Alnwick

The Will of George Nesbitt

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Abstract of the will of George Nesbitt of Bailiffgate Street Alnwick in the County of Northumberland, Stonemason.

28th November 1815

By his will of his date George Nesbitt Directed first that all his just debts, Funeral Expenses and probate of his will should be paid and discharged by and out of his personal estate and effects except his household furniture and in case the same should not be sufficient for that purpose he did thereby charge and make chargeable all his messuages(sic) tenements or dwelling houses Hereditaments and premises to and with the payment thereof respectively.

And so charged and chargeable as aforesaid he did thereby give All those two Messuages(sic) tenements and dwelling houses with the Backbuildings yards Gardens Hereditaments and Appurtenances thereto Belonging situate standing lying and being on the south side of Bondgate Street in Alnwick aforesaid and then in the possession or occupation of Mrs Castles and Mrs James Thompson Spirit Merchant as Tenants thereof to and under him and also all that his other messuage(sic)Tenement or dwelling house with the Yard, Garden Hereditaments and Appurtenances therewith belonging situate standing lying and being in Baillifgate in Alnwick aforesaid and then in his own possession or occupation of Miss Richardson Henry Howey Esquire Mrs Garrett and others as tenants thereof to and under him.

And also all that his one undivided priority or full half part and in all that meesuageg(sic) Tenement or dwelling houses with the back buildings hereditaments and appurtenances herewith belonging situate standing lying and being in Cannongate Street in or near Alnwick aforesaid and then in the possession or occupation of Margaret Stage as Tenant thereof to and under him and the representatives of Adam Yelloly(sic) late of Chester Hill in the County of Northumberland aforesaid Gentleman deceased and also all other his hereditaments and real estate Whatsoever situate lying and being in the parish of Alnwick in the said County of Northumberland or elsewhere. Unto Edward Hamp of Alnwick aforesaid Merchant and John Nicholson of Greensfield in the parish of Alnwick aforesaid farmer. Upon the Trusts and two and for the uses intents and purposes thereinafter mentioned (that is to say). Upon Trust that they the said Edward Hamp and John Nicholson or the survivors of them or the heirs Executors or Administrators of such survivor or heir or his Assigns do and should from time to time when occasion should require grant or demise or let the said Hereditaments and premises or any part or parts thereof to such person or persons and for such rents and on such conditions and terms as the said Trustees or Trustee for the time being should seem expedient.

And for the purpose he did thereby give full power to the said Edward Hamp and John Nicholson and the survivors of them and the heirs Executors or Administrators of such survivor on their or his assigns to grant demise and let by Indenture Deed poll or otherwise the said hereditaments and premises or any part or parts thereof to any person or persons for any term or number of years not exceeding seven years in possession or to commence within one year after such granting demising or letting.

~And Upon Further Trust that they the said Trustees for the timed being do and should immediately after his decease enter upon take possession and receive all messuages(sic) Tenements or Dwellinghouses Hereditaments and premises and do and should pay the said Rents and profits thereof half yearly as the same should become due and payable or be received unto his dear wife Catherine Nesbitt or assigns or permit or allow his said wife or her assigns to receive and take the same for her own sole use and benefit during the minority or Day or Days of Marriage of his two daughters Mary and Cecilia Nesbitt which should first happen.

And Upon further Trust that they the said Trustees or Trustee for the time being do and should as and when his two said Daughters should be respectively arrive at Twenty one years of age or be both married as aforesaid pay unto his wife Catherine Nesbitt or her assigns for and during the Term of her natural life one annuity or clear yearly Rent charge or annual sum of Fifty pounds of lawful British out of the Rents or profits arise Or become due and payable from his said Hereditaments and pr4emises full and clear of and from all deductions and abatements whatsoever parliamentary parochial or others by two half yearly payments in the year (that is to say) Martimas(sic) and Whitsuntide the first half yearly payment of the said yearly Rent Charge or annual sum to be made on such of the days and times as should happen  next after is said two daughters Mary and Cecilia Nesbitt arriving at the age of twenty one years or to be married as aforesaid and do and should after payment of the said Yearly Rent Charge or Annual Sum of fifty Pounds so given to his said wife pay the remainder of the said Rents and profits unto his said daughter Mary and Cecilia Nesbitt equal between them share and share alike.

Direction that if the Yearly Rent Charge or annual sum of Fifty pounds or any part thereof should be in arrear and unpaid for the space of twenty one Days next after said Days or times whereupon the same was therefore made payable then and as often as the case should happen then it should be lawful for his said wife and her assigns into or upon the said messuages(sic) Tenements or Dwelling houses Hereditaments and premises or into or upon any parts or parts thereof in the name of the whole or otherwise to enter and there disclaim for the said yearly Rent Charge or annual sum of Fifty pounds or as much thereof as should be then in arrear and also as much thereof as should then be then in arrear and also such further sum or part thereof if any as should be or might become due during her possession under or by means of such entry and distress or distresses then and there found and taken to detain and keep until the said yearly Rent Charge or annual sum of Fifty Pounds.

After such distress or distresses should be so taken to appraise sell and dispose of the distress and distresses or otherwise to deal therewith according to Law in like manner in the case of the distresses for Rent received by lease or common demise for the purpose of paying the same.

Declaration that the said Rent Charge or Annual so given and bequeathed to his said wife was in lieu and satisfaction of all Dower and Thirds at Common Law she might so claim.

And from and immediately after the deceased   of his said wife Catherine Nesbitt.  He gave and devised all his said messuages(sic)  Tenements or dwelling Houses Hereditaments and premises unto his said two Daughters Mary and Cecilia Nesbitt and their Assigns for and during the term of of their antural lives and the life of the longer liver of them without impeachment of or for any manner of waste. And from and immediately after the determination of the Estate in the lifetime of his said two daughters Mary and Cecilia Nesbitt by profiture or otherwise.  To the use of Thomas Grey of Hope House near Alnwick aforesaid Farmer and Thomas Russell of Alnwick aforesaid Builder and their heirs during the lives and longer liver of his aforesaid Two Daughters Mary and Cecilia Nesbitt. Upon Trust to preserve the Contingent uses and Estates thereinafter limited from being Defeated and destroyed for that purpose to make entries and bring actions as occasion should require yet nevertheless to permit and suffer his two said Daughters  Mary and Cecilia Nesbitt and their assigns to receive and take the rents and profits thereof during their lives and the life of the longer liver  of them to and for their own use and benefit. And from and immediately after the deceases of his said two daughters Mary and Cecilia Nesbitt.  He gave and devised all his said Messuages(sic) Tenements f Dwelling houses Hereditaments and premises unto the child or children of his said two Daughters Mary and Cecilia Nesbitt lawfully to be begotten to be equally divided between and amongst them share and share alike as Tenants in Common and not as joint tenants.

Proviso that in case his two daughters Mary and Cecilia Nesbitt should happen to die without issue then in such case he gave and devised all his said Messuages(sic) Tenements or Dwellinghouses Hereditaments and premises unto his said wife Catherine Nesbitt he heirs and assigns forever. And gave and bequeathed unto his said wife Catherine Nesbitt for a during her natural life all his silver plate China Linen Woolen household and furniture of what nature and kind   soever and from and immediately after the decease of his said two Daughters Mary and Cecilia Nesbitt to be equally divided between them and shall share and share alike.

Declaration that all his said Household goods and furniture should be freed and donated of and from the payment of all just debts Funeral Expenses and probate of his will and he gave and bequeathed unto His said wife Catherine Nesbitt and his two Daughters Mary and Cecilia Nesbitt after payment of his just Book Debts and Money and Securities for money also all other the rest residue and remainder of my money personal Estate and effects of what nature or kind soever o be equally divided between and amongst them share and share alike.

Direction that the said Trustees or either of them or their or either of their Heirs Executors Administrators or Assigns should not be answerable or accountable damage which should or might happen or befal(sic) at his said real or Personal Estate of them or any part or separate parts thereof or any sum or sums of money they should respectively receive or disburse by virtue of the Trustees thereby in them reposed respectively unless the sum should happen to be their Wilful default nor one of them for the other of them but each of them for his or their own acts Deeds receipts Disbursements and conduct only and not otherwise.

And that it should and might be lawful for them and each of them by and out of the monies which should respectively receive and also to his and their Trustees and Co Trustee all costs charges and Expences which they or any of them should or might sustain expend or be put onto in and about the Execution of the Trusts thereby in them respectively reposed or in anywise relating thereto.

And he did thereby name and appoint the said Edward Stamp and John Nicholson Trustees and Executors of his Will and also Trustees and Guardians of the persons Fortunes and Estates of his said two daughters Mary and Cecilia Nesbitt by revoking all    other Will and Wills at any time therefore made by him and he declared present abstract writing to be and contain his last Will And testament.

And lastly he did thereby desire and recommend to his said wife Catherine Nesbitt to be kind and attentive unto John Nesbitt and Richardson Nesbitt late of Bitton in the County of Northumberland aforesaid deceased.

Signed and Sealed by the said

George Nesbitt in the presence

Of and attested by 33 witnesses.

Sir David William Smith, 1st Baronet

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The name, signature and reference ‘D.W. Smith’ frequently occurs within Dickson, Archer & Thorp paperwork from the 1820s and 1830s; particularly in relation to transactions involving the Duke of Northumberland (Hugh Percy, 3rd Duke). In a letter, discovered amongst paperwork covering the purchase of premises in Walkergate, Alnwick by the Duke, ‘D.W. Smith’ was referred to as ‘Sir’ and ‘Baronet.’  So, who was D.W. Smith?

David William Smith was the son of Colonel John Smith and his wife, Anne.  Born in Salisbury, Wiltshire, he joined his father’s regiment, 5th Regiment of Foot, as an ensign in 1779.  He married his first wife in 1788 and rejoined his father’s regiment at Detroit in 1790 (at that time, Detroit was still under British rule).  Smith served on the land board in the Hesse District (named after the Hesse region of Germany and subsequently part of Quebec) in 1791 and 1792, was Acting Deputy Surveyor General in 1792 and Surveyor General of Upper Canada in 1798.  He resigned from the army and, in 1792, was elected to the first Parliament of Upper Canada (part of British Canada established in 1791 to govern the central third of the lands in British North America) representing Suffolk and Essex, and went on in 1796 to be elected for the 3rd Riding of Lincoln.  Smith became a Member of the Executive Council of Upper Canada in 1796 and in 1800 was elected to the Legislative Assembly representing Norfolk, Oxford and Middlesex, becoming Speaker from 1796-1801.

An influential and wealthy man, he owned 20,000 acres of land in Ontario, was an established politician, businessman and known to be fair-minded.  He was even the author of the snappy-titled book: “A Short Topographical Description of His Majesty’s Province of Upper Canada in North America to which is annexed a Provincial Gazeteer”!

It would appear he was well-respected, and yet he turned his back on Canada and returned to England in 1802 where he became Land Agent for the Duke of Northumberland and was made a Baronet in 1821. Whether he left Canada due to some political disagreement or his health is unclear, however he did frequently suffer from fever and correspondence within the Dickson, Archer & Thorp collection does often refer to his health. With correspondents wishing him better and, in one letter, describing himself as being “too weak” to become embroiled in lengthy arguments.  These documents were dated between 1827-8, although Smith did not die until 1837.

We would like to thank the volunteer who has kindly cataloged and researched D. W Smith’s correspondence, their blog is a fascinating insight into an engaging character.

James Forster’s Crime

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In the winter of 1855 Messrs. Smith and Appleford were executing a series of contracted works on Alnwick Castle. During the works large quantities of lead went missing and James Forster, a mason working for Messrs. Smith and Appleford, was accused of the crime. He was incriminated by a great quantity of lead found buried in his garden “under suspicious circumstances” by a policeman named P.C Marshall. Following a further search James was also charged with stealing a wedge and piece of zine from his masters.

Alnwick Castle, 1866

James was 54 years old at the time of the theft. He had a wife, Marjory, and two children, Jane aged 19 and William aged 9. James was prosecuted for the theft by Hon. A Liddell and defended by Mr Blackwell. The contractor’s foreman and blacksmith were called to identify the wedge and piece of zine recovered from James’ person, but neither could positively confirm whether these were the missing articles. On this count James was found not guilty. He was then tried for “stealing three stones and a half weight of lead from the roof of Alnwick Castle, the property of his Grace the Duke of Northumberland.” According to newspaper reports “the lead in question was lying on the roof of the Castle, tied up in bundles, and the prisoner was observed by the foreman of the masons to go to one of the bundles and cut off a piece of lead, which he placed in his left jacket pocket.” The foreman immediately reported this to the contractors’ overseer and James’ premises were searched by PC. Marshall that same day. James was sentenced to six months hard labour for this crime.

Alnwick Castle

In 1861, six years after the theft, James and Marjory were residing in Clayport Street with their unmarried daughter Jane (now a dress maker) and Marjory’s mother Jane Spours (aged 80). Jane the elder was listed on the 1861 census as being an Innkeeper from Ellingham. She was also familiar with the law, having been fined in 1857 for keeping her public house open and “selling exciseable liquors during prohibited hours on Sundays.”

Alnwick, 1827

The Forsters had been living in in Clayport Street since at least 1841, where they are listed in the census alongside their four young children:

Martha, then aged 12.

George, then aged 10.

John, then aged 8.

Jane, then aged 6.

Also living in the street in 1841, although not in the same property, was the 60 year old Jane Spours.

Another Forster child, who died in 1841 and most likely before the census, was Robert Spours Forster. He was less than a year old when he became the first Forster to be placed within their family burial plot in Alnwick. In 1849 George Forster, James’ eldest son, also died and was buried in the plot. He was followed in the same year by a third child, Eleanor Forster, who was seven years old. Martha, the Forster’s eldest daughter, became the fourth child to go to the grave young, dying in 1851 aged twenty-two. She was followed by her paternal grandmother, Ann Forster, aged eighty. Finally, in 1863, Jane Spours, the ever-present matriarch, was buried in the plot aged eighty-four.

Having such a large family to feed, and losing so many children in quick succession, may have driven James’ to extreme lengths – including stealing from his own employer. James and Margery’s death dates are not clear, but they were interred in the family plot with their children and mothers.

 

This blog was inspired by a document found within the Dickson, Archer and Thorp papers outlining the crimes of James Forster. We would like to thank the volunteers who have cataloged and researched this piece.

 

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