Birdbrook, Essex
Created 31 July 1731
Codicil 1 Aug 1735
Codicil 8 July 1737
Proved 16 Dec 1738
In the Name of God Amen I John Pyke of the parish of Birdbrook in the County of Essex Gentleman being in good health of Body and of sound and disposing mind and memory (praised be God for the same) yet considering the uncertainty of this transitory Life Do make and declare this my last Will and Testament in manner and From following that is to say First and principally I Commend my Soul into the hands of Almighty God hoping through the Meritts Death and Passion of our Blessed Savious Jesus Christ to have full and free pardon and Forgiveness of all my Sins and to Inherit Everlasting Life and my Body I Commit to the Earth from whence it came untill itts Joyfull Resurrection to be decently buryed in the parish Church of Birdbrook aforesaid near the Body of my late uncle George Pyke Esqr deceased and I do hereby Order and appoint the Sum of twenty pounds to be paid and equally distributed by my Executrix hereafter named to twenty of the poorest and most Indigent people of the parish of Birdbrook
aforesaid and I do give and bequeath unto my Dear Wife Sarah Pyke the Sum of Fifty pounds for Mourning and I do give unto my Sister Katherine Crowch Widow of my late Brother Pyke Crouch and to her four Children John Crowch George Crowch (if Living) Thomas Crowch and Katherine Crowch the Sum of twenty pounds apiece for Mourning
Also I give unto my Nephew Bromsall Crowch only son of my late Brother Thomas Crowch and to my Cousin Elizabeth Tweed Widow of Thomas Tweed late of Stoke by Clare in the County of Suffolk and to my Cousins Ann Walford Constance Goldegay Sarah Crowch Daughter of my late uncle Charles Crowch of Stratford in the County of Suffolk and her Sister Ann Crowch the Sum of twenty pounds apiece for mourning
Also I do give and bequeath unto such of my Servants as shall be Living with me at the time of my decease the Sum of Five pounds apiece to be paid to each of them over and ove their Wages that shall be due to them
And in regard to my said late uncle George Pykes Will By which I think I am Obliged in some Measure to govern my Self I do give devise and bequeath All these my Mannors Messuages Lands Tenements and hereditaments with their and every of their Appurtenances called or known by the Name or Names of Baythorne Endhouse and Baythorne Hall Farm Situate lying and being within the several parishes of Birdbrook Bumpsted and Redgewell or some or One of them in the said County of Essex and Also All that Annuity or yearly Rent Charge of twenty pounds per Annum payable out of Certain Mannors and Lands lying within the parishes of Parfenham Sandringham and Snoreing or some or one of them them in the County of Norfolk and also all other my Mannors Messuages Lands Tenements Rents and Hereditaments whatsoever and wheresoever in the Countys of Essex Cambridge Suffolke and Norfolke every or any of them or Elsewhere in the Kingdom of Great Britain in Possession Reversion Remainder or Expectancy
To my said Nephew Bromsall Crowch only son of my said late Brother Thomas Crowch for and during the term of his Natural Life without Impeachment of Wast and from and after the Determination of the said Estate To Sir Harvey Elwes of Scofeby Clare in the County of Suffolk Baronet and John Robinson of Denson Hall in the said County of Suffolk Esqr and their heirs during the Life of my said Nephew Bromsall Crowch In trust to preserve the Contingent Remainders herein after devised from being barred or defeated But to permit the said Bromsall Crowch to take the rents and Profitts thereof to his own use for his Life and from and after the Decease of my said Nephew Bromsall Crowch
To John Crowch Eldest Son of the said Bromsall Crowch for and during the term of his Natural Life without Impeachment of Waste and from and after the Determination of that Estate To the said Sr Harvey Elwes and John Robinson and their heirs during the Life of the said John Crowch son of the said Bromsall Crowch In trust to preserve the Contingent remainders herein after devised from being barred or defeated But to permit the said John Crowch son of the said Bromsall Crowch to take the Rents and Profitts thereof for his own use for his Life and from and after the decease of the said John Crowch
To the first and every other son and sons of the Body of the said John Crowch son of the said Bromsall Crowch to be begotten successively and in Remainder one after another as they shall be in Seniority of age and priority of Birth and the heirs Male of the Body and Bodies of such first and other son and sons lawfully Issuing severally and respectively The Eldest of such sons and the heirs Male of his Body Issuing being always to be preferred before the younger of such sons and the heirs Male of his and their Body and Bodys Issuing and in defulat of such Issue
To the second third fourth fifth and all and every other the son and sons of the Body of my said Nephew Bromsall Crowch begotten or to be begotten successively and in Remainder one after another as they shall be in Seniority of age and priority of Birth and the heirs Male of the Body and Bodys of such second and other son and sons of my said Nephew Bromsall Crowch Issuing severally and respectively The Eldest of such sons and the Heirs male of his Body Issuing being always to be preferred before the younger of such sons and the Heirs Male of his and their Body and Bodys Issuing and in default of such Issue
To my said Nephew John Crowch (Eldest son of my said Brother Pyke Crowch) for and during the term of his Natural Life without Impeachment of Wast and from and after the Determination of that Estate To the said Sir Harvey Elwes and John Robinson and their heirs during the Life of my said Nephew John Crowch In trust to preserve the Contingent Remainders herein after devised from being Barred or
Defeated But to permitt my said Nephew John Crowch (son of the said Pyke Crowch) to take the rents and profitts thereof to his own use for his Life and from and after the decease of my said Nephew John Crowch
To the first and every other son and sons of the Body of my said Nephew John Crowch begotten or to be begotten successively and in remainder one after another as they shall be in Seniority of Age and priority of Birth and the Heirs male of the Body and Bodies of such first and other son and sons lawfully Issuing severally and respectively The Eldest of such sons and the Heirs Male of his Body Issuing being always to be preferred before the younger of such sons and the heirs male of his and their Body and Bodys Issuing and in default of such Issue
To my Nephew Thomas Crowch (youngest son of my said Brother Pyke Crowch) for and during the term of his Natural Life without Impeachment of Wast and from and after the Determination of that Estate To the said Sir Harvey Elwes and John Robinson and their heirs during the Life of the same Thomas Crowch In trust to preserve the Contingent Remainders hereinafter devised from being barred or defeated But to permit the said Thomas Crowch to take the Rents and profitts thereof to his own use for his Life and from and after the Decease of the said Thomas Crowch To the first and every other son and sons of the Body of the same Thomas Crowch lawfully begotten or to be begotten successively and in remainder one after another as they shall be in seniority of age and priority of Birth and the heirs Male of the Body and Bodies of such first and other son and sons lawfully issuing severally and respectively The Eldest of such sons and the heirs
Male of his Body Issuing being always to be preferred before the younger of such sons and the heirs Males of his and their Body and Bodys Issuing and in default of such Issue
To my Godson John Tweed (Eldest son of my said Cousin Elizabeth Tweed) for and during the term of his Natural Life without Impeachment of wast and from and after the Determination of that Estate To the said Sir harvey Elwes and John Robinson and their heirs during the life of the said John Tweed In trust to preserve the Contingent remainders hereinafter devised from being barred or defeated But to permit the said John Tweed to take the rents and profitts thereof to his own use for his Life and from and after the Decease of the said John Tweed To the first and every other son and sons of the Body of the said John Tweed lawfully to be begotten successively and in remainder one after another as they shall be in Seniority of age priority of Birth and the heirs Male of the Body and Bodys of such first and other son and sons lawfully Issuing severally and respectively The Eldest of such sons and the heirs Male of his Body Issuing being always to be preferred before the younger of such sons and the heirs Male of his and their Body and Bodies Issuing and in Default of such Issue
To my own right heirs for ever provide always and upon this condition nevertheless and my Mind and Will is that the said Bromsall Crowch and all and every other person or persons in remainder who shall take any Estate for his or their own Benefit by Virtue of this my Will shall when and as he and they respectively shall come to and be in possession of my said Mannors Lands Hereditaments and premisses by Virtue of this my Will take upon him and themselves and use in all Deeds and writings the name of Pyke only for his and their Sirname and in case my said Nephew Bromsall Crowch or any other of the person or persons in remainder who shall take any Estate for his or their own Benefit by Virtue of this my Will shall refuse or willfully Neglect to take upon him or themselves or to use the Sirname of Pyke Then my will is that such person or persons so refusing or neglecting shall not from thenceforth take any Benefit by this my Will and in such case I will and direct that the next person in remainder who will comply with the Condition aforesaid shall imediately Enter and take possession of the said Mannors Lands Hereditaments and premises and have hold and Enjoy the same according to the Limitations aforesaid provided also and my Will is that each person to whom I have devised an Estate for Life by this will shall when and as they respectively shall be in the possession of the premisses or any part thereof by this my will have full power and authority to make any Demise or Lease thereof to any person or persons for any term or Number of years not Exceeding one and twenty years in possession reserving during such Lease or Leases the best and most Improved yearly Rent that can be had or gotten for the same without taking any sum of money or other thing for or by way of Fine or Income provided also and my will further is that my said Nephew Bromsall Crowch and all and every other person or persons to whom I have devised any Estate for Life by this my will when and as they respectively shall be in possession of the premisses or any part thereof by Virtue of the Limitations in this my will shall have full power and authority and I do hereby Impower him and them accordingly for and in respect of every one thousand pounds which every woman whom he and they respectively have marryed or shall marry shall have brought or shall bring as a Marriage portion to settle as and for a Joynture upon every such Woman Lands Tenements and Hereditaments of the Value of one hundred pounds per annum and so proportionably for every great or lesser sum than one thousand pounds for and during the term of every such Womans Life to Commence from and after the decease of him or them who shall so settle any such Joynture so as such Joynture do not Exceed in the whole the yearly sum of three hundred pounds for any one such woman
and I do hereby constitute and appoint my said Dear Wife Sarah Pyke Sole Extrix of this my Will to whom I give and bequeath all my Goods Chattells and personal Estate whatsoever (subject to the payment of my Just debts and Funeral Expences and to the several Legacys herein before mentioned) to and for her own use and Benefit and I do revoke all former Wills by me made and declare this to be my last Will and Testament In Witness
whereof I the said John Pyke have to this my last Will and Testament contained in six sheets of paper sett my hand and seal that is to say to the first Five sheets my hand and to this last sheet my hand and seal and also my seal to the ribbon which fixes the said sheets together on the top this thirty first day of July in the year of our Lord One thousand Seven hundred and thirty one John Pyke Signed Sealed published and declared by the said John Pyke to be his last Will and Testament in the presence of us who as witnesses of the same have in his presence and at his request subscribed our Names - Hutton Perkins Wm Perkins Law Cottam
A Codicil or writing to be part of the last will and Testament of me John Pyke of the parish of Birdbrook in the County of Essex Gentleman
Whereas since the making of my will bearing date the thirty first day of July in the year of our Lord one thousand seven hundred and thirty one John Robinson Esqr one of the Trustees in my said will named is dead
Now I do by this Codicil appoint Thomas Walford of Birdbrook in the said County of Essex Esquire to be a Trustee in the place and stead of the said John Robinson deceased and I do hereby give devise and bequeath all my Mannors Lands Tenements and Hereditaments to Sir Harvey Elwes Baronet in my said Will named and the said Thomas Walford and their heirs upon the trusts and for the purposes in my said will and in this Codicil mentioned and Expressed and not otherwise and whereas in and by my said Will I have devised all my Mannors Lands Tenemts and Hereditaments to several persons therein named successively for their respective Lives and to their respective First and other son and sons in tayle male successively with the last remainder in Fee to my own right heirs
Now I do by this Codicill revoke the devise or Limitation made in and bymy said will unto or for the benefit of my own right heirs and do hereby give devise and bequeath all my said Mannors Lands Tenements and Hereditaments from and after the Determination of the particular Estates thereof Limited and devised to my Nephews Bromsall Crowch John Crowch and Thomas Crowch and my Godson John Tween and their respective Issues Male unto Thomas Walford Nephew of the said Thomas Walford Esquire and son of Mr James Walford of the parish of Birdbrook aforesaid for and during the term of his Natural Life without Impeachment of Wast and from and after the Determination of that Estate To the said Sir Harvey Elwes and Thomas Walford the uncle and their heirs during the Life of the said Thomas Walford the Nephew. In trust to preserve the contingent Remainders hereinafter devised from being barred or defeated But to permit the said Thomas Walford the Nephew to take the Rents and profitts thereof to his own use for his Life and from and after the Decease of the said Thomas Walford the Nephew To the use of the first and every other son and sons of the Body of the said Thomas Walford the Nephew lawfully to be begotten successively and in remainder one after another as they shall be in
seniority of age and priority of Birth and the heirs male of the Body and Bodies of such first and other son and sons lawfully Issuing severally and respectively Every Elder of such sons and the heirs Male of his Body Issuing being always to be preferred before a younger of such sons and the heirs Male of his and their Body and Bodys Issuing and in Default of such Issue To James Walford another of the sons of the said Mr James Walford for and during the term of his Natural Life without Impeachment of Wast and from and after the Determination of that Estate To the
said Sir Harvey Elwes and Thomas Walford the uncle and their heirs during the Life of the said James Walford the son In trust to preserve the Contingent Remainders hereinafter devised from being debarred or defeated But to permit and Suffer the james Walford the son to take the rents and profitts thereof to his own use for his Life and from and after the Decease of the said James Walford the son
To the use of the first and every other son and sons of the Body of the said James Walford the son lawfully to be begotten successively and in remainder one after another as they shall be in seniority of age and priority of Birth and the heirs Male of the Body and Bodys of such first and other son and sons lawfully Issuing severally and respectively Every Elder of such sons and the heirs Male of his Body Issuing being always to be preferred before a younger of such sons and the heirs Male of his and their Body and Bodys Issuing and in default of such Issue To John Walford another of the sons of the said Mr James Walford the Father for and during the term of his Natural Life without Impeachment of or for any manner of wast and from and after the Determination of that Estate To the said Sir Harvey Elwes and Thomas Walford the uncle and their heirs during the Life of the said John Walford In trust to preserve the contingent Remainders hereinafter devised from being barred or defeated But to permit and suffer the said John Walford to take the rents and profitts thereof to his own use for his Life and from and after the Decease of the said John Walford
To the use of the first and every other son and sons of the Body of the said John Walford lawfully to be begotten successivelyand in remainder one after another as they shall be in seniority of age and priority of Birth and the Heirs Male of the Body and Bodys of such first and other son and sons lawfully Issuing severally and respectively Every Elder of such sons and the heirs Male of his Body Issuing being always to be preferred before a younger or such sons and the heirs Male of his and their Body and Bodies Issuing and in default of such Issue To Robert Walford another of the sons of the said Mr James Walford the Father for and during the term of his Natural Life without Impeachmt of or for any manner of Wast and from and after the Determination of that Estate to the said Sir Harvey Elwes and Thomas Walford
the uncle and their Heirs during the Life of the said Robert Walford In trust to preserve the Contingent Remainders herein after devised from being barred or defeated But to permit and suffer the said Robert Walford to take the rents and profitts thereof to his own use for his Life and from and after the decease of the said Robert Walford To the use of the first and every other son and sons of the Body of the said Robert Walford lawfully to be begotten successively and in remainder one after another as they shall be in seniority of age and priority of Birth and the heirs
Male of the Body and Bodys of such first and other son and sons Lawfully Issuing severally and respectively Every Elder of such sons and the heirs Male of his Body Issuing being always to be preferred before a younger of such sons and the heirs
Male of his and their Body and Bodys Issuing and in default of such Issue
To my own right heirs for ever provided always and upon this Condition nevertheless and my Will and mind is that the said Thomas Walford the Nephew James Walford the son John Walford and Robert Walford respectively and their respective Issue shall when and as they shall respectively come to and be in possession of my said Mannors Lands Tenemts and Hereditaments by Virtue of this my Will take upon themselves respectively and use in all Deeds and writing the Name of Pyke only for his and their Sirname and in Case the said Thomas Walford the Nephew James Walford the son John Walford and Robert Walford or any of them or any of their Issue shall refuse or Wilfully neglect to take upon themselves respectively or to use the Sirname of Pyke Then and in such case my will is that the and they so refusing or neglecting shall not from thenceforth take any benefit by this my Will and in such case
I will and direct that the next person in remainder who will Comply with the Condition aforesaid shall imediately Enter upon and take possession of the said Mannors Lands Tenements and Hereditaments and have hold and Enjoy the same according to the Limitations aforesaid provided also
and my will is that the said Thomas Walford the Nephew James Walford the son John Walford and Robert Walford respectively shall when they shall respectively be in the possession of the premisses or any part thereof by Virtue of this my will have full power and authority to make any Demise or Lease thereof to any person or persons for any term or Number of years not Exceeding twenty one years in possession reserving during such Lease or Leases the best and most improved yearly rent that can be had or gotten for the same without taking any sum of money or other thing for or by way of Fine or Income
and I do hereby revoke and make void all that part of my will which gives a power to my Nephew Bromsall Crowch to make a Joynture upon his present or any future wife It being my will that my said Nephew shall not have any power whatsoever to make any Joynture of any part of my said Estate
and I do hereby ratify and confirm my Will in all things Save what is altered by this Codicil and do declare this to be part of my last will and Testament In witness whereof I have to this Codicill or Writing contained in four sheet sof paper sett my ahnd and seal that is to say to the first three sheets my hand and to this last sheet my hand and seal and also my seal to the Ribon which fixes the said sheets together on the top this first day of August in the year of our Lord one thousand seven hundred and thirty Five
John Pyke signed sealed published and declared by the said John Pyke to be part of his last will and Testament in the presence of us who as witnesses of the same have in his presence and at his request subscribed our Names Hutton Perkins Law: Cottam Thos Heaton
A further Codicil to be taken as part of the last will and Testament of me John Pyke of the parish of Birdbrook in the County of Essex Gentleman
Whereas I am seized and possessed of several Copyhold Lands Tenements and Hereditaments of Inheritance hold of several Mannors in the Countys of Essex Cambridge and Suffolk some or one of them which I have surrendred or do intend to surrender to the use of my will and which my will and mind is shall go along with my Freehold Mannors Messuages Lands Tenements and Hereditaments in my will mentioned Now I do hereby give and devise all and every my Copyhold Messuages Lands Tenements and Hereditaments whatsoever and wheresoever to for upon and subject to the several uses Trusts powers provisos and Limitations in and by my said will and former Codicil Limited Expressed Created and declared of and concerning my
Freehold Mannors Messuages Lands Tenements and Hereditaments thereby respectively given and devised or so many of them as are now Existing undetermined or capable of taking Effect
and I give and bequeath to my Cousin Mrs Ann Crowch Daughter of Mr Charles Crowch of Stratford in the County of Suffolke the sum of one hundred pounds to be paid by my Executrix within one year after my decease
and I do hereby ratify and confirm my said will and former Codicill in all other respects and declare this to be part of my last will and Testament In witness whereof I have to this Codicil set my hand and seal this twenty Eighth day of July one thousand seven hundred and thirty seven John Pyke signed sealed published and declared by the said John Pyke to be part of his last will and Testament in the presence of us who as witnesses of the same have in his presence and at his request subscribed our names Hutton Perkins Law: Cottam Thos Heaton
This Will was proved at London with two Codicills annexed the sixteenth day of December in the year of our Lord one thousand seven hundred and thirty eight before the W??full Robert Chapman Doctor of Laws Master Keeper or Commissary
the Right Bettesworth of the Prerogative Court of Canterbury lawfully constituted
By the Oath of Sarah Pyke widow the Relict and Sole Executrix in the said will named to whom administration was granted of all and singular the Goods Chattells and Creditts of the said deceased She being first sworn duly to administer
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