Wednesday, October 16, 2013

Will of John Durell Blake, Gentleman, Whitelackington, Somerset - The National Archives PROB 11/2095/336, probated 7 Jul 1849

This will by John Durell Blake (present testator) and that by Durell Blake are confusing to me. Are they the same person?

Blog of will of Durell Blake:

The only death I find in Chard Registration District is for a John Durell Blake March quarter of 1848. The actul date being 1 Mar 1848. He was 26 years old according to the obituary in The Taunton Courier, Wednesday, 15 Mar 1848. This will written six months after the blogged will above is slightly different. This will was probated first with the blogged will above being probated five days later.

In this will he is remembering Julia Caroline (Durell) Blair who was married to James Blair 14 Jun 1840 and was also his sister along with his sister Jane (Durell) Poole whose husband George was one of the executors of both wills and John Durell Blake was living at their farm named White Lackington near Ilminster which is in Chard Registration District.

His wife Mary is not mentioned in this will but is mentioned in the earlier will. The only death I find for a Mary Blake is in Langport Registration District December quarter 1847 (Ilminster is just nine miles away from Langport).

It would appear that John Durell Blake and Durell Blake are the same person. I wondered if somehow Daniel Blake had been confused in the writing of the will but this does not appear to be the case. Some claim that Daniel was a brother to John Durell Blake but no mention of him in either will.

Transcriber: Elizabeth Kipp
Recorded: 14 Oct 2013
Source: The National Archives, PROB 11/2095/336
Testator: John Durell Blake, Gentleman
Place: Whitelackington, Somerset, England
Type of Record: Will
Date of document: 24 Feb 1848, probated 7 Jul 1849
Condition: 19th century English, legible copy

[Margin]: John
[Margin]: Durell
[Margin]: Blake
[Margin]: 20

1    This is the last Will and Testament
2    of me John Durell Blake now residing at White Lackington
3    Court Farm near Ilminster in the County of Somerset Gentleman In
4    the first place I direct all my just debts and funeral and testamentary
5    expences to be paid as soon as conveniently may be after my decease And
6    I charge all my real and personal Estate and Effects with the payment
7    thereof And I give and bequeath all my real and personal estate
8    property and effects whatsoever and wheresoever unto and to the use
9    of Daniel Boys and Frederick Lewes Austen both of Ely Place in the
10    County of Middlesex Gentlemen their heirs executors administrators and
11    assigns respectively according to the several natures tenures and qualities
12    of the proceeds But nevertheless upon and for the trusts intents and
13    purposes hereinafter declared and expressed via[ a vi]t Upon Trust that they
14    the said Daniel Boys and Frederick Lewes Austen or the survivor of
15    them or the heirs executors or administrators respectively of such
16    survivor or other the trustees or trustee for the time being of this my Will
17    do and shall collect receive and get in all such parts of my personal
18    estate as shall not be in their nature saleable and as to my real Estate
19    or property of the nature of real Estate I empower my said trustees or
20    trustee at such time or times as they or he shall in their or his sole and
21    uncontrolled discretion think fit to make sale and absolutely dispose of
22    or otherwise convert the same into money and that whether and
23    although such real Estate or other property may be held for life only
24    for any other defeasible or determinable estate or interest and whether
25    and although the same may be contingent or reversionary either by
26    public auction or private contract or partly in one way and partly in the
27    other and either altogether or in parcels and generally in such way and
28    manner in all respects and under and subject to such special conditions or
29    stipulations as to title or otherwise as they or he shall in their or his
30    sole and uncontrolled discretion think fit and as they or he might or
31    could do or have done in case they or he were the sole and absolute
32    owners or owner thereof with full liberty for them or him to buy in
33    premises or any of them at any public auction and wholly to rescind or
34    partially to alter and vary the terms of any contract for the sale thereof
35    or of any of them and again to sell the same in manner aforesaid
36    without being answerable for any loss or diminution of price or expences
37    to be sustained or incurred thereby and as to the net monies to arise or be
38    procured by the means aforesaid after answering and satisfying all my
39    just debts and funeral and testamentary expences and as to all my
40    estate and property whatsoever devise and bequeathed as aforesaid
41    my will is that my said trustees or trustee do and shall stand possessed
42    thereof respectively Upon the trusts and for the intents and purposes
43    following that is to say as to three equal undivided fifth parts or shares
44    thereof the whole of my property for this purpose being considered as
45    divided into five equal parts Upon Trust for the sole and separate use
46    and benefit and free disposal of my sister Julia Caroline Durell the
47    wife of James Blair and so as not be to subject to the debts control
48    engagements or interference of her present or any future husband and
49    to be assigned disposed and converted as she, nowithstanding any
50    coverture, her heirs executors or administrators shall from time to time
51    direct and as to the remaining two equal undivided fifth parts or shares
52    of my said estate and property Upon Trust for the sole and separate use
53    and free disposal of my sister Jane Poole the wife of George Poole of
54    White Lackington aforesaid and so as not to be subject to the debts
55    control engagements or interference of her present or any future
56    husband and to be assigned disposed and conveyed notwithstanding
    [Page 2]
57    her coverture as she her heirs executors or administrators shall from
58    time to time direct Provided always and I do hereby expressly declare that
59    it shall be lawfull for the trustees or trustee for the time being of this my
60    Will at their or his sole and uncontrolled discretion to adjust and finally
61    settle and determine in such manner and upon such terms and conditions
62    as they or he shall in their or his judgement think fit and expedient all questions
63    disputes and suits if any such there be of and concerning or with respect to
64    my real and personal estate and effects or any part thereof respectively or in
65    any charges or incumbrances or alleged charges or incumbrances upon or
66    affecting the same respectively or any part thereof respectively and to make
67    such arrangements relative thereto and to the division and partition of
68    such estate and effects or any part thereof respectively with the owner or
69    owners of any other share estate or interest of or in the same respectively
70    or of the purchase money to arise from the sale of the entirety thereof and to
71    do and execute and cause to be done and executed all such acts deeds
72    conveyances assurances matters and things as shall or may be deemed
73    necessary or expedient in that behalf as fully and effectually in all respects
74    and to all effects constructions and purposes whatsoever as they or he might
75    or could do or have done if they or he were the sole and absolute owners
76    or owner thereof and if they or he shall deem such a course preferable
77    or necessary or expedient then to act under the direction of a Court of
78    Equity or the Sanction of a private Act of Parliament some part of
79    property and the nature and extent of my rights and interests to and in
80    it being as I am fully aware of a complicated and intricate and
81    uncertain nature Provided always and I do hereby declare my Will to be
82    that the receipt or receipts in writing of the trustees or trustee for the time
83    being of this my Will shall be a good and effectual release and discharge
84    for all and singular the monies which shall come to their or his hands
85    by virtue of or under this my Will or any of the trusts powers or
86    authorities herein declared or contained or for so much of such monies
87    as in such receipt or receipts respectively shall be acknowledged to be
88    received and that the person and persons paying such monies and
89    taking such receipt or receipts for the same as aforesaid shall not
90    afterwards be obliged to see to the application or be in anywise answer-
91    able or accountable for the loss of misapplication thereof or of any part
92    thereof And it is my Will that the said Daniel Boys and Frederick
93    Lewes Austen and their respective heirs executors and administrators
94    ahall be charged and chargeable only for such monies as they respectively
95    shall actually receive by virtue of this my Will or any of the trusts
96    powers or authorities afore said notwithstanding this their or any of their
97    signing or joining in any receipt or receipts for the sake of conformity and
98    that each of them shall be answerable for himself and his own acts and
99    wilful defaults only and that they or any of them shall not be answer-
100    able for any bank banker broker or any other person in which or in
101    whose hands all or any of the said trust monies shall or may be
102    deposited nor for the insufficiency or deficiency of any fund or security
103    in or upon which the said trust monies may happen to be invested
104    nor for any other misfortune loss of damage which shall or may happen
105    in or about the execution or the exercise of the aforesaid trusts or powers
106    or any of them in relation thereto except the same shall happen by or
107    through their own wilful default respectively and that it shall and may
108    be lawful to and for the trustees aforesaid respectively and their respective
109    heirs executors and administrators to retain to and reimburse themselves
110    respectively and to allow to their respective Cotrustee and Cotrustees all
111    costs charges damages and expences whatsoever which they respectively
112    shall or may sustain suffer expend or disburse in or about the execution
113    or exercise of the aforesaid trusts or powers or any of them or in relation
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114    thereto and especially that the said Daniel Boys and Frederick Lewes
115    Austen respectively and any future Trustee of this my Will who shall
116    or may be an Attorney or Solicitor shall be entitled to make the same
117    professional charges and to receive the same fees and allowances for any
118    business transacted for or relating to my Estate and Effects as they respectively
119    would be entitled to make and receive if they respectively were not such
120    trustees any rule or maxim of Courts of Equity to the contrary notwith-
121    standing And I make and appoint the said Daniel Boys and
122    Frederick Lewes Austen and likewise the said George Poole Executors
123    of this my Will and hereby revoking all former and other Wills be me
124    at any time heretofore made I declare this to be my last Will and
125    Testament In witness whereof I the said John Durell Blake the Testator
126    have to this my last Will and Testament contained in five sheets of
127    paper set my hand this twenty fourth day of February in the year of
128    our Lord one thousand eight hundred and forty eight John Durell
129    Blake Signed and acknowledged by the above named John
130    Durell Blake the Testator as and for his last Will and Testament in the
131    presence of us (both of us being present together at the same time) who in
132    his presence at his request and in the presence of each other hereunto
133    subscribe our names as witnesses thereto C H Meetes Ilminster
134    M.Q. Will[ia]m John Martin Clerk to Mess[ieur]rs Hale Boys and Austen Ely
135    Pleece Holborn
136    Proved at London 7th July 1849 before The Worshipful Frederic
137    Thomas Pratt Doctor of Laws and Surrogate by the oath of George
138    Poole one of the Executors to whom Admon was granted having been
139    first sworn duly to administer Power reserved of making the like grant
140    to Daniel Boys and Frederick Lewes Austen the other Executors when they
141    shall apply for the same.

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