5/20/1919 · WILL · book 19 page 157 doc 7222

157 State of Indiana County of Baker, SS. before me, Herbert L. Wheaton, clerk of the bank circuit court, Indiana personally appeared John M. Kennedy, and Barbara Kennedy, husband and wife and acknowledged the execution of the foregoing instrument at their free act and deed. Witness my hand and official seal this 28th day of April 1919 Herbert L. Wheaton clerk bank Circuit Court LS. State of Rhode Island County of Providence, SS. In westerly on the 31st day of May AD 1919 before me personally appeared Edward Murray, Louis Murray, Theclea M. McCarroll & Henry McCarroll to me known or known by me to be the parties sealing the foregoing instrument and they acknowledged said instrument by them executed to be their free act and deed. Howard S. Thorp Notary Public LS. Received for record May 31 1919 at 9 o'clock thr and Recorded by Eugene L. Corwin Law Clerk. LS His Majesty's High Court of Justice (Probate Division) Extract from the Willnet Registry at Wakefield. This is the last Will and Testament of me Charles Devereux Rogers of 108 Colaresdon Road in the city of Leeds managing director of the British brass Company Limited. 1. I appoint Richard Readley [illegible] of 36 Angell street Providence in the County of Providence State of Rhode Island in the United States of America, George Frederick Vaughan of Willenhall in the County of Staffordshire England and Charles Edgar Manner of Leeds aforesaid Solicitors Executors and Trustees for carrying the trusts hereof into effect. 2. I bequeath the following legacies to my natural son named at Charles Rothes Rogers now residing at 108 Colaresdon Road Leeds aforesaid, my open faced gold watch chain and Masonic charm free of all death duties. 3. To Laura Helena Rothes of 108 Colaresdon Road Leeds aforesaid my diamond pin in trust for the said Charles

158 Rooks Rogers when he shall attain the age of twenty one years free of all death duties To Florence Rooks my diamond ring free of all death duties To the said Richard lately of Saunders my Father's watch and chain if he be living at the date of my death but if he be then dead I bequeath the said watch and chain to the said Charles Rooks Rogers free of all death duties Each of the said Richard late of Saunders and Dorothy Wickham Daught of Providence onward at present residing at Barrington Rhode Island one of my antique clocks to be chosen by them within six months after my death free of all said death duties To my wife Helen Holmes Rogers the pertaining in my possession specified by her and any pieces in my possession marked with her initials and also any pieces of furniture belonging to me at No 101 Cedarwood Road as aforesaid which she may choose within three months after my death or my trustees in their unrestricted discretion may allow her to have free of all death duties 3. And whereas I have given to my said wife Helen Belinda Holmes Rogers certain other furniture and other articles for her own absolute use and the will also be written at my decease to a life interest unless the will of my late father I declare that the benefit given to my wife shall be in full satisfaction and bar of all dover which she may be entitled to claim out of my estate of which I have been am or shall be seized possessed or entitled 4. I do devise and bequeath all my real estate including all my real estate situate in the United States of America and all the residue of my personal estate whatsoever and wheresoever including as well as personal estate over which I may have a general power of appointment or disposition by will unto and to the use of the said Richard late of Saunders George Frederick Vaughan and Charles Edgar Warren their heirs successors and administrators according to the nature and tenure thereof respectively upon trust that the said Richard late of Saunders George Frederick Vaughan and Charles Edgar Warren or the survivors or survivors of them or their successors or administrators of such survivor or others the trustees or trustees for the time being of this my will hereinafter referred to as my trustees shall in their absolute discretion and at such time or times and in such manner as they shall think fit sell any my real estate and call in and convert into money my arbitrary personal estate (but as to reversionary property until it falls into possession unless they shall consider an earlier sale

offedicient) and as that they shall have the fullest power and discretion to perform the sale calling in and conversion of the whole or any part or parts thereof including leaseholds or other property of a tenurable or nature during such period as they shall think fit and shall out of the proceeds of such sale calling in or conversion and act of the ready money thereof of which I may be possessed pay my funeral and testamentary expenses and debts and the legacies bequeathed by this will or any codicil hereto and the duties thereon In case such legacies be bequeathed free of such duties unless and shall invest the net proceeds of such money in such securities as trustees are by law authorized to invest in and shall hold such investments (hereinafter called my residuary trust estate) upon trust to pay the annual income thereof to the said Laura Helena Rooke during her life she maintaining and educating throughout the said Charles Rooke Rogers during his minority and after her death in trust for the said Charles Rooke Rogers absolutely and as and when he shall attain the age of twenty one years and I bequeath the same accordingly 5. Provided always and I declare that if the said Charles Rooke Rogers shall die in my lifetime or in the lifetime of the said dama Laura Helena Rooke leaving issue such issue being male and attaining the age of twenty one years a being female and attaining the age of twenty one marrying before the marriage shall take the in my residuary estate which the said Charles Rooke Rogers would have taken under the trust in that behalf had he survived one and the said Laura Helena Rooke and attained a vested interest therein 6. Provided further and I declare that if the said Charles Rooke Rogers shall die in my lifetime or in the lifetime of the said dama Laura Helena Rooke without leaving issue sons shall attain the age of twenty one years if of male or if female shall attain the age of twenty one years then she shall in my residuary estate hereinafter bequeathed to him as aforesaid shall be held by my trustees in trust for the said Laura Helena Rooke absolutely and I bequeath the same accordingly 7 And I authorize my trustees after the death of the said Laura Helena Rooke in particularly that with her consent in writing to raise any part or profit not exceeding in the whole a moiety of the then present or presumptive share of the said Charles Rooke Rogers in my residuary estate under the trusts hereinbefore contained and to pay or apply the same for his advancement or benefit in such manner as my trustees may think fit

160 And I declare that if any question shall arise as to the identity of the said Charles Robble Rogers a satisfactory declaration as to such identity made by Dr. Henry Jones of Leeds Fred the Dougie of No 109 Morningside Garden Benjamin Franklin College formerly of Bloomsbury London England but more or less of legume Italy or the said Laura Louisa both shall be accepted by my trustees as sufficient evidence of such identity. 9. My trustees may in their unrestricted discretion postpone during such period as they may think fit the sale calling in and conversion of the whole or any part or parts of any of estate real or personal (including reversions and property of a reclaimable mining or hydrogene nature) but not notwithstanding any such postponement of conversion of my real estate the same shall for the purposes of transmission be considered as converted from the time of my death. 10. I declare that the said Robert Edson Warren and any other executor or trustee for the time being hereunder being a solicitor or other person engaged in any profession or business shall be entitled to charge and be paid all usual professional or charges for any business done by him or his firm in the trusteeship whether in the ordinary course of his profession or business or not and although not of a nature requiring the employment of a solicitor or professional person but anything all former wills and testamentary dispositions heretofore made by me I declare this to be my last Will and Testament In witness whereof I have to this and the two preceding sheets of paper set my hand this fourteenth day of October one thousand nine hundred and sixteen. Charles L. Rogers Signed by the said Charles Severnt Rogers the testator as and for his last Will and Testament in the presence of us witnesses at his request in his presence and in the presence of each other all being present at the same time have hereunto subscribed our names as witnesses the word "of" having been first struck out in the fifth line of the first page and the word "in" substituted therefore Arthur M. Pennington American Consul at Florence peace be to England and Ireland Connecticut the h. L. hobs master 68 North North Street Bishop Alleton Leeds and 61 Albion Street Leeds Solicitor Lolah Joseph St Lawrence S Church Lane Chapel Alleton and 61 Albion Street Leeds Solicitor Lolah Be it known that Charles Severnt Rogers of Lederboron

161 Road in the city of lease who at the time of his death had a fee simple piece of abode at no 40 lowerdon Road aforesaid within the district of the West Riding of the County of York died on the nineteenth day of November 1796 at lowerdon Road aforesaid and be it further known that at the date aforesaid within the last Will and Testament of the said deceased was proved and registered in the District Probate Registry of His majesty's High Court of Justice at Wakefield and that administration of all the estate which by law devolved to and vests in the personal representatives of the said deceased was granted by the aforesaid Court to George Frederick Boughton of Wilsenhall in the county of Stafford Engineer and Scholar Edgar Warren of Leeds aforesaid solicitor two of the Executors named in the said Will Power reserved to the other Executors, dated the 15th day of March 1918 Gross Value of Estate £ 587 15 s 11 d Net value of personal estate £ 370 5 s 11 d 19 folios I hereby certify that the foregoing has been examined with and are true copies especially of the Original Will of Charles Leverett Engle deceased and of the record of probate granted thereof. Given under my hand and the Seal of the District Registry attached to the Probate Division of His Majesty's High Court of Justice at Wakefield this 21st day of March 1918 Bernard H. Thomason Registrar P.S. Kingdom of Great Britain and Ireland, County of York, City of Leeds, Consulate of the United States of America I Percival General Consul of the United States of America at Leeds England, do hereby certify and make known to whom it may concern that Bernard H. Thomason who hath signed the aforesaid instrument and hath affixed his official seal thereto, is a Registrar at Wakefield in the County of York in England, duly authorized, admitted and sworn and to me well known, that his signature to the aforesaid document is true and genuine, and that all acts authorized by the annexed full faith and credit are and should be given. In testimony whereof I have hereunto set my hand and affixed the Consular seal of office at Leeds England, this 17th day of October AD 1918. Percival General Consul of the United States of America Seal £ 1 the Stamp Series no 309 at Leeds, England. Fee $2.00 /g/

162 No 19429 Municipal Court Providence Will of Robert Rogue Filed Nov. 3 1918 Referred to Nov. 26 1918 Notice in the Providence Daily Journal. State of Rhode Island and Providence Plantations. Providence ss at a session of the Municipal Court of the city of Providence, held at Providence on the twenty sixth day of November in the year of our Lord one thousand eight hundred and eighteen. The copy of the Last Will and Testament of Robert Severit Rogue late of the City of Leeds, England deceased, and of the Probate thereof made by the Court of Probate within and for the County of Wakefield, District Probate Division of the High Court of Justice England, presented to this Court by Richard Belanger one of the executors named in the Will of said deceased, together with a request in writing that the same be filed and recorded in the Registry of this Court according to law and that letters testamentary may be issued to him as such executor in Rhode Island; said deceased having left real and personal estate in the state of Rhode Island situated in said city of Providence wherein said will may operate which copy together with said request moreover on the first day of November was received and referred to this day for consideration with an order of notice therein at more ready; notice having been duly given thereon pursuant to said order, And it appearing to the Court that said Will has been duly admitted to Probate by the Probate Court within and for said County of Wakefield District Probate Division of the High Court of Justice England, and no person appearing to oppose said petition, it is ordered that said copy be filed in the Registry of this Court according to law, and that the same be recorded. It is further ordered that letters testamentary in Rhode Island issued to Richard Belanger the first giving bond with sufficient surety for the due performance of said Trust Said executor to give notice of this appointment at least once a week for three successive weeks in the Providence Daily Journal. Emery Robert is appointed appraiser of all the goods, chattels, rights and credits in Rhode Island which vest in void of said Robert Severit Rogue deceased. Entered as directed George A Stone Judge

163 State of Rhode Island and Providence Plantations. Clerks Office of the Municipal Court of the City of Providence in the County of Providence in said state, exercising Probate Jurisdiction S. Louis D. Richardson Clerk of said Court, having by law the custody of the seal, and all the records, books, documents and papers of or appertaining to said Court, hereby certifies that the papers hereunto annexed to be true copies of papers appertaining to said Court, and on file and of record in said office In attestation whereof I have hereunto set my hand, and have affixed the seal of said Court, this 20th day of March AD 1799 L.S. Louis D. Richardson Clerk Received for record May 20 1799 at 8 oclock AM. and recorded by George Colbore Lower Clerk KNOW ALL MEN by these presents, that I Albert G. Barker of Westerly in the County of Washington and State of Rhode Island hereinafter called the grantor in consideration of one dollar and other valuable consideration to me paid by Joseph Morena of Westerly aforesaid hereinafter called the grantee, the receipt whereof is hereby acknowledged, do hereby give, grant bargain, sell and convey unto the said grantee, and his heirs and assigns forever, a certain tract of land situated in the town of Charlestown in said County and State, bounded as follows, on the South by land of Charles B. Darling North by land of the Grantor, North by land of heirs of Perry Healy and East by the highway leading from the Post Road to Bradford, known "Red Hill" so called, or however otherwise described To have and to hold, the aforesaid premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of the said Grantee, and his heirs and assigns, forever. And I the said grantor do hereby for myself and for my heirs, species and administrators covenant with the said Grantee and his heirs and assigns that I own lawfully seised in fee simple of the said granted premises that the same are free from all incumbrances that I have good right full power and lawful authority to sell and convey the same in manner as aforesaid That the said