[Transcribed on rootsweb 2006 ]
In the name of God amen
To all to whom these presents shall come Greeting
The last will and Testament of John Woodward of Wayne County State of Indiana
I John Woodward of Wayne County and State aforesaid being sound of intellect and having a right knowledge of and for my self, do declare this to be my last will and testament hereby revoking annulling and making void any will or instrument of writing to that effect, dated this fourth day of January in the year of our lord one thousand eight hundred and twenty one.
I do request first that all my just debts may be settled and adjusted out of my Estate Real or personal.
Secondly, I do bequeath unto my beloved wife Rachel Woodward in trust one hundred and fifty five acres of land together with the appurtenances thereto belonging being known by the South west quarter of Section 23 Range 13 Township 16 for her own use and benefit in the maintenance of my children by the said Rachel Woodward to have and to hold said premises and all thereto belonging during her natural life or while she remains my widow.
Thirdly I do further bequeath that if the said Rachel Woodward should die before the youngest child becomes of age then and in that case the said premises to be equally divided amongst my three sons to wit Aaron Woodward Patrick Woodward and John Woodward and they and each of them are severally bound to see to the maintenance of the remainder of the children until they shall respectively become of age.
Fourthly it is to be understood that the said Rachel Woodward has choice of what quantity of the now cleared land she wishes for her own use and benefit towards the maintenance of the children and that they boys vizt Aaron Patrick and John make what improvements they please of the now uncultivated part of the premises for their own use and benefit. Nevertheless neither of the said boys have liberty to sell or any ways dispose of any part or parcel of said land until the youngest child becomes of age.
Fifthly I do further bequeath, that as each of the boys becomes of age they each and severally shall be entitled to a Horse of the value of fifty dollars with a Saddle and Bridle provided. There should be sufficient after all demands are satisfied. Sixthly I do bequeath unto my Daughter Ana Woodward one bed and furniture one Saddle one Cow and two Sheep to be delivered to her on application. Unto Lydia Sutherland one Saddle to the value of fifteen dollars. I do further bequeath unto Jane Woodward when she shall become of age one Bed and furniture one saddle, one Cow, and two Sheep. And I further bequeath to Rachel Woodward when she shall respectively become of age one Bed and furniture one Saddle one Cow and two Sheep. And I further bequeath to Eliza Woodward when she respectively becomes of age one bed and furniture one Saddle one Cow and two Sheep. The above bequests to my daughters for the fulfilment of which I request my wife Rachel Woodward and the Executors hereafter named to see carried into effect as they respectively become of age or on the day of marriage.
Seventhly I further request that if my said wife Rachel after my decease should marry again then and in that case she shares equally with my daughters in the Household furniture the Cupboard furniture I leave to my wife Rachel for her use and benefit.
Eighthly I do further bequeath all the stock now on the place for the joint use of the family except one Horse which I give unto my wife Rachel for her own use and benefit, and I further request that none of the said stock be sold unless to pay my just debts, and I further request that after the above Legacies are paid that should there be any overplus then and in that case to be equally Divided between all the children.
Lastly I do request and name Patrick Beard my trusty friend and Aron Woodward my Son when he shall become of age Executors to this my last will and testament jointly with my wife Rachel Woodward as Executrix and that they each and severally will faithfully and strictly see to the fulfilment of the above recited bequests.
In testimony whereof I have hereunto set my hand and seal this fourth day of January in the year of our lord one thousand eight hundred and twenty one.
John Woodward (seal)
Signed and sealed in the presence of
John Sutherland
Charles Stanley
24 Day of February 1821 Will proven by oaths of John Sutherland & Charles Stanley. Letters testamentary to Patrick Beard & Rachel Woodward.
16 Day of February 1824 Aaron Woodward filed bond $500, security Joseph Longacre. Aaron appointed executor when reached age of 21.
