Will of Charles Rutherford Henzell, Newcastle-upon-Tyne, 1847

This is the last Will and Testament of me Charles Rutherford Henzell of Newcastle upon Tyne Surgeon And I appoint my friend George Reed of Sunderland near the Sea in the County of Durham Stationer and Shipowner and Thomas Chater of Newcastle aforesaid Gentleman Executors thereof And I direct all my debts and funeral expences to be paid in preference to any devise or bequest in this my Will I devise and bequeath to the said George Reed and Thomas Chater their heirs executors administrators and assigns according to the different natures thereof all my Real and Personal Estate Debts and Effects whatsoever and wheresoever which In shall have power to dispose of by this my Will in any manner whatsoever Upon the trusts following that is to say Upon Trust as to my copyhold property at Whitley in the said County of Northumberland and that they my said trustees or the survivor of them his heirs sequels in right or assigns shall stand seized and possessed thereof for the use and benefit of my eldest son George Harle Henzell his heirs sequels in right or assigns charged and chargeable with and he or they paying the sum of one thousand two hundred pounds secured thereon by way of mortgage to Mr Edward Young  And as to then sum of eight hundred pounds secured to me by the Promissory Note of Messrs Shadforth and Todd upon Trust that they my said trustees or the survivor of them his executors or administrators shall stand possessed thereof for the use and benefit of my said eldest son George Harle Henzell his executors or administrators  And as to my freehold cottage in Brandling Place Upon Trust that they my said trustees or the survivor of them his heirs and assigns shall stand possessed thereof for the use and benefit of my said second son Charles Henry Henzell his heirs executors administrators and assigns And as to the sum of one thousand pounds part of the sum of two thousand pounds secured by way of mortgage upon property in Gateshead to the Trustees under the Will of my late Wife’s father and to the interest whereof the Mother of my said late Wife is entitled during her life Upon Trust that they my said trustees or the survivor of them his executors and administrators shall stand possessed thereof for the use and benefit of my youngest son Frederick Thomas Henzell his executors and administrators And as to the residue and remainder of my said Estate and Effects Upon Trust that they my said trustees or the survivor of them his heirs executors or administrators shall stand possessed thereof for my said three Sons and their respective heirs executors  administrators and assigns equally as tenants in common And I direct my said trustees or the survivor of them his heirs executors administrators or assigns to convey surrender or assign over or pay to my said Sons on their respectively attaining the age of twenty one years the parts or shares of my property to which they shall respectively become entitled under this my Will And I hereby empower my said trustees or the survivor of them his heirs executors administrators or assigns to apply the whole or a competent part of the interest dividends rents and annual produce of the said respective parts or shares during the minority of each of my said Sons for and towards their respective maintenance and education And it shall be lawful for my said trustees or the survivor of them his heirs executors administrators or assigns at their or his own discretion to raise and apply all or any part of the expectant share of any of my said Sons during his minority for or towards his preferment advancement or benefit And in case any one or more of my said Sons shall die under the age of twenty one years and without leaving lawful issue him or them surviving then I direct that the part or share or parts or shares of my said Son or Sons so dying to be held upon Trust for the benefit of the survivors or survivor of them and their or his  heirs  executors or administrators And I appoint my said Trustees  and the survivor of them his executors and administrators The Guardians and Guardians of the persons and Estates of my said Sons during their respective minorities And I declare that the receipts of my said Trustees and the survivor of them his executors and administrators in the execution of the trusts hereby in them reposed for any money payable to them or him respectively shall effectually discharge the person or persons paying the same from being obliged to see to the application thereof or from being answerable or accountable for the misapplication or nonapplication thereof provided also I do hereby further declare that my said trustees and the survivor of them his heirs executors  administrators and assigns and each and every of them shall be charged and chargeable respectively for such monies only as they shall respectively receive by virtue of the trusts hereby in them reposed notwithstanding their giving or joining in giving any receipt for the sake of conformity and any one or more of them shall not be answerable for the other or others of them or for any Bankers or other persons with whom any of the trust monies may be deposited for safe custody or otherwise in the execution of the aforesaid trusts nor for the deficiency or sufficiency of any securities in which any of the trust monies may from time to time be invested as aforesaid nor for any other losses or misfortunes unless the same shall happen through his or their wilful neglect or default And also that it shall be lawful for them out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively And also to allow their respective cotrustees costs charges and expences which they or any of them may pay or sustain in or about the execution of the aforesaid trusts or in relation thereto In witness whereof I have to each sheet of this my last Will and Testament contained in three sheets of paper set my hand this twenty second day of October one thousand eight hundred and forty seven C. R.Henzell

(Attestation Clause)
John Day _ W Curry _ Hen. Chater

Proved at York 7 September 1848
Proved at London 29 March 1849

PCC Prob11/2089