19 February 1803 Will of John Pyke of Fitzhead, Somerset, gentleman (proved 9 August 1805)

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This is the last Will
and testament of me John Pyke of Fitzhead in
the County of Somerset Gentleman First I
ratify and confirm the Settlement made previous
and in order to my Marriage with Betty Wills
Pyke my present Wife whereby my Messuage
and tenement with its appurts called Southwi???
situate in the Parish of Broadclist in the County
of Devon is settled on my said Wife for life
Also I Give and bequeath unto my said Wife
the Sum of Thirty Pounds
  	in lieu and satisfaction
  	of a Legacy of thirty
  	pounds
  which her late
Father bequeathed her by his Will also my
Will is that my Executor hereinafter named shall
pay unto William Bird the Husband of my
Daughter Betty Moore in twelve Months after my
decease if he shall be then living or to my
said Daughter in case her said Husband should
be then dead the Sum of Five hundred pounds
of lawful Money in addition to the provision 
which I made for her on her Marriage but
upon Condition that the said William Bird or
my said Daughter if the same be paid to her
do give unto my said Executor his or her Bond
or other sufficient Security to repay the said
Sum of Five hundred pounds unto my Son and
Executor his Executors admors or assigns if and
when my said Daughter shall happen to die
without Issue living at her death begotten by
the said William Bird and I Give the said Sum
of Five hundred pounds accordingly I give and
devise unto my good Friends John Rowe of cove
in the parish of Tiverton Thomas Sowdon of the
same place Esquire and to my son John Chick
Pyke my Freehold Messuage or tenemant called


James's situated in the parish of Elworthy To
hold to them their Executors admors and assigns
for the Term of Five hundred years upon the
trusts hereinafter declared and I also Give
unto them the said John Row Thomas Sowdon
and John Chick Pyke my Copyhold Estate
situated in the Parish of Fitzhead called Miltons
and I do hereby declare that the said Term of
Five hundred years is so limitted and the said
Copyhold Tenement so devised to the said John
Row Thomas Sowdon and John Chick Pyke upon
trust that they and the Survivors and Survivor
of them his Executors Admors and assigns do
and shall with and out of the Rents and profits 
of the Lands comprised in the said Term and of
the said Copyhold Tenement raise and levy the
yearly Sum of Seventy pounds for the Maintenance
and support of my Daughter Sarah Pyke during
such time as she shall have her Mental Faculties
but when she shall be labouring under a
derangement of mind which she is unhappily at
times afflicted with then I direct that the Sum of
Thirty pounds a year only or such annual Sum
not exceeding Seventy Pounds as they my said
Trustees shall think proper to be raised by the
means aforesaid for the maintenance and support
of my said daughter Sarah and I declare that
the said term of five hundred years is so limited
to the said John Row Thoams Lowdon and John
Chick Pyke Upon further Trust that they and the
Survivor of them and the Executors Admors and
Assigns of such Survivor do and shall after the
decease of my said Daughter by Mortgage or Sale
of the said Term of Five hundred years and the
Lands therein comprised raise and levy the Sum
of Five hundred pounds for the benefit of the Child
or Children of my said Daughter Sarah that shall
be living at her Death in equal proportions and 
if my said Daughter Sarah shall marry with the 
Consent of my said Trustees the said John Row
Thomas Sowdon and John Chick Pyke or the 
Survivors or Survivor of them his Executors or
Admors then to raise and levy the Sum of One
thousand pounds for the benefit of the Child or
Children of my said daughter Sarah that shall be
living at her death in equal proportions and if my
said Daughter Sarah shall die without Issue of her
body lawfully begotten that shall be living at her 
death then I direct that the said Sum of Five hundred
pounds or one thousand pounds shall not be
raised and subject to the said term and to the


Trusts aforesaid I give and devise my said Tenement
in Elworthy and the said Copyhold Messuage in
Fitzhead to my Son John Chick Pyke his Heirs
Executors Admors and Assigns for his and their own
use and benefit Also I Give and bequeath unto my
said two Daughter Betty Moore and Sarah Pyke Ten
Pounds each to be laid out for them in Mourning
Cloaths at my decease Also I remit and forgive my
Constant daily Labourers in Husbandry such Sum and
Sums of Money as they may be indebted to me at 
the time of my decease either on Book or for Rent
for the Cottages they occupy Also I Give unto James
Parsons if he should be living with me at the time
of my decease (but not otherwise) the Sum of Ten
Guineas to my Servant Mary Mansfield the Sum of
Ten Guineas the Sum of Five pounds to my Servant
William Swanger to Jane Hobbs Five pounds and
Five pounds to my Servant Thomas Swanger but
upon the same Condition as to each of them
provided always and my Will is that the provision 
hereinbefore made for my said Daughter Sarah was
and is meant and intended to be in lieu and full
recompence and satisfaction for all Right and Interest 
which she can or may have or Claim in or to all or
any of the Copyhold Estate or Estates Lands or
tenements which I hold for her life situate within
the Manor of Wiveliscombe and Fitzhead in the said
County of Somerset and that in case my said Daughter
or any person or persons claiming under her shall
at any time hereafter when required by my said Son
John Chick Pyke his Executors or Admors neglect or
refuse to surrender into the hands of the Lord of the
said Manor according to the Custom thereof To the
use of my said Son his Executors or Admors during 
all her right and Interest of in or to any such
copyhold premises that the Limitations and Trusts 
hereinbefore declared of and concerning the said Lands 
and premises for the benefit of my said Daughter 
Sarah and her Children shall be utterly void and of
none effect and my said Trustees shall immediately 
upon such neglect or refusal stand possessed of the
same Lands and premises to and for the only use and 
behoof of my said Son John Chick Pyke his Heirs
Executors Admors and Assigns for ever Also I Give unto
my said Son all other my Leasehold and Copyhold 
Messuages and Lands situated in the said Parish of 
Fitzhead for and during so much of my Interest 
therein as shall expire in his life time and after his
decease I Give the same to the Eldest Son of my said
Son that shall be living at his death for all the residue


of my Interest therein all the rest and residue of my
Messuages Lands and tenements of what nature or
holding soever the same are of situated in the several
parishs of Lydeard St Lawrence Stockland Bristol
Broadclist and elsewhere I Give devise limit and
bequeath unto my said Son John Chick Pyke his Heirs
Executors Admors and assigns for his and their own
use and benefit and I do constitute and appoint him
my said Son Sole Executor of this my Will provided
always and it is my Will that my Trustees herein
before named and the Survivors and Survivor of
them their and his Executors and Admors shall and
may at all times reimburse and Indemnify 
themselves and himself respectively out of the said
Trust premises all such Costs Charges and Expences
as they or either of them shall pay lay out or
expend for or by reason of the Trusts hereby in
them reposed and that neither of them shall be
answerable or accountable for any more of the said 
Trust Monies than shall actually come to their
respective hands nor for any loss which may happen
of the same premises unless such Loss happen thro'
their or his wilful neglect or default nor one of them
for the other or others of them but each of them
for his own Acts Deeds receipts neglects and defaults
only In Testimony whereof I the said John Pyke the
Testator have to this my last Will and testament 
which is contained in three Sheets of paper set
my hand to the two first sheets thereof and my
hand and seal to this third and last sheet the
nineteenth day of February in the year of our Lord
one thousand eight hundred and three John Pyke
LS Signed Sealed published and declared by the
said John Pyke the Testator as and for his last will
and Testament in the presence of us who in his
presence at his request and in the presence of each
other have subscribed our names as witnesses hereto
the words the Sum of Ten Guineas and the words 
to Jane Hobbs five pounds being first interlined
in the second Sheet  W Kinglake Richd Bridge
Tho Ley

This Will was proved at London
the ninth day of August in the year of our Lord
One thousand eight hundred and five before the
Right Honorable Sir William Wynne Knight Doctor
of Laws Master Keeper or Commissary of the Prerogative
Court of Canterbury lawfully constituted by the Oath of 
John Chick Pyke the Son of the deceased and Sole


Executor named in the said Will to whom Admon
was granted of all and singular the Goods Chattels
and Credits of the said deceased having been first
sworn by Commission duly to administer

Last Modified: Saturday, 06-Jun-2020 18:38:34 NDT