09 September 1842 Will of John Pike of Oxford, merchant (proved 14 February 1845)

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 Oxford Merchant I direct that all my just debts fu-
neral and testamentary expences shall be paid and discharged as soon
as may be after my death I bequeath to my dear Wife Maria all my
housekeeping stores and provisions wines Liquors Fuel household fur-
niture plate linen China Brasing utensils and other household effects
including the glass in use at my dwelling house also all my prints 
pictures and books of every description (except Account books) trusting how-
ever in regard to my books that she will not dispose of them either by
will or otherwise except amongst my children but this expression of
my confidence shall not abridge her absolute ownership in them or
create any equity in my Childrens favor I also bequeath to my said
wife her wearing apparel and all the ornaments of her person articles 
and things generally reputed hers And I give to her the sum of One
hundred pounds sterling money for her immediate use to be paid to
her within one Calendar month after my decease and I give to her
the clear yearly sum of two hundred pounds per annum during her
life to be paid to her without any deduction by equal half yearly 
payments and the first half yearly payment thereof to be made at 
the expiration of six calendar months from my death and I declare that
the provisions made for my said wife by this my will are intended to be 
in bar of dower and free ???ti I bequeath to the several persons next
hereinafter named the several legacies or sums of sterling money which
follow theri respective names namely to each of my two daughtesr one
hundred pounds to my Sister Mary Gower One hundred pounds to
my Sister Sarah Shum One hundred pounds to Charles Gardener 
who is now and had been for several years last in my employ One hund-
red pounds to Thomas Morris also in my employ fifty pounds and to 
William Whiting also in my employ ten pounds And I direct the 
said pecuniary legacies to my said daughters to be paid to them
within one Calendar month next after my death and the several 
other pecuniary legacies to be paid to the respective legatees above
mentioned at the end of twelve Calendar months next after my


decease and as to all the said legacies I direct the same to be paid free
from legacy duty and all other deductions whatsoever provided neverthe-
less and I declare that if either of the said several legatees above named
(my said two daughters only excepted) shall die in my life time leaving
children or a child the legacy intended for the legatee so dying shall
not lapse or fall by such death but shall go and be paid to the children
if more than one equally or the child if only one of such deceased legatee
I give to each of my Trustees hereafter named who shall take upon
him the office of Trustee the legacy or sum of ten pounds and all my
real and Personal estate of whatsoever tenure or nature with the ex-
ception of such real estates as are vested in me upon any trusts whatso-
ever or by way of mortgage I devise appoint and bequeath unto and
to the use of my friends Henry Leake of Heavington near Oxford Gentle-
man Henry Ward the elder of Oxford Coal Merchant and Charles
Pilcher of Wickfield near Windsor in the County of Berks Gentleman
their heirs executors and administrators according to the nature of 
the property upon the trusts hereinafter expressed that is to say upon
trust that the Trustees or Trustee for the time being do at such time or
times as they or he in their or his ???entrolled discretion shall think
fit sell and convert into money the said real estate and also such part
of the said personal estate as shall not consist of money or securities for
money and do at their or his discretion either call in the money due
on the said securities or continue the same respectively in their respect-
ive actual state of investment and I direct that out of the money to arise
from the sale of my real estate or arising from or constituting part of my
personal estate and subject to the payment of my just debts funeral
and testamentary expences a competent sum shall be set apart and
invested by the said Trustees or Trustee in the public stocks or funds or
at interest upon Government or real security to answer by the dividends
and interest thereof the payment from time to time of the said life 
annuity to my said wife and subject thereto that the said mones shall
be applied in payment of the several pecuniary begacies bequeathed by
this my will or which I may hereafter bequeath together with such
duty as shall attach in respect of the same legacies and other the dis-
positions contained in this my will and subject to the charge of the 
said annuity for my said wife upon the Stocks funds or securities ap-
propriated for the payment thereof that the same Stocks funds and 
securities and also the residue of the said monies arising from the 
sale of my real estate or arising from or constituting part of my per-
sonal estate shall be divided into four equal parts or shares And I 
bequeath unto each of my four children one such share and as to the
shares of each of my two daughters I direct the same to be retained and
invested by the said Trustees or Trustee for the time being of this my will
in their or his names or name in the public Stocks or funds or at int-
erest on Government or real securities and to be held by the said trustees 
or trustee under the name of "The Settled Trust fund" upon the trusts 
or for the purposes hereinafter expressed that is to say upon trust dur-
int the life of each such daughter rspectively to pay the interest div-
idends and annual produce of such settled trust fund unto such daught-
ter for her separate use without having any power of anticipation 
And after the decease of such daughter then to stand possessed of or 
interested in such settled trust fund the annual income of which she
is to be entitled to for her life as aforesaid In trust for all her children
equally or her child if only one who shall attain the age of twenty
one years or marry under that age with the consent of their his or 
her parents or surviving parent Guardians or Guardian Provided nev-
ertheless and I declare that in case any child or children of either of 


my said daughters shall depart this life under the age of twenty one
years having married without such consent as aforesaid leaving issue 
which shall be living at his her or their death or respective deaths the
issue of such child so dying shall take and in equal proportions if more 
than one person the share or portion which such child would have 
taken under the trusts aforesaid if he or she has lived to attain the age 
of twenty one years Provided always and I do hereby empower each of my said two 
daughters by her will to appoint all or any part of the annual income 
of such settled trust fund the interest of which she is to be entitled to for
her life as aforesaid to be paid after her decease to any husband who
shall survive her for his life And I also declare and direct that it shall
be lawful for the said Trustees or Trustee for the time being at any
time or times during the minority of any of my Grandchildren who
may be presumptively entitled to any benefit under this my will 
subject and without prejudice to the interst of parties entitled for life
to the income of any part of the trust fund or trust property under
this my will to apply the whole or any part of the principal of the
portion or portions to which each such Grandchild may be entitled as
aforesaid for his or her preferment advancement or benefit in such 
manner as the said Trusteees or Trustee for the time being may in 
their or his discretion think fit and subject and without prejudice to 
the interest of parties entitled for life as aforesaid to apply for or towards 
the maintenance and education of each such Grandchild during his or
her minority all or any part of the interest dividends and annual pro-
duce of the portion or portions to which such Grandchild may be pre-
sumptively or absolutely entitled by virtue of this my will the said Trust-
tees or Trustee accumulating as far as may be during such minority 
the surplus (if any) of the interest dividends and annual produce of 
such portion or portions by way of compound interest such accumula-
tions to form part of and go along with the principal fund whence
the same shall have proceeded And I further declare that in case 
either of my said daughters shall not have any issue who under or
by virtue of this my will shall obtain a vested interest in the settled
trust fund the annual income of which she is to be entitled to for life
as aforesaid it shall be lawful for each such daughter of whom there 
shall be a failure of issue by her will or by any writing in the na-
ture of a will or any Codicil or Codicils thereto in writing to be by her 
signed or acknowledged as by law is required for rendering valid be-
quests by will to appoint and dispose of the whole or any part of such
settled trust fund to or in favor of such person or persons as she may
think proper And in default of such appointment or disposition or in
case any such shall be made which shall not extend to the whole
of such her settled trust fund then the same fund or so much thereof 
or such interest therein as shall not be so disposed of shall be divided 
in equal shares among my then surviving children or child and the
issue of any children or child of mine who may have previously de-
parted this life leaving issue ???? so nevertheless that the issue of any
deceased children or child of mine shall not take amongst them any
further or greater share than the parents or parent of such issue 
would have taken if then living And I moreover direct that the share
which either of my daughters happening to survive may take under 
the trust last aforesaid shall be held upon the same trusts for the 
benefit of such daughter her issue and appointees and be subject to
the like powers and provisions in all respects as far as the nature 
of the case will admit as are expressed in this my will in regard to
the original settled trust fund provided by this my will for such daugh-
ter provide always nevertheless and notwithstanding the devises and 


bequests hereinbefore in this my will contained respectively I do with
reference to the several trades or businesses which may be carried on by
me at Oxford at the time of my decease declare that if my two Sons or
in case of the disinclination or previous death of either of them then the
other of them shall be minded and desirous with the approbation of 
the major part in number of the acting Trustees of this my will to
carry on the same trades or businesses or any part or branch thereof
respectively on their or his own account and shall within the space of 
twenty four days from the time of my decease signify such their or his
desire to the said Trustees or Trustee for the time being in writing 
then and in such case I direct the said Trustees or Trustee to cause my
Stock and the Capital employed in the trades or businsses or trade or
business in which I shall be so engaged and to which my said Sons
or either of them as the case may be shall be desirous of succeeding
to be forthwith valued by two competent valuers one to be named by 
the said Trustees or Trustee and the other to be named by the party
proposing to purchase or if such valuers shall disagree by a third 
valuer to be named by them before entering upon the valuation as
their umpire And I authorize the said Trustees or Trustee for the time
being of this my will to sell and make over to my said Sons or Son as
the case may be my Stock in trade and the utensils effects and proper-
ty of every description (including horses and Carriages) used or employ-
ed in the trades or businesses aforesaid or such branch or part thereof
as my said Sons or Son may be desirous of succeeding to at and for 
such price and prices or sums of money as the said premises shall be
valued at in preference to selling the same in any other manner Pro-
vided nevertheless that my said Sons or Son (as the base may be) 
shall not in the event aforesaid be required to pay any consideration 
for the good will or custom of the trades or businesses they or he may
be desirous of succeeding to And if my said Sons or either of them shall
upon the terms aforesaid take to my said trades and businesses and 
be desirous of carrying on the same in or upon the premises in Oxford 
wherein I now occupy the same and which I hold and occupy as a ten-
ant at rack rent then I direct that such Sons or Son (as the case may be) 
shall have the option so far as I can confer that power of taking to
and becoming the tenants or tenant of the same premises at the 
same or the like rent and for and upon the term or terms and con-
ditions in all respects as the same premises are or at the time of my
decease may be held or rented by me and without being liable to
account to my representatives for the value of any fixtures belonging 
to me or my estate as tenant or occupier of the same premises But 
nevertheless upon condition that such Sons or either of them electing to
take tot he said lastly mentioned premises shall give and execute to
the Trustees and Executors of this my will a Bond or other sufficient 
Insecurity for saving harmless the Trustees and Executors of this my 
will from all loss which may be incurred by reason of any responsi-
bility or liability arising out of the tenancy of the said premises or by
reason of any matter or thing connected therewith And whereas it is
my intention that the Trustees or Trustee for the time being of this 
my will should exercise a discretion as to the time for effecting the 
sale of my real and leasehold property and that in the mean time 
and until the sale of the following property part thereof namely my
freehold dwelling houses and buildings at Jericho in Saint Thomas 
Parish in Oxford the Ground rent which I have reserved in a lease of 
property in the same Parish granted by me to Mr Thomas 
Winterbourne for a long term and my leasehold dwellinghouses at
Walton Place in the said Parish of Saint Thomas shall take place


that the annuity which I have herein before given to my said wife shall
be a charge upon the said lastly mentioned property I therefore declare
and direct that until the sale of the freehold and leasehold heredita-
ments and premises hereinbefore specified or descrbied situate in the 
said Parish of Saint Thomas and the said Ground rent shall be ef-
fected the same respective hereditaments and premises shall be consid-
ered as primarily chargeable with and for the payment to my said
wife of her aforesaid annuity and that the same shall issue as a 
rent charge out of the freehold and leasehold hereditaments and prem-
ises last aforesaid and if the said annuity shall be in arrear for twen-
ty one days next after either of the half yearly days of payment ???
thereof hereinbefore mentioned then the same shall so far as concerns
the said freehold and leashold hereditaments and presmies 

lastly described or referred to be re-
coverable by my said wife out of the same hereditaments and premises
or any part thereof in like manner with rent reserved on common de-
mises And subject as aforesaid I direct that until the sale of all and sing-
ular my real and leasehold property the rents and profits of the same 
respectively shall be payable and applicable to the persons and in
the manner to and in which the income of the money to arise 
from such sale would be payable or applicable if such sale had actually
taken place And I devise unto and to the use of the said Henry Leake
Henry Ward and Charles Pilcher and their heirs all such real estates
as are vested in me upon any trusts whatsoever or by way of mortgage
to be held by them upon such trusts or subject to such equity of redemption 
as shall be subsisting therein respectively at my death And I declare 
that it shall be lawful for the Trustees or Trustee for the time being acting
in the trusts hereby created to convert into money any of the Stocks funds
and securities held for the time being upon any of the trusts of this
my will and to invest the money to be produced therefrom in any of 
the public Stocks or funds or at interest upon Government or real securities 
in the names or name of the said Trustees or Trustee and to repeat 
such transposition of the trust funds or any part thereof as often as it
may be thought expedient provided that every such conversion invest-
ment or transposition be made with the consent in writing of the person
or persons entitled to the immediate perception of the interest dividends
and annual produce of the money stocks funds or securities proposed 
to be converted invested or transposed if there be any such person liv-
ing but if not then such conversion investment or transposition may
be made at the discretion and of the proper authority of the said 
trustees or trustee And I declare that the receipts in writing of the 
Trustees or Trustee for the time being acting in he trusts hereby 
created or any of them for any monies payable to them or him by
virtue of this my will shall be an effectual discharge for the same 
and that the persons respectively to whom such receipts shall be 
given shall not be     obliged to see to the application
of the money therein expressed to be received nor be answerable for the
misapplication thereof provided always and I declare that in case 
my friend Harry Ward shall happen to depart this life in my life
time or surviving me shall decline or become incapable to act in the
trusts of this my will at my death then that my friend JOhn Purdue
of High Street in the Borough of Southwark shall be substituted in the
place of the said Henry Ward as one of the Trustees and Executors 
of this my will and in such case I direct that this my will shall be


read and construed as if the name of the said John Purdue had been
inserted therein in the place and stead of the name of the said Henry
Ward throughout And further I direct that in case either of the Trustees
named in this my will except the said Henry Ward or any succeed-
ing Trustee or Trustees to be appointed as hereinbefore and hereinafter 
are mentioned shall depart this life either in my life time or after
my decease or decline or become incapable to act in the trusts here-
by created or any of the said trusts before the same shall be fully
executed and performed then and so often as the case may happen
it shall be lawful for the surviving or continuing trustees or trustee
or in the event of the retirement of all the trustees or of the only trus-
tees for the time being then for such retiring trustees or trustee or the
acting legal personal representative or representatives for the time
being of the last acting Trustee by any writing under the hands or
hand of the persons or person so exercising this present power to ap-
point any person or persons to supply the place of the Trustees or
Trustee so dying or declining or becoming incapable to act for all or
any of the purposes aforesaid and that immediately after such appointment
the trust estate and effects shall be conveyed transferred assigned or 
assured so and in such manner as that the same may be vested in 
the new Trustees or Trustee jointly with the surviving or continuing 
Trustees or Trustee of the same estate and effects or in the newly ap-
pointed trustees solely as the case may require and my will is that 
every new Trustee or Trustees as well before as after such Conveyance 
Transfer Assignment or Assurance shall exercise the same powers 
and authorities in all the trusts and for all the purposes in and for
which he or they shall be so appointed as fully as if he or they had
been originally appointed a Trustee or Trustees by this my will And 
I do hereby declare and direct that the Trustees named in this my
will and the Trustee or Trustees to be appointed as hereinbefore is
mentioned shall be charged and chargeable with such monies only
as they respectively shall actually receive by virtue of this my will
notwithstanding their giving or signing or joining in giving or sign-
ing any receipt or receipts for the sake of confirmity and that any one
or more the  said trustees shall not be answerable or accountable 
for the others or other of them but each of them for his own acts re-
ceipts neglects and defaults respectively and that the said trustees 
shall not be answerable or accountable for any person or persons with
whom or in whose hands any of the trust monies may be deposited 
lodged or entrusted for safe custody or otherwise nor for the deficiency or
insufficiency of any Stocks funds or securities in or upon which any
of the trust monies may be inversted as aforesaid nor for any misfor-
tune loss or damage which may happen to the said trust estate 
and effects in the execution of the aforesaid trusts or in relation there-
to unless the same happen by or through their respective wilful
default and that it shall be lawful for the said trustees by and out
of the monies which shall come to their respective hands by virtue 
of this my will to reimburse themselves respectively all costs charges 
damages and expences which they respectively may sustain ex-
pend or incur in or about the execution of the aforesaid trusts or in
relation thereto And I appoint the said Henry Leake Henry Ward
and Charles Pilcher Executors of this my last will and Testament 
and in the event of the said Henry Ward dying in my life time or
declining or becoming incapable to act as hereinbefore mentioned 
then I appoint the said John Purdue jointly with the said Henry
Leake and Charles Pilcher Executor in the room and stead of the said
Henry Ward of this my said last will and Testament and do authorize


and empower them my said Executors or my personal representatives
or representative for the time being to compromise any debt claimed
from or as being due to my estate and to adjust and settle by reference
to arbitration or otherwise upon such terms as may be thought reas-
onable all accounts transactions matters and things relating to my
estate In witness whereof I the said Testator John Pike have to this
my last Will and Testament contained in nine sheets of paper set
my hand and seal that is to say my hand to the eight preceding
sheets thereof and my hand and seal to this ninth and last sheet
the Ninth day of September in the year of our Lord one thousand 
eight hundred and forty two  John Pike  LS  The foregoing last 
Will and Testament of the above named Testator John Pike was
signed and sealed by him at the foot or end thereof and each of the 
preceding sheets thereof was signed by him in the presence of us (being 
each present at the same time) who at his request in his presence 
and in the presence of each other have hereunto subscribed our names
as witnesses  Jno Walsh  Solr Oxford  Gordn Layman  Oxford

Thsi is a Codicil to the last Will and Testament of me John
Pike which will bears date this present Ninth day of September one
thousand eight hundred and forty two with reference to the power in
my said will contained of appointing new Trustees I will and direct that 
in case the Trustees under my will shall at any time by death or 
otherwise be reduced to one in number then that the person exercising 
the power of appointing new trustees to supply the vacancies in the
Trusteeship shall before he exercise such power obtain the consent in
writing of the persons or person for the time being entitled for life to
the Income of any part of the trust fund or trust property to be vested 
in the new trustees jointly with such surviving or continuing trustee
if any such persons or person shall be in existence but otherwise the
power of appointment shall and may be exercised of the sole discretion 
of such surviving or continuing Trustee and I confirm my said will 
except as aforesaid In witness whereof I have hereunto set my hand
this Ninth day of September in the year of our Lord one thousand 
eight hundred and forty two  John Pike  Signed by the above named
Testator John Pike as a Codicil to his last will and Testament in the
presence of us (being both present at the same time) who at his re-
quest in his presence and in the presence of each other have hereunto
subscribed our names as witnesses  Jno Walsh  Gordn Layman

Proved at London (with a Codicil) 14th February 1845 before the 
Worshipful Jesse Adams Doctor of Laws and Surrogate by the Oaths of
Henry Leake one of the Executors named in the said will and John
Purdue the Executor subscribed in the said will in the event therein
mentioned to whom Admon was granted having been first sworn duly 
to administer Henry Ward the elder and Charles Pilcher the other 
Executors and two of the Residuary Legatees In trust named in the said 
will having renounced the probate and execution thereof and also the 
Letters of Admon with the said will and Codicil annexed of the goods of 
the   deceased (as by Acts of Court appears)

Last Modified: Sunday, 02-Oct-2022 15:03:47 NDT