Alexander County

James Dexter's Will

November 13, 1842

In the name of God Amen. I, James DEXTER, being weak in body but of sound mind and memory make this my last will and testament, hereby revoking all other wills and first, I will that my body return to the dust from whence it came and my spirit to God who gave it and as to my property personal and real whereof I am possessed I will and bequeath as follows to wit.:

To my beloved wife Mary DEXTER I give one horse and saddle, five cows and calves, two beds and bedding thereto belonging to be selected by her, and forty dollars worth of household and kitchen furniture and the use and occupation of my homestead farm on which she now lives during her lifetime and then to descend as hereinafter directed.

To my son Silas DEXTER I will and bequeath the tract of forty acres which lies nearest his farm where he now lives to have and to hold the same forever, and also one hundred dollars out of my personal estate, also the personal estate hereby bequeathed to my loving wife Mary at her death.

To my grandson James DEXTER, the son of Silas DEXTER, I give and bequeath one hundred and twenty acres of land being the farm on which I now live (reserving, however, a life estate for my wife Mary DEXTER, as above specified) to have and to hold the same forever, and also the all the balance of my personal effects after the payment of all my debts and satisfying the other bequests herein specified to the same what it may. And should the said James DEXTER die before he shall have heirs of his body, then the said realestate and the personal estate hereby bequeathed to him to descend to the heirs of Silas DEXTER, my son, begotten on the body of Lucinda DEXTER, his wife.

I hereby appoint and constitute my son Silas DEXTER and Levi L. LIGHTNER executors of this my last will and testament to execute the same and I will that my said executors proceed to sell the personal estate not herein especially reserved to my wife Mary, and collect the debts due me within a reasonable time after my death, and give credit on the sales of the personalty and all sums of twenty dollars and over two years all sums under that amount one year, taking good personal security for the payment of the same.

In testimony wherof I have hereunto set my hand and seal this the fifth day of November A.D. 1842.

Signed sealed and acknowledged in prescence of us at the request of James
DEXTER and in prescence of each other.

James DEXTER made his mark.
Witnesses who signed were: Timothy BARLOW, John DOUGHERTY, and Bryan SHANNESSY.

Codicil to the above my last will and testament made this 13th day of November AD 1842 in addition to the foregoing bequests to my son Silas DEXTER I give and bequeath to him all my town lots in the town of Santa Fe in the county of Alexander and I further bequeath to my son Silas DEXTER the ballance of my beds and bedding not heretofore bequeathed to my wife Mary and I further bequeath to my son Silas the whole proceeds of the sales of my personal estate after paying my just debts (in the place of the one hundred dollars heretofore bequeathed to him).

In witness whereof I have here signed this codicil to this my last will and testament date as aforesaid. Signed sealed and acknowledged in prescence of James DUGAN, Patrick CLAHARD (made his mark), and E.B. CONE. James DEXTER also made his mark.

In his probate records Moses MILLER filed an account against the estate of James DEXTER for 1 barrel, 2 1/2 gallons, and 6 guords of whiskey $3.85, 7 1/2 pounds of coffee $2.25, and 2 plugs of tobacco, 75 cents. This was not the only claim against the estate. Silas DEXTER reported to the court in October term 1850 that the estate was $891.06 in debt and that the only way to pay the debts was to sell his land. 22 Dec 1853, Silas DEXTER sold 80 acres in section 5, along with other property, for $1,600 to William CLAPP. 19 Aug 1854 Silas sold the rest of the farm in section 5, (northeast quarter southeast quarter and southwest quarter southeast quarter) to William CLAPP for $400.

Contributed 19 Jul 2009 by Darrell Dexter

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