22 May 1810 Will of David Durell Bird of Poole, mercer, draper and grocer (proved 19 November 1810)

The original document can be obtained online from The National Archives.

Source: TNA, PROB 11/1516

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This is the last Will
and Testament of me David Durell Bird of the Town and
County of Poole Mercer Draper and Grocer which I make as
follows that is to say I give & bequeath to my mother in
law Ann Bird of Poole aforesaid Widow to her own use
absolutely all & singular my household Goods & furniture
plate linen wearing apparel China Glass printed books
and liquor with the Casks & bottles containing the same
also all other the articles & things which may be or
about my dwelling house at Poole & my cottage at Lytchett
at my decease except my Stock in Trade & shop Fixtures
monies and securities for money Title Deeds & manuscript
books & writings & whereas my said Mother in law
advanced one half of the money for the renewal of the
lease of my Cottage situate in Lilly lane in Lytchett
Minster in the County of Dorset now I do by this my will
give and bequeath unto my said Mother in law Ann Bird
all that my said leasehold Cottage with the appurts so
situate in Lilly Lane in Lytchett Minster aforesaid to
hold the same unto her my said Mother in law her
Exors admors and assigns for & during all my Estate and 
Interest which shall be to come & unexpired therein at
my decease I give and devise unto Mary Durell of Poole
aforesaid Spinster daur of Robert Tito Durell of the same
place Gentleman all my part share & interest and other
my Estate right and Title of in and to all those two
messuages or dwelling houses with the appurts situate
in Market Street in Poole aforesaid & also of the Garden
Coach house     & stable thereunto belonging
which said messuages or dwelling housess & Garden are
now in the occupations of Esther Brown Spinster and
John Street Master Mariner and the Coach house & stable
in my own occupation and also of in & to such part of the



messuage or dwelling house and Garden which I occupy
my self and appertains to the said messuage or dwelling house in
the occupation of Miss Brown and not comprised in an
Indenture of mortgage made of the dwelling house and
premises in my occupation by my late Father John Bird
to my said mother in law or to contain Trustees for her for
the Principal Sum of Six hundred pounds & interest upon or
immediately before her marriage with my said late Father
to hold the same unto her the said Marry Durell her heirs
Exors admors and assigns absolutely for ever or according to my
Estate and Interest therein I give devise and bequeath unto
Thomas Crew of Poole aforesaid Merchant & Thomas Parr
of the same place Gentleman all such part of the dwelling
house wherein I now live & of the Garden & appurts thereunto
belonging as are comprised in and secured by the said
Indenture of mortgage & also all that my undivided fourth
part & all other my right share & Interest of in & to all and
singular the messuages lands & heredits & Premises devised
to my late Father John Bird & to my relations Tito Durell
Robert Tito Durell & The revd George Tito Brice by the Will
of Aaron Durell late of Poole aforesaid Gentleman deced &
also all & singular other the messuages lands Tenements &
heredits whatsoever which I shall die seized of interested in
or intitled unto wheresoever situate of & in what tenure or
kind soever To hold the same & every part thereof with
their & every of their appurts unto the said Thomas
Crew & Thomas Parr & their Exors admors & assigns for
ever or according to my Estate & interest therein respectively
upon the trusts nevertheless & to & for the uses ends intents
& purposes hereinafter mentioned expressed & declared of &
concerning the same that is to say in trust as to the said
heredits & premises comprised in & secured to my said
Mother in law or her Trustees by the said mortgage to permit
and suffer her my said mother in law to have receive &
take the rents & profits thereof & of every part thereof for
& during the term of her natural life in order to keep
down and discharge the Interest due or to become due on the
said mortgage & if such rents & profits should be more than
  sufficient for that purpose then in trust to pay to
or permit my said mother in law to receive the
surplus arising from such rents & profits to & for her own
use absolutely for and during the term of her natural
life & from and after the decease of my said mother in
law or during her life if she should request the same
In trust to sell and dispose of the same heredits and
premises so comprised in the said Indenture of mortgage
either by public Auction or private Contract as to my said
Trustees shall seem best & from & out of the money arising
from such Sale as aforesaid in trust to pay off & discharge
unto my said mother in law the said principal Sum of
six hundred pounds & all arrears of Interest that shall be
then due thereon and the Expences attending such sale & if
there shall be any surplus after paying off such principal
Interest and Expences as aforesaid and it is my will that



the same shall sink into & form a part of my residuary
Estate and Effects hereinafter bequeathed and as to all
my said fourth part or    other share and interest
of in & to the messuages lands heredits & premises so
devised by the Will of the said Aaron Durell deceased
as aforesaid & all other my messuages lands heredits &
premises & shares & interests of in & to any messuages 
lands heredits & premises of which I may die seized
possessed intitled unto or interested in In trust to sell & dispose
of the same in such manner parts & shares & at such
times as my said Trustees shall judge most proper & as to
the money arising from the sale or sales of my share
& interest in the messuages lands heredits & premises 
devised by the Will of the said Aaron Durell after the
payment of all Expences attending the same upon trust to
pay & divide the same unto & equally amongst Robert Tito
Durell Tito Durell Elizabeth Hodges & Mary Ann Major
Grand Children of the said Tito Durell late of Longfleet
Gentleman d??? share & share alike & as to the purchase 
money arising from the sale of my other Lands tenements
& heredits or shares or interests therein it is my will &
I do hereby direct that the same shall sink into & form a
part of my residuary Estate hereinafter bequeathed & it is
my will & I do hereby declare that upon the sale or sales
which shall be made under any of the trusts aforesaid
the receipt or receipts of my said Trustees shall be a good
& sufficient discharge or good and sufficent discharges for the
purchase money to be expressed in such receipt or receipts
& that the purchaser or purchasers shall not be obliged to
see to the application of the purchase money or be answerable
or accountable for the misapplication or nonapplication thereof
I give and bequeath unto Anna Mary Clarke & Henry Clarke
son & daur of James Clarke of Poole aforesaid Gentleman the
Sum of fifty pounds each which I direct shall be paid to
them respectively by my said Trustees when & as they shall
attain their respective ages of Twenty one years which legacies
shall be placed out at Interest in the Public Stocks or funds
of the United Kingdom as soon as my Exors hereinafter
named can conveniently raise the same & the Interest
or dividends which shall arise from the said last mentioned
legacies shall be suffered to accumulate until they shall
respectively attain their ages of twenty one years & then to
be paid to them with their respective  legacies & such 
accumulated Interest to be from time to time placed out
at Interest when the Sum shall be of magnitude suffict
for that purpose which I leave to the discretion of my Exors
& to be added to & form a part of their said said respective
legacies I give and bequeath unto my Servant Ann Brown
Ten Guineas I give unto Thomas Crew & Thomas Parr
my Exors hereinafter mentioned the Sum of Twenty pounds 
each for their Trouble in executing my will & I direct my
Exors hereinafter named to sell & dispose of my stock in
Trade & shop Fixtures & my money in the public funds &
also to collect & get in the outstanding debts which may be
due to me as soon as conveniently may be after my decease
& thereout to pay and discharge my debts funeral Expences
& the Charges of the probate hereof & also the Pecuniary



legacies bequeathed by this my will and as to my debts
funerall Expences & the Charges of the probate hereof it is
my will that if my personal Estate shall be insufficient to
discharge the same then the same shall be borne & defrayed
out of the monies arising from the sale of all my lands
& heredits and shares & Interests in lands & heredits herein
directed by me to be sold & as to all the rest residue & remr
of my Estate & Effects whatsoever & wheresoever not hereinbefore
otherwise disposed of ?????d??? what I have hereinbefore
directed to be added thereto from the sale or sales herein
before directed I give devise & bequeath the same & every part
thereof unto Tito Hodges son of Robert Hodges of Poole aforesd
Currier & to John  Nicholas Durell David Durell & Robt
Durell the younger Children of the said Robert Tito Durell to
hold the same unto them the said Tito Hodges John Nicholas
Durell David Durell and Robert Durell the younger equally to
be divided amongst them share & share alike & to their
several and respective heirs Exors Admors & assigns absolutely
& fore ever & revoking all former wills by me made I declare
this only to be my last will and Testament & do appoint
the said Thomas Crew & Thomas Parr Exors hereof provided
always and I do hereby further direct that it shall be lawful
for the said Thomas Crew & Thomas Parr & the Survivor of
them his Exors or Admors or any now Trustee or Trustees to
be appointed by virtue of the provision next hereinafter
contained to lay out or invest all such trust monies as shall
come to their hands by vertue of this my will or in or upon
any of the Stocks or funds of the United Kingdom or in any
Government public or real security in the United Kingdom
& to vary and transfer the same stocks funds & Securities & also
all such stocks funds & securities as shall be standing in
my name at   my decease as occasion shall require
or as shall be thought fit provided also that in Case the said
Thomsa Crew & Thomas Parr or either of them or any
Trustee or Trustees to be appointed under this present provision
in their place or the place of either of them shall die or become
unwilling or unable to act in the said Trusts before the said
Trusts shall be fully executed and performed then & as often
as the same shall happen it shall be lawful for the said
  Thomas Crew Thomas Parr their or his Exors or Admors or for the
Acting Trustees or the surviving Trustee for the time being
under this my will to nominate any fit person or persons
to supply the place or places of the Trustee or Trustees 
respectively  dying or becoming unable or unwilling to act
as aforesaid & that immediately after  such appointment
the said Trust Estates monies & Effects stocks funds & securities
shall be conveyed assigned & transferred  & in such
manner that the same may vest in such new Trustee
or Trustees jointly with the Surviving Trustee or in such
new Trustees solely as the Case may require subject to the
Trusts aforesaid & such new Trustee or Trustees shall
exercise all the powers and authorities whatsoever herein
before contained in the same manner to all intents &
purposes as if he or they had been originally appointed
by this my will & also that the said Trustees & Exors hereby
appointed & also the Trustees to be appointed by vertue of the
provision lastly hereinbefore contained severally & respectively
and their several and respective heirs Exors and admors shall



be charged & chargeable with such sums only as they
shall respectively actually receive by virtue of the trusts
hereby reposed in them or in the execution of this my
will notwithstanding their joining in signing any
receipt or recipts or doing any other act for the sake of
conformity and that they or either of them shall not
be answerable or accountable for any misfortune loss or
damage which may happen in the execution of the 
aforesaid trusts or this my will or in relation thereto
except the same shal happen by or through his or their
own wilful act neglect or default & in that case each person
alone shall be answerable for any loss or damage as shall
arise from his own act neglect or default & it shall and
may be lawful for them & each of them and their respective
heirs Exors or Admors or any new Trustee or Trustees to be
appointed by virtue of the provision for that purpose
hereinbefore contained from time to time by & out of my
Estate to allow & pay unto each other all such Costs Charges
& Expences as they or either of them shall pay expend or be put unto in or
about the execution of this my will and I hereby
devise to the said Thomas Crew & Thomas Parr & their
heirs all Lands & Heredits which at my decease I
shall hold as mortgagee in fee or as Trustee to hold unto
the said Thomas Crew & Thomas Parr their heirs & assigns
subject to such Equity of redemption & to such trusts as shall
be then subsisting therein respectively In witness whereof I
the said David Durell Bird the Testor have to this my last will
and Testament contained in four sheets of paper set my
hand & seal that is to say to the first three sheets I have
subscribed my name & to this fourth & last sheet I have subscibed
my name & affixed my Seal this twenty second day of May
in the year of our Lord 1810  Dd D Bird  Signed sealed
published and declared by the said David Durell Bird the
Testor as and for his last will & Testament in the presence
of us who at his request in his presence & in the presence of
each other have hereunto subscribed our names as witnesses
attesting the due execution thereof the words & Garden in
the 27 line of the first sheet "and" in the 15th line of the 2nd
sheet ?????ble or in the 3rd line & "the" in the 7th line of the 4th
& last sheet being first interlined & part of the word unto in the
last line of the first sheet Tito in the 36th line of the second sheet
deficiency in the 23rd line & "either" in the 47th line of the third
side being first written on erasures & an Erasure in the 13th
line of the 4 & last sheet being also first made before the exon
hereof  John Dunning  Thomas Tarrant  Jane Crew

This is a codicil to be added to & taken as part of the last
will and Testament of me David Durell Bird of the town &
County of Poole Mercer Draper & Grocer which bears date the
twenty second day of May last & is hereunto annexed whereas
by my said will I gave & bequeathed unto my mother in
law Ann Bird of Poole aforesaid widow for her own
use absolutely all & singular my household goods & furniture
plate linen China wearing apparel Glass printed books and
liquors with the Casks & bottles containing the same & also all
other the articles and things which might be in or about



my dwelling house at Poole or my Cottage at Lytchett at
my decease except my Stock in Trade shop fixtures monies &
securities for money title deeds & manuscripts books & writigns
& whereas my said mother in law in since dead now I do hereby
direct that my Exors named in my said Will shall as soon
as conviently may be after my decease sell & dispose of the
same & every part & parcel thereof either by public auction or
private Contract as to them shall seem best & apply the
money arising from such sale or sales towards paying &
discharging the Debts ^ there shall be any surplus arising			^ owing by me at my
from such sale or sales I direct that the same shall sink into		       	  decease and if after
& form a part of my residuary personal Estate & Effects & whereas		  the payment of 
by my said Will I gave to my said Mother in law all my				  such debts
Estate and Interest in a leasehold Cottage with the appurts
situate in Lilly Lane in Litchett Minster now I give & bequeath
the same unto my residuary legatees named in my said will
equally amongst them as Tenants in Common & to their respective Exors admors
& assigns & I give & bequeath unto & equally between the residy
legatees named in my said will the Sum of one hundred
& fifty pounds given to me by my said Mother in law by her
will and I do hereby ratify & confirm my said will in all respects
as far as the same is not altered by this my codicil In witness
whereof I have hereunto subscribed my name & affixed my
Seal this fourteenth day of June in the year of our Lord 1810
Dd D Bird  This writing was Signed & sealed by the above named David Durell
Bird & by him published & declared as & for a codl to his last will
& Testament in the presence of us who have hereto subscribed our
names as witnesses in his presence & in the presence of each
other The words "beginning with the words" and whereas "& ending
with the words & assigns between the 19th & twentieth lines
being first interlined  Jas Cherrett  Joseph Dowall  John A Willest

Proved at London with a Codl 19th Novr 1810 before the
Judge by the oaths of Thomas Crew & Thomas Parr the Exors
being sworn by Comon to Admr



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Last Modified: Sunday, 04-Aug-2013 21:47:31 NDT