1 April 1803 Will of Samuel Pyke of Northam, Devon, esquire (proved 11 March 1815)

Source: TNA, PROB 11/1566

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 Samuel Pyke of Staddon Hill within the
parish of Northam in the County of Devon Esquire First I give devise & bequeath
unto my Friends Henry Downe of Burrough within the parish of Northam
aforesaid Esquire and William Henry Hatherly of Shebbertown within the parish
of Abbotsham in the said County Gentleman their Heirs & Assigns All those my
								     Messuages


Messuages and Tenements called or known by the severall names of Bowde otherwise
Bowde Wood Horsleigh or Holly & ?ibbs siutate lying & being with the several
parishes of Braunton and Bricland Brower in the said County of Devon now
in the possession of John Snow & Samuel Shapton and all other my Lands and
Tenements and Hereditaments situate & lying within the said parishes of
Braunton & Brickland Brower or either of them with all and singular the
Rights Members & Appurtenances to the same respectively belonging and the Reversion
& Reversions remainder & Remainders thereof To have and to hold the said
Messuages Lands Tenements and Hereditaments with their & every of their Appurts
& the equity of redemption thereof unto & to the use of the said Henry Downe and
William Henry Hatherly their heirs & assigns for ever Upon trust that they the said
Henry Downe & William Henry Hatherly or the Survivor of them or the heirs
Exors admors or assigns of such Survivor do & shall with all convenient speed
after my decease sell dispose of and convey all and singular the said Messuages
Lands Tenements and Hereditaments with the Appurtenances and the Fee Simple
and Inheritance thereof or all other Estate Right & Title Interest which I shall
be intitled unto of & in the same Hereditaments & premises at the time of my 
decease either entirely or together or in parts & parcels by public Sale or Outcry
auction or private Contract unto any person or persons who shall be willing
to become & be the purchaser or purchasers thereof of any part thereof for the
most money that can be reasonably had for the same & do and shall for that 
purpose make & execute all such Deeds Conveyances & Assurances as they the said
Henry Downe & William Henry Hatherly or the Survivor of them or the heirs 
Exors admors or assigns of such Survivor shall think fit and I do hereby declare
my will to be that upon payment of the money to arise by such Sale or Sales
of the said Messuages Lands Tenements & Hereditaments or any of them or any part
or parts thereof respectively it shall & may be lawful to & for the said Henry
Downe & William Henry Hatherly & the Survivor of them & the heirs Exors
Admors & Assigns of such Survivor to give & sign any receipt or Receipts for the
money to arise by such Sale or Sales or any part thereof respectively which
Receipt or Recipts shall be good & sufficient discharge or discharges to any
purchaser or purchasers his her or their respective heirs Exors Admors and
Assigns for so much of the said purchase money as shall be therein expressed
or acknowledged to be received & such purchaser or purchasers his her or their
respective heirs Exors Admors or assigns shall not afterwards be obliged to see
to the application of such purchase money or be answerable or accountable for
any loss misapplication or nonapplication thereof or any part thereof respectively
And my will & mind is and I do hereby direct that the said Henry Downe &
William Henry Hatherly & the Survivor of them & the heirs Exors Admors & Assigns
of such Survivor shall stand possessed of & interested in the monies to arise by
such Sale or Sales respectively as aforesaid Upon the Trusts & for the ??? intents
& purposes hereinafter expressed & contained of & concerning the same (that is
to say) Upon trust that they said Henry Downe & William Henry Hatherly 
& the Survivor of them & the heirs Exors admors & assigns of such Survivor
do & shall deduct retain & reimburse himself & themselves respectively 
In the first place all such Costs charges & Expences as he or they respectively 
shall sustain expend or be put unto in & about the Trusts aforesaid and the
management & execution of the same in any wise howsoever and secondly do
& shall pay satisfy and discharge all such principal money & interest as shall
or may be due & owing from me unto any person or persons whomsoever on
mortgage of the said Hereditaments & premises or any part or parts thereof
and thirdly do & shall pay satisfy & discharge all & every other debt and
debts sum or sums of money whatsoever which shall be due & owing
from me at the time of my decease unto any person or persons whom
soever and upon further trust they the said Henry Downe & William
Henry Hatherly and the Survivor 



of them & the heirs Exors admors or assigns of such Survivor (after such payment
& application so to be made of the said purchase monies as aforesaid) do & shall
pay over the Residue & Surplus (if any) of all & every sum & sums of money
then remaining in their hands unto my Executor hereinafter named his Exors
admors & assigns for the purpose of enabling him & them to discharge my Funeral
& Testamentary expences & the pecuniary Legacies by this my will bequeathed and
upon no other Trust whatsoever and whereas by the Settlement made 
previously to my marriage with my wife Elizabeth Pyke & by another
Settlement made since my marriage in confirmation of the former Settlement
or by one of them a certain annuity or clear yearly Rent Charge of one hundred
pounds is limited & assured from & after my decease unto or for the benefit of
my said wife Elizabeth Pyke & her Assigns during so many years as she
shall happen to live to be issuing & payable out of the Freehold and 
Leasehold Messuages Lands & Tenements therein particularly mentioned and
amongst others out of the said Messuages & Tenement called Bowde or
Bowde wood now for the purpose of this my will and that my said Trustees
& the Survivor of them & the heirs Exors admors & assigns of such Survivor 
may more easily accomplish the Trusts aforesaid I do hereby recommend my
said wife to relinquish the said annuity or yearly rent charge of one hundred
pounds and to join in any Conveyances or assurances for the purpose of 
conveying and assuring my Freehold and Leasehold Messuages Lands Tenemants
& Hereditaments To the uses upon the trusts and for the intests & purposes
in this my will expressed declared & contained of & concerning the same respectively 
and I make this recommendation to my wife for the purpose of more easily
carrying into effect the uses & trust in this my will contained it being my
intention to make a more simple provision for my said wife by this my Will
Also I give devise & bequeath unto my said Friends Henry Downe & William 
Henry Hatherly their heirs & assigns All that my Messuage & Tenement called or
known by the name of Staddon Hill situate lying & being within the
parish of Northam aforesaid with the rights members and appurtenances to the
same belonging (freed & absolutely discharged of & from the said annuity or
yearly rent charge of one hundred pounds payable to my said wife in
or by the Settlements herein before referred to or one of them so far as I
can or have power or authority to direct the same Premises to be freed
& discharged of & from the same) To hold the said Messuage & Tenement
last mentioned unto the said Henry Downe & William Henry Hatherly their
heirs & assigns for ever To the uses upon the Trusts and to & for the intents
& purposes hereinafter expressed declared & contained of & concerning the same
(that is to say) To the use of my said wife Elizabeth Pyke & her assigns for
& during the term of her natural life if she shall so long continue my widow
without impeachment of or for any manner of waste and from & immediately
after her decease or second marriage which shall first happen Then to
the use of my Nephew Samuel Pyke & his assigns for and during the term
of his natural life without impeachment of waste & with such power of 
leasing as hereinafter mentioned & from & after the determination of that
Estate by any means in his lifetime To the use of the said Henry Downe
& William Henry Hatherly their heirs & assigns during the natural life of
my said Nephew Samuel Pyke In trust to support the contingent remainders
hereinafter limited from being defeated or destroyed and for that purpose to
make entries and bring actions as occasion shall require but nevertheless
to permit my said Nephew Samuel Pyke and his assigns during his life
to receive & take the Rents Issues & Profits thereof to and for his & their own
use & benefit and from & after his decease Then to the use of the first
second thirt fourth fifth sixth and all and every other son & sons of my said
Nephew Samuel Pyke as they & every of them shall be in seniority of age
& priority of birth of the several & respective heirs of the body & bodies of all
& every such Son & Sons lawfully issuing every elder of such Sons and the
									heirs


Heirs of his Body lawfully issuing being always preferred & to take before the youner of them & the Heirs of
  of his body issuing and in default of such Issue To the use of all & every
the Daughter & Daughters of my said Nephew Samuel Pyke & of the heirs
of the body & respective bodies of such Daughter & Daughters equally to be
divided between them if more than one share & share alike as Tenants in
common and not as joint Tenants with cross Remainders between such Daughters
and in default of such issue to the use of my Brother John Pyke & his
assigns for & during the term of his natural life without impeachment of
waste & with such power of leasing as hereinafter mentioned & from & after
his decease Then to the use of my Nephew John Pyke & his assigns for and
during the term of his natural life without impeachment of waste & with
such power of Leasing as hereinafter mentioned & from & after the 
determination of that Estate by any means in his lifetime To the use
of the said Henry Downe and William Henry Hatherly & their heirs & assigns
during the natural life of my said Nephew John Pyke In trust to support
the contingent Remainders hereinafter limited from being defeated or destroyed
& for that purpose to make entries & bring actions as occasion shall require but
nevertheless to permit my said Nephew John Pyke & his assigns during his
life to receive and take the Rents Issues & profits thereof to & for his & their own
use & benefit and from & after his decease Then to the use of the first second
third fourth fifth sixth and all & every the son & sons of my said Nephew John
Pyke as they & every of them shall be in seniority of age & priority of birth
and of the several & respective heirs male of the body & bodies of all & every
such Son & Sons lawfully issuing every elder of such Sons & the heirs of 
his body issuing being always preferred & to take before the younger of the
and the heirs of his body issuing And in default of such Issue To the use of
all & every the Daughter & Daughters of my said Nephew John Pyke and of
the heirs of the body & respective bodies of such Daughter & Daughters equally 
between them share & share alike as Tenants in common & not as joint
Tenants with cross remainders between such Daughters and in default of such
Issue To the use of my Nephew Joseph Pyke & his assigns for & during the
term of his natural life without impeachment of waste with such power of 
Leasing as hereinafter mentioned & from and after the determination of that 
Estate by any means in his lifetime To the use of the said Henry Downe &
William Henry Hatherly their heirs & assigns during the natural life of the 
said Joseph Pyke In trust to spuport the contingent Remainders hereinafter 
limited from being defeated or desetroyed & for that purpose to make entries & bring
actions as occasion shall require but nevertheless to permit the said Joseph
Pyke & his assigns during his life to receive & take the Rents & profits
thereof toand for his & their own use & benefit and from & after his decease
To the use of the first second third fourth fifth & sixth and all & every other
Son & Sons of the said Joseph Pyke as they and every of them shall be in
seniority of age and priority of birth and of the several & respective heirs
of the body & bodies of all & every such Son & Sons lawfully issuing every
elder of such Sons and the heirs of his body 
   issuing being always prefered and to take before the
younger of them & the heirs of his body issuing and in default of such issue
To the use of all & every the Daughter & Daughters of the said Joseph Pyke
& the heirs of the body & respective bodies of such Daughter and Daughters
equally to be divided between them (if more than one) share & share alike as
Tenants in common & not as joint Tenants with cross Remainders between
such Daughters and in default of such Issue To the use of my own right heirs
for ever Also I give & bequeath unto my said wife Elizabeth Pyke & her assigns
my two Seats in Northam Church and also the use of all my plate Linen China
household Goods & Furniture whatsoever and wheresoever for & during her
natural life if she shall so long continue my widow and I direct that an
Inventory of the said Plate Linen China household Goods & Furniture shall
be taken after my decease for the satisfaction of my Executors hereinafter named
									      who


who will be intitled thereto after the decease or marriage of my said wife also I
I give & bequeath unto my said Wife Elizabeth Pyke the sum of fifty pounds to be
paid her within three months next after my death also one horse Sadle & Bridle &
my best pilllon & two Cows which I direct her to make choice of out of all the Stock
I shall die possessed of and I give & bequeath unto my said Wife all my Stock of 
wines & Liquors of what kind soever and all the Jewels Diamonds Rings & Plate
which belonged to her before her marriage or hath been since given her by 
any person or persons together with all the Books found in my house at my
decease marked in her or any of her familys name and it is my will that what I
have given & bequeathed to my said Wife as aforesaid shall be wholly exempt from
the payment of my Debts Also I give & bequeath unto my Sisters Elizabeth Miles
& Thomazin Pyke & my Nephew Richard Vernon the Sum of of Fifty pounds each
to be paid to them respectively with three months after my decease and I give & 
bequeath unto my Sister Prudence Vernon the sum of Ten pounds for mourning I
should have given my Sister five hundred pounds a piece agreeably to my late
Fathers & Mothers desire in case the personal Estate of the family had not been
rendered of little or no value on account of my loss in shipping & the alteration 
of times Also I give devise & bequeath unto my friends Thomas Stafford of Oporto
within the kingdom of Portugal Merchant & the Revd Herman Drewe of Abbotts
near Honiton Clerk all other my freehold Messuages Lands Tenements Heredits
& Real Estate not hereinbefore by this my will devised and also all & singular my
Messuages Lands Tenements & Premises which I am or shall be possessed of or
intitled unto for any long term or terms for years absolute or otherwise with all
& singular the rights members & appurtenances to the same respectively belong
To hold the same & every part & parcel thereof respectively unto the said Thomas
Stafford & Herman Drewe their heirs Exors admors & assigns for ever or for
& during all my Estate & Interest in the same Hereditaments & premises respectively
To the several uses upon the several trusts and to & for the ends intents & purposes
and under & subject to the provisoes & declarations hereinafter mentioned
expressed & declared of & concerning the same respectively (Taht is to say upon
trust and to the use intent & purpose that they the said Thomas Stafford & Herman
Drewe & the Survivor of them & the heirs Exors Admors & assigns respectively
of such Survivor do & shall permit & suffer my said wife Elizabeth Pyke and
her assigns yearly & every year for and during the term of her natural life to
have receive & take out of the Rents issues & profits of my said last mentioned
Freehold & Leasehold Hereditaments & premises one annuity yearly rent charge or
sum of one hundred & fifty pounds of lawful money of Great Britain clear of all
Taxes & Deductions whatsoever payable & to be paid at or upon the four most usual
Feasts or days for payment of rent in the year (that is to say) the Twenty fifth
day of March the Twenty fourth day of June the twenty ninth day of September
& the Twenty fifth day of December by even & equal portions the first payment
thereof to begin & be made on such of the said days as shall first happen next
after my decease subject to the proviso hereinafter contained as to the annual sum
of one hundred & fifty pounds and upon this further Trust & to this further use
intent & purpose that they the said Thomas Stafford & Herman Drewe & the
Survivor of them & the heirs Exors Admors & assigns respectively of such
Survivor do & shall permit & suffer my said Nephew Samuel Pyke & his
assigns during the natural life of my said Wife Elizabeth Pyke if my said
Nephew Samuel Pyke shall so long happen to live to have receive and
take out of the Rents Issues & profits of my said last mentioned Freehold
& Leasehold Hereditaments & premises one other annuity yearly Rent charge 
or sum of one hundred pounds of like lawful money clear of all Taxes and
Deductions whatsoever payable & to be paid at or upon the four most usual Feasts
or days of payment of Rent in the year (that is to say the Twenty fifth day of
March the Twenty fourth day of June the twenty ninth day of September the
Twenty fifth day of December by even & equal portions the first payment
								   thereof


thereof to begin & be made on such of the said days as shall first happen next after
my decease and upon this further trust and to this further use intent & purpose
that they the said Thomas Stafford & Herman Drewe & the Survivor of them
& the heirs Exors admors & assigns of such Survivor respectively do & shall permit
& suffer my said Nephew Samuel Pyke & his assigns from & after the decease of
my said Wife Elizabeth Pyke yearly & every year for & during the term of his
natural life (in lieu & stead of the aforesaid annuity or yearly Rent charge of one
hundred pounds) to have receive & take out of the Rents Issues & profits of my said
last mentioned freehold & Leasehold Hereditaments & premises one anuity yearly
Rent charge or sum of Two hundred pounds of like lawful money clear of
all Taxes & Deductions whatsoever payable and to be paid at or upon the four
most usual Feasts or days for payment of Rent in the year (that is to say) the
twenty fifth day of March the Twenty fourth day of June the Twenty ninth
day of September & the Twenty fifth day of December by even & equal portions
the first payment of the last mentioned annuity or yearly rent charge to begin
& be made on such of the said days as shall first happen next after the decease
of my said wife Elizabeth Pyke and to this further use and intent that if the said
several & respective annuities or yearly Rent charges of one hundred & fifty
pounds one hundred pounds & two hundred pounds or either of them or any
part of them or of either of them respectively shall be behind & unpaid by
the space of twenty days next over or after any of the said days of payment
whereon the same respectively is & are hereinbefor eappointed to be paid as
aforesaid then & so often it shall & may be lawful to & for my said Wife
Elizabeth Pyke & her assigns & my said Nephew Samuel Pyke & his Assigns
respectively into & upon the said Freehold & Leasehold Hereditaments & premises
last mentioned or any part of parts thereof to enter & distrain & the distress & distressed
then & there found to take sell & dispose of as in the case of distresses taken for
Rent in arrear reserved upon any Demise or Lease for a term of years until she he
& they respectively shall be paid the several annuities or yearly Rent Charges as
aforesaid and all arrears thereof respectively together with the Costs & Charges of
such distress & sale and to this further use & intent that in case the said several
and respective annuities or yearly Rent Charges of one hundred & fifty pounds one
hundred pounds & two hundred pounds or either of them or any part of them
or either of them respectively shall be behind & unpaid by the space of forty
days next over or after any of the said days of payment whereon the same
respectively ought to be paid as aforesaid (altho' no demand be made thereof
respectively) Then & so often it shall & may be lawful to and for the said
Elizabeth Pyke & her assigns & Samuel Pyke & his assigns respectively unto and
upon the said Freehold & Leasehold Hereditaments & premises last mentioned
or any part thereof in the same of the whole to enter & the same to have hold
& enjoy & to receive & take the Rents Issues & Profits thereof & of every part
thereof to & for his her & their own use & benefit respectively until he she or
they shall therewith & thereby or by any other means be fully paid & satisfied
the said several annuities or yearly Rent charges & all arrears thereof
respectively due at the time of any such entry or afterwards to become due
during his her or their respectively being in possession of the same Freehold
& Leasehold Hereditaments & premises last mentioned together with all Costs charges
& Expences which she he or they respectively shall sustain by reason of the nonpayment
of the said Annuities or yearly rent charges respectively at the respective days &
times aforesaid and as to & concerning all & singular my said Freehold Messuages
Lands Tenements Hereditaments & Real Estate last mentioned (subject to the said
annuities or yearly Rent charges of one hundred & fifty poudns one hundred pounds
& two hundred pounds and to such powers & remedies for recovery of the same
respectively as aforesaid) To the use of my said Brother John Pyke & his assigns
for & during the term of his natural life without impeachment of waste & with such
power of Leasing as hereinafter mentioned and from & after his decease to the
use of my said Nephew Samuel Pyke & his assigns for & during the term of his
								    natural



natural life without impeachment of waste & with such power of leasing as
hereinafter mentioned and from & after the determination of that Estate by
any means in his lifetime to the use of the said Thomas Stafford & Herman
Drewe their heirs & assigns during the life of my said Nephew Samuel
Pyke In trust to support the contingent remainders hereinafter limited
from being defeated or destroyed and for that purpose to make entries & bring
actions as occasion shall require but nevertheless to permit my said Nephew
Samuel Pyke & his assigns during his life to receive & take the Rents & profits
thereof to & for his & their own use & benefit and from and after his decease
to the use of the first second third fourth fifth sixth & all & every other Son & Sons
of my said Nephew Samuel Pyke as they & every of them shall be in seniority 
of age & priority of birth and of the several & respective heirs of the body and
bodies of all & every such Son & Sons lawfully issuing every elder of such sons and
the heirs of his body issuing being always preferred and to take before the
younger of them & the heirs of his body lawfully issuing and in default of such
Issue to the use of all & every the Daughter & Daughters of my said Nephew
Samuel Pyke & of the heirs of the body & respective bodies of such Daughter and
Daughters equally to be divided between them if more than one share & share alike
as Tenants in common & not as joint Tenants with cross Remainders between such
Daughters and in default of such Issue to the use of my Nephew John Pyke &
his assigns for & during the term of his natural life without impeachment of
waste & with such power of leasing as hereinafter mentioned And from & after 
the determination of that Estate by any means in his lifetime To the use of
the said Thomas Stafford & Herman Drewe their heirs & Assigns during the
natural life of my said Nephew John Pyke In trust to support the
contingent Remainders hereinafter limited from being defeated or destroyed
and for that purpose to make entries & bring actions as occasion shall
require but nevertheless to permit my said Nephew John Pyke & his assigns
during his life to receive & take the Rents issues & profits thereof to & for his
& their own use & benefit and from & after his decease then to the use of 
the first second third fourth fifth sixth & all & every other son & sons of my said
Nephew John Pyke as they & every of them shall be in seniority of age &
priority of birth & of the several & respective heirs of the body & bodies of all &
every such Son & sons lawfully issuing every elder of such Sons & the heirs 
of his body issuing 
	being always preferred & to take before the younger of them & the Heirs of his Body issuing 
   and in default of such issue To the use of all & every the
Daughter & Daughters of my said Nephew John Pyke & of the heirs of the
body & respective bodies of such Daughter & Daughters equally between them
share & share alike as Tenants in common & not as joint Tenants with
cross remainders between such Daughters and in default of such Issue To the
use of my Nephew Joseph Pyke & his assigns for & during the term of his
natural life without impeachment of waste & With such power of leasing 
as hereinafter mentioned and from & after the determination of that Estate
by any means in his lifetime To the use of the said Thomas Stafford and
Herman Drewe their heirs & assigns duding the natural life of the said Joseph
Pyke In trust to support the contingent the remainders hereinafter limited
from being defeated or destroyed and for that purpose to make entries & bring
actions as the case shall require but nevertheless to permit the said Joseph
Pyke & his Assigns during his life to receive & take the Rents Issues & profits thereof
to and for his & their own use & benefit and from & after his decease To the
use of the first second third fourth fifth sixth & all & every other son & sons
of the said Joseph Pyke as they & every of them shall be in seniority of 
age & priority of birth and of the several & respective heirs of the body & bodies
of all and every such son & sons lawfully issuing every elder of such sons
& the heirs of his body issuing
	being always preferred & to take before the younger of them & the Heirs of his Body issuing
   and in default of such Issue To the use of
all & every the Daughter & Daughters of the said Joseph Pyke and of the
heirs of the body & respective bodies of such Daughter & Daughters equally to
be divided between them if more than one) share & share alike as Tenants
								   in



in common & not as joint tenants with cross remainders between such Daughters
and in default of such Issue To the use of my own right heirs for ever and as
to & concerning my said Leasehold Messuages Lands Tenements & premises
subject to the several annuities or yearly rent charges of one hundred & fifty
pounds one hundred pounds and two hundred pounds and to such powers
& remedies for recovering of the same respectively as aforesaid) Upon trust for
such person or persons as for the time being and from time to time shall be
intitled to my Freehold Messuages Lands Tenements & Hereditaments last mentioned
under or by virtue of the uses & limitations in this my will contained it being my
will & intention that the said last mentioned freehold hereditaments & premises
and my said Leasehold premises shall go be held & enjoyed together by the same
person or persons so nearly as the rules of law or equity will admit but it is never
theless my will & intention that the said leasehold premises shall not vest
absolutely in any Child or Children of my said Brother John pyke or my said
Nephews Samuel Pyke John Pyke & Joseph Pyke respectively until such Child or
Children respectively shall attain the age of twenty one years provided however
that such Child or Children respectively for the time being shall when in the
actual possession of the said Leasehold premises by virtue of the trusts in this my
will contained during his her or their minority or minorities respectively be intitled to
the Rents & profits of the said leasehold premises provided also and I do hereby declare
& direct that it shall & may be lawful to & for my said Brother John Pyke &
my said Nephews Samuel Pyke John Pyke & Joseph Pyke respectively when & as 
they shall respectively come into & be in possession of my said freehold & Leasehold
Messuages lands Tenements Hereditaments & premises by this my will given and
devised as aforesaid or any part thereof under or by virtue of the   Limitations
in this my will contained by any Indenture or Indentures to be sealed & delivered
by them respectively in the presence of & attested by two or more credible witnesses
(but subject & without prejudice to the said several annuities or yearly Rent 
charges aforesaid and to the several powers & remedies hereinbefore in this my will
contained for the recovery of the same respectively) to limit & appoint by way
of demise or Lease my said Freehold & Leasehold Hereditaments & premises or any
part or parts thereof to any person or persons whomsoever for any term or number
of years not exceeding twenty one years from the making of such Demise or Lease
respectively to take effect in possession & not in reversion or by way of ?????
interest so as there shall be received on every such limitation or appointment by
way of demise or lease the best or most improved yearly Rent or Rents to be incident
to the immediate reversion of the said freehold & Leasehold premises so to be
lmited or appointed that can or may be had or gotten for the same without taking
any Fine premium or foregift for the making thereof and so as there be contained
in every such limitation or appointment by way of demise or lease a condition
of reentry for nonpayment of the Rent or Rents to be thereby to be respectively 
received and so as the 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 respectively to be reserved and be not by any Clause or words therein
to be contained exempted from punishment for committing waste provided
also I do hereby declare that the annual or yearly sum of one hundred pounds
part of the said annuity or yearly Rent charge of one hundred & fifty pounds
by this my will limitted unto and for the benefit of my said wife Elizabeth
Pyke as aforesaid is in lieu & stead of the annuity or yearly Rent charge of one
hundred pounds so limitted & assured unto or for the benefit of my said said Wife &
her assigns in & by the Settlements by me hereinbefore referred to or one of them
and is to be taken & received by her in lieu of the Dower at common Law of the
said Elizabeth Pyke in or to all & every or any of the Messuages Lands Tenements
& Hereditaments whereof I shall be seised of any Estate of Inheritance at the
time of my decease provided likewise and I do hereby further declare & direct
that in case my said wife Elizabeth Pyke shall happen to marry after my decease
with any person whomsoever then and from thenceforth the annual sum or
							       yearly



yearly Rent charge of Fifty pounds part of the aforesaid yearly Rent charge or
sum of one hundred & fifty pounds and all powers & Remedies by this my Will
given for recovery thereof so far as the same relates to the said annual sum or
yearly Rent charge of fifty pounds shall cease determine & be void to all intents
& purposes whatsoever Lastly all the Residue & Remainder of my Goods Chattels
& personal Estate & Effects whatsoever I give & bequeath unto my said Brother 
John Pyke his heirs admors & assigns and I do appoint my said Brother John
Pyke Executor of this my last Will & Testament revoking all former Wills by me
made and in case the Residue & Surplus of the monies to arise by sale of my said
Lands & Hereditaments in Braunton & Buckland Brewer aforesaid to which 
my said Executor will become intitled under the Trusts in this my will contained
together with my said Residuary personal Estate & Effects so bequeathed to my
said Executor shall be insufficient for payment of my Debts funeral & testamentary
Expences & Legacies & which are to be applied for such purposes after the monies
to arise by the Sale of my said Lands & Hereditaments in Braunton & Bruckland
Brewer aforesaid shall have been applied to & for the intents aforesaid then I 
do hereby authorise & empower the said Thomas Stafford & Herman
Drewe the Survivor of them his Exors or Admors & Assigns to sell & dispose
of so much & such part & parts of my said Leasehold Messuages Lands Tenements
& Premises by me hereinbefore given & bequeathed upon the trust aforesaid as
will be sufficient to make up the deficiency notwithstanding the Trusts in this
my will contained concerning the same and I do declare that the Receipt or
Receipts of the said Thomas Stafford & Herman Drewe & the Survivor of them
his Exors Admors & Assigns shall be a sufficient discharge and discharges to the
purchaser or purchasers of my said Leasehold premises or any part or parts thereof
who shall not afterwards be answerable for the misapplication or nonapplication
of the purchase monies or any part thereof nor be obliged to enquire concerning
the application of the same or any part thereof or whether any Sale or Sales
was or were necessary for the purposes of this my will and further I do hereby
declare & direct that the said Thomas Stafford & Herman Drewe Henry Downe
& William Henry Hatherly their heirs Exors admors & assigns respectively shall be charged
& chargeable only for so much monies as they or any of them shall respectively 
actually receive by virtue of the trusts ?? contained in this my will notwith
standing his or their or any of their signing any Receipt or Receipts for conformity
& that any one or more of them shall not be answerable for the others or other of
them or for the Acts Receipts neglects or defaults of the others or other of them but
each of them only for his own acts Receipts neglects and defaults respectively and that
they or any of them shall not be answerable or accountable for any loss or
damage which may happen in the execution of the aforesaid Trusts or in relation
thereunto except the same shall happen by or through their own wilful defaults
respectively and also that it shall be lawful for the said Thomas Stafford Herman
Drewe Henry Downe & William Henry Hatherly their heirs Exors admors & assigns
respectively by & out of any monies which shall come to their respective hands by
virtue of the trusts aforesaid to retain & reimburse to himself & themselves 
respectively & to allow to his & their Co Trustee & Trustees respectively all Costs Charges
damages & Expences which they or any of them shall suffer sustain or be put unto
in or about the execution of the aforesaid Trusts or in relation thereunto In
witness whereof I have hereunto set my hand unto the first eleven Sheets and
my hand & seal unto the twelfth sheet annexed containing my last Will and
Testament the first Day of April one thousand eight hundred & three
Sam Pyke  LS  Signed sealed published & declared by the above named
Samuel Pyke the Testator as & for his last Will & Testament the words Thomas 
Stafford & Herman Drewe in the eighth Sheet by the same person or persons
in the tenth sheet being first interlined) in the presnece of us who at his request
& in his presence & in the presence of each other have subscribed our names as witnesses
thereto  James Knight  Eliz Clibbett  Chas Carter Junr


Whereas Samuel Pyke of Staddon Hill within the parish
of Northam in the County of Devon Esquire have already made & executed my last will and
Testament in writing & in & by the same last Will and Testament (amongst other things
I have devised & bequeathed unto Henry Downe & William Henry Hatherly therein named
their heirs & assigns all that my Messuage & Tenement called or known by the name of
Staddon Hill within the parish of Northam aforesaid with the appurtenances freed & discharged
from the annuity or Rent Charge of one hundred pounds payable to my wife as therein
mentioned To hold the said Messuage & Tenement unto the said Henry Downe & William
Henry Hatherly their heirs & assigns for ever To the use of my wife Elizabeth Pyke & her
assigns for the term of her natural life if she should so long continue my widow
without impeachment of waste & after her decease or second marriage which should
first happen Then to the use of my Nephew Samuel Pyke & his assigns during the
term of his natural life without impeachment of waste and with power of leasing
as therein mentioned with remainder to the said Henry Downe & William Henry
Hatherly their heirs & assigns during the natural life of my said Nephew Samuel
Pyke in trust to support the contingent Remainders thereinafter limited with Remainder
To the first second third fourth fifth sixth & all & every other Son & Sons of my said
Nephew Samuel Pyke in Tail as therein mentioned with Remainder to the Daughters
of my said Nephew Samuel Pyke in tail

   with cross
Remainders between such Daughters with divers Remainders over as in the said
will are particularly set forth Now I do by this Instrument in writing which I hereby
direct shall be taken as a Codicil to my said will confirm the said Devise of my
said Messuage & Tenement called Staddon Hill so far only as the same Messuage
& Tenement is limited by my said will To the use of my said wife Elizabeth Pyke and
her assigns & my said Nephew Samuel Pyke & his assigns and of the Sons & Daughters
of my said Nephew Samuel Pyke and the heirs of their bodies respectively in
manner as in the said will is expressed and in all other respects I do revoke the uses
& Limitations in the said will contained of & concerning the said Messuage & Tenement
called Staddon Hill and in default of Issue of my said Nephew Samuel Pyke Then
I direct that the said Henry Downe & William Henry Hatherly their heirs & assigns
shall stand & be seized of my said Messuage & Tenement called Staddon Hill with
the appurtenances after the decease or second marriage of my said wife To & for
the only use & behoof of my Brother John Pyke his heirs & assigns for ever to
whom in such case I do hereby give devise & bequeath the same accordingly
and whereas by my said last Will & Testament I have given devised & bequeathed
unto Thomas Stafford and the Revd Herman Drewe therein named all other
my Freehold Messuages Lands Tenements Hereditaments & Real Estate (except
certain Messuages & Tenements therein mentioned devised by my in trust for
sale for payment of my Debts) and also all & singular my Messuages Lands
Tenements & premises which I was or should be possessed of or entitled unto for
any long term or terms for years absolute or otherwise with the appurtenances to the
same respectively belonging To hold the same unto the said Thomas Stafford &
Herman Drewe their heirs Exors admors & assigns to the uses upon the trusts and 
for the intents & purposes and subject to the provisoes and Declarations 
   thereinafter expressed & declared and (amongst others upon trust for
securing a clear annuity yearly Rent Charge or sum of one hundred & fifty pounds
unto & for the benefit of my said wife Elizabeth Pyke & her assigns subject to the proviso
thereinafter contained and also upon trust for securing unto & for the benefit of my said
Nephew Samuel Pyke & his assigns during the natural life of my said wife if my
said Nephew should so Long live one other annuity or clear yearly Rent charge of 
one hundred pounds and upon further trust for securing unto my said Nephew 
Samuel Pyke & his assigns after the decease of my said wife Elizabeth yke (in lieu
of the said yearly Rent charge of one hundred pounds) one annuity of yearly Rent
charge of two hundred pounds with powers of distress & entry for recovery of the said
several yearly Rent Charges as therein are particularly mentioned and as to and
									concerning


concerning my said Freehold Messuages Lands Tenements Hereditaments & Real
Estate last mentioned subject to the said several annuities or yearly Rent charges
and to such powers & Remedies for recover of the same as therein mentioned
To the use of my said Brother John Pyke & his assigns for life without impeach
ment of waste & with such power of Leasing as therein mentioned with 
Remainder To the use of my Nephew Samuel Pyke & his assigns for life without
impeachment of waste & with power of leasing as therein mentioned with
Remainder to the use of the said Thomas Stafford & Herman Drewe their heirs
& assigns during the life of my said Nephew Samuel Pyke In trust to support the
contingent Remainders thereinafter limited with Remainder to the first second third
fourth fifth sixth and all and every other Son & Sons of my said Nephew Samuel
Pyke in Tail 
  as therein mentioned with remainder to theDaurs of my said Nephew Samuel Pyke in Tail
  with cross remainders between such Daughters with divers Remainders 
ever as in the said will are particularly expressed and as to & concerning my said
Leasehold Messuages Lands Tenements & premises (subject to the said several annuities
or yearly Rent Charges and to such powers and Remedies for recovery of the same
as thereing mentioned) Upon trust for such person or persons as for the time being
and from time to time should be entitled to my Freehold Messuages Lands
Tenements & Hereditaments last mentioned under or by virtue of the uses and
Limitations in my said Will contained under such provisions as are therein
contained concerning the same Now I do by this Codicil confirm the said
Devise & bequest of my said Freehold & Leasehold Messuages Lands Tenements & 
Hereditaments last mentioned so far as the same  are limited upon trust for 
securing the said several annuities or yearly Rent Charges as aforesaid subject
to the provisoes powers & Remedies in my said Will contained concerning the said
annuities or yearly Rent charges respectively and also so far as the same
Freehold & Leasehold Messuages Lands Tenements & Hereditaments last mentioned are
limited to the use of my said Brother John Pyke & his assigns & my said Nephew
Samuel Pyke 
  & his Assigns & of the   Daurs of my sd Nephew Samuel Pyke
  & the heirs of their bodies respectively in manner as in the said 
will is mentioned and in all other respects I do revoke the uses & trusts in my said will
contained or referred to concerning my said Freehold & Leasehold Messuages Lands
Tenements & Hereditaments last mentioned and in default of Issue of my said Nephew
Samuel Pyke in whom the said Leasehold ?????es shall become vested according to my said
will then it is my will & I direct that the said Thomas Stafford & Herman Drewe
heir heirs Exors Admors & Assigns shall stand seized & be possessed of my said freehold
& Leasehold Messuages Lands Tenements & Hereditaments last mentioned (subject to
the said annuities or yearly Rent Charges & to such powers & provisoes concerning the
same as in my said Will are mentioned) To & for the only use & behoof of & in trust for
my said Brother John Pyke his heirs Exors Admors & Assigns to whome I do hereby
give devise & bequeath the same accordingly subject to the payment of such part
of my Debts as my Estates devised by my said will in trust for sale for that purpose
shall be insufficient to pay & discharge and I do declare it to be my will & meaning 
that in case my Sisters or either of them or any person or persons in their right
shall claim the Legacy or sum of five hundred pounds mentioned in the will of
my & their late Mother to which I do not consider they will in any wise become
entitled then I do revoke the Legacy or Legacies bequeathed by my said will unto
my said Sisters respectively or to such of them as shall set up such Coaim as aforesd
and I do ratify & confirm my said Will in all respects not hereby altered In witness
whereof I have to the first Sheet of this my Codicil subscribed my name and
to this second & last Sheet thereof subscribed my name & set my Seal the
Twentieth day of July in the year of our Lord one thousand eight hundred & three
Saml Pyke  (LS)  Signed sealed published & declared by the within named
Samuel Pyke as & for a Codicil to be annexed unto & taken as part of his last Will and
Testament in the presence of us who at his request in his presence & in the presence of 
each other have subscribed our names as witnesses thereto the Erazure between the
31st & 32d lines & the interlineation between the 32nd & 33d lines of the second sheet
being first made  Chas Carter Junr  James Knight  The Mark of
Elizabeth Harper


On the 11th march 1815 Admon (Will annd) of the Goods &c of Samuel Pyke
formerly of Appledore but late of Northam in the Co of Devon deceased was granted
to Jane Pyke Wd the Relict & sole Executrix named in the Will of John Pyke decd
whilst living the Brother sole Exor & Residuary Legatee named in the Will of 
the said Deceased having been first sworn duly to admr said John Pyke the
Brother sole Exor & Residy Legatee named in sd will survived sd deceased but is
since dead without havg taken upon him the probate & execution thereof

Last Modified: Sunday, 19-Apr-2020 13:08:40 NDT