The Shakespeare Family History Site

This is the last Will and Testament of me Thomas Shakespeare of Fillongley in
the County of Warwick Gentleman I Give and Devise All that my messuage or Tenement Farm
and Lands with the Appurtenances situate standing lying and being at Fillongley aforesaid And
now lett upon Lease to Benjamin Moggs unto my Dear wife Mary Shakespeare for and during
the Term of her natural Life, Immediately after the Decease of my mother Ann Shakespeare and
from and Immediately after the decease of my said mother Ann Shakespeare and my said
wife Mary Shakespeare and the Decease of the Survivor of them I Give and Devise my said
messuage or Tenement Farm Lands and Premises unto my son Thomas Shakespeare his Heirs
and assigns for ever But in case my said son Thomas Shakespeare shall happen to Die
before he attains the Age of Twenty one years and without leaving lawful Issue of his body
Then I Give and Devise my said Messuage or Tenement Farm Lands and Premises unto my
Daughter Frances Shakespeare her Heirs and Assigns for ever Provided always Nevertheless
and my will and meaning is That in case my said wife shall after my decease Claim
and Prosecute any Estate or Interest in or to any part of my Real and Personal Estates respectively
other than and except what I have by this my will Given and Devised to her Then and in such
Case I will that the Gifts and Devises by me hereinbefore made to or in favor of her only shall
cease and be void any thing hereinbefore contained to the contrary Notwithstanding Item all and
singular other my Messuages Lands Tenements and Hereditaments situate lying and being at
Fillongley aforesaid and Little Packington in the said County of Warwick or Elsewhere in the
County of Warwick And all other my Real Estate unto Phillip Brownell Hylton of the City of Coventry
Gentleman his Executors and Administrators for the Term of
five Hundred years without Impeachment of waste upon the Trust hereinafter declared or expressed
concerning the same Term That is to say Upon Trust and to the only End intent and Purpose
that he the said Phillip Brownell Hylton his Executors or Administrators shall and do with All
Convenient speed after my Decease By Sale or Mortgage of the said Term of five Hundred years and
the Premises therein comprised or any Part or Parts thereof Raise and Levy the Sum of Seven
hundred Pounds of Lawful Money of Great Britain for the Purposes hereinafter mentioned And
from and after the End or other sooner determination of the said Term of five Hundred years and
Subject thereunto and the Trust thereof I Give and Devise my said last mentioned Messuages
Lands Tenements and Hereditaments and All my said Real Estate and Premises unto my said son
Thomas Shakespeare his Heirs and assigns for ever But in case my said son Thomas Shakespeare
shall happen to Die before he Attains the age of Twenty one years and without leaving lawful Issue
of his body Then I Give and Devise my said last mentioned Messuages Lands Tenements and
Hereditaments unto my said Daughter Frances Shakespeare her Heirs and Assigns for ever And
as concerning the said Sum of Seven hundred Pounds so to be raised and levied
by the said Phillip Brownell Hylton as aforesaid I do hereby will Direct and appoint that the
same when Raised and Levied shall be paid into the Hands of Richard Geast of Blythe Hall
in the said County of Warwick Esquire and John Stanton of the City of Coventry Gentleman their
Executors and Administrators Upon the Trusts hereinafter declared concerning the same (that is

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To say Upon Trust and to this intent and Purpose that they the said Richard Geast and
John Stanton their Executors and Administrators do and shall pay and satisfy thereout All my
just Debts and Legacies hereinafter given And also my Funeral Expenses and the Charges of
Proving this my will and I do appoint ???? the said Richard Geast and John Stanton their
Executors and Administrators shall stand and be possessed of and Interested in the residue and
remainder of the said Seven hundred Pounds over and above what shall
be sufficient to satisfy and discharge the Debts Legacies and funeral Expenses aforesaid And
also in the Clear Residue or Overplus of the Rents and Profits of my said Real Estates from
time to time when and as often as any such Overplus shall be and generally in all the
Residuum of my Personal Estate whatsoever And I do hereby Give and Bequeath the same
to them Accordingly Upon Trust and to and for the Ends and Purposes following that is to
say Upon Trust that they the said Richard Geast and John Stanton their Executors and
Administrators shall and do from time to time lend and Place out the same or any Part
thereof upon any Publick or Private Security or Securities at Interest with free Power to call
in alter remove Transpose or new place out the same as often as they shall think fit and
shall and do from time to time pay and apply the yearly Interest Profits and Produce thereof
as the same shall from time to time arise and be by them received for and towards the
Maintenance Education and Placeing out of my said son Thomas Shakespeare my said
Daughter Frances Shakespeare and such other Child or Children wherewith my said wife Mary
Shakespeare shall or may be Ensient? at the time of my Decease until they shall respectively attain
their respective Ages of Twenty one years and in case such yearly Interest and Produce shall
fall short and not be sufficient for the purposes aforesaid Then upon this further Trust that
they the said Richard Geast and John Stanton their Executors and Administrators shall from time to
time make good and Pay the same respectively by and out of the Principal Capital or Fund hereby
vested in them as occasion shall require or by Sale or Mortgage of the Security or Securities
whereof or wherein the same Fund shall from time to time consist and be invested or otherwise
as the same Trustees shall in their discretion think fit and when and so soon as my said son
Thomas Shakespeare my said Daughter Frances Shakespeare and such other Child or Children
wherewith my said wife Mary Shakespeare shall or may be Ensient at the time of my Decease
shall respectively have Attained their respective ages of Twenty one years Then upon this
further Trust that they the same Richard Geast and John Stanton their Executors and Administrators
do and shall stand and be Possessed of and Interested in the said Monies and Personal Estate and
all Security or Securities whereof or wherein the same shall then consist and be invested or so much
thereof as shall then remain undisposed of for the Purposes aforesaid And all Interest and Produce
then due for or upon the same or any part thereof In Trust for such Child or Children wherewith
my said wife Mary Shakespeare shall or may be Ensient at the time of my decease to be equally
divided between them if more than one and if but one Then for such one only And in Case my
said wife Mary Shakespeare shall not be Ensient at the time of my Decease Then In Trust for my

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said Daughter Frances Shakespeare her Executors Administrators and Assigns Provided
always And I do hereby expressly declare and direct that the said Phillip Brownell Hylton
and Richard Geast and John Stanton or either or any of them shall not in any wise be
chargeable with or accountable for more of the aforesaid monies and Estates hereinbefore
devised than he or they shall respectively Actually receive nor with or for any loss or losses by
reason of failure or defect of Title in any security or Securities whereon any of the said Monies or
Estates shall be Placed out at Interest unless the same shall happen through his or their
voluntary neglect of Default nor the one for the other of them or for the Acts Deeds Receipts or
Disbursements of the other of them And that the said Phillip Brownell Hylton Richard Geast
and John Stanton by and out of the Premises shall and may from time to time reimburse
him and themselves respectively All such losses Costs Charges and Expenses which they either
or nay of them shall sustain or be put unto for or by reason of the Performance of this my will
or of the Trusts hereby in them respectively reposed or of the management and Execution of the same
Trusts or any other thing in any wise relating thereunto Provided also and I do hereby further
declare that the Receipt or Receipts of the said Phillip Brownell Hylton his Executors or
Administrators under his or their Hand or Hands shall be a sufficient and effectual discharge
to any Person or Persons his or their Executors or Administrators who shall advance the said
Seven hundred Pounds or any part thereof hereinbefore directed to be
raised under the Trust of the said Term of five Hundred years as aforesaid for the said Seven
hundred Pounds or for so much thereof as in such Receipt or Receipts respectively
shall be acknowledged to be received and after such Receipt or Receipts so signed and given the
Mortgagee or Mortgagees shall in no wise be answerable or Accountable for any loss
misapplication or Nonapplication of the said Seven hundred Pounds
or any Part thereof Provided Also that when the Trusts of the said Term of five hundred years
hereinbefore declared shall be performed or become unnecessary And the Monies which shall
be raised in virtue of the said Term of five Hundred years and the attending Interest
thereof and such Costs and Charges as aforesaid shall be paid off and discharged Then the
said Term of five Hundred years shall at the request and Costs of the Person or Persons
Intitled to the Inheritance of the said Premises Immediately expectant and Reversion of the
same Premises According to the several lives and Estates thereof hereby expressed appointed
and declared I Give to the said Phillip Brownell Hylton Richard Geast and John
Stanton Two Guineas a Piece for Rings to wear in Remembrance of me I do Committ
the Custody Tuition and Guardianship of my said son Thomas Shakespeare my said
Daughter Frances Shakespeare and such other Child or Children wherewith my said wife
Mary Shakespeare shall or may be Ensient at the time of my Decease unto the said Richard
Geast and John Stanton during the minorities of such my said Children I Give All and
singular my Plate unto my said son Thomas Shakespeare and My said Daughter Frances Shakespeare
to be equally divided between them share and share alike Provided also And I do hereby further Will and

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direct that in case my said Wife Mary Shakespeare shall happen to marry again Then from and
immediately after such Marriage again the Gifts and Devises hereinbefore by me made to or in favor of
her shall cease and be Void anything hereinbefore contained to the contrary thereof in any wise
notwithstanding And Lastly I do hereby Constitute and Appoint the said Richard Geast and John
Stanton Executors of this my last Will and Testament hereby revoking all former and other Wills
by me at any time heretofore made or published In Witness whereof I the said Thomas Shakespeare
the Testator have to this my last Will and Testament contained in four sheets of Paper to the Three
first sheets thereof set my hand only and to the last my hand and Seal this Thirteenth Day of
November in the year of our Lord One thousand Seven hundred and Seventy five.

(signed) Thomas Shakespear

Signed Sealed Published and declared
by the said Thomas Shakespeare the Testator
as and for his Last Will and Testament in the
presence of Us who in his presence and at his
request have subscribed our hands as Witnesses
thereto and in the presence of one another
(signed) Thomas Lovatt
(signed) Ralph? Lambeth
(signed) James Gilbert

At Coleshill 13th April 1776
Let a Probate of this ???? be granted to Richard Geast
Esquire and John Stanton Gentleman his Executors
herein named
Having been duly sworn before me
(signed) Thos White