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Will of Thomas WINDEATT of Tavistock, Woolstapler - 1850

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

Transcription of Thomas WINDEATT of Tavistock of the County of Devon, Woolstapler
Made 11/11/1839 WITNESSES:  Richard GRIBBLE Clerk Tavistock - Elizabeth Philip HARVEY Spinster Tavistock
Proved 14/10/1850 by Elizabeth WINDEATT 
SOURCE: PRO. 

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


FAMILY

This Tavistock family is an offshoot of the Totnes tree. We know this from Aunt Amery's memoirs: 

"Samuel WINDEATT, my grandfather’s father, was the eldest of three brothers, the second went to Tavistock and settled and his descendants are still there". 

The family appear to have been similar to the Totnes branches: in trade and fairly comfortably off, owners of various properties in their locality, staunch non-conformists, subscribers to local literature books and magazines. 

Below is a speculative tree devised from the details in the Will.

                       
                       ?
      _________________|____________________
      |                                    |
  Thomas  m. ?                          Elizabeth
  (?-1850)         (?-?)          
 _____________ |_____________________________________
|              |             |              |
Elizabeth    Thomas        John           Mary
   (?-?)                  (?-?)           (?-?)
m.John BAYLY 

 I am not sure exactly how this family links with the other Tavistock families in this branch.  Other relevant Wills are:

If you have worked out their relationships,  please leave a message on the message board.

[LATER]  Here is a link which may prove fruitful:  PROMINENT PLYMOTHIANS JOHN BAYLY, ROBERT BAYLY and RICHARD BAYLY


SUMMARY

This Will is quite complex and my transcription below is very amateurish so this summary and the transcription are no guarantee of veracity here.

Name

Relationship

Bequest

Elizabeth BALY

(Below are the 1851 census details for a household which is probably the same Elizabeth Bayly - born in Tavistock but now living in Plymouth. But where was her husband on the night of the census?)

dear daughter  my freehold and leasehold messuages lands tenements and hereditaments together with all mining or other ?setts or grants which I may at the time of my decease hold situate in the Parish of Plymstock in the County of Devon
Elizabeth WINDEATT dear Sister 50 pounds per annum during her life
Thomas WINDEATT
John WINDEATT
Mary WINDEATT
Elizabeth BAYLY
my dear Sons and my dear Daughters the Rest Residue and Remainder of my Real and Personal Estate and Effects share and share alike.

From the 1851 Census

Elizabeth BAYLY Wife (Head) M 48 F Solicitors Wife Tavistock-DEV
Marianne BAYLY Daur U 17 F Scholar at Home Plymouth-DEV
Agnes BAYLY Daur U 15 F Scholar at Home Plymouth-DEV
Anna BAYLY Daur - 14 F Scholar at Home Plymouth-DEV
Robert BAYLY Son - 11 M Scholar Plymouth-DEV
Richard BAYLY Son - 10 M Scholar Plymouth-DEV
Elizabeth BAYLY Daur - 8 F Scholar Plymouth-DEV
Martha BALHATCHEL Serv U 38 F Servant Thomas St-CON
Mary STEPHENS Serv U 37 F Servant Horrabridge-DEV
Beatrice COOMBE Serv U 24 F Servant Exeter-DEV
Grace BROWNE Serv U 35 F Servant Trevalga-CON
Address: 1 Burnswick Terrace, Plymouth


TRANSCRIPTION 

This transcription has been typed from a photocopy of the original Will held at the Public Record Office.  But please note that I have changed the surnames to uppercase to aid family historians. For a  list of other Wills please go to the WILLS page.

This is the last Will of me Thomas Windeatt 
of Tavistock in the County of Devon, Woolstapler First I give devise and be-
queath all and singular my freehold and leasehold messuages lands 
tenements and hereditaments together with all mining or other ?setts or 
grants which I may at the time of my decease hold situate in the Parish of
Plymstock in the County of Devon unto my dear daughter Elizabeth BALY,
her heirs executors administrators and assigns together with all limestone
minerals tools implements machinery and effects thereon and all book and
other debts due to me in respect thereof or of any trade or business matters
on by ? thereon subject nevertheless and chargeable with all sum and sums
of money which I may at the time of my decease owe thereon ? ? ?
thereof And I hereby ? that it shall and may be lawful to and for
my said daughter notwithstanding her ? by her last Will and Testa-
ment in writing to give and ? the same But in ? my said daughter
should die in my lifetime then I give devise and bequeath the same respec-
tively subject nevertheless as aforesaid unto and to the use of my Executors 
in trust hereinafter named their heirs executors administrators and assigns 
upon trust for all and every child and children of my said daughter
equally to be divided between them share and share alike as tenants in
common the same to ? vested interests in ? at twenty five and in
daughters at twenty five or marriage and the income applied in the mean-
time for their maintanance and education or to accumulate at the dis-
cretion of my trsustees And I hereby authorise my Trustees to sell exchange
or lease the said hereditaments and premises for the best prices or rents that
can be gotten for the same respectively mining or building leases not to
exceed sixty years and farming leases twenty one years. And I direct my
Trustees to invest any monies they may receive on the sale or on account
Of the said hereditaments and premises estate and effects in the purchase of
any other lands or on Government or real security at interest with power
to alter and vary the same at discretion And the Rest Residue and
Remainder of my Real and Personal Estate and Effects whatsoever and
wheresoever subject and chargeable only with the payment of an annui-
ty of fifty pounds per annum to my Dear Sister Elizabeth WINDEATT during 
her life I give devise and bequeath the same unto my dear Sons Thomas
WINDEATT and John WINDEATT and my dear Daughters Mary WINDEATT and
Elizabeth BAYLY their heirs executors administrators and assigns share and
share alike as tenants in common And in case other of them shall die
in my lifetime having children such children are to stand in the place
of and take the share of his her or their parent And I nominate ?substitute
and appoint my said Sons Thomas WINDEATT and John WINDEATT ?
Daughter Mary WINDEATT and my Son in Law John BAYLY Executors in trust
of this my Will and I ? that their ?scripts shall be sufficient discharge
to any person taking the same and that they shall not be answerable for
cash other or for any involuntary losses provided always that in case
either of my Trustees shall depart this life or ? to act in the execu-
tion of the trusts herein ? it shall be lawful for the surviving or
remaining Trustee or Trustees to appoint new Trustees or additional Trus-
Tees as they may think expedient thereupon the trust estate monies and
securities shall be conveyed and transferred to ? new Trustees jointly 
with the remaining Trustees or solely as occasion may require In testimony
Whereof I have hereunto set my hand and seal this seventh day of 
December one thousand eight hundred and thirty nine. 

Thomas WINDEATT (TS)
signed sealed published and ? by the said testator as ? for his
last ? and Testament in the presence of us who at his request in his
presence and also in the presence of each other subscribe our names as 
witnesses hereunto. Richard GRIBBLE Clerk Tavistock ----------------
Elizabeth Philp HARVEY Spinster Tavistock

Proved at London the 14th day of October 1850 before the Judge by the Oath
of Thomas WINDEATT and John WINDEATT the sons and Mary WINDEATT
Spinster the Daughter and John BALY the Executors to whom Admon
was granted having both first sworn by Commission duly to administer.

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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