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Will of Samuel WINDEATT of Totnes, Gentleman - 1807

Contents of this page:  [Family[Other Wills] [House] [Summary] [Transcription]

The Will Samuel WINDEATT of Totnes in the County of Devon, Gentleman
Made:  02/11/1794, Witnesses: Robert ABRAHAM Junr - Jos CRIBBET - John MATTERFACE
Codicil: 02/01/1801, Witnesses: Robert ABRAHAM Junr - [indecipherable] - John  MATTERFACE
Proved 03/01/1807 by Thomas White WINDEATT
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 on the main stem of the Totnes tree.  Aunt Amery (Samuel's Granddaughter) wrote in 1863: 

My grandmother married young, when about 18, Samuel WINDEATT, second son of Samuel WINDEATT of Bridgetown. The younger sister Juliana died the year after her sister's marriage being aged about 16 . . . My grandmother as being the only child had all the property and after the old lady [Elizabeth WHITE's mother] gave up the business [her husband was a Maltster] she went to live with her daughter where she died, having seen her child's children and my father was called after her husband Thomas White WINDEATT.

The WINDEATTS have been settled in Bridgetown for many years, and had land and houses both freehold and leasehold and were engaged in the Woollen trade. They too were Non-conformists, but not living in a Borough town were not persecuted as those at Totnes. My grandmother's mother was Sarah EDGCOMBE of Edgcombe in Milton Abbot near Tavistock, an old branch of the earl's family; she had three children, the eldest Thomas married a Miss MILFORD of Exeter, whose son Mr Milford WINDEATT lived and died at Bridgetown . . . . The youngest son was my grandfather and the second child was a daughter Hannah who died at an advanced age unmarried . . .

. . . 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. My dear father was brought up to the woollen business, after being well educated, this he disliked wishing to go into the Ministry. After his father's death he retired from the trade and preached in the Chapel at Totnes, and the neighbouring villages with extraordinary usefulness; my dear mother dying early he gave himself more to the work and was untiring in his efforts to do good . . ."

Below is a speculative tree that I have created from the information above, in the Will and other data.  You may need to scroll right to see it all.

               Samuel (1705-1794) m.?1729 Sarah EDGECUMBE (1708-1779)                                Thomas WHITE m. Mary BABBAGE
            ________________________|__________________________________________________________                    |________________________
           |                                               |                                   |                   |                       |
       Thomas (1730-1799)                              Hannah                               Samuel m.?1766 Elizabeth WHITE(1748-1829)   Juliana(?-?1767)
      m.?6/12/1752 Mary MILFORD at Thorverton            dsp                                (1734-1806)              
  _________|_________________________________________________________                    ____________|____________________________________________________
  |                               |           |         |           |                    |           |            |            |           |             |
 Samuel Milford               Elizabeth     Mary      Sarah       Alicia               Sarah     Thomas White    Mary Ann     Samuel     Elizabeth       John
 (1752-1828)                  m.?REEVES   m.?EDWARDS   dsp       m.?1786             (1767-1845)  (1769-1827)    (1771-?)   (1779-1780)  (1783-1844)  (1784-1856)
 m.Sophia REED (1754-1814)                                   Samuel BLATCHFORD                     m.?1803                                 m.?1817       dsp
  |___________________                                                                           Mary FABYAN                        John Robert TOZER 
  |                  |                                                                      ____________|____________                            
Samuel Milford    Sophia Wilton  (Mrs. Wallace)                                     |                       |                        |                      
d. 1810 dsp          m.?1831  dsp                                                   Frances (Aunt Amery)     William Fabyan
               Rev. James Cowden WALLACE                                                            

Other relevant wills:


Samuel WINDEATT Snr's house

There is a house in Bridgetown which is said to be the house of Samuel WINDEATT (this Samuel WINDEATT's father).   Bridgetown is only just across the bridge from Totnes but in a different parish (Berry Pomeroy).


SUMMARY

The original Will sets up a trust and imposes conditions.  The summary below may not accurately reflect the true nature of the Will.  Please check the original image.

Samuel made the will in 1794, which was when his father died and I suppose he had come into some considerable property.  He appears to have provided well for his wife and children but, nevertheless, his son went bankrupt in 1810 (well it is almost certainly him unless we can find another candidate for Thomas Windeatt, woolspinner of Bridgetown, Totnes).  I suppose the future "Minister of the Gospel" was just not suited to business?

I find these wills fascinating . . . how much was usually given to daughters compared to sons?  Why did Samuel make a Codicil changing the trust conditions for his daughter Mary?  Had she and her brother Thomas White fallen out?  Or did her father not trust her (or perhaps a potential suitor) with the lump sum?

Name

Relationship

Bequest

Elizabeth WINDEATT dear wife
  • 20 guineas
  • Annuity of 20 pounds yearly
  • use of all my household Goods and furniture during her lifetime
  • Sarah WINDEATT
  • Mary Ann WINDEATT
daughters Eight hundred pounds each
(NOTE: the Codicil of 1801 changes the terms for Mary Ann who is to be paid annually rather than receive a lump sum).
  • Elizabeth WINDEATT
  • Thomas White WINDEATT
my said wife and my oldest Son one thousand eight hundred pounds in trust for his son John and daughter Elizabeth until they come of age
John WINDEATT son One thousand pounds when he is twenty-one
Elizabeth WINDEATT daughter Eight hundred pounds when she is twenty-one
Thomas WINDEATT Brother  ten Guineas
Hannah WINDEATT Sister   ten Guineas
  • Elizabeth WHITE and 
  • Anna WHITE 
my two Cousins  five Guineas each
Thomas White WINDEATT Eldest son
  • all the rest of his estate
  • appointed executor

TRANSCRIPTION

This transcription has been roughly typed from an image of the will held at the PRO and is the result of a certain amount of guesswork.  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.

This is the last Will and Testament of me Samuel WINDEATT of Totnes in the County of Devon, Gentleman which I publish and declare as follows. I give to my Dear Wife Elizabeth WINDEATT Twenty Guineas to be paid her immediately after my death by my Executor I also give to my said wife and her assigns and ____ [?heir] Annuity of Twenty pounds yearly during her life to be paid by my Executor by equal quarterly payments the first payment thereof to be made at the End of three Calendar Months next after my decease I also give to my said wife the use of all my household Goods and furniture whatsoever during her life and it is my desire that no Inventory be taken thereof and that she shall not be accountable for any damage done thereto nor for the loss of any part thereof I give to each of my two daughters Sarah and Mary Ann WINDEATT Eight hundred pounds of which the sum of fifty pounds to be paid to each of them immediately after my death and one Moiety or half part of the remainder to be paid at the end of one calendar Months and the remaining moiety to be paid them at the end of twelve Calendar Months next after my decease I give and bequeath to my said wife and my oldest Son Thomas White WINDEATT the Sum of one thousand eight hundred pounds upon the trusts and for the purposes hereinafter expressed that is to say upon trust that my said Son Thomas White WINDEATT shall pay the Interest thereof during the minority of my Son John and Daughter Elizabeth at five pounds per ____ [?centage] per Annum and that my trustees and the Survivor of them shall pay and apply such Interest as follows the Interest of one thousand pounds for the maintenance and education of my Son John WINDEATT and the Interest of the remaining eight hundred pounds for the maintenance and Education of my Daughter Elizabeth WINDEATT respectively during their minority and I direct that if my said Son John should have attained the age of twenty one years at my Death then that my said trustees shall pay him immediately the sum of fifty pounds In part of the said Sum of one thousand pounds and that in case they shall pay him at the end of six Calendar Months next after my death one moiety of the remainder of one thousand pounds and and that other moiety at the end of twelve Calendar Months next after my death but if my said son John should not attain the Age of twenty one years within the twelve Months next after my death then the said sum of one thousand pounds to be paid him on his attaining the Age of twenty one years and I impower my said Trustees or the Survivor of them to lay out one hundred pounds part of the that said principal sum of one thousand pounds in placing my said Son John WINDEATT an apprentice to any Trade Business or Profession and I direct that my trustees or the Survivor of them shall pay fifty pounds to my said daughter Elizabeth if she shall have attained the Age of twenty one years or be married immediately after my Death and to pay her in such case one moiety of the remainder of the Eight hundred pounds at the end of six Calendar Months and the remaining moiety at the End of twelve Calendar Months after my Death but if my said Daughter Elizabeth should not have attained the age of Twenty one years or be married at my Death or within twelve Months after then it is my will that the said Sum of Eight hundred pounds intended for her shall be paid on her attaining that age or being married and that the whole of my said Legacies shall be considered vested Legacies when and as my Son shall attain twenty one years of age and my Daughters shall attain twenty one years of age or marry after my Death and if my Son John or any of my Daughters shall die before their Legacies shall become vested then the Legacy of him her or them so dying to go to and be paid to the Survivors of them equally at the same time as his her or their own Legacies shall become payable I give and commit the Guardianship Tuition Care and Education of my youngest Son and Daughter during their minority to my said wife and eldest Son I give my Brother Thomas WINDEATT and to my Sister Hannah WINDEATT ten Guineas each and to my two Cousins Elizabeth WHITE and Anna WHITE five Guineas each the said four last mentioned Legacies to be paid at the end of six months after my death all my Lands and ___ [?] and the residue of my Estate and Effects whatsoever real and personal after my debts Legacies and funeral expenses shall be paid and discharged and ____ [?w? I charge the same?] I give devise and bequeath unto and to the use of my son Thomas White WINDEATT his Heirs Executors and Administrators and do hereby constitute and appoint him sole Executor and residuary Legatee of this my last Will and Testament In witness whereof I have hereunto set my hand and seal this twenty second Day of November one thousand seven hundred and ninety four
Samuel WINDEATT (??)

Signed Sealed Published and Declared by the said Samuel WINDEATT 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 subscribed our Names as Witnesses hereto - Robert ABRAHAM Junr - Joseph CRIBBET - John MATTERFACE

I Samuel WINDEATT
of Totnes in the County of Devon Gentleman do hereby make and publish this as and for a Codicil to my last Will and Testament in manner and form following I revoke the Legacy of Eight hundred pounds given by my Will to my Daughter Mary Ann and in lieu thereof I give to her and her Assigns __________ [inserted word or words which are very small and difficult to read] and Heirs Annuity or yearly Sum of Eighty pounds of lawful British Money to be paid to her by equal quarterly payments by my Executors at Christmas, Lady Day, Midsummer and Michaelmas the first payment to be made on such of the said days as shall first happen after my Death and a proportion of such Annuity for any less than than a quarter of a year to be paid my said daughter or her assigns up to the time of her death the said Annuity to be paid free and clear of all outgoings and deductions whatsoever parliamentary or ____ [of heriot] and I hereby order my Son Thomas White WINDEATT the Executor named in my Will to pay the same accordingly and to secure the same to my said Daughter by his Bond if she shall require it and I direct this to be deemed and taken as a Codicil to and be made part of my will In Witness whereof I have hereto set my hand and seal this second day of January one thousand eight hundred and one.

Samuel WINDEATT (??)

Signed sealed published and delivered be the said Samuel WINDEATT as and for a Codicil to his Will in the presence of us who in his presence and at his request have set our names as Witnesses hereto Robt ABRAHAM Junr ____ [indecipherable]  MATTERFACE

This Will was proved at London with a Codicil on the third Day of January in the year of our Lord one thousand eight hundred and seven 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 oath of Thomas White WINDEATT the Son of the Deceased and the sole Executor named in the said Will to Whom administration was granted of all and singular the Goods Chattels and Codicils of the Deceased having been first sworn by Common Duty to [Administer - crossed through or underlined]

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