Thursday, July 12, 2007

Will of Nathaniel Horton (1730-1819) - Part 3

I posted the first part of the will of Nathaniel Horton (1730-1819) of Foster RI here, and the second part (the best part, I thought) is here.

This is the third part of the will - plus the codicil which nicely defines the burial place of his parents.

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"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.
.............................................................. his

............................................. Nathaniel X Horton (seal)
.............................................................mark
"Signed sealed Published and Declared
by the said Nathaniel Horton as & for his
Last Will and Testament in the presence
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.
...................................................................his

................................................. Nathaniel X Horton (seal)
..................................................................mark
"Signed sealed Published & Declared
by the said Nathaniel Horton Senr
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"

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I like that when Nathaniel dated this will in 1814, he added "...and in the 38th year of the Independence of the United States of America."

I wonder if the graveyard in Foster is still standing and accessible? I guess I'll try and find out the next time we go to New England.

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