Estate Duty Office Will of Will of John Windeat (1824)

© Crown Copyright

Devon Record Office 1078/IRW/W/1058

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 John WINDEAT of North Bovey in the County of Devon Yeoman I give to each of my Daughters Susanna WINDEAT Mary Ann WINDEAT and Elizabeth WINDEAT Two hundred and fifty pounds to be respectively paid to such of them as shall have attained the age of Twenty one years at the end of the Calendar Month next after my Death and to the others of them as if and when they shall respectively attain the age of twenty one years or in their respective days of marriage which shall first happen And if any or either of them should die under the age of twenty one years and unmarried Then the Legacy or Legacies of them or her so dying shall be paid to the Survivors or Survivor or others or other of them who shall live to attain that age or be married equally to be divided between them if more than one and to be paid at their respective ages of twenty one years, and if but one the whole to that one only at her age of twenty one years And if all of them should die under the age of twenty one years and unmarried Then no part of these Legacies are to be payable And I give to my Son William WINDEAT one Hundred and Fifty Pounds to be paid to him if and when he shall attain the age of twenty one years And I give to William PONSFORD of Drewsteignton in the said County Esquire Thomas GRAY the younger of Dunsford in the said County Yeoman and my Wife Mary Ann WINDEAT their Executors Administrators and Assigns during the natural life of my said Son William WINDEAT an Annuity of Five pounds and during the natural life of my Son James WINDEAT an Annuity of Thirty pounds both these Annuities to be free of the Land Tax for the time being and of all other taxes and outgoings whatsoever (except the Legacy Duty) to be paid by four equal portions and quarterly payments on Lady-day, Midsummer day, Michaelmas day and Christmas Day, the first payments thereof to be respectively made on such of these days as shall happen next after my Death And the said Annuity of five pounds is to be payable out of my Messuage and Tenement or Farm called Lower Venn and out of the Houses Buildings Lands Commons and Appurtenances thereto belonging And the said Annuity of thirty pounds is to be payable out of my Messuage Tenement and Lands called Higher Luckdon and Vallacombe and out of the Houses Buildings Commons and Appurtenances thereto belonging And I give and devise all that my Leasehold Messuage Tenement or Dwellinghouse (late James GERMONS) and now in the occupations of Andrew CORNISH and others situate in or near to the Town and within the Parish of North Bovey aforesaid with the Outhouses Buildings Lands and Appurtenances thereto belonging for all my Estate and Interest therein to the said William PONSFORD Thomas GRAY and my said wife their Executors Administrators and Assigns To such Uses upon such Trusts and for such intents and purposes as are herinafter expressed of and concerning the same (that is to say) To the use of the said William PONSFORD Thomas GRAY and my said Wife during the Minority of my said Son William WINDEAT (without Impeachment of Waste except voluntary or negligent waste in Houses and Buildings) and when and if my Son William WINDEAT should attain his age of twenty one years To the use of him his Executors Administrators and Assigns And the said Leasehold premises and Annuities are to be In Trust for them the said William PONSFORD Thomas GRAY and my said Wife and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor during the respective Minorities of my said Sons William WINDEAT and James WINDEAT to pay and apply so much of the clear Rents Issues and Profit of the said Leasehold Premises as they the said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor shall think proper in the repairs and other outgoings thereof and so much of the said clear Rents Issues and Profits and the said respective Annuities as they the said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor shall think fit in or towards and for the maintenance education pocket money and advantage of my said Sons respectively and the putting and binding them Apprentice to such professions trades or businesses as they shall respectively make choice of or otherwise to invest in the public Stocks or Funds or to advance at Interest or other good Security the surplus thereof (if any) and from time to time the whole or any part of the proceeds thereof in the name or names of the said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor and in such Stocks or Funds or on such other good Security as they he or she shall in their his or her discretion approve and from time to time and so often as they he or she shall think fit to call in and receive the same and to place it out again as aforesaid and to transfer assign change and alter the Stock mortgages or other Securities in or upon which the same or any part thereof shall for the time being be laid out or invested and when and if my said Sons should attain their respective ages of twenty one years Then to pay deliver and assign the respective trust money Dividends Interest Rents Issues and Profits produce and premises which shall be in the hands of the said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor and to assign all the Securities on which the same or any part thereof shall be then laid out or invested unto my said Sons respectively or to their respective Executors Administrators or Assigns And I direct that it shall be lawful for the said William PONSFORD Thomas GRAY and my said Wife and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor during the respective Minorities of my said Sons William WINDEAT and James WINDEAT and when and if they should respectively attain the age of twenty one years for them and each of them their and each of their Assigns so often as the said Annuities or either of them or any part thereof shall not be paid as aforesaid into and upon the Premises respectively charged therewith to enter and distrain for the same and for the Arrears thereof (if any) and also for the incidental Costs and Charges and the Cattle Goods and Chattels which may be there found to take away and impound or otherwise thereon to detain and keep and also to sell and dispose of as the Law for the better recovery of Rent directs or allows And subject to the said Annuity of thirty pounds and to the aforesaid remedy for the recovery thereof I give and devise the said Messuage Tenement and Lands called Higher Luckdon and Vallacombe and the Houses Buildings Commons and Appurtenances thereunto respectively belonging to my Son John Windeat his Heirs Executors Administrators and Assigns And I devise All those my my Messuages Tenements and Farm called Middle Luckdon and Lower Passford with the Houses Buildings Lands Commons Rights Members and Appurtenances thereto respectively belonging to my said Son John WINDEAT his Heirs and Assigns for ever And subject to the said Annuity of five pounds and to the aforesaid remedy for recovering the same I devise all those my Messuages Tenements Lands and Hereditaments called Higher Venn and Lower Venn or by whatever name or names the same are commonly called known or distinguished with the Houses Buildings Commons Rights Members and Appurtenances to the same respectively belonging and usually held and enjoyed therewith to my said Son James WINDEAT his Heirs and Assigns for ever And I give and devise All the residue of my Messuages Tenements Lands Hereditaments Goods Chattles Credits real and personal Estate whatsoever (Subject to the payment and discharge of my funeral Expences the Costs of proving this my Will my just Debts and the aforesaid Legacies as aforesaid) unto the said William PONSFORD Thomas GRAY and my said Wife their Executors Administrators and Assigns In Trust for them the said William PONSFORD Thomas GRAY and my said Wife and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor so soon as conveniently may be after my decease to sell and dispose of the same or such parts thereof as they he or she shall think proper and which shall not then consist of ready Money or Securities for Money either by private Contracts or Public Auctions or Surveys or both for the best prices that can or may be reasonably obtained for the same and to collect receive and get in all Sums of Money owing to me at my Death and to pay and apply the Money which shall be arisen by such Sales and be so collected and received as aforesaid with my ready Money at my Decease in manner following (that is to say) to pay and apply so much thereof as they the said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor shall think fit in or towards and for the maintenance education pocket Money and Advantage of my said Daughters until they shall respectively attain the age of twenty one years or be married and in putting and binding them Apprentices to such businesses as they shall respectively make choice of and when and so often during the Minority of my said Son James WINDEAT as they the said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor shall think proper and see a convenient opportunity to invest in the Public Stocks or Funds or to advance at Interest or other good Security any part thereof and from time to time the whole or any part of the increase thereof in the name or names of the said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor and in such Stocks or Funds or on such other good Security as they he or she shall in their his or her discretion approve and from time to time and so often as they he or she shall think fit to call in and receive the same and to place it out again as aforesaid and to transfer assign and change the Stocks Mortgages or other Securities in or upon which the same or any part thereof shall for the time being be laid out or invested And when and if my said Son James WINDEAT should attain his age of twenty one years Then to pay all the said Trust Money Dividends Interest and produce which shall be in the hands of the said Trustees or the Survivors of Survivor of them or the Executors Administrators or Assigns of such Survivor and to deliver over all such effects as may then remain unsold and to assign and transfer all the Securities on which any part of the said Trust Money shall then be laid out or invested unto my said Son James WINDEAT his Executors Administrators and Assigns And during the respective Minorities of my said Sons John WINDEAT and James WINDEAT I desire authorize and empower the said William PONSFORD Thomas GRAY and my said Wife and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor to let or set out at rack Rents all the Hereditaments and Premises hereinbefore given and devised to my said Sons John WINDEAT and James WINDEAT as aforesaid or any part thereof in such way and form and from year to year or for such terms of years not exceeding their respective Minorities as they the said William PONSFORD Thomas GRAY and my said Wife on the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor shall think proper and to demand distrain for recover receive and take the Rents Issues and Profits thereof and to pay and apply such Rents Issues and Profits respectively or so much thereof as they he or she shall think fit in the repairs and other outgoings of the said Hereditaments and premises respectively and to pay and apply so much of the Rents Issues and Profits of the said Hereditaments and Premises hereinbefore given and devised to my said Son John WINDEAT as they he or she shall think fit in or towards and for the maintenance of education pocket Money and advantage of my said Son John WINDEAT and the putting and binding him an Apprentice to such profession trade or business as he shall choose and to invest in the public Stocks or Funds or to advance at Interest or other good Security any part of the said Rents Issues and Profits and from time to time the whole or any part of the increase thereof in the name or names of the said Trustees or the Survivors of Survivor of them or the Executors Adminstrators or Assigns of such Survivor and in such Stocks or Funds or on such other good Security as they he or she shall in their his or her discretion approve and from time to time and so often as they he or she shall think proper to call in and receive the same and to place it out again as aforesaid and to transfer assign change and alter the Stocks Mortgages or other Securities in or upon which the same or any part thereof shall for the time being be laid out or invested and to pay the same with the Accumulations thereof during the respective Minorities of my said Sons John WINDEAT and James WINDEAT to them respectively at their respective ages of twenty one years Provided always and I declare and direct that if my said Son John WINDEAT should die under the age of twenty one years and without having any Issue of his Body lawfully begotten Then the devises hereinbefore contained of my said Messuages Tenements Farms and Lands called Higher Luckdon and Vallacombe and Middle Luckdon and Lower Passford with the Houses Outhouses Buildings Commons Rights Members and Appurtenances thereto respectively belonging to my said Son John WINDEAT is to be void and then and in that case I devise the same Messuages Tenements Farms and Lands with the same Houses Outhouses Buildings Commons Rights Members and Appurtenances to my said son James WINDEAT his Heirs Executors Administrators and Assigns for ever And then and in that case I give to each of my said Daughters the further Sum of One Hundred and fifty pounds to be paid by my said Son James WINDEAT within six Calendar Months next after he shall have attained his age of twenty one years to each of them as shall then have attained the age of twenty one years and to the others of them as if and when they shall respectively attain that age And if it should thus happen Then I devise my said Messuages Tenements Lands and Hereditaments called Higher Venn and Lower Venn with the said Houses Outhouses Buildings Commons Rights Members and Appurtenances to my said son William WINDEAT his Heirs and Assigns for ever And then I give to my said Daughters the further sum of One Hundred Pounds apiece to be paid to them respectively by my said Son William WINDEAT as if and when he shall attain the age of twenty one years Provided also and I further declare and direct That if my said Son James WINDEAT should die under the age of twenty one years and without having any Issue of his Body lawfully begotten Then I give and devise all that is hereinbefore given and devised to my said Son James WINDEAT unto my said Son William WINDEAT his Heirs Executors Administrators and Assigns And then and in that event I give to my said Daughters the further Sum of two hundred pounds apiece to be paid to them respectively by my said Son William WINDEAT as if and when he shall attain the age of twenty one years And I appoint the said William PONSFORD Thomas GRAY and my said Wife the Executors in Trust as aforesaid of this my last Will and Testament and Guardians for all my Children and that they shall have and take the Custody Care and Management of all my said Children and of their real and personal estate property and effects during their respective Minorities And I also declare and direct that the aforesaid Trustees Executors and Guardians and each of them their and each of their Executors Administrators and Assigns shall or lawfully may retain and reimburse to and for themselves himself or herself out of the aforesaid trust Chattels Effects Money Rents Issues Profits Dividends Interest Increase proceeds produce and premises respectively all such Costs Charges Damages and Expences and for all such journies and trouble as they any or either of them shall be put to or necessarily take by means or in respect of all any or either of the trusts executorship or guardianship relating to the same respectively and hereby in them reposed And that they any or either of them shall not be answerable for or chargeable with any more of the aforesaid trust Chattles Effects money Rents Issues Profits Dividends Interest Increase proceeds produce or premises than shall come to their some or one of their hands by virtue of the trusts executorship or guardianship aforesaid nor for any loss or misfortune which may happen in the same or any part thereof by any ways or means whatsoever without their some or one of their misconduct neglect of default nor either for the other of them but each for himself or herself and his or her own Deeds and Receipts only And I revoke all former Wills by me made In Witness whereof I the said John WINDEAT the Testator to each of the first seven sheets of this my last Will and Testament have set my hand and to the eighth or last sheet thereof my hand and seal the twenty fifth day of November in the year of our Lord One thousand eight hundred and twenty three

Witnesses George SHEARS, William BALL, John HARVEY

Proved 19.5.1824 by Mary Ann WINDEAT