Nat Gould

Will Of Michael Peake 1709-1770

Will of Michael Peake 1766

In the Name of God Amen
I Michael Peake of Saint Thomas in the County of Stafford Gentleman being in a Bad State of Health but of Sound and Disposing Mind Memory and understanding (Praise to be God for it) Do make Ordain and Publish this my last Will and Testament in manner and form following (that is to say) First and Principally I Commend my Soul into the Hands of it's Creator and my Body I Commit to the Earth to be Decently Interred at the Discretion of my Executors hereinafter named And as for the that Worldly Estate wherewith it hath pleased God to bless me I Give Devise Bequeath and Dispose thereof as followeth And First I Will and Direct that all my Just Debts Legacies and Funeral Expenses and Charges of Proving this my Will be first paid and Discharged Also I Give and bequeath to my loving Wife Sarah Peake the Bed Bedsteads Hangings and Appurtenances thereunto belonging and all other the Furniture which are in the Room wherein I now lie Also I Give Devise and Bequeath to my Two Sons Samuel Peake and William Peake All my Freehold and Leasehold Messuages Farms Lands Tenements Hereditaments and Premises whatsoever and wheresoever Situate lying and being with all Appurtenances thereunto belonging used or in any wise Appertaining and the Reversion and Reversions Remainder and remainders Rents Issues and Profits thereof together also with all and Singular my Household Goods and Furniture Brass Pewter Linnen Plate Beds and Bedding Ready Moneys and Money due upon Securities Book Debts Horses Cows Calves Pigs Corn Hay Straw Waggons Carts and all other Implements of Husbandry and all other my Personnel Estate whatsoever and of what Kind Nature and Quality soever the same be (Save and Except the Bed and Furniture which are in the Room wherein I now lie and which I have herein before Bequeathed to my Wife) To Hold unto my Said Two Sons Samuel Peake and William Peake their Heirs Executors Administrators and Assigns for ever to take as Tenants in Common and not as Joint Tenants Subject Nevertheless to and chargeable with the Payment of the Annuity and Legacys hereinafter mentioned (that is to say) I Give Devise and bequeath to my said loving Wife Sarah Peake and her Assigns During the Term of her Natural life One Annuity or Yearly Sum of Thirty pounds (including what was Settled on her before Marriage with me) Clear of all Deductions to be paid her by four Quarterly Payments in each year during the Term of her Natural life as aforesaid (that is to say) on the Twenty fifth Day of March the Twenty fourth day of June the Twenty ninth Day of September and the Twenty fifth day of December the first of the said Payments to begin and be made upon such of the said Days as Shall next happen after my Decease to and for her own use and Benefit in Lieu and full Satisfaction of all Dower or Thirds or Claim of Dower Thirds into or out of all every or any of my Real and Personal Estates of what kind or nature soever Also I Give and bequeath to my three Daughters Sarah Peake Margaret Peake and Ellen Peake the Sum of Six hundred pounds a piece of Good and lawful Money of Great Britain Also I Give and Bequeath unto my Son Michael Peake the Sum of One thousand pounds of like lawful Money of Great Britain And I Appoint that all the aforesaid Legacies be paid within Twelve Months next after my Decease or in Case any of my aforesaid Legatees shall not be of Age at the time of my Decease Then I Order and Direct that their Several Legacies Shall be paid to them Severally and respectively as they shall attain their Several and respective Ages of Twenty one years and not before by and out of my Real and Personal Estates aforesaid and I do hereby Charge and make Chargeable all my aforesaid Freehold Leasehold and Personal Estates with the payment of the aforesaid Annuity and Legacys accordingly And my Mind and Will is that such of my Children as shall not be of Age at the time of my Death shall be allowed Interest for their Several and respective Legacies after the Rate of Four pounds for One hundred pounds for a Year until such Times as their Legacies Shall Severally and respectively become due and payable as aforesaid And in Case any or either of my said Daughters the said Sarah Margaret and Ellen Peake shall happen to Depart this life before her or their Legacy or Legacies Shall become due and payable as aforesaid then my Mind and Will is that the Legacy or Legacies of her or them so Dying shall go to the Survivors or Survivor of them my said three Daughters Share and Share alike And also in Case my said Son Michael Peake Shall happen to depart this life before his Legacy Shall become due and Payable as aforesaid then my Mind and Will is that the same Shall go and be Divided betwixt my two Sons Samuel Peake and William Peake Share and Share alike And further it is my Will and Intent that in Case my Two Sons Samuel Peake and William Peake cannot Agree to live together Then I Order and Direct that my Farm shall be Divided between them And that all Lands that be on this side a certain Poole called Ringstone Poole and one Piece of Land which lies on the other side of the said Poole called Ringstone Poole and commonly called or known by the Name of the Stafford Meadow Shall be Deemed One Farm and called the Saint Thomas Farm and that all the Lands that lie between Ringstone Poole aforesaid and Stafford (Except the aforesaid Piece called Stafford Meadow) shall be Deemed and taken for the other Farm and called the Lamberscoates and Ringstone Hill Farm and that my said Son Samuel Peake Shall have the First Choice of my said Farms and that my Son William Shall have the other Farm And Lastly I do hereby Nominate Constitute and Appoint my Said Wife the Said Sarah Peake my said Son Samuel Peake and the Reverend William Corne of Tixall in the Said County of Stafford Clerk my Executrix and Executors and the Executors of this is my last Will and Testament hereby revoking all other Wills by me at any time heretofore made In Witness whereof I the said Michael Peake have to this is my last Will and Testament set my hand and Seal this Twentieth Day of November In the year of our Lord One thousand Seven hundred and Sixty Six Michael Peake Signed Sealed Published and Declared by the said Testator Michael Peake as and for his last Will and Testament in the Presence of us who have at the request and in the Sight of the said Testator Severally Subscribed our names as Witnesses hereto Mary Peake - the Marke of Sarah Glover - Frans Brookes.

This Will was proved at London the fifth Day of September in the year of our Lord One thousand Seven hundred and Seventy before the Right Worshipful George Hay Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully Constituted by the Oath of Samuel Peake one of the Executors named in the Said Will to whom Administration was Granted of all and Singular the Goods Chattels and Credits of the Deceased he having been first Sworn by Commission duly to Administer (Power reserved of making the like Grant to Sarah Peake Widow the Relict of the said deceased and the Reverend William Corne Clerk the other Executors when they or they [either?] of them shall apply for the same). Exd.