William Westcott, Tailor,
Honiton, Devon (1766-1826)
Last Will and Testament (1823)
[some paragraph breaks inserted to improve readability; visual emphasis added e.g. Westcott]
Be it remembered that is [sic] the last Will and Testament of me
William Westcott of Honiton in the County of Devon Tailor made this Seventeenth day of July in the Year of our Lord One thousand eight-hundred and twenty three as Follows,
First I give and bequeath unto Edmund Stamp of Honiton aforesaid Baker and George Turner of the same place Silver Smith the Sum of Two Hundred Pounds of lawful British Money to be paid to them by my Executors hereinafter named within three Months after my Death Upon Trust that they the said Edmund Stamp and George Turner and the Survivor of them his Heirs Executors and Administrators Do and shall put and place the same out at Interest on such Security or Securities Real or Personal or in the public Stocks or Funds as they my said Trustees shall think proper
And the Interest Dividends Proceeds and produce thereof shall and do from time to time when and as they shall receive the same Account for and pay unto Susan my Wife to and for her own use and benefit for and during the Term of her Natural Life she maintaing [sic] and Educating to the Satisfaction of my said Trustees my Two Children by her Edmund and Susan until they shall severally attain their respective Ages of Twenty one Years
And from and after the Death of my said Wife in case my said Children Edmund and Susan shall not then have attained their respective Ages of Twenty one Years Then upon Trust that they my said Trustees and the Survivor of them his Heirs Executors and Administrators and Assigns shall and do from time to time Pay Apply and dispose of the Interest Dividends Proceeds and produce of my said Trust Monies in and towards the Maintenance - William Westcott - and bringing up my Two Children untill they shall severally attain their respective Ages of Twenty one Years
And from and after the Youngest of such Children shall have attained that Age then upon Trust that they my said Trustees and the Survivor of them his Heirs Executors Administrators and Assigns Do and shall Account for and pay the said principal Sum of Two Hundred Pounds and all Interest Dividends Proceeds and Produce thereof then in their Hands or due for the same unto and amongst my Four Children John and Ann by my Former Wife and Edmund and Susan by my present Wife who shall be living at the time the Youngest of such Children shall have attained his or her Age of Twenty one years if such period happen after the Death of my said Wife Susan
But if my said Wife shall be then living then amongst all and every my said Four Children who shall be living at the time of her Death in equal Shares and proportions if more than one, and if but one Then unto such only one for their his or her own use and Benefit
Provided and my Will is that they my said Trustees their Heirs Executors and Administrators each and every of them shall be charged and chargeable only for such Monies as they shall respectively actually receive and not the one for the other of them but each for his own Acts Deeds Receipts neglects Defaults and Mismanagements only neither shall they or either of them be answerable or accountable for any loss which may happen to my said Trust Estate and Premises or any part thereof by means of placing the same out on any security - William Westcott - which shall in Event turn out Insufficient nor for any other Loss misfortune or damage which may happen in the Execution of any of the aforesaid Trusts nor by any other means whatsoever unless the same shall happen through his or their Wilful neglect or Default and that it shall be lawful to and for my said Trustees and each of them in the First place to deduct retain to keep and reimburse themselves respectively by and out of my said Trust Monies and also pay and to allow to his Co-trustee from time to time all such Costs Charges Losses Damages and expences which they or either of them shall and may pay, bear, suffer, incur, expend, sustain, disburse, be at or be put unto for or on account of the Trusts hereby reposed or their Acting or intermeddling therein together with so much Money as they shall severally reasonably deserve for their respective Labour Journies and Trouble in and about the same
All the rest residue and remainder of my Goods Chattels Monies Securities for Money and Personal and Testamentary Estate and Effects whatsoever and wheresoever not hereinbefore given and bequeathed subject to the payment of my just Debts and Funeral expences and charged therewith I give and bequeath unto her my said Wife Susan her Executors Administrators and Assigns and for her and their own use and benefit
And lastly I do hereby make Nominate constitute and appoint them the said Edmund Stamp and George Turner and my said Wife Executors and Executrix of this my last Will - William Westcott - hereby revoking all former and other Wills by me heretofore made and ratifying and confirming this to be my last
In Witness whereof I the said William Westcott the Testator 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 fourt and last my hand and Seal the day and year first hereinbefore Written
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Signed sealed published and declared by the said William Westcott
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 hereunto subscribed our Names as Witnesses thereto [signed] John Lee R G F??? Puckett |
| | | | William Westcott LS) | | | |
The foregoing is a true Copy of the Original the sam[e ha]ving been examined
by us
[signed]
Edw L Kemp
C A Orchard
[printed form, with blank space for the specific data of each case]
For Executors, with Will annexed.
IN the Goods of William Westcott of Honiton in the Coy. of Devon Taylor - Deceased } In the Archdeacon's Court of Exeter.
Appeared personally Edmund Stamp of Honiton Baker George Turner Silversmith Susan Westcott widow both of Honiton aforesaid two of them
Executors - named in the last Will and Testament of the above named William Westcott - who died on the 23d Day of December 1826 and made Oath, that they have made diligent search and due enquiry after, and in respect of the Personal Estate and Effects of the said Deceased, in order to ascertain the full Amount and Value thereof; and that to the best of their knowledge, information, and belief, the whole of the Goods, Chattles, and Credits of which the said Deceased died, possessed within the Archdeaconry of Exeter, (exclusive of what the Deceased may have been possessed of, or intitled to as a Trustee for any other Person or Persons, and not beneficially, including the Leasehold Estates for Years of the Deceased, whether absolute or determinable on Lives, and without deducting any Thing on Account of the Debts due and owing from the Deceased, are under the Value of Four Hundred and fifty Pounds to the best of these Deponent Knowledge, Information, and Belief.
[signed]
Edmd Stamp
George Turner
Susana Westcott
Sworn before me, the 11th. day of May 1827
John Moore [signature]
Source: Exeter Record Office, ref. 552