Will

I Daniel Foust of the county of Guilford and State of North Carolina being of Sound mind and memory but considering the unsertainly of my earthly existence, do make and declare this my last will and testament (revoking all former wills made by me) in manner and form following, that is to say
First that my Executors (herein after mentioned) shall provide for my body a decent buerial suitable to the wishes of my relations and friends, and pay all funeral expences together with my just debts, howsever and to whoomsoever owing, out of the moneys that may first come into their hands, as a part or parsle of my estate
Item 2nd I give and devise to my beloved wife Catherin five hundred dollars in cash, I also give and devise to my Wife my tract of land knowen as my home place together with my McMurry lands, suposed to be in all 288 Acres, during her natural life time to use as a dower and for a suport but at her decease said home tract except the McMurry lands is to be owned and held by deed made on the 12 day of July 1881 by myself and wife to my daughter Mary M Foust, I also will & desire that my wife Catherin is to have and hold the use of all the property in the house and the Kitcheon and blackmitt tools while she lives, but my daughter Mary M Foust is to have her home, with my wife at the old homesteas so long as she may wish to remain there – I also give to my wife two cows her choice during hers or their lives, also two hogs her choice and the use of one horse her choice during hers or its life – There is none of the household or Kitchen furniture to be removed from the house & kitcheon if my wife should remove from the place except what would be considered her own beds
Item 3rd I give and bequeath to my daughter Mary M Foust the value of one good horse one cow her choice also one yearlin, als all such furniture or the of such as my other daughters have already recieved, I also will that she my daughter Mary M Foust have all the rents from the lands known as the George Clapp track and the remainder of the sheaver tract 37 acres after this and not years after my decease until this land is disposed of by my executor as herein after directed
Item 4th I give and devise to my daughter Sally Clapp eight hundred dollars including the two hundred dollars she has already recieved together with the lands I have deeded to her to make her equal with the balance of the children.
Item 5th I give and bequeath to my daughter Catherin Foust eight hundred dollars together with the tract of land I have deeded to her
Item 6th my will is that all the real estate that I own which has not already been disposed of by deeds given to my children shall be sold by my Executors the death of my wife Catherine or after my death in case she should die first
Item 7th I give and bequeath my buggy to my daughter Mary M Foust
Item 8th I give the use of all my farming tools to my wife Catherine while she lives and at her death to be sold together with all other personal property by my executor and the proceeds equally divided among my living children (to wit) Mary M Foust, Sarah Clapp, Daniel P Foust, Gideon Foust, John F Foust, Joseph W Foust and Catherin Foust, also the proceeds of the sale of the real estate herein before directed is to be divided like manner as that of the personal property together with all my estate that may remain in their hand after paying all expenses and bequests is to be divide among the living children above named
And lastly I do hereby appoint and constitute my sons Daniel P Foust my lawful Executor to all intents and purposes to execute this my las will and testament (to all intents and purposes) acording to the true of the same and every part and claus thereof – hereby (as above) revoking and declaring utterly void all other will made by me hertofore.
In witness whereof I the said Daniel Foust Sen do hereunto set my hand and seal this 12th day of July 1881
Daniel Foust (His signature)
Signed Sealed & Published
and declared by the said
Daniel Foust Sen to be his
last will and testament and in
the peresance of us who at
his request and in his peresance
subscribe our names as witnesses
thereto
C A Boon
J W Gilmer

A Codicil to the foregoing Will
Where as I Daniel Foust haveing made my last will and Testament in writing baring date on the 12th day of July 1881 and have hereby made sundry desires and bequeaths according to the existing circumstances of my Estate but which circumstances having changed I do by this my writing which I hereby declare to be a codicil to my Said will to be taken and construed as part thereof – will and direct that my daughter Catherin Foust and George K Foust having recived in advance at different times in Cash to the amount of Eight hundred dollars and 247 8/10 acres of land is as much as I allow them to have of my Estate and my will and desire is that they recive nothing more of my Estate and I futher will and direct that the respective Sum of Eight Hundred dollars with all the Legeces set forth in my will to be paid to my daughter Catherin Foust and George K Foust taken as aforesaid out of their Legeseas not Recived – Shall return into and make apart of the Sueplis of my Estate to be disposed of by my Executor of which this Codicil is hereby declared to be a part thereof –
In testimony whereof I hereunto Set my hand and seal this 1st day of September 1881
Daniel Foust Seal (His signature)
Signed Sealed published
and decleared by the Said
Daniel Foust to be a codicil
or part of his will and Testament
in presence of us who at his
request and in his presence and
and in the presence of each other do
Subscribe our names as
Witnesses thereto
C A Boon
A G Clapp [4]