1818 Will of John Pike of Bathwick (proved 28 May 1821)

The original will can be obtained online from The National Archives.

Source: TNA, PROB 11/1643

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I John Pike of the Parish of Bathwick in the County
of Somerset Gardener being of sound and disposing mind memory and
understanding for which I am deeply thankful to Almighty God Do make
publish and declare this to be my last will and Testament in manner
following that is to say First I will and direct that all my just debts
funeral expences and the costs and charges of proving this my will be
paid by my Executors as soon as conveniently can be after my decease I
give and bequeath all and singular my household goods furniture
implements of household plate linen woollen china books prints



pictures drawing wines and other liquors and all other my household effects
unto my sons John Pike and George Pike and my daughters Mary
Elizabeth Martha and Ann Pike equally to be divided between them
share and share alike I give and bequeath the sum of one thousand
two hundred pounds Navy five per cent Bank annuities unto the sd
John Pike George Pike and Robert Carpenter of Trim street in
the City of Bath accomptant their executors administrators and
assigns upon the trusts and to and for the intents and purposes herein
after mentioned that is to say upon trust to pay the dividends
interest and annual proceeds thereof unto my said daughter Mary for
and during the term of her natural life to and for her own sole and
separate use ^ independant of any husband with whom she may happen                  ^ and benefit
to intermarry and my will is that her husband shall not intermeddle
therewith neither shall the same be subject or liable to his controul
debts or engagements and that the receipt of my said daughter Mary
signed with her proper hand shall from time to time be alone a good
and sufficient discharge for so much of the said dividends interest and
proceeds as shall be therein be acknowledged or expressed to be be received and
from and after the decease of my said daugther mary leaving a
husband her suriving Then upon trust to pay such dividends
itnerest and proceeds unto her said husband for and during the term of
his natural life Provided she shall by her last will and Testament in
writing or any writing in the nature of or purporting to be her last will
and Testament direct or appoint the said dividends interest and proceeds
to be so paid to her said husband as aforesaid but not otherwise and in
defulat of such direction or apopintment or in case of any such direction
or appointment then from and after the decease of her said husband or
in case my said daughter shall not have any husband her surviving
Then from and after the decease of my said daughter upon trust to
pay apply or assign and transfer the said sum of one thousand two
hundred pounds Navy five per cent Bank annuities unto and amongst
all and every the child and children of my said daughter lawfully to be
begotton to be equally divided between and amongst them if more than
one share and share alike and if but one then to such only child at his
her or their age or ages of twenty one years unless such times for
payment shall happen in the life time of my said daughter and her
husband or either of them and in such case the part or share of such
of them as shall so attain the age of twenty one years shall be paid
immediately after the decease of the survivor of them my said
daughter and her husband Provided nevertheless and I do hereby
declare that in default of any such direction or appointment by my
said daugther in favor of her husband in manner aforesaid Then
the part or share of such of her said children as shall attain the
age of twenty one years in her lifetime shall be paid immediately
after he decease And that if any such child or children shall happen
to depart this life under the age of twenty one years Then the share
or shares of him her or their so dying shall go and be paid to the
survivor or survivors of them at such time or times as his her
or their original share or shares shall become payable and my
will is that all and every the share and shares so directed to
survive shall from time to time survive together with the
original share and shares until such original share and shares
shall become payable And upon further trust in the mean time
after the decease of my said daughter Mary Or in the event of
any direction or apopintment by her in favor of her husband
in manner aforesaid Then after the decease of the survivor of
them my said daughter and her husband to pay and apply all



or any part or parts of the said dividends interest and proceeds of
the said sum of one thousand two hundred pounds Navy five per
cent annuities for and towards the maintenance and education of
such child or children until their respective shares thereof shall
become payable in proportion to their respective shares of the
dividends interest and proceeds in the said Navy five per cent
annuities [to accumulate to and for the use and benefit of him her or    ]             [ <-- crossed out ]
[them so under age as aforesaid and which accumulations are to be        ]
[subject to the like contingences and to be payable and paid assigned or ]
[transferred to him her or them at such time and in such manner as       ]
[whereinbefore directed] And in case there shall be no child or
children of my said daughter or there being such all and every
such child or children shall depart this life under the age of
twenty one years Then upon trust to pay and apply or assign and
transfer the said sum of one thousand two hundred pounds unto
and equally between my said sons John and George and my said
daughters Elizabeth Martha and Ann Pike share and share
alike as teneants in common and not as joint tenants But in case
either of my said sons and daughters shall be then dead leaving any child
or children then I will and direct that the part or share of him or her so
dying shall be paid or assigned and transferred unto and equally between his
or her child and children if more than one share and share alike and if But
one then to such only child as and when he she or they shall respectively
attain the age of twenty one years I give and bequeath the sum of
one thousand pounds Navy five per cent annuities unto the said
John Pike George Pike and Robert Carpenter their executors
administrators and assigns upon the trusts and to and for the intents and
purposes hereinafter mentioned that is to say upon trust to pay the
dividends interest and annual proceeds thereof unto my said daught
Elizabeth Pike for and during the term of her natural life to and for
her own sole and separate use and benefit independant of any
husband with whom she may happen to intermarry and my will
is that her husband shall not intermeddle therewith neither shall
the same be subject or liable to his controul debts or engagements
and that the receipt of my said daughter Elizabeth signed with her
proper hand shall from time to time be alone a good and sufficient
discharge for so much of the said dividends interest and proceeds as
shall be therein acknowledged or expressed to be received and from
and after the decease of my said daughter Elizabeth leaving a
husband her surviving Then upon trust to pay such dividends
interest and proceeds unto her said husband for and during the term
of his natural life Provided she shall by her last will and
Testament in writing or any writing in the nature of or purporting to
be her last will and Testament direct or appoint the said dividends
interest and proceeds to be so paid to her said husband as aforesaid
but not otherwise And in default of such direction or appointment
Or in case of any such direction or appointment then from and
after the decease of her said husband or in case my said daughter
shall not leave any husband her surviving then from and after the
decease of my said daughter upon trust to pay apply or assign and
transfer the said sum of one thousand pounds Navy five per cent
annuities unto and amongst all and every the child and children of my
said daughter Elizabeth lawfully to be begotten to be equally divided
between and amongst them if more than one share and share alike
and if but one then to such only child at his her or their age or ages
of twenty one years unless such time for payment shall happen in
the life time of my said daughter Elizabeth and her husband or



either of them and in such case the part or share of such of them as shall
so attain the age of twenty one years shall be paid immediately after the
decease of the survivor of them my said daughter Elizabeth and her husband
Provided nevertheless and I do hereby declare that in default of any
direction or appointment by my said daughter Elizabeth in favor of her
husband in manner aforesaid Then the part or share of such of her said
children as shall attain the age of twenty one years in her lifetime shall
be paid immediately after her decease and that if any such child or
children shall happen to depart this life under the age of twenty one
years then the share or shares of him her or them so dying shall go and
be paid to the survivor or survivors of them at such time or times as his
her or their original share or shares ^ so directed to survive shall from        ^ shall become
time to time survive together with the original share & shares until               payable & my will
such original share and shares shall become payable And upon further               is that all & every
trust in the mean time after the decease of my said daughter Elizabeth             the share & shares
or in the event of any direction or appointment by her in favor of her
husband in manner aforesaid Then after the decease of the survivor of
them my said daughter and her husband to pay and apply all or any
part or parts of the said dividends interest and proceeds of the said sum
of one thousand pounds Navy five per cent annuities for and towards
the maintenance and education of such child or children until their
respective shares thereof shall become payable in proportion to their
respective shares and in case there there shall be no child or children of
my said daughter Elizabeth or there being such all and every such
child or children shall depart this life under the age of twenty one
years Then upon trust to pay and apply or assign and transfer the
said sum of one thousand pounds Navy five per cent annuities unto and
equally between my said sons John and George and my said
daughters Mary Martha and Ann Pike share and share alike as
tenants in common and not as joint tenants but in case either of my
said last mentioned sons and daughters shall be then dead leaving any
child or children then I will and direct that the part or share of him or
her so dying shall be paid or assigned and transferred unto and equally
between his or her child and children if more than one share and share
alike and if but one then to such only child as and when he she or they
shall respectively attain the age of twenty one years I give and
bequeath the sum of one thousand pounds Navy five per cent
annuities unto the said John Pike George Pike and Robert
Carparten their executors administrators and assigns upon the trusts
and to and for the intents and purposes hereinafter mentioned that is
to say upon trust to pay the dividends interest and annual proceeds
thereof unto my said daughter Martha Pike for and during the term
of her natural life to and for her own sole separate use and benefit and
independant of any husband with whom she may happen to intermarry
and my will is that her husband shall not intermeddle therewith neither
shall the same be subject or liable to his controul debts or engagements
and that the receipt of my said daughter Martha signed with her
proper hand shall from time to time be alone a good and
sufficient discharge for so much of the said dividends interest and
proceeds as shall be therein expressed or acknowledged to be
received and from and after the decease of my said daughter Martha
leaving a husband her surviving Then upon trust to pay such
interest dividends and proceeds unto her said husband for and during
the term of his natural life Provided she shall by her last will and
Testament in writing or any writing in the nature of or purporting to
be her last will and Testament direct or appoint the said dividends
interest and proceeds to be so paid to her said husband as aforesaid



but not otherwise And in default of such direction or appointment or in case
of any such direction or appointment then from and after the decease of her
said husband or in case my said daughter Martha shall not leave any
husband her surviving then from and after the decease of my said daughter
upon trust to pay and apply or assign and transfer the said sum of one
thousand pounds Navy five per cent annuities unto and amongst all and
every the child and children of my said daughter Martha lawfully to be
begotten to be equally divided between and amongst them if more than
one share and share alike and if but one then to such only child at his
her or their age or ages of twenty one years unless the time for payment
shall happen in the lifetime of my said daughter Martha and her
husband or either of them and in such case the part or share of such of
them as shall so attain the age of twenty one years shall be paid
immediately after the decease of the survivor of them my said
daughter and her husband Provided and I do hereby declare that in
default of any direction or appointment by my said daughter Martha
in favor of her husband in manner aforesaid Then the part or share of
such of her said children as shall attain the age of twenty one years
in her lifetime shall be paid immediately after her decease and that if
any such child or children shall happen to depart this life under the
age of twenty one years then the share or shares of him her or them
so dying shall go and be paid to the survivor or survivors of them
at such time or times as his her or their original share or shares
shall become payable and my will is that all and every the share
and shares so directed to survive shall from time to time survive
together with the original share and shares until such original
share and shares shall become payable And upon further trust in
the mean time after the decease of my said daughter Martha or
in the event of any direction or appointment by her in favor of her
husband in manner aforesaid Then after the decease of the survivor of
them my said daughter Martha and her husband to pay and apply
all or any part or parts of the said dividends interest and proceeds of
the said sum of one thousand pounds Navy five per cent annuities
for and towards the maintenance and education of such child or
children until their respective shares thereof shall become payable
in proportion to their respective shares and in case there shall be
no child or children of my said daughter Martha or there being such all and
every of such child or children shall depart this life under the age of
twenty one years Then upon trust to pay and apply or assign and
transfer the said sum of one thousand pounds Navy five per cent annuities
unto and equally between my said sons John and George and my
said daughters Mary Elizabeth and Ann share and share alike as
tenants in common and not as joint tenants But in case either of my
said sons and daughters shall be then dead leaving any child or
children then I will and direct that the part or share of him or her
so dying shall be paid or assigned and transferred unto and equally
between his or her child or children if more than one share and share
alike and if but one then to such only child as and when he she or
they shall respectively attain the age of twenty one years I give and
bequeath the sum of one thousand pounds Navy five per cent
annuities unto the said John Pike George Pike and Robert Carpenter
their executors administrators and assigns upon the trusts and to and
for the interests and purposes hereinafter mentioned that is to say upon
trust to pay the dividends interest and annual proceeds thereof unto
my said daughter Ann Pike for and during the term of her natural
life to and for her own sole separate use and benefit and independant
of any husband with whom she may happen to intermarry and my



will is that her husband shall not intermeddle therewith neither shall the
same be subject or liable to his controul debts or engagements and that
the receipt of my said daughter Ann signed with her proper hand
shall from time to time be alone a sufficient discharge for so much of the
said dividends interest and proceeds as shall be therein acknowledged or
expressed to be received and from and after the decease of my said daughter
Ann leaving a husband her surviving then upon trust to pay such
interest dividends and proceeds unto her said husband for and during the
term of his natural life Provided she shall by her last will and testament
in writing or any writing in the nature of or purporting to be her last
will and Testament direct or appoint the said dividends interest and
proceeds to be so paid to her said husband as aforesaid but not
otherwise And in default of such direction or appointment or in case
of any such direction or appointment Then from and after the decease
of her said husband Or in Case my said daughter Ann shall not
leave any husband her surviving Then from and after the decease of
my said daughter upon trust to pay and apply or assign and
transfer the said sum of one thousand pounds Navy five per cent
annuities unto and amongst all and every the child and children of my said
daughter Ann lawfully to be begotten to be equally divided between and
amongst them if more than one share and share alike and if but one then
to such only child at his her or their age or ages of twenty one years
unless the time for payment shall happen in the life time of my said
daughter Ann and her husband or either of them and in such case
the part or share of such of them as shall so attain the age of twenty
one years shall be paid immediately after the decease of the
survivior of them my said daughter Ann and her husband Provided
nevertheless and I do hereby declare that in default of any direction or
appointment by my said daughter Ann in favor of her husband in
manner aforesaid Then the part or share of such of her said
children as shall attain the age of twenty one years in her lifetime
shall be paid immediately after her decease and that if any such child
or children shall happen to depart his life under the age of twenty
one years then the share or shares of him her or them so dying shall
go and be paid to the survivor or survivors of them at such time or
times as his her or their original share or shares shall become
payable and my will is that all and every the share and shares so
directed to survive shall from time to time survive together with
the original share and shares until such original share and shares
shall become payable And upon further trust in the mean time
after the decease of my said daughter Ann or in the event of any
direction or appointment by her in favor of her husband in
manner aforesaid Then after the decease of the survivor of them
my said daughter Ann and her husband to pay and apply all or
any part or parts of the said dividends interest and proceeds of
the said sum of one thousand pounds Navy five per cent
annuities for and towards the maintenance and education of such
child or children until their respective shares thereof shall become
payable in proportion to their respective shares And in case
there shall be no child or children of my said daughter Ann or
there being such all and every of such child or children shall depart
this life under the age of twenty one years Then upon trust to
pay and apply or assign and transfer the said sum of one
thousand pounds Navy five per cent annuities unto and equally
between my said sons John and George and my said daughters
Mary Elizabeth and Martha Pike share and share alike as
tenants in common and not as joint tenants But in case either of



my said sons and daughters shall be then dead leaving any child or
children then I will and direct that the part or share of him or her so
dying shall be paid or assigned and transferred unto and equally between
his or her child and children if more than one share and share alike and
if but one then to such only child as and when he she or they shall
respectively attain the age of twenty one years And I do hereby
expressly will and direct that the legacy duty payable in respect of the said several
sums of one thousand two hundred pounds one thousand pounds
one thousand pounds and one thousand pounds Navy five per
cent annuities shall be charge on and paid out of the residue of my
estate and effects it being my intention that the aforesaid several
begacies shall be free and clear of and from the payment of such
duty or any part thereof I give and bequeath unto George Walker of
the Parish of Bathwick aforesaid labourer the sum of forty pounds
sterling money and I direct the same to be paid to him at the expiration
of one year next after my decease And as to all the rest residue and
remainder of my personal estate and effects whatsoever and wheresoever
and of what nature or kind soever the same shall or may consist which
shall remain after the payment of my debts funeral expences the costs
and charges of proving this my will and the aforesaid legacy and legacy
duty I give and bequeath the same unto and equally between my said
sons John Pike and George Pike to and for their own use and benefit share
and share alike as tenants in common and not as joint tenants Provided
nevertheless and my will further is that if the aforesaid Navy five per
cent annuities or any part or parts thereof shall be redeemed or paid
off during the existance of any of the aforesaid trusts relating thereto
then and in such case the said John Pike George Pike and
Robert Carpenter or the survivors or survivor of them or the
executors administrators or assigns of such survivor do and shall
lay out the money thereby arising or coming to their or his hands or
hand in the public stocks or funds or on Parliamentary security at
interest and do and shall stand and be possessed thereof upon and
for such trusts intents and purposes and with under and subject to
such powers provisoes or conditions as are hereinbefore mentioned
and declared of and concerning the said Navy five per cent annuities
or as near thereto as the deaths of parties and other circumstances
will admit And I hereby declare and direct that the said John Pike
George Pike and Robert Carpenter or any or either of them or their
respective executors administrators or assigns shall not be charged
or chargeable with or answerable or accountable for any money
under or by virtue of trusts powers and authorities hereby in them
respectively vested or reposed or any of them other than such only
as they respectively shall actually receive nor with or for any loss
that may happen of such trust monies or any part thereof unless
the same shall happen by their respective wilful neglect or default
and that neither of them the said John Pike George Pike and
Robert Carpenter shall be answerable or accountable for the others
or other of them or for the acts deeds receipts disbursements
neglects or defaults of the others or other of them And also that it
shall and may be lawful to and for the said John Pike George
Pike and Robert Carpenter or any or either of them by and out
of the trust funds securities money and premises in them vested as
aforesaid or the interest dividends and produce thereof respectively
to deduct and reimburse themselves respectively all such loss costs
charges damages and expenses as they respectively shall or may
bear pay suffer sustain expend or be put unto in or about the ?????
of the trusts powers and authorities hereby in them respectively



vested and resposed or any of them or by reason or means thereof or in
relation thereto respectively Provided always and in my mind and will is
that if any or either of them the said John Pike George Pike and
Robert Carpenter the trustees hereinbefore named or any succeeding
trustee or trustees to be nominated in their or either of their stead or
place as hereinafter is mentioned shall during the continuance of the
aforesaid trusts happen to die then and so often it shall and may be
lawful to and for the remaining or other of the said trustees or the
executors or administrators of the survivor by any deed or deeds
writing or writings under their or his hands and seals or hand and
seal from time to time with the consent and approbation of my said
daughters or the survivors or survivor of them during the lives
or life of them and the survivors or survivor of them testified by
some writing signed with their or her hands or hand and after the
decease of such survivor to or for the remaining or other trustee
or trustees or the executors or administrators of the survivor of
them of their or his own authority as the case shall
happen to nominate and appoint any other person or persons to
be a trustee or trustees for the purposes aforesaid in the stead and
place of the trustee or trustees so dying and every new trustee or
trustees so to be nominated and appointed shall have the same
power and authority in and touching the trust premises and in the
execution of the trusts herein contained as they the said John Pike
George Pike and Robert Carpenter or any or either of them
would have had or been entitled to under or by virtue of this will or
otherwise in case they had been living And lastly I hereby
make constitute and appoint the said John Pike George Pike
and Robert Carpenter trustees and executors of this my last will
and Testament hereby revoking and making void all former and other
will and wills by me at any time heretofore made I declare this
only to be my last will and Testament In witness whereof I
the said John Pike the testator have to the first twelve sheets
of this my will the whole being contained in thirteen sheets of
paper set my hand and ^ seal the eighteenth day of December in                  ^ to this thirteenth
the year of our Lord one thousand eight hundred & eighteen                        & last sheet thereof
The marke X of John Pike  LS  Signed sealed published and                         my hand and
dec??red by the said John Pike the testator as and for his last
will and Testament in the presence of us who in his presence at
his request and in the presence of each other have hereunto
subscribed our names as witnesses thereto   John Daniel of the
City of Bath Wine Merchant    Thos M Cruttwell of the City of
Bath Solr

Proved at London 28 May 1821 before the Judge by
the oaths of John Pike George Pike the sons & Robert
Carpenter the Exors to whom Admon was granted having
been first sworn by Comon duly to Admr




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