Last Will and Testament of Robert Burns


Richland County, Ohio
AR 4, pg. 266

I, Robert Burns of the County of Richland in the State of Ohio. Do make and publish this my last Will and Testament in manner and form following that is to say

First. It is my Will that my Funeral Expenses and all my last Debts be fully paid.

Second. I give divise and Bequeath to my beloved Wife Ruth Burns in lieu of her dower all the Household and Kitchen Furniture, Beds and Bedding, All the wearing apprel all the silver Spoons, And the sum of Fifty dollars per anum during her natural life to be disposed of in such manner as she may think proper Th said sum of Fifty Dollars to be paid to her anually by my executors from any monies that may arise out of my estate not otherwise specifically devised. It is my further Will that she shall have her choice in any House that may be on the farm on which I now live. at my decease of any Room in any such House as she may choose for her own to use during her natural Life, and befurnished with firewood ready prepared, Provisions and all other necessaries suitable for her comfort and convenience in sickness and in health. And to have the choice of one Cow of all that may be on the farm at my decease the Cow to be kept for her, and for her sole use during her natural life if she so ??. Bu if my Beloved Wife should choose to live in any other place in Jefferson Township of this County she may select any suitable Room therein and befurnished in every particular the same as though she staid on the farm, and may shift her residence when she may think proper. I mean to be under stood that my Wife furnish her own wearing apparrel.

Third. I give and devise to my Grandson William Courson the Homestead Farm on which I now live in fee (said Farm being the south West Quarter of section seven in Township Nineteen Range 18 in Richland County and State of Ohio)

Provided he shall pay one thousand dollars within five years after my decease to my Executors to be disposed of in such manner as is herein after divised and specified And shall furnish my beloved wife Ruth Burns with all the necessaries and expenses necessary for her comfort as is in this my last will devised to her Except the fifty dollars mentioned to be paid to her anually and her wearing apparrel (which the said fifty dollars is intended to supply.)

Fourth. I give and divide to my Grand daughter Sophia Morrow (whose maiden name was Sophia Blair) the south east quarter of section seven in Township two south of Range three West lying on and being in Jackson County State of Michigan during her natural life. Subject to cortesy according to law, then to the heirs of her Body in fee. But if the said Sophia Morrow shall die leaving no children issue of her body living of their decendants then adn in that case it is my will that the said land be sold either at her decease or at the end of the Curtesy. Estate provided Curtesy should attack, as my executors may think most proper and the proceeds of such sale to be applied as herein after divided and specified.

Fifth. I give and divide to my Grand Daughter Mina Coursen the North East Quarter of Fractional section six in Township two South of Range three west lying and being in Jackson County State of Michigan. Subject to the same conditions and to be disposed of in the same manner in all respects as is specified in my divise to Sophia Morrow in the fore part of this my Will.

Sixth. I give and devise to my Grand Daughter Margaret Leedy (whose Maiden name was Margaret Whitnah) the North West Quarter of Fractional Section six in Township two south of Range three West lying and bein in Jackson County & State of Michigan upon the same conditions and to be disposed of in the manner in all respects as is specified in my divise to Sophia Morrow in the fourth section of this my Will.

Seventh. I give will devise to my Great Grandson Robert B. Morrow (son of my Grand Daughter Sophia Morrow) the west half of the North East Quarter of section seven in Township two South of Range three West lying and being in Jackson County State of Michigan upon the following conditions, to wit, If the said Robert B. Morrow shall live to the age of twenty one years or have children heirs of his Body then, and in such case, he is to have the above named lands in fee. But if he should die under the age of twenty one years without issue living at his death in that case it is my Will that the above named land be sold and teh proceeds be equally divided among his Brothers and Sisters or their Issue per Capita per Stirpes.

Eighth. And I do further Will and divise that all my other lands of which I may be possessed of at my death And all my personal Estate goods and chattles not otherwise disposed of in this Will and the proceeds thereof, together with all money on hand at my Decease and all that be collected on debts due me the thousand dollars to be paid by William Coursen and that my arrise from sales under this Will, or in any other manner attach to my Estate to be equally divided between my Grand Children or their issue per Capita and per Stipres (including the children of my Dauther Ruth Whitnah) after satisfying all the bequests and divises in this Will makde. It is my Will that my Executors may divide any monies they may have or hands at any time not otherwise needed for divises above named among those entiled equally in such manner as shall be deemed not useful to those conserned.

Ninth. And lastly. I hereby constitute and appoint William Coursen, John Morrow and Samuel Leedy the survivors or survivor of them to be Executors for this my last Will and Testament. Revoking and annulling all former Wills by me made, and confirming this and no other to be my last Will and Testament.

Intestimony whereof I have hereunto set my hand and seal this twntieth day of January Eighteen hundred and Forty One. Signed Published and delivered by the above named Robert Burns as and for his Last Will and Testament in presence of us who at his request have signed as witnesses to the same.

Robert Burns

B. Jackson
Joseph Hildreth
A.J.Bench

The State of Ohio
Richland County ss
Personally appeared in open Court Benjamin Jackson and Joseph Hilareth two of the witnesse to the within Will, who first duly sworn, depose and say that the name of Robert Burns, the said Testator as it appears to said Will is his proper signature, that he subscribed the same in their presence and in their presence and hearing declared the same to be his last Will and Testament that they together with Abijah J. Beach whose name also appears as a witness thereto subscribed the same as witnesses thereto at the request and in the presence of said Testator and in the presence of each other that said Testator was at the time he subscribed the same of full age, of sound mind and memory and under no restraints.

Sworn to & subscribed in open Court
this 18th day of February AD 1843

Joseph Hilareth
B. Jackson

B. Burns Dept. Clk.