Person:Thomas Wray (6)

Will Transcript

In the name of the Benevolent Father of all, I Thomas Wray of the County of Lawrence and State of Ohio do make and publish this my last will and testament.

Item first I give and devise to my beloved wife in lieu of her dower the farm on which we now reside situate in the Counties of Lawrence and Gallia containing about two hundred and ten acres and bounded and described as follows (to wit) east half of the south east quarter of section eleven township five and range seventeen also west half of the southwest quarter of section no. twelve township no. five and range no. seventeen also about seven or eight acres deeded by Benjamin Nelson to Thomas Wray out of the east half of the northeast quarter section fourteen township five and range seventeen that lies north east of Symmes Creek and on the north east corner of said lot also the north end of the west half of the northwest quarter of section thirteen township five and range no. seventeen beginning at the northwest corner and run south to Symmes Creek then down Symmes Creek till just below a small field at the lower end of Thomas Wrays farm to a large poplar to Corner & run east to the line of said lot thence north to the northeast corner thence west to the place of beginning also about five or six acres & is all that part of the east half of the northeast quarter of Section Eleven Township five & Range no. seventeen that lies south of Sym's Creek during her natural lifetime & all the household furniture & two horses to be selected by her & such other stock & tools as she shall see fit to select & as she pleases both in Quantity & Quality She however selling so much there as will pay all my just debts.

I do hereby appoint my wife guardian of my son Volentine until he becomes twenty one years of age & further Volentine is to live with his mother during her life time or until he becomes of age to be provided for off the farm by his mother. At the death of my said wife the real estate aforesaid

I give and devise to my son John Wray in consideration he pays each of my other sons the sums of money hereafter described to each of them, Volentine Wray two hundred dollars so soon as he becomes of twenty one years of age, to pay James Wray one hundred dollars at the end of one year after he gets possession of the aforesaid land, Eli Wray one hundred dollars in two years, and Jackson Wray one hundred dollars in three years and Thomas Wray one hundred dollars in four years and Edwin Wray one hundred dollars in five years and William Wray one hundred dollars in six years after he gets possession of the land aforesaid.

And my son John Wray being bound also to pay my daughters the following sums to Matilda Garten twenty dollars to Lucinda Corrington ten dollars to Nancy Smith ten dollars to Rachael Storgill ten dollars to Winna Miller ten dollars to Rebecca Rose ten dollars the sums given to the girls to be paid the seventh year after he gets possession. ____ mistake Thomas Wray is to be paid at the time specified to pay Jackson Wray and Jackson to be paid at the time specified to pay Thomas as the intention is to pay the oldest first.

I do hereby nominate and appoint John Wray and James Wray executors of this my last will and testament.

[Signed] Thomas Wray.

Supporting Depositions

Deposition of J.L. Armstrong:

J.L. Armstrong one of the said witnesses being duly sworn saith that he was called by at request of testator to write his last will that when he came over, he found the testator unwell, that he was able to go out and in the house when called by necessity; that he wrote a will according to the direction of the testator, and which when nearly finished was read by witness to testator in presence of his son John Wray and when said reading came to the part willed to said John Wray to pay James Wray one hundred dollars John Wray said to his father if you give me nothing or little don't think me to pay anything argued with his father that he was deprived by the will of father and a suitable house seat and if his father saw fit give him one hundred dollars or nothing and he would shift for himself said John Wray not my will but thine be done at same time telling his father that when he came to live with him he told him he never should be put out of a home and that he had promised him that what he would give him should be worth a thousand dollars. His father answered what he had given him was worth a thousand dollars. John Wray said during the conversation that some of his children had not done as much for him as he had done. Witness then left the room and heard no more conversation between testator and said John Wray till he was called an hour or two afterwards to write a new will. The testator said that it must be fixed at that time he had allotted for some time past to come to see him that is witness me to get him to write his said will and that he felt very unwell and something must be done. Then witness believes testator to be at his decease about sixty five or six years of age and believes he was as much in his right mind as he would have been under similar circumstances when he was well. Witness considers testator easily interrupted in the transaction of his business when well. Witness said testator signed and heard him acknowledge the will and testator see witness sign his witnesses name to said will at the request of said testator and also at the request of said testator the will was retained by witness to be safely kept till needed. Further the witness says the last will was worth one thousand dollars more to said John Wray then the first will wrote by witness was. Said witness says he signed the will in presence of testator, and of the other witness and that he believes that testator was of a sound mind and under no further influence than the conversation.

Deposition of Adam Coulter:

In the case of will made by Thomas Wray my understanding was as follows - after being requested to go to said ranch to be witness a will there was a will wrote and read to Thomas Wray in the presence of myself and John Wray. John Wray objected to said will and said that the will would leave him without any house or stable and that it was not according to the promise that his father had made him but said your will be done not mine father, and said further that he could not get to a piece of land he had lying joining the old man's farm. The old man then made answer and said he never thought of that and said John Wray said that his father had promist him a house if he would leave where he was and come and live on his farm and help him to take care of his farm and himself and that his father had promist as good as a thousand dollars at his death. He then spoke to his father and said, father you know that you promised me that if I would come and live with you and help to take care of your farm and you that you would give as good as a thousand dollars at your death. Then his father said I thought that it was as good as a thousand dollars. Then John Wray said your will be done not mine and said he would be out of a house on the mercies of other people and said if you will give me one hundred dollars will you and shift for myself and started out of the house, and the old man called to him and said come back John this matter must be fixt for it is only burning daylight. John came back and there was something said how the will had better be fixt. John then said that if his father would give him the farm he would be willing to pay the rest of the heirs something but I did not recollect what it was. Then John and the rest who was in the house went out of the house all but myself I then remarked to the old man and said Uncle Thomas if I was a going to make a will and had a farm to give I would give it to one if it was only calculated for one farm and he might give the rest of the heirs what was right and if the farm was calculated for two farms involved give it to two and they might pay the balance for I think it would be the best way to fix such offures and the old man said that is afterward rather it was fixt that way. I then left house and thought that the old man was pleased with that plan and that he was perfectly in his right mind. In a short time J.L. Armstrong was called in the house where the old man stayed and in a short time I went in to the house and J.L. Armstrong was writing a will in the presence of John Wray and his father, John Wray then was ast how soon he was willing to pay the several sums to the rest of heirs. Father mentioned the times that is in the will first made by Thomas Wray. The old man said that he must have plenty time he must not be crowded. The will was finished in their presence and read to them. The will then was signed in the presence of J.L. Armstrong and myself by the said Thomas Wray and we signed the will in the presence of the said Thomas Wray as witnesses. This is as near the conversation by and between the parties I can recollect at this time. It now comes to my recollection that the old man said he did not know that John would be willing to pay so much to the rest. _____Signed by Adam Coulter on Oct 24, 1848.

1. ↑ ^1.0 1.1 .

   https://www.phelpsfulpancestry.com/getperson.php?personID=I60634&tree=TAP