Nicholas Winckworth




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Transcript of the Will of Nicholas Winckworth dated 27/08/1773



In the Name of God Amen I Nicholas Winckworth, of London, Gentleman, do make this my last Will and Testament as follows.
I direct that my just debts and funeral expenses, and the charges of proving this my Will shall be in the first place, paid and satisfied.

I give unto my niece Mary Winckworth daughter of my brother Benjamin Winckworth, the sum of five hundred pounds bank share, subject nevertheless to the annuity hereinafter mentioned, to be paid her at her age of twenty one years. And in case my said niece Mary Winckworth shall marry before she attains her said age of twenty one years and leave any child or children her surviving, then I give the said sum of five hundred pounds bank share, subject as aforesaid, unto and amongst all and every such children if more than one, of my said niece Mary Winckworth, equally to be divided between them, share and share alike, and to be paid them at their respective ages of twenty one years.
And if there shall be only one child of my said niece Mary Winckworth then to such only child at his or her age of twenty one years, but if my said niece Mary Winckworth shall depart this life before she attains her said age of twenty one years, and without issue, or if leaving issue all such issue shall die before their respective ages of twenty one years, then and in that case, I give the said sum of five hundred pounds bank share subject as aforesaid, equally and amongst all and every, the other children of my said brother Benjamin Winckworth, share and share alike, and if but one child then to such only child.

I give the sum of five hundred pounds bank share, subject nevertheless to the annuity hereinafter mentioned, unto my nephew Benjamin Winckworth, son of my said brother Benjamin Winckworth, to be paid him at his age of twenty one years, and in case of his decease before he attains the said age of twenty one years, then I direct that the said sum of five hundred pounds bank share, subject as aforesaid, shall link into, and be deemed part of the residue of my state herein after bequeathed.

I give unto my brother John Winckworth, an annuity or yearly sum of twenty six pounds for and during the term of his natural life, and I direct that the said annuity of twenty six pounds a year shall be paid half yearly by even and equally payments, on Ladyday and Michaelmas Day in every year, free from all deductions and attatchments whatsoever, and into the proper hands only, of my said brother John Winckworth, it being my mind and intention that the said annuity shall be, and remain a constant personal provision and support for my said brother John Winckworth, and not to be subject to the payment of his debts or be assignable or transferable by or from him on any account whatsoever.
And I direct that the first payment thereof begin and be made on such of the feast days or days of payments which shall first and next happen after my decease, and further and regular payment of the said annuity.
I do hereby charge the said several sums of five hundred pounds and five hundred pounds bank share herein before given, equally with and for the payment thereof, and direct that my executors hereinafter named shall and do as conveniently may be after my decease, put apart and appropriate a sufficient part and so much of the said sum of one thousand pounds bank share, as they in their discretion shall think proper and will be sufficient by the interest and dividends thereof, to answer, pay and satisfy the said annuity or yearly sum of twenty six pounds and that they do declare the trust of the said bank share so appropriated or set apart, to be for answering  and paying the said annuity by me hereinbefore given, for and during the natural life of my said brother John Winckworth, and from and after the decease of my said brother John Winckworth and all arrears if any, of the said annuity or yearly sum of twenty six pounds are fully paid and satisfied.
I direct the capital of such bank share to be appropriated and set apart as aforesaid shall be assigned and transferred at such times and to such person and or persons to whom I have hereinbefore given the same and who shall then be intitled thereto, under and by virtue of this my Will.

I give unto my nephew Thomas Winckworth, son of my said brother Benjamin Winckworth the sum of  three hundred pounds.

I give unto my nieces, Elizabeth, Harriett and Sarah Winckworth, the sum of two hundred and fifty pounds each, to be paid them at their several ages of twenty one years, and in case any or either of my said nieces shall die before their respective ages of twenty one years, I give the legacy or legacies of her or them so dying, equally unto and between the survivors of them, at their like ages of twenty one years. And if but one of my said nieces shall live to attain the age of twenty one years, then I give the whole thereof to such survivor to be paid at the same time as her original legacy is hereinbefore appointed to be paid.

I give unto my cousin Mary Sutton of  Newbury in the county of Berks, widow, ten pounds.

I give unto James Sutton, of Queenhythe London, Factor,  son of my said cousin Mary Sutton, two hundred pounds.

I give unto Mary Sutton the sister of the said James Sutton, the sum of one hundred pounds at her age of twenty one years, with interest for the same at the rate of five pounds per annum per annum, from the day of my decease until she attain her said age of twenty one years. To be in the meantime applied by my executors hereinafter named, for her use and benefit, and which interest my mind and wish is the said Mary Sutton shall be intitled to, whether she lives to attain her said age of twenty one years or not.

I nominate and appoint the said James Sutton and my said brother Benjamin Winckworth, executors of this my Will and I do hereby give unto the said James Sutton a further sum of thirty pounds and unto my said brother Benjamin Winckworth a like sum of thirty pounds, in acknowledgement for the troubles they may have in the execution of this my Will.
And as to all the rest and residue of my estate of what nature and kind soever and wheresoever, which I now am or at the time of my decease, I shall or may be any wise possess interested in or intitled unto, I give devise and bequeath the same unto my brother Benjamin Winckworth, his heirs, executors, administrators and assigns for ever.

And lastly I do hereby revoke and make void all former and other Wills by me at any time heretofore made, and I do declare this to be my last. 
In witness whereof, I,  the said Nicholas Winckworth, the testator, have hereunto set my hand and seal this Twelfth day of February One Thousand Seven Hundred and Sixty Seven      [signed]      Nicholas Winckworth
signed sealed published and declared by the said testator as and for his last Will and Testament, in the presence of us who in his presence and at his request and also in the presence of each other, have subscribed our names as witnesses.

Samuel Holker.     Thomas Crosse .       Frederick Daily.


This Will was proved at London this 27th day of August in the Year of Our Lord One Thousand Seven Hundred and Seventy Three,  before the Worshipful George Harris, Doctor of Laws and Surrogate of the Right Worshipful George Gray, Doctor of Laws, Master Speaker or Commissary of the Prorogative Court of Canterbury, lawfully constitutes by the oaths of James Sutton and Benjamin Winckworth, the brother of the deceased and executors named in the said Will, to whom administration of all and singular, the goods, chattels and credits of the said deceased was granted, having first been sworn duly to adminster.