Will of Thomas Colman Rawes of Durham. Made 5th December 1922. Proved 30th May 1925 at Durham. (Colman Line)

[Page 1] This is the last Will and Testament of me Thomas Colman Rawes of 39 Old Elvet, City of Durham, Theatre Proprietor. I appoint Lloyds Bank Limited (hereinafter called the Bank) to be Executor and Trustee of this my Will and I declare that the bank may as such Executor and Trustee and in the exercise of all discretionary and other powers hereunder set by any officer or officers appointed by the Bank in that behalf and my employ Solicitors, Brokers or other Agents to transact all or any business required in relation to my estate (including the receipt and payment of money) and may without being liable to account for any profit thereby made as Bakers on current account or deposit account or advance all moneys necessary or convenient to be returned or advanced in connection with my estate and shall be entitled to be allowed and paid such charges expenses interest and commission as it charges customers in the ordinary course of its business and the Bank shall be entitled to remuneration for its services as Executor and Trustee in accordance with the scale of fees in force at the date of entering on the trust or such remuneration as may have been agreed upon in the writing between myself and the Bank previously thereto. And I declare that such moneys and remuneration payable to the Bank aforesaid shall be free from duties and from deductions for charges and expenses properly incurred in connection with the premises aforesaid and shall rank in priority to any legacy or annuity given by this my Will or any Codicil hereto. I desire that in any case in which a solicitor is employed under the power herinbefore contained Mr George Armitage, Carpenter of City of Durham shall unless there are reasons to the contrary be employed without prejudice to the right of the Bank to consult any other Solicitor at the expense of my estate in any case in which it may think fit to do so. I give devise and bequeath all my real and personal estate (including as well real as personal estate over which I may have general power of appointment or disposition by Will) unto and to the use of the Bank as such Trustee as [Page 2] aforesaid Upon the trusts following that is to say Upon trust that the Bank shall sell, call in and convert into money my said real and personal estate at such time or times and in such manner as it shall think fit and so that it shall have the fullest power and discretion to postpone the sale, calling in or conversion of the whole or any part thereof (including leaseholds or other property of a terminable or wasting nature) during such period as it shall think proper and to retain the same or any part thereof in its present form of investment without being responsible for loss with power to the Bank to manage repair insure demise for any term of years or tenancy and at any rent and to accept Surrenders of Leases and tenancies and deal and arrange with tenants of my real or leasehold hereditaments hereinbefore given in trust for sale until the same shall be sold with the same uncontrolled discretion as if the Bank were the absolute beneficial owner thereof and shall out of the moneys to arise from such sale, calling in and conversion pay my funeral and testamentary expenses and debts and shall to or permit my wife Hannah Rawes to receive the income of my said real and personal estate during her life or so long as she shall remain my widow. And I declare that all the net rents profits and income arising from my estate whether real or personal until the sale, calling in and conversion thereof in whatever condition or state of investment the same may be and whether consisting of investments of an authorised character or not (including leaseholds or other property of a terminable or wearing out nature) shall for all the purposes of this my Will and so between all persons interested hereunder as well during the first year after my death as afterwards be applied as if the same were income arising from the proceeds of such sale, calling in and conversion or of the investments of such proceeds no part thereof being liable to be retained as capital but that no reversion or other property not actually producing income shall be treated as producing income for the purposes of this my Will And after the death or second marriage of my said wife shall hold my said real [Page 3] and personal estate in Trust for all or any of my children or child living at my death and the children or child then living of any then deceased child of mine who whether children or grand children shall attain the age if 21 years if more than one as tenants in common in equal shares but so that the children of any deceased child of mine shall take equally between them as tenants in common only the share which their parents would have taken had she or he survived me and attained a vested interest And whereas by her Will dated 21st November 1884 and Proved at the District Probate Registry at Durham on the 13th February 1885 my mother Elizabeth Rawes gave devised and bequeathed unto me all her real estate for my life and directed that I should sell or let the same whithin 12 months after her decease and if sold the sum of £2,000 was to be invested in real estate for my life and at my decease was to be equally divided amongst my children share and share alike Now I declare that the share and interest given to my said children and the children of a deceased child as herinbefore mentioned shall be in full satisfaction of any share to which such child or children of a deceased child may be entitled under the Will of my said mother and if such child or children of a deceased child of mine shall make any claim to such share under my mother's Will he or she shall not be entitled to any share or interest under this my Will. I revoke all prior Wills. In witness whereof I have hereunto set my hand this fifth day of December one thousand nine hundred and twenty two ----- Thomas Colman Rawes ----- Signed by the said testator Thomas Colman Rawes as and for his last Will and Testament in the presence of us both present at the same time who in his presence and sight of each other have hereunto set our names as witnesses. G.A. Carpenter, Solicitor, Durham J. Reed, Clerk with Mr Carpenter On the 30th day of May 1924 Probate [Page 4] of this Will was granted at Durham to Ernest Frank Horley and Frederick William Rogers two of the Syndics duly appointed by Lloyds Bank Limited the Executors. Transcribed from the original by Bryant Bayliffe, 2007