Source: TNA, PROB 11/1069
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This is the last Will and Testament of me David Durel of the Town and County of Poole Gentleman made this fifth day of August in the Year of our Lord one thousand seven hundred and seventy nine as follows First I will that all my just Debts and Funeral Expences be paid and discharged Item I give and bequeath unto Jane Durel Widow of my late Nephew John Durell deceased and to Elizabeth the Widow of my late Brother Tito Durell one black Crape Gown each To my Nephew Tito Durell one Suit of black Broad Cloth To Susanna his Wife a black Crape Gown to his Sons Robert and George one Suit of grey Cloth trimmed with black and to his Daughters Susanna and Elizabeth a black Crape Gown each To my Nephew Robert Tito Durell one suit of black broadcloth To Mary his Wife one Crape Mourning Gown To their Sons John Nicholas Durell and David Durell one suit of greay broadcloth trimmed with black and to their other Children Mary and Robert a Suit of Mourning each Item I give unto my said Nephew Robert Tito Durell all my wearing Apparel both Linen and Woollen Item I give to my Nephew George Tito Brice one suit of grey broad Cloth trimmed with black To my Nephew John Bird one suit of black broad Cloth To his Wife Ann Farwell Bird one Crape Gown To their Sons David Durell Bird and George Durell Bird one suit of Mourning each To my Brother Aaron Durell one suit of black broad Cloth To his Wife Mary Durell one Crape Mourning Gown To my Brother George Durell one Suit of black Broad Cloth And to his Wife Ann Durell one black Crape Gown Item I give to my friend the Reverend John Howell a Pulpit black broad Cloth sufficient in Quantity to make him afterwards a Cloak which I desire he will wear in remembrance of me And I do hereby will and direct that all the Mourning above mentioned shall be purchased at the Shop of my said Nephew John Bird and that the same shall be paid for by my Executors hereinafter named And it is my Will that such of my said Relations as shall at the time of my decease be in Poole and shall not be presented by Sickness shall attend my Funeral with the Mourning hereinbefore given to them on pain of forfeiting the same And I do hereby direct that my Body may be deposited in a Vault in the Meeting House where I now attend Item I give to my friends Mr Edward Brice of Bristol Mr Samuel Grey of the Sunfire Office Mr John Fry of London and the said Reverend Mr Howel a Mourning Ring each And I give to the said Mr Howel the sum of ten Guineas and I will that my present subscription of three Guineas per Annum be continued to be paid to the said Mr Howel during so long time as he shall continue the Pastor of the Dissenting Congregation known by the name of the great Meeting House in Poole aforesaid which Annual Subscription I direct shall be paid by my Executor hereinafter named Item I give to the Poor of the said Congregation the sum of three Guineas to be distributed among them at the discretion of the said Mr Howel and of my Executor hereinafter named Item I give to my said Brother George Durell and to my Nephews the said John Bird Tito Durell and Robert Tito Durell the sum of four hundred pounds to be paid within twelve Months next after my decease Upon Trust nevertheless and to the intent and purpose that they the said George Durell John Bird Tito Durell and Robert Tito Durell and the Survivors and Survivor of them and the Executors and Admors of such Survivor shall and do as soon as conveniently may be place the same out at Interest on such Government or other Securities as they shall think proper with power for them my said Trustees to call in and replace out the same at their Will and pleasure and the Interest profits and produce thereof shall and do from time to time pay apply and dispose of for and towards the Maintenance and Education of the said David Durell Bird and George Durell Bird Sons of my said Nephew John Bird until they shall attain their respective Ages of twenty one years And whn and as soon as they shall respectively attain their said Ages I give and bequeath the said Sum of four hundred pounds and the several securities whereon the same shall be placed unto the said David Durell Bird and George Durell Bird equally to be divided between them part and share alike And my Will further is that if either of them the said David Durell Bird and George Durell Bird shall happen to die under the Age of twenty one Years the sahre and Interest of him so dying of and in the said principal sum and the Interest thereof shall go to the Survivor of them at the time and in manner aforesaid and if both of them the said David Durell Bird and George Durell Bird shall happen to die under the said Age it is my Will that they the said Trustees shall and do pay Assign and deliver the said Sum of four hundred pounds and the Securities for the same unto my Nephew and Niece the said John Bird and Ann Farwell Bird his Wife their Executors or Administrators to and for his her and their own use and benefit Item I give and devise unto my said Brother George Durell all and singular my Lands Tenements and Hereditaments whatsoever situate in the Town of Poole aforesaid and at Litchet Minster in the County of Dorset or elsewhere To hold to my said Brother George Durell and his Assigns for and during the term of his natural life And from and after his decease I give and devise all and singular the said Lands Tenements and Hereditaments unto my Nephews the said John Bird Tito Durell and Robert Tito Durel their Heirs and Assigns for ever to for and upon the several uses Trusts Intents and purposes hereinafter mentioned and declared of and concerning the same (that is to say) As to for and concerning my Moiety or half part of the Dwelling House wherein I now live with the Garden Stable Chaise House and Appurtenances thereunto belonging situate in the Market Street in Poole aforesaid And also all that my Freehold Tenement and Farm late Barnes's with the Lands and Premises thereunto belonging situate at Litchet Minster aforesaid To the use of the said David Durell Bird for and during the term of his natural life And from and after the determination of that Estate To the use of the said John Bird Tito Durell and Robert Tito Durell and their Heirs during the natural life of the said David Durell Bird In Trust to preserve and support the contingent Uses and Estates herein after limited from being defeated or destroyed and for that purpose to make Entries or bring Actions as the case shall require Yet nevertheless to permit and suffer the said David Durell Bird and this Assigns during his life to receive and take the Rents and Profits thereof to and for his own use and benefit And from and after his decease To the use of the first second third and all and every other the Son and Sons of the Body of the said David Durell Bird lawfully to be be begotten severally successively and in remainder one after another as they shall be in Seniority of Age and Priority of Birth and the several and respective Heirs of the Body and Bodies of such Son and Sons lawfully issuing the Elder of such Sons and the Heirs of his Body to be always preferred and to take before the Younger of such Sons and the Heirs of his or their Body and Bodies issuing And for default of such Issue To the use of all and every the Daughter and Daughters of the Body of the said David Durell Bird lawfully to be begotten and to be equally divided between or among them (if more than one) share and share alike to take as Tenants in Common and not as Joint Tenants and the several and respective Heirs of the Bodies of all and every such Daughter and Daughters lawfully issuing and in case one or more such Daughters shall die without Issue of her or their Body or Bodies then as to the Share or Shares of her or them so dying without Issue To the use of the Survivors or Survivor or others or other of them to be equally divided between or among them if more than one share and share alike to take as Tenants in Common and not as Joint Tenants and the several and respective Heirs of the Bodies of such Survivors and others or other of them And if all such Daughters but one shall happen to die without Issue of their Bodies or if there shall happen to be but one such Daughter To the Use of such Surviving or only Daughter and the Heirs of her Body And for default of such Issue To the Use of the said George Durell Bird and his Assigns for and during his natural life And from and after the determination of that Estate To the use of the said John Bird Tito Durell and Robert Tito Durell and their Heirs during the natural life of the said George Durell Bird In Trust to Preserve and support the Contingent Uses and Estates hereinafter limitted from being defeated or destroyed and for that purpose to make Entries or bring Actions as the case shall require Yet nevertheless to permit the said George Durell Bird and his Assigns during his life to receive and take the Rents and profits thereof to and for his own use and benefit and from and after his decease In Trust for the first second third and all and every other the Son and Sons of the Body of the said George Durell Bird lawfully to be begotten severally successively and in remainder one after another as they shall be in Seniority of Age and priority of Birth and the several and respective Heirs of the Body and Bodies of such Son and Sons lawfully issuing the Elder of such Sons and the Heirs of his Body to be always preferred and to take before the Younger of such Sons and the Heirs of his or their Body and Bodies issuing And for default of such Issue To the Use of all and every the Daughter and Daughters of the Body of the said George Durell Bird lawfully to be begotten and to be equally divided between or among them if more than one share and share alike to take as Tenants in Common and not as Joint Tenants and the several and respective Heirs of the Bodies of all and every such Daughter and Daughters lawfully issuing and in case one or more such Daughters shall happen to die without Issue of her or their Body or Bodies then as to the share and shares of her or them so dying without Issue to the use of the Survivors or others of them to be equally divided between or among them if more than one share and share alike to take as Tenants in common and not as Joint Tenants And the several and respective Heirs of the Bodies of such Survivors And if all such Daughters but one shall happen to die without Issue or if there shall happen to be but one such Daughter To the Use of such Surviving or only Daughter and the Heirs of her Body And for default of such Issue To the Use of my Niece Ann Farwell Bird Wife of the said John Bird for and during her natural life And from and after the determination of that Estate To the use of the said John Bird Tito Durell and Robert Tito Durell and their Heirs In Trust in like manner to preserve and support the contingent Uses and Estates hereinafter limited from being defeated or destroyed And from and after the decease of the said Ann Farwell Bird To the Use of the third fourth and every other the Son and Sons of the Body of the said Ann Farwell Bird lawfully to be begotten severally successively and in Remainder one after another as they shall be in Seniority of Age and priority of Birth and the several and respective Heirs of the Body and Bodies of such Son and Sons lawfully issuing the Elder of such Sons and the Heirs of his Body to be always preferred and to take before the Younger of such Sons and the Heirs of his or their Body and Bodies issuing And for default of such Issue To the Use of all and every the Daughter and Daughters of the Body of the said Ann Farwell Bird lawfully to be begotten to be equally divided between and among them if more than one share and share alike to take as Tenants in Common and not as Joint Tenants and the several and respective Heirs of the Bodies of all and every such Daughter and Daughters lawfully issuing and in case one or more such Daughters shall happen to die without Issue ^ To the Use of the Survivors ^ of her or their Bodies then as to or others of them to be equally divided between or among them the share or shares of her or if more than one share and share alike to take as Tenants in or them so dying without common and not as Joint Tenants And the several and respective Issue Heirs of the Bodies of such Survivors And if all such Daughters but one shall happen to die without Issue or if there shall happen to be but one such Daughter To the use of such surviving or only Daughter and the Heirs of her Body And for default of such Issue To the Use of David Durell Son of my said Nephew Robert Tito Durell for and during his natural life and from and after the determination of that Estate To the use of the said John Bird Tito Durell and Robert Tito Durell and their Heirs during the natural life of the said David Durell In Trust in like manner to preserve and support the contingent uses and Estates hereinafter limited from being defeated or destroyed and from and after the decease of the said David Durell To the use of the first second third and all and every other the Son and Sons of the Body of the said David Durell lawfully to be begotten severally successively and in remainder one after another as they shall be in Seniority of Age and priority of Birth and the several and respective Heirs of the Body and Bodies of such Son and Sons lawfully issuing the Elder of such Sons and the Heirs of his Body to be always preferred and to take before the Younger of such Sons and the Heirs of his or their Body and Bodies issuing and for default of such Issue To the Use of all and every the Daughter and Daughters of the Body of the said David Durell lawfully to be begotten to be equally divided between or among them if more than one share and share alike to take as Tenants in Common and not as Joint Tenants and the several and respective Heirs of the Bodies of all and every such Daughter and Daughters lawfully issuing and in case one or more of such Daughters shall happen to die without Issue of her or their Bodies then as to the share or shares of her or them so dying without Issue To the use of the Survivors or others of them to be equally divided between or among them if more than one share and share alike to take as Tenants in Common and not as Joint Tenants and the several and respective Heirs of the Bodies of such Survivors And if all such Daughters but one shall happen to die without Issue or if there shall happen to be but one such Daughter To the use of such Surviving or only Daughter and the Heirs of her Body and for default of such Issue To the use of Robert Durell another Son of my said Nephew Robert Tito Durell and of his Heirs and Assigns for ever And as to for and concerning all that my Tenement or Dwelling House called the Globe situate in the High Street in Poole aforesaid with the Appurtenances thereunto belonging To the use of David Durell Son of my said Nephew Robert Tito Durell for and during his natural life And from and after the determination of that Estate To the use of the said John Bird Tito Durell and Robert Tito Durell and their Heirs during the natural life of the said David Durell In Trust to preserve the Contingent Uses and Estates hereinafter limited from being defeated and destroyed and for that purpose to make Entries or bring Actions as the case shall require Yet nevertheless to permit and suffer the said David Durell and his Assigns during his life to receive and take the Rents and profits thereof to and for his own use and benefit And from and after the decease of the said David Durell To the use of the first second third and all and every other the Son and Sons of the Body of the said David Durell lawfully to be begotten severally successively and in remainder one after another as they shall be in Seniority of Age and priority of Birth and the several and respective Heirs of the Body and Bodies of such Son and Sons lawfully Issuing Issuing the Elder of such Sons and the Heirs of his Body to be always preferred and to take before the Younger of such Sons and the Heirs of his or their Body or Bodies issuing And for default of such Issue To the Use of all and every the Daughter and Daughters of the Body of the said David Durell lawfully to be begotten to be equally divided between and among them if more than one share and share alike to take as Tenants in Common and not as Joint Tenants and the several and respective Heirs of the Bodies of all and every such Daughter and Daughters lawfully issuing and in case one or more of such Daughters shall happen to die without Issue of her or their Bodies then as to the share or shares of her or them so dying without Issue To the Use of the Survivors or others of them to be equally divided between or among them if more than one share and share alike to take as Tenants in Common and as Joint Tenants and the several and respective Heirs of the Bodies of such Survivors And if all such Daughters but one shall happen to die without Issue or if there shall happen to be but one such Daughter To the User of such Surviving or only Daughter and the Heirs of her Body And for default of such Issue To the Use of Mary Durell Daughter of my said Nephew Robert Tito Durell for and during her natural life And from and after the determination of that Estate To the Use of the said John Bird Tito Durell and Robert Tito Durell and their Heirs during the natural life of the said Mary Durell In Trust in like manner to preserve and support the Contingent Uses and Estates herein after limited from being defeated or destroyed And from and after the decease of the said Mary Durell To the Use of the first second third and all and every other the Son and Sons of the Body of the said Mary Durell lawfully to be begotten severally successively and in remainder one after another as they shall be in Seniority of Age and priority of Birth and the several and respective Heirs of the Body of such Son and Sons lawfully issuing the Elder such Sons and the Heirs of his Body to be always preferred and to take before the Younger of such Sons and the Heirs of his or their Bodies Issuing And for default of such Issue To the Use of all and every the Daughter and Daughters of the Body of the said Mary Durell lawfully to be begotten to be equally divided between and among them (if more than one) share and share alike to take as Tenants in Common and not as Joint Tenants and the several and respective Heirs of the Bodies of all and every such Daughter and Daughters lawfully issuing and in case one or more such Daughters shall happen to die without Issue then as to the share and shres of her or them so dying without Issue To the use of the Survivors or others of them to be equally divided between or among them (if more than one) share and share alike to take as Tenants in Common and not as Joint Tenants and the several and respective Heirs of the Bodies of such Survivors And if all such Daughters but one shall happen to die without Issue or if there shall be but on such Daughter To the Use of Such Surviving or only Daughter and the Heirs of her Body And for default of such Issue To the use of the said David Durell Bird Son of my said Nephew John Bird and to his Heirs and Assigns for ever provided nevertheless and my will is and I do hereby direct that it shall nd may be lawful to and for my said Brother George Durell and all and every other person and persons who for the time being shall by virtue of the Uses and Limitations hereinbefore contained be Tenants for life in possession of any part of the Lands Tenements and Hereditaments hereinbefore devised by Indenture or Indentures under their his or her Hands and Seals or Hand and Seal to Demise Lease or Set my said Estates or any part thereof to any person or persons for any Term or Number of Years not exceeding fourteen years in possession and not in Reversion Remainder or Expectancy so as upon every such Lease there be reserved and made payable during the continuance thereof respectively the most and best improved Yearly Rent by hald Yearly or Quarterly payments that can be reasonably had or obtained for the same without taking any Sum or Sums of Money or other thing by way of fine or Income for or in respect of such Lease or Leases and so as none of such Lease or Leases be made dispunishable of waste by any express words therein and so as in every one of the same Leases there be contained a Clause of Reentry on nonpayment of the Rent or Rents to be thereby reserved and so as the Lessee or lessees to whom such Lease or Leases shall be made do Seal and deliver a Counterpart or Counterparts thereof any thing in this my Will contained to the contrary thereof in any wise not- withstanding Item I give and bequeath unto the said George Durell John Bird Tito Durell and Robert Tito Durell their Executors and Administrators all and singular my Household Goods and Furniture and Implements of Household Linen Plate China and Pictures Upon Trust nevertheless to permit and suffer the same to continue and remain as Heir Looms in the said Dwelling House in the Market Street wherein I now live or otherwise to be used by every such person and persons who for the time being shall respectively be seized or possessed of my said Moiety or half part of the said Dwelling House by force and virtue of the several Devises and Limitations thereof contained in this my Will Item all the rest residue and remainder of my real Estate whatsoever and wheresoever and all other my Goods Chattels Monies and Securities for Money Stock in Trade and all other my personal Estate not hereinbefore particularly disposed of I give devise and bequeath unto my said Brother George Durell his Heirs Executors and Administrators according to the nature of my Estate and Interest therein respectively And Lastly I do hereby constitute and appoint my said Brother George Durell the sole Executor of this my last Will and Testament hereby revoking all former Wills by me made and declaring this only to be my true last Will and Testament In Witness whereof I the said David Durell have to this my Will consisting of seven Sheets of Paper set my Hand and Seal to wit my Hand to each of the six preceeding Sheets and my Hand and Seal to this last Sheet and my Seal at the top of the first Sheet where all the said sheets are affixed together the day and year first above written Da d Durell LS This writing consisting of seven Sheets of Paper was Signed and Sealed by the above named David Durell the Testator and by him published and declared as and for his last will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as Witnesses thereto Richd Miller Saml Symes Wm Dean A Codicil to the last Will and Testament of me David Durell of the Town and County of Poole Gentleman made the 31 day of August 1780 as follows First I revoke and make void the Legacy given in and by my said Will of four hundred pounds in Trust for my Grand Nephews David Durell Bird and George Durell Bird the Sons of my Nephew John Bird and instead thereof I give and bequeath unto my Brother George Durell the sum of three hundred pounds Capital Stock called Bank Stock In Trust for my said Grand Nephews David Durell Bird and George Durell Bird and for my other Grand Nephews Samuel Bird another Son of my said Nephew John Bird to be paid to them respectively in equal shares at their respective Ages of twenty one years with Interest in the mean time to be applied for and towards their Maintenance and with benefit of Survivorship in case any of them shall happen to die under twenty one Also I revoke and make void all the Uses and Trusts in my said Will declared of and concerning my Tenement situate in the High Street in Poole aforesaid called the Globe and do hereby give and devise the said Tenement with the Appurtenances unto my said Brother George Durell his Heirs and Assigns for ever to and for his own use and benefit Also I give and bequeath unto the several persons herein after named the several Legacies following over and above the Legacies given them by my Will vizt To Elizabeth Widow of Tito Durell deceased the Sum of ten Guineas To Ann the Wife of my Brother George Durell ten Guineas To my Nephew Tito Durell ten Guineas And to my Nephew Robert Tito Durell ten Guineas to be paid within twelve Months next after my decease And to Susanna Robert Elizabeth and George the Sons and Daughters of the said Tito Durell five Guineas each to be paid at the Age of twenty one years with benefit of Survivorship in case any of the four last named Legatees should happen to die under twenty one To John David Mary and Robert the Children of my said Nephew Robert Tito Durell five Guineas each to be paid at their Age of twenty one Years with benefit of Survivorship in case any of their deaths under twenty one And to my said Nephew and Niece John Bird and Ann his Wife ten Guineas each to be paid within twelve Months from my decease And I do ratify and confirm my Will in all other respects In Witness whereof I have hereto set my Hand and Seal the day and Year first above written Da d Durell LS Signed Sealed published and declared by the said David Durell as and for a Codicil to his last Will in the presence of us who have subscribed it in his presence and in the presence of each other Richd Miller Wm Dean Samuel Austin This Will was proved at London with a Codicil the sixteenth day of October in the Year of Our Lord One thousand seven hundred and eighty before the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of George Durell the Brother of the deceased and sole Executor named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased he having been first sworn by Commission duly to Administer On the 9th day of July 1803 Admon (with this Will annexed) of the Goods Chattels & Credits of David Durell late of the Town & County of Poole decd left ??????? by George Durell the Brother the sole extor named in the sd Will was granted to David Durell ????????? (with the sd Will annexed) ?????????????? of the sd George Durell having been first sworn by ?????? to Admr the sd Geo Durell ?????????? and app???? his Wife Ann Durell sole Extrix and Residy Legatee who died in her ?????
Last Modified: Sunday, 04-Aug-2013 15:45:35 NDT