Margaret Blake, the testator, was married to George Blake (will transcription published earlier today) but no marriage was found (Margaret’s maiden surname of Steele was 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 and her son George Blake Oughterson was born 22 Nov 1837 at Liverpool and baptized 21 Dec 1837 at Oldham Street Presbyterian, Liverpool.
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 Margaret Blake? Is she from Ireland originally (there is a soapworks attributed to her children (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.
Margaret names her sisters in this will Isabella Mary Jessie Sarah and Jane so it could be possible to look at Irish records in Dublin but would be a rather time consuming task. Being interested only in the Blake line for the one name study I will pass on that one!
Using the new GRO Index for searching, the death of Margaret Blake December quarter 183 in Liverpool at the age of 63 years was located. Given her age of 57 years in 1841, 63 years of age in 1853 is quite reasonable and likely the census record above is correct for this Margaret 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: 16 Jan 2017
Source: The National Archives, PROB 11/2181
Name of testator: Margaret Blake, widow
Place: Liverpool, Lancashire, England
Type of Record: Will
Dated 14 Oct 1853, probated 4 Dec 1853
[In margin] Margaret Blake 12
[top of page] Extracted from the Public Episcopal Registry of Chester
1 This is the Last Will and Testament of
2 me Margaret Blake of Liverpool in the County of Lancaster widow I
3 first direct payment of my debts funeral and testamentary expences I bequeath
4 to each of my domestic servants Elizabeth Bruce and Elizabeth Rows the sum
5 of five pounds I bequeath to each of my sisters Isabella Mary Jessie Sarah
6 Jane and to my kind friends Mary Murray and Mary Raze an article of
7 Jewellery as a token of my remembrance I bequeath to my daughter Margaret
8 Brown the contents of my wardrobe and wearing Apparel all articles belonging to
9 my late daughter Isabella the remainder of my jewellery my Epergne the
10 looking glass in my drawing room and the Royal glass in my bedroom I
11 bequeath to my son George such of the Family portraits as he may desire and
12 direct that the remainder of them shall be at the disposal of my executor
13 also to my son George his late Father’s watch I bequeath to my daughter
14 in law Anne Blake my Silver Tea Urn and six Silver salt Cellars and to my
15 son James I give the following books Johnsons Works, Davis Dictionary
16 Illustrated work on Botany and the Illustrated Shakespeere I bequeath
17 to my son William my bookcase and my wardrobe my large sized Tea
18 Coffee Pots the remainder of my books the stock of Wines, Spirits and malt liquor
19 existing in my Wine Cellar and I confirm my gift to him during my life of
20 £400 and request him to accept it in lieu of a disposition in his favour by this
21 my Will I bequeath to my Grandson George Blake Oughterson the sum of
22 £100 one hundred pounds and direct that his receipt shall be a sufficient
23 discharge to my executor I direct that my bed linen Silver and plates
24 shall be divided equally between my children George James William and
25 Margaret and that with respect to those Sketches that are indivisible my
26 executor shall cause a valuation to be made of them and that anyone of
27 my Children shall have the opportunity of purchasing such Article at their
28 valuation and that the purchase money shall lapse into the residue of my
29 estate and I direct that should any of my children desire any Article of
30 furniture he or she may have the opportunity of obtaining it on this prin
31 ciple After these dispositions are effected I direct my executor to cause all
32 remaining Articles of furniture and property of every occupation to be sold
33 and converted into money all debts due to me to be seized the balance of
34 the legacy due to me under my late husbands Will to be received and to
35 make a final disposition of my property by dividing the sum appearing to
36 bring to my estate into four equal parts one fourth part is to be paid
37 to my son George, two such fourth parts are to be paid to my son James
38 Blake and one remaining fourth part to my daughter Margaret Browne
39 to be for her own sole use and disposal and free from the control of her husband
40 and the receipt of my daughter shall be a sufficient discharge to my executor
41 I nominate and appoint James Blake my son to be sole Executor of this
42 my Will which I make and publish this fourteenth October 1853
43 Margaret Blake In witness whereof I have hereunto set my hand and
44 seal the day and year above written in the presence of Hy T Brown
45 Bicker Liverpool Elizabeth Bruce
46 In the Consistory Court of Chester
47 In the Goods of Margaret Blake deceased
48 the twenty second day of November 1853
49 Appeared Personally Henry Torrens Browne
50 of Liverpool in the County of Lancaster Broker Elizabeth Bruce of No 23
51 Fleet Street Liverpool aforesaid Spinster and James Blake of Mount Plea
52 sant Liverpool aforesaid Son and Manufacturer and being sworn upon the
53 holy Gospels made oath as follows And first these deponents Henry Torrens
54 Browne and Elizabeth Bruce for themselves say that they are the subscribed
55 witnesses to the last Will and Testament of Margaret Blake late of Liverpool
56 aforesaid Widow deceased bearing date the fourteenth day of October 1853 and
57 hereto annexed that they were present on the said fourteenth day of October
58 and saw the said Margaret Blake deceased duly execute the same as and for
59 her last will and Testament by signing her name Margaret Blake at the
60 foot or end thereof as it now appears and these deponents did then in the
61 presence of the said Testatrix and each other set and subscribe their names
62 thereto as witnesses as they now appear And they further made oath that
63 having now carefully viewed the said will they are unable to depose whether
64 the words written on erazures in the seventh line from the top of the first
65 page of the said Will that is to say the words “Elizabeth” and “five” were
66 written or not previous to the execution thereof and this deponent James
67 Blake for himself saith that he is one of the executors appointed by the said
68 Will and the writer thereof and that the words “Elizabeth” and “five” written on
69 the erazures deposed to were so written by him previous to the execution of
70 the said Will exactly as they now appear and that no alteration whatever has
71 been made in the said Will since the execution thereof H T Browne
72 Elizabeth Bruce James Blake Sworn at Liverpool by the said Henry
73 Torrens Browne Elizabeth Bruce and James Blake the day and year aforesaid
74 Before me H Pollock Surrogate
75 On the twenty fifth day of November one thousand eight hundred and fifty
76 three the Will of Margaret Blake late of Liverpool in the County of Lancaster
77 Widow deceased was Proved at Chester in common form of Law by James
78 Blake the sole Executor of this my Will The right of every person being
79 saved and time allowed to exhibit an inventory H Raikes Registrar
80 Proved at London 4th December 1853 before the Judge by the Oath of
81 James Blake the son the sole Executor to whom Admon was granted having
82 been first sworn by Comon duly to Administer
Showing posts with label Lancashire Wills. Show all posts
Showing posts with label Lancashire Wills. Show all posts
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
Friday, January 13, 2017
Will of Francis Blake, Liverpool, Lancashire - The National Archives PROB 11/1006, probated 7 Apr 1775
Francis Blake would appear to be originally from County Mayo Ireland. The Galway Blake family certainly lived in Mayo as well. However a search through the Francis Blake’s in Martin Blake’s extensive history of the Blake family does not permit me to isolate this particular Blake line to one in which Francis is one of the children.
Francis Blake mentions his brother John Blake, gentleman, his sisters Mary Rush and Ellis Concanon and his nieces and nephews, children of his sisters. The nephews have the names Thomas Rush, Peter Concanon and Thomas Concanon. The Thomas is suspicious and perhaps the name of their father. Thomas is unfortunately a very common forename in the Galway Blake family.
I checked the census in Liverpool but the first is not until 1841 and it is unknown if the family actually moved to Liverpool (the Concanon family).
Checking Irish records for a marriage between Mary Blake and Rush or Ellis Blake and Concanon was also not helpful.
There actually was a marriage to an unknown Rush by an unknown daughter of Mark Blake and Mary Browne in the right time frame but no further information in Martin Blake's history of the Blake Family of Galway. Mark Blake and Mary Browne actually did have a son John who died about 1786 and the second unknown sister married John Concannon. But no Francis is listed! Another son Mark Blake died in 1783 and is not mentioned in the will. He married his cousin Mary Blake daughter of Maurice Blake and Sibilla French. Is it possible that this is the line for Francis Blake? Interesting to find that two unknown daughters married into the Rush family and the Concannon family! No Thomas though in this family line going back a couple of generations.
The Mark Blake/Mary Browne family lived first at Rusheen, Co Mayo and afterwards at Ballinafad (Galway). John Blake, son of Mark Blake, became a Dominican Frair at the Abbey of Strade and after titular Prior of the Abbey of Rathfran, Co Mayo. One might think Francis would have made note if this was his brother John.
I will leave these thoughts with the reader!
Transcriber: Elizabeth Kipp
Recorded: 13 Jan 2017
Source: The National Archives, PROB 11/1006
Name of testator: Francis Blake
Place: Liverpool, Lancashire, England
Type of Record: Will
Dated 26 Jul 1774, probated 7 Apr 1775
Read: Electronic file images
[In margin] Francis Blake
1 The Last Will and Testament
2 of me Francis Blake of Liverpool in the County of Lancaster
3 Merchant by me made and duly published this twenty Sixth
4 day of July in the Year of our Lord One thousand Seven hundred
5 and Seventy four in the following manner First I order and
6 direct all my just debts Funeral Expences and the charge of
7 proving this my Bill to be paid out of my Real and
8 Personal Estate Item I give and bequeath unto my Executors
9 herein after named the Sum of three hundred pounds of lawful
10 Money of Great Britain to be by them received and put out
11 to Interest on such Securities as they in their discretion shall
12 think good and sufficient for the insufficiency or loss of which
13 they my said Executors shall not be answerable or accountable
14 provided the same be not through their wilful neglect or
15 default Upon Trust that they my said executors or the Survivors
16 or Survivor of them do and shall pay unto my Sister Mary
17 Rush of the County of Mayo in the Kingdom of Ireland
18 Widow the Yearly interest product and profits of the said
19 Sum of three hundred pounds during her life and after the
20 death and decease of my said Sister Mary Rush then my
21 Will and mind is that the said principal Sum of three hundred
22 pounds and the Interest produce and profits thereof shall be
23 paid to and received by my Nephew Thomas Rush Son of
24 my said Sister Mary Rush his executors administrators or
25 Assigns Item I give and bequeath unto my Executors Mathias
26 Holme of Liverpool aforesaid Merchant Jacob Nelson of the
27 same place Mariner and Charles Brown of Mold in the
28 County of Flint Esquire the Sum of two hundred pounds of
29 lawful Money of Great Britain to be by them received and
30 put out to Interest on such Securities as they in their discretion
31 shall think good and Sufficient (for the insufficiency or loss
32 of which they my said Executors shall not be answerable
33 or accountable provided the same be not through their wilful
34 neglect or default) Upon Trust that they my said Executors
35 or the Survivors or Survivor of them do and shall pay unto
36 my Brother John Blake of the County of Mayo aforesaid
37 Gentleman the yearly Interest produce and Profits of the
38 said Sum of two hundred pounds during his life and after
39 the death and decease of my Brother John Blake then my
40 Will and Mind is that the said Principal Sum of two hundred
41 Pounds and the Interest produce and profits thereof shall be
42 paid to received by and equally divided between my Sister
43 Ellis Concanon of Minola in the said County of Mayo
44 Widow Peter Concanon Thomas Concanon and Margaret
45 Concanon Sons and Daughter of the said Ellis Concanon and
46 their several Executors Administrators or Assigns as Tenants
47 in Common and not as joint Tenants Item I
48 give devise and bequeath unto my Executors herein after
49 named their heirs Executors Administrators and Assigns All
50 and Singular my Messuages Dwelling houses and Tenements
51 wheresoever situate lying and being And also all and Singular
52 my household Goods Plate Linnen China and other Furniture
53 of household Upon Trust to permit and Suffer my said
54 Sister Ellis Concanon and the said Peter Concanon Thomas
55 Concanon and Margaret Concanon to have hold use occupy
56 and possess and enjoy the same And the Rents Issues and
57 Profits thereof and of every part thereof to receive and take
58 to their own Use as Tenants in Common and not as joint
59 Tenants until my said Nephew Thomas Concanon shall
60 arrive to the Age of twenty one Years and from and after
61 his Arrival to that Age Upon Trust to permit and Suffer
62 the said Margaret Concanon to have hold use occupy
63 possess and enjoy and the Rents Issues and Profits of the said
64 several Messuages dwelling houses and Tenements household
65 Goods Plate Linnen China and other Furniture of household
66 to receive and take to and for the only proper use and behoof
67 of her the said Margaret Concanon the heirs Executors
68 Administrators and Assigns for ever or for and during such
69 Estate Term and Interest as I now or shall or may at any
70 time hereafter have therein Item I give and bequeath to my
71 said Executors the Sum of three hundred pounds to be by
72 them received and put out to Interest on such Securities as
73 they in their discretion shall think good (for the insufficiency
74 of loss of which they my said Executors shall not be
75 answerable or accountable provided the same be not through
76 their wilful neglect or default Upon Trust that they my said
77 Executors or the Survivors or Survivor of them do and shall
78 pay unto my said Sister Ellis Concanon the Yearly Interest
79 produce and profits of the said Sum of three hundred pounds
80 during her life in case she does not chuse to come over to
81 Liverpool to reside in my Dwellinghouse and Use and
82 enjoy my household Furniture as herein before is provided
83 But in case my said Sister Ellis Concanon shall chuse
84 to accept of my said house and household Furniture
85 as herein before is provided then and in such case this bequest
86 and the Trust here by created shall cease determine and be
87 utterly void to all Intents and purposes I also give
88 and bequeath unto James Nelson and [blank] Williams
89 of Edmond Street in Liverpool the Sum of fifty pounds to be
90 paid to them by my said Executors out of the first Effects
91 belonging to me which shall be remitted from the Island
92 of Jamaica after my decease to be by them applied and
93 disposed of so soon as may be convenient after Receipt
94 thereof to and for the Use and benefit of and amongst such
95 poor and distressed housekeepers and other poor persons in
96 Liverpool and in such manner as they in their discretion
97 shall think proper It is also my desire that my said
98 Executors do give to my Servant Woman Mary Watt in case
99 she be living with me at this time of my decease the Sum
100 of four Pounds four shillings per annum so long as she shall
101 continue a Servant to my said Sister Ellis Concanon after
102 my decease and in case my said Servant shall not chuse to
103 serve my said Sister or otherwise to dispose of herself in life
104 than I desire my said Executors to pay to the said Mary
105 Watt the Sum of three pounds three shillings Yearly during
106 the Term of her natural life Item I give and bequeath unto
107 my said Executors herein after named the Sum of four
108 hundred pounds of lawful Money of Great Britain to be
109 by them received and put out to Interest on such Securities
110 as they in their discretion shall think good and Sufficient for
111 the insufficiency or loss of which they my said Executors
112 shall not be answerable or accountable provided the same
113 be not through their wilful Neglect or default Upon Trust
114 that they my said Executors of the Survivors or Survivor
115 of them do and shall pay apply and dispose of the Interest
116 Produce and Profits of the said Sum of four hundred pounds
117 to and for the Maintenance Education and bringing up of my
118 said Niece Margaret Concanon until she shall attain her
119 said Age of twenty one Years and from and after the said
120 Margaret Concanon’s attainment to her said Age of twenty
121 one Years then my Will and mind is that the said Principal
122 Sum of four hundred pounds and the Interest Produce and
123 Profits thereof shall be paid to and received by my said
124 Niece Margaret Concanon her Executors Administrators or
125 Assigns Item I give and bequeath unto each of my
126 Executors herein after named the Sum of five pounds of
127 lawful Money of Great Britain And as for and concerning
128 all the Rest Residue and Remainder of my Estates both Real
129 and person and of what nature and kind soever and where
130 soever situate and being not herein before disposed of I give
131 devise and bequeath the same and every part thereof unto
132 my said Nephews Peter Concanon and Thomas Concanon
133 their heirs Executors Administrators and Assigns for ever
134 or for and during such Estate and Interest as I may have
135 therein as Tenants in Common and not as joint Tenants
136 and it is my Will and mind that my Executors Mathias
137 Holme and Jacob Nelson shall put my said two Nephews
138 Peter and Thomas Concanon out as apprentices to go to
139 the Sea in the West India Trade and not to the African
140 trade if my said Nephews shall agree and approve thereof
141 And Lastly I do hereby nominate constitute and appoint
142 the said Mathias Holme Jacob Nelson John Blake and
143 Charles Brown Executors of this my last Will and Testament
144 hereby revoking and making void all former and other Will
145 and Wills by me at any time heretofore In Witness whereof
146 I have hereunto put my hand and Seal and published and
147 declared these presents to be my last Will and Testament
148 the day and Year first before written Francis Blake
149 Signed Sealed published and declared by the said Testator
150 Francis Blake as and for his last Will and Testament in the
151 presence of us who at his Request and in his Presence
152 have our Names hereunto Subscribed as Witnesses Eliz Stuart
153 Moses Layton Thos Orrell
154 Appeared Personally Moses Layton of
155 Liverpool in the County of Lancaster Gentleman and being
156 sworn on the Holy Gospels made Oath that he knew Francis
157 Blake late of Liverpool aforesaid Merchant deceased for
158 upwards of ten years next before and to the time of his
159 death which happened as he hath been informed and believed
160 on the twelfth day of September in the year of our Lord One
161 thousand seven hundred and seventy four and this Deponent
162 saith that he was desired to attend the said Francis Blake
163 in order to take Instructions for altering of a Will which
164 he had made some short time before his death wherein he had
165 appointed William Tatlock of Liverpool aforesaid Beer Beror
166 one of his Executors that he desired that the said William
167 Tatlock might be left out and that Jacob Nelson of
168 Liverpool Mariner might be named an Executor in his
169 Room but through a Mistake in the Clerk who made
170 the latter Will which was wrote from the former with
171 the Alterations both the Names of William Tatlock and
172 Jacob Nelson were inserted together with the other persons
173 therein named and appointed Executors that this deponent
174 on the day of the date of the Execution of the said Will
175 attended the said Francis Blake the Testator to see him
176 execute the same and upon reading over the same to him
177 he objected to the said William Tatlock being one of
178 his Executors therefore this deponent at his Request
179 erased out the Name of the said William Tatlock before
180 he executed the said Will and this deponent further saith
181 that the Will hereunto annexed beginning thus “The last
182 Will and Testament of me Francis Blake of Liverpool
183 in the County of Lancaster Merchant” and end thus “In
184 Witness whereof I have hereunto put my hand and Seal
185 and published and declared these presents to be my last
186 Will and Testament the day and Year first before written
187 and thus Subscribed “Francis Blake” is in every Respect in
188 the same Plight and Condition as when the same was
189 executed particularly having words “and from and after
190 his arrival to that age” interlined between the fifth and
191 sixth lines of the second side of the said Will reckoning from
192 the Top thereof Also having the Words “use and” interlined
193 between the twenty Second and twenty third lines of the said
194 second side of the said Will reckoning as before Also having
195 the names “Jacob Nelson” written on an erasure in the twenty
196 fourth line of the third being the last Side of the said Will
197 reckoning as before And also having an Erazure in the twenty
198 eight line of the said third Side reckoning as before the said
199 Erazure beginning after the Word or name “Holme” and
200 continuing to the Word or Name “Jacob” in the said twenty
201 eight line All which he declares to be true by virtue of
202 his Oath, Moses Layton, On the seventeenth day of
203 March One thousand Seven hundred
204 and Seventy five the said Moses Layton was Sworn to the
205 Oath of the aforegoing Affidavid before me, John Lever
206 This Will was proved at London on the seventh
207 day of April in the Year of our Lord One thousand seven
208 hundred and Seventy five before the Right Worshipful Sir
209 George Hay Knight doctor of Laws Master Keeper or
210 Commissary of the Prerogative Court of Canterbury
211 lawfully constituted by the Oaths of Matthias Holme
212 Jacob Nelson and Charles Brown three of the Executors
213 named in the said Will to whom Administration was
214 granted of all and Singular the Goods Chattels and Credits
215 of the deceased being first Sworn by Commission duly to
216 Administer power reserved of making the like grant to John
217 Blake the other Executor named in the said Will when he
218 shall apply for the same
Francis Blake mentions his brother John Blake, gentleman, his sisters Mary Rush and Ellis Concanon and his nieces and nephews, children of his sisters. The nephews have the names Thomas Rush, Peter Concanon and Thomas Concanon. The Thomas is suspicious and perhaps the name of their father. Thomas is unfortunately a very common forename in the Galway Blake family.
I checked the census in Liverpool but the first is not until 1841 and it is unknown if the family actually moved to Liverpool (the Concanon family).
Checking Irish records for a marriage between Mary Blake and Rush or Ellis Blake and Concanon was also not helpful.
There actually was a marriage to an unknown Rush by an unknown daughter of Mark Blake and Mary Browne in the right time frame but no further information in Martin Blake's history of the Blake Family of Galway. Mark Blake and Mary Browne actually did have a son John who died about 1786 and the second unknown sister married John Concannon. But no Francis is listed! Another son Mark Blake died in 1783 and is not mentioned in the will. He married his cousin Mary Blake daughter of Maurice Blake and Sibilla French. Is it possible that this is the line for Francis Blake? Interesting to find that two unknown daughters married into the Rush family and the Concannon family! No Thomas though in this family line going back a couple of generations.
The Mark Blake/Mary Browne family lived first at Rusheen, Co Mayo and afterwards at Ballinafad (Galway). John Blake, son of Mark Blake, became a Dominican Frair at the Abbey of Strade and after titular Prior of the Abbey of Rathfran, Co Mayo. One might think Francis would have made note if this was his brother John.
I will leave these thoughts with the reader!
Transcriber: Elizabeth Kipp
Recorded: 13 Jan 2017
Source: The National Archives, PROB 11/1006
Name of testator: Francis Blake
Place: Liverpool, Lancashire, England
Type of Record: Will
Dated 26 Jul 1774, probated 7 Apr 1775
Read: Electronic file images
[In margin] Francis Blake
1 The Last Will and Testament
2 of me Francis Blake of Liverpool in the County of Lancaster
3 Merchant by me made and duly published this twenty Sixth
4 day of July in the Year of our Lord One thousand Seven hundred
5 and Seventy four in the following manner First I order and
6 direct all my just debts Funeral Expences and the charge of
7 proving this my Bill to be paid out of my Real and
8 Personal Estate Item I give and bequeath unto my Executors
9 herein after named the Sum of three hundred pounds of lawful
10 Money of Great Britain to be by them received and put out
11 to Interest on such Securities as they in their discretion shall
12 think good and sufficient for the insufficiency or loss of which
13 they my said Executors shall not be answerable or accountable
14 provided the same be not through their wilful neglect or
15 default Upon Trust that they my said executors or the Survivors
16 or Survivor of them do and shall pay unto my Sister Mary
17 Rush of the County of Mayo in the Kingdom of Ireland
18 Widow the Yearly interest product and profits of the said
19 Sum of three hundred pounds during her life and after the
20 death and decease of my said Sister Mary Rush then my
21 Will and mind is that the said principal Sum of three hundred
22 pounds and the Interest produce and profits thereof shall be
23 paid to and received by my Nephew Thomas Rush Son of
24 my said Sister Mary Rush his executors administrators or
25 Assigns Item I give and bequeath unto my Executors Mathias
26 Holme of Liverpool aforesaid Merchant Jacob Nelson of the
27 same place Mariner and Charles Brown of Mold in the
28 County of Flint Esquire the Sum of two hundred pounds of
29 lawful Money of Great Britain to be by them received and
30 put out to Interest on such Securities as they in their discretion
31 shall think good and Sufficient (for the insufficiency or loss
32 of which they my said Executors shall not be answerable
33 or accountable provided the same be not through their wilful
34 neglect or default) Upon Trust that they my said Executors
35 or the Survivors or Survivor of them do and shall pay unto
36 my Brother John Blake of the County of Mayo aforesaid
37 Gentleman the yearly Interest produce and Profits of the
38 said Sum of two hundred pounds during his life and after
39 the death and decease of my Brother John Blake then my
40 Will and Mind is that the said Principal Sum of two hundred
41 Pounds and the Interest produce and profits thereof shall be
42 paid to received by and equally divided between my Sister
43 Ellis Concanon of Minola in the said County of Mayo
44 Widow Peter Concanon Thomas Concanon and Margaret
45 Concanon Sons and Daughter of the said Ellis Concanon and
46 their several Executors Administrators or Assigns as Tenants
47 in Common and not as joint Tenants Item I
48 give devise and bequeath unto my Executors herein after
49 named their heirs Executors Administrators and Assigns All
50 and Singular my Messuages Dwelling houses and Tenements
51 wheresoever situate lying and being And also all and Singular
52 my household Goods Plate Linnen China and other Furniture
53 of household Upon Trust to permit and Suffer my said
54 Sister Ellis Concanon and the said Peter Concanon Thomas
55 Concanon and Margaret Concanon to have hold use occupy
56 and possess and enjoy the same And the Rents Issues and
57 Profits thereof and of every part thereof to receive and take
58 to their own Use as Tenants in Common and not as joint
59 Tenants until my said Nephew Thomas Concanon shall
60 arrive to the Age of twenty one Years and from and after
61 his Arrival to that Age Upon Trust to permit and Suffer
62 the said Margaret Concanon to have hold use occupy
63 possess and enjoy and the Rents Issues and Profits of the said
64 several Messuages dwelling houses and Tenements household
65 Goods Plate Linnen China and other Furniture of household
66 to receive and take to and for the only proper use and behoof
67 of her the said Margaret Concanon the heirs Executors
68 Administrators and Assigns for ever or for and during such
69 Estate Term and Interest as I now or shall or may at any
70 time hereafter have therein Item I give and bequeath to my
71 said Executors the Sum of three hundred pounds to be by
72 them received and put out to Interest on such Securities as
73 they in their discretion shall think good (for the insufficiency
74 of loss of which they my said Executors shall not be
75 answerable or accountable provided the same be not through
76 their wilful neglect or default Upon Trust that they my said
77 Executors or the Survivors or Survivor of them do and shall
78 pay unto my said Sister Ellis Concanon the Yearly Interest
79 produce and profits of the said Sum of three hundred pounds
80 during her life in case she does not chuse to come over to
81 Liverpool to reside in my Dwellinghouse and Use and
82 enjoy my household Furniture as herein before is provided
83 But in case my said Sister Ellis Concanon shall chuse
84 to accept of my said house and household Furniture
85 as herein before is provided then and in such case this bequest
86 and the Trust here by created shall cease determine and be
87 utterly void to all Intents and purposes I also give
88 and bequeath unto James Nelson and [blank] Williams
89 of Edmond Street in Liverpool the Sum of fifty pounds to be
90 paid to them by my said Executors out of the first Effects
91 belonging to me which shall be remitted from the Island
92 of Jamaica after my decease to be by them applied and
93 disposed of so soon as may be convenient after Receipt
94 thereof to and for the Use and benefit of and amongst such
95 poor and distressed housekeepers and other poor persons in
96 Liverpool and in such manner as they in their discretion
97 shall think proper It is also my desire that my said
98 Executors do give to my Servant Woman Mary Watt in case
99 she be living with me at this time of my decease the Sum
100 of four Pounds four shillings per annum so long as she shall
101 continue a Servant to my said Sister Ellis Concanon after
102 my decease and in case my said Servant shall not chuse to
103 serve my said Sister or otherwise to dispose of herself in life
104 than I desire my said Executors to pay to the said Mary
105 Watt the Sum of three pounds three shillings Yearly during
106 the Term of her natural life Item I give and bequeath unto
107 my said Executors herein after named the Sum of four
108 hundred pounds of lawful Money of Great Britain to be
109 by them received and put out to Interest on such Securities
110 as they in their discretion shall think good and Sufficient for
111 the insufficiency or loss of which they my said Executors
112 shall not be answerable or accountable provided the same
113 be not through their wilful Neglect or default Upon Trust
114 that they my said Executors of the Survivors or Survivor
115 of them do and shall pay apply and dispose of the Interest
116 Produce and Profits of the said Sum of four hundred pounds
117 to and for the Maintenance Education and bringing up of my
118 said Niece Margaret Concanon until she shall attain her
119 said Age of twenty one Years and from and after the said
120 Margaret Concanon’s attainment to her said Age of twenty
121 one Years then my Will and mind is that the said Principal
122 Sum of four hundred pounds and the Interest Produce and
123 Profits thereof shall be paid to and received by my said
124 Niece Margaret Concanon her Executors Administrators or
125 Assigns Item I give and bequeath unto each of my
126 Executors herein after named the Sum of five pounds of
127 lawful Money of Great Britain And as for and concerning
128 all the Rest Residue and Remainder of my Estates both Real
129 and person and of what nature and kind soever and where
130 soever situate and being not herein before disposed of I give
131 devise and bequeath the same and every part thereof unto
132 my said Nephews Peter Concanon and Thomas Concanon
133 their heirs Executors Administrators and Assigns for ever
134 or for and during such Estate and Interest as I may have
135 therein as Tenants in Common and not as joint Tenants
136 and it is my Will and mind that my Executors Mathias
137 Holme and Jacob Nelson shall put my said two Nephews
138 Peter and Thomas Concanon out as apprentices to go to
139 the Sea in the West India Trade and not to the African
140 trade if my said Nephews shall agree and approve thereof
141 And Lastly I do hereby nominate constitute and appoint
142 the said Mathias Holme Jacob Nelson John Blake and
143 Charles Brown Executors of this my last Will and Testament
144 hereby revoking and making void all former and other Will
145 and Wills by me at any time heretofore In Witness whereof
146 I have hereunto put my hand and Seal and published and
147 declared these presents to be my last Will and Testament
148 the day and Year first before written Francis Blake
149 Signed Sealed published and declared by the said Testator
150 Francis Blake as and for his last Will and Testament in the
151 presence of us who at his Request and in his Presence
152 have our Names hereunto Subscribed as Witnesses Eliz Stuart
153 Moses Layton Thos Orrell
154 Appeared Personally Moses Layton of
155 Liverpool in the County of Lancaster Gentleman and being
156 sworn on the Holy Gospels made Oath that he knew Francis
157 Blake late of Liverpool aforesaid Merchant deceased for
158 upwards of ten years next before and to the time of his
159 death which happened as he hath been informed and believed
160 on the twelfth day of September in the year of our Lord One
161 thousand seven hundred and seventy four and this Deponent
162 saith that he was desired to attend the said Francis Blake
163 in order to take Instructions for altering of a Will which
164 he had made some short time before his death wherein he had
165 appointed William Tatlock of Liverpool aforesaid Beer Beror
166 one of his Executors that he desired that the said William
167 Tatlock might be left out and that Jacob Nelson of
168 Liverpool Mariner might be named an Executor in his
169 Room but through a Mistake in the Clerk who made
170 the latter Will which was wrote from the former with
171 the Alterations both the Names of William Tatlock and
172 Jacob Nelson were inserted together with the other persons
173 therein named and appointed Executors that this deponent
174 on the day of the date of the Execution of the said Will
175 attended the said Francis Blake the Testator to see him
176 execute the same and upon reading over the same to him
177 he objected to the said William Tatlock being one of
178 his Executors therefore this deponent at his Request
179 erased out the Name of the said William Tatlock before
180 he executed the said Will and this deponent further saith
181 that the Will hereunto annexed beginning thus “The last
182 Will and Testament of me Francis Blake of Liverpool
183 in the County of Lancaster Merchant” and end thus “In
184 Witness whereof I have hereunto put my hand and Seal
185 and published and declared these presents to be my last
186 Will and Testament the day and Year first before written
187 and thus Subscribed “Francis Blake” is in every Respect in
188 the same Plight and Condition as when the same was
189 executed particularly having words “and from and after
190 his arrival to that age” interlined between the fifth and
191 sixth lines of the second side of the said Will reckoning from
192 the Top thereof Also having the Words “use and” interlined
193 between the twenty Second and twenty third lines of the said
194 second side of the said Will reckoning as before Also having
195 the names “Jacob Nelson” written on an erasure in the twenty
196 fourth line of the third being the last Side of the said Will
197 reckoning as before And also having an Erazure in the twenty
198 eight line of the said third Side reckoning as before the said
199 Erazure beginning after the Word or name “Holme” and
200 continuing to the Word or Name “Jacob” in the said twenty
201 eight line All which he declares to be true by virtue of
202 his Oath, Moses Layton, On the seventeenth day of
203 March One thousand Seven hundred
204 and Seventy five the said Moses Layton was Sworn to the
205 Oath of the aforegoing Affidavid before me, John Lever
206 This Will was proved at London on the seventh
207 day of April in the Year of our Lord One thousand seven
208 hundred and Seventy five before the Right Worshipful Sir
209 George Hay Knight doctor of Laws Master Keeper or
210 Commissary of the Prerogative Court of Canterbury
211 lawfully constituted by the Oaths of Matthias Holme
212 Jacob Nelson and Charles Brown three of the Executors
213 named in the said Will to whom Administration was
214 granted of all and Singular the Goods Chattels and Credits
215 of the deceased being first Sworn by Commission duly to
216 Administer power reserved of making the like grant to John
217 Blake the other Executor named in the said Will when he
218 shall apply for the same
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