trust for all and every such Issue equally share and share alike as Tenants in Common if more than one and his her or their respective Heirs and Assigns and the Rents and profits thereof to be applied by my said Trustees for and towards the respective Maintenance and Education of all and every such Issue of my said Son Edward Emerson during his her or their respective Minority or Minorities (I Give devise and bequeath to my eldest Son Thomas Emerson the younger) All that my Customary freehold Estate called Ireshope Burn and Hulsfield now tenanted by George Walton Joseph Walton Jonathan Dawson George Donaldson James Elliot Thomas Dawson Thomas Peart Joseph Howard and George Gardiner and a Field occupied by the said Thomas Dawson lately purchased by me of John Watson Esquire and also All that my Customary freehold Estate called the Riggs or Loaning Riggs and the Allotments plots or parcels of Ground held therewith now tenanted by Cuthbert Robson and Thomas Robinson Also All that my Customary Freehold Estate called the Low Riggs now in my own occupation And also all that my Estate called Ireshope plains now tenanted by Joseph Race and one undivided third part / the whole into three parts equally to be divided / of and in the said unenclosed allotment or parcel of Ground as the same is staked out upon Ireshope Common or Fell, and also one third part or share of my Cattle Stints on the undivided part of the said Ireshope Common or Fell To Hold the same with the appurtenances to my said Son Thomas Emerson the youngers his Heirs and Assigns for ever Subject to the said Estate of my said dear Wife therein during her life is she shall so long continue my widow as aforesaid and also subject to and charged and chargeable as hereinafter mentioned) I also give devise and bequeath to my said Son Thomas Emerson the younger his Heirs and Assigns All my freehold Hereditaments situate at Allandale Town and all other my household premises wheresoever situate and not hereinbefore by me devised, I do hereby give and bequeath to my three daughters Elizabeth Margaret and Jane Emerson the Legacy or Sum of One thousand pounds each and I direct that the said Legacies so given to my daughters Elizabeth and Margaret Emerson shall be paid to them at the end of three years next after my decease and shall be considered as vested Interests from my decease and that each of them my said two daughters shall be paid and allowed legal Interest for the same Legacies from the time of my decease and I direct that the said Legacy or Sum of One thousand pounds shall be paid to my said daughter Jane Emerson on her attaining her Age of Twenty-one years and that the Interest thereof from my decease shall be applied for and towards her Maintenance and Education in the meantime, And in Case of the death of my said daughter Jane Emerson under Age and without leaving any lawful Issue Then I direct one half part or share of the said Legacy or Sum of One thousand pounds to be paid to and retained by my said Son Thomas Emerson the younger at the end of twelve Calendar Months next after the decease of my said daughter Jane Emerson, and the remaining one half part thereof to be equally divided between my said Sons Joseph Obediah Emerson and Edward Emerson the share of such of them as shall have attained the age of twenty-one Years to be paid to them at the end of twelve Calendar Months next after the decease of my said daughter Jane Emerson and the share of such of them as shall be then under age to be paid to him or them when of age and the Interest thereof in the meantime to be applied towards his or their maintenance and Education But in Case of the death of my said daughter Jane Emerson under age and leaving any lawful Issue her surviving Then I direct the said Legacy shall go and be paid to such Issue on his her or their respectively attaining the age of twenty-one Years and the Interest thereof in the meantime to be applied towards their respective Maintenance and Education  I Give devise and bequeath unto my said dear Wife Jane Emerson and to my said Son Thomas Emerson the younger All such Real and Personal Estates Hereditaments and premises as are now vested in me by way of Mortgage To Hold the same to the said Jane Emerson and Thomas Emerson the younger their Heirs Executors Administrators and Assigns in order to enable them to execute  proper  Reconveyances or payment of the Monies thereby respectively secured and I direct that their Receipts shall be effectual discharges whenever such Receipts shall be necessary to the respective Mortgage or Mortgages and that such Mortgage Monies when received shall be taken as part of my personal Estate  I Give and bequeath to my said dear Wife Jane Emerson and my said Son Thomas Emerson the younger All that my part or Share Estate and Interest in the common Brewery at Alston in the County of Cumberland with the several premises and appurtenances heto therewith in Copartnership and all my personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever to the same may consist and not hereinbefore by me bequeathed In Trust thereout in the first place to pay all my just debts and funeral and other Expences and in the next place to pay thereout the said respective Legacies of One thousand pounds each hereinbefore by me given to my said three daughters as the same shall respectively become due and payable and the Interest in building a dwellinghouse for my said Son Edward Emerson upon that part of my Estate hereinbefore by me devised In Trust for him as aforesaid in Case they shall see it convenient to expend such sum for that purpose during his minority, But if not, then to pay the said sum of One Hundred pounds to my said Son Edward Emerson when he shall attain his Age of twenty-one Years but without Interest in the meantime, and I direct my said Son Edward Emerson to expend the same in erecting such dwellinghouse as aforesaid And in Case there shall remain any surplus of my said personal Estate and Effects I do hereby give such surplus to my said Son Thomas Emerson the younger But in Case my personal Estate Goods and Chattels (after paying thereout all my just debts and funeral and other Expences) shall not be sufficient to pay the before mentioned Legacies so given to my said three daughters and Son Edward as aforesaid Then I do hereby charge and make chargeable the said Estates Hereditaments and premises so hereinbefore by me given devised and bequeathed to my said Son Thomas Emerson the younger his Heirs and Assigns with the payment thereof of so much of the said respective Legacies as shall not be paid out of my said Personal Estate and I do hereby direct authorize and inpower my said dear Wife and Son Thomas Emerson the younger by Mortgage thereof or of any part thereof to raise sufficient Money for that purpose and that the Interest thereof shall be paid out of the yearly Rents and Incomes of my said Estates so directed to be mortgaged as aforesaid   And I hereby direct and declare that my said Trustees or either of them or their respective Heirs Executors or Administrators shall not be charged or chargeable with or answerable or accountable for any Money under or by virtue of the Trusts powers and Authorities hereby in them respectively vested and reposed other than such only as they respectively shall actually receive nor with or for any loss that may happen of such Trust monies or any part thereof unless the same shall happen by their respective wilful neglect or default, and that neither of them the said Thomas Emerson the younger and Robert Bainbridge shall be answerable or accountable for the other of them or for the Acts deeds Receipts disbursements Neglects or defaults of the other of them And also that they shall be and out of the Trust Monies and premises in them vested as aforesaid or the produce thereof deduct and reimburse themselves respectively all such loss Costs Charges Damages and Expences as they respectively shall or may bear pay suffer sustain expend or be put unto in and about the execution of the Trusts and authorities hereby in them respectively vested and reposed or any of them or by reason or means thereof or in relation thereto respectively,  And Lastly I do hereby nominate and appoint my said dear Wife Jane Emerson and the said Thomas Emerson the younger Executrix and Executor of this my Will and do declare this to be and contain my last Will and Testament, In Witness whereof I have to this my last Will and Testament contained in this and the preceding six sheets of paper set my Hand and Seal, that is to say, my Hand to the first six sheets thereof and my Hand and Seal to this sevenths and last sheet this Second day of April in the Year of our Lord One thousand eight Hundred and seventeen.

		Thos. Emerson



Signed sealed published and declared by the said Testator 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 subscribed our names as Witnesses   		



Joseph Dawson

John Clementson

Jane Harrison





On the Eighteenth Day of June 1818 Jane Emerson of West Hotts in the Parish of Stanhope in the County of Durham Widow the Relict and Thomas Emerson of the same place Gentleman the son of the Testator and the Executors named in the within written will were sworn in as usual (under £4000) before me



R Burrell Pr.				James Baker

					Surrogate