Search billions of records on Ancestry.com
   

Will of John Denne

of Sandwich, Kent


Source: Archdeaconry Court of Canterbury Vol.110 folio 610, 1841
Transcribed by Brian Denn
This is the last Will and Testament of me John Denne of the town and port of Sandwich in the County of Kent, Cabinet Maker I being of sound mind and memory and understanding. First I direct that all my just debts, funeral expenses, the charges of proving this my will and other incidental charges shall be duly paid and satisfied as soon as conveniently may be after my decease.

And I give and bequeath unto my wife Mary Margaret Denne all my household goods and furniture, plate, linen ? china, stocks(?), ? in any appertuances premises messuages ? and other ? of domestic use which shall be in or about my residence at the time of my decease for her own use and benefit.
Also I give and devise unto my said wife Mary Margaret Denne all ? ? such parts in possession and three undivided such parts (the whole into nine(?) equal parts to be divided) on ? ? on the decease of Ann Denne of the Parish of Woodnesborough otherwise Winsborow(?) in the said County of Kent, widow of and in all that messuage or tenement with the barns, stables, outhouses, edifices, buildings, backsides, courts, yards, gardens, orchard and eight pieces or parcels of land arable and pasture containing altogether by estimation nineteen acres and a half more or less with the appertuances to the said messuage or tenement belonging or therewith used situate and being in the Parish of Woodnesborough otherwise Winsborow aforesaid in the said County of Kent at a certain place there called Upper ? late in the occupation of John Denne deceased since in the occupation of Thomas Andrews and now in the occupation of my brothers Henry Denne and William Denne my Trustees and Executors hereafter named and appointed.
And also of and in all that messuage or tenement with the barn, stable, outhouses, edifices, buildings, backsides, courts fodderhouse yards,, gardens and several pieces or parcels of land arable and pasture containing altogether by estimation sixteen acres more or less with the appertuances to the said last mentioned messuage or tenement belonging or therewith used situate and being in the Parish of Woodnesborough otherwise Winsborow aforesaid in the said County of Kent at the said place called Upper ? late in the several occupations of Thomas Hoile(?) and the said John Denne deceased since in the occupation of the said Thomas Andrews and now in the occupation of the said Henry Denne and William Denne.

And also of and in all that messuage or tenement with the barn, yard, outhouses, edifices, buildings, backsides, garden and land containing by estimation one acre more or less with the appertuances to the said last mentioned messuage or tenement belonging or therewith used situate and being in the Parish of Woodnesborough otherwise Winsborow aforesaid in the said County of Kent late in the occupation of John Humes since in the occupation of ? Ansell and now in the occupation of John Fishenden(?) To hold the same unto and to the use of my said wife Mary Margaret Denne and her assigns for and during the term of her natural life she and they keeping the same in good and tenantable repair and doing no waste thereto or any part thereof ? ?

and immediately after the decease of my said wife Mary Margaret Denne I give and devise unto all my children who shall be living at the time of my decease or unto ? to have the due time afterwards the said messuages tenements buildings yards, gardens, lands and hereditaments hereinbefore declared to hold the same unto and to the use of my said children in equal shares and proportions as tenants in common and not as joint tenants and to their several and respective heirs and assigns forever and to be vested in him her or them respectively as and when such of my said children as shall be a son or sons shall respectively attain the age of twenty one years or die under that age leaving issue at his or their death or respective deaths lawfully begotten and in such of the same children as shall be a daughter or daughters when and as she and they respectively shall attain the age of twenty one years or be married with the consent of my said wife (which as to each of them respectively shall first happen) and in case any one or more of my said children being a son or sons shall die under the age of twenty one years without leaving any lawful issue of his or their body or respective bodies living at his or their death or respective deaths or who being a daughter or daughters shall die under that age and also before she or they shall have been married then I give and devise the share or shares of him her or them so dying unto the survivor or survivors of them if more than one and to these and his heirs and assigns for ever as tenants in common and not as joint tenants in equal shares.

And whereas I am together with my said brothers Henry Denne and William Denne entitled in reversion expedient(?) on the decease of my mother the said Ann Denne to the ? ? in undivided shares as tenants in common at ? in the messuages tenements and hereditaments hereinafter declared and having ? entered into an arrangement with the said Henry Denne and William Denne ? ? of the same messuages tenements and hereditaments and of other property in which we are jointly interested and having received an adequate consideration in the conveyance to me of the undivided shares of the said Henry Denne and William Denne in such other property and not having ? any conveyance of my undivided share in reversion of and in the said messuages tenements and hereditaments hereinafter declared to the said Henry Denne and William Denne I am desirous of devising the same to them each accordingly I do hereby will and devise unto the said Henry Denne and William Denne all that ? shall ? ? of the whole and shall ? ? a ? to be divided in the ? reposed on the decease of the said Ann Denne of and in all those three messuages or tenements with the buildings yards gardens and appertuances thereto respectively belonging situate and being in the Parish of Saint Peter the Apostle in the town of Sandwich aforesaid in a certain street there called New Street late in the several occupations of Henry ? Richard Spain and Mary Westall(?) and now in the several occupations of the said Henry ?, ? Lawrence and ? ? and also of and in all that messuage or tenement with the buildings yard, garden and appertuances thereto belonging situate and being in the Parish of St Peter the Apostle aforesaid in the town of Sandwich aforesaid in a certain street there called Strand Street and now in the occupation of John Ewell to hold the same with and the use of the said Henry Denne and William Denne in equal shares and proportions as tenants in common and not as joint tenants and to their several and respective heirs and assigns forever.

And I give and bequeath unto the said Henry Denne and William Denne all and every the rest residue and remainder of my stock in trade chattels monies securities for money debts due and owing to me and all other my personal estate and effects of what nature or kind soever and wheresoever not hereinbefore by me disposed of (after and subject to the payment of my just debts and funeral and testamentary charges and expenses hereinbefore directed to be paid) nevertheless upon the trusts and for the ends intents and purposes hereinafter expressed and declared concerning the same (that is to say) upon trust that they the said Henry Denne and William 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 secure all and every the debts and sums of money which shall then be due and owing or belonging to me and convert into money all such part and parts of my residuary personal estate as shall not consist of money or debts in such manner as they or he my said Trustees or Trustee for the time being in their or his own discretion think proper.

And I direct and declare that the said Henry Denne and William Denne their executors administrators and assigns shall stand and be possessed of all and singular the monies which shall be raised and collected and received under or by virtue of the said trusts hereinbefore contained together with other such ready money that I may have at the time of my decease being the proceeds of all my said residuary personal estate and effects (subject nevertheless to the payment of all costs charges and expenses of and attending the execution of the trusts herein contained) upon trust that they the said Henry Denne and William Denne and the survivor of them his executors administrators or assigns do and shall in the first place pay satisfy and discharge all and singular the debts which shall at the time of my decease be due and owing by or from me to any person or persons whomsoever.
And upon further trust that they the said Henry Denne and William Denne and the survivor of them his executors administrators or assigns do and shall with all convenient speed lay out and invest the residue of the proceeds of my said personal estate which shall remain in their or his hands after full payment of all my said debts or interest in their or his own names or name in or upon any of the Government or Parliamentary stocks or funds of Great Britain or upon real securities in England or Wales with full power and authority from time to time to change and vary the stocks funds and securities in or upon which the said trust monies or any part thereof shall from time to time be invested either as occasion shall require or as shall be thought fit.
And upon further trust that they the said Henry Denne and William Denne or the survivor of them or the executors or administrators of such survivor do and shall from time to time during the life of my said wife Mary Margaret Denne pay to her and her assigns or otherwise permit and suffer her and them to receive and take the dividends interest and income of the said trust monies stocks funds and securities to and for her and their own use and benefit she or they maintaining and educating my children thereof.

And upon further trust that they the said Henry Denne and William Denne or the survivor of them or the executors or administrators of such survivor do and shall immediately after the decease of my said wife pay transfer and assign the said trust monies stocks funds and securities unto all my children already or hereafter to be born to be divided between or among them in equal shares and proportions as tenants in common and not as joint tenants and to their several executors administrators and assigns and to be vested in him her or them respectively as and when such of my said children as shall be a son or sons shall respectively attain the age of twenty one years or die under that age leaving issue of his or their ? ? ? ? lawfully by him and in such of the same children as shall be a daughter or daughters when and as she or they respectively shall attain the age of twenty one years or be married with the consent of my said wife (which as to each of them respectively shall first happen).
And upon further trust that in case any one or more of my said children being a son or sons shall ? ? the age of twenty one years without leaving any issue of his or their body or respective bodies living at his or their death or respective deaths lawfully begotten or who being a daughter or daughters shall die under that age and also before she or they shall have been married under that age with the consent of my said wife then the said Henry Denne and William Denne or the survivor of them or the executors or administrators of such survivor do and shall pay assign and transfer the original share or shares of such trust monies stocks funds and securities which under or by virtue of the trusts hereinbefore contained shall belong to the child or children respectively who shall so die 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 present provision 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 several ages days or times hereinbefore appointed or mentioned respecting the original share or shares and to be paid transferred or assigned at the time or several times appointed for the payment transfer or assignment of the same respectively or as soon after the death of each child so dying as aforesaid or conveniently as may be.

And I do hereby nominate constitute and appoint the said Henry Denne and William Denne Executors of this my last Will and Testament. Provided also and I do hereby further direct and declare it to be my will that the said Trustees and Executors hereby by me named and appointed as aforesaid and each of them and the heirs executors administrators and assigns of them and each of them shall be charged and chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts hereby reposed in them as shall they or either of them be answerable or accountable for any Banker Broker or other person with whom or as when ? any part of the said trust monies property or effects shall or may be deposited or lodged for safe custody or otherwise in the execution of any of the trusts hereby in them reposed nor shall they or either of them be at any time answerable or accountable for the insufficiency or deficiency of any security or securities stocks or trusts ? upon which the same monies or any part thereof shall be placed out or invested for any other loss which may happen to the same monies except the same shall happen by or through their own wilful default respectively and that the one of them shall not be answerable or accountable for the other of them or for the acts deeds defaults or disbursements of the other of them (notwithstanding they or either of them shall join in any receipt or receipts for the sake of conformity) but each of them for the act deeds defaults and disbursements of himself only.
And also that they my said Trustees and Executors and each of them and each of their heirs executors administrators and assigns shall and may be and out of the monies which shall or may come to them or his hands or hand by virtue of the trusts of this my will retain to and reimburse themselves and himself respectively and also allow to their and his Co-Trustee and Co-Trustees all costs charges damages and expenses which they or he shall or may suffer sustain expend disclose or be paid unto in or about the execution of the aforesaid trusts of this my will or in relation thereto.

And I hereby revoke all former and other wills by me at any time herebefore made. In witness whereof I the said John Denne have to the first five sheets of this my last Will and Testament (in six sheets of paper contained) set my hand and to this the sixth and last sheet thereof my hand and seal this fourth day of June in the year of our Lord one thousand eight hundred and forty one. 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 present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
John Pott of Sandwich, Gentleman. John ? ? Sandwich.

The before ? will of John Denne deceased ( 2 lines missing) was proved the twenty fourth day of December 1841 by the oaths of Henry Denne and William Denne, brothers of the deceased the Executors named in the said will they being first sworn duly to perform the same.


Return to Kent Genealogy

Will of John Denne
Created by Maureen Rawson