I give devise and bequeath unto my son in law Edward William Campbell Rich Owen Esquire a Captain in the Royal Navy and John May (and) William Cannon of the Town of Deal aforesaid Gentleman all that messuage Tenement or dwelling house situate in the said Town of Deal wherein I now reside with the Coach house stables outbuildings yards Gardens and Land or Ground thereunto adjoining and belonging including the Cottage in the occupation of Richard Dunn and also all those two pieces or parcels of Land arable pasture containing together by estimation three Acres three roods & one perch Little more or less lying at Middle Deal in the said Town of Deal in a certain street? there called “Cow Tigh” and now in the occupation of me the said John Cannon or my assigns
And also all the household Goods Furniture, plate, linen, China, books, prints, pictures and other
Effects which shall be in and about the said Premises at the time of my decease to have & to hold the
said messuages lands Effects and Premises unto the said Edward William Campbell Rich Owen,
John May and William Cannon their Heirs Executors adm'ors & assigns according to
the nature and quality of the said premises Upon trust that they the said Edward William Campbell
Rich Owen, John May and William Cannon their Heirs Ex'ors adm'ors & assigns [much crossing out here, re-starts:]
and the survivors or Survivor of them [and the heirs and executors] of such Survivor shall during the
lives of the said Edward William Campbell Rich Owen and Elizabeth his Wife and my daughter in
Law Catherine Cannon and the lives & life of the survivors & survivor of them permit the said
messuage lands Effects & Premises to be hold occupied used and enjoyed by the said Edward
William Campbell Rich Owen and Elizabeth his Wife and Catherine Cannon and the Survivors &
Survivor of them for their his and her residence & use after the decease of such survivor
Upon trust that the said Trustees or Trustee shall with all convenient speed sell and dispose of the said messuage lands effects and premises by Public Auction or Private Contract and either altogether or in parcels to any person or persons willing to become the purchaser or purchasers thereof for such price or prices as to the said Trustees or Trustee shall seem meet with power to purchase in the same if put up for sale at any public auction without liability for the loss if any which shall or may be sustained thereby and do and shall stand possessed of & interested [page damage here – but words “best guessed” at] in the monies which shall arise & be produced by the sale of said premises
In Trust or all and every the said Children and Child of my late Son John Cannon by the said
Catherine Cannon who being a Son or Sons shall attain the age of twenty one years or being a
Daughter or Daughters shall attain that age or marry & their respective Executors Adm'ors and
assigns equally to be divided between or among them if more than one as Tenants in Common & their
respective Ex'ors adm'ors & assigns & if there shall be but one such Child in trust for that one Child
his or her Executors adm'ors or assigns
and if then shall be no such Child the said Trustees or Trustee
shall pay the said monies to the Trustees or Trustee of the settlement executed on the marriage of the
said Edward William Campbell Rich Owen with he said Elizabeth his Wife and the
same shall be held by such last mentioned Trustees or Trustee expressed and contained in the said Settlement of the Sum of Two
thousand pounds thereby covenanted to be assigned on such of the said Trusts as shall be then subsisting and capable of taking Effect
Provided always and my will and mind is that it shall be lawful for the said Trustees or Trustee for the time being of this my will during the lives or life of the said Edward William Campbell Rich Owen and Elizabeth his Wife & Catherine Cannon or the Survivors or survivor of them at their his or her request in writing to make sale and dispose of the said messuage Lands Effects and Premises in the manner hereinbefore mentioned and the money which shall arise by such sale or sales shall from time to time at the request of the persons or person desiring such sale of sales or the survivors or Survivor of them be laid out and invested by the said Trustees or Trustee in their or his names or name either in the purchase of a messuage & Lands of the Towne at freehold copyhold or leasehold for a term of years of which not fewer than one hundred shall be to come at the time of such purchase as a place of residence for the said Edward William Campbell Rich Owen and Elizabeth his Wife & Catherine Cannon or the survivors or survivor of them and of such furniture and other Effects as shall be required for the same place or residence or in the purchase of a competent share or competent shares of the public Stocks & Funds of Great Britain or on Government or real Securities at Interest to be altered carried for into & upon other Stocks Funds and Securities of a like nature by the direction in writing of the said Edward William Campbell Rich Owen and Elizabeth his Wife & Catherine Cannon during the lifes or lives of them or the survivor of them
And after the decease of such survivor at the discretion & of the sole authority of them the said Trustees or Trustee for the time being & my will and mind is that the said Trustees or Trustee their heirs Ex'ors and assigns shall stand seized and posesed [possessed] of the property in or upon which the money to arise by the sale or sales lastly hereinbefore mentioned shall be laid out [and] invested Upon the Trusts herein before expressed and contained of money to arise from the sale of the heredits. [hereditaments] so devised for sale
But the said Edward William Campbell Rich Owen and Elizabeth his Wife & the said Catherine Cannon shall during the lives and life of them and the survivors and survivor of them be intitled to the benefit or income of the same during the lives & life of them & the survivors and survivor of them Provided also & my will & mind is that if my said daughter in law Catharine Cannon shall marry her interest in & power or discretion with regard to the trust property hereinbefore mentioned shall from the period of her marriage cease & determine
I give and bequeath to the said Catharine Cannon during her Widowhood an annuity of one hundred pounds
and in case she shall marry again one annuity of fifty pounds for her life
the said annuity of one hundred pounds or Fifty pounds as the event shall be to be
paid to the said Catharine Cannon by four equal quarterly payments in each year without making
any deductions from the same except for property Tax & the first quarterly payment thereof to be
made at the expiration of three Calendar months after my decease
I give and bequeath to the Trustees or Trustee under the said Settlement made on the marriage of the said Edward William Campbell Rich Owen with my Daughter Elizabeth the sum of Four thousand pounds to be held by them Upon the Trusts therein expressed and contained of concerning the sum of two thousand pounds thereby covenanted to be assigned or such of the said trusts as shall be subsisting and capable of taking Effect
I give and bequeath to Charles Joseph Christian of the City of Canterbury Basket maker the Sum of one hundred pounds and my will is that his mother Mrs. Hester Christian who resides in my Family shall be maintained during her life by the said Edward William Campbell Rich Owen and Elizabeth his Wife and the Survivors and Survivor of them out of the Property hereinbefore bequeathed in trust for them
I give & bequeath to the said Edward William Campbell Rich Owen and John May & William Cannon their heirs Ex'ors adm'ors & assigns all and singular the real & personal Estates and Effects whatsoever & wheresoever not hereinbefore specifically devised & bequeathed of on or to which I or any person or persons in trust for me are is or are at the time of my decease shall be seized posesed interested or intitled for any Estate term or interest whatsoever & also all such real and personal Estates as I am enabled to dispose by vertue of any special power with their appurts. [appurtenances] to have & to hold the said last mentioned real and personal Estate unto the said Edward William Campbell Rich Owen and John May & William Cannon their heirs Ex'ors adm'ors & assigns according to the nature & quality of the same premises respectively Upon the trusts intents and purposes herein after expressed & contained of concerning the same (that is to say)
Upon Trust that they the said Trustees do & shall with all convenient speed after my decease call in & convert into money the said last mentioned personal Estate or such part thereof as shall not consist of money & absolutely sell and dispose of the said last mentioned real Estates either intirely and altogether or in parcels by public auction or private contract to any person or persons willing to become the purchaser or purchasers thereof respectively for such price or prices or sum or sums of money as to my said Trustees shall seem reasonable & with power to purchase in the same or any part thereof at any such public auction & do & shall stand and be posesed or interested in all the money to arise from the said last mentioned sale or sales & to produce from that part of my sid last mentioned personal Estate which I have directed to be converted into money & of & in the money of or to which I shall be possessed or intitled at the time of my decease
Upon trust that they the said Trustees do and shall by with and out of the same pay my debts & Funeral and Testamentary Expences and the sums of money given and bequeathed by this my will or which I shall give by any Codicil or Codicils thereto or by any writing signed by me & shall stand posesed of and interested in the surplus or residue of the same in trust for all the said Children of my late son John Cannon on the said Catherine Cannon who being a son or sons shall attain the age of Twenty one years or being a daughter or daughters shall attain that age or marry, and their respective Ex'ors Adm'ors & assigns & to be divided equally between them if more than one as Tenants in Common and their respective Ex'ors Adm'ors & assigns and if there be but one such Child in trust for the one Child his or her Ex'ors Adm'ors or assigns
And if there shall be no such Child do and shall pay the surplus or residue of the said monies to the trustee or Trustees of the said Settlement Executors on the marriage of the said Edward William Campbell Rich Owen with the said Elizabeth his Wife to be held by the said last mentioned Trustee or Trustees upon such of the trusts in the said Settlement expressed and contained & concerning the same sum of Two thousand pounds thereby covenanted to be assigned as shall be then subsisting and capable of taking Effect
And my will is and I do hereby direct that the Trustees or Trustee for the time being under this my will shall from time to time during the continuance of the trusts hereby in them reposed lay out & invest the monies which shall come to their or his hands by virtue of this my will in their or his names or name in or upon the public stock or Funds of Great Britain or at interest on Government of real securitys in England and from time to time at their or his discretion to alter vary and transpose the said Stocks Funds & securities for unto & upon other stocks Funds & securities of a like nature
Provided always and I do hereby declare my will & mind to be that untill the portions hereby provided for the children of my said son John Cannon shall be vested it shall be lawful for the trustees or Trustee for the time being under this my will to advance all or any part of any such Childs their presumptive portion under the trusts of this my will for his or her advancement preferment or benefit in the World & during their respective minorities to pay and apply for or towards their respective maintenance & education all or any part of the interest or dividends of such their presumptive portions
I give devise & bequeath to the said Edward William Campbell Rich Owen, John May and William Cannon their heirs Ex'ors Adm'ors & assigns respectively all the Estates which at the time of my decease shall be vested in me upon any trusts or by way of Mortgage of which I have power to dispose by this my will with the appurts. to have & to hold the said premises unto the said Edward William Campbell Rich Owen, John May and William Cannon their heirs Ex'ors Adm'ors & assigns respectively according to the nature and quality of redemption which at the time of my decease shall be subsisting or capable of taking effect therein respectively but the money secured on such mortgages to be considered and taken as part of my personal Estate
And I do hereby nominate and appoint the said Edward William Campbell Rich Owen, John May and William Cannon Ex'ors [Executors] of this my last Will and Testament and I do hereby declare that the receipts in writing of the said Edward William Campbell Rich Owen, John May and William Cannon or the survivors or survivor of them or the heirs Ex'ors Adm'ors & assigns of such survivor for any sum or sums of money payable to them or him and them under and by virtue of this my will shall be good and effectual acquittances and discharges for the money therein respectively acknowledged to be received and shall to all intents & purposes discharge the persons respectively taking such receipts and her or their heirs Ex'ors or adm'ors from seeing to the application or being accountable for the misapplication or nonapplication of the sum or any part thereof
And I do hereby authorize and empower my Ex'ors to pay any debts owing by me or claimed from me upon any evidence they shall think proper & to accept any real or personal security for any debt or debts owing to me & also to allow such time for the payment thereof as to them shall seem reasonable
Provided always and I declare my will and mind to be that when & as often as the Trustees nominated and appointed in this my will or to be appointed as hereinafter is mentioned or their respective heirs Ex'ors adm'ors or assigns shall depart this life or decline to act in the Trusts of this my will before the said Trusts shall be fully executed then and in such case and when and so often as the same shall happen it shall & may be lawful to & for the surviving or continuing Trustees or Trustee or the Ex'ors adm'ors or assigns of the last surviving or continuing Trustee by any writing under their his or he hands and seals or hand and seal and to be attested by two or more credible witnesses from time to time to nominate constitute and appoint any other person or persons to be a trustee or Trustees in the stead or place of the trustee or trustees so dying or refusing or becoming incapable to act as aforesaid
And when & so often as any new Trustee shall be nominated and appointed as afsd. [aforesaid] all the trust Estates monies and premises which shall then be vested in the trustee or Trustees so dying or refusing or becoming incapable to act as aforesaid shall be thereupon with all convenient speed conveyed assigned and transferred in such sort & manner & so that the same shall & may be legally & effectually vested in such new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as occasion shall require and every such Trustee shall have all the powers of the Trustee in whose room he shall be substituted and my will particularly is that there shall always be two persons at the least acting under the trusts of this my will
Provided also and my will is that the said several trustees hereby nominated and appointed and each and every of them and the heirs Ex'ors Adm'ors & assigns of them each and every of them shall be charged and chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts of this my will notwithstanding his or their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of Conformity and any one or more of them shall not be answerable or accountable for the other or others of them or for involuntary losses
And also that it shall and may be lawful to & for them by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to & reimburse himself & themselves respectively & also to allow to his Co Trustee & Co Trustees all costs Charges damages and Expences which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto
In Witness whereof I the said John Cannon the Test'or have to this my last Will and
Testament contained in seven sheets of paper annexed together, to the first six sheets thereof set my
hand & to this seventh & last sheet thereof my hand and seal the twenty third day of November in the
year of our Lord one thousand eight hundred and thirteen
John Cannon
Signed sealed published and declared by the said John Cannon the Testor 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
John Mercer Solr., Deal - W. Morgan, G. Holbrook his Clerks
Proved at London 23rd July 1814 before the Judge by the oaths of Edward William Campbell Rich
Owen, John May & William Cannon the Exors. [Executors] to whom admon. [administration] was
granted being sworn by Comon. [Commission] to admtr. [administer].
Exd. [Examined]
Notes:
Edward William Campbell Rich(ard) Owen married Elizabeth Cannon 19th December 1802 at Deal, Kent.
He died 8th October 1849 and was buried, aged 78, on 16th October 1849 at St. John the Baptist, Windlesham, Surrey.
For further information, see: https://en.wikipedia.org/wiki/Edward_Owen_(Royal_Navy_officer)
Transcribed by Shelagh Mason 16th August 2020
Return to Kent GenealogyWill of John Cannon