The Will of the Revd. Thomas Durham

The Revd. Thomas Durham's grave in Burton Latimer churchyard. He was buried here three months after making his will

Thomas Durham was a very active curate in Burton Latimer during the incumbancy of the Revd. Thomas Shuttleworth Grimshaw who spent long periods away from Burton Latimer. Although not identified in this will, Thomas Durham owned property fronting the High Street including an inn named the Bell and in the area nearby later to known as Wallis's Yard.

He is buried under the trees in St. Mary's churchyard not far from the church porch. His gravestone reads: "In memory of the Revd. Thomas Durham A.M. late Fellow of Catherine Hall Cambridge and Curate of this Parish who died 22nd July 1832 aged 36 years. Jesus said I am the Resurrection and the Life; he that believeth in me, though he were dead, yet shall he live: and whosoever liveth and believeth in me shall never die."

WILL OF THE REVD. THOMAS DURHAM 18th day of April 1832

This is the last Will and Testament of me The Reverend Thomas Durham of Burton Lattimer in the County of Northampton Clerk. I direct that all my just debts funeral and testamentary expenses being fully paid and satisfied by my executors hereinafter named I give and devise all and singular my messuages or tenements closes pieces or parcels of land or ground, hereditaments and real estate situate and being in Burton Lattimer aforesaid or elsewhere with their and every of their rights members and appurtenances unto and to the use of Charlotte Warren & Amelia Warren both of Edmonton in the County of Middlesex Spinsters two of the sisters of my wife their heirs and assigns for ever Upon trust that they my said trustees and the survivor of them and the heirs and assigns of such survivor do and shall as soon as convenient after my decease sell and dispose of the same messuages or tenements closes pieces or parcels of land hereditaments and real estate so devised to them as aforesaid and every part thereof for the best price and most money that can be reasonably obtained for the same and either together or in parcels and by public auction or private contract to any person or persons whomsoever as to my said trustees or trustee shall seem meet. And I direct and declare that the money to arise and be produced from the said sale or sales shall be held by my said trustees or trustee after payment of all charges and expenses incident thereto. Upon the trusts and for the intents and purposes hereinafter expressed and declared concerning the residue of my personal estate I also direct and declare that every receipt of the acting trustees or trustee for the time being of this my will shall be a good and sufficient discharge to the purchaser or purchasers of my said estates so directed to be sold as aforesaid for so ------ of the purchase money as shall be therein acknowledged to be received and that such purchaser or purchasers his her or their heirs executors administrators and assigns shall not afterwards be obliged to see to the application of purchase money or any part thereof or be answerable for the misapplication or non-application thereof and I give and bequeath all my money sureties for money household furniture goods chattels and personal estate and effects whatsoever and wheresoever and ------ ------- possession ------------ or ----------------------- the said Charlotte and Amelia Warren their executors administrators and assigns Upon trust immediately after my decease to sell and dispose it collect get in and convert into money all such parts thereof as shall not consist of money and therewith pay my just debts funeral and testamentary expenses and after payment the rest do and shall stand possessed of and interested in the residue of the money arising from my personal estate & also the money --- ---- be procured from the sale or sales of my said real estates and the rents and profits thereof until sales upon trust to lay out and invest all the said monies on government or good real securities and interest as my said trustees or trustee shall think best with power to vary and change the securities on which the said monies may be allocated and do and shall pay the dividends interest or income of the said benefits monies lands or securities unto or otherwise permit my said wife Louisa Durham and her assigns to ---------- & take the same during her natural life for better enabling her to bring up and ------------------ educate our children and immediately after her decease do and shall stand possessed of and interested in the said trust monies funds and securities upon trust for all and every my children in equal shares and proportions as tenants in common and not as joint tenants the share of each of my children being a son to be a vested interest in him on attaining the age of twenty one years or death and on that age leaving lawful issue and in each of my children being a daughter at her attaining that age or being married or if any or other of my said children shall die before their shares become vested then the share or shares of him her or their so dying shall be transferred and paid to and amongst the others or other of my said children in like monies as their original shares are directed to be paid and in case there shall be but one such child who being a son shall attain the age of twenty one years or leave lawful issue or being a daughter shall attain that age or be married then the whole of such trust money funds and securities shall be transferred and paid to such only child or issue his her or their executors administrators or assigns provided always and as hereby declared that it shall be lawful for any said trustees or trustee for the time being after the decease of my said wife and during the infancy of any of my children to advance and pay the interest arising from the expectant share of such child or children in the said trust property for or towards the maintenance and education of such child or children respectively in such manner as they my said trustees or trustee for the time think fit provided also that it shall be lawful for my said trustees or trustee for the time being with the consent of my said wife during her life testified by some -------aling ----------- hand and after her decease then at the proper authority of my trustees or trustee to levy and part not exceeding one half of the expectant share of such child or children in the said trust property during his her or their minority and pay and apply the same in towards his her or their preferment or advancement in the world in such manner as my said trustees or trustee shall think fit but the sum or sums so advanced shall be taken as part of the share of such child or children and be accounted for accordingly provided always and I further declare that if either of the trustees hereby appointed or be appointed as hereinafter mentioned shall die or decline or become incapable to act in the trusts hereby recated(?) before the same shall be fully performed then and in such case it shall be lawful for the surviving or continuing trustee her or his executors or administrators to appoint one or more trustee or trustees in the room of the trustee or trustees so dying declining or becoming incapable to act and thereupon the said trust monies funds and securities and trust properties shall be conveyed and assigned so as to become vested in the new trustee or trustees jointly with the continuing trustee or solven(?) as the case may require and that each now trustee or trustees shall have the same person and authorities for all intents and purposes as if he she or they had been originally appointed by this my will provided also and I further declare that the trustees hereby appointed or to be appointed as herein before as mentioned shall not be answerable the one for the other or for signing receipts for the sake of conformity or for involuntary loss and that it shall be lawful for them to reimburse themselves all their costs and expenses to be incurred or sustained in discharging the trusts of this my will and lastly I appoint the said Charlotte Warren and Amelia Warren Executrixes of this my will and jointly with my wife guardians of my children during their respective minorities.
In witness thereof I the said Thomas Durham the testator have to this my last will and testament in four sheets of paper set my hand and seal that is to say to the three first sheets thereof my hand and to this fourth and last sheet my hand and seal this eighteenth day of April in the year of our Lord God One thousand eight hundred and thirty two - Thomas Durham.

Signed sealed published and declared by the said testator Thomas Durham as and for his last will and testament the for------- of us who at the request and in his presence have here unto subscribed our names as ------------ Daniel Judd William Hiarns John Wiffen

I make this as a codicil to my will whereas I have this day made & published my Will by which I have appointed my sisters in law Charlotte and Amelia Warren trustees under and executrixes of such Will and together with my wife joint guardians of my children and whereas it appears that the said Charlotte & Amelia Warren would rather decline that office and trust I do hereby evoke such appointment and as now thereof do hereby nominate and appoint my dear wife Louisa Durham & Charles Warren of Trinity College Esquire her brother to be trustees in the room of the said Charlotte & Amelia Warren to be Executrix & Executor of my said will & to be joint guardians of my dear children with all the power trusts and authority specified therein And I further give and bequeath to my said wife for her own use & disposal such part of my furniture books effects as she may chuse and I further direct that in case of the death of all my children before they shall acquire a vested interest in the above named trust property that the said trust property shall on the decease of my wife be equally divided and cut half of it be divided among my nearest kin and the other half of it to be divided among the nearest of kin of my said wife. -

Thomas Durham – Signed sealed and published as afore a codicil to be annexed to a constitute a part of the last Will and Testament in the presence of Daniel Judd - William Hiorns - John Wiffen

Proved at London with a codl. 8th August 1832 before the Worshipful John Danberry Dr of Law & Surre. By the oath of the Revd. Charles Warren Clk.in the codl. described Esqe. One of the Executors named in the said codl. to whom abenon? was granted to having been first sworn duly to a---- power reserved of making the like grant to Louisa Durham too the relict the other Exor. named in the said Codl. when she shall apply for the same.