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Will of John Denne

of Ickham, Kent


Source: Consistory Court of Canterbury Vol.51 folio 175
Transcribed by Brian Denn
In the name of God Amen the eight day of March 1633 I John Denne of the Parish of Ickham in the County of Kent, yeoman being weak of body yet of perfect and good remembrance the Lord be praised for it and for all his other blessings bestowed upon me I do here make this to be my last Will and Testament revoking all other wills that I have heretofore made or intended for to have made either by deed or words will in writing or any otherwise whatsoever ? I do here make and ordain this to be my last Will and Testament in manner and form following. First I bequeath my Soul into the hands of Almighty God assuring my fate by the death and resurrection of Jesus Christ to have full pardon and forgiveness of all my sins and by no other means and my soul to inherit eternal life and my body to be decently buried in the churchyard of the Parish of Ickham at the discretion of my Executor which shall be hereafter named. And as for my worldly goods I give them as follows.

First I give unto eight men which shall carry me into the church at the day of my burial ? ? 18 pence apiece to be paid unto them by my Executor hereafter named.
Item I give unto the poor people of Ickham aforesaid 30s.
Item I give to the poor of the Parish of Wingham ten shillings.
Item I give the poor of Wickhambreaux 10s.
Item I give to the poor of Littlebourne ten shillings.
All which several legacies my will is shall be paid into the hands of the churchwardens or overseers of the parishes at the day of my burial or within ten days after by my Executor hereafter named to be distributed by them to the poorest people of each of these parishes aforesaid.
Item I give to the poor people of the Parish of Ickham 10s every year yearly for ever to be paid by my Executor hereafter named and the first payment of 10s to be paid them ? ? after ? day after my decease into the hands of the churchwardens or overseers of Ickham aforesaid at the time being and the same so to be distributed the day of the receipt thereof by the churchwardens or overseers at that time being with the advice of my Executor and his survivors after him where most need shall require. But if it happen that the yearly legacy ? be behind and unpaid by the space of seven days after in which ? right it ought to be paid then my will is that the churchwardens and overseers of the ? aforesaid at that time ? shall enter and distrain in and upon one piece or parcel of land called ? lying and being in Ickham aforesaid and ? to a wood called ? wood and the distress or distresses there ? and take lawfully to lead drive or carry away and the same to impound and keep ? legally until the gift(?) of 10s shall be satisfied and paid with the costs and charges that shall arise thereby if any be the same being afore lawfully demanded.

Item I give and bequeath unto Margery Denn my wife all my bills and bonds of debt and ready money which shall be in my keeping at the day of my death.
And all my household stuff beds and ? and all my household ? and commodities whatsoever that shall be ? at the day of my death within those premises or parts of the house where I now dwell and reside in ? forever(?) and excepted out of his former trust and legacy bequeathed unto Margery Denn my wife a coffer or box with all things that shall be in it at the day of my death which coffer or box is in the chest that does stand next unto the door in the same chamber wherein I do usually lie or lodge.
And my will is that the same coffer or box shall be delivered by Margery my wife unto my Executor immediately after my decease with all things whatsoever that shall be in the same coffer or box aforesaid at the year of my death ? furthermore I give unto Margery Denn my wife all the burning wood that shall be mine at the hour of my death within the court or yard and in the house wherein I do usually laying wood in. And also I do give her all my ? that shall be in the wood house foresaid.
And also I give unto Margery Denn my wife twenty pounds of current English money to be paid unto her within one month after my decease by my Executor hereafter named and likewise I do give unto her twenty pounds more to be paid unto her or unto her assigns within five years after my decease and the same for to be paid at my now dwelling house in Ickham aforesaid being lawfully demanded and also I do give unto her five sufficient loads of wood every year yearly during her natural life and the same to be brought and laid down at a convenient place within the courtyard of my dwelling house in Ickham aforesaid by my Executor hereafter named or otherwise he to give unto her fifty shillings of money every year in lieu and satisfaction of the five loads of wood and the same for to be of her choice whether she will have wood or money.
And also I do give unto her two kine one sow hog and my will is that my Executor shall winter them and summer them every year yearly in the courtyard or pasture as he does his own usually during the natural life of the said Margery my wife. And also I do give unto her twelve bushels of wheat and twelve bushels of malt of the best every year during her natural life and also I do give unto her six bushels of apples and six pounds of hops every year for the term aforesaid if there shall be so many yearly ? within the orchard and hop garden and also I do give unto the said Margery my wife during her natural life the benefit ? and profit of all these rooms or part of the house in which we now dwell in and which I have reserved unto my own use and the benefit and use of the lower garden where the ? do grow and the use of the pigsty at the end of the barn and the use of the middle house next unto the ? house for her to lay her wood in and also such use of the kitchen to brew and to the oven to bake and at the well for water so often as she shall have occasion to use those places aforesaid about her necessary business with free liberty of ingress egress and regress for the said Margery or her assigns to go to and again to enjoy these places beforesaid during the term of the natural life of the said Margery my wife and also as much thatch or straw as will serve her ? time(?) to brew and bake and in doing her other necessary business withall.
And also as much land as will contain to sow a ? of hemp seed in June also I bequeath unto Margery my wife ten pounds of current English money every year yearly during her natural life and the same for to be paid quarterly with fifty shillings a quarter and the first payment of fifty shillings to begin for to be paid the Wednesday three months next after my decease and so every Wednesday three months fifty shillings during her natural life and the same for to be paid at my now dwelling house in Ickham aforesaid by my Executor hereafter named.

But if the said Margery Denn my wife shall be desirous at any time after my decease to leave these benefits and profits in and about this my house and land which are heretofore given unto her and the ten pounds a year afore mentioned in this my will and to dwell elsewhere at her will and pleasure then my will and meaning is that my Executor shall pay unto her twenty pounds a year in lieu and full recompenses of the former legacies before given unto her in this my will and the same for to be paid quarterly ? five pounds a quarter and the first payment of five pounds to begin to be paid the Wednesday three months next after her departure from this my house and so every Wednesday three months during her natural life and the same for to be paid at my now dwelling house in Ickham aforesaid being demanded provided always that if the said Margery Denn my wife shall or do at any time after my death sue or seek to recover her dower of widows rights in these my houses and lands lying in Ickham and Wingham aforesaid that then my will is that the said Margery my wife shall have no benefit nor profit of all by this my will ? if any of her gifts and legacies or bequeaths which I have before willed given or bequeathed unto her in this my will for all the ? ? gifts and bequeaths which I have before given unto her in this my will shall be and is in lieu and full recompense of her dower of widow right ? her the said Margery my wife may or can any way demand claim or challenge in any part of those my houses and lands or hereditaments lying in Ickham and Wingham before said. And furthermore my will and intent and true meaning of this my will is that the said Margery Denn my wife shall within ten days next after my decease make her election whether that she will waive and refuse her title of dower of widow right in those my houses and lands aforesaid and except of the legacies before given unto her in this my will ? which if she shall accept the legacies before given unto her in this my will that then she shall within four days after her election make a release under her hand and seal and deliver it unto my Executor or his assigns for a full discharge of all her right and title of dower of widow right that she can or may any ways demand or lay claim or challenge unto in any part of those my houses and lands lying in Ickham and Wingham aforesaid.

Item I give unto William Denn the son of Thomas Denn my brother deceased one bond of debt of fifty pounds which fifty pounds the said William Denn has in his hands already and my will is that the said bonds shall be delivered unto him immediately after my decease either by my wife or by my Executor in which of their custody or keeping the said bond shall at that time be known for life(?).
Item I do likewise give unto the said William Denn four score pounds of current English money to be paid unto him or his heirs or assigns within one quarter of a year next after my decease at my now dwelling house in Ickham aforesaid by my Executor hereafter named.
And I do likewise give unto the said William Denn six score pounds of current English money and the same for to be paid unto him or his heirs or assigns at their several ? at my now dwelling house in Ickham aforesaid by my Executor hereafter named ? £20 at due payment and the first payment of twenty pounds to be paid the Wednesday twelve months next after my decease and for every Wednesday following £20 until the sum of three score pounds lawfully paid.

Item I give unto William Denn the son of Michael Denn late of the Parish of Fairfield deceased at the expiration of the said William his apprenticeship towards half a years schooling for to learn to write and read ten pounds and the same for to be paid into the hands of William Denn his uncle and assigned guardian and he to see that the said William shall be taught to write and read sufficiently if he the said William will be ruled and governed by the said William his uncle and assigned guardian. But if the said William will not be ruled by his uncle aforesaid at the expiration of his apprenticeship then my will is that the said ten pounds that should have been towards the said William his learning to write and read shall be to the use and benefit of the said William Denn his uncle and assigned guardian.
Item I give unto William Denn the son of Michael Denn deceased the sum of six score pounds of current money of England to be paid to him his heirs or assigns by my Executor hereafter named upon as that he the said William Denn shall attain the full age of four and twenty years.

Item I give unto John Denn brother of the said William Denn and son of the said Michael deceased the sum of three score pounds of current English money to be paid unto him his heirs or assigns by my Executor hereafter named upon ? the said John Denn shall attain the age of 24 years.
But if either of these two brothers William or John do depart this life in their ? is ? before that they shall attain the ages of one and twenty years then my will is that this part so dying shall ? and be paid unto him that shall be then alive if that he shall ? the ? one(?) years providing(?) always and my will is that the bequests here fore bequeathed unto the fore two brothers (that is to say) William and John shall not be paid until they shall attain the several ages of four and twenty years neither that the other live or die then I give unto Margaret Denn the daughter of the said Michael Denn deceased the sum of twenty pounds to be paid unto her by my Executor hereafter named when as ? she shall accomplish the age of twenty years and the sum to be paid at my now dwelling house in Ickham aforesaid being by her lawfully demanded provided always that if it fortune that the aforesaid William Denn and John Denn brothers unto the said Margaret Denn do fortune to depart this life in their ? then my will is that the said Margaret Denn sister shall have twenty pounds of this ? of money which should have been paid unto the said William and John her brothers.

Item I give unto John Stodden my godson twenty pounds to be paid unto him at the age of one and twenty years if he so long shall live but dying before the age of 21 years then my will is that the same shall be paid unto the poorest of Kingston(?) by the mother of the said John.
Item I give unto Thomas ? my godson twenty pounds to be paid unto him at the age of 23(?) years.
Item I give unto George ? the son of ? ? of Ickham aforesaid ? or his assigns within one year ? ? after my decease.
Item I give unto John Johnson my godson ten(?) pounds to be paid unto him at his age of one and twenty years.
Item I give unto George Wood the son of ? Wood of Ickham aforesaid forty shillings to be paid unto him at the age of one and twenty years but if it happen that the said John Johnson or the said George Wood do fortune to depart this life afore that they do attain the ages of 21 years as aforesaid then my will is that the one of them shall be the others heir and the portion of money afore given unto them in this my will.
Item I give unto Catherine Elnor the daughter of William Elnor my kinsman of Ickham aforesaid ten pounds to be paid unto her at the age of eighteen years or at her day of marriage which shall first happen so to ?
Item I give unto Thomas Bentley my kinsman twenty pounds to be paid unto him at the age of 21 years if he so long shall be.
Item I give unto James Bentley my kinsman ten pounds to be paid unto him at the age of one and twenty years if he so long shall live but if either of these two brothers depart this life in their ? the one take the others half of this legacy afore given unto them in this my will.
Item I give unto Richard Austen the son of Richard Austen late of Wickhambreaux deceased ten pounds to be paid unto him at the age of one and twenty years.
Item I give unto Edward Hogben and Margaret Hogben two of the children of Thomas Hogben of Wingham the elder four pounds ? forty shillings a year and the same for to be paid unto them as they shall attain unto the age of 21 years but if either of them depart this life afore they shall accomplish the age of 21 years then my will is that his or her part so dying shall be ? paid unto her or him that shall accomplish said ? Item I give unto ? ? ? and every ? the ? ? ? the ? of ? the ? following.

Item I give unto Richard Forstall Henry Forstall and Margaret Forstall the children of Richard Forstall late of Wickhambreaux deceased ? forty shillings apiece and the same for to be paid unto them as they shall attain unto the age of 21 years but if either of them depart this life before that they shall accomplish the age of one and twenty years then my will is that his her or their part so dying shall be equally divided and paid unto her him or them that shall be then alive as they shall attain the age aforesaid
Item I give unto the children of John Nettingham(?) that are now born unto him by Elizabeth Forstall my kinswoman his wife ten pounds apiece and the same for to be paid unto them as they shall attain unto the age of 21 years but if either of them depart this life before they shall attain unto the age of 21 years then my will is that his her of their part so dying as aforesaid shall be equally divided and paid unto her him or them that shall be then alive as he she or they do accomplish the age aforesaid.
Item my will is that all these legacies before given in this my will shall be paid by my Executor hereafter named as they shall be due for to be paid being lawfully demanded.

And whereas it does plainly appear by the last will and testament of Richard Denn late of the Parish of Ickham deceased that the said Richard Denn do by his said last will and testament give unto me the said John Denn twenty pounds which £20 I did still left rest in the hands of William Forstall late of Goodnestone deceased being one of the executors of the last will and testament of Richard Denn aforesaid And as for that 20 pounds I give as follows.
First I give unto William Forstall the son of William Forstall aforesaid deceased five pounds to be unto him at the age of one and twenty years (if he shall live) by Henry Forstall of Sandwich his assigned guardian and his fatherís executor.
Item I give the other 15 residue of the £20 aforesaid unto the children of John Nettingham(?) which are now born or which shall be hereafter born unto him by Elizabeth Forstall my kinswoman the now wife of the said John Nettingham and the same for to be equally paid unto them as they shall attain unto the age of one and twenty years but if the said children depart this life before they shall attain unto the ages of 21 years then my will is that his her or their part so dying shall be equally divided and paid unto her him or them which shall be then alive at the time of the age aforesaid
but my will and ? is that if William Forstall aforesaid depart this life before he shall attain the age of 21 years then my will is that his legacy of £5 before given unto him by this my will shall return and descend unto the children of John Nettingham aforesaid but he the said William to have no part of their legacy if any of them do die in their minority without either they all die before that either of them accomplish the age of 21 years.
And my will is that my Executor shall not be questioned about the payment of this £20 last given but that it shall be demanded and paid by Henry Forstall of the town and port of Sandwich by virtue of his executorship and the last will and testament of William Forstall aforesaid deceased.

And furthermore if it shall happen that Margery Denn my wife depart this life in the house or part thereof which I have before given unto her in this my will then my will is that it shall be lawful for her executors administrators or assigns to give free liberty of ingress egress and regress for the space of one month next after her decease to fetch or carry away any thing or any commodities of her sole(?) stuff or whatsoever ? was the said Margerys at the day of her death without the ? ? or denial of my Executor or his assigns. And also my will and true meaning is that for want of payment of any of these legacies which I have heretofore given and delegated to be paid by my Executor if they or any of them shall be behind and unpaid at the time and place appointed in this my will being lawfully demanded then I say my will and meaning is that he they or other of them shall enter and distrain in or upon any part or parcel of these my houses and lands lying in Ickham and Wingham aforesaid and then distress there ? and take ? ? ? or drive away ? the ? to ? and ? until the gift or gifts legacy or legacies are fully satisfied and paid with the costs and charges with ? if thereby (if any be ?) provided always that the gift or gifts legacy or legacies were before lawfully demanded at the now dwelling house of me the said John Denn in Ickham aforesaid and of ? of which it ought of right to be paid.

And for the ? out of the sure trust and confidence that I have in my well beloved kinsman James Forstall of the town and port of Sandwich aforesaid I make charge and I appoint him for to be my overseer and for ? this my will duly and truly performed and for his pains I give him forty shillings.

All the rest of my goods whatsoever not bequeathed nor given ? my creditors be satisfied my legacies paid and my funeral expenses and the probate of this my will discharged I will give and bequeath unto William Elnor of the Parish of Ickham in the County of Kent yeoman the elder my kinsman whom I make and ordain to be my full and whole Executor of this my last Will and Testament.

This is the last Will and Testament of me John Denn of the Parish of Ickham in the County of Kent yeoman made and declared the eight day of March 1633 of all my houses and lands orchards and gardens with all other the buildings and hereditaments thereunto belonging whatsoever lying and being in the Parishes of Ickham and Wingham and ? the ? of that.

Item I will give and bequeath all those my houses and lands orchards and gardens and also the buildings and hereditaments whatsoever hereunto belonging lying and being in the Parishes of Ickham and Wingham and in the County of Kent beforesaid unto William Elnor of the Parish of Ickham and in the county aforesaid ? my kinsman to him and his heirs for ever ? that he shall perform ? and discharge all these my legacies gifts and bequeaths which of right ? ought so to be performed paid and discharged by the said William Elnor my kinsman by the strength and force of the execution of the executorship of this my last Will and Testament.

And now I ? ? ? commit my Soul unto the hands of Almighty God assuring myself by the death and resurrection of Jesus Christ that whensoever death has seized upon this my body my Soul shall rest in peace with Christ my Saviour and I do hereby publish this to be my last Will and Testament which is here written within the compose and distance of six sheets of paper and unto the five first sheets I have set my personal mark and unto the next and last sheet of paper I have set my personal mark and seal in the presence of these witnesses whose hands and names are hereunto set and subscribed as witnesses hereunto.
William ? by his mark, Roger Ellis and Richard Cullage(?) the writer hereof. The mark and seal of John Denne.

Probatum 1634


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Will of John Denne
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