Showing posts with label Sutton. Show all posts
Showing posts with label Sutton. Show all posts

Tuesday, April 25, 2017

Will of James Blake, Midshipman on board his Majestys Ship Ardent - The National Archives PROB 11/1261, probated 1 Jun 1795

James Blake, the testator, is perhaps the James Blake baptized 23 Mar 1756 and son of Thomas baptized at Portsea St Mary, Hampshire. James mentions his father as Thomas Blake in the will below. There are a number of Blake families in Portsea.

Other children baptized at Portsea with Thomas Blake as parent:

Thomas Blake baptized 29 Nov 1749
Mary Softly Blake baptized 16 Oct 1754
Elizabeth Blake baptized 13 Jul 1757
Elizabeth Blake baptized 27 Jan 1760
Lilly Blake baptized 19 May 1765

Thomas Blake married Jane Morlen (widow and widower) 13 May 1762 at Portsea.

Transcriber: Elizabeth Kipp
Recorded: 25 Apr 2017
Source:  The National Archives, PROB 11/1261
Name of testator: James Blake, Midshipman
Place: on board his Majestys Ship Ardent
Type of Record: Will
Dated: 10 Jun 1793, probated 1 Jun 1795

[In margin]: James Blake

1    In the Name of God Amen
2    I James Blake Midshipman on board his Majestys
3    Ship Ardent Robert Manners Sutton Esquire Commander
4    being in Bodily health and of sound and disposing
5    Mind and Memory and Considering the perils and
6    dangers of the Seas and other uncertainties of this
7    transitory Life do for avoiding Controversies after my
8    decease make publish and declare this my last Will
9    and Testament in manner following that is to say
10    First I recommend my Soul to God that gave it and
11    my Body I commit to the Earth or Sea as it shall
12    please God to order and as for and concerning all
13    my worldly Estate I give bequeath and dispose thereof
11    as followeth that is to say all and singular such
15    Salary Tickets Bounty Money Prize Money Shop Allowance ______ Smart Money _____
16    Goods wares Merchandizes profits Freights Rents and
17    arrears of Rents Wages Sum and Sums of Money Lands
18    Tenements Goods Chattels and Estate whatsoever as shall
19    be any ways due owing or belonging unto me at the
20    time of my decease I do give devise and bequeath the
21    same unto my beloved Father Thomas Blake living at
22    the Lion of the Rainbow St Georges Square in the Town
23    of Portsea in the County of Hampshire and in default
24    thereof to my Brother John Blake of the Town and
25    County aforesaid and I do hereby nominate and I
26    appoint my father and Brother of the Town and
27    County aforesaid Executors of this my last Will and
28    Testament hereby revoking all former and other wills
29    Testaments and Deeds of Gifts by me at any time
30    heretofore made and I do ordain and ratify these
31    presents to stand and be for and as my only last
32    Will and Testament In witness whereof to this my said
33    Will I have set my hand and Seal the Tenth day
34    of June in the year of our Lord one thousand seven
35    hundred and Ninety three and in the thirty third year
36    of the Reign of His Majesty King George the third over
37    Great Britain etc Jas. Blake Signed Sealed published
38    and declared in the presence of R. M. Sutton Captain H
39    Quinton Master
40    This Will was proved at London the first day
41    of June in the year of our Lord one thousand seven
42    hundred and ninety five before the Right Honorable
43    Sir William Wynne Knight doctor of Laws Master
44    Keeper or Commissary of the prerogative Court of
45    Canterbury lawfully constituted by the Oaths of Thomas
46    Blake the Father and John Blake the Brother of the
47    deceased and the Executors named in the said will to
48    whom administration was granted of all and singular
49    the Goods Chattels and Credits of the said decease having
50    been first sworn by Commission duly to administer

Friday, April 14, 2017

Will of David Blake, Mariner, on board the Ship Southampton - The National Archives PROB 11/490, probated 27 Dec 1706

The testator, David Blake is a Mariner on board the Ship Southampton. His son is named James Blake and he is named Executor.

Transcriber: Elizabeth Kipp
Recorded: 13 Apr 2017
Source:  The National Archives, PROB 11/490
Name of testator: David Blake, Mariner
Place: on board the Ship Southampton
Type of Record: Will
Dated: 1 Jun 1705, probated 27 Dec 1706

[In margin] Tm: Davidis Blake

1    In the Name of God Amen
2    I David Blake belonging to her Majesty’s Ship Southampton
3    Mariner being in good health of body and of sound and perfect
4    mind and memory But considering the perils and dangers of
5    the Seas and the uncertainty of this transitory life doe make
6    publish and declare this my last Will and Testament in manner
q    following That is to say Imprimis I recommend my Soule into
8    the hand of God that gave And my Body I commit to the
9    Earth or Seas as it shall please God to order And touching
10    and concerning such worldly Estate as it shall please God to
11    bestowe upon me at the time of my decease I give devise and
12    dispose thereof in manner following That is to say All and
13    singular such wages pay Bounty money prize money that now
14    is or hereafter shall be due and payable to me for my Service
15    onboard of the said Ship Southampton or any other Ship or
16    Ships whatsoever And alsoe all other my Estate whatsoever
17    or wheresoever that shall belong to me at the time of my
18    decease I give devise and bequeath unto my well beloved Son
19    James Blake whome I constitute make and ordaine my
20    sole Executor of this my last Will and Testament And I doe
21    hereby revoke disannul all and every other former Wills and
22    Testaments by me heretofore made Ratifying and confirming
23    this and noe other to be my last Will and Testament In
24    Witness whereof I have hereunto sett my hand and Seale
25    this first day of June Anno domini One thousand Seaven
26    hundred and five David Blake Signed Sealed published
27    and declared by the Testator as and for his last Will and
28    Testament in the presence of Geor: Briant Daniel Sutton
29    William Newton
30    Probatum fuit humoi Testamentum apud London
31    coram venti viro Johannie Exton Legum doctore Surrogato
32    Ventis et Egregij viri domini Richardi Raines Militis
33    Legum etiam doctoris Curia Prerogative Cantuar Magri
34    Custodis sive Commissarii legitimo constitute decimo Septimo
35    die mensis decembris Anno domini Millesimo Septingesimo
36    Sexto Juramento Jacobi Blake Filij duti defuncti et Executoris
37    in dicto Testamento nominat Cui commissa fuit Administrato
38    omnium et singulorum bonorum jurium et creditorum dicti
39    defuncti de bene et fideliter administrando eadem ad
40    Sancta dei Evangelia Jurat

Tuesday, February 28, 2017

Will of Anne King, Widow, Upton Gray, Hampshire - The National Archives PROB 11/198, probated 4 Nov 1646

The next set of wills is actually for members of the King family in the areas around Andover, Hampshire. My 4x great grandmother was Joanna King daughter of Thomas King and Mary Carter and she was baptized at Upper Clatford where her father was a farmer. Locating the parents of Thomas King has proven to be somewhat difficult and so I collected these wills to see if I could find any clues. Thomas himself left a will but does not indicate any other members of his family then his son in law Joseph Blake. There are sixteen King wills.

Looking at Find My Past there was a marriage for Thomas King 2 May 1694 to Anne Winch at Upton Gray. The bride from Bray, Berkshire with bondsmen Symon Winch and Richard Winch.

There are another fifteen wills which include a Robert King in 1652. This is unlikely to be my King family located at Upper Clatford as it is 27 miles between them but will wait and see.

Transcriber: Elizabeth Kipp
Recorded: 26 Feb 2017
Source:  The National Archives, PROB 11/198
Name of testator: Anne King
Place: Upton Gray, Hampshire, England
Type of Record: Will
Dated: 20 Jul 1637, probated 4 Nov 1646

[In margin] T[estamentu]m Anne King

1    In the Name of God Amen The twentith
2    day of July Ano Domini one thousand six hundred thirty seven And
3    in the thirteenth yeare of the raigne of our Soveraigne Lorde Charles by
4    the grace of God of England Scotland France and Ireland King
5    defender of the faith etc I Anne King of Upton Gray in the County of
6    South[amp]t[on] widow being weake in bodie but of good and perfect memory
7    And understanding thanks be given to Almighty God therefore doe make
8    and declare this my present last will and testament in manner and forme
9    following That is to say first I commend my soule into the hands of Almighty
10    God my Creator assuredly trusting through the onely merits death and
11    passion of my blessed Savior Jesus Christ to have life everlasting And my
12    bodie I commend to the earth from whence it came to be buried in decent manner
13    in the Church of Upton Gray aforesaid neere unto the place where my husband
14    was buried at the discretion of my Executor hereafter named Item I give
15    devise and bequeath unto Robert King my sonne all that Messuage or Tenement
16    newly built wherein he the sayd Robert now dwelleth and all my lands Tene
17    ments and hereditaments hereunto belonging or therewith now used occupied
18    or enioyed with theappurtances called or known by the name of the Farme sett
19    lying and being in the parrish of Upton gray aforesaid And all these my
20    lands and Tenements called Biddin with theappurtances in Up Nately in the County aforesaid
21    To have and to hold the same unto him the sayd Robert King my sayd sonne
22    for and during the terme of his natural life without impeachment of or for
23    any manner of waste And from and after his decease then to such issue as
24    the sayd Robert my sonne shall hereafter happen to have of his bodie lawfully
25    begotten and to be begotten and to the heires of such issue for ever But if it shall
26    happen that the sayd Robert my sayd sonne shall dye without such yssue
27    Then my will and meaning is and I hereby give and devise the sayd Messuage
28    and Tenement and all and singular the sayd lands and hereditaments and other
29    the premises with thappurtenances unto my Cozen Barnard Hunt the sonne
30    of my sister Margarett and to his heires for ever Item I give devise and
31    bequeath unto the sayd Barnard Hunt all my barnes and lands called
32    Lipscombs with thappurtenances in Upton Gray aforesaid which I heretofore pur
33    chased and are now in the tenure or occupations of William Cleeke and
34    Robert Lee or one of them or their Assignes to have and to hold the same
35    unto him the sayd Barnard Hunt for and during the Tearme of his natural
36    life without impeachment of or for any manner of waste
37    Then from and after his decease then I give and devise one block
38    of the said land and lands with the appurtenances called Lipscombs in foure parts to
39    be devised unto my kinsman Humfrie Hunte one of the sonnes of the said Bernard
40    Hunte and to the heires of him the said Humfrie for ever And allsoe on the other parte of
41    the said barnes and lands with the appurtenances called Lipscombs in foure parts to be
42    devised unto my kinsman William Hunte one other of the sonnes of the said Bernard Hunte
43    and to the heires of him the said William for ever And from and
44    after his decease for the one parte of the sayd barnes and lands
45    called Lipscombs with thappurtances in foure parts to be devided) unto my
46    kinsman John Hunt and other of the sonnes of the sayd Barnard Hunt
47    and to the heires of him the sayd John for ever And the residue and other
48    parte of the said Barnes and lands with thappurtenances called Lipscombes unto
49    my kinsman Barnard Hunt the younger one other of the sonnes of the
50    sayd Barnard Hunt and to the heires of him the sayd Barnard the yonger
51    for ever Item I give and bequeath unto Anne King my servant one
52    flockbedd one fether bolster one paire of blancketts and one paire of sheets
53    and fortie shillings in money Item I give and bequeath unto Edward
54    Dy___nce heretofore my servant fortie shillings And to my kinsman James
55    Kinge twentie shillings and to my Cozen Johan Shoare twentie shillings And
56    to her sonne James Hunt twenty shillings And to my servant Roger Gregory
57    six shillings and eight pence Item I give and bequeath unto the Cathedrall
58    Church of Winchester twelve pence And to the Church of Upton gray
59    aforesaid six shillings and eight pence Item I give and bequeath to the poore
60    of the parrish of Upton Gray aforesaid twentie shillings to be distributed
61    amongst them at the discretion of my sayd Executors All which sayd legacies
62    and summes of money by me hereto before given I will shall be delivered
63    and payd by my Executors within the space of three moneths next
64    after my decease The residue of all and singular my goods Chattells debts
65    Credit and personal estate whatsoever over and besides the guifts and
66    legacies aforesaid I give and bequeath unto my sayd sonne Robert Kinge
67    and the sayd Barnard Hunt the father whome I make joynt Executors of
68    this my present last will and testament And I make and ordayne and appoint
69    my loving friends and neighbours John Nashe and Richard Guy Overseers
70    of this my sayd will to whome I give and bequeath thirteene shillings and
71    four pence apiece for their care and paines in that behalf to be taken of in
72    Witnes whereof I the sayd Anne Kinge have hereunto set my hands and
73    seale the day and yeare first above written The marke of the sayd Anne
74    Kinge Signed sealed and published after the interlining of these words
75    vizt (the name of) his) pence) in the presence of Robert Savoer John Cooke
76    John Aylcoyn Humfrey Sutton The marke of Roger Gregory
77    Probatum fuit testamentum suprascriptum apud London coram ingro
78    Francisco Ringsteed legum Baccho Surrogato venerabili et egregij viro
79    domini Nathanielie Brent militis et legume doctoris Curie Prerogative
80    Magistri sive Custodis Quarto die Mensis Novembris Anno domini 1646
81    Juramento Barnardi Hunt primo Executorum in testamento predicto nominat
82    cui Commissa fuit Administratio omnium et singulorum bonorum jurium et Credi
83    torum dicti defuncti et onis testamentum quatri ______ de bene et
84    fideliter etc Ad Sancta dei Evangelia in debita Juris forma Jurat ______ Commissa
85    in _____ Reservato potestate similem Commissionem facienda Roberto King
86    filio die defuncta et alteri Executori in dicto testamenta nominat in venerit
87    eadem petitur Ex

Wednesday, January 1, 2014

Will of Thomas Blake, yeoman, Winterbourne Earl, Wiltshire - The National Archives PROB 11/2143/52, probated 10 Dec 1851

Thomas Blake, testator, died 22 Feb 1851 at Winterbourne Earls aged 37 years. This from The Gentleman’s Magazine, and Historical Chronicle, for the Year 1851, Volume 35 (Page 453). This publication by Sylvanus Urban, Gentleman and published at London: John Bowyer Nichols and Son. 1851. His father Benjamin Blake’s will is one of the two available at the Wiltshire and Swindon Record Office – P2/1838/7 Benjamin Blake 1838 of Ford, Laverstock or P2/1841/19 Benjamin Blake 1841 Yeoman of Winterbourne Gunner. Neither of them have been scanned so are not available to download. Benjamin Blake died March quarter 1838 in Alderbury RD and a second one died March quarter 1841 in Amesbury RD. The census will not help us for these two men. Jane, the mother of the testator and hence the wife of Benjamin died March quarter 1852 in Alderbury RD. All this from Free BMD. So which one is correct?

Looking at Family Search Benjamin Blake married to Jane baptized children at Laverstock, Wiltshire:

Benjamin baptized 4 Jan 1809 (born 15 Nov 1808)
Elizabeth baptized 8 Jan 1810; buried 15 Nov 1811
John baptized 1811

And baptized at Winterbourne Gunner:

Eliza baptized 21 Jun 1812
Richard baptized 26 Jan 1817

From Free BMD there is a Thomas Blake son of Benjamin Blake yeoman and Jane baptized at Winterbourne Gunner 27 Oct 1813. This definitely fits into the time frame as the testator was 37 years of age when he died in 1851. Does it also point the Benjamin Blake who died in 1841 as being the father of the testator?

Jane wife of Benjamin is 66 years old in the census of 1851 at Winterbourne Earls so born circa 1785 and she is likely the mother of these children. There is another Jane on the 1851 census also widowed but she is only 57 and too young to be the mother of these children. At some point in the future I must acquire these two wills to sort the families out.

The marriage of John Blake, only son of Thomas Blake the testator, was celebrated at St Marks Kennington, Lambeth to Maria Howe Farley, youngest daughter of Mr John Farley, Yeovil June quarter 1868. The census entry in 1881 at Christchurch may be this family. John Blake, head, married, 36 years, coal agent, born at Ford Wiltshire; Maria Blake, wife, 37 years, born at Yeovil; Ernest, son 7 years, born at Melksham, Mabel, daughter, 5 years, born at Wales, Ethel, daughter, 3 years, born at Cardiff, Wales, Maud, daughter, 1 year, born at Salisbury. That would give John a year of birth of 1845. I found him on the 1851 census at Winterbourne Earls living with Jane Blake, head, widow, 66 years of age and the mother of Thomas, the testator, and she was born in 1785 and is an Annuitant born at Durnford, Wiltshire. Living with her Sarah Blake, daughter, unmarried, 28 years of age, born in 1823 at Winterbourne Gunner. Also John Blake, grandson, unmarried, 7 years of age, born in 1844 at Laverstock, Wiltshire and listed as Farmer’s son and Scholar.

The 1861 Census is elusive for John Blake. He would be about sixteen years of age.
On FreeBMD there is a Wilfred Sidney Farley Blake born Mar quarter 1872 at Melksham and an Ernest Richard Farley born Dec quarter 1873. The Census in 1871 at Melksham shows John Blake, head 26 years of age, born in 1845 at Ford Wiltshire and he is a Bank Manager. His wife, Maria H Blake, 27 years of age, born at Yeovil and a son Thomas J F Blake 11 months old born at Melksham. On the 1891 Census they are living at Islington, London with John Blake, head, 46 years born at Ford, Wiltshire and he is a Clerk. His wife Maria H is 47 and born at Yeovil. Children: Thomas E Blake 26 years, hosier, born at Melksham, Ernest R 17 years of age and born at Melksham, hosier and Maud 11 years of age born at Salisbury. The other two girls are missing (Mabel and Ethel).

The 1901 census sees him living at East Preston, Sussex, with his son Thomas J Blake, 30 years of age, born at Melksham, Wiltshire, hosier and tailor. John Blake, 56 years of age born at Winterborne Wiltshire, Coal Merchants manager. Maria H Blake is 57 years of age and born at Yeovil, Eva M M Blake is 20 years of age, born at Salisbury. Thomas Blake is still single.

John is on the 1911 census living with his daughter Eva Maude Maria Tomsett, her husband Thomas Walter Neale Tomsett and daughter Ethel Mary Tomsett at Croydon Surrey. He is 66 years of age still married and born at Ford, Wiltshire.

The testator, Thomas, is the son of Benjamin Blake, brother to Thomas Blake whose will was blogged earlier:

http://kippeeb.blogspot.ca/2014/01/will-of-thomas-blake-esquire-stratford.html

Some information available for Benjamin Blake from the National Archives website:

BLAKE FAMILY of WINTERBOURNE EARLS AND LAVERSTOCK  [no ref. or date]

[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]  1214/2  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]  1214/3  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.

[no title]  1214/5  1853-1856

Contents:
Papers about the estate of Jane Blake decd, of Winterbourne Earls, later Wylye wid., [mother of John and Thomas in 2-5]. Release 1853 and residuary accounts.

I definitely need to put these families together in a tree and will come back to that soon. I need to break up my time so that I spend some time transcribing and some time building family trees.

Names mentioned in the will:

Thomas Blake, testator, yeoman, Winterbourne Earls
Edward Cusse, cousin, Winterbourne Gunner, trustee, executor
George Sutton, brother in law, Winterbourne Gunner, trustee, executor
John Blake, brother, deceased
Thomas Blake, uncle, deceased
Jane Blake, widow, mother
Sarah Blake, sister
Elizabeth Blake, wife of testator
Eliza Sutton, sister, West Dean
Job Sutton, brother in law, husband of Eliza, West Dean, Yeoman
Mary Blake Sutton, niece
Susan Sutton, sister, deceased, mother of Mary Blake Sutton
John Blake, son
R M Wilson, Salisbury, Attorney at Law, witness
Samuel Collins, clerk to R M Wilson, witness

Transcriber: Elizabeth Kipp
Recorded: 1 Jan 2014
Source: The National Archives, PROB 11/2143/52
Testator: Thomas Blake, Yeoman
Place: Winterbourne Earl, Wiltshire, England
Type of Record: Will
Date of document: 14 Feb 1851, probated 10 Dec 1851
Condition: 19th century English, legible copy

[Margin]: Thomas
[Margin]: Blake

1    This is the Last Will and Testament
2    of me Thomas Blake of Winterbourn Earls in the County of Wilts
3    yeoman I appoint my Cousin Edward Cusse of Winterbourne Gunner in the
4    said County and my brother in law George Sutton of the same place Executors
5    of this my Will and for the purposes thereof I devise my personal estate into
6    three classes and designate it as follows First my share of my late fathers resi-
7    duary estate secondly my interest in the residuary personal estate of my late
8    brother John Blake and thirdly my farming stock household effects money derived
9    from the Will of my late Uncle Thomas Blake and all other my Estate
10    and Effects whatsoever which I call my residuary estate I direct the said
11    Edward Cusse and George Sutton to pay all my just debts and funeral and testa-
12    mentary expences and to enable them to do so I give devise and bequeath
13    unto them and the survivor of them his executors administrators and assigns
14    all my residuary Estate (that is all that I have a disposing power over
15    excepting the stocks monies estate and effects which I may receive under the
16    Wills of my late father and brother) Upon trust to sell such part of it as
17    shall be of a saleable nature and to get in and convert into money the rest of
18    it and thereout to pay all my just debts and funeral and testamentary ex-
19    pences and after payment and satisfaction thereof to pay to my dear mother
20    Jane Blake the sum of Two hundred pounds Sterling and to my Sister Sarah
21    Blake the sum of Two hundred pounds Sterling and also to set apart the sum
22    of One thousand pounds Sterling for my dear Wife Elizabeth Blake and to pay
23    and transfer the same to her or her assigns at the expiration of twelve calen-
24    dar months from the time of my death in case there should be no issue of my
25    marriage with her born in my lifetime or in due time after my death but in
26    case there shall be issue of the said Marriage then I direct the said Edward Cusse
27    and George Sutton and the survivor of them and the executors administrators and
28    assigns of such survivor to invest the said sum of One thousand pounds in their
29    or his names or name in the Government stocks of funds or at interest on real se-
30    curity in England and to pay the interest dividends and yearly produce thereof to
31    my said wife during her life free from the interference or control of any future
32    husband and after her decease then I declare that my said Trustees shall stand
33    possessed of the said sum of one thousand pounds and the stocks and securities
34    on which the same may be invested in trust for the child or children of the
35    said marriage if more than one equally and in the event of their being such
36    child or children of the said marriage and he she or they all dying before at-
37    taining the age of twenty one years then I direct my said Trustees to pay or
38    transfer the said sum of One thousand pounds or the stocks and securities on
39    which the same may be invested to my said wife absolutely And I direct
40    my said Trustees to invest all the remainder of my said residuary estate so
41    defined as aforesaid in the Government stocks of funds or at Interest upon real
43    Security in England and to pay the interest dividends and yearly produce thereof
44    to my dear Mother during her life and after her decease I direct that my said
45    Trustees shall pay to or transfer one moiety of the said principal monies stocks
46    funds and securities to my Sister Eliza the wife of Job Sutton of West Dean
47    Yeoman and the other moiety thereof equally between my said Sister Sarah
48    Blake and my Niece Mary Blake Sutton the daughter of my late Sister
49    Susan Sutton And as regards my share of my late Fathers residuary Estate
50    I give and bequeath the same to the said Edward Cusse and George Sutton
51    and the survivor of them and the executors administrators and assigns of
52    such survivor Upon trust when the same shall come to their or his hands
53    to invest the same in the manner hereinbefore directed with reference to my
54    residuary estate and to accumulate the interest dividends and yearly produce
55    thereof by similar investments until my Son John Blake shall attain the
56    age of twenty one years or die under that age and if he shall attain that
57    age thereupon to transfer to him both the principal monies stocks funds and
58    securities and the accumulations but if he shall die under that age then to
59    pay transfer and divide the same to and equally amongst the said Eliza Sutton
60    Sarah Blake and Mary Blake Sutton And as regards my interest in the
    [Page 2]
61    residuary personal estate of my late brother John Blake I give and be-
62    queath the same unto the said Edward Cusse and George Sutton and the
63    survivor of them and the executors administrators and assigns of such survi-
64    vor Upon trust when the same shall come to their or his hands to invest the
65    same in the manner hereinbefore directed with reference to my residuary estate
66    and to pay the interest dividends and yearly produce thereof to my said dear
67    mother during her life in case she should be then living and after her death
68    then into five hundred pounds Sterling part thereof I direct my said trustees
69    to stand possessed thereof upon the same trusts in all respects in favor of my
70    said dear wife and the issue of our marriage if any as I have hereinbefore
71    declared in reference to the sum of one thousand pounds part of my residu-
72    ary estate and as to all the residue of my interest in the residuary estate of
73    my said brother John Blake I direct that my said trustees shall accumulate
74    the interest dividends and yearly produce thereof by investments of a similar
75    character to those hereinbefore directed until my said Son John Blake shall
76    attain the age of twenty one years or be under that age and if he shall
77    attain that age thereupon to transfer to him both the principal monies stocks
78    funds and securities and the accumulations but if he shall be under that age
79    than to pay transfer and divide the same to and equally amongst the said Eliza
80    Sutton Sarah Blake and Mary Blake Sutton I declare that if my said Sister
81    Eliza Sutton shall depart this life before me or before the legacies given to her by
82    this my Will whether contingent or otherwise shall be reduced unto possession
83    then that my said Trustees shall stand possessed thereof In trust for the child
84    if more than one the children equally of my said Sister who shall attain the
85    age of twenty one years and that the legacies in like manner given to my said
86    Sister Sarah Blake and my said Niece Mary Blake Sutton shall be absolutely
87    vested in them respectively at the period of my death I direct that my said
88    Trustees shall have power from time to time or at any time to alter vary or
89    transpose the stocks funds or securities vested in them by this my Will into or
90    for others of the same or a like nature as are hereinbefore provided with respect
91    to the original investments thereof at their or his discretion I declare that
92    said Trustees shall have power to pay and apply the whole or such part as
93    they shall think fit of the interest dividends and yearly produce of the share
94    to which any child excepting my Son John Blake who is provided for from
95    other sources) shall for the time be either presumptively or otherwise entitled
96    under the trusts hereinbefore declared for or towards his or her maintenance or
97    education until his or her share shall become vested and payable and that
98    said trustees may either themselves so pay or apply the same or may pay the
99    same to the guardian or guardians of such child for the purpose aforesaid without
100    seeing to the application thereof I declare that the receipts of my said Trustees
101    for such monies stocks funds and securities as shall be paid or transferred to them
102    by virtue of this my Will stand effectually discharge the persons paying or trans-
103    ferring the same from liability to see to the application thereof And I declare
104    that my said Trustees shall be answerable for their own respective acts receipts and
105    defaults only and shall be at liberty to retain and to allow to each other out of
106    monies coming to their hands by virtue of this my Will all expences incurred
107    in executing the trusts thereof And I declare that on the death refusal or inca-
108    pacity of the said trustees or either of them or of any trustees or trustee to be ap-
109    pointed under this clause it shall be lawful for the capable trustees or trustee if
110    any for the time being of this my will whether refusing further to act or not
111    or if not for the executors or administrators or either or any of them of the last
112    deceased trustee to appoint a fit person or persons to supply the place of the deceased
113    refusing or incapacitated trustees or trustee and I declare that the previous clauses
114    so far as they concern my trustees hereinbefore named shall extend and be applied to
115    new trustees and trustee for the time being of this my Will In witness whereof I
116    the said Thomas Blake have to this my last Will and Testament contained in
117    this one and preceding three sheets of Paper set my hand this fourteenth day of
    [Page 3]
118    February in the year of our Lord one thousand eight hundred and fifty one
119    Thos Blake Signed by the said Testator as his last Will and Testament
120    in the presence of us present at the same to who at his request in his presence
121    and in the presence of each other have subscribed our names as witnesses
122    R M Wilson of Salisbury Att[orne]y at Law Sam[ue]l Collins his Clerk
123    This is a Codicil to the last Will and Testament
124    of me Thomas Blake I give and bequeath to my dear wife All my house-
125    hold furniture and other articles of household in and about my house I give and
126    bequeath also to Edward Cusse and George Sutton Nineteen guineas apiece for the
127    trouble they will have as my Executors and as a slight mark of my regard
128    Witness my hand this fourteenth day of February 1851 Thomas Blake
129    Signed by the said Testator as a Codicil to his last Will and Testament in the
130    presence of us present at the same time who at his request in his presence and
131    in the presence of each other have subscribed our names as witnesses R M
132    Wilson Sam[ue]l Collins
133    Proved at London with a Codicil 10th Dec[embe]r 1851 before the Judge by
134    the oaths of Edward Cusse and George Sutton the Executors to whom Adm[inistrati]on
135    was granted having been first sworn by Com[missi]on duly to administer.

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

Tuesday, April 9, 2013

Will of Ursula Blake, widow, Windsor, Berkshire - The National Archives PROB 11/1752/308, probated 24 Mar 1829

Ursula Blake, the testator, is the widow of Joseph Blake whose will was blogged the 7th of April 2013. Joseph's will has the money which he left his wife passing to his nephews eventually. This will accounts for the portion that was directed solely to his wife.

With the naming of her brothers surname Lock, the marriage of Joseph Blake and Ursula Lock 7 Mar 1791 at St George Hanover Square would seem to be appropriate. This is a good will for the Lock family as Ursula names all of her siblings and her nieces and nephews.

Transcriber: Elizabeth Kipp
Recorded: 9 Apr 2013
Source: The National Archives, PROB 11/1752/308
Testator:  Ursula Blake, widow
Place: Windsor, Berkshire, England
Type of Record: Will
Date of document:  6 Jun 1825, probated 24 Mar 1829
Read: Electronic copy images
Condition: 19th century English, legible copy

[Margin]: Ursula
[Margin]: Blake
[Margin]: (8)

1    This is the last Will and Testament
2    of me Ursula Blake of Windsor in the County of Berks Widow whereby
3    I humbly commend my soul to God and dispose of all my worldly effects in manner
4    following that is to say all and singular my ready money securities for money
5    money in the funds one hundred and fifty pounds being now invested in the
6    new four per cent debts due and owing unto me dividends rent household goods
7    and furniture plate linen and china and all the rest residue and remainder of
8    my personal Estate and Effects of whatever degree or description the same may
9    consist I do hereby give devise and bequeath the same unto my two nephews
10    George Sutton and William Bay Upon trust for them to convert into money as
11    soon as may be after my decease all such as may not consist in money and
12    after payment of my just debts funeral expences and the costs of proving this
13    my will and the sum of ten pounds which I do hereby give and bequeath
14    unto Richard Taylor son of my Sister Elizabeth Taylor and a similar sum to
15    Charlotte Hooper daughter of my brother Richard Lock to pay and divide
16    the remainder of my said personal Estate as follows one third to my brother
17    John Lock one other third to my brother William Lock and the remaining
18    third I do hereby give and bequeath unto and between the children of my
19    dear Sister Frances Sutton namely the said George Sutton Frances the Wife of
20    Henry Belitha Ursula Wife of the said William Bay and Martha
21    Elizabeth Titheridge to be equally divided between them share and share
22    alike and I do hereby appoint the said George Sutton and William Bay to
23    be
    [Page 2]
24    be Executors of this my last Will and Testament hereby revoking all former Wills
25    by me made do declare this to contain and be my last Will and Testament as
26    witness my hand and seal the sixth day of June in the year of our Lord one
27    thousand eight hundred and twenty five Ursula Blake Signed
28    sealed published and declared as the last Will and Testament of the said
30    Ursula Blake the Testatrix in my presence W Harris Portsea
31    In the Prerogative Court of Canterbury
32    Appeared Personally In the Goods of Ursula Blake widow deceased
33    Thomas Gittens of Portsea in the County
34    of Southampton Builder and made oath that he knew and was well acquainted
35    with Ursula Blake late of Windsor in the County of Berks deceased for several
36    years before and to the time of her death and also with her manner and character
37    of handwriting and subscription having often seen her write and subscribe her
38    name and having now carefully viewed and inspected the paper writing now
39    hereunto annexed purporting to be and contain the last will and Testament of
40    the said deceased beginning thus "This is the last Will and Testament of me
41    Ursula Blake of Windsor in the County of Berks widow" ending thus "as witness
42    my hand and seal the sixth day of June in the year of our Lord one thousand
43    eight hundred and twenty five" and being thus subscribed "Ursula Blake" he said
44    he verily and in his conscience believes the names "Ursula Blake" so as aforesaid
45    set and subscribed to the said will to be all of the proper handwriting and
46    subscription of the said Ursula Blake widow the Testatrix deceased Tho[ma]s Gittens
47    On the 20th day of March 1829 the abovenamed Thomas Gittens was duly sworn to
48    the truth of this affidavit by virtue of the annexed Commission before me
49    Wm Dusantry Commissioner
50    Proved at London 24th March 1829 before the Judge by the oaths of
51    George Sutton the nephew and William Bay the Executors to whom
52    administration was granted having been first sworn by Commission duly
53    to administer

Saturday, March 16, 2013

Will of Richard Buller, Long Compton, Warwickshire - The National Archives PROB 11/22/381, probated 8 Nov 1527

The testator Richard-1 Buller  is of Long Compton, Warwickshire. He has been married twice and his second wife is Agnes. He has daughters Agnes and Dorothy. He has a brother John Buller and mentions another John Buller of Sutton. He has been very generous with his property and one wonders if these are relatives of his.

I did find an interesting will on line for a William Buller of Kennett (probably has nothing to do with this particular Richard but wanted to put it somewhere where I wouldn't lose it :) ):

June 19, 1719. October 12, 1719. A. 78.
To eldest daughter Hannah Branton, daughter Eliz Buller and 3 sons
Thomas, John and Richard, household goods and wearing apparel as
described. Executors: brother John Buller and son Thomas, son Richard
to be apprenticed.
Witnesses: Robert Stevens, Robert Wry.

Transcriber: Elizabeth Kipp
Recorded: 13 Mar 2013
Source: The National Archives, PROB 11/22/381
Testator: Richard Buller
Place: Long Compton, Warwickshire
Date of document:  28 Sep 1527, probated 8 Nov 1527
Read: Electronic copy images
Document quality: 16th century English, legible copy

[Margin]: Test[a]m[ent] Ric[har]d
[Margin]: Buller

1    In dei nomme amen The xxviij day of Septembr[e] In the yere of our Lord
2    god a thousande fyve hundred twenty and sevyn I Richard Buller of longe Compton sike in
3    body hole of minde and remembrance make my testament in this maner of wise here after folowing
4    First I bequeth my soule to almighty god to o[u]r lady saint mary and to all the company of hevyn And
5    my body to Be Buried in the churche yarde of Long Compton Also I bequeth to the mother Church
6    of Worceto[r] vj d To the high awter of Long Compton vj d And to the Sacrament of the said awter
7    to have a cloth of silke iij s iiij d To saint Anselm of the same to have a Top to be maynteyned for my
8    fader and me the space of fouer yeres price xx d To the sanctuare light iij s iiij d To our Lady light
9    To Saint Kateryns light To saint nicolas To saint Clement To saint George To the Rede __clye of
10    these a shepe To the bells iiij shepe To the lampe light iiij d Item to the Church of Long Compton
11    a shepe price iiij marcs To the Chapell in Weston for my fader and me xx s Item I bequeth to have a
12    prest to serve in Compton Church for my fader and moder and me with all my goode frends oon yere
13    viij marcs Item I bequeth to Cheryngton Church To Stoweton Chapell to Milford Chapell ev[er]y of
14    of them a halfe of a yere ____ Item I Bequeth to Sir James White x s To Sir Richard Mude iiij s iiij d
    [Page 2]
15    Item I Bequeth to Agnes my wife xiij score shepe and viij score of them to be maynteyde at Weston
16    Item I bequeth to Agnes my wife vj oxen xiij kyne xij young beasts vij horses and mares my Best
17    carte w[i]th the harrnyss longinge thereto a paire of woollen wheles And all the corne longing to the
18    p[ar]sonage bothe titlye and glebe and the money that Thomas Robyns oweth me for bothe__ corne that
19    sume of vij li xviij s iiij d and vij quarters of whete and all the householde stuffe that she had before
20    I maried her and the increase of my dusse house in Weston thats oon yere and all my old malt
21    except two q[u]aters And to mawde her daughter a kowe Item I Bequeth to my brother John
22    Buller fyve score shepe iiij oxen oon heyffer two quarters of whete and two quarters of malt
23    and the money that Henry Dewarde of Worce[s]tor oweth me whiche is x s Item I bequeth to
24    Thomas Joyner thre score shepe a horse a mare two oxen and half a quarter of whete a yok
25    a towe Item to William his brother fiftye shepe twoe oxen a horse a mare a yock a towe
26    half a quarter of whete And the said Thomas and William to have betwen them a matres
27    a paire of shets and a coverlet a cut tyne and x s to bye them wheles and nayles Item
28    to Richard Prewe and Robert Prewe either of them xl shepe and either of them an heiffer
30    Item I Bequeth to Agnes my douthter a fether bed ij paire of shets and a shete w[i]th a blake
31    sri__t xij pewter disshes a pair of beads that was her moders fyve hundred shepe and xl
32    beasts Item to Dorathye my doughter a fether bed ij paire of shets fyve hundred shepe and
33    xl beasts And the said Agnes and Dorathye to have betwene them vj silver spoones Item to
34    George Osbaston my best younge colt of ij yeres olde Item to Richard Wilkyns a colt price
35    vjs viij d Item to John Pyg a heiffer Item to Robert Frinkley a mare Item to John Buller
36    of Sutton a mare Item to young Thomas Hadon of Wolford a bullock of ij yere olde Item to
37    Colette Wis[']s doughter of Sutton xx shepe and two ____ calves And those xx shepe and ij calves
38    to be kept in my grounde at Weston during the yeres of my takying by the sight of  my executors
39    The residue of my goodes not bequethed after my body be buried my detts paid and my legacis
40    fulfilled I geve and bequeth to Agnes and Dorathye my doughters and they to have Weston
41    w[i]th all comodities longing thereto during the yeres of my taking to kepe their catall uppon
42    And the said Agnes and Dorathe my doughters with their goodes and catall and with
43    ____ase_ent thereof to be in the guyding and government of John Bushby of Dunnyngton
44    till they be of lawfull age And if oone of these chyldren dye the other childe to have her parte
45    with her owne parte And if both these chyldren dye I will that my brother John Buller and
46    his chyldren have xx li of the forsaid goodes And Cherington Church to have v marcs  And the
47    residue of my goodes to _____ze a prest to serve in Long Compton Church yf they will extende
48    thereto, yf not I will that they be bestowede for the westlye of my soule and my good frendes as mky
49    executores and overseers thincke best And to this my testament I ordeyn and make John Bushbye
50    of Dunnyngton and John Buller of Sutton my executores to p[er]forme and fulfill my wille above
51    writen And these forsaid executors to paye almaner of dues longing to the chyldren with the
52    chyldrens goodes And they executores to have yerely till the chyldren be of lawfull age either of
53    them xx s And as ofte as these executors ride or goe in busyness longing to my testament or to my
54    chyldren I will that they clame them selfe conciently for their labour and costs of the forsaid
55    chyldrens goodes And also I ordeyn and make Sir James White my brother John Buller Richard
56    Wilkyns and John Pyg overseers that my will be p[er]formed and fulfilled as is above written.