Estate Duty Office Will of John Windeatt (1826)

© Crown Copyright

Devon Record Office 1078/IRW/W/1059

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 WINDEATT of Bridgetown in the parish of Berry Pomeroy in the County of Devon Tanner which I publish and declare as follows I direct that all my just debts and funeral expenses shall be paid by my Executors hereinafter named as soon as the same can conveniently be done after my decease and that all book debts and other sums of money due to me shall be got in and recovered as soon as possible after my decease and be applied in discharge of my debts and funeral expenses I give devise and bequeath unto Richard KING of Fancy in the parish of Eggbuckland in the said County Esquire and John COLLIER of Plymouth in the said County Esquire All my Tan Yard Messuages tenements lands hereditaments and premises either in possession reversion remainder or expectancy and all my chattels and effects whatsoever and wheresoever To hold the same unto the said Richard KING and John COLLIER their heirs Executors Administrators and Assigns according the nature and qualities of the same Estate and premises Upon trust that the said Richard KING and John COLLIER or the survivor of them his heirs Executors and Administrators do and shall as soon as conveniently after my decease as the same can be done propose and offer to let to my sons John WINDEATT and William Browne WINDEATT either jointly or severally as the said Richard KING and John COLLIER shall think proper my said Tan Yard and stock in trade for such term or number of years and at such rent or annual payment as they the said Richard KING and John COLLIER shall think proper and take such security or securities for payment of such rent and keeping of the stock in trade according to the value which it shall be at the time of my decease as they the said Richard KING and John COLLIER or the survivor of them his Executors or Administrators shall deem right and proper And upon further trust to pay over and apply all such rents as they shall from time to time receive and all other monies estate and effects whatsoever for the use and benefit of my wife Elizabeth WINDEATT and my daughters Caroline WINDEATT and Elizabeth WINDEATT for and during the term of their natural lives provided the said Caroline WINDEATT and Elizabeth WINDEATT remain unmarried but in the event of their being married it is my Will and desire that at their respective marriages they respectively are excluded from all rights and interest under this my Will and then and in that case as soon as my said Wife shall depart this life and the survivor of them my said daughters Caroline WINDEATT and Elizabeth WINDEATT shall die or be married I give and bequeath the whole of my said Messuages tenements lands hereditaments and premises chattels and effects which shall at that time remain undisposed of unto my said sons John WINDEATT and William Browne WINDEATT share and share alike Provided nevertheless and my Will and meaning is that in case my said sons John WINDEATT and William Browne WINDEATT shall not choose to take to rent my said property as before described or they shall both die or become bankrupt I will and direct the said Richard KING and John COLLIER or the survivor of them his Executors or Administrators to make sale of the same or any part thereof if they shall deem it more for the advantage of my said wife and daughters Caroline WINDEATT and Elizabeth Windeatt than to continue the same at an annual rent and to apply the money to arise therefrom in such manner as they shall deem most beneficial for my said wife and daughters Caroline WINDEATT and Elizabeth WINDEATT Provided nevertheless and my Will and meaning further is and I hereby direct and declare that it shall and may be lawful to and for the said Richard KING and John COLLIER or the survivor of them his Executors or Administrators to sink any sum or sums of money which shall come to their hands under this my Will in the purchase of any Annuity or Annuities or otherwise for the use or benefit of my said wife and daughters Caroline WINDEATT and Elizabeth WINDEATT or such of them as they shall think proper without being herafter accountable or answerable to the said John WINDEATT and William Browne WINDEATT for the same or any part thereof Provided always and I hereby expressly declare that the receipt and receipts of the said Richard KING and John COLLIER or the survivor of them his Executors or Adminstrators shall be good value and effectual discharge to all person and persons for all and every sum and sums of money therein expressed to be received and that the said Richard KING and John COLLIER or the survivor of them his Executors or Adminstrators shall not be charged or chargeable with or answerable or accountable for more of the several trust monies and premises aforesaid than they shall actually receive or which shall come to their or his hands by virtue of this my Will nor for any loss which shall happen to the same so as such loss happen without their or his wilful default or neglect nor the one of them for the other of them but each for his own acts deeds and defaults only And also that it shall and may be lawful to and for the said Richard KING and John COLLIER or the survivor of them his Executors or Administrators in the first place by and out of the said trust monies and premises to deduct and reimburse themselves or himself all such loss costs charges and expenses as they or he shall or may bear pay sustain lay out expend or be put unto for or on account or by reason or means of the performance and execution of the trust hereby in them reposed or otherwise incidental thereto And lastly I do hereby nominate constitute and appoint them the said Richard KING and John COLLIER Executors of this my Will Upon trust as aforesaid hereby revoking and making void all Wills by me at any time heretofore made and declaring this to be my last Will and Testament In Witness whereof I the said John WINDEATT the Testator have to this my last Will and Testament contained in four sheets of paper hereunto set my hand and seal this second day of February One thousand eight hundred and twenty five

Witnesses: Samuel Milford WINDEATT, Mary WINDEATT, Harriet WINDEATT

Proved 31.3.1826 by Richard KING and John COLLIER