1832 Will of Mary Pike of Parkstone (proved 03 June 1833)

The original will can be obtained online from The National Archives.

Source: TNA, PROB 11/1817


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This is the last Will and Testament of me Mary
Pike late of the Town and County of Poole but now of Parkstone in the Parish of
Great Canford in the County of Dorset widow I give and bequeath unto my dear sister
Ann Manning of Poole aforesaid Widow a China Bowl and one dozen of my best
China plates and the sum of twenty pounds I give and bequeath unto my brother
Samuel Rundell of Liskeard in the County of Cornwall my Gold watch with its
appendages also my Encyclopedia Perthensis and the sum of ten pounds I give & bequeath
unto William Stephens of Bridport in the County of Dorset Gentleman my Nephew by
Marriage the sum of fifty pounds I give and bequeath unto my Nieces Susan Collier
of Plymouth in the County of Devon Spinster and Dorothy Fox of the same place
widow the sum of fifty pounds each I give and bequeath unto my Cousin Sarah
Morgan of the City of Exeter Spinster the sum of ten pounds by way of remembrance
I give and bequeath unto my friends Ann Williams Mary Williams and Rachel
Williams all of the said City of Exeter Spinsters and their Sister Priscilla the wife of John
Fry of Swansea in Wales the sum of five pounds each I give and bequeath the sum
of fifty pounds Sterling to the trustees or trustee for the time being of a certain School
Established at Ackworth in Yorkshire for the Education of children of Friends to be paid
and applied for the general purposes of the same Institution or such of them as are not
within the Mortmain Act I give and bequeath the sum of fifty pounds sterling to the
trustees or trustee for the time being of a certain Charity School established at Croydon in
the County of Surrey also for the Education of the children of friends to be paid and
applied for the general purposes of the same Institution or such of them as are not with
in the Mortmain Act I give and bequeath the sum of thirty pounds sterling to Robert
Davy of Ringwood in the County of Southampton Gentleman In trust to be laid out and
applied at his discretion in making a more secure Fence or wall to the Burying Ground at
Topsham in the County of Devon where my dear Parents are interred I give and bequeath
unto my Servant Rebecca Heckford the sum of one hundred pounds as a reward for her
kindness and affectionate attention to me for many years past I also give and bequeath
to the said Rebecca Heckford the following Articles of furniture namely Two Best Bedsteads
and Coverings two feather Beds two Bolstersand four Pillows four pair of sheets three
pair of Blankets one dozen of Pillow Cases a White Counterpane and set of Tea China
with yellow in it and a shell pattern all my Mahogany Chairs with brass nails and
Horse hair bottoms all my moh bottom Chairs a Looking Glass kept in my Room my black
handled knives and forks and Blue earthenware in common use six Table cloths and the
Carpet in the little back Parlour and also such other articles of furniture in and about the
house in which I now reside as my dear niece Sarah the wife of henry Festing of
Parkstone aforesaid Esquire shall in her own discretion think proper I give and bequeath
to my Servant James Thompson if living in my service at the time of my decease the
sum of nineteen Guineas and I direct that the several pecuniary Legacies or sums of
money hereinbefore by me given and bequeathed shall be respectively paid within six
Calendar months next after my decease and I give and bequeath unto the said Robert
Davy and Henry Festing and Sarah his wife all my ready money monies in any of the
Public stocks or funds and all such sums of money as shall be due and owing to me at my
decease upon mortgage or other specialty and by simple conrast and all and singular
other my personal estate and effects not hereinbefore by me otherwise disposed of In trust
thereout and by selling or converting into money the same or a competent part thereof
to pay and satisfy all my just debts funeral and testamentary expences and the several
legacies by me given as aforesaid And as to all the Rest and Residue
of my said monies securities stocks goods chattels and other personal estate and effects
whatsoever and of the monies to arise therefrom which shall remain after answering the
sevl purposes last hereinbefore expressed my will is and I hereby direct that the same



shall be divided into three equal parts or shares and as to one of the said three equal
parts or shares of or in the said residuary trust monies stocks funds and securities Upon
trust that they the said Robert Davy and Henry Festing and Sarah his wife their
executors admons and assigns do and shall as soon as convenient may be after my
decease raise or set apart thereout the sum of two thousand pounds or any stocks funds
orsecurities of that amount or value and if necessary invest the same sum in the names
or name of them the said Robert Davy and Henry Festing and Sarah his wife and the
survivor of them their his or her executors or admons in some of the Parliamentary stocks
or public funds of Great Britain or at interest upon Government or real securities in
England or Wales to be from time to time altered or varied as they he or she shall think
fit and do and shall stand and be possessed of and interested in the said sum of two
thousand pounds and the stocks funds or securities wherein the same shall be invested
upon the trusts and in manner hereinafter declared and contained of and concerning
the same for the several benefits of the children of my niece Ann Driver the of
Charles Burrell Driver of Clapham Road Place in the County of Surrey Gentleman
in the respective shares and properties hereinafter mentioned And as to the residue
of the said equald third part or share of or in the residuary trust monies stocks funds
and securities which shall remain after deducting the said sum of two thousand pounds
so to be set apart for the benefit of the children of my said niece Ann Driver as aforesaid
Upon trust that they the said Robert Davy and Henry Festing and Sarah his wife and
the survivor of them his or her executors admons and assigns do and shall during the
life of my said niece Ann Driver the wife of the said Charles Burrell Driver pay the
interest dividends and annual proceeds thereof unto such person or persons and for such
intents and purposes as the the said Ann Driver by any writing or writings to be signed
by her own hand shall notwithstanding her present or any future coverture from time
to time when and as the same shall become due but not by way of Assignment charge
or other anticipation thereof direct or appoint and until and in default of such direction or
appointment into her own proper hands for her sole and separate benefit independent of
and free fromt he debts controul or interference of her said present or any future husband
for which purpose it is hereby agreed that the receipt in writing of the said Ann
Driver or of such her appointee or appointees as aforesaid shall notwithstanding
her said present or any future Coverture be good and effectual discharges for the same
interest dividends and annual proceeds or any part thereof respectively And as to the
residue of the said one equal third portion or share of or in the said residuary trust
monies stocks funds and securities from and after the decease of my said niece Ann
Driver In trust for all and every the several Children hereinafter named of my said
niece Ann Driver to be divided between them in equal shares and proportions and
with such and the same benefit of survivorship or accruer between them in case any
one or more of them shall die under the age of twenty one years or being a daughter
of daughters unmarried as are hereinafter expressed and given with respect to their
shares of the said sum of two thousand pounds so to be set apart for their respective
benefits as aforesaid And as to one other of the said equal third parts or shares of or
in the said residuary trust monies stocks funds and securities I give and bequeath the
same and every part thereof unto my said niece Sarah Festing the wife of the said
Henry Festing her executors and admons for her sole and separate benefit
independent of and free from the controul or interference of her said present or any
future husband and the receipts of her my said niece Sarah Festing or her Appointee
or Appointees to be a sufficient discharge for the same And as to the remaining equal
third part of share of or in the said residuary trust monies stocks funds and securities
I give and bequeath the same and every part thereof unto my niece Mary White Davy
the wife of the said Robert Davy her executors and admons for her and their absolute
benefit And my will is and I hereby declare that the said trust sum of two thousand
pounds so to be set apart for the benefit of the children of my said neice Ann Driver as
aforesaid or the stocks funds or securities whereon the same may be invested shall be divided
between and amongst the same several children in the following shares and proportions
(That is to say) to Charles Driver the eldest son of my said niece Ann Driver the sum of fifty
pounds to Thomas Driver Robert Driver and Ann Driver being the three next eldest



children of my said niece Ann Driver the sum of three hundred pounds each to
Burrell Neale Driver being the next eldest Son of my said niece Ann Driver the sum
of two hundred and fifty pounds to Mary Driver Edward Driver Sarah Driver and
George Driver being the four remaining children of my said niece Ann Driver the sum of
two hundred pounds each the respective shares of such of them as are sons to be pair or
transferred to them respectively at their respective ages of twenty one years and the
respective shares of such of them as are daughters at their respective ages of twenty
one years or respective days of marrige with the consent of their father and mother
or the survivor of them and in case of their death with the consent of
my
said trustees or trustee for the time being of this my will And my will is that in case
and one or more of the said several children of my said niece Ann Driver being a son
or sons shall die under the age of twenty one years or being a daughter or daughters
shall die under that age without having been married then as to as well the original
share or respective shares of such child or children of or in the said sum of two
thousand pounds as also the share or shares thereof which may accrue to him her or
them respectively under this cross executory trust shall go and be held In trust for the
others of the said children equally to be divided between them such accruing shares to
be paid or transferred to such children respectively at the same period or respective
periods as his her or their original share or shares Provided always and my will is
that from and after my decease in the mean time and until the said children of my
niece Ann Driver shall severally attain the age of twenty one years or in the instance
of either of the said daughters marrying under it, it shall be lawful for the said
Robert Davy and Henry Festing and Sarah his wife and the survivors and survivor
of them their his or her executors admons or assigns at their his or her discretion to
pay and apply all or any part of the interest dividends and annual proceeds to arise in
respect of the share of the said trust sum of two thousand pounds which shall eventually
belong to each of the same several children of my said niece Ann Driver as aforesaid in
or towards his her or their advancement or preferment in the world or otherwise for
the benefit of such child or children respectively and so and shall accumulate and
improve the residue or surplus (if any) of the said interest dividends and annual
proceeds after answering the last mentioned purposes by investment thereof and of the
produce therefrom in their his or her names or name in some of such Public stocks
or upon such real securities as aforesaid for the benefit of the child or children of
my said niece Ann Driver who under this my will shall become absolutely entitled
to the captial of the share or shares of the said trust sum of two thousand pounds
from the interest dividends and annual proceeds of which such accumulations shall
have proceeded And I hereby nominate and appoint the said Robert Davy and
Henry Festing and Sarah his wife Executors of this my will and I give &
devise unto the said Robert Davy and Henry Festing their heirs and assigns all the
Lands and Hereditaments vested in me as trustees or mortgagee in fee to hold the
same unto and to the use of them the said Robert Davy and Henry Festing their heirs
and assigns upon and subject to  the  several trusts and equities affecting the
same hereditaments respectively Provided always and my will is that in case the
said Robert Davy and Henry Festing and Sarah his wife or either or any of them or
any trustree or trustees to be appointed under this present provision shall died or become
unwilling or unable to act in the aforesaid trusts before the same shall be fully performed
then and in every such case it shall be lawful for the surviving or acting trustee or trustees
for the time being of this my will or if there be none such for the unwilling trustee or
trustees or in case all the trustees shall have departed this life then for the executors or
admons of the last surviving trustee to nominate any fit person or persons to supply the
place or places of the trustees or trustee so dying or becoming unwilling or unable to act
as aforesaid and that immediately after every such nomination the said trust premises
shall be conveyed and transferred so and in such manner as that the same may vest
in the surviving or continuing trustees or trustee or in such new trustees or trustee solely
as the case may require and such new trustees or trustee shall be entitled to exercise the
same powers and authorities in relation to the said trusts as if he or they had been



appointed a trustee or trustees by this my will And I hereby further declare that the
trustee and trustees for the time being of this my will shall be charged and chargeable
only with such monies as they respectively shall actually receive by virtue of the trusts
hereby reposed in them respectively notwithstanding their joining in any receipt or other
act for the sake of conformity only and shall not be answerable or accountable for any
Banker Broker or other person with whom or in whose hands the said trust monies
or any part thereof shall be placed for the safe custody or otherwise nor for the insufficiency
of any security upon which the same shall be invested nor for any other loss misfortune
or damage which may happen in the execution of the aforesaid trusts or any of
them or in relation thereunto unless the same shall happen by or through their or his
own wilful default and also that it shall be lawful for the said trustees respectively by
and out of the monies which shall come to their or his hands respectively to retain and
allow to each other all costs charges damages and expences and fees to Counsel for
advice which they respectively shall sustain or expend in or about the execution of
the said trusts or in relation thereto And lastly I hereby revoke all former and other
wills Codicils and Testamentary dispositions whatsoever by me made In witness
whereof I the said Mary Pike the Testatrix have to this my last will and Testament
contained in seven sheets of paper subscribed my name that is to say to the first six
sheets I have subscribed my name and to this seventh and last sheet I have
subscribed my name andaffixed my seal this nineteenth day of January one
thousand eight hundred and thirty two    Mary Pike  LS
Signed sealed published and declared by the said Mary Pike the testatrix as and
for her last will and Testament in the presence of us who at her request in her
presence and in the presenced of each other have hereunto subscribed our names
as witnesses attesting the due execution hereof  Rd H Parr Solr Poole
Geoe Gally    J R Justican  Clerks to Messrs Parr Solrs
Poole

Proved at London 3rd June 1833 before the Judge by the Oaths of
Robert Davy Henry Festing Esquire and Sarah Festing (wife of the said Henry
Festing) the Executors to whom Admon was granted having been first sworn
by Commission duly to administer




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Last Modified: Sunday, 19-Apr-2020 12:23:41 NDT