Source: TNA, PROB 11/877
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This is the last will and Testament of me Elizabeth Durell of the Town and County of Poole Widow and Relict of John Durell late of Poole aforesaid Merchant deceased Labouring under a great Indisposition of Body but of sound and disposing mind memory and understanding made and published this twenty seventh day of March in the year of our Lord one thousand seven hundred and sixty as follows. First I give and bequeath unto my daughter Elizabeth Tito Wife of George Tito my late Husband's Picture Also I give and bequeath unto my daughter Eleanor Bird Widow the sum of Twenty five pounds to be paid to her by my Executors hereinafter named within one year next after my Death Also I give unto my said daughter Eleanor Bird my own Picture and all my wearing apparel of what kind soever, six Leather Chairs and the Grates in the Hall Also I give unto my son David Durell my Bed Bedding and Bedstead I now lye on with all the Furniture thereto belonging, a pair of Chest Drawers and also my Brass Stove, Fire pan, Tongs, Poker, Fender and the pair of Bellows which are in my Lodging room and also one Huckaback Table Cloth, six Damask Napkins, one pair of my best Holland Sheets one pair of my best pillow Cases, six of my best pewter Platers, one Soup Plate, one large pewter Dish and six Cane Chairs Also I give and bequeath unto my son George Durell the like Sum of Twenty five pounds to be also paid to him in like manner within one year next after my Death and I give unto my said son George Durell my Clock and Case Also I give unto my Grandson John Durell son of my late deceased son Moses Durell my little Feather Bed and two pictures called Adam and Even, one Chine Bowl and one Gold Ring Also I give and bequeath unto my Grandchildren Richard Gleed Durell, Robert Durell and Elizabeth Durell sons and Daughter of my late deceased son Tito Durell the sum of Five pounds apiece to be paid to them respectively on their attaining their respective ages of Twenty one years or sooner if my Executors hereafter named shall think fit and in case any or either of them my said Grandchildren (the Children of my said son Tito Durell deceased) shall happen to dye before they attain their respective ages of Twenty one years or payment of his or her Legacy Then the part of such Grandchild or Grandchildren so Dying shall go and be paid to the Survivors and Survivor of them and in case all such my said Grandchildren shall happen to Dye before they sall be intitled to receive their Legacys as aforesaid Then the same shall go and be equally divided between and amongst my three sons Aaron Durell, David Durell and George Durell and my said daughters Elizabeth Tito and Eleanor Bird Also I give unto Eleanor Durell Widow of my late son Moses Durell deceased and Elizabeth Durell Widow of my late son Tito Durell deceased one Mourning Gown each Also I do hereby give and bequeath unto my said sons Aaron Durell, David Durell and George Durell and the Survivors and Survivor of them and the Executors and Administrators of such Survivor the sum of Eighty pounds of lawful British money to and for the uses and upon the Trust hereinafter mentioned and Declared of and concerning the same (that is to say) that the said Aaron Durell, David Durell and George Durell and the Survivors and Survivor of them his Executors and Administrators shall as soon after my decease as conveniently may be put and place out the said sum of Eighty pounds on Government security or securities and the Interest and produce thereof I do hereby Order and Direct shall be paid and applied unto my said Grandson John Durell for and during the Term of his natural Life and after his Decease I do hereby Order and Direct that the said sum of Eighty pounds shall be paid and applied to and amongst such Child or Children of my said Grandson John Durell as he shall leave at the time of his Death share and share alike But in case my said Grandson John Durell shall happen to dye without any Child or Children by him lawfully begotten Then I do hereby Order and Direct that the said Sum of Eighty pounds shall be and remain to and for the use and benefit of my said sons Aaron Durell, David Durell and George Durell equally share and share alike and to their respective Executors and Administrators provided nevertheless my Will is and I do hereby give full power and authority unto my said sons Aaron Durell, David Durell and George Durell and the Survivors and Survivor of them his Executors and Administrators at any time after my decease and during the Life of my said Grandson John Durell to pay the said sum of Eighty pounds or any part thereof unto my said Grandson John Durell If they my said Trustees or the survivors or survivor of them his Executors or Administrators shall think proper and adviseable and that the Receipt and Receipts of my said Grandson John Durell shall be a lawful and sufficient discharge to my said Trustees and the survivors or survivor of them his Executors and Administrators for the said sum of Eighty pounds or such part thereof as they shall think proper to pay to the said John Durell Also I give and devise unto my three sons Aaron Durell, David Durell and George Durell and my said daughters Elizabeth Tito and Eleanor Bird all and singular my Messuages Houses Lands and Hereditaments with their and every of their Appurtenances situate lying and being in the said Town and County of Poole or elsewhere and all other my real Estate whatsoever and wheresoever To hold the same and every part and parcel thereof with their and every of their Appurts unto the said Aaron Durell, David Durell and Geo Durell, Elizabeth Tito and Eleanor Bird their Heirs and Assigns for ever as Tenants in Common and not as joint Tenants Also I give and bequeath unto my three sons Aaron Durell, David Durell and George Durell and to my said Daughters Elizabeth Tito and Eleanor Bird and to their Executors Administrators and Assigns as Tenants in Common all that my Leasehold Estate and Estates with their and every of their appurtenances situate and being at Sturminster Marshall in the County of Dorset or elsewhere for and during all the Term or Terms of years Estate and Interest which I now or at the time of my Death might have therein and my Will is that the respective Devises to my said three sons Aaron Durell, David Durell and George Durell and my said Daughters Elizabeth Tito and Elianor Bird of my said Freehold and Leasehold Estates as aforesaid are upon this Express Condition nevertheless That neither of them nor the Heirs Executors or Administrators of them or any or either of them shall or will at any time or times hereafter Grant Bargain sell Release Assign or otherwise convey his her or their Estate or Estates Right Title or Interest of in or to all or any part of my said Freehold or Leasehold Estates to them Devised as aforesaid to any person or persons whomsoever without the Knowledge of the other of them his her or their Heirs Executors and Admors and upon his her and their refusal to accept a grant and conveyance of such his her or their Estate Right Title or Interest of in or to the said Freehold and Leasehold premes so to them respectively Devised as aforesaid He she or they paying as much money or other reasonable Consideration for the same as three or more indifferent persons shall adjudge and determine and my Will and express Desire is that as well my Freehold as Leasehold Messauages Houses Lands Tenements and Hereditaments herein before devised and bequeathed unto my said three sons Aaron Durell, David Durell and George Durell and my said daughters Elizabeth Tito and Eleanor Bird in manner as aforesaid shall be charged and chargeable and I do hereby charge and subject the same accordingly to and with the payment of all my just Debts and several Money Legacies by me herein and hereby given and bequeathed Also all my Plate Gold Chain and Gold Rings I do hereby give and bequeath the same unto and equally amongst my said sons Aaron Durell David Durell and George Durell and my said daughters Elizabeth Tito and Eleanor Bird to be equally to be divided between them Share and Share alike Also all the rest and residue of my Household Goods Furniture Household Linnen and all other my personal Estate whatsoever not hereinbefore given or disposed of I give and bequeath unto my three sons Aaron Durell, David Durell and George Durell and to my daughter Eleanor Bird their Executors Administrators and Assigns respectively to be equally divided and parted between them share and share alike and lastly I do hereby nominate and appoint my three sons Aaron Durell David Durell and George Durell joint Executors of this my last Will and Testament, hereby revoking and making void all former and other Will and Wills by me heretofore made Ratifying and Confirming this only to be my last Will and Testament. In Witness whereof I the said Elizabeth Durell the Testatrix have hereunto set my hand and seal the day and year first above written. Eliz Durell. Signed sealed published and declared by the said Testatrix abovenamed as and for her last Will and Testament in the presence of us whose names are hereunto subscribed as Witnesses in her prsence and at her request and in the presence of each other (the Words "George Durell" and the Words "Gold Chain and gold Ring" being fist interlined. Mary Dacomb. John Oliver. John Rumsey. This Will was proved at London the thirteenth day of July in the year of our Lord one thousand seven hundred and sixty two before the Right Worshipfull Sir Edward Simpson Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Aaron Durell, David Durell and George Durell 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.
Last Modified: Sunday, 04-Aug-2013 13:28:16 NDT