30 August 1843 Will of William Pike of Devonport, gentleman (proved 14 August 1849)

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

Source: TNA, PROB 11/2098

If you came to this page directly, then you might want to know that I have additional Pike information on my website.



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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