Wills: James C. Edington, 1871: German Twp, Fayette Co File contributed for use in USGenWeb Archives by James Denning USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. 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