The Will of John Alexander Thoms (Dated 1836)
All names are in bold for ease of reference.
This is the last Will and Testament of me John Alexander Thoms of Merton in the County of Surrey Gentleman ( formerly of The Broadway in the Parish of St Margaret Westminster Boot and Shoe Maker) as follows that is to say I direct that my remains be interred at such place as my beloved Wife Elizabeth Thoms if she should survive me but otherwise as the Executors of my will herin after appointed shall deem most convienient and proper unlefs I should hereafter give some specific direction in that behalf I give to my said beloved Wife as and for her own absolute property (if she should survive me) all my household goods furniture books (book of account excepted) pictures plate linen and china and all my wine spirits and other house keeping stores zand all the wearing apparrel watches jewels and other ornaments of the person of myself and my said Wife and all ready money (but not any bills notes bonds or other securities for money) which shall be in my pofsefsion at the time of my death I give to each of the Executors of my will hereinafter named and appointed and to my Kinsmen Mr Nathaniel Thoms and Mr William John Thoms and my Wifes Kinsmen Mr John Archer and Mr Thomas Whalley (respectively hereinafter named) and to my friends Mr George Henry Malme of Abbingdon Street Westminster and Mr Charles Martin of Bowerie Street in the City of London a gold ring cash of the value of three guineas in rememberance of me I give and devise unto and to the use of my said beloved Wife my three freehold mefsuages or tenaments with the appurtainces situate on the North Side of and now numbered or known as numbers 9. 91/2 and 10 in the Broadway aforesaid and as or respectively now or lately in the occupation of Mrs Dungate Mr William Martin and Mr William Cowderoy their afsigns or tenants for and during the term of her natural life and from and immediately after the determination of that estate and subject thereto I give and divise unto and to the use of my brother James Thoms those two of my said freehold mefsuages or tenements with the appurtanances which are now numbered or known as numbers 9 and 91/2 in the Broadway aforesaid and respectively now in the occupation of Mrs Dungate and Mr William Martin for and during the term of his natural life subject neverthelefs to the proviso or condition for [...?...] of that estate hereinafter exprefsed and contained concerning the same and subject and without prejudice to the devise or disposition hereinbefore exprefsed and contained of the said three mefsuages or tenaments with the appurtenances to or in favour of my said beloved Wife and of two of the said mefsuages or tenaments to or in favour of my said brother I give and devise the said three mefsuages or tenaments with the appurtenances unto and to the use of my said Wifes Kinsman John Alexander Archer the oldest son of my friend John Archer of Tothill Street Westminster Tobacconist his hiers and afsigns forever and to and for no other use trust intent or purpose whatsoever provided always and I hereby declare that the devise or disposition hereinbefore made by me of two of my said freehold mefsuages or tenaments with the appurtenances unto my said brother James Thoms in remainder expectant on the death of my said Wife is intended by me as a personal provision for him and that he shall not have power to alienate charge or incumber the same or any part thereof or anticipate income arising from or from any part thereof in any manner howsoever and that in case he shall by any ways or means whatsoever attempt to alienate change or incumber his said estate and interest or any part thereof or to anticipate the income arising therefrom or from any part thereof in any manner howsoever contrary to the provision or shall become bankrupt or by reason of any event matter or thing whatsoever whether voluntary or not on his part shall cease to be entitled to the said estate or any part thereof or to the perception and enjoyment of the income arising therefrom or from any part thereof for his own bona fida use and benefit the estate and interest hereby given and devised to him in the saied mefsuages or tenaments with the appurtenances shall henceforth wholly and absolutely cease and be at an end I give and devise my said beloved Wife if she should survive me all my copyhold mefsuages lands hereditaments and premises situate (on the Cannon Hill Road) at or near Merton in the County of Surrey for and during the term of her natural life and from and immediately after my determination of that said estate and subject therein I declare and direct that the same copyhold mefsuages lands tenaments and hereditaments with the appurtenances shall pass and be considered as disposed of under the disposition of my residuary estate hereinafter exprefsed and contained I give and bequeath unto my said beloved Wife if she should survive me my two leasehold mefsuages or dwelling houses with the appurtenances situate and numbered or known as numbers 1 and 2 in Queens Row Chelsea in the County of Middlesex now in the occupation of William Atehurst and Richard Edwards their afsigns or under tenants also my leasehold mefsuage or dwelling house with the appurtenances situate on the North Side and numbered or known as number 5 in Charlotte Street Pimlico in the same County now in the occupation of Margaret Sendrell her afsigns or tenants and my five leasold mefsuages situate partly on the North Side of Castle Lane and partly in Isabella Row in the said Parish of Saint Margaret Westminster now in the occupation of Mary Coyyer Ann Eddleston William Gregory Sarah Anderson and William Allen their afsigns or tenants the same to hold unto my said Wife and her afsigns for all the term estate and interest which I shall have therein respectively at my death if she my said Wife should so long live and subject and without prejudice to the disposition hereinbefore made by me of the same leasehold estates respectively to or in favor of my said Wife I give and bequeath the same leasehold estates for all the said estate term and interest therein respectively unto my said esteem friend John Archer his executors administrators and afsigns I also give and bequeath unto my said beloved Wife if she should survive me my leasehold mefsuage or dwelling house and shop with the appurtenances situate on the North Side of and numbered or known as number 82 Tothill Street in the said Parish of Saint Margaret and now in the occupation of Robert Moore his afsigns or tenants to hold the same unto my said Wife and her afsigns for all the term estate and interest which I shall have therein at my death if she my said Wife should so long live and subject and without prejudice to the bequest or disposition hereinbefore made by me of the same leasehold estate to or in favour of my said Wife I give and bequeath the same leasehold estate for all the said term estate and interest unto my said Wifes Kinswoman Jane Archer the wife of the said John Archer for her sole seperate and exclusive use and benefit free from the control interference debts or engagements of her said present or any future husband and so that the same may be held and enjoyed or sold given away or otherwise disposed of by her in the same manner to all intents and purposes as if she were a feme sole and so that at her death if or so far as no dispotition thereof shall have been made by her in her lifetime the same shall belong to the person or persons who then shall be of her blood and in [...?...] to her and who and either in his her or their own right or in right of his her or their representation would be entitled to her personal estate if she was then to die intestate and a Widow and so that if there shall be more persons than one who shall be so entitled they respectively shall take in the shares and proportions to which they would be entitled according to the said statutes I also give unto my said beloved Wife if she shall survive me my leasehold mefsuages or dwelling house and shop with the appurtenances situate on the North Side of and numbered or known as number 28 in York Street in the said Parish of Saint Margaret Westminster now in the occupation of Alexander Fflaws [?] his afsigns or tenants and also my leasehold mefsuage or dwelling house situate on the East Side of and numbered or known as number 1 in Grub Street in the Parish of Saint John the Evangelist Westminster now in the occupation of Jane Dow [?] or her afsigns or under tenants to hold the same unto my said Wife and her afsigns for all the term estate and interest which I shall have therein respectively at the time of my death and subject and without prejudice to the bequest or disposition hereinbefore made by me of the same leasehold estates respectively to or in favor my said Wife I give and bequeath the same leasehold estates for all the said term estate and interest therein respectively unto my said Wifes Kinsman Francis Archer the second son of the said John Archer his executors administrators and afsigns I desire and direct that the Executors of my will shall stand pofsefsed of the fifty shares now held by me in the Vauxhall Bridge upon trust to pay to my said Wife or her afsigns or otherwise permit and suffer her or them to receive and retain all dividends interest bonuses profit and advantage whatsoever which shall arise or become payable upon for in respect or on account of the same shares during the term of her natural life and from and immediately after her decease then upon trust to afsign or transfer ten of the said fifty shares to my Wifes Kinsman Thomas Whalley of Merton aforesaid his executors administrators or afsigns and to afsign or transfer ten others of the said fifty shares to the said John Archer his executors administrators or afsigns and to afsign ten others of the said fifty shares to the said John Alexander Archer his executors administrators and afsigns and to afsign or transfer ten others of the said fifty shares to the said Francis Archer his executors administrators and afsigns and to afsign or transfer five others of the said fifty shares to Charles Archer the third son of the said John Archer and to afsign or transfer five others of the said fifty shares (being the residue thereof) unto William John Thoms only son of my Cousin Nathaniel Thoms of Holywell Street Westminster Gentleman I devise and direct that the Executors of my will shall stand pofsefsed of the twenty shares now held by me in the Eagle Insurance Office and the eight shares now held by me in the Hope Insurance Office upon trust to pay to my said beloved Wife or her afsigns or otherwise permit her or them to receive or retain all dividends interest bonuses profit and advantage whatsoever which shall arise or become payable on or for or in receipt or on account of the same shares respectively during the term of her natural life and from and immediately after her decease then upon trust to afsign or transfer the same shares respectively unto the said Thomas Whalley his executors administrators and afsigns And I give and bequeath to the several persons hereinafter named the several percunuary legacies hereinafter mentioned to be paid to the same persons respectively out of my residuary personal estate at the end of six calender months next after the decease of the survivor of me and my said Wife if the same legatees respectively shall the be alive but not otherwise that is to say to my niece Ethel Frida Randall ( a daughter of my deceased Sister Margaret Randall) five hundred pounds to my niece Geogiana Dymock (another daughter of my said deceased Sister) one hundred pounds to my niece Caroline Willmot (another daughter of my said deceased Sister) one hundred pounds to Lewis Randall (a son of my said deceased Sister) George Randall (another son of my said deceased Sister) one hundred pounds to my Cousin Mary Thoms (now residing with the said Nathaniel Thoms in Holywell Street aforesaid three hundred pounds to my said Cousin William John Thoms two hundred pounds to my Cousin Jesse Elizabeth Thoms (a daughter of my said Cousin William John Thoms) one hundred pounds to my Wifes Kinsman the said Thomas Whalley five hundred pounds to my Wifes niece Ann Ollier (late of De La Hay Street in Westminster) five hundred pounds to my Wifes nephew John Locke of Wily in Wiltshire two hundred pounds to my Wifes niece Eliza the wife of John Waters of Uphaven in Wilts. two hundred pounds to the said Charles Archer three hundred pounds to Elizabeth Archer a daughter of the said John Archer the sum of three hundred pounds to Henry Archer fourth son of the said John Archer two hundred pounds to Frederick Archer fifth son of the said John Archer two hundred pounds to my Wifes niece Ann Partington of Manchester one hundred pounds to my Wifes niece Rosa Stott of Manchester one hundred pounds to my Cousin John Alexander Ollier of------------------Cheshire one hundred pounds to James Ollier of Welbeck Street Marylebone ( a son of the late Mr Ollier of Bath) one hundred pounds and to each of the Executors of my will hereinafter named and appointed if he respectively shall take upon himself and act in the Executorship and trusts of my will within three calendar months next after my decease or when thereto requested by any power interested under my will the sum of one hundred pounds And I give devise and bequeath and by virtue and in exercise and execution of every power enabling me in this behalf appoint unto my respective friends William Paterson of The Broadway Westminster Boot and Shoe Maker and the said John Alexander Archer as well all my copyhold mefsuages lands tenements and hereditaments with the appurtenances hereinbefore mentioned with the appurtenances (subject neverthelefs and without prejudice to the estate and interest hereinbefore given and devised by me to my said beloved Wife therein) as also all the Rest and Residue of the personal estate effects and property of which I shall die pofsefsed or in or over which I have any power of appointment or disposition (including as well all my leasehold or chattel real estates not hereinbefore specifically bequeathed as also all my freehold leasehold and chattel real estates and other property and effects whatsoever real and personal whereof or the specific dispositions or bequests hereinbefore contained shall wholly collapse or fail) to hold the same unto the said William Paterson and John Alexander Archer their hiers executors administrators and afsigns according to the nature and quality thereof upon and for the trusts intents purposes hereinafter exprefsed or declared conerning the same that is to say as to and concerning all my said residuary personal estate except leasehold or chattel real estates upon trust that the same be the fund for the payment of my debts and my funeral and testamentary expenses and after full payment of the same then upon trust to place out and invest all principal monies which at any time or times and from time to time during the life of my said beloved Wife shall arise from that part of my said residuary estate in some or one of the public stocks or funds of Great Britain in the names of the said William Paterson and John Alexander Archer or the survivor of them or the executors administrators of such survivor ....There follows several pages of mainly legal text, and as such this transcription will start again towards the end of the will thus: And I revoke all wills and testamentary writings heretofore made by me and declare this alone to be my last Will and Testament in witnefs whereof I the said John Alexander Thoms have to this my last Will and Testament written upon eight sheets of paper now fastened together set my hand and affixed my seal in manner following that is to say to the first seven sheets I have set my hand and to this last sheet I have set my hand and affixed my seal this Second day of June in the year of our Lord One Thousand Eight Hundred and Thirty Six Jno. Alex. Thoms [signed and seal] signed sealed and published by the above named John Alexander Thoms as and for his last Will and Testament in the presence of us who in testimony thereof and at his request have hereunto subscribed our names as witnefses in his presence and in the presence of each other George H. Malme [signed] 5 Abingdon Street Westminster, M. A. Brown [signed] Alpha Cottage Regents Park, Jos. Saml. Joyner [signed]12 Crown Court Little Russel Street.
Proved at London 12th October 1842 before the Worshipful John Haggard Doctor of Laws and Surrogate by the oaths of William Paterson and John Alexander Archer the executors to whom administration was granted having been first sworn duly to administer.
Some of the names mentioned in the will are shown below:
The testator John Alexander Thoms.
His wife Elizabeth Thoms.
His kinsman Nathaniel Thoms of Holywell St. Westminster, & William John Thoms (The only son of Nathaniel Thoms)
His wifes kinsmen John Archer & Thomas Whalley.
His brother James Thoms.
His wifes kinsman John Alexander Archer, the eldest son of his friend John Archer.
His wifes kinswoman Jane Archer, the wife of John Archer.
His wifes kinsman Francis Archer, the second son of John Archer.
Charles Archer, the third son of John Archer.
His wifes niece Ann Ollier, late of De La Hay Street in westminster.
His wifes nephew, John Locke of Wylye, Wiltshire.
His wifes niece Elizabeth, the wife of John Waters of Uphaven, Wiltshire.
Elizabeth Archer, a daughter of John Archer.
Henry Archer, the fourth son of John Archer.
Frederick Archer, the fifth son of John Archer.
His wifes niece's, Ann Partington of Manchester & Rosa Stott of Manchester.
His wifes cousin, John Alexander Ollier of [?] Cheshire.
James Ollier of Welbeck Street, Marylebone, son of the late Mr. Ollier of Bath.
Signed John Alexander Thoms [Signature]
Witness:
George H. Malme [Signature]
Joseph Samuel Joyner [Signature]
M. A. Brown [Signature]
The will was proved on the 12th October 1842.
This will is the document that finally connects Charles & James Ollier the publishers of London to the Ollier's of Cheshire. It has been confirmed to me by Professor Charles E Robinson of The University of Delaware, a leading authority on their works, that James Ollier, one of the Ollier brothers, was at Welbeck Street, Marylebone at this time. Also in this will are the sons and daughters and some of their descendants of Joseph Ollier the Attorney of Northwich in Cheshire, who were to marry & live in London & Wiltshire & also in Lancashire, Cheshire & Somerset.