Monday, February 13, 2017

Will of Andrew Blake, Merchant, Waterford, Ireland - The National Archives PROB 11/1761, probated 17 Oct 1829

Andrew Blake, the testator, was the son of James Blake and his wife Mary Walsh. James Blake died in the West Indies having left a will dated 18 August 1824. In that will he provided for his grandson James Blake as mentioned in the will below.

Using this information and “A genealogical and heraldic history of the landed gentry of Great Britain and Ireland  by Bernard Burke (published 1906), it was perhaps possible to locate this Blake line as descendant of the Galway Blake family.

“Nicholas Blake settled in Barbados and was an ancestor of James Blake of Waterford who left the West Indies and settled in that city; his son Andrew Blake of Waterford and Ballinamona, Kilkenny, married Mary daughter of Patrick Galway of Waterford.”

The will of James Blake is also available and will be transcribed next. He was the father of the present testator Andrew Blake.

Excerpt from The Law Reports (Ireland), Volume 19, edited by William Green: By the will of James Blake, dated the 18th August, 1824, the lands of Kilmaguage, of which he was seized in fee, were devised to his grandson James Blake afterwards known as James Stanislaus Blake for life with remainder to his first and other sons in tail mail, and with power to him to charge the lands with a jointure of £60 a year and with any sum as portions for his younger children not exceeding the sum of £400 of the late Irish currency.

There does not appear to be any extant original documents linking James Blake to Nicholas Blake son of John Blake, Mayor of Galway.

Andrew Blake, the testator, lists his sons James, Patrick, Andrew, Francis and John and daughter Grace in the will below. He identifies his wife as Mary and she is likely Mary Galway daughter of Patrick Galway.

Transcriber: Elizabeth Kipp
Recorded: 9 Feb 2017
Source:  The National Archives, PROB 11/1761
Name of testator: Andrew Blake, Merchant
Place: Waterford, Ireland
Type of Record: Will
Dated: 14 Apr 1829, probated 17 Oct 1829

[In margin] Andrew Blake 42
[Top] Extracted from the Registry of His Majesties Court of Prerogative in Ireland

1    In the Name of God Amen
2    I Andrew Blake of the City of Waterford Merchant do make this my last Will and
3    Testament in manner following Whereas I am seized in fee of the lands of Ballinamona in
4    the County of Kilkenny subject to a Jointure or Annuity of eighty pounds late currency
5    to my dear Wife Mary Blake under her marriage Settlement of the sixth day of April
6    One thousand Eight hundred and fifteen Now I charge and incumber all my said lands
7    of Ballynamona and all my Estate title and Interest therein and I direct to be paid and
8    payable out of the same and out of the rents issues and profits of said lands of Ballynamona or any
9    part thereof during the natural life of my said dear Wife Mary Blake in case she
10    shall survive me one Annuity or yearly sum of forty pounds St[erlin]g of ____ lawful money
11    of Ireland clear of all deductions and which said Annuity or yearly sum shall be
12    paid unto my said Wife or her Assigns for her own use and benefit during her
13    natural life by equal half yearly payments at every first day of July and first day of
14    Janvier in each and every year the first payment to be made to her on such of said days
15    which first occur after the day of my decease the said sum of forty pounds yearly
16    be paid to her in increase and augmentation of the said Jointure provided for her by
17    her Marriage Settlement hereinbefore mentioned and in case any half yearly payment
18    of said Annuity of forty pounds shall at any time be in arrear and unpaid for the space
19    of twenty one days next after any of the days appointed for the payment thereof as afores[ai]d
20    then and in such case and as often as the same shall so happen that is shall and may be
21    lawful for my said Wife and her Assigns into and upon the said town lands and premises
22    of Ballynamona to enter and distrain and the distress and distresses thereas there found
23    to detail and keep until such arrears and all charges damages and expences
24    affording the taking and keeping of such distress and distresses shall be fully paid and
25    satisfied and in default of payment to sell the same according to law provided always
26    and this Annuity of forty pounds is given by me in manner aforesaid to my said Wife
27    upon the express condition that the same shall be in full bar and discharge of
28    any claim which she could or might have to any part of my personal property
29    whatsoever save as hereinafter mentioned and more particularly to any claim or
30    demand which she could or might have to any share in or of or to my property
31    in the French funds either by the laws of France or this County and in case my
32    said Wife should claim to be entitled to any such share or proportion of my said
33    property in the French funds or other my personal property in France or elsewhere
34    save as aforesaid that then and in such case this devise of said forty pounds per
35    annum to be wholly void and of no effect and the said forty pounds annuity is to
36    sink into the Inheritance of said lands of Ballynamona for the benefit of the person or
37    persons who shall for the time being be entitled to said lands and the possession
38    thereof under the provisions of this my Will and I charge and incumber my said lands
39    of Ballynamona subject to such annual Sum of forty pounds or payable to my said
40    Wife for her natural life with the annual sum of three pounds for ever to be paid
41    and payable from time to time and at all times hereafter to some unbeneficed Roman
42    Catholic priest of the Diocese of Waterford and to be paid to her every fourteenth
43    day of May in every year for ever in order and for the purpose of the Roman Catholic
44    Priest celebrating Masses for my Soul or the Souls of my family publicly in some
45    one of the Parish Chapels of the City of Waterford such Roman Catholic Priest to be
46    named from time to time for that purpose after my death by my said Wife Mary
47    Blake is she be then living or if dead and at all times hereafter after my death and
48    the death of my said Wife to be named by such person or persons who shall become
49    entitled to the possession of said lands of Ballynamona and the rents issues and
50    profits thereof and subject to the said several devises of forty pounds and three pounds
51    as aforesaid and also subject to the several charges of eight hundred pounds hereinafter
52    mentioned I give and devise my said lands of Ballynamona and all my Estate and
53    Interest therein to my eldest Son James Blake and his Assigns for the time of his
54    natural life with Impeachment of Waste with remainder after his death   to the
55    use of the first Son of the body of the said James Blake lawfully to be begotten and
56    the heirs male of the body of such first son lawfully issuing and for default of such
57    issue to the use of the second third fourth and fifth and all and every other the son and
58    Sons of my said Son James Blake lawfully to be begotten severally successively and in
59    remainder one after another as they shall severally be in priority of birth and the
60    heirs male of the body and bodies of all and every such Son and Sons issuing the
61    elder of such Sons and the heirs male of his and their body and bodies being always
62    preferred and to take before the younger of said Sons and the heirs male of his and
63    their body and bodies issuing And for want and in default of such issue of my said
64    Son James Blake then I devise said lands to my two sons Patrick Blake and Andrew
65    Blake and their assigns respectively for and during the terms of their several natural
66    lives each of his own share for his own life in equal shares and proportions as
67    tenants in common and not as joint tenants and of the first and every other Son
68    and Sons of the said Patrick and Andrew Blake respectively of their bodies to be
69    begotten and of the heirs male of such several and respective sons of their bodies lawfully
70    issuing the elder of such Sons and their issue male to take according to seniority of
71    age and priority of birth and that each of my said Sons Patrick and Andrew and
72    their said several sons and their issue male shall hold and enjoy a moiety of
73    said lands respectively in case my eldest Son James dies without issue male in same
74    manner as my said son James and his said Sons and their issue male would and
75    might hold the whole of said lands under the limitations of this my Will But in
76    case either of my said Sons Patrick or Andrew shall be without leaving any such
77    son of his body or having such the said son or sons shall be without leaving
78    issue
79    male as aforesaid than the Moiety of said lands hereby limited to said Patrick or Andrew
80    respectively shall in such event go to the other of them or the Son of such of them as
81    shall become entitled to the other moiety or the male issue of such Son lawfully
82    begotten And in default of such son or sons and their male issue of my said sons Patrick
83    and Andrew I then devise my said lands of Ballynamona to my Son John and his
84    Assigns for the term of his natural life with a like remainder to his first and other
85    Son and their issue male in manner as the said lands are limited to the first and other
86    Sons of my said Son James Blake and their issue male And in default of such
87    issue of my said Son John then I devise said lands to the use of my Son Francis and his
88    Assigns during the term of his natural life with remainder to his first and every
89    other son and their male issue in like manner as the said lands are limited to my
90    said Son James Blake and in default of such issue of my said Son Francis then to my
91    own right heirs for ever But I hereby declare it to be Will and desire and
92    said devise of said lands of Ballynamona in Settlement as aforesaid is made subject
93    to the previous hereinafter mentioned to the rents issues and profits above being
94    made applicable to the payment of my debts and funeral expences after the
95    application of my personal Estate for that purpose and said lands not to be sold for any of such
96    purposes and in order to make a provision for my said younger Children Patrick Andrew
97    John and Francis and my daughter Grace Blake and any other younger child or
98    children who shall be living at the time of my death or born in due time afterwards in
99    addition to their several and respective shares of my personal fortune as residuary
100    legatees as hereinafter mentioned I hereby devise my said lands of Ballynamona in
101    manner hereinbefore mentioned subject expressly to and charged and chargeable
102    with the sum of eight hundred pounds to be paid and payable to each of my said younger
103    children at the age of twenty one years if a Son and if a daughter at the age of
104    twenty one years or day of Marriage which ever shall first happen provided
105    always that if any of my said younger children shall die if a Son before the age
106    of twenty one years or if a daughter before the age of twenty one years or day of
107    Marriage then my Will is that such younger childs share of eight hundred
108    pounds shall not be raised or payable at all out of the rents issues and profits of
109    said lands but same shall sink into the Inheritance of said lands for the benefit
110    of the person or persons who shall be then entitled to same provided also that in
111    case any of my said younger Son or their issue shall at any time under the
112    limitations of this my Will become entitled to my said lands and thereby become an
113    elder Son or represent such elder Son that there and in such case such fortune or sum
114    of eight hundred pounds shall not be raised or paid to such son so becoming entitled
115    to said lands but same shall sink in the inheritance of said lands provided also and
116    my Will is that it may and shall be lawful for my said Son James Blake and for
117    all and every other his said Sons and their Sons and issue male as aforesaid as and
118    when they shall severally and successively by virtue of this my Will be entitled in
119    possession to the freehold of the said lands of Ballynamona when and after they shall
120    have attained the age of twenty one years and be so in possession as aforesaid or
121    entitled as aforesaid although entitled to an Estate for life only by Indenture to be
122    dated and delivered by him or them and attested by two or more credible subscribing
123    Witnesses to devise or lease or appoint by way of devise or lease the said lands of
124    Ballynamona to any person for any term of lives or years if lives not exceeding
125    three lives and if for years not exceeding a term of thirty one years in possession and
126    not in reversion or by way of future interest so as every such devise lease or grant
127    to be made as aforesaid shall be made at the best improved rent of the time of
128    making such rent to be incident to the reversion without taking any fine premium
129    or foregift for the same and so as said lease contained the usual provisos and covenants
130    between Land Lord and tenant Provided always that it may be lawful for such of
131    my sons who shall become seized of such Estate for his life in possession to charge said
132    lands or otherwise limit same for the purpose of making a settlement by way of Jointure
133    for such Wife as he shall either thereafter marry or shall have been theretofore
134    married to at the rate of ten pounds per Annum for every one hundred pounds fortune
135    or portion which she shall actual receive or which he shall have received with
136    such Wife and which shall be made applicable to and in fact bona fide applied im paying
137    off incumbrances created by this my Will in exoneration of said lands of Ballynamona
138    by the payment of the portions hereinbefore created for my said younger children and I
139    hereby further declare it to be my Will and intention that in as much as my said
140    Eldest Son James Blake has been provided for by his Grandfathers Will for his
141    present maintenance and support until the period hereinafter mentioned and
142    appointed by me for his entering into the actual receipt of the rents issues and profits of
143    said lands of Ballynamona after the payment of my debts and other charges hereby
144    created by me on said lands Now my Will is and I direct that the rents issues and
145    profits of said lands of Ballynamona after my death subject however to the payment
146    of said sum of forty pounds a year for my Wifes life and subject to the payment of the
147    annual sum of three pounds for ever shall be allowed to accumulate for the purpose
148    of forming a fund for the payment of my debts in case same shall not be paid out of my
149    personal Estate which personal fortune I charge with the payment of my said debts
150    only and also as a fund for the payment of the several charges and fortunes of eight
151    hundred pounds to each and every of my younger children as aforesaid and such
152    rents issues and profits shall be put out at Interest upon good and sufficient security for
153    the purpose of Creating such fund so that my said lands or any part thereof shall not
154    be sold mortgaged or otherwise disposed of for the payment of said charges or portions for
155    my said younger children in as much as I expressly hereby exempt my personal fortune
156    and Assetts from the payment of the said portions or fortunes of eight hundred pounds
157    for such of my said younger children so I do also expressly direct that these particular
158    sums of eight hundred pounds for each of my said Children which I do charge upon
159    said lands shall be only raised by the accumulation of the rents and profits of same and
160    not by any sale or other disposition of said lands which subject to such application
161    of the rents and profits I have limited in strict settlement to my said Sons as
162    aforesaid And I further Will and direct that each and every of my said younger children
163    who shall be so entitled to such legacy charge or portion of eight hundred pounds
164    respectively shall be paid their respective shares of eight hundred pounds according
165    to their seniority out of such rents or the accumulation as aforesaid and also
166    that they shall during their minorities or for such other period as shall expire
167    before they shall be entitled to be paid their said portions pursuant to the directions
168    of this my Will be paid interest on their said charges or portions at the rate of
169    four pounds per cent per annum for their support and maintenance until they
170    shall be so paid their said legacies and I hereby as to all the rest residue and remainder
171    of my property of what nature or kind soever direct same to be divided between all my
172    children including my eldest Son share and share alike as residuary legatees It being my Will and intention
173    that my said Children shall have my personal property after payment of my debts and
174    funeral Expences divided equally between them share and share alike it being also
175    my Intention that said Sums of Eight hundred which I have charged the rents of said
176    lands with for my younger children shall be in augmentation of such their respective
177    shares of my personal property and that the land itself subject to such charges shall
178    go in settlement to my eldest Son for the time being in augmentation of his share of
179    my said personal property And I desire that the interest of such shares of said
180    residuary property shall be as well as the Interest on their said portions or charges
181    of Eight hundred pounds or so much thereof as shall be deemed necessary for the
182    purpose applied to the support and education of my said younger children until their
183    respective ages of twenty one years if sons and of twenty one years or days of marriage
184    if daughters and I hereby appoint my dear Wife Mary Blake
185    Executors of this my Will And I nominate my said dear Wife Guardian of the person
186    and fortunes of my said children And all and each of them I hereby give and bequeath
187    to my dear Wife Mary Blake all my household furniture plate linen and china of
188    every nature and kind whatsoever to and for her own use for here hereby specifically bequeathed
189    the same to her free clear and discharged from the payment of my debts legacies or
190    funeral expences In Witness whereof I have hereunto subscribed my name and
191    affixed my seal this fourteenth day of April One thousand eight hundred and twenty
192    nine Andrew Blake Signed Sealed Published and declared by the said
193    Andrew Blake as and for his last Will and testament in our presence who in his presence
194    and in the presence of each other at his request have subscribed our Names hereto as
195    Witnesses this fourteenth day of April One thousand Eight hundred and twenty nine
196    James Lee Thomas Power Michael Farrell
197    Having made my Will this day I omitted in it Michael Farrell as one
198    whom I would not wish to forget as I conceive he was a faithful honest and an
199    attentive Servant for upwards of thirty years in my Employment I beg and
200    earnestly request of my trustee and beg that she may allow him during his natural
201    life provided he should be in my Employment at my decease the yearly sum of thirteen
202    pounds per annum out of the issues and profits of the lands of Ballynamona in the
203    County of Kilkenny Given under my hand this 14th April 1829
204    Andrew Blake Witness prost Thomas Power
205    Proved at London with a Codicil 17th October 1829 before the Judge by the
206    Oath of Mary Blake Widow the Relict the sole Executrix to whom Administration
207    was granted being first sworn by Commission duly to administer

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