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Will of George Morphett

of Wittersham, Kent


Source: Prerogative Court of Canterbury prob 11/1611
Submitted by Kevin Yeats
This is the last Will and testament of me George Morphett Widower of Wittersham in the Isle of Oxney in the County of Kent Gentleman made this seventeenth day of July in the year of our Lord one thousand eight hundred and seventeen
First I ratify and confirm the settlement made on my marriage with my late wife Frances Morphett
and I hereby revoke all former wills and Codicills by me at any time heretofore made
and I make Constitute and appoint my Son George Morphett the younger of Knockwood in the parish of Tenterden in the said County Gentleman my Son John Morphett and my Son in Law William Witherden of Rolvenden in the same County Gentleman Executors of this my last will and testament

I give and bequeath unto my said son John Morphett the sum of one thousand pounds of lawful money of Great Britain to be paid to or retained by him out of my Estate at the end of three months after my decease

I give & devise unto my son in law the said William Witherden all that my messuage or tenement with the Barn buildings Farm and lands thereto belonging situate lying and being in the parish of Benenden in the said County of Kent containing together by estimation twenty acres be the same more or less with the Appurts in the Occupation of William Brignall his under tenants or assigns and which I purchased of (smudged) Geddon to hold the same unto him the said William Witherden his heirs and assigns for ever

also I give & devise unto my said Sons George Morphett John Morphett and William Witherden and their heirs all and every my Messuages Farms lands tenements Hereditaments and real estate and parts and share of messuages Farms lands tenements Heredits and real estate whatsoever and wheresoever and of what nature kind or quality so ever the same may be and whether in Possession reversion remainder or expectancy with their and every of their Appurts not hereinbefore by me otherwise disposed of to hold the same and every part thereof with their appurts unto them the said George Morphett John Morphett and William Witherden their heirs and assigns for ever but nevertheless upon the trusts and for the ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say upon trust that they the said George Morphett John Morphett and William Witherden or the survivors or survivor of them or the heirs of each survivor shall and do as soon as conveniently may be after my decease sell and absolutely dispose of my said messuages Farms Lands Hereditaments and Premises and all other my real Estate so given and devised to them as aforesaid with their appurts together or in parcels and by public auction or private contract as to them or him shall seem expedient for the best Price or Prices in money that can be reasonably had or obtained for the same and to convey the same accordingly

And I will and declare that the receipt or receipts of the said George Morphett John Morphett and William Witherden or the survivors or survivor of them or their heirs or assigns of each survivor for the money for which the same shall be also respectively sold shall from time to time be a sufficient discharge or sufficient discharges to the purchasor or purchasors of the said hereditaments and premises or any part or parts thereof for his or her or their purchase money or for so much thereof as shall be therein before acknowledged or expressed to have been received and that such purchasor or purchasors his her or their heirs Executors admors or assigns or any of them shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchaser money so received or any part or parts thereof and my will further is that the monies which shall arise by or from such Sale or sales as aforesaid shall be Deemed to be part of my personal Estate and that the clear yearly rents and profits of the said hereditaments and premises in the mean time until the same shall be sold or of so much thereof as shall be remaining unsold shall be deemed to be part of my personal Estate and that the same monies and rents and profits shall be subject to the dispositions hereinafter made concerning my personal Estate and the Annual income thereof respectively

I give and bequeath unto my said Sons George Morphett John Morphett and William Witherden all and every my household furniture and other household Goods plate plated Goods linen and China ready monies and securities for money corn hops Hors Cattle husbandry Table brass form and forms of brass Chattels debts and Effects and personal Estate whatsoever wheresoever and of what nature kind or quality soever the same be not by me herein before already otherwise disposed of whereof I shall die possessed or which shall be anyways due owing coming or belonging unto me at the time of my decease and all my Estate and Interest therein and also all and singular the monies hereinbefore directed to constitute part of my personal Estate to hold the same and every part thereof unto them my said Sons George Morphett John Morphett and William Witherden their Executors admors and assigns upon trust that they my said Executors and trustees or the survivors or survivor of them or the Executors or admors of such survivor shall and do as soon as conveniently may be after my decease sell and convert into ready money all such part or parts of my personal Estate as shall not consist of monies or securities for money and shall and do call receive and get in all such part or parts thereof as consist of monies or securities for money and upon further trust that they my said trustees and Executors or the survivors or survivor of them or the Executors or admors of such survivor shall and do in the first place by and out of the monies to arise from the sale or sales of my said messuages Lands hereditaments real and personal Estate hereinbefore directed to be sold and to be collected received and got in as aforesaid pay and discharge all such just debts as I shall owe at the time of my decease unto any person or persons whomsoever my Funeral & testamentary charges and all other incidental Expenses
and also the said legacy of one thousand pounds hereinbefore by me given and bequeathed unto him my said Son John Morphett and which I give him in order that he shall take an equal share with his Brothers and Sisters of my property and from and after all such payments are made as aforesaid upon further trust that they my said trustees & executors and the survivors or survivor of them or the Executors or admors of such survivor do and shall pay out full equal fifth part or share of this clear residue of my personal Estate and of the monies hereinbefore directed to be considered as to constitute part thereof the whole into five equal parts or shares to be divided

unto him my said Son George Morphett his Executors admors and assigns to and for his and their own use and benefit to whom I give bequeath the same accordingly
and also do and shall pay out other full equal fifth part or share thereof unto my said Son John Morphett his Executors admors and assigns to and for his and their own use and benefit
And also do and shall pay one other full equal fifth part or share thereof unto my Daughter Frances the wife of the said William Witherden her Executors admors and assigns to and for her and their own use and benefit to whom I give and bequeath the same accordingly

and upon further trust that they my said trustees and Executors or the survivors or survivor of them or the Executors or admors of or the survivor do and shall stand and be possessed of one other full equal fifth part or share of and in the said residue of my estate upon the trusts and to and for the ends intents and purposes and under and subject to the powers provisos and explanations hereinafter mentioned expressed and declared concerning the same that is to say upon trust that they my said trustees or the survivors or survivor of them or the Executors or admors of such survivor do and shall put and place or lay out and invest the same in their or his names or name upon good real securities or in Parliamentary funds of this Kingdom at Interest and from time to time to sell such stocks or Funds and call in all or any part of the same fifth part or share so placed out to interest and from time to time invest and place out the same again upon securities of the same or the like nature as often as they shall think fit and shall and do pay the Interest dividends and Yearly proceed of the same fifth part or share of the said trust monies as the same shall come in and be received into the proper hands of my Son Robert Morphett for and during the term of his natural life to the end and intent that the same fifth part or share or the Interest dividends or Yearly proceeds thereof may not be sold mortgaged assigned or parted with by the said Robert Morphett my Son nor be subject or liable to his debts forfeitures or engagements but that the said Interest dividends and yearly proceed thereof may remain Continue and be a certain Provision for him during his life

and from and immediately after the decease of him my said Son Robert Morphett in case he shall happen to die in the life time of Mary his now wife upon further trust that they the said George Morphett John Morphett and William Witherden or the survivors or survivor of them or the Executors or admors of such survivor shall and do pay the said Interest dividends and yearly proceed of the last mentioned fifth part or share stocks funds and securities as the same shall from time to time come in and be received unto the said Mary Morphett the wife of him my said Son Robert Morphett for and during the term of her life if she shall so long continue his widow but not otherwise

and from and after the decease of the said Mary Morphett upon further trust that they the said George Morphett John Morphett and William Witherden or the survivors or survivor of them or the Executors or admors of such survivor shall and do pay the same fifth part or share of and in the monies aforesaid or assign and transfer the Stock funds or securities in or upon which the same shall be invested unto my nine Grandchildren namely George Robert Thomas John William Eleanor Mary Ann Frances and Harriet Morphett the Children of him my said Son Robert Morphett and all and every other the Child and Children of the body of him my said Son Robert Morphett lawfully begotten and to be begotten equally to be divided between them if more than one share and share alike as and when he she or they shall attain their several and respective age and ages of twenty one years or be married if such respective times of payment happen after the deceace of the survivor of them my said Son Robert Morphett and Mary his wife but if in their life time then within six months next after the decease of such survivor

And I hereby direct that the interest dividends and annual proceed of the same fifth part or share stocks Funds and securities shall from and after the decease of them the said Robert Morphett and Mary his wife be paid and applied for and towards the maintenance clothing educating bringing up putting forth apprentice or otherwise for the advancement and benefit in the world of such Child and Children respectively as shall happen to be under the age of twenty one years at the time their said parts or shares shall become vested in such way and manner as they my said trustees shall think proper until the same fifth part or share shall become payable and be paid unto such Child and Children respectively according to the true intent & meaning of this my will provided always nevertheless and my will and mind is that in case any or either of my said Grand Children the said George Robert Thomas John William Eleanor Mary Anne Frances and Harriet Morphett the Children of my said Son Robert Morphett or any after born Child or Children of him my said Son Robert shall happen to die under the age of twenty one years having issue of his her or their body or bodies lawfully begotten that then the part and share or parts and shares of him her or them so dying as well original as by Accrue of him her or them so dying of and in the said trust monies shall go to and be equally divided between and amongst the survivors of them and the issue of such of them as may be dead leaving issue share and share alike and if there shall be but one such survivor then the whole to such only surviving Child but the Child or Children of either of my said Grand Children who may so die is or are not to take or have a greater part or share of and in the same fifth part or share than his or her Father or Mother would have had or taken if he she or they had been living

and upon further trust that they my said trustees or the survivors or survivor of them or the Executors or admors of such survivor do and shall put and place or lay out and invest the other or remaining fifth part or share of the said residue of my Estate in their or his names or name upon good real securities or in the parliamentary Funds of the Kingdom at Interest and from time to time to sell such stocks or Funds and call in all or any part of the said last mentioned fifth part or share so placed out to Interest and from time to time invest and place out the same again upon securities of the same or like nature as they shall think fit and shall and do pay the Interest dividends and yearly proceed of the same fifth part or share of the said trust monies as the same shall come in and be received unto my Daughter Ann now the wife of the Reverand William Rowland late of High Halden in the said County of Kent Clerk but now of Scethrog Lancainffroad {Llanganffraid} Brecknockshire {Wales} and late the wife and afterwards the widow of John Ramsden of Ebony in the said Isle of Oxney Gentleman deceased and her assigns or otherwise permit and suffer or sufficiently authorize and empower her and them to receive the same for and during the term of her natural life

and from and immediately after her decease upon trust that they my said trustees and Executors or the survivors or survivor of them or the Executors or admors of such survivor do and shall pay the said last mentioned fifth part or share of the said residue of my Estate or assign and transfer the Stock funds or securities in or upon which the same shall be laid out or invested unto John George Ramsden Frances Ramsden and Ann Ramsden the Children of her my said Daughter Ann Rowland by her said former husband the said John Ramsden deceased William Roland Margaret Rowland and George Morphett Rowland of her my said Daughter Ann Rowland by her said present husband the aforesaid William Rowland and unto all and every other the Child and Children of the body of her my said daughter Ann Rowland as well by her said present as by any after taken husband begotten or to be begotten equally to be divided between them share and share alike as and when he she or they shall severally and respectively attain their his or her age and ages of twenty one years if such respective times of payment happen after the decease of her my said Daughter Ann Rowland but if in her life time then within six months next after her decease and my will is that the Interest Dividends and annual proceed of the said last mentioned fifth part or share of the said trust monies shall from and after the death of her my said Daughter Ann Rowland be paid and applied for the maintenance Clothing educating bringing up putting forth apprentice or other wise for the advancement and benefit in the world of such Child and Children respectively in such way and manner as they my said trustees and Executors or the survivors or survivor of them or the Executors or admors of such survivor shall think fit and proper until the part and share respectively of such Child and Children thereon shall become payable and be paid according to the true intent and meaning of this my will and my will and mind further expresses (?) that in case any one or more of the Children of my said Daughter Ann Rowland shall happen to die under the age of twenty one years without leaving any issue of his her or their body or bodies lawfully begotten then the part and share or parts and shares as well original as by accrue of him her or them so dying of and in the said residue of my estate shall go to and be equally divided between the survivors of them if more than one share and share alike and if but one such surviving child then unto such only surviving Child

and I do hereby direct that all such Sum and sums of money as I have already advanced and lent or shall or may advance or lend to any of my said Sons and Daughters except such sum and sums of money as I have advanced to them as their respective marriage portions which I estimate at one thousand pounds each and which I hold as securities against them for and as shall be stated and entered in my book or books of account and which he she or they shall at my death owe and stand indebted to me in my said Book or Books of account or on Bond Note or other security shall be allowed and accounted for by them respectively and be by my said Executors deducted and retained out of the respective fifth part or share of the residue of my Estate hereby given unto or In trust for them my said Sons and Daughters respectively and the balance or surplus of such several fifth parts or shares only shall be paid to or otherwise put and placed out at Interest for the benefit of them my said Sons and Daughters respectively who shall be my debtor or debtors as aforesaid provided always and I do hereby declare that the said messuage Barn Land and other hereditaments herein before devised to my said Son in law William Witherden are by me esteemed to be worth the sum of five hundred pounds and the same is to be accepted and taken by him at that sum and hereby and with the sum of five hundred pounds paid to him on his marriage with my said Daughter I have advanced to him the sum of one thousand pounds as I have to my sons and other Daughter

and my will and mind further is that they my said Executors and trustees or any or either of them their or any of either of their heirs Executors or advisors shall not be charged or chargeable with or answerable or accountable for any more of the aforesaid trust Estate monies and promises than they respectively shall actually receive or shall come to their respective hands by virtue of this my will nor with or for any loss or losses which shall or may happen of the same Estate monies and promises or any part thereof so as such loss or losses happens or happen without their wilful default nor any one of them for the other or others of them or for the acts deeds receipts or disbursements of the other or others of them but each of them for his own particular act deed receipt or disbursement only and also that it shall and may be lawful to and for my said Executors and trustees and each and every of them their and each and every of their Executors and advisors in the first place by and out of the aforesaid respective trust Estates monies and promises to deduct and reimbuse himself and themselves respectively all such losses costs charges and Expenses as they or any or either of them shall respectively sustain expense or be put unto for or by reason or means of the several trusts hereby in them reposed in relation to the same Estate monies and promises respectively or the management and execution thereof or any other thing in any wise relating thereto together with a suitable and proper allowance for their several Journies trouble loss of time and attendancies in and about the aforesaid trusts

In witness whereof I the said George Morphett the testator have to this my last will and testament contained in this and the seven preceeding sheets of paper set my hand and seal to wit my hand to the seven preceeding sheets and my hand and seal to this last sheet the day and year first above written
Geo: Morphett (seal)

The writing contained in this and seven preceeding sheets of paper was signed and sealed by the above named George Morphett the testator and by him published and declared 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 the several interlineations appearing in my said will having been first made
Jn: Fisher Rye Sussex //
Jas. Wittens of Wittersham Cordwainer
Wm. Taylor Servant to Mr Morphett.

Proved at London 10th December 1818 before the Judge by the oaths of George Morphett and John Morphett the Sons and William Witherden the Executors to whom admon was granted having been first sworn by Common (Commission) duly to admr (administer) //

Date of death: 28 Feb 1818


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Will of George Morphett
Created by Maureen Rawson