Will of James Benning

of Gainford, Barnard Castle, County Durham attested 27 Jan 1812

This is the last Will and testament of me James Benning of Barnard Castle in the County of Durham Surgeon who being of sound mind memory and understanding do make the same in manner following that is to say I give and devise to my dear Wife Jane Benning All that my messuage tenement and dwelling house wherein I now live in B[arnar]d Castle aforesaid, with the several out buildings and yard there unto belonging and adjoining, Also all that my close piece or parcel of Land with the Cowhouse thereon situate and being at Galgate head in the township of Barnard Castle aforesaid, Also all that my close or piece of Land situate and being in the Crook in the said township of Barnard Castle, with the appurtenances to the said premises respectively belonging. To hold the same to the said Jane Benning, or her Assigns for and during the term of her natural life and subject thereto
I give and devise the said Close piece or parcel of Land in the Crook with the cowhouse and appurtenances thereunto belonging To my Son Joseph Anthony Benning his heirs and assigns for ever.
And subject as aforesaid I give and devise the said Close piece or parcel of Land with the Cowhouse thereon at Galgate head aforesaid with the appurtenances to my son William Benning his heirs and assigns for ever.
And subject as aforesaid I give and devise the said messuage tenement or dwelling house with the several outbuildings and yard thereunto belonging and adjoining with the appurtenances to my son Henry Benning his heirs and assigns for ever
I give and devise to my two sons Joseph Anthony Benning and William Benning all that my messuage dwelling house and tenement with the several out Buildings thereunto adjoining and all that my farm of Land thereunto belonging with the appurtenances thereunto belonging situate and being at Whorlton in the said County now in the occupation of Ferdinando Raine To hold the same unto the said Joseph Anthony Benning and William Benning & the survivors of them & the heirs and assigns of such survivor Upon the trusts & for further ends and purposes herein after particularly mentioned and declared of and concerning the same that is to say
That they the said Joseph Anthony Benning and William Benning, or the survivor of them or the heirs or assigns of such survivor shall and will, twelve months after my death or as soon as conveniently may be Sell and dispose of the said Messuage Lands & hereditaments and premises with the appurtinances of Whorlton either by public Auction or private contract as to them or the survivor of them shall seem most advantageous For which purpose that they the said Joseph Anthony Benning and William Benning or the survivor of them, or the heirs or assigns of such survivor shall and may sign seal and deliver to a purchasor or purchasors thereof such conveyances and assurances as the nature of the Case may require And that such purchasor or purchasors his her heirs need not see to the application or non application of such purchase money. And that they the said Joseph Anthony Benning and William Benning, or the survivor of them or the executors administrators or assigns of such survivor shall on receipt of sufficient purchase money in the first place thereout immediately pay and discharge all my just debts and in the next place without delay pay thereout the several Legacies Bequests sum or sums of money herein after particularly mentioned that is to say
I give and bequeath to my Son the said Joseph Anthony Benning his executors administrators or assigns the sum of one hundred pounds,
to my Son James Parkin Benning his executors administrators or assigns the sum of three hundred and fifty pounds.
To my said Son William Benning his executors administrators or assigns the sum of two hundred and fifty pounds.
To my said Son Henry Benning his executors administrators or assigns the sum of three hundred pounds.
To my daughter Elizabeth Hodgson her heirs executors administrators or assigns the sum of two hundred pounds.
To my daughter Jane Barbara Benning her executors administrators or assigns the sum of three hundred and fifty pounds.
and to my daughter Anne Benning her executors administrators or assigns the sum of three hundred and fifty pounds.
and as to all the rest residue and remainder of the said purchase money then remaining in the hands of the said Joseph Anthony Benning and William Benning or the survivor of them or the Executors administrators or Assigns of such survivor, after payment of all and singular the expences attending the said sale and any said Trustees for their trouble in proving this my said Will and the execution of the trusts herein & hereby in them reposed That they the said Joseph Anthony Benning and William Benning or the survivor of them or the Executors administrators or assigns of such survivor shall and will immediately after payment of the said legacies place the residue of the monies in their Hands into some or one of the public funds of this Kingdom or upon Mortgage or other good and sufficient securities and the interests dividends or proceeds thereof as it shall become due to pay the same to my said Wife or her assigns for and during the term of her natural Life And from and immediately after her death, to sell out of the Funds or call in if on other securities the said money so placed out to interest, and the interests dividends & proceeds thereof to pay thereout the further several legacies Bequests & sums of money hereinafter particularly mentioned, that is to say
To my Son Joseph Anthony Benning his executors, administrators or assigns the sum of one hundred & fifty pounds
To my said son James Parkin Benning his heirs administrators or assigns the sum of three hundred and fifty pounds
To my said Son William Benning his executors administrators or assigns the sum of two hundred and fifty pounds,
To my said Son Henry Benning his executors administrators or assigns the sum of one hundred pounds
To my said Daughter Elizabeth Hodgson her executors administrators or assigns the sum of four hundred pounds.
To my said Daughter Jane Barbara Benning her executors administrators or assigns the sum of three hundred and fifty pounds,
And to my Daughter Anne Benning her executors administrators or assigns the sum of three hundred and fifty pounds.
And it is my Will and I do hereby order and direct that on sale of my said Messuage Lands and premises at Whorlton aforesaid If the same shall not raise so much money as will be sufficient to pay and discharge the said las mentioned several legacies Sum or sums of money bequeathed & directed to be paid to the said several legatees their executors administrators or assigns in manner and at the time aforesaid, Then and in that case He She or They shall suffer a loss pro rata, according to the quantum of their said several & respective legacies. But in case the same Estate at Whorlton aforesaid shall sell for more money than will pay satisfy and discharge the said debts Legacies Sum or sums of money herein before mentioned, Then and in that case the surplus money remaining after payment thereof shall be eaqua[?] divided to and amongst my said Children in eaqual shares Share and Share alike
I give and bequeath to my said Wife Jane Benning her Executors administrators or assigns all and singular my House hold furniture Beds bedding Plate Linnen wearing apparel Horses Cows personal Estate and Effects whatsoever not herein before bequeathed She paying thereout my funeral Expences And I hereby nominate constitute and appoint my said Wife sole Executrix hereof revoking all other Wills by me at any time heretofore made
In witness whereof I have hereunto sett my hand and seal this twenty seventh day of January in the year of our Lord One thousand eight hundred and twelve
James Benning

Signed sealed published and declared in the presence of us, who in the presence of the Testator and at his request have hereunto sett our hands as Witnesses to the same
Robert Thwaites
Ann Wiseman
Thos Blackburn

Proven: 13 May 1812 at York

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