Wills: James C. Edington, 1871: German Twp, Fayette Co
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WILL OF JAMES C. EDINGTON, DEC'D
In the name of God Amen, I James C. Edington Farmer of German
Township in the County of Fayette and State of Penns. being weak in
body but of sound mind and memory do make and publish this my last
Will and Testament in writing on one sheet of paper as follows.
First, I will my soul to God who gave it, and my body to my Executor
to be decently buried in the Methodist-Episcopal Church burying
ground at or near Masontown in said County according to the rites and
ceremonies of the church, and that my funeral be conducted in a
manner corresponding with my estate and situation in life. And to
such worldly estate as it hath pleased God to entrust me with. I
dispose of the same in the following manner to wit. I will and
direct that my Executor pay all my debts and funeral expenses out of
the first moneys that shall come into my Executors hands as soon
after my death as possible. Second I will and bequeath my beloved
wife Susanah, the house and lots of ground and improvements therefore
situated in Fayette Co., PA it being the property I bought of William
M. Wilson, to be hers during her natural life or so long as she
remains my widow and at her death, or should she again marry, the
said property shall be sold by my Executor and the proceeds to be
disposed of in the same manner as my other estate ________. I also
will to my said wife all the cupboard ware and all the household
furniture that she brought with her at our marriage, also one hog and
twenty bushels of wheat, and twenty-five bushels of corn and all the
fruit _____ up by her and in her possession at my death and also the
provisions that may be in our house at the time of my decease. I
also give and bequeath to my beloved wife sixty dollars yearly during
her natural life, or so long as she remains my widow. The amount of
money to left in my real estate the interest of which shall amount to
the said sum of sixty dollars. I also give and bequeath to her my
beloved Susanah three hundred dollars absolute to be paid to her as
soon after my death as is convenient. I also bequeath unto her two
cows of her choice, if she shall elect to take the above bequest, to
be in lieu of her dower at common law. The remainder or balance of
my estate both real and personal I desire my Executor to appraise
according to law, and I hereby authorize my said Executor to sell my
estate both real and personal to the highest and best bidder or
bidders for cash, as soon after my death as convenient and the
proceeds thereof to be equally and in equal proportions among my
three children viz (namely) one third part to my daughter Tabitha
intermarried with Uriah Higinbotham, also one third part to my
daughter Nancy Jane, intermarried to Stephen F. Altman short three
hundred dollars that she has already received, which three hundred
dollars mentioned as short - I will and bequeath to Thomas W. Ramsay.
Further, I will and bequeath to the legal heirs and representatives
of my son John W. Edington (now deceased) one full share or third
part, namely, Tabitha Jane, Ella and Lida Gray, and John W. Edington
being four minor children of John W. Edington, deceased. I direct
that their shares be secured in any part of my real estate to draw
interest until the youngest child becomes twelve years of age, and
the interest to be paid annually to their mother Mary Margaret
Edington to be applied by her to the sole use of raising the said
named four minor children and after the youngest child is twelve
years old the payment of the interest to the mother shall cease, and
their shares to remain on interest and compounded untill the said
children shall become of lawful age, at which time their share be
paid to them respectively and further if one or more of the said
children should die in their minority their share or shares be
divided equally between those of that are living at mature age, but
should they all die before arriving at the full age of twenty-one
years, in that case their shares shall be divided between my two
daughters, viz, Tabitha, and Nancy Jane if they are living, if not
living to be paid to their descendants share and share alike.
Further I hereby empower my Executor hereinafter mentioned to sell my
real estate and make and deliver to the purchaser or purchasers,
deeds of conveyance for the same as fully and as binding as I could
do were I present myself. Further, I do hereby make and appoint
Uriah Higinbotham of Fayette Co., PA my Executor of this my last will
and Testimony hereby revoking all wills made by me previous to this
date. I Testimony whereof I hereunto set my hand and seal this
twenty-eighth day of September A.D. 1871.
Signed and sealed in the presence of us) James C. Edington
and in the presence of each other. )
J.S. Allebaugh
J.P. Sangston
Fayette County SS:
Be it remembered that on the 23rd day of April A.D.
1873, before me Jos Beatty Register for the Probate of Wills and
Granting Letters of Administration in and for said County personally
came J.S. Allebaugh and J.P. Sangston the subscribing witnesses to
the foregoing instrument of writing purporting to be the last will
and testament of James C. Edington who being duly affirmed according
to law, declare and say that they were personally present and saw the
said James C. Edington sign and seal and heard him declare the said
to be his last will and testament when of sound mind and memory to
the best of his belief. That they knew of no undue influence used or
later will made that they signed their names as witnesses theretoby
the request of the said testate in his presence and in the presence
of each other. In Witness Whereof I have hereunto set my hand and
seal of the Registers Office, the date above written.
Jos Beatty
Register
Jos Beatty, Esq. Register
Sir in the matter of the estate of James C. Edington, my late
husband, I ______ to take under the will of said deceased and hereby
relinquish all claim as his widow to any interest of said estate
under the intestate laws of this commonwealth. Witness my hand and
seal this ____ day of May A.D. 1873.
Susannah Edington