Last Will and Testament                                                       

Henry Oldridge, 3 x great grandfather of Henry Austin Lane - Generation 6.                                                                                                   

                                                                                                                                                                                                

Testator: Henry Oldridge.
Executors: Henry Oldridge and William Oldridge.
Residence: Ottery St. Mary, East Devon.
Proved: Archdeaconry Court of Exeter, August 27 1827.
Effects: Sworn under £100 (£5,255 today).

 

Probate


Appeared personally: Henry Oldridge of Ottery St. Mary in the county of Devon, cordwainer and William Oldridge of the same place, hairdresser.

 

This is a true and faithful transcription of the last Will and Testament of Henry Oldridge senior.

 

Executors named in the last Will and Testament of the said Henry Oldridge deceased who died on 31 day of July 1827 made Oath, that they have made diligent search and due enquiry after, and in respect of the Personal Estate and Effects of the said Deceased, in order to ascertain the full Amount and Value thereof; and to the best of their knowledge, information, and belief, the whole of the Goods, Chattles, and Credits, of which the said Deceased died, possessed within the Archdeaconry of Exeter (exclusive of what the Deceased may have been posssessed of, or intitled to as a Trustee for any other Person or Persons, and not beneficially, and without deducting any Thing on Account of the Debts due and owing from the Deceased, are under the Value of one hundred pounds to the best of these Deponents Knowledge, Information, and Belief. And the deponents lastly made oath that the said deceased was not possessed of or entitled to any Leasehold Estate or Estates for years either absolute or determinable on lives to the best of these deponents knowledge information and belief.

 

Henry was 28 years old, and William was 21 years old, when their father died.

 

Last Will and Testament

 

I Henry Oldridge of Ottery St. Mary, in the county of Devon, barber, do herby invoke all Wills Codicils and Testamentary Dispositions made by me at any time or times heretofore and do declare these to be my last Will and Testament. I give and bequeath unto my two sons Henry Oldridge and William Oldridge the Executors and Administrators. All my ready money Debts, Stock in Trade, Household Goods and Furniture and all other my personal Estate as which I shall be entitled to at the time of my decease.

 

Upon trust that they the said Henry Oldridge and William Oldridge or the survivors of them or the Executors or Administrators of such Survivors do and shall (if they or he shall think proper) immediately after my decease, or as soon after as conveniently may he sell and dispose of the same and call in and receive all Debts which shall be then due and owing to me. And do and shall share possessed of the monies which they shall so receive. Upon trust in the first place thereout pay and satisfy all my joint debts, Funeral and Testa inventary expenses. And after payment thereof do stand possessed of the residue or surplus (if any). Upon the Trusts and for the intents hereafter declared of and concerning the same.

 

Throughout this Will, it is clear that Henry entrusted his eldest sons with the disposal of his estate in an equitable manner which provided security for them and their siblings.

 

All I give devise and  bequeath unto and to the use of my said live sons Henry Oldridge and William Oldridge their heirs Executors Administrators and Assigns. All that Messuage or Dwelling House called or known by the name of the Volunteer Inn together with the Outhouses Offices Fixtures and Garden thereto belonging situate in Broad Street in the town of Ottery St. Mary aforesaid. Upon the Trusts henceafter declared of and concerning the same. And I do herby declare my will to be that Henry Oldridge and William Oldridge or the Survivors of them or the heirs Executors and Administrators of such Survivors do and shall share possessed of the said surplus of the monies to arise from the sale of my Personal Property. And the Rents soever and profits of the said Messuage or Dwelling House. Upon Trust that they my said Trustees or Trustee for the time being do and shall pay and apply the same.

 

Although Henry's profession was stated as 'barber' in his Will, he owned the 'Volunteer Inn' as a dwelling house at the time of his death. From parish and other formal records, it is known that until 1826 he had been running this massuage (dwelling place with outhouses and land) as a business.

 

For and towards the maintenance education and advancement of such of my children as shall be under the age of twenty one years, and unable to maintain themselves by their own labour. And do and shall permit the surplus (if any) to accumulate by placing it out at interest on good security or otherwise as they shall think fit until all my said children shall attain the age of twenty one years. And when and so soon as all my said children shall attain the full age of twenty one years then do shall absolutely sell and dispose of all of the aforesaid Messuage and Premises for the best price that can be gotten for the same and after paying off and discharging all Mortgages and Interest affecting the same do and shall divide the monies to arise therefrom and the said accumulated monies between the said Henry Oldridge and William Oldridge and all my other children which shall be then living share and share alike.

 

At the time of his death, 6 of Henry's 10 surviving children were under the age of 21 years, the youngest was only 4 years old.

 

Provided always that if any of my said children shall before all of them have attained the age of twenty one years, die leaving issue lawfully begotten the share of such child so dying shall go to his or her Executor or Administrators for the benefit of such issue. Provided also and it is my further will that it shall and may be lawful for any said Trustees or Trustee for the time being to sell and absolutely dispose of my aforesaid house and premises called the Volunteer Inn at any time after my decease and before all my said children shall have attained their full age of twenty one years if my said Trustees or Trustee for the time being shall think it expedient or more advantageous to themselves and my said other children. And do and shall invest the monies to use therefrom after payment of all Incumbrances affecting the earned on interest on good security until the time hereinbefore. Appointed for the division of the same aforsaid. And I do declare that the receipt or receipts of my said Trustees or Trustee for the time being shall be good and sufficient discharges for the monies in such receipts aforesaid to be received and that the person or persons paying the same shall not be obliged to see to the application or be answerable for the misapplication or non application thereof.

 

And that my Trustees or Trustee for the time being shall be at libel from and out of all or any part of the aforesaid Trust Monies to what their respective true costs and experiences in executing the Trust hereby in them reposed. And that neither of them shall be liable for any thing except their own wilful neglect and default. And I do hereby appoint the said Henry Oldridge and William Oldridge jointly Executors of this my Will. In witness whereof I the said Testator Henry Oldridge have to this my said Will written upon three sheets of paper to the first two sheets thereof set my hand, and to this third and last sheet thereof set my hand and seal this thirteenth day of December the year of our Lord one thousand eight hundred and twenty six.

 

Signed sealed published and declared by the said Testator Henry Oldridge as and for his last Will and Testament in the presence of us who in his presence and at his request, and in the presence of each other herewith subscribed our names as Witnesses.

 

Jonathan Toby
John Toby
John Bird

 

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