Estate Duty Office Will of Elizabeth Windeat (1825)

© Crown Copyright

Devon Record Office 1078/IRW/W/1054

Transcribed by Pam Jackson, provided by Sandra Windeatt

[This transcription has been typed from a photocopy of an Estate Duty copy of the original Will, obtained from the Devon Record Office, and is a copy of that in my Windeatts on the Web pages (partially archived copy), where much more information is available. The surnames have been changed to uppercase to aid family historians.]

This is the last Will and Testament of me Elizabeth WINDEAT of Napaul in the parish of Moretonhampstead in the County of Devon widow In the first place I give and bequeath unto George BRAGG of Moretonhampstead aforesaid Gentleman and Alfred PUDDICOMBEof the same place Surgeon the sum of two hundred pounds of lawful money of Great Britain Upon Trust that they the said George BRAGG and Alfred PUDDICOMBE and the survivor of them and the Executors Administrators or Assigns of such survivor do and shall lay out and invest the said Sum of Two hundred pounds at Interest either in or upon any of the Stocks or Funds of Great Britain or upon real Security in England and do and shall from time to time alter vary and change the Securities in or upon which the said Trust monies shall from time to time be invested either as occasion shall require or as the said George BRAGG and Alfred PUDDICOMBE of or the Survivor of them or the Executors Administrators or Assigns of such Survivor shall think fit And upon further Trust that they the said George BRAGG and Alfred PUDDICOMBE and the Survivor of them and the Executors Administrators or Assigns of such Survivor do and shall retain and take the Dividends Interest and Income of the said Trust monies Stocks Funds and Securities when and as the same shall become due and payable during the natural life of my Daughter Elizabeth PILLER the wife of John PILLER of Moretonhampstead aforesaid Yeoman and stand and be possessed of the same Upon Trust for and for the sole use of the said Elizabeth PILLER my Daughter separate and apart from and exclusive of her present or any future Husband with whom she may intermarry and so and in such manner that the same Dividends Interest and Income may not be under his control or subject or liable to his debts contracts Forfeitures or Engagements and so and in such manner that the receipts of her the said Elizabeth PILLER my Daughter or of any person or persons to whom she may appoint the same dividends Interest and Income when due may be good and effectual discharges for the money which shall be thereby expressed to be received yet nevertheless so that the said Elizabeth PILLER my Daughter may not anticipate charge or assign all or any part of the same Dividents Interest and Income before the same shall become due and payable And from and after the decease of my said Daughter Elizabeth PILLER F- - ? - do and shall pay transfer and assign the said Trust monies Stocks Funds and Securities and the accumulations of the Dividends Interest and Income thereof unto or in Trust for such person or persons and for such ends interests and purposes and in such manner and form parts shares and proportions as the said Elizabeth PILLER as well when covert as Sole and notwithstanding her coverture by her present or any future Husband and either absolutely or with or without power of revocation and new appointment by any Deed or Deeds Instrument or Instruments in Writing under her Hand and Seal to be executed by her in the presence of two or more credible Witnesses and to be attested by the same Witnesses or by her last Will and Testament in writing or any writing in the nature of or purporting to be her last Will and Testament or any Codicil or Codicils thereto to be severally and respectively executed and attested as aforesaid shall direct or appoint and for want of such direction or appointment and in the mean time and until such direction or appointment shall take effect and from time to time subject to such direction or appointment as shall have been made and the Interest which shall have been directed or appointed do and shall stand and be possessed of the same In Trust for the person or persons who at the decease of the said Elizabeth PILLER shall be of her Blood and in Kin to her and who either in his her or their own right or in right of his her or their representation would be entitled to the same under the Statutes for the distribution of the Effects of intestates in case the said Elizabeth PILLER had died Intestate and without being under Coverture and if there shall be more than one such person then to be divided between them in such parts shares and proportions as they would be entitled to the same under the said Statutes and I hereby direct my Executor hereinafter named to pay the said sum of Two hundred pounds to the said George BRAGG and Alfred PUDDICOMBEof or to the Survivor of them or the Executors Adminstrators or Assigns of the Survivor of them at the end of three Calendar months next after my decease And I also give and bequeath unto the said George BRAGG and Alfred PUDDICOMBE one Annuity or clear yearly sum of five pounds of lawful money aforesaid which annuity or yearly sum I direct shall be paid by my Executor hereinafter named for and during the term or time of ten years to commence from my death in case my said Daughter Elizabeth Piller shall so long happen to live or during so much of the said term as she shall happen to live and the said George BRAGG and Alfred PUDDICOMBEof and the Survivor of them and the Executors administrators or assigns of the Survivor of them shall stand and be possessed of the same annuity or yearly sum of five pounds upon the same or the like Trusts and for the same ends interests and purposes in all respects for the benefit of my said Daughter Elizabeth PILLER as are hereinbefore expressed and declared of and concerning the Dividends Interest and Income of the said Sum of Two hundred pounds And I direct that the first payment of the said Annuity or yearly sum of Five pounds shall become due and payable at the end of one year next after my decease And I give and devise unto my son James WINDEATT all those my Messuages Tenements or Dwelling Houses and Hereditaments situate in or near Court Street in the Town of Moretonhampstead aforesaid and now in the occupation of William FROST John PETHYBRIDGE William SOPER and Joan BRIDGMAN as Tenants thereof To hold the same Messuages Tenements or Dwelling Houses and Hereditaments with their and every of their rights members and appurtenances unto my said son James WINDEAT his Heirs Executors administrators and assigns for all my Estate and Interest therein I also give and bequeath unto my said son James WINDEAT the Sum of two Hundred pounds of lawful money aforesaid which said Sum of two hundred pounds I direct shall be paid to him by my Executor hereinafter named at the end of twelve Calendar months next after my decease in case my said son James WINDEAT shall then have attained his age of Twenty one years but in case he shall not then have attained his age of twenty one years then when and as soon as he shall attain that age And subject to and charged with the payment of my just debts funeral and Testamentary expences and also the aforesaid Legacies and Annuity I give devise and bequeath unto my Son John WINDEAT All those two Leasehold Messuages Farms Lands and Premises commonly called or known by the names of Napaul or Naphole and Wooston situate lying and being in the parish of Moretonhampstead aforesaid To hold the same Messuages Farms Lands and premises with their and every of their rights Members and Appurtenances unto my said son John WINDEAT his Executors Administrators and Assigns for all the Estate and Interest I may have therein at my death And I also give and bequeath to my said son John WINDEAT all the rest residue and remainder of my Goods Chattels Rights Credits money and all other my personal Estate and Effects whatsoever and wheresoever And I also give devise and bequeath unto my said son John WINDEAT his Heirs Executors Administrators and Assigns all such Real Estates as are vested in me as a Mortgagee or Trustee according to my rights Title and Interest therein respectively as far as I am interested therein Upon the Trusts and for the ends interests and purposes for which the same respectively are held by me And I hereby declare that the person or persons who from time to time shall or may have all or any part of the said Trust monies Stocks Funds and Securities in his her or their Hands or on Securities to be given by him her or them shall not be obliged or required to see the application or disposition of the same money or any part thereof or the Interest Dividends and annual Income thereof or of any part thereof after payment of the same to the person or persons who for the time being shall be the acting Trustee or Trustees under this my Will nor be answerable or accountable for the misapplication or nonapplication of the same money or any part thereof by him or them And that all and every receipt and receipts which shall be given for the said Trust monies or property or any part thereof or the Interest Dividents and Income of the same or any part thereof by the person or persons who for the time being shall be the acting Trustee or Trustees under this my Will shall be a good effectual and sufficient acquittance and discharge or several good effectual and sufficient acquittances and discharges for all and every sum and sums of money which therein and thereby respectively shall be acknowledged or expressed to be or to have been received Provided always and I hereby declare it to be my will that if my said Trustees or any of them or any future Trustee or Trustees shall die or be desirous of being discharged from the Trusts hereinbefore contained or refuse decline or become incapable to act therein before the same be fully performed Then and in every such case and as often as the same shall happen the surviving or last Trustee or Trustees for the time being or the Executors or Administrators of the surviving Trustee for the time being and as soon as conveniently may be shall by some Writing or writings from time to time nominate and appoint some other person or persons to be a Trustee or Trustees in the stead or place of the Trustee or Trustees so dying or desirous of being discharged or refusing declining or becoming incapable to act as aforesaid And that when and so often as a new Trustee or Trustees shall be so nominated and appointed all the Trust Funds and Securities shall thereupon be assigned and transferred so that the same may be effectually vested in such new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely in the new Trustees as the case may require upon the Trusts hereinbefore expressed and declared concerning the same or such and so many of them as shall be then subsisting and capable of taking effect and then every such Trustee or Trustees shall and may act in the management and execution of the said Trusts as fully and effectually to all intents and purposes whatsoever and with all such powers and authorities as if he or they had been appointed by this my Will Provided also that none of the Trustees hereby appointed or who from time to time shall be appointed by virtue of the provision last hereinbefore contained shall be answerable or accountable for the other or others of them or the acts deeds or defaults of the other or others of them or for involuntary losses or for any money received under Receipts to be given by them and in which they shall join for conformity only and that the said present and future Trustees shall and may reimburse themselves and each other all the Costs Charges and Expences to be incurred in and about the execution of the Trusts hereinbefore declared or in relation thereto And I nominate constitute and appoint my said Son John WINDEAT Sole Executor of this my last Will and Testament And I hereby revoke and annul all and every the Will and Wills Testament and Testaments made by me at any time or times heretofore and declare that this present writing alone contains the whole of my last Will and Testament In Witness whereof I the said Elizabeth WINDEAT have subscribed my name to the four preceding sheets of this my last Will and Testament contained in five sheets of paper and to this the fifth and last sheet thereof have set my hand and Seal this twelfth day of June in the year of our Lord One thousand Eight hundred and twenty four

Witnesses James PITTS junior, James LANG, Elizabeth WRAYFORD

Proved 15.3.1825 by John WINDEAT