This is the last Will and Testament of me Richard Roake of Kettlewell in the parish of Horsell in the County of Surry yeoman made this thirteenth day of August in the year of our Lord one thousand eight hundred and eight First I desire and direct all my just debts funeral expenses and testamentary charges to be fully paid and discharged by and out of my Personal Estate hereinafter disposed of Also I do hereby give & bequeath unto my dear and loving Wife Elizabeth Roake the legacy or Sum of Fifty pounds of lawful British money to be paid to her within one month after my decease To and for her own absolute use and benefit Also I give and bequeath to my said wife Elizabeth and her assigns for her life if she shall continue my Widow and unmarried again all the household goods and Furniture in about & belonging to the best bed Room and the best sitting room in my present dwellinghouse & such other Furniture Linen and household Utensils as they my trustees hereinafter named shall think sufficient and necessary for furnishing the house hereinafter devise to her for life and that she my said Wife shall think not exceeding the Sum of one hundred pounds in actual value and after the decease of my said Wife or marriage again which shall first happen I do hereby direct that the same household Goods and Furniture Linen and household Utensils shall ????? into and become a part of my residuary Estate hereinafter disposed of Also I do hereby give and devise to my said Wife Elizabeth and her Assigns for and during the term of her natural life if she shall continue my widow and unmarried again all that my freehold Messuage or Tenement with the Garden orchard and Premises thereto belonging situate lying and being in the Parish of Horsell aforesaid and now in the occupation of William Axtoll my tenant and from and after the decease or marriage again (which shall first happen) of her my said Wife I do hereby give and devise the said hereditaments and Premises to my eldest Son Henry Roake his heirs and assigns absolutely and for ever Also I do hereby give and bequeath unto my said Wife Elizabeth and her assigns for and during the term of her natural life the clear yearly annuity or annual Sum of eighty pounds of lawful British money to be paid to her by four even or equal quarterly payments on the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December in every year the first payment thereof to begin & be made on such of the said days of payment as shall first and next happen after my decease And I do hereby direct that then said clear yearly Annuity or annual Sum of eighty pounds shall be issuing and payable to my said Wife out of and chargeable upon all and every my Messuages or Tenements Farms Lands Hereditaments and premises hereinafter devised But nevertheless one moiety thereof out of the hereditaments hereinafter directed to be conveyed to my said Son Henry Roake and the other moiety thereof out of my other Hereditaments hereinafter also directed to be conveyed to my Son John Roake and in case of nonpayment of the said Annuity or annual Sum of eighty pounds or any part thereof I do hereby will and declare that it shall and may be lawful to and for my said Wife and her assigns to enter & distrain into and upon such hereditaments in respect whereof the same shall be in arrear and unpaid and the distress or distresses then and there found to sell and dispose of until she or they shall be wholly paid and satisfied the said Annuity and all arrears thereof and all costs and charges attending the same in such manner and form as Landlords have a right to do for recovering of rent in arrears And subject and charged and chargeable to and with the said Annuity or annual Sum of eighty pounds to my said Wife for life I do hereby give and devise unto my good friends William Mellersh of the Kings Head Inn in the Borough of Southwark in the County of Surry Merchant John Keene of Chertsey in the said County of Surrey Carrier & Thomas Keene of Compton in the said County Yeoman and to the Survivors and Survivor of them and to the heirs executors admors and assigns of such Survivor All the Rest and Residue of all and singular my Messuages Lands tenements hereditaments and real Estate and also all my household Estates whatsoever and wheresoever situate lying and being in that part of Great Britain called England And also of all and singular my Goods Chattels Rights Credits Money Stock Personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever the shall be which I may happen to be possessed of or interested in at the time of my decease To hold the same (according to the nature and tenure thereof respectively) unto my good friends the said William Mellersh John Keene and Thomas Keene and to the Survivors and Survivor of them and to the heirs executors administrators and assigns of such Survivor to the uses and upon the trusts and subject to the provisions and for the intents and purposes hereinafter mentioned and declared of and concerning the same that is to say Upon trust that they my said trustees or the Survivors and Survivor of them or the heirs executors and admors of such Survivor shall and do from & after my decease until my Second Son John Roake shall attain his age of twenty one years continue to use and carry on my Farming Business in such manner as I have hither to been used to carry on the same and for the interest behoof and advantage And also shall and do receive and take the rents issues dividends interest and annual produce of all other my said real and personal estates and premises and thereby and thereout and out of the gains and profits to arise from my said Farming business or so much thereof as my said trustees shall find necessary and think proper shall and do (after satisfying the said annuity or annual Sum of eighty pounds to my said Wife for life) maintain educate and support all and every my Children in such manner as they my said trustees shall think discreet and proper until my said Second Son John Roake shall attain his age of twenty one years and when and as soon as he shall have attained that age Upon further trust that they my said Trustees or the Survivors and Survivor of them or the heirs executors and administrators of such Survivor shall and do convey and assure unto my said second Son John Roake his heirs executors Admors and assigns all that Messuage or Tenement with the Barn Stables Lands hereditaments and Premises thereto belonging heretofore Whapshotts and Collyers but late Margaret Roakes situate lying and being in the Parish of Horsell aforesaid and in the Parish of Wokeing in the said County of Surry and now in the occupation of Henry Knowles And also all that other Messuage or Tenement with the Barn Lands and Premises thereto belonging containing together about fourteen acres (more or less) situate lying and being at Parley in the Parish of Horsell aforesaid and now in my own occupation and also all those three pieces of Leasehold Land (lately lying in four pieces) containing together about four acres (be the same more or less) two of the said Pieces being near the said Rick Yard in the occupation of the said Henry Knowles and the other piece thereof lying near Parley Lane situate lying and being in the Parish of Horsell aforesaid and being Parcel of the Leasehold Land which I lately purchased of Mr John Garment and which said pieces of leasehold Land are now in my own occupation To hold the same unto and for the use of my said Son John Roake his heirs executors admors and assigns absolutely and for ever (subject nevertheless to one moiety or equal half part of the said Annuity of eighty pounds to my said Wife for life and subject and charged and chargeable to and with the payment of the Sum of three hundred & fifty pounds of lawful british money unto each and every of my Children except my said eldest Son Henry Roake) who shall be living at the time of my decease or born in due time afterwards when and as they shall respectively attain their respective ages of twenty one years and subject and charged and chargeable in the mean time and until the same respectively shall be so paid to and with the payment of interest on each of the said legacies of three hundred and fifty pounds after the rate of five pounds per centum per annum to be paid half yearly unto my said Trustees and by them applied for the future maintenance and education of such Children respectively And upon further trust that they my said trustees or the Survivors or Survivor of them or the heirs Executors or Admors of such Survivor shall and do when and as soon as my said second Son John Roake shall have attained his said age of twenty one years convey assign and assure unto my said eldest Son Henry Roake his heirs Executors Admors and Assigns all and singular other my Messuages Lands Tenements hereditaments & real Estate and also all other my leasehold Estate so devised to them my said Trustees as aforesaid and which are not hereinbefore directed to be conveyed to my said second Son John Roake as aforesaid To hold the same unto and to the use of my said Son Henry Roake his heirs Executors admors and Assigns for ever Subject nevertheless to the other moiety or equal half part of the said Annuity of eighty pounds so devised to my said Wife for life as aforesaid and also subject and charged & chargeable to and with the payment of the Sum of three hundred & fifty pounds of lawful british money unto each & every of my other Children (except my said second Son John Roake) who shall be living at the time of my decease or born in due time afterwards when and as they shall respectively shall attain their respective ages of twenty one years & also subject and chargeable in the mean time with interest for the same after the rate of five pounds per centum per annum to be paid half yearly unto my said Trustees and by them applied for the future maintenance & education of such Children respectively and also upon further trust that from and after my said second Son John Roake shall have attained his said age of twenty one years that they my said trustees or the Survivors or Survivor of them or the heirs Exors and Admors of such Survivor shall and do assign deliver up and pay unto my said two Sons Henry Roake and John Roake their Exors and Admors all and singular my Stock in Trade Husbandry Cattle Monies Securities for monies the Surplus Gains & profits which shall have accumulated in my said Farming business Personal Estate trust monies and Premises then in the hands of my said trustees To hold the same unto my said two Sons Henry Roake and John Roake the Exors Admors and Assigns absolutely & for ever But subject nevertheless to the said Legacies of three hundred and fifty pounds & three hundred and fifty pounds making together the full Sum of seven hundred pounds unto each & every other of my said children with interest as hereinbefore mentioned and also charged upon my said real estate Provided always and it is my Will and meaning and I do hereby declare that in case of the death of my said Sons Henry Roake and John Roake or either of them before he or they shall have attained his or their age or respective ages of twenty one years without leaving any issue of his or their body or respective bodies lawfully begotten then that the conveyance and assurance of my said real and Personal Estate shall be made unto my two next eldest Sons if both shall die or to my next Son in case one shall die for the time being their heirs Exors Admors and assigns but subject and charged and chargeable in like manner & to and with the same charges and payments as hereinbefore mentioned it being my will and desire and I do hereby direct that my eldest Son for the time being and who shall attain the age of twenty one years shall have the hereditaments & premises and also one moiety of my said residuary Personal Estate hereinbefore directed to be conveyed assured and assigned unto my said present eldest Son Henry Roake and that the hereditaments and premises and also the other moiety of my said Residuary Personal Estate so directed to be conveyed assured and assigned unto my said present second eldest Son John Roake shall (in case of either of the said Events) be conveyed assured and assigned unto my next second Son for the time being and who shall attain the age of twenty one years provided always and it is my further will and meaning that in case my present third and fourth Sons or either of them shall succeed and be entitled to either of the said conveyances and assurances under the said above mentioned proviso in case either of the said events happening then that the legacy or legacies of such Son or Sons who shall so succeed and be entitled shall go to and be equally divided amongst my said other surviving children (except my two eldest Sons for the time being) share and share alike absolutely and for ever Provided also and I do hereby further will and declare that the conveyance and assurance so hereinbefore directed to be made to my said eldest Son for the time being shall be made and that the said legacies so hereinbefore directed to be paid to my said other Children except my said first and second Sons for the time being shall be paid when and as soon as my said present second Son (in case he shall be then dead) would have been entitled to such conveyance to him as such second Son if he had been then living and that from thenceforth my said trustees shall use & carry on my said Farming Business or to let and lease the same and to place all trust monies out at Interest as they shall think proper to and for the benefit & advantage of such next succeeding first or second Son until he or they shall attain his or their age of twenty one years when I direct the same to be conveyed assured and assigned to him or them as aforesaid Provided further and my will & meaning is that in case or either of the deaths of my said present first and second Sons happening and my said other children becoming entitled to their said legacies before the first and second Sons for the time being shall attain their ages of twenty one years and before the same shall be conveyed to such Sons respectively Then and in such case I do hereby authorize and empower my said Trustees and the Survivors and Survivor of them and the heirs executors and Admors of such Survivor to raise such legacies by mortgage or otherwise upon the hereditaments and Premises out of which the same legacies shall be respectively payable or any part thereof and that such money so raised shall be paid and applied in discharge of such legacies respectively Provided also and I do hereby further declare that in case of the death of either of my said Children except my said first and second Sons for the time being before he she or they shall have attained his her or their age or respective ages of twenty one years leaving issue of his her or their body or respective bodies lawfully begotten then that the share or shares of him her or them so dying shall go and belong to such Issue respectively And in case such Children shall happen to die without Issue then that the share or shares of him her or them dying as lastly above mentioned shall go and belong to and equally amongst all other my Children (as well my first and second Sons for the time being as all other my Children) and the Issue of any deceased Child such issue taking their parents share thereof respectively and no more equally between them share and share alike absolutely and for ever Provided also and my will & meaning is that the several bequests hereinbefore made to my said Wife shall be deemed in situ bar and full satisfaction of her jointure dower and thirds in or out of any my Estates of Inheritance and that in case she shall claim and insist upon such jointure dower or thirds then that the several bequests so made to her shall be null and absolutely void to all intents and purposes And I further will and direct that my said trustees shall take possession of my said Farms & lands in the occupation of the said Henry Knowles by virtue of a lease thereof made to him when and as soon as such lease shall expire and carry on and exercise the Farming Business thereon in such manner as they shall think proper until my second Son shall attain his said age of twenty one years Upon the trusts and for the intents & purposes aforesaid And I make and appoint my said good friends William Mellersh John Keene and Thomas Keene joint Executors In trust of this my will and together with my said Wife during her Widowhood Guardians of all and every my Children And I will and declare that they my said Trustees and Executors shall not nor shall any or other of them be answerable or accountable for any more of the trust monies than they shall respectively actually receive nor for any misfortune loss or damage which may happen to any my Estate provided the same happened without their own wilful defaults respectively neither shall one of them be answerable or accountable for the other of them but each of them for his own acts and defaults only and that they and each of them shall and may with and out of my estate retain to and reimburse themselves all Costs charges damages and expenses whatsoever which they or either of them shall or may be put to or sustain in the execution of the trusts of this my Will or in relation thereto In testimony whereof I have to this my last Will & Testament contained on Six sheets of paper five sheets thereof set my name and to this last Will my hand and Seal the day and year first above written = Rich.d Roake = Signed Sealed Published & declared by the said Richard Roake 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 subscribe our names as Witnesses hereto = Tho.s Mellersh Godalming = Ja.s Bogue Sol.r Guildford = John Sibthorpe of Guildford Gent. I Richard Roke the testator do make this Codicil to my last Will and Testament hereinbefore contained and do direct the same to be taken and construed as part thereof Whereas I have in and by my said Will (among other things) given to my Wife Elizabeth the household goods and furniture in and belonging to my best sitting Room and my best bed room and also such part of my other Furniture and Goods as my Trustees therein named should think necessary for her not exceeding in value the Sum of one hundred pounds And whereas I have devised and directed to be conveyed unto my second Son John Roake and his heirs or in the case of his death under the age therein mentioned unto my second Son for the time being and his heirs certain Farm and hereditaments therein mentioned and described And I have also devised and directed to be conveyed unto my eldest Son Henry Roake and his heirs or in the case of his dying as therein mentioned unto my eldest Son for the time being and his heirs the residue and remainder of all and every my farms lands Tenements and hereditaments with the Appurtenances at the time and in manner therein mentioned Now I do hereby give and bequeath unto my said Wife Elizabeth the household Goods and Furniture in about and belonging to my best Sitting room and best bed room only of my dwellinghouse and I do hereby revoke the bequest contained in my said Will to my said Wife of the other Furniture and goods therein mentioned And I also give and bequeath unto my said Wife Elizabeth the further legacy of Fifty pounds of lawful British money in addition to the pecuniary legacy of Fifty pounds already given to her by my said Will and I direct the same to be paid to her within one month after my decease Also I do hereby give and devise unto my second Son and his heirs all and every my great and small tithes and tenths of all and singular the lands and other hereditaments so devised to him as aforesaid and also one moiety or equal half part of all my Estate right share & interest in the Rectory or Parsonage Impropriate of Horsell aforesaid and of the Great and small tithes and other dues thereof (except of the said Lands) and other hereditaments so devised to my eldest Son and his heirs To hold the same (except as aforesaid) unto my said Second Son his heirs and assigns for ever Also I do hereby give and devise unto my first and eldest Son and his heirs all and every the Tithes and tenths of all and singular the lands and other hereditaments so devised in and by my said Will to him my said eldest Son as aforesaid And also the other moiety or half part of my said right share & interest of and in the said Rectory or Parsonage Impropriate of Horsell aforesaid and of the Great and small tithes and other dues thereof (except of the lands and hereditaments so devised to my Second Son and his heirs) To hold the same (except as lastly excepted) unto my said eldest Son and his heirs for ever And I do hereby will and declare that the said Tithes and Rectory or parts or shares thereof shall be subject to the same powers provisoes and restrictions & to take effect upon the several events therein set forth as are mentioned & contained in and by my said Will in regard to the hereditaments and other real Estate thereby devised And I hereby ratify and confirm my said Will and do direct the same to be established in all respects save and except as the same is hereby expressly revised or revoked In witness whereof I the said Richard Roake the Testator have to this codicil to my last Will and Testament set my hand and Seal this twenty third day of February in the year of our Lord one thousand eight hundred & ten. = Rich.d Roake = Signed Sealed Published & declared by the said Richard Roake the Testator as a Codicil to 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 = Rich.d Sparkes = Wm Walbancke = Tho.s Mellersh. Proved at London with a Codicil 20th Nov.r 1838 before the Worshipful Jesse Addams Dr. of Laws & Surrogate by the Oaths of William Mellersh the Brother by the half blood and John Keen and Thomas Keen the Executors to whom Admon was granted having been first sworn duly to Administer.