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Welcome to the May 2003 edition of
the Cloud Glass Newsletter. In this shorter than usual newsletter we have an
article on George Davidson's Last Will and Testament. Happy reading
George Davidson's Will
George Davidson's will is
interesting for a number of different reasons. It tells us about his family, his
wealth and also some insights into the origin and profitability of his
Glassworks. George's last will was written on the 17th June 1889, nearly two
years before he died (22nd February 1891). The legacies in the will tell us
about the surviving members of his family. Although we have not researched in
depth the Davidson family we do know that two of his sons died before this will
was written. John George Davidson, who we think was the eldest son, died leaving
a widow Elizabeth and a daughter Meta. It is possible that he died before the
1881 Census as a brief examination of the census does not turn up any John
George Davidson whose entry would fit what little we know about John. He was
certainly alive in 1879 as in that year he submitted the first patent of the
Davidson glassworks. This suggests he was very active in the family business.
George had another son William who was born in 1866 and died between 1881 and 1889.
At the time of the will George also had two
surviving daughters, Margaret Davidson and Mary Jane McIntyre. Margaret appears
to be unmarried. Mary Jane had three sons - George, Thomas and Allan. We do not
currently know who Mary's husband was or what his profession was. We can assume
that he would have been a respectable business man.
The value of George Davidson's estate at the
time of his death was placed at a gross value of £14,802-7-10. This was revised
upwards in October 1895 to £16,188-17-4. At the time of writing his will he
owned a large number of properties in and around Gateshead and these are listed
in full in the will. The rent from these properties was to be used for the
benefit of his surviving daughters. The glass business was sufficiently
profitable for him to direct that his wife, Jane, should receive £1,000 per year
and his daughter-in-law Elizabeth £50 per year income from the glass works.
At his death George directs that his dearly
beloved wife Jane should receive the sum of £200 for her immediate use and all
of the 'wines, liquors, fuel, housekeeping provisions and other consumable
stores' in his dwelling or dwellings. Jane also received the use of his 'furniture,
plate, plated articles, linen, china, glass, books, prints, pictures, musical
instruments and other effects' for as long as she remained his widow and resided
in England. Jane was to properly insure the goods and could only dispose or
replace them with the permission of the trustees. As well as this she was also
to receive an income of £1,000 per year from the glassworks.
To his three grandchildren George, Thomas and
Allan McIntyre he gave £1,000. This money to be paid when they reached the age
of 21. The interest on the capital at the rate of £3 per centum per annum was to be paid to
their guardian to pay for their maintenance and education. Should they die, then
the money was to form part of the residual estate of George Davidson.
Thomas inherited the glass works 'the stock in
trade fixtures machinery plant utensils and effects employed in my trade or
business of a glass manufacturer and also all the goodwill of the said trade or
business and also the benefits of all contracts subsisting in respect of the
same trade or business and all book and other debts and monies owing to me in
respect of the said trade or business'. Thomas had to indemnify the estate of
George Davidson against any debts arising from the glass business as well as pay
the income of £1,000 and £50 to Jane and Elizabeth Davidson.
From the will we learn that the glassworks formed part of Lot 1 of the Askew estate. From this we can
conclude that George start the glassworks on a greenfield site. At
the time of this will there was also a foundry on that site and was leased to J Sayers & Co.
The annuity of £50 from the glass works paid to
Elizabeth was only to last as long as she remained unmarried. To her daughter
Meta, George granted the sum of £5,000 pounds, the interest of which was to be
used to pay for the education and maintenance of Meta. The capital did not pass
to Meta on her 21st Birthday.
The rent from the large number of properties
owned by George Davidson was bequeathed to Margaret Davidson and Mary Jane
McIntyre (nee Davidson). The residual part of George Davidson's estate was to be converted into
shares and debentures, and the will gives a list of the permissible shares and
debentures which could be purchased.
Below is the complete will. The original is 9
pages of hand written text with little or no punctuation. It appears to be one
long sentence! By today's standard it is extremely wordy and very difficult to
read. In reproducing the will we have attempted to introduce some sentence
structure and divided it into paragraphs it an attempt to make it more readable.
We hope in the process that we have not distorted any of the will's meaning.
I, George Davidson of Gateshead in the county of Durham, Glass
Manufacturer, hereby revoke all wills codicils and testamentary dispositions heretofore
made by me and declare this to be my last and only will. I appoint my son Thomas
Davidson and my friend Edward Waugh of Gateshead aforesaid Agent Executors and
Trustees of this my will. I bequeath to my dear wife Jane Davidson all the
wines, liquors fuel housekeeping provisions and other consumable stores which
shall at my death be in about my dwelling house at Bensham Cottage aforesaid or
in any house or houses which I shall occupy or reside in at the time of my
death. I bequeath to my dear wife Jane the use, so long as she shall continue my
widow and shall reside in England, all my household furniture, plate plated
articles, linen, china, glass, books, pictures, prints, musical instruments and
other effects of the like nature which shall at my decease be in or about my
then dwelling house. I direct that an inventory of the said articles whereof my
wife is to have the use shall be taken at the expense of my estate as soon as
convenient after my death of which my wife shall keep one copy and my trustees
or trustee the other, which trustees or trustees are or is to determine the
amount of insurance to be made by my wife and also in case of dispute what
articles are included in either the aforesaid gifts to her or for her use and I
exonerate my said trustees or trustee from all duty and responsibility in the
respect of the custody of the effects included in the same bequest after
delivery to my said wife of the said furniture and effects until they or he
shall receive actual notice that my said wife is dead or has married again or is
resident out of England and after her death or if when she shall marry again or
cease to reside in England. I direct that my wife shall during her life or until
she marry again or cease to reside in England keep the said articles in good
repair and condition (reasonable wear only accepted) and insure against fire to
the full value thereof (such value to be assessed, by my trustees or trustee) in
some respectable office in the names or name of my trustees or trustee and to
pay the premium in connection therewith within one week after the same shall
become payable in default whereof it shall be lawful for my trustees or trustee
to repair or replace such of the said articles as shall be damaged destroyed or
lost or (as the case may be) to effect or keep on foot such insurance and
reclaim or recover the costs of such repairs purchases or insurance respectively
out of or by sale of any income capital or property given to my wife my by my
will. I declare that it shall be lawful for my said wife at anytime with the
consent of the trustees or trustee for the time being of this my will to
dispose of such part of the said furniture and effects and out of the proceeds
of such sale to replace such of the said articles as shall be sold damaged or
destroyed with others of the like kind and after the death of my said wife I
direct that my said trustees or trustee for the time being shall sell the
furniture and effects aforesaid in such manners as they or he shall think proper
and shall stand possessed of the monies to arise by such sale or sales upon
trusts hereinafter declared and concerning the monies to arise from the reside
of my personal estate and effects hereinafter bequeathed.
I give to my wife Jane £200 (two hundred
pounds) to be paid immediately or soon as may be after my death for her
immediate use. I bequeath to each of my three grandchildren George Duncan
McIntyre, Thomas McIntyre and Allan Cameron McIntyre the sum of £1000 (one
thousand pounds) each if and when they shall become of the age of 21 years with
interest therein at the rate of £3 per centum per annum from the day of my death and
interest to be paid during the minority of each of my said grandchildren to his
guardian or guardians for the maintenance and education provided that such
legacy shall not rest as a transmissible interest in each of my said
grandchildren until they shall attain the age of 21 years and if any or all of
my said grandchildren shall die before me or under the age of 21 years the said
legacies or legacy shall fall into and form part of my residual personal estate.
I bequeath unto my son Thomas absolutely all of
the stock in trade fixtures machinery plant utensils and effects employed in my
trade or business of a glass manufacturer and also all the goodwill of the said
trade or business and also the benefits of all contracts subsisting in respect
of the same trade or business and all book and other debts and monies owing to
me in respect of the said trade or business. Provided always that my said Son
shall to the satisfaction of my said executors sufficiently indemnify my general
estate from all debts and liabilities owing to or incurred by me in respect of
my said trade or business and if they shall so require shall enter into a bond
or covenant in that behalf at the cost of my general personal estate. I devise
all the land and premises now used by me as glass works at the Teams Gateshead
aforesaid and the appurtenances thereto together with all the furnaces now or
hereafter to be used in connection with the same together with the Foundry
adjoining thereto and now in the occupation of J Sayers & Co and together with
the plots of land adjoining thereto together also with the land forming the
entrance to my said works the whole of the aforesaid properties being comprised
in Lot 1 of the Askew Estate. To the use of my said son Thomas absolutely. To
the use that my son Thomas shall pay there out to my dear wife a yearly income of
the amount of £1000 (one thousand pounds) and I hereby direct that in the event
of the rents and profits arising from the said device and bequest to my son
Thomas not producing sufficient to pay the aforesaid annuity to my wife and the
annuity of £50 (fifty pounds) per annum to the widow of my son John George as
hereinafter provided that the said sums of £1000 and £50 per annum payable to my
wife and the widow of my son John George as aforesaid shall be charges upon my
residual estate.
To the use nevertheless that Elizabeth Davidson
the widow of my son John George Davidson may receive there out an annuity of £50
(fifty pounds) per year so long as she remains the widow of my said son John
George to commence from the day of my death and to be paid to her quarterly or
as such other periods as my trustees may think fit. To the use also that a sum
of £5000 (five thousand pounds) shall be raised there out and invested by
trustees for the benefit of my granddaughter Meta Davidson in manner hereafter
provided an the interest to be paid during the minority of my granddaughter Meta
Davidson to her guardian or guardians for her maintenance and education Provided
that of the said Meta Davidson shall die under the age of 21 years such legacy
shall lapse and form part of my residual estate and I hereby direct that the
said annuities and legacies hereinafter bequeathed to the said Meta Davidson and
Elizabeth Davidson respectively shall be without power of anticipation during
any covertures Provided always that in case the said Elizabeth Davidson or Meta
Davidson shall at any time whilst discovered assign or dispose of the said
income as aforesaid or any part thereof or interest therein whereby the same
shall become vested in or payable to any other person whatsoever then and in
such case the trusts declared in favour of the said Meta Davidson and Elizabeth
Davidson shall immediately thereupon cease and the said income shall during the
remainder of each of their lives be applied by the said trustees or trustee for
the benefit of the issue (if any) of such one alienating as aforesaid.
I desire all my freehold dwelling houses and premises No 16 to 38 Askew Road
West Gateshead inclusive No 7 to 23 inclusive Askew Road West Gateshead No 60
to102 inclusive in Cuthbert street Gateshead No 2 to 68 inclusive in Frankfurt
street Gateshead Nos 8 to No 58 inclusive in Berlin Street Gateshead No 3 Berlin
Street Gateshead No 24 Frankfurt street Gateshead Nos 1 to 19 inclusive Tyne
Road East Gateshead Nos 25 to 41 inclusive Tyne Road East Gateshead Nos 5 to
35 inclusive Berlin Street Gateshead No 1 to 16 Park Road Gateshead Nos 113 to
115 Brussel Street Gateshead Nos 71 to 95 inclusive Tyne Road East Gateshead
the small self contained house at the bottom of Cuthbert Street Gateshead
containing 3 rooms and the house in Cuthbert Street Gateshead now belonging me
containing 2 rooms upstairs and 2 rooms downstairs Nos 374 to 376 Askew Road
Gateshead my 5 unfinished houses on the South side of Askew Road in Cuthbert
street aforesaid to my said trustees upon trust that they shall hold the said
dwelling houses and premises to the use and benefit of my two daughters Margaret
Davidson and Mary Jane McIntyre share and share alike and that they shall pay to
my said daughters the rents and profits arising thereupon.
I direct and bequeath all the residue of my
real estate including chattels real and of my personal estate and effects unto
and to the use of my said trustees their heirs executors administrators and
assign upon trust that the said trustees or the survivor of them or other the
trustees or trustee for the time being of this my will shall sell call in and
convert into money the said real and personal estate and premises and shall out
of the net proceeds of such sale calling in and commission pay my funeral and
testamentary expenses and debts and shall hold the residue of the proceeds of
such sale and conversion unto my son Thomas and my said daughters Margaret
Davidson and Mary Jane Macintyre share and share alike. I direct that all the
annuities and legacies given by my will or any codicil thereto be paid free of
legacy duty and succession duty. Provided always that is shall be lawful for my
trustees or trustee to sell or convert in selling all or any part of the real an
personal estate and premises hereinbefore devised and bequeathed in trust for
sale either subject to any prior charges affecting the same or not and either
together or in parcels by public auction or private contract subject to any
special stipulations as to title evidence of title biddings compensation
indemnity postponed of payment of purchase money or security for the same or
otherwise with power to buy in at any auction or to rescind or vary any contract
for sale and to resell without being answerable for loss and for the purposes
aforesaid to execute and do all such assurances and things as my trustees or
trustee shall think proper. And i declare that my son Thomas notwithstanding
that he is or may be a trustee of this my will and acting in the trusts thereof
shall be competent to purchase any part of my trust estate either at any public
auction or from his co trustee or co trustees by private contract any rule of
equity to the contrary notwithstanding. provided always that my said trustees or
trustee may in their or his absolute and uncontrolled discretion postpone the
sale calling in or conversion of my residuary real and personal estate or any
part thereof including leaseholds and other property of a terminable or wasting
nature for such time as they or he shall think fit without being answerable for
the loss and I declare that until such sale or conversion thereunto profits and
income arising from such parts of my residual real and personal estate as shall
for the time being remain unsold and unconverted shall be paid or applied by my
trustees or trustee upon the trusts to the persons or person for the purpose and
in manner to whom and for and in which the dividends interest and proceeds
arising from the investment of the proceeds of sale of my residual real and
personal estate would have been payable or applicable under the trusts declared
concerning the same.
And I declare that my said trustees shall hold
and invest in their own names the said sum of £5000 (five thousand pounds)
bequeathed to my granddaughter Meta Davidson the said sums of £1000 (one
thousand pounds) bequeathed to each of my 3 grandchildren as aforesaid and the
share to which my said daughter Margaret Davidson and Mary Jane McIntyre are
entitled out of the conversion of my residue of my real and personal estate in
the purchase of any parliamentary or government stock or funds of the United
kingdom or of any stock secured upon revenues of British India or any Colony or
Dependency of the United Kingdom or any stock of the Bank of England or Ireland
or of the stock of the Metropolitan board of Works or of debenture stock of any
County municipal or local authority in Great Britain and not in Ireland or in
the purchase of the debenture stock of preference stock or preference shares of
any Railway or other company on the United Kingdom or established by Charter or
Act of Parliament in actual work and paying a dividend upon its ordinary stocks
or shares or of the stock or shares of any Railway Company in the United Kingdom
or India which a fixed premium rate of dividend is guaranteed by the same or any
other Company or the Government of British India or any Colony or Dependency of
the United Kingdom or guaranteed by means of a fixed rental payable by any other
Company or as interest upon securities of the Government of the United Kingdom
or upon freehold or copy hold securities in England or Wales but not in Ireland
or in or upon the bonds or securities of any of the British Colonies or
Dependencies including bonds or debentures secured upon or guaranteed by the
revenues of British India or any Bonds or securities which or the interest upon
which is or are guaranteed by Parliament or at interest upon the debentures or
mortgages of any railway of other company in the United Kingdom incorporated by
Charter or Act of Parliament and paying a dividend as aforesaid but not being a
Company having the liability of its members limited by the companies act 1862 or
any other act relating to joint common stock companies or upon the bonds
debentures or securities of or issued by any such Count municipal or local
Authority as aforesaid or on the security of rates or tolls made or levied by
such authorities and may from time to time vary alter and transfer all or any of
the stocks funds shares and securities into for other stocks funds shares or
securities of the same or a like nature upon trust to pay the income and profits
arising from each of the said investments to the respective parties entitled
thereto upon the terms and conditions as provided by this my will.
Provided always that my said daughter Margaret
Davidson and Mary Jane Macintyre shall have no power to anticipate any estate or
interest or the rents or profits in connection therewith given under this my
will during any covertures and from and after the decease of either of my said
daughters her share together with the annual income thereof shall be held by my
said trustees upon trust for all or any one or more of the issue of such
deceased daughter in such proportions and for such interests and with such
powers restrictions limitations and in such manner in all respects as such
daughter shall by will whether covert or sole appoint and in default of such
appointment upon trust for all the children of such deceased daughter who being
a son shall attain the age of 21 years or being a daughter or daughters shall
attain that are or marry in equal shares and if there shall not be any child as
such daughter or daughters who being a son shall attain the age of 21 years or
being a daughter shall attain that age or be married then in trusts for such
interests and generally in such manner in all respects as such daughter whether
covert or sole shall by will appoint.
Provided always and I hereby declare that the
statutory power of appointing new trustees of this my will shall from time to
time be exercisable with the consent in writing of the person or persons being
of full age and not under any disability for the time being entitled to the
income of the said trust premises and if and so long as there shall be no such
person at the discretion of the person in whom such statuary power shall for the
time being be vested Provided always and I further declare that it shall be
lawful for the trustees of this my will other than the said Edward Waugh to
employ the said Edward Waugh as rent collector in connection with my said estate
and that he shall be entitled to and be paid all usual or proper charged for so
doing notwithstanding his being one of the trustees of this my will. In witness
whereof I have set my hand this 17th day of June 1889.
Signed by the said George Davidson as his last
will in the presence of us present and the same time who at his request in his
presence and in the presence of each other have hereunto subscribed our own
names as witness
Tho Lambert Sol Gateshead
J G Atkinson his clerk
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