Source: TNA, PROB 11/576
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In the Name of God Amen I John Pike the elder of Plymouth in the County of Devon Goldsmith being at present sick and weak in body but of sound and disposing Mind and Memory for which I praise Almighty God Do while I have opportunity make and declare this my last Will and Testament hereby revoking all former Will or Wills by me heretofore made and first I commend my Soul into the hands of Almighty God who gave it hopeing through his mercy and the merits and satisfacion of my blessed Saviour Jesue Christ to obtain pardon for all my Sins and to inherit everlasting life and my body I commit to the Earth to be interred in a decent Christian manner according to the discretion of my Executor hereinafter named and now for Settling what I shall have behind me and for preventing any dispute or Controversy between my Children about the same I give and dispose thereof in manner following that is to say I give and bequeath unto John Goodall Esq and Gregory Strikley Merchant both of Fowy in the County of Cornewall the Sum of One hundred and fifty pounds of lawfull money of great Britain to be raised and paid in manner and at the time hereinafter mentioned upon this Special Trust and confidence nevertheless that they the said John Goodall and Gregory Stribley or the Survivor of them his Executors or Administrators doe or shall with the consent and approbation of my Daughter Mary Browne Wife of Arthur Browne of Fowy aforesaid so long as she and her said Husband shall both be living lend lay out or otherwise bestow or improve the said Sum of one hundred and fifty pounds at Interest on such Security or Securityes or in any publick Stock or Stocks fund or funds or in the purchase of Lands of Inheritance or Leasehold estate otherwise in the names of them the said John Goodall and Gregory Stribley or the Survivor of them his Executors or Administrators from time to time as he or they and my said Daughter Mary Browne shall think fit and approve of and the Interest or improvement thereof or the clear profits of the lands or Leasehold estate to be purchased therewith to be paid from time to time as the same shall be received into the proper hands of my said Daughter Mary Browne during the Joint lives of herself and said Husband for her sole and separate use and benefit and he the said Arthur Browne not to intermeddle therewith but the receipts and acquittances of the said Mary Browne for the same tho' she be under coverture to be as good and effectuall to all intents and purposes as if she were sole and unmarryed Provided nevertheless and and I do hereby declare it to be my true intent and meaning that if my said Daughter Mary Browne should happen to survive her said Husband Arthur Brown that then the aforesaid Trust concerning the said one hundred and fifty pounds shall cease and the said John Goodall and Gregory Stribley or the Survivor of them his Executors or Administrators shall forthwith pay the said one hundred and fifty pounds or transferr or deliver over the Security or Securityes for the same to her the said Mary Browne for her own use and benefit to be kept and disposed of by her without rendring any account for the same to her child or children or to any other person whatsoever Also I give and bequeath unto my Daughters Elizabeth Pike and Sara Pike the Sum of four hundred pounds apeice of lawfull money of great Britain to be raised and paid in manner and at the respective times herein after mentioned Also I give and devise unto the said John Goodall and Gregory Stribley All that my Messuage and Tenement or Frame or Lands with the Appurtenances called Grove Situate and lyeing in the parish of St Stephens next Saltash in the County of Cornwall which I heretofore purchased of John Williams of Stowford in the County of Devon Esq and his Mother or one of them And all those my two Messuages or dwelling houses with the Appurtenances Situate and lyeing adjoyning together in the Market Street in the said Burrough of Plymouth in one of which I now dwell To hold the same Messuage or Tenement or Farme and Lands called Grove and the said two Messuages or dwelling houses with their and every of their appurtenances unto the said John Goodall and Gregory Stribley and the Survivor of them his Executors and Administrators for and during the terme of five hundred yeares next after my death for and upon the Trusts hereinafter declared of the same and imediately from and after the determination of the said Term of five hundred yeares or after the Trust thereof shall be fully performed according to the true intent and meaning of this my Will then I give and devise all the said premises as well those in the parish of St Stephens as in Plymouth unto my Son John Pike and the Heires of his body and for default of such Issue I give and devise the Inheritance and reversion of all my said Lands unto my said three Daughters Mary Browne Elizabeth Pike and Sara Pike and the Several Heires of their respective bodyes equally between them and for default of such Issue to my own right Heires for ever and i do hereby declare it to be my true intent and meaning that the said Term of five hundred yeares is upon this Special Trust and confidence that they the said John Goodall and Gregory Stribley or the Survivor of them his Executors or Administrators shall as soon as conveniently they can after my death out of the Rents and profits of all the said premises therein comprized or by sale or Mortgage thereof or of any part thereof for all or any part of the said terme of five hundred yeares raise and pay first so much of my debts Legacyes and funeral expences as my goods and chattells shall fall short of and afterwards to raise and levy the said Sum of one hundred and fifty pounds in Trust for my said Daughter Mary Brownes use in the space of one yeare next after my decease without any Interest for the same during that time and the several Sums of four hundred pounds apeice of lawfull money of great Britain for my said Daughters Elizabeth Pike and Sarah Pike the same four hundred pounds to be paid unto my said Daughter Elizabeth Pike within the space of one yeare next after my death if the same can be so soon raised by the meanes aforesaid and the said other Sum of four hundred pounds for my said Daughter Sarah Pike when she shall attain the age of one and Twenty yeares together with lawfull Interest for each of the said Sums of four hundred pounds untill the same shall be paid unto my said Daughters respectively such Interest to be for their respective maintenances until their said portions shall become payable to them as aforesaid Provided also and I do hereby declare it to be my true intent and meaning that if after payment of my debts Legacyes and funeral expences there shall appear to be the full value of one Thousand pounds of lawfull money of great Britain left for my said Son of all my goods Chattells and effects including all my Lands then and in such case I do direct and appoint my said Trustees or the Survivor of them his Executors or Administrators to raise for and pay unto each of my said Daughters Elizabeth and Sara the further Sum of one hundred pounds apeice of lawfull money of great Britain the same to be raised by such wages and meanes and at the same times as the said Legacyes of four hundred pounds apeice are to be raised and paid but I do direct that no Interest for such additional Sum of one hundred pounds apeice be paid or allowed to them my said Daughters for the first yeare after my death and that what paymts costs charges and expences the said Trustees or either of them their or either of their Executors or Administrators shall pay Sustain or be put unto in the Execution or management of the Trust hereby reposed in them or any wise relating thereunto shall be deducted allowed and retained out of the profitts of the said Lands comprized within the said Term of five hundred yeares or the money to be raised out of the same as aforesaid And in Case the said Sum of one hundred and fifty pounds or any part thereof which shall be so lent out at Interest or laid out for improvement as aforesaid for my said Daughter Mary Browne shall happen to be lost by the insolvency of the person or persons to whom the same shall be lent or otherwise I do hereby declare it to be my true intent and meaning that such loss or losses shall be Sustained by her my said Daughter Mary or by such person or persons as may by this my Will happen to be intituled to the benefit of the said one hundred and fifty pounds and not be borne by my said Trustees or either of them their or either of their Executors or Administrators so as such loss or losses be not occasioned by his or their willfull neglect or default And I do declare that neither of the said Trustees shall be Answerable for the receipts of the other but only for what shall come to their respective hands and that what payments costs charges and expenses the said Trustees or either of them their or either of their Executors or admons shall pay sustain or be put unto in the Execution or managemt of the Trust hereby reposed in them relating to the said one hundred and fifty pounds shall be deducted or allowed out of the Interest or improvement thereof or out of the principall money if such Interest or improvemt should not be Sufficient for that purpose or out of the Rents Issues or profits of the Lands or Leasehold estate to be purchased therewith Also I give and bequeath unto my said Daughter Sara all the goods chattells and effects of my late Son Thomas Pike deced which came to me by his dyeing intestate I being perswaded that he intended the same for her Also I give and bequeath to my Servant Ann Whitmore the Sum of Twenty pounds of lawfull money of great Britain to be paid by my Executor hereinafter named within the space of six Months next after my death into her the said Ann Whitmores proper hands and for her own Separate use and benefit distinct and apart from her Husband if living and the receipt or acquittance of the said Ann Whitmore for the same tho' she be under coverture to be as good and effectuall to all Intents and purposes as if she were sole and unmarryed Also I give and bequeath unto the said John Goodall and Gregory Stribley and Mrs Prudence Sanf?mce and Mr John Elford both of Plymouth aforesaid and to every and each of the m a Ring of the value of One Guinea in remembrance of me Provided also and I do hereby declare it to be my true intent and meaning that in Case my said Son John Pike shall hereafter marry either of the Daughters of John Beere of Plymouth aforesaid Gentleman deced against which I have frequently caution'd and enjoyn'd him then and in such case I do hereby revoak and annull the said devise made to him of my said Lands in the parish of St Stephens and Plymouth and doe hereby give and devise the Inheritance and reversion thereof imediately after the determination of the said Terme of five hundred yeares or after the Trusts thereof shall be performed) unto my said Three Daughters Mary Browne Elizabeth Pike and Sara Pike and their several Heires equally between them Provided also and I do hereby declare it to be my true intent and meaning that if my said Son John Pike should happen to marry with any woman (Except one of the daughters of the said John Beere deced) it shall and may be lawfull to and for my said Son to Settle all or any of my aforesaid Lands (Subject to the Trusts of the aforesaid term of five hundred yeares) on such woman for her life for her Jointure and on the Issue of such marriage as my said Son in his discretion shall think fit All the residue and remainder of my goods Chattells and estate whatsoever not hereinbefore given or bequeathed I do hereby give devise and bequeath unto my said son John Pike to be by him applyed in the first place towards the payment of my debts Lagacyes and funerall expences And I do hereby make and ordain him my said Son the Sole Executor of this my last Will and Testament And in Case any dispute or difference should happen to arise between my said Son and Daughters or any of them about this my Will or the construction thereof I do hereby desire and enjoin them to have no contests in Law about it but to be determined by the advice and perswasion of my said Trustees before named and the said Prudence Sanf?mce and John Elford whom I have requested to be mediators between them for preventing any such contest and I do Enjoyn them to ?? in amity and to be affectionate and freindly to each other and so I recommend them all to the protection of Divine Providence In Testimony that this is my last will and Testament I have hereunto set my hand and Seale the fifteenth day of January in the sixth yeare of the Reigne of our Soveraigne Lord George by the Grace of God of great Britain France and ireland Defender of the Faith ?? Anno Dni 1719 John Pike Signed and Sealed by the abovenamed John Pike Senr and by him published and declared to be his last Will and Testmt in the presence of us who subscribed our names as Witnesses thereunto in the presence of him the said Testator Willm Cork Elizabeth Baker John Elford John Herring 1719 I the within named John Pike on further Consideration of my circumstances as much as in me lyeth to remove any occasion or pretence for difference between by said Son and Daughters do hereby revoke and make void soe much of my Will within written as relates to the raising the additional Sum of one hundred pounds apeice for my said Daughters Elizabeth and Sarah on the contingency in my said Will expressed and for the reasons aforesaid I do direct that no part of such additional Sums of one hundred pounds apeice shall be raised or paid But in Lieu thereof I do give to my said Daughters Elizabeth and Sarah the Sum of Ten pounds apeice to buy them Mourning and for Providing Mourning for my said Daughter Mary Browne and her said Husband I do bequeath unto my said Daughter Mary two Bonds or penallBills which I had against the said Arthur Brownes Father each of them for Twenty pounds principall money with all the Interest due for the same to be sued for and recovered at his and this I add as a Codicil to my last Will and Testament within written the said Arthur Browne ???? desiring it may be esteemed and taken as part thereof In Testimony cost and charges and not by whereof I have hereunto set my hand and seal the seven and Twentyeth my Ex who is to transfer day of the said Month of January the same year within written John both such Bonds absolutely Pike Signed and Sealed by the said John Pike and by him published to him the sd Arthur Brown and declared to be a Codicil to his last Will and Testament in the presence of us who subscribed our names as Witnesses hereunto in the presence of him the said Testator Sam Allen Junr Jane Hodges John Elford John Herring 1719 Probatum [this paragraph is in latin and appears to grant admin to the son John Pike "Johannis Pike Filii" on 24 November 1720 "tricesimo quarto die mensis Novembris Anno Domini Millesimo Septingentesimo tricesimo"]
Last Modified: Sunday, 23-Jan-2011 10:28:25 NST