Will of John Cannon

And from and after the decease or marriage again of my said Wife which shall first happen unto my four Sons William Cannon, Walker Cannon, John Cannon and James Cannon equally to be divided between them my said four Sons share and share alike as Tenants in Common and not as Joint Tenants and to their several and respective Heirs and Assigns for ever

Also I Give and Bequeath all those my two? several Tenements or dwelling Houses and the Outhouses Yards Gardens and Backsides to them respectively belonging with their and every of their appurtenances situate lying and being in Lower Deal in Deal aforesaid one of them now in my own occupation and the other of them in the occupation of James Brett or his assigns being Leasehold under his Grace the Lord Archbishop of Canterbury and which I purchased of and from John Starr and all my renewable and other Estate right title interest and term and terms of Years of Years which I now have or may have therein at the time of my decease with the several Leases thereof which shall be then subsisting unto my said Wife Ann Cannon and her assigns for and during the term of her natural life in case she shall so long continue a Widow and unmarried and not otherwise

And from and after the decease or marriage again of her my said Wife Which shall first happen unto my aforesaid four Sons William Cannon, Walker Cannon, John Cannon and James Cannon equally to be divided between them share and share alike as Tenants in Common and not as Joint Tenants and to their several and respective Heirs and Assigns

Also I give and bequeath unto my said Wife Ann Cannon to and for her own use and benefit the Sum of three hundred pounds of lawful Money of Great Britain to be paid unto her within twelve Calendar Months next after my decease together with my Household Goods and Household Furniture of all sorts and kinds and also all my Plate Linnen and China whatsoever which shall be remaining and being in or about the Dwelling house wherein I now live at the time of my decease

Also I give and bequeath the Sum of One thousand pounds of lawful Money of great Britain unto my aforesaid four Sons William Cannon, Walker Cannon, John Cannon and James Cannon and to their Executors Administrators and Assigns Upon Special Trust and Confidence nevertheless in them my said Sons reposed and to the intents and purposes following (that is to say)

Upon Trust that they my said Sons and the Survivors and Survivor of them and the Executors and Administrators of such Survivor shall and do within four Years next after my decease place lay out and invest the said Sum of one thousand pounds and every part thereof at Interest in some one or more of the publick Companies or Funds or upon Government or real or personal Securities as to them shall seem most adviseable and also from time to time call in remove change and new place and put out again the same or any part thereof at Interest upon such of the like Security or Securities as aforesaid

And upon further Trust that they my said Sons and the Survivors and Survivor of them and the Executors or Administrators of such Survivor shall and do pay all the clear Yearly Dividends Interest and Produce of the said Sum of one thousand pounds as the same shall from time to time arise and be received unto my said Wife Ann Cannon and her Assigns or otherwise permit and suffer her or receive and take the same for and during the term of her natural life In case she shall so long remain a Widow and unmarried and not otherwise

And from and after the decease or marriage again of her my said Wife which shall first happen then Upon this further Trust that my said Sons and the Survivors and Survivor of them and the Executors or Administrators of such Survivor shall and do assign and transfer and pay the said Sum of one thousand pounds and every part thereof and the Stocks Funds or other Securities in or upon which the same or any part thereof shall be then invested or placed out and the Money to arise by sale thereof unto my three Grandchildren (that is to say)
Elizabeth Butler John Butler and Thomas Butler equally to be divided between them my said three Grandchildren share and share alike when and as they shall severally attain to his her or their age or ages of one and twenty Years and the clear yearly Dividends Interest and Produce thereof in the meantime from and after the decease or marriage again of my said Wife to be go and be paid for and towards the maintenance education and bringing up of my said three Grandchildren Elizabeth Butler John Butler and Thomas Butler or be otherwise disposed of or kept for their equal use and benefit a the discretion of my said Trustees until they shall severally attain their respective ages of one and twenty Years

And in case either or any of them my said three Grandchildren shall happen to die before he she or they shall attain to the said age of one and twenty years then and in such case the part and share or parts and shares of him her or them so dying of and in the aid Sum of one thousand pounds shall go and remain and be assigned transferred and paid unto the Survivors and Survivor of them my said three Grandchildren Elizabeth Butler John Butler and Thomas Butler share and share alike if more than one survives when and as her his or their original share or shares thereof shall become assignable transferable or payable by virtue of this my Will and the clear yearly Dividends Interest and Produce of the share or shares of her him or them so dying as aforesaid in the meantime

And after such his her or their decease to be go and be paid for and toward the maintenance education and bringing up of the Survivors or Survivor of them my said three Grandchildren or shall be otherwise disposed or kept for the use and benefit of such Survivors or Survivor share and share like if more than one survives at the discretion of my said Trustees until such Survivors or Survivor of them my said three Grandchildren shall attain the said age of one and twenty years and shall be then paid to her him or them share and share alike if more than one

And in case all of them my said three Grandchildren Elizabeth Butler John Butler and Thomas Butler shall happen to die under the age of one and twenty years then and in such case I do give and bequeath the said Sum of one thousand pounds and the Stocks Funds or other Securities in or upon which the same shall be then invested or placed out and also all the Dividends Interest and Produce which may be then remaining due thereon and undisposed of for the purposes aforesaid unto them my four said Sons William Cannon, Walker Cannon, John Cannon and James Cannon equally to be divided between them share and share alike any not subject to any further or other Trusts whatsoever

And I do expressly will order and direct that in the meantime from and after my decease until the said Sum of one thousand so given to them my said four Sons Upon Trust as aforesaid shall be by them placed out at Interest according to the directions of this my Will they my said four Sons shall pay and allow unto my said Wife Ann Cannon Interest upon the said Sum of one thousand pounds at and after the rate of four pounds per centum per annum

And my further Will is that my said Trustees or any or either of them their or any or either of their Executors or administrators shall not be charged or chargeable with or accountable for any more of the said Trust Monies then they shall respectively actually receive or shall come to their respective Hands by virtue of this my Will with or for any loss which shall happen of the same or any part thereof so as such loss happen without their lawful default nor the one of them for the others or other of them or for the Acts Deeds Receipts defaults or disbursements the one of the other and that they shall and lawfully may in the first place by and out of the said Trust Money deduct and reimburse themselves all such Costs Charges Expences and Damages as they may or either of them shall or may expend or be put unto for or by reason of the Trusts hereby in them reposed or the Management and execution thereof

Also I Give and Bequeath all that my Tenement or Dwellinghouse and the Outhouses Slaughter House Stable Buildings and Yards or Ground thereunto belonging with their and every of their appurtenances situate ling and being in Lower Deal in Deal aforesaid and now or late in the tenure or occupation of my said Son Walker Cannon or of his assigns being Leasehold under the Lord of the Manor of Cumberland Fee and which I purchased of and from Valentine May and divers other persons and all my renewable and other Estate right title Interest and term of Years which I now have or shall or may have therein at the time of my decease with the Lease thereof which shall be then subsisting unto him my said Son Walker Cannon [there follows 8 dotted-line rows] and to his Executors Administrators and to his Executors Administrators and Assigns

Also I Give and Bequeath unto my aforesaid Son James Cannon the Sum of five hundred pounds of lawful Money of Great Britain to be paid unto him within three Calendar Months next after my decease

And as to all and singular other my Leasehold Tenements and Dwelling House Buildings Land and Ground with their and every of their appurtenances situate lying and being in Lower Deal in Deal aforesaid And all my renewable and other Estate right title Interest and term and terms of Years which I now have or shall or may have therein at the time of my decease with the several Leases thereof which shall be then subsisting
And also all the rest and residue of my Goods Chattels Effects Debts due and owing to me Money securities for Money and all other my Personal Estate whatsoever and wheresoever and of what kind or nature soever the same shall exist and be at the time of my decease not hereinbefore by me otherwise disposed of I do give and bequeath the same and every part thereof (from and after the payment of all my just debts and Funeral Expences and subject and liable to the payment of the aforesaid several Legacies unto my aforesaid four Sons William Cannon, Walker Cannon, John Cannon and James Cannon equally to be divided between them share and share alike as Tenants in Common and not as Joint Tenants and to their several and respective Executors Administrators and Assigns

And I make constitute and appoint my said four Sons William Cannon, Walker Cannon, John Cannon and James Cannon Executors of this my last Will and Testament
And Lastly I revoke all former Will by me made

In Witness whereof I the said John Cannon the Testator leave to this my last Will and Testament contained in four Sheets of Paper affixed together to the three first Sheets thereof set my Hand and to this fourth and last Sheet thereof my Hand and Seal the day and Year first above written
John Cannon

Signed Sealed Published and Declared by the said John Cannon 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 and at his request and in the presence of each other
Thos Woodruff - Thos Fells? - Henry Christian Junr.

This Will was Proved at London the thirty first day of July in the Year of our Lord one thousand seven hundred and seventy nine before the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of William Cannon Walker Cannon John Cannon and James Cannon the Sons of the deceased and the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been first sworn by Commission duly to Administer.
Exd. [Examined]

Transcribed by Shelagh Mason 16th August 2020

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