Source: TNA, PROB 11/2178
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This is the last Will and Testament of me Dorothy Durell of the Town and County of of the Town of Poole Widow I hereby revoke all Wills and Codicils made by me at any time or times heretofore I give and devise the messuages lands and tenements formerly belonging to Mr Robert T Durell and devised to me by my late husband unto Mr David Durell and Mr John Durell Sons of Mr Robert Durell deceased To hold the same to them and their respective heirs and assigns as tenants in common I give and bequeath unto my friends The Reverend Peter William Jolliffe and Mr Francis Edwards both of Poole the sum of fifty pounds each as small tokens of my regard the same to be paid within three Calendar months after my decease I give devise and bequeath unto George Ledgard and Richard Ledgard both of Poole Bankers my leasehold messuage or dwellinghouse on the Parade Poole wherein I reside with the garden and its appurtenances also all my stock in the Government long annuities also all my stock in the consolida ted three per cent annuities amounting to one thousand pounds and also all other the stocks funds and securities for money and all the monies household goods furniture effects chattels and all other the estate both real and personal of or to which I or any person or persons in trust for me shall be seized possessed or entitled at the time of my decease (except such part or parts thereof as I have herein given or may hereafter specifically devise or bequeath To hold the same unto the said George Ledgard and Richard Ledgard their heirs executors administrators and assigns respectively Upon trust that they the said George Ledgard and Richard Ledgard and the survivor of them and the heirs executors administrators and assigns of such survivor and the trustees and trustee for the time being of this my Will as and shall so soon as conveniently may be after my decease and either by public auction or private contract sell dispose of and convert into money for the best prices that can be reasonably obtained my said messuage garden and appurtenances and also all such other parts of my said trust estate and premises as shall not consist of money or of government stocks funds or securities or of long annuities which are not to be sold And do snad shall from and out of the monies which shall arise from all such Sales disposal and con- version aforesaid in the first place pay the costs and expenses atten- ding the same and all my just debts funeral and testamentary expences and the pecuniary legacies hereing bequeathed Then do and shall lay out and invest all the monies which will remain after satisfying the purposes aforesaid or which shall ocme to their or his hands or hand by virtue of this my Will in the purchase in their or his names or name of Parliamentary or government stocks or funds of Great Britain And I declare that my said trustees and trustee shall stand and be possessed of and interested in the said stock in the government long annuities and the said One thousand pounds Consolidated three per cent annuities and the said stocks or funds so to be purchased as aforesaid and of and in all other my trust stocks funds estate and pre- mises and the residue thereof Upon trust that they and he my said trustees and trustee do and shall from or out of the dividends interest and annual produce thereof pay unto or permit my faithful Servant Caroline Haskett to receive and take one annuity or clear yearly sum of twenty pounds during the term of her life the same annuity to commence from the day of my decease to be payable half yearly on the twenty fifth day of January and the twenty fifth day of July the first payment thereof to be made on the first of those days which will happen next after my decease and whether a half year shall have then expired or not And further that my said trustees and trustee do and shall pay the remainder or surplus of the dividends interest and annual produce of my said trust stocks funds estate and premises after satisfying the said annuity and the whole thereof after the decease of the said Caroline Haskett as and when the same shall become due and payable unto my Cousin Dorothy Farrell of Lower Clapton Middlesex Spinster during the term of her life And I declare that from and imme- diately after the decease of the said Dorothy Farrell my said trustees and trustee shall stand and be possessed of and interested in all the said trust stocks and funds and the interest dividends and annual produce thereof and all other my said trust estate and premises and the residue thereof subject to the payment of the said annuity of twenty pounds Upon trust that they and he do and shall pay transfer or divide the same unto or between Mrs Jane Hansmore of Woodbridge in Cornwall Widow of Mr John Hansmore formerly Collector of the Customs at Truro Miss Nancy Ebster of Skinner Street Poole Elizabeth Hart now living with the said Dorothy Farrell at Lower Clapton aforesaid and Miss Sophia Kemp of the Parade Poole in equal shares and proportions and in case either or any of them the said Jane Hansmore Nancy Ebster Elizabeth Hart or Sophia Kemp shall die in my lifetime then do and shall pay transfer or divide my said trust stocks and funds and the interest dividends and annual produce thereof and all other my said trust estate and premises and the residue thereof subject as aforesaid unto or between such of them as shall be living at the time of my decease in equal shares and proportions I direct that the legacy duty on the said annuity of twenty pounds shall be paid out of the dividends of my said stocks or annuities due at the time of my decease and that the residue of such last mentioned dividends shall form part of my residuary estate And I declare that in case the said Dorothy Farrell shall happen to die in the lifetime of the said Caroline Haskett my said trustees or trustee shall within three calendar months after her decease set apart in their or his names or name a sufficient sum of any of the said trust stocks or funds for answering by means of the dividends or income thereof the payment of the said annuity of twenty pounds and that thenceforth the remaining part of my said trust estate and premises shall be exonerated from payment of the same annu- ity and on the dropping thereof the stocks funds or premises so to be set apart shall fall into the residue of my said estate And I authorize my said trustees and trustee to full state or renew the Lease of my said messuage in case any life or lives therein shall remain to be put in or shall drop And I authorize my said trustees and trustee to vary and transpose the said trust stocks and securities for or into others of the same kinds aforesaid except the said Long annuities and also to do make and executie all deeds and transfers necessary for the purposes of this my Will And I declare that that the receipts of my said trustees and trustee for all monies or effects payable or paid delivered to them or him by virtue of this my Will or the trusts thereof shall be good discharges to the persons or any purchasers to whom the same receipts shall be given who shall respectively be exonerated from seeing to the application or being liable for the misapplication of the monies or premises in such receipts acknowledged to have been received I give to the said Caroline Haskett all my wearing apparel and to each of the Servants who shall be living with me at the time of my decease a suit of mourning I nom- inate and appoint the said George Ledgard and Richard Ledgard to be the Executors of this my Will And I bequeath to each of them the sum of fifty pounds for their trouble in the trusteeship and executorship And I bequeath to the said George Ledgard my two family portraits painted in oil colors which are in my bedroom And I declare that if my trustees herein named or any trustees or trustee to be appointed under this clause shall die or be unwilling or incompetent to accept or execute this trusts of this my Will it shall be lawful for the said residuary legatees in trust or the survivors or survivor of them and after the decease of the last survivor for the continuing or last surviving trustee his execu- tor or administrator by any writing under their respective hands to substitute any person or persons to be a trustee or trustees in the place of any such trustee or trustees who may so die or be unwilling or in- competent as aforesaid in whom my said trust estate shall be vested accordingly jointly with any surviving or continuing trustee or solely as occasion shall require and I exempt every trustee of my Will from all liability for losses occurring without his own wilful default and authorize him to retain and allow his Cotrustee or Cotrustees all expences incidental to the trusteeship And I declare that the powers hereinbefore vested in the trustees herein named shall be exerciseable by the trustees and trustee for the time being of this my Will In witness whereof I the said Dorothy Durell have to this my last Will and Testament contained in five sheets of paper subscribed my hand this twenty third day of May one thousand eight hundred and fifty three Dorothy Durell Signed by the said Dorothy Durell the testatrix in the presence of us both present at the same time who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses the words "estate" and "and" being first interlined on the third sheet and "dividends" on the same third sheet being writtn on an erasure and "from" on this last being partly written on an obliteration Robt White ?????man Poole John Kemp Solicitor Bath This is a Codicil to the last Will and Testament of me Dorothy Durell of the Town and County of the Town of Poole Widow which will bears date on or about the twenty third day of May last past Whereas I have by my said Will named George Ledgard and Richard Ledgard both of Poole Bankers as trustees and executors of my said Will and thereby gave devised and bequeated unto them their heirs execu- tors administrators and assigns respectively a leasehold messuage certain stocks and funds and other hereditaments therein mentioned and all other my estate both real and personal And whereas it is my wish to appoint John Kemp of the City of Bath Solicitor to be also a trustee and executor of my said Will together with the said George Ledgard and Richard Ledgard Now it is my Will that the said John Kemp shall be added as one of the trustees and executors of my said Will and I appoint him such accordingly And I direct that my Will shall be read construed and take effect in the same manner as if the name of the said John Kemp had been inserted therein together with the names of the said George Ledgard and Richard Ledgard as trustees and executors of my said Will And I direct that the said John Kemp shall be the Solicitor to my trust property and as such notwithstanding his acceptance of the trusteeship and executorship be allowed all professional charges which if employed as Solicitor to my trustees and executors not being a trustee and executor himself he would be entitled to make And I confirm the bequest in my said Will of fifty pounds each to the said George Ledgard and Richard Ledgard And I also confirm my said Will in all other resepcts In witness whereof I have hereunto set my hand this twentieth day of June one thousand eight hundred and fifty three Dorothy Durell Signed by the said Testatrix Dorothy Durell as and for a Codicil to her last Will and Testament in the presence and in the presence of each other have hereunto subscribed our names as attesting witnesses R Olway Wilson Poole Dorset Edward Lacy Poole Dorset Proved at London with a Codicil the 2d day of September 1853 before the Judge by the oaths of George Ledgard and Richard Ledgard Esquires the executors named in the Will and John Kemp Esquire the executor named in the said Codicil to whom administration was granted having been first sworn by Commission duly to administer
Last Modified: Friday, 02-Aug-2013 11:45:11 NDT