Will of William Cannon

of Deal, Kent

I Give and Bequeath to my dear Wife Ann Cannon the Sum of One hundred and Fifty pounds of lawful Money of Great Britain to be paid to her within Six Calendar Months next after my decease and my Will is that she my said Wife pay and discharge the Expences of my Funeral which I desire may be conducted in a plain and decent manner

Also I Give and bequeath unto Susanna Wyborn of Deal aforesaid Spinster (Niece of my said Wife) the Sum of One hundred pounds of like lawful Money to be paid to her within Six Calendar Months next after my decease

And I Give and bequeath unto my said dear Wife all my Household Goods and Furniture and Implements and Utensils of Household, Plate, Linen and China And also all my Brewing Utensils, Stock of Beer, Wine and other Liquors and Coals and also my Wearing Apparel of all sorts to and for her own absolute use and benefit

And I Give devise and bequeath my Leasehold Messuage Tenement or dwellinghouse with the Outhouses Yard Garden and Appurts. [Appurtenances] thereto belonging situate standing and being of Deal aforesaid and now in my own occupation held by and under a Lease from his Grace the Lord Archbishop of Canterbury for the Remainder of the Term of Twenty one years and all such Estate Term and Interest a shall be therein at the time of my decease together with the Lease thereof that shall then be subsisting
And also all and singular my ready Money debts Securities for Money Stocks in the public Funds and all other my Personal Estate and Effects whatsoever and wheresoever which shall not by this my Will or any Codicil thereto be otherwise disposed of unto my Brother John Cannon of Deal aforesaid Gentleman his Executors and admors. Upon the Trusts nevertheless and to and for the Intents and Purposes hereinafter mentioned expressed and declared of any concerning the same (that is to say)

As for and concerning my said Leasehold Messuage and Premises Upon Trust in the first place to pay and perform the Rents and Covenants received and contained in the Lease thereof on the Lessees part and behalf to be performed and to whom the same from time to time as occasion shall require and for that purpose to make such surrender of the subsisting or such future Lease so to be received as shall from time to time be required and necessary in that behalf
And do and shall keep in good and sufficient repair and condition at all times when the same shall be necessary my said Leasehold messuage and premises and subject to the Trusts aforesaid do and shall permit and suffer my said Wife Ann Cannon to occupy and enjoy during the term of her natural life or such part thereof as she shall think proper my said Leasehold Messuage and premises without paying any Rent or other satisfaction for the same She my said Wife paying and discharging all and all manner of Taxes Rates and Assessments whatsoever which at the time of my decease or at any time during her natural life shall or may be taxed charged or imposed on my said Leasehold Messuage and Premises by authority of Parliament or otherwise howsoever

And as to for and concerning so much and such part of my Personal Estate as shall not consist of Money or Money in the public Funds In Trust with all convenient speed after my decease to sell and dispose of and call in and convert the same into Money And as and when the same shall be so converted as aforesaid do and shall lay out and invest the same with such Monies as I shall die possessed of and which shall not be necessary for the payment of my Debts and Legacies at Interest in the Public Funds in the name of him my said Brother John Cannon his Executors or Admors. and do and shall stand possessed of such last mentioned Funds and of such Money as I shall die possessed of in the said public Funds and the Interest Dividends and annual produce thereof respectively Upon the Trusts and to and for the Intents and purposes hereafter mentioned and expressed of and concerning the same (that is to say)

Upon Trust that he my said Trustee his Executors or Admors. do and shall when and so often as the Lease by which my said Leasehold premises are holden shall happen to be renewed by and out of the Interest Dividends and Annual Produce of the said funds pay the several Fines Fees and other necessary Charges for renewing the said Lease from time to time and also the Costs Charges and Expences of keeping the said Leasehold Premises in good and sufficient repair and in the next place do and shall pay the rest and residue of the said Interest Dividends and annual produce of the said Funds from time to time when and as the same shall become due and payable unto my said Wife Ann Cannon during the term of her natural life for her own use and benefit

And from and after the decease of my said Wife Ann Cannon Upon further Trust and I will and direct that he my said Trustee his Executors or admors. do and shall as soon as conveniently may be thereafter make Sale and dispose by Public Auction of my said Leasehold Messuage and Premises for the best price and most Money that can at the time of such Sale be reasonably had or gotten for the same and do and shall pay apply and dispose of and retain the Nett Money arising and to be produced from such Sale or Sales (after payment of the Costs Charges and Expences attending the same) and also assign transfer pay and retain all and singular the said Stocks and Funds and the Interest dividends and proceeds thereof respectively whereof my said Trustee his Executors or admors. shall at the time of such last mentioned Sale stand possessed unto himself and such other persons as are hereinafter named in such proportions as are hereinafter mentioned (that is to say)

Unto my said Brother John Cannon his Executors and Admors. one full and equal third part thereof;
unto my two Nephews John Cannon and William Cannon Children of my late Brother Walker Cannon deceased one other full and equal third part thereof equally to be divided between them share and share alike as Tenants in Common and their respective Executors Admors. and Assigns
And unto my Nephews and Niece John Butler, Thomas Butler and Elizabeth Wife of Ralph Lee Ashington Gentleman the remaining one full and equal third part thereof equally to be divided between and amongst them share and share alike as Tenants in Common and their respective Executors and Admors.

And I declare and direct that the receipt and Receipts of my said Trustee his Executors admors. or assigns under his or their hand or hands respectively shall from time to time be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers of the said Leasehold Messuage or Tenement and other the said Premises hereby made Saleable or any part thereof his her and their Executors and admors. for so much of the said purchase money for which such Receipt or Receipts shall be given and such purchaser or purchasers shall be absolutely acquitted and discharged of and from the same and shall not be answerable or accountable for any loss Misapplication or Nonapplication of the said purchase Money or any part thereof or be obliged to see to the application an disposition thereof or any part thereof

And I further declare and direct that he my said Trustee his Executors or Admors. shall not be charged or chargeable with or accountable for any more of the aforesaid Trust Monies and Premises than he or they respectively shall actually receive or shall come to his or their hands respectively by virtue of this my Will nor with or for any loss which shall happen of the same Monies and Premises or any part thereof so as such Loss happen without his or their respective wilful default
And also that it shall and may be lawful for him my said Trustee his Executors and admors. in the first place by and out of the said Trust Monies and Premises to deduct and reimburse himself and themselves respectively all such Losses Costs Charges and Expences as he they or either of them shall respectively sustain expend or be put unto for or by reason of the several Trusts hereby in him and them reposed in relation to the same Monies and Premises respectively or the Management and Execution thereof or any other thing in any wise relating thereto

And Whereas previous to my Marriage with my said Wife Ann Cannon I entered into and executed a certain Bond or obligation bearing date on or about the twelfth day of April one thousand seven hundred and seventy six whereby I bound myself my Heirs Executors and Admors. to my said Wifes Brother Thomas Hoile his Executor Admors. or Assigns in the Penal Sum of One Thousand Four hundred pounds of lawful Money of Great Britain conditioned for the payment by my Heirs Executors or Admors. of the Sum of Seven hundred pounds of like Money to my said Wife Ann Cannon her Executors Admors. or Assigns within Six Calendar Months next after my decease to and for her and their own use and benefit in the event of her surviving me as therein mentioned
Now it is my Mind and Intention and I do hereby expressly Will and declare that the several bequests hereinbefore by me made to or in favor of my said Wife Ann Cannon are upon the express Condition in the nature of a condition prudent that she my said Wife do and shall within two Calendar Months to be computed from the day of my decease deliver to my Trustee and Executor his Executors or Admors. the said last mentioned Bond to be cancelled and as and shall at the same time or within the period last aforesaid sign seal and execute a good and sufficient deed or Instrument in the Law to be prepared at the expence of my Estate under the direction and to the satisfaction of my Executor or Trustee his Executors or Admors. or his or their Counsel in the Law whereby and where under she my said Wife shall accept and declare her acceptance of the provision hereby made and intended for her in lieu and satisfaction of and for the Sum of Seven hundred pounds and all Interest due and thereafter to become due for or in respect of the said Bond or obligation
And hereby fully and absolutely release exonerate and discharge my said Executor and Trustee and my devise and all and singular my Estate Goods Chattels and Effects of and for the said Principal Sum of Seven Hundred Pounds and the Interest thereof secured or intended to be secured to her my said Wife her Executors admors. and Assigns by the above mentioned Bond and all Claims and Demands for or upon account thereof be in any wise relating thereto or concerning the same

And that in the event of my said Wife refusing or neglecting to execute such Deed or Instrument of acceptance and Release as aforesaid for the space of two Calendar Months next after my decease that then and in such case and from thenceforth all and every the bequests by me hereby made to or in favor of my said Wife of every sort and Description shall cease determine and be and become absolutely null and void to all Intents and purposes whatsoever
And she my said Wife shall not take any thing under this my Will but that the bequests are hereinbefore made to take effect after her decease shall from thenceforth have full operation? and effect to and for the benefit of my said Mother and Nephews and Niece as the same would have done in case she had been naturally dead
Subject nevertheless in the first place to the payment out of my Personal Effects of my Funeral Exp. which would otherwise have been paid by my said Wife according to my Will and Intention hereinbefore expressed had she accepted the provision intended for her by this my Will agreeable to the Trusts aforesaid

And I constitute and appoint my said Brother John Cannon Executor of this my last Will and Testament and I hereby revoke all former Wills Codicils or Testamentary Writings by me at any time heretofore made and declare this alone to be my last Will and Testament

In Witness hereof I the said William Cannon the Testator have to this my last Will and Testament contained on four Sheets of Paper annexed together to the first three Sheets thereof set my hand and to this fourth and last Sheet thereof my hand and seal the day and year first aforesaid
William Cannon

Signed sealed published and declared by the said William 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 at his request and in the presence of each other
Jno May - W.R. Munday – his Clerk

This Will was proved at London the Sixth day of October in the year of our Lord One Thousand Eight Hundred and Six before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of John Cannon the Brother of the deceased and the Sole Executor named in the said Will to whom Admon. [Administration] of all and singular the Goods Chattels and Credits of the said deceased having been first sworn by Commission duly to administer.
Exd.

Note:
William Cannon of the Parish of Deal, Bachelor and Ann Hoile of this Parish, Spinster married in this Church (St. Augustine, Northbourne, Kent) by Licence on the Sixteenth Day of April in the Year of our Lord One Thousand Seven Hundred and Seventy Six.
In the Presence of: Eliz. Rammell; Ed. Hoile.

Transcribed by Shelagh Mason 20th August 2020

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