#7334 B4 P.180
I, Charles M. Foulks of the county of Columbiana and state of Ohio, being of sound disposing mind and memory, do and publish this my last will and Testament in manner and form following.
It is my will that my body be decently buried, and all my just debts be fully paid.
I give and bequeath unto my wife Sidney Foulks in lieu of dower, during her natural life, the farm on which I now reside, the same being a part of section 16 in township six, and first range, containing about one hundred and ninety-five acres, except such part thereof as I shall specifically dispose of in this will; I also in like manner bequeath unto my said wife all my household and kitchen furniture except one iron safe, one rifle gun, and one pocket pistol. In like manner I bequeath to my wife two horse creatures, two milk cows, forty head of sheep, four head of hogs; one two horse wagon and geering, one two horse carriage and harness, one Fanning mill, one mowing machine, one horse rake, one harrow, two ploughs, one corn cultivator, one sled, and doubletrees, two shovels, one grubbing hoe, one falling axe, two pitchforks, two hilling hoes, the provisions on hand at the time of my death; the grain growing or gathered, not exceeding fifty bushels of wheat, one hundred bushels of oats, fifty bushels of corn, five tons of hay, and one side saddle and bridle.
I give and bequeath unto my son Charles S. my entire interest in the farm on which he now resides, and known as the Cooley farm, which was purchased by H. M. Cown, Esq., L. Jackman and myself from the adminstration of the ... Cooley deceased, which said interest I give unto my said son, his heirs and assigns, but subject to the payment of two hundred dollars to my daughter Elizabeth Jane Carman, which sum I give and bequeath unto her, and I order that my said son pay said sum unto my said daughter within two years from the time of my death.
I give and bequeath unto my daughter Margaret A. two hundred and fifty dollars, which I order and direct my Executor hereafter named to pay to her out of the first monies which may come into his hands after the payment of my debts.
I give and bequeath unto my daughter Elizabeth Jane Carman and unto my son Albert G. share and share alike seventy acres of land being part of section Fifteen in Township Six and first Range, the same being known as the McDonald tract of fifty acres and the Pottery lot of twenty acres. I also give them that part of section Sixteen which lies West of an adjoining the Pottery lot, and East of the ravine, or stream leading into Longs-run, thence down Longs-run to the line between sections fifteen and sixteen, reserving the right-of-way on the South side of Longs-run through said part of section sixteen, and the Pottery lot, to a house I own on the North side of the run on section Sixteen. Said pieces of land as described I give to my said daughter and son, their heirs and assigns.
I give and bequeath unto my daughter Margaret A. and my sons Daniel H. and James M. share and share alike (from and after the death of my wife) the farm bequeathed to my wife during her natural life and it is my desire that my said chldren named in this item continue to reside with my wife during her life, including my son James, if he be restored to reason; or it otherwise be thought adviseable by the survivors of my family; and at the death of my wife said farm to pass to my said three children, their heirs and assigns, share and share alike. Said farm to be under the control and management of my daughter Margaret A. and son Daniel H. after the death of my wife, so long as my son James M. remains insane (and to be at their entire disposal) yet subject to the furnishing of James with reasonable clothing. I also give unto the three last named children share and share alike whatever personal property may remain of that bequeathed to my wife, after her death (James' share to be at the disposal of Margaret and Daniel) and it is my desire that my sister-in-law Hannah Herbert may continue to reside with my family as heretofore.
I give and bequeath to my son Daniel H. one Iron safe, one rifle gun, and one pocket pistol.
Any land or lots owned by me at the time of my death and not herein disposed of, I direct my Executor hereafter named, to sell at public or private sale, and convey the same to the purchaser or purchasers; and dispose of the personal property not bequeathed at public sale; and the residue and remainder of my estate after such sales (if remainder there be) after the payment of my debts and the legacies herein named, I order to be divided equally among all my children; any interest James may have under this clause of my will to be under the control of my son Daniel H. so long as James remains insane.
I constitute and appoint my son Daniel H. Executor of this my will, revoking all former wills by me made, and confirming this alone.
In testimony whereof, I have hereunto set my hand and seal, and publish and declare this to be my last will and testament in the presence of the witnesses named below, this 30th day of November in the year A.D. 1869.
Signed, sealed, published, and declared by the said Charles M. Foulks, as and for his last will and testament in presence of us, who in his presence and in the presence of each other, and at his request have subscribed our names as witnesses.
John Thompson
Charles M. Green
Send E-mail to thomfoulks@foulks.com