This is the last will and testament of me Walker Featherstonhaugh of Roker House, near Sunderland, in the county of Durham, esquire.

1. I appoint my eldest son the Reverend Walker Featherstonhaugh and my second son Albany William Featherstonhaugh and Christopher Mating Webster of Pallion Hall, near Sunderland, in the county of Durham, esquire, executors and trustees of this my will
   
   
2. I bequeath to my daughter Bertha Featherstonhaugh, if she shall be unmarried at my decease, the sum of one hundred pounds, and to my daughter Gertrude Featherstonhaugh, if she shall be unmarried at my decease, the like sum of one hundred pounds, And I direct that each of the said two legacies shall be paid free of legacy duty within one calender month after my decease.
   
   
3. And I bequeath to my said two daughters, or if only one of them shall be unmarried at my decease then to such one, All consumable stores [except wines, spirits, and other liquors] which shall be in or about the house which I shall reside at my decease, and I bequeath all my wines spirits and other liquors unto my three Sons the said Walker Featherstonhaugh, Albany William Featherstonhaugh, and Edward Featherstonhaugh or such of them as shall be living at my decease absolutely equally to be divided between them, if more than. one
   
   
4. I bequeath my Scotts Bible to my said son Walker I also bequeath to my said son Walker for his own use absolutely one equal third part of any plate bought on my marriage and marked with the letters WI.F.
   
   
5. And with respect to my household furniture and the remaining two equal third parts of my said plate bought on my marriage, and all my other plate and plated articles, linen, china, books, (except Scotts Bible] pictures, prints, jewels, [except my diamond ring which I bequeath to my said son Albany William, and my watch and chain which I bequeath to my son ,Edward objects of vertu and other articles of household use or ornament I direct that my two unmarried daughters Bertha and Gertrude Featherstonhaugh jointly whilst both of them shall be living and continuing spinsters, or in the case of the death or marriage of one of them then the other of them alone if and whilst she shall continue a spinster shall have the use and enjoyment thereof. And subject to such joint or sole use and enjoyment by my said unmarried daughters or one of them [as the case maybe] during spinsterhood I give and bequeath the same articles in the manner following [that is to say] As to the said two equal remaining parts of my said plate bought on my marriage and marked with the letters W.I.F. to my said son Walker Featherstonhaugh absolutely in addition to the first mentioned one equal third part of the same plate. And as to my other plate (except my silver salvers and two cocoa nut cups set in silver which I bequeath to my said sons Albany William and Edward to be divided between them as they think best and in the fairest manner, and my plates, articles, jewels, and objects of vertu or ornament (but not including pictures or prints, to all my four daughters, Frances Lady Hawke, the wife of the Right Honorable Edward Lord Hawke, Sarah Charlesworth, the wife of John Charlesworth Dodgson Charlesworth of Chapel Thorpe Hall in the county of York esquire, and the said Bertha Featherstonhaugh and Gertrude Featherstonhaugh, or such of them as shall be living at my decease, absolutely equally to be divided between them, if more than one.
   
   
6. And as to my household furniture [other than the articles hereinbefore specifically bequeathed] linen, china, pictures, and prints, to all my said three sons and four daughters, or such of them as shall be living at my decease, absolutely, equally, to be divided between them if more than one.
   
   
7. And I direct that neither of my said unmarried daughters shall be answerable for ordinary wear and tear, or for accidental or involuntary loss, in respect of any of the articles of which they are to have the use and enjoyment during spinsterhood, as aforesaid.
   
   
8. And I further direct that what is taken by each of my said four daughters under any of the bequests hereinbefore contained shall be for her sole and separate use independently of any husband and free from his debts and control.
   
   
9. And I further direct that in the case of any dispute between my children or any of them as to the selection by my said son Walker of the one third part firstly hereinbefore bequeathed to him of my said plate bought on my marriage or as to the division of any of the articles hereinbefore bequeathed to my said children, or any of them, or otherwise in relation to any of the bequests or provisions hereinbefore contained, the matter shall be settled by the trustee or trustees for the time being of this my will other than my said two sons Walker and Albany William and such other trustee or trustees shall make a selection or division or otherwise determine the matter in dispute accordingly.
   
   
10. And whereas I am a holder of Eight hundred shares of twenty five pounds each, in a joint Stock Company (duly registered] called "The Lee Moor Porcelain Clay Company" [hereinafter referred to as the said Clay Company] carrying on Business at Plympton St Mary Bridge, in the parish of Plympton St Mary, in the county of Devon and elsewhere, and which shares are all paid up, Now I do hereby give and bequeath the said shares subject to the payment of all calls which may be made in respect thereof after my decease, and to all other liabilities therein existing at my decease, in manner following (that is to say] One hundred and sixty shares to my said son Walker, One hundred and twenty shares to each of my said daughters Frances Lady Hawke, Sarah Charlesworth, Bertha Featherstonhaugh, and Gertrude Featherstonhaugh, for her sole and separate use as aforesaid, Eighty shares to my said son Albany William Featherstonhaugh, and the remaining shares to my said son Edward Featherstonhaugh, which said shares respectively to each of my said children shall be calculated as inclusive of such as I may have transferred to them or any of them during my lifetime. And in case any one or more of my said seven children shall within six calendar months after my decease, by writing under his or her or their hand, or respective hands, disclaim the shares hereinbefore bequeathed to him her or them respectively in the said company, Then I give and bequeath the shares so disclaimed unto such others, or other of my said children as shall be willing to accept such disclaimed shares, equally to be divided between them if more than one, and as to such additional shares of each of my said daughters for her sole and separate use as aforesaid. And in case all or any of my said shares in the said Clay Company shall be disclaimed as aforesaid or shall lapse, I empower my executor to sell and dispose of the same shares or each of them as shall be so disclaimed by any of my said children, and not be accepted by any others or other of them, or as shall lapse either by public auction or private contract, or to surrender or relinquish the same to the said Clay Company for such consideration and upon such terms as my executors think fit, or without any consideration or in consideration of any payment or payments by my executors, which in that case shall be made out of my residuary estate, and generally to deal with the said shares in such manner as my said executors may deem proper or expedient, with the object of relieving my estate either wholly or partially from any claim or liability in respect of the same shares or any of them.
    
    
11. And I give and devise and bequeath all my freehold, copyhold, or leasehold messuages, buildings, lands, tenements, and heriditaments, whatsoever and wheresoever [except such as are or may be vested in me as trustee or mortgagee] and all my monies [including monies payable upon or by virtue of any life policy or policies] securities for money capital and effects, or share of capital and effects in the business, carried on by me at Deptford, near Sunderland, in the county of Durham and elsewhere, in partnership with my two sons, the said Albany William Featherstonhaugh and Edward Featherstonhaugh, under the name of firm of "The Wear Glass Bottle Company", and all other personal estate and effects whatsoever, not hereinafter specifically bequeathed, unto and to the use of my said two Sons, Walker Featherstonhaugh and Albany William Featherstonhaugh, and the said Christopher Mating Webster their heirs, executors, administrators, and assigns, respectively, according to the respective natures and tenures of the premises, Upon trust that they, the said Walker Featherstonhaugh, Albany William Featherstonhaugh, and Christopher Maling Webster, or the survivors or survivor of them, or the executors or administrators of such survivor or their or his assigns, do and shall with all convenient expect after my decease, sell and dispose of my said real and leasehold estates, either by public auction or private contract or partly in one mode and partly in the other, and subject to any special or other conditions or stipulations whatsoever which my said trustees or trustee shall think proper, with power to buy in the premises at any such auction and afterwards resell the same in manner aforesaid without being responsible for any loss to arise thereby, And also sell, dispose of, convert, receive, and get in, all my said residuary personal estate, and do and shall with and out of the monies to arise from such sales, disposition, and conversion, and to be received and got in, as aforesaid, in the first place pay and discharge all the incidental costs and expenses, and in the next place pay or satisfy all my just debts and funeral and testamentary expenses, and the pecuniary legacies hereinbefore bequeathed.
    
    
12. And I do hereby declare that in the meantime, until such sale, disposition, and conversion of my said real leasehold and residuary personal estates as aforesaid, the rents, profits, and annual income thereof from my decease, shall be paid and applied in the same manner as the annual income of the clear monies to arise from such sales, dispositions, and conversion, as aforesaid, would be payable or applicable in case such sales, dispositions, and conversions, had actually taken place, or as near thereto as may be.
    
    
13. And I direct that my said trustees or trustee shall stand possessed of the clear surplus of the monies to arise or be received as aforesaid, Upon the trusts following [that is to say] As to one equal seventh part or share thereof, Upon trust for my son the said Walker Featherstonhaugh absolutely.
    
    
14. Also as to one other equal seventh part or share thereof, Upon trust for my son the said Albany William Featherstonhaugh absolutely.
    
    
15. And as to one other equal seventh part or share thereof Upon trust for my son the said Edward Featherstonhaugh absolutely.
    
    
16. And as to the other or remaining four equal seventh parts or shares thereof, Upon trust that the trustees or trustee for the time being of this my will do and shall lay out or invest the same in their or his own names or name, in or upon the parliamentary stocks or funds of Great Britain, or at interest upon Government or real securities in England, Wales, or Ireland, or upon the security of the mortgages, Bonds, or debentures, of any Railway, Dock, Canal, or other Company or Companies in Great Britain, or in India, or in the purchase of the guaranteed stock or shares of any such Company or Companies, or upon stock of the Bank of England or Ireland or East India Stock, to be from time to time altered varied or transposed for or into other stocks, funds, shares, or securities of any description, hereinbefore mentioned, at the discretion of the said trustees or trustee.
    
    
17. And as to one equal fourth part or share of the said monies stocks funds shares or securities [which are all hereinafter referred to as the said trust fund] Upon trust, to pay the annual income of the same part or share, to my daughter the said Lady Frances Hawke during her life for her sole and separate use, independently of her said present, or any future husband, and free from his debts control and engagements, but so that she shall not have power to dispose of or deal with such annual income by way of anticipation. And that her receipts or the receipts of the person or persons whom she shall from time to time, after such income shall have actually become due, appoint by writing under her hand to receive the same, shall alone be sufficient discharge for such annual income, and from and after her decease, in case she shall leave her said present or future husband surviving her, Upon trust, to pay the annual income of the same share to such surviving husband or his assigns during his life.
    
    
18. And from and after the decease of my said daughter Frances Lady Hawke [subject to the trusts hereinbefore declared for her surviving husband if any] Upon trust, for all and every children or child, who being a son or sons shall live to attain the age of twenty one years, or being a daughter or daughters shall live to attain that age or be previously married, equally to be divided between such children, if more than one, as tenants in common, their respective executors, administrators, or assigns. And if but one, then for such one child, his or her executors, administrators, or assigns.
    
    
19. And as to one other equal fourth part or share of the said trust fund, and the annual income of such part or share, Upon such or the like trusts, for the benefit of my daughter, the said Sarah Charlesworth and her surviving husband [if any]and children or child, as are hereinbefore declared, of and concerning the said first mentioned fourth part or share of the said trust fund, and the income of such fourth part or share, for the benefit of my daughter the said Frances Lady Hawke and her surviving husband [if any] and her children or child.
    
    
20. And as to one other equal fourth part or share of the said trust fund, and the annual income of such part or share, Upon such or the like trusts, for the benefit of my daughter, the said Bertha Featherstonhaugh and her surviving husband [if any] and her children or child, as are hereinbefore declared of and concerning the firstly hereinbefore mentioned fourth part or share of the said trust fund, and the income of such fourth part or share, for the benefit of my said daughter Frances Lady Hawke and her surviving husband [if any] and her children or child.
    
    
21. And as to the other or remaining one equal fourth part or share of the said trust fund, and the annual income of such part or share, Upon such or the like trusts for the benefit of my daughter the said Gertrude Featherstonhaugh and her surviving husband [if any] and her children or child as are hereinbefore declared of and concerning the said firstly hereinbefore mentioned fourth part or share of the said trust fund, and the annual income of such fourth part or share for the benefit of my said daughter Frances Lady Hawke and her surviving husband [if any] and her children or child.
    
    
22. And in case any one or more of my said four daughters shall die without having a child who shall have attained or shall live to attain a vested interest in the fourth part or share of such a daughter in the said trust fund under the trusts hereinbefore declared then as to the share or shares as well original as accruing under this present clause of each daughter so dying in the said trust fund subject to such interest of her surviving husband [if any]as aforesaid Upon and for such trusts intents and purposes as they my said daughters so dying as aforesaid respectively by deed or will may appoint and in default thereof then Upon trust for my said three sons and the others or other of my said daughters in equal shares as tenants in common but as to the share of each such other daughters Upon such or the like trusts for herself and her surviving husband [if any] and children or child as are hereinbefore declared of and concerning her original share in the said trust fund And in case all my said four daughters shall die without having a child who shall have attained or shall live to attain a vested interest in the said trust fund under the trusts hereinbefore declared or without having exercised their power of appointment aforesaid Then as to the whole of such trust fund subject to the life interests hereinbefore mentioned in the respective shares Upon trust for my said three sons in equal shares as tenants in common absolutely And upon trust from and after the decease of each such [if any] of my said four daughters as shall die leaving a child or children who shall not have attained a vested interest or vested interests in her share of the said trust fund [subject to the said interest of her surviving husband] to pay or apply the annual income of the presumptive share, for the time being, of each such child or so much of such annual income as to the said trustees or trustee shall think proper, for or towards the maintenance or education of such child, until such his or her share shall become vested or he or she shall previously die, Provided always that if in any year or years the said trustees or trustee shall under the trust lastly hereinbefore contained, pay or apply for the maintenance and education of any such child or children, less than the whole amount of the annual income of his or her or their presumptive share or shares, for the time being, then and in such case and so often as the same shall happen, the surplus of such annual income shall be invested by such trustees or trustee in manner hereinbefore mentioned and accumulated, and go in augmentation of, and be held upon the same trusts, and with and subject to the same powers and provisions, as the share or respective shares, from which such surplus shall arise, yet so nevertheless that it shall be lawful for such trustees or trustee to apply the surplus income of any preceding year or years, for or towards and in increase of, the maintenance and education of such child in any succeeding year or years, provided also, and I do hereby further declare that it shall be lawful for my said trustees or trustee to apply any part or parts [not exceeding altogether one equal moiety] of the presumptive share, for the time being, of each or any son, of any of my said daughters, of and the said trust fund, in the lifetime of such daughters and her husband [if any shall be living], or the survivor of them, with their, his, or her, consent in writing, and after the decease of such survivor, at the discretion of my said trustees or trustee, in or for the placing or putting of such son in or any profession, business, or employment, or for his instruction therein, or in purchasing for him a Commission or promotion in the Army or otherwise, for his benefit or advancement in the world, Provided always, and I do hereby expressly declare that in case the said business now carried on by me in partnership with my two sons Albany William and Edward as aforesaid shall be continued by them or either of them after my decease, and they, or he, shall elect to retain, or have and use in the said business, or for the use or purposes thereof [which I hereby empower them or him to do] all or any part or parts of my real, leasehold, or residuaiy personal estate, and whether the same or any part thereof shall or shall not, at my decease be occupied or used for the purposes of the said business, or be employed or remain therein as capital of mine, or otherwise, then and in such case, I declare that such real leasehold or residuary personal estate, or part or parts thereof, so retained or required to be had and used as aforesaid, shall be valued as on the day of my decease by some competent person or persons to be nominated for the purpose in writing by the majority of my children [both Sons and daughters] who may be living for the time being or in case such majority of my children shall not make such nomination within six calender months after my decease then by some competent person or persons nominated for that purpose by the trustees or trustee for the time being of this my will, other than my said two sons Albany William and Edward and the valuer nominated in either of the ways aforesaid shall have free access at all times, for the purposes of such valuation to all account books and other books, papers, and documents, in or relating to the said business or the concerns thereof, and to all the premises in which the said business or any part thereof shall be carried on, or which may be occupied or used for the purpose thereof.
    
    
23. And my said two last named sons, or such one of them as shall continue the said business, shall be considered as the purchasers or purchaser of the real leasehold and residuary personal estates, or parts or part thereof, so valued and retained, or had and used by them as aforesaid, at the amount of such valuation, but which amount with such interest thereon as hereinafter mentioned.
    
    
24. I hereby charge upon all the property and effects included in such valuation and such sons or son (as the case may be] may retain the amount of such valuation or any part or parts of such amount in the said business for any period or periods which he or they may think proper, not exceeding the period of twelve years from the day of my decease, they or he paying interest at the rate of five pounds per centum per annum on the amount so retained, by equal half yearly payments, the first of such payments of interest to be made at the expiration of six calender months next after my decease. And I direct that the payment of such amount of the said valuation at the expiration of twelve years after my decease, or on the discontinuance or cessor of the said business by or in consequence of the deaths or death of such son or sons or otherwise [which shall first happen] with such interest thereon, in the meantime as aforesaid, shall be secured by the bond of my said last two sons, or of such a one of them as shall continue the said business [the bond of the two to be joint and several] in a sufficient penalty and to be made and given at the expense of such sons or son to the trustees or trustee for the time being of this my will [other than my said son Albany William in case he shall continue the said business either alone or jointly with his said brother Edward within one calender month after the said valuation shall have been made. But nevertheless my said sons or son giving the said bond shall have the option of paying off the principal monies to be thereby secured, or any part or parts thereof, at any time or from time to time, before the expiration of the said period of twelve years, on giving six calender months previous notice in writing to my said trustees or trustee, for the time being of each payment. And I further declare that in the event of default being made in payment of the interest on the amount of such valuation as aforesaid or on any part of such interest, for one calender month after any such half yearly days of payment of interest as aforesaid. Then, and in any such case, and notwithstanding the waiver of any previous default, it shall be lawful for my trustees or trustee for the time being, at their or his discretion, and it shall be imperative on them or him if requested so to do by writing under the hands of all or the majority of the parties beneficially interested for the time being in the said amount, to call in and compel payment of such amount, or any part thereof, at any time or times, on giving at least six calender months notice, in writing under the hands or hand of such trustees or trustee, to my said sons Albany William and Edward or either of them by delivering the same to them or him personally or leaving the same at their or his then most usual or last known places or place of abode, or business in England. And I do hereby declare that my said trustees or trustee shall stand possessed of the amount of the said valuation to be secured by such bond as aforesaid and the interest thereof, Upon the same trusts and with and subject to the same powers and provisions, as the clear monies to arise from my real leasehold and residual personal estate, and the income thereof would be held upon, with and subject to, for the time being, under the trusts hereinbefore declared, and contained or as near thereto as circumstances will permit. Provided always and I do hereby declare that the receipt or receipts of the trustees or trustee for the time being acting under, or in execution of, the trusts of this my will shall be a good and effectual release and discharge for all, and singular the monies which shall come to their or his hands under or by virtue of this my will or the trusts powers and authorities aforesaid, or for so much thereof as in such receipt or receipts shall be acknowledged to be received, and that the person or persons paying any such monies and taking such receipt or receipts for the same, as aforesaid, shall not afterwards be obliged to see to the application, or be in anywise answerable or accountable for the loss, misapplication, or nonapplication thereof, or any part thereof, Provided also, and I do hereby further declare, that in case the trustees in and by this my will nominated and appointed or any of them or any succeeding or other trustees or trustee of the said trust estate and premises, to be nominated as hereinafter mentioned, shall happen to die or be desirous of being discharged of and from, or refuse, neglect, or become incapable or unfit to act in the trusts or powers hereinbefore declared and contained, or shall go to reside beyond the seas before the same trusts and powers shall have been fully performed or satisfied, then and so often as the same shall happen, it shall be lawful for the surviving or continuing or other trustees or trustee of the said trust premises [and for this purpose any disclaiming or retiring trustee who shall consent to exercise this power may be deemed a continuing trustee] or the executors or administrators of the last surviving or continuing trustee by any deed or writing to be sealed and delivered by them or him, in the presence of, and attested by two or more witnesses, to nominate and appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying, desiring to be discharged, or refusing, neglecting, or becoming incapable or unfit to act, or going to reside beyond the seas as aforesaid. And that when, and so often as, any such new trustee or trustees shall be appointed as aforesaid, all the trusts estate and premises shall be thereupon conveyed, transferred, assigned, and assured respectively, in such manner as that the same may be legally and effectually vested in such new trustee or trustees, jointly with such of the former trustees as shall be living and continuing to act, or in case there shall be no surviving or continuing trustee, then in such new trustee or trustees only upon and for the trusts, intents, and purposes hereinbefore declared, of and concerning the same or such of them as be shall then subsisting undetermined or capable of taking effect, and that such new trustee or trustees shall and may be in all things act in the execution of the trusts and powers herein declared and contained [and as well before as after the trust premises shall be vested in him or them as aforesaid] as fully and effectually as if he or they had been originally hereby nominated and appointed, and as the trustee or trustees in or to whose place or stead he or they shall come or succeed, could or might have done under or by virtue of this my will.
    
    
25. And I hereby give and devise all messuages tenements and hereditaments and real estate, which at my decease shall be vested in me upon any trust or trusts or by way of mortgage unto and to the use of my said two sons Walker Featherstonhaugh and Albany William Featherstonhaugh and the said Christopher Maling Webster their heirs and assigns, subject to the equities affecting the same respectively, and to the intent that the monies secured by any such mortgage or mortgages shall form part of my personal estate.
    
    
26. And lastly I hereby revoke all former and other wills by me at any time heretofore made.

In witness whereof I have hereunto set my hand this sixteenth day of April one thousand eight hundred and sixty two.

W Featherstonhaugh

The signature at the foot or end of the foregoing writing having been made by the testator Walker Featherstonhaugh, of Roker House, near Sunderland, in the presence of us both together we immediately thereafter at his request without quitting his presence and in the presence of each other have attested and do subscribe the same as his will -the words "one equal seventh" "one other equal seventh" and "four equal seventh" having first been underlined on the fifth page hereof. Fra Mewburn, Fra Mewburn Jr Solicitor Darlington

On the 31st day of July 1863 The will of Walker Featherstonhaugh, late of Roker House, near Sunderland, in the county of Durham, Esquire, deceased, who died on the 26th day of March 1863 at Rocker House aforesaid, was proved by the oaths of The Reverend Walker Featherstonhaugh of Edmondbyers in the said county of Durham, Clerk, and Albany William Featherstonhaugh of Sunderland, Glass Bottle Manufacturer, the sons and two of the executors therein named, they having been first sworn duly to administer, Power being reserved of making the like Grant to Christopher Maling Webster the other executor therein named