Rachel Rickards Last Will and Testament 1865

I Rachel Rickards of the Town of Dover in the County of Kent and State of Delaware (colored woman) being of sound mind memory and understanding do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore Made

And as to such estate as it hath pleased God to intrust me with I dispose of the same as follows viz:

Item. I give and bequeath to my daughter Mary Diana Postles wife of John W Postles and my son James Francis Rickards my personal property to be equally divided between them share and share alike

Item. I give and devise to my daughter Mary Diana Postles wife of John W Postles one undivided half of the house and lot situated on Queen Street in the town of Dover where I now reside to her her heirs and assigns forever

Item. I give and devise to my son James Francis Rickards the other undivided half of the house and lot situated on Queen Street in the town of Dover where I now reside to him his heirs and assigns forever but if he should die before he arrives at the age of twenty-one years leaving no children to survive him then and in that case I give and devise his part to my two grand-children Joseph Luke Postles and William Francis Postles children of my daughter Mary Diana Postles to them their heirs and assigns forever share and share alike.

Item. It is my will and desire and I do hereby direct that no proceedings shall be taken by Mary Diana Postles or James Francis Rickards or any person for them for the sale of said house and lot before the said James Francis Rickards arrives at the age of twenty-one years or dies if that should happen sooner

Lastly I do hereby constitute and appoint my friend Moses Merica to be the executor of this my last will and testament

In witness whereof I Rachael Rickards the Testatrix have to this my will written on one sheet of paper set my hand and seal this __ day of __ A.D. one thousand Eight hundred and sixty-five. Rachael Rickards her mark {seal}

Signed sealed published and declared by the above named Rachael Rickards as and for her last will and testament in the presence of us who have hereunto subscribed our names at her request as witnesses thereto in the presence of the said testator and of each other J. H. Bateman David Clayton

State of Delaware Kent County S S John H. Bateman one of the witnesses to the within and foregoing Instrument of writing Purporting to be the last will and Testament of Rachel Rickards Deceased comes before me Moses Harrington Reg of wills in and for Kent County and makes Solemn oath that he saw the said Testatrix Sign and seal the said Instrument and heard her Publish pronounce and declare the same as and for her last will and Testament, that at the time of so doing and saying she was of sound disposing mind memory and understanding and upwards of Twenty one years of age, that he subscribed the same as a witness at the instance and in the Presence of the Testatrix and in the Presence of David Clayton the other subscribing witness who also subscribed the same in presence of this deponent. J.H. Bateman

Subscribed and Sworn this the 17th of September A.D. 1870 Before M Harrington Reg

State of Delaware Kent County SS David Clayton one of the witnesses to the within and foregoing Instrument of writing purporting to be the last will and Testaments of Rachel Rickards Deceased late of Kent County comes before Moses Harrington Reg of Will in and for said County and makes solemn oath he saw the said Testatrix sign and seal the said Instrument and heard her Publish pronounce and declare the same as and for her last will and Testament, that at the time of so doing and saying she was of sound disposing mind memory and understanding and upwards of Twenty one years of age, that he  subscribed the same as a witness at the instance and in the Presence of the Testatrix and in the Presence of John H. Bateman the other subscribing witness who also subscribed the same in presence of this deponent. David Clayton

Subscribed and Sworn this the 17th of Sep A.D. 1870 Before M Harrington Reg

“Kent, Delaware, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSRM-WWJD-T?view=fullText : Feb 14, 2025), image 240 of 587; Delaware Public Archives (Dover). 104426515

Transcribed 14 Feb 2025 by Nancy Maliwesky