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Source: TNA, PROB 11/2098
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.
I William Pike of Devonport in the County of Devon Gentleman do hereby revoke all wills Codicils and other testa- mentary dispositions made by me at any time heretofore and declare this to be my last will and testament I give and bequeath all that y leasehold messuage or dwelling house and premises with the apper- tenances wherein I now reside situate and being number 16 Marlborough Street in Devonport aforesaid And also all that leasehold messuage or dwellinghouse and premises with the apper tenances now in the occupation of Mr Lyne situate and being number 40 in Market Street in Devonport aforesaid And also all that my lease hold messuage or dwellinghouse and premises with the appurtenan- ces situate and being number 35 in William Street Morice Town in the Parish of Stoke Damerel in the said County of Devon now in the occupation of Mrs Catherine Spiller widow of John Siller late of Morice Town aforesaid Brewer deceased And also all those my ??? undivided seventh parts or shares of and in all those two several leasehold messuages or dwellinghouses and presmises with the appur tenances situate and being Numbers 5 and 6 in Marlborough Street in Devonport Devonport aforesaid and also of all and in all those two several leasehold tenements or dwellinghouses and premises with the appurtenances situate and being number 24 and 25 in G??kes Alley in Devonport aforesaid And also all that my lease- hold messuage or dwellinghouse and premises with the appurtenances situate and being number 47 Marlborough Street in Devonport aforesaid now in the occupation of Mr Gidley and others as my tenants And also all that my leasehold messuage or dwellinghouse and premises with the appurtenances situate and being number 28 in Marlborough Street in Devonport aforesaid now in the occupation of Mr Warden Shoemaker and others as my tenants and also all that my leasehold field or close of land called Dunstone situate in the Parish of Stoke Damerel aforesaid with the appurtenances now in the occupation of Mr Brown Dairyman as my tenant And also all that my seat or pew number 60 on the ground floor of the Independent Chapel at the head of Princes Street in Devonport aforesaid and also all that my seat or pew number 121 in the Middle aisle on the ground floor of Saint John the Baptist Chapel in Devonport aforesaid and also all my monies securities for money money in the public stocks funds or securities debts owe and owing to me and All and singular other the Personal Estate property and effects of what nature or kind soever and wheresoever the same may be which I shall or may be possessed of interested in or entitled unto at the time of my decease (except only the household furniture and other effects hereinafter separately bequeathed to my dear wife Elizabeth Pike for life with a limitation over) And also all 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 per- sonal estate and effects as are or may be vested in me upon any trusts or by way of mortgage) And all the terms estates and interests which at the time of my de- cease I may have in the said several leasehold and other estates property adn effects hereinbefore bequeathed unto John Towson of the said Parish of Stoke Damerel Gentleman Moses Williams Jeffery of Devonport aforesaid Druggist and Edward Sole of the same place Gentleman their executors administrators and assigns upon trust that they the said trustees and the survivors and survivor of them his executors and administrators and their and his assigns do and shall at such time or times after my decease and in such manner as they or he but with the consent in writing of my said wife whilst living shall in their or his discretion think fit sell dispose of call in and convert into money all and singular my said personal estate and effects hereinbefore bequeathed (except such part thereof as shall consist of ready money and also except the sum of one thousand and five hundred pounds stock three per cent consolidated bank annuities part of certain stock of the like denomination now standing in my name in the books of the Governor and Company of the Bank of England and also except my said several leasehold messuages or dwellinghouses tene- ments field and premises and my said seat or pew in the Independent Chapel Prices Street in Devonport aforesaid) And for facilitating such sale or sales so and shall enter into make and execute all such contracts assignments convey- ances assurances acts and deeds as the said trustees or trustee for the time being shall think proper and do andshall with and out of such part of the said trust estate and effects as shall consist of ready money and with and out of the monies to arise from such part of the said trust estate and effects as I have hereinbefore directed to be sold disposed of called in and converted into monney pay and discharge all my just debts and funeral and testamentary expences and do and shall invest the residue of the said trust monies in their or his names or name in any of the parliamentary stocks or public funds of Great Britain or at interest upon government or real or other approved securities in England And do and shall with the consent in writing of my said wife during her life and after her decease at their or his discretion vary and transpose the said stocks funds and securities for or into other stocks funds and securities of a like nature And do and shall stand possessed of and interested in the said stocks funds and securities and of and in my said several leasehold messuages dwellinghouses tenements field and premises with their appurtenances and my said seat or pew in the Independent Chapel Princes Street Devonport aforesaid and of and in the said sum of one thousand and five hundred pounds stock three per cent consolidated bank annuities and of and in such part or parts of the said trust estate and effects as I have hereinbefore directed to be sold disposed of called in and converted into money until the same respective ly shall be sold disposed of called in and converted into money accordingly and of and in all and singular other the said trust estate and premises and of and in the rents issues dividends interest and annual proceeds thereof re- spectively upon trust that they the said trustees or trustee for the time be- ing do and shall pay all and singular the said rents issues dividends inter- est and annual proceeds of the said trust estates and premises from time to time as and when the same shall be respectively received and gotten in unto my said wife Elizabeth Pike for and during the term of her natural life Subject nevertheless to the payment thereout by the said trustees or trustee for the time being of the convertionary rents heriots fire insurance premiums and duty the expence of insuring and keeping insured any life or lives on the said leasehold premises respectively (if they or he shall in their or his dis- cretion (but with the consent in writing of my said wife during her life ??? it expedient to effect or continue any such life insurance or insurances rates taxes renewal f???s and costs of renewal leases and counterparts costs of repairs and other incidental expences in respect of my said several leasehold premi ses And from and immediately after the decease of my said wife upon trust that they she said trustees or trustee for the time being do and shall stand pos sessed of and interested in all and singular the said trust estates and premises and the rents issues dividends interest and annual proceeds thereof respectively upon the trusts hereinafter declared (that is to say) As to and concerning all thatmy said leasehold messuage or dwellinghouse and premises with the appurtenances situate and being Number 16 Marlborough Street in Devonport aforesaid upon trust to pay the rents issues and annual proceeds thereof from time to time as and when the same shall be gotten in and received into the proper hands of my niece Jane Martin (wife of William Brown Martin of Devonport aforesaid Druggist and daughter of my brother Richard Pike late of Devonport aforesaid Dutcher deceased) for and during the term of her natural life if the estate and interest which I may have in the said last mentioned premises at the time of my ???? shall so long endure To and for the sole and separate use and benefit of her the said Jane Martin notwithstanding her present or any future coverture Subject nevertheless to the payment thereout by the said trustees or trustee for the time being of the convertionary rents heriots renewal fines and other expences of renewal rates taxes outgoings costs of repairs and of fire and life insurance and all other incidental expences And from and immediately after the decease of the survivor of them my said wife and the said Jane Martin all and sin gular the said last mentioned premises with the appurtenances and the rents issues and annual proceeds thereof and all the term estate and interest then therein to come and unexpired shall be In trust for all and every the children or child (if any) of her the said Jane Martin who shall then be living and shall then have attained or shall thereafter attain the age of twenty one years to be equally divided among them (if more than one) as tenants in command and their respective executors administrators and assigns absolutely Subject to the conventionary rent heriots and covenants in the then subsist ing lease of the said last mentioned premises reserved and contained But in case there shall be no such child Then all and singular the said last mention ed premises shall be In trust for and assigned and transferred unto my nephew Walter Pike of Devonport aforesaid Hatter (son of my said brother Richard Pike deceased) his executors administrators and assigns absolutely for all the term estate and interest then to come and unexpired therein Subject to the convertionary rent heriots and covenants reserved and contained in the then subsisting lease of the said last mentioned presmises And to and concern ing all that my said leasehold messuage or dwellinghouse and premises with the appurtenances situate and being Number 40 in Market Street in Devonport afore said upon trust that they the said trustees or trustee for the time being do and shall assign and transfer the said last mentioned premises with the appur- tenances unto my said nephew Walter Pike his executors administrators and assigns absolutely for all the term estate and interest then to come and unexpired therein Subject to the convertionary rent heriots and covenants reserved and contained in the then subsisting lease of the said last mentioned- ed premises And as to and concerning all that my said leasehold messuage or dwellinghouse and premises with the appurtenances situate and being Number 35 in William Street Morice Town in the Parish of Stoke Damerel aforesaid upon trust that they the said trustees or trustee for the time being do and shall pay the rents issues and annual proceeds of the said last mentioned premises from time to time as and when the same shall be re- ceived and gotten in unto the said Catherine Spiller for and during the term of her natural life if the estate and interest which I may have in the said last mentioned premises at the time of my decease shall so long endure Subject nevertheless to the payment thereout by the said trustees or trustee for the time being of the convertionary rent heriots rates taxes out- goings costs of repairs of fire and life insurance and all other incidental expences And from and after the decease of the survivor of them my said wife and the said Catherine Spiller All and singular the said last mentioned prem- ices with the appurtenances and all the term estate and interest then to come and unexpired therein shall be In trust for and assigned and transferred unto Mary Creft Spiller Elizabeth Spiller and John Spiller (the children of the said Catherine Spiller) in equal proportions as tenants in common and their respective executors administrators and assigns absolutely Subject to the con- ventionary rent heriots and covenants reserved and contained in the then subsisting lease of the said last mentioned premises But in case any or either of them the said Mary Creft Spiller Elizabeth Spiller and John Spiller shall happen to die either in my lifetime or in the lifetime of my said wife and the said Catherine Spiller or either of them and without leaving law- ful issue who shall survive me and my said wife and the said Catherine Spiller and shall attain the age of twenty one years Then all and singular the said last mentioned premises shall be In trust for and assigned and trans- ferred unto the survivors or survivor of them the said Mary Creft Spiller Elizabeth Spiller and John Spiller in equal proportions (if more than one) as tenants in common their his or her respective executors administrators and assigns absolutely for all the term estate and interest then therein to come and unexpired Subject to the conventionary rent heriots and covenants re- served and contained in the then subsisting lease of the said last mentioned premises But in case any or either of them the said Mary Creft Spiller Elizabeth Spiller and John Spiller shall happen to die as aforesaid leaving lawful issue who shall survive me and my said wife and the said Catherine Spiller and who shall respectively attain the age of twenty one years such issue shall be entitled to and take the share or shares hereby in- tended for their respective parent or parents in equal proportions (if more than one) as tenants in common absolutely But in case all of them the said Mary Creft Spiller Elizabeth Spiller and John Spiller shall happen to die as aforesaid and there shall be no such issue as aforesaid Then the said last mentioned premises shall merge into and form part of my resid- uary estate hereinafter limited and be applied and disposed of accordingly and as to and concerning all that my said leasehold field or close of land called Dunstone situate in the Parish of Stoke Damerel aforesaid with the appurtenances And also all those my said two undivided seventh parts or shares of and in all those the aforesaid two several leasehold messuages or dwellinghouses and premises with the appurtenances situate and being Numbers 5 and 6 in Marlborough Street in Devonport aforesaid And of and in all these two several tenements or dwellinghouses and premises with the appurtenances situate and being Numbers 24 and 25 in Geakes Alley in Devon- port aforesaid upon trust that they the said trustees or trustee for the time being do and shall assign and transfer the said several last mentioned premises with their appurtenances unto my nephew John Casely Pike of Devonport aforesaid Butcher (another son of my said brother Richard Pike deceased) his executors administrators and assigns absolutely for all the term estates and interests then to come and unexpired therein respectively Subject to the conventionary rents heriots and covenants reserved and contained in the then subsisting leases of the said several last mentioned premises And asto and con- cerning all that my said leasehold messuage or dwellinghouse and premises with the appurtenances situate and being number 17 Marlborough Street in Devonport aforesaid upon trust that they the said trustees or trustee for the time being do and shall assign and transfer the said last mentioned premises with the appurtenances unto my nephew Anthony Pike now in London Draper (another son of my said brother Richard Pike deceased) his executors administrators and assigns absolutely for all the term estate and interest then to come and unexpired therein Subject nevertheless to the conventionary rent heriots and covenants reserved and contained in the then subsisting lease of the said last mentioned premises And as to and concerning all that my said seat or pew in the Independent Chapel Princes Street in Devonport aforesaid and all my estate and interest therein upon trust that they the said trustees or trustee for the time being do and shall assign and transfer the same unto my said niece Jane Martin her executors administrators and assigns absolutely And as to and concerning all that the said sum of one thousand and five hundred pounds stock three per cent consolidated bank annuities and the dividends and annual proceeds thereof upon trust that they the said trustees or trustee for the time being do and shall pay the said last mentioned divi- dends and annual proceeds into the proper hands of the said Jane Martin for and during the term of her natural life to and for her sole and separate use and benefit (notwithstanding her present or any future coverture) And I do hereby eclare that the receipt or receipts of the said Jane Martin alone (notwithstanding any such coverture) shall be a good and sufficient discharge or discharges to the said trustees or trustee for the time being for any rents di- vidends interest or annual proceeds payable to her under this my will And my will is that she the said Jane Martin shall not sell dispose of or otherwise part with or anticipate the whole or any part of her life interest in the said last mentioned rents dividends interest or annual proceeds or any part thereof respectively And from and immediately after the decease of the survivor of them my said wife and the said Jane Martin the said sum of one thousand and five hundred pounds stock three per cent consolidated bank annuities and the dividends interest and annual proceeds thereof shall be in trust for all and every the children or child (if any of her the said Jane Martin who shall then be living and who shall then have attained or shall thereafter attain the age of twenty one years to be equally divided between them (if more than one) as tenants in common their his or her respective executors administrators and assigns absolutely But in case there shall be no such child Then the said sum of one thousand and five hundred pounds stock three per cent consolidated bank annuities and the dividends interest and annual proceeds thereof shall be In trust for my said nephews Walter Pike John Casely Pike and Anthony Pike and my nephew Richard Pike formerly of Devonport aforesaid Draper but now of the City of London Commercial Traveller (another son of my said brother Richard Pike deceased to be equally divided between them as tenants in common and their respec- tive executors administrators and assigns absolutely And as to and concerning all the rest residue and remainder of my said trust estates and effects stocks funds securities monies and premises whatsoever and all my estate and interest therein respectively upon trust that they the said trustees or trustee for the time being do and shall with and out of the same pay unto William Brown Pike Margaret Jane Pike and Ann Elizabeth Pike (children of my nephew William Pike late of Devonport aforesaid a Policeman in Her Majestys Dockyard there deceased another son of my said brother Richard Pike decea- sed) the legacy or sum of nineteen pounds and nineteen shillings sterling each (but without interest thereon) at the time hereinafter mentioned provided that they shall then have respectively attained the sage of twenty one years or as soon after as they shall respectively attain that age And also pay unto my said nephew Richard Pike the legacy or sum of two hundred pounds sterling unto my said nephew John Casely Pike the legacy or sum of two hundred pounds sterling, unto my said nephew Anthony Pike the legacy or sum of two hundred pounds sterling, Unto the said Mary Creft Spiller the legacy or sum of two hundred pounds sterling, Unto the said Elizabeth Spiller the legacy or sum of two hun- dred pounds sterling, unto the said John Spiller the legacy or sum of two hundred pounds sterling, unto George Pike of Stonehouse Devon White and Blacksmith the legacy or sum of fifty pounds sterling, Unto Richard Creft (son of John Creft late of the Parish of Buckland Monachorum in the said County of Devon yeoman deceased) the legacy or sum of fifty pounds sterling and unto John Creft Mary Creft and Isabella Creft (also children of the said John Creft deceased) the legacy or sum of nineteen pounds and nineteen shillings sterling each All which said several pecuniary legacies I direct to be paid within six calendar months next after the decease of the survivor of me and my said wife And also upon trust that they the said trustees or trustee for the time being do and shall with and out of the said residue of my said trust es- tates effects stocks funds securities monies and premises pay unto my said niece Jane Martin the legacy or sum of three hundred pounds sterling abolutely within three calendar months next after the decease of the survivor of me and my said wife And I do hereby declare that all the said residue of my said trust estates and effects stocks funds securities monies and premises (subject nevertheless to the payment of the said several pecuniary legacies hereinbefore expressed) shall from and immediately after the decease of the survivor of me and my said wife be In trust for and assigned transferred and paid unto my said nephew Walter Pike his executors administrators and assigns absolutely And I give and be- queath all my household goods furniture and implements of household (in- cluding my clock) plate plates goods linen china glass shells and printed books unto my said wife Elizabeth Pike for and during the term of her natural life But nevertheless with full power and authority for her my said wife to sell or otherwise absolutely dispose of the same or any part thereof as she shall in her discretion think proper and to apply the monies thereby arising to and for her own absolute use and benefit and from and af- ter her decease I give and bequeath the said household goods furniture and im- plements of household (including my said clock) plate plates goods linen china glass shells and printed books (except on silver tea pot marked M.C. or so much thereof respectively as shall remain unsold or undisposed of by my said wife as aforesaid unto my said niece Jane Martin her executors adminis- trators and assigns absolutely And from and after the decease of my said wife I give and bequeath the said silver tea pot (if not sold or disposed of by her my said wife in her lifetime) unto the said Mary Creft Spiller her executors administrators and assigns absolutely Provided always and I do hereby declare that after the decease of my said wife and the several other persons to whom any estate or estates for life is or are hereinbefore limited of and in any of the said trust estates and effects stocks funds securities monies and premises respectively and thenceforth until the same respectively shall become payable assignable or transferrable to the children or other issue respectively entitled thereto in imme- diate expectancy and remainder under this my will It shall be lawful for the said trustees or trustee for the time being with and out of the rents issues and several proceeds of such of the said several leasehold estates to which such chil- dren or other issue shall be entitled in immediate expectancy and remainder to pay and discharge the conventionary rents heriots renewal fines and other expences of renewal rates taxes outgoings costs of repairs and of fire and life insurance and all other incidental expences in respect thereof respec- tively and to apply the residue of the said rents issues and annual proceeds and also to apply the dividends interest and annual proceeds of all such other pro- perty as shall constitute the respective presumptive portions of such children or other issue respectively or a competent part thereof in or towards their re- spective maintenance education and advancement in the world And I do hereby dir- ect that the said trustees or trustee for the time being to invest the residue (if any of such rents issues dividends interest and annual proceeds at interest in any of the aforesaid stocks funds or securities so that the same may accumulate in the nature of compound interest And shall stand possessed of such accumulations and the stocks funds and securities tehreof Upon and for such and the same trusts intents and purposes and with under and subject to such and the same p???? provisees and declarations as in this my will are declared and contained of and concerning the original portions hereby intended for such children and issue respectively or as near thereto as the deaths of parties and other circumstan ces will permit Provided always and I do hereby declare that it shall be lawful for the said trustees or trustee for the time being (with the consent in writing of my said wife during her life and after her decease of their or his sole autho rity) at all times after my decease and until the determination of the respective trusts hereinbefore declared of and concerning my several and respective leasehold messua- ges or dwellinghouses tenements field and other premises to make and execute any lease or leases of the same premises respectively to any person or persons for any term or terms of years absolute not exceeding twenty one years in possession and not in reversion so as that there be reserved in every such lease payable during the estate thereby created the best yearly rent or rents to be incident to the immediate reversion of the premises so to be leased that can be reasonably gotten for the same without taking any fine or foregift for the making thereof And so that there be therein respectively contained a clause in the nature of a condition of re-entry for nonpayment of the rent or rents thereby to be respec- tively reserved in case the same shall remain unpaid for any space not exceeding thirty days and so that the person or persons named therein as lessee or lessees do thereby covenant for the due payment of the rent or rents thereby to be re spectively reserved and be not by any words therein to be contained made dis- punishable for waste 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 dis- pose of by this my will with their appurtenances unto and to the use of the said John Towson Moses Williams Jeffery and Edward Sole their heirs executors administrators and assigns according to the nature and tenure thereof respec- tively 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 Towson Moses Williams Jeffery and Edward Sole and my said wife Elizabeth Pike Executors and Executrix of this my will Provided always and I do hereby declare that the receipt or receipts in writing of my said trustees or trustee for the time being for any money payable to them or him under this my will shall effectually discharge the person or persons to whom the same shall be respectively given from being obliged to see to the application or from being answerable or accountable for the loss misapplication or nonapplication of the money therein respectively mentioned to be received Provided always and I do hereby declare that as often as the trustees hereby appointed or to be appointed as thereinafter is men- tioned or any or either of them or their or any or either of their executors admin- istrators or assigns shall die or desire to be discharged from or refuse 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 my said wife during her life and after her decease for the then sur- viving or continuing trustees or trustee or the executors or administrators of the last surviving or continuing trustee of their or his sole authority by any deed or deeds instrument or instruments in writing to be by her them or him sealed and delivered in the presence 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 discharged or refusing declining or becoming incapable to act as aforesaid And upon the appointment of every new trustee all the said trust estates monies 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 joint ly with the surviving or continuing trustee or trustees as occasion shall require upon and for the trusts intents and purposes hereinbefore decla- red and contained of and concerning the said trust estates monies and prem ises or such of the said trusts intents and purposes as shall be then subsist ing and every such new trustee shall have all the powers of the trustee in whose room he shall be substituted Provided always and I do hereby further declare that the said several trustees hereby appointed and to be ap- pointed as aforesaid and every of them and the executors administrators and assigns of them and every of them shall be chargeable respectively for such monies only as they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding 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 or for involuntary losses And also that it shall be lawful for them with and out of the monies 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 Cotrustees or Cotrustee 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 thereunto In witness whereof I have to each and every of the foregoing sheets of this my will (contained in thirteen sheets of paper) subscribed my name and to this thirteenth or last sheet set my hand and seal the thirtieth day of August in the year of our Lord one thousand eight hundred and forty three Willm Pike LS Signed sealed published and declared by the said tes- tator William 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 I Trenhaile John L L Sole Clerks to Mr Sole Solicitor Devonport Proved at London 14th Augt 1849 before the Judge by the oaths of John Towson Moses Williams Jeffery and Edward Sole the surviving Executors to whom Admon was granted having been first sworn by Comon duly to administer
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Last Modified: Sunday, 19-Apr-2020 12:37:25 NDT