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Will of James Denne

of Waldershare, Kent


Source: Archdeaconry Court of Canterbury Vol.100 f.438
Transcribed by Brian Denn
This is the last Will and Testament of me James Denne the Elder of the Parish of Waldershare in the County of Kent, Yeoman.
First I do give and devise all that my messuage or tenement and the buildings ground and appertuances thereto belonging situate lying and being at a place called Upper Eythorne in the Parish of Eythorne in the said County and now or late in the tenure or occupation of William Burvill or of his assigns (which messuage and premises I sometime since purchased of and from Elizabeth Woodruff widow) unto my beloved wife Elizabeth Denne and her assigns for and during the term of her natural life without impeachment of or for any manner of waste.

And from and immediately after the decease of my said wife then I give and devise my said messuage or tenement hereditaments and premises with the appertuances unto my eight children Thomas Denne, James Denne, William Denne, Vincent Denne, Elizabeth the wife of Thomas Cronk of Margate in the Isle of Thanet in the said County of Kent, Baker, Mary the wife of Richard Burvill of the town and port of Sandwich in the said County, Yeoman, Sarah the wife of Peter Cornwell of the same town and port, Yeoman and Frances Denne equally to be divided between them my said eight children as tenants in common and not as joint tenants and to their several and respective heirs and assigns for ever.

Also I give and bequeath unto my said wife Elizabeth Denne and her assigns for and during the term of her natural life or until she shall marry again which shall first appear free from all deductions and abatements whatsoever one annuity or yearly rent charge of five pounds of lawful money of Great Britain to be ? taken had and issuing out of all and every my messuages lands tenements and hereditaments situate lying and being in the Parish of Walmer in the said County of Kent payable and to be paid upon the Feast Days of the Annunciation of the Blessed Virgin Mary and Saint Michael the Archangel by even and equal half yearly payments the first payment thereof to begin and be made upon the first of the said Feast Days which shall next happen after my decease. And if it shall happen that the said annuity or yearly rent charge of five pounds or any part thereof shall be behind and unpaid by the space of one and twenty days next over or after either of the said Feast Days whereon as aforesaid the same ought to be paid then and from thenceforth and so often as it shall so happen it shall and may be lawful to and for my said wife Elizabeth Denne or her assigns to enter into and upon my said messuages or tenements lands hereditaments and premises in Walmer or into or upon any part thereof and distrain and the distress or distresses then found from thence to take lead drive move carry away and impound or otherwise detain and keep and after five days to sell and dispose of towards satisfaction of the said annuity or yearly rent charge of five pounds and all arrears thereof together with the costs and charges of such distress and sale rendering the overplus if any to the grower(?) or owner of the goods and chattels so distrained.

Also I give and devise all that my messuage or tenement and the buildings land appertuances therewith now ? hold used occupied or enjoined containing by estimation one acre and ten perches of land and abutting to the messuage and premises next hereafter mentioned towards the north or howsoever otherwise the same doth abut situate lying and being in the Parish of Ringwould in the said County of Kent at or near a certain place called Knights Bottom and now or late in the tenure or occupation of Stephen Hall or of his assigns or undertenants. And also all that my messuage or tenement and the buildings ground and appertuances thereto belonging situate lying and being in or near Ringwould Street in the Parish of Ringwould aforesaid and now or late in the tenure or occupation of William Somes or of his assigns or undertenants and which said last mentioned messuage or tenement buildings ground and premises were heretofore the Estate of my late brother William Denne deceased unto my daughter Elizabeth the wife of the said Thomas Cronk and to the heirs of her body lawfully begotten and to be begotten
and in case my said daughter Elizabeth Cronk shall happen to die without issue of her body then I give and devise the said last mentioned messuages tenements buildings land hereditaments and premises with their appertuances unto my said three daughters Mary the wife of the said Richard Burvill, Sarah the wife of the said Peter Cornwell and Frances Denne equally to be divided between them as tenants in common and to the several and respective heirs of the bodies of my said three last mentioned daughters.
And in case any one or more of them my said three last mentioned daughters Mary the wife of the said Richard Burvill Sarah the wife of the said Peter Cornwell and Frances Denne shall happen to die without issue of her or their body or bodies then I give and devise the part and share or parts and shares of her and them so dying without issue of and in the said last mentioned messuages or tenements buildings land ? ? and premises unto the Survivors or Survivor of them my said three daughters Mary the wife of the said Richard Burvill, Sarah the wife of the said Peter Cornwell and Frances Denne and to the several and respective heirs of her or their body of bodies.
And in case all my said three last mentioned daughters shall happen to die without issue then I give and devise the said messuages or tenements buildings land and premises last mentioned unto my own right heirs for ever.

Also I give and devise all that my messuages tenement and the building land and appertuances therewith now ? held and occupied or enjoyed containing by estimation about one acre and ten perches of land and abutting to the messuage and premises hereinbefore mentioned to be in the occupation of William Hall towards the south or howsoever otherwise the ? doth abut situate lying and being in the said Parish of Ringwould at or ? the said place called Knights Bottom ? in the tenure or occupation of Thomas Hall and now of William ? or of his assigns or undertenants. And also all that my messuage or tenement and the buildings ground and appertuances thereto belonging situate lying and being in the Parish of Northbourne in the said County of Kent at or near a certain place called Ashley and now or late in the tenure or occupation of ? Pilcher or of his assigns or undertenants and which said last mentioned messuage buildings and premises I sometime since purchased of and from John Ellenden unto my daughter Mary the wife of the said Richard Burvill and to the heirs of her body lawfully begotten and to be begotten.
And in case my said daughter Mary Burvill shall happen to die without issue of her body then I give and devise the said last mentioned messuages or tenements buildings land hereditaments and premises unto my said three daughters Elizabeth the wife of the said Thomas Cronk, Sarah the wife of said Peter Cornwell and Frances Denne equally to be divided between them as tenants in common and not as joint tenants and to the several and respective heirs of the bodies of my said three last mentions daughters.
And in case any one or more of my said three daughters Elizabeth the wife of the said Thomas Cronk, Sarah the wife of the said Peter Cornwell and Frances Denne shall happen to die without issue of her or their body or bodies then I give and devise the part and share or parts and shares of her of them so dying without issue of and in the said messuages or tenements buildings land hereditaments and premises last mentioned unto the survivors or survivor of them my said three last mentioned daughters Elizabeth the wife of Thomas Cronk, Sarah the wife of the said Peter Cornwell and Frances Denne and to the several and respective heirs of her or their body or bodies.
And in case all my said three last mentioned daughters shall happen to die without issue then I give and devise the said messuages or tenements land hereditaments and premises last mentioned unto my own right heirs for ever.

Also I give and devise all that my messuage or tenement and the buildings ground and appertuances thereto belonging situate lying and being in the Parish of Eythorne aforesaid and near the church there and now or late in the tenure or occupation of Edward Nokes or of his assigns or undertenants (which messuage and premises I purchased of Thomas Austen together with a messuage and premises hereafter mentioned to be in the occupation of Robert Wood and about thereto towards the east or however otherwise the same doth abut) and also all that my messuage or tenement with the ground and appertuances thereto belonging situate lying and being at or near a certain place called Martin in the Parish of East Langdon in the said County of Kent and now or late in the tenure or occupation of William Elgar or of his assigns (which ? mentioned messuage and premises I purchased of John Stansall(?) and others together with a messuage orchard and premises hereafter mentioned to be in the occupation of ? Kite(?) and doth abut thereto towards the north or however otherwise the same doth abut) unto my daughter Sarah the wife of the said Peter Cornwell and to the heirs of her body lawfully begotten and to be begotten.
And in case my said daughter Sarah Cornwell shall happen to die without issue of her body then I give and devise the said last mentioned messuages or tenements buildings land hereditaments and premises unto my said three daughters Elizabeth the wife of the said Thomas Cronk, Mary the wife of the said Richard Burvill and Frances Denne equally to be divided between them as tenants in common and not as joint tenants and to the several and respective heirs of the bodies of my said three last mentioned daughters.
And in case any one or more of my said three daughters Elizabeth the wife of the said Thomas Cronk, Mary the wife of the said Richard Burvill and Frances Denne shall happen to die without issue of her or their body or bodies then I give and devise the part and share or parts and shares of her or them so dying without issue of and in the said messuages or tenements buildings land hereditaments and premises last mentioned unto the survivors or survivor of them my said three last mentioned daughters Elizabeth the wife of the said Thomas Cronk, Mary the wife of the said Richard Burvill and Frances Denne and to the several and respective heirs of her and their body or bodies.
And in case all my said three last mentioned daughters shall happen to die without issue then I give and devise the said messuages or tenements buildings ground hereditaments and premises last mentioned unto my own right heirs for ever.

Also I give and devise all that my messuage or tenement and the buildings ground and appertuances thereto belonging (near or adjoining to the messuage or tenement hereinbefore mentioned to be in the occupation of Edward Nokes and abutting thereto towards the west or howsoever otherwise the same ? ?) situate lying and being in the said Parish of Eythorne and now or late in the tenure or occupation of Robert Wood or of his assigns or undertenants and which same messuage and premises I purchased of and from Thomas Austen and also all that my messuage or tenement and the buildings orchard land and appertuances thereto belonging situate lying and being at or near the said place called Martin in East Langdon aforesaid and now or late in the tenure or occupation of ? Kite or of his assigns (and which last mentioned messuage and premises I purchased of and from the said John Stansall(?) and others and abuts to the messuage and premises hereinbefore mentioned to be in the occupation of William Elgar towards the south or howsoever otherwise the same doth abut) unto my said daughter Frances Denne and to the heirs of her body lawfully to be begotten.
And in case my said daughter Frances Denne shall happen to die without issue of her body then I give and devise the said last mentioned messuages or tenements buildings lands hereditaments and premises unto my said three daughters Elizabeth the wife of Thomas Cronk, Mary the wife of Richard Burvill and Sarah the wife of the said Peter Cornwell equally to be divided between them as tenants in common and not as joint tenants and to the several and respective heirs of the bodies of my said three last mentioned daughters.
And in case any one or more of my said three daughters Elizabeth the wife of the said Thomas Cronk, Mary the wife of the said Richard Burvill and Sarah the wife of the said Peter Cornwell shall happen to die without issue of her or their body or bodies then I give and devise the part and share or parts and shares of her or them so dying without issue of and in the said messuages or tenements buildings lands hereditaments and premises last mentioned unto the survivor or survivors of them my said three last mentioned daughters Elizabeth the wife of the said Thomas Cronk, Mary the wife of the said Thomas Burvill and Sarah the wife of the said Peter Cornwell and to the several and respective heirs of her or their body or bodies.
And in case my said three last mentioned daughters shall happen to die without issue then I give and devise the said messuages or tenements buildings lands hereditaments and premises last mentioned under my own right heirs for ever.

Also I give and devise all the rest and residue of my messuages lands tenements and hereditaments situate lying and being in the said County of Kent or elsewhere unto my said four sons Thomas Denne James Denne William Denne and Vincent Denne equally to be divided between them as tenants in common and not as joint tenants and to the several and respective heirs of the bodies of my said four sons.
And in case any one or more of my said four sons Thomas Denne, James Denne, William Denne and Vincent Denne shall happen to die without issue of his or their body or bodies then I give and devise the part and share or parts and shares of him or them so dying without issue of and in the said rest and residue of my messuages lands tenements and hereditaments unto the survivors or survivor of them my said four sons Thomas Denne, James Denne, William Denne and Vincent Denne and to their several and respective heirs of his or their body or bodies.
And in case all my said four sons shall happen to die without issue then I give and devise all the rest and residue of my messuages lands tenements and hereditaments unto my own right heirs for ever.

Also I give and bequeath all the household goods and chattels plate linen and china and all other my personal estate which were the property of my said wife before her intermarriage unto my said wife Elizabeth Denne to and for her own use and benefit.

Also I give and bequeath all the rest residue and remainder of my goods chattels and personal estate whatsoever and wheresoever and whereof I shall die possessed (after payment of my just debts funeral expenses and the costs and charges of proving and executing this my will) unto my said four sons Thomas Denne, James Denne, William Denne and Vincent Denne equally to be divided between them share and share alike and to their several and respective Executors and Administrators and Assigns.

And I desire to be decently buried at the discretion of my Executors hereinafter named and that a sermon be preached at my funeral. And I do hereby make ordain nominate and appoint my said two sons Thomas Denne and William Denne the Executors of this my last Will and Testament. And lastly I do hereby revoke all former wills by me made and declare this only to be my last Will and Testament.

In witness whereof I the said James Denne the Testator have to the first second third fourth and fifth sheets of this my last Will and Testament contained in six sheets of paper affixed together set my hand and to this sixth and last sheet thereof my hand and seal the fifth day of June in the twenty second year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King, Defender of the Faith and so forth and in the year of our Lord one thousand seven hundred and eighty two. James Denne. Signed sealed published and declared by the said James Denne the Testator as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence and at the request of the said James Denne the Testator.
John Matson, John Enston, Edward Baker, Clerks to Mr Matson.

The before registered will of James Denne deceased was proved the seventh day of December 1789 before the Reverend John Gostling Clerk, Surrogate to the Worshipful Andrew ? ? Doctor of Laws, Official General to the Reverend the Archdeacon of Canterbury lawfully constituted by the oaths of Thomas Denne and William Denne the Executors named in the said will they being first sworn well and truly to perform the same.


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Will of James Denne
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