Thursday, October 24, 2013

Will of Mary Blake, widow, Taunton, Somerset - The National Archives PROB 11/2007/27, probated 11 Nov 1844

Mary Blake is the testatrix and she is the widow of Malachi Blake whose will was blogged a few days back:

http://kippeeb.blogspot.ca/2013/10/will-of-malachi-blake-doctor-of-physic.html

Malachi Blake is in a collateral line to Admiral Robert Blake and in general he left his property to his nephew William Blake and named him as executor. However, his property was to remain with his wife until her death and then with her blessing would pass to William Blake or other as she saw fit. But she has followed her husband’s wishes and William is to inherit the bulk of the estate of Malachi Blake.

Names mentioned in the will:

Mary Blake, testatrix, widow of Malachi Blake, Taunton
John Locke, father, deceased
William Blake, nephew, son of deceased brother in law William Blake
Elizabeth Robberds, niece, daughter of deceased brother in law William Blake
Margaret Blake, niece, daughter of deceased brother in law William Blake
Mary Blake, niece, daughter of deceased brother in law William Blake
William Blake Collins, nephew, son of sister in law Mary Collins
John Collins, nephew, son of sister in law Mary Collins
Malachi Collins, nephew, son of sister in law Mary Collins
Robert Collins, nephew, son of sister in law Mary Collins
Downing Blake, nephew, Holway, son of deceased brother in law William Blake
S F Hatter, witness
William Baker, solicitor Taunton, witness

Interesting that Mary did not leave anything to non Blake relatives but she was perhaps heiress to her father John Locke. I haven’t investigated that aspect.

Transcriber: Elizabeth Kipp
Recorded: 22 Oct 2013
Source: The National Archives, PROB 11/2007/27
Testator: Mary Blake, widow
Place: Taunton, Somerset, England
Type of Record: Will
Date of document: 7 Feb 1839, probated 11 Nov 1844
Condition: 19th century English, legible copy

[Margin]: Mary
[Margin]: Blake
[Margin]: 20

1    This is the last Will and Testament
2    of me Mary Blake of Taunton in the County of Somerset widow whereas
3    Malachi Blake late of Taunton aforesaid doctor of Physic my deceased
4    husband by his last will and Testament in witness bearing date on or
5    about the seventh day of February one thousand eight hundred and
6    thirty nine and duly executed and attested as by law as required after
7    giving to me all his household goods and furniture plate jewels linen
8    china books prints and pictures wines and other liquors and carriage
9    with its furniture and appurtenances for my own use directed and
10    appointed gave and devised all and singular his messuages tenements
11    lands and hereditaments whether freehold customary freehold copyhold
12    or leasehold and wheresoever of which he might be seized or possessed
13    or ever which he might have any power of disposition and appoint-
14    ment by virtue of any deed of settlement surrender will or other
15    testament (and which power without referring particularly thereto
16    he thereby intended fully to exercise) and all his monies and securities
17    for money mortgages in fee and other mortgages and all other his
18    personal estate and effects whatsoever of which he might die possessed
19    to me his wife Mary Blake and my assigns for and during the term
20    of my natural life and from and immediately after my decease to the
21    use of such person or persons for such estate or estates interest or interests
22    and in such parts shares and proportions manner and form as I his
23    said wife should by any deed or deeds writing or writings or by
24    my last will and Testament in writing or any writing in the
25    nature thereof or any Codicil thereto direct limit or appoint give
26    devise or bequeath the same and in default of any such direction
27    limitation or appointment gift devise or bequest by me his said wife the
28    said testator appointed devised and bequeathed the same as in his said
29    will expressed and the said testator appointed his Nephew William
30    Blake sole executor of his said will and thereby conferred the settlement
31    made on me at the time of my marriage and declared that the
32    provision made for me by his said will was in addition to any I
33    might be entitled to under such settlement Now by tone and virtue
    [Page 2]
34    and in exercise and execution of the hereinbefore vested power or
35    authority given or reserved to me by the aforesaid will of my said late
36    husband and of every power or authority given or reserved to me by my
37    marriage settlement and also by the will of my late Father John Locke and
38    of all other powers and authorities enabling me in his behalf I the said
39    Mary Blake by this my last will and Testament or Testamentary appoint nominate
40    in witness give devise limit and appoint unto the said William Blake all
41    my messuages lands tenements and hereditaments whether of freehold
42    reversionary freehold copyhold or any other tenure and whether in possession
43    reversion remainder or expectancy and all real estate whereof or wherein
44    I am or hereafter may be or any person or persons in trust for me is are
45    or hereafter may be seized or interested or ever which I now have or
46    hereafter may have any deposing power with their and every of their
47    tights members and appurtenances to hold my said tenaments herewith
48    tents and real estate (subject nevertheless as to my said freehold
49    hereditaments as hereinafter mentioned) unto and to the use of the said
50    William Blake his heirs exors admors and assigns absolutely but if
51    he said William Blake shall die in my lifetime having a child or
52    children living at the time of my death I give devise limit and appoint
53    all my said tenaments hereditaments and real estate unto and to the use
54    of such child or children and their respective heirs exors admors and assigns
55    in equal shares if more than one as tenants in common and if the
56    said William Blake shall die in my lifetime without leaving any child
57    living at the time of my death then I give devise limit and appoint all
58    my said tenements hereditaments and real estate unto and to the use
59    of such of my said husband’s Nieces Elizabeth Robberds Margaret
60    Blake and Mary Blake as shall be living at the time of my death
61    and the issue then living of such of them as shall have died before that
62    time leaving issue and their respective heirs exors admors and assigns
63    in equal shares as tenants in common such issue to take per stirpes
64    as tenants in common if more than one the share or respective shares
65    duly which their his or her parent or respective parents would have
66    been entitled to if living and if any such issue or any child or children
67    of the said William Blake becoming entitled as aforesaid shall be
68    under age I empower my trustee hereinafter appointed to apply
69    the annual income against from his her of their share or respective
70    shares for his her or their maintenance and education during
71    minority in such manner as the said trustee shall think proper and
72    in order the better to enable such trustee to execute this trust I give
73    to him the share of respective shares of such minor child children or
74    issue during minority as aforesaid with power to receive the said
75    annual income and give effectual discharges for the same and also
76    to let the same share or shares either from year to year or for any
77    term not exceeding twenty one years at best rent subject to such
78    revenues or stipulations as may be deemed expedient also I give
79    bequeath and appoint unto William Blake Collins one of the nephews
80    of the said Malachi Blake the sum of one thousand pounds also I
81    give bequeath and appoint unto John Collins another Nephew
82    of the said Malachi Blake the sum of one thousand pounds also
83    I give bequeath and appoint unto Malachi Collins another Nephew
84    of the said Malachi Blake the sum of one thousand pounds also I
85    give bequeath and appoint unto Robert Collins (another Nephew of
86    the said Malachi Blake) the sum of one thousand pounds and I
87    declare that all legacy duty payable in respect of the several
88    pecuniary legacies hereinbefore bequeathed and all expences
89    incidental thereto shall be paid out of my residuary personal estate
90    and if the personal estate of which I shall be possessed at the time
    [Page 3]
91    of my death shall not be sufficient to satisfy the four several legacies of
92    one thousand pounds each hereinbefore bequeathed to the said
93    William Blake Collins John Collins Malachi Collins and Robert Collins
94    and the legacy duty thereon and also my debts funeral and testamentary
95    expences I hereby expressly charge and subject all my freehold tenements
96    and hereditaments hereinbefore appointed and devised (but not my customary
97    freeholds or copyholds) with and to the payment of the same
98    legacies duty debts and expences or of so much thereof respectively as my
99    personal estate shall be insufficient to satisfy and as to and concern-
100    ing all the Residue and remainder of my monies securities for
101    money furniture Goods plate prints pictures china goods chattels personal
102    estate and effects whatsoever not hereinbefore effectually disposed of
103    of which I shall be possessed at the time of my decease or over
104    which I have or may hereafter have any power of appointment
105    or disposition subject to the payment of my debts funeral and testamen-
106    tary expences and the several legacies bequeathed by this my will I
107    give bequeath limit and appoint the same unto the said William
108    Blake to and for his own absolute use and benefit Also I give and
109    devise limit and appoint unto the said William Blake and his heirs
110    all estates tenements and hereditaments which shall at my decease
111    be vested in me as a trustee or mortgaged subject to the trusts and
112    equities aftertime the same respectively and appoint the said
113    William Blake sole Executor of this present and in case the said
114    William Blake shall die in my lifetime then I appoint Downing
115    Blake of Holway near Taunton aforesaid Esquire Executor of this my
116    will and also trustee for the contingent purposes and in the manner
117    hereinbefore mentioned and in case of such decease of the said William
118    Blake in my lifetime as aforesaid then I devise to the said Downing
119    Blake the estates vested in me as mortgagee or trustee as aforesaid and to have and to hold to
120    the use of the said Downing Blake his heirs and assigns subject to the
121    equities and trusts affecting the same respectively and in case of his
122    dying or becoming unwilling or unable to execute the trusts hereby
123    vested in him or in case of any future vacancy or vacancies encurring
124    therein by the death incapacity or resignation of any trustee I
125    authorize my personal representative for the time being to supply
126    such vacancy or vacancies and lastly I revoke all former wills or
127    testamentary dispositions made by me and declare this alone to be my
128    last will and Testament In Witness whereof I the above named Mary
129    Blake the testatrix have to this my last will and Testament contained
130    in this and the two preceding sheets of paper set my hand the twenty
131    ninth day of March in the year of our Lord one thousand eight
132    hundred and forty four Mary Blake Signed and published
133    by the said Mary Blake the testatrix as her last will and Testament
134    in the presence of us present at the same time who in her presence
135    and in the presence of each other have hereunto subscribed our
136    names as witnesses S F Hatter  W[ilia]m Baker Solr Taunton
137    Proved at London 11th Nov 1844 before the Judge by the Oath of William
138    Blake Esquire the sole Executor to whom admon was granted having been
139    first sworn by Com[missi]on duly to administer.

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