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Will of Anthony WINDYETT of Plymouth, Clothier - 1686

Contents of this page:  [Family] [Links] [Summary] [Transcription] [Notes]

The Will of Anthony WINDYETT of Plymouth in the County of Devon Clothier 
Made:  19/12/1684, WITNESSES:  John CROSSING 1684 Samuel ?CAUNT Joseph ? John WESTLAKE
Proved ? Thomas CROUCH Nathaniel ?NORTHROLT Joseph WILCOCKS at Johanni HARRIS (Anthony's appointed 'Overseers') have sworn something at the bottom of the Will but my Latin is very rusty and I can only make out the statement that the children were under age.
SOURCE:  PRO

For a  list of other WINDGEAT (and variants) Wills please go to the WILLS page.


FAMILY

We don't know anything about this family and, as Anthony is a rare Christian name among the WINDEATTs, I was wondering whether this seventeenth century Anthony was an ancestor of the one in London who left a will in the eighteenth century (see 1760 - Will of Anthony WINDYETT, Stay Maker of Saint Martin in the Fields).  Unfortunately, this Anthony's only surviving son is a Joseph so a neat direct line of Anthony WINDEATT descendants does not present itself.  It is possible, of course, that Joseph himself may have had sons called Anthony who passed down the family name.

This is a fascinating early will which would be very helpful to a researcher who already knew something of the family.  Anthony  tells us, for example, that he was born in MODBURY so we stand a good chance of identifying him from his baptismal record. If you know anything about this family, please leave a message on the Message Board.  

Here is a speculative family tree based on this will and IGI baptism data.

John WINDEAT m. ELIZABETH 
              |_____________
              |                   
        Anthony WINDYETT
        cd.1613 Modbury
        d. ?
        m. ?1636 Plymouth Mary HEARD
              |_________________________
              |                         |
            Joseph                    Margarett

SUMMARY

This will was both difficult to read because of the handwriting and difficult to understand as it was full of conditions that were themselves conditional on the conditions. A happy day for the lawyers sorting all that out I imagine!.  So this summary may well contain mistakes - you are strongly advised to consult the original image at the PRO for accuracy. 

Name

Relationship

Bequest

Phillip ?TREWATHEN,  Widow tenant twenty shillings
Susannah ?CHALLANGE servant Maid  five pounds of lawfull English money
Margarett WINDYETT daughter 
  • two hundred pounds
  • our featherbeds and Bedstedd with curtaines vallainces rugs pillows blanketts and sheets
  • All and singular the said Messuage Tenement and Courtlage with the appurtenances lying in ?Patrick Street in Plymouth aforesaid (but she has to pay her brother some rent for it - see transcription) 
  • the Messuage and Tenement with the appurtenances lying and being outside the Frankforte Gate near the Horsting  poole in Plymouth

(but with conditions until she is 21 or married)

Joseph WYNDIETT son
  • everything given above to Margaret if she dies before reaching the age of 21
  • ALL and singular my Messuages Houses Gardens Closes Lands Tenements and Hereditaments wherein I now live and all other my Lands ?Tenements and hereditaments whatsoever wherein I have any estate of inheritance in fee simple in possessing remember of other wise lying in Plymouth aforesaid or elsewhere (except what he has already given to his daughter and cousins)
  • All the rest of his estate
  • Constance ?PEARD wife of Robert ?PEARD of Plymouth and 
  • Anne PORSMOUTH wife of Thomas PORSMOUTH in or near London 
Cozens
  • equally between them all my right by the and interest which I have in certain houses and Tenements with the appurtenances lying and being outside the Frankeforte Gate  near the Horseing poole in Plymouth aforesaid (except what he has already given to his daughter)
  • Property conditional upon both his children dying without issue
Thomas LOCK of Plymouth, ?Woosted Comber  Cozen 
  • Property conditional upon both his children dying without issue
?AVANT the wife of Richard ?AVANT of the Town of FOYE in the County of Cornwell Chirurgion Sister-in-Law Mary ?AVANT
  • Property conditional upon both his children dying without issue
  • John LIGHT of Plymouth aforesaid Clothier 
  • Thomas ?COUTH of Plymouth aforesaid Mercer 
  • Nathaniel ?NORROLT of Plymouth aforesaid, Grocer
  •  Joseph WILCOCKS of Plymouth aforesaid Goldsmith and 
  • John HARRIS of Plymouth aforesaid Clothier 
trusty friends 
  • twenty shillings apiece each
  • appointed 'overseers' of the Will and given Trustee rights until his children reach the age of 21 or are married 

TRANSCRIPTION

This transcription has been made from the scanned  image held at the PRO. I have made this very rough transcription and it was difficult to read and probably contains lots of errors.  Check the original for complete accuracy.    I have changed the surnames to uppercase to aid family historians. For a  list of other Wills please go to the WILLS page.

In the Name of God Amen.

I Anthony WINDYETT of Plymouth in the County of Devon Clothier being in good health and of sound and perfect mind and memory thanks be unto Allmighty God for the same but calling to remembrance the uncertainty of this present life and the certainty of death and being willing to settle and dispose of such Estate Goods and Chattells where with God hath been pleased to blesse me in my life time and to _______ [?prevent] all differences and controversies about the same after my decease Do make and ordaine this my last Will and Testament in manner following that is to say Item I commit my soul unto the hands of Allmighty God my Creator and Redeemer And my body to Christian buryall in such decent manner as my Overseers hereafter named shall think fitt Item I give to the poor of Modbury in the said County of Devon being the plavce of my Nativity the sum of Twenty shillings Item I give to the poor of Plymouth aforesaid the sum of forty shillings Item I give to my Tenant Phillip _______ [l?TREWATHEN]  Widow Twenty shillings in case she happen to survive me but not otherwise Item I give to my servant Maid Susannah ______ [?CHALLANGE] the sum of five pounds of lawfull English money to be paid within twelve months after my decease Item I give and bequeath unto my daughter Margarett WINDYETT the sum of two hundred pounds of lawfull money of England to be paid her when and as soon as she shall attaine the age of one and twenty years or be marryed and I give unto her our featherbeds and Bedstedd with curtaines vallainces rugs pillows blanketts and sheets - fully ________ [?performed/perfumed] throughout And above I give devise and bequeath unto my said Daughter Margarett WINDYETT All and singular the said Messuage Tenement and Courtlage with the appurtenances lying in ______ [?Petherick Street] in Plymouth aforesaid which I lately purchased among other things of Michael HOOK Grocer now in the possession of Thomas ______ [?CROOK] Taylor To have and to hold the said Messuage Tenement and Courtlage with the appurtenances unto my said Daughter Margarett and her Assigns immediately from and after my death and decease for and during the term of her naturall life she paying and ____ [?soe] as she doth pay unto my Executor hereafter named her Brother Joseph WINDYETT and his Heirs during her life four shillings yearly at the four quarter dayes _____ [?attyformed] in the years of payment as a high rent or acknowledgment for the same Item I do give devise and bequeath more unto my said Daughter Margarett immediately after my decease the Messuage and Tenement with the appurtenances lying and being outside the Frankforte Gate neare the ______ [?Horseing] poole in Plymouth aforesaid by me lately bought of Mary CROMPTON Spinster now in the possession of John COLE husbandman to have and to hold the same Messuage and Tenement with the appurtenances unto the said Margarett her Executors Administrators and Assigns for and during all the _____ [?estate] and terms which I have therein by Lease or otherwise that shall be then to rent and unexpired And my will and desire further is that if my said Daughter Margarett happen to dye before she reaches to the age of one and twenty yeares or be married that then and in such case I do give and bequeath unto my said son Joseph WYNDIETT all the aforesaid estate goods and chattells which is  mentioned to be and is given unto my said Daughter Margarett WYNDIETT Item I give devise and bequeath unto my Cozens Constance PEARD wife of Robert ?PEARD of Plymouth and Anne PORSMOUTH wife of Thomas PORSMOUTH in or near London equally between them all my right by the and interest which I have in certain houses and Tenements with the apurtenances lying and being outside the Frankforte Gate neare the ______ [?Horseing] poole in Plymouth aforesaid being the Lands of John HARRIS of Plymouth, Esq. except what is formerly given to my Daughter Margarett WINDYETT Item I give devise and bequeath unto my said son Jospeh WINDYETT ALL and singular my Messuages Houses Gardens Closes Lands Tenements and Hereditatments wherein I now live and all other my Lands Tenements and hereditaments whatsoever wherein I have any estate of inheritence in fee simple in possession ______ [?reversion]  remainder or other wise lying in Plymouth aforesaid or elsewhere except which is given unto my said Daughter Margarett WINDYETT and unto my cozens Constance PEARD and Anne PORSMOUTH aforesaid To have and to hold all and singular the said Messuages houses Gardens Closes Lands Tenements and hereditaments aforesaid except as before excepted unto my said sonne [sic] Joseph and the heirs of his body lawfully to be begotten And further all the residue and remainder of my estate goods and chattells whatsoever and wheresoever not before given and bequeathed I do give devise and bequeath unto my said sonne Joseph who I appoint nominate and ordain the full and sole Executor of this my last Will and Testament Item my will and desire is that if my said Executor Joseph WINDYETT happen to dye and depart this life wihout heir or heirs of his body lawfully to be begotten That then and in such case all and singular my said Messuages Houses Gardens Closes Lands Tenements and Hereditaments Goods and Chattells before mentioned and given unto my said sonne shall now remain and be unto my said Daughter Margaret and the Heirs of her body lawfully to be begotten and I do hereby give and devise the same accordingly Item in case both my said sonne and Daughter happen to dye without leaving any heir or heirs in such case I do give devise and bequeath all my right and interest which I have in the aforesaid Tenement lying in _______ [ ?Petherick]  Street above given to my said Daughter unto my Cozen Thomas LOCK of Plymouth aforesaid _______ [?Woosted] Comber and to his heirs forever Item in case both my said sonne and daughter do happen to dye and leaving not heir or heirs of either of their bodys as aforesaid That then and in such case I do give devise and bequeath all of my right and interest in my whole estate before mentioned except the said Tenement in _______ [?Petherick]  Street given unto my Cozen Thomas LOCK aforesaid unto my Sister-in-Law Mary ______ [?AVANT] the wife of Richard ______ [?AVANT] of the Town of FOYE in the County of Cornwell Chirurgion and to my Cozen Constance PEARD wife of Robert PEARD aforesaid joyntly between them equally to be divided and to their heirs forever hereby revoking ______ [?disannulling]  and making void all former or other will or wills and Testament or Testaments by me heretofore made or declared either by or in words or writing and this to be taken for my last Will and Testament only and not other And lastly I do hereby constitute and appoint my trusty friends John LIGHT of Plymouth aforesaid Clothier Thomas ______ [?COUTH or CROUCH] of Plymouth aforesaid Mercer Nathaniel ______ [?NORROLT] of Plymouth aforesaid, Grocer Joseph WILCOCKS of Plymouth aforesaid Goldsmith and John HARRIS of Plymouth aforesaid Clothier to be Overseers of this my last Will and Testament and to see the same duly performed And I do hereby impower and authorize my said Overseers or any three of them and the survivor and survivors of them to have and take the said Legasie of two hundred pounds given as above said unto my said Daughter and what money my said sonne shall have at the time of my decease into their hands and to put out the same at interest for them untill they attaine their respective ages of one and twenty yeares or be marryed and to act and doe any other thing or things as they shall think fitt and convenient for my said Childrens best advantage and benefitt and I do give to each and every of my said Overseers the sum of twenty shillings apiece In witnesse whereof I the said Anthony WINDYETT to this my last Will and Testament which I now publish have sett my hands and seal the nineteenth day of December in the six and thirtieth year of the reign of our Sovereign Lord King Charles the second over England _____ [?a symbol I can't decipher followed by what looks like Anno Dni] One thousand six hundred eighty four.

Antho: WINDYETT

Signed sealed published and delivered by the said Anthony WINDYETT to be his last Will and Testament in the presence of us whose names are underwritten The words Constance being first ____ [?interlyned] John CROSSING 1684 Samuel _____ [?CAUNT] Joseph _____[????????] John WESTLAKE


SECINO septimis die mensis F? Anno? ? septimo ? ? ?? Thomas CROUCH Nathaniel?NORTHROLT Joseph WILCOCKS at Johanni HARRIS Supervisoribus fiduciarijs Testament in Testamento nominatis Anthony WINDYETTT defuncti heutis bona jura et ?dita disti defuncti juxta tenorem et ? TEstamenti ipsino defuncti in usum et benefitimus et durante minori atate Josephi WINDYETT ?M fily et Executoris in disto Testamento de bene et fideliter adnistrand ? ad sancta Dei ? (v? Commissionis) jurat.


NOTES

[14/08/03 - I have now found several documents indexed in the A2A records database under Bewes, Dickinson and Scott, Plymouth, solicitors, Parlby and Arbuthnot Families, Section 10:

These records are held at the Plymouth and West Devon Record Office and may (or may not) cast more light on this family if further inspected.  It would be very interesting to know whether William WINDIATT of Walkhampton was related to Anthony WYNDEATT of Plymouth.

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