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Thursday, July 3, 2014

The Will of David Oliphant Sr., Dundas, Ontario.

Today I took my first trip to the Ontario Archives.  I've been meaning to visit for a long time now, but it's so inconveniently situated, in about the furthest outskirts of the city possible.  It was worth the trip;  it's a lovely building and I was able to find the wills of four family members.  Each one had an interesting story to tell.

I'll start with the will of David Oliphant, father of Mary (Oliphant) Elliot (William Elliot's wife).  He died in 1841.  His will is on microfilm MS638, Reel 6.  There were no probate papers attached to these, so I was unable to ascertain the extent and value of his property.

"I David Oliphant, late of St. Andrews in that part of the United Kingdom called Scotland now of Dundas in the county of Halton & District of Gore in Upper Canada, shoemaker being of sound and disposing mind memory and understanding do on this twenty-third day of September Eighteen hundred and twenty-eight, make and publish this my last will and testament in manner following that is to say First I desire to be decently buried in the burying ground belonging to the village of Dundas without any funeral pomp or unnecessary expense.

Secondly I will & direct that, after my just debts shall have been paid the remainder the whole remainder [sic] of my property whether real or personal estate of what name or kind soever or wherever lying or being, be in the possession and wholly at the disposal of my dear wife Sophia, for her use & benefit during her natural life--and that after her decease the same shall be divided... among my then surviving children. 

Thirdly I hereby nominate and appoint Henry Head--late shoemaker in Dundas, John Lesslie Merch. Dundas James Lesslie of York sole executors of this my last will & Testament--hereby revoking all others by me at any time heretofore made.

In witness whereof I have hereunto set my hand & seal the day and year above written.

(signed) David Oliphant
Witnesses:  James ?
Thomas Hilton
Edward Hilton

A few things about this will strike me immediately.  One is that he refers to himself as a shoemaker.  I had known that he was a shoemaker in Scotland but I hadn't known whether or not he had maintained that trade in Canada.  I think the fact that he names the trade of shoemaker in his will means that he has continued his practice.  I think the way he phrases his wishes about his funeral--he wants to be buried "decently" but "without funeral pomp or unnecessary expense" is a glimpse into his character--he seems sober and frugal.  I also find it interesting that he names two members of the Lesslie family as his executors.  The Lesslies are connected not just with the Oliphant family but also with the Scotts and the Elliots.  The fact that David trusts them in this role is an indication of the strength of connection between them.


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