Will of Adam Dennes

of Stone in Oxney, Kent

I give devise & bequeath subject to the payment of my just Debts Funeral Expenses and the Probate of this my Will my whole fortune of money securities for money mortgages plate goods chattels stocks funds and all other my Real and Personal Estate of what nature or kind soever except such parts thereof as I shall hereafter specifically give bequeath and dispose of unto my Son Richard Dennes and Isaac Cloak of Tenterden in the County aforesaid Brewer their Executors Admors and Assigns upon Trust that they my said Trustees or the Survivor of them or the Executors Admors and Assigns of such Survivor shall and do as soon as conveniently may be after my decease sell and convert into ready money all such part or parts thereof as shall not consist of Monies or Securities for money and if it should be deemed necessary receive and get in all such part or parts thereof as consist of monies or securities for Money and thereupon with all convenient speed thereafterwards invest and place out the monies arising by such Sale or Sales and to be willed in as is last mentioned upon Mortgage Parliamentary or other Real Securities at Interest or in the purchase of Stock in any Public Firms

And I do hereby direct my said Trustees or the Survivor of them his Executors Admors and Assigns to pay and apply the Dividends Interest & Annual Produce thereof for and towards the maintenance and education or otherwise for the benefit and advantage of all and every my Child and Children Adam Richard Thomas Isaac and Elizabeth in equal shares & proportions all which Stocks Funds or Securities may be from time to time sold assigned transferred & disposed of and the monies arising thereby again invested or laid out in or afore(?) any one(?) or other like Stocks Funds or Securities as to them the said Trustees or the Survivor of them or the Executors Admors or Assigns of such Survivor shall ...(?) and that they the said trustees or the Survivor of them or the Executors Admors or Assigns of such Survivor do and shall stand & be possessed of all & every the Stocks Funds and Securities wherein or afore which the said Trust Monies or any part or parts thereof shall be invested or laid out and the Dividends Interest & Annual Produce thereof respectively upon and for such trusts intents & purposes as and hereinbefore mentioned and expressed of and concerning the same

But in case of the death of any or either of my said Child or Children without issue lawfully begotten then I direct that the part or share of him her or them so dying shall go to and be paid to the Survivors or Survivor of them share & share alike

It is nevertheless my will and desire that the Sum or Sums of Money any or either of my said Child or Children shall have received during my lifetime shall be duly accounted for in order that one may not receive more than another but that the Trust Monies herein before mentioned may be divided equally amongst them [this paragraph was added to the will �in the presence and at the desire of the Testator�]

I give to my Wife Elizabeth Dennes the Sum of thirty Pounds a year to be deducted from the Trust Monies hereinbefore mentioned for and during the term of her natural life in case she should continue my Widow but after her decease or second Marriage then I direct that the said Sum of thirty Pounds shall be divided amongst all and every my Child or Children their heirs and assigns or the Survivor or Survivors of them share & share alike

I give to my Grandchild Joseph Houghsfam(?) [Hougham?] of the City of London Jeweller the interest of two hundred Pounds to be paid to him yearly during his natural life by my Executors or the Survivor of them or the Admors or Assigns of such Survivor

I give to my Grandchild William Wimpsett(?) [Wilmshurst?] of Robertsbridge in the County of Sussex the interest of two hundred Pounds during his natural life to be paid to him yearly by my Executors or the Survivor of them or the Executors Admors or Assigns of such Survivor [this paragraph was bracketed on the court transcript with initials GC in the margin against the start and end of the brackets]

[the next three lines on the court transcript were wavy lines representing lines obliterated on the original will, with the margin note �origl so�]
them or the Executors Admors or Assigns of such Survivor [appears to be an �orphan� line after the obliteration]

And I hereby nominate and appoint the said Richard Dennes and Isaac Cloak Executors of this my Will hereby revoking all and every other Will or Wills by me heretobefore made I declare this to be my last Will and Testament

In Witness whereof I the said Adam Dennes the Testator have to this my last Will and Testament contained in two Sheets of Paper set my hand to the first and my hand and seal to the last Sheet thereof the day & year first above written
Adam Dennes
Signed sealed published & declared by the said Testator Adam Dennes 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 the first four lines at the top of the second Sheet having been added in the presence and at the desire of the Testator
John Thatcher Junr. - Thos. Holstock - Sarah Wellsted

In the Goods of Adam Dennes deceased � The 13th day of March 1818
Appeared Personally Adam Dennes of Appledore in the County of Kent Labourer and Isaac Cloake of Tenterden Brewer and jointly & severally made oath and say That Adam Dennes late of Stone in the Isle of Oxney in the County of Kent Yeoman departed this life on or about the eleventh day of October last past and that those Appearers did on or about the thirteenth day of October last past make search in a Chest belonging to the deceased in which he kept his papers of moment and concern for his Will when they found the Paper Writing hereunto annexed which they truly believe to be and contain the last Will and Testament of the said Deceased the said Will beginning �This is the last Will & Testament of me Adam Dennes of Stone in the County of Kent Yeoman made published and declared this seventeenth day of August in the Year of our Lord One thousand eight hundred & three� and ending thus �In Witness whereof I the said Adam Dennes the Testator have to this my last Will and Testament contained in two Sheets of Paper set my hand to the first and my hand and seal to the last Sheet thereof the day and year first above written� and thus subscribed �Adam Dennes� and the Appearers say on perusing the said Will they found the word �and� added to the ninth line of the said Will reckoning from the top thereof and the word �Adam Denniss� written in the margin of the said Will opposite the space between the ninth & tenth lines reckoning from the top thereof and part of the twenty fourth the whole of the twenty fifth and part of the twenty sixth lines of the first Sheet obliterated in the manner as it now appears and the word �Thomas� interlined between the twenty fifth and twenty sixth lines of the first Sheet of the said Will reckoning from the top and the Letter �K� added to the name or word �Isaac� in the said twenty sixth line of the said first Sheet of the said Will reckoning as aforesaid and at the top of the second Sheet the following written �It is nevertheless my will & desire that the Sum or Sums of Money any or either of my said Child or Children shall have received during my lifetime shall be duly accounted for in order that one may not receive more than another but that the Trust Monies herein before mentioned may be divided equally amongst them� and part of the eighteenth the whole of the nineteenth and twentieth lines of the said Sheet obliterated and struck through and that the said Will is now in all respects in the very same plight & condition as when found by these Appearers aforesaid
Isaac Cloake
Adam Dennis
In the presence of Weeden Dawes of the ancient Town of Rye in the County of Sussex Notary Public
John R Coombe Commissioner

On the 14th August 1819 Admon with the Will annexed of the Goods Chattels & Credits of Adam Dennes the Elder late of Stone in the Isle of Oxney in the County of Kent deceased was granted to Adam Dennes Thomas Dennes (in the Will written Denniss) the Son & one of the Residuary Legatees In Trust named in the said Will having been first sworn (by Comon [Commission]) duly to administer Isaac Cloake (in the Will written Cloak) one of the Executors & one other of the Residuary Legatees In Trust having first renounced the Probate and Execution of the said Will and Richard Dennes the Son the other Executor and other residuary Legatee In Trust having been first duly rited with the usual intimation but in nowise appearing as by Acts of Court appear

Comments:
Richard �DENNES�, the son who did not appear for the probate hearing, had been sentenced to death in 1815 for stealing a sheep, later commuted to 15 years transportation to NSW.
The testator mentions only 5 of his children plus 2 grandchildren. He mentions none of the children he had with Elizabeth Jarvis, but the 2 grandchildren he mentions were likely children of daughters he had with this Elizabeth.
The children he had with Elizabeth CORNELIUS known to be alive when the will was made, and not mentioned in the will were:
* Susanne born 1777 who had married Edward PAINE in 1797
* Charlotte born 1779 who had married William Frampton in 1797
* William born 1782 who had married Susana PAINE 19 Apr 1803 (before the will was made)
* Harriet born 1788 married Thomas PAINE 29 Dec 1813

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