1807 Will of Joseph Pike of Chudleigh (proved 23 October 1810)

Source: TNA, Prob/11/1516

A transcript of the will of Joseph's son William can be found here.

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.

In the Name of God Amen
Joseph Pike of Chudleigh in the County of Devon Gentleman being
in perfect health of body and of sound and disposing mind memory and
understanding thanks be to God for the same Do make publish and declare
this my last Will and Testament in manner following (that is to say)
First I give and bequeath unto my Son John Pike his Exors Admons and
assigns all my Household Goods Furniture Plate Linen and China and
all other my Implements of Household that shall be in my Dwellinghouse
and premises in Chudleigh at the time of my death Also I give and
bequeath unto John Jones of Chudleigh aforesaid Gentleman the sum
of Twenty pounds to buy Mourning Also I give and bequeath unto each
of my Grandchildren John Jones William Jones and Mary Jones Sons
and Daur of the said John Jones by my late Daur Mary Jones
his Wife the Sum of Four hundred pounds of lawful British Money to
be paid and payable to them as hereinafter directed Also I give and
devise unto The Revd Henry Mugg of Chudleigh aforesaid and John
Pulling of the same place Sergemaker All that my Messuage
Tenement and Premises called Ramscombe situate lying and being in
the said parish of Chudleigh to hold the same and every part thereof
with its Rights Members and Appurts unto the said Henry Mugg and
John Pulling their Heirs and Assigns for Ever upon trust nevertheless
and to and for the several Ends Intents and purposes hereinafter
mentioned (that is to say) To the use and behoof of my son William
Pike and his Assigns for and during the term of his natural life
without impeachment of or for any manner of waste Except
voluntary waste in Houses and Buildings and from and after the
determination of that Estate by forfeiture or otherwise in his lifetime
To the use and behoof of the said Henry Mugg and John Pulling and
their Heirs during the life of the said William Pike In trust to preserve
the contingent Remainders hereinafter limited from being defeated and
destroyed and for that purpose to make Entries and bring actions as the
case shall require [and for that purpose to make Entries and bring as]            [ <-- crossed out ]
                                                               But


[the case shall require] But nevertheless to permit and suffer the said
William Pike and his assigns during his natural life to receive and
take the Rents Issues and Profits thereof to his and their own use and
benefit and from and after the decease or other determination of the
Estate for life of the said William Pike to the use and behoof of Ann the
Wife of the said William Pike and her assigns during the term of her
natural life she keeping the same in good repair and not felling any
Timber except for Repairs of the same Premises and from and after the
determination of that Estate by forfeiture or otherwise in her life time to the
use of the said Henry Mugg and John Pulling and their Heirs during the
life of the said Ann Pike In trust to preserve the continent Remainders
hereinafter limited from being defeated or destroyed and for that purpose
to make Entries and bring actions as the case shall require But nevertheless
to permit and suffer the said Ann the Wife of the said William Pike and
her assigns in case she shall happen to survive her said Husband
to receive the Rents Issues and Profits thereof during her natural life and
from and after the decease of the Survivor of them the said William
Pike and Ann his Wife To the use and behoof of all and every the Child
and Children of the said William Pike on the body of the said Ann
his Wife begotten or to be begotten his her and their Heirs and assigns Share
and Share alike equally to be divided between them to take as Tenants
in common and not as joint Tenants and of the Several and respective
Heirs of such Child and Children lawfully issuing and in default of such
Issue or being any such and all of them shall happen to die without
Issue lawfully begotten in the life time of the said William Pike Then
to the use and behoof of any future or after taken Wife of the said
William Pike for her life (in like manner as given to the said Ann the
present Wife of the said William Pike) punishable for waste and from
and after her decease To the use and behoof of all and every the Child and
Children of the said William Pike on the body of such second or after
taken Wife equally to be divided between them Share and Share alike
to take as Tenants in common and not as joint Tenants and of the
several and respective Heirs of such Child and Children lawfully issuing
and in default of such Issue to the use and behoof of my Son John
Pike and his assigns for and during the term of his natural life
without impeachment of or for any manner of waste except voluntary
waste in Houses and Buildings and from and after the determination
of that Estate by forfeiture or otherwise in his life time To the use of the
said Henry Mugg and John Pulling and their Heirs during the
life of the said John Pike In trust to preserve the contingent Remainders
hereinafter limited from being defeated and destroyed and for that purpose to make
Entries and bring actions as the Case shall require But nevertheless
to permit and suffer the said John Pike and his assigns during his
natural life to receive and take the Rents Issues and Profits thereof
to his and their own use and benefit and from and after the decease or
other determination of the Estate for the life of the said John Pike To the use
and behoof of all and every the Child and Children of the said John Pike
on the body of any Woman with whom the said John Pike may first
Intermarry lawfully to be begotten his her and their Heirs and assigns
Share and Share alike equally to be divided between them to take as
Tenants in common and not as joint Tenants and in default of such
Issue or being any such and all of them shall happen to die without
lawful Issue in the life time of the said John Pike Then to the use and
behoof of all and every the Child and Children of the said John Pike on
the body of any second or after taken Wife equally to be divided between
them Share and Share alike to take as Tenants in common and not
as joint Tenants and of the Several and respective Heirs of such


Child and Children lawfully Issuing (and in default of all such Issue To
the use and behoof of my said Grandchildren John Jones William Jones
and Mary Jones their Heirs and Assigns for Ever Share and Share alike
equally to be divided between them to take as Tenants in common and
not as joint Tenants) Also I give devise and bequeath unto the said
Henry Mugg and John Pulling all those my four Fields or closes of Land
and two Orchards and Premises called Trendlebears and all that one Field
or close of Land call The Church Hills and all that Linhay and three Fields
or closes of Land called the Mills Stone Ground and all that my Dwelling
House and Premises now occupied by me with their Several Rights Members
and Appurts all which said several Premises are situate in Chudleigh
aforesaid To hold the same and every part and parcel thereof with their
several Rights Members and Appurts unto the said Henry Mugg and
John Pulling their Heirs and Assigns for Ever upon trust nevertheless and
to and for the several uses intents and purposes hereinafter mentioned
that is to say (To the use and behoof of my Son John Pike and his
Assigns for and during the term of his natural life without impeachment
of or for any manner of waste except voluntary waste in Houses and
Buildings and from and after the determination of that Estate by forfeiture
or otherwise in his life time To the use of the said Henry Mugg and John
Pulling and their Heirs during the life of the said John Pike In trust
to preserve the contingent remainders hereinafter limited from being
defeated and destroyed and for that purpose to make Entries and bring
actions as the case shall require But nevertheless to permit and suffer the
said John Pike and his Assigns during his natural life to receive and take
the Rents Issues and Profits of the said several premises to his and their
own use and benefit and from and after the decease or other determination
of the Estate for life of the said John Pike To the use and behoof of any
Woman with whom the said John Pike shall hereafter first Intermarry
who shall survive the said John Pike for and during the term of her
natural life she keeping the same in repair and not felling any Timber
Except for repairs of the same Premises and from and after the
determination of that Estate by forfeiture or otherwise in her life time To
the use of the said Henry Mugg and John Pulling and their Heirs
during the life of such Woman In trust to preserve the contingent
Remainders hereinafter limited from being defeated and destroyed and for
that purpose to make Entries and bring actions as the case shall require
But nevertheless to permit and suffer such Woman and her Assigns to
receive and take the Rents Issues and Profits thereof to her and their
own use and benefit during her natural life ^ with whom the said                   ^ and from & after the
John Pike shall first Intermarry To the use and behoof of all and every              decease of the survivor
the Child and Children of the said John Pike on the body of such first               of them the said John
Wife lawfully to be begotten his her and their Heirs and Assigns Share               Pike & such Woman
and Share alike equally to be divided between them to take as Tenants
in common and not as joint Tenants and of the several and respective
Heirs of such Child and Children lawfully issuing and in default of such
Issue or being any such and all of them shall happen to die without
lawful Issue in the life time of the said John Pike Then to the use and
behoof of any future or any after taken Wife of the said John Pike for
her natural life (in like manner as given to the Woman with whom he
may first Intermarry) punishable for waste and from and after her
decease To the use and behoof of all and every the Child and Children
of the said John Pike on the body of such second or after taken Wife
equally to be divided between them Share and Share alike to take as
Tenants in common and not as joint Tenants and of the several and
respective Heirs of such Child and Children lawfully issuing) and in
default of any such Issue To the use and behoof of my said Son
William Pike and his Assigns for and during the term of his natural
                                                               life


life without impeachment of or for any manner of waste Except voluntary
waste in Houses and Buildings and from and after the determination of
that Estate by forfeiture or otherwise in his life time To the use of the said
Henry Mugg and John Pulling and their Heirs during the life of the said
William Pike In trust to preserve the contingent Remainders hereinafter
limited from being defeated and destroyed and for that purpose to make Entries
and bring actions as the Case shall require But nevertheless to permit and
suffer the said William Pike and his assigns during his natural life to
receive and take the Rents Issues and Profits thereof to his and their own use
and benefit and from and after the decease or other determination of the Estate
for life of the said William Pike To the use and behoof of all and every the
Child and Children of the said William Pike on the body of the said Ann
his Wife lawfully begotten or to be begotten his her and their Heirs and
Assigns Share and Share alike equally to be divided between them to take
as Tenants in common and not as joint Tenants and in default of any such
Issue or being any such and all of them shall happen to die without lawful
Issue in the life time of the said William Pike Then to the use and behoof
of all and every the Child and Children of the said William Pike on the body
of any second or after taken Wife equally to be divided between them Share and
Share alike to take as Tenants in common and not as joint Tenants and to
the several and respective Heirs of such Child and Children lawfully issuing
and in default of such Issue To the use and behoof of my said Grand
Children John Jones William Jones and Mary Jones their Heirs and
Assigns for Ever Share and Share alike equally to be divided between them
to take as Tenants in common and not as joint Tenants provided also and I
do declare my Will and meaning to be that it shall and may be lawful to
and for the Person or Persons who for the time being shall be Tenant for
life and be in possession of the premises by the Limitations under this my
Will by Indenture under their respective hands and Seals to Demise and
Lease to any Person or persons all or any of the said Premises to them
severally limited as aforesaid for any Term or number of years not
exceeding seven years in possession and not in reversion remainder or
expectancy so as such Lease or Leases be made dispunishable for waste
and so as upon every such Lease the usual Covenants in such Casea are
contained and there be reserved the greated and most improved yearly
Rent that can or may be had for the same without taking any
Monies or other things by way of Fine or Consideration for such Lease or
Leases and so as the Person or Persons to whom such Lease or Leases
shall be Granted do Seal and Execute Counterparts of the same Lease or
Leases Also I give devise and bequeath unto my said Sons William
Pike and John Pike their Heirs Exors Admons and Assigns All that my
Barn Orchard and Premises situate in Exeterway in the Town of Chudleigh
now in my possession and all my Bonds Notes Mortgages in Fee and
for terms of Years and all my legal and Equitable Estate and Interest
therein and all my Bonds Notes Bills Ready Money and Securities for
Money and all Monies due thereon and all my Goods Chattels Ships
Shipping and Merchandizes Rights Credits Real Personal and
Testamentary Estate whatsoever and wheresoever not hereinbefore given
devised and bequeathed To hold the same unto the said William Pike
and John Pike their Heirs Exors Admons and Assigns upon Trust that
they the said William Pike and John Pike or the Survivor of them and
the Heirs Exors and Admons of such Survivor do and shall as soon after
my decease as may be sell dispose of and convey the said Barn Orchard
and premises in Exeterway unto any person who shall be willing to


become the purchaser and do and shall for that purpose make and Execute
all such deeds Conveyances and Assurances as they shall think fit and their
Receipts shall be good and sufficient discharges for the purchase Monies
and the purchaser shall not be obliged to see to the application of such
Purchase Money or be answerable or accountable for any Loss or
Misapplication thereof and also do and shall call in and receive all
Monies due to me and convert my Goods and Chattels into Money (Except
my said Goods and Chattels of Household before given to my said son John
Pike) and pay and apply the same and the Monies arising by Sale of the
said Barn Orchard and premises in the first place towards payment of
all my Just Debts Legacies and Funeral Expenses and in the next place
pay the said several Sums of Twenty pounds Four hundred pounds
Four hundred pounds and Four hundred pounds hereinbefore given to the
said John Jones and my said Grandchildren John Jones William Jones
and Mary Jones and the Surplus Monies which shall be in their hands
after the payments aforesaid equally to be divided between them my said
Sons William Pike and John Pike their Exors Admons and Assigns Share
and Share alike and I do order and direct my said Trustees and the
Survivor of them and the Heirs Exors and Admons of such Survivor to put
and place out at Interest the said three several Sums of Found hundred
pounds Four hundred and Four hundred pounds so given to my said
Grandchildren John Jones William Jones and Mary Jones upon any
public or private Security and call in such Monies and replace the same
again on such or the like Security and expend and lay out so much of the
produce arising therefrom as my said Trustees in their discretion shall
think fit for and towards the Maintenance Education and advancement
in life of my said Grandchildren John Jones William Jones and Mary
Jones until they shall attain their respective Ages of twenty one years
(so as the same shall not exceed each Childs share and Interest) and
then do and shall pay unto them my said Grandchildren the several
Sums of Four hundred Four hundred pounds and Four hundred pounds
and all Interest due for the same when they shall respectively attain their
Ages of twenty one years and in Case either of them the said John Jones
William Jones and Mary Jones shall happen to die before he she or
they shall have attained his her or their Age or Ages or twenty one years
without lawful Issue Then I order and direct that the Share of him her
or them so dying under the Age of twenty one years and without Issue
lawfully begotten shall go and be paid to the Survivors or Survivor of
them And I do hereby make the said William Pike and John Pike
Exors In trust of this my last Will and Testament and Guardians of
my said Grandchildren John Jones William Jones and Mary Jones and
my Will further is that my said respective Trustess shall retain and be
paid all reasonable Costs and Charges and for all Journies Labour and
Expenses in the Exon of the Trusts hereby in them reposed and that they
shall not be answerable or accountable for any accidental Loss nor the one
for the other of them nor for the Acts Deeds Receipts or Disbursements
of the other of them but each only for his own Acts Deeds Receipts and
Disbursements And I do hereby make void all former Wills and Testaments
by me at any time heretofore made published or declared In Witness
whereof I have to this my last Will and Testament written on six
Sheets of Paper set my hand and Seal (to wit) my hand to the five
first Sheets thereof and my hand and SEal to this last thereof this
first Day of February in the year of our Lord 1807 Joseph
Pike LS Signed Sealed Published and Declared by the above named
Joseph Pike the Testator as and to be his last Will and Testament
in the presence of us who at his request and in his presence and in
the presence of each other have Subscribed our Names at Witnesses


P Hellyer   William Searle   Thos Pulling

Proved at London 23rd October 1810 before the Judge by the
Oaths of William Pike and John Pike the Sons and Exors to whom
Admon was granted being sworn by Comon duly to Administer

Last Modified: Sunday, 19-Apr-2020 12:22:27 NDT