26 June 1722 Will of Aaron Durell of Poole (proved 20 February 1723)

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

Source: TNA, PROB 11/595

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In the Name of God Amen
I Aaron Durell of the Town and County of Pool Merchant
being Sick in body but of sound and perfect mind memory and
understanding and calling to my remembrance the uncertainty of this
frail life do make this my last will and Testament in manner and form
following that is to say first and cheifly I recommend my Soul into the
hands of Almighty God hoping through the Merits Death and passion of
my Saviour Jesus Christ to inherit Eternal Salvation and my body I comit
to the Earth to be decently interred at the discretion of my Executors in
Trust hereinafter named and my Worldly Estate wherewith it hath pleased
Almighty God to bless me withall I dispose of as followeth Imprimis I give
devise and bequeath unto my eldest son John Durell All that my Messuage
or Tenement or dwelling house with the Garden Outhouses Cellars Courts
yards and appurtenances thereunto belonging To hold to him and the heirs 
of his body lawfully to be begotten and in default of such Issue I give the
same to my two sons David and Aaron and to their heirs for ever
And whereas part of the Garden and ye new Cellars are held by Lease from
the Corporation I do therefore give unto my said son John the remainder of
the term I have to come therein to hold to him and to be enjoyed in like
manner after his decease by the heirs of his body and in default of such
Issue by his two brothers and their heirs as the Freehold Estate is
before settled Item I give and bequeath unto my son David the sume of 
two hundred pounds to be paid him by my Executors in Trust hereinafter
named out of my personal Estate when he shall attaine his Age of one
and twenty years And if he should happen to dye before his attaining
that Age my Will is that the said Two hundred pounds shall be divided
between his two brothers Item I give and bequeath unto my son Aaron
Durell the like sume of two hundred pounds to be paid him by my
Executors in Trust hereinafter named out of my personal Estate when he
shall attaine his Age of one and twenty years And if he should happen
to dye before his attaining that age then my Will also is that the said
sume be divided between his two brothers Item I give unto my Servant
Mary Gould the sume of five pounds to be paid soon after my decease
Item my Will further is and I hereby give devise and bequeath all
that my fourth part of all that Messuage or Tenement in which my Sister
Bayly now lives unto my said three sons and their heirs for ever Item
I do give and devise unto my loving brothers and worthy friends John
Durell and David Durell William Magick and William Cleeves and
Elizabeth Bayly my Sister their Executors and Administrators All that my
Leasehold Estate or Terme of years which I have of and in all That
Smal Tenement and Lands lying at Burlebury within the parish of Litchet
in the County of Dorset And also all other my personal Estate ready money
money at Interest Share and Shares in Shipping Goods Merchandizes 
plate household Stuff Linnen Goods and Chattels whatsoever and
wheresoever Nevertheless my Trust and Confidence in them reposed is
and my aforesaid Gift and devise is upon this special Trust that they
do and shall as soon as conveniently can be sell and dispose of my Share
and shares in Shipping Wares and Merchandizes and the money arising
thereby and what other sums I shall have by me at the time of my
decease do and shall put and place out at Interest on the best 
security they can get for the same and out of the Interest ariseing thereby



and produce untill such sale be made as also out of the Interest and
produce of such other sumes of money as I shall or may have at Interest
or in Stocks in the Goverment or otherwise (which my said Trustees may
dispose of when they shall Judge most proper) do and shall breed up
place out and Educate my said Children untill they shall attaine their
respective Ages of one and twenty years And my Will further is that my
said Trustees do and shall as soon as Conveniently may be make a just
and true Inventory of the whole of my said personal Estate and the clear
produce of the same after payment of my Debts and Legacies above given
together with the clear produce of the profits of the same after the Education
of my said Children and necessary Costs and Charges shall be equally
divided into three parts and be paid to them my said Children in manner following
That is to say so much thereof over and above the Legacies aforesaid as
my said Trustees shall think fit when they and each of them respectively
attaine their Age of one and twenty years and their remaining full part
and share of the said whole personal Estate when they attain their
respective Ages of four and twenty years or sooner if my Trustees or
the Survivours of them shall think fit And my Will further is that if
any Question doubt or Controversy shall arise or happen touching the meaning
or Exposition of this my said Will that the same shall be determined by
my said Trustees or the Major part of them and what they shall judge
shall be binding to all persons And further my Will is That if either of my said
sons should dye before their attaining such their Ages of one and twenty years
that then the whole of such Childs part shall to the Survivours or Survivor
share and Share alike And lastly I revoke and make void all former Wills
by me made and of this do make my said brothers John and David Durell and
my Friends William Magick and William Cleeves and Elizabeth Bayly joynt
Executors for the Trust aforesaid and I do give to each of them six pounds
for their trouble herein In witness whereof I have hereunto set my hand and
Seal this Six and twentyeth day of June in the year of our lord Christ One
thousand Seven hundred twenty and two Aaron Durell  Signed sealed
published and declared by the said Testator to be his last Will and Testament
the words (and Eliz Bayly my Sister) being first interlined in two places in the
presence of  Willm White James Bristowe Tho Stokes

Probatum fuit [this paragraph continues in Latin to grant probate at London
on 20 February 1723]
vicesimo Die mensis Februarii Anno Domini Millesimo Septingentesimo vicesimo tertio]
[to] Johannis Durell Davidis Durell Gulielmi Magick Gulielmi Cleeves and Elizabetha Bayly 

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Last Modified: Saturday, 03-Aug-2013 19:09:37 NDT