I devise all the real estate to which I shall be entitled at my decease (except estates vested in me as Trustee or Mortgagee) and I bequeath all the residuary personal estate to which I shall be then entitled to my friends Francis Hayles Wollastan(?) of Walmer in the said County of Kent and Edward Knocker of Dover in the same County their heirs executors administrators and assigns respectively upon trust to sell my said real estate together or in parcels by public auction or private contract and to convert and get in my said residuary personal estate. And I declare that the said Trustees or Trustee shall stand possessed of the monies to arise from such real estate and residuary personal estate in trust for my said wife to be paid to or otherwise applied for her benefit as my said Trustees or Trustee shall from time to time deem most advantageous they taking such discharges for any payments as under the nature of the circumstances they may judge sufficient.
Nevertheless I give to my said Trustees discretionary authority to postpone for such period as to them shall seem expedient the sale of all or any part of my real estate and the getting in my personal estate. And I empower them on the request of my said wife if they deem it expedient to carry on my Farming and Grazing Business and to that purpose to continue tenant of the farm and lands which I shall use at my decease or to hire and use any other farm and employ my live and dead agricultural stock and such part of my personal estate as they may think fit. I devise all estates which shall at my decease be vested in me as Trustee or Mortgagee to my said Trustees subject to the equities affecting the same respectively I empower the Trustees or Trustee for the time being of my will to give receipts for all monies and effects to be paid or delivered to such Trustees or Trustee by virtue of my will and declare that such receipts shall exonerate the persons taking the same from all liability to see to the application or disposition of the money or effects therein mentioned.
I declare that if my Trustees hereinbefore named or either of them or any Trustees or Trustee to be appointed under this clause shall die or be unwilling or incompetent to accept or execute the trusts of my will it shall be lawful for the competent accepting Trustees or Trustee for the time being if any whether ? from the Office of Trustee or not or of none for the executors or administrators of the last deceased Trustee to substitute by any willing under their or his hands or hand any person or persons in whom alone or (as the case may be) jointly with any surviving or continuing Trustees or Trustee my Trust Estate shall be vested. And I exempt any Trustee of my will from liability for losses occurring without his own wilful default and I declare that each Trustee shall be responsible only for his own acts defaults and receipts and be at liberty to retain and allow to his Co-Trustee all expenses incidental to the Trusteeship I direct that my Trustee Edward Knocker whether he shall accept the Trusteeship or not shall be the solicitor to my trust property and as such notwithstanding his acceptance of the Trusteeship be allowed all professional charges which if employed as solicitor to Trustees not being himself a Trustee he would be entitled to make.
And I appoint
my said wife Mary and the said Francis Hayles Wollastan(?) and Edward Knocker Executrix
and Executors of this my will hereby revoking all other testamentary writings. In witness
whereof I have hereunder set my hand this fifth day of March one thousand eight hundred and
forty two. David Denne. Signed by the said Testator as 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 subscribed our names as witnesses.
John Hewett, Jane Burt.
The before registered will of David Denne, deceased was proved the twentieth day of May 1842 before the Reverend John Pechey Francis, Clerk Surrogate to the Worshipful Sherward(?) Beaumont ? Doctor of Laws Official General to the Reverend the Archdeacon of Canterbury lawfully constituted by the oaths of Mary Denne widow the relict of the deceased, Francis Hayles ? and Edward Knocker the Executors named in the said will they being first sworn duly to perform the same.
Will of David Denne