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Image of St. Mary the Virgin, Wingham, Kent Copyright 2008 Pam Fray. This work is licensed under the Creative Commons Attribution-Share Alike 2.0 Generic Licence (CC BY-SA 2.0)
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Will of Thomas Cornwell, of Wingham, Kent, Gentleman, 1806

The following Will has been jointly contributed by Carol Valantine Dugger and Beverley Chapman.  Please contact these ladies if you have any comments or questions concerning the Will and/or the family of Cornwell and Dadds.
Source: Will, Prerogative Court of Canterbury, Lambeth Palace, London, England, (England, Kew: The National Archives (formerly the Public Record Office), Catalogue Reference Prob 11/1477, image reference 106.

THIS IS THE LAST WILL and Testament of me, THOMAS CORNWELL, of Wingham, in the County of Kent, Gentleman,

First, I direct that all my just debts, funeral and testamentary expences [sic]and the several legacies hereinafter given be paid as soon as conveniently may be after my decease and I give and bequeath unto each of my friends, JOHN FURLEY of the post office, in the City of Canterbury, Gentleman, and GEORGE PLOMER, of the Middle Temple, London, Gentleman, the sum of ten pounds

And all the rest, residue and remainder of my property, estate and effects whatsoever and wheresoever and of what nature kind or quality soever the same may be after and subject to the payment thereout of all my just debts, funeral and testamentary expences and the before mentioned legacies, I give and bequeath the same and every part and parcel ["and parcel" interlined at this point] thereof and all my Estate and Interest therein unto the said JOHN FURLEY and GEORGE PLOMER, their Executors and Administrators in Trust with all convenient speed after my decease to sell, dispose of, collect, receive and convert the same into money and place, lay out and invest such money and all such ready money as I may leave at my decease and which shall not be disposed of in the payment of my debts, funeral and testamentary expences [sic] and legacies as aforesaid, in their or his own names or name in the public Stock or funds of and in Great Britain at Interest

And my will is that they, my said Trustees and the survivor of them and the Executors and Administrators of such Survivor do and shall stand possessed *of all such Stocks or funds and likewise all such Stocks or funds as I may be possessed* of at my decease and which shall not be disposed of in or for the purpose of paying my debts, funeral and testamentary expences [sic] as aforesaid, upon the Trusts hereinafter mentioned (that is to say),

In Trust that they my said Trustees and the survivor of them and the Executors and Administrators of such survivor do and shall pay the dividends, interest and annual proceed of all the said stocks or funds as the same shall from time to time arise and be received into the proper hands of my daughter ANN DADDS, the wife of JOHN DADDS of Wingham, aforesaid, farmer, for and during the term of her natural life for her own sole, separate, personal and peculiar use and benefit exclusive and independant of her present or any future husband with whom she shall or may intermarry and who shall not intermeddle therewith with her shall the same or any part thereof be subject or liable to his or their power, control, intermeddling, engagements, debts or incumbrance [sic] and my will is and I direct that the receipts of my said daughter ANN DADDS, signed with her own proper hand [word in Will obliterated by erasure], notwithstanding her present or any future coverture and whether covert or sole, shall at all times be good and sufficient discharges for the said dividends, interest and annual proceed to be paid to her or for so much thereof as in and by such receipt or receipts shall be acknowledged or expressed to be received

And from and immediately after the decease of my said daughter ANN DADDS my will is and I direct that they my said Trustees and the survivor of them and the Executors and Administrators of such survivor shall and do stand possessed of and interested in the said Stocks or funds in Trust for all and every the children of my said daughter ANN DADDS lawfully begotten or to be begotten who shall be living at the time of her decease (if more than one) in equal parts and proportions share and share alike and if there shall be but one such child of my said daughter ANN DADDS lawfully begotten living at her decease then In Trust for such one only child and the respective parts and shares of such child or children therein to be [one word obliterated in Will by means of crossing through it] transferred to him, her or them, respectively, at his, her or their age or respective ages of Twenty-one years

And if any one such child shall depart this life under the said age of Twenty-one years then my will is that the part or share of him, her or them so dying of and in the said Stocks or funds shall go and accrue to and for the benefit of the other child and children in such and the like manner to all intents and purposes as if such child so dying had never existed

And if any other or others of the said children of my said daughter ANN DADDS shall happen to depart this life under the said age of Twenty-one years then my will is that the part or share, or parts or shares, as well original as accruing of such other child or children so dying shall, from time to time, go and accrue to and for the [the word "the" interlined at this point] benefit of the other child and children in such and the like manner to all intents and purposes as if such other child or children so dying had never existed

And upon this further Trust that they my said Trustees and the survivor of them and the Executors or Administrators of such survivor [the words "of such survivor" interlined in the Will at this point] shall and do in the meantime after the decease of my said daughter ANN DADDS, pay and apply all the dividends, interest and annual proceed of the said Stocks or funds for and towards the maintenance and education of such child or children until their respective shares thereof shall become transferrable and in proportion to their respective shares therein

And in case there shall be no child of the body of my said daughter ANN DADDS lawfully begotten living at the time of her decease or there being such [the word "all" obliterated from the Will at this point by crossing through heavily] if all and every such child and children shall afterwards depart this life under the said age of Twenty-one years then I give and bequeath the said Stocks or funds unto the said JOHN DADDS (if he shall be then living) to and for his absolute use and disposal but if he shall be then dead then I give and bequeath one moiety or half part of the said Stocks or fund unto my next of kin living at the time of the decease of my said daughter or failure of her issue, as aforesaid, according to the Statute made for distribution of Intestates Estates and the other moiety or half part of the said Stocks or funds I give and bequeath unto the next of kin of my late wife who shall be living at the time of the decease of my said daughter or failure of her issue, as aforesad, according to the said Statute made for distribution of Intestates Estates and I direct my said Trustees and Trustee for the time being of the said Stocks or funds to transfer the same accordingly.

Provided also and my will further is that it shall and may be lawful to and for my said Trustees and the survivor of them or them and the Executors or Administrators of such survivor at any time or times after the decease of my said daughter to transfer and dispose of any part or parts of the apparent share or shares, portion or portions, of her child or children and to pay, apply and dispose of the produce thereof for the putting of such child or children in or to any business, profession or employment, or otherwise, for his, her or their preference or advancement in the world notwithstanding [the word "notwithstanding" interlined in the Will at this point] he, she or they shall not then have attained his or their said age or respective ages of Twenty-one years.

Provided also and my will further is that it shall and may be lawful to and for my said Trustees and Trustee for the time being to alter, transpose and change all and every or any of the said Stocks or funds which or may be vested in them from time to time under and by virtue of this my Will for and to other Stocks or funds of the like nature when and so often as they and he shall see adviseable [sic]

Provided always and I do hereby expressly declare my will to be that if the said JOHN DADDS shall at any time, to the satisfaction of my said daughter and of my Trustees or Trustee for the time being, or their or his counsel, well and effectually convey, settle and assure freehold Estates of Inheritance free from all incumbrances, the net rents whereof shall be equal to the interst and dividends of the before mentioned Stocks or funds, upon and for the benefit of my said daughter and of her child or children and other the person or persons who would be entitled under this my Will to the Stocks or funds aforesaid and the interest and dividends thereof and in such and the same manner and respect as near as can or may be done from the different natures of the premises and with such additional powers as from the nature of the property may be deemed adviseable [sic] to be given that then and in such case from and after such Settlement shall be made and exercised I direct that my Trustees or Trustee for the time being, do and shall transfer the said Stocks or funds hereinbefore mentioned unto the said JOHN DADDS to and for his own absolute use and benefit

And I do hereby nominate, constitute and appoint the said JOHN FURLEY and GEORGE PLOMER Executors of this my Will and I hereby declare my Will to be that it shall and may be lawful to and for my said Trustees and Executors and each of them and their respective Executors and Administrators by and out of all or any of the monies which by virtue of this my Will or any Trust therein declared shall come to their or any of their hands to deduct, retain to, and reimburse themselves all such reasonable costs, charges and expences [sic] as they respectively shall or may sustain, expend or be put unto, in or about the execution of this my Will and also that they and their respective Executors and Administrators shall be charged and chargeable only every of them for and with his own respective receipts, payments, acts and wilful defaults and not otherwise and shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to his and their hands by virtue of this my Will, nor with or for any loss or damage which may happen in or about the execution of all or any of the Trusts hereby in them reposed without his or their respective wilful defaults

And, lastly, hereby revoking all former Wills by me made I declare this to be my last Will and Testament.

IN WITNESS WHEREOF I, the said THOMAS CORNWELL, the Testator have to the first four sheets of this my last Will and Testament, in five sheets of paper contained, set my hand and to the fifth and last sheet thereof set my hand and to the fifth and last sheet thereof set my hand and affixed my seal the tenth [10th] day of September in the year of our Lord one thousand eight hundred and six [1806].


Thos. Cornwell (L.S.)"1


Signed, sealed, published and declared by the said
THOMAS CORNWELL, the Testator, as and for his
last Will and Testament in the presence of us, who
at his request and in the presence of each other,
have hereunto subscribed our names as witnesses hereto
Henry Denne
Thomas Denne


THIS WILL was proved at London the first [1st] day of April in the year of our Lord one thousand eight hundred and eight [1808] before the Right Honourable Sir William Wynne, Knight, doctor of laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted by the oaths of the said JOHN FURLEY and GEORGE PLOMER 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, they having been first sworn duly to administer, Etc. to wit, the said JOHN FURLEY by commission and the said GEORGE PLOMER before the Worshipful George Ogilvie, doctor of laws and Surrogate of the said Commissary. Exd. [Examined]2


*Interlineation in Will at that point of the words marked at beginning and end of insertion by the superscripted numeral 1.

1  Legal device used to indicate that the Will had been a " legal true copy" of the transcribed version of the original document and that the original document had been signed by the person whose signature appears, in this time period, as in a distinctly different format from the remainder of the writing in the document. The letters L.S. enclosed within a circle is an extension of the "true legal copy" system and denotes that the seal had been affixed to the original document.

2  Examined, indicating examination and comparison of this transcript with the original document and found to be in conformance with that original document.