The Will of George Ollier (died 1767)
Farmer of Cholmondeston
All names are in bold for ease of reference.
The transcription below was done by myself (as best as possible!) note that parts of the original will appear to be missing, however contained below are the details of the will as known, there is also a challenge to the will by George Ollier's second wife and relict Ann Ollier, The original will is held at the Cheshire Records Office at Chester.
From the cover of the will (top part missing):
Ollier
Will of George
late of Cholmondeston
in the Parish of Acton Farmer dd
was exted.
[...?...] granted to
Joseph Ollier
Chas.Ollier the
Exors firstsworn
5th Jan. 1768
From one page of the will (top part missing):
body ye in Perfect mind and memory do make and ordain this my last Will and Testament on this second day of April in the year of our Lord 1767 in manner and form following First I give and bequeath my soul unto almighty God hoping at ye joyfull day of resurrection to recover the same and my Body to Earth to be Decently Buried in a Christian Burial at the Discretion of my Executors First I Allow all my Debts and Funeral Expenses be fairly paid sekondly I give and bequeath to my children Charles Ollier Joseph Ollier Thomas Ollier Marthay Bostocke Mary Hesketh Susanna Barnit all my personall goods which I am pofsedst with and all my wrights priveledges commodities or advantages whatsoever to be divided amongst them six share and share alike I also acknowledge I owe to my brother Joseph Ollier fifty pounds which said sum I allow to be paid out of my personall I also do Choose and Nominate My Brother Joseph Ollier and my Son Charles Ollier to be My Executors Last I do nominate this to be my last Will and Testament and Likewise I do allow that my Executors shall have Liberty to [...missing...] the money due to each one any time in three years time [...missing...][the following line has been scribbled over and partly obliterated in ink] [...missing...] w[...?...] [...?...] here of I do set my hand and seal and the day and [the following has line has also been scribbled over and partly obliterated in ink] [...missing...] above [...?...]- [the last line reads thus:] [...missing...] do agree and aford that my [..obliterated in ink..] wife shall have no [...missing...] of my said personall Effects but what the law will [end of this page]
From the other page of the will (top part missing):
fifty pounds and likewise Sussanah Barnit
Seventeen pounds towards part of those fortunes
and I allso do agree that Joseph Ollier and
Marthay Bostock and Shusanah Barnit and Thomas
Ollier and Charles Ollier to Receive of my perfon-
-all Effects to make each one equall with Mary Hesketh fifty pounds
which her Husband John Hesketh here hath Received of me
and then what Remains of my Perfonall effects to go Equall
Share and Share alike in witness whereof I Do set my hand
and the Day and Year above written in the Prefence of
Witness the mark X of Joseph Dunning
Witness the mark X of David Davies
Witness Samuel Barnett [signed]
George Ollier [signed]
13th April 1767
Joseph Ollier and Charles Ollier the Executors above named
were Sworn in common form.
Probate Issued the 5th January 1768} Before Abel Ward [signed]
End.
The following relates to a challenge to the will:
Samuel Peploe Clerk Doctor of Laws Vicar General and Official Principal of the Right Reverend Farther in God Edmund by Divine Permission Lord Bishop ofChester [...?...] [...?...] Authorized to Edward Russell our Apparitor General on his lawful deputy greetings I hereby authorize and strictly injoin and command you jointly and severally to cite or cause to be cited [...?...] Ann Ollier of Cholmondeston in the Parish of Acton in the County and Diocese of Chester Widow and Relict of George Ollier late of the same place Husbandman deceased and for John Dennil of the City and Diocese of Chester Gentleman for Proctor to appear before us our lawful surrogate or any other competent Judge in this behalf in the Consistory Court within the Cathedral Church of Chester upon thursday the thirtieth day of April instant at the usual hours of hearing causes there, to show a reasonable cause, if she can, why notwithstanding a caveat entered by her in the Registry of the Consistory Court of Chester the last will and testament of the said George Ollier deceased should not be proved and why the execution thereof and administration of the goods chattles and credits of the said deceased should not be granted and committed to Joseph Ollier and Charles Ollier the executors of the said will named. And further to do and receive what justice in this behalf shall require at the instance of the said Joseph Ollier and Charles Ollier and what you shall do in the premisses you are duly to certify us or our lawful representatives at the time and place aforesaid together with these presents dated at Chester under the seal of our Office the thirteenth day of april in the year of our Lord one Thousand seven hundred and sixty seven.
Hugh Speed [?] [signed]Dep. Reg.
April 15th 1767 Then personally serve the within named John Dennill
By Edw. Russell.
It can be seen from reading the will and associated documents that George’s wife Ann Ollier had cause to contest the will as it would appear that she was partly left out of it on at least one occasion! For reasons that we will probably never know!
It can also be seen that she either may not have turned up at the hearing or that her attempt failed as Probate was granted on the 5th January 1768 and signed upon the will cover to both of the named Executors in the will, those being George Ollier’s brother Joseph Ollier and George’s son Charles Ollier.
It is difficult to say whether or not George Ollier owned any land or was a tenant farmer, as parts of the will are missing and there is no mention either way in what is left of the original will. If he did it would have been left almost certainly to his eldest son Charles Ollier but at this time there is know way of knowing for sure unless fresh evidence comes to light.