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Will of David Denne

of Higham, Kent


Source: Prerogative Court of Canterbury 1736
Transcribed by Brian Denn
In the name of God Amen, I David Denne of Higham in the County of Kent, yeoman being sick in body but of sound mind, memory and understanding make and declare my last Will and Testament in the following manner. First I revoke all former wills whatsoever by me at any time heretofore made and declared this to be and contain my only last Will and Testament.

Also I name make and appoint my dear wife Mary Denne and my brother Richard Denne of Wingham in the County of Kent, Gentleman, Executors of this my said last Will and Testament and Testamentary Guardians of my children till they shall severally attain their ages of twenty one years and I also name make and appoint them my said wife Mary and my said brother Richard Denne and their heirs executors administrators and assignees trustees of my real and personal estates of every kind sort or quality whatsoever for the purposes hereinafter mentioned and whereas part of my freehold estates lands tenements and hereditaments in Ash near Sandwich in the County of Kent aforesaid are settled upon my said wife in jointure with remainders over to one issue or to the heirs of one body’s or otherwise in such sort as that all my sons by my said wife will after her decease take the same settled estate equally between them in fee simple therefore I do not make any other particular provision for my said wife by this my will but I do hereby ratify and confirm the said settled estate lands tenements and hereditaments in all(?) aforesaid unto her my aforesaid wife and her assigns for and during the term of her natural life and from and immediately after her decease I do hereby ratify and confirm the same and I do hereby devise the same settled estate lands tenements and hereditaments unto and amongst my sons Thomas Denne, David Denne and Richard Denne their heirs and assigns for ever to hold part and part alike and in severally as tenants in common and not as joint tenants.

Also I give devise and bequeath all other my freehold messuages lands farms tenements and hereditaments not comprised in or being no part of the premises conveyed or settled by the Deed of Settlement before mentioned situate lying and being in Ash near Sandwich aforesaid or elsewhere in the County of Kent unto my said wife Mary Denne and brother Richard Denne their heirs and assigns for ever upon the trusts and to and for the purposes hereinafter mentioned. Also I give and bequeath all and singular my leases corn stock cattle moneys securities for money household goods implements of husbandry and all my chattels real and personal whatsoever wheresoever and howsoever unto them my said wife Mary Denne and brother Richard Denne their executors administrators and assigns upon the trusts and to and for the purposes hereinafter mentioned and I do hereby will direct appoint and declare that the several and respective trusts hereby created in upon and over my real and personal estates and the Investitures(?) hereby made and intended to be made in and unto my said wife Mary Denne and brother Richard Denne their heirs executors administrators and assigns of and in my said real personal estates as aforesaid are and is upon the several trusts and to and for the several intents and purposes following that is to say upon trust and confidence that they my said Trustees their heirs executors administrators and assigns shall and do sell and dispose of my said real and personal estates so devised given and bequeathed to them and out of the monies to be thereby made and raised to pay and discharge all my just debts and all encumbrances now upon the same real and freehold estates and also to pay and discharge all other my just and legal debts to all and every my creditors and after payment and satisfaction made to my creditors as aforesaid then to pay distribute and apply the remainder of the monies arising by such sales or dispositions equally unto and amongst all my children viz Thomas Denne Mary Denne David Denne Eliza(beth?) Denne Martha Denne and Richard Denne in equal parts and shares at their respective age and ages of twenty one years and if any of my said real or personal estates so devised to be sold as aforesaid shall remain unsold or undisposed of after the payment of my debts as aforesaid then upon this further trust and I do will and direct the same to be conveyed and delivered over unto my said children their heirs executors administrators and assigns for ever in equal parts and portions and if any of my said children shall die before the attainment of their respective ages of twenty one years then I give will and direct that the survivors from time to time shall ? have and be equally entitled unto the part or parts of him her or them so dying before the age of twenty one years as aforesaid.

Also I do direct that the ? and receipt of my said Trustees for the purchase money shall be a full and satisfactory discharge for the same in all Courts and at all times. Also I will and empower my said Trustees and Executors to deduct and retain out of the trust estates aforesaid all their costs charges and expenses in the execution of this my will and the trusts aforesaid or any of them. In witness whereof I the said David Denne the Testator have hereunto set my hand and seal the twenty eighth day of November in the year of our Lord 1736. D Denne. Signed sealed published and declared by the said David Denne the Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of one another and at his request have subscribed our names as witnesses
Richard Pullin, John Barrow, ? Sheafe.

This will was proved at London on the tenth day of February in the year of our Lord, one thousand seven hundred and thirty six before the Worshipful Thomas Walker Doctor of Laws and Surrogate of the Right Worshipful John Bettesworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Mary Denne widow the relict of the deceased and Richard Denne the Executors named in the said will to whom administration was granted of all and singular the goods, chattels and credits of the said deceased they being first sworn well and faithfully to administer the same.


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Will of David Denne
Created by Maureen Rawson