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Will of Thomas Denne

of Northbourne, Kent


Source: Archdeaconry Court of Canterbury Vol.109 f.341
Transcribed by Brian Denn
This is the last Will and Testament of me Thomas Denne the elder of the Parish of Northbourne in the County of Kent, Yeoman made this twenty first day of October in the year of our Lord one thousand eight hundred and thirty four as follows (that is to say).

I give and bequeath all my household goods and furniture, plate linen and china together with the sum of thirty pounds of lawful money of Great Britain unto my well beloved wife Sarah Denne absolutely and I direct that the said sum of thirty pounds shall be paid to her within three calendar months next after my decease.

And I give devise and bequeath all and singular my freehold messuages, lands, tenements, hereditaments and real estate whatsoever and wheresoever unto my two friends John Noakes of the Parish of Great Mongeham in the said County of Kent, Brewer and William Nethersole the younger of West Street in the said Parish of Northbourne, Yeoman their heirs and assigns upon trust that the said John Noakes and William Nethersole or the survivor of them or the heirs and assigns of such Trustee do and shall as soon as conveniently may be after my decease sell and dispose of the same either 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 for such piece or pieces as to ? ? shall ? ? and do and shall stand and be possessed of or interested in the money arising from such sale or sales upon the trust hereinafter mentioned concerning the same.

I give and bequeath all the rest residue and remainder of my goods chattels and effects debts due and owing to me, money securities for money, money in any of the public stocks or funds of this Kingdom and all other my personal estate whatsoever unto the said John Noakes and William Nethersole their executors, administrators and assigns upon trust that they or the survivor of them or the executors, administrators or assigns of such survivor do and shall sell dispose of call in and convert into money such part of my said personal estate as shall not consist of money and do and shall stand and be possessed of and interested in the money into which the same shall be so ? and of ? in such part of the same as shall consist of money upon the trusts hereinafter mentioned (that is to say) my will is and I do hereby direct that the said John Noakes and William Nethersole their heirs executors administrators and assigns shall stand and be possessed of and interested in all the monies to arise from the sale or sales hereinbefore directed by me to be made of my said freehold estates or to arise and be produced from my personal estate and effects and of and in the money which I shall be possessed of or entitled to at the time of my decease upon trust that they the said John Noakes and William Nethersole and the survivor of them and the heirs executors administrators and assigns of such survivor do and shall by trust and out of the same pay my funeral and testamentary expenses and debts and all legacies given by this my will or which I shall give by any codicil thereto and do and shall lay out and invest in them or his ? or ? 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 to be from time to time altered or ? as occasion may require such a part of the said trust money as will produce an annual sum of fifty pounds clear of all deductions and permit the same annual sum of fifty pounds to be received by her my said wife during her life by two equal half yearly payments in every year and the first half yearly payment thereof to be ? of ? and of six calendar months next after my decease.

And I do hereby will order and direct that they the said John Noakes and William Nethersole and the survivor of them and the executors administrators and assigns of such survivor do and shall stand and be possessed of and interested in all the rest residue and remainder of the said trust monies from and immediately after my decease and also of ? in the said trust monies stocks funds securities and the money to ? by sale thereof from and immediately after the decease of her my said wife and all other my property and effects not hereinbefore otherwise disposed of ? the trusts and ? the intents and purposes following (that is to say) upon trust to pay one full fifth part or share thereof unto my son Thomas Denne his executors administrators and assigns the sum of six hundred and forty five pounds and from my said son Thomas Denne to me being considered as part of the same shall ? accounted for accordingly.

And upon trust to pay one other full equal fifth part or share thereof unto my son Vincent Denne his executors administrators and assigns the sum of five hundred and twenty pounds due from my said son Vincent Denne to use being considered part of the same share and accounted for accordingly.

And upon further trust to pay one other full equal fifth part or share thereof unto my son William Denne his executors administrators and assigns the sum of fifty one pounds due from my said son William Denne to use being considered part of the same share and accounted for accordingly.

And upon further trust to pay one other full equal fifth part or share thereof unto my daughter Sarah the wife of Thomas Mackney her executors administrators and assigns the sum of two hundred and twenty five pounds herebefore advanced to her my said daughter Sarah Mackney or otherwise due and owing from her my said daughter being considered part of the same share and accounted for accordingly.

And upon further trust to pay the other or remaining one full equal fifth part or share thereof unto my son Robert Denne his executors administrators and assigns the sum of two hundred and fifty one pounds due to from me my said son Robert Denne being considered part of the same share and accounted for accordingly.

And I declare my will and mind to be that the receipt or receipts of the said John Noakes and William Nethersole or the survivor of them or the heirs executors administrators or assigns of such survivor for any sum or sums of money payable to them or him under or by virtue of this my will shall be a good and effectual discharge and good and effectual discharges for the sum or sums of money therein respectively mentioned to be ? and that the person or persons paying the said sum or sums of money and taking such receipt or receipts for the same shall not be afterwards answerable or accountable for the misapplication or nonapplication or herein any ? ? or answerable(?) to ? to the application of the money therein mentioned and acknowledged to be received. Provided also and I declare my will to be that if the said John Noakes and William Nethersole or either of them or any trustee to be appointed in the place of them or either of them or either or any of their heirs executors or administrators shall die or desire to be discharged from or become incapable to act in the execution of the trusts of this my will before the same trusts shall be fully performed then and as often as the same shall happen it shall be lawful for the surviving or continuing Trustees or Trustee for the time being or the heirs executors or administrators of the last surviving Trustee (with the correct and approbation ? said wife during her life and after her decease of their or his own proper authority) by any ? under their or his hands or hand to appoint any other person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desirous to be discharged from or becoming incapable to act in the trust of this my will and when any new Trustee or Trustees shall be so appointed all ? acts deeds and ? shall be made done and executed for vesting the Trust, Estates, Monies and Premises accordingly and every such new Trustee shall have all the powers of the Trustee in whose place he shall be substituted.

And I appoint the said John Noakes and William Nethersole joint Executors of this my will and I declare that my said Executors and the several Trustees and Trustee for the time being under this my will shall be answerable for such monies only as they respectively shall actually receive and that the one of them shall not be responsible for the acts of the other or others of them nor for(?) involuntary ? and that it shall be lawful for them respectively by and out of the monies which shall come to their respective hands by virtue of this my will to retain to and reimburse themselves respectively and to allow to their respective Co-Trustees for the time being all costs and expenses which they or any of them shall incur or be put into in the execution of the trusts hereinbefore contained or in relation thereto. And lastly I revoke all former wills by me made. In witness whereof I the said Thomas Denne the elder the Testator have to this my last Will and Testament contained in five sheets of paper annexed together to the first four sheets thereof set my hand and to this fifth and last sheet thereof my hand and seal the day and year first aforesaid. Thomas Denne ? Signed sealed published and declared by the said Thomas Denne the elder 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 ? of Deal, John Iggalden(?) and ? ? Hammond Clerk to his ?.


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Will of Thomas Denne
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