Thomas Blake, the testator, is known as he is a son of John Blake who left his will which was probated in 1818 and blogged:
http://kippeeb.blogspot.ca/2013/12/will-of-john-blake-gentleman-ford.html
John listed his children as Thomas, Elizabeth, William, Benjamin, Mary, Richard Michael and Charles as well as a deceased son John. He also mentioned his grand daughter Susan Blake (daughter of his deceased son John).
Thomas, present testator, as the eldest son is inheriting the bulk of the property to be then passed on to his son. Thomas does not mention any children in his will. Thomas appears on the 1841 Census at Stratford under the Castle and is listed as 70 years of age born in Wiltshire so would be at least 79 when he wrote his will. Living with him is his wife Ann listed as 77 years of age, Mary Evatt, 35 years of age, Harriet Evatt 30 years of age and Jane Blake 20 years of age. Jane is also born in Wiltshire but the others are not. Thomas is listed as Independent.
Elizabeth Soden Blake daughter of William Blake was married 27 Oct 1838 at Saint Thomas Winchester to William Taylor (son of John Taylor) (Family Search M13675-2).
Sometimes I am just lucky and this will which is very difficult to read has been partially transcripted in “The Law Times Reports: Containing all the Cases Argued and determined in Parliament, The House of Lords, The Privy Council, The court of appeal in Chancery, The Rolls Court, V.C. Stuart’s Court, V.C. Wood’s Court, V.C. Malin’s Court, The Court of Queen’s Bench, The Court of Common Pleas, The Court of Exchequer, The Bail Court, The Exchequer Chamber, The Court of Criminal Appeal, The Probate Court, The Court for Divorce and Matrimonial Causes, The admiralty Court, The Bankruptcy Court, At Kisi Prius, Maritime Law Cases, Together with a Selection of cases of Universal Application Decided in the Superior Courts in Ireland and In Scotland.. Volume 16, New Series, from March to August 1867, London: Horace Cox, 10, Wellington Street, Strand, W.C., page 279.
V. C. Malins’ Court
Reported by G.T. Edwards, Esq., Barrister at Law
Friday, March 15
Re: Blake’s Trusts
Will – Construction – Estate for life by implication.
A testator gave a fund upon trust to pay the dividends, etc., to A., the wife of B., for her life, and after her decease, if she should leave any child or children, upon trust to pay such dividends to B. for his life, and after his decease, then amongst the children of A. and B. But if A. should have no child who should acquire a vested interest in the fund, then after the decease of B. and A. to other persons absolutely. A. died without issue, leaving B. surviving:
Held, that B. took an estate for life by implication.
Thomas Blake, by his will dated the 23rd April 1849, among other bequests, gave and bequeathed as follows:
I give and bequeath unto Richard Blake, Charles Blake the younger, and Robert Bayspoole, the sum of 4000 l. New Three upon trust to pay the dividends and annual produce thereof and a Quarter, late Three and a Half per Cent. Bank Annuities, to Elizabeth Soden Taylor, wife of William Taylor, of Maraling, in the county of Southampton, during her life for her own use and benefit, independent of her husband, and to be in nowise subject or liable to his debts, control, disposition, or engagement, and so that the said Elizabeth Soden Taylor shall have no power to alien or anticipate the growing payments of the interest, dividends, or annual produce, or any part thereof, and from and after her decease, if she shall leave any child or children, upon tryst to pay the same dividends and annual produce to her husband William Taylor, if he shall survive his said wife, during his life, and from and after his decease upon trust to transfer and divide the said sum of 4000 l. New Three and a Quarter, late Three and a Half per Cent. Bank Annuities unto and equally between all and every the child and children of the said Elizabeth Soden Taylor, who shall attain the age of twenty-one years, or marry, for his, her, or their absolute use and benefit in equal shares.
Then followed trusts for maintenance:
And in case the said Elizabeth Soden Taylor shall have no child who shall acquire a vested interest in the said sum of 4000 l. New Three and a Quarter, late Three and a Half per Cent. Bank Annuities, under the trusts aforesaid, then I direct that my trustees shall stand possessed thereof and of the income arising therefrom, after the decease of the said William Taylor and Elizabeth Soden Taylor his wife, as to one moiety thereof, upon trust for my nephew William John Blake, his executors, administrators, and assigns, absolutely, and as to the other moiety thereof upon trust for Ann Bayspoole, her executors, administrators, and assigns absolutely.
The Testator died on the 27th April 1850; Elizabeth Soden Taylor died on the 28th Oct. 1866, without ever having had a child, leaving her husband William Taylor surviving her.
Although his late wife did not leave and never had a child, William Taylor on her death claimed to have a life-interest in the 4000 l., and the trustees paid the fund into court, and William John Blake and Robert Bayspoole and Ann his wife presented this petition, claiming to be absolutely entitled to the trust funds.
Boyle, for the petitioners, submitted that, in the events which had happened, Will Taylor did not take a life interest in the fund.
Rendall, for Mr Taylor contended that he took as tenant for life by implication.
Boyle in reply. Cases cited: Black v Bull, 1 Keen, 176; Doe v Somerset, 5 Burr.; 1 Jdarm. On Wills, 509; Cockshott v Cockshott, 2 Coll. Ch. C. 432; Bird v Hunston, 2 Swans 342; Townley v Bolton, 1 M. & K. 148.
The Vice Chancellor, after stating the will, said that it would be an absurd construction to hold that the interest of the petitioners was postponed till after the death of Mr Taylor, if Mr Taylor was not to take a life estate. The decision of Sir William Grant in Meads v Parry, 1 V. & B., 124, where a limitation over after a limitation which never took effect was established, was applicable to the present case, and he should hold that the husband took an estate for life in the fund. The costs of all parties would come out of the fund in court. Solicitors: Blake and Snow; Marshall, Westall, and Co.
Although this is a section of the will that I can actually read readily the verification of the spelling of names was quite handy and I repeat the entire section for the future.
The will of John Blake probated in 1849 is the nephew of Thomas and in the will Thomas does mention Mary in a bequest. This will was blogged earlier:
http://kippeeb.blogspot.ca/2013/12/will-of-john-blake-gentleman-ford-farm.html
The 1851 Census at Winchester lists the following for the Bayspoole family living at 62 High Street, Piece 1674, Folio 32, Page 25, Winchester St Thomas (from Find my past, marriage of Robert Bayspoole and Ann Blake 31 Jul 1831 at Winchester St Thomas):
Robert Bayspoole, head, married, male, 44 years, born 1807, hatter and furrier, born in Winchester, Hampshire
Ann Bayspoole, wife, married, 42 years, , born Hursley Hampshire
Charlotte Bayspoole, daughter, , 13 years, scholar, born Winchester, Hampshire
Fanny Bayspoole, daughter, , 11 years, scholar, born Winchester, Hampshire
Emily Bayspoole, daughter, , 10 years, scholar, born Winchester, Hampshire
Thomas [Blake] Bayspoole, son, , 9 years, scholar, born Winchester, Hampshire
Elizabeth Bayspoole, daughter, , 7 years, scholar, born Winchester, Hampshire
Lucy Bayspoole, daughter, , 6 years, scholar, born Winchester, Hampshire
Charles R[obert] Bayspoole, son, , 1 year, , born Winchester, Hampshire\
Ann Hoare, servant, unmarried, 20 years, house servant, born Itchin Abbas, Hampshire
An online chart for the Bayspoole family at Ancestry (
http://trees.ancestry.co.uk/tree/50656229/person/13224596412/photox/c2835aff-ba5f-48ff-96d7-d67340444044?src=search ) lists a marriage for Emily to a Dr Thomas John Blake with sons Thomas Fitzroy Blake and Charles Wiltshire Blake. Free BMD shows this marriage at Croydon, Sussex September quarter 1873. This family does appear on the 1881 census at Hendon Middlesex and Thomas J Blake is 61 years of age and born at Tidminster Wiltshire and his qualification is listed as MD LRCP. The sons are born at Kilburn Middlesex.
Thomas John Blake does appear on the 1871 census married to Elizabeth (50 years of age, born at Salisbury and they appear not to have any children, he is a qualified physician and he was born at Idmiston). Is he a son of Benjamin Blake brother to the testator? Found again on the 1861 census at Salisbury, Wiltshire, married to Elizabeth and he is a licensed physician and they have one daughter Emily Sophia d14 years of age born at Salisbury. His place of birth Idmiston again. On the 1851 census at Salisbury, he is a surgeon and there is another daughter Agnes F 9 years of age born at Salisbury. His place of birth Idmiston.
Names mentioned in the will:
Thomas Blake, testator, Stratford under the Castle
Ann Blake, wife of testator
Ann Bayspoole, niece, Winchester, Hampshire
Robert Bayspoole, nephew in law, trustee, executor, hatter, Winchester, Hampshire
Thomas Blake, nephew, son of Benjamin Blake
Elizabeth Sutton, niece, daughter of Benjamin Blake
Sara Blake, niece, daughter of Benjamin Blake
Richard Blake, nephew, Banker’s Clerk, Salisbury
Charles Blake, the younger, nephew, No 68 London Wall, Middlesex, Solicitor
Susan Sutton, niece, Winterbourne, Wiltshire
George Sutton, husband of Susan, driller, Winterbourne, Wiltshire
William John French, the elder, gentleman, Wilton, Wiltshire
Mary Blake, niece, widow of nephew John Blake of Ford
Harriet Cottle Evatt, wife’s niece, Stratford
Mr Alexander, land owner
Charles Blake, brother, gentleman, Idmiston, Wiltshire
Susan Smith, niece, widow
Elizabeth Soden Taylor, Nursling, Hampshire
William Taylor, husband of Elizabeth Soden Taylor, Nursling, Hampshire
William John Blake, nephew
George Brown, indentee
Elizabeth Brown, indentee
John Blake, brother, deceased
Matthew Thomas Hodding, solicitor, Salisbury, witness
W J Dudman, clerk to M T Hodding
Mary Evatt, sister in law
Mary Ann Evatt, wife’s niece
Charles Marsh Lee, Solicitor, witness, Salisbury
James Sutton, clerk to Charles Marsh Lee, witness
Emma Blake, witness
Richard Blake, witness, Ford, Wiltshire
Is the Richard Blake, trustee in the will, the Richard Blake who is a witness and living at Ford? There is a Richard Blake son of Charles Blake living at Idmiston on the 1851 census. Charles is 62 years of age, farmer of 1000 acres and born at Ford. There is also a son Edward 24 years and a daughter Elizabeth 21 years. A few mysteries to solve in this family.
Transcriber: Elizabeth Kipp
Recorded: 30 Dec 2013
Source: The National Archives, PROB 11/2114/134
Testator: Thomas Blake, Esquire
Place: Stratford under the Castle, Wiltshire, England
Type of Record: Will
Date of document: 23 Apr 1849, probated 12 Jun 1850
Condition: 19th century English, legible copy
[Margin]: Thomas
[Margin]: Blake Esq[uie]r
[Margin] 50.
1 This is the Last Will and Testament
2 of me Thomas Blake of Stratford under the Castle in the County
3 of Wilts Esquire made and published this twenty third day of April
4 one thousand eight hundred and forty nine I give to my dear Wife
5 Ann Blake All my household furniture plate linen pictures china
6 wines and other liquors and also all my horses and carriages Also
7 I give to my said wife the sum of five hundred pounds sterling
8 and I direct that the same shall be paid to her within three months
9 after my decease I give to my Niece Ann Bayspoole Wife of Robert
10 Bayspoole of the city of Winchester Hatter the sum of Two thousand
11 and five hundred pounds Bank stock I give to my Nephew Thomas
12 Blake son of my Brother Benjamin Blake the sum of three thousand
13 pounds sterling To my niece Elizabeth Sutton the sum of one thousand
14 pounds sterling and to my niece Sara Blake the sum of one thousand
[Page 2]
15 pounds sterling which said Elizabeth Sutton and Sarah Blake are
16 daughters of my said Brother Benjamin Blake I give to Richard
17 Blake of Salisbury in the County of Wilts Banker’s Clerk, to Charles
18 Blake the younger of No. 68 London Wall in the County of Middle-
19 sex Solicitor and to the said Robert Bayspoole of Winchester Hatter each
20 the sum of one thousand pounds sterling Upon Trust to invest the same
21 in their own names in government or real securities in England and
22 to pay the dividends interest and annual produce thereof to my Niece
23 Susan the Wife of George Sutton of Winterbourne in the County of
24 Wilts Driller for her own separate use during her life and to be free
25 from the debts control or engagements of the said George Sutton And
26 I direct that her receipts alone shall notwithstanding her coverture
27 be a sufficient discharge for the same And from and after her decease
28 Upon trust to pay the dividends interest and annual produce of the
29 said trust money to the said George Sutton during the time of his
30 natural life and after the decease of the survivor of them the said
31 Susan Sutton and George Sutton Upon trust to transfer and divide
32 the same sum of one thousand pounds or the stocks funds and securi-
33 ties whereon the same might be invested unto and equally between
34 all and every the child and children of the said Susan Sutton who
35 shall attain the age of twenty one years or marry for his her and
36 their absolute benefit And I direct that if at the decease of the survi-
37 vor of them the said George Sutton and Susan Sutton his Wife any
38 of their children shall be under the age of twenty one years and
39 unmarried then the annual income arising from his her or their
40 presumptive share or respective shares shall be applied by my trustees
41 to the maintenance and education of such child or children respectively
43 And in case the said Susan Sutton shall leave no child who shall
44 acquire a vested interest in the said sum of one thousand pounds
45 under the trust aforesaid then I direct that my trustees shall stand
46 possessed thereof and of the income arising therefrom after the death
47 of the said Susan Sutton and of her child or children so dying with-
48 out acquiring a vested interest as aforesaid Upon trust for the said
49 George Sutton his executors administrators and assigns I give to William
50 John French the elder of Wilton in the County of Wilts Gentleman the
51 sum of two thousand and five hundred pounds Bank Stock I give to
52 my Niece Mary Blake the Widow of my late Nephew John Blake
53 of Ford the sum of two thousand and five hundred pounds Bank
54 stocks for her own use absolutely I give and devise to my Wife’s Niece
55 Harriet Cottle Evatt the cottage and piece of freehold ground at Strat-
56 ford aforesaid and now in her own occupation which lies east of the
57 parish was and is bounded by Elm Plot and by a leasehold tenement
58 held under Mr Alexander To hold to her the said Harriet Cottle Evatt
59 her heirs and assigns for ever I give and bequeath the leasehold
60 property situate at Stratford aforesaid which I hold under the
61 Chancellor of the Cathedral Church of Salisbury to my Wife Ann
62 Blake for life and after her decease I give the same to Richard Blake
63 of Salisbury aforesaid Banker’s Clerk To hold unto the said Richard
64 Blake his executors administrators and assigns for all the estate and
65 interest which I shall then have therein I give and devise all my
66 freehold estates situate at Stratford and Ford and elsewhere in the
67 County of Wilts (except that I have herein before devised) To the uses
68 following that is to say To the use of the said Richard Blake Charles
69 Blake the younger and Robert Bayspoole their executors administra-
70 tors and assigns for the term of one hundred years to commence and be
71 computed from the day of my decease and thenceforth next ensuing and
72 fully to be complete and ended without impeachment of waste Upon
[Page 3]
73 and for the trusts intents and purposes and subject to the powers provisoes
74 and determination hereinafter expressed concerning the same And from and
75 after the determination of the said term of one hundred years and in the
76 meantime subject thereto and to the trusts thereof To the use of my brother
77 Charles Blake of Idmiston in the County of Wilts Gentleman and his
78 assigns during the term of his natural life without impeachment of
79 waste and from and after his decease To the use of his son the said
80 Charles Blake the younger of No. 68 London Wall in the County of
81 Middlesex his heirs and assigns for ever I give devise and bequeath
82 all the leasehold and copyhold or customary messuages lands tenements
83 and hereditaments whatsoever situate in the County of Wilts which I
84 shall be possessed of or interested in at the time of my decease except the
85 leasehold property hereinbefore given to my Wife and the said Richard
86 Blake unto the said Richard Blake Charles Blake the younger and
87 Robert Bayspoole their heirs executors administrators and assigns for
88 all the estate and interest which I shall have therein respectively at
89 the time of my decease To the same uses and upon the same trusts as
90 are hereinbefore declared and contained concerning the said term of one
91 hundred years in my freehold estates hereinbefore devised or as near
92 thereto as the different tenures of the said leasehold and copyhold estates
93 and other other tenure and tenures will apoint of And as to the said term of one hun-
94 dred years hereinbefore limited to the said Richard Blake Charles Blake
95 the younger and Robert Bayspoole I declare that the same term is so
96 limited to them Upon trust that they the said Richard Blake Charles
97 Blake the younger and Robert Bayspoole or the survivors or survivor
98 of them or the executors or administrators of such survivor shall and do on
99 and out of the rents and profits of the said hereditaments and premises or
100 any of them or by bringing actions against the tenants or occupiers of the
101 same hereditaments or any of the for the rents then in arrear or by
102 bonding arguing mortgaging selling or otherwise disposing of the said
103 hereditaments and premises comprised in the said term of one hundred
104 years or any of them or any part thereof for the whole or any part of the
105 said term or by any other reasonable ways and means levy and raise
106 during the life of my said Wife Ann Blake the annual sum of four hun-
107 dred pounds and also during the life of my Niece Susan Smith Widow
108 levy and raise the further annual sum of one hundred pounds and do
109 and shall pay the same annual sums respectively to my said Wife
110 Ann Blake and the said Susan Smith respectively and their respective
111 executors by equal quarterly payments the first payment thereof to be
112 made at the expiration of three calendar months after my decease And
113 I hereby declare that it shall be lawful for the said Richard Blake
114 Charles Blake the younger and Robert Bayspoole or the survivors or
115 survivor of them and the executors or administrators of such survivor
116 to sign and give receipts in writing for the sum or sums of money so to be
117 raised by them or him as aforesaid and that the person or persons
118 paying or advancing the same respectively and taking such receipt or
119 receipts shall not be answerable or accountable for the loss misapplica-
120 tion or nonapplication thereout provided always and I declare that
121 from and immediately after the trusts hereinbefore declared of and con
122 cerning the said term of one hundred years shall in all respects be
123 fully performed and satisfied or shall become immediately or incapable
124 of taking effect and the said Richard Blake Charles Blake the younger
125 and Robert Bayspoole their executors administrators and assigns shall
126 be fully reimbursed and satisfied all costs charges and expences if
127 any has been incurred by or relating to the trusts thereby reposed in them
128 for raising the annual amount and amounts and which costs and expences
129 they are hereby entitled and empowered to have and receive by all or
[Page 4]
130 any of the ways and means aforesaid and to retain accordingly the same
131 term shall as to all the said hereditaments comprised therein or as to and
132 of the same hereditaments as shall not have been sold or mortgaged for the
133 purposes aforesaid absolutely cease and determine And subject as afore-
134 said I give devise and bequeath the said leasehold and copyhold or
135 customary messuages lands tenements and hereditaments except the lease
136 hold property given to my Wife and the said Richard Blake as aforesaid
137 Unto and to the sons of my said Brother Charles Blake and his assigns
138 during the term of his natural life And after his decease then unto and
139 to the use of his Son the said Charles Blake the younger his executors
140 administrators and assigns I give and bequeath unto the said Richard
141 Blake Charles Blake the younger and Robert Bayspoole the sum of
142 four thousand pounds new three and a quarter late three and a half
143 per centum Bank annuities Upon trust to pay the dividends and annual
144 produce thereof to Elizabeth Soden Taylor Wife of William Taylor of
145 Nursling in the County of Southampton during her life for her own use
146 and benefit independent of her husband to be in nowise subject
147 or liable to his debts control disposition or engagements and so that
148 the said Elizabeth Soden Taylor shall have no power to alien or antici-
149 pate the growing payments of the dividends interest and annual produce
150 or any part thereof And from and after her decease if she shall leave
151 any child or children Upon trust to pay the same dividends and
152 annual produce to her husband William Taylor if he shall survive
153 his said Wife during his life And from and after his decease Upon
154 trust to transfer and divide the said sum of four thousand pounds
155 New three and a quarter late three and a half per centum Bank an-
156 nuities unto and equally between all and every the child and children
157 of the said Elizabeth Soden Taylor who shall attain the age of twenty
158 one years or marry for his her or their absolute use and benefit in equal
159 shares And I direct that if at the decease of the survivor of them the
160 said William Taylor and Elizabeth Soden Taylor his Wife any of their
161 children shall be under the age of twenty one years and unmarried
162 then the annual income arising from his her or their presumptive share
163 or respective shares shall be applied by my trustees for the maintenance
164 and education of such child or children respectively And I direct that
165 the unapplied portion of any of such income shall from time to time be
166 added to the capital of the share whence the same shall have arisen
167 but nevertheless the same shall continue liable to be applied if occasion
168 shall require to the maintenance and education of the child or children
169 respectively from whose presumptive share or respective shares the
170 same shall have arisen And in case the said Elizabeth Soden Taylor
171 shall leave no child who shall acquire a vested interest in the said
172 sum of four thousand pounds new three and a quarter late three and a
173 half per centum bank annuities under the trusts aforesaid then I direct
174 that my trustees shall stand possessed thereof and of the income arising
175 therefrom after the decease of the said William Taylor and Elizabeth
176 Soden his Wife As to one moiety thereof Upon trust for my Nephew
177 William John Blake his executors administrators and assigns absolute-
178 ly And as to the other moiety thereof Upon trust for the said Ann
179 Bayspoole her executors administrators and assigns absolutely I give
180 and bequeath unto the said Richard Blake Charles Blake the
181 younger and Robert Bayspoole the sum of four thousand pounds the
182 stock new three and a quarter late three and a half per centum
183 bank annuities Upon trust to transfer and devise the same unto and
184 equally between the three children of my Nephew William John
185 Blake by his first marriage upon their respectively attaining the
186 age of twenty one years or marrying under that age which shall
[Page 5]
187 first happen And I declare my Will to be that if any or either of them
188 shall die under the age of twenty one years without having been married
189 then the share or shares of them him or her so dying shall go and accrue
190 to the survivors or survivor or others or other of them so attaining the
191 age of twenty one years or marrying as aforesaid But in case they shall
192 all die under age and without marrying as aforesaid then I direct
193 my said trustees to pay the said sum of four thousand pounds stock to
194 the said William John Blake his executors administrators and
195 assigns I give and bequeath to the said Richard Blake Charles Blake
196 the younger and Robert Bayspoole the sum of two thousand and
197 five hundred pounds bank stock and I direct that they shall stand
198 possessed thereof Upon the same trusts and to and for the same ends
199 intents and purposes and with under and subject to such and the same
200 powers provisions and declarations as are expressed and declared in and
201 by a certain Indenture bearing date the tenth day of November one
202 thousand eight hundred and forty and made between myself the said
203 Thomas Blake of the first part George Brown and Elizabeth his wife
204 of the second part and the said William John French John Blake
205 deceased and Charles Blake of the third part of and concerning the
206 sum of two thousand pounds hereby settled And as to all the rest
207 and residue of my real and personal estate and effects whatsoever
208 and wheresoever and of what nature or kind soever I give devise
209 and bequeath the same in manner following that is to say As to one
210 fourth part thereof I give devise and bequeath the same unto my
211 Nephew the said Charles Blake the younger his heirs executors ad-
212 ministrators and assigns as to one other fourth part thereof I give
213 devise and bequeath the same to the said Ann Bayspoole the Wife of
214 the said Robert Bayspoole her heirs executors administrators and
215 assigns As to one other fourth part thereof I give devise and bequeath
216 the same unto the said Richard Blake his heirs executors administra-
217 tors and assigns As to one eighth part thereof I give devise and bequeath
218 the same to the said William John French the elder his heirs execu-
219 tors administrators and assigns And as to the remaining one eighth
220 part thereof I give devise and bequeath the same to the said Rich-
221 ard Blake Charles Blake the younger and Robert Bayspoole And
222 I direct that they shall stand possessed thereof Upon the same
223 trusts and to and for the same ends intents and purposes and with
224 under and subject to such and the same powers provisoes and decla-
225 rations as are expressed and declared in and by the before mentioned
226 Indenture bearing date the tenth day of November one thousand
227 eight hundred and forty and made between myself the said Thomas
228 Blake of the first part the said George Brown and Elizabeth his
229 Wife of the second part and the said William John French John
230 Blake deceased and Charles Blake of the third part of and concerning
231 the sum of two thousand pounds thereby settled I give and devise
232 to the said Richard Blake Charles Blake the younger and Robert
233 Bayspoole and their heirs All the real estate now vested in me as
234 a trustee Upon trust to carry into effect the trusts and purposes affect-
235 ting the same And I also give and devise unto the said Richard
236 Blake Charles Blake the younger and Robert Bayspoole and their
237 heirs All the real estate now vested in me as a Mortgagee Upon
238 trust to stand seized thereof subject to the equity of redemption
239 subsisting therein and upon the receipt or discharge of the moneys
240 secured on mortgage to execute such assurance of the legal estate of
241 the mortgagee hereditaments as the nature of the case may
242 require Provided and I do hereby declare that it shall be lawful
243 for the said trustees or trustee for the time being of this my Will at
244 any
[Page 6]
245 any time or from time to time to sell and dispose of any stock funds and
246 securities whereon any of my trust monies for the time being shall or may
247 happen to be invested And to invest the money to arise from such Sale
248 in any other of the stocks or funds or other Government securities of the
249 United Kingdom or on mortgage of freehold copyhold or leasehold estates
250 in England or Wales and to vary and transfer the same as often as occasion
251 shall require or as shall be thought fit Provided also and I hereby declare
252 that in case the said Richard Blake Charles Blake the younger and
253 Robert Bayspoole or any or either of them shall die in my lifetime or
254 shall renounce the execution of the Note hereby executed or in case the said
255 Richard Blake Charles Blake the younger and Robert Bayspoole or
256 any or either of them or any trustee or trustees to be appointed under
257 this present provision shall afterwards die or shall be absent from the
258 United Kingdom for the space of six Calendar months at one time or
259 shall otherwise become unable or unwilling to act in the aforesaid
260 trusts then and so often as the same shall happen it shall be lawful
261 for the surviving or continuing trustees or trustee or if there be no such
262 trustee than for the retiring or renouncing trustee for the time being or
263 if there be no such last mentioned trustee then for the executors or
264 administrators of the last deceased trustee to nominate any fit person or
265 persons to supply the place or places of the trustee or trustees respectively
266 so dying residing abroad or becoming unwilling or unable to act as
267 aforesaid and such new trustee or trustees shall have and be capable
268 of exercising all the powers and authorities whatsoever hereinbefore
269 contained in the same manner to all intents and purposes as if he or
270 they had been appointed a trustee or trustees by this my Will provided
271 also that the trustees for the time being of this my Will shall be
272 charged and chargeable with such sums only as they respectively shall
273 actually receive by virtue of the trusts hereby reposed in them notwith-
274 standing their joining in any receipt or receipts or doing any other act
275 for the sake of conformity and that they or any of them shall not be
276 answerable or accountable for any involuntary loss misfortune or
277 damage which may happen in the execution of the aforesaid trusts or
278 in wherein thereto Provided also and I hereby lastly declare that it
279 shall be lawful for the said trustees or trustee for the time being of
280 this my Will by and out of the money which shall come to their or
281 his hands by virtue of the trusts aforesaid to deduct retain and reim-
282 burse themselves respectively or himself and also to allow to each
283 other all costs charges damages and expenses and fees to Counsel for
284 advice which they or any of them may sustain disburse or incur
285 in or about the execution of the aforesaid trusts or in relation thereto
286 And I hereby revoke all former wills by me at any time heretofore
287 made and I nominate and appoint the said Richard Blake Charles
288 Blake the younger and Robert Bayspoole Executors of this my will
289 In Witness whereof I the said Thomas Blake the Testator have
290 to this my Will and Testament contained in eight sheets of paper
292 set my hand and seal (that is to say) to the first seven sheets thereof
293 my hand and to this eighth and last sheet my hand and seal the
294 day and year first hereinbefore written Thos Blake
295 Signed Sealed published and declared by the above named Thomas
296 Blake as and for his last Will and Testament in the presence of us
297 who in his presence at his request and in the presence of each
298 other have subscribed our names as Witnesses thereto the same having
299 been previously read out and fully explained to him on consequence
300 of his blindness Matt: Tho Hodding Sol[icito]r Salisbury W J Dudman
301 his clerk
[Page 7]
302 I Thomas Blake of Stratford in the County of Wilts
303 Esquire do publish and declare this to be a Codicil to my last Will and
304 Testament I direct the trustees named in and by my said Will and I
305 hereby give to them and each of them full power and authority to pay
306 the various bequests made to my Wife Ann Blake by my said Will and
307 every part thereof respectively to her Sister Mary Evatt and her Nieces
308 Mary Ann Evatt and Harriet Cottle Evatt daughters of the said
309 Mary Evatt and the survivors or survivor of them to be paid and applied
310 as by them for the maintenance and benefit of my said Wife according
311 to their direction and I direct that the receipt or receipts to be from
312 time to time given by them the said Mary Evatt Mary Ann Evatt
313 and Harriet Cottle Evatt or either of them to my said trustees for the
314 aforesaid monies or any of them or any part of the same respectively
315 shall be a good and sufficient discharge to my said trustees for the
316 same I confirm my said Will in all other respects Witness my hand
317 this twenty third day of April one thousand eight and forty
318 nine Thos Blake Signed published and declared by the
319 above named Thomas Blake as and for a Codicil to his last Will
320 and Testament in the presence of us who in his presence at his request
321 and in the presence of each other have subscribed our names as Witnesses
322 thereto the same having been previously read over and fully explained
323 by them in consequence of his blindness Matt: Tho: Hodding Solr
324 Salisbury W. P. Dudman his Clerk
325 This is a second Codicil to the last Will and Testa-
326 ment of me Thomas Blake of Stratford in the County of Wilts Esquire
327 such Will bearing date the twenty third day of April instant I give and
328 bequeath to my housekeeper Mary Ann Evatt Spinster the sum of two
329 thousand pounds to be paid by my executors immediately after my
330 decease provided she shall be living in my service at the time of
331 my death In witness whereof I the said Thomas Blake have to
332 this second Codicil to my last Will and Testament set my hand this
333 thirtieth day of April one thousand eight hundred and forty nine
334 Thos Blake Signed by the said Thomas Blake the Testator
335 as and for a Codicil to his last Will and Testament in the presence
336 of us who at his request in the presence of each other have here
337 unto subscribed our names as witnesses the same having been first
338 read over and fully explained to him Chas Marsh Lee Solicitor
339 Salisbury James Sutton his Clerk
340 This is a Codicil to my Will dated the twenty third day
341 of April one thousand eight hundred and forty nine Whereas I have
342 stated by my said Will given and bequeathed to my dear Wife the fur-
343 nature plate Linen china and other the things in and about my house
344 at Stratford wherein I live And whereas it is my wish that my said
345 Wife should have the use and enjoyment thereof for life and that
346 after her decease the same should go to and belong to my dear Wifes
347 dear Niece Mary Ann Evatt therefore I do hereby revoke my said gift
348 and bequeathed contents in my said Will and in lieu thereof I do hereby
349 give the said furniture plate linen china goods and only the things
350 in and about me and devise to my dear Wife for life and
351 after her decease I give and bequeath the same to my dear Wife’s
352 Sister only Mary Evatt and for her absolute use and benefit In
353 witness where I have hereunto set my hand this nineteenth day of
354 February one thousand eight hundred and fifty Thos Blake
[Page 8]
355 Signed and declared by Thomas Blake of Stratford in the County of Wilts
356 Esquire as and for a Codicil to his last Will and Testament in the presence
357 of us present at the same time who at his request in his presence and in the
358 presence of each other have subscribed our names as witnesses hereto
359 Emma Blake Richard Blake of Ford
360 In the Prerogative Court of Canterbury
361 In the Goods of Thomas Blake Esquire deceased
362 Appeared Personally Charles Marsh Lee of Salisbury
363 in the County of Wilts Gentleman one of the subscribed Witnesses to the
364 second Codicil to the last Will and Testament with three Codicils thereto of the
365 said Thomas Blake late of Stratford under the Castle in the County of
366 Wilts Esquire deceased the said Will bearing date the twenty third day of
367 April one thousand eight hundred and forty nine and the said three
368 Codicils bearing date respectively the twenty third day of April one thousand
369 eight hundred and forty nine the thirtieth day of April one thousand
370 eight hundred and forty nine and the nineteenth day of February one
371 thousand eight hundred and fifty and being hereunto annexed and the
372 deponent having now inspected the said second Codicil made said that
373 on the said thirtieth day of April the said Testator duly executed the said
374 second Codicil by signing his name at the foot or end thereof in the pre-
375 sence of said deponent and of James Sutton the other subscribed Witness
376 thereto who were both present at the time and this deponent and the
377 said James Sutton thereupon attested and subscribed the said second
378 Codicil in the presence of the said Testator and of each other The same
379 having been previously read over and fully explained to the said Testator
380 in consequence of his being blind Chas Marsh Lee On the tenth
381 day of June 1850 the said Charles Marsh Lee was duly sworn to the
382 truth of this Affidavit by virtue of the annexed Commission before me
383 C. F. Edge Commissioner
384 Proved at London with three Codicils 12th June 1850 before the
385 Worshipful Alfred Waddilove Doctor of Laws and Surrogate by the oaths
386 of Richard Blake Charles Blake the younger the Nephew and Robert
387 Bayspoole the executors to whom adm[inistrati]on was granted having been
388 first sworn duly to administer
