Friday, September 27, 2013

Will of Durell Blake, Gentleman, Whitelackington, Somerset - The National Archives PROB 11/2095/353, probated 12 Jul 1849

The testator is Durell Blake and his marriage to Mary Stewart took place March quarter 1847 in Axbridge Registration District, Somerset. West-super-Mare is in this Registration District and given the forename one might suspect he is somewhat related to Michael Anthony Blake and Anne Sophia Durell (will blogged yesterday).

However, Durell only mentions his sister Jane Poole (married to George) so somewhat of a mystery plus the daughter of Anne Sophia and Michael Anthony Blake was Anne Jane Harwood at the time of her mother’s will. Interestingly a George Poole died September quarter 1848 listed in Axbridge Registration District. However, Poole is not an uncommon name.

An interesting article in “The Nautical Magazine and Naval Chronicle for 1840. A Journal of Papers on subjects connected with Maritime Affairs. London: Simpkin, Marshall, and Co., Stationers’ Hall court.

At Sidmouth, on the 14th June [1840], James Blair, Esq., son of the late Capt. David Blair, RN., to Miss Julia Caroline Blake, third daughter of the late Captain John Blake, of the county of Galway, and grand-daughter of the late Captain Durrell,. RN.

A search online revealed the following webpage on Captain Thomas Philip Durell and some of the content is in the earlier blog on Anne Sophia Blake.

http://www.cichw1.net/pmdurelltp.html

It can be seen that Anne Sophia Durell and Eliza Durell were sisters. The children of John Blake and Eliza Durell are not listed but I suspect they are Durell Blake and Jane Blake (married to George Poole) amongst others including Julia Caroline Blake above. They remained in England and so are lost to the charting which is provided by an American descendant of this family Francis C Harwood. What does link him to this family is his mention of his great Uncle John Powell Powell. I would judge by the will that Durell Blake is a young man perhaps only in his mid twenties.

A note about John Powell Powell (nee Roberts) with respect to his uncle John Powell Powell to add to the information on this family:

http://www.quexringers.org/pages/john-powell.htm

This family remains on their property and have diversified their holdings in order to maintain their properties into the future.

Obituary for Durell Blake, youngest son of the late Captain John Blake, Belmont, Ireland is a good find (The Taunton Courier, Wednesday, March 15, 1848):

March 1, at Whitelackington, near Ilminster, aged 26, John Durell Blake, Esq., youngest son of the late Captain John Blake, of Belmont, Ireland

Also in the Taunton Chronicle 31 March 1841: At Sidmouth on the 23rd inst. In the 23rd year of her age, after a few months exemplary endurance of ruthless consumption, Eliza Sarah, the beloved daughter of the late Captain John Blake, County Galway, and grand daughter of the late Captain Durell, RN, for many years a highly respected inhabitant of this town.

Solving the question of whose descendant Captain John Blake was would be helpful and checking Find my past for military records might be helpful. But it would appear that he too belongs to the Galway Blake family. Another note online has Durell Blake named John Durell Blake born 21 Apr 1822 with a brother Daniel born in 1821. The webpage for this particular entry is part of ancestry but down at the moment. There is another will for this individual under John Durell Blake to come later.

Transcriber: Elizabeth Kipp
Recorded: 26 Sep 2013
Source: The National Archives, PROB 11/2095/353
Testator: Durell Blake, Gentleman
Place: Whitelackington, Somerset, England
Type of Record: Will
Date of document: 14 Sep 1847, probated 12 Jul 1849
Condition: 19th century English, legible copy

[Margin]: Durell
[Margin]: Blake
[Margin]: Esquire
[Margin]: 39

1    This is the last Will and Testament
2    of me Durell Blake lately residing at White Lackington Court Farm
3    near Ilminster in the County of Somerset Gentleman In the first place I
4    direct all my just debts and funeral and testamentary expences to be paid as
5    soon as conveniently may be after my decease and I charge all my
6    personal estate and effects with the payment thereof And I give and
7    bequeath all my ready money at the time of my decease and all
8    household goods and furniture plate linen glass china books prints
9    pictures wines spirits beer and other liquors and all other articles chattels
10    and effects of a household or domestic nature of which I may happen to
11    be possessed at the time of my decease unto my dear wife Mary Blake
12    absolutely And I give and bequeath all my real estate whatsoever and
13    wheresoever at the time of my decease and all the rest and residue of my
14    personal estate and effects whatsoever and wheresoever which are not
15    hereinbefore otherwise bequeathed or disposed of unto and to the use of
16    Daniel Boys and Frederick Lewes Austen both of Ely Place in the
17    County of Middlesex Gentlemen and John Clements of Stepney and the
18    West India Docks in the County of Middlesex Gentleman their heirs
19    executors administrators and assigns respectively according to the several
20    natures tenures and qualities of the premises but nevertheless dispose
21    and for the trusts intents and purposes hereinafter declared and expressed
22    of and concerning the same (videlicet) Upon Trust that they the said
23    Daniel Boys Frederick Lewes Austen and John Clements or the survivors
24    or survivor of them or the heirs and executors or administrators respectively of
25    such survivor or other the trustees or trustee for the time being of this my
26    Will do and shall collect receive and get in all such parts of my
27    personal estate as shall not be in their nature saleable and do and shall
28    at such time or times as they or he shall in their or his sole and
29    uncontrolled discretion think fit make sale and absolutely dispose of or other-
30    wise convert into money all the rest and residue of my personal estate
31    and effects and also all my real estate whatsoever and wheresoever and
32    of what nature tenure or quality soever whether and although the same
33    may be held for life only or for any other defeasible or determinable estate
34    or interest and whether and although the same may be contingent or
35    reversionary either by public auction or private contract or partly in one
36    way and partly in the other and either altogether or in parcels and
37    generally in such way and manner in all respects and under and
38    subject to such special conditions or stipulations as to title or otherwise
39    as they or he shall in their or his sole and uncontrolled discretion think
40    fit and as they or he might or could do or have done in case they or
41    he were the sole and absolute owners or owner thereof (with full liberty
42    for them or him to buy in the premises or any of them at any public
43    auction and wholly to rescind or partially to alter and vary the terms of
44    any contract for the sale thereof or of any of them and again to sell the
45    same in manner aforesaid without being answerable for any loss or
46    diminition of price or expences to be sustained or incurred thereby and
47    as to the net monies to be so collected received and got in as aforesaid and to
48    arise and be produced from or by such sales dispositions and conversion
49    respectively as aforesaid and which shall remain after answering and
50    satisfying all my just debts and funeral and testamentary expences
51    Upon Trust that the trustees or trustee for the time being of this my Will
52    do and shall lay out and invest the same in their or his own names or
53    name in or upon some or one of the parliamentary stocks or public funds
54    or at interest upon real or government securities of or in Great
55    Britain (all which stocks funds and securities it shall and may be lawful
56    for them or him from time to time to alter vary and transpose for or
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57    into others of the like nature at their or his sole and uncontrolled
58    discretion and as often as they or he shall think fit) and do and shall stand
59    and be possessed of and interested in all the said residuary trust monies stocks
60    funds and securities upon and for the trusts intents and purposes hereinaf-
61    ter declared and expressed of and concerning the same (videlicet) In case
62    I shall have any child living at my decease or born in due time
63    afterwards Then Upon Trust to pay unto or otherwise to permit and
64    suffer and sufficiently authorize and empower my said Wife or her
65    assigns during her life to receive and take all the interest dividends
66    and annual proceeds of the said residuary trust monies stocks funds and
67    securities to and for her or their own absolute use and benefit and from
68    and after her decease Then as to the capital or principal of the said
69    residuary trust monies stocks funds and securities In Trust for all and
70    every my children or child living at my decease who being a son or
71    sons shall attain the age of twenty one years or being a daughter or
72    daughters shall attain that age or be married which ever shall first
73    happen to be equally divided between or amongst them (if more than one
74    share and share alike as tenants in common and not as joint tenants
75    and if I shall leave only one child living at my decease who being a son
76    shall attain the age of twenty one years or being a daughter shall
77    attain that age or be married Then as to the whole of the said
78    Residuary trust monies stocks funds and securities In Trust for such one
79    or only child absolutely But in case I shall have any child living at
80    my decease but all of them being sons shall depart this life under the
81    age of twenty one years and being daughters shall depart this life
82    under that age and without having been married Then as to all the
83    said residuary trust monies stocks funds and securities from and after the
84    decease  of my said wife In Trust for my Sister Mrs. Jane Poole wife
85    of Mr. George Poole of White Lackington Farm aforesaid absolutely
86    and the same to be for her sole and separate use and benefit and free
87    disposal Provided always that after the decease of my said Wife it shall
88    be lawful for the trustees or trustee for the time being of this my Will to
89    apply the whole or any part of the income of the presumptive share for
90    the time being under this my Will of each of my children in or towards
91    his or her maintenance and education and to accumulate the residue
92    (if any) of such income at compound interest for the benefit of the
93    person who shall eventually become entitled under this my Will
94    yhe capital or principal of such share and also after my said wifes
95    fecease or during her life with her consent to levy and raise and apply any part
96    not exceeding a moiety of the presumptive share for the time being of
97    rach of my children being as on in and for or towards his preferment
98    or advancement in the world or otherwise for his benefit or advantage
99    at the discretion of my said trustees or trustee for the time being But in
100    case I shall have no child living at my decease Then Upon Trust if
101    and whilst and so long as the interest dividends and annual proceeds from time to time of
102    the said residuary trust monies stocks funds and securities shall not
103    exceed the clear yearly sum of five hundred pounds sterling
104    inclusively of the income tax if any to pay the whole of such interest
105    dividends and annual proceeds to my said wife or her assigns during
106    her natural life to and for her or their own absolute use and benefit
107    but if and whilst and so long as the said interest dividends and annual
108    proceeds for the time being shall exceed the said clear yearly sum of five
109    hundred pounds sterling inclusively (as aforesaid) That Upon Trust and
110    during the life of my said wife to pay and divide the yearly surplus or
111    excess for the time being thereof over and beyond the said clear
112    yearly sum of five hundred pounds sterling (inclusively as aforesaid
113    in manner following (videlicet) two equal third parts thereof to her
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114    my said Wife or her assigns for her or their own absolute use and benefit and the
115    other and remaining equal third part thereof to my said Sister
116    Jane Poole or her assigns for her or their own absolute use and
117    benefit (as the case may require) to her executors or administrators as
118    as part of her personal estate And as to all the said residuary trust
119    monies stocks funds and securities from and after the decease of my
120    said wife In Trust for and for the sole and separate benefit of my said
121    Sister Jane Poole her executors administrators and assigns absolutely
122    and I do hereby declare that the income of such part of my real and
123    residuary personal estate respectively as for the time being shall
124    remain unsold and unconverted or outstanding shall go and be
125    applied in the same or the like manner as the same would go and
126    be applied if the same forms a part of the income of the said
127    residuary trust monies stocks funds and securities And I also declare
128    that if and when and so often as the net income of my residuary
129    estate for the time being recall after the decease of my great Uncle
130    John Powell Powell Esquire fall short of and not amount to a clear yearly
131    sum of four hundred pounds sterling (inclusively of the income tax
132    (if any)) the trustees or trustee for the time being of this my Will shall
133    on sale or mortgage or other disposition of the Corpus or Capital of such
134    residuary estate for the time being or of a competent part thereof levy
135    and raise and pay to my said wife or her assigns during her life such
136    a yearly sum as together with the income for the time being of such
137    residuary estate for the time being will make up to her for the time being
138    a full and clear annuity of four hundred pounds sterling free from all
139    charges and deductions whatsoever (except the income tax if any)
140    Provided always and I do hereby expressly declare that it shall be lawful
141    for the trustees or trustee for the time being of this my Will at their or his
142    sole and uncontrolled discretion to adjust and finally settle and determine
143    in such manner and upon such terms and conditions as they or he
144    shall in their or his judgement think fit and expedient all questions
145    disputed and suits if any such there shall be of and concerned or with
146    respect to my real and personal estate and effects or any part thereof
147    respectively or any charges or incumbrances or aligned charges or encumbrances upon or affecting the same
148    respectively or any part thereof respectively and to make such arrange-
149    ments relative to the division or partition of such estate and effects or any
150    part thereof respectively with the owner or owners of any other
151    ahare estate or interest of or in the same respectively or of the purchase
152    money to arise from the sale of the entirety thereof and to do and execute
153    and cause to be done and executed all such acts deeds conveyances
154    assurances matters and things as shall or may be deemed necessary or
155    convenient in that behalf as fully and effectually in all respects and to all
156    effects constructions and purposes whatsoever as they or he might or
157    could do or have done if they or he were the sole and absolute owners
158    or owner thereof and if they or he shall deem such course preferable or
159    necessary or expedient to act under the direction of a Court of Equity
160    or the sanction of a private Act of Parliament some part of my property
161    and the nature and extent of my rights and interests to and in it being
162    as painfully aware of a complicated and intricate and uncertain nature
163    Provided always and I do hereby declare my Will to be that the receipt or
164    receipts in writing of the trustees or trustee for the time being of this my
165    Will shall be a good and effectual release and discharge for all and
166    singular the monies which shall come to their or his hands by virtue
167    of or under this my Will or any of the trusts powers or authorities herein
168    declared or contained or for such much of such monies as in such receipt or
169    receipts respectively shall be acknowledged to be received and that the
170    person and persons paying such monies and taking such receipt or
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171    receipts for the same as aforesaid shall not afterwards be obliged to see to the
172    application or be in anywise answerable or accountable for the loss
173    Misapplication or nonapplication thereof or of any part thereof Provided
174    also and I do hereby declare it to be my Will that in case the said Daniel
175    Boys Frederick Lewes Austen and John Clements or any or either of them or
176    any future trustee or trustees to be appointed as hereinafter is mentioned
177    shall die or desire to be discharged of or from or shall neglect or refuse or
178    become incapable to act in the execution of the trusts and powers hereby in
179    them respectively reposed or in pursuance hereof to be reposed or shall go to
181    reside in parts beyond the Seas before the said trusts and powers shall have
182    been fully executed and performed or discharged then and in every such
183    case it shall and may be lawful to and for the said Daniel Boys Frederick
184    Lewes Austen and John Clements or the survivors or survivor of them or
185    other the trustees or trustee for the time being of this my Will other than and
186    except the trustees or trustee who shall have neglected or refused or become
187    incapable to act or shall have gone to reside beyond the Seas as aforesaid or
188    for the executors or administrators of the last surviving trustee or as the
189    case may require of the last acting and competent trustee by any writing
190    or writings under their or his hands and seals or hand and seal to
191    nominate substitute and appoint any other person or persons to be
192    trustee or trustees in the place or stead of the trustee or trustees so expiring or
193    desiring to be discharged or neglecting or refusing or becoming incapable
194    to act or going to reside beyond the Seas as aforesaid and that thereupon
195    all proper acts conveyances transfers assignments and assurances in the
196    law whatsoever shall be done made and executed so as legally and
197    effectually to vest all and singular the said several trust Estates monies
198    stocks funds securities and premises in such now or other trustee or trustees
199    jointly with such surviving or continuing trustee or trustees (if any or in
200    case there shall be no such surviving or continuing trustee therein)
201    such now trustee only as the case shall require Upon the same trusts
202    and for the same purposes as are hereinbefore declared of and continuing
203    the same several trust estates monies stocks funds securities and
204    premises respectively and which shall be then subsisting and undetermin-
205    ed or capable of taking effect and then and in such case all and every such
206    new trustees or trustee shall and may in all things act and assist in the
207    management carrying on and executing of the same trusts to all intents
208    effects constructions and purposes whatsoever and shall have and be
209    considered as vested with such and the same powers and authorities and
210    discretion in all respects as if he or they had been originally hereby
211    nominated and appointed a trustee or trustees for those purposes And I
212    will that the said Daniel Boys Frederick Lewes Austen and John
213    Clements and such new trustees as aforesaid respectively and that respective
214    their executors and administrations shall be charged and chargeable only
215    for such monies as they respectively shall actually receive by virtue of this
216    my Will or of any of the trusts powers or authorities aforesaid notwith-
217    standing his that or any of their signing or joining in any receipt or
218    receipts for the sake of conformity and that each of them shall be answerable
219    for himself and his own acts and wilful defaults only and that they or any
220    of them shall not be answerable for any Bank Banker or Broker or any
221    other person in which or in whose hands all or any of the said trust
222    monies shall or may be deposited nor for the insufficiency or deficiency of
223    any fund or security in or upon which the said trust monies or any sum
224    aforesaid nor for any other misfortune loss or damage which shall or
225    may happen in or about the execution or the exercise of the aforesaid trusts
226    or powers of any of them or in relation thereto except the same shall
227    happen by or through their own gross wilful default respectively And that
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228    it shall and may be lawful to and for the trustees aforesaid respectively
229    and their respective heirs executors and administrators to retain to and
230    reimburse themselves respectively and to allow to their respective cotrustee
231    and cotrustees all costs charges damages and expences whatsoever which
232    they respectively shall or may sustain suffer expend or disburse in or about
233    the execution or exercise of the aforesaid trusts or powers or any of them
234    or in relation thereto and especially that the said Daniel Boys and
235    Frederick Lewes Austen respectively and any future Trustee of this my Will
236    who shall or may be an Attorney or Solicitor shall be entitled to make the
237    same professional charges and to receive the same fees and allowances for
238    any business transacted for or relating to my estate and effects as they
239    respectively would be entitled to make and receive if they respectively were
240    not such Trustees any rule or maxim of Courts of Equity to the contrary
241    notwithstanding And I make and appoint the said Daniel Boys
242    Frederick Lewes Austen and John Clements and my said Wife and the
243    survivors and survivor of them Guardians and Guardian of the persons
244    and properties of my children (if any) during their respective minorities
245    and Lastly I hereby nominate constitute and appoint the said Daniel
246    Boys Frederick Lewes Austen and John Clements Executors of this
247    my Will and hereby revoking all former and other Wills by me at any time
248    heretofore made I declare this to be my last Will and Testament In
249    Witness whereof I the said Durell Blake the Testator have to this my last
250    Will and Testament contained in ten sheets of paper set my hand this
251    fourteenth day of September in the year of our Lord one thousand eight
252    hundred and forty seven Durell Blake Signed and
253    declared by the above named Durell Blake the Testator as and for his
254    last Will and Testament in the presence of us (both of us being present
255    together at the same time) who in his presence at his request and in the
256    presence of each other hereunto subscribe our names as witnesses
257    thereto Will[ia]m John Martin Jos[ia]h Jam[e]s Joyner
258    Clerks to Mess[ieu]rs Hale Boys and Austen Ely Pleece Holborne
259    Proved at London 12th July 1849 before The Worshipful Alfred
260    Waddilove doctor of Laws and Surrogate by the oath of John Clements
261    one of the Executors to whom Adm[inistrati]on was granted having been first
262    sworn duly to administer. Power reserved of making the like grant to
263    Daniel Boys and Frederick Lewes Austen the other Executors when they
264    shall apply for the same

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