This is the last Will and Testament of me Sarah Byers of Great Salkeld in the County of Cumberland Widow
I give and devise unto my son in law The Reverend Joseph Thompson of Lanchester in the County of Durham Clerk and John Falder of Great Salkeld aforesaid Yeoman (whom I appoint Trustees of and to this my Will) their heirs and assigns
All my messuages lands tenements hereditaments and real estate whatsoever situate lying and being at Great Salkeld aforesaid or elsewhere of whatsoever tenure or quality or nature the same or any part thereof may be To hold the same unto and to the use of the said Joseph Thompson and John Falder their heirs and assigns according to the respective tenures thereof
But upon Trust nevertheless that they the said Joseph Thompson and John Falder or their heirs do and shall as soon as conveniently may be after my decease either by Public Auction or Private Contract in such manner as they the said Joseph Thompson and John Falder or their heirs shall think proper absolutely sell and dispose of all the said hereditaments and premises and every part thereof and all my real estate whatsoever for the best price or prices that can be reasonably obtained for the same and to make or join in making a good and sufficient title thereof to the person or persons who shall or may be the purchasor or purchasors thereof or any part thereof and to do or procure to be done all and every such act deed matter or thing as shall be necessary for the absolute granting releasing surrendering conveying and assuring the said hereditaments and premises as well Freehold as Copyhold in such manner and form as is required by law or custom unto and to the use of the person or persons and his or their heirs or assigns who shall buy or contract to purchase the same of any part thereof and thereupon to receive from such purchasor or purchasors the Consideration money to be paid for the purchase thereof
And I hereby order and direct that the receipt or receipts in writing of the said Joseph Thompson and John Falder or the survivor of them or the heirs of such survivor shall be and the same is and are hereby ordered and declared to be a good and sufficient discharge or discharges release and releases for the purchase monies to be paid by the person or persons who shall or may purchase the said hereditaments and premises or any part thereof by virtue of or under the Trusts aforesaid and that all and every such person or persons who shall or may purchase the same shall not be under any necessity or obligation at law or in equity to see to the application of such purchase monies or any part thereof or be accountable for the misapplication or nonapplication thereof or any part thereof
Also I give and bequeath unto the said Joseph Thompson and John Falder their Executors and Administrators all my money stock in Public Funds goods chattels and personal estate of what nature or kind soever or wheresoever
And I hereby order and direct that my said Trustees shall stand possessed of and interested in all the monies to be produced by my personal estate Upon Trust to pay and divide the same (after payment of my debts funeral and testamentary expenses) unto and equally amongst all my children now living share and share alike but subject nevertheless to certain deductions to be made from the shares of certain of my children hereinafter named and specified (that is to say) and my Will is that the sum of two hundred and twenty pounds shall be deducted from the share of my daughter Jane the wife of John James Surgeon and the sum of one hundred pounds from the share of my daughter Hannah the widow of Thomas Little deceased and the sum of two hundred pounds from the share of my daughter Dorothy the wife of Robert Lightfoot and the sum of forty pounds from the share of my daughter Rebecca the wife of John Rebanks To the end and intent that the advances of money which I have already made to my four last named daughters may be deducted from the shares of my Estate and Effects which each of them my four last named daughters would otherwise have been entitled to under this my Will and with a view of making all the shares of my children under this my Will equally by means of deducting such sums already advanced to certain of them as aforesaid
And I order and direct that my said Trustees shall stand possessed of and interested in the respective shares to which my Daughters Ann the Wife of Joseph Waring and Elizabeth the Wife of William Towers will respectively be entitled or interested in under this my Will Upon Trust as to the principal share of the said Ann Waring to pay the yearly interest thereof unto her during her life and after her decease to pay and divide the last mentioned principal share unto and equally amongst the children of her the said Ann Waring and Upon Trust as to the principal share of the said Elizabeth Towers to pay the yearly interest thereof unto her during her life and after her decease to pay and divide the last mentioned share unto and equally amongst the children of her the said Elizabeth Towers
And I direct that the respective receipts of the said Ann Waring and Elizabeth Towers respectively shall be good discharges to my said Trustees for the payment of the said yearly interest unto them respectively notwithstanding the Coverture of them or either of them and that the same interest monies shall not be subject to the debts or control of their respective husbands or either of them
And that they the said Joseph Thompson and John Falder or the survivor of them or the heirs executors or administrators of such survivor shall not be answerable one for another or for the acts receipts defaults of another or for any loss which may happen to my said estate or Effects either by placing out the same at interest or otherwise so as the same happen without their or his collusion or wilful default
And also that they my said Trustees or the survivor of them or the heirs executors or administrators of such survivor shall and may out of the said trust monies and premises deduct and retain unto himself and themselves all such costs damages and expenses as they or either of them shall sustain or be put unto in and about the execution of the Trusts hereby in them reposed
And I hereby nominate constitute and appoint the said Joseph Thompson and John Falder joint Executors of this my last Will and Testament hereby revoking all former Wills and Dispositions by me at any time heretofore made
In witness whereof I the said Sarah Byers the said Testatrix to this my last Will and Testament contained in three sheets of paper affixed together have to the first two sheets thereof set my hand and to this third and last sheet there of my hand and seal this eleventh day of June in the Year of our Lord one thousand eight hundred and twenty two Sarah Byers (SS)
Signed sealed published and declared by the said Testatrix Sarah Byers as and for her last Will and Testament in the presence of us who in her presence and in the presence of each other at her request have subscribed our names as Witnesses thereto Tho: Hutton Wm. Hogarth William Wilson.
This is a Codicil to be taken as part of the last Will and Testament of me the above named Sarah Byers of Great Salkeld in the County of Cumberland widow
Whereas my daughter Margaret late the Wife of John Thompson of Rochdale in the County of Lancaster had departed this life since the date of my above written Will Now my Will is and I hereby order and direct that the children of my said daughter Margaret Thompson shall stand in the place of and receive the share of and in my estate and effects to which she my said daughter would have been entitled under my said Will in the event of her having survived me such share to be equally divided amongst the children of my said late daughter Margaret Thompson share and share alike
And Whereas I have directed by my said Will that the sum of forty pounds shall be deducted from the share of my Estate and Effects given by my said Will to my daughter Rebecca the Wife of John Rebanks Now I do hereby revoke the said direction so far as regards a deduction of forty pounds to be made from the share of my last named daughter and declare my will to be that the said Rebecca Rebanks shall receive a full share of my Estate and Effects according to the disposition thereof made by my said Will without any deduction of the said sum of forty pounds being made from her share thereof
And I do hereby further direct that if any of the several legatees in my said Will shall happen to die in my lifetime that in such case the share or share of him her or them so dying shall not lapse but shall go and be paid to the Children of such Legatee or Legatees so dying And I do hereby confirm my said Will in all other respects whatsoever
In Witness whereof I have hereunto set my hand and seal this twenty ninth day of August in the Year of our Lord one thousand eight hundred and twenty six Sarah Byers (SS)
Signed sealed published and declared by the said Sarah Byers as and for a Codicil to her last Will and Testament and to be taken as part thereof in the presence of us who in her presence and in the presence of each other have at her request subscribed our names as Witnesses thereto Tho: Hutton Thos. Robinson Sarah Hutton.
Proved at London with a Codicil 17th March 1834 before the Judge by the oath of the Reverend Joseph Thompson Clerk the surviving Executor to whom Admon was granted being first sworn by Com{missi}on only to administer.
Joseph can be found in the Clergy of the Church of England Database. See here.
Joseph Thompson is at Lanchester, Durham in the 1841 Census
Reference: Class: HO107; Piece: 301; Book: 17; Civil Parish: Lanchester;
County: Durham; Enumeration District: 16b; Folio: 16; Page: 17; Line: 4;
This web page seems to claim that Joseph & his wife are both native of Cumberland. It also mentions a descendant Moorhouse Palliser.
You can find details of his grave here. No 404 is Joseph's grave
Joseph dies in 1842
1842
Thompson, Joseph
Age: 73 - Born about 1769
GRO J1842 - Durham and Lanchester 24 48
You can find Joseph's will at Ancestry All England & Wales, Prerogative Court of Canterbury Wills, 1384-1858. At first sight it doesn't look very interesting.
His death is reported in the Gentleman's magazine, but it says little - see here.
There is a brief biography on page 10 of this document which says he was born at Greystoke in Cumbria.
Source: National Archives; Prerogative Court of Canterbury and Related
Probate Jurisdictions: Will Registers; Class: PROB 11; Piece: 1828
Source: Ancestry.com. England & Wales, Prerogative Court of Canterbury
Wills, 1384-1858