The Will of Thomas Ollier, Surgeon of Manchester (Dated 1817)
All names are in bold or large script for ease of reference.
This is the last Will and Testament of me Thomas Ollier of Manchester in the County of Lancaster Surgeon made and published the thirtieth day of July in the year of our Lord one thousand eight hundred and seventeen First I order and direct all my just debts and the expences of my funeral and the charges of the probate and execution hereof to be paid and discharged by my executors hereinafter named and appointed I give devise and bequeath all and singular my messuages dwelling houses lands tenements hereditaments real estate whatsoever and wheresoever situated and of whatsoever the same shall consist unto and to the use of my dear wife Jane Ollier and to my sons Ralph Alsager Ollier Thomas Ollier and James Ollier their hiers executors administrators and assigns to for and upon the several uses trusts intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say upon trust as to my real estate that they my said trustees and executors do and shall keep the same in good repair and condition and set let and manage the same to and for the upmost benefit and advantage and after payment and satisfaction of all costs charges and expensess incurred in or about the reparation thereof then upon trust that they my said trustees and the survivors and survivor of them her or his hiers do and shall pay and apply to my said wife or otherwise permit and suffer her to have and take the clear yearly rent issues and profits of my said real estate unto her own proper hands for and during the term of her natural life for and towards the maintenances education and bringing up of herself and all and every the children which I shall have by her at the time of my decease and the lawful issue of them as may happen to be then dead and from and after the decease of my said wife then upon trust that they my said trustees and the survivors and survivor of them and her or his hiers do and shall with all convienient speed make absolute sale and disposal of all and every part of my said real estate and the fee simple and inheritance thereof and all my estate and interest therein to such person or persons as shall be willing to become a purchaser or purchasers thereof either by public auction or by private contract and together or in parcels and for such price or prices as can or may be reasonably had or gotten for the same and the money to arise from such sale or sales to add to my personal estate of which I direct it shall become and constitute a part and I do will and direct that the receipt or receipts of my said trustees for the money to arise from such sale or sales of all or any part or parts of my said real estates shall be a sufficient discharge or sufficient discharges to such purchaser or purchasers for so much money as shall be mentioned or expressed in such receipt or receipts to be received and that such purchaser or purchasers shall not be obliged to see to the application of such monies or any part thereof nor be answerable or accountable for the misapplication or nonapplication thereof or any part thereof and as to for and concerning my personal estate upon trust and to the intent and purpose that they my said executors and survivors and survivor of them his or her executors or administrators do and shall convert the same or such part thereof as may be necessary into ready money and keep and continue the same out at interest upon such real government or other security or securities as they or he in their her or his descretion shall and may think proper and to alter and vary the same as they she or he may judge requisite and the yearly interest increase and produce thereof pay and apply into the proper hands of my said said wife also for the maintenance of herself and my said children and their issue for and during the term of her natural life and from and after the decease of her my said wife then upon trust to pay and apply my said personal estate and effects as well original as the money arising from the sale of my real estates unto and equally amongst all and every my children which shall be living at the time of my decease and the lawful issue of such of them as shall happen to be then dead share and share alike (my daughter Ann Partington the wife of John Partington the Younger and her issue only excepted having already made a provision for her on her intermarriage) such issue nevertheless only to take equally amongst them the like share or shares which their respective parent or parents would if living have taken and been entitled unto and it is my will and mind and I do hereby declare that the provision hereinbefore made for my said wife is and shall be in lieu [...?...] [...?...] full satisfaction of all power thirds at common law or otherwise which she can shall or may have claim challenge or demand from or out of all or any part of my said real estate provided always and it is my will and mind and I do hereby declare that in case my said wife shall after my decease shall happen to mary again that then and in such case the rents issues and profits of my said real estate and the yearly interest increase and produce of my said personal estate or any part thereof shall be no longer paid into the hands of or applied by my same wife for the maintenance education and bringing up of my said children as hereinbefore mentioned but shall be wholly and exclusively paid and applied for that purpose by my other executors hereinafter named and appointed or the survivors or survivor of them and his executors and administrators and the rest residue and remainder of such yearly interest increase and produce of my said real estate after payment thereout of so much as may be requisite and necessary for the mainenance education and bringing up of my said family as aforesaid I will order and direct shall be paid and applied in and towards the carrying on conducting and maintaining of my trade or business of a Tanner if they my said trustees or survivor of them her or his executors or administrators shall judge it proper and for the benefit of my said estate so to carry it on and I do hereby nominate constitute and appoint my said wife during her widowhood but no longer my sons Ralph Alsager Ollier Thomas Ollier and James Ollier to be executrix and executors of this my will and I do hereby declare my will to be that they my said executors and their respective executors and administrators shall not be answerable or accountable for my sum or sums of money other than such as shall come to their respective hands nor with or for any loss or losses which may happen of any part of my property through the same being placed in any Banker or Bankers hands or other person or persons for use custody or otherwise nor shall either or any of them be answerable for the acts deeds receipts or defaults of the other of them but each of them shall only be answerable for his own respective acts deeds and wilful defaults and that they and each of them respectively shall and may reimburse and satisfy themselves and himself by and out of the said trust monies for all losses damages expenses and trouble which they and each of them may sustain expend and be put into in and about the execution of this my will and the trusts hereby in them reposed and I do hereby revoke all former will and wills by me at any time heretofore made and do declare this only to be my last Will and Testament In witness whereof I the said Thomas 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 the bottom of each of the said two sheets and my hand and seal to this last sheet.
Thomas Ollier [signed]
[seal]
Signed sealed published and declared by the above named Thomas Ollier as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses thereto in the presence of the said testator and in the presence of each other.
William Milne [signed]
Benjamin Lufton [?] [signed]
William Watts [signed]
The 12th of October 1824 Thomas Ollier and James Ollier two of the executors in this will named were sworn in common form (power being reserved to Ralph Alsager Ollier the other surviving executor therein also named to take upon himself the execution of the said will when he shall lawfully request the same) and they further made oath that the personal estate and effects of the testator within the Diocese of Chester were under the value of £4,000 before me L [?] Wray Surrogate.
Testator died 9th Sept 1823.
Jane Ollier the executrix is deceased.
Probate issued 12th October 1824.
Thomas was the son of Joseph Ollier, Attorney at Law of Northwich.