Will of Jeremiah Newton

This is the last Will and Testament of me Jeremiah NEWTON late of Tottenham Court Road in the County of Middlesex but now of Boldron in the North Riding of the County of York Cheesemonger made the ninth day of March One thousand eight hundred and sixty

I give and devise all my messuages lands tenements and hereditaments Stints Cattlegates Royalties Manors and real estate situate in the Township of Boldron in the Parish of Startforth in the Lordship of Bowes or elsewhere in the County of York unto my sister Ann BENSON my sister Martha COATES wife of Henry COATES and to my brother John NEWTON in the shares and proportions and in the manner following (that is to say)

As to one undivided third part thereof to the use of my said brother John NEWTON and his assigns for and during the term of his natural life And from and after his decease then as to one undivided moiety of the said one third part to the use of my said sister Martha COATES her heirs and assigns And as to the other undivided moiety of the said one third part in case my said sister Ann BENSON shall be living at the decease of my said brother John NEWTON then and in that case to the use of my said sister Ann BENSON and her assigns during the term of her natural life And on the determination of the preceding life estates and subject thereto then To the use of my niece Margaret RICHARDSON wife of Rowland Stephen RICHARDSON and Ann COATES widow of Christopher COATES in equal shares as tenants in common and not as joint tenants and to their respective heirs and assigns and to take vested interests therein on my decease

And as to one other undivided one third part of my said real estate to the use of my said sister Ann BENSON and her heir during her life And from and after her decease To the use of my said nieces Margaret RICHARDSON and Ann COATES in equal shares as tenants in common and not as joint tenants and to their respective heirs and assigns and to take vested interests therein on my decease
And as to the remaining one third part of my said real estate to the use of my said sister Martha COATES her heirs appointees and assigns And I direct and declare that the that the shares so devised to my said sister Martha COATES shall be for her sole and separate use and benefit and shall not be subject to the debts control or engagements of her husband And I also declare and direct that my said sister Martha COATES shall notwithstanding her coverture have full power by any deed or will duly executed to appoint or devise such shares or any part thereof to any person or persons and for any estate or estates and in such manner as if she were sole and unmarried

I give and devise all my estate term and interest whether in possession or reversion and whether leasehold or otherwise of in and to my dwellinghouse shop and premises in Tottenham Court Road aforesaid unto and to the use of my nephew John COATES the son of my said sister Martha COATES his heirs executors administrators and assigns respectively for his own use and benefit

I give to the widow and daughter of my late brother Jonathan NEWTON the debt which they or either of them owe to me

And subject thereto I give and bequeath all my personal estate unto and my said brother John NEWTON and to my nephew in law Rowland Stephen RICHARDSON of Boldron aforesaid Surgeon Upon the trusts following (that is to say)

Upon trust to sell or offer to sell to my said nephew John COATES All my household furniture plate linen and china in my dwellinghouse and premises in Tottenham Court Road aforesaid at the price or for the sum of five hundred pounds and also to sell or offer to sell to my said nephew John COATES all my stock in trade then that he shall pay for the same in the following manner (that is to say) that he shall make or give to my Executors his bond conditioned for the payment of the amount of the purchase money by three equal instalments at the end of five ten and fifteen years from the day of my death with interest thereon in the meantime at the rate of four pounds per centum per annum with a condition that if default be made in payment of any of the instalments on the interest thereof by yearly payments then that the whole of the said purchase money or so much thereof as shall be unpaid at the time of such default shall become due and payable immediately And if any loss should arise to my trust estate by such sale and taking such Bond as aforesaid or in relation thereto I exonerate my Executors from all such loss or liability thereon any rule of law or equity to the contrary notwithstanding

And upon further trust that they the said Rowland Stephen RICHARDSON and John NEWTON do subject to the provisions and directions aforesaid sell call in and convert my present estate and effects into money and thereon pay and discharge all my just debts funeral and testamentary expenses including the sum of four hundred pounds bequeathed to my sister Ann BENSON and her children by the will of my late Father John NEWTON and for which I am now accountable as the Executor of my Father And I direct that my personal estate shall be the primary fund from and out of which the said sum of four hundred pounds shall be raised And that if my personal estate shall be sufficient for that purpose then I exonerate my real estate from the payment thereof

I give to the said Rowland Stephen RICHARDSON the legacy of nineteen guineas for his trouble But I direct that he shall account for and pay to my estate the debt which he owes to me

And after making the several payments and deductions aforesaid and subject to the provisions hereinbefore contained I give the full residue of my personal estate and effects unto my said brother John NEWTON my said nieces Margaret RICHARDSON and Ann COATES and my said nephew John COATES in equal shares and proportions

I devise unto the said Rowland Stephen RICHARDSON and John NEWTON their heirs and assigns all such real estate as are vested in me by way of mortgage in trust upon the trusts and equities affecting the same

I appoint the said Rowland Stephen RICHARDSON and John NEWTON Executors of this my will I hereby revoke all former Wills and Codicils In witness whereof I have to this my last Will and Testament signed my name at the foot or end thereof the day and year first before written

Jeremiah NEWTON

Signed by the said Testator Jeremiah Newton as and for his last will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses

Thompson RICHARDSON Sol[icito]r Barnard Castle
George PLEWS Boldron

In Her Majesty's Court of Probate York District Registry
On the twelfth day of May 1860 the will of Jeremiah NEWTON formerly of Tottenham Court Road in the County of Middlesex but late of Boldron in the North Riding of the County of York Cheesemonger deceased was proved by the oaths of Rowland Stephen RICHARDSON and John NEWTON the brother of the deceased the Executors therein named they having been first sworn duly to administer

Effects under £3,000