Will of James Britnell Wingyett (1842)

© Crown Copyright

Devon Record Office 1078/IRW/W/1071

Transcribed by Pam Jackson, provided by Sandra Windeatt

[This transcription was made from the scanned image held at The National Archives, 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 James Britnell WINGYETT of the Borough of Plymouth in the County of Devon Merchant Whereas I am at present seized in fee of a certain messuage or Dwelling House and Garden situate and being in Portland Square within the Borough of Plymouth aforesaid now in the occupation of Charles FARMER Esquire as Tenant thereof And also of a certain other messuage or Dwelling House in Norley Streeet within the said Borough now in the occupation of - - - - White Straw Bonnet Maker as Tenant thereof And also of another messuage or Dwelling House partly situate in Bilbury Street and partly in Norley Street within the said Borough and which messuage or Dwelling House is now in the possession of Charles SHEPHERD Grocer as Tenant thereof And also of three other messuages or Tenements behind the same situate and being in Chapel Court within the said Borough and now in the several occupations of Charles MADEN William WEBB and - - - - STEADMAN as Tenants thereof And also of two other messuages or Dwelling Houses with the Premises thereto belonging which are adjoining one another and situate in Buckwell Street within the Borough aforesaid and which said messuages or Premises are now in the several occupations of Matthew MADGE Upholsterer and John FORD Confectioner And also of another messuage or Dwelling House being No. 1 in Higher Street within the said Borough and now in the possession of Nathaniel RANDOM as Tenant thereof and also of another messuage or Dwelling House situate and being No. 25 in Ebrington Street within the said Borough now in the occupation of C. HORSWELL as Tenant thereof And also of a certain Store or Warehouse situate on Sutton Wharf in the said Borough and now in the occupation of Messrs. DEVENISH and Company and also of a certain Field or Close of Land called Maudlin Park situate in the Parish of Charles within the said Borough now in the occupation of - - - - DOIDGE as Tenant thereof And whereas I am at present possessed among other things of a Leasehold Interest in a certain messuage or Dwelling House being No. 9 in Water Lane now called Salem Street within the Borough aforesaid which is at present in the occupation of Sundry Tenants And whereas under and by virtue of certain Indentures of Lease appointment and Release bearing date the Sixteenth and Seventeenth days of August one thousand Eight hundred and thirty seven the Indentures of appointment and Release being made between me the said James Britnell WINGYETT of the first part William PEAGAM since deceased of the second part Thomas Jennings BALL and John CHALKER of the third part and Alfred ROOKER of the fourth part the said messuage or Dwelling House and Garden in Portland Square and the said two messuages or Dwelling Houses with the Premises adjoining in Buckwell Street aforesaid together with the said Field or Close of Land called Maudlin Park were appointed and conveyed or otherwise assured unto the said William PEAGAM his heirs and assigns for securing to him the Repayment of the Sum of one thousand and Six hundred Pounds within three years from the day of the date of the said Indenture together with Interest thereon at the rate and in the manner therein more particularly mentioned And whereas I the said James Britnell WINGYETT am desirous of making a further provision for my dear wife Sarah WINGYETT beyond the settlement made upon her previous to her Marriage with me and also of providing for my three Children by my late deceased wife now living that is to say James WINGYETT and John Bowles WINGYETT both of whom have attained their full age of twenty one years and Ann Bowles WINGYETT a Minor Firstly I will order and direct that immediately after my death all my just debts (excepting such only as are secured by Legal or Equitable Charges upon all or any part of the hereditaments and Premises hereinafter specifically given and devised and which are provided for as hereinafter mentioned) and all my funeral and Testamentary Expenses and the Expenses of proving this my Will be paid discharged and satisfied by my Executors hereinafter named and that for these purposes my personal Estate and Effects be considered as the primary Fund Secondly I give and bequeath unto my dear wife Sarah WINGYETT the French Clock which is usually kept on the mantelpiece in my Bed Room also my Grey Parrot and the Cage in which the same is kept and my Diamond Ring two silver Cups one containing a pint and the other half a pint only Together with the Sum of Fifty pounds Sterling which I direct my Executors hereinafter named to pay to my said dear wife within two Calendar Months after my decease Thirdly I give and bequeath unto my Son the said James WINGYETT the Gold Pin which I am in the habit of wearing in my Neckcloth from day to day and my large Silver Gravy Spoon and further I give and bequeath unto the said James WINGYETT his Executors administrators and assigns all that my said Leasehold messuage or Dwelling House Courtilage and Premises situate in Salem Street aforesaid and likewise I give and devise unto the said James WINGYETT his heirs and assigns all that my said Freehold messuage or Dwelling House courtilage and Premises situate and being No. 25 in Ebrington Street aforesaid To hold the same with the appurtenances unto the said James WINGYETT his Heirs and assigns for ever Fourthly I give and bequeath unto my Son the said John Bowles WINGYETT for his own absolute use and benefit the several following Articles that is to say my Watch with the Chain Keys and Seals attached thereto The eleven silver Teaspoons in common use Six Silver desert Spoons also my Cream Ladle Sugar Tongs and Punch Ladle the four Silver Salt Stands with Glasses and the Silver Spoons belonging to the Set Also my Silver Tea Set comprizing a Teapot milk Cup Sugar Basin and Tongs in Silver also the pair of Silver Butter Boats and the Silver milk jug marked G.J.B. and half of all my Table Spoons The Silver Soup ladle also the pair of Candlesticks and snuffer Stand in Silver with the snuffers and savealls to match together with the two Candlestick ornaments belonging to the Set also my plated Spirit Stand with the Spirit bottles and labels to complete the same the Silver mounted small Cruet Stand in common use and two pair of knife Resters Also I give and devise unto the said John Bowles WINGYETT his Heirs and assigns (subject nevertheless to the said life Interest of my Wife the said Sarah WINGYETT therein whether derived under the Settlement made previously to her marriage with me or the provisions of this present Will) all that my said messuage or Dwelling House and Premises with the appurtenances situate in Norley Street aforesaid now in the occupation of Mr. Charles SHEPHERD and others with the three rooms at the Back thereof also the three other messuages or Tenements behind the same situate and being in Chapel Court aforesaid also all That my said messuage or Dwelling House in Norley Street aforesaid now in the occupation of - - - - WHITE as Tenant thereof Also all that my said Freehold Store or Warehouse situate and being on Sutton Wharf aforesaid And lastly all that my said Freehold Field or Close of Land called Maudlin Park within the Parish of Charles aforesaid with the buildings erected thereon To hold the said several messuages or Dwelling Houses Hereditaments and Premises with their and every of their appurtenances (subject as aforesaid) to the said John Bowles WINGYETT his Heirs and assigns for ever Fifthly I give and bequeath unto my Friend Edward OLDREY my Silver Snuff Box as a small Token of remembrance Sixthly I give devise and bequeath unto my Son the said John Bowles WINGYETT and unto my Friend the said Edward OLDREY of Plymouth aforesaid Builder and the said John FORD their Heirs Executors Adminstrators and Assigns according to the respective natures and qualities thereof all the rest residue and remainder of my messuages or Dwelling Houses hereditaments and premises and other my Real Estate if any Also all my ready money monies in the Funds and Securities for money goods Chattels Credits and other my personal Estate and Effects of what nature or kind soever and wheresoever the same may be situate lying and being not hereinbefore specifically given or bequeathed To Hold the same to them the said John Bowles WINGYETT Edward OLDREY and John FORD their Heirs Executors Administrators and Assigns with their appurtenances according to the respective Nature and Qualities thereof Upon the Trusts following that is to say Upon Trust as to a certain policy of Assurance for One Hundred Pounds effected with the Pelican Office on the life of Sampson HAKE to stand possessed of the same and of all monies arising therefrom In Trust for the said James WINGYETT John Bowles WINGYETT and Ann Bowles WINGYETT their Executors Administrators and Assigns in equal Shares and proportions as Tenants in Common and not as joint Tenants But so nevertheless that if either of them the said James WINGYETT John Bowles WINGYETT and Ann Bowles WINGYETT shall neglect or refuse to contribute his or her equal proportion to the premiums on the said Policy during the life time of the said Sampson HAKE then the said policy of Insurance and the monies to become payable in respect of the same shall be held in Trust for the other or others of them who by their Contributions keep the said policy on Foot and as to all those my said two Freehold messuages or Dwelling Houses and Premises situate and being in Buckwell Street aforesaid and also all that my said Freehold messuage or Dwelling House with the Garden adjoining situate and being in Portland Square aforesaid and all that my said messuage or Dwelling House and Premises in Higher Street aforesaid and also the several Articles of Personal property hereinafter mentioned that is to say my Silver Teapot and Stand the large and Small Silver Salvers the Coffee Pot and Cream Jug with three legs the Twelve best Teaspoons the Sugar Sifter Sugar Basket and Tongs Six Teaspoons of the Tealeaf Pattern all which articles are in Silver my two large plated Candlesticks with the Snuffers and Stand the large Set of Silver Crimpers and Stand an embossed pair of Sugar Tongs one half of my Table Spoons also the Pianoforte the model in Alabaster of the leaning Tower of Pisa the Silk Quilt and both Table Cloths and all Ornaments of the person which were worn or used by my late wife Ann WINGYETT so now in my possession and not hereinbefore specifically given and bequeathed I do hereby order and direct that the same shall be held by them the said John Bowles WINGYETT Edward OLDREY and John FORD their heirs Executors Administrators or assigns according to the respective natures and qualities thereof In Trust for the said Ann Bowles WINGYETT her Heirs Executors Administrators and assigns until she shall attain the full age of twenty one years or previous day of marriage and from and immediately after the happening of either of the said Events then I give devise and bequeath the said several messuages or Dwelling Houses and Premises and also the personal Effects (excepting only the said Policy of Insurance hereinbefore given or bequeathed) to or in Trust for the said Ann Bowles WINGYETT her Heirs Executors Administrators or assigns as aforesaid unto the said Ann Bowles WINGYETT her Heirs Executors Administrators and assigns according to the respective Natures and Qualities thereof And as to one equal moiety of and in the said residuary real and personal Estate so given and bequeathed to the said John Bowles WINGYETT Edward OLDREY and John FORD their Heirs Executors Administrators and assigns in manner aforesaid and not previously disposed of as hereinbefore mentioned Now I do hereby order and direct that my said Trustees shall stand seized and possessed of the same and of every part thereof with their and every of their appurtenances uponTrust for the absolute use (Note: repeated phrase 'and with their and every of their appurtenances upon Trust for the absolute use') and benefit of the said John Bowles WINGYETT his Heirs Executors Administrators and Assigns according to the respective Natures and qualities thereof and as to the other moiety thereof upon Trust for my Daughter the said Ann Bowles WINGYETT until she shall attain the full age of twenty one years or be Previously married and from and after the happening of either of the said Events then upon Trust to convey and assign the lastmentioned moiety and every part thereof unto the said Ann Bowles WINGYETT her Heirs Executors Administrators and Assigns to her and their own absolute use and benefit and as to all the real and personal Estate and Effects hereinbefore given and bequeathed to or in Trust for the said Ann Bowles WINGYETT her heirs Executors Administrators and Assigns in case the said Ann Bowles WINGYETT shall depart this life under the age of twenty one years and unmarried then I give and bequeath the same and every part thereof to the said James WINGYETT and John Bowles WINGYETT their Heirs Executors Administrators and Assigns in equal Shares and proportions as Tenants in Common and not as joint Tenants and I do hereby further order and direct that in case the Repayment of any Sum or Sums of money shall be either legally or equitably charged upon all or either of the said messuages of Dwelling Houses Hereditaments and Premises hereinbefore given and devised or intended so to be then and in every such case the Devisee entitled to the same under the provisions of this my Will shall take the Premises charged with the Specific Sum or Sums of money secured thereon whether legally or equitably according to the Relative value of the property so charged with the said debt and Interest and shall contribute a sufficient Sum or Sums of money to relieve my personal Estate from any liability in respect of the Mortgage debt or Interest charged upon the premises so given or devised to him or them as aforesaid and I do hereby authorize and empower the said John Bowles WINGYETT Edward OLDREY and John FORD their Heirs Executors Administrators or Assigns or the Trustee or Trustees for the time being of this my Will to apply such part as they or he shall deem expedient of the Rents Interests Dividends and Annual produce of the Real and personal property hereinbefore given or bequeathed to or in Trust for my said Daughter Ann Bowles WINGYETT in or towards her maintenance or education or otherwise for her Benefit during her minority or until her previous day of marriage and until the happening of either of the said Events I order and direct my said Trustees to accumulate the unapplied annual proceeds of her said Real and personal property and all the accumulations thereof to the capital or the personal property bequeathed to and in Trust for her use and benefit and I do hereby further empower the Trustees of this my Will during the minority or previous discoverture of my Daughter the said Ann Bowles WINGYETT if they shall think it advantageous so to do at any time or times to sell and convert into money all or any part of my Real and personal Estate and Effects so given or bequeathed to or in Trust for my Daughter the said Ann Bowles WINGYETT as aforesaid and convey and assign the same when so sold and converted unto the Purchaser or Purchasers thereof and to stand possessed of the proceeds upon the Trusts hereinbefore declared concerning her personal Estate and Effects and also during such minority or discoverture as aforesaid in their discretion to grant leases of such parts of my real Estates hereinbefore given and devised to or in Trust for the said Ann Bowles WINGYETT as aforesaid as they shall think fit for any Term not exceeding seven years at the best Rents which can be obtained for the same And Lastly I devise all Real Estates vested in me as Trustee or Mortgagee to the said John Bowles WINGYETT Edward OLDREY and John FORD their Heirs and Assigns subject to the equities effecting the same respectively and I do hereby further declare that the Receipt or Receipts to be given by the Trustee or Trustees for the time being of this my Will in execution of the several Trusts hereinbefore declared shall be a sufficient discharge or discharges for so much money as in such Receipt or Receipts shall be expressed to be received and that after taking such Receipt or Receipts the person or persons receiving the same shall not be obliged to see to the application or be answerable or accountable for the misapplication or nonapplication of the same money or any part thereof and Further that it shall be lawful for the said John Bowles WINGYETT Edward OLDREY and John FORD and the Survivor of them and after the decease of such Survivor for the acting Trustees for the time being of this my Will and for the Heirs Executors or Administrators of any Surviving Trustee from time to time as often as there may be any occasion to appoint any person or persons to supply the place of any present or future Trustee or Trustees of this my Will who may die or become unwilling or unable to act in the execution of the aforesaid Trusts before the same shall be fully performed and that upon every such appointment the said Trust Estates both real and personal monies and Effects shall be conveyed assigned and transferred to and in such manner as that they may vest jointly in any new and old Trustees or solely in the New Trustees as occasion may require and that the said New Trustees shall be entitled to all such powers and authorities as are hereby reposed in my present Trustees And also that the said Trustees hereby appointed and also the Trustees to be appointed by virtue of the provisions lately hereinbefore contained severally and respectively and their several and respective Heirs Executors and Administrators shall be charged and chargeable with such Sums only as the said Trustees respectively shall actually receive by virtue of the Trusts hereby reposed in them and notwithstanding their joining in signing any receipt or Receipts or doing any other Act for the sake of conformity and that they or any of them shall not be answerable or accountable for any misfortune Loss or damage which may happen in the execution of the aforesaid Trusts or in relation thereto except the same shall happen by or through his her or their own wilful act default or neglect and in that case such person alone shall be answerable for his own act neglect or default Provided also that it shall be lawful for the said Trustees hereby named and such future Trustee or Trustees to be appointed as aforesaid respectively and their several and respective Heirs Executors and Administrators by and out of the Monies which shall come to their hands by virtue of the Trusts aforesaid to receive retain and reimburse for themselves and also to allow to each other all Costs Charges Damages and Expenses and fees to Counsels for advice which they or any of them may sustain disburse or incur in or about the execution of the aforesaid Trusts or in relation thereto And I appoint my said Trustees to be Executors in Trust of this my Will for the general purposes aforesaid And lastly I do hereby revoke and make void all former Wills and Codicils by me at any time heretofore made and declare this to be my last Will and Testament In Witness whereof I the said James Britnell WINGYETT the Testator have to this my last Will and Testament written on eight sheets of paper set my hand and Seal in manner following that is to say my hand only to the first seven sheets and my Hand and Seal to this Eighth and last sheet thereof this Seventeenth day of March one Thousand Eight hundred and forty one

Witnesses: Alfred ROOKER of Plymouth, Solicitor; Courtenay Prance, his Clerk

Proved 21.2.1842 by Edward Oldrey and on 8.3.1842 by John Ford