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Will of David Denne

of Deal, Kent


Source: Consistory Court of Canterbury Vol.68 folio 219
Transcribed by Brian Denn
This is the last Will and Testament of me David Denne of Upper Deal within the limits of the Town and Borough of Deal in the County of Kent, Yeoman made this second day of October in the year of our Lord one thousand eight hundred and twelve as follows (that is to say)

First I give and devise unto my well beloved wife Mary Denne all that freehold messuage or tenement with the outhouses, yard garden ground and appertuances thereunto adjoining and belonging situate lying and being on the north east side of Upper Deal Street in Deal aforesaid and now in my own occupation and also all that my piece or parcel of freehold meadow and pastureland containing by estimation two acres little more or less lying and being near a pond call Gilham Pond in Deal aforesaid and now also in my own occupation to hold to her my said wife Mary Denne and her assigns for and during the term of her natural life.
And from and after her decease I give and devise the same messuage or tenement land hereditaments and promises respectively and every part and parcel thereof with their and every of their appertuances unto my son David Denne his heirs and assigns for ever.

And also all and singular my household goods household furniture plate linen woollen china pictures and books I give and bequeath the same and every part thereof unto my said wife Mary Denne for and during the term of her natural life she rendering unto my other Executor hereinafter named a true and perfect inventory thereof in writing to be signed by her and after the decease of my said wife I give and bequeath the same and every part thereof unto my said son David Denne his executors administrators and assigns absolutely to and for his and their own use and benefit.

And as to all those my two leasehold messuages tenements or dwelling houses with the outhouses yards ground and appertuances to the same respectively belonging situate lying and being at the north end of the Town of Deal aforesaid being held under and by a bond from his Grace the Archbishop of Canterbury and now in the several tenure or occupation of my son in law Thomas Breedon and ? Cranbrook, widow or one of them their or one of their assigns I give and bequeath the same and every part thereof and all such right and interest as at the time of my decease I shall or may have therein or thereto respectively unto my said wife Mary Denne and her assigns for and during the term of her natural life she and they nevertheless with her and their own proper money paying the fines fees and expenses of renewing(?) such lease as often as the same shall become renewable or can be renewed after my decease such renewed lease or leases to be granted to my Executors hereinafter named in trust nevertheless for her my said wife and her assigns during her life
and from and after her decease I give and bequeath the same and every part and parcel thereof together with all such lease or leases thereof as shall be then subsisting thereof unto my daughter Elizabeth Breedon the wife of the said Thomas Breedon and to her executors administrators and assigns absolutely to and for her and their own use and benefit.

And as to all the rest residue and remainder of my freehold messuages lands tenements hereditaments and real estate of or to which I or any person or persons in trust for me am is or are seized for any estate of freehold and inheritance whether in possession reversion remainder or expediency(?) and all the rest residue and remainder of my personal estate and effects of what kind or nature soever the same shall be at the time of my decease I give devise and bequeath the same respectively and my ? and ? thereof her my said wife Mary Denne and my friend William White of the Town of Deal aforesaid Gentleman their heirs executors administrators and assigns according to the nature of the said ? respectively upon trust as soon as conveniently may be after my decease to sell and dispose of the same last mentioned freehold estates and promises whether together or in parcels and either by public auction or private contract to any person or persons and his her or their heirs and assigns respectively for such price or prices as to them shall seem reasonable and also upon trust to sell and dispose of herein and convert into money all such part of my said residuary personal estate and effects as shall not consist of money and do hereby declare my mind and will to be that they my said Trustees and the survivor of them and the heirs executors and administrators respectively of such survivor do and shall stand possessed of and invested in the monies to arise and be raised from the sale or sales of my said freehold estates so directed to be sold as aforesaid and from my said residuary personal estate so directed to be sold called in and converted into money and of all such ready money as I shall be possessed of upon further trust by with and out of the same in the first place to pay and discharge my Funeral and such Testamentary Expenses and all my just debts the legacy of ten pounds hereinafter by me given to him the said William White and the legacies which I may happen to give by any codicil made and then in trust to lay out and invest the surplus or residue thereof in the purchase of a share or shares of the Parliamentary Stocks or Public Funds of Great Britain or at interest upon Government or real securities in England and from time to time at their discretion to alter and vary the said stocks funds and securities and upon further trust to pay to or permit and suffer her my said wife Mary Denne and her assigns to receive and ? the interest dividends and annual proceeds to accrue or become payable after the said trusts monies funds and securities as and when the same respectively shall accrue and be payable for and during the term of her natural life to and for her and their own use and benefit
and from and after her decease then upon trust to stand and be possessed of and interested(?) in the said trust monies stocks funds and securities and the money to arise by sale thereof in trust to pay or cause to be paid
unto my daughter Ann the wife of William Philpot of Deal aforesaid, Tailor the sum of three hundred pounds of lawful ? money of England
and unto my daughter Martha the wife of John Bedwell of Deal aforesaid, Gardener the like sum of three hundred pounds of lawful money aforesaid
which said two several sums of three hundred pounds and three hundred pounds I do hereby give unto my said daughters Ann Philpot and Martha Bedwell their respective executors administrators and assigns absolutely to and for their own respective use and benefit and after such several payments as aforesaid

? further trust to assign transfer and divide the surplus or residue of the same stocks funds and securities and the money to arise by sale thereof unto and between my said four children David Denne, Elizabeth Breedon Ann Philpot and Martha Bedwell equally to be divided between them share and share alike and to their several and respective executors administrators and assigns ? to and for their own respective use and benefit ? to for or upon as their trust interest or ? ? ?.

And I do hereby will and bequeath unto the said William White the sum of ten pounds as ? ? ? for the ? ? ? ? ? ? to ? and about the execution of this my will and ? ? hereby ? ?. And for the processing and facilitating of the sale or sales of my said freehold and real estates hereinbefore directed by me to be sold as aforesaid I do hereby declare and direct that the receipt or receipts in writing under the hand or hands of or signed by my said wife Mary Denne and the said William White or the survivor of them or the heirs or assigns of such survivor shall from time to time be a good and sufficient discharge to the purchaser or purchasers of the said hereditaments and promises or of any part or parts thereof respectively and his her and their respective heirs executors administrators and assigns of and for so much of the said purchase monies respectively as in such receipt and receipts respectively shall be acknowledged or expressed to be issued and that after such receipt or receipts shall be so given such purchaser or purchasers respectively and his her and their respective heirs executors administrators and assigns shall and he she and they respectively are hereby absolutely acquitted released and discharged of and from the same and shall not afterwards be answerable or accountable for any loss misappropriation or non application of the said purchase monies respectively or of any part or parts thereof and further I declare that they my said Trustees their heirs executors and administrators shall be indemnified and ? harmless in the execution of all or any of the trusts hereby in them reposed and that they or either of them shall not be charged or chargeable with or accountable for any more of the said trust monies stocks funds and promises than they shall have actually received shall have come to their respective hands by virtue of this my will nor shall they or either of them be charged or chargeable for the other or either of them or for signing receipts for the sake of conformity nor with or for any loss which shall happen of the same trust monies stocks funds and promises or any part thereof so as such loss happens without their wilful default and also that it shall and may be lawful for them my said Trustees their heirs executors or administrators in the first place by and out of the said trust monies and promises to deduct to and reimburse himself and themselves respectively all such loss costs charges and expenses as they shall sustain expend or be put unto for by reason of the trust hereby in him and them reposed in respect to the same monies and promises in the management and execution thereof or otherwise in relation thereto.

And my will and mind further is that the usual provisions hereinbefore made for the benefit of my said wife are to be accepted and taken by her in full satisfaction for any dower or customary widows right where by the common law or the Custom of Gavelkind in Kent to which she might be entitled from my real estates.
And I do hereby nominate constitute and appoint my said wife Mary Denne and the said William White Executrix and Executor of this my will.
And lastly I revoke all former wills by me at any time or times heretofore made ? ? ? ? to be my last Will and Testament. In witness whereof I the said David Denne the Testator have to this my said last Will and Testament contained in four sheets of paper annexed together ? the first three sheets thereof set my hand and to this fourth and last sheet thereof my hand and seal the day and year first aforesaid David 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 have hereunto subscribed our names as witnesses thereto in his presence at his request and in the presence of each other.
John Main(?), Deal, W Morgan, B Foster his Clerk.

The before registered will of David Denne deceased was proved the fourteenth day of June 1815 before the Right Honourable Sir William Scott Knight Doctor of Laws, Commissary General to His Grace Charles by Divine Providence Lord Archbishop of Canterbury, Primate of all England and ? by the oaths of Mary Denne widow the relict and William White the Executors named in the said will they being first sworn by commission well and truly to perform the same.


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Will of David Denne
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