Tuesday, April 21, 2009

Will of Timothy Oakley, written in 1821


This is the last will and testament of me, Timothy Oakley, of English Frankton, in the parish of Ellesmere in the County of Salop, gentleman.
First I direct all my just debts, funeral expenses and the costs and charges of proving this my will to be fully paid and satisfied by out of my personal estate if sufficient.

And I give devise and bequeath unto my dear wife Elizabeth all my moity or half part of the messuages, lands and hereditaments which I lately purchased off from Mr. John Griffith and Jane his wife and also all those cottages and land and other hereditaments which I which I heretofore purchased and which said premises are all situated in English Frankton aforesaid and all other my real estate whatsoever to hold this unto and to the use of my dear wife, her heirs and assigns upon trust to obtain a conveyance of the moity of the said hereditaments and premises purchased from Mr. John Griffith and Jane his wife and to get in the legal estate through and by mortgage of all or any part or parts of my said estate and premises hereby devised as aforesaid to raise so much money for payment of my debts and other debts as my said personal estate shall fall short of paying and pay thereout and all debts and charges attending the same and afterwards the remainder of my own debts and also the debts and sums of money which I have bound myself to pay in and by the articles for the purchase of the said moity – and subject to the payment of this and debts and sums of money I give and devise the whole of my real estate aforesaid unto my dear wife and her assigns until my son John Bourne shall attain his age of twenty three years and in case he shall live to arrive at that age then I give and devise the same several messuages and moity until the appurtenances ___ to my said son, his heirs and assigns for _____ only _______ and charged with the payment of my said debts and any debts aforesaid.

And I do give devise and bequeath all my leasehold and personal estate and effects of what nature or kind soever and whatsoever unto my said dear wife to be by her used and enjoyed in such manner as she thinks fit until my said son shall arrive at the age of twenty three years with______ in carrying on the farming business to sell and exchange my stock and produce as she shall think fit and on my son arriving at the age of twenty three years I give devise and bequeath the same to him for his own use and benefit provided he pays or secures to be paid so much of my said debts and the debts I have contracted to discharge as then remain unpaid by and out of the real and personal estate duly by me given to him as aforesaid and indemnifies his mother’s moity of the same hereditaments and premises at Frankton aforesaid therefrom
And in case my said son shall depart this life before he attains his age of twenty three years I give devise and bequeath all my said real leasehold and personal estates and property unto my dear said wife , her heirs, executors and administrators for ever recommending her, my said dear wife, nevertheless to dispose of some part thereof or such part or parts as she thinks fit among such of my own relations as shall be living at her decease and to such of any said relations as she thinks to propose and I do duly declare that the receipt or receipts of my said dear wife shall be sufficient discharge for any sum or sums of money in any such receipt or receipts to have been received and the mortgage or mortgages of all or any part or parts of my said estates shall not be compellable to see to the application of the money to be by them or any of them at nor be answerable or accountable for the misapplication or nonapplications thereof And I herby appoint my said dear wife sole executrix of this my will all former wills by me made. In witness whereof I have pen to set my hand and seal as follows to the two first sheets and this sheet my hand only and to this last sheet my hand and seal the twenty eighth day of May 1821.
Timothy Oakley

Signed, sealed, published and declared by the said testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto. W. Egerton Jeffreys
Samuel Williams,
John Jukes,servant to Mr.Oakley

Additional two sheets of paper accompanying the will of Timothy Oakley:

“ Will in the Bishop’s court of Lichfield.
In the goods of Timothy Oakley, deceased.

Appeared personally Elizabeth Oakley of English Frankton in the parish of Ellesmere in the county of Salop, widow, the sole executrix named in the last will and testament of the said Timothy Oakley late of English Frankton in the parish of Ellesmere in the county of Salop aforesaid, farmer, deceased, and made oath that the Estate and effects of the said deceased…….are under the value of fifteen hundred pounds to the best of this deponents knowledge, information and belief.

Sworn on the 15th day of December , 1821, before me, Richard Walker.
Elizabeth Oakley.”

From the final document attached to the will:-

“ QRY: When he died?
ANS: 29th June, 1821.
On the thirteenth day of December 1821 this commission was duly executed and the said Elizabeth Oakley was duly sworn according to the above oath before me, Richard Walker, Commissioner.”

Timothy Oakley wrote the above will on May 28th, 1821, just 32 days before his death.

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