Submitted by Jean Griesan
In the name of God Amen – I, Thomas Gardner of Rome Township in the County of Lawrence in the state of Ohio of the age of seventy-one years and being of sound mind and memory, do make, publish and declare this my last will and testament in manner following that is to say.
Item First – I direct all of my just debts and funeral expenses to be paid.
Item Second – I direct that my daughter Beulah Eustalia Gardner be furnished a comfortable support out of my estate so long as she shall remain unmarried.
Item Third – I give and bequeath to my said daughter Beulah Eustalia one thousand dollars to be paid to her on the day of her marriage or at the death of my wife whichever event first transpires and my executors are directed to sell enough of my estates to pay the said bequest at the proper time.
Item Fourth – In case I shall die before my well-beloved wife I give grant and devise unto my said wife during her natural life, all of the rest, residue, and the remainder of my estate both real and personal (after furnishing support to my said daughter Beulah Eustalia and paying the said thousand dollars in case she should marry in the lifetime of her mother) if my said wife should desire it all, but if my wife shall prefer then and in that case my executors herein after named shall sell and dispose of each part or parts thereof as she may designate and make a distribution thereof in the manner and in the proportion herein after appointed for the estates left after the decease of my said wife.
Item Fifth – At the death of my wife I direct that my executors herein after named sell and dispose of all my real estate and all of my personal estate not consumed by my wife at public or private sale and on such terms of credit as they may deem best to produce the largest fund, and to make all the necessary conveyances of my real estate.
Item Sixth – Out of the proceeds of such sales, I direct that one thousand dollars be invested by them in United States Bonds or upon real estates security as a permanent fund, the interest of which they are directed to pay annually and their successors for all time to come to the Pastor of the Beulah Regular Baptist Church of Rome Township Lawrence County in the state of Ohio.
Item Seventh – I have already given my son Amos Gardner five hundred dollars. I give and bequeath to him Five hundred dollars more to be paid to him by my executors after the death of my wife.
Item Eighth – I have already given my daughter Claretta McGee one thousand dollars in property and three hundred dollars in schooling.
Item Ninth – I have given to my daughter Julia Goodall now deceased in cash two hundred and nineteen dollars and fifty cents and in schooling three hundred dollars. I give and bequeath unto the children of my said daughter Julia Goodall four hundred and eight dollars and fifty cents to (be) paid on the death of my wife.
Item Tenth – I have already given to my daughter Catherine Cox One thousand three hundred and twenty-five dollars.
Item Eleventh – I have already given my daughter Anne Slatey two thousand dollars in land.
Item Twelfth – I have already given my son Judson Gardner two thousand dollars.
Item Thirteenth – I have given already to my son Roswell Gardner one thousand nine hundred and sixty dollars. I give and bequeath to him forty dollars more and no more to be paid at the death of my wife.
Item FourteItem Fifteenthenth – I have already given my daughter Alice Judd one thousand three hundred dollars in property and Schooling. – I have already given my daughter Maria Cox one thousand dollars. The above included all the advancements that I have made for my children. I have given to Dennison University five hundred dollars. I give and bequeath to Dennison University five hundred dollars more to be paid at the death of my wife.
Item Sixteenth – I direct that all of the rest residue and remainder of my estates real and personal (left after the death of my wife and the payment of the legacies herein before mentioned and the investments of one thousand dollars for the use of the Pastor of the Beulah Baptist Church aforesaid) be divided into two equal parts and that one of those equal parts be divided among my children who have not received two thousand dollars so that each of them with the children of Julia Goodall (the same to all of them as their mother) to receive with the advancements already made an equal share any sums which I may hereafter pay either of them to be counted as their distributive share under this will.
Item Seventeenth – In case any of my said children shall die before their distribution share becomes payable, then their distribution share is to be paid to their heirs at law.
Item Eighteenth – The other half of the surplus of my estates specified in item sixteenth I give and bequeath in equal shares to the American Baptist Missionary Union, To the American Baptist Home Mission Society, To the Ohio Baptist State Convention, and To Dennison University at Granville Ohio.
Item Nineteenth – I hereby appoint Roswell Gardner my son and Nelson Cox my son in law executors of this my last will and testament and hereby revoke all former wills by me made In witness whereof I have hereunto set my hand and seal this October A.D. 1865.
Thomas Gardner
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[Seal]
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Signed and sealed by the said Thomas Gardner as and for his last will and testament in the presence of us who in his presence and in the presence of each other and at his request have hereto subscribed our names as witnesses.
Abram Waddell
Isaac C. Dovel
Ironton A. Kelly
1st Codicil
Codicil to the last Will and Testament of Thomas Gardner
In the name of God Amen, I Thomas Gardner of Rome Township, Lawrence County, Ohio, do make and publish this Codicil to my last will and testament.
In as much as since the making of said will, I have sold my farm in said township to my son, Roswell Gardner, he to pay therefore Twenty One Thousand Dollars, One Thousand Dollars in cash, which he has paid, Two Thousand Dollars March the first A.D. 1870, Two Thousand Dollars March the first A.D. 1871, One Thousand Dollars annually thereafter until the whole amount be paid, said deferred payments to be without interest but to be paid before due if the said Roswell Gardner can do so, and in as much as said sale is in view of making a comfortable and suitable provision for myself and wife during our respective times and for my daughter Eustatia while she remains unmarried and that for that purpose there have been reserved the two east rooms of the homestead house, to wit, the East room on the first floor for myself and wife during our respective lives and the East room on the second floor for my said daughter while she remains unmarried, and in connection with the same said, Roswell is to provide for and take care of a horse and buggy for self and wife during said reservation to our use. It is also a part of the said contract that my wife and daughter are to be kept boarded during said times reserved for us respectively.
Now, therefore, in view of said contract and objects, I make and publish this codicil to said will and I will and devise to said Roswell Gardner and his heirs, all my said Real Estate in Rome Township subject to the conditions of said contract above-recited and which is reduced to writing, said Roswell to pay the amounts of purchase money therein agreed on which are to be paid to me during life, and the residue thereof to my personal representatives after my death, to be distributed according to the terms of my said will so far as I have not paid to them their respective shares, as therein, during my life. The demise (?) of the said farm is subject to a reservation of about three-fourths of an acre, more or less, being the lot belonging to the said Beulah Baptist Church and being used as a church and graveyard lot.
I have paid my daughter Beulah Eustatia, the one thousand dollars directed to be paid to her in said Will on her share.
In witness that the foregoing codicil to my last Will and Testament is my act and deed. I have hereunto set my hand and seal this day of A.D. 1869.
Thomas Gardner
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[Seal]
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Signed and sealed by the said Thomas Gardner as and for his last will and testament in the presence of us, who in his presence and in the presence of each other and at his request have hereto subscribed our names as witnesses.
Isaac C. Dovel
Ironton A. Kelly
2nd Codicil
Second Codicil to the last will and testament of Thomas Gardner.
Whereas I, Thomas Gardner on the blank day of October A.D. 1865 made my last will and testament of that day and on the blank day of the Year A.D. 1869 made a Codicil to the same now I Thomas Gardner do hereby declare the following to be a codicil to the same.
Item First – I give and devise to my beloved wife Barbery S. Gardner all the stock household goods furniture provisions and other goods and chattels which may be on the farm on which we now live in Sec. 26 Town 1 Range 16 in the County of Lawrence Ohio.
Item Second – I devise and bequeath to my beloved wife one thousand dollars out of that part of my estate mentioned in my Will as willed by me for benevolent purposes.
Item Third – I devise and bequeath to my beloved wife a small lot of land forming the lot already deeded to her about 88/100 of an acre more or less in said fractional (?) Section 26 Township one of Range 16.
Item Fourth – Said thousand dollars to be applied to improving the farm on which we now live and if any part of said thousand dollars remains at my death my wife is to use it as she pleases.
In testimony whereof, I have hereunto set my hand and seal this 27 day of October A.D. 1871.
Thomas Gardner
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[Seal]
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Signed and acknowledged by said Thomas Gardner as his last will and testament in our presence and signed by us in his presence.
Henry Goodall
Wm. M. Sintes
3rd Codicil
Whereas I Thomas Gardner on the day of October A.D. 1865 made my last will and testament of that day and on the blank day and month of A.D. 1869 made a codicil to the same do hereby declare the following to be a codicil to the same.
1st – Item 6th of my will provides for one thousand dollars of my money to be kept on interest and the same interest annually to be paid to the pastor of the Beulah Regular Baptist Church of Rome Township Lawrence County Ohio. I direct that five hundred dollars instead of one thousand dollars be invested as aforesaid the interest of which shall be paid annually to the pastor of the said Beulah Church and five hundred dollars of said funds as aforesaid be invested as aforesaid the interest of which shall be paid annually to the pastor of the Baptist Church called Pomeria in Windsor Township Lawrence County Ohio.
Item 2nd – That portion of my Estate mentioned in Item Eighteenth which was to be divided between the American Baptist missionary Union American Baptist Home Mission Society, Ohio Baptist State Convention, and Denison University at Granville Ohio I direct that one thousand dollars be taken from that portion of my estate and that my executors invest said thousand dollars in real Estate said real estate to be deeded to my daughter Ann H. Staley during her lifetime and to her children after her death.
I also direct that the taxes on the money due me from Roswell Gardner will hereafter be paid for me by Nelson Cox. I direct that said Nelson Cox be paid out of this benevolent fund mentioned in Item Eighteen of my will for all money paid by him as taxes for me and that he be paid interest on the same at the rate of ten percent annually.
Item 3rd – I hereby change Item Nineteenth of my will and appoint Isaac C. Dovel and Nelson Cox Executors of this my last Will and testament and hereby revoke the appointment of Roswell Gardner as Executor as mentioned in Item Nineteen of my will.
In witness that the foregoing codicil to my last will and testament and codicil hereto is my act and deed, I have hereunto set my hand seal this 7 day of May A.D. 1873.
Thomas Gardner
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[Seal]
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Signed and sealed by the said Thomas Gardner and for his last will and testament in the presence of us who in his presence and in the presence of each other and at his request have hereto subscribed our names as witnesses.
Nelson Cox
C. H. Davidson
4th Codicil
Whereas I, Thomas Gardner of Union Township in the County of Lawrence in the State of Ohio on the October A.D. 1865 did make my last will and testament and in A.D. 1869 made a codicil to said will do hereby declare the following to be a codicil to the same.
Item 1st – I do hereby give and bequeath to my beloved wife Barbara S. Gardner One thousand Dollars ($1,000) said funds to be derived from the benevolent amount willed and bequeath to the American Baptist Missionary Union, To the American Baptist Home Mission Society, To the Ohio State Convention and to the Denison University at Granville, Ohio as specified in Item Sixteenth and Eighteenth of said Will.
Item 2nd – Also in Codicil made by me on the 7th day of May 1873 the same which is attached to my last will and testament and in Item 2nd which provides for the investment of $1,000 in real estate said Estate to be deeded to my daughter Ann H. Staley during her lifetime and to her children after her death. I hereby revoke and hereby declare that portion of said codicil null and void.
Item 3rd – In my last will and testament made in October 1865 and in Item nine in wish, I made provision and bequeath unto the children of Julia Goodall four hundred and eight dollars and fifty cents. I Thomas Gardner in this codicil change the above Item so as to allow Juan Goodall and Eulita Booth One dollar each and no more and Ameranja Munsel in regard to her I make no change but still want her to receive her portion of the said sum of four hundred and eight dollars and fifty cents or one-third of the said sum. In testimony whereof, I have hereunto set my hand and seal this 9th day of October A.D. 1877.
Thomas Gardner
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[Seal]
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Signed and acknowledged by said Thomas Gardner in our presence and signed by us in his presence.
A. Soupene
E. Davidson
5th Codicil
Whereas I Thomas Gardner of Union Township County of Lawrence State of Ohio. In October A.D. 1865 did make my last will and Testament and in A.D. 1869 made a codicil to the same and again in October A.D. 1877 made a codicil to the same and that in Item 3rd of the said codicil in which two-thirds of said four hundred and eight Dollars and fifty cents is inappropriate and unrequited.
I Thomas Gardner in this my last will and codicil bequeath said the sum of two-thirds of four hundred and Eight Dollars and fifty cents to Nelson Cox if living if not to his wife and if both be dead to their heirs.
In testimony hereof I have hereunto set my hand and seal this 16th day of June A.D. 1879.
Thomas Gardner
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[Seal]
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Signed and acknowledged by said Thomas Gardner in our presence and signed by us in his presence.
A. Soupene
Ella Elkin
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