Hayden, Nathaniel - Will (1843)

• Title	Hayden, Nathaniel - Will (1843)
  Short Title	Hayden, Nathaniel - Will (1843)
  Publisher	"Michael Scott Caldwell Hayden Genealogy" (<http://www.michaelscottcaldwell.com/genealogy/home.html> : accessed 11 August 2007), the will of Nathaniel Hayden, dated 12 August 1843, transcribed by Michael Scott Caldwell from Westmoreland County, Pennsylvania Will Book 3, p. 147
  Source ID	S770
  Text	The last Will and Testament of Nathaniel Hayden Sr. of Rostraver Township Westmoreland County and State of Pennsylvania I Nathaniel Hayden Sr. considering the uncertainty of this mortal life and being of sound mind and memory, (Blessed be Almighty God for the same) do make and publish this my last Will and Testament in manner and form following. Viz: 1st. I give and bequeath unto my Grandsons Samuel Hayden James Hayden and Abijah Hayden sons of Thomas Hayden the tract or piece of land on which I now reside situated in said Township of Rostraver & County of Westmoreland bounded by lands of Gilbert Bake Joseph Van Kirk George Thompson and others to be equally divided among them in acres; and to be subject of the use of said Thomas Hayden & his wife Mary Hayden during their natural lives: and in case any of the said heirs should decease before they inherit the estate it is to be equally divided among the remaining heirs of this bequest. 2nd. I give and bequeath to my Grandson Zerah Linder that piece of land on which my daughter Abigail now resides situated in Belmont County Ohio being a third part of a tract of land bought by me of Francis Barchurst containing 120 acres, and it is situated on the east end of the premises, subject to the use of my daughter Abagail Linder and her husband Joseph Linder during their natural lives; and in case the said Zerah Linder should decease before he inherits this bequest it is to be equally divided among his Sisters. 3rd I give and bequeath to my Grandson William Tipton a certain piece of land on which he now lives situated in Belmont County, Ohio, being a third part of the aforesaid premises purchased of Francis Barchurst & adjoining the part bequeathed to Zerah Linder. 4th I give and bequeath to the heirs of my Daughter Phebe Ketchem deceased Viz: Abagail, Rhoda, Hannah, Sophia & Elsy, the remaining third part of the above mentioned premises in Belmont County Ohio, being the western part and adjoining that bequeathed to William Tipton, to be equally divided among them and in case any of said heirs should decease before they inherit this bequest it is to be equally divided among the surviving heirs. 5 I give & bequeath to my Daughter Abigail Linder ten dollars and all the clothing not bequeathed with all the household and kitchen furniture. 6th I give and bequeath to my Son Zerah Hayden a certain piece of land situated in Allegheny County Pennsylvania adjoining lands with William Woods Jonathan Hayden and others being a part of a tract of land bought by me of John Daily, which part is situated on the north side of the Turnpike road. 7th. I give and bequeath to my Son Jonathan Hayden a piece of land situate in Allegheny County Penn. adjoining lands of George Thompson John Torrance and others belonging to the aforesaid tract of land bought of John Daily, being the western part of what is situated on the south side of the Turnpike road, to be run off by a straight line beginning at the Turnpike road a little below a wild Cherry tree stump and from this to run about a rod below the spring near the old Cabin and thence to the land of George Thompsons. 8th I give & bequeath to my Grandson Nathaniel Hayden son of Thomas Hayden the remaining part of the abovementioned tract of land bounded by lands of Zerah Hayden Thomas Hayden and others being the eastern part of [*****] situated on the south side of the road and including the dwelling house in which Thomas Hayden now lives, it is to be subject to the use of the said Thomas Hayden & his wife Mary Hayden during their natural lives. 9th. I give & bequeath to my Grand Daughter Mary Anne Forsythe the sum of fifty dollars to be paid equally by my three sons Zerah Hayden Jonathan Hayden & Thomas Hayden in young cattle. 10th I give & bequeath to my three sons Zerah Hayden Jonathan Hayden & Thomas Hayden all my property and money not before bequeathed after all just debts and expenses are paid to be equally divided among them: and in case my movable property & money should not discharge all my debts funeral expenses &c. They shall be paid equally by my 3 sons above mentioned. I will that my executors furnish and put up grave stones to my own grave my wifes grave & my daughter Phebe Ketchems grave: the quality left discretionary with my executors. And lastly my express meaning and will is, and I do hereby order & appoint that if any difference dispute question or controversy shall be moved arise or happen concerning any gift or bequest in this will given & bequeathed, expressed or contained, that then no suits in law or equity or otherwise shall be brought, commenced or prosecuted for or concerning the same: but the same shall be referred wholly to the award, order & determination of my friends Thomas Ryall, George McClure Zerah Hayden & Nathan McGrew his son in law, executors of this my last Will & Testament revoking all former wills by me made. In witness whereof I hereunto set my hand and seal A.D. one thousand eight hundred & forty three on the twelfth day of August. Nathaniel "his X mark" Hayden {Seal} Signed Sealed & delivered by the said Nathaniel Hayden to be his last Will & Testament in the presence of us who at his request & in his presence have hereunto set our hands as Witnesses thereto. Jos. Van Kirk Junr. George McClure Whereas I Nathaniel Hayden of Rostraver Township Westmoreland County and State of Pennsylvania Have made my last Will & Testament in writing duly executed bearing date the twelfth day of August in the year of our Lord one thousand eight Hundred forty three wherein and whereby (amongst other things) I did give and bequeath unto my three Grand sons Namely Samuel, James and Abijah Hayden (children of my son Thomas Hayden) all that Messuage and piece or pieces of land include the part whereon I now reside situate in Rostraver Township Westmoreland County and State aforesaid which said Messuages or pieces of land after whose decease to go to the said Samuel, James and Abijah Hayden or the survivors of them Share and Share alike. Now I the said Nathaniel Hayden being desirous of Altering my said will in respect of said Legacies above mentioned As I have made my son Thomas Hayden a Deed for said land to him his Heirs and Assigns forever I do therefore make this present writing which I will and direct to be Annexed as a Codicil to my said Will and taken as a part thereof, and I do hereby revoke the said Legacies by my said Will given to my three Grandsons and their parent as far as Respects that Messuage and piece of land - And I do give and bequeath to my son Nathaniel Hayden the sum of one Dollar, he having received a proportional share of my estate previous to the date hereof - And I do hereby ratify and Confirm my said Will in everything therein Contained (except where the same is revoked and altered or added.) In Witness whereof I have hereunto set my hand and Seal this -- day of July in the year of Our Lord one thousand eight Hundred and forty four. Nathaniel "his X mark" Hayden {Seal} Signed, Sealed, and published by the said Nathaniel Hayden as and for a Codicil, to be Added to, and to be Considered as a part of his last Will and Testament in the presence of us who have Subscribed our names in his presence. Jos. Van Kirk Junr. George McClure Legally proved and approved, the 23d. day of September A.D. 1845. Same day recorded and Letters Testamentary granted to Executors. Executors Sworn before D. Cook, Regr.