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Will of John Denne

of Adisham, Kent


Source: Prerogative Court of Canterbury 1821
Transcribed by Brian Denn
This is the last will and testament of me John Denne of the Parish of Adisham in the County of Kent Yeoman who am in health and of sound mind perfect and disposing mind memory and understanding praised be God for the same and as to all my worldly estate and effects whatsoever and wheresoever I dispose thereof in as hereinafter mentioned (that is to say)

I give and bequeath the sum of one thousand and five hundred pounds of good and lawful of Great Britain and Ireland unto oath of my two daughters Elizabeth Denne and Mary Denne the younger and to their respective executors and administrators to and for their own respective use and benefit absolutely to be paid to them at the expiration of twelve calendar months next after my decease or at their respectively attaining the age of twenty one years if both of them or is not of age at that time

also I give and devise all and every my freehold messuages, lands, tenements, hereditaments and real estate whatsoever and wheresoever with their and every of their rights members and appoints unto my dear wife Mary Denne and her assigns for and during the term of her natural life if she shall so long remain and continue my widow without impeachment of or for any manner of waste and from and immediately after her decease or marriage again which shall first happen.

Item I give and devise all and every my said freehold messuages, lands, tenements, hereditaments and real estate as aforesaid unto and for the only proper use and behoof of my said two daughters the said Elizabeth Denne and Mary Denne the younger their heirs and assigns for ever equally to be divided between them share and share alike as tenants in common and not as joint tenants.

Also I give and bequeath all and singular my leasehold messuages farms lands and other my personal estate and effects whatsoever and wheresoever and of what nature or kind soever the same shall or may consist and be at the time of my decease after and subject to the payment of all my just debts, funeral expenses the charges of proving and executing this my will and all other incidental charges and expenses whatsoever unto my said dear wife the said Mary Denne and her assigns for and during the term of her natural life if she shall so long remain and continue my widow as aforesaid and from and immediately after her decease or marriage again as aforesaid. I give and bequeath all and singular my said leasehold messuages, farms lands and other my personal estate and effects as aforesaid unto my said two daughters the said Elizabeth Denne and Mary Denne the younger equally to be divided between them share and share alike and to take as tenants in common and not as joints tenants and to their respective executors and administrators to and for their own respective proper uses and benefit absolutely

provided and my will and meaning is and I do hereby order direct and declare that in the event of the marriage again of my said wife and every my said freehold and leasehold messuages lands tenements hereditaments and other real and personal estate and effects as aforesaid shall be subject to and chargeable with the payment of one annuity or clear rent charge or sum of fifty pounds of like lawful money unto my said wife the said Mary Denne and her assigns for and during the term of her natural life by four and equal quarterly payments at the four usual quarter days of payment of next in the year without any deduction or abatement whatsoever the first payment thereof to begin and be made on such of the said quarter days as shall first and next happen after the decease marriage again of my said wife. I do hereby give and bequeath unto her my said wife the said Mary Denne the said annuity or clear yearly rent charge or sum of fifty pounds accordingly and I do hereby direct that the same shall not be paid or payable to any person or persons who may claim the same by virtue of any bargain sale or assignment from her or from any husband whom she may happen to marry and that the same shall not be paid into the hands of any person or persons whom she may happen to marry but only to her own proper hands during her natural life whether she be sole or married and I hereby further direct that if she and any husband she may marry or either of them shall sell the said annuity or yearly rent charge or sum of fifty pounds or in any manner dispose thereof so that my said wife the said Mary Denne shall be no longer entitled thereto that then the said annuity shall cease and be no longer chargeable(?) or payable out of all or any part of my said real and personal estate and I do hereby further declare my will and meaning to be that in case the said annuity or clear yearly rent charge or sum of fifty pounds or any part thereof shall be behind and unpaid by the span of twenty one days next over or after any or other of the days of payment on which as aforesaid the same ought to be paid as aforesaid then and so after it shall and may be lawful to and for my said wife the said Mary Denne and her assigns to enter into and upon all and every my said freehold and leasehold messuages lands tenements hereditaments and premises charged with the payment of the said annuity or clear yearly rent charge or sum of fifty pounds as aforesaid or any part of them and distrain for the same or for so much thereof as shall be so in arrear and the distress and distresses then and there found to take lead drive and carry away impound detain and keep or otherwise to sell and dispose of the same until the said annuity or clear yearly rent charge or sum of fifty pounds and all arrears thereof and all costs charges damages and expenses in and about the ...... the same or any part thereof shall be fully satisfied contracted and paid

and I do hereby devise the guardianship care and education of my said two daughters the said Elizabeth Denne and Mary Denne the younger during their respective minorities unto my said wife the said Mary Denne and I do hereby make ordain nominate constitute and appoint my said wife the said Mary Denne and my said two daughters the said Elizabeth Denne and Mary Denne the younger Executrixes of this my last Will and Testament and I do hereby revoke and make void all former and other wills and testaments by and at any time herebefore made and I do declare those presents only to be and contained my last Will and Testament. In witness whereof I the said John Denne the Testator have to this my last Will and Testament in writing in three sheets of paper contained set my hand at the bottom of the two preceding sheets and my hand and seal to this third and last sheet thereof this sixteenth day of December in the year of our Lord one thousand eight hundred and fifteen. John Denne Signed sealed published and declared by the said John Denne the Testator 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 Worthy Junior, Canterbury, Joiner, John Buckton, Canterbury, Attorney, John Miles his Clerk.

I John Denne the above named Testator do by this codicil to my above written last Will and Testament bearing date the sixteenth day of December now last part make ordain nominate constitute and appoint my friend John Laslett of the Parish of Goodnestone next Wingham in the County of Kent, Yeoman to be an Executor of my said last Will and Testament in conjunction with my wife Mary Denne and my daughters Elizabeth Denne and Mary Denne the younger the Executrixes therein and thereby named anything in my said last Will and Testament contained to the contrary thereof notwithstanding and I do hereby ratify and confirm my said last Will and Testament in all the other particulars thereof. In witness whereof I the said John Denne the Testator have hereunto set and affixed my hand and seal the ninth day of February in the year of our Lord one thousand eight hundred and sixteen. John Denne. Signed sealed published and declared by the said John Denne the Testator 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.
E Desse?, John Buckton, Henry Buckton.

Proved at London with a codicil attached October 1821 before the judge by the oaths of Mary Denne, widow the relict and Elizabeth and Mary Denne spinsters the daughters the Executrixes named in the will and John Haslett the Executor named in the codicil to whom administration was granted having first been sworn by commission duly to administer.


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Will of John Denne
Created by Maureen Rawson