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Will of Thomas Cornwell

of Wingham, Kent


Source: Prerogative Court of Canterbury 1808
Submitted by Carol Valantine Dugger and Beverley Chapman
This is the last Will and Testament of me THOMAS CORNWELL of Wingham in the County of Kent Gentleman First I direct that all my just Debts Funeral and Testamentary Expences and the several Legacies hereinafter given be paid as soon as conveniently may be after my decease

and I give and bequeath unto each of my Friends John Furley? of the post Office in the City of Canterbury Gentleman and George Plumor of the Middle Temple London Gentleman the Sum of Ten pounds
and all the rest residue and remainder of my property Estate and Effects whatsoever and whensoever and of what nature paid or quality soever the same may be after and subject to the payment throughout of all my just Debts and funeral + and Testamentary expences and the before mentioned Legacies I give and bequeath the same and every part and parcel thereof and all my Estate and Interest therein unto the said John Furley and George Plumor their executors and admors In Trust with all convenient speed after my decease to sell dispose of collect receive and convert the same into Money and place lay out and Invest such Money and all such ready Money as I may leave at my decease and which shall not be disposed of in the payment of my Debts ffuneral and Testamentary Expences and Legacies as aforesaid in their or his own Names or Name in the public Stocks or funds of and in Great Britain at Interest and my Will is that they my said Trustees and the Survivor of them and the Executors and adminors of such Survivor do and shall stand possessor (Note from Margin inserted here) of all such Stocks or funds and likewise all such Stocks or funds as I may be possessed of at my decease and which shall not be disposed of in or for the purpose of paying my Debts funeral and Testamentary Expenses as aforesaid upon the Trusts hereinafter mentioned that is to say

In Trust that They my said Trustees and the Survivor of them and the Executors and Adminors of such Survivor do and shall pay the Dividends Interest and annual proceed of all the said Stocks or funds as the same shall from time-to-time arise and be received into the proper hands of my Daughter Ann Dadds the wife of John Dadds of Wingham aforesaid farmer for and during the Term of her natural life for her own sole separate personal and peculiar use and benefit exclusive and Independent of her present or any future Husband with whom she shall or may intermarry? and who shall not [ .... ] therewith [ .... ] shall the same or any part thereof be subject or liable to his or their power control [ .... ] Engagements Debts or Incumbrances
and my Will is and I direct that the receipts of my said Daughter Ann Dadds signed with [her] own proper hand notwithstanding her present or any future covertion(?) and whether covert or soli shall at all times be good and Sufficient discharges for the said Dividends, Interest and annual proceed to be paid to her or for so much therein of as in and by such receipt or receipts shall be acknowledged or [expressed? ...] to be received

and from and immediately after the decease of my said Daughter Ann Dadds my Will is and I direct that they my said Trustees and the Survivor of them and their Executors and Adminors of such Survivor shall and do stand possessed of and invested in the said Stocks of funds In Trust for all and every the children of my said Daughter Ann Dadds lawfully begotten or to be begotten who shall be living at the time of her decease if more than one in equal parts and proportions share and share alike and if there shall be but one such child of my said Daughter Ann Dadds lawfully begotten living at her decease then In Trust for such one only child and the part or parts and shares of such child or Children therein to be [observed(the word observed is lined out )] transferred to him her or them respectively at his or her or their age or respective ages of Twenty one years and if any one such child shall depart this life under the said age of Twenty one years then my will is that the part or share of him her or them so dying of and in the said Stocks or funds shall go and accrue to and for the benefit of the other Child and Children in such and the like manner to all Intents and purposes as if such Child so dying had never existed and if any other or others of the said Children of my said Daughter Ann Dadds shall happen to depart this life under the said age of Twenty one years then my will is that the part or share or parts or shares [ ....] original as accruing of such other Child or Children so dying shall from time to time go and accrue to and for the benefit of the other Child and Children in such and the like manner to all intents and purposes as it such other Child or Children so dying had never existed
and upon this further Trust that they my said Trustees and the Survivor of them and the Executors or Adminors of such Survivor shall and do in the mean time after the decease of my said Daughter Ann Dadds pay and apply all the Dividends Interest and annual proceed of the said Stocks or funds for and towards the Maintenance and Education of such Child or Children until their respective shares thereof shall become transferable and in proportion for their respective shares therein and in cash---therein shall be no Child of the Body of my said Daughter Ann Dadds lawfully begotten living at the time of her decease or therein living such being such if all and every such Child and Children shall afterwards depart this life under the said age of Twenty one years then I give and bequeath the said Stocks or funds unto the said John Dadds if he then shall be living to and for his absolute use and disposal
but if he shall be then dead then I give and bequeath one(?) or half part of the said Stocks or funds into my next of kin living at the time of the decease of my said Daughter or failure of her [ ...... ] as aforesaid according to the statute made for distribution of Intestate Estates and other monies? or half part of the said Stocks or funds I give and bequeath unto the next of kin of my late wife who shall be living at the time of the decease of my said Daughter or failure of her assigns as aforesaid according to the said Statutes made for distribution of Intestate Estates

and I direct my said Trustees and Trustee for the time being of the said Stocks or funds to transfer the same accordingly provided also an my will further is that it shall and may be lawful to and for my said Trustees and the Survivor of them and the Executors or Adminors of such Survivor at any time or times after the decease of my said Daughter to transfer and dispose of any part or parts of the apparent share or shares portion of portions of her Child or Children and to pay and apply and dispose of the produce thereof for the putting of such Child or Children in or to any Business profession or employment or otherwise for his her or their performance advancement in the world /\ (Margin Note to insert here) “ notwithstanding” his she or they shall not then have attained his her or their said age or respective ages of Twenty one years provided also and my will further is that it shall and may be lawful to and for my said (“said”is lined through here)Trustees and Trustee for the time being to alter, transpose and change all any every or any of the said Stocks or funds which or may be [.....] in them from time to time under and by virtue of this my will for and to other Stocks or funds of the like nature when and so often as they and he shall [......] advisable

provided always and I do hereby expressly declare my will to be that if the said John Dadds shall at any time to the Satisfaction of my said Daughter and of my Trustees or Trustee for the time being or their or his Counsel will and effectually [ .... ] [ ...... ] and aforesaid freehold Estates of [ ...... ] free from all Incumbrances the net profits whereof shall be equal to the Interest and Dividends of the before mentioned Stocks or funds upon and for the benefit of my said Daughter and of her Child or Children and other the person or persons who would be entitled under this my will to the Stocks or funds aforesaid and the Interest or Dividends thereof and in such and the same manner and respect as [was? .... ] as can or may be done from the different natures of the premises and with such additional powers as from the nature of the property may be divided advisable to be given that then and in such case from and after such Settlement shall be made and I therefore direct that my Trustees or Trustee for the time being do and shall transfer the said Stocks or funds hereinbefore mentioned unto the said John Dadds to and for his own absolute use and benefit

and I do hereby nominate constitute and appoint the said John Furley and George Plomer Executors of this my Will and I hereby declare my will to be that if shall and may be lawful to and for my said Trustees and Executors and each of them and their respective Executors and Adminors by and out of all or any of the Monies which by virtue of this my will or any Trust therein declared shall come? to their or any of their hands to divert retain to and reimburse themselves all such reasonable Costs Charges and Expences as they respectively shall or may sustain expend or be put unto in or about the Execution of this my Will and also that they and their respective Executors and Adminors shall be charged and chargeable only every? of them for and with his own respective receipts payments acts and wilful defaults and not otherwise and shall not be charged or chargeable with or for any Sum or Sums of Money other than such as shall actually and respectively come to his and their hands by virtue of this my will nor with or for any loss or damage which may happen in or about the Execution of all or any of the Trusts hereby in them reposed without his or their respective willful defaults

and lastly hereby revoking all former wills by me made I declare this to be my last Will and testament In witness whereof I the said Thomas Cornwell the Testator have to be the first four Sheets of this my last Will and Testament in five Sheets of paper contained set my hand and to this fifth (sic) and last Sheet thereof set my hand and affix my Seal this Tenth day of September in the year of our Lord one thousand eight hundred and Six THOS CORNWELL -
Signed and published and declared by the said Thomas Cornwell the Testator as and for his last Will and Testament in the presence of us who at his request and in the presence of each other have hereunto Subscribed our names as Witnesses hereto
HENRY DENNE - THOMAS DENNE

THIS WILL was proved at London the First day of April in the year of our Lord one thousand Eight hundred and Eight before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the prerogative Court of Canterbury lawfully constituted by the oaths of the said John Furley and George Plumor the Executors named in the said Will to whom administration was granted for all and Singular the goods chattels and credits of the said deceased they having been first sworn duly to administer // to wit the said John Furley by commission and the said George Plumor before his Worshipful George Ogilvie Doctor of Laws and Surrogate of the said Commissary // Ex o


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Will of Thomas Cornwell
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