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Will of Mary Denne

of Rodmersham, Kent


Source: Prerogative Court of Canterbury 1837
Transcribed by Brian Denn
This is the last Will and Testament of me Mary Denne of Rodmersham in the County of Kent, widow.
I give and devise unto my nephew George Lake of Higham in the County of Kent, yeoman and John Lake of Lincolns Inn in the County of Middlesex, Gentleman whom I have hereinafter appointed Executors of this my will all that freehold messuage at Rodmersham aforesaid now in my own occupation with the orchard land and appertuances thereunto belonging ? the same unto the said George Lake and John Lake their heirs and assigns upon trust absolutely to sell and dispose of my said freehold estate by public auction or private contract to any person or persons willing to become the purchaser or purchasers thereof for such price or sum of money as to my said trustees or trustee for the time being shall seem ? and reasonable and for that purpose to enter into and execute all such contracts agreements conveyances and assurances which to my said trustees or the survivor of them his heirs executors administrators or assigns shall seem ? And I declare that the receipt or receipts of the trustees or trustee for the time being of this of this my will shall be a sufficient and effectual discharge to such purchaser or purchasers for the purchase money or for so much thereof as in such receipt or receipts shall be expressed or acknowledged to be received. And that such purchaser or purchasers after having obtained such receipt or receipts shall not be obliged to see to the appuration(?) of the said purchase money or any part thereof or answerable for the misunapplication or unapplication thereof or of any part thereof.

And I direct my said Executors to collect my personal estate and convert the same into money or invest it on Government or real securities and apply the same and also the produce by sale of my said real estate in discharge of my debts funeral and testamentary expenses and divide the residue thereof into four equal parts and pay transfer or assign out equal fourth part thereof unto each of my sons Thomas Denne and Richard Denne his respective executors administrators and assigns to whom I give and bequeath the same to and for his and their own use and benefit upon having a proper release and discharge executed to my said Executors.

And as to the other fourth part thereof I direct my said Executors to pay and deliver over the same one fourth part unto my sons Thomas and Richard Denne and to the said George Lake upon the trusts hereinafter declared concerning the same that is to say upon trust to lay out and invest the same in their or his names or name in the public stocks or funds of Great Britain or on Government or real security in England with full power with the consent of my daughter Mary Solly during her life testified by ? writing under her hand and after her decease at their or his discretion to alter vary or transpose such stocks funds and securities for such other securities of the same or the like nature as to them or him shall seem expedient. And I direct my said last named trustees to stand possessed of the trust funds and securities as which the same and fourth part shall be invested in trust to receive the dividends interest and annual income thereof and pay the same into the proper hands of my said daughter Mary during her natural life for her sole and separate use independently of her present or any future husband or of his debts or engagements and without any power in my said daughter to affect her interest by anticipation and so that he may not have the power when ? from coverture of transferring or charging her interest during any future coverture but that she may be entitled to the said interest from time to time whilst subject to coverture and that this provision for her may be considered as made subject to this direction and the trust fund liable in equity to be settled and held accordingly. And I declare that the receipt of my said daughter Mary for the said income after the same shall become payable shall be a sufficient discharge to my said last named trustees or trustee for the time being and after the decease of my said daughter Mary in trust as to both principal and income for all and every the child or children of my said daughter who being a son or sons shall attain the age of twenty one years or die under that age leaving issue of his body then living or being a daughter or daughters shall attain that age or be previously married to be equally divided between them as tenants in common and not as joint tenants and his her and their executors administrators and assigns.

And in case my said daughter Mary shall not have a son who shall attain the age of twenty one years or die under that age leaving issue of his body then living nor any daughter who shall attain that age or be married then I direct my said trustees to stand possessed of the same trust funds and securities in trust to pay and dispose of the same in such manner and for such purpose as my said daughter Mary notwithstanding coverture shall by her will in writing or any codicil thereto or any writing in the nature of or purporting to be her will or codicil to be signed by her in the presence of and attested by two or more witnesses direct or appoint and in default of such direction or appointment and so far as the same shall not extend in trust as to each third part thereof for each of my said sons Thomas William and Richard absolutely.

And as to the remaining or other fourth part of the produce or said real estate and of my personal estate so as aforesaid directed to be divided into four equal parts upon trust to pay the same to my said sons Thomas and Richard Denne and to the said George Lake who I direct shall hold and apply the same upon the several trusts for the several ends intents and purposes herein declared containing the same that is to say upon trust to pay to my said son William the sum of two thousand pounds and invest the residue in the public stocks or funds of Great Britain or on Government or real security in England with full power from time to time to alter vary or transpose such stocks funds and securities for such other securities of the same or the like nature as to them or him shall seem expedient and to stand possessed of the last mentioned trust monies stocks funds and securities from time to time during the life of my said son William Denne upon trust to pay the interest and dividends thereof to my said son William Denne until he shall assign transfer charge or ? the same or become bankrupt or take the advantage of any Act of Parliament for the Relief of Debtors who are insolvent or till the same shall be seized by operation or act of law and then and thenceforth during the life of my said son William upon trust to pay and apply the same interest dividends and profits for the maintenance and support of my said son William and his wife and children or some one or more of them in such way and manner and in such shares as my said trustees shall in their discretion think right and proper and from after the decease of my said son William Denne upon trust to stand possessed of the same trust funds securities and premises in trust for all and every the child or children of my said son William Denne who being a son or sons shall attain the age of twenty one years or be under that age leaving issue of his body then living or being a daughter or daughters shall attain that age or be previously married to be equally divided between them as tenants in common and not as joint tenants and his her and their executors administrators and assigns and in case the said William Denne shall not have a son who shall attain the age of twenty one years or die under that age leaving issue of his body then living nor any daughter who shall attain that age or be married then I direct my said trustees for the time being to stand possessed of the same trust funds and securities in trust to pay and dispose of the same in such manner and for such purposes as my said son William Denne by his will signed by him and attested as last aforesaid shall direct or appoint.

And in default of such direction or appointment and so far as the same shall not extend in trust as to each ? third part thereof for each of my said sons Thomas and Richard and my daughter Mary and I direct that the receipt of the said Thomas Denne Richard Denne and George Lake or the survivor of them his executors or administrators or other the trustee or trustees of this my will to be appointed in pursuance of the power hereinafter contained shall be a full and complete discharge to the Executors for the money paid to such trustees or trustee and to guard against the consequences of my surviving either of my children I direct that in the event of the death of any or either of my said sons or daughter Mary in my lifetime leaving children such children shall take the property intended for the parent. And I direct the same to be applied accordingly provided always and I hereby authorise and empower the trustees or trustee for the time being of the said ? fourth parts of my said residuary property if in their or his discretion they or he shall deem it advisable by and with the consent of my daughter the said Mary Solly during her life as to the share or proportion hereby settled on her and her children and after her decease then of the proper authority of my said trustees and as to her share hereby provided for my said son William Denne and his children either in the lifetime of my said son or after his decease as they shall so occasion to pay and apply any part or parts of the share or presumptive shares of any child children or issue of each of them my said son William Denne and daughter Mary Solly respectively or of the income thereof in or towards his her of their maintenance education procurement ? or benefit in the world notwithstanding the share or shares of any such child children or issue shall not then be vested or payable and that the income of any ? or presumptive share or shares shall in case any child or the ? entitled thereto be improved at interest by way of accumulation and follow the expositions and trusts hereby declared of the principal of the funds from which the same shall have respectively proceeded and be considered as part thereof.

And I appoint the said George Lake and John Lake Executors in trust of this my will provided always and I hereby declare that if the said Thomas Denne Richard Denne and George Lake or any other trustees to be appointed as hereinafter mentioned or any one or more of them shall happen to die or be desirous of being discharged from or refuse or decline or become incapable to act in the trusts hereby in them respectively imposed as aforesaid or shall propose to go beyond seas before the ? trusts shall be fully executed then and in such case and when and so often of the same happen it shall and may be lawful to and for the then surviving or continuing trustees or trustee or the executors or administrators of the last surviving or continuing trustee by any deed or deeds instrument or instruments in writing to be by them his or her sealed and delivered in the presence of and attested by two or more credible witnesses from time to time to nominate substitute or appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act or proposing to go beyond seas as aforesaid and when and so often as any new trustee shall be ? and appointed as aforesaid all the trust estates monies and premises then liable to that trustee of this my will shall be thereupon with all convenient speed assigned and transferred in such sort and manner as so as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustees or trustee as occasion shall require upon and for the trusts interests and purposes herein before expressed and declared of and containing the said trust estates monies and premises respectively or such of them as shall be then subsisting undetermined and capable of taking affect and the person or persons so to be appointed as aforesaid shall have all the powers and authorities of the trustee or trustees in whose name he or they shall be substituted provided also and it is my further will and meaning and I do hereby declare that it shall and may be lawful to and for the trustees and executors respectively of this my will and their respective executors administrators and assigns to retain and reimburse themselves himself and herself and to allow his and her co-trustees and co-trustee respectively out of any of the monies or estates which shall come to their or either of their hands all such reasonable costs charges damages or expenses as they or any or either of them shall respectively incur sustain or be put into in and about the execution of the trusts hereby in them reposed and that neither of the trustees respectively shall be answerable or accountable for any other or others of them or the acts deeds receipts defaults neglects or payments of the other or others of them but each of them for himself and his own acts and deeds only and not otherwise nor for any loss or losses which shall or may happen in or to the said trust monies or estates or in the execution of the trusts unless the same shall be or happen by or through his or their wilful neglect and default and then in that case each person shall be answerable for the damage which shall arise from his own default or neglect.

And I declare that the provision hereby made for my children to be taken by them in full satisfaction and discharge of all claims they may have occur(?) as the Administratrix of their late father in respect of the property of which he possessed or on any other account and further that in case either of my said sons Thomas William and Richard shall be indebted to me at the time of my death the debt or debts due from each with interest thereon shall be treated as a debt and as part of the fourth part of my property hereby intended for him and accounted for accordingly. And lastly I revoke all wills by me at any time herebefore made and declare this only to be my last Will and Testament.

In witness whereof I the said Mary Denne the Testatrix have to this my last Will and Testament written and contained in six sheets of paper set my hand and seal in manner following that is to say my hand to the first five sheets thereof and my hand and seal to this sixth and last sheet the twenty sixth day of May in the year of our Lord one thousand eight hundred and thirty six. Mary Denne Signed sealed published and declared by the said Mary Denne the Testatrix as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have subscribed our names as witnesses hereto the last word ‘six’ in the date being first indentured instead of the word ‘first’ and the other interlineatious opposite to which we have written our names.
Mary Matson, John Matson, of Rodmersham Kent, Thomas Rammell of Sturry Court in Kent.

Proved at London the 7th March 1837 before the Worshipful Thomas Beaumont Burnaby(?) Doctor of Laws and Surrogate by the oaths of George Lake and John Lake the nephews the Executors whom administration was granted having been first sworn duly to administer.


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Will of Mary Denne
Created by Maureen Rawson