The testator, Thomas Blake, appears on the 1851 Census of England living on King Street, Saint James Westminster, Middlesex. He is a lodger with the Charles Sherburn family whom he mentions in his will below. Thomas is said to be born in Aberdeen and was 72 years of age in 1851 so born circa 1779. He identifies his sister as Elizabeth Morison and the marriage lines found on Scotlands People gives her father as John Blake.
William Morrison and Elizabeth Blake were married 7 May 1825 at Saint Nicholas Blotter and Scroll, Aberdeen, Scotland and she was the daughter of John Blake. Louisa Blake Morison was baptized 2 Mar 1832 at Aberdeen daughter of William Morison and Elizabeth Blake (she is mentioned in the will below and does help to show that this is the sister of the testator). On the 1851 census Elizabeth gives her place of birth as Aberdeen and her birth year circa 1795.
A search of Scotlands People revealed a baptism for Elizabeth Blake daughter of John Blake and Elizabeth Jaffrey 3 Feb 1796 at Bolton. Continuing with the search there was a John Blake baptized 5 Sep 1776 at Bolton son of John Blake and Hellen Begbie. Bolton is a hamlet in East Lothian Scotland and is about 20 miles east of Edinburgh. It is 149 miles from Bolton to Aberdeen. Interesting to find but not helpful at the moment. No Thomas was found baptized in Aberdeen.
From a set of marriage transcriptions “Persons Affiliated w/B. Guiana in British Newspapers, Marriages”
http://www.rootsweb.ancestry.com/~nyggbs/Transcriptions/LisaB/MarriagesTrans2015.pdf
Aldrich-Morison marriage: At St Martins in the Fields, on the 30th ult, by the Rev F W B Bouverie, incumbent of St. Paul’s Aberdeen, assisted by the Rev W G Humphrey, BD, vicar, the Rev Frederich James Aldrich, MA, curate of Chingford and formerly of St Martins in the Fields to Louise Blake Morison, sole surviving child of the late William Morison, Esquire, of Aberdeen, and niece of the late Thomas Blake, Esquire, of Vive la Force, British Guiana, 9 Aug 1862. A daughter of this marriage Dame Louisa Brandreth Aldrich-Blake, DBE, was one of the first British women to enter the world of medicine.
There was a marriage of Alexander Foxcroft Ridgway, bachelor of St James Westminster to Jane Gray, spinster, by licence the 14th of August 1824 at St George Hanover Square. Alexander Foxcroft Ridgway was an accountant in Leicester Square. This was possibly the connection as I can not see anything else that might connect this family with the testator.
Transcriber: Elizabeth Kipp
Recorded: 31 Jan 2017
Source: The National Archives, PROB 11/2187
Name of testator: Thomas Blake, Esquire
Place: late of the Colony of British Guiana, now of No 10 King Street, Saint James, Middlesex
Type of Record: Will
Dated: 4 Feb 1853, probated 2 Mar 1854
[In margin] Thomas Blake, Esquire 96
1 This is the last Will and Testament
2 of me Thomas Blake late of the Colony of British Guiana but now
3 of No 10 King Street Saint James’s in the County of Middlesex Esquire
4 whereby I give and bequeath out of my ready money To the Poors fund
5 of Demerary in the Colony aforesaid One hundred Spanish dollars and
6 out of the trust monies hereinafter provided the following Legacies that
7 is to say To Dr James Brown Gibson Surgeon of her Majesty 11th and
8 Regiment of Light Dragoons Lancers and to my Sister Elizabeth Morison
9 the wife of William Morison of the City of Aberdeen North Britain the
10 sum of One hundred pounds Sterling each To Jane the wife of Alexander
11 Foxcroft Ridgway of Leicester Square in the County of Middlesex Gentleman
12 the sum of Five hundred pounds Sterling for her sole and separate use
13 independently and exclusively of her now present or any future husband
14 and without being subject to his debts control interference or engagements
15 and so that the receipt of the said Jane Ridgway alone whether covert
16 or sole shall be a sufficient discharge for the same To Mary Sherburn
17 the wife of Charles Sherburn of No 10 King Street Saint James aforesaid
18 the sum of Three hundred pounds for her sole and separate use independently
19 and exclusively of her now present or any future husband and without
20 being subject to his debts control interference or engagements and so that
21 the receipt of the said Mary Sherborn alone whether covert or sole
22 shall be a sufficient discharge for the same To Charles Stewart Parker
23 and William Robertson Sandbach of the firm of Sandbach Tinne and
24 Company Exchange Buildings Liverpool Merchants the sum of One
25 hundred pounds Sterling each as some renumeration to them for the
26 trouble they may be put to in their execution of the trusts of this my will
27 I give and devise all my real estate whatsoever and wheresoever including
28 copyhold or customary messuages lands and tenements and chattels real of
29 or to which I am now or at the time of my death shall be seized or
30 entitled either at law or in equity or of which I have power to dispose by
31 this my Will unto and to the use of the said Charles Stewart Parker and
32 William Robertson Sandbach their heirs executors administrators and
33 assigns according to the nature and tenure thereof Upon trust that they the
34 said Charles Stewart Parker and William Robertson Sandbach and the
35 survivor of them and the heirs executors or administrators of such survivor
36 their or his assigns do and shall when and as they or he shall in their
37 absolute and uncontrolled discretion see fit absolutely sell and dispose of my
38 said real estate either entire and altogether or in parcels and either by
39 Public Auction or private Contract with power to buy in and to rescind any
40 Contract for Sale of the said premises or any part thereof and to resell the
41 same without being answerable for any loss which may be occasioned
42 thereby and also with power to insert any special or other stipulations in
43 any Contract for a Conditions of Sale either as to title or evidence of title or
44 otherwise and with power to enter into make execute do and perform all
45 Contracts Agreements Conveyances Assurances Acts deeds and charges for
46 effectuating such Sale or Sales as may be necessary or expedient and do
47 and shall stand possessed of and interested in the purchase money to arise
48 from such Sale or Sales as aforesaid upon and for the trusts intents and
49 purposes and with under and subject to the powers provisos and declarations
50 hereinafter declared expressed and contained of and concerning the same I
51 give and bequeath all the money securities or money stocks funds and other
52 Personal Estate whatsoever and wheresoever of or to which I am now
53 at the time of my death shall be possessed or entitled either at law or in
54 equity for any estate of which I can dispose by this my will (except chattels
55 real included in the said devise of real estate unto the said Charles
56 Stewart Parker and William Robertson Sandbach their executors
57 administrators and assigns Upon trust that they the said Charles Stewart
58 Parker and William Robertson Sandbach and the survivor of them and
59 the executors or administrators of such survivor their or his assigns do and
60 shall at their or his absolute discretion as to such parts of my said personal
61 estate as shall consist of securities for money stocks of funds either permit
62 the same to remain on their then actual state of investment or when and
63 as they or he shall see fit call in sell dispose of and convert into money such
64 parts and all other my personal estate as shall not consist of ready money
65 and do and shall stand possessed of the monies to arise from such calling
66 in the disposition and conversion into money and of the ready money of
67 which I shall be possessed at the time of my death Upon and for the
68 trusts intents and purposes and with under and subject to the power
69 provisos and declarations hereinafter expressed declared and contained of
70 and concerning the same And I do direct further declare that the said
71 Charles Stewart Parker and William Robertson Sandbach and the survivor
72 of them and the heirs executors or administrators of such survivor their or
73 his assigns do and shall stand possessed of the monies to arise from the sale
74 or sales of the said real and personal estate hereinbefore created to be
75 respectively sole disposed of called in and converted into money and of the
76 said Stocks funds and securities which shall be permitted to remain in
77 their then actual state of investment and of the ready money of which I
78 shall be possessed at the time of my death Upon trust that they the said
79 Charles Stewart Parker and William Robertson Sandbach and the survivor
80 of them and the heirs executors or administrators of such survivor their
81 or his assigns do and shall with and out of such part of the said monies as
82 shall have arisen from the Sale or Sales of real estate or personal Estate
83 savouring of real estate exclusively and in exoneration of such part of
84 my personal Estate as shall not savour of real estate pay satisfy and
85 discharge all my just debts funeral and testamentary expences and the
86 costs and expences incurred in and about the sale or sales calling in and
87 conversion into money as aforesaid or otherwise in relation to the trusts
88 aforesaid and the several pecuniary legacies given by this my Will and
89 which I may give by any Codicil to this my Will or by any Testamentary
90 disposition whatsoever and do and shall lay out and invest the residue
91 of all the said monies which shall remain after answering the purposes
92 aforesaid in the monies or name of them the said Charles Stewart Parker
93 and William Robertson Sandbach or the survivor of them or the
94 executors or administrators of such survivor their or his assigns
95 (after called the said Trustees or Trustee) in the Parliamentary Stocks or
96 Public funds of Great Britain or at interest on Government or real
97 Securities in England Wales or Ireland but not in Scotland or on shares
98 bonds debentures or securities of any Canal Dock or _____ Railway
99 Company in England Wales or Ireland for which an Act of Parliament
100 shall have been obtained or in any Public Company carrying on
101 business in England Wales or Scotland and being a Corporation under or
102 by virtue of any Act or Acts of Parliament now or hereafter to be in force
103 and do and shall from time to time alter vary and transpose the said
104 trust monies so to be laid out and invested as last aforesaid and the stocks
105 funds and securities in which the same shall be laid out and invested and
106 also the stocks funds and securities which the said trustees or trustee may
107 think it desirable to continue as aforesaid for or into any other such stocks
108 funds or securities as hereinbefore mentioned or referred to at their or his
109 discretion such trusts or powers for the investment and change in the invest-
110 ment of the said trust monies nevertheless to be so restrained as hereinafter
111 mentioned And I do hereby declare that the said trustees or trustee for the
112 time being shall stand and be possessed of the trust monies aforesaid and
113 of all and every the stocks trusts and securities whereon any part of my
114 real or personal estate or the monies to arise from the sale or reversion
115 thereof shall for the time being be invested and the interest dividends and
116 annual proceeds thereof respectively upon and for the trusts intents and
117 purposes and with under and subject to the powers provisos and declarations
118 hereinafter expressed and declared of and concerning the same that is to
119 say Upon trust until my niece Louisa Blake Morison daughter of my
120 said Sister Elizabeth Morison shall attain the age of twenty one years
121 to apply the interest dividends and annual produce of the said trust monies
122 stocks funds and securities or so much thereof as they or he shall in their
123 or his discretion think fit for or towards the maintenance and education
124 of the said Louisa Blake Morison and do and shall invest the surplus
125 of such interest dividends and annual produce which shall from time
126 to time remain after answering the sale trust for maintenance and
127 education in their or his names or name in some or one of the stocks
128 funds or securities hereinbefore mentioned or referred to at their or his
129 discretion and do and shall receive the interest dividends and annual
130 produce of the stocks funds and securities whereon such surplus shall
131 from time to time be invested and lay out and invest the same upon other
132 stocks funds and securities of the like nature so that the same and all
133 resulting income and produce thereof may until the said Louisa Blake
134 Morison shall attain the age of twenty one years accumulate in the
135 way of compound interest And I hereby declare that all such
136 accumulations shall be considered as accretions to the trust moneys
137 stocks funds and securities from whence they shall have originally proceeded
138 and that such accumulations and the interest dividends and annual produce
139 thereof shall be respectively held and applied by my said Trustees or
140 Trustee accordingly and I hereby declare that my said Trustees or Trustee do
141 and shall from and immediately after the said Louisa Blake Morison
142 shall have attained the age of twenty one years pay the interest dividends
143 and annual produce of the several trust moneys stocks funds and securities
144 aforesaid during the life of the said Louisa Blake Morison into her
145 proper hands or to such person or persons and for such purposes as she
146 notwithstanding any coverture and whether sole and unmarried by any
147 writing or writings under her hand shall from time to time direct or
148 appoint to the intent that the same may be for her sole separate and
149 peculiar use and benefit independently and exclusively of any husband and
150 not in anywise subject to his debts control interference or engagements and
151 so that she shall not have the power to deprive herself o the benefit thereof
152 by sale mortgage charge or otherwise in the way of anticipation and the
153 receipt or receipts of the said Louisa Blake Morison or her appointees for
154 the said interest dividends and annual produce shall be a good and
155 effectual discharge or good and effectual discharges for the same notwith-
156 standing her being under coverture and after the decease of the said Louisa
157 Blake Morison Upon trust to pay one equal moiety or half part of the said
158 interest dividends and annual proceeds as they shall from time to time become
159 due or permit the same to be received by any husband whom the said Louisa
160 Blake Morison may leave her surviving during his life or until he shall
161 alienate charge encumber or in any manner anticipate the same or shall
162 become Bankrupt or take the benefit of any Act or Acts now or hereafter to
163 be in force for the relief of Insolvent debtors and I hereby declare that
164 immediately upon such surviving husband alienating charging encumbering
165 or in any manner anticipating the said moiety or becoming Bankrupt or
166 taking the benefit of any such Act or Acts as last aforesaid whichever shall
167 first happen then the said trust as to the said moiety in favor of such
168 surviving husband shall wholly cease and be void And I hereby declare
169 that after the death of the said Louisa Blake Morison subject nevertheless
170 and without prejudice to the said trust in favor of her surviving husband
171 if any the said trust moneys stocks funds and securities and the interest
172 dividends and annual produce thereof shall be and remain In trust for all
173 and every or such one or more exclusively of the others or other of the
174 children or child of the said Louisa Blake Morison and the issue of any
175 such Child or Children who may happen to die in her lifetime with such
176 provision for their respective maintenance education and advancement
177 and in such shares if more than one and with such restriction and in such
178 manner as the said Louisa Blake Morison whether covert or sole by any
179 deed or writing or deeds or writings with or without power of revocation
180 and now appointment to be by her sealed and delivered in the presence of
181 and attested by two or more credible witnesses or by her Will or any
182 Codicil thereto in writing or any writing in the nature of or purporting to
183 be her will shall from time to time direct or appoint and in default of and
184 until such direction and appointment and so far as any such if incomplete
185 shall not extend In trust for all and every the child and Children of the
186 said Louisa Blake Morison who being a son or sons shall attain the
187 age of twenty one years or being a daughter or daughters shall attain the
188 age of twenty one years or marry under that age with the consent of her
189 or their parent or parents Guardian or Guardians for the time being and
190 to be divided between or amongst them if more than one in equal shares
191 as tenants in common and if there shall be but one such child the
192 whole to be In trust for that one or only Child provided always and I
193 do hereby declare that if any son of the said Louisa Blake Morison
194 shall die in her lifetime under the age of twenty one years have issue
195 and such issue being a son or sons shall attain twenty one years or being
196 a daughter or daughters shall attain that age or be married then and in
197 every such case such issue of every such son so dying as aforesaid shall
198 have and be entitled to the share or shares of and in the said trust monies
199 stocks funds and Securities which the deceased parent of such Issue respectively
200 would have been entitled to under the trusts aforesaid if such parent had
201 lived to attain the age of twenty one years and such issue if more than
202 one shall take their deceased parents share equally between them provided
203 always And I do hereby declare that no child or children or issue of any
204 child or children taking any part of the said trust monies stocks funds and
205 securities under or by virtue of any direction or appointment in pursuance of
206 the power hereinbefore in that behalf contained shall have or be entitled to
207 any further or other share of and in that part of the said trust monies stocks
208 funds and securities of which no appointment shall have been made as funds and
209 aforesaid without bringing his or her appointed share into hotchpot and
210 accounting for the same accordingly provided always and I do hereby declare
211 that after the death of the said Louisa Blake Morison But subject nevertheless
212 and without prejudice to the said trust in favor of her surviving husband if
213 she shall leave one and in the meantime and until the vesting of the
214 portion or portions so provided for the child or children or issue of any
215 deceased child or children of the said Louisa Blake Morison as aforesaid
216 it shall be lawful for the said Trustees or Trustee for the time being to
217 apply the interest dividends and annual produce of the portion or portions
218 to which such child or children or issue of any deceased child or children
219 shall be entitled in expectancy or a competent part thereof for or towards
220 his her or their maintenance and education whether the father of such
221 child or children or issue of any deceased child or children if alive shall
222 be competent to maintain him her or them or not and that it shall be
223 lawful for the said Trustees or Trustee for the time being at any time or
224 times during the life of the said Louisa Blake Morison with her consent
225 in writing and after her decease at their or his direction to advance
226 any part not exceeding one moiety of the Capital of the portion or portions
227 to which any such child or children or issue of any deceased child or
228 children shall be entitled in expectancy for or towards his her or their
229 preferment advancement or establishment in the world provided always
230 and I do hereby further declare that in the meantime and until all the
231 said trust monies stocks funds and securities shall become absolutely vested
232 in some child or children or issue of any deceased child or children of the
233 said Louisa Blake Morison under the trusts hereinbefore declared concerning
234 the same the said Trustees or Trustee for the time being do and shall (But
235 subject and without prejudice to the said trust in favor of the surviving
236 husband of the said Louisa Blake Morison if she shall leave one and
237 to the trusts for maintenance and advancement lastly hereinbefore declared
238 receive the interest and dividends and annual produce of the said trust
239 monies stocks funds and securities or the uninvested part or parts thereof
240 and lay out and invest the same in their or his names or name in any
241 one or more of the several stocks funds and securities hereinbefore mentioned
242 or referred to And do and shall alter vary and transpose the same stocks
243 funds and securities from time to time at their or his discretion And do and
244 shall receive the interest dividends and annual produce of the said last
245 mentioned stocks funds and securities and lay out and invest the same
246 in their or his names or name in or upon other stocks funds and securities
247 of the like nature so that the same and all resulting income and
248 produce thereof may during such _____ of vesting as aforesaid
249 accumulate in the way of compounds interest And I do hereby further
250 declare that the interest dividends and annual produce of the said last
251 mentioned stocks funds and securities shall belong to and be In trust for
252 the person or persons who under the trusts hereinbefore declared shall
253 become entitled to the fund or funds from which such accumulations shall
254 have proceeded and be considered as part thereof and I do hereby declare
255 that if there shall be no person who shall attain a bested interest in the said
256 trust monies stocks funds and securities under the aforesaid trusts then after
257 the death of the said Louisa Blake Morison and such failure of Issue is
258 as aforesaid subject nevertheless to the said trusts in favor of her
259 surviving husband if she shall leave one and to the trusts for maintenance
260 and advancement hereinbefore contained the said Trustees or Trustee do
261 and shall pay all such part of the said trust monies as shall have arisen
262 from the Sale calling in and conversion of my personal Estate (except such
263 part of my personal Estate as shall have consisted of leasehold messuages
264 lands tenements and hereditaments or of sums secured upon mortgage of
265 lands and hereditaments or of personal Estate which in any manner
266 whatsoever is charged upon or savours of real estate) and transfer all
267 the Stocks funds or securities whereon such last mentioned monies may
268 for the time being be invested and all stocks funds or securities which may
269 be continued in the state of investment in which they are at the time of
270 my decease by the said Trustees or Trustee as aforesaid other than and
271 except any securities connected with a savoring of real Estate to the
272 Rector and Principal for the time being of Marischal College and University
273 in Aberdeen aforesaid to be by them held and disposed of upon and for
274 all trusts intents and purposes hereinafter declared concerning the same
275 and that my intentions may not be defeated with regards to the last
276 mentioned Bequest I hereby direct my said Trustees or Trustee so to
277 arrange the continuing of any Stocks funds and securities which may be
278 continued by the said Trustees or Trustee as aforesaid and the investment
279 of the said trust monies and every change in the investment of the stocks
280 funds and securities for the time being subject to the trusts of this my will
281 that so much of my personal Estate as at the time of my death shall not
282 savour of real Estate shall not at any time or times hereafter until some
283 child or children or issue of a deceased child of the said Louisa Blake
284 Morison shall have attained a vested interest under or by virtue of the
285 trusts aforesaid be invested in any real securities whatsoever but may
286 always be continued in some or one of the stocks funds or securities herein
287 before mentioned or referred to which shall not in any manner be
288 converted into or savour of real Estate And I do hereby declare that the
289 receipt in writing of the said Rector and Principal for the time being of
290 the said College for the monies stocks funds and securities which shall be
291 paid or transferred to them under the trusts aforesaid shall be a good
292 discharge to my said Trustees or Trustee for the time being for the
293 same and that such Trustees or Trustee shall not be obliged to see to
294 the application of the said sum or be answerable or accountable for the
295 misapplication or nonapplication thereof And as to all the residue of my
296 said trust monies stocks funds and securities subject as aforesaid I hereby
297 declare that the said Trustees or Trustee for the time being shall stand
298 possessed thereof and of the interests dividends and annual produce thereof
299 In trust for such person or persons as would by Law be entitled thereto
300 in case I had died intestate And I do hereby further declare that the
301 said Trustees or Trustee for the time being shall pay and apply the
302 rents issues and profits of such of my real and leasehold Estates as shall
303 for the time being remain unsold after satisfying the necessary outgoings
304 to the persons to whom and in the manner in which the interest
305 dividends and annual proceeds of the trust monies stocks funds and securities
306 hereinbefore mentioned are hereinbefore directed to be paid and applied
307 provided always and I hereby further declare that it shall be lawful
308 for the said Trustees or Trustee for the time being of this my Will at their or
309 his discretion to dispose of call in and convert into money the whole or any
310 part of such trust monies stocks funds and securities as aforesaid But as to
311 so much thereof as shall arise from personal Estate which at the time of
312 my death shall not savour of Real Estate subject as aforesaid and to lay out
313 and invest the money arising therefrom or any part thereof in the purchase
314 of any freehold copyhold or customary manors messuages lands tenements
315 or hereditaments in England Wales or Scotland (but not in Ireland) for
316 any Estate of Inheritance or any leasehold messuages lands tenements or
317 hereditaments in England Wales or Scotland (but not in Ireland) for any
318 term of years whereof not less than sixty years shall be to come and unexpired
319 at the time of such purchase to be conveyed surrendered or assigned to those
329 the said trustees or trustee for the time being their or his heirs executors admin-
321 istrators or assigns respectively according to the different natures thereof
322 respectively Upon trust nevertheless that the said trustees or trustee for the time
323 being do and shall when and as they or he shall think fit and at their
324 his discretion absolutely sell and dispose of the said manor messuages
325 lands tenements or hereditaments which shall have been so purchased as
326 aforesaid either entirely and altogether or in parcels and either by Public
327 Auction or Private Contract for such price or prices and upon such conditions
328 and with such stipulations as to title or evidence of title or otherwise and
329 in such manner in every respect as the said trustees or trustee for the time
330 being shall think fit with full power to buy in the said premises or such
331 part thereof at any Sale or Sales by auction and to receive abandon or
332 vary any Contract for Sale and to resell the premises which shall be
333 bought in or the Contract for sale of which shall be so rescinded or
334 abandoned as aforesaid without being in anywise answerable for any
335 loss which may happen thereby respectively And do and shall stand
336 and be possessed or and interested in and apply the money arising from
337 any such sale (after payment of the costs charges and expences attending
338 the same) dispose and for such and the same trusts intents and purposes
339 and with under and subject to such and the same powers provisoes and
340 declarations involving the said power of purchasing freehold copyhold
341 and leasehold hereditaments as the money so raised and laid out in the
342 purchase of such manors messuages lands tenements or hereditaments
343 was subject to before such purchase was made or would then have
344 been subject to if the same has not been laid out thereon And do and shall
345 in the meantime and until such manors messuages lands tenements or
346 hereditaments shall be so sold pay and apply the rents issues and profits
347 thereof (after deducting necessary outgoings to the person for the intents
348 and purposes and in the manner to and for and in which the interest
349 dividends and annual produce of the money laid out in the purchase
350 thereof would have been payable and applicable under the trusts herein
351 before declared in case such purchase had not been made It being my
352 intention that the manors messuages lands tenements and hereditaments
353 which shall be purchased under this present power shall when to
354 purchase be considered as money and be subject to such and the same
355 trusts in all respects as the money laid out in the purchase thereof would
356 have been subject to if the same has not been so laid out And I hereby
357 declare that it shall be lawful for the said Trustees or Trustee for the
358 time being at their or his discretion to lease all of any part of the
359 manors messuages lands and hereditaments for the time being subject to
360 the trusts of this my will for any term or terms of years not exdeeding
361 twenty one years to take effect in possession at ____ rent and so that there be
362 contained in every such Lease a Condition of re-entry for nonpayment of
363 the rent or rents thereby received and so as the Lessee or Lessees so execute a
364 Counterpart and be not thereby made dispunishable for waste And I
365 expressly declare that the said Trustees or Trustee for the time being shall
366 in every case subject to the directions hereinbefore contained have the
367 most full and entire discretion as to the choice of stocks funds and securities
368 in or upon which my said trust estate or any part thereof may be
369 invested as aforesaid and as to the exercise or nonexercise of the said power
370 hereinbefore contained or purchasing Lands or other property and the choice
371 of the property which may be so purchased and in other respects and as to
372 granting any Lease or Leases under the power for that purpose lastly
373 hereinbefore contained And I do hereby declare that it shall be lawful for
374 the said Trustees or Trustee for the time being to adjust settle compound
375 and compromise all Accounts Transactions matters and things which
376 at the time of my decease shall be depending between me and any other
377 person or persons whomsoever or which shall arise in performing the
378 trusts hereby created or any of them and to take any Composition for debts
379 arising to me and to give and allow such reasonable time and indulgence
380 for the pament of the said debts and in the meantime to accept and
381 make such securities for the payment thereof or any part thereof as they
382 or he shall in their or his discretion think fit and to abandon waive
383 and release any such debts liabilities and engagements as they or he
384 shall think was or separate or not worth suing for enforcing or keeping
385 on foot And I do hereby declare that every husband with whom the
386 said Louisa Blake Morison may intermarry shall within the space
387 of six Calendar months after his marriage if he shall then be of the
388 age of twenty one years or if he shall then be under the age of
389 twenty one years then within six Calendar months next after he shall
390 attain such age take upon himself and in all deeds Letters Accounts
391 and Writings whereunto he shall be a party or which he shall
392 execute or sign and upon all other occasions the Surname of “Blake”
393 in addition to and after his own family surname and within the
394 said space of six Calendar months apply for and endeavor to obtain a
395 proper Licence from the Crown or take such other steps as may be
396 requisite to authorize and enable him so to take and use such surname
397 Provided always And I do hereby declare that in case any such
398 husband shall refute or neglect within the space of time hereinbefore
399 in that behalf mentioned to take and use the surname of Blake as
400 aforesaid then and in every such case I hereby declare that such husband
401 although he shall survive the said Louisa Blake Morison shall not
402 take any benefit whatsoever under the trusts of this my Will but the
403 same shall be read and construed in the same manner as if the said
404 Lousie Blake Morison had died without leaving a husband her
405 surviving And I do hereby declare that it is my Will and desire that until
406 the said Louisa Blake Morison shall attain the age of twenty five years
407 or marry whichever shall first happen she shall be and remain under
408 and subject to the guidance and control in all things of the Trustees or
409 Trustee for the time being of this my Will in the same manner as if they
410 and he had been appointed her Guardians or Guardian by this my Will
411 and that until she shall attain that age she shall not marry without
412 their or his previous consent and in case of her marriage under that
413 age without such consent Then I declare my Will to be that the said
414 Louisa Blake Morison shall not take any benefit whatever under
415 the trusts of this my Will but the same shall be read and construed
416 as if she were then already dead without ever having been married
417 And I give and bequeath the Estates vested in me upon any Trust
418 or by way of mortgage and which I have power to dispose of by
419 this my Will with their appurtenances unto the said Charles Stewart
420 Parker and William Robertson Sandbach their heirs executors and
421 administrators and assigns according to the nature and quality thereof
422 respectively Subject nevertheless to the trusts and Equities affecting the same
423 respectively And I appoint the said Charles Stewart Parker and William
424 Robertson Sandbach Executors of this my Will And I do hereby declare
425 that the receipt of receipts of my said Trustees or Trustee for the time being
426 for the purchase money of any property hereby directed or authorized to
427 be sold and for any other monies stocks funds or securities paid or transferred
428 to him or them under this my Will or in execution of any of the Trust
429 thereof shall effectually discharge the person or persons paying the same
430 from being obliged to see to the application thereof or from being answerable
431 or accountable for the misapplication or nonapplication thereof Provided
432 always And I do hereby further declare that if the Trustees appointed in
433 this my Will or to be appointed as hereinafter is mentioned or any of them
434 or their or any of their heirs executors administrators or assigns shall
435 happen to die or be abroad or desire to be discharged from or refuse or
436 decline or be incapable to act in the trusts hereby in them respectively reposed
437 as aforesaid before the said trusts shall be fully executed Then and in such
438 case and when and so often as the same shall happen it shall be lawful
439 to and for the then Trustees or Trustee of this my Will or the executors or
440 administrators of the survivor of them by any deed or deeds instrument
441 or instruments in writing to be by them or him or her sealed and
442 declared in the presence of and attested by two or more credible witnesses
443 from time to time to nominate substitute and appoint any other person or
444 persons to be a trustee or trustees in the stead and place of the Trustee or
445 Trustees so dying or being abroad or desiring to be discharged or refusing or
446 declining or becoming incapable to act as aforesaid and when and so often
447 as any new Trustee shall be nominated and appointed as aforesaid all the
448 Trust Estates monies and premises or such of them as shall be then subject
449 to the trusts shall be thereupon with all convenient speed conveyed assigned
450 and transferred in such sort and manner and so as that the same shall and
451 may be legally and effectually vested in the person or persons so to be
452 appointed as aforesaid either solely or jointly with the surviving or
453 continuing Trustee or Trustees as occasion shall require To the uses and
454 for the trusts intents and purposes hereinbefore expressed and declared of
455 and concerning the trust estate monies and premises or such of them as
456 shall be then subsisting undetermined and capable of taking effect and
457 every person so appointed as aforesaid shall as well before as after the
458 said trust premises shall have been so invested as aforesaid have all the
459 powers and authorities of the Trustee or Trustees in whose room he shall
460 be substituted provided always and I hereby declare that after the said
461 Louisa Blake Morison shall have attained the age of twenty five years
462 and thenceforth during her life no new Trustee or Trustees shall be
463 appointed under the power aforesaid unless such new Trustee or Trustees
464 shall be approved of by the said Louisa Blake Morison by some writing
465 under her hand which approval I hereby empower the said Louisa
466 Blake Morison to give notwithstanding she may at the time or times of
467 giving such approval be under coverture Provided always and I hereby
468 declare that the said several Trustees hereby appointed and to be appointed as
469 aforesaid and such and every of then shall be charged and chargeable respectively
470 only for such monies as they shall respectively receive by virtue of the trusts
471 hereby in them reposed and that no one of them shall be chargeable or
472 accountable for the others or other of them of for the acts receipts neglects or
473 defaults of the others or other of them But each only for own acts
474 receipts neglects or defaults nor shall they or either or any of them be
475 answerable or accountable for any Banker Broker or other person with
476 whom any of the said trust monies or securities may be deposited for safe
477 custody or otherwise in the execution of the said trusts or insufficiency or
478 deficiency of any stocks funds or securities in or upon which any of the said
479 trust monies may be invested in pursuance of and in conformity to this my
480 Will nor for the invalidity of the title or titles to any manors messuages
481 lands or hereditaments which they or he may purchase under the power
482 for that purpose hereinbefore contained or for any other misfortune loss or
483 damage which may happen in the execution of the said trust or otherwise
484 in relation thereto unless the same shall happen by or through their own
485 wilful defaults respectively And also that it shall be lawful for them with
486 and out of the monies which shall come to their respective hands by
487 virtue of the trusts aforesaid to retain to and reimburse themselves and also
488 to allow their respective Co-trustees or Co-trustee all costs charges and expences
489 which they or any of them may respectively sustain expend or be put unto
490 or about the execution of the trusts aforesaid or in relation thereto And I
491 hereby declare that the said Rector and Principal for the time being of the
492 said Marischal College do and shall lay out and invest the monies and
493 stand possessed of and interested in the stocks funds and securities so directed
494 to be paid and transferred to them as aforesaid in their names in some or
495 one of the Public Stocks of Funds of Great Britain or in the purchase of
496 lands and hereditaments in Scotland so far as may be consistant with
497 the Scotch Law and do and shall stand and be seized and possessed of such
498 last mentioned lands and hereditaments stocks and funds and the rents
499 issues and profits dividends interest and annual produce thereof respectively
500 Upon trust out of the said rents issues and profits dividends and annual
501 proceeds to maintain eight Bursaries in the said Marischal College of two of the boys
502 in each of the said four Classes whose Parents or friends in the Opinion
503 of the said Rector and Principal for the time being or either of them are
504 not able or are inable to afford the expence of their education courses such
505 course as aforesaid And I hereby declare that such Bursaries shall be
506 competed for by such Boys as aforesaid by various and several examinations
507 and to be given to such two of such Boys in each of the said four Classes as
508 shall be found on comparative examination most deserving provided that
509 in case of several such boys being found to be equal in merit those (if any)
510 of the name of Blake shall be first preferred and those (if any) of the name
511 of Davidson shall be next preferred before the others or other of such Boys And I
512 hereby declare that the Professors of Greek Humanity and Mathematics for
513 the time being in the said College and the Rector for the time being of the
514 Grammar School of Aberdeen aforesaid shall be the sole Examiners of
515 the said Boys and the Judge of their merits but the mode in which the
516 comparative merits of the said Boys shall be ascertained I leave entirely to
517 such rules and regulations as may from time to time be made for that
518 purpose by the said Examiners And I hereby declare that when any vacancy
519 shall occur in any such Bursary either by search resignation or in any
520 other manner such vacancy shall with all convenient dispatch be made up
521 so that the number of eight Bursars may be always complete And I hereby
522 declare that the said Rector and Principal for the time being of the said
523 College shall devise and pay the said rents issues and profits dividends and
524 annual produce among the said eight Bursars in equal shares And I
525 hereby declare that every Bursary shall become vacant upon the
526 Bursars for the time being holding the same ceasing to be a member of the
527 said College or being expelled or being guilty of any count whereby he
528 shall be excluded either for the whole or any part of the time for which
529 his Bursary would otherwise have lasted from the benefits of his education
530 at the said College And I do hereby declare that the said Rector and
531 Principal for the time being of the said College shall be at liberty to alter
532 vary and transpose any of the Stocks of funds for the time being subject to
533 the charitable trust aforesaid for or into any other stocks or funds of a like
534 nature or to lay out the monies arising from the Sale of such Stocks and
535 funds and in the purchase of lands in Scotland as aforesaid and also to sell
536 any of the lands for the time being subject to the charitable trust aforesaid
537 or exchange the same or any of them for other lands in Scotland as aforesaid
538 and to accept any monies by way of equality of exchange and to lay out and
539 invest the monies to arise from such Sales or to be ration on any such exchange
540 as aforesaid in any other lands in Scotland as aforesaid or in any such public
541 Stocks of funds as aforesaid And I hereby declare that the said Rector and
542 Principal for the time being of the said College shall have full power to do and
543 execute or cause to be done and executed all such arts deeds matters and things
544 whatsoever as they shall deem expedient for carrying into effect or reserving
545 all or any of the trusts or powers hereby in them reposed or vested and that the
546 receipt or receipts of the said Rector and Principal for the time being of the said
547 College for any rents issues or profits dividends interest or annual produce
548 purchase or other monies paid to them under or by virtue or in respect of the
549 charitable trust aforesaid or any of the powers hereinbefore contained with
550 reference thereto shall effectually discharge the person or persons paying the
551 same and such person or persons shall not be bound to see to the application
552 or be answerable for the misapplication or nonapplication thereof And I hereby
553 declare that on every death resignation or other vacancy in the Office of Rector
554 or Principal of the said College the lands and hereditaments stocks and funds for
555 the time being subject to the Charitable trust aforesaid shall be respectively conveyed
556 to transferred and vested in the newly appointed Rector or Principal for the time
557 being jointly with the continuing Rector or Principal as the case may be
558 provided always And I do hereby lastly declare that the said Rector and
559 Principal for the time being shall be charged and chargeable respectively only
560 for such monies as they shall respectively receive by virtue of the trusts hereby
561 in them reposed and that neither of them shall be chargeable or accountable
562 for the other of them or for the acts receipts neglects or defaults of the other of
563 them but each only for his own acts receipts neglects or defaults nor shall
564 they or either of them be answerable or accountable for any Banker or Broker
565 or other person with whom any of the said trust monies may be deposited for
566 safe custody or otherwise in the execution of the said trusts or the insufficiency
567 or deficiency of any stocks funds or securities or in the title to any lands in or
568 upon which any of the said trust monies may be invested in pursuance
569 of and in conformity to this my Will or for any other misfortune loss or
570 damage which may happen in the execution of the said trusts or otherwise
571 in relation thereto unless the same shall happen by or through their own
572 wilful defaults respectively And also that it shall be lawful for them with
573 and out of the moneys which shall come to their respective hands by
574 virtue of the trusts aforesaid to reimburse themselves and to allow their
575 cotrustee all costs charges and expences which they or any of them may
576 respectively sustain expend or be put into in or about the execution of the
577 charitable trust aforesaid or otherwise in relation thereto In witness whereof
578 I the said Thomas Blake the Testator have to this my last Will and
579 Testament contained in fifteen sheets of paper set my hand this thirty first
580 day of March in the year of our Lord One thousand eight hundred and
581 forty nine Thos blake Signed published and declared by the said
582 Thomas Blake the Testator as and for his last Will and Testament in the
583 presence of us present at the same time who in his presence at his request and
584 in the presence of each other have hereunto subscribed our names as
585 witnesses John T Campbell 21 Warwick Street Regent Street Solicitor
586 John T Osborn 10 King St St James Planter
587 This is a Codicil to the last Will and Testament
588 of me Thomas Blake formerly of the Colony of British Guiana late
589 residing at No 10 King Street Saint James in the County of Middlesex But
590 now of the Cottage London Road Saint Johns Wood in the same County
591 Esquire Whereas by my said Will I have given and bequeathed to Mary
592 Sherburn wife of Charles Sherburn of No 10 King Street Saint James aforesaid
593 the sum of Three hundred pounds Now I do hereby revoke the said Legacy
594 and whereas by my said Will I have declared it to be my Will and desire that
595 until my niece Louisa Blake Morison therein particularly mentioned should
596 attain the age of twenty five years or marry she should be and remain under
597 and subject to the guidance and control in all things of the Trustees or
598 Trustee for the time being of my said Will in manner therein mentioned
599 and that until she should attain that age she should not marry without
600 their or his previous consent and in case of her marriage under that age
601 without such consent then I have declared my Will to be that the said Louisa
602 Blake Morison should not take any benefit whatsoever under the terms
603 of my said Will but the same should be read and construed as if she were
604 then already dead without ever having been married Now I do hereby
605 revoke so much of my said Will as declared that the said Louisa Blake
606 Morison until she attain twenty five years or marry shall be under and
607 subject to the guidance and control of the Trustees or Trustee for the time
608 being of my said Will and also so much of my said Will as tabled the
609 said Louisa Blake Morison to marry under the age of twenty five years
610 without the previous consent of the said Trustees or Trustee And also so much
611 of my said Will as in case she should marry under the age of twenty five
612 years without such consent as aforesaid would deprive the said Louisa
613 Blake Morison of any benefit under the trusts of my said Will it being
614 my Will and desire that the said Louisa Blake Morison shall be under
615 no restraint or disability by virtue of my said Will and that on attaining
616 the age of twenty one years she shall be at full liberty to marry if she shall
617 think fit without obtaining any consent of the said Trustees or Trustee or
618 of any other person whatsoever And I do hereby give and bequeath
619 unto the said Louisa Blake Morison in addition to the other benefits
620 given to or in trust for her under my said Will the sum of Two Thousand
621 pounds Sterling And also all the household furniture plate linen china
622 books pictures prints jewels and ornaments and all other effects and things
623 which shall be in and about the premises in which I shall reside at the
624 time of my decease To hold the same unto the said Louisa Blake Morison
625 absolutely I also give and bequeath unto my Servant William Stuart
626 and Jane his wife if living with me at the time of my decease the amount
627 of three months wages in addition to any wages to be then owing or
628 accruing to them I direct that the receipt of the said Louisa Blake
629 Morison not withstanding any coverture shall be an effectual discharge to
630 the Trustees or Trustee for the true being of my said Will and Codicil for the
631 said sum of Two thousand pounds hereinbefore given to her I desire that
632 the place and manner of my Burial shall be in the absolute discretion of the
633 said Louisa Blake Morison And whereas by my said Will have devised
634 and bequeathed certain Real and Personal Estate and given certain powers
635 to Charles Stewart Parker and William Robert Sandbach as Trustees
636 and appointed them Executors of my Will and bequeathed to them a
637 Legacy of One hundred pounds a piece Now I revoke my said Will so far
638 as the said Charles Stewart Parker and William Robert Sandbach are
639 objects thereof and I substitute and appoint James Brown Gibson and
640 Alexander Foxcroft Ridgway in my said Will named and the said Louisa
641 Blake Morison to be Trustees and Executors of my Will in the place of
642 the said Charles Stewart Parker and William Robert Sandbach and I
643 direct that my said Will she be read and construed as if the names of the
644 said James Brown Gibson Alexander Foxcroft Ridgway and Louisa
645 Blake Morison had been originally inserted therein instead of the names
646 of the said Charles Stewart Parker and William Robert Sandbach I give
647 and bequeath to each of them the said Alexander Foxcroft Ridgway and
648 Louisa Blake Morison the sum of One hundred pounds Sterling I revoke all
649 other Codicils by me at any time heretofore made And I confirm my said
650 Will except as aforesaid In witness whereof I have hereunder set my
651 hand this fourth day of February One thousand eight hundred and fifty
652 three Thomas Blake Signed by the said Thomas Blake as and for
653 a Codicil to his last Will and Testament in the presence of us present at the
654 same time who at his request in his presence and in the presence of each
655 other have hereunto subscribed our names as Witnesses Abm Taylor
656 Surgeon 4 Spear Street Leicester Square John T Campbell Warwick Regent Street Solicitor
657 Proved at London the 2nd March 1854 (with a Codicil) before the
658 Worshipful George Webbe Dasent doctor of Laws and Surrogate by the Oaths
659 of Alexander Foxcroft Ridgway Esquire and Louise Blake Morison Spinster
660 the niece two of the Executors named in the Codicil to whom Admon was
661 granted having been first sworn duly to administer James Brown Gibson
662 Esquire the other Executor and one of the Residuary Legatees In Trust
663 named in the said Codicil having first renounced the Probate and Execution
664 of the said Will and Codicil and also the Letters of Admon with the said
665 Will and Codicil annexed of the Goods of the said deceased as by Acts of
666 Court appears
This Blog will talk about researching my English ancestors from Canada but also the ancestors of our son in law whose families stretch back far into Colonial French Canada. My one name study of Blake and of Pincombe also dominate my blog these days.
Showing posts with label Gibson. Show all posts
Showing posts with label Gibson. Show all posts
Wednesday, February 1, 2017
Will of Thomas Blake, Esquire, late of the Colony of British Guiana, now of No 10 King Street, Saint James, Middlesex - The National Archives PROB 11/2187, probated 2 Mar 1854
Monday, January 16, 2017
Will of George Blake, Liverpool, Lancashire - The National Archives PROB 11/2049, probated 17 Feb 1847
George Blake, the testator, was married to Margaret Steele but no marriage was found (this surname found on Family Search with the baptism of James).
George and Margaret Blake baptized their children at Oldham Street Presbyterian, Liverpool (records from Family Search):
Isabella born 19 Jun 1814 and baptized 31 Jul 1814
George born 10 Feb 1816 and baptized 18 Apr 1816
James born 30 Jul 1818 and baptized Aug 1818
William Blake born 16 Jun 1823 and baptized 29 Jan 1824
Margaret born 22 Dec 1826 and baptized 10 Feb 1827
Matthew born 6 Mar 1829 and baptized 21 Apr 1829
Isabella Blake married Arthur Oughterson but date is unknown (A bond was created 11 Dec 1834 at St Philip, Liverpool and Isabella was 20 years of age) (1). George Blake Oughterson was born 22 Nov 1837 at Liverpool and baptized 21 Dec 1837 at Oldham Street Presbyterian, Liverpool. Isabella Oughterson died Dec quarter 1837 at Liverpool and she was 23 years of age. A daughter Isabella Oughterson was baptized 6 Oct 1836 at Oldham Street Church, Liverpool (2).
Isabella Blake was born 19 Jun 1814 and baptized 31 Jul 1814 at Oldham Street Presbyterian Liverpool, daughter of George Blake (3).
(1) England, Cheshire, Marriage Bonds and Allegations, 1606-1900," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:FBNX-PJM : 8 December 2014), Isabella Blake in entry for Arthur Oughterson, 11 Dec 1834; citing St. Philip, Liverpool, Lancashire, England, Item 5, Cheshire Record Office, Chester; FHL microfilm 1,894,628.
(2) Scotland Church Records and Kirk Session Records, 1658-1919," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:Q2HR-BM1J : 30 November 2016), Isabella Blake in entry for Isabella Oughterson, 06 Oct 1836; citing Baptism, Liverpool, Lancashire, England, United Kingdom, The National Archives of Scotland, Edinburgh; FHL microfilm .
(3) England Births and Christenings, 1538-1975," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:JQL9-WQX : 6 December 2014), Isabella Blake, 31 Jul 1814; citing , reference ; FHL microfilm 304,665.
Margaret Blake married Henry Torrens Browne Jun quarter 1846 in West Derby Registration District (Liverpool is in West Derby). Record located on Find My Past.
An online website for the Stewart family notes that: Anne [Stewart], ….. baptized 30 Mar 1820 at St Peter’s Liverpool was married 9 Sep 1841 (verified on Find My Past) at St Peter’s, Liverpool, to James who was the second son of George Blake and his wife Margaret (Steele) Blake. James Blake was baptized Aug 1818 at Oldham Street Presbyterian Church, Liverpool and owned soap works in Great George Square, Liverpool, which was later incorporated into Lever Brothers. He died circa 1872 and she died 6 May 1911 having had issue.
This particular record appears under John Stewart but it is difficult to follow on the website (John Stewart named as a JP, architect and surveyor) (a John Stewart is one of the trustees in the will below). http://www.archerfamily.org.uk/family/stewart.htm
On Find My Past (Record set England Marriages 1538-1973) John Stewart is given as the father of Anne Stewart and George Blake as the father of James Blake. A second record in England Births and Baptisms 1538-1975 lists the baptism as 30 Mar 1820 at Liverpool for Anne daughter of John and Mary Anne Stewart.
The London Gazette, Part 2, 1847 on page 1509 notes: Richard Stevenson, Esq one of Her Majesty’s Commissioners authorized to act under a Fiat in Bankruptcy, bearing date the 31st day of December 1847, awarded and issued forth against George Blake and James Blake, of Liverpool, in the county of Lancaster, and also of the city of Dublin, Soap Manufacturers, carrying on business under the firm of G. and J. Blake, will sit on the 27th day of June instant, at eleven in the forenoon precisely, at the District Court of Bankruptcy, in Liverpool, in order to make a Dividend of the estate and effects of George Blake, one of the said bankrupts; when and where the creditors, who have not already proved their debts, are to come prepared to prove the same, or they will be excluded the benefit of the said Dividend. (Google Book search)
Does this record point to a possible ancestry for George Blake? Is he from Ireland originally (there is a soapworks attributed to his heirs (George and James Blake) in Dublin, Ireland)? There is a record in the 1841 census of Liverpool of a George Blake (independent) married to Margaret and with them James Blake (24 years) Merchant (born in Lancashire). Both George and Margaret are born in Ireland. They are living in Wavertree (District 9), Childwall, Lancashire. George is listed as 76 years of age and Margaret is 57 years of age on this census. Childwall is a suburb of Liverpool.
The Galway Blake family were found in Dublin and George is not a common forename in this family. However, it could not be determined if he was descendant of this family.
Using the new GRO Index for searching, the death of George Blake March quarter 1847 in West Derby at the age of 82 years was located. Given his age of 76 years in 1841, 82 years of age in 1847 is quite reasonable and likely the census record above is correct for this George Blake. It is also prior to the marriage of his son James who is living with them. However both Margaret, their daughter, and William and Matthew, their sons, are not with them on this census and are perhaps in school or visiting.
Transcriber: Elizabeth Kipp
Recorded: 14 Jan 2017
Source: The National Archives, PROB 11/2049
Name of testator: George Blake, Gent
Place: Toxteth Park near Liverpool, Lancashire, England
Type of Record: Will
Dated 23 Dec 1846, probated 17 Feb 1847
[In margin] George Blake 119
1 This is the Last Will and Testament
2 of me George Blake of Toxteth Park near Liverpool Gent whereas my
3 property mainly consists of freehold and leasehold mess[uag]es warehouses ten
4 aments in Liverpool aforesaid Tog[ethe]r with a Soapery and premises there belonging
5 to me now in the occupation of my sons George Blake James Blake who
6 are yearly tenants of the same to me and also of shares and stock in the
7 London and North Western Railway Company and shares in the Commercial
8 Bank of Liverpool and my desire is that subject to the intermediate
9 gifts hereinafter made by me my property until my youngest Son
10 Matthew Blake (now of the age of 18 years or thereabouts) do attain the
11 age of 25 years or previously die shall be administered by John Stewart of
12 L[iver]pool a[s]f[ore]s[aid] Surveyor Duncan Gibb of the same place Merchant and my
13 son the Rev[eren]d William Blake of Cam in the County of Gloucester Clerk
14 (whom I appoint the Ex[ect]ors of my Will) and by the surv[iv]ors and surv[iv]or of
15 them and other the Trustee or Trustees for the time being to be appointed
16 or secured in his or their stead in the manner and with the powers herein
17 after expressed and shall be holden and applied as hereafter directed Now
18 I do make the following dispositions to take effect in the meantime that
19 is to say I give a legacy of £5 to each of my Servants Jane Quail Mary
20 Leather Mary Brice and Thomas Lloyd who shall be in my Service at
21 my decease I give an annuity of £20 per annum (too from legacy duty
22 during the life of Margaret the Wife of Matthew Gibson of Halifax in
23 the County of York to commence from my decease and to be paid by equal
24 quarterly portions unto such person or persons for such intents and pur
25 poses and in such manner and form as the s[ai]d Margaret Gibson not withstand
26 ding her coverture by the said Matthew Gibson or any other husband
27 and as well when covert as sole by any writing under her hand shall from
28 time to time direct or appoint and in default of such appointment than in
29 to her own hands for her own sole use separate and apart from any hus
30 band and so that the same may not be subject to his respective debts contracts
31 forfeiture or engagements and so that the receipts of the said Margaret
32 Gibson or her appointees may be an effectual discharge for the same
33 notwithstanding her coverture And I give all my furniture plate lin
34 en china pictures paintings prints books and other household and domestic
35 effects including my stock of fuel beer wines spirits and liquors and also my
36 carriage and horses with their harness and stock of hay and corn unto my Wife
37 Margaret Blake absolutely I also give unto her the sum of one thousand
38 pounds sterling And I direct that the trustee or trustees for the time being
39 of this my will do pay unto my s[ai]d wife a clear annuity of £400 per
40 annum during her natural life or until she marry by equal quarter
41 ly portions in every years the first of the s[ai]d quarterly portions to be paid
42 at the end of three months next after my decease provided my s[ai]d
43 wife so long outlive me but should she die or marry on any other day
44 than one of the s[ai]d quarterly days so appointed for payment of her s[ai]d
45 annuity than my will is that a proportionate part of the s[ai]d annuity
46 shall be paid in respect of so much of the currant quarter of the year as
47 shall have elapsed up to the day of her decease or marriage and I give
48 the sum of £3500 sterling unto my son George Blake I also give unto my Son
49 James Blake the sum of £2000 sterling and my desire is that the several
50 pecuniary legacies hereinbefore given shall be paid as soon as conv
51 iently can be after my decease I give unto my Grandson George Blake
52 Oughterson if he attain the age of 25 years but not otherwise the sum of
53 £1000 to be paid to him as soon after he shall attain that age as can be but
54 without interest in the meantime but should he attain such age in
55 my lifetime than to be paid within six months after my decease with in
56 terest after the rate of £4 per cent per annum from the day of my death
57 And I give all my real and personal Estate of every description not hereinbe
58 fore disposed of unto and to the use of the s[ai]d John Stewart Duncan Gibb and
59 W[ilia]m Blake their heirs ex[ecut]ors adm[instrat]ors and ass[igns] upon the trusts and for the intent
60 and purposes and under and subject to the powers and provisions hereinafter
61 contained that is to say upon trust that they the s[ai]d John Stewart
62 Duncan Gibb and William Blake and the surv[iv]ors and surv[iv]or of them and the heirs
63 exors and admors of such survor and other the trustee and trustees for the time being
64 of this my will do hold and administer my said Estates and sell let and manage the
65 same in such manner as by virtue of the special provisions herein
66 after contained or for the general benefit of my Estates or for the advan
67 tage of the persons who may be interested therein as my sd trustee or
68 trustees shall think fit And upon truat that he and they (subject to the pay
69 ment of my debts funeral and testamentary expences and of the legacies and
70 annuities as af[ore]s[ai]d) do and shall accumulate by way of compound interest on
71 investment and reinvestment in his or their names or name in or upon
72 such stocks funds securities and share as he and they is and are hereinafter author
73 is[su]ed to take retain purchase or acquire all the rents profits dividends interest
74 and income of my said residuary real and personal and of my testamentary estate
75 as from the day of my death until my youngest son Matthew Blake
76 shall attain the age of 25 years of shall previously die and when and as my sd
77 youngest son Matthew shall so attain the age of 25 years or shall pre
78 viously die my Will is that the following appropriation payments distri
79 bution and division of and from my sd estates and the accumulation and other
80 produce thereof shall be made and take place as hereafter directed that is to
81 say I direct that the sum of £5000 or such stocks funds securities and
82 shares as afsd as may be of the amount or value of £5000 sterling on
83 the day when my sd son Matthew shall attain the age of 25 years or
84 on the day of his death previously shall by the trustee or trustees for the
85 time being of this my Will be retained or appropriated in his or their
86 name or names or be paid or transferred by him or them to such 3 Trus
87 tees as he or they may order and as my daughter Margaret the wife of
88 Henry Torrens Brown if she be living shall approve to be holden and
89 applied upon or according to the terms hereinafter expressed that is to say
90 Upon trust that the sd Trustee or Trustees for the time being of the said
91 fund do and shall with the consent or approbation in writing of my sd
92 daughter if and whilst living and after her decease then in the discretion of the sd
93 trustee or trustees lay out and invest the sd £5000 if retained or paid in mo
94 ney in or upon such stocks funds securities and shares as hereinbe
95 fore referred to and with such consent or approbation or in such discret
96 ion as afsd vary and transfer the stocks funds securities and share and also all
97 such stocks funds securities and shares as may be so appropriated or
98 transferred for or towards satisfaction of the said £5000 into and for other
99 stocks funds securities and shares of the like nature as opportunity
100 may present or occasion shall require and stand possessed of the sd
101 £5000 or the stocks funds securities or shares to be appropriated or
102 transferred in satisfaction of or to be invested from the same and of the dividends
103 interest and monie thereof upon the trusts hereinafter before afsd that is to say
104 upon trust to pay the dividends interest and income of the same from time to
105 time to become due during the lifetime of my sd daughter Margaret
106 Brown unto such person or persons and for such intents and purposes and in
107 such manner and form as she notwithstanding her coverture by the sd Henry
108 Torrens Brown or any other husband and as well when covert as sole shall
109 from time to time by any note or writing under her hand direct or appoint
110 and in default of such direction or appointment then unto her own hands
111 for her own sole use separate and apart from the said Henry Torrens Brown
112 or any other husband and so that the same may not be subject to his respect
113 tive debts contracts forfeitures or engagements and so that the receipts in writ
114 ing of the sd Margt Brown or her appointees may be effectual discharges
115 for the same notwithstandg her coverture and from and after the decease of the
116 sd Margt Brown then upon trust that the sd trustee or trustees do and shall
117 from and out of the sd dividends interest and income thenceforth to be continue
118 due and during the life of the sd Hy Torrens Brown or until any Fiat of
119 Bankruptcy shall be issued against him whereout he shall be found
120 Bankrupt and which shall not be annulled within twelve months after
121 wards or until he shall file any declaration of Insolvency or take the
122 benefit or any act made or to be made for the relict of Insolvency debtors or
123 any vesting order in Bankruptcy and Insolvency shall be obtained
124 against him which shall not be vacated within twelve months afterwards
125 or until any Judgment or Judgments to the amount of £500 or upwards
126 shall be registered against him which shall not be satisfied within twelve
127 months after[war]ds or until he shall do any Act which but for the effect of this
128 provision would be an assignment charge incumbrance or anticipation
129 so in the lifetime of my said daughter Margaret Brown put unto the sd
130 Henry Torres Brown the clear annuity of £100 by equal quarterly portions
131 on the 25th day of March the 24th day of June the 29th day of Sept and the
132 24th day of December in every year the 1st quarterly payment to be made on
133 such of the sd days as shall next happen after the decease of my sd daugh
134 ter provided the sd annuity so long have continuance but no proportional
135 part thereof to be paid in respect of any current quarter of a year during
136 which the sd annuity shall determine and from and after the decease of my sd
137 daughter and subject to the said annuity of £100 during its continance
138 that as to the sd trust monies stocks funds securities and share and the divide
139 nds interest and income of the same or of so much thereof as may not be re
140 quired for payment of the sd annuity of £100 during its continuance the sd
141 trustee or trustees shall stand possessed of the same upon trust for the Child
142 Grandchild or other issue or all or any one or more of the children grand
143 children or other issue of my sd daughter Margt Brown (such grandchild
144 dren and issue resp[ective]ly to be born in her lifetime in such manner and form and if
145 more than one in such shares and proportions and for such times with such
146 limitations over or substitutions in favor or any one or more of the oth
147 ers of the sd children Grandchildren and issue resply and either by way of legacy
148 portion present or remote interest or otherwise and to vest and be paid transferred
149 or assign[e]d at such age day or times ages days or times and upon such con
150 tingencies and under and subject to such directions and regulations for mainten
151 ance education and advancement and such conditions and restrictions as my
152 said daughter as well when covert as sold and notwithstanding her cov
153 erture by any husband shall from time to time by any deed or deeds
154 writing or writings with or without power of revocation and new appoint
155 ment (such new appointment to be in favor of some one or moreof the
156 objects of this present provision to be sealed and delivered by her in the presence
157 of 3 to be attested by 2 or more credible witnesses or by her last will and
158 Testament or by any writing purporting to be in the nature of or purport
159 ing to be her last Will and Testament or any Codicil or Codicils thereto to be
160 resply signed by her in the presence of and attested by the like number of credible wit
161 nesses shall direct or appoint and in default of and subject to every or any such
162 direction or appointment then the said trustee or trustees shall stand poss
163 essed of the sd trust monies stocks funds securities and shares and the dividends
164 interest and income of the same (subject to the sd annuity of £100 during its
165 continuance) upon trust for the child if one or all the children if more
166 than one of my said daughter Margt Brown who being a son or sons
167 shall attain the age of 21 years or die under that age leaving surviving
168 issue or who being a daughter or daughters shall attain that age or
169 be previously married and equally among such children if more than one
170 and his her or their exors admors or assigns but in case my said daughter
171 shall not have any child who being a son shall attain the age of 21 years
172 or die under that age leaving surviving issue or who being a daughter
173 shall attain that age or be previously married Then from and after her de
174 cease (and subject to the sd annuity of £100 during its continuance) the sd trust
175 monies securities and shares and the dividends interest and income of the
176 same shall fall into and form part of my residuary and personal estate and go
177 as the same is hereinafter disposed or and upon further trust that the
178 sd trustee or trustees for the time being do and shall also in life manner
179 retain lay out appropriate or invest the sum of £5000 sterling or such
180 stocks funds and securities hereinbefore referred to either in the name or
181 names of the trustee or trustees for the time being of this my Will or of 3
182 Trustees to be appointed by him or them and to be approved of by my
183 son George Blake living to the intent that the trustee or trustees for
184 the time being of such (and so and shall with the consent or approbations
185 my sd son George Blake if and whilst living and after his decease then in
186 the discretion of the sd trustee or trustees of the sd fund lay out and invest
187 the sd £5000 if retained or paid in money or do much thereof as may be
188 retained or paid in money in the name or names of the sd trustee or
189 trustees in or upon such stocks funds securities and shares hereinbefore re
190 ferred to and with such consent or approbation or in such discretion as afsd
191 vary and transpose the sd stocks funds securities and shares and also all such
192 stocks funds securities and shares as may be appropriated or transferred for
193 or towards satisfaction of the sd £5000 into or for other stocks funds secure
194 ties or shares of the like nature as opportunity may present or occasion
195 shall require and stand possessed of the sd £5000 or the sd stocks funds securities
196 or shares to be appropriated for or invested from the same and the dividends
197 interest and income thereof upon the trusts hereinafter expressed that is to say
198 Upon trust that the sd trustee or trustees during the lifetime of my sd son
199 George Blake or until any fiat in Bankruptcy shall be issued against
200 him whereon he shall be declared Bankrupt and which shall not be
201 annulled within twelve months afterwards or until he shall file
202 any declaration of Insolvency or take the benefit of any act made
203 or to be made for the relict of Insolvent debtors or any vesting order
204 in Bankruptcy or Insolvency shall be obtained against him which
205 shall not be vacated within twelve months afterwards or until any
206 Judgment or Judgments to the amount of £500 or upwards shall be
207 registered against him which shall not be satisfied within 2 years afterwards or
208 until he shall do any act which but for the effect of this provision would be
209 an assignment charge incumbrance or anticipation of the same or any
210 part thereof or provided that any such act or event shall not have hap
211 pened do and shall pay the dividends interest and income of the sd last
212 mentioned trust monies stocks funds securities and share unto the sd
213 George Blake or his assigns for his and their own use and benefit and from and after
214 the decease of my sd son Geo Blake or the determination of his life
215 interest by any such act or event as afsd then the sd trustee or trustees shall stand
216 possessed of the sd £5000 or the stocks funds securities and shares to be appropri
217 ated for or invested from the same and the divds interest and income of the same
218 upon trust for the child grandchild or other issue of all or any one or more
219 of the Children grandchildren or other issue of my sd son George Blake to be
220 born in his lifetime in such manner and form as if more than one in such shares
221 and proportions and for such terms with such limitations over or substitutions in
222 favor of any one or more of the others of the sd children grandchildren and issue
223 resply and either by way of legacy portion present or remote interest or other
224 wise and to vest and be paid transferred or assignd at such age day or time ages
225 days or times and upon such contingencies and under and subject to such direc
226 tions and regulations for maintenance education and advancement and such con
227 ditions and restrictions as my sd son George Blake from time to time by any
228 deed or deeds writing or writings with or without power of revocation and new
229 appointment such new appointment to be in favor of the objects of this pre
230 sent provision to be sealed and delivered by him in the presence of and to be attested
231 by 2 or more credible witnesses or by his last will and Testament or by any
232 writing purporting to be in the nature of his last Will and Testament or
233 any Codicil or Codicils thereto to be resply signed by him in the presence of
234 and attested by the like number of credible witnesses shall direct or appoint and in
235 default of and subject to every or any such direction or appointment than the sd
236 trustee or trustees shall stand possessed of the trust monies stocks funds secure
237 ties and shares and the dividends interest and income thereof upon trust for the Child
238 if only one or all the children if more than one of my sd son Geo Blake who
239 being a son or sons shall attain the age of 21 years or die under that age
240 leaving surviving issue or who being a daughter of daughters shall
241 attain that age or be previously married and equally among such children if
242 more than one and his her or their exors admors or assigns but in case my
243 sd son George Blake shall not have any child who being a son shall
244 attain the age of 21 years or die under that age leaving surviving issue
245 or who being a daughter shall attain that age or be previously married
246 Than the sd trustee or trustees shall stand possessed of the sd last mentioned
247 trust monies securities and shares and the dividends interest and income thereof
248 upon trust for such person or persons for such intents and purposes and in
249 such manner and form as the sd George Blake either before or after such fail
250 ure of issue or by any deed or deed instrument or instruments in writing
251 to be sealed and delivered by him in the presence of and attested by 2 or more
252 credible witnesses or by his last Will and Testament or any writing in the na
253 ture of or purporting to be his last Will and Testament or any Codicil or Codi
254 cils thereto to be resply signed by him in the presence of and to be attested by 2
255 or more credible witnesses shall direct and appoint and in default of and
256 subject to such direction or appoint as last afsd the sd £5000 or the stocks
257 funds securities and shares which may be appropriated for or invested from
258 the same and the interest dividends and income thereof or so much thereof as may
259 not be so appointed as afsd shall fall into and form part of my residuary
260 and personal estate and go as the same is hereinafter disposed of And
261 upon further trust that the said trustee and trustees of this my Will do also
262 retain lay out appropriate or invest in like manner the sum of £5000 ster
263 ling or such stocks funds securities and shares as hereinbefore referred to for
264 the benefit of each of my sons James Blake William Blake and Matthew
265 Blake and his or their family or families and so that each of my 3 last named
266 sons may have a similar life interest in and the like power of appoint
267 ment to or in favor of his child children grandchildren and other issue of and
268 concerning £5000 sterling or such stocks funds securities and shares to be so
269 appropriated for or invested from the same and that in default of and subject to
270 such appointment the same may go to his respective child or children and in
271 case he resply have not have any child who being a son shall attain
272 the age of 21 years or who being a daughter shall attain that age and be pre
273 viously married then he resply may have the like power of appoint
274 ment of and concerning such £5000 resply or the stocks funds securities and shares
275 to be appropriate for or invested from the same and that in default of such ap
276 pointment the same or the unappointed portion thereof may fall into and
277 go as part of my residuary personal Estate as hereinbefore declared concern
278 ing the first mentioned £5000 or the stocks funds and securities to be ap
279 priated for or invested from the same and the dividends interest and income
280 thereof for the benefit of my sd son Geo Blake and his family Provided always
281 and my Will is that is shall be lawful for each of my sd sons George
282 Blake James Blake Wm Blake and Mattw Blake by any deed or writing
283 whether testamentary or otherwise to be executed by him in the presence of
284 and attested by two or more credible witnesses and notwithstanding his life inter
285 est may have determined in his lifetime by any such means as afsd to
286 appoint all or any of the dividends interest and income of the £5000
287 or the stocks funds securities and shares wherein he respectively is or was to
288 have a life interest unto or for the benefit of any Wife whom he may
289 then having living or with whom he may thereafter intermarry for her
290 life to take effect from and after his respective decrease or such determina
291 tion of his respective life interest and so that in case such appointment shall
292 take effect in possession during the lifetime of my son so resply appointing
293 in consequence of his life interest having determined by any such
294 means as afsd the sd dividends interest and income so to be appointed
295 shall during the joint lives of such son and his sd wife be for her sole and se
296 parate use apart from him and free from his control debts forfeiture or en
297 gagements as if she were a feme sole but so that she shall not have
298 any power of charging incumbering or anticipating the same And I
299 further declared concerning the sd sum of £5000 or the stocks funds securities
300 or shares of that amount or value for the benefit of my sd daughter
301 Margt Brown and her husband and family or from the execution of the
302 trusts hereinbefore declared concerning the Sum of £5000 or stocks in
303 funds securities or shares of that amount or value for the benefit of
304 each any or either of my sd sons Geo Blake James Blake and Wm Blake
305 and his respective family that in every or any such case it shall be lawful
306 for the said trustee or trustees to pay or transfer such respective fund unto
307 any 3 trustees to be appointed by my sd trustee or trustees and to be
308 approved by my sd respective daughter or son if living and to have at the
309 expence of the resp[ect]ive trust fund a deed of Settlement of the same executed
310 conformable to the provisions of this my Will and that subsequently there
311 to the trustee or trustees for the time being of this my Will shall be entirely
312 absolved from any responsibility concerning such respective settled fund
313 And I further declare that the trustee or trustees for the time being of this
314 my Will may in such respective settlement consent to the introduction
315 of such clauses for the investment of the respective settled funds in
316 Government or real securities or such stocks funds securities and shares as here
317 tobefore referred to and for varying and transforming the same and to such pro
318 visions for the advancement maintenance and education of the child
319 or children of my said daughter or such respective Son of and from the
329 fund to be so settled and the dividends interest and income thereof and such
321 powers of appointment of new trustees and clauses or Indemnity to persons
322 dealing with the trust funds and to the trustee or trustees thereof as the sd trustee
323 or trustees for the time being of this my Will shall think fit and my Will
324 further is that subject to the trusts and purposes afsd all my real and personal
325 Estate and the produce of the same shall go to and be equally divided among
326 my sd sons George Blake James Blake William Blake and Matthew
327 Blake and their respective heirs exors admors and assigns but that in case my
328 sd son Matthew Blake shall be under the age of 21 years his share
329 shall go to my said sons George Blake James Blake and William Blake
330 equally amongst them provided also and my will is that in the meantime
331 and until my sd son Matthew Blake shall attain the age of 25 years or shall
332 previously die (and when the division of my property is hereinbef directed to
333 take place as afsd) the yearly sum of £200 shall out of the produce of
334 my general residuary estate be paid unto my said son William provided
335 he so long live and by equal quarterly portions on the 25th day of March
336 the 24th day of June the 29th day of September and the 24th day of December
337 in every year the first quarterly portion to be paid on such of the sd days
338 as shall next happy after my death provided my said son William so
339 long outlive me but no proportionate part of the said £200 to be paid
340 in respect of any current quarter of a year during which my sad son
341 Matthew shall attain the age of 25 years or shall previously die or my
342 sd son William shall have died And I further direct that the sd trus
343 tee or trustees for the time being do until my sd son Matthew shall
344 attain the age of 25 years or shall previously die pay unto him or apply
345 for his benefit whilst a minor the yearly sum of £100 by such payments
346 and at such times as the sd trustee or trustees shall think fit And I further
347 declare that the trustee or trustees for the time being of this my will may
348 in his or their discretion advance into or for the benefit of my Son
349 Matthew an amount of and to be deducted from his ultimate share of
350 the residue of my estate any sum or sums of money not exceeding alto
351 gether £2000, sterling and so that he may be established in any trade trus
352 tees may deem advisable And my will is that the sd trustee or trustees do
353 permit my said sons Geo Blake and James Blake who now hold as yearly
354 tenants my Soapery and premises at L[iver]pool and the survivor of them to con
355 tinue to occupy the same at the same rent which they now pay for the
356 same until my sd trustee or trustees shall think fit for or dispose of the
357 same And I further declare that my sd sons George Blake and James Blake
358 or the survivor of them upon the sale of the said Soapery shall have
359 the option of purchasing the same at the like price as any other person
360 or persons may bona fide be willing to give for the same but that to
361 prevent any difficulty in my trustee or trustees selling the same this
362 not having available evidence that such option has been given or
363 been declined or omitted to be accepted the declaration in writing many
364 such respect of my sd trustee or trustees shall be a full protection to any
365 purchaser or purchasers And inasmuch as I have on behalf of my
366 sd sons George Blake and James Blake given a guarantee or guar
367 antes to the Company of Proprietors of the Bank of Liverpool by
368 means whereof my said sons are enabled to draw or have advances
369 to the extent of £9000 my Will is that altho such guarantee might
370 determine upon or subsequently to my decease the same if the trustee
371 or trustees for the time being of this my Will so think fit to declare in
372 writing shall continue for such further period or periods as he or they
373 from time to time shall think proper and in such case I declare that the
374 guarantee so to be continued shall have the same force and efficacy
375 upon and against my Estate assets as if the same had originally been
376 given by me up to the end of such period or periods and I further
377 declare that the sd trustee or trustees if he or they think fit may make
378 any similar guarantee in substitution for such first mentioned
379 guarantee in favor of my sd sons to an extent not exceeding £9000
380 with the same Bank or any other Banking firm or Establishment
381 or any Merchant or Capitalist and that the sd trustee or trustees may if
382 he or they so think fit declare that he or they will hold the ultimate
383 shares of my sd sons George Blake and James Blake in my residu
384 ary Est[at]e subject to the lien of any such guarantee and my will is that in
385 case my Estate or assets have to pay bear or sustain any sum of money
386 loss or expense by reason or in consequence of such guarantee as I
387 may have already made or hereafter may make in favor of my said
388 sons George Blake and James Blake or by reason or in consequence of
389 any such guarantee being so continued or affected in their favor after
390 my decease then the same shall be made good and be deducted from and out
391 of their respective ultimate shares in the residue of my estate or if such
392 shares would not be sufficient to meet or discharge the deficit then from and out of
393 the sd respective sums of £5000 or the stocks funds securities and shares of
q such respective amount of value hereinbefore directed to be appropria
395 ted or holden for the benefit of them respectively and their respective families
396 and I declare that the trustees or trustee for the time being of this my
397 Will may for the purposes of the distribution and division of my Estate
398 and effects hereinbefore directed or (or any other purpose previously thereto or
399 in case it shall appear eligible to him or them and in his or their full andun
400 fettered discretion sell dispose of and convert into money all or any part of
401 my real and personal Estate when and as he or they from time to time shall
402 think fit and also that he and they may cause or let all or any portion
403 of my freehold and leasehold property for such term or terms and at such rent
404 or rents and either with or without taking a premium for any such renting
405 or letting (the monies to be waived for such premium or premiums
406 forming part of my personal Estate as he or they make think proper and
407 also that he and they when and as they shall think fit may renew the
408 lease or leases of my leasehold Estates for such term or terms and pay such
409 fine or fines and make sure Surrender or Surrenders as he or they may
410 think proper for any such purpose and may raise and pay such fines and the
411 expences of such removal from and out of the produce of my said Estates and
412 he or they may repair and insure against damage from fire all or such
413 portion of my freehold and leasehold Estates as he or they may judge pro
414 per And I authorize him or them to retain so long as he or they may
415 judge convenient and to sell and dispose of what he and they may think fit all
416 my shares and stock in the London and North Western Railway or in any
417 other Railway which may belong to me at my decease and all my shares
418 in the Commercial Bank of Liverpool or in any other Establishment en
419 terprise or undertaking and also to pay all calls which may be requisite in
420 respect of any shares which may form part of my personal Estate and also
421 to pay all instalments and calls on any new shares that may be appropri
422 ated in respect of any shares which may form part of my personal Estate
423 or any stock which may be issued or received in respect or or on account
424 of such shares in case my said trustee or trustees shall not think fit to sell
425 and dispose of the same And I authorize and empower the trustee or trustees
426 for the time being of this my Will to lay out and invest the produce of the
427 sale collection or reversion of my real and personal Estate from time
428 to time and also the accumulations of income hereinbefore directed to be
429 made until my said youngest Son Matthew Blake shall attain the
430 age of 25 years or shall previously die at interest in the name or names
431 of the sd trustee or trustees in or upon some of the Government or parli
432 amentary stocks or funds of Great Britain now Bonds of the Corporat[io]n
433 of Liverpool or Bonds of The Trustees of The Liverpool Docks or Freehold
434 leasehold or copyhold securities such leasehold being holden of or under
435 the Corporation of Liverpool and having at least 60 years to run or in
436 the purchase of or upon the security of shares stocks debentures or
437 securities of any Company Society or undertaking which may be in
438 corporated by Act of parliament and may be paying a dividend and from
439 time to time to sell or dispose of such stocks funds securities and shares
440 or any of them and invest the produce of the same in or upon or vary and
441 transpose all or any of such stocks funds securities and shares into funds of the
442 like nature as the sd trustee and trustees for the time being may think proper
443 and my Will is inasmuch as the said trustee or trustees may in the ad
444 ministration or management of my Estate find it convenient from time to
445 time to sell and dispose of portions of my freehold Estate that for preventing
446 any questions between the representatives of my sd sons all my freehold
447 Estate shall as between such representatives be considered person
448 Estate altho any Sale thereof may not take place either previously to or for
449 the purposes of the distribution afsd my intention not being to convert
450 such freehold out and out but only to give power to sell the same And my
451 will further is that it shall be lawful for the sd trustee or trustees for the
452 time being of this my will as to the respective funds hereinbefore design
453 ed for the benefit of my sd 5 Children resply and their respective families
454 which may not be settled by distinct Settlement as hereinbefore author
455 ised from and after the death of my sd respective children or the determina
456 tion of their respective life interests (but as to the funds designed for my
457 daughter subject to the annuity for her husband during its continuance
458 and as to the fund designed for each of my Sons subject to any owner
459 ship to be appointed to his respective wife to apply the interest divide
460 nds and annual income of the than vested or presumptive share of each
461 of the children resply of my sd respective children of and in the sd respect
462 tive trust monies stocks funds and securities in or towards the mainten
463 ance education and advancement of such my Grandchild or Grandchil
464 dren and also in or towards his or her schooling pocket money and clothing
465 And further that so much of the interest dividends and annual in
466 come arising from the portion or share of each of the same Grandchil
467 dren resply as shall not be applied for his or her maintenance educati
468 on and advancement shall from time to time be added to the principal mo
469 nies of the same portion or share and improved at interest together with
470 the same and as part thereof by way or in the nature of compound
471 interest and follow and be subject to all the terms and dispositions herein
472 expressed declare and ccontained or and concerning the principal of the same
473 portion or share until the same principal monies or the securities on
474 which the same shall be invested shall become payable or is or
475 are hereby directed to be paid assigned and transferred and further
476 that it shall be lawful for the sd trustee or trustees for the time being
477 of this my Will at anytime after the death of my said Children resply
478 or the determination of the respective life interest of my sd sons in
479 such funds resply but as subject as afsd or in the lifetime of my sd
480 children resply with their respective written consent and also as to my
481 daughters share in the funds with the written consent of the sd
482 Henry Torrens Brown Surg the continuance of his annuy and as
483 to the fund respectively designed for each of my sosn with the written
484 consent of my Wife to whom he may have made any appointment
485 as aforesaid to advance to and for each or any of the children of my said
486 respective Children any part not exceeding one half of the expectant
487 part or share of such Grandchild resply of and in the sd trust monies
488 stocks funds and securities for the advancement and preferment in the world
489 of the same Grandchild and that the money to be so advanced to and for
490 each of the same Grandchild[re]n shall be deducted taken and allowed out of
491 his and her share of the sd trust monies stocks funds and securities not
492 withstanding his or her death before the same share shall become
493 absolutely vested in him or her And I do hereby authorise and empower
494 my sd exoors and trustees and the survivors and survivor of them and other the
495 trustee or trustees for the time being of my sd will to settle and adjust
496 all accounts which shall or may be open or expecting between me or my
497 estate and any person or persons or the estate of any person or persons and to re
498 ceive and pay the balance or balances which shall appear to be due and owing
499 to or from me or my estate and also if the sd Exors or the successor or successors of
500 them or the sd trustee or trustees shall so think fit to compound for any debt or
501 debts which may be due to me or to my estate and to accept and take such composi
502 tion for the same as they or he shall think advisable and on receipt of all
503 debts due and owing to me or my estate or any such composition for the same
504 as afsd to give such releases and discharges for the same as shall be proper
505 and also to submit any such accounts or debts as afsd to arbitration and to re
506 lease compound for or otherwise act in relation to the same as the arbi
507 trator or arbitrators shall arward and generally to manage and get in my sd
508 debts and all my testamentary estate and effects in such manner as they my
509 sd Executors or the survivors or survivor of them or the trustee or trus
510 tees for the time being of this my Will shall think most for the advantage
511 of the parties beneficially interested therein under the gifts and trusts herein
512 before contained provided always and my Will further is that the person
513 or persons whom it may concern to pay any money on the sale colec
514 tion or reversion of several or personal Estate or who have or hath or from time
515 to time shall or may have all or any part of my personal or testamenta
516 ry estate or any monies subject to this my Will in his her or their hands
517 or upon securities given or to be given by him her or them or whom it
518 may concern to pay any other monies forming part of my Estate resply
519 shall not be obliged or required to see to the application of disposition of
520 the same purchase trust or other money or any part thereof or the inter
521 est dividends and annual income thereof or of any part thereof after pay
522 ment of the same to the person or persons who for the time being shall
523 be the acting trustee or trustees under this my Will or be answerable or
524 accountable for the misapplication or nonapplication of the same mo
525 ney or any part thereof by him or them and that every receipt which
526 shall be given for the sd purchase trust or other monies or any part
527 thereof or the interest dividends and income of the same or any part
528 thereof by the person or persons who for the time being shall be the acting
529 trustee or trustees under this my Will shall be a good effectual and sufficient
530 acquittance and discharge for every sum therein acknowledged to be recei
531 ved provided also and my Will further is that in case each any or either of
532 them the sd John Stewart Duncan Gibb and Wm Blake or any trustee or
533 trustees to be appointed under this present provision or to come or succeed
534 their or either of their place shall die or be desirous of being discharged
535 of and from the afsd trusts or shall go or be about to go to reside beyond
536 Seas or shall neglect or refuse or become incapable to act in the sd trusts
537 before the sd trusts shall be fully executed and performed then and in that case
538 and as soon and as often as the same shall happen it shall be lawful for
539 my sd 4 sons or the survivors or survivor of them or the exor or admor
540 of the survivor of them or in case of his her or their default for 1 cal
541 endar month after being thereunto requested by the acting trustee or trus
542 tees for the time being or the last acting trustee under this my Will or
543 the exor or admor of such last acting trustee or in case there be not any
544 exor or admor of the survivor of my sd 4 sons then for the acting trustee
545 or trustees for the time being or the last acting trustee his exors or admors
546 to nominate any fit person or persons to supply the place of the trustee
547 or trustees respectively so dying desiring to be discharged or going or being
548 about to go to reside beyond Seas or refusing or neglecting or becoming
549 incapable to act as afsd and that immediately after every such appointment
550 the trust estate monies and efforts which under and by virtue of this my Will
551 shall be or have been vested in the tr[ust]ee or tr[ust]ees so dying desiring to be
552 discharged or going or being about to go to reside beyond Seas or refu
553 sing neglecting or become incapable to act as aforesaid and shall then
554 be subject to the trusts of this my Will shall be conveyed assigned and
555 transferred so and in such manner that the same may vest in such
556 in such new trustee or trustees solely or jointly with the surviving or con
557 tinuing trustee or trustees and in his her or their heirs exors admors and
558 assigns upon the trusts hereinbefore expressed and declared of and concerning
559 the same and that every such new trustee either before or after such convey
560 ance assignment or transfer shall be made or executed shall have and may
561 exercise the same powers privileges and authorities of approbation con
562 tent discretion and of giving effectual receipts maintenance advancement
563 and education and all other powers and authorities whats[oeve]r as if he had been
564 appointed a trustee by this my Will provided also and I further declare
565 that the sd several trustees and the trustees to be appointed by virtue of
566 the provision last hereinbefore contained respectively and their respective
567 heirs exors admors and assigns severally shall be charged and chargeable
568 only for such monies as they respectively shall actually receive by vir
569 tue of the trusts hereby created And notwithstand[in]g his or their or any of
570 their giving or signing or joining in giving or signing any receipt or
571 receipts for the sake of conformity and that any one or more of them
572 shall not be answerable or accountable for the other or others of them
573 or any or either of them for the acts receipts neglects or defaults of the other
574 or others of them but each of them only for his own respective acts re
575 ceipts neglects or defaults And that they or any of them shall not be
576 answerable or accountable for any Bank or Broker or other person within
577 whom or in whose hands any part of the sd trust monies shall or may
578 be deposited or lodged for safe custody or otherwise in the execution of
579 the trust hereinbefore contained and that they or any of them shall
580 not be answerable or accountable for the rise or fall in the price or val
581 ue of stocks or the insufficiency or deficiency in title or value of any secur
582 ity or securities stocks or funds in or upon which the sd trust monies or
583 any part thereof shall be placed out or invested nor for any other misfor
584 tune loss or damage which may happen in the execution of the aforesaid
585 trusts or in relacing thereto except the same shall happen by or through
586 his or their own wilful default resply and then and in the case each person
587 resply shall alone be answerable for such loss or damage as shall
588 arise from his or her own default and also that it shall be lawful for the sd
589 trustees herein named and such future trustees or trustees to be appoint
590 ed as aforesaid and every or any of them their and every of their heirs exors
591 admors and assigns by and out of the monies which shall come to their res
592 pective hands by virtue of the trusts afsd to deduct retain and reimburse
593 and for himself and themselves resply and also to allow to his and their Cotrustee all
594 costs charges damages expences and fees to counsel for advice which they
595 or any of them shall of may suffer sustain expend disburse lay out be
596 at or be put into in or about the execution of the afsd trust or in exec
597 ution thereunto and also that it shall be lawful for the sd trustee or
598 trustees for the time being in his her or their discretion to settle adjust
599 and allow the accounts of any trustee or trustees who shall die or be de
600 sirous of being discharged of and from the afsd trusts or who shall go or
601 be about to go to reside beyond Seas or shall neglect or refuse or become
602 incapable to act in the sd trusts and in whose place or stead a new trustee
603 or trustees shall be appointed as afsd and also to receive and give dischar
604 ges for the money which shall appear to be the balance of the same
605 accounts without any responsibility in the person or persons paying
606 the same money to see the application thereof or be answerable or
607 accountable for the misapplication or nonapplication of the same And
608 I hereby revoke every other will or testamentary disposition and declare
609 that this writing contains the whole of my last Will and Testament
610 In witness whereof I have to this my last Will and Testament
611 written on forty seven sheets of paper set my hand the twenty third day
612 of December one thousand eight hundred and forty six Geo Blake
613 Signed and declared by the said George Blake the Testator as and for
614 his last Will and Testament in the presence of us present at the same
615 time who in his presence at his request and in the presence of each other
616 have subscribed our names as witnesses hereto John Eden Solicitor
617 Liverpool Mary Leather
618 In the Consistory Court of Chester
619 In the Goods of George Blake deceased
620 The 21st day of January 1847
621 Appeared Personally John Eden of Liverpool
622 in the County of Lancaster Gentleman and Mary Leather of Toxteth
623 Park Spinster and being sworn upon the holy Gospels made oath as
624 follows and first the deponent John Eden for himself saith that he is one
625 of the subscribed witnesses to the last Will and Testament of George Blake
626 late of Toxteth Park near Liverpool Gentleman deceased bearing date the
627 twenty third day of December one thousand eight hundred and forty six
628 and hereto annexed that he was present on the said twenty third day of
629 December one thousand eight hundred and forty six and saw the said
630 George Blake duly execute the same as and for his last Will and Testa
631 ment by signing his name “Geo: Blake” at the foot or and thereof as it now
632 appears in the joint presence of this deponent and the said Mary Leather
633 the other subscribed Witness and this deponent and the said Mary Leather
634 did then in the presence of the said George Blake and of each other at the
635 same time act and subscribe their names as witnesses to the due execution
636 of the said Will as they now appear And this deponent the said
637 John Eden for himself further saith that with reference to the different al
638 terations obliterations interlineations and erasures appearing in the
639 said Will that the same was originally intended only as the draft of a
640 Will of the deceased and was prepared by this deponent as the Solicitor of
641 the deceased and executed by him the said deceased in manner aforesaid as
642 his will in consequence of his very advanced age and sinking state of
643 health and the possibility of his death before the same could be regularly
644 engressed for his execution and this deponent further saith that the said
645 George Blake actually did die without executing any Jugeossment or fair
646 or other Copy of his said Will whereby the said draft became his only last
647 Will and Testament And this deponent further saith that the several
648 alterations interlineations and erasures appearing in the said Will as
649 hereinafter mentioned that is to say The words “and premises” interlined the
650 word “named” struck through and the word “made” interlined also the
651 words “County of Gloucester” and the word “by” interlined in the first page
652 thereof The word “described” struck through and the word “directed” interlin
653 ed The words “2 Carriage and horses” struck through and the words “and
654 also my Carriage and horses with heir harness and stock of hay and corn” inter
655 lined and the words “equal” interlined and the words “On the day
656 of the day of the day of
657 and the day of in every” struck through and
658 the words “in every” interlined in the second page thereof The words “on
659 such of the sd days as shall happen” struck through and the words “at the end
660 of three months” interlined the word “no” struck through and the letter “a”
661 interlined the words “I also give unto him whatever balance may be found
662 to the debit of his account in my books at my decease” struck through also the words “possibly” struck through and
663 the word “conveniently” interlined in the third page thereof The word “that”
664 struck through and the word”shall” interlined the word “should” struck
665 through the word “described” struck through and the word “directed”
666 interlined the figures “£4000” struck through and the figures “£5000” interlined
667 the figures “£4000” struck through and the figures “£5000” interlined the
668 words “these presents” struck through and the words “the said fund inserted
669 in the sixth page thereof The figures “£4000” struck through and the figures
670 “£5000” interlined the word “so” interlined the figures “£4000” struck through
671 and the figures “£5000” interlined in the seventh page thereof The word and “for
672 such intents” struck through in the eighth page thereof the word “resting”
673 struck through and the word “acting” interlined the word “whereby”
674 struck through and the words “in Bankruptcy” interlined in the ninth
675 page thereof The word “continued” struck through and the word “continuance”
676 interlined in the tenth page thereof The words “or more” struck through in
677 the eleventh page thereof the words “more than” struck through in the
678 twelfth page thereof the words “the sd trustee or trustees shall stand possess
679 ed of” struck through The words “upon trust for such person or persons
680 for such intents and purposes and in such manner and form as the sd Margaret
681 Brown as well when cover as sole and notwithstanding her coverture by the
682 sd Hy Torrens Brown or any other husband and either before or after such
683 failure of the issue as afsd by her last Will and Testament or any writing in
684 the nature of or purporting to be her last Will and Testament or any Codi
685 cil or Codicils thereto to be resply signed by her” struck through on the thir
686 tenth page thereof The words “in the presence of and attested by 2 or more
687 credible witnesses shall direct and appoint and in default of and subject to such direc
688 tion or appointment as last aforesaid then the said £4000 £5000 or the
689 stocks funds securities and shares which may be appropriated for or invest
690 ed in the same and the dividends interest and income thereof or so much of the
691 same as may not be so appointed as afsd shall but subject to the said an
692 nuity of during its continuance” struck through the words “shall” inter
693 lined also the word “all” struck through and the word “or” interlined in the
694 fourteenth page thereof The words “as afsd” struck through and the words “or
695 upwards” interlined in the sixteenth page thereof The word “in” struck
696 through in the seventeenth page thereof The words “more than” struck through
697 and the word “only” interlined also the word “surviving” interlined in the
698 nineteenth page thereof The word “interest” struck through in the twentieth
699 page thereof The words “and in” struck through the word “such” struck thro
700 and the word “each” interlined in the twenty second page thereof The word
701 “has” struck through and the word” was” interlined in the twenty third
702 page thereof The figures “£4000” struck through and the figures “£5000”
703 interlined in the twenty fourth page thereof The word “William” struck
704 through in the twenty sixth page thereof The word “first” interlined in the
705 twenty seventh page thereof The words “and James Blake” and the words”
706 premises” interlined in the twenty eighth page thereof The words “or
707 Guarantees” interlined and the words “at Liverpool” struck through in the
708 twenty ninth page thereof the word “effects” struck through and the
709 word “assets” interlined the words “in substitution for such first mentioned
710 Guarantee” interlined the word “attest” struck through and the word
711 “extent” interlined in the thirtieth page thereof the word “estates” struck
712 through and the word “shares” interlined also the word “shall” struck
713 through in the thirty first page thereof the words “or” and “on” interlined
714 the word “dock” struck through the word “the” interlined the word “docks”
715 interlined the word “or” struck through and the word “and” interlined the
716 words “in the purchase of or and from” also interlined in the thirty fourth
717 page thereof The word “on” being struck through and the word “or” inter
718 lined the words “desiring it continued” struck through and the words “dur
719 ing its continuance” interlined in the thirty sixth page thereof The words
720 “ of his annut part or” interlined and “ten” part of the word Grandchildren
721 struck through in the thirty eighth page thereof The word “or” interlined
722 in the thirty ninth page thereof The words “to be” struck
723 through and the words “or the” interlined in the fortieth page thereof
724 The word “contrary” struck through in the forty first page thereof the word
725 “so” interlined in the forty third page thereof The word “neglects” interlined
726 in the forty fourth page thereof The word “wilful” interlined in the forty fifth
727 page thereof and the words “and every sheet of” struck through in the forty
728 seventh and last page thereof were all made obliterated written interlin
729 ed struck through and erased as they now appear in the course of drawing
730 out the said draft and reading the same over to the said Testator or by his
731 direction and previous to the execution of the same by the said Testator as
732 his Will in manner aforesaid and the said Will is now in the same state
733 as when executed by him as aforesaid And this deponent Mary Leather be
734 herself saith that being merely called up to see the said George Blake
735 sign the said Will and to attest his signature and her attention not being
736 at all directed to the said alterations she is entirely unable to depose to
737 them not having noticed the state of the said Will when executed as afore
738 said but she saith that the said Will was executed by the said George
739 Blake and attested by this deponent and the said John Eden in the
740 manner to which he hath deposed in all respects John Eden
741 Mary Leather Signed and sworn at Liverpool aforesaid by the
742 said deponents John Eden and Mary Leather the twenty first day of
743 January one thousand eight hundred and forty seven Before med
744 Thomas Nolan Surrogate
745 In the Consistory Court of Chester
746 In the Goods of George Blake deceased
747 The 20th day of January 1847
748 Appeared Personally John Eden of Liverpool in the
749 County of Lancaster Gentleman one of the subscribed Witnesses to the
750 last Will and Testament of George Blake late of Toxteth Park near
751 Liverpool in the County of Lancaster Gentleman deceased bearing date
752 the twenty third day of December 1846 and now remaining in the public
753 Episcopal Registry of Chester and being sworn upon the holy Gospels
754 made oath that he was employed by the said George Blake to prepare
755 the said Will as his Solicitor and that the same was written as it now
756 appears previous to its execution on forty eight sheets of draft paper
757 which have been number as 47 only in consequence of the mistake of
758 this deponents Clerk who numbered the two sheets following the first
759 with the number “2” as they now appear and that the said sheets
760 numbered respectively “2” formed a part of the said Will when executed
761 by the said Testator George Blake no alteration addition or substitution
762 being made of or to any of the sheets forming the said Will when executed
763 but two having been numbered alike soley through the inadventence
764 of this deponent’s Clerk as aforesaid John Eden Signed and him
765 sworn at Liverpool aforesaid the day and year aforesaid Before me
766 M W Falloon Surrogate
767 Proved at Chester in Common form of Law on the 30th day of
768 January 1847 by John Stewart Duncan Gibb and the Reverend
769 William Blake the Executors therein named the right of every
770 person being saved and time allowed to exhibit all Inventory
771 H Kaikes Registrar
772 Proved at London 17th Feb 1847 before the Judge by the oaths of
773 John Stewart Duncan Gibb and the Reverend William Blake Clerk
774 the son the Executors to whom Admon was granted having been first
775 sworn by Comon duly to administer
George and Margaret Blake baptized their children at Oldham Street Presbyterian, Liverpool (records from Family Search):
Isabella born 19 Jun 1814 and baptized 31 Jul 1814
George born 10 Feb 1816 and baptized 18 Apr 1816
James born 30 Jul 1818 and baptized Aug 1818
William Blake born 16 Jun 1823 and baptized 29 Jan 1824
Margaret born 22 Dec 1826 and baptized 10 Feb 1827
Matthew born 6 Mar 1829 and baptized 21 Apr 1829
Isabella Blake married Arthur Oughterson but date is unknown (A bond was created 11 Dec 1834 at St Philip, Liverpool and Isabella was 20 years of age) (1). George Blake Oughterson was born 22 Nov 1837 at Liverpool and baptized 21 Dec 1837 at Oldham Street Presbyterian, Liverpool. Isabella Oughterson died Dec quarter 1837 at Liverpool and she was 23 years of age. A daughter Isabella Oughterson was baptized 6 Oct 1836 at Oldham Street Church, Liverpool (2).
Isabella Blake was born 19 Jun 1814 and baptized 31 Jul 1814 at Oldham Street Presbyterian Liverpool, daughter of George Blake (3).
(1) England, Cheshire, Marriage Bonds and Allegations, 1606-1900," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:FBNX-PJM : 8 December 2014), Isabella Blake in entry for Arthur Oughterson, 11 Dec 1834; citing St. Philip, Liverpool, Lancashire, England, Item 5, Cheshire Record Office, Chester; FHL microfilm 1,894,628.
(2) Scotland Church Records and Kirk Session Records, 1658-1919," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:Q2HR-BM1J : 30 November 2016), Isabella Blake in entry for Isabella Oughterson, 06 Oct 1836; citing Baptism, Liverpool, Lancashire, England, United Kingdom, The National Archives of Scotland, Edinburgh; FHL microfilm .
(3) England Births and Christenings, 1538-1975," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:JQL9-WQX : 6 December 2014), Isabella Blake, 31 Jul 1814; citing , reference ; FHL microfilm 304,665.
Margaret Blake married Henry Torrens Browne Jun quarter 1846 in West Derby Registration District (Liverpool is in West Derby). Record located on Find My Past.
An online website for the Stewart family notes that: Anne [Stewart], ….. baptized 30 Mar 1820 at St Peter’s Liverpool was married 9 Sep 1841 (verified on Find My Past) at St Peter’s, Liverpool, to James who was the second son of George Blake and his wife Margaret (Steele) Blake. James Blake was baptized Aug 1818 at Oldham Street Presbyterian Church, Liverpool and owned soap works in Great George Square, Liverpool, which was later incorporated into Lever Brothers. He died circa 1872 and she died 6 May 1911 having had issue.
This particular record appears under John Stewart but it is difficult to follow on the website (John Stewart named as a JP, architect and surveyor) (a John Stewart is one of the trustees in the will below). http://www.archerfamily.org.uk/family/stewart.htm
On Find My Past (Record set England Marriages 1538-1973) John Stewart is given as the father of Anne Stewart and George Blake as the father of James Blake. A second record in England Births and Baptisms 1538-1975 lists the baptism as 30 Mar 1820 at Liverpool for Anne daughter of John and Mary Anne Stewart.
The London Gazette, Part 2, 1847 on page 1509 notes: Richard Stevenson, Esq one of Her Majesty’s Commissioners authorized to act under a Fiat in Bankruptcy, bearing date the 31st day of December 1847, awarded and issued forth against George Blake and James Blake, of Liverpool, in the county of Lancaster, and also of the city of Dublin, Soap Manufacturers, carrying on business under the firm of G. and J. Blake, will sit on the 27th day of June instant, at eleven in the forenoon precisely, at the District Court of Bankruptcy, in Liverpool, in order to make a Dividend of the estate and effects of George Blake, one of the said bankrupts; when and where the creditors, who have not already proved their debts, are to come prepared to prove the same, or they will be excluded the benefit of the said Dividend. (Google Book search)
Does this record point to a possible ancestry for George Blake? Is he from Ireland originally (there is a soapworks attributed to his heirs (George and James Blake) in Dublin, Ireland)? There is a record in the 1841 census of Liverpool of a George Blake (independent) married to Margaret and with them James Blake (24 years) Merchant (born in Lancashire). Both George and Margaret are born in Ireland. They are living in Wavertree (District 9), Childwall, Lancashire. George is listed as 76 years of age and Margaret is 57 years of age on this census. Childwall is a suburb of Liverpool.
The Galway Blake family were found in Dublin and George is not a common forename in this family. However, it could not be determined if he was descendant of this family.
Using the new GRO Index for searching, the death of George Blake March quarter 1847 in West Derby at the age of 82 years was located. Given his age of 76 years in 1841, 82 years of age in 1847 is quite reasonable and likely the census record above is correct for this George Blake. It is also prior to the marriage of his son James who is living with them. However both Margaret, their daughter, and William and Matthew, their sons, are not with them on this census and are perhaps in school or visiting.
Transcriber: Elizabeth Kipp
Recorded: 14 Jan 2017
Source: The National Archives, PROB 11/2049
Name of testator: George Blake, Gent
Place: Toxteth Park near Liverpool, Lancashire, England
Type of Record: Will
Dated 23 Dec 1846, probated 17 Feb 1847
[In margin] George Blake 119
1 This is the Last Will and Testament
2 of me George Blake of Toxteth Park near Liverpool Gent whereas my
3 property mainly consists of freehold and leasehold mess[uag]es warehouses ten
4 aments in Liverpool aforesaid Tog[ethe]r with a Soapery and premises there belonging
5 to me now in the occupation of my sons George Blake James Blake who
6 are yearly tenants of the same to me and also of shares and stock in the
7 London and North Western Railway Company and shares in the Commercial
8 Bank of Liverpool and my desire is that subject to the intermediate
9 gifts hereinafter made by me my property until my youngest Son
10 Matthew Blake (now of the age of 18 years or thereabouts) do attain the
11 age of 25 years or previously die shall be administered by John Stewart of
12 L[iver]pool a[s]f[ore]s[aid] Surveyor Duncan Gibb of the same place Merchant and my
13 son the Rev[eren]d William Blake of Cam in the County of Gloucester Clerk
14 (whom I appoint the Ex[ect]ors of my Will) and by the surv[iv]ors and surv[iv]or of
15 them and other the Trustee or Trustees for the time being to be appointed
16 or secured in his or their stead in the manner and with the powers herein
17 after expressed and shall be holden and applied as hereafter directed Now
18 I do make the following dispositions to take effect in the meantime that
19 is to say I give a legacy of £5 to each of my Servants Jane Quail Mary
20 Leather Mary Brice and Thomas Lloyd who shall be in my Service at
21 my decease I give an annuity of £20 per annum (too from legacy duty
22 during the life of Margaret the Wife of Matthew Gibson of Halifax in
23 the County of York to commence from my decease and to be paid by equal
24 quarterly portions unto such person or persons for such intents and pur
25 poses and in such manner and form as the s[ai]d Margaret Gibson not withstand
26 ding her coverture by the said Matthew Gibson or any other husband
27 and as well when covert as sole by any writing under her hand shall from
28 time to time direct or appoint and in default of such appointment than in
29 to her own hands for her own sole use separate and apart from any hus
30 band and so that the same may not be subject to his respective debts contracts
31 forfeiture or engagements and so that the receipts of the said Margaret
32 Gibson or her appointees may be an effectual discharge for the same
33 notwithstanding her coverture And I give all my furniture plate lin
34 en china pictures paintings prints books and other household and domestic
35 effects including my stock of fuel beer wines spirits and liquors and also my
36 carriage and horses with their harness and stock of hay and corn unto my Wife
37 Margaret Blake absolutely I also give unto her the sum of one thousand
38 pounds sterling And I direct that the trustee or trustees for the time being
39 of this my will do pay unto my s[ai]d wife a clear annuity of £400 per
40 annum during her natural life or until she marry by equal quarter
41 ly portions in every years the first of the s[ai]d quarterly portions to be paid
42 at the end of three months next after my decease provided my s[ai]d
43 wife so long outlive me but should she die or marry on any other day
44 than one of the s[ai]d quarterly days so appointed for payment of her s[ai]d
45 annuity than my will is that a proportionate part of the s[ai]d annuity
46 shall be paid in respect of so much of the currant quarter of the year as
47 shall have elapsed up to the day of her decease or marriage and I give
48 the sum of £3500 sterling unto my son George Blake I also give unto my Son
49 James Blake the sum of £2000 sterling and my desire is that the several
50 pecuniary legacies hereinbefore given shall be paid as soon as conv
51 iently can be after my decease I give unto my Grandson George Blake
52 Oughterson if he attain the age of 25 years but not otherwise the sum of
53 £1000 to be paid to him as soon after he shall attain that age as can be but
54 without interest in the meantime but should he attain such age in
55 my lifetime than to be paid within six months after my decease with in
56 terest after the rate of £4 per cent per annum from the day of my death
57 And I give all my real and personal Estate of every description not hereinbe
58 fore disposed of unto and to the use of the s[ai]d John Stewart Duncan Gibb and
59 W[ilia]m Blake their heirs ex[ecut]ors adm[instrat]ors and ass[igns] upon the trusts and for the intent
60 and purposes and under and subject to the powers and provisions hereinafter
61 contained that is to say upon trust that they the s[ai]d John Stewart
62 Duncan Gibb and William Blake and the surv[iv]ors and surv[iv]or of them and the heirs
63 exors and admors of such survor and other the trustee and trustees for the time being
64 of this my will do hold and administer my said Estates and sell let and manage the
65 same in such manner as by virtue of the special provisions herein
66 after contained or for the general benefit of my Estates or for the advan
67 tage of the persons who may be interested therein as my sd trustee or
68 trustees shall think fit And upon truat that he and they (subject to the pay
69 ment of my debts funeral and testamentary expences and of the legacies and
70 annuities as af[ore]s[ai]d) do and shall accumulate by way of compound interest on
71 investment and reinvestment in his or their names or name in or upon
72 such stocks funds securities and share as he and they is and are hereinafter author
73 is[su]ed to take retain purchase or acquire all the rents profits dividends interest
74 and income of my said residuary real and personal and of my testamentary estate
75 as from the day of my death until my youngest son Matthew Blake
76 shall attain the age of 25 years of shall previously die and when and as my sd
77 youngest son Matthew shall so attain the age of 25 years or shall pre
78 viously die my Will is that the following appropriation payments distri
79 bution and division of and from my sd estates and the accumulation and other
80 produce thereof shall be made and take place as hereafter directed that is to
81 say I direct that the sum of £5000 or such stocks funds securities and
82 shares as afsd as may be of the amount or value of £5000 sterling on
83 the day when my sd son Matthew shall attain the age of 25 years or
84 on the day of his death previously shall by the trustee or trustees for the
85 time being of this my Will be retained or appropriated in his or their
86 name or names or be paid or transferred by him or them to such 3 Trus
87 tees as he or they may order and as my daughter Margaret the wife of
88 Henry Torrens Brown if she be living shall approve to be holden and
89 applied upon or according to the terms hereinafter expressed that is to say
90 Upon trust that the sd Trustee or Trustees for the time being of the said
91 fund do and shall with the consent or approbation in writing of my sd
92 daughter if and whilst living and after her decease then in the discretion of the sd
93 trustee or trustees lay out and invest the sd £5000 if retained or paid in mo
94 ney in or upon such stocks funds securities and shares as hereinbe
95 fore referred to and with such consent or approbation or in such discret
96 ion as afsd vary and transfer the stocks funds securities and share and also all
97 such stocks funds securities and shares as may be so appropriated or
98 transferred for or towards satisfaction of the said £5000 into and for other
99 stocks funds securities and shares of the like nature as opportunity
100 may present or occasion shall require and stand possessed of the sd
101 £5000 or the stocks funds securities or shares to be appropriated or
102 transferred in satisfaction of or to be invested from the same and of the dividends
103 interest and monie thereof upon the trusts hereinafter before afsd that is to say
104 upon trust to pay the dividends interest and income of the same from time to
105 time to become due during the lifetime of my sd daughter Margaret
106 Brown unto such person or persons and for such intents and purposes and in
107 such manner and form as she notwithstanding her coverture by the sd Henry
108 Torrens Brown or any other husband and as well when covert as sole shall
109 from time to time by any note or writing under her hand direct or appoint
110 and in default of such direction or appointment then unto her own hands
111 for her own sole use separate and apart from the said Henry Torrens Brown
112 or any other husband and so that the same may not be subject to his respect
113 tive debts contracts forfeitures or engagements and so that the receipts in writ
114 ing of the sd Margt Brown or her appointees may be effectual discharges
115 for the same notwithstandg her coverture and from and after the decease of the
116 sd Margt Brown then upon trust that the sd trustee or trustees do and shall
117 from and out of the sd dividends interest and income thenceforth to be continue
118 due and during the life of the sd Hy Torrens Brown or until any Fiat of
119 Bankruptcy shall be issued against him whereout he shall be found
120 Bankrupt and which shall not be annulled within twelve months after
121 wards or until he shall file any declaration of Insolvency or take the
122 benefit or any act made or to be made for the relict of Insolvency debtors or
123 any vesting order in Bankruptcy and Insolvency shall be obtained
124 against him which shall not be vacated within twelve months afterwards
125 or until any Judgment or Judgments to the amount of £500 or upwards
126 shall be registered against him which shall not be satisfied within twelve
127 months after[war]ds or until he shall do any Act which but for the effect of this
128 provision would be an assignment charge incumbrance or anticipation
129 so in the lifetime of my said daughter Margaret Brown put unto the sd
130 Henry Torres Brown the clear annuity of £100 by equal quarterly portions
131 on the 25th day of March the 24th day of June the 29th day of Sept and the
132 24th day of December in every year the 1st quarterly payment to be made on
133 such of the sd days as shall next happen after the decease of my sd daugh
134 ter provided the sd annuity so long have continuance but no proportional
135 part thereof to be paid in respect of any current quarter of a year during
136 which the sd annuity shall determine and from and after the decease of my sd
137 daughter and subject to the said annuity of £100 during its continance
138 that as to the sd trust monies stocks funds securities and share and the divide
139 nds interest and income of the same or of so much thereof as may not be re
140 quired for payment of the sd annuity of £100 during its continuance the sd
141 trustee or trustees shall stand possessed of the same upon trust for the Child
142 Grandchild or other issue or all or any one or more of the children grand
143 children or other issue of my sd daughter Margt Brown (such grandchild
144 dren and issue resp[ective]ly to be born in her lifetime in such manner and form and if
145 more than one in such shares and proportions and for such times with such
146 limitations over or substitutions in favor or any one or more of the oth
147 ers of the sd children Grandchildren and issue resply and either by way of legacy
148 portion present or remote interest or otherwise and to vest and be paid transferred
149 or assign[e]d at such age day or times ages days or times and upon such con
150 tingencies and under and subject to such directions and regulations for mainten
151 ance education and advancement and such conditions and restrictions as my
152 said daughter as well when covert as sold and notwithstanding her cov
153 erture by any husband shall from time to time by any deed or deeds
154 writing or writings with or without power of revocation and new appoint
155 ment (such new appointment to be in favor of some one or moreof the
156 objects of this present provision to be sealed and delivered by her in the presence
157 of 3 to be attested by 2 or more credible witnesses or by her last will and
158 Testament or by any writing purporting to be in the nature of or purport
159 ing to be her last Will and Testament or any Codicil or Codicils thereto to be
160 resply signed by her in the presence of and attested by the like number of credible wit
161 nesses shall direct or appoint and in default of and subject to every or any such
162 direction or appointment then the said trustee or trustees shall stand poss
163 essed of the sd trust monies stocks funds securities and shares and the dividends
164 interest and income of the same (subject to the sd annuity of £100 during its
165 continuance) upon trust for the child if one or all the children if more
166 than one of my said daughter Margt Brown who being a son or sons
167 shall attain the age of 21 years or die under that age leaving surviving
168 issue or who being a daughter or daughters shall attain that age or
169 be previously married and equally among such children if more than one
170 and his her or their exors admors or assigns but in case my said daughter
171 shall not have any child who being a son shall attain the age of 21 years
172 or die under that age leaving surviving issue or who being a daughter
173 shall attain that age or be previously married Then from and after her de
174 cease (and subject to the sd annuity of £100 during its continuance) the sd trust
175 monies securities and shares and the dividends interest and income of the
176 same shall fall into and form part of my residuary and personal estate and go
177 as the same is hereinafter disposed or and upon further trust that the
178 sd trustee or trustees for the time being do and shall also in life manner
179 retain lay out appropriate or invest the sum of £5000 sterling or such
180 stocks funds and securities hereinbefore referred to either in the name or
181 names of the trustee or trustees for the time being of this my Will or of 3
182 Trustees to be appointed by him or them and to be approved of by my
183 son George Blake living to the intent that the trustee or trustees for
184 the time being of such (and so and shall with the consent or approbations
185 my sd son George Blake if and whilst living and after his decease then in
186 the discretion of the sd trustee or trustees of the sd fund lay out and invest
187 the sd £5000 if retained or paid in money or do much thereof as may be
188 retained or paid in money in the name or names of the sd trustee or
189 trustees in or upon such stocks funds securities and shares hereinbefore re
190 ferred to and with such consent or approbation or in such discretion as afsd
191 vary and transpose the sd stocks funds securities and shares and also all such
192 stocks funds securities and shares as may be appropriated or transferred for
193 or towards satisfaction of the sd £5000 into or for other stocks funds secure
194 ties or shares of the like nature as opportunity may present or occasion
195 shall require and stand possessed of the sd £5000 or the sd stocks funds securities
196 or shares to be appropriated for or invested from the same and the dividends
197 interest and income thereof upon the trusts hereinafter expressed that is to say
198 Upon trust that the sd trustee or trustees during the lifetime of my sd son
199 George Blake or until any fiat in Bankruptcy shall be issued against
200 him whereon he shall be declared Bankrupt and which shall not be
201 annulled within twelve months afterwards or until he shall file
202 any declaration of Insolvency or take the benefit of any act made
203 or to be made for the relict of Insolvent debtors or any vesting order
204 in Bankruptcy or Insolvency shall be obtained against him which
205 shall not be vacated within twelve months afterwards or until any
206 Judgment or Judgments to the amount of £500 or upwards shall be
207 registered against him which shall not be satisfied within 2 years afterwards or
208 until he shall do any act which but for the effect of this provision would be
209 an assignment charge incumbrance or anticipation of the same or any
210 part thereof or provided that any such act or event shall not have hap
211 pened do and shall pay the dividends interest and income of the sd last
212 mentioned trust monies stocks funds securities and share unto the sd
213 George Blake or his assigns for his and their own use and benefit and from and after
214 the decease of my sd son Geo Blake or the determination of his life
215 interest by any such act or event as afsd then the sd trustee or trustees shall stand
216 possessed of the sd £5000 or the stocks funds securities and shares to be appropri
217 ated for or invested from the same and the divds interest and income of the same
218 upon trust for the child grandchild or other issue of all or any one or more
219 of the Children grandchildren or other issue of my sd son George Blake to be
220 born in his lifetime in such manner and form as if more than one in such shares
221 and proportions and for such terms with such limitations over or substitutions in
222 favor of any one or more of the others of the sd children grandchildren and issue
223 resply and either by way of legacy portion present or remote interest or other
224 wise and to vest and be paid transferred or assignd at such age day or time ages
225 days or times and upon such contingencies and under and subject to such direc
226 tions and regulations for maintenance education and advancement and such con
227 ditions and restrictions as my sd son George Blake from time to time by any
228 deed or deeds writing or writings with or without power of revocation and new
229 appointment such new appointment to be in favor of the objects of this pre
230 sent provision to be sealed and delivered by him in the presence of and to be attested
231 by 2 or more credible witnesses or by his last will and Testament or by any
232 writing purporting to be in the nature of his last Will and Testament or
233 any Codicil or Codicils thereto to be resply signed by him in the presence of
234 and attested by the like number of credible witnesses shall direct or appoint and in
235 default of and subject to every or any such direction or appointment than the sd
236 trustee or trustees shall stand possessed of the trust monies stocks funds secure
237 ties and shares and the dividends interest and income thereof upon trust for the Child
238 if only one or all the children if more than one of my sd son Geo Blake who
239 being a son or sons shall attain the age of 21 years or die under that age
240 leaving surviving issue or who being a daughter of daughters shall
241 attain that age or be previously married and equally among such children if
242 more than one and his her or their exors admors or assigns but in case my
243 sd son George Blake shall not have any child who being a son shall
244 attain the age of 21 years or die under that age leaving surviving issue
245 or who being a daughter shall attain that age or be previously married
246 Than the sd trustee or trustees shall stand possessed of the sd last mentioned
247 trust monies securities and shares and the dividends interest and income thereof
248 upon trust for such person or persons for such intents and purposes and in
249 such manner and form as the sd George Blake either before or after such fail
250 ure of issue or by any deed or deed instrument or instruments in writing
251 to be sealed and delivered by him in the presence of and attested by 2 or more
252 credible witnesses or by his last Will and Testament or any writing in the na
253 ture of or purporting to be his last Will and Testament or any Codicil or Codi
254 cils thereto to be resply signed by him in the presence of and to be attested by 2
255 or more credible witnesses shall direct and appoint and in default of and
256 subject to such direction or appoint as last afsd the sd £5000 or the stocks
257 funds securities and shares which may be appropriated for or invested from
258 the same and the interest dividends and income thereof or so much thereof as may
259 not be so appointed as afsd shall fall into and form part of my residuary
260 and personal estate and go as the same is hereinafter disposed of And
261 upon further trust that the said trustee and trustees of this my Will do also
262 retain lay out appropriate or invest in like manner the sum of £5000 ster
263 ling or such stocks funds securities and shares as hereinbefore referred to for
264 the benefit of each of my sons James Blake William Blake and Matthew
265 Blake and his or their family or families and so that each of my 3 last named
266 sons may have a similar life interest in and the like power of appoint
267 ment to or in favor of his child children grandchildren and other issue of and
268 concerning £5000 sterling or such stocks funds securities and shares to be so
269 appropriated for or invested from the same and that in default of and subject to
270 such appointment the same may go to his respective child or children and in
271 case he resply have not have any child who being a son shall attain
272 the age of 21 years or who being a daughter shall attain that age and be pre
273 viously married then he resply may have the like power of appoint
274 ment of and concerning such £5000 resply or the stocks funds securities and shares
275 to be appropriate for or invested from the same and that in default of such ap
276 pointment the same or the unappointed portion thereof may fall into and
277 go as part of my residuary personal Estate as hereinbefore declared concern
278 ing the first mentioned £5000 or the stocks funds and securities to be ap
279 priated for or invested from the same and the dividends interest and income
280 thereof for the benefit of my sd son Geo Blake and his family Provided always
281 and my Will is that is shall be lawful for each of my sd sons George
282 Blake James Blake Wm Blake and Mattw Blake by any deed or writing
283 whether testamentary or otherwise to be executed by him in the presence of
284 and attested by two or more credible witnesses and notwithstanding his life inter
285 est may have determined in his lifetime by any such means as afsd to
286 appoint all or any of the dividends interest and income of the £5000
287 or the stocks funds securities and shares wherein he respectively is or was to
288 have a life interest unto or for the benefit of any Wife whom he may
289 then having living or with whom he may thereafter intermarry for her
290 life to take effect from and after his respective decrease or such determina
291 tion of his respective life interest and so that in case such appointment shall
292 take effect in possession during the lifetime of my son so resply appointing
293 in consequence of his life interest having determined by any such
294 means as afsd the sd dividends interest and income so to be appointed
295 shall during the joint lives of such son and his sd wife be for her sole and se
296 parate use apart from him and free from his control debts forfeiture or en
297 gagements as if she were a feme sole but so that she shall not have
298 any power of charging incumbering or anticipating the same And I
299 further declared concerning the sd sum of £5000 or the stocks funds securities
300 or shares of that amount or value for the benefit of my sd daughter
301 Margt Brown and her husband and family or from the execution of the
302 trusts hereinbefore declared concerning the Sum of £5000 or stocks in
303 funds securities or shares of that amount or value for the benefit of
304 each any or either of my sd sons Geo Blake James Blake and Wm Blake
305 and his respective family that in every or any such case it shall be lawful
306 for the said trustee or trustees to pay or transfer such respective fund unto
307 any 3 trustees to be appointed by my sd trustee or trustees and to be
308 approved by my sd respective daughter or son if living and to have at the
309 expence of the resp[ect]ive trust fund a deed of Settlement of the same executed
310 conformable to the provisions of this my Will and that subsequently there
311 to the trustee or trustees for the time being of this my Will shall be entirely
312 absolved from any responsibility concerning such respective settled fund
313 And I further declare that the trustee or trustees for the time being of this
314 my Will may in such respective settlement consent to the introduction
315 of such clauses for the investment of the respective settled funds in
316 Government or real securities or such stocks funds securities and shares as here
317 tobefore referred to and for varying and transforming the same and to such pro
318 visions for the advancement maintenance and education of the child
319 or children of my said daughter or such respective Son of and from the
329 fund to be so settled and the dividends interest and income thereof and such
321 powers of appointment of new trustees and clauses or Indemnity to persons
322 dealing with the trust funds and to the trustee or trustees thereof as the sd trustee
323 or trustees for the time being of this my Will shall think fit and my Will
324 further is that subject to the trusts and purposes afsd all my real and personal
325 Estate and the produce of the same shall go to and be equally divided among
326 my sd sons George Blake James Blake William Blake and Matthew
327 Blake and their respective heirs exors admors and assigns but that in case my
328 sd son Matthew Blake shall be under the age of 21 years his share
329 shall go to my said sons George Blake James Blake and William Blake
330 equally amongst them provided also and my will is that in the meantime
331 and until my sd son Matthew Blake shall attain the age of 25 years or shall
332 previously die (and when the division of my property is hereinbef directed to
333 take place as afsd) the yearly sum of £200 shall out of the produce of
334 my general residuary estate be paid unto my said son William provided
335 he so long live and by equal quarterly portions on the 25th day of March
336 the 24th day of June the 29th day of September and the 24th day of December
337 in every year the first quarterly portion to be paid on such of the sd days
338 as shall next happy after my death provided my said son William so
339 long outlive me but no proportionate part of the said £200 to be paid
340 in respect of any current quarter of a year during which my sad son
341 Matthew shall attain the age of 25 years or shall previously die or my
342 sd son William shall have died And I further direct that the sd trus
343 tee or trustees for the time being do until my sd son Matthew shall
344 attain the age of 25 years or shall previously die pay unto him or apply
345 for his benefit whilst a minor the yearly sum of £100 by such payments
346 and at such times as the sd trustee or trustees shall think fit And I further
347 declare that the trustee or trustees for the time being of this my will may
348 in his or their discretion advance into or for the benefit of my Son
349 Matthew an amount of and to be deducted from his ultimate share of
350 the residue of my estate any sum or sums of money not exceeding alto
351 gether £2000, sterling and so that he may be established in any trade trus
352 tees may deem advisable And my will is that the sd trustee or trustees do
353 permit my said sons Geo Blake and James Blake who now hold as yearly
354 tenants my Soapery and premises at L[iver]pool and the survivor of them to con
355 tinue to occupy the same at the same rent which they now pay for the
356 same until my sd trustee or trustees shall think fit for or dispose of the
357 same And I further declare that my sd sons George Blake and James Blake
358 or the survivor of them upon the sale of the said Soapery shall have
359 the option of purchasing the same at the like price as any other person
360 or persons may bona fide be willing to give for the same but that to
361 prevent any difficulty in my trustee or trustees selling the same this
362 not having available evidence that such option has been given or
363 been declined or omitted to be accepted the declaration in writing many
364 such respect of my sd trustee or trustees shall be a full protection to any
365 purchaser or purchasers And inasmuch as I have on behalf of my
366 sd sons George Blake and James Blake given a guarantee or guar
367 antes to the Company of Proprietors of the Bank of Liverpool by
368 means whereof my said sons are enabled to draw or have advances
369 to the extent of £9000 my Will is that altho such guarantee might
370 determine upon or subsequently to my decease the same if the trustee
371 or trustees for the time being of this my Will so think fit to declare in
372 writing shall continue for such further period or periods as he or they
373 from time to time shall think proper and in such case I declare that the
374 guarantee so to be continued shall have the same force and efficacy
375 upon and against my Estate assets as if the same had originally been
376 given by me up to the end of such period or periods and I further
377 declare that the sd trustee or trustees if he or they think fit may make
378 any similar guarantee in substitution for such first mentioned
379 guarantee in favor of my sd sons to an extent not exceeding £9000
380 with the same Bank or any other Banking firm or Establishment
381 or any Merchant or Capitalist and that the sd trustee or trustees may if
382 he or they so think fit declare that he or they will hold the ultimate
383 shares of my sd sons George Blake and James Blake in my residu
384 ary Est[at]e subject to the lien of any such guarantee and my will is that in
385 case my Estate or assets have to pay bear or sustain any sum of money
386 loss or expense by reason or in consequence of such guarantee as I
387 may have already made or hereafter may make in favor of my said
388 sons George Blake and James Blake or by reason or in consequence of
389 any such guarantee being so continued or affected in their favor after
390 my decease then the same shall be made good and be deducted from and out
391 of their respective ultimate shares in the residue of my estate or if such
392 shares would not be sufficient to meet or discharge the deficit then from and out of
393 the sd respective sums of £5000 or the stocks funds securities and shares of
q such respective amount of value hereinbefore directed to be appropria
395 ted or holden for the benefit of them respectively and their respective families
396 and I declare that the trustees or trustee for the time being of this my
397 Will may for the purposes of the distribution and division of my Estate
398 and effects hereinbefore directed or (or any other purpose previously thereto or
399 in case it shall appear eligible to him or them and in his or their full andun
400 fettered discretion sell dispose of and convert into money all or any part of
401 my real and personal Estate when and as he or they from time to time shall
402 think fit and also that he and they may cause or let all or any portion
403 of my freehold and leasehold property for such term or terms and at such rent
404 or rents and either with or without taking a premium for any such renting
405 or letting (the monies to be waived for such premium or premiums
406 forming part of my personal Estate as he or they make think proper and
407 also that he and they when and as they shall think fit may renew the
408 lease or leases of my leasehold Estates for such term or terms and pay such
409 fine or fines and make sure Surrender or Surrenders as he or they may
410 think proper for any such purpose and may raise and pay such fines and the
411 expences of such removal from and out of the produce of my said Estates and
412 he or they may repair and insure against damage from fire all or such
413 portion of my freehold and leasehold Estates as he or they may judge pro
414 per And I authorize him or them to retain so long as he or they may
415 judge convenient and to sell and dispose of what he and they may think fit all
416 my shares and stock in the London and North Western Railway or in any
417 other Railway which may belong to me at my decease and all my shares
418 in the Commercial Bank of Liverpool or in any other Establishment en
419 terprise or undertaking and also to pay all calls which may be requisite in
420 respect of any shares which may form part of my personal Estate and also
421 to pay all instalments and calls on any new shares that may be appropri
422 ated in respect of any shares which may form part of my personal Estate
423 or any stock which may be issued or received in respect or or on account
424 of such shares in case my said trustee or trustees shall not think fit to sell
425 and dispose of the same And I authorize and empower the trustee or trustees
426 for the time being of this my Will to lay out and invest the produce of the
427 sale collection or reversion of my real and personal Estate from time
428 to time and also the accumulations of income hereinbefore directed to be
429 made until my said youngest Son Matthew Blake shall attain the
430 age of 25 years or shall previously die at interest in the name or names
431 of the sd trustee or trustees in or upon some of the Government or parli
432 amentary stocks or funds of Great Britain now Bonds of the Corporat[io]n
433 of Liverpool or Bonds of The Trustees of The Liverpool Docks or Freehold
434 leasehold or copyhold securities such leasehold being holden of or under
435 the Corporation of Liverpool and having at least 60 years to run or in
436 the purchase of or upon the security of shares stocks debentures or
437 securities of any Company Society or undertaking which may be in
438 corporated by Act of parliament and may be paying a dividend and from
439 time to time to sell or dispose of such stocks funds securities and shares
440 or any of them and invest the produce of the same in or upon or vary and
441 transpose all or any of such stocks funds securities and shares into funds of the
442 like nature as the sd trustee and trustees for the time being may think proper
443 and my Will is inasmuch as the said trustee or trustees may in the ad
444 ministration or management of my Estate find it convenient from time to
445 time to sell and dispose of portions of my freehold Estate that for preventing
446 any questions between the representatives of my sd sons all my freehold
447 Estate shall as between such representatives be considered person
448 Estate altho any Sale thereof may not take place either previously to or for
449 the purposes of the distribution afsd my intention not being to convert
450 such freehold out and out but only to give power to sell the same And my
451 will further is that it shall be lawful for the sd trustee or trustees for the
452 time being of this my will as to the respective funds hereinbefore design
453 ed for the benefit of my sd 5 Children resply and their respective families
454 which may not be settled by distinct Settlement as hereinbefore author
455 ised from and after the death of my sd respective children or the determina
456 tion of their respective life interests (but as to the funds designed for my
457 daughter subject to the annuity for her husband during its continuance
458 and as to the fund designed for each of my Sons subject to any owner
459 ship to be appointed to his respective wife to apply the interest divide
460 nds and annual income of the than vested or presumptive share of each
461 of the children resply of my sd respective children of and in the sd respect
462 tive trust monies stocks funds and securities in or towards the mainten
463 ance education and advancement of such my Grandchild or Grandchil
464 dren and also in or towards his or her schooling pocket money and clothing
465 And further that so much of the interest dividends and annual in
466 come arising from the portion or share of each of the same Grandchil
467 dren resply as shall not be applied for his or her maintenance educati
468 on and advancement shall from time to time be added to the principal mo
469 nies of the same portion or share and improved at interest together with
470 the same and as part thereof by way or in the nature of compound
471 interest and follow and be subject to all the terms and dispositions herein
472 expressed declare and ccontained or and concerning the principal of the same
473 portion or share until the same principal monies or the securities on
474 which the same shall be invested shall become payable or is or
475 are hereby directed to be paid assigned and transferred and further
476 that it shall be lawful for the sd trustee or trustees for the time being
477 of this my Will at anytime after the death of my said Children resply
478 or the determination of the respective life interest of my sd sons in
479 such funds resply but as subject as afsd or in the lifetime of my sd
480 children resply with their respective written consent and also as to my
481 daughters share in the funds with the written consent of the sd
482 Henry Torrens Brown Surg the continuance of his annuy and as
483 to the fund respectively designed for each of my sosn with the written
484 consent of my Wife to whom he may have made any appointment
485 as aforesaid to advance to and for each or any of the children of my said
486 respective Children any part not exceeding one half of the expectant
487 part or share of such Grandchild resply of and in the sd trust monies
488 stocks funds and securities for the advancement and preferment in the world
489 of the same Grandchild and that the money to be so advanced to and for
490 each of the same Grandchild[re]n shall be deducted taken and allowed out of
491 his and her share of the sd trust monies stocks funds and securities not
492 withstanding his or her death before the same share shall become
493 absolutely vested in him or her And I do hereby authorise and empower
494 my sd exoors and trustees and the survivors and survivor of them and other the
495 trustee or trustees for the time being of my sd will to settle and adjust
496 all accounts which shall or may be open or expecting between me or my
497 estate and any person or persons or the estate of any person or persons and to re
498 ceive and pay the balance or balances which shall appear to be due and owing
499 to or from me or my estate and also if the sd Exors or the successor or successors of
500 them or the sd trustee or trustees shall so think fit to compound for any debt or
501 debts which may be due to me or to my estate and to accept and take such composi
502 tion for the same as they or he shall think advisable and on receipt of all
503 debts due and owing to me or my estate or any such composition for the same
504 as afsd to give such releases and discharges for the same as shall be proper
505 and also to submit any such accounts or debts as afsd to arbitration and to re
506 lease compound for or otherwise act in relation to the same as the arbi
507 trator or arbitrators shall arward and generally to manage and get in my sd
508 debts and all my testamentary estate and effects in such manner as they my
509 sd Executors or the survivors or survivor of them or the trustee or trus
510 tees for the time being of this my Will shall think most for the advantage
511 of the parties beneficially interested therein under the gifts and trusts herein
512 before contained provided always and my Will further is that the person
513 or persons whom it may concern to pay any money on the sale colec
514 tion or reversion of several or personal Estate or who have or hath or from time
515 to time shall or may have all or any part of my personal or testamenta
516 ry estate or any monies subject to this my Will in his her or their hands
517 or upon securities given or to be given by him her or them or whom it
518 may concern to pay any other monies forming part of my Estate resply
519 shall not be obliged or required to see to the application of disposition of
520 the same purchase trust or other money or any part thereof or the inter
521 est dividends and annual income thereof or of any part thereof after pay
522 ment of the same to the person or persons who for the time being shall
523 be the acting trustee or trustees under this my Will or be answerable or
524 accountable for the misapplication or nonapplication of the same mo
525 ney or any part thereof by him or them and that every receipt which
526 shall be given for the sd purchase trust or other monies or any part
527 thereof or the interest dividends and income of the same or any part
528 thereof by the person or persons who for the time being shall be the acting
529 trustee or trustees under this my Will shall be a good effectual and sufficient
530 acquittance and discharge for every sum therein acknowledged to be recei
531 ved provided also and my Will further is that in case each any or either of
532 them the sd John Stewart Duncan Gibb and Wm Blake or any trustee or
533 trustees to be appointed under this present provision or to come or succeed
534 their or either of their place shall die or be desirous of being discharged
535 of and from the afsd trusts or shall go or be about to go to reside beyond
536 Seas or shall neglect or refuse or become incapable to act in the sd trusts
537 before the sd trusts shall be fully executed and performed then and in that case
538 and as soon and as often as the same shall happen it shall be lawful for
539 my sd 4 sons or the survivors or survivor of them or the exor or admor
540 of the survivor of them or in case of his her or their default for 1 cal
541 endar month after being thereunto requested by the acting trustee or trus
542 tees for the time being or the last acting trustee under this my Will or
543 the exor or admor of such last acting trustee or in case there be not any
544 exor or admor of the survivor of my sd 4 sons then for the acting trustee
545 or trustees for the time being or the last acting trustee his exors or admors
546 to nominate any fit person or persons to supply the place of the trustee
547 or trustees respectively so dying desiring to be discharged or going or being
548 about to go to reside beyond Seas or refusing or neglecting or becoming
549 incapable to act as afsd and that immediately after every such appointment
550 the trust estate monies and efforts which under and by virtue of this my Will
551 shall be or have been vested in the tr[ust]ee or tr[ust]ees so dying desiring to be
552 discharged or going or being about to go to reside beyond Seas or refu
553 sing neglecting or become incapable to act as aforesaid and shall then
554 be subject to the trusts of this my Will shall be conveyed assigned and
555 transferred so and in such manner that the same may vest in such
556 in such new trustee or trustees solely or jointly with the surviving or con
557 tinuing trustee or trustees and in his her or their heirs exors admors and
558 assigns upon the trusts hereinbefore expressed and declared of and concerning
559 the same and that every such new trustee either before or after such convey
560 ance assignment or transfer shall be made or executed shall have and may
561 exercise the same powers privileges and authorities of approbation con
562 tent discretion and of giving effectual receipts maintenance advancement
563 and education and all other powers and authorities whats[oeve]r as if he had been
564 appointed a trustee by this my Will provided also and I further declare
565 that the sd several trustees and the trustees to be appointed by virtue of
566 the provision last hereinbefore contained respectively and their respective
567 heirs exors admors and assigns severally shall be charged and chargeable
568 only for such monies as they respectively shall actually receive by vir
569 tue of the trusts hereby created And notwithstand[in]g his or their or any of
570 their giving or signing or joining in giving or signing any receipt or
571 receipts for the sake of conformity and that any one or more of them
572 shall not be answerable or accountable for the other or others of them
573 or any or either of them for the acts receipts neglects or defaults of the other
574 or others of them but each of them only for his own respective acts re
575 ceipts neglects or defaults And that they or any of them shall not be
576 answerable or accountable for any Bank or Broker or other person within
577 whom or in whose hands any part of the sd trust monies shall or may
578 be deposited or lodged for safe custody or otherwise in the execution of
579 the trust hereinbefore contained and that they or any of them shall
580 not be answerable or accountable for the rise or fall in the price or val
581 ue of stocks or the insufficiency or deficiency in title or value of any secur
582 ity or securities stocks or funds in or upon which the sd trust monies or
583 any part thereof shall be placed out or invested nor for any other misfor
584 tune loss or damage which may happen in the execution of the aforesaid
585 trusts or in relacing thereto except the same shall happen by or through
586 his or their own wilful default resply and then and in the case each person
587 resply shall alone be answerable for such loss or damage as shall
588 arise from his or her own default and also that it shall be lawful for the sd
589 trustees herein named and such future trustees or trustees to be appoint
590 ed as aforesaid and every or any of them their and every of their heirs exors
591 admors and assigns by and out of the monies which shall come to their res
592 pective hands by virtue of the trusts afsd to deduct retain and reimburse
593 and for himself and themselves resply and also to allow to his and their Cotrustee all
594 costs charges damages expences and fees to counsel for advice which they
595 or any of them shall of may suffer sustain expend disburse lay out be
596 at or be put into in or about the execution of the afsd trust or in exec
597 ution thereunto and also that it shall be lawful for the sd trustee or
598 trustees for the time being in his her or their discretion to settle adjust
599 and allow the accounts of any trustee or trustees who shall die or be de
600 sirous of being discharged of and from the afsd trusts or who shall go or
601 be about to go to reside beyond Seas or shall neglect or refuse or become
602 incapable to act in the sd trusts and in whose place or stead a new trustee
603 or trustees shall be appointed as afsd and also to receive and give dischar
604 ges for the money which shall appear to be the balance of the same
605 accounts without any responsibility in the person or persons paying
606 the same money to see the application thereof or be answerable or
607 accountable for the misapplication or nonapplication of the same And
608 I hereby revoke every other will or testamentary disposition and declare
609 that this writing contains the whole of my last Will and Testament
610 In witness whereof I have to this my last Will and Testament
611 written on forty seven sheets of paper set my hand the twenty third day
612 of December one thousand eight hundred and forty six Geo Blake
613 Signed and declared by the said George Blake the Testator as and for
614 his last Will and Testament in the presence of us present at the same
615 time who in his presence at his request and in the presence of each other
616 have subscribed our names as witnesses hereto John Eden Solicitor
617 Liverpool Mary Leather
618 In the Consistory Court of Chester
619 In the Goods of George Blake deceased
620 The 21st day of January 1847
621 Appeared Personally John Eden of Liverpool
622 in the County of Lancaster Gentleman and Mary Leather of Toxteth
623 Park Spinster and being sworn upon the holy Gospels made oath as
624 follows and first the deponent John Eden for himself saith that he is one
625 of the subscribed witnesses to the last Will and Testament of George Blake
626 late of Toxteth Park near Liverpool Gentleman deceased bearing date the
627 twenty third day of December one thousand eight hundred and forty six
628 and hereto annexed that he was present on the said twenty third day of
629 December one thousand eight hundred and forty six and saw the said
630 George Blake duly execute the same as and for his last Will and Testa
631 ment by signing his name “Geo: Blake” at the foot or and thereof as it now
632 appears in the joint presence of this deponent and the said Mary Leather
633 the other subscribed Witness and this deponent and the said Mary Leather
634 did then in the presence of the said George Blake and of each other at the
635 same time act and subscribe their names as witnesses to the due execution
636 of the said Will as they now appear And this deponent the said
637 John Eden for himself further saith that with reference to the different al
638 terations obliterations interlineations and erasures appearing in the
639 said Will that the same was originally intended only as the draft of a
640 Will of the deceased and was prepared by this deponent as the Solicitor of
641 the deceased and executed by him the said deceased in manner aforesaid as
642 his will in consequence of his very advanced age and sinking state of
643 health and the possibility of his death before the same could be regularly
644 engressed for his execution and this deponent further saith that the said
645 George Blake actually did die without executing any Jugeossment or fair
646 or other Copy of his said Will whereby the said draft became his only last
647 Will and Testament And this deponent further saith that the several
648 alterations interlineations and erasures appearing in the said Will as
649 hereinafter mentioned that is to say The words “and premises” interlined the
650 word “named” struck through and the word “made” interlined also the
651 words “County of Gloucester” and the word “by” interlined in the first page
652 thereof The word “described” struck through and the word “directed” interlin
653 ed The words “2 Carriage and horses” struck through and the words “and
654 also my Carriage and horses with heir harness and stock of hay and corn” inter
655 lined and the words “equal” interlined and the words “On the day
656 of the day of the day of
657 and the day of in every” struck through and
658 the words “in every” interlined in the second page thereof The words “on
659 such of the sd days as shall happen” struck through and the words “at the end
660 of three months” interlined the word “no” struck through and the letter “a”
661 interlined the words “I also give unto him whatever balance may be found
662 to the debit of his account in my books at my decease” struck through also the words “possibly” struck through and
663 the word “conveniently” interlined in the third page thereof The word “that”
664 struck through and the word”shall” interlined the word “should” struck
665 through the word “described” struck through and the word “directed”
666 interlined the figures “£4000” struck through and the figures “£5000” interlined
667 the figures “£4000” struck through and the figures “£5000” interlined the
668 words “these presents” struck through and the words “the said fund inserted
669 in the sixth page thereof The figures “£4000” struck through and the figures
670 “£5000” interlined the word “so” interlined the figures “£4000” struck through
671 and the figures “£5000” interlined in the seventh page thereof The word and “for
672 such intents” struck through in the eighth page thereof the word “resting”
673 struck through and the word “acting” interlined the word “whereby”
674 struck through and the words “in Bankruptcy” interlined in the ninth
675 page thereof The word “continued” struck through and the word “continuance”
676 interlined in the tenth page thereof The words “or more” struck through in
677 the eleventh page thereof the words “more than” struck through in the
678 twelfth page thereof the words “the sd trustee or trustees shall stand possess
679 ed of” struck through The words “upon trust for such person or persons
680 for such intents and purposes and in such manner and form as the sd Margaret
681 Brown as well when cover as sole and notwithstanding her coverture by the
682 sd Hy Torrens Brown or any other husband and either before or after such
683 failure of the issue as afsd by her last Will and Testament or any writing in
684 the nature of or purporting to be her last Will and Testament or any Codi
685 cil or Codicils thereto to be resply signed by her” struck through on the thir
686 tenth page thereof The words “in the presence of and attested by 2 or more
687 credible witnesses shall direct and appoint and in default of and subject to such direc
688 tion or appointment as last aforesaid then the said £4000 £5000 or the
689 stocks funds securities and shares which may be appropriated for or invest
690 ed in the same and the dividends interest and income thereof or so much of the
691 same as may not be so appointed as afsd shall but subject to the said an
692 nuity of during its continuance” struck through the words “shall” inter
693 lined also the word “all” struck through and the word “or” interlined in the
694 fourteenth page thereof The words “as afsd” struck through and the words “or
695 upwards” interlined in the sixteenth page thereof The word “in” struck
696 through in the seventeenth page thereof The words “more than” struck through
697 and the word “only” interlined also the word “surviving” interlined in the
698 nineteenth page thereof The word “interest” struck through in the twentieth
699 page thereof The words “and in” struck through the word “such” struck thro
700 and the word “each” interlined in the twenty second page thereof The word
701 “has” struck through and the word” was” interlined in the twenty third
702 page thereof The figures “£4000” struck through and the figures “£5000”
703 interlined in the twenty fourth page thereof The word “William” struck
704 through in the twenty sixth page thereof The word “first” interlined in the
705 twenty seventh page thereof The words “and James Blake” and the words”
706 premises” interlined in the twenty eighth page thereof The words “or
707 Guarantees” interlined and the words “at Liverpool” struck through in the
708 twenty ninth page thereof the word “effects” struck through and the
709 word “assets” interlined the words “in substitution for such first mentioned
710 Guarantee” interlined the word “attest” struck through and the word
711 “extent” interlined in the thirtieth page thereof the word “estates” struck
712 through and the word “shares” interlined also the word “shall” struck
713 through in the thirty first page thereof the words “or” and “on” interlined
714 the word “dock” struck through the word “the” interlined the word “docks”
715 interlined the word “or” struck through and the word “and” interlined the
716 words “in the purchase of or and from” also interlined in the thirty fourth
717 page thereof The word “on” being struck through and the word “or” inter
718 lined the words “desiring it continued” struck through and the words “dur
719 ing its continuance” interlined in the thirty sixth page thereof The words
720 “ of his annut part or” interlined and “ten” part of the word Grandchildren
721 struck through in the thirty eighth page thereof The word “or” interlined
722 in the thirty ninth page thereof The words “to be” struck
723 through and the words “or the” interlined in the fortieth page thereof
724 The word “contrary” struck through in the forty first page thereof the word
725 “so” interlined in the forty third page thereof The word “neglects” interlined
726 in the forty fourth page thereof The word “wilful” interlined in the forty fifth
727 page thereof and the words “and every sheet of” struck through in the forty
728 seventh and last page thereof were all made obliterated written interlin
729 ed struck through and erased as they now appear in the course of drawing
730 out the said draft and reading the same over to the said Testator or by his
731 direction and previous to the execution of the same by the said Testator as
732 his Will in manner aforesaid and the said Will is now in the same state
733 as when executed by him as aforesaid And this deponent Mary Leather be
734 herself saith that being merely called up to see the said George Blake
735 sign the said Will and to attest his signature and her attention not being
736 at all directed to the said alterations she is entirely unable to depose to
737 them not having noticed the state of the said Will when executed as afore
738 said but she saith that the said Will was executed by the said George
739 Blake and attested by this deponent and the said John Eden in the
740 manner to which he hath deposed in all respects John Eden
741 Mary Leather Signed and sworn at Liverpool aforesaid by the
742 said deponents John Eden and Mary Leather the twenty first day of
743 January one thousand eight hundred and forty seven Before med
744 Thomas Nolan Surrogate
745 In the Consistory Court of Chester
746 In the Goods of George Blake deceased
747 The 20th day of January 1847
748 Appeared Personally John Eden of Liverpool in the
749 County of Lancaster Gentleman one of the subscribed Witnesses to the
750 last Will and Testament of George Blake late of Toxteth Park near
751 Liverpool in the County of Lancaster Gentleman deceased bearing date
752 the twenty third day of December 1846 and now remaining in the public
753 Episcopal Registry of Chester and being sworn upon the holy Gospels
754 made oath that he was employed by the said George Blake to prepare
755 the said Will as his Solicitor and that the same was written as it now
756 appears previous to its execution on forty eight sheets of draft paper
757 which have been number as 47 only in consequence of the mistake of
758 this deponents Clerk who numbered the two sheets following the first
759 with the number “2” as they now appear and that the said sheets
760 numbered respectively “2” formed a part of the said Will when executed
761 by the said Testator George Blake no alteration addition or substitution
762 being made of or to any of the sheets forming the said Will when executed
763 but two having been numbered alike soley through the inadventence
764 of this deponent’s Clerk as aforesaid John Eden Signed and him
765 sworn at Liverpool aforesaid the day and year aforesaid Before me
766 M W Falloon Surrogate
767 Proved at Chester in Common form of Law on the 30th day of
768 January 1847 by John Stewart Duncan Gibb and the Reverend
769 William Blake the Executors therein named the right of every
770 person being saved and time allowed to exhibit all Inventory
771 H Kaikes Registrar
772 Proved at London 17th Feb 1847 before the Judge by the oaths of
773 John Stewart Duncan Gibb and the Reverend William Blake Clerk
774 the son the Executors to whom Admon was granted having been first
775 sworn by Comon duly to administer
Labels:
Blake,
Eden,
Gibb,
Gibson,
Lancashire,
Lancashire Wills,
Leather,
Oughterson,
Stewart
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