Will of Rebecca James, Durham City, 1819 (proved 1822)

This is the last Will and Testament of me Rebecca James of Crosgate in or near the City of Durham Widow made the eleventh day of December in the year of our Lord one thousand eight hundred and nineteen. First I give and bequeath unto my Sister Elizabeth Wright of Sunderland near the Sea in the County of Durham for and during the term of her natural life the interest of the Sum of Three Hundred Pounds free from Taxes and clear of all other deductions whatsoever to be paid to her half yearly on the Thirteenth day of May and twenty third day of November the first half yearly payment thereof to begin and be made upon such of the said days as shall first happen next after my decease and my Will is and I do hereby direct that upon the decease of my said Sister the said Principal Sum of Three Hundred Pounds shall be paid to each of the Children of the said Elizabeth Wright as shall be living at her decease in equal shares and to be paid to them free and clear of all Legacy Duty and other deductions whatsoever I give unto my Nephew Christopher Wright the Sum of Two hundred pounds I give unto my Niece Hannah Callands the Sum of one hundred pounds and I give unto Joseph James the Sum of fifty pounds and I direct that the three last mentioned Legacies be paid at the end of three Calendar months next after my decease but without Interest for the same I give unto my late Servant George Robinson Miller the Sum of five pounds I also give to Thomas Harling William Harling John Harling and Robert Harling Children of my friend Thomas Lambton Harling of Stobhouse in the County of Durham ffarmer the Sum of ffive pounds a piece and I direct that the said last mentioned Legacies of five pounds be paid at the end of twelve Calendar months next after my decease but without interest and as to all the rest residue and remainder of my Personal Estate and Effects whatsoever subject nevertheless to and charged and chargeable with the payment of my Debts Legacies before bequeathed funeral expences the expences of proving this my Will and to be incurred in the execution of this my Will by my Executor I give and bequeath the same unto and to be equally divided amongst all and every the several and respective Children of my Sisters in Law and Brother in Law hereinafter mentioned except as hereinafter is excepted that is to say to the Child or respective Children of my Sister in Law Hannah Wooddie of Manfield in the County of York except William Burchison one of the Sons of the said Hannah Wooddie to the Child or respective Children of my late Sister in Law Mary Bland late of Aldborough in the County of York now deceased to the Child or respective Children of my Sister in Law Ann Richardson of London to the Child or respective Children of my Sister in Law Elizabeth Mack of Wind…. of the Chapelry of Heworth in the said County of Durham to the Child or respective Children of my Brother in Law Henry James of London aforesaid as shall be living at the time of my decease as tenents in common and to be paid to them respectively at the end of twelve Calendar months nest after my decease but without any interest provided always nevertheless and my intention is and I do hereby expressly will declare and direct that in case of the death of John Burchison one of the Children of my Sister in Law Hannah Wooddie in my lifetime such share of the residue of my Estate and Effects as he would have been have been entitled to if living shall be paid to and amongst such of his Children as shall be living at my decease and I do declare direct and appoint that my Executor hereinafter named shall have full power to call in and receive all such Sum and Sums of money as shall or may be due and owing to me at my decease by mortgage Bonds notes or other Securities whatsoever and also to cause the whole of my China Linen Beds and Bedding and all my household Goods and furniture to be sold and converted into money for the purposes of this my Will and I further declare and direct that in case any loss shall happen to my Estate by the failure of any person or persons or from any insufficient Security or Securities or from any other misfortune my Property shall not be sufficient to answer and discharge the several Sums by me hereinbefore given and bequeathed the several persons hereinbefore mentioned shall bear a proportionate part of such loss and that my Executor shall deduct such Proportion from each of the Sums by me bequeathed as shall be equal to such deficiency and as to all such Real Estates whereof or wherein I am seized or otherwise entitled thereto as a new Trustee Mortgagee or legal representative of a mortgagee or any freehold Copyhold or Leasehold Messuages Lands Tenements or Hereditaments whereof I am in any manner entitled unto I do hereby give and devise the same unto and to the use of the above named Thomas Lambton Harling his heirs Sequels in right adm’rs and assigns according to the nature and tenure thereof in order to enable him and them with greater ease and convenience to recover the money secured by such mortgages for the purposes of this my Will and that he may be enabled to reconvey resurrender or reassign the same or any part thereof to any Person or Persons entitled thereto and I constitute and appoint the said Thomas Lambton Harling his heirs Executors admors and assigns respectively shall not be answerable or accountable for more money than he or they shall actually receive and shall not be liable for any defective Security that shall be taken for any of the said monies nor with or for any loss which shall happen so as such loss shall happen without his wilful default nor for the act or failure of any Banker or receiver or any other person or persons employed under him nor for any involuntary losses and that he and they respectively shall and may retain and be allowed out of the residue of my Personal Estate all such loss costs charges and expences which he or they shall sustain expend or be put unto for or by reason of the performance of this my Will or the management or execution thereof respectively or any other thing in any wise relating thereunto and I do hereby revoke all my former Wills In Witness whereof I have hereunto set my hand and seal the day and year above written The Mark X of Rebecca James

(Attestation Clause)

William Craggs     Jane Binns     John Graham

Proved at London 2 August 1822

PCC Prob11/1660