Source: TNA, PROB 11/1516
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This is the last Will and Testament of me David Durell Bird of the Town and County of Poole Mercer Draper and Grocer which I make as follows that is to say I give & bequeath to my mother in law Ann Bird of Poole aforesaid Widow to her own use absolutely all & singular my household Goods & furniture plate linen wearing apparel China Glass printed books and liquor with the Casks & bottles containing the same also all other the articles & things which may be or about my dwelling house at Poole & my cottage at Lytchett at my decease except my Stock in Trade & shop Fixtures monies and securities for money Title Deeds & manuscript books & writings & whereas my said Mother in law advanced one half of the money for the renewal of the lease of my Cottage situate in Lilly lane in Lytchett Minster in the County of Dorset now I do by this my will give and bequeath unto my said Mother in law Ann Bird all that my said leasehold Cottage with the appurts so situate in Lilly Lane in Lytchett Minster aforesaid to hold the same unto her my said Mother in law her Exors admors and assigns for & during all my Estate and Interest which shall be to come & unexpired therein at my decease I give and devise unto Mary Durell of Poole aforesaid Spinster daur of Robert Tito Durell of the same place Gentleman all my part share & interest and other my Estate right and Title of in and to all those two messuages or dwelling houses with the appurts situate in Market Street in Poole aforesaid & also of the Garden Coach house & stable thereunto belonging which said messuages or dwelling housess & Garden are now in the occupations of Esther Brown Spinster and John Street Master Mariner and the Coach house & stable in my own occupation and also of in & to such part of the messuage or dwelling house and Garden which I occupy my self and appertains to the said messuage or dwelling house in the occupation of Miss Brown and not comprised in an Indenture of mortgage made of the dwelling house and premises in my occupation by my late Father John Bird to my said mother in law or to contain Trustees for her for the Principal Sum of Six hundred pounds & interest upon or immediately before her marriage with my said late Father to hold the same unto her the said Marry Durell her heirs Exors admors and assigns absolutely for ever or according to my Estate and Interest therein I give devise and bequeath unto Thomas Crew of Poole aforesaid Merchant & Thomas Parr of the same place Gentleman all such part of the dwelling house wherein I now live & of the Garden & appurts thereunto belonging as are comprised in and secured by the said Indenture of mortgage & also all that my undivided fourth part & all other my right share & Interest of in & to all and singular the messuages lands & heredits & Premises devised to my late Father John Bird & to my relations Tito Durell Robert Tito Durell & The revd George Tito Brice by the Will of Aaron Durell late of Poole aforesaid Gentleman deced & also all & singular other the messuages lands Tenements & heredits whatsoever which I shall die seized of interested in or intitled unto wheresoever situate of & in what tenure or kind soever To hold the same & every part thereof with their & every of their appurts unto the said Thomas Crew & Thomas Parr & their Exors admors & assigns for ever or according to my Estate & interest therein respectively upon the trusts nevertheless & to & for the uses ends intents & purposes hereinafter mentioned expressed & declared of & concerning the same that is to say in trust as to the said heredits & premises comprised in & secured to my said Mother in law or her Trustees by the said mortgage to permit and suffer her my said mother in law to have receive & take the rents & profits thereof & of every part thereof for & during the term of her natural life in order to keep down and discharge the Interest due or to become due on the said mortgage & if such rents & profits should be more than sufficient for that purpose then in trust to pay to or permit my said mother in law to receive the surplus arising from such rents & profits to & for her own use absolutely for and during the term of her natural life & from and after the decease of my said mother in law or during her life if she should request the same In trust to sell and dispose of the same heredits and premises so comprised in the said Indenture of mortgage either by public Auction or private Contract as to my said Trustees shall seem best & from & out of the money arising from such Sale as aforesaid in trust to pay off & discharge unto my said mother in law the said principal Sum of six hundred pounds & all arrears of Interest that shall be then due thereon and the Expences attending such sale & if there shall be any surplus after paying off such principal Interest and Expences as aforesaid and it is my will that the same shall sink into & form a part of my residuary Estate and Effects hereinafter bequeathed and as to all my said fourth part or other share and interest of in & to the messuages lands heredits & premises so devised by the Will of the said Aaron Durell deceased as aforesaid & all other my messuages lands heredits & premises & shares & interests of in & to any messuages lands heredits & premises of which I may die seized possessed intitled unto or interested in In trust to sell & dispose of the same in such manner parts & shares & at such times as my said Trustees shall judge most proper & as to the money arising from the sale or sales of my share & interest in the messuages lands heredits & premises devised by the Will of the said Aaron Durell after the payment of all Expences attending the same upon trust to pay & divide the same unto & equally amongst Robert Tito Durell Tito Durell Elizabeth Hodges & Mary Ann Major Grand Children of the said Tito Durell late of Longfleet Gentleman d??? share & share alike & as to the purchase money arising from the sale of my other Lands tenements & heredits or shares or interests therein it is my will & I do hereby direct that the same shall sink into & form a part of my residuary Estate hereinafter bequeathed & it is my will & I do hereby declare that upon the sale or sales which shall be made under any of the trusts aforesaid the receipt or receipts of my said Trustees shall be a good & sufficient discharge or good and sufficent discharges for the purchase money to be expressed in such receipt or receipts & that the purchaser or purchasers shall not be obliged to see to the application of the purchase money or be answerable or accountable for the misapplication or nonapplication thereof I give and bequeath unto Anna Mary Clarke & Henry Clarke son & daur of James Clarke of Poole aforesaid Gentleman the Sum of fifty pounds each which I direct shall be paid to them respectively by my said Trustees when & as they shall attain their respective ages of Twenty one years which legacies shall be placed out at Interest in the Public Stocks or funds of the United Kingdom as soon as my Exors hereinafter named can conveniently raise the same & the Interest or dividends which shall arise from the said last mentioned legacies shall be suffered to accumulate until they shall respectively attain their ages of twenty one years & then to be paid to them with their respective legacies & such accumulated Interest to be from time to time placed out at Interest when the Sum shall be of magnitude suffict for that purpose which I leave to the discretion of my Exors & to be added to & form a part of their said said respective legacies I give and bequeath unto my Servant Ann Brown Ten Guineas I give unto Thomas Crew & Thomas Parr my Exors hereinafter mentioned the Sum of Twenty pounds each for their Trouble in executing my will & I direct my Exors hereinafter named to sell & dispose of my stock in Trade & shop Fixtures & my money in the public funds & also to collect & get in the outstanding debts which may be due to me as soon as conveniently may be after my decease & thereout to pay and discharge my debts funeral Expences & the Charges of the probate hereof & also the Pecuniary legacies bequeathed by this my will and as to my debts funerall Expences & the Charges of the probate hereof it is my will that if my personal Estate shall be insufficient to discharge the same then the same shall be borne & defrayed out of the monies arising from the sale of all my lands & heredits and shares & Interests in lands & heredits herein directed by me to be sold & as to all the rest residue & remr of my Estate & Effects whatsoever & wheresoever not hereinbefore otherwise disposed of ?????d??? what I have hereinbefore directed to be added thereto from the sale or sales herein before directed I give devise & bequeath the same & every part thereof unto Tito Hodges son of Robert Hodges of Poole aforesd Currier & to John Nicholas Durell David Durell & Robt Durell the younger Children of the said Robert Tito Durell to hold the same unto them the said Tito Hodges John Nicholas Durell David Durell and Robert Durell the younger equally to be divided amongst them share & share alike & to their several and respective heirs Exors Admors & assigns absolutely & fore ever & revoking all former wills by me made I declare this only to be my last will and Testament & do appoint the said Thomas Crew & Thomas Parr Exors hereof provided always and I do hereby further direct that it shall be lawful for the said Thomas Crew & Thomas Parr & the Survivor of them his Exors or Admors or any now Trustee or Trustees to be appointed by virtue of the provision next hereinafter contained to lay out or invest all such trust monies as shall come to their hands by vertue of this my will or in or upon any of the Stocks or funds of the United Kingdom or in any Government public or real security in the United Kingdom & to vary and transfer the same stocks funds & Securities & also all such stocks funds & securities as shall be standing in my name at my decease as occasion shall require or as shall be thought fit provided also that in Case the said Thomsa Crew & Thomas Parr or either of them or any Trustee or Trustees to be appointed under this present provision in their place or the place of either of them shall die or become unwilling or unable to act in the said Trusts before the said Trusts shall be fully executed and performed then & as often as the same shall happen it shall be lawful for the said Thomas Crew Thomas Parr their or his Exors or Admors or for the Acting Trustees or the surviving Trustee for the time being under this my will to nominate any fit person or persons to supply the place or places of the Trustee or Trustees respectively dying or becoming unable or unwilling to act as aforesaid & that immediately after such appointment the said Trust Estates monies & Effects stocks funds & securities shall be conveyed assigned & transferred & in such manner that the same may vest in such new Trustee or Trustees jointly with the Surviving Trustee or in such new Trustees solely as the Case may require subject to the Trusts aforesaid & such new Trustee or Trustees shall exercise all the powers and authorities whatsoever herein before contained in the same manner to all intents & purposes as if he or they had been originally appointed by this my will & also that the said Trustees & Exors hereby appointed & also the Trustees to be appointed by vertue of the provision lastly hereinbefore contained severally & respectively and their several and respective heirs Exors and admors shall be charged & chargeable with such sums only as they shall respectively actually receive by virtue of the trusts hereby reposed in them or in the execution of this my will notwithstanding their joining in signing any receipt or recipts or doing any other act for the sake of conformity and that they or either of them shall not be answerable or accountable for any misfortune loss or damage which may happen in the execution of the aforesaid trusts or this my will or in relation thereto except the same shal happen by or through his or their own wilful act neglect or default & in that case each person alone shall be answerable for any loss or damage as shall arise from his own act neglect or default & it shall and may be lawful for them & each of them and their respective heirs Exors or Admors or any new Trustee or Trustees to be appointed by virtue of the provision for that purpose hereinbefore contained from time to time by & out of my Estate to allow & pay unto each other all such Costs Charges & Expences as they or either of them shall pay expend or be put unto in or about the execution of this my will and I hereby devise to the said Thomas Crew & Thomas Parr & their heirs all Lands & Heredits which at my decease I shall hold as mortgagee in fee or as Trustee to hold unto the said Thomas Crew & Thomas Parr their heirs & assigns subject to such Equity of redemption & to such trusts as shall be then subsisting therein respectively In witness whereof I the said David Durell Bird the Testor have to this my last will and Testament contained in four sheets of paper set my hand & seal that is to say to the first three sheets I have subscribed my name & to this fourth & last sheet I have subscibed my name & affixed my Seal this twenty second day of May in the year of our Lord 1810 Dd D Bird Signed sealed published and declared by the said David Durell Bird the Testor as and for his last will & Testament in the presence of us who at his request in his presence & in the presence of each other have hereunto subscribed our names as witnesses attesting the due execution thereof the words & Garden in the 27 line of the first sheet "and" in the 15th line of the 2nd sheet ?????ble or in the 3rd line & "the" in the 7th line of the 4th & last sheet being first interlined & part of the word unto in the last line of the first sheet Tito in the 36th line of the second sheet deficiency in the 23rd line & "either" in the 47th line of the third side being first written on erasures & an Erasure in the 13th line of the 4 & last sheet being also first made before the exon hereof John Dunning Thomas Tarrant Jane Crew This is a codicil to be added to & taken as part of the last will and Testament of me David Durell Bird of the town & County of Poole Mercer Draper & Grocer which bears date the twenty second day of May last & is hereunto annexed whereas by my said will I gave & bequeathed unto my mother in law Ann Bird of Poole aforesaid widow for her own use absolutely all & singular my household goods & furniture plate linen China wearing apparel Glass printed books and liquors with the Casks & bottles containing the same & also all other the articles and things which might be in or about my dwelling house at Poole or my Cottage at Lytchett at my decease except my Stock in Trade shop fixtures monies & securities for money title deeds & manuscripts books & writigns & whereas my said mother in law in since dead now I do hereby direct that my Exors named in my said Will shall as soon as conviently may be after my decease sell & dispose of the same & every part & parcel thereof either by public auction or private Contract as to them shall seem best & apply the money arising from such sale or sales towards paying & discharging the Debts ^ there shall be any surplus arising ^ owing by me at my from such sale or sales I direct that the same shall sink into decease and if after & form a part of my residuary personal Estate & Effects & whereas the payment of by my said Will I gave to my said Mother in law all my such debts Estate and Interest in a leasehold Cottage with the appurts situate in Lilly Lane in Litchett Minster now I give & bequeath the same unto my residuary legatees named in my said will equally amongst them as Tenants in Common & to their respective Exors admors & assigns & I give & bequeath unto & equally between the residy legatees named in my said will the Sum of one hundred & fifty pounds given to me by my said Mother in law by her will and I do hereby ratify & confirm my said will in all respects as far as the same is not altered by this my codicil In witness whereof I have hereunto subscribed my name & affixed my Seal this fourteenth day of June in the year of our Lord 1810 Dd D Bird This writing was Signed & sealed by the above named David Durell Bird & by him published & declared as & for a codl to his last will & Testament in the presence of us who have hereto subscribed our names as witnesses in his presence & in the presence of each other The words "beginning with the words" and whereas "& ending with the words & assigns between the 19th & twentieth lines being first interlined Jas Cherrett Joseph Dowall John A Willest Proved at London with a Codl 19th Novr 1810 before the Judge by the oaths of Thomas Crew & Thomas Parr the Exors being sworn by Comon to Admr
Last Modified: Sunday, 04-Aug-2013 21:47:31 NDT