Will of Edward Paxton Humble, Durham City, 1848

Extracted from the Registry of the Consistory Court of Durham

This is the last Will and Testament of me Edward Paxton Humble of Crossgate in or near the City of Durham Newspaper Proprietor and Printer I Appoint John Henry Forster of the said City of Durham Land Agent George Andrews of the same place Bookseller & the Reverend Henry Humble of the same place Clerk in Orders and the Reverend Henry Stokoe of the same place Clerk in Orders Executors of this my Will I give and bequeath unto the said John Henry Forster, George Andrews, Henry Humble, and Henry Stokoe their executors and administrators All those shares of and in the capital or Stock of the Great Northern Railway Company together with the dividends interest and advantages thereof or to accrue therefrom Upon Trust to transfer the same and every part thereof unto Jemima Ware now or late residing with her Aunt the Wife of Charles Attwood of Bishop Oak in the County of Durham Esquire for the absolute use and benefit of the said Jemima Ware her executors and administrators  I give and devise unto my Brother the said Henry Humble All that my freehold cottage situate at Broomside Lane in the County of Durham adjoining a cottage belonging to my said Brother To hold unto my said Brother Henry Humble his heirs and assigns for ever I give unto my Sister Frances Ann Humble the legacy of twenty five pounds ever I give unto my Sister Elizabeth Humble All such articles of household furniture as belong to me and which are now in my Mother’s house where I reside for the absolute use and benefit of my said Sister Elizabeth Humble I give and bequeath all my title property and interest in the Durham Advertiser Newspaper and the Printing Business connected therewith and all the gains and profits from time to time arising by the publication and sale thereof and matters therein And all the Goodwill of the said Newspaper and Printing Business and all the Rest Residue and Remainder of my Personal Estate except what I otherwise bequeath by this my Will unto unto the said John Henry Forster George Andrews Henry Humble and Henry Stokoe their executors and administrators  Upon Trust that they the said John Henry Forster George Andrews Henry Humble and Henry Stokoe  shall as soon as conveniently may be call in sell and convert into money of such part of my personal estate as shall not consist of money and the money of which I shall be possessed of at my death pay my funeral and testamentary expences and debts and also all calls due or to become due upon or in respect of the said shares of and in the Great Northern Railway Company until the full amount of the said shares respectively shall be paid up for the benefit and advantage of the said Jemima Ware and also the legacy bequeathed to my said Sister Frances Anne. And subject as aforesaid I declare that the said John Henry Forster George Andrews Henry Humble and Henry Stokoe and the survivors and the  survivor of them shall hold the whole of the said residue In Trust for my Mother Mrs Anne Humble Widow her executors and administrators for her and as their own absolute use and benefit Provided always and in order that my proprietorship of the Durham Advertiser Newspaper and Printing Business in which I may be engaged at the time of my decease and which I have directed the Executors of this my Will to sell and convert into money may be closed or disposed of to greater advantage. I do hereby declare that it shall be lawful for my Executors or Executor and so that my Mother shall consent thereto in writing to continue every or any such Trade or Business after the period when my Executors or Executor are or is directed to close or dispose of the same as aforesaid for such time or times and in such manner in all respects as they or he may think expedient so as such period of continuing the publication of the said Newspapers and carrying on the other branches of the said Trade shall not exceed the period of twelve months after my decease. Provided always and I hereby expressly declare that for the purpose and in the course of continuing under any of the provisions aforesaid every or any such Trade or Business as aforesaid it shall be lawful for my said Executors or Executor at any time or times of their or his proper authority and at their or his sole discretion to use and employ any capital which may be employed therein at my decease and in case of such consent of my said Mother as last aforesaid so obtained then in like manner to use and employ any money part of the residue of my personal estate over and above such capital provided always and I hereby declare that such gains and profits arising from the continuance of every or any Trade or Business under any of the provisions aforesaid as shall belong to my estate shall form part of the capital and principal of my general residuary estate provided always and I hereby expressly declare that for the purpose and in the course of continuing and winding up respectively of every or any trade or business as aforesaid and for other purposes relating to my estate it shall be lawful for my said Executors or Executor to employ and or such Editors Clerks Journeymen Servants Agents or Accountants and other persons at or for such salaries wages remuneration or compensation as they or my said Executors or Executor may deem proper I give and devise all real estate vested in me as trustee or mortgagee unto the said John Henry fforster and George Andrews their heirs and assigns subject to the equities affecting the same . And I declare that the Executors or Executor of this my Will acting under the provisions herein contained shall be chargeable only with such moneys as they or he respectively shall actually receive and shall not be answerable the one for the other of them nor for any Banker Broker Agent or any other person in whose hands any of the trust monies or premises shall be placed nor otherwise for involuntary losses And that the said Executors or Executor may reimburse themselves or himself out of the moneys which shall come to their or his hands under the provisions aforesaid all expences to be incurred in or about the execution of the aforesaid provisions I hereby revoke all former Wills In witness whereof I have hereunto set my hand this third day of May one thousand eight hundred and forty eight _ Edward Paxton Humble

(Attestation Clause)

J.L Watkin M.D. Durham         John Ward Solr New Elvet Durham
Proved at Durham 29 November 1848
Proved at London 1 March 1849

PCC Prob11/2089