1811 Will of Joseph Pike of Poole (proved 26 January 1813)

Source: TNA, PROB 11/1540

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This is the last Will and testament of me
Joseph Pike of the town & county of Poole Gentleman but late of
Bridport in the County of Dorset I order & direct my just Debts and
Funeral Expences & the charges of the Probate hereof to be first
paid & discharged by my Exors hereinafter named by & out of my
residuary Personal Estate & Effects hereinafter bequeathed I
confirm the Settlement made by me previously to & in contemplation
of my marriage with my dear Wife Mary late Mary Manning
Spinster & also a certain Bond or obligation entered into my be
at that time & forming part of the said Settlement which is
conditioned to be void (amonst other Events) upon payment to
Thomas Manning & Samuel White the trustees named in the
said Settlement of the Sum of two thousand pounds by by Exors or
admons with Interest within six calendar months after my decease
I also give & bequeath unto her my said wife to & for her own use
absolutely the Sum of Fifty pounds to be paid her immediately
after my decease and also all my household Goods & Furniture China
Plate table & Bed linen which I shall have in Poole aforesaid
at the time of my decease & also such linen as may be a part
of my wearing apparel I give & devise my Messuage or tenement
& premises lately occupied as two tenements situate in Market Street
in Poole aforesaid with the Garden & appurts thereto belonging
which premises I purchased partly of James Clark & partly of
Thomas Noad unto & to the use of my Nephew Joseph Dawe of
Taunton in the County of Somerset Draper William Stevens of
Bridport aforesaid Draper & my Nephew by marriage Thomas
Clark late of Street but now of Bridgewater in the County of
Somerset three of my Exors hereinafter named & the Survivors
& Survivor of them & the heirs & assigns of such Survivor In trust
to permit & suffer my said Wife Mary Pike to use occupy and
enjoy the same during the term of her natural life she
keeping the same in tenantable repair or to permit her to
let the same or any part thereof for one year or less time or
from year to year with or without any agreement or renting
for that purpose or to grant & demise the same for any term
or number of years by Indenture of lease or agreement & to
receive the rents issues & profits thereof to & for her own use and
benefit Provided nevertheless & it is my will that my said Wife
shall keep the premises in repair which shall be so let to any
tenant or tenants & that in every such lease or agreement to be
granted as aforesaid the term & Estate thereby to be granted or
demised be determinable on the death of my said Wife & that the
tenant or lessee be bound by a Covenant in such lease or agreement
when in writing to keep the same premises in tenantable
repair and I direct the said Joseph Dawe William Stephens and
Thomas Clarke & the Survivors or Survivor of them & the heirs & assigns of
such Survivor if it shall be deemed necessary to make & execute
any act deed matter or thing for confirming or assuring the said
term & Estate to be so granted & demised as aforesaid & from & after
the decease of my said Wife I give & devise the same unto & to the
use of my said Nephew Joseph Metford of Glastonbury his heirs
& assigns for ever if he the said Joseph Metford shall be living
at the decease of my said Wife but if he shall be then dead then
I give & devise the same unto & to the use of all & every the child
& children of the said Joseph Metford who shall be living at the
decease of my said Wife or being then dead shall have left a child
or children such child or children to take the share which his her or


their parent or parents would have taken if living at that time
equally to be divided amongst them share & share alike and to take as
tenants in common & not as joint tenants & to their several & respective
heirs & assigns for ever & if there shall be but one such child then to
such only child his or her heirs & assigns for ever I also give devise
& bequeath unto my said Nephew Joseph Metford & my said Nephew
Thomas Clark & to their Exors & admors all that my Messuage or
Dwelling house with the outhouses Curtilage Garden & appurts thereto
belonging situate & beign on the North side of the East Street in Bridport
aforesaid upon trust nevertheless to permit & suffer my Niece Amey the
Wife of the said William Stephens of Bridport aforesaid & him the said
William Stephens & their assigns for & during their joint natural lives &
the Survivor of them & her or his assigns for & during her or his natural
life To have hold use occupy possess & enjoy the same & to have receive &
take the rents issues & profits thereof to & for their her & his own use & from
& after the death of the Survivor of them the said Amey Stephens and
William Stephens upon trust for & I do hereby give & devise the same
Messuage or dewlling house with the outhouses Curtilage Garden and
appurts unto all & every the children of the said Amey Stephens by the
said William Stephens begotten or to be begotten who shall be living at
the time of the decease of the Survivor of them the said Amey Stephens
& William Stephens or being dead shall have then left issue & such issue
taking the sahre which the parent would have taken if living
& mo more equally to be divided amongst them if more than one
share & share alike & to take as tenants in common & not as joint tenants
& to their several & respective Exors admors & assigns for & during
all my Estate term & Interest therein then to come & unexpired
and if there shall be but one such child then to such only Child his or
her Exors admonrs & assigns for & during all such my Estate term & Interest
I give & devise my Estate lands tenements & heredits situate at Farmers
Bush & Edmund Hill or elsewhere in the Parish of Saint John
Glastonbury in the County of Somerset unto my said Nephew
Joseph Metford To hold the same unto him my said Nephew Joseph
Metford his heirs & assigns for ever And as to my Close of Meadow
or pasture land called Shatwells late two closes but now divided
by a railing situate in the Parish of Bradpole otherwise Brappole
in the County of Dorset I give & devise the same unto my said Nephews
Joseph Metford & Thomas Clark & to their heirs upon trust
nevertheless to permit & suffer my Niece Amey the wife of the
said William Stephens & him the said William Stephens &
their assigns for & during ^ her or his natural life to receive & take             ^ their
the rents issues & profits to & for their her or his own use & from and              joint natural lives
after the decease of the Survivor of them the said Amey Stephens                     & the Survor of them
& William Stephens upon trust for & I do hereby give & devise                        & her or his
the said Close & premises called Shootwells unto all & every the                     Assigns for & during
Children of the said Amey Stephens by the said William Stephens
begotten or to be begotten who shall be living at the time of the
decease of the Survivor of them the said Amey Stephens & William
Stephens or being then dead shall have left issue such issue taking
the share which the parent would have taken if living & no more
equally to be divided amongst them share & share alike & to take
as tenants in common & not as joint tenants & to their several and
respective heirs & assigns for ever & if there shall be but one such child
then to such only child his or her heirs or assigns for ever and as to
my Estates lands tenements & heredits called Wadden Hill & ??ydon
situate in Bradpole otherwise Brappole aforesaid I give & devise the


the same unto my Nephews & Niece Thomas Dawe Joseph Dawe & Mary
Dawe To hold the same & every part thereof unto them the said
Thomas Dawe Joseph Dawe & Mary Dawe equally to be divided
amongst them share & share alike as tenants in common & not
as joint tenants & to their several & respective heirs & assigns for
ever and as to my close of arable land called Cow Close And also
my close of Meadow or pasture land called Miles Cross Close both
situate in the Parish of Symondsbury in the said County of Dorset
with their appurts I give & devise the same unto my Neice Ann
Metford To hold the same unto her my said Niece Ann Metford her
heirs & assigns for ever And as to all that my undivided Moiety or
half part of all that tenement Farm & Estate with the appurts
called Dinster situate lying & being in the Parishes of Marshwood
& Whitechurch Cannonicorum or one of them in the said County
of Dorset I give & devise the same unto the said Joseph Metford
& his heirs upon trust nevertheless to permit & suffer my said
Niece Mary Clark Wife of the said Thomas Clark & him the
said Thomas Clark for & during their joint natural lives & the
Survivor of them for & during her or his natural life to receive
the rents issues & profits thereof to & for their her & his own use
& after the decease of the Survivor of them the said Mary
Clark & Thomas Clark upon trust for & I give & devise the same
undivided Moiety unto all & every the children of the said
Mary Clark now born or hereinafter to be born as well by her
present husband as by any future husband with whom
she may at any time intermarry who shall be living at
the time of the decease of the Survivor of them the said May
Clark & Thomas Clark or being then dead shall have left lawful
issue such issue to take the share which the parent would
have taken if living & no more equally to be divided
amongst them (if more than one) share & share alike) & to
take as tenants in common & not as joint tenants & to their
several & respective heirs & assigns for ever and if there shall be
but one such child then to such only child his or her heirs or assigns
for ever But in case there shall be no such child nor issue of any
such Child living at the death of the Survivor of the said
Mary Clark & Thomas Clark then upon trust for & I do give
& devise the same undivided Moiety unto the said Joseph
Metford his heirs & assigns for ever and as to all my Estates lands
tenements & heredits situate in the parish of Walditch in the said County
of Dorset I give & devise the same unto my said Nephew Joseph
Metford & the said Thomas Clark ^ their heirs & assigns upon trust              ^ To hold the same
to pay to or permit & suffer the said William Stephens & Amey                     unto the sd Joseph
his Wife & the Survivor of them & their his or her assigns to have                Metford & Thomas
receive & take the rents issue & profits of all & singular the said lands         Clarke
tenements heredits & Estates in Walditch aforesaid to & for their her
& his own use & benefit until the youngest of Sarah Stephens
William Stephens the younger Joseph Stephens & Benoni Stephens
Sons & daughter of the said William Stephens by Ann his first
wife deced who shall live to the age of twenty one years
shall have attained that age and then upon trust for & I do give &
devise the said Estates lands tenements & heredits in Walditch aforesaid
unto the said Sarah Stephens William Stephens the younger Joseph
Stephens & Benoni Stephens to be equally divided between them share
& share alike & to take as tenants in common & not as joint tenants & to
their several & respective heirs & assigns for ever Provided nevertheless
that in case any or either of them the said Sarah Stephens William



Stephens the younger Joseph Stephens & Benoni Stephens
shall happen
to die without issue before the youngest of them who shall live
to the age of twenty one years shall have attained that
age then the share or shares of him her or them so dying as
well original as accuring under this clause shall go to the
Surviviors or Survivor & others or other of them his her or their
heirs & assigns for ever if more then one equally amonst
them share & share alike as tenants in common & not
as joint tenants and in case of the death of all of them the
said Sarah Stephens William Stephens the younger Joseph
Stephens & Benoni Stephens without issue before the period
where the youngest survivor of them would have attained his
or her age of twenty one years if she or he had lived then upon
trust for & I do hereby give & devise the same unto all the
Children of the said William Stephens by his said Amey
Stephens begotten or to be begotten if morethan one equally
amongst them share & share alike as tenants in common
& not as joint tenants & to their several & respective heirs and
assigns for ever and if there shall be but one such child then
to such only child his or her heirs & assigns for ever
Provided also & I do hereby order & direct the said Joseph Metford
& Thomas Clark & their heirs by & out of the rents issues & profits
of my said Estates lands tenements & heredits situate at Walditch
aforesaid to insure & keep insured from fire the buildings of &
belonging to the same premises and also to repair & keep in
repair the same Buildings & thatthe advantage of such insurance
shall to & be to & for the only use & benefit of the persons who
will become entitled to the land under the devise aforesaid &
from & out of my personal Estate I give & bequeath the
following legacies (that is to say) unto Isaac Parsons the late
husband of my Niece Sarah Parsons the Sum of Fifty Pounds unto
my Niece Rachel the Wife of Robert Dymond the Sum of three
hundred pounds unto my Niece Jane the Wife of George Clark the
like Sum of three hundred pounds unto John Gillett Son of my late
Niece Sarah Gillett the Sum of one hundred pounds And I direct that
all the said legacies shall be paid to the several legatees
within twelve calendar months next after my decease I give &
bequeath unto my said Nephew Joseph Metford my Gold Watch
& Great Bible unto my Nephews the said Thomas Dawe all my
Wearing apparel of every kind linen excepted which I have
before given to my Wife & my Silver Watch unto my said Niece the
said Amey Stephens all my household Goods & Furniture China &
Glass which I shall have at Bridport at the time of my decease
unless I shall otherwise dispose of all or any part thereof by any
note or memorandum to be signed by me & which I direct shall
be taken as a part of this my will and as to all the rest residue and
remainder of my Estate & Effects whatsoever & wheresoever & of
what nature or kind soever both real & personal except any
lands which I may hold as trustee or Mortgagee in Fee I give devise
& bequeath the same & every part thereof (subject & chargeable as
aforesaid) unto my said dear wife & the said Joseph Dawe Joseph
Metford William Stephens & Thomas Clark
To hold the same unto them my



said dear Wife & the said Joseph Dawe Joseph Metford William Stephens
& Thomas Clark to be equally divided amongst them share & share
alike as teneants in common & not as joint tenants & to their several
& respective heirs Exors admors & assigns absolutely for ever and
lastly revoking all former & other will or wills by me made I do
declare this only to be my last will & testament & do appoint the
said Joseph Dawe Joseph Metford William Stephens & Thomas Clark
Executors hereof I give devise & bequeath unto the said Joseph
Dawe Joseph Metford William Stephens & Thomas Clark all such
lands tenements & heredits as shall be vested in me at the time of
my decease as trustee or Mortgagee in fee To hold unto & to the
use of them the said Joseph Dawe Joseph Metford William Stevens & Thomas
Clark their heirs & assigns subject nevertheless to such trusts & such
Equity of redemption as shall be then subsisting therein respectively
Provided always & it is my will & I do hereby order & direct that my
said trustees & Exors & their several & respective heirs Exors & admors
shall be charges & chargeable with such Sums only as they
respectively shall actually receive by virtue of the trusts hereby
in them reposed notwithstanding their joining in or signing
any receipt or receipts or doing any other act for the sake of
conformity & that they shall not be answerable or accountable
for any loss or damage which may happen in the execution of
the aforesaid trusts or this my will or in relation thereto except
the same shall happen by or through his her or their own
wilful act neglect or default & in that case each person shall
be answerable for such loss or damage which shall arise
by her or his own act neglect or default Provided also that it
shall & may be lawful for the said Joseph Dawe Joseph Metford
William Stephens & Thomas Clarke & their several & respective
heirs Exors & admors from time to time by & out of
my Estate to retain to & reimburse themselves respectively &
also to allow & pay to each other all such Costs Charges & Expences
as they or any of them shall pay expend or be put unto in or
about the execution of this my will or the trusts herein contained
In witness whereof I the said Joseph Pike the testator have to
this my last will & testament contained in Eight sheets of paper set
my hand & seal (that is to say) to the first seven sheets I have
subscribed my name & to this Eighth & last sheet I have
subscribed my name & affixed my Seal this Nineteenth day of
October in the year of our Lord one thousand eight hundred and
Eleven  Joseph Pike  LS  Signed Sealed Published & declared
by the said Joseph Pike the testator as & for his last will & testament
in the presence of us who at his request in his presence & in the
presence of each other have hereunto subscribed our names as
witnesses attesting the due execution hereof an Erasure in the
18th line of the second sheet being first made & the words "her or his"
in the 30th line of the third sheet "as" in the 34th line of the fourth
sheet "by" in the 21st line of the fifth sheet & "fines" in the 30th line
of the sixth sheet being also written on Erasures  Tho Parr Attorney
Poole Dorset   Joseph Darvall   John A Willis  Clerks to Mr Parr

This is a Codicil which is to be deemed & taken as & for a
part of the last will & testament of me Joseph Pike of the
Town & County of Poole Gent but late of Bridport in the County
of Dorset which wills bears date on the 19th day of October 1811 and
is comprized in Eight sheets of paper hereunto annexed whereas
I am entitled to or possessed of two allotments of land made in
respect of the Messuage or tenement & premises with the



Garden & Appurts wherein I now dwell described in my said Will
to be situate in Market Street in Poole aforesaid by the
Commissioners named & appointed in & by an act of parliament
??? the Forty fifth of His present Majesty's reign "for inclosing
lands in the Parish of Great Canford in the County of Dorset
& in the town & County of Poole" one whereof is situate on the
Heath in Great Canford aforesaid & is Numbered 58 on the Map
or Plan of the said Commissioners & the other is situate in the
front of the said Dwelling house & adjoining the Market Street
& now forms part of the front yard or Garden thereto belonging
Now I do hereby give devise & bequeath the said allotment
No 58 on Canford Heath unto Thomas Manning of Poole
aforesaid Esqre his heirs & assigns To hold the same unto the
said Thomas Manning his heirs & assigns for ever and as to the
said allotment in front of my said dwelling house I do
hereby give devise & bequeath the same unto Joseph
Dawe William Stepens & Thomas Clark three of the Exors
in my said Will named To hold them the said Joseph Dawe
William Stephens & Thomas Clark & the Survivors & Survivor
of them & the heirs & assigns of such Survivor upon the same
several trusts for the same persons & to & for the same several
uses ends intents & purposes as in & by my said Will are
mentioned declared & contained of & concerning the said
Messuage or tenement & premises with the Garden & appurts
thereunto belonging & to & for no other use trust and intent
or purpose whatsoever and I do hereby ratify & confirm my
said Will in all respects so far as the same is not altered or
revoked by this Codicil In Witness whereof I the said Joseph
Pike the testator have hereunto subscribed my name &
affixed my Seal this ninth day of October in the year of our
Lord one thousand eight hundred & twelve  Joseph Pike  LS
This writing was signed Sealed Published & declared by the
said Joseph Pike as & for a Codicil to his last will & 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 attesting the due execution hereof   Thos Parr
Joseph Darvall   Francis Etheride

Proved at London 26th Jany 1813 with a Codicil before the Judge by Joseph
Dawe Joseph Metford William Stephens & Thomas Clark the
Exors to whom admon was granted having first made a
solemn & sincere declaration or affirmation according to act of
Parliament duly to admr (by Comon)

Last Modified: Sunday, 19-Apr-2020 12:22:38 NDT