30 June 1803 Will of Thomas Pike Durell of Poole, Dorset (proved 16 February 1804)

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

Source: TNA, PROB 11/1404

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This is the last Will
and Testament of me Thomas Pike Durell of the Town
and County of Poole a Captain in the Royal Navy
which I make in manner following that is to say I
order my just Debts Funeral Expences and the charges
of the Probate hereof to be first paid and discharged
by my Executor out of my Residuary Property herein
after bequeathed I give and devise unto my Relation
Young West of Poole aforesaid Surgeon All that my
Messuage or Dwelling house wherein I now reside
situate on the South Side of High Street in Poole
aforesaid with the Outbuildings Garden Offices and
other Appurtenances thereto belonging and also all
that Messuage or Dwelling House situate at or near a Place
called Barbers Piles in Poole aforesaid now in the
Occupation of James Randall and Joseph Randall with
the Outbuildings Garden and other Appurtenances 
thereto belonging and also my Estate and Interest in
a Dwelling house Garden and Premises adjoining the
said lastmentioned Dwelling house now in the Occupation
of            To hold the same to him the said Young
West his Heirs Executors and Administrators and Assigns
according to the nature of the Estates upon Trust
nevertheless to pay to or permit and suffer my Daughter
Susanna Durell to receive and take the Rents Issues
thereof to and for her own sole and separate use
independant and exclusive of any Husband with
whom she may intermarry and to be no ways subjects
or liable to the Debts Controul or Intermeddling of any
such Husband for and during the natural life of my
said Daughter and from and after her Decease upon
Trust to sell and dispose of the said Messuages or
Dwelling houses and other Premises aforesaid either
together or in Lots and either by Public Sale or
Private contract for the most Money that can be
reasonably obtained for the same and the Receipt
or Receipts of the said Young West his Heirs Executors

Administrators or Assigns shall be a sufficient discharge or
discharges to any Purchaser or Purchasers who shall not
be answerable or accountable for the application or
nonapplication of the Purchase Money to be expressed in
such Receipt or Receipts and as to the Money arising
from such Sale or Sales upon Trust for and I do hereby
give and bequeath the same unto and equally amongst
all and every the Child and Children of my said Daughter
who shall be living at the time of her Death or who
shall have then left Issue such Issue to take the Share
which the Parent would have taken if living and in
case such Issue shall be more than one Child then equally
amongst them Share and Share alike but in case my
said Daughter shall not have any Child or Children or
Issue of any Child or Children living at her Decease then
as to the Money arising from such Sale or Sales upon Trust
for and I do hereby give and bequeath the same unto my
Relations hereinafter mentioned and in the proportions
following that is to say One third part thereof unto
Elizabeth West Daughter of the said Young West to be
payable at her age of Twenty one years One other
third part thereof unto and equally amongst the
Children of Martha Willis Widow viz Martha Willis
Susanna Willis and Eliza Willis to be payable when the
youngest of them attains the Age of Twenty one years
and the remaining one third part thereof unto Harriett
Green Daughter of the late Young Green deceased to be
payable when she attains her Age of Twenty one years
and each of the said Legatees to be entitled to Interest
on their respective Legacies from the Death of my said
Daughter without Issue as aforesaid until the same shall
become payable I give and bequeath unto the said
Young West the Sum of One hundred and Fifty Pounds and the
Picture of myself and also the picture of Christ now in
the large Parlour I give and bequeath unto my Niece
Elizabeth Pike Barnes Wife of        Barnes of Longfleet
near Poole and Daughter of Thomas Easley deceased the
Sum of Ten Guineas and a Silver Tankard marked TkA 1735
And I give devise and bequeath unto my said Daughter
Susanna all my Monies in the Public Funds whether placed
in my proper Name or in the Name of "Thomas Durell"
only and also the Monies due to me on Securities by
Bond Note or otherwise particularly a Sum of Four
hundred Pounds due to me as principal Money from
my nephew Thomas Green and the Interest which may
be due thereon at my Decease and all my Household
Goods and Furniture Plate Linen China Pictures and
Books (except the said Pictures and Tankard) and all
other my Estate and Effects whatsoever and wheresoever
To hold the same and every part thereof unto her
my said Daughter her Heirs Executors administrators

and assigns absolutely for ever Provided always and it is my
Will and I do hereby direct that the said Young West shall
not be called upon or be liable to pay such Sum or Sums
of Money as he may happen to owe me at my Decease
until Two years after such my Decease and not then
unless the Person entitled thereto shall give a years previous
Notice of the payment thereof being required and that
he shall afterwards have the like notice in case none shall
be given within the two years and I also direct that the
said Young West his Heirs Executors admors and assigns
shall be entitled to reimburse himself and themselves out
of the said Trust Premises all such Costs Charges and
Expences which he or they shall incur or sustain for
by reason or in execution of the Trust hereby reposed in
him and them and revoking all former Wills by me
made I declare this only to be my last Will and
Testament and do appoint the said Young West sole
Executor hereof In Witness whereof I have to this my
Will contained in Two Sheets of Paper set my Hand
and Seal that is to say to the first sheet I have
subscribed my Name and to this last sheet I have
subscribed my Name and affixed my Seal this Thirtieth
Day of June in the year of our Lord One thousand
Eight hundred and three  Thos Pike Durell  LS  Signed
Sealed Published and Declared by the said Thomas Pike
Durell as and for his last Will and Testmant in the
presence of us who at his request in his presence and
in the presence of each other have subscribed our Names
as witnesses attesting the due execution thereof the
words "the Sum of One hundred and Fifty Pounds and"
"his Heirs Executors Administrators and assigns" and
themselves and "or they" all in this sheet having been first
interlined  Wm James  Wm Gregory  Thos Parr

This Will was proved at London on the
sixteenth Day of February in the year of our Lord
One thousand Eight hundred and four before the Right
Honorable Sir William Wynne Knight Doctor of Laws
Master Keeper or Commissary of the Prerogative Court
of Canterbury lawfully constituted by the Oath of Young
West the Nephew of the Deceased and the 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 having been first sworn
by Commission duly to Administer

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Last Modified: Saturday, 03-Aug-2013 19:20:57 NDT