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