Will of John Blake, Farmer, Upcott, Withington, Gloucestershire - Diocese of Bristol Wills on Ancestry, probated 5 Jul 1810

The testator is John Blake farmer at Upcott in the parish of Withington. He names his sons William, the eldest, and John. He has a grandson John son of John.

Where does this family fit into the Gloucestershire Blake families?

Transcriber: Elizabeth Kipp
Recorded: 13 Aug 2014
Source: Ancestry – Diocese of Bristol Wills
Testator:  John Blake, Farmer
Place: Upcott, Withington, Gloucestershire, England
Type of Record: Probate
Date of document: 4 Nov 1808; probated 5 Jul 1810
Condition: 19th century English, legible copy

1    This is the last Will and Testament
2    of me John Blake of Upcott in the parish of Withington in
3    the County of Gloucester Farmer which I hereby make publish
4    and declare in manner following, that is to say, I give and
5    devise All that my freehold Messuage or Tenement Outhouses
6    buildings Garden Hereditaments and Premises with the
7    appurtenances thereto belonging situate lying and being in
8    Withington aforesaid and which I purchased of Michael
9    Holiday unto my Son John Blake for and during the
10    Term of his natural life And from and immediately
11    after his Decease I give and devise the same unto his
12    Son and my Grandson John Blake his Heirs and assigns
13    But in case of the death of my said Grandson in the
14    life time of his said Father then I give and devise the
15    same unto the next Son of my said Son John Blake his
16    Heirs and Assigns and so on to the Sons of my said Son
17    John Blake in Priority of Birth and Seniority of Age
18    And that in case of no male Issue I give and devise
19    the same to the eldest Daughter of my said Son John
20    Blake her Heirs and Assigns and son on to the female
21    Branch of his Family and in case of no Issue him
22    surviving I give and devise the same freehold property
23    unto my right Heirs and Assigns for ever And my
24    Will and Meaning is and I direct the same may be
25    observed and taken as this my Disposition that in case
26    my said Son John Blake shall at any time after my
27    decease sell transfer mortgage or in any other way
28    or method dispose of the said freehold property or
29    any part thereof That then I give and devise the
30    same unto my eldest son William Blake for and
31    during the Term of his natural life and that my
32    said Son John Blake shall be considered and he is
33    by this my Will forfeited by any such Sale transfer
34    mortgage or Disposition all his Right Title and
    [Page 2]
35    Interest to such my said freehold property as given to him
36    for life as aforesaid And as to all the rest and residue
37    of my freehold and also of my personal property I give
38    devise and bequeath unto my eldest Son William
39    Blake To Hold to him my said Son William Blake
40    his Heirs Executors Administrators and Assigns for ever
41    And I hereby revoke and make void all other Wills
42    by me heretofore made and declare this to be
43    my last Will and Testament and to the same I
44    nominate constitute and appoint my said Son
45    William Blake sole Executor In Testimony whereof
46    I have hereunto set my hand and Seal this fourth
47    day of November in the year of our Lord one
48    thousand eight hundred and eight
49    John Blake’s X mark
50    Signed Sealed Published and
51    declared by the said Testator John
52    Blake as and for his last Will
53    and Testament in the presence   
54    of us who in his presence   
55    at his Request and in the presence
56    of each other have hereto
57    subscribed our Names as Witnesses
58    Witnesses
60    Richard Poole
61    Mary Poole’s X mark
62    William Belcher’s X mark
63    5 July 1810
64    The above named William Blake
65    the Executor was duly sworn before
66    me
67    Under £25
68    Tho: Rudge Sur:

Will of Roger Blake, Apothecary of Nether Stowey, Somerset - The National Archives PROB 11/1132/286 , probated 15 Aug 1785

Roger Blake of Nether Stowey is the next testator. He was married to Jane St Albyn 21 Oct 1747 at Nether Stowey and they had two children only John and Robert (both of whom are mentioned in the will). His wife Jane has predeceased him having been buried 29 Mar 1761 at Nether Stowey. The Robert mentioned in the will is the same Robert whose will was probated earlier:

http://kippeeb.blogspot.ca/2013/11/will-of-robert-blake-of-churchill.html

John, the testator’s son was married to Jane (unknown) and they had only one child Jane St Albyn Blake. John was buried in Aug 1786 according to the Portbury Blake website but I do not find that in the Nether Stowey parish registers.

Robert, the son of the testator and his executor, was married to Francis Poole and one of their sons wills was blogged along with that of their father mentioned above:

http://kippeeb.blogspot.ca/2013/10/will-of-reberend-john-blake-clerk-of.html

This is a collateral line to Admiral Robert Blake but daughtered out in his children’s generation as neither of his sons had male children.

Relationship Chart

Admiral Robert Blake [101] is the 2nd cousin 5 times removed of Robert-173 Blake [569]

                                Common Ancestor

                              * Humphrey-21 Blake [1]
                                  (Cir 1499-1558)
                                    * Agnis [2]
                                 (          -1585)
                                   Married  [1]
                                        |
                    ------------------------------------------------------------------
                    |                                                               |
                    |                                                               |
     * John-27 (the elder) Blake [3]              * Robert-28 Blake [4]
          (Cir 1521-After 1576)                    (Cir 1523-Cir 1592)
               Johan [12]                         Margaret Symonds [22]
            (          -1595)                                        (          -1600)
          Married Cir 1541 [4]                        Married  [5]
                    |                                                                 |
                    |                                                                 |
        * Humphrey-38 Blake [16]                 * Humphry-43 Blake [25]
           (Cir 1556-Cir 1619)                                (Cir 1563-1625)
          Agnus/Ann James [73]           Sarah Swithers formerly Williams [100]
            (          -1645)                                         (          -1638)
        Married 23 Oct 1578 [19]                 Married 5 Oct 1597 [26]
                    |                                                                 |
                    |                                                                 |
         * Humphry-54 Blake [74]              * Admiral Robert Blake [101]
          (Cir 1580-          )                                       (1598-1657)
          Elizabeth Giles [129]
              Married  [33]
                    |
                    |
   * Humphry-77 the elder Blake [131]
               (1611-1665)
          Elizabeth Upton [205]
            (          -1683)
              Married  [57]
                    |
                    |
         * Roger-105 Blake [210]
               (1651-1702)
          Susannah Taylor [226]
            (          -1718)
            Married 1672 [62]
                    |
                    |
    * Reverend Roger-129 Blake [225]
               (1681-1721)
              Unknown [477]
             Married  [165]
                    |
                    |
    * Reverend Roger-150 Blake [481]
               (1719-1785)
           Jane St Albyn [567]
               (1725-1761)
        Married 21 Oct 1747 [197]
                    |
                    |
        * Robert-173 Blake [569]
               (1750-1836)

Transcriber: Elizabeth Kipp
Recorded: 30 Oct 2013
Source: The National Archives, PROB 11/1132/286
Testator: Roger Blake, Apothecary
Place: Nether Stowey, Somerset, England
Type of Record: Will
Date of document: 30 Sep 1780, probated 15 Aug 1785
Condition: 18th century English, legible copy

[Margin]: Roger
[Margin]: Blake

1    In the Name of God Amen
2    I Roger Blake of Nether Stowey in the County of Somerset
3    Apothecary do now make and ordain this my last Will
4    and Testament in manner following First to my son John
5    Blake I give and bequeath the sum of two hundred and
6    fifty pounds to be paid by my Executor herein after named
7    within twelve Months after my decease and also the sum
8    of twenty pounds for Suits of Mourning for himself and
9    his Wife together with his Mothers and my picture, To
10    my son Robert Blake I give and bequeath a
11    Tenement called Pilberts situate in Nether Stowey consisting
12    of an house Garden and Orchard to And likewise all
13    other Lands in Fee Simple of which I am or may be
14    possessed at the time of my decease I give the same
15    to him and his heirs for ever And also my Leasehold
16    Estate in the parish of Crowcomb And also all my
17    Leasehold property in the parish of Stowey together
18    with all my Goods Furniture debts due to me and
19    Chattels of what kind soever I give to my Maid
20    Servant Elizabeth Sayer (if living with me at the time
21    of my decease) the sum of ten pounds and a Suit of
22    Mourning And I do hereby constitute and appoint my
23    son Robert Blake whole and sole Executor and Residuary
24    Legatee of this my last Will and Testament In witness
25    whereof I have hereunto set my hand and Seal this 30th
26    day of September in the Year of our Lord one thousand
27    seven hundred and eighty Roger Blake (Seal) Signed Sealed
28    published and declared by the above named Testator Roger
29    Blake as his last will and Testament in the presence of us who subscribed our names in the presence of the said testator Jenkins Buller
30    Tho[ma]s Poole, John Seager
31    This Will was proved at London the fifth
32    day of August in the year of our Lord one thousand
33    seven hundred and eighty five before the Right Worshipful
34    Peter Calvert doctor of Laws Master keeper or Commissary
35    of the prerogative Court of Canterbury lawfully constituted
36    by the Oath of Robert Blake the Son of the deceased and
37    sole Executor named in the said Will to whom adm[inistrati]on
38    was granted of all and singular the Goods Chattels
39    and Credits of the said deceased his having been first
40    sworn by Commission duly to administer

Will of Malachi Blake, Esquire, Taunton St Mary Magdalen, Somerset - The National Archives PROB 11/1260/202, probated 13 May 1795

Malachi Blake is known to me as the son of William Blake and Jane A’Court who were married 21 Oct 1712 at Yeovil, Somerset. This couple had seven children but the place of their birth and baptism I have not yet located. The dates below are from the Portbury website and the chart below produced by using this website with some corrections although for the most part it appears to be correct with a few mixups in the connection) (http://www.portbury-hundred.co.uk/admiralreport.htm) and with the caution that these dates need to be verified and all connections which do not include a primary reference checked. Eventually I plan to post the gedcom for this particular legacy file once I have verified all the dates and links:

Children of William Blake and Jane A’Court (married 21 Oct 1712 at Yeovil and Jane was the daughter of William A’Court who lived in Yeovil)):

Jane born 2 May 1714
Abigail born 17 Jun 1715
Mary born 26 Sep 1717; married Samuel Reed circa 1760 (no issue)
Susannah born 2 Aug 1720; married Thomas Towell September 1759
Malachi born circa 1724; married Sarah Biscoe and they had one child Malachi Biscoe Blake (died at 3 years of age)
Catherine born circa 1725
William born 29 Apr 1730; married Hannah Downing 18 Oct 1766 in Bishops Hull and they had five children: Malachi born 20 Jun 1771, William born 31 Mar 1773, Downing born 9 Jan 1775, Hannah (not shown in Crewkerne records but mentioned in will) and Mary born 20 May 1777.

This line is collateral to Admiral Robert Blake:

Admiral Robert Blake [101] is the 2nd cousin 4 times removed of Malachi Blake [605]

                                Common Ancestor

                              * Humphrey-21 Blake [1]
                                  (Cir 1499-1558)
                                    * Agnis [2]
                                 (          -1585)
                                   Married  [1]
                                        |
                    -------------------------------------------------------------
                    |                                                               |
                    |                                                               |
     * John-27 (the elder) Blake [3]              * Robert-28 Blake [4]
          (Cir 1521-After 1576)                    (Cir 1523-Cir 1592)
               Johan [12]                         Margaret Symonds [22]
            (          -1595)                       (          -1600)
          Married Cir 1541 [4]                        Married  [5]
                    |                                                                 |
                    |                                                                 |
         * William-39 Blake [18]                 * Humphry-43 Blake [25]
           (Cir 1559-Cir 1642)                       (Cir 1563-1625)
                Anne [84]                Sarah Swithers formerly Williams [100]
            (          -1644)                       (          -1638)
              Married  [21]                      Married 5 Oct 1597 [26]
                    |                                                                  |
                    |                                                                  |
          * John-59 Blake [88]                * Admiral Robert Blake [101]
               (1597-1645)                             (1598-1657)
             Elizabeth [155]
              Married  [38]
                    |
                    |
          * John-86 Blake [158]
               (1629-1682)
           Mary Wilkins [276]
        Married 20 Jun 1648 [84]
                    |
                    |
   * Reverend Malachi-112 Blake [278]
               (1651-1705)
             Mary Mico [414]
             Married  [140]
                    |
                    |
        * William-140 Blake [419]
               (1688-1772)
           Jane A'Court [529]
               (1689-1769)
        Married 21 Oct 1712 [186]
                    |
                    |
       * Malachi-162 Blake [538]
               (1724-1795)



Names mentioned in the will

Malachi Blake, Taunton St Mary Magdalen, testator
Malachi Blake, nephew, son of Rev William Blake of Crewkerne
Reverend William Blake, Crewkerne
James Poole, Esquire, landowner
Mr Philip Maire, landowner
Mr James Gay, tenant
John Bradbeer, tenant
John Norman, sergemaker, Taunton, trustee
Joseph Jeffries, sergemaker, Taunton, trustee
William Blake, nephew, son of Rev William Blake of Crewkerne
Downing Blake, nephew, son of Rev William Blake of Crewkerne
Hannah Blake, niece, daughter of Rev William Blake of Crewkerne
Mary Blake, niece, daughter of Rev William Blake of Crewkerne
Abigail Blake, sister
Susannah Towell, wife of Thomas Towell, sister
Mr John Collier, nephew in law, Apothecary, City of London
Mr Joseph Biscoe, father in law, deceased
Thomas Emlyn, John Street, London
Bethia Emlyn, John Street, London, wife of Thomas
Edmund Calamy, Lincolns Inn Square, London
Mrs Calamy, Lincolns Inn Square, London
Mr Elisha Biscoe, brother in law, deceased
Mr Vincent Biscoe, brother in law
Mrs Cope, sister in law (sister of wife)
Reverend John Ward, Taunton St James
Mr John Hayne Bovet, attorney
Miss Crokers (two sisters, neighbours)
Joseph Wrightford, servant
Ann Manley, servant
Mary Reed, widow, sister
Nehemiah Bewsey, witness
Edward Hill, witness
Thomas Sabine, witness

Transcriber: Elizabeth Kipp
Recorded: 17 Oct 2013
Source: The National Archives, PROB 11/1260/202
Testator: Malachi Blake, Esquire
Place: Taunton St Mary Magdalen, Somerset, England
Type of Record: Will
Date of document: 18 Apr 1789, probated 13 May 1795
Condition: 18th century English, legible copy

[Margin]: Malachi
[Margin]: Blake
[Margin]: Esq[uie]r

1    The last Will and Testament
2    of me Malachi Blake of Taunton St Mary Magdalen in
3    the County of Somerset Esq[uie]r being in good health of body
4    and of sound and disposing mind memory and understanding
5    (Blessed be God) made and published this eighteenth day of
6    April in the year of our Lord One thousand seven hundred
7    and eighty nine In manner following that is to say
8    whereas I have made or intend shortly to make a surrender
9    called a dormant Surrender of all and singular my Customary
10    Lands of Inheritance parcels of the Manor of Taunton
11    deane To the uses of my last Will and Testament Now I
12    hereby give and bequeath unto my nephew Malachi Blake
13    Son of my Brother the Rev William Blake of Crewkerne
14    in the County of Somerset One Annuity of clear Yearly Rent
15    charge of One hundred Guineas of lawful money of Great
16    Britain to be paid him by even quarterly payments by and
17    out of my several Farms Lands and hereditaments parcels
18    of the Manor of Taunton deane situate lying within the
19    Parish of Taunton St Mary Magdalen afores[ai]d which I
20    lately purchased of James Poole Esq[uie]r or his Trustees and of
21    Mr. Philip Maire now in the several occupations of Mr
22    James Gay and John Bradbeer as my tenants the same
23    to be paid to my said nephew and his assigns during the
24    natural life of my s[ai]d Brother by quarterly payments and
25    on the four most usual days of payment in the year (that
26    is to say) Midsummer, Michaelmas, Christmas and Lady
27    Day in each year the first of such payments to be made on
28    such of the said days as shall first and next happen after
29    my decease and that without any deduction or abatement
    [Page 2]
30    whatsoever for Land Tax or otherwise and subject thereto I
31    give and devise all and singular my s[ai]d Customary Farms and
32    Lands Tenements hereditaments and premises with their
33    respective appurtenances unto my said Brother the s[ai]d Will[ia]m
34    Blake for and during the term of his natural life without
35    impeachment of or for any manner of Waste (except
36    voluntary Waste in houses) he yielding paying
37    doing and performing all necessary rents suits and services to
38    the Lord of the Manor for the time being therefore due and
39    of right accustomed and from and after his decease I give
40    and devise all and singular the same Customary Farms
41    Lands and premises with the respective appurt[enance]s unto my
42    s[ai]d nephew Malachi Blake and his assigns for and during
43    the term of his natural life without impeachment of
44    or for any manner of Waste (except as afores[ai]d) he and
45    they yielding paying doing and performing all necessary
46    rents suits and services to the Lord of the Manor as afores[ai]d
47    and after the determination of that Estate remainder
48    to John Norman and Joseph Jeffries both of Taunton
49    afores[ai]d Sergemakers and their heirs according the Custom
50    of the Manor of Taunton deane for and during the natural
51    life of my s[ai]d nephew the s[ai]d Malachi Blake In Trust
52    nevertheless to preserve the contingent remainders
53    hereinafter limited and from and immediately after the
54    death of the said Malachi Blake remainder to all and every
55    or such one or more of the Son or Sons of my s[ai]d Nephew
56    the s[ai]d Malachi Blake lawfully to be begotten for such
57    Estate or Estates at such time and times and in such parts
58    shares and proportions manner and form as he my s[ai]d nephew
59    Malachi Blake by any deed or deeds under his hand and
60    seal with or without power of revocation to be duly executed
61    in the presence of and attested by two or more credible
62    witnesses or by his last Will and Testament in writing to be
63    duly executed in the presence of and attested by a like number
64    of Witnesses shall direct limit or appoint give or devise the
65    same or any part or parts thereof and for want of such
66    direction limitation or appointment Gift or devise
67    remainder To the first and every other Son and Sons of
68    the s[ai]d Malachi Blake and the heirs of his and their
69    respective body and bodies lawfully to be begotten the
70    eldest of such Sons and the heirs of his body to be preferred
71    and to take before the younger or youngest and the heirs of his
72    and their body and bodies according to the Custom of the s[ai]d
73    Manor of Taunton deane and in default of all such issue
74    remainder To my nephew William Blake (another Son of
75    my said Brother William Blake) and his assigns for his
76    life without impeachment of or for any manner of waste
77    (except as afores[ai]d) he and they in like manner paying
78    doing and performing all necessary rents suits and services
79    to the Lord of the Manor for the time being and from
80    and after the determination of that Estate remainder to the
81    said John Norman and Joseph Jeffries and their heirs according
    [Page 3]
82    to the Custom of the s[ai]d Manor of Taunton deane for and
83    during the natural life of my s[ai]d nephew the s[ai]d William
84    Blake remainder to all and every or such one or more of the
85    Son or Sons of my said nephew the s[ai]d William Blake
86    lawfully to be begotten for such Estate and Estates of such
87    time and times and in such parts shares and proportions
88    manner and form and he my s[ai]d nephew William Blake by
89    any deed or deeds under his hand and seal with or without
90    power of revocation to be duly executed in the presence of
91    and attested by two or more credible Witnesses or by his last
92    Will and Testament in Writing to be by him duly executed
93    in the presence of and attested by a like number of Witnesses
94    shall direct limit or appoint give or devise the same or
95    any part of parts thereof and for want of such direction
96    limitation or appointment gift or devise remainder
97    to the first and every other Son and Sons of my s[ai]d nephew the
98    s[ai]d William Blake and the heirs of his and their respective
99    body and bodies lawfully to be begotten the eldest of such
100    Sons and the heirs of his Body being to be preferred and
101    to take before the younger or youngest and the heirs of
102    his and their body and bodies according to the Custom of the s[ai]d
103    Manor of Taunton deane and in default of all such issue
104    remainder to my nephew Downing Blake (the third Son
105    of my s[ai]d Brother William Blake) and his assigns for and
106    during the term of his natural life without impeachment
107    of or for any manner of waste (except as afores[ai]d) he and they
108    also paying doing and performing all necessary rents
109    suits and services to the Lord of the Manor for the time being
110    and from and after the determination of that Estate
111    remainder to the s[ai]d John Norman and Joseph Jeffries and
112    their heirs according to the Custom of the s[ai]d Manor of
113    Taunton deane for and during the natural life of my s[ai]d
114    nephew Downing Blake In Trust nevertheless to preserve
115    the contingent remainders hereinafter limited and from
116    and immediately after the death of my s[ai]d nephew Downing
117    Blake remainder to all and every or such one or more of the Son and Sons being Sons of the said Downing Blake lawfully to be begotten for such Estate and Estates at
118    such time and times and in such parts shares and proportions
119    manner and form as he my said nephew Downing Blake
120    by any such his deed or deeds or last Will and Testament
121    as afores[ai]d shall direct limit or appoint give or devise the
122    same or any part thereof and for want of such direction
123    limitation or appointment gift or devise remainder To
124    the first and every other Son and Sons of my s[ai]d nephew Downing
125    Blake and the heirs of his and their respective body and bodies
126    lawfully to be begotten the eldest of such sons and the heirs of
127    his body to be preferred and to take before the younger or
128    youngest and the heirs of his and their body and bodies according
129    to the Custom of the Manor of Taunton deane and in
130    default of all such Issue male of my s[ai]d nephew resp[ective]ly
131    then I give and devise all my s[ai]d Customary Farms and Lands
132    parcels of the s[ai]d Manor of Taunton deane unto my niece
133    Hannah Blake and her assigns for and during the term of her
    [Page 4]
134    natural life without impeachment of or for any manner
135    of waste (except only as afores[ai]d) she and they in like manner
136    yielding paying doing and performing all rents suits and services
137    as aforesaid and from and after her decease remainder to my
138    niece Mary Blake for and during the term of her natural life
139    without impeachment of or for any manner of Waste
140    (except as aforesaid) she and they also paying doing and
141    performing all rents Suits and Services as afores[ai]d and from
142    and after the decease remainder to all and every the daughter
143    and daughters of my s[ai]d nephew Malachi Blake and their heirs
144    according to the Custom of the s[ai]d Manor Taunton deane
145    and in default of such daughters and daughter remainder
146    to all and every the daughters and daughter of my s[ai]d nephew
147    William Blake and their heirs according to the Custom of the
148    said Manor of Taunton deane and in default of such
149    daughters and daughter of my s[ai]d nephew William Blake
150    remainder to all and every the daughters and daughter of
151    my s[ai]d nephew Downing Blake and their heirs according to
152    the Custom of the s[ai]d Manor of Taunton deane And in
153    default of all such issue both Male and Female of my s[ai]d
154    nephews respectively Then I give and devise all my said
155    Customary Farms and Lands parcels of the s[ai]d Manor of
156    Taunton deane unto my own right heirs according to the
157    Custom of the s[ai]d Manor and to or for no other use intent
158    or purpose whatsoever Also I give and bequeath to my Sister
159    Abigail Blake during the term of her natural life an
160    annuity or clear yearly sum of Fifteen pounds to be paid
161    by my Executors hereinafter named out of my Executory
162    Estate by equal half yearly payments the first to be made
163    at the end of Six months next after my decease and to
164    my Sister Susannah the Wife of Mr Thomas Towell during
165    her natural life an annuity or clear yearly sum of
166    Twenty pounds to be also paid by my Exors as aforesaid
167    by equal half yearly payments the first payment to be
168    made at the end of six months as aforesaid and in case
169    my brother in Law the said Thomas Towell survives his
170    s[ai]d Wife Then I give him during his natural life an
171    annuity or clear yearly sum of Ten pounds payable
172    in like manner by and out of my Executory Estate by
173    equal half yearly payments The first payment to
174    begin and be made at the end of Six Months next
175    after the decease of his s[ai]d Wife Also I give devise and
176    bequeath unto my nephew in Law Mr John Collier
177    Apothecary All that my sixth part and all other my
178    Estate and Interest of and in a Messuage or dwellinghouse
179    situate in Gloucester Street in the City of London heretofore
181    belonging to my late Father in Law Mr Joseph Biscoe
182    to hold to and to the use of him the said John Collier his
183    heirs Executors administrators and assigns for all my
184    Estate and interest therein and I give to the s[ai]d John Collier and
185    his Wife Mrs Collier the sum of one hundred pounds each
186    also I give to my dear Friends Thomas Emlyn of John Street
    [Page 5]
187    in the City of London Esq[uie]r and Bethia his Wife to each of them
188    the sum of Two hundred and fifty pounds and to Edmund
189    Calamy of Lincolns Inn Square in the City of London Esq[uie]r
190    and his wife the sum of one hundred pounds each Also I
191    give to and amongst the Children of my late Brother in Law
192    Mr Elisha Biscoe deceased the sum of Two hundred
193    pounds to be equally divided between them share and share
194    alike and to and amongst the Children of my late Brother
195    in Law Mr Vincent Biscoe the like sum of Two hundred
196    pounds to be equally divided between them and to the
197    children of my Sister in Law Mrs Cope my late dear
198    Wife’s Sister the like sum of Two hundred pounds to be
199    equally divided between them and I will and direct that
200    my said Executors shall pay to the s[ai]d Mrs Cope for her life
201    an annuity or clear yearly sum of Five pounds One
202    Moiety of which (viz[ a vi]t) Fifty shillings annually I have
203    always voluntarily paid her since my said late Wife’s
204    decease by her particular desire and that together with
205    an additional Fifty shillings make up together the s[ai]d
206    annuity of Five pounds I will shall be paid her yearly by
207    my Executors And I give it to her accordingly for and during
208    the term of her natural life as afores[ai]d Also I give to the
209    Rev John Ward on whose Ministry I attend the sum of
210    five Guineas and to Mr John Hayne Bovet my Attorney
211    twenty Guineas To my Good Neighbours the two Miss
212    Crokers the sum of Fifty Guineas each and in case my present
213    servants Joseph Wrightford and Ann Manley or either of them
214    shall be living with me at my decease I give to them or such
215    of them as may be then living with me the sum of Fifty
216    pounds and to any other Servants or Servant that may
217    have lived with me more than one year the sum of Twenty
218    pounds each and if less than that time the sum of Ten pounds
219    all which several Legacies I will shall be respectively
220    paid by my s[ai]d Exors hereinafter named by and out of my
221    Executory Estate within six months next after my decease
222    and I also will and direct that my s[ai]d Exors shall within one
223    month next after my decease distribute to and amongst
224    the poor of the several parishes of Taunton St Mary
225    Magdalen and Taunton St James as they shall think
226    proper the sum of Ten pounds and the like sum of Ten
227    pounds yearly for nine years afterwards to the poor of
228    the s[ai]d parishes at the discretion of my s[ai]d Exors as to the
229    proportions and persons who are to be the objects of this my
230    donation making together in the whole the sum of One
231    hundred pounds And all the rest and residue of my Messuages
232    Lands Tenements and hereditaments Mortgages in Fee and other
233    Mortgages Money and Securities or money Goods Chattels
234    and Effects whatsoever and wheresoever after payment of my
235    Debts Legacies and Funeral expences I give devise and bequeath
236    the same unto my s[ai]d Brother William Blake and my
237    Sister Mary Reed their heirs Exors and Admors share and
238    share alike to take as tenants in Common and not as joint
    [Page 6]
239    tenants Also it is my desire to be buried in the Morning
240    in the same Cave or Vault in the parish Church of Taunton
241    St James in which my late dear Wife and Child are interred
242    and that there may be no funeral Sermon and Lastly
243    I hereby revoke all former Wills by me made In Testamentary
244    whereof I have to this my last Will and Testament contained
245    in five sheets of paper to the four first sheets set my hand
246    and to this fifth and last sheet set my hand and seal the day
247    and year first above written Malachi Blake
248    Signed Sealed published and declared by the s[ai]d Malachi
249    Blake the Testator as and for his last Will and Testament
250    in the presence of us who have hereunto at his request
251    and in his presence and in the presence of each other subscribed
252    our names as Witnesses Nehemiah Bewsey Edward
253    Hill Tho[ma]s Sabine
254    On the thirteenth day of May in the year of our Lord
255    One thousand seven hundred and ninety five admon
256    with the Will annexed of all and singular the Goods
257    Chattels and Credits of the deceased Malachi Blake late
258    of Taunton Saint Mary Magdalen in the County of
259    Somerset Esquire deceased was granted to The Rev
260    William Blake Clerk the Brother and Mary Reed Widow
261    the Sister of the said deceased and the residuary Legatees
262    named in the said Will (no Executor being named therein)
263    having been first Sworn by Commission duly to adm[iniste]r

Will of John Durell Blake, Gentleman, Whitelackington, Somerset - The National Archives PROB 11/2095/336, probated 7 Jul 1849

This will by John Durell Blake (present testator) and that by Durell Blake are confusing to me. Are they the same person?

Blog of will of Durell Blake:

http://kippeeb.blogspot.ca/2013/09/will-of-durell-blake-gentleman.html

The only death I find in Chard Registration District is for a John Durell Blake March quarter of 1848. The actul date being 1 Mar 1848. He was 26 years old according to the obituary in The Taunton Courier, Wednesday, 15 Mar 1848. This will written six months after the blogged will above is slightly different. This will was probated first with the blogged will above being probated five days later.

In this will he is remembering Julia Caroline (Durell) Blair who was married to James Blair 14 Jun 1840 and was also his sister along with his sister Jane (Durell) Poole whose husband George was one of the executors of both wills and John Durell Blake was living at their farm named White Lackington near Ilminster which is in Chard Registration District.

His wife Mary is not mentioned in this will but is mentioned in the earlier will. The only death I find for a Mary Blake is in Langport Registration District December quarter 1847 (Ilminster is just nine miles away from Langport).

It would appear that John Durell Blake and Durell Blake are the same person. I wondered if somehow Daniel Blake had been confused in the writing of the will but this does not appear to be the case. Some claim that Daniel was a brother to John Durell Blake but no mention of him in either will.

Transcriber: Elizabeth Kipp
Recorded: 14 Oct 2013
Source: The National Archives, PROB 11/2095/336
Testator: John Durell Blake, Gentleman
Place: Whitelackington, Somerset, England
Type of Record: Will
Date of document: 24 Feb 1848, probated 7 Jul 1849
Condition: 19th century English, legible copy

[Margin]: John
[Margin]: Durell
[Margin]: Blake
[Margin]: 20

1    This is the last Will and Testament
2    of me John Durell Blake now residing at White Lackington
3    Court Farm near Ilminster in the County of Somerset Gentleman In
4    the first place I direct all my just debts and funeral and testamentary
5    expences to be paid as soon as conveniently may be after my decease And
6    I charge all my real and personal Estate and Effects with the payment
7    thereof And I give and bequeath all my real and personal estate
8    property and effects whatsoever and wheresoever unto and to the use
9    of Daniel Boys and Frederick Lewes Austen both of Ely Place in the
10    County of Middlesex Gentlemen their heirs executors administrators and
11    assigns respectively according to the several natures tenures and qualities
12    of the proceeds But nevertheless upon and for the trusts intents and
13    purposes hereinafter declared and expressed via[ a vi]t Upon Trust that they
14    the said Daniel Boys and Frederick Lewes Austen or the survivor of
15    them or the heirs executors or administrators respectively of such
16    survivor or other the trustees or trustee for the time being of this my Will
17    do and shall collect receive and get in all such parts of my personal
18    estate as shall not be in their nature saleable and as to my real Estate
19    or property of the nature of real Estate I empower my said trustees or
20    trustee at such time or times as they or he shall in their or his sole and
21    uncontrolled discretion think fit to make sale and absolutely dispose of
22    or otherwise convert the same into money and that whether and
23    although such real Estate or other property may be held for life only
24    for any other defeasible or determinable estate or interest and whether
25    and although the same may be contingent or reversionary either by
26    public auction or private contract or partly in one way and partly in the
27    other and either altogether or in parcels and generally in such way and
28    manner in all respects and under and subject to such special conditions or
29    stipulations as to title or otherwise as they or he shall in their or his
30    sole and uncontrolled discretion think fit and as they or he might or
31    could do or have done in case they or he were the sole and absolute
32    owners or owner thereof with full liberty for them or him to buy in
33    premises or any of them at any public auction and wholly to rescind or
34    partially to alter and vary the terms of any contract for the sale thereof
35    or of any of them and again to sell the same in manner aforesaid
36    without being answerable for any loss or diminution of price or expences
37    to be sustained or incurred thereby and as to the net monies to arise or be
38    procured by the means aforesaid after answering and satisfying all my
39    just debts and funeral and testamentary expences and as to all my
40    estate and property whatsoever devise and bequeathed as aforesaid
41    my will is that my said trustees or trustee do and shall stand possessed
42    thereof respectively Upon the trusts and for the intents and purposes
43    following that is to say as to three equal undivided fifth parts or shares
44    thereof the whole of my property for this purpose being considered as
45    divided into five equal parts Upon Trust for the sole and separate use
46    and benefit and free disposal of my sister Julia Caroline Durell the
47    wife of James Blair and so as not be to subject to the debts control
48    engagements or interference of her present or any future husband and
49    to be assigned disposed and converted as she, nowithstanding any
50    coverture, her heirs executors or administrators shall from time to time
51    direct and as to the remaining two equal undivided fifth parts or shares
52    of my said estate and property Upon Trust for the sole and separate use
53    and free disposal of my sister Jane Poole the wife of George Poole of
54    White Lackington aforesaid and so as not to be subject to the debts
55    control engagements or interference of her present or any future
56    husband and to be assigned disposed and conveyed notwithstanding
    [Page 2]
57    her coverture as she her heirs executors or administrators shall from
58    time to time direct Provided always and I do hereby expressly declare that
59    it shall be lawfull for the trustees or trustee for the time being of this my
60    Will at their or his sole and uncontrolled discretion to adjust and finally
61    settle and determine in such manner and upon such terms and conditions
62    as they or he shall in their or his judgement think fit and expedient all questions
63    disputes and suits if any such there be of and concerning or with respect to
64    my real and personal estate and effects or any part thereof respectively or in
65    any charges or incumbrances or alleged charges or incumbrances upon or
66    affecting the same respectively or any part thereof respectively and to make
67    such arrangements relative thereto and to the division and partition of
68    such estate and effects or any part thereof respectively with the owner or
69    owners of any other share estate or interest of or in the same respectively
70    or of the purchase money to arise from the sale of the entirety thereof and to
71    do and execute and cause to be done and executed all such acts deeds
72    conveyances assurances matters and things as shall or may be deemed
73    necessary or expedient in that behalf as fully and effectually in all respects
74    and to all effects constructions and purposes whatsoever as they or he might
75    or could do or have done if they or he were the sole and absolute owners
76    or owner thereof and if they or he shall deem such a course preferable
77    or necessary or expedient then to act under the direction of a Court of
78    Equity or the Sanction of a private Act of Parliament some part of
79    property and the nature and extent of my rights and interests to and in
80    it being as I am fully aware of a complicated and intricate and
81    uncertain nature Provided always and I do hereby declare my Will to be
82    that the receipt or receipts in writing of the trustees or trustee for the time
83    being of this my Will shall be a good and effectual release and discharge
84    for all and singular the monies which shall come to their or his hands
85    by virtue of or under this my Will or any of the trusts powers or
86    authorities herein declared or contained or for so much of such monies
87    as in such receipt or receipts respectively shall be acknowledged to be
88    received and that the person and persons paying such monies and
89    taking such receipt or receipts for the same as aforesaid shall not
90    afterwards be obliged to see to the application or be in anywise answer-
91    able or accountable for the loss of misapplication thereof or of any part
92    thereof And it is my Will that the said Daniel Boys and Frederick
93    Lewes Austen and their respective heirs executors and administrators
94    ahall be charged and chargeable only for such monies as they respectively
95    shall actually receive by virtue of this my Will or any of the trusts
96    powers or authorities afore said notwithstanding this their or any of their
97    signing or joining in any receipt or receipts for the sake of conformity and
98    that each of them shall be answerable for himself and his own acts and
99    wilful defaults only and that they or any of them shall not be answer-
100    able for any bank banker broker or any other person in which or in
101    whose hands all or any of the said trust monies shall or may be
102    deposited nor for the insufficiency or deficiency of any fund or security
103    in or upon which the said trust monies may happen to be invested
104    nor for any other misfortune loss of damage which shall or may happen
105    in or about the execution or the exercise of the aforesaid trusts or powers
106    or any of them in relation thereto except the same shall happen by or
107    through their own wilful default respectively and that it shall and may
108    be lawful to and for the trustees aforesaid respectively and their respective
109    heirs executors and administrators to retain to and reimburse themselves
110    respectively and to allow to their respective Cotrustee and Cotrustees all
111    costs charges damages and expences whatsoever which they respectively
112    shall or may sustain suffer expend or disburse in or about the execution
113    or exercise of the aforesaid trusts or powers or any of them or in relation
    [Page 3]
114    thereto and especially that the said Daniel Boys and Frederick Lewes
115    Austen respectively and any future Trustee of this my Will who shall
116    or may be an Attorney or Solicitor shall be entitled to make the same
117    professional charges and to receive the same fees and allowances for any
118    business transacted for or relating to my Estate and Effects as they respectively
119    would be entitled to make and receive if they respectively were not such
120    trustees any rule or maxim of Courts of Equity to the contrary notwith-
121    standing And I make and appoint the said Daniel Boys and
122    Frederick Lewes Austen and likewise the said George Poole Executors
123    of this my Will and hereby revoking all former and other Wills be me
124    at any time heretofore made I declare this to be my last Will and
125    Testament In witness whereof I the said John Durell Blake the Testator
126    have to this my last Will and Testament contained in five sheets of
127    paper set my hand this twenty fourth day of February in the year of
128    our Lord one thousand eight hundred and forty eight John Durell
129    Blake Signed and acknowledged by the above named John
130    Durell Blake the Testator as and for his last Will and Testament in the
131    presence of us (both of us being present together at the same time) who in
132    his presence at his request and in the presence of each other hereunto
133    subscribe our names as witnesses thereto C H Meetes Ilminster
134    M.Q. Will[ia]m John Martin Clerk to Mess[ieur]rs Hale Boys and Austen Ely
135    Pleece Holborn
136    Proved at London 7th July 1849 before The Worshipful Frederic
137    Thomas Pratt Doctor of Laws and Surrogate by the oath of George
138    Poole one of the Executors to whom Admon was granted having been
139    first sworn duly to administer Power reserved of making the like grant
140    to Daniel Boys and Frederick Lewes Austen the other Executors when they
141    shall apply for the same.

Will of Eliza Blake, widow of Burnham, Somerset - The National Archives PROB 11/2095/371, probated 20 Jul 1849

Eliza Blake is the mother of Durell Blake whose will was blogged 27th September 2013:

http://kippeeb.blogspot.ca/2013/09/will-of-durell-blake-gentleman.html

The will of Eliza Blake has been probated eight days after her son Durrel Blake’s will was probated. George Poole, brother in law of Durrel and son in law of Eliza (he is married to her daughter Jane) has taken probate on both wills.

Eliza was married to Captain John Blake and she was a sister to Anne Sophia Blake whose will was blogged:

http://kippeeb.blogspot.ca/2013/09/will-of-anne-sophia-blake-widow-of.html

25th September 2013. Anne Sophie was married to Captain Michael Anthony Blake of Galway. What is not known is whether or not John husband of Eliza and Michael husband of Anne Sophie were related although both are from Galway. But just to make it very interesting both Eliza (the testatrix) and Anne Sophia were grand daughters of Captain Thomas Philip Durrell (Royal Navy).

http://www.cichw1.net/pmdurelltp.html

This is my first set of wills that pertain to the Galway Blake family and at this point it seems apt to look at one of the published works of the Blake family of Ireland:

Blake Family Records 1300 to 1600 by Martin J Blake

was my first book on the Blake family in Galway. He lists the progenitor of this Blake family as Richard Cadel. Martin Blake is a descendant of the Galway Blake family and had at hand a good deal of original material which he published. His records include a deed of grant in fee to Richard Cadel, surnamed Blake dated 1315. The records were passed down in the senior line of this Blake family down to 1788 when John Blake (15th in eldest lineal descent from Richard Cadel) died without issue. In the will of this John Blake, dated 27 Feb 1787 (probated PCC 21 Feb 1788), devised his estates to his first cousin John Blake (younger son of John Blake’s uncle Mark Blake). By a circuitous path they eventually came into the hands of the author.

Both Captain Michael Anthony Blake and Captain John Blake of Galway were born in the late 1700s. Looking towards the back of the book I can see that the family of Sir Edward Blake (son of William Hume Blake and Catharine Hume) is listed and his ancestry back. This Blake family continues in Canada but this is not my line as my Blake line is from Upper Clatford and before that Andover, Hampshire. The interesting part in this is that the father of William Hume Blake was the Reverend Dominick Edward Blake and that takes us back into the 1700s as Dominick was born in 1771 at Castlegrove, Galway.

I do not find either of these Blake lines in this book on the Galway Blake family but it is a very large family. I have meant to have a look at this published book on the Galway family and the opportunity wasn’t missed at this time. Placing these Blake lines into the Galway Blake family would be rather interesting I suspect. Later in the discussion I discover there is a second volume by Martin Blake and there is a reference that is interesting for this family on page 196.

From a requester on one of the Blake researcher sites: Durell Blake lived at Elkington Hall Somerset and Belmont county Galway was born by 1826. She however thinks that Durell Blake and John Durell Blake are the same person and I am not sure. The will of John is still to come. She has the other son as Daniel. Father Captain John Blake (married to Eliza the testatrix of this will) was of Belmont county Galway as well. Possibly a rather confusing family especially as the Harwood descendants in the US did not know the children of Eliza Durell Blake. Nor did they realize that he was also in the military and a Captain (i.e. Captain John Blake).

Another query on the same site and this is a Francis C Harwood looking for information on Captain Michael Anthony Blake who married Sophia Anne Durell 6 December 1815 at St Martin in the Fields, London. This researcher says that Michael was born in Tuan, county Galway and that his father was John Blake an ancestor of the family of Blake at Belmont county Galway. That would seem to indicate that Michael and John were related perhaps. Was their father John. He found this information in the book I was looking at above on Page 196 so will return to that page and see what is listed by Martin Blake in his book on the Blake family at Galway. The researcher continues with the information that Captain Michael Anthony Blake was in the 13th Somerset Light infantry and first appears in the 1806 Army list as Lt. Blake with a seniority date of 11 Jul 1805. He was promoted to Captain on 10 Jun 1813 and went on half pay 7 Mar 1816 and continued in this capacity until the Army list of 1825. The researcher thinks that he died in 1826 at Waterslade court, Fulham South West, London.

Paraphrased: John, ancestor of the family of Blake of Belmont, county Galway was born 26 Feb 1745 and married Miss Cuffe, sister of James Cuffe (afterwards first Baron Tyrawley), by whom he had a number of descendants some of whom now live in the United States.

The question remains are Michael Anthony Blake and John Blake closely related and descendant of this John Blake who was a son of George Blake and Juliane Lynch. George was born in July 1700 and was the second son of Martin Blake of Moyne.

I have decided to put these trees that Martin Blake has put together into Legacy in order to be able to search and utilize the information more readily. It will be a back burner project that I will work away at “in my spare time :)” but will be a start on the Blake family of Ireland which is very extensive and possibly larger than the Blake family of England. Still to look at are Scotland and Wales (although the Blake family descendant of Richard Cadel would have been originally Welsh as he was).

Curious now about the will of John Durell Blake to come.

Transcriber: Elizabeth Kipp
Recorded: 1 Oct 2013
Source: The National Archives, PROB 11/2095/371
Testator: Eliza Blake, widow
Place: Burnham, Somerset, England
Type of Record: Will
Date of document: 9 Sep 1846, probated 20 Jul 1849
Condition: 19th century English, legible copy

[Margin]: Eliza
[Margin]: Blake
[Margin]: 5

1    This is the last Will and Testament
2    of me Eliza Blake of Burnham in the County of Somerset Widow I
3    give devise and bequeath all my real and personal Estate unto my sons
4    Durell Blake and John Durell Blake equally to be divided between them
5    share and share alike as tenants in common and I appoint the said Durell
6    Blake and John Durell Blake Executors of this my Will and I revoke all
7    former Wills and declare this to be my last Will dated this ninth day of
8    September one thousand eight hundred and forty six Eliza Blake
9    Signed published and declared by the said Eliza Blake as her last Will in
10    the presence of us present at the same time Dan[ie]l Gould Solicitor
11    Honiton Jno E Burt Burnham
12    Prerogative In the Goods of Eliza Blake
13    Widow deceased
14   Appeared Personally John Edwin Burt
15    of No 40 Silvester Street Kingston upon Hull in the County of York Officer
16    of her Majesty’s Customs and made oath that he is one of the subscribed
17    witnesses to the last Will and Testament of Eliza Blake late of Burnham in
18    the County of Somerset Widow deceased bearing date the ninth day of
19    September one thousand eight hundred and forty six and now hereunto
20    annexed and he further made oath that on the said ninth day of September
21    in the year one thousand eight hundred and forty six the said Testatrix duly
22    executed her said Will by signing her name at the foot or end thereof in
23    manner as now appears therein in the presence of this deponent who then
24    resided at Burnham aforesaid and of Daniel Gould of Honiton in the
25    County of Devon Solicitor the other subscribed witness thereto both of whom
26    were present at the same time and thereupon the said Daniel Gould and
27    the deponent respectively attested and subscribed their names and places of
28    residence to the said Will in manner as also now appears thereon in the
29    presence of the said Testatrix and of each other Jno E Burt
30    on the 17th day of July 1840 the said John Edwin Burt was duly sworn
31    to the truth of this Affidavit Before me A Waddilove Jun[io]r
32    in the presence of J Henry Pitcher Not. Pub.
    [Page 2]
33    On the 20th day of July 1849 Admon (with the Will annexed) of the
34    goods chattels and credits of Eliza Blake late of Burnham in the County of
35    Somerset Widow deceased was granted to George Poole the acting Executor
36    of the Will of John Durell Blake Esquire deceased whilst living the Son and
37    one of the Executors and Universal Legatees named in the said Will having been
38    first sworn duly to administer. Durell Blake and the said John Durell Blake
39    the Son the Executors and Universal Legatees named in the said Will respectively
40    survived but died without having taken upon themselves the probate and
41    execution of the said Will.

Will of Durell Blake, Gentleman, Whitelackington, Somerset - The National Archives PROB 11/2095/353, probated 12 Jul 1849

The testator is Durell Blake and his marriage to Mary Stewart took place March quarter 1847 in Axbridge Registration District, Somerset. West-super-Mare is in this Registration District and given the forename one might suspect he is somewhat related to Michael Anthony Blake and Anne Sophia Durell (will blogged yesterday).

However, Durell only mentions his sister Jane Poole (married to George) so somewhat of a mystery plus the daughter of Anne Sophia and Michael Anthony Blake was Anne Jane Harwood at the time of her mother’s will. Interestingly a George Poole died September quarter 1848 listed in Axbridge Registration District. However, Poole is not an uncommon name.

An interesting article in “The Nautical Magazine and Naval Chronicle for 1840. A Journal of Papers on subjects connected with Maritime Affairs. London: Simpkin, Marshall, and Co., Stationers’ Hall court.

At Sidmouth, on the 14th June [1840], James Blair, Esq., son of the late Capt. David Blair, RN., to Miss Julia Caroline Blake, third daughter of the late Captain John Blake, of the county of Galway, and grand-daughter of the late Captain Durrell,. RN.

A search online revealed the following webpage on Captain Thomas Philip Durell and some of the content is in the earlier blog on Anne Sophia Blake.

http://www.cichw1.net/pmdurelltp.html

It can be seen that Anne Sophia Durell and Eliza Durell were sisters. The children of John Blake and Eliza Durell are not listed but I suspect they are Durell Blake and Jane Blake (married to George Poole) amongst others including Julia Caroline Blake above. They remained in England and so are lost to the charting which is provided by an American descendant of this family Francis C Harwood. What does link him to this family is his mention of his great Uncle John Powell Powell. I would judge by the will that Durell Blake is a young man perhaps only in his mid twenties.

A note about John Powell Powell (nee Roberts) with respect to his uncle John Powell Powell to add to the information on this family:

http://www.quexringers.org/pages/john-powell.htm

This family remains on their property and have diversified their holdings in order to maintain their properties into the future.

Obituary for Durell Blake, youngest son of the late Captain John Blake, Belmont, Ireland is a good find (The Taunton Courier, Wednesday, March 15, 1848):

March 1, at Whitelackington, near Ilminster, aged 26, John Durell Blake, Esq., youngest son of the late Captain John Blake, of Belmont, Ireland

Also in the Taunton Chronicle 31 March 1841: At Sidmouth on the 23rd inst. In the 23rd year of her age, after a few months exemplary endurance of ruthless consumption, Eliza Sarah, the beloved daughter of the late Captain John Blake, County Galway, and grand daughter of the late Captain Durell, RN, for many years a highly respected inhabitant of this town.

Solving the question of whose descendant Captain John Blake was would be helpful and checking Find my past for military records might be helpful. But it would appear that he too belongs to the Galway Blake family. Another note online has Durell Blake named John Durell Blake born 21 Apr 1822 with a brother Daniel born in 1821. The webpage for this particular entry is part of ancestry but down at the moment. There is another will for this individual under John Durell Blake to come later.

Transcriber: Elizabeth Kipp
Recorded: 26 Sep 2013
Source: The National Archives, PROB 11/2095/353
Testator: Durell Blake, Gentleman
Place: Whitelackington, Somerset, England
Type of Record: Will
Date of document: 14 Sep 1847, probated 12 Jul 1849
Condition: 19th century English, legible copy

[Margin]: Durell
[Margin]: Blake
[Margin]: Esquire
[Margin]: 39

1    This is the last Will and Testament
2    of me Durell Blake lately residing at White Lackington Court Farm
3    near Ilminster in the County of Somerset Gentleman In the first place I
4    direct all my just debts and funeral and testamentary expences to be paid as
5    soon as conveniently may be after my decease and I charge all my
6    personal estate and effects with the payment thereof And I give and
7    bequeath all my ready money at the time of my decease and all
8    household goods and furniture plate linen glass china books prints
9    pictures wines spirits beer and other liquors and all other articles chattels
10    and effects of a household or domestic nature of which I may happen to
11    be possessed at the time of my decease unto my dear wife Mary Blake
12    absolutely And I give and bequeath all my real estate whatsoever and
13    wheresoever at the time of my decease and all the rest and residue of my
14    personal estate and effects whatsoever and wheresoever which are not
15    hereinbefore otherwise bequeathed or disposed of unto and to the use of
16    Daniel Boys and Frederick Lewes Austen both of Ely Place in the
17    County of Middlesex Gentlemen and John Clements of Stepney and the
18    West India Docks in the County of Middlesex Gentleman their heirs
19    executors administrators and assigns respectively according to the several
20    natures tenures and qualities of the premises but nevertheless dispose
21    and for the trusts intents and purposes hereinafter declared and expressed
22    of and concerning the same (videlicet) Upon Trust that they the said
23    Daniel Boys Frederick Lewes Austen and John Clements or the survivors
24    or survivor of them or the heirs and executors or administrators respectively of
25    such survivor or other the trustees or trustee for the time being of this my
26    Will do and shall collect receive and get in all such parts of my
27    personal estate as shall not be in their nature saleable and do and shall
28    at such time or times as they or he shall in their or his sole and
29    uncontrolled discretion think fit make sale and absolutely dispose of or other-
30    wise convert into money all the rest and residue of my personal estate
31    and effects and also all my real estate whatsoever and wheresoever and
32    of what nature tenure or quality soever whether and although the same
33    may be held for life only or for any other defeasible or determinable estate
34    or interest and whether and although the same may be contingent or
35    reversionary either by public auction or private contract or partly in one
36    way and partly in the other and either altogether or in parcels and
37    generally in such way and manner in all respects and under and
38    subject to such special conditions or stipulations as to title or otherwise
39    as they or he shall in their or his sole and uncontrolled discretion think
40    fit and as they or he might or could do or have done in case they or
41    he were the sole and absolute owners or owner thereof (with full liberty
42    for them or him to buy in the premises or any of them at any public
43    auction and wholly to rescind or partially to alter and vary the terms of
44    any contract for the sale thereof or of any of them and again to sell the
45    same in manner aforesaid without being answerable for any loss or
46    diminition of price or expences to be sustained or incurred thereby and
47    as to the net monies to be so collected received and got in as aforesaid and to
48    arise and be produced from or by such sales dispositions and conversion
49    respectively as aforesaid and which shall remain after answering and
50    satisfying all my just debts and funeral and testamentary expences
51    Upon Trust that the trustees or trustee for the time being of this my Will
52    do and shall lay out and invest the same in their or his own names or
53    name in or upon some or one of the parliamentary stocks or public funds
54    or at interest upon real or government securities of or in Great
55    Britain (all which stocks funds and securities it shall and may be lawful
56    for them or him from time to time to alter vary and transpose for or
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57    into others of the like nature at their or his sole and uncontrolled
58    discretion and as often as they or he shall think fit) and do and shall stand
59    and be possessed of and interested in all the said residuary trust monies stocks
60    funds and securities upon and for the trusts intents and purposes hereinaf-
61    ter declared and expressed of and concerning the same (videlicet) In case
62    I shall have any child living at my decease or born in due time
63    afterwards Then Upon Trust to pay unto or otherwise to permit and
64    suffer and sufficiently authorize and empower my said Wife or her
65    assigns during her life to receive and take all the interest dividends
66    and annual proceeds of the said residuary trust monies stocks funds and
67    securities to and for her or their own absolute use and benefit and from
68    and after her decease Then as to the capital or principal of the said
69    residuary trust monies stocks funds and securities In Trust for all and
70    every my children or child living at my decease who being a son or
71    sons shall attain the age of twenty one years or being a daughter or
72    daughters shall attain that age or be married which ever shall first
73    happen to be equally divided between or amongst them (if more than one
74    share and share alike as tenants in common and not as joint tenants
75    and if I shall leave only one child living at my decease who being a son
76    shall attain the age of twenty one years or being a daughter shall
77    attain that age or be married Then as to the whole of the said
78    Residuary trust monies stocks funds and securities In Trust for such one
79    or only child absolutely But in case I shall have any child living at
80    my decease but all of them being sons shall depart this life under the
81    age of twenty one years and being daughters shall depart this life
82    under that age and without having been married Then as to all the
83    said residuary trust monies stocks funds and securities from and after the
84    decease  of my said wife In Trust for my Sister Mrs. Jane Poole wife
85    of Mr. George Poole of White Lackington Farm aforesaid absolutely
86    and the same to be for her sole and separate use and benefit and free
87    disposal Provided always that after the decease of my said Wife it shall
88    be lawful for the trustees or trustee for the time being of this my Will to
89    apply the whole or any part of the income of the presumptive share for
90    the time being under this my Will of each of my children in or towards
91    his or her maintenance and education and to accumulate the residue
92    (if any) of such income at compound interest for the benefit of the
93    person who shall eventually become entitled under this my Will
94    yhe capital or principal of such share and also after my said wifes
95    fecease or during her life with her consent to levy and raise and apply any part
96    not exceeding a moiety of the presumptive share for the time being of
97    rach of my children being as on in and for or towards his preferment
98    or advancement in the world or otherwise for his benefit or advantage
99    at the discretion of my said trustees or trustee for the time being But in
100    case I shall have no child living at my decease Then Upon Trust if
101    and whilst and so long as the interest dividends and annual proceeds from time to time of
102    the said residuary trust monies stocks funds and securities shall not
103    exceed the clear yearly sum of five hundred pounds sterling
104    inclusively of the income tax if any to pay the whole of such interest
105    dividends and annual proceeds to my said wife or her assigns during
106    her natural life to and for her or their own absolute use and benefit
107    but if and whilst and so long as the said interest dividends and annual
108    proceeds for the time being shall exceed the said clear yearly sum of five
109    hundred pounds sterling inclusively (as aforesaid) That Upon Trust and
110    during the life of my said wife to pay and divide the yearly surplus or
111    excess for the time being thereof over and beyond the said clear
112    yearly sum of five hundred pounds sterling (inclusively as aforesaid
113    in manner following (videlicet) two equal third parts thereof to her
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114    my said Wife or her assigns for her or their own absolute use and benefit and the
115    other and remaining equal third part thereof to my said Sister
116    Jane Poole or her assigns for her or their own absolute use and
117    benefit (as the case may require) to her executors or administrators as
118    as part of her personal estate And as to all the said residuary trust
119    monies stocks funds and securities from and after the decease of my
120    said wife In Trust for and for the sole and separate benefit of my said
121    Sister Jane Poole her executors administrators and assigns absolutely
122    and I do hereby declare that the income of such part of my real and
123    residuary personal estate respectively as for the time being shall
124    remain unsold and unconverted or outstanding shall go and be
125    applied in the same or the like manner as the same would go and
126    be applied if the same forms a part of the income of the said
127    residuary trust monies stocks funds and securities And I also declare
128    that if and when and so often as the net income of my residuary
129    estate for the time being recall after the decease of my great Uncle
130    John Powell Powell Esquire fall short of and not amount to a clear yearly
131    sum of four hundred pounds sterling (inclusively of the income tax
132    (if any)) the trustees or trustee for the time being of this my Will shall
133    on sale or mortgage or other disposition of the Corpus or Capital of such
134    residuary estate for the time being or of a competent part thereof levy
135    and raise and pay to my said wife or her assigns during her life such
136    a yearly sum as together with the income for the time being of such
137    residuary estate for the time being will make up to her for the time being
138    a full and clear annuity of four hundred pounds sterling free from all
139    charges and deductions whatsoever (except the income tax if any)
140    Provided always and I do hereby expressly declare that it shall be lawful
141    for the trustees or trustee for the time being of this my Will at their or his
142    sole and uncontrolled discretion to adjust and finally settle and determine
143    in such manner and upon such terms and conditions as they or he
144    shall in their or his judgement think fit and expedient all questions
145    disputed and suits if any such there shall be of and concerned or with
146    respect to my real and personal estate and effects or any part thereof
147    respectively or any charges or incumbrances or aligned charges or encumbrances upon or affecting the same
148    respectively or any part thereof respectively and to make such arrange-
149    ments relative to the division or partition of such estate and effects or any
150    part thereof respectively with the owner or owners of any other
151    ahare estate or interest of or in the same respectively or of the purchase
152    money to arise from the sale of the entirety thereof and to do and execute
153    and cause to be done and executed all such acts deeds conveyances
154    assurances matters and things as shall or may be deemed necessary or
155    convenient in that behalf as fully and effectually in all respects and to all
156    effects constructions and purposes whatsoever as they or he might or
157    could do or have done if they or he were the sole and absolute owners
158    or owner thereof and if they or he shall deem such course preferable or
159    necessary or expedient to act under the direction of a Court of Equity
160    or the sanction of a private Act of Parliament some part of my property
161    and the nature and extent of my rights and interests to and in it being
162    as painfully aware of a complicated and intricate and uncertain nature
163    Provided always and I do hereby declare my Will to be that the receipt or
164    receipts in writing of the trustees or trustee for the time being of this my
165    Will shall be a good and effectual release and discharge for all and
166    singular the monies which shall come to their or his hands by virtue
167    of or under this my Will or any of the trusts powers or authorities herein
168    declared or contained or for such much of such monies as in such receipt or
169    receipts respectively shall be acknowledged to be received and that the
170    person and persons paying such monies and taking such receipt or
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171    receipts for the same as aforesaid shall not afterwards be obliged to see to the
172    application or be in anywise answerable or accountable for the loss
173    Misapplication or nonapplication thereof or of any part thereof Provided
174    also and I do hereby declare it to be my Will that in case the said Daniel
175    Boys Frederick Lewes Austen and John Clements or any or either of them or
176    any future trustee or trustees to be appointed as hereinafter is mentioned
177    shall die or desire to be discharged of or from or shall neglect or refuse or
178    become incapable to act in the execution of the trusts and powers hereby in
179    them respectively reposed or in pursuance hereof to be reposed or shall go to
181    reside in parts beyond the Seas before the said trusts and powers shall have
182    been fully executed and performed or discharged then and in every such
183    case it shall and may be lawful to and for the said Daniel Boys Frederick
184    Lewes Austen and John Clements or the survivors or survivor of them or
185    other the trustees or trustee for the time being of this my Will other than and
186    except the trustees or trustee who shall have neglected or refused or become
187    incapable to act or shall have gone to reside beyond the Seas as aforesaid or
188    for the executors or administrators of the last surviving trustee or as the
189    case may require of the last acting and competent trustee by any writing
190    or writings under their or his hands and seals or hand and seal to
191    nominate substitute and appoint any other person or persons to be
192    trustee or trustees in the place or stead of the trustee or trustees so expiring or
193    desiring to be discharged or neglecting or refusing or becoming incapable
194    to act or going to reside beyond the Seas as aforesaid and that thereupon
195    all proper acts conveyances transfers assignments and assurances in the
196    law whatsoever shall be done made and executed so as legally and
197    effectually to vest all and singular the said several trust Estates monies
198    stocks funds securities and premises in such now or other trustee or trustees
199    jointly with such surviving or continuing trustee or trustees (if any or in
200    case there shall be no such surviving or continuing trustee therein)
201    such now trustee only as the case shall require Upon the same trusts
202    and for the same purposes as are hereinbefore declared of and continuing
203    the same several trust estates monies stocks funds securities and
204    premises respectively and which shall be then subsisting and undetermin-
205    ed or capable of taking effect and then and in such case all and every such
206    new trustees or trustee shall and may in all things act and assist in the
207    management carrying on and executing of the same trusts to all intents
208    effects constructions and purposes whatsoever and shall have and be
209    considered as vested with such and the same powers and authorities and
210    discretion in all respects as if he or they had been originally hereby
211    nominated and appointed a trustee or trustees for those purposes And I
212    will that the said Daniel Boys Frederick Lewes Austen and John
213    Clements and such new trustees as aforesaid respectively and that respective
214    their executors and administrations shall be charged and chargeable only
215    for such monies as they respectively shall actually receive by virtue of this
216    my Will or of any of the trusts powers or authorities aforesaid notwith-
217    standing his that or any of their signing or joining in any receipt or
218    receipts for the sake of conformity and that each of them shall be answerable
219    for himself and his own acts and wilful defaults only and that they or any
220    of them shall not be answerable for any Bank Banker or Broker or any
221    other person in which or in whose hands all or any of the said trust
222    monies shall or may be deposited nor for the insufficiency or deficiency of
223    any fund or security in or upon which the said trust monies or any sum
224    aforesaid nor for any other misfortune loss or damage which shall or
225    may happen in or about the execution or the exercise of the aforesaid trusts
226    or powers of any of them or in relation thereto except the same shall
227    happen by or through their own gross wilful default respectively And that
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228    it shall and may be lawful to and for the trustees aforesaid respectively
229    and their respective heirs executors and administrators to retain to and
230    reimburse themselves respectively and to allow to their respective cotrustee
231    and cotrustees all costs charges damages and expences whatsoever which
232    they respectively shall or may sustain suffer expend or disburse in or about
233    the execution or exercise of the aforesaid trusts or powers or any of them
234    or in relation thereto and especially that the said Daniel Boys and
235    Frederick Lewes Austen respectively and any future Trustee of this my Will
236    who shall or may be an Attorney or Solicitor shall be entitled to make the
237    same professional charges and to receive the same fees and allowances for
238    any business transacted for or relating to my estate and effects as they
239    respectively would be entitled to make and receive if they respectively were
240    not such Trustees any rule or maxim of Courts of Equity to the contrary
241    notwithstanding And I make and appoint the said Daniel Boys
242    Frederick Lewes Austen and John Clements and my said Wife and the
243    survivors and survivor of them Guardians and Guardian of the persons
244    and properties of my children (if any) during their respective minorities
245    and Lastly I hereby nominate constitute and appoint the said Daniel
246    Boys Frederick Lewes Austen and John Clements Executors of this
247    my Will and hereby revoking all former and other Wills by me at any time
248    heretofore made I declare this to be my last Will and Testament In
249    Witness whereof I the said Durell Blake the Testator have to this my last
250    Will and Testament contained in ten sheets of paper set my hand this
251    fourteenth day of September in the year of our Lord one thousand eight
252    hundred and forty seven Durell Blake Signed and
253    declared by the above named Durell Blake the Testator as and for his
254    last Will and Testament in the presence of us (both of us being present
255    together at the same time) who in his presence at his request and in the
256    presence of each other hereunto subscribe our names as witnesses
257    thereto Will[ia]m John Martin Jos[ia]h Jam[e]s Joyner
258    Clerks to Mess[ieu]rs Hale Boys and Austen Ely Pleece Holborne
259    Proved at London 12th July 1849 before The Worshipful Alfred
260    Waddilove doctor of Laws and Surrogate by the oath of John Clements
261    one of the Executors to whom Adm[inistrati]on was granted having been first
262    sworn duly to administer. Power reserved of making the like grant to
263    Daniel Boys and Frederick Lewes Austen the other Executors when they
264    shall apply for the same