Will of David Oldfield

of Folkestone, Kent

I direct all my just debts to be paid and satisfied immediately after my decease And after payment thereof I do give and devise unto and to the use of John Hollis (Officer in His Majestys Excise) and Elizabeth his Wife (late Elizabeth Oldfield Spinster a daughter of my brother James Oldfield) and to the survivor of them and the heirs and assigns of such survivor for ever All that my messuage or tenement with the Appurtenances wherein I now dwell situate in Radnor Street in the said Town of Folkestone together with all my household furniture Plate linen china and other things therein (except monies, securities for money and my woollen wearing aparel)
And also I do give and bequeath unto the said John Hollis and Elizabeth his wife and the survivor of them a legacy or sum of seventy pounds of lawful money of Great Britain

Also I do give and devise unto and to the use of my nephew David Hart his heirs and assigns All that my messuage or tenement with the Appurtenances situate in a certain Street or Place called Froghole otherwise East Street in the said Town of Folkestone now in the occupation of ____ Beers

Also I give and bequeath unto Catharine Gammon widow the Daughter of my brother in law Adam Castle the sum of two hundred pounds of like money
Also I give and bequeath unto the children of Mary late the wife of John Pepper another daughter of the said Adam Castle the like sum of two hundred pounds of like money equally to be divided between them share and share alike and to their respective executors and administrators
Also I give and bequeath unto the Children of Susanna the wife of Thomas Pepper another daughter of the said Adam Castle the like sum of two hundred pounds of like money equally to be divided between them share and share alike and to their respective executors and administrators

And it is my will and desire and I direct my Executor and Executrix hereinafter named and the survivor of them to put and place out in their names and the name of the Survivor of them his or her executors and administrators the said last two mentioned sums of two hundred pounds and two hundred pounds either in the public Stocks or Funds or on real security And I direct them or the survivor of them to declare the trusts thereof the expence of which I direct to be paid out of the residue of my personal Estate
And the interest and dividends arising therefrom I desire to be paid to for and towards such Childrens maintenance or education during their respective minorities and that each of such children shall be entitled to their respective shares as and when they shall respectively attain the age of twenty one years

but in case either of the children of the said Mary Pepper shall happen to die under the said age of twenty one years without leaving lawful Issue of his her or their body or bodys then I give the part or share and parts or shares of such child or children so dying unto the survivors or survivor of them equally amongst them and to their respective executors and administrators
And in case of the death of either of the children of the said Susanna Pepper under the said (age) of twenty one years without Issue a aforesaid then I give the part or share and parts or shares of such child or children so dying unto the survivors or survivor of them equally amongst them and to their respective executors and administrators

Also I do give and bequeath unto my niece Mary Oldfield who did live with me a legacy or sum of thirty pounds which I direct to be deducted out of the fifth part of the residue of my estate hereinafter by me given to the said Mary Oldfield and her Sister Catharine Oldfield
Also I do give and bequeath unto Susanna Knocker the widow of William Knocker late of Folkestone aforesaid deceased the sum of ten pounds of like lawful money

And as to all the rest and residue of my Estate both real and personal I give devise and bequeath the same unto the said John Hollis and Elizabeth his Wife and to the survivor of them and the heirs executors and administrators of such survivor Upon trust to sell and dispose of the same as soon as may be after my decease either by public Auction or private contract as they or the survivor of them shall see fit for the best price they may be able to get or obtain for the same

And I do hereby declare that the receipt or receipts of my said trustees or the survivor of them shall be a good and sufficient discharge and discharges to the purchaser or purchasers of my Estate for so much money as they or either of them shall actually receive and that such purchaser or purchasers shall not be answerable or accountable for the application or nonapplication of such purchase money or any part thereof

I direct all the charges and expences whatsoever attending, proving this my Will, selling my Estate and for all Journies and advice relating to the proving and carrying the trusts of this my Will into execution shall be retained and paid to and by my Executor and Executrix hereinafter named and the survivor of them out of the residue of my Estate And in case there shall not be sufficient of my Personal Estate to pay the said several legacies hereinbefore by my given then I direct the same to be paid out of the residue of my real Estate

And after the payment thereof (and the conversion of all the residue of my real and personal estates into monies) except my wearing apparel which I direct my Executor and Executrix to divide amongst such of my residuary Legatees as they or the survivor of them shall see proper I do give and dispose thereof as follows (that is to say)

One fifth part thereof unto my brother Edward Oldfield his executors and administrators
and one other fifth part thereof unto my said nieces Catharine Oldfield and Mary Oldfield in equal parts and shares (subject to the said legacy of thirty pounds) and to their respective executors and adm[inistrat]ors
and if either of them my said nieces shall die before the same shall become payable without leaving lawful Issue then I give the part and share of her so dying unto the survivor of them her executors and administrators But it is my will that in case my said niece Mary shall die before she receives the said legacy of thirty pounds then I direct the same to be considered as part of and to go into the residue of my estate

One other fifth part thereof to Elizabeth the daughter of my late brother John Oldfield and to her executors and administrators
And one other fifth part thereof unto the children of my sister Mary the Wife of Edward Hart and now the Widow of James Moat (except the said David Hart my nephew) equally to be divided between them share and share alike and to their respective executors and administrators

and the remaining fifth part thereof I direct my Executor and Executrix and Trustees to put out in their names and in the name of the survivor of them his or her executors and administrators on real or government security And I direct them or the survivor of them to declare a trust thereof which expence I direct to be paid out of the residue of my personal Estate
And I direct the Interest Dividends and Profits to arise therefrom to be paid to my Sister Alice Watson by half yearly payments the first half yearly payment to commence and be paid on that day six months next after my decease
And from and after the decease of the said Alice Watson I give and bequeath the same fifth part or share unto and amongst all and every the Children of the said Alice Watson to be divided between them in equal parts and shares to their respective executors and administrators

And it is my will and desire that of any of the legatees who may be entitled to any part of the residue of my estate shall happen to be under the age of twenty one years when the same may become due and payable then and in that case I do hereby direct my Executor and Executrix and the survivor of them and the executors and administrators of such survivor to put and place out the share and shares of such person or persons who shall be so under the said age of twenty one years either on real or government security in their his or her names or name and that they do at such persons expence declare the trusts thereof and pay the interest dividends and profits thereof unto such person or persons respectively during their several and respective minorities

And I direct (if possible) that all the several legacies or monies hereby be me given shall be paid invested or put out as the circumstances may happen within twelve months next after my decease And I further direct that all interest dividends or profits arising or becoming due to my several legatees shall be paid and applied half yearly as I have before directed by my Executor and Executrix and the survivor of them and the executors and adm[inistrat]ors of such survivor
And the Interest or Dividends on the said three legacies of two hundred pounds each and the said legacies of seventy pounds, thirty pounds and ten pounds shall commence and be paid on that six months next after my decease until payment or vesting the same out of the residue of my estate

And I direct my Executor and Executrix and Trustees from time to time to retain and reimburse themselves all such costs charges and expences they may sustain pay or be put unto in the execution of the said trusts out of the respective Funds interests dividend or profits occasioning the same as they may become due and payable

And lastly I do hereby nominate constitute and appoint the said John Hollis and Elizabeth his Wife joint Executor and Executrix and Trustees of this my last will and Testament hereby revoking all former and other Wills by me at any time heretofore made I do declare this to be my last will and Testament

In Witness whereof I the said David Oldfield the testator have to this my said last will and Testament contained in four sheets of paper hereunto set and put my hand and seal, to wit, my hand to the three preceding sheets my hand and seal to this fourth and last sheet and my seal at the top where the said sheets are affixed together this twelfth day of February in the year of our Lord one thousand eight hundred and eleven
David Oldfield

Signed sealed published and declared by the said David Oldfield the testator as and for his last will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
Thos Farley Senr - Wm. Marsh - Wm. Janeway

This is a Codicil to the last Will and Testament of me David Oldfield of the Town of Folkestone in the County of Kent Gentleman

Whereas since making my said Will I have purchased two Copyhold Messuages or Tenements of the Assignees of Matthew William Sankey situate in the said Town of Folkestone one of which is now in the occupation of David Hart and is next to the Sea
Now I do give and devise the said Copyhold Messuage or Tenement above mentioned to be in the occupation of the said David Hart unto him the said David Hart and Sarah his wife and their assigns during their joint lives and the life of the survivor or longer liver of them and from and immediately after the decease of the survivor or longer liver of them I do give and devise the same messuage or tenement unto all and every the child or children of the said Sarah the Wife of the said David Hart male and Female and to their several and respective heirs and assigns for ever in equal parts and shares as tenants in common

And I do hereby ratify and confirm my said Will
In witness whereof I have to this my said Codicil which I desire may be considered as part of my said Will I have set and put my hand and seal the twenty third day of August in the year of our Lord one thousand eight hundred and twenty three
David Oldfield

Signed sealed published and declared by the said David Oldfield as and for a Codicil to his said last will and Testament in the presence of us and in the presence of each have subscribed our names as Witnesses hereto
Wm. Saunders, Mariner - Thos Wood, Hair Dresser - Charles Fagg

Proved at London with a Codicil 30th September 1826 before the Judge by the oath of John Hollis the surviving Executor to whom Adm[inistrati]on was granted being first sworn by Comon [Commission] duly to adm[iniste]r
Exd.

Notes:
David Oldfield, aged 79 was buried at SS Mary & Eanswith, Folkestone on 13th September 1826.
David Oldfield was christened at SS Mary & Eanswith on 20th September 1747, s. of David and Elisabeth Oldfield.

Transcribed by Mrs. Shelagh Mason 11th March 2021

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