Will of Thomas Blake, Esquire, Stratford under the Castle, Wiltshire - The National Archives PROB 11/2114/134, probated 12 Jun 1850

Thomas Blake, the testator, is known as he is a son of John Blake who left his will which was probated in 1818 and blogged:

http://kippeeb.blogspot.ca/2013/12/will-of-john-blake-gentleman-ford.html

John listed his children as Thomas, Elizabeth, William, Benjamin, Mary, Richard Michael and Charles as well as a deceased son John. He also mentioned his grand daughter Susan Blake (daughter of his deceased son John).

Thomas, present testator, as the eldest son is inheriting the bulk of the property to be then passed on to his son. Thomas does not mention any children in his will. Thomas appears on the 1841 Census at Stratford under the Castle and is listed as 70 years of age born in Wiltshire so would be at least 79 when he wrote his will. Living with him is his wife Ann listed as 77 years of age, Mary Evatt, 35 years of age, Harriet Evatt 30 years of age and Jane Blake 20 years of age. Jane is also born in Wiltshire but the others are not. Thomas is listed as Independent.

Elizabeth Soden Blake daughter of William Blake was married 27 Oct 1838 at Saint Thomas Winchester to William Taylor (son of John Taylor) (Family Search M13675-2).

Sometimes I am just lucky and this will which is very difficult to read has been partially transcripted in “The Law Times Reports: Containing all the Cases Argued and determined in Parliament, The House of Lords, The Privy Council, The court of appeal in Chancery, The Rolls Court, V.C. Stuart’s Court, V.C. Wood’s Court, V.C. Malin’s Court, The Court of Queen’s Bench, The Court of Common Pleas, The Court of Exchequer, The Bail Court, The Exchequer Chamber, The Court of Criminal Appeal, The Probate Court, The Court for Divorce and Matrimonial Causes, The admiralty Court, The Bankruptcy Court, At Kisi Prius, Maritime Law Cases, Together with a Selection of cases of Universal Application Decided in the Superior Courts in Ireland and In Scotland.. Volume 16, New Series, from March to August 1867, London: Horace Cox, 10, Wellington Street, Strand, W.C., page 279.

V. C. Malins’ Court
Reported by G.T. Edwards, Esq., Barrister at Law
Friday, March 15
Re: Blake’s Trusts

Will – Construction – Estate for life by implication.

A testator gave a fund upon trust to pay the dividends, etc., to A., the wife of B., for her life, and after her decease, if she should leave any child or children, upon trust to pay such dividends to B. for his life, and after his decease, then amongst the children of A. and B. But if A. should have no child who should acquire a vested interest in the fund, then after the decease of B. and A. to other persons absolutely. A. died without issue, leaving B. surviving:

Held, that B. took an estate for life by implication.

Thomas Blake, by his will dated the 23rd April 1849, among other bequests, gave and bequeathed as follows:

I give and bequeath unto Richard Blake, Charles Blake the younger, and Robert Bayspoole, the sum of 4000 l. New Three upon trust to pay the dividends and annual produce thereof and a Quarter, late Three and a Half per Cent. Bank Annuities, to Elizabeth Soden Taylor, wife of William Taylor, of Maraling, in the county of Southampton, during her life for her own use and benefit, independent of her husband, and to be in nowise subject or liable to his debts, control, disposition, or engagement, and so that the said Elizabeth Soden Taylor shall have no power to alien or anticipate the growing payments of the interest, dividends, or annual produce, or any part thereof, and from and after her decease, if she shall leave any child or children, upon tryst to pay the same dividends and annual produce to her husband William Taylor, if he shall survive his said wife, during his life, and from and after his decease upon trust to transfer and divide the said sum of 4000 l. New Three and a Quarter, late Three and a Half per Cent. Bank Annuities unto and equally between all and every the child and children of the said Elizabeth Soden Taylor, who shall attain the age of twenty-one years, or marry, for his, her, or their absolute use and benefit in equal shares.

Then followed trusts for maintenance:

And in case the said Elizabeth Soden Taylor shall have no child who shall acquire a vested interest in the said sum of 4000 l. New Three and a Quarter, late Three and a Half per Cent. Bank Annuities, under the trusts aforesaid, then I direct that my trustees shall stand possessed thereof and of the income arising therefrom, after the decease of the said William Taylor and Elizabeth Soden Taylor his wife, as to one moiety thereof, upon trust for my nephew William John Blake, his executors, administrators, and assigns, absolutely, and as to the other moiety thereof upon trust for Ann Bayspoole, her executors, administrators, and assigns absolutely.

The Testator died on the 27th April 1850; Elizabeth Soden Taylor died on the 28th Oct. 1866, without ever having had a child, leaving her husband William Taylor surviving her.

Although his late wife did not leave and never had a child, William Taylor on her death claimed to have a life-interest in the 4000 l., and the trustees paid the fund into court, and William John Blake and Robert Bayspoole and Ann his wife presented this petition, claiming to be absolutely entitled to the trust funds.

Boyle, for the petitioners, submitted that, in the events which had happened, Will Taylor did not take a life interest in the fund.

Rendall, for Mr Taylor contended that he took as tenant for life by implication.

Boyle in reply. Cases cited: Black v Bull, 1 Keen, 176; Doe v Somerset, 5 Burr.; 1 Jdarm. On Wills, 509; Cockshott v Cockshott, 2 Coll. Ch. C. 432; Bird v Hunston, 2 Swans 342; Townley v Bolton, 1 M. & K. 148.

The Vice Chancellor, after stating the will, said that it would be an absurd construction to hold that the interest of the petitioners was postponed till after the death of Mr Taylor, if Mr Taylor was not to take a life estate. The decision of Sir William Grant in Meads v Parry, 1 V. & B., 124, where a limitation over after a limitation which never took effect was established, was applicable to the present case, and he should hold that the husband took an estate for life in the fund. The costs of all parties would come out of the fund in court. Solicitors: Blake and Snow; Marshall, Westall, and Co.

Although this is a section of the will that I can actually read readily the verification of the spelling of names was quite handy and I repeat the entire section for the future.

The will of John Blake probated in 1849 is the nephew of Thomas and in the will Thomas does mention Mary in a bequest. This will was blogged earlier:

http://kippeeb.blogspot.ca/2013/12/will-of-john-blake-gentleman-ford-farm.html

The 1851 Census at Winchester lists the following for the Bayspoole family living at 62 High Street, Piece 1674, Folio 32, Page 25, Winchester St Thomas (from Find my past, marriage of Robert Bayspoole and Ann Blake 31 Jul 1831 at Winchester St Thomas):

Robert Bayspoole, head, married, male, 44 years, born 1807, hatter and furrier, born in Winchester, Hampshire
Ann Bayspoole, wife, married, 42 years, , born Hursley Hampshire
Charlotte Bayspoole, daughter, , 13 years, scholar, born Winchester, Hampshire
Fanny Bayspoole, daughter, , 11 years, scholar, born Winchester, Hampshire
Emily Bayspoole, daughter, , 10 years, scholar, born Winchester, Hampshire
Thomas [Blake] Bayspoole, son, , 9 years, scholar, born Winchester, Hampshire
Elizabeth Bayspoole, daughter, , 7 years, scholar, born Winchester, Hampshire
Lucy Bayspoole, daughter, , 6 years, scholar, born Winchester, Hampshire
Charles R[obert] Bayspoole, son, , 1 year, , born Winchester, Hampshire\
Ann Hoare, servant, unmarried, 20 years, house servant, born Itchin Abbas, Hampshire

An online chart for the Bayspoole family at Ancestry (http://trees.ancestry.co.uk/tree/50656229/person/13224596412/photox/c2835aff-ba5f-48ff-96d7-d67340444044?src=search ) lists a marriage for Emily to a Dr Thomas John Blake with sons Thomas Fitzroy Blake and Charles Wiltshire Blake. Free BMD shows this marriage at Croydon, Sussex September quarter 1873. This family does appear on the 1881 census at Hendon Middlesex and Thomas J Blake is 61 years of age and born at Tidminster Wiltshire and his qualification is listed as MD LRCP. The sons are born at Kilburn Middlesex.

Thomas John Blake does appear on the 1871 census married to Elizabeth (50 years of age, born at Salisbury and they appear not to have any children, he is a qualified physician and he was born at Idmiston). Is he a son of Benjamin Blake brother to the testator? Found again on the 1861 census at Salisbury, Wiltshire, married to Elizabeth and he is a licensed physician and they have one daughter Emily Sophia d14 years of age born at Salisbury. His place of birth Idmiston again. On the 1851 census at Salisbury, he is a surgeon and there is another daughter Agnes F 9 years of age born at Salisbury. His place of birth Idmiston.

Names mentioned in the will:
Thomas Blake, testator, Stratford under the Castle
Ann Blake, wife of testator
Ann Bayspoole, niece, Winchester, Hampshire
Robert Bayspoole, nephew in law, trustee, executor, hatter, Winchester, Hampshire
Thomas Blake, nephew, son of Benjamin Blake
Elizabeth Sutton, niece, daughter of Benjamin Blake
Sara Blake, niece, daughter of Benjamin Blake
Richard Blake, nephew, Banker’s Clerk, Salisbury
Charles Blake, the younger, nephew, No 68 London Wall, Middlesex, Solicitor
Susan Sutton, niece, Winterbourne, Wiltshire
George Sutton, husband of Susan, driller, Winterbourne, Wiltshire
William John French, the elder, gentleman, Wilton, Wiltshire
Mary Blake, niece, widow of nephew John Blake of Ford
Harriet Cottle Evatt, wife’s niece, Stratford
Mr Alexander, land owner
Charles Blake, brother, gentleman, Idmiston, Wiltshire
Susan Smith, niece, widow
Elizabeth Soden Taylor, Nursling, Hampshire
William Taylor, husband of Elizabeth Soden Taylor, Nursling, Hampshire
William John Blake, nephew
George Brown, indentee
Elizabeth Brown, indentee
John Blake, brother, deceased
Matthew Thomas Hodding, solicitor, Salisbury, witness
W J Dudman, clerk to M T Hodding
Mary Evatt, sister in law
Mary Ann Evatt, wife’s niece
Charles Marsh Lee, Solicitor, witness, Salisbury
James Sutton, clerk to Charles Marsh Lee, witness
Emma Blake, witness
Richard Blake, witness, Ford, Wiltshire

Is the Richard Blake, trustee in the will, the Richard Blake who is a witness and living at Ford? There is a Richard Blake son of Charles Blake living at Idmiston on the 1851 census. Charles is 62 years of age, farmer of 1000 acres and born at Ford. There is also a son Edward 24 years and a daughter Elizabeth 21 years. A few mysteries to solve in this family.

Transcriber: Elizabeth Kipp
Recorded: 30 Dec 2013
Source: The National Archives, PROB 11/2114/134
Testator: Thomas Blake, Esquire
Place: Stratford under the Castle, Wiltshire, England
Type of Record: Will
Date of document: 23 Apr 1849, probated 12 Jun 1850
Condition: 19th century English, legible copy

[Margin]: Thomas
[Margin]: Blake Esq[uie]r
[Margin] 50.

1    This is the Last Will and Testament
2    of me Thomas Blake of Stratford under the Castle in the County
3    of Wilts Esquire made and published this twenty third day of April
4    one thousand eight hundred and forty nine I give to my dear Wife
5    Ann Blake All my household furniture plate linen pictures china
6    wines and other liquors and also all my horses and carriages Also
7    I give to my said wife the sum of five hundred pounds sterling
8    and I direct that the same shall be paid to her within three months
9    after my decease I give to my Niece Ann Bayspoole Wife of Robert
10    Bayspoole of the city of Winchester Hatter the sum of Two thousand
11    and five hundred pounds Bank stock I give to my Nephew Thomas
12    Blake son of my Brother Benjamin Blake the sum of three thousand
13    pounds sterling To my niece Elizabeth Sutton the sum of one thousand
14    pounds sterling and to my niece Sara Blake the sum of one thousand
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15    pounds sterling which said Elizabeth Sutton and Sarah Blake are
16    daughters of my said Brother Benjamin Blake I give to Richard
17    Blake of Salisbury in the County of Wilts Banker’s Clerk, to Charles
18    Blake the younger of No. 68 London Wall in the County of Middle-
19    sex Solicitor and to the said Robert Bayspoole of Winchester Hatter each
20    the sum of one thousand pounds sterling Upon Trust to invest the same
21    in their own names in government or real securities in England and
22    to pay the dividends interest and annual produce thereof to my Niece
23    Susan the Wife of George Sutton of Winterbourne in the County of
24    Wilts Driller for her own separate use during her life and to be free
25    from the debts control or engagements of the said George Sutton And
26    I direct that her receipts alone shall notwithstanding her coverture
27    be a sufficient discharge for the same And from and after her decease
28    Upon trust to pay the dividends interest and annual produce of the
29    said trust money to the said George Sutton during the time of his
30    natural life and after the decease of the survivor of them the said
31    Susan Sutton and George Sutton Upon trust to transfer and divide
32    the same sum of one thousand pounds or the stocks funds and securi-
33    ties whereon the same might be invested unto and equally between
34    all and every the child and children of the said Susan Sutton who
35    shall attain the age of twenty one years or marry for his her and
36    their absolute benefit And I direct that if at the decease of the survi-
37    vor of them the said George Sutton and Susan Sutton his Wife any
38    of their children shall be under the age of twenty one years and
39    unmarried then the annual income arising from his her or their
40    presumptive share or respective shares shall be applied by my trustees
41    to the maintenance and education of such child or children respectively
43    And in case the said Susan Sutton shall leave no child who shall
44    acquire a vested interest in the said sum of one thousand pounds
45    under the trust aforesaid then I direct that my trustees shall stand
46    possessed thereof and of the income arising therefrom after the death
47    of the said Susan Sutton and of her child or children so dying with-
48    out acquiring a vested interest as aforesaid Upon trust for the said
49    George Sutton his executors administrators and assigns I give to William
50    John French the elder of Wilton in the County of Wilts Gentleman the
51    sum of two thousand and five hundred pounds Bank Stock I give to
52    my Niece Mary Blake the Widow of my late Nephew John Blake
53    of Ford the sum of two thousand and five hundred pounds Bank
54    stocks for her own use absolutely I give and devise to my Wife’s Niece
55    Harriet Cottle Evatt the cottage and piece of freehold ground at Strat-
56    ford aforesaid and now in her own occupation which lies east of the
57    parish was and is bounded by Elm Plot and by a leasehold tenement
58    held under Mr Alexander To hold to her the said Harriet Cottle Evatt
59    her heirs and assigns for ever I give and bequeath the leasehold
60    property situate at Stratford aforesaid which I hold under the
61    Chancellor of the Cathedral Church of Salisbury to my Wife Ann
62    Blake for life and after her decease I give the same to Richard Blake
63    of Salisbury aforesaid Banker’s Clerk To hold unto the said Richard
64    Blake his executors administrators and assigns for all the estate and
65    interest which I shall then have therein I give and devise all my
66    freehold estates situate at Stratford and Ford and elsewhere in the
67    County of Wilts (except that I have herein before devised) To the uses
68    following that is to say To the use of the said Richard Blake Charles
69    Blake the younger and Robert Bayspoole their executors administra-
70    tors and assigns for the term of one hundred years to commence and be
71    computed from the day of my decease and thenceforth next ensuing and
72    fully to be complete and ended without impeachment of waste Upon
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73    and for the trusts intents and purposes and subject to the powers provisoes
74    and determination hereinafter expressed concerning the same And from and
75    after the determination of the said term of one hundred years and in the
76    meantime subject thereto and to the trusts thereof To the use of my brother
77    Charles Blake of Idmiston in the County of Wilts Gentleman and his
78    assigns during the term of his natural life without impeachment of
79    waste and from and after his decease To the use of his son the said
80    Charles Blake the younger of No. 68 London Wall in the County of
81    Middlesex his heirs and assigns for ever I give devise and bequeath
82    all the leasehold and copyhold or customary messuages lands tenements
83    and hereditaments whatsoever situate in the County of Wilts which I
84    shall be possessed of or interested in at the time of my decease except the
85    leasehold property hereinbefore given to my Wife and the said Richard
86    Blake unto the said Richard Blake Charles Blake the younger and
87    Robert Bayspoole their heirs executors administrators and assigns for
88    all the estate and interest which I shall have therein respectively at
89    the time of my decease To the same uses and upon the same trusts as
90    are hereinbefore declared and contained concerning the said term of one
91    hundred years in my freehold estates hereinbefore devised or as near
92    thereto as the different tenures of the said leasehold and copyhold estates
93    and other other tenure and tenures will apoint of And as to the said term of one hun-
94    dred years hereinbefore limited to the said Richard Blake Charles Blake
95    the younger and Robert Bayspoole I declare that the same term is so
96    limited to them Upon trust that they the said Richard Blake Charles
97    Blake the younger and Robert Bayspoole or the survivors or survivor
98    of them or the executors or administrators of such survivor shall and do on
99    and out of the rents and profits of the said hereditaments and premises or
100    any of them or by bringing actions against the tenants or occupiers of the
101    same hereditaments or any of the for the rents then in arrear or by
102    bonding arguing mortgaging selling or otherwise disposing of the said
103    hereditaments and premises comprised in the said term of one hundred
104    years or any of them or any part thereof for the whole or any part of the
105    said term or by any other reasonable ways and means levy and raise
106    during the life of my said Wife Ann Blake the annual sum of four hun-
107    dred pounds and also during the life of my Niece Susan Smith Widow
108    levy and raise the further annual sum of one hundred pounds and do
109    and shall pay the same annual sums respectively to my said Wife
110    Ann Blake and the said Susan Smith respectively and their respective
111    executors by equal quarterly payments the first payment thereof to be
112    made at the expiration of three calendar months after my decease And
113    I hereby declare that it shall be lawful for the said Richard Blake
114    Charles Blake the younger and Robert Bayspoole or the survivors or
115    survivor of them and the executors or administrators of such survivor
116    to sign and give receipts in writing for the sum or sums of money so to be
117    raised by them or him as aforesaid and that the person or persons
118    paying or advancing the same respectively and taking such receipt or
119    receipts shall not be answerable or accountable for the loss misapplica-
120    tion or nonapplication thereout provided always and I declare that
121    from and immediately after the trusts hereinbefore declared of and con
122    cerning the said term of one hundred years shall in all respects be
123    fully performed and satisfied or shall become immediately or incapable
124    of taking effect and the said Richard Blake Charles Blake the younger
125    and Robert Bayspoole their executors administrators and assigns shall
126    be fully reimbursed and satisfied all costs charges and expences if
127    any has been incurred by or relating to the trusts thereby reposed in them
128    for raising the annual amount and amounts and which costs and expences
129    they are hereby entitled and empowered to have and receive by all or
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130    any of the ways and means aforesaid and to retain accordingly the same
131    term shall as to all the said hereditaments comprised therein or as to and
132    of the same hereditaments as shall not have been sold or mortgaged for the
133    purposes aforesaid absolutely cease and determine And subject as afore-
134    said I give devise and bequeath the said leasehold and copyhold or
135    customary messuages lands tenements and hereditaments except the lease
136    hold property given to my Wife and the said Richard Blake as aforesaid
137    Unto and to the sons of my said Brother Charles Blake and his assigns
138    during the term of his natural life And after his decease then unto and
139    to the use of his Son the said Charles Blake the younger his executors
140    administrators and assigns I give and bequeath unto the said Richard
141    Blake Charles Blake the younger and Robert Bayspoole the sum of
142    four thousand pounds new three and a quarter late three and a half
143    per centum Bank annuities Upon trust to pay the dividends and annual
144    produce thereof to Elizabeth Soden Taylor Wife of William Taylor of
145    Nursling in the County of Southampton during her life for her own use
146    and benefit independent of her husband to be in nowise subject
147    or liable to his debts control disposition or engagements and so that
148    the said Elizabeth Soden Taylor shall have no power to alien or antici-
149    pate the growing payments of the dividends interest and annual produce
150    or any part thereof And from and after her decease if she shall leave
151    any child or children Upon trust to pay the same dividends and
152    annual produce to her husband William Taylor if he shall survive
153    his said Wife during his life And from and after his decease Upon
154    trust to transfer and divide the said sum of four thousand pounds
155    New three and a quarter late three and a half per centum Bank an-
156    nuities unto and equally between all and every the child and children
157    of the said Elizabeth Soden Taylor who shall attain the age of twenty
158    one years or marry for his her or their absolute use and benefit in equal
159    shares And I direct that if at the decease of the survivor of them the
160    said William Taylor and Elizabeth Soden Taylor his Wife any of their
161    children shall be under the age of twenty one years and unmarried
162    then the annual income arising from his her or their presumptive share
163    or respective shares shall be applied by my trustees for the maintenance
164    and education of such child or children respectively And I direct that
165    the unapplied portion of any of such income shall from time to time be
166    added to the capital of the share whence the same shall have arisen
167    but nevertheless the same shall continue liable to be applied if occasion
168    shall require to the maintenance and education of the child or children
169    respectively from whose presumptive share or respective shares the
170    same shall have arisen And in case the said Elizabeth Soden Taylor
171    shall leave no child who shall acquire a vested interest in the said
172    sum of four thousand pounds new three and a quarter late three and a
173    half per centum bank annuities under the trusts aforesaid then I direct
174    that my trustees shall stand possessed thereof and of the income arising
175    therefrom after the decease of the said William Taylor and Elizabeth
176    Soden his Wife As to one moiety thereof Upon trust for my Nephew
177    William John Blake his executors administrators and assigns absolute-
178    ly And as to the other moiety thereof Upon trust for the said Ann
179    Bayspoole her executors administrators and assigns absolutely I give
180    and bequeath unto the said Richard Blake Charles Blake the
181    younger and Robert Bayspoole the sum of four thousand pounds the
182    stock new three and a quarter late three and a half per centum
183    bank annuities Upon trust to transfer and devise the same unto and
184    equally between the three children of my Nephew William John
185    Blake by his first marriage upon their respectively attaining the
186    age of twenty one years or marrying under that age which shall
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187    first happen And I declare my Will to be that if any or either of them
188    shall die under the age of twenty one years without having been married
189    then the share or shares of them him or her so dying shall go and accrue
190    to the survivors or survivor or others or other of them so attaining the
191    age of twenty one years or marrying as aforesaid But in case they shall
192    all die under age and without marrying as aforesaid then I direct
193    my said trustees to pay the said sum of four thousand pounds stock to
194    the said William John Blake his executors administrators and
195    assigns I give and bequeath to the said Richard Blake Charles Blake
196    the younger and Robert Bayspoole the sum of two thousand and
197    five hundred pounds bank stock and I direct that they shall stand
198    possessed thereof Upon the same trusts and to and for the same ends
199    intents and purposes and with under and subject to such and the same
200    powers provisions and declarations as are expressed and declared in and
201    by a certain Indenture bearing date the tenth day of November one
202    thousand eight hundred and forty and made between myself the said
203    Thomas Blake of the first part George Brown and Elizabeth his wife
204    of the second part and the said William John French John Blake
205    deceased and Charles Blake of the third part of and concerning the
206    sum of two thousand pounds hereby settled And as to all the rest
207    and residue of my real and personal estate and effects whatsoever
208    and wheresoever and of what nature or kind soever I give devise
209    and bequeath the same in manner following that is to say As to one
210    fourth part thereof I give devise and bequeath the same unto my
211    Nephew the said Charles Blake the younger his heirs executors ad-
212    ministrators and assigns as to one other fourth part thereof I give
213    devise and bequeath the same to the said Ann Bayspoole the Wife of
214    the said Robert Bayspoole her heirs executors administrators and
215    assigns As to one other fourth part thereof I give devise and bequeath
216    the same unto the said Richard Blake his heirs executors administra-
217    tors and assigns As to one eighth part thereof I give devise and bequeath
218    the same to the said William John French the elder his heirs execu-
219    tors administrators and assigns And as to the remaining one eighth
220    part thereof I give devise and bequeath the same to the said Rich-
221    ard Blake Charles Blake the younger and Robert Bayspoole And
222    I direct that they shall stand possessed thereof Upon the same
223    trusts and to and for the same ends intents and purposes and with
224    under and subject to such and the same powers provisoes and decla-
225    rations as are expressed and declared in and by the before mentioned
226    Indenture bearing date the tenth day of November one thousand
227    eight hundred and forty and made between myself the said Thomas
228    Blake of the first part the said George Brown and Elizabeth his
229    Wife of the second part and the said William John French John
230    Blake deceased and Charles Blake of the third part of and concerning
231    the sum of two thousand pounds thereby settled I give and devise
232    to the said Richard Blake Charles Blake the younger and Robert
233    Bayspoole and their heirs All the real estate now vested in me as
234    a trustee Upon trust to carry into effect the trusts and purposes affect-
235    ting the same And I also give and devise unto the said Richard
236    Blake Charles Blake the younger and Robert Bayspoole and their
237    heirs All the real estate now vested in me as a Mortgagee Upon
238    trust to stand seized thereof subject to the equity of redemption
239    subsisting therein and upon the receipt or discharge of the moneys
240    secured on mortgage to execute such assurance of the legal estate of
241    the mortgagee hereditaments as the nature of the case may
242    require Provided and I do hereby declare that it shall be lawful
243    for the said trustees or trustee for the time being of this my Will at
244    any
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245    any time or from time to time to sell and dispose of any stock funds and
246    securities whereon any of my trust monies for the time being shall or may
247    happen to be invested And to invest the money to arise from such Sale
248    in any other of the stocks or funds or other Government securities of the
249    United Kingdom or on mortgage of freehold copyhold or leasehold estates
250    in England or Wales and to vary and transfer the same as often as occasion
251    shall require or as shall be thought fit Provided also and I hereby declare
252    that in case the said Richard Blake Charles Blake the younger and
253    Robert Bayspoole or any or either of them shall die in my lifetime or
254    shall renounce the execution of the Note hereby executed or in case the said
255    Richard Blake Charles Blake the younger and Robert Bayspoole or
256    any or either of them or any trustee or trustees to be appointed under
257    this present provision shall afterwards die or shall be absent from the
258    United Kingdom for the space of six Calendar months at one time or
259    shall otherwise become unable or unwilling to act in the aforesaid
260    trusts then and so often as the same shall happen it shall be lawful
261    for the surviving or continuing trustees or trustee or if there be no such
262    trustee than for the retiring or renouncing trustee for the time being or
263    if there be no such last mentioned trustee then for the executors or
264    administrators of the last deceased trustee to nominate any fit person or
265    persons to supply the place or places of the trustee or trustees respectively
266    so dying residing abroad or becoming unwilling or unable to act as
267    aforesaid and such new trustee or trustees shall have and be capable
268    of exercising all the powers and authorities whatsoever hereinbefore
269    contained in the same manner to all intents and purposes as if he or
270    they had been appointed a trustee or trustees by this my Will provided
271    also that the trustees for the time being of this my Will shall be
272    charged and chargeable with such sums only as they respectively shall
273    actually receive by virtue of the trusts hereby reposed in them notwith-
274    standing their joining in any receipt or receipts or doing any other act
275    for the sake of conformity and that they or any of them shall not be
276    answerable or accountable for any involuntary loss misfortune or
277    damage which may happen in the execution of the aforesaid trusts or
278    in wherein thereto Provided also and I hereby lastly declare that it
279    shall be lawful for the said trustees or trustee for the time being of
280    this my Will by and out of the money which shall come to their or
281    his hands by virtue of the trusts aforesaid to deduct retain and reim-
282    burse themselves respectively or himself and also to allow to each
283    other all costs charges damages and expenses and fees to Counsel for
284    advice which they or any of them may sustain disburse or incur
285    in or about the execution of the aforesaid trusts or in relation thereto
286    And I hereby revoke all former wills by me at any time heretofore
287    made and I nominate and appoint the said Richard Blake Charles
288    Blake the younger and Robert Bayspoole Executors of this my will
289    In Witness whereof I the said Thomas Blake the Testator have
290    to this my Will and Testament contained in eight sheets of paper
292    set my hand and seal (that is to say) to the first seven sheets thereof
293    my hand and to this eighth and last sheet my hand and seal the
294    day and year first hereinbefore written Thos Blake
295    Signed Sealed published and declared by the above named Thomas
296    Blake as and for his last Will and Testament in the presence of us
297    who in his presence at his request and in the presence of each
298    other have subscribed our names as Witnesses thereto the same having
299    been previously read out and fully explained to him on consequence
300    of his blindness Matt: Tho Hodding Sol[icito]r Salisbury W J Dudman
301    his clerk
    [Page 7]
302    I Thomas Blake of Stratford in the County of Wilts
303    Esquire do publish and declare this to be a Codicil to my last Will and
304    Testament I direct the trustees named in and by my said Will and I
305    hereby give to them and each of them full power and authority to pay
306    the various bequests made to my Wife Ann Blake by my said Will and
307    every part thereof respectively to her Sister Mary Evatt and her Nieces
308    Mary Ann Evatt and Harriet Cottle Evatt daughters of the said
309    Mary Evatt and the survivors or survivor of them to be paid and applied
310    as by them for the maintenance and benefit of my said Wife according
311    to their direction and I direct that the receipt or receipts to be from
312    time to time given by them the said Mary Evatt Mary Ann Evatt
313    and Harriet Cottle Evatt or either of them to my said trustees for the
314    aforesaid monies or any of them or any part of the same respectively
315    shall be a good and sufficient discharge to my said trustees for the
316    same I confirm my said Will in all other respects Witness my hand
317    this twenty third day of April one thousand eight and forty
318    nine Thos Blake Signed published and declared by the
319    above named Thomas Blake as and for a Codicil to his last Will
320    and Testament in the presence of us who in his presence at his request
321    and in the presence of each other have subscribed our names as Witnesses
322    thereto the same having been previously read over and fully explained
323    by them in consequence of his blindness Matt: Tho: Hodding Solr
324    Salisbury W. P. Dudman his Clerk
325    This is a second Codicil to the last Will and Testa-
326    ment of me Thomas Blake of Stratford in the County of Wilts Esquire
327    such Will bearing date the twenty third day of April instant I give and
328    bequeath to my housekeeper Mary Ann Evatt Spinster the sum of two
329    thousand pounds to be paid by my executors immediately after my
330    decease provided she shall be living in my service at the time of
331    my death In witness whereof I the said Thomas Blake have to
332    this second Codicil to my last Will and Testament set my hand this
333    thirtieth day of April one thousand eight hundred and forty nine
334    Thos Blake Signed by the said Thomas Blake the Testator
335    as and for a Codicil to his last Will and Testament in the presence
336    of us who at his request in the presence of each other have here
337    unto subscribed our names as witnesses the same having been first
338    read over and fully explained to him Chas Marsh Lee Solicitor
339    Salisbury James Sutton his Clerk
340    This is a Codicil to my Will dated the twenty third day
341    of April one thousand eight hundred and forty nine Whereas I have
342    stated by my said Will given and bequeathed to my dear Wife the fur-
343    nature plate Linen china and other the things in and about my house
344    at Stratford wherein I live And whereas it is my wish that my said
345    Wife should have the use and enjoyment thereof for life and that
346    after her decease the same should go to and belong to my dear Wifes
347    dear Niece Mary Ann Evatt therefore I do hereby revoke my said gift
348    and bequeathed contents in my said Will and in lieu thereof I do hereby
349    give the said furniture plate linen china goods and only the things
350    in and about me and devise to my dear Wife for life and
351    after her decease I give and bequeath the same to my dear Wife’s
352    Sister only Mary Evatt and for her absolute use and benefit In
353    witness where I have hereunto set my hand this nineteenth day of
354    February one thousand eight hundred and fifty Thos Blake
    [Page 8]
355    Signed and declared by Thomas Blake of Stratford in the County of Wilts
356    Esquire as and for a Codicil to his last Will and Testament in the presence
357    of us present at the same time who at his request in his presence and in the
358    presence of each other have subscribed our names as witnesses hereto
359    Emma Blake Richard Blake of Ford
360    In the Prerogative Court of Canterbury
361    In the Goods of Thomas Blake Esquire deceased
362    Appeared Personally Charles Marsh Lee of Salisbury
363    in the County of Wilts Gentleman one of the subscribed Witnesses to the
364    second Codicil to the last Will and Testament with three Codicils thereto of the
365    said Thomas Blake late of Stratford under the Castle in the County of
366    Wilts Esquire deceased the said Will bearing date the twenty third day of
367    April one thousand eight hundred and forty nine and the said three
368    Codicils bearing date respectively the twenty third day of April one thousand
369    eight hundred and forty nine the thirtieth day of April one thousand
370    eight hundred and forty nine and the nineteenth day of February one
371    thousand eight hundred and fifty and being hereunto annexed and the
372    deponent having now inspected the said second Codicil made said that
373    on the said thirtieth day of April the said Testator duly executed the said
374    second Codicil by signing his name at the foot or end thereof in the pre-
375    sence of said deponent and of James Sutton the other subscribed Witness
376    thereto who were both present at the time and this deponent and the
377    said James Sutton thereupon attested and subscribed the said second
378    Codicil in the presence of the said Testator and of each other The same
379    having been previously read over and fully explained to the said Testator
380    in consequence of his being blind Chas Marsh Lee On the tenth
381    day of June 1850 the said Charles Marsh Lee was duly sworn to the
382    truth of this Affidavit by virtue of the annexed Commission before me
383    C. F. Edge Commissioner
384    Proved at London with three Codicils 12th June 1850 before the
385    Worshipful Alfred Waddilove Doctor of Laws and Surrogate by the oaths
386    of Richard Blake Charles Blake the younger the Nephew and Robert
387    Bayspoole the executors to whom adm[inistrati]on was granted having been
388    first sworn duly to administer

Will of John Blake, Gentleman, Ford, Laverstock, Wiltshire - The National Archives PROB 11/1607/279, probated 19 Aug 1818

The testator, John Blake, is also of Ford, Laverstock Wiltshire and the will of John Blake probated earlier is interesting in regard to this one. In that will John mentions his son John and his daughter Anne married to William Carter. The Portbury online tree (http://www.portbury-hundred.co.uk/admiralreport.htm) has this John leaving the earlier will in probated in 1717 as the son of Nicholas Blake and Joan Question. There is a very large fond at the Wiltshire and Swindon Archives from Wilson’s Solicitors at Salisbury which includes the Blake family of Winterbourne Earls and Laverstock.

[no title]  1214/2  1843-1854

Contents:
Papers relating to the estate of John Blake decd., Ford farm, Laverstock. Copy of his will proved 1849, valuation of his live and dead stock and household goods, accounts for the running of the farm, details of debts, vouchers and residuary accounts. Lease of land at Ford granted to him 1843

[no title]  1214/7  1828-1847

Contents:
Farm account book of the Blake family of Ford, Laverstock and Winterbourne Earls; principally sales of grain and wool with household and general farm accounts; valuation of stock, 1828.

[no title]  1214/1  1841-1842, 1856

Contents:
Papers relating to the estate of Benjamin Blake decd., Winterbourne Earls, yeo. copy of his will and inventory 1841, vouchers and accounts 1841-1842, release and residuary accounts 1856

[no title]  1214/3  1851-1868

Contents:
Papers relating to the estate of Thomas Blake decd., Winterbourne Earls including residuary accounts; valuations of his property and live and dead stock 1851, accounts of debts, vouchers and releases.

[no title]  1214/4  1851

Contents:
Thomas Blake decd., Winterbourne Earls, executors' accounts.

But how to relate this family at Laverstock back to Nicholas Blake at Dunster?

Protestation Returns for Laverstock and Ford 1641/42:

http://www.wiltshire-opc.org.uk/Items/Laverstock%20&%20Ford%20-%20Protestation%20Return%201641-1642.pdf

There are no Blake families listed in this parish at that time.

Protestation Returns for Winterbourne Earls 1641-42:

http://www.wiltshire-opc.org.uk/Items/Winterbourne%20Earls%20-%20Protestation%20Return%201641-1642.pdf

There are no Blake families listed in this parish at that time.

Helpful information as this implies that the Blake family at Ford arrived after 1641-42 which fits the wills and would also fit into Mary Mason’s thought that this family is descendant of Nicholas Blake (brother to Admiral Robert Blake) and Jone Question.

John Blake left his will at Ford, Laverstock in 1717. His brother was Zachary Blake of Newton Toney and his sister was Debora Sheppard. His children were John Blake and Anne Carter (husband William Carter). He was related to Charles Blake of Wallop. I wondered if he was related to the Andover line because they are so close to Andover. Why does the Portbury website (Mary Mason) have this John as a son of Nicholas Blake and Jone Question? I may write to Mary and ask her thoughts on why she made this connection.

If this is correct then this line is collateral to the line of Admiral Robert Blake since Nicholas was his brother. The Portbury website has John as Number 90. Stating that he died in 1716 at Ford, Laverstock. That he was married to Elizabeth and that they had the following children: John born in 1690, Anne married to Carter, Deborah married to Shepherd and Thomas who died in 1703. Looking back in the chart Number 90 is the son of Captain Nicholas Blake, who was born 31 Aug 1609 in Bridgwater and he died in 1696 when he was 86 years of age. Nicholas married Joan Question daughter of John Question and she was born in Dunster and died in 1696. They were said to have had the following children: John (-1717), William (1658-1743), Nicholas, Elizabeth married to Nicholas Rowe and Zachary.

Information on William has him born in 1658 in Dunster and dying in 1743. He was said to have married Margaret Sealey, daughter of William and Mary Sealey and was born in 1710. Margaret died in Minehead 25 Aug 1792 at 82 years of age. They had the following children: Thomas (- 1750), Samuel, Sarah married to Edward Dunne, Elizabeth, Suzanne and William (1697-1743).

Information on Nicholas has him as a merchant of London married to Elizabeth Prideaux. They had the following children Alexander, John and Nicholas (-1682).

Information on Zachary Blake is limited to one child Zachary (1692-1757).

It would be interesting to discover whether Mary Mason has linked the wills of this family back to the chart she has for the families collateral to Admiral Blake. None of these lines lead to the current Testator however in Mary’s chart. Is this John a grandson of John who died at Ford in 1716/1717?

The current Testator lists his children as: Thomas, Elizabeth, William, Benjamin, Mary, Richard Michael and Charles and a deceased son John. His wife is named Elizabeth. His grand daughter Susan Blake is a daughter of his deceased son John.

An interesting tree on World Connect looking at a Benjamin Blake who was a son of John Blake. This John was baptized 12 Feb 1724 at St Martin, Salisbury and was buried 7 Jun 1807 at Laverstock. His wife though was named Mary. This John was said to be the son of John Blake born 1690 buried 26 Aug 1766 at Laverstock (from Ford) and his wife Jane Sainsbury born 12 Mar 1692 at West Lavington Wiltshire. John and Jane were married 10 Nov 1712 in Market Lavington. The submitter does not take this family back to Nicholas Blake and Jone Question.

http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=buchroeder&id=I332057

Certainly Mary Mason’s records more closely match the wills in terms of the names of wives and the children, siblings.

The wife of John is named Elizabeth and their marriage from Find My Past 15 Dec 1767, John junior Blake of Ford, bachelor, gent, 24 years of age married Elizabeth Fanstone, spinster, 21 years of age of Downton (Wick) and married at Downton with Bondsman John Blake, senior, Gentleman, Stratford sub Castle. 

I appear to be missing one John Will for Wiltshire and will have to go back through my downloads to see if I can find it. Although I am considering just buying it considering that it will take a long time to check through the downloads. It is John Blake 1775 at Salisbury. I did purchase this will and a transcription will appear shortly.

Transcriber: Elizabeth Kipp
Recorded: 13 Dec 2013
Source: The National Archives, PROB 11/1607/279
Testator: John Blake, Gentleman
Place: Ford, Laverstock, Wiltshire, England
Type of Record: Will
Date of document: 22 Jun 1792, probated 19 Aug 1818
Condition: 19th century English, legible copy

[Margin]: John
[Margin]: Blake
[Margin]: 38

1    This is the Last Will and Testament of me John
2    Blake of Ford in the parish of Laverstock in the County of Wilts
3    Gentleman made the twenty second day of June in the year of our
4    Lord one thousand seven hundred and ninety two I give to my
5    dear Wife Elizabeth Blake one Moiety or half part of all my household
6    Goods and Furniture Linen Woollen China and plate for the term of
7    her Life and I also give my said Wife the joint use with my son Thomas
8    of my Dwelling house and Garden wherein I now live for and during
9    her life I further give to my said wife for and during the term of her
10    life One annuity or yearly Rent charge of Forty pounds of lawful
11    money of Great Britain clear of and above all rates and
12    taxes whatsoever charges upon and to be issuing and payable
13    to her by four quarterly payments in the year that is to say Lady
14    Day, Midsummer day, Michaelmas Day and Saint Thomas Day
15    out of my Freehold Messuage or tenement Farm Lands and
16    hereditaments at Ford aforesaid the first payment thereof to
17    begin on such of the quarter days aforesaid as shall first and
18    next happen after my death and I empower my said Wife to
19    distrain on the said Freehold messuage or tenement farm Lands
20    and heredi[tamen]ts so charged with the same in case of nonpayment
21    thereof for the space of twenty days after either of the said
22    quarterly days of payment and for want of sufficient distresses to
23    enter upon and enjoy the premises until payment thereof and
24    all arrears thereof and all charges occasioned by the nonpayment of
25    the same I give to my six Children Elizabeth Blake William Blake
26    Benjamin Blake Mary Blake Richard Michael Blake and
27    Charles Blake the sum of eight hundred pounds each to be payable
28    when and as they shall respectively attain the age of twenty
29    one years with interest at the rate of four pounds p cent p ann
30    in the maintenance for their support and education and in case
31    any or either of my said six Children Elizabeth Blake William
32    Blake Benjamin Blake Mary Blake Richard Michael Blake
33    and Charles Blake shall happen to die under the age of twenty one
34    years then and in that case I give the Legacy of him her or them
35    so dying unto the survivors or survivor of my said six children
36    to be equally divided amongst them and be payable when and as
37    their original Legacies become payable with interest in the
38    meantime as aforesaid provided always in case I shall at
39    any time hereafter in my lifetime advance to any or either of
40    my said six children any sum or sums of money by way of
41    marriage portion or for their apprenticeship or other advancement
42    in
    [Page 2]
43    in Life then I hereby will and direct that the same shall be considered to be
44    and shall be taken as part of his her or their Legacy or sum of Eight hundred
45    pounds hereinbefore given to them I give to my Grand daughter Susan
46    Blake the daughter of my late son John Blake the Sum of One hundred
47    pounds in case she shall live to attain the age of twenty one years but
48    in case of her death under that age then I give the said sum of one hundred
49    pounds unto my said Six Children Elizabeth Blake William Blake
50    Benjamin Blake Mary Blake Richard Michael Blake and Charles Blake
51    or such of them as shall live to attain the age of twenty one years equally
52    to be divided between them share and share alike I give and devise my
53    Freehold Mansion house and farm at Ford and my Freehold Farm and Lands at Stratford
54    under the Castle and all other my Freehold Lands tenements and hereditaments
55    in Ford Laverstock and Stratford or elsewhere and also all my Leasehold
56    messuages or tenements and heredit[ament]s in Ford Laverstock and Stratford
57    or elsewhere unto my Friends Thomas Cusse of Winterborne and Richard
58    Fanstone of Martin both in the said County of Wilts to hold the said Freehold
59    messuages Lands and hereditaments unto the said Thomas Cusse and Richard
60    Fanstone their Executors admors and assigns for and during the term of Five
61    hundred years to Commence immediately after my death and to hold my
62    said Leasehold messuages Lands and hereditaments unto the said Thomas
63    Cusse and Richard Fanstone their heirs Exors Admors and Assigns respectively
64    according to the different tenures and natures of the said Estates upon the
65    trusts and to and for the ends intents and purposes hereinafter mentioned
66    expressed and declared of and concerning the same and subject to the said
67    term of Five hundred years I give and devise my said Freehold messuages
68    Farms Lands and hereditaments unto my Son Thomas Blake and his
69    assigns for and during the term of his natural Life and from and immediately
70    after the determination of that estate I give and devise the same to my Friends
71    John Cusse and Samuel Cusse and their heirs during the life of my said Son
72    Thomas Blake in trust to preserve the Contingent Remainders hereinafter
73    limited from being defeated or destroyed and from and immediately after
74    the death of my said Son Thomas Blake I give and devise the same to the
75    first Son of the Body of my said Son Thomas Blake lawfully begotten
76    and the heirs male of the Body of such first son lawfully issuing and
77    in default of such issue to the second third fourth and all and every other
78    son and sons of the Body of my said Son Thomas Blake lawfully begotten
79    severally successively and in remainder one after the other as they shall
80    be in priority of Birth and to the several and respective heirs male
81    of the body and bodies of all and every such sons lawfully issuing every
82    Elder of such Sons and the heirs male of his body being always preferred
83    and to take before a younger of them and the heirs male of his body issuing
84    and in default of such issue to my Son William Blake and his assigns
85    for and during the term of his natural life and from and immediately
86    after the determination of that estate I give and devise the same to the
87    said John Cusse and Samuel Cusse and their heirs during the life of my
88    said Son William Blake in trust to preserve the contingent remainders
89    hereinafter limited from being defeated or destroyed and from and immediately
90    after the death of my said Son William Blake to the first son of the Body of my
91    said Son William Blake lawfully begotten and the heirs male of the body of
92    such first son lawfully issuing and in default of such issue to the second
93    third fourth and all and every other son and sons of the Body of my said Son
94    William Blake lawfully to be begotten Severally successively and in remainder
95    one after the other as they shall priority of Birth and to the several
96    and respective heirs male of the Body and Bodies of all and every
97    such Sons lawfully issuing every elder of such Sons and the heirs male
98    of his Body being always preferred and to take before a younger of them
99    and the heirs male of his body issuing and in default of such issue to my
100    son
    [Page 3]
101    Benjamin Blake and his assigns for and during the term of his natural
102    life and from and immediately after the determination of that Estate I give
103    and devise the same to the said John Cusse and Samuel Cusse and their heirs
104    during the Life of my said son Benjamin Blake In Trust to preserve
105    the contingent remainders hereinafter limited from being defeated
106    or destroyed and from and immediately after the death of my said Son
107    Benjamin Blake I give and devise the same to the first son of the
108    Body of my said Son Benjamin lawfully begotten and the heirs male
109    of the Body of Such first Son lawfully issuing and in default of such
110    issue to the second third fourth and all and every other son and Sons
111    of the Body of my said son Benjamin lawfully begotten severally
112    successively and in remainder one after the other as they shall be in
113    priority of Birth and to the several and respective heirs male of the
114    Body and Bodies of all and every such Sons lawfully issuing every
115    elder of such Sons and the heirs male of his body being always
116    preferred and to take before a younger of them and the heirs male of
117    his Body issuing and in default of Such issue to my Son Richard
118    Michael Blake and his assigns for and during the term of his natural
119    Life and from and immediately after the determination of that estate
120    I give and devise the same to the said John Cusse and Samuel Cusse
121    and their heirs during the life of my said son Richard Michael In
122    trust to preserve the Contingent Remainders hereinafter Limited
123    from being defeated or destroyed and from and immediately after
124    the death of my said son Richard Michael to the first Son of his Body
125    of my said Son Richard Michael lawfully begotten and the heirs male
126    of the body of such first son lawfully issuing and in default of such issue
127    to the second third fourth and all and every other son and sons of the Body
128    of my said Son Richard Michael lawfully begotten severally successively
129    and in remainder one after another as they shall be in priority of Birth
130    and the several and respective heirs male of the body and bodies of
131    all and every such Sons lawfully issuing every Elder of such sons
132    and the heirs male of his body being always preferred and to take before
133    a younger of them and the heirs male of his body issuing and in default
134    of such issue to my son Charles Blake and his assigns for and during
135    the term of his natural life and from and immediately after the determination
136    of that estate I give and devise the same to the said John Cusse and Samuel
137    Cusse and their heirs during the life of my said son Charles Blake In
138    trust to preserve the contingent remainders hereinafter limited from
139    being defeated or destroyed and from and immediately after the death
140    of my said son Charles to the first son of the Body of my said son Charles
141    lawfully begotten and the heirs male of the Body of such first son
142    lawfully issuing and in default of such issue to the second third fourth
143    and all and every other Son and sons of the Body of my said Son Charles
144    lawfully begotten severally successively and in remainder one after
145    the other as they shall be in priority of Birth and to the several and
146    respective heirs male of the Body and Bodies of all and every such
147    Sons lawfully issuing every elder of such Sons and the heirs male
148    of his Body being always preferred and to take before a younger
149    of them and the heirs male of his Body issuing and in default of such
150    issue I give and devise the same to the Daughters Elizabeth Blake
151    and Mary Blake and the respective heirs and assigns for ever to
152    take as tenants in common and not as joint tenants and I hereby
153    will order and direct that my several Leasehold messuages Farm
154    Lands and hereditaments (Subject to the trusts hereafter mentioned)
155    shall from time to time go pass to and be enjoyed from time to time
156    by the person who for the time being shall be entitled to my said
157    Freeholds messuages Farms Lands and hereditaments by virtue of and
158    under
    [Page 4]
159    under this my Will or as near thereto as the rules of Law will admit and
160    I give devise and bequeath the same accordingly I give and bequeath
161    unto my son Thomas Blake all my ready money and securities for
162    money Stock in husbandry and also all my household goods and Furniture
163    (Subject to the bequest hereinbefore made to my wife) and all other my goods
164    Chattels and Effects whatsoever and wheresoever not hereinbefore given
165    and bequeath upon Special trust and Confidence that he shall and do
166    by and out of the same in the first place pay and discharge all my just
167    debts and Funeral Expences and also pay and discharge from time to time the
168    Interest of the several Legacies hereby given until the som[m]es respectively
169    shall become paiable and likewise pay and discharge the said Legacies or as
170    much thereof as the same Will extend to pay and in case the same shall become
171    then sufficient to pay the whole thereof then I give the overplus unto my
172    said said Son Thomas Blake to and for his own use and I make and appoint
173    him Sole Executor of this my Will And as to the said term of five hundred years
174    hereinbefore limited in my said Freehold Estates and as to the bequest of
175    my said Leasehold Estates to them the said Thomas Cusse and Richard Fanstone
176    their heirs Exors Admors and assigns respectively I hereby will and declare
177    the same to be upon trust that they the said Thomas Cusse and Richard Fanstone
178    or the survivor of them or the Executors or Admors of the Survivor of them
179    shall and do by devise or Mortgage of all or any part of my said Freehold
180    and Leasehold Estate respectively raise to make money as shall be
181    sufficient to pay and discharge the Legacies given in and by this my Will
182    and the interest thereof or as much thereof respectively as shall not be
183    paid by and out of the produce of my personal Estate hereinbefore given
184    In trust to my said Son Thomas and that from and after payment of the
185    said Legacies repayment of the money to be raised by mortgage as
186    aforesaid and the Costs and charges attending the raising and repayment
187    thereof then the said Thomas Cusse and Richard Fanstone their heirs Exors
188    or Admors shall stand interested and possessed of and in the same premises
189    respectively for the person or persons who shall for the time being be
190    entitled to my said Freehold and Leasehold Estate respectively by virtue
191    of this my Will and I hereby will order and direct that payment of the
192    mortgage money by the person or persons who shall by the Mortgage or
193    Mortgages of my said Estates or any part thereof to the said Thomas Cusse
194    and Richard Fanstone or the Survivor of them or the Executors or Admors of
195    the survivor of them shall be good and effectual payment and their receipts
196    be good and effectual discharges and that no mortgage or mortgagees shall
197    be obliged to see to the application of such mortgage money or be answerable
198    or accountable for the misapplication or nonapplication thereof and I hereby
199    will and direct that my said trustees shall not be answerable or accountable
200    for any more monies than they shall actually respectively receive and
201    shall not be answerable the one for the other of them or for the acts receipts
202    or neglects of the other of them but each of them for his own acts receipts
203    and neglects only In witness whereof I have to this my last will and Testament
204    written and contained in four sheets of paper set my hand and seal to
205    wit to the three first sheets my hand only and to this sheet my hand and
206    seal the day and year first above written Jno Blake Signed sealed
207    published and declared by the said John Blake the testator as and for his last
208    Will and testament in the presence of us who in his presence and in the presence
209    of each other have hereunto set our names as witnesses John Hodding
210    Ann Hodding Martha Hodding
211    Proved at London 19th August 1818 before the Judge by the oath of Thomas Blake
212    the sole Ex[ecut]or to whom adm[inistrati]on was granted having been first sworn (by Com[missi]on duly to adm[inister]r