Tuesday, February 14, 2017

Will of James Blake, Rope Maker, Waterford, Ireland - The National Archives, PROB 11/1717, probated 25 Oct 1826

James Blake, the testator, is the father of Andrew Blake whose will was blogged yesterday.


He mentions his eldest Son Thomas, his grandson James Blake, his son Andrew Blake and his grandchildren Hurley.

Transcriber: Elizabeth Kipp
Recorded: 13 Feb 2017
Source:  The National Archives, PROB 11/1717
Name of testator: James Blake, Rope Maker
Place: Waterford, Ireland
Type of Record: Will
Dated: 18 Aug 1824, probated 25 Oct 1826

[In margin] James Blake 24

1    In the Name of God Amen I James
2    Blake of the City of Waterford Rope Maker being in good bodily health and
3    of Sound and disposing mind memory and understanding (for which I think
4    the Lord God) do make and Publish this my last Will and testament in
5    manner and form following that is to say I direct that all my just debts and
6    Funeral Expences shall be paid by my Executors as soon as convenient
7    after my death and that my body shall be decently buried without pomp
8    Parade or show and as to all the property Estates and Substance of every
9    kind with which it hath pleased God to bless me and of which I shall die
10    possessed of or entitled to I give and dispose of the same and every part
11    thereof as follows that is to say I give and bequeath unto Thomas Mc
12    Cheane of the City of Waterford Merchant and to his heirs Executors
13    and Administrators all and Singular my Freehold Estates and farms
14    for Years wheresoever Situate and all my title and interest therein
15    Upon trust however and to and for the following uses and purposes and
16    for none others whatsoever that is to say my Freehold Estate and
17    Interest in the lands of Kilmaguage Situate in the Barony of Gaultier
18    and County of Waterford Upon trust to permit and Suffer my Grandson
19    James Blake the Son of my Son Andrew Blake soon as he shall have
20    attained the Age of twenty one Years to take and receive to his own
21    use all the rents issues and Profits thereof for and during his life Subject
22    however to the varying Annuities hereinafter mentioned and Provided
23    for the use of my Eldest Son Thomas Blake and his Family and from
24    and immediately after the death of my said Grandson James Blake
25    upon trust to the use of my said trustees and his heirs to preserve the
26    Contingent Estates hereinafter limited from being defeated or
27    destroyed but yet to permit my said Grandson James Blake to receive
28    to his own use all the rents issues and profits thereof for and during his
29    natural life Subject to the said varying Annuities hereinafter mentioned
30    and from and after the death of my said Grandson James upon trust Subject
31    as aforesaid to the use and behoof of the first and every other Son of
32    my said Grandson James Successively and respectively one after the other
33    and the heirs male of their respective bodies according to
34    priority of birth and Seniority of Age and for want of any such issue
35    male of my said Grandson James Upon trust to the use of the issue
36    female of the body of my said Grandson and the heirs of their respective
37    bodies in equal Shares as tenants in Common and in failure of any
38    issue male or Female of my said Grandson James Upon trust to the
39    use of one or more of the other Children of my said Son Andrew Blake
40    in Such Shares and proportions and Subject to such Provisoes limitations
41    and Conditions as my said Son Andrew shall by any writing under his
42    hand and Seal attested by three Subscribing Witnesses direct or appoint
43    and for want of such appointment Upon trust to the use of the first and
44    every other Son of my said Son Andrew Successively and respectively one
45    after the other and the heirs of their respective bodies according to priority
46    of birth and Seniority of Age and I direct that until my said Grandson
47    James Blake shall have attained his Age of twenty one Years as much
48    of the rents and Profits of my said freehold Estates of Kilmaguage as my
49    Executor hereinafter named shall think expedient or necessary shall be
50    applied and expended in the maintenance Cloathing and Education of
51    my said Grandson James Blake and in forwarding him in life or in
52    binding him Apprentice to some genteel trade or business further more
53    I do hereby charge my said Freehold Estate of Kilmaguage with the
54    Yearly Sum of Fifty Pounds for the use of my Eldest Son Thomas Blake
55    for and during the term of his natural life only as the means of
56    Supporting himself and his family and from and after his death I
57    direct that the Yearly Sum of twenty Pounds out of the said Yearly
58    Sum of Fifty Pounds shall cease for ever and that the remaining of
59    Yearly Sum of thirty Pounds part of said Yearly Sum of Fifty Pounds
60    shall be paid and applied in equal Shares to the use and maintenance
61    of his Children and the Survivors and Survivor of them for and
62    during their respective lives only and I direct that upon the death
63    of the Survivor of said Child of my said Son Thomas the said
64    remaining Yearly Sum of thirty Pounds shall cease for ever but if
65    the Wife my said Son Thomas shall happen to Survive all his said
66    Children in that event I hereby charge my said freehold Estate with
67    the Yearly Sum of ten Pounds only for the use of the Widow of my said
68    Son Thomas for and during the term of her natural life only and upon
69    her death to cease for ever and I hereby direct that the said respective
70    varying Annuities shall be paid by two equal half Yearly Payments
71    and the first Payment to be made in one half Year after my death
72    And I hereby empower the said Annuitants respectively as they shall
73    become entitled to the same in case of nonpayment of any Cale or
74    Cales thereof to enter upon and distrain my said Lands of Kilmaguage
75    and the distress and distresses found thereon to dispose of according
76    to law for Payment of such arrears and the Costs and expences of
77    such distress and I also empower my said Grandson James Blake
78    as soon as he shall have attained his Age of twenty one Years to
79    make leases of my said Freehold lands for any term or terms not
80    exceeding the term of three lives or thirty one Years but not both
81    terms Concurrent in Possession and not in reversion or by way of
82    future Interest Provided that in every such lease there shall be
83    reserved the best Yearly rent which can be reasonably had from a
84    Solvent tenant at the respective times of making such leases and that
85    the tenant shall execute a Counterpart of every such lease and that
86    no such Service shall be made by minute or Article but only by a
87    regular deed of Lease and that every such lease shall contain a
88    power of distress and re-entry for nonpayment of the rent and that every
89    such lease shall contain the other usual Covenants between Landlord and
90    tenant and that no such lease shall be made dispunishable for waste
91    and that no fine or any Article or goods in the nature of or in lieu
92    of fine shall be taken as or Compensation for making any such lease
93    and I also hereby empower my said Grandson James Blake when
94    he shall be in possession of my said Freehold Lands to Charge the
95    same with any Yearly Sum as a jointure for any Wife he may
96    marry and for her use during her life not exceeding the Yearly Sum
97    of Sixty pounds and also to Charge the said Lands with any Sum
98    as portions for his Younger Children not exceeding the Sum of Four
99    hundred pounds And as to my Estate and Interest in the Place called
100    Hennessy road and the Tope Walk with all the houses and building
101    thereon or thereunto belonging or held with the same for terms for
102    Years under the title of Thomas Wyse Esquire and my houses in King
103    Street in the City of Waterford and my houses in Clinker Street and my
104    Estate and Interest in the large new house built by my said Son
105    Andrew and me and all of which houses I hold under terms for Years
106    and all other houses and buildings to which I am entitled in the City
107    of Waterford or its liberties in which all my said houses and Premises
108    which I hold for terms for Years are Situate and as to all the rest and
109    residue of my Estates and property not hereinbefore or hereinafter
110    disposed of I give devise and bequeath the said Several terms for
111    Years and my Estate and Interest therein including the reversion of
112    my said Freehold Estate in Kilmaguage and the said residue of all
113    my property Furniture Farming Utensils of every kind and all my Stock
114    of Cattle wherever situate unto my Son Andrew Blake who I am
115    persuaded will make a Provident and proper use of them for the
116    benefit of himself and his Family I direct that one hundred Pounds
117    be paid to my Granddaughter Mary Hurley as a legacy as soon as
118    convenient after my death and one other Sum of twenty Pounds to
119    her Sister Alice or Alicia Hurley and that the said two legacies shall
120    be paid by my Executor out of such money or moveables Goods as
121    I shall be possessed of at the time of my death and I hereby direct that
122    if my said Son Thomas or any other of the said Annuitants shall
123    attempt to sell any of the said Annuities so Charged by me the
124    Annuity of the Person so attempting to sell shall as to him or her
125    cease as if she or he were actually dead and I appoint my said Son
126    Andrew Guardian of the property hereby devised to the use of my
127    said Grandson James Blake And I also constitute and appoint him
128    the said Andrew Sole Executor of this my last Will and testament
129    hereby revoking all former Wills by me at any time heretofore made
130    and declaring this to be my only true last Will and testament In
131    Witness whereof I have hereunto set my name and affixed my Seal
132    this Eighteenth day of August in the Year of our Lord One thousand
133    eight hundred and twenty four in the presence of three Witnesses
134    whom I have requested to attest the same James Blake Signed
135    and Sealed by the said testator and by him published as his last Will
136    and Testament in our presence who at his request and in his presence
137    have hereunto Subscribed our names as Witnesses thereto (two parts
138    having been executed by the testator Danl Condon James Lance
139    John Nowlan
140    Proved at London 25 October 1826 before the Judge by the oath
141    of Andrew Blake the Son the Sole Executor to whom Admon was granted
142    having been first Sworn by Commission duly to Administer

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