Descendants of Thomas WHEATON

 

Updated 31st August 2008

 

Generation No. 1

 

1.  Thomas1 WHEATON1,2 was born Abt. 1689, and died 27 June 1753 in Brixham, Devon3.  He married Mary SHEENER3,4 28 September 1713 in Brixham, Devon5,6,7.  She was born Abt. 1694, and died November 1750 in Brixham, Devon8.

 

Notes for Thomas WHEATON:

Information from Eileen HAYNES 26/10/2000

"He was known to his associates as Thomas WHEATON of Barey"

 

More About Mary SHEENER:

Baptism: 22 September 1695, Alphington, Devon (Only on IGI.  Entry not proved)9

Burial: 26 November 1750, St Mary, Brixham, Devon10

       

Children of Thomas WHEATON and Mary SHEENER are:

                 i.    William2 WHEATON11, b. Abt. 171611; d. October 1740, Brixham, Devon12.

 

More About William WHEATON:

Baptism: 1 January 1716/17, Kinswear, Devon13,14

Burial: 30 October 1740, St Mary, Brixham, Devon15

 

                 ii.    Arthur WHEATON16, b. Abt. 171816; d. Unknown.

 

More About Arthur WHEATON:

Baptism: 13 May 1718, Kingswear, Devon16,17

 

                iii.    Mary WHEATON18,19, b. Abt. 1720, Brixham, Devon20; d. Unknown; m. William ADAMS20,21, 10 May 1742, Brixham, Devon22,23; b. Abt. 1717; d. Unknown.

2.            iv.    Thomas WHEATON, b. Abt. 1722; d. May 1779, Brixham, Devon.

                v.    Henry WHEATON24, b. Abt. 1723, Brixham, Devon24; d. Unknown.

 

More About Henry WHEATON:

Baptism: 1 January 1723/24, Brixham, Devon as WHEATEN25

 

               vi.    Samuel WHEATON26, b. Abt. 172426; d. Unknown.

 

More About Samuel WHEATON:

Baptism: 25 February 1724/25, Kingswear, Devon26,27

 

3.            vii.    John WHEATON, b. Abt. 1725; d. Bef. 1788, (Wife a widow at her death).

4.           viii.    Gilbert WHEATON, b. Abt. 1727, Brixham, Devon; d. October 1792, Brixham, Devon.

               ix.    James WHEATON28, b. Abt. 1730, Brixham, Devon28; d. January 1730/31, Brixham, Devon.

 

More About James WHEATON:

Baptism: 9 June 1730, Brixham, Devon29

Burial: 19 January 1730/31, Brixham, Devon30

 

                x.    Elizabeth WHEATON31, b. Abt. 1732, Brixham, Devon31; d. Unknown; m. John HILL31, 26 December 1751, Brixham, Devon31; b. Abt. 172732; d. Unknown.

 

More About Elizabeth WHEATON:

Baptism: 18 January 1732/33, Brixham, Devon33

 

5.            xi.    Jane WHEATON, b. Abt. 1734, Brixham, Devon; d. Unknown.

 

 

Generation No. 2

 

2.  Thomas2 WHEATON (Thomas1)33,34 was born Abt. 172235, and died May 1779 in Brixham, Devon36.  He married Mary ASH37,38 4 April 1743 in Brixham, Devon39,40.  She was born Abt. 171841, and died 23 March 1782 in Brixham, Devon (cannot find the source of this entry)42.

 

More About Thomas WHEATON:

Burial: 21 May 1779, St Mary, Brixham, Devon43

 

More About Mary ASH:

Baptism: 30 October 1718, Brixham, Devon44

Burial: 28 March 1782, Brixham, Devon45

       

Children of Thomas WHEATON and Mary ASH are:

                 i.    Ann3 WHEATON46, b. Abt. 174446; d. November 1783, Brixham, Devon47.

 

More About Ann WHEATON:

Baptism: 3 July 1744, Brixham, Devon48

Burial: 10 November 1783, St Mary, Brixham, Devon49

 

6.              ii.    John WHEATON, b. Abt. 1746, Brixham, Devon; d. September 1790, Brixham, Devon.

                iii.    Mary WHEATON50, b. Abt. 1748, Brixham, Devon50; d. Unknown; m. Jacob PHILIP50; b. Abt. 174351; d. Unknown.

 

Notes for Mary WHEATON:

Note from Michael BROWNING

He believes this Mary WHEATON married William EVENS on 22 October 1797.  More research required.

 

More About Mary WHEATON:

Baptism: 30 November 1748, Brixham, Devon52

 

7.            iv.    Elizabeth WHEATON, b. Abt. 1751, Brixham, Devon; d. 13 October 1815, St Mary, Brixham, Devon.

                v.    Jane WHEATON53, b. Abt. 1754, Brixham, Devon53; d. 1758, Brixham, Devon.

 

More About Jane WHEATON:

Baptism: 16 April 1754, Brixham, Devon54

 

               vi.    Thomas WHEATON55, b. Abt. 1757, Brixham, Devon55; d. February 1831, Brixham, Devon55.

 

More About Thomas WHEATON:

Baptism: 24 August 1757, Brixham, Devon56

Burial: 13 February 1831, Brixham, Devon57

 

 

3.  John2 WHEATON (Thomas1)58,59 was born Abt. 172560, and died Bef. 1788 in (Wife a widow at her death)61.  He married Susanna AULGAR62,63 26 December 1747 in Churston Ferrers, Devon63.  She was born Abt. 172164, and died June 1788 in Brixham, Devon65.

 

Notes for Susanna AULGAR:

Susanna WHEATON née AULGAR formerly MORRISH was married to John MORRISH before she married John WHEATON as a widow.  Susanna and John MORRISH had two children, Samuel who died in infancy and William.  William married and had a daughter Susanna Wheaton MORRISH and some of her TUCKERMAN descendants now live in Australia.

 

More About Susanna AULGAR:

Baptism: 1 October 1721, Brixham, Devon66

Burial: 5 June 1788, St Mary, Brixham, Devon67

       

Children of John WHEATON and Susanna AULGAR are:

8.              i.    John3 WHEATON, b. Abt. 1750, Brixham, Devon; d. 5 June 1839, Brixham, Devon Age 89.

                 ii.    Samuel WHEATON68, b. Abt. 1753, Brixham, Devon68; d. 1763, Brixham, Devon69.

 

More About Samuel WHEATON:

Baptism: 24 September 1753, Brixham, Devon70

 

                iii.    Susanna WHEATON71, b. Abt. 1756, Brixham, Devon71; d. July 1773, Brixham, Devon71.

 

More About Susanna WHEATON:

Baptism: 6 January 1756, Brixham, Devon72

Burial: 4 July 1773, St Mary, Brixham, Devon73

 

 

4.  Gilbert2 WHEATON (Thomas1)74,75 was born Abt. 1727 in Brixham, Devon76, and died October 1792 in Brixham, Devon77.  He married (1) Sarah JENKINS78 7 January 1755 in Brixham St Mary, Devon78,79.  She was born Abt. 173280, and died September 1760 in Brixham, Devon81.  He married (2) Elizabeth VITTERY82,83 20 December 1768 in Brixham St Mary, Devon84.  She was born Abt. 174285, and died 2 May 1815 in 1815 or 1816 Brixham, Devon Age 7385,86.

 

More About Gilbert WHEATON:

Baptism: 5 October 1727, Brixham, Devon87

Burial: 3 October 1792, St Mary, Brixham, Devon88

 

More About Sarah JENKINS:

Baptism: 5 October 1725, Brixham, Devon89

Burial: 16 September 1760, St Mary, Brixham, Devon90

 

Notes for Elizabeth VITTERY:

Elizabeth WHEATON née VITTERY formerly BAYLEY had been married before to Oades BAYLEY or BAILEY

 

Will of Elizabeth WHEATON née VITTERY formerly BAYLEY.  They had two children George Pretop BAYLEY and Susanna Vittery BAYLEY

 

- to son William WHEATON £100 for him to divide it between Elizabeth's daughter Susan KENNEDY and her children and to pay Elizabeth's Debts and expenses

- for son William to collect rents etc from various properties and to pay grand daughter Mary Lethbridge an annuity of £5 and grand daughter Elizabeth Necrosoff

- to son William WHEATON and his wife £200 to be invested.  The Dividends to be used for the maintenance and upbringing of Elizabeth Necrasoff, the daughter of the grand daughter Elizabeth Necrosoff until the age of 21 when the money should be given to her.  If she dies before the age of 21 the money goes to William and his wife to hold in trust for the great granddaughter Mary Wheaton Necrassoff.  If she dies before she is 21 the £200 goes to William and his wife.

- to William Wheaton and his wife several items of real estate subject to various other bequests which are to come from the rents etc from the properties.   These included the property known as Crews's and the Cross Houses as well as the Interest held in the "Manor or reputed Manor of Brixham".  After the death of William these were to go to Richard CREWSE and William BROWSE  for one thousand years from the date of Elizabeth's death, but they had to allow John Baddley. Elizabeth's grandson to live there for his life.  After his death his sons, "lawfully begotten", one after another, in order are to have hald of the rents from the property.  If no more sons, then the daughters are to share and share alike.  Next the rents are to go to Frederick BADDELY, then his sons (in order) followed by the daughters.  When there are no more daughters the rents were to do to the children of Elizabeth Necrassoff and Mary Lethbridge.  The other half of the rents etc were to go to Frederick BADDELY, then to Richard CREWSE and William BROWSE, then the sons (in order of Frederick BADDELY, then his daughters, then John BADDELY, then his sons and their sons in order, then the daughters, then the children of the grand daughter Elizabeth NECRASSOFF and Mary LETHBRIDGE

- if Richard CREWS and William BROWSE can raise the sum of two hundred pounds, and William Wheaton is dead, then one hundred of it should go to the eldest son of Elizabeth NECRASSOFF and one hundred pounds to the eldest son of Mary LETHBRIDGE.

- However, whoever received the rents, whether one or many, have to contribute £100 a year for eight years to be distributed between Grandchildren Jane Goodridge, wife of Richard GOODRIDGE, a purser in the Royal Navy, Susan LANGLEY, Elizabeth KENNEDY and David KENNEDY the children of my daughter Susan KENNEDY widow.

- to John BADDELY property called Proctors excluding the house and gardens

- to Frederick BADDELY property on site of Malt House in Brixham Quay, and dwelling houses in Upper Street, Brixham Quay

- to William WHEATON and John BADDELY the house Elizabeth lived in, with the rent to go to Elizabeth NECRASSOFF.  After her death the property to go to John.

- to William WHEATON and John BADDLEY two messuages etc called Scruner's Tenement, and a house at Brixham Quay to be sold when theu think fit and the money realised to be invested, the dividends to be paid to Elizabeth NECRASSOFF and after her death to her children

- to William WHEATON and John BADDLEY property at Brixham Quay called the Palace and the Smiths shop with tenements over to be sold, the money from the sale to be invested with the dividends being paid to Mary LETHBRIDGE.  After her death the interest was to be paid to her children.

 

Executor: William WHEATON

Codicil to Will (dated 6 Februayr 1815)

- left Household Effects to her great grand daughter Elizabeth Necrassoff, but her grand daughter Elizabeth could use them until the child reached twenty one years.

- Clock and Silver Tankard to Grandson Frederick Baddely

- Silver Plate unto my said Great Grand daughter Elizabeth Necrassoff as sonb as she attains the age of Twenty one years.

 

More About Elizabeth VITTERY:

Baptism: 13 February 1741/42, Brixham, Devon91

Burial: 13 May 1815, Brixham, Devon (1815 Eileen HAYNES, 1816 Michael BROWNING_92

Probate: 17 January 1822, Granted to John Colwell BADDELEY and Samuel LANGLEY both of Brixham, Gentlemen,  Executors and residuary legatees namesd in the Will of William Vittery WHEATON of Brixham, Gentleman, sole Executor who died without proving this Will.93,94

Will: 3 February 1815, See Notes95

       

Children of Gilbert WHEATON and Sarah JENKINS are:

                 i.    Gilbert3 WHEATON96, b. Abt. 1756, Brixham, Devon96; d. February 1756, Brixham, Devon97.

 

More About Gilbert WHEATON:

Baptism: 10 February 1756, Brixham, Devon98

Burial: 23 February 1756, St Mary, Brixham, Devon99

 

                 ii.    Deborah WHEATON100, b. Abt. 1757, Brixham, Devon100; d. October 1758, Brixham, Devon101.

 

More About Deborah WHEATON:

Baptism: 15 June 1757, Brixham, Devon102

Burial: 17 October 1858, St Mary, Brixham, Devon103

 

                iii.    Deborah WHEATON104, b. Abt. 1759, Brixham, Devon104; d. January 1792, Brixham, Devon105.

 

More About Deborah WHEATON:

Baptism: 1 January 1760, Brixham, Devon106

Burial: 10 January 1792, St Mary, Brixham, Devon107

 

       

Children of Gilbert WHEATON and Elizabeth VITTERY are:

               iv.    William Vittery3 WHEATON108, b. Abt. 1769, Brixham, Devon108; d. 12 January 1821, Great Yarmouth, Suffolk Age 52109,110; m. Elizabeth LAKEMAN111, 2 February 1799, Brixham St Mary, Devon111,112; b. Abt. 1766113; d. 4 August 1836, Age 70114.

 

Notes for William Vittery WHEATON:

In her Will, Elizabeth WHEATON, née VITTERY formerly BAYLEY left most of her property to her son William WHEATON and his wife Elizabeth with the intention that the rents and profits from such properties were to be paid to other members of the family.    John and Frederick BADDELY were also involved with William in carrying out the terms of the Will.  Although monies were left to various Grandchildren, the bulk of the inheritence was to go to Elizabeth NACRASOFF, Elizabeth's great grand daughter, with similar, although not quite as extensive bequests to go to her granddaughter Mary LETHBRIDGE.  William WHEATON was Executor of the Will, and therefore would have been responsible for ensuing that the care and education of these children was carried out.  However, when William died in 1821 (just six years after his mother) his mother's very complicated Will had not been proved.

 

In his Will dated the 25th April 1818 William Vittery WHEATON left the following:

- the house where he lived to his wife Elizabeth, also all Household Good, furnituere, beds, bedding, Table Linen, Plate, China and Glass together with horses, cows and farming implements, together wtih spirits, wines and all other liquors.  She was also to receive £6,000, £3000 to be paid twelve months after William's death and the other £3,000 at the end of two years.  She was also to receive the interest from various securities the the value of £100 for life.

- various properties were left to nephew Samuel LANGLEY and to William BROWN with some restrictions on some of the properties which were to be for the use of other relatives such as Jenney GOODRIDGE, Samuel's sister

- interest on securities were to be paid to Jenney GOODRIDGE, and on her death to her children

- £1,000 went to his sister Susanna KENNEDY's two children Elizabeth and David

- most of the estate was left to John Colwell BADDELEY.  This included 5 houses in Brixham Quay.  Again, there were restrictions concerning use, which included for the benefit of Elizabeth NACROSOFF, sister of John Colwell BADDELEY.

- Mary LETHBRIDGE was left £500 with interest paid yearly.

- Frederick BADDELEY was left £25 a year

- Residue of property and effects to go to John Colwell BADDELEY and Samuel LANGLEY

 

All property left to individuals were to be divided amongst their children when the parents died. 

William also confirmed all the bequests made by his mother in her Will

Executors were William BROWN of Dittisham, John Colwell BADDELEY, Samuel LANGLEY

Witnesses Richard CURSE, Elizabeth BALE, George LORE

 

More About William Vittery WHEATON:

Baptism: 15 May 1769, Brixham, Devon115

Burial: 31 January 1821, St Mary, Brixham, Devon116

Occupation: Merchant117,118

Will: 25 May 1818119

Will proved: 21 June 1821, London120

 

Notes for Elizabeth LAKEMAN:

The last Will and Testament

of me Elizabeth Wheaton of Brixham in the county of Devon Widow I give and bequeath unto my  Niece Elizabeth Lakeman daughter of my brother Stephen Lakeman of Brixham my gold watch and seals together with all my silver plate except as follows a silver cup marked Torquay March 1817 I give unto my Nephew William Wheaton Ball of Salcombe in the county of Devon I give and bequeath unto my sister Zant Brown of Chipton such silver table and tea spoons sugar tongs or as are marked E.S. together with my Mother's picture I give and bequeath unto my Sister Margaret Ball  of Salcombe in the county of Devon all my wearing apparol together with my rings broaches or and the pictures of my late husband and myself together with my bed linen I give and bequeath unto my neice Mary Bartlett Lakeman daughter of my brother Stephen Lakeman all my books together with my work box & tea caddys all the rest and residue of my real Estate freehold  and personal property  Estate and Effects and all monies owing to meat the time of my decease whatsoever or wheresoever or of what nature or  kindsoever  In fact everything that may  belong to me at my death except as above given I give and bequeath the same unto my brother Stephen Lakeman and his Son Thomas Lakeman  both of Brixham county of Devon whom I  constitute and appoint whole and sole Executers of this my last Will and  Testament upon trust for the payment of all my just debts  funeral expenses  ...... and if any Residue remains I give the same unto my said Executors  the aforesaid Stephen Lakeman and Thomas Lakeman  for their own use and benefit and lastly I revoke all former wills made by me and declare this to be my last Will and Testament  in witness whereof have this twenty seventh day of  July one thousand eight hundred and thirty three set my hand and seal -----Elizth Wheaton       ------ Signed seals and declared by the within named Elizabeth Wheaton as for her last Will and Testament in the presence of us who have hereunto subscribed our names  as witnesses thereto in the presence of the said testatrix and in the presence of each other  this twenty seventh day of July one thousand eight hundred and thirty three   Witnesses   Betsey Michelmore      Mary Elizabeth Michelmore     William Gorsley

 

                         A Codicil

Know all Men that I do hereby confirm all that is on the other side of this half sheet of paper as my last will and testament  and as an explanation I do hereby declare that what is given unto my Executors Stephen Lakeman & Thomas Lakeman is given unto them & their assigns for ever to pay my just debts & funeral expences Signed and Sealed  by me this seventh day of June one thousand eight hundred and thirty six          Elizth Wheaton      Signed Sealed & declared by the within named Elizabeth Wheaton as part of and being an explanation to the last Will and Testament in the presence of us who have hereunto subscribed  our names as Witnesses in the presence of the said testatrix and in the presence of each other this seventh day of June 1836     Witnesses          Betsey Michelmore      Mary Elizabeth Michelmore     William Gorsley

 

Proved at London with a codicil 29th  December 1836 before the Judge by the oath of Thomas Lakeman the nephew one of the Executors to whom Admon was granted having been first sworn by common duly to administer power reserved of making the like grant to Stephen Lakeman the brother the other Executor whom he shall apply for the same

 

 

 

 

More About Elizabeth LAKEMAN:

Burial: 8 August 1836, St Mary, Brixham, Devon121,122

Will: 27 July 1833, Brixham, Devon plus codicil dated 7 June 1836 See notes123,124

Will proved: 29 December 1836, To Thomas LAKEMAN, nephew of one of the executors124,125

 

9.             v.    Elizabeth WHEATON, b. Abt. 1770; d. Unknown.

               vi.    Mary WHEATON126, b. Abt. 1771126; d. May 1789127.

 

Notes for Mary WHEATON:

The information received from Michael BROWNING suggests that Mary died and was buried in 1789.

The information received from Eileen HAYNES has Mary married on the 22 October 1797 in Brixham, Devon to William EVENS

 

More About Mary WHEATON:

Baptism: 4 March 1771, Brixham, Devon128

Burial: 9 May 1789,  Brixham, Devon129

 

               vii.    Gilbert WHEATON130, b. Abt. 1773130; d. Unknown.

 

More About Gilbert WHEATON:

Baptism: 8 July 1773, Brixham, Devon131

 

 

5.  Jane2 WHEATON (Thomas1)132 was born Abt. 1734 in Brixham, Devon132, and died Unknown.  She married William MAY132 3 March 1763 in Brixham St Mary, Devon133,134,135.  He was born Abt. 1731136, and died Unknown.

 

More About Jane WHEATON:

Baptism: 22 February 1734/35, Brixham, Devon137

 

More About William MAY:

Baptism: 13 January 1730/31, Brixham, Devon138

       

Child of Jane WHEATON and William MAY is:

                 i.    Jane3 MAY138, b. Abt. 1764139; d. Unknown; m. Stephen RICHARDSON140; b. Abt. 1759141; d. Unknown.

 

Notes for Stephen RICHARDSON:

Information from Marcus RICHARDSON 6/9/2004

Stephen was the 5th great grandfather of Marcus RICHARSON from a line of Brixham RICHARDSONs - a ship building family for many generations.

 

 

Generation No. 3

 

6.  John3 WHEATON (Thomas2, Thomas1)142,143,144 was born Abt. 1746 in Brixham, Devon145, and died September 1790 in Brixham, Devon146.  He married (1) Julian SMITH147 29 September 1784 in Brixham St Mary, Devon148.  She was born Abt. 1741149, and died August 1789 in Brixham, Devon150.  He married (2) Sarah PRESCOTT151 30 December 1789 in Brixham St Mary, Devon151.  She was born Abt. 1769152, and died Unknown.

 

More About John WHEATON:

Baptism: 22 July 1746, Brixham, Devon153

Burial: 15 September 1790, St Mary, Brixham, Devon154

Occupation: Fishmonger

 

Notes for Julian SMITH:

Julian WHEATON née SMITH formerly AUSTIN had been married before to James AUSTIN before she married John WHEATON.

 

More About Julian SMITH:

Baptism: 21 July 1741, Paignton, Devon155

Burial: 18 August 1789, St Mary, Brixham, Devon156

 

Notes for Sarah PRESCOTT:

After the death of her husband, John WHEATON, Sarah married a John ELLIOTT

       

Child of John WHEATON and Julian SMITH is:

10.            i.    John Wheaton AUSTIN or John Austin4 WHEATON, b. Abt. 1784, See Notes; d. Bet. October - December 1850, Liverpool District, Lancashire (possible death or March 1858 both as John).

 

 

7.  Elizabeth3 WHEATON (Thomas2, Thomas1)157 was born Abt. 1751 in Brixham, Devon157, and died 13 October 1815 in St Mary, Brixham, Devon158.  She married Robert BURMAN159,160,161 15 August 1774 in Brixham, Devon.  He was born Abt. 1746 in Brixham, Devon162,163, and died 20 February 1834 in St Mary, Brixham, Devon163.

 

More About Elizabeth WHEATON:

Baptism: 16 April 1751, St Mary, Brixham, Devon164

 

More About Robert BURMAN:

Baptism: 30 January 1745/46, Brixham, Devon164

Burial: 20 February 1834, St Mary, Brixham, Devon (same date as death)164

       

Children of Elizabeth WHEATON and Robert BURMAN are:

                 i.    Jane Wheaton4 BURMAN164, b. Abt. 1775, Brixham, Devon164; d. Unknown.

 

More About Jane Wheaton BURMAN:

Baptism: 7 February 1775165

 

                 ii.    Betsey BURMAN166, b. Abt. 1776, Brixham, Devon166; d. Unknown; m. John LOVELL167; b. Abt. 1771168; d. Unknown.

 

More About Betsey BURMAN:

Baptism: 2 December 1776169

 

                iii.    Ann Wheaton BURMAN170, b. Abt. 1784, Brixham, Devon170; d. Unknown; m. William POPHAM171; b. Abt. 1779172; d. Unknown.

 

More About Ann Wheaton BURMAN:

Baptism: 12 August 1784173

 

               iv.    Mary BURMAN174, b. Abt. 1788, Brixham, Devon174; d. Unknown.

 

More About Mary BURMAN:

Baptism: 4 July 1788175

 

 

8.  John3 WHEATON (John2, Thomas1)176,177 was born Abt. 1750 in Brixham, Devon178, and died 5 June 1839 in Brixham, Devon Age 89179,180.  He married (1) Agnes COLLYER181 4 February 1776 in Brixham St Mary, Devon182.  She was born 10 October 1749 in Brixham, Devon183, and died 27 January 1827 in Brixham, Devon Age 78183,184.  He married (2) Ann UNKNOWN wife of W FURZE & John WHEATON185,186 29 February 1828 in St Mary Brixham, Devon187.  She was born Bet. 1753 - 1754 in (Name possible SAYER/SAWYER - Eileen HAYNES 18/2/2001)188, and died 5 February 1840 in Brixham, Devon Age 86189,190,191.

 

Notes for John WHEATON:

Addresses

1827        Bixham, Devon

 

The last Will and Testament

of me John Wheaton of Brixham Quay in the parish of Brixham in the county of Devon Mariner made and published this fifth day of November one thousand eight hundred and thirty five first I will and direct that all my just debts and funeral expences and the expence of proving this my will be paid and discharged I give devise and bequeth unto my dear wife Ann Wheaton all that messuage tenament or dwelling house and garden with its appurtinances situate lying and being in the New Road within the parish of Brixham aforesaid wherein I now reside for and during her natural life also all my household goods and furniture beds and bedding plate linen and china of every sort and description whatsoever in my said house and all the vegetable ..... and other things in the said garden for and during her natural life and from and after her descease I give and devise the same unto Walter Smith the Elder of Brixham aforesaid  Fish Merchant and Thomas Wood of the same place Gentleman their heirs and assigns upon trust as hereinafter is mentioned  (but I order and  direct that  the executors or admors of my said wife shall have the possession and use of  my said house and garden and household goods and furniture for the space of one month next after her descease)  Also I give and bequeath unto my said wife Ann Wheaton her executors administrators or assigns the sum of two hundred pounds of lawful British money and do hereby make subject and liable all my monies and securities for money freehold and leasehold Estates to and with the payment of the same and do order and direct that the same be paid within one month after my decease I give and bequeath unto my Grandson John Wheaton son of my late Son Samuel Algar Wheaton the sum of  two hundred pounds and do hereby make liable and subject the whole of my freehold and household Estates to and with the payment of the same I give and devise unto the said Walter Smith and Thomas Wood their heirs and assigns all those my four newly built messuages tenements or dwelling houses with their and every  of their appurtenances situate at Brixham Quay in a Street there called Paradise Street  And also all those my two ffields or closes of lands normally called or known by the names of the two B............. or by whatsoever other name or names the same are now called or known with their appurtenances situate in the parish of Brixham aforesaid And also all that messuage tennament or dwelling house and garden with their and every of their appurtenances situate lying and being in the New Road  within the parish of  Brixham aforesaid  wherein I now reside  (but subject to the Estate for life herein before devised to my said wife and to the use and possession thereof for one month after her decease which her executors or administrators are to have by this my will) and all other my messuages lands tenements and hereditaments whatsoever to hold the same unto the said  Walter Smith and Thomas Wood their heirs and assigns for ever upon the trusts and to and for the uses intents and purposes hereinafter mentioned  expressed  and  declared of  and  remaining the same that is to say as to our undivided  ninth part thereof upon trust and for the only use and benefit of my daughter  Susanna now the wife of  Moses Tyrer her heirs and assigns for ever to whom I give and devise the same  And as to our other undivided ninth part thereof upon trust and for the only use and benefit  of my daughter Agnes the wife of John Dorout her heirs and assigns for ever to whom I give and devise the same and as to our other undivided ninth part thereof upon trust and for the only use and benefit of my (the following was a note in the margin: "daughter Mary the wife of William Austin her heirs and assigns for ever to whom I give and devise the same and as to our other undivided ninth part thereof upon trust and for the only use and benefit of my son John Wheaton his heirs and assigns for ever to whom I give and devise the same and as to our other undivided ninth part thereof upon trust and for the only use and benefit of my") son Nicholas Wheaton his heirs and assigns for ever to whom I give and devise the same And as to our other undivided ninth part thereof upon trust and for the only use  and benefit of the three children of my deceased daughter Jane Jooller (whose names I cant recollect) their heirs and assigns for ever as tenants in common and not as joint tenants to whom I give and devise  the same But in case any or either of the said three children shall happen to die under the age of twenty one years without leaving issue lawfully begotten then the share or shares of  such one or more so dying shall go to and belong to the survivors or survivor of them their his or her heirs and assigns for ever And as to our other undivided ninth part thereof (which  I intended for my daughter Elizabeth the widow of Thomas Ffurze deceased ) upon trust and for the use and benefit  of my seven grandchildren children of the said Elizabeth Ffurze that is to say Thomas Ffurze James Sawyer Ffurze Elizabeth Wheaton Ffurze  Mary Ann Ffurze John Wheaton Ffurze Salome Ffurze and William Ffurze  their  heirs and assigns for ever  as  tenants in common and not as joint tenants to whom I give and devise the same But in case any or all of the said seven children shall happen to die under the age of twenty one years without leaving issue lawfully begotten then the share or shares of such one or more so dying shall go to and belong to the survivors or survivor of them their his or her heirs and assigns for ever and  as to our other undivided ninth part thereof upon trust and for the only use and benefit of my daughter Ann the wife of George Turner Lewis her heirs and assigns for ever to whom I give and devise the same And as to the remaining undivided ninth part thereof upon trust and to and for the only use and benefit of my Grandson John Wheaton son of my late deceased son Samuel Algar  Wheaton his heirs and assigns for ever to whom I give and devise the same And my Will  and meaning further is and I do direct and declare that the parts or shares so given and devised to my said daughters Susanna the wife of the said Moses Tyrer Agnes wife of the said John Dorout Mary the wife of the said  William Austin and Ann the wife of the said George Turner Lewis shall not be subject or liable to the ...... debts forfitures or .......of their respective present or any after taken husbands but be for their own respective sole and absolute use and benefit and be conveyed and disposed as they may respectively by Deed or Will  direct or appoint notwithstanding their respective coverture and subject as aforesaid   I give and bequeath  my household goods and furniture (But subject to the Estate for life hereinbefore  bequeathed to my said wife and to the use thereof for one month after her decease which her executors or administrators are to have by this my will) and all other my goods chattels monies and securities for money personal and testamontary  Estate and Effects whatsoever unto the said Walter Smith and  Thomas Wood their executors and  administrators upon the following trusts that is to say upon trust to pay apply and dispose of our ninth part thereof to my said daughter Susanna the wife of the said  Moses Tyrer or unto such person or persons and for such uses and purposes as she shall at any time or times or from time to time notwithstanding her coverture by any note or notes writing under her hand direct or appoint  And upon trust to pay apply and dispose of our other ninth part thereof unto my said daughter Agnes the wife of the said  John Dorout or to such person or persons  and for such uses and purposes as she shall at any time or times  or from time to time notwithstanding her coverture by any note or notes in writing under her hand direct or appoint  And upon trust to pay apply and dispose of our other ninth part thereof unto my said daughter Mary the wife of the said  William Austin or to such person or persons and for such uses and purposes as she shall at any time times or from time to time notwithstanding her coverture by any note or notes in writing under her hand  direct or appoint  And upon trust  to pay apply  and dispose of our other ninth part thereof  unto my son John Wheaton and upon trust to pay apply and dispose of  our other ninth part thereof  unto my son the said Nicholas Wheaton and upon trust to pay apply and dispose of  our other ninth part thereof unto the said three children of my said deceased daughter Jane Jooller in equal shares and proportions  and in case any or other of the said three children shall happen to die under the age of twenty one years without issue lawfully begotten then the share or share of such one or more so dying shall go to and belong to the survivors or survivor of them  And  upon trust to pay apply and dispose  of our other ninth part thereof  which I intended for my daughter Elizabeth the widow of the said Thomas Ffurze deceased unto the said seven grandchildren children of my said daughter Elizabeth that is to say Thomas Ffurze  James Sawyer Ffurze Elizabeth Wheaton Ffurze  Mary Ann Ffurze John Wheaton Ffurze Salome Ffurze and William Ffurze in equal shares and proportions and in case any or other of the said seven children shall happen to die under the age of twenty one years without issue lawfully begotten then the share or shares of such  one or more so dying shall go to and belong to the survivors or survivor of them And upon trust to pay apply and dispose of our other ninth part thereof  unto my said daughter Ann the wife of the said George Turner Lewis or to such person or persons and for such uses and purposes as she shall  at any time or times or from time to time notwithstanding her coverture by any note or notes in writing under her hand direct or appoint and upon trust to pay apply and dispose of the remaining ninth part thereof unto my said Grandson the said  John Wheaton in addition to what I have hereinbefore given and bequeathed and devised to him and my will and meaning further is and  I do declare that the provision hereby made for the benefit of my said Grandson the said John Wheaton is to be  considered by him in lieu and in discharge of  the money I had of his father's when he died and the interest that has assured thereon as well as of his father's share as one of my children  And it is my will and  meaning that my said Trustees or either of them shall not be liable to answer or make good any loss or losses that shall or may happen to the said Estates or any other thing relating to the execution of the trusts thereby in them reposed unless the same happen by or thro their or either of their wilful neglect or default nor shall either of them be answerable or accountable for the .... goods receipts or disbursomonts of the other of them but each of them for his own separate acts deeds receipts & disbursomonts And I do hereby direct that they my said Trustees shall and may pay and reimburse themselves and himself out of the said trust monies and estates all reasonable and  necessary costs charges and expenses whatsoever that they or either of them shall or may bear pay lay out sustain expound or be put unto in or about the execution of this my will or the trusts hereby in them reposed or in any wise relating thereto  And I further desire that my said trustees will manage and  protect the property of my said three Grandchildren children of my said deceased daughter Jane Jooller during their respective minorities as well as the property of my seven Grandchildren children of my said daughter Elizabeth Ffurze as aforesaid during their minorities and will apply so much of oath one's property as may be requisit for him her or them which shall be allowed  on my said trustees in their amount out of oath  one's respective share  And I do hereby nominate constitute and appoint  my said Trustees the said Walter Smith and Thomas Wood  Executors  of this my last Will and Testament upon the trusts aforesaid  hereby revoking and making void  all former and other wills by me at any time theretofore made in witness whereof I the said John Wheaton the Testator have to the first five sheets of this my Will  contained in six sheets of paper set my hand and to this sixth and last sheet  thereof my hand and seal the day and year above written             John Wheaton          signed sealed published  and declared by the said John Wheaton  the Testator as and for his last Will and Testament in the presence of us who at his ....... in his presence and in the presence of each other and all  interlineations? being first made have subscribed our names as Witnesses thereto              Chr Furneaux        Richd Spuring    Joseph Easton

 

This is a Codicil  to the last Will and Testament of me  John Wheaton of Brixham in the county of Devon Mariner which Will  bears date the fifth day of November one thousand eight hundred and  thirty five whereas in and by my said Will I have given and devised certain messuage lands tenements and hereditaments unto my Trustees therein named their heirs and assigns upon trust as to our undivided ninth part thereof  for the own use and benefit of  my Grandchildren  (the children of my daughter Elizabeth Ffurze)  their heirs and assigns for ever  Now I do by this Codicil  revoke and make void  the said gift and devise made by my said Will in favor and in behalf of my said Grandchildren And I do by this Codicil  further declare and direct that my said Trustees named in my said Will shall hold the said our undivided ninth part upon trust for the only use and benefit of my said  daughter Elizabeth Ffurze her heirs and assigns for ever  And I hereby declare my said  Will bearing date the fifth day of November one thousand eight hundred and thirty five and this my Codicil annexed thereto  to remain my last Will and Testament In witness whereof  I have to this Codicil set my hand and seal  this seventh day of May one thousand   eight hundred and thirty nine  The Mark of John Wheaton    Signed Sealed and  published by the said John Wheaton as and for a Codicil  to be added to and taken as part of 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 subscribed our names as witnesses thereto The Mark X of  Elizabeth Brinham,  Annie Gillard        Lewis Gillard