Rolf Will 1784

Will of Nicholas Rolfe

of Folkestone, Kent


Source: Prerogative Court of Canterbury PROB 11/1115/195
Transcribed by Dianne Bowles, 18 September 2022.
I Nicholas Rolfe of the Uphill in the Parish of Folkstone in the County of Kent Gentleman being weak in body but of sound Mind and Memory do make this my last Will and Testament in manner and form following that is to say
First first I desire that I may be decently interred at the discretion of my Executor hereinafter named in the Upper part of the Chan[ce]l of the Parish Church of Hawkinge in the said County of Kent under the black Marble Stone which lays over my Uncle Hogben if it can be done without disturbing his remains or else to be laid as near the place as may be
and I will and direct that all my just debts Funeral Expences and the Charges of proving this my will and carrying the same into Execution be first paid and discharged and after Payment thereof I give and bequeath as follows that is to say

unto my Cousin John Thomas of Alkham and his present Wife the Sum of twenty five Guineas each
to my Cousin Richard Marsh of Alkham who now lives with Mr Smith that the Sum of ten Pounds
To John Huson of Folkstone the Son of Richard Huson of Fancy Street in Folkstone the Sum of five hundred Pounds
to Mary Mummery of Folkstone Sister in law to Richard Bunn the Sum of one hundred Guineas
To Miss Sarah Rigden the Daughter of George Rigden of Wingham Mr William Baker of Town Malling Attorney at Law and Mr William Reynolds of Folkstone Attorney at Law the Sum of twenty Guineas each
to John Cook of Huffham William Bean and Adam Castle both of the Parish of Folkstone John Nethursole of Elham and James Gravenor the Son of Mr James Gravenor Attorney at law at Dover the sum of ten Pounds each

to my Kinsman Thomas Browne of Canterbury Innholder and his present Wife the Sum of ten Guineas each
to James Tilbee of Terlingham the Sum of Eight Guineas
to my good friend Mr John Stiles of Winteredge and his Son Captain Thomas Stiles of Dover the Sum of five Guineas each for a Ring as a small token of my esteem
to Richard Day of Folkstone Thomas Sharpe of Evrenden and Christopher Shedwick Parish Clerk of Folkestone the Sum of five Guineas each
and to my Servants Sarah Thomas Ann Pilcher James Mummery and John Redding the sum of five Guineas each
All which said Legacies I will and direct shall be paid within twelve Calendar Months next after my decease

Also I give devise and bequeath unto my Sister Susan one Annuitie or clear Yearly Sum of thirty Pounds during the term of her natural life
and unto my brother Thomas one Annuity or clear Yearly Sum of the Pounds during the term of his natural life
and I direct that the said Annuities shall be paid and payable by four equal Quarterly Payments the first Payment to be made on that day three Months next after my decease with full Power of distresss in case of Non Payment
and I do hereby subject charge and make liable all my Estates both real and personal with the Payment of my said debts Legacies Funeral Expences and Annuities by this my Will respectively given or mentioned in the same

And whereas my Kinswoman Mrs Elizabeth Pilcher late of Dover Widow deceased has given devised and bequeathed her real and personal Estates to me and my Heirs Executors Administrators and Assigns for ever on Condition to apply the Rents and Profits thereof towards the Maintenance of her son John Eaton Pilcher during his natural life in such manner as in her Will is mentioned
and I am also by my Bond bound to pay him the Sum of forty Pounds yearly during his Natural life in consideration of his having conveyed to me certain Hereditaments and Premisses and for the purpose of fulfilling the Intention of the Will of the said Elizabeth Pilcher deceased as it is my wish so to do
I give devise and bequeath the same Estates both real and personal together with all other my real and personal Estates whatsoever and wheresoever and of what nature or kind the same may be after Payment of my debts Legacies and Annuities as aforesaid unto Thomas Hatton of the freight Farm near Dover and the said Adam Castle and their Heirs Upon this Special Trust and confidence
that they do pay the Rents Issues and Profits arising from and out of the said Estates late of the said Elizabeth Pilcher deceased together with the said Annuity of forty Pounds arising from and out of my said other Estate and Effects unto the said John Eaton Pilcher for and during the term of his natural life
and the Surplus of the Rents Issues and Profits arising from my Estate and Effects I order and direct to be paid to John Wilkinson of Woodford in the County of Essex Surgeon during the term of the natural life of the said John Eaton Pilcher

and from and immediately after his decease I give devise and bequeath the whole of the Rents Issues and Profits of all my Estates both real and Personal unto the said John Wilkinson for and during the term of his Natural life subject to the Debts Legacies and Annuities as aforesaid
and from and immediately after his decease then I give devise and bequeath the same Rent Issues and Profits subject as aforesaid unto and amongst the Issue of his body lawfully begotten and to their heirs forever equally to be divided between them as Tenants in common
and in default of such Issue then I give devise and bequeath all and every my said Estates both real and personal subject to my Debts Legacies and Annuities as aforesaid unto my cousin the said Richard Marsh of Alkham his heirs and assigns for ever

And I do hereby nominate constitute and appoint the said Thomas Hatton and Adam Castle Executors and Trustees for carrying the several Trusts of this my Will into Execution And I do give and bequeath unto each of them for their care and trouble therein the further Sum of twenty five Guineas hereby revoking and making void all former and other Wills by me at any time heretofore made and do declare this only to be my last Will and Testament

In Witness whereof I the said Nicholas Rolfe the Testator have to this my last Will and Testament contained in four Sheets of Paper set my hand and seal that is to say my hand and Seal to this last Sheet and my hand to the three preceding Sheets and my seal at the Top where the said Sheets are affixed together this twelfth day of January in the Year of our Lord one Thousand seven hundred and eighty four
Nichs Rolfe (LS)

Signed Sealed Published and declared by the said Nicholas Rolfe the Testator as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have subscribed our Names as Witnesses hereto
John Tims John Andrews, The Mark of X Thomas Hogben

I Nicholas Rolfe of the Uphill Folkstone do order and direct the following Legacies to be paid by my Executors And to be taken as part of my Will
I give to my Sister Susan my Silver stand to Richard Pay the further Sum of five Guineas and to Sarah Thomas the further Sum of four Guineas and to my brother Thomas ten Pounds for Mourning dated this twenty first day of January 1784 Nichs Rolfe

This is a Codicil to be annexed to and taken as part of the last Will and Testament of me Nicholas Rolfe of the Uphill in the Parish of Folkstone in the County of Kent Gentleman bearing date the twelfth day of January One thousand seven hundred and eighty four

whereas I have by my said will given devised and bequeathed unto my Sister Susan an Annuity of thirty Pounds during the term of her natural life Now I do hereby give devise and bequeath unto my said Sister Susan the further Annuity or clear Yearly Sum of ten Pounds during the term of her natural life making in the whole an Annuity or clear Yearly Sum of forty Pounds which I order and direct to be Paid and I do hereby charge my Estates with the Payment thereof in the same Manner as the said Annuity of thirty Pounds is by my said Will directed with the like Power of distress in case of Non Payment

I give and bequeath unto my Neighbour James Tilbee in my said will mentioned the further Sum of twelve Guineas
also I give and bequeath unto Elizabeth Marsh the Mother of Richard Marsh in my said Will mentioned and hereinafter named the Sum of ten Pounds
which said two last mentioned Legacies of twelve Guineas and ten Pounds I direct to be paid at the time appointed for Payment of my other Legacies

And Whereas I have in and by my said Will ordered and directed the surplus arising from the Rents and Profits of my Estate and Effects after paying the several Annuities and Legacies therein mentioned during the natural life of John Eaton Pilcher therein mentioned to John Wilkinson of Woodford in the County of Essex Surgeon and after the decease of the said John Eaton Pilcher I have given devised and bequeathed the whole of the Rents Issues and Profits of all my Estates both real and personal unto the said John Wilkinson for and during the term of his natural life and after his decease then I gave devised and bequeathed the same unto and amongst the Issue of his body lawfully begotten and to their Heirs for ever as therein is mentioned

Now I do hereby revoke and annull the said Gift Devise and bequest to the said John Wilkinson either for the term of his Natural life or the Issue of his body if any and instead thereof I give devise and bequeath all the rest residue and remainder of my Estates both real and personal whatsoever and wheresoever and of what nature or kind the same may be immediately from and after my decease subject to the several and respective Annuities of Forty Pounds to my Sister Susan Ten Pounds to my brother Thomas and forty Pounds to the said John Eaton Pilcher and also the Legacies in and by my said Will and this my Codicil given and bequeathed
unto my Cousin the said Richard Marsh of Alkham and to his heirs and assigns for ever

And I do hereby ratify and confirm my said will and Testament in all other respects whatsoever
In witness whereof I have to this my Writing contained in this and the preceeding Sheet of Paper which I declare to be a Codicil to my said last Will and Testament and which is to be accepted and taken as part thereof set my hand and Seal to wit my hand to the bottom of the said preceeding Sheet and my hand and Seal to this last Sheet and my seal at the top where the said Sheets are fixed together this nineteenth day of January one Thousand seven hundred and eight four
Nichs Rolfe (LS) The Writing contained in this and the preceeding Sheet of Paper was signed and sealed by the abovenamed Nicholas Rolfe and by him Published and declared as and for a Codicil to his last Will and testament in the presence of us who have hereunto subscribed our Names as Witnesses thereto at his request in his presence and in the presence of each other
John Andrews, Richard Moon, The Mark of Elizabeth Church.

This Will was proved at Lond[on] with two Codicils on the thirty first day of March in the Year of our Lord one Thousand seven hundred and eighty four before the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oathes of Thomas Hatton and Adam Castle the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattells and Credits of the said deceased they having been first sworn by Commission duly to administer.

The twenty seventh Day of March 1784
Appeared Personally William Reynolds of Folkstone in the County of Kent Gentleman and James Bateman of the same Place Innholder and being sworn on the holy Evangelists to depose the truth made Oath as follows that they severally knew and were acquainted with Nicholas Rolfe late of the Parish of Folkstone in the County of Kent deceased for several years preceding and to the time of his death and also with his manner and character of Handwriting and Subscription having frequently seen him write and subscribe his Name and having now with care and attention viewed and perused the Names “Nichs Rolfe” set and subscribed to the Paper Writing hereunto annexed purporting to be and contain a Codicil to the last Will and Testament of the said deceased and beginning thus “I Nicholas Rolfe of the Uphill Folkstone do order and direct “the following Legacies to be paid by my Executors” ending thus “Dated this twenty first day of January 1784" and thus subscribed “Nichs Rolfe" they the Appearers do say that they verily and in their consciences believe the said Names “Nichs Rolfe” so set and subscribed to the said Codicil to be of the proper handwriting and subscription of the said Nicholas Rolfe deceased
Wm Reynolds James Bateman
The same Day the said William Reynolds and James Bateman were duly sworn to the truth of this Affidavit before me John Tims Commissioner .

Notes:
Nicholas who was baptised 11 July 1725, Hawkinge. He was the son Mr William Rolph (bur. 30 Jul 1740, Hawkinge) and Katharine Hobday (bap. 23 February 1696, Capel Le Ferne, daughter of Richard) and the parish record notes that his mother was "one of the heiresss of the estate of the Hobdays."
His brother Thomas was baptised 15 March 1719, Hawkinge and buried there 3 January 1795.
His sister, Susanna, was baptised 26 July 1723, Hawkinge.
Nicholas was buried 1 February 1784, Hawkinge.


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Will of Nicholas Rolfe
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