Will of Thomas White WINDEATT of Totnes, Minister of the Gospel - 1833
Transcription of the Will of Thomas White WINDEATT of Totnes, Minister of the Gospel
Made 6/08/1827, Proved 19.9.1833. Witnesses: Richard MARSHALL, Henry HEATH, Edward HEATH
SOURCE: Estate Duty copy of original from the Devon Record Office.
Thomas White WINDEATT was an important member of the Totnes tree. His son William Fabyan WINDEATT founded the solictors' firm that still exists today and was also Totnes Workhouse Union Clerk and Superintendent Registrar for the area. His grandson, Edward, was a Town Clerk of Totnes and wrote many local history books. Edward tells us that his grandfather died on August 20, 1827 (see my transcription from the West Country Poets book) so I wonder why it took so long (some five years) for the will to be proved?
Thomas White WINDEATT is also the prime suspect for 'the vandal of Dartmoor' (see my Vandal page). I was really excited to find this Will because I had hoped that he would specifically mention Fox Tor Farm in his bequests and we would then have definite proof that he was indeed 'the vandal'. Unfortunately the Will does not mention any such possession - although it could, perhaps, be included in the phrase "all other my freehold and leasehold Messuages lands tenements and hereditaments whatsoever or wheresoever over which I have any disposing power or control or power of Appointment or disposition under the settlement made previous to my marriage with my late Wife or otherwise howsoever". It is, certainly true that his son, William Fabyan WINDEATT, was possessed of some Dartmoor properties later in the century and it is possible that he may have inherited these from his father along with Fox Tor (see my Vandal page).
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The original Will sets up a trust and is legally complex. The summary below may not accurately reflect the true nature of the Will. Please see the full transcription further down the page or, better still, an original image.
|John WINDEATT||brother||Trustee with William Doidge TAUNTON of all his estate in trust for his daughter and son.|
|William Doidge TAUNTON||cousin||Trustee with John WINDEATT of all his estate in trust for his daughter and son.|
|Frances WINDEATT||daughter||Half his estate|
|William Fabyan WINDEATT||son||Half his estate|
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 Thomas White WINDEATT of Totnes in the County of Devon Minister of the Gospel who being in infirm health but of sound and disposing mind memory and understanding do make and publish the same as follows I will and direct that all my just debts and funeral expenses and the charges of proving this my Will be fully paid and discharged by my Executors in trust hereinafter mentioned And I give devise and bequeath unto my brother John WINDEATT and my cousin William Doidge TAUNTON both of Totnes aforesaid Gentlemen their heirs Executors Administrators and Assigns All that my freehold Messuage Tenement and Farm called Hatchland in the parishes of Dartington and Rattery And also my fields or closes of land in the parish of Berry Pomeroy and my messuage or dwelling house in Totnes aforesaid and my dwelling houses in Bridgetown And all other my freehold and leasehold Messuages lands tenements and hereditaments whatsoever or wheresoever over which I have any disposing power or control or power of Appointment or disposition under the settlement made previous to my marriage with my late Wife or otherwise howsoever (Subject to the Mortgages respectively affecting the same) And all my goods chattels household furniture and personal Estate and Effects of what nature or kind soever with their respective rights members and Appurtenances To have and to hold the said Messuages dwelling houses farms lands tenements and hereditaments (Subject as aforesaid) goods chattels and personal Estate and Effects unto the said John WINDEATT and William Doidge TAUNTON their heirs Executors Administrators and Assigns according to the nature and tenure of the same respectively Upon trust that they the said John WINDEATT and William DOIDGE Taunton or the survivor of them or the heirs Executors Administrators or Assigns of such survivor do and shall when and as soon as they or he shall deem it necessary and convenient sell Mortgage or otherwise dispose of the said several Estates and premises or of any part or parts thereof as to them or him shall appear advisable and expedient and by with and out of the rents issues and profits to arise therefrom in the mean time and by and out of the proceeds of the said sale or sales or Mortgage or by such other ways and means as to them or him shall seem meet to raise deduct and levy such sum or sums of money as shall be sufficient to pay satisfy and discharge my Mortgage and other debts annuities and funeral and testamentary charges and for facilitating such sale or sales Mortgage or Mortgages I declare and direct that the receipt or receipts of the said John WINDEATT and William Doidge TAUNTON or the survivor of them or the Executors Administrators or Assigns of such survivor shall be a sufficient discharge or sufficient discharges for the purchase or Mortgage money agreed to be paid or advanced either by way of purchase or loan for or upon my said several Estates and premises or any part or parts thereof respectively And that the person or persons paying or lending the same shall not be liable to answer for any loss misapplication or nonapplication thereof respectively or to enquire into the Application thereof And I do hereby declare that the said John WINDEATT and William Doidge TAUNTON and the survivor of them and the heirs Executors Administrators of Assigns of such survivor do and shall stand and be possessed of such part of my personal Estate as shall consist of money and of the monies to arise from the Sale or Mortgage of all or any part of my real and leasehold Estate and premises hereinbefore directed to be sold and which may come to their or his hands Upon trust after paying satisfying and discharging all my Mortgages and just debts and funeral and testamentary expenses as before directed to lay out and invest the residue of the said Monies which shall remain after answering the purposes aforesaid in the public funds for ?an sufficient freehold Security And I do hereby declare that the said Trustees or Trustee for the time being shall stand and be possessed of and interested in the said trust Monies and the Stocks funds and Securities in which the same shall be invested and the interest dividends and Annual proceeds thereof Upon trust as to one moiety or half part thereof for the use and benefit and to be paid and transferred to my daughter Frances WINDEATT and as to the remaining moiety or half part thereof Upon trust for the use and benefit of my son William Fabyan WINDEATT and to be paid and transferred to him on his attaining the age of twenty one years And I also declare that before as such sale or sales Mortgage or Mortgages shall be made and perfected that my said trustees and trustee shall stand seized and possessed of the said freehold and leasehold lands tenements and hereditaments so long as the same shall remain unsold And as to such part or parts thereof as shall remain unsold Upon trust to and for the use and benefit of my said daughter and Son and their respective heirs Executors Administrators and Assigns as tenants in Common and not as joint tenants and upon no other trust intent or purpose whatsoever And it is my Will that the said John WINDEATT and William Doidge TAUNTON shall not be answerable the one for the other of them but each for his own acts and deeds only nor responsible for any Banker or Bankers with whom the Monies shall be lodged for safe Custody And that they shall reimburse themselves and himself all costs charges and expenses whatsoever attending or concerning the Trusts hereby in them reposed And I hereby nominate constitute and appoint the said John WINDEATT and William Doidge TAUNTON Executors in Trust of this my last Will and Testament revoking all former and other Wills by me at any time heretofore made And I declare this alone to be my last Will and Testament (appears to be an unnecessary repeat of - - revoking all former and other Wills by me at any time heretofore made And I declare this alone to be my last Will and Testament) In Witness whereof I the said Thomas White WINDEATT the testator have hereunto set my hand and Seal that is to say my hand to the first Sheet and my hand and Seal to the last Sheet hereof this sixth day of August One thousand eight hundred and twenty seven
Witnesses Richard MARSHALL, Henry HEATH, Edward HEATH
Proved 19.9.1833 by John WINDEATT and William Doidge TAUNTON