Will of William SHILLINGFORD of Bicester
Will 21 Jul 1845 Codicil 30 Jul 1846 Probate 19 Jan 1847 & 29 Nov 1868 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Summary. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
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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 ...
Codicil 30 Jul 1846
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 |