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Will of David Denne

of Lydd, Kent


Source: Prerogative Court of Canterbury 11/1614
Transcribed by Brain Denn
This is the last Will and Testament of David Denne of Lydd in the County of Kent, Esquire being of sound and disposing mind and understanding praised be God for the same I direct that all my just debts and funeral and testamentary charges and expenses shall be paid as soon as conveniently may be after my decease.

I confirm the settlement made on my marriage and in addition thereto I give to Katherine Denne my dear wife the use of all my plate, linen, china and furniture for her life and at her decease I direct the same shall sink into the residue of my estate.
I give to my said dear wife my Chariot and Chariot horses with their harness and furniture and my wines liquors and stock of provisions and fuels for her own use and also the sum of two hundred pounds to be paid to her immediately after my decease.

Item I give to my brother Richard Denne of the ancient town of Winchelsea in the County of Sussex, Esquire and my brother in law John Cobb of Doctors Commons in the City of London, Esquire two of my Executors hereinafter named the sum of five thousand pounds upon trust to lay out and invest the same in their joint names or in the name of the survivor of them his executors or administrators in some or one of the public stocks or funds or on Government or real securities at interest with full power and authority from time to time to alter vary and change the same stocks funds or securities for others of the same or the like nature as they shall think proper upon the trusts and for the purposes following that is to say
upon trust to pay the dividends interest and annual proceed thereof from time to time as the same shall become due and payable and be received unto my said dear wife Katherine Denne or to such person or persons as she shall from time to time by writing under her hand appoint to receive the same for and during the term of her natural life for her own use and benefit exclusive and independent of any after taken husband and not to be subject or liable to his debts ? outstanding or engagements and I direct that the receipt or receipts of my said wife or of such person or persons as she shall from time to time appoint to receive the same shall notwithstanding any future coverture be a good and sufficient discharge or good and sufficient discharges to my said trustees or the survivor of them his executors or administrators for the same
and from and after the decease of my said wife then I direct that my said trustees or the survivor of them or executors or administrators of such survivor shall stand possessed of the sum of three thousand pounds part of the said sum of five thousand pounds or the stocks funds or securities in or upon which the same shall then stand invested upon the several trusts and to and for the several intents and purposes and under and subject to the several powers provisos and declarations hereinafter specified and declared of and containing the sum of eighteen thousand pounds hereinafter given to them or such of them as shall be then subsisting and capable of taking effect and as to the sum of two thousand pounds residue of the said sum of five thousand pounds or the stocks funds or securities in or upon which the same shall then stand invested upon trust to pay assign or transfer the same unto such person or persons in such parts shares and proportions manner and form as my said dear wife Katherine Denne by any deed or deeds writing or writings with or without power of revocation and ? appointment to be by her sealed and delivered in the presence of and attested to by two or more of credible witnesses or by her last Will and Testament in writing or any codicil thereto or any writing purporting to be or in the nature of her last Will and Testament or codicil to be by her signed and published in the presence of and attested by the like number of such witnesses shall direct or appoint give or bequeath the same and for want or in the default at such direction or appointment gift or bequest then I direct that the said two thousand pounds or the stocks funds or securities in or upon which the same shall then stand invested or so much thereof whereof as such direction or appointment gift or bequest shall be made shall sink into and be considered as part of the residue of my personal estate.

Item and give and bequeath to the said Richard Denne and John Cobb their executors or administrators the further sum of eighteen thousand pounds upon trust to lay out and invest the said principal sum as the same shall be received in their joint names or in the name of the survivor of them or the executors or administrators of such survivor in such some or one of the public stocks or funds or on Government or real securities at interest and to stand possessed thereof or of the stocks funds or securities in or upon which the same shall stand invested upon the several trusts and to and for the several intents and purposes hereinafter mentioned expressed and declared of and containing the same (that is to say)
in trust for all and every my daughters born and hereafter to be born equally to be divided between them share and share alike and to be paid assigned or transferred to them respectively upon their attaining their respective ages of twenty one years or being married under that age with the consent of their Guardian or Guardians for the time being which shall first happen and I will and direct that the dividends interest and annual proceed of the shares of my daughters respectively until the same shares shall respectively become payable or transferable or so much thereof as shall be necessary shall be paid to their Guardian or Guardians respectively for the time being for their respective maintenance education and support during their respective minorities and the residue of such dividends interest and annual proceed I direct shall be suffered to accumulate for their benefit respectively and in case of the death of any of my daughters under the age of twenty one years and without having been married with such consent as aforesaid then I direct that the share or shares of her or them so dying shall go to the survivors or survivor of my daughters equally to be divided between or amongst them if more than one share and share alike and to be payable or transferable at the same times or time and their or her original shares or share will become payable or transferable and such benefit of ? or survivorship I direct shall extend to the surviving or accruing(?) as well as to the original shares and in case all my said daughters shall happen to die under the age of twenty one years and without having been married with such consent as aforesaid then I direct the principal of the said trust monies or the stocks funds or securities in or upon which the same shall then stand invested shall sink into and become part of the residue of my personal estate.

I give to the said Richard Denne and John Cobb two of my Executors hereinafter named one hundred pounds each as a small acknowledgement for the trouble which they may have in the execution of the trusts of this my will and I do hereby subject and charge all and every my freehold and leasehold messuages or tenements lands hereditaments and premises in and of my personal estate to and with the payment of the several legacies hereinbefore given and bequeathed by me and subject to and charged therewith.

I give and devise unto the said Richard Denne and John Cobb their heirs executors and administrators all my freehold messuages or tenements lands and hereditaments whatsoever and wheresoever not comprised in my marriage settlement and also all my leasehold messuages lands and premises together with the benefit of renewal thereof to hold to the said Richard Denne and John Cobb their heirs executors administrators and assigns attending to the nature and quality of the said estates respectively to the use benefit and behalf of my son David Denne and such other son and sons as I may hereafter happen to have upon their respectively attaining the age of twenty one years equally to be divided between them share and share alike as tenants in common and not as joint tenants their respective heirs executors administrators and assigns according to the nature and quality of the said freehold and leasehold premises subject however as to the said leasehold premises to the rents and covenants under which I hold the same and I do hereby will and direct that the said Richard Denne and John Cobb their heirs executors or administrators do and shall receive and take the rents issues and profit of the respective shares of my said son David Denne and of such other son and sons as I may hereafter happen to have during their respective minorities and do and shall pay apply and dispose of such rents issues and profits or so much thereof as shall be necessary in or towards the maintenance education and bringing up of my said son and any such after born son and sons during their respective minorities and also in paying the rent of the said leasehold premises and in keeping the same in repair and in filling up the lives upon which the said leasehold premises are held in case any of the present lives shall drop during the minority of my said son and sons respectively and to accumulate the residue of the rents issues and profits of the said freehold and leasehold premises during such minority for the benefit of my son and sons and to pay to my said son David Denne and such other son and sons as I may hereafter happen to have their respective shares of such accumulations on their attaining their respective ages of twenty one years.

But in case my said son David Denne shall happen to die under the age of twenty one years and I shall not have any son who shall live to attain that age then and in such case I direct the said Richard Denne and John Cobb and the survivor of them and the heirs executors administrators or assigns of such survivor to stand seized and possessed of all and singular the freehold and leasehold hereditaments and premises hereinbefore devised and bequeathed to them as aforesaid to the use and behalf and benefit of all my daughters born and hereafter to be born equally to be divided between or amongst them share and share alike to take as tenants in common and not as joint tenants their respective heirs executors administrators and assigns according to the nature and tenure of the said estates and to pay them all accumulations of the rents and profits thereof in like equal shares and proportions provided nevertheless
and my will is that the sum of ten thousand pounds part of the aforesaid sum of eighteen thousand pounds given to or in trust for my daughters and so charged upon my freehold and leasehold estates in and of my personal estate as aforesaid shall not be raised or raisable until my youngest son for the time being shall have attained his age of twenty one years and in the meantime and until the said sum of ten thousand pounds shall be raised and paid I direct that interest for the same after the rate of four pounds per cent per annum shall be paid out of the residue of my personal estate or the rents issues and profits of my said freehold and leasehold estates provided always and my will is and I do hereby declare that it shall and may be lawful to and for the said Richard Denne and John Cobb or the survivor of them or the executors or administrators of such survivor during the minority of my sons if they or he shall think proper by indenture or indentures under their or his hands and seals or hand and seal to devise and lease all or any part or parts of my said freehold and leasehold messuages lands and hereditaments to any person or persons for all or any part of the term or number of years then to come of the minority of my youngest son for the time being in possession but not in reversion ? or ? or by way of future interest so as upon every such lease or leases then be served and made payable during the continuance thereof to be indent to and go along with the reversion ? thereon respectively the best and most improved yearly rent or rents that can be reasonably had or obtained for the same without taking any sum or sums of money or other thing by way of fine or income for or in respect of the same lease or leases and so as the lessee or lessees to be named in such leases respectively and their respective executors administrators or assigns be not made dispunishable of or for waste by any express words to be therein contained and so as in every such lease there be contained a condition or clause of ? for non payment of the rent or rents to be thereby respectively received and so as the respective lessees to whom such leases shall be made duly seal and deliver counterparts thereof respectively.

And as to all the rest residue and remainder of my personal estate and effects whatsoever and wheresoever and of what nature or kind soever I give and bequeath the same unto my said Executors upon trust to get in and receive and ? into money all such part thereof as shall not consist of monies in the public funds and lay out and invest the same in their joint names or in the name of the survivors or survivor of them or the executors or administrators of such survivor in some or one of the public stocks or funds or on Government or real securities upon the trust and for the purposes following (that is to say) upon trust for my said son David Denne and any other son or sons which I may hereafter happen to have equally to be divided between or amongst them share and share alike and in case I shall have no other son then the whole for my said son David Denne and to pay assign and transfer the same to them respectively upon their attaining their respective ages of twenty one years and I direct that the dividends interest and annual proceed thereof in the meantime or so much thereof as shall be necessary shall be paid or applied for or towards the maintenance and education of my sons respectively during their respective minorities and the residue (if any) of such dividends interest and annual proceed I direct shall be laid out at interest and accumulate for their benefit and in case of the death of my said son David Denne or any after born son or sons under the age of twenty one years then upon trust to pay the share or shares of him or them so dying unto the survivors or survivor of my sons to be equally divided amongst them if more than one share and share alike and to payable or transferable at the same times or time as their or his original shares or share will become payable or transferable and such benefit of survivorship or ? I direct shall extend to the surviving or ? as well as to the original shares
and in case of the death of all my sons under the age of twenty one years then upon trust to pay the residue of my estate and all accumulations thereof unto and amongst my daughters born and to be born and to be payable in such manner and with such benefit of survivorship between them as I have hereinbefore directed with receipt to the legacy of eighteen thousand pounds so given to or in trust for them as aforesaid
and in case of the death of all my daughters under the age of twenty one years and without having been married with such consent as hereinbefore mentioned then upon the death of the survivor or last of them upon trust to pay assign and transfer the residue of my personal estate or the stocks funds or securities in or upon which the same shall then stand invested in manner following (that is to say)
one third part to my said brother Richard Denne for his own use and benefit one other third part to my sister Mrs Sarah Parker for her own use and benefit and as to the remaining third part thereof to stand possessed thereof in trust to pay the dividends interest and annual proceed thereof unto my brother John Denne Esquire or his assigns for and during the term of his natural life and from and after his decease upon trust to pay or transfer the same the same third part unto my said brother Richard Denne and my said sister Sarah Parker in equal shares provided

and I do hereby declare my will and mind to be that it shall and may be lawful to and for my said Executors and the survivors and survivor of them and the executors or administrators of such survivor to apply and dispose of any part or parts of the residue of my estate for the placing out of any of my sons in any profession business or employment or for his or their instruction therein or otherwise for his or their benefit or advancement in the world notwithstanding they or any of them shall be then under the age of twenty one years provided also and I do hereby will and direct that my said Executors do and shall in case they shall think it proper or advisable continue to carry on the business of a farmer and grazier in which I am now or shall be engaged at the time of my decease until my eldest son for the time being shall attain the age of twenty one years or in case all my sons shall die under that age until the death of the survivor of them or during any part of the minority of my eldest son for the time being as they my said Executors shall think proper for the benefit of my estate and in case my business shall be continued or carried on by my Executors I direct that my house at Lydd in which I now reside shall be kept on and that my wife and children during their respective minorities shall reside therein and be maintained boarded and lodged out of the profits to arise from my business aforesaid and I will and direct that my Executors shall be at liberty to employ so much of the sum of eight thousand pounds part of the said sum of eighteen thousand pounds so given and bequeathed by me to or in trust for my said daughters as aforesaid in my said businesses as they shall from time to time think proper or necessary during the respective minorities of my said daughters or until they shall be respectively married with such consent as hereinbefore mentioned allowing a paying interest to my said daughters on the said eight thousand pounds or so much thereof as shall from time to time remain or be employed in my said businesses at and after the rate of five pounds per cent per annum from the respective times of advancing the same and also that my said Executors shall be at liberty to employ such person or persons as they in their discretion shall think proper as a Bailiff or Bailiffs or otherwise to conduct and manage my said businesses respectively under their control and direction and to allow and pay to such person or persons so be employed such allowance for his or their care and trouble in managing and carrying on the same as they my Executors in their discretion shall think proper and I direct that all payments which shall be made by my Executors on account of their continuing and carrying on my said businesses and all expenses of keeping on my house at Lydd aforesaid and the allowance to be made to such person or persons as they shall employ in the managing and carrying on of my said businesses as aforesaid shall be allowed them in their accounts and the residue of the monies to be produced by the carrying on of my said businesses I will and direct shall constitute part of the residue of my estate and be subject to the same trusts as are herein before expressed and declared containing the same and I direct that my said trustees or either of them shall not be answerable or accountable for any loss which may happen to my estate so as that the same do not happen through their wilful default or neglect and that neither of them shall be answerable or accountable for the other of them or for the acts deeds receipts or payments of the other of them but each of them for his and her own acts deeds receipts payments neglects and wilful defaults only and I will and direct that my said trustees and each of them shall and may retain to and reimburse themselves respectively and allow to his and her co-trustees out of my said estate all such costs charges damages and expenses as they or either of them shall or may pay sustain or be put unto in or about the execution of the trusts of this my will

and I nominate and appoint my said dear wife Katherine Denne during her widowhood only Guardian of the persons and fortunes of my children during their respective minorities and I do hereby constitute and appoint my said dear wife during her widowhood only and my said brother Richard Denne and my said brother in law John Cobb Executors of this my will and in case of the death or second marriage of my said wife I appoint the said Richard Denne and John Cobb Guardians of the persons and fortunes of my children during the residue of their respective minorities

and lastly hereby revoking all former wills by me at any time heretofore made I declare these presents only contained in eight sheets of paper to be my last Will and Testament. In witness whereof I the said David Denne the Testator have to the first seven sheets hereof set my hand only and to this eight and last sheet my hand and seal this fifth day of March in the year of our Lord one thousand eight hundred and four. 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 in the said testators presence at his request and also in the presence of each other have hereunto subscribed our names as witnesses
Edwin Dawes, Thomas Dawes, Thomas Proctor Clerk to Messrs Dawes.

This is a codicil to the last Will and Testament of me David Denne of Lydd in the County of Kent Esquire bearing date the fifth day of March in the year one thousand eight hundred and four whereas since the making of my will I have had another daughter born and my fortune is increased. I do therefore by this codicil to my will give and bequeath unto my brother Richard Denne Esquire and my brother in law John Cobb Esquire two of my Executors named in my said will the sum of ten thousand pounds in addition to the sum of eighteen thousand pounds given to them by my said will in trust for my daughters upon the several trusts and to and for the several intents and purposes in my said will mentioned expressed and declared of and containing the sum of eighteen thousand pounds thereby given to them and in all other respects thereby confirm my said will.

In witness whereof I the said David Denne have to this codicil to my last Will and Testament set my hand and seal this thirty first day of March in the year of our Lord one thousand eight hundred and seven. And I do hereby subject and charge all and every my freehold and leasehold estates in and of my personal estate to and with the payment of the said additional sum of ten thousand pounds. David Denne Signed sealed published and declared by the said David Denne the Testator as and for a codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.
Thomas Dawes of Angel Court, Throgmorton Street, James Doherty, Charles Chatfield, Clerks to Messrs Dawes.

Proved at London with a codicil the 23rd March 1819 before the Judge by the oaths of Katherine in the will written Katherine Denne widow the relict during her widowhood and John Cobb Esq the surviving Executors to whom administration was granted having been first sworn by commission duly to administer.


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Will of David Denne
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