Have you ever found a will in the records from a land office? I’m not sure how often I’ve run across a will in the land records, but the Warren County Indiana land records do contain a copy of Richard Foster’s will.
In the name of God Amen, I Richard Foster of the County of Pike
Indiana, Warren. Deed Records, 1827-1901. Film #1977054 DGS 8071879. Richard Foster, June 1831; Vol 11: page 420; digitized images, Family Search http://www.familysearch.org : viewed online 17 March 2022.
and State of Ohio being sick and weak in body but of sound dis
posing mind and memory and understanding considering the
certainty of death and uncertainty of the time thereof and being
desirious to settle my worldly affairs and thereby be the better
prepared to leave this world when it shall please God to call me
home do therefore make and publish this my last will and
testament in manner and form following that is to say firstly
I commit my soul into the hands of Almighty God and my
body to the Earth to be decently buried at the discretion of my
Executrix hereinafter named and after my debts and fun
eral charges are paid second I will and bequeath unto my
third son Zebulon Foster all the lands I have in the State
of Indiana on the waters of the Wabash River as follows
to wit: That if it should be considered that the said lands
at first cost should be more than his equal share of my
estate hereafter then he shall pay back the overpaid to the
said estate, and I also give to him one sorrel mare in
consideration of services rendered since he was of age, not
to be accounted as any part of his legacy. Thirdly, I will and
bequeath unto my beloved wife Rachel all the reside of my
lands and covenants with all my goods and shattels moneys
and credits after paying all my just debts so long as she shall
remain my widow for the purpose of raising my children and
to be at her disposal during the — Fourthly I will that at the
death of my wife that the two oldest of my children, to wit
Jeremiah B Foster and John Foster shall account for the ad
vancement made to them as per receipts and Zebulon Foster
according to the bequest made above and then an equal di
[vision] struck between all my children, to wit, Jeremiah
B Foster, John Foster, Eliza Wilson, Zebulon Foster, Cassandra
Foster, Lemuel G Foster, Asenath Foster, Thomas Foster,
Seth C. Foster and Rachel Foster share and share alike.
And lastly I do hereby constitute and appoint y dear wife
Rachel Foster to sole executrix of this my last will
and testament revoking and annulling all former wills by
me heretofore made satisfying and confirming this and none
other to be my last will and testament. In testimony whereof
I Richard Foster have to this my will consisting of one sheet of paper
set my hand and seal this seventh day of June in the year
of our Lord God (1831) one thousand eight hundred and thirty
one
(seal)
Signed & Seal in presence of us
Be it known on the day before the above will was wrote the deceased Richard Foster called
on us to bear witness that the above was his will In testimony
whereof we have hereunto set our hand and seals as witness
The Ohio Probate Records also contains a copy of this will.
State of Ohio
Pike CountyPike Court of common Pleas June Term
being the 20th day of June AD 1831Be it remembered that on this day the last will
and testament of Richard Foster late of Pike county deceased
was [exhibited] in open court and proved by the oaths of Joseph Foster
George Johnston and James Davis in all things agreeable to the statute
in such cases mad and provided as follows to wit”
State of Ohio Pike County
This day personally appeared before the Court of Common Please ina nd
for said County the within name Joseph Foster George Johnston
and James Davis who being duly sworn did depose and say that they
were present at the time of speaking the testamentory words named
in the within instrument by the said Richard Foster, now deceased
that the same was immediately reduced to writing and was read over to the
said Richard Foster and then and there declared to be his last will and
testament and that he then and there desire @ these deponents to bear
testimony that such was his will which they accordingly did and within
six days thereafter attested the same as such that the same was done
and made by the said Richard Foster in his last sickness and that at
the time of making said will he the said Richard was of sound mind
and memory and these deponents are entirely disinterested unto the
subject matter of said will.
Sworn to and subscribed
in open Court June 20th 1831
Joseph Foster
George Johnston
James DavisAnd the Court being satisfied that said will has been duly executed
and that the testator was of full age and of sound mind and memory
and not under any restraint at the time of executing the same It
is therefore ordered by the Court that said Will be admitted to record
pursuant to statute which said will reads in the word following “to wit,”
In the name of God Amen
I Richard Foster of the County of Pike and State of Ohio being sick
and week in body but of sound disposing mind memory and
understanding considering the certainty of death and uncertainty of
the time thereof and being desirous to settle my worldly affairs
and thereby be the better prepared to leave this world when it shall
please God to call me home do therefore make and publish this my
last will and testament in manner and form following that is to say
I commit my soul into the hands of Almighty God and my body to
the earth to be decently buried at the discretion of my executrix here
in after named and after my debts and funeral charges are paid
Second I will and bequeath unto my third son Zebulon Fosterpage 55
Ohio Probate Records, 1789-1996, Richard Foster, 1831; digitized images, FamilySearch (www.famlysearch.org : viewed online 17 March 2022)
all the land I have in the State of Indiana on the waters of the Wabash river as
follows “to wit” that if it should be considered that the said lands at first
cost should be more than his equal share of my estate hereafter then he shall
pay back the overplus to the said estate andI also givve to him one sorrel
mare in consideration of services rendered since he was of age not to be
accounted as any part of his legacy. Thirdly I will and bequeath unto
my beloved wife Rachel all the reside of my lands and tenements
with all my goods and chattels moneys and credits after paying all
my just bills so long as she shall remain my widow for the purpose
of raising my children and to be at her disposal during the Fourthly
I will that at my death of my wife that the two eldest of my children, “to wit,”
Jeremiah B foster & John Foster shall account for the advancement
made to them as per receipts and Zebulon Foster according to the bequest
made above and them and equal dividend be struck between all my
children, “to wit,” Jeremiah B. Foster, John Foster, Eliza Wilson, Zebulon
Foster, Cassandra Foster, Lemuel G Foster, Asenith Foster, Thomas
Foster, Seth C Foster and Rachel Foster share and share alike
And lastly I do hereby constitute and appoint my dear wife Rachel
Foster to be sole executrix of this my last will and testament revoking
and annulling all former wills by me heretofore made ratifying and
confirming this and none other to be my last will and testament
In testimony whereof I Richard Foster have to this my will consisting
of one sheet of paper, set my hand and seal this seventh day of June
in the year of our Lord God (1831) one thousand eight hundred
and thirty one
Seal
Signed and sealed in presence of us
Be it known that on the day the above Will was wrote the deceased
Richard Foster, called us to bear witness that the above was his
will. In testimony whereof we have hereunto set our hands as
witness this 13th day of June one thousand eight hundred
and thirty one
Joseph Foster Seal
George Johnston seal
James Davis seal