Source: TNA, PROB 11/1404
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This is the last Will and Testament of me Thomas Pike Durell of the Town and County of Poole a Captain in the Royal Navy which I make in manner following that is to say I order my just Debts Funeral Expences and the charges of the Probate hereof to be first paid and discharged by my Executor out of my Residuary Property herein after bequeathed I give and devise unto my Relation Young West of Poole aforesaid Surgeon All that my Messuage or Dwelling house wherein I now reside situate on the South Side of High Street in Poole aforesaid with the Outbuildings Garden Offices and other Appurtenances thereto belonging and also all that Messuage or Dwelling House situate at or near a Place called Barbers Piles in Poole aforesaid now in the Occupation of James Randall and Joseph Randall with the Outbuildings Garden and other Appurtenances thereto belonging and also my Estate and Interest in a Dwelling house Garden and Premises adjoining the said lastmentioned Dwelling house now in the Occupation of To hold the same to him the said Young West his Heirs Executors and Administrators and Assigns according to the nature of the Estates upon Trust nevertheless to pay to or permit and suffer my Daughter Susanna Durell to receive and take the Rents Issues thereof to and for her own sole and separate use independant and exclusive of any Husband with whom she may intermarry and to be no ways subjects or liable to the Debts Controul or Intermeddling of any such Husband for and during the natural life of my said Daughter and from and after her Decease upon Trust to sell and dispose of the said Messuages or Dwelling houses and other Premises aforesaid either together or in Lots and either by Public Sale or Private contract for the most Money that can be reasonably obtained for the same and the Receipt or Receipts of the said Young West his Heirs Executors Administrators or Assigns shall be a sufficient discharge or discharges to any Purchaser or Purchasers who shall not be answerable or accountable for the application or nonapplication of the Purchase Money to be expressed in such Receipt or Receipts and as to the Money arising from such Sale or Sales upon Trust for and I do hereby give and bequeath the same unto and equally amongst all and every the Child and Children of my said Daughter who shall be living at the time of her Death or who shall have then left Issue such Issue to take the Share which the Parent would have taken if living and in case such Issue shall be more than one Child then equally amongst them Share and Share alike but in case my said Daughter shall not have any Child or Children or Issue of any Child or Children living at her Decease then as to the Money arising from such Sale or Sales upon Trust for and I do hereby give and bequeath the same unto my Relations hereinafter mentioned and in the proportions following that is to say One third part thereof unto Elizabeth West Daughter of the said Young West to be payable at her age of Twenty one years One other third part thereof unto and equally amongst the Children of Martha Willis Widow viz Martha Willis Susanna Willis and Eliza Willis to be payable when the youngest of them attains the Age of Twenty one years and the remaining one third part thereof unto Harriett Green Daughter of the late Young Green deceased to be payable when she attains her Age of Twenty one years and each of the said Legatees to be entitled to Interest on their respective Legacies from the Death of my said Daughter without Issue as aforesaid until the same shall become payable I give and bequeath unto the said Young West the Sum of One hundred and Fifty Pounds and the Picture of myself and also the picture of Christ now in the large Parlour I give and bequeath unto my Niece Elizabeth Pike Barnes Wife of Barnes of Longfleet near Poole and Daughter of Thomas Casley deceased the Sum of Ten Guineas and a Silver Tankard marked TkA 1735 And I give devise and bequeath unto my said Daughter Susanna all my Monies in the Public Funds whether placed in my proper Name or in the Name of "Thomas Durell" only and also the Monies due to me on Securities by Bond Note or otherwise particularly a Sum of Four hundred Pounds due to me as principal Money from my nephew Thomas Green and the Interest which may be due thereon at my Decease and all my Household Goods and Furniture Plate Linen China Pictures and Books (except the said Pictures and Tankard) and all other my Estate and Effects whatsoever and wheresoever To hold the same and every part thereof unto her my said Daughter her Heirs Executors administrators and assigns absolutely for ever Provided always and it is my Will and I do hereby direct that the said Young West shall not be called upon or be liable to pay such Sum or Sums of Money as he may happen to owe me at my Decease until Two years after such my Decease and not then unless the Person entitled thereto shall give a years previous Notice of the payment thereof being required and that he shall afterwards have the like notice in case none shall be given within the two years and I also direct that the said Young West his Heirs Executors admors and assigns shall be entitled to reimburse himself and themselves out of the said Trust Premises all such Costs Charges and Expences which he or they shall incur or sustain for by reason or in execution of the Trust hereby reposed in him and them and revoking all former Wills by me made I declare this only to be my last Will and Testament and do appoint the said Young West sole Executor hereof In Witness whereof I have to this my Will contained in Two Sheets of Paper set my Hand and Seal that is to say to the first sheet I have subscribed my Name and to this last sheet I have subscribed my Name and affixed my Seal this Thirtieth Day of June in the year of our Lord One thousand Eight hundred and three Thos Pike Durell LS Signed Sealed Published and Declared by the said Thomas Pike Durell as and for his last Will and Testmant in the presence of us who at his request in his presence and in the presence of each other have subscribed our Names as witnesses attesting the due execution thereof the words "the Sum of One hundred and Fifty Pounds and" "his Heirs Executors Administrators and assigns" and themselves and "or they" all in this sheet having been first interlined Wm James Wm Gregory Thos Parr This Will was proved at London on the sixteenth Day of February in the year of our Lord One thousand Eight hundred and four before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Young West the Nephew of the Deceased and the 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 having been first sworn by Commission duly to Administer
Last Modified: Sunday, 17-Jan-2021 17:25:26 NST