[This one was tough going!]
Will of George Rochfort, Esquire
[husband of Elizabeth
Tinling]
This is the Last Will and Testament of me George Rochfort Esquire of
Woolwich in the County of Kent a Lieutenant General of His Majesty’s
fforces I direct that all my just debts
my ffuneral expenses and the costs and charges of proving and executing the
trusts of this my will be fully paid and satisfied I give and bequeath unto my dear wife Elizabeth Rochfort
absolutely for her own use and benefit all my Household Goods furniture pictures
prints Books plate Linen China Wines and other liquors Stores and articles of
Housekeeping whatsoever and also all and every sum and sums of money that may
be due and owing unto me arrears of my Civil and Military pay arrears of Rent
and of any annuities payable unto me and also the floating Cash which may
happen to be in my bankers or agents hands except such sums as may be there
lodged in Exchequer bills bonds bills Notes or other Securities I give devise and bequeath all my Estate at
Belfield in the County of Westmeath in that part of the United Kingdom called
Ireland unto my Grandson George Hyde Clark Esquire Charles Tinling a Captain in
His Majestys Navy and Isaac Tinling Colonel in the 1st Regt of ffot Guards
their heirs and assigns to upon and for the several uses trusts interests and
purposes following that is to say upon trust to pay the Rents issues and
profits thereof unto or empower permit and suffer my said Wife Elizabeth
Rochfort and her assigns to have receive and take all the Rents issues profits
and proceeds of my said Estate at Belfield for her and their own use and
benefit during the term of her natural life and from and after the decease of
my said Wife in trust by and out of the Rents issues and profits of my said
Real Estate to pay unto my daughter Mrs. Elizabeth Clarke Wife of George Clarke
of Chesterton Lodge in the County of Oxford Esquire during her life one annuity
or yearly sum of five hundred pounds of lawful british money free from all
Taxes and deductions whatsoever the said annuity to be paid and payable
quarterly by actual portions and the first quarterly payment thereof to begin
and be made at the expiration of that Calendar months to be computed from the
day of the death of my said Wife and I expressly declare that the said annuity
of five hundred pounds shall be paid to my said daughter for her own sole
separate and exclusive use and benefit free from the costs routine or
engagements of her present or any future Husband or Husbands but without any
power to alien or change the same and to that end I do hereby will and direct
that the Receipts in writing of my said daughter alone notwithstanding her
present or any future fortune [?] and during the existence thereof shall alone
be from time to time good and sufficient discharges for the said annuity to my
said trustees and the Survivor and Survivors of than [?] his heirs Executors
and administrators and from and after the decease of my said Wife my Will is
that the said George Hyde Clarke Charles Tinling and Isaac Tinling their heirs
and assigns shall subject to said annuity payable to my said daughter for life
as aforesaid and in the meantime subject thereto stand and be seized of and
interested in all that my said Estate at Belfield aforesaid to the now
following that is to say to the use of my Grandson George Rochfort Clarke third
Son of my said daughter Elizabeth Clarke for and during the term of his natural
life and from and after the determination of that Estate by forfeiture or
otherwise in his lifetime to the use of than the said George Hyde Clarke
Charles Tinling and Isaac Tinling and their heirs during the life of my said
Grandson In trust by all usual and
careful means to preserve the countingout [unreadable] and Estates hereinafter
limited but to present my said Grandson to receive and take the Rent and
profits of the said Premises derived his the body of him my said Grandson
George Rochfort Clarke lawfully issuing and the heirs male of the body of such
first Son issuing and in default of such issue to the issue of the second third
and every other Son of the body I my said Grandson successively and in
remainder the one after the other as they shall be in seniority of age and
priority of birth and the several and respective heirs male of the body and
bodies of every such second third and other Son and Sons the elder of such Sons
and the heirs male of his body being always preferred and to take before the
younger Son and the heirs male of his body and in case of default of such
issueto the use of my Grandson Edward Clarke Second Son of my daughter
Elizabeth Clarke for and during the term of his natural life and from and after
the determination of that Estate by forfeiture or other [unreadable] in his
life time to the use of the said George Hyde Clarke Charles Tinling and Isaac
Tinling their heirs and assigns during the life of the said Edward Clarke In
trust by all usual and lawful means to preserve the contingent uses and Estates
hereinafter limited but to permit the said Edward Clarke to receive the Rents
and profits of the said premises during his life and from and after his decease
to the use of the first Son of him the said Edward Clarke lawfully issuing and
the heirs male of the body of such first Son lawfully issuing and in default of
such issue to the second third and every other Son of the said Edward Clarke
successively and in remainder one after the other as they shall be in seniority
of age and priority of birth and the several and respective heirs male of the
body and bodies of every such second third and other Son and Sons every elder
of such Sons and the heirs male of his Body being always preferred and to take
before any of the younger Sons and the heirs Male of his body and in default of
such issue to the use of my Grandson George Hyde Clarke eldest Son of my said
daughter Elizabeth Clarke for any during the term of his natural life and from
and after the determination of that Estate by forfeiture or otherwise in his
life time to the use of the said George Hyde Clarke Charles Tinling and Isaac
Tinling and their heirs during his life In trust by all usual and careful ways
and means to preserve the contingent uses and Estates hereinafter limited but
to permit the said George Hyde Clarke and his assigns to receive the Rents and
profits of the said premises during his life and from and after his decease to
the use of the first Son of the body of the said George Hyde Clarke lawfully
issuing and in default of such issue to the second third and every other Son of
the said George Hyde Clarke successively and in remainder the one after the
other as they shall be in seniority of age and priority of birth and the
several and respective heirs male of the body and bodies of any such second
third and other Son and Sons every eldest of their Sons and the heirs male of
his body being always prefered and to take before any of the younger Sons and
the heirs male of his body and in default of such issue to the use of my own
right heirs for ever provided always and I do hereby direct that if any person
for the time being entitled under the limitations aforesaid to the actual
possesion or the Receipt of the Rents issued and profits of my said Estate of
Belfield aforesaid shall be under the age of twenty one years the said George
Hyde Clarke Charles Tinling and Isaac Tinling and the Survivors and Survivor of
them and the heirs Executors and administrators of such Survivor shall so long
as the person entitled as aforesaid shall be under the age of twenty one years
receive and take the Rents issues and profits of the same Estate and pay and apply
the same or a competent part thereof for or towards the maintenance and
education and advancement in life and so and shall accumulate and improve the
Residue if any of such Rents and profits for his benefit by investing the same
from time to time at Interest in the public ffunds or on real [?] Security
provided always that it shall and may be lawful for every person who by virtue
of this my Will shall be Tenant for life either at Law or in actuity [?] of my
said Belfield Estate under this my Will and for the said George Hyde Clark
Charles Tinling and Isaac Tinling and the Survivors and Survivor of them and
the Executors and administrators of such Survivor during the minority of any
person who shall be tenant in tail [?] male in possession of my Belfield Estate
under this my Will by any deed or Instrument in writing to be sealed and
delivered by them respectively in the presence of and attested by two or more
review witnesses to devise and loan the same Estates and premises or any part
or parts of the same to any person for any term of years not [unreadable] and
years in possession of his heirs in being at the best yearly Rent that can be
reasonably gotten for the same without [__king] any fine [?] thereon for writey
[?] for nonpayment of the Rent thereby to be reserved and [?] at the [??] a
counterpart of the same and thereby covenant for payment of the said Rent with
a Clause of [?] in default thereof and whereas I am entitled to divers
annuities held from different persons all or most of which are undermade [?] by
the [?] and the lives [?] which such annuities are held or the greater part of
them are [?] now I do hereby give devise and bequeath the said several
annuities and the deeds and Securities by which the same [?] and all policies
[?] of Insurance granted [?] in trust for me and all exchequer and other Bills
bonds Notes or other Securities for money and in general all other the rest
residue and remainder of my Real and personal Estate of whatever nature find or
[?] soever whether in Great Britain Ireland or elsewhere which I shall die
seized possessed of or entitled to in my own right subject to the payment of my
debts ffuneral expenses and the costs and charges of proving and executing the
trusts of this my will unto the said George Hyde Clarke Charles Tinling and
Isaac Tinling their heirs Executors admons and assigns according to the nature
and [?] thereof respectively to forward [?] upon the several uses trusts
interests and purposes and subject to the previsions hereinafter expressed and
[?] of and reviewing the same that is to say upon trust with all convenient
speed to call in sell and convert the same [?] my said life annuities and
policies of Insurane into money or personal Estate and subject as aforesaid
play out and invest the money to be [?] by those means in the monies of my said
trustees or the Survivor of them for the time being in some or one of the
parliamentary or public Socks or ffunds of Great Britain or at Interest upon
Real Security of life annuities whether existing at the time of my decease or
shall be subsequently granted shall after my decease be redeemed or paid off or
in case of the death of any such persons whose lives shall be so insured by any
such policy then and in every or any such care for them my said trustees to lay
out and invest the monies which shall be received by the redemption of any such
annuities or to be received and viewed [?] by or from any such policy of
Insurance in their monies in life manner in such or one of the Parliamentary
Stocks or ffunds of Great Britain or at Interest upon Real Security as
aforesaid or at the discretion of my said trustees during the [?] of their
trust in the purchase of other life annuities to be in life [?] insurance and
[?] securities and annuities to be from time to time varied and altered at the
discretion of my said trustees and to stand and be possessed of all such
annuities Stocks ffunds and Securities upon trust after parting the annual and
other premiums to become payable on any existing or received policy or policies
of Insurance to pay unto or permit and suffer or fully [?] and empower my said
Wife and her assigns from time to time to have receive and take all the residue
and remainder of the Interest dividends growing payments issues profits and
proceeds of all such annuities Socks ffunds and Securities and of every of them
respectively as and when the sum shall become due and payable to and for her
and their own use and benefit for and during the term of her natural life and
from and after the decease of my said Wife I give and bequeath unto the said
George Hyde Clarke Charles Tinling and Isaac Tinling their Executors and admons
the sum of our thousand per hundred pounds upon the trusts and to and for the
interests and purposes hereinafter expressed and declared of and remaining the
same and as to all other the rest residue and remainder of my Real and personal
Estate together with such annuities monies Stocks ffunds and Securities in
which the same shall be then invested as are hereinbefore mentioned from and
after the decease of my said Wife I give devise and bequeath the same and every
part thereof unto my Grandson Edward Clarke and my two Granddaughters Catherine
and Elizabeth Clarke Son and daughters of the said Elizabeth Clarke their heirs
Executors administrators and assigns respectively according to the different
natures or legal qualities of the same as tenants [?] and not as joint tenants
share and share alike subject [?] and changed with the payment of one annuity
or [?] yearly sum of two hundred pounds unto and for my said daughter Elizabeth
Clarke for and during the term of her natural life to whom I give the same
annuity of two hundred pounds accordingly and I do hereby direct that a
sufficient ffund to answer the said annuity shall be set apart and invest in the
monies of my aforesaid trustees of my Estate at Belfield upon trust to pay the
said annuity and I do declare that the same shall be so and for the sole and
separate use and benefit of my said daughter free from and exclusive of the
debts [?] engagements and enter meddling of her present or any future Husband
but without any power to alien or charge the same and to that end I do hereby
will and direct that the Receipts in writing of my said daughter alone
notwithstanding her present or any future [?] and during the existence thereof
shall alone be from time to time good and sufficient discharges for the said
annuity to my said trustees and the Survivor and Survivors of them the
Executors and administrators provided always that if any or either of my last
mentioned Grandchildren the said Edward Clarke Catherine Clarke and Elizabeth
Clarke shall die before he she or they shall attain his her or their age of
twenty one years without leaving lawful issue then I do direct that the share
of [?] Grandson or Granddaughters so dying of and in my said Residuary Real and
personal Estate and premises shall grow attune and belong to the Survivor or
Survivors or other or others of the said Grandson and Granddaughters his her or
their heirs Executors Administrators and assigns respectively but defeasible as
thereinbefore directed provided and declared receiving his her or their
original share and in case my said Grandson Edward Clarke died my said
Granddaughters Catherine and Elizabeth Clarke shall all depart this life under
the age of twenty one years without leaving lawful issue then I give devise and
bequeath the Rents profits dividends Interest and annual produce of my said
Residuary Real and personal Estate unto my said Grandson George Rochfort Clarke
his heirs Executors administrators and assigns respectively according to the
different natures or legal qualities thereof for his and their absolute benefit
and my Will and desire is that all the Manors Messuages Lands Tenements and
Real Estate which at the time of my decease I shall be solely seized or
possessed of intitled to or interested in either In trust for any purposes or
by way of mortgage I give devise and bequeath unto the said George Hyde Clarke
Charles Tinling and Isaac Tinling their heirs Executors administrators and and
[sic] assigns respectively according to the legal quality or qualities of such
Estates respectively upon and for the trusts interests and purposes and under
and subject to the provisoes and conditions respectively which shall be
subsisting in or [?] such several Estates at the time of my decease and as to
for and of [?] the said sum of one thousand five hundred pounds hereinbefore
given to the said George Hyde Clarke Charles Tinling and Isaac Tinling their
Executors and administrators after the decease of my said Wife as aforesaid it
is my Will and I do declare that they my said trustees and the Survivor of them
and the Executors or administrators of such Survivor shall stand possessed
thereof and interested therein upon trust to lay out in the same or in the
purchase of Stock or on Government or Real Securities at Interest and pay unto
or empower permit and suffer my Granddaughter Ellen Gore daughter of the late
Charles Orlando Gore of Canterbury Esquire to receive the Interest dividends
and annual produce of the Stocks ffunds and Securities in which the same shall
be invested for and during the term of her natural life as and if when the same
annuities Interest dividends and animal produce shall become due and payable to
and for her own sole and separate use and benefit free from and exclusive of
the debts [?] engagements [?] meddling of any husband whom she may happen to
marry and that her Receipts alone and without any such husband joining therein
shall be from time to time sufficient discharges for the same and from and
after the decease of my said Granddaughter the said Ellen Gore I do hereby give
and bequeath the said sum of one thousand five hundred pounds and the
Securities in which the same shall have been invested as aforesaid unto and
equally between my said Grandson Edward Clarke and my two Granddaughters the
said Catherine and Elizabeth Clarke their Executors Administrators and assigns
as tenants in Common and not as joint tenants share and share alike subject to
the same benefit of Survivorship and contingent limitations over as are
hereinbefore mentioned and [?] of and purtaining my Residuary Estate and my
Will and mind is that my said trustees shall not be answerable the one for the
other of them or for signing Receipts for the sake of conformity or for any
loss that may happen by means of depositing the trust monies in any Bankers
hands for safe custody or for any insufficient or defective Security or which
the same may happen to be placed save only such as shall happen by or through
their or his wilful default or neglect and then each person shall singly and
alone be answerable only for his own default or neglect and it shall be careful
for them to reimburse themselves all losses costs charges and expenses which
they or any of them may be put unto or sustain for or by reason of this my Will
or the trusts hereby reposed in them and lastly I do nominate constitute and
appoint my said Wife Elizabeth Rochfort sole Executrix of this my Will and
hereby [?] all former Wills by me at any time heretofore made I do declare this
to be my last Will and Testament In Witness whereof I have to this my last Will
and Testament and to a duplicate [?] of each contained in nine sheets of paper
at my hand and Seal that is to say my hand to the first eight sheets thereof
and my hand and Seal to this ninth and last sheet this twenty eighth day of
August in the year of our Lord one thousand eight hundred and sixteen 4 Geo.
Rochfort {LS} Signed Sealed published and declared by the said George Rochfort
the Testator as and for this last Will and Testament in the presence of us who
in his presence at his request and in the presence of each other have
subscribed our names as Witnesses thereto J. Henderson John Gould Snr. Woolwich
John Gould Junr.
Proved at London 13th March 1821 before the Worshipful John Danbery Jr
of [?] Senr by the oath of Elizabeth Rochfort W[?] the Relict the sole Extrix
to whom admon was granted havg been first sworn duly to admr