_______________________________________________
The Last Will &
Testament of Thomas Newport
[This will was begun on the
18th of December 1824 and signed on the 17th of February 1825.
The first record
of it being entered into court was in the March Term 1842 and was proved the
8th of April 1842. Thomas names the following children after the Note.
They are Betsy, Hannah, David, James T., Tacy, Thomas, Mary, Jesse & John.
I believe that Betsy, Thomas, Tacy and Mary
are children of his second wife Mary Evans. His first wife was Rebecca Train. ]
In the
name of God, amen. I Thomas Newport of the Co. of Warren and the State of Ohio,
being of sound mind & memory, but knowing it is appointed unto all men once
to die making this my last will & testament. "Lord Jesus receive my
spirit" the eighteenth day of December 1824.
My body I
recommend to be buried with plain & decent Christian burial at the
discretion of my wife & children. And as ... my worldly estate herewith God
hath blessed me - ordain Mary my beloved wife Executrix and David Williams
Executor as ….. to Mary in the execution of my will. If any difficulty should
ensue in continuing or settling the terms of my will it should be referred to
those arbitrators of honest report & their decision be final. (This clause
I derived from President Washington's will with advice to prevent all
litigation at law & the more especially as I am not a man of legal
knowledge but of peace)
Note. As I am desirous all our children shall receive equal
dividends ultimately of our estate & the principal ...this marriage have
rec'vd some property, I think proper to insert sums in the will - Betsy Stevenson
45 Dols - Hannah Banta 54-12(?) - David 38.77(?) - James T. 41 - Tacy Banta 44
- Tho's - 42 - Mary Pence 44-50 - Jesse 50 - John ….. a balance of 16-14(?). If
he should marry I am desirous he should be made somewhere about equal in
property to forty dollars, with the above sums. All my moveable estate, stock,
farming implements & furniture & books I will to Mary my wife which she
may retain or dispose of at her discretion, for personal accommodation or
charitable purpose. I also will that Mary my wife have (together with my
executor David Williams the renting of the farm). All the profit (Rent) are
hers during her lifetime - After her death to be sold for ready cash, to
the best advantage either public or private sale another three years after the
decease of my wife, the sooner the better for the heirs if a suitable price can
be obtained. I also ordain, if I do not make a deed to William L? or
representative for a lot of land of about 2 acres 3/8 it be done by my executors.
I further
will as to the land after my wife's death ... and sale made, Physicians bill,
funeral expenses & debt paid that three dollars be paid to the Female Bible
Society of Lebanon for the American Bible Society New York as a donation or
bequest. Three dollars to the Warren Co. Library of E. Swedenborg's Books, and
three dollars to the Ohio Peace Society - and three dollars to the Lebanon
Society for the Osage Indians. All the balance remaining to be equally divided
(after paying up the sums to each of the children to make such equal to Hannah)
among the living sons - daughters or sons in law or daughters in law - or
descendants if both are deceased (the dividend goes to our blood heirs) I
further will that after the decease of my wife all the moveable remains shall
be appraised according to law and tendered to the heirs - always keeping in
mind equal sums to each of them. If certain things of the moveables not taken
by the heirs after due notification may be sold for ready cash at the
appraisement within three months after proving the will after which term if any
articles still remain undisposed of they are to be sold at ….. sale after being
duly advertised for ready cash only & the money of said to the heirs always
having a view to all theirs being equal. And I hereby disallow records of all
and every other testament. In witness where of I have here unto set my hand and
seal the 17th day of February in the year of our Lord one thousand eight
hundred & twenty five -
Signed sealed published pronounced and declared by the ...
I ... Thomas Newport as his last will & testament in the presence of us who
in his presence and in the presence of each other here unto ...the date above
written.
Thomas
Newport {seal}
Witness
John M. Houston
? ?