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Will of John Kennett

of Ramsgate, Kent


Source: Archdeaconry Court of Canterbury PRC17/110/302
Submitted by Penny Holt
This is the last will and testament of me John KENNETT the Elder of Ramsgate in the county of Kent, Butcher.
I give and bequeath unto my wife, Marianne KENNETT, for term of her natural life is she shall so long continue my widow, the use of all my household furniture and effects, plate, linen, glass and china and from and after her decease or marriage whichever shall first happen I direct that the same shall sink into the residue of my personal estate hereafter bequeathed.

I bequeath to my son, John KENNETT the Younger, the sum of five hundred pounds to be paid at the end of six calendar months next after my decease.
I bequeath to my daughter, Marianne KENNETT the like sum of five hundred pounds to be paid to her on her marriage if she shall marry within five years next after my decease and if not then at the end of five years after my decease.
I bequeath to my son, Robert KENNETT, the like sum of five hundred pounds if he shall attain the age of twenty one years to be paid to him upon his attaining that age.

I devise and bequeath all the real and all the residue of the personal estate to which I may be entitled at my decease (subject to the directions hereinafter contained concerning my business) unto the use of my said wife Marianne KENNETT my said son John KENNETT and my son-in-law Richard PAGE of Ramsgate aforesaid Grocer.

Upon trust to pay the rents, issues and profits of my said real estate and the interest, dividends and annual proceeds of my said residuary personal estate unto my said wife for the term of her natural life if she shall so long continue my widow
and from and after the decease or marriage of my said wife, which ever shall first happen, Upon trust to sell my said real estate either by public or private sale together or in lots to convert my said personal estate into money and invest the produce thereof respectively conformably to the clause for Investment of Monies hereinafter contained
and if my said wife shall marry again, Upon trust by and out of the dividends, interest and annual proceeds of such monies respectively or the stocks, funds and securities in or upon which the same shall be invested, to pay to her an annuity of one hundred pounds clear of all deductions whatsoever during the remainder of her life by equal half yearly payments, the first portion to become payable within three calendar months next after the marriage of my said wife and subject thereto.

I direct that my said trustees shall stand possessed and be interested in the said monies and the stocks, funds, and securities wherein the same shall be invested and the dividends, interest and annual produce thereof respectively in trust for all my children in equal shares to be absolutely vested interests on my decease in such of my children as being a son or sons shall then have attained the age of twenty one years or being a daughter or daughters shall then have attained that age or be or have been married said to be absolutely vested interest on such of my said children as being a son or sons shall not have attained that age on his or their respectively attaining that age and on such of my said children as being a daughter or daughters shall not hen have attained that age or be or have been married on her or their respectively attaining that age or marrying.

But if any of my said children being a son or sons shall died under the age of twenty one years or being a daughter or daughters shall die under that age without having been married then as to as well the original share or shares belonging to the child or children respectively dying as aforesaid as also the share or shares to which the same child or children respectively may become entitled under this present trust In trust for the others or other of my said children and if more than one in equal shares.

And I direct that my trustees shall permit my said wife she continuing my widow and my said son, John to carry on jointly the trade or business of a butcher in which I am at present engaged and to use and employ for that purpose such part of my personal estate as shall be used or employed therein at the time of my decease.
And I further direct that my said trustees shall permit my said wife to receive one half of the clear profits arising from my said business for the term of her natural life if she shall so long continue my widow.
She my said wife thereout providing my said daughter, Marianne with sufficient maintenance and clothing until her marriage and also educating, bring up and maintaining my said son, Robert until he shall attain the age of twenty one.

And I direct that my trustees shall permit my said son, John to receive the other moiety of the clear profits of the said business for his own use and benefit, he paying in consideration thereof to my executors hereinafter appointed within six calendar months next after my decease one half the value of the stock in trade of the said business such value to be ascertained at the time of my decease and also paying thereout the annual sum of twenty five pounds to my said daughter, Marianne until her marriage or until payment to her of the legacy of five hundred pounds hereinbefore bequeathed to her and also the annual sum of seventy five pounds to my said son, Robert until he shall attain the age of twenty one. Such annual sum to be applied to or for his benefit during his minority in such manner as his guardians or guardian for the time being shall in their or his discretion think fit and on the death or marriage of my said wife, whichever shall first happen.

I bequeath to my said son, John the goodwill of the said business and such part of my personal estate as shall be used or employed therein at my decease for his own benefit absolutely (subject to the payment hereout of the said annual sums of twenty five pounds each).

I devise to my said trustees and their heirs all the estates vested in me as mortgagee or trustee subject to the equities and upon the trusts affecting the same.

I direct that all investments to be made in pursuance of my will shall be made on or upon three pounds per cent or four pounds per cent stock of the United Kingdom or Bank Stock or Exchequer, Navy or Victualling Bills, or upon first mortgages of freehold or copyhold estates in England or Wales and not elsewhere.
And that my trustees shall have forever in their discretion to vary such investments for any other investment of the description specified in this direction.

I direct that my trustees shall have power at their discretion to settle my accounts and wind up my affairs and in so doing to make such arrangements relative to debts or demands due or claimed to be due to or from my estate as they shall judge expedient with liberty to accept compositions or securities from and grant indulgences to debtors and to admit the claims of conditions of evidence not strictly legal and also to submit questions and accounts to arbitration.

I direct that purchasers and others taking the receipt of my trustees or the payment or transfer to them of any money or effects shall be thereby exonerated from all liability in respect of the application thereof.

And in case my said trustees or any of them shall died in my lifetime or shall on my decease renounce the trusts of my will or in case any trustee for the time being shall die or become unwilling or unable to act or shall cease to reside in England, then I empower my said wife so long as she shall continue my widow and after her decease or marriage, then the surviving or continuing trustees or trustee or in default of any such then the retiring trustee or the executors or administrators of the deceased trustee as the case may be by my writing to nominate a new trustee or new trustees for the purpose of filling such vacancy or vacancies, and such new trustee or trustees shall have the same power in all respects as the trustees hereby appointed.

And I direct that the respective trustees for the time being of this my will shall be responsible only for so much money as shall come to their own respective hands and that they shall not be answerable for involuntary losses or for the acts or defaults of each other.
And particularly that any trustee who shall pay over to his co-trustee or co-trustees or shall do or concur in any act enabling his co-trustee or co-trustees to receive any monies for the general purposes of my will or for any definite purpose authorized by my will shall not be obliged to see the due application thereof.
And I empower my trustees to retain and allow to each other costs and expenses incurred in the execution of the trusts or in relation thereto.

And I appoint my said wife, Marianne she continuing my widow, my said son, John and the said Richard PAGE to be executrix and executors of this my will.

And I appoint my said wife she continuing my widow and after her death or marriage then the trustee or trustees for the time being of this my will to be guardian or guardians of such of my children as shall be under age at my decease during minority.

In witness whereof I the said John KENNETT 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 ninth day of February in the year of our Lord one thousand eight hundred and thirty nine.
John KENNETT, Senior

Signed, sealed, published and declared by the said John KENNETT the Elder, the testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto.
John MERCER, Junior, Solicitor, Ramsgate
George GRIGGS, his Clerk

I the within named John KENNETT do make and publish this as a codicil to the within written will.

Whereas I have bequeathed to my daughter, Marianne KENNETT the sum of five hundred pounds to be paid to her on her marriage if she should marry within five years next after my decease and if not then at the end of five years after my decease. Now I do hereby direct that the said legacy of five hundred pounds shall be paid to my said daughter, Marianne KENNETT within twelve months after my decease.

And whereas I have directed my trustees to permit my son, John to receive one moiety of the clear profits of my business for his own use he paying thereout (amongst other things) the annual sum of twenty five pounds to my said daughter, Marianne until her marriage or until payment of the legacy of five hundred pounds thereinbefore bequeathed to her and also the annual sum of twenty five pounds to my son, Robert KENNETT until he should attain the age of twenty one years.
Now I do hereby direct that the said John KENNETT shall not be charged with the payment of the said annual sums of twenty five pounds but that my trustees shall permit him to receive the moiety of profits of my said business for his own use, clear of all deductions except paying one half part of the value of the stock in trade of the business, such value to be ascertained at the time of my decease.

And I ratify and confirm my said will in all other respects except where the same is hereby altered or revoked.
In witness whereof I have hereunto set my hand and seal this eleventh day of February one thousand eight hundred and thirty nine.
John KENNETT, Senior

Signed, sealed, published and declared by the said John KENNETT, the testator as and for a codicil to be annexed to and taken as part of the within written will in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto.
John MERCER, Junior
R. W. PAGE, Wine Merchant, Ramsgate

The before registered will (with one codicil) of John KENNETT the Elder, deceased, was proved the thirteenth day of March 1839 before the Reverend John METCALFE, clerk Surrogate to the Worshipful Sherrard Beaumont BURNABY, Doctor of Laws, Official General to the Reverend the Archdeacon of Canterbury lawfully constituted by the oaths of Marianne KENNETT, Widow, the Relict, John KENNETT, Son of the deceased and Richard PAGE, the executors named in the said will, they being first sworn duly to perform the same.


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Will of John Kennett
Created by Maureen Rawson