John Blake, testator, is married to Ann who lived in the parish of St Giles in the County of Middlesex.
Transcriber: Elizabeth Kipp
Recorded: 29 Apr 2017
Source: The National Archives, PROB 11/850
Name of testator: John Blake
Place: belonging to his Majesty’s Ship Royal Sovereign
Type of Record: Will
Dated: 31 May 1757, probated 6 Nov 1759
[In margin]: Testament: John Blake 348
1 In the Name of God Amen
2 I John Blake now belonging to his Majesty’s Ship Royal
3 Sovereign being in Bodily health and of Sound and
4 disposing Mind and Memory and considering the perils
5 and dangers of the Seas and other uncertainties of this
6 Transitory life (do for avoiding controversies after
7 my decease) make publish and declare this my last
8 Will and Testament in manner following (that is to
9 say) First I commend my Soul to God that Gave
10 it and my Body I commit to the Earth or Sea as it
11 shall please God to order and as for and concerning
12 all my Worldly Estate I give bequeath and dispose
13 thereof as followeth, that is to say, all and Singular
11 such Wages Sum and Sums of Money Lands Tenements
15 Goods Chattels and Estate whatsoever as Shall be any
16 ways due owing or belonging unto me at the time of my
17 decease I do Give devise and bequeath the same
18 unto my beloved Wife Ann Blake of Castle Street in
19 the parish of St Giles in the County of Middlesex
20 And I do hereby Nominate and appoint my said Wife
21 Ann Blake Sole Executrix of this my last Will and
22 Testament hereby Revoking all former and other Wills
23 Testaments and Deeds of Gift by me at any time heretofore
24 made And I do ordain and ratify these presents to
25 stand and be for and as may only last Will and Testament
26 In Witness whereof to this my said Will I have set my
27 hand and Seal the thirty first day of May In the year
28 of our Lord One thousand Seven hundred and Fifty
29 Seven and in the Thirtieth Year of the Reign of his
30 Majesty King George the Second over Great Britain
31 etc John Blake Signed Sealed Published andDeclared
32 in the presence of W Boys Jno Crosser A Holloway
33 This Will was proved at London the
34 Sixth day of November In the year of our Lord One
35 thousand Seven hundred and fifty nine before the
36 Worshipful Andrew Coltee Ducarol Doctor of Laws
37 Surrogate of the Right Worshipfull Edward Simpson
38 also Doctor of Laws Master keeper or Commissary of
39 the Prerogative Court of Canterbury lawfully constituted
40 by the Oath of Ann Blake Widow the Relict of the
41 deceased and Sole Executrix named in the said Will to
42 whom administration was Granted of all and Singular
43 the Goods Chattels and Credits of the said deceased
44 having been first Sworn duly to administer
Showing posts with label Boys. Show all posts
Showing posts with label Boys. Show all posts
Sunday, April 30, 2017
Wednesday, October 16, 2013
Will of John Durell Blake, Gentleman, Whitelackington, Somerset - The National Archives PROB 11/2095/336, probated 7 Jul 1849
This will by John Durell Blake (present testator) and that by Durell Blake are confusing to me. Are they the same person?
Blog of will of Durell Blake:
http://kippeeb.blogspot.ca/2013/09/will-of-durell-blake-gentleman.html
The only death I find in Chard Registration District is for a John Durell Blake March quarter of 1848. The actul date being 1 Mar 1848. He was 26 years old according to the obituary in The Taunton Courier, Wednesday, 15 Mar 1848. This will written six months after the blogged will above is slightly different. This will was probated first with the blogged will above being probated five days later.
In this will he is remembering Julia Caroline (Durell) Blair who was married to James Blair 14 Jun 1840 and was also his sister along with his sister Jane (Durell) Poole whose husband George was one of the executors of both wills and John Durell Blake was living at their farm named White Lackington near Ilminster which is in Chard Registration District.
His wife Mary is not mentioned in this will but is mentioned in the earlier will. The only death I find for a Mary Blake is in Langport Registration District December quarter 1847 (Ilminster is just nine miles away from Langport).
It would appear that John Durell Blake and Durell Blake are the same person. I wondered if somehow Daniel Blake had been confused in the writing of the will but this does not appear to be the case. Some claim that Daniel was a brother to John Durell Blake but no mention of him in either will.
Transcriber: Elizabeth Kipp
Recorded: 14 Oct 2013
Source: The National Archives, PROB 11/2095/336
Testator: John Durell Blake, Gentleman
Place: Whitelackington, Somerset, England
Type of Record: Will
Date of document: 24 Feb 1848, probated 7 Jul 1849
Condition: 19th century English, legible copy
[Margin]: John
[Margin]: Durell
[Margin]: Blake
[Margin]: 20
1 This is the last Will and Testament
2 of me John Durell Blake now residing at White Lackington
3 Court Farm near Ilminster in the County of Somerset Gentleman In
4 the first place I direct all my just debts and funeral and testamentary
5 expences to be paid as soon as conveniently may be after my decease And
6 I charge all my real and personal Estate and Effects with the payment
7 thereof And I give and bequeath all my real and personal estate
8 property and effects whatsoever and wheresoever unto and to the use
9 of Daniel Boys and Frederick Lewes Austen both of Ely Place in the
10 County of Middlesex Gentlemen their heirs executors administrators and
11 assigns respectively according to the several natures tenures and qualities
12 of the proceeds But nevertheless upon and for the trusts intents and
13 purposes hereinafter declared and expressed via[ a vi]t Upon Trust that they
14 the said Daniel Boys and Frederick Lewes Austen or the survivor of
15 them or the heirs executors or administrators respectively of such
16 survivor or other the trustees or trustee for the time being of this my Will
17 do and shall collect receive and get in all such parts of my personal
18 estate as shall not be in their nature saleable and as to my real Estate
19 or property of the nature of real Estate I empower my said trustees or
20 trustee at such time or times as they or he shall in their or his sole and
21 uncontrolled discretion think fit to make sale and absolutely dispose of
22 or otherwise convert the same into money and that whether and
23 although such real Estate or other property may be held for life only
24 for any other defeasible or determinable estate or interest and whether
25 and although the same may be contingent or reversionary either by
26 public auction or private contract or partly in one way and partly in the
27 other and either altogether or in parcels and generally in such way and
28 manner in all respects and under and subject to such special conditions or
29 stipulations as to title or otherwise as they or he shall in their or his
30 sole and uncontrolled discretion think fit and as they or he might or
31 could do or have done in case they or he were the sole and absolute
32 owners or owner thereof with full liberty for them or him to buy in
33 premises or any of them at any public auction and wholly to rescind or
34 partially to alter and vary the terms of any contract for the sale thereof
35 or of any of them and again to sell the same in manner aforesaid
36 without being answerable for any loss or diminution of price or expences
37 to be sustained or incurred thereby and as to the net monies to arise or be
38 procured by the means aforesaid after answering and satisfying all my
39 just debts and funeral and testamentary expences and as to all my
40 estate and property whatsoever devise and bequeathed as aforesaid
41 my will is that my said trustees or trustee do and shall stand possessed
42 thereof respectively Upon the trusts and for the intents and purposes
43 following that is to say as to three equal undivided fifth parts or shares
44 thereof the whole of my property for this purpose being considered as
45 divided into five equal parts Upon Trust for the sole and separate use
46 and benefit and free disposal of my sister Julia Caroline Durell the
47 wife of James Blair and so as not be to subject to the debts control
48 engagements or interference of her present or any future husband and
49 to be assigned disposed and converted as she, nowithstanding any
50 coverture, her heirs executors or administrators shall from time to time
51 direct and as to the remaining two equal undivided fifth parts or shares
52 of my said estate and property Upon Trust for the sole and separate use
53 and free disposal of my sister Jane Poole the wife of George Poole of
54 White Lackington aforesaid and so as not to be subject to the debts
55 control engagements or interference of her present or any future
56 husband and to be assigned disposed and conveyed notwithstanding
[Page 2]
57 her coverture as she her heirs executors or administrators shall from
58 time to time direct Provided always and I do hereby expressly declare that
59 it shall be lawfull for the trustees or trustee for the time being of this my
60 Will at their or his sole and uncontrolled discretion to adjust and finally
61 settle and determine in such manner and upon such terms and conditions
62 as they or he shall in their or his judgement think fit and expedient all questions
63 disputes and suits if any such there be of and concerning or with respect to
64 my real and personal estate and effects or any part thereof respectively or in
65 any charges or incumbrances or alleged charges or incumbrances upon or
66 affecting the same respectively or any part thereof respectively and to make
67 such arrangements relative thereto and to the division and partition of
68 such estate and effects or any part thereof respectively with the owner or
69 owners of any other share estate or interest of or in the same respectively
70 or of the purchase money to arise from the sale of the entirety thereof and to
71 do and execute and cause to be done and executed all such acts deeds
72 conveyances assurances matters and things as shall or may be deemed
73 necessary or expedient in that behalf as fully and effectually in all respects
74 and to all effects constructions and purposes whatsoever as they or he might
75 or could do or have done if they or he were the sole and absolute owners
76 or owner thereof and if they or he shall deem such a course preferable
77 or necessary or expedient then to act under the direction of a Court of
78 Equity or the Sanction of a private Act of Parliament some part of
79 property and the nature and extent of my rights and interests to and in
80 it being as I am fully aware of a complicated and intricate and
81 uncertain nature Provided always and I do hereby declare my Will to be
82 that the receipt or receipts in writing of the trustees or trustee for the time
83 being of this my Will shall be a good and effectual release and discharge
84 for all and singular the monies which shall come to their or his hands
85 by virtue of or under this my Will or any of the trusts powers or
86 authorities herein declared or contained or for so much of such monies
87 as in such receipt or receipts respectively shall be acknowledged to be
88 received and that the person and persons paying such monies and
89 taking such receipt or receipts for the same as aforesaid shall not
90 afterwards be obliged to see to the application or be in anywise answer-
91 able or accountable for the loss of misapplication thereof or of any part
92 thereof And it is my Will that the said Daniel Boys and Frederick
93 Lewes Austen and their respective heirs executors and administrators
94 ahall be charged and chargeable only for such monies as they respectively
95 shall actually receive by virtue of this my Will or any of the trusts
96 powers or authorities afore said notwithstanding this their or any of their
97 signing or joining in any receipt or receipts for the sake of conformity and
98 that each of them shall be answerable for himself and his own acts and
99 wilful defaults only and that they or any of them shall not be answer-
100 able for any bank banker broker or any other person in which or in
101 whose hands all or any of the said trust monies shall or may be
102 deposited nor for the insufficiency or deficiency of any fund or security
103 in or upon which the said trust monies may happen to be invested
104 nor for any other misfortune loss of damage which shall or may happen
105 in or about the execution or the exercise of the aforesaid trusts or powers
106 or any of them in relation thereto except the same shall happen by or
107 through their own wilful default respectively and that it shall and may
108 be lawful to and for the trustees aforesaid respectively and their respective
109 heirs executors and administrators to retain to and reimburse themselves
110 respectively and to allow to their respective Cotrustee and Cotrustees all
111 costs charges damages and expences whatsoever which they respectively
112 shall or may sustain suffer expend or disburse in or about the execution
113 or exercise of the aforesaid trusts or powers or any of them or in relation
[Page 3]
114 thereto and especially that the said Daniel Boys and Frederick Lewes
115 Austen respectively and any future Trustee of this my Will who shall
116 or may be an Attorney or Solicitor shall be entitled to make the same
117 professional charges and to receive the same fees and allowances for any
118 business transacted for or relating to my Estate and Effects as they respectively
119 would be entitled to make and receive if they respectively were not such
120 trustees any rule or maxim of Courts of Equity to the contrary notwith-
121 standing And I make and appoint the said Daniel Boys and
122 Frederick Lewes Austen and likewise the said George Poole Executors
123 of this my Will and hereby revoking all former and other Wills be me
124 at any time heretofore made I declare this to be my last Will and
125 Testament In witness whereof I the said John Durell Blake the Testator
126 have to this my last Will and Testament contained in five sheets of
127 paper set my hand this twenty fourth day of February in the year of
128 our Lord one thousand eight hundred and forty eight John Durell
129 Blake Signed and acknowledged by the above named John
130 Durell Blake the Testator as and for his last Will and Testament in the
131 presence of us (both of us being present together at the same time) who in
132 his presence at his request and in the presence of each other hereunto
133 subscribe our names as witnesses thereto C H Meetes Ilminster
134 M.Q. Will[ia]m John Martin Clerk to Mess[ieur]rs Hale Boys and Austen Ely
135 Pleece Holborn
136 Proved at London 7th July 1849 before The Worshipful Frederic
137 Thomas Pratt Doctor of Laws and Surrogate by the oath of George
138 Poole one of the Executors to whom Admon was granted having been
139 first sworn duly to administer Power reserved of making the like grant
140 to Daniel Boys and Frederick Lewes Austen the other Executors when they
141 shall apply for the same.
Blog of will of Durell Blake:
http://kippeeb.blogspot.ca/2013/09/will-of-durell-blake-gentleman.html
The only death I find in Chard Registration District is for a John Durell Blake March quarter of 1848. The actul date being 1 Mar 1848. He was 26 years old according to the obituary in The Taunton Courier, Wednesday, 15 Mar 1848. This will written six months after the blogged will above is slightly different. This will was probated first with the blogged will above being probated five days later.
In this will he is remembering Julia Caroline (Durell) Blair who was married to James Blair 14 Jun 1840 and was also his sister along with his sister Jane (Durell) Poole whose husband George was one of the executors of both wills and John Durell Blake was living at their farm named White Lackington near Ilminster which is in Chard Registration District.
His wife Mary is not mentioned in this will but is mentioned in the earlier will. The only death I find for a Mary Blake is in Langport Registration District December quarter 1847 (Ilminster is just nine miles away from Langport).
It would appear that John Durell Blake and Durell Blake are the same person. I wondered if somehow Daniel Blake had been confused in the writing of the will but this does not appear to be the case. Some claim that Daniel was a brother to John Durell Blake but no mention of him in either will.
Transcriber: Elizabeth Kipp
Recorded: 14 Oct 2013
Source: The National Archives, PROB 11/2095/336
Testator: John Durell Blake, Gentleman
Place: Whitelackington, Somerset, England
Type of Record: Will
Date of document: 24 Feb 1848, probated 7 Jul 1849
Condition: 19th century English, legible copy
[Margin]: John
[Margin]: Durell
[Margin]: Blake
[Margin]: 20
1 This is the last Will and Testament
2 of me John Durell Blake now residing at White Lackington
3 Court Farm near Ilminster in the County of Somerset Gentleman In
4 the first place I direct all my just debts and funeral and testamentary
5 expences to be paid as soon as conveniently may be after my decease And
6 I charge all my real and personal Estate and Effects with the payment
7 thereof And I give and bequeath all my real and personal estate
8 property and effects whatsoever and wheresoever unto and to the use
9 of Daniel Boys and Frederick Lewes Austen both of Ely Place in the
10 County of Middlesex Gentlemen their heirs executors administrators and
11 assigns respectively according to the several natures tenures and qualities
12 of the proceeds But nevertheless upon and for the trusts intents and
13 purposes hereinafter declared and expressed via[ a vi]t Upon Trust that they
14 the said Daniel Boys and Frederick Lewes Austen or the survivor of
15 them or the heirs executors or administrators respectively of such
16 survivor or other the trustees or trustee for the time being of this my Will
17 do and shall collect receive and get in all such parts of my personal
18 estate as shall not be in their nature saleable and as to my real Estate
19 or property of the nature of real Estate I empower my said trustees or
20 trustee at such time or times as they or he shall in their or his sole and
21 uncontrolled discretion think fit to make sale and absolutely dispose of
22 or otherwise convert the same into money and that whether and
23 although such real Estate or other property may be held for life only
24 for any other defeasible or determinable estate or interest and whether
25 and although the same may be contingent or reversionary either by
26 public auction or private contract or partly in one way and partly in the
27 other and either altogether or in parcels and generally in such way and
28 manner in all respects and under and subject to such special conditions or
29 stipulations as to title or otherwise as they or he shall in their or his
30 sole and uncontrolled discretion think fit and as they or he might or
31 could do or have done in case they or he were the sole and absolute
32 owners or owner thereof with full liberty for them or him to buy in
33 premises or any of them at any public auction and wholly to rescind or
34 partially to alter and vary the terms of any contract for the sale thereof
35 or of any of them and again to sell the same in manner aforesaid
36 without being answerable for any loss or diminution of price or expences
37 to be sustained or incurred thereby and as to the net monies to arise or be
38 procured by the means aforesaid after answering and satisfying all my
39 just debts and funeral and testamentary expences and as to all my
40 estate and property whatsoever devise and bequeathed as aforesaid
41 my will is that my said trustees or trustee do and shall stand possessed
42 thereof respectively Upon the trusts and for the intents and purposes
43 following that is to say as to three equal undivided fifth parts or shares
44 thereof the whole of my property for this purpose being considered as
45 divided into five equal parts Upon Trust for the sole and separate use
46 and benefit and free disposal of my sister Julia Caroline Durell the
47 wife of James Blair and so as not be to subject to the debts control
48 engagements or interference of her present or any future husband and
49 to be assigned disposed and converted as she, nowithstanding any
50 coverture, her heirs executors or administrators shall from time to time
51 direct and as to the remaining two equal undivided fifth parts or shares
52 of my said estate and property Upon Trust for the sole and separate use
53 and free disposal of my sister Jane Poole the wife of George Poole of
54 White Lackington aforesaid and so as not to be subject to the debts
55 control engagements or interference of her present or any future
56 husband and to be assigned disposed and conveyed notwithstanding
[Page 2]
57 her coverture as she her heirs executors or administrators shall from
58 time to time direct Provided always and I do hereby expressly declare that
59 it shall be lawfull for the trustees or trustee for the time being of this my
60 Will at their or his sole and uncontrolled discretion to adjust and finally
61 settle and determine in such manner and upon such terms and conditions
62 as they or he shall in their or his judgement think fit and expedient all questions
63 disputes and suits if any such there be of and concerning or with respect to
64 my real and personal estate and effects or any part thereof respectively or in
65 any charges or incumbrances or alleged charges or incumbrances upon or
66 affecting the same respectively or any part thereof respectively and to make
67 such arrangements relative thereto and to the division and partition of
68 such estate and effects or any part thereof respectively with the owner or
69 owners of any other share estate or interest of or in the same respectively
70 or of the purchase money to arise from the sale of the entirety thereof and to
71 do and execute and cause to be done and executed all such acts deeds
72 conveyances assurances matters and things as shall or may be deemed
73 necessary or expedient in that behalf as fully and effectually in all respects
74 and to all effects constructions and purposes whatsoever as they or he might
75 or could do or have done if they or he were the sole and absolute owners
76 or owner thereof and if they or he shall deem such a course preferable
77 or necessary or expedient then to act under the direction of a Court of
78 Equity or the Sanction of a private Act of Parliament some part of
79 property and the nature and extent of my rights and interests to and in
80 it being as I am fully aware of a complicated and intricate and
81 uncertain nature Provided always and I do hereby declare my Will to be
82 that the receipt or receipts in writing of the trustees or trustee for the time
83 being of this my Will shall be a good and effectual release and discharge
84 for all and singular the monies which shall come to their or his hands
85 by virtue of or under this my Will or any of the trusts powers or
86 authorities herein declared or contained or for so much of such monies
87 as in such receipt or receipts respectively shall be acknowledged to be
88 received and that the person and persons paying such monies and
89 taking such receipt or receipts for the same as aforesaid shall not
90 afterwards be obliged to see to the application or be in anywise answer-
91 able or accountable for the loss of misapplication thereof or of any part
92 thereof And it is my Will that the said Daniel Boys and Frederick
93 Lewes Austen and their respective heirs executors and administrators
94 ahall be charged and chargeable only for such monies as they respectively
95 shall actually receive by virtue of this my Will or any of the trusts
96 powers or authorities afore said notwithstanding this their or any of their
97 signing or joining in any receipt or receipts for the sake of conformity and
98 that each of them shall be answerable for himself and his own acts and
99 wilful defaults only and that they or any of them shall not be answer-
100 able for any bank banker broker or any other person in which or in
101 whose hands all or any of the said trust monies shall or may be
102 deposited nor for the insufficiency or deficiency of any fund or security
103 in or upon which the said trust monies may happen to be invested
104 nor for any other misfortune loss of damage which shall or may happen
105 in or about the execution or the exercise of the aforesaid trusts or powers
106 or any of them in relation thereto except the same shall happen by or
107 through their own wilful default respectively and that it shall and may
108 be lawful to and for the trustees aforesaid respectively and their respective
109 heirs executors and administrators to retain to and reimburse themselves
110 respectively and to allow to their respective Cotrustee and Cotrustees all
111 costs charges damages and expences whatsoever which they respectively
112 shall or may sustain suffer expend or disburse in or about the execution
113 or exercise of the aforesaid trusts or powers or any of them or in relation
[Page 3]
114 thereto and especially that the said Daniel Boys and Frederick Lewes
115 Austen respectively and any future Trustee of this my Will who shall
116 or may be an Attorney or Solicitor shall be entitled to make the same
117 professional charges and to receive the same fees and allowances for any
118 business transacted for or relating to my Estate and Effects as they respectively
119 would be entitled to make and receive if they respectively were not such
120 trustees any rule or maxim of Courts of Equity to the contrary notwith-
121 standing And I make and appoint the said Daniel Boys and
122 Frederick Lewes Austen and likewise the said George Poole Executors
123 of this my Will and hereby revoking all former and other Wills be me
124 at any time heretofore made I declare this to be my last Will and
125 Testament In witness whereof I the said John Durell Blake the Testator
126 have to this my last Will and Testament contained in five sheets of
127 paper set my hand this twenty fourth day of February in the year of
128 our Lord one thousand eight hundred and forty eight John Durell
129 Blake Signed and acknowledged by the above named John
130 Durell Blake the Testator as and for his last Will and Testament in the
131 presence of us (both of us being present together at the same time) who in
132 his presence at his request and in the presence of each other hereunto
133 subscribe our names as witnesses thereto C H Meetes Ilminster
134 M.Q. Will[ia]m John Martin Clerk to Mess[ieur]rs Hale Boys and Austen Ely
135 Pleece Holborn
136 Proved at London 7th July 1849 before The Worshipful Frederic
137 Thomas Pratt Doctor of Laws and Surrogate by the oath of George
138 Poole one of the Executors to whom Admon was granted having been
139 first sworn duly to administer Power reserved of making the like grant
140 to Daniel Boys and Frederick Lewes Austen the other Executors when they
141 shall apply for the same.
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
[Page 2]
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
[Page 3]
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
[Page 4]
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
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
[Page 2]
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
[Page 3]
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
[Page 4]
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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