Will of Sarah WINDEATT of Ipswich, Suffolk, Spinster - 1833
The Will Sarah WINDEATT of Ipswich in the County of Suffolk Spinster
Made: 28 October 1828, Witnesses______ Wm. HAMMOND____Margaret SMITH _____Anna P. HAMMOND
PROVED 14th November 1833 with a Codicil by the Revd. Temple CHEVALLIER Clerk and John Chevallier COBBOLD Esqr
SOURCE: PRO copy
For a list of other WINDGEAT (and variants) Wills please go to the WILLS page.
This family is on the main stem of the Totnes tree. Aunt Amery (Samuel's Granddaughter) wrote in 1863:
"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, leaving only one daughter since dead (a Mrs WALLACE) he had however several sisters, one died unmarried [my italics], one a Mrs REEVES, one a Mrs EDWARDS, and the youngest a Mrs BLATCHFORD who went to America with her husband just after the War and had a large family. . . ."
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.?1752 Mary MILFORD? dsp (1734-1806) _________|________________________________________________________ ____________|____________________________________________________ | | | | | | | | | | | Samuel Milford Elizabeth Mary Sarah WINDEATT Alicia Sarah Thomas White Mary Ann Samuel Elizabeth John (1752-1828) m.?REEVES m.?EDWARDS (?1762-1833) m.?1786 (1767-1845) (1769-1827) (1771-?) (1779-1780) (1783-1844) (1784-1856) m.Sophia REED (1754-1814 dsp Samuel BLATCHFORD m.?1803 m.?1817 dsp |_______________ Mary FABYAN John Robert TOZER | | ____________|____________ Samuel Milford Sophia Wilton | | d. 1810 dsp m.?1831 Frances (Aunt Amery) William Fabyan Rev. James Cowden WALLACE
Other wills for this family are:
- Samuel WINDEATT, will proved 1808 - Sarah WINDEATT's uncle
- Samuel Milford WINDEATT's will proved in 1828 - Sarah WINDEATT's brother
- Thomas White WINDEATT, will proved 1833 - Sarah WINDEATT's cousin.
This is a long rambling will which takes a couple of pages to describe a former will made by Richard MILFORD to which Sarah may become a beneficiary if certain conditions are fulfilled. Richard MILFORD was the brother of Sarah's mother Mary MILFORD. We also have a copy of her brother's will and he also makes mention, albeit very briefly, of his expectations from his uncle MILFORD's will. See
- Will of Samuel Milford WINDEATT, proved in 1828 - Sarah's brother
I am curious about why Sarah did not sign the will and only made her mark. According to this web page from The Smoot Family Association making a mark did not necessarily mean that the testator was illiterate. He or she could well have been too ill or frail to sign normally. But illness seems an unlikely reason in this case because there were five years between Sarah making her mark on the original will and doing the same again on the codicil.
This family was comfortably off, their women were usually well educated so it is seems strange that she should be unable even to sign her name. Perhaps she had learning difficulties? This could also have been a reason why she remained unmarried? I notice that the usual protestations of being of a sound mind are not included in this will. And what was she doing in Ipswich? The Chevaliers were, presumably, related to her grandmother's family the EDGECUMBEs?
[Later] There is a death notice for Sarah in The Ipswich Journal on Saturday, November 9, 1833; Issue 4990:
On the 4th inst, died, in St. Clement's, in this town, sincerely regretted, Mrs. Sarah WINDEATT, aged 71 years.
||not specified||All her estate in trust for the two beneficiaries below|
||the two Children of the Reverend Temple Fiske CHEVALLIER late of Ipswich aforesaid Clerk and Sarah his wife both deceased||All her estate|
|John Chevallier COBBOLD of Ipswich in the County of Suffolk Gentleman||friend||Appointed Trustee instead of Richard Edgecumbe CHEVALLIER in a Codicil to the will|
Here is an extract of a family tree which shows the relationships of the legatees and trustees above.
Temple CHEVALLIER m Mary FISKE | _________|______________________________________________________ | | Temple Fiske CHEVALLIER Harriet CHEVALLIER m Sarah EDGCUMBE m John COBBOLD ______|__________________________________ | | | | | | Ellen Susan Emma Temple Richard Edgcumbe John Chevallier CHEVALLIER CHEVALLIER CHEVALLIER CHEVALLIER COBBOLD
Temple CHEVALIER & Richard Edgecumbe CHEVALIIER were the twin sons of Temple Fiske CHEVALLIER and Sarah EDGCUME (1766-1818). They were born at Badingham in Suffolk on 19 Oct 1794. Temple became a professor of mathematics and astronomy at Durham, and has a crater on the moon named after him. Richard Edgcumbe CHEVALLIER became a senior clerk at Pembroke Docks.
This information was kindly supplied by a Chevallier descendant, Denise Wawman. We assume that Sarah WINDEATT was related to the CHEVALLIER's through her grandmother, Sarah EDGECUMBE. The Sarah EDGECUMBE who married Samuel WINDEATT c. 1729 must surely be related to the Sarah EDGECUMBE who married Temple Fiske CHEVALLIER?
People mentioned in the description of Sarah's Uncle MILFORD's Will
|Ann MILFORD||wife of Richard MILFORD|
||Appointed trustees for his daughter|
|Mary KETT the wife of George KETT of Brook in the County of Norfolk Esquire||daughter of Richard MILFORD|
||sisters of Richard MILFORD|
|Samuel MILFORD||brother of Richard MILFORD|
This transcription has been very 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 Sarah WINDEATT of Ipswich in the County of Suffolk Spinster whereas my late Uncle Richard MILFORD late of the City of Plymouth Esquire deceased by his last Will and Testament in writing ?bearing both on or about the twenty eight of January one thousand eight hundred and ?three and only ? and attested or by Law is required for passing real estates (after bequeathing to his wife Ann MILFORD an annuity of one thousand pounds for her life which he hereby ? on all his property and giving several other legacies and bequests ? ? ? ? unto his said Wife and to Samuel HOARE of Lombard Street in the City of London Esquire and Thomas WRIGHT of the said City of London Esquire their Heirs Executors admons and assigns all his real and personal estates whatsoever and wheresoever and estates in mortgage upon trust there? to pay to his daughter Mary KETT the wife of George KETT of Brook in the County of Norfolk Esquire an Annuity or yearly sum of one thousand pounds for her life to and for her separate use ? ? of her said husband and subject ? ? trust to ? all the rents issues and profits of the said trust estates for the term of twenty years to be computed from the day of his the said Testator's death and to place the same out at interest from time to time when ? so as to produce compound interest and at the expiration of that said term of twenty years then as to all the said trust estates and the accumulation thereof In trust for all the children of his said daughter Mary KETT by her said husband George KETT to be born during the said term of twenty years who should attain the age of twenty one yeas except an eldest son equally to be divided between them share and share alike and if there should be no such child of his said daughter Mary KETT who should become intitled to the said trust estates and property then as to ? of the said estates of the said testator as were situate in the Counties of Nottingham and Leicester In trust for such persons and in such manner as the said daughter should by her will direct and appoint and as to such of the said estates of the said testator as were situate in the County of Devon In trust to sell the same And as to all the money arising from such sale and also as to his said estates in the Counties of Nottingham and Leicester in default of any appointment or disposition thereof by this the said testators daughter and as to one moiety of all the residue of his ? and personal estates In trust for the children of his said testators two sisters Mary WINDEATT and Grace TOZER and the issue of such of the same children as should die in his lifetime in the proportions and manner therein expressed and as to the other or remaining moiety of his said real and personal estates not thereinbefore disposed of In trust for all or any of the children or most remote issue of his the said testators brother Samuel MILFORD or of his said sisters Mary WINDEATT and Grace TOZER as his said daughter the said Mary KETT should by Fees or Will appoint and in default of such appointment In trust for all the children of his said Brother and Sisters living at his decease and for the issue of such of them as should die in his lifetime in the manner in the said Will more particularly mentioned and so forth And whereas the said testator soon afterwards departed this life without altering or revoking this said Will and thereupon the same was duly proved by his Executors therein named in the Prerogative Court of the Archbishop of Canterbury As by the said Will and the Probate thereof ?reference being thereunto had will most fully appear and Whereas the said testators daughter Mary KETT and her said husband are both still living but without any issue and whereas I Sarah WINDEATT as out of the children of the said testators sister Mary WINDEATT am entitled to some share or shares vested as well as ?contingent of and in the real and personal estates late of the said testator and of and in the accumulations to be made therefrom under the said Will or of and in some parts thereof in the event of the said testator's daughter dying without issue living to become intitled thereto and without making any an effectual appointment thereof under the said Will and I am also possessed of Bank stock in the four per cent Annuities now standing in my name in the books of the Governor and Company of the Bank of England and of other personal property I do hereby give devise and bequeath all and every part and share parts and shares and interest vested and ? out or executory and present and future of use the said Sarah WINDEATT as out of the children of the said testators Sister Mary WINDEATT or of or to which I now am or by the estate of the said testator's daughter Mary KETT without issue and without having made any such appointment as aforesaid or otherwise I can shall or may be or become seized or possessed of or intitled to under or by virtue of the said ? Will of the said Richard MILFORD deceased of and in the said real and personal estate effects and accumulations by his said Will given devised and bequeathed unto the said Ann MILFORD Samuel HOARE and Thomas WRIGHT their heirs Executors Admons and assigns respectively or any of them Upon the trust therein mentioned and of and from all monies ? Dividends and proceeds or accumulations to arise or be made from the property of the said testator subject as in his said Will is mentioned and also all my stock and monies in the four percent Bank Annuities And all the Rest and Residue of my personal estate and effects whatsoever and wheresoever and of what nature kind or quality soever unto and to the use of the Reverend Temple CHEVALLIER of Cambridge in the County of Cambridge, Clerk and Richard Edgecumbe CHEVALLIER of Brompton in the county of Kent Esquire their Heirs Executors admons and assigns In trust for Emma CHEVALLIER and Ellen Susan CHEVALLIER (the two Children of the Reverend Temple Fiske CHEVALLIER late of Ipswich aforesaid Clerk and Sarah his wife both deceased) to be equally divided between them the said Emma CHEVALLIER and Ellen Susan CHEVALLIER share and share alike as tenants in common and not as joint tenants and I do hereby direct the said Temple CHEVALLIER and Richard Edgecumbe CHEVALLIER and the survivor of them his heirs executors admons and assigns to convey transfer assign or pay the same to the said Emma CHEVALLIER and Ellen Susan CHEVALLIER respectively their respective heirs Executors admons and assigns as soon as conveniently after my decease And I do hereby nominate constitute and appoint the said Temple CHEVALLIER and Richard Edgecumbe CHEVALLIER Executors and Trustees of this my Will and I do hereby direct that my said executors and trustees shall be at liberty from and out of the monies which shall ? their hands by virtue of this my will to retain their respective costs and expenses in executing the trusts hereby in them reposed and that neither of them shall be answerable or accountable for any further or other property that shall come to their hands respectively or be liable for anything except their own willful default or neglect and hereby revoking all former Wills by me at any time heretofore made I declare this to be my last Will and Testament In witness whereof I the said Sarah WINDEATT the Testatrix have to this my Will contained in four sheets of paper set my hand to the last sheet hereof affixed my seal this twenty eight day of October in the year of our Lord one thousand eight hundred and twenty eight ______ The Mark X of Sarah WINDEATT (??) _____Signed sealed published and declared by the said Sarah WINDEATT the testatrix as and for her last Will and Testament in the presence of us whom her ? and at her request in the presence of each other have hereunto subscribed our names as Witnesses______ Wm. HAMMOND____Margaret SMITH _____Anna P. HAMMOND
This is a Codicil to the last Will and Testament of me Sarah WINDEATT of Ipswich in the County of Suffolk Spinster which will bears date the twenty eight day of October one thousand eight hundred and twenty eight by my said Will I have given all my shares and interest in certain real and personal estate therein mentioned and also all my stock and monies and all the residue of my personal estate and effects unto the Reverend Temple CHEVALLIER and Richard Edgecumbe CHEVALLIER their heirs, executors and admons In trust for Emma CHEVALLIER and Ellen Susan CHEVALLIER as therein mentioned and whereas since I made the said will the said Richard Edgecumbe CHEVALLIER hath removed from this part of the Kingdom and is gone to reside at Pembroke and it may be inconvenient to him to act as a Trustee and Executor of my said Will Now I do hereby substitute and appoint my friend John Chevallier COBBOLD of Ipswich in the County of Suffolk Gentleman to be Trustee and Executor of my said Will in the stead and place of the said Richard Edgecumbe CHEVALLIER And I do give devise bequeath all and singular the share and shares real and personal estate effects and accumulations stock monies and residue which by the said Will are given devised or Bequeathed unto the said Temple CHEVALLIER and Richard Edgecumbe CHEVALLIER and all other my real and personal Estate and Effects unto the said Temple CHEVALLIER and John CHEVALLIER COBBOLD instead of the said Temple CHEVALLIER and Richard Edgecumbe CHEVALLIER and to their heirs Executors Admons and assigns In trust nevertheless for the said Emma CHEVALLIER and Ellen Susan CHEVALLIER to be equally divided between them and I declare it to be my will that in case either of them the said Emma CHEVALLIER and Ellen Susan CHEVALLIER shall die during my life leaving lawful issue which shall be living at my decease such issue shall take and be entitled to its parents share to be equally divided between such issue if more than one and if but one child the whole to such child and that if either of them the said Emma CHEVALLIER and Ellen Susan CHEVALLIER shall die during my lifetime and leave no issue which shall be living at my decease that the whole of the estate and effects by my said Will or this Codicil be ? or bequeathed In Trust as aforesaid shall devolve upon to and be in trust for the survivor of the said Emma CHEVALLIER and Ellen Susan CHEVALLIER and her heirs executors admons and assigns and except as hereby altered I confirm my said Will and Declare all powers and provisions therein to be applicable to this Codicil I revoke the appointment of the said Richard Edgecumbe CHEVALLIER as Trustee and Executor of my Will And I appoint the said John Chevallier COBBOLD to be Trustee and Executor thereof and hereof with the said Temple CHEVALLIER In Witness whereof I have hereto set my hand and seal this twenty-sixth day of October one thousand eight hundred and thirty three ____ The Mark X and Seal /LS/ of Sarah WINDEATT ____Signed sealed published and declared by the above named Sarah WINDEATT as a Codicil to her last Will in the presence of us who in her presence and at her request have subscribed our names as Witnesses the words "all my stock and monies and" being first interlined_________M.A.J.COBBOLD ____Sarah COBBOLD____Mary FARTHING
PROVED at London/with a Codicil the 14th November 1833 before the Judge by the Oaths of the Revd. Temple CHEVALLIER Clerk the Executor named in the Will and John Chevallier COBBOLD Esqr the Executor named in the Codicil to whom Admon was granted having been first sworn by ? duly to administer.