14 January 1758 Will of Hannah Pyke of Uffculme, Devon, widow (proved 3 February 1762)

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I Hannah pyke late of the
City of Exon but now of Uffculm in the County of Devon
Widow Do make and appoint this to be my last Will
and Testament in manner and form following that is to
say I give and forgive to my Brother Nathaniel Coles 
of Buckfastleigh in the said County of Devon Serge
maker all and every debt and debts sum and sums of
money whatsoever which he now owes or stands
indebted to me by Bond or otherwise and I do hereby
order and direct that all and every Security and securitys
for such Debt or Debts shall be immediately after my
decease delivered unto my said Brother to be Cancelled
and Destroyed Also I give to my Nephew John Coles
(son of the said Nathaniel Coles) the sum of Fifty
pounds of lawful money of Great Britain to be paid to
him by my Executors In Trust within six Months next
after my decease Also I give to my Nephew Joseph Coles
son of the said Nathaniel Coles the sum of Five pounds
of lawful money of Great Britain to be paid to him by
my Executors In Trust within Six months next after my
decease Also I give to my Brother Joseph Coles of the
said City of Exon yeoman Ten pounds of lawful English
money to be paid to him within six Months next after
my decease Also I give to my Brother in Law the Reverend
Mr John Churley of Uffculm aforesaid Five pounds of lawful
money of Great Britain to be paid to him by my Executors 
In Trust within six MOnths next after my decease Also I 
give to my Sister in Law Elizabeth Churley wife of the said


John Churley the sum of Five pounds of lawful money of
Great Britain to be paid her within six Months next
after my decease by my Executors in Trust hereinafter
mentioned Also I give unto Thomas Eustace of the said 
City of Exon Baker Five pounds of lawful English money to
be paid to him by my Executors in Trust within six Months 
next after my decease Also I give to the poor of the dissenting
congregations of Uffculm and Exon aforesaid called
Presbyterians the sum of Five pounds of lawful English
money to be equally divided between them by my Executors 
in Trust hereafter named Also I give and bequeath unto
my said brothers Nathaniel Coles and Joseph Coles their
Executors Administrators and Assigns all that my Leasehold
Estate or Tenement and Premises situate in Alphington in
the said County of Devon And all that my Leasehold
Messuage or Dwelling house and premises situate in the
parish of the Holy Trinity in the said City of Exon and
all other my Messuages Lands Tenements and premises
situate or being within the said parishes of Alphington
and the Holy Trinity for and during all the Estate Term
and Terms Right and Interest which I have therein upon
Trust that they the said Nathaniel Coles and Joseph Coles
and the survivor of them his Executors Administrators 
and Assigns do and shall permit and suffer my Niece
Hannah (the wife of the said Thomas Eustace) to receive 
and take to her own use and benefit the Rents Issues
and Profits thereof for and during so many years of the
Term and Terms and Estate which I have therein as
shall run out and expire in her Life time separate and
apart from her present and every future Husband 
  and no ways subject
  to the Debts Controul or
  Power of her present or
  any future Husband
and
so as he the present or other Husband may not 
intermeddle or have any thing to do therewith and from
and immediately after her decease Then on Trust as to
the residue of the Term or Terms or Estate therein for
such Person or Persons for such uses and Purposes as
my said Niece Hannah shall in and byher last Will
and Testament duly executed and attested Give and
appoint the same which Gift and appointment she is
hereby impowered and authorized to make notwithstanding
her present or any other future Coverture And in default 
thereof Then In Trust for her Executors or Administrators
and the Receipts Acts and Deeds of my said NieceHannah
touching the Rents and Profits of the said Leasehold 
premises shall be good and valid to every Intent and
Purpose notwithstanding her present or any future
Coverture Also all other my Messuages Lands and
Tenements and all my Good Chattels and Personal Estate
whatsoever and wheresoever of what nature of kind
soever I give and bequeath unto the said Nathaniel Coles
and Joseph Coles On Trust as hereafter mentioned And I
do make them the said Nathaniel Coles and Joseph Coles
joint Executors of this my last Will and Testament But


on Trust and Confidence and to and for the Intents and
purposes following that is to say on Trust to Convert all
my said Goods and Chattels into ready Money and to pay
the said several Legacies as the same are hereinbefore
directed and all the rest and residue thereof to lend at
Interest on real or personal Security or in the publick
Stocks as my said Niece Hannah shall direct And pay
the Interest thereof to my said Niece Hannah for and
during her natural Life for her own use and benefit
separate and apart from her present and every future 
Husband and no way subject to the Debts Controul or
power of her present or future Husband or Husbands and
so as he or they may not intermeddle or have any thing
to do therewith And from and after her decease On Trust
to pay and apply all the rest and residue of the said
money arising as aforesaid with all arrears of its
Interest unto such Child or Children of my said Niece
Hannah, if she shall have more than one Child, in such
manner and form and for such uses and Purposes as my
said Niece Hannah in and by any Writing or Writings 
under her Hand and Seal duly executed in the presence of 
two or more Credible Witnesses with or without Power of
revocation or by her last Will and Testament in Writing or
any Writing purporting to be her last Will and Testament 
executed and attested in like manner shall direct and appoint
which Direction and Appointment she is hereby authorized
and impowered to make notwithstanding her present or
any future Coverture And in default of any such Appointment
Then On Trust to pay and apply the same to and for the
benefit of such Children of my said Niece Hannah equally
between them share and share alike But if my said
Niece Hannah shall have an only Child Then On Trust to
and for the benefit of such only Child And in case my said
Niece shall not have any Child or Children Then immediately
after her decease On Trust to pay and apply the same and
every part thereof unto such Person or Persons in such
manner and for such Purposes as my said Niece Hannah
in and by any Writing or Writings to be executed and
attested as aforesaid with or without power of Revocation
or by her last Will and Testament or any Writing purporting
to be her last Will and Testament executed and attested in
like manner shall direct and appoint and which Direction
and appointment she is hereby impowered to make
notwithstanding her present or any future Coverture And in
default of such Appointment Then on Trust to and for
the benefit of the Executors or Administrators of my said
Niece Hannah And it is my Will that the Receipts Acts
and Deeds of my said Niece touching the lending of the
said Trust money at Interest and the Receipt of such
Interest shall be good and valid notwithstanding her
present or any future Coverture And lastly it is my Will
and I do hereby Order and direct that my said brothers


Nathaniel Coles and Joseph Coles their Executors or
Administrators shall not be answerable for any Loss
that may happen by lending of the Trust money at
Interest in pursuance of this my Will so as such Loss
happen without their or either of their wilful act or
default and that they the said Nathaniel Coles and
Joseph Coles shall not be answerable to one of them
for the other of them nor the one of them for the others
Acts Receipts and Deeds but each of them for himself his
own Acts Receipts and Deeds in and about the execution 
of the Trust aforesaid and that my said Trustees and
every of them their Executors and Administrators shall
be severally saved harmless and indemnified from and 
out of the Trust money for and against all manner of 
charges Losses Damages Troubles and Expences whatsoever
which they or either of them shall or may bear sustain
or be put unto in or about the management and execution 
of the Trust aforesaid and this my Will.  In Witness
whereof I have hereunto set my hand and seal the
fourteenth day of January in the thirty first year of
the Reign of his Majesty King George the second
and in the year of our Lord one thousand seven hundred
and fifty eight.  Hannah Pyke  This Will contained in
two sheets of Paper was signed sealed published and
Declared by the said Hannah Pyke as and for her last
Will and Testament in the presence of us who subscribed
our names hereto as Witnesses in her presence at her
request and in the presence of each other  James Quant
Sarah Parsons

I Hannah Pyke do order my Executors to pay unto
John Cole's three children the sum of Five pounds
?? Mary Coles and Ten pounds to Hannah Coles and
Five pounds to Filles Coles of lawful money of Great
Britain to be paid within six months next after my
death Witness my hand Hannah Pyke  Elizabeth 
Chorly Sarah Parsons

The Prensabel of this Bond I give to Joseph Coles
the son of Nathaniel Coles, after the death of Nathenel
Coles and his Wife Jone Coles as witness my hand
Hannah Pyke  May 19th 1761  Witnes Hannah
Eustace

Appeared personally James Quant of Ulfculm in the
County of Devon Schoolmaster and Sarah Parsons of
the same Spinster and by virtue of their several Corporal Oaths
Deposed that they severally knew and were well
acquainted with Hannah Pyke late of the City of Exeter
						 but


but at Ulfculm in the County of Devon Widow deceased for
several years before and until the time of her death which
happened on or about the ninth day of November now last past
as these Deponents have severall been informed and do
respectively verily believe And these Deponents severally
further Depose that they these Deponents are the only two
subscribing Witnesses to the last Will and Testament of the
said Hannah Pyke which bears date the fourteenth day of
January one thousand seven hundred and fifty eight and is
contained in two sheets of Paper to each sheet of which she
the said Testatrix subscribed her Name and set her Seal
in the presence of these Deponents and that by having seen
the said Testatrix so subscribe her Name twice to the said
Will and by now viewing and carefully perusing and
comparing the name Hannah Pyke so subscribed thereto
with the name subscribed to the paper writing hereunto
annexed and by comparing therewith the said paper
writing purporting to be a Codicil or Testamentary
schedule of the said deceased and which is wrote on the
Blank half sheet of the Bond thereunto annexed in the
words following (to wit) The prensablel of this Bond I
give to Joseph Coles the son of Nathenel Coles and Jone
Coles after the death of Nathenel Coles and his wife
Jone Coles as Witness my hand Hannah Pyke May 19th
1761 These Deponents do severally verily believe that 
as well the name Hannah Pyke and Month and Date
following the same as also the whole series of the said
Codicil or Testamentary schedule is and are all of the
Handwriting of the said Hannah Pyke deceased (Except
the words Witnes Hannah Eustace at hte bottom thereof)
James Quant Sarah Parsons sworn by Comon 5th Janry 1762
  before the Refd George Fendr? Com?

On the third day of February in the year of our Lord
one thousand seven hundred and sixty two Letters of
Administration with the last Will and Testament and two
Codicils annexed of all and singular the Goods Chattels and
Credits of Hannah Pyke late of the city of Exeter but at
Uffculme in the County of Devon Widow deceased were granted
to Hannah Eustace (wife of Thomas Eustace) the Residuary
Legatee named in the said Will she having been first sworn
by Commission duly to administer For that Nathaniel
Coles and Joseph Coles the Executors and Residuary Legatees
In Trust named in the said Will having respectively
renounced as well the Execution of the said Will and two
Codicils as Letters of Administration (with the said Will
and two Codicils annexed) of the Goods of the said deceased

Last Modified: Sunday, 10-May-2020 13:19:27 NDT