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Source: TNA, PROB 11/2174
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 John Pike of the Parish of Antony Saint Jacob in the County of No 1 Cornwall Yeoman] I give and bequeath All and singular my household goods furniture plate linen printed books pictures and other goods chattels and effects whatsoever which shall be in or upon my dwellinghouse at the time of my decease except only money securities for money title deeds books of account vouchers and writings unto my dear wife Ann Pike for her absolute use and benefit [And I give and bequeath the sum of one thousand and five } hundred pounds stock three and a quarter per cents (being a portion of the } No 2 stock of that denomination now standing in my name of the books of the } Governor and Company of the Bank of England unto my said Wife Ann } Pike and my nephews John Pike and Thomas Pike both of Antony Saint } Jacob aforesaid Farmers] sons of my late brother Thomas Pike their execu } tors administrators and assigns Upon trust that they the said trustees or the sur- vivors or survivor of them her or his executors or administrators or their her or his assigns so and shall from and immediately after my decease stand possessed of and interested in the said sum of one thousand and five hundred pounds stock and the dividends and annual proceeds thereof Upon the trusts and for the ends intents and purposes following that is to say Upon trust that they the said trustees or trustee for the time being do and shall pay the said dividends and annual proceeds of the said sum of one thousand and five hundred pounds stock from time to time when and as the same shall be by them her or him received unto my said wife Ann Pike or at her request authorize and empower her to receive and retain the same to and for her own use and benefit for and during the term of her natural life And from and immediately after the decease of the survivor of me and my said wife then Upon trust that the said trustees or trustee for the time being do and shall pay the said dividends and annual proceeds of the said sum of one thousand and five hundred pounds stock from time to time when and as the same shall be by them or him received into the proper hands of Margaret Brook (niece of my said wife and wife of John Brook heretofore of Sconebr???? but now of London Gentleman) for her sole and separate use and benefit for and during the term of her natural life exclusively and independently of her pre- sent or any future husband his creditors or assigns who shall not inter- meddle with the same or any part thereof nor have any control or interest in or over the same And the receipts of the said Margaret Brook alone or of such person or persons as she shall appoint to receive the said divi- dends and annual proceeds or any part thereof shall from time to time notwithstanding her present or any future coverture be good and effectual discharges to the said trustees or trustee for the time being for so much money as in such receipts respectively shall be acknowledged to be received [And from and immediately after the decease of the survivor of me and my said } Wife and the said Margaret Brook Then the said sum of one thousand } and five hundred pounds stock and the dividends and annual proceeds } thereof shall be In trust for all and every the present and future born } children and child of the said Margaret Brook who being a son or sons } No 3 has or have attaned or shall attain the age of twenty one years or being } a daughter or daughters has or have attained or shall attain that age or } marry under that age And to be divided between and amongst the said } children if more than one in equal shares as tenants in common And if } there shall be but one such child then the whole to be In trust for such } one or only child] And I hereby declare that after the decease of the sur- } ivor of me and my said Wife and the said Margaret Brook and during such time as the said children or any of them being a son or sons shall be under the age of twenty one years or being a daughter or daughters shall be under that age and unmarried the said trustees or trustee for the time being shall apply the whole or a competenet part of the dividends and annual proceeds of the share or respective shares to which such child or children respectively shall be for the time being entitled in exectancy under this my Will in the said sum of one thousand and five hundred pounds stock for or towards his her or their respective maintenance educa- tion or otherwise for his her or their respective benefit And shall accumu- late at compound interest so much of the same dividends and annual pro- ceeds as shall not for the time being be required for the purposes last afore said in the names or name of the said trusteees or trustee for the time being in stock of the denomination aforesaid And the accumulations which shall be so made shall belong to the person or persons who whall ultimately become entitled to the fund or funds from which such accumulations shall have proceeded And I hereby further declare that it shall be lawful for the said trustees or trustee for the time being after the decease of the she sur vivor of me and my said wife but with the consent in writing of the said Margaret Brook during her life to raise and apply for or towards the advancement or preferment in the world of any of the children of the said Margaret Brook any part (not exceeding one half) of his or her share or expectant share under the trusts aforesaid of and in the principal of the said sum of one thousand and five hundred pounds stock notwithstanding any such share shall not then have become vested or transferrable under or by virtue of the said trusts And I hereby declare that in case at the time of my decease there shall not be a sufficient amount of stock three and a quarter per cents standing in my name in the books of the Governor and Company of the Bank of England out of which to appropriate and satisfy the said legacy or sum of one thousand and five hundred pounds stock so bequeathed upon trust as aforesaid then I give and bequeath to the said trustees or trustee for the time being such sum of money as shall then be sufficient to purchase the sum of one thousand and five hundred pounds stock three and a quarter per cents or so much thereof as shall be required to make up the full amount of the said legacy of one thousand and five hundred pounds like stock And I direct that the said last mentioned sum of money be paid by my executors hereinafter named to the said trustees or trustee for the time being with all convenient speed after my decease And I direct the said trustees or trustee for the time being thereupon to invest the said last mentioned sum of money in their or his names or name in the purchase of so much of the said stuck as shall be required to make up such deficiency and to stand possessed of and interested in the said sum of one thousand and five hundred pounds stock so to be replaced or made up as aforesaid and the dividends and annual proceeds thereof Upon the trusts hereinbefore declared of and concerning the said sum of one thousand and five hundred pounds stock hereinbefore bequeathed and the dividends and annual proceeds thereof And I hereby declare that the said legacy or sum of one thousand and five hundred pounds stock hereinbefore bequeathed upon trust as aforesaid shall take priority of all and every the legacies hereinafter bequeathed in case of a deficiency of assets and shall not be subject to any abatement whatsoever And I give and bequeath the sum of one hundred and twenty pounds sterling unto each and every of my nephews and nieces (sons and daughters of my late brother William Pike deceased) namely Catherine Martyn Wife of Joseph King Martyn of Stoke Damerel in the County of Devon a Master in the Royal Navy Sam Pike William Pike Sarah Pike Elizabeth Johnson Wife of Johnson a Commander in the Royal Navy Ann Pike and Anthony Blanchard Pike for their respective absolute use and benefit But in case any or either of my said nephews and nieces shall happen to die in my lifetime without leaving any child or children him her or them respectively surviving then I give and bequeath the legacy or respective legacies hereinbefore bequeathed to him her or them so dying as aforesaid unto the survivors or survivor of them my said nephews and nieces absolutely and if more than one in equal shares as tenants in common Also I give and bequeath the sum of one hundred and twenty pounds sterling unto each and every of my nephews and nieces sons and daughters of my late brother Anthony Pike deceased namely Mary Ann Bennett Wife of William Bennett of Plymouth in the said County of Devon Head Master of the Classical School in Princess Square in Plymouth aforesaid Sarah Bowsen wife of William Bowsen of Totnes in the said County of Devon Surgeon Anthony Pike Ellen Graves Wife of Graves a Purser in the Royal Navy William Pike John Pike Emily Pike and Basil Wood Pike for their respective absolute use and benefit But in case any or either of them my said nephews and nieces (sons and daughters of my said brother Anthony Pike) shall happen to die in my lifetime without leaving any child or children him her or them respectively surviving then I give and bequeath the legacy or respec- tive legacies hereinbefore bequeathed to him her or them so dying as afore- said unto the survivors or survivor of them my said last mentioned nephews and nieces absolutely and if more than one in equal shares as tenants in common And I give and bequeath the sum of one hundred and twenty pounds sterling unto my niece Elizabeth Pike Liscombe Widow of John Lavers Liscombe deceased and daughter of my last sister Sally Lyne Widow decased for her absolute use and benefit Also I give and bequeath the sum of one hundred and twenty pounds sterling unto each of them my nephew and niece (son and daughter of my said brother Thomas Pike) namely Sarah Lidstone Wife of William H Manamede Lidstone of Townsend Hill near Plymouth aforesaid Gentleman and Edward Anthony Pike for their respective absolute use and benefit But in case either of them the said Sarah Lidstone and Edward Anthony Pike shall happen to die in my lifetime without leaving any child or children him or her surviving then I give and bequeath the legacy hereinbefore bequeathed to him or her so dying unto the survivor of them absolutely And I hereby direct that the said several legacies hereinbefore bequeathed to my said nephews and nieces shall be paid to them respectively (but without interest) at the expiration of twelve calendar months next after my decease But in case any of of my said nephews shall at the expiration of the said twelve calendar months be under the age of twenty one years or in case any one of my saide nieces shall then be under that age and unmarried then I direct that the legacy hereinbefore bequeathed to such nephew shall be paid to him on his attain- ing the said age of twenty one years and the legacy hereinbefore bequeathed to such niece shall be paid to her on her attaining that age or marrying under that age with interest on the said last mentioned legacies respectively at the rate of three pounds per cent per annum to be computed from the expi- ration of the said twelve calendar months And as to all and singular my ????ehold messuages or dwellinghouses and premises and all my farm stock and implements of husbandry and all and singular other the residue and remainder of my goods chattels money securities for money money in the public stocks funds or securities or in any bank or banks and other my personal estate effects and property of what nature or kind soever and wheresoever which I shall or may be possessed of interested in or entitled unto at the time of my decease And such personal estate and effects as by virtue of any power I am or shall be enabled to dispose of by this my Will except such personal estate and effects as are or may be vested in me upon any trusts or by way of mortgage I give and bequeath the same and every part thereof unto and to and for the absolute use and benefit of my ???? nephews John Pike and Thomas Pike sons of my said brother Thomas Pike their executors administrators and assigns in equal shares as tenants in common Subject nevertheless to the payment thereout of all my just debts and funeral and testamentary expenses And I give devise and bequeath All the estates vested in me upon any trusts or by way of mortgage and which I have power to dispose of by this my Will with their appurtenances unto and to the use of the said John Pike and Thomas Pike sons of my said brother Thomas Pike their heirs executors administrators and assigns according to the nature and tenure thereof respectively Upon trust to hold or dispose of the said trust estates in the manner in which they ought to be held or disposed of pursuant to the said trusts And upon payment of the money secured on mortgage to convey or assign the estates in mortgage to the person or persons entitled thereto for the time being And I appoint the said John Pike and Thomas Pike sons of my said brother Thomas Pike Executors of this my Will And I hereby declare that the receipts of my said trustees or trustee for the time being for any money payable to them her or him under this my Will shall effectually discharge the person or persons to whom the same shall be respectively give from being obliged to see to the application or from being answerable or accountable for the loss misap- plication or nonapplication of the money therein respectively mentioned to be received Provided always And I do hereby declare that as often as ?? trustees hereby appointed or to be papointed as hereinafter mentioned or any or either of them or their or any or either of their heirs executors administrators or assigns shall die or desire to be dishcarged from or refuse or decline or become incapable to act in the trusts hereby in them respectively reposed as aforesaid before the said trusts shall be fully executed it shall be lawful for the then surviving or continuing trustees or trustee or the executors or administrators of the last surviving or continuing trustee by any deed or deeds instrument or instruments in writing to be by them her or him sealed and delivered in the prsence of and attested by two or more credible witnesses from time to time to appoint any new trustee or trustees in the place of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as afore- said And upon the appointment of every new trustee all the trust estates moneys and premises or such of them as shall be then subject to the trusts aforesaid shall be thereupon with all convenient speed legally and effectually vested in such new trustee or trustees either solely or jointly with the surviving or continuing trustee or trustees as occasion shall re- quire To the uses upon and for the trusts intents and purposes hereinbefore declared and contained of and concerning the said trust estates moneys and premises or such of the said uses trusts intents and purposes as shall be then subsisting And every such new trustee shall have all the powers of the trustee in whose room he shall be substituted And I do hereby further declare that the said several trustees hereby appointed and to be appointed as aforesaid and ??? of them and the heirs executors administrators and assigns of them and every of them shall be chargeable respectively for such moneys only as they respectively shall actually receive by virtue of the trusts aforesaid notwith standing their or any of their signing or joining in signing any receipt or receipts for the sake of conformity And any one or more of them shall not be answerable for the other or others of them nor for involuntary losses And also that it shall be lawful for them with and out of the moneys which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively and also to allow to their respective cotrustee or cotrustees all damages and expences which they or any of them shall or may suffer disburse or be put unto in or about the execution of the aforesaid trusts or in relation thereto And lastly I hereby revoke all wills codicils and other testamentary dispositions made by me at any time heretofore and declare this to be my last Will and Testament In Witness whereof I have to each and every of the fore- going sheets of this my Will contained in nine sheets of paper subscribed my name and to this ninth or last sheet set my hand and seal the seven teenth day of September in the year of our Lord one thousand eight hundred and fifty two John Pike LS Signed sealed published and declared by the said testator John Pike as and for his last Will and Testament in the presence of us who were present at the same time and who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto the words "their executors administrators and assigns" having been first interlined between the eighteenth and nineteenth lines of the first page Edward Sole of Devonport Devonshire Solicitor J Trenhaile his Clerk Proved at London 21st June 1853 before the Judge by the oaths of John Pike and Thomas Pike the nephews the Executors to whom admin was granted having been first sworn by Comon duly to administer
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Last Modified: Sunday, 19-Apr-2020 12:17:25 NDT