The Will of Ann Ollier Single Woman of Liverpool Lancashire (Dated 1823 & 1826)
All names are in bold or large script for ease of reference.
This is the last Will and Testament of me Ann Ollier of Liverpool in the County of Lancaster Singlewoman being of sound and disposing mind memory and understanding do make and publish this my last Will and Testament in manner following that is to say first I will order and direct that all my just debts legacies funeral expenses and the charge of proving this my will be paid and discharged out of my personal estate Then I give and devise unto my brother James Ollier of Northwich in the County of Chester Attorney at Law and Thomas Ollier of Manchester in the said County of Lancaster Solicitor and to their heirs executors and administrators all my messuages tenements and hereditaments with their appurtenances situate lying and being in Great Bridgewater Street in Manchester aforesaid and all other messuages lands tenements and hereditaments whereof I now have or may have any interest in or power to dispose of with their and every of their rights members and appurtenances in possesion reversion remainder or expectation To hold the same unto the said James Ollier and Thomas Ollier their heirs executors and administrators upon trust that they the said James Ollier and Thomas Ollier and the survivor of them or the executors or administrators of such survivor do and shall forthwith or as soon as convieniently may be after my decease absolutely sell and dispose of all and singular my said several messuages or dwellinghouses and real estate either by public auction or private contract or partly by public auction and partly by private contract and either together or parcels as to the said trustees and executors for the time being shall seem meet for the most money that can be resonably procured for the same and do and shall receive and take the purchase mony or purchase monies, and do and shall receive and take the rents and profits arising from my said messuages or dwellinghouses in the mean time and until sale thereof, and for that purpose do and shall make and execute all such deeds, conveyances and assurances as they the said James Ollier and Thomas Ollier or the survivor of them or the executors or administators of such survivor shall think fit and I do hereby declare my will and mind to be that upon payment of the money to arise by such sale or sales of the said hereditaments and premises hereby made saleable or any part thereof respectively it shall and may be lawfull to and for the said James Ollier and Thomas Ollier or the survivor of them or the executors or administrators of such survivor to give and sign any receipt or receipts for the money to and by such sale or sales as aforesaid or any part or parts thereof which receipt or receipts shall be a good and sufficient discharge and discharges to any purchaser or purchasers his her and their respective heirs and assigns for so much money as shall be therein expressed to be received and such purchaser and purchasers his her or their respective heirs and assigns shall not be afterwards obliged to see to the application or non application of such purchase money or be answerable for any loss missapplication or nonapplication thereof or any part or parts thereof respectively And my mind and will is and I do hereby direct that the said James Ollier and Thomas Ollier and the survivor of them and the executors and administrators of such survivor shall stand possesed of and interested in the money to arise by such sale or sales as aforesaid upon the trusts and subject to the several provisoes conditions and declarations herinafter mentioned and declared that is to say and as concering all my personal estate of what nature or kind soever the same may consist I give the same to my said trustees and executors and the survivor of them his executors administrators and assigns. upon the like trusts and under and subject to the like provisoes conditions and declarations hereinafter mentioned and declared that is to say upon trust that they the said James Ollier and Thomas Ollier or the survivor of them or their executors or administrators of such survivor do and shall in the first place pay all such debts funeral expenses legacies and the charge of proving this my will and the remainder of such personal estate together with the monies which shall arise by or from such sale or sales as aforesaid I will order and direct shall equally be divided into six equal parts or shares and I give and bequeath one of the said equal parts or shares unto my brother Charles Ollier his executors administrators and assigns One other of the said six equal parts or shares unto my sister Jane Locke her executors administrators and assigns One other of the said six equal parts or shares unto my sister Alice Whalley her executors administrators and assigns One other of the said six equal parts or shares unto my sister Elizabeth Thoms her executors administrators and assigns. One other of the said six equal parts or shares unto my said brother James Ollier his executors administrators and assigns. And as to the other remaining equal sixth part or share of the said trust monies and personal estate I direct that my said brother James Ollier and nephew Thomas Ollier and the survivor of them his executors and administrators do and shall stand and be possesed thereof upon trust for all and every of the daughters of my late brother Thomas Ollier deceased (excepting my niece Charlotte Davies whom I conceive to be well provided for) in equal shares as tenants in common and to the issue of such of them as shall be then dead to be paid to them respectively as to sons on their attaining the age of twenty one years and as to daughters on their respectively attaining the same age or being married which shall first happen and that the shares or proportions so given and bequeathed to the said Jane Locke Alice Whalley Elizabeth Thoms and to the said daughters of my said late brother Thomas Olllier shall not be subject or liable to the debts, intermedeling or control of any present or future husband and their receipt or receipts alone notwithstanding such coverture shall be good and sufficient discharge or discharges for the same And I give and bequeath all my household furniture goods chattles and wearing apparel unto my said sisters Jane Locke Alice Whalley and Elizabeth Thoms and to the survivor of them to be equally divided between them share and share alike And I give and bequeath the mouning ring worn by my said late brother Thomas Ollier to my niece Rosa Ollier and the mouning ring had by me in memory of Jane the wife of my said late brother Thomas to my niece Jane Ollier And I also give and bequeath unto my said nephew Thomas Ollier the sum of one hundred pounds of good and lawful money of Great Britain as and for a remuneration for his trouble and services by him done and performed in and about my affairs and concerns and I appoint the said James Ollier and Thomas Ollier executors of this my last Will and Testament and my will and mind is that it shall and may be lawful to and for my said trustees and the survivor of them and the executors administrators of such survivor to reimburse and satisfy himself and themselves by and with the monies which shall come to their hands by virtue of the trusts aforesaid all costs charges and expenses which they or either of them may respectively sustain expend or be put unto in or about the execution of the trusts aforesaid or any matter relating thereto and that they or either of them shall not be answerable or accountable for the other or others of them or for the acts receipts neglects or defaults of the others of them but each one for his own acts reciepts neglects or defaults only And lastly I do hereby revoke all former wills by me at any time heretofore made and declare this only to be my last Will and Testament In witnesswhereof I the said Ann Ollier have to this my last will and testament contained in this and the two preceeding sheets set my hand and seal (to wit.) my hand to each of the said two sheets and my hand and seal to this last sheet this nineteenth day of October one thousand eight hundred and twenty three.
Anne Ollier [signed & seal]
Signed sealed published and declared by the above named Ann Ollier as and for her last Will and Testament in the presence of us who have herewith subscribed our names as witnesses thereto in the presence of the said testator and in the presence of each other.
John Whalley [signed]
William Rose [signed]
Francis Oldaker [signed]
I Anne Ollier being of ill health but of sound and disposing mind do this fourteenth day of November 1826 first make publish and declare this Codicil to my last Will and Testament which last Will and Testament was dated the nineteenth day of October 1823.
I hereby nominate and appoint my nephew Joseph Whalley to act as executor to my said last Will and Testament in the place of my late brother James Ollier deceased And I do hereby give and bequeath to my said nephew Joseph Whalley the sum of fifty pounds free of all duty thereon which I order my executors aforesaid to pay And my will and mind is and I do hereby give devise and bequeath to my neice Anne Locke of Willey in the County of Wiltshire all that entire sixth part or share of and in all my property which her mother if living as the time of my death would have been entitled to by my said last Will and Testament and my will and mind is that the same shall not be subject or liable to debts intermedling or control of any husband with whom she may contract marraige and her receipt alone notwithstanding such coverture shall be a good and sufficient discharge for the same And I do hereby revoke so much of my said last Will and Testament as excluded my neice Charlotte Davies from a share of another sixth part of my property which would have been her farthers if he had been living as the time of my death and my will and mind is that she the said Charlotte Davies shall have an equal part or share of the same with her sisters the daughters of my late brother Thomas Olllier.
Signed Ann Ollier [signed]
[seal]
Dated this fourteenth day of November 1826.
Signed sealed published and declared by the above named Ann Ollier as a codicil to her last Will and Testament in the presence of us the undersigned the seventeenth line being first crossed over.
Jane Whalley [signed]
Anne Whalley [signed]
Names mentioned in the will of Ann Ollier are shown below:
Benificiaries, brothers, Charles & James. (Charles was the farther of Charles Ollier the Author & Publisher, James became an Attorney at Law in Northwich after his farther Joseph Ollier the Attorney died in 1782, they were both listed at various times in several Northwich Trade Directories)
Bequests to neices Rosa & Jane.
Benificiaries, sisters, Jane Locke (Jane married John Locke of Wyle, Wilts. at Bath, Somerset in 1786) Alice Whalley & Elizabeth Thoms.
Remainder to the daughters of her late brother Thomas, excluding Charlotte Davies.
Executors, James Ollier of Northwich & Thomas Ollier, Solicitor of Manchester.
Will signed by nephew John Whalley also William Rose & Francis Oldaker.
Codicil to the will dated 1826
Nephew Joseph Whalley to be Executor in place of her late brother James Ollier (James died in 1825 and was buried at St Wilfred's Church, Davenham, Cheshire)
Bequest to Joseph Whalley.
Ann Locke to receive her late mothers share (Ann went on to marry Joseph Ollier in 1829, Joseph was brother to Charles Ollier the Publisher)
Charlotte Davies to receive part of her late farther Thomas's share.
Signed by Ann Ollier the testatrix.
Jane Whalley & Anne Whalley.