Quaker Family History Society

Will of William COOPER , Gentleman of Southport, Lancashire.

Will 27 June 1866  Codicil 6 June 1867   Probate 26 July 1871

Summary.

Biographical Notes.

·         Parents: Daniel Cooper (1765-1832) and Elizabeth (nee Phipps) (1768-1836) of Stockport, Cheshire, Hat manufacturer.

·         Date of Birth: 18 December 1791 at Stockport, Cheshire.

·         Profession: Bank Manager

·         Marriage: Jane Scarth Thornhill on 24 August 1825 Friends’ Meeting House, Whitby, Yorkshire. 

·         Meetings: Malton MM, Pickering MM, Balby MM, and Liverpool MM.

·         He lived in Stockport, Whitby, Doncaster, Great Ayton and Southport.

·         Date of Death: 30 June 1871 at Southport, Lancaster

·         Buried: 6 July 1871 at Trinity Church, Southport (Quaker Burial note)

·         He and Jane had fourteen children, four of whom died in infancy.

Highlights of Will

·         Name of Executors: Frederick Cooper, son, of 28 Brown Street, Manchester, Merchant.  He swore an oath, so had left the Friends by this time.   The other Executor named in the Will, Henry Wilson renounced his executorship.

·         He left the household goods to his wife Jane Scarth Cooper.

·         He left dividends to his three surviving daughters, two of whom had married by 1866.

·         He left the residue of his estate to his seven surviving sons.

·         In his codicil the legacy to his son Edmund was revoked as Edmund had become bankrupt owing his father money.

Transcriber’s and Editor’s Notes

This is one of a number of Cooper family wills.

Will as transcribed from a copy of the original document

(Original line and page breaks preserved as far as possible)

This is the last Will and Testament of me I William Cooper of

Great Ayton in the County of York do hereby give bequeath and devize all my

estate and effects whatsoever and of every kind that may be mine at my decease

unto my Son Frederick Cooper of Manchester and Henry Wilson of Eller Lea Kendal

their heirs executors administrators and assigns upon the trusts following First I

hereby direct them to give up to my Wife Jane Scarth Cooper all the household

furniture linen china and glass and also all the plate for her use and benefit

during her lifetime and at her decease to be divided according to her written will

and appointment among my children but if she fails so to appoint then and in

that case I hereby give to my said trustees full power to divide it among my

children in such proportions as they shall think best Secondly I direct my said

trustees or trustee for the time being to sell and convert into money all my bank

and other shares with all other property that I may die possessed of be entitled

to as early as they can conveniently do so but within twelve months after my

decease at the latest and pay all my debts testamentary and other expenses

incident to the execution of the trusts of this my Will and all legacy duties

accruing under the bequests of this my Will Thirdly I direct my said trustees

to purchase twenty four ordinary shares of twenty five pounds each fully paid up

in the Stockton & Darlington Railway Company and to hold them in trust for

disposal as hereinafter directed paying the dividends half yearly to my three

daughters Eleanor Burch Martha Jane Shaw and Elizabeth Ann Cooper in

equal shares so long as they respectively may live without power of alienation

or anticipation by them and I hereby declare that their respective receipts alone

shall be an effectual and valid discharge to my trustees under all

circumstances On the decease of any of my said daughters and whenever such

an event happens I direct my said trustees to sell eight of the aforesaid

twenty four shares and to pay or apply the proceeds of such sale unto or for

the benefit of the child or children of such deceased daughter in equal shares

if more than one and in the case of any infant legatee either in one

sum or in various sums and at such intervals of time as they in their

discretion may deem most advantageous to such child or children And in

case of any of my said daughters dying and leaving no child or children

then and in that case I direct my said trustees to sell the said eight

shares and to divide the proceeds equally among my surviving Sons Fourthly

I further direct my said trustees to purchase twenty more shares of twenty

five pounds each in the Stockton & Darlington Railway upon trust to pay the

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dividends thereof half yearly to or for the benefit of my daughter

Elizabeth Ann Cooper so long as she may live and in such sums as they

in their discretion may think best And at her decease I direct my said

trustees to sell the said twenty shares and to divide the proceeds among

my surviving sons in equal shares and I direct that the child or children

of any deceased Son shall be entitled and receive the parent’s share And I

hereby further direct that after the aforesaid investments are made my said trustees

shall divide the residue equally among my Sons Joseph Phipps Frederick William

Henry Richardson Edmund and Thornhill Cooper and John Lister Cooper share

and share alike after charging to each of them such sum or sums of money

as they may be indebted to me at the time of my death and I hereby

direct that the child or children of any deceased Son or Sons shall take and

be entitled to the share or shares of his or their deceased parent or parents

And I further express my wish that my said Sons shall respectively during

the lifetime of my said Wife and so long as she shall remain unmarried

pay to her interest at the rate of four per cent per annum on such sum or

sums as they may receive under the provisions of this my Will but this expression

of my wish shall not be considered or construed to create any equity or

trust in favour of my said Wife or any other person or to impose any

obligation or duty upon my said trustees to see that the said wish is

carried into effect And I hereby authorize the acting trustee or trustees of this

my will and the executors or administrators of the last acting trustee by

any instrument in writing to substitute any person to be a trustee in the

stead of any trustee who may die or become incapable or disclaim to act in

the trusts aforesaid and all the said trusts estates or trust monies shall forthwith

be transferred so as to vest the same in such new trustee or trustees either

jointly with the surviving or continuing trustee or solely as the case may be

and such new trustee or trustees shall have the same powers and discretions

as if originally appointed a trustee under this my Will and I declare that the

trustee or trustees for the time being of this my Will shall be chargeable only

to the extent of their or his actual receipts and shall be exempt from all

responsibility for involuntary losses and shall be entitled to charge for or retain

all disbursements and expenses incident to the execution of this my Will And lastly

I nominate and appoint the aforesaid Frederick Cooper of Manchester and Henry

Wilson of Eller Lea Kendal to be Executors of this my Will to which I set

my hand this twenty seventh day of June one thousand eight hundred and sixty six-

[page break]

William Cooper - Signed by the testator William Cooper as and for his last

Will and Testament in the presence of both of us present together at the same time

who at his request and in his sight and presence and in the presence of each

other have hereunto subscribed our names as witnesses the day and year above

written - D. Elias  M.D. Southport - Hannah Tipping Southport.

This is a Codicil to my last Will & Testament I William Cooper

late of Great Ayton and now of Southport having been under the necessity along

with other creditors of assenting to a Deed of Composition accepting from my

Son Edmund six shillings and eight pence in the pound on his debts owing

to me do hereby absolutely revoke the legacy to which under my said Will

dated the twenty seventh day of June 1866 he would have been entitled as

sharing the residue The loss to my estate from Edmund’s failure being greater

than any amount to which he would have been entitled under my said Will

And I do hereby confirm my said Will in all other respects As witness my

hand this sixth day of June one thousand eight hundred and sixty seven -

William Cooper - Signed by the testator William Cooper as and for a

Codicil to his last Will & Testament in the presence of both of us present together

at the same time who in his sight and presence and in the presence of each

other have hereunto subscribed our names as witnesses the day and year above

written - D. Elias M.D. Southport - Hannah Tipping Southport.

Proved at Liverpool with a Codicil the 26^th July 1871 by the oath of Frederick

Cooper the Son one of the Executors named in the Will to whom administration was

granted Henry Wilson the other Executor and one of the Universal Legatees in

trust named in the said Will having renounced the probate and execution of the said Will and Codicil. 

The testator William Cooper was late of Southport in the County of Lancaster

Gentlemen and died on 30^th June 1871 at Southport aforesaid. Under £2000.

Potter and Knight, Solicitors, Manchester.

Certified to be a correct copy.

[page break]

On the 26^th day of July 1871

the Will with a Codicil of William Cooper

late of Southport in the County of Lancaster

Gentleman deceased, who died on the 30^th day of June 1871,

at Southport aforesaid

was proved in the District Registry attached to Her Majesty’s Court of Probate

at Liverpool by the Oath of

Frederick Cooper of 28 Brown Street in the City

of Manchester Merchant the Son one of the

Executors named in the said Will he having been first sworn duly to administer.

Henry Wilson the other Executor and one of the Universal

Legatees in trust named in the said Will having

renounced the Probate and execution of the said Will

and Codicil.

Effects under £2000 No Leasehoolds

Extracted by Potter and Knight, Solicitors, Manchester.

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