The Will of John Chapman

Hartlepool, from Finden, William (1840), The Ports, Harbours, Watering-places and Picturesque Scenery of Great Britain Vol. 1

In looking for the identity of Sarah, the wife of William Hughes, Baker of Unicorn Yard, Stockton and Durham Street, Middlesbrough, I purchased the transcripts for two marriages from durhamrecordsonline.com. When you order records they ask if you want your email address shared with others who have purchased the same records. Having clicked "yes", I was able to make contact with Susan, who sent me details of records confirming the following sequence of events:

       Sarah Chapman, daughter of John Chapman, married William Davison in 1807.
       William, a Fisherman, was drowned in 1813.
       His widow, now Sarah Davison married William Hughes, the Baker in 1816.

Previously, I had seen this sequence of events, unsourced on ancestry.com. Since my goal is to document my lineage, this was welcome information, which, of course, had me interested in John Chapman. As Sarah's father he could have been born around 1765, and might conceivably have lived into the era of civil records. I was surprised, however, to find through a search of ancestry.com, a record for John Chapman as late as 1873 in England and Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1966.

   CHAPMAN John             31 January.  Administration (with the Will) of the effects
                                        of John Chapman late of Hartlepool in the County of Durham
     Effects under £600     Gentleman who died 8 March 1845 at Hartlepool was granted
                                        at the Principal Registry to William Hughes of Middles-
                                        borough in the County of York Innkeeper the Administrator
                                        of the effects of Sarah Hughes (wife of William Hughes) the
                                        Daughter one of the Residuary Legatees.

I already had William Hughes, Innkeeper of Middlesbrough as a son of William Hughes, the Baker. Knowing there was a will, I ordered the same from the National Probate Office. This will be useful for many of John Chapman's descendants. John mentions eight children in this will, of which five were beneficiaries of the will, while John had already made provision for the other three during his lifetime.

Here is my transcription of the will, all seven pages, each of which is signed at the bottom by John Chapman. I have highlighted in yellow, his first mention of each of his children, and in blue for his sons-in-law. Following posts will document these children and their families in other records.

This is the last Will and Testament of me John Chapman

                                                                                                 of Hartlepool in the

County of Durham Gentleman made this second day of July

In the year of Our Lord one thousand eight hundred and thirty six

Whereas in regard that my Daughter M^rs. Mowbray and the

family of my late son George Chapman deceased by and in

consequence of a beneficial purchase made of me by my said son

and my son in Law John Mowbray of a close or parcel of ground

called Crofton Heugh are in better pecuniary circumstances than

the rest of my Family and in regard that I have already advanced

to my Daughter Ann Stewart more than her proportional share of

my estate and effects would amount unto it is not my intention to make

any provision by this my will for my said Daughter M^rs. Mowbray

or for the children of my said deceased son George Chapman or for my

said Daughter Ann Stewart or any of them By virtue of every right

power or authority enabling me in this behalf I do by this my will

executed by me in the presence of and attested by the three credible

witnesses whose names are hereunto subscribed as witnesses to the execution

hereof Give devise and appoint all my closes or parcels of ground

messuages Lands tenements and hereditaments situate lying and

being in or near Hartlepool aforesaid or elsewhere in the County of

Durham And all other my real Estate whatsoever and wheresoever

(except such real Estates as are vested in me by way of Mortgage or upon

any Trust or Trusts) unto and to the use of my sons in Law William

Hughes of Middlesbrough in the North Riding of the County of York

Baker John Lynn of Hartlepool aforesaid Yeoman and Francis

Bulmer of the same place Yeoman their heirs and assigns for

ever Upon the Trusts following (that is to say) In Trust at any

time or times and from time to time after my decease absolutely

to sell convey and dispose of all and singular the said premises

hereinbefore devised either entirely or in parcels and either by public

                                                                                John Chapman

sale or private contract unto any person or persons who shall be willing

to become the purchaser or purchasers thereof for the best price or prices

that can be reasonably had or gotten for the same And with full liberty

to buy in or rescind any contract or contracts for sale of the same

premises or any of them or any part thereof respectively and to resell the

same in or by all or any or either of the modes aforesaid without being

answerable for any loss or expense occasioned thereby And in Trust

to pay apply and dispose of the money by every such sale arising in

manner and for the purposes hereinafter expressed I Give and bequeath

to my Daughter Mary Lynn the wife of the said John Lynn all my

plate and Household furniture exempt from the payment of my

debts and funeral and Testamentary expences And I Give all my ready

money and securities for money china and linen and all other my

personal Estate and effects whatsoever and wheresoever not hereinbefore

specifically disposed of unto the said William Hughes John Lynn and

Francis Bulmer their executors administrators and assigns In Trust

To sell and dispose of get in and convert the same into money

For the purposes hereinafter expressed And I declare and direct that

the said William Hughes John Lynn and Francis Bulmer their

heirs Executors administrators and assigns respectively shall stand

and be possessed of and interested in the money to arise and be

produced from my said real and personal Estate so to them given

as aforesaid and hereinbefore directed to be sold and disposed of as

aforesaid Upon the trusts following (that is to say) In Trust thereout

to pay my Funeral and Testamentary expences and all the

debt which I shall owe at the time of my decease And also thereout

to pay to my son James Chapman the Legacy or sum of one

hundred pounds at the end of twelve Calendar Months from my

decease but without any interest in the meantime for the same

And as to the residue or surplus of the money to be produced as

Aforesaid which shall remain after and shall not be applied in

Payment of my Funeral and Testamentary expences and of the

Debt or sums of money and legacy hereinbefore directed to be paid

                                                                                John Chapman

thereout the same shall be Upon the Trusts following (that is to say)

as to one equal fifth part or share therof (subject nevertheless to the

proviso first hereinafter inserted and contained) In Trust for my said

son James Chapman his executors administrators and assigns for

his and their own use and benefit absolutely As to another equal

fifth part or share thereof (subject nevertheless to the same proviso)

in Trust for my son Michael Chapman his executors administrators

and assigns for his and their own use and benefit absolutely As to

another equal fifth part or share thereof (subject nevertheless to the

same proviso) In Trust for my Daughter Sarah Hughes the wife of

the said William Hughes her executors administrators and assigns

for her own use and benefit absolutely for her separate use As to

another equal fifth part or share thereof (subject nevertheless to the

same proviso) In Trust for my Daughter Mary Lynn wife of the

said John Lynn her executors administrators and assigns for her

own use and their own use and benefit absolutely for her separate use And

as to the remaining fifth part or share thereof (subject nevertheless

to the same proviso) In Trust for my # # # daughter Elizabeth

Bulmer wife of the said William ^ Francis Bulmer her executors administrators

and assigns for her and their own use and benefit absolutely for her

separate use Provided always and I do hereby authorize and

direct the trustees or trustee for the time being of this my will

respectively from time to time to retain out of the respective fifth

parts or shares of my said sons James Chapman and Michael

Chapman and my said Daughters Sarah Hughes and Elizabeth

Bulmer the respective sums following (that is to say) the sum of

one hundred and twenty two pounds out of the share of my said

son James Chapman in which sum he now stands indebted to me

The sum of sixty pounds out of the share of my said son Michael

Chapman in which sum he now stands indebted to me and the sum of

ten pounds out of the share of my said Daughter Sarah Hughes

in which sum she now stands indebted to me and the sum of

thirteen pounds out of the share of my said daughter Elizabeth

                                                                                John Chapman

Bulmer in which sum she now stands indebted to me (such

retained sum to be considered as part of my residuary estate and

divided amongst my said sons James and Michael and my said

daughters Sarah Mary and Elizabeth accordingly for their

respective separate use and benefit And also to retain out of the

respective fifth parts or shares of my children James Michael Sarah

Mary and Elizabeth of and in all or any of the before mentioned Trust

monies all such sum or sums of money as shall be sufficient to save

defend keep harmless and indemnify my Trustees and Executors and

my estate and effects off from and against the payment of all such sum

and sums of money as I shall at the time of my decease stand bound

or engaged or answerable for the payment of as surety for or otherwise

on account of my same children respectively And all loss costs charges

damages and expences which shall or may be occasioned by the

nonpayment thereof respectively And in trust to apply the several

monies so respectively to be retained for the answering of those purposes

accordingly And I declare and direct that from and after my decease

until the sale or sales hereby directed to be made as aforesaid shall

be made and executed the rents and annual profits of the said premises

hereinbefore devised and directed to be sold as aforesaid shall be applied

in payment of the interest of such of my debts as shall carry interest

And that the residue of the same rents and annual profits shall be

paid to such person or persons and applied to and for such purposes

and in the same proportion and manner as the interest of the money

to arise by such sale or sales which shall remain after payment

of my funeral and testamentary expences and debt hereinbefore

directed to be paid thereout would after such sale or sales be payable

or applicable to by virtue or in pursuance of this my will And I

declare and direct that the receipt or receipts of the said William

Hughes John Lynn and Francis Bulmer or of _^^{any or} either of them or of the

heirs or assigns of the _^^{survivors or} survivor of them or of any of the Trustees for the

time being of this my Will to be appointed as hereinafter mentioned

under their or his hands or hand respectively shall from time to time

                                                                                John Chapman

effectually discharge the respective purchaser or purchasers of such part

or parts of the same premises as by virtue or in pursuance of the

Trusts or directions of this my Will shall be sold and disposed of off

and from so much of the purchase money as shall therein be

acknowledged or expressed to be received And that such purchaser or

purchasers shall not after such receipt or receipts be answerable or

accountable for any loss misapplication or nonapplication of such

purchase money or any part thereof And I declare and direct that

if all or any or either of them the said William Hughes John Lynn

and Francis Bulmer or any succeeding trustee or trustees to be appointed

as hereinafter mentioned shall die or be desirous to decline and be

discharged of and from or shall neglect or refuse or become incapable

to act in the execution of these trusts in them reposed or to be reposed by

virtue of this my will at any time or times before the same trusts shall

be fully executed and performed then and in every such case and

from time to time as often as the same shall happen it shall and

may be Lawful to and for the Trustee or Trustees for the time being

surviving or continuing to act in the said Trusts or the Executors

or administrators of the then last acting trustee by any writing or

writings under their or his hands or hand respectively to nominate and

appoint any other proper person or persons to be a trustee or trustees

for the purposes aforesaid in the place of the Trustee or Trustees so

from time to time dying or desiring to be discharged or neglecting

refusing or becoming incapable to act as aforesaid And that

upon every such nomination as aforesaid the said trust estates

securities monies and premises shall respectively be conveyed and

transferred in such manner as that the same may be effectually vested

in such new trustee or trustees so to be appointed jointly with the

surviving or continuing Trustee or Trustees or in such new Trustee or

Trustees only as the case may require Upon The Trusts and to and for

the intents and purposes and with and under and subject to the

powers provisos and declarations in and by this my Will expressed

or declared of or concerning the same respectively or such of them as for

                                                                                John Chapman

the time shall be subsisting or capable of taking effect And

I appoint the said William Hughes John Lynn and Francis

Bulmer Executors of this my will And I Give to them the said

William Hughes John Lynn and Francis Bulmer their heirs and

assigns all such real Estates as are now vested in me by way of

Mortgage in order to enable them with the greater ease and

convenience to recover receive and get in the money secured by

such Mortgages for the purposes of this my will And I also

Give to them the said William Hughes John Lynn and Francis

Bulmer their heirs and assigns all such real estates as are now

vested in me upon any trust or trusts To Hold the same to

them the said William Hughes John Lynn and Francis

Bulmer their heirs and assigns Upon the several Trusts affecting

the same several Estates respectively And I declare and direct

that the said William Hughes John Lynn and Francis

Bulmer and the trustee or trustees to be appointed in

pursuance of the proviso last hereinbefore contained respectively

their respective heirs Executors administrators and assigns

respectively shall not be answerable or accountable the one for the

others or other of them And that they or any of them shall not

be charged or chargeable with or answerable for the Acts receipts

neglects or defaults of the others or other of them but each of

them for his own act receipts neglects or defaults only nor for

any more money rents or profits respectively than they respectively

shall actually receive by virtue of the trusts and directions of

this my will and by no means for involuntary losses And

Also that they respectively shall and may by and out

of the aforesaid Trust estates monies and premises respectively

be allowed and may retain to and reimburse themselves

respectively all such loss costs charges damages and

expences as they respectively shall or may suffer sustain

expend or be put unto in or about or as shall or may

                                                                                John Chapman

be occasioned by the execution of the Trusts in them reposed or to

be reposed by virtue or in pursuance of this my Will in m

relation to the same estates monies and premises respectively

And I hereby revoke all my former Wills In Witness whereof

I have to this my last Will and Testament contained in this and the

Six preceding sheets of paper hereto annexed set my hand and seal

(to wit) my hand to the bottom of each of the said preceding sheets

My hand and seal to this last sheet And my seal at the top of

The first of the said preceding sheets where all the said sheets are fixed

together the day and year first written.

                                                                                John Chapman

The writing contained in this _^^{and the} six preceding

sheets of paper hereto annexed was signed and

sealed by John Chapman of Hartlepool in the

County of Durham Gentleman and by him

published and declared as and for his last Will

and Testament in the presence of us who as

witnesses thereof have hereto subscribed our names

in his presence at his request and in the presence

of each other

William Merryweather

George Parkin

Robert Grimshaw