4 February 1815 Will of Robert Tito Durell the younger of Poole (proved 8 January 1820)

Source: TNA, PROB 11/1624

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This is the last Will and Testament of me
Robert Tito Durell the younger of Poole in the County of Dorset Master
Mariner First I direct that all my just Debts Funeral Expences and the
Costs and Charges of Proving this my Will be paid and satisfied Then I give
devise and bequeath unto my Brothers John Nicholson Durell and David
Durell both of Poole in the county of Dorset Gentlemen or the Survivor of
them their and each of their Heirs Executors and Admors all my real and
Personal Estate and Effects of whatever nature or kind soever the same be or
consist of at the time of my decease Upon Trust nevertheless that they the
said John Nicholson Durell and David Durell do and shall out of the
Dividends Interest and proceeds of my Estate pay and apply unto such 
person and persons and to such uses and in such proportions as is hereafter
mentioned expressed and declared of and concerning the same that is to say To pay
unto my wife Mary Ann Durell the Interest Dividends and proceeds of One
thousand pounds for and during her natural life and after her decease to and
amongst such of my Children as shall be living at the time of my decease or
with which my said wife may be pregnant at the time of my decease Then 
I give and bequeath unto my said Wife all my Household Furniture Plate Linen
and China Then I give and bequeath unto my Father Robert Tito Durell
and my Mother Mary Durell the Sum of One hundred pounds also to
my Sister Mary Durell the Sum of One hundred pounds also to my
two Brothers John Nicholson Durell and David Durell (my two Executors)
the Sum of Nineteen pounds Nineteen Shillings each also to Dorothy
								the



the Wife of John Nicholson Durell the Sum of Ten pounds also to my
Brother in Law Thomas Jacobson the Sum of Ten pounds and then as to
all the rest residue and remainder of my Estate and Effects whether real or
personal I give devise and bequeath the same unto my said Executors and
Trustees Upon Trust as aforesaid to pay the profits Dividends Interest and
proceeds thereof for and towards the maintenance of my Sons David and
Robert Durell and such other child or children as shall or may be living or
with which my said Wife shall be pregnant at the time of my decease and
that upon my Childrens attaining the age of Twenty one years my said
Executors and Trustees shall divide transfer and make over the same unto and
amongst the whole of my children in equal shares and proportions And I
do hereby nominate constitute and appoint my said two Brothers John
Nicholson Durell and David Durell Executors and Trustees of this my
last Will and Testament hereby revoking all former and other Wills by
me at any time heretofore made and lastly my will is that my said Executors
and Trustees or either of them shall not be answerable or accountable for
the Acts Deeds and wilful Defaults of the other of them But each for his
own separate Act Deed and Wilful Defulat In Witness whereof I have set
to this my will cotnained in two Sheets of paper to the first Sheet thereof
my hand and to this second my hand and Seal the Fourth day of February
One thousand Eight hundred and Fifteen  R T Durell  Signed
Sealed Published and declared by the said Testator as and for his last Will
and Testament in the presence of us who at his request and in his
presence and in the presence of each other have subscribed our Names as
witnesses  Rd Willen 2 Great Prescot Street  G?? F?? of same place

I the within named Robert Tito Durell the younger do
make this present Codicil which I order and direct shall be taken as and for a
part of my within written last Will and Testament and which Will as to all
and every the uses Limitations Trusts Gifts Conditions Legacies Bequests 
Directions and appointments therein mentioned devised given and contained
of and concerning my Estates real or personal I do by this my Codicil establish
having by my said will given unto my Trustees therein named all the rest
and residue of my Estate and Effects Upon Trust to apply the Dividends Interest
and proceeds thereof unto and towards the Maintenance of my children as
therein mentioned I do now further authorized and empower my siad
Trustees in the event that the Interest and proceesd of the Residue of my
Estate should not produce sufficient to liberally Educate and maintain my
said children to sell out or dispose of any part or so much thereof as to my
said Trustees shall seem moot and proper In witness whereof to this present
writing which I hereby declare to be a Codicil to my last will and Testament
and which I direct to be added thereto and to be taken as part thereof I
have set my hand and Seal this seventh day of February in the year of
Our Lord One thousand Eight hundred and Fifteen  R T Durell
Signed Sealed Published and declared by the said Robert Tito Durell
as and for a Codicil to his last will and Testament and to be taken as
part thereof in the presence of us whose Names are hereunder subscribed
as witness thereunto  Ann Drake Finchett  Rd Willen

Codicil to my will made on board the Spanish Patriot at SEa
on the Morning of the Fifteenth day of October 1819 My dear Mary Ann
it is my wish that you have the Sum of Five hundred pounds out of the
property which I may die possessed of (in addition to such other Monies as
I have bequeathed to you in my last will & Testament) for the term of your
natural life the said Sum afterwards to rever to our children in the
								proportions



proportions therein specified  R T Durell  witness W P Woodhouse  James Bogg

Proved at London with two Codicils 8 January 1820 before the Worshipful
Samuel Rush Meyrick Doctor of Laws and Surrogate by the Oaths of John
Nickleson Durell (in the will written John Nicholson Durell) and David Durell the Exors
to whom administration was granted having been first sworn duly to administer

Last Modified: Monday, 15-Jul-2013 17:57:15 NDT