Last Will and Testament of Andrew Dugan

Probate Court record Book C (1843-1843) page 5-8

In the name of God, Amen. I Andrew Dugan of Newton Township in the County of Muskingum state of Ohio, being weak in body but of sound mind and memory do make and ordain this my last will and testament;
____1st. It is my will that after my decease my executor here in after named, collect as early as practicable all the debt due and owed me, and that he pay my funeral expenses and all other just and lawful demands against me without delay--It being understood that I owe but a very limited amount.
And 2nd; It is my further will that, as soon after my decease as convenient my executor sell at public vendue on a credit of six months for notes of hand with approved security, the following articles of my personal estate. To wit; Two horses, the one brown the other gray,one pair of young oxen now in the care of James Adamson, to be brought home next April, two plows and one harrow and jack, other articles of loose property as may not be wanted for the use of the family or to stock and carry on the farm. Provided always that all the tools at the tannery are exempt from sale until after the stock on hand has been disposed of agreeable to the following articles of this will; it being understood, also, that all the leather that may be finished and on hand at the time of my decease whenever found belonging to me, shall be sold at private sale on the most advantages terms practicable.
And 3rd; Whereas I have on hand a stack of hydes at my farm, which could not be advantageously sold in their present condition, therefore it is my will that my executor employ at his disposition a Tanner and curator to assist in taking an account of said stock and also that he employ suitable workmen to finish and prepare said leather for market as follows.
____That part of affordable hydes (supposed to be about one half ) that may be found sufficiently tanned to finish to the best advantage an to be dried and ready for market between this and the first of June next. sold thereafter by my executor at private sale on the best terms possible. He remained of said hydes are to remain in the vats until November next ensuring then to be taken out, finished, and sold as affore said.
And 4th. It is my further will that my executor enclose a field of such dimension as he may deem expedient with my Tannery and put the dwelling house connected therewith in suitable repair for rent, and that the same be leased year by year or for a term of years on the best terms practicable for the benefits of my estate. It is also my will that my executor take the general supervision of all my real estate whenever situated so far as to prevent the destruction of timber or injury from other sources; and whereas my farm adjoining that on which I now live and one on BrushCreek now both under leases. I desire my executor to attend to the collection of the rents and other matters connected with said leases, and when the present terms expire to lease them again on such terms as in his judgement will best promote the interest of my heirs.
---5th; Whereas I own fifteen acres of land on Wolf creek which is so remote from the rest of my estate that it will be inconvenient taking care of it therefore I authorize and empower my executor by virtue of my last will and testament to sell and convey the same to any person wishing to purchase as such terms as he may deem expedient and to make as good and perfect a title to the purchaser as i could make were I living.
6 th. In consideration of the affection I bear to my well beloved wife, Betsy, and my love for my five dear children about to be left in her care, and with a sincere desire to make ample provision for their comfortable continuance together as a family, as long as may be desirable after my decease, I give and bequeath to my beloved wife affore said --e [the] sole and mutual benefit of herself an the children, affore said, all the stock of horses, cattle on the farm, and the gain and provision on hand, and all the implements of husbandry and household furniture not required to be sold by previous provision of this will. I also bequeath unto my dear wife, for the benefit of herself and the children, affore said, the free and un-incumbered occupancy of the dwelling and farm where I now live (the Tannery exceptus) and all [simgular], the rents, issues and profits thereof to be applied solely and exclusively to the maintenance of my beloved wife and for the support and education of my dear children, affore said. It being understood that if my wife shall survive the minority of the youngest of my children in consideration of the love I bear her and the care that must necessarily devolve upon her in bringing up my children, affore said, it is my will that she have the privilege of occupying the premises affore said, and enjoy the rent, issues, and profit thereof during her natural life, the free hold being held in revision as a part of the portion for my surviving children.
7th; In order to make further provision for the support and better education of my dear children and to lighten the burthens that would otherwise devolve upon my beloved wife in proving for them, [it is] my will that after my personal estate is settled, all money in the hands of my executor, and all that may accue from sales, rents, and that shall come into his hand, after paying the court taxes and expenses from year to year shall be vested in a fund bearing interest, the interest to be paid annually and so much thereof, as my executor may deem necessary for that object shall be applied towards the support and education of my children affore said, after the provision herein before made shall from year to year have been exhausted.
8th; Should any or all my sons survive the age of fifteen years it is my will that they severally bound out at that time to learn some respectable and lucrative trade, such as best suit their several inclination and capacities; provided that they shall in no wise be bound to any merchanick or merchanick who are not industrious and moral: It being understood that my two daughters are left solely to the disposal of their mother. But should their mother die before all the children reach the age of life affore said, or before the daughters arrive at the age of eighteen years, then those in the minority shall choose guardians or have therm appointed as the case may require.and be bound out as affore said at suitable trades and places, proper provision being made for their respectable maintenance and schooling, allowing them as nearly equal privileges and advantages as the matter of the case will admit.

9th: To my dearly beloved children viz. Benjamin Dugan, John Dugan, Jane Dugan, Andrew Dugan, and Martha Dugan I give and bequeath all my real and personal estate that may remain unexhausted in their maintenance, wheresoever situated, (excepting the personal bequest before named ) to be equally divided between them, share and share alike and to [ descend ] to their heirs or assign as apportioned and set off to then agreeably to the following rules.
Viz: That my son Benjamin shall have attained to the age of twenty one years, there shall be set off to him one fifth part of all my val personal estate, independentof the farm where I now live, providing my wife shall be there living; otherwise he shall have his divide of that also; and as fast as my younger sons before named shall arrive at the age of twenty one years, and my daughters at the age of eighteen years, they shall have their portion allotted to them in the same manner: It being understood if any one or more of the children die before they attain to the age affore said that portion otherwise due from my estate to such, shall reserved till the youngest arrive at maturity, and then divided equally among the survivors, and after the decease of my wife the home farm affore said shall also be equally divided by sale or otherwise as the case may ----- among such of my children as may then be living; provided that if any of my children have deceased and left issue such issue shall in ------ to the home farm, share the portion that would have fallen to the parent if living, and in like manner shall they share in the divided of the portion of such as may die in their minority, anything implied in the forgoing sentence to the contrary not withstanding.
10th. I nominate constitute and appoint Milton B. Cushing of Putnam, Muskingum County Ohio, Executor of this my last will and Testament, with power to employ as assistant or assistants, an attorney or attorney's and to take any other measures that may he deem necessary to carry the provision of this will into full and complete effect at the expense of my estate in the same manner as I might do were I living.
In _____whereof I have hereunto subscribed my name and affixed my seal at my residence in Newton Township, affore said, this twenty fifth day of February A.D. eighteen hundred and thirty two.

Andrew Dugan [seal]
IN the presence of
William Lawrence
Alexander Wo[r[k

Recorded: Filed 14 April 1832