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This is the last Will and Testament of Mr.
Thomas Kennerley of Gibson Square Islington in the County of
Middlesex Gentleman I give and bequeath unto my dear wife Mary
the sum of one hundred pounds for her immediate occasions to be
paid as soon as possible after my death
I also give unto
my said wife absolutely all my Watches Trinkets Jewels and
Ornaments of the person and wearing apparel and also all my
Household Goods and furniture Plate Linen China Books prints
pictures Wines Liquors and other Household Effects and Household
Stores I give and bequeath unto each of my Executors hereinafter
appointed who shall have proved this my Will (but not including
my said wife) the sum of fifteen pounds fifteen shillings as a
small acknowledgment for their trouble in the execution hereof I
give and bequeath unto my son Thomas Kennerley the sum of two
hundred pounds over and beyond all other gifts and provisions
made for him in my lifetime and in particular the Business which
I relinquished to him but not to release the Bond which I hold
from him and his partner
I consider the provisions already made for
my said son quite sufficient which is the reason I give him so
little as I do by this my Will I give devise and bequeath unto
my daughter Mary Kennerley her Executors and administrators
absolutely all my estate right and interest under my present or
any future Lease or Leases for lives or life or years of and my
Leasehold Farm Messuage Buildings and Lands situate at Lower
Peover in the County of Chester and which now are or late were
in the occupation of John Johnson with their appurtenances I
give and bequeath unto my said wife Mary Kennerley and William
Jones of Stratfield Street Gentleman and John Hodge of Drury
Lane Stationer all that my Leasehold Messuage or Tenement and
premises with the appurtenances being No 2 Conduit Street Bond
Street in the County of Middlesex now or late in the occupation
of James Chivers for all my term or terms and interest therein
at my decease under my present or any future Lease or Leases
thereof upon the Trusts following that is to say upon trust to
apply the rents upon and annual profits of the said premises for
and towards the maintenance and support of my son Joseph
Kennerley in such manner as the Trustees or Trustee thereof for
the time being shall think proper for and during the natural
life and after his decease on trust to pay to or permit and
empower my said wife to receive and take the rents from and
annual profits of the said premises to arise and grow but during
her natural life and after her decease then upon and for the
trusts and purposes hereinafter expressed of and continuing my
general residuary estate and I direct that the Trustees and
Trustee for the time being of the said last mentioned premises
do and shall during the continuance of the said Trusts for my
said Son and Wife and until the said premises be sold under the
Trusts hereinafter declared of my general residuary estate after
the determination of the said Trusts renew the Lease of the said
premises from time to time as and upon such terms as they he or
she think proper and pay and defray the fines and expenses
thereof out of the fund to be appropriated for such purpose as
is hereinafter expressed and I direct that as soon after my
decease as conveniently may be the sum of two hundred pounds
shall be invested in the public Stocks or Funds or Government
or Real securities (to form a fund to pay the said Fines and
expenses of renewal of the said Leases) which said sum shall be
appropriated and set apart from and out of my estate {or by
purchase with and out of my estate} and invested in the names or
name of the Trustees or Trustee for the time being of the said
Leasehold premises to answer and pay the said Fines and expenses
of renewal of the said Lease and that such appropriated Stocks
Funds or securities shall be held by the person or persons in
whom the same shall be invested upon trust from time to time to
reinvest and accumulate so much of the interest Dividends and
annual proceeds thereof as they he or she from time to time
shall think requisite and upon further trust from time to time
by with and out of the Interest Dividends and annual proceeds of
such original and accumulated Funds or by sale transfer or other
disposition of a sufficient and competent part of the Capital
thereof from time to time to pay the said fines and expenses of
such renewal of the said Lease as aforesaid and that subject
thereto such appropriated Stocks Funds or securities and the
accumulations thereof and the interest dividends and proceeds
thereof shall fall into and constitute a part of my residuary
personal estate hereinafter disposed of and go therewith and as
part thereof according to this my Will and in case I have or at
my decease I should have contracted for the sale of the said
premises in Conduit Street I direct the purchase money for the
same or in case such sale should have been completed in my
lifetime the amount thereof (which I direct to be taken out of
my general residuary estate and which in such case I give and
bequeath to my said trustees accordingly) shall with all
convenient speed be laid out and be invested by and in the name
or names of my said above named Trustees or the survivors or
survivor of them or the Executors or administrators of such
survivor in or upon the public Stocks or Funds of Great Britain
or at interest upon Government or real security in England and
my said Trustee or Trustees for the time being shall stand and
be possessed of all such Stocks Funds and securities upon and
for the Trusts and purposes hereinbefore expressed of and
concerning my said Leasehold premises in Conduit Street
substituting only the interest dividends and annual profits of
the said premises I give and devise all my Freehold Leasehold
and Copyhold or Customary Lands Messuages Tenements
Hereditaments and premises situate in the parishes of Hanworth
and Hampton both in the County of Middlesex (the copyhold being
duly surrendered to the use of my Will and which said premises
are now or late were in the occupation of Charles Palmer with
their appurtenances unto my said wife Mary Kennerley for and
during her life to and for her own use and benefit and from and
after her decease I give and devise one moiety or half part
thereof unto my said Friends William Jones and John Hodge and
their heirs Executors and administrators for and during the term
of the life of my Daughter Mary Kennerley {upon trust as the
trusts issues and annual profits thereof for my said daughter
Mary Kennerley} for her separate use as hereinafter expressed
and from and after the decease of my said Daughter Mary
Kennerley I give and devise the same moiety or half part of the
said Hereditaments and premises to such person or persons or to
such use and uses and to and for such estate and estates
interests and interest ends intents and purposes and upon such
Trusts and charged and chargeable in such manner and subject to
with and under such powers provisoes conditions limitations
declarations and agreements as my said daughter Mary at any time
or times and from time to time (not withstanding any coverture)
by any Deed or Deeds Instrument or Instruments in writing with
or without power of revocation and new appointment to be by the
sealed and delivered in the presence of and to be attested by
two or more credible Witnesses or by the last Will and Testament
in writing or any writing purporting to be or being in the
nature of her last Will and Testament or any Codicil or Codicils
thereto to be signed by her in the presence of and to be
attested by three or more credible Witnesses shall direct hire
or appoint give or devise the same and will in default of and
until and subject to any and every such divertion limitation or
appointment gift or devise I give the same to my said Daughter
Mary her heirs Executors administrators and assigns absolutely
and to the other moiety or half part of the said Heridatements
and premises after the decease of my said Wife I give devise and
bequeath the same unto my said Friends William Jones and John
Hodge their heirs Executors and Administrators for and during
the term of the life of my Daughter Elizabeth Sarah Kennerley
upon trust as to rents issues and annual profits thereof for my
said Daughter Elizabeth Sarah for her separate use as
hereinafter expressed and from and after the decease of my said
Daughter Elizabeth Sarah Kennerley I give and devise the same
moiety or half part of the said Heridatements and premises to
such person or persons or to such use and uses and to and for
such estate and estates interest and interests and intents and
purposes and upon such Trusts and charged and chargeable in such
manner and subject to with and under such powers provisoes
conditions limitations declarations and agreements as my said
Daughter Elizabeth Sarah at any time or times and from time to
time notwithstanding her present or any future coverture by any
Deed or Deeds Instrument or Instruments in writing with or
without power of revocation and new appointment to be by her
sealed and delivered in the presence of and to be attested by
two or more credible Witnesses or by her last Will and Testament
in writing or any writing purporting to be or being in the
nature of her last Will and Testament or any Codicil or Codicils
thereto to be signed by her in the presence of and to be
attested by three or more credible Witnesses shall direct limit
or appoint give or devise the same and in default of and until
and subject to any and every such direction limitation or
appointment gift or devise I give the same to said Daughter
Elizabeth Sarah her heirs Executors { administrators and assigns
absolutely I give and bequeath unto my said Trustees William
Jones and John Hodge their Executors} administrators all those
my two Messuages or Tenements and premises with their
appurtenancies being Nos 1 and 2 Gibson Square Islington in the
County of Middlesex for all my term or terms and interest
therein at my decease under my present or any future Lease or
Leases thereof upon the Trusts following that is to say upon
Trust as to the rents issues and annual profits thereof for my
said Wife Mary Kennerley for and during her life and from and
after her decease then as to the said House No 1 in Gibson
Square aforesaid during the life of my Daughter Hannah Julia
Kennerley upon trust as to the rents issues and annual profits
thereof for my said Daughter Hannah Julia ( for her separate use
as hereinafter expressed ) and from and after the decease of my
said Daughter Hannah Julia as to the said Leasehold premises No
1 Gibson Square aforesaid for all my term or terms and interest
aforesaid in trust for such person or persons and for such
interest and interests and intents and purposes and upon such
trusts and charged and chargeable in such manner and subject to
with and under such powers provisoes conditions limitations
declarations and agreements as my said Daughter Hannah Julia at
any time or times and from time to time ( notwithstanding any
coverture ) by any Deed or Deeds Instrument or Instruments in
writing with or without power of revocation and new appointment
to be by her sealed and delivered in the presence of and to be
attested by two or more credible Witnesses or by her last Will
and Testament in writing or any writing purporting to be or
being in the nature of her last Will and Testament or any
Codicil or Codicils thereto to be signed by her in the presence
of and to be attested by two or more credible Witnesses shall
direct or appoint give or bequeath the same and in default of
and until and subject to any and every such direction or
appointment gift or bequest upon trust for my said Daughter
Hannah Julia her Executors administrators and assigns absolutely
and from and after the decease of my said Wife as to the other
House being No 2 in Gibson Square aforesaid during the life of
my Daughter Anne Maria Kennerley upon trust as to the rents
issues and annual profits thereof for my said Daughter Anne
Maria ( for her separate use as hereinbefore expressed ) and
from and after the decease of my said Daughter Anne Maria as to
the said Leasehold premises No 2 in Gibson Square aforesaid for
all my term or terms and interests aforesaid in trust for such
person or persons and for such interest and interests and
intents and purposes and upon such Trusts and charged and
chargeable in such manner and subject to with and under such
powers provisoes conditions limitations declarations and
agreements as my said Daughter Anne Maria at any time or times
and from time to time ( notwithstanding any coverture ) by any
Deed or Deeds Instrument or Instruments in writing with or
without power of revocation and new appointment to it by her
sealed and delivered in the presence of and to be attested by
two or more credible Witnesses or by her last Will and Testament
in writing or any writing purporting to be or being in the
nature of her last Will and Testament or any Codicil or Codicils
thereto to be signed by her in the presence of and to be
attested by two or more credible Witnesses shall direct or
appoint give or bequeath the same and in default of and subject
to any and every such direction or appointment gift or bequest
upon trust for my said Daughter Anne Maria her Executors
administrators and assigns absolutely provided always and it is
my will and meaning that it shall be lawful for the Trustees and
trustee for the time being of this my Will during the
continuance of the respective trusts hereinbefore created as to
my respective Leasehold property in Conduit Street and Gibson
Square hereinbefore mentioned and also for my said Wife during
her life as to the other Freehold Leasehold and Copyhold
property hereinbefore given to her for her life with the
concurrence of the Trustees or Trustee for the time being seized
or possessed of the reversion thereof expectant on her decease
and after her decease to the Trustees or Trustee thereof during
the continuance of the trusts thereof hereinbefore created to
demise or Lease the said premises or any part thereof with the
appurtenances to any person or persons for any term or number of
years in possession and not in reversion or by way of future
interest receiving on every such Lease during the continuance
thereof the best or most improved yearly rent or rents payable
quarterly or half yearly that can or may be reasonably had or
gotten subject to such terms and conditions as to repairs
insurance or otherwise as the parties for the time being
granting such Leases may think proper but without taking any
fine premium or forfeit for the making thereof and so that in
every such Lease there be contained a condition of renting on
non-payment of rent by the span of Twenty one days or
non-performance of covenants and so as that the respective
Lessees do seal and execute counterparts of their Leases and be
not dispunishable of waste other than pulling down Buildings in
order to build new ones and whereas I have advanced to my Son
Alfred the sum of One thousand two hundred pounds to enable him
to proceed to and settle in New South Wales which with the
provision I have hereinafter made for him by this my Will I deem
sufficient and as regards the said sum of One thousand two
hundred pounds it is my desire that notwithstanding any security
or acknowledgment which I may have for the said sum the same
shall be considered as a gift thereof made to him at the time
and that any security for the same shall as soon as conveniently
may be after my decease be delivered up to him or in case of his
decease in my lifetime to his Executors or administrators and
cancelled and as to for and concerning all my Estate and Effects
Real and Personal whatsoever and wheresoever which I or any
person or persons in trust for me and is or are or at my
decease ( by any acquisition hereafter ) shall or may be seized
or possessed of or in any way entailed to or over whichI have or
shall have any power to dispose by this my Will and all such
right and interest in and to the same as I have or shall have
power so to dispose of including Copyhold or Customary
Hereditaments ( if any ) and all property which may fall into my
residuary estate by virtue of the provisions hereinbefore
contained subject to tthe disposition hereinbefore contained I
give devise and bequeath the same unto my said Wife and the same
William Jones and John Hodge their heirs Executors and
administrators according to the different natures of the
property respectively upon the trusts following ( that is to say
) upon Trust that they my said Trustees or the survivors or
survivor of them and the heirs Executors and administrators of
such survivor do and shall as soon asmay be after my decease
collect receive get in sell dispose of and convert into money
all the said estate and effects by all such ways and means and
in such manner as they may think fit ( and as to any sale or
sales either by public auction or private contract or partly by
both and as they he or she may think best and with full power
and authority for them him and her if they he or she shall so
think proper to buy in all or any property which may be put to
sale by public auction and rescind and vary any contract or
contracts for sale and to resell the respective properties in
manner aforesaid with like powers aforesaid without being in any
manner answerable or accountable for any loss which may arise
thereby I also authorise and empower the Trusts and Trustees
for the time being of this my Will to refer any question matter
or thing whatsoever relating to or concerning my estate or
Effects to arbitration in the prosecution and enforcing or
revoking or setting aside any and every submission or award or
otherwise as they he or she shall think fit and to compound and
agree in respect of and release and discharge any Debt or Debts
or any other matters or things forming part of or relating to my
estate or effects upon such terms and in such manner as they he
or she may think fit and also to take any security or
securiities real or personal which they he or she may think
prudent for any debts or demands due or forming part of my
estate or any composition which they he or she may agree to
accept or any other matter or thing in any wise relating to my
estate or effects and I also direct that in the meantime until
any Freehold Copyhold or Leasehold properties to become saleable
by virtue hereof shall be sold according to this my Will it
shall be lawful for the person or persons having authority to
sell the same by virtue hereof to demise and lease for the same
for such terms and at such rents and in such manner as they he
or she may think proper and all fines and premiums to be
received by them him or her for and in respect of granting any
such Lease shall be applied and disposed of in the manner as if
the same had arisen from the sale of such property according to
this my Will and I also direct that the rents issues and annual
profits of such respective properties hereby by me directed to
be sold in the meantime after the same become saleable until the
same shall be sold according to this my Will shall be subject to
and be applied and disposed of upon and for the Trusts and
purposes herein expressed concerning the interest dividends and
annual profits of the Stocks Funds and securities to be
purchased and taken with the monies to arise from the sale and
conversion of my residuary estate provided always and I
expressly direct that no Freehold copyhold or leasehold property
to become saleable under this my Will shall be sold during the
life of my said wife unless and until she so think proper and it
is my will and meaning that my said Trustees and Trustee for the
time being do and shall with and out of the monies to be
received by or from such sale and conversion as aforesaid or
otherwise forming part of my estate or to come to the hands of
my said Trustees or Trustee by virtue of this my Will pay and
discharge my just debts and Funeral expences and the costs and
charges of proving this my Will and the several legacies
hereinbefore by me given and make such appropriation as
hereinbefore directed to answer the fines and expenses of
renewing the Lease of the said premises in Conduit Street
aforesaid and do and shall from time to time with all convenient
speed lay out and invest the residue or surplus of all such
monies in the name or names of my said above named trustees or
the survivors or survivor of them or the Executors or
administrators of such survivor in or upon the public Stocks or
Funds of Great Britain and do and shall stand and be possessed
of all such Stocks Funds and securities upon the Trusts
following ( that is to say ) upon trust to pay to or permit and
empower my said Wife to receive and take the interest dividends
and annual profits thereof to arise and grow due during her
natural life and in the meantime subject to the trust aforesaid
to stand possessed of the several Stocks Funds and securities
aforesaid In trust in the first place after the death of my
said Wife out of such residuary estate to pay to each of my said
Daughters Hannah Julia Kennerley and Anne Maria Kennnerley the
sum of Five hundred pounds each for their and each of their
absolute use and benefit to be payable to them on their
attaining the age of twenty one years and after such payments to
my said two Daughters then as to the remainder of such residue
upon trust for all such of my following children that is to say
my son Alfred and my four Daughters Mary Kennerley, Elizabeth
Sarah Kennerley Hannah Julia Kennerley and Anne Maria Kennerley
as shall be living at my decease and shall live to attain the
age of Twenty one years or die under that age leaving lawful
issue living at his her or their decease or respective deceases
or born in due time afterwards if more than one equally share
and share alike as tenants in common and not as joint tenants
and if but one then for such one absolutely provided always and
it is my express will and meaning that my said Wife shall and do
until my said Daughters marry by with and out of the rents
issues and profits interest dividends and annual proceeds to
which she my said Wife will be entitled by virtue of this my
Will maintain and educate and support my said Daughters in a
proper manner and according to their fortunes and expectations
in life but nevertheless it is my meaning and intention that the
mode of such maintenance and education and support shall be
solely in the direction of my said Wife and without her being
subject to any control or to render any account in respect of
provided always that if all or any of my said last mentioned
five children my aforesaid residuary Legatees shall die in my
lifetime leaving a Child or Children who shall survive and then
and in such case their respective Children shall stand in loco
parentis as to my said residuary estate and their share which
each child so dying in my lifetime ( if such Child had survived
me and attained the age of twenty one years would have taken of
and in the said Trust monies Stocks Funds and securities shall
be held in trust for all and every his and her respective
Children living at or born in due time after my decease who
being male shall live to attain the age of twenty one years or
die under that age leaving lawful issue living at his or their
decease or respective deceases or born in due time afterwards or
being female shall attain that age or be married ( if more than
one equally share and share alike as tenants in common and not
as joint tenants and if there shall be but one such Childthen
for such one Child absolutely and in case there shall be no such
Child who being male shall attain such age or being female shall
attain such age or marry as aforesaid then the share of each my
said Children dying in my lifetime whose Children shall so fail
shall be held upon the trusts hereinbefore expressed as if this
present provision had not been made provided also and it is my
further will and meaning that in the meantime after the decease
of my said Wife until the shares of my said Children and
grandchildren of and in the aforesaid Stocks Funds and
securities shall respectively become vested payable and
transferable according to this my Will my said Trustees or
Trustee for that in time being shall and may pay apply and
dispose of the interest dividends and annual proceeds of the
respective apparent shares from time to time for the time being
of my said Children and grand children respectively by virtue of
this my will of and the said Stocks Funds and securities or so
much thereof as such a Trustee or Trustees shall think proper in
for or towards their respective maintenance education cloathing
and bringing up in such manner as my said Trustees or Trustee
shall think proper and all surplus savings or accumulations of
such interest dividends and proceeds shall be added to and laid
out and invested together with the Capital of the share or
respective shares where the same shall have arisen and
accumulated with and go as part of the Capital of the same
according to this my Will but nevertheless my said Trustees and
Trustee shall and may apply all or any part of such savings or
accumulations for the like purposes or in increase thereof in
the next or any succeeding year or years if they he or she shall
so think proper and provided also that it shall and may be
lawful for the Trustee or Trustees for the time being of this my
Will at any time or times after my decease in their his or her
own direction to apply and dispose of any part of the Capital of
the respective apparent shares for the time being from time to
time of my Children and grand children respectively of and in
the said Stocks Funds and securities for advancing them
respectively in the world in life or in marriage or otherwise as
my said Trustees or Trustee shall think proper and as to my said
Children either before or after their attaining twenty one but
as to my said Daughters not exceeding the amount or value of
Five hundred pounds sterling each an all such maintenance and
advancement aforesaid of grand Children may be so applied
notwithstanding the existence of the Fathers of any of those and
his or their ability to maintain and educate them if the
Trustees or Trustee for the time being of this my Will so think
proper provided further and it is also my express will and
meaning that all life income whatsoever to which my Wife and
daughters respectively shall or may be or become entitled by in
this my Will during any coverture shall be for their own
respective personal use and benefit and shall in nowise be
subject or liable to the power control disposition debts
engagements or encumbrances of any Husband or Husbands with whom
they respectively may intermarry and the same shall be for the
separate use of my said Wife and Daughters notwithstanding any
coverture but without power of disposition by anticipation and
provided always and it is my further will and meaning that it
shall and may be lawful for the Trustees and Trustee for the
time being of this my Will with the consent in writing of the
person if any other than my said Son Joseph for the time being
entitled to the amount of the trust Fund of such party be adult
and if and whenever there be not any such other adult so
entitled then at the discretion and of the proper authority of
the said Trustees and Trustee to sell transfer call in and
dispose of all or any of the public Stocks or Funds or
Government or real securities to be purchased and taken pursuant
to any of the Trusts direction of this my Will {or shall become
vested in my said trustees or trustee by virtue of this my Will}
and to lay out and
invest the monies to arise and be received thereby or therefrom
in their his or her own names or name in or upon any other
Stocks Funds or securities of the like nature and again from
time to time in like manner to sell transfer call in and dispose
of such new or other Stocks Funds or securities and lay out and
invest the monies to arise and be received thereby and therefrom
in or upon the like Stocks Funds and securities which shall or
may be or become vested in them him or her upon the Trusts of
this my Will and that the said Trustees and Trustee shall and do
stand and be possessed of all and every suchnew and other Stocks
Funds and securities aforesaid and the interest dividends and
annual proceeds thereof upon and for the trusts intents and
purposes and with under and subject to the powers provisoes and
directions in and by this my Will expressed declared and
contained of and concerning the original Stocks Funds and
securities and for facilitating the execution of all and every
the trusts powers and purposes of this my Will do declare and
direct that the receipt receipts of the said Trustees and
Trustee for the time being of this my Will for all monies
whatsoever which shall be paid to them him or her by virtue of
the Trusts or powers or for the purposes of this my Will shall
be a good and effectual discharge and good and effectual
discharges to all persons whatsoever for all or any sum or sums
of money for which such receipt or receipts shall be given and
shall acquit and discharge the person or persons paying the same
and his her or their heirs Executors and administrators
therefrom and from all liability to see to the application
thereof and from all consequence of any loss misapplication or
non-application of those and or any part thereof provided
further and it is also my will and meaning that in case my said
Wife hereto upon and for the trusts & purposes of this my Will
as part of my general estate and I also nominate and appoint my
said Wife during her life and after her decease then my Daughter
Mary Kennerley together with the other Trustees hereby appointed
Trustees and Trustee for the time being of this my Will ( in
whom my personal estate may from time to time be vested )
Guardian and Guardians of my Daughters until their age of twenty
one years or marriage and I do hereby declare that the bequests
and provisions herein contained and hereby made for my said Wife
are by me intended and shall be accepted and taken by her in
full bar recompense & satisfaction of and for all dower thirds
Freebench or other customary or widows right in or out of all or
any Freehold Copyhold or customary heredits of or to which I
have been heretofore am now or may be hereafter in any wise
seized or entitled and lastly I do hereby revoke all Wills
Codicils & other testamentary dispositions made by me heretofore
and declare this only to be my last Will and Testament In
Witness therof I the said Thomas Kennerley have to this my last
Will & Testament contained in thirteen sheets of paper ( affixed
together with my seal ) set my hand & affixed my seal in manner
hereinafter mentioned ( that is to say ) to the first twelve
sheets hereof my hand & to this thirteenth and last sheet my
hand and seal this twenty second day of May One thousand eight
hundred and thirty two.
" Tho Kennerley" (LS ?). Signed sealed
published and declared by the above named Thomas Kennerley ( The
Testator ) as and for his last Will and Testament in the
presence of us who at his request and in his presence and in the
presence of each other have hereunto subscribed our names as
Witnesses thereto.
"Thomas Hard" 56 Paternoster Row London.
"James Hodge" ditto "J Rainbow" ditto
CODICIL made 29th October 1835 I hereby
appoint my son Thomas Kennerley of Burton on Trent Staffordshire
my Executor and Trustee instead of Mr John Hodge of Drury Lane
named in this my Will and I hereby revoke the legacy left him in
my Will it being my will meaning and intent that the said John
Hodge shall derive no benefit from my Will.
"Tho Kennerley".
APPEARED PERSONALLY "George Stanton" of
No 127 Regent Street in the County of Middlesex Woolen Draper
and "William Hitchin" of No 10 Earl Street Blackfriars in the
City of london Gentleman and jointly and severally made Oath
that they respectively knew & were well acquainted with Thomas
Kennerley late of Gibson Square {in the parish of St Mary}
Islington in the County of Middlesex Gentleman deceased for many
years before and down to the time of his death and that having
during such their acquaintance with the said deceased frequently
seen him write and subscribe his name to writings they have
thereby become respectively well acquainted with the manner &
character of his handwriting subscription and the Deponents
having respectively carefully viewed & perused that part of the
paper writing which is hereto annexed which purports to be &
contain a Codicil to the last Will and Testament of the said
deceased which said Codicil begins thus Codicil made 29th
October 1835 I hereby appoint my Son Thomas Kennerley of Burton
on Trent Staffordshire my Executor and trustee instead of Mr
John Hodge and thus it being my will meaning & intent that the
said John Hodge shall derive no benefit from my Will and thus
subscribed "Tho Kennerley" & having respectively particularly
noted & observed the said recited Signature or subscription to
the said Codicil they lastly jointly & severally made Oath that
they verily in their consciences believe the whole body series
and contents of the said Codicil beginning & ending as before
recited & also that said recited signature or subscription to
the same to be all of the own proper handwriting & subscription
of the said deceased. "Geo Stanton" "
William Hitchin" on the 23rd day of
September 1839 the said George Stanton was duly sworn to the
truth of the aforegoing affidavit before me " F T Pratt
Surrogate" present "W B Engleheart Notary Public" On the same
day the said William Hitchin was also duly sworn to the truth of
the aforegoing affidavit Before me " F T Pratt Surr" present
"W B Engleheart Notary Public".
PROVED at London with a Codicil the 28th
September 1839 before the Worshipful Frederick Thomas Pratt
Doctor of Laws and Surrogate by the oaths of Mary Kennerley
Widow the Relict & William Jones the Executors named in the Will
& the Rev Thomas Kennerley the son the Executor named in the
Codicil to whom admin. was granted having been first sworn duly
to administer.
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