Surnames: DAWSON, DOWNARD, KENDALL, CORE, JOHNSON, HANNAH, THOMAS, HAGE, BROWN, ABRAMS, WHEATON, PIPER

Will of John Dawson

In the name of God Amen, I John Dawson of Georges Township Fayette, and Commonwealth of Penna. being of sound mind and disposing memory, being desirous to settle my worldly business while I have strength, and capacity to do, that I may be better prepared to leave this world, when God in his providence may call me hence, do make and constitute this my last will and testament in the following manner to it, I give and bequeath my soul to God its creator, and my body to a decent Christian like buriel.

Item, 1st     I give and bequeath to my loving wife Elizabeth Dawson in lieu of her lawfull dowry, the entire use and possession of my homestead farm containing two hundred and forty acres of land, more or less, being the same tract of land, willed to me by my late father Jacob Downard, deceased, during her natural life, for the purpose of maintaining, schooling and instructing my children, also as much of my household and kitchen furniture, as she may desire, for the use of the family, together with her choice of four head of my horses and harness for each, one plough, and harrow, windmill, with other farming tacklings, four cows of her choice, the entire stock of hogs, and sheep on hands, if she sees proper to take them. Likewise to have provision for the family and stock after my decease, until it can be procured of the farm, together with the bees in the hive, or any other necessary article on the farm, to carry on the same. And at the decease of my wife, it is my will and I do direct my executor to sell the farm before described, and divide the proceeds equally between my four youngest children namely Lewis Merchant, William Henry, Elizabeth, and Harrison, but in case my wife should die before all the legatees named should become of age, I nominate to the Court my worthy friend Jeremiah Kendall Jr. their Guardian, him in conjunction with my executor shall use the farm and personal property to keep the children together, and apply the proceeds to their use, but in their judgment should they believe it most advantageous to the interest of the heirs named to sell the farm that has been described, and willed to them and the personal property so remaining shall be sold and equally divided, share and share alike between all my surviving legatees.

Item 2nd     For the purpose of making provision for paying my honest debts, it is my will, and I do direct my executor to see the ballence of my personal property, at either private or public sale, and with the proceeds and dues coming to the estate apply to paying the debts together with the rents of the balance of my land hereinafter described with the surplus produce of the homestead farm, until there is a sum sufficient to pay all my just debts and funeral expenses. Then the balance of my land including the land I purchased of Johns Thomas situatied in Union Township, adjoining lands of Isaac Hage, Abraham Brown, and others, containing one hundred and thirty Acres, more or less. Likewise the farm I purchased of my Brother, Jacob Dawson, adjoining my homestead farm, it being the same land, divided to him, the said Jacob, by our late father Jacob Downard, deceased. Also a small tract I purchased of Jesse Hannah, containing fifty-two acres and one-half, to gether with a house and lot adjoining said tract this lot I purchased of Elizabeth Wheaton, the several peices or tracts of land last enumerated is to be sold at the desire of my executor when it wil be considered by him and the heirs interested that they will bring a fair prices and the proceeds of the sale and the balance of the rents if any shall be qually divided, share and share alike between my five eldest children namely James, Eliza Ann, Jacob, Sarah Jane and John Sturgeon, share and share alike, but in case either of my children should die without a lawful ishue their share or shares shall be queally divided amonst the rest of the Legatees.

3rd Item     It is my will and I do direct, should there be any differences of opinion arise between my executor and widdow, or between my executor or any of my heirs with respect of the construction or execution of this my will I nominate and appoint my worthy friend James Abrams of Georges Township, as Arbitrator in the case who shall have full power after hearing the parties proofs and allegations to give her desition in writing which shall be final from it there shall be no appeal any law usage or custom to the contrary notwithstanding. Lastly I nominate and appoint my worthy friend Isaac Core, Executor of this my last will and testament, and in case of resignation, I authorize him with full power to nominate to the Court his successor but in case of death, I give this power to my arbitrator James Abrams to nominate his successor. I further impower my executor to make and execute all deeds of conveyance, or in case of any unforeseen emergency to sell and convey a sufficiency of the homestead farm to meet the difficulty. In testimony whereof, I have hereunto set my hand and seal this 14th day of April, A. D. 1841, revoking all former wills made by me, to be of no effect, but declaring this and only this to be my will and Testament.

Sined, acknowledged, in the presence              John Dawson [seal]
of the subscribing Witness:
H. W. Core, Jacob Johnson
Fayette County Pa    Be it remembered that on the 10th day of June [seal] 1841. Before me James Piper, Register, for the probate of wills and granting letters of administration, in and for the County aforesaid personally came H.W. Core, and Jacob Johnson, the two subscribing witnesses to the within will and the former H. W. Core being duly sworn and the latter Jacob Johnson being duly affirmed according to law they both doth depose and say, that they heard John Dawson the testator declare and acknowledge the same as his act and deed, and, as and for his last will and testament, and that at the time of so doing he was of perfect sound mind, memory and understanding to the best of their knowledge observation and belief. That he requested them to sign the same as witnesses, which they did in his presence by the decedent. In Testimony whereof I have hereunto set my hand and seal of the Registers Office at UnionTown, the day and year above written.

James Piper, Register

Note. Letters Testamentary were granted to Isaac Core, the Executor named, who was duly sworn 10th June 1841

Source: transcribed by Elaine Kalantarian from a photocopy of the county clerk's recorded copy of the will