Will of George Jackson (25 January 1831)

 

Note: I have separated sentences into sections and added blank lines to make the Will more readable.

 

I, George Jackson of Zanesville in the County of Muskingum being sick and weak in body, but of sound mind, memory and understanding, do make and declare this my last will and testament hereby revoking and making void all former wills by me at any time by me heretofore made.   In the first place it is my will that all my just debts and expenses of my funeral be paid and discharged by my executors herein named and appointed of my estate as soon as conveniently may be after my decease. 

 

I give and bequeath to my wife over and above the settlement made upon her previous to our inter-marriage the sum of five hundred dollars to be paid to her in five equal annual payments after my decease, and I also give and bequeath unto my said wife the house and lot on which I now live and the improvements thereon being parts of lots number fifteen and sixteen in the tenth square of the town of Zanesville during the term of her natural life in case she shall as long continue my widow.  But in case my said wife shall marry again at any time after my decease then and in such case I revoke the said bequests and direct that the payments of the said sum of money and her estate in the said lot shall thenceforth cease and determine.  The said bequests to my said wife, I mean to be and that she accepts the same in full of her right of dower, and of all other claims upon my estate.  Upon the determination of the estate of my said wife in the said lot upon which I now live either by her decease or by marrying again I give and bequest the said lot on which I now live to my two daughters, Lucy Ann Jackson and Sophia Jackson, their heirs and assigns forever to be divided between them in manner following, that is to say, the said lot to be divided by a line drawn through it East and West from the South East corner of the warehouse erected thereon, and all that part of said lot on the South side of said line to the said Lucy Ann Jackson her heirs and assigns forever and all that part of said lot on the North side of said line to the said Sophia Jackson her heirs and assigns forever. 

 

And I give and bequest to my daughter Sarah Kinchelow wife of Daniel Kinchelow during her natural life, the annuity and sum yearly of two hundred dollars, the first payment to be made to her by my executors one year after my decease and every year thereafter to be paid to her personally or to her order executed by her after each payment respectively becomes due, and the said annuity shall not in any manner be subject to the order or control of the said Daniel or any future husband of the said Sarah, or subject to his or her debts or be assigned the said Sarah or her present or future husband. 

 

And where as I have heretofor conveyed to my son Andrew a parcel of land I do give and bequest to him such sum as may be necessary in addition to the yearly rents and profits of the said land to gain him a liberal education to qualify him to commence the study of the profession of a lawyer or a physician or the business of a merchant as he may prefer and I direct my executors to pay from time to time such sums as may be necessary for that purpose. 

 

And as to all the residue of my estate not personal, and mixed(?) or lands, goods and chattel Co. wheresoever situate or by whatsoever title held, either legal or equitable it is my will and I hereby direct that my executors herein after named shall so soon after my decease as they may think proper sell and convey the same in as full a manner as my tith(?) thereto will justify(?), in such parts and parcels and on such terms as they may think proper and that until the said lands are sold my said executors shall be authorized to have the same in such parcels and on such terms as they might think proper and to execute leases therefore and to receive the rents and profits to thereof and that the proceeds arising from the said sale amount(?) with the debts due to me after paying and satisfying the debts due by me, the expenses of my funeral, the costs and expenses of executing my will and the bequests hereintofor made shall be divided into eight equal shares and I give and bequeath unto my son George W. Jackson his heirs and assigners forever one of the said shares and I give and bequeath unto my son William L. Jackson his heirs and assigners forever another of the said shares. 

 

And I give and bequeath unto the children of my deceased daughter Elizabeth their heirs and assigns forever another of the said shares to be divided among the said children share and share alike including her children by her first and second husband. 

 

And I give and bequeath to the children of my deceased son Edward B. Jackson their heirs and assigns forever another of the said shares to be divided among them share and share alike. 

 

And I give and bequeath to the children of my deceased son John G. Jackson and [grand son] John J. Jackson of Harrison County in the State of Virginia their heirs and assigns forever another of the said shares to be equally divided among each of the said children and the said John J. Jackson share and share alike.  The payments of the said several shares to be made by the executors to the several persons to whom they are devised or their legal representatives in equal proportions from time to time as they may collect the funds from which the payments are to be made. 

 

And it is my will that my said executors shall invest another of the said shares in the public debt or stock of the State of Ohio in the name of the suitable trustees giving security, and that the interest arising therefrom as the same accrues shall be paid to my daughter, Catherine Williams, wife of William Williams during her natural life either to her personally or to her order executed by her after each sum of interest shall respectively become due, and the said interest shall not be liable or subject to the control or order of the said William Williams or any future husband of the said Catherine or to the payment of his or her debts or assigned to him or her.  And after the death of said Catherine, I give and bequeath the said one share so invested to his heirs and their heirs and assigns forever share and share alike.  And upon the misbehavior of the said trustees or they and their securities becoming in doubtful circumstances, they shall be removed upon the application of the said Catherine or her apparent heirs to any Court of competent jurisdiction and other trustees appointed in their place with the same powers and subject to the same restrictions. 

 

And it is further my will that said executors invest another of the said shares in public stock or debt of the State of Ohio in the name of the proper Trustees giving proper security and that the interest arising thereon as the same accrues shall be paid to my daughter Prudence wife of Elijah Arnold during her natural life, either to her personally or to her order executed by her after each sum of interest shall respectively come due and the said interest shall not be liable or subject to the said Arnold or to his order or to that of any future husband of the said Prudence or to the payment of his or her debts or assigned by him or her and after the death of the said Prudence I give and bequeath this said last mentioned one share to be invested to her heirs and their heirs and assigns forever share and share alike and upon the misbehavior of the said Trustees as they or their securities becoming in doubtful circumstances they shall be removed upon the application of the said Prudence or her apparent heirs to any Court of competent jurisdiction and others appointed in their place with the same powers and subject to the same restrictions. 

 

And it is further my will that my said executors shall invest the remaining one other share in the public debt or stock of the State of Ohio in the name of the suitable Trustees giving proper security and that the interest arising therefrom as the same accrues shall be paid to my daughter Mary, wife of Sylvanus Seely during her natural life either to her personally or to her order executed by her after each sum of interest shall respectively become due and the said interest shall not be liable or subject to the said Seely or to his orders or that of any future husband of the said Mary or to the payment of his or her debts or assigned by him or her.  And after the death of the same Mary I give and bequeath the said last mentioned one share so invested to her heirs and their heirs and assigns forever share and share alike and upon the misbehavior of the said Trustees and they or their securities becoming in doubtful circumstances they shall be removed upon the application of the same Mary or her apparent heirs to any Court of competent jurisdiction others appointed in their place with the same powers and subject to the same restrictions. 

 

The investments in all the before mentioned stock to be made from time to time by my executors as the funds may be collected. 

 

And I do hereby name, constitute and appoint my two sons George W. Jackson and William L. Jackson both of Zanesville aforesaid and my friend Leonard Stump of Licking Township Zanesville in said Muskingum County to be the executors of this my last will and testament, and in case of the death of either of them or their removal from office of executor I do hereby authorize the survivors to appoint another in his stead and so often as any one of my executors whether named herein or appointed by the survivors shall die or be removed from the office of executor, the survivors shall be authorized to appoint another in his stead and the person or persons so appointed upon being sworn according to law for that purpose shall have the power and authority to all intents and purposes whatsoever as such executor who shall happen to die or be removed had under or by virtue of this my last will at the time of his death or removal. 

 

And I hereby authorize and direct my said executors to authorize and empower John J. Jackson of Wood County and George J. Williams of Harrison County in the State of Virginia to do any act under this will which may be necessary to be done in the State of Virginia and which my said executors would do, the said John J. Jackson and George J. Williams to be in all respects subject to the control of and act by the direction and advice of my said executors. 

 

And I do hereby will, direct and declare that in all cases when my executors for the time being shall happen to differ in opinion the matter of difference shall be decided by the major part or number of them and in that case the act or doing of the said majority of them shall be valid in the same manner as though all had joined in completing(?) the said act.

 

In witness whereof I the said George Jackson have to this  _____?______ found on the bottom of each sheet of paper and affixed my hand and seal to this my will this 25th day of January 1831.[1]

          Signed by George Jackson

Witnesses that signed:

Rich Stillwell

Wm. Estinghursen

William Brake