Source: TNA, PROB 11/2049
Also, if you are a male Pike/Pyke (or you know one) who may be willing to do a genealogical DNA test, then please check out the Pike DNA Project for which I am a volunteer coordinator. There are several Pike/Pyke families that are not yet represented in the project, and for whom participants are wanted.
This is the last Will and Testament of me Anthony Pike of Bulland in the Parish of Antony Saint Jacob in the County of Cornwall Gentleman I give and bequeath all that my leasehold tenement with the appurtenances called Wilcove Haven Parks situate in the Parish of Antony St Jacob and County of Cornwall aforesaid now in the occu- pation of Mr Harvey and others and all the term estate and interest which I may have or be entitled to of and in the same at the time of my decease unto my sons William Pike and Anthony Pike as tenants in common and not as joint tenants and their respective executors administrators and assigns absolutely subject nevertheless and I do hereby charge the said tenement and premises to and with the payment to my son Thomas Pike and Peggy Pike his present wife yearly and every year during their joint lives (if the said term estate and interest of and in the said tenement shall so long endure) and from and after the decease of such one of them the said Thomas Pike and Peggy his wife as shall first happen to die then unto the survivor of them yearly and every year for and during his or her life (if the said term estate and interest of and in the said tenement shall so long endure) of one full and equal third part share or proportion of the net rents issues and annual proceeds of the said tenement (after deducting thereout all outgoings and incidental expences) by equal quarterly payments in each and every year the first of such quarterly payments to be made on such one of the usual quarter days (namely Ladyday Midsummer Michaelmas or Christmas day) as shall happen next after my decease and I will and direct that the said one third part of the said net rents issues and annual proceeds shall from time to time be paid into the proper hands of the said Thomas Pike and Peggy his Wife or the survivor of them whose receipt or receipts shall alone be a good and sufficient discharge or discharges for the same and I do hereby declare that any and every sale disposition alienation or assign- ment thereof by the sais Thomas Pike and Peggy his wife or either of them or by the survivor of them shall be void and of no effect and from and after the decease of the survivor of them the said Thomas Pike and Peggy his wife I do hereby charge the said tenement and premises with the pay- ment to my said sons William Pike and Anthony Pike and the survivor of them his executors or administrators of the like one full third part share or proportion of the said net rents issues and annual proceeds thereof after such deductions as aforesaid yearly and every year by equal quarterly pay- ments as aforesaid until my Grand children Edward Anthony Pike and Sarah Pike (children of the said Thomas Pike) shall both have attained the age of twenty one years (in case of the death of either of them before both shall have attained the said age of twenty one years) then until the survivor of them my said Grand children shall have attained the said age or (in case of the death of both of my said Grandchildren before either of them shall have attained the said age of twenty one years) then until the death of the survivor of them my said Grandchildren (Provided as to all the said cases the said terms estate and interest of and in the said tenement with the appurtenances shall so long endure) upon Trust that they my said sons William Pike and Anthony Pike or the survivor of them his executors or administrators do and shall from time to time pay and apply the said one third part share or proportion of the said net rents issues and annual proceeds in and towards the maintenance and education of my said Grand children until the elder of them shall attain the age of twenty one years and from and after the happening of that event do and shall pay and apply one moiety of the said one third part of the said net rents issues and Annual proceeds in and towards the maintenance and education of the younger of my said Grandchildren until he or she shall attain the age of twenty one years and pay the other moeity thereof into the proper hands of the elder of them my said Grandchildren his or her executors adminis trators or assigns until the younger of them my said Grandchildren shall attain the age of twenty one years but in case either of my said grand children shall happen to die under the said age of twenty one years do and shall pay and apply the said one third part of the said net rents issues and annual proceeds in and towards the maintenance and educa- tion of the survivor of them my said Grandchildren until he or she shall attain the age of twenty one years and I do hereby declare that the receipt or receipts of the said William Pike and Anthony Pike or the survivor of them his executors or administrators for the said one third part share or proportion of the said net rents issues and annual proceeds or any part or parts thereof shall from time to time during the continuance of the aforesaid trust be a good and sufficient discharge or discharges to the person or persons paying the same his her or their executors and administrators who shall not afterwards be obliged to see to the application nor be answer- able or accountable for the loss misapplication or nonapplication of the same or any part thereof and from and after the death of the survivor of them the said Thomas Pike and Peggy his wife and after my said Grandchildren shall both have attained the said age of twenty one years I hereby charge the said tenement and premises with the payment of the like one full and equal third part of the net rents issues and annual proceeds of the said tene- ment and premists (after such deductions as aforesaid) unto my said Grand children in equal moieties as tenants in common and their respective executors administrators and assigns yearly and every year by equal quarterly payments as aforesaid for and during the then residue of the said term estate and interest of and in the said tenement and premises but in case either of my said Grandchildren shall happen to die under the said age of twenty one years then from and after the survivor of them shall have attained the said age I hereby charge the said tenement and premises with the payment of the like one full and equal third part of the net rents issues and annual proceeds of the said tenement and premi- ises (after such deductions aforesaid) unto such survivor of them my said Grandchildren his or her executors administrators and assigns yearly and every year by equal quarterly payments as aforesaid for and dur- ing the then residue of the said term estate and interest of and in the said tenement and premises and I give to the several persons who shall for the time being be entitled to receive the said one third part of the said net rents issues and annual proceeds of the said tenement and premises under or by virtue of this my will such and the like powers and remedies of distress (in case the said one third part of the said net rents issues and annual proceeds or any part thereof shall be in arrear for the space of fourteen days) and of entry upon and detention of possess- ion and perception of rents and profits (in case the same shall be in arrear for the space of twenty one days) of the said tenement and premises for recovery thereof when in arrear as are usually given to persons to whom rent charges are limited in marriage or other settle- ments Provided always and I do hereby declare that the power lastly hereinbefore contained shall not be exercised by the said Thomas Pike and Peggy his wife or either of them or by the survivor of them whilst the said tenement and premises shall remain the property of my said sons William Pike and Anthony Pike their executors or administrators under or by virtue of this my will and I give and bequeath all those my two tenements with their appurtenances called Lower Tregantle situate in the Parish of Anthony Saint Jacob in the County of Cornwall aforesaid and all the terms estates and interests which I may have or be entitled to of or in the same respectively at the time of my decease unto my Sons John Pike and the said William Pike their executors administrators and assigns upon trust that they the said trustees or the survivor of them his executors or administrators or their or his assigns do and shall pay the net rents issues and annual proceeds thereof (after deducting thereout all outgoings and incidental expences) from time to time as and when the same shall be received and gotten in into the the proper hands of my said Son Thomas pike for and during his natural life If the said terms estates and interests of and in the said last mentioned tenements and premises respectively shall so long endure and I do hereby declare that the receipt or receipts of the said Thomas Pike shall alone be a good and sufficient discharge or dischar- gest to the said Trustees or trustee for the time being for the said last mention- ed rents issues and annual proceeds and that any and every sale disposition alienation or assignment of the same by the said Thomas Pike shall be void and of no effect and from and after the decease of the said Thomas Pike do and shall pay and apply the said last mentioned net rents issues and annual proceeds in and towards the maintenance and education of my Grandson Thomas Pike Son of my said Son Thomas Pike until my said Grandston Thomas Pike shall attain the age of twenty one years and when and as soon as he shall attain the age of twenty one years do and shall assign the said two tenements with their appurtenances called Lower Tregantle unto him my said Grandson Thomas Pike his executors ad- ministrators and assigns absolutely for the then residue of the said terms estates and interests then therein respectively to come and unexpired Provided always and I do hereby declare that it shall be lawful for the said trustees or trustee for the time being from time to time during the life of my said son Thomas Pike and the minority of my said Grandson Thomas Pike by any deed or deeds to demise and lease all or any part or parts of the said two tenements with the appurtenances called Lower Tregantle to any person or persons for any term of years absolute not exceeding twenty one years in possession and not in reversion so as that there be reserved in every such lease payable during the estate thereby created the best yearly rent or rents to be incident to the immediate reversion of the premises so to be leased that can be reasonably gotten for the same without taking any fine premium or foregift for the making thereof and so that there be therein respectively contained a clause in the nature of a condition of reentry for nonpayment of the rent or rents thereby to be respectively rserved in case the same shall remain unpaid for any space not exceeding thirty days and so that the person or persons named therein as lessee or lessees do execute a counterpart or counterparts thereof respectively and do thereby covenant for the due payment of the rent or rents thereby to be respectively reserved and be not by and words therein to be contained made dispunishable for waste and I give and bequeath to my said Grandson Thomas Pike the sum of three hundred pounds stock three and a half per cent reduced Bank annuities to my said Grandson Edward Anthony Pike the sum of One hundred pounds stock three and a half per cent reduced Bank annuities To my said Granddaughter Sarah Pike the sum of fifty pounds stock in three and a half per cent reduced Bank annuities which said three several last mentioned legacies I direct to be transferred or paid to my said Granchildren respetively on their respectively attaining the age of twenty one years with interest thereon respectively at the rate of three pounds per centum per annum to be computed from the day of my decease and I give and bequeath to my said Son Thomas Pike the sum of fifty pounds stock three and a half per cent reduced Bank annuities to be transferred or paid to him at the expiration of three calendar months next after my decease and I give and bequeath to my said Son William Pike the sum of five hundred pounds stock three and a half per cent reduced Bank annuities to my said Son Anthony Pike the sum of five hundred pounds stock three and a half per cent reduced bank annuities and to my daughter Sally Lyne Widow the sum of four hundred pounds stock three and a half per cent reduced Bank annuities which said three last mentioned legacies respectively I direct to be transferred or paid to the several legatees thereof at the expiration of six calendar months next after my decease and as to all the rest residue and remainder of my leasehold estates (including the estate of Bulland with its appurtances on which I now reside) monies securities for money money in the public stocks or funds or in the hands of Bankers debts due and owing to me household goods and furniture and other my goods and chattels and personal estate and effects whatsoever and wheresoever which I may be possessed of interested in or intitled unto at the time of my decease or which I have power to dispose of by this my will (except such personal estate as is or may be vested in me upon any trusts or by way of mortgage) and all the terms estates and interests which I may have therein respectively at the time of my decease I give and bequeath the same and every part thereof unto my son the said John Pike his executors administrators and assigns absolutely subject nevertheless to the payment thereout of all my just debts and my funeral and testamentary expences and I give devise and bequeath all the estates vested in me upon any trusts or by way of mortgage and which I have power to dispose of by this my will with their appurtenances unto and to the use of the said John Pike his heirs executors administrators and assigns according to the nature and quality thereof respectively upon trust to hold or dispose of the said trust estates in the manner in which they ought to be held or disposed of p??uant to the said trusts and upon payment of the money secured on mortgage to convey or assign the estates in ??? mortgage to the person or persons entitled there to for the time being and upon receipt of the monies thereby secured to apply the same respectively as part of my residuary personal estate hereinbefore bequeathed and I appoint my said son John Pike sole Executor of this my will Provided always and I do hereby declare that the receipt or re- ceipts of my said several trustees or trustee for the time being for any money payable to them or him under this my will shall effectually discharge the person or persons to whom the same shall be respectively given from being obliged to see to the application or from being answerable or accountable for the loss misapplication or nonapplication of the money therein respective- ly mentioned to be received Provided always and I do hereby declare that as often as the trustees hereby appoint or to be appointed as hereinafter is mentioned or any or either of them or their or any or either of their heirs executors administrators or assigns shall die or desire to be dischar- ged from or refuse or decline or become incapable to act in the trusts hereby in them respectively reposed before the said several trusts shall be fully executed it shall be lawful for the then surviving or continu- ing trustees or trustee or the executors or administrators of the last survi- ving or continuing trustee by any deed or deeds instrument or instruments in writing to be by them or him sealed and delivered in the presence of and attested by two or more credible witnesses from time to time to appoint any new trustee or trustees in the place of the trustee or trustees so dying or desiring to be dishcharged or refusing declining or becoming in- capable to act as aforesaid and upon the appointment of every new trustee such of the said several trust estates mones and premises as shall be then subject to the trusts hereby reposed in the trustee in whose room he shall be substituted shall be thereupon with all convenient speed legally and effectually vested in such new trustee or trustees either solely or jointly with the surviving or continuing trustee or trustees as occasion shall require To the uses upon and for the trusts intents and purposes hereinbefore declar- ed and contained of and concerning the same trust estates monies and premises or such of the said uses trusts intents and purposes as shall be then subsisteing and every such new trustee shall have all the powers of the trustee in whose room he shall be substituted Provided always and I do hereby declare that the said several trustees hereby appointed and to be appoint- ed as aforesaid and every of them ^ shall be chargeable respectively for such ^ and the heirs executors administrators and monies only as they respectively shall actually receive by virtue of the assigns of them and every of them trusts hereby in them reposed notwithstanding their or any of their sign- ing or joining in signing any receipt or receipts for the sake of conformity and any one or more of them shall not be answerable for the other or others of them or for involuntary losses and also that it shall be lawful for them with and out of the monies which shall come to their respective hands by virtue of the several trusts aforesaid to retain to and reimburse themselves respectively and also to allow to their respective cotrustee or cotrustees all damages and expences which they or any of them shall or may suffer disburse or be put unto in or about the execution of the aforesaid trusts or in relation thereto And Lastly I do hereby revoke all wills codicils and other testamentary dispositions made by me at any time heretofore and declare this to be my last Will and Testament In Witness whereof I have to each and every of the foregoing sheets of this my will contained in eight sheets of paper subscribed my name and to this eighth or last sheet set my hand and seal this eighteenth day of May in the year of Our Lord One thousand eight hundred and forty Anthony Pike LS Signed Sealed Published and declared by the said Testator Anthony Pike 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 subscribed our names as witnesses thereto (the same having been first read over to him when he appeared perfectly to understand the same J Trenhaile Jno L L Sole } Clerks to Mr Sole Solicitor Devonport Proved at London 2d January 1847 before the Judge by the Oath of John Pike the Son the sole Executor to whom Admon was granted having been first sworn by Commission duly to Administer
Last Modified: Sunday, 19-Apr-2020 12:07:54 NDT