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Cass Family Documents

Last Will and Testament of Maj. Jonathan Cass


NOTE: I have added my own paragraphing to this document for easier readability. — SAJ

In the name of God, Amen, I Jonathan Cass of the Township of Jefferson, County of Muskingum in the State of Ohio being estreemly feeble in body, but of sound and ? disproving memory and understanding, do make, and publish this as my last will and testament in manner following- to wit

In the first place , in a reasonable time after my decease, my funeral expenses, and my just debts are to be paid by my wife Mary, thro the hand of my execetors hereinafter named ----

To my beloved wife Mary, I give and bequeath rents if owed? and profits of all my cleared land owned by me in township of Jefferson aforesaid during her natural life, she paying the taxes for said land ----

To my daughter Deborah, I gereby give, bequeath and devise the one fourth part of all the real estate I own in the said township of Jefferson, to her and her children forever. To my daughter Mary, I also give, bequeath and devise, the one fourth part of the land I own in said township of Jefferson to her and her children forever. The remainder of my real estate I hereby bequeath to my son Charles Lee Cass-to him and his heirs forever. To my son Charles, I also bequeath all wearing apparel.

To my daughter Deborah, I give and bequeath my gold watch. To my daughter Mary, I bequeath my sideboard. To my son George, I bequeath my set of dining tables. These several bequeaths to my daughters of personal property are subject to the use and claim of my wife during her natural life should she so desire. With the decease of my wife, it is my will and desire that all the residue of my personal property, not herein before devised be equally divided by my Executor between my children, Deborah, Mary, Charles, my other children having been heretofore sufficiently provided for. My wife having the right to make hers during her life of whatever money she calls for from my Executor.

My son George Cass, thereby constitute and appoint my Executor of this my last will and testament, believing that he will take special charge of the evidence of claim I hold against others, and faithfully and delegently, and collect and apply them strictly as herein devised.

In testimony whereof I have here unto set my hand and seal this twenty day of ---- in the year of our Lord [one thousand] eight hundred and thirty

Signed, Sealed, published Jonathan Cass (seal)

and declares by the testator as his last will and testament in our presence, who at his request in his presence, and in the presence of each other have subscribed our names as witness thereto

Signed by: John C. Mary



Last Will and Testament of Charles Lee Cass

Made at Muskingum County, OH, 1 Jul 1840

I, Charles L. Cass, of Jefferson Twp. in the County of Muskingum and State of Ohio do make this my last Will and Testament.

It is my devise that all my just debts shall be paid as soon as convenient after my decease. After the payment of which debts, my funeral expence and cost of executing this will I give and bequeath to my wife Sarah (should she survive me) all the residue of my persoanl estate of which ever kind the same may be to her, and her executirs, administraters, and ....... forever. This bequeath is made and in belief my said wife will dispose of what may remain....then of at the time of her decease to the benifit of my children.

In case my said wife shall not survive me I will and bequeath the said personal estate to my son Charles L. Cass. I give and devise to my said wife in case she should survive me for and during her natural life all the lands and tenements I may own at the time of my decease, this devise is subject to the.... that out of the rents expence and profits of the said land and tenements my wife shall furnish during her said life, a proper and suitable maintenance for my son Charles L.Cass, and his wife and children should he have any which maintenance I hereby charge upon the sain lands and tenements.

I give and....(devise) to Timothy D. Townsend for and during his natural life the one third part of all this lands and tenements which I may own at the time of my decease, this bequeath to take effect immediately on my decease shall my said wife not survive me, and should she survive me then, to take of just at her decease. I give and bequeath to my daughter Ellen (wife) of Ferdinand Lement (sic) and to the heirs of her body the undivided half part of all the lands, tenements I may own at the time of my decease this devise is subject to the devise have, in before made to my wife and Timothy D. Townsend I will and bequeath to my son Charles L. Cass and to the heirs of his body the other undivided half part of the lands and tenements that I may own at the time of my decease, this devise is also subject to the devise have in before made to my wife and the said Timothy D. Townsend.

In case my son Charles L. Cass shall not survive me or in case he survives me and afterwards die without heirs of his body in that case I give and bequeath his said share to my said daughter Ellen Lement (sic) and the heirs of her body.

In case my said daughter Ellen should not survive me, and in case of her surviving me and her death.... of my said son Charles L. Cass in ... the heirs of her body are to take the devises which are herein before made to her. I hereby appoint my said wife executrix of this my last will and testament.

In witness whereof I here out set my hands set this first day of July 1840. Signed, Sealed, published and declared the said

Charles L. Cass (seal)

Charles L. Cass as for his last will and testament in our presence who at his request have the same in his presence this signed by:

Geo. W. Cass
Mary G. Munro


Last Will and Testament of John Cass

husband of Martha Philbrick

Made at Hampton, Rockingham Co., NH, 4 Mar 1674

Proved April 13, 1675

In the Name of God Amen. The last will and Testament of John Cass of Hampton in the County of Norfolk in New England being sick & weak of Body * * * Imp: I give and Bequeath unto Martha Cass my Beloved Wife all my whole stock of Cattle Both of one kind and other and all my other moveables both within dores and without to hir heires and Assignes for Ever. Also I Give unto Martha Cass my wife all my houseing and Lands in Hampton Both Upland and medows Dureing the time of hir widdowhood And at her Deceas or Day of marriage.

itt I Give and Bequeath unto my two sons Joseph and Samuell all my upland Belonging to the farme with all my Housses orchard and the Lot which my House standeth upon and the comonage belonging to my part of the farme as also all my medow and marsh of the uper Devision downe to the Great Crick Below the Dame (my meaning is that Part of the Crick Below the Dam wher the water Ebbeth Northerly shall be their easterly bonds so far as that Part of the Crick Runs in my marsh and said Houses, Barne, Lands, medows to be equally devided Between them my intent is that Samuell shall devide the Land and medows and Joseph shall Chuse with Part he will have and likewise that Samuell shall ?? the price of houseing and Barne and if Joseph shall have his Choyce to take the houses and Barne and to pay unto samuell one halfe of the price to set upon them and if Joseph shall Refuse the Houses and Barne Samuell shall have them Paying unto Joseph one halfe of the price so set by samuell and which Land and medows & Houses they shall Enter upon and injoy mediately after my wifes Deceas or at the Day of her Marriage alwaies provided that they shall have no power to make sale of any of their Land till they shall arive to the age of twenty and eight yeares if they should enter upon it before

itt I Give unto my Daughter Abigall the sum of twenty pounds to be paid to hir by my Wife

itt I Give unto my Daughter Elizabeth twenty pounds to be paid by my two sons Joseph and Samuell in Corne & neat Cattle ten pounds to be paid within one yeare after they enter upon their Lands and the other ten pounds the Next year after to be payd in the same specie

itt I give unto my Daughter Mercy twenty pounds to be paid to her by Joseph and Samuell in Corne and neat Cattle ten pounds to be paid within three yeares after they enter upon their Lands and the other ten pounds within one yeare after my intent is that Joseph and Samuell shall pay equll shares of the forty pounds to Elizabeth and Mercy

itt I Give unto my two sons Jonathan And Ebenezer all the Rest of my marsh from the abovesd Great Crick to the Maine River by sandy point all my land at the New plantation and my out Land of the North Devision and one share of the Cow Comon all to be equally devided : between them accor[d]ing to the Goodnes or Worth of itt and they shall enter upon the said Lands and marshes imediatly after my wifes Deceas or at the day of her Mariage but my intent and meaning is that if any of my Children be under age when their inheritance is due to them by this my will that it shalbe improved by my executors for their Benifitt till they are of age neither shall my two yongest sons Jonathan and Ebenezer have power to make sale of any Land given them by this my will till they shall arive at the age of twenty eight years of they shall enter upon it before: and I do apoint my beloved Wife martha Cass and my Loveing Brothers Philip Lews and Thomas Philbrick executrix & executors to this my will and testiment which I doe confirme by seting to my hand and seale

itt I ad before signeing and sealeing that My Daughter Martha hath alReady had thirty pounds and My Daughter Mary Hath had Cows & other things which my intent is shall be their Portions. In Confirmation of all the Abovesd premisses I have set my hand & seale this fourth of the third month on the yeare of our Lord 1674.

mark Read Signed & sealed in the John X Cass pressents of [Seal]

Thomas Philbrick
Joseph Dow
Samuel Philbrick

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