Wednesday, January 1, 2014

Will of Thomas Blake, yeoman, Winterbourne Earl, Wiltshire - The National Archives PROB 11/2143/52, probated 10 Dec 1851

Thomas Blake, testator, died 22 Feb 1851 at Winterbourne Earls aged 37 years. This from The Gentleman’s Magazine, and Historical Chronicle, for the Year 1851, Volume 35 (Page 453). This publication by Sylvanus Urban, Gentleman and published at London: John Bowyer Nichols and Son. 1851. His father Benjamin Blake’s will is one of the two available at the Wiltshire and Swindon Record Office – P2/1838/7 Benjamin Blake 1838 of Ford, Laverstock or P2/1841/19 Benjamin Blake 1841 Yeoman of Winterbourne Gunner. Neither of them have been scanned so are not available to download. Benjamin Blake died March quarter 1838 in Alderbury RD and a second one died March quarter 1841 in Amesbury RD. The census will not help us for these two men. Jane, the mother of the testator and hence the wife of Benjamin died March quarter 1852 in Alderbury RD. All this from Free BMD. So which one is correct?

Looking at Family Search Benjamin Blake married to Jane baptized children at Laverstock, Wiltshire:

Benjamin baptized 4 Jan 1809 (born 15 Nov 1808)
Elizabeth baptized 8 Jan 1810; buried 15 Nov 1811
John baptized 1811

And baptized at Winterbourne Gunner:

Eliza baptized 21 Jun 1812
Richard baptized 26 Jan 1817

From Free BMD there is a Thomas Blake son of Benjamin Blake yeoman and Jane baptized at Winterbourne Gunner 27 Oct 1813. This definitely fits into the time frame as the testator was 37 years of age when he died in 1851. Does it also point the Benjamin Blake who died in 1841 as being the father of the testator?

Jane wife of Benjamin is 66 years old in the census of 1851 at Winterbourne Earls so born circa 1785 and she is likely the mother of these children. There is another Jane on the 1851 census also widowed but she is only 57 and too young to be the mother of these children. At some point in the future I must acquire these two wills to sort the families out.

The marriage of John Blake, only son of Thomas Blake the testator, was celebrated at St Marks Kennington, Lambeth to Maria Howe Farley, youngest daughter of Mr John Farley, Yeovil June quarter 1868. The census entry in 1881 at Christchurch may be this family. John Blake, head, married, 36 years, coal agent, born at Ford Wiltshire; Maria Blake, wife, 37 years, born at Yeovil; Ernest, son 7 years, born at Melksham, Mabel, daughter, 5 years, born at Wales, Ethel, daughter, 3 years, born at Cardiff, Wales, Maud, daughter, 1 year, born at Salisbury. That would give John a year of birth of 1845. I found him on the 1851 census at Winterbourne Earls living with Jane Blake, head, widow, 66 years of age and the mother of Thomas, the testator, and she was born in 1785 and is an Annuitant born at Durnford, Wiltshire. Living with her Sarah Blake, daughter, unmarried, 28 years of age, born in 1823 at Winterbourne Gunner. Also John Blake, grandson, unmarried, 7 years of age, born in 1844 at Laverstock, Wiltshire and listed as Farmer’s son and Scholar.

The 1861 Census is elusive for John Blake. He would be about sixteen years of age.
On FreeBMD there is a Wilfred Sidney Farley Blake born Mar quarter 1872 at Melksham and an Ernest Richard Farley born Dec quarter 1873. The Census in 1871 at Melksham shows John Blake, head 26 years of age, born in 1845 at Ford Wiltshire and he is a Bank Manager. His wife, Maria H Blake, 27 years of age, born at Yeovil and a son Thomas J F Blake 11 months old born at Melksham. On the 1891 Census they are living at Islington, London with John Blake, head, 46 years born at Ford, Wiltshire and he is a Clerk. His wife Maria H is 47 and born at Yeovil. Children: Thomas E Blake 26 years, hosier, born at Melksham, Ernest R 17 years of age and born at Melksham, hosier and Maud 11 years of age born at Salisbury. The other two girls are missing (Mabel and Ethel).

The 1901 census sees him living at East Preston, Sussex, with his son Thomas J Blake, 30 years of age, born at Melksham, Wiltshire, hosier and tailor. John Blake, 56 years of age born at Winterborne Wiltshire, Coal Merchants manager. Maria H Blake is 57 years of age and born at Yeovil, Eva M M Blake is 20 years of age, born at Salisbury. Thomas Blake is still single.

John is on the 1911 census living with his daughter Eva Maude Maria Tomsett, her husband Thomas Walter Neale Tomsett and daughter Ethel Mary Tomsett at Croydon Surrey. He is 66 years of age still married and born at Ford, Wiltshire.

The testator, Thomas, is the son of Benjamin Blake, brother to Thomas Blake whose will was blogged earlier:

http://kippeeb.blogspot.ca/2014/01/will-of-thomas-blake-esquire-stratford.html

Some information available for Benjamin Blake from the National Archives website:

BLAKE FAMILY of WINTERBOURNE EARLS AND LAVERSTOCK  [no ref. or date]

[no title]  1214/1  1841-1842, 1856

Contents:
Papers relating to the estate of Benjamin Blake decd., Winterbourne Earls, yeo. copy of his will and inventory 1841, vouchers and accounts 1841-1842, release and residuary accounts 1856

[no title]  1214/2  1843-1854

Contents:
Papers relating to the estate of John Blake decd., Ford farm, Laverstock. Copy of his will proved 1849, valuation of his live and dead stock and household goods, accounts for the running of the farm, details of debts, vouchers and residuary accounts. Lease of land at Ford granted to him 1843

[no title]  1214/3  1851-1868

Contents:
Papers relating to the estate of Thomas Blake decd., Winterbourne Earls including residuary accounts; valuations of his property and live and dead stock 1851, accounts of debts, vouchers and releases.

[no title]  1214/4  1851

Contents:
Thomas Blake decd., Winterbourne Earls, executors' accounts.

[no title]  1214/5  1853-1856

Contents:
Papers about the estate of Jane Blake decd, of Winterbourne Earls, later Wylye wid., [mother of John and Thomas in 2-5]. Release 1853 and residuary accounts.

I definitely need to put these families together in a tree and will come back to that soon. I need to break up my time so that I spend some time transcribing and some time building family trees.

Names mentioned in the will:

Thomas Blake, testator, yeoman, Winterbourne Earls
Edward Cusse, cousin, Winterbourne Gunner, trustee, executor
George Sutton, brother in law, Winterbourne Gunner, trustee, executor
John Blake, brother, deceased
Thomas Blake, uncle, deceased
Jane Blake, widow, mother
Sarah Blake, sister
Elizabeth Blake, wife of testator
Eliza Sutton, sister, West Dean
Job Sutton, brother in law, husband of Eliza, West Dean, Yeoman
Mary Blake Sutton, niece
Susan Sutton, sister, deceased, mother of Mary Blake Sutton
John Blake, son
R M Wilson, Salisbury, Attorney at Law, witness
Samuel Collins, clerk to R M Wilson, witness

Transcriber: Elizabeth Kipp
Recorded: 1 Jan 2014
Source: The National Archives, PROB 11/2143/52
Testator: Thomas Blake, Yeoman
Place: Winterbourne Earl, Wiltshire, England
Type of Record: Will
Date of document: 14 Feb 1851, probated 10 Dec 1851
Condition: 19th century English, legible copy

[Margin]: Thomas
[Margin]: Blake

1    This is the Last Will and Testament
2    of me Thomas Blake of Winterbourn Earls in the County of Wilts
3    yeoman I appoint my Cousin Edward Cusse of Winterbourne Gunner in the
4    said County and my brother in law George Sutton of the same place Executors
5    of this my Will and for the purposes thereof I devise my personal estate into
6    three classes and designate it as follows First my share of my late fathers resi-
7    duary estate secondly my interest in the residuary personal estate of my late
8    brother John Blake and thirdly my farming stock household effects money derived
9    from the Will of my late Uncle Thomas Blake and all other my Estate
10    and Effects whatsoever which I call my residuary estate I direct the said
11    Edward Cusse and George Sutton to pay all my just debts and funeral and testa-
12    mentary expences and to enable them to do so I give devise and bequeath
13    unto them and the survivor of them his executors administrators and assigns
14    all my residuary Estate (that is all that I have a disposing power over
15    excepting the stocks monies estate and effects which I may receive under the
16    Wills of my late father and brother) Upon trust to sell such part of it as
17    shall be of a saleable nature and to get in and convert into money the rest of
18    it and thereout to pay all my just debts and funeral and testamentary ex-
19    pences and after payment and satisfaction thereof to pay to my dear mother
20    Jane Blake the sum of Two hundred pounds Sterling and to my Sister Sarah
21    Blake the sum of Two hundred pounds Sterling and also to set apart the sum
22    of One thousand pounds Sterling for my dear Wife Elizabeth Blake and to pay
23    and transfer the same to her or her assigns at the expiration of twelve calen-
24    dar months from the time of my death in case there should be no issue of my
25    marriage with her born in my lifetime or in due time after my death but in
26    case there shall be issue of the said Marriage then I direct the said Edward Cusse
27    and George Sutton and the survivor of them and the executors administrators and
28    assigns of such survivor to invest the said sum of One thousand pounds in their
29    or his names or name in the Government stocks of funds or at interest on real se-
30    curity in England and to pay the interest dividends and yearly produce thereof to
31    my said wife during her life free from the interference or control of any future
32    husband and after her decease then I declare that my said Trustees shall stand
33    possessed of the said sum of one thousand pounds and the stocks and securities
34    on which the same may be invested in trust for the child or children of the
35    said marriage if more than one equally and in the event of their being such
36    child or children of the said marriage and he she or they all dying before at-
37    taining the age of twenty one years then I direct my said Trustees to pay or
38    transfer the said sum of One thousand pounds or the stocks and securities on
39    which the same may be invested to my said wife absolutely And I direct
40    my said Trustees to invest all the remainder of my said residuary estate so
41    defined as aforesaid in the Government stocks of funds or at Interest upon real
43    Security in England and to pay the interest dividends and yearly produce thereof
44    to my dear Mother during her life and after her decease I direct that my said
45    Trustees shall pay to or transfer one moiety of the said principal monies stocks
46    funds and securities to my Sister Eliza the wife of Job Sutton of West Dean
47    Yeoman and the other moiety thereof equally between my said Sister Sarah
48    Blake and my Niece Mary Blake Sutton the daughter of my late Sister
49    Susan Sutton And as regards my share of my late Fathers residuary Estate
50    I give and bequeath the same to the said Edward Cusse and George Sutton
51    and the survivor of them and the executors administrators and assigns of
52    such survivor Upon trust when the same shall come to their or his hands
53    to invest the same in the manner hereinbefore directed with reference to my
54    residuary estate and to accumulate the interest dividends and yearly produce
55    thereof by similar investments until my Son John Blake shall attain the
56    age of twenty one years or die under that age and if he shall attain that
57    age thereupon to transfer to him both the principal monies stocks funds and
58    securities and the accumulations but if he shall die under that age then to
59    pay transfer and divide the same to and equally amongst the said Eliza Sutton
60    Sarah Blake and Mary Blake Sutton And as regards my interest in the
    [Page 2]
61    residuary personal estate of my late brother John Blake I give and be-
62    queath the same unto the said Edward Cusse and George Sutton and the
63    survivor of them and the executors administrators and assigns of such survi-
64    vor Upon trust when the same shall come to their or his hands to invest the
65    same in the manner hereinbefore directed with reference to my residuary estate
66    and to pay the interest dividends and yearly produce thereof to my said dear
67    mother during her life in case she should be then living and after her death
68    then into five hundred pounds Sterling part thereof I direct my said trustees
69    to stand possessed thereof upon the same trusts in all respects in favor of my
70    said dear wife and the issue of our marriage if any as I have hereinbefore
71    declared in reference to the sum of one thousand pounds part of my residu-
72    ary estate and as to all the residue of my interest in the residuary estate of
73    my said brother John Blake I direct that my said trustees shall accumulate
74    the interest dividends and yearly produce thereof by investments of a similar
75    character to those hereinbefore directed until my said Son John Blake shall
76    attain the age of twenty one years or be under that age and if he shall
77    attain that age thereupon to transfer to him both the principal monies stocks
78    funds and securities and the accumulations but if he shall be under that age
79    than to pay transfer and divide the same to and equally amongst the said Eliza
80    Sutton Sarah Blake and Mary Blake Sutton I declare that if my said Sister
81    Eliza Sutton shall depart this life before me or before the legacies given to her by
82    this my Will whether contingent or otherwise shall be reduced unto possession
83    then that my said Trustees shall stand possessed thereof In trust for the child
84    if more than one the children equally of my said Sister who shall attain the
85    age of twenty one years and that the legacies in like manner given to my said
86    Sister Sarah Blake and my said Niece Mary Blake Sutton shall be absolutely
87    vested in them respectively at the period of my death I direct that my said
88    Trustees shall have power from time to time or at any time to alter vary or
89    transpose the stocks funds or securities vested in them by this my Will into or
90    for others of the same or a like nature as are hereinbefore provided with respect
91    to the original investments thereof at their or his discretion I declare that
92    said Trustees shall have power to pay and apply the whole or such part as
93    they shall think fit of the interest dividends and yearly produce of the share
94    to which any child excepting my Son John Blake who is provided for from
95    other sources) shall for the time be either presumptively or otherwise entitled
96    under the trusts hereinbefore declared for or towards his or her maintenance or
97    education until his or her share shall become vested and payable and that
98    said trustees may either themselves so pay or apply the same or may pay the
99    same to the guardian or guardians of such child for the purpose aforesaid without
100    seeing to the application thereof I declare that the receipts of my said Trustees
101    for such monies stocks funds and securities as shall be paid or transferred to them
102    by virtue of this my Will stand effectually discharge the persons paying or trans-
103    ferring the same from liability to see to the application thereof And I declare
104    that my said Trustees shall be answerable for their own respective acts receipts and
105    defaults only and shall be at liberty to retain and to allow to each other out of
106    monies coming to their hands by virtue of this my Will all expences incurred
107    in executing the trusts thereof And I declare that on the death refusal or inca-
108    pacity of the said trustees or either of them or of any trustees or trustee to be ap-
109    pointed under this clause it shall be lawful for the capable trustees or trustee if
110    any for the time being of this my will whether refusing further to act or not
111    or if not for the executors or administrators or either or any of them of the last
112    deceased trustee to appoint a fit person or persons to supply the place of the deceased
113    refusing or incapacitated trustees or trustee and I declare that the previous clauses
114    so far as they concern my trustees hereinbefore named shall extend and be applied to
115    new trustees and trustee for the time being of this my Will In witness whereof I
116    the said Thomas Blake have to this my last Will and Testament contained in
117    this one and preceding three sheets of Paper set my hand this fourteenth day of
    [Page 3]
118    February in the year of our Lord one thousand eight hundred and fifty one
119    Thos Blake Signed by the said Testator as his last Will and Testament
120    in the presence of us present at the same to who at his request in his presence
121    and in the presence of each other have subscribed our names as witnesses
122    R M Wilson of Salisbury Att[orne]y at Law Sam[ue]l Collins his Clerk
123    This is a Codicil to the last Will and Testament
124    of me Thomas Blake I give and bequeath to my dear wife All my house-
125    hold furniture and other articles of household in and about my house I give and
126    bequeath also to Edward Cusse and George Sutton Nineteen guineas apiece for the
127    trouble they will have as my Executors and as a slight mark of my regard
128    Witness my hand this fourteenth day of February 1851 Thomas Blake
129    Signed by the said Testator as a Codicil to his last Will and Testament in the
130    presence of us present at the same time who at his request in his presence and
131    in the presence of each other have subscribed our names as witnesses R M
132    Wilson Sam[ue]l Collins
133    Proved at London with a Codicil 10th Dec[embe]r 1851 before the Judge by
134    the oaths of Edward Cusse and George Sutton the Executors to whom Adm[inistrati]on
135    was granted having been first sworn by Com[missi]on duly to administer.

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