Will of Samuel WINDEATT of Berry Pomeroy, Gentleman - 1786

Contents of this page:  [Family] [Other Wills] [House] [Summary] [Transcription]

The Will Samuel WINDEATT of Berry Pomeroy in the County of Devon, Gentleman
Made:  03/01/1786, Witnesses: AR: FARWELL; Grace SMITH; Abigail NEWLAND
Proved ?
SOURCE: from a photocopy of a will held at Totnes Museum

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

FAMILY

This family is on the main stem of the Totnes tree.  Samuel WINDEATT appears to have been a significant paterfamilias - acquiring much property in and around Bridgetown and surrounding parishes.  He was also a strong non-conformist and, apparently, opened his own house as a place of worship (see link below).

Aunt Amery (Samuel's great granddaughter) wrote in 1863: 

My grandmother married young, when about 18, Samuel WINDEATT, second son of Samuel WINDEATT of Bridgetown . . . [my italics]

The WINDEATTS have been settled in Bridgetown for many years, and had land and houses both freehold and leasehold and were engaged in the Woollen trade. They too were Non-conformists, but not living in a Borough town were not persecuted as those at Totnes. My grandmother's mother was Sarah EDGCOMBE of Edgcombe in Milton Abbot near Tavistock, an old branch of the earl's family; she had three children, the eldest Thomas married a Miss MILFORD of Exeter, whose son Mr Milford WINDEATT lived and died at Bridgetown . . . . The youngest son was my grandfather and the second child was a daughter Hannah who died at an advanced age unmarried . . .

Below is a speculative tree that I have created from the information above, in the Will and other data.  You may need to scroll right to see it all.

               SAMUEL (1705-1794) m.?1729 Sarah EDGECUMBE (1708-1779)                                Thomas WHITE m. Mary BABBAGE
            ________________________|__________________________________________________________                    |________________________
           |                                               |                                   |                   |                       |
       Thomas (1730-1799)                              Hannah                               Samuel m.?1766 Elizabeth WHITE(1748-1829)   Juliana(?-?1767)
      m.?6/12/1752 Mary MILFORD at Thorverton            dsp                                (1734-1806)              
  _________|_________________________________________________________                    ____________|____________________________________________________
  |                               |           |         |           |                    |           |            |            |           |             |
 Samuel Milford               Elizabeth     Mary      Sarah       Alicia               Sarah     Thomas White    Mary Ann     Samuel     Elizabeth       John
 (1752-1828)                  m.?REEVES   m.?EDWARDS   dsp       m.?1786             (1767-1845)  (1769-1827)    (1771-?)   (1779-1780)  (1783-1844)  (1784-1856)
 m.Sophia REED (1754-1814)                                   Samuel BLATCHFORD                     m.?1803                                 m.?1817       dsp
  |___________________                                                                           Mary FABYAN                        John Robert TOZER 
  |                  |                                                                      ____________|____________                            
Samuel Milford    Sophia Wilton (Mrs. Wallace)                                     |                       |                        |                      
d. 1810 dsp          m.?1831  dsp                                                   Frances (Aunt Amery)     William Fabyan
               Rev. James Cowden WALLACE                                                            

Other relevant wills:

• Samuel WINDEATT, will proved in 1807 - Samuel's second son (mentioned here)
• Samuel Milford WINDEATT's will proved in 1828 - Samuel's grandson (mentioned here)
• Sarah WINDEATT, will proved in 1833 - Samuel's granddaughter  (mentioned here)
• Thomas White WINDEATT, will proved 1833 - Samuel's grandson - not mentioned here
• John WINDEATT, will proved 1826 - Samuel's grandson - not mentioned here

Samuel WINDEATT house

There is a house in Bridgetown which is said to be the house of this Samuel WINDEATT.   Bridgetown is only just across the bridge from Totnes but in a different parish (Berry Pomeroy).

• present-day photograph of the house in Bridgetown

SUMMARY (and disclaimer)

The original Will, like most of those from this branch of the family, sets up a trust and imposes complicated conditions.  Descendants of this family later took up the profession of 'solicitor': I can imagine they were  driven to this by the complications of sorting out their own inheritances! I have attempted to understand the various trusts involved in this will but I am not a lawyer nor, indeed, even very good at deciphering old wills so the summary below may not accurately reflect the true nature of the Will.

The Will provides interesting material for speculation:

1. Why did Samuel leave most of his estate to his second son, also Samuel, rather than his eldest son?  And why was most of the remainder left to Thomas's, son, Samuel Milford Windeatt?  Perhaps Thomas was not to be trusted?  Or perhaps he was ill? He died five years after his father.
2. It is suggested, although not explicitly, that Thomas and his family were living in the Modbury house at the time that Samuel senior wrote his will.
3. Had his eldest son or his eldest son's family borrowed money from him?  He makes a point of forgiving them any debts at the end of the will.
4. Why did he leave some property to Mary and Sarah but not to Elizabeth?  Was Elizabeth perhaps already married?
5. Why did he make such a fuss about the inventory that his daughter Hannah was to give to his son Samuel?  Could he not trust her?  Had she and her brother fallen out?

TRANSCRIPTION

This transcription has been roughly typed from photocopy of a probate copy of a Will held at the Totnes Museum and is the result of a certain amount of guesswork.  Please note that I have changed the surnames to uppercase to aid family historians. For a  list of other Wills please click here for the WILLS page.

In the name of God Amen
I Samuel Windeatt of Berry Pomeroy in the County of Devon Gentleman being in good Health and of a Sound and perfect Mind Memory and Understanding/Thanks be to Almighty God for the same but considering the uncertainty of this transitory Life Do make and publish this my last Will and Testament in manner following (that is to say) First I recommend my soul into the Hands of Almighty God who gave it in an humble hope that he will receive the same into his favour in and through the Mertis of his Dear Son and our most blessed Redeemer Jesus Christ and my Body to be decently buried at the Discretion of my Executor hereinafter named and a to my Worldly Estate wherewith it hath pleased God to bless me I give devise and dispose of the same as follows/to wit/First I give and devise unto my Son Thomas WINDEATT and his assigns for and during the Term of his Natural Life All that piece or parcel of Land with the appurtenances situate and lying in the Town of Modbury in the said County of Devon on which there now is or formerly was a Dwelling House and from and after his Decease I give and Devise the same unto my Grandson Samuel Milford WINDEATT /son of the said Thomas Windeatt/his Heirs and Assigns forever Also I give and bequeath unto my said Grandson Samuel Milford WINDEATT all those my two Leasehold Messuages Tenements or Dwelling Houses called or commonly known by the name of Manning House and the Bridge House together with the Quays and Granaries which I now hold for the Life of my said Son Thomas WINDEATT all situate and lying at Bridgetown within the parish of Berry Pomeroy aforesaid and now in the possession of John CUMING and others To hold the same unto the said Samuel Milford WINDEATT his Executors Administrators and Assigns for and during all my Right Title Interest Term and Terms of Years therein now to come and unexpired Upon Trust Nevertheless and to and for the Uses Ends Intents and purposes hereinafter mentioned that is to say Upon Trust that he the said Samuel Milford WINDEATT his Executors and Administrators shall and do from time to time devise set or let the said premises every or any part thereof at an yearly rent to any person or persons whomsoever and after reimbursing himself and 
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and themselves as well all such sum and sums of Money as he or they shall or may lay out expend or be put unto in the necessary repairs of the said premises and and for the rates and taxes of the same and all such Costs Charges Damages and Expenses as he or they shall or may incur sustain or be put unto in or about the Trust hereby in him and then reposed shall and so pay and apply the neat and Clear rents issues and profits and Profits thereof in and towards the Maintenance clothing and Education of my Granddaughter Alice WINDEATT/ (Daughter of my said Son Thomas WINDEATT until she shall attain her full age of Twenty one Years/if my Right and Interest of and in the said premises shall so long Continue/or otherwise stand possessed of the same for the Use and benefit of my Grand Daughter till she arrives at that Age and from and after her Attaining that age Then upon further Trust that He the said Samuel Milford WINDEATT his Executors and Administrators do and shall by with and out of the said neat rents issues and profits of the said premises after such Deductions as aforesaid/pay unto my said Son Thomas WINDEATT for and during so many years of my said Estate Term and Interest of and in the said premises as he shall happen to live the sum of five shillings weekly and every week in and towards his better Maintenance and support and in Case any Money part or parts of such neat rents as aforesaid shall be and remain in the hands of my said Grandson Samuel Milford WINDEATT his Executors or Administrators after paying and Discharging the said Weekly payments or Sum of five Shillings to my said Son Thomas aforesaid and such other Deductions as before mentioned then upon further Trust that he the said Samuel Milford WINDEATT his Executors or Administrators Shall and and do from Time to Time pay and apply such overplus unto my two Grand Daughters Mary WINDEATT and Sarah WINDEATT two other Daughters of my said Son Thomas WINDEATT for and during the Residue and Remainder of my said Estate Term and Interest of and in the said premises which shall be therein then to come and unexpired equally to be divided between them share and share alike and to and for no other use Trust Intent or Purpose whatsoever Also I give and bequeath unto each of my Granddaughters Elizabeth WINDEATT Mary WINDEATT Sarah WINDEATT and Alice WINDEATT/Daughters of my said son

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Son Thomas WINDEATT/the sum of Ten pounds of lawful Money of Great Britain to be paid to them at the End of Six Calendar Months next after my decease And Whereas I am possessed of Interested in and entitled unto all that Messuage Tenement or Dwelling House with the appurtenances therein I now live situate and lying in  Bridgetown in the parish of Berry Pomeroy aforesaid for and during the residence and remainder of a certain Term of Two thousand or some other long term of Years by Virtue of a certain Indenture of Lease bearing Date on or about the Eighteenth Day of September One thousand seven hundred and nineteen Now I do hereby give and bequeath the said Messuage Tenement or Dwelling House with the appurtenances unto my Daughter Hannah WINDEATT and her assigns for and during so many Years f the residence and remainder of my said Term and Interest therein as shall run out and expire in and during the Term of her Natural Life She my said Daughter always keeping and Maintaining the said premises in good and sufficient repair And from and after her Decease I give and bequeath the same unto my son Samuel WINDEATT of Totnes in the said County Clothier my Executor herein after named his Executors Administrators and Assigns for and during the Residue and Remainder of my said Term and Interest which shall be therein then to come and unexpired Also I give and bequeath unto my said Daughter Hannah WINDEATT All my silver plate of every kind and all my china Together also with the Mahogany Chest of Drawers which stands in the Kitchen Chamber of my said Dwelling house, a hanging press, a Mahogany Tea Table one full Moiety or half part of All my Bed and Table Linnen and my Check Bed performed Feather Bed Tye Bolster two pillows and two planketts [sic] Also I give and bequeath unto my said Daughter Hannah WINDEATT for and during the Term of her Natural Life the full and entire use of All other my Household Goods Beds and Bedding Linnen and all my other Implements of Household and Household Furniture whatsoever which shall be in my Dwelling House at the time of my Decease And from and after her Decease I give and bequeath the same Household Goods and Furniture/the use of which I have hereby given to my said Daughter for her Life

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Life as aforesaid unto my said son Samuel WINDEATT my Executor hereinafter named and for his own Goods and Chattles forever And it is my Will and and I so hereby Direct my said Daughter to sign and deliver unto my said Son Samuel his Executors and Administrators within one Calendar Month next after my Decease or when required by him or them a true and perfect Inventory and Account of all and singular the said Household Goods and Chattles Beds and Beding and all other my Household Furniture the use of which is hereby given unto her for her life as aforesaid/ that so the particulars thereof may be fully ascertained and known and in Case my said Daughter shall refuse when required by my said Son Samuel his Executors or Administrators to sign and Deliver such Inventory and Account as aforesaid then I so hereby revoke and make void the said bequest of the use of my said Household Goods Beds and Beding Linnen and Furniture to my said Daughter and so hereby Will that the same shall go and be taken as and for a part of my residuary personal Estate not hereinbefore Disposed of Also I give and bequeath unto my said Daughter Hannah WINDEATT the sum of One Thousand pounds of lawful Money of Great Britain to be paid and payable to her by my said son Samuel my Executor hereinafter named in manner following (to wit) The Sum of Fifty pounds part thereof Immediately on my Decease the Sum of Four hundred and seventy five pounds other part thereof at the end of six Calendar Months next after and the sum of four hundred and seventy five pounds the remainder thereof at the End of Twelve Calendar Months next after my Decease and I so hereby subject and Charge all and every the Messuages and Tenements Fields Closes and Parcells of Land Hereditaments and Premises situate and lying within the several parishes of Rattery Harbeton Dartington and Totnes hereinafter devised unto my said Son Samuel Windeatt to and with the arising and payment thereof Also I give and bequeath unto my said Son Samuel WINDEATT all those my Leasehold Lands and Premises following /to wit/ All that my Messuage Tenement or Dwelling House now in the possession of Henry JEFFERY and others and all those my several Fields or Closes of Land Late Shorts called or commonly known by the several Name or Names of the Island and Rack Marsh thereunto or adjoining and belonging Old Ditch Great Culver Close Little Culver

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Culver Close the Great Marsh and the two Meadows All which said several premises are situate lying and being within the parish of Berry Pomeroy aforesaid and are now in my possession or the possession of my Tenant or Tenants To hold the same with their and every of their Rights Members and Appurtenances unto my said son Samuel Windeatt his Executors Administrators and Assigns for and During all my Estate Rights Title Interest Term and Terms for Years therein now to come and unexpired Also I give and devise unto my said Son Samuel WINDEATT all those my two several Fields or Closes of Land called or commonly knowby the Name or Names of Bill Brick or Bogans Close and Goulds Close situate and lying in the Parish of Berry Pomeroy aforesaid and now in my possession or in the possession of my Tenant or Tenants To hold the same with their appurtenances unto my said Son Samuel Windeatt his Heirs and Assigns forever Also I give and devise unto my said Son Samuel WINDEATT his Heirs and Assigns all that my Messuage and Tenement with the appurtenances called or commonly known by the Name of Hatchland situate and lying within the several Parishes of Rattery Harberton and Dartington in the said County of Devon and now in the possession of William SEARLE as my Tenant and also all that one Barn together will all those Four Fields or Closes of Land and such Meadow thereunto belonging with their appurtenances late Roger BERRYMANS and all other the premises which  lately bought of him situate and lying within the parish of Totnes aforesaid and now in the possession of Richard SOPER as my Tenant To hold the same Subject to and charged and chargeable with the payment of the said Sum of One Thousand pounds to my said Daughter Hannah in manner as aforesaid/ Unto my said son Samuel WINDEATT his Heirs and assigns forever Lastly all the Rest Residue and Remainder of my Messages Lands Tenements and Hereditaments Fields Closes and Parcells of Land as well Freehold as Leasehold situate and lying within the several parishes of Berry Pomeroy, Totnes Rattery Harberton and Dartington or elsewhere in the said County of Devon Goods Chattels real and personal Estate of what Nature or Kind soever not hereinbefore given devised or disposed of I give devise and bequeath the same unto my said Son Samuel WINDEATT his Heirs Executors Administrators and assigns forever and I do hereby make constitute and appoint him sole Executor of this my last Will and Testament hereby revoking 

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and making void all former and other Will and Wills by me at any Time heretofore made In Witness whereof I the said Samuel WINDEATT the Testator have to the first three sheets of this my Will contained and written in four sheets of paper set my Hand to this Sheet my Hand and Seal the twenty third day of January in the year of our Lord One Thousand seven hundred and eighty six 

---------

Sam.^l Windeatt (Seal)

Signed Sealed published and declared by the said Samuel WINDEATT the Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have Subscribed our Names as Witnesses thereto -----------

Ar: FARWELL

Grace SMITH

Abigail NEWLAND

Be it remembered that I the above named Samuel WINDEATT the Testator do order and direct my son Samuel WINDEATT my Executor above named to sign and execute to my said Son Thomas WINDEATT and to my four Grand Daughters Elizabeth, Mary, Sarah, and Alice WINDEATT the above named a good and sufficient Release and Discharge of all such sum and sums of Money as they or any or either of them shall or may owe me on any account whatsoever at the time of my decease it being my Will and Intention to acquit them from all Claims and Demands which shall or may be owed and owing to me from them or any or either of them at that time and I so further order and direct that this shall be taken for part of my Will as fully to all Intents and purposes as if written and inserted in the body thereof.  In Witness whereof I have hereunto set my hand n the same day and year as is above written and at the same time that I executed this my Will ---------

Sam.^l Windeatt --------------