James Rawlins' Will
In the matter of the Estate of
James Rawlins deceased
To the Hon. Elias Smith, Probate Judge in and for said County.
We the undersigned heirs to the Estate of the said James Rawlins deceased, respectfully represent that the said James Rawlins departed this life on the 16th day of October 1874 leaving a will which has been duly proved, allowed and recorded in the Probate Court for said County. As by references to the records of said Probate Court will fully appear: that the Executors of the said Last Will and Testament of the said deceased, nominate and appointed by the said testator were Reuben Miller and Washington Lemmon which appointment has been approved and confirmed by the said Probate Court and Letters Testamentary were issued to them thereon bearing date March 1, 1875.
Your petitioners further represent that among other things provided for in said will it is therein expressly provided and set forth that if the said Executors and Trustees shall find it necessary for good and sufficient reason to sell and dispose of any said real estate. I do hereby give to them full power and authority to grant, alien bargain, sell and convey any or all of said real estate to any person or persons and their heirs for ever to whom they shall seem proper.
Your petitioners further represent that the real estate or property belonging to the said deceased at the time of his death consisted of about thirty five acres of land which was occupied as homestead, which under existing circumstances is not available to the interest of said real estate of the heirs thereto, the improvements thereon being in a dilapidated condition and no rents, issues or profits can be derived therefrom and your petitioners are of the opinion that it will be for the best interest of the said estate and the heirs thereof to sell all the said real estate, that the means which may be derived from such sale may be distributed to and among the heirs as provided for by the said will of the said deceased.
Your petitioners therefore respectfully ask that an understanding of the said court may be made directing, authorizing and empowering the said Executors of the said Last Will and Testament of the said deceased to sell either at public or private sale as to the said Executors shall be deemed for the best interest of all concerned, the whole and every part and parcel of the said . . . . .
Know all whom it may concern by these present, that I, James Rawlins, of Mill Creek Ward in the County of Salt Lake Territory of Utah, age 78 years being of sound mind and memory and considering the entirety of this mortal state of existence do make, ordain, publish and declare this to be my last will and testament. Here by revoking all former wills by me make and I hereby nominate and appoint Ruben Miller of Mill Creek, Salt Lake Co., Utah Territory; Washington Lemmen of Mill Creek, Salt Lake Co., Utah Territory to be executor and transfer of my last will and testament. I direct my said executors and Trustees to pay and discharge all my lawful debts which being done, I direct that they have all my Real Estate of every description justly appraised and valued by competent and trustworthy person. Agreeable to law and the regulations of the Probate Court in and for the county where the Estate may be, in the entire valuation of which shall be taken together with all my personal property; funds and effects their making an aggregate on the entire Estate which shall be divided into equal shares or if the said executors shall find it necessary for good and sufficient reasons, to sell and dispose of all of my said Real Estate. I do hereby give to them full power and authority to grant, alein, bargain, sell and convey any or all of said Real Estate to any person or persons, and their heirs forever to whom they shall see proper in which case the remainder of said Real Estate, if any, shall be apprised as aforesaid and an aggregate thereof shall be taken together with all avails and all personal property funds and effects and shall be divided into twenty-seven equal shares as aforesaid which I hereby give, bequeath and dispose of as follows.
1st I give, bequeath and devise to my Rachel as follows:
One (1) of the aforesaid shares of my entire estate to be placed in the "Big Cottonwood Cooperative Store", the interest of one hundred dollars ($100.00) to be devoted to her support during her life time and at her demise, the principal to revert to the other shares proportionately.
2nd I give, bequeath and devise to my son Joseph S. Rawlins, and to his heirs forever four shares of the aforesaid of my entire estate.
3rd I give, bequeath and devise to my daughter, Lucinda Cunningham, four of the aforesaid shares of my entire Estate to be devoted to her support during her life time and at her demise to descend to her children as she may direct.
4th I give, bequeath to my son Harvey Rawlins, four of the aforesaid shares of my entire estate.
5th I give, bequeath and devise to my daughter, Melvina Lemmon, four of the aforesaid share of the entite Estate.
6th I give, bequeath and devise to the heirs of my daughter Leah Day, four of the aforesaid shares of my entire Estate.
7th I give, bequeath and devise to the heirs of my daughter Elva Carson, deceased, Armina and George Carson one (1) share each of the aforesaid shares of my entire Estate.
In witness whereof I here unto set my hand and seal this Fourth Day of March in the year of our Saviour, one thousand eight hundred and seventy-two.
Signed, sealed, published and declared by the said James Rawlins to be his last will and testament and his presence and in the presence of each other at his request, we sign our names as witness thereto this 4th day of March in the year of our Saviour, one thousand eight hundred and seventy two.
Matthew Templesman residing in Salt Lake County, Utah
John Rutherford residing at Salt Lake County, Utah
James Hanse residing at Salt Lake County, Utah
Probate court for said county.
Territory of Utah
County of Salt Lake
February 20, 1875
Written on outside of one of the court records (in pencil)
Agreement between Joseph Rawlins and heirs of Estate of James Rawlins consideration of $500.00 to provide for support and maintain Rachel Rawlins, wife of James Rawlins dec. during her natural life.
Heirs to bond him, executors, administrators forever.