1731 Will of John Pyke of Birdbrook, Essex (proved in 1738)

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

Source: TNA, Prob 11/693

If you came to this page directly, then you might want to know that I have additional Pike information on my website.


In the Name of God Amen
I John Pyke of the parish of Birdbrook in the County of
Essex Gentleman being in good health of Body and of sound and
disposing mind and memory (praised be God for the same) yet
considering the uncertainty of this transitory Life Do make and
declare this my last Will and Testament in manner and From
following that is to say First and principally I Commend my Soul
into the hands of Almighty God hoping through the Meritts
Death and Passion of our Blessed Savious Jesus Christ to have
full and free pardon and Forgiveness of all my Sins and to Inherit
Everlasting Life and my Body I Commit to the Earth from
whence it came untill itts Joyfull Resurrection to be decently
buryed in the parish Church of Birdbrook aforesaid near the Body
of my late uncle George Pyke Esqr deceased and I do hereby Order
and appoint the Sum of twenty pounds to be paid and equally
distributed by my Executrix hereafter named to twenty of the poorest
and most Indigent people of the parish of Birdbrook aforesaid and
I do give and bequeath unto my Dear Wife Sarah Pyke the Sum of
Fifty pounds for Mourning and I do give unto my Sister Katherine
Crowch Widow of my late Brother Pyke Crouch and to her four
Children John Crowch George Crowch (if Living) Thomas Crowch
and Katherine Crowch the Sum of twenty pounds apiece for
Mourning Also I give unto my Nephew Bromsall Crowch only
son of my late Brother Thomas Crowch and to my Cousin
Elizabeth Tweed Widow of Thomas Tweed late of Stoke by Clare in
the County of Suffolk and to my Cousins Ann Walford Constance
Goldegay Sarah Crowch Daughter of my late uncle Charles Crowch
of Stratford in the County of Suffolk and her Sister Ann Crowch
the Sum of twenty pounds apiece for mourning Also I do give
and bequeath unto such of my Servants as shall be Living
with me at the time of my decease the Sum of Five pounds
apiece to be paid to each of them over and ove their Wages


that shall be due to them And in regard to my said late uncle George
Pykes Will By which I think I am Obliged in some Measure to
govern my Self I do give devise and bequeath All these my Mannors
Messuages Lands Tenements and hereditaments with their and every
of their Appurtenances called or known by the Name or Names of
Baythorne Endhouse and Baythorne Hall Farm Situate lying and
being within the several parishes of Birdbrook Bumpsted and
Redgewell or some or One of them in the said County of Essex and
Also All that Annuity or yearly Rent Charge of twenty pounds per
Annum payable out of Certain Mannors and Lands lying within
the parishes of Parfenham Sandringham and Snoreing or some or one
of them them in the County of Norfolk and also all other my Mannors
Messuages Lands Tenements Rents and Hereditaments whatsoever and
wheresoever in the Countys of Essex Cambridge Suffolke and Norfolke
every or any of them or Elsewhere in the Kingdom of Great Britain in
Possession Reversion Remainder or Expectancy To my said Nephew
Bromsall Crowch only son of my said late Brother Thomas
Crowch for and during the term of his Natural Life without
Impeachment of Wast and from and after the Determination of
the said Estate To Sir Harvey Elwes of Scofeby Clare in the County of
Suffolk Baronet and John Robinson of Denson Hall in the said
County of Suffolk Esqr and their heirs during the Life of my said
Nephew Bromsall Crowch In trust to preserve the Contingent
Remainders herein after devised from being barred or defeated
But to permit the said Bromsall Crowch to take the rents and
Profitts thereof to his own use for his Life and from and after
the Decease of my said Nephew Bromsall Crowch To John
Crowch Eldest Son of the said Bromsall Crowch for and during
the term of his Natural Life without Impeachment of Waste
and from and after the Determination of that Estate To the said
Sr Harvey Elwes and John Robinson and their heirs during
the Life of the said John Crowch son of the said Bromsall
Crowch In trust to preserve the Contingent remainders herein
after devised from being barred or defeated But to permit the said
John Crowch son of the said Bromsall Crowch to take the
Rents and Profitts thereof for his own use for his Life and from
and after the decease of the said John Crowch To the first and
every other son and sons of the Body of the said John Crowch
son of the said Bromsall Crowch to be begotten successively
and in Remainder one after another as they shall be in
Seniority of age and priority of Birth and the heirs Male of
the Body and Bodies of such first and other son and sons
lawfully Issuing severally and respectively The Eldest of such sons
and the heirs Male of his Body Issuing being always to be
preferred before the younger of such sons and the heirs Male
of his and their Body and Bodys Issuing and in defulat of
such Issue To the second third fourth fifth and all and every
other the son and sons of the Body of my said Nephew
Bromsall Crowch begotten or to be begotten successively and in
Remainder one after another as they shall be in Seniority of
age and priority of Birth and the heirs Male of the Body and
Bodys of such second and other son and sons of my said


Nephew Bromsall Crowch Issuing severally and respectively
The Eldest of such sons and the Heirs male of his Body Issuing
being always to be preferred before the younger of such sons and
the Heirs Male of his and their Body and Bodys Issuing and
in default of such Issue To my said Nephew John Crowch 
(Eldest son of my said Brother Pyke Crowch) for and during the
term of his Natural Life without Impeachment of Wast and
from and after the Determination of that Estate To the said Sir
Harvey Elwes and John Robinson and their heirs during the
Life of my said Nephew John Crowch In trust to preserve the
Contingent Remainders herein after devised from being Barred or
Defeated But to permitt my said Nephew John Crowch (son of
the said Pyke Crowch) to take the rents and profitts thereof to his
own use for his Life and from and after the decease of my said
Nephew John Crowch To the first and every other son and
sons of the Body of my said Nephew John Crowch begotten or
to be begotten successively and in remainder one after another
as they shall be in Seniority of Age and priority of Birth
and the Heirs male of the Body and Bodies of such first
and other son and sons lawfully Issuing severally and respectively
The Eldest of such sons and the Heirs Male of his Body
Issuing being always to be preferred before the younger of such
sons and the heirs male of his and their Body and Bodys
Issuing and in default of such Issue To my Nephew Thomas
Crowch (youngest son of my said Brother Pyke Crowch) for and
during the term of his Natural Life without Impeachment of
Wast and from and after the Determination of that Estate To the
said Sir Harvey Elwes and John Robinson and their heirs during
the Life of the same Thomas Crowch In trust to preserve the
Contingent Remainders hereinafter devised from being barred or
defeated But to permit the said Thomas Crowch to take the
Rents  and profitts thereof to his own use for his Life and
from and after the Decease of the said Thomas Crowch To the
first and every other son and sons of the Body of the same
Thomas Crowch lawfully begotten or to be begotten successively
and in remainder one after another as they shall be in seniority
of age and priority of Birth and the heirs Male of the Body
and Bodies of such first and other son and sons lawfully issuing
severally and respectively The Eldest of such sons and the heirs
Male of his Body Issuing being always to be preferred before
the younger of such sons and the heirs Males of his and their
Body and Bodys Issuing and in default of such Issue To my
Godson John Tweed (Eldest son of my said Cousin Elizabeth Tweed)
for and during the term of his Natural Life without Impeachment
of wast and from and after the Determination of that Estate To
the said Sir harvey Elwes and John Robinson and their heirs
during the life of the said John Tweed In trust to preserve the
Contingent remainders hereinafter devised from being barred or
defeated But to permit the said John Tweed to take the rents and
profitts thereof to his own use for his Life and froma nd
after the Decease of the said John Tweed To the first and every
other son and sons of the Body of the said John Tweed lawfully


to be begotten successively and in remainder one after another as they
shall be in Seniority of age priority of Birth and the heirs Male
of the Body and Bodys of such first and other son and sons lawfully
Issuing severally and respectively The Eldest of such sons and the
heirs Male of his Body Issuing being always to be preferred before
the younger of such sons and the heirs Male of his and their
Body and Bodies Issuing and in Default of such Issue To my own
right heirs for ever provide always and upon this condition
nevertheless and my Mind and Will is that the said Bromsall
Crowch and all and every other person or persons in remainder
who shall take any Estate for his or their own Benefit by Virtue
of this my Will shall when and as he and they respectively shall
come to and be in possession of my said Mannors Lands
Hereditaments and premisses by Virtue of this my Will take upon
him and themselves and use in all Deeds and writings the name
of Pyke only for his and their Sirname and in case my said
Nephew Bromsall Crowch or any other of the person or persons
in remainder who shall take any Estate for his or their own
Benefit by Virtue of this my Will shall refuse or willfully
Neglect to take upon him or themselves or to use the Sirname of
Pyke Then my will is that such person or persons so refusing or
neglecting shall not from thenceforth take any Benefit by this my Will
and in such case I will and direct that the next person in remainder
who will comply with the Condition aforesaid shall imediately Enter and
take possession of the said Mannors Lands Hereditaments and premisses
and have hold and Enjoy the same according to the Limitations
aforesaid provided also and my Will is that each person to whom I
I have devised an Estate for Life by this will shall when and
as they respectively shall be in the possession of the premisses or any
part thereof by this my will have full power and authority to 
make any Demise or Lease thereof to any person or persons for any
term or Number of years not Exceeding one and twenty years in 
possession reserving during such Lease or Leases the best and most
Improved yearly Rent that can be had or gotten for the same
without taking any sum of money or other thing for or by way
of Fine or Income provided also and my will further is that my
said Nephew Bromsall Crowch and all and every other person or
persons to whom I have devised any Estate for Life by this my will
when and as they respectively shall be in possession of the premisses
or any part thereof by Virtue of the Limitations in this my will
shall have full power and authority and I do hereby Impower
him and them accordingly for and in respect of every one thousand
pounds which every woman whom he and they respectively have
marryed or shall marry shall have brought or shall bring as a
Marriage portion to settle as and for a Joynture upon every such
Woman Lands Tenements and Hereditaments of the Value of one
hundred pounds per annum and so proportionably for every great
or lesser sum than one thousand pounds for and during the
term of every such Womans Life to Commence from and after the
decease of him or them who shall so settle any such Joynture so
as such Joynture do not Exceed in the whole the yearly sum of
three hundred pounds for any one such woman and I do hereby


constitute and appoint my said Dear Wife Sarah Pyke Sole Extrix
of this my Will to whom I give and bequeath all my Goods
Chattells and personal Estate whatsoever (subject to the payment
of my Just debts and Funeral Expences and to the several Legacys
herein before mentioned) to and for her own use and Benefit
and I do revoke all former Wills by me made and declare this to be
my last Will and Testament In Witness whereof I the said John
Pyke have to this my last Will and Testament contained in six
sheets of paper sett my hand and seal that is to say to the first
Five sheets my hand and to this last sheet my hand and seal
and also my seal to the ribbon which fixes the said sheets
together on the top this thirty first day of July in the year of
our Lord One thousand Seven hundred and thirty one John
Pyke Signed Sealed published and declared by the said John Pyke
to be his last Will and Testament in the presence of us who as
witnesses of the same have in his presence and at his request
subscribed our Names - Hutton Perkins Wm Perkins Law Cottam

		A Codicil or writing to be part of the last will
		and Testament of me John Pyke of the parish of
		Birdbrook in the County of Essex Gentleman

Whereas since the making of my will bearing
date the thirty first day of July in the year of our Lord one
thousand seven hundred and thirty one John Robinson Esqr one of
the Trustees in my said will named is dead Now I do by this Codicil
appoint Thomas Walford of Birdbrook in the said County of Essex
Esquire to be a Trustee in the place and stead of the said John Robinson
deceased and I do hereby give devise and bequeath all my Mannors 
Lands Tenements and Hereditaments to Sir Harvey Elwes Baronet in
my said Will named and the said Thomas Walford and their heirs
upon the trusts and for the purposes in my said will and in this
Codicil mentioned and Expressed and not otherwise and whereas in
and by my said Will I have devised all my Mannors Lands Tenemts
and Hereditaments to several persons therein named successively for their
respective Lives and to their respective First and other son and sons
in tayle male successively with the last remainder in Fee to my
own right heirs Now I do by this Codicill revoke the devise or
Limitation made in and bymy said will unto or for the benefit
of my own right heirs and do hereby give devise and bequeath all
my said Mannors Lands Tenements and Hereditaments from and
after the Determination of the particular Estates thereof Limited and
devised to my Nephews Bromsall Crowch John Crowch and
Thomas Crowch and my Godson John Tween and their respective
Issues Male unto Thomas Walford Nephew of the said Thomas
Walford Esquire and son of Mr James Walford of the parish of
Birdbrook aforesaid for and during the term of his Natural
Life without Impeachment of Wast and from and after the
Determination of that Estate To the said Sir Harvey Elwes and
Thomas Walford the uncle and their heirs during the Life of the
said Thomas Walford the Nephew.  In trust to preserve the contingent


Remainders hereinafter devised from being barred or defeated
But to permit the said Thomas Walford the Nephew to take the
Rents and profitts thereof to his own use for his Life and from and
after the Decease of the said Thomas Walford the Nephew To the
use of the first and every other son and sons of the Body of the
said Thomas Walford the Nephew lawfully to be begotten 
successively and in remainder one after another as they shall be in
seniority of age and priority of Birth and the heirs male of the
Body and Bodies of such first and other son and sons lawfully
Issuing severally and respectively Every Elder of such sons and the
heirs Male of his Body Issuing being always to be preferred before
a younger of such sons and the heirs Male of his and their
Body and Bodys Issuing and in Default of such Issue To James
Walford another of the sons of the said Mr James Walford for
and during the term of his Natural Life without Impeachment of
Wast and from and after the Determination of that Estate To the
said Sir Harvey Elwes and Thomas Walford the uncle and their
heirs during the Life of the said James Walford the son In trust to
preserve the Contingent Remainders hereinafter devised from
being debarred or defeated But to permit and Suffer the james
Walford the son to take the rents and profitts thereof to his own
use for his Life and from and after the Decease of the said James
Walford the son To the use of the first and every other son and
sons of the Body of the said James Walford the son lawfully to
be begotten successively and in remainder one after another as they
shall be in seniority of age and priority of Birth and the heirs
Male of the Body and Bodys of such first and other son and
sons lawfully Issuing severally and respectively Every Elder of such
sons and the heirs Male of his Body Issuing being always to 
be preferred before a younger of such sons and the heirs Male of
his and their Body and Bodys Issuing and in default of such
Issue To John Walford another of the sons of the said Mr James
Walford the Father for and during the term of his Natural Life
without Impeachment of or for any manner of wast and from
and after the Determination of that Estate To the said Sir Harvey
Elwes and Thomas Walford the uncle and their heirs during the
Life of the said John Walford In trust to preserve the contingent
Remainders hereinafter devised from being barred or defeated
But to permit and suffer the said John Walford to take the rents
and profitts thereof to his own use for his Life and from and
after the Decease of the said John Walford To the use of the first
and every other son and sons of the Body of the said John
Walford lawfully to be begotten successivelyand in remainder one
after another as they shall be in seniority of age and priority of
Birth and the Heirs Male of the Body and Bodys of such first
and other son and sons lawfully Issuing severally and respectively
Every Elder of such sons and the heirs Male of his Body
Issuing being always to be preferred before a younger or such
sons and the heirs Male of his and their Body and Bodies
Issuing and in default of such Issue To Robert Walford
another of the sons of the said Mr James Walford the Father
for and during the term of his Natural Life without Impeachmt


of or for any manner of Wast and from and after the Determination
of that Estate to the said Sir Harvey Elwes and Thomas Walford
the uncle and their Heirs during the Life of the said Robert
Walford In trust to preserve the Contingent Remainders herein
after devised from being barred or defeated But to permit and
suffer the said Robert Walford to take the rents and profitts 
thereof to his own use for his Life and from and after the decease
of the said Robert Walford To the use of the first and every other
son and sons of the Body of the said Robert Walford lawfully to
be begotten successively and in remainder one after another as they
shall be in seniority of age and priority of Birth and the heirs
Male of the Body and Bodys of such first and other son and
sons Lawfully Issuing severally and respectively Every Elder of
such sons and the heirs Male of his Body Issuing being 
always to be preferred before a younger of such sons and the heirs
Male of his and their Body and Bodys Issuing and in default
of such Issue To my own right heirs for ever provided always
and upon this Condition nevertheless and my Will and mind
is that the said Thomas Walford the Nephew James Walford
the son John Walford and Robert Walford respectively and their
respective Issue shall when and as they shall respectively come
to and be in possession of my said Mannors Lands Tenemts
and Hereditaments by Virtue of this my Will take upon themselves
respectively and use in all Deeds and writing the Name of Pyke
only for his and their Sirname and in Case the said Thomas
Walford the Nephew James Walford the son John Walford and
Robert Walford or any of them or any of their Issue shall
refuse or Wilfully neglect to take upon themselves respectively or to
use the Sirname of Pyke Then and in such case my will is
that the and they so refusing or neglecting shall not from
thenceforth take any benefit by this my Will and in such case
I will and direct that the next person in remainder who will
Comply with the Condition aforesaid shall imediately Enter
upon and take possession of the said Mannors Lands Tenements
and Hereditaments and have hold and Enjoy the same according
to the Limitations aforesaid provided also and my will is that
the said Thomas Walford the Nephew James Walford the son
John Walford and Robert Walford respectively shall when 
they shall respectively be in the possession of the premisses or
any part thereof by Virtue of this my will have full power
and authority to make any Demise or Lease thereof to any
person or persons for any term or Number of years not 
Exceeding twenty one years in possession reserving during such
Lease or Leases the best and most improved yearly rent that
can be had or gotten for the same without taking any sum of
money or other thing for or by way of Fine or Income and I
do hereby revoke and make void all that part of my will which
gives a power to my Nephew Bromsall Crowch to make a
Joynture upon his present or any future wife It being my will
that my said Nephew shall not have any power whatsoever
to make any Joynture of any part of my said Estate and I do
hereby ratify and confirm my Will in all things Save what is


altered by this Codicil and do declare this to be part of my last will
and Testament In witness whereof I have to this Codicill or
Writing contained in four sheet sof paper sett my ahnd and seal
that is to say to the first three sheets my hand and to this last
sheet my hand and seal and also my seal to the Ribon which
fixes the said sheets together on the top this first day of August in
the year of our Lord one thousand seven hundred and thirty
Five John Pyke signed sealed published and declared by the
said John Pyke to be part of his last will and Testament in the
presence of us who as witnesses of the same have in his
presence and at his request subscribed our Names  Hutton
Perkins Law: Cottam Thos Heaton

		A further Codicil to be taken as part of the last will
		and Testament of me John Pyke of the parish of
		Birdbrook in the County of Essex Gentleman

Whereas I am seized and possessed of several
Copyhold Lands Tenements and Hereditaments of Inheritance
hold of several Mannors in the Countys of Essex Cambridge
and Suffolk some or one of them which I have surrendred or do
intend to surrender to the use of my will and which my will
and mind is shall go along with my Freehold Mannors Messuages
Lands Tenements and Hereditaments in my will mentioned Now
I do hereby give and devise all and every my Copyhold Messuages
Lands Tenements and Hereditaments whatsoever and wheresoever
to for upon and subject to the several uses Trusts powers provisoes
and Limitations in and by my said will and former Codicil 
Limited Expressed Created and declared of and concerning my
Freehold Mannors Messuages Lands Tenements and Hereditaments
thereby respectively given and devised or so many of them as are now
Existing undetermined or capable of taking Effect and I give and
bequeath to my Cousin Mrs Ann Crowch Daughter of Mr Charles
Crowch of Stratford in the County of Suffolke the sum of one
hundred pounds to be paid by my Executrix within one year after
my decease and I do hereby ratify and confirm my said will
and former Codicill in all other respects and declare this to be part
of my last will and Testament In witness whereof I have to this
Codicil set my hand and seal this twenty Eighth day of July one
thousand seven hundred and thirty seven John Pyke signed
sealed published and declared by the said John Pyke to be part of
his last will and Testament in the presence of us who as witnesses
of the same have in his presence and at his request subscribed
our names Hutton Perkins Law: Cottam Thos Heaton


This Will was proved at London with two Codicills
annexed the sixteenth day of December in the year of our Lord
one thousand seven hundred and thirty eight before the W??full
Robert Chapman Doctor of Laws ^ Master Keeper or Commissary			^ he Right Bettesworth
of the Prerogative Court of Canterbury lawfully constituted By the


Oath of Sarah Pyke widow the Relict and Sole Executrix in the said
will named to whom administration was granted of all and
singular the Goods Chattells and Creditts of the said deceased She
being first sworn duly to administer


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Last Modified: Wednesday, 17-Aug-2011 10:02:03 NDT