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Will of William SHILLINGFORD of Bicester

Will 21 Jul 1845   Codicil 30 Jul 1846   Probate 19 Jan 1847 & 29 Nov 1868

Source: TNA no. PROB11/2049
Contributed by: Ann Thurley Go to Translation Go to Transcript
Summary.
... me William Shillingford of Bicester Kings End ... yeoman ...

NameRelationship[Comments] or Major Bequests
William SHILLINGFORD Bicester
Elizabeth Bush SHILLINGFORDWife (Exec)
William SHILLINGFORDSon Trustee (Exec)
Richard SHILLINGFORDSon Trustee (Exec)
John SHILLINGFORDSon
Eleanor SHILLINGFORDDaughter
Charlotte SHILLINGFORDDaughter
Elizabeth HADLANDDaughter
Joseph HADLANDSon-in-law
Maria JONESDaughter
William JONESSon-in-law
Thomas SHILLINGFORDSon
Mary Ann FAIRBROTHERDaughterDeceased
William FAIRBROTHERSon-in-law
Lucy FAIRBROTHERGranddaughter[d Mary Ann & William - under 21]
Thomas Lewis COFORDLandlord
William PHILLIPSWitness to will
James PHILLIPSWitness to willBicester
George KIRBYWitness to codicilBicester solicitor
Francis AYRESWitness to codicil
 
Probate 19 Jan 1847 London (with a codicil) ... Richard Shillingford the son one of the Executors ... power reserved to Elizabeth Bush Shillingford widow the relict and William Shillingford the son the other Executors ...

Probate 29 Nov 1868 London (with a codicil) ... William Shillingford the son the surviving Executor ...
Transcriber's and Editor's Notes
Pages of complicated stuff about granddaughter Lucy, then in a codicil he cancels it all and makes a much simpler arrangement :-)
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... me William Shillingford of Bicester Kings End ... yeoman ...
  • I appoint my dear wife Elizabeth Bush Shillingford and my sons William and Richard Shillingford Executrix and Executors.
  • I give my wife £100 immediately upon my decease, also my wearing apparel and all my wines, liquors, beer and other consumables for her own use.
  • I give all my freehold and leasehold lands, tenements etc, also any which I may later purchase or have agreed to purchase, with their rights, members etc, to my sons William and Richard and their heirs etc according to their nature and tenure, Upon Trust to sell [all of it], paying their expenses out of the proceeds.
  • [Usual protection for purchasers]
  • I give all my ready money, securities for money, corn, grain, hay, live and dead farming stock, farming implements, book and other debts, household goods, furniture, plate, linen, china, glass, dairy and brewing utensils and all my other personal estate and effects to my sons William and Richard and their executors etc.
    As soon as possible after my decease they are have an inventory and valuation made of all my residuary personal estate, and permit my wife to have the use of all my household goods, furniture, plate, linen, china, glass and dairy and brewing utensils for life.
    • If my wife wishes to carry on my farming business on her own account, and my landlord Thomas Lewis Cofer? Esq will accept her as his tenant, she is to have the option of taking all or part of my corn, grain, hay, live and dead farming stock and farming implements, either at a normal valuation or in any other way agreed on between her and my trustees (sons, remember).
      My trustees are then to accept from her proper security for £1200, part of the value of those effects, to be paid when she relinquishes the farm or dies, but without interest in the meantime, and are to receive from her the remainder of such valuation (or take such security as they think proper), payable at such interest rate and at such times as may be agreed on between her and them.
    • If my wife takes my farming business and afterwards relinquishes it, then as soon as she pays my trustees the £1200, OR if she decides not to take the farm, then upon my decease, my trustees shall either purchase a £60 life annuity in her name, or set apart enough of my trust property to produce £60 pa out of the rents etc, and pay the annuity or £60 of rents to my wife in half-yearly payments for life, starting six months after my decease (if she decides not to take the farming business) or six months after she pays the £1200 (if she takes and later relinquishes the farm).
  • My sons William and Richard are to call in all money due to me, liquidate the trust property given to them above, and hold the proceeds plus the rents etc until the properties are sold, also my ready money and the money arising from the residue of my personal estate, Upon Trust as follows:
    • To pay my debts, funeral and testamentary expenses.
    • To pay my son John £300 in full compensation for all the services which he has rendered me and may hereafter render me in my farming business, unless in my lifetime I compensate him wholly or partly.
      If I have only partially compensated him, to pay him enough to make up £300.
    • To set aside £500 for the benefit of my daughters Eleanor and Charlotte as described below.
    • To divide the surplus equally among all my children, that is William and Richard themselves, Elizabeth the wife of Joseph Hadland, John, Eleanor, Charlotte, Maria the wife of William Jones, Thomas and my granddaughter Lucy, the only surviving child of my late daughter Mary Ann and her husband William Fairbrother.
      The interests of my children in their shares of my property are to become vested on my decease, and if any of them die in my lifetime leaving issue living at my decease, such issue shall be entitled to their parent's share.
      The interest of my grandchild Lucy is to become vested when she reaches age 21 or marries with the consent of her father.
      If she dies under 21 without having been married with consent, her share sinks into the residue of my estate (subject as below).
      My trustees are to apply the income of her expectant share towards her maintenance and education, or otherwise for her benefit, or to pay all or part of it to William Fairbrother for her benefit during her minority or until she marries.
    • My sons William and Richard may permit all or any part of the principal money owed to me by William Fairbrother at my decease to remain on the securities which I hold for it until Lucy reaches 21 or marries with consent, and when she reaches that age or so marries they are to require payment of that principal money and pay it when received to Lucy, it being my intention that whatever is owed to me by William Fairbrother is to be held at the risk of his daughter as part of her share of the residue of my property.
      If Lucy dies under 21 without having married with consent, the option of permitting any principal money due to me to remain on William Fairbrother's security is to extend to the whole sum owing by him until Lucy reaches 21 or marries. [???]
      But notwithstanding the option of permitting any of the principal money to remain on security, my trustees may call in all or any of such principal or require any other or additional security for it.
      If all or part of the principal money is paid in, it is to be held as part of the residue of my estate.
      If Lucy dies under 21 without having married with consent, and her father survives her, then I give him for life the interest of all such principal money (not exceeding one ninth part of the residue of my property) which he may owe to my Estate at the time of her decease.
    • William and Richard are to invest the above £500 directed to be set apart for the benefit of my daughters Eleanor and Charlotte, and:
      • Pay the interest etc equally between Eleanor and Charlotte so long as they remain unmarried.
      • As and when they respectively marry or die, half of the £500 (or of the stocks purchased with it) shall fall into the general residue of my estate.
  • On the decease of my wife, my household goods, furniture, plate, linen, china, glass and dairy and brewing utensils are to be sold by my trustees and the proceeds divided among my children and grandchild (subject as above) as if it had been divided upon my decease.
  • [Usual protection for trustees]
  • I revoke all former wills.

  • Witnesses Wm Phillips Jas Phillips Bicester
=============================
Codicil 30 Jul 1846
  • I revoke all such parts of my will as relate to my granddaughter Lucy Fairbrother.
  • I give my sons William Shillingford and Richard Shillingford £200 Upon Trust:
    • To lend it to William Fairbrother late of Banbury, draper, interest free for life or for a shorter period as they think fit; or invest it and pay the interest to him for life.
    • If William Fairbrother becomes insolvent or a bankrupt the interest is to be paid to my granddaughter.
    • After the decease of William Fairbrother I give the principal £200 (or such sums as are then in the hands of my trustees) to Lucy Fairbrother if she survives her father, for her separate use free from the debts etc of any husband, and her receipts shall be a sufficient discharge notwithstanding her coverture.
    • If she does not survive her father, the principal £200 on the decease of William Fairbrother is to revert to my own family and become part of my residuary personal estate, to be divided equally between them.
  • Witnesses Geo Kirby sol'r Bicester Francis Ayres farm servant of the Testator
Probate 19 Jan 1847 London (with a codicil) ... Richard Shillingford the son one of the Executors ... power reserved to Elizabeth Bush Shillingford widow the relict and William Shillingford the son the other Executors ...

Probate 29 Nov 1868 London (with a codicil) ... William Shillingford the son the surviving Executor ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
This is the last Will and Testament
of me William Shillingford of Bicester Kings End in the County of Oxford
Yeoman I appoint my dear Wife Elizabeth Bush Shillingford and
my sons William Shillingford and Richard Shillingford Executrix
and Executors of this my Will I give to my said Wife the sum of
one hundred pounds sterling immediately upon my decease also
my wearing apparel and all my Wines Liquors Beer and other
articles of consumption for her own use absolutely Also I give
devise and bequeath all the freehold and leasehold lands tenements
and hereditaments of which I am seized or possessed and also any
other which I may hereafter purchase or acquire or which I may
at the time of my decease have agreed to purchase with the rights
members and appurtenances to the same respectively belonging
unto and to the use of my said sons William and Richard their
heirs executors and administrators according to the nature and tenure
of the same respectively upon trust that they my said sons or the
survivor of them or the heirs executors or administrators of such
survivor do and shall as soon as conveniently may be after my
decease either by public auction or private contract and either
together or in such lots or parcels as they or he may think proper
absolutely sell and dispose of all my said freehold and leasehold lands
tenements and hereditaments for such price or prices and subject to
such conditions and stipulations as to them or him shall seem
proper and expedient and do and shall convey and assign the same
premises respectively unto the purchaser or respective purchasers
thereof his her or their heirs executors administrators and assigns
with full power or authority for my said trustees or trustee to buy
in all or any of the premises at any auction or auctions or to rescind
any contract for sale and afterwards to sell in manner aforesaid the
premises which may be so bought in or the sale of which shall be
rescinded without being responsible for any loss costs or expences
which may be occasioned by such postponed sale And I direct that
my said Trustees or Trustee shall and do by and out of the monies
arising from any such sale or sales pay all costs charges and expences
attending or incident to such sale or sales and carrying the same
into execution And I declare that the receipt or receipts of my said
Trustees or the survivor of them or the heirs executors or adminis
trators of such survivor shall be a sufficient discharge or suffi
cient discharges for the moneys to arise from the sale of all or any
part of my said freehold and leasehold estates and for the rents
and profits thereof until the same shall be sold and for all other
moneys which shall come to their or his hands under this my
Will or for so much thereof respectively as in such receipt or

receipts shall be expressed to be received and that the persons or per
sons paying the same respectively and taking such receipt or receipts
shall not be liable to see to the application nor be answerable or
accountable for the loss misapplication or nonapplication thereof or
any part thereof and all my ready money securities for money corn
grain hay live and dead farming stock farming implements book
and other debts household goods furniture plate linen china glass
dairy and brewing utensils and all other my Personal Estate and
Effects whatsoever and wheresoever (not hereinbefore disposed of) I
give and bequeath to my said sons William and Richard their
executors and administrators and I direct that they or he shall as
soon as conveniently may be after my decease cause an Inventory
and valuation to be made of all my said residuary personal estate
and permit my said Wife during her life to have the use and
enjoyment of all my said household goods furniture plate linen china
glass dairy and brewing utensils and in case my said Wife shall be
desirous to carry on the business of my ffarm on her own account
and my Landlord Thomas Lewis Cofer? Esquire will accept her as
his Tenant then I direct that my said Wife shall have the option
of taking to all or any part of my corn grain hay live and dead
farming stock and farming implements either at a valuation to be
made thereof in the usual manner or in any other manner that
may be agreed on by my said Wife on the one part and my trus
tees or Trustee on the other part and I further direct that my said
Trustees or Trustee shall accept from my said Wife such security
as they or he may think proper for one thousand two hundred
pounds in part of the value of the Effects that she may take to as
aforesaid to be paid when she may relinquish the said ffarm or
upon her decease whichever event may first happen but without
any interest in the meantime and that my said Trustees or Trustee
shall receive of my said Wife the remainder of such valuation
or take from her such security for the same as they or he may
think proper and to be payable with such rate of interest & at such
time or times as may be agreed on between her and them and
it is further my Will that should my said Wife take to my farm
ing business and afterwards relinquish the same that as soon as
she shall pay to my said Trustees or Trustee the said sum of
one thousand two hundred pounds or should she determine not
to take to the s'd ffarm that my said trustees or trustee shall upon
my decease either purchase in the name of my said Wife in the
Government ffunds or otherwise as my said Wife and Trustees or
Trustee may approve an annuity of sixty pounds for her life or
appropriate and set apart so much of my trust property as will
produce the annual sum of sixty pounds by the rents interest or
dividends thereof and pay such annuity or annual sum to my
said Wife during her natural life by half yearly payments the
first of such payments to be made at the expiration of six months
next after my decease in case my said Wife shall determine not
to take to my farming Business and in case she shall take to and
afterwards relinquish the same then at the expiration of six
months next after she shall pay the said sum of one thousand
two hundred pounds and it is my Will and I do hereby direct that
my said sons William and Richard shall (subject as hereinafter
mentioned) call in all moneys that may be due to me at the
time of my decease and convert the whole of my last mentioned
trust property into money and that they shall stand possessed of
the moneys to arise from the sale of my aforesaid freehold and

leasehold lands tenements and hereditaments and the rents and
profits thereof until the same shall be sold and also of my ready
money and the moneys to arise from the general residue of my
personal Estate Upon trust to pay my just debts funeral and tes
tamentary expences and also to pay to my son John the sum of
three hundred pounds as a full compensation for all the services
which he has rendered me and which he may hereafter render
me in my farming Business or otherwise unless I shall in my
lifetime compensate my said son John for such services either
wholly or in part and in case I shall only partially compensate
him then to pay him so much money as with any such partial
satisfaction will make up the said sum of three hundred pounds
and then upon trust to set apart the sum of ffive hundred
pounds for the benefit in manner hereinafter mentioned of my
daughters Eleanor and Charlotte and to divide the surplus equally
among all my children namely the said William and Richard
Elizabeth the wife of Joseph Hadland the said John Eleanor and
Charlotte Maria the wife of William Jones and Thomas and
my Grand daughter Lucy the only surviving child of my late
Daughter Mary Ann and her husband William ffairbrother and
it is my Will that the interests of my said Children in their
respective shares of my property shall become vested on my
decease and that in case any of them shall die in my lifetime
leaving issue living at my decease such issue shall be entitled
to the share which his her or their Parent or Parents would
have taken if living and it is also my Will that the interest of
my said Grandchild shall become vested when she shall attain
the age of twenty one years or marry with the written consent
or subsequent approval of her ffather but that if she should die
under that age and without having been married with such con
sent her share shall sink into the general residue of my Estate
(subject as hereinafter mentioned) and it is also my Will that my
trustees or trustee shall during the minority of my said Grand
child apply the income of her expectant share of my property
towards her maintenance and education or otherwise for her
use and benefit or pay such annual income or any part there
of to the said William ffairbrother for the benefit of his said
Daughter during her minority or till she may marry as
aforesaid and I further direct that my said sons William and
Richard may suffer all or any part of the principal money
which may be due to me at the time of my decease from the
said William ffairbrother to remain on the security or securities
which I may hold for the same until his said Daughter shall
attain the age of twenty one years or marry as aforesaid and
that when such Daughter shall attain that age or do so marry
my said Trustees or trustee shall require payment of the said
principal money and pay the same when received to such
daughter it being my Will that whatever money of mine may
be held by the said William ffairbrother shall be held at the
risk of his said Daughter as part of her share of the residue of
my property and it is further my Will that in case my said
Grand daughter shall die under the age of twenty one years
and without having married as aforesaid the option given to
my trustees or trustee of permitting any principal money due
to me to remain on the security of the said William ffairbrother
shall extend to the whole sum owing by him until my said
Grand daughter shall attain the age of twenty one years or

marry as aforesaid But it is my express will and desire that notwith
standing the option hereby given to my said Trustees or Trustee of
permitting any of the principal moneys due to me from the said
William ffairbrother to remain on security my said Trustees or
Trustee may call in such Principal money or any part thereof or
require and accept any other or additional security which they may
approve for the same and in the event of all or any part of the
principal money being paid in then I direct that such principal
money shall be held as part of the residue of my Estate and it is
further my Will that in case my said Grand daughter shall die
under the age of twenty one years and without having married
as aforesaid and her said ffather shall survive her then I give
to him for his life the interest of all such principal moneys (not
exceeding one ninth part of the residue of my property) which he
may owe to my Estate at the time of the decease of his said Daugh
ter And I direct that my said sons William and Richard shall
place out at interest or invest on Government or such other security
as they or the survivor of them shall approve the said sum of five
hundred pounds hereinbefore directed to be set apart for the benefit
of my said Daughters Eleanor and Charlotte and pay the interest
or dividends arising therefrom equally between them so long as
they respectively remain unmarried and that when and as they
respectively marry or die one half of the said sum of ffive hundred
pounds or of the stocks or funds purchased therewith shall become
part of the general residue of my Estate And it is my Will that
on the decease of my said Wife my household goods furniture
plate linen china glass dairy and brewing utensils shall be sold
by my said Trustees or Trustee and the produce thereof divided
among my said Children and Grandchild (subject as to the share
of my Grandchild to the contingency of her dying under the age of
twenty one years & without marrying as aforesaid) as if the same
had been divided upon my decease And it is my Will that my
said Trustees shall not be answerable for the acts of each other
and that they shall be reimbursed their expences out of my trust
property and not be answerable for involuntary losses and I here
by revoke all former Wills by me at any time heretofore made
and declare this only to be my last Will and Testament In Witness
whereof I the said William Shillingford have to this my last Will
and Testament contained and written on six sheets of paper set
my hand at the bottom of each of the five preceding sheets and
also at the foot or end of this sixth and last sheet this 21'st day
of July in the year of our Lord one thousand eight hundred and
forty five. William Shillingford The above written last Will and
Testament of the Testator William Shillingford was signed by him
at the bottom of the five preceding sheets and also at the foot or
end hereof in the presence of us (both being present at the same
time) who in his presence and at his request have hereunto
subscribed our names as Witnesses Wm Phillips____
Jas Phillips Bicester
=====================================
This is a Codicil of the last Will and Testament
of me William Shillingford I hereby revoke all such part and
parcel of my said Will as relates to my Grand daughter Lucy
ffairbrother I give and bequeath unto my sons William Shilling
ford and Richard Shillingford the sum of two hundred pounds
Upon trust to lend the same unto William ffairbrother late of
Banbury aforesaid Draper for his life (or invest the same on

Government or other securities) or for a shorter period as to my
said trustees may think fit without receiving any interest or pay
the interest arising from such a sum if invested at their discretion
unto the said William ffairbrother for his life But in case the said
William ffairbrother should become Insolvent or a Bankrupt then
I will and direct that the interest of the said sum of Two hundred
pounds should be paid over to my said Grand daughter and after
the decease of the said William ffairbrother I give and bequeath
the said principal sum of two hundred pounds or such sum or
sums of money as may then be in the hands of my said trustees
unto my Grandaughter Lucy ffairbrother if she should survive
her said ffather for her sole and separate use and free from the
debts control or engagements of any future husband and her
receipts for the same shall be a sufficient discharge for the same
notwithstanding her coverture and in case she should not survive
her said ffather then my Will is that the said principal sum of
two hundred pounds should on the decease of the said William
ffairbrother revert to my own family and become part and parcel
of my residuary personal estate and be divided equally between
them share and share alike Dated this thirtieth day of July one
thousand eight hundred and forty six W Shillingford O Signed
sealed published and declared by the said Testator as and for a
Codicil to his last Will and Testament in the presence of us who in
his presence at his request and in the presence of each other have
hereunto subscribed our names as Witnesses Geo Kirby Sol'r Bicester
Francis Ayres Farm Servant of the said Testator
========================================
Proved at London (with a Codicil) 19th Jan'y 1847 before the
Worshipful John Elliott Pasley Robertson Doctor of Laws and
Surrogate by the oath of Richard Shillingford the son one of the
Executors to whom admon was granted having been first sworn
duly to administer Power reserved of making the like Grant to
Elizabeth Bush Shillingford Widow the Relict and William
Shillingford the son also the other Executors when they shall apply
for the same

[Marginal addition in a different hand]
Proved at London with a
Codicil 29th Nov'r 1868
by the Oath of William
Shillingford the Son the
surviving Executor to whom
Admon was granted