Person:Nathaniel Horton (9)

Nathaniel Horton died testate, having written a will dated 8 February 1814, which was proved 19 June 1819. The will reads (transcribed from the Foster (RI) Town Council Probate Records, 1781-1887, Volumes 3-4, (1814-1826), Volume 3, pages 532-538, on FHL Microfilm 0,941,056):

"The Last Will and Testament of Nathaniel Horton of Foster in the County of Providence in the State of Rhode Island &c. I the said Nathaniel Horton, being now far advanced in Life (viz) in the Eighty third year of my age, through the goodness of God of sound Disposing mind and memory, Considering the uncertainty of Life, and the Necessity of my being Prepared for Death, do make and ordain, this Last Will and Testament in the following manner.

"I hereby recomend my soul to the ???nsive mercy of almighty God Beseeching his Generous forgiveness of all my Sins and his Blessing on my family and Children, and the Disposal which I am Now about to make, of the Estate wherewith he has Pleased to favour me, as my A?? attained with Lasting Benefits to them all.

"Item. I Order that my just Debts and Re?????? be ?????? ??????? to be paid by my Executor hereinafter named in form as Conveniantly may be Done ????? after my Decease.

"Item I Give and Bequeath unto my Beloved sons Abel Horton and John Horton [most of two lines unreadable due to poor microfilm copy]. forever to be Equally Divided Between Them all my Land and real Estate, Consisting of the one undivided half of Part of the farm with the Buildings thereon whereon I now dwell in the said Town of Foster, to Come unto them on the Death of their Mother as hereinafter Mentioned, Provided and on Condition, that they shall pay to their six sisters Ruth Rachel Sarah Phebe Olive & Freelove or their heirs or assigns, Respectively, the seven Lagacies hereafter Given to them Respectively being the sum of twenty Dollars to Each, making in the whole one hundred and twenty Dollars, one half thereof to be paid by my son Abel and the other half by my son John & to be paid as herein after mentioned within one year Next after the Decease of myself & their Mother. Having heretofore give by Deed to my son Nathaniel Horton the Twenty acres of Land adjoining Land of Peleg Williams - as described in my Deed to him lying in said foster, and having also given to my son Chase Horton the other half of the farm aforesaid. Not thereby ???ised as described in my Deed to my son Chase Horton, all which Deed are Recorded in the Town Clerk offices of said Foster and Considering what I have given them by Deed and What I have otherwise done for them, as their shares Respectively of my Estate in Land is the Reason Why I Do Not Now Give them any more of my Real Estate Hoping that they will feel satisfied With the Conduct of their Effectinnate Father herein Who is Desirous of Doing as Well as he can by all his Beloved Children, having Due Regard to times and things best.

"Item. After setting and assigning to my Beloved Wife Sarah Horton as hereafter mentioned on this out of my Personal Estate. I Give and Bequeath to my beloved Grand son Asa Comstock Horton and to his heirs Executors administrators or assigns ??? said Asa is son of my son Chase Horton, the one quarter part of the Remainder in Value of all my Livestock, and one quarter part in value according to the Inventory which shall be made of all my outdoor Moveables of Every Kind to be to him When he shall have arrived to the age of twenty one years, to be paid to him in money, to the amount of one quarter part of the Inventory as apprised, or as the same may be sold, at vendue at the Election of my Executor.

"Item. I give and Bequeath to my Beloved sons Abel Horton John Horton & Nathaniel Horton Jr. and to their heirs Executors admors & assigns Respectively the other three quarter parts of all my Live Stock & out Doors Moveables of Every Kind to be Equally Devided Between them and also all my money & s???tys for money and all other my Personal Estate Excepting what I have Given to my grandson Asa C. Horton and Excepting What I shall otherwise Dispose of by this my Will. I Give & bequeath to my said three sons, Abel Horton, John Horton and Nathaniel Horton Jr. to be Equally Devided Between them it being my meaning & Intention and Intention that there shall be No Division of my said Personal Estate among my said Children as aforesaid untill one third part thereof shall have been assigned & set of to my said Wife Sarah Horton, as herein after mentioned, and that then the Remainder shall be divided between them my said sons, and my said Grandson as mentioned in this and the preceding Paragraph.

"Item. I give and bequeath to my Daughter Ruth Staples wife of Abraham Staples twenty Dollars to be paid to her out of my Real Estate by my said sons Abel and John as afore said.

"Item. I Give and Bequeath to my Daughter Rachel Smith Wife of Hope Smith Twenty Dollars to be paid to her out of my Real Estate by my said sons Abel & John as afore said.

"Item. I Give and Bequeath to my Daughter Sarah Bishop wife of John Bishop Twenty Dollars to be paid to her out of my Real Estate by my said sons Abel & John as afore said, to be at her sole & absolute Disposal as she in Writing shall Direct Not to be Sublett attachment for any Debts Presently contracted.

"Item. I Give and Bequeath to my Daughter Phebe Wade Wife of Simon Wade Twenty Dollars to be paid to her out of my Real Estate by my said sons Abel & John as aforesaid.

"Item. I Give and Bequeath to my Daughter Olive Steer Wife of Asahel Steer Twenty Dollars to be paid to her out of my Real Estate by my sons Abel & John as afore said.

"Item. I Give and Bequeath to my Daughter Freelove Bishop Wife of Elias Bishop Twenty Dollars to be paid to her out of my Real Estate by my by my sons Abel and John as afore said, to be at her sole and absolute Disposal as she shall in Writing direct Not to be S??able to attain ???ert for any Debt Previously Contracted.

"Item. I Give and Bequeath to my said six Daughters Before Named, all and singular my indoors moveable good of Every Kind which shall Remain after Setting of & assigning to my Beloved Wife one third part that of as herein after mentioned to be Equally Divided between them according to their value after the Decease of their Mother.

"Item. I give Devise and Bequeath to my Beloved Wife Sarah Horton the use occupation & Improvement of the Whole of my Real Estate During her Naturall Life, and also as her absolute and improvement Property and Estate one third part of any Personal Estate of Every Kind, to be set off and assigned to her Before any Division thereof to be made Between my Children as aforesaid, and I also Give to her the use and improvement of the said two thirds of my indoors household moveable goods During the turm of her Natural Life, which after her Decease I have Given to my six Daughters as aforesaid.

"Lastly I Constitute and Appoint my said Beloved Wife Sarah Horton, and my son Nathaniel Horton Jr. joint Executors of this my Last Will and Testament, thereby annulling & Revoking all former or other Wills and Testaments by me at any time heretofore mad, Ratifying & Confirming and Declaring this and No other as or for my Last Will and Testament. In Witness whereof I have hereunto set my Hand & Seal this Eight Day of February in the year of our Lord one thousand Eight hundred & fourteen and in the 38th year of the Independence of the United States of America.

"Signed sealed Published and Declared his by the said Nathaniel Horton as & for his Nathaniel X Horton (seal) Last Will and Testament in the presence mark of us who at his Request & in his presence & in the presence of Each other have subscribed our Names hereto as Witnesses

  James Durfey
  Asa Ballou
  Theodor Foster

"A Codicil to the Last Will and Testament of Nathaniel Horton Senr of Foster in the County of Providence & State of Rhode Island .... on this Seventh Day of August in the Year of Our Lord 1817.

"Whereas on the 8th Day of February AD 1814, I the said Nathaniel Horton did make my Said Will and Testament baring Date on that Day Which Was Witnessed by James Durfey, Asa Ballou and Theodore Foster I Do therefore hereby Ratify and Establish the same as my Last Will & Testament With the following small alterations (viz) in addition to what I have therein given to my faithful & Beloved Wife, Sarah Horton, I Do now hereby give and Bequeath to her all the silver money of Every kind Which shall Belong to me in my Possession at my Decease and shall then be in my Possession to be paid to her & to Become her own absolute Dispoasable Property Imediently from and after my Decease - and Whereas there is on the Land of Theodor Foster Esqr. a Privilege Reserved to my self and heirs, of a small Buring place two Rods square, on the East side of the Foster & Glocester app??? way so Called, Where my Deceased Father and Mother, and some of their Descendants are Bured and Whereas it hath been porposed by the said Theodore Foster to make an addition to the said Buring Place for the use of him self his heirs or assigns on the Easterly & Southerly sides of this said two Rods Square Resarved as afore said for the family of Which I am Descended, I Do therefore hereby order & Direct that my Executor shall make and Direct four Rods of Good stone Wall Equal in Goodness to that which shall be made & Erected by the said Foster his heirs or assigns for fencing in the said old Buring Place, that to be made by my Executor to be Erected on the Northerly & Easterly sides of said Buring Place and to be Done as soon as Conveniently may be after the said Theodore Foster his heirs or assigns shall have made the Wall for fencing in the said additional Buring Place the Expense of making the said four Rods of Wall to be paid by my Executor out of my Whole Estate - and I Do hereby make & Declare this Codicil Contained on this half & part of paper as above Expressed to be part and Parcel of my Last Will and Testament.

"In Witness whereof I have hereunto set my hand and seal the Day & year as above Written.

"Signed sealed Published & Declared his by the said Nathaniel Horton Senr Nathaniel X Horton (seal) as part and Parcel of his Last Will and Testament & signed by us at his Request & in his presence & in the presence of Each other Who have hereunto set our Names as Witnesses unto -

  Peter Sprague
  Gardner Horton
  Theodore Foster"

A "true & just Inventory of all and singular the Goods Chattles Rights and Credits of Nathaniel Horton late of Foster Deceased who departed this Life May the 4th 1819 and was taken by us the subscribers July the 8th following." Stuckley Varner, John Smith and William Jones were the appraisers (transcribed from the Foster (RI) Town Council Probate Records, 1781-1887, Volumes 3-4, (1814-1826), Volume 3, pages 547-548, on FHL Microfilm 0,941,056).

This inventory contains one page and a half of household items, plus a note against James Varner (?) for $6.25 (principal and interest) and three notes against Ezekiel Hopkins for a total of $47.06 (principal and interest). The inventory totalled $147.25.

On 2 October 1819, the probate court "Resolved that Nathaniel Horton have liberty to sell either at publick or private sale one horse & one yearling Steer apprized in the Inventory of the said Nath'l Horton Deceased Personal estate" (transcribed from the Foster (RI) Town Council Probate Records, 1781-1887, Volumes 3-4, (1814-1826), Volume 3, page 551, on FHL Microfilm 0,941,056):

On 12 November 1819, the probate court approved an "addition to the Inventory of the Personal Estate of Nathaniel Horton late of Foster Deceased taken by us the subscribers on the 25th Day of Sept. 1819:

• To one old mare -- $15.00
• To one old Bible -- $ 0.40
• To one old stone hammer -- $0.25

                                         $ 15.65"

The same appraisers signed the addition (transcribed from the Foster (RI) Town Council Probate Records, 1781-1887, Volumes 3-4, (1814-1826), Volume 3, page 563, on FHL Microfilm 0,941,056):.

Two accounts of Nathaniel Horton, executor, are available, and were approved on 8 May 1819 and 15 September 1820 by the probate court. The end value of the account totalled $74.31. (transcribed from the Foster (RI) Town Council Probate Records, 1781-1887, Volumes 3-4, (1814-1826), Volume 4, pages 3-5, on FHL Microfilm 0,941,056.

On 20 September 1820, the subscribers appointed by the probate court presented the distribution of the estate. The records read (transcribed from the Foster (RI) Town Council Probate Records, 1781-1887, Volumes 3-4, (1814-1826), Volume 4, pages 50-52, on FHL Microfilm 0,941,056):

"We the subscribers being appointed as a Commette by the Court of Probate of the Town of Foster to set off the Widows thirds of Nathaniel Hortons Decet Personal property agreeable to his Will Belong in the Widow Sarah Horton Decet and also to Divide the Personal Property agreeable to his Will amongst the several heirs of the said Nathaniel Horton Decet as followeth that is to say one ox or half the yoke used was Belonging Betwixt the Widow and Nathaniel Horton Also one Note of hand against James Varner Decet the amount Being $40.65 Cents in the Note. Also set off to William Arnold Admor to Sarah Horton Decet Estate $14.08 Consisting of indoors moveables being her Equal third part of it -- further more We Divided the Remainder part of the Personal Property amongst the several heirs that is to say finally set off to No 1 Asa Comstock Horton one Cow appraised $25 and further more $3.58 Cents in Cash to be paid by Nathanel Horton. Drawed by No 2. Abel Horton one cow praised at $24. also $3.58 Cents in Cash to be paid by Nathaniel Horton.

"Paid to John Horton his Equal Part by Nathaniel Horton being $27.58 Cents which appears by his Receipt.

"Drawed to Nathaniel Horton No. 3. one Yearling heifer $7.00 two Calves $6.00 one flax Brake 25 Cts Also due from Nathaniel Horton $6.58.

"No 1. Drawn to Phebe Wade one flock bed beding bed stead and Cord $4.83.

"No. 2 Drawed to Rachel Smith one feather bed with taken out $8 lb of feathers to be added to No 3 leaves to the ammount of $4.83 Cents.

"No. 3 Drawed to Phreelov Bishop 8 lb of feathers to be taken from No. 2 1 Cotiller 2 fillers 1 sheet 1 Blanket 1 under bed 1 Cord & one bedstead to the amount of $4.83 Cts.

No 4. Drawed to Sarah Bishop 1 firken 1 Churn 1 Spoon Mold 1 Round table 5 knives & 5 forks 1 Cream Purl (?) three hartford Bottles 1 Coverlid the amount of $4.83 Cts.

No. 5 Drawed to Ruth Staples & son all Kettles the largest square table 1 Great Chair 1 Cure Bottle 1 Round Bottle 1 half pint Tumbler 2 White plates 1 Pa?? C????? 1 milk Tray bundle bed stead & cord & Bible 1 Cracked Skillet all at $4.83 Cents.

No 6. Drawed to Olive Steer 4 Chairs 1 short square table 2 old Purls 1 Sider Churn 1 Tea Kettle 3 Milk Trays one S????? Sheet all at $4.83 Cents.

'On the 20th Day of September agreeable to our appointed We Met at the house of Nathaniel Horton & set off to the Widow her Equal 3d Part of the Personal Property of the said Nathaniel Horton Decd & Likewise We Divided agreable to the Will of the said Nathaniel Horton amongst the Lawful heirs.

                 Stephen Servis
                 Ezekiel Hopkins
                 William Stone."

At a Court of Probate held at Foster on the 24th Day of May 1821, the report of the Commitee to make division of the Personal Property of Nathaniel Horton Deced was received by the Court clerk, Daniel Howard.

1. ↑ (i)Foster (RI) Town Council Probate Records, 1781-1887(/i)
   Volumes 3-4, (1814-1826), Volume 3, pages 547-548, accessed on FHL Microfilm 0,941,056.