The Silver Bowl: Will of William OLIVER 1873

William OLIVER will probate 1873

NOTE: This will was contested, likely because of the death of a key trustee, William MENARY, and a clerical error within his marriage agreement as well complications arising from some of the land dealings of William COUSER which I have yet to verify. For details of this legal case see:

The Belfast News-Letter (Belfast, Ireland), Wednesday, April 28, 1875; Issue 18643. http://www.thesilverbowl.com/documents/newsclippings/1875Apr28-OLIVERvCOUSER.html
1874 Oct 15 letter from Eliza JACKSON to Sir Thomas JACKSON which mentions that his brother Andrew OLIVER launched a lawsuit, and his son Benjamin was acting on behalf of that branch of OLIVERs. http://www.thesilverbowl.com/letters/1874October15-ElizaJACKSON-Thomas.html
Problems in the will of Benjamin OLIVER (1765-1831) set the stage for this conflict, I suspect because he left his youngest son, Andrew Bradford OLIVER unmentioned. http://www.thesilverbowl.com/documents/1832Mar1-Will-BenjaminOliver.htm
A possibly related lawsuit March 17, 1875 http://www.thesilverbowl.com/documents/1875-Courtcase-Menary-Jackson.htm

In the name of God, amen. I, William Oliver[1] of Killynure in the County of Armagh, farmer, do hereby make and publish this my last will and testament in manner and form following, that is to say, give demise and bequeath all the property of every description of which I shall be possessed to William Couser[2] of Armagh in the County of Armagh, merchant and William Menary[3] of Maghery in the County of Armagh, farmer whom I hereby appoint trustees and executors of this my will, upon the trusts hereinafter mentioned, that is to say, upon trust, to sell the lands and heritaments belonging to me by public auction and collect the debts due to me, and realize my personal estate and effects, and after payment of the produce of the sale of such lands and hereditaments and the collection of the debts due to me, and the realization of my personal estate and effects, of my debts, funeral, and testamentary expenses, and the expenses connected with such sale of said lands and heritaments, to divide the balance of such produce, collection, and realization, after payment of the sum of fifty pounds which I hereby bequeath to my housekeeper, Sarah Rock[4], in equal shares amongst such of the following persons (my nephews and nieces) as shall be living at the time of my decease, viz. Benjamin Oliver[5], Martha Oliver[6], Margaret Oliver[7], Bradford Oliver[8], John Jackson[9], Elizabeth Brown[10], otherwise Jackson, Thomas Jackson[11], Mary Menary[12] otherwise Jackson, Andrew Jackson[13], Sarah Jackson[14], Margaret Jackson[15], James Jackson[16] and David Jackson[17] and I appoint the said Benjamin Oliver, Martha Oliver, Margaret Oliver, Bradford Oliver, John Jackson, Elizabeth Browne otherwise Jackson, Thomas Jackson, Mary Menary otherwise Jackson, Andrew Jackson, Sarah Jackson, Margaret Jackson, James Jackson, and David Jackson my residuary legatees in equal shares.

Dated this 11th day of October in the year of our Lord, 1873.

William Oliver.

Signed, published and declared by the said testator, as, and for his last will and testament in presence of us, being both present at the same time, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses thereto.

Alexander McComb, solicitor, Armagh.

John P. Kearney, clerk to Alexander McComb, solicitor Armagh.

Five folios. This will proved on the 11th day of November 1873. See probate book page.

[1] William OLIVER (abt 1810-1873)/ According to Blin Brown’s research done in the 1930s, he died “unchurched”. I note that Blin does not say “unmarried”, so it is possible that he had some marital-like relationship that we have no record of.

[2] William COUSER.

· A William COUSER died 1922, possibly a son.

· In the 1911 census, there was a Mary Jane wife of William Couser, Ballymoran Lisnadill, aged 53 married 26 years 3 children.

· I know little of this person or his exact connection to the family. There is a mention of a William Couser serving in the jury for the County Armagh Assizes July 22, 1859 SOURCE: Portadown Weekly News, July 30, 1859.

· There is also a William Couser resident at Killynure mentioned in the 1876 Armagh Landowners List as owning 13 acres (John Couser Sr. also of Killynure owned 13 acres.

· An LDS entry shows: John McWatters Couser, b. 5 Feb 1870, Fa: William Couser, Mo: Anna McWatters, Killynure, Armagh, Co. Armagh. Also, Letitia Couser, b. 8 Jan 1869, Father: John Couser, Mother: Margaret McKew, Killynure, Co. Armagh.

· From Griffith Valuation, 1848-1864, Armagh Civil Parishes, 1864 there are 5 COUSER households in Lisnadill (SOURCE: http://couser.50megs.com/custom2.html )

· He is also mentioned as a major property owner in Bassetts Guide to County ARMAGH 1888-1889.

· The bus stop at the corner of the road near the entrance of the driveway to Killynure is called Couser’s Corner. COUSERs and MENARYs intermarried.

[3] William MENARY, husband of Mary JACKSON, a niece of William OLIVER. The fact of his death February 7, 1874 was likely a complicating factor.

[4] Sarah ROCK. The ROCK family name is well established in the area. many from Cladybeg. Sarah ROCK was mentioned as a sponsor in the baptisms of some of the children of John OLIVER (1841-1909) and Margaret ROCK (abt 1837-1905). This Sarah ROCK was still alive in 1879 - assuming that the housekeeper Sarah ROCK was the same Sarah ROCK who sponsored the children of Magaret ROCK. My hunch is that WIlliam OLIVER's housekeeper was the Sarah ROCKS who died Dec 11, 1884 at Ballynagilliagh, Parish of Lisnadill, Co. Armagh. She was described as a spinster farmer, and James ROCK was present at her death. She died of a "malignant disease of the stomach". Ballynagilliagh is halfway between Keady and Armagh City.At time of Griffiths, a Mary ROCKS and Mary ROCKS jr were lessees there.

[5] Benjamin OLIVER (aft 1844-aft 1874) a nephew, and eldest son of Andrew Bradford OLIVER and Anne HANNA.

[6] Martha OLIVER (abt 1844-1872) eldest daughter of Andrew Bradford OLIVER and Anne HANNA.

[7] Margaret OLIVER (1853-1881) daughter of Andrew Bradford OLIVER and Anne HANNA.

[8] Andrew Coulter Bradford OLIVER (1859-1899) son of Andrew Bradford OLIVER and Anne HANNA.

[9] John JACKSON (1839-1886), eldest son of Eliza OLIVER (sister of testator) and David JACKSON.

[10] Elizabeth BROWN née JACKSON (1843-1923), daughter of Eliza OLIVER (sister of testator) and David JACKSON.

[11] Thomas JACKSON (1841-1915) Sir Thomas JACKSON, son of Eliza OLIVER (sister of testator) and David JACKSON.

[12] Mary MENARY née JACKSON (1844-1921), ), daughter of Eliza OLIVER (sister of testator) and David JACKSON.

[13] Andrew Coulter Bradford JACKSON (1846-1929), son of Eliza OLIVER (sister of testator) and David JACKSON.

[14] Sarah JACKSON (1848-1942), ), daughter of Eliza OLIVER (sister of testator) and David JACKSON.

[15] Margaret JACKSON (1853-1944), ), daughter of Eliza OLIVER (sister of testator) and David JACKSON.

[16] James JACKSON (1850-1925), son of Eliza OLIVER (sister of testator) and David JACKSON.

[17] David JACKSON (1858-1903), son of Eliza OLIVER (sister of testator) and David JACKSON.