Source: TNA, PROB 11/1412
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This is the last Will and Testament of me Tito Durell of the Town and County of Poole Ship builder which I make in manner following (that is to say) I order my just Debts Funeral Expences and the Charges of the probate of this my will to be first paid and discharged I Give and bequeath unto my Dear Wife Susannah the use of all my Household Goods and Furniture Plate Linen and China and the Interest and Income arising and to arise from all my Monies and Securities for Money and also the use of all other my personal Estate and Effects for and during her natural life I also Give and devise unto her my said Wife all and singular my Lands and Tenements and Heredits whether Freehold or Leasehold or of what other Tenure or kind soever and whether in possession or reversion which I shall die seized possessed of or entitled unto (in which devise I mean to include what I am interested in or entitled unto under the will of my late uncle Aaron Durell deceased) To hold to her my said Wife and her assigns for and during her natural life and from and after the decease of my said Wife I Give and devise all and Singular my said Lands Tenements and Heredits (save and except such Interest as I may have in Two Messuages or Dwelling houses with their appurts in or near Strand Street in Poole aforesaid devised by the will of my said wifes late Father Benjamin Frith deceased and described by him in his said will to have been purchased of Elizabeth Wills and Joseph Fryer and now in the occupation of William Mendell and of the widow Cartridge as his undertenant in manner following (that is to say) as to one Moiety or half part thereof unto my Daughter Susannah Hodges and her Husband Robert Hodges To hold unto them and their assigns for and during their joint natural lives and to the Survivor of them and her or his assigns for and during his or her natural life and from and after the decease of the Survivor of them I Give and devise the same Moiety or half part unto all and every the children and child of her my said Daughter Susannah Hodges begotten or to be begotten equally amongst them as Tenants in common if more than one and to their several and respective Heirs Executors admors and assigns for ever and if but one to such only Child his or her Heirs Executors admors and assigns absolutely for ever and if my said Daughter Susannah shall happen to die leaving no Children or Child or Issue of any such Children or Child then I do Give and devise the same Moeity or half part unto and for such Person and persons and for such Estate and Estates Interest and Interests and to and for such Ends Intents and purposes and subject to such Charges annuities Sums of Money powers provisoes conditions and Limitations as she my said Daughter Susannah whether Covert or Sole shall at any time during her life by any Deed Instrument Deeds or Instruments in writing with or without power or Revocation to be sealed and delivered by her in the presence of and to be attested by two or more credible witnesses or by her last will and Testament or any Codicil Codicils thereto in writing or any writing pruporting to be her last will and Testament or Codicil to be Signed and published by her in the presence of and to be attested by three or more credible witnesses shall notwithstanding her coverture and as if she was sole and unmarried limit direct or appoint give or dispose of the same or any part thereof and in default of such Direction Limitation or appointment Gift Disposition and Subject thereto where the same shall happen not to be a compleat Disposition of the whole of the said Moiety I do give and devise the same unto and to the use and behoof of the said Robert Hodges the Husband of my said Daughter Susannah his Heirs and Assigns for ever and as to the other undivided Moiety or half part of my said Lands Tenements and Heredits (except as aforesaid I Give and Devise the same unto my Daughter Elizabeth Major and her husband William Major To hold to them and their assigns for and during their joint natural lives and to the Survivor of them and her or his Assigns for and during her or his natural life and from and after the decease of the Survivor of them I Give and devise the same last mentioned Moiety or half part unto all and every the Children and Child of her my said Daughter Elizabeth Major begotten or to be begotten equally amongst them as Tenants in common if more than one and to their several and respective Heirs Executors Admors and Assigns absolutely for ever and if but One to such only Child his or her Heirs Executors admors and Assigns absolutely for ever and if my said Daughter Elizabeth shall happen to die leaving leaving no Children or Child or Issue of any such Children or Child then I do give and devise the same Moiety or half part unto and for such person and persons and for such Estate and Estates Interest and Interests and to and for such Ends Intents and purposes and subject to such Charges Annuities Sums of Money powers provisos Conditions and Limitations as she my said Daughter Elizabeth whether covert or sole shall at any time during her life by any Deed or Instrument Deeds or instruments in writing with or without power of Revocation to be sealed and delivered by her in the presence of and to be attested by two or more credible witnesses or by her last will and Testament or any codicil or Codicils thereto in writing or any writing purporting to be her last will and Testament or Codicil to be signed and published by her in the presence of and to be attested by three or more credible witnesses shall notwithstanding her coverture and as if she were sole and unmarried limited direct or appoint give or dispose of the same or any part thereof and in default of such Limitation direction or appointment Gift or Disposition and Subject thereto where the same shall happen not to be a complete Disposition of the whole of the said last mentioned Moiety I do give and devise the same unto and to the use and behoof of the said William Major the Husband of my said Daughter Elizabeth his Heirs and assigns for ever And whereas my Grandson Robert Tito Durell upon the death of my said wife will become intitled under the will of his Grandfather the said Benjamin Frith to one Moiety of the Freehold House and premises before mentioned to be in the occupation of William Mendell and purchased of and from Elizabeth Wills and whereas I am possessed in right of my said wife to the whole of the said Leasehold House and premises purchased of the said Joseph Fryer and now in the occupation of widow Cartridge and formerly called the Fountain ale house adjoining the said House occupied by the said William Mendell Now it is my express will and desire that both my said Moiety of the said Freehold House and premises and the whole of the said Leasehold House and premises with the appurts should come to my Grandson Robert Tito Durell and I do accordingly as far as my Right and Interest therein respectively extend Give and devise the same unto my said Grandson Robert Tito Durell his Heirs Executors admors and assigns absolutely for ever but it is my will and desire that my Friend James Bayly of Poole aforesaid Draper and my said Sons in Law Robert Hodges and William Major shall be Guardians of my said Grandson Robert Tito Durell during his Minority and I do hereby authorize them to receive and take the Rents Issues and Profits of the said Moiety and of the said House and premises so given to my said Grandson and that they shall have the Management and Letting thereof until he shall attain his age of twenty one years and that such Rents and Profits shall be applied entirely at their own discretion for and towards his Maintenance Education and bringing up and putting out in the word and that they shall have Liberty to suffer such Rents to accumulate for his benefit if they shall think proper and in case of my said Grandsons death under the age of twenty one years without Issue I do give and devise the same last mentioned Moiety House and premises with such accumulation of Rents unto his Brother my Grandson Tito Durell his Heirs Executors Admors and Assigns with a like power to the said James Bayly Robert Hodges and William Major as to the Receipt and Management of the Rents until he shall attain his age of twenty one years and I appoint them Guardians of my said Grandson Tito Durell during his Minority I Give and bequeath unto the said James Bayly Robert Hodges and William Major their Executors and Admors the Sum of Four hundred and Fifty pounds upon trust to place the same out at Interest and to pay and apply the same and the Interest thereof as hereinafter mentioned (that is to say) as to the Interest or Income of one hundred and fifty pounds part thereof In Trust to pay apply and appropriate the same entirely at their own discretion for and towards the Maintenance Education bringing up or putting out of my said Grandson Robert Tito Durell until he shall attain his age of twenty one years or to suffer it to accumulate if they shall think proper and as to the Interest or Income arising from three hundred pounds the other part thereof In Trust to pay apply and appriate the same entirely of their own discretion for and towards the Maintenance Education bringing up or putting out of my said Grandson Tito Durell until he shall attain his age of twenty one years or to suffer it to accumulate if they shall think proper and when and as soon as my said Grandson Robert Tito Durell shall attain his age of twenty one years In Trust to pay the said principal Sum of One hundred and fifty pounds and any accumulation of Interest to him and for his own use or in case of his dying under that age and leaving any Child or Children lawfully begotten In Trust to pay the same to such Child or children equally amongst them and in case of his dying under the age of twenty one years and leaving no such Child or children then the said principal Sum of One hundred and fifty pounds shall lapse and fall into the Residue of my personal Estate hereinafter bequeathed and as to the said principal Sum of Three hundred pounds and any accumulation of Interest In Trust to pay the same to my said Grandson Tito Durell to and for his own use when and as soon as he shall attain the age of twenty one years but in case of this dying under the age of twenty one years leaving any Child or Children ^ if more than one equally amongst ^ lawfully begotten In them and in case of his dying under the age of Trust to pay the same twenty one years leaving no such Child or to such Child or Children In Trust to pay One hundred pounds Children part of the said three hundred pounds to my said Grandson Robert Tito Durell if he shall be then living and if not to his Child or Children if more than one equally amongst them and in case he shall not then be living and shall not have left any Child or Children then the said One hundred pounds shall lapse and fall into the Residue of my Estate hereinafter bequeathed and the Sum of Two hundred pounds the remaining part of the said three hundred pounds shall also lapse and fall into the Residue of my Estate herein after bequeathed from and immediately after the death of my said Grandson Tito Durell under the age of twenty one one years and without leaving any such Child or Children as aforesaid and as to all the Rest Residue and Remainder of my Estate and Effects which I shall die possessed of or entitled unto and not herein before otherwise disposed of I Give and bequeath the same in manner following (that is to say) as to the Interest or Income which shall from time to time arise from one Moiety or half part of such Residue unto my Duaghter Susannah Hodges and her Husband Robert Hodges for and during their joint natural lives and to the Survivor of them for and during her or his natural life and from and after the decease of such Survivor I give and bequeath the said Moiety or half part of such Residue unto all and every the the Child and Children of my said Daughter Susannah begotten or to be begotten if more than one equally amongst them share and share alike and in case of the death of any of such children during the life time of either of them my said Daughter Susannah and the said Robert Hodges leaving Issue It is my will that such Issue shall take the Share or Shares which such child or children would have taken if living of and in such Residue and in case there shall be no such child or children of my said Daughter Susannah or any Issue of such Child or Children living at her death I Give and bequeath such Moiety of half part of and in such Residue from and after the death of the said Robert Hodges unto such person or persons as my said Daughter Susannah shall by any Deed or Will to be legally executed as aforesaid direct or appoint give or dispose of the same notwithstanding her present or any future coverture and for want thereof unto the Executors or admors of the said Robert Hodges and as to the Interest or Income which shall from time to time arise from the other Moiety or half part of such Residue I Give and bequeath the same unto my Daughter Elizabeth Major and her Husband William Major for and during their joint natural lives and to the Survivor of them for and during her or his natural life and from and after the decease of such Survivor I Give and bequeath the said last mentioned Moiety or half part of such Residue unto all and every the child and children of my said Daughter Elizabeth begotten or to be begotten if more than one equally amongst them share and share alike and in case of the death of any of them during the life time of either of them my said Daughter Elizabeth Major and the said William Major leaving Issue It is my Will that such Issue shall take the Share or Shares which such Child or Children would have taken if living of and in such residue and in case there shall be no Child or Children of my said Daughter Elizabeth or any Issue of such Child or Children living at her death I Give and bequeath such Moiety or half part of and in such Residue from and after the death of the said William Major unto such person or persons as my said Daughter Elizabeth shall by any Deed or Will to be legally executed as aforesaid direct or appoint give or dispose of the same notwithstanding her present or any future coverture and for want hereof I give and bequeath the same unto the Executors or admors of the said William Major and I do hereby nomiante and appoint my said wife the said James Bayly Robert Hodges and William Major Executrix and Executors of this my last will and Testament and I do hereby authorize and empower them and each of them to reimburse and repay themselves out of my Estate all such Costs Damages and Losses which shall fall or happen to them either or any of them or which they either or any of them shall or may sustain or be put unto on account thereof or of the Trust hereby in them reposed and I do hereby declare that my Executrix and Executors or any of them shall not be answerable or accountable for any Losses or Damages without his her or their wilful default and that none of them shall be responsible for the Neglect Defaults acts or Deeds of the others or other of them but each of them for her or his own Neglect Default Act and Deed only notwithstanding their joining in any receipt for Conformity sake and I do hereby revoke all and every former and other wills by me at any time heretofore made and hereby declare this alone to be my last will and Testament In witness whereof I the said Tito Durell the Testator have to this my will consisting of Five Sheets of paper set my hand and seal that is to say to the f???? preceding Sheets I have subscribed my name and to this last Sheet I have subscribed my name and affixed my Seal the twenty seventh day of January in the year of our Lord one thousand Eight hundred Tito Durell Signed Sealed published and declared by the said Tito Durell the Testator as and for and to be his last will and Testament 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 said Testator being at the same time of sound Mind Memory and understanding the words Estate in the first side and in the second Sheet and and in the fourth sheet being first written on Erazures the words and and to be in the first sheet any or Codicils and therein in the second sheet my Grandson in the third sheet and e???? of them in the fourth sheet being first interlined an erazure in the last line of the second sheet and their Executors and administrators in the third sheet being first obliterated Thos Parr Josh Ash John Henning Junr This is a Codicil to be added to and taken as part of the last will and Testament of me Tito Durell late of the Town and County of Poole Shipbuilder but now of Longfleet in the County of Dorset bearing date the twenty seventh day of January one thousand Eight hundred whereas by my said will I have given unto my Friend James Bayly and my Sons in Law Robert Hodges and William Major the Sum of Four hundred and fifty pounds Upon Trust to pay the same and the Interest thereof in manner therein mentioned Now I do hereby Give and bequeath unto them the said James Bayly Robert Hodges and William Major the sum of three hundred pounds in lieu and stead of the Sum of Four hundred and fifty pounds upon the like Trusts and for the like persons ends intents and purposes as in my said will is mentioned with respect to the said Sum of Four hundred and fifty pounds both as to the principal and Interest ?are as hereinafter mentioned (that is to say) that the share of my Grandson Tito Durell ^ shall ^ mentioned in my said will be only two hundred pounds instead of three hundred pounds and that the share of my Grandson Robert Tito Durell shall be only one hundred pounds instead of one hundred and fifty pounds and that the Interest of the said Sums of two hundred pounds and one hundred pounds shall be applied for their Maintenance respectively or suffered to accumulate at the discretion of my said Trustees as in my said Will is mentioned with respect to the Interest of the said theree hundred pounds and One hundred and fifty pounds and also that in case of the death of my said Grand Son Tito Durell under the age of twenty one years and without Issue then living the whole of the said Sum of Two hundred pounds shall lapse and fall into my Residurary Estate bequeathed by my said Will and no part thereof shall go to my said Grandson Robert Tito Durell also mentioned in my said will or to his Child or Children or their Issue and whereas my said Grandson Tito Durell will after the death of my said Wife in case of the death of my said Grandson Robert Tito Durell under the age of twenty one years and without leaving any Child or Children or Issue of any Child or Children be entitled under a Devise contained in my said Will which I do hereby confirm and otherwise to a Moiety of a Freehold House and premises purchased by Benjamin Frith from Elizabeth Wills and to the Leasehold premises purchases by Joseph Fryer and now occupied by the widow Cartridge Now I do hereby in case my said Grandson Tito Durell shall become seized of and entitled to those premises direct that the share of him my said Grandson Tito Durell of and in the said Sum of Three hundred pounds shall be one hundred pounds and no more and that the residue of the said Sum of Three hundred pounds shall in that Case lapse and fall back into my Residuary Estate herein after bequeathed and I Give and devise the House and premises in which I now live being Leasehold held under the Devises of Sir John Webb unto the like persons and for the like uses and purposes as I have devised my Lands generally in and by my said will the said Leasehold House and premises having been purchased by me since the making of my said will and I do confirm my said Will in all other respects In witness whereof I have hereunto set my hand and seal this Sixteenth day of July in the year of our Lord One thousand eight hundred and three Tito Durell Signed Sealed published and declared by the said Tito Durell the Testator as and for a Codicil to his last will and Testament 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 said Testator being at the same time of sound Mind Memory and understanding George W Johnston Chrisr Spurrier Junr Thos Parr This Will was proved at London with a Codicil the second day of August 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 Oaths of Susannah Durell widow the Relict of the deceased james Bayly Robert Hodges and William Major the Executors 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
Last Modified: Friday, 02-Aug-2013 12:43:18 NDT