Will of Cyrus Dearborn, Gadsden County, Florida

Submitted May 2007 by Pamela Vojnovski.

In the Name of God Amen, I Cyrus Dearborn of the County of Gadsden, & Territory of Florida, being sound of Mind, but weak of body, do make publish and declare, this to be my last Will and Testament.

In the first place I appoint Fields Wynn of the County and Territory aforesaid, the Executor to Execute and perform this my last will and Testament, -----

Secondly. It is my will and desire & I do hereby declare it to be my will, that my said Executor shall should Cause the Stock of Merchandise now belonging to Me to be retailed and disposed of in the same manner as when I was alive, & for that purpose I do hereby charge my Executor to exploy as Chief Clerk my Nephew Benjamin Babb, under whose direction I wish the business of the store to be Conducted to its final close. I do furthermore Charge my aforesaid Executor in all matters of Law, arising from the settlement of the business of my Estate to apply to and receive from Charles H. Dupont, attorney at Law, all such advice & counsel as he may require.

Thirdly. I Charge my Estate with the payment of fifteen hundred dollars as a Legacy to be paid to My Nephew, Benjamin Babb in Consideration of his Services to me and to my Estate. I also charge my Estate, with the payment of two hundred and fifty dollars to my said Nephew in pursuance of a Contract Entered into between us. I also Charge my Estate with all necessary Expences such as boarding, clothing & physician bills, which may be incurred by my said Nephew, while attending to the Mercantile business of my Estate ------

Fourthly. I leave to my dear Wife all the Negr[os] (page cut off) belonging to her at the time of our Marriage, Cons[cuts off] of Harriet, Sarah, Edmond, Ellick, Nancy & Maria, [cuts off] –I also g[ive and (cut off)] bequeath unto [cut off] (page 2) Wife the houses & Town Lots, which own in the Town of Quincy, also the quarter Section of Land which I now own near Quincy and on which the racetrack is located --- I also give to my dear Wife all my household and kitchen furniture, carriage & harness & my horse Billy, all of which bequests to my Said dear Wife & to operate and be taken in lieu of dower.

Fifthly. I give to my Executor my blooded mare Rebecca Taylor in trust however to be taken Care of & her increase for the use of my son Jackson.

Sixthly. I do desire & it is my will, that my said Executor should as soon practicable, dispose of all the residue of my Estate not herein before disposed of & the monies arising therefrom after the payments of my just debts to be loaned to my Nephew Benjamin Babb, upon good Security for the term of five years, at the rate of six per cen per annum which funds so arising from the residue of my Estate I desire to be held by my Executor in Trust for my infant son, Jackson, & to be paid to him on arriving at the age of twenty one years ---

Seventhly. I give to my Sisters Elenor & Jemima, all my interest [in/on? (cut off)] My Fathers Estate to be held by them during life, & the survivors of them during life, & at their death to go to my said infant son Jackson.

Eighthly. I desire my Executor to have the quarter section of Land bequeathed to my Wife put in a tillable slate for the use of my wife. I give to my wife my patent lever? wach. I give My Nephew, Benjamin Babb my belt pistols.

In Testimony where of I have hereunto set My hand & affixed My Seal this the twenty fifth day of November in the year of our Lord one thousand Eight hundred & thirty one.

Signed Sealed published & Declared by the said Cyrus Dearborn {seal}
[cut off] Dearborn, to be his Will & Last Testament in presence of us
[cut off] 25th Nov. A. D. 1831 The two interlincation? on the third page
[cut off] M. M.? Nunan, M Bl[cut off] [can't read]

(page 3)

Territory of Florida Gadsden County

Personally appeared before me of the 5th day of Dec.a 1831, M. Blue and Thomas H. Hull, Subscribing Witnesses to this Will, who after being duly sworn deposeth and saith that they saw Cyrus Dearborn, the Testator, sign, seal and deliver the Within Will as and for his last will & Testament and that they saw Wm Nunan & H. Wilder sign as subscribing witnesses thereto,

Sworn to and Subscribed before me
M. Blue
Tho. H. Hull

                                                                            Joseph McBride P. J. G. C.

Territory of Florida, Gadsden County ss.

The Within named Executor Fields Wynn, personally appeared before me this 5th day of Dec A. D. 1831 and was duly qualified as Executor to the within Will agreeable to Law.
                                                                            Joseph McBride P. J. G. C.

     Recorded Jany 18th 1832                              R. C. Lester C. G. C. C.

Territory of Florida, Gadsden County, to wit.

Whereas Cyrus Dearborn, late of said County of Gadsden Deceased, by his last will & Testament, did make did make, constitute & ordain, Fields Wynn Executor thereof;
Therefore, to the intent that the said Will (a copy whereof is _____ annexed, may be well and truly performed, I, Joseph McBride, presiding Justice of the County Court for the County Aforesaid, in pursuance of an act of the Legislative Council of the Territory Aforesaid, do issue this probate, and do hereby authorize & Empower the said Fields Wynn, Executor as aforesaid, well and truly to Collect, and administer the all and singular the Goods, Chattels and Credits of the said Cyrus Dearborn, deceased in all matters and things Concerning the Same, according to the true intent and meaning of the said Will, and (page 4) According to Law, and also to make a just & true account of his actings and doings therein, when thereto lawfully required.

Witness Joseph McBride, Presiding Justice of the County Court for the County Aforesaid this 18th day of Jany 1832.                                                                   R. C. Lester C. G. C. C.

Recorded January 18th A. D. 1832                     R. C. Lester C. G. C. C.