1832 March 1 Proving of Benjamin Oliver will

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 toties 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 22^nd October 1813. I approve of the above and order it to be engrossed accordingly 22^nd October 1813. Present Richard Murray [17] , Henry Campbell [18] , Thomas Appleby [19]

Benjamin Oliver.

This Deed of Declaration of a Trust  Made entered into executed and declared the _____ day of ____ in the year of our Lord 1825. By and between Benjamin Oliver of Killynure in the County of Armagh farmer of the one part and William Oliver of the City of Armagh Gentleman brother of the said Benjamin Oliver and Andrew Coulter Bradford [20] of Cavananore in the County of Louth Gentleman brother-in-law of the said Benjamin Oliver of the other part. Whereas Eliza Oliver [21] and Jane Oliver [22] the two youngest daughters of the said Benjamin Oliver are minors under the age of 21 years and are at present unprovided for and in order to secure a certain provision [pension?] and portion for each of them the said Benjamin Oliver hath executed his Bond payable to the said William Oliver and Andrew Coulter Bradford with warrant of Attorney for confessing Judgement thereon bearing date respectively the day next before the day of the date of these presents the said Bond being in the penalty of £800 Sterling conditional for the payment of the said sum of £400 but without any interest for same unto the said William Oliver and [p6] ...

Here I ran out of time at the start of page 6. Four years later, Linda Leonard picked up the torch and transcribed the section beneath which is italicized. Thank you, Linda!

Transcribed by Linda, 2009. 4 1/2 pages precedes deed (NOTE: I deleted the first paragraph where our transcriptions overlapped)..

... Andrew Coulter Bradford their exors admons and assigns the first day of _____ which will be in the year 18 ____ and whereas the said Bond was given and executed unto the said William Oliver and Andrew Coulter Bradford upon trust and to the intent that the money hereby secured should be applied in manner hereinafter for that purpose mentioned expressed and declared of and concerning the same and in no other manner and to no other purpose whatsoever. It is therefore covenanted concluded declared and agreed upon by and between all the parties to these presents for themselves severally and respectively and for their several and respective exors admons and assigns that the said Benjamin Oliver his heirs exhors admons and assigns shall not be called upon/proceed against judgment of all/any part of the pound sterling secured by said Bond with the intermarriage of one of his said two daughters but that thereupon a sum of £200 being one half of [?] money so as aforesaid secured shall be called on and paid as a portion with such of the said Benjamin Oliver's said two children as shall first intermarry provided such his Bond as she shall intermarry with shall secure a jointure for her in the event of her surviving him to such amount and in such manner as the said Benjamin Oliver or such other person/persons as he shall by writing under his hand/by his last will and testament in writing for that purpose dispute and acquit and in default of such an appointment for such amount and in such manner as the said William Oliver and Andrew Coulter Bradford or the survivor of them/the appointee/appointees of such survivor's shall for that purpose depute and appoint and on the intermarriage of the other of the said Benjamin Oliver's said two daughters the sum of £200 being the remaining half of the pound sterling secured by said Bond shall be paid as a portion with her provided such husband as she shall intermarry shall secure a Jointure for her in the event of her surviving him to such amount and in such a manner in every respect as is hereinafter expressed and maintained with respect to such of the said Benjamin Oliver said two daughters as shall first intermarry provided always that nonetheless that nothing between herein contained shall bar hinder/ prevent the said Benjamin Oliver from paying the said several and respective sums of £200 as portions with each of his said two daughters without having

any provisions/fortunes secured for them in case he shall think proper to do so but in no case ? such person/persons as he shall depute and appoint as aforesaid/ in default of such appointment in case the said William Oliver and Andrew Coulter Bradford/ the survivors/survivor of them/ the appointee/appointees of such survivor shall require such fortune/ fortunes to be secured as aforesaid the same must be secured accordingly/ in default thereof that such husband/ husbands as the said two daughters shall intermarry with as aforesaid whose shall refuse [?]/ decline to secure such jointure's shall severally and respectively be entitled to then the interest of said sum of £200 during his/their life/ lives and the principal put out to interest for that purpose by and in the name and names of the said William Oliver and Andrew Coulter Bradford/ the survivor of them/ the appointees of such and in the case of the death of both/ either of such husband/ husbands in the lifetime of their several and respective wives and namely the said Eliza Oliver and Mary Jane Oliver the principal pound sterling shall immediately thereupon become the property of the wife of such husband/ husbands as shall refuse [?]/ decline to secure such jointure/jointure's as aforesaid it being deemed necessary to use the precautions aforesaid of having jointure secured for the said Eliza Oliver and Mary Jane Oliver severally and respectively in order to guard against them being reduced to indigents/want of common necessities in case they/either of them shall survive such husband/husbands as they shall severally and respectably intermarry with and it is hereby covenanted and agreed upon by and between all the parties hereto for themselves severally and respectively and their several and respective exors and admons that in case it shall appear to the said William Oliver and Andrew Coulter Bradford/the survivor of them/the appointee/appointees shall require unreasonable/inequitable jointures to be secured for both/either of his said two daughters for the purpose of evading payment of the pound sterling secured by said Bond it shall and may be lawful to and for them the said William Oliver and Andrew Coulter Bradford

and the survivor of them and the appointees of each survivor to proceed for recovery thereof and pay the same as portions with the said Benjamin Oliver's said two daughters share and share alike that is to say the sum of £200 each of them as aforesaid upon getting such jointure's secured for each of them as the said William Oliver and Andrew Coulter Bradford/the survivor of them or the appointees of his such survivor shall conceive and determine upon to be fair and reasonable and it is further covenanted and agreed upon by and between all the said parties to these presents for themselves severally and respectively and for their several and respective exhorts and admons assigns and in case anyone of the said Benjamin Oliver's two daughters shall die without being lawfully married the sum of £200 part of the pound sterling secured by said Bond shall thereupon either cease to be payable/receivable/else be at the absolute dispersal of the said Benjamin Oliver his exhorts admons & assigns and in case they shall both die without being lawfully married the said Bond and Warrant and also these presents and everything therein and herein respectively contained shall be utterly null and void to every intent and purpose whatsoever and shall respectively be canceled everything therein respectively contained to the contrary thereof notwithstanding ? Witness whereof the parties aforesaid have herewith set their hands and seals the day and year first hearing written.

To follow 1 1/2 pages reference will 1.3.1832. George Miller. (the original transcriber)

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 22^nd 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 1^st day of March in the year of our Lord 1832