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Source: TNA, PROB 11/1929
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 John Pyke of the Upper part of Elmore Street in Tiverton in the County of Devon Gentleman being of sound and disposing mind memory and understanding do hereby revoke all Wills Codicils and other testamentary dispositions made by me at any time or times heretofore And do publish and declare this to be my last Will and Testament I direct my debts funeral and testamentary expences and the legacies hereinafter given and bequeathed to be paid out of my real and personal Estate I give devise and bequeath unto Henry Hugh Pyke my great Nephew now resident at Number 39 Wellington Street King's Square Goswell Street in the County of Middlesex Solicitor and William Sharland residing in Sharland's buildings near Exe Bridge in the Town of Tiverton aforesaid Gentlemen their Executors Administrators and assigns all my real and personal Estate whatsoever and of what nature or kindsoever (not herein before specifically disposed of) upon trust that they the said Henry Hugh Pyke and William Sharland and the survivor of them and the Executors Administrators and assigns of such survivor do and shall with all convenient speed after my decease take possession of collect get in and receive the whole of my personal Estate with the principal and interest thereof And I hereby direct them the said Henry Hugh Pyke and William Sharland and the survivor of them or the Executors Administrators and assigns of such surivovr with and out of the monies arising therefrom to pay satisfy and discharge all my just debts funeral and testamentary expences and the legacies hereinafter given and bequeathed And to lay out and invest the residue of the said monies after answering the purposes aforesaid in their or his names or name in the Parliamentary stocks or public funds of Great Britain or at interest on Government or real securities in England or Wales and from time to time to alter vary and transfer the hereinbefore mentioned trust monies stocks funds and other securities of the like nature when and so often as they or the shall think fit And I do hereby declare that they the said Henry Hugh Pyke and William Sharland and the survivor of them and the Executors Administrators or assigns of such survivor shall stand seized and be possessed of and interested in the said trust monies stocks funds and securities and of the interest dividends and annual produce thereof respectively upon and for the trusts intents and purposes and with under and subject to the powers provisoes agreements and declarations hereinafter expressed and declared of and concerning the same Whereas I lately purchased the freehold house in which I now reside together with the Garden and appurtenances thereunto belonging situate lying and being at or near the North Eastern end of Elmore Street in Tiverton aforesaid I give and devise the said freehold house and Garden with the outbuildings and appurtenances thereunto belonging or appertaining unto and to the use of them the said Henry Hugh Pyke and William Sharland their heirs and assigns during the life of my Wife Mary Pyke in trust to permit and allow her to hold use occupy possess and enjoy the same during her life for her sole separate and peculiar use and benefit independent and exclusively of any husband with whom she may happen to intermarry without being in anywise subject or liable to his debts controul interference or engagements and her receipts for the rents and profits thereof shall be good and effectual releases and discharges for the same notwithstanding her coverture she my said Wife keeping the same premises insured from or against accidents by or from Fire And paying all parliamentary and parochial Rates Taxes and assessments and all other outgoings and repairs whatsoever And after the decease of my said Wife I give and devise the said freehold house and Garden aforesaid with the appurtenances thereunto belonging unto my said trustees aforesaid their heirs executos or administrators in trust to hold the same with the rents and profits thereof until John Pyke Crocker the eldest Son of my Nephew Robert Crocker shall attain the full age of twenty four years when it is my Will on his attaining the said age of twenty four years that they my trustees their heirs Executors or Administratos shall deliver and yield up the aforesaid freehold house and garden and premises with the appurtenan- ces unto the said John Pyke Crocker his heirs Executors Administrators or assigns absolutely But my Will further is that if the said John Pyke Crocker should die before he shall have attained the age of twenty four years Then I give and devise the said freehold house and garden premises with the appurtenances unto my said trustees Henry Hugh Pyke and William Sharland their heirs Executors and Administrators in trust to hold the same with the rents interest and profits thereof until William Crocker the second Son of my said Nephew Robert Crocker shall have attained the full age of twenty four years when it is my Will on his arriving at such age of twenty four years that my said trustees their heirs Executors or Administrators shall deliver and yield up the aforesaid freehold house and garden and premises with the appurtenances unto the said William Crocker his heirs Executors Administrators or assigns absolutely but my mind and Will is that if the said William Crocker should happen to die before he shall have attained the age of twenty four years then I give and devise the aforesaid freehold house and Garden and premises with the appurtenances thereunto belonging unto my residuary legatee hereinafter mentioned for himself his heirs Executors Administrators and assigns absolutely I also give and bequeath and annuity or yearly sum of ten pounds clear of all deductions for legacy duty or otherwise unto Mary Pyke my Wife for her life the same to be paid unto my said Wife half yearly in advance And I do hereby ????? Will and direct my said trustees Henry Hugh Pyke and William Sharland and the survivor of them or the heirs Executors Administrators or assigns of such survivor to invest a sufficient sum out of my personal Estate in Government or other good security from and out of which the said yearly annuity of ten pounds shall be made payable unto my said Wife Mary Pyke as aforesaid I also give and bequeath unto Mary Pyke my said Wife the further sum of one hundred pounds for her own sole and separate use absolutely And I direct the same to be paid over unto her by my said trustees or trustee within six months after my decease out of the first monies that may come to their hand (First however paying my debts funeral and testamentary expences) I also further give and bequeath unto Mary Pyke my said Wife all my household Goods and furniture of every description whatsoever including the plate linen and china picture and printed Books (with the exception of the large deal Chest in my Bedroom the large deal Table in the Kitchen my best feather Bed now used by me together with another Box (a small one) These four Articles last mentioned constituting the exception and which I give and bequeath unto the aforesaid John Pyke Crocker the Son of my aforesaid Nephew Robert Crocker save only that all my wearing apparel I give and bequeath unto my said Nephew Robert Crocker I also give and bequeath unto John Heard of Huntsham in the said County of Devon Husbandman the sum of nineteen pounds and nineteen shillings payable within twelve months after my decease if the same can be got in and received by my said trustees or trustee as part of my personal Estate But should my said personal Estate be so situated that the above mentioned nineteen pounds and nineteen shillings cannot be obtained then I expressly direct my said trustees or trustee for the time being to pay over the interest thereof unto the said John Heard during his life I also give and bequeath unto the four Children (now living at the time of making this my last Will) of Parsler Tailor London which said Parsler is the husband of my Niece Mary Maria Parsler the several and respective sums of nineteen pounds and nineteen shillings each on their and each of their severally attaining the age of twenty four years but not otherwise And subject to the power of my said trustees or trustee being able to pay the said respective sums of ninetten pounds and nineteen shillings each but which should my said trustees or trustee be unable to do (for the reasons stated under the head of the legacy given and bequeathed to the aforesaid John Head) then I direct my said trustees or trustee to pay over the interest thereof unto each of the said four children of the aforesaid Parsler respectively or upon the respective shares of those who may be living I also give and bequeath unto the three Children of my said Nephew Robert Crocker (videlicet) John Pyke Crocker Mary Crocker and William Crocker (now living at the time of making this my Will) The several and respective sums of nineteen pounds and nineteen shillings each on their and each of their severally attaining the age of twenty four years but not otherwise but subject to the same power of my said trustees or trustee as mentioned in the previous bequests to Parsler's four children with the exception however that it is my express desire that my said trustees and trustee for the time being will within twelve months after my decease retain and pay over the interest at their or his discretion upon these three several shares or sums of nineteen pounds and nineteen shillings each for and towards the education of such three Children of my said Nephew Robert Crocker And as to the residue or surplus of the monies which shall come into the hands of my said trustees or the survivor of them or the Executors Administrators or assigns of such survivor by the before mentioned devise or by any of the falling in of any of the legacies hereinbefore given becoming lapsed and the said annuity extinguished by reason of the death of my said Wife Mary Pyke and by collecting getting in and receiving my said personal Estate in manner as hereinbefore is directed and which shall remain after answering and satisfying the trusts and purposes hereinbefore declared of and concerning the same I do hereby declare my Will and mind to be that the said Henry Hugh Pyke my great Nephew and one of the trustees and Executors to this my Will do and shall stand and be possessed of and entirely benefitted and interested in the whole of my residuary Estate as my sole residuary Legatee his heirs Executors Administrators and assigns the sume of five pounds however being deducted out of my personal Estate and presented to my very kind friend Mr William Sharland one of the trustees and Executors to this my Will as a trifling memorial of my respect towards him and in discharge of any claim upon my personal Estate And Lastly I do hereby nominate constitute and appoint them the said Henry Hugh Pyke and William Sharland Executors in trust of this my last Will and Testament In Witness whereof I the said John Pyke the Testator have to this my last Will and Testament contained in this and the three preceding sheets of paper and also to a duplicate hereof set my hand and seal (to wit my hand to and at the bottom of each of the said three sheets and my hand and seal to this fourth and last sheet and my seal at the top of the said sheets where all the said sheets are fastened togther this eighteenth day of August one thousand eight hundred and thirty four The Mark of John Pyke the Testator The Writing contained in this and the three preceding sheets of paper was signed and sealed by the herein named John Pyke the Testator (by his making a Cross as his mark) and by him published and declared as and for his last Will and Testament in the presence of us who at his request have hereunto subscribed our names as Witnesses in his presence and in the presence of each other The Mark of John Burnell of Tiverton Cad Winder John Ford John Trast Wm Ash Scrivr Tiverton The twenty sixth day of August one thousand eight hundred and thirty nine I have this day made a Codicil to the within Will by apopinting Richard Walker Hartly of Elmore in the County of Devon Gentleman my third acting Executor in conjunction with the two Gentlemen Executors in trust mentioned in the within Will who has consented to accept the same The Mark of John Pyke the Testator Witnesses Charlotte Pidgeon Susan Sharland In the Goods of John Pyke deceased Appeared Personally Henry Hugh Pyke of No 3 New Square Lincolns Inn in the County of Middlesex Esquire one of the Executors named in the last Will and Testament now hereunto annexed of John Pyke late of Elmore Street Tiverton in the County of Devon deceased bearing date the eighteenth day of August one thousand eight hundred and thirty four and made Oath that on or about the twenty sixth day of August in the year one thousand eight hundred and thirty nine he the Deponent by the desire and in the presence of the said Deceased wrote the Codicil beginning thus "The twenty sixth day of August one thousand eight hundred and thirty nine" ending thus "in conjuction with the two Gentlemen Executors in trust mentioned in the within Will who has consented to accept the same" and thus subscribed "The mark of John Pyke the Testator" upon the back of the fourth sheet of the said Will and that the said deceased ont he said twenty sixth day of August one thousand eight hundred and thirty nine duly executed the said Codicil by making his mark at the Foot or end thereof in the presence of Charlotte Pidgeon and Susan Sharland whose names appear set and subscribed thereto as Witnesses and also of this Deponent who were all present at the same time with the said deceased and that the said Charlotte Pidgeon and Susan Sharland thereupon attested the said Codicil and subscribed their names as Witnesses at the foot or end thereof in manner and form as now appears thereon in the presence of the said deceased and the Deponent lastly made Oath that at the time of the executing the said Codicil he the said deceased did not mean or intend to refer to any Codicil previously made or executed by him wherein he had appointed Richard Walker Hartley in the said Codicil mentioned as one of the Executors of his aforesaid Will but meant and intented by the said Codicil then executed by him as aforesaid to appoint the said Richard Walker Hartley as one of his Executors in conjunction with the Deponent and William Sharland the executors named in the aforesaid Will of the said deceased and that the Deponent verily and in his conscience believes the said deceased did not at any time subsequent to the date of his said Will make or execute any Codicil to his said Will other than and except the Codicil so as aforesaid written by the Deponent upon the back of the said fourth sheet of the said Will H H Pyke On the sixteenth day of June 1840 the said Henry Hugh Pyke Esquire was duly sworn to the truth of this Affidavit before me W C Curteis Surr: Pres Perrot Fenton Notary Public Proved at London with a Codicil 20th June 1840 before the Judge by the Oaths of Henry Hugh Pyke Esquire the Great Nephew and William Sharland the Executors named in the Will and Richard Walker Hartley the Executor named in the said Codicil to whom Admon was granted having been first sworn (to wit) the said Henry Hugh Pyke before the Worshipful William Calverley Curteis Doctor of Laws and Surrogate and the said William Sharland and Richard Walker Hartley by Comon duly to Administer
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Last Modified: Sunday, 19-Apr-2020 13:05:25 NDT