Will of Benjamin Rooke, merchant, of Appledore, Northam

Proved 20th April 1808

© Crown Copyright

PROB 11/1478/186, Records of the Prerogative Court of Canterbury, Ely Quire Numbers: 320 - 367

Transcribed by David Carter

I Benjamin ROOKE of Appledore within the parish of Northam in the County of Devon Merchant, do make my last will and Testament in manner as follows.
I give and bequeath unto my Brother Thomas ROOKE all and every Sum and Sums of money which shall be due and owing from him to me at the time of my decease together with all Securities if any which my said Brother may have given for the same and I do by this my will acquit and discharge my said Brother of and from all and every such sum and sums of money aforesaid but I recommend him of it shall be in his power to give and dispose of such sum and sums of money as aforesaid after his decease unto and equally between such of my grandchildren as may then be living.
Also I give and bequeath unto my niece Susanna BROWNING widow two hundred pounds stock part of the stock standing in my name in the five per cent Bank Annuitie which I direct shall be transferred unto her by my executor and executrix in trust herein after named so soon as the same can conveniently be done after my decease.
Also I give and bequeath unto my nieces Ester DAY and Elizabeth JEFFREY twenty guineas cash.
And I give and bequeath unto my Relations Peggy WICKEY, Ann WILKIN, Elizabeth COWARD, and Prudence COWARD ten guineas apiece all which primary legacies I will shall be paid by my executor and executrix in trust at the expiration of three months after my decease.
Also I give and bequeath unto the Reverend Samuel ROOKER of Bideford Dissenting Minister, Henry GRIBBLE of Barnstaple Merchant, and Richard VERNON the younger of Appledore aforesaid Mariner, such sum of lawful money of Great Britain as will be sufficient to purchase two hundred pounds stock in the new South Sea Annuities to be ascertained by the current price of stock at the expiration of one month after my decease if the Books for transferring stock shall be then open, if not then the same to be ascertained by the Current Price of Stock on the first open day for transferring stock afterwards the same to be paid out of my personal Estate by my said executor and executrix in trust when and so soon as the amount thereof can be ascertained pursuant to the directions contained in this my will upon trust and confidence nevertheless that they the said Samuel ROOKER, Henry GRIBBLE and Richard VERNON the younger, their ex[ecut]ors adm[inistrat]ors and assigns do and shall lay out and invest the said on such Security or Securities as they shall think proper and the sum will admit and so and shall from time to time and at all times thereafter pay over and apply the Interest or annual produce thereof without lessening the Principal sum unto such person as for the time being shall be the Established Minister of the Dissenting meeting house at Appledore aforesaid for their own use and benefit and unto us other trust.
Also I give devise and bequeath unto the said Henry GRIBBLE and Richard VERNON the younger their heirs executors adm[inistrat]ors and assigns all and singular those several fields of closes of Land with their and every of their Appurt[enance]s situate and lying at or near Rumsam within the Parish of Bishops Tawton in the said County of Devon which have been purchased by myself and also two thousand pounds stock part of the stock standing in my name in the new South Sea Annuities to have and to hold the said field of closes of Land and Premises with their and every of their Appurt[enance]s, And also the said two thousand pounds stock and every part and parcel thereof unto the said Mary GRIBBLE and Richard VERNON the younger their heirs executors adm[inistrat]ors and assigns to for and upon the uses trusts ends intents and purposes hereafter mentioned that is to say as to and containing the one undivided moiety or halfendeal - of the fields of closes of land and premises And the one half part of the said two thousand pounds stock to the use of and in trust for the benefit of my grandson William GRIBBLE his heirs executors adm[inistrat]ors and assigns but if my said grandson shall happen to have died before he shall attain the age of twenty one years then to and for the use and in trust for the benefit of my Grand Daughter Sarah GRIBBLE her executors adm[inistrat]ors and assigns, and in case my said Grand dau[ghte]r Sarah GRIBBLE shall likewise happen to die before she shall attain the said age of twenty one years then to and for the use and in trust for the only benefit of my Grand dau[ghter]s Mary ROOKE and Sarah Hannah ROOKE their heirs executors adm[inistrat]ors and assigns equally to be divided between them as Tenants in Common and not as Joint Tenants and as to and containing the remaining or other undivided moiety of halfendeal of the said fields or closes of land and premises And the other half part of the said two thousand pounds stock to the use of and in trust for the benefit of my said Grand Daughter Sarah GRIBBLE her heirs executors adm[inistrat]ors and assigns but if my said Grand Daughter Sarah GRIBBLE shall happen to die before she shall attain the age of twenty one years then to and for the use and in trust for the benefit of my said Grandson William GRIBBLE his heirs executors adm[inistrat]ors and assigns And in case my said Grandson William GRIBBLE shall likewise happen to die before he shall attain the age of twenty one years then to and for the use and in trust for the only benefit of my said Grand Daughters Mary ROOKE and Sarah Hannah ROOKE their heirs executors adm[inistrat]ors and assigns equally to be divided between then as tenants in Common and not as joint tenants And it is my will and is to hereby direct that owing -?- minorities of my said Grand children respectively that the said Henry GRIBBLE and Richard VERNON the younger their heirs executors adm[inistrat]ors and assigns shall receive and take the rents and profits of the said fields or closes of land and premises and the dividends and produce of the said two thousand pounds stock for the uses & upon the trusts hereinbefore expressed concerning the same --?--and shall and may apply and dispose of the same rents and profits dividends interest and produce at their discretion unto or for the benefit and advantage of each of my said Grand Children respectively as for the time being shall be intitled to the same by virtue of this my will.
Also I give and devise so far as I lawfully can unto my said Grand Daughters Mary ROOKE and Sarah Hannah ROOKE their heirs and assigns for ever as tenants in common and not as joint tenants all that messuage or tenement with the fields of closes of land and other appurt[enance]s thereto belonging situate and lying at or near Rumsam in Bishops Tawton aforesaid which were devised to my late deceased son John ROOKE by the late Mrs Hannah PUNCHARD.
Also I give and devise and bequeath unto Mary Browning ROOKE of Appledore aforesaid widow, and the said Richard VERNON the younger their heirs executors adm[inistrat]ors and assigns all and singular the Messuages Lands Tenements Herediments and Premises with their and every of their Appurt[enance]s of which I am seized in fee of am to shall hereafter be intitled unto for any term or terms of the residue of any term or terms for --?-- absolute or determinable on lives situated and lying within the Parish of Northam aforesaid and the reversion or reversion remainder and --?-- rents issues and profits thereof and of every part thereof and also four hundred pounds -?- part of -?- stock standing in my name in the five per cent Bank Annuities to have and to hold the said Messuages Lands Tenements Heredit[ment]s and Premises last mentioned with their and every of their appurt[enance]s And also the said four hundred pounds stock and every part and parcel therof unto the said Mary Browning ROOK and Richard VERNON their heirs executors adm[inistrat]ors and assigns to and for upon the uses trusts ends intents and purposes hereinafter mentioned that is to say as to and concerning the one undivided moiety of halfendeal of my said freehold & leasehold messuages lands tenements heredit[ment]s and premises in Northam aforesaid and the one half part of the said four hundred pounds stock to the use of and in trust for the benefit of my said Grand daughter Mary ROOKE her heirs executors adm[inistrat]ors and assigns, but if my said Grand Daughter Mary ROOKE shall happen to die before she shall attain the age of twenty one years then to and for the use and in trust for the benefit of my said Grand daughter Sarah Hannah ROOKE her heirs executors adm[inistrat]ors and assigns, and in case my said Grand daughter Sarah Hannah ROOKE shall likewise happen to die before she shall attain the age of twenty one years, then to and for the use and in trust for the only benefit of my said Grand Children William GRIBBLE and Sarah GRIBBLE their heirs executors adm[inistrat]ors and assigns equally to be divided between them as tenants in common and not as joint tenants And as to and concerning the remaining or other undivided moiety or halfendeal of my said freehold and leasehold messuages lands tenements heredit[ment]s and premises in Northam aforesaid and the other half part of the said four hundred pounds stock to the use of and in trust for the benefit of my said grand-daughter Sarah Hannah ROOKE her heirs executors adm[inistrat]ors and assigns, but if my said grand daughter Sarah Hannah ROOKE shall happen to die before she shall attain the age of twenty one years then to and for the use and in trust for the benefit of my said grand daughter Mary ROOKE her heirs executors adm[inistrat]ors and assigns, And in case my said grand daughter Mary ROOKE shall likewise happen to die before she shall attain the age of twenty one years then to and for the use and in trust for the benefit of my said grand children William GRIBBLE and Sarah GRIBBLE their heirs and executors adm[inistrat]ors and assigns equally to be divided between them as tenants in common and not as joint tenants, & it is my will and I do hereby direct that during the minorities of my said grand children respectively they the said Mary Browning ROOKE and Richard VERNON the younger their heirs executors adm[inistrat]ors and assigns [DUPLICATED SECTION CROSSED OUT HERE] shall receive and take the rents & profits of the said freehold and leasehold hereditments and premises last mentioned and the dividends interest and produce of the said four hundred pounds stock to the use and upon the trusts hereinbefore expressed concerning the same respectively and shall or may apply and dispose of the same rents profits dividends interest and produce at their discretion unto or for the benefit and advantage of such of my said grand children respectively as for the time being shall be intitled to the same by virtue of this my will and all the rest residue and remainder of my goods chattels and personal estate and effects whatsoever I do give and bequeath unto the said Mary GRIBBLE and Mary Browning ROOKE their heirs executors adm[inistrat]ors and assigns upon trust that they the said Mary GRIBBLE and Mary Browning ROOKE their heirs executors adm[inistrat]ors and assigns so and shall pay over distribute and divide the whole of my said residuary estate and effects unto my said grand children in William GRIBBLE, Sarah GRIBBLE, Mary ROOKE and Sarah Hannah ROOKE their executors adm[inistrat]ors and assigns equally between my said grand children share and share alike when and as they respectively shall attain the age of twenty one years, but if any or either of them my said grand children shall die under the before age she or they have attained the age of twenty one years, then as to the share or shares as well the original or any attaining share or shares of him her or their do dying in or to my said residuary personal estate and effect upon trust for the survivors or survivor of my said grand children equally between them if more than one share and share out when and as such survivor or survivors respectively shall attain the age of twenty one years and her or their executors adm[inistrat]ors and assigns and I appoint the said Henry GRIBBLE and Mary Browning ROOKE Executor and Executrix in trust of this my last will and testament for the purposes aforesaid and I direct that my said executor and executrix in trust shall or may at their discretion apply and dispose of the dividends interest and annual produce of my said residuary estate and effects unto or for the benefit and advantage of my said grand children respectively during their respective minorities, And lastly it is my will that all and every my trustees and also my executor and executrix in trust hereinbefore named shall be allowable only for his or her own individual acts deeds receipts disbursements and not for the acts deeds receipts disbursements or defaults of any other of them and that none of them shall be answerable for any loss or damage which may happen to the trust estate unless the same shall be occasioned by their own wilful neglect or default respectively and that each of my said trustees and executor & executrix in trust shall be fully reimbursed out of the said trust estate all costs charges and expenses which they respectively shall incur or sustain in or about the execution of this my will or any of the trusts herein contained. In witness thereof I the said Benjamin ROOKE the testator have to the four preceding sheets of this my last will and testament subscribed my name and to this fifth and last sheet thereof subscribed my name and set my seal this twentieth day of June in the year of our Lord one thousand eight hundred and five.
Benjamin ROOKE, signed sealed published and declared by the said Benjamin ROOKE as and for his last will and testament in the presence of us who at his request in his presence at his request in his presence at his request with others have subscribed our names as witnesses therero:
S W TUCKER, Margaret TUCKER, Charles CARTER junr.

This Will was proved at London the twentieth day of April in the year of our Lord one thousand eight hundred and eight, before the Right Honourable Sir William WYNNE Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully contested by the oaths of Henry GRIBBLE and Mary Browning ROOKE widow, the relict of the deceased and the executors named in the said will to which adm[inistrati]on was granted of all and singular the goods chatells and credits of the said deceased having been first sworn by commission duly to administer.