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I make and ordain this my last will and testament the same being wholly forgotten and subscribed with my own hand. I have heretofore given to my son Charles S. Todd slaves and other property and expended and advanced considerable sums of money which I consider his full proportion of my estate. I therefore desire that he shall not have any further portion of it. I have also given my son John H. Todd slaves and other property and expended and advanced considerable sums of money which I consider his full proportion of my estate. I therefore desire that he shall not have any further portion of it. I have also given my son-in-law Edmund L. Starling, who intermarried with my daughter, Ann Maria slaves and made advances to him what I consider a sufficient marriage portion to my said daughter. I therefore desire that she shall not have any further portion of my estate. Except that I request my Executor hereafter named to secure the sum of five hundred dollars specie for the use of my said daughter during her life and at her death to be paid to such child or children as she may have living at that time. I give and desire to my affectionate wife, Lucy P. Todd all the rest and residue of my estate real property mixed or of any and every nature or denomination whatever during her life in trust, to manage it for the support of herself and our children and at her death to be equally divided among our children; Madisonia William Johnson and James Madison Todd and their heirs forever. It is my desire and intention that all the estate real personal mixed or of any and every other description whatever which I now have or which I may have at the time of my death or to which I may be entitled in Law or equity or in any way whatever shall pass by the foregoing devise. I hereby constitute and appoint my said wife sole Executor of this will & desire that she may not be required or compelled to give any security for obtaining letters testamentary thereon or to make out any inventory or appraisement of my estate. I further authorize & empower my said wife to execute deeds or other instruments of writing to carry into full effect any contract which I have entered into and to settle and adjust by arbitration compromise or in any other way she may deem proper any suit, dispute or controversy of whatever nature respecting my affairs and to appoint attornies or agents with the power of substitution and manage all or any part of the estate hereby devised to her and to perform any act which she herself could do by virtue of the powers hereby vested in her. I hereby give full power to my wife to sell and dispose of all or any part of the estate devised to her for life or in trust and to vest the proceeds in such other property or manage it in such manner as she may deem most advisable for the interest of herself and our said children. In testimony whereof I do hereby sign, seal, publish and declare this writing as and for my last will and testament hereby revolking all former wills this twenty second day of December Eighteen hundred and twenty three.
Thomas Todd
Schedule of Property Value
Slaves
I add by way of codicil as I have purchased and given my accep. Thomas Todd
To Thomas
D. Carneal for a negro boy named Mitchell now in the possession of Mrs. Sarah
Carneal & for her use by will
Franklin County February Court 1826
A writing
purporting to be the will and testament, of Thomas Todd, decd.. was produced
in court, and was proven by the
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Submitted
by: Michelle Woodham
mw4aul@gmail.com
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