11 May 1788 Will of Martin Pyke of South Petherton, Somerset, innkeeper (proved 23 June 1788)

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I Martin Pyke of South
Petherton in the County of Somerset Innkeeper do
make my last Will and Testament in manner and form
followingthat is to say First I give and devise unto
my Friends Mr Thomas Rossiter of Barrington in the
County of Somerset Mr John Easoe of Bridge in the
said parish of South Petherton and Mr Robert Hearen
of Compton in the same Parish their Heirs and Assigns
for ever my Messuage called the Crown Inn situate in
South Petherton aforesaid with the Outhouses Barton
Fipes Cawet Garden Orchard and other Appurtenances
thereto belonging with all the Household Goods which
are my property and now in the said Inn or the
Outhouses thereto belonging and also my Dwelling
House in South Petherton aforesaid now in the possession
of Thomas Wills with the Appurtenances to hold the
same subject as hereinafter mentioned to the uses
following that is to say to the use of Joseph Beck
Son of John and Leah Beck of Hinton Saint George
in the said County and his Assigns during his 
natural life and from and after the determination
of that Estate by Forfeiture or otherwise during the
life of the said Joseph Beck tot he use of the said 
Thomas Rossiter John Eason and Robert Hearen and their
Heirs during the life of the said Joseph Beck In
Trust to support and preserve the Contingent uses
and Estates hereinafter limitted from being defeasted or
destroyed and for that purpose to make Entries and
bring Actions as Occasion shall require but nevertheless
to permit the said Joseph Beck to receive the rents
and profits thereof during his life and from and after 


his decease to the use of all and every the
Children of the said Joseph Beck in equal shares
if more than one as Tenants in Common and to the
Heirs of their respective Bodies and if but one then
to the use of such only Child and the Heirs of
his or her Body and in case any such Child
or Children shall happen to die before the Age 
of Twenty One Years and without lawful Issue
then as to the share or shares of him her of them
so dying to the use of the remaining and other
or others of them as Tenants in Common and
to the Heirs of his her or their respective Body
or Bodies and for default of all such Issue to
the use of John Beck Brother of the said Joseph
Beck and his Assigns during his natural life and
from and after the determination of that Estate
by Forfeiture or otherwise during the life of the said
John Beck the Brother to the use of the said 
Thomas Rossiter John Eason and Robert Hearen and their
Heirs during the life of the said John Beck the
Brother In Trust to support and preserve the contingent
uses and Estates hereinafter limitted from being 
defeated or destroyed and for that purpose to make
entries and bring Actions as Occasion shall require
but nevertheless to permit the said John Beck the
Brother during his life to receive the rents and profits
thereof and from and after his decease to the use
of al and every the Children of the said John
Beck the Brother in equal shares if more than
one as Tenants in Common and to the Heirs 
of their respective Bodies and if but one then
to the use of such only Child and the Heirs of 
his or her Body and in case any such Child 
or Children shall happen to die before the Age 
of Twenty One Years and without lawful Issue
then as to the share or shares of him her or them
so dying to the use of the remaining and other
or others of them as Tenants in Common and to
the Heirs of his her or their respective Body or
Bodies and for default of all such Issue to the
use of Joseph Stuckey Son of Thomas Stuckey
of Muchelney in the said County his heirs and
assigns for ever and I do expressly charge and
subject all the said Premises to and with the
payment of the sum of Ten pounds to each and
every of the Younger Children of the said Leah
Beck in manner following that is to say the
Sum of Ten pounds to be apid to the second
Child of the said Leah in one Year after my
decease the further Sum of Ten pounds to 
the third Child of the said Leah in two Years
after my decease and so on to the others of the
					Children


Children of the said Leah progressively one Year after
another till the Sum of Ten pounds shall be paid to
every one of such Children and I do hereby direct that 
the said several Sums of Ten pounds each shall be
paid as they respectively become due by the several
person or persons who for the time being shall be
entitled to the enjoyment of the said premises and
I do hereby expressly exonerate all my personal Estate
from the payment of the said several sums of Ten
pounds each and from every part thereof Also I give
and devise unto the said Thomas Rossiter John Eason
and Robert Hearen their Heirs and Assigns for ever
my Dwelling House in which I now live in South
Petherton aforesaid called the George Inn with the
Outhouses Garden Orchard and Appurtenances thereto
belonging and also my Acre of Land in Chapplefield
and my half Acre in Hamsfield in South Petherton
aforesaid to hold the same upon the Trusts and to
the uses following that is to say In Trust for the
seperate and peculiar use of my Niece Meliscent 
Davis during her natural life and so as the same
be not subject to the Controul Debts or Engagements
of her Husband and after her decease to the use
of her Son Robert Davis and his Assigns during
his natural life and from and after the Determination
of the said Estates by Forfeiture or otherwise during
the lives or life of the said Meliscent Davis and
Robert Davis or the Survivor of them to the use
of the said Thomas Rossiter John Eason and Robert 
Hearen and their Heirs during the lives and life
of the said Meliscent Davis and Robert Davis 
and the Survivor of them In Trust to support and
preserve the Contingent uses and Estates hereinafter 
limitted from being defeated or destroyed and for
that purpose to make Entries and bring Actions as
Occasion shall require but nevertheless to permit
the said Meliscent Davis during her life and after
her decease the said Robert Davis during his life
to receive the rents and profits thereof and from
and after the several deceases of the said Meliscent
Davis and Robert Davis to the use of all and
every the Children of the said Robert

Davis in equal shares if more than one as tenants 
in Common and to the Heirs of their respective 
Bodies and if but one then to the use of such
only Child and the heirs of this or her Body and
in case any such Child or Children shall happen
to die before the Age of Twenty One Years and
without lawful Issue then as to the share or
shares of him her or them so dying to the use 
of the remaining and other or others of them as


Tenants in Common and to the Heirs of his her or
their respective Body or Bodies and for default of 
all such Issue to the use of Charlotte and Mary the
Daughters of the said Meliscent Davis their Heirs 
and Assigns for ever as Tenants in Common and 
not as joint Tenants Also I give unto the said
Thomas Rossiter John Eason and Robert Hearen all
my Casks Household Goods and Implements (except
such parts thereof as are hereinafter mentioned) In
Trust to permit the said Meliscent Davis to use
the same during her life and after her decease 
in Trust for the said Robert Davis his Executors 
and Administrators Also I give unto my said
Trustees all my Stock in the Trade or Business of
an Innkeeper In Trust to sell so much and in
such manner as they shall think fit to pay all
the Debts incurred by me and due at the time 
of my Death in the Course of my Business and
dealing as an Innkeeper and after discharge thereof 
and the Expences Occasioned by such Sale then I 
give the residue of such Stock in Trade to the
said Meliscent Davis Also I give and devise my
House in Palmer Street with the Garden and
Appurtenances thereto belonging now in the Occupation
of John Stuckey and my two Acres of Land in
Whitefield all situate in the Parish of South Petherton
aforesaid unto the said Charlotte Davis and Mary
Davis their Heirs and Assigns for ever as Tenants 
in Common and not as joint Tenants Also I give
and devise all my Estate and Interest in a Close
of Ground situate in the Parish of Kingsbury
Episcopi in the County and called Kirbys Close
unto the two Eldest Sons of the said Thomas 
Stuckey which shall be living at the time of
my Death as Tenants in Common and not as 
joint Tenants Also I give and devise all my
Estate and Interst in a Dwelling House in Kingsbury
aforesaid called the New Inn with the Appurtenances
and also in two Acres in B??eworth half an Acre
in shaldron Mead One Acre in Kilworth and three
Acres called Pipes all situate int he parish of 
Kingsbury aforesaid unto Arthur White of Kingsbury
Episcopi aforesaid Butcher his Executors and Admors
In Trust nevertheless for the benefit of the Child
of John Stuckey of Mitchelney aforesaid which
Child is the Grand Daughter of the said Arthur
White Also I give and devise unto the said
Thomas Rossiter John Eason and Robert Hearen their
Executors and Admnistrators all my Estate and Interest
in my Dwelling House in South Street in South
Petherton aforesaid with the Appurtenances thereunto
					     belonging


belonging In Trust to permit Ann myWife who 
live with me to hold and enjoy the same during so much
of my Interest as shall expire during her life and after her
decease In Trust for John Beck Son of the said Leah
Beck his Executors and Administrators Also I give unto the
said Ann my Wife all such Money as shall be in my
Dwelling House at the time of my decease not exceeding
the Sum of One Hundred Pounds Also I give unto
the said Ann my Wife all her Wearing Apparel and
all her Rings and also all such Plate and Household
Goods and Implements as she brought with her to my
House or have been given to her by any person
or perons since her Coverture with me Also I give
unto the said Ann my Wife the Bed and Bedstead
and all belonging thereto and all other the Furniture 
in the Fore Chamber of my now Dwelling House and
also One kettle One Crock One Boiler and two Dozen
of Plates all to be Chosen and Selected by herself Also
I give unto the said Ann my Wife the Sum of Six
Hundred Pounds to be paid her in One Year next
after my decease Also I give unto the said Arthur
White the Sum of Fifty pounds to be paid in One Year
after my decease In Trust to be laid out and disposed
of by him at his discretion for the benefit of his said
Grandchild Also I give and bequeath the several Legacies
following that is to say to the said Robert Davis Fifty
pounds to the said Charlotte Davis Fifty pounds to the
said Mary Davis Fifty pounds to each and every one
of the children of the said Thomas Stuckey of Mutchelney
which shall be born and living at my decease Fifty
pounds to Goseph Stuckey Brother of the said Thomas
Stuckey Fifty pounds to each and every one of the 
Children of William Bown of Swill in the said County
which shall be born and living at my decease
Fifty pounds to the said Leah Beck Fifty pounds and
to each and every one of the said Leah Becks Children
(except the said Joseph Beck) which shall be born and
living at my decease Fifty pounds and I hereby
appoint the said Thomas Rossiter John Eason and Robert
Hearen to be Executors of this my last Will and 
Testament In Trust nevertheless for the purposes herein
after mentioned (that is to say) In Trust as soon as
Conveniently may be after my decease to call in all
my Monies at Interest and all other such Debts as
may be due to me and to sell dispose of and Consent 
into Money all my personal Estate not herein before
bequeathed and to dispose of the same according 
to the directions of this my Will and my Will is
and I hereby direct that all the Legacies herein
before given shall be paid in One Year next after
my decease to such of the said Legatees as shall then
be of the Age of Twenty One Years and as to such


of them as shall not then have attained that Age I
direct that the payment of their Legacies respectively
shall be deferred until their respective attainment of
that Age and that in the mean time their respective 
Legacies may be put out at Interest by my Executors
either upon Government or real Securities or any other
Securities as my Executors shall think fit and upon
the said Legatees respective Attainment of the Age 
of Twenty One Years the same with all interest
which the said Executors shall have made thereof 
but no more shall be by them assigned Transferred 
or paid unto the said Legatees when and as they
respectively attain their Ages of Twenty One Years and
I hereby Authorize and impower my said Executors to
pay unto the said William Bown in One Year after
my decease the said several Legacies herein before
given to his said Children In Trust to be placed by
him out at Interest for the benefit of his said Children
in manner hereinbefore directed respecting the other 
Legatees and the releases or discharges of the said
William Bown for such Legacies shall be good and
effectual releases and discharges to my Executors for
the same and my will is and I do hereby expressly
declare that my said Executors In Trust or any or
either of them their or any or either of their
Executors or Administrators shall not be Charged or
Chargeable with or Accountable for more of the
aforesaid Monies and Estates than he or they shall
actually receive or shall come to his or their respective 
hands by virtue of this my Will nor the one for
the other or others of them or for the Acts deeds
receipts defaults or Disbursements of each or any other
and also that it shall and may be lawful for them
my said Executors In Trust and each and every of them
their and each and every of their Heirs Executors and
Administrators int he first place by and out of the said
Monies and Estates to deduct and reimburse him and
themselves respectively all such Losses Costs Charges Damages
and Expences as he they or any of them shall sustain 
expend or be put unto for or by reason of the 
performance of this my will or the Trusts hereby in them
reposed or the Management or Execution thereof respectively 
or any other thing in any wise relating thereunto and
in case after payment of all the Expences incident to the
Execution of this my Will and the Legacies hereinbefore
given and also my Funeral Expences and all my
Debts there shall happen to be an Overplus in the
hands of my said Executors then I give One Moiety
of such Overplus to the said Meliscent Davis and 
the other Moiety to the said Robert Davis her Son and
in case it shall happen that after discharge of all
the Expences incident to the Execution of this my Will
						and


and all my Debts and Funeral Expences there shall
not happen to be a Sufficient Fund for the payment
of the whole of the pecuniary Legacies herein before
given owing to the failure or insufficienty of Securities
or from any other Cause then it is my Will that 
the said Several Legacies shall be abated in a
rateable proportion according to the Amount of each
and every of such Legacies respectively In Witness
whereof I the said Martin Pyke the Testator have
to this my last Will and Testament contained in
this and the six preceeding sheets of paper set my
hand and seal to wit my hand at the bottom of
each of the said preceeding sheets and my hand
and seal to this last Sheet of Paper the Eleventh day of
May in the year of Our Lord One thousand seven
hundred and Eighty Eight  Martin Pyke  LS  the Writing
contained in this and the preceeding six sheets of paper
was signed and sealed by the above named Martin Pyke
the Testator and by him published and declared as 
and for his last Will and Testament in the presence of 
us who have hereunto subscribed our names as Witnesses
thereto in his presence and in the presence of each
other the words "Tenants in Common and not as joint
Tenants" being first interlined in the fourth Sheet and 
an Interlineation having been first made in this Sheet
John Baker  Richd Toller  Jno Baker Junr

I the within named Martin Pyke do by this Codicil
to my within written Will declare and my will is
that in case Ann my Wife within named shall Claim
or have her dower and thirds in any of my Messuages 
Tenements or Hereditaments then the Legacies and
bequests in her favour within contained shall be absolutely
void and it is also my Will that my Funeral 
Expences shall be paid by the said Ann out of the 
Monies which I have given her in my said Will
Als o I give unto Joseph Biddlecombe of Mutchelney
Ham Yeoman Twenty Pounds Also I give unto George
Locke Son of George Locke of Mutchelney Twenty Pounds 
In Trust for him the said George Locke the Son and all
his Brothers and Sisters of the whole Blood in equal
shares and proportions and I declare this Codicil to be
a part of my Will In Witness whereof I have hereunto
set my hand and Seal the Eleventh day of May One
thousand Seven hundred and Eighty Eight  Martin Pyke  LS
signed sealed published and declared by the said Martin
Pyke as and for a Codicil to his Will in the presence of 
John Baker Richd Toller Jno Baker Junr

I the within named Martin Pyke by this Second Codicil


to my within written Will do give and devise unto
the within named Thomas Rossiter John Eason and Robert
Hearen and their Heirs all such Freehold Messuages Lands
Tenements and Hereditaments as are now in Mortgage 
to me or vested in me for securing any Sum or Sums 
of Money to hold the same premises with the Appurtenances
unto and to the use of the said Thomas Rossiter John
Eason and Robert Hearen their Heirs and Assigns ????
Trust for and to be subservient to the direction and
meaning of my said Will and to the end that the
same premises may at and upon my Death become 
legally vested in my said Trustees and their Heirs to
enable them to make effectual releases and Conveyance
of the said Freehold Premises to the Person and Persons
who shall be intitled to the Equity of Redemption thereof 
respectively or to such other or others as he or they shall
direct as and when the Sums of Money respectively 
secured thereon shall be paid to my said Trustees or
either of them or their Heirs In Witness whereof I
the said Martin Pyke the Testator have to this Second
Codicil to my said Will which I direct to be Considered 
as part thereof set my hand and Seal the 18th day
of May One thousand seven hundred and Eighty Eight
Martin Pyke  LS published and declared by the said 
Martin Pyke the Testator as and for a Second Codicil 
to his Will in the presence of us who have hereunto
subscribed our names as Witnesse thereto in his presence 
and in the presence of each other   Giles Hutchings
Richd Toller Jno Baker Junr

This Will was proved at London with two
Codicils the twenty third day of June in the year 
of Our Lord One thousand seven hundred and Eighty 
Eight before the Right Worshipful Peter Calvert Doctor of
Laws Master Keeper or Commissary of the Prerogative
Court of Canterbury lawfully constituted by the Oaths of
Thomas Rossiter John Eason and Robert Hearen the Executors 
named in the said Will to whom Administration was 
granted of all and singular the Goods Chattels and Credits
of the deceased they having been first sworn by
Commission duly to Administer

Last Modified: Sunday, 17-May-2020 11:52:39 NDT