5 August 1779 Will of David Durell of Poole, Dorset (proved 16 October 1780)

Source: TNA, PROB 11/1069

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This is the last Will and Testament
of me David Durel of the Town and County of Poole Gentleman
made this fifth day of August in the Year of our Lord one
thousand seven hundred and seventy nine as follows First I
will that all my just Debts and Funeral Expences be paid and
discharged Item I give and bequeath unto Jane Durel Widow
of my late Nephew John Durell deceased and to Elizabeth the



Widow of my late Brother Tito Durell one black Crape Gown
each To my Nephew Tito Durell one Suit of black Broad Cloth
To Susanna his Wife a black Crape Gown to his Sons Robert
and George one Suit of grey Cloth trimmed with black and to
his Daughters Susanna and Elizabeth a black Crape Gown each
To my Nephew Robert Tito Durell one suit of black broadcloth
To Mary his Wife one Crape Mourning Gown To their Sons John
Nicholas Durell and David Durell one suit of greay broadcloth
trimmed with black and to their other Children Mary and
Robert a Suit of Mourning each Item I give unto my said
Nephew Robert Tito Durell all my wearing Apparel both Linen
and Woollen Item I give to my Nephew George Tito Brice
one suit of grey broad Cloth trimmed with black To my Nephew
John Bird one suit of black broad Cloth To his Wife Ann
Farwell Bird one Crape Gown To their Sons David Durell Bird
and George Durell Bird one suit of Mourning each To my
Brother Aaron Durell one suit of black broad Cloth To his
Wife Mary Durell one Crape Mourning Gown To my Brother
George Durell one Suit of black Broad Cloth And to his Wife
Ann Durell one black Crape Gown Item I give to my friend
the Reverend John Howell a Pulpit black broad Cloth
sufficient in Quantity to make him afterwards a Cloak which
I desire he will wear in remembrance of me And I do hereby
will and direct that all the Mourning above mentioned
shall be purchased at the Shop of my said Nephew John
Bird and that the same shall be paid for by my Executors
hereinafter named And it is my Will that such of my said
Relations as shall at the time of my decease be in Poole and
shall not be presented by Sickness shall attend my Funeral
with the Mourning hereinbefore given to them on pain of
forfeiting the same And I do hereby direct that my Body may
be deposited in a Vault in the Meeting House where I now
attend Item I give to my friends Mr Edward Brice of Bristol
Mr Samuel Grey of the Sunfire Office Mr John Fry of
London and the said Reverend Mr Howel a Mourning
Ring each And I give to the said Mr Howel the sum of
ten Guineas and I will that my present subscription of
three Guineas per Annum be continued to be paid to the
said Mr Howel during so long time as he shall continue
the Pastor of the Dissenting Congregation known by the
name of the great Meeting House in Poole aforesaid which
Annual Subscription I direct shall be paid by my Executor
hereinafter named Item I give to the Poor of the said
Congregation the sum of three Guineas to be distributed
among them at the discretion of the said Mr Howel and
of my Executor hereinafter named Item I give to my
said Brother George Durell and to my Nephews the said
John Bird Tito Durell and Robert Tito Durell the sum of
four hundred pounds to be paid within twelve Months
next after my decease Upon Trust nevertheless and to the
intent and purpose that they the said George Durell
John Bird Tito Durell and Robert Tito Durell and the



Survivors and Survivor of them and the Executors and Admors
of such Survivor shall and do as soon as conveniently may
be place the same out at Interest on such Government or
other Securities as they shall think proper with power for them
my said Trustees to call in and replace out the same at their
Will and pleasure and the Interest profits and produce thereof
shall and do from time to time pay apply and dispose of for
and towards the Maintenance and Education of the said David
Durell Bird and George Durell Bird Sons of my said Nephew
John Bird until they shall attain their respective Ages of twenty
one years And whn and as soon as they shall respectively attain
their said Ages I give and bequeath the said Sum of four
hundred pounds and the several securities whereon the same
shall be placed unto the said David Durell Bird and George
Durell Bird equally to be divided between them part and
share alike And my Will further is that if either of them the
said David Durell Bird and George Durell Bird shall happen
to die under the Age of twenty one Years the sahre and
Interest of him so dying of and in the said principal sum
and the Interest thereof shall go to the Survivor of them
at the time and in manner aforesaid and if both of them
the said David Durell Bird and George Durell Bird shall
happen to die under the said Age it is my Will that they
the said Trustees shall and do pay Assign and deliver the
said Sum of four hundred pounds and the Securities for the
same unto my Nephew and Niece the said John Bird and
Ann Farwell Bird his Wife their Executors or Administrators
to and for his her and their own use and benefit Item I
give and devise unto my said Brother George Durell all
and singular my Lands Tenements and Hereditaments
whatsoever situate in the Town of Poole aforesaid and
at Litchet Minster in the County of Dorset or elsewhere
To hold to my said Brother George Durell and his Assigns
for and during the term of his natural life And from and
after his decease I give and devise all and singular the
said Lands Tenements and Hereditaments unto my Nephews
the said John Bird Tito Durell and Robert Tito Durel
their Heirs and Assigns for ever to for and upon the
several uses Trusts Intents and purposes hereinafter mentioned
and declared of and concerning the same (that is to say)
As to for and concerning my Moiety or half part of the
Dwelling House wherein I now live with the Garden Stable
Chaise House and Appurtenances thereunto belonging situate in
the Market Street in Poole aforesaid And also all that my Freehold
Tenement and Farm late Barnes's with the Lands and Premises
thereunto belonging situate at Litchet Minster aforesaid To
the use of the said David Durell Bird for and during the term
of his natural life And from and after the determination of
that Estate To the use of the said John Bird Tito Durell and
Robert Tito Durell and their Heirs during the natural life
of the said David Durell Bird In Trust to preserve and support
the contingent Uses and Estates herein after limited from being



defeated or destroyed and for that purpose to make Entries or
bring Actions as the case shall require Yet nevertheless to permit
and suffer the said David Durell Bird and this Assigns during
his life to receive and take the Rents and Profits thereof to and
for his own use and benefit And from and after his decease To
the use of the first second third and all and every other the
Son and Sons of the Body of the said David Durell Bird
lawfully to be be begotten severally successively and in remainder
one after another as they shall be in Seniority of Age and
Priority of Birth and the several and respective Heirs of the
Body and Bodies of such Son and Sons lawfully issuing the
Elder of such Sons and the Heirs of his Body to be always
preferred and to take before the Younger of such Sons and
the Heirs of his or their Body and Bodies issuing And for
default of such Issue To the use of all and every the Daughter
and Daughters of the Body of the said David Durell Bird
lawfully to be begotten and to be equally divided between or
among them (if more than one) share and share alike to take
as Tenants in Common and not as Joint Tenants and the
several and respective Heirs of the Bodies of all and every
such Daughter and Daughters lawfully issuing and in case
one or more such Daughters shall die without Issue of her or
their Body or Bodies then as to the Share or Shares of her or
them so dying without Issue To the use of the Survivors or
Survivor or others or other of them to be equally divided
between or among them if more than one share and share
alike to take as Tenants in Common and not as Joint
Tenants and the several and respective Heirs of the Bodies
of such Survivors and others or other of them And if all
such Daughters but one shall happen to die without Issue of
their Bodies or if there shall happen to be but one such
Daughter To the Use of such Surviving or only Daughter and
the Heirs of her Body And for default of such Issue To the
Use of the said George Durell Bird and his Assigns for and
during his natural life And from and after the determination
of that Estate To the use of the said John Bird Tito Durell
and Robert Tito Durell and their Heirs during the natural
life of the said George Durell Bird In Trust to Preserve and
support the Contingent Uses and Estates hereinafter limitted
from being defeated or destroyed and for that purpose to make
Entries or bring Actions as the case shall require Yet
nevertheless to permit the said George Durell Bird and his
Assigns during his life to receive and take the Rents and
profits thereof to and for his own use and benefit and from
and after his decease In Trust for the first second third and
all and every other the Son and Sons of the Body of the said
George Durell Bird lawfully to be begotten severally successively
and in remainder one after another as they shall be in Seniority
of Age and priority of Birth and the several and respective
Heirs of the Body and Bodies of such Son and Sons lawfully
issuing the Elder of such Sons and the Heirs of his Body to
be always preferred and to take before the Younger of such



Sons and the Heirs of his or their Body and Bodies issuing
And for default of such Issue To the Use of all and every the
Daughter and Daughters of the Body of the said George
Durell Bird lawfully to be begotten and to be equally divided
between or among them if more than one share and share alike
to take as Tenants in Common and not as Joint Tenants and the
several and respective Heirs of the Bodies of all and every such
Daughter and Daughters lawfully issuing and in case one or
more such Daughters shall happen to die without Issue of her
or their Body or Bodies then as to the share and shares of her
or them so dying without Issue to the use of the Survivors or
others of them to be equally divided between or among them if
more than one share and share alike to take as Tenants in
common and not as Joint Tenants And the several and respective
Heirs of the Bodies of such Survivors And if all such Daughters
but one shall happen to die without Issue or if there shall
happen to be but one such Daughter To the Use of such
Surviving or only Daughter and the Heirs of her Body And
for default of such Issue To the Use of my Niece Ann Farwell
Bird Wife of the said John Bird for and during her natural life
And from and after the determination of that Estate To the use
of the said John Bird Tito Durell and Robert Tito Durell and
their Heirs In Trust in like manner to preserve and support the
contingent Uses and Estates hereinafter limited from being defeated
or destroyed And from and after the decease of the said Ann
Farwell Bird To the Use of the third fourth and every other the
Son and Sons of the Body of the said Ann Farwell Bird lawfully
to be begotten severally successively and in Remainder one
after another as they shall be in Seniority of Age and priority
of Birth and the several and respective Heirs of the Body and
Bodies of such Son and Sons lawfully issuing the Elder of such
Sons and the Heirs of his Body to be always preferred and to
take before the Younger of such Sons and the Heirs of his or
their Body and Bodies issuing And for default of such Issue
To the Use of all and every the Daughter and Daughters of
the Body of the said Ann Farwell Bird lawfully to be begotten
to be equally divided between and among them if more than
one share and share alike to take as Tenants in Common and
not as Joint Tenants and the several and respective Heirs
of the Bodies of all and every such Daughter and Daughters
lawfully issuing and in case one or more such Daughters
shall happen to die without Issue ^ To the Use of the Survivors			^ of her or their Bodies then as to
or others of them to be equally divided between or among them			  the share or shares of her or
if more than one share and share alike to take as Tenants in			  or them so dying without
common and not as Joint Tenants And the several and respective			  Issue
Heirs of the Bodies of such Survivors And if all such Daughters
but one shall happen to die without Issue or if there shall
happen to be but one such Daughter To the use of such
surviving or only Daughter and the Heirs of her Body And for
default of such Issue To the Use of David Durell Son of my
said Nephew Robert Tito Durell for and during his natural life
and from and after the determination of that Estate To the use



of the said John Bird Tito Durell and Robert Tito Durell and
their Heirs during the natural life of the said David Durell
In Trust in like manner to preserve and support the contingent
uses and Estates hereinafter limited from being defeated or destroyed
and from and after the decease of the said David Durell To the
use of the first second third and all and every other the Son
and Sons of the Body of the said David Durell lawfully to be
begotten severally successively and in remainder one after another
as they shall be in Seniority of Age and priority of Birth and
the several and respective Heirs of the Body and Bodies of such
Son and Sons lawfully issuing the Elder of such Sons and the
Heirs of his Body to be always preferred and to take before the
Younger of such Sons and the Heirs of his or their Body and
Bodies issuing and for default of such Issue To the Use of all
and every the Daughter and Daughters of the Body of the said
David Durell lawfully to be begotten to be equally divided
between or among them if more than one share and share alike
to take as Tenants in Common and not as Joint Tenants and the
several and respective Heirs of the Bodies of all and every such
Daughter and Daughters lawfully issuing and in case one or
more of such Daughters shall happen to die without Issue of her
or their Bodies then as to the share or shares of her or them so
dying without Issue To the use of the Survivors or others of them
to be equally divided between or among them if more than one
share and share alike to take as Tenants in Common and not
as Joint Tenants and the several and respective Heirs of the
Bodies of such Survivors And if all such Daughters but one
shall happen to die without Issue or if there shall happen
to be but one such Daughter To the use of such Surviving or
only Daughter and the Heirs of her Body and for default
of such Issue To the use of Robert Durell another Son of my
said Nephew Robert Tito Durell and of his Heirs and Assigns
for ever And as to for and concerning all that my Tenement or
Dwelling House called the Globe situate in the High Street in
Poole aforesaid with the Appurtenances thereunto belonging To
the use of David Durell Son of my said Nephew Robert Tito
Durell for and during his natural life And from and after the
determination of that Estate To the use of the said John Bird
Tito Durell and Robert Tito Durell and their Heirs during the
natural life of the said David Durell In Trust to preserve the
Contingent Uses and Estates hereinafter limited from being
defeated and destroyed and for that purpose to make Entries or
bring Actions as the case shall require Yet nevertheless to permit
and suffer the said David Durell and his Assigns during his
life to receive and take the Rents and profits thereof to and
for his own use and benefit And from and after the decease of
the said David Durell To the use of the first second third and
all and every other the Son and Sons of the Body of the said
David Durell lawfully to be begotten severally successively
and in remainder one after another as they shall be in Seniority
of Age and priority of Birth and the several and respective
Heirs of the Body and Bodies of such Son and Sons lawfully 
						    Issuing



Issuing the Elder of such Sons and the Heirs of his Body to be
always preferred and to take before the Younger of such Sons and
the Heirs of his or their Body or Bodies issuing And for default of
such Issue To the Use of all and every the Daughter and Daughters 
of the Body of the said David Durell lawfully to be begotten to be
equally divided between and among them if more than one share
and share alike to take as Tenants in Common and not as Joint
Tenants and the several and respective Heirs of the Bodies of all
and every such Daughter and Daughters lawfully issuing and in
case one or more of such Daughters shall happen to die without
Issue of her or their Bodies then as to the share or shares of her
or them so dying without Issue To the Use of the Survivors or others
of them to be equally divided between or among them if more
than one share and share alike to take as Tenants in Common
and as Joint Tenants and the several and respective Heirs of the
Bodies of such Survivors And if all such Daughters but one shall
happen to die without Issue or if there shall happen to be but
one such Daughter To the User of such Surviving or only Daughter
and the Heirs of her Body And for default of such Issue To the
Use of Mary Durell Daughter of my said Nephew Robert Tito
Durell for and during her natural life And from and after the
determination of that Estate To the Use of the said John Bird
Tito Durell and Robert Tito Durell and their Heirs during the
natural life of the said Mary Durell In Trust in like manner
to preserve and support the Contingent Uses and Estates herein
after limited from being defeated or destroyed And from and after
the decease of the said Mary Durell To the Use of the first second
third and all and every other the Son and Sons of the Body of
the said Mary Durell lawfully to be begotten severally successively
and in remainder one after another as they shall be in Seniority
of Age and priority of Birth and the several and respective Heirs
of the Body of such Son and Sons lawfully issuing the Elder
such Sons and the Heirs of his Body to be always preferred
and to take before the Younger of such Sons and the Heirs of
his or their Bodies Issuing And for default of such Issue To
the Use of all and every the Daughter and Daughters of the
Body of the said Mary Durell lawfully to be begotten to be
equally divided between and among them (if more than one)
share and share alike to take as Tenants in Common and not
as Joint Tenants and the several and respective Heirs of the
Bodies of all and every such Daughter and Daughters lawfully
issuing and in case one or more such Daughters shall happen
to die without Issue then as to the share and shres of her or
them so dying without Issue To the use of the Survivors or
others of them to be equally divided between or among them (if
more than one) share and share alike to take as Tenants in
Common and not as Joint Tenants and the several and respective
Heirs of the Bodies of such Survivors And if all such Daughters
but one shall happen to die without Issue or if there shall be
but on such Daughter To the Use of Such Surviving or only
Daughter and the Heirs of her Body And for default of such
Issue To the use of the said David Durell Bird Son of my said



Nephew John Bird and to his Heirs and Assigns for ever provided
nevertheless and my will is and I do hereby direct that it shall nd
may be lawful to and for my said Brother George Durell and all
and every other person and persons who for the time being shall by
virtue of the Uses and Limitations hereinbefore contained be
Tenants for life in possession of any part of the Lands Tenements
and Hereditaments hereinbefore devised by Indenture or Indentures
under their his or her Hands and Seals or Hand and Seal to
Demise Lease or Set my said Estates or any part thereof to any
person or persons for any Term or Number of Years not exceeding
fourteen years in possession and not in Reversion Remainder or
Expectancy so as upon every such Lease there be reserved and
made payable during the continuance thereof respectively the
most and best improved Yearly Rent by hald Yearly or Quarterly
payments that can be reasonably had or obtained for the same
without taking any Sum or Sums of Money or other thing by way
of fine or Income for or in respect of such Lease or Leases and so
as none of such Lease or Leases be made dispunishable of waste
by any express words therein and so as in every one of the same
Leases there be contained a Clause of Reentry on nonpayment of
the Rent or Rents to be thereby reserved and so as the Lessee or
lessees to whom such Lease or Leases shall be made do Seal
and deliver a Counterpart or Counterparts thereof any thing in
this my Will contained to the contrary thereof in any wise not-
withstanding Item I give and bequeath unto the said George
Durell John Bird Tito Durell and Robert Tito Durell their
Executors and Administrators all and singular my Household
Goods and Furniture and Implements of Household Linen Plate
China and Pictures Upon Trust nevertheless to permit and suffer
the same to continue and remain as Heir Looms in the said
Dwelling House in the Market Street wherein I now live or
otherwise to be used by every such person and persons who for
the time being shall respectively be seized or possessed of my said
Moiety or half part of the said Dwelling House by force and
virtue of the several Devises and Limitations thereof contained
in this my Will Item all the rest residue and remainder of my
real Estate whatsoever and wheresoever and all other my Goods
Chattels Monies and Securities for Money Stock in Trade and
all other my personal Estate not hereinbefore particularly
disposed of I give devise and bequeath unto my said Brother
George Durell his Heirs Executors and Administrators according
to the nature of my Estate and Interest therein respectively And
Lastly I do hereby constitute and appoint my said Brother
George Durell the sole Executor of this my last Will and Testament
hereby revoking all former Wills by me made and declaring this
only to be my true last Will and Testament In Witness whereof
I the said David Durell have to this my Will consisting of seven
Sheets of Paper set my Hand and Seal to wit my Hand to each
of the six preceeding Sheets and my Hand and Seal to this last
Sheet and my Seal at the top of the first Sheet where all the said
sheets are affixed together the day and year first above written
Da d Durell LS  This writing consisting of seven Sheets of 



Paper was Signed and Sealed by the above named David Durell
the Testator and by him published and declared as and for his last
will and Testament in the presence of us who in his presence and
in the presence of each other have subscribed our names as Witnesses
thereto Richd Miller  Saml Symes  Wm Dean

A Codicil to the last Will and Testament of me David
Durell of the Town and County of Poole Gentleman made the
31 day of August 1780 as follows First I revoke and make void
the Legacy given in and by my said Will of four hundred pounds
in Trust for my Grand Nephews David Durell Bird and George
Durell Bird the Sons of my Nephew John Bird and instead
thereof I give and bequeath unto my Brother George Durell
the sum of three hundred pounds Capital Stock called Bank
Stock In Trust for my said Grand Nephews David Durell Bird
and George Durell Bird and for my other Grand Nephews
Samuel Bird another Son of my said Nephew John Bird to be
paid to them respectively in equal shares at their respective
Ages of twenty one years with Interest in the mean time to be
applied for and towards their Maintenance and with benefit
of Survivorship in case any of them shall happen to die under
twenty one Also I revoke and make void all the Uses and Trusts
in my said Will declared of and concerning my Tenement situate
in the High Street in Poole aforesaid called the Globe and do
hereby give and devise the said Tenement with the Appurtenances
unto my said Brother George Durell his Heirs and Assigns for
ever to and for his own use and benefit Also I give and bequeath
unto the several persons herein after named the several Legacies
following over and above the Legacies given them by my Will
vizt To Elizabeth Widow of Tito Durell deceased the Sum of ten
Guineas To Ann the Wife of my Brother George Durell ten
Guineas To my Nephew Tito Durell ten Guineas And to my
Nephew Robert Tito Durell ten Guineas to be paid within twelve
Months next after my decease And to Susanna Robert Elizabeth
and George the Sons and Daughters of the said Tito Durell five
Guineas each to be paid at the Age of twenty one years with
benefit of Survivorship in case any of the four last named
Legatees should happen to die under twenty one To John David
Mary and Robert the Children of my said Nephew Robert Tito
Durell five Guineas each to be paid at their Age of twenty one
Years with     benefit of Survivorship in case any of their
deaths under twenty one And to my said Nephew and Niece John
Bird and Ann his Wife ten Guineas each to be paid within
twelve Months from my decease And I do ratify and confirm my
Will in all other respects In Witness whereof I have hereto set
my Hand and Seal the day and Year first above written Da d
Durell LS  Signed Sealed published and declared by the said
David Durell as and for a Codicil to his last Will in the presence
of us who have subscribed it in his presence and in the presence of
each other Richd Miller  Wm Dean  Samuel Austin



This Will was proved at London with a Codicil the
sixteenth day of October in the Year of Our Lord One thousand
seven hundred and eighty before the Right Worshipful Peter Calvert
Doctor of Laws Master Keeper or Commissary of the Prerogative
Court of Canterbury lawfully constituted by the Oath of George Durell
the Brother of the deceased and 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 he having been first
sworn by Commission duly to Administer


On the 9th day of July 1803
Admon (with this Will annexed) of the
Goods Chattels & Credits of David
Durell late of the Town & County of
Poole decd left ??????? by George
Durell the Brother the sole extor named
in the sd Will was granted to David
Durell ????????? (with the sd
Will annexed) ??????????????
of the sd George Durell having been
first sworn by ?????? to Admr
the sd Geo Durell ??????????
and app???? his Wife Ann Durell sole Extrix and
Residy Legatee who died in her ?????

Last Modified: Sunday, 04-Aug-2013 15:45:35 NDT