Will of Joseph Charlton, spirit merchant of Hexham, 1834 (proved 1835)

This is the last Will and Testament of me Joseph Charlton of Hexham in the county of Northumberland, Spirit Merchant which is as follows, that is to say, I give devise and bequeath All my real and personal estate whatsoever and wheresoever and of what nature or kind soever the same may be (after the payment of my just Debts Funeral expences and the expences of proving this my Will) unto my dear brother Anthony Charlton of Morpeth in the said county of Northumberland Gentleman and William Carr of Hexham aforesaid gentleman and to the survivor of them and to the executors or administrators of such survivor Upon the Trusts following, that is to say, Upon Trust to receive the yearly and other dividends rents profits and Proceeds thereof and to pay the same over to my dear wife from time to time as they shall be received for and during the term of her natural life if she shall so long continue my widow but not otherwise or permit her to receive the same herself during that period and from and after her death or marriage Then Upon Trust to sell and dispose of all my said real and personal property and divide and pay the same Equally between and amongst all my children share and share alike if they have then attained the age of Twenty One Years but if it should happen that after the death or marriage of my said dear wife all or any of my children should not have attained the age of Twenty One years Then Upon Trust to sell and dispose of all my real and Personal Estate and apply the same towards the maintenance and Education of such of my children as shall not have attained that age and as my said children shall respectively attain the age of Twenty One Years then my Will is and I hereby direct that my Trustees or the survivor of them and to the executors or administrators of such survivor shall divide all my said Property equally between and amongst them (Provided that the death or marriage of my said dear wife shall then have happened but not otherwise) And I do hereby make ordain nominate constitute and appoint the said Anthony Charlton and William Carr and the survivor of them executors and executor of this my last Will and Testament And I hereby declare that my said executors and the survivor of them and to the executors or administrators of such survivor shall and may at all times in the first place re-imburse and indemnify themselves and himself respectively and deduct and retain to themselves and himself respectively out of the said Trust Estate and Premises all such costs charges damages and expences as they or either of them shall or may at any time expend lay out and be put unto for and by reason of all any or either of the Trusts hereby in them reposed and that neither of them shall be answerable for any loss which may happen to any of the said Trust Premises unless such loss happen through his or their wilful neglect or default nor for any loss which may happen by depositing any money in the hands keeping or custody of any Public or Common Banker nor the one for the other of them nor for more monies than shall actually come into each of their hands respectively And hereby revoking and making void all former or other wills by me at any time heretofore made I declare this to be my only true last Will and Testament In Witness whereof I the said Joseph Charlton the Testator have to this my Will set my Hand and seal the twenty second day of August in the year of our Lord one thousand eight hundred and thirty four

Joseph Charlton

(Attestation Clause)

Robert Urwin   George Bell     Jno Robinson

Proved 10 October 1835 PCY Testator Died 24 January 1835

transcribed by Ros Dunning