Will of John Wingett of West Teignmouth, 1856

© Crown Copyright

National Archives Catalogue Reference: PROB 11/2238

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 WINGETT of West Teignmouth in the County of Devon made and published this sixth day of November one thousand eight hundred and thirty eight First I will and direct that all my just debts funeral and testamentary charges and expenses shall be duly paid and satisfied as soon as possible after my death by my Executors in trust hereinafter named Also I give and devise unto Hugh EVENS of Newton Bushel in the County aforesaid Wine and Spirit Merchant and John CROYDON of Teignmouth Painter and Glazier their heirs executors administrators and assigns all my messuages dwelling houses and premises situated in Lower Brook Street in West Teignmouth aforesaid and the garden in front of the same on the opposite side of the Street there And also all other my messuages and dwelling houses garden lands hereditaments and premises with their appurtenances whether freehold or leasehold situated in West Teignmouth aforesaid or elsewhere in the County of Devon To hold the same unto and to the use of them the said Hugh EVENS and John CROYDON their heirs exe-cutors administrators and assigns Upon trust that they the said Hugh EVENS and John CROYDON or the survivor of them or the heirs executors administrators or assigns of such survivor do and shall immediately after the death of my dear wife Dinah WINGETT or so soon near after as they or he shall think proper or at any time or times during the lifetime of my said wife with her consent in writing make sale and ab-solutely dispose of all and every the aforesaid messuages dwelling houses gardens lands hereditaments and premises with their appurtenances either together or in lots at one or at different times and either by Public auction or private contract as they or he shall think proper and grant release convey or otherwise assure the same were sold unto the pur-chaser or purchasers thereof his her or their heirs executors administrators and assigns or to such person or persons as he she or they shall appoint And upon this further trust to receive the monies arising from such sale or sales and pay apply and dispose of the same in manner hereinafter directed and declared Provided always and my will is and I direct and declare that the purchaser or purchasers of all or any part of my said messuages dwelling houses gardens hereditaments and premises paying his her or their purchase money or monies unto the said Hugh EVENS and John CROYDON or the survivor of them his heirs executors administrators or assigns shall not be obliged to see to the application thereof nor be answerable or accountable for the misapplication or nonapplication thereof or of any part thereof but that all receipts which shall be given for such money shall be good and sufficient discharges for the sum or sums of money which therein or thereby shall be acknowledged to be or to have been received And as to for and concerning the monies to arise by sale of the aforesaid messuages dwelling house gardens hereditaments and premises Upon trust to pay the costs attending such sale or sales and the execution of the trusts of this my Will And then if the said hereditaments and premises shall be sold in the lifetime of my said wife to place the monies arising therefrom out at interest or any security my said trustees or the survivor of them his executors administra-tors or assigns shall think proper and pay the interest thereof to my said wife during her life and after the decease of my said wife Upon trust to retain the sum of three hundred pounds part of the purchase money to arise by sale of the aforesaid premises whether such sale shall take place in the lifetime of my wife or after her death and apply and dispose of the same as hereinafter expressed and declared and subject thereto to pay the residue of the purchase money to arise by sale of the aforesaid premises unto my daughter Mary WINGETT for her own use and benefit And as to the said sum of three hundred pounds directed to be retained by my said trustees out of the purchase money of the aforesaid premises my will is and I hereby direct and declare that they the said Hugh EVENS and John CROYDON or the survivor of them his executors or administrators do and shall stand possessed thereof Upon trust for my three Grandchildren Mary WINGETT John William WINGETT and George James [blank space] WINGETT children of my late son George WINGETT to be equally divided between them share and share alike on their respectively attaining the age of twenty one years Pro-vided also and my will is that during the lifetime of my said wife and until my aforesaid premises shall be sold she my said wife shall receive the rents and profits of or be permitted to occupy and enjoy the whole of the same premises for her own use and benefit she keeping the same in good repair Provided also and I direct and declare that after the decease of my said wife the said Hugh EVENS and John CROYDON or the survivor of them or the executors or administrators of such survivor do and shall place out the said sum of three hundred pounds to be retained by them out of the purchase money of the afore-said premises at interest on such security as they or he shall approve of And as to the sum of one hundred pounds part thereof do and shall pay the same unto my said Granddaughter Mary WINGETT on her attaining the age of twenty one years and apply the interest thereof in the meantime for or towards her maintenance education or bene-fit until she shall attain such age And as to the sum of one hundred pounds other part of the said sum of three hundred pounds do and shall pay the same unto my said Grandson John William WINGETT on his attaining the age of twenty one years and apply the interest thereof in the meantime for or towards his maintenance education or benefit until he shall attain such age And as to the sum of one hund-red pounds the remaining part of the said sum of three hundred pounds do and shall pay the same unto my said Grandson George James [blank space] WINGETT on his attaining the age of twenty one year and apply the interest thereof in the meantime for or towards his main-tenance education or benefit until he shall attain such age Provided also and I authorize and empower my said trustees or trustee for the time being to advance for each of my Grandsons any sum not exceed-ing twenty five pounds out of the money by this my Will provided for them respectively in order to place them out to any trade or business as my said trustees may think proper or expedient Provided also and I declare if all any or either of my said three Grandchildren shall happen to die under the age of twenty one years without issue That my said trustees or trustee for the time being shall pay the portion or sum of money by this my Will provided for them him or her so dying unto my said daughter Mary WINGETT for her own use And I do by this my Will declare that all the household goods and furniture plate linen china books. and other effects in the dwelling house and premises in which I now reside and also in my house at East Teignmouth which is let as a lodging house are the property of my said daughter Mary WINGETT and if I am or should be at my death possessed of any household goods and furniture place linen and china I give the same to my said daughter Mary WINGETT and all my monies and securities for money rents due to me at my death and all other my Personal and testamentary estate and effects of whatever description I give and bequeath unto the said Hugh EVENS and John CROYDON their executors administrators and assigns upon trust thereof to pay all my just debts funeral expenses and costs of proving my Will and subject thereto upon trust for my said wife Dinah WINGETT for her own use But if she should die in my lifetime then upon trust for my said daughter Mary WINGETT for her own use Also I give devise and bequeath unto the said Hugh EVENS and John CROYDON their heirs executors or administrators and assigns all the messuages tenements lands hereditaments and premises which at the time of my decease may be vested in me upon any trusts or by way of mortgage and the legal estate or estates of or in the same To hold the same unto and to the use of the said Hugh EVENS and John CROYDON their heirs executors administrators and assigns according to the nature and quality thereof respectively for the purpose of conveying assigning transferring or disposing of any such mortgage or trust estates as occasion may require And my will further is that my said trustees or either of them shall not be answerable for any loss that may happen to my property unless the same shall happen through their wilful neglect or default nor shall either of them be answerable for the acts receipts or disbursements of the other or them and that they respectively may reimburse themselves all reasonable and necessary costs charges and expenses for loss of time and otherwise And lastly I hereby appoint the said Hugh EVENS and John CROYDON Executors in trust of this my Will And I hereby revoke all former Wills by me made In witness thereof I the above named John WINGETT the testator have to this my last Will and Testament contained on four sheets of paper set my hand and seal namely to the first three sheets thereof my hand and to this fourth and last sheet my hand and seal the day and year first above written - John WINGETT (LS)

Signed sealed published and declared by the above named John WINGETT the testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses - William Lightfoot EVENS - William ADAMS - Mary Ann ALWOOD