Last Will and Testament of Robert Booth

On file in Lawrence Co., Ohio Will Book # 1, p. 372  and was filed May 13, 1861:

In the name of the Benevolent Father of all, I, Robert Booth, of Lawrence County State of Ohio do make and publish this my last will and testament hereby revoking all former last wills and testaments.

I. First.  It is my will that all my just debts and funeral charges shall be paid out of my estate.  Also that my Executor hereinafter named shall procure suitable tombstones and cause them to be erected at my grave.

II.  Second.  All my real estate situated in the Lawrence County State of Ohio, consisting principally of the farm on which I live and a forty-acre lot adjoining, I give, devise, and bequeath to my beloved wife, Nancy to be used by her as she may deem proper during her natural life, this bequest being in lieu of dower or any other interest she may have in said estate, she paying taxes and other proper charges. 

I also give and devise to her all my personal property, goods, furniture, stock, money, and credits to be used by her as follows and in no other way.  She shall select as much of the stock, furniture, provisions, and household goods as she may desire in the management of the farm and her comfort and convenience, also for one year support, the remainder my executor may sell at public auction or private sale as he may think best and place the proceeds arising therefrom at interest, out of which interest he shall pay his own proper charges, the taxes thereon, and the remainder if any he shall give to my wife at the end of each year from and after his appointment as executor.

III. Third.  If my sons Oliver S. Booth and George M. Booth will live with my wife in peace and harmony and be unto her as dutiful affectionate and obedient sons as long as she shall live, then I devise, give and bequeath unto them equally all my real estate and the remainder of my personal property, money, and credits unexpended at the death of my wife to themselves and heirs to their proper use and behoof forever, the estate hereby created being in fee simple to arise from and after the death of my said wife, should either die before her leaving no heirs of his body, then the survivor shall hold the entire estate so as above created. 

Should either fail to act as a true and obedient son, and refuse to live with my wife and assist her as may be proper, but wander away from her, then the one remaining shall have the entire estate, hereby created, to the utter exclusion of the other, the object of this bequest being to secure for my wife a protector in her old age as well as to reward my children should they be kind and affectionate to her.

I do hereby constitute and appoint my wife the said Nancy Booth the Executrix of this my last Will and Testament.

In testimony whereof, I have hereunto set my hand and seal this the 21st day of May AD 1857.

                                                                      Robert Booth

Subscribed to by said Robert Booth before us and acknowledged by him to be his last will and testament in our presence who hereby sign and attest the same in his presence and at his request and in the presence of each other.

                                                                      Henry S. Neal

                                                                      Fletcher Golden

Robert Booth is buried in Booth Cemetery in Union twp., where his tombstone has been transcribed as Robert died February 12, 1867, aged 61y, 6m, 5d.  I am guessing that 1867 should be 1861 instead.

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