Last Will and Testament of Thomas Gardner
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 that 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 remainder of my estate both
real and personal (after furnishing a support to my said daughter
Beulah Eustalia and paying the said thousand dollars in case she
should marry in the life time 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 to 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 to 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 to my daughter Anne Slatey
two thousand dollars in land.
Item Twelfth - I have already given to 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 Fourteenth - I have already given to my daughter Alice
Judd One thousand three hundred dollars in property and Schooling.
Item Fifteenth - I have already given to my daughter Maria Cox
one thousand dollars. The above included all the advancements that
I have made to 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 and 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
------
[Seal]
------
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 said contract that
myself and wife and daughter are to be kept boarded during said
times reserved to 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 said farm in 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 church and grave yard
lot.
I have paid to 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
------
[Seal]
------
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 remain 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
------
[Seal]
------
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 interest of the same
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 to Dennison 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 life time and to her children after her death. I
also direct that whereas 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 per cent 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
------
[Seal]
------
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 (1000) 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 Dennison
University at Granville Ohio as specified in Item Sixteenth and
eighteen 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 One thousand
dollars $1,000 in real estate said Estate to be deeded to my
daughter Ann H. Staley during her life time 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 9 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 my codicil change the above Item
so 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 said
sum. In testimony hereof I have hereunto set my hand and seal this
9th day of October A.D. 1877.
Thomas Gardner
------
[Seal]
------
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 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 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
------
[Seal]
------
Signed and acknowledged by said Thomas Gardner in our presence
and signed by us in his presence.
A. Soupene
Ella Elkin