23 May 1853 Will of Dorothy Durell of Poole, widow (proved 2 Sept 1853)

Source: TNA, PROB 11/2178

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This is the last Will and Testament
of me Dorothy Durell of the Town and County of of the Town of
Poole Widow I hereby revoke all Wills and Codicils made by me
at any time or times heretofore I give and devise the messuages
lands and tenements formerly belonging to Mr Robert T Durell and
devised to me by my late husband unto Mr David Durell and Mr
John Durell Sons of Mr Robert Durell deceased To hold the same to
them and their respective heirs and assigns as tenants in common
I give and bequeath unto my friends The Reverend Peter William
Jolliffe and Mr Francis Edwards both of Poole the sum of fifty
pounds each as small tokens of my regard the same to be paid within
three Calendar months after my decease I give devise and bequeath
unto George Ledgard and Richard Ledgard both of Poole Bankers my
leasehold messuage or dwellinghouse on the Parade Poole wherein
I reside with the garden and its appurtenances also all my stock
in the Government long annuities also all my stock in the consolida
ted three per cent annuities amounting to one thousand pounds and
also all other the stocks funds and securities for money and all the
monies household goods furniture effects chattels and all other the
estate both real and personal of or to which I or any person or
persons in trust for me shall be seized possessed or entitled at the time
of my decease (except such part or parts thereof as I have herein
given or may hereafter specifically devise or bequeath To hold the
same unto the said George Ledgard and Richard Ledgard their
heirs executors administrators and assigns respectively Upon trust
that they the said George Ledgard and Richard Ledgard and the
survivor of them and the heirs executors administrators and assigns
of such survivor and the trustees and trustee for the time being of
this my Will as and shall so soon as conveniently may be after
my decease and either by public auction or private contract sell
dispose of and convert into money for the best prices that can be
reasonably obtained my said messuage garden and appurtenances
and also all such other parts of my said trust estate and premises



as shall not consist of money or of government stocks funds or securities or of
long annuities which are not to be sold And do snad shall from and out
of the monies which shall arise from all such Sales disposal and con-
version aforesaid in the first place pay the costs and expenses atten-
ding the same and all my just debts funeral and testamentary expences
and the pecuniary legacies hereing bequeathed Then do and shall lay
out and invest all the monies which will remain after satisfying
the purposes aforesaid or which shall ocme to their or his hands or
hand by virtue of this my Will in the purchase in their or his
names or name of Parliamentary or government stocks or funds of Great
Britain And I declare that my said trustees and trustee shall stand
and be possessed of and interested in the said stock in the government
long annuities and the said One thousand pounds Consolidated three
per cent annuities and the said stocks or funds so to be purchased as
aforesaid and of and in all other my trust stocks funds estate and pre-
mises and the residue thereof Upon trust that they and he my
said trustees and trustee do and shall from or out of the dividends
interest and annual produce thereof pay unto or permit my faithful
Servant Caroline Haskett to receive and take one annuity or clear
yearly sum of twenty pounds during the term of her life the same
annuity to commence from the day of my decease to be payable half
yearly on the twenty fifth day of January and the twenty fifth day
of July the first payment thereof to be made on the first of those days
which will happen next after my decease and whether a half year
shall have then expired or not And further that my said trustees and
trustee do and shall pay the remainder or surplus of the dividends interest
and annual produce of my said trust stocks funds estate and premises
after satisfying the said annuity and the whole thereof after the decease
of the said Caroline Haskett as and when the same shall become due
and payable unto my Cousin Dorothy Farrell of Lower Clapton Middlesex
Spinster during the term of her life And I declare that from and imme-
diately after the decease of the said Dorothy Farrell my said trustees and
trustee shall stand and be possessed of and interested in all the said trust
stocks and funds and the interest dividends and annual produce thereof and
all other my said trust estate and premises and the residue thereof subject
to the payment of the said annuity of twenty pounds Upon trust that they
and he do and shall pay transfer or divide the same unto or between Mrs
Jane Hansmore of Woodbridge in Cornwall Widow of Mr John Hansmore
formerly Collector of the Customs at Truro Miss Nancy Ebster of Skinner Street
Poole Elizabeth Hart now living with the said Dorothy Farrell at Lower
Clapton aforesaid and Miss Sophia Kemp of the Parade Poole in equal
shares and proportions and in case either or any of them the said Jane
Hansmore Nancy Ebster Elizabeth Hart or Sophia Kemp shall die in
my lifetime then do and shall pay transfer or divide my said trust
stocks and funds and the interest dividends and annual produce thereof
and all other my said trust estate and premises and the residue thereof
subject as aforesaid unto or between such of them as shall be living at
the time of my decease in equal shares and proportions I direct that the
legacy duty on the said annuity of twenty pounds shall be paid out
of the dividends of my said stocks or annuities due at the time of my
decease and that the residue of such last mentioned dividends shall
form part of my residuary estate And I declare that in case the said
Dorothy Farrell shall happen to die in the lifetime of the said Caroline
Haskett my said trustees or trustee shall within three calendar months
after her decease set apart in their or his names or name a sufficient
sum of any of the said trust stocks or funds for answering by means of
the dividends or income thereof the payment of the said annuity of



twenty pounds and that thenceforth the remaining part of my said trust
estate and premises shall be exonerated from payment of the same annu-
ity and on the dropping thereof the stocks funds or premises so to be set apart
shall fall into the residue of my said estate And I authorize my said
trustees and trustee to full state or renew the Lease of my said messuage in
case any life or lives therein shall remain to be put in or shall drop
And I authorize my said trustees and trustee to vary and transpose the
said trust stocks and securities for or into others of the same kinds
aforesaid except the said Long annuities and also to do make and
executie all deeds and transfers necessary for the purposes of this my Will
And I declare that that the receipts of my said trustees and trustee for
all monies or effects payable or paid delivered to them or him by
virtue of this my Will or the trusts thereof shall be good discharges
to the persons or any purchasers to whom the same receipts shall be
given who shall respectively be exonerated from seeing to the application
or being liable for the misapplication of the monies or premises in such
receipts acknowledged to have been received I give to the said Caroline
Haskett all my wearing apparel and to each of the Servants who shall
be living with me at the time of my decease a suit of mourning I nom-
inate and appoint the said George Ledgard and Richard Ledgard to be
the Executors of this my Will And I bequeath to each of them the sum
of fifty pounds for their trouble in the trusteeship and executorship And
I bequeath to the said George Ledgard my two family portraits painted
in oil colors which are in my bedroom And I declare that if my
trustees herein named or any trustees or trustee to be appointed under this
clause shall die or be unwilling or incompetent to accept or execute this
trusts of this my Will it shall be lawful for the said residuary legatees
in trust or the survivors or survivor of them and after the decease of
the last survivor for the continuing or last surviving trustee his execu-
tor or administrator by any writing under their respective hands to
substitute any person or persons to be a trustee or trustees in the place
of any such trustee or trustees who may so die or be unwilling or in-
competent as aforesaid in whom my said trust estate shall be vested
accordingly jointly with any surviving or continuing trustee or solely
as occasion shall require and I exempt every trustee of my Will
from all liability for losses occurring without his own wilful default
and authorize him to retain and allow his Cotrustee or Cotrustees
all expences incidental to the trusteeship And I declare that the
powers hereinbefore vested in the trustees herein named shall be
exerciseable by the trustees and trustee for the time being of this
my Will In witness whereof I the said Dorothy Durell have to
this my last Will and Testament contained in five sheets of paper
subscribed my hand this twenty third day of May one thousand
eight hundred and fifty three  Dorothy Durell  Signed
by the said Dorothy Durell the testatrix in the presence of us both present
at the same time who in her presence at her request and in the presence
of each other have hereunto subscribed our names as witnesses the words
"estate" and "and" being first interlined on the third sheet and "dividends"
on the same third sheet being writtn on an erasure and "from" on this
last being partly written on an obliteration  Robt White ?????man
Poole  John Kemp Solicitor Bath

This is a Codicil to the last Will and Testament of me
Dorothy Durell of the Town and County of the Town of Poole Widow
which will bears date on or about the twenty third day of May last
past Whereas I have by my said Will named George Ledgard and



Richard Ledgard both of Poole Bankers as trustees and executors of my said
Will and thereby gave devised and bequeated unto them their heirs execu-
tors administrators and assigns respectively a leasehold messuage certain
stocks and funds and other hereditaments therein mentioned and all other
my estate both real and personal And whereas it is my wish to appoint
John Kemp of the City of Bath Solicitor to be also a trustee and executor
of my said Will together with the said George Ledgard and Richard
Ledgard Now it is my Will that the said John Kemp shall be added
as one of the trustees and executors of my said Will and I appoint him
such accordingly And I direct that my Will shall be read construed
and take effect in the same manner as if the name of the said John
Kemp had been inserted therein together with the names of the said
George Ledgard and Richard Ledgard as trustees and executors of my
said Will And I direct that the said John Kemp shall be the Solicitor
to my trust property and as such notwithstanding his acceptance of the
trusteeship and executorship be allowed all professional charges which if
employed as Solicitor to my trustees and executors not being a trustee
and executor himself he would be entitled to make And I confirm the
bequest in my said Will of fifty pounds each to the said George Ledgard
and Richard Ledgard And I also confirm my said Will in all other
resepcts In witness whereof I have hereunto set my hand this twentieth
day of June one thousand eight hundred and fifty three  Dorothy
Durell  Signed by the said Testatrix Dorothy Durell as and for
a Codicil to her last Will and Testament in the presence and in the presence
of each other have hereunto subscribed our names as attesting witnesses
R Olway Wilson Poole Dorset  Edward Lacy Poole Dorset

Proved at London with a Codicil the 2d day of September 1853
before the Judge by the oaths of George Ledgard and Richard Ledgard
Esquires the executors named in the Will and John Kemp Esquire the
executor named in the said Codicil to whom administration was granted
having been first sworn by Commission duly to administer

Last Modified: Friday, 02-Aug-2013 11:45:11 NDT