Mary Westcott, Honiton, Devon (1759-1833)
Last Will and Testament (1833)
[some paragraph breaks inserted to improve readability; visual emphasis added e.g. Westcott]
Be it remembered that this is the last will and testament of me Mary Westcott of Honiton in the County of Devon a spinster made this twenty fifth day of January in the Year of our Lord one thousand eight hundred and thirty three as follows
Whereas I am possessor of a Medal in Commemoration of the glorious Battle of Aboukir which was presented by the late Noble Admiral Lord Nelson to my late Mother in regard of my late Brother Captain George Blagdon Westcott who fell in that Battle and which was given to me by my said Mother Now I do hereby give and bequeath the same unto my niece Peggy Lott being assured that she will never part with it in her life time but will preserve it in remembrance of my said brother her Uncle and transmit it in such a manner at her death as to perpetuate it so long as may be in our family
And Whereas I am entitled to the sum of forty three pounds and ten shillings annuities commonly called Long annuities granted to me or for my benefit by the Committee of Lloyd's as sister to my said brother George Blagdon Westcott Now I do hereby give and bequeath the same sum and all my right and interest therein unto Edward Lott and Christopher Samuel Flood both of Honiton aforesaid Bankers Upon the Trusts and for the several ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say Upon Trust that they my said Trustees do and shall from time to time account for and pay the sum of ten pounds part of the said Annuity of forty three pounds and ten shillings or otherwise transfer the same as they may think proper unto Susan the daughter of my Brother William Westcott her executors and administrators to and for her and their own use and benefit
and as to a like yearly sum of Ten pounds further part of the said annuity of forty three pounds and ten shillings upon Trust that they my said Trustees shall and do account for and pay or otherwise assign and transfer the same unto my niece Ann Shipton wife of Evan Shipton to and for her own use and benefit or apply the same in any manner she may think proper
And as to the yearly sum of thirteen pounds and ten shillings further part of the said annuity of forty three pounds and ten shillings Upon Trust that they my said Trustees shall and do from time to time account for and pay or otherwise assign or transfer the same unto my said niece Peggy Lott her executors and administrators to and for her and their own use and benefit
and as to the annual sum of Ten pounds residue of the said annuity of forty three pounds and ten shillings upon Trust that they my said Trustees shall and do account for and pay the same unto my niece Harriet Horsey daughter of my sister Elizabeth Ford or otherwise assign and transfer the same unto her my said last mentioned niece or in any manner she may think proper to and for her own use and benefit or for any purposes she may think proper. And upon no other trust and for no other end intent or purpose whatsoever
Also I give and bequeath unto the said Edward Lott and Christopher Samuel Flood the sum of one hundred pounds of lawful british money to be paid to them by my Executrixes hereinafter named in six calendar months next after my death by and out of my residuary effects to be by them managed paid and applied upon the Trusts and for the purposes hereinafter declared concerning the same (that is to say) Upon Trust that they my said Trustees shall and do from time to time put and place the same out at interest on sure security or securities real or personal or lay out and invest the same in any of the public stocks or funds of this Kingdom as they my said Trustees shall think proper. And the interest dividends and proceeds thereof shall and will from time to time account for and pay over unto my said said [sic] sister Elizabeth Ford and her assigns for and during the term of her natural life and from and after the death of my said Sister Elizabeth Ford Then upon Trust that they my said Trustees shall and do account for and pay the said sum of one hundred pounds and all interest thereof then in their hands or due for the same unto the said Harriet Horsey the Daughter of my said sister Elizabeth to and for her own use and benefit
And my Will is that my said Trustees shall not be answerable or accountable for any loss or losses which shall or may happen to my said several Trust monies or any part thereof respectively in the management thereof or otherwise unless any loss or losses shall happen by their own wilful neglect or default nor shall either of them be answerable or accountable but for his own acts deeds receipts or defaults.
Also I give and bequeath unto my nephew Edmund Westcott the sum of ten pounds of lawful british money and to Martha the Widow of my late Brother Benjamin Westcott the like sum of ten pounds and to her daughter Mary Westcott and Elizabeth Henman the like sum of ten pounds each to be paid unto them respectively by my Executrixes hereinafter named in six calendar months next after my death
Also I give and bequeath unto my niece Mary the Wife of Henry Leatt Carpenter my gold watch and unto my said niece Harriet Horsey All my Books and my mahogany Chest of Drawers and unto my said three nieces Peggy Lott Mary Carpenter and Harriet Horsey all my wearing apparel of every sort and kind to be delivered to and equally divided between them so soon as conveniently may be after my funeral
Also I give and bequeath unto the said Edward Lott and Christopher Samuel Flood the sum of five guineas each to be paid to them by my Executrixes hereinafter named
And I so hereby express my wish that my Executrixes hereinafter named will procure the Grave wherein my Body shall be interred to be inclosed by a proper iron railing Also all the rest residue and remainder of any Goods Chattels Monies Securities for money and personal Estate and Effects whatsoever not hereinbefore given and bequeathed my debts legacies and funeral Expenses being first paid and discharged and subject thereto I give and bequeath unto my said two nieces Peggy Lott and Mary Carpenter in equal shares and proportions to and for their own absolute use benefit and disposal
And them my said two nieces Peggy Lott and Mary Carpenter I do hereby make constitute and appoint whole and sole Executrixes of this my last Will and Testament hereby revoking all former and other Wills by me heretofore made and ratifying and confirming this to be my last Will and Testament in Witness whereof I the said Mary Westcott the Testatrix have to this my last Will and Testament contained in four sheets of paper to the first three sheets hereof set my hand and to this fourth and last my hand and seal the day and year first hereinbefore written. Mary Westcott - (L.S.) - Signed sealed published and declared by the said Mary Westcott the Testatrix as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses thereto. Ann Pearse - Francis M. Lott
It is my wish that forty pounds of the hundred pounds which I have given in my Will to my sister Ford should at her death be given to her son Edward Ford & ten pounds of the said hundred pounds to William Ford at his mother's death Witness my hand this 6th day of April 1833 - Mary Westcott
Appeared Personally, Joseph Player and Herman James Lott both of Honiton in the County of Devon gentlemen and being sworn made oath that they knew and were well acquainted with Mary Westcott late of Honiton in the County of Devon Spinster deceased for some time before and to the time of her death and that by means of having frequently seen her write and also write and subscribe her name they have become well acquainted with her manner and character of handwriting and subscription and having now with particular care and attention viewed and perused the paper writing hereunto annexed purporting to be and contain a Codicil to the last Will and Testament of the said deceased beginning thus "It is my wish that forty pounds part of the hundred pounds which I" ending thus "to William Ford at his mothers death Witness my hand this 6th day of April 1833." and thus subscribed "Mary Westcott" these deponents say they so verily and in their consciences believe the name "Mary Westcott" set and subscribed to the said Codicil to be the proper handwriting and subscription of the said Mary Westcott deceased. Joseph Player - Herman James Lott - On the twenty first day of May 1833 the said Joseph Player and Herman James Lott were duly sworn to the truth of this Affidavit Before me Ambrose Stapleton Vicar of East Budleigh
Proved at London with a Codicil 14th August 1833 before the Judge by the oaths of Peggy Lott Spinster and Mary Carpenter (Wife of Henry Leat Carpenter) the niece the Executrixes to whom Admon was granted having been first sworn by Commission duly to administer.
Source: Public Record Office, ref. 11/1820