Source: TNA, PROB 11/713
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In the Name of God Amen I John Durell of the Town and County of Poole Marriner being in perfect Health Mind Memory and understanding and calling to Mind the Frailty and uncertainty of this Mortal Life Do make this my last Will and Testament in manner and form following That is to say First and chiefly I recommend my Soul into the Hands of Almighty God my Creator hoping through the Meritorious Death and bitter passion of my Lord and only Saviour Jesus Christ to inherit Eternal Salvation and my Body I commit to the Earth to be decently interred at the Discretion of my Executrix herein after named And as touching such Worldly Estate with which it hath pleased God to bless me I dispose of as followeth Item I give devise and bequeath unto my loving Wife all my Lands Tenements Goods Chattells Household Stuff Money at Interest Shipping of all Sorts Shares and proportions of Shipping Plate Money Mortgages Bonds and other Securitys Rights and Credits whatsoever and wheresoever To hold to her and her assigns for and during so long time as She shall continue a Widow and unmarried for and towards the breeding up educating and maintaining my said Children and if it should happen that the Rents Issues and Proffits of all such Lands Tenements Hereditaments Goods Chattells Money at Interest &c should not be sufficient for the placing out maintaining educating and providing for my Children That then and in such case it is my Will that my said Wife may and shall sell (and I do hereby empower her) or otherwise dispose of such or what parts of my Lands Tenements Goods or Chattells whatsoever She shall think fit The Money thereby arising being only to and for the uses aforesaid Provided my said Wife shall at the time of such sale be my Widow and unmarried I do hereby give unto my said Wife full power and Authority In and by her last Will and Testament to give devise and bequeath all such Lands and Tenements Goods and Chattells whatsoever which She shall be by vertue of this my said Will possessed of or interested in to and amongst my Children and in such manner and proportion as She shall think fit them that behaves themselves dutifull to her but him or her of my Children that shall not please my said Wife in their Marriage or be anyways undutifull Then my said Wife shall give them but one Shilling provided that my Wife be at the time my Widow And my Will further is that in case my said Wife shall marry that then all and singular my said Lands and Tenements Goods and Chattells whatsoever herein before devised to her shall and will immediately after such Marriage descend go to and be divided amongst such my Children as shall be then living And if it shall happen that either of my said Children should die before attaining one and Twenty years That then such Childs share shall go amongst the Survivors share and share alike But my Will is that my Wife shall and may in case of such her Marriage reduck? and reserve to herself an equal share with my said Children of all and singular the said Lands Tenements Goods and Chattells whatsoever And in case such her Marriage I do appoint my Brother Aaron Durell to secure each Child his and hers proportion and proportions and I do empower him to sue for the same and on Receipt to discharge for the same or any part thereof And lastly I do hereby revoke and make void all former Will and Wills Testament and Testaments by me made at any time heretofore hereof I do appoint my said Wife full and sole Executrix In Witness hereof I have hereunto set my Hand and Seal this Thirtieth of January in the seventh year of the Reign of Our Soveraign Lord George by the Grace of God of Great Britain &c And in the year of our Lord Christ One Thousand Seven Hundred and Twenty one Jno Durell Signed and sealed published and declared by the said Testator to be his last Will and Testament in the presence of Robert Tito Jane Keizar Mary Austin Poole ye 8th Jany 1725/6 breaking open my Will and perusing him on the other side I found my dear Bror Aaron my Trustey and is now dead and have been sometime buried for want of him I do opound my loving Friends Mr Wm White and Mr John Derbey to be my Trustees for my Will and Testament on the other side Witness my Hand the day and Date above mentioned Jno Durell This Will was proved at London the fourth day of November in the year of our Lord One Thousand seven Hundred and Forty one Before the Right Worshipfull John Bettesworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted By the Oath of Elizabeth Durell Widow the Relict of the Deceased and sole Executrix named in the said Will To whom Administration of all and singular the Goods Chattells and Credits of the said Deceased was granted being first sworn by Commission duly to administer
Last Modified: Saturday, 03-Aug-2013 19:52:10 NDT