Submitted by Phyllis D. Slater.
This contains my faith and will wrote in the eightieth year of my age and in the year of Jesus Christ 1824. I believe in one God and no other, I see nothing in the creation but what my God was able to make create and produce, I thank that great first cause of all created matter and things for the great gifts comforts and blessings that he hath bestowed on his creature man of which I have received my share and now being of sound mind and disposing memory I do will and bequeath my soul to that God from whence it came and my body to its kindred earth, and after my funeral expenses are paid and all my just and honest debts I do will and bequeath my propertly as following to wit.
I give unto my son Samuel Tomlinson one hundred and fifty acres of land in Ohio County on the narrows ridge adjoining his home place of 374 acres which 374 acres are conveyed to him and his heirs forever.
I give unto my two grandsons Joseph and Robert Tomlinson the heirs of my son Robert Tomlinson decd. a tract of land in the flats of Grave Creek lying between Samuel Tomlinsons and Samuel Cockaynes containing two hundred and thirty acres whereon they now reside to them and their heirs forever reserving to myself and wife during our natural lives the mills raises and conveniences thereto belonging and at our death to descend equally to my son Samuel Tomlinson and my two grandsons Joseph and Robert Tomlinson sons of my son Robert Tomlinson decd.
I have given unto my son Joseph Tomlinson three hundred and nineteen acres of land in Wood County opposite the mouth of Muskingum River, I have also conveyed to my son Joseph two hundred acres of land in Mason County Va.
Opposite or rather above the Letart falls adjoining Daniel Sareses land, I have conveyed to my daughter Drusilla Buky two hundred and sixty acres of land in Wood County whereon she now resides and adjoinint Isaac Williams lands and I will and bequeath unto my daughter Mary Kenard the residue of said tract of land supposed to be three hundred acres more or less to her and her heirs forever, and I do will and bequeath unto my daughter Lucy Riggs alias Hoskins two hundred and thirty five acres lying between Sampson Thistle and David McClures it being part of two tracts more or less to her and her heirs forever.
I will and bequeath unto my four grandchildren William, Elize Ann, Drusilla and Betsy McMahen the heirs of my daughter Elizabeth McMahen the remainder of a tract of land in McMahens bottom containing two hundred acres more or less to them and their heirs forever.
I will and bequeath unto my son Nathaniel Tomlinson a tract of land lying in the gap of Big Grave Creek adjoining the flats containing two hundred acres more or less to him and his heirs forever but reserving the profits thereof to my wife Elizabeth Tomlinson during her natural life also the tract whereon he now resides on Pars run I have conveyed.
I will and bequeath unto my loving wife Elizabeth Tomlinson the farm whereon I do now reside during her natural life, and at her death to descend to my son Jessy Tomlinson during his natural life and then to his lawful heirs if he has any, if not to be equally divided between his brothers sisters, and all the residue of my estate both person and real I will and bequeath unto my loving wife Elizabeth Tomlinson to dispose of as she may think best.
I do appoint my loving wife Elizabeth Tomlinson my sole Executrix, Given under my hand and seal this 24th day of October 1824
Signed Joseph Tomlinson
Signed sealed and delivered in presence of
N.B. As there has been no provisions made in the aforesaid for the selling of Town Lots after my death, therefore I Joseph Tomlinson this twelfth day of May 1825 enjoying the faculties of the mind as usual do of my own free will and accord add this codicil and do agree and conclude that if it is thought expedient to sell Town Lots off of the plantation I now reside on for the accomodation of a village I do therefore appooint my wife Elizabeth Tomlinson during her life to sell and convey the same by deed or warranty and my sons Joseph Tomlinson and Samuel Tomlinson to succed her and herein fully impower the aforesaid parties according to their appointments to sell and convey the same as aforesaid and to make use of all Monies receivd for the sale of said Lots according to their discretion and do likewise confer the same priviledge upon those whom they shall appoint to succeed them.
Signed, Joseph Tomlinson
Signed, sealed and delivered in presence of:
I do certify that the above is a true copy of the last will and testament and codicil of Joseph Tomlinson deceased which were proven in Court of June Term 1825 by the oaths of John Riggs, William Baldwin and Anna McDonald subscribing witnesses to the will and also to the codicil which were ordered to be recorded.
Test Wm.Chapline C.O.C.