TOLLE DOCUMENTS
The Will of Roger Tolle of St Mary's County, Maryland. Written 8 November 1708 and probated 22 January 1709.
"In the name of God Amen I Roger Tolle of St Maryes County in the province of Maryland planter being sick in body, but thanks be given to almighty God of sound and perfect mind and memory doe make my last will and testament in manner and form following, first and principally, hereby revoking and nulling all former wills by me made. item I give and bequeath my soule to almighty God my creator from whom it comes, and my body to the earth, to be decently buried at the disposition of my executors hereafter named, and as for worldly estate it hath pleased almighty to bless me with far above my desserts, my will is that it be disposed of in manner and form as followeth (viz) - Item I give and bequest unto my loving sonn Thomas Tolle all that tract or parcell of land called Last Shift containing one hundred acres, lying in St Maryes County to him and his heirs, but if in the said Thomas Shall happen to dye without issue, that ten the said hundred acres of to fall to my grandson Roger Tolle sonne of Tobias Tolle, and his heirs and assignes forever - Item I give and bequeath unto my loving son Tobias Tolle, one hundred acres commonly called by the name of Chancellers Old Orchard, during my lease to him his heirs and assigns. Likewise I give and bequeath unto my said son Tobias Tolle, one cow called Columpas - Item I give unto my sonne Thomas Tolle one cow called old Lovely and her increase - I give and bequeath unto my sonn John Tolle one cow called Colly and her increase. - Item I give and bequeath unto my daughter Mary Tolle one cow called young Lovely. I likewise give and bequeath unto my daughter Mary the feather bedd that she now lyes upon - Item I give and bequeath unto my daughter Usley Tolle the feather bedd i now lye upon and also a cow named Hon - Item I give unto my daughter Tamer Tolle the cow called Wilding and her yearling being a cow yearling - Item I give unto my son John Tolle one mare colt about eight months old and to his assignes - Item I give and bequeath unto my said daughter Mary one Dark withered Boldfaced mare to her and her assignes - Item I give and bequeath my sonn Timothy Tolle and my daughter Elizabeth Toll all the remainder of the land mentioned in my lease which is about two-hundred acres to be equally divided between them during the said lease and it is my will and desire that my daughter Mary live upon my said plantation until she be maryed or that she be willing to remove herself - Item I give unto my grandson Roger Tolle one heifer called pretty and her increase - Item it is ye will and desire that all the rest of my sheep be equally divided among the rest of my children the first spring after my decease - Item I give unto my daughter Mary Tolle one single black trunk - I give all the rest of my estate to my loving son Timothy Tolle and to my loving daughter Elizabeth Tolle to be equally divided between them after my just debts are paid. It is my will and desire that my son Tobias pay the yearling rent of that hundred acres of land which I have left him according to the lease - Lastly I constitute, ordaine and appoint my said son Timothy Tolle and my daughter Elizabeth Tolle sole executors of this my last will and testament and it is my desire that my son Tobias Tolle have power as executor in trust for my daughter Elizabeth during her minority and when she comes to age to be accountable to her for same. In witness whereof I herunto sett my hand and seal this eigth day of November 1708"
This will was signed and sealed by Roger Tolle, and witnessed by John Miller; Ann Miller and William Aisquith.
[ Prerogative Court (Wills) Liber 13, Folio
24-26 and Liber 1, Folio 157 ]
The Will of Roger Tolle3 of Fauquier County, Virginia. Written 2 February 1778 and entered into probate on 22 May 1780.
" In the name of God amen I Roger Tolle of Fauquier County being sick of body but of good and perfect memory thanks be to God for the same and calling to remembrance the uncertainty of this life that all flesh must yield unto death when it shall please God to call and in order to settle my temporal affairs and dispose of those worldly goods which through the providence of God I have received I do make this my last will and testament in manner and form following. First I commit my body to Earth at Gods appointed time and my soul unto his from whence it came hoping in his mercy to be expected and my temporal estate such as land goods and chattels and the like I do order give and dispose the same as followeth that is my intent and desire that my dear and loving wife Sarry Tolle is to have the full possession and enjoyment of my whole estate both real and personal and during the time of her widowhood and the determination of that same for the above mentioned estate to be disposed as followeth. Item I give unt my son Roger Tolle five pounds current money. I also give unto my son George Tolle five pounds current money. I also give unto Susanna Tolle, daughter of my son Jonathan Tolle five pounds current money after that I requier and desire that my tract of land and improvements on which I now dwell to all to be sold to the hightst bidder and the money thereof likewise the rest of my estate shall be equally divided among all my children after my debts is paid off. Their names as follows. Jonathan Tolle, John Tolle, Ann Squires, Roger Tolle, James Tolle and Stephen Tolle. I do hereby make and appoint my loving wife Sarry Tolle and my son Roger Tolle and Stephen Tolle full executors of this my last will and testament and utterly revoking disannulling and making void all former wills and bequests by me made and declaring this only to be my last will and testament. In witness whereof I do set my hand and seal this second day of February one Thousand seven hundred and seventy eight."
This will was signed and sealed in the presence of Edward Turner, Mary Turner and Elizabeth Grogans.
[ Fauquier County, Virginia Will Book 1,
page 390 (will) and page 408 (inventory) ]
Deed to Roger Tolle3 from Burgess Smith and his wife Alice, dated 21 March 1767.
"THIS INDENTURE made the twenty first day of March in the year of our Lord Christ one thousand seven hundred and sixty seven between Burgess Smith and Alice his wife of the County of Lancaster and colony of Virginia of the one part and Roger Touls of Fauquier County and conlony aforesaid of the other part - WITNESSETH that the said Burgess Smith and Alice his wife for and in consideration of the sum of fifty four pounds current money of Virginia to them in hand paid by the said Roger Towls the receit whereof to the said Burges doth hereby ackowledge and of and from every part - WHEREOF he doth fully and absolutely acquit and discharge the said Roger Towls his heirs and assigns and every of them by these presents hath given, granted, bargained, sold aliened, ----- confirm release and deliver and by these presents doth fully clearly and absolutely give grant, bargain, sell alien ----- confirm release and deliver unto the said Roger Towls his heirs and assigns forever a certain piece or parcell of land containing one hundred and eighty acres situate lying and being in the county of Fauquier andcolony of Virginia near Goose Creek and is part of a large tract of land taken up by Mr Charles Burgess deceased and is the lott number twenty two as may be seen on the plott on record in the clerks office of the county of Dauquier relation thereunto being had may and will more fully appear and is bounded as followeth Viz: BEGGINNING at a red Oak corner to the lotts number twenty one, sixteen and fifteen thence extending S 27 1/2 W 160 poles to a red Oak corner to the lotts twenty, twenty three and twenty four thence extending S 70 E poles to a white oak on the back line comes to the lott number twenty three thence extending N 27 1/2 E 160 poles to a white oak thence N 60 W 180 poles to the beginning White Oak TOGETHER with all houses, out houses trees Ways Water and watercourses and all appurtances thereunto anywise belonging or appurtaining and the reversion and reversions remainder and remainders of and of every part of athe same and all the right title property claim and demand whatsoever of them the said Burges Smith and Alice his wife their heirs and assigns have or ought to have in and to the said one hundred and eighty acres of land or any part thereof TO HAVE AND TO HOLD above mentioned and hereby intended to be granted bargained and sold unto the said Roger Touls his heirs Exrs Admrs and the said Burges Smith and Alice his wife for themselves their heirs. We shall at all times forever hereafter peaceable and quietly have hold occupy possess and enjoy all and singular the above granted land and premises with all its appurtenances thereunto or by them the said Burgess Smith and Alice his wife for themselves their heirs we do warrant and forever defend by and the said Burgess Smith and Alice his wife for themselves their heirs we do warrant and forever defend by these presents unto the said Roger Towls his heirs and assigns the above granted one hundred and eigty acres of land with the appurtenances free of and from all incumbrances whatsoever in testemony of all the premises the said Burges Smith and Alice his wife hath hereuntoo set their hands and affixed their seals the day and year first mentioned."
This deed was signed and sealed by Burgess Smith and Alice Smith and delivered in the presence of James Murray; Robert Munday and William Pearnil.
[Fauquier County, Virginia Deed Book 6, pages 291-292]
Deed of the heirs of Roger Tolle dated 24 September 1787 in Fauquier County, Virginia. (Some words I was not able to decifer as noted by the blanks in this document)
"This indenture made this 24th day of September in the year of our Lord one thousand seven hundred and eighty seven between Jonathan Tolle and Catherine his wife, John Piles and Ann his wife and Roger Tolle of Loudoun County and George Tolle and Susanna his wife and Stephen Tolle of Fauquier County in the Colony of Virginia and James Tolle and Catherine his wife of New Purchase of the one part and Thomas Phillips of Loudoun County in the Colony of Virginia of the oter part Witnesseth that the said Jonathan Tolle and Catherine his wife for and in consideration of one negro girl named Sarah and twenty five pound cash to them in hand paid by the said Thomas Phillips at and before the sealing and delivery of these presents the receipt whereof is hereby ----- and acknowledged have granted presents do fully truly and absolutely grant bargain sell alien release and confirm unto the said Thomas Phillips (in his actual possession now being by virtue of a bargain and sale to him thereof made for one year by indenture having ----- the day next before the transfering of ----- into possession) and to his heirs and assignes forever all that tract or parcel of land lying and being in the said county of Fauquier and bounded as follows Viz. Beginning at a hicory bush corner to one hundred acres of the same tract and sectioning thence one of the original lines south 70 East 77 poles to a white oak then North 27 1/2 East 160 poles to a white oak then North 60 West 77 poles to a white oak then South 25 West 159 poles to the beginning containing eighty acres which said parcel of land is part of the said one hundred and eighty acres conveyed by Burgess Smith to Roger Tolle. Reverence being had to the records thereof may more fully and at large appear and all houses, buildings, orchards, meadows, trees, woods, water, watercourses easements rights, advantages and ----- whatsoever to the said tract or parcel of land belonging or in anywise appurtaining and the revision and revisions remainder and reminders rents and services of all and singular and the said premises above mentioned with the appurtenances and also all the estate right title interest, claim and ----- and whatsoever of them the said Jonathan Tolle and Catherine his wife John Piles and Ann his wife and Roger Tolle and George Tolle and Susanna his wife and Stephen Tolle and James Tolle and Catherine his wife of in and to the said premises and all deeds evidences and ----- ----- or concerning the said premises only or any part thereof now in the custody of the said Jonathan Tolle and Catherine his wife, John Piles and Ann his wife, Roger Tolle and George Tolle and Susanna his wife, Stephen Tolle and James Tolle and Catherine his wife or which they can get or procure without suit in law or equity to have and to hold the said tract or parcel of land and premises above mentioned and every part and parcel thereof with the appurtancences unto the said Thomas Phillips his heirs and assignes to the only proper use and behoof of him and the said Thomas Phillips his heirs and assigns forever and the said Jonathan Tolle and Catherine his wife, John Piles and Ann his wife Roger Tolle and George Tolle and Susanna his wife Stephen Tolle and James Tolle for themselves their heirs and assigns do ----- and grant to and with the said Thomas Phillips his heirs and assigns shall and may forever hereafter peacably and quietly have hold possess and enjoy the said tract or parcel of land and all and singular the premises above mentioned with the appurtenances without the ----- trouble hindrence molestation interruption and denial of them the said Jonathan Tolle and Catherine his wife John Piles and Ann his wife Roger Tolle and George Tolle and Susanna his wife Stephen Tolle and James Tolle and Catherine his wife or either of them or of any ----- person or persons whatsoever and that freed and discharged or otherwise with and sufficiently saved kept harmless and indemnified and from all forever and grants bargains sales gifts leases mortgages ----- wills intails ----- ----- bonds judgments executions rents and ----- of rents and of and from all charges estates rights titles troubles and encumbrances whatsoever had made committed done or suffered or herafter to be had made committed done or suffered by the said Jonathan Tolle and Catherine his wife John Piles and Ann his wife Roger Tolle and George Tolle and Susanna his wife Stephen Tolle and James Tolle and Catherine his wife or either of them or by any other persons or persos whatsoever (the quitrents hereafter to ----- due and payable to the lord proprietor of the ----- premises only ----- and -----) In witness whereof the said Johnathan Tolle and Catherine his wife John Piles and Ann his wife Roger Tolle and George Tolle and Susanna his wife Stephen Tolle and James Tolle and Catherine his wife have hereunto set their hands and affixed their seals the day and year first above written"
Sealed and delivered in the presence of Johathan Tolle, John Piles (his mark) Ann Piles, Roger Tolle, George Tolle, Susanna Tolle, Stephen Tolle.
also
"September Court 1787: Indenture of Lease & release between Johnathan Tolle, John Piles and Ann his wife, Roger Tolle, George Tolle and Susanna his wife, and Stephen Tolle of the one part and Thomas Phillips of the other part and a receipt theron endorsed were acknowledged by the said Jonathan Tolle, John Piles and Ann his wife, Roger Tolle, George Tolle and Susanna his wife and Stephen Tolle (The said Ann and Susanna being first privately examined as the law directs) to be their act and deed and ordered to be recorded."
[Fauquier County, Virginia Deed Book 9, pages 457 thru 461. Also Fauquier County, Virginia Court Records of September 1787]