Will of Charles Rolfe

of New Romney, Kent

I do give & bequeath unto my Son Charles Rolfe his Exors Admors & Assigns to & for his own use & Benefit All & every my Term of Years Estate & Interest whatsoever of & in a certain Lease of several Pieces or Parcels of Marsh Land lying in Saint Marys & Newchurch in the said County of Kent late granted to me & my said Son or one of us by David Godfrey Esquire

Also I do give & bequeath unto Ann Clark of New Romney aforesaid Widow with whom I now reside for her great Care & Attention to me the Sum of Twenty Pounds of lawful Money of Great Britain to be Paid unto her by my Exors hereinafter named within three Calendar Months next after my decease

Also I do give & bequeath unto my said Son Charles Rolfe & my esteemed Friends William Scudamore of Wye in the said County Gentleman & William Scudamore his Son & the Survivor of them his Exors and Admors All & every my ready Monies & Securities for Money & all & every my Stock Sheep Cattle Goods Chattels & Personal Estate whatsoever not herein before disposed of Upon the several Trusts & to & for the Ends Intents & Purposes hereinafter mentioned (that is to say)

Upon Trust that they the said Charles Rolfe William Scudamore the Elder & William Scudamore the Younger or the Survivors or Survivor of them his or their Exors or Admors shall & do as soon as conveniently may may be after my decease collect get in & receive sell & dispose of my said last mentioned Estate & Effects & after payment thereout of my debts the said Legacy & my Funeral Expences Upon this further Trust that they my said Trustees or the Survivors or Survivor of them his or their Exors or Admors shall & to pay & apply
one full equal fourth Part or Share of the residue of my said Personal Estate unto or to & for the use & benefit of my said Son Charles Rolfe his Exors Admors & Assigns
And also shall & do pay & apply one other full equal fourth Part or Share of such residue unto & amongst all & every the Child & Children of my deceased daughter Elizabeth late the wife of the said William Scudamore the Elder in equal Parts Shares and Proportions Share & Share alike
And also shall & do lay out & invest one other full equal fourth Part or Share of such residue in their Names or in the Name for Name of the Survivors or Survivor of them in the Public Stocks or Funds or on real Security at Interest & shall & do pay & apply the dividends Interests or Proceeds to arise therefrom unto or for the separate use & benefit of my daughter Hester the Wife of Nathaniel Colyer for & during the Term of her natural life & from & immediately after her decease to Pay assign & transfer the said fourth Part or Share unto & amongst all & every the Child & Children of my said Daughter (if more than one) that may be then living equally to be divided between them share & share alike & to their Exors Admors & Assigns
And it is my Will that the same or any Part thereof shall not be subject or liable to the Controul Intermeddling Debts or Engagements of the said Nathaniel Colyer her Husband but that the receipt & receipts of my said Daughter alone & without her said Husband shall from time to time be good & sufficient Discharge & Discharges of & for the same dividends Interest & proceeds & every part thereof
And also Upon their further Trust that they my said Trustees or the Survivors or Survivor of them his or their Exors or Admors shall & do lay out & invest in their names of the names of the Survors & Survor of them his Exors or Admors the other or remaining full equal fourth part or Share of such residue of my said Estate in the Public Stocks or Funds or on real Security at Interest & shall & to pay & apply the Dividends Interest or Proceeds to arise therefrom unto or to & for the separate use & Benefit of my Daughter Mary the Wife of the Revd Thomas Morphett for & during the Term of her natural life and from & immediately after her decease to pay assign & transfer the said last mentioned fourth part or share unto & amongst all & every the Child & Children of my said Daughter Mary (if more than one) that may be then living equally to be divided between them share & share alike & to their Exors Admors & Assigns
And it is my Will that the same or any Part thereof shall not be subject or liable to the Controule or Intermeddling Debts or Engagements of the said Thomas Morphett but that the Receipt & Receipts of my said Daughter Mary alone & without her Husband shall from time to time be a good & sufficient discharge & discharges of & for the said Interest Dividends & Proceeds & every Part thereof

But in Case my said Daughter Morphett shall happen to die without leaving any such Child or Children as aforesaid then I do give & bequeath the said fourth Part or Share of my said Estate so given to her my said Daughter Mary Morphett for life as aforesaid & unto my said Son Charles Rolfe my said Daughter Hester Colyer & the Children of the said William Scudamore the Elder by my said deceased Daughter in equal Shares (that is to say) one third Share thereof to the said Charles Rolfe one other third Share thereof to the said Hester Colyer & the other third share thereof to the said Children of the said William Scudamore

Provided nevertheless & it is my Mind & Will & I do direct & empower my said Trustees the Survivors & Survivor of them to advance & pay such Sum & Sums of Money out of the residue of my said personal Estate unto or to & for the use & benefit of my said Daughters Mary Morphett & Hester Colyer or either of them in such manner & Form & at such time & times as they my said Trustees or the Survivors or Survivor of them their or his Exors or Admors shall in their discretion shall think fit & proper so as such Sum & Sums shall not exceed the respective Shares of my said Personal Estate that they my said Daughters will be respectively entitled to at my decease

Provided also & it is my Will & Desire that any Sum or Sums of Money that I have already or shall advance in my lifetime to any or either of my said Children then I direct such Sum & Sums respectively to be considered & taken as part of his her or their Share or Shares of the Residue of my said Estate & shall be deducted thereof

Provided also & I do declare that my said Trustees or either of them shall not be answerable or accountable for any more of my Trust Monies Estate & Effects than shall be by them respectively actually received or come to their Hands by Virtue of this my Will nor the one of them for the other or others of them but each of them for his own Acts Receipts Neglects & Defaults only nor for the sufficiency or goodness of the Security or Securities whereupon the said Trust Monies shall be laid out or invested nor for any involuntary Loss that my happen thereby
And also (that it shall & may be lawful to & for my said trustees their Exors & Admors & each of them by & out of the said Trust Monies & Effects to deduct & reimburse themselves respectively all such reasonable Costs Charges Damages & Expenses whatsoever which they or either of them shall or may Pay lay out sustain or be Put unto in or relating to the management execution or Performance of the several & respective Trusts hereby in them reposed

And Lastly I the said Charles Rolfe the Testator do hereby make ordain constitute & appoint my said Son Charles Rolfe & the said William Scudamore the Elder & William Scudamore the Younger joint Executors of this my last Will & Testament

In Witness whereof I the said Charles Rolfe the Testator have to this my last Will & Testament contained in six Sheets of Paper set & Put my Hand & Seal (that is to say) my Hand to the five Preceding Sheets & my Hand & Seal to this last Sheet the third Day of July in the year of our Lord 1811 — Chas Rolfe (LS)

Signed sealed Published & declared by the said Charles Rolfe the Testator as & for his last Will & Testament in the Presence of us who in his presence at his request & in the presence of each other have subscribed our Names as Witnesses hereto —
Wm Ramsden — Edwd Tournay.

This is a Codicil to the last Will & Testament of me Charles Rolfe the Elder of the Town & Port of New Romney in the County of Kent Gentlemen Whereas in & by my last Will & Testament bearing even date herewith but being previously executed I have given & bequeathed unto my Son Charles Rolfe my Friends William Scudamore the Elder and William Scuadamore the Younger all my Personal Estate & Effects whatsoever (not hereinbefore disposed) Upon the several Trusts therein mentioned

Now I do hereby revoke & make void the said bequest so far as concerns my household Furniture And instead thereof I do give & bequeath all my said Household Furniture of what Description soever unto my Housekeeper Ann Clarke for & during the Term of her natural life
And after her Decease I give & bequeath the same unto my said Son & the said William Scudamore the Elder & William Scudamore the Younger Upon the same Trusts & for the same uses as are mentioned & declared in & by my said Will

And I do hereby desire this my Codicil to be secured & taken as Part of my said Will
In Witness whereof to this my Codicil contained in one Sheet of Paper I have set & Put my Hand & Seal this 3rd day of July 1811 — Chas Rolfe (LS) /—/ Signed sealed Published & declared by the said Charles Rolfe the Testator as & for a Codicil to his last Will & Testament in the Presence of us who his Presence & in the Presence of each other have subscribed our Names as Witnesses hereto — Wm Ramsden /—/ Edwd Tournay./

Proved at London with a Codicil 29th November 1811 before the Judge by the Oaths of Charles Rolfe the Son & William Scudamore the Elder & William Scudamore the Younger the Exors to whom Admon was granted having been first sworn by Com[missi]on duly to administer.

Notes:
Charles Rolfe was born 18 March 1730 and baptised 14 April 1731, St Mary in the March, the son of Nicholas Rolfe and Mary Fowle.
He married Elizabeth Fowle (d.1800) of Dymchurch 30 August 1752, St Mary in the Marsh. She was the daughter of Town Clerk John Fowle and his first wife Elizabeth.
Elizabeth Rolfe, a minor, married William Scuadmore by Licence 6 October 1772, St Nicholas, New Romney.
Charles died 9 July 1811 and was buried at St Mary in the Marsh. For further biographical details see https://www.findagrave.com/memorial/43176878/charles-rolfe

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