The Will of John Wayte, Butcher of Swindon

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July 31, 2014 by auntkatefirmin

This is just the will,  I’ll put the comments in a separate post. John Wayte is the great-great-great grandfather of the American Kate Maud Firmin.

Signature of John Wayt in 1761.

Signature of John Wayt in 1761.

I have transcribed this as closely as possible including capitalization and most punctuation. I have added some periods for clarity (I just couldn’t stop myself), but any commas are in the original. I have expanded anything I took to be an abbreviation.  In some cases I did not note the abbreviation as it seemed overly pedantic: for example if a doubled letter was indicated by a line over the letter (such as the m in immediately) I have spelled the word in full without using brackets. I have included the phrase “etc” where an interesting set of marks looking (to me) something like “||et||” was found. I find it easier to preserve the original line breaks for proof-reading purposes so the line breaks may appear odd depending on your browser settings. In the original, any gap at the end of a line was filled with a long underscore to prevent later alterations, I only included this in one case.

 

I John Wayte of Swindon in the County of Wilts

Butcher Do this Three and Twentieth Day of August In the Year of our Lord One

Thousand Seven Hundred and Sixty One Make Ordain Publish and Declare this only to be

My last Will and Testament in manner following (that is to say) FIRST I Give

Unto my loving Wife the Sum of Ten Twenty Pounds to be paid to her by my Executors herein

after named within One Month next after my Decease.  Also I give unto my said loving Wife

the use and Enjoyment of all my Household Goods and Implements of Household for the Term

of her Natural Life If she shall so long Continue my Widow But not otherwise and from

and Immediately after her Decease or Remarriage My Will is that all my Household Goods shall go

to and be Equally Divided amongst all my Children as shall be Living at the time of the

Death or Remarriage of my said Wife. And for Prevention of any Imbezzlement of my said

Household Goods It is my Will and I do hereby Order and Direct that a Particular be

taken by my said Wife and Executors herein after named of all my said Household Goods

And that she give her Covenant to my said Executors to leave the same Agreeable to this

my Will.  ALSO I Give unto my Four Daughters (namely) Ann, Elizabeth, Sarah,

and Rebecca Wayte the Sum of Ten Pounds a Piece to be paid to them respectively by my

Executors herein after Named when they shall severally and respectively Attain to their

several and respective Ages of Twenty One Years or Days of Marriage which shall first

happen And my Will is That if any or either of my said Daughters shall happen to

Dye before her or their Legacy or Legacy’s shall become Due and Payable by Virtue of

this my Will That then the Legacy or Legacy’s of her or them so Dying shall go be Payable

and paid unto the Survivors or Survivor of them at the time when the Original Legacy

or Legacy’s to her or them so given as aforesaid shall become due and Payable.

ALSO I Give and Bequeath unto my Son John Wayte the Sum of Twenty Pounds

to be paid to him by my Executors herein after named when he shall Attain his Age of Twenty

One Years And in Case he my said Son John shall happen to Dye before his Legacy shall

become payable then my Will is that the said Sum of Twenty Pounds so given to him as

aforesaid shall go be Payable and paid unto and amongst all my Children as shall be then

Living Share and Share alike to be paid when their Original Legacy or Legacy’s shall

Become due and Payable by Virtue of this my Will But nevertheless my Will and meaning

is And I do hereby Publish and Declare the same That it shall and may be Lawfull to

1. John Wayt

 

AND for my said Trustees If they shall Judge Prudent Immediately to take Ten

Pounds part of the said Legacy or Sum of Twenty Pounds so given and Bequeathed to my

said son John as aforesaid In Order to place and put forth my said Son John an apprentice

(anything herein Contained to the Contrary thereof Notwithstanding) And Whereas

my said Wife is now Pregnant Therefore I do hereby Give unto the Child of which she

shall be Delivered the Sume of Ten Pounds to be paid to the said Child (If a Boy) when he

shall attain to his Age of Twenty One Years And if a Girl when she shall Attain to her

Age of Twenty One Years or Day of Marriage which shall first happen And in Case the

Said Child with which my said Wife is now Ensient shall happen to Dye before the

Legacy so given shall become Payable Then my Will is that the Legacy or Sum of Ten

Pounds so last given as aforesaid shall go and be Paid unto all my said Children share

and share alike to be paid when their Original Legacy or Legacy’s shall become

Due and Payable by Virtue of this my Will.  All the rest and residue of my Goods

Rights and Credits whatsoever and wheresoever (Subject to the payment of all my Inst

Debts Legacy’s and Funeral Expences) I Give and Bequeath unto my Loving Friends

William Kemble of Swindon aforesaid Baker and Thomas Smith of the same place

Grocer __________________

their Executors and Administrators Upon this Special Trust and Confidence that they the

said William Kemble and Thomas Smith etc etc etc and the Survivor of them

and the Executors and Administrators of such Survivor Do and shall sell Dispose of and

Convert into ready Money All my said Personal Estate And when and as Soon as the same

shall be so Converted into ready money as aforesaid I do hereby order and Direct that

They my said Trustees their Executors and Administrators Do and shall from time to

time in their own Names Place and put forth the same at Interest And my Will is that

the Interest Proceed and Increase thereof shall be from time to time paid to my said

Wife During so long time only as she my said Wife shall Continue Carefully to

Maintain Educate and Bring up all my said Children during their respective

Minority’s And meaning is And I do hereby order Direct and appoint

that they my said Trustees their Executors and Administrators Do and shall

(when and as soon as all my said Children shall have Attained their respective age

or ages of Twenty One Years or Day or Days of Marriage And shall have

severally and respectively received their several and respectively Legacy or Legacys)

Pay and Deliver over unto my said Son John All such sum and sums of money as

2. John Wayt

 

SHALL then remain in their Hands undisposed of to and for the purposes of

this my Will as aforesaid. And I Do hereby make and Constitute the said William

Kemble and Thomas Smith etc etc etc Sole Executors of this my last Will and

Testament In Trust nevertheless for the Purposes aforesaid.  And I do hereby (In case

my said Wife shall Dye or Marry Again) Make and Constitute the said William etc

Kemble and Thomas Smith etc etc Guardians of all my said Children untill they

shall respectively Attain their several Ages of Twenty One Years.  And my Will and

meaning is That they my said Trustees shall not be Answerable or Accountable for any Sum

or Sums of Money which shall be by them in the Execution of the Trusts hereby by in

them reposed put out at Interest and become Irrecoverable through the Insolvency of any

Person or Persons whatsoever to whom the same shall be at any time so lent or put

forth at Interest And also that all such reasonable Expences Costs and Charges as

they my said Trustees shall be at or Expend in the Execution of this my Will and the

Trust in them reposed shall be from time to time Paid Born and Discharged out of

The said Money so given to them In Trust as aforesaid and the Interest and Increase

thereof. IN WITNESS whereof I the said John Wayte have to the Two

first sheets of this my last Will and Testament Containing Three Sheets of Paper

set my Hand and to the last Sheet thereof my Hand and Seal the Day and Year

first above written.

[signed] John Wayt [wafer seal]

SIGNED Sealed Published

And Declared by the said Testator John Wayte as

and for his last Will and Testament In the Presence

of The Word [Twenty] in the first sheet being first

Interlined

 

[signed] Jno Hobbs

[signed] Thos Dansey

at Swindon Cricklade on the 24th Novr 1761 the Executors

above named were Sworn before me the RevMr

Thomas Frome Cl[er]k M.A. surr[ogate] &c

 

[Written on the outside*] 1761

Swindon

Mr: John Wayte’s

 

This Will was proved at Cricklade

On the 24th day of Novem[ber]1761

before the Revd Thomas Frome [Vicar]

Cl[er]k M.A. lawfull Surrogate of

The Rev& Worshipful Henry

Stebbing D.D. Archdeacon of

the Archdeaconry of Wilts &

by him adm[inist]ration of the goods

& ch[att]ells of the dec[eas]ed & anyway

concerning this his will was

granted to William Kemble &

Thomas Smith Ex[ecu]tors within

named being first duly Sworn

of the truth of the said Will to

perform the same & pay the dec[eas]eds

debts & Legacies as far as his

goods & ch[att]ells will extend & to

exhibit a true Inventory & render

a Just acct when required saving

the rights of all persons.

William Boucher Not[ary] P[ublic] Cl[er]k Acd.

? S [undeciphered mark]

*It was the practice a the time to note an abbreviation by a line above the word abbreviated. Where there is more than a simple doubled letter, I have filled in the (presumed) missing letters using square brackets. The square brackets around the word twenty are original to the document and the portion I have placed in italics was underlined to clarify that the strikeout in the will was intentional.

Many thanks to “cousin” Liz in London for help with deciphering and proof-reading!

 

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