Benjamin Oliver will PRONI D1522/12/1 (a box full of documents from lawyer Kilpatrick)
Note: This will mentions only two sons - Andrew Bradford Oliver is not a son and belongs elsewhere. William is the elder of the two sons.
In the name of God, Amen. I, Benjamin
Oliver[1]
of Killynure[2] in the
County of Armagh Farmer do make and publish this my last will and testament in
manner and form following hereby revoking and making null and void all former
and other will and wills by me of any time heretofor made. I give and bequeath
all my property of any nature and kind soever and wheresoever situate both real
freehold and personal unto Thomas Simpson[3]
of the City of Armagh Flour merchant and his heirs upon the following trusts
and to and for the following uses and intents and purposes and none other that
is to say upon trust to permit and suffer my Exec’s hereinafter named and the
survivor of them as soon as convenient after my decease to sell and dispose of
all my moveable chattel property by public auction save and except such parts
thereof as are hereafter bequeathed to my wife and children respectively and
also to call in all my debts which shall be due and owing to me at the time of
my decease whether for arrears of rent or otherwise with power to my executors
and the survivor of them to sue for said debts respectively in their own name
and names in case of nonpayment thereof and I desire that my said executors and
the survivor of them after retaining such costs and expenses as they shall be
put to in the execution of this my will may out of the money arising from such
sale pay off and discharge all my just and lawful debts and funeral expenses
and if the produce of said sale shall be insufficient for that purpose that the
deficiency shall be made up out of the rents issues and profits of my landed
properties proportionately but my will is and I do therefore order and direct
that such rents issues and profits shall not be resorted to for payment of my
debts or funeral expenses unless the produce of my moveable chattel property
shall be found insufficient for the payment and discharge thereof as aforesaid
and if the produce of such moveable property shall exceed the amount of my
debts and funeral expenses then and in that case I desire that the surplus
thereof shall be put out to interest by my said executors or the survivor of
them for the use and benefit of my two sons Thomas[4]
and William Oliver[5]
and divided equally between at their respective ages of 21 years and if either
of them shall die before attaining that age the whole thereof to become
property of the survivor and paid over to him accordingly. I desire that my
dearly beloved wife Elizabeth Oliver[6]
otherwise Bradford may receive and be entitled to all the articles of
furniture which she brought to me of her own or which were her own
property before our own intermarriage and that a feather bed bedstead curtains
blankets and bedding complete may be reserved for each of my two sons and not
be sold by Auction along with the rest of my furniture. I give and bequeath to
my said wife and do order and direct my said Trustee his heirs Exec’s to permit
her and suffer her to remain receive the rents issues and profits of my
holding in the Townland of Maghery Kilcrany[7]
in the County of which I hold by lease for years renewable under the
Representatives of the late Dillon Pollard[8]
for and during the natural life of my said wife in full heir and [bar] of all
dower or thirds of common law which my said wife she might otherwise
claim or be entitled to out of all or any part of the properties real freehold
or personal which I shall die [seized?] possessed of or entitled unto I give
and bequeath to my eldest son William Oliver and I do order and direct
my said Trustee his heirs execs and admins to permit and suffer him and her to have
hold occupy possess enjoy and be entitled unto the whole of my farm in the
Townland of Killynure in the said County of Armagh which I hold by lease
with [totus?][quoties?] covenant of renewal under John Pringle[9]
Esquire and also one half of my freehold property according to quantity annual
value and quality in the Townland of Knockagraphy[10]
in said County which I purchased from the Revd Francis Gervais[11]
and also after the decease of my said wife my said holdings in Maghery
Kilcrany and to hold the said several lands and premises bequeathed
in trust as aforesaid to my said son William Oliver for and during the
term of his natural life without impeachment of waste but I do hereby restrain
him from selling mortgaging or otherwise selling or encumbering all or any part
of said premises save by making such leases thereof as hereinafter mentioned
and do declare that should he presume to act contrary to this restriction such
sale mortgage or encumbrance shall be utterly null and void and that he shall
moreover forfeit and pay the sum of £100 Sterling to and for the use of his
brother Thomas Oliver and from and immediately after the decease of my
said son William Oliver I do hereby order and direct that the different
properties hereinbefore bequeathed in trust for him during his life shall go to
and be divided among his issue lawfully begotten in such shares and proportions
and under and subject to such restrictions as he shall by deed or will executed
in the presence of two or more credible subscribing witnesses direct limit and
appoint and for want of such appointment the same and every part thereof to go
and be equally divided among such issue
share and share alike at their respective ages of 21 years or days of marriage whichever
shall first happen and if my said son William shall have but one child
who shall attain that age or be married the whole of said properties so as
aforesaid bequeathed to my said son William for life to go to and become
the sole property of that one child whether male or female and if my said son
William shall die without leaving such lawful issue who shall attain the age
aforesaid or be married that then and in that event all the said properties
bequeathed to him and his issue shall go
to my son Thomas Oliver for life with remainder to his issue in
the same manner and subject to the like forfeiture and restrictions as the same
hereinbefore bequeathed [?and]. In trust for may said son William Oliver
and issue to order and direct give and bequeath to my said son Thomas
Oliver and I do order and direct my said Trustee his heirs execs and admors
to permit and suffer him to have hold occupy possess enjoy and be entitled unto
the other half of my freehold in Knockagraphy according to quantity
annual value and quality and also my farm and holding in Lisdrummond[12]
in said County of Armagh which I hold by lease for years renewable under the
representatives of the late Roger Forde[13]
Esq. For and during the term of his of
his natural life with remainder to his issue lawfully begotten in such manner
and under and subject to such forfeiture and restriction and upon the same
terms and conditions in every respect that the said other half of my holding in
Knockagraphy and my holdings in Killynure and Maghery Kilcrany
and hereunbefore bequeathed and limited to my said elder son William Oliver
and his issue and for default of lawful issue of my said son Thomas Oliver
who shall attain the age of 21 years or be married that then and in that
event the properties hereinbefore bequeathed to him shall go to my said son William
Oliver for life with remainder to his issue in the same manner and under
and subject to such restrictions as aforesaid and in default of lawful issue of
both of my said sons who shall attain such age as aforesaid or be married I do
hereby give and bequeath all my said properties unto my two brothers William
Oliver[14]
and James Oliver[15]
and my brother-in-law John McCullagh[16]
and to their several and respective heirs execs and ors and assigns in equal
shares and proportions I empower my execs and the survivor of them to make
leases of my said landed properties during the minority of my said two sons.
But no longer and empower my said sons when they shall respectively be in
possession of the premises bequeathed to them under this my will to make leases of the freehold properties
hereby bequeathed to them respectively for 3 lives or 31 years determinable and
of my chattel properties for 21 years determinable but no longer provided
always that such lease and leases shall be made in possession but not in reversion
at the best and most improvements that can for the time being be had or gotten
for the same respectively without taking any fine or other consideration for
the making thereof respectively and provided no leases therein named shall
execute and deliver counterparts of such leases I empower my executors and the
survivor of them and the execs or admins of such survivor to lay out and expend
any sum not exceeding £40 annually on the maintenance clothing and education of
each of my said two sons until they shall respectively become entitled to
possession of the premises hereinbefore bequeathed to them as aforesaid such
yearly allowances to be deducted out of the rents issues and profits of the
properties hereinbefore bequeathed to my said sons in equal shares and
proportions which rents issues and profits are to be and I desire that the
same may be received by my said
executors and the survivor of them during the minorities of my said sons and
the surplus thereof (after deducting what shall be in the interim expended on
my said sons as aforesaid) placed out at interest and divided between my said
sons share and share alike at their respective ages of 21 years or days of
marriage and if either of them die before that time the whole thereof to be
paid to the survivor and if they shall both die without attaining said age and
unmarried I order and direct that the surplus and savings of said rents issues
and profits unto my said two brothers William and James Oliver
and my said brother-in-law John McCullagh and to their several and
respective execs and assigns in equal shares and proportions and as to all the
rest residue and remainder of my properties of every nature and kind soever and
hereinbefore bequeathed and dis[]ed of I give and bequeath the same unto my two
sons share and share alike William and James Oliver Executors 22nd
October 1813. I approve of the above and order it to be engrossed accordingly
22nd October 1813. Present Richard Murray[17],
Henry Campbell[18], Thomas
Appleby[19]
Benjamin Oliver.
Here I ran out of time at the start of page 6.
Page 9
..... proving in solemn form of Law the draft of the last will and testament of Benjamin Oliver late of Killynure in the County and Diocese of Armagh farmer deceased as also a draft of a Deed of trust prepared and drawn out by the instructions of the said deceased which lately depended before him in judgement between William Oliver and James Oliver the executors in the said draft of the will named the part is promoting the said business of the one part and Andrew Coulter Bradford the Curator or Guardian lawfully appointed of Thomas Oliver, Elizabeth Oliver, Andrew Oliver and Mary Jane Oliver minors children of the said deceased and William Oliver Junior also a son of the deceased but of full age. The parties against whom the said business was promoted of the other part rightly and duly proceeding did recid sign and promulge a certain definite sentence in writing whereby he pronounced decreed and declared that the said Benjamin Oliver deceased whilst living having a mind and intention to make his last will and testament in writing and being at such time of sound and disposing mind memory and understanding did accordingly on or about the 22nd day of October 1813 in presence of faithworthy witnesses sign his name and express his approbation of a certain paper writing containing a draft of his last will and testament a copy of which [draft of will and Deed of Trust] are hereunto annexed and that the said deceased did give will devise dispose and do in all things as in said draft of will and draft Deed of Trust is contained and did direct that the aforesaid William Oliver and James Oliver should be appointed as executors thereof and did decree for the force and validity of said draft of will and draft of Trust Deed and every part thereof to all intents and purposes in Law and did approve of and receive the same (Justice so requiring) WE therefore grant the [bur?]then of the said will in the aforesaid William Oliver Junior the natural and lawful son of the said deceased and a legatte in said will named (the Executors having by instrument in writing under their hands and seals now on Record on the Registry of the Consistorial Court of Armagh renounced the burthen of the execution thereof) he being fist sworn on the Holy Evangelists well and faithfully to administer and dispose of all and singular the goods rights credits and chattels of the said deceased and to perform the said will and deed of Trust and to pay the debts and legacies of the said deceased as far as such goods rights and chattels will thereunto extend and the Law charge as also to make a true free and perfect inventory of all and singular the goods rights credits and chattels of said deceased and to exhibit the same and also to render a true free and perfect account thereof unto the said Court when thereunto lawfully required (saving the rights of all persons whatever) In Faith and Testimony whereof we have caused the seal of our said Court to be affixed to these presents the 1st day of March in the year of our Lord 1832
[1] Benjamin OLIVER (b. abt 1765-d. July 1, 1831), grandfather of Sir Thomas JACKSON
[2] Killynure, Co. Armagh is a townland where Benjamin OLIVER held a lease which passed through his daughter Elizabeth to his granddaughter Bessie JACKSON who married Thompson BROWN(E)
[3] Thomas SIMPSON? This is a curious bequest. NOTE: James OLIVER, a son of Benjamin OLIVER of Lislooney married Letitia SIMPSON on June 17 1830. SOURCE: Belfast Newsletter. At Killeen cottage on Thursday 17th inst by the Rev P. S. HENRY, James OLIVER of Lislooney to Letitia, younger daughter of the late William SIMPSON of Cavancaw.
[4] Thomas OLIVER – I have no record that he ever married or had issue. Born bef. 1813- d. 1867
[5] William OLIVER – I have no record that he ever married or had issue. Born bef 1811 - d. 1873.
[6] Elizabeth (née BRADFORD) OLIVER (1785-1825), the daughter of Thomas BRADFORD & Elizabeth BREAKEY of Cavananore, Co. Louth.
[7] Maghery Kilcrany, Co. Armagh was also a townland where the MENARY family were prominent. It is right beside Killynure.
[8]Dillon POLLARD SOURCE: http://freepages.family.rootsweb.com/~ricksgenealogy/castlepollard_pollards.htm Walter Pollard, junior, served in the army of Charles I., and, though attached to the cause of the Stewarts at that period, he joined the forces of William III. against James; and was appointed a Commissioner for raising supplies in Westmeath in the years 1695, 1697, and 1698. He represented the County in Parliament, and was High Sheriff in 1692. This gentleman married Elizabeth, daughter of Arthur Dillon, of Lismullen, Co. Meath, and had one son and one daughter. Dying in 1718, he was succeeded by his son, Dillon Pollard, of Castle Pollard, Barrister -at-Law, and M.P. for Westmeath. Dying without issue, his sister and heir, Letitia Pollard, of Castle Pollard, married in 1696, Major Charles Hampson, High Sheriff, Co. Cavan, 1698 and 1715, and for Westmeath in 1729. Major Hampson assumed the name and arms of Pollard, and died on the 1st August, 1729. His eldest son, and successor, Dillon Pollard of Castlepollard
[9] John PRINGLE – see deeds http://www.user.dccnet.com/s.brown/documents/DeedRegistry/1807May8_Pringle_Oliver.htm
[10] Knockagraphy is a townland in the Parish of Eglish, Co. Armagh – the fact that he had freehold land here is also worth pursuing, although it may be that I don’t understand something here as the name “Knockagraphy” comes up in charts on Freehold records relating to Killynure.
[11] Rev. Francis GERVAIS? Of interest is the name Gervais WALKER with respect to a lease for Ballynahonemore as well as deeds for GERVAIS-DOBBIN & GERVAIS-WILLIAMS for Ballynahonemore. (David OLIVER married Susannah WALKER is the connection here).
[12] Lisdrummond, Prish of Lisnadill, Co. Armagh
[13] Roger FORDE?
[14] William OLIVER – Later referred to as being of the City of Armagh, gentleman. William, James and Benjamin are all sons of William OLIVER and Elizabeth STEEL of Ennislare, Ballyrea & Farmacaffley.
[15] James OLIVER
[16] John McCULLAGH is the husband of Jane OLIVER, a sister of Benjamin OLIVER. There is a John McCULLAGH who is a son of Jane REED of Slieveroe and Thomas McCULLAGH of Derryvalley, Co. Monaghan who is a possibility.
[17] Richard MURRAY
[18] Henry CAMPBELL
[19] Thomas APPLEBY
[20] Andrew Coulter BRADFORD (1788-1847), brother of Elizabeth BRADFORD
[21] Eliza OLIVER (1815-1903)who would marry David JACKSON and become the mother of Sir Thomas JACKSON
[22] Mary Jane OLIVER (1821-1875) who would live at Cavananore and die unmarried