Will – William Blackett – 5 May 1704

I Sir William Blackett of the Towne and County of Newcastle upon Tine Baronett being of a perfect and disposing memory doe make this my last Will and Testament in mannor and form following (that is to say) first I committ my Soul to the mercy of Almighty God hoping for pardon and eternall Life by the sole meritts and mediation of Jesus Christ and my Body to the Earth to be decently interred Requiring my Executors hereafter mentioned to give mourning to my Relations and neare kindred and to make a handsome distribution to the poore.  And as to the disposing of that temporall Estate both reall and personall wherewith it pleased God to bless me I give and devise the same as followeth.  

I devise my Regality and Mannor of Hexham with its Rights Members and Appurtenances  As alsoe my Mannors  of Fenwicke Anick Grange Gunnerton Hallington Cambo Rothley Herterton Hall with their appurts and all other my Mannors Messuages Lands and Tenements lying in the County of Northumberland which I lately purchased of Sir John Fenwicke late of Wallington aforesaid Baronett deceased and my Capitall messuage of Fallowlees in the said County of Northumberland which I lately purchased of Edward Hall Gentleman to Robert Eden and Thomas Davison of the said Towne and County of Newcastle upon Tine Merchants and their Heires to the severall uses Intents and purposes and under the severall provisos and Trusts hereafter mentioned (that is to say) to the use of William Davison of Beamish in the County of Durham Esqr and John Wilkinson in the said Towne and County of Newcastle upon Tine Merchant and to the Survivors of them his Executors Administrators Assignes for the term of Ninetynine yeares fully to be compleat and ended upon such Trusts nevertheless as are hereafter in this my Last Will mentioned concerning the same.  And from and after the expuration Surrender or other sooner determination of the said term of Ninety and nine yeares then to the use and behest of my Eldest Son William Blackett and the heires male of his body lawfully begotton.  And for default of such Issue to the use and behest of my Second Son and the heires male of his body lawfully begotton.  

And for default of such Issue to the use and behest of all and every my other Son and Sons and the heires male of his body body being alwayes preferred before the younger and the heires male of his body.  And for default of such Issue to the use of my brother Sir Edward Blackett of Newby in the County of York Baronette for and during the terme of his naturall life and from and after his decease to the use of my Nephew William Blackett Eldest son of the said Sir Edward Blackett and the heires male of his body lawfully begotton and for default of such Issue to the use of Nephew Edward Blackett Second Son of the said Edward Blackett and the heires male of his body lawfully begotton  And for default of such Issue to the use of my Nephew John Blackett third son of the said Sir Edward Blackett and the heires male of his body lawfully begotton  And for default of such Issue to the use of my Nephew Christopher Blackett fourth son of the said Sir Edward Blackett and the heires male of his body lawfully begotton.  

All which said severall Estates devised as aforesaid I devise subject to the payment of the Annuity of two thousand pounds by the yeare payable to the Lady Mary Fenwicke widow of Sir John Fenwicke Baronett deceased for her Life Provided alwayes and upon condition that the said Sir Edward Blackett William Blackett Edward Blackett John Blackett and Christopher Blackett and every of them and every of their heires male shall within two years next after the said Sir Edward Blackett William Blackett Edward Blackett John Blackett and Christopher Blackett or any of them or any of their heires shall or may without his or their willfull Default come into the actuall posession of the said Regality Mannor Lands Hereditaments by virtue of this my Last Will shall pay unto my Daughters the Summe of fifteen thousand pounds lawfull money of England in case they or any of them be living when the said fifteen thousand pounds becomes payable and in case they or any of them shall be dead leaving issue that then the said Summe of fifteen thousand pounds lawfull English money shall be equally divided among such surviving Daughters and the Issue of such Daughter or Daughters as is dead such Issue to have such share of the said fifteen thousand pounds as the mother of such Issue should have had if she had been living when the said fifteen thousand pounds became payable and after such payments made aforesaid I devise my said Regality of Hexham and all and singular the mannors and Lands devised to my said brother Sir Edward Blackett William Blackett Edward Blackett John Blackett and Christopher Blackett and the severall heires male of the bodies of the said William Blackett Edward Blackett John Blackett and Christopher Blackett charged as aforesaid to my owne right heires forewith.  

And whereas I am seized of a Tenement called Short Thornes in the parish of Stanhope in the said County of Durham to me and my heires  And likewise am seized of severall Mortgages in fee simple and likewise seized of severall Lands Lead Mines and Cole Mines for one or more Lives and possessed of severall tearmes for years yet in Being of Lands Lead Mines Cole Mines way leaves and Staiths ro[o]mes lying in the said County of Durham and Northumberland  Now by this my Last Will I do devise my said Messsuage called Short Thornes unto the said William Davison and John Wilkinson and their heires.  And also my severall Mortgages and my Leases for yeares unto the said William Davison and John Wilkinson their Executors and Administrators during the Residue and Remainder of the said severall Termes And likewise I doe devise my severall Leases Leases for Lives and of my Farmholds and Leadmines lying within the parishes of Stanhope and Wolsingham in the said County of Durham  and of my Twelfth parte of Stella Colliery the whole into twelve parts equally to be divided  And also the said Regality Mannors Messuages and Tenements and Leadmines to the said William Davison and John Wilkinson and their heires during the severall Leases now in being upon such Trusts as are hereafter mentioned concerning the same in this my Last Will and Testament.  Now I do by this my Last Will declare and appoint aswell the said Tenement called Short Thornes as the said Mortgages and Leases for years as the said Leases for Lives and the said Leases for ninety and nine years to the said William Davison and John Wilkinson their Executors and Administrators and upon the Trust following (that is to say) Upon Trust and confidente that they the said William Davison and John Wilkinson and the survivors of them his Executors and Administrators shall and will out of the Rents and profitts as well of the said Tenement called Short Thornes my Mortgages Leaseholds for Lives and years as of the said Regality Mannors Lands and premises purchased of the said Sir John Fenwicke and Edward Hall devised for the severall Terms aforesaid and out of my personall Estate in the first place fully pay discharge and satisfize all my just Debts owing by me at the time of my death.  And upon this further Trust and Confidente That they the said William Davison and John Wilkinson and the survivors of them his Executors and Administrators shall and will out of the Rents Issues and profitts as well of the said Tenement called Short Thornes Mortgages and Leaseholds for lives and yeares as of the said Regality Mannors Lands and premises purchased of the said Sir John Fenwicke and Edward Hall and others devised for the severall Terms as aforesaid and out of my personall Estate make the Annuity or Rentcharge settled by me by Indenture bearing date the sixteenth and seaventeenth days of December in the Twelfth Yeare of the Reigne of our late Soveraigne Lord King William the Third <..> out of the Mannors or reputed Mannors of Kenton and <Welden> and the Messuages Lands and Colemines within the said Mannors for the jointure of my wife Dame Julia Blackett eight hundred pounds by the yeare beyond Reprizes during her life the said Annuity to be paid by two halfe yearly payments mentioned in the said last mentioned Indentures in case the said Mannors Lands and premises fall short of yielding Eight hundred pounds by the yeare beyond Reprises.  

And upon this further Trust that they the said William Davison and John Wilkinson and the Survivors of them his Executors and Adms shall and will out of the Rents and profitts of the said Regality of Hexham and of the said severall Mannors Farmholds mortgages Leases and out of my personall Estate raise the severall Summes herafter mentioned to be paid in such manner and form and at such time and times as are hereafter limited and appointed (That is to say) I order and appoint the said William Davison and John Wilkinson and the Survivors of them his Executors Administrators and Assignes to raise out of the Rents and profitts of my said Regality Mannors Lands Leadmines Hereditaments Mortgages and personall Estate the Summe of one thousand pounds lawfull English money within two years after my decease and with the same to purchase Lands and Tenements of freeholds and inheritance in the Counties of Durham and Northumberland of such yearly value as the said summe of one thousand pounds lawfull English money will purchase and convey the same to the vicar of St Nicholas Church in Newcastle and the Churchwardens of the Parish of St Andrews in Newcastle and their successors upon Trust and Confidante that the said vicar and Churchwardens and their Successors shall and will from time to time and at all times there after with the approbation of my heire at Law dispose of one third parte the whole in three partes to be divided of the profitts of the said Lands Messuages and Tenements for the binding of Apprentices to Trades within the said Towne for the Terme of seaven yeares the said third part and be disposed of at the feast of the Nativity of our blessed Saviour yearly forever.  I order and appoint the said vicar and Churchwardens with such approbation as aforesaid to pay one other third part the whole into three parts equally to be divided of the Rents and profitts of the said Messuages Lands and Tenements to be purchased as aforesaid to be disposed of to such poore householders living within the said parish of Saint Andrews in Newcastle at the feast of Christmas in every succeeding yeare And I doe appoint the said vicar and Churchwardens and their Successors with such approbation as aforesd to pay the remaining third part of the Rents of the said Messuages Lands and Tenements to be purchased as aforesaid to be every yeare upon the feast of Christmas after the said Messuages Lands and Tenements are purchased as aforesaid to be disposed of to some fit person to be those by the said vicar and Churchwardens with such approbation as aforesaid to teach thirty children borne in the said parish of Saint Andrews in Newcastle whose parents pay nor are able to pay any Rates to the Church and poore without other recompense to be paid for teaching the said Children except the said parte of the said Lands and tenemts to be purchased as aforesaid to read English and repeate the Church Catechisme without Books in the opinyon of the said vicar and Churchwardens that the said Children shall be discharged of the said Schoole and other children soe qualified as aforesaid shall be received into the said schoole so the number of Thirty be always kept up.,  the said Children ? in the said Schoole to have the preference of others to the Apprenticeships beforementioned.  

I order and appoint that the said William Davison and John Wilkinson and the Survivors of them his Executors and Administrators to raise out of the Rents and profits of my said Regality of Hexham Mannors Land Hereditaments mortgages Leaseholds and personall Estate and pay to my dearly beloved wife Dame Julia Blackett the Summe of two thousand pounds of lawfull English money within the space of two years after by decease to whom I give and device my Coaches and Coachhorses and harnasses and all such Jewells Gold and Rings as are in her custody and were given to her by me before or since our Intermarriage not doubting that she will leave the same to my Children. I devise to my said wife the use of my plate and household staff in my house at Newcastle during her Life. And after her decease I devise the same to my heire at Law. I also give and devise my now dwelling home in Pilgrim Street in the said Towne of Newcastle upon Tyne with the Appurtenances as alsoe my Gardens and Outhouses therewith used and enjoyed as also my lands in Sidgate lying without the Walls but within the Liberties of the said Towne of Newcastle upon Tine unto the said Robert Eden and Thomas Davison and their heires to the use of my dearly beloved Dame Julia Blackett for and during the terme of her naturall Life. 

And from and after the decease of my said wife I devise my said dwelling house with the appurtenances and my said Land in Sidgate to the use of my Eldest Son William Blackett and the heires male of his body lawfully begotton And for default of such Issue to the use and <?> of my Second Son and the heires male of his body lawfully begotton And for default of such Issue to the use and <?> of all and every my other Son and Sons and the heires male of their severall bodies lawfully begotton as they shall be in Seniority of age and Priority of birth the Eldest and the heires male of his body being always preferred before the Younger and the heires male of his body And for default of such Issue I devise my said Messuages Gardens Coach-houses Stables and Lands in Sidgate to my brother Sr Edward Blackett for and during the Terme of his naturall Life. And from and after the decease of my said brother Sr Edward Blackett I device my said Messuages Gardens Coach-houses Stables and Lands in Sidgate to William Blackett Son and heire apparent of my said brother Sr Edward Blackett and the heires male of his body lawfully begotton 

And for default of such Issue to the use of my Nephew Edward Blackett second son of my said brother Sr Edward Blackett and the heires male of his body lawfully begotton And for default of such Issue to the use of my Nephew John Blackett third son of the said Sr Edward Blackett and the heires male of his body lawfully begotton. And for default of such Issue to the use of my own right heires forever provided always and upon Condition that my said brother Sr Edward Blackett and the said William Blackett Son and heire apparent of the said Sr Edward Blackett, Edward Blackett, John Blackett and Christopher Blackett and the severall heires male of their severall bodies begotton permit and suffer my said wife Dame Julia Blackett to enjoy that part of the house with the outhouses Gardens and Stables during her naturall Life which were purchased by my father Sir William Blackett and settled in remainder after my death without Issue male upon the said Sr Edward Blackett. And in case my son William Blackett or any of the heires male of his body or any other of my son or sonnes and the heires male of their several and respective bodies or my said brother Sr Edward Blackett or the said William Blackett Son and heir apparent of the said Sr Edward Blackett or any of the heires male of his body begotton of the said Edward Blackett John Blackett and Christopher Blackett or any of the heires male of their severall bodies begotton disturbe my said wife in the Enjoyment of the said moyety of the said dwelling house Gardens and Outhouses or any of them purchased by my father ~Then my will is that the said moiety Of the said messuage gardens Outhouses and Lands in Sidgate aforesaid purchased by me shall be and got to the use of my right heires forever.

I order and appoint that the said William Davison and John Wilkinson and the Survivors of them his heires Executors and Administs shall raise out of the Rents and profitts of my said Regality of Hexham Mannors Lands LeadMines Mortgages Mortgages Leaseholds and personall Estate and premises during the said Termes the Summe of six thousand pounds a piece over and above the said Summe of fifteen thousand pounds before mentioned in this my last Will for portions to my Daughters. Provided my said Daughters marry with consent of their mother Dame Julia Blackett if She be living and not otherwise. And my will is that if any of my Daughters marry without such consent or dye before their portions become payable by this my last Will then my will is that the portion or portions of such Daughter or Daughters soe marrying or dying shall be divided amongst my surviving Daughters and to the Issue of such Daughter or Daughters as shall be deceased as aforesaid and my will is that the said William Davison and John Wilkinson and the Survivors of them his Executors and Administrators shall pay the Summe of two hundred pounds a piece by the yeare out of the Rents and profits of the said Regality and Mannors Lands Lead Mines Leaseholds Mortgages and personnall Estate for maintenance of my younger Son and Sons Daughter and Daughters the same to be paid them at two feasts in the yeare Martinmas and Pentecost by equall portions until they doe marry the first of the said payments to be made at such of the said feast days that shall happen first and next after my decease. 

And my will is that the said William Davison and John Wilkinson  and the Survivors of them his Executors and Administrators doe deduct out of the Rents and profits of my said Mannors Lands Hereditaments and personall Estate all such Summes of money charges Expenses and Costs of Suite in Law or Equity as they or any of them shall lay out or expend or shall be damnifyed in or by the management or Execution of the severall Trusts herein mentioned and shall likewise pay all such Summes of money as shall be reasonable for collecting of the Rents and profits of my said Mannors Lands Leadmines Hereditaments and personall Estate and shall pay and allow all Sallaries due thereupon paid by me in my lifetime. And my will is that after my said Debts Charities Portions and Legaties that shall be due be paid and not before That then the said Terme for ninety and nine Yeares devised by me to the said William Davison and John Wilkinson and the survivors of them his Executors and Administrators to such person or persons to whom the immediate Estate in Reversion or Remainder after the Expiration or Determination of the said Lease is devised by this my last Will and Testament.  

And as to and concerning the said Tenement called Short Thornes as also the said Leaseholds limited to the said William Davison and John Wilkinson in manner as aforesaid I order and appoint that the said William Davison and John Wilkinson and the Survivors of them his heires Executors and Administrators shall after the said Debts Portions Legaties and Charities paid as aforesaid shall grant the said Farmhold called Short Thornes to my Second Son and herires male of his body.  And shall likewise assigne the severall Termes for Lives and Yeares during the Residue and Remainder of the said severall Termes to my Second Son his Executors and Administrators.  And in case my Second Son dye before such Grant and Assignment made as aforesaid I appoint the said William Davison and John Wilkinson or the Survivors of them his Executors and Administrators shall grant and assigne the said Farmehold called Short Thornes and the said severall Leases for Lives and Yeares to my Third Son in such manner as the said Farmeholds and Leases for Lives and years were to be conveyed to my Second Son But if I dye leaving noe Second Son or Third Son then I appoint the said William Davison and John Wilkinson and the survivors of them to grant the said Farmehold called Short Thornes to my heire at Law in fee simple and shall assigne the said severalle Leases for Lives and Yeares to my heire at Law during the Residue and Remainder of the said Termes.  I do order and appoint that my Trustees and Executors named in this my Will shall raise and pay within two years next after my decease 

And out of the Rents and profits of my said Mannors Lands Hereditaments and personall Estate the several Legaties hereafter mentioned to the severall persons hereafter mentioned (that is to say) 

To my brother Sr Edward Blackett the Summe of one hundred pounds.  

To my Sister Bridges the Summe of one hundred pounds.  

To my Sister Midford the Summe of one hundred pounds.  

To my Cousen Christian Blackette the Summe of five pounds per Annum for the Terme of her naturall Life only.  

To my Cousen Simpson the Summe of five pounds.  

To each of my Executors the summe of Ten Pounds and to each of my servants that at my death shall be living in my house the Summe of five pounds.  

Provided always and my will is that if my personall Estate and the profits of my Mannors Lands Lead=Mines Cole=Mines Hereditaments Leaseholds and Mortgages devised in a manner as aforesaid be not sufficient to pay my debts Legaties and Bequests within the space of Seaven years next after my decease that then in such case it shall and may be lawfull to and for the said William Davison and John Wilkinson and the survivors of them his Executors and Administrators with consent of my said wife Dame Julia Blackett and not otherwise to sell any parte of my said Mannors Lands Lead=Mines and Cole=Mines to any person or persons whatsoever and their heires for the raising soe much money as my Mortgages and personall Estate and the profits of my said Lands Leadmines and Collierys during the seaven years after by decease shall not be sufficient to pay 

And my will is if any Question arise about Expounding any clause or Sentence in this my Last Will or that any Question arrise between my Trustees and Executors and my Children about any of the bequests in this my last Will mentioned that then such difference shall be referred to the Determination of my Brother in Law Sir John Conyers and owne Brother  Sir Edward Blackett  And that their Determmation shall be finall to my said Children Trustees and Executors.  And I doe constitute and appoint the said William Davison and John Wilkinson to be Executors of this my last Will and Testament in Trust for my said Wife and Children and for the severall purposes aforesaid.  And as for the Residue of my personall Estate after my Debts Appointments funeral Expenses portions Maintenances and Legaties be paid devise the same to my heire at Law. 

 And I appoint the said William Davison and John Wilkinson and the Survivors of them his Executors and Administrators to assigne the said surplus to my said heire at Law his and their heires Executors and Administrators.  And whereas my Father in Law Sir Christopher Conyers (?) deceased did make me Executor of his Last Will and Testament and therein bequeathed me his personall Estate Now I doe by this my last Will devise and bequeath the said personall Estate of the said Sir Christopher Conyers to my Brother in Law Sir John Conyers his Executor & Administrator and Assignes to be disposed of to the children of the said Sir John Conyers as he shall find them dutyfull and deserving.  I doe by this last Will make the said Sir John Conyers Executor of the personall Estate of the said Sir Christopher Conyers.  I revoke all Wills by me formerly made.  In Witness whereof I have hereunto set my Hand and Seale the fifth day of May in the Third Yeare of the Reigne of our Soveraigne Lady Anne the First by the grace of God of England Scotland France and Ireland Queen Defender of the Faith.  Anno Dii one thousand seaven hundred and foure.    Wm. Blackett.

Examr per Bry Rushworth No.  Euim Pub. Cuir