Monday, September 9, 2013

Will of Thomas Blake, Gentleman, Sherborne, Dorset - The National Archives PROB 11/2195/292, probated 5 Aug 1854

Thomas Blake (the testator) is a cousin to Samuel Blake whose will was blogged two days ago.

Blog: http://kippeeb.blogspot.ca/2013/09/will-of-samuel-blake-yeoman-of.html

Names mentioned in the will:

Eliza Blake, daughter
Samuel Hine of Thickenham, Somerset, executor and trustee
Benjamin Chandler junior, Lawyer, executor and trustee
Ann Denny, daughter
Samuel Blake, son
James Daniel, grandson
Jane Daniel, granddaughter
John Daniel, grandson
Mrs. Jane Daniel, deceased, daughter
E Williams, solictor's clerk, witness
Harriet Sansom, witness

A write up on the Benjafield Family has Thomas Blake, hatter of Sherborne, marrying a daughter (2nd) of Nathaniel Benjafield (proprietor of the Blandford Morning Post) and that the daughter was still living in 1773. Is this perhaps the father and mother of Thomas (present testator).

In this writeup on the will of Thomas Blake I intend to enter all the Blake baptisms, marriages and burials at Sherborne found on the OPC Dorset website for Sherborne.

An interesting document on the National Archives website:

http://www.nationalarchives.gov.uk/A2A/records.aspx?cat=031-dffo_1&cid=-1&Gsm=2012-06-18#-1

[no title]  D/FFO/12/123  1800-1822

1 bundle

Contents:
John Blake of Parsons Green, Fulham, Middlesex
Deed of co-partnership, 1800. (T, J and S Blake as brandy merchants.) Dissolution of partnership, 1816.
Deeds re Bell Inn, Sherborne 1807, 1811. (Penny, Blake, Green). Draft assignment, house in Newland, Sherborne, 1809. (Hewlett, Blake). Castle Inn, Sherborne, 1808, (Blake Light). George Inn, Sherborne, 1812, (Blake, Bellin). Papers in dispute Blake v Bellin, 1812-1817 (for debt). Copy will of Sam Blake of Christchurch, 1811. Letters of administration, 1812. Draft assignment of Bell Inn and Wellington Inn, Sherborne, 1820. (Blake, Fooks). William Blake's release of his share in brewhouse in Long Street, Sherborne, 1820. Assignment of same, 1822. (Woodforde Blake and Cooper).

And another:

[no title]  D/FFO/12/125  1798

1

Contents:
Samuel Blake of Romsey, Southampton. Articles of partnership between Samuel Blake the elder and John and Sam Blake, his sons. (Brewers).

[no title]  D/FFO/12/126  1818
1

Contents:
Thomas Blake of Sherborne. Deeds of co-partnership between Thomas and William Blake and William Cooper, (Brewers).

These pertain to the will of Samuel Blake at Sherborne but this Thomas is his cousin. It may yet be possible to discover their mutual ancestor. It would appear that there was a Thomas Blake and a Samuel Blake at Sherborne prior to the sons of Samuel being there. A further proof of the linkage as the will of Samuel Blake of Christchurch is mentioned. Thomas’ brothers John and William are mentioned as well. It would appear that John may be living at Parsons Green, Fulham, Middlesex in 1800 – 1822.

Baptisms (Parish Church)

Elizabeth Blake daughter of William and Grace 19 May 1651
Ann Blake daughter of William and Grace 10 Nov 1652
Sidney Blake son of William 10 Apr 1654
Thomas Blake son of William 14 Nov 1655

Methodist Baptisms

Eliza Blake daughter of John and Eliza 14 Nov 1796 (born 25 Jul 1796)
Sarah Blake daughter of Thomas and Ann 11 Mar 1798 (born 3 Nov 1797)
Maria Blake daughter of John and Eliza 6 May 1798 (born 1 Jan 1798)
Elizabeth Blake daughter of Thomas and Ann 2 Jun 1799 (born 7 Jan 1799)
Vernon Blake son of John and Elizabeth 23 Dec 1799 (born 3 Dec 1799)

Marriages

William Blake married Grace Whitehead 4 Feb 1638
John Blake (widower otp) married Abigail Jeffery (otp) 25 Aug 1675
Peter Britton (otp) married Ann C Blake (otp) 28 Dec 1685
Oliver Rowden (widower otp) married Abigail Blake (widow otp) 25 Dec 1698
George Blake married Mary Longburton (both otp) 23 Jun 1810
John Daniel of South Petherton, Somerset married Jane Blake (otp) 7 Oct 1828
James Blake (widower otp) married Ann Dibsdall (otp) 3 Jan 1835
John Burnett (otp) married Mary Ann Blake (otp) 2 Jan 1836
William Tucker of St Mary Magdalen Taunton married Sarah Blake (otp) 21 Oct 1836
John Marden of Beaminster married Sarah Blake (otp) 24 Jan 1837

Directory 1823 of Sherborne

Brewer on Long Street – Blake and Cooper
Hatter on Halfmoon Street - Thomas Blake

From Free BMD the marriage of Ann Blake and John Cockram Denny at Sherborne September quarter 1846. The daughter of Thomas Blake is mentioned in the will as Ann Denny.

Transcriber: Elizabeth Kipp
Recorded: 6 Sep 2013
Source: The National Archives, PROB 11/2195/292
Testator: Thomas Blake, Gentleman
Place: Sherborne, Dorset, England
Type of Record: Will
Date of document: 16 Jun 1847, probated 5 Aug 1854
Condition: 19th century English, legible copy

[Margin]: Thomas
[Margin]: Blake
[Margin]: 29

1    This is the last Will and Testament
2    of me Thomas Blake of Sherborne in the County of Dorset Gentleman
3    whereby I revoke all other wills and testamentary dispositions by me at any
4    time heretofore made and do declare this only to be my last Will and
    [Page 2]
5    Testament I give and bequeath to my daughter Eliza Blake all the plate linen
6    glass china books pictures liquors provisions household goods furniture and effects
7    which at the time of my death shall be in or belonging to my dwellinghouse
8    at Sherborne aforesaid and whereas under and by virtue of an Indenture of Settle
9    ment bearing date the day next before the day of the date of this my will and made
10    or expressed to be made between myself of the one part and Samuel Hine of Thick[en]ham
11    in the County of Somers[e]tt and Benjamin Chandler the younger of Sherborne afore-
12    said of the other part I have assigned a Policy of Assurance effected on my life in the
13    West of England Life Fremance Society and have in and by the same Indenture
14    settled and declared certain trusts as well of the said policy and of the monies to become
15    payable thereon as of a certain mortgage debt or sum of £1300 therein mentioned to
16    have been assigned by me and which trusts are for the benefit of my three children
17    Ann Denny the said Eliza Blake and Samuel Blake Now I hereby give and be-
18    queath all the money securities for money rights credits goods chattels and effects not
19    herebefore specifically disposed of and all my Personal Estate and Effects
20    whatsoever of or to which I now am or at the time of my decease may or shall
21    be possessed or entitled either at law or in equity for any estate or interest of which
22    I have power to dispose by this my Will unto the said Samuel Hine and Benjamin
23    Chandler their executors administrators and assigns upon trust that the said
24    Samuel Hine and Benjamin Chandler and the survivor of them and the execu-
25    tors or administrators of such survivor and their or his assigns do and shall as
26    soon as conveniently may be after my decease call in sell and dispose of and convert
27    into money all such and such part of my said personal estate hereinbefore bequeath-
28    ed to them as shall not consist of ready money and do and shall stand and be
29    possessed of and interested in the monies to arise from such calling in sale and dis-
30    position and conversion of and in the ready money of or to which I shall be pos-
31    sessed or entitled at the time of my decease upon trust that the said trustee or trus-
32    tees for the time being of this my will be and shall by and out of the same in the
33    first place pay and discharge my funeral and testamentary expences and all and singu-
34    lar my just debts of every sort and kind and do and shall in the next place retain and
35    pay all the costs charges and expences inexecuted to or to incurred in and about the
36    execution of the trusts of this my will and in the next place in case from any cause
37    whatever any insufficiency or deficiency should occur in the amount of the monies
38    to be received by the trustees of the said Indenture of Settlement so made by me as
39    aforesaid by reason whereof there shall remain after payment of all the costs and
40    expences professional or otherwise to be incurred by the said trustees of the said Inden
41    ture of Settlement any less sum than the clear sum of two thousand three hundred
42    pounds to be held on the trusts thereof then that my said trustee or trustees do and
43    shall set apart such a sum of money as shall be necessary to make good and such
44    insufficiency or deficiency such money to be raised free from legacy duty and every
45    other deduction whatsoever and to be paid in preference to any other other legacy be-
46    foret given or bequeathed it being my meaning and desire that the clear sum of
47    Two thousand three hundred pounds at the least should be held on the trusts of
48    the bond Indenture of Settlement and subject as aforesaid upon trust in case my said
49    son Samuel Blake shall at the time of my decease receive under the trusts of the
50    said Indenture of Settlement any less sum than the sum of Five hundred pounds
51    clear that my said trustee or trustees to and shall set apart and pay to my said son
52    such a sum of money as shall together with ____ ___ to unite as my said son
53    shall so receive as aforesaid under the said Indenture of Settlement make up the
54    full amount of Five hundred pounds and in case my said son shall not at the
55    time of my decease receive any monies under the trusts of the said Indenture
56    Settlement then that my said Trustee or Trustees do and shall pay my said Son
57    the clear sum of five hundred pounds and I direct that whatever sum shall be
58    paid to my said son with the bequest hereinbefore mentioned shall be paid in
59    clear by the said
60    Trustee or Trustees of this my Will not from Legacy duty and in preference to any
61    other legacy hereinafter by me given or bequeathed and upon this further trust
    [Page 3]
62    that my said trustee or trustees do and shall pay to my three grandchildren James
63    Daniel Jane Daniel and John Daniel the children of the late Mrs Jane Daniel the
64    sum of Fifty pounds apiece which I hereby bequeath unto them and subject as aforesaid
65    do and shall stand and be possessed of and interested in all the residue of the said trust
66    Monies and premises In trust for my said son Samuel Blake and my said daughters
67    Ann Denny and Eliza Blake in equal shares yet so nevertheless that the share of
68    the said Ann Denny therein shall be held upon such and the same trust and sub-
69    ject to such and the same powers provisoes agreements and declarations for the be-
70    nefit of the said Ann Denny and her children or other issue born or to be born in
71    my lifetime including the power of appointing by will in favor of any husband of
72    the said Ann Denny as are in and by the said hereinbefore mentioned Indenture of
73    Settlement expressed and contained concerning the sum of one thousand pounds there
74    by settled in trust for the said Ann Denny for her separate use and for her children or
75    other issue as therein mentioned and I hereby nominate and appoint the said
76    Samuel Hine and Benjamin Chandler Executors of this my will and do au-
77    thorise and empower the executors or executor for the time being acting in the
78    execution of this my Will to pay and satisfy any debt owing or claimed to be owing
79    by or from me or my estate and any liabilities to which For my estate may be sub-
80    ject or allowed to be subject upon any evidence they or he may think proper and to
81    Accept any composition or any security real or personal for any debt owing to me or
82    my estate and to allow such time for the payment of any such debt of composition
83    for debt wether with or without taking security for the same as to such acting exe-
84    cutor or executors shall deem reasonable and also to compromise and compound or
85    submit to arbitration and adjust and settle all debts accounts transactions matters
86    and things which shall at the time of my decease be owing or claimed to be owing
87    from or to me or my estate or be departing or arise between me or my said execu-
88    tors or executor and any other person and for any of the purposes aforesaid to enter
89    into give to and execute such deeds or instruments of composition bankrupts certificates
90    releases levies or instruments of submission to arbitration and other instruments
91    acts deeds and things as the said executors or executor for the time being acting
92    in the execution of this my will shall think expedient and to abide by observe and
93    perform or contest or dispute any instrument or transaction which may have been
94    made or entered into as aforesaid or any award to be made in pursuance of any
95    such submission to arbitration as aforesaid and generally to act in relation to the premises
96    in such manner as they or he shall think expedient without being liable for any
97    els which may be occasioned thereby provided always and I hereby declare my will
98    to be that if the said Samuel Hine and Benjamin Chandler or either of them or
99    any future trustee or trustees to be appointed as hereinafter mentioned shall die or be
100    desirous of being discharged from or refuse or become incapable to act in the trust
101    hereby in them reposed as aforesaid then and so often as the same shall happen it
102    shall be lawful for the surviving or continuing trustee for the time being (and for
103    this purpose any trustee or trustees retiring from or declining to act in the aforesaid
104    trusts shall if willing to act in the execution of this present power be considered a
105    continuing trustee or continuing trustees or for the executors or administrators of
106    the surviving trustee for the time being by any writing or writings to appoint
107    any person or persons to be a trustee or trustees in the stead of the trustee or trustees
108    so dying or desiring to be discharged or refusing or becoming incapable to act as
109    aforesaid and that upon every such appointment all the trust premises shall be as-
110    signed and transferred in such manner and so as that the same may be effectually
111    vested in the new trustee or trustees solely or jointly with the surviving or continu-
112    ing trustee or trustees as the case may require and that every such now trustee or
113    Trustees shall have such and the same powers and authorities and direction to all
114    intents effects constructions and purposes whatsoever as if he had been originally
115    named by these presents nominated trustee provided always and I do hereby declare
116    that the trustees hereby appointed to be appointed as aforesaid and their respect-
117    tive heirs executors administrators assigns shall be charged and chargeable
118    respectively only for such monies as they shall respectively actually receive by virtue
    [Page 4]
119    of the trusts of this my Will and any one or more of them shall not be ans-
120    werable or accountable for the other or others of them of for any banker or other
121    person with whom or in whose hands any part of the said trust monies shall be
122    lodged for safe custody or otherwise or for the insufficiency or deficiency of any such
123    security or securities stock funds as aforesaid or for any other involuntary losses and
124    that it shall be lawful for the trustees to retain to and reimburse themselves all
125    costs and expences to be incurred in or about the execution of the aforesaid trusts or
126    in relation thereunto and lastly I do hereby expressly declare that any executor or
127    Trustee of this my Will who shall be of the profession of an attorney at Law or So-
128    licitor shall be entitled to make such and the like professional charges and to retain
129    and receive such and the like fees remunerations and allowances for all professional
130    business transacted in and about the execution of this my will and of the trusts there-
131    of respectively as he would be entitled to make and receive for such business so trans-
132    acted in case he was not in the character of a trustee or executor of my said Will
133    any rule of Law or Equity to the contrary notwithstanding In witness whereof I
134    the said Thomas Blake have to this my last Will and Testament contained in this
135    and the four previous sheets of paper set my hand this sixteenth day of June one
136    thousand eight hundred and forty seven Tho[ma]s Blake Signed by the said
137    testator as his last Will and Testament in the presence of us present at the same
138    time who at his request in his presence and in the presence of each other have
139    hereunto subscribed our names as witnesses J B Chandler
140    E Williams Clerk to Mr B Chandler S[enio]r Sol: Sherborne Dorset
141    This is a Codicil to the last Will and Testament of me Thomas
142    Blake of Sherborne in the County of Dorset Gentleman which will bears date
143    the sixteenth day of June one thousand eight hundred and forty seven Whereas by
144    my Will I have bequeathed all my personal estate and given certain powers to
145    Samuel Hine of Thick[en]ham in the County of Somerset and Benjamin Chandler
146    the younger of Sherborne aforesaid as Trustees and appointed them executors of my
147    Will and Testament the said Benjamin Chandler has since refused to all as such
148    trustee and executor as aforesaid Now I hereby revoke the appointment of the said
149    Benjamin Chandler and appoint my friend John Bice Best of Oborne in
150    Sherborne aforesaid Yeoman to be a trustee and Executor of my said Will in
151    the room and place of the said Benjamin Chandler so refusing to act as aforesaid
152    and I direct and declare that my said Will shall stand and construed in the
153    same manner and shall have the same operation and effect as if the name of
154    the said John Bies Best had been inserted therein instead of the name of the said
155    Benjamin Chandler And whereas I have lately given to my daughter Ann
156    Denny the sum of On hundred pounds previous to her departure from England
157    for Australia I hereby further declare it to be my will that the said sum of One
158    hundred pounds shall be deducted out of her share in that portion of my residue-
159    ary personal property which I have bequeathed her by my said will equally
160    and in equal proportions with my son Samuel Blake and my other daughter
161    Eliza Blake But I confirm my said will in all other respects In witness where-
162    I have hereunder set my hand this twenty ninth day of September one thou-
163    sand eight hundred and fifty two Tho[ma]s Blake Signed by the said
164    Thomas Blake as and for a Codicil to his last Will and Testament in the pres-
165    ence of us also present at the same time who have in his presence hereunto subscri-
166    bed our names as witnesses  Harriet Sansom B Chandler J[unio]r
167    Proved at London with a Codicil 5th Aug 1854 before the Judge on the
168    oaths of Samuel Daniel (in the Will written Samuel Hine) the executor named
169    in the Will and John Bies Best the executor named in the said Codicil to
170    whom admon was granted having been first sworn by Commission duly
171    to administer.

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