Will (9th March 1822) of
William Winterbotham 1763-1829
This is the last Will and Testament of me William Winterbotham heretofore of Plymouth in the
County of Devon but now of Newmarket in the Parish of Horsley in the County of Glocester
Dissenting Minister I direct that all my debts funeral and testamentary Expenses be fully paid out of
my personal Estate I give and bequeath to my two Sons Rayner and Lindsey Winterbotham their
Executors Administrators and Assigns the sum of Fourteen hundred pounds upon trust to pay and
apply the Interest thereof from the time of my decease unto my dear Wife Mary Winterbotham and
her Assigns for the term of her natural life and after her decease upon trust to pay the sum of Four
hundred pounds part thereof to my Son Lauriston Winterbotham his Exors Admors or Assigns the
sum of Three hundred and fifty pounds other part thereof to my daughter Carlina Brend
Winterbotham her Executors Administrators or Assigns the sum of Two hundred and fifty pounds
other part thereof to my Son John Brend Winterbotham his Executors Administrators or Assigns and
the sum of Four hundred pounds residue thereof to my daughter Mary Brend Winterbotham her
Executors Administrators or Assigns such several portions to become vested interests in my said two
Sons on their respectively attaining the age of twenty one years and in my daughters on their
respectively attaining that age or marrying the Interest thereof respectively after my said Wifes
decease to be applied towards their maintenance and education and the principal and unapplied
interest in case of either of such portions not becoming vested to sink into and form part of my
residuary Personal Estate hereinafter bequeathed And Whereas I have lately contracted for the
purchase of a Freehold Dwellinghouse and Premises at Tewkesbury in the County of Glocester the
purchase of which although I have expended a considerable sum in repairs is still uncompleted I do
declare that such contract for purchase was entered into and such reparations made by me on the part
only of my said two Sons Rayner and Lindsey Winterbotham And I do therefore give and devise my
Estate and Interest in the said Premises to the said Rayner and Lindsey Winterbotham their heirs and
assigns equally for ever they holding themselves indebted to my Estate of which I have hereinafter
appointed them Executors all such sum and sums of money as I have already expended on the said
premises or may hereafter be called upon to pay in completing such purchase I give and bequeath all
my Printed Books (after my dear Wife shall have selected such of them as she may wish for her own
use) unto and between my six Children equally and to prevent any misunderstanding respecting the
division of the same I direct that they shall be arranged under distinct heads of History Biography
Theology Travels & c as in my Catalogue and each Child successively from each department choose a
Work at the price affixed to it in such Catalogue and give or take a pecuniary Compensation as the
case may be to make the Value of the share of each equal I give and bequeath the Memoirs I have in
hand of my life And all other my Manuscript Books and Papers unto my Two Sons Rayner and
Lindsey Winterbotham equally I give to my Son Rayner Winterbotham the large Painting of myself to
my Son Lindsey the two miniature Paintings of his Mother and myself and to my Son Lauriston my
Silver Watch Moreover I give devise and bequeath my Leaseholds Messuages Land and Premises at
Newmarket aforesaid (subject to the Mortgage now charged thereon) my five tenth shares or other
Estate and Interest in the reversion in fee of two freehold Messuages or Tenements Curtilages and
Premises at Plymouth aforesaid late the Estate of John Brend Gentleman deceased my Household
Furniture Plate Linen China Debts monies securities for money and all other my real and personal
Estate and Effects not hereinbefore disposed of unto my two Sons Rayner and Lindsey Winterbotham
their Heirs Executors Administrators and Assigns respectively Upon trust as soon as conveniently
may be after my decease (or as to the said Messuages and Premises at Plymouth so soon as from my
reversionary shares vesting in Possession my Children coming of age to convey the other shares or
Value of Property there having increased a Sale thereof shall be deemed advisable) to sell and dispose
of the said several messuages or tenements lands hereditaments and premises or my Estate title and
interest therein and also the said household furniture and other effects not consisting of money by
Public Auction or Private Contract as shall seem most advisable and to collect and get in all debts and
sums of money due to me on Security by way of rent or otherwise and place out and invest the
purchase and other monies arising therefrom on Government or real security altering and varying such
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securities from time to time as shall appear needful it being also my express declaration that the
purchaser or purchasers of all or any part of my said real or personal Estate shall not be required to see
to the application of his her or their purchase monies nor be answerable for the application thereof but
that the receipts of my said two Sons shall be for such respective Purchase Monies a Valid and
sufficient discharge And upon further Trust to pay apply and dispose of the interest dividends and
produce from time to time to accrue or become due on the monies so invested as aforesaid and also
the rents and profits of my said real and personal Estate from the time of my decease until sold and
disposed of as aforesaid unto my dear Wife Mary Winterbotham and her Assigns for the term of her
natural life And after her decease Upon trust to pay divide and dispose of the principal money so
invested as aforesaid and all Interest that may accrue thereon from the time of my said Wifes decease
unto and equally between themselves the said Rayner and Lindsey Winterbotham and my said four
other children share and share alike the shares of each of my said Sons to be considered as vested
interests in them on their respectively attaining the age of twenty one years and the shares of my said
Daughters to be considered as vested interest in them on their respectively attaining that age or
marrying the Interest of each expectant share after my said Wifes decease to be applied towards the
maintenance and education of the minor expecting the same and the principal and unapplied interest
in case of either of such portions not becoming vested to the survivors or survivor of such children
and become vested or expectant in them in like manner and at the like times as their several original
shares are hereby directed to become so Provided nevertheless and my Will in making the above
general residuary devise is that my dear Wife shall be at liberty if she see fit to occupy and enjoy the
Messuages and Premises at Newmarket aforesaid (subject only to the Mortgage thereon) and all or
any part of my household furniture and effects for her life and in that case the said Messuages and
Premises Household furniture and effects shall not be sold or disposed of till after her decease or she
shall be disposed to relinquish the same Provided also and it is my Will in the disposition I have made
of my 5/10th shares of the said reversionary freehold property at Plymouth that the five remaining
tenth shares of such property shall be also divided in equal shares between my six children and that if
either of my five older children shall refuse to make such equal division or having received by
disposition sale or otherwise more than one sixth of such five tenth shares shall refuse to return the
Overplus for the purpose of such equal division the share or shares of such child in the residuary
property hereinbefore directed to be invested shall become forfeited and be divisible only among his
or her brothers and sisters And whereas I have received for the use of my children their shares of a
small leasehold Property at Plymouth disposed of by me as Administrator de Bonis now of the said
John Brend deceased and having in the advancement of my Sons Rayner Lindsey and John in the
World considered their shares of such property as given up to me having also included my daughter
Mary’s share in the provision made for her by this my Will and having by memorandum at the foot
thereof provided for the payment of my Son Lauriston and daughter Carlina’s shares I direct that each
of my said children shall whenever called upon for that purpose release my Executors hereinafter
named and the Trustees of the said John Brend deceased from all their Estate and Interest in such
leasehold premises and on either of their refusing to do so their shares of the residuary property
hereinbefore directed to be invested shall become forfeited and devisable as aforesaid And I direct
that my said Trustees shall not be answerable for each others default nor for involuntary loss And
lastly I nominate constitute and appoint my said Sons Rayner and Lindsey Winterbotham joint
Executors of this my Will and Guardians of the persons and property of such of my children as shall
be under age and unmarried and revoking all former and other Wills by me at any time made I hereby
declare this to be my last Will and Testament In testimony whereof I have to the four first sheets of
this my Will set my hand and to the fifth and last sheet thereof my hand and seal this ninth day of
March in the Year of Our Lord One thousand eight hundred and twenty two William Winterbotham
Signed sealed published and declared by the Testator William Winterbotham as and for his
last Will and Testament (the several erasures and interlineations against which we have set our initials
having been first made in the presence of us who in his presence at this request and in the presence of
each other have hereunto subscribed our names as Witnesses Jno Heskins Clothier Nailsworth
Gloucestershire Edward Barnard Clothier Nailsworth Richard Bliss Clothier Nailsworth.
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Proved at London 3d December 1829 before the Judge by the Oaths of Rayner Winterbotham and
Lindsey Winterbotham the Sons and Executors to whom Admon was granted having been first sworn
(by Commission) only to Administer.
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