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Will of Elizabeth WINDEATT of Tavistock, Wife - 1766

Contents of this page:  [Family] [About Marriage Settlements] [Summary] [Notes] [Transcription] 

Transcription of the Will of Elizabeth WINDEATT wife of Thomas WINDEATT of the Borough of Tavistock in the County of Devon Fellmonger
Made 18/06/1764 Sworn 20/10/1766 by John SCOBLE 
SOURCE: Scanned image of will held at PRO. 

For a  list of other WINDGEAT (and variants) Wills please go to the WILLS page.

QUESTION:  Why is this will unusual?
ANSWER:     See below?

FAMILY

This Tavistock family is an offshoot of the Totnes tree. We know this from Aunt Amery's memoirs: 

"Samuel WINDEATT, my grandfather’s father, was the eldest of three brothers, the second went to Tavistock and settled and his descendants are still there". 

The second brother who "went to Tavistock" was almost certainly Thomas WINDEATT, Elizabeth's husband.  His first wife was Agnes.  Agnes had at least seven children, only three of whom were surviving in 1764 when Elizabeth made her will.  From the tone of her bequest for the eldest son, Jonathan, it seems as though he may have been sickly or handicapped in some way.   He died unmarried in 1797.  

The  family appear to have been similar to the Totnes branches: in trade and fairly comfortably off, staunch non-conformists, subscribers to local literature books and magazines.  Elizabeth (whose original family name may have been CAUNTER) had lots of relatives and friends to whom she wanted to leave her considerable goods and chattels so this will should prove a rich source of relationship networks for anyone researching this family.  

But It is not easy to work out the relationships in this branch because there were a lot of cousin marriages - BAYLYs, PARSONs, MILFORDs abound and it is difficult to sort them all out.  However, below is a very speculative fragment of a tree from the limited data we have in the will, the IGI and from a transcription of memorial inscriptions at the Abbey Chapel Presbyterian Church in Tavistock. 

 
 Thomas WINDEATT m. (1)?1728 Agnes ?
 (1707-1775)     |    
                 | m.(2)12/9/1763 Elizabeth BRABANT ?formerly PARSONS ?formerly CAUNTER (?-/)
                 |
     ____________|_________________________________________________________________________
    |            |           |           |             |           |           |           |
  Jonathan      Mary        Samuel      Christian     Agnes      Christian    Thomas       Agnes
 (1729-1797) (1731-1760)  (1734-1736)  (1736-1737) (1737-1740)  (1739-1742) (1741-?1820)  (174?-?)
                                                                            m. ? Mary ?   m. 1769 Richard EDGECOMBE
                                                                                |

Please leave a message on the message board if you have any information about this family.

MARRIAGE SETTLEMENTS

This will is unusual as wills go because it was made by a "wife".  Apparently, this only happened if there was a marriage settlement that allowed the wife some financial independence, see

And, indeed,  Elizabeth states that she has made this will  "in Consequence and by Virtue of a power reserved in my Settlement made on my Marriage". 

The A2A indexes a marriage settlement made by this family. I am not sure to which marriage it refers because there were a few marriages between BAYLYs and WINDEATTs around this time but the document will doubtless cast some light on the relationships if examined:

Bayly-Bartlett Papers, Catalogue Ref. 242
Creator(s):

Marriage Settlements

FILE [no title] - ref. 242/9/4 - date: 1738
[from Scope and Content] 2 Samuel Wyndeat of Totness, felmonger and Thomas Wyndeat of Tavistock,

Link:  http://www.a2a.pro.gov.uk/search/docframe.asp?i=2&stylesheet=xsl\A2A_com.xsl&com=1

The papers are held at the Plymouth and West Devon Record Office.

SUMMARY

This will has been roughly transcribed by myself so the provisions below may not be at all accurate.  The bequests were numerous and very detailed so rather than produce a summary almost as lengthy as the transcription I have just detailed the beneficiaries and the named relationships and ignored the bequests on this page.  But they are definitely worth a read and lead me to believe she had been married before, first to Mary PARSON's father, who had given her a wedding ring and to a Mr BRABANT who had also given her wedding ring.  John BRABANT's will proved in 1753 is also available on the PRO site and reveals that his wife was an Elizabeth and he names his cousin as John BAILY so it seems fairly certain that she had previously been married to this same John BRABANT and the IGI notes a marriage between Thomas WINDEATT and Elizabeth BRABANT in 1763 - less than a year before she was "sick and weak" enough to make  this will. 

Name

Relationship
Thomas WINDEATT Husband
Mary MILFORD Husband's sister
Jonathan WINDEATT Husband's son
Thomas WINDEATT Husband's son
Agnes WINDEATT Husband's daughter
Mary PARSONS and
Ann PARSONS and
five other daughters		 Wife and daughters of Thomas PARSONS of Tavistock Clothier 
Relationship not specified
Elizabeth WILLS of Topsham Widow my Cousin
Mary BURGESS of Topsham Widow and 
her Daughter Mary 
her Son Richard 
her Daughter Frances 		 my Cousin
her daughters and son
Benjamin FOLLOTT of Topsham and 
his wife Dorothy FOLLOT
his Son Benjamin and 
his Daughter Mary FOLLOTT 		 my Cousins, their son and daughters
John BRABANT BAYLY  my Cousin, Son of my Cousin John BAYLY of Plymouth Ship Chandler
Mary Wife of the said John BAYLY  my Cousin 
Robert and Richard BAYLY  sons of my said Cousin John BAYLY
Susanna BROWNE of Mortonhamptsed Widow  my Cousin 
Mary Furze EVANS of Topsham my cousin
John CAUNTER  Son of my Brother Robert CAUNTER
Elizabeth CAUNTER of Crediton  my Niece 
Elias STOBLE late of Modbury but now of London Taylor  my Cousin 
Phillipa STOBLE Wife of my said Cousin John STOBLE 
Susanna PATHYBRIDGE of Moretonhampsted and her father Edward PATHYBRIDGE - not specified - 
Mrs. Mary UPCOTT of Topsham Widow - not specified - 
Elizabeth SEARLE Daughter of my Cousin John EVANS  my Cousin 
Mary Furze EVANS my said Cousin
Mrs Townsend Potter of Plymouth - not specified - 
Mrs HOOKEY of POOL  my Sister in Law 
Honour ? of Plymouth Widow  my Cousin
Humphry SAVERY of Stowford Esquire and 
his Sister Miss SAVERY		 - not specified - 
Mrs. PAWLING and 
Miss Mary AVANT OF Modbury		 - not specified - 


NOTES on some of the People mentioned above:

Mary BURGESS of Topsham, widow. 
Mary BURGESS, formerly Mary RUNDLE,  had married Capt. Richard BURGESS in 1752 in Topsham.    They had  three children: Mary (b.1752), Richard (b.1754) and Frances.   Richard BURGESS had three sisters: Dorothy, Honor and Mary.  Elizabeth WINDEATT calls them her cousins and left both Dorothy and Mary bequests in the will under their married names of FOLLETT and BAYLY.
Benjamin FOLLOTT of Topsham
Benjamin FOLLETT was the brother-in-law of the Mary BURGESS named immediately above because he had married her late husband's sister, Dorothy BURGESS.
Mary Wife of the said John BAYLY
Mary BAYLY was previously Mary BURGESS and the third sister of Richard BURGESS.  She married John BAYLY, Ship Chandler,  in 1755 in Topsham.

This information has been kindly supplied by a relative.  The exact nature of the cousin relationship of these three siblings and Elizabeth WINDEATT is unclear at present but they were obviously all close friends.

TRANSCRIPTION 

This transcription has been typed from a scanned image of the will held at the PRO.  But please note that I have changed the surnames to uppercase to aid family historians. For a  list of other Wills please go to the WILLS page.  Transcription rather poorly made by myself.

This is the last Will and Testament and Appointment of me Elizabeth WINDEATT Wife of Thomas WINDEATT of the Borough of Tavistock in the County of Devon Fellmonger being Sick and Weak but of a Sound Perfect and Disposing Mind Memory and Understanding (thanks be to God therefore) made published appointed and Declared this Eighteenth day of June in the year of our Lord One thousand Seven hundred and sixty four in Consequence and by Virtue of a power reserved in my Settlement made on my Marriage with him First I commend my Soul to God and my Body to Christian Burial to be Interred privately and Decently at the Discretion of my said husband Thomas WINDEATT (to whom I comitt the care thereof) but at the Costs and charges of my Executor hereinafter named and my Desire is that no Mourning may be Given only Gloves to my Bearers and One Guinea to the Dissenting Minister that shall be at Tavistock at my Death Also I Give and bequeath unto my said husband Thomas WINDEATT Two hundred pounds Sterling likewise the Mourning ring which I had for Mr. DOLBER my best China Tea pot my pair of red and Gold ribbed China Bowls the largest of my Mahogany Tables my largest Tea Chest my Green Bed and Ten pounds to put him in Mourning and to his Sister Mary MILFORD a Guinea to buy a Mourning Ring Also I Give Devise and bequeath unto my said husband Thomas WINDEATT and his Assigns All that my Messuage and Tenement in Totness now in the possession of John FOOT and others and all that my Messuage and Tenement in Modbury in Devon in the possession of the Rev. W. BRIDGMAN with their and every of their rights members and Appurtenances To hold unto my said husband and his Assigns during the Term of his Natural Life Also I give and bequeath unto my said husband Ten pounds in Trust to be laid out and Disposed of as he shall think proper for the benefit and Advantage of his son Jonathan WINDEATT. Also I give and bequest unto Thomas WINDEATT Junr Son of my said husband my Clock the two Pier Glasses in the parlour and my Gold Buttons Also I Give and bequeath unto Agnes WINDEATT Daughter of my said husband my  _____ [?Stone] Shoe Buckles my Purple Satten  _____ [?] and cloak my Dressing Table and Looking Glass also my brocade Night Gown my Fly Coat the Mourning Ring I had for Mrs. SAVERY and my flower'd Lawn Apron. Also I Give and bequeath unto Mary PARSONS Wife of Thomas PARSONS of Tavistock Clothier my best Chest of Drawers my Wedding Ring that I had of her father and a Muslin Apron Also I Give and Bequeath unto Ann PARSONS Daughter of the said Thomas PARSONS a Silver Spoon markt I.V. my Tea Kettle and Lamp and half a Dozen China Cups and Saucers and to the said Ann PARSONS and the five other Daughters of the said Thomas PARSONS a large Silver Spoon each Also I Give and bequeath unto my Cousin Elizabeth WILLS of Topsham Widow my little China Tea Point in which is the figure of a _____ [?Cork] and the half dozen China Plates she Gave me for house warming. Also I Give and bequeath unto my Cousin Mary BURGESS of Topsham Widow my best Compleat Sett of China and to her Daughter Mary my best Sett of China Mugges and to her Son Richard a Guinea and to her Daughter Frances a broad piece of Gold Value One pound three Shillings Also I give and bequeath unto my Cousin Benjamin FOLLOTT of Topsham ten pounds and to his Son Benjamin and Daughter Mary FOLLOTT five pounds sterling cash and to my Cousin Dorothy FOLLOTT his Wife my best Diamond Ring and to his Daughter Mary my velvet Cloak Also I Give and bequeath unto my Cousin John BRABANT BAYLY Son of my Cousin John BAYLY of Plymouth Ship Chandler my two Guinea ____ [?piece] and the Wedding ring which I had of Mr. BRABANT and my red cotton pocket handkerchief which was Mr. BRABANT's Also I Give and bequeath unto my Cousin Susanna BROWNE of Mortonhamptsed Widow five pounds Sterling and three Shifts and three Aprons. Also I Give and bequeath unto my cousin Mary Furze EVANS of Topsham fifty pounds and also five pounds for Mourning and my Green Damask Gown and my best Suit of ____ [?Lane] and the Mourning ring which I had from Mr. BRABANT also three of my best Shifts and my flowered Muslin Striped Apron. Also I Give and bequeath unto my Niece Elizabeth CAUNTER of Crediton five pounds to put her in Mourning and my black silk NightGown my best black Quilted Cloak the Mourning Ring I had for my Mother half a Dozen China Dishes and Saucers three of my best Shifts and a Muslin Apron Also I Give and bequeath unto my Cousin Elias STOBLE late of Modbury but now of London Taylor five pounds to put him in Mourning and my Silver Buckles and Mahogany Tea Chest Six Silver Tea Spoons a pair of Silver Tea Tongs and a Bible that was his Mothers Also I Give and bequeath unto Susanna PATHYBRIDGE of Moretonhampsted my striped ____ [?shing] NightGown and to her father Edward PATHYBRIDGE a China Punch Bowl Also I Give and bequeath unto my Nephew John CAUNTER Son of my Brother Robert CAUNTER five pounds and to Mrs. Mary UPCOTT of Topsham Widow a Guinea and to my Cousin Elizabeth SEARLE Daughter of my Cousin John EVANS a Guinea and to Mr Townsend Potter of Plymouth my silver Dollar for a ___ ___ [?p--?p--] and to my Sister in Law Mrs HOOKEY of POOL a Guinea and my best Hood and Cloak Also I Give and bequeath unto my Cousin Honour ____ [?Suyer] of Plymouth Widow half a dozen of my best China Plates with an Image in the Middle and to my Cousin Mary Wife of the said John BAYLY my half dozen blue and white China Soup plates and half a Dozen Burnt China plates Also the rest of my China Ware of what sorts or Quality soever not herein before Given bequeathed or Disposed of I Give and bequeath unto my said husband Thomas WINDEATT to be Disposed of as he thinks proper And as to the residue of my Cloaths and Wearing Apparel of what nature or kind soever not hereinbefore Given or Disposed of I Give and bequeath the same unto my said Cousin Mary Furze EVANS In Trust for herself Elizabeth CAUNTER and Phillipa Wife of my said Cousin John STOBLE Equally to be Divided between them not Doubting but my said Cousin Mary Furze EVANS will do Justice in the Distribution thereof and my Desire is that none of my Cloaths or Wearing Apparel be sold. Also I Give and bequeath unto Humphry SAVERY of Stowford Esquire a Guinea and to his Sister Miss SAVERY my Silver Snuff Box and to Mrs. PAWLING and Miss Mary AVANT of Modbury a guinea each and to Robert and Richard BAYLY sons of my said Cousin John BAYLY a Guinea each Also which said Several Legacies or Sums of Money I Will Apppoint and Direct shall be paid by my Executor herein after named within Six Months after my Death and the said China plate Towells Rings Goods Apparel and other bequests of the like sort to be Delivered as soon as conveniently can be after my Death Also I Give Devise and bequeath unto my said nephew John SCOBLE my said Messauge and Tenement in Modbury now in the possession of the Revd Mr. BRIDGMAN Expectant on and after the Death of my said husband Thomas WINDEATT to hold unto the said John STOBLE and his Assigns during the Term of his Natural life and after his death then I Give Devise and bequeath the same unto my said Cousin Elias STOBLE his Brother his Heirs and Assigns for ever Also All the rest residue and Remainder of my Lands Tenements Goods Chattels personal and Testamentary Estate whatsoever whereof or wherein I am Seized of any Estate right Title Use Trust or property or have any right power or Authority to Give him I Devise Dispose of or appoint the same in any wise howsoever I Give limit Direct Dispose of Devise and bequeath the same unto my said husband Thomas WINDEATT and Cousin John BAYLY of Plymouth Ship Chandler their Heirs Executors Admons and Assigns respectively for ever In Trust ? and to for and upon the Several uses ends and purposes following (that is to say) In Trust that they and the Survivor of them and the heirs Executors Admons and Assigns of such Survivor so and shall by and out of the Interest produce Income and Profit of my personal Estate not herein before Disposed of if the same shall be Sufficient or otherwise the same to be made good by and out of the Rents ? and profits of my Chattel ? or Real Estate not herein before Disposed of raise and and Levy One Annuity or yearly Sum of Four pounds sterling to be paid and payable to my said Niece Elizabeth CAUNTER of Crediton by two half year payments during the term of her Natural life the first of which payments to begin and be made on the Second of such of the usual feasts or Quarterly Days of Payment as Shall happen next after my Death And also one other annuity or yearly Sum of Six pounds Sterling to be paid and payable to my said Cousin Elias STOBLE During the Term of his Natural life in the same manner and on the same Days and times as the said last mentioned Annuity And after full payment and Discharge of the said Annuitys In Trust to pay the residue of the said ____ [?clear] Income Interest produce and profits of the said Estate and Effects yearly and every year to the said John STOBLE whom I make my whole and Sole Executor Subject to the Condition and ___ [Commi?oury] hereinafter mentioned and his Assigns during the course of his natural life and after his Death I Give Devise and bequeath the same Estate and Effects and every part thereof unto such Children of the said John STOBLE as shall be living at the time of his Death equally to be Divided between them Share and Share alike And for want of such Children or Child Then I give Devise bequeath and Appoint the same and every part thereof unto my said Nephews Elias STOBLE and John CAUNTER of Bovey Tracy and the Two Grandchildren of my Brother Robert CAUNTER by his Daughter their Heirs Executors Admons and Assigns respectively to be Divided between them in the Shares and in manner following (to wit) One half or Moiety thereof to my said Nephew Elias STOBLE and the other half or Moiety to and between my said nephew John CAUNTER and my said Brother Roberts Grandchildren equally to be Divided in two Shares or parts between them one whereof to be to the said John CAUNTER And insofar Phillippa STOBLE Wife of the said John STOBLE shall survive him then I Give and bequeath unto her the Sum of fifty pounds to be paid to her within six months after his Death by the person or persons who Shall be Intitled to the said Estate and Effectgs Expectant on his Death And I do hereby request my Executors In Trust to take on them the Execution of this my Will or Appointment And I do hereby Direct and Appoint that they shall be indemnified and reimbursed of the said Trust Estate all such Costs charges and Expenses as they or either of them Shall be at or Sustain in the Management or Execution of the Trusts hereby in them reposed or on Around thereof And not be answerable or lyable  for any losses which Shall or may happen in any wise relating thereto unless the same be willful and voluntary nor for the Acts or receipts of the other of them and only for what shall annually come to their respective hands In Witness whereof on four Sheets of paper I set my hand and Seal the day and year first herein written 

ELIZ. WINDEATT Signed Sealed Published and Declared by the said Elizabeth WINDEATT as and for her last Will - Testament and Appointment in presence of us who at her requested and in her presence and in the presence of each other Subscribed our names as Witnesses hereunto the ?Interlineation between the 14 and 15 lines of the first Sheet and of the words "ten pounds" in the fourth line of the second Sheet and of the Words "and Richard - each" in the ninth line and of the words "the Second of" in the last line of the third Sheet and the Erazure in the 14 line of this Sheet being first made Chr. GULLETT Elenor HARRIS Samuel ?CROOK

On the twentieth day of October in the year of our Lord One thousand Seven hundred and Sixty Six Aministration with the Will Annexed of the Goods Chattels and ? of Elizabeth WINDEATT Wife of Thomas WINDEATT late of the Borough of Tavistock int the County of Devon ? ? so far as ? all her ? ? and Interest in ? the freehold Leasehold and Copyhold premises ? of Twenty pounds a year Ready Cash Moneys in the Publick Funds ? for Moneys Arrears of Rent Household Goods and Plate and the Interest Dividends ? Profits and Product  hereof ? thereby ? of an Indenture of Settlement Tripartite ? ? the tenth day of September in the Year of our Lord One thousand Seven hundred and sixty three had a right to Dispose of and hath Disposed of by her said Will accordingly and all benefit and ? to be had ? and taken therefrom but no further or otherwise was Granted to John SCOBLE the Nephew of the said ? and Sole Executor named in the said Will he having been first Sworn by Commission only to Administer 

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