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Will of Thomas Denne

of Wingham, Kent


Source: Prerogative Court of Canterbury 1821
Transcribed by Brian Denn
This is the last Will and Testament of me Thomas Denne of the Parish of Wingham in the County of Kent, Tailor I being of sound mind memory and understanding. First I direct that all my just debts and funeral and testamentary charges and exposures maybe only paid and satisfied as soon as conveniently may be after my decease
also I give and bequeath unto my wife Judith Denne all my household goods and furniture, plate, linen, china, books pictures wearing apparel and wines and other liqueurs which I shall have in my house of ? of the time of my decease to and for her own sole and absolute use and benefit and disposal

and I give and bequeath all the rest, residue and remainder of my Goods Chattels and Personal Estate and Effects whatsoever of what nature or kind soever or wheresoever unto my sons Benjamin Denne and Henry Denne their executors, administrators and assigns upon trust that the said Benjamin Denne and Henry Denne or the survivor of them his executors or administrators do and shall as soon as conveniently may be after my decease collect get in and receive all and singular the debts which shall then be due and owing to all and sell dispose of and convert into money or Securities for money and do and shall stand and be possessed of all and singular the monies which shall be then be collected or raised or received as aforesaid upon the trusts hereinafter declared containing the same and I give and devise all such part of my said Residuary Personal Estate and Effects as shall not consist of money to the said Benjamin Denne and Henry Denne their heirs and assigns all and every my messuages lands tenements hereditaments and real estate whatsoever and wheresoever with their and every of their rights ? and appertuances to hold the same unto and to the use of the said Benjamin Denne and Henry Denne their heirs and assigns for ever upon the trusts hereinafter expressed declared and contained concerning the same (that is to say) upon trust that the said Benjamin Denne and Henry Denne or the survivor of them his heirs or assigns of his or their own proper authority do and shall at any time or times when he or they in their execution shall think proper and most convenient after my decease make sole and absolutely dispose of all and every my said messuages lands tenements hereditaments and real estate hereinbefore devised to them with the appertuances and all my estate and interest therein in such lots or parcels and either by public auction or by private contract or partly by public auction and partly by private contract as the said Trustees or Trustee shall think fit or advisable and convey(?) or otherwise assure the same when sold unto the person or persons who shall agree to become the purchaser or purchasers thereof his her or their heirs and assigns or to such other person or persons or to for or upon such uses trusts intents and purposes as he she or they shall direct or appoint and do and shall stand and be possessed of the money arising from such last mentioned sale or sales upon the trusts hereinafter declared on receiving(?) the same.

And I hereby direct appoint and declare and it is my will and meaning that the person or persons respectively who shall become the purchaser or purchasers of my said real estate or any part thereof his her or their heirs executors administrators or assigns shall not be obliged or required to see to the application of the money to be paid by him her or them respectively as the consideration of such purchase or purchases or be answerable or accountable for the misapplication or nonapplication of the same money or any part thereof after the same shall have been paid to or to the order of the said Benjamin Denne and Henry Denne or the survivor of them his executors or administrators and that every receipt which shall be given by him or them for such purchase money or any part thereof shall be a good valid and sufficient aquittance and discharge for the sum or sums of money which therein or thereby respectively shall be acknowledged or expressed to have been received and I direct and declare that the said Benjamin Denne and Henry Denne their heirs, executors administrators and assigns shall stand and be possessed of all and singular the monies which shall be collected or raised and received upon or by virtue of the trusts hereinbefore contained and which shall remain after payment of my said debts and expenses hereinbefore mentioned and subject nevertheless to the payment of all the costs charges and expenses of and attaining the execution of the trusts herein contained upon the trusts and for the ? intents and purposes hereinafter expressed and declared concerning the same (that is to say)

upon trust that the said Benjamin Denne and Henry Denne or their survivor of them his executors or administrators do and shall lay out and invest the sum of one thousand pounds of lawful money of Great Britain (part of the said trust monies) at interest in or upon any of the Government or Parliamentary stocks or funds of Great Britain or upon real securities in England and do and shall change and vary the stocks funds or securities in or upon which the same shall from time to time be invested when and as they or he my said Trustees or Trustee shall think proper and do and shall pay the dividends interest and income of the said sum of one thousand pounds unto and to the use of my said wife Judith Denne and her assigns for and during the term of her natural life and from and immediately after her decease do and shall pay assign or transfer the said sum of one thousand pounds and the stocks funds and securities in or upon which the same shall be invested as aforesaid unto my five sons John Denne, Benjamin Denne, Henry Denne, William Denne and George Denne equally to be divided between or among them share and share alike as tenants in common and not as joint tenants and to their several and respective Executors, administrators and assigns

and upon further trust that they the said Benjamin Denne and Henry Denne or the survivor of them his executors or administrators do and shall lay out and invest the sum of six hundred pounds of like lawful money of Great Britain (other part of the said trust monies) at interest in or upon any of the Government or Parliamentary stocks or funds of Great Britain or upon Real Securities in England and do and shall change and vary the stocks funds or securities in or upon which the same shall from time to time be invested when and as they or he my said Trustees or Trustee shall think proper and do and shall pay the dividends interest and income of the said sum of six hundred pounds as the same shall from time to time ? and be received unto my daughter Elizabeth Oldfield wife of William Oldfield of the Parish of Wingham aforesaid Bricklayer for and during the term of her natural life to and for her own sole separate and perculiar use and benefit and so as the ? or any part thereof shall not be subject or in any manner liable to the debts control engagements so ? of her said husband or of any future husband whom my said daughter may happen to marry and my will is and I do hereby expressly direct and declare that the receipt and receipts of my said daughter Elizabeth Oldfield under her hand shall notwithstanding her coverture be a good and sufficient discharge to my said Trustees or Trustee for the time being for so much of the said dividend interest and income as in such receipt or receipts shall be acknowledged or expressed to have been received and from and after the decease of my said daughter Elizabeth Oldfield upon trust that they my said Trustees or Trustee do and shall pay assign or transfer the said sum of six hundred pounds and the stocks funds and Securities in or upon which the same shall be invested as aforesaid unto and amongst and between all and every the child and children of my said daughter Elizabeth Oldfield already ? or hereafter to be ? ? lawfully begotten that shall be living at the time of the decease of her my said daughter in equal shares and proportions to be paid assigned or transferred to them respectively as and when they shall respectively attain the age of twenty one years or be about(?) that age ? ? living(?) at their respective deaths(?) and to be payable and be paid as soon after the said respective ages shall be attained as ? may be provided always and it is my will and meaning and I do hereby order and direct that in case any one or more of the children of my said daughter Elizabeth Oldfield already born(?) or hereafter to be born(?) alive that shall be living at the time of her decease shall happen to ? and ? this life under the age of twenty one years without leaving any issue of his her or their body or respective bodies living at his her or their death or respective deaths then that they my said Trustees or the survivor of them or the executors or administrators of such survivor so and shall pay assign and transfer the original share or shares of and in the said sum of six hundred pounds Stocks funds and Securities which under or by virtue of the Trusts herein before contained shall belong to the child or children respectively who shall ? as aforesaid and also that part or share or those parts or shares (if any of and in the same trust) monies Stocks funds and Securities which shall from time to time belong to or be taken by the same child or children under this ? provision and also the ? if any of the dividends interest and income arising from his her or their share or respective shares unto the other or (if more than one) the others of the same children to be equally divided between or among them (if more than one) share and share alike as tenants in common and not as joint tenants and his her or their executors administrators and assigns and to be vested at the said ages or times hereinbefore appointed respecting the original share or shares and to be paid transferred or assigned as soon afterwards and also after the death of each child so ? as aforesaid as conveniently may be and I further direct and declare that after the decease of my said daughter Elizabeth Oldfield it shall be lawful for my said Trustees or Trustee to apply the dividends interest and income of the share of each of the said children of my said daughter of and in the said sum of six hundred pounds Stocks funds and Securities in or towards his or her maintenance duration(?) and ?

and upon further trust that they the said Benjamin Denne and Henry Denne or the survivor of them his executors or administrators do and shall pay assign or transfer the other or remaining part of the same trust monies so to be collected ? and ? as aforesaid unto them my said five sons John Denne, Benjamin Denne Henry Denne William Denne and George Denne equally to be divided between or assign(?) them share and share alike as tenants in common and not as joint tenants and to their several and respective Executors administrators and assigns and I do constitute and appoint my said sons Benjamin Denne and Henry Denne Executors of this my Will and do hereby revoke and make void all and every other will or wills made by me heretofore and do declare that this present writing(?) (? in five sheets of paper) alone(?) contains(?) the whole of my last Will and Testament ? ? also and it is my will and meaning that the said Benjamin and Henry Denne their heirs executors and administrators and assigns shall be charged and chargeable only for such monies(?) as he or they shall respectively actually waive by virtue of the trusts hereby in them imposed nor shall he or they or either of them be answerable or accountable for my ? ? or other persons 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 in the execution of any of the trusts hereinbefore mentioned nor shall they or any of them be at any time answerable or accountable for the insufficiency or deficiency of any Security or Securities Stocks or funds in or upon which the said trust monies or any part thereof shall be placed out or invested nor for any other ? which may happen to the aforesaid trust premises except the same shall happen by or through their own wilful default respectively and that out of them shall not be answerable or accountable for the other of them or for the acts deeds defaults receipts or disbursements of the other or others of them (notwithstanding they or other of their shall join in any scripts for ?) but each of then for the acts deeds defaults and disbursements of himself only and also that they the said Benjamin Denne and Henry Denne their heirs executors administrators and assigns shall and may by and out of the monies which shall or may come to their or his hands or hand by virtue of the Trusts aforesaid ? to and reimburse themselves and himself all costs charges damages and exposures which he or they shall or may suffer sustain expound disburse or be put unto in or about the execution of the trusts hereby in them ? or in relation thereunto

In witness whereof I the said Thomas Denne the Testator have to the first four sheets of this my last Will and Testament (in five sheets of paper contained) set my hand and to this fifth and last sheet thereof my hand and seal this thirteenth day of June in the year of our Lord one thousand eight hundred and fourteen. Thomas Denne signed sealed published and declared by the said Thomas 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.
George Noakes of Sandwich , Henry Wood, Edward Gibbons ? ? ? ?

This is a codicil to be annexed to and to be devised(?) and taken as part of the last Will and Testament of me Thomas Denne of the Parish of Wingham in the County of Kent, Tailor which will bears date the thirteenth day of June in the year one thousand eight hundred and fourteen whereas ? the date and execution of my said will my son John Denne named in my said will hath departed this life leaving ? several children of his body lawfully begotten now I do hereby give and bequeath all and singular the part and share and parts and shares of and in the trust monies Stocks funds and Securities out of and in all other my Estate and Effects whatsoever and wheresoever which was or were given by my said wife(?) unto or in trust for my said son John Denne unto all and every the child and children of him my said late deceased son John Denne that shall be living at the time of my decease equally to be divided between or among them if more than one as tenants in common and not as joint tenants and to be vested in him her or their respectively as and when the he she or they ? ? shall attain his her or their respective ages of twenty one years it being my meaning and intention that such of the children of my said deceased son John Denne as shall be living at the time of my decease shall be entitled to and have such and the same proportion and parts or shares of my property and effects as and or were by my said will given to or intended for him and to which he would have been entitle in ? had survived ? and I so hereby direct and declare that during the ? or ? ? of any of the said children of my said late deceased son John Denne their dividends interest and income of their respective ? of and in the several legacies or bequests hereinbefore by me given to ? intended for them respectively shall be ? by my Trustees and Executors in and by my said will nominated and as ? or the survivors or survivor of them or the Executors or administrators of such survivor and shall be applied by them or him the maintenance education(?) and support of such children respectively until he she or they shall respectively attain the age of twenty-one years

and I do hereby ratify and confirm my said will in all respects other than and except as the same is hereinbefore ? or ? in witness whereof I the said Thomas Denne the Testator have hereunto set my hand and seal this thirty first day of January in the year of our Lord one thousand eight hundred and twenty. Thomas Denne Signed sealed published and declared by the said Thomas Denne the Testator as and for a codicil to be annexed to and to be ? and taken as part of this 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.
Henry Hudson, Leonard(?) Miller, William Lee ? to ? ? of Sandwich(?)

Proved at London with a codicil the 23rd August 1821 before the Judge by the oaths of Benjamin Denne and Henry Denne the sons the Executors to whom administration was granted having first been sworn by ? duly to administer.


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Will of Thomas Denne
Created by Maureen Rawson