WILLIAM RAWES OF HOUGHTON LE SPRING

Will, Codicil & Admon the Rev. William Rawes of Houghton le Spring, Durham. Made 30th August 1826. Proved 17th June 1828 at Prerogative Court of York (PCY). (Augustus Line)
[Will:]
[Sheet one:]
This is the last Will and Testament of me the Reverend William Rawes / of Houghton le Spring in the County of Durham, Clerk made the thirtieth Day of August / in the year of our Lord one thousand eight hundred and twenty six. I give to my dear wife / Ann Rawes the legacy or sum of One hundred pounds for her immediate support and I give /
1 to each of my two sons and to each of the servants who shall be living with me at the time of / my decease such sum of money for mourning as my said wife shall direct the said legacy and / sums of money to be paid by my Executors and Trustees hereinafter named within one / month next after my decease and I give to my said wife all the Wines Liquors and provisions /
2 which shall be in my dwelling house at the time of my decease and I direct that my said / wife shall have the use of all my Plate and home made linen during her life and upon her / demise I give the same Plate and Linen to my son William Rawes his Executors administrators / and assigns. I give to my daughter in Law Sarah Rawes the widow of my late son /
3 Joseph Rawes the Legacy or sum of Two hundred pounds to be paid at the end of six / calendar months next after my decease but without any interest in the meantime for the / for the same And as to all my ready money money in the Public Funds and money upon any other / security or securities and all my Book debts Household Furniture and farming Stock / and all other my personal Estate and Effects whatsoever not herinbefore disposed of I /
4 give and bequeath the same to Henry Donkin of the City of Durham, Gentleman and / Henry Story of Stockton upon Tees in the said County, Gentleman their Executors Administrators / and assigns In Trust to get in my said debts and to sell and dispose of and convert into / money all the residue of my personal Estate herinbefore given to them and I declare /
5 and direct that the said Henry Donkin and Henry Story their executors Administrators and / assigns shall stand and be possessed and interested of and in the money to arise and be produced / as aforesaid Upon the Trusts following (that is to say) In Trust thereout to pay all my debts and / funeral and Testamentary expenses and the said Legacies or sums of money hereinbefore given /
6 And as to the residue or surplus of the money to arise and be produced as aforesaid which / shall remain after and shall not be applied in the payment of my debts and funeral and / testamentary expenses and the same Legacies In Trust to place out or invest the same / residue or surplus in or upon Government or Real Securities at Interest and from time /
7 to time to call in or dispose of the principal money so to be placed out or invested and to / place out or invest the same again in or upon new or other securities of the like nature / at Interest until the same shall become payable by virtue of this my Will and I declare and / direct that the said Henry Donkin and Henry Story their executors Administrators and / assigns shall be possessed of the said principal money hereinbefore directed to be placed out /
8 at Interest Upon the Trusts following (that is to say) In Trust to pay the Interest dividends / and yearly proceeds therefrom arising as the same shall come in and be received unto / my said wife Ann Rawes or her assigns or otherwise to authorise or permit and suffer /
Willm Rawes [signed]

[Sheet two:]
her and them to receive the same for and during her life and up to the day of her decease and /
9 from and after her decease I declare that the said Henry Donkin and Henry Story / their executors administrators and assigns shall stand and be possessed and interested of and / in the said principal money therinbefore directed to be placed out at interest as aforesaid Upon / the Trusts following (that is to say) As to for and concerning the sum of Four / thousand pounds serling part thereof in Trust either to continue the same in /
10 or upon such Government or Real securities at Interest whereon or wherein the same shall be / placed out or invested at the time of the decease of my said wife and to place out or invest the / same money in or upon Governmane or Real Securities at Interest and from time to time / to alter vary and transpose such securities and Funds until the same shall become /
11 payable by virtue of this my Will and I declare and direct that the said Henry Donkin and / Henry Story their executors administrators and assigns shall be possessed of the principal / sum of Four thousand pounds herinbefore directed to be continued / or placed out at interest upon the Trusts hereinafter expressed or declared of or concerning / the same (that is to say) In Trust to appropriate the whole or a competent part of the Interest /
12 dividends and yearly proceeds therefrom arising as the same shall come in and be received / for the maintenance and support medical aid and otherwise for the benefit of my son / Robert Rawes for and during his life and also for the expenses of his funeral (whenever / he shall happen to die) And as to so much of the said Interest dividends and yearly / proceeds as shall not be appropriated and applied to or for these purposes I declare and /
13 direct that my said Trustees shall stand and be possessed therof in Trust from time to / time to continue or place out rthe same at Interest during the life of my son Robert / Rawes And that the same and all accumulations to arise or be made therefrom if not / applied for those purposes (and to which it is my intention that the same accumulations /
14 shall be applicable as well as the Interest from whwnce the same shall arise) shall from / and after the decease of my said son Robert Rawes be In Trust for my said son William Rawes / his executors administrators and assigns And I also declare and direct that from and after / the decease of my said son Robert Rawes the said sum of Four thousand pounds herinbefore directed to be continued or placed out at Interest for the purposes /
15 aforesaid shall also be In Trust for him my said son William Rawes his executors / administrators and assigns And as for and concerning the sum of Four / thousand pounds sterling other part of the said principal money / first hereinbefore directed to be placed out at Interest my said Trustees shall stand and be / possessed hereof Upon the Trusts following (that is to say) In Trust either to continue the /
16 same in or upon such Government or Real securities at Interest whereon or wherein / the same shall be placed out or invested at teh time of the decease of my said Wife or to / place out or invest the same money in or upon Government or Real securities at Interest /
Willm Rawes [signed]

[Sheet three:]
and from time to time to alter vary and transpose such securities and funds until the /
17 same shall become payable by virtue of this my Will and I declare and direct that the said / Henry Donkin and Henry Story their executors administrators and assigns shall be / possessed of the said sum of Four thousand pounds last hereinbefore / directed to be continued or placed out at Interest upon the Trusts hereinafter expressed / or declared of or concerning the same (that is to say) In Trust to appropriate a / competent part of the Interest dividends and yearly proceeds therefrom arising for /
18 the maintenence education or benefit of my grandson William Shirley Maule the son / of my late daughter Martha Shirley Maule until he shall attain the age of twenty / one years or die which shall first happen and In Trust to pay to my son in Law The / Reverend Augustus Henry Maule during the minority of my said grandson the Interest /
19 dividends and yearly proceeds so directed to be appropriated as last mentioned to be by / him applied for the purposes aforesaid in such manner he shall think proper And as / to so much of the said last mentioned Interest dividends and yearly proceeds as shall / not be appropriated and applied to or for those purposes I declare and direct that my / said Trustees shall stand and be possessed therof In Trust from time to time to /
20 continue or place out the same at Interest during the minority of my said grandson / William Shirley Maule and I further declare and direct that as well the said sum of Four / thousand pounds last herein before directed to be continued or placed / out at interest as all the interest and accumulations which shall arise during the / minority of my same grandson and which shall not be applied for his maintenance /
21 education or benefit shall be In Trust for him my said grandson William Shirley Maule / to be paid or transferred to him as and when he shall attain the age of twenty one years / provided nevertheless that in case he shall die before he shall attain that age in that / case the same shall upon his decease sink into the ultimate residue of my personal / Estate and go as the same is hereinafter disposed of And as to for and concerning /
22 All other the said principal money first hereinbefore directed to be placed out at / Interest which shall not be appropriated or applied for the raising and paying of the / said several sums of Four thousand pounds sterling and Four / thousand pounds and all other the residue and remainder / of my said personal Estate whereof no Trust is hereinbefore declared The same shall /
23 be in Trust for my said son William Rawes his executors administrators and assigns / to and for his own use and benefit. By virtue of every right power and authority / enabling me in this behalf I give devise and appoint all my Copyhold or Customary / Messuages or Dwellinghouses Buildings and Hereditaments situate or being in Houghton / le Spring aforesaid with the Appurtenances unto and to the use of the said Henry /
24 Donkin and Henry Story their Heirs and assigns for ever In Trust as soon as conveniently /
Willm Rawes [signed]

[Sheet four:]
may be after my decease to sell and dispose of the same premises to any person or persons who / shall be willing to become the purchaser or purchasers thereof either by public auction or private / contract and I declare and direct that the money to arise and be produced from such sale shall /
25 be added to the the residue of my personal Estate hereinbefore given to my said Trustees and shall / go as the same is hereindefore disposed of and I declare and direct that the receipt or receipts / of the said Henry Donkin and Henry Story or of either of them or of any of the Trustees for the time / being of the said Copyhild premises hereinbefore devised under his or their hands or hand /
26 respectively shall effectually discharge the purchaser or purchasers of the same premises / of and from so much of the purchase money as shall therein be acknowledged or expressed to / be received And that such purchaser or purchasers shall not afterwards be answerable or / accountable for any loss misapplication or nonapplication of such purchase money or any / part thereof And I declare and direct that in the meantime until the said Copyhold premises /
27 shall be sold and disposed of the Rents and profits thereof shall go to the same persons and / and in the same proportion and manner as the money to arise by the sale of the same premises / would after such sale be payable or applicable to by virtue of this my Will provided always / and I declare and direct that each of them the said Henry Donkin and Henry Story accepting /
28 the Trusts and Executorship of this my Will shall retain out of my said personal Esate the / Legacy of Twenty guineas as an acknowledgment for their trouble therein and I direct that / all my manuscripts shall be burnt by my Executors except such Sermons as my said / son William Rawes shall request to have. I constitute and appoint the said Henry / Donkin and Henry Story and my said son William Rawes Executors of this my last Will /
29 and Testament and I give and devise unto the said Henry Donkin and Henry Story their Heirs and Assigns all such Estates as are now vested in me by way of mortgage in order / to enable them with the greater ease and convenience to recover receive and get in the / money secured by such mortgages for the purposes of this my Will and I give to them the /
30 said Henry Donkin and Henry Story their Heirs and Assigns all such Real Estatesas are / now vested in me upon any Trust or Trusts to hold the same unto the said Henry Donkin / and Henry Story their Heirs and Assigns upon the several Trusts affecting the same respectively / provided always and I declare and direct that if either of them the said Henry Donkin and / Henry Story shall die or be desirous to decline and be discharged of and from all or any of the /
31 Trusts in them reposed by virtue or in pursuance of this my Will at any time or times before / the same Trusts shall be fully executedand performed and when and as soon as the same / shall happen it shall and may be lawful to and for my said wife Ann Rawes during her life / and from and after her decease then to and for the Trustees or Trustee for the time being of /
32 of the said Trust Estates money and premises by any writing or writings under her their or his / hand and seal or hands and seals respectively to nominate and appoint any other person or / persons to be a Trustee or Trustees for the purposes aforesaid in the place of such of them the /
Willm Rawes [signed]

[Sheet five:]
said Henry Donkin and Henry Story as shall die or be desirous to decline and be discharged of and /
33 from the same Trusts or any of them and so from time to time to nominate and appoint as often as there / shall be occasion any other person or persons to be a Trustee or Trustees in manner and for the / purposes aforesaid in the place of the present or any any succeeding or other Trutees or Trustee who /
34 shall die or be desirous to decline and be discharged of and from the same Trusts or any of them / as aforesaid and who and so often as any new Trustees or Trustee shall be nominated and / appointed as hereinbefore mentioned the Trust Estates securities monies and premises which / shall be then vested in the person or persons so dying or from the Trusts whereof any of the / Trustees then in being shall desire to be discharged shall respectively with all convenient speed be
35 conveyed and transferred so and in such manner as the same shall be effectively vested in / the surviving or continuing Trustees or Trustee and such new Trustees or Trustee upon the / upon the same Trusts as are herein before declared concerning the same Trust Estates Securities monies / and premises respectively or upon such of the same Trusts as for the time being shall be existing /
36 unperformed and undischarged and undetermined or capable of taking effect and I declare and direct / that my said Executors and Trustees hereby appointed or any new Trustee or Trustees to be / nominated or appointed as hereinbefore mentioned their respective Heirs Executors Administrators / or Assigns shall not be answerable or accountable the one for the other of them and that they / or any of them shall be charged or chargeable with or answerable for the Acts Receipts Neglects or /
37 defaults of the others or other of them but each of them for his own Acts Receipts Neglects or defaults / only nor for any money Rents or profits but such only as they respectovely shall actually receive / by virtue of this my Will And also that they respectively shall and may retain and deduct and / be allowed out of the said Trust Estates monies and premises all their losts charges damages /
38 and expenses to be occasioned by the execution or performance of the Trusts in them reposed or to / be reposed by virtue or in pursuance of this my Will or any way relating thereto And I hereby revoke / all my former Wills In Witness whereof I have to this my last [Will] and Testament contained in this / and the four preceeding sheets of paper hereunto annexed (and to a Duplication thereof) set my hand and /
39 seal (to wit) my hand to the bottom of each of the four preceeding sheets my hand and seal to this / fifth and last sheet and my seal to the top of the first of the preceeding sheets where all the / said sheets are fixed together the day and year first before written.

Willm Rawes [signed]

[At the bottom of sheet five:]
The Writing contained in this and the four preceeding sheets of paper hereto annexed was signed and sealed by The / Reverend William Rawes of Houghton le Spring in the County of Durham Clerk and by him published and declared as and / for his last Will and Testament in the presence of us who as witnesses thereof have hereunto sudscribed our Names in / his presence at his request and in the presence of each other.

Jno. Hobson [signed]
John Surtees White [signed]
Thos. Moses [signed]


[Codicil:]
[Sheet one:]
41 This is a codicil to the last Will and Testament of / me The Reverend William Rawes which will bear date / the thirtieth day of August now last past. I revoke the legacy / or sum of Two hundred pounds in and by my said wife / given to my daughter in Law Sarah Rawes and in lieu / therof I do hereby give her the Annuity or yearly sum of / Thirty Pounds for and during her life to be paid to her free /
42 from taxes and clear of all other deductions on two days or / times in the year (that is to say) the thirteenth day of May / and twenty third day of November in every year by even / and equal portions and to her Executors or Administrators / aproportionable part of the said Annuity or yearly sum to be / computed to the day of her decease from the then last preceeding /
43 day of payment The first half yearly payment of the said / Annuity to begin and be made upon such of the said days / of payment as shall first happen next after my decease / And I give to Sarah Ann Dickinson of Otley on the County of York the Annuity or yearly sum of Twenty pounds for and / during her life to be paid to her free from taxes and clear /
44 of all other deductions on the said days or time in the year / (that is to say) the thirteenth day of May and the twenty third day of November in every year by even and equal portions / and to her Executors or Administrators aproportionable / part of the same Annuity or yearly sum to be computed / to the day of her decease from the then last preceeding day of /
45 payment The first half year payment of the same Annuity to / begin and be made upon such of the said days of payment /
Will Rawes [signed]

[Sheet two:]
as shall first happen next after my decease And I direct / that during the Infancy and Minority of the said Sarah / Ann Dickinson the said Annuity of Twenty pounds so given / to her shall be applied by my trustees for and towards / her Maintenence and Education And I direct that the said /
46 several Annuities of Thirty pounds and Twenty pounds / shall be raised and paid to the said Sarah Rawes and / Sarah Ann Dickinson respectively by the trustees in my / said Will named by and out of the interest of the principal Money / in and by my said Will directed to be placed out at Interest / as therin expressed and in all respects I ratify and / confirm my said Will so far as the same is not /
47 revoked or varied by this Codicil. In Witness / whereof I have hereunto set my Hand and Seal / the eleventh day of October in the year of our Lord one thousand eight hundred and twenty six.

The writing contained in this sheet of
William Rawes of Houghton le Spring in
the County of Durham Clerk and by him published
as and for a Codicil to his last Will and
          Willm Rawes [signed]
Testament in the presence of us who as Witnesses
thereof have hereunto set our names in his
presence at his request and in the presence
of each other.

Jno. Hobson [signed]
John Surtees White [signed]
Thos. Moses [signed]


[Admon:]
I do hereby certify that on the twenty first of May in the year of our Lord one thousand / eight hundred and twenty seven Henry Donkin of the City of Durham Gentlemen, Henry Story of / Stockton upon Tees in the County of Durham, Gentleman and the Reverend William Rawes of / Easington in the same County, Clerk his son the executors named in this the last Will and Testament, / with a Codicil thereto, of the Reverend William Rawes late of Houghton le Spring in the County of / Durham within the province of York, Clerk, deceased, were sworn well and truly to execute and / perform the same, and that the whole of the goods chattels and credits of the said deceased within / the Province of York do not amount in value to the sum of Three thousand pounds.

Witness my hand
Jno. Clarke, Sur. [signed]

Sworn under £3000
Prerogative
Died 26th April 1827.

W. & Cod. Passed 17th June 1828 Under £3000.

Transcribed from the original by Bryant Bayliffe, 2002