Home Biographies History Places Documents Letters Family Tree Misc. Contact NEW Blog

 

This will was transcribed by Wendy JACK (muchly appreciated!) and the footnotes have subsequently been added by myself. I have highlighted the names in red when I have no information.
This will was first done August 27, 1831 and subsequent codicils were added. The proving of the will will be posted in the future.
Sharon Oddie Brown. January 25, 2006.

28 Augt 1834

In the Name of God Amen I Eleazer Birch Gillmer [1] of Grovefield [2] (near Belfast) in the County of Down do make this my last Will and Testament and do hereby revoke and render null void and of no effect all and every Will or Wills by me heretofore made or published Imprimis I desire that my herein afternamed Executors may pay all my just & lawful debts and they may have my remains decently interred I Nominate Constitute and Appoint my son James [3] and my daughter Eliza [4] Guardians of my children who are not of age and of their fortunes and their education I do hereby nominate constitute & appoint my son James my son in law Patrick Adair Black [5] my daughter Eliza and my friend James Baxter [6] of Belfast to be my Executors & Executors to this my Will. – To my daughter Mary Gray [7] I leave Will & bequeath the sum of £450 Sterling Which sum is to be placed out at interest in real security and none other and the interest therefrom arising to be paid to her for her own use during her life and on her decease the principal sum to be divided amongst her children as she may by Will direct – but should she die intestate then it is my will & desire that it should be divided share and share alike amongst her children. Any money now due by her husband David Gray [8] to me whether by Bond Note or otherwise I hereby Cancel. – To my daughter Eliza I leave Will & bequeath the sum of £600 Sterling this sum to be placed out at interest on real security and none other and the interest arising therefrom  and thereout to be paid to her year & yearly during her life for her own use and none other, should she have issue she may by Will leave the principal to them in such portions as she may think proper, but should she have no child or children her husband to have and enjoy the interest during his life and on his decease the principal to be divided amongst her own brothers and sisters as she may have by Will directed, should she die intestate then it is to be divided amongst them share and share alike; the child or children of any of them that may be dead to have their parents proportion divided amongst them share and share alike. – To my son James I leave Will & bequeath the nine acres of land in the Townland of Kinallen [9] (left to us by his Grandfather the late Revd James Birch [10] of Dramara) to him and his heirs forever. – I also leave and bequeath to him this my house of Grovefield with lands thereto attached. – Together with the sum of £200 Sterling. – To my daughter Isabella [11] I leave and bequeath the sum of £600 Sterling which sum I direct my Executors to place out at interest on real security and none other and the interest arising therefrom to be paid to her year & yearly during her life for her own sole use and benefit and none other; should she have children by her present or any future marriage she may make or contract, she may by Will leave the principal to her child or children in such proportions as she may direct. – but should she die not leaving issue and having by my decease come into the possession of the aforesaid sum on her decease the principal to be divided amongst my other children in such manner as she may have by Will directed, but should she have died intestate it is to be divided amongst them share and share alike or should any of them be dead having issue such child or children to have the proportion their parent would have been entitled to, divided share and share alike amongst them. – To my daughter Catherine [12] I leave will and bequeath the sum of £1300 Sterling £500 of this sum is to be taken from the £1500 that is in the hands of Mr Waugh [13] on Mortgage on Sionhill [14] . – This sum of £1300 now left to her is to be placed out at interest on real security and none other, and the interest arising therefrom to be paid to her year & yearly for her maintenance & support and none other purpose, should she marry, her fortune must remain at interest, and the interest thereof paid year & yearly to her for her own use. In case of her having issue by any marriage she may Contract she may by Will leave the principal amongst them as she may direct, or should she die intestate her child or children if more than one to have it divided amongst them share and share alike; but should she die and not leaving any issue and she by my decease having been put into possession of said legacy it the principal to be divided amongst my other children share and share alike but should any of them be dead having left lawful issue such child or children to have their parents proportion divided amongst them share and share alike should she die unmarried it is in her own power to leave it to her brothers & sisters in such proportions as she may by Will direct, or to the child or children of any of them. Any Will she may make after attaining the age of eighteen is to be Considered as good and valid if then in possession of the bequest; To my son John [15] I leave will & bequeath the sum of £1300 Sterling, Five hundred pounds of this sum is to be taken from the money lent on mortgage to Mr Waugh on Sion hill property the remainder from other monies. – This sum of £1300 left to him is to be placed out at interest on real security and none other, and the interest arising therefrom to be appropriated to his maintenance clothing and education until he attains the age of 21 when he will be entitled to receive the principal. Should he die before he attains that age it is to be divided amongst his Brothers & Sisters share and share alike, but should any of them be dead and having left lawful issue such issue to be entitled to have their parents proportion divided amongst them share and share alike  But should his Guardians think it right & prudent to give a part of this money not to exceed £200 as an apprentice fee or to prepare him for business they are hereby authorized so to do. – To my son Wilson [16] I leave will and bequeath the sum of £1300 Sterling £500 of this sum to be taken from the money lent on Mortgage on Sion hill to Mr Waugh, - the other £800 from my other monies. – This sum of £1300 so left to him to be placed out at interest on real security and none other – the interest arising therefrom and thereout to be paid and go towards his maintenance clothing and education until he attains the age of 21 when he will be entitled to receive the principal – Should he die before he attains that age the principal is to be divided amongst his brothers and Sisters share and share alike, the child or children of any of them that may be dead to have the proportion that would have come to their parents divided amongst them share and share alike. But should his guardians deem it prudent & right to give a portion or part of the aforesaid £1300 but not to exceed £300 thereof as an apprentice fee or otherwise to fit him for business or a profession they are most fully hereby empowered so to do. Should any of my children be so imprudent as to marry before they attain the age of 21 and die before they arrive at that age, My Will and desire is that their wife & children if there be any should have the interest of the money left them paid annually to the mother & children for their Support during her life, and so long as she should remain a widow but should she marry another man then & in that case the interest to be paid annually  to the child or children until they attain the age of twenty one when each will be entitled to receive their proportion of the principal. My Household furniture plate books horse Car Gig &c &c I desire may be sold unless my children or the majority of them agree amongst themselves to divide them amongst them, or give them up to any one of them they may chuse he or she paying to each of the others such sum as they may agree upon, but if the majority that may be of age on my decease agree to have them sold it must be done but not otherwise, These things or the amount for which they may sell together with any other money or monies not before appropriated of which I may die possessed or am entitled unto, after deducting therefrom the sum of £100 which I leave will & bequeath to my brother John Gillmer [17] and which my Executors may give to him by annual instalments as they may judge prudent and should any part of it be left, to be given to his children at his decease. I also wish the poor of the parish of Dramara to get £10 and all my servants decent mourning. In case my sons John or Wilson on their Coming of age should shew great symptoms of extravagance or folly I do authorize and empower my Executors to withhold their fortunes or any part thereof they think proper but to pay them the interest regularly. Signed Sealed and executed this 27 day of August In the year of our Lord 1831 in the presence of the undersigned witnesses and who have in my presence and in the presence of each other subscribed & signed their names hereto (signed) E. B Gillmer (L.S.)  We the undersigned witnesses saw the Testator sign his name & affix his Seal to this Instrument ackowledging & declaring it to be his Last Will and Testament and he did in the presence of us and we in his presence and each in the presence of the others signed our respective names thereto this 27th day of August 1831 (one) (signed) John Young  Wm Coats  Robert Davison  - Codicil  This Codicil I deem it prudent & necessary to add to this my Will, That is to say that it is my will and desire that after the legacies bequeathed in this my Will to my children and that of £100 to my brother John & that to the poor of Dramara &c are paid & provided for, whatever surplus of property may remain unappropriated is to be divided amongst my children share and share alike But should it so happen by any unforeseen accident that the assets may not prove equal to the payment in full of the sum or sums herein left to them then and in that case a deduction of one seventh of the deficiency is to be deducted from the amount that is left to each child. – this I consider just as the four eldest have each of them received already from me £500 and is the reason why I have left them less than the three youngest. – Signed Sealed & declared by me to be a Codicil to this my Will this 24th day of April 1832 in presence of the undersigned witnesses each of whom have in my presence signed their respective names hereto and each in presence of each other (signed) E. B. Gillmer (L.S.) Signed Sealed and declared by the Testator to be a Codicil to his Will in presence of us this 24 day of April 1832 and signed by each of us in his presence and that of each other as subscribing witnesses thereto (sigd) Wm Coats John Young Rt Davison

180 West Regent Street Glasgow April 10th 1834 – As I propose going over to Belfast early in the ensuing week, I think it prudent to leave the following Statement of my affairs, and these my directions for the guidance of my Executors, and to which they are to attend as if they were inserted in the body of my Will which I made on the 27tth of Augt 1831 and Codicil added thereto bearing date 24 April 1832. – Since the making said Will & Codicil it has pleased God to remove my daughter Isabella and my son Wilson Consequently the money left to them becomes lapse and remains now at my own disposal  As I have left in my said Will Grovefield to James and as that place has since been sold, I do not mean to call upon him (or that he should be called upon) for any money I may have given him to Complete his education He is to have Kinnallen and the two hundred pounds as left to him in my Will and to have his full proportion of all money &c left after paying the legacies stated in my Will and other expences – Mary Gray is also to have what is left to her As I hereby Cancel all debts due to me by David And she is to receive her full proportion of the money that may be left after paying the sums in my Will stated and providing for and paying the expences that must be incurred in the Settlement of my affairs Funeral Expences &c by my Executors

In my Will I leave & bequeath to

 

 

To meet the Bequests &c there is

 

 

Mary Gray

£450

 

Mr Waughs Bond & Mortgage for

£1500

 

Eliza

600

 

Mr Wallaces [18] Do for

1500

 

James in addition to Kinnalen

200

 

Mr Mils [19] Do for £500 Irish or

458

 

Catherine

1300

 

Mr James &c Baxters Bond for

500

 

John

1300

 

In the Royal Bank Glasgow

260

 

The poor of Dramara

10

 

In Mr Goddards [20] hands in the Belfast Bank

202

..6..1

Wm Gamble [21]

5

 

Life Assurance for £3000 Irish

  2769

..-..-

My brother John or to his family

100

 

 

£7189

..6..1

Servants mournings say

8

 

 

 

 

Expences for settling my affairs

100

 

 

 

 

Funeral expences say

   100

 

 

 

 

 

£4173

 

 

 

 

But as my expences will exceed my annual income, I will so long as I live require at least £200 a year to support me and must be taken from the above Sum My watch chain & Seals, my Sword and Rifle and writing Desk I leave to John – My Plate furniture &c &c to be divided amongst all my children or sold as they may agree upon share & share alike (signed)

E. B. Gillmer

 



[1] Captain Eliezer Birch GILLMER (GILMORE, GILMER) Born 11 Sep 1762. Died 29 Jul 1834. HE was an officer in East India Company and fought at Seringapatam. H.E.I.C.S (Honourable East India Company Service). His wife was Rachel BIRCH, daughter of James Jackson BIRCH of Dromore, County Down and Mary KING. Rachael predeceased Eliezer by three years. I don’t know which regiment he served in, but The King’s Roayl Irish would be a place to start.

[2] Grovefield, Parish of Knockbreda. I don’t yet know the townland. It was a small farm 1 km. SE of Ballymacarret  I am guessing this means that now it would be in south east Belfast.

[3] James BIRCH (1808-1877) m Mary DOAK (1809-1882) NOTE: Mayfield was a farm 5km SE of Dromore which was the residence of James Gillmar Birch in 1846 [SOURCE: Ros Divies site]

[4] Elizabeth Jane BIRCH daughter of Eliezer Birch GILLMER

[5] Patrick Adair BLACK (1801-1876) husband of Eliza Jane GILMORE

[6] James BAXTER. NOTE: A Jane BAXTER married a John BIRCH before the birth of their daughter, Elizabeth BIRCH in 1733. There may be something of a familial connection here as well as the connection of friendship.

[7] Mary GRAY née GILLMER  married David GRAY August 20, 1822 at Dromara Presbyterian Church.

[8] David GRAY husband of Mary GILLMER.

[9] Kinallen is a townland of 660 acres in the Parish of Dromore, County Down. SOURCE: Ros Davies: a village & townland ;4km W of Dromara;660 acres; means ' the beautiful headland'; part of the ancient district of Kilwarlin; hill 628 ft here ; mill in 1836 ; river Lagan runs through: slander & poison 7 Dec 1844; Kinallen Hill Head Farm here

[10] James Jackson BIRCH (1740-1820) He was the minister at Ballynahinch Presbyterian church in 1776. He married a Mary KING, daughter of Rev John King . She died 22nd December 1796 aged 49. He was known as a Clergyman and Physician. He  resigned from age and infirmity in favour of his Grandson the Revd James Birch Black . d. 29 October 1820, aged 80.buried in the Meetinghouse Graveyard. [at Ballycloghan.] He bought his brother's (Rev. Thomas Ledley BIRCH) farm in 1798 when his brother had to flee the country.  SOURCE: Ros Davies.

[11] Isabella GILLMER daughter of Eliezer Birch GILLMER who died with a couple of years of the making of this will.

[12] Catherine Sarah GILLMER born at Moira, Co. Down in 1815. She married John ROCHE and had two children.

[13] NOTE: A G. WAUGH is shown to be living at Sion Hill in 1886. Also in the Breakey Memoirs, “Henrietta [BREAKEY]was married some years ago to a counselor, George Waugh, who inherits the estate of his ancestors at Drummara, County Down.” I don’t have their dates, but going from the dates of her father, they are the right generation for George WAUGH to be the son of the WAUGH who held the mortgage on Sion Hill.

[14] Sion Hill is one km. west of Hillsborough, County Down - just off the main road that runs between Lisburn and Bainbridge. 19th century spelling for Scion Hill; residence of Capt. E. B. GILMOUR in 1824 & G. WAUGH J.P. in 1886. SOURCE: Place Names of Northern Ireland- 4 volumes. Queens University, Belfast. 1996. Also Ros Davies site: Post Office Directory

[15] John BIRCH youngest son of Eliezer Birch GILLMER

[16] Wilson Mills GILMORE b. Oct 13, 1823. Died between 1832-34 aged nine or ten.

[17] John GILLMER b Sept 26, 1764. He had a son, Samuel GILMORE who would marry Jane COULTER whose son Eliezer would marry Sarah JACKSON and live at Liscalgot, Co. Armagh. The name of the wife of John GILLMER is not known to me.

[18] Mr. WALLACE.

[19] Mr. MILLS . The connection may be familial as a the middle name of a son of E/B/ GILLMER was MILLS (Wilson Mills GILLMER)

[20] Mr. GODDARD

[21] Wm GAMBLE

 

 

 

Site Map | Legal Disclaimer | Copyright

© 2006-2011 Sharon Oddie Brown