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Will of John WINDEATT of Bridgetown, Gentleman - 1856

The Will of John WINDEATT of Bridgetown, Berry Pomeroy, Gentleman  
Made: 20th March 1852, Witnesses Robert DOBELL, Robert Coard TUCKER; Clerks to Mr. TUCKER, Solicitor, Ashburton
Proved 19.6.1856 by John Sparke AMERY, James TREHANE and Samuel HANNAFORD
SOURCE: Estate Duty copy of original.  Devon Record Office.

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


FAMILY

This family is the main stem of the Totnes tree.  The main beneficiary, Frances AMERY, was the daughter of Thomas White WINDEATT, Minister and the sister of William Fabyan WINDEATT, solicitor.  She left some memoirs which are a fascinating insight into the family history.  Of her WINDEATT uncles and aunts she says:

"My father was the eldest son of Samuel WINDEATT. He had several brothers and sisters, altogether they were a family of nine. Only however the youngest sister was married beside him. Eliza, she married Mr. TOZER of Bristol, two older sisters and a brother lived to a good old age"

The John WINDEATT who made the Will is, presumably, the brother who "lived to a good old age".

Here is their family tree.  John (who made the will) is on the extreme right and Frances AMERY, the main beneficiary, is on the left.

Fragment of the WINDEATT family tree - Totnes branch

Other Relevant Wills


SUMMARY 

The original Will sets up a trust which is very complex.  I'll attempt a summary when I am feeling stronger! 


TRANSCRIPTION

This transcription has been typed from a photocopy of an Estate Duty copy of the original Will. But please note that I have changed the surnames to uppercase to aid family historians. For a  list of other Wills please click here for the WILLS page.

Transcription kindly provided by Pam Jackson:

This is the last Will and Testament of me John WINDEATT of Bridgetown in the Parish of Berry Pomeroy in the County of Devon Gentleman I give devise and bequeath unto John Sparke AMERY of Ashburton in the said County of Devon Gentleman James TREHANE of Totnes in the said County Chemist and Druggist and Samuel HANNAFORD of Ashburton aforesaid Gentleman All my real and personal Estate Goods Chattels and Effects whatsoever and wheresoever nevertheless To the uses Upon the trusts and for the ends intents and purposes following (that is to say) Upon trust in the first place out of my personal Estate to pay all my just debts and funeral and testamentary expenses and in the next place within twelve months after my decease to pay the following Legacies, namely, to the British Bible Society the sum of Nineteen Pounds and nineteen shillings To the London Missionary Society nineteen Pounds and nineteen shillings To the London Colonial Missionary Society ten Pounds To the Home Missionary Society ten Pounds to the Soldiers and Sailors Bible Society five Pounds To the Monthly Tract Society Red Lion Square five Pounds To the Hibernian Missionary Society ten Pounds To the Sunday Scool Union London five Pounds To the Orphan Scool Haverstock Hill London nineteen pounds and nineteen shillings To the Devon and Exeter Hospital ten pounds To the Western College Plymouth ten pounds To the Religious Tract Society London six pounds To the British Scool Totnes five Pounds To the Committee of the Blanket Society at Totnes and Bridgetown five Pounds To the Lying-in Society of Totnes and Bridgetown five Pounds To the Infant Scool at Totnes Two pounds and two shillings and to the Coal Fund at Bridgetown two pounds and two shlllings To my dear nephew Samuel Robert TOZER the sum of One hundred Pounds To my dear niece Mary Skinner TOZER the sum of Two hundred Pounds To my dear grandnephew William Fabyan WINDEATT the younger the sum of Two hundred Pounds To my dear grandnephew Thomas White WINDEATT in consequence of his delicate health the sum of Three hundred Pounds To my dear grandnephew Edward WINDEATT the sum of Two hundred Pounds and to my dear Grandniece Mary Fabyan WINDEATT the sum of Five hundred Pounds the four last named Legatees being Children of my dear nephew William Fabyan WINDEATT and I charge all the aforesaid Legacies on and make them payable out of the money which forms part of my personal Estate but should that be insufficient then I charge my Dwellinghouse and Premises in Totnes near the Vicarage and my two shares in the West of England Insurance Company hereinafter disposed of with the payment of whatever deficiency there may be to make up such Legacies and hereby authorise and empower my said trustees and the survivors and survivor of them their and his Heirs Executors Administrators and Assigns if necessary for payment of such Legacies or any of them to make sale and absolutely dispose of the said Dwellinghouse and Premises and the said shares and all or any part thereof for all my Estate and Interest therein by public auction or private contract or partly by either for such price or prices as they or he shall think fair and reasonable and to give good and effectual receipts and discharges for the purchase monies thereof respectively And I declare that the purchaser and purchasers thereof respectively after taking such receipt or receipts shall not be obliged to see to the application of his her or their purchase money nor be answerable for the misapplication or non application thereof And as to such of the aforesaid Legatees or any other Legatees under this my Will who shall not at the expiration of twelve calendar months next after my decease have attained the age of twenty one years it is my Will and I hereby declare that my said Trustees and the survivors and survivor of them their and his Executors Administrators and Assigns do and shall pay and apply the interest and annual produce of the Legacy hereby bequeathed to each such Legatee so under age as aforesaid as well as of all additions which may be made thereto in case of the decease of any or either of the others of them under the provisions hereinafter contained on and about and for and towards the maintenance and education of each such Legatee so under age in such manner as my said Trustees shall think proper and most beneficial for such respective Legatees until they shall respectively attain the said age of twenty one years And further that it shall be lawful for my said Trustees and the survivors and survivor of them and the Trustees or Trustee for the time being of this my Will if they in their discretion shall think the same necessary and beneficial for any such Legatees so under age as aforesaid to pay and apply any part not exceeding one half of the whole amount to which each or any of my Grandnephews may be presumptively entitled under this my Will and any part not exceeding One hundred pounds to which my said Grandniece Mary Fabyan WINDEATT may be presumptively entitled as aforesaid in or towards the placing out apprenticing or the advancement or preferment in the world of the Legatee or Legatees respectively to whom such Legacy or Amount shall presumptively belong And it is my Will and I direct my said Trustees as to such part of my personal Estate as consists of money and which may not be required for the purpose of paying any of the aforesaid Legacies at the expiration of twelve months after my decease to continue such money invested on the same security or securities on which it may be at the time of my decease or otherwise to call in all or any part or parts thereof and reinvest the same on Mortgage of real Estate of ample value or in the purchase of any of the Government stocks or funds of this kingdom and so from time to time to call in such part or parts thereof as may be required for payment of any of the aforesaid Legacies or for the purpose of reinvestment and to pay or reinvest the same as may be required or as my said Trustees shall think fit Provided always and it is my Will that in case my said Grandnephews William Fabyan WINDEATT the younger and Edward WINDEATT or either of them shall die under the age of twenty one years without leaving lawful issue then I give and bequeath the Legacy or Legacies hereby bequeathed to the one or both of them so dying unto his or their surviving brothers and sister or brother and sister or only surviving brother or sister equally between them share and share alike if more than one and if but one then the whole to the survivor of them his or her Executors and Administrators Provided also and it is my Will that in case my said Grandnephew Thomas White WINDEATT shall die under the said age of twenty one years without leaving lawful issue then I give and bequeath the sum of One hundred pounds part of the Legacy hereby given to him unto the Children of my dear niece Frances AMERY equally between them share and share alike and the residue of such Legacy I give unto the surviving brothers and sister or brother and sister or only surviving brother or sister of the said Thomas White WINDEATT equally between them if more than one and if but one then the whole to the survivor of them his or her Executors or Administrators And also in case my said Grandniece Mary Fabyan WINDEATT shall die under the said age without leaving lawful issue then I give and bequeath the sum of One hundred Pounds part of the Legacy hereby given to her unto the Children of my said niece Frances AMERY equally between them share and share alike and the residue of such Legacy I give unto the surviving brothers or only surviving brother of the said Mary Fabyan WINDEATT equally between them if more than one their or his Executors or Administrators And as to any money due to me from my said Nephew William Fabyan WINDEATT I forgive him the payment thereof And as to my said Dwelling House and Premises in Totnes aforesaid and the said two shares in the West of England Insurance Company (subject and charged if necessary as aforesaid) And as to All that my Messuage and Lands called Winsors Pitt situate and lying in the Parish of Littlehempston in the said County And all other my Freehold and Leasehold Property whatsoever and wheresoever Upon trust that they the said John Sparke AMERY James TREHANE and Samuel HANNAFORD their Heirs Executors and Administrators do and shall stand seized and possessed thereof To the use of and Upon trust for my said Niece Frances AMERY and her Assigns for her life for her sole use and benefit separate and apart from the said John Sparke AMERY her Husband and so as that the same and the rents and profits thereof shall not be in any way subject or liable to his debts engagements or controul (sic) but be for her own use and benefit as if she were unmarried and from and after the decease of the said Frances AMERY To the use of and upon trust for such person or persons and in such parts shares and proportions and charged and chargeable and generally in such manner and form as my said niece Frances AMERY shall notwithstanding her coverture and as if she were sole and unmarried by any deed or deeds instrument or instruments in writing with or without power of revocation and new appointment or by her last Willl and Testament in writing or any Codicil or Codicils thereto direct limit or appoint give or devise the same respectively or any part or parts thereof And in default of such direction limitation or appointment gift or devise or in case of any such then so far as the same respectively if made shall not extend To the use of and Upon trust for the Heirs Executors or Administrators of the said Frances Amery for ever or for all my Estate and Interest therein according to the nature and tenure of my said Property respectively And as to all my Household Goods and Furniture Plate and all other my personal Estate Chattels and Effects whatsoever and wheresoever not hereinbefore disposed of Upon trust for and I hereby give and bequeath the same unto my said Niece Frances AMERY absolutely Provided always and I declare and it is my Will that in case the said John Sparke AMERY James TREHANE and Samuel HANNAFORD or any or either of them or any other Trustee or Trustees acting under this my Will and to be appointed as hereinafter mentioned shall die go to reside beyond the seas decline or become incapable to act in or wish to be discharged from the trusts herein contained before the same shall be fully performed Then in any of such cases it shall be lawful for the continuing or surviving Trustees or Trustee of this my Will or if there be none such then for the Heirs Executors or Administrators of the last surviving Trustee by any writing under their or his hands and seals or hand and seal (but nevertheless with the consent in writing of my said niece Frances AMERY during her life) to nominate and appoint any other person or persons to be a Trustee or Trustees for the purposes aforesaid in the place and stead of such of the said Trustees as shall so die go beyond the seas to reside decline or become incapable to act in or which to be discharged from the aforesaid Trusts and so from time to time as often as occasion shall require and that when and so often as any new trustee or trustees shall be appointed as aforesaid all my said real and personal Estate and the securities for the same shall be conveyed and assigned to and vested in the surviving or continuing Trustee or Trustees jointly with such new Trustee or Trustees or in such new Trustees only as occasion may require To the uses upon the trusts and for the purposes aforesaid or such of them as shall remain unfulfilled And that such new Trustees shall have the same powers as if they had been respectively originally appointed by this my Will And I declare that the Trustees of this my Will shall be charged and chargeable only for so much money as they or either of them shall actually receive by virtue of the trusts hereby in them reposed And that one of them shall not be answerable or accountable for the others or other of them nor for any involuntary loss And that they respectively and their respective Heirs Executors and Administrators shall and may retain out of the said trust monies and premises all such costs and expenses as they or either of them shall incur expend or be put unto at any time in or about the execution of the trusts hereby in them reposed And I give and devise to the said John Sparke AMERY James TREHANE and Samuel HANNAFORD their Heirs Executors Administrators and Assigns according to the respective natures and qualities thereof All Estates vested in me as Mortgagee or Trustee Nevertheless Upon and subject to the trusts and for the purposes on which I hold the same And I hereby nominate and appoint the said John Sparke AMERY James TREHANE and Samuel HANNAFORD to be joint Executors in trust of this my Will hereby revoking all former and other Wills by me at any time heretofore made and declare this only to be my last Will and Testament In testimony whereof I the said John WINDEATT have to this my Will written on six sheets of paper at the foot hereof and also at the foot of each preceding sheet hereof set my hand this twentieth day of March in the year of our Lord one thousand eight hundred and fifty two

Witnesses Robert DOBELL, Robert Coard TUCKER; Clerks to Mr. TUCKER, Solicitor, Ashburton

Proved 19.6.1856 by John Sparke AMERY, James TREHANE and Samuel HANNAFORD

Author picture These pages are being put together by Sandra Windeatt with a lot of help from many correspondents and in particular 

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