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Will of John Denne

of Chislet, Kent


Source: Prerogative Court of Canterbury 1813
Transcribed by Brian Denne
This is the last Will and Testament of me John Denne late of the City of Canterbury and now in the Parish of Chislet in the County of Kent Esquire in manner following that is to say I give devise and bequeath unto my nephew Thomas Wood of the same Parish of Chislet Gentleman his executors and administrators for and during the minority as hereinafter contained of my grandchildren Mary Ann Wise, Jane Wise and John Wise children of my late daughter Anne Wise deceased one annuity or clear yearly sum of three hundred pounds of good lawful money of Great Britain free and clear of and from all taxes and deductions whatsoever (save and except the tax or duty payable upon ?) the said annuity or clear yearly sum to be chargeable and charged upon and issuing and payable out of my real estates hereinafter given and devised to my son George Denne his heirs and assigns for ever and to be paid and payable by him the said George Denne his heirs and assigns by four even and equal quarterly payments on the sixth day of January the sixth day of April the sixth day of July and the eleventh day of October in every year the first payment thereof to begin and be made on such of the same days of payment as shall first and next happen after my decease.

And I do hereby expressly subject and charge my said real estate to and with the payment of the said annuity or clear yearly sum accordingly upon trust nevertheless that he the said Thomas Wood his heirs and administrators shall and do pay and apply the said annuity or clear yearly sum of three hundred pounds for and towards the maintenance education and bringing up of all and every my said grandchildren Mary Ann Wise, Jane Wise and John Wise until my said grandchild John Wise shall attain to the age of twenty one years or in case he shall die before that age until the period shall arrive when he would if living having attained that age and it is my will and desire that in case any quarterly payment of the said annuity or clear yearly sum or any part thereof shall be in arrear and unpaid for the span of twenty days next over or after any or either of the said ? or times of payment whereon the same is hereinbefore directed to be paid as aforesaid being lawfully ? that then and such case and so often as it shall so happen it shall and may be lawful to and for the said Thomas Wood his executors and administrators into and upon my said real estate or into and upon any part or parcel thereof to enter and distrain and the distress and distresses then and there found to take ? ? carry away impound to detain and ? until the said annuity or clear yearly sum and all arrears thereof and all costs charges and expenses ? by or attending the making and keeping such distress and distresses shall be fully satisfied and paid and in default of payment of the same in due time after such distress and distresses shall be made and taken to appraise sell and dispose thereof or otherwise to act therein according to the due course of law as is usual in cases of distress for rent ? on common ? to the intent that thereby and therewith the said Thomas Wood his executors and administrators may be fully paid and satisfied all such arrears of the said annuity or clear yearly sum and all costs charges and expenses contained or occasioned by means of the nonpayment thereof such entry when made to be without impeachment of waste and to be good and valid ? there shall not be any or as sufficient distress upon my said real estate and further it is my will and desire that in case any quarterly payment of the said annuity or clear yearly sum or any part thereof shall be in arrear and unpaid for the space of thirty days next over or after any or either of the said days or times of payment whenever the same is hereinbefore directed to be paid as aforesaid being lawfully demanded that then and in such case and as aforesaid it shall so happen it shall and may be lawful to and for the said Thomas Wood his executors and administrators into and upon my said real estate or into and upon any part or parcel thereof in the name of the whole to enter and the same to have hold occupy possess and enjoy and the rents issues and profits thereof and of every part and parcel thereof to carry(?) receive and take to and for his and their own use but nevertheless upon trust as aforesaid until he or they shall be therewith or thereby or by my said son George Denne his heirs or assigns or by the person or persons who shall be then entitled to the possession of my said real estate fully paid and satisfied all such arrears of the said annuity or clear yearly sum which shall be due at the time of such entry or respective entries or which shall grow or become due during such time as the said Thomas Wood his executors or administrators shall by virtue of such entry or entries be in the possession of my said real estate together with all costs charges and expenses sustained or occasioned by the nonpayment or the recovery of the said annuity or clear yearly sum of three hundred pounds or any part thereof such possession when taken to be without impeachment of waste provided always and it is the true intent and meaning of this my will and I do hereby expressly declare and direct that in case of the decease of all and every my said grandchildren Mary Ann Wise, Jane Wise and John Wise before the period shall arise when my said grandchild John Wise would if living have attained to the age of twenty one years then from and after the decease of the survivor of them my said grandchildren as aforesaid and the due payment of all arrears of the said annuity or clear yearly sum of three hundred pounds the same annuity or clear yearly sum of three hundred pounds shall cease and be no longer paid or payable nor be ? or considered to be chargeable and charged upon or issuing and payable out of my said real estate.

Also I give and bequeath unto my said son George Denne and my said nephew Thomas Wood their executors and administrators the sum of ten thousand pounds consolidated three per centum annuities upon trust nevertheless that they the said George Denne and Thomas Wood and the survivor of them his executors and administrators shall and do from time to time lay out and invest the dividends or interest arising and to grow due thereon from and after my decease as the same shall become payable until my said grandchild John Wise shall attain to the said age of twenty one years or in case he shall die before that age until the period shall arrive when he would if living have attained that age in the purchase of life annuities so that the same and the resulting income and produce may be accumulated in the way of compound interest and cause as great an increase(?) of stock as may be and when and so soon as my said grandchild John Wise shall attain the said age of twenty one years or the period shall arrive when he would if living have attained that age then upon further trust that they the said the said George Denne and Thomas Wood and the survivor of them his executors and administrators shall and do assign and transfer the whole of the said sum of ten thousand pounds consolidated three per centum annuities and also the whole of such accumulated annuities as shall have been so purchased as aforesaid unto and amongst and between all or such of my said grandchildren Mary Ann Wise, Jane Wise and John Wise as shall be living when my said grandchild John Wise shall attain the said age of twenty one years or the period shall arrive when he would if living have attained that age equally to be divided between and amongst them my said grandchildren if more than one share and share alike and in case then shall happen to be but one such grandchild living then the whole of the said sum of ten thousand pounds consolidated three per centum annuities and also the whole of such accumulated annuities as shall have been so purchased as aforesaid unto such one or only grandchild provided always that in case all and every of my said grandchildren Mary Ann Wise, Jane Wise and John Wise shall happen to depart this life before the period shall arrive when my said grandchild John Wise would if living have attained to the age of twenty-one years then it is my will desire and meaning that upon the decease of the survivor of them my said grandchildren as aforesaid the said sum of ten thousand pounds consolidated three per centum annuities and also such accumulated annuities as shall have from so purchased as aforesaid shall sink into and be declared and considered to be part of the residue of my personal estate hereinafter by me given and bequeathed to my said son George Denne his executors administrators and assigns and I do hereby give and bequeath the same to him and them accordingly.

Also I give and bequeath unto my sister Anne Collard the sum of one thousand pounds ? three per centum annuities to be assigned and transferred to her by my Executors hereinafter named at the end of six calendar months next after my decease. And I do hereby ordain and direct that my said sister shall and may continue to use and enjoy my house and land with their appertuances she now lives of me during her natural life upon the same terms and conditions which she at present lives there.

Also I give and bequeath unto my said son George Denne his executors and administrators the like sum of one thousand pounds ? three per centum annuities upon trust to pay the dividends and yearly proceed thereof from time to time to grow out thereon after my decease as the same shall become payable unto my sister Sarah Neame(?) for and during the term of her natural life to and for her sole separate and personal use and benefit and I direct that her receipts alone notwithstanding her coverture shall be good and sufficient discharges for the same and from and immediately after her decease then upon further trust that the said George Denne his executors or administrators shall and do assign and transfer the said sum of one thousand pounds ? three per centum annuities into and to the only proper and absolute use and benefit of her son my said nephew Thomas Wood his executors administrators and assigns.

Also I give and bequeath unto my nephew Thomas Denne of Chislet aforesaid the like sum of one thousand pounds ? three per centum annuities to be assigned and transferred to him by my said Executor at the end of six calendar months next after my decease.
Also I give and bequeath unto my two nephews David Denne and Thomas Denne of Reculver and unto my niece Mary Denne the like sum of one thousand pounds ? three per centum annuities to be assigned and transferred to them in usual shares by my said Executor at the end of six calendar months next after my decease.
Also I give and bequeath unto my said nephew Thomas Wood the sum of four thousand pounds of good and lawful money of Great Britain to be paid to him by my said Executor at the end of six calendar months next after my decease.
Also I give and bequeath unto the Trustees of the Kent and Canterbury Hospital the sum of one hundred pounds of like lawful money in and for and towards the support of that humane and laudable institution to be paid unto the survivor for the time being by my said Executor at the end of six calendar months next after my decease.
Also I give and bequeath to the poor inhabitants of the said Parish of Chislet to be divided amongst them as the churchwardens of the said parish for the time being shall think proper the sum of twenty pounds of like lawful money to be paid for that purpose by my said Executor at the end of six calendar months next after my decease.
Also I give and bequeath unto my servant William Long and unto his wife Thomasine Long the sum of ten pounds apiece of like lawful money to be paid to them by my said Executor at the end of six calendar months next after my decease.
Also I give and bequeath unto my brother in law Austin Neame and unto my friends The Rev David Ball of ? and Elizabeth his wife the sum of five guineas apiece of like lawful money for rings to be paid to them by my said Executor at the end of one calendar month next after my decease.

Also I give devise and bequeath unto my said nephew Thomas Wood his executors and administrators for and during the term of the natural life of my relation(?) Anne Laroy(?) wife of John Laroy one annuity or clear yearly sum of five pounds of like good and lawful money of Great Britain free and clear of and from all taxes and deductions whatsoever the same to be charged and chargeable upon and issuing and payable out of my said real estate and to be paid and payable by my said son George Denne his heirs and assigns by four even and equal quarterly payments on the sixth day of January the sixth day of April the sixth day of July and the eleventh day of October in every year the first payment thereof to begin and be made on such of the same days of payment as shall first and next happen after my decease.
And I do hereby expressly subject and charge my said real estate to and with the payment of the said annuity or clear yearly sum accordingly upon trust nevertheless that he the said Thomas Wood his executors and administrators shall and do pay the same annuity unto the said Anne Laroy during her natural life for her own sole and separate use. And it is my will desire and meaning that the receipts alone of the said Anne Laroy (notwithstanding her coverture) shall be good and sufficient discharges for the same and that the said annuity or clear yearly sum shall not be subject or liable to the debts cautions and engagements of her present or any future husband.
And I do hereby give and grant unto the said Thomas Wood his executors and administrators such and the like provisos of distress and entry upon my said real estate in case of nonpayment thereof as I have hereinbefore given to him and them touching and containing the said annuity or clear yearly sum of three hundred pounds as aforesaid.

Also I give and devise unto my said son George Denne all and every my various messuages farms lands tenements and hereditaments parts purports and shares of manors messuages farms lands tenements and hereditaments and all other my real estate whatsoever and wheresoever to hold the same and every part and parcel thereof (but subject nevertheless and expressly charged and chargeable with the payment of the said several annuities or clear yearly sums of three hundred pounds and five pounds hereinbefore given devised and bequeathed and to the use and occupation of the said house and land by my said sister Ann Collard for her life as aforesaid unto her the only proper and absolute ? and behalf of my said son George Denne and of his heirs and assigns for ever ? I give and bequeath unto my said son George Denne all and every the leasehold estates which I own now or at the time of my decease shall be possessed of ? vested ? or in any manner entitled unto together with all my household furniture plate linen china monies securities for money as ? as ? farming stock implements and utensils in ? ? goods chattels effects and all other my personal estate whatsoever and wheresoever and of what nature kind or quality soever the same shall be and consist or be reputed to consist at the time of my decease subject nevertheless to the payment of my just debts funeral expenses the costs charges and expenses of proving this my will and all other incidental expenses and also the several legacies and sums of money hereinbefore given and bequeathed to hold the same and every part and parcel thereof subject nevertheless as aforesaid unto and to and for the only proper and absolute use and benefit of my said survivor ? his heirs administrators and assigns and I do hereby make nominate constitute and appoint my said son George Denne sole Executor of this my last Will and Testament.

And my will and mind further is and I do hereby further declare and direct that the said George Denne and Thomas Wood or either of them their or either of their executors and administrators shall be charged and chargeable only for such monies as they or he shall respectively actually receive or shall come to their respective hands by virtue of the trusts hereby in them respectively imposed nor shall they or either of them be answerable or accountable for any Bank, Banker, Broker or other person with whom or in whose hands any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise with execution of the trusts hereinbefore mentioned nor with or for any loss which may happen to the said trust monies or any part or parcel thereof except the same shall happen by or through their or his own wilful neglect or default and that the one of them shall not be answerable or accountable for the other of them or for the acts deeds defaults scripts or disbursements of the other of them but each of them for the acts deeds defaults scripts and disbursements of himself only and also that they the said George Denne and Thomas Wood and each of them their and each of their executors and administrators shall and may by and out of the monies which shall come to their or his hands by virtue of the trusts aforesaid ? to and reimburse themselves and himself all such costs charges damages and expenses which they or he shall or may suffer contain expend disburse be at or be put unto in or about the execution of the trusts hereby in them respectively reposed or in any wise relating to the said trusts.

And lastly I do hereby revoke and make void all former and other wills by me at any time heretofore made and do declare this and this only to be my last Will and Testament. In witness whereof I the said John Denne have to the first eight sheets of this my last Will and Testament set in nine sheets of paper contained set my hand and to this ninth and last sheet thereof my hand and seal this seventh day of June in the year of our Lord one thousand eight hundred and thirteen. John Denne. Signed sealed published and declared by the said John Denne as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
John Miles, G Courtons(?) Clerk to Mr Starr, Thomas Starr Attorney, Canterbury.

Proved at London 13th November 1813 before the Judge by the oath of George Denne Esq, the son sole Executor to whom administration was granted being sworn by commission duly to administer.


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Will of John Denne
Created by Maureen Rawson