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Help and advice for Buckfastleigh, Will of William Waycott (1843)

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Will of William Waycott (1843)

Devon Record Office - 1078/IRW/W/321

Transcribed by Maureen Kenchington

 

For the Stamp Office

Copy of the Will of William Waycott late of Buckfastleigh Devon Timber Merchant deceased

Extrix and Exors Mary Waycott of Castle Cary Somerset Widow,
William Underhill of Ashburton Miller [NB husband of his sister Philippa]
and John Damerell Sawdye of Ashburton Yeoman [NB no known connection]

Proved in the Archdeacons Court of Totnes 21 Nov 1843

Effects sworn under £1500

The within and foregoing writing contains a true copy of the original Will of William Waycott late of Buckfastleigh Devon Timber Merchant deceased the same having been carefully examined by us

W Hannaford
Wm B Hannaford

Clerks to Geo Farwell Dy Reg of the Archdeacon's Court of Totnes

Affidavit for Executors

Appeared personally

Mary Waycott of Castle Carey in the County of Somerset Widow, William Underhill of Ashburton in the County of Devon Miller, and John Damerell Sawdye of Ashburton aforesaid Yeoman the executrix and executors named in the last Will and Testament of William Waycott late of Buckfastleigh in thesaid Coutny of Devon Timber Merchant who died on the 9th day of May 1843 and made oath that they have made diligent search and due enquiry after and in respect of the Personal Estate and Effects of the said Deceased, in order to ascertain the full amount and value thereof; and that to the best of their knowledge, information and belief, the whole of the Goods, Chattles, and Credits of which the said Deceased died possessed, within the Archdeaconry of Totnes and Province of Canterbury (exclusive of what the Deceased may have been possessed of, or intitled to as a Trustee for any other Person or Persons, and not beneficially, but including the Leasehold Estates for years of the Deceased, whether absolute or determinable on Lives, and without deducting any thing on account of the Debts due and owing from the Deceased), are under the Value of fifteen hundred pounds And these Deponents further sy that the said Deceased had no Personal Estate and Effects at the time of his Decease within the Province of York to which they these Deponents need to Administer

Sworn on the 21st      
Day of November
1843 before me
Mary Waycott
William Underhill
John Damerell Sawdye

J B Thornton Surrogate

This is the Last Will and Testament of William Waycott of Buckfastleigh in the County of Devon Timber Merchant I give and bequeath to my Son Richard Waycott the Sum of Five Hundred Pounds and to my Daughter Caroline Waycott the Sum of Three Hundred Pounds to be paid to them respectively on my Son Henry Waycott attaining his age of Twenty one years with Interest in the meantime at the rate of Four Pounds per centum per annum But in case either of them dies previous to their attaining the Age of Twenty one Years without having any Child or Children then I direct that the Legacy of him or her so dying shall be equally divided between my surviving children (except my Son William Waycott) but in case there shall be any Child or Children then I direct that each Child or Children shall be entitled to his or her Father or Mother's Share I give and bequeath unto my dear Wife Mary Waycott for her life in case she so long remains my Widow but not otherwise one clear Annuity or Yearly Rent Charge of Fourteen Pounds to be paid her by equal quarterly payments from my decease And I give and bequeath unto my Son William Waycott one clear annuity or yearly rent of Fifteen Five Pounds to be paid him by equal quarterly payments during his life from my decease and not to be anticipated by him either by sale mortgage or otherwise howsoever or become available in any respect if he becomes Insolvent for the Benefit of his Creditors and in case either of such Events happening I hereby direct that my said Son shall forfeit and lose all right and benefit to such Annuity and I give and bequeath the same during his life to my said Children Richard Waycott and Caroline Waycott and I direct that all my Messuages Lands and Premises shall stand charged and chargeable with the payment of the said Annuities and Legacies and in case the said Annuities or either of them or any part thereof respectively shall at any time be in arrear for the space of Thirty days after the said becomes due they shall be at liberty respectively to enter upon any Part of the said Premises and distrain for the same with all Costs and Charges incurred thereby in like manner as in cases of Rent in arrear I also give to my dear wife my best bed performed and one article of every description of Furniture she may choose I give devise and bequeath all my Property of every description whatsoever real as well as performed unto William Underhill and John Damerell Sawdye of Ashburton in the said County and to my said Wife during her Widowhood only and to their Heirs Exors and Admons according to the respective Natures and Qualities of such Property upon Trust that they or the survivor of them his heirs exors and admons shall during the minority of my Son Henry Waycott receive and take the Rent Income and Profits arising therefrom and pay and apply the same in and towards payment of the Interest on the Legacies aforesaid and the said Annuities and in and towards the maintenance education and advancement of my said Son Henry Waycott during his minority as my said Trustees or the Survivors or Survivor of them shall in their his or her discretion think proper and as soon as my said son shall attain his age of Twenty one years then I give devise and bequeath all and singular the property and effects as aforesaid (subject nevertheless and chargeable as aforesaid) unto and to the use of my said Henry Waycott his heirs exors and admons But if my said son shall die previous to attaining his age of Twenty one years I give and bequeath all the said Property and Effects (still subject and chargeable as aforesaid) unto my children Richard Waycott and Caroline Waycott equally between them as Tenants in Common and to their respective heirs exors and admons I appoint my said wife (during her widowhood only) and the said William Underhill and John Damerell Sawdye Guardians of my said children during their minority and Executors in Trust of my said will Provided also and it is hereby declare that the receipt of the said William Underhill and John Damerell Sawdye and my said wife during her minority widowhood and the survivor of them his or her representatives shall be a good discharge for all monies which in such receipt shall be expressed to be received and that all persons paying any Monies to the said the said William Underhill and John Damerell Sawdye and my said wife during her widowhood or the survivor of them or their his or her representatives for the purposes of this my will and taking any receipt from him her or them accordingly shall not be obliged to see to the further application of the said Monies nor be accountable for the misapplication thereof And that the said William Underhill and John Damerell Sawdye and my said wife or either of them shall not be answerable for the other of them or for the acts deeds or defaults of the other of them nor for involuntary Losses nor for monies received under receipts in which they should join only for conformity And that they shall and may reimburse themselves and each other out of the said Trust Premises or out of any monies that may come into their hands by virtue of these presents all Costs and Expenses to be incurred by them in the execution of the Trust aforesaid or anywise relating thereunto In Witness whereof I have hereunto set my Hand this tenth day of December One thousand eight hundred and forty one

Willm Waycott

Signed by the said William Waycott in the presence of us who have signed our names in the presence of each other the Annuity to his Son William Waycott being first altered from Fifteen Pounds to Five Pounds

[Unreadable signatures]