Will of Solomon Grosvenor Shakespeare

This is the last Will and Testament of me Solomon
Grosvenor Shakespear of Hampton in Arden in the County
of Warwick Gentleman I nominate and appoint my son William
Grosvenor Shakespear and John Webb of the City of Coventry solicitors
Clerk Executors and my Wife Mary Shakespear Executrix of this
my Will I give and bequeath to my said Wife during the term of
her natural life one annuity or clear yearly rent charge or sum of
Ninety pounds to be issuing and payable out of and I charge the
same upon my Capital messuage or tenement known by the name
of Birchley Hall and the outbuildings Yards Gardens Orchards
Closes pieces or parcels of land or Ground Allotments of Land
Hereditaments and premises thereunto adjoining and belonging
including also the Allotment of Land purchased by my late
Father of the Commissioner under the Allesley Inclosure Act and
devised to me by the last Will and Testament of my late Sister
Mary Shakespear deceased And also my Coppice Wood Spring or
Wood Ground containing fifteen acres one rood and twenty three
perches known by the name of Elkins Wood with the appurtenances
which said Capital messuage Lands Wood Ground hereditaments
and premises are situate lying and being in the several parishes
of Fillongley Allesley and Meriden in the said County of
Warwick and are now in the tenures or occupations of Thomas
Barker and myself And I direct that the said annuity or
yearly rent charge shall be paid to my said Wife by four
equal quarterly payments on the twenty fifth day of March
the twenty fourth day of June the twenty ninth day of September
and the twenty first day of December in each year the first
payment to be made on such of the said days as shall
first happen next after my decease Also I give and bequeath
to my son Thomas Shakespear if he shall be living at the
decease of my said Wife during the remainder of his life
one annuity or clear yearly rent charge or sum of twenty pounds
to be issuing and payable out of And I charge the same
upon my said Capital messuage Lands Wood Ground hereditaments
and premises and direct that the same shall be paid to
him by two equal half yearly payments on the twenty fifth
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day of March and the twenty ninth day of September in
each year the first payment to be made on such of these days
as shall first happen next after the decease of my said Wife and
Subject to the said annuities or such of them as for the time
being shall be payable I give and devise my said Capital
messuage Lands Wood ground hereditaments and premises with
the appurtenances unto the said William Grosvenor Shakespear
and John Webb and their heirs during the natural life of my
daughter Jane Shakespear Upon trust to let and set the same
and receive the rents and profits thereof and pay the said rents
and profits (but not by way of anticipation) to my said daughter
during the term of her natural life or otherwise authorise
and permit and suffer my said daughter to receive such
rents and profits for her sole and separate use and benefit
independent and free from the Control of any husband and
her receipts alone shall be good discharges for the same and
from and after the decease of my said daughter I give
and devise my said Capital messuage Lands Wood Ground
hereditaments and premises with the appurtenances unto and
to the use of the Child if only one wholly or to all the
Children if more than one equally of my said daughter
Jane Shakespear his her or their heirs and assigns for ever
and if more than one to take as tenants in common and
not as joint tenants But in case my said daughter Jane
shall depart this life without bearing any such Child or
Children surviving her I give and devise my said Capital
messuage Lands Wood Ground hereditaments and premises with
the appurtenances unto and to the use of such person or
persons for such Estate or Estates Interest or Interests as my
said daughter shall in and by her last Will and testament
or by any Codicil thereto to be duly signed and attested direct limit
or appoint give or devise and for want of any such direction
limitation or appointment gift or devise I give and devise my
said Capital messuage Lands Woods Grounds hereditaments
and premises with the appurtenances unto and to the use
of my said Son William Grosvenor Shakespear his heirs and
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assigns for ever I give and devise my messuage or tenement
outbuildings Yards Gardens Orchards Closes pieces or parcels
of land of Ground hereditaments and premises thereunto adjoining and belonging
known as Rowes Farm situate lying and being in the Parish
of Fillongley aforesaid now in the occupation of Charles Camwell
unto and to the use of my Son Thomas Shakespear and
his assigns for and during the term of his natural life and
from and after his decease I give and devise the said last
mentioned messuage or tenement outbuildings yards Gardens
Orchards Closes pieces or parcels of Land or Ground hereditaments
and premises unto the Widow of my said Son otherwise if
he shall leave one for and during the term of her natural
life and from and after the decease of my said Son Thomas
or of his Widow as the Case may be I give and devise the
said last mentioned messuage or tenements outbuildings
Yards Gardens Orchards Closes pieces or parcels of Land or Ground
hereditaments and premises unto and to the use of the Child
if only one wholly or to all the Children if more than one
Equally of my said Son Thomas his her or their heirs and
assigns for ever and if more than one to take as tenants
in common and not as joint tenants But in case my said
Son Thomas shall depart this life without leaving any Children
or a child surviving him I give and devise my said last
mentioned messuage or tenement outbuildings yards Gardens
Orchards Closes pieces or parcels of land or Ground hereditaments
and premises unto my said Son William Grosvenor Shakespear
his heirs and assigns for ever I give and devise my messuage
or tenement outbuildings yards Gardens Orchards Closes pieces
or parcels of land or Ground hereditaments and premises
thereunto adjoining and belonging known as Tippers Farm
situate lying and being in the Parish of Fillongley aforesaid
now in the occupation of Willian Taylor unto and to the
use of my said Son William Grosvenor Shakespear his heirs
and assigns for ever I give and devise my Copyhold Closes
pieces or parcels of land or Ground hereditaments and premises
with the appurtenances situate lying and being in the Manor
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and Hamlet of Balsal in the Parish of Hampton in Arden
in the said County of Warwick now in the occupation of
Isaac Watson which I purchased under a decree of the Court
of Chancery made in a cause of "Woodcock against Couchman"
unto and to the use of my said son Willaim Grosvenor
Shakespear and the said John Webb their heirs and assigns
Upon trust that they or the survivor of them or his heirs or
assigns do and shall as soon as conveniently may be after
my decease sell and dispose of the said Closes pieces or parcels
of land or Ground hereditaments and premises together or in
parcels by public Auction or private Contract and Surrender
or assure the sums to the purchaser or purchasers thereof
and receive the money to arise by Sale thereof and therewith
in the first place pay and discharge all expenses attendant
upon such Sale or Sales in the next place to pay to William
Smith of the Parish of Lea Marston in the said County of
Warwick the sum of Seven hundred pounds which I borrowed
of him upon Bond and deposit of the Title Deeds
relating to the Allotment of land hereinbefore mentioned to have
been devised to me by my said Sister for the purpose of
establishing my Sons in business in Hampton in Arden
aforesaid and all interest for the same and to pay the
residue to my said Sons in equal proportions And I
declare that the receipt or receipts to be given by the
said William Grosvenor Shakespear and John Webb or the
survivor of them his heirs and assigns for the purchase money
or monies for which my said Closes pieces or parcels of
Land or Ground hereditaments and premises shall be sold
shall be a sufficient discharge to the purchaser or purchasers
thereof and who shall not be bound to see to the application
of such purchase money or monies accountable for the same
or any part thereof Provided always that if it shall happen
that the money to arise from the Sale of my said Copyhold
Closes pieces or parcels of land or Ground hereditaments and
premises shall not be sufficient to pay the Costs of Sale and
the said sum of seven hundred pounds and interest I charge
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the deficiency upon the rents to arise from the hereditaments
and premises devised to my said Sons respectively until they shall
realise such deficiency but I direct that such deficiency shall be
borne by my said Sons in equal proportions I give and bequeath
to the said John Webb the sum of Nineteen pounds Nineteen
shillings as a compensation for the trouble he will have as a
trustee and Executor of my Will And I give and bequeath all
my household Goods and furniture plate linen China Housekeeping
Stores and provisions and my wearing apparel unto my said
Wife for her own absolute use and benefit And I give and bequeath
all the residue and remainder of my personal estate and effects
whatsoever and wheresoever unto my said Wife and daughter
and my said Sons in equal shares and proportions And if it
shall happen that the annuities herein before bequeathed to my
said Wife and my said Son Thomas or either of them shall
be in arrear for the space of twenty eight days after any
day on which they ought to be respectively paid I give to my
said Wife and Son full power and authority to recover the said
annuities or such of them as may be in arrear in such
and the same manner and with such remedies as are
given to Landlords for recovery of rent under a Lease or on
common demise And I declare that the provision hereby by
me made for my said Wife shall be accepted by her in lieu
and satisfaction of all dower or thirds to which she has or
may become entitled in any freehold or Copyhold lands tenements
or hereditaments of which I have been now are or may
hereafter become seized I give and devise all real Estates
vested in me as Mortgagee or Trustee to the said
William Grosvenor Shakespear and John Webb their heirs
and assigns subject to the trusts and equities affecting
the same respectively And I do hereby declare that the
receipt or receipts of the Executors and Executrix and the
Trustees appointed by this my Will and of the Trustee
or Trustees for the time being of my Will for any sum
or sums of money payable to them her or him by
virtue of the trusts thereof shall be a sufficient and
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effectual discharge for the same respectively or so much
thereof respectively as in such receipt or receipts shall be
expressed or acknowledged to be received And that the person
or persons to whom the same shall be given his her or
their heirs Executors administrators or assigns shall not
afterwards be answerable or accountable for any losses or
misapplication or nonapplication thereof Provided always and
I do hereby declare that if the Trustees appointed by this
my Will or to be appointed under the present provision or either
of them shall die or be desirous of being discharged from
or refuse or decline or be incapable to act in the trusts
hereby in them reposed before the same shall be fully executed
then and in every such Case it shall and may be lawful
for the surviving or continuing Trustee or the executors or
administrators of such surviving trustee by any deed or deeds
to be by them or him or her duly executed from time to
time to nominate and appoint any fit person or persons to be
a Trustee or Trustees in the room or place of the Trustee or
Trustees so dying or desiring to be discharged or becoming
unwilling or incapable to act as aforesaid And that when
and so often as any new Trustee shall be nominated and
appointed as aforesaid all the trust estates monies and
premises or such of them as shall then be subject to the
trusts and provisions of my Will which shall have been
vested in such trustees or trustee so dying desiring to be
discharged or becoming unwilling or incapable to act as
aforesaid shall thereupon with all convenient speed be conveyed
assigned and transferred (shall thereupon) so and in such
manner as that the same shall and may be legally
and effectively vested in the person or persons so to be
appointed as aforesaid either solely or jointly with the
surviving or continuing trustees or trustee as occasion shall
require To the uses upon and for the trusts intents and
purposes hereinbefore respectively expressed and declared or
such of them as shall then be subsisting undetermined
and Capable of taking effect and the person or persons so
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to be appointed as aforesaid shall have and be entitled
to exercise the same powers and authorities as if he she
or they had been appointed a trustee or trustees of this my Will
I empower my Executors and Executrix and the trustee or trustees
for the time being of my Will to compound or allow time
for payment of any debt or debts due to my Estate and to satisfy
all demands against my Estate whether supported by strictly
legal evidence or not and to settle all accounts between me and
any person or persons on such terms as my said Executors
and Executrix and trustees or trustee shall in their her or
his discretion think expedient and to refer any matters in
difference relating to my affairs to arbitration I hereby further
declare that the Executors and Executrix and the trustees of
my Will hereby appointed or to be appointed as aforesaid
and each of them and each and every of their heirs
executors and administrators shall be charged and chargeable
for such monies only as they shall actually receive by virtue
of the trusts hereby in them reposed notwithstanding their or
any of their giving or joining in giving any receipt or
receipts for the sake of Conformity And I direct that none
of them shall be answerable for any Banker or Broker with
whom any of the trust monies and premises shall be placed
for safe custody or for any default or neglect of the other or
others of them or for involuntary losses And also that it
shall and may be lawful for them with and out of the
monies which shall come to their respective hands by virtue
of the trusts of my Will to retain and reimburse themselves
respectively and also to allow to each other all costs charges
and expenses and fees to Counsel for advice as they or any
of them shall or may sustain expend or disburse in or
about the execution of the trusts of my Will or in relation
thereto And I revoke all former Wills by me made and
declare this to be my last Will and Testament In Witness
whereof I the said Solomon Grosvenor Shakespear have to this
and the five preceding sheets of this my Will set my hand
the first day of November One Thousand Eight hundred and
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Sixty one ------------(signed)------------ This and the
five preceding sheets were signed by the said Testator Solomon
Grosvenor Shakespear as --- for his last Will and Testament
in the presence of us present at the same time who at his
request in his presence and in the presence of each other
have subscribed our names as Witnesses thereto the words
between the Eighteenth and nineteenth lines on the fourth
sheet having been first interlined (signed) George Frances Priest
Articled Clerk (signed) James Whittindale Clerk to messrs Woodcock
Priest and Woodcock Solicitors Coventry

Proved at Birmingham on the 25th day of October 1866
by the Oaths of
William Grosvenor Shakespear the Son of the deceased
John Webb and Mary Shakespear Widow the relict of the deceased the Executors to whom Administration was Granted
The Testator Solomon Grosvenor Shakespeare (otherwise
Shakespear) was late of Hampton in Arden in the County
of Warwick Gentleman ----- died on the 17th day of
April 1866 at Hampton in Arden aforesaid
Effects under £600

Extracted by S & H S Chim
Proctors Birmingham