Saturday, October 19, 2013

Will of Malachi Blake, Doctor of Physic, M.D., Taunton, Somerset - The National Archives PROB 11/1976/54, probated 21 Mar 1843

Malachi Blake, the testator, is the nephew mentioned in yesterday’s will. He inherited, for the most part, all of his uncle’s property. I often refer to the portbury Admiral Blake site and this site has given an extra son to Reverend William Blake and Hannah Downing. He does not show up in the wills of either of these two men – as a nephew to Malachi Blake whose will was probated in 1795 nor in the will below where he would be a brother. Hence I have eliminated him from this line although he remains as John Blake (1774-1851) #179 in the tree ( unconnected until I can figure out where he fits in and where the information has arisen. The deceased brother referred to in the will below is William Blake who married first Hannah Jarman and second Elizabeth Jarman. The baptisms of all these children were at Hermitage Street Presbyterian in Crewkerne. This William was buried 18 Feb 1821 according to the above chart and I am still verifying that detail.

The marriage of Mary Blake and John Collins took place in Ilminster 23 Oct 1806 at St Bartholomew and by license. On the 1841 census, there is a John Baker with wife Mary Blake Baker at Ilminster and he is an attorney at law. She was born circa 1810 and that perhaps answers the question of who is Mary Baker below. She would have been the daughter of John Collins and Mary Blake although I could not find her baptism in the records online. The only baptism I found was for Robert Downing Collins youngest son of John Collins and Mary Blake.

These two wills do not mention the Blake family in Blandford Forum although at this point in time they are becoming distant in relationship with their common Blake ancestor their 3x great grandparents. References that were made in the wills of the Blandford Forum Blake family simply mention the name without alluding to the cousin relationship.

When we visited my second cousins in England, they did think of our relationship as somewhat distant. They had large numbers of first cousins and many many aunts and uncles and you could see how that would happen. For myself I have no first cousins and few second cousins so that even third cousins seem like a close relationship!

The use of the name Malachi makes keeping this family line somewhat easier than most.

Names mentioned in the will:

Malachi Blake, Taunton, Doctor of Physic, testator
Mary Blake, wife of Malachi Blake
William Blake, nephew, son of deceased brother [William Blake of Crewkerne]
Elizabeth Blake, niece, daughter of deceased brother [William Blake of Crewkerne]
Margaret Blake, niece, daughter of deceased brother [William Blake of Crewkerne]
Mary Blake, niece, daughter of deceased brother [William Blake of Crewkerne]
Mary Baker, niece, Ilminster
John Baker the younger, husband of Mary Baker, Ilminster, esquire
Hannah Collins, niece
Eliza Tice Collins, niece
Mary Collins, sister,
Blake Collins, nephew
John Collins, nephew
Malachi Collins, nephew
Robert Collins, nephew
George Stone, Taunton, solicitor
W H Mulford, Clerk

Transcriber: Elizabeth Kipp
Recorded: 18 Oct 2013
Source: The National Archives, PROB 11/1976/54
Testator: Malachi Blake, Doctor of Physic, M.D.
Place: Taunton, Somerset, England
Type of Record: Will
Date of document: 7 Feb 1839, probated 21 Mar 1843
Condition: 19th century English, legible copy

[Margin]: Malachi
[Margin]: Blake
[Margin]: M.D.
[Margin]: 20

1    This is the last Will and Testament
2    of me Malachi Blake of Taunton in the County of Somerset Doctor of
3    Physic which I make and publish for the disposal of all my worldly estate and
4    effects in manner following that is to say First I give and bequeath unto my
5    dear and affectionate wife Mary Blake all my household goods and furniture
6    whatsoever and wheresoever plate jewels linen and china books prints and
7    pictures wines and other liquors carriage with its furniture and appurtenances
8    to and for her own use and benefit All and singular my messuages tenements lands
9    and hereditaments whether freehold customary freehold copyhold or leasehold
10    and wheresoever of which I may be seized or possessed or over which I may
11    have any power of disposition and appointment by virtue of any deed of
12    settlement surrender will or other instrument (and which power without
13    referring particularly thereto I hereby intend fully to exercise) and all my
14    monies and securities for money mortgages in fee and other mortgages and
15    all other my personal Estate and Effects whatsoever of which I may die
16    possessed I direct and appoint give and devise the same to my said wife Mary
17    Blake and her assigns for and during the term of her natural life and from and
18    immediately after the decease of her my said wife To the use of such person or per-
19    sons for such estate or estates interest or interests and in such parts shares and pro-
20    portions manner and form as she my said wife shall by any deed or deeds wri-
21    ting or writings or by the last will and testament in writing or any writing
22    in the nature thereof or any codicil thereto direct limit or appoint give devise
23    or bequeath the same And in default of any such direction limitation or appoint-
24    ment gift devise or bequest by her my said wife Then as to for and concerning
25    all and singular my said freehold customary freehold copyhold and leasehold messuages tenements
26    lands and hereditaments of which I may be seized or possessed of or entitled to
27    as aforesaid and every of them with their appurtenances I direct and appoint
28    give and devise the same unto my nephew William Blake (son of my late
29    deceased brother) his heirs and assigns for ever according to the nature and
30    tenure thereof respectively And as to my monies and all other my personal
31    estate (except my chattel real hereinbefore disposed of) I give and bequeath
32    the same as follows To my nieces Elizabeth Margaret and Mary Blake all of
33    Crewkerne in the said County daughters of my said late brother the sum of
34    one thousand and five hundred pounds and To my niece Mary Baker the
35    wife of John Baker the younger of Ilminster in the said County Gentleman
36    the sum of one thousand and five hundred pounds for her own sole and separate
37    use and to be by her settled in such way as she my said niece may think fit
38    to my nieces Hannah Collins and Eliza Tice Collins daughters of my sister Mary
39    Collins the sum of one thousand and five hundred pounds each And I hereby direct
40    that all the before mentioned legacies be paid by my executor hereinafter named
41    within twelve months after the decease of my said wife Also I give and bequeath
42    to my nephew Blake Collins the clear yearly sum of seventy pounds for and
43    during his life To my nephew John Collins the clear yearly sum of Seventy pounds for and during the term of his life To my nephew Malachi Collins the like yearly sum of seventy
44    pounds for and during his life and to my nephew Robert Collins the like sum
45    of seventy pounds for and during his life the said several annuities to be paid
46    half yearly by equal payments in every year by my executor and a proportionate
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47    payment (if any) as shall be accruing and not have actually accrued due at the time
48    of the decease of either of the said annuitants respectively the first payment of each
49    of the said sums to begin and be made at the expiration of twelve months after the
50    decease of my said wife and I charge the residue of my personal estate with the
51    payment thereof respectively provided nevertheless and my will further is that
52    each of the said annuities shall be paid into the proper hands of each of my
53    said nephews from time to time as the same shall become due and that the receipt
54    of my said nephews only shall be good and sufficient discharges to my executor
55    for payment thereof And my will also is And I declare that in case either of
56    my said nephews shall grant bargain sell transfer assign alien encumber or
57    in any manner dispose of or anticipate his said annuity or any part thereof
58    the annuity of such of my said nephews so being shall immediately cease
59    and be void to all intents and purposes in such manner as if the same had not
60    been mentioned in this my will or as if my said nephew were actually
61    dead provided also and I declare my will to be that in case either of my
62    said nephews shall become bankrupt or take the benefit of any act made or to
63    be made for the relief or discharge of insolvent debtors that then and in either
64    of the said cases the said annuity of such of my said nephews so becoming
65    bankrupt or taking the benefit of such act shall cease and be at an end unless
66    or until my said nephew who shall so become bankrupt or take the benefit
67    of such act shall or may be entitled to or shall be in a capacity to receive the
68    said annuity for his own private use notwithstanding such events or either
69    of them may have happened it being my intention that the said annuity
70    shall be for the private use and benefit of my said nephews and not be in
71    any manner transferrable to or for the use of any other person or persons
72    whomsoever provided also and it is my will that in case any or either of
73    my said nephews shall depart this life leaving any child or children lawful-
74    ly begotten living at the time of his death Then I give and bequeath the sum
75    of one thousand and five hundred pounds unto and equally between the
76    children of my said nephew so dying as tenants in common and not as joint
77    tenants and if but one such child then to such only child And I hereby direct
78    that the said sum of one thousand and five hundred pounds shall be paid
79    and payable on their his or her attaining the age of twenty one years and
80    in case of the death of any or either of the child or children of my said nephew
81    so dying as aforesaid under the age of twenty one years then all and every
82    the share and shares of him her or them so dying shall accrue to the survivors
83    or survivor or others or other of the said children if more than one and the
84    same shall become vested and payable at such ages days or times as
85    their or his or her original shares respectively become vested and payable
86    as aforesaid and shall together with the original share or shares until
87    such age be subject to a similar choice or condition of accrue and survivor
88    ship And in case any or either of my said nephews shall die leaving any child
89    or children lawfully begotten as aforesaid and all such children or if only one
90    such child shall die under the age of twenty one years then the said sum
91    of one thousand and five hundred pounds so given shall sink into and form
92    part of my residuary estate and be subject to such disposition thereof as is
93    hereinafter expressed And it is my will and I hereby direct that in case any
94    or either of my said nephews shall die leaving any child or children
95    lawfully begotten under the age of twenty one years it shall be lawful for
96    my executor to pay and apply the interest dividends and proceeds of the said
97    sum of one thousand and five hundred pounds in or towards his or her
98    maintenance education and advancement in the world during his or her
99    minority And I do declare it to be my will that no family of any or either of
100    my said nephews so dying shall receive more than the sum of one thousand and five
101    hundred pounds under this my will All the rest residue and remainder of my
102    estate and effects (after payment of my just debts funeral and testamentary
103    expences the said several legacies by me hereinbefore given and also the said
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104    annuities of whatever nature or kind the same may be and wheresoever) I
105    give and bequeath unto my said nephew William Blake his heirs executors adminis-
106    trators and assigns to and for his and their own absolute use and benefit And I
107    hereby nominate constitute and appoint him my said nephew William Blake sole
108    Executor and Residuary Legatee of this my will And I hereby confirm the
109    settlement made on my said wife at the time of her marriage And declare that
110    the provision made for her by this my will is in addition to any she may be
111    entitled under such settlement And I hereby revoke all other wills by me at any
112    time heretofore made and declare this to be my last will and testament In witness
113    whereof I have to this my last will and testament contained in four sheets of
114    paper to three first sheets thereof set my hand and to this fourth and last sheet
115    set my hand and affixed my seal this seventh day of February December one thousand eight
116    hundred and thirty eight nine M Blake Signed sealed published and declar-
117    ed by the said Malachi Blake the testator as and for his last will and testament in
118    the presence of us who at his request in his presence and in the presence of each
119    other have hereto subscribed our names as witnesses the words “copyhold and
120    leasehold” between the ninth and tenth lines from the bottom of the first sheet the
121    words “so dying” between the eight and ninth lines from the top of the fourth
122    sheet and the word “given” between the eleventh and twelfth and thirteenth lines of the same
123    sheet having been first interlined the word “December” being struck
124    through and the word “February” also first interlined and the word “eight”
125    being also first struck through Geo: Stone of Taunton Sol[icito]r W H Mulford
126    his Clerk
127    Proved at London 21st March 1843 before the Judge by the oath of
128    William Blake Esquire the nephew the sole Executor to whom Administra-
129    tion was granted having been first sworn by Commission duly to administer.

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