Thomas Windeatt of Tavistock, Woolstapler - 1850

© Crown Copyright

National Archives Catalogue Reference: PROB 11/2121

Transcribed by Sandra Windeatt

[This transcription has been 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. I have made this very rough transcription and it was difficult to read and probably contains lots of errors. Check the original for complete accuracy. I have changed the surnames to uppercase to aid family historians.]

This is the last Will of me Thomas Windeatt of Tavistock in the County of Devon, Woolstapler First I give devise and bequeath all and singular my freehold and leasehold messuages lands tenements and hereditaments together with all mining or other ?setts or grants which I may at the time of my decease hold situate in the Parish of Plymstock in the County of Devon unto my dear daughter Elizabeth BALY, her heirs executors administrators and assigns together with all limestone minerals tools implements machinery and effects thereon and all book and other debts due to me in respect thereof or of any trade or business matters on by ? thereon subject nevertheless and chargeable with all sum and sums of money which I may at the time of my decease owe thereon ? ? ? thereof And I hereby ? that it shall and may be lawful to and for my said daughter notwithstanding her ? by her last Will and Testament in writing to give and ? the same But in ? my said daughter should die in my lifetime then I give devise and bequeath the same respectively subject nevertheless as aforesaid unto and to the use of my Executors in trust hereinafter named their heirs executors administrators and assigns upon trust for all and every child and children of my said daughter equally to be divided between them share and share alike as tenants in common the same to ? vested interests in ? at twenty five and in daughters at twenty five or marriage and the income applied in the meantime for their maintanance and education or to accumulate at the discretion of my trsustees And I hereby authorise my Trustees to sell exchange or lease the said hereditaments and premises for the best prices or rents that can be gotten for the same respectively mining or building leases not to exceed sixty years and farming leases twenty one years. And I direct my Trustees to invest any monies they may receive on the sale or on account Of the said hereditaments and premises estate and effects in the purchase of any other lands or on Government or real security at interest with power to alter and vary the same at discretion And the Rest Residue and Remainder of my Real and Personal Estate and Effects whatsoever and wheresoever subject and chargeable only with the payment of an annuity of fifty pounds per annum to my Dear Sister Elizabeth WINDEATT during her life I give devise and bequeath the same unto my dear Sons Thomas WINDEATT and John WINDEATT and my dear Daughters Mary WINDEATT and Elizabeth BAYLY their heirs executors administrators and assigns share and share alike as tenants in common And in case other of them shall die in my lifetime having children such children are to stand in the place of and take the share of his her or their parent And I nominate ?substitute and appoint my said Sons Thomas WINDEATT and John WINDEATT ? Daughter Mary WINDEATT and my Son in Law John BAYLY Executors in trust of this my Will and I ? that their ?scripts shall be sufficient discharge to any person taking the same and that they shall not be answerable for cash other or for any involuntary losses provided always that in case either of my Trustees shall depart this life or ? to act in the execution of the trusts herein ? it shall be lawful for the surviving or remaining Trustee or Trustees to appoint new Trustees or additional Trustees as they may think expedient thereupon the trust estate monies and securities shall be conveyed and transferred to ? new Trustees jointly with the remaining Trustees or solely as occasion may require In testimony Whereof I have hereunto set my hand and seal this seventh day of December one thousand eight hundred and thirty nine.

Thomas WINDEATT (TS) signed sealed published and ? by the said testator as ? for his last ? and Testament in the presence of us who at his request in his presence and also in the presence of each other subscribe our names as witnesses hereunto. Richard GRIBBLE Clerk Tavistock ---------------- Elizabeth Philp HARVEY Spinster Tavistock

Proved at London the 14th day of October 1850 before the Judge by the Oath of Thomas WINDEATT and John WINDEATT the sons and Mary WINDEATT Spinster the Daughter and John BALY the Executors to whom Admon was granted having both first sworn by Commission duly to administer.