Ancestors of Mandy Willard

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The Will of

Charles ROFE (?-1849)

 

Many thanks to Ros Dunning for the following transcript:

 

This is the last Will and Testament of me Charles Rofe late of Newbury in the County of Berks Innholder now of High Wickham within the Borough of Hastings in the County of Sussex I appoint ffrederick Winser of Hastings aforesaid Grocer and George Philips of the same place Bricklayer to be Executors and Trustees of this my Will I give and devise all that my freehold messuage or tenement Blacksmiths shop yard and appurtenances thereto belonging situate at Cranbrook in the County of Kent and now in the occupation of William Potter and all other my real estate if any whatsoever and wheresoever except estates vested in or upon any trust or by way of mortgage unto the said ffrederick Winser and George Phillips and their heirs upon trust as soon as conveniently may be after my decease to sell and dispose of the same either by public auction or private contract to any person or persons who may be willing to become the purchaser or purchasers thereof and to stand possessed of and interested in the money to arise in or after payment of all costs charges and expences attending the sale thereof and the rents and profits thereof in the meantime upon trust to divide the same into four equal parts or shares and to pay one fourth part and to pay one fourth part or share thereof unto my brother John Rofe One other fourth part or share thereof unto my sister Ann the Wife of Thomas Day One other fourth part or share thereof unto my sister Martha the wife of Thomas Bartholomew and the fourth part or share thereof unto the children of my late brother James Rofe such children to take in equal shares and the share of my sister Martha to be received and disposed of by her as her separate property without the control and interference of her present or any future husband and her receipt to be notwithstanding coverture an effectual discharge for the same And I declare that the receipts of my said trustees for the monies arising from such sale as aforesaid shall effectually discharge the persons paying the same from all liability to see to the application thereof I bequeath unto my wife Sarah Rofe the legacy or sum of fifty pounds for her own absolute use and disposal and subject as aforesaid I bequeath unto my said Trustees All my monies securities for money Personal Estate and Effects whatsoever upon trust to permit my wife Sarah Rofe to have the free use during her natural life of .thereof as shall consist of plate linen china glass and household furniture she signing an inventory thereof to be kept by my said trustees and upon further trust to permit my said wife during her natural life to receive the interest dividends and annual produce of the residue thereof for her own use and benefit and from and after her decease upon trust to convert into money so much thereof as shall not consist of money  and the monies arising from such conversion upon the trusts following that is to say one equal fourth part or share thereof upon trust for my said brother John Rofe one other equal  fourth part or share thereof upon trust for my said sister Ann the Wife of the said Thomas Day as to one other equal  fourth part or share thereof upon trust for my said sister Martha the wife of the said Thomas Bartholomew  And as to the other equal  fourth part or share thereof upon trust for the children of my said late brother James Rofe such children to take among themselves equally and the share of my sister Martha to be received and disposed of by her as her separate property without the control and interference of her present or any future husband and her receipt to be notwithstanding coverture an effectual discharge for the same And I hereby declare that in the event of the decease of my brother John Rofe in my lifetime the monies directed to be paid to him under this my will shall be held by my said trustees upon trust for the benefit of such of the children of the said John Rofe as shall be living at my decease as shall be living at the age of twenty one years in equal shares And further that in the event of the decease of my sister Ann in my lifetime the monies directed to be paid to her under this my will shall be held by my said trustees upon trust for the benefit of such of the children of the said Ann Day be living at my decease as shall be living at the age of twenty one years in equal shares And I hereby direct my executors for the purpose of payment of the aforesaid legacy of fifty pounds and  of my debts funeral and testamentary expences to sell so much as shall be necessary of any stock I may possess in ..annuities at the time of my decease and subject as aforesaid I hereby expressly declare that my executors shall not convert such annuities during the lifetime of my wife it being my intention that she shall receive the full annual produce thereof in their unconverted state I devise all trust and mortgage estate if any vested in me at the time of my decease unto my said trustees subject to the trusts and equities respectively affecting the same I empower my said trustees to give effectual receipts and discharges for all monies and effects to be paid or delivered to them by virtue of my will and declare that such receipts shall exonerate the persons taking the same from all liability to see to the application or disposition of the monies or effects therein mentioned to be received and I declare that my said trustees shall be answerable for their own respective acts receipts and defaults only and shall be at liberty to retain and allow to each other out of monies coming to their hands by virtue of my will all reasonable expences incurred in executing the trusts thereof and I declare that the death refusal or incapacity of the said trustees or either of them or of any trustees or trustee to be appointed under this clause it shall be lawful for the capable trustees or trustee if any for the time being to approve a fit person or persons to supply the place of the deceased refusing or incapacitated trustees or trustee and on every such appointment the necessary transfer shall be made for vesting my trust estate in the new and old trustees solely as the case may be And I declare that all the previous clauses of my will so far as they concern my trustees hereinbefore named shall extend and be applied to the trustees and trustee for the time being of my will In witness whereof I the said Charles Rofe the testator have to this my last will and testament contained in three sheets of paper set my hand this twenty first day of November in the year one thousand eight hundred and forty five    Charles Rofe

 

Wm B Young Solicitor Hastings

Frank Selby Gill his clerk

 

Proved 9 February 1849

PCC

Prob11/2088