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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