Page:History and characteristics of Bishop Auckland.djvu/168

 ADDISON'S CHARITY. John Addison, of Bishop Auckland, gentleman, who died on the 29th day of June, 1850, by his will, dated the 16th of January in the previous year, established what is now known as Addison's Charity. The bequest is as follows : — I give and bequeath nnto William Hodgson, of Bishop Auckland, Esquire, the Reverend Matlihew Chester, of Saint Helen's Auckland, in the County of Durham, Clerk, and BaLph Page, William Hutton Seymour, and Henry Tuke, the Bum of six hundred pounds sterling money, upon the trusts and subject to the provisions hereinafter expressed and declared of and concerning the same ; and I declare that the said legacy or sum of money shall be paid at the expiration of six calendar months from the time of my decease, or sooner if my executors shall think fit, without interest, but dear of the legacy duty and all other deductions whatsoever ; and that the same shall be paid in preference to all other pecuniary legacies given by this my will, except those given to charity, and out of such part only of my personal estate as can be legally devoted to charitable purposes ; and also that the receipt in writing of the said trustees or other the trustees or trustee for the time being of the said trust fund shall be a sufficient discharge to my executors for the same, and shall exonerate them from all responsibility in respect of the application or non-application thereof. And I do hereby direct and declare that the said trustees shall stand possessed of the i^d sum of six hundred pounds, upon trust that they do and shall lay out and invest the same at interest, in their names, in or upon such stocks, funds, securities, or other pecuniary investments. Foreign or British, permanent or determinable, as they, having regard to the prudent management of the said trust estate, and to the nature and duration of the trusts hereby created, shall think fit, and the laws then in force concerning charitable uses shall sanction and allow of, and do and shall from time to time, if they in their discretion shall think fit, alt^r, vary, and transpose the said stocks, funds, securities, and pecuniary investments as to them shall seem proper, and do and shall pay, apply, and dispose of the clear yearly dividends, interest, and produce thereof, after thQ payment of the costs and charges incident to and attending the execution of the trusts hereby created, as and when the same shall be received in equal shares and proportions, unto or for the use and benefit of such two poor, honesty industrious, and sober men residing in the pariah of Saint Andrew's Auckland, in the County of Durham, and of not less than of the age of sixty years each, as to the perpetual curate or the incumbent, churchwardens and twenty-four, or sidesmen for the time being of the said pariah, or the major part of them (the said perpetual curate or incumbent being one of such majority), present at a meeting duly convened for that purpose by a previous notice of two clear days at the least, shall from time to time, and as often as occasion shall require, elect, nominate, and appoint. And I do hereby declare and direct that the first appointment of the said persons shall be made within six calendar months from the time of my decease ; and that all and every such appointments, when made, shall be for the Uves of the respective nominees, nevertheless determinable as hereinafter mentioned ; and that on the death of every such nominee a fit and proper person, resident as aforesaid, shall forthwith be elected and appointed in his place in manner aforesaid ; and also that the several persons who shall be so elected and nominated shall continue to reside during the remaindeif of their days in the said parish of Saint AndreVs Auckland. And also that it shall be lawful for the said perpetual curate or incumbent, churchwardens, and sidesmen, or the majority of them (the said perpetual curate or incumbent being one of such majority), present at any meeting duly convened for that purpose by such notice as aforesaid, and they are expressly required, from time to time and as often as occasion shall demand, to expel, remove, and displace such nominees, or any or either of them, for non-residence, habitual inebriety, or gross misbehaviour, of which they, the said perpetual curate or incumbent, churchwardens, and sidesmen, and such migority as aforesaid, shall be the sole and exclusive judges ; and at the same or any subsequent meeting duly convened for that purpose by such notice as aforesaid, to elect and nominate some other fit person or persons resident as aforesaid, to supply the plac^ or places of the person or persons so removed. And thereupon the person or persons so removed and displaced shall thenceforth forfeit and be divested of all estate and interest in the said charity and the funds thereof ; and the person or persons so elected and appointed shall have and be entitled to all the advantages of the said charity during the remainder of his or their life or Hves, in the same maimer and to all intents and purposes as if he or they had been duly elected and nominated on the decease of the person or persons so removed. And also that the said perpetual curate or incumbent for the time being of the said pariah shall have a second or casting vote in all cases of equality of votes. And also that if at any time hereafter the trustees of the said charity shall legally acquire by some other means^ but not by or with any part of the said trust fund, in the said parish of Saint Andrew's Auckland, either a site of freehold, leasehold, or copyhold tenure, adapted for the purpose of erecting and building one large messuage or dwelling-house, or two small cottages or tenements of freehold, leasehold, or copyhold tenure fit for the purposes i^oresaid already erected and built^ then, and in either of such cases, it shall be lawful for, if the laws then in force concerning charitable uses will allow of it, but not by any means obligatory on the said trustees, to appropriate and apply a part of the said trust fund not exceeding one equal fifth part thereof in or towards the erection or building of one large messuage or dwelling-houae, or two small cottages or tenements, for the Digitized by Google