27 January 1800 Will of Tito Durell of Poole, ship builder (proved 2 August 1804)

Source: TNA, PROB 11/1412

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This is the last Will
and Testament of me Tito Durell of the Town and
County of Poole Ship builder which I make in
manner following (that is to say) I order my
just Debts Funeral Expences and the Charges of the
probate of this my will to be first paid and discharged
I Give and bequeath unto my Dear Wife Susannah
the use of all my Household Goods and Furniture
Plate Linen and China and the Interest and Income
arising and to arise from all my Monies and
Securities for Money and also the use of all other
my personal Estate and Effects for and during her
natural life I also Give and devise unto her my said
Wife all and singular my Lands and Tenements
and Heredits whether Freehold or Leasehold or of
what other Tenure or kind soever and whether in
possession or reversion which I shall die seized
possessed of or entitled unto (in which devise I
mean to include what I am interested in or
entitled unto under the will of my late uncle
Aaron Durell deceased) To hold to her my said
Wife and her assigns for and during her natural
life and from and after the decease of my said
Wife I Give and devise all and Singular my said
Lands Tenements and Heredits (save and except
such Interest as I may have in Two Messuages or
Dwelling houses with their appurts in or near
Strand Street in Poole aforesaid devised by the
will of my said wifes late Father Benjamin
Frith deceased and described by him in his said
will to have been purchased of Elizabeth Wills
and Joseph Fryer and now in the occupation of
William Mendell and of the widow Cartridge as
his undertenant in manner following (that is to
say) as to one Moiety or half part thereof unto
my Daughter Susannah Hodges and her Husband
Robert Hodges To hold unto them and their assigns
for and during their joint natural lives and to
the Survivor of them and her or his assigns for
and during his or her natural life and from and
after the decease of the Survivor of them I Give and
devise the same Moiety or half part unto all and
every the children and child of her my said
Daughter Susannah Hodges begotten or to be
begotten equally amongst them as Tenants in
common if more than one and to their several
and respective Heirs Executors admors and assigns
for ever and if but one to such only Child his
or her Heirs Executors admors and assigns absolutely
for ever and if my said Daughter Susannah shall



happen to die leaving no Children or Child or Issue
of any such Children or Child then I do Give
and devise the same Moeity or half part unto and
for such Person and persons and for such Estate
and Estates Interest and Interests and to and for
such Ends Intents and purposes and subject to
such Charges annuities Sums of Money powers
provisoes conditions and Limitations as she my
said Daughter Susannah whether Covert or Sole
shall at any time during her life by any Deed
Instrument Deeds or Instruments in writing with
or without power or Revocation to be sealed
and delivered by her in the presence of and to
be attested by two or more credible witnesses or
by her last will and Testament or any Codicil
Codicils thereto in writing or any writing
pruporting to be her last will and Testament or
Codicil to be Signed and published by her in
the presence of and to be attested by three or
more credible witnesses shall notwithstanding her
coverture and as if she was sole and unmarried
limit direct or appoint give or dispose of the same
or any part thereof and in default of such
Direction Limitation or appointment Gift Disposition
and Subject thereto where the same shall happen
not to be a compleat Disposition of the whole
of the said Moiety I do give and devise the
same unto and to the use and behoof of the
said Robert Hodges the Husband of my said
Daughter Susannah his Heirs and Assigns for
ever and as to the other undivided Moiety or
half part of my said Lands Tenements and
Heredits (except as aforesaid I Give and Devise
the same unto my Daughter Elizabeth Major
and her husband William Major To hold to them
and their assigns for and during their joint
natural lives and to the Survivor of them and
her or his Assigns for and during her or his
natural life and from and after the decease of
the Survivor of them I Give and devise the same
last mentioned Moiety or half part unto all
and every the Children and Child of her my said
Daughter Elizabeth Major begotten or to be
begotten equally amongst them as Tenants in
common if more than one and to their several
and respective Heirs Executors Admors and Assigns
absolutely for ever and if but One to such only
Child his or her Heirs Executors admors and
Assigns absolutely for ever and if my said
Daughter Elizabeth shall happen to die leaving



leaving no Children or Child or Issue of any such
Children or Child then I do give and devise the
same Moiety or half part unto and for such
person and persons and for such Estate and Estates
Interest and Interests and to and for such Ends
Intents and purposes and subject to such Charges
Annuities Sums of Money powers provisos
Conditions and Limitations as she my said Daughter
Elizabeth whether covert or sole shall at any time
during her life by any Deed or Instrument Deeds or
instruments in writing with or without power of
Revocation to be sealed and delivered by her in
the presence of and to be attested by two or more
credible witnesses or by her last will and
Testament or any codicil or Codicils thereto in
writing or any writing purporting to be her last
will and Testament or Codicil to be signed and
published by her in the presence of and to be
attested by three or more credible witnesses shall
notwithstanding her coverture and as if she were
sole and unmarried limited direct or appoint give or
dispose of the same or any part thereof and in
default of such Limitation direction or appointment
Gift or Disposition and Subject thereto where the same
shall happen not to be a complete Disposition of
the whole of the said last mentioned Moiety I do
give and devise the same unto and to the use and
behoof of the said William Major the Husband of
my said Daughter Elizabeth his Heirs and assigns
for ever And whereas my Grandson Robert Tito
Durell upon the death of my said wife will become
intitled under the will of his Grandfather the said
Benjamin Frith to one Moiety of the Freehold
House and premises before mentioned to be in the
occupation of William Mendell and purchased of
and from Elizabeth Wills and whereas I am possessed
in right of my said wife to the whole of the said
Leasehold House and premises purchased of the
said Joseph Fryer and now in the occupation of
widow Cartridge and formerly called the Fountain
ale house adjoining the said House occupied by the
said William Mendell Now it is my express will
and desire that both my said Moiety of the said
Freehold House and premises and the whole of the
said Leasehold House and premises with the appurts
should come to my Grandson Robert Tito Durell
and I do accordingly as far as my Right and
Interest therein respectively extend Give and devise
the same unto my said Grandson Robert Tito Durell



his Heirs Executors admors and assigns absolutely
for ever but it is my will and desire that my
Friend James Bayly of Poole aforesaid Draper and
my said Sons in Law Robert Hodges and William
Major shall be Guardians of my said Grandson
Robert Tito Durell during his Minority and I do
hereby authorize them to receive and take the Rents
Issues and Profits of the said Moiety and of the
said House and premises so given to my said
Grandson and that they shall have the Management
and Letting thereof until he shall attain his age of
twenty one years and that such Rents and Profits
shall be applied entirely at their own discretion
for and towards his Maintenance Education
and bringing up and putting out in the word and
that they shall have Liberty to suffer such Rents to
accumulate for his benefit if they shall think proper
and in case of my said Grandsons death under the
age of twenty one years without Issue I do give and
devise the same last mentioned Moiety House and
premises with such accumulation of Rents unto his
Brother my Grandson Tito Durell his Heirs Executors
Admors and Assigns with a like power to the said
James Bayly Robert Hodges and William Major as
to the Receipt and Management of the Rents until he
shall attain his age of twenty one years and I
appoint them Guardians of my said Grandson
Tito Durell during his Minority I Give and
bequeath unto the said James Bayly Robert Hodges
and William Major their Executors and Admors the
Sum of Four hundred and Fifty pounds upon trust
to place the same out at Interest and to pay
and apply the same and the Interest thereof as
hereinafter mentioned (that is to say) as to the
Interest or Income of one hundred and fifty pounds
part thereof In Trust to pay apply and appropriate
the same entirely at their own discretion for and
towards the Maintenance Education bringing up or
putting out of my said Grandson Robert Tito Durell
until he shall attain his age of twenty one years or
to suffer it to accumulate if they shall think proper
and as to the Interest or Income arising from three
hundred pounds the other part thereof In Trust to
pay apply and appriate the same entirely of their
own discretion for and towards the Maintenance
Education bringing up or putting out of my said
Grandson Tito Durell until he shall attain his age of
twenty one years or to suffer it to accumulate if they
shall think proper and when and as soon as my said
Grandson Robert Tito Durell shall attain his age of
twenty one years In Trust to pay the said principal



Sum of One hundred and fifty pounds and any
accumulation of Interest to him and for his own
use or in case of his dying under that age and
leaving any Child or Children lawfully begotten In
Trust to pay the same to such Child or children
equally amongst them and in case of his dying
under the age of twenty one years and leaving
no such Child or children then the said principal
Sum of One hundred and fifty pounds shall lapse and
fall into the Residue of my personal Estate
hereinafter bequeathed and as to the said principal
Sum of Three hundred pounds and any accumulation
of Interest In Trust to pay the same to my said
Grandson Tito Durell to and for his own use when
and as soon as he shall attain the age of twenty
one years but in case of this dying under the age
of twenty one years leaving any Child or
Children ^ if more than one equally amongst                     ^ lawfully begotten In
them and in case of his dying under the age of                    Trust to pay the same
twenty one years leaving no such Child or                         to such Child or
Children In Trust to pay One hundred pounds                       Children
part of the said three hundred pounds to my said
Grandson Robert Tito Durell if he shall be then
living and if not to his Child or Children if
more than one equally amongst them and in
case he shall not then be living and shall not
have left any Child or Children then the said One
hundred pounds shall lapse and fall into the
Residue of my Estate hereinafter bequeathed and
the Sum of Two hundred pounds the remaining
part of the said three hundred pounds shall also
lapse and fall into the Residue of my Estate
herein after bequeathed from and immediately
after the death of my said Grandson Tito Durell
under the age of twenty one one years and
without leaving any such Child or Children as
aforesaid and as to all the Rest Residue and
Remainder of my Estate and Effects which I shall
die possessed of or entitled unto and not herein
before otherwise disposed of I Give and bequeath
the same in manner following (that is to say)
as to the Interest or Income which shall from
time to time arise from one Moiety or half part
of such Residue unto my Duaghter Susannah
Hodges and her Husband Robert Hodges for and
during their joint natural lives and to the Survivor
of them for and during her or his natural life
and from and after the decease of such Survivor
I give and bequeath the said Moiety or half
part of such Residue unto all and every the



the Child and Children of my said Daughter
Susannah begotten or to be begotten if more
than one equally amongst them share and
share alike and in case of the death of any of
such children during the life time of either of
them my said Daughter Susannah and the said
Robert Hodges leaving Issue It is my will that
such Issue shall take the Share or Shares which
such child or children would have taken if living
of and in such Residue and in case there shall be
no such child or children of my said Daughter
Susannah or any Issue of such Child or Children
living at her death I Give and bequeath such Moiety
of half part of and in such Residue from and after
the death of the said Robert Hodges unto such
person or persons as my said Daughter Susannah
shall by any Deed or Will to be legally executed
as aforesaid direct or appoint give or dispose of the
same notwithstanding her present or any future
coverture and for want thereof unto the Executors
or admors of the said Robert Hodges and as to the
Interest or Income which shall from time to time
arise from the other Moiety or half part of such
Residue I Give and bequeath the same unto my
Daughter Elizabeth Major and her Husband
William Major for and during their joint natural
lives and to the Survivor of them for and during
her or his natural life and from and after the
decease of such Survivor I Give and bequeath the
said last mentioned Moiety or half part of
such Residue unto all and every the child and
children of my said Daughter Elizabeth begotten or
to be begotten if more than one equally amongst
them share and share alike and in case of the
death of any of them during the life time of
either of them my said Daughter Elizabeth Major
and the said William Major leaving Issue It is
my Will that such Issue shall take the Share or
Shares which such Child or Children would have
taken if living of and in such residue and in
case there shall be no Child or Children of my
said Daughter Elizabeth or any Issue of such
Child or Children living at her death I Give and
bequeath such Moiety or half part of and in such
Residue from and after the death of the said William
Major unto such person or persons as my said
Daughter Elizabeth shall by any Deed or Will to be
legally executed as aforesaid direct or appoint give or
dispose of the same notwithstanding her present
or any future coverture and for want hereof I give



and bequeath the same unto the Executors or admors
of the said William Major and I do hereby
nomiante and appoint my said wife the said James
Bayly Robert Hodges and William Major Executrix
and Executors of this my last will and Testament
and I do hereby authorize and empower them and
each of them to reimburse and repay themselves
out of my Estate all such Costs Damages and Losses
which shall fall or happen to them either or any
of them or which they either or any of them shall
or may sustain or be put unto on account thereof
or of the Trust hereby in them reposed and I do
hereby declare that my Executrix and Executors or
any of them shall not be answerable or accountable
for any Losses or Damages without his her or their
wilful default and that none of them shall be
responsible for the Neglect Defaults acts or Deeds of
the others or other of them but each of them for
her or his own Neglect Default Act and Deed
only notwithstanding their joining in any receipt
for Conformity sake and I do hereby revoke all
and every former and other wills by me at any
time heretofore made and hereby declare this alone
to be my last will and Testament In witness
whereof I the said Tito Durell the Testator have to
this my will consisting of Five Sheets of paper set
my hand and seal that is to say to the f????
preceding Sheets I have subscribed my name
and to this last Sheet I have subscribed my
name and affixed my Seal the twenty seventh day
of January in the year of our Lord one thousand
Eight hundred   Tito Durell  Signed Sealed
published and declared by the said Tito Durell the
Testator as and for and to be his last will and
Testament 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 said Testator
being at the same time of sound Mind Memory
and understanding the words Estate in the first
side and in the second Sheet and and in the fourth
sheet being first written on Erazures the words and
and to be in the first sheet any or Codicils and
therein in the second sheet my Grandson in the
third sheet and e???? of them in the fourth sheet
being first interlined an erazure in the last line
of the second sheet and their Executors and
administrators in the third sheet being first
obliterated  Thos Parr  Josh Ash  John Henning
Junr



This is a Codicil to be
added to and taken as part of the last will and
Testament of me Tito Durell late of the Town
and County of Poole Shipbuilder but now of
Longfleet in the County of Dorset bearing date the
twenty seventh day of January one thousand Eight
hundred whereas by my said will I have given
unto my Friend James Bayly and my Sons in Law
Robert Hodges and William Major the Sum of Four
hundred and fifty pounds Upon Trust to pay the
same and the Interest thereof in manner therein
mentioned Now I do hereby Give and bequeath
unto them the said James Bayly Robert Hodges
and William Major the sum of three hundred
pounds in lieu and stead of the Sum of
Four hundred and fifty pounds upon the like
Trusts and for the like persons ends intents and
purposes as in my said will is mentioned with
respect to the said Sum of Four hundred and fifty
pounds both as to the principal and Interest ?are as
hereinafter mentioned (that is to say) that the
share of my Grandson    Tito Durell ^ shall             ^ mentioned in my said will
be only two hundred pounds instead of three
hundred pounds and that the share of my Grandson
Robert Tito Durell shall be only one hundred
pounds instead of one hundred and fifty pounds
and that the Interest of the said Sums of two
hundred pounds and one hundred pounds shall be
applied for their Maintenance respectively or
suffered to accumulate at the discretion of my said
Trustees as in my said Will is mentioned with
respect to the Interest of the said theree hundred
pounds and One hundred and fifty pounds and
also that in case of the death of my said Grand
Son Tito Durell under the age of twenty one
years and without Issue then living the whole
of the said Sum of Two hundred pounds shall lapse
and fall into my Residurary Estate bequeathed by
my said Will and no part thereof shall go to my
said Grandson Robert Tito Durell also mentioned
in my said will or to his Child or Children or
their Issue and whereas my said Grandson Tito
Durell will after the death of my said Wife in
case of the death of my said Grandson Robert Tito
Durell under the age of twenty one years and
without leaving any Child or Children or Issue of
any Child or Children be entitled under a Devise
contained in my said Will which I do hereby
confirm and otherwise to a Moiety of a Freehold
House and premises purchased by Benjamin Frith



from Elizabeth Wills and to the Leasehold premises
purchases by Joseph Fryer and now occupied by the
widow Cartridge Now I do hereby in case my said
Grandson Tito Durell shall become seized of and
entitled to those premises direct that the share of
him my said Grandson Tito Durell of and in the
said Sum of Three hundred pounds shall be one
hundred pounds and no more and that the residue
of the said Sum of Three hundred pounds shall in
that Case lapse and fall back into my Residuary
Estate herein after bequeathed and I Give and devise
the House and premises in which I now live being
Leasehold held under the Devises of Sir John Webb
unto the like persons and for the like uses and
purposes as I have devised my Lands generally in
and by my said will the said Leasehold House and
premises having been purchased by me since the
making of my said will and I do confirm my said Will
in all other respects In witness whereof I have hereunto
set my hand and seal this Sixteenth day of July in the
year of our Lord One thousand eight hundred and
three  Tito Durell  Signed Sealed published and
declared by the said Tito Durell the Testator as and for
a Codicil to his last will and Testament 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 said Testator being at the same time of sound
Mind Memory and understanding  George W Johnston
Chrisr Spurrier Junr  Thos Parr

This Will was proved at London with a
Codicil the second day of August 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 Oaths of
Susannah Durell widow the Relict of the deceased james
Bayly Robert Hodges and William Major the Executors
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: Friday, 02-Aug-2013 12:43:18 NDT