18 August 1834 Will of John Pyke of Tiverton, Devon, gentleman (proved 20 June 1840)

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

Source: TNA, PROB 11/1929

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


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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