ELIZABETH RAWS OF SHERBURN

Will of Elizabeth Raws of Sherburn, Durham. Made 15th September 1849. Proved 19th October 1861 at Durham. (Sherburn Line)
[Sheet one:]
This is the last Will and Testament of me / Elizabeth Raws of Sherburn in the County of Durham / widow, I give and devise unto my Daughter Elizabeth Nicholson / for and during the term of her natural life All that my Freehold / Messuage or Dwelling House situate in Barclay Street in Monk / Wearmouth Shore in the said County And after her decease I give and / devise the same unto her child John Thomas Coulson his Heirs and / Assigns in case he shall attain the age of twenty five years. And in case the / said John Thomas Coulson shall happen to die before attaining the age of / twenty five years Then and in that case I give and devise the said / Messuage or Dwelling House unto my nieces Elizabeth Lynn Ann Lynn / and Margaret Lynn (daughters of my brother Ingram Lynn) in equal / shares as Tenants in Common their respective Heirs and Assigns forever / And I hereby declare and direct that the said Freehold premises hereinbefore / devised and interest monies and annual produce hereinafter bequeathed / to my said Daughter Elizabeth Nicholson during her natural life shall / be for her sole and seperate use and benefit and shall not be subject to / the debts controul disposition or engagements of her present Husband / or any person after his death she may happen to intermarry And I / give and bequeath unto my said Daughter Elizabeth Nicholson for her / sole and seperate use and benefit All my Household Goods and Furniture / Plate linen and china and Household Articles of every description And / I give and bequeath All my ready money securities fir money debts / goods chattels personal Estate and Effects whatsoever and wheresoever / not hereinbefore specified disposed of unto my said Daughter Elizabeth / Nicholson and my said Brother Ingram Lynn their Executors / Administrators and Assigns Upon Trust with all convenient speed / after my decease to sell dispose of collect get in and convert the whole whereof / into money and thereout to pay my just debts and funeral Expences and / the Expenses of proving this my Will and to place out and invest the / residue of such Money at Interest upon Government or real Securities / in their names and from time to time to alter vary and transpose such / Securities and funds until the Money therein to be invested shall become / payable by virtue of the trusts and directions of this my Will when and / as often as they shall think proper. And I declare and direct that the / said Elizabeth Nicholson and Ingram Lynn their Executors Administrators

[Sheet two:]
and Assigns shall stand and be possessed of and interest in the money / hereinbefore declared to be invested or placed out at interest and the Stocks / and ffunds and Securities whereupon the same may for the time being be / invested Upon the Trusts following (that is to say) Upon Trust to pay the / Interest Dividend and Annual produce of the money so directed to be / invested or placed out at interest as aforesaid to my said Daughter Elizabeth / Nicholson and her assigns or to permit her and them to receive the same / during the term of her natural life when and as the same shall be received / And I declare and direct that the said Ingram Lynn his Executors / Administrators and Assigns shall from and after the decease of my / said Daughter Elizabeth Nicholson stand and be possessed of and / interested in the money so directed to be invested or placed out at interest / as aforesaid and the Stocks ffunds and Securities whereupon the same / shall for the time be invested Upon Trust thereout with all convenient / speed after the decease of my said Daughter to pay the same unto my / said Grandson John Thomas Coulson his Executors Administrators / and Assigns in case he shall attain the age of twenty five years And in / case the said John Thomas Coulson shall happen to die before attaining / the age of twenty five years then and in that case Upon Trust to pay / transfer and divide the said trust monies and ffunds unto and equally / amongst my said nieces Elizabeth Lynn Ann Lynn and Margaret Lynn their respective Executors Administrators and Assigns And I / give to the said Elizabeth Nicholson and Ingram Lynn their Heirs and / Assigns all such real 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 constitute and Appoint my said Daughter Elizabeth / Nicholson and my Brother Ingram Lynn Executors of this my last Will / and Testament and I hereby revoke all former Wills And I declare and / direct that if either of them the said Elizabeth Nicholson and Ingram Lynn / shall die or be desirous to be discharged of and from or refuse or decline to act / in the Trusts hereby in them respectively reposed as aforesaid before the said / Trusts shall be fully performed or discharged than and in such case and / when and as often as the same shall happen it shall and may be lawful / to and for the continuing or surviving Trustees or Trustee or the Executors or / Administrators of the surviving Trustee by any writing or writings

[Sheet three:]
under his or their Hands and Seals respectively to / nominate substitute and appoint any other person or persons to be a / Trustee or Trustees for the purposes aforesaid in the place of the person or / persons so dying or desiring to be discharged or refusing or declining to act / as aforesaid and that when and as often as any new Trustee or Trustees shall / be nominated and appointed as aforesaid all the said trust monies / securities and funds shall be thereupon with all convenient speed / assigned and transferred in such manner as that the same shall be / effectually vested in the surviving or continuing Trustee and such new / Trustee jointly or if ther shall be no continuing Trustee then in such / new Trustees wholly upon the same trusts and to and for the same intents / and purposes and with under and subject to the same powers / provisoes and declarations as and hereinafter mentioned expressed and / declared of and concerning the same trust monies and premises / respectively or upon and under and subject to such of the same trusts / powers provisoes and declarations as for the time being shall be existing / or capable of taking effect And I declare and direct that it shall and / may be lawful to and for the said Elizabeth Nicholson and Ingram \ Lynn and the Trustees or Trustee to be named and appointed as hereinbefore / mentioned their respective Executors Administrators or Assigns by and / out of all or any of the money which by virtue of this my Will shall come to / their or any of their hands to deduct retain and reimburse themselves / herself and himself and pay to his her and their Co-Executor and Trustee / or Trustees as such Costs Charges and Expences as they shall or may sustain / expend or be put in or out the execution of this my Will or any of the / trusts herein contained. And also that they and their respective Executors and / Administrators shall be charged and chargeable only every of them for / and with his her and their own respective receipts payments acts and wilful / defaults and not otherwise and shall not be charged or chargeable with or for / any sum or sums of Money other than such as shall actually and / respectively come to his hers or theirs hands by virtue of this my Will nor / with or for any loss or damage which may happen in or about the execution / thereof or any of the trusts hereby declared without his her or their respective / wilful default. In Witness whereof I the said Elizabeth Raws have to this / my last Will and Testament contained in this and the two preceeding / sheets of paper set my Hand and Seal to wit my Hand at the bottom of each

[Sheet four:]
of the same preceeding sheets my Hand and Seal to this last sheet and my / Seal at the top on the first of the said sheets where all the same sheets and fixed / together this fifteenth day of September in the year of our Lord One thousand / eight hundred and forty nine. Elizabeth Raws [signed] The writing / contained in this and the two preceeding sheets of paper was by the said / Testatrix Elizabeth Raws Signed Sealed published and declared as and / for her last Will and Testament in the presence of us who in her presence / at her request and in the presence of each other have hereunto subscribed / our names as Witnesses thereto - Henry Eggleston Solicitor, Sunderland / Edward Fulton his Clerk. Wm Eggleston Junr. Grocer, Monk Wearmouth Shore.

On the 19th day of October 1861 Letters of Administration / with the Will annexed of all and singular the personal estate / and effects of Elizabeth Raws late of Sherburn in the County / of Durham, widow, deceased, left unadministered by Ingram / Lynn, deceased, whilst living, the surviving Executor and / Residuary Legatee In Trust were granted to Margaret Graham, / of Monkwearmouth, in the said County of Durham, widow (heretofore / Margaret Lynn, Spinster) the Niece and one of the surviving / Residuary Legatees substituted in the the said Will, she having been / first Sworn duly to administer. - Elizabeth Nicholson (wife of / Thomas Nicholson) the other Executor, Residuary Legatee In Trust / and also Residuary Legatee for life, Proved the said Will, but died / 19th September 1853 intestate, and John Thomas / Coulson the grandson, the Residuary Legatee substituted on the / death of the said Elizabeth Nicholson (in case he should have / attained the age of 25 years) died in month of June 1858, without / having attained that age. Effects under £450.

Probate Extracted by / W. Brignal, Solr. South Shields.
Examined and I hereby Certify the same to be a correct / Copy.

[margin note] Former Grant / 31st August 1830. / Effects under £100.

Transcribed from the original by Bryant Bayliffe, 2002