![[Home]](/~dapike/pix/home.gif)
Source: TNA, PROB 11/1229
If you came to this page directly, then you might want to know that I have additional family history information on my website.
This is the last Will
and Testament of me Aaron Durell of the Town and
County of Poole Gentleman which I make in manner
following that is to say First it is my will that my
Daughter Mary Wills wife of Richard Wills of Poole
aforesaid Mariner shall have the sole Management
and direction of my Funeral and I desire that I may
be interred in a plain but decent manner in my own
vault in the New Meeting yard in Leg Lane I order
and direct that all my just debts Funeral Expences and the
Charges of the probate of this my will be paid and
discharged I give and devise all and singular my
Messuages Lands Tenements and Hereditaments of what
Tenure of kind soever and wheresoever unto my Daughter
Mary Wills the Wife of Richard Wills of Poole aforesaid
Mariner and her Assigns for and during the term of
her natural life without Impeachment of Waste and
it is my will and Mind and I do hereby order and direct
that the same shall be for her sole and separate use and
shall in no wise be subject or liable to the debts
Controul Intermeddling or Engagements of her Present
or any future Husband and that her Receipt or Receipts
or any other Act or Deed which may be deemed
necessary to be by her signed and executed shall be
sufficient and valid in the Law notwithstanding her
present or any future Coverture and from and immediately
after the determination of that Estate by Forfeiture or
otherwise in the life time of the said Mary Wills I
give and devise the same to my Nephews Tito Durell
Robert Durell John Bird and the Reverend George Tito
Brice Clerk their Heirs Executors Admors and Assigns
for and during the natural life of her the said Mary
Wills to the end intent and purpose and upon trust
only to preserve the Contingent Remainders in this my
Will after limitted from being defeated or destroyed
And for that purpose to make entries or bring Actions
as occasion shall require but yet so as to Pay to or
permit and suffer the said Mary Wills or her Assigns to
take and receive the Rents Issues and profits thereof for
her spearate use it being my will and Mind that my
said Daughter Mary Wills shall have the full and
complete Benefit of the Rents Issues and profits of all
and singular my said Messuages Lands Tenements
and Hereditaments so by me devised to her as aforesaid
for her sole and separate use for and during her
natural life but no longer nor for any greater Estate
or Interest And from and immediately after her decease
I give and devise the said Messuages Lands Tenements
and Hereditaments unto all and every the Child and
Children of the said Mary Wills begotten or to be
begotten for such Estate and Estates and in such
manner Parts shares and proportions as she the said
Mary Wills whether Covert or Sole and notwithstanding
her Coverture shall by any deed or Deeds writing or
writings to be by her executed in the presence of and to
be attested by two or more Credible Witnesses or by her
last Will and Testament in writing or any writing
purporting to be her last Will and Testament to be by her
executed in the presence of and to be attested by three or
more Credible witnesses direct limit or appoint give or
devise the same and every or any part or parcel thereof
and for want of such direction Limitation or Appointment
Gift or devise then I do hereby give and devise the same
too all and every the Child and Children of her the said
Mary Wills lawfully begotten or to be begotten and to
their several and respective Heirs Executors Admors and
Assigns according to my Estate and Interest therein as
Tenants in common and not as Joint tenants And if
but one then to such only Child and to his or her
Heirs Executors Admors and Assigns as aforesaid but in
case my said Daughter Mary Wills shall leave no such
Children or Child at her death or leaving such they shall
all die without Issue Then I do hereby give and devise
all and singular my said Messuages Lands Tenements
and Hereditaments and all the residue and Remainder of
my Freehold and Leasehold Estates whatsoever and
wheresoever in possession or reversion unto my four Nephews
the said Tito Durell Robert Durell John Bird and George
Tito Brice and to their several and respective Heirs
Executors Admors and Assigns according to my Estate
and Interest therein equally share and share alike as
Tenants in common and not as Joint Tenants I give
and bequeath to George Kemp of Poole aforesaid
Merchant the Sum of Five Guineas to be paid him
by my Executors in one year next after the death of
my said Daughter In Trust nevertheless to be by him
applied towards the support of the new Dissenting
Meeting house in Leg Lane in Poole aforesaid
Also I give and bequeath to Richard Miller of Poole
aforesaid Surgeon Mr Pobl's Annotations on the Bible
now in his possession which I request he will give
to his Son William after his death Also I give and
bequeath to my Nephew Tito Durell my Gold headed
Cane And whereas I am possessed of one thousand
pounds in the three per cent Consolidated Bank
Annuities and three per cent reduced Bank Annuities
now I do give and bequeath the same to my said
Nephews Tito Durell Robert Durell John Bird and
George Tito Brice their Executors Admors and Assigns
In trust nevertheless that they and the Survivors and
Survivor of them or the Executors or Admors of such
Survivor shall and do pay the Interest Dividends and
Annual Proceed thereof as the same shall become due
unto my said Daughter Mary Wills for and during
the Term of her natural life and from and after her
decease in case her said Husband Richard Wills shall
be then living In trust that he or they do and shall
pay the said Interest Dividends and proceed as aforesaid
unto the said Richard Wills for and during his natural
life and from and after his decease In Trust that he
and they shall and do pay and transfer the said
Principal Stock to and for the benefit of all and every
the Child and Children of my said Daughter Mary Wills
begotten or to be begotten if more than one equally
share and share alike and if but one then to such
only Child provided nevertheless and my will is that if
the said Richard Wills shall happen to die before my
said Daughter Mary Wills then that my said Trustees
Tito Durell Robert Durell John Bird and George Tito
Brice or the Survivors or Survivor of them or the Executors
or Administrators of such Survivor shall and do transfer
the said Stock for the absolute benefit of her the said
Mary Wills her Exors Admors and Assigns And I do
hereby order and direct my said Trustees or the Survivors or
Survivor of them as aforesaid to make such transfer
and Application accordingly but in case my said
Daughter Mary Wills shall happen to die leaving no
Child or Children then from and after her decease in case
the said Richard Wills shall be then dead or if not from
and after his decease I give and bequeath the said
principal Stock and all Interest and Dividends which
shall be due and unpaid at the death of my said
Daughter or the said Richard Wills unto my said
Nephews the said Tito Durell Robert Durell John Bird
and George Tito Durell their respective Executors Admors
or Assigns equally to be divided amongst them share and
share alike and to be considered as vested Legacies and
transmissible to their several Representatives subject only
to the contingencies aforesaid Also I give and bequeath
unto the said Tito Durell Robert Durell John Bird and
George Tito Brice and the Survivors and Survivor of
them and the Executors and Admors of such Survivor
All my Silvert Plate In trust nevertheless to permit
and suffer my said Daughter Mary Wills to use
and enjoy the same during her natural life and from
and after her decease I give and devise the same to
and amongst all and every of her Children if more than
one equally share and share alike and if but
one to such only child but in case my said Daughter
Mary Wills shall leave no lawful Issue living at her
death then I give and bequeath my Silver Coffee
Pot marked A M to my Niece Mary Durell Daur of
Robert Durell her Executors Admors or Assigns And all
the rest and residue of my said Silver Plate I give
and bequeath upon the decease of my said Daughter
without Issues as aforesaid to my said Nephews Tito
Durell Robert Durell John Bird and George Tito Brice
their Executors Admors or Assigns equally to be divided
amongst my said four Nephews share and share
alike and it is my Will that this last bequest
shall be understood as giving a transmissible Interest
to the Representatives of the several Legatees subject
only to the Contingency on which the same is given
And as to all the rest residue and remainder of my
personal Estate and Effects of what nature or kind
so ever and wheresoever (except my Leasehold Estates
which I have herein disposed of along with my
Freehold) I give and bequeath the same to my said
Daughter Mary Wills her Executors Admors and
Assigns to and for her and their own use and benefit
And it is my Will that the same shall be at her
own disposal by Deed or Will duly executed or
otherwise and shall not be subject or liable to the
debts Controul or Engagements of her present or any
future Husband and that her Receipt or Receipts Acts
and Deeds shall be sufficient and valid in the Law
notwithstanding her present or any future Coverture and
it is also my will that in case the said Richard
Wills or any future Husband which she may have
shall attempt to interfere or Intermeddle with the
Effects herein by me last given to my said Daughter
Mary Wills or in the Management thereof or the
same shall be attempted to be disturbed on account
of any of his debts or Engagements I do hereby
revoke such disposition and bequeat and do give
and bequeath the same in that case to the said
Tito Durell Robert Durell John Bird and George
Tito Brice or the Survivors or Survivor of them
or the Executors or Admors of such Survivor In trust
nevertheless to permit and suffer my said Daughter
Mary Wills to have the use and Enjoyment and the
direction and disposal thereof during her life
notwithstanding her said Coverture and from and
after her decease to pay and deliver the same to such
person and persons and for such uses and purposes as
she shall by Deed or will duly executed notwithstanding
her Coverture as aforesaid direct or appoint and for
want of such direction or appointment to her Child or
Children in the manner the Stock is herein before by
me disposed of to them and for want of such
Child or Children to her Executors or Admors and
I do hereby nominate constitute and appoint my
said Nephews Tito Durell Robert Durell John Bird
and George Tito Brice joint and sole Executors of
this my last Will and Testament and my will further
is that my said Executors and Trustees shall deduct
and detain in their hands out of the said respective
Estates all such Costs Charges Damages and expences
as they any or either of them shall pay sustain or
be put unto in or about the execution of defence of
the several Trusts hereby in them reposed or any or
either of them and that neither of them shall be
answerable for the Acts Deeds Receipts Neglects or
defaults of the others or other of them but each for
his own Acts only and that neither of them shall
be charged or chargeable with any more monies
other than what shall actually come to their hands
respectively
respectively nor for the loss thereof unless it be by or
through their wilful neglect or default and I do hereby
revoke and make void all and every former And other
will and wills by me at any time heretofore made
and hereby declare this alone to be my true last will
and Testament In Witness whereof I the said Aaron Durell
the Testator have to this my last will containing nine
sheets of Paper set my hand and Seal that is to say to
the first eight sheets I have subscribed my Name and to
the last
sheet I have subscribed my Name and affixed my Seal
the twelfth day of April in the year of our Lord one
thousand seven hundred and ninety one Aaron Durell
Signed Sealed Published and declared by the said Aaron
Durell the Testator as and for and to be his last will and
Testament in the presence of us who have hereunto
subscribed our Names as Witnesses at the request and
in the presence of the said Testator and of each other
the words "the Reverend" Clerk and Assigns devise and
bequeath the term of aforesaid John Bird said being
first interlined Thos Parr George Smith Thos Peake
This Will was proved at London the sixteenth
day of March in the year of our Lord one thousand
seven hundred and ninety three before the Right Honble
Sir William Wynne Knight Doctor of Laws Master
Keeper or Commissary of the Prerogative Court of
Canterbury lawfully constituted by the Oaths of Tito
Durell John Bird and the Reverend George Tito Brice
three of the Executors named in the said Will to whom
Administration was granted of all and singular the
Goods Chattels and Credits of the deceased having been
first sworn by Commission duly to Administer power
reserved of making the like grant to Robert Durell the
other Executor named in the said Will when he shall
apply for the same
![[Mail]](/~dapike/pix/mail.gif)
Last Modified: Saturday, 03-Aug-2013 13:46:37 NDT