Search billions of records on Ancestry.com
   

Will of Davies Deane

of Wrotham, Kent


Source: Probate 31 Aug 1815
Transcribed by John Crowson
This is the last Will and Testament of me Davies Deane of Crouch in the parish of Wrotham in the County of Kent Gentleman First and most principally I commend my soul into the hands of Almighty God Creator and my body I commit to the Earth to be decently buried at the discretion of my Executor hereinafter named and as for suche worldly Estate as it hath pleased God to bless me with I give and dispose thereof as follows (that is to say)
In the first place I order and direct that all such just debts as I shall owe at the time of my decease my funeral & testamentary & other expenses shall be paid & satisfied with all convenient speed after my decease

and I give & bequeath unto my Nephews Thomas Deane of Ightham In the said County of Kent Shopkeeper & Richard Deane of Ightham aforesaid Malster and to the Survivor of them & the Exors and admors of such Survivor the sum of one thousand & six hundred pounds of lawful English money upon the several trusts & to & for the several ends intents & purposes hereinafter expressed and declared of & concerning the same that is to say upon trust that they my said Trustees & the Survivor of them his Exors or Admors do and shall with all convenient speed after my decease invest & continue the said sum of one thouand & six hundred pounds at interest on Real or Government Security or Securities in their or his names or name with full power to call in & reinvest the same on fresh security or securities and so from time to time to alter vary and transpose the security or securities on which the same shall be invested as often as my said Trustees or the Survivor-of them his Exors or Admors shall think proper

and then upon trust that they my said Trustees or the Survivor of them or the Exors or Admors of such Survivor do and shall pay to or otherwise permit & suffer my Daughter Mercy Deane the wife of James Deane to have receive & take the interest dividends & proceeds of the said trust monies by two equal half yearly payments where & as the same shall become due & payable for and during the term of her natural life to and for her own sole & separate use & benefit exclusive of the said James Deane her husband and over which neither he nor any future husband of the said Mercy Deane shall have any Controul or intermeddling whatsoever and that-the same or any part thereof shall not be subject to the debts disposal or Engagements of the said James Deane or any after-taken husband of the said Mercy Deane but that the Receipt and Receipts of the said Mercy Deane the wife of the said James Deane notwithstanding her Coverture or of such other person or persons as she shall appoint to receive the same shall from time to time and at all times be a sufficient discharge and sufficient discharges to the said Thomas Deane and Richard Deane or the Survivor of them his Exors or Admors or the person or persons so paying the same for so much money as shall be by her or them thereby acknowledged to be received and from & after the decease of the said Mercy Deane then upon trust that they the said Thomas Deane & Richard Deane or the Survivor of them or the Exors or Admors of such Survivor do and shall pay to or otherwise permit & suffer the said James Deane (in case he shall then be living) and his assigns to have receive and take the interest dividends and proceeds of the said trust monies where & as the same shall become due & payable for & during the term of his natural life to and for his and their own use & benefit and from & immediately after the decease of the Survivor of them the said Mercy Deane and James Deane then upon trust that they the said Thomas Deane and Richard Deane or the Survivor & of them or -the Exors or Admors of such Survivor do and shall pay transfer or assign the said principal trust monies and the Securities in or upon which the same or any part thereof shall be then placed or invested unto such person or persons for such interest or interests in such proportions sort manner and form and subject to such provisions conditions payments restrictions as the said Mercy Deane (notwithstanding her coverture and whether she shall be covert or she shall by any Deed or Deeds in writing to be by her sealed and delivered or by her last Will and Testament in writing or any writing purporting to be or in the nature of her last Will & Testament or any Codicil or Codicils thereto to be by her executed and published in the presence of and to be respectively attested by two or more credible witnesses direct limit appoint give or bequeath the same and for want or in default of such direction limitation appointment gift or bequest and as to so much and such part or parts thereof whereof no such direction limitation appointment gift or bequest shall be made and when and as the interest or interests ends intents or purposes for which the same or any part thereof shall be so directed limited appointed given or bequeathed shall respectively cease and determine then upon trust to pay assign & transfer the said principal trust monies or so much thereof as shall not be disposed of in manner before mentioned unto & amongst all & every the Child and Children of the said Mercy Deane lawfully begotten or to begotten which shall be living at the time of the decease of the Survivor of them the said Mercy Deane and James Deane and to the Issue of such of them as shall happen to be then dead leaving lawful issue equally share & share alike to be paid & payable and transferred to such Children or Grandchildren of the said Mercy Deane as shall then have attained the age of twenty one years within one month next after the decease of the Survivor of the said Mercy Deane and James Deane & to the others or other of them within one month next after they he or she shall respectively attained the said age of twenty one years and the interest thereof or so much thereof as my said Trustees shall think fit to be in the mean time applied for towards their his & her maintenance & education provided nevertheless that the Issue of any deceased Child or Children of the said Mercy Deane shall not be entitled to receive or take any larger share of the said trust monies than his her or their deceased parent or parents would have been entitled to if living and in case any or either of the said Children of the Mercy Deane shall happen to depart this life under the said age of twenty one years without leaving lawful issue surviving then upon trust to pay or transfer the part or share or parts or shares of him her or them so dying under the said age & without leaving lawful issue him her or them surviving unto & equally between the Survivors of the said Children of the said Mercy Deane (if more than one) and if but one then to such only survivor his or her Exors or Admors and if there shall be no Child or Grand Child of the said Mercy Deane living at the time of the decease of the Survivor of them the said James Deane and Mercy Deane then upon trust for and to pay assign and transfer the said principal trust monies and the Securities in or upon which the same shall be placed out or invested and all interest then due thereon (or so much of the said principal & interest monies as shall not have been disposed of by the said Mercy Deane in pursuance of the power hereinbefore given to her) unto the person or persons who shall be the next of kin of the said Mercy Deane according to the Statute for distribution of an intestate's personal estate of her own blood and family exclusive of the said James Deane her husband

Also I give & bequeath unto my said Nephew Richard Deane the sum of one hundred pounds of like lawful English money to be paid to,him by my Executor within twelve months next after my decease

and as to all the Rest Residue and Remainder of my monies and securities for money money in the public funds mortgages Bonds Bills Notes and Book Debts and likewise all my household furniture Goods Chattels Effects and personal Estate whatsoever and wheresoever and of what nature kind or quality soever (after payment of my just debts funeral & testamentary Expenses and the Legacies hereinbefore given) I do hereby give & bequeath the same unto my two daughters Elizabeth the wife of William Harrison and the said Mercy Deane to be equally divided between them share and share alike provided always and I do hereby declare my will to be that it shall and may be lawful to and for my said Trustees respectively and their respective heirs Exors Admors & Assigns to retain to and reimburse themselves & himself respectively and to allow to his Co Trustee respectively out of any of the trust monies which shall come to their or either of their hands all such reasonable costs charges damages and Expenses as they or either of them shall respectively incur sustain or be put unto in and about the execution of the trusts hereby in them reposed and that neither of them shall be answerable or accountable for the other of them or for the heirs EXors Admors or Assigns of the other of them but each of them for himself and for his own acts and deeds onIy & not otherwise nor for any loss or losses which shall or may happen in or to the said trust monies unless the same shall be or happen by or through his or their own wilful neglect or default and not otherwise and lastly I do hereby constitute and appoint my said Nephew Thomas Deane Sole Executor of this my will and hereby revoking all former wills I declare this only to be my last Will & Testament In witness whereof I the said Davies Deane the Testator have to this my last Will and Testament contained in five sheet of paper put my hand and seal (to wit) to the first four sheets my hand and to this fifth and last sheet my hand & seal this twentyninth day of April one thousand eight hundred and fourteen DAVIES DEANE (L.S)
Signed sealed published. and declared by the said Davies Deane the Testator 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 subscribed our names as witnesses
C.W.Parker of Wrotham--Richar'd. Crow, Sevenoaks

PROVED at London 31st August 1815 before the worps John Danbury Dr of Laws & by the oath of Thomas Deane the Nephew of the deceased the sole EXor to whom admon was granted having been first sworn duly to admr .


Return to Kent Genealogy

Will of Davies Deane
Created by Maureen Rawson