Will of John Bowles Wingyett (1842)

© Crown Copyright

Devon Record Office 1078/IRW/W/1072

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 John Bowles WINGYETT of Plymouth in the County of Devon Chemist and Druggist who being at the time of sound and disposing mind memory and understanding do make publish and declare this writing to be and contain my last Will and Testament Firstly I do hereby give devise and bequeath unto my friends Edward OLDREY of Plymouth aforesaid Builder and John FORD of the same place Confectioner and to their Heirs Executors Administrators and Assigns All and Singular the Freehold Messuages or Dwelling Houses Lands Tenements and Hereditaments whether in possession or expectancy and of what nature or kind soever of which I may be seized possessed or entitled to at the time of my death either in my own right or as the Trustee or Mortgagee thereof And also my ready monies and Securities for money Goods Chattels Stock in Trade Credits and personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever To Hold the same unto the said Edward OLDREY and John FORD their Heirs Executors Administrators and Assigns according to the respective Natures and qualities thereof Upon the Trust and for the ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say Upon Trust that they the said Edward OLDREY and John FORD or the Survivor of them or the Trustees or Trustee for the time being of this my Will shall at any time or times after my decease in their or his discretion and by such ways and means as he or they shall approve make Sale of all or any part of my real Estate or raise any Sum or Sums of money thereon by way of Mortgage either in fee or for years or lease the same or any part thereof for any Term not exceeding Seven years at a Rack Rent And also in their like discretion call in and convert into money all and singular my personal Estate and Effects excepting such parts thereof as shall consist of money or Securities for money and stand possessed of the proceeds arising from such Sales Mortgages or Conversions as are hereby ordered and directed And as to the residue of my real and personal Estate and Effects Upon Trust in the first place to pay off and discharge all my just Debts Funeral Expences and the Expences of proving this my Will with and out of the same and to invest the (appears to be a phrase or part of a sentence missing here) the said Trustees shall be possessed under the Trusts of this my Will in Government or real Security in Great Britain with power for the Trustees or Trustee for the time being of this my Will at any time or times during the continuance of the Trusts reposed in them as aforesaid to vary the same in their or his discretion and Subject as aforesaid I do hereby further order and direct that the Trustees or Trustee for the time being of this my Will shall stand seized or possessed of such parts of my real and personal Estate and Effects as shall not have been sold or converted into money And of all Monies arising from the Sale Mortgage or conversion of my real and personal Estate and Effects and the Securities whereon the same are invested as well as the monies and Securities for money of which I shall be possessed at the time of my death Upon Trust for the absolute use and benefit of my dear Sister Ann Bowles WINGYETT her Heirs Executors Administrators and Assigns according to the respective natures and qualities thereof when she the said Ann Bowles WINGYETT shall attain the age of Twenty one years or her previous day of marriage And also that in the mean while the Trustees or Trustee for the time being of this my Will shall in their or his discretion apply the Rents Dividends and several proceeds of my Residuary Estate and Effects either for the maintenance or advantage of the said Ann Bowles WINGYETT or permit the same to accumulate for her own use and benefit when she shall attain her full age of Twenty one years or previous day of Marriage Provided Always and my Will is that the receipt or receipts to be given by the Trustees or Trustee for the time being of this my Will to any person who shall become the purchaser or purchasers of any real or personal Estate which shall be sold by virtue of the Trusts hereinbefore contained for his her or their purchase money or any part thereof or to any person or persons who shall have any of the monies hereby given and bequeathed in their his or her hands upon Securities or otherwise for the same monies or to any person or persons for any other monies which shall become payable and be paid to the said Trustees or Trustee in virtue of their office 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 aforesaid 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 I do hereby further order and direct that in case the said Edward OLDREY and John FORD or any Trustee or Trustees for the time being of this my Will shall die or decline to act in the Trusts aforesaid then that it shall be lawful for the surviving or continuing Trustee or Trustees or the Executors or Administrators of the last surviving Trustee to appoint any person or persons to supply the place of such Trustee so dying or declining to act as aforesaid And that upon every Such appointment the said Trust Estate monies and Premises Shall be conveyed assigned and transferred so and in such manner as that they may vest jointly in my new and old Trustees or solely in the New Trustees as occasion shall require And also that they the said Edward OLDREY and John FORD or the Trustees or Trustee for the time being of this my Will shall not be charged or chargeable with any more of my said Trust monies and premises than they respectively shall actually receive and that one of them shall not be answerable or accountable for the others or other of them but each one for his own Acts receipts neglects or defaults only Nor shall they either or any of them be answerable or accountable for any Banker Broker or other Person with whom the said Trust monies may be invested in pursuance of And in conformity to this my Will or for any other misfortune loss or damage which may happen in the Execution of the aforesaid trusts or otherwise in relation thereto unless the same shall happen by or through their own Wilful defaults respectively and also that they my said Trustees or Trustee for the time being shall and may by and out of the monies which shall come to their respective hands by virtue of the Trusts aforesaid retain to and reimburse himself and themselves and allow to his and their Cotrustees or trustee all losses costs and expences which they or any or either of them shall or may respectively suffer sustain expend or be put unto in or about the Execution of the aforesaid Trusts or in any matter relating thereto And I do hereby nominate constitute and appoint the said Edward OLDREY and John FORD to be the Executors in Trust of this my Will And Lastly I do hereby revoke all former and other Wills by me at any time heretofore made and declare this only to be my last Will and Testament In Witness whereof I the said John Bowles WINGYETT the Testator have to this my last Will and Testament written on three sheets or pieces of paper set my hand and seal in manner following that is to say my hand only to the first and second sheets hereof and my hand and seal on this third and last sheet this Thirteenth day of November One thousand Eight hundred and fortyone

Witnesses John CHALKER of Plymouth, Carrier, and Alfred ROOKER of Plymouth, Solicitor

Proved 21.2.1842 by Edward OLDREY and on 8.3.1842 by John FORD