Delaware County Ohio Will Records Vol. 4 1859-1869

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 1)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 1)

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[page 1]

[corresponds to front cover of Will Records Vol. 4 - 1859-1869]

WILL

RECORD

4

1859 - 1869
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 2)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 2)

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[corresponds to inside front cover of Will Records Vol. 4 - 1859-1869]
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 3)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 3)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 4)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 4)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 5)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 5)

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[page 5]

[corresponds to page labeled AB of Will Records Vol. 4 - 1859-1869]


Will Record

4 1859 - 69


Allen Whiting decd will of will REC #4 37

Andrus Timothy ~ ~ ~ 41143

Ashburn, John's Will of 142

Andrew, Noble's Will of 210

Allbright Gottlieb F 398

Adams Rulif 431


Brown John S. decd Will of 10

Brown John C. decd Will of 30

Brown Joseph G. " " 88

Blinn Prudence " " 91

Benton Minerva's Will Case No 122 - 119

Blanchard Orange A. Will 126

Binder, Frederick's Will 129

Baker Becker, Franz Carl's Will 133

Bean Hiram's Will 150

Barrows, Orrin's Will 164

Barton Amples Will 194

Boyd Luther " 310

Bell Henry " 358 Case No. 1681

Beach Israel " 381

Barnwell Patrick 401

Benton Edward H. 407

Benton Isabella 424 Case No. 1770

Bacom Mathew 443

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 6)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 6)

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[page 6]


Cross, Bazel decd will of page 1

Covell, Calvin " " " " 3

Carpenter Moses " " " " 18

Cowgill Thomas " " " " 22

Case Titus " " " " 28

Clark Robert " " " " 36

Cellar Robert McCoy " " " " 56

Cox John W " " 85

Cellar James' Will " 104

Collum Peter's will 108 & 9

Cummins, John's Will 131

Cherry James of Franklin Co.'s will Recorded 155.

Curren Isaac Will 208.

Curtis Augustus Will 229. Case No 1477

Caldwell Andrew Will 236.

Cummins Orson H. Will 240.

curtis John Will 268.

Curtiss Oliver Will 295.

Cunningham William 315

Carter Cephas Will 345

Clark Satchel " 356

Corbin Truman " 343. Case No 1728

Curtiss Marcus page 420.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 7)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 7)

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[corresponds to labeled page CD of Will Records Vol. 4 - 1859-1869]


Downing Eli deceased Will 16

Dildine Effy " " Case No 941 24

Davies Thomas " " 53

Davis Asher A. " " Case No 1122 90

Darst, Peter's " Will " " 1210 105

Decker, James' Will 127 " " 1244

Domigan, Enoch's Will 170.

Davis, Bela C. Will 231.

Dunham Albert D. Will 247. Case No 1518

Day Charles Will 305

Domigan William Will 371
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 8)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 8)

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[page 8]


Eldridge Thomas H's Will 116. Case No 1225

Elmer Calvin's Will 136.

Elliott, Mrs. Margaret Will 286.

Eaton James 405
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 9)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 9)

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Freese Henry Last Will & Testament dcd 31

Fairchild. Sherman's Will 110

Folk, Everhart's Will 124. Case No 1236

Fowler, Margaret's Will 166.

Finch Irvin McD.'s Will 167.

Fuller Hiram A's Will 168.

Finley, George W. Will 245

Felkner, Jacob. Will 275 Case No 1555

Freshwater, Christopher Will 296.

Frey Katharina " 333 Case No 1643

Faulkner Henry " 349 " " 1662

Fuller Mary " 360

Farrchild Huldah " 368

Freshwater John Adam " 374

Flagg Sarah " 395

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 10)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 10)

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[page 10]

Greatreaks Oliver Last Will & Testatment p. 32

Gock Gotlieb John " " & " " 64

Griffith Anthony L " " & " " 70

Gray James " " & " " 80

Greenlee Joseph's Will 153. Case No. 1332

Gamble Media Will 196.

Gross Michael Will 199.

Gorsuch Nathan Will 226.

Gillett, James E. Will 270.

Graham John A. " 322

Gray John P. " 354

Glass Wm. " 362

Gaston William " 403

Gregg Henry 422

Geary David 426 Case No. 1768

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 11)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 11)

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High Benjamin Last Will & Testament p 42

Holly Benjamin " " & " " 72

Humphreys Evan decd " " & " " 81

Harrison Isaac decd " " " " " 95

Hults, Jesse's Will 107

Hovey, Sophia's Will 119

Haslett Harvey's (John) Will 122. Case No. 1238

Holt, John's Will 147.

Hadley Thomas' Will 187.

Harden Isaac Will 192.

Harris, Sumner Will 228.

Hubbard, Horace D. Will 253.

Homer Fitz Henry. Will recorded 255.

Harter Laura P. Will 292.

Hoy Peter " 327

Howalt Andrew 411

Harrison Mrs Comfort 433

Houseworth Mrs Sophronia 441. Case No 1808

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 12)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 12)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 13)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 13)

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[page 13]

[corresponds to page labeled IJ]

Jones, John's Will 115

Jamison, Robert's Will 137.

Jones, Ishmael Will 161.

John P. Jones Will 172.

Jones, David P. Will 174.

James Harry's Will 189. Case No 1419

Jewett James D. Will 294. Case No 1586

Joy Wilder 384.

Jack Andrew 416 Case No 1778

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 14)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 14)

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[page 14]


Kyle. Rebecca D. decd will of page 2

King, Julia " " " " 5

Knapp Shubael W. " " " " 20

Karr Watson " " " " 27

Kepler Mary Ann " " " " 40

Knox, Titus Will 241.

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 15)

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Long John N. decd Record of Will 8

Love Leonard J. " " " " 25

Leonard Samuel " " " " 45

Lawrence Philip " " " " 309

Leak Elizabeth " " " " 329

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 16)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 16)

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[page 16]


Maize Francis deceased Will of Page 12

Martin Sarah ~ ~ ~ ~ 47

McCoy Thos W ~ ~ ~ ~ 49

Morgan, William. deceased " " " 61

McFalls James " Case No 1079 " 79

McCoy Elizabeth decd Will of Page 100.

Mathias John Will record 186.

McAllister Abdiel Will 205. Case No 1431

Main Thomas Will 222.

Myers, John G. Will 224. Case No 1486

Moors, Sidney Will 248.

Martin William Will 301

Myers Samuel N Will 306 Case No 1599

Michell Tobias H. " 318 " " 1619

McCutchen Alexander " 339

McCutcheon Hodge page 418

Main Sabeers 437

Mantor Major 439 Case No 4143

Moses Salmon 443

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 17)

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Neff, Eberhardina Deceased Will 15

Nettleton Daniel " " p 35

Nutt, John Will " 275. Case No 1554
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 18)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 18)

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[page 18]

Orcutt, Sylvester Will 282. Case No. 1566

Owston William will 291.

Ott Samuel 413
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 19)

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Perry Sarah E. Decd Will Case No 920 14

Pierce Joshua W. " " 55

Peet Judah " " 68

Patnik Joseph " " 83

Pitts Andrew's will 162. Case No 1336

Poppleton Samuel will 175.

Pierce Arzal. will 271.

Parks John Baker " 325

Pierson Jonathan 386
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Robison John decd Authenticated Copy of Will records 59

Rose, James will 179. Case No 1337

Rosecrans John Will 217.

Riddle Godfried will 250.

Ridgway, Mrs. Emma. Will 284

Roberts John Will 303

Rogers David 352 Case No 1667

Roff James 429

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 22)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 22)

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Stark James decd Record of Will 6 & 7

Slawson James ~ ~ ~ ~ 57

Sharp Wm T ~ ~ ~ ~ 75

Sherman Vincen Finsen " " " " Case No 1108 1/2 - 87

Selleck Edward J. C decd Record of Will 103.

Shank, Sebastian's Will 113

Swarts Abraham's Will 140 Case No 1309

Shaw Williams's Will 152 " " 1329

Salmon John's Will 203 " " 1441

Saunders, Azor's Will 214

Smith Jacob Will 220 Case No 1482

Smith Henry Will 232 " " 1495

Stephen, Hugh M. Will 238.

Shea, James. Will 280

Stiles William copy Will 313.

Sherman David T. " 347

Salmon Anna " 366

smith Philip 379

Seigfried Elizabeth 390

Sailsbury Ephriam 435
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 23)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 23)

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[corresponds to labeled ST of Will Records Vol. 4 - 1859-1869]


Turner Joel B. Last Will & Testament p. 3rd

Thomas, Griffith's Will 148.

Thrall, Alexander's Will 201.

Thomas, William P.'s Will 215.

Tuller, Roswell Will 234.

Thomas Robert A. 377 Case No. 1709

Thomas Owen 409

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Van Sickle Wm G. Will 207.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 26)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 26)

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[page 26]

Webster William Will of - - p. 39

Warr - - p

Worline David Will of - - p 65

Weiser Catherin Will of - - " 74

Welch Isaac ~~ Will of - - " 77

Wheaton Squire's Will 144.

Wise Susan's Will 151.

Wilcox Benjamin F. Will of (from Licking Co.) Page 182

Welch, William L. Will 212.

Woodcock, Cornelius, Will 252.

Wollum Daniel Will 287

Watters John " 288

Willey Henry " 335

Waldron Richard " 372

Wheeler, John W. " 375
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 27)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 27)

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[corresponds to labeled page WX of Will Records Vol. 4 - 1859-1869]


Van Sickle, William G. Will. 207.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 28)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 28)

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[page 28]

[corresponds to unlabeled page of Will Records Vol. 4 - 1859-1869]

Yeager, Eve M. Will 277. Case No 1564

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 29)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 29)

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blank page
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 30)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 30)

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[corresponds to labeled page 1 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Bazel Cross decd


Proceedings had before Hon. I. Ranney Probate Judge within and for the

County of Delaware and State of Ohio at his office in the Town of

Delaware on the 20th day of June A.D. 1859


This day the last will and testament of Bazel Cross decd. late of

Harlem Township in said County was produced in open Court and

duly proven by the testimony of Jacob Williams and Barnabas Hatch

the subscribing witnesses thereto (as reduced to writing and filed with

said will) admitted to Probate and entered to be recorded as follows.


(Copy of Will)

Know all men by these presents that I Bazel Cross of the town

of Harlem in the County of Delaware and State of Ohio considering

the uncertainity of this life and being of sound mind and mem

ory do make declare and publish this my last will and

testament

First I give and bequeath to my son Benjamin twenty five acres

of land lying in Blendon Township Franklin County Ohio

and to hold to him and his heirs for ever. And the said

Benjamin is to pay to the rest of my eyers the folling amount namely

second to my son David five dollars, to my oldest girl Char-

lotta the some of thirty dollars, and to my second girl Rebecca

the sum of thirty dollars and to my third girl Mary Anne the

sum of thirty dollars. and to my forth girl Elizabeth the

sum of thirty dollars.

Furthermore I do apoint J.A. Williams to be the executor of this

my last will and testament

In testimony wareof I hav here subscribed my name

and afixed my seal this 20 day of January in the years of our

Lord one thousand eight hundred and fifty nine

Bazel X Cross {LS}

His mark


Signed sealed declared and published by the said Bazel Cross as recd

for his last will and testament in presence of us when at his request,

and in his presence and in presence of each other have subscri

bed our names as witnesses hereto

Jacob Williams

Barnabas Hatch


The State of Ohio, Delaware County ss.

We Jacob Williams and Barnabas Hatch being duly sworn in open Court this

20th day of June A.D. 1859, depose and say that we were present at the execution of the

last will and testament of Bazel Cross hereto annexed: that we saw the said testator

subscribe said will and heard him publish and declare the same to be his last will and

testament and that the said testator at the time of executing the same was of full age and

of sound mind and memory, and not under any restraint, and that we signed the

same as witnesses at his request and in his presence and in the presence of each other

Jacob Williams

Barnabas Hatch

Sworn to and subscribed before me this

20th day of June A.D. 1859 I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 31)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 31)

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[page 31]

[corresponds to labeled page 2 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Rebecca D. Kyle decd


Proceedings had before Hon I. Ranney Probate Judge within

and for the County of Delaware and State of Ohio at his Office in

the Town of Delaware on the 21st day of June A.D. 1859


This day the last will and Testament of Rebecca D. Kyle decd late

of Radnor Township in said County was produced in open

Court and duly proven by the testimony of J.B. Jones and Elias

George the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to probate and ordered to be recor

ded as follows.

(Copy of Will)


In the name of the Benevolent Father of All I Rebecca Kyle of

Radnor Township, Delaware County ohio do make and publish this

my last will and Testament.

Item 1st I give and devise to my Aunt Elizabeth Kyle two hundred

and fifty dollars it being a legacy left me by my Father David

Kyle's last will and Testament.

Item 2nd I give and devise to my Aunt Elizabeth Kyle all my personal

property that I now own.

Item 3rd I do hereby nominate my Aunt Elizabeth Kyle Executrix of

this my last will and Testatment. I desire that no appraisment and

no sale of my personal property be made and that the Court of

Probate direct the omission of the same in pursuance of the Statute.

I do hereby revoke all former will by me made

In testimony hereof I have hereunto set my hand and seal this 11th day

of June A.D. 1859 Rebecca D. Kyle {seal}

Signed and acknowledged by said Rebecca Kyle as her last Will and

testament and signed by us in her presence.

J.B. Jones

Elias George


The State of Ohio, Delaware County SS.

We John B. Jones and Elias George being duly sowrn in open court this 21st

day of June A.D. 1859, depose and say, that we were present at the execution of

the last will and testament of Rebecca D. Kyle dec hereto annexed that

we saw the said testatrix subscribe said will and heard her publish and

declare the same to be her last will and testament, and that the said testa

trix at the time of executing the same was of full age and of sound mind

and memory and not under any restraint and that we signed the same

as witnesses at her request and in her presence, and in the presence of

each other.

J.B. Jones

Elias George

Sworn to and subscribed before me this 21st day of June A.D. 1859

I. Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 32)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 32)

Description

[page 32]

[corresponds to labeled page 3 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Calvin Covell decd


Proceedings had before Hon I. Ranney Probate Judge within and for

the County of Delaware and State of Ohio at his office in the Town of Dela-

ware on the 29th day of June A.D. 1859


This day the Last Will and Testament of Calvin Covell late of Del-

aware County Delaware Township deceased was produced in open

Court and duly proven by the testimony of Delashmind Walling one

of the subscribing witnesses thereto (as reduced to writing and filed

with said will) admitted to probate and ordered to be recorded as

follows


(Copy of Will)

Last Will and Testament of Calvin Covell

In the name of God Amen

Know all men by these present that I Calvin Covell of Delaware

Delaware County State of Ohio being of full age sound judgment &

disposing mind do hereby make & establish this my last will and

Testament hereby revoking all last wills & testaments & codicils to wills

or any writing in form or intended for last wills or testatment heretofore

by me made or intended to be made

lst I will & devise that my just debts & funeral expenses be all paid

2 I will & bequeath to each of my sons & daughters viz my son

Manyl D. Covell, Lyman S. Covell & Calvin E. Covell and my daugh-

ters Mary Ellen Emmerson wife of George Emerson, Lovina Ann

Covell, Pamela Jane Covell, Adaline J. Covell and to my grand

son Lewellyan D. Likes son of my deceased daughter Clarissa E.

Lykes all the balance of my estate both real, personal or mixed

to be equally divided among them. It being my intention that

Lewellyan E. Lykes share or proportion is not to be given to him

until he arrives to the age of twenty one years.

3 I do hereby appoint & constitute James Eaton & Benjamin Powers

my executors of this my last will and Testament.

In testimony whereof I hereunto set my hand & seal in the

presence of Otis Ensign & D. Walling whom I requeast to witness the

same this 29th day of March A.D. one thousand eight hundred & fifty

one. Calvin Covell {seal}

Subscribed signed & sealed the date above in presence of the subscribing

witness who signed the same in presence of said testator & of each other

Otis Ensign

D. Walling


The State of Ohio Delaware County ss.

I, Delashment Walling being duly sworn in open court this 29th day

of June A.D. 1859 depose and say that I was present at the execution

of the last will and testament of Calvin Covell hereto annexed that I

saw the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament and that

the said testator at the time of executing the same was of full age, and

of sound mind and memory, and not under any restraint and

that I signed the same as witness at his request and in his presence.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 33)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 33)

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[page 33]

[corresponds to labeled page 4 of Will Records Vol. 4 - 1859-1869]


Last Will And Testament of Calvin Covell decd


and in the presence of Otis Ensign the other subscribing witness

who signed the same as witness in my presence & is at this time

in parts unknown - supposed to be in California but I cannot learn

where Delashment Walling

Sworn to and subscribed before me this 29th day of June A.D. 1859.

I. Ranney Probate Judge


State of Ohio, Delaware Co. ss.

George Welt being sworn says that he is acquainted with the handwriting

of Otis Ensign, has seen him write his name & verily believes the signature

as witness to the within will purporting to be his is genuine & further

that the present whereabouts of sd Ensign are to him unknown

G.W. Welt

Sworn to & subscribed before me June 29th 1859

I. Ranney P.J.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 34)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 34)

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[page 34]

[corresponds to labeled page 5 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Julia King decd

Proceedings had before Hon I. Ranney Probate Judge within and

for the County of Delaware and State of Ohio at his office in the Town of

Delaware on the 1st day of July A.D. 1859.


This day the Last Will and Testament of Julia King decd late of Del-

aware Township in said County was produced in open Court and

duly proved by the testimony of Revd Casper Wiese and Nicoles

Shaefer the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to probate and ordered to be

recorded as follows.

Copy of Will

The last will and testament of Julia King of Delaware Ohio.

Be it known that I, Julia King, being of sound and disposing mind and

memory do now make this my last will and testatment as follows to wit.

1st As soon after my death as may be convenient, I wish my personal

property disposed of by my Executor either at private or public sale as

my Executor may deem proper and out of proceeds I wish all my debts

and funeral expenses paid and any balance coming from the

personal estate is to be held in trust by my executor for the use support and

education of Mary Noone a little girl with me.

2nd I give and bequeath to my daughter Eliza Dewine Lot No 42 in

East Delaware as laid off and platted by I.J. Richardson & wife

with the improvements. The Rent of the house which is now occu

pied by John Hickey at $2.25 per month is to be applied by my

Executor for the use of the said little girl, Mary Noone from June 1st,

1859 to April 1st 1860. And the said Eliza Dewine is to pay $20 to

the Pater of Saint Mary Church Delaware as soon as may be

convenient for her as a perpetual memorial of my death and

pay the interest at six per cent per annum untill she pays the

principle and that sum is charged as a line on the lien on the property

untill paid.

3rd All gifts and donations heretofore made by me are to be held

sacred and are here confirmed.

I hereby constitute and appoint my friend William Sweeny

the Executor of this my last will and testament hereby revoking

all former will and declaring this to be my last will and

testament.

Signed sealed and delivered this 20th day of June 1859

I have called my Pater the Rev. )

Casper Weise and Nicoles Schaefer ) her

as witnesses to this my last will and ) Julia X King {seal}

have signed as witness at my request ) mark

Revd C Wiese )

Nicolas Schaefer )


The State of Ohio, Delaware County ss.

We Casper Weise and Nicolas Schaefer being duly sworn in

open Court this 1st day of July A.D. 1859 depose and say that we

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 35)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 35)

Description

[page 35]

[corresponds to labeled page 6 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Julia King decd


were present at the execution of the last will and testament

of Julia King hereto annexed, that we saw the said testa-

trix subscribe said will and heard her publish and declare

the same to be her last will and testament, and that the

said testatrix at the time of executing the same was of full

age and of sound mind and memory, and not under

any restraint and that we signed the same as witnesses at

her request and in her presence and in the presence of each other.

Revd C. Wiese

Nicolas Schaefer

Sworn to and subscribed before me this 1st day of July A.D. 1859

I. Ranney Probate Judge


Last Will and Testament of James Stark decd.

Proceedings had before Hon I. Ranney Probate

Judge within and for the County of Delaware and State

of Ohio at his office in the town of Delaware on the

16th day of July A.D. 1859

this day the last will and Testament of

James Stark late of Kingston Tp. in Ohio County Dela

ware produced in open Court and duly proven by the testi

mony of Oliver Stark & Cepter Stark the subscribing witnesses

thereto as reduced to writing & filed with sd will and admitted and

Probate and ordered to be recorded as follows.

Copy of Will.

I James Stark of the County of Delaware in the State

of Ohio do make and publish this my last will and tes

tament in manner and form following that is to say

1 It is my will that my funeral expenses and all my

just debts be fully paid.

2d I give and bequeath to my oldest daughter Maria

Perfect Six hundred dollars to be paid the first two hundred

to be paid in one year after my death. One each year

thereafter two hundred dollars untill the six hundred is paid.

3d I give to Sarah Carpenter two hundred dollars in six

yearly payments one sixth in one year after my death and

so on each year thirty three & one third of a dollar un

till all is paid

4 I give unto George Carpenter One hundred and twen

ty five to be paid one half in six years after my death

and the ballance in seven years.

5th I give unto Layfayette Carpenter One hundred and twenty five

dollars one half to be paid in six years after my death the
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 36)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 36)

Description

[page 36]

[corresponds to labeled page 7 of Will Records Vol. 4 - 1859-1869]


Last Will & testament of James Stark decd

ballance in two years after my death.

6th I give to Rebecca Bigelow one hundred dollars to be

paid one third in six years and the ballance in equal pay

ments of Thirty $33.33 If the said Rebecca Bigelow should

die without heirs then the above amount to go to the

Carpenter heirs above mentioned.

7 I give unto my son James N. Stark all of my re-

al estate containing one hundred and ninety nine acres one

hundred in Porter Township and ninety nine in Kingston

providing he pays up the several sums heretofore written

9 It is my will that James N. Stark buy for me a

set of marble tombstone worth $25.00 $30.00

And lastly I hereby constitute and appoint my son

James N Stark & Oliver Stark to be the executors for this my

last will and testament, revoking and annuling all former

wills by me made and ratifying and confirming this and

no other to be my last will and testament.

In testimony whereof I have hereunto set my hand and

seal this 26th day of January A.D. 1859. signed published &

declared by the above named James Stark as and for his

last will and testament in presence of us who at his re

quest have signed as witnesses to the same.

Witness James Stark {Seal}

Oliver Stark)

Cepter Stark)


The State of Ohio Delaware Co. SS.

We Oliver Stark and Cepter Stark being duly swarn in

open Court the 16th day of July A.D. 1859 declare and say that

we were present at the execution of the last will and testa

ment of James Stark hereto annexed: that we saw the said

testator subscribe said will by authorizing Oliver Stark to sign his name

to the same, which was done in our presence and in the presence of

said testator by his express direction, and heard him publish and do

claim the same to be his last will and testament, and that the

said testator at the time of executing the same was of full

age of sound mind & memory & not under any restraint &

that we signed the same as witnesses at his request and in

his presence, and in the presence of each other.

Oliver Stark

Cepter Stark

Sworn to & subscribed before me this 16th day of July A.D. 1859

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 37)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 37)

Description

[page 37]

[corresponds to labeled page 8 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of John N. Long decd


Proceedings had before Hon. I. Raney Pro

bate Judge in and for the County of Delaware &

State of Ohio at his office in the town of Delaware

on the 13th day of August A.D. 1859

This day the last will and testament

of John N. Long late of Genoa Tp in said

county decd was produced in open court, and

duly proven by the testimony of the subscribing wit

nesses thereto Henry Christman and Jacob Ad

ams, as reduced to writing and filed with the will

and the whole ordered to be recorded.


Copy of Will.

I John N. Long do make and publish this my

last will and testament

First I give and devise to

my son John one bay colt, said colt is a horse

colt one year old

Second I give and devise to my

wife the residue of my personal property & all of

my real estate during her natural life. At

the death of my said wife I give to my daugh

ter Mary Ilfreck who resides in Germany five dol

lars. To my Grand-daughter Joanna Loughery

five dollars. The residue of the property I wish to

be divided equally between my three children Hen

ryetta Wagner, Katharine & John Long

I do hereby nominate

and appoint Henry Christman executor of this my last

will and testament hereby authorising and empowering him

to compromise adjust release and discharge in such man

ner as he may deem proper the debts and claims due

me. I desire that no appraisement & no sale of

my personal property be made, and that the Court of

Probate direct the omission of same.

In testimony here

of I have hereunto set my hand & seal this 18th day

of July 1859. John X N. Long {Seal}

his mark

The within was signed and acknowledged by the said John

N. Long as his last will & testament in our presence

& signed by us in his presence

Henry Christman )

Jacob Adams )

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 38)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 38)

Description

[page 38]

[corresponds to labeled page 9 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of John N. Long decd.

The State of Ohio Delaware County ss.

We Henry Christman & Jacob Adams being duly sworn

in open court this 13th day of August A.D. 1859 depose

and say that we were present at the execution of the

last will and testament of John N. Long hereto an

nexed; that we saw the said testator subscribe

the same, and heard him publish and declare

the same to be his last will and testament &

that as testator at the time of executing the same

was of full age and of sound mind and mem

ory and not under any restraint, and that we

signed the same as witnesses at his request and

in his presence & in the presence of each other.

Henry Christman

Jacob Adams

Sworn to & subscribed before me this 13th day of

August 1st 1859

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 39)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 39)

Description

[page 39]

[corresponds to labeled page 10 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of John S. Brown decd

Proceedings had before Hon I. Ranney Judge

of the Probate Court within and for the County of Del

aware and state of Ohio at his office in the town of

Delaware on the 15th day of August A.D. 1859

This day the last will and testament of John

S. Brown deceased was produced in open court & duly

proven by the testimony of Henry Hodgden, J.P. Maynard

and Mr Moseman, the subscribing witnesses to said will - as

reduced to writing by said will - as

reduced to writing by said witnesses respectively subscribed and

filed with said will, - and ordered to be recorded, as follows:

Copy of Will

I John S. Brown being in

feeble health but of sound mind and memory, for these &

all other blessings I hereby trust, I am duly thankful to

my Heavely Father, who has thus far through my life sup

ported and sustained me: do make and publish this my

last will and testament

Item 1st It is my will and re

quest that my Executor will pay all just and legal de

mands against my estate, and cause a plain but suit

able monument to be erected over my grave.

Item 2nd It is my request & will

and I do devise and bequeath unto my beloved wife Sarah

Brown the use of all my real estate, and the use of all the per

sonal property, this to include my notes and if the

aforesaid property not sufficient to furnish her a good and com

fortable support, such as is necessary for a person of her age

and circumstances in life, then she is to have as much of

the principal as will afford her such support as is above

authorised. It is my request that this item be liberally con

strued, and if necessary, to take all the personal property first

then the real estate to afford such support so be it.

Item 3rd I bequeath to my Grandchild Ann Eliza

Brown, daughter of my late son Charles Brown a new fam

ily Bible, the reason that I do not bequeath to her as much

as to each of my children, is that I have given to her fa

ther (C. Brown) more than I ever assisted any other child

and my prayer is that she may diligently study the same

and practice its divine precepts during life and enjoy its bles

sings through eternity.

Item 4th After the decease of my said wife Sa

rah it is my request and will that all my property re

al and personal after creating an appropriate tombstone

over her grave and paying any legal demands against

her that my executor shall if alive, if not, then my

children in their legal representations shall cause said prop

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 40)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 40)

Description

[page 40]

[corresponds to labeled page 11 of Will Records Vol. 4 - 1859-1869]


Last Will & testament of John S. Brown decd


erty to be divided equally between my children, Jane Westerville

Ezekial Brown, Benjamin C. Brown and Mary E. Bailey and

if any shall die before that time then his or her child or

children to inherit its parents portion; but if any shall die

leaving no surviving child then such childs portion to be

equally divided among my other children and their legal rep

resentatives, and if in any case it shall be necessary to

sell the real estate, either for the support of my wife or to

make an equitable division of my property then my ex

ecutor is authorized and empowered to sell at public or

private sale on the most advantageous terms and make

execute and deliver to the purchaser a good & sufficient deed

As I have assisted my sons Ezekial and

Benjamin C. Brown to eight hundred dollars each and

to each of my daughters Jane & Mary E. five hundred dollars each

Pay and to be first made equal with my sons, their Pd -

ballances to be divided equally among all four of my chil

dren or their legal representation.

Item 5th I do hereby appoint my son Ezekiel Brown

the Executor of this my last will and testament revoking

any and all other wills by me made. In testimony

whereof I have signed and sealed this my will this 30

day of April 1859

his

John x S. Brown {seal}

mark

Signed and sealed by said John S. Brown )

in our presence & he acknowledges the same )

to be his Will and we witnessed the same )

in his presence and at his request )

J.P. Maynard )

M. Mossman )

Henry Hodgden )

State of Ohio Delaware County ss.

Mr. Henry Hodgden, J.P. Maynard & Matthew Mossman being duly sworn

in open court this 15th day of August A.D. 1859 depose and say that we

were present at the execution of the last will and testament of

John S. Brown hereto annexed that we saw the testator subscribe

sd will, and heard him publish and declare the same to be his

last will and testament, and that said testator at the time of

executing the same was of full age and of sound mind and

memory and not under any restraint, and that we signed

the same as witnesses at his request & in his presence & in the

presence of each other.

Harry Hodgden

J.P. Maynard

M. Mossman

Sworn to & subscribed before me this 15th day of August

A.D. 1859

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 41)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 41)

Description

[page 41]

[corresponds to labeled page 12 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Francis Maize decd


Proceedings had at the office of Isaac Ranney

Probate Judge in and for the county of Delaware and

Sate of Ohio on the 30th day of August A.D. 1859 before

Isaac Ranney Probate Judge


An authenticated copy of the last will and testament

of Francis Maize late of Marion County in said State of

Ohio decd was this day produced in Court and it ap-

pearing to the satisfaction of the court that the said will

was being proved in said county according to law and that the said will

has relation to property within said County of Delaware

Therefore on motion it is ordered by the Court that said

authenticated copy thereof be recorded in the record of wills in

this office

I. Ranney Probate Judge

Francis Maize Copy of Will

At a court of Probate within and for the County of Marion

and State of Ohio, held by George Snyder, Judge there of on the

28th day of July in the year of Our Lord One Thousand Eight Hundred

and fifty nine

Be it remembered that on the day and year afore

said and in the court aforesaid, the last will and testatment of

Francis Maize late of Marion County and State of Ohio, was

produced, and admitted to record, which will is in the records

and figures following to wit

In the name of the Benevolent Father of all I

Francis Maize, do make and publish this my last will

and Testament

Item 1st I give and bequeath to my daughter Margaret

Phillips one half of my real estate lying and being in

Thompson Township Delaware County Ohio. Said premises

contain one hundred & Eleven and one half acres, with the

understanding that she my said daughter Margaret give

to my daughter Frances Isabella Cox One Hundred Dollars

Item 2nd I devise and bequeath to my daughter Frances

Isabella Cox, the remaining half of said real estate

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

and seal this 15th day of May A.D. 1856

F. Maize {Seal}

Signed and acknowledge by said )

Francis Maize, as his last will and )

testament in our presence and by us )

in his presence )

A.D. Matthews )

John E. Davids )

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 42)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 42)

Description

[page 42]

[corresponds to labeled page 13 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Francis Maize decd

The State of Ohio, Marion County ss

We A.D. Matthews and John E. Davids being duly sworn

in open court this 28th day of July in the year of our Lord

one thousand eight hundred & fifty nine, depose and say,

that we were present at the execution of the last will and

testament of Francis Maize deceased, hereto annexed; that

we saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will and testament,

and that the said testator at time of executing the same, was of

full age, and of sound mind and memory, and not under

any restraint; and that we signed the same as witnesses at his

request, and in his presence, and in the presence of each other.

A.D. Matthews

John E. Davids

Sworn to and subscribed before me at Marion this 28th day of

July A.D. 1859

G. Snyder Probate Judge

( July 28th A.D. 1859

Francis Maize Estate ( Probate Court Marion County Ohio

( Proof of Will

The last will and testament of Francis Maize

late of Marion County decd, was this day produced without

A.D. Matthews & John E. Davids the subscribing witnesses to

said will Appeared and in open court on oath testified to the due

execution of said will, which testimony was reduced

to writing and by them respectively subscribed and filed

with said will, and it appearing to the court of said testimo-

ny, that said will was duly attested and executed, and that

said testator, at the time of executing the same was of full

age and of sound mind and memory and not under any restraint;

It is ordered by the Court, that said will and testimony be recorded;

and there being no executor named in the said will. It is further

ordered by the Court, that Thomas Phillips & Prior Cox be and are

hereby appointed Administrators with the will annexed and it

is further ordered by the Court that said administrator give

bond in the sum of One Thousand Dollars with A.D. Matthews

and as securities conditioned

according to law, and the court appoint Henry Freese, Richard

Tyler and Adam Dilsever as appraisers of the personal property

of said deceased, and therefore came they said administrators

and in open Court accepted said appointment, and give

bond accordingly.

G. Snyder Probate Judge

The State of Ohio Marion County ss J. George Snyder Probate Judge

in and for said County, do certify hereby, that the fore going is a true copy of the original

{Seal} on file of said court. In testimony whereof I have hereunto set my

hand and official Seal at Marion this 26th day of July A.D. 1859

G. Snyder Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 43)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 43)

Description

[page 43]

[corresponds to labeled page 14 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Sarah E. Perry Decd

Proceedings had before Hon Isaac Ranney Probate Judge

within and for Delaware County State of Ohio at his office in

the town of Delaware on the 24th day of September A.D. 1859


This day the last will and testament of Sarah E. Perry late

of Radnor township in said county deceased was produced in open

court and duly proven by Abraham Lloyd & David Williams and ordered

to be recorded as follows

Copy of Will

I Sarah E Perry of Radnor Township and Delaware

County in the State of Ohio do make and publish this my last

will and testament in manner and form following, that is to say,

First It is my will that my funeral expenses and all my just

debts be fully paid

Second I give and devise and bequeath to my grand son Lewis

Wolfley all my interest in the Estate of Margaret Morris Decd

willed by her to me during her life time and not in my possess-

ion yet.

and Lastly I hereby constitute and appoint my son William Perry

to be the executor for this my last will and testament revok-

ing and annulling all former wills by me made and ratifying

and confirming this and no other to be my last will and test-

ament.

In Testimony whereof I have hereunto set my hand

and seal this 14th day of January in the year A.D. one thousand

eight Hundred and fifty Eight

her

Sarah E. x Perry

mark

Signed published & declared )

by the above named Sarah E. Perry )

as and for her last will and )

Testament in presence of us )

who at her request have signed )

as witnesses to the same )

David Williams )

Abraham Lloyd )

The State of Ohio, Delaware County ss

We David Williams and Abraham Lloyd being duly sworn in open

Court this 24th day of Sept A.D. 1859, depose and say, that we were present

at the execution of the last will & testament of Sarah E. Perry hereto an-

nexed; that we saw the said testatrix subscribe this will & heard her publish

and declare the same to be her last will and testament, and that the

said testatrix at the time of executing the same was of full age, and of

sound mind & memory, and not under any restraint, and that we sign

ed the same as witnesses at her request and in her presence and in the

presence of each other

Abraham Lloyd

David Williams

Sworn to & Subscribed before me this 24th day of Sept A.D. 1859

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 44)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 44)

Description

[page 44]

[corresponds to labeled page 15 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Eberhardina Neff, Decd


Proceedings had before Hon. Isaac Ranney Judge

of the Probate Court within and for the County of Delaware

and State of Ohio at his office in the town of Delaware

On the 26th day of September A.D. 1859


This day the last will and Testament of Eberhardina Neff, decd

late of Township in said county was produced in

open Court and duly proven by the testimony of C.P. Albright and

C. Houck & T. Reichert the Subscribing witnesses thereto as reduced to writing

& filed with said will admitted to probate and ordered to be

recorded as follows





The State of Ohio, Delaware County ss.

We Christina Houck, Tobias Reicherts and Christian P Albright

being duly sworn in open Court this 26th day of Sept A.D. 1859

depose and say that we were present at the execution of the last

will and Testament of Eberharania Neff hereto annexed; that

we saw the said Testatrix subscribe said will, and heard her publish

and declare the same to be her last will and testament, and that

the said testatrix at the time of executing the same was of

full age, and of sound mind and memory, and not under

any restraint, and that we signed the same, as witnesses at

her request and in her presence; and in the presence of each

other

C.P. Albright

Christina Houck

Tobias Reichart

Sworn to & subscribed before me this 26th day of Sept A.D. 1859

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 45)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 45)

Description

[page 45]

[corresponds to labeled page 16 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Eli Downing Decd


Proceedings had before Hon. Isaac Ranney Judge of the

Probate Court within and for the County of Delaware and,

State of Ohio, at his office in the town of Delaware this 5th day

of October A.D. 1859

This day the last will and testament of Eli Downing

deceased late of Harlem Township, Delaware County Ohio was

produced in open Court & duly proven by the testimony of

Daniel Bennett & B.C. Waters the subscribing witnesses thereto (as

reduced to writing & filed with said will) admitted to Probate &

ordered to be recorded as follows.

In the name of the Benevolent Father of all

I, Eli Downing of the County of Delaware Harlem Township in

the State of Ohio do make and publish this my last well and

testament

lst I give and devise to my beloved wife the farm on which

we now reside, situate in the township of Harlem, County

of Delaware and State aforesaid, containing about Sixty four

acres of land, during her natural life and after her death

should my son Eli Downing survive her, I give and devise to

my son Eli the said farm above mentioned and to his heirs

forever the said Eli to pay Rosell Downing One Hundred Dollars

Nathan Downing Fifty Dollars

Lyman Downing One Hundred Dollars

Elisa Book One Hundred Dollars

Hannah Downing Two Hundred Dollars

Delila Brown One Hundred Dollars

The said sums of money to be paid to the rest of my heirs annually

beginning with the first one named in this my will and paying as their

names are mentioned but none to be paid for one year after the death

of my said wife Said Eli to keep and provide for my said wife so long

as she shall live, and to pay him the Said Eli it is my wish that

he shall have the use and occupation of said farm and to fur-

nish to my said wife a separate living should she desire the same

Hannah to have a home with her mother as long as her mother lives

and stays upon said farm. I desire that no appraisement

had no Sale of my personal property be made and that the

court of Probate direct the mission of the same in pursuance

of the Statute

I do hereby nominate and appoint my son Eli Downing

to be the executor of this my last will and testament and,

hereby authorize and empower him to compromise & adjust

release and discharge in such manner as he may think

proper the debts & claimed due one and, owing by me

It is my desire that my beloved wife have all my personal

property. It is my desire that the expenses of my last sickness

and burial be paid out of my personal effects first and then

the remainder to go to my wife. In testimony hereof,
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 46)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 46)

Description

[page 46]

[corresponds to labeled page 17 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Eli Downing Deceased

I authorize B.C. Waters to sign the same this the Sixth day

of May in the year 1859

Eli Downing {Seal}

Signed & acknowledged by said

Eli Downing as his last will and

testament in our presence and

signed by us in his presence

Daniel Bennet Jr

B.C. Waters


~ ~ ~ ~ ~ ~ ~ ~

The State of Ohio, Delaware County ss

We Daniel Bennet and B.C. Waters being duly sworn

in open court this 5th day of October A.D. 1859, depose and say

that we were present at the execution of the last will and testament

of Eli Downing hereto annexed; that we saw the said testator

subscribe said will by authorising B.C. Waters to sign his name to

the same, and heard him publish and declare the same to be

his last will and testament, and that the said testator at the time

of executing the same was of full age, and sound mind and memory,

and not under any restraint, and that we signed the same

as witnesses at his request and in his presence and in the presence

of each other

Daniel Bennet Jr

B.C. Waters

Sworn to and subscribed before me this 5th day of October

A.D. 1859

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 47)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 47)

Description

[page 47]

[corresponds to labeled page 18 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Moses Carpenter decd


Proceeding had before Hon. I. Ranney Probate Judge within

and for the County of Delaware & State of Ohio on the 11th day of Nov

A.D. 1859 at his office in the town of Delaware


This day the Last Will & Testament of Moses Carpenter deceased was

produced in open Court & duly proven by the testimony of Victor Arnold

& Henry Hodgsden, the subscribing witnesses to said will (as reduced to

to writing, and filed with said will) and ordered to be recorded, as follows

Copy of Will

In humble despondence upon Divine Providence who has heretofore and up

to the present time supported & sustained me and upon whose grace I trust

for the future.

I, Moses Carpenter being of feeble health but of sound mind

and memory do make and publish this my last will & testament

Item 1st It is my will, desire and request, that my executor cause

to be fully paid all just claims and legal demands against my estate

and cause a plain, suitable marble monument to be erected over my

grave; let it be appropriate and avoid all unnecessary expense

Item 2nd I devise and bequeath unto each of my children and heirs here

after named the sum of two Hundred Dollars viz. my son Hiram Carpen

ter (deceased) children to be equally divided among them this to paid

out of or with a note I hold against Sarah Carpenter their mother

She to pay said note to them with what interest may be due.

then, to such, each of the following named children Two Hundred Dollars

Mary Carter, Laura Carter, Eveline Allen, Armenius Carpenter, Phidelia

Welks, Christiana Cook and Dorman Carpenter. and those whom I

have loaned money to and to receive and be paid in their notes and when

there is interest on the note that will make it more than that sum the

interest not to be collected but given to the matter of the note

Item 3rd I give and bequeath to the Missionary Society of the Meth

odist Episcopal Church of the United States to be applied to and for

the benefit of the Liberia African Mission. Twenty five Dollars

Item 4th Whatsoever may remain of my property after the above

devises are paid, I give, devise and bequeath to be equally divided among

my following named children viz Mary Carter, Laura Carter, Eveline

Allen, Armenius Carpenter, Christiana Cook, Dorman Carpenter and

Phidelia Welks

The Missionary money hereby devised to be paid to the Presiding Elder

of the M.C. Church Delaware District or if a change is made in the

district, then to the Elder to which Galena may be attached

Item 3rd I do hereby nominate and appoint Armenius Carpenter

and Gorman Carpenter executors of this my last will and testament

In testimony whereof I have hereunto set my hand and

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 48)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 48)

Description

[page 48]

[corresponds to labeled page 19 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Moses Carpenter deceased

Seal this seventh day of April 1855

Moses Carpenter {seal}

Signed and acknowledged by said Moses Carpenter as his last will and

testament and signed by us in his presence

Henry Hodgsden

Victor Arnold

William Lenington

Albert B. Condit

The State of Ohio, Delaware County, ss

We Victor Arnold and Henry Hodgden, being duly sworn in open Court

this 11th day of Nov A.D. 1859, depose and say, that we were present at

the execution of the last will and testament of Moses Carpenter,

hereto annexed; that we saw the said testator subscribe said will, and heard

him publish and declare the same to be his last will and testament, and

that the said testator at the time executing the same was of full age, and

of sound mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his presence, and in

the presence of each other & in the presence of Wm Lenington & Albert B. Condit

the other subscribing witnesses to said will who are both now, residents of

this state

Victor Arnold

Henry Hodgden

Sworn to and subscribed before me this 11th day of Nov. A.D. 1859

I Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 49)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 49)

Description

[page 49]

[corresponds to labeled page 20 of Will Records Vol. 4 - 1859-1869]


Last Will and testament of Shubael W. Knapp Decd

Proceedings had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware State of Ohio at his

office in the town of Delaware in the 5th day of December A.D. 1859


This day the Last will & testament of Shubael W. Knapp deceased was

produced in open court and duly proven by the testimony of Josiah

McKinnie and William McKinnie, the subscribing witnesses to said will

(as reduced to writing and filed with said will) and ordered to be

recorded as follows

Copy of Will

In the name of the Benevolent Father of all, I Shubael W. Knapp

of the County of Delaware & State of Ohio do make and publish this

my last will and testament:

Item 1st I give and devise to my beloved wife in lieu of her dower

the farm on which I now reside situate in Liberty township, County &

State aforesaid containing about one hundred & thirty acres, during her nat

ural life in case she remains a widow; but in case she marries again,

from such time shall only hold that part of the farm (during her natural life)

which lies south of the County road running east and west through said

farm, the balance of said farm to be sold and divided equally a

mong the legal heirs. I also give to my wife all my Stock, house and

furniture and all other chattels which I may be in possession of at

the time of my decease. She however selling so much thereof as may

be sufficient to pay my just debts. At the death of my said wife my

real estate to be sold and divided equally among my heirs.

I do hereby nominate and appoint my beloved wife, guardian of

my minor children until they arrive at the age of Twenty One.

But in case she marries again her guardianship shall cease & terminate

and said children shall choose their own guardians. In case that

in my life I do not dispose of a field of about ten acres lying be

tween the Olentangy river and the north & south road running past Bu

bor's Mills, in that case my said wife may sell and dispose of said

field, the avails of which she may use for educating the minor child

ren

Item 2nd I do hereby appoint Mary H Knapp my beloved wife my Exec

utrix. I desire that no appraisment and no sale of my personal prop

erty be made; and that the court of Probate direct the omission of

the same in pursuance of the statute. By this it is not understood

as prohibiting a public or private sale of so much of my personal

property as shall be necessary to pay my just debts, or as she said

Executrix may think for her interest and the interest of the minor

children

I do hereby revoke all former wills by me made

in testimony hereof I have hereunto set my hand and seal this

nineteenth day of April in the year 1859

Shubael W. Knapp {SS}

Signed and acknowledged by said Shubael W. Knapp as his

last will and testament in our presence; and signed

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 50)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 50)

Description

[page 50]

[corresponds to labeled page 21 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Shubael W. Knapp Deceased

by us in his presence

Josiah McKinnie

William McKinnie

The State of Ohio Delaware County ss

We Josiah McKinnie and William McKinnie being duly sworn in

open Court this 5th day of December A.D. 1859, depose and say, that we

were present at the execution of the last will and testament of Shubael

W. Knapp hereto annexed; that we saw, the said testator subscribe said will,

and heard him publish and declare the same to be his last will & testament

and that said testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint, and that

we signed the same as witnesses at his request and in his presence, and

in the presence of each other

Josiah McKinnie

William McKinnie

Sworn to and subscribed before me this 5th day of December A.D. 1859

I Ranney Pro. Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 51)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 51)

Description

[page 51]

[corresponds to labeled page 22 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thomas Cowgill decd

Proceedings had before Hon Isaac Ranney Probate

Judge within and for the County of Delaware and State of

Ohio at his office in the town of Delaware on the 8th day of

December A.D. 1859

This day the last will and testament of Thomas Cowgill

deceased was produced in open court and duly proven by

the testimony of Silas Emerson the subscribing

witness thereto (as reduced to writing & filed with said will)

and ordered to be recorded as follows

Copy of Will

I Thomas Cowgill of the County of Delaware and State of

Ohio do make and publish this my last will and testament

1st I give and devise to my son Joseph T. Cowgill so much of my

land situate in Berlin Township in the County aboved named

being the same deeded to me by Walter May as is included in the

following bounds, beginning at the north line of said lot of land in

the County road which runs through it from North to south - then

running south along said road until it comes to the little run

which passes through the place from west to east, then take a straight

line east and west to the east line of said lot and also to the west

line of said lot

(2nd) Second I give and devise to my son George W. Cowgill all the

balance of said land bought of Walter May to wit - all south of the

line before described including that bought of M.A. Nog

(3rd) Third I give and devise to my daughter Martha A. Cowgill the

sum of one hundred dollars to be paid as follows fifty dollars

to be paid her by Joseph T. Cowgill when he shall become Twenty one

years of age and fifty dollars to be paid her by George W. Cowgill when

he shall become twenty one years of age

(4) Fourth it is my will that my wife Polly Cowgill shall have her

support off from the place above named and have controll of the same

so long as she supports the children and remains my widow, but

shall relinquish all right or claim to Joseph's part when he comes

twenty one years of age

(5) Fifth. It is my will that my debts and expenses shall be paid out

of my personal property and should there be a balance over that to

be divided equally among my three children reserving to my wife

Polly Cowgill the use of the whole so long as she remains my widow

(6) Sixth I do hereby nominate and appoint Thomas P. Flagg and Silas

Emmerson as Executors and Administrators

(7) Seventh I also nominate and appoint the said Thomas P. Flagg

and Silas Emmerson as joint guardians of my three children Joseph

T, Martha A. & George W. Cowgill

Nov 10th A.D. 1859 Thomas Cowgill {seal}

Signed and acknowledged by said Thomas Cowgill as his last will and testa

ment in our presence and signed by us in his presence

Silas Emerson

Levi Roloson

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 52)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 52)

Description

[page 52]

[corresponds to labeled page 23 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thomas Cowgill decd

The State of Ohio, Delaware County ss

We Silas Emerson and & Levi Roloson being duly sworn in open court

this 8th day of December A.D. 1859, depose and say, that we were pres-

ent at the execution of the last will and testament of Thomas Cowgill

hereto annexed; that we saw the said testator subscribe said will, and

or heard him acknowlegde his signature to the same

heard him publish and declare the same to be his last will and testament,

and that the said testator at the time of executing the same was of full

age, and of sound mind and memory, and not under any restraint, and

that we signed the same as witnesses at his request and in his presence

Silas Emerson

Levi Roloson

Sworn to and subscribed before me this 8th day of December A.D. 1859

I. Ranney Pro. Judge

Jany. 9th 1859

This day came into open court Mrs. Pol

ly Cowgill widow of sd Thomas Cowgill decd & being

instructed by the Court as to her rights both of law &

under sd will signified her election to take under

sd will I. Ranney Pro Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 53)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 53)

Description

[page 53]

[corresponds to labeled page 24 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Effy Dildine decd

Proceedings had before Hon Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 17th day of December A.D. 1859


This day the last will and testament of Effy Dildine deceased was

produced in open court and duly proven by the testimony of John

Cunningham and William Prichard the subscribing witnesses thereto (as redu-

ced to writing and filed with said will) and ordered to be recorded as

follows

Copy of Will

In the name of the Benevolent Father of all I Effy Dildine of the

of the County of Delaware Ohio do make and publish this my last will

and testament in manner and form following

1st I give and devise to my daughter Effy Olds one bed and bedding

being the bed and bedding she now has in her possession, also the large cork

stove and furniture which we now have in use and Twenty five dollars

in money when collected out of any money due me at my decease

2nd I give and devise to my sons William Dildine and Valentine Dildine

all the balance of my property real and personal consisting of One

In Lot in the village of Delhi being in lot Nu Forth in Loyds addition to

Delhi. Also all my moneys, credits & effects, stock, household & kitchen stuff

& bring all I am possessed of at my death by them paying all my

debts and expenses and the above named Twenty five to my said daughter

Effy Olds

3rd I constitute and appoint my sons William and Valentine Dildine to state

and carry out this my will as above named This 11th day of July A.D. 1859

his

Effy x Dildine {Seal}

mark

Signed and acknowledged by said Effy Dildine

as her last will and testament in our presence

and signed by us at her request and in her presence

John Cunningham

William Prichard

The State of Ohio, Delaware County ss

We William Prichard and John Cuningham being duly sworn in open

court this 17th day of December A.D. 1859, depose and say, that on more

present at the execution of the last will and testament of Effy Dildine

hereto annexed, that we saw the said testatrix subscribe said will, and

heard her publish and declare the same to be her last will and testament

and that said testatrix at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint, and that we

signed the same as witnesses at her request and in her presence, and in the pres-

ence of each other.

William Prichard

John Cunningham

Sworn to and subscribed before me this 17th day of December A.D. 1859

I Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 54)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 54)

Description

[page 54]

[corresponds to labeled page 25 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Leonard Love Deceased

Proceedings had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio

at his office in the town of Delaware on the 20th day of February

AD 1860


This day the last will and testament of Leonard Love of said County

deceased was produced in open court and duly proven by the testi

mony of J.C. Sidle & William Sparks the subscribing witnesses thereto

(as reduced to writing and filed with said wills) and ordered to be

recorded as follows

Copy of Will

In the name of the Benevolent Father of all, I Leonard Love of

the County of Delaware and State of Ohio do make this my last

will and Testament,

Item 1st) I will that the farm upon which I now reside in Delaware

County and the farm that I own in York Township, Union County

Ohio be sold to the best advantage and all my just and honest

debts be paid out of the proceeds of the same

Item 2nd) I do give and bequeath to my beloved wife Eliza Jane, one

fourth of the proceeds of all my property both personal & real in

money for her own separate and personal use after my just debts

are paid

Item 3rd) The remaining three fourths to be applied for the use

of my minor children for their support and raising until they

respectfully arrive at the age of Fifteen years

Item 4th) I do hereby nominate and appoint Manily T. Morris guar-

dian of my children Philena Elizabeth and Semon C. Love until

they arrive at the age of twenty one years and I do nominate

and appoint G.W. Sears guardian of my children LaMain Valentine

and Mary Lucinda Love until they arrive at the age of twenty

one years my said guardians are hereby enformed to give my

children a good English education and to rear them in habits

of industry and imedeate upon them as far as may be the duties

of Christianity and after my children shall arrive at the age

of Fifteen if there is any of the money it is to be divided equally

and if any of the children

among all of the children ^should by sickness or other cause become una

ble to support themselves I request my said guardians to reserve enough

if any there be for the support of said invalid until it or they shall

arrive at the age of twenty one years

Item 5th) One bed one bureau and one set of iron stone china dishes

to go my daughter Philena Elizabeth and one bed to go to my son Semon

C. which was the property of their mother

Item 6th) I reserve one scholarship in the Delaware Colage to my sons

and my name sake Harry Seman Parks

Item Six) I do hereby nominate and appoint J.C. Sidle executor of this my

last will and testament hereby authorizing and impowering him to com-

promise and adjust release and discharge in such a manner as

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 55)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 55)

Description

[page 55]

[corresponds to labeled page 26 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Leonard Love deceased

he may deem proper the debts and claims due me I also author-

ize and empower him in order to pay my debts to sell by private sale

or in such manner or open such terms of credit or otherwise as he may

think proper all of my real estate and deeds to purchasers to execute

and acknowledge in fee simple I do hereby make all former wills

by me made -- in testimony hereof I have hereunto set

my hand and seal this 26th day of Dec 1859

Leonard Love {SS}

Signed and acknowledged by Leonard Love as his

last will and testament in our presence and signed

by us in his presence

J.C. Sidle

Wm Sparks


The State of Ohio, Delaware County Ss.

We J.C. Sidle & William Sparks being duly sworn in open court

this 20th day of Feby A.D. 1860, depose and say that we were present

at the execution of the last will and testament of Leonard Love hereto an-

nexed; that we saw the said testator subscribe said will, and heard

him publish and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request and in

his presence and in the presence of each other

Wm Sparks

J.C. Sidle

Sworn to and subscribed before me this 20th day of February A.D. 1860

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 56)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 56)

Description

[page 56]

[corresponds to labeled page 27 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Watson Karr deceased


Proceeding had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 8th day of March A.D. 1860


This day the last will and testament, of Watson Karr Decd

was produced in open Court, and duly proven by the testimony of

William Warner and Thomas Hughes the subscribing witnesses thereto (as

reduced to writing and filed with said will) admitted to probate

and ordered to be recorded as follows

Delaware Nov 16 1859

I Watson Karr of a sound mind do

this day appoint my wife Margaret Karr my lawful executor of

my estate and authorize her to settle all my accounts and dispose

of all my property To wit, fifteen acres of land in Illinois, five

acres of land in Delaware O. and also to collect all my outstanding

debts & to have & hold all my goods & chattels & moneys for the use and ben-

efit of herself and family to wit my children Ann Woods Alma Karr

John Karr Mary Karr Watson Karr Jun & Melancthan Karr

Watson Karr

Witness

H.S. Bradley

William Warner

Thos Hughes

The State of Ohio Delaware County S.S.

Mr William Warner H.S. Bradley and Thos Hughes being duly sworn in open

court this 8th day of March A.D. 1860, depose and say, that we were

present at the execution of the last will and testament of Watson

Karr hereto attached; that we saw the said testator subscribe his

will, and heard him publish and declare the same to be his last

will and testament, and that the said testator at the time of

executing the same was of full age, and of sound mind and

memory, and not under any restraint, and that we signed the same

as witnesses at this request, and in his presence, and in the presence

of each other

H.S. Bradley

William Warner

Thos Hughes

Sworn to and subscribed before me this 8th day of March A.D. 1860

I Ranney

Pro Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 57)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 57)

Description

[page 57]

[corresponds to labeled page 28 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Titus Case decd

Proceeding had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 15th day of March A.D. 1860


This day the last will and Testament of Titus Case late of

Liberty Township in said county deceased was produced in open

court & duly proven by the testimony of Timothy Andrews & Seth W. Case

the subscribing witnesses thereto (as reduced to writing and filed with

said will) admitted to probate and ordered to be recorded as follows, to wit

Copy of Will

Know all whom it may concern, that I, Titus Case of Liberty

Township, Delaware County, State of Ohio do hereby make and constitute

this my last will and testament in form & manner following

1. that my funeral charges and all just debts be paid

2. that my wife Hannah Case take under the Law and that her right

of dower, years support set off and all be settled according to law as soon

as convenient after my death

3. that my daughter Elizabeth Case have one thousand dollars heir-

ship rite and one hundred dollars a year for her work since

she was eighteen years of age and that she take the land that is

deeded to her at its present appraised value

4. that Miles Case have one thousand dollars refer to the book page

26 to see how much he has had and the balance to be made out of

my personal property as soon as convenient for the estate

5. that Carroline Case have one thousand dollars refer to the book page

24 to see what she has had must have enough to make up five

hundred dollars for college purposes as soon as convenient for

the estate

6. I give and bequeath at the death of my wife five hundred

dollars for missionary fund to be paid as soon as convenient on

the order of the brand of the missionary society of the Central Ohio-

ian Conference of Ohio if one be formed according to Law and

and the officers be available for the proper application of the money

that may comiath their hands this money to be put on interest and

only the interest subject to use yearly Provided That if the central

christian conference fail to organize according to law, so as to make

a safe deposit, thru this donation must be given to the Christian Book

association of Ohio, if it be by ally organized, if not, it shall be giv-

en to the Eastern Book association of New york, and this donation must be

changed from a special sum to an equal Heir with my children on

the last divided

8th I hereby choose Seth W. Case as executor of this my last will and

Testament

Signed, sealed & acknowledged as my last will this 1st day of October A.D. 1859

Executed in presence of the undersigned & signed by us ) Titus Case {Seal}

in his presence Timothy Andrews S.W. Case )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 58)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 58)

Description

[page 58]

[corresponds to labeled page 29 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Titus Case deceased

The State of Ohio, Delaware Co Ss

We Timothy Andrews and Seth W. Case being duly sworn in open

court this 15th day of March A.D. 1860, depose and say, that we

were present at the execution of the last will and testament of Titus

Case hereto annexed, that we saw the said testator subscribe said will

and heard him publish and declare the same to be his last will and

testament, and that said testator at the time of executing the same

was of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at his request

and in his presence, and in the presence of each other

Timothy Andrews

S.W. Case

Sworn to and subscribed before me this 15th day of March A.D. 1860

I Ranney Pro Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 59)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 59)

Description

[page 59]

[corresponds to labeled page 30 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of John C. Brown

Proceedings had before Hon. Isaac Ranney, Probate Judge

within and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 14th day of April A.D. 1860


This day the last will & Testament of John C. Brown late

of Delaware County & State of Ohio deceased was produced in open

court & duly proved by the testimony of Joseph C. Grove and Isaac

Ziegler the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to probate and ordered to be recorded as

follows

In the name of the Benevolent Father of all I, John C. Brown

of the County of Delaware and State of Ohio being of sound mind

and memory do make and publish this last will and testament

in manor & form following -- Being possessed of but little prop

erty and feeling myself indebted to my sisters Margaret J. Julia A &

and Sarah M. Brown for money furnished for my support, and their kind care

and attention to me during my long & severe sickness

1st I give and bequeath to my sisters Margaret G. and Julia A Brown

after paying my funeral expenses all the claims not now disposed of

consisting in various small sums and all my clothing books & all

2nd I give and bequeath to my sister Sarah M. Brown two building lotts of

which I am now possessed lying and being in the county of Dunn &

county of Duran and State of Wisconsin. This being all the

property I am now possessed of I give and convey the same to my above

named sisters as some compensation for the above named considerations.


Executed this 21st day of May A.D. 1858 John C. Brown {Seal}

in our presence and signed by us

at his request & in his presence

Jos S. Grove

Isaac Ziegler


The State of Ohio, Delaware County Ss,

We Joseph G. Grove and Isaac Zeigler being duly sworn in open

court this 14th day 14th day of April A.D. 1860 depose and say, that

in our present at the execution of the last will and testament of John

C. Brown hereto annexed; that we saw the said testator subscribe

said will and heard him declare the same to be his last will and

testament, and that the said testator at the time of executing the same

was of full age and of sound mind and memory and not

under any restraint, and that we signed the same as witnesses

at his request and in his presence and in the presence of each

other J.G. Grove

Isaac Zeigler

Sworn to and subscribed before me this 14th day of April A.D. 1860

I. Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 60)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 60)

Description

[page 60]

[corresponds to labeled page 31 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Henry Freese deceased


Proceedings had before Hon Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 27th day of July AD 1860


This day the last will and Testament of Henry Freese late of

Delaware County & State of Ohio deceased was produced in open

court and duly proven by the testimony of W.J. Watson and

B.H. Willis the subscribing witnesses thereto (as reduced to writing

and filed with said will) admitted to Probate and ordered to be

recorded as follows


In the name of the Benevolent Father of all, I Henry Freese

do make and publish this my last will and testament

1st It is my will that all my past debts and funeral expenses

be paid

2nd I give will and bequeath to my daughter Elizabeth Black

the sum of Five Dollars to be paid out of my personal property

3rd I give and bequeath to my nephew Moses Oller & his heirs,

or in case of the decease of said Moses Oller, having no children, then

I give, will and bequeath to my sister Mary Oller & her heirs all

the residue of my property both real and personal

I desire that no appraisement and no sale of my personal

property be made and that the Court of Probate direct the

omission of the same in pursuance of the Statute

In testimony whereof I Have hereunto set my hand & seal

the 23rd day of May in the year of our Lord 1860

Henry Freese {Seal}

Signed and acknowledged by said

Henry Freese as his last will & testament

in our presence & signed by us in his

presence W.T. Watson

B.H. Willis

The State of Ohio, Delaware County S.S.

We Walter T. Watson & B.H. Willis being duly sworn in open court

this 27th day of July A.D. 1860 depose and say, that we were present

at the execution of the last will and testament of Henry Freese

hereto annexed; that we saw the said testator subscribe said will, and

heard him publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same was

of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at his

request and in his presence, and in the presence of each other

W.T. Watson

B.H. Willis

Sworn to and subscribed before me this 27th day of July A.D. 1860

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 61)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 61)

Description

[page 61]

[corresponds to labeled page 32 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Oliver Gnatnak


Proceedings had before Hon. I. Ranney Probate Judge within

and for the County of Delaware & State of Ohio at his office

in the town of Delaware on the 8th day of June A.D. 1860


This day the last will & testament of Oliver Gnatnak late of

Delaware County deceased so as produced in open Court and duly

proven by the testimony of Charles Longshore & Philander Edmister the

subscribing witnesses to said will (as reduced to writing & filed with

said will) and admitted to probate and ordered to be recorded as fol

lows.

In the name of the Benevolent Father of all, I Oliver Gnatnak

of the County of Delaware & State of Ohio do make and publish

this my Last will and testament

1st I give and devise to my beloved wife in lieu of her dower the farm

on which we now reside situate in the County of Delaware and State of Ohio

it being the north half of the south east quarter in Range Sixteen, Township

four and section two containing about Eighty Eight acres more or less, as

long as she shall remain my widow and if she should not marry again

during her natural life and all the stock horses home goods furniture pro

visions and other goods and chattels which may be thereon at the time

of my decease during her natural life as aforesaid. At the death of

my said wife the real estate aforesaid and such part of the said

personal property or the proceeds thereof as may then remain unas

sumed and unexpended I give and devise to my sons George W. Greatreaks

Manuel Greatreaks and Marion Greatreaks and their heirs to be equally

divided into three shares and the said George W. Greatreaks, Manuel Greatreaks

and Marion Greatreaks shall pay to their sisters in one year after they come

in possession of said property the sum of Six Hundred Dollars to be equally

divided between them, it being one hundred and fifty dollars for each

Harriet Sunderland $150. Mariah Dehart $150. Dorcas Edmister $150. &

Eliza Jane Greatreaks $150. and if the girls aforesaid should not live

until that time, then to their heirs

I do hereby nominate and appoint Jacob Fisher and Bazabel Culno

executors of my last will and testament, hereby authorizing and empower

ing them to compromise adjust release and discharge in such manner

as they may deem proper the debts and claims due me. I do also authorize

and empower them if it shall become necessary in order to pay my debts

to sell by private sale or in such manner upon such terms of credit

or otherwise as they may think proper all or any part of my real estate

and deeds to purchasers to execute acknowledge and deliver in fee

simple

I do hereby revoke all former wills by me made. In testimony

whereof I have hereunto set my hand & seal this 6th day of March in

the year Eighteen hundred & sixty

Oliver Greatreaks {SS.}

Signed and acknowledged by said Oliver Greatreaks

as his last will & testament in our presence & signed

by and in his presence Charles Longshore Philander Edmister

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 62)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 62)

Description

[page 62]

[corresponds to labeled page 33 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Oliver Gnalnaks decd continued


The State of Ohio, Delaware County SS

we Charles Longshore and Philander Edmister being duly sworn

in open court this 8th day of June A.D. 1860, depose & say, that we

were present at the execution of the last will & testament of Oliver

Gnalnaks hereto annexed; that we saw the said testator subscribe

said will, and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time of execu-

ting the same was of full age and of sound mind & memory,

and not under any restraint, and that we signed the same as wit-

nesses at his request and in his presence; and in the presence of

each other

Charles Longshore

Philander Edmister

Sworn to and subscribed before me this 8th day of June A.D. 1860

I Ranney

Probate Judge

August 9th 1860.

Personally appeared in open court Jemima Gnalnaks

widow of said Oliver Gnatnaks & being first informed by the Court

as to her right at law, as well as under said will. did sig

nify her election to take under the will of her said husband

decd in lieu of dower

I Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 63)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 63)

Description

[page 63]

[corresponds to labeled page 34 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Joel B. Turner deceased

Proceedings had before Hon. Isaac Ranney Probate Judge within

and for the County of Delaware and State of Ohio at his office in

the town of Delaware in the 8th day of June A.D. 1860


This day the Last Will and Testament of Joel B. Turner late of the

County of Delaware and State of Ohio deceased was produced in open

court and duly proven by the testimony of Thomas Warner & Elizabeth

Warner the subscribing witnesses thereto (as reduced to writing and filed

with said will) admitted to Probate and ordered to be recorded as follows

In the name of the Benevolent Father of all, I Joel B. Turner of

the County of Delaware and State of Ohio do make and publish this

my last will and testament, that is to say

First it is my will that my funeral expenses and all my just debts

be fuly paid

2nd I give devise and bequeath to my sister Laura A. Turner and

her heirs and assignees forever all the live stock horses cash on hand

together with notes Accounts and obligations & to include all chattel

property in my possession of every description

And lastly I do hereby nominate and appoint M.C. Bean Executor

of this my last will and testament hereby authorizing and empow

ering him to compromise adjust release and discharge in such manner

as he may deem proper the debts & claims due me. I do also authorize

and empower him if it shall become necessary to pay my debts to sell

by private sale or in such manner upon such terms of credit or other

wise as he may think proper all or any part of my property

In testimony whereof I have hereunto set my hand and seal this 7th

day April in the year 1860

J B Turner {Seal}

Signed and acknowledged by said Joel B Turner )

as his last will & testament in our presence and)

signed by us in his presence )

Thomas Warner )

Elizabeth Warner )

The State of Ohio, Delaware County Ss

We Thomas Warner and Elizabeth Warner being duly sworn in open

court this 8th day of June A.D. 1860, depose and say, that we were present

at the execution of the last will and testament of Joel B. Turner hereto

annexed; that we saw the said testator subscribe said will, and heard

him publish and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was of full

age, and of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request and in

his presence, and in the presence of each other

Thomas Warner

Elizabeth Warner

Sworn to and subscribed before me this 8th day of June A.D. 1860

I. Ranney

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 64)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 64)

Description

[page 64]

[corresponds to labeled page 35 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Daniel Nettleton deceased

Proceedings had before Hon Isaac Ranney Probate Judge within

and for the County of Delaware and State of Ohio at his office in

the town of Delaware on the 5th day of July A.D. 1860


This day the last will and Testament of Daniel Nettleton late of

Delaware County, Ohio, deceased was produced in open court and

duly proven by the testimony of Jas C. Ryant & S.F. Hull the subscribing

witnesses thereto (as reduced to writing and filed with said will)

admitted to Probate and ordered to be recorded as follows

In the name of God: Amen

I, Daniel Nettleton of Constantin, Delaware County, Ohio do make

and publish this my last will and testament

Item 1st I give and devise to my daughter Deborah the property on

which I now live being a house, barn & with four acres of land an-

nexed: also one cow, all the feed in the barn, one pig in the pen,

& the household furniture in the house

Item 2nd I devise and bequeath to my daughter Esther P. Hoadley wife

of David S. Hoadley Two Hundred and fifty Dollars out of the per-

sonal property belonging to my estate:

Item 3rd I devise and bequeath to my son Daniel Nettleton Jr

Two hUndred Dollars out of the personal property belonging to my Estate

Item 4th I devise and bequeath to my daughter Orsel R. Fay wife

of Jesse Fay Two Hundred Dollars out of the personal property belonging

to my estate

Item 5th I devise and bequeath to my daughter Rhoda Randel wife

of Shadrach Randel Two Hundred dollars out of the personal property

belonging to my estate

Item 6th I hearby nominate and appoint David S. Headley Executor

of this my last will and testament, hereby authorizing him to com-

promsie adjust, release and discharge in such manner as he may

deem proper, the debts and claims due me: and to pay the debts

against my estate from the property, in the way he may think proper

I do hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand and Seal this

6th day of December 1859

Daniel Nettleton {Seal}

Signed and acknowledged by said Daniel Nettleton

as his last will and testament in our presence and signed

by us in his presence

S.F. Hull

Jas C. Ryant

The State of Ohio, Delaware County Ss

We Jas C. Ryant & S.F. Hull being duly sworn in open court this 5th

day of July A.D. 1860, depose and say that we were present at the execution

of the last will and testament of Daniel Nettleton hereto annexed; that we

saw the said testator subscribe said will, and heard him publish and declare

the same to be his last will and testament, and that the said testator at the time

of executing the same was of full age and of sound mind and memory and not

under any restraint, and that we signed the same as witnesses at his request and in his

presence and in the presence of each other

James C. Ryant S.F. Hull

Sworn to & subscribed before me this 5th day of July A.D. 1860

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 65)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 65)

Description

[page 65]

[corresponds to labeled page 36 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Robert Clark deceased


Proceedings had before Hon. I Ranney Probate Judge within & for the

County of Delaware & State of Ohio at his office in the town of Del-

aware on the 10th day of July A.D. 1860


This day the last will & testament of Robert Clark late of Delaware

County deceased was produced in open court and duly proven by the

testimony of Joseph C. Cole and Azariah Main the subscribing witnesses

thereto (as reduced to writing and filed with said will) admitted

to Probate and ordered to be recorded as follows

I, Robert Clark of the County of Delaware and the State of Ohio do

make and publish this my last will and testament

I do hereby nominate my beloved Son Robert Clark Executor of my last

will and testament hereby authorizing and empowering him to com-

promise adjust release and discharge in such manner as he may deem

proper the debts and claimes due me

Item 1st I do also give my son Robert Clark all my household furni

ture also all the moneys that I have with the exception of Two dollars

which I wish my beloved daughter Nebby Lowes to have

I do also give my son Robert Clark my grey mair also my one horse

wagon

I do hereby revoke all former wills by me made in testament whereof

I have hereunto set my hand and seal this 7th day of February A.D.

1860

his

Robert x Clark Seal

mark

Signed and acknowledged by said )

Robert Clark as his last will and )

testament in our presence and signed )

by us in his presence

Joseph C Cole

Azariah Main

The State of Ohio, Delaware County, Ss

We Joseph C. Cole and Azariah Main, being duly sworn in open court

depose and say, that we were present at the execution of the last

will & Testament of Robert Clark hereto annexed, that we saw the

said testator subscribe said will, and heard him publish and declare

the same to be his last will and testament, and that the said testator

at the time of executing the same was of full age, and of sound

mind and memory and not under any restraint, and that we signed

the same at witnesses at his request and in his presence and in the

presence of each other

Azarish Main

J.C. Cole


Sworn to and subscribed before me this 10th day of July A.D. 1860

I. Ranney Pro Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 66)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 66)

Description

[page 66]

[corresponds to labeled page 37 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Whiting Allen decd


Proceedings had before Hon. Isaac Ranney Probate Judge

within and for the County Delaware and State of Ohio at his of-

fice in the town of Delaware on the 18th day of August A.D. 1860


This day the last will and testament of Whiting Allen decd

late of the County of Delaware & State of Ohio was produced in

open court & duly proven by the testimony of Henton Tallman and

W.H.H. Tallman the subscribing witnesses thereto (as reduced to writing

and filed with said will), admitted to probate & ordered to be recor-

ded as follows: to wit.

Copy of Will

In the name of the Benevolent Father of All, I, Whiting Allen

of the County of Delaware and State of Ohio, being of sound & disposing

mind and memory, do make and publish this my last will and

testament, to wit.

1st I give and bequeath to John Wolfley, my son in law, as trustee, for

the sole & individual use and benefit of my daughter Laura the use of

my house and lot where I now reside, situate on the south side of North St

between Union & Henry St in the town of Delaware O. with all the appurtanances

to the same belonging, during the natural life of the said Laura, and

at her decease the said Real Estate shall immediately revert to my es-

tate to be distributed equally among my children share and share

alike.

2nd I also bequeath unto the said John Wolfley, as trustee as afore-

said the Sum of Five Hundred ($500) dollars, to be paid out of any

unappropriated farms, belonging to my estate, who shall invest the same

to the best advantage for the interest of the said Laura or loan

the same at highest legal rate with good security & shall pay

over the income or interest arising from said investment or loan, to

the said Laura, as her necessities may require, for her individual use

and maintenance & if the said Laura shall at any time need any

part of said principal sum of money or the whole of it then the

said trustee shall pay over to her so much thereof as may be ne-

cessary for her own use and comfort, and upon the decease of the

said Laura, the said sum of Five Hundred dollars, or so much thereof

as may remain, together with the profits or interest arising there from

shall revert to my estate to be distributed among my children equally

share & share alike & in the distribution of the aforesaid Real Estate & the

aforesaid sum of money, the heirs of my sons Silas Dunbar & Warren

Case, both now deceased, shall inherit one equal share the same as

the said Silas Dunbar and Warren Case might do it Living, to be di-

vided amongst thru equally, and if any other of my children shall

decease having heirs, before the decease of the said Laura & the distrib-

ution of said Real Estate & said sum of money as aforesaid, then such

heirs of said children shall inherit the same portion of said Real Estate

& said money so devised as aforesaid, as their respective parent would to

if living --- The aforesaid devise to the said Laura

shall be held for her individual use and maintenance & shall not

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 67)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 67)

Description

[page 67]

[corresponds to labeled page 38 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Whiting Allen decd continued

in use directly or indirectly to the profit or pecuniary advantage in any

way of Stephen Tripp her present husband, nor shall the said Tripp exercise

any acts of ownership over the same, or over the occupancy thereof, or over

the rents, use, interests, or profits in any way arising therefrom or any

part thereof

3rd I bequeath unto the Missionary Society of Methodist Episcopal Church

of the W.S.A. Six hundred dollars in Shares of stock with the interest that

may have accrued on the same at my decease, in the Radnor Plank Road Com-

pany & also enough money to make one thousand dollars in value in all

reckoning said Plank Road stock at not less than par value

4th The remainder of my Real & personal estate not herein otherwise disposed

of after paying my lawful debts funeral expenses & shall be distributed among

my children, except the said Laura herein before provided for, equally share

and share alike to the children of my son Silas Dunbar decd one equal part

to the children of my son Warren Case decd one equal part & to the children of

my other of my children who may be deceased one equal part to be distrib

uted equally among them shares and share alike

I hereby revoke all other wills by me made and appoint my son Jedidiah

and John Wolfley my son in law, executors of this my last will and testament

In witness whereof I have hereunto set my hand & Seal this 19th day of

April, A.D. 1860

Whiting Allen

The forgoing writing was subscribed by the said Whiting Allen in our presence

& by him acknowledged to us and declared to be his last will and testament & witness

by us in his presence & at his request

Attest (Henton Tallman

(W.H.H. Tallman


The State of Ohio, Delaware County Ss

We Henton Tallman and W.H.H. Tallman being duly sworn in open

court this 18th day of August A.D. 1860, depose and say, that we were

present at the execution of the last will and testament of Whiting Allen

hereto annexed; that we saw the said testator subscribe said will, and

heard him publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same was of full age

and that the said testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint, and that

we signed the same as witnesses at his request and in his presence, and in

the presence of each other

Henton Tallman

W.H.H Tallman

Sworn to and subscribed before me this 18th day of August A.D. 1860

I Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 68)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 68)

Description

[page 68]

[corresponds to labeled page 39 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of William Webster decd


Proceedings had before Hon Isaac Ranney Probate Judge with

in and for the County of Delaware and State of Ohio at his office

in the town of Delaware on the 23rd day of August A.D. 1860


This day the last will and testament of William Webster late of said County

of Delaware deceased was produced in open court & duly proven by

the testimony of W.T. Watson and Martha C. Watson the subscribing witnesses

thereto (as reduced to writing and filed with said will) admitted to

Probate and ordered to be recorded as follows. to wit.

Copy of Will

In the name of the Benevolent Father of All, I William Webster of the

County of Delaware, Ohio, do make and publish this my last will and

testament

1st I give, will & bequeath to my son Frebourn Webster and his heirs

the sum of One Dollar he having had a share heretofore

2nd I give, will and bequeath to my son Mosher Webster and his heirs the

sum of Twenty five Dollars

3rd I give, will and bequeath to the heirs of my daughter Hannah Hart decd

the sum of Twenty five Dollars

4th I give, will and bequeath to my son Joseph P. Webster & his heirs Ten

acres of land off the north end of the lot of land he now lives on

5th I give will and bequeath to my daughter Sarah Rutherford & her heirs

the sum of five Dollars

6th I give will and bequeath to my daughter Adaline E. Webster & her heirs the

sum of Thirty five Dollars

7th I give will and bequeath to my son William H Webster all the residue

of my property to the Real & personal after my just debts and bequests shall

have been paid

8th I hereby nominate and appoint William H. Webster, executor of this my

last will & testament, hereby authorizing & empowering him to compromise,

adjust, release and discharge in such manner as he may deem proper the

debts and claims due me. I also authorize and empower him if it shall

become necessary in order to pay my debts and bequest to sell by private

sale or in such manner, upon such terms of audit or otherwise, as he may

think proper all or any part of my Real or personal estate, and further to

execute, acknowledge and deliver deeds in fee simple

9th I desire that no appraisment and no sale of my personal property be made

and that the Court of Probate direct the omission of the same in pursuance of the Statute

I do hereby revoke all former wills by me made. In testimony hereof I have hereunto

set my hand and Seal this 22nd day of March in the year 1860

Signed and acknowledged by said William Webster as

William Webster {Seal}

last will and testament in our presence; and signed by

us in his presence and at his request.

W.T. Watson

Martha C. Watson

The State of Ohio, Delaware County Ss

We Walter T. Watson and Martha C. Watson being duly sworn
^this 23rd day of August A.D. 1860 in open Court, depose and say, that we were

present at the execution of the last will and testament of Wm Webster hereto
annexed; that we saw

the said testator subscribe said will, and heard him publish
and declare the same to be his will and

testament, and that said testator, at the time of executing the same
was of full age and of sound mind and

memory, and not under any restraint, and that we signed
the said as witnesses at his request & in his presence

and in the presence of each other. W.T. Watson, Martha C. Watson

Sworn to and subscribed before me this 23rd day of August A.D. 1860
I. Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 69)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 69)

Description

[page 69]

[corresponds to labeled page 40 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Mary Ann Kepler decd


Proceedings had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 11th day of October A.D. 1860


Be it remembered that on the 11th day of october A.D. 1860 an

authenticated copy of the last will and testament of Mary Ann

Kepler decd late of Wyandot Co. O. was produced in open court

and it appearing to the satisfaction of the Court that the said will

had been proved in said County of Wyandot & State of Ohio and that

said will has relation to property within the said county of Delaware

It is ordered by the Court that the said authenticated copy there

be recorded in the record of wills for said county of Delaware


Copy of authenticated copy of will

Dec 20th A.D. 1859

Be it remembered that on the 20th day of Dec A.D. 1859

the last will and testament of Mary Ann Kepler decd late of Wyandot

County Ohio, was produced in open court for Probate and thereupon came

Ezra Phelps and Ransom Bennett the subscribing witnesses to said will

who were duly sworn and examined teaching the execution and acknowledge

ment of said will which examination was reduced to writing and signed

by said witnesses; and is appearing to the satisfaction of Court, That

said testator at the time of executing said will was of full age, of sound

mind and memory and under no restraint it was ordered that said

will be admitted to Probate, and that the same together with testimony

of the same together with the testimony of the said witnesses be recorded

And be it also remembered that said will and testimony, is in the words

and figures following, to wit,

Will

In the name of the Benevolent Father of All, I Mary Ann Kepler of

Wyandot County O. publish this my last will and testament

Item 1st I give and devise out of my share of the farm lying in Radnor Tp

Delaware County to my beloved brother Samuel Kepler One Hundred dollars, and

to my beloved Sister Rachel Kepler One Hundred dollars and to my

beloved sister Susanna who is intermarried with David Case all

the remainder of the same

Item 2nd I give and devise to my step Father David Cole, after

he pays my debts and funeral expenses, the remainder of thirty four

dollars which he owes me, and my cow

I hereby revoke all former wills by me made

In testimony when of I have hereunto set my hand and seal this 29th

day of August in the year 1859

her

Mary Ann x Kepler

mark

Signed and acknowledged by said )

Mary Ann Kepler as her last will and )

testament in our presence and signed )

by us in her presence Ezra Phelps )

Ransom Bennett )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 70)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 70)

Description

[page 70]

[corresponds to labeled page 41 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Mary Ann Kepler decd cont

And be it also remembered that the testimony of said subscribing

witnesses to said will is in the words and figures following to wit.

The State of Ohio )

Wyandot County ) Ss

Ezra Phelps and Ranson Bennett being duly

sworn in open court this 20th day of December A.D. 1859 depose and say

that we were present at the execution of the last will and testament of

Mary Ann Kepler late of Wyandot County Ohio deceased, that they saw,

said testator signed said last will and testament and heard her declare the

same to be to be her last will and testament, that at the time she was of sound

mind and memory and under no restraint and that they signed the same

as witnesses thereto at her request and in her presence.

Ezra Phelps

Ransom Bennett

Sworn to and subscribed before me )

this 20th of December A.D. 1859 )

M.H. Kirby Probate Judge )


Last Will and Testament of Timothy Andrus decd

Proceedings had before Hon Isaac Ranney Probate

Judge within & for the county of Delaware and

State of Ohio, at his office in the Town of Delaware

on the 14th day of November 1860,

Be it remembered that on the 14th day of November

A.D. 1860 the last Will and Testament of Timothy

Andrus decd late of Delaware County Ohio, was

produced in open Court for Probate and there

upon came Samuel Davidson and Vance

Davidson the subscribing witnesses to said Will

who were duly sworn and examined touch-

ing the execution & acknowledgement of said Will

which examiniation was reduced to writing and

signed by said witnesses. and it appearing to

the satisfaction of the Court that said testator

at the time of executing said will was of full

age of sound mind and memory and under

no restraint it was ordered that said will

be admitted to Probate and that the same

together with the testimony of the said witnesses

be recorded as follows.

Copy of Will

In the name of the Benevolent Father of All

I Timothy Andrus of Berlin Township Delaware

County State of Ohio do make and publish

see page 44

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 71)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 71)

Description

[page 71]

[corresponds to labeled page 42 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Benjamin High deceased


Proceedings had before Hon Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 27th day of October A.D. 1860


This day the last will and testament of Benj'm High of the town,

County of Delaware late deceased was produced in open court and

duly proven by the testimony of Jacob Terry & R B Smith the sub-

scribing witnesses thereto (as reduced to writing & filed with said

will admitted to probate and ordered to be recorded as follows

Copy of Will

In the name of the Benevolent Father of All - I Benjamin High

of the town & Township of Delaware in the County of Delaware and

State of Ohio, do make and publish this my Last Will & Testament

Item 1st I give and devise unto my sister Lydia Cowgill the use

of Fifteen hundred Dollars during her natural life and at her death

the same to be divided into three equal parts: the four youngest child-

ren of my brother William High to have one part and John High

& Elizabeth Jamison each one part

Item 2nd The Balance of my property, after paying all my debts, funeral

expenses & costs of administration I desire to be divided into four equal

parts: the four youngest children of my brother William High to have

one share & my brother John High & my sisters Elizabeth Jamison &

Lydia Cowgill each to have one share

Item 3rd I give and devise all my household goods & furniture to my

sister Lydia Cowgill and desire my executor to pay her house rent this

year

Item 4th I give and devise to Reuben High my gold watch & chain

Item 5th I give and devise to John High my chest of carpenter and

millwright tools

Item 6th I do hereby nominate and appoint George A Jackson Executor of

this my last will and testament, hereby authorizing & empowering him to

compromise, adjust, release & discharge in such manner as to him

may seem proper the debts & claims due me. And I desire that my

executor, as soon as may be after he has given bonds as such

proceed to convert all my notes & my interest in the steam Grist mill

at Crestline Ohio & all other property not already bequeathed, into mon

ey as soon as he can do so without sacrificing the same; I do also

authorize & empower him to sell by private sale, or in such manner,

upon such terms of credit or otherwise as he may think best and

my property, not especially bequeathed including my interest in said

mill & deeds to purchased to execute acknowledge & deliver in fee

simple

Item 7th I desire that as soon as my executor shall have set

tled up my estate that my brother John High then give bonds

as trustee for the purpose of carrying out the provisions of this

will and I do hereby nominate and appoint him Trustee for

that Purpose and should he die or from any other cause become

disqualified for carrying out said trust I desire that the Probate

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 72)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 72)

Description

[page 72]

[corresponds to labeled page 43 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Benjamin High decd cont


court appoint some suitable person to complete said trust

and I desire that the said Court allow to said Trustee such allow-

ance as may be thought reasonable & just to compensate said Trustee

for his services as such: I desire that said Trustee loan or invest

in some safe way the amount bequeathed to my sister Lydia Cowgill

during her life & to pay to her annually the interest of the same. And

I desire also that he invest for the use and benefit of the four youngest

children of my brother William High the amount bequeathed to

them, whatever it may be until they became of age, thus to give

them the control of the same


I desire that no appraisment and no sale of my personal

property be made and that the Court of Probate direct the o-

mission of the same in pursuance of the statute

In testimony hereof, I have hereunto set my hand & seal

this 26th day of September A.D. 1860

Benjamin High {Seal}

Signed sealed & acknowledged by

said Benjamin High as his last will

and testament in our presence and

signed by us in his presence & as his re

quest & in the presence of each other

Jacob Terry

RB Smith

Whereas I Benjamin High on the 26th day of September A.D. 1860 made

my last will & Testament of that day do hereby declare the following to

be a codicil to the same

If my said sister Lydia Cowgil shall make any charge against my

estate for her services in taking care of me said amount she charges whatever

it may be shall be deducted from said Fifteen hundred Dollars, the use of

which I have heretofore bequeathed her in witness whereof I have hereunto set

my hand & seal this 29th day of September A.D. 1860

Benjamin High {Seal}

Signed Sealed & acknowledged by said Benjamin High as a codicil to

his last will & testament in our presence & signed by as at his request & in his

presence & in the presence of each other

Jacob Terry

R B Smith

The State of Ohio, Delaware County, Ss.

We Jacob Terry and RB Smith being duly sworn in open court this 27th day

of October A.D. 1860 despose and say that we were present at the

execution of the last will & testament of Benjm High hereto annexed;

that we saw the said testator subscribe said will and codicil and

heard him publish and declare the same to his last will and testament,

and that said testator at the time of executing the same was of full

age, and, of sound mind and memory and not under any restraint,

that we signed the same as witnesses at his request and in his presence

and in the presence of each other Jacob Terry RB Smith

Sworn to and subscribed before me this 27th day of Oct A.D. 1860

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 73)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 73)

Description

[page 73]

[corresponds to labeled page 44 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Timothy Andrus decd

continued from page 41

This my last Will and Testament

Item 1st I give and devise to my two sons David

Andrus & Orin B Andrus One Hundred Dollars

each then the balance of my property to be divi

ded equally between all my children now living

to with Daniel Andrus Orin B. Andrus Mercy

Ridgway, Harriet Stone, Elvira Wultz Lucinda

Zanes Laura Ethington

Item 2 I do hereby nominate & appoint my

two sons David Andrus & Orin B Andrus executors

of this my last Will and Testament hereby author

izing & empowering them to compromise adjust

release and discharge in such manner as they

may deem proper, the debts and claims due

me and to pay funeral expenses and all my

just debts.

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand

and seal this 23rd day of July in the year 1859

Timothy Andrus [Seal]

Signed and acknowledged by said Timothy

Andrus as his last will and Testament in

our presence and signed by us in his presence

Samuel Davidson

Nancy Davidson

The State of Ohio, Delaware County ss

We Samuel Davidson & Nancy Davidson being duly

sworn in open court this 14th day of Novemeber AD

1860 depose & say that we were present at the ex

ecution of the last will & Testament of Timothy

Andrus hereto annexed that we saw the said

testator subscribe said will and heard him pub

lish & declare the same to be his last Will and

Testament and that the said testator at the time

of executing the same was of full age & of sound

mind and memory and not under any restraint

and that we signed the same as Witnesses at his

request and in his presence and in the presence of

each other

Samuel Davidson

Nancy Davidson

Sworn to and subscribed before me this 14th day

November AD 1860

I Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 74)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 74)

Description

[page 74]

[corresponds to page labeled 45 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Samuel Leonard dec'd

Proceedings had before Hon Isaac Ranney Probate

Judge within & for the County of Delaware and

State of Ohio, at his office in the town of Delaware

on the 19th day of December 1860

Be it remembered that on the 19th day of Dec'r

AD 1860 the last will & testament of Samuel

Leonard dec'd late of Delaware County Ohio

was produced in open Court for Probate &

thereupon came Wm Roberts & George Roberts the

subscribing witnesses to said will who were

duly sworn & examined touching the execu

tion of & acknowledged said will which examination was

reduced to writing & signed by said wit

nesses and it appearing to the satisfaction

of the Court that said testator at the time

of executing said will was of full age &

of sound mind and memory and under

no restraint it was ordered that the said

will and testimony be recorded as follows

Copy of Will

In the name of my being in Heavenly Father

I Samuel Leonard being in feeble health but

of sound do make & publish this my

last will and testament viz

Item 1st It is my will and request that

all just debts against my estate be fully

paid and that my executor cause a suit

able tombstone to be erected over my grave

Item 2d I give and bequeath unto my beloved

wife Nancy Leonard the use of all my

real estate and the household furniture

during her natural life. this to be in lieu

of her dower the furniture to be hers to dis-

pose of absolutely.

Item 3d I give and bequeath to each of my

three daughters Jane Mary Jo & Eliza Leonard

forty dollars each to be paid out of the first

monies rec'd by my executor after all legal

demands against my estate are fully paid

to be paid in the following order, Elizas first

and then each other daughter above named

equal. this to be a special bequest.

Item 4th After the decease of my said wife my real

Estate to be equally divided among all my children

and if any shall have died and left a sur

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 75)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 75)

Description

[page 75]

[corresponds to labeled page 46 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Samuel Leonard dec'd

viving child or children such to inherit its parents

portion. And in case it shall become necessary to,

sell the real estate in order to make an equitable

division among my children I hereby authorize

and empower my executor to sell and convey

by a good & sufficient deed all of said real

estate on the most advantageous terms whether

at public or private sale and for pay down or

on a credit of not more than four years

with mortgage security and in payment no

preference to be given to the one heirs more than

another. In case that there should not be

monies enough in the hands of my executor

to pay to all equal their special bequests then

real Estate and after that to share equal.

Item 5th I hereby appoint my son Almon Leonard

executor of this my last will & testament and do

revoke all others made by me. In testimony whereof

I have hereunto set my hand and seal this

19th day of May AD 1860

Samuel Leonard [Seal]

Signed sealed and acknowledged in presence of

us and we witnessed the same at the request of

said Samuel Leonard

Wm Roberts

George Roberts

The State of Ohio

Delaware County ss


We William Roberts and George Roberts being duly sworn

in open Court, this 19th day of Decemeber AD 1860 depose

and say that we were present at the execution of the

last will and testament of Samuel Leonard hereto

annexed and that we saw the said testator subscribe

said will and heard him publish and declare the

same to be his last will and testament and that

the said testator at the time of executing the same

was full age and of sound mind and memory and

not under any restraint and that we signed the

same as witnesses at this request and in his

presence & in the presence of each others

Wm Roberts

George Roberts

Sworn to and subscribed before me this 19th

day of Decmeber AD 1860

I Ranney

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 76)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 76)

Description

[page 76]

[corresponds to labeled page 47 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Sarah Martin dec'd

Proceedings had before Hon Isaac Ranney

Probate Judge within and for the County of Delaware

and State of Ohio at his office in the town of

Delaware on the 21st day of Decemeber 1860

Be it remembered that on the 21st day of

December AD 1860 the last will and testament

of Sarah Martin dec'd late of Delaware County

Ohio was produced in open Court for Probate

Judge & thereupon came Sarah A Rawn WW

Willis & WP Reid the subscribing witnesses to

said Will who were duly sworn and

examined touching the execution and acknowled

gement of said will which examination was

reduced to writing and signed by said

witnesses and it appearing to the satisfacti=

tion of the Court that said testatrix at

the time of the executing said will was of full

age and of sound mind and memory

and under no restraint, it was ordered that

the said will and testimony be recorded as

follows

Copy of Will

In the name of the Benevolent Father of all

I Sarah Martin of the Town and County of

Delaware Ohio do make and publish this my

last will and testament as follows

First I devise that all my just debts be

paid out of my estate

Secondly I devise and bequeath to my beloved

son William H Martin and to his heirs and

assigns all my property of every name and

nature real personal & mixed or either and

all including my real estate in the town of

Delaware Ohio now occupied by me as a

homestead by me recently purchased of the firm

of Frost and Willis of said town. Also the house

and lot now owned by me in Warrenton

Village in the County of Jefferson Ohio, also all

my household Goods funtiture of every name and

nature wheresoever situated which I now in

my name own or what I may hereafter

acquire before my decease or in any manner

be entitled to.

Thirdly I hereby nominate and appoint my

son William H Martin Executor of this my

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 77)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 77)

Description

[page 77]

[corresponds to labeled page 48 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Sarah Martin dec'd

last will and testament.

Fourthly I revoke all former Wills by me

made

In testimony whereof I have hereunto set

my hand and seal this 29th day of November

AD 1860

Sarah Martin [Seal]

Signed sealed and acknowledged by said

Sarah Martin to be her last will and Tes-

tament in our presence and signed by us

at her request in her presence this 29th day

of November AD 1860

W W Willis

Sarah A. Rawn

W P Reid

The State of Ohio Delaware County ss

We W P Reid W W Willis and Mrs Sarah A

Rawn being duly sworn in open Court this

21st day of December AD 1860 depose and

say that we were present at the execution

of the last will and testament of Sarah

Martin hereto annexed. That we saw the

said testatrix subscribe said will and

heard her publish and declare the same

to be her last will and testament and that

the said testatrix at the time of executing

the same was full age and of sound

mind and memory and not under any

restraint and that we signed the same as

witnesses at her request and in her presence

and in the presence of each other.

Sarah A Rawn

W W Willis

W P Reid

Sworn to and subscribed before me this 21st

day of Decmeber AD 1860

I Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 78)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 78)

Description

[page 78]

[corresponds to labeled page 49 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thos W McCoy decd

Proceedings had before Hon Isaac Ranney Probate

Judge within and for the County of Delaware

and State of Ohio at his office in the town of

Delaware on the 22d day of December AD 1860

Be it remembered that on the 22d day of Decem-

ber AD 1860 the last will and testament of Thos

W McCoy dec'd late of Delaware County Ohio

was produced in open Court for Probate and

thereupon came J. A Wasson and N S Cunning=

ham the subscribing witnesses to said will who

were duly sworn and examined touching

the execution and acknowledgement of said

Will which examination was reduced to writing

and signed by said witnesses and it appear

ing to the satisfaction of the Court that said

testator at the time of executing said Will was

of full age and of sound mind and mem=

ory and under no restraint, it was ordered

that the said will and testimony be recorded

as follows

Copy of Will

In the name of the Benevolent Father of all

I Thos W McCoy of the town of Delaware Delaware

County State of Ohio Do make and publish this

my last will and testament.

I give to my sister Elizabeth D McCoy my real

Estate known as the Cline Mill property situated

in Marlborough Township described as follows

in Town six Range 19 section one formerly owned

by Henry Cline Jr. I also will to my said

sister Elizabeth D McCoy one third of my personal

effects after all legal debts are paid by my

executor or adminstrator according to law

I also will to my Brother James McCoy Eighty

acres of land situated in the County of Knox

and State of Indiana given to satisfy a claim

between Miles and Doty against Corvan Dye

and Price at a settlement made at a term

of the Common Pleas Court of Champaign County

Ohio by the said parties Miles and Doty

I also will to my neice Elizabeth Anderson

twenty Dollars to be paid of my effects Real

and personal after all legal are paid

I do hereby appoint James McCoy Executor of

this my last Will and testament I do

authorize and empower him to convey in

fee simple all my Estate

In testimony whereof I have hereunto set

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 79)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 79)

Description

[page 79]

[corresponds to labeled page 50 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thos W McCoy decd

my hand and seal this 3d day of December

AD 1860

Thos W McCoy [Seal]

Signed and acknowledged by said Thos W McCoy

as his last will and testament in our presence

and signed by us in his presence

Joseph A Wasson [Seal]

NS Cunningham [Seal]

The State of Ohio Delaware County ss

We Joseph A Wasson and Miss NS Cunningham

being duly sworn in open court this 22d day of

December AD 1860 depose and say that we

were present at the execution of the last will

and Testament of Thos W McCoy hereto annexed

that we saw the said testator subscribe said

Will and heard him publish and declare

the same to be his last will and testamony

and that the said testator at the time of execution

the same was of full age and of sound mind

and memory and not under any restraint

and that we signed the same as witnesses at

his request and in his presence and in the pres

ence of each other.

JA Wasson

NS Cunningham

Sworn to and subscribed before me this 22d day

of Decemeber AD 1860

I Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 80)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 80)

Description

[page 80]

[corresponds to labeled page 51 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James Slawson decd

Proceedings had before Hon I Ranney Probate

Judge within & for the County of Delaware and State

of Ohio at his office in the Town of Delaware

on the 29th day of January 1861

This day the last Will & Testament of James Slawson decd

late of Delaware County Ohio was produced in open

Court and duly proven by the testimony of Alfred

Slawson and Orville Slawson the subscribing

witnesses thereto who were duly sworn and exam=

ined touching the execution & acknowledgment of

said will which examination was reduced to

writing and signed by said witnesses and it

appearing to the satisfaction of the court that

said testator at the time of executing the same

was of full age and of sound mind and

memory and under no restraint it was

ordered that the said Will and testimony be

recorded as follows

Copy of Will

In the name of the benevolent Father of all

I James Slawson of the County of Delaware &

State of Ohio do make & constitute this my last Will

and Testament.

Item 1st I give & devise unto my beloved

wife all that is allowed by law and appoint

her guardian of my two daughters

Item 2 I do hereby nominate & appoint my

esteemed friend Sabeers Main executor of

this my last will & testament hereby author

izing & empowering him to compromise adjust

release & discharge in such manner as he

may deem proper the debts due now. I

do also authorize him to make sale of my

goods and chattels at public sale and dis=

charge the debts and settle up the estate

according to law

In testimony whereof I have

hereunto set my hand and seal this seventeenth

day of January AD 1861

Signed sealed and delivered in the by the said

James Slawson as his last will and testament

revoking all other wills by me made in presence

of us and signed by us in his presence

and in the p- of us

Alfred Slawson James Slawson

Orville Slawson
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 81)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 81)

Description

[page 81]

[corresponds to labeled page 52 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James Slawson decd

The State of Ohio Delaware Co ss

We Alfred Slawson and Orville Slawson being duly

sworn in open Court this 29th day of January

AD 1861 depose and say that we were

present at the execution of the last will &

testament of James Slawson hereto annexed

that we saw the said testator subscribe said

will and heard him publish and declare

the same to be his last will and testament

and that the said testator at the time of ex

ecuting the same was of full age and of sound

mind and memory and not under any

restraint and that we signed the same as

witnesses at his request and in his presence

and in the presence of each other

Orvill Slawson

Alfred Slawson

Sworn to and subscribed before me this 29th

day of January AD 1861

I Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 82)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 82)

Description

[page 82]

[corresponds to labeled page 53 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thomas Davis decd

Proceedings had before Hon I Ranney Probate

Judge within and for the County of Delaware

and State of Ohio at his office in the town

of Delaware on the 16th day of January 1861

This day the last will and testament of Thomas

Davis dec'd late of Delaware County Ohio was

produced in open court and duly proven

by the testimony of T W Powell and J D

Van Deman the subscribing witnesses thereto

who were duly sworn and examined touch=

ing the execution and acknowledgement of

said will which examination was reduced

to writing and signed by said witnesses

and it appearing to the ^satisfaction of the court that said testator at

the time of executing the same was of full

age and of sound mind and memory and

not under any restraint it was ordered

that the said will and testimony be

recorded as follows

Copy of Will

The last will and testament of Thomas Davis

of Delaware Delaware County Ohio

1 I desire that all my just debts and

funeral charges shall be paid

2 I give and bequeath unto my son Thomas

Davis all my personal property of every

description

3 I give and devise all my real estate

to my said son Thomas Davis during his nat=

ural life and at his death to his legitimate

children in fee simple - on the express condition

and trust however that my said son shall pay

or cause to be paid to my daughter Phebe

the sum of two dollars at the end of each

and every month from the day of my

decease during her natural life (which

sum of two dollars per month I will and

bequeath to her) and I hereby expressly will

and declare that all my real estate shall

be and remain subject to and charged

with the prompt and faithful payment

to my said daughter Phebe during her

natural life as aforesaid

4 I nominate and appoint my said son

Thomas Davis Executor of this my last

will and testament Hereby revoking all
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 83)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 83)

Description

[page 83]

[corresponds to labeled page 54 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thomas Davis

former wills by me ever made, declaring

this to be my last will and testament

Witness my hand and seal this 30th day of January

AD 1857

Thomas Davis [Seal]

Signed by the said Thomas Davis in our

presence who in our presence declared the

above and foregoing to be his last will and

testament and requested us to subscribe the

same as witnesses thereto which we at the

time last above written did in his presence

and in the presence of each other (The words

"my said son Thomas" interlined in 4 set be

fore execution

John D Van Deman

TW Powell

The State of Ohio Delaware County ss

We T W Powell and J D Van Deman being

duly sworn in open Court this 16th day of

January AD 1861 depose and say that we

were present at the execution of the last will

and testament of Thomas Davis hereto annexed

that we saw the said testator subscribe said

will and heard him publish and declare

the same to be his last will and testament

and that the said testator at the time of ex

ecuting the same was of full age and of

sound mind and memory and not under

any restraint and that we signed the same

as witnesses at his request and in his presence

and in the presence of each other

T W Powell

J D Van Deman

Sworn to and subscribed before me this

16th day of January AD 1861

I Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 84)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 84)

Description

[page 84]

[corresponds to labeled page 55 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Joshua W. Pierce decd

Proceedings had before Hon. Isaac Ranney Probate

Judge within and for the county of Delaware in

State of Ohio at his office in the town of Delaware on

the 20th day of February AD 1861

This day the last will and testament of Joshua W.

Pierce decd late of Genoa Tp in Delaware County of State

of Ohio was produced in open court and duly proven

by the testimony of Charles Freeman and Nate Mills

the subscribing witnesses thereto (as reduced to writing

and filed with said will) admitted to probate and

ordered to be recorded as follows

Last will and testament, hereby authorizing and empowering him to com

promise, adjust, was and discharge in such manner as he may deem

proper, the debts claims do me. I do also authorize & empower him, if

it shall become necessary in which pay my debts, to sell, by private sale,

or in such manner, upon such home of credit or otherwise, as he may

think proper, all, in any part of my nal state, and deeds to purchase

and execute, acknowledge and deliver, in fee simple. I do such

work all former wills by me made. In testimony whereof.

I have here such set my hand and seal the 19th day of Jan in

the year 1861 Joshe W. Pierce

Signed and acknowledged by said J. W. Pierce

as his last will and testament, in our presence

& signed by us in his presence

Charles Foreman

Nate Wells

The Stae of Ohio. Delaware County St

He Charles Forman and Nate Wells bring duly sworn in open

court this 20th day of February A.D.1861. depose and say, that we

men for sent at the execution of the last will and testament of J W Pierce

point annexed, that we saw the said testator subscribe said will and

found him publish and declair the same to be his last will and testament

and that said testator at the time of executing the said was of full age

and of souned mind and memory, and not understand restraint, and that

was segnied the same as mistaken at his request and in his presence and

in the presence of each other Charles Foreman


Nate Wells

Come to and subscribed before me this 20th day of February AD 1861


J. Ramsey

February 20th 1862. this day Mrs Martha Pierce approved & made his do

time to take under the will of his . husband in him of


J. Ramsey


Day 2
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 85)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 85)

Description

[page 85]

[corresponds to labeled page 55 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Joshua W. Pierce decd

In the name of the Benevolent Father of all, I Joshua W. Pierce,

of Genoa T.P. Delaware Co Ohio, do make and publish this my last will

and testament. Item 1st I give and devise to my beloved wife in lieu

of her dower the use and control of the farm in which we now reside

situate in Genoa Delaware County Ohio containing about fifty acres

during her natural life or as long as she remains my widow, she keeping

the said farm in good repair and all the stock, household goods, furniture

provisions & other goods and chattels which be thereon at time of my de-

cease during her natural life, or as long as she remains my widow; as

aforesaid, the executor however selling so much therof as may be suf-

ficient to pay my just debts. At the death of my said wife or at her

marriage the real estate aforesaid and such part of the said personal prop.

erty or the proceeds thereof as may remain in and named and unexpended

I give and devise equally to my lawful heirs and their heirs

Item 2nd I do nominate and appoint George W. Mills executor of this my

last will and testament, hereby authorizing and empowering him to com-

promise, adjust, release and discharge in such manner as he may deem

proper, the debts claims due me. I do also authorize & empower him, if,

it shall become necessary , in order to pay my debts, to sell, by private sale,

or in such manner, upon such terms of credit, or otherwise, as he may

think proper, all or any part of my real estate, and deeds to purcha-

sers to execute, acknowledge and deliver, in fee simple, I do, hereby

revoke all former wills by me made, in testimony whereof,

I have unto set my hand and seal this 19th day of Jan, in

the year 1861 Joshua W. Pierce {seal}

Signed and acknowledged by said J W Pierce

as his last will and testament,in our presence

& signed by us in his presence

Charles Freeman

Nate Mills

The State of Ohio, Delaware County Ss

We Charles Freeman and Nate Mills being duly sworn in open

court this 20th day of February A.D. 1861, depose and say, that we

were present at the execution of the last will and testament of J. W. Pierce

hereto annexed; that we saw the said testator subscribe said will and

heard him, publish and declare the same to be his last will and testament

and that said testator at the time of executing the same was of full age,

and of sound mind and memory, and not under any restraint, and that

we signed the will as witnesses at his request and in his presence, and

in the presence of each other Charles Freeman

Nate Mills

Sworn to and subscibed before me this 20th day of Febraury A.D. 1861

I. Ranney P Judge.

Febraury 20th 1862 this day Mrs. Martha Pierce appeared & made her ele

ction to take under the will of her decd husband in lieu of dower

I. Ranney

Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 86)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 86)

Description

[page 86]

[corresponds to labeled page 56 of Will Records Vol. 4 - 1859-1869]


Last will and Testament of Robert McCoy Cellar decd


Proceedings had before Hon Issac Ranney Probate Judge within

and for the county of Delaware and state of Ohio at his office in

the town of Delaware on the 8th day of March A.D. 1861


This day the last will and testament of Robert McCoy Cellar

was produced in open court and duly proven by the testimony

of John T. Colflesh and Soloman Hardin the subscribing witnesses thereto

(as reduced to writing and filed with said will) admitted to Probate

and ordered to be recorded as follows, to wit.

Copy of Will

In the name of the Benevolent Father of all, Amen,

Robert McCoy Cellar of Liberty Township in Delaware County, Ohio

being of sound, mind and memory but mindful of my advanced

age and approaching dissolution; and being desirous of making

a fiscal disposition of all my worldly property, do therefore make

and publish this my last will and testament, as follows, that is

to say

First, It is my will and desire that all my just debts and fu-

neral expenses as well as the expenses of settling the administration

of my estate be first paid out of my personal property by my ex-

ecutor herein after named.

Second, I will, give and bequeath to be paid out of my personal es-

tate as follows to wit: to my brother John F. Cellar or in case of his death

then to be paid to his estate the sum of forty dollars.

To my brother George Cellar in the like manner the sum of forty dollars,

To my brother James Cellar in the like manner the sum of forty dollars,

To the children of my deceased brother Thomas Cellar the sum of forty dollars

To the children of my deceased brother Joseph Cellar the sum of forty dollars

And should there be more of my personal property than enough

to pay these legacies the residue I give to the corporation of the

First Presbyterian Church in Liberty Township in trust to be invested

safely at interest, and the income thereof to be applied by the trustees

of the corporation to religious and benevolent purposes such as they

may deem to be the object of my desire, and also to assist in repairing

or rebuilding their church; and in case there should not be enough to

pay the said forty dollars each, then each are to receive in proportion

to what the personal property will pay after ^the debts & expenses are

paid, But the income arising from the surplus of the personal property as

aforesaid I wish the said trustees to expend in the repairs & rebuilding of said

church and such other religious & benevolent institutions as they may deem

would be my choice were I then living

Third, my real property, consisting of a tract of 296 acres and

37 poles of land being a part of Lots 14 and 15 in Section 1 Township 3

and Range 19 in said Liberty Township as surveyed for me by

James Eaton May 26th and 27th 1859 and known as my farm, I wish

to will and dispose of as follows: -- I give and devise the said

tract of land in fee to the trustee of the first Presbyterian church

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 87)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 87)

Description

[page 87]

[corresponds to labeled page 57 of Will Records Vol. 4 - 1859-1869]


Last will and testament of Robert McCoy Cellar decd cont.


of Liberty Township in the said county Incorporated in the year 1842

and their successors as such corporation forever in trust and for the

use and purposes following that is to say; that the said land shall be

by the said devisees as trustees as aforesaid leased out and devised in

such lots and upon such terms as they may agree and deem best

not exceeding the term of twenty one years at any one time and

upon such terms of rent and inprovements as they may best have

in return therefore giving preference to such tennants as would be assistants

and aid to said church and out of such rent there shall be paid

first; all taxes and expenses incident thereto; next to pay all necessary

repairs and improvements on the said land not made by the tenant or ten-

ants thereon. There shall be next paid out of the s'd rent and income

of the said land, annually the sum of twenty five dollars to the

Trustees of the Presbyterian Church in Liberty situated near the said

land, for the purpose of supporting the minister settled and officiating

in the said church, towards the payments of his annual salary

There shall be next paid a fair proportion of expenses that the congrega-

tion of the said church shall be at either in rebuilding the said church

or keeping the same in repair or in the repair and improvement of

the premises of the said church and burying ground; such fair propor-

tion as shall be as ascertained, by the average amount paid per acre by the

communicants attending the said church in porportion to the land own-

ed by them; the same proportion per acre shall be paid as aforesaid out

of said rents. And it is my will that out of any accumulation of

such rents of the said land these be paid the sum of fifty dollars (but only

once to be paid) to the College about to be established at Springfield,

Ohio; or elsewhere by the Presbyterian church to be paid where said Col-

lege is put into opperation, And it is further my will, that after paying

the taxes, necessary expenses, and the bequeaths above made in the order

above stated, there be next paid the residue of such rents and income of

said land to the trustees of the board of Education of the Prebyterian Church

O.S. in the United States of America, for the purpose of educating young

men for the ministry

And it is further my will that all the charges and necessary

expenses in attending to and taking care of the said land shall

be subject to the supervision and allowance of the Elders, officiating,

of the said Presbyterian Church in Liberty.

Lastly, I hereby constitute and appoint John Cellar, son of my

brother Thomas and Robert McCoy Cellar, son of George Cellar execu-

tors of this my last will and testament

And I now declare my will and desire to be that the said land

hereby devised, should never be sold, but retained for the benefit of

the trusts and uses aforesaid. But in case my will and devise herein

made should ever be, by any means, defeated; then and in that case

it is still my will and devise that the said 296 acres of land should

be and remain forever charged and incumbered with the payment

of all the bequests I leave herein made for the benefit of the said Presby-
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 88)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 88)

Description

[page 88]

[Corresponds to labeled page 58 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Robt McCoy Cellar decd cont.


terian Church in Liberty, to wit, the payment annually of the

sum of twenty five dollars for the support of the minister, and the

payment of a fair proportion as aforesaid of all improvements made

on the said church premises and burying ground.

In testimony whereof I have hereto set my hand & Seal this first

day of February A.D. 1860

Robert McCoy Cellar {Seal}



Signed, sealed & declare to be

the last will and testament of Robert M. Cellar

in the presence of these witnesses and they

in the presence of each other and in his presence

& at his request have signed their names as witnesses

thereto in the day last above written

John F Colflesh

Soloman Hardin


The State of Ohio, Delaware County Ss

We Soloman Hardin and John F. Colflesh being duly sworn in open

court, this 12th day of March A.D. 1861, depose and say, that we were present

at the execution of the last will and testament of Robert McCoy Cellar hereto

annexed; that we saw the said testator subscribe said will, and heard him

publish and declare the same to be last will and testament, and that

the said testator at the time of executing the same was of full age, and

of sound mind and memory. And not under any restraint, and that

we signed the same as witnesses at

his request and his presence, and in the presense of each other.

John F Colflesh

Soloman Hardin

sworn to and subscibed before me this 12th day of March A.D. 1861

I Ranney, Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 89)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 89)

Description

[page 89]

[corresponds to labeled page 59 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of John Robison decd.


Proceedings had before Hon I. Ranney Judge of

the Court of Probate in Delaware County O. at his

office in the town of Delaware April 30th 1861

This day an authenticated copy of the last will

& testament of John Robison late of Brooke Coun

ty in the state of Virginia was produced in

open Court & it appearing to the satisfaction

of the Court that said will has been proven in the

said state of Virginia according to the laws of said

state & that said will has relation to land lying

in this County

It is therefore ordered that the said authen

tication copy be recorded in the record of wills for

said county of Delaware as follows:

Copy.

In the name of God Amen I John Robison of the

county of Brooke and the state of Virginia being of

sound mind and memory and considering the un

certainly of life and certainty of death do make this

my last will and testament and first that all

my just debt debts & funeral expenses be paid then

I give unto my son Westly all my harness & farm

ing utensils the crop now growing one half the grain

we have in H. L. Rylands Mill and our young pony

mare And unto my daughter Elizabeth I give one

thousand dollars ($1000) one bed & bedding to be given

to her when she arrives at the age of twenty one

years or sooner if she marreys To my daughter Char

ity I give one thousand dollars ($1000) one bed and

bedding to be paid when she arrives at the age of

twenty one years, or sooner if she marries. And to

my daughter Mary Jane I give one thousand

dollars ($1000) one bed & bedding to be paid to when

she arrives at the age of twenty one years or

sooner if she marries My three daughters Elizabeth

Charity & Mary Jane are to have their houses &c

support on my property until they marry or choose

to leave it And to my sons Elijah Wm Thomas

& Westly I give all my estate - real & personal and

heretofore disposed of to be shared equally by them

I also appoint my three sons Elijah William

Thomas and Westly to be executors of this my

last will and testament - hereby revoking all

former wills by me made. In witness whereof

I hereunto affix my hand and seal this day

of January 1856 John Robison [Seal]

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 90)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 90)

Description

[page 90]

[corresponds to labeled page 60 of Will Records Vol. 4 - 1859-1869]


Last Will of John Robison dec' Cont

Signed and acknowledged in presence of us

Nicholas Stansberry

Thomas Donevan

Court of Brooke County Va.

of Aug. term 1859

The last will & testament of John Robison dec

late of Brooke County was this day produced in court

and proved by the oaths of Nicholas Stansberry & Thom

as Donevan Jr. The subscribing Witnesses thereto and

ordered to be recorded. Whereupon Wm T. Robison & Westly

Robison Executors therein named who made oath and together

who with Nicholas Stansberry & John Stansberry their action

was justified action entered into & acknowledged a bond in the

penalty of six thousand dollars with conditions according

to law, Certificate is granted the said Wm T. Robison

& Westly Robinson for obtaining a probate of s'd will

due fund John L. Naylor Dpy.

for J. R. Taylor Clk.

I certify the following to be a true copy of a will so

written to leave January term 1859 with the anexed

order of Court John S. Naylor Dpy.

for J. N. Naylor Clk

I J. N. Naylor Clerk for the County Court of Brooke

County in the State of Virginia do verify that the

foregoing is a true copy from the records of my Court

being under my hand and the seal of said

Court this 24th day of April in the year

One Thousand Eight Hundred & Sixty J. R. Naylor Clk

State of Virginia County of Brooke

I John Hiuduran Presiding Judge for the County

of Brooke County in the state aforesaid do hereby

verify that Joseph N. Naylor whose name is signed

the above writing is Clerk of the County Court

and that his signature thereto is genuine Said un

der my hand the 25th day of April A.D.

John Hiuduran Presiding Judge

State of Va. County of Brooke SS.

SS. J. N. Naylor Clerk of the County aforesaid

in the State of Virginia do hereby certify that John

Hinduran is Presiding Judge of the County & State

aforesaid & that his signature to the above writing

is genuine.

Given under my hand this 24th day

of April 1861

J. N. Naylor Clk
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 91)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 91)

Description

[page 91]

[corresponds to labeled page 61 of Will Records Vol. 4 - 1859-1869]


Last Will etc of William Morgan dec'd

Proceedings had before Hon T. Ramsey Probate Judge within and

for the county of Delaware and State of Ohio At this office in the

town of Delaware on the 6th day of May 1861.

Be it remembered that heretofore to wit on the 18th day of

December 1860 the following order was had and entered herein to wit


Matter of William Morgans will

The last will and testament of Wm Morgan

late of Harlem Township in said County dec' was this day pro-

duced in open court & it appearing to the court that Wm Tompkins

one of the subscribing witnesses to said will resides in the county of

Lucas & State of Iowa it is ordered that a commission issued with

the said will annexed to take the deposition of the said Wm. Tompkins

touching the due execution of said will to be directed to John Edwards

of said county of Lucas according to the statute in such made

and provided.

T. Kenney P.J.

And afterwards to wit on the 18th day of Dec' A.D. 1860 the

following commission was issued therein to wit

Probate Court Delaware County State of Ohio

To John Edwards of Lucas County Iowa

Greetings

Know ye that we in confidence of your prudence & fidelity

have appointed you and by these present do give to you full

power and authority to examine and take the deposition of

Wm Tompkins one of the subscribing witnesses to the will of

Wm Morgan hereto annexed late of Harlem Township in Delaware

County Ohio and therefore we command you that at certain days

and places to be appointed by you. You cause the said Wm

Tompkins to be brought before you and then and there examine

him on his conferred oath or affirmation first taken before

you, touching the due execution of the said will of the said Wm

Morgan and that you reduce such examination to writing and

return the same together with this writ and the said will of the

said Wm Morgan thereto annexed closed up under your seal into

our Court of Probate with all convenient speed.

[Seal] Witness I. Ranney Judge of said Court of

Situate at Delaware Ohio the 18th day of

December A.D. 1860

I. Ranney. Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 92)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 92)

Description

[page 92]

[corresponds to labeled page 62 of Will Records Vol. 4 - 1859-1869]


Last Will etc of William Morgan dec' Contd

And afterwards to wit on the 6th day of May A.D. 1861

the return of above commission with the deposition attached as

such herein to wit:

State of Iowa } Taken before

County of Lucas } John Edwards Commissioner

The deposition of William Tompkins Witness taken

at Chariton Lucas County Iowa in the 12th day of April 1861

between the hours of 10 o'clock A.M. & 4 O'clock P.M in pursuance of

previous notice given said Witness and in Obedience to a Commission

which issued from the Judge of the Probate Court of Delaware County

This dated December 18th A.D. 1861 and herewith annexed said

deposition to be read in evidence to establish the execution of the

last will and testament of Wm Morgan deceased late of Del

aware County Ohio

Interg 1st What is your name, age, and present place of

residence?

Answer - William Tompkins aged 62 years and resides at

present in Lucas County Iowa.

Interg 2nd Were you present at the execution of the last will

and testament of William Morgan of Delaware

County Ohio hereto annexed? -----

Answer 2nd I and the said B. C. Waters both saw the

said testator subscribe said Will and heard

him publish and declare the same to be his

last will and testament and that the said

testator at the time of execution of the same

was of full age and of sound mind and

memory and not under any restraint and

that I and said Waters signed the same as

witnesses at his request and in his presence and

in the presence of each other

William Tompkins

State of Iowa }
S.S.
County of Lucas }

I John Edwards Commissioner appointed

in power and of authority from the Probate Court of Delaware

County Ohio and in notice there of the foregoing depositions of

William Tompkins was taken before me and after taken same had

been reduced to writing by me and made by me to said witness

was subscribed and sworn to by the deponent therein at my

office in Chariton in said County on the 12th day of April

A.D. 1861 between the hours of ten o'clock A.M. and 4 o'clock

P.M. of said day In testimony whereof I have hereunto set my

hand this 12th day of April 1861

John Edwards

Commissioner
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 93)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 93)

Description

[page 93]

[corresponds to labeled page 63 of Will Records Vol. 4 - 1859-1869]


Last Will etc of William Morgan decd Contd

(Copy of Will)

Father of All I William Morgan do make and publish this my

last will and testament

Item 1st I give and bequeath to my beloved wife in lieu of her

Dower the farm on which we now reside situated in the county of

Delaware and State of Ohio and in the township of Harlem and

bounded on the east and north by land owned by L.R. Kesler and

George Morgan and in the south by land owned by R. N. Keer

and on the west by the same supposed to contain fifty Acres

of Land together with all the priveleges and appurtenances unto

the same belonging during her natural life provided she remain

my widow in the event of her marriage the real estate afore

said I give and divise to my sons George Morgan and

Loomis Morgan.

Item 2nd I devise and bequeath to my two sons George

And Loomis Morgan all of my personal property after

the widow dower is set off and my just debts are

paid

Item third I do hereby nominate and appoint Eliza

Morgan my wife executrix of my last Will and testament

hereby authorizing and empowering her too compromise adjust-

relieve & discharge in such manner as she may deem proper the

debts and claims due me.

I desire that no appraisement and no sale of my personal property

be made and that the Court of Probate direct the omission of

the same in pursuance of the Statute I do hereby revoke all former

wills by me made in testimony thereof I have hereunto set my

hand and Seal this 25th day of Sept. A.D. 1857

his

William X Morgan [Seal]

mark

signed and acknowledged by Said William Morgan as his last

will and testament in our presence and signed by us in his

presence.

William Tompkins

R.C.Traters [?]

The State of Ohio Delaware Co Ss

I R. C. Traters being duly sworn in open Court this 6th day of May AD

1861 depose and say that I was present at the execution of the last will

and testament of Wm Morgan hereto annexed that I saw the said

testator subscribe said will and heard him publish and declare the same

to be his last will & testament and that the said testator at the

time of executing the same was of full age and of sound mind of

memory and not under any restraint and that I signed the same

as witness at his request and in his presence and in the presence

of Wm Tompkins

R.C. Traters - Sworn to and sub

scribed before me this 6th day of May A.D. 1861. I Ranney P.J.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 94)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 94)

Description

[page 94]

[corresponds to labeled page 64 of Will Records Vol. 4 - 1859-1869]


Last Will etc of William Morgan decd Contd

And afterwards to wit on the 6th day of May A.D. 1861

the following order was had and entered to wit;

Matter of Last will etc of William Morgan decd late of Harlem

township. The Commission heretofore issued from the court

with the said will of the said William Morgan to take the

deposition of Wm Tompkins one of the subscribing witnesses thereto

was this day produced in Court & filed and it appearing to the satis-

faction of the court as well by the said deposition of the said

Wm Tompkins as well as by the testimony of R.C. Traters another subscribing

witness to the said will was duly attested and executed and that

said testator at the time of executing the same was of full age

and sound mind & memory & not under any restraint it is ordered

that said will & testimony be recorded. Thereupon Eliza Morgan

Executrix in said will named appeared in court and signified her

acceptance of the trust of executing said will it is thereupon ordered

that letter testamentary issue to her to her upon her giving bonds

the sum of $400.00 with Loomis & George Morgan as her sureties

Conditioned according to law.

Court appoints R.N. Kesler & James Hugler to appraise

the personal property belonging to said estate

I. Ranney Pro. Judge

_____________________________

Last will & testament of John Gotlieb Gock decd

Proceedings had before Hon I. Ranney Probate Judge within and for

the county of Delaware & State of Ohio at his office in the town of

Delaware on the 20th day of May A.D. 61

This day the last will and testament of John Gottlieb Gook decd

of Delaware township Delaware County was produced in open Court and

duly proven by the testimony of John High & John Graham the

subscribing witnesses thereto (as reduced to writing and filed with said

will) admitted to Probate and ordered to be recorded as follow's

Copy of will

This is my last will and testament made and concluded

on this 2nd day of April 1861 I John Gotlieb Gook this day I leave

to my wife Elizabeth my farm or lot of land in Delaware township

Delaware County Ohio containing twenty six acres of land the same

is to have & to hold during her life time and if the income of

said lot is not sufficient to support her, She has the right to sell

said lot or farm and make use of the money to the best advantage

to suit herself she is also to have & too hold all the horses cow

sheep & swine She is also to have all the hay & straw in said

lot or farm and all the grain in the ground and sell the out

standing money and she is to give Susanna an out- set sealed

& delivered in the presence of - John Gotlieb Gook ~

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 95)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 95)

Description

[page 95]

[corresponds to labeled page 65 of Will Records Vol. 4 - 1859-1869]


Last Will etc of John Gottlieb Gock decd

John High

John Graham

The State of Ohio Delaware Co. Ss.

We John High & John Graham being duly sworn in

open Court this 20th day of May AD 1861 depose & say that we

were present at the execution of the last will and testament of

John Gotlieb Gook hereto annexed that we saw the said testator

subscribe said will and heard him publish and declare the same

to be his last will and testament and that the said testator at

the time of executing the same was of full age and of sound mind

& memory and not under any restraint and that we signed the

same as witnesses at his request and in his presence and in the

presence of each other

John High

John Graham

Sworn to & subscribed before me this 20th day of May AD

1861.

I. Ranney Pro. Judge

________________________

Last will & testament of David Worline decd

Proceedings had before Hon I. Ranney Probate Judge within & for the

county of Delaware & State of Ohio at his office in the town of

Delaware on the 10th day of May A.D. 1861


This day the last will & testament of David Worline late

of Delaware township Delaware County was produced in open court

and duly proven by the testimony of J.H. White & James Eaton

& D. Harvey the subscribing witnesses thereto (as reduced to writing

and filed with said will) admitted to Probate and ordered to

be recorded as follows ;

Copy of Will

I David Worline of Delaware

township Delaware County, State of Ohio, being of sound and

disposing mind memory & Understanding do make publish

and declare this to be my last will & testament as far as

connected with my real estate hereby revoking and making void

all former last will and testaments and writings Native of Last

wills & testaments by me heretofore made

1st I give and bequeath to my son David A. Worline the north half

of the following tract of land after taking off four acres of land

off of the west end of said tract the whole tract is bounded &

described as follows being the south part of Lot Number two

and North part of lot Number One in Section from

Township five Range Nineteen of the United States Military

survey being the same lot or tract of land deeded to me by George

Rumford & Clara Rumford his wife by deed dated this 4th

day of March AD Eighteen Hundred and thirty five
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 96)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 96)

Description

[page 96]

[corresponds to labeled page 66 of Will Records Vol. 4 - 1859-1869]


Last Will etc of David Wooline decd

to which deed reference is hereby made for more particular

description of the same. the whole tract estimated to contain one

hundred acres of land this tract hereby bequeathed estimated

contain forty eight acres more or less, bequeathed subject to the here-

inafter stated conditions

2d I give and bequeath to my son Albert A. Worline the

south half of said tract of Land after taking off the aforesaid

four acres of land off the west end thereof subject to the hereinafter stated

conditions

3d I give and bequeath to my daughter Rebecca Dengler wife of

Frederick Dengler the above mentioned four acres of land off the west

end of the above described tract of land which tract of land in

the farm which I now reside to them taken off of said west

end by a parallel line with the section line & far enough east

from said section line to contain said four acres of land

also I further bequeath to my said daughter Rebecca the

whole of Lot Number eight in section there Township four

Range nineteen United States Military survey containing 49 acres

141 67/100 perches of land for a more particular description

of said lot of land reference is hereby made to a deed for

said lot made to me by Emery Moore & Nancy Moore

his wife dated the 9th day of January AD 1840

4th I give and bequeath to my grandchildren heirs of my deceased

daughter of Hester Ann Weiser wife of Soloman S Weiser

follows to be paid to each of them as they respectively become of

age as hereinafter stated viz to Albert Weiser the sum of five

hundred dollars to be paid by the before stated legatees as

follows by Albert A. Worline the sum of three hundred dollars

by David A Worline the sum of One hundred and fifty

dollars and by said Rebecca Dengler the Sum of fifty

dollars and the Hatty Weiser the sum of two hundred & fifty

dollars as follows by said Albert A. Worline the sum of one

hundred & fifty dollars By David A Worline Seventy five

dollars and By Rebecca Dengler the sum of 25 dollars and

to Nettie Weiser the sum of two hundred & fifty dollars

to be paid as follows by said Albert A Worline, the sum of

one hundred and fifty dollars by said David A Worline

the sum of seventy five dollars and by said Rebecca Dengler

the sum of twenty five dollars all said respective sums to

be paid by my aforesaid sons & daughter to my said three

grand children as they respectively become of age in consideration of

Real Estate here in before bequeathed to each of them herein

before described

And I do nominate appoint my said

sons Albert A Worline & David A Worline my sole executors of this

my last will & testament In testimony whereof I the said David

Worline have hereunto subscribed my name and affixed my seal

this sixth day of April AD 1861 Signed sealed and

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 97)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 97)

Description

[page 97]

[corresponds to labeled page 67 of Will Records Vol. 4 - 1859-1869]


Last Will etc of David Worline decd

declared by said David Worline to be his last will and

testament in presence of us who at his request and in his

presence subscribed our names as witnesses hereto in

presence of each other

J.H. White ) David Worline {Seal}

James Eaton )

D. Harvey )


The State of Ohio Delaware Co Ss

We James Eaton and J.H. White and David Harvey

being duly sworn in open Court this 10th day of May

AD. 1861 depose and say that we were present

at the execution of the last will and testament of David

Worline hereto annexed that we saw the said testator

subscribe said will and heard him publish and declare

the same to be his last will and testament and

that the said testator at the time of executing the

same was of full age and of sound mind and

memory and not under any restraint and that

we signed the same as witnesses at his request and

in his presence and in the presence of each other

James Eaton

J.H. White

D. Harvey

Sworn to and subscribed before me this 10th day of

May A.D. 1861

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 98)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 98)

Description

[page 98]

[corresponds to labeled page 68 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Judd Peet decd

Proceedings had before Hon. I. Ranney, Probate Judge within and

for the county of Delaware & State of Ohio at his office in the

town of Delaware on the 25th day of May A.D. 1861

This day the last will and testament of Judd Pett late

of Berlin Township & Delaware County was produced in open Court

and duly proven by the testimony of Orpha Cronkleton & Silas

Emerson the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to Probate and ordered to be

recorded as follows:

Copy of Will

I, Judd Peet of the township of Berlin & County of

Delaware & State of Ohio do hereby make & publish

this my last will and testament.

1st I give & devise to my wife Mary E Peet the

whole of my estate both real & personal situate in

the township & County above mentioned except so much

as may be necessary to settle up my business and pay

all necessary expenses.

2nd I do hereby nominate & appoint my wife the said Mary

E. Peet above named as executrix of this my last will

& testament

3rd I desire that no appraisement & no public sale of my

personal property be made and that the court of Probate

direct the omission of the same in pursuance of the

estate

In testimony whereof I have hereunto set my hand

and seal this 14th day of March AD. 1861

Signed and acknowledged

by said Judd Peet as his Judd Peet [Seal]

last will & testament

in our presence signed

by us in his presence

Orpha Cronkleton

Silas Emerson
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 99)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 99)

Description

[page 99]

[corresponds to labeled page 69 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Judd Peet decd

The State of Ohio Delaware Co. Ss

We Orpha Cronkleton and Silas Emerson being duly sworn

in open Court this 25th day of May A.D. 1861 depose & say

that we were present at the execution of the last will and

testament of Judd Peet hereto annexed that we saw the said

testator subscribe said will and heard him publish and

declare the same to be his last will & testament and that

the said testator at the time of executing the same

was of full age and of sound mind and memory and

not under any restraint and that we signed the same as

witness at his request and in his presence and in the

presence of each other

Silas Emerson

Orpha Cronkleton

Sworn to and subscribed before me this 25th day of

May A.D. 1861

I. Ranney Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 100)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 100)

Description

[page 100]

[corresponds to labeled page 70 of Will Records Vol. 4 - 1859-1869]


Last Will etc of A.L. Griffith decd

Proceedings held before Hon. I Ranney Probate Judge within

and for the County of Delaware & State of Ohio at his office

in the town of Delaware on the 11th day of Jun A.D. 1861

This day the last will and testament of Anthony L.

Griffith late of Delaware Township & Delaware County was

produced in open Court and duly proven by the testimony

of Wm D. Heim & B. Powers the subscribing witnesses thereto

(as reduced to writing and filed with said will) admitted to Probate

and ordered to be recorded as follows;

Copy of Will

In the name of God "Amen"

I Anthony L. Griffiths of the County of Delaware

and State of Ohio - of lawful age - being of an advanced age

and considering the uncertainty of this mortal life - the certainty

of death, but the uncertainty of the time thereof and being of sound

and disposing mind and memory do so much publish this my

last will and testament for the purpose of disposing of my world-

ly effects to wit

Item 1st I will & devise that after my decease that my body be

decently buried and that my funeral expenses and my just &

legal debts be fully paid etc

Item 2nd I will and devise to my beloved wife Aletta Griffiths after

paying my debts as aforesaid all the balance and residue of

my said property both real personal and mixed with full

power to use, sell, dispose of. coming by deed, lease or otherwise for

her sole use benefit and behalf during her natural life etc And

at the death of my said wife Aletta if she dies before her brother

Cornelius C. Saydenn I will and devise to said Cornelius C.

Saydenn all the residue and remainder of my said property

of my said wife but if the said Cornelious C Saydenn

should die before my wife Aletta then and in that

case the whole of said residue to be at the disposal of my said

wife Aletta Griffiths as she may see proper etc.

Item 2nd I do hereby nominate and appoint my said

beloved wife Aletta Griffiths sole executrix of this my last

will & testament with full power to execute and carry on

effect this my last will & testament hereby revoking and

disavowing all other wills by me made and declaring and

publishing this to be my last will & testament

In Testimony whereof I have

hereunto set my hand and seal this 24th day of

October AD 1851.

A.L. Griffiths [Seal]
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 101)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 101)

Description

[page 101]

[corresponds to labeled page 71 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Anthony L Griffiths decd

Signed and sealed and acknowledged

by said Anthony L Griffiths as his

last will and testament in our

presence and signed by us in his

presence and at his request

Wm D. Heim

B. Powers

The State of Ohio Delaware Co Ss

We Wm D Heim and Benjamin Powers being duly

sworn in open Court this 11th day of June A.D.

1861 depose and say that we were present at the

execution of the last will and testament of Anthony

L. Griffiths hereto annexed That we saw and the said

testator subscribe said will and heard him publish

and declare the same to be his last will & testament

and that the said testator at the time of executing

the same was of full age and of sound mind

and memory and not under any restraint and

that we signed the same as witnesses at his request

and in his presence and in the presence of each

other

Wm D. Heim

B. Powers

Sworn to and subscribe before me this 11th day

of June A.D. 1861

I Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 102)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 102)

Description

[page 102]

[corresponds to labeled page 72 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Benjamin Holley decd

Proceedings had before Hon. I. Ranney Probate Judge within and

for the county of Delaware & State of Ohio at his office in the

town of Delaware on the 19th day of July 1861

This day the last will & testament of Benjamin Holly decd

late of Delaware County & State of Ohio was produced in open

court and duly proven by the testimony of Silas Emerson &

Nancy Ann Emerson the subscribing witnesses thereto (as reduced

to writing and filed with said will) admitted to Probate and

ordered to be recorded as follows

Copy of Will

I Benjamin Holly of the county of Delaware & State of

Ohio being of full age and sound mind do make & publish

this my last will & testament

1st I give and devise to my wife Maria Holley the whole of my

personal & real estate situated in Berlin township and in

the county & State afore named that is she shall have

the full benefit of said property so long as She shall live

subject to the provision hereinafter made

1st I give & devise to my two daughters Jane Holly & Lois Holly

each one bed and the used bedding when they shall respectively

become eighteen years of age also they shall have their support

out of my property devised above to my wife as long as

they remain single and see proper to remain at home

2nd I give and devise to my son John Holly the use & control

of my property above devised to my wife so long as he supports

my said wife & daughters aforementioned according to the above

provisions & maintains a due regard for their feelings

& comfort treating therewith proper respect etc Now if the

said John Holly shall comply with the above conditions

after the death of my wife he shall have the whole of my

said property free of all encumbrances except such as are

herein specified. But if he should fail to comply with

the conditions of this instrument then my wife Maria

Holly shall take and have control of said property so

long as she shall live and after her death it should

be divided equally among all my children

4th I do hereby nominate and appoint my wife Maria

Holly and John Holly executors of this my last will

& testament

5th I desire that no appraisement or sale be made

of my personal property and that the court of Probate

so order in pursuance of the statute
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 103)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 103)

Description

[page 103]

[corresponds to labeled page 73 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Benjamin Holly decd

In testimony hereof I have hereunto set my hand &

seal this 26th day of April A.D.1860

Signed & acknowledged Benjamin Holley

by said Benjamin [Seal]

Holly as his last will

& testament in our

presence and signed

by us in his presence

Silas Emerson

Nancy Ann Emerson

The State of Ohio Del Co So

We Silas Emerson & Nancy Ann Emerson being

duly sworn in Open Court this 29th day of July

AD 1861 depose & say that we were present

at the execution of the last will & testament

of Benjm Holley hereto annexed that we saw the

said testator subscribe said will and heard him

publish & declare the same to be his last will

& testament and that the said testator at the

time of executing the same was of full age

and of sound mind & memory and not under

any restraint and that we signed the same

as witnesses at his request and in his presence

and in the presence of each other

Silas Emerson

Nancy Ann Emerson

Sworn to & subscribed before me this 29th day

of July AD 1861

I. Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 104)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 104)

Description

[page 104]

[corresponds to labeled page 74 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Catherine Weiser

Proceedings had before Hon. I Ranney Probate Judge within &

for the county of Delaware & State of Ohio at his office in

the town of Delaware on the 2nd day of August 1861

This day the Last will & testament of Catherin Weiser late of

Delaware County & State of Ohio was produced in open court and duly proved

by the testimony of R. Lugenbeel. N.D. Perry & E. Anderson the

subscribing witnesses thereto (as reduced to writing & filed with said

will) admitted to Probate & ordered to be recorded as follows

Copy of Will

In the name of God Amen. I. Catherine Weiser of the County of

Delaware & State of Ohio being in reasonable health of body and of

sound mind & understanding and considering the certainty of

Death and the uncertainty of the times thereof and being desirous

to settle my worldly affair and thereby be the better prepared

to leave this world when it shall please my Heavenly Father

to call me home do therefore do make & publish this my last will

& testament in manner & form following that is to say

Item 1st I give & bequeath unto my grand children Sarah Goodman

Nancy Rankin & Israel Arnold each one dollar

Item 2 I give & bequeath unto my sons Jacob, Peter, William &

David & my daughters Elizabeth, Hannah & Lucina all the residue

of my estate both real personal & mixed to be equally divided

amongst them share & share alike

And lastly I do hereby appoint my sons Jacob & David to be

executors of this my last will & testament with full power to

settle my estate without taking out letters of administration

revoking & annuling all former wills by me made & ratifying

to be my last will & testament.

In testimony whereof I have hereunto set my hand & affix

my seal this 1st day of June Eighteen hundred & fifty eight

Signed sealed & declared }

by Catherine Weiser to be her last }

will & testament in the presence }

of us who at her request & in } her

her presence and in the presence } Catherine X Weiser [Seal]

of each other have subscribed our } mark

names as witnesses thereto }

R. Lugenbeel }

N. D. Perry }

E. Anderson }
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 105)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 105)

Description

[page 105]

[corresponds to labeled page 75 of Will Records Vol. 4 - 1859-1869]


Last Will ect of Catherine Weiser - - -

The State of Ohio - Delaware Co SS

Mr. B. Lugenbeel, N. D. Perry and Edgar Anderson being duly sworn

in open Court this 3rd day of August A.D. 1861 depose & say

that we were present at the execution of the last will & testament

of Catherine Weiser hereto annexed that we saw the said testatrix

subscribe said will and heard her publish and declare the

same to be her last will & testament and that the said testatrix

at the time of executing the same was of full age and of sound

mind and memory and not under any retraint and that we

signed the same as witnesses at her request and in her presence

and in the presence of each other.


N. D. Perry

E. Anderson

Sworn to and subscribed before us this 2nd day of August

A. D. 1861

T. Ranney Probate Judge


Last Will etc of Wm T. Sharp deceased

Proceeding had before Hon I Ranney Probate Judge within

and for the County of Delaware & State of Ohio at his office in

the town of Delaware on the 7th day of Sept. 1861.

This day the last will & testament of Wm T. Sharp

late of Marlborough township Delaware County & State of

Ohio was produced in open court and duly proven by the

testimony of Hugh Cole & J. C. Cole the subscribing witnesses

thereto (as reduced to writing & filed with said will) admitted

to Probate & ordered to be recorded as follows:

Copy of Will

I Wm T. Sharp of Marlborough Township - Delaware Co

Ohio do make and publish this my last will & testament

Item 1st I give & devise to my son Joseph P. Sharp 82

acres of land in R.19 T.6. S.21. Lot 10 S.E. 21 and also 20

acres in R. 19. T. 6. S1 lot 38 and twenty acres in the East

part of R 19 T6 8 4 lot 2 joining lands of J. C. Cole.

Item 2nd I give & devise to my son Samuel Sharp one hundred

& five and one half acres of land in R19. T. 6. S. 4. lot 2 N

Part in Twp TP. and I do give and devise unto my sons

Joseph R. Sharp and Samuel S. Sharp Eighty acres of land

in Putnam County Ohio and Two hundred and forty

acres of land in Stark County Indiana

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 106)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 106)

Description

[page 106]

[corresponds to labeled page 76 of Will Records Vol. 4 - 1859-1869]


Last Will of Wm T. Sharp dec'

Item 3rd I give & devise to my two sons Wm Sharp and John

Sharp one hundred dollars each when called for

Item 4th I do hereby nominate and appoint Joseph B.

& Samuel Sharp Executors of this my last will & testament

hereby authorizing and empowering them to compromise adjust

release & discharge in such manner as they may deem proper

the debts and claims due me I do also authorize and empower

them if it shall become necessary in order to pay my debts

to sell all of my stock Horses Cattle Sheep Hogs and

or to retain if and keep it on the Farm and pay my

lawful debts out of their own funds and divide the stock

between the said J. B. Sharp and S. Sharp or to make

such distribution of the said Stock as they may see fit and

proper. And I do hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand & seal

this the 16th day of August 1861

Signed and acknowledged by } Wm T. Sharp [Seal]

said Wm T. Sharp as his }

last will and testament in }

our presence and signed by }

us in his presence }

Hugh Cole }

J. C. Cole }


The State of Ohio Del Co

Mr. Hugh Cole and J. C. Cole being sworn in Open Court

the 7th day of Sept. AD 1861 depose and say that we

present at the execution of the last will and testament

of Wm T. Sharp hereto annexed that we saw the said testator

subscribe said will and heard him publish and declare the same

to be his last will and testament and that the said testator

at the time of executing the same was of full age and of

sound mind and memory and not under any restraint and

that we signed the same as witnesses at his request and in

his presence and in the presence of each other

Hugh Cole

J. C. Cole

Sworn to and subscribed before me this }

7th day of September A.D. 1861 }

` I. Ranney. Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 107)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 107)

Description

[page 107]

[corresponds to labeled page 77 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Isaac Welch Dec'

Proceedings had before Hon. I. Ranney Probate Judge within and

for the County of Delaware & State of Ohio at his office in the town

of Delaware on the 21st day of Oct. 1861

This day the last will and testament of Isaac Welch dec' late of

Delaware County and State of Ohio was produced in open court

and duly proven by the testimony of Daniel Shafer and Ezekiel

Hardin the subscribing witnesses thereto ( as reduced to writing and filed

with said will) admitted to Probate and ordered to be recorded as follows

Copy of Will

In the name of the Benevolent Father of all I Isaac Welch

of Liberty Township Delaware County in State of Ohio do

make & publish this my last will & testament

Item 1st I give & devise to my beloved wife in lieu of her

dower One hundred Dollars & one pig now in the pen &

three bushels of potatoes, the money to be paid out of

the first money that is collected from the estate and

interest on said hundred Dollars from the present date

In case she is not satisfied with this I give and devise

to her her lawful right in my property in lieu of

the hundred dollars etc

Item 2nd After paying all my debts I give and devise the

balance that is left to all the heirs in equal shares

the heirs of Elijah & John Deceased collectively to & now

their fathers portion with the exception of Forty Dollars

taken from the share of David.

Item 4th I do hereby nominate and appoint Reuben

Hardin & Hiram R. Carpenter executors of this my last

will & testament hereby authorizing and empowering them

to compromise adjust release and discharge in such manner

as they may deem proper the debts and claims due me.

I also authorize and empower them if it shall be necessary

in order to pay my debts to sell by private sale or in such

manner upon such terms of credit or otherwise as they may

think proper all or any part of my real estate and deed

to purchasers to execute acknowledge and deliver in fee simple

I do hereby revoke all former wills by me made & in testimony

whereof I have hereunto set my hand and seal this sixteenth

Day of October in the year 1861

his

Isaac X Welch [Seal]

mark

Signed and acknowledged by

said Isaac Welch as his last

will & testament in our presence &

signed by us in his presence

David Shafer

Ezekiel Hardin
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 108)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 108)

Description

[page 108]

[corresponds to labeled page 78 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Isaac Welch Deceased

The State of Ohio Delaware Co Ss

We Daniel Shafer and Ezekiel Hardin being duly sworn in

open Court this 21st day of Oct. A.D. 1861 depose and say that

we were present at the execution of the last will and testament

of Isaac Welch hereto annexed that we saw said testator

subscribe said will and heard him publish and declare the

same to be his last will and testament and that the said

testator at the time of executing the same was of full age and

of sound mind and memory and not under any restraint and

that we signed the same as witnesses at his request and

in his presence and in the presence of each other

Daniel Shafer

Ezekiel Hardin

Sworn to and subscribed before me this 21st day of October

A.D. 1861

I. Ranney Pro. Judge

Last Will and testament of James McFalls decd

Proceedings had before Hon. I. Ranney Probate Judge within and

for the county of Delaware and State of Ohio at his office in the

town of Delaware on the 13th day of November AD. 1861

This day the last will and testament of James McFall late of

Delaware County and State of Ohio was produced in open Court and

duly proven by the testimony of John Shaver & George A. Peck the

subscribing withnesses thereto (as reduced to writing and filed with said will)

admitted to Probate & ordered to be recorded as follows;

Copy of Will

In the name of the Benevolent Father of all I James McFall of the

County of Delaware do make and publish this my last will and tes

tament

Item 1st I give and devise to my beloved wife Polly all my real estate

and Personal propery to have and to hold the same forever. She

however to sell so much of my personal property to pay

my funeral expenses.

Item 2nd I will and bequeath one Dollar to each and every one

of my lawful heirs to be paid out of my personal property

at the expiration of one year from my Decease. I hereby

revoke all former wills by me made in testimony here of &

have set my hand and seal this 20th day of Nov. in the

year of our Lord 1859

his

James X McFall [Seal]

mark
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 109)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 109)

Description

[page 109]

[corresponds to labeled page 79 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James McFalls dec

Signed and acknowledged by James McFalls as

his last will and testament in presence and signed

by us in his presence

John Shaver

Geo. A. Peck

The State of Ohio Del. Co Ss

Mr. John Shaver & Geo. A. Peck being duly sworn in open

Court this 18th day of Novemeber A.D. 1861 depose and say

that we were present at the execution of the last

will and testament of James McFalls hereto annexed;

that we saw the said testator subscribe said will and

heard him publish and declare the same to be his last

will and testament and that this said testator at

the time of executing the same was of full age and

of sound mind and memory and not under any res-

traint; and that we signed the same as witnesses at his

request and in his presence and in the presence of

each other

John Shaver

Geo. A. Peck

Sworn to and subscribed before me this 13th day of Nov.

A.D. 1861

I. Ranney P.J.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 110)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 110)

Description

[page 110]

[corresponds to labeled page 80 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James Gray dec'd

Proceedings had before Hon. I. Ranney Probate Judge within and

for the county of Delaware and State of Ohio at his office in

the town of Delaware on the 19th day of November 1861.

This day the last will and testament of James Gray late of

Delaware County and State of Ohio was produced in open Court

and duly proven by the testimony of S.P. Lott William Flor &

Robert Gray the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to Probate and ordered to be re

corded as follows;

Copy of Will

In the name of God Amen. I James Gray of the State of

Ohio and Delaware County being in poor bodily health but of

sound and & disposing mind and memory calling to

mind the frailty and uncertainty of human life and

being desirous of settling my worldly affairs and directing how

that estate which it has pleased God to bless me shall be

disposed of after my decease. While I have strength and ca

pacity to do so do make and publish this my last will and

testament hereby revoking and making void all other last wills

and testaments by me have afore made.

And first I command my immmortal being to Him who

gave it and my body to the earth to be buried with little

expense or ostentation, by my executor hereafter named my will is

that all my just debts and funeral charges shall by ex-

-ecutor hereinafter named be paid out of my estate as is

after my decease as shall by him be found convenient

I give, devise, and bequeath to my beloved wife Eleanor Gray

all my personal property to dispose of as she pleases except

twelve hundred dollars in the hand of F.B. Wilcox the

Interest of which shall be applied by my executor to the

support of my beloved wife during her natural life at which

time the twelve hundred dollars shall be equally divided among

my heirs at 8am.

Lastly I do nominate and appoint my son James H.

Gray to be the executor of this my last will and testament

In testimony whereof I the said James Gray have here

in inscribed my name and affixed my seal this sixth

day of February in the year of our Lord one thousand eight

hundred and sixty one

Attests James Gray [Seal]

William Flor

S.P. Lott

Robert Gray

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 111)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 111)

Description

[page 111]

[corresponds to labeled page 81 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James Gray dcd

We S.P. Lott, William Flor, Robert Gray being

duly sworn in open Court this 19th day of Nov. A.D.

1861 depose and say that we were present at the execut-

tion of the last will and testament of James Gray

hereto annexed: that we saw the said testator sub-

scribe said will and heard him publish and declare

the same to be his last will and testament and that

the said testator at the time of executing the same

was of full age and of sound mind and memory and

not under any restraint and that we signed the same

as witnesses at his request and in his presence and in the

presence of each other

S.P. Lott

William Flor

Robert Gray

Sworn to and subscribed before me this 19th day of

Nov A.D. 1861

I. Ranney Pro. Judge

Last Will & Testament of Evan Humphreys decd

Proceedings had before Hon. I. Ranney Probate Judge

within & for the county of Delaware and State of

Ohio at his office in the town of Delaware on the 24th day

of January A.D. 1862

This day the last will and testament of Evan Humphreys

late of Delaware County and State of Ohio was produced in

open court and duly proven by the testimony of

J. B. Jones and Gwen Jones the subscribing witnesses

thereto (as reduced to writing and filed with said will)

admitted to Probate and ordered to be recorded as

follows:

Copy of Will

In the name of the benevolent Father of all

I, Evan Humphreys of Radnor Township Delaware County

Ohio do make and publish this my last will and

testament

Item 1st I give and devise to my son John Humphreys and

his heirs the farm on which we now reside situate in

the township of Radnor Delaware County Ohio containing

about one hundred and twenty one acres and all the

stock, household goods, furniture, provisions and other goods

and chattles which may be then on at the time of my

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 112)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 112)

Description

[page 112]

[corresponds to labeled page 82 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Evan Humphreys decd

decease he however selling so much them of as may be

sufficient to pay my just debts

Item 2nd I devise and bequeath to my daughter Mary five dollars

Item 3d I devise and bequeath to my son William Five dollars

Item 4th I devise and bequeath to my son Evan five dollars

Item 5th I devise and bequeath to my son David five dollars

Item 6th I devise and bequeath to my daughter Margart

one hundred dollars

Item 7th I do hereby nominate and appoint my son John

Executor of this my last will and Testament hereby

authorizing and empowering him to compromise adjust

release and discharge in such manner as he may

deem proper the debts due now I do also authorize

empower him if it should become necessary in order

to pay my debts to sell by private sale or in such

manner upon each terms of credit or otherwise as he

may think proper all or any part of my real

estate and deeds to purchase to execute ackowl-

-ledge and deliver in fee simple.

I do hereby make all former wills by me made

In testimony hereof I have hereunto set my hand

and seal this 25th day of March A.D. 1859.

Signed and acknowledged )

by said Evan Humphreys ) Evan Humphreys {seal}

as his last will )

and testament in our presence )

and signed by us in his )

presence )

J.B. Jones )

Gwen Jones )

The State of Ohio Delaware

M. John B. Jones and Gwen Jones being duly sworn

in open Court this 24th day of January A.D. 1862 depose

and say that we were present at the execution of the last

will and testament of Evan Humphreys hereto annexed

that we saw the said testator subscribe said will and heard

him publish and declare the same to his last will &

testament and that the said testator at the time of

executing the same was of full age and of sound mind

and memory and not under any restraint and that

we signed the same as witnesses at his request and

in his presence and in the presence of each other

J.B. Jones

Gwen Jones

Sworn to and subscribed before me this 24th day of Jan.

A.D. 1862 I. Ranney P.J.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 113)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 113)

Description

[page 113]

[corresponds to labeled page 83 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Joseph Patrick


Proceedings had before Hon. I. Ranney Probate Judge

within & for the County of Delaware & State of

Ohio at his office in the town of Delaware on the

28th day of April A.D. 1862.


This day the last Will & Testament of Joseph

Patrick late of Delaware County and State of Ohio

was produced in open Court and duly sworn by

the testimony of Christopher C. Bricker and Samuel

L. Bryant the subscribing witnesses thereto (as reduced

to writing & filed within said will) admitted to Probate

and ordered to be recorded as follows:


Copy of Will

I, Joseph Patrick of Delaware County, Ohio, do make

my last will & testament in manner and form

following viz: I give to my wife Sarah one note I

hold against Roswell F. Fowler also one note

I hold against N. Hammill and also my Buggy

and harness with all the money I shall have

on hand at the time of my death not exceed-

ing one hundred dollars. I give the farm whereon

I now live to my daughter Zeruah in her own

right reserving the use thereof to my wife Sarah

during her life time - I give to my grand daughter

Sarah. Jane. Domegan one note I hold against John

Domigan for almost one hundred and twenty-five

dollars also one hundred dollars in cash to

be paid in one year after my death. I give unto

Eugene Rooney one hundred dollars to Luellen Rooney

fifty dollars to be held by Oliver Stark as trustee to be

paid to them with interest from my death when they

become of age. I give to my son Porter my gold watch

and to Joseph Patrick and Joseph Stark twenty dollars

each. The balance of money to be collected and expenses

paid all up and what monies to be divided equal

between Eliza Stark - Julia Benton my sons Charles & Porter

my daughters Amelia Landon and Leonora Willcox has

their full share of my estate. And I hereby appoint Oliver

Stark to be the Executor of this my last will & testament

and I hereby give to him fifty dollars and no more

for Executing the same in witness thereof I have

hereunto set my hand and seal this 1st day of

April 1862

Samuel L. Bryant Joseph Patrick {seal}

Christopher C. Bricker
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 114)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 114)

Description

[page 114]

[corresponds to labeled page 84 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Joseph Patrick decd.


Codicil - I hereby empower Oliver Stark to complete the

contract with Peter Rosecrans and make to him a

good and sufficient deed for the farm he purchased of

me and holds by Article of Agreement upon said

Peter Rosecrans complying with the terms of said

Article in witness thereof I have hereunto set my hand

and seal this 1st day of April 1862

Samuel L. Bryant Joseph Patrick {seal}

Christopher C. Bricker


We, Christopher C. Bricker and Samuel L. Bryant

being duly sworn in open Court this 28th day of April

A.D. 1862 depose and say that we were severally present

when Joseph Patrick acknowledged to either of us the execution

of the last will & testament of his hereto annexed that

we heard him publish and declare the same to be his

last will & testament and that the said testator at the time

of acknowledging the execution of the same was of full age and

of sound mind & memory and not under any restraint and

that we signed the same as witnesses at his request and in

his presence

Christopher C. Bricker

Samuel L. Bryant

Sworn to and subscribed before me this 28th day of April

A.D. 1862

I. Ranney Pro. Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 115)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 115)

Description

[page 115]

[corresponds to labeled page 85 of Will Records Vol. 4 - 1859-1869]


Last Will etc. of John N. Cox decd


Proceedings had before Hon. I. Ranney Probate Judge

within & for the County Delaware and State of Ohio

at his office in the town of Delaware on the 22d day

of May 1862.


This day the Last Will & Testament of John N. Cox late

of Delaware County & State of Ohio was produced in open

Court and duly proven by the testimony of Elias

George & Silas Haman the subscribing witnesses thereto

(as reduced to writing & filed with said will) admitted

to Probate and ordered to be recorded as follows:

Copy of Will.

In the name of the Benevolent Father of all, I, John

N. Cox of Delaware County & State of Ohio do make &

publish this my last will & testament

Item 1st - I give the farm on which I live to

Elisha Cox my son with all appurtenances to it

belonging. This would include the farm and building

only.

After paying all my honest & just debts

Item 2d - I bequeath to my beloved wife and to my

son Cary Cox my son after her decease all the mortgages

against Henry Lamb and all my railroad Stock

Item 3d - I give and bequeath to the foreign

Missionary society of the Baptist Denomination two

hundred dollars this to be paid in four installments

Item 4th - I give and bequeath to Rebecca Cox

the land I bought of Elias George

Item 5th - I give and bequeath unto Joseph C.

Cox my son twelve hundred dollars this will be

included in the house & lot he bought of me in

the town of Delaware and I bind my exceutor to

make the said Joseph C. Cox a general warrantee deed

on the above named property when twelve hundred dollars

is paid by said Joseph C. Cox

Item 6th - I give and bequeath unto Thomas Cox

my son the four hundred dollars the notes I hold

against him to the amount of four hundred

dollars he is not to pay except the interest on said

notes for two years at six percent

Item 7th - I give and bequeath unto Henry Cox my

son thirty acres of land which I bought of Terai Lee

Item 8th - I give and bequeath my share of the

Battleflat farm in England to all my heirs jointly

Item 9th - I further give and bequeath unto my

beloved wife the house & lot in the town of Delhi

while she lives and after her death to be divided

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 116)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 116)

Description

[page 116]

[corresponds to labeled page 86 of Will Records Vol. 4 - 1859-1869]


Last Will etc. of John N. Cox decd.

equally between all my heirs

Item 10th - I further give & bequeath to my son Elisha Cox all

the stock and farming utensils in the farm on which I

live

I appoint James Cox and Elisha Cox my Executors

Signed and acknowledged as )

his last will in our presence ) John N. Cox {seal}

Silas Harman )

Elias George )


The State of Ohio, Del. Co. Ss

M. Elias George & Silas Harman being duly sworn in open

Court this 22d day of May A.D. 1862 depose & say that

we were present at the execution of the last will & testament

of John N. Cox hereto annexed: that we saw the said testator

subscribe said will and heard him publish and declare

the same to be his last will & testament and that the

said testator at this time of executing the same was of

full age and of sound mind and memory and not

under any restraint and that we signed the same as

witnesses at his request and in his presence and in the

presence of each other

Elias George

Silas Harman

Sworn to and subscribed before me this 22d day of May

A.D. 1862.

I. Ranney Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 117)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 117)

Description

[page 117]

[corresponds to labeled page 87 of Will Records Vol. 4 - 1859-1869]


Last Will & testament of Vinsen Sherman decd


Proceedings had before Hon. I. Ranney Probate Judge

within & for this county of Delaware and State of Ohio

at his office in the town of Delaware on the 26th day

of May A.D. 1862.

This day the last will & testament of Vinsen Sherman

late of Delaware County & State of Ohio was produced

in open Court and duly proven by the testimony of

John Guy & L.S. Felkner the subscribing witnesses thereto

(as reduced to writing and filed with said will) admit-

ted to probate and ordered to be recorded as follows:

Copy of Will.

In the name of the Benevolent Father of all

I Finsen Sherman of the County of Delaware and

State of Ohio do make and Publish this my last

will & testament

Item 1st - I give & devise to my beloved wife the

entire control of all my real and personal property

so long as she remain my widow

Iten 2d - When my wife is done with the control of said

real & personal property either by death or marriage

then I want my son Vinsen N. Sherman to have

the one half of my real estate then and at the

same time the other remaining one half of my real

estate to be divided equally between my two sons

Jesse S. Sherman & Perry J. Sherman.

Item 3d - The Horse, Saddle & Bridle and Cow

that my son Vinsen N. Sherman now owns to be

and remain his

Item 4th - At the death or marriage of my

wife the personal property that there is under her

control I want divided between my Daughters equally

that may then be living or their heirs in

testimony whereof I have hereunto set my hand

and seal this 25th day of February 1863.


Signed and acknowledged ) Vinson Sherman {seal}

by said Vinson Sherman )

as his last will & testament )

in our presence and signed )

by us in his presence )


L.S. Felkner )

John Grey )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 118)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 118)

Description

[page 118]

[corresponds to labeled page 88 of Will Records Vol. 4 - 1859-1869]


Last Will &c of Vinsen Sherman Decd -

The State of Ohio Del. Co Ss

M. John Grey and L.S. Felkner being duly sworn in open

Court this 26th day of May A.D. 1862 depose and say

that we were present at the execution of the last will

and testament of Vinsen Sherman hereto annexed;

that we saw the said testator subscribe said will and

heard him publish and declare the same to be his

last will and testament and that the said testator

at the time of executing the same was of full age and

of sound mind and memory and not under any

restraint and that we signed the same as witnesses

at his request and in his presence and in the

presence of each other.

John Grey

L.S. Felkner

Sworn to & subscribed before me this 26th day of May

A.D. 1862

I. Ranney Pro. Judge


Last Will etc of Joseph G. Brown decd --

Proceedings had before Hon. I. Ranney Probate Judge within

& for the county of Delaware & State of Ohio, at his office in

the town of Delaware on the 5th day of March A.D. 1862


This day the last will & testament of Joseph G. Brown

late of Delaware County & State of Ohio was produced in

open Court and duly proven by the testimony of Abraham

Lloyd & George Wolfley the subscribing witnesses thereto (as

reduced to writing and filed with said will) admitted

to Probate and ordered to be recorded as follows:

Copy of Will

I, Joseph G. Brown of Radnor township Delaware County, Ohio

do make and publish this my last will & testament

in manner and form following that is to say First it is

my will that my funeral expenses and all my just debts

be fully paid.

Second - I give, devise, and bequeath to my beloved wife

Ann Brown all my property Personal & real to do as

she pleases with and to sell the same if she wishes

for her maintenance during her life time and after her

death if there be any property of any kind left after

paying her debts it shall be equally divided between

my two Great Grandchildren Frank and Annie Cox

that is the children of Elisha Cox by my Grand
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 119)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 119)

Description

[page 119]

[corresponds to labeled page 89 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Joseph G. Brown decd

Daughter Julia A. Cox

And Lastly I hereby constitute and appoint Philip

A. Brown to be the executor for this my Last will

and testament revoking and annulling all former

wills by me made and ratifying and confirming

this and no other to be my last will and

Testament, that said P.H. Brown shall take

care of her and provide for her while she lives and

also to han the management of her property

In testimony whereof I have hereunto set my hand

and seal the 27th day of December A.D. 1861

Signed, published & ) his

declared by the above ) Joseph G x Brown

named Joseph C. ) mark

Brown as and for his )

Last will & testament )

in presence of us who at)

his request has signed )

as withness to the same )

A. Lloyd )

George Wolfley )

The State of Ohio Del Co.Ss

We Abraham Lloyd being duly sworn in open Court

this 5th Day of March 1862 depose and say that we were

present at the execution of the last will & testament

of Joseph G. Brown hereto annexed; that we saw the

said testator subscribe said will and heard him publish

and declare that same to be his last will and testament

and that the said testator at the time of executing

the same was of full age and of sound mind &

memory and not under any restraint and that we

signed the same as witnesses at his request and in

his presence and in the presence of each other

Sworn to and subscribed before ) Abraham Lloyd

me this 5th day of March 1862 )

I. Ranney P.J. The State of Ohio Del Co Ss

I, George Wolfley being duly sworn in open Court this 5th

day of June 1862 depose & say that I was present at the exe-

cution of the paper purporting to be the last will and testament of

Joseph G. Brown hereto annexed that I saw the said testator subscribe said

writing and that the said testator at the time of executing the same

was of full age and of sound mind & memory & not under any

restraint and that I signed the same as witness in his presence

and both witnesses signed in the presence of each other & I am well sat-

isfied the testator signed the same understandingly as his last

will and desired me to witness the same George Wolfley

Sworn to & subscribed before me this 5th day of June 1862 I. Ranney P.J.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 120)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 120)

Description

[page 120]

[corresponds to labeled page 90 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Asher A Davis decd

Proceedings had before Hon. I. Ranney Probate Judge

within & for the county of Delaware & State of Ohio at his

office in the town of Delaware on the 5th day of July

A.D. 1862

This day the last Will & testament of Asher A. Davis

late of Delaware County & State of Ohio was produced in

open court and duly proven by the testimony of Thomas

K. Willcox and J.M. Stark the subscribing witnesses there to (as

reduced to writing & filed with said will) admitted to

Probate and ordered to be recorded as follows:

Copy of Will

I, Asher A. Davis believing it is the will of God that

I should soon depart this life do leave this as my last

will & testament

First - I will to my two oldest daughters Sarah & Ellen

the books about three hundred volumes which I have

already placed in their possession.

Second - I will the balance of my library about three

hundred volumes to my four little ones the children

of my present wife

Third - After paying my debts and funeral expenses I

will to my wife Adeline all of my other personal property

except my gold spectacles these I will to Sarah

Fourth - I will to my wife my home & lot No. 25 in

Sunbury. And it is my earnest desire that if she should

sell the property she should use the avails to purchase

land and that the deed of such land should be

given to her children I trust she will see the propriety

of this request

Fifth - I wish my body to be buried on the north

side of the Sunbury Graveyard as near as convenient

to some of the large trees that are on that side

with a plain forestim slab of sufficient dimensions

to cover the grave to be placed over it with out any

inscription or other monument except some should be for

a shade and a lodge for the birds

Sixth - It is my earnest desire that my daughter Sarah

should exercise a joint Guardianship with their mother

over her four children during their minority I believe

this will to be for the interest of my wife & her children

Finally I will my soul to God in whom I trust

In presence of Asher A. Davis

Thomas K. Willcox

J.M. Stark

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 121)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 121)

Description

[page 121]

[corresponds to labeled page 91 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Asher A. Davis decd

The State of Ohio Del. Co. Ss.

We Thomas K. Willcox and J.M. Stark being duly sworn

in open court this 5th day of July A.D. 1862 depose

and say that we were present at the execution of this

last will and testament of Asher A. Davis hereto

annexed that we saw said testator subscribe said

will and heard him publish and declare the same

to be his last will & testament and that the said

testator at the time of executing the same was of

full age and of sound mind and memory and not

under any restraint and that we signed the same

as witnesses at his request and in his presence

and in the presence of each other.

Thomas K. Willcox

Sworn to and subscribed ) J.M. Stark

before me this 5th day of )

July A.D. 1862 )

I. Ranney Pro. Judge


Last Will etc of Prudence Blinn decd

Proceedings held before Hon. R Ranney Probate Judge

within & for the County of Delaware & State of Ohio

at his office in the town of Delaware on the 19th day

of July A.D. 1862

This day the Last will & testament of Prudence

Blinn late of Delaware County and State of Ohio

was produced in open Court and duly proven by the

testimony of L. Tibbals & Wm J. Tibbals the subscribing

witnesses thereto (as reduced to writing and filed with

said will) admitted to Probate and ordered to be recorded

as follows

The State of Ohio

To John Cassaday & Reuben Mickel

of the County of Pomeshick State of Iowa

Greeting:

Know ye that we in confidence of your prudence &

fidelity have appointed you and by these presents do

give you or either of you full power and authority

to examine and take the deposition of Lincoln

Tibbals one of the subscribing witnesses to the will

of Mrs Prudence Blinn hereto annexed late of

Delaware County Ohio deceased. And therefore we

command you or either of you that at a certain

time and place to be appointed by you or either

of you you cause the said Lincoln Tibbals to
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 122)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 122)

Description

[page 122]

[corresponds to labeled page 92 of Will Records Vol. 4 - 1859-1869]

92. Last Will etc of Prudence Blinn decd

be brought before you or either of you and then and

there examine him on his corporal oath or affirmations

First taken before you or either of you touching the due

execution of the said will of the said prudence Blinn

and that you reduce to writing such examination

and return the same together with the will and

the said will of the said Prudence Blinn thereto

annexed closed up under your seals or the

seal of either of you unto our Court of Probate

with all convenient speed

Witness the seal of said Court & my

signature as Judge thereof at Delaware Ohio this

12th day of June A.D. 1862

I. Ranney Pro. Judge

Deposition of a witness produced and sworn on this 28th

day of June A.D. 1862 at the office of Reuben Mickel

in the town of Montezuma In the county of Pomeshick &

State of Iowa under & by witness of a commission issued

from the Probate Court of Delaware County, State of

Ohio and to us directed for the Examination of Lincoln

Tibbals as a witness in a certain matter pending in

said Probate Court touching the Probate and due

Execution of the Will of Prudence Blinn attached is

said Commission

The state of Iowa )

Pomeshick County SS )

I, Lincoln Tibbals of the County

of Pomeshick in the State of Iowa being sworn by

& before John Cassaday and Reuben Mickel

Commissioners duly appointed by the Probate Court

of Delaware County Ohio as aforesaid This 15th day

of June A.D. 1862 do depose and say that I was present at

the Execution of the last Will & Testament of Prudence

Blinn which said Will is attached to the commission

of the Probate Court of Delaware County Ohio in the

matter which commission and will is attached to the

paper upon which this deposition is written and upon

the book of which will the following words are indexed

"Filed June 11th 1862" & signed "I. Ranny Pro. J."

That I saw the said testatrix Prudence Blinn subscribe

said Will and heard her publish and declare the same to

be her last will & testament and that the said testatrix

Prudence Blinn at the time of executing the same was

of full age and of sound mind & memory and not under

any restraint And that I signed the same as witness

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 123)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 123)

Description

[page 123]

[corresponds to labeled page 93 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Prudence Blinn decd. 93

at her request and in her presence and in the

presence of William J. Tibbals whose name is also

subscribed to said Will as Witness

And I do further depose and say that the said

William J. Tibbals whose name is subscribed as

witness to said will signed the same as witness

and in her presence and in my presence

That said Wm J. Tibbals was my father that

I am well acquainted with his handwriting

and his signature and that his signature to

said will is genuine And that he is now

deceased having departed this life about the 29th

day of June A.D. 1859

The State of Iowa ) Lincoln Tibbals

Pomeshick County S. )

We John Cassaday & Reuben

Mickel Commissionare duly appoint by the Probate

Court of Delaware County State of Ohio are here in

before stated under and by virtue of the Commission

of said court which Commission is hereto attached

do hereby certify that the above named Lincoln Tibbals

was produced before us this day (which day was by

us previously appointed for that purpose) and was

by said Reuben Mickel first duly sworn to testify

the truth the whole truth and nothing but

the truth in his Examination of the Will of Prudence

Blinn which is attached to the said Commission

That the foregoing depositions by him subscribed was

reduced to writing by said Reuben Mickel one of

said Commissioners and by said witness subscribed

in our presence and taken at the time and

place and in the manner herein before mentioned

In testimony whereof we have hereunto set our hands

and Seals as Commissioners as aforesaid this 25th day

of June A.D. 1862

John Cassaday [Seal]

Reuben Mickel [Seal]

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 124)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 124)

Description

[page 124]

[corresponds to labeled page 94 of Will Records Vol. 4 - 1859-1869]


94 Last Will etc of Prudence Blinn decd

Probate Court Delaware Co. O.

Samuel W. Tibbals being duly sworn in open Court

says he is a son of Wm. J. Tibbals decd whose name

appears as subscribing witness to the foregoing will of

Prudence Blinn that he was well acquainted with

the handwriting of said Wm. J. Tibbals & has

frequently seen him write his name & that the

signature of said Wm. J. as subscribing witness to

said will is genuine & that said Wm. J. Tibbals

died in 1859

Samuel W. Tibbals

Sworn to & subscribed before me July 17th 1862

Copy of Will

Delaware Nov 11th 1857

By this last will & testament of mine I hereby bequeath

all the money and property to me belonging to Emily

Wm. Sophia Hony Pamela Tibbits and Sarah H

Davis to be equally divided between them And I hereby

appoint Wm Davis my administrator

Prudence Blinn

Signed in the presence of L. Tibbals, Witness

Mrs Prudence Blinn

and at her request by

Wm. J Tibbals, witness

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 125)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 125)

Description

[page 125]

[corresponds to labeled page 95 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Isaac Harrison decd 95

Proceedings held before Hon. I. Ranney Probate

Judge within and for the County of Delaware

and State of Ohio at his offices in the

town of Delaware on the 21st day of August

A.D.1862

The Commissioner hereafter issued with the

will of said Harrison attached to take the

deposition of John Wilson one of the subscr-

-bing witnesses to said Will was this day

produced in open court & filed & it appearing

to the satisfaction of the court as well by

the said deposition of the said John Wilson

as also by the testimony of John W.

Thomson the other subscribing witness to

said will taken in open court reduced to

writing and filed with said will bring by

said witness first signed that said testator

at the time of executing said will as of full

age, of sound mind and memory & not under

any restraint & that said will was duly

attested & executed it is ordered that said will

and testimony be recorded

Copy of Will

In the name of God Amen

I Isaac Harrison of the township

of Berlin Del. Co . Ohio Being of sound

mind & memory and sensible of the uncert-

tainties of life do make and publish this my

last will & testament - To wit:

First - I give devise and bequeath to my

dear wife Comfort all the household

property and one horse and buggy &

harness. And all the horned cattle and hogs

& one half of the sheep that are left on the

place more or less except each things as

shall be hereafter named & directed other

Second - I give devise and bequeath to my

Grand-daughter Roxanne Harris two

hundred (200) dollars to be paid to her when

she arrives at Eighteen years of age - If

she should die before she arrives at the age

of eighteen years I then want it to be

divided among my children equally

and further I wish my Executors to pay my

Granddaughter Roxanne Harris the balance
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 126)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 126)

Description

[page 126]

[corresponds to labeled page 96 of Will Records Vol. 4 - 1859-1869]


96 Last Will etc of Isaac Harrison decd

of the two hundred dollars from the time of my death

annually until she shall receive the principal

Third - I give and bequeath to my Grand-daughters

Margaret Jane McDaniel one dollar to be paid

immediately after my decease in Money

Fourth - I give and bequeath unto my Grand-

daughter Rachel Jane Besi (197) one hundred

ninety seven dollars with interest from the 1st

January 1852. To be paid out of James Harris

dividend It being the amount of money

has received as Guardian of the aforesaid

Rachel for which has not accounted

Fifth - I give devise and bequeath unto my wife

Comfort all the hay & grain on the place at

the time of my decease

Sixth - After all my honest debts & expenses

are paid from my monies & credits and respectable

Tomb items are placed on the grave of my wife

Hester and my own. I then give devise & bequeath

unto my four children - viz John Harrison Wm

Harrison Lucinda Harris and James Harrison

all the balances of my property both real

and personal to be equally divided among them with

the exception of my Bed and Bedding Dinner

Table and Farm Wagon which I wish William

Harrison to have & therefore give them to him

Lastly I hereby nominate & appoint Charles Stein

-beck and William C. Harrison of Delaware Co.

Ohio Executors of this my last will & testament

In witness whereof I have hereunto set my hand

and seal this fourth day of March in the year

of our Lord one thousand Eight-hundred & fifty

six

Signed Sealed Published & ) Isaac Harrison [Seal]

acknowledged by the said )

Isaac Harrison to be his )

last will & testament In )

our presence and signed by )

me in his presence )

John W. Thompson )

John Wilson )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 127)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 127)

Description

[page 127]

[corresponds to labeled page 97 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Isaac Harrison decd 97

I John W. Thomson being duly sworn in open court

this 1st day of August A.D. 1862 depose and

say that I was present at the execution of the

last will & testament of Isaac Harrison hereto

annexed that I saw the said testator subscribe

said will and heard him publish and declare

the same to be his last will and testament

and that the said testator at the time of

executing the same was of full age and of

sound mind and memory and not under

any restraint and that I signed the same

as witness at his request and in his pres-

-ence and in the presence of John Wilson

the other subscribing witness who signed the

same in my presence & at the request &

in the presence of said testator

John W. Thompson

Sworn to and subscribed before me this 1st

day of August A.D. 1862

I. Ranney Pro. Judge

The State of Ohio

To John J. Monell Esq Greeting

Know ye that we in confidence of your pru

dence and fidelity have appointed you & by

these presents do give you full power and

authority to examine and take the deposition

of John Wilson one of the subscribing witnesses

to the will of Isaac Harrison hereunto annexed

late of Berlin Tp Delaware County Ohio

And therefore we command you shall at

certain days and places to be appointed by

you, you cause the said John Wilson to be

brought before you and then and there examine

him on his Corporal oath or affirmation first

taken before you touching the due execution

of the said will of the said Isaac Harrison

& that you reduce such examination to

writing and return the same together with

this will & the said will of the said Isaac

Harrison thereto annexed closed up under

your seal into our Court of Probate at Del.

Del. Co. Ohio with all convenient speed

Witness I. Ranney Judge and

the seal of said Court at

Delaware O. Ohio 1st day of

Aug. 1862 I. Ranney

Pro. Judge of Del. Co.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 128)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 128)

Description

[page 128]

[corresponds to labeled page 98 of Will Records Vol. 4 - 1859-1869]


98 Last Will etc of Isaac Harrison decd

State of New York

Orange County S.S. - John Wilson of Newburg

in said County of Orange being duly sworn before

me this 18th day of August - 1861 doth depose &

say that he was present at this execution of the

last will & testament of Isaac Harrison hereto

annexed that he saw the said testator subscribe said

will and heard him publish and declare the

same to be his last will and testament and

that the said testator at the time of executing

the same was of full age and sound mind &

memory and not under any restraint and that

he this deponent signed the same as witness at his

request and in his presence and in the presence

of John W. Thomson the other subscribing witness

who signed the same in the presence of this de

ponent at the request and in the presence of said

testator

Sworn to and subscribed before me this 18th day

of August 1862

John J. Monell

Judge of Orange County

State of New York

State of New York

Orange County S.S.

In pursuance and by witness of the

annexed commission issued out of the Probate Court

in and for the County of Delaware State of Ohio

directed to me by which full power and authority

are given to me to examine and take the deposition

of John Wilson one of the subscribing witnesses to the

last will of Isaac Harrison late of Berlin Township

Delware Co. Ohio. hereto annexed. I John J. Monell

County Judge of Orange County in the State of New

York Do hereby certify that I did on the 18th day of August

1862 cause the said John Wilson to be brought before

me at my office in the village of Newburgh in

said County of Orange State of New York and

did then & there examine him in his oath first

taken before we touching the due execution of the same

will of the said Isaac Harrisions that I also caused

that said examination to be reduced to writing and

that the same is hearto annexed signed by him

and sworn to before me

In witness whereof I have hereunto set my hand

and caused that seal of said Court to be applied

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 129)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 129)

Description

[page 129]

[corresponds to labeled page 99 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Isaac Harrison decd 99

by the Clerk of the County of

Orange this 18th day of Aug.

A.D.1862

John Monell

County Judge of Orange Co.

State of New York

State of New York }

Orange Co. Clerks office } Ss.



I D.C. Winfield Clerk of

Orange County and also Clerk of the county

Court of said County and one of the clerks

of the Supreme Court of said state (courts of

Record) do hereby certify that John J. Monell

whose name is subscribed to the certificate of

the proof of acknowledgement of the annexed

instrument and thence written was at the

time of taking such certificate of proof or

acknowledgement- County Judge in & for said

County dwelling in said County commissioned

and know and duly authorize to take this

same and further that I am well acquainted

with the hand writing of it the said John

J. Monell and mainly believes that the signatures

to the said, certificate of proof or acknowledge -

-ment is genuine and that the annexed in-

-strument is executed and acknowledged in

comformity to the laws of each said state

In testimony whereof I have

hereunto subscribed my name and af-

fixed the seal of the said courts and

county at Goshen this 18th day of August

1862

Interlineation & Erasures Minde

before signing

D.C.Winfield - clerk
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 130)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 130)

Description

[page 130]

[corresponds to labeled page 100 of Will Records Vol. 4 - 1859-1869]


100 Last Will etc of Elizabeth McCoy decd

Proceedings held before Hon. I. Ranney Probate Judge

within & for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 27th day of

Sept. A.D. 1862

This day the last will & Testament of Elizabeth McCoy

decd late of Delaware co. & state of Ohio was produced in

open courth and duly proven by the testimony of him

Tomy & Martha Tomy the subscribing witnesses thenunto

(as reduced to writing & filed with said will) admitted to

Probate & ordered to be recorded as follows"

Copy of Will

In the name of the Benevolent Father of All.

I Elizabeth McCoy of the town of Delaware

in the state of Ohio do make & publish this my last

will & testament

I give & devise to my son James McCoy the

two thirds of about two & one third acres of land being

a part of out lot No.16 in the incorporated town of

Delaware (and in the south part known as South

Delaware) And bounded and described as Fourth

- North by Lorenzo Farmers Lot East by the land

of Reuben Lamb decd - South by Charles Heller

Bran & on the West by landmarker thirty

I give and devise to my daughter Elisabeth D.

McCoy the remaining third of the lot afore-

said to be divided in such a manner so as

to give to the said James the two thirds of the

farm & to the said Elizabeth the remining third

of the farm - But if the said Elizabeth should

decease without issue her said third is to send

Thos. W. & William McCoy each a copy of

the holy Bible worth three dollars and also to

the heirs of my deceased daughter Ruth each

a copy of the Holy Bible worth two dollars - I

do hereby revoke all former wills that I have made

I do hereby nominate & appoint James

T. W. Mccoy Executor of this my last Will

& Testament I do authorize and empower them

to convey in fee simple the aforesaid lands

In Testimony whereof I have hereunto set my

hand and seal this 31st day of March in

the year A.D. 1855

Elizabeth McCoy [Seal]

Signed and acknowledged by said Elizabeth

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 131)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 131)

Description

[page 131]

[corresponds to labeled page 101 of Will Records Vol. 4 - 1859-1869]


McCoy as her last will and testament 101

in our presence - and signed by us in

his presence

Wm Tomy

Martha Tomy

The State of Ohio Del. Co. Ss

We Wm Tomy and Martha Tomy being

duly sworn in open court this 27th day of

Sept. A.D. 1862 depose and say that we were

present at the execution of the last will

and testament of Elizabeth McCoy hereto

annexed: that we saw the said testator sub-

scribe said will and heard her publish

and declare the same to be her last will

& testament and that the said testatrix

at the time of executing the same was of

full age and of sound mind and memory

and not under any restraint and that

we signed the same as witnesses at her

request and in her presence and in

the presence of each other

WM Tomy

Martha Tomy

Sworn to & subscribed before me this 27th

day of Sept. A.D. 1864

I. Ranney Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 132)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 132)

Description

[page 132]

[corresponds to labeled page 102 of Will Records Vol. 4 - 1859-1869]

102


Commencement of the Record by

Thomas W. Powell Probate Judge

November 3rd, 1862

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 133)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 133)

Description

[page 133]

[corresponds to labeled page 103 of Will Records Vol. 4 - 1859-1869]


Record of the will of Edward J.C. Selleck decd 103

Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the eighth day of December

A.D. 1862

This day the last will and testament of Edward J.C. Selleck, late

of this county decd, was produced in open court, and was duly proven

by the testimony of Ezra Griswold and Mahala Griswold, the subscribing

witnesses thereto, (which was reduced to writing and filed with the same)

was admitted to probate and ordered to be recorded, which is

as follows:

Copy of the will

Know all men by there presents that I Edward J.C. Selleck of

Delaware Township and County, Ohio; do hereby, constitute and appoint

Edward Selleck of the same County and State, my attorney, for me and in my

name, to bargain sell and convey, in fee simple, by deed of general warrant for each

piece, upon such terms of credit, and to such person or persons, as he shall think fit,

the whole, or any part, of all the real estate owned by me, in Delaware Township and

County, Ohio. Hereby ratefing and confirming all such bargains, receipts for

in the premises, by my said attorney, the same as if I were personally present and

did the same.

I do also hereby authorize my said attorney for me and in my name, and

for my use, to collect, by suit or otherwise, and upon payment to him to receipt for

all debts or demands whatever due or owing to me.

Whatever my said attorney shall lawfully do in the premises. I do hereby

confirm the same as if I was personally present and did the same. And

where as I have enlisted in the military service of the United States of America

as a volunteer, for the term of three years, or during the present war should it happen

that by any act of Providence or other casualty, I should die during said term. I

hereby bequeath to my Father and attorney as above, all said property real, and

personal, together with all accruing dues for my service that may be due at

my decease.

In witness whereof I have hereunto set my hand and seal, this twenty

seventh day September A.D. 1861

Signed and resealed in ) Edward J.C. Selleck [Seal]

presence of E. Griswold )

Mahala Griswold )

The State of Ohio Delaware County, Ss

Before me E Griwold a Notary Public, in and for said County personally

appeared the above named Edward J.C. Selleck and acknowledge the signing

and sealing of the above instrument to be his voluntary act and deed, this 27th

day of September A.D. 1861

[SS] E.Griswold, Notary Public

December 5th 1862

Last will of Edward J.C. Selleck decd

This day Edward Selleck produced the last will of his son Edward

J.C. Selleck decd for probate purporting to be a power of attorney to

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 134)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 134)

Description

[page 134]

[corresponds to labeled page 104 of Will Records Vol. 4 - 1859-1869]


104 The Will of Edward J.C. Selleck decd

his father and also his last will and bequest bearing date September

27th 1861 with Ezra Griswold and Mahala Griswold as witnesses to the

execution of the same. Thereupon Ezra Griswold was sworn and examined

in open Court, who testified to the due execution of the will which was

reduced to writing and filed. And it appearing that said Mahala

Griswold was a resident of Columbus, in Franklin Co. a commission was

issued to the Probate Judge of Franklin Co. to take her testimony and

report to this Court.

T.W. Powell Probate Judge

The State of Ohio Delaware County, Ss

We Ezra Griswold & Mahala Griswold being duly sworn in open court

this 5th day of December A.D. 1862 depose and say that we were present

at the execution of the last will and testament of Edward J.C. Selleck

hereto annexed purporting to be a power of attorney to Edward Selleck his

father and also his will that we saw the said testator subscribe said will

and heard him publish and declare the same to be his last will and

testament, and that the said testator at the time of executing the same was

of full age, and of sound mind and memory, and not under any restraint

and that signed the same as witnesses at his request and in his presence

and in the presence of each other, said will bearing date September 27th,

A.D. 1861

Ezra Griswold subscribed and swore to the above and was fully

examined in open court this 5th day of December A.D. 1862 by me

T.W. Powell Probate Judge

The State of Ohio )

Delaware County S.S. )

To the Probate Judge in and for the County

of Franklin, Ohio. Greeting...

The Probate Court in and for the County of Delaware placing special

confidence in your itegrity and abilities do hereby authorize and empower

you to take the deposition of Mahala Griswold one of the witnesses of

the will of Edward J.C. Selleck herewith sent you bearing date the 27th

day of Septemeber A.D. 1861 and witnessed by Ezra Griswold and the

execution of the said will to writing, and then seal up the same

together with the will and return the same properly directed to this

Court. In witness whereof I Thomas W. Powell Probate

Judge of said County of Delaware this 5th day of
[L.S.]
December A.D. 1862 have hereto affixed my signature

and the seal of the Probate Court.

T.W.Powell Probate Judge

The State of Ohio. Franklin County, Ss.

Probate Court December 6th A.D. 1862

Deposition of Mahala Griswold a subscribing witness to the will

of Edward J.C. Selleck hereto attached - in pursuance of the annexed

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 135)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 135)

Description

[page 135]

[corresponds to labeled page 105 of Will Records Vol. 4 - 1859-1869]


The Will of Edward J.C. Selleck decd 105

commission issued out of the Probate Court of Delaware County, Ohio.

Mrs. Mahala Griswold of lawful age of Franklin County, Ohio

being first by me duly sworn to speak the truth the whole truth and nothing

but the truth in reference to the execution of the said last will and

testament of Edward J.C. Selleck - deposes as follows.

I Mahala Griswold being duly sworn in open Court depose and say

that I was present at the execution of the last will and testament of

Edward J.C. Selleck decd hereto annexed - that I saw the said testator

subscribe said instrument of writing and heard him publish and declare

the same to be his last will and testament and that the said

Edward J.C. Selleck at the time of executing the same was of full

age and of sound mind and memory and not under any restraint

and that I signed the same as a witness at his request and in his

presence and also in the presence of E. Griswold

Mahala Griswold

I hereby certify that the foregoing deposition of Mahala Griswold was

reduced to writing by me and subscribed by her in my presence at

the Probate Court House in the City of Columbus on the 6th day of

December A.D. 1862

In testimony whereof I have hereto set my hand

[L.S.] and affixed the seal of the Probate Court of

Franklin Co. at Columbus this 6th day of

December A.D. 1862

H.B. Albery

Probate Judge of

Franklin County Ohio

December 8th 1862

Will of Edward J.C. Selleck decd

This day the commission herein heretofore issued to the Probate Judge of

Franklin County Ohio was duly returned with the deposition of Mahala

Griswold the record witness to the said will, proving the due execution of

the said will by the said Edward J.C. Selleck. There upon it is considered

that the execution and publication of the said will as the last will and

testament of the said Edward J.C. Selleck decd is fully proved and

the same is ordered to be recorded as such.

December 8th 1862 T.W. Powell Probate Judge


Estate of Edward J.C. Selleck Decd

This day on motion of Edward Selleck it is ordered that letters of

administration on the estate of his son Edward J.C. Selleck decd with

the will annexed was issued, and it appearing that he is the residuary

legatee in the said will Bonds was accepted in the sum of $200 executed

by said Edward Selleck as principal and Benjamin W. Hartley and

Charlie Styer his sureties, conditioned that he pay all the debts and

leagacies of the said testator and he is there for excused and not requi

red to return an inventory of said estate

T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 136)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 136)

Description

[page 136]

[corresponds to mislabeled page 104 of Will Records Vol. 4 - 1859-1869]

104. The Will of James Cellar decd.

Proceedings had before Thomas W. Powell Judge of their

Probate Court in the county of Delaware and State of

Ohio, at his office in the town of Delaware 2d

day of May A.D. 1863.

This day the last will and testament of James Cellar late

of the said county of Delaware decd. was produced in open court

and was duly proved by the testimony of Thomas C. Gillies and

Maria Gillies, the Subscribing witnesses thereto, which was reduced to

writing and filed with the secured was admitted to probate and

ordered to be recorded, which is as follows, to wit:

Copy of the Will.

In the name of the Benevolent Father of All.

I, James Cellar of Delaware County, do make and publish this

my last will and testament.

Item 1st. After my lawful debts are paid and twenty dollars

to the American Bible Society, I give and devise to my beloved

wife the one third part of my estate.

Item 2d. I devise and bequeath to my son James D. Cellar

fifty dollars.

Item 3d I, devise and bequeath to my three daughters, Cornelia

J. Cellar, Sarah M Cellar and Elizabeth D.Cellar, all the remain-

ing part of my estate, to be equally divided between them, my

said three daughters.

Item 4th I do hereby nominate and appoint Thomas J. Cellar

and Soloman Harden executors of this my last will and testament;

hereby authorizing and empowering them to compromise, adjust,

release and discharge in such manner as they may deem proper,

the debts and claims due me. I do also authorize and empower

them. if it shall become necessary in order to pay my debts, to sell

by private sale, or in such manner, upon such terms or credit,

or otherwise, as they may think proper, all or any part of my real

estate, and deeds to purchasers to execute, acknowledge and deliver

in fee simple.

In testimony whereof I have hereunto set my hand and seal

this day of A.D. 1856

Signed and acknowledged by said James Cellar (signed) James Cellar

as his last will and testament in our presence

and signed by us in his presence.

T.C. Gillies

Maria Gillies.

Probate Court, May 2d 1863.

Will and Estate of James Cellar decd.

This day Thomas I. Cellar and Solomon Harden executors of their

last will and testament of James Cellar decd. appeared in Court

and asked for the Probate and admission to records of the will.

And Thomas C. Gillies and Maria Gillies having appeared in Court on

the twenty fifth day of April last passed, who were the witnesses to the

said will, who were duly sworn and testified to the due execution of
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 137)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 137)

Description

[page 137]

[corresponds to mislabeled page 105 of Will Records Vol. 4 - 1859-1869]

The Will of James Cellar decd. 105


the said Will, and whose testimony is reduced to writing and now

on file. The said Will is therefore declared duly proved and admitted

to record as such; and letters testamentary are granted to the said

Thomas J. Cellars and Solomon Harden as executors of the said

will and testament, said Executors having given bonds in $2000.

with Regus W. Gray and Nathan C. Harden their sureties, which are

accepted & filed; and thereupon they were duly sworn and letters issued

to them. Philaster C. Buel, Minor P. Tone and John P. Gray were

appointed appraisers of the said estate.

T.W. Powell Probate Judge.


The State of Ohio, Delaware County ss.

We Thomas C. Gillies and Maria Gillies being duly sworn in open

Court this 25th day of April A.D. 1863, depose and say that they were

present at the execution of the last will and testament of James Cellar

hereto accepted; that we saw the said testator subscribe said Will and heard

him publish and declare the same to be his last will and testament,

and that the said testator at the time of executing the same was of full

age, and of sound mind and memory and not under any restraint, and

that we signed the same as witnesses at his request and in his presence

and in the presence of each other.

(signed) T.C. Gillies.

Maria Gillies.

sworn to and published before me 25th day April A.D. 1863.

T.W. Powell Probate Judge



Will of Peter Darst decd.

Proceedings had before Thomas W. Powell judge of their

Probate Court in and for the county of Delaware and State of

Ohio, at his office in the Town of Delaware on the 14th day

of May A.D. 1863.

This day the last will and testament of Peter Darst late

of Radnor in this county decd. was produced in open court

and was duly proved by the testimony of Elias George one of the witnesses

thereto, and the testimony of Joseph C. Cox, John N. Cox, the other witness

thereto being decd. which testimony was duly reduced to writing and

filed with the same, and it appearing that the said will was duly

attested and executed; and that the testator at the time of executing

the same was of full age, and of sound mind and memory

and not under any restraint; and the said will was duly admitted to probate

and ordered to be recorded, which is as follows, to wit:

Copy of the Will.

In the name of God, Amen.

I, Peter Darst of the County of Delaware and State of Ohio,

who am feeble in body, but of a sound mind, do make and

publish my last will and testament in manner and form following-

1st. That all my just debts and funeral expenses by paid.

2d. I give and bequeath to my wife Sarah Darst the
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 138)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 138)

Description

[page 138]

[corresponds to page 106 of Will Records Vol. 4 - 1859-1869]


106 Will of Peter Darst decd May 14 1863

the farm on which we live, and all the appurtenances there

unto belonging, with all the household property and every thing

I possess, and any outstanding notes or debts, belonging to me

and she may will or sell the property according to her dis-

-cretion.

3rd I do hereby nominate appoint my wife Sarah Darst

executrix of this my last will and testament, to discharge

every thing contained therein.

I do revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and

seal this 19th March in the year of Lord 1861.

Signed & Acknowledged by said (Signed) his

Peter Darst in our presence Peter x Darst [Seal]

and signed by us in his presence. mark

Elias George

John N. Cox.

Copy of the testimony reduced to writing.

The State of Ohio, Delaware County Ss.

I Elias George being duly sworn in open Court, this 16th

day of May A.D. 1863, depose and say that we (he and John N. Cox were

present at the execution of the last will and testament of Peter Darst

hereto annexed; that we saw the said testator subscribe said will, we

heard him publish and declare the same to be his last will and

testament, and that the said testator at the time of executing the same

was of full age, and of sound mind and memory, and not under any

restraint and that we signed the same as witnesses at his request

and in his presence and in the presence of each other; and that

John N. Cox who then & there signed the same as witness has now

departed this life; on or about May 10, 1862

(Signed) Elias George

Sworn to and subscribed before me this 14th day of May A.D. 1863

T.W. Powell Probate Judge

The State of Ohio Delaware County Ss. I Joseph E. Cox being

duly sworn upon my oath say that I am the son of John

N. Cox whose name and signature is subscribed as a witness

to the will of Peter Darst decd was here produced and sworn to

by Elias George another witness thereto; that said John N. Cox died

on or about the 10th day of May 1862 that I have examined the

signature of said John N. Cox to said will, that I am well acquainted

with his hand writing, and say that the said signature is his genuine

hand writing, and there can be no doubt that he witnessed the execution

of this said will and witness the same as there states.

(signed) Joseph C. Cox

Sworn to & subscribed before me this

14th day of May 1863 T.W. Powell Probate Judge


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 139)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 139)

Description

[page 139]

[corresponds to labeled page 107 of Will Records Vol. 4 - 1859-1869]


Will of Jesse Hults decd May 14th 1863 107


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his

office in the town of Delaware on the 14th day of May A.D. 1863

This day the last will and testament of Jesse Hults of Berlin

Township in the said county decd. Was produced in open court

and was duly proved by the testimony of Nancy Anne Emerson one of

the witnesses thereto, and the testimony of Robert Faris/Silas Emerson the

other witnesses thereto being deceased which testimony was duly reduced to

writing and filed with the same; and it appearing that the said will

was duly attested and executed and that the testator at the time of

executing the same was of full age and of sound mind and memory

and not under any restraint and the said will was thereupon duly

admitted to probate and ordered to be recorded which is as follows

to wit: -

Copy of the Will

I Jesse Hults of the township of Berlin and county of Delaware

& State of Ohio do hereby make and publish this my last will & testament -

1st I give and devise to my son Raymond Hults the one third

part of my estate both real and personal situate in the township

and county above named subject to the conditions herein following -

2nd I give and devise to the legal heirs of my daughter Nancy

Sackeider the one third part of my estate both real and personal

situate as aforesaid to be equally divided between said heirs subject

to the conditions following herein

3rd I give and devise to the legal heirs of my son James Hults

to be equally divided among them the one third part of my estate

situate as above stated, both real and personal subject to the

conditions following herein.

4th Provided my wife Phebe Hults should survive me then she

to have the use of the one third of my property above divided so

long as she shall remain my widow, when it shall pass from

her the said Phebe Hults according to the provisions herein

then said third to be divided according to the first distribution herein.

5th I do hereby nominate and appoint Raymond Hults and Martin

Hults as executors of this my last will and testament hereby auth-

=orizing them to do and perform all things necessary which by law and

executors they may do. In testimony hereof I have hereunto

set my hand and seal this eighth (8) day of April A.D. 1861.

(signed) Jesse Hults [Seal]

Signed by said Jesse Hults in

our presence & by us in his presence

(Signed) Nancy Ann Emerson.

Silas Emerson.

Record of the testimony.

The State of Ohio, Delaware County SS.

I Nancy Ann Emerson being duly sworn in open court

this 14th day of May A.D. 1863, depose and say that we this affiant and

her husband Silas Emerson dec. were present at the execution

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 140)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 140)

Description

[page 140]

[corresponds to labeled page 108 of Will Records Vol. 4 - 1859-1869]


108 Will of Jesse Hults dec. May 14th 1863.


of the last will and testament of Jesse Hults hereto annexed

that we saw the said testator subscribe said will and heard him pub-

-lish and declare the same to be his last will and testament , and

the said testator at the time of executing the same was of full

age, and of sound mind and memory and not under any restraint

and that we signed the same as witnesses at his request and in his

presence and in the presence of each other. And further say that

said husband Silas Emerson departed this life on or about March

25th 1863.

(Signed) Nancy Ann Emerson.

Sworn to and subscribed before me this 14th day of May A.D. 1853.

F. W. Powell Probate Judge.

The State of Ohio, Delaware County S.S.

Robert Faris being duly sworn in open court upon his

oath says that I was well acquainted with Silas Emerson who

was one of the witnesses to the will of Jesse Hults and well acquainted

with his hand writing, having frequently seen him write, that said

Silas Emerson departed this life on or about the 25th day of March

1863. That I have examined his signature as witness to the said

will hereto annexed and say it is his hand writing and signature,

and that there can be no doubt but that he duly witnessed the

same. Since Jesse Hults died on or about the 6th day of March

the present month, that for the last twenty two years previous to his

death he was acquainted with said Hults having during that time

lived his neighbors and always during that time believed him

to have been a man of sound mind and memory and capable of

making his will.

(Signed) Robert Faris

Sworn to and subscribed before me,

this 14th day of May 1863. T. W. Powell Probate Judge


Record of the Will of Peter Collum dec'

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and the State of Ohio

at his office in the town of Delaware on the 21st day of May 1863.

This day the last will and testament of Peter Collum late of Kingston

Township in the said county dec' was produced in open court and

was duly proved by the testimony of Jonas Waldron and Robert Ferguson

two of the subscribing witnesses thereto, which testimony was reduced to writing

and filed with the same, and it appearing that the said will was duly

attested and executed, and that the testator at the time of executing the

same was of full age, of sound mind and memory, and not under

any restraint; the said will was therefor duly admitted to probate

and ordered to be recorded, which is as follows, to wit-

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 141)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 141)

Description

[page 141]

[corresponds to labeled page 109 of Will Records Vol. 4 - 1859-1869]


The Will of Peter Collum dec' May 21, 1863. 109

Copy of the Will: -

I Peter Collum of the Township of Kingston in the County

of Delaware and State of Ohio, being weak in body but of sound mind

and memory and considering the uncertainty of this transitory existence

do make and ordain this my last will and testament in manner

and form following, to wit-

First. I give my body to the earth to be buried in a decent and

Christian like manner. And my spirit to God who gave it. And as

to such worldly goods and estate as it had pleased Almighty God to bless

me with, I give and bequeath in manner and form following (viz)

First I give and bequeath to my beloved wife Rhoda Collum all

my estate both real and personal after paying my funeral and

other expenses to have the full and entire control thereof during

her natural life or widowhood even to the selling and conveying real

estate should she find it necessary for her support and at her, my said

wife's decease, what there remains of my real or personal estate, I give

and bequeath to my five children as hereinafter named.

Second. I give and bequeath to my son Thomas A. the sum of two

hundred dollars.

Third. I give and bequeath to my daughter Mary V. Cregg the sum of

one hundred dollars.

Fourth. I give and bequeath to my daughter Sarah E. the sum of

one hundred dollars.

Fifth, I give and bequeath to my son Milan A. the sum of one

hundred dollars.

And the residue of my estate I give and bequeath and hereby

ordain to be equally divided amongst my five children, viz: -

Thomas A. Collum, Mary U. Cregg, Sarah E. Collum, Milan A. Collum and Katherine White

Sixth, And for the purpose of executing and fully carrying out the

provisions of the foregoing will and testament I hereby nominate

ordain and appoint my beloved wife, Rhoda Collum & Sylvester

Wigton sole executors of this my last will and testament. To which

I hereby set my hand and seal this fifth day of January in the year

of our Lord one thousand eight hundred and sixty three.

(Signed) Peter Collum [Seal]

Signed and sealed in the presence of us

Jonas Waldron

Robert Ferguson.

Record of the testimony.

The State of Ohio, Delaware County S.S. We Jonas Waldron and

Robert Ferguson being duly sworn in open court this 21st day of May A.D. 1863, depose

and say. that we were present at the execution of the last will and testament of Peter Collum

hereto annexed; that we saw the said testator subscribe the said will, and heard him

publish and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was

of full age, and of sound mind and memory, and not under

any restraint and that we signed the same as witnesses

(Over)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 142)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 142)

Description

[page 142]

[corresopnds to labeled page 110 of Will Records Vol. 4 - 1859-1869]


110 The Will of Peter Collum dec' May 21st 1863.

as witnesses at his request and in his presence, and in the

presence of each other.

(signed) Jonas Waldron

Robert Ferguson

Sworn to and subscribed before me this 21st day of May A.D. 1863.

T. W. Powell Probate Judge


Record of the Will of Sherman Fairchild dec'


Proceedings had before Thomas W. Powell Judge

of the Probate Court in & for the said County of Delaware

and State of Ohio, at his office in the Town of Delaware

on the 22nd day of May 1863.

This day the last will and testament of Sherman Fairchild

late of Harlem Township in the said County dec' was pro-

-duced in open court, and was duly proved by the testimony

Lyman B. Hanover and John Cook the two subscribing

witnesses thereto, which testimony was reduced to writing and

filed with the same, and it appearing that the said will was

duly attested and executed, and that the testator at the time of

executing the same, was of full age, of sound mind and

memory and not under any restraint, this said will was

therefor duly admitted of record and proved as the last

will and testament of the said Sherman Fairchild dec' to wit


Copy of the Will.

"Be it remembered that I sherman Fairchild of the County

of Delaware and State of Ohio and of the Township of Harlem

do make and publish this as my last will and testament.

1st I hereby authorize my beloved wife to pay all my just

debts, funeral expenses and other necessary expenses at the

time of my decease.

2nd I give and bequeath unto my beloved wife all my

real estate and all my personal property or both real and

personal, that may belong to me at the time of my death

to belong to her, and be disposed of by her as she may see

proper, after paying said debts and other necessary expenses.

3rd I do hereby nominate and appoint my Hulda Fairchild

my beloved wife executor of this my last will and testament

I desire that no appraisement and no sale of my personal

property be made, and that the court of probate direct the

omission of the same in pursuance of the Statute.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto my hand and seal

this 11th day of October AD. 1859.

[Signed] Sherman Fairchild [Seal]
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 143)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 143)

Description

[page 143]

[corresponds to labeled page 111 of Will Records Vol. 4 - 1859-1869]


The Will of Sherman Fairchild dec' May 22nd 1863. 111

Signed and acknowledged by said Sherman Fairchild

as his last will & testament in our presence and

signed by us in his presence.

[Signed] John Cook.

L. B. Hanover

Record of the testimony.

The State of Ohio, Delaware County SS.

I Lyman B. Hanover one of the witnesses to the will

of Sherman Fairchild, being duly sworn in open court this

eighteenth day of May A.D. 1863 depose and say that we

the deponant and John Cook were present at the execution

of the last will and testament of Sherman Fairchild hereto annexed

that we saw the testator subscribe said will, and heard him publish

and declare the same to be his last will and testament and that the

said testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint and that

we signed the same as witnesses at his request and in his presence

and in the presence of each other. (signed Lyman B. Hanover

Sworn to and subscribed before me this 18th day

of May A.D. 1863. T. W. Powell Probate Judge

The State of Ohio, Delaware County SS.

I John Cook being duly sworn in open court this 22nd

day of May A.D. 1863 depose and say that we this deponant and

Lyman B. Hanover were present at the execution of the last will

and testament of Sherman Fairchild hereto annexed, that we

saw the said testator subscribe said will (or heard him acknowledge

the same to be his signature) and heard him publish and

declare the same to be his last will and testament, and that

the said testator at the time of executing the same was of

full age, and of sound mind and memory and not under any

restraint, and that we signed the same as witnesses at his

request and in his presence, and in the presence of each

other. (Signed) John Cook.

Sworn to and subscribed before me this 22nd day

of May A.D. 1863 T. W. Powell Probate Judge

Record of the Commission to take the election of

Hulda Fairchild the widow.

It appearing to the court that said Hulda Fairchild the

widow is unable to appear in Court to make her election

under the said will, on the account of ill health, this Court gran

=ted a commission to Lyman B. Hanover of Harlem

Township to take her election, and from the return thereto it

appears and so the Court finds that the said widow makes

her election to take under the said will, which commission

and proceedings thereon had are as follows, to wit:
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 144)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 144)

Description

[page 144]

[corresponds to labeled page 112 of Will Records Vol. 4 - 1859-1869]


112 The will of Sherman Fairchild decd. May 25, 1863

The State of Ohio )

Delaware County SS. )

To Lyman B. Hanover Esqr

Sir,

Placing special confidence in your

capacity and honesty, the undersigned, Thomas W. Powell judge

of the Probate Court in and for the said county do hereby

commission and authorize you to take the declaration

of Hulda Fairchild widow of Sherman Fairchild late of

Harlem Township in this county decd. whether she chooses

to take under the last will and testament of said Sherman

Fairchild decd. or not; a copy of the said will is hereto annexed

and it shall be your duty to explain to her the provisions

of the will, her right under it, and by law in the event of

refusal to take under the will and

will take her election to take under the will or not

in writing signed by her; and return the same forthwith

to this court.

In testimony whereof I have herewith set

[S.L.] my hand and seal of this court, this 22nd day of

May 1863. T.W. Powell Probate Judge

Return thereto.

In pursuance to the requisition of the foregoing County

the undersigned has taken the election of Mrs. Hulda Fairchild

whether she wants take under the will of her husband Sherman

Fairchild or not, to which the answers as follows.

I, Hulda Fairchild aforesaid do hereby make my election

under the said will of the said Sherman Fairchild as follows.

I elect to - take under the said will as witness my hand

attest. her

John Cook ) (signed) Hulda x Fairchild

L.B. Hanover ) mark

And I certify that her rights under the said will was fully made

known to her as above directed.

Witness my hand this 25th day of May A.D. 1863

(signed) L.B. Hanover

To which was attached a copy of the said will.

T.W.Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 145)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 145)

Description

[page 145]

[corresponds to labeled page 113 of Will Records Vol. 4 - 1859-1869]


The Will of Sebastian Shouk decd June 9th 1863 113


Record of the will of Sebastian Shouk decd.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and state of Ohio,

at his office in the Town of Delaware on the 2nd day of

June A.D. 1863.

This day Samuel S. Shouk the executor appeared and pro-

duced in open court the last will and testament of Sebastian Shouk

late of Tompson Township decd. And demanded that the same

be declared proved and admitted to records; and the witnesses

to the same having appeared heretofore in open court, and

then and there having been duly sworn and testified to the due

execution of the said will, to wit, Samuel Maize and Joleen A. Smith

January 6th last, Thomas Lavender January 19th last, and

John A. Gone February 13th 1863 whose testimony was reduced

to writing and filed with the said will. Thereupon the said

will is declared to be duly proven and admitted to record as the

last will and testament of said Sebastian Shouk decd.

Letters testamentary granted to Samuel S. Shouk the executor

Bonds given in the sum of $500 to pay debts, legacies &c.

Mrs. Shouk the widow then appeared in open court to

make her election under the will; and her rights and interest

under the said will and by law without the will, being fully made

known to her and explained, she, said widow, then declared her

election to be and choise way, to take under the will.

And the said Samuel S. Shouk the executor being the

residuary legatee, having given satisfactory bonds in the

sum of $500. to pay all the debts and legacies, according to the

will, he is not required without the further order of this court

to make inventory and appraisement of the said estate.

Which will is as follows; to wit:-

"In the name of the Benevolent Father of All.

I, Sebastian Shouk of Thompson Townnship, Delaware

County, Ohio, do make and publish this my last will and testament.

Remark 1st I give and devise to my beloved wife, in lieu of

dower, the farm on which we now reside, situate in Thompson

Township, Delaware County, Ohio containing about eighty three

(83) acres, during her natural life, at the death of my said wife

the real estate aforesaid I give and devise to my son Samuel S. Shouk

and his heirs.

Rem. 2nd I give and bequeath to my said wife and to my said

son Samuel S. Shouk all my personal property which is or may

be situated on the aforesaid farm at the time of my death; ex-

-cepting my household goods, including furnature, beds, bedding

etc, which I bequeath to my son's wife during her natural

life. At the death of my said wife, I give and bequeath the

aforesaid personal property, except the household goods before

excepted, to my said son Samuel S. Shouk the aforesaid household

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 146)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 146)

Description

[page 146]

[corresponds to labeled page 114 of Will Records Vol. 4 - 1859-1869]


114. The Will of Sebastian Shoup decd June 2nd 1863


goods I give at the death of my said wife to my daughter

Elizabeth Graham.

Rem. 3rd I give and devise to my said daughter Elizabeth

Graham, fifty five (55) acres of land situate in Thomp-

-son Township, Delaware County, Ohio, adjoining land

owned by William Smith, L.S. McAllister and others, it being

the lot on which Joseph Wilson now resides; to put the

same to her use during her natural life, after which

it shall descend to her heirs.

Rem 4th I give and bequeath to my son Samuel S. Shouk,

to be sold and applied to the payment of my just debts all the

wheat, corn or other grain belonging to me at the time of

my death, except so much as may be necessary for the

present maintenance and comfort of my family.

Rem. 5th I do hereby nominate and appoint my son Samuel

S. Shouk executor of this my last will and testament, hereby

authorizing and empowering him to compromise adjust, re-

-lease and discharge in such manner as he may seem proper

the debts and claims due me.

I devise that no appraisement and no sale of my personal

property be made and that the court of Probate direct the

omission of the same in pursuance of the statute.

I hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and

seal this 14th day of December in the year 1862.

(signed) Sebastian Shouk [Seal]

Signed and acknowledged by said Sebastian )

Shouk as his last will and testament in )

our presence and signed by us in his )

presence. (signed) John A. Gone )

Thos. Lavender )

James Maize )

J.A. Smith )

Copy of the testimony reduced to writing -

"The State of Ohio, Delaware County SS.

We John A. Gone, Thomas Lavender, James Maize and John A. Smith

being duly sworn in open court this 13th day of February A.D. 1863 depose

and say, that we were present at the execution of the last will and

testament of Sebastian Shouk hereto annexed; that we saw the said

testator subscribe said will, and heard him publish and declare the

same to be his last will and testament, and that the said testator at the

time of executing the same was of full age, and of sound mind

and memory, and not under any restraint, and that we signed the same

as witnesses at his request and in his presence, and in the presence

each other.

(signed) John A. Gone

Thos. Lavender

James Maize

J.A. Smith

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 147)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 147)

Description

[page 147]

[corresponds to labeled page 115 of Will Records Vol. 4 - 1859-1869]

115
Will of Sebastian Shoup decd. June 2nd 1863

Sworn to and subscribed before me as follows, to wit: -

John A. Gone, this 13th day of February A.D. 1863

Thomas Lavender, this 19th day of February A.D. 1863

James Maize & John A. Smith, this 6th day of February A. D. 1863

T.W. Powell Probate Judge


The Record of the will of John Jones late of 44th Regt. C.b.L.


Proceedings before Thomas W. Powell judge of the Probate

court in and for the county of Delaware and the State of Ohio at his

office in the Town of Delaware on the 19th day of June

A.D. 1863

Samuel Jones, the father presented the last will

and testament of John Jones decd. And the same was duly proved

by the testimony of Thomas Cadwallader and Elizabeth Cadwallader

two of the subscribing witnesses, thereto whose testimony was reduced

to writing and filed with the will; and it appearing that the said will

was duly executed and attested, and that the testator, at the time of its

execution, was of full age, of sound mind and memory and not

under any restraint, it therefore considered and ordered

that this said will of the said John Jones late of Radnor decd, and

that the same be recorded as such, as follows, to wit: -

Copy of Will.

"This is to certify that I, John Jones son of Samuel Jones of

Radnor Township, Delaware County, Ohio do give and bequeath

to my brother Andrew Jones and sister Mary Ann Jones in equal

shares of a note of hand which given by Thomas H. Roberts of

Clark County, Ohio and now held by my father in trust for me

of three hundred dollars should I never return from the war

to which I have enlisted in the forty fourth Regiment C.B.L. Seventh

Battery, and likewise and equal shares of sixty five dollars of my

bounty I receive from the State and Clark Co. Ohio, which I

send to my father in trust for me, or my brother and sister,

should I never return back; but should I return this writing

is of no value and void.

In witness whereof I subscribe my name in presence of

two witnesses, Thomas and Elizabeth Cadwallader.

Witnesses. (signed) John Jones [Seal]

Thomas Cadwallader

Elizabeth Cadwallader Columbus August 8th 1862."

Copy of the record of the testimony, to wit:

"The State of Ohio, Delaware County, S.s.

We Thomas Cadwallader & Elizabeth Cadwallader being duly

sworn in open court this 19th day of June A.D. 1863 depose

and say, that we were present at the execution of the last will

and testament of John Jones hereto annexed; that we saw
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 148)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 148)

Description

[page 148]

[corresponds to labeled page 116 of Will Records Vol. 4 - 1859-1869]


The Will of John Jones decd June 19th 1863

the said testator subscribe said will, and heard him publish and

declare the same to be his last will and testament, and that

the said testator at the time of executing the same was of full

age, and of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request and in

his presence and in the presence of each other.

(signed) Thomas Cadwallader

Elizabeth Cadwallader

Sworn to and subscribed before me this 19th day of June A.D. 1863

T.W. Powell Probate Judge


The Record of the will of Thomas H. Eldridge decd.


Proceedings had before Thomas W. Powell judge of the Probate

Court in and for the county of Delaware and the state of Ohio, at his

office in the Town of Delaware on this 26th day of June AD 1863

This day Mrs. Eliza Eldridge the widow presented the

will and testament of her late husband Thomas H. Eldridge depose

and demanded that the same be proved and admitted to record

and the testimony of Nathan Dustin one of the witnesses that

having been taken in open court on the 10th inst; and sworn the

testimony of Henry Hodgden the other witnesses being duly taken

and reduced to writing now on file with the said will. And it

appearing that the said will was duly executed and attended; and that

the testator at the time of its execution was of full age, and

of sound mind and memory, and not under any restraint

it is thereupon considered and ordered that the said will be

considered and admitted as proved, as the last will and testament

of the said Thomas H. Eldridge, and as such ordered to be

recorded.

Thereupon the said Eliza Eldridge widow of the said Thomas

H. Eldridge decd. appeared in court and applied to make her

election to take or not to take under the said will; and the court

explained to her the provision of the said will, her rights under

and by law, in the event of her refusal to take under the will

therefore the said widow declared her election to me, to take under

the said will. Which will is as follows, to wit:-

Copy of the Will,-

" I Thomas H. Eldridge being in feeble heath, but of sound

minds do make and publish this my last will and testament

revoking any and all former wills made by me at any former

time.

Item 1st. I give and bequeath unto my beloved wife Eliza

Eldridge the use, control and occupancy of the house and

lot I own in the village of Galena being lot No. 17.

Also a field of about nine acres in Range 17. Township 4

Section 4, Lots 21-22.U.S.M.Survey; bounded on the south by

public road; east by B. Brown's land; north and west by Big Walnut

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 149)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 149)

Description

[page 149]

[corresponds to labeled page 117 of Will Records Vol. 4 - 1859-1869]


The Will of Thomas H. Eldridge decd. June 26th 1863

creek; after the decease of my said wife Eliza, all of said real

estate to be equally divded among all my children, if any

shall die before that time, such child's share to go to its legal

representative.

Item 2nd. I give and bequeath all my personal property, this to

include all claims due me, to my said wife she to cause

all legal demands against my estate to be fully paid out

of the same, the balanse to be for her own use and benefit.

Item 3rd. I nominate and appoint my beloved wife executrix

of this my last will and testament.

In testimony whereof I have hereunto set my hand and

seal this 21st day of November 1862.

Signed, sealed and acknowledged by ) /signed/ T.H.Eldridge [Seal]

said Thomas H. Eldridge as his )

last will and testament in our )

presence (signed) Henry Hodgden )

Nathan Dustin. )

Copy and record of the testimony to wit:-

" We Henry Hodgden and Nathan Dustin being duly sworn in

open court this 10th day of June AD. 1863 depose and say that we

were present at the execution of the last will and testament of

Thomas H. Eldridge hereto annexed; that we saw the said testator

subscribe said will, and heard him publish and declare the same

to be his last will and testament, and that the said testator at

the time of executing the same was of full age and of sound

mind and memory, and not under any restraint; and that we

signed the same as witnesses at this request and in his presence,

and in the presence of each other.

signed, Henry Hodgden

Nathan Dustin

Sworn to and subscribed before me, and Nathan Dustin on 10th

day of June 1863 and Henry Hodgden on the 26th day of the same month.

T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 150)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 150)

Description

[page 150]

[corresponds to labeled page 118 of Will Records Vol. 4 - 1859-1869]


Will of Minerva Benton decd July 2nd 1863


Record of the will of Minerva Benton decd.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of Ohio

at his office in the Town of Delaware, on the 2nd day

of July A.D. 1863

On the 23rd day of June last passed, the will of Minerva

Benton

late of the said county decd was presented for Probate and record

and thereupon Judson R. Benton one of the witnesses thereto []

into court, and was duly sworn and examined and his test-

-imony was reduced to writing and filed; and afterwards on

this day came into court Walter T. Watson the other witness


thereto, who was also duly sworn and examined and his testimony

was also reduced to writing and filed; and thereupon the court

upon consideration find that the said will was duly executed and

attested, and that the said testatrix at the time of its execution was

of full age and sound mind and memory and not under any

restraint, it is therefore ordered that the said will is duly proved

and admitted to probate; and ordered to be recorded as the

last will and testament of the said Minerva Benton decd,


Copy of the Will

" In the name of the Benevolent Father of all.

I, Minerva Benton being of sound mind and memory

make and publish this my last will and testament.

1st It is my will that all my just debts be paid.

2nd It is my will that my son Merlin Benton have my

piece of land at $20 dollars per acre.

3rd. That my son Merlin Benton sell, at private sale for

the best price he can obtain, my 13 head of sheep.

4th That my two beds and bedding and my wearing apparel

be divided by my son Merlin Benton equally between my son

Orson Benton & my daughter Mary Pennington.

5th That my son Hiram Benton have my stand.

6th That my son Merlin Benton pays off all my just debts, funeral

expenses and buy for me a set of tombstones; also that he pay off

a certain debt due Mrs. Shadrack of Franklin County from

my daughter Rosey Benton, out of the proceeds of my land and

the sale of my sheep.

7th And after paying all the debts above mentioned that the

balance that may remain in his hands of the proceeds

of the land and the sale of said sheep, he equally divide

between my sons Merlin, Hiram and Orson and my daughter Mary

Pennington. May 13. 1863 (signed) Minerva Benton [Seal]

Signed by us at the request of the

testator and in her presence and in

the presence of each other.

(signed) W.T. Watson

Judson N. Benton

Copy of the Record of the testimony.


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 151)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 151)

Description

[page 151]

[corresponds to labeled page 119 of Will Records Vol. 4 - 1859-1869]


Will of Minerva Benton decd. July 2nd 1863


The State of Ohio, Delaware County S.s.

We Walter T. Watson and Judson R. Benton being duly

sworn in open court this 23rd day of June A.D. 1863

depose and say that we were present at the execution of the

last will and testament of Minerva Benton hereto annexed;

that we saw the said testator subscribe said will and heard her

publish and declare the same to be her last will and testament

and that the said testator at the time of executing the same

was of full age and of sound mind and memory, and not

under any restraint and that we signed the same as wit-

-nesses at her request and in her presence and in the presence

of each other. (signed) W.T. Watson

Judson R. Benton

Sworn to and subscribed before me this 23d day of June AD. 1863

as to Judson R. Benton and on this 2d day of July AD 1863 as

to Walter T. Watson. T.W. Powell Probate Judge



Record of the will of Sophia Hovey decd.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of

Ohio, at his office in the Town of Delaware on the 11th

day of July A.D. 1863.

This day Mr. Leonard R. Tuttle and Emily A. Tuttle his wife

presented the last will and testament of Mrs. Sophia Hovey late

of Delaware decd. and demanded that the same be proved

and admitted to record; and thereupon Manley D. Covell, Len-

-nie P. Covell and James Eaton the three subscribing witnesses

thereto, appeared in court and were duly sworn, examined and

testified whose testimony was reduced to writing and filed with

the said will; and it appearing to the Court, that the said will

was duly executed and attested, and that the said testatrix at the

time of its execution was of full age, of sound mind and

memory and not under any restraint, it is considered and

ordered that the said will is duly proved and admitted to Probate

and recorded as such; which is as follows, to wit:-

Copy of the Will.

" I Sohpia Hovey of Delaware, Delaware County, State of Ohio

being of sound and disposing mind, memory and understanding, do

make, publish and declare this to be my last will & testament,

hereby revoking and making null and void all former last wills and

testaments and writing in the nature of last will and testaments by

me heretofore made.

My will is first. - that my funeral charges and just debts be

paid by my executor and executrix hereinafter named.

The residue of my estate & property which shall not be required

for the payments of my just debts, funeral charges and expenses
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 152)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 152)

Description

[page 152]

[corresponds to labeled page 120 of Will Records Vol. 4 - 1859-1869]


Will of Sophia Hovey decd. July 11th 1863

attending the execution of this my will, I give, devise

and dispose of as follows, to wit:-

1st I give and bequeath to my sister Emily Howe all my house

hold furnature, clothing beds & bedding & bedsteads; also all my

right, title & estate coming to me from my deceased mothers

estate. And

I further give and bequeath to my said sister Emily Howe the use

and benefit of all my other property and estates, both real and

personal or mixed to her use and benefit during her natural

life, to use, controle & manage for her benefit all rents

from real estate or interest from money invested or lent

on bonds or mortgages.

2nd I give and bequeath to Emily A. Tuttle daughter of my said

sister Emily Howe & wife of Leonard R. Tuttle of the city of

Springfield, Clark County, Ohio all my interest or claim in two

half in Lots No. 46 Original No. in James Lowry's addition

to said City of Springfield, Clark County, Ohio aforesaid, in consideration

of which she is to pay to Prudence Hudson, Pamelia Tibbets, Maria

G. McElroy & Sarah W. Davis the legacies hereinafter mentioned and

bequeath to them, which bequests to said parties or legatees are

more fully described herein as to their location & husband's names

3d. I give and bequeath to the before named Prudence Hudson

________ of Milwaukee City, Wisconsin the sum of two

hundred dollars.

4th I give and bequeath to Pamelia Tibbets wife of Calvin G. Tibbets

of the City of Cleveland, Ohio the sum of fifty dollars.

5th I give and bequeath to my siter Maria G. McElroy wife of John

McElroy of Delaware, Delaware County, Ohio the sum of fifty dollars.

6th I give and bequeath to my sister Sarah W. Davis wife of William

Davis of Delaware, Delaware County, Ohio, the sum of fifty dollars; the

four last items refer to the amount to be paid by Emily A. Tuttle

mentioned in item No. 2 in this will.

7th I give and bequeath to my brother Henry Blinn of Stratford,

Delaware County, Ohio, the sum of one hundred and seventy five

dollars, being my part of certain notes given by Charles H. Boardman

to myself and my sister Emily Howe & secured by mortgage, reference

to paid notes & mortgage for the amount of money & descriptions of

previous mortgages.

8th I give and bequeath to Milo G. McElroy son of my sister Maria G.

McElroy of Delaware, Ohio, my house & Lot in the Town of Delaware

Delaware County, State of Ohio, being the east part of my Lot No. 54 in

said town.

9. It is my intention and will that none of the foregoing legacies

and bequests, excepting those to my sister Emily Lowe be paid by

my said executor and executrix, or received by any of the legatees

until after the death of my said Sister Emily Howe.

And I do nominate and appoint the before named

Leonard R. Tuttle & his wife Emily A. Tuttle to be the sole executor

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 153)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 153)

Description

[page 153]

[corresponds to labeled page 121 of Will Records Vol. 4 - 1859-1869]


Will of Sophia Hovey decd. July 11th 1863

and executrix of this my last will and testament.

In testimony whereof I the said Sophia Hovey, have

hereunto subscribed my name and affixed my seal this 6th

day of June A.D. 1863

signed, sealed and declared by said (signed) Sophia Hovey [Seal]

Sophia Hovey to be her last will

and testament in presence of us, who

at her request and in her presence

have subscribed our names as

witnesses hereto in the presence of

each other. (signed) Manley D. Covell

Lennie P. Covell

James Eaton

The following is a copy and record of the testimony.

The State of Ohio, Delaware County S.s.

We Manley D. Covell, Lennie P. Covell and James Eaton being

duly sworn in open court this 11th day of July A.D. 1863, depose and

say, that we were present at the execution of the last will and testament

of Sophia Hovey hereto annexed, that we saw the said testatrix sub-

=scribe said will, and heard her publish and declare the same to be

her last will and testament and that the said testatrix at the time of

executing the same was of full age, also of sound mind and

memory, and not under any restraint and that we signed the same

as witnesses at her request and in her presence, and in the presence

of each other. [Signed] Manly D. Covell

Lennie P. Covell

James Eaton

Sworn to and subscribed before me this 11th day of July A.D. 1863.

T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 154)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 154)

Description

[page 154]

[corresponds to labeled page 122 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Heaslett decd August 8, 1863


Proceedings had before Thomas W. Powell Probate Judge

in and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 8th day of August

A.D. 1863.

This day Harvey Heaslett presented the last will and

testament of John Heaslett late of this county and for

Probate and record, and therefore Daniel Maxwell and

Robert Ferguson the subscribing witnesses to the last will appeared

in open court, and were duly sworn and examined, and their

testimony reduced to writing and filed with the said will and

it appearing to the Court, that the said will was duly executed

attested, and that the said testator at the time of its execution

was of full age, of sound mind and memory and not under

any restraint, it is now considered and ordered that the

said will is duly proved and admitted to Probate, and ordered to

be recorded as the last will and testament of the said John

Heaslett dec'. And thereupon Nancy Heaslett the widow of the

said testator appeared in Court, and upon her rights of interest

the will and by law without the will, being fully made known and

explained to her, declared that she chose and elected to take

the will. Which will is as follows to wit:

Copy of the Will.

I John Heaslett am through the blessing of devine

Providence in sound mind of a retentive memory and

the enjoyment of my usual health, but as I am in

the decline of life and wishing to settle my earthly concerns

before I go the way of all the earth; do make and publish this

my last will and testament. Item 1st. I bequeath to my wife

Nancy Heaslett, if she should be a longer liver than myself

(in lieu of dower) the controle of my real estate which is the

farm I now live on, controle so far at least as will give

her a comfortable living for herself and one horse, and to live

in my dwelling house. Item 2nd. I will and bequeath to

Harvey Heaslett and his heirs forever on the following con-

=ditions - he must pay six hundred dollars to his three sisters

or their heirs as the case may be - the one half to be paid

two years after my death, the other half three years after my death

in proportion to their claims.

Item 3rd. It is my will that the six hundred dollars that is named

in Item 2 that Harvey Heaslett is to pay out of the farm to his

sisters, be divided in the following way: - to Caroline Matear one

hundred dollars; to John Johnson twenty five dollars; to Morgan Johnson

twenty five dollars, and to Mary Ann Thurston fifty dollars, thus

divided makes two hundred to my daughter Cicelia Johnson's

heirs, her four children that she left - herself being some time

past deceased. To my next oldest daughter Mary Ann Potter

two hundred dollars. To my next oldest and last daughter

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 155)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 155)

Description

[page 155]

[corresponds to labeled page 123 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Heaslett dec' Aug. 8th 1863.


Nancy Heaslett two hundred dollars- thus divided makes

the six hundred named in item 2 as above

Item 4th. It is my will that as my daughter Nancy Heaslett

is not now married that she shall have a home in my

dwelling house, and one horse kept on the farm free of

cost so long as she remains single and unmarried.

Item 5th. In addition to what I have left to my wife Nancy

Heaslett in item 1st I bequeath to her all my house hold

goods and furniture to her own disposal.

Item 6th. I wish all my just debts paid after which whatever

of my personal property be left either of money obligations or

valuables of any kind to be equally divided amongst my four

children Cicelia being due her fourth part to her children

the other parts of my personal property not named in other items

of this will to go to my daughter Mary Ann Potter, Harvey

Heaslett and Nancy Heaslett. Item 7th. I give my farm-

=ing utensils to my son Harvey Heaslett and his heirs, and

with him to have immediate possession of my farm so long

as he complies with other items in this will, and now hop-

=ing that all to whom I have devised any thing in this will

that they will be satisfied and live in peace with each other and

their God, without controversy in law. Item 8th. I do

hereby appoint my son Harvey Heaslett as executor of this

my last will and testament.

In testimony whereof I have hereunto set my hand and affixed

my seal this 11th day of June 1857. (Signed) John Heaslett [Seal]

Signed and sealed by John Heaslett in presence of us and

signed by us as witnesses by his request in his presence

(Signed) Robert Ferguson,

Daniel Maxwell.

Copy of the testimony as reduced to writing. to wit: -

The State of Ohio, Delaware County SS.

We Robert Ferguson and Daniel Maxwell being duly sworn

in open court this 8th day of August A.D. 1863, depose and say

that we were present at the execution of the last will and testament

of John Heaslett hereto annexed; that we saw said testator subscribe

said will, and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time of

executing the same was of full age, and of sound mind and

memory and not under any restraint, and that we signed

the same as witnesses at his request and in his presence

and in the presence of each other. (Signed) Daniel Maxwell

Robert Ferguson

Sworn to and subscribed before me this 8th day of August A.D. 1863

T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 156)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 156)

Description

[page 156]

[corresponds to labeled page 124 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Everhart Folk dec' August 15, 1863


Proceedings had before Thomas W. Powell judge of

Probate Court in and for the County of Delaware and State

of Ohio, at his office in the Town of Delaware

the 15th day of August A.D. 1863.

The last will and testament of Everhart Folk late of

[Jour. 2. 230. in Margin]

Genoa Township in this County dec'. was produced in

Court for probate and record on the 29th day of July last

and thereupon came into Court Jacob Adams one of the

subscribing witnesses to the said will, who was duly sworn

and examined and his testimony reduced to writing and

filed with the will; and thereupon, and it appearing that George

W. Wells (the other subscribing witness to the will) was sick and

unable to attend this court, a commission was issued to

Alfred McLeod Esq of Genoa Township to take the testimony

of the said George W. Wells by a deposition in writing and report

the same to this court with the testimony of the Said Wells reduced

to writing; and now upon consideration thereof, and it ap-

=pearing to the court that the said will was duly executed and

attested and that the testator at the time of execution

was of full age of sound mind and memory and not

under any restraint, it is ordered that the said will be

duly proved and admitted to probate; and ordered to be

recorded as the last will & testament of the said Everhart Folk

deceased; which will is as follows, to wit: -

Copy of the Will.

Genoa Oct. 12th 1858.

In the name of the benevolent Father of All; I Everhart

Folk of said Township do make and publish this my last

will and testament. Item first. I give and devise to my

beloved wife in lieu of her dower, the farm on which I

now reside, situate in Genoa Township, Delaware County

Ohio, containing forty four acres; to have and to hold forever

and all the stock household goods, furnature, provisions

and other goods and chattles which may be then on at

the time of my decease; she however selling so much

thereof as may be sufficient to pay my just debts.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and seal

this 12th day of Oct. 1858.

Signed and acknowledged by said Everhart (Signed) Everhart Folk [Seal]

Folk as his last will and testament in

our presence and signed by us in

his presence.

(Signed) C. W. Wells

Jacob Adams

(End of the Will.)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 157)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 157)

Description

[page 157]

[corresponds to labeled page 125 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Everhart Folk dec' August 15, 1863

Copy of the testimony reduced to writing -

The State of Ohio Delaware County SS.

I Jacob Adams being duly sworn in open court this 29th

day of July A.D. 1863 depose and say that we (this deponant and

George W. Wells) were present at the execution of the last will

and testament of Everhart Folk hereto annexed, that we saw

the said testator subscribe said will, and heard him publish and

declare the same to be his last will and testament, and that the

said testator at the time of executing the same was of

full age, and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses at his request

and in his presence, and in the presence of each other.

(Signed) Jacob Adams

Sworn to and subscribed before me this 29th day of July A.D. 1862

T. W. Powell Probate Judge

The State of Ohio, Delaware County SS.

To Alfred McLeod Esq

Sir.

Placing special confidence

in your integrity, You are hereby commissioned and appointed

to take the testimony of George W. Wells of Genoa Township in

this county (who is now unable to attend this court on the

account of ill health) as to the execution and publication of

the last will and testament of Everhart Folk, late of this county, dec'

which will is hereto annexed, and reduce such testimony to

writing in due form of law and return the same under your

hand and seal to this court, which will bears date the 12th day of

October 1858 and witnessed by G. W. Wells and Jacob Adams. Which

with the testimony so reduced to writing you will enclose in a

letter form under your seal to this office.

In testimony whereof I Thomas W. Powell Judge of the Probate

[Seal of ] Court have hereunto set my hand and affix the seal of said

Probate Court] Court this 29th day of July 1863.

T. W. Powell Probate Judge

To which Commission was made the following witness.

I, the within named Alfred McLeod in pursuance of the commission

of the within commission certify and return that on the thirtieth day

of July 1863 I in due form swore the said George W. Wells to testify the truth

and the whole truth in the relation to the execution and publication

of the last will & testament of Everhart Folk dec' hereto annexed and have reduced

his testimony to writing, which I herewith return to Court duly sealed up.

Witness my hand & seal this thirtieth day of July 1863.

(Seal) A. McLeod J.P. Commissioner

The State of Ohio, Delaware County SS.

I, George W. Wells of Genoa Township being duly sworn

(before me Alfred McLeod Commissioner appointed for that purpose]

this thirtieth day of July A.D. 1863, depose and say that we

(over) -
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 158)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 158)

Description

[page 158]

[corresponds to labeled page 126 of Will Records Vol. 4 - 1859-1869]


Record of the will of Everhart Folk. Aug. 15th 1863


were present at the execution of the last will and testament of

Everhart Folk hereto annexed, that we saw the said testator sub-

=scribe said will, and heard him publish and declare the same

to be his last will and testament and that the said testator was at

the time of executing the same was of full and of sound mind

and memory and not under any restraint and that we

signed the same as witnesses at his request and in his

presence, and in the presence of each other.

Signed G. W. Wells.

Sworn to and subscribed before me this 30th day of July

A.D. 1863. (Signed) A. McLeod J.P. Commissioner appointed

- " -

Record of the Will of Orange A. Blanchard dec'

Proceedings had before Thomas W. Powell Judge of Probate

Court in and for the County of Delaware and State of Ohio in

his office in the Town of Delaware on the 17th day of

August A.D. 1863.

The last will and testament of Orange A. Blanchard dec'

[Jour. 2. 230. - In Margin]

late of this county, was produced in Court for probate and

thereupon George Hemminger, Charles M. Fowler and Salmon

P. Scott, the subscribing witnesses to the said will, appeared in

Court, and were duly sworn and examined, and their testimony

reduced to writing and filed with the will; and now in

consideration thereof, and it appearing to the court that

the said will was duly executed and attested, and that the testa-

=tor at the time of the execution was of full age and of

sound mind and memory, and not under any restraint,

it is ordered that the said will is duly proved and admitted

probate; and ordered to be recorded as the last will and

testament of the said Orange A. Blanchard, dec'.

And thereupon Fanny M. Blanchard the widow of

the said Orange A. Blanchard dec' appeared in court and

upon her rights and interest under the will and by law and

the will being fully explained and made known to her

she chose and elected to take under the said will. Which

is as follows, to wit: -

Copy of the Will.

In the Name of God Amen.

I Orange A. Blanchard of the Township of Porter County of

Delaware and State of Ohio, being of sound mind and memory

(blessed be God for the same) do make and publish this my

last will and testament. I give and bequeath to my beloved

wife Fanny M. Blanchard all my property real and

personal during her natural life, after paying therefor

all my honest debts and funeral charges; and if there

be any property left at her decease to be divided equally

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 159)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 159)

Description

[page 159]

[corresponds to labeled page 127 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Orange A. Blanchard Aug. 17, 1863.


among my dear children Louisa C. Blanchard, Hellen

F. Hess, Icavinda Blanchard heirs of my body.

I do nominate and appoint my beloved wife Fanny M.

executor of this my last will and testament.

In testimony whereof I hereunto set my hand and seal

and publish this my last will and testament in presence of

the witnesses named below; this 13th day of June A.D. 1863.

(Signed) Orange A. Blanchard [Seal]

Signed, sealed, acknowledged in

presence of George Hemminger

Charles M. Fowler

Salmon P. Scott.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 160)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 160)

Description

[page 160]

[corresponds to labeled page 128 of Will Records Vol. 4 - 1859-1869]


Record of the Will of James Decker dec. August 26th 1863

Thereupon Polly Decker the widow of the said James Decker

appeared in court to make her election to take or not to take

under the will; and the court having explained to her the provis

=ions of the will, her rights under it, and by law in the event

of her refusal to take under the will; and thereupon the

said widow declared her choice and election to be, to take

under the will, according to the provisions thereof, which she

understood, and which is so entered of record.

Which will is as follows, to wit: -

"I, James Decker of the County of Delaware in the State of

Ohio being of sound mind do make and publish this my last

will and testament in the manner and form following, that is

to say: -

First, it is my will that my funeral expenses and all my

just debts be fully paid.

Second. I give devise and bequeath to my beloved wife

Polly Decker, in lieu of her dower, the plantation on which I

now reside, situate in said County of Delaware and State of Ohio

containing sixty eight acres, five chains and four links

during her natural life; and all the live stock, horses

cattle, sheep, and hogs by me now owned and kept there.

Also all the household furnature and other items not

particularly named in this will, during her natural life

aforesaid, she however first disposing of a sufficiency

to pay my just debts as aforesaid; and at the death of my

wife all the property hereby devised or bequeathed to her

aforesaid or so much thereof as may then remain and unex-

=pended shall be sold and the moneys arising therefrom

equally divided among my seven children viz: - Joseph

Decker, John Decker, Samuel Decker, James Decker, Lucinda

Smith, Sally Decker and Polly Cope, or their heirs, provided

said children or their heirs shall pay to William Dunnam, named

by me William Decker and raised in my family the sum of

twenty-five dollars.

And lastly I hereby constitute and appoint my said son

Joseph Decker and Samuel C. Weeks to be the executors of this

my last will and testament. In testimony whereof I have

hereunto set my hand and seal this eighth day of August

1863. (Signed) James Decker

Signed, published and declared by the above named James Decker

for his last will and testament in the presence of us, who at his

request have signed as witnesses to the same.

(Signed) J. N. Ross.

Jesse M. McAllister.

The following is a true copy and record of the testimony of

said witnesses as reduced to writing, to wit: -

The State of Ohio, Delaware County SS.

We Joseph N. Ross and Jesse M. McAllister being duly
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 161)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 161)

Description

[page 161]

[corresponds to labeled page 129 of Will Records Vol. 4 - 1859-1869]


Records of the Will of James Decker decd. August 26th 1863


sworn in open court this 26th day of August A.D. 1863,

depose and say, that we were present at the execution of the

last will and testament of James Decker hereto annexed; that

we saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same

was of full age and of sound mind and memory, and not

under any restraint, and that we signed the same as

witnesses at his request and in his presence and in the

presence of each other.

(signed) Joseph M. Ross.

Jesse M. McAllister.

Sworn to and subscribed before me this 26th day of

August A.D. 1863.

T.W. Powell Probate Judge



Will of Frederick Binder decd.

Proceedings before Thomas W. Powell Judge of the Probate

Court in & for the county of Delaware and State of Ohio, at his

office in the town of Delaware on this 1st day of September

A.D. 1863.

This day the last will and testament of Frederick Binder late

of this county decd., was presented to the court for probate and

records. Thereupon Frederick Waggoner, Godfrey Shock and

Frederick Shane, witnesses to the verbal will of said Frederick

Binder decd., came into court and were duly sworn

and examined, and their testimony reduced to writing; and

now annexed to the said will, and filed therewith; and it

appearing to the court that on the 29th day of July 1863, now

last past, the said Frederick Binder made his verbal will;

and it further appearing and proved by the said witnesses that

they were then called upon by the said Frederick Binder in his

presence and in the presence of each other at his residence

in East Delaware during his last sickness, to hear testimony to

his testamentary words as his last will; and that the said

testator was then of sound mind and memory, and not under

any restraint. It further appears that the said testator died

on the next day, to wit; the 30th day of July last past, and that

within ten days after speaking the said testamentary words, the

same were reduced to writing at their request by William D. Heim

to wit; on the 7th day of August last past, and then & there by

them (said witnesses) subscribed as witnesses thereto, which writing

is the one now here presented as such will. Thereupon the

court, upon consideration thereof orders that the said will be

admitted to probate as duly proven as the last will and testament

of the said Frederick Binder decd., and ordered to be recorded as

such. Thereupon Fredericka Binder the widow of the said Frederick

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 162)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 162)

Description

[page 162]

[corresponds to labeled page 130 of Will Records Vol. 4 - 1859-1869]


Records of the Will of Frederick Binder decd. Sept. 12th 1863

Binder decd. appears in court to make her election to

take or not to take under the said will; and the court

having explained to her the provisions of the will, her rights

under it and by law in the event of her refusal to take under

the will, and thereupon the said widow declared her choice

and election to be, to take under the will, according to

the provisions thereof, which she now fully understands, and

which is so entered of records.

Which will is as follows, to wit:-

"Be it known that Frederick Binder of the Township of

Delaware, in the county of Delaware and State of Ohio, being in

a low and feeble state of body but of sound mind and

memory, did on the 29th day of July A.D. 1863 call upon

the undersigned Frederick Wagoner, Godfrey Shock and

Frederick Shane to hear testimony of his will, which he

did then and there and declare as follows, to wit:-

"I know I am dying, I and my wife commenced

with nothing, and I want to give all my property to my wife

Fredericka Binder."

Which said will was reduced to writing in the presence

of the said Frederick Wagoner, Godfrey Shock, and Frederick

Shane, and by them subscribed in the presence of

each other, this 7th day of August A.D. 1863

(signed)

Freindurg Wagoner

Gottfried Schock

Fredous Vixize

Copy of the testimony

The State of Ohio

Delaware County Ss. On this 1st day of September 1863

Frederick Wagoner, Godfrey Shock and Frederick Shane came

in to court, and were duly sworn and upon their oaths say

that on the 29th day of July 1863 they were called upon by

Frederick Binder at his residence in East Delaware, in his

presence and in the presence of each other to hear testimony

to his will and desposition of his property and he was then

in his last sickness, and not expected to live. That he was

then of sound mind and memory and not under any restraint

that said Frederick Binder died the next day. That at the time

was just as stated in the visiting annexed which was reduced

to writing on the 7th day of August last past, within one week

of the death of the said Binder by William D. Heim in the proper

annexed as his will which we then subscribed as witnesses.

(signed) Freindurg Wagner

Sworn to & subscribed before me September ) Gottfried Schock

1st, 1863. T.W. Powell ) Freaders Visin

Probate Judge )

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 163)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 163)

Description

[page 163]

[corresponds to labeled page 131 of Will Records Vol. 4 - 1859-1869]


Records of the Will of John Cummings decd. October 17th 1863

Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his

office in the town of Delaware on the 17th day of October A.D.

1863.

This day the last will and testament of John Cummings

late of this county decd. was presented to this court for probate

and records. Thereupon John W. Ladd and John S. Justice

witnesses to the said will came into court, were duly sworn

and examined, and their testimony reduced to writing; and

now annexed to the said will and filed therewith; and it appear-

-ing to the court that the said will was duly executed and attested

and that the said testator at the time of executing the same

was of full age, of sound mind and memory and not under any

restraint; thereupon the court, upon consideration thereof,

orders that the said will be admitted to probate as duly proved as

the last will and testament of the said John Cummings decd. and

ordered to be recorded as such; which will is as follows, to wit:-

Copy of the will:-

In the name of the Benevolent Father of all; I, John

Cummings of the State of Ohio, County of Delaware and township of

Orange do make and publish this my last will and testament.

Item 1st I give and bequeath to my son John Francis Cum-

-mings one half of all my real estate and five hundred dol-

-lars out of my personal estate and effects more than an

equal half of the same.

Item 2nd I give and bequeath to my son Orson Cum-

-mings one half of all my real estate and one half

of my personal estate and effects after deducting five

hundred dollars above bequeathed to my son John Francis.

Item 3d I give and bequeath to Elbert Evans my

Grandson one horse, saddle and bridle when he at-

-tains the age of twenty one years to be worth one hundred

dollars.

Item 4th I give and bequeath to my grand daughter

Savina Adelia Evans a good bedstead, bed and bedding

for the same, also one cow when she attains the age of

twenty one years.

Item 5th I give and bequeath to my grandson

John Evans Jun. a good suit of clothes including a hat and

pair of boots, when he attains the age of twenty one years.

Item 6th. It is my will in case of the death of any

one or all of my Grand children mentioned above that the

amount of the their several bequests shall go in equal shares

to my sons John Francis and Orson Cummings, provided any

one or all of such grand-children die before attaining

the age of twenty one years.

Item 7th I do hereby nominate and appoint John

Francis Cummings and Orson Cummings executors of this

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 164)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 164)

Description

[page 164]

[corresponds to labeled page 132 of Will Records Vol. 4 - 1859-1869]


Records of the Will of John Cummings, decd. Oct.17, 1863

my last will and testament; hereby authorizing and empower-

-ing them to compromise, adjust, release and discharge

in such manner as they deem proper the debts

and claims due me. I do also authorize and empower them

if it shall become necessary in order to pay my debts,

to sell by private sale or in such manner, upon my

terms of credit or otherwise as they may think proper all

or any part of my real estate and deeds to purchasers to

execute, ackowledge and deliver in fee simple.

I devise that no appraisement and no sale of my personal

property be made; and the court of probate direct the omission

of the same in pursuance of the statute. I do hereby revoke

all former wills by me made.

In testimony hereof I have hereunto set my hands to

seal this 27th day of March A.D. 1863

his

(signed) John x Cummings [Seal]

mark

Signed and acknowledged by said John Cummings )

as his last will and testament in our presence )

and signed by us in his presence. )

(signed) John W. Ladd )

J.S. Justice )

Copy of testimony

The State of Ohio, Delaware County Ss.

We John W. Ladd and John S. Justice being duly sworn in open

court this 17th day of October A.D. 1863, depose and say that we

were present at the execution of the last will and testament of

John Cummings hereto annexed; that we saw the said testator

subscribe said will, and heard him publish and declare the same

to be his last will and testament, and that the said testator at the

time of executing the same was of full age, and of sound mind

and memory, and not under any restraint, and that we signed the

same as witnesses at his request and in his presence, and in the

presence of each other.

(signed) John W. Ladd

J.S. Justice

Sworn to and subscribed before me this 17th day of October A.D. 1863

J.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 165)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 165)

Description

[page 165]

[corresponds to labeled page 133 of Will Records Vol. 4 - 1859-1869]


Record of the will of Franz Carl Becker decd. November 11th 1863

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of

Ohio, at his office in the Town of Delaware on the 11th

day of November A.D. 1863.

This day the will of Franz Carl Becker decd. late of

this county was presented by his son Joseph Becker for

Probate and records; and it appearing that the witnesses to the

said will were residing at Columbus in Franklin County

Ohio; thereupon, and upon motion, issued a Commission to

J. Kronabetter Esq, a justice of the peace of Franklin County

to take the depositions of the witnesses to the said will.

Thereupon Mrs. Catharine Becker the widow of the said

testator appeared in Court and requested to make her election

as to the said will; and the court having explained to her the pro-

-visions of the will, and her rights under it, and by law, in the

event of her refusal to take under the will; and thereupon

the said widow declared her choice and election to be,

to take under the said will according to the provisions

thereof, which she fully understood, and which is now so

entered of record.

And afterwards to wit; the 26th day of December AD. 1863

This day Joseph Becker produced into court the will, together

with the return of J. Kronabetter Esqr, to the coceruipion heretofore

issued to him by this court to take the depositions of the witnesses

to the said last will and testament, which is annexed to the said

will and now recorded therewith. And it appearing to

the Court from the said return and will, that the said will

was duly executed and attested; and that the testator at the

time of the executing the same was of full age, and of sound

mind and memory, and not under any restraint.

Thereupon the Court upon consideration thereof, orders that

the said will be admitted to probate as duly proven as the last

will and testament of the said Franz Carl Becker decd. and

ordered to be recorded as such, to wit:-

Copy of the Will

Letzter Willen



[words written in German], Franz Carl Becker, ngofnforft

in Kornkak Township, Delaware County County, [] Ohio, []

[German translation entered here]

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 166)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 166)

Description

[page 166]

[corresponds to page 134 of Will Records Vol. 4 - 1859-1869]


[German will continues]




Copy of the translation of said Will

" Last Will .

I the undersigned Franz Carl Becker of Konchoh (Concord)

Township, Delaware County, State of Ohio, do declare this my

last and irrevocable will.

In case I should die before my wife Catharine Becker

formerly Vogel, all my real and personal property shall belong

to her during the time of her natural life. She shall have

the privilege to spend her days, either alone or with one of

her children. I do order that after the decease of my wife, the

surviving children shall divide the property, what is left in

peace and harmony in equal shares. Whoever of the heirs

shall show a disposition of disatisfaction or disharmony shall

lose his claim in the degree that it shall receive only

one hundred dollars as inheritence.

I do further order that my son-in-laws have no authority to

dispose of any of their inheritence without the express consent

of their wives.

This my last will I made by good memory and well dispo=

=sing mind which shall be particularly accomplished after my

decease.

In testimony whereof I have hereunto set my hand

this sixth day of December in the year eighteen hundred

and fifty six.

(signed) Franz Carl Becker.

(over)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 167)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 167)

Description

[page 167]

[corresponds to page 135 of Will Records Vol. 4 - 1859-1869]


Will of Franz Carl Becker decd. November 11th 1863.

Signed and acknowledged by said Franz Carl Becker as

his last will and testament in our presence and signed by

us in his presence.

(signed) Jacob Wager )

Wm Vosswinkel )

Charles Karupman )

The following is the return of the Commisioner annexed

to the said will, to wit:-

The State of Ohio, Franklin County, Montomery Township

I do hereby certify that the foregoing is a full and

true copy from the original which is hereto annexed.

(signed) J. Krombetter J.P. of Montgomery Town

=ship, Franklin County, Ohio.

The State of Ohio, Franklin County SS.

Personally appears before me a Justice of the peace

in and for said county, Wm Vosswinkel and Charles Karupman

(Jacob Wagers is departed) who made solemn oath according to

law, saith that the signature as set forth in the will of Franz

Carl Becker is genuine and executed by himself in our

presence, and that we by his request signed our names as

witnesses the said will. Wm Vosswinkel

Charles Th. Karupmann

Sworn to & subscribed before me this 3rd day of Nov. 1863.

J Krombetter J.P.-

The State of Ohio, Franklin County Ss.

We William Vosswinkel and Charles Karupmann being

duly sworn by J.Krombetter Commissioner etc. this 19th

day of Nov. A.D. 1863, depose and say that we were present

at the execution of the last will and testament of Franz Carl

Becker hereto annexed; that we saw the said testator subscribe

said will, and heard him publish and declare the same to

be his last will and testament, and that the said testator at

the time of executing the same was of full age, and of sound

mind and memory, and not under any restraint and that we

signed the same as witnesses at his request and in his presence,

and in the presence of each other. And we further say that

Jacob Wager has gone to Europe about 1 1/2 years ago and

that the translation is correct. (signed) Wm Vosswinkel

[J.R. Nov 5] Charles Th. Karupmann.

[1862 10 cents]

[U.S. Stamps]

Sworn to and subscribed before me this 19th day of Nov. A.D. 1863.

J. Krombetter J.P.

of Montgomery Tp. Franklin County Ohio.



Delaware County Ss. I, Mattias Loy being duly sworn says, I have

examined the above translation with the original will and say it is a

fair translation. (signed) M. Loy

Sworn to & subscribed before me November 26th 1863.

T.W.Powell Probate Judge.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 168)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 168)

Description

[page 168]

[corresponds to page 136 of Will Records Vol. 4 - 1859-1869]


Will of Franz Carl Becker. November 11th 1863.

And afterwards to wit; January 22d 1864, on the

written request of the widow, Anthony C. becker (a son) is

appointed administrator with the will annexed on the estate

of Franz Carl Becker of Concord Township decd. Who paid

bonds in the sum of $1200. With William Larobee and

David Freshwater his surities. Appointed James Stewart,

Lyman T. Glick and James Davidson appraisers.

_____________________


Will of Calvin Elmer decd.


Proceedings had before Thomas W. Powell Judge

of the Probate Court in & for the county of Delaware and

State of Ohio, at his office in the town of Delaware,

the 12th day of January 1864.

This day Thomas G. Miller presents the last will and

testament of Calvin Elmer late of Brown Township decd.

for probate and records. Thereupon Stephen P. Dunham and

Margaret A. Miller the two subscribing witnesses to the said will

appeared in court and were duly sworn and examined; and

their testimony reduced to writing and filed with the said will

and it appearing to the court that the said will was duly executed

and attested, and that the said testator at the time of its execution

was of full age, and of sound mind and memory, and not

under any restraint; it is considered and ordered that the

said will is duly proved, and admitted to records as such

Which will is as follows, to wit.

In the name of the Benevolent Father of All.

I, Calvin Elmer of Eden, Delaware County, Ohio being

of sound mind, do make and publish this my last will

and testament.

1st I give and devise to my beloved wife in lieu of

her dower; all or such part of my personal property etc

as she many need for a proper and good maintainance

or support during her natural life. Said property consists

of household goods, money, debts and claims due me.

2nd Whatever of the above property that may be left after

the death of my wife, and after paying all legal claims

and expenses, including funeral expenses, I devise and

bequeath to my son John Elmer and his heirs.

3d I do hereby nominate and appoint T.G. Miller

Executor of this my last will & testament.

I do hereby revoke all former wills made by me.

In testimony hereof I have hereunto set my hand & seal

this 4th day of January A.D. 1864. (signed) Calvin Elmer [seal]

Signed and acknowledged by said Calvin Elmer as his

last will & testament in our presence & signed by us in

his presence. (signed) S.P. Dunham

M.A. Miller.

(end of will.)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 169)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 169)

Description

[page 169]

[corresponds to page 137 of Will Records Vol. 4 - 1859-1869]


Will of Calvin Elmer. January 12th 1864.


Copy of the testimony reduced to writing proving the

will of the said Calvin Elmer. to wit:-

The State of Ohio, Delaware County. Ss.

We Stephen P. Dunham and Margaret A. Miller being duly

sworn in open court this 12th day of January A.D. 1864. depose

and say that we were present at the execution of the last will and

testament of Calvin Elmer hereto annexed; that we saw the said

testator subscribe said will, and heard him publish and declare

the same to be his last will and testament, and that the said testator

at the time of executing the same was of full age, and of

sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request

and in his presence, and in the presence of each other.

(signed) S.P. Dunham.

M.A. Miller.

Sworn to and subscribed before me this 12th day of January

A.D. 1864. T.W.Powell Proabte Judge

________________________


Will of Robert Jamison decd.


Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the county of Delaware and

the State of Ohio, at his office in the town of Delaware

on the sixth day of February A.D. 1864.

On the 20th day of January 1864 James Eaton Esqr.

presents the last will and testament of Robert Jamison late

of Delaware Township decd. for probate. Marshal L.

Griffin and Stephen M. Littell two of the witnesses to the will

were sworn and examined and their testimony reduced to

writing and annexed to the said will; thereupon issued a Com=

=mission to Rowland O. Hammond Esqr of Akron, Ohio.

to take the deposition of John Lugenbeel the other witness

to the said will. Further proceedings in relation to the

probate of the will is suspended until the return of the

said commission and deposition of the said Lugenbeel.

And afterwards to wit; on the 6th day of February A.D. 1864

on motion of James Eaton Esqr. the will in this case was

again presented for probate and record. and the commission

returned with the deposition of said John Lugenbeel the

other witness to the said will; and thereupon it appearing to the

court that the said will was duly executed and attested and that

the said testator at the time of the execution of the same

was of full age, and of sound mind and memory and not

under any restraint, the court therefore upon consideration

thereof order that the said will be admitted to probate as

duly proved as the last will & testament of the said Robert Jamison

decd. and ordered to be recorded as such.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 170)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 170)

Description

[page 170]

[corresponds to page 138 of Will Records Vol. 4 - 1859-1869]


Record of the will of Robert Jamison decd. July 6th 1864

Copy of the Will.

I, Robert Jamison of Delaware Tp. Delaware County,

State of Ohio, being of sound & disposing mind, memory and

understanding do make, publish and declare this to be

my last will and testament, and writing is the action of last

will and testament hereby revoking and making void & null all

former last wills and testaments & writings in the nature of

last wills & testaments by me heretofore made.

My will is first; that my funeral charges and just debts

shall be paid by my executor hereinafter made. The residue of my

estate and property, which shall not be required for the payment

of my past debts, funeral charges, the necessary expenses

attending the execution of this my last will and settling my

estate; I give & devise & dispose of as follows:-

1st My real estate situated in said Delaware Township, Delaware

County aforesaid, in Range 19. Township four. Section first of

the United States Military Survey, I give & bequeath to my brother

John Jamison & James M. Jamison & my sister Elizabeth Jamison

during their natural life, and then to descend to their children, or

if any or either of them should die leaving no issue of their body

then to go to the remaining brother or sister still living, and

when the said real estate shall decend to the children of my

brothers & sisters I give & bequeath to my nephew Thomas Baird

son of my deceased sister Esther Baird an equal rights in

said real estate with my other nephews & neices, to be under

the direction & disposal of my brother James M. Jamison.

2d I give & bequeath my Rail Road stock to my said brothers

John

& James M. Jamison & Elizabeth Jamison to be

disposed of by them as to donations to the first Presbyterian

Church of Delaware as to appropriate to their own personal

case shared equally among their as they may think

best and actionable) equally divided among them and

to decend to their heirs.

3d I give & bequeath all the residue of my personal property con=

=sisting of notes of hand, horses, cattle, farming utensils and

money on hand or due other wise, to my said brothers John

Jamison and James M. Jamison & my sister Elizabeth Jamison

to be used & disposed of by them as to donations to the first Presbyterian

Church of Delaware or to appropriate to their own personal

use & benefit, equally among them as they may think best

and advisable.

4th It is my will in case my sister Hannah Carpenter should

become a widow & in needy circumstances, that she should become

heir of my aforesaid estate so far as to supply her with the necessary

comforts of life, not exceeding an equal share with the aforesaid

brothers and sister herein before named.

5th I do hereby appoint and nominate James Eaton of the Town

of Delaware, Ohio, to be the sole executor of this

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 171)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 171)

Description

[page 171]

[corresponds to page 139 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Robert Jamison decd. February 6th 1864.


my last will and testament.

In testimony whereof I the said Robert Jamison have

hereunto subscribed my name and affixed my seal this

twelfth day of August. A.D. 1850.

Signed, sealed and declared by the said (signed) Robert Jamison [seal]

Robert Jamison to be his last will

& testament in presence of us, who

at his request and in his presence have

subscribed our names as witnesses

hereto in the presence of each other.

(signed) John Lugenbeel

M.L. Griffin

S.M. Littel

(end of the will.)


Copy of the testimony

The State of Ohio, Delaware County. Ss.

We Marshal L. Griffith & Stephen M. Littell being duly sworn

in open court this 20th day of January A.D. 1864, depose and

say that we were present at the execution of the last will and

testament of Robert Jamison hereto annexed; that we saw the said

testator subscribe said will, and heard him publish and declare

the same to be his last will and testament and that the said testator

at the time of executing the same was of full age, and of sound

mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his pre-

=sence, and in the presence of each other.

(signed) Marshall L. Griffin.

Stephen M. Littell.

Sworn to and subscribed before me this 20th day of January

A.D. 1864. T.W.Powell Probate Judge



Copy of the deposition returned under the commision

The State of Ohio,)

Summit county Ss. ) Personally appears before me the

undersigned a notary public within and for the said county and

a special commissioner appointed by Thomas W. Powell Probate

Judge within and for the county of Delaware in the State of

Ohio to take the deposition of John Lugenbeel in the

matter of the probate of the will and testament of Robert Jamison

late of the said county of Delaware decd. who being duly

sworn, deposes and says that he was present at the execution

of the last will and testament of the said Robert Jamison here

=to annexed; that he saw said testator subscribe said will

and heard him publish and declare the same to be his last

will and testament, and that said testator at the time of

executing the same was of full age, and of sound

mind and memory and not under any restraint,

and that he signed the same as a witness at his

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 172)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 172)

Description

[page 172]

[corresponds to page 140 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Robert Jamison February 6th 1864.


request and in his presence and in the presence of

Marshall L. Griffin & Stephen M. Littell the other witnesses

to the said will and they likewise signed the same

in my presence.

(signed) John Lugenbeel.

Sworn to before me and subscribed in my presence

this 3rd day of February A.D. 1864 by the said John

Lugenbeel.

(signed) Rowland O. Hammond

[Notaric Seal] Notary Public and

[S.S] Special Commissioner.

[U.S. 5 cent stamp]

___________________


The Will of Abraham Swartz decd.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of

Ohio, at his office in the town of Delaware on the fourth

day of February A.D. 1864.

This day the last will and testament of Abraham Swartz late of

Tompson Township decd. was presented to the court for probate and

record. Thereupon John W. Cone and Thomas B. Cone the

witnesses to the said will came into court and were duly sworn

and examined, and their testimony reduced to writing and now

annexed to the will and filed therewith; and it appearing to the court

that the said will was duly executed also attested, and that the said testator

at the time of executing the same was of full age, and of

sound mind and memory, and not under any restraint,

thereupon the court, upon consideration thereof, orders

that the said will be admitted to probate and duly proved as the

last will and testament of the said Abraham Swartz decd.

and ordered to be recorded as such.


Copy and record of the will.

In the name of the Benevolent Father of all.

I Abraham Swartz of the Township of Thompson Delaware

Co. & State of Ohio, do make and publish this my last

will and testament.

Item 1st I give and devise to my beloved wife in lieu of her

dower the farm on which we are now reside situated in Thomp

=son Tp. Delaware Co. State of Ohio, containing about (80) eighty

acres, during her natural life, and all the stock, household

goods, furnature, provisions and other goods and chattels which

may be there at the time of my decease during her nat

=ural life as aforesaid; she however selling so much thereupon

as may be sufficient to pay my just debts. At the death

of my said wife I give all real and personal property

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 173)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 173)

Description

[page 173]

[corresponds to page 141 of Will Records Vol. 4 - 1859-1869]


Record of the will of Abraham Swartz. February 4th 1864.

to be equally divided between my children except, I

bequeath to my son David one hundred and fifty dollars

more than either of my other children.

Item. I appoint and make the said Elizabeth my

wife executrix of this my last will and testament.

In testimony hereof I have hereunto set my hand

and seal this 22d day of December in the year 1863

signed and acknowledged by said ) (signed) Abraham Swartz [seal]

Abraham Swartz as his last will )

and testament in our presence )

and signed by us in his presence )

(signed) J.W. Cone

[U.S.Stamp] T.B. Cone (end of the will)

[$1.00]

Record of the testimony.

The State of Ohio, Delaware County Ss.

We John W. Cone and Thomas B. Cone being duly sworn

in open court this fourth day of February A.D. 1864, depose

and say that we were present at the execution of the last

will and testament of Abraham Swartz hereto annexed; that

we saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will and testament,

and that the said testator at the time of executing the same

was of full age, and of sound mind and memory, and

as witnesses at his request and in his presence, and in the

presence of each other.

(signed) J.W. Cone

Thos. B. Cone

Sworn to and subscribed before me this 4th day of February

A.D. 1864. T.W. Powell Probate Judge

N.B. On the same day the widow appeared and elected to take

under the will. See Journal L. Page 265.

______________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 174)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 174)

Description

[page 174]

[corresponds to page 142 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Ashburn decd. February 19th 1864

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State

of Ohio, at his office in the town of Delaware on the

twelfth day of February A.D. 1864.

On the 9th day of December A.D. 1863 Mr Baxter presented

the last will and testaemnt of John Ashburn decd. for probate

and record. Thereupon Jonathan M. Coomer one of the

witnesses thereto appeared in court, and his deposition was

duly taken and annexed to the will. And it appearing

that Stephen Curren the other witness thereto under in the

State of Missouri, the court upon motion issued a com

=mission with the will annexed to James C. Morehouse

Esqr. of White Cloud in Nodaway County, Missouri, to take and

certify the testimony of said Curren as to the execution and

attestation of the said will and to report the same to this

court. Commission accordingly sent.

And afterwards to wit, on the 12th day of February A.D. 1864

on motion, and the Commission heretofore issued to prove

the will being returned with the testimony of Stephen Curren

duly returned by James C. Morehouse the Commissioner, and the

testimony of the witnesses being now reduced to writing, and annexed

to the will and filed therewith. And it now appearing to the

court that the said will was duly executed and attested, and

that the testator at the time of executing the same was

of full age, of sound mind and memory, and not under

any restraint; thereupon the court whose consideration

thereof, orders that the said will be admitted to probate and

duly proved as the last will and testament of the said John

Ashburn decd, and ordered to be recorded as such.

T.W. Powell Probate Judge.


Copy and record of the will.

In the name of the Benevolent Father of All.

I John Ashburn of the State of Ohio and Delaware County, do

make and publish this my last will and testament.

1st I give and devise to my mother Lydia Ashburn all

moneys and effects belonging to me at this time, and all

other moneys and effects that I may acquire during my

natural life, to have and depose of to her own use

as she desires.

2d In case that my mother Lydia Ashburn should decease

it is my will that the effects above mentioned shall pass to

and be invested in write to my sister Elizabeth Ashburn.

3d I do hereby nominate and appoint Lydia Ashburn exec

=utrix of this my last will and testament, hereby authorizing

and empowering her to compromise, adjust, release and

discharge in such manner as she may deem proper the

debts and claims due me.

I desire that no appraisment of the effects be made and that

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 175)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 175)

Description

[page 175]

[corresponds to page 143 of Will Records Vol. 4 - 1859-1869]


Record of the will of John Ashburn decd. Feby 12, 1864.

Probate direct the omission of the same in pursuance

of the statute.

In testimony whereof I have hereunto set my hand and

seal this 17th day of February 1862.

Signed and ackowledged by said ) (Signed) John Ashburn [seal]

John Ashburn as his last will )

and testament in our presence, and )

signed by us. (signed) J.M. Coomer )

S. Curren. ) (end of the will.)


Copy & record of the testimony.

The State of Ohio, Delaware County Ss.

We Jonathan M. Coomer and _______ ______ being duly sworn

in open court this 9th day of December A.D. 1863, depose and

say, that we myself and Stephen Curren were present at the

execution of the last will and testament of John Ashburn decd.

hereto annexed; that we saw the said testator subscribe said will

and heard him publish and declare the same to be his last will and

testament, and that the said testator at the time of executing the same

was of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at his

request and in his presence, and in the presence of each other.

(signed) J.M. Coomer

Sworn to and subscribed before me this 9th day of December

A.D. 1863. T.W. Powell Probate Judge.

(Also signed) S. Curren

Sworn to and subscribed before me this 23d day of January 1864

Commissioner.

Copy of the Commission & return.

The State of Ohio, Delaware County Ss.

for the court of Probate in & for the said county.

To James C. Morehouse Esqr. of Nodaway County, Mo.

Sir,

Having special confidence in your integrity

and ability, you are hereby appointed a commissioner

and are hereby authorized and empowered to take the

testimony of Stephen Curren as one of the witnesses to

the will and testament of John Ashburn hereto annexed,

bearing date the 17th day of February 1862 and witnessed by

J.M. Coomer and said S. Curren; and reduce his testimony

to writing as in cases of deposition in order to prove

the due execution of the said will, and then seal up

the same together with the will, and return to the same to this

court properly directed.

In testimony whereof I Thomas W. Powell Probate

[Seal] Judge of the said county on this 9th day of December

1863 have hereunto affixed my signature & the seal of the

said court at Delaware, Ohio.

T.W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 176)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 176)

Description

[page 176]

[corresponds to page 144 of Will Records Vol. 4 - 1859-1869]


Record of the will of John Ashburn decd. Feby. 12th 1864

Report, enclosed on & with the commission & will

I the within named James C. Morehouse do hereby

certify that in pursuance of the within commission, the

within named Stephen Curren on the 23d day of January

A.D. 1864, personally appeared before me and was duly sworn

by me to testify the truth, the whole truth and nothing but

the truth as to the execution of the last will and testament

of John Ashburn decd. and on his said oath testifies and

says that he said Stephen Curren and Jonathan M. Coomer

were present at the execution of the said will hereto annexed,

that we saw the said John Ashburn subscribe the same

and heard him publish & declare the same to be his

last will and testament, and that the said testator at the time of

executing the same was of full age, and of sound mind

and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his presence

and in the presence of each other.

(signed) S.Curren

Subscribed and sworn to before me the day and

year above written.

(signed) James C. Morehouse) Special

) Commissioner

___________________

Will of Squire Wheaton decd.

Proceedings had before Thomas W. Powell Judge of the probate court

in and for the county of Delaware and State of Ohio, at his office

in the town of Delaware on the 12th day of February A.D. 1864.

This day the last will and testament of Squire Wheaton late of

Trenton Township in this county decd. was presented to the court

for probate and record. Thereupon Charles L. Murphy and George

Jacobus witnesses to the said will came into court and were

duly sworn and examined, and their testimony reduced to writing

and now annexed to the said will and filed therewith; and it appear

=ing to the court that the said will was duly executed and attested

and that the testator at the time of executing the same

was of full age and of sound mind and memory and not

under any restraint; thereupon the court upon consideration

thereof orders that the said will be admitted to probate as duly

proved as the last will and testament of the said Squire Wheaton

and ordered to be recorded as such.

Copy and record of the will.

To whom it may concern know ye, that I Squire Wheaton of the

Township of Trenton, Delaware County and the State of Ohio, being

of sound mind and memory, and in good bodily health do

make and declare this my last will and testament as follows

to wit, First, I will and direct that my executors hereinafter

named shall pay all my funeral expenses - all my just debts

and purchases for myself and my wife suitable tomb stones

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 177)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 177)

Description

[page 177]

[corresponds to page 145 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Squire Wheaton decd. February 12th 1864.

to be erected at our several graves after our deaths respectively.

Secondly, I give and bequeath to my wife mercy, the use

and benefit during her natural life time of the homestead

which I now occupy, being the thirty acres of land which I purchased

of Silas C. Williams lying and being in the Township of Trenton

aforesaid. I also give and bequeath to my said wife during

her natural life, the interest payable annually of the sum of

five hundred dollars; which sum of five hundred dollars

shall be invested by said executors in such manner

as they shall deem most advisable so that the interest shall

be paid annually during her life time, and the principal

payable within at least one year thereafter. I also give to

my said wife the use and benefit during her life time

of all the household furnature remaining on the premises

at the time of my death.

Third, I will and direct that all my chattel property

not including the household furnature above given to my

wife, shall be sold as soon after my death as may be con=

=venient at public auction by my said executors on such terms

as they shall deem expedient. Also that after the death of my said

wife, the household furnature shall also be sold in like manner.

Fourth. I give and bequeath to my son Martin S. Wheaton

in fee simple subject to the aforesaid life estate of my said

wife, the above mentioned homestead property with the

appurtenances; provided he shall pay my said executors within

one year from the time he shall become entitled to the

posession of said property, the sum of two hundred dollars

for the benefit of his sisters and herein after provided.

Fifth. I give and bequeath in fee simple to my son Morris

Wheaton the farm he now occupies, being the tract of land I

purchased of Soloman Walker lying in Trenton township aforesaid

and containing forty one acres, with the appurtenances, provided

he shall pay to my said executors within one year from the

time of my death the sum of one hundred dollars for the

benefit of his sisters as hereinafter provided.

Sixth. I give and bequeath to my son Charles Wheaton the sum

of fifty dollars.

Seventh. All the residue of my estate I give and bequeath

to my six daughters, to wit: Sarah Walker, Eliza Potter, Martha

Kelchum, Maria Condit, Abigal Rush and Harriet Condit, to

be paid to and divided among them share and share a like

by my said executors as soon and as fast as the money shall

by then be realized; that is to say, my said several daughters

shall respectively by themselves or their heirs be entitled to

demand and receive from my executors their respective shares

of any money properly belonging to them, which my said executors

may from time to time receive until the whole

estate shall then be formally settled and closed up.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 178)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 178)

Description

[page 178]

[corresponds to page 146 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Squire Wheaton, February 12th 1864.

Eighth. I do hereby nominate and appoint my son Charles

Wheaton and Edgar M. Condit executors of this my last will and

testament; and should either of them die or refuse to serve,

then the other or survivor to act as sole executor hereof.

And I do hereby release my said Executors & each of them from

all liability to give personal or other security, beyond their

own bonds for the faithful discharge of the trust herein

committed to them; it being my will that the court shall to

their own bond or bonds, in the usual form without requiring

them or either of them to give additional

security thereon.

In testimony whereof I have hereunto set my hand &

seal this 5 day of May A.D. 1859.

(signed) Squire Wheaton [seal]

The above and foregoing instrument was signed )

and sealed in our presence, the said Squire Wheaton )

then & there declaring that he signed and sealed )

the same as his last will & testament and wishes )

us to bear witness of the same. Attest. )

(signed) Charles L. Murphy

George Jacobus. (end of the will.)

Record of the testimony.

The State of Ohio, Delaware County Ss.

We Charles L. Murphy and George Jacobus being duly sworn

in open court this 19th day of February A.D. 1864, depose and say

that we were present at the execution of the last will and

testament of Squire Wheaton hereto annexed; that we saw

the said testator subscribe said will, and heard him publish and

declare the same to be his last will and testament, and that the

said testator at the time of executing the same was of full

age, and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses at this request

and in his presence, and in the presence of each other.

(Signed) Charles L. Murphy

George Jacobus.

Sworn to and subscribed before me this 12th day of February

A.D. 1864. T.W. Powell Probate Judge

________________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 179)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 179)

Description

[page 179]

[corresponds to page 147 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Holt decd. February 11th 1864.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware on the 11th day of February

A.D. 1864.

On this day the last will and testament of said John Holt decd

was presented for probate and record. Thereupon William Williams

and Sampson Wallace, the witnesses to the said will came into court

and were duly sworn and examined; and their testimony reduced

to writing, and now annexed to the will and filed therewith,

and it appearing to the court that the said will was duly executed

and attested, and that the testator at the time of executing the same

was of full age, and of sound mind and memory and not

under any restraint, thereupon the court upon consideration

thereof orders that the said will be admitted to probate and duly

proved as the last will and testament of the said John

Holt decd. and ordered to be recorded as such.

Copy and Record of the Will.

I, John Holt of the county of Delaware in the State

of Ohio, do make and publish this my last will and testament

in manner and form following that is to say:-

First. it is my will that my funeral expenses and all my

just debts be fully paid.

Second. I give devise and bequeath to my beloved wife

Holt the farm on which we now reside, situate in Brown

Township in the county of Delaware, Ohio, and in Range No. 18,

Township No. 5 Section No. 2 and lot No. 11 during her natural

life; and all the live stock, horses, cattles, sheep and hogs etc.

by me owned and kept thereon; also all the household furna

=ture, farming utensils and other items not particularly

named, during her natural life as aforesaid; she

however first disposing of a sufficiency thereof

to pay my just debts and expenses as aforesaid. At the

death of my said wife all the property hereby devised or bequeathed

to her aforesaid or so much thereof as may then remain

unexpended, it is my will shall be disposed of as follows,

that my daughter Sarah Jane, my daughter Emily, my son

William L. and my son Evan each receiving the sum

of two hundred - and whatever shall be and remain of my

estate after the eight hundred dollars alone devised, shall

be divided as aforesaid, shall be equally divided amoungst

my five daughters and three sons, share and share alike

Vig. Elizabeth Main, Sarah Jane Holt, Emily Holt, Ellen Wigton

Hannah Holt, William L. Holt, Evan Holt and Mareus L. Holt

I desire that no appraisment be made of my personal property

at my death, and that the court of Probate direct the omission

of the same in pursuance of the statute.

In testimony whereof I have hereunto set my hand

(over)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 180)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 180)

Description

[page 180]

[corresponds to page 148 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Holt. February 11th 1864.

and seal this 16th day of February 1863.

Signed and acknowledged by said ) (signed) John Holt [seal]

John Holt as his last will and )

testament in our presence )

(Signed) Wm Williams

[U.S. Stamp] Sampson Wallace.

[$1.00] (end of the will)

Copy and Record of the testimony.

The State of Ohio, Delaware County Ss.

We William Williams and Sampson Wallace being duly

sworn in open court this 11th day of February A.D. 1864 depose

and say, that we were present at the execution of the last will

and testament of John Holt hereto annexed; that we saw the said

testator subscribe said will and heard him publish and declare

the same to be his last will and testament, and that the said testator

at the time of executing the same was of full age, and of sound

mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his presence, and

in the presence of each other.

(signed) Sampson Wallace

Wm Williams.

Sworn to and subscribed before me this 11th day of February

A.D. 1864. T.W. Powell Probate Judge

For the election of widow & letters testamenatry see Journal 2.2114

___________________________

Record of the Will of Griffith Thomas decd.

Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his

office in the town of Delaware on the 22d day of February

A.D. 1864.

This day Isaac Thomas presented the last will and testament of

Griffith Thomas late of Oxford Township decd. to the court for

probate and record. Thereupon Jonathan Nicholas and William

Williams the witnesses to the said will came into court and were

duly sworn and examined, and their testimony reduced to writing

and now annexed to the will and filed therewith; and it appearing

to the court that the said will was duly executed and attested; and that

the testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint

thereupon the court, upon considerations thereof, orders that

the said will be admitted to probate as duly proved as the last

will and testament of the said Griffith Thomas decd and ordered

to be recorded as such. (Letters testamentary granted. Jour.2.276.)

Copy and Record of the will.

I Griffith Thomas of the county of Delaware and State of Ohio

do make and publish this my last will and testament.

Item first. I give and bequeath to my youngest daughter
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 181)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 181)

Description

[page 181]

[corresponds to page 149 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Griffith Thomas decd. Feby 22d 1864.


Ida Thomas 4 [76 (87/160)/160] acres of land adjoining the village

of Ashley on the west side of the C.C. & C.C.R.R. also five town lots

in the town of Ashley Nos. 10.11.12.13.14. It being the same land

and town lots deeded to me by John Thomas, February 15th 1861.

Item Second. I devise and bequeath to my two daughters

living in Wales three hundred and fifty dollars each.

All the property and effects that may remain of my estate

after paying the above mentioned seven hundred dollars to my

two daughters in Wales it is my will shall be equally divided

amoungst my children, to wit; Liza and Bridget now in Wales,

Mary Thurman, Herbert Thomas, Ural Thomas, Isaac Thomas

John Thomas, Daniel Thomas, Sarah Thomas and Ida Thomas,

Item third. I do hereby appoint my son Isaac Thomas

Guardian of my infant daughter Ida Thomas; Also executor

of this will. I hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and

seal this 11th day of December A.D. 1863. his

Signed and acknowledged by said ) (Signed) Griffith x Thomas [seal]

Griffith Thomas as his last will ) mark

and testament in our presence )

and signed by us in his presence )

(signed) Wm Williams )

Jonathan Nicholas. ) (end of the will)


Copy and record of the testimony.

The State of Ohio, Delaware County, Ss.

We William Williams and Jonathan Nicholas being duly

sworn in open court this 22d day of February A.D. 1864, depose

and say that we were present at the execution of the last will

and testament of Griffith Thomas decd. hereto annexed; that

we saw the said testator subscribe the said will and heard him

publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same

was of full age and of sound mind and memory and not

under any restraint, and that we signed the same as

witnesses at his request and in his presence, and in the

presence of each other.

(signed) Jonathan Nicholas

Wm Williams

Sworn to and subscribed before me this 22d day of February

A.D. 1864. T.W. Powell Probate Judge

______________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 182)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 182)

Description

[page 182]

[corresponds to page 150 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Hiram Bean decd. March 4th 1864

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State

[in left margin: Jour. 2. 279.]

of Ohio at his office in the town of Delaware on the fourth

day of March A.D. 1864.

This day the last will and testament of Hiram Bean

[in left margin: Widow's election

Jour. 2. 291.]

of Sciota Township decd. was presented for probate and

record. Thereupon Daniel Dorwart and Daniel Maugans,

witnesses to the said will came into court and were duly sworn

and examined, and their testimony reduced to writing and

now annexed to the will and filed therewith; and it appearing

to the court that the said will was duly executed and attested

and that the testator at the time of executing the same was

of full age, and of sound mind and memory, and not under

any restraint, thereupon the court, upon consideration

thereof, orders that the said will be admitted to probate

duly proved as the last will and testament of the said Hiram

Bean decd. and ordered to be recorded as such.

Copy and record of the Will.

I, Hiram Bean do make the following bequest as my

last will and testament:-

1st That all my just debts be paid.

2d After paying the debts, I give and bequeath unto my

beloved wife so long as she shall remain my widow all

my real and personal property.

February 19th 1864. (signed) Hiram Bean.

Witnesses (signed) Daniel Dorwart

Daniel Maugans. (end of the will)

Record of the testimony as reduced to writing.

The State of Ohio, Delaware County, Ss.

We Daniel Dorwart and Daniel Maugans being duly sworn

in open court this 4th day of march A.D. 1864. depose and say

that we were present at the execution of the last will and testament

of Hiram Bean hereto annexed; that we saw the said testator

subscribe said will, and heard him publish and declare the same

the same to be his last will and testimony, and that the said

testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request and in his

presence, and in the presence of each other.

(signed) Daniel Dorwart

Daniel Maugans.

Sworn to and subscribed before me this 4th day of March A.D. 1864.

T.W. Powell Probate Judge

_________________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 183)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 183)

Description

[page 183]

[corresponds to page 151 of Will Records Vol. 4 - 1859-1869]


Record of the will of Susan Wise decd. March 17th 1864.

Proceedings had before Thomas W. Powell Judge of the

Probate court in and for the county of Delaware and State

of Ohio, at his office in the town of Delaware on the 17th

day of March A.D. 1864.

This day George T. Wolfley presented the last will and testament

of Susan Wise late of Troy Township decd. for probate and

record. Thereupon Duncan P. Darst and Samuel Darst wit=

=nesses to the said will came into court, and were duly sworn

and examined, and their testimony reduced to writing and annexed to

the said will and now filed therewith; and it appearing to the court that

the said will was duly executed and attested; and that the testatrix

was of full age, and of sound mind and memory, and not under

any restraint; thereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved

as the last will and testament of the said Susan Wise decd. and

ordered to be recorded as such.

Copy and record of the will.

In the name of the Benevolent Father of All.

I, Susan Wise of the county of Delaware and State of

Ohio, being of sound mind do make and publish this my

last will and testament in the manner and form following:-

My property consisting of my farm and stock on the farm

and all other property belonging to me; except the household furn

=nature; which furnature I give and bequeath in equal

proportions between my daughters Christian Wise, Minerva

Wise and Alora Wise; the said farm and property to be sold and

distributed as follows: - First, that my funeral expenses and all my

just debts be fully paid.

Second. I give and bequeath to Phillip Wise the sum of one

hundred dollars, and the rest of my property I bequeath and divide

equal between my children Duncan Wise, Christian Wise,

Minerva Wise, William E. Wise, Alora Wise and Samuel Wise.

And lastly I hereby constitute and appoint George T. Wolfley to be

the executor of this my last will and testament, revoking and

annulling all wills by me made; and ratifying and confirming

this and no other to be my last will and testament.

On this 5th day of February one thousand eight hundred

and sixty three. (signed) Susan Wise [seal]

In the presence of

(signed) Duncan P. Darst

Samuel Darst (end of the will.)

Record of the testimony.

The State of Ohio Delaware County Ss.

We Duncan P. Darst and Samuel Darst being duly sworn in

open court this 17th day of March A.D. 1864. depose and say that

we were present at the execution of the last will and testament of

Susan Wise hereto annexed, that we saw the said testatrix

subscribe said will and heard her publish and declare the
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 184)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 184)

Description

[page 184]

[corresponds to page 152 of Will Records Vol. 4 - 1859-1869]


Record of the will of Susan Wise, March 17th 1864


same to be her last will and testament, and that the said

testatrix at the time of executing the same was of

full age, and of sound mind and memory and not under any

restraint, and that we signed the same as witnesses at her

request and in her presence and in the presence of

each other. (Signed) Duncan P. Darst

Samuel Darst

Sworn to and subscribed before me this 17th day of

March A.D. 1864. T.W. Powell Probate Judge.

________________________

Record of the Will of William Shaw decd.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State

of Ohio, at his office in the town of Delaware on

the 17th day of March A.D. 1864.

This day the last will and testament of William Shaw late

of Berlin Township decd. was presented for Probate and record.

Thereupon William B. Shaw and John Gregg the witnesses to

said will came into court and were duly sworn and examined

and their testimony reduced to writing and annexed to the will

and filed therewith; and it appearing to the court that the said

will was duly executed and attested; and that the testator at the

time of executing the same was of full age, and of

sound mind and memory and not under any restraint

thereupon the court upon consideration thereof orders that

the said will be admitted to probate and duly proved as the last

will and testament of the said William Shaw decd. and ordered

to be recorded as such.

Copy and record of the will.

Know all men by these present that I, William Shaw of

Berlin Township Delaware County of the State of Ohio, being of

a sound mind mind and memory do make and publish this

my last will and testament as follows:-

I give and bequeath to my brother Samuel Shaw his heirs and

assigns, the following, beginning at the N. East corner of lot No. 27

in Sec. 2. Township 4. Range 18, thence South 50 perches, thence

west 40 perches, thence north 50 perches to the north line of the

said lot No. 27, thence following said line to place of beginning

excepting such portions of said lot as is cut off and occupied by

the curve of the C.C. & C.R.R.

And I appoint my brother Samuel Shaw as executor of

this my last will and testament, in testimony whereof I have

set my hand and seal and publish and declare this my last

will and testament in the presence of these witnesses this 27th

day of November in the year of our lord 1862.

(Signed) William Shaw

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 185)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 185)

Description

[page 185]

[corresponds to page 153 of Will Records Vol. 4 - 1859-1869]


Record of the Will of William Shaw decd. March 17th 1864.


Signed, sealed, published and declared by the said William Shaw

as and for his last will and testament in the presence

of us, who at his request and in his presence, and

we in the presence of each other have subscribed our

names. (subscribed) W.B. Shaw

John Gregg

Record of the testimony as reduced to writing.

The State of Ohio, Delaware County, Ss.

We William B. Shaw and John Gregg being duly sworn

in open court this 12th day of March A.D. 1864. depose

and say, that we were present at the execution of the

last will and testament of William Shaw hereto annexed

that we saw the said testator subscribe said will and heard

him publish and declare the same to be his last will

and testament and that the said testator at the time of

executing the same was of full age, and of sound mind

and memory and not under any restraint, and that

we that we signed the same as witnesses at his request

and in his presence and in the presence of each other.

(Signed) William B. Shaw

John Gregg

Sworn to and subscribed before me this 12th day of March

A.D. 1864. T.W. Powell Probate Judge

___________________________


Record of the Will of Joseph Greenlee decd.

Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his

office in the town of Delaware on the 25th day of March

A.D. 1864.

This day John Greenlee presented the last will and testament

of Joseph Greenlee late of Troy Township decd. for probate and record.

Thereupon John Cunningham and Joseph C. Bishop witnesses

to the said will came into court and were duly sworn and exam=

=ined, and their testimony reduced to writing, and now annexed to

the will and filed therewith; and it appearing to the court that

the said will was duly executed and attested, and that the testator

at the time of executing the same was of full age and of

sound mind and memory and not under any restraint. There=

=upon the court, upon consideration as the last will and testament of

the said Joseph Greenlee decd. also ordered to be recorded as such.

Widow elects to take under the will, See Jour. 2.284.

Copy and record of the will.


I Joseph Greenlee of the County of Delaware, Ohio do

make and publish this my last will and testament in manner

and form following:-

First. it is my will that all my personal property and effects be sold,
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 186)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 186)

Description

[page 186]

[corresponds to page 154 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Joseph Greenlee decd. March 25th 1864


except what is hereinafter named, and the proceeds thereof be

applied, or so much as may be needed to pay my just debts

and expenses.

2d it is my will that my wife Elizabeth Greenlee have in lieu

of her one year's provisions the balance of the proceeds of

the personal property and all the household and kitchen

furnature, beds and bedding, clothes etc.

3d It is my will that my said wife have in lieu of her

dower, the use and control of the farm on which I now reside

containing about one hundred and fifty acres of land

during her natural life.

4th It is my will that at the death of my said wife the said

farm be appraised and divided as follows; my son John

Greenlee choosing two feeholders and Jane Main wife

of Joseph Main, Martha Main wife of Cornelius Main and

Albert Greenlee choosing two others feeholders; and that they

proceed, after being duly sworn to appraise said farm at

cash value, and that my son John Greenlee have the rite

to take the farm at the appraisement by paying Martha Main

one hundred dollars, and after that pay each of my daughters

Jane Main, Martha Main and my nephew Albert Greenlee one

half of said appraisement in four equal payments one fourth

and one fourth in three years, without interest; and that if the

said John Greenlee should decline to take the said farm

at the appraisement, then the said farm be sold and the pro=

=ceeds be divided as follows; My son John Greenlee shall have

one half, and Martha Main shall have one hundred dollars

and the balance divided equally between my daughter

Jane Main, Martha Main and my nephew Albert Greenlee

5th To carry out my said will I hereby constitute and appoint my

son John Greenlee my executor to execute my said will.

Executed this 16th day of April ) (Signed) Joseph Greenlee

A.D. 1858, and signed by us in his presence )

and at his request. )

(signed) John Cunningham )

Joseph C. Bishop ) (End of the Will)


(Copy & record of the testimony) The State of Ohio, Delaware County Ss.

We John Cunningham and Joseph C. Greenlee being duly sworn in open

court this 25th day of March A.D. 1864, depose and say that we were present at the execution

of the last will and testament of Joseph Greenlee hereto annexed; that we saw the said

testator subscribe said will, and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time of executing the same

was of full age, and of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request, and in his presence, and in the

presence of each other. (Signed) John Cunningham

Sworn to & subscribed before me this 25th day ) Joseph C. Bishop

of March A.D. 1864. T.W. Powell Probate Judge)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 187)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 187)

Description

[page 187]

[corresponds to page 155 of Will Records Vol. 4 - 1859-1869]


Record of the Will of James Cherry - Recorded April 26th /'64

Proceedings had before Thomas W. Powell Judge of the Probate Court

in and for the county of Delaware & State of Ohio, at his office

in the town of Delaware, on the 26th day of April /'64.


Will of James Cherry late of Franklin County Ohio, decd.

This day William Jamison Executor of the late will and

testament of James Cherry late of Franklin County in this state decd.

presented the authenticated copy of the record of the said last

will and testament and codicil of the said James Cherry duly

proved and admitted to record by the Probate Court of Franklin

County, and requested the same to be admitted to record in this

court and county; and upon consideration thereof the same is as

admitted and ordered to be recorded. T.W. Powell Probate Judge



James Cherry's Will

Probate Court December 26th 1'63 -

In the matter of the last will and testament and codicil

thereto of James Cherry deceased.

Be it remembered that on this the 26th day of December A.D. /'63

the last will and testament and codicil thereof of James Cherry

late of the City of Columbus, Ohio deceased (who died on or about the

day of December 1863) was produced in open court and offered for

probate. Thereupon appeared in open Court Frederick Frison and

Peter Hinterschitt two of the subscribing witnesses

to said will and also appeared Benjamin F. Martin and

William T. Martin two of the subscribing witnesses to the codicil

to said will and all of said witnesses were duly sworn and on

oath testified to the due execution of said will and the codicil,

thereunto which testimony was reduced to writing and filed with said will and codicil,

And it appearing to the court by said testimony that said will and

codicil thereto wad duly attested and executed and that said

James Cherry at the time of executing the same was of full age,

and of sound mind and memory and not under any restraint,

It is therefore ordered by the Court that said will and the

Codicil, be, and are the same hereby are admitted to probate

and that the same together with the testimony so reduced

to writing be recorded in the record of wills in this office.

Herman B. Albery-

Probate Judge

Will-

In the name of the Benevolent Father of All;

I James Cherry of the

City of Columbus Ohio, being in perfect health and sound mind

and memory and understanding (thanks be to Almighty

God for the same) being mindful of my mortality do make &

constitute this my last will and testament in manner and

form following, that is to say: It is my will that all my just

debts and funeral expenses be paid out of any money on
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 188)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 188)

Description

[page 188]

[corresponds to page 156 of Will Records Vol. 4 - 1859-1869]


Record of James Cherry decd.

hand or the first receiveable. If my decease shall take place when

Item 2nd I am Administrator of the estate of any person and there shall

be any money in my hands at the time belonging to such estate

or heirs it is my will and desire that in each and every such

case the same shall be immediately paid over as soon as the

amount is satisfactorily ascertained (all of which will be fully

shown by any examination of any Adminsitration book of accounts

and the vouchers on file) to the person or persons legally authorized

to receive the same out of the money on hand and first receivables

until all such are fully paid.

I give and bequeath to my worthy and beloved wife Hannah

Item 3d R. Cherry in lieu of her dower, the use of the following premises

together with the Brick House we now occupy standing thereon

situated on lot No 217 on Friend Street in the City of Columbus

to wit: Commencing on the South line of said lot No. 217 fifty

nine feet from the south east corner of the lot, and running from

thence west with said south line of the lot forty eight and a

half feet to the southwest corner of my office, then northward

at a right angle twenty seven and a half feet, at a right angle

eastward four feet, then at a right angle northward (parallel

with the end lines of subdivision Nos. 1.2.&3) to within ten feet of

the Alley, then eastward parallel with the line of said private

Alley nine feet, then northward at a right angle to said

private alley, then eastward with the line of said alley to within

fifty nine feet of Fair Alley, thence southward across the lots

Nos. 2/6 & 2 to the place of beginning. To have and to use as her own

during her natural life and afterwards to my heirs as here=

=inafter devised: I do also give and bequeath to my said wife

all my household furniture in said house, that she may select

and desire for her own use and convenient: And I also give

and bequeath to her four hundred ($400) dollars in cash for the

maintenance of herself and children one year, to be paid to

her quarterly in advance out of any money receivable for notes

or other uses. I also give and devise to her, my said wife,

one hundred and fifty ($150) dollars annually so long as she

lives and remains my widow after the first year from my

decease which first year is above provided for out of which is to

pay the taxes that may [ ] the Brick House and premises

set off to her as aforesaid after the first year, And it is my

will further that if my decease takes place before my young

child shall be 14 years of age that my wife shall be the

guardian of my children if she remains my widow (but

not otherwise) until they arrive at lawful age to choose

their own guardian. And after the first year from my

decease all expenses for the maintance of my children shall

be paid out of my estate- I also give to my said wife in

trust my Gold Silver Watch, to be kept safely until my son

James Dean shall be twenty one years of age when he
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 189)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 189)

Description

[page 189]

[corresponds to page 157 of Will Records Vol. 4 - 1859-1869]


Will of James Cherry decd.

is to have my said watch if he is living, and if he is not living

my son William Edgar Woods shall have it when he arrives

at age, and if neither of my said sons shall live to maturity

then my daughter Ann Hannah Loyd is to have the said

watch. It is my will that my children (three) James Dean,

Item 4th

Ann Hannah Loyd, and William Edgar Woods and if it

shall so happen that I shall have anymore children whether

sons or daughters, as they become old enough to attend school

they shall be kept strictly at school if possible and their

health will permit until they shall all obtain as thourough

an education as is taught in our Columbus High School

and all the reasonable expenses thereof shall be paid out of my

estate; Always avoiding all unnecessary and extravagant

expenses. And after my Sons get through their schooling and

graduate, then they must learn trades, teach school, study

some profession or get into some employment that their

inclinations may lead them to procure as to provide for them=

selves by the time they are Eighteen or at farthest nineteen

years of age.

Item 5th It is my will and I also devise that my in-lot No. 61 fronting

on Hill Street in South Delaware in Delaware Co. Ohio with its

improvements and appurtenances shall be sold as soon after

my decease as it can conveniently be done (if I do not sell

the same in my life time) at either public private sale

at the discretion of my Executor. If at public sale Thirty

days notice must be given in two newspapers printed in

the town of Delaware and in general circulation. But it

shall not be sold for less than two thousand dollars in

cash, or in payments of five hundred in hand and the

balance in annual payments of not less than two hundred

and fifty dollars with lawful interest, and the interest

on all the deferred payments to be paid annually. All to

be secured by mortgage on the premises - And if the said

property is not sold within three years after my decease

my Executor shall select three disinterested feeholders in

the vicinity of the property who upon their oath shall

appraise the same at cash value, and then it may be

sold for two thirds of the appraisal value, if it will not

bring more, and the payments interest and mortgage

as above specified - And until the said property is sold

it shall be kept in repair and rented annually or for a

term of not more than three years at a time: always

taking care to have the rents payable monthly or quartily

or well secured. It is my will and I so devise that

Item 6th when my said Delaware property shall be sold, I give one

half the price or amount which it shall sell to my daughter

Achsah Musqurove Duden and so long as the property is

not sold, but rented she is to receive one half of the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 190)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 190)

Description

[page 190]

[corresponds to page 158 of Will Records Vol. 4 - 1859-1869]


Will of James Cherry decd.

nett rents after the payments of taxes repairs, insurance and

expenses renting etc to be paid to her at least twice a year or

as fast as the rent is received which shall be in full to her for

Item 7th her share in my estate - I give and devise to my Grand

son James Owen Milligan Fifty dollars to be paid to him

within two years after my decease, if he shall then be living

wherever there shall be that amount on hand or receivable.

Item 8th I give and devise to my Grand daughter Margaret Caroline

Milligan Fifty dollars to be paid to her within one year

after my decease if she shall then be living whenever there

shall be that amount on hand or receivable.

Item 9th It is my will and I do so devise that none of my real

estate in Columbus shall be sold until my youngest child

shall arrive at age or not until the first day of June 1880,

except my undivided two thirds of Inlot No. 234 (in the City of

Columbus purchased of George Ward, Charles Houseman as

per deeds on record and also filed with my papers this last

mentioned property may be sold at any time when it shall

become necessary for the support and education of my children

if I do not dispose of it in my life time. So long as it is not

sold, it is my will that my Executor shall take charge of it

and attend to the renting of it and receiving my portion of

the rent - And further it is my will and I so devise that

my Executor shall take charge of all my real estate, except

that set off to my wife and keep it in reasonably good repair

to get the rent secured in all cases, either in advance payment

or by security, and for so renting and collecting rents and

paying taxes he shall retain five per cent on the amount so

received for his services for so doing.

Item 10th It is my will and desire that if my son James Dean shall

live to arrive at age that he will take an interest in mana=

-ging and taking care of the property for the mutual benefit

of himself and his brother and sister, and if he shall live

and do so, he may receive his share of the net proceeds or income

of said property (after paying taxes and keeping up repairs)

until his brother and sister arrive at age - and I desire of him

to render his mother all the aid and assistance that a dutiful

son ought & can do -

Item 11th It is my will and I so devise that after my children shall

all arrive at lawful age, and after the death of my wife

all my real estate in Columbus may or may not be sold

by my children as they may then determine or they may have

it divided between them as it may best suit them at that time

And it is so intended that the division shall embrace every

thing belonging to my estate whether it be realty money

obligations or any other property. And that the said division

shall be equal giving to each child an equal amount.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 191)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 191)

Description

[page 191]

[corresponds to page 159 of Will Records Vol. 4 - 1859-1869]


Will of James Cherry decd.

Item 12th It is my will and I so devise, that as soon after my decease as

shall be suitable and convenient, all my goods and chattels of

every description in and about my premises that are not selected

by my wife for her own use shall be inventoried and sold

according to law: And also an inventory taken of all my

assets that I may possess at the time of my decease: And

all money at interest and secured by mortgage on unincumbered

real estate may be left standing uncollected until neaded,

and all surplus and unneeded money may be put on interest

at the highest lawful rate, always taking mortgages on

unincumbered real estate for security. As I have no individual

debts to pay I wish all my money to be kept on interest until needed

for some purpose, or as much so as possibly.

Item 13th And lastly I nominate my friend Hon William Jamison

of the City of Columbus to be Executor of this will, and I desire

him as soon after my decease as may be convenient to

enter upon the duties of an Executor, and discharge the duties

thereof to the best of his abilities, I having full confidence

in his capacity. In testimony thereof I hereunto set my

hand and seal this 20th day of May A.D. one thousand

Eight hundred and Sixty three - James Cherry [seal]

Signed sealed and acknowledged by the Testator in our

presence and we in his presence and in the presence of

each other have witnessed the same, he declaring it to be

his last will and Testament.

I. Reinhard

Fred Fricson

C. Krauss

Peter Winterschill

I James Cherry the testator above named do hereby

make the following codicil or amendments to the following

will. First amendment - The 5th and 6th sections (or items)

relating to my Delaware property and to my daughter

Achsah Musgrove Duden, are for changed that the said

property is to be sold within one year after my decease

at fartherest, and and the first one thousand dollars ($1000)

received from the sale thereof is to be immediately paid over

to my said daughter Achsah Musgrove Duden, and is to

be his full of her portion of my estate.

Second Amendment. The fifty dollars divised to my

Grand son James Owen Milligan as expressed in the 7th

section (or item) are now owing to his death to be given

to his sister Margaret Caroline Milligan.

Third Amendment - In addition to the Wm. William

Jamison named in the 13th section (or item) as Executor I

hereby nominate and appoint my friend Alfred Thomas

of Columbus to be Co-Executor with said Jamison.

In witness whereof I hereto put my hand and seal this

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 192)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 192)

Description

[page 192]

[corresponds to page 160 of Will Records Vol. 4 - 1859-1869]


Will of James Cherry decd.

2nd day of December A.D. 1863. his

James x Cherry

mark

Signed sealed and acknowledged in our presence and in his

presence and in the presence of each other, and at his request

witnessed the same.

B.F. Martin

O.W. Lattines

W.T. Martin

Proof -

The State of Ohio.

Franklin County S.S. (Probate Court

We Fred Frisin and Peter Winterschitt being duly sworn

in open court, this 26th day of December A.D. 1863 depose and

say, that we were present at the execution of the last will

and testament of James Cherry deceased, hereunto

annexed; That we saw said testator subscribe said will

and heard him publish and declare the same to be his

last will and Testament: And that the said James Cherry

at the time of executing the same was of full age and of

sound mind and memory, and not under any restraint

And that we signed the same as witnesses at his request

and in his presence, and in the presence of each other

F. Fiser

P. Winterschitt.

Sworn to and subscribed in open Court the day and

year first above written.

H.B. Albeny

Probate Judge

The state of Ohio

Franklin County S.S. (Probate Court

We B.F. Martin and W.T. Martin being duly sworn

in open court this 26th day of December A.D. 1863, depose

and say, that we were present at the execution of the

codicil to the last will and Testament of James Cherry

deceased hereunto annexed. That we saw said testator

subscribe said codicil to said will by making his mark

and heard him publish and declare the same to be a codicil

to his last will and Testament: And that the said James Cherry

at the time of executing the same was of full age and of

sound mind and memory and not under any restraint

And that we signed the same as witnesses at his request

and in his presence and in the the presence of each other.

B.F. Martin

W.T. Martin

Sworn to and subscribed in open court the day and year

first above written - H.B. Albeny

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 193)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 193)

Description

[page 193]

[corresponds to page 161 of Will Records Vol. 4 - 1859-1869]


Record of the will of Ishmael Jones decd.

H.B.A. Dec. 26th 1863 )

Intervenue Stamp )

$1, one Dollar. $.1. )

Probate Court rooms

Franklin County Ohio.

Columbus. O. March 22nd 1864.

Testify that the foregoing is a true copy of the last will and

Testament and codicil of James Cherry deceased as the same

remains of Record in will Record Number "E" Pages one

to seven inclusive

John M. Pugh.

Probate Judge

end of the record. T.W. Powell Probate Judge

_________________________________


Record of the will of Ishamael Jones decd.


Proceedings had before Thomas W. Powell Judge of the Probate Court in and

for the county Delaware and State of Ohio; at his office in the Town of

Delaware on the 4th day of April 1864.

This day the last will and testament of Ishmael Jones late of Radnor

in this county decd. was presented to the court for probate and record.

Thereupon Elisha Cox and Hubard Davis, witnesses to the said will came

into court and was duly sworn and examined and their testimony

reduced to writing, and now anexed to the will and filed therewith;

and it appearing to the court that the said will was duly executed and

attested; and that the said testator at the time of executing the same

was of full age, and of sound mind and memory and not under

any restraint, thereupon the court, upon consideration thereof,

orders that the said will be admitted to probate duly proved as

the last will and testament of the said Ishmael Jones decd. and ordered

to be recorded as such.

T.W. Powell Probate Judge

Copy and record of the will.

In the Name of the Benevolent Father of all.

I Ishmael Jones of the Township of Radnor County of Delaware and state of

Ohio do make and publish this my last will and testament.

Item 1st I give an devise to my beloved wife in lieu of her dower all my household

goods and furniture and one third of the products of the farm during her

natural life.

Item 2nd I give and devise to my Daughter Mary Ann Rosette

Five Dolars.

Item 3th I give and devise to my son Ishmael Andrew Jones the farm on which

I now reside and all my stock Farming utensils, moneys and credits

after paying my just debts. if he should die without issue the

property shall go to the support of the Calvin Methodist Church in

Delhi.

Item 4th I do hereby nominate and appoint Ishmael Andrew Jones

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 194)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 194)

Description

[page 194]

[corresponds to page 162 of Will Records Vol. 4 - 1859-1869]


Record of the will of Andrew Pitts decd.

Executor of this my last will and testament hereby authorizing and empowering

him to compromise adjust release and discharge in such manner as he may

deem proper the debts and claims due me. I do also authorize and empower

him if it shall become necessary in order to pay my debts, to sell by private

sale or in such manner upon such terms of credit or otherwise as he

may think proper all or any part of my real estate and deeds to

purchases to execute acknowledge and deliver in fee simple, I do hereby revoke

all former wills by me made. In testimony whereof I have hereunto

set my hand and seal this 21st day of December in the year 1863.

Ishmael Jones [seal]
Signed and acknowledged by said

Ishamel Jones, as his last will and testament

in our presence and signed by us as in his

presence.

Elisha Cox.

Hubard Davis.

The State of Ohio, Delaware County Ss.

We Elisha Cox, Hubard Davis being duly sworn in open court this

fourth day of April, A.D. 1864, depose and say, that we were present

at the execution of the last will and testament of Ishmael Jones hereuto

anexed; that we saw the said testator subscribe said will, and heard

him publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same was

of full age and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at

his request and in his presence and in the presence of each other

Elisha Cox

Hubard Davis

Sworn to and subscribed before me this 4th day of April, A.D. 1864.

T.W. Powell,

Probate Judge

T.W. Powell

____________________________________


Record of the will of Andrew Pitts decd.


Proceedings had before Thomas W. Powell Judge of the probate

court in and for the county Delaware and state of Ohio, at his

office in the town of Delaware on the 5th day of April, 1864.

This day the will and testament of Andrew Pitts, late of Tompson

Township decd was presented to the court for probate and record.

Thereupon Emanuel Hite, and Elias Deal, witnesses to the said will came

into court and were duly sworn and examined and their testimony

reduced to writing, and now annexed to the will and filed therewith;

and it appearing to the court that the said will was duly executed and

attested, and that the testator at the time of executing the same was of

full age, and of sound mind and memory, and not under any restraint

thereupon the court upon consideration thereof, orders that the said

will be admitted to probate as duly proved as the last will and testament

of the said Andrew Pitts decd. and ordered to be recorded as such.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 195)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 195)

Description

[page 195]

[corresponds to page 163 of Will Records Vol. 4 - 1859-1869]


Will of Andrew Pitts decd.


Copy of the will of Andrew Pitts.


The State of Ohio Delaware County, Ss. Thursday, August the 6th A.D. 1863.

I Andrew Pitts hereby wish my property to be disposed of as follows.

I request that my wife Elizabeth S. Pitts, to have the entire control of the property

owned by me during her life time, she shall have the power to sell the land

owned by me, being parts of Lots No 22 and 23. as servade by Joel Wright, for

Baum and Perry, and to make a good and lawful deed, for the same,

Provided that the same amount of land or more land is bought, and the

said E.S.Pitts is to have and controle the land bought the same as the

land afore said, No 22 & 23 containing 80 acres, her life time at her death

it is to be equaly devided betwene my three children James E Pitts and

George B. Pitts and Mary L. Pitts, my chattels is to pay my credetors

whereas I set my hand and seal.

Andrew Pitts. [Seal]

Witness. Emanuel Hite

Elias Deal

The State of Ohio, Delaware County, Ss.

We Emanuel Hite and Elias Deal being duly sworn in open court this 5th

day of April A.D. 1864 depose and say, that we were present at the execution

of the last will and testament of Andrew Pitts hereto annexed; that we

saw the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament, and that the

said testator at the time of executing the same was of full age, and of

sound mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his presence, and in

the presence of each other.

Emanuel Hite.

Elias Deal.

Sworn to and subscribed before me this 5th day of April A.D. 1864

T.W. Powell

Probate Judge

End of the record. T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 196)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 196)

Description

[page 196]

[corresponds to page 164 of Will Records Vol. 4 - 1859-1869]


Record of the will of Orrin Barrows decd.


Record of the will of Orrin Barrows decd.


Proceedings had before Thomas W. Powell Judge of the probate court in and for

the county Delaware and state of Ohio, at his office in the Town of Delaware

on the 23 day of April 1864. This day the last will and testament of Orrin

Barrows late of Orange Township in this county deceased, was presented to the

court for probate and record; thereupon William Bockoven, Gustin

Havens and James Ferson Jr, the witnesses to the said will came into

court and were duly sworn and examined and their testimony

reduced to writing, and now annexed to the will and filed therewith

and it appearing to the court that the said will was duly executed and

attested, and that the testator at the time of executing the same was of full

age and of sound mind and memory and not under any restraint

thereupon the court upon consideration thereof orders that the said

will be admitted to probate as duly proved as the last will and testament

of the said Orrin Barrows decd and orders it be recorded as such.


Copy of the will of Orrin Barrows.

I Orrin Barrows of orange Township Delaware County State of Ohio being of sound

and disposing mind, memory and understanding, do make, publish and

declair this to be my last will and testament; hereby revoking and making

nul and void all former wills & testaments and writings in the nature

of last wills & testaments by me heretofore made.

1st My will is first that my funeral charges and just debts shall be paid by

my Executor herein after named.

2d The residence of my estate and property which shall not be required

for the payments of my just-debts, funeral charges and the expense of

the execution of this my last will and the administration of my estate

I give devise and dispose thereof as follows, to wit I give devise and grant

to my son Hilo F. Barrows the farm on which I now live situated in

said Orange Township Delaware County State of Ohio and in Range

Eighteen Township three section one of the United States military

survey being the North part of lot No 2. Also I give & bequeath to said Philo F.

Barrows my son aforesaid all the rest & residue of my estate real, personal

and mixed of which I shall be seized and possessed, or to which I shall be entitled

at the time of my decease to have and to hold the same to him and to his heirs execut-

=ors, administrator & assigns, to his and their use and behalf for ever:

Provided however that he pay to my grand daughter Sarah Llewellyn

Harris daughter of my daughter Oerel J. Harris Decd fifty dollars, one

half thereof in six months after my decease & the other half in

one year from that time. Also that he pay to my grand daughter

Oerel Clara Harris daughter of my said daughter Oerel J. Farris

deceased the sum of fifty dollars to be paid to her Guardian, one

half of said sum in six months after my decease and the other be

in one year from that time; Also that said Hilo F. Barrows shall

pay to my daughter Louisa O. Lincoln two hundred dollars, one half

thereof in six months after my decease, and the other half in one

year from that time (this sum of two hundred dollars I devise to

my said daughter Louisa O. Lincoln, and her heirs to be equally

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 197)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 197)

Description

[page 197]

[corresponds to page 165 of Will Records Vol. 4 - 1859-1869]


Will of Orrin Barrows decd.

divided between her said heirs at her decease)

3d I do nominate and appoint my said son Hilo F. Barrows to be the sole

executor of this my last will and testament: and it is my wish

& request that my said executor administer on this my last will

and testament without being required to give bond or have the property

appraised or any inventory of the same made or returned to court

having full confidence in the ability & integrity of my said son

my said Estate as required by this my last will & testament.

in testimony whereof I the said Orrin Barrows have hereto

subscribed my name and fixed my seal this seventh day of November

A.D. 1863

Signed, sealed and declared by

said Orrin Barrows to be his last

will and testament in presence

of us, who at his request and

in his presence have subscribed our names

as witness hereto in the presence of each other.

Willam Bockoven

Gustin Havens

James Ferson Jr.

The State of Ohio, Delware County Ss.

We William Bockoven, Gustin Havens and James Ferson Jr.

being duly sworn in open court this 23d day of April A.D. 1864

depose and say that we were present at the execution of the last

will and testament of Orrin Barrows hereto annexed; that we

saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will and testament,

and that the said testator at the time of executing the same

was of full age, and of sound mind and memory and not under

any restraint, and that we signed the same as witnesses at his

request and in his presence, and in the presence of each other.

William Bockoven

Gustin Havens

James Ferson Jr.

Sworn to and subscribed before me on this 23d day of April A.D. 1864.

T.W. Powell Probate Judge

End of the Record T.W. Powell Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 198)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 198)

Description

[page 198]

[corresponds to labeled page 166 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Margaret Fowler decd.

Proceedings had before Thomas W. Powell Judge of the Probate Court in and for

the County Delaware and State of Ohio, at his office in the Town of Delaware

on the 21st day of May 1864.

This day the last will and testament of Margaret Fowler late of Porter Town-

=shipe in this County decd. was presented to the court for Probate and

record. Thereupon Charles Wilcox and Salmon P. Lott, the witnesses of the

said will came into Court and were duly sworn and examined, and their

testimony reduced to writing and now annexed to the will and filed there

with; and it appearing to the court that the said will was duly esecu-

ted and attested and that the testatrix at the time of executing the same

was of full age, and of sound mind and memory and not under any

restraint; Thereupon upon consideration thereof, the Court orders that

the said will be admitted to probated as duly proved as the last will

and testament of the said Margaret Fowler decd. and ordered to be recorded

as such.

In the name of the Benevolent Father of all I Margaret S. Fowler

of the Township of Porter County of Delaware in the State of Ohio being of

sound mind and memory Blessed be Almity God for the same do make

and publish this my last will and testament.

I give and bequeath to Jane Hemminger and Lydia Grummond all my

wearing apperal household goods and furniture.

Item 2nd I give and bequeath to the aforesaid Lydia Grummond my

gold beads

Item 3rd I give and bequeath to John F. Hemminger a house and lot in the

village of East Liberty owned by me.

Item 4th I give and bequeath to Charles E. Hemminger one hundred dollars

in money

Item 5th I give and bequeath to Fowler and Austin Grummond four

hundred dollars each in money

Item 6th I give and bequeath to Jane Ann Hemminger & Lydia Grummond

the ballance of my money in Equal potions after paying my legal

debts and Funeral charges

Item 7th I give and bequeath to Jane Ann Hemminger my silver tea

and sauce spoons

I hereby revoke all former wills made by me, I hereby constitute and

apoint Charles Wilcox the executor of this my last will & testament

In testimony hereof I have hereunto set my hand and seal this 24th day

of March 1864. her

Signed sealed and acknowledged ) Margaret x Fowler {seal}

in presence of ) mark

Charles Wilcox. )

S.P. Lott )

Copy of the testimony. ~

The State of Ohio, Delaware County Ss.

We Charles Wilcox and Salmon P. Lott being duly sworn in open court

this day of May A.D. 1865. depose and say, that we were present at the

execution of the last will and testament of Margaret Fowler hereto annexed;
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 199)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 199)

Description

[page 199]

[corresponds to labeled page 167 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Margaret Fowler decd.


that we saw the said testator subscribe said will, and heard him publish and

declare the same to be her last will and testament, and that the said testator at

the time of executing the same was of full age, and of sound mind and

memory, and not under any restraint and that we signed the same as

witnesses at her request and in her presence, and in the presence of each

other

Charles Wilcox.

Salmon P. Lott.

Sworn to and subscribed before me this 21st day of May A.D. 1864.

T.W. Powell, Probate Judge.

______________________________


Record of the Will of Irvin McD. Finch decd


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his office

in the Town of Delaware on the 27th day of June A.D. 1864.

This day the last will and testament of Irvin McD. Finch late of

this county, deceased, was presented to the court for Probate and record

Thereupon the said Will was duly proved by the testimony of James R.Hubbell

and Thomas W. Powell whose testimony was reduced to writing, and now

annexed to the said Will and filed therewith; and it appearing to the court

that the said will was duly executed and attested; and that the said testator at

the time of executing the same was of full age, and of sound mind

and memory, and not under any restraint; Thereupon, upon consider

=ation thereof, the Court orders that the new will be admitted to probate

as duly proved as the last will and testament of the said Irvin McD Finch

decd and ordered to be recorded as such.

Copy of the Will.

The Will and testament of Irvin McD. Finch. I, Irvin McD. Finch

do hereby make this my last will and testament as follows, to wit: ~

As I am now about to go into the service of the United States

in the War against the Secession Rebellion, and in case I should

die while about it is my will and I accordingly will and devise

my real property as follows to wit: ~ first, that my executor sell and

dispose enough thereof to pay all my just debts; and the residue thereof

I will, give and devise to my grand Mother, Mary Grimes Gaston for

and during her life time, and after her death to be divided equally

amongst her children and their heirs forever.

I hereby make, constitute and appoint Robert Gaston executor

of this my last will and testament; and give him full power and authority

to sell and convey sufficient of my real property to pay my said debts and

pass over to my Grand Mother the residue thereof as aforesaid.

Signed & published as my will this 11th day of June 1861.

(Signed) I.M. Finch {seal}

Done in our presence as witnesses thereto )

(signed) James R. Hubbell )

T.W. Powell )

[seal] (over).
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 200)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 200)

Description

[page 200]

[corresponds to labeled page 168 of Will Records Vol. 4 - 1859-1869]


Record of the will of Irvin McD. Finch decd.

Continued. Copy of the testimony in proof of the will.

The State of Ohio, Delaware County S.s.

I, James R. Hubbell being duly sworn in open court this 27th day

of June A.D. 1864, depose and say that we were present at the execution of

the last will and testament of Irvin McD. Finch hereto annexed; that we

Thomas W. Powell and this affiant saw the said testator subscribe said will

and heard him publish and declare the same to be his last will and testa

=ment, and that the said testator at the time of executing the same, was of

full age, and of sound mind and memory, and not under any restraint, and

that we signed the same as witnesses at his request and in his presence and

in the presence of each other. And the said Hubbell says that the said will

was duly witnessed by him and said Powell as witnesses as above states, and

the will then duly executed; and the said Powell is now the Probate Judge of the

County. (signed) J.R. Hubbell

Sworn to and subscribed before me this 27th day of June A.D. 1864.

T.W.Powell Probate Judge

The State of Ohio, Delaware County S.s.

I, Thomas W. Powell being duly sworn this 27th day of June A.D. 1864

depose and say that we this affiant and James R. Hubbell were present

at the execution of the last will and testament of Irvin McD. Finch hereto

annexed; that we saw the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament, and that the said testator

at the time of executing the same was of full age and of sound mind and

memory, and not under any restraint, and that we signed the same as witnesses

at his request and in his presence and in the presence of each other.

(signed) T.W.Powell

[notorial] Sworn to and subscribed before me this 27th day of June A.D. 1864

Henry J. Eaton, Notary Public

in & for said county & state

___________________________ || _______________________________

Record of the will of Hiram A. Fuller decd. July 22d 1864.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the said county of Delaware and the

State of Ohio, at his office in the Town of Delaware on

the 22d day of July A.D. 1864.

This day the last will and testament of Hiram A. Fuller

late of Berkshire Township in this county deceased was

presented to the court for Probate and record. Thereupon

Demos Bricker and David T. Sherman witnesses

to the said will came into court and were duly sworn and

examined, and their testimony reduced to writing and now

annexed to the will and filed therewith; and it appearing to the

court that the said will was duly executed and attested, and that

the said testator at the time of executing the same was of

full age and of sound mind and memory and not under any

restraint; thereupon the court upon consideration thereof, orders

that the said will be admitted to probate as duly proved as


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 201)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 201)

Description

[page 201]

[corresponds to labeled page 169 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Hiram A. Fuller decd. July 22d 1864


the last will and testament of the said Hiram A. Fuller decd.

and ordered to be recorded as such.

Record of the Will.

In the name of the Benevolent Father of All: ~ I Hiram

A. Fuller of the Township of Berkshire County of Delaware and

State of Ohio, do make and publish this my last will and testa

=ment as follows, to wit: ~ After the payment of all my past debts

I give and bequeath to my son Ralf M. Fuller the farm on

which I reside situated in the township of Berkshire, County

of Delaware and State of Ohio; bounded as follows, to wit; on the

north by lands owned by Joseph Prince, on the east by the road

on the south by the lands owned by the heirs of James Jones;

on the west by lands owned by J. Hoskins, containing ninety nine

acres. The said Ralph M. in consideration of the above bequest

shall furnish to myself & Rody my wife a good & sufficient

support and provide for all our wants both in sickness and

in health; and at our deaths severally a respectable burial

and cause to be erected tomb stones over our graves. After

my death and the death of my wife Rody, the above mentioned

farm shall be divided between Ralf M. Fuller and Lydia A.

Gregg, as follows, to wit; the part assigned to Ralf M. Fuller shall be

bounded by commencing at the north east corner of the farm,

thence South twenty six & a half rods; thence west eighteen rods;

thence north three rods; thence west eighteen rods; thence south

one and a half rods; thence west to the west line of the said lot;

all the lines running west to be parallel with the north line of

said lot; containing fifty acres more or less; the said Ralf M.

Fuller to have the privilege of watering his stock at the spring on

the south half of the farm. The balance of the my farm being the

south part and containing forty nine acres, I give and bequeath

to Lydia A. Gregg, on condition that she pay to the heirs of Hiram

C. Fuller and to the heirs of Samuel L. Fuller the following sums to

wit; nine hundred dollars in payments as follows, three hundred

dollars one year after the death of myself and

Rody my wife; three hundred dollars two years after the date of

the first payment; three hundred dollars two years after the date

of the second payment; each instalment to be equally divided

amongst the above mentioned heirs severally. I hereby nomin

=ate and appoint Henry Gregg Executor of this my last will and

testament; hereby authorizing & empowering him to adjust release

and discharge in such manner as he shall deem lawful and sight

the claims due to me; and I hereby revoke all former wills made

by me. In testimony whereof I have hereunto set my hand &

seal, this fourth day of March in the year one thousand either hundred

and sixty four. (signed) H.A. Fuller [Seal]

Signed and acknowledged by said Hiram A. Fuller as his )

last will and testament in our presence and signed by us in his )

presence. (signed) Demos Bricker, D.J. Sherman, David Gregory )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 202)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 202)

Description

[page 202]

[corresponds to labeled page 170 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Hiram A. Fuller. July 22d 1864.

Copy of the testimony, to wit:~

The State of Ohio, Delaware County S.s.

We Demos Bricker and David J. Sherman, being duly sworn

in open court this 22d day of July A.D. 1864, depose and say that

we were present at the execution of the last will and testament of

Hiram A. Fuller hereto annexed; that we saw the said testator

subscribed said will, and heard him publish and declare the same

to be his last will and testament, and that the said testator at the

time of executing the same was of full age, and of sound

mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his pres

=ence, and in the presence of each. and they further say that

David Gregory the third witness to the said will has left this county and

gone to some place unknown in California.

(Signed) Demos Bricker

D.J. Sherman.

Sworn to and subscribed before me this 22d day of July A.D. 1864.

J.W. Powell Probate Judge

_________________ || _______________________

Record of the will of Enoch Domigan decd.

Proceedings held before Thomas W. Powell Judge of the

Probate Court in and for the said county of Delaware

at his office in the Town of Delaware on the 15th day of

August A.D. 1864.

This day the last will and testament of Enoch Domigan

late of the said county decd. was presented to the court for probate

and record. Thereupon James P. Crawford and Susan Crawford

witnesses to the said will came into court and were duly sworn

and examined, and their testimony reduced to writing and now

annexed to the will and filed therewith; and it appearing to the

court, that the said will was duly executed and attested, and that

the testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint

thereupon the court upon consideration thereof orders that

the said will be admitted to probate as duly proved as the last

will and testament of the said Enoch Domigan decd. and ordered

to be recorded as such.

Copy of the will.

In the name of the Benevolent Father of All.

I Enoch Domigan do make and publish this my last will

and testament.

Item 1st I give and devise to my beloved wife in lieu

of her dower, one third of the valuation of the farm on which

we now reside, situated in the county of Delaware and state of Ohio
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 203)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 203)

Description

[page 203]

[corresponds to labeled page 171 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Enoch Domigan. August 15th 1864.

in R.17. Tp.4. S.3. No.S.M. Survey, north east part of Lot No. 22

Referance to a deed from Elijah Carney to said Enoch Domigan,

also one third of all my personal property

money and credits, in case of a division of property between

my wife and my son William, I will that my wife have the

occupancy and control of the east dwelling house; and also

a proportionable occupancy in the barn with my son William,

and that my wife hold and control the above willed real estate

during her widowhood; and if she never marries then, during

her natural life.

Item 2. I give and devise to my son William Domigan

two thirds of the valuation of the farm on which we now reside

as above described; also in case of a division of property between

him and my wife that he have the occupancy and control of

the west house together with his interest in the barn; also an

equal share of the residue of my personal property together

with John Domigan, Hiram Domigan, Elias Domigan,

Lewis D. Domigan and to Jeremiah Domigan. I will and

devise a note of hand for the sum three hundred dollars

given by me to John Jacobus as a part of his legase and

to Eliza Huff Daughter of Ezekiel Domigan I will and

devise forty dollars and to the rest of the heirs of Ezekiel

Domigan I will and devise five dollars each.

Item 3. I do hereby nominate and appoint Ezekiel

Brown and J.P. Crawford executors of this my will and

testament hereby authorizing and empowering them or either

of them to compromise, adjust, release and discharge in

such manner as they may deem proper the debts & claims

due me. I do also authorize and empower them to

pay all my debts and make distribution of my property in

accordance with this my last will and testament. And I do

hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and seal

this 13th day of Oct. 1863.

Signed and acknowledged by said Enoch Domigan ) (Signed) Enoch Domigan [Seal]

As his last will and testament in our presence and )

signed by us in his presence (Signed) J.P. Crawford )

Susan Crawford )

The State of Ohio Delaware County S.s. We James P. Crawford and Susan
Crawford

of testimony being duly sworn in open court this 15th day of August
A.D. 1864, depose and say that

we were present at the execution of the last will and testament of Enoch Domigan

hereto annexed; that we saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will & testament and that the said testaor at the time

of executing the same was of full age, and of sound mind and memory and not under any

restraint, and that we signed the same as witnesses at his request and in his presence and

in the presence of each other. (Signed) J.P. Crawford

Susan Crawford

Sworn to and subscribed before me this 15th day of August A.D. 1864.

T.W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 204)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 204)

Description

[page 204]

[corresponds to labeled page 172 of Will Records Vol. 4 - 1859-1869]


Record of the will of John P. Jones decd. Sept. 9th 1864.

Proceedings had before Thomas W. Powell judge of

the Probate Court in and for the county of Delaware at his

office in the Town of Delaware on the 9th day of September

A.D. 1864.

This day the last will and testament of John P. Jones

late of Radnor in this county decd. was presented to the

court for probate and record. Thereupon David Pritchard

one of the witnesses to the said will came into court was duly

sworn and examined, and his testimony reduced to writing

and now annexed to the will and filed therewith; and

it appearing to the court that John N. Cox the other witness

to the said will was deceased, thereupon Joseph N. Cox came

into court, was duly sworn & examined and his testimony

after being reduced to writing as aforesaid; and it appearing

to the said court that the said will was duly executed and

attested, and that the testator at the time of executing the same

was of full age, and of sound mind and memory and not

under any restraint; thereupon the court upon considera

=tion thereof, orders that the said will be admitted to probate

as duly proved as the last will and testament of the said

John P. Jones decd.

Record of the will to wit:~

In the name of the Benevolent Father of All:~

I John P. Jones of Radnor Township, Delaware Co. and

State of Ohio, do make and publish this my last will and

testament.

Item 1st I give and bequeath to my beloved wife Mary Jones

in lieu of her dower the farm known as the Penlan farm

containing one hundred and eighty acres of land during

her natural life. Also all my house hold furnature and

stock, and all personal property belonging to me for her

own use, to be disposed of as she may deem best, after

paying out of the same of my just debts and funeral expenses

2d I also give and devise and bequeath unto my said wife

Mary Jones, the lot, house and school house known as

David Bliett place containing about four acres of land

in fee simple, and after her death to Mary Bourford my daugther

3rd I give and bequeath to Mary Bourford after my death

seven hundred dollars.

4th I give and bequeath unto my son William Jones twenty

dollars to be paid after the death of my wife

Mary Jones; and the same amount to Phillip Jones and Joan

Penry.

5th I give and bequeath unto my three grand children - the

children of my deceased daughter Margaret Allen the sum

of six hundred dollars to be equally divided among them

or the survivors of them, to be paid after my death and my

wife's.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 205)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 205)

Description

[page 205]

[corresponds to labeled page 173 of Will Records Vol. 4 - 1859-1869]


Record of the will of John P. Jones decd. Sept. 9th 1864.

Item 6th Whatever property remains after my decease

and my wife's, to be equally divded between William Jones,

Joan Penry and Mary Bunford.

Item 7th I do hereby nominate and appoint my son William

Jones, David Prichard and Mary Jones my wife as execu=

=tors of this my last will and testament, and do hereby revoke

all former wills by me made.

In testimony whereof I have hereunto set my hand and seal

this twenty third day of November in the year of our Lord one

thousand eight hundred and fifty four.

Signed and ackowledged by said J.P. Jones) (Signed) John P. Jones [seal]

Penlan as his last will and testament in )

presence of us. (signed) David Prichard )

John N. Cox )

Record of the testimony as reduced to writing

The State of Ohio, Delaware County S.s.

I, David Prichard being duly sworn in open court this 9th

day of September A.D. 1864 depose and say that I was present at

the execution of the last will and testament of John P. Jones hereto

annexed; that she saw the said testator subscribe said will, and heard

him publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same was

of full age, and of sound mind and memory, and not under any

restraint, and that we, this affiant and John N. Cox now deceased at the

same time; signed the name as witnesses at his request and in his

presence, and in the presence of each other, that both this affiant

and said John N. Cox were present at the execution of said will as

as above stated, and both signed the same in the manner above

stated in the presence of the testator and at his request and in the

presence of each other; the said John N. Cox is now deceased.

(signed) David Prichard.

Sworn to and subscribed before me this 9th day of September A.D. 1864.

T.W. Powell Probate Judge

The State of Ohio, Delaware County S.S. Joseph C. Cox being

duly sworn upon his oath says that he has examined the will of

John P. Jones hereto attached, and to which the signatures of John

N. Cox is attached as witness; said John N. Cox was deponants

father, and was well acquainted with his signature and says that

the signature of his to the said will is genuine that he recollects

the fact and the date of making the will and was at that time

well acquainted with said John P. Jones and says that the said John

P. Jones was a man then of sound mind and memory and well

capable of making his will. (signed) Joseph C. Cox.

Sworn to & subscribed before me this 9th day of September

A.D. 1864. T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 206)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 206)

Description

[page 206]

[corresponds to labeled page 174 of Will Records Vol. 4 - 1859-1869]


Record of the will of David B. Jones decd. Sept. 14th 1864

Proceedings had before Thomas W. Powell judge of

the Probate court in and for the county of Delaware at

his office in the Town of Delaware on the 14th day

of September A.D. 1864.

This day the last will and testament of David B. Jones

late of Radnor in the said county decd. was presented

to the court for probate and record. Thereupon Abraham

Lloyd and Thomas Owens witnesses to the said will came

into court and were duly sworn and examined and their

testimony reduced to writing, and now annexed to the

will and filed therewith; and it appearing to the court that

the said will was duly executed and attested, and that the testa

=tor at the time of executing the same was of full age

and of sound mind and memory and not restraint;

Thereupon the court upon consideration thereof orders

that the said will be admitted to probate and duly proved

as the last will and testament of the said David B. Jones

decd. and ordered to be recorded as such.

Record of the will; to wit:~

I David B. Jones of Radnor Township, Delaware County

Ohio, do make and publish this to be my last will and testament

in manner and form following that is to say:~

First: It is my will that all my funeral expenses and all my

just debts be fully paid.

Second: I give bequeath and devise to my beloved wife Mar

=garet all the property that I own real and personal during her

natural life time.

Third. I give, devise and bequeath to my daughter Mary

Watkins two hundred and fifty dollars also I give to my

daughter Sarah Cox one dollar also I give to my dau

=ghter Gwin Jones one dollar; also in addition to the

above I give and bequeath to my daughter Mary Watkins

one clock, and bed and beding and bedstead, one bureau

and one tub.

Fourth. I give devise and bequeath all the balance left

after paying the above two hundred and fifty two dollars

after my wife's death, to be equally divided between my wife

Margaret's children living at her death; and lastly I hereby

constitute and appoint William Watkins to be the executor

for this my last will and testament revoking and anulling all

former wills by me made; and ratifying and comfirming this

and no other to be my last will and testament.

In testimony whereof I have hereunto set my hand and seal

this 19th day of January A.D. 1859. (signed) David B. Jones [seal]

Signed published and declared by the above named David B. Jones )

as and for his last will & testament in presence of us, who at )

his request have signed as witnesses to the same. )

his )

Abraham Lloyd. Thomas X Owens )

mark )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 207)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 207)

Description

[page 207]

[corresponds to labeled page 175 of Will Records Vol. 4 - 1859-1869]


Record of the will of David B. Jones decd. Sept. 14th 1864.

Record of the testimony as reduced to writing.

The State of Ohio, Delaware County S.s.

We Abraham Lloyd and Thomas Owens being duly sworn

in open court this 14th day of September A.D. 1864, depose and

say that we were present at the execution of the last will

and testament of David B. Jones hereto annexed, that we saw

the testator subscribe said will and heard him publish and

declare the same to be his last will and testament, and that

the said testator at the time of executing the same was of

full age, and of sound mind and memory and not under

any restraint, and that we signed the same as witnesses at his re=

=quest and in his presence and in the presence of each other.

(signed) Abraham Lloyd

his

Thomas Owens

Sworn to and subscribed before me this 14th day of September

A.D. 1864. T.W. Powell Probate Judge

_______________ || ______________________

Record of the will of Samuel Poppleton decd.

Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the county of Delaware and

State of Ohio, at his office in the Town of Delaware on

the 30th day of September A.D. 1864.

This day B. F. Poppleton presents in court the last will and testament

of his father Samuel Poppleton late of this county decd. and asked

a commission to be issued by this court to L.B. Smith Esqr of

Elyria, in the county of Lorain in this state to take the

testimony and deposition of Charles W. Johnston and John W.

Burwell of Elyria, who are the subscribing witnesses to the said

will and testament of the said Samuel Poppleton decd. which

is accordingly ordered and the commission issued.

And afterwards on the 10th day of October A.D. 1864 the

following entries were made by the court on its journal. to wit:~

This day the Commission heretofore issued to L.B. Smith Esqr

as Commissioner to take the depositions etc of the witneses

to the said will, and proof of the due execution thereof

was duly returned with the testimony of Charles W. Johnstown

and John W. Burwell the witnesses to the said will, reduced to

writing and annexed to the said will; and it thereupon appearing

to the court that the said will was duly executed and attested; and

that the testator at the time of executing the same, was of full

age, and of sound mind and memory, and not under any re=

=straint; thereupon the court, upon consideration thereof, orders

that the said will be admitted to probate as duly proved as

the last will and testament of said Samuel Poppleton decd.

and ordered to be recorded as such. ordered further

that letters testamentary with the will annexed be granted

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 208)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 208)

Description

[page 208]

[corresponds to labeled page 176 of Will Records Vol. 4 - 1859-1869]


Record of the will of Samuel Poppleton decd. October 10th 1864

to Houston H. Poppleton and Early F. Poppleton the executors

named in the will, upon giving bonds in the sum of $2000

also have accordingly given such bond with William P. Reid

and Hiosea W. Chamberlain -- as their surities and

are appointed appraisers

of the said estate.

Copy and record of the will:-

In the name of the Benevolent Father of All:

I Samuel Poppleton of Delaware, Delaware county

Ohio, being of sound and disposing mind, memory and

understanding, do make, publish and declare this

to be my last will and testament in manner and

form following that is to say:-

First. It is my will and desire that all my just debts, funer

=al charges and expenses; and the costs and expenses

attending the execution of this my will shall be paid

by my executors hereinafter named out of my personal

property.

Second. I give and devise to my beloved wife in lieu of her dower

Five thousand dollars ($5000) to be made out of my personal

property after making provision for charges and expenses in

item first, if it can be done. If it cannot be made

out of my personal property as above, then the residue shall

be made up out of my real estate. I also give and

bequeath to her all house hold goods and furniture of which

I may die seized.

Third. I give and bequeath to my Grand Daughter Clara Poppleton

one hundred dollars. If she does not become of age

until after my decease it shall be paid when she so

becomes of age. If she becomes of age before my decease

then according to law.

Fourth. That after paying the above bequest and costs and expenses

it is my desire and will that the residue of my property and

estate, both real and personal shall be divided into eight

(8) equal shares; one of which shares shall go to each of the

following persons named, and in this order, to wit: Mary B. Fisher,

Emory B. Poppleton, Parthenia P. Burk, Early F. Poppleton,

Houston H. Poppleton, Jada C. Linnell and my grand son George

B.P. Lake; and that the remaining share shall be invested

in improved or partially improved real estate by Houston H.

Poppleton (who is hereby appointed trustee for that purpose) for

his family, and said Samuel D. and his family shall in common

have the use and occupancy of said real estate in which

said share is so invested; and said real estate shall be

either occupied in common by said Samuel D. and his

family, or the proceeds thereof shall be applied directly

towards the support and maintainance in common

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 209)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 209)

Description

[page 209]

[corresponds to labeled page 177 of Will Records Vol. 4 - 1859-1869]


Record of the will of Samuel Poppleton, October 10th 1864

of him and his family. And the said Trustee and his suc=

=cessor shall have the right, and they are hereby empowered

to see that the proceeds of said estate in which said share

is invested and applied to the support of said Samuel D.

and his family; and if the proceeds of said estate are

directed or attempted to be directed from the support of said

Samuel D. and his family, the said trustee or his successor

shall have the right to take possesion of said prop=

=erty and apply the rent and profits to their support, or put

his family in possesion and occupancy of said premises

as they may desire. And the said Samuel D. shall have

no interest property or right in or to said property or the pro=

=ceeds thereof, except it is used by him in connection

with his family. And within a reasonable time after

the death of said Samuel D. the said property shall be con=

=verted by said trustee or successors to the heirs at law of the

said Samuel D. Poppleton. If George E.P. Lake shall not

survive me or die before he arrives at maturity, without

leaving issue, then his share to be equally divided among

my children above named. It is my will that my children

above named take and that my property go to them as above

specified.

Fifth. I hereby appoint my wife Julia A. Poppleton trustee of this

will to receive the share of George E.P. Lake and hold the

same without bonds and without interest for his use, which

share shall be paid to him when he becomes of age

without interest.

Sixth. I hereby nominate and appoint Houston H. Poppleton and

Early F. Poppleton executors of this my last will and testament,

hereby authorizing and empowering them to compromise

and adjust, release and discharge in such manner as

they may deem proper the debts and claims due me; and

I do also authorize and empower then if it shall become

necessary to pay my debts and settle up my estate, to sell

by private sale or otherwise, and in such manner and upon

such terms as they may think proper, all or any of my real

estate and deeds to purchasers to execute, acknowledge and

deliver in fee simple;

Seventh. In case either of my said children or their heirs or any other

person or persons shall be dissatisfied with this my last will and

testament and shall attempt to break the same or attempt

to obtain any part of my estate not hereby clearly given them

and shall commence or attempt to commence a suit for

that purpose, he, she or they shall forfeit all right and interest

to any part of my estate whether conveyed to them by this instru

=ment or not, and their share or interest whatever it is, shall go

to my children above named who do not seek to change

(over)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 210)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 210)

Description

[page 210]

[corresponds to labeled page 178 of Will Records Vol. 4 - 1859-1869]


Record of the will of Samuel Poppleton decd. October 10th 1864

the effect of this will or the direction given my property by it.

And I hereby revoke each will and all wills made by me

heretofore. In testimony whereof I have hereunto set my

hand and seal this 22d day of July A.D. 1862

(signed) Samuel Poppleton [Seal]

Signed and acknowledged by said Samuel Poppleton as his last will &

testament in our presence and signed by us as witnesses in his presence

the day and year above written. (Signed) Charles W. Johnston

J.W. Burrell

End of the will -

Record of the Commission and testimony -

The State of Ohio )

Delaware County Ss. )

To L. B. Smith Esqr. of Elyria.

The Probate Court in and for the said County of Delaware

placing special confidence in your integrity and abilities

hereby appoints and authorize you as commissioner to

take the testimony and deposition of Charles W. Johnston

and John D. Burrell two subscribing witnesses to the last will and

testament of Samuel Poppleton late of Delaware County

hereto annexed, for the purpose of proving the due execution

and attestation of the said will; and for that purpose to administer

to them the proper oath or afirmation, examine them thereto, and

take their deposition in writing, and then enclose the same

directed to this court, with your proceedings thereon duly certified

and for so doing this shall be your commission.

[S.S.] In testimony whereof I Thomas W. Powell Probate

[ Probate Court] Judges of the said County have hereunto set my hand

[of Delaware Co.] and affixed the seal of the said Probate Court at

[Ohio} Delaware, Ohio, this 30th day of September 1864.

T.W. Powell Probate Judge.

The return is as follows: -

The State of Ohio, Lorain County Ss.

We Charles W. Johnstown and John W. Burrell of Elyria, Ohio being duly

sworn before me L.B. Smith a Commissioner appointed by the

Probate Court of Delaware County, Ohio, this 5th day of October A.D.

1864 depose and certify that we were present at the execution of

the last will and testament of Samuel Poppleton hereunto annexed;

that we saw the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament; and that

the said testator at the time of executing the same was of full age,

and of sound mind and memory; and not under any restraint

and that we signed the same as witnesses at his request and in his

presence, and in the presence of each other.

(Signed) J.W. Burrell

G.W. Johnston.

I do hereby certify that the above named Charles D. Johnston

(over) -
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 211)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 211)

Description

[page 211]

[corresponds to labeled page 179 of Will Records Vol. 4 - 1859-1869]


179

Record of the Will of Samuel Poppleton Decd. October 10th 1864.


and John D. Burrell were by me first duly sworn, and that

the above definition by them subscribed was reduced to writing

by me, and respectively subscribed by them in my presence;

and were taken on the 5th day of October 1864, pursuant

to the Commission hereto annexed. In testimony whereof

I have hereunto set my hand this 5th day of October 1864.

(Signed) L.B. Smith Commissioner.

Fees 50 cents paid by B. F. Poppleton.

_________________ _ _ ___________________

Record of the Will of James Rose decd.

Proceedings had before Thomas W. Powell Judge

of the Probate Court in and for the County of Delaware

and State of Ohio in his office at the town of Delaware

on the second day of November A.D. 1864.

On the 3rd day of September 1864, Eldridge Rose presented

the last will and testament of his father James Rose late of

Berkshire Township in this County decd. for Probate and

record. And it appearing that John Janes and John Klapp

the two subscribing witnesses to the said will are decd.

Thereupon the court took the deposition of Mrs. Elizabeth

Rose the widow, who now declares, whom full consideration

and understanding of the matter, that she relinquished all

right and interest under the will, and chooses not to take

under the will, whose testimony is reduced to writing and

on file and thereupon the court continued the matter for

further testimony and consideration.

And afterwards, to wit, on this 2nd day of November A.D. 1864

the Court having heard the testimony of Henry Rust and John

R. Klapp, and having reduced the same to writing which

is on file and annexed to the said will; and it thereupon

appearing to the court that the said will was duly executed

and attested, and that the testator at the time of executing the

same was of full age, and of sound mind and memory

and not under any restraint; thereupon the court whose

full consideration thereof orders that the said will be

admitted to probate as duly proved as the last will and

testament of the said James Rose decd. and ordered to be

recorded as such.

Record of the Will.

"Berkshire Township, Delaware County, Ohio. 14th November 1850.

In the name of the Benevolent Father of all men.

I James Rose of Berkshire Tp. Delaware County and State of

Ohio, do make and publish this my last will and testament.

First. I give and bequeath to my beloved wife Elizabeth

Rose in lieu of dower the farm on which we now live,

(over)


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 212)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 212)

Description

[page 212]

[corresponds to labeled page 180 of Will Records Vol. 4 - 1859-1869]


180

Record of the Will of James Rose, October 10th 1864.


situate in Berkshire Township, Delaware County and

state of Ohio, containing about seventy acres of land

during her natural life, if she remains my

widow; at the death of my said wife or her intermarry,

then the said farm of land, I give and devise to my

only son James Eldridge Rose and his heirs. If

however my son should die before the decease of my

wife or her intermarriage leaving no children leav

=ing no children living, then I give and bequeath said

farm to my two daughters unmarried and living

at home, viz; Adaline Rose and Lucy Rose two

thirds of said farm of land, and the remaining third

to be equally divided between Roxy Eldrige and Jane

Janes.

Secondly. It is my will that my just debts and funeral

charges be paid out of my personal property.

Thirdly. It is my will that my personal property be sold

and after paying my debts and funeral charges the rem-

=ainder be equally divided between my two daughters

Adaline Rose and Lucy Rose.

Fourthly. I do hereby nominate and appoint Nathan

Dustin executor of this my last will and testament.

his

(signed) James x Rose [seal]

Signed and acknowledged by said mark

James Rose as his last will and testament

in our presence, and signed by us in his

presence.

(signed) John Janes. John Klapp. (end of the will.)

Record of the testimony.

The State of Ohio, Delaware County, Ss.

Elizabeth Rose widow of James Rose late of Berkshire

Township decd. being fully sworn in open Court this 3rd day

of September A.D. 1864, depose and say that she was present at

the execution of the last will and testament of James Rose

her husband decd. hereto annexed; that she saw the said testa-

=tor subscribe said will, and heard him publish and declare

the same to be his last will and testament, and the the said

testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint

and that John Janes and John Klapp signed the same as

witnesses at this request and in his presence and in the presence

of each other. That said witnesses are now decd, and she this

deponant renounces all right and interest under the will

and elects not to take under the will.

(Signed) Elizabeth Rose.

Sworn to and subscribed before me this 3rd day of September,

A.D. 1864. T.W. Powell Probate Judge.

(over) --
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 213)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 213)

Description

[page 213]

[corresponds to labeled page 181 of Will Records Vol. 4 - 1859-1869]


181

Record of the Will of James Rose decd. October 10, 1864.

The State of Ohio )

Delaware County Ss. ) Henry Rust being sworn testifies

and says that he has examined the will of James Rose

hereto annexed and finds it is witnessed by John Janes

and John Klapp. He says he was well acquainted with

all these persons; at the time of the date of the will

he lived in the neighborhood in Berkshire Township

where the will was executed at the time of its date, 14th

November 1850. That he well recollects the facts that the

said witnesses were called together at said James Rose's

house, for the purpose of executing the said will. At

the time said Rose was in sound mind and memory and

capable of making his will or disposing of his property.

He further says he was well acquainted with the

hand writing of said John Janes who was his grandfather,

having frequently seen him write and after examination of

the signature to the will as witnesses believe it is his hand

writing. (signed) Henry Rust.

Subscribed & sworn to in open court this 1st day of November 1864

before me. T.W. Powell Pro. Judge



The State of Ohio


Delaware County Ss. ) John R. Klapp being duly sworn upon

his oath depose and say that at the time of the execution of the

will of James Rose hereto annexed, to wit; November 14th 1864,

the said James Rose, and the witnesses thereto to wit John James

and John Klapp were all residing in the same neighborhood;

that in the opinion of this deponent said James Rose was of suf-

-ficient mind and memory to make his will, manage his property

and understood what he was doing. Said John Klapp at the

request of said Rose has written a previous will for him, and when

it was read to Rose he said it did not suit him -- that it was

not in accordance to his intentions; therefore at the request

of said Rose and John Klapp wrote another will for him in ac-

cordance to his wishes, which is the will now in court. Deponent

is well acquainted with the hand writing of John Klapp. The will

is in his hand writing and the signature as witnesses is his.

(signed) John R. Klapp.

Subscribed & sworn to in open court before me this 14 day of

November 1864. T.W. Powell Probate Judge

(end.)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 214)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 214)

Description

[page 214]

[corresponds to labeled page 182 of Will Records Vol. 4 - 1859-1869]


182

Last Will of Benjamin F. Wilcox Deceased

Proceedings had before T. W. Powell Judge of the Probate

Court in and for the county of Delaware and State of

Ohio, at his office in the town of Delaware on the 30th day

of November A. D. 1864.

Last Will of Benjamina F. Wilcox decd. of Licking County.

This day Gibson Atherton Esq. presented the authenticated

copy of the last will and testament of Benjamin F. Wilcox

late of Licking in the State of Ohio, decd. and order of

the probate thereof as admitted to record in the Court of

Probate in and for the said County of Licking as duly

proved and admitted to record and requested the same to be

admitted in this Court and County

and upon consideration thereof the same is admitted and

ordered to be recorded.

Friday September 9th 1964

In the matter of Benjamin F. Wilcox's Will.

The last will and testament of

Benjamin F. Wilcox late of this County deceased was this

day produced in Court and presented for probate and it

appearing to the satisfaction of the Court that E. O. Dunning,

Alfred Finney and Joseph Chaddock, the subscribing witnesses

are now in the service of the United States and stationed

at or near the City of Cumberland in the County of Alleghany

and state of Maryland. It is ordered that a commission

issue with the will annexed to take the depositions of the said

E. O. Dunning, Alfred Finney and Joseph Chaddock touching

the due execution of said will, to be directed to Joseph M.

Strong a Justice of the Peace in and for the county of

Alleghany and State of Maryland.

W. K. Shircliff Pro. Judge


Wednesday November 9th 1864.

In the matter of Benjamin F. Wilcox's will

The commission heretofore issued to Joseph

M. Strong to take the testimony of E. O. Dunning Alfred

Finney and Joseph Chaddock the subscribing witnesses to

the last will and testament of Benjamin F. Wilcox decd

was this day returned into court with said will and the

witnesses and the certificate of said commissioner attached

which testimony is reduced to writing and subscribed by

testimony of said witnesses that said will was duly

executed and attested, and that the said testator at the

time of executing the same was of full age, of sound

mind and memory and not under any restraint.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 215)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 215)

Description

[page 215]

[corresponds to labeled page 183 of Will Records Vol. 4 - 1859-1869]


183.


Last Will of Benjamin F. Wilcox Deceased


It is ordered that said will, testimony and commission

and certificate of said commission be recorded.

(Two Dollar revenue stamp)

W. H. Shircliff Pro. Judge

The will to wit:

U. S. General Hospital, Clayville Md. July 19th 1964

In the name of God. Amen

I, Benamin F. Wilcox a member of

the 135th Regiment Ohio National Guards and a native of

Licking County in the State of Ohio, being and knowing my-

self to be at the point of death, by reason of a wound received

in full possession of all my mental faculties do hereby make

and declare this my last will and testament.

1st I do hereby commend my soul to the mercy of my God.

2nd I do hereby give and bequeath all my land situate in

Delaware County in the State of Ohio, consisting of one hundred

and ten acres more or less; and all other property wherever

found, whether personal or real estate to my brother William

H. H. Wilcox a native of Licking County in the State of Ohio.

In witness whereof I do hereto set my hand and seal

on this day and in presence of three witnesses.

Benjamin F. Wilcox (seal)


E. O. Dunning

Alfred Finney witnesses

Joseph Chaddock

The Commission to wit,

The State of Ohio, Licking County, Ss.

To Joseph M. Strong Esq. of the City of Cumberland County

of Alleghany and State of Maryland.

Know you that in confidence

of your prudence and fidelity, I have appointed you and by

these presents do give you full power and authority to examine

and take the depositions of E. O. Dunning Alfred Finney

and Joseph Chaddock, the subscribing witnesses to the last

will and testament of Benjamin F. Wilcox late of Licking

County Ohio deceased, said last will being hereunto annexed

and for that purpose request and direct you that at a proper

time and at a certain place and day to be appointed by you

you cause the said E. O. Dunning, Alfred Finney and

Joseph Chaddock to be brought before you and then and there

examine them on their corporal oath or affirmations first

taken before you, touching the due execution of said will of

the said Benjamin F. Wilcox, and that you reduce such

examination to writing and return the same together with the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 216)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 216)

Description

[page 216]

[corresponds to labeled page 184 of Will Records Vol. 4 - 1859-1869]



184


Last Will of Benjamin F. Wilcox Deceased


commission and the said will of the said Benjamin F.

Wilcox, thereto attached, closed up under your seal, into said

court with all convenient speed.

(seal) Witness my signature and the seal of the

Probate Court at Newark this 12th day of

September A. D. 1864.

W. H. Shircliff Judge


The Testimony to wit:

The State of Maryland, County of Alleghany,

Deposition of witnesses taken in the matter of the last will and

testament of Benjamin F. Wilcox decd. pending in the Probate

Court of Licking County and State of Ohio.

Edward O. Dunning of the County of Allegany and State

of Maryland of lawful age, being by me first duly sworn as

hereinafter certified deposes and says that on the 19th day of July

A. D. 1864 he was called on to witness the will of Benjamin

F. Wilcox, late of Licking County, Ohio, decd. whose name is

signed at the end of the paper writing hereto attached purpor-

ting to be the last will and testament of Benjamin F. Wilcox

and here to affiant shown and by him examined, and this

affiant says that he saw said testator sign said will at the

end thereof and heard him declare the same to be his last will

and testament that said testator at the time of executing

said last will and testament was of full age, of sound mind

and memory and not under any restraint and that affiant

attested and subscribed the said last will and testament as

a witness thereto in the presence of said testator and at his

request.
E. O. Dunning

Also came Joseph Chaddock of the County of Marshall and

State of West Virginia of lawful age, who being in the like manner

first duly sworn, deposes and says that on the 19th day of

July A. D. 1864 he was called to witness the will of Benjamin

F. Wilcox, late of Licking County, Ohio deceased, whose name is

signed to the end of the paper writing hereto attached purpor-

ting to be the last will and testmanet of Benjamin F. Wilcox

late of Licking County Ohio deceased and hereto affiant

shown and by him examined and this affiant says that he

saw said testator sign said will at the end thereof and

heard him declare the same to be his last will and testament

and that at the time of executing the same said testator was

of full age of sound mind and memory and not under any

restraint, and that the affiant attested and subscribed the

same as a witness in the presence of said testator and at

his request. Joseph Chaddock
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 217)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 217)

Description

[page 217]

[corresponds to labeled page 185 of Will Records Vol. 4 - 1859-1869]



185


Last Will of Benjamin F. Wilcox Deceased


I Joseph M. Strong a commissioner duly appointed by the

Probate Court of Licking County, Ohio, do hereby certify that

the above named Edward O. Dunning and Joseph Chaddock

were by me first duly sworn to testify the truth, the whole truth

and nothing but the truth, that the foregoing depositions

by them respectively subscribed were reduced to writing by

me, and by said witnesses subscribed in my presence and

was taken at my office in the City of Cumberland County

of Allegany and State of Maryland on the 19th day of

October A. D. 1864 between the hours of three and four

o'clock P.M. of the said day by virtue of the Commission

out of the Probate Court of Licking County, Ohio, hereto

attached. In testimony whereof I have hereunto set my

hand and seal this 19th day of October

A. D. 1864.

(seal) J. M. Strong Commmissioner

The State of Ohio, Licking County, Ss.

I William H. Shircliff Judge of the Court of Probate

within and for said county do hereby certify that the foregoing

is a true copy of the last will and testament of Benjamin

F. Wilcox, late of said county decd. and the order of the

court admitting the same to probate together with the

testimony of the witnesses of the commission and the certificate

of said commissioner truly taken and copied from the

records of said court as the same appears of record

there. In testimony whereof I have hereunto subscribed

my name and affixed the seal of said court

(seal) at Newark in said county this 16th day of

November A. D. 1864

W. H. Shircliff Judge

The State of Ohio, Delaware County, Ss.

I, Thomas W. Powell Judge of the Court of Probate

in and for said county do hereby certify that the above and

foregoing will of Benjamin F. Wilcox and testimony in relation

thereto was admitted to record on this 30th day of November

A. D. 1864

(seal) In testimony whereof witness my hand and

seal of office on this 30th day of November 1864

T. W. Powell
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 218)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 218)

Description

[page 218]

[corresponds to labeled page 186 of Will Records Vol. 4 - 1859-1869]



186


Record of the will of John Mathias decd, December 14th, 1864


Proceedings held before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State

of Ohio, at his office in the town of Delaware on the 14th

day of December A.D. 1864.

This day the last will and testament of John Mathias

late of Delaware in this county decd. was presented to the

court for probate and record. Thereupon James Easton

Abraham Blymer and Willowby Miller witnessed to the

said will came into court, and were duly sworn and

examined, and their testimony reduced to writing, and now

annexed to the will and filed therewith and it appearing

to the court that the said will was duly executed and attested

and that the testator at the time of executing the same, was

of full age, and of sound mind and memory and not under

and restraint: Therefore the court upon consideration

orders that the said will be admitted to probate as duly

proved as the last will and testament of the said John

Mathias decd. and to be recorded as such.

Record of the will.


I, John Mathias of Delaware County, State of Ohio, being

of sound and disposing mind, memory & understanding do

make and declare this to be my last and testament, hereby

revoking all former last wills and testaments or writing in the

nature of last will and testament by me heretofore made.

1st My will is that my funeral expenses and all just debts

be paid by my executrix hereinafter named.

2nd I give and bequeath to my beloved wife Ann H. Math-

ias all the balance of my estate that may not be required

to pay my funeral expenses, just debts & the administration

of this my last will and testament, both real, personal and

mixed to her own use and benefit, and to raise and support

our children, so long she the said Ann K. shall be as

remain my widow; and,

3rd I give and bequeath all my estates at the marriage of

my said beloved wife or at her death provided she should

die my widow, to my sons Lewis Mathias, Charles Mathias,

George Mathias, William Mathias, and my daughters Margaret

Mathias, Maria Mathias, & Rebecca Mathias to be equally

divided between them, giving to each one equal or

seventh part of all my said estate real, personal or

mixed to their own use and benefit forever.

I do hereby nominate and appoint my beloved wife

Ann K. Mathias the sole executrix of this my last

will and testament.

In witness whereof I have hereunto set my name and

affixed my seal this twenty first day of November in the year

of our Lord eighteen hundred sixty four.

his

(signed) John X Mathias (seal)

mark

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 219)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 219)

Description

[page 219]

[corresponds to labeled page 187 of Will Records Vol. 4 - 1859-1869]


187


Record of the will of John Mathias decd. December 14th, 1864


(John Mathias will continued.)

Signed, sealed and declared by said John Mathias

to be his last will and testament, who at his

request and in his presence have hereunto

subscribed our names as witnesses and in

the presence of each other.

James Eaton.

(signed) Ab. Blymyer.

W. Miller (end of the will).

Record of the testimony, to wit

The State of Ohio, Delaware County ss.

We James Baton, Abraham Blymyer and Willowby

Miller, being duly sworn in open court this 14th day

of December A.D. 1864, depose and say, that we were

present at the execution of the last will and testament of

John Mathias hereto annexed; that we saw the said testator

subscribe said will, and heard him publish and declare

the same to be his last will and testament, and that the said

testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request and

in his presence and in the presence of each other.

James Eaton.

(signed) Ab. Blymyer

Willowby Miller.

Sworn to and subscribed before me this 14th day of

December A.D. 1864.

T. W. Powell Probate Judge


Record of the will of Thomas Hadley

Proceedings held before Thomas W. Powell

Judge of the Probate Court in and for the County of Delaware

and State of Ohio, at his office in the town of Delaware

on the 9th day of March A.D. 1865

On the 6th day of March A.D. 1865 Lewis Headley produced

in court the last will and testament of Thomas Headley late

of Radnor decd. for the probate and record; and then came

into court John M. Pugh and Daniel Matheney two of the

witnesses to the said will, and were duly sworn and examined

and their testimoney reduced to writing, and now annexed

to the will and filed therewith; and now on this day and

upon further consideration and showing, and it appearing

to the court that the said will was duly executed and attested

and that the testator at the time of executing the same was

of full age, and of sound mind and memory, and not

under any restraint, therefore the court whom consider=

ation thereof, orders that the said will and testament be

admitted to probate as duly proved and the last will

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 220)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 220)

Description

[page 220]

[corresponds to labeled page 188 of Will Records Vol. 4 - 1859-1869]


188


Last will of Thomas Hadley decd. March 9th 1865.


and testament of the said Thomas Hadley decd. and ordered

to be recorded as such, to wit: _____

Copy of the will as recorded.

"In the name of the Benevolent Father of All; I Thomas

Hadley of Radnor Township, Delaware County, Ohio, do make

and publish this my last will and testament.

Item 1st. I give and devise to my beloved wife in lieu of

dower, all my property both real and personal during

her natural life, she however selling or disposing

so much of my personal property as will be sufficient

to pay of all my indebtedness.

Item 2nd. I give and bequeath to my sister, June Evans

the sum of fifteen hundred dollars to be paid her at

the death of my wife.

Item 3rd. I give and bequeath to my brother Richard

Hadley (now a resident of Wales) the sum of fifteen hundred

dollars to be paid him at the death of my wife.

Item 4th. I give and bequeath to my niece Elizabeth

Hadley (daughter of my brother Richard) the sum of

five hundred dollars to be paid same as above.

Item 5th. I give and bequeath to my brother Lewis

Hadley of Radnor Tp. Delaware Co. O.) the sum of

fifteen hundred dollars to be paid same as above.

Item 6th. I give and bequeath to my niece Hannah

Hadley (my brother Lewis Hadley's daughter) my home

place situated in Radnor Township, Delaware Co.

Ohio, and containing about sixteen acres of land.

Item 7th. I give and bequeath to my nephew Thomas

Hadley (son of brother Lewis) one hundred and thirteen

acres of land in Radnor Township, Delaware Co. Ohio,

to be taken from off the south side of a tract of

three hundred and forty eight acres of land, being the same

tract which I purchased of Smyth and Sprague of Newark, Ohio

of Daniel Thomas) one hundred and thirteen acres of

Land situated in Radnor Township Delaware County, Ohio,

and adjoining Thomas Hadley's tract on the north and being

a part of the same tract purchases of Smyth and Sprague

before mentioned.

Item 9th. I give and bequeath to Adelaide Briggs (who now

lives with me) the balance of the tract I purchased of

Smyth and Sprague, supposed to contain about one hundred

and twelve and one half acres of land, situated in Radnor

Tp. Delaware Co. Ohio.

I desire that no appraisement and no sale of my

personal property be made (except as mentioned in Item 1st)

and that the court of Probate Direct the Omipions of the

same in pursuance of the statutes.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 221)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 221)

Description

[page 221]

[corresponds to labeled page 189 of Will Records Vol. 4 - 1859-1869]

189

The Will of Thomas Hadley continued. March 9th 1865.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand

and seal, this 11th day of December in the year 1857.

Signed and acknowledged by said (signed) Thomas Hadley (seal)

Thomas Hadley as his last will

and testament, in our presence;

and signed by us in his presence

(signed) Daniel Matheny

John M. Pugh. (said of the will)

The following is a copy of the deposition to wit: _____

The State of Ohio, Delaware County ss.

We John M. Pugh and Daniel Matheny being duly sworn

in open court this 6th day of January A.D. 1865, depose

and say, that we were present at the execution of the last

will and testament of Thomas Hadley hereto annexed; that

we saw the said testator subscribe his will, and heard him pub=

lish and declare the same to be his last will and testament,

and that the said testator at the time of executing the same

was of full age, and of sound mind and memory, and not

under any restraint, and that we signed the same as witnesses

at his request and in his presence, and in the presence of each other.

(signed) John M. Pugh

Daniel Matheny.

Sworn to and subscribed before me this 6th day of January A.D. 1865.

T. W. Powell Probate Judge


Record of the last will and testament of Harry James Decd.

Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the county of Delaware and

the State of Ohio at his office in the town of Delaware, on

the 20th day of March A. D. 1865.

On the 20th day of March A.D. 1865 the last will and

testament of Harry James late of Berlin Township in this

county decd. was presented in court by Daniel B. James for

probate and record; thereupon James Eaton, Philo A.

Borrows and James Ferson Jun. witnesses to the said will

came into court and were duly sworn and examined,

and their testimony reduced to writing and now annexed

to the will and filed therewith: and it appearing to the court

that the said will was duly executed and attested, and that the

testator at the time of executing the same was of full

age, and of sound mind and memory and not under:

thereupon the court upon consideration thereof, orders

that the said will be admitted to probate and duly proved

as the last will and testament of the said Harry James decd.

and ordered to be recorded as such.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 222)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 222)

Description

[page 222]

[corresponds to labeled page 190 of Will Records Vol. 4 - 1859-1869]


190


Record of the Will of Harry James decd. March 20, 1865


Thereupon letters testamentary were granted and issued to

Daniel B. James, the executor named in the will, without

bond or order of appraisement in pursurance of the request

of the will, and court deeming the same to be

right and proper.

The following is a copy and record of the will.

"I Harry James of Berlin Township, Delaware County, state

of Ohio; being of sound & disposing mind, memory and understanding

do make and declare this to be my last will and testament,

hereby making null and void all former last wills and testa-

ments or writings in the nature of last will and testament by

me heretofore made.

1st My will is first, that my funeral expenses and all just debts

I owe or may owe at the time of my decease be paid by my

executor hereinafter named.

2nd I give and bequeath to my son Daniel B. James the farm

on which I live containing two hundereed and seven acres of

land, being the north east part of lot numbered one in Section

four, Township four, Range eighteen of the United States

Military Survey. To have and to hold to him his heirs or assigns

also the farming utensils on said farm including the mow

=er and reaper & sowing machine to his own use and

disposel.

3rd I give and bequeath to my daughter Mary E. Steward wife

of Wesley C. Steward the farm of one hundred aces of land

in the S.E. corner of lot numbered two in the above named

section four known as the Hall or Benton farm; also

that tract of (15 3/4) fifteen and three fourths acres in the

SE part of the west part of said lot numbered two, subdivision

however, the following described tract in the north west corner

in the center of the county road running north and south, where

said road crosses the north line in the east and west county road to the south

west corner of said one hundred acres, thence south along

the west line thereof twenty rods; thence east parallel with

north to south county road, thence north along said center of

road twenty rods to the place of beginning, containing some

six aces of land more or less I give and bequeath to Wesley C.

Steward and his wife, my daughter, aforesaid, as tenants in common

to the contary notwithstanding; the buildings on said tract

having been erected and built by said Wesley C. Steward.

4th I give and bequeath to my beloved wife Elizabeth A. James

the following items of personal property in addition to her

legal interest or claims in all my real estate herein.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 223)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 223)

Description

[page 223]

[corresponds to labeled page 191 of Will Records Vol. 4 - 1859-1869]


191


Record of the will of Harry James decd. March 20th, 1865


before mentioned or that I may be seized of at the time

of my decease, viz. one house, one cow and ten sheep

and one horse buggy and harness and the sleigh and one half

of all my moneys & credits, to her for her own use and disposal.

5th The residue of my estate, not required to pay my funeral

expenses, the payment of my just debts, the administration of this

my last will and testament, and the settlement of my estate as

hereinafter described, and the items herein before disposed

of & bequeathed, I give and bequeath said residue or re-

=mainder to my son Daniel B. James and my daughter

Mary E. Steward to be equally divided between them.

6th I hereby nominate and appoint my said son Daniel

B. James my sole executor of this my last will and testament

hereby fully authorizing my said executor to administer

on, and settle my estate without inventory or appraisement.

Schedule or report to the court, hereby placing full confidence

in the integrity & ability of my said executors to administer

on, and settle my said estate justly equitably and correctly.

In witness whereof I the said Harry James have hereunto

subscribed my name and affixed my seal this 31st day

of January in the year of our Lord Eighteen hundred and

sixty five. (signed) Harry James (seal)

signed, sealed and declared by said Harry James

to be his last will and testament in our presents.

who at his request and in his presence have

hereunto subscrbed our names as witnesses

in the presence of each other.

(signed) James Eaton

Philo F. Barrows

James Ferson Jun. (end of the will.

Copy of the testimony and deposition.

The State of Ohio, Delaware County ss

We James Eaton, Philo F. Barrows and James Ferson Jun. being

duly sworn in open court this 20th day of March A.D. 1865, depose

and say that we were present at the execution of the last will and

testament of Harry James hereto annexed; that we saw the

said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was

of full age, and of sound mind and memory, and not under any

restraint, and that we signed the same and witnessed at his

request and in his presence, and in the presence of each other.

(signed) James Eaton

Philo F. Barrows

James Ferson Jun.

Sworn to and subscribed before me this 20th day of March A.D. 1865

T. W. Powell, Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 224)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 224)

Description

[page 224]

[corresponds to labeled page 192 of Will Records Vol. 4 - 1859-1869]



192


Record of the will of Isaac Harden decd. March 25, 1865


Proceedings had before Thomas W. Powell, Judge of

the Probate Court in and for the county of Delaware and

the State of Ohio at his office in the town of Delaware

on the 25th day of March A.D. 1865.

This day the last will and testament of Isaac

Harden late of Liberty Township in the said county

was presented by Erastus Harden for probate and record in

this court. Thereupon John D. Van Dewan and Lydia S.

Van Dewan the witnesses to the said will came into court

and were duly sworn and examined, and their testimony

reduced to writing, and now annexed to the will and

filed therewith; and it appearing to the court that the said

will was duly executed and attested, and that the testator

at the time of executing the same was of full age

and of sound mind and memory, and not under

any restraints: Thereupon the court upon consideration

thereof orders that the said will be admitted to probate as

duly proved as the last will and testament of the named

Isaac Harden decd. and ordered to be recorded as such.

Thereupon letters testamentary were granted to Erastus

Harden the executor named in the will, who gave bonds

in the amount of $2000 with William G. Patton and Charles H.

Boardman his surities. The court appoints P. E. Buell,

Abram Stiner and James Cronkleton appraisers of the

said estate. Letters issued etc

Copy and record of the will.

In the name of God. Amen.

I Isaac Harden Sen. of Liberty Township, Delaware County

Ohio being of sound and disposing mind and memory; but weak

and infirm in body, do make and publish this to be my last will

and testament.

Item I. I will and direct that my just debts and funeral expenses

be first paid out of my estate.

Item II. I give, devise and bequeath unto my daughter Anna Wil-

mouth, wife of Phillip Wilmouth and unto her heirs and assigns forever,

the following tract or parcel of land, to wit; situate in the county of Delaware

and State of Ohio and bounded and described as follows: being in section

no. four in Township No. Four, and Range 19, U.S.M. land; beginning

at the northeast corner of the old home farm, on which I now reside,

thence west on the south line of the same far enough, so that a line drawn

parallel with the said east line will include fourteen acres of land;

being off of the east end of said "old homestead."

Item III. I give, devise and bequeath unto my son Isaac Harden Jr.

and unto his heirs and assigns forever, the following tract or parcel of

land, to wit, being thirteen and one half acres off of the west end of

the farm on which I now reside purchased by me of James McSwain

described as follows; commencing at the north west corner thereof; thence

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 225)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 225)

Description

[page 225]

[corresponds to labeled page 193 of Will Records Vol. 4 - 1859-1869]


193


running south 38 purchase to south west corner corner thereof; thence running

east on the south line far enough so that a line drawn parallel

with the west line of said lot, will include thirteen and one half acres,

being in Section No. 4. Tp No. 4, and Range 19 U.S.M.

Item. IV. I give, devise and bequeath unto my children Gynther Welch,

Reuben Harden, Erastus Harden, Henrietta Devine, and to the

children of William Harden decd. and to their heirs and assigns

forever all the residue of my real estate in said lot, being

about twenty acres of land, lying between the lands bequeathed

by this will to Anna Wilmouth and Isaac Harden Jr. and it is

my will that they shall inherit the same, share and share alike, the

said children of William Harden decd. to inherit the portion which the

said William would have inherited had he lived.

Item V. I do hereby nominate and appoint my son Erastus

Harden Executor of this my last will and testament; hereby

revoking all former wills by me made.

In witness whereof I have hereunto set my hand and seal

this 2nd day of September A.D. 1864.

The foregoing writing was declared (signed) Isaac Harden Sr. (seal)

by the said Isaac Harden Sen. to be

his last will and testament in our presence & hearing

and was by him signed and unto in our presence

and we at his request signed the same as

witnesses thereto, in his presence and in the

presence of each other. (signed) John D. Van Deman

Lydia S. Van Deman (end of the will)

Copy and record of the depositions.

The state of Ohio, Delaware County, Ss.

We John D. Van Deman and Lydia S. Van Deman being duly sworn in open court

this 25th day of March A.D. 1865, depose and say, that we were present at the execution

of the last will and testament of Isaac Harden Sen. hereto annexed, that we saw the

said testator subscribe said will, and heard him publish and declare the same

to be his last will and testament, and that the said testator at the time of exe-

cuting the same was of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at his request

and in his presence, and in the presence of each other.

(signed) John D. Van Deman

Lydia S. Van Deman

Sworn to and subscribed before me this 25th day of March A.D. 1865

T. W. Powell Probate Judge.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 226)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 226)

Description

[page 226]

[corresponds to labeled page 194 of Will Records Vol. 4 - 1859-1869]


194


Record of the will of Amples Barton decd. April 29th 1865


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio, at his

office in the Town of Delaware on the 29th day of

April A.D. 1865.

This day Alfred Barton presents the last will and

testament of Amples Barton late of Trenton Township

in this county decd. for probate and record. Thereupon

Adam Franks and Lewis T. Perinow witnesses to the said

will came into court and were duly sworn and examined

and their testimoney reduced to writing and now annexed to

the will and filed therewith, and it appearing to the court

that the said will was duly executed and attested, and that

the testator at the time of executing the same was

of full age, and of sound mind and memory, and not

under any restraint; Thereupon the court, upon

consideration thereof, orders that the said will be

admitted to probate as duly proven as the last will

and testament of the said Amples Barton decd. and

ordered to be recorded as such.

Copy and record of the will.

In the name of the Benevolant Father of all.

I, Amples Barton, of the county of Delaware and State

of Ohio, do make and publish this my last will and

testament.

Item 1st. I give and devise to my beloved wife Ev-

eline in lieu of her dower the farm on which we now

reside on, situate in Delaware County, Ohio, it being

north of the county road; said lot contains ninety acres

of land, during her natural life, if she remains my

widow that length of time, and all the stock, household goods,

furniture, provisions, and other goods and chattels which

may be thereon at the time of my decease during her

natural life, if she still remains my widow as

aforesaid, she however selling so much thereof as may

be sufficient to pay my just debts; at the death of my

said wife or her marriage the real estate that we now

reside on, I give and devise to my son William Barton

and his heirs.

Item 2nd. I devise and bequeath to my son Alford Barton

and his heirs the farm that my son Alford now resides on,

in Delaware County Ohio, said farm contains one

hundred and fifty acres of land; and said Alford is to pay

my daughter Elizabeth five hundred dollars in two

years after my death.

Item 3rd. I devise and bequeath to my son William

Barton and to his heirs that lot of land that I own south of the

county seat, said lot containing eighty four acres of land

by my son William Baying to my daughter Elizabeth Barton

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 227)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 227)

Description

[page 227]

[corresponds to labeled page 195 of Will Records Vol. 4 - 1859-1869]


195


Record of the will of Amples Barton decd. April 29th 1865

five hundred dollars in two years after my death.

Item 4th. It is my request that my wife shall pay to my

daughter Amanda Clark one hundred dollars at my

death it being in addition to her share which I have

paid her heretofore.

Item 5th. I devise to my son William one horse

and one bed and bedding at my death; also one

bureau at the death of my wife; and my son William

is to pay to my daughter Amanda Clark two hundred

dollars at the death or marriage of my wife it being

in addition of what I have given to my daughter

Amanda heretofore.

Item 6th. I give and devise to my daughter Elizabeth one

bed and bedding one bureau, six chairs and one colt,

at my death; and it is my request that my daughter

Elizabeth to have the privilege of my house, the west room

upstairs and the privilege going up and down, and the

privilege of fire place and cook stove if she remains

single.

Item 7th. It is my request that my wife at my death to divide

equally between herself and all her children namely Alford,

William, Amanda and Elizabeth the money and notes

that will be in her hands at my death by paying Amanda

Clark one hundred dollars more as above stated.

Item 8th. I do hereby nominate and appoint my son

Alford Barton Executor of this my last will and

testament, authorizing and empowering him to compromise

adjust, release and discharge in such manner as he

may deem proper. I do hereby revoke all former wills

by me made. In testimony whereof I have hereunto set

my hand and seal this the sixth day of September in the

year of our Lord one thousand eight hundred and

sixty four. (signed) Amples Barton (seal)

Signed and acknowledged by said Amples Barton as his last

will and testament in our presence and signed by us in

his presence (as signed) Adam Franks. L. T. Pierson end of the will

The State of Ohio, Delaware County ss. We Adam Franks and Lewis T. Pierson, being

duly sworn in open court this 29th day of April A.D. 1865, depose and say that we

were present at the execution of the last will and testament of Amples Barton hereto an-

nexed, that we saw him subscribe said will and heard him publish and declare the

same to be his last will and testament, and that the said testator at the time of executing

the same was of sound mind and memory and not under any restraint,

and that we signed the same as witnesses at his request and in his presence

and in the presence of each other.

(Signed) Adam Franks

L. T. Pierson

Sworn to & subscribed before me this 29th day of April 1865.

T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 228)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 228)

Description

[page 228]

[corresponds to labeled page 196 of Will Records Vol. 4 - 1859-1869]


196


Record of the Will of Media Gamble Decd. April 29th 1865.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of Ohio,

at his office in the town of Delaware on the 29th day of

April A.D. 1865

On the 4th day of April A.D. 1865 Pro. William G.

Williams presents the last will and testament of Media

Gamble for probate and record. Thereupon took the testi-

mony of William G. Williams and Francis S. Hoyt two of the

subscribing witnesses to the said will, and reduced the same

to writing annexed thereto and issued a commission to the

Probate Judge of Hamilton County to take the testimony

of John Davis the other witness to the will. And the

matter is continued for further consideration and return

of the Commission.

And afterwards on this day, (to wit April 19th, A.D. 1865.) the

Commission heretofore issued to the Probate Judge of Hamil-

ton County, Ohio, to take the testimony and deposition of John

David one of the witnesses to the said will, being now

returned with the deposition of the said John David, and

the testimony of all the witnesses to the said will being all

now reduced to writing and annexed to the will: and it now

appearing to the court, that the said will was duly executed and

attested, and that the testator at the time of executing the same

was of full age, and of sound mind and memory and not under

any restraint; thereupon the court upon consideration

thereof orders that the said will be admitted to probate as

duly proved as the last will and testament of the said

Media Gamble decd. and ordered to be recorded as such.

Copy and Record of the will.

I, Media Gamble of the town of Delaware in the State of Ohio,

being in feeble health but in sound mind do make and publish

this as my last will and testament.

I commend my soul to God in Jesus Christ, through whence

I trust for eternal salvation. I direct that my body be buried

in the cemetery, at Delaware, where I have spent the last twelve

years of my life and where I now reside.

Of the property of which I lie possessed, I make the following disposition.

First. I direct that the expenses of my funeral be paid from the semi=

=annual installation of interest now about due on the sum of one thousand

pounds in which I have a life estate bequeathed to me by my aunt,

the Late Mrs. Captain Ball of St. Helen's England.

Second. I direct that my executors shall purchase, within a year after

my death at his discretion, for my neice Mrs. Mary Sexton one

dozen silver table spoons, one dozen silver dessert spoons, and

one dozen silver teaspoons, also one dozen large knives

and forks and one dozen small knives and forks. And I appro-

priate for this purpose as much as may be necessary out of

the sum of three hundred dollars lately borrowed from me
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 229)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 229)

Description

[page 229]

[corresponds to labeled page 197 of Will Records Vol. 4 - 1859-1869]


197

Record of the will of Media Gamble decd. April 29th 1865.


by Prof F. S. Hoyt, and due in three months from the date

of loan.

Third. Of any surplus from the last named sum together

with the amount due me on settlement with Thomas Gamble

of Ireland and now in the hands of my lawyer, Baptist

Hernaghan, of Dublin Ireland, but of which the account

has not been rendered, I direct that upon its judgement to

my estate, one half shall be paid to the trustees of the Centenary

Fund of the Methodist Episcopal Church, for the benefit of the

Irish Correctional Funds, and the other half to the Freedman's

Aid Commission of the United States for the benefit of that charity.

Forth. I direct that the sum of one thousand dollars loaned

to and in the hands of James Gamble of Cincinnati to be

collected and paid by my executor to the American Bible Society

founded in New York in the year 1816, to be applied to the charitable

directors in said Society, John David M.D. of Cincinnati, Professor

William G. Williams of Delaware, and Professor Francis S. Hoyt

of Delaware.

Fifth. I direct that the sum of one thousand dollars loaned to

and in the hands of Mrs. Eliza Riger of Delaware be collected and

paid by my executors to the Missionary Society of the Methodist Episcopal

Church incorporated in New York in the year 1839, to be applied

to the charitable uses and purposes of said Society; provided that this

amount be not collected before Mrs. Riger's death; unless she pre-

fers to pay it earlier; on condition, however, that should she desire

to retain it, she paying interest at the rate of five percent per

annum, which shall be annually collected and paid by my

executor to the Missionary Society, until the principal sum be

collected and paid.

Sixth. All items of personal property not otherwise appropriated

I direct to be given to my sister Mrs. Eliza Riger, and to my niece

Mrs. Mary Sexton.

I hereby appoint William G. Williams executor of this my

last will and testament.

In witness whereof I have hereunto set my hand and seal

this 25th day of March in the year of our Lord 1865.

(Signed) Media Gamble (seal)

Signed and sealed in our presence

on the date above written.

(Signed) W. G. Williams

F. S. Hoyt.

John David. (end of the will.

Copy and record of the testimoney and depositions: -

The State of Ohio, Delaware County ss.

We William G. Williams and Francis S. Hoyt being duly sworn

in open court this 4th day of April A.D. 1865 depose and say, that

we were present at the execution of the last will and testament

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 230)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 230)

Description

[page 230]

[corresponds to labeled page 198 of Will Records Vol. 4 - 1859-1869]



198

Record of the will of Media Gamble, April 29th, 1865.

of Media Gamble hereto annexed; that we saw the testator

subscribe said will, and heard her publish and declare the

same to be her last will and testament, and that the said testator

at the time of executing the same was of full age, and

of sound mind and memory and not under any restraint,

and that we signed the same as witnesses at her request, and

in her presence, and in the presence of each other.

(signed) W. G. Williams

Francis S. Hoyt.

Sworn to and subscribed before me this 4th day of April A.D. 1865.

T. W. Powell Probate Judge

Copy of the Commission issued and deposition taken therein

The State of Ohio.

Delaware County SS.

To the Probate Judge of Hamilton County in said state.

Greeting.

You are hereby authorized and empowered to take the

deposition of John David M.D. of Cincinnati, who is

one of the witnesses to the will and testament of Media Gamble

hereto annexed, as to the execution and attestations of the

said will, whom you will examine under oath, and reduce

his testimony to writing, which with the said will, you will seal

up and return to this court. And for so doing this shall be

your full power and commission.

seal of the Witness my hand and the seal of the said Probate Court
L.S.
Probate Court of Delaware County, this 5th day of April 1865.

{U.S. Stamp 5 cents} T. W. Powell Probate Judge

The following is the return to the Commission.

In the matter of the last will and testament of Media Gamble,

I Edward Woodruff, Probate Judge of Hamilton County, Ohio,

duly appoint and Commissioned by the Judge of the Probate Court of

the county of Delaware in the State of Ohio, to take the testimony

of John David M.D. one of the subscribing witnesses of the last

will and testament of Media Gamble deceased late a resident

of the said County of Delaware in the State of Ohio, which Com=

=mission and the said will are hereto annexed, do hereby certify that

in pursuance of said Commission I caused Said John David M.D.

one of the said subscribing witnesses as aforesaid to come person-

=ally before me at the court house in said county of Hamilton, Ohio

being by me first duly sworn according to law, to speak the truth, the

whole truth and nothing but the truth, concerning and in relation to

the execution of said will, deposes and says that he is one of the

subscribing witnesses to said will, with the other witnesses, W. G. Williams

and F. S. Hoyt; that he and they were present at making of said will,

hereto attached, marked "A.," and at the request of the deceased, subscribed

their names to said will as witnesses in the presence of the deceased

and of each other; that they saw the said Media Gamble deceased

sign and seal said will, and heard him acknowledge the same

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 231)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 231)

Description

[page 231]

[corresponds to labeled page 199 of Will Records Vol. 4 - 1859-1869]


199

Records of the will of Media Gamble April 29th, 1865.


to be his[her] last will and testament, that the said Media Gamble

deceased, was at the time of making, signing and sealing said

last will and testament of legal age, and of sound mind and

memory, and under no undue or unlawful restraint

whatever. (signed) John Davis.

I Edward Woodruff Probate Judge of Hamilton County

Ohio, do further certify that said testimony was reduced to writing

by myself in the presence of said witness John Davis M.D.

and subscribed by said witness in my presence on this 22nd day

of April 1865.

seal of Probate In testimony whereof I have hereunto set my hand

Court of Hamilton and seal of court this 22nd day of April 1865.

Co. Ohio. (signed) Edward Woodruff Probate Judge

L.S. Ham. Co. Ohio

Fees paid $5.00.

(End of this record)

______________________ = ________________________


Record of the will of Michael Gross decd.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware on the 15th day of May

A.D. 1865.

This day the last will and testament of Michael Gross late

of this county decd. was presented to the court for probate and

record. Thereupon James Eaton, Amelzer H. McElroy and George

C. Eaton witnesses to the said will came in to court and were duly

sworn and examined and their testimony reduced to writing, and

now annexed to the will and filed therewith; and it appearing to

the court that the said will was duly executed and attested, and that

the testator at the time of executing the same, was of full age

and of sound mind and memory and not under any restraint:

thereupon the court upon consideration thereof, orders that the

said will be admitted to probate

as duly proved as the last will and testament of said Michael

Gross decd. and ordered to be recorded as such.

Thereupon letters testamentary was duly issued to Joseph G.

Cole the executor named in the will.

Copy and Records of the Will.

I Michael Gross of Delaware County, State of Ohio, being of

sound and disposing mind, memory and understanding, do make and

publish & declare this to be my last will and testament; hereby revoking

and making null & void all former last will and testaments by me heretofore made.

1st It is my will that all my just debts, funeral expenses be paid by

my executor hereinafter named; also all the funeral expenses of

my beloved wife after her death, & her last sickness be paid

out of my estate.

2nd I give and bequeath to my said beloved wife Elizabeth Gross

all my personal property, money & credits, to her for her

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 232)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 232)

Description

[page 232]

[corresponds to labeled page 200 of Will Records Vol. 4 - 1859-1869]


200

Record of the will of Michael Gross decd. May 15th, 1865


own use to benefit, to use and dispose of for her comfort and support,

forever as her own property.

3rd. I give and bequeath to my said beloved wife Eliabeth Gross

all the rents, occupancy, use & benefits arising or growing or

proceeding out of or in my real estate, consisting of a tract of

land of twelve acres & 67 1/5 perches of land situated in said

Delaware County, State of Ohio, and in Range nineteen (19.) Township

five (5.) Section one (1.) United State Military, and being a part of

Lot No. 2b, in said Section; also about six acres of land adjoining north

of the east part of the above described tract of land being the south

part of the east part of Lots Nos. 26 & 27 in said Section one, during

her natural life for her own use and benefit & support & to dis-

=pose of as she may think proper - out of which proceeds she is

to pay all the taxes from time to time on said real estate.

4th. After the death of my said beloved wife I give and bequeath

my said real estate to my beloved sons and daughters, viz, my son

Isiah Jacob Gross and my daughters Catharine Matilda Sherman

wife of Gustavus Sherman, Susanna wife of I. E. Boynton,

Amelia Gross, Harriet Pierce wife of Mr. Pierce and Sarah

Gross to be equally invested and owned by my said children before named

and I do nominate and appoint Joseph C. Cole of Delaware County

State of Ohio my sole executor of this my last will and testament.

In testimony whereof I the said Michael Gross have hereto

subscribed my name and affixed my seal, this fifth day of

November in the year of our Lord eighteen hundred and sixty four.

Signed, sealed & delivered by said Michael Gross signed Michael Gross {seal}

to be his last will and testament in presence

of us, who at his request and in his presence

have subscribed our names as witnesses

hereto in the presence of each other.

(signed) A. H. McElroy

James Eaton

George C. Eaton (end of the will.)

The State of Ohio, Delaware County. SS.

for the matter of the last will and testament of Michael Gross of Troy

Township, Delaware County, Ohio, deceased.

We James Easton, A. H. McElroy and George C. Eaton being duly sworn in

open court this 12th day of May A.D. 1865, depose and say that we were

present at the execution of the last will and testament of Michael Gross of Delaware County,

hereto annexed; that we saw the said testator subscribe said will and heard him publish

and declare the same to be his last will and testament, and that the said testator

at the time of executing the same was of full age, and of sound mind and memory

and not under any restraint, and that we signed the same and witnessed at his

request and in his presence and in the presence of each other.

(signed) James Eaton

A. H. McElroy

Geo. E. Eaton

Sworn to and subscribed before me in the Probate

Court this 15th day of May A.D. 1865.

T. W. Powell Probate Judge.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 233)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 233)

Description

[page 233]

[corresponds to labeled page 201 of Will Records Vol. 4 - 1859-1869]



201


Record of the Will of Alexander Thrall decd. June 12/65.


Proceedings had before Thomas W. Powell judge of the

Probate Court in and for Delaware County and the state

of Ohio, at his office in the town of Delaware on the

twelfth day of June A.D. 1865.

This day the last will and testament of Alexander Thrall

late of Berkshire in this county decd. was presented to

the court for probate and records. Thereupon Henry C. Frost

and William P. Frost witnesses to the said will came into Court

and were duly sworn and examined and their testimony reduced to

writing, and now annexed to the will and filed therewith;

and it appearing to the court that the said will was duly

executed and attested; and that the testator at the time of execu=

=ting the same was of full age, and of sound mind and

memory. and not under any restraint. Thereupon the court

upon consideration thereof, orders that the said will be

admitted to probate as duly proved as the last will and

testament of the said Alexander Thrall decd. and ordered

to be recorded as such.

Thereupon letters testamentary were granted and issued to

George E. Thrall the executor in the will, who accepted

the same and was duly qualified as such.

Copy and Record of the will.

I Alexander Thrall of Berkshire, Delaware, Ohio

through the blessings of Divine Provedence, am of sound

mind and memory, and in the enjoyment of my usual

health, for these and all other blessings I trust I am

truly grateful, do make and publish this my last will and

testament, revoking any and all other wills made by

me at any former time.

Item 1st. It is my will and request that all my just debts

be fully paid; also costs of administration, taxes assets

against my property before granting letters of admin=

=istration, subscriptions (if any) to religious and benevolent

purposes, with a plain but appropriate tombstone over

my grave.

Item 2nd. I give and bequeath unto my wife Sarah Thrall

all my furnature provisions on hand, fuel prepared

for use, one cow, the house and lot where she now lives

known as the Landon house, and six hundred dollars ($600)

in money, this to be in lieu of dower.

Item 3rd. I gave and bequeath unto my son Homer Hough

Thrall, fifteen hundred dollars ($1500) to be loaned at interest

on the most advantgeous terms, and to be secured by mortgage

on unencumbered real estate, to be worth at least double the

amount loaned exclusive of buildings or other perish=

=able property, but if loaned on personal security, then

not less than three good and responsible farmers to sign

the notes or bond for the same, each to be worth at least
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 234)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 234)

Description

[page 234]

[corresponds to labeled page 202 of Will Records Vol. 4 - 1859-1869]


202


Record of the will of Alexander Thrall June 12th 1865


double the amount in unencumbered real estate exclusive

of buildings, the interest in all cases to be paid annually and

if not paid within one month after due the principal to be col=

lected with the interest and invested as above, and after paying

the taxes, cost of taking care of the same, and a resonable

amount for Homer's support and education, if any of the

interest remains, the same to be reinvested as above;

and I do hereby appoint Orsamus D. Hough as guardian

of my said son Homer H. Thrall, and he is to control

his property.

Item 4th. I make the following bequests to George A. Thrall

and Edwin Thrall children of my son George B. Thrall to

each of them one hundred dollars; if one dies and leaves

no children, the other to receive his share.

Also to George Sherman son of my daughter Roxana Sherman

two hundred dollars ($200). Also to Horace Maynard and

Burns Maynard children of my wife's daughter Fidelia Maynard

one hundred dollars each, and I do hereby appoint George P.

Thrall my son as trustee to take care of all moneys

bequeath in this fourth item; and to be goverened in loan=

=ing the same in all respects as the guardian of my son Homer

is with his money; and in case where there is a bequest to

two children and one die the survivor to inherit; and in

case all die then the bequest to be equally divided among

the surviving brothers and sisters of the blood of the ancestor

viz, George E. Thrall's children, to his children; Roxanna Sherman's

son George to her children; and as the legatees because of

age each to receive the bequest with all interest that have

accrued except what has been legally paid for taxes & costs; but

if the legatees shall die before they arrive at full age,

then his share to be paid as above to each as he or she

shall arrive at full age.

Item 5th All the balance of my property real and personal

to be by my administrator reduced to money and to be equally

divided with with my wife Sarah and my children, George

E. Thrall, Roxanna Sherman and Homer H. Thrall, and I do

empower and hereby authorize my administrator to sell

and convey any and all real estate that I may own/except

what is bequeathed to my wife/to the best advantage either

at private or public sale, and if at private sale not less than

its appraised value, if at public sale, to be advertised at least

in five of the most public places in the heart of the county

where the property is situated, and thirty days notice to be

given, and the sale to be on the premises.

Item 6th. My daughter, Roxanna Sherman's share of the above

bequest to be kept at interest by son George E. Thrall under

the same rules and regulations as he is required in Item four,

as trustee; and to pay her annually one hundred dollars,

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 235)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 235)

Description

[page 235]

[corresponds to labeled page 203 of Will Records Vol. 4 - 1859-1869]


203


Record of the Will of Alexander Thrall, June 12th, 1865


The interest first and after that enough of the principal to make

up that sum until all is paid; but if she should die and have

a balance in his hands, then he to pay the sum to George

Sherman her son under the same regulation as he is to

pay said George Sherman in item fourth as above are authorized

and required.

Item 7th. I do hereby appoint my son George E. Thrall as

executor of this my last will and testament if he will settle

the estate for seventy five dollars in all; if not then my wife

Sarah will select an administrator.

In testimoney whereof I have hereunto set my hand and

seal this third (3rd) day of June Eighteen hundred and fifty

eight.

Signed and acknowledged by Alexander Thrall

as his last will and testament in our presence

and signed by us in his presence.

H. C. Frost }
Witnesses
W. P. Frost } (End of will.)

The State of Ohio, Delaware County, SS.

We Henry C. Frost and William P. Frost, being duly sworn in

open court this 12th day of June A.D. 1865, depose and say

that we were present at the execution of the last will and

testament of Alexander Thrall hereto annexed; that we saw

the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament, and

that the said testator at the time of executing the same being

of full age and of sound mind and memory and not under

any restraint; and that we signed the same as witnesses at

his request and in his presence and in the presence of each

other. (Signed) H. C. Frost

W. P. Frost

Sworn to and subscribed in open court this 12th day of June

1865 before me. T. W. Powell, Probate Judge

_______________ " __________________

Record of the will of John Salmon decd. June 14th 1865.

Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the County of Delaware and

State of Ohio at his office in the town of Delaware

on the 14th day of June 1865.

This day the last will and testament of John Salmon

late of this county decd. was presented to the court for

probate and record; thereupon James B. W. Haynes and

William H. Fergason witnesses to the said will came into

court and were duly sworn and examined, and their testi-

-mony reduced to writing, and now annexed to the will

and filed therewith; and it appearing to the court that the

said will was duly executed and attested, and that the tes-

-tator at the time of executing the same was of full

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 236)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 236)

Description

[page 236]

[corresponds to labeled page 204 of Will Records Vol. 4 - 1859-1869]


age, and of sound mind and memory and not under any

restraint; therefore the court, upon conditions thereof, orders

that the said will be admitted to probate as duly proved as

the last will and testament of the said John Salmon decd.

and orders to be recorded as such.

And therefore the widow Mrs. Anna Salmon came

into court and made her election to take under

the will. (see the journal entry).

Copy and record of the will and testimony :___

In the name of the Benevolent Father of All.

I John Salmon of Delaware County, Ohio, do make

and publish this my last will and testament.

Item 1st. I give and devise to my beloved wife, in lieu of

her dower, the farm on which I now reside, containing

about one hundred acres during her natural life; and

all the stock, except one horse; house hold furnature, goods

provisions and other chattels which may be thereon at the

time of my decease during her natural life and aforesaid;

She, however, selling so much thereof as may be

sufficient to pay my just debts, in case any remain unpaid

at my decease.

Item 2nd. I give and devise to my son James Salmon one horse.

Item 3rd. At the death of my said wife the real estate aforesaid, and

such part of the personal property on the proceeds thereof as may

then remain unconsumed and unexpended, I give and devise

to my sons Benjamin Salmon and James Salmon and my daughter

Mixenda Shoemaker to be divided equally between them.

Item 4th. I do hereby nominate and appoint my beloved wife Anna

Salmon and my son James Salmon, executors of this my last

will and testament, hereby authorizing and empowering them

to compromise, adjust, release and discharge in such manner

as they may deem fit and proper the debts and claims due me.

I do also authorize them to empower them if it shall become

necessary in order to pay my debts (if any) to sell by private

sale or in such manner how much terms of credit or otherwise -

as they may think proper any part of my personal property.

In testimony whereof I have hereunto set my hand and seal,

his

this 22nd day of February A.D. 1858 (signed) John X Salmon (seal)

mark

signed and acknowledged by said John Salmon

as his last will and testament in our presence

and signed by us in his presence.

(signed) J. B. W. Haynes

W. H. Fergason. (end of will).


The State of Ohio, Delaware County, SS.

We, James B. W. Haynes and William H. Fergason being duly

sworn in open court this 26th day of April A.D. 1865, depose and

say that we were present at the execution of the last will and
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 237)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 237)

Description

[page 237]

[corresponds to labeled page 205 of Will Records Vol. 4 - 1859-1869]

205.

Record of the Will of John Salmon decd. June 14th, 1865


testament of John Salmon hereto annexed; that we saw him

the said testator subscribe said will, and heard him publish and declare

the same to be his last will and testament, and that the said testator at

the time of executing the same was of full age and of sound

mind and memory and not under any restraint, and that we

signed the same as witnesses at his request and in his presence

and in the presence of each other. (signed) J. B. W. Haynes

William H. Fergason

Sworn to and subscribed before me this 26th day of April A.D. 1865

T. W. Powell Probate Judge

__________ = __________


Record of the will of Abdiel McAllister decd.

Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the County of Delaware and State

of Ohio at his office in the Town of Delaware on the

15th day of July 1865. to wit: _____

On 14th day of April last, the last will and testament of

Abdiel McAllister late of said county decd. was presented

for probate and records: thereupon Robert Wilson, one of the

witnesses to the said will, came into court, was duly sworn and

examined, and his testimoney reduced to writing, and now annexed

to the will and filed therewith, and it appearing that A. S. McMillen

the other witness to said will is decd.; thereupon on this day came

into court Henry Hodgden who was duly sworn and examined

and his testimoney in like manner reduced to writing and an-

-nexed to the said will and filed therewith; and thereupon it appearing

to the court that the said will was duly executed and attested, and

that the testator at the time of executing the same, was of full

age, and of sound mind and memory, and not under any restraints,

thereupon the court upon consideration thereof orders that the

said will be admitted to probate as duly proved as the last

will and testament of the said Abdiel McAllister decd. and ordered

to be recorded as such.

Copy and record of the will and testimony: _____

In the name of God Amen. I Abdiel McAllister

of the County of Delaware, and State of Ohio; being weak in

body, but sound in 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 made;

and first it is my will that my funeral expenses and all my just

debts be fully paid by my executors or Administrators out of

my estate; and secondly I will and bequeath to my beloved

and affectionate wife Lucinda, all the residue of my estate

both real and personal, for her sole use, during her natural

life; and after her decease what remains to be equally divided

amongst my legal heirs - the heirs of my daughter Sarah E. to

draw their mother's share, and also the heirs of my daughter -

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 238)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 238)

Description

[page 238]

[corresponds to labeled page 206 of Will Records Vol. 4 - 1859-1869]


206


Records of the will of Abdiel McAllister decd. July 15th 1865.


Agness S. to draw their mother's share -- the shares of these

minor heirs of my daughters is to remain in the hands

of my son Richard T. McAllister until they arrive to a

mature age.

In testimony whereof I have hereunto set my hand and

seal this 21st day of January A.D. 1858.

Signed published and declared by the (signed) Abdiel McAllister

above-named Abdiel McAllister

as for his last will and testament

in presence of us, who at his

request have signed and witnessed

the same. A. S. McMillen

Robert Willson (end of the will).


Record of testimony

The State of Ohio, Delaware County. SS.

We Robert Willson and being duly sworn

in open court this 14th day of April A.D. 1865 depose and say

that we were present at the execution of the last will and

testament of Abdiel McAllister hereto annexed; that we saw

the said testator subscribe said will and heard him publish

and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was

of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at his

request and in his presence and in the presence of each other.

(signed) Robert Wilson

Sworn to and subscribed before me this 14th day of April A.D. 1865.

T. W. Powell, Probate Judge

The State of Ohio, Delaware County, SS.

Henry Hodgden being duly sworn in open court upon

his oath deposes and says that he has examined the signatures

of the witnesses and testator to the will of Abdiel McAllister hereto

annexed, and says he is well acquainted with the hand writing

and signature of A. T. McMillen one of the witnesses thereto,

having frequently seen him write, and say the said signature is

with the hand writing and signature of said Abdiel McAllister

the testator, having frequently seen his signature is

his as witnessed to said will. And further says that I am acquainted

with the hand writing and signature of said Abdiel McAllister

the testator, having frequently seen his signature, and says that the

said signature of said Abdiel McAllister to said will is true and

genuine, as I verily believe. Said McMillen is now deceased.

(signed) Henry Hodgden,

Sworn to & subscribed this 15th day of July 1865.

T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 239)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 239)

Description

[page 239]

[corresponds to labeled page 207 of Will Records Vol. 4 - 1859-1869]

207


Record of the will of William G. Van Sickle decd. August 15th 1865.


Proceedings had before Thomas W. Powell judge

of the Probate Court in and for the County of Delaware and State

of Ohio, at his office in the town of Delaware on the 15th

day of August A.D. 1865 to wit: _____

This day the last will and testament of William G. Van Sickle

late of Kingston Township in this county decd. was produced to

the court for probate and record. Thereupon Henry Hodgden

and Amos Utley witnesses to the said will came into court

and were duly sworn as examined, and their testimoney reduced

to writing, and now annexed to the will and filed therewith; and

it appearing to the court that the said will was duly executed and

attested, and that the testator at the time of executing the same

was of full age, and of sound mind and memory and not

under any restraint; thereupon the court upon consideration

thereof orders that the said will be admitted to probate as

duly proved as the last will and testament of the said William

G. Van Sickle decd. and ordered to be recorded as such.

Copy and record of the will and testimony: _____

I William G. Van Sickle being of sound mind and memory

and in my usual health; for which I trust I truly thankful

to Divine Providence do make and publish this my last

will and testament.

Item 1st. It is my will and bequest that my son Emmerson

D. VanSickle shall have all my real estate and personal

property upon these conditions, that he is to pay all just

debts and legal demands against my estate; to take all

reasonable care of my wife, both in sickness and in health,

furnishing her with medical attendance and nurses, cloth-

-ing and in short every thing that is necessary for her comfort

and convenience of a person of her age and circumstances,

in life, this during her natural life.

Also he is to pay my son William J. Van Sickle three

thousand dollars, to be paid as follows, viz. when he is of age,

(if that is after my death) five hundred dollars, one year after

that time five hundred dollars, one year after that time six

hundred dollars, also at the expiration of another year eight hundred

dollars, thus at the end of each and every year one payment is

to be made until all is paid; all to be on interest after one

year from my death.

Item 3rd As I have given to my son Alfred S. Van Sickle one

hundred acres of land with three thousand dollars, which I con-

-sider his full share in my property, therefore, I have not

devised any more of my property to him.

Item 4th I do hereby appoint my son Emmerson D. Van

Sickle as administrator of this my last will and testament

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 240)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 240)

Description

[page 240]

[corresponds to labeled page 208 of Will Records Vol. 4 - 1859-1869]



208

Record of the Will of William G. Van Sickle decd. August 15th 1865


and do authorize and empower him to sell my real estate

if necessary to pay legal demands or legacies, to be sold

at either public or private sale, or the most advantageous

terms, and execute a good and sufficient deed therefore.

In testimoney whereof I have set my hand and seal this

16th day Sept. 1858 (signed) Wm. G. Van Sickle

signed and sealed in the presence of

Henry Hodgden

Amos Utley (end of the will.)

Record of the testimony: _____

The State of Ohio Delaware County SS

In the matter of the last will and testament of William G. Van Sickle

of Kingston Tp. in this county deceased.

We Henry Hodgden and Amos Utley being duly sworn in

open court this 15th day of August A.D. 1865, depose and say

that we were present at the execution of the last will and test-

ament of William G. Van Sickle of Kingston Township hereto

annexed; that we saw the said testator subscribe said will and

heard him publish and declare the same to be his last will and

testament and that the said testator at the time of executing the

same was of full age, and of sound mind and memory and not under

any restraint, and that we signed the same as witnesses at his

request and in his presence and in the presence of each other.

(signed) Henry Hodgden

Amos Utley.

Sworn to and subscribed before me in the Probate Court

this 15th day of August A.D. 1865. T. W. Powell, Probate Judge


____________________ = __________________


Record

of the will of Isaac Curren decd. August 18th, 1865.

Proceedings held before Thomas W. Powell Judge

of the Probate Court in and for the county of Delaware

and State of Ohio, at his office in the town of Delaware

on the 18th day of August A.D. 1865 to wit: _____

This day the last will and testament of Isaac Curren

late of Radnor Township in this county was presented to the

court for probate and records. Hereupon Elijah Dix and

James P. Osborn witnesses to the said will came into court and

were duly sworn and examined and their testimony reduced

to writing as now annexed to the will and filed therewith;

and it appearing to the court that the said will was duly executed

and attested; and that the testator at the time of executing the

same was of full age, and of sound mind and memory, and not

under any restraint; thereupon the court upon consideration

thereof orders that this said will be admitted to probate as

duly proved as the last will and testament of the said Isaac

Curren decd. and ordered to be recorded as such.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 241)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 241)

Description

[page 241]

[corresponds to labeled page 209 of Will Records Vol. 4 - 1859-1869]


209

Record of the will of Isaac Curren decd. August 18th, 1865.

Copy and records of the will and testimony.

In the name of the Benevolent Father of all.

In view of the certainty of death and the uncertainty

of life; I Isaac Curren of the Township of Radnor, Delaware

County, Ohio, do make and publish this my last will and testament.

First: I give and devise to my beloved wife the farm on which

we now reside situate in the county Delaware and State of Ohio,

and in Radnor Township being lot 20, Range 20, Township 6,

Section 1, U. S. M. containing one hundred acres; and I further

give and devise to my beloved wife sixteen and 2/3 acres

of land being the undivided one third of fifty acres in

lot number 21 in T. R. & Section above named; during the

life time of my said wife and upon her death then I give

and bequeath to my daughter Catharine Ellen fifty acres

off of the South side on the south half of the farm on

which I now reside, of which a life estate is bequeath to

my said wife. Also on the demise of my said wife I give

and bequeath to my before named daugther Catharine

Ellen the sixteen and 2/3 acres, being the undivided one third

of fifty acres in lot No. 21 in Township Section of Range

before mentioned.

Thirdly. On the death of my said wife I give and bequeath

the north half of the lot on which I now reside (being fifty

acres of land before described) equally to my son Henry

Curren and my son Joseph Curren and my daughter

Mariah Cushman and my daughter Mary Ann Lodwig.

Fourthly, I give and bequeath all of my personal property

to my said wife Nancy Curren, and she is to pay all my just

debts; and upon her death, whatever remaining of said personal

property, I give and bequeath equally to all of my sons

and daughters, to wit; Henry Curren, Joseph Curren, Mariah

Cushman, Mary Ann Lodwig and Catharine Ellen Curren.

Fifthly. I desire that no appraisement and no sale of

my personal property be made and that the court

of probate direct the omission of the same.

Sixthly. I do hereby nominate and appoint my wife

Nancy Curren and my son Henry Curren Executors of

my last will and testament.

In testimony hereof I have hereupon set my hand

and seal this 21 day of November in the year 1864.

Signed and acknowledged by said (signed) Isaac Curren (seal)

Isaac Curren as his last will

and testament in our presence,

and signed by us in his presence.

(signed) Elijah Dix.

James R. Osborn. (end of the will)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 242)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 242)

Description

[page 242]

[corresponds to labeled page 210 of Will Records Vol. 4 - 1859-1869]


210


Record of the Will of Isaac Curren decd. August 18th, 1865.


Record of the testimony. _____

The State of Ohio, Delaware County Ss.

In the matter of the will and testament of Issac Curren late

of Radnor Township deceased.

We Elijah Dix and James P. Osborn being duly sworn

in open court this 18th day of August A.D. 1865, depose and

say, that we were present at the execution of the last will

and testament of Isaac Curren of Radnor Township

hereto annexed, that we saw the said testator subscribe said

will, and heard him publish and declare that same to be his

last will and testament, and that the said testator at the time

of executing the same was of full age, and of sound

mind and memory, and not under any restraint, and

that we signed the same as witnesses at his request as in his

presence, and in the presence of each other.

(signed) E. Dix.

James P. Osborn.

Sworn to and subscribed before me in the Probate Court this 18th

day of August A.D. 1865 T. W. Powell Probate Judge

__________ = __________

Record of the Will of Noble Andrew decd. August 2th 1865


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware on the 25th day of

August 1865. to wit: _____

This day Mr. Jonas Harrison (the Executor) presents the last

will and testament of Noble Andrew of Porter Township decd to

the court for probate and record. Thereupon Thompson Roberts

and Lafayette Vining witnesses to the said will came into court

and were duly sworn and examined and their testimony reduced

to writing, and now annexed to the will and filed therewith; and

it appearing to the court that the said will was duly executed

and attested, and that the testator at the time of executing the

same was of full age, and of sound mind and memory and not

under any restraint. - Thereupon the Court upon consider=

ation thereof orders that the said will be admitted to probate

as the last will and testament of the said Noble Andrew decd. and

ordered that the same be recorded as such.

Copy and records of the will and testimony:

I Noble Andrew of the Township of Porter in the county

of Delaware and State of Ohio, being of sound mind, memory and

understanding do make and publish this my last will and testament

in manner and form following: _____

First. It is my will that all my funeral expenses be paid, and

and all my just and lawful debts.

And Secondly; I give and bequeath to my wife Charlotte Andrew

for and during the period of her lifetime the use and occupancy of

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 243)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 243)

Description

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211


Record of the Will of Noble Andrew decd. August 25th 1865.

of the house and lot of land on which we now reside, situ

-ated in the said Porter Township, Delaware County and State of

Ohio, and also all of my personal property for her own use

during her lifetime.

And I do bequeath to Charlotte June and Anne Eliza

Andrew, daughters of my son Issac deceased when they

become of lawful age, the house and lot of land with all

the improvements belonging thereto, joining the place where

I now live, on the south, and being the house and lot for-

-merly occupied by my son Isaac decd. and Catharine Andrew

his wife; and I do further bequeath to my above named grand

daugthers at the decease of my wife a lot of land described

as follows, lying on the north of the above name lot,

commencing in the center of the county road leading from

Olive Green to Macedonia on a parallel line with a

board fence running east and west near and on the North

side of the house above named; thence northerly along the

center of said county road fourteen rods and seven feet; thence

west to the land now owned by Thompson Roberts; thence south

along the east line of said land fourteen rods and seven feet

to the above named board fence; thence east along said fence

to the place of beginning; And I do also bequeath to Catharine

Andrew wife of my son Isaac deceased the use of the house

and lot above named during the minor years of the said Charlotte

Jane and Ann Eliza Andrew, and also the use of the vacant

lot of land above described after my wife's decease, until said

Children shall become of age, if so be that my wife's decease

should occur before the said children shall become of age.

And all the parts of my estate whatsoever which may remain

unexpended in the bequests aforesaid and such as may be left

at the decease of my wife, I do give and bequeath to my son

Richard Andrew and my daughter Melvina Vanwert, to be divi-

-ded as follows: my son Richard to have the homestead lot where

we now live by paying my daugther Melvina fifty dollars.

And I do hereby nominate and appoint Jonas Harrison

Executor of this my last will and testament, hereby authorizing him

and empowering him to compromise and adjust, release and discharge

in such manner as he may deem proper debts and claims due

to me; and I do authorize and empower him if it be found necessary

in order to pay my debts as the stipulation of this my last will

and testament, to sell by private sale or otherwise so much of my

property, personal or real as may be found necessary to pay

my debts. In testimony whereof I have hereunto set my hand this seven-

-teenth day of March in the year of our Lord one thousand eight hundred and

sixty four. (signed) Noble Andrew.

Signed and acknowledged by said Noble Andrew as his last will

and testament in our presence and signed by each of us in his

presence, and by his request. (signed) Thompson Roberts

Lafayette Vining (end of will)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 244)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 244)

Description

[page 244]

[corresponds to labeled page 212 of Will Records Vol. 4 - 1859-1869]


212

Record of the will of Noble Andrews decd. August 25th 1865.


Record of the testimony to wit: _____

The state of Ohio, Delaware County Ss

In the matter of the last will and testament of Noble Andrew decd.

late of Porter Tp Delaware County decd.

We Thompson Roberts and Lafayette Vining being duly sworn

in open court this 25th day of August A.D. 1865, depose and say that

we were present at the execution of the last will and testament of

Noble Andrew of Porter Township in this county hereto

annexed that we saw the testator subscribe said will and heard

him publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same was

of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnessed at his

request, and in his presence and in the presence of each other.

(signed) Thompson Roberts

Lafayette Vining.

Sworn to and subscribed before me in the Probate Court

this 25th day of August A.D. 1865. T. W. Powell

__________ = __________

Record of the will of William L. Welch decd.


Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the County of Delaware and State

of Ohio at his office in the town of Delaware on the 10th

day of October A.D. 1865.

This day Arabel Welch presents to the court the last will

and testament of William L. Welch late of Delaware decd. for

probate and records. Thereupon Henry W. Chamberlain

and John Wolfley witnesses to the said will came into court and

were duly sworn and examined, and their testimony reduced

to writing, and now annexed to the will and filed therewith, and

it appearing to the court that the said will was duly executed and

attested and that the testator at the time of executing the same

was of full age and of sound mind and memory and not under

any restraint, thereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved

as the last will and testament of the said William L. Welch decd.

and ordered to be recorded as such.

Thereupon letters testamentary were granted unto Asahel Welch,

Sally Welch and Luretta Welch the three executors named in the

will who gave bonds in the sum of $5000 with W. Chamberlain

John Wolfley and Charles Stenbeck their surities. The executors being

the residuary legatees gave bonds conditioned that they

pay all the debts and legacies of the testator. And the execu-

-tors are not required to inventory the estate.

Copy and record of the said will.

In the name of God, Amen.

I William S. Welch of Delaware County, Ohio, being of

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 245)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 245)

Description

[page 245]

[corresponds to labeled page 213 of Will Records Vol. 4 - 1859-1869]


213


of sound mind and disposing memory, but weak

in body, do make and publish this my last will and testament.

First. I will and direct, that all my just and legal debts be first

paid out of my estate.

Second. I hereby devise and bequeath unto my sisters

Sallie Welch and Luriella Welch and unto my brother

Asahel Welch, all my property both real and personal

wherever situated, and of whatever nature. To have and to

hold until them and their heirs and assigns forever share

and share alike.

Third. I hereby appoint and constitute Sallie Welch, Lu-

rietta Welch and Asahel Welch as the executors of

this my last will and testament; hereby revoking and annul-

-ling all former wills by me made, and declaring this

and this only to be my last will and testament.

In testimony whereof I have hereunto set my hand

and seal this 5th day of April A.D. 1865.

Signed, sealed and published by this said (signed) W. L. Welch

William L. Welch as for his last

will and testament in our presence

and we at his request, signed the same

in his presence and in the presence

of each other as witnesses thereto.

(signed) Henry B. Chamberlain

John Wolfley (end of will.)

Record of the testimony and deposition.

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of William L.

Welch late of Delaware deceased.

We, Henry W. Chamberlain and John Wolfley being duly

sworn in open court this 10th day of October A.D. 1865, depose

and say, that we were present at the execution of the last

will and testament of William L. Welch of Delaware hereto

annexed, that we saw the said testator subscribe said will

and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time

of executing the same was of full age, and of sound mind

and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his

presence and in the presence of each other.

(signed) Henry W. Chamberlain

John Wolfley.

Signed and sworn to before me, in the Probate Court this 10th day of

October A.D. 1865. T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 246)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 246)

Description

[page 246]

[corresponds to labeled page 214 of Will Records Vol. 4 - 1859-1869]


214


Record of the will for Azor Saunders decd. October 12th, 1865.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and the State

of Ohio, at his office in the town of Delaware on the 12th

day of October A.D. 1865.

This day the last will and testament of Azor Saunders late

of Berlin Township in this county decd. was presented to the

court for probate and record. Thereupon Charles Neil and

John W. Neil the subscribing witnesses to the said will came

into court and were duly sworn and examined, and their

testimony reduced to writing, and now annexed to the

will and filed therewith, and it appearing to the court that the said

will was duly executed and attested, and that the testator at the

time of executing the same was of full age, and of sound

mind and memory and not under any restraint; thereupon

the court upon consideration thereof, orders that the said

will be admitted to probate as duly proved as the last will

and testament of the said Azor Saunders decd, and ordered

to be recorded as such.

Copy and record of the will.

"In the name of the Benevolent Father of All.

I Azor Saunders of Berlin Township in Delaware County

and State of Ohio, do make and publish this my last will and

testament.

Item 1st. I give and devise to my beloved wife Elizabeth

in lieu of her dower, the farm on which we now reside

situate in Berlin Township in Delaware County, Ohio;

containing eighty six acres of land during her natural

life; and all the stock, household furnature, provisions

and other goods and chattels, which may be there at the time

of my decease, during her natural life aforesaid, selling

so much thereof as may be sufficient to pay my just debts.

Provided, however, in my said wife Elizabeth should again marry

then she is to have but one third of the aforesaid real and

personal estate; and the remaining two thirds to be divided

to my children as follows: __ To my grandson, who is the son

of Edward Saunders, one hundred dollars when he arrives

at the age of twenty one years, and to my daughter Mary Wheaton

one thousand dollars; and to my son Edwin P. Saunders the re=

=maining part of said real and personal estate.

Item 2nd. In case my wife should remain my widow to the close

of her natural life, then at her death the unconsumed part of

said estate is to be divided as aforesaid among the aforesaid

heirs. I do hereby revoke all former wills by me made

In testimony whereof - I have hereunto set my hand and seal this 24th day

of July A.D. 1865. (signed) Azor Saunders

Signed and acknowledged by said Azor Saunders as his last will (seal)

and testament in our presence and signed by Charles Neil

up in his presence __________ John W. Neil (end of will)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 247)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 247)

Description

[page 247]

[corresponds to labeled page 215 of Will Records Vol. 4 - 1859-1869]


215


Record of the will of Azor Saunders decd. October 12th, 1865.

Record and copy of the testimoney and depositions to wit.

"The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Azor Saunders

decd. late of Berlin Township.

We Charles Neil and John W. Neil being duly sworn in

open court, this 12th day of October A.D. 1865, depose and say

that we were present at the execution of the last will and

testament of Azor Saunders of Berlin Township hereto

annexed; that we saw the said testator subscribe said

will and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time

of executing the same was of full age, and of sound mind

and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his

presence, and in the presence of each other.

(signed) Charles Neil

John D. Neil

Sworn to and subscribed before me in the Probate Court

this 12th day of October A.D. 1865.

T. W. Powell, Probate Judge

__________ = __________


Record of the will of William P. Thomas, decd.

Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the county of Delaware on

the 30th day of October A.D. 1865.

This day the last will and testament of William P. Thomas

late of Radnor in this county decd. was presented to the court for

probate and record. Thereupon Richard Rumford and Thomas

Edwards, the subscribing witnesses to the said will, came

into court, and were duly sworn and examined, and their

testimony reduced to writing, and now annexed to the will

and filed therewith, and it appearing to the court that the said

will was duly executed and attested, and that the testator

at the time of executing the same was of full age

and of sound mind and memory and not under any restraint

thereupon the court upon consideration thereof, orders that

the said will be admitted to probate as duly proved as the

last will and testament of the said William P. Thomas decd.

and ordered to be recorded as such.

Copy and record of the will.

"I William P. Thomas of Radnor Township in Delaware County

in the state of Ohio do make and publish this my last will and

testament in manner and form following that is to say __________

First. It is my will that my funeral expenses and all my just

debts be fully paid.

Second. I give, devise and bequeath to my my sister in law

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 248)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 248)

Description

[page 248]

[corresponds to labeled page 216 of Will Records Vol. 4 - 1859-1869]



216

Record of the will of William P. Thomas decd. October 30th 1865


to Jane Jones, wife of David T. Jones fifty dollars.

Third. I give, devise and bequeath to my sister-in-law Mary

Perry and her two daughters, Jane Jones and Catherine David

all my beds and bedclothes also my silver spoons.

Fourth. I give, devise and bequeath to my two brothers

and sister, Robert Thomas, Griffith Thomas and Catharine

Thomas of Carvarvonshire, North Wales, equally divided be-

-tween the last three mentioned after paying the above mentioned.

Also, I devise and bequeath all my books to my two brothers and

sister, if they wish to have them, if not my executor to dispose

of them in the best manner.

And lastly I hereby constitute and appoint John Humphrays

to be the executor for this my last will and testament; revoking

and annulling all former wills by me made; and ratifying

and confirming, this and no other to be my last will and

testament. In testimony whereof I have hereunto set

my hand and seal this 19th day of October A.D. 1865.

(signed) William P. x Thomas

Signed, published and declared by the above

named William P. Thomas as and for his

last will and testament in the presence of

us, who at his request signed as witnesses to

the same. (signed) Richard Bumford

Thomas Edwards. (End of the will)

Record of the testimony, to wit: _____


The State of Ohio

Delaware County, Ss,

In the matter of

the last will and testament of William P. Thomas

late of Radnor deceased.

We Richard Bumford and Thomas Edwards being

duly sworn in open court this 30th day of October

A.D. 1865 depose and say that we were present at

the execution of the last will and testament of William

P. Thomas of Radnor in said county hereto annexed

that we saw the said testator subscribe said will

and heard him publish and declare the same to be

his last will and testament, and that the said testator

at the time of executing the same was of full age

and of sound mind and memory and not under

any restraint, and that, we signed the same as

witnesses at his request and in his presence and in

the presence of each other. Richard Bumford

Thomas Edwards

Sworn to and subscribed before me in the Probate Court

this 30th day of October A.D. 1865

T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 249)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 249)

Description

[page 249]

[corresponds to labeled page 217 of Will Records Vol. 4 - 1859-1869]


217

Record of the will of John Rosecrans decd. November 22nd 1865.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and the state

of Ohio, at his office in the town of Delaware, on the 22nd

day of November A.D. 1865.

This day the last will and testament of John Rosecrans

decd. heretofore by this court sent to Marengo, Iowa County, Iowa

together with the commission therewith issued to take the deposition

of Alvin Rosecrans one of the witnesses thereto was returned

with the testimony of the said Alvin Rosecrans duly taken;

and the testimony of the said Festus Utley and Alvin Rosecrans

annexed to the said will and filed therewith. And it appear-

-ing to the court that the said will was duly executed and

attested, and that the testator at the time of executing the

same was of full age, and of sound mind and memory

and not under any restraint; thereupon the court, upon

consideration thereof orders that the said will be

admitted to probate as duly proved as the last will and

testament of the said John Rosecrans, and ordered to be

recorded as such.

Copy and record of the will.

" In the name of the Benevolent Father of All.

I John Rosecrans of Kingston, Delaware County, Ohio

do make and publish this my last will and testament.

I give and devise to my beloved wife in lieu of her dower

the farm on which we now reside, situate in Kingston, Delaware

County, Ohio, containing about one hundred and seventy acres

(with the exception of seventy five acres of land off of the west

end of said farm) she however selling so much thereof as may

be sufficient to pay my just debts. Also, all the stock house-

-hold goods and chattles which may be thereon at the time of

my decease. At the death of my wife the real estate afore-

-said I give and devise to my son Sam and his heirs. If however

my son Sam should die before the decease of my said wife

leaving no children living at the decease of my said wife,

then the share of said property above devised to such deceased

now is hereby devised and bequeathed to my said wife. If my

said wife and son Sam should not survive me, then I devise

and bequeath the property aforesaid to my two sons Alvin and Peter

J. and daughter Elizabeth, equally, and to their heirs forever.

It is hereby intended that the personal property above mentioned

should first be set in preference to the real estate to pay debts.

I also empower my wife to sell or dispose of the above pro-

-perty and convert the avails to any use she may think proper.

Item 2nd. I devise and bequeath to my son Sam seventy

five acres of land off of the west end of the farm. We now

reside on situated in Kingston Tp. Delaware Co. Ohio.

(over) _________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 250)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 250)

Description

[page 250]

[corresponds to labeled page 218 of Will Records Vol. 4 - 1859-1869]



218

Record of the will of John Rosecrans November 22nd 1865.

I do hereby nominate and appoint my wife Mary Rose-

-crans Executrix of this my last will and testament; hereby au-

-thorizing and empowering her to compromise and adjust, re-

-lease and discharge in such manner as she may deem

proper, the debts and claims due me. I do also authorize

and empower her if it shall become necessary in order to

pay my debts to sell by private sale in such manner, upon

such terms of credit or otherwise as she may think proper,

all or any part of my real estate, and deeds to purchasers

to execute, acknowledge and deliver in fee simple.

I desire that no appraisement be made, and no

sale of my personal property be made and that the court

of Probate direct the omission of the same in pursuance

of the statute. In testimony hereof I have hereunto

set my hand and seal this 19th day of September A.D. 1859.

(signed) John Rosecrans

Signed and acknowledged by said John Rosecrans

as his last will and testament in our presence

and signed by us in his presence.

(signed) Festus Utley

Alvin Rosecrans (end of the will)

Record of the testimony and despositions etc

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of John Rosecrans of

Kingston Township deceased.

I Festus Utley (who was a witness with Alvin Rosecrans to said

will) being duly sworn in open court this 7th day of November

A.D. 1865, depose and say that we were present at the execution

of the last will and testament of John Rosecrans of Kingston Township

hereto annexed; that we saw the said testator subscribe said will

and testament, and that the said testator at the time of executing

the same was of full age, and of sound mind and memory, and

not under any restraint, and that we signed the same as witnesses

at his request, and in his presence and in the presence of each

other. (signed) Festus Utley

Sworn to and subscribed before me in the Probate Court this 7th day

of November A.D. 1865. T.W. Powell Probate Judge.

Thereupon the court issued the requisite commission to

take the testimony of the said Alvin Rosecrans of which the

following is a true copy, to wit: _____

The State of Ohio

Delaware County, Ss. In the Probate Court.

To Peter J. Rosecrans of Iowa County in the state of Iowa,

or to the Clerk of the Court in the said county of Iowa, or to the

Judge of the County Court of said Iowa County, or either of

severally: Greeting: _____

I Thomas W. Powell Judge of the Probate Court in & for


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 251)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 251)

Description

[page 251]

[corresponds to labeled page 219 of Will Records Vol. 4 - 1859-1869]


219

Record of the will of John Rosecrans November 22nd, 1865


the county of Delaware placing special confidence in you

and each of you severally, do hereby constitute and ap-

-point any one of you who may act in the premises of com-

-missiones to take the testimony of Alvin Rosecrans of your

county, who is one of the witnesses to the last will and testament

of John Rosecrans late of Delaware County, Ohio, decd.

hereto annexed as to the execution and attestation therefore:

and for that purpose you are hereby authorized and empowered

to administer to him the proper oath to testify the truth

and the whole truth in relation thereto, and take his

deposition in writing; and certify the same to this court

together with the said will, this commission, and your proceed-

-ings thereon properly sealed up in a letter directed to this

court. For which purpose this shall be your authority and

Commission. In testimony whereof I have hereto

set my hand and affixed the seal of said

Probate Court at Delaware, Ohio, this 8th

day of November 1865.

T.W. Powell Probate Judge.

to which Commission the following return was returned

in pursuance of the within commission the undersigned

one of the persons therein commissioned hereby certify that on

the 17th day of November A.D. 1865, the within named Alvin Rose-

-crans appears before me at my office in Marengo

Iowa Co. Iowa, and was duly sworn by me to testify the

truth, the whole truth, and nothing but the truth in relation

to the execution and attestation of the last will and testa-

ment of John Rosecrans hereto annexed, and therefore

he was duly examined and testified, and his depositions

taken in writing and to the will annexed & certified by me,

and now by me sealed up and sent to the Probate Court of

Delaware County, Ohio; As witness my hand the day and

{seal of the county} year above written

{of Iowa Iowa} (signed) J. W. Willits

County Judge Iowa Co. Iowa.

Copy and Record of the deposition

The State of Ohio Delaware County Ss.

In the matter of the last will and testament of John Rosecrans late of

Kingston Township deceased.

I Alvin Rosecrans (who was a witness with Festus Utley to the

said will) being duly sworn by and before the undersigned Commissioner

this 17th day of Nov. A.D. 1865 at Marengo in the County of Iowa, in the

sate of Iowa, depose and say that we were present at the execution

of the last will and testament of John Rosecrans of Kingston in Delaware County, Ohio

hereto, annexed, that we saw the testator subscribe said will and heard him publish and declare

the same to be his last will and testament and that the said

testator at the time of executing the same was of full

(over) _____
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 252)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 252)

Description

[page 252]

[corresponds to labeled page 220 of Will Records Vol. 4 - 1859-1869]



220

Record of the will of John Rosecrans decd. November 22, 1865


full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses

at his request also in his presence, and in the presence of

each other. And deponent further states that the matters

and things set forth in the above and foregoing affidavit in

relations to the last will and testament of John Rosecrans decd.

is true in substance and in fact to the best of his know-

-ledge and belief. (signed) Alvin Rosecrans.

Sworn to and subscribed before me the undersigned Commissioner

this 17th day of November A.D. 1865

[U.S. Stamp 5 cts.] (signed) A. H. Willits

County Judge Iowa Co. Iowa.

_____________________=_________________________


Record of the will of Jacob Smith late of Delaware decd.


Proceedings heard before Thomas W. Powell judge of

the Probate Court in and for the county of Delaware and

the State of Ohio, at his office in the Town of Delaware

on the 19th day of December A.D. 1865.

This day the last will and testament of Jacob Smith late

of Delaware Township decd. was presented to the court for

Probate and record. Thereupon John Houg and John Jacob

Miller, subscribing witnesses to the said will came into

court, and were duly sworn and examined and their tes-

-timony reduced to writing, and now annexed to the will

and filed therewith; and it appearing to the court that the

said will was duly executed and attested, and that the testator

at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint.

Thereupon the Court upon consideration thereof, orders that

the said will be admitted to probate as the last will and testa-

ment of the said Jacob Smith decd. and ordered to be recor

=ded as such._____to wit:_____

Copy and record of the will.

On this twenty eighth day of November in the year of

our Lord Eighteen hundred and sixty five; I Jacob Smith of

Delaware Township in the county of Delaware, State of Ohio,

do make and publish this my last will and testament, hereby

revoking all former wills by me made.

I do give, devise and bequeath unto my beloved

wife Christena Margaret Smith all my personal property, in

whatsoever form the same may be in at my death; whether

household furnature, farm stock, notes, bonds, accounts

money or in any other form whatsoever. I bequeath to

her the personal property to be hers absolutely.

I give and devise to my said wife Christina Margaret

Smith to have and to hold during her natural life the farm
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 253)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 253)

Description

[page 253]

[corresponds to labeled page 221 of Will Records Vol. 4 - 1859-1869]



221

Record of the Will of Jacob Smith December 19th 1866.


the farm on which we now live containing about sixty

acres more or less, situated in Delaware township, Delaware

County, State of Ohio, in Section four, township five, Range

nineteen, United States Military Lands; said farm being made

up of the pieces of land conveyed to me at different times

by Tobias F. Richarts & wife by John Hair and wife, by Charles

Wotring & wife, by Gottlieb Albright and wife.

It is my will and desire that my said wife have said

farm and any other land of which I may be the owner

of at my death, to hold, control & have the entire sole

use of so long as she shall live; and it is my will

and desire that at her death, said farm and land be equally

the property in fee simple of such of any children as

may then be living; and that if - at the death of my said

wife, any of my children shall have died, then that the

children of any child who may have died leaving children,

shall have the same share jointly, as their parent would

have had if living. I nominate constitute and

appoint my said wife executrix of this my last will and

testament; and it is my desire that she be not required to

give any land, nor to return any inventory or appraise=

-ment of the property or any part thereof to court, and that

she be not required to make any sale thereof.

In testimony whereof I have hereunto set my hand

and seal this 28th day of November A.D. 1865.

(signed) [illegible] seal

Signed, sealed and acknowledged by said Jacob Smith

to be his last will & testament in our presence &

signed by us as witnesses thereto in his presence

and in the presence of each other and at his request.

(signed) [illegible] Young

[illegible] Jakob Mullane


(Record of the testimony)

The state of Ohio, Delaware County, Ss.

In the matter of the last will and testament of Jacob Smith, late
of Delaware Township decd.

We John Houg and John Jacob Miller being duly sworn in open

court this 19th day of December A.D. 1865, depose and say, that we were

present at the execution of the last will and testament of Jacob Smith
of Delaware

Township, hereto annexed that we saw the said testator subscribe said

will, and heard him publish and declare the same to be his last will

and testament, and that the said testator at the time of executing the

same was of full age, and of sound mind and memory, and not

acting under any restraint and that we signed the same as

witnesses at his request and in his presence, and in the

presence of each other. (signed) Johan (illigible)

Johan [illigible)

Sworn to and subscribed before me in the Probate Court this 19th day of

December A.D. 1865. T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 254)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 254)

Description

[page 254]

[corresponds to labeled page 222 of Will Records Vol. 4 - 1859-1869]


222

Record of the will of Thomas Main decd. December 20th 1865.


Proceedings heard before Thomas W. Powell judge of the

Probate Court in and for the said county of Delaware and

State of Ohio at his office in the Town of Delaware

on the 20th day of December A.D. 1865.

This day the last will and testament of Thomas Main late

of Troy Township decd. having been presented to this court

for probate and records and the testimony of Madison

Main one of the witnesses to the said will having been

taken and reduced to writing on the eighth day inst.

and Eleazar Main the other subscribing witness being

unwell and unable to attend court, a commission was

issued to Joseph E. Cole Esq. to take his testimony,

which has now been returned to court with the testimony

of the said Eliazor Main duly taken and reduced to writing.

And it now appearing to the court that the said will was

duly executed and attested, and that the said testator at

the time of executing the same was of full age, and

of sound mind and memory and not under any restraint,

therefore the court upon consideration thereof - orders

that the said will be admitted to probate as duly proven as

the last will and testament of the said Thomas Main decd.

and ordered to be recorded as such.

(Copy and record of the Will.)

In the name of the Benevolent Father of

I Thomas Main in the county of Delaware and State of

Ohio do make and publish this my last will and testament.

Item 1st. I give and devise to my beloved wife, in lieu

of her dower, the farm on which we now reside situate

in the Township of Troy and in Range nineteen (19) T, six,

and Section four (4) U.S. Military Lands in Ohio, containing

about one hundred and ten acres (110), during her natural

life (or while she remains my widow;) and all the stock

household goods, furnature, farm and other and other goods

and chattles which may be thereon, at the time of my decease

during her natural life as aforesaid; she selling so much

thereof by public or private sale as she thinks best, suffi-

-cient to pay my just debts. At the death of my wife the real

estate aforesaid and such part of the personal property that as

may then remain unconsummed and unexpended, I give and

devise to my sons, Azariah Main, Marion Main and

Elkanah Main, by their paying my daughters to wit, Albina

Main six hundred dollars, to Jane Roe five hundred dollars

and to Philata Marilla Main five hundred dollars; the money

to be paid when they come in possession, and if not paid, they are

required to give indulgence by receiving interest from

that date.

Item 2nd. I do hereby nominate and appoint my beloved

wife guardian of my daughter Philata Main, until
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 255)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 255)

Description

[page 255]

[corresponds to labeled page 223 of Will Records Vol. 4 - 1859-1869]


223

Record of the Will of Thomas Main decd, December 20th 1865.


until the said Philata Main arrives at the age of eigh-

-teen or intermarries or if in case my wife should

again marry her guardianship of said child shall cease

and determine.

Item 3rd. I do hereby nominate and appoint my

beloved wife executrix of this my last will and testament

hereby authorizing and empowering her to collect, pay over

and cancel any claim, and make sale, either private

or public as she may think best, to satisfy all my debts.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

and seal, this 1st day of November in the year A.D. 1865

his

(signed) Thomas Main X (seal)

mark

Signed and acknowledged by said Thomas Main

as his last will and testament in our

presence; and signed by us in his presence

(signed) Eleazar Main

Madison Main (end of the will)

(copy and Record of the testimony)

The state of Ohio, Delaware County Ss

In the matter of the last will and testament of Thomas Main late of

Troy Township deceased.

I Madison Main being duly sworn in open court this

8th day of December A.D. 1865 depose and say that we, (myself

and Eleazor Main) were present at the execution of the last

will and testament of Thomas Main of Troy Township hereto

annexed, that we (myself as Eleazor Main) saw the said testator

subscribe said will, and heard him publish and declare the

same to be his last will and testament, and that the said

testator, at the time of executing the same was of full

and of sound mind and memory and not under any rest-

-raint and that we signed the same as witnesses at his

request and in his presence and in the presence of each other.

(signed) Madison Main

Sworn to and subscribed before me in the Probate Court this 8th

day of December A.D. 1865. T. W. Powell Probate Judge

(copy & Record of the Commission and testimony taken)

The State of Ohio,

Delaware County, Ss} In the Probate court.

To Joseph C. Cole Esqr. of Troy Township.

Placing special confidence in your integrity

and ability, you are hereby appointed commissioner to take

the testimony of Eleazor Main (who is sick and unable

to attend court) as witness to the last will and testament of Thomas

Main decd. late of Troy Township, hereto annexed and reduce

his testimony to writing as to the execution and attestation

of his said will, and then return the same under your seal

to this court, and as such commissioner you are au-
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 256)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 256)

Description

[page 256]

[corresponds to labeled page 224 of Will Records Vol. 4 - 1859-1869]

224


Record of the Will of Thomas Main decd. December 20th 1866.


authorized and empowered to administer the proper oath to

said witness to testify the truth.

Witness whereof , Thomas W. Powell Probate Judge

{Seal} of our County have hereto set my hand and the

seal of the Probate Court, this 8th day of December

1865. T.W. Powell Probate Judge.

(Return thereto.)

I the within named Joseph C. Cole Commissioner et al

hereby return that I have executed this commission by

taking the deposition of the said Eleazor Main under

oath and reduced to writing hereto annexed and returned

with the said will. Given under my hand this 9th

day of December 1865. (signed) Joseph C. Cole Commissiioner.

The State of Ohio, Delaware County Ss.

In the Matter of the last will & testament Thomas Main late of Troy Township, decd.

Commissioner etc on the 9th day of December A.D. 1865 depose and

say that we (this deponant and Madison Main) were present

at the execution of the last will and testament of Thomas

Main of Troy Township hereto annexed; that we saw the said

testator subscribe the said will and heard him publish and

declare the same to be his last will and testament, and that said

testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request and

in his present and in the presence of each other.

(signed) Eleazor Maine.

Sworn to and subscribed before me this 9th day of December

A.D. 1865. (signed) Joseph C. Cole, Commissioner.


Record of the Will of John G. Myers decd.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of Ohio

at his office in the town of Delaware on the 26th

day of December A.D. 1865.

This day the last will and testament of John G. Myers late

of Berlin Township deceased, was presented to the Court for

Probate and record. Thereupon Daiton W. Terrill and

Daniel Potter subscribing witnesses to the said will came

into court and were duly sworn and examined; and their testi

=mony reduced to writing, and now annexed to the will

and filed therewith; and it appearing to the court that the said

will was duly executed and attested, and that the testator at the time

of executing the same, was of full age and of sound mind and memory

and not under any restraint, thereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved as the last will of testament

of the said John G. Myers dated and ordered to be recorded as such.

T.W. Powell Pro. Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 257)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 257)

Description

[page 257]

[corresponds to labeled page 225 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John G. Myers (Thomas Main crossed out) decd. December 26th 1865.


(Copy and Record of the Will)

In the name of God, Amen. I John G. Myers of the Town

of Berlin, the county of Delaware and State of Ohio, being

of sound mind and memory, and considering the un=

=certainty of this frail life, do therefore make, ordain

publish and declare this to be my last will and testament

that is to say; as I am not in debt, all my estate real and

personal, I give bequeath and dispose of as follows, to wit;

All my estate real and personal to my wife Grace just

as long as she remains my widow single; if she marry

she shall have no part or claim thereon. I further be=

=queath that all the above estate after my wife's release

be my son Alvin's; and I further will that my wife and my

son Alvin do pay all the rest of the children, namely,

Griszilda, Clarrinda, Eliza and Jain the sum of

twenty five dollars each one. Likewise, I do make

constitute, appoint my wife Grace and my son Alvin

to be my executors of this my last will and testament.

In witness whereof I have set and subscribed my name

and fixed my seal this twenty sixth day of October eighteen

hundred and sixty five. (Signed) John G. Myers [seal]

Witnesses D.W. Terrill

Daniel Potter (end of the will)

(copy and record of the testimony.)

the State of Ohio, Delaware County Ss

In the matter of the last will and testament of John G. Myers late

of Berlin Township deceased.

We Daiton W. Terrill and Daniel Potter being duly sworn

in open court this 23rd day of December A.D. 1865, depose and

say that we were present at the execution of the last

will and testament of John G. Myers of Berlin Township

hereto annexed that we heard said testator say he had sub=

=scribed said will, and heard him publish and declare the

same to be his last will and testament, and that the said testa=

=tor, at the time of executing the same was of full age, and

of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request and

in his presence and in the presence of each other.

(Signed) D.W. Terrill

Daniel Potter

Sworn to and subscribed before me in the Probate Court

this 26th day of December A.D. 1865.

T.W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 258)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 258)

Description

[page 258]

[corresponds to labeled page 226 of Will Records Vol. 4 - 1859-1869]

226

Record of the Will of Nathan Gorsuch decd. January 5th 1866.


Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the County of Delaware and State of

Ohio, at his office in the Town of Delaware on

the 5th day of January A.D. 1866.

This day the last will and testament of Nathan Gorsuch

late of Harlem Township in this county deceased, was pre-

-sented for probate and records. Thereupon Lyman B. Hanover

and Aaron Whitten the subscribing witnesses to the said will

came into court, and were duly sworn and examined, and

their testimony reduced to writing, and now annexed to the

will and filed therewith and it appearing to the court that

the said will was duly executed and attested, and that the

testator at the time of executing the same, was of full

age, and of sound mind and memory and not under any

restraint, whereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved

as the last will and testament of the said Nathan Gorsuch

decd. was ordered to be recorded as such.

(Copy and record of the will.)

In the name of the Benevolent Father of All. I Nathan

Gorsuch of Harlem Township Delaware County, Ohio, in view

of the certainty of death and the uncertainty of life do make

and publish this my last will and testament._____

Item 1st I desire that my just debts, funeral and all other

necessary expenses shall be paid out of my personal estate.

Item 2nd. I give, devise and bequeath unto my beloved

wife in lieu of her dower the farm on which I now

reside, containing about one hundred and twenty two acres

of land; also the entire household goods and furnature,

and two head of horses, being the two oldest horses, and all the cows,

and cattle on the farm, and fifty head of sheep to be selected by

her out of the ewes, and all the hogs on the farm, and the

two horse waggons and double harness and a colt two

years old last spring which I bought of Thurman Overturf _____

also south crib of corn and all the wheat, oats and other

grains that I have on hand and all the fire place and stove

wood, that is cut on the farm, and also a lot of shingles,

and the potatoes, and all other provisions provided for the use

of the family during her natural life.

Item 3rd. And at the death of my said wife, I devise that all

the foregoing described property and whatever there may be

real and personal shall be divided equally between all

my younger children including Douglass and all younger

than him.

Item 4th. I give and bequeath to my son Francis W. Gorsuch

the portion of the farm that I now own known Hoover

farm, that lies in Franklin County. Plain Township excep-

-ting about twenty one acres that was once owned by Jackson Fix.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 259)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 259)

Description

[page 259]

[corresponds to labeled page 227 of Will Records Vol. 4 - 1859-1869]

Record of the Will of Nathan Gorsuch decd. January 5th 1866.

227

Item 5th. I give devise and bequeath to my son Gary

P. Gorsuch the twenty one acres of land excepted in the

last mentioned item 4th; and also about fifty acres of land

that I own, being a portion of the farm formerly owned by

John Hanover deceased in Harlem Township Delaware County.

Item 6th. I desire that my friend David Gorsuch shall

take charge of and rent the farm described in item fourth

and fifth, and apply the proceeds of said farm to the payment

of a debt that I now owe which is not due, for said farm;

and if said claim is paid by the time that Francis W. Gorsuch

arrives to the age of twenty one, then said Francis W. have

possession of his portion; if not, to be rented until said

claim is paid; and I further desire that said David Gorsuch

shall continue to control and rent after said claim is paid;

the real estate described in Item 5th until my son Gary

shall arrive to the age of twenty one, and the proceeds

to go to the use of my family at home; and as soon as

Gary Gorsuch shall become of age then to have posses-

-sion of said estate.

Item 7th. I give and bequeath to my daughter Ellen Gorsuch

fifteen hundred dollars out of my personal estate.

Item 8th. The remainder of my personal estate after paying

the foregoing items specified, that my said wife shall have

five hundred dollars more to assist her in raising the

family if there should be so much, and if any more, then

the remainder to be equally divided between all my children.

Item 9th. I do hereby constitute and appoint David Gorsuch

executor of this my last will and testament.

And it is my fervent desire that my beloved wife shall ende-

-avor to keep the entire family together until they are grown and

settled in life; and hereby ernest request my two oldest children to

remain at home, to be kind and affectionate to each other, and

to the family; and that they all strive to live in peace. In testimony

whereof I have hereunto set my hand and seal this 30th day of November A.D. 1865.

Signed and acknowledged by the said (signed) Nathan Gorsuch (seal)

Nathan Gorsuch as his last will and testament in our presence

and signed by us in his presence this 30th day of November A.D. 1865.

(signed) Aaron Whitten

L. B. Hanover (end of the will.)

The State of Ohio, Delaware County, Ss. We Aaron Whitten and Lyman B. Hanover

being duly sworn in open court this 5th day of January A.D. 1866 depose and say that we were

present at the execution of the last will and testament of Nathan Gorsuch of Harlem Township

hereto annexed; that we saw the testator subscribe said will and heard him publish

and declare the same to be his last will and testament, and that the said testator at the time of

executing the same was of full age, and of sound mind and memory and not under any rest-

-raint and that we signed the same as witnesses at his request and in his presence, and

in the presence of each other. (signed) Lyman B. Hanover

Sworn to & subscribed before me in the Probate Court Aaron Whitten

this 5th day of January A.D. 1866 T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 260)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 260)

Description

[page 260]

[corresponds to labeled page 228 of Will Records Vol. 4 - 1859-1869]


228

Record of the will of Summer Harris January 27th 1866.


Proceedings had before Thomas W. Powell judge of Probate

Court in and for the county of Delaware and state of Ohio, at his

office in the Town of Delaware on the 27th day of January

A.D. 1866.

This day the last will and testament of Summer Harris

late of Berkshire Township decd. was presented to the court

for probate and record. Thereupon William B.Boyd and

Madison Poppleton the witnesses to the will came into

court, and were duly sworn and examined, and their testimony

reduced to writing, and now annexed to the will and filed therewith

and it appearing to the court that the said will was duly ex-

-ecuted and attested; and that the testator at the time of executing

the same was of full age and of sound mind and memory

and not under any restraint; thereupon this court upon

consideration thereof, orders that the said will be admitted

to probate as duly proved as the last will and testament

of the said Summer Harris Decd. and ordered to be recorded

as such.

Copy and Record of the will.

In the Name of the Benevolent Father of All.

I Summer Harris of the County of Delaware and State of Ohio,

do make and publish this my last will and testament.

Item 1st I give and devise to my beloved wife in lieu of her

dower one third of all my property both real and personal forever.

Item 2nd I give and devise to my two daughters Sarah Luellen

Furness and Clara Orvelle Harris the other two thirds of my property

the said Clara Orvelle receiving twelve hundred dollars more

than Sarah Luellen in lieu of what Sarah Luellen

has received.

Item 3rd I will and devise that at my decease all my pro-

-perty both real and personal be sold and converted into money

and after the payment of all my debts the money disposed of as

above devised.

Item 4th I do hereby nominate and appoint my old friend

Edward D. Howard of Columbus Executor of this my last will

and testament. (signed) Summer Harris (seal)

Signed and acknowledged by said Summer Harris

as his last will and testament in our presence.

and signed by us in his presence.

(Signed) William B. Boyd. (end of the

Madison Poppleton. will.)

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Summer Harris late of Berk-

-shire Township in said county decd.

We William B. Boyd and Madison Poppleton being duly sworn

in open court this 27th day of January A.D. 1866 depose and say

that we were present at the execution of the last will and testament

of Summer Harris of Berkshire Township hereto annexed;

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 261)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 261)

Description

[page 261]

[corresponds to labeled page 229 of Will Records Vol. 4 - 1859-1869


229


that we saw the said testator subscribe said will and heard

him publish and declare that same to be his last will and

testament, and that the said testator at the time of executing the

same was of full age, and of sound mind and memory, and

not under restraint, and that we signed the same as

witnesses at his request and in his presence and in

the presence of each other. (signed) Madison Poppleton

William B. Boyd

Sworn to and subscribed before me in the Probate Court this 24th

day of January A.D. 1866. T. W. Powell Probate Judge

__________ = __________


Record of the will of Augustus Curtis decd. January 29th, 1866.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and state

of Ohio at his office in the Town of Delaware on the

19th day of January A.D. 1866.

On the 4th day of December last the last will and testament

Of Augustus Curtis late of Genoa Township decd. was presented

to this court for probate and record; thereupon Nathan Dustin one

of the witnesses to the said will, appeared in court and was

duly sworn and examined, and his testimony reduced to

writing, and annexed thereto and filed therewith. This matter

was then continued for the appearance and testimony of the

other witnesses thereto. And afterwards on this day William

B. Boyd the other witness to the said will appeared in court

and was duly sworn and examined, and his testimony

reduced to writing annexed to the will and filed therewith

and it now appearing to the court that the said will was

duly executed and attested, and that the said testator at the time

of executing the same was of full age, and of sound

mind and memory and not under any restraint. Thereupon

the court upon consideration thereof, orders that the said

will be admitted to probate duly proved as the last

will and testament of the said Augustus Curtis decd. and

ordered to be recorded as such.

Copy and record of the will.

In the name of the Benevolent Father of all.

I, Augustus Curtis of Genoa Township, Delaware County

and State of Ohio, do make and publish this my last will and

testament: _____

First. I give and devise to my beloved wife in lieu of her

dower the homestead on which we now reside, situate

in Genoa Township on what is commonly called Yankie

Street, containing about seven acres; also about sixty

three acres of land in Harlem Township in aforesaid county

and State, being parts of lots 3 and 8 in the second quar-

-ter of said Township during her natural life; and all

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 262)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 262)

Description

[page 262]

[corresponds to labeled page 230 of Will Records Vol. 4 - 1859-1869]


230

Record of the will of Augustus Curtis January 19th, 1866.


and all the stock, household goods, furnature, provisions and

other goods and chattels which may be on both of said prem

-ises at the time of my decease, during her natural life

as aforesaid -- she however selling so much of the personal

property, and the proceeds of the real estate as may be

sufficient to pay my just debts, and will provide for her and

our two children, and for other purposes as she may think

best. At the death of my said wife, the real estate aforesaid

and such part of the said personal property or the proceeds

thereof, as may then remain unconsumed and unexpended,

I give and devise equally to our sons Newell Curtis and

our daughter Harriet W. Curtis and their heirs.

Secondly. I do hereby nominate and appoint my beloved

wife guardian of my son Newell Curtis until the said Newell

Curtis arrives at the age of twenty one years.

Thirdly. I do hereby nominate and appoint my beloved wife

executrix of this my last will and testament, hereby authorizing

and empowering her to compromise, adjust, release and dis-

-charge in such manner as she may deem proper the

debts and claims due me.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

and seal this twenty nineth day of October in the year of

our Lord one thousand eight hundred and sixty three.

(signed) A. Curtis

Signed and acknowledged by said Augustus Curtis

as his last will and testament in our presence,

and signed by us in his presence.

(signed) Nathan Dustin

William B. Boyd.

Copy and Record of the testimony.

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Augustus Curtis late of

Genoa Township deceased.

We Nathan Dustin and William B. Boyd being duly sworn in

open court this 4th day of December A.D. 1865, depose and say,

that we were present at the execution of the last will and testament

of Augustus Curtis of Genoa Township hereto annexed,

that we saw the said testator subscribe said will and heard him

publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same was

of full age, and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses at his request

and in his presence, and in the presence of each other.

Nathan Dustin sworn to etc Dec. 4th 165. signed Nathan Dustin

Wm. B. Boyd sworn etc January 29th/66. William B. Boyd

Sworn to and subscribed before me in the Probate Court this 29th day of January

A.D. 1866 T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 263)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 263)

Description

[page 263]

[corresponds to labeled page 231 of Will Records Vol. 4 - 1859-1869]


231

Record of the will of Bela G. Davis decd. January 31st 1866.


Proceedings had before Thomas W. Powell Judge of the

Probate Court, in and for the county of Delaware and state of Ohio

at his office in the town of Delaware on the 31st day of

January A.D. 1866.

This day the last will and testament of Bela G. Davis late of

Marlborough Township decd. was presented to the court for

probate and record. Thereupon Silas H. Cleveland and Harvey

Gillett, the witnesses to the said will, came into court, and were

duly sworn and examined, and their testimony reduced to writing

and now annexed to the said will and filed therewith. And it ap-

-pearing to the court that the said will was duly executed and attested

and that the testator at the time of executing the same was

of full age, and of sound mind and memory, and not under

any restraint; thereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved

as the last will and testament of the said Bela G. Davis decd.

and ordered to be recorded as such.

Copy and record of said will.

In the name of the Benevolent Father of all.

I Bela G. Davis do make and publish this my last

will and testament.

Item 1st. I give and bequeath to my beloved wife in lieu

of her dower all my estate real and personal while she

shall remain my widow, and all household goods and fur-

nature, provisions and other goods and chattels, which may be

left at my decease during her widowhood, she selling

so much thereof as will pay my just debts and funeral expenses.

Item 2nd. I do hereby nominate and appoint my beloved wife

executor of this my last will and testament. Hereby authorizing

and empowering her to compromise, adjust, release and discharge

in such manner as she may think best or proper the debts

due me. I do also authorize and empower her if shall become

necessary in order to pay my debts to sell at private sale so

much of my personal property as will pay those debts.

I desire that no appraisement and no sale of my personal

property be made, and that the court of Probate direct the

omission of the same in pursuance of the statute.

I do hereby revoke all former wills by me made.

In testimoney hereof I have hereunto my hand and seal this

21st day of December A.D. 1865.

Signed and acknowledged by said Bela G. Davis (signed) B. G. Davis (seal)

as his last will and testament _____

in our presence and signed by us in his

presence. (Signed) Silas H. Cleveland

Harvey Gillett. end of the will

(over for the testimony)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 264)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 264)

Description

[page 264]

[corresponds to labeled page 232 of Will Records Vol. 4 - 1859-1869]

232

Record of the Will of Bela G. Davis decd. January 31st 1866.

Record of the testimony.

The State of Ohio, Delaware County. Ss.

In the matter of the last will and testament of Bela G. Davis

late of Marlborough Township deceased.

We Silas H. Cleveland and Harvey Gillett being duly sworn

in open court this 31st day of January A.D. 1866, depose

and say, that we were present at the execution of the last

will and testament of Bela G. Davis of Marlborough Township

hereto annexed; that we saw the said testator subscribe the

said will and heard him publish and declare the same

to be his last will and testament, and that the said

testator at the time of executing the same was of full age, and of

sound mind and memory, and not under any restraint, and

that we signed the same as witnesses at his request, and

in his presence and in the presence of each other.

(signed) S. H. Cleveland

Harvey Gillett.

Sworn to and subscribed before me in the Probate Court

this 31st day of January A.D. 1866

T. W. Powell Probate judge.

__________ = __________


Record of the will of Henry Smith decd. January 31st 1866.

Proceedings heard before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of

Ohio, at his office in the Town of Delaware, on the 31st

day of January A.D. 1866.

On the 26th day of the present month, the last will and

testament of Henry Smith late of Marlborough Township

decd. was presented to this court for probate and record.

thereupon James F. Winterwute one of the witnesses subscribing

to the said will, came into court, and was duly sworn

and examined and his testimony reduced to writing

annexed to the will and filed therewith. This matter was then

continued for the testimony of the other witness. And now

on this day Silas H. Cleveland the other witness to the

said will, came into court, was duly sworn and examined

and his testimony reduced to writing, and annexed to the

will and filed therewith. Thereupon it appearing to the court

that the said will was duly executed and attested; and that the

said testator at the time of executing the same, was of sound

mind and memory, and not under any restraint, the court

upon consideration thereof, orders that the said will be admitted to

probate as the last will and testament of the said Henry Smith decd

and ordered to be recorded as such.

Copy and record of the will.

I Henry Smith of the County of Delaware in the

State of Ohio do make and publish this my last will and

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 265)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 265)

Description

[page 265]

[corresponds to labeled page 233 of Will Records Vol. 4 - 1859-1869]


233.

Records of the Will of Henry Smith decd. January 31st 1866.


testament in the manner and form following, that is to say: -

First. It is my will that my funeral expenses and all my

just debts be fully paid.

Second. I give, devise and bequeath to my beloved wife

Sabriny Smith all my estate, real and personal during her

natural life; she however first disposing of a sufficiency

thereof to pay my just debts as aforesaid. And at the death

of my said wife all the property hereby devised or bequeathed

to her as aforesaid or so much thereof as may there remain

unexpended to my three sons, Russell B. Smith, Jeremiah

W. Smith and Fletcher D. Smith and to their heirs and assigns forever.

Third. I give and devise to my oldest son Russell B. Smith

that part of my land leighing and being in Range nineteen

(19) Township six (6) Section two (2) Lot six (6) West of the Columbus and

Sandusky Turnpike.

Fourth. I give and devise to my second son Jeremiah

W. Smith, that part of my land leighing and being in Range

nineteen (19) Township six (6) Section half one (1/2 1. Lot

four (4)

Fifth. I give and devise to my third son Fletcher D. Smith

all the residue of my real estate, and all my personal

property that shall remain unexpended at the death of

my wife. And lastly I hereby constitute and appoint

my said wife Sabrina Smith and my said son Fletcher D.

Smith to be the executors for this my last will and testament

revoking and annulling all former wills by me made,

and ratify and confirm this and no other to be my last

will and testament.


In testimony whereof I have hereunto set my hand

and seal this fourth day of Feb. AD. 1865.

(signed) Henry Smith {seal}

Signed, published and declared by the above named

Henry Smith as and for his last will and testament

in presence of us, who at his request have

signed as witnesses to the same.

(Signed) S.H. Cleveland

Jas. F. Wintermute. End of the Will

(Record of the testimony) The State of Ohio, Delaware County. Ss.

In the matter of the last will and testament of Henry Smith of Marlborough Township decd.

We James F. Wintermute and Silas H. Cleveland being duly sworn in open court

this 26th day of January AD 1866, depose and say that we were present at the execution

of the last will and testament of Henry Smith of Marlborough Township hereto annexed;

that we saw the said testator subscribe said will, and heard him publish and declare

the same to be his last will & testament, and that the said testator at the time of executing

the same was of full age, and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses at his request and in his presence

and in the presence of each other. (Signed) Jas. F. Wintermute

Sworn to & subscribed before me in the Probate Court S. H. Cleveland

this 31st day of January AD 1866. T.W. Powell Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 266)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 266)

Description

[page 266]

[corresponds to labeled page 234 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Roswell Tuller March 8th 1866.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of Ohio,

at his office in the town of Delaware on the 8th day of

March A.D. 1866.

This day the last will and testament of Roswell Tuller late

of Liberty Township in this county deceased, was presented to the

Court for probate and record. Thereupon James R. Youel and

John W. clark witnesses to the said will came into court, and

were duly sworn and examined, and their testimony reduced

to writing, and now annexed to the said will and filed therewith,

and it appearing to the court that said will was duly executed

and attested, and that the testator at the time of executing

the same, was of full age, and of sound mind and memory

and not acting under any restraint; thereupon the

court, upon consideration thereof, orders that the said

will be admitted to probate as the last will and testament

of the said Roswell Tuller decd. and ordered to be recorded

as such; to wit: -

Copy of the Will.

In the name of the Benevolent Father of All.

I Roswell Tuller of Liberty Township Delaware Co.

do make and publish this my last will and testament

Item 1st. I give and devise to my beloved wife in lieu of

her dower a part of the farm on which we live commencing

at the south east corner of said farm running west 60 rods

parallel with the east and west county road; thence north about

38 rods to a lane in the said farm; thence west to the

Section line; thence north to land owned by E. Night; thence

east to land owned by J. M. Standish; thence south about

20 rods; thence east to the north and south county roads; thence

South to the place of beginning; containing about fifty

acres of land during her natural life. At the death

of my said wife the real estate aforesaid I give and devise

to my son Edgar P. Tuller and his heirs.

Item 2nd. I also give all my household goods and chattels

stock, furnature, provisions and other goods and chattels,

which may be thereon at the time of my decease to my

wife -

Item 3rd. I devise and bequeath to my son Alvin Tuller

the sum of fifty dollars.

Item 4th. I devise and bequeath to my son Homer Tuller the

sum of fifty dollars.

Item 5th. I give and bequeath to my daughter Cynthia M.

Parks the sum of fifty dollars.

Item 6th. I give and bequeath to my daughter Martha L.

Standish the sum of two hundred dollars.

Item 7th. I give and bequeath to my daughter Lydia L.

Freshwater the sum of two hundred dollars.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 267)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 267)

Description

[page 267]

[corresponds to labeled page 235 of Will Records Vol. 4 - 1859-1869]


235.

Record of the Will of Roswell Tuller decd. March 8th 1866.


Item 8th. I give and bequeath unto my grand daughter

Georgia Tuller the sum of fifty dollars.

Item 9th. I give and bequeath all my farming uten=

-sils, wagon, the residue of my land and all other property

to my son Edgar P. Tuller - the said Edgar P. Tuller to pay

my funeral expenses; and pay the balance of my children

the said sums herein bequeath to them.

Item 10th I do hereby nominate and appoint my sons Alvin

Tuller and Edgar P. Tuller executor of this my last will and

testament; hereby authorizing them to compromise, adjust

release and discharge in such manner as they may

deem proper the debts and claims due me.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 28th day of November in the year 1865.

Signed and acknowledged by said (Signed) Roswell Tuller

Roswell Tuller as his last will and testament

in our presence and signed by us in

his presence (signed) James R. Youel

John W. Clark.

Record of the testimony: _____

The State of Ohio, Delaware County. Ss.

In the matter of the last will and testament of Roswell Tuller late

of Liberty Township deceased.

We James R. Youel and John W. Clark being duly

sworn in open court this 8th day of March A.D. 1866. depose

and say, that we were present at the execution of the last

will and testament of Roswell Tuller of Liberty Township hereto

annexed; that we saw the said testator subscribe said will, and

heard him publish and declare the same to be his last will and

testament, and that the said testator at the time of executing

the same was of full age, and of sound mind and memory

and not under any restraint, and that we signed the same

as witnesses at his request and in his presence and in the

presence of each other. (signed) James A. Youel

John B. Clark

Sworn to and subscribed before me in the Probate Court this

8th day of March A.D. 1866 T. W. Powell Probate Judge.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 268)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 268)

Description

[page 268]

[corresponds to labeled page 236 of Will Records Vol. 4 - 1859-1869]


236

Record of the will of Andrew Caldwell decd. March 12th 1866.


Proceedings had before Thomas W. Powell judge of the Probate

Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware, on this 12th day

of March A.D. 1866.

This day the last will and testament of Andrew Caldwell

late of Trenton Township in the county was presented for

probate and record. Thereupon Thomas M. Cole and Samuel

Barcus the witnesses to the said will came into court, and

were duly sworn and examined, and their testimony reduced

to writing, and now annexed to the will and filed therewith; and

it appearing to the court that the said will was duly executed

and attested, and that the said testator at the time of executing

the same, was of full age, and of sound mind and memory

and not under any restraint; thereupon the court upon con-

-sideration thereof, orders that the said will be admitted to probate

as the last will and testament of the said Andrew Caldwell

decd. and ordered to be recorded as such.

Copy and record of the will: _____

In the name of the Benevolent Father of All.

I Andrew Caldwell of Trenton Township, Delaware County, Ohio,

in view of the uncertainty of life and the certainty of death

do hereby make and publish this my last will and testament.

Item 1st. I desire that all my just debts, funeral and all other

necessary expenses to be paid out of my personal estate.

Item 2nd. I give and bequeath to my beloved wife in lieu of

her dower, the farm on which I now reside, containing

about eighty four acres; and also fifteen aces of woods

land off of the north part of the tract of forty five acres -

that was deeded by Joseph Jacobus and wife to Andrew Caldwell

and also the entire household goods and eight hundred dollars

in money during her natural life; and at the death of my

said wife, mention in the property in the foregoing items fall to Joseph A. Cald-

-well my son.

Item 3rd. I give and bequeath to my son Jesse Caldwell a certain

tract of land deeded by Squire Wheaton and wife to Andrew

Caldwell containing ninety four acres and one hundred and

four rods as described in said deed.

Item 4th. I give and bequeath to my daughter Mary Jane Frank

the west half of a certain tract of land deeded by Isaac Meridith

to Alexander Caldwell containing ninety four acres more

or less, during her natural life and at her death to fall to her

son Andrew C. Franks.

Item 5th. I give and bequeath to my son James Caldwell the

east half of the above described tract in the last mentioned item.

Item 6th. I give and bequeath to my son Alexandria Cald-

-well the remaining thirty acres of land belonging to the forty

five acre tract mentioned in item record.

Item 7th. I give and bequeath to my son Thomas Caldwell

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 269)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 269)

Description

[page 269]

[corresponds to labeled page 237 of Will Records Vol. 4 - 1859-1869]


237

Record of the will of Andrew Caldwell decd. March 12th 1866.


my claim against him and also ten dollars in money.

Item 8th. I give and to my son Joseph A. Caldwell fifteen

hundred dollars out of my personal property.

item 9th The remaining portion of my personal property after

the foregoing items, I desire to be equally divided between

my two sons James A. Caldwell, Alexandra Caldwell

and my daughter Mary Jane Franks.

Item 10th. I do hereby nominate and appoint Lyman B.

Hanover of Harlem Tp. executor of this my last will and

testament.

Item 11th. I do hereby revoke all former wills made by me.

October 27th A.D. 1865. (Signed) Andrew Caldwell (seal)

Signed and acknowledged by the said Andrew Caldwell

as his last will and testament in our presents, and

signed by us in his presents this 27th day of October 1865 (end of the will)

Signed T. M. Cole

Samuel Barcus.

Record of the testimony.

The State of Ohio, Delaware County, Ss.

In the matter of the last will and testament of Andrew Caldwell of

Trenton Township deceased.

We Thomas M. Cole and Samuel Barcus being duly sworn

in open court this 12th day of March A.D. 1866, depose and say

that we were present at the execution of the last will and testament

of Andrew Caldwell of Trenton Township hereto annexed; that

we saw the said testator subscribe the said will; and heard

him publish and declare the same to be his last will and

testament, and that the said testator at the time of executing

the same was of full age, and of sound mind and memory, and

not under any restraint; and that we signed the same as

witnesses at his request and in his presence and in the pres-

-sence of each other.

(Signed) T. M. Cole

Samuel Barcus

Sworn to and subscribed before me in the Probate Court this

12th day of March A.D. 1866.

T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 270)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 270)

Description

[page 270]

[corresponds to labeled page 238 of Will Records Vol. 4 - 1859-1869]


238

Record of the will of Hugh M. Stephen decd. March 29th 1866.


Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the said County of Delaware in the

State of Ohio at his office in the Town of Delaware

on the 29th day of March A.D. 1866.

This day the last will and testament of Hugh M. Stephen

late of the said county decd. was presented to the court for

probate and record. Thereupon Abraham Trop and William

E. Kirk, subscribing witnesses to the said will came into

court, and were duly sworn and examined, and this testi-

-mony reduced to writing, and now annexed to the said

will and filed therewith, and it appearing to the court that

the said will was duly executed and attested, and that the said

testator at the time of executing the same was of full

age, and of sound mind and memory and not under

any restraint. Thereupon the court, whose consider-

-ation thereof, orders that the said will be admitted to

probate as the last will and testament of the said Hugh

M. Stephen decd. and ordered to be recorded as such.

Copy and record of the will; to wit: _____

In the name of the Father of All Men. I Hugh M. Stephen

of the county of Delaware and State of Ohio, do make, publish

and declare the following to be my last will and testament.

Item 1st. After all my debts is paid and fully discharged, I will to my

sisters Mary Palmer and Nancy Crawford each an equal share

of the rents of the house and lot in the town of Fairfield in the county

of Greene and State of Ohio, until property is sold, after sale

of the said property they are to have the interest of the amount

for which the said property sells, (taxes and other expenses excepted)

during their natural lives, or each of them one half of the

said rents or interest during their life.

Item 2nd. I will and hereby appropriate the sum of one thousand

dollars for the purpose of erecting suitable monuments to the

graves of my father, mother, myself, wife & child in the graveyard

on Bokes creek, Delaware County, Ohio; the amount of each said mon-

-ument to be taken from the fund obtained from the sale of the

lot in Fairfield (above mentioned) and erected after the death of my two

sisters: should either, or both of my sisters at their decease be buried

at said grave yard; then suitable lettering may be made on the same

monuments including them with their father and mother.

Item 3rd I will to Mary and Martha Kirkwood each two hundred-fifty

dollars. To Joseph Stephen, Wm. F. Stephen to George Stephen each two hun-

-dred fifty dollars. To Josephene Crawford two hundred and fifty dollars.

To Stephen Crawford fifty dollars, To Martha Rose two hundred dollars

to be paid to them after the settlement of my estate.

Item 4th. I will and bequeath to Marsh Rose my gold watch. Also

to Joseph Stephen all my clothing to be delivered at any time

after my decease without appraisement.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 271)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 271)

Description

[page 271]

[corresponds to labeled page 239 of Will Records Vol. 4 - 1859-1869]

239

Record of the will of Hugh M. Stephen decd. March 29th 1866.


Item 5th. After the payment of the foregoing bequests the remainder

of my estate shall be equally divided between the heirs of my

brother Z. Stephen & my sisters Mary Palmer and Nancy Crawford.

Item 6th. I hereby appoint Wm. M. Barren executor of this my last

will and testament authorizing and empowering him to compromise,

adjust, release & discharge in such manner as he may deem

proper any debts and claims due me. I do further authorise

and empower him to sell at private sale, upon such terms of

credit as he may think proper, (for the interest of the estate) the house

and lot in Fairfield, Greene County, Ohio, and deed or deeds to purchas-

-ers to execute, acknowledge and deliver in the fee simple. I hereby give

to said executor the term of twelve years - or at the death of my

sisters on, and thereafter until the death of my two sisters to settle

my estate, authorizing him to loan any money which which may

come in to his hands from time to time until my estate may be

settled & the legacies paid off, to Alford Rose of Delaware Co. Ohio,

at 6 percent per annum, or to invest in other surities in case

the said Rose refuses to take the same.

In testimony hereof I have hereunto set my hand and seal this 14th

day of March 1866. (signed) H. M. Stephen (seal)

witnesses (signed) A. Trop.

Wm. E. Kirk (end of the will.)

Record of the testimony.

The State of Ohio, Delaware County, Ss.



In the matter of the last will and testament of Hugh M. Stephen late of Sciota

Township, deceased.

We Abraham Trop and William E. Kirk being duly sworn in

open court this 29th day of March A.D. 1866, depose and say, that we

were present at the execution of the last will and testament of Hugh

M. Stephen of Sciota Township, hereto annexed; that we saw the same

testator subscribe said will and heard him publish and declare

the same to be his last will and testament, and that the said testator

at the time of executing the same was of full age, and of sound mind

and memory, and not under any restraint, and that we signed the same

as witnessed at his request and in his presence and in the presence of

each other. (signed) Abraham Trop

Wm. E. Kirk

Sworn to and subscribed before me in Probate Court this 29th

day of March A.D. 1866. T. W. Powell, Probate Judge.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 272)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 272)

Description

[page 272]

[corresponds to labeled page 240 of Will Records Vol. 4 - 1859-1869]

240

Record of the will of Orson N. Cummins decd. April 7th, 1866.


Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the County of Delaware and State of

Ohio at his office in the Town of Delaware on the 7th

day of April A.D. 1866.

This day the last will and testament of Orson N. Cummins

late of Orange Township in this county deceased was pre-

-sented for probate and record. Thereupon Robert L. Armstrong

and Gustavus Elsbree, subscribing witnesses to the said will came

into court, and were duly sworn and examined, and their

testimony reduced to writing, and now annexed thereto and

filed therewith; and it appearing to the court that the said

will was duly executed and attested, and that the testator at

the time of executing the same was of full age and of

sound mind and memory and not under any restraint.

Thereupon the court upon consideration thereof orders

that the said will be admitted to probate as the last will

and testament of the said Orson N. Cummings decd. and ordered

to be recorded as such.

Copy and record of the will, to wit: _____

In the name of the Benevolent Father of All.

I, Orson N. Cummins of Orange do make and publish this

my last will and testament.

Item 1st. I give and devise to my beloved brother John Francis

Cummins the undivided one half (1/2) of the farm on which

he now lives, which we bought of Wm. Bardsley, situated in Orange

Township Delaware County Ohio: Also the undivided one half

(1/2) of the farm which was willed to us by our father John

Cummins: ___ Also the undivided one half of the personal

property; except seventy five dollars ($75.) which is to be

otherwise disposed of.

Item 2nd. I give and devise to my nephew Albert Evans twenty

five dollars ($25) to be paid out of the undivided one half of the

personal property, when he arrives at the age of twenty one years

(21).

Item 3rd. I give and devise to my nephew John Evans twenty

five dollars (25$) to be paid out of the undivided one half of the

personal property, when he arrives at the age of twenty one years (21.).

Item 4th. I give and devise to my nephew Lovina A. Evans twenty

five dollars (25$) to be paid out of the undivided one half of the personal

property when he arrives at the age of eighteen years (18.).

Item 5th. I do hereby nominate and appoint John T. Cummins

and George F. Elsbree executors of this my last will and testament

hereby authorizing and empowering them to compromise, adjust

release and discharge in such manner as they may deem

proper, the debts and claims due me. I do also authorize and

empower them, if it shall become necessary in order to pay

my debts, to sell by private sale, or in such manner, upon such

terms of credit or otherwise as they may think proper, all or any

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 273)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 273)

Description

[page 273]

[corresponds to labeled page 241 of Will Records Vol. 4 - 1859-1869]

241

Record of the Will of Orsen M. Cummins decd. April 7th 1866.

part of my real estate, and deeds to purchasers to execute ackno-

-wledge and deliver in fee simple. I desire that no appraisement

and no sale of my personal property be made; and that the court

of probate direct the omission of the same in pursuance of the

statute. I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 14th day of March in the year one thousand eight hundred

and sixty six. (1866.) (signed) Orson N. Cummins (seal)

Signed and acknowledged by said Orson N. Cummins

as his last will and testament in our presents; and

singed by us in his presents. (signed) Robert S. Armstrong

Gustavus Elsbree (end of the will)

(Record of the testimony.)

The State of Ohio, Delaware County, Ss.

In the matter of the last will and testament of Orson N. Cummins late

of Orange Township deceased.

We Robert S. Armstrong and Gustavus Elsbree being duly sworn

in open court this 7th day of April A.D. 1866, depose and say that

we were present at the execution of the last will and testament of Orson

N. Cummins of Orange Township hereto annexed; that we saw the

said testator subscribe said will and heard him publish and declare

the same to be his last will and testament, and that the said testator

at the time of executing the same was of full age, and of sound mind

and memory, and not under any restraint; and that we signed the

same as witnesses at his request and in his presence and in

the presence of each other. (signed) R. S. Armstrong

Gustavus Elsbree.

Sworn to and subscribed before me in Probate Court this 7th day of

April A.D. 1866 T. W. Powell Probate Judge

__________ = __________


Record of the will of Titus Knox decd. April 10th 1866.

Proceedings had before Thomas W. Powell judge of the Probate Court

in and for the county of Delaware and State of Ohio, at his office in

the Town of Delaware on the 10th day of April A.D. 1866.

This day the last will and testament of Titus Knox late

of this county decd. was presented for probate and record.

Thereupon George W. Perfect came in to court, he being one

of the subscribing witnesses to the said will, who being duly sworn

and examined, and his testimony reduced to writing, and annexed

to the will and filed therewith: and it appearing that Walter N.

Wyeth the other witness to the will being absent out of the

county, to wit, in Morgan County, Ohio; On motion it is ordered

that a Commission issue with the will annexed, to the Probate

judge of the said county of Morgan to take the testimony

of said Walter N. Wyeth said other witness to the said will, as to

the execution and attestation thereof. And this matter is continued

for the return of said commission and for further consideration. T. W. Powell Pro judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 274)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 274)

Description

[page 274]

[corresponds to labeled page 242 of Will Records Vol. 4 - 1859-1869]

242

Record of the Will of Titus Knox. April 10th 1866.

And afterwards to wit; on the 3rd day of May A.D. 1866.

the following journal entry and proceedings were heard, to wit: _____

This day the commission issued in this case to the Probate

Judge of Morgan County to take the testimony of Walter

N. Wyeth (the subscribing witness etc.) was returned duly executed,

with the testimony of said Wyeth duly reduced to writing annexed

thereto. And it now appearing to the court that the said will

was duly executed and attested; and that the testator at the time

of executing the same was of full age and of sound

mind and memory, and not under any restraint; the court

upon consideration thereof orders that the said will be

admitted to probate and duly proven as the last will and

testament of the said Titus Knox decd. and ordered to be

recorded as such.

Copy and record of the will; to wit: _____

Will and testament of Titus Knox resident of Trenton

township, Delaware Co. Ohio.

I, Titus Knox being of sound and disposing mind, calling

to mind the frailty and uncertainty of human life; and being

desirous of settling my worldly affairs; and directing how the

estates with which it has pleased God to bless me shall be

disposed of after my decease, while I have strength

and capacity so to do: _____ do make and publish this my last

will and testament.

In primis. My will is that all my just debts and funeral charges

shall, by my executors hereinafter named, be paid out of my

estate as soon after my decease as shall by them be found

convenient.

Item. I ordain that Amelia S. Knox widow of my son Samuel

M. Knox shall have from my estate the avails or interest

of five hundred dollars ($500)____ the principal thereof to

be held by my son Alanson Knox, (to whom said amount

shall be paid by the executors) who shall pay to said Amelia

S. Knox quarterly i.e. four times in each year, during her

widowhood the full value of said principal during the time

in which it is so holden. After her decease, or in case she

should marry, the said five hundred dollars shall be returned

by the holder to my estate.

Item. After the provisions hereinbefore mentioned shall have

been duly executed, I will that all the rest and residue of my

earthly possessions whatsoever and wheresoever, of which nature,

kind and quality soever, be equally divided to and among

my children -- five sons, viz; Alauson, John, William

Lewis and Orrin; and three daughters, Lucinda, Catharine

and Laura - each one by this provision receiving one

eighth of said residue.

Item. I desire to buried in the church yard at Sunbury

by the side of the remains of my wife, in such style

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 275)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 275)

Description

[page 275]

[corresponds to labeled page 243 of Will Records Vol. 4 - 1859-1869]

Record of the Will of Titus Knox April 10th 1866.
243


and manner as my children shall think proper.

Lastly. I do hereby constitute and appoint my sons Alanson

Knox and John Knox executors of this my last will and

testament.

In witness whereof I have hereunto set my hand and

seal this fifth day of June in the year of our Lord one

thousand eight hundred and sixty two.

(Signed) Titus Knox. {Seal}

The above instrument consisting of two pages was now here

subscribed by Titus Knox the testator in the presence of each

of us; and was at the same time declared by him to be his

last will and testament; and we, at his request, sign our

names hereto as attesting witnesses.

(signed) G. W. Perfect residing at Sunbury, Del. Co.

Walter N. Wyeth residing at Sunbury Del. Co. Ohio.

(End of will.)

Record of the testimony for.

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Titus Knox late of Trenton

Township deceased.

I, George W. Perfect, being duly sworn in open court this

10th day of April A.D. 1866 depose and say that we (myself and Walter

N. Wyeth) were present at the execution of the last will and testament

of Titus Knox of Trenton Township hereto annexed; that we saw

the said testator subscribe said will and heard him publish and

declare the same to be his last will and testament, and that the

said testator at the time of executing the same was of full

age, and of sound mind and memory, and not under any

restraint; and that we signed the same as witnesses at his request

and in his presence and in the presence of each other.

(signed) G. W. Perfect.

Sworn to and subscribed before me in the Probate Court this 10th

day of April A.D. 1866. T. W. Powell Pro. Judge.

(Record of the commission issued in this case, to wit: _____)

The State of Ohio, Delaware County Ss.

In the Probate Court.

To the Probate Judge of Morgan County, Ohio. Greeting.

The undersigned Thomas W. Powell judge of the Probate Court

in and for the said county of Delaware; hereby constitute and appoint

you commissioner with full power and authority to take the

testimony of Walter N. Wyeth, (now of your county) one of the witnesses

to the last will and testament of Titus Knox decd. hereto annexed;

and to the execution and attestation thereof; and reduce his testimony

to writing; upon his solemn oath, which you will in due

form of law administer to him. And the testimony so reduced

to writing, together with the said will you will in due form in-

-close under your seal directed to this court. For so doing

this shall be your commission and authority.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 276)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 276)

Description

[page 276]

[corresponds to labeled page 244 of Will Records Vol. 4 - 1859-1869]


244


Record of the will of Titus Knox decd. April 10th 1866.

(L.S.) In testimony whereof I have hereunto set my

hand and affixed the seal of the said Probate

Court, at Delaware, Ohio; this 11th day of

April 1866 (signed) T. W. Powell Probate Judge.

(Record of the return thereto.)

The undersigned David C. Pinkerton Judge of the Probate Court

in and for the County of Morgan and State of Ohio, hereby certify

that in the pursuance of the within commission he has taken

the testimony of the said Walter N. Wyeth as to the execution and

attestation of the said will of Titus Knox decd. and reduced

the same to writing and hereto annexed. And now here-

-with inclosed and sealed up, and directed to the said Judge

of the Probate Court for Delaware County, Delaware, Ohio.

(L.S.) In testimony whereof I have hereunto set my hand

and the seal of said court this 13th day of April

A.D. 1866. (signed) David C. Pinkerton

Probate Judge of Morgan County, Ohio

The State of Ohio, Delaware County, Ss.

In the matter of the last will and testament of Titus Knox late

of Trenton Township, deceased.

I, Walter N. Wyeth being duly sworn in open court of the Probate

Judge of Morgan County, Ohio; this 13th day of April A.D. 1866,

depose and say that we, this witness and George W. Perfect, were present at

the execution of the last will and testament of Titus Knox of Trenton

Township hereto annexed; that we saw the said testator subscribe

said will and heard him publish and declare the same to be his

last will and testament and that the said testator at the time of

executing the same was of full age and of sound mind and

memory, and not under any restraint, and that we signed the

same as witnesses at his request and in his presence, and in

the presence of each other and I further say.

(signed) Walter N. Wyeth

Sworn to and subscribed before me in the Probate Court this 13th

day of April A.D. 1866. (signed) David C. Pinkerton

Probate Judge, Morgan County, Ohio

The End of this will of record.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 277)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 277)

Description

[page 277]

[corresponds to labeled page 245 of Will Records Vol. 4 - 1859-1869]



245

Record of the will of George W. Finley decd. April 14th 1866.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of

Ohio at his office in the town of Delaware on the 14th

day of April A.D. 1866.

This day the Nuncucative Will of George W. Finley were pre-

-sented in open court, and was duly proved by the testimony of

Henry R. Finefrock and Lezzie Jones who being duly sworn

and examined, and their testimony reduced to writing, annexed

to and filed with the said will. And it appearing to the court that

on the 6th day of the present month the said George W. Finley

made his verbal will, and that the witnesses were then

called upon by the said George W. Finley in his presence and in

the presence of each other, at his residence in Radnor

Township, during his last sickness to hear testimony of his

testamentary words as his last will and that the said testator

was then of sound mind and memory; and it further appears

that the said testator died on the next day; and that the said

testamentary words were then and there immediately after

the speaking thereof, reduced to writing and now subscribed

by them. Thereupon upon consideration thereof the courts orders

that the said verbal and Nuncupative will be admitted to

probate as the last will and testament of the said George W. Finley

decd. and ordered to be recorded as such.

(Copy and record of the will.)

In the name of the Benevolent Father of All.

I, George W. Finley of Radnor township in the county of

Delaware and State of Ohio, do make and publish this

my last will and testament.

Item 1st. I give, devise and bequeath to my beloved wife

Angelina Finley all my personal property of all descriptions and

all my real estate situate in the Radnor Township of Delaware

County, of the State of Ohio, containing two hundred and sixty six

acres more or less so long as she remains my widow,

to have, to hold and control for her benefit and support, and

the proper support, education and benefit of my four daugh-

-ters, sig: Ellen Adelpha, Olive Ann, Carrie Belle and Mary Vale,

as either of them remain in single life.

Item 2nd. If my beloved wife intermarries and thus no longer

remains my widow, or at the close of her natural life, I give

devise and bequeath to each of my four daughters Ellen Adelphia,

Olive Ann, Carrie Belle, and Mary Vale and their heirs each

an equal share of both my personal and real property as

above described, unless either of the above named daugthers

should prove to be or should become of a more feeble

and delicate constitution than the others or in any way

be crippled, in either of which cases I give, devise and

bequeath to the child who shall be this feeble or crippled

a sufficiency of my property as above described over

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 278)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 278)

Description

[page 278]

[corresponds to labeled page 246 of Will Records Vol. 4 - 1859-1869]


246


Record of the Will of George W. Finley decd. April 14th 1866.


and an equal share with the others to provide for

such child a liberal education.

Item 3rd. I authorize and request my beloved wife to pay

all my just and legal debts from moneys now in my

possession or forth coming upon demand. also to collect

release and discharge in such manner as she may

deem proper all debts and claims due me.

Item 4th. I do hereby nominate and appoint my beloved

wife guardian of my four daughters Ellen Adelphia,

Olive Ann, Carrie Belle and Mary Vale until said

daughters arrive at legal age or intermarry; and do

enjoin upon her to give my said daughters a good

liberal education and to rear them in habits of industry

and inculiate upon them, as far as may be, Christian

faith and charity. I desire that no appraisement and

no sale of my personal property or real estate be made,

and that the court of probate direct the omission of the same

in pursuance of the statute. I do hereby revoke all former

wills by me made.

In testimony hereof I have hereunto set my hand

and seal, this 6th day of April in the year 1866.

Signed and acknowleged by said George W. Finley as his last

will and testament in our presence and signed by us in his

presence.

Signed by the undersigned as witnesses this 14th day of April 1866.

(signed) Henry R. Finefrock,

Lizzie Jones.

The State of Ohio

Delaware County Ss. In the Probate Court.


In the matter of the nuncupative, and last will and testament of

George W. Finley late of Radnor Township in this county decd.

Henry R. Finefrock and Lizzie Jones being duly sworn in

open court on this 14th day of April 1866, upon their respect-

-ive oathes depose and say that on the 6th day of the present

month they these witnesses were at the residence of the said

George W. Finley then in his life time. That he was there in

his last sickness and not expected long to live; that said Finley

then was there declared that he desired to make his will; that he

called on his wife Angelina Finley to notice what his will and

disposition of his property was, and said that he wished there wit-

-nesses to witness the same; and desire one of these witnesses

said Henry R. Finefrock to write the same so that he could sign

the same; which the said last name witness these and there

did reduce the same to writing just as the said Finley de-

-clared his will and disposition of his property to be. When the

same was so reduced to writing, the said George W. Finley had a sink-

ing spell, and became unconscious and unable to execute

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 279)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 279)

Description

[page 279]

[corresponds to labeled page 247 of Will Records Vol. 4 - 1859-1869]


247


his will, except as a verbal or nuncupative will.

This was about the hour of five o'clock P.M. of the said

6th day of April, and the new testator remained in his

sinking spell and unconciousness until about five

o'clock in the morning of the next day, when he died.

That the testator at the time he so declared and made his known

his will and disposition of his property was about forty five

years of age; of sound mind and memory, well capable of

making his will, and was free and not acting under any

restraint, until after he had so declared his will. the same was

then and there so reduced to writing just as he declared his

will and disposition of his property to be; and we afterwards

on this day signed the same as witnesses, which is the

same now hereto annexed, as the said will; and further

say not. (Signed.) Henry R. Finefrock

Lizzie Jones

Sworn to and subscribed before me in open court this

14th day of April A.D. 1866. T.W. Powell Probate Judge

__________ = __________

Record of the nuncupative will of Albert D. Dunham.

Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the County of Delaware and State

of Ohio, at his office in the town of Delaware on the

10th day of April A.D. 1866.

On the 7th day of February last the nuncupative will of

Albert D. Dunham late of Thompson Township decd. was

presented for probate and record. The testimony of william

J. Peet one of the witnesses was then taken and reduced to

writing etc, and now Lewis Lake the other witness thereto

appears and his testimony being taken and reduced to

writing; and it now appearing that the said will was duly

made and reduced to writing within the time required

by the statute, as stated in the said depositions. It is therefore

ordered that the said will be admitted to probate as duly

proved; and that the same and the despositions be recorded

as the nuncupative will of the said Dunham.

(Copy and record of the will &c.)

December 25th, 1865

I, Albert D. Dunham: ___ First it is my will that my just

debts and all charges he paid out of my estate. I give and devise

all the residue of my estate to Polly Decker to be her and

her heirs forever. I appoint and make the said Polly Decker

executrix of this my last will and testament. I do also author-

-ize and empower her Polly Decker if it shall become neces-

-sary in order to pay my debts my debts to sell by private

sale, or in such manner upon such terms of credit, or

otherwise, as the Polly Decker may think proper, all or any
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 280)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 280)

Description

[page 280]

[corresponds to labeled page 248 of Will Records Vol. 4 - 1859-1869]


248.


Record of the will of Albert D. Dunham decd. April 10th 1866.


part of my property to pay my debts; I desire that no ap-

-praisement and no sale of any property be made. I do hereby

revoke all former wills by me made.

The above statement made by Albert D. Dunham in our

hearing, Dec. 17th 1865 (Signed) Wm. J. Peet

Lewis Lake

The State of Ohio

Delaware County, Ss. In the Probate Court

On this 7th day of February A.D. 1866 William J. Peet

and Lewis Lake came into court, and were duly sworn and

examined, and on their respective oaths say and declare

that on the 17th day of December last, (1865.) they were (that

is William J. Peet and Lewis Lake) called upon by Albert D.

Dunham at his residence at Polly Decker, his home in Thom-

-pson Township in this county, while in his presence and

in the presence of each other, to hear testimony to his will

and disposition of his property, as he was then in his last sick-

-ness and not expected to live, that he was then in sound mind

and memory, and not under any restraint. That said Albert

D. Dunham died the next day. That at the time we were so

called upon, said Albert D. Dunham stated his said will and

disposition aforesaid was just as stated in the annexed paper

by us signed as the said will, which was reduced to writing on the

25th day of December aforesaid, within eight days of our

being so called upon as aforesaid - which was so reduced to writing

by William J. Peet, and then by us respectively signed as such wit-

nesses, now hereto annexed as such will.

(signed) Wm. J. Peet

Lewis Lake

Sworn to and subscribed by William J. Peet on the 7th day of Feb-

ruary A.D. 1866 and by Lewis Lake on the 10th day of April

1866. T.W. Powell Probate Judge

__________ = __________


Record of the will of Sidney Moore decd. April 30th 1866.

Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware on the 30th day

of April A.D. 1866.

This day the last will and testament of Sidney Moore decd. was

presented for probate and record. Thereupon Oren H. Newton and

Dudley W. Rhodes, the subscribing witnesses thereto, appeared in court

and were duly sworn and examined; and their testimony reduced

to writing and now annexed to the said will, and filed therewith

and it appearing to the court that the said will was duly executed

and attested; and that the said testator at the time of executing

the same was of full age, and of sound mind and memory and not under

any restraint; thereupon the court upon consideration

thereof, orders that that the said will be admitted to probate
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 281)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 281)

Description

[page 281]

[corresponds to labeled page 249 of Will Records Vol. 4 - 1859-1869]



249


as duly proved as the last will and testament of the said

Sidney Moore decd.; and ordered to be recorded as such.

(Copy and record of the will.)

In the name of the Benevolent Father of All.

I, Sidney Moore of Delaware Township, Delaware County and

State of Ohio, do make and publish this my last will and

testament. I give and devise to my beloved wife, the lot on

which we now reside situated in the village of Delaware

and now designated on the plat of the said town as one hundred

and three, in said town of Delaware, Delaware County, State of

Ohio during her natural life or so long as she remains my

widow; and all the household goods and furnature belonging to

us, during her natural life as aforesaid; and also the dividends

arising from my Railroad and Government stocks at her

disposal with advice of one or both of our sons; and at her

death as aforesaid, I give and devise to my daughter Emily

Stowe, two hundred dollars in either railroad or Government stocks;

and to my two sons Sidney and William E. Moore the balance of

my real and personal property to be equally divided between

them after paying all my just debts and funeral expenses; and if

it should be necessary to have an executor appointed, I should

prefer Sidney our oldest son.

In testimony hereof I have hereunto set my hand and seal

this 7th day of April 1866. (signed) Sidney Moore (seal)

Signed and acknowledged by said Sidney Moore as his

last will and testament in our presence and signed by us

in his presence. (signed) Oren M. Newton

D. W. Rhodes.

We certify that the above alterations and erasures were made

previous to our witnessing the above - previous to his signing the same.

(signed) D. W. Rhodes

O. M. Newton (end of the will.)

The State of Ohio Delaware County Ss.

In the matter of the last will and testament of Sidney Moore of Delaware

Township in said county deceased.

We Dudley W. Rhodes and Oren M. Newton being duly sworn in open

court this 30th day of April A.D. 1866 depose and say that we were present at

the execution of the last will and testament of Sidney Moore of

Delaware Township hereto annexed; that we saw the said testator

subscribe said will and heard him publish and declare the same

to be his last will and testament, and that the said testator at the time

of executing the same was of full age, and of sound mind and memory

and not under any restraint; and that we signed the same as wit-

-nessed at his request and in his presence and in the presence of each

other. (signed) Oren M. Newton

D. W. Rhodes

Sworn to and subscribed before me in the Probate Court this 30th day of

April A.D. 1866. T.W. Powell Probate Court



Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 282)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 282)

Description

[page 282]

[corresponds to labeled page 250 of Will Records Vol. 4 - 1859-1869]



250


Records of the will of Godfried Riddle decd. May 11th 1866.

Proceedings heard before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of

Ohio, at his office in the Town of Delaware on the 11th

day of May A.D. 1866.

This day the last will and testament of Godfried Riddle

late of Delaware Township in this county was presented to

the court for probate and record. Thereupon John Hoag and

Henry J. Eaton, witnesses to the said will came into court

and were duly sworn and examined, and their testimony

reduced to writing, and now annexed to the will, and filed

therewith; and it appearing to the court that said will was

duly executed and attested, and that the said testator at the time

of executing the same was of full age, and of sound mind

and memory, and not under any restraint. Thereupon the court

upon consideration thereof orders that the said will

be admitted to probate as the last will and testament of the said

Godfried Riddle decd. and ordered to be recorded as such.

(Record and copy of the will)

On this eighteenth day of January in the year of our

Lord eighteen hundred and sixty six, I Godfried Riddle, residing

near the town of Delaware in the county of Delaware, State of

Ohio, do make and publish this my last will and testament, hereby

revoking all former wills by me made.

Item 1st. I give, devise, and bequeath to my beloved wife Joh-

anne Riddle, in lieu of what she would be entitled to out of

my property, real and personal, were I to make no will, to be

held, used and occupied by her so long as she shall remain my

widow unmarried, all the property of which I may be the owner

of or have any interest in, at my death, of whatsoever nature

the same may be, including the house and lot in Delaware

Township in said county of Delaware, where I now reside,

being about a mile east of the town of Delaware on the

north side of the Delaware and Berkshire state roads, containing about

an acre and a half of ground, more or less, including also all

my household furnature and other stuff in and about the house

and all other property, notes, money or accounts or in whatsoever

other form the same may be in at my decease.

Item 2nd. After my said wife shall be no longer, by the terms of

the foregoing "item 1st" entitled to said property, it is my will and

I so devise and bequeath, that my executor hereinafter named

proceeds to turn all said property into money, in such way as

may in his judgement be for the best interest of those concerned,

either by private or public sale or both as he may deem

best, and that he, after paying the necessary expenses of such sale

or sales, pay over to my son Christian Riddle the sum of

Forty dollars, and that he devide the residue of the proceeds

of the sale of my property after paying expenses and said sum

of forty dollars, equally among my sons Christian Riddle

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 283)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 283)

Description

[page 283]

[corresponds to labeled page 251 of Will Records Vol. 4 - 1859-1869]



251

Record of the will of Godfried Riddle decd. May 11th 1866.

John Riddle and my daughter Lydia Riddle; and I here

authorize my said executor in order to carry out the foregoing

bequests to sell the real estate described in "Item 1st" and any

other real estate of which I may be the owner or have an

interest in at my death, and decd. or deeds therefore to execute

and deliver in fee -- simple to the purchase or purchasers therefore.

Item No 3rd. I hereby nominate constitute and appoint

Charles Wotring of Delaware, Ohio; executor of this my

last will and testament, and here request that my said exec-

-utor in the execution of this trust be not required to give

any bonds.

In testimoney whereof I the said Godfried Riddle have

hereunto set my hand and seal, this said 18th day of January

A.D. 1866. (signed) Godfried Riddle (seal)

Signed by said Godfried Riddle in our presence to us by him

acknowledged to be his last will and testament, and signed

by us as witnesses thereto at his request, in his presence

and in the presence of each other. (signed) John Houg

Henry J. Eaton (end of the will.)

(Record and copy of the testimony reduced to writing.)

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Godfried Riddle late of

Delaware Township deceased.

We John Houg and Henry J. Eaton being duly sworn in open

court this 11th day of May A.D. 1866, depose and say, that we were

present at the execution of the last will and testament of Godfried

Riddle of Delaware Township hereto annexed; that we saw the

said testator subscribe said will and heard him publish and

declare the same to be his last will and testament, and that the

said testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request, and in his

presence and in the presence of each other. (signed) John Houg

Henry J. Eaton.


Sworn to and subscribed before me in the Probate Court this 11th day

of May A.D. 1866. T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 284)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 284)

Description

[page 284]

[corresponds to labeled page 252 of Will Records Vol. 4 - 1859-1869]


252

Record of the will of Cornelius Woodcock decd. May 23rd 1866.


Proceedings had before Thomas W. Powell judge of the Probate

Court in and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 23rd day of

May A.D. 1866.

This day the last will and testament of Cornelius Woodcock

late of Kingston Township was presented to the court for probate

and record. Thereupon Franklin M. Owens and Nathan P. Ferguson

came into court (the subscribing witnesses to the said will) and were

duly sworn and examined, and their testimony reduced to writing

and now annexed to the will and filed therewith; and it appearing

to the court that the said will was duly executed and attested, and

that the said testator at the time of executing the same was

of full age and sound mind and memory and not under

any restraint. Thereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved

as the last will and testament of the said Cornelius Woodcock

deceased, and ordered to be recorded as such.

(Copy and record of the said will.)

I Cornelius Woodcock of the County of Delaware in the State of

Ohio, being of lawful age, sound in mind and memory, but being

weak in body, do make and ordain this my last will and testament

in manner and form following: to wit: ___ After paying my funeral

and other necessary expenses; First, I give and bequeath the farm on

which I now reside containing eighty and one half acres to Catharine

Waldren and Elizabeth Carney, my two daughters to be divided equally

between them, line to run east and west. I give and bequeath to my

daughter Martha wife of Jonathan Sheets the sum of five dollars.

I give and bequeath to the surviving heirs of my daughter Barbara

Abrahams the sum of five dollars to be divided equally between

them. I give and bequeath to my daughter Sally Pierson deceased

to be equally divided among her surviving heirs the sum of five

dollars. I give and bequeath to the surviving heirs of my son

George Washington Woodcock in addition to what I have already

given him the sum of five dollars to be equally divided between

them. And the residue of my property, money or effects, I give

and bequeath to my two daughters, to wit: Catharine Waldron and

Elizabeth Carney. And lastly I do hereby ordain and appoint

Robert Ferguson my executor to carry out the provisions of the

foregoing bequests. In testimony I have hereunto set my hand

on this eleventh day of April eighteen hundred and sixty six.

Signed, sealed and acknowledged (signed) Cornelius X. Woodcock (seal)

in the presence of us

(signed) F. M. Owen

N. P. Ferguson (end of will)

(Record of the testimony) The State of Ohio Delaware County Ss.

In the matter of the last will and testament of Cornelius Woodcok late of Kingston Township decd.

We Franklin M. Owen and Nathan P. Ferguson being duly sworn

in open court this 23rd day of May A.D. 1866 depose and say, that

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 285)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 285)

Description

[page 285]

[corresponds to labeled page 253 of Will Records Vol. 4 - 1859-1869]


253.

Record of the Will of Cornelius Woodcock dedc. May 23rd 1866


We were present at the execution of the last will and testament

of Cornelius Woodcock of Kingston Township hereto annexed;

that we saw the said testator subscribe said will and heard him

publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same

was of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at his

request and in his presence and in the presence of each other.

(Signed) F.M. Owen

N.P. Ferguson.

Sworn to and subscribed before me in the Probate Court this 23rd

day of May A.D. 1866. T.W Powell Probate Judge.


Record of the Will of Horace D. Hubbard decd. May 23rd 1866.


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and the state of Ohio, at his

office in the town of Delaware, on the 23rd day of May A.D. 1866.

On the 10th day of May A.D. 1866 on motion and showing the Court

appointed Frederick E. Hubbard administrator on the estate of

Horace D. Hubbard late of Berlin Township decd who gave

Bonds in the sum of $1000 with John Hough decd John J. Hubbard

his surities, and the court appointed William Goury, John Hough

and Atwood Davenport appraisers of the said estate.

At the same time the said Frederick E. Hubbard presents the

last will and testament of the said Horace D. Hubbard decd. for

probate and record; and it appearing that the two witnesses to the

execution of the said will were residents of Columbus in

Franklin County, Ohio, on application therefor issued a com=

=mission to the Probate Judge of Franklin County, with the will an=

=nexed to take the depositions etc of the said witnesses to prove

the due execution of the said will.

And afterwards to wit on this day the 23rd day of May 1866, the said

Commission heretofore issued in this case was duly returned with

the depositions of D.R. Rinsell and J.R. Flowers the subscribing

witnesses to the said will duly taken and reduced to writing and

returned therewith, and it now appearing to the court that the said will

was duly executed and attested, and that the said testator at the time of

the execution thereof was of full age and of sound mind and memory

and not under any restraint. Thereupon the court on consideration

thereof orders the said will to be admitted to be admitted to Probate

as duly proved as the last will and testament of the said Horace D.

Hubbard decd, and ordered to be recorded as such; and annexed to the

letters of administration heretofore granted to Frederick E. Hubbard on said estate.

(copy and record of the will)

Berlin Tp. Delaware Co. Ohio.

I Horace D. Hubbard do hereby declare this to be my last

will and testament. After converting all that I am possessed of
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 286)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 286)

Description

[page 286]

[corresponds to labeled page 254 of Will Records Vol. 4 - 1859-1869]


254


Records of the Will of Horace D. Hubbard. May 23rd 1866.


into money: - 1st I desire that my just debts be paid - 2nd that a mon=

=ument to cost two hundred dollars be bought and erected - 3rd that all

of the residue remainder of my estate be equally divided

between my father, mother, my sister Eliza and my brothers Frederick

E. Hubbard, John Deware Hubbard and James F. Hubbard.

Witnesses my hand, seal this first day of May A.D. 1866.

Attest. (signed) D.R. Rinsell ) (Signed) Horace D. Hubbard.

J.R. Flowers ) (End of the Will.)

(Record of the Commission and testimony)

The State of Ohio

Delaware County Ss. } In the Probate Court.

To the Judge of the Probate Court of Franklin County, Ohio, Greeting.

The undersigned Thomas W. Powell Judge of the Probate Court in

and for the said County of Delaware, placing special confidence

in your ability and integrity, do hereby constitute and appoint

you commissioner to take the testimony of D.R. Kinsell and

J.R. Flowers, (the subscribing witnesses to the last will and testament of

Horace D. Hubbard) to prove the execution and attestation of the

said last will and testament of the said Horace D. Hubbard decd.

dated the first day of May 1866 hereto annexed; and reduce their

testimony to writing, and return the same together with the said

will under your seal to this Court, for the purpose of the probate

of the said will. And for so doing this shall be your commission

and full authority to administer the proper oaths and take the

said testimony; in due time and necessary convenience.

{seal} In testimony whereof I have hereunto set my hand

and seal of the said Probate Court of Delaware County

This 11th day of May 1866, at Delaware, Ohio.

T.W. Powell Probate Judge.

(Return to wit:-)

The State of Ohio

Franklin County Ss. Probate Court.

In pursuance of the power vested in me by the Probate Court in and

for the County of Delaware and state of Ohio, I caused D. R. Kinsell

and J.R. Flowers to be brought before me and caused their affidavits

to be taken in the matter of the last will and testament of Horace

D. Hubbard deceased at my office in the City of Columbus, County

of Franklin and State of Ohio the 23rd day of May A.D. 1866 in the words

and figures as follows, to wit:-

We D.R. Kinsell and J.R. Flowers being duly sworn in open court

this 23rd day of May A.D. 1866, depose and say that we were present

at the execution of the last will and testament of Horace D.

Hubbard deceased, hereunto annexed; that we saw Horace D.

Hubbard said testator subscribe said will and heard him publish

and declare the same to be his last will and testament, and

that the said Horace D. Hubbard at the time of executing

the same was of full age, and sound mind and memory

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 287)

Title

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Description

[page 287]

[corresponds to labeled page 255 of Will Records Vol. 4 - 1859-1869]


255

Record of the Will of Horace D. Hubbard decd. May 23rd 1866.


and not under any restraint, and that we signed the

same as witnesses at his request and in his presence

and in the presence of each other.

D.R. Kinsell

J.R. Flowers

Sworn to and subscribed in my presence the day and

{seal} year first above written.

In testimony whereof I have hereunto set

my hand & seal officially.

(signed) John M. Pugh Probate Judge

Recorded by me. T.W. Powell Probate Judge


Record of the Will of Fitzhenry Homer decd.

Proceedings had before Thomas W. Powell Judge of the Probate Court

within and for the County of Delaware and State of Ohio, at

His Office in the town of Delaware, on the 6th day of July 1866.

In the matter of the will of Fitzhenry Homer decd

this day the authenticated Copy of the last will and tes=

=ment of Fitzhenry Homer, late of Boston, in the County

of Suffolk, in the State of Massachusetts decd, as proved

and admitted to record in the probate Court, in the said

County of Suffolk, duly executed and proved in the said

last named County, and duly certified from the record,

was presented to this Court for record in this County where

it is claimed that the same relates to property therein

upon consideration there of the Court Orders the same to be

admitted to record accordingly

T.W. Powell, Probate Judge.

Commonwealth of Massachusetes

Suffolk Ss. By the Judge of probate for said County,

To Franklin Evans of Boston in said County.

{L S} Gentleman, Greeting

Whereas Fitzhenry Homer

late of said Boston, Gentleman, deceased, having lately died

testate, leaving good and estate to be administered, and

administration thereof having been granted to you

and bonds given as the law directs. Trusting there=

=fore in your care and fidelity, I do by these pre=

=sents, pursuant to the power and authority to me

granted, constitute and appoint you administrator

de bonis non. With the will annexed, of the estate of

said deceased, and commit unto you the admin=

=istration thereof, will and faithfully to execute the

same according to law, and you are required to

make and return into the Probate Court for said

County of Suffolk, within three months from the date.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 288)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 288)

Description

[page 288]

[corresponds to labeled page 256 of Will Records Vol. 4 - 1859-1869]


256


Record of the Will of Fitzhenry Homer, Decd.


hereof, a true inventory of all the real estate and all

the goods, chattels, rights and credits of the said tes=

=tator, which are by law to be administered, which

shall come to our possession or knowledge, and to ad=

=minister according to law and to the will of the tes=

=tator, all goods, chattels, right, and credits of the

said decease, and the proceeds of all his real estate

that may be sold for the payment of His debts or

legacies, which shall at any time come to your po=

=sesion or the possession of any other person for you,

and to render upon oath a true account of your admin=

=istration within one year from the date hereof, and

at any other times when thereto required by the Judge

of Probate of said County of Suffolk.

And in all other matters and things in relation to

your said administration you are faithfully to dis=

=charge your trust according to law.

In testimony whereof I have hereunto set my hand and

seal of the said Court of Probate at Boston the eighth

day of December in the year of One thousand eight hun=

=dred and fifty six

Edw G. Living,

Judge of probate.

Countersigned

Wm le Brown Regr

(Copy and record of the said will.)

Be it remembered that I Fitzhenry Homer

of Boston, in the County of Sullold, and Commonwealth

of Massachusetts, Esquire, being in good health, and of

sound mind, and memory, but sensible of the uncer-

=tainty of life, and desirous to prepare for its close, do

make and declare this my last Will and testament:

I desire to be buried in the Chapel burying

ground in the family Vaults, in said Boston, over the remains

of my father and mother, and I wish some friend to fol=

=low my remains from my house to the grave and should

not the interment not be permitted in that burying ground I

wish my wife to direct where it shall be.

It my will that all my just debts, and the charges

on my estate be paid and discharged as soon as conveniently

may be after my decease.

I give, devise and dispose, of all my estate, real and

personal, together with any, and all estate right or interest

in hands which I may acquire after the date of this will

(Save what may be necessary for the payment of my just

debts, and the charges on my estate in the following man=

=ner.

First - I give and bequeath to my dearly beloved

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 289)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 289)

Description

[page 289]

[corresponds to labeled page 257 of Will Records Vol. 4 - 1859-1869]


257

Record of the Will of Fitzhenry Homer, decd.


wife, all my right horses and carriages, and all stores of

provisions, wines and liquors, of any kind, which I may

have at the time of my decease, and I give and bequeath

to her during her life the use of all my household

furniture, plate, and all articles of domestic use, and

ornament, not bequeathed to Her as above, and she

shall be bound to keep the same insured against

fire. and I hereby authorize and empower my wife

to make such gifts as She may think proper to my

daughter Isabel, and the other children, should any

others be born, of any articles of household furni=

=ture, plate, and other like property left to Her

during her life time as above, and such gift or gifts

may be made by her at such times as she may think

best.

Second - I give and devise to my wife the use of

my dwelling house situated in Beacon Street in said

Boston. With the Staby and all the rights, privileges

and appurtenances thereto belonging to be used, occupied

and posessed by her during her life subject to the ex=

=pences of repairs insurance against fire and taxes

which are to be paid by her and in case of damage

by fire, she shall apply the amount received from

the insurers to repair the loss, but if dwelling house

shall be destroyed by fire so as to make it necessary to rebuild

the same, I do hereby authorize and empower my wife if she

thinks fit to sell and convey the said mansion house estate

and to execute a good and sufficient deed of the same in

fee simple, such sale to be made at public auction or by

private contract, as she may deem best, and in case

of such sale the entire proceed thereof together with such

sum as shall be received from the Insurers shall be

deemed and taken as a part of my estate, and the same

shall be accounted for accordingly. and if such sale

be made, the quantity to be paid to my wife shall be

increased as hereinafter named. And it is my

will that my wife shall have power to sell and con=

=vey said mansion house estate as above Should

she prefer not to occupy the same, in which case

the proceeds shall be accounted for and the annuity

be increased as herein provided

Third I give and bequeath to my wife the

sum of five thousand dollars annually for and du=

=ring the term of her natural life, to be paid

to her in quarter yearly payments, commencing at the

end of three months from my decease. The same

to be received by her, or her lawful attorney. And it

is my will that my wife shall from said annuity

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 290)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 290)

Description

[page 290]

[corresponds to labeled page 258 of Will Records Vol. 4 - 1859-1869]


258

Record of the Will of Fitzhenry Homer, deceased.

pay the expences of the maintaince and education of my

daughter, Lisabel, and my other children, should any

others be born during their minority, and I further

give to my beloved wife the sum of twenty thou-

sand dollars, to be paid to her from the trust fund

herein after named in three years after my decease, and

I hereby provide that should she prefer not to withdraw

said sum from the trust fund, she may by any in=

=instrument in writing signed by her in the presence of

two witnesses, direct limit and appoint to whom

at what time and under what provisions said sum

of twenty thousand dollars or any part thereof shall

be paid, and it is my will that in case of the

sale of the mansion house estate as above, my wife

shall receive an addition of one thousand dollars

to her annuity as aforesaid to be paid to her quarter

yearly as above, and the provisions aforesaid for my wife

shall be in lieu of all dower.

And in order to raise and secure the payment of

said annuity I give, devise and bequeath to my wife

and Edward Blake of said Boston, Esquire, all my

real Estate, except said mansion house estate, and in-

cluding with that exception, all of the real estate of

which I may be seized and posessed at the time of my

decease, and also stocks and other personal property to

the amount of one hundred thousand dollars to be

selected and taken at the valuation in the Inventory of

my estate. To have and to hold the same to them

their heirs and assigns and the survivors of them his

heirs and assigns = but upon the trust and to the uses

intents and purposes folowing that is to say to hold,

lease and demise the real estate and invest the per=

=sonal property - and the proceeds of any sales of the real

estate should they make any sales of the Real Estate in

such manner and in such terms as they shall think

safe and expedient, to collect and receive the rents, in=

=come dividends, and profits thereof, to keep the real es-

-state in tenatible repair, altering or rebuilding the same

in my past thereof when necessary to pay all char=

-ges for repairs improvements, taxes and insurance

on said trust property, and after deducting all such

charges and expenses and all other necessary and proper

charges and expenses, and a reasonable compensation

for their own service to pay said annuity and to add

to said fund and invest as aforesaid all the surplus

of said income. And in case said trustees shall deem

it prudent to sell and dispose of or change any

investment at any time held by them in their ca=

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 291)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 291)

Description

[page 291]

[corresponds to labeled page 259 of Will Records Vol. 4 - 1859-1869]


259


Record of the will of Fitzhenry Homer, decd.

=pacity of trustees as aforesaid. I authorize and empower

them to make such changes, and to sell by public auction

or private sale, for such consideration, and on such terms

as they shall deem expedient, any or all such invest=

-ment to make good and sufficient conveyance of

said real estate in fee simple or otherwise suitable trans-

-fers thereof, and to loan or invest the same or their

proceeds, thereof upon the same trusts and in the man-

-ner hereinbefore mentioned, and the same to resell and

reinvest as aforesaid. In case said Blake appointed trus-

-tee as aforesaid shall decline or resign then or shall die

before all the objects thereof are accomplished, then my

wife may appoint by any instrument in writing under her

hand a new trustee in place of said Blake, and so from

time to time whenever a new trustee may be required and

exercise the same powers, rights and duties as if he

had been originally appointed by me and the trust es-

-state shall rest in him in like manner as it did or

would have rested in the trustee in whose place he is

substituted. And at and upon the decease of my wife

I give and bequeath said mansion house Estate of item

remaining unsold said other real estate, all the per-

-sonal property constituting the house - fund as fore-

-said and also the household furniture plate and

other articles of personal property, the use of which is

above given to my wife during her life, to my dau-

-ghters Isabel and such other children as I may

have. To have and to hold the same to them, and for

their use and benefit upon the same trusts and upon

the same provisions as are hereinafter expressed in rela-

-tion to the other property herein devised, and bequeathed

to them, and for their use and benefit.

Fourth. I give and bequeath to my daughter-

-ter Josephine Marion DeWolf the sum of one hundred

dollars, the same to be paid as soon as may be after

my decease to her, and in case of her decease to her

issue. And it is my will that said bequest shall

be all that she and her issue can or will ever

receive from my estate.

Fifth. I give and bequeath to my daughter

Isabel the sum of one hundred dollars to be paid to

her at the same time the above legacy shall be paid

to her sisters.

Sixth. I give and bequeath the sum of Five

thousand dollars to my beloved wife and Edward

Blake aforesaid. To hold the same and his as-

signs, and the survivors of them, his executors,

administrators, and assigns, but in trust never the less
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 292)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 292)

Description

[page 292]

[corresponds to labeled page 260 of Will Records Vol. 4 - 1859-1869]


260

Record of the will of Fitzhenry Homer, decd.


and to and for the uses and purposes following that is

say to invest the said sum of five thousand dollars

in any manner which said trustees shall deem safe to

collect and receive the interest and income thereof, and

income thereof and after deducting all necessary and

proper charges, to pay all the residue of the interest and

income of said trust fund to my daughter Isabel in quar-

-terly payments, and when she shall attain

the age of twenty one years or to be married to pay and

transfer the said trust fund and the interest and in-

-come on hand to her if she shall so desire.

Seventh. I give and devise and bequeath all the rest of

residue and remainder of my estate, real, personal

and mixed of what nature soever, and wherever situated

including all the real estate which I may acquire

after the date of this will, and also all the real estate

and personal property of which my wife shall have

the use during her life, to her and Edward Blake

aforesaid. I have and to hold the same to them their

heirs and assigns and the survivors of them but upon

the hush and to the use intents and purposes following

to invest the said personal property in each

manner and on such terms as they shall think safe

and expedient to collect and receive the income and

profits thereof and the same to invest after deducting all

necessary and proper charges during the minority of

my daughter, Isabel, and my other children should oth-

=ers be born, and provided my wife during their minority so

much of said income as is necessary and proper shall be

applied to the support, maintenance and education of said

Isabel and such other children and the surplus of said

income to be added to the trust fund. And further

should I leave a son to convey transfer and pay over

to him his entire share of all said property upon ob-

-taining full age equal with my daughter Isabel, and

my other children should others be born. My son to take

his said share free and clear from all trusts limit-

ations and restrictions whatever and his part of said

share he may take said mansion house estate and

the furniture aforesaid at valuation of sixty thousand

dollars and as to my daughter Isabel and other dau-

-ghters should others be born to pay over them upon them

obtaining the age of twenty one years the income of

their shares of said property during their natural

lives for their own sole and separate use, and so that

the same shall not be subject or in any manner

liable to the control of my husband, and the receipts
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 293)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 293)

Description

[page 293]

[corresponds to labeled page 261 of Will Records Vol. 4 - 1859-1869]

261


Record of the Will of Fitzhenry Homer deceased


and of my daughters shall not withstanding these cov

-ertures, be good and sufficient, discharges in the prom-

=ises to said trustees, and in case there shall be only one

daughter entitled to receive said income, said daughter

shall not receive from said income more than twelve

thousand dollars in any one year.

And said trustees shall have full power to change any

stocks, or securities under this Will and reinvest - in

others as they may deem expedient, and I hereby di=

=rect that the control of the property held in trust

under this Will shall be solely in the trustees acting un-

=der it. Who shall not be restrained or directed in any

manner by my daughter; or other child or the hus-

=bands or either of them as to the care, and manage-

-ment of said trust property, and the said trust for

my daughter Isabel and my other daughters should others

be born. shall continue during their lives and after

their decease for the benefit of their children if any, and

no division of the principle of said trust property shall

be made until all the said grandchildren shall be =

=come of full age, the net income of said trust proper-

-ty to be used for the benefit of my daughter Isabel

and the other children should others be born, and,

their children, as named, and provided above, and

in trust further, and it is my Will, and I do hereby

expressly provide that in case my daughter Isabel

should not leave any issue and I should not have

any other children, the said trustees or their successors

shall convey transfer and pay over all said trust prop-

-erty to such person or persons in such shares and

proportions, and in such manner and form as my

daughter Isabel shall by any deed or deeds or instru-

=ment in writing to be by her sealed and delivered

or in and by her last Will and testament in writing

to be by her executed and attested in such manner as

is by law required direct - limit or appoint, and for

want of such direction, limitation or appointment and

should my wife survive said Isabel then in trust

to convey transfer and pay over said property in such

manner as my wife may direct limit or appoint. In

case said Blake appointed trustee as aforesaid shall

decline or resign the trusts aforesaid or shall die before

all the objects thereof are accomplished then my wife

may appoint by my instrument under her hand a new

trustee in place of said Blake and so from time to time

whenever a new trustee may be required, and should my

wife fail to make such appointment it may be made

by the Judge of Probate for the County of Suffolk

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 294)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 294)

Description

[page 294]

[corresponds to labeled page 262 of Will Records Vol. 4 - 1859-1869]

262

Record of the Will of Fitzhenry Homer decd'

and in case my wife appointed a trustee shall decline or resign

the trusts aforesaid, or shall die before all the objects thereof are

accomplished, then said Blake or my trustee who may be ac-

=ting in his place may be appointed by my instrument

under his hand a new trustee in place of my wife and so from

time to time, whenever a new trustee may be required, and

every trustee appointed in the place of said trustees respective=

-ly shall have and exercise the same powers rights and

duties as if originally appointed by me, and the trust estate

shall use in him in like manner as they did or would

have resting in the trustee in whose place he is substitu-

-ted & should said Mansion house estate not be sold

in the lifetime of wife and should my daughter Isabel

not wish to occupy the same then it is my Will that

the said trustee for the time being, may and I do hereby

authorize them to sell said Mansion house estate and

any and all other parcels of Real Estate held by said

trustees by public auction or private sale for such con

-sideration, and in such times as they shall deem expe-

-dient to make good and sufficient conveyance

of said real estate and with full power and authority to sell

and dispose of said household furniture plate and other ar-

ticles, the use of which is given hereby to wife during

her life provided said trustees shall deem it to be best

to sell the same hereby authorizing said trustees to provide

my daughter Isabel and such other children as I may

have to occupy said dwelling house and use the fur-

=niture and plate remaining free from any rent or

other charge therefore and with power to sell and make

suitable transfer of all other personal property held

by said trustees and to invest the proceeds of all sales

of Real Estate and personal property which may be

made by them in such manner and in such terms

as they shall think safe and do expidient and

the same to resell and reinvest as aforesaid, and

it is my Will, and I do hereby request - that the trus-

-tees shall be exempted from giving bonds as such

trustees.

And whereas the said mansion house estate situate

in Beacon Street in said Boston is now held by John

E Thayer of said Boston Esquire, for my use and ben-

=ifit, he being bound to convey the same pursu-

-ant to my directives and appointment to be made

by my instrument to take effect during my life, or

by my last Will and testament, I do hereby di-

=rect and appoint that said estate shall be con-

=veyed so that the same shall be conveyed so that

the same shall be held used and enjoyed by the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 295)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 295)

Description

[page 295]

[corresponds to labeled page 263 of Will Records Vol. 4 - 1859-1869]

263

Record of the Will of Fitzhenry Homer decd'


persons and in the manner above set forth, provided I

shall not have taken a conveyance thereof

Eighth I appoint my wife and said Ed-

=ward Blake to be the Guardians of my daughter Isa-

=bel and the other children if any during their minority

and in case of the death or resignation of either of them the other

may act as sole guardian, and I hereby order and request that

no bond shall be required of said guardians or either

of them.

Ninth. I nominate and appoint my wife to be Ex-

=ecutrix of this my Will and testament, and lastly hereby

revokoing all former wills and testaments.

In witness whereof I the said Fitzhenry Homer have

hereto set my hand and sale this twenty seventh day of

July in the year of Our Lord Eighteen hundred and fifty three

Fitzhenry Homer { L S }

Signed, Sealed, published and declared by the above

named Fitzhenry Homer as and for his last will and

testament in presence of us who at each other his request

in his presence, and in the presence of each have here-

=unto subscribed our names, as witnesses, the word "them"

in 5th clause & Isabel in 8th do being intertined.

Charles Atwood, Wm Minot Jr. Eleazer L Porter,

The Mansion House was conveyed by Mr John E

Thayer, by Deed to Samuel Hooper Esq. November 12th

1835, and therefore Mr Hooper's name must be substituted

in place of Mr Thayer in the foregoing instrument

Fitzhenry Homer.

The above named Fitzhenry Homer do make the

presents Codicil to be taken as such for part of

my last Will and testament, above written I hereby rat-

=ify and confirm my said Will in all respects save so

far as any part thereof shall be attend or recorded by

this Codicil.

It is my Will that in case of the sale of my

house in Beacon Street, the trustees may purchase for my

wife another house such as may suit her, in Boston

or elsewhere, to be held, used and possessed, as stated

in my Will about my house in Beacon Street.

It is my Will that my wife shall have at her

disposal the whole income of the fund created under

the third Clause of my Will, and I revoke so

much of it as limits her to an annuity of five thou-

sand dollars, the said income to be used by my

wife for the benefit of herself and my daughter Is-

-abel, and any part of the annual income which

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 296)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 296)

Description

[page 296]

[corresponds to labeled page 264 of Will Records Vol. 4 - 1859-1869]

264

Record of the Will of Fitzhenry Homer decd'


may not be used by my wife shall be invested by the

Trustees - I revoke the legacy of my wife of the sum of

twenty thousand dollars.

I revoke so much of the seventh clause of my Will as lim

=its my daughter Isabel to an annual income of twelve thou-

=sand dollars and it is my will that she shall have the

whole income of said trust fund - and it is my Will that

at the marriage of my daughter Isable the trustees under

my will may purchase for her a dwelling house and

may expend the sum of fifty thousand dollars in the

purchase of the same, and furniture therefor to be held

in trust for her.

It is my will that Edward Godman of said

Boston, Merchant shall be a trustee under my Will

jointly with my Wife and said Edward Blake and I

hereby give and devise to the said Edward Goodman

jointly with my Wife and said Edward Blake the same

estates rights titles interests, and powers, in and concer=

-ning the trust property real and personal, and the man

agement and disposal thereof and without any bond

to be given by said Goodman as trustee, and so effec-

=tualy to all intents and purposes, as if the said Ed-

=ward Goodman had been originally and in said Will

appointed trustee, together with my Wife and said

Blake, and it is my will that during the life of my

Wife there shall be two trustees associated with Her and

new trustees appointed from time to time whenever it may

be necessary to fill a vacancy, the appointments to be

made as named in my Will.

My house in Beacon Street is now held by

Samuel Hooper Esq. who received a conveyance there-

=of from John E Thayer, Esq and I make the same ap=

pointment as to said Hooper which was made in said

Will as to said Thayer.

Signed and sealed this twenty ninth day of

April AD eighteen hundred and fifty six.

Fitzhenry Homer { S S }

Signed, sealed, published and declared by the

above named Fitzhenry Homer as and for a Codicil

is his last will and testament in presence of us who at

his request in his presence and in the presence of each

other have hereunto subscribed our names as witnesses

Wm Minet Jr. Charles Atwood. Augustus A Gould.

I the above named Fitzhenry Homer do

make the additional Codicil to be taken as and

for part of my last will and testament above written

I hereby notify and confirm my said wife in all

respects as above made by said Will and Codicil

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 297)

Title

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Description

[page 297]

[corresponds to labeled page 265 of Will Records Vol. 4 - 1859-1869]

265

Record of the Will of Fitzhenry Homer decd'


save so far as any part thereof shall be altered or recorded by this Cod-

-icil

It is my Will that my wife shall so far as she may find it con-

venient so to do use the income of the fund created under the

third clause of my Will for the benefit of my daughter Jo-

-sephine as Wife as for her own benefit and that of my

daughter Isabel intending to leave said income under the

entire control of my wife

And it is further my will that at the death

of my wife one half of all my property and estate then

remaining and held under my Will shall be held

and used for the benefit of my daughter Josephine wife

of Henry Bellfin Esquire of Newport R.I. for and

during her the time of her life and said Blake and

Goodman shall be the trustees for her and should they

decline or be unable to act. new trustees shall be appointed

by the Judge of Probate for the County of Suffolk from

time to time as may be required and further that at

the death of my daughter Josephine all the property then

held in trust for her under my Will be conveyed and

transferred to her children to have and to hold the same

to them, their heirs and assigns.

Signed and Sealed this twenty Second day

of May AD Eighteen hundred and fifty-six.

Fitzhenry Homer { S S }

Signed, Sealed, published, and declared by the above

named Fitzhenry Homer as and for a Codicil to his

last Will and testament in presence of us who at his

request in his presence and in the presence of each other

have hereunto subscribed our names as witnesses

Charles Atwood. Augustus A Gould. T. L. Batchelder

{S S} Commonwealth of Massachusetts, Suffolk SS.

At a Probate Court holden at Boston Within

and for the County of Suffolk on the twenty third day of

June in the year 1858.

The annexed Will and codicils being

presented by Nancy B Homer the Executrix therein

named for Probate, and the said Nancy B. having

given public notice pursuante to my Order which is in

file in said Court to all persons interested therein to

appear, are this day and show cause if any there have

either for or against the Probate thereof and no per-

-son appearing to object thereto, Charles Atwood and

Eleazer Porter appear and make oath, that they saw

the said Fitzhenry Homer sign and seal, and

heard him publish the instrument hereto annexed

dated the 27 day of July in the year 1853, as and,

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 298)

Title

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Description

[page 298]

[corresponds to labeled page 266 of Will Records Vol. 4 - 1859-1869]

266

Record of the Will of Fitzhenry Homer decd'


for his last will and testament and that he was then to the

best of their dicernment of a sound disposing mind and

memory and that they with Wm Minet Jun. who is ab-

=sent subscribed their names thereto as witnesses in the

presence of said testator and of each other.

Charles Atwood appears and makes oath that he

saw the said Fitzhenry Homer sign, seal and heard

him publish the second instrument hereto annexed

dated April 29th 1836 as and for a Codicil to his

last will and testament, and that he was then in

the best of his discernment of a sound disposing mind

and memory and that he with Mr Minet Jun. and

Augustus A Gould who are absent subscribed their

names thereto as witnesses in the presence of said Tes-

=tator and of each other.

Charles Atwood and T. L. Batchelder appear

and make oath, that they saw the said Fitzhenry

Homer sign, seal, and heard him publish the third

instrument hereto annexed dated May 22 1856 as and

for a Codicil to his Last Will and testament and that

he was then to the best of their discernment of a sound

disposing mind and memory and that they with Au-

=gustus A Gould who is absent, subscribed their

names thereto as witnesses in the presence of said tes-

=tator and of each other.

And I do therefor prove approve and

allow the said instrument as the last will and tes-

=tament of said testator and order them to be re-

=corded.

Given under my hand and seal of Office

the day and year first above written

Edw G Loring

Judge of Probate.

{ S S } Commonwealth of Massachusetts

Suffolk County

The Lyscriber Register of the Court of

Probate for said County, hereby certifies and attests

that on the Eighth day of December in the year One

thousand Eight hundred and fifty six

Franklin Evans of Boston in said County

Gentleman was dully appointed Administrator do

bonis now with the Will annexed of the Estate of

Fitzhenry Homer late of said Boston, Gentleman

deceased estate and became bound according to

law for the faithful discharge of said trust, that

the annexed papers are true copies of said will and,

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 299)

Title

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Description

[page 299]

[corresponds to labeled page 267 of Will Records Vol. 4 - 1859-1869]

267

Will of Fitzhenry Homer, deceased


and of the letter of Administration de bonis no. with the

will annexed issued thereon as will fully appear on u=

-erace to the file and records of said Court

Given under my hand and the seal of said

Court at Boston aforesaid this seventh day of March

in the year One thousand eight hundred and fifty seven

Wm C Brown } Register of the Court of

} Probate Suffolk County

Commonwealth of Massachusetts,

Suffolk County

{ Seal }

Edward G Loring Esquire, Judge

of the Court of Probate of Will and granting Ad-

=ministrations, within and for said County.

Hereby Certifies that William C Brown Esquire

is the Register of the Court of Probate for the County

of Suffolk aforesaid and that full faith and

Credit - may and ought to be given to the Certificate

and Attestation by him before subscribed and that

the same is in due form.

Given under my hand and the seal

of said Court at Boston in said County, this

[Second crossed out] Seventh day of March in the year of one

thousand Eight hundred and fifty Seven

Edw G Loring

{ Judge of the said Court

of Probate

July 19th 1866 - Recorded by me - T. W. Powell Probate Judge



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Title

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Description

[page 300]

[corresponds to labeled page 268 of Will Records Vol. 4 - 1859-1869]

268


Record of the Will of John Curtis decd. May 31st 1866


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and the State of

Ohio, at his office in the town of Delaware on the 31st day

of May A.D. 1866.



[word in left margin: Journal]

This day the last will and testament of John Curtis late of

Genoa Township in this county decd. was presented to the court

for probate and record. Thereupon Nathan Dustin and Henry

Hodgden, the two subscribing witnesses to the said Will, came

into court and were duly sworn and examined, and their testimony

reduced to writing, and now annexed to the will and filed therewith

And it appearing to the Court that the said Will was duly executed

and attested; and that the said testator at the time the same

was so executed was of full age, and of sound mind and memory

and not under any restraint; thereupon the court whose con=

=sideration as the last will and testament of the said John Curtis

decd. and ordered to be recorded as such.

(Copy of the will and record thereof)

In the name of the Benevolent Father of All.

I John Curtis, being of sound mind and memory, and under

no restraint whatever; for these and all other blessings I humbly

trust that I am duly thankful to my heavenly Father who has

dealt so kindly with me, to preserve my life, past the scriptured

age of three score years and ten do make and publish this

my last will and testament, revoking any and all other wills

that may have been made by me at any former time.

Item 1st. It is my will and request that my Executor shall pay

all just debts and legal demands against my estate; and

to cause to be erected over my grave a good and substan=

=tial monument of Italian Marble with the following in=

=scription thereon, viz. In Memory of John Curtis son of Jere=

=miah Curtis decd. in the year of

his age; and to prepare the same to perpetuate the memory of

my beloved wife Sarah Curtis inscribed as above.

Item 2nd. It is my will and request that my beloved wife Sarah

Curtis shall have the use of all my real estate during her nat=

=ural life. And I further give and bequeath to her for her sole

use and benefit, to use and dispose of for her benefit, all the

stock, farming amd other tools, all buckets and fixtures to the sugar

camp, all the household furnature, all the provisions that may be

laid up for the family use, all grain, corn, hay and sauce that

I may own at my decease.

Item 3d. I give and bequeath to each of the following persons

the following sums of money, viz. to Rufus Carter fifty dollars;

to John Carter fifty dollars; to Jonas Carter fifty dollars, to

James Carter fifty dollars; to Samuel Carter fifty dollars; Mary

Ann Jackson the sum of fifty dollars; Laura Carter

widow of Lewis Carter the sum of fifty dollars; in all


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Description

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269

Record of the Will of John Curtis decd. May 31st 1866.


seven persons and fifty dollars each, making in the aggri=

=gate three hundred and fifty dollars; all children of my

old friend Jonas Carter, except the last named.

Item 4. I give and bequeath to Caroline F. Warner, wife

of Reuben F. Warner and a niece of mine, all the real estate

I may own, she to take possession of the same immedi=

=ately after the decease of my wife Sarah Curtis; this to

be hers in fee simple to use and dispose of as she shall prefer.

Item 5. As my nearest relatives are nephews and nieces

I give and bequeath to each of them (except Caroline F.

Warner who is fully provided for in Item 4) all the balance

of my property not already disposed of, to be equally

divided among them, and if any of them have died or shall die

before my estate is settled and have left a child or children

surviving his or her parent such child or children to inherit

his or her parent's share, and if more than one child to be

equally among them.

Item 6th. I nominate and appoint George W. Wells to be my

Executor of this my last will; and if he will settle the same

for one hundred dollars to be in full for his fees; but if he

declines to do it for that sum then my wife is to select a

judicious person to settle my estate.

In testimony whereof I have hereunto set my hand and seal

this 31st day of March 1866. (signed) John Curtis [seal]

Signed, sealed and acknowledged by said John Curtis as his last

Will and testament in our presence and signed by us in

presence. (signed) Nathan Dustin.

Henry Hodgden.(end of the will.)


(Record of the testimony)

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of John Curtis late of Genoa Township decd.

We Nathan Dustin and Henry Hodgden being duly sworn in open court

this 31st day of May A.D. 1866. depose and say, that we were present at the ex=

=ecution of the last will and testament of John Curtis of Genoa Township

hereto annexed; that we saw the said testator subscribe said will and heard

him publish and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was of full

age, and of sound mind and memory, and not under any restraint,

and that we signed the same as witnesses at his request and in his

presence and in the presence of each other.

(signed) Henry Hodgden

Nathan Dustin.

Sworn to and subscribed before me in the Probate Court, this 31st day of May

A.D. 1866. T.W. Powell Probate Judge


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 302)

Title

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Description

[page 302]

[corresponds to labeled page 270 of Will Records Vol. 4 - 1859-1869]


270

Record of the Will of James E. Gillett decd. June 16th 1866.

Proceeding had before Thomas W Powell Judge of the Probate Court in and

for the county of Delaware and State of Ohio, at his office in the Town of

Delaware on the 16th day of June AD. 1866.

This day the last will and testament of James E Gillett late of Scioto Township

in this county deceased was presented to the court for probate and record.

Thereupon William M. Warren and James R. Clark the subscribing witnesses to

the said Will came into court and were duly sworn and examined, and their

testimony reduced to writing and now annexed to the said Will was duly executed and

attested; and that the same testator at the time of executing the same was of

full age, was of sound mind and memory and not under any restraint.

There upon the Court, when upon consideration thereof, orders that the said

Will be admitted to probate as duly proved as the last Will and testament

of the said James E. Gillett decd. and ordered to be recorded as such.

(Copy and record of the will.)

In the Name of the Benevolent Father of All.

I, James E Gillett do make and publish this my last will and testament.

Item 1st. I give and devise to my beloved wife Margaret Gillet in lieu

of her dower the house and lots on which we now reside situate in

Millville, Delaware County, Ohio, containing about one half acre of land

and also two other tracts of land, one containing two & half acres, and the other

ten acres in Survey No. 5323 in said County and State, as an indefeasible

estate in fee simple; and all the house lots goods furnature, provisions

and other goods and chattels which may be on, in, or about said premises,

which belongs to me at the time of my decease; she selling so much

thereof as may be necessary to pay my just debts.

Item 2nd. I give, grant and devise to my wife in her own right all my

notes, money or currency of every description, and debts due me on

book account or otherwise at the time of my decease, hereby au=

=thorizing her to collect the same in her own right and for her own

benefit.

Item 3d. I do hereby appoint my said wife Margaret Gillett Executrix

of this my last will and testament. I desire that no appraisement and no sale of my per=

=sonal property be made, and that no bond be required, and that the Court of Probate

direct the omission of the same.

In testimony hereof I have hereunto set my hand and seal this day of January in the year

1866. (Signed) J.E. Gillet [seal]

Attest. Wm M. Warren

J.R. Clark (end of the Will)


(Record of the testimony) The State of Ohio, Delaware County ss

In the matter of the last will and testament of James E. Gillett of Sciota Township deceased.

We James Clark and William M. Warren being duly sworn in open court this 16th day of June

A.D. 1866 depose and say that we were present at the execution of the last will and testament of James E. Gillett

of Scioto Township hereto annexed; that we saw the said testator subscribe said will and heard him publish and declare

the same to be his last will and testament, and that the said testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint; and that we signed the same as witnesses at his request

in his presence as in the presence of each other. (signed) T.R. Clark

Sworn to & subscribed before me in the Probate Court this 16th day of June AD 1866 Wm M. Warren.

T. W. Powell Probate Judge


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Description

[page 303]

[corresponds to labeled page 271 of Will Records Vol. 4 - 1859-1869]


271

Record of the Will of Arzal Pierce decd. June 19th 1866.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and the state

of Ohio at his office in the Town of Delaware on the 19th

day of June A.D. 1866.

This day the last will and testament of Arzal Pierce late

of Berkshire Township in this county, was presented to the Court

and record. Thereupon John Perfect and Thomas Perfect, the

subscribing witnesses to the will, came into court and were duly

sworn and examined, and their testimony reduced to writing, and

now annexed to the will and filed therewith, and it appearing

to the court that the said will was duly executed and attested,

and that the said testator at the time of executing the same

was of full age, and of sound mind and memory and not

under any restraint; thereupon the court, whose consideration

thereof, orders that the said Will be admitted to Probate as duly

proved as the last will and testament of the said Arzal Pierce

decd. and ordered to be recorded as such.

(copy and record of the will)

In the name of the Benevolent Father of All.

I, Arzal Pierce of Berkshire Township, Delaware County

Ohio, do make and publish this my last will and testament.

Item 1st. I give and devise to my wife in lieu of dower

the farm on which we now reside, situate in Berkshire

township, Delaware County, Ohio; containing about one hundred

and fifty acres during her natural life; and all of the stock,

household goods, furnature, provisions and other goods and

chattels, which may be thereon at the time of my decease

during her natural life as aforesaid; she however selling

so much thereof as may be sufficient to pay my just debts.

At the death of my said wife the real estate aforesaid I give

and devise to my son Washington Pierce and his heirs, by paying to

his two sisters, Emily Pierce and Chloe Pierce five hundred

dollars each.

2nd. I devise and bequeath to my two daughters Lucinda Huff,

and Thalyan Colegrove forty acres of land, lying on the south

side of the road between the school house and Samuel Condy's

land; said bluff to have the west half and Colegrove the east

half by paying to the estate fifty dollars each

Item 3rd. I do also will fifty seven acres of land lying in

Trenton township in said county, lying between James Hoeff

and Jonah Pierce's land, Silas Pierce's widow, Sarah Pierce

and her heirs to have the north part fourteen acres and one fourth

of an acre, also fourteen acres 1/4 to my daughter Annis

Broadwell and her heirs, next to Sarah Pierce's land. Also

fourteen acres 1/4 to Sarah Aley and her heirs, joining

Annas land. Also fourteen acres and fourth of acre to Esther

Willey being the south part of said lot.

Item 4th. I do also will to my wife's daughter Ann Pierce

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 304)

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Description

[page 304]

[corresponds to labeled page 272 of Will Records Vol. 4 - 1859-1869]


272

Record of the will of Arzal Pierce decd. June 19th 1866.


four hundred dollars, to be paid out of my estate when collected.

I do hereby nominate and appoint John Roberts executor

of this my last will and testament; hereby authorizing and em-

-powering him to compromise, adjust, release and discharge

in such maner as he may deem proper the debts and claims

due me.

In testimony whereof - I have hereunto set my hand and seal

this 4th day of September in the year of A.D. 1865.

(signed) Arzal Pierce

Signed and acknowledged by said Arzal Pierce as his last

will and testament in our presence and signed by us in his

presence. (signed) John Perfect

Thomas Perfect. (end of the will).

(Record and copy of the testiony.)

The State of Ohio

Delaware County, Ss In the Probate Court.

In the matter of the last will and testament of Arzal Pierce

late of Berkshire Township deceased.

John Perfect being duly sworn in

open court, this 19th day of June A.D. 1866, deposes and says

that he was present at the execution of the last will and testament

of Arzal Pierce of Berkshire Township hereto annexed, that said

testator, upon our being called into the room where he was,

at his own residence in Berkshire Township, and to us,

(this deponent and his father Thomas Perfect, the two witnesses

to the said will) that the paper hereto annexed as such, was his

will, do not recollect whether I saw him sign it or not, or

whether he said he had signed it, do not recollect, but he

said it was his will; and either he or some one asked us

to sign it as witnesses; do not recollect who it was. We then

and there in his presence signed the same as witnesses; he

saw us do it. I suppose it to be at his request. We signed

it as witnesses in his presence and in the presence of each

other. The said testator was then about seventy years of age,

had been unwell for many years, but was then as usual

about his room. He has been for many years troubled

with tape-worm; do not know whether he was then in sound

mind, capable of making a will or not; do not believe he was

as capable of making a will as he was five

or ten years previous to that time. He was very much reduced

in flesh, the poorest man I ever saw. He had been in the

habit of taking opium to relieve him of the pains of the tape

worm. When under that effects he was quite talkative;

he has good memory in telling stories. On the day of

executing the will, was not talkative. Cannot say how

good his mind and memory was on that day. It was as usual.

He usually attended to his own business, bought and sold

property. He may have been able to make his will, but I do
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Description

[page 305]

[corresponds to labeled page 273 of Will Records Vol. 4 - 1859-1869]

273

not think he was as capable of making a will as

he was five or ten years before that time.

On cross examination say that I do not consider

him then capable of making a will. Do not know of

his attending to his business at that time. Did not do

much or any work at that time; but cannot say but that

he did as much as men usually do at his age. For some

time before that I observed that he was getting worse

and more feeble. It is my opinion now that he was

not capable of making a will for a year or two

before that. For a year or two he did not do so much

work as he did before. Do not believe he did a quarter

as much. He did not at that time do much business. Would

myself do business with him without hesitation, if I had

any to do with him. I think I might cheat him, and

think I had had several opportunities to cheat him,

but would not. And further say not. (signed) John Perfect.

Also at the same time and place came Thomas Perfect

the other witness to said will, and being duly sworn upon his

oath say that he was present at the execution of said will;

do not recollect whether I saw him sign the will or not;

but he said that it was his will; either he or some one

asked me to witness it; cannot recollect who it was or what

was said; we witnessed it in his presence and in the presence of

each other. I sat down at the table and the testator was in

the room while we were witnessing it. He was then about

seventy four years of age. Could not say but that in

mind and memory he was capable of making his

will. And further say not. (signed) Thomas Perfect.

At the time and place came John Roberts, who

being duly sworn deposed and says that some time in September

last I was sent for by Ann Pierce a daughter or step dau=

=ghter of Arzal Pierce to go to his house to draw his will.

Accordingly went. Found him out of his house at work. He

came in, and I proceeded to write his will as he directed. No

one present in his west room of his house. The witnesses were

sent for, who came into the room before I had entirely finished

the will. Pierce, the testator, then sat down at the tablet and signed

and the two witnesses stood behind him and saw him sign it.

I then asked him if he acknowledged it as his last will and

testament; he said he did, and then the said witnesses then signed

signed it as witnesses in his presence. I have been long

acquainted with the said testator and believe him then to be

of sound mind and memory and capable of making his will.

(signed) John Roberts

All subscribed and sworn to me this 19th day of

June A.D. 1866 T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 306)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 306)

Description

[page 306]

[corresponds to labeled page 274 of Will Records Vol. 4 - 1859-1869]


274 Record of the will of John Nutt decd.


Proceedings had before Thomas W. Powell Judge of the Probate

Court within and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 27th day of June 1866.

Will and estate of John Nutt decd.

This day the last will and testament of John Nutt late of

Genoa decd. was presented for probate and Record and thereupon

Alfred McLord and Asa Wickham. Witnesses to said Will

came into Court and were duly sworn and examined and their

testimony was reduced to writing, and now annexed to the

will and filed therewith, and it appearing that said will was

duly executed and attested and that the testator at the time of

executing the same was of full age and of sound mind and

memory and not under any restraint the Court thereupon

orders that said will be admitted to Probate as duly proved

as the last will and testament of said John Nutt decd. and

ordered to be recorded as such.

T W Powell. Probate Judge.

(Copy and Record of the Will)

In the name of the benevolent father of all, I John Nutt of

Genoa do make and publish this my last will and testament

First it is my will that my Just debts and charges be

paid out of my Estate.

Item I give and devise all the residue of my estate to Hanna

my wife, to be, to her and her heirs forever.

Item I appoint and make the said Hanna Executrix of

this my last will and testament.

In testimony hereof I have hereunto set my hand and seal this

20 day of June in the year 1860

John Nutt {seal}

Signed and acknowledged by John Nutt as his last will

and testament in our presence and signed by us in his

presence

Asa Wickham

Alfred McLeod. (end of the will)

(Record and copy of the testimony)

The State of Ohio )

Delaware County Ss )

In the matter of the last will and testament of John Nutt

of Genoa Township deceased. We Asa Wickham and

Alfred McLeon being duly sworn in open court this 27th

day of June A.D. 1866, depose and say that we were present

at the execution of the last will and testament of John

Nutt of Genoa township hereto annexed. That we saw the

said testator subscribe said will and heard him publish

and declare the same to be his last will and testament and

said testator at the time of executing the same was of full

age and sound mind and memory and not under any restraint

and that we signed the same as witnesses at his request and in
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 307)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 307)

Description

[page 307]

[corresponds to labeled page 275 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Nutt decd 275


his presence and in the presence of each other

Alfred mcLeod

Asa Wickham

Sworn to and subscribed before me in the Probate Court this

27th day of June A.D. 1866.

T M Powell Probate Judge


Record of the Will of Jacob Felkner decd.


Proceedings had before Thomas W Powell Judge of the Probate

Court within and for the County of Delaware and State of Ohio at his

office in the town of Delaware in the 30th day of June 1866.

Will and Estate of Jacob Felkner decd.

This day the last will and testament of Jacob Felkner decd

late of Scioto Township in this county decd was presented to this

Court for Probate and Record Thereupon James Dodds and James

M Snodgrass witnesses to the said will came into Court and

were duly sworn and examined and their testimony reduced to

writing and now annexed to the will, and filed therewith and it

appearing to the Court that the said will was duly executed and

attested and that the said testater at the time of executing

the same was of full age and of sound mind and memory

and not under any restraint thereupon the Court upon con=

=sideration thereof orders that the said will be admitted to

Probate as duly proved as the last will and testament of the

said Jacob Felkner, decd and ordered to be recorded as

such (no letters issued)

T W Powell Probate Judge

(Copy and Record of the Will)

I Jacob Felkner of the County of Delaware and State of Ohio

do make and publish this my last will and testament in

manner and form as follows, that is to say.

first It is my will that my former expences and all my

Just debts be fully paid

Second I give devise and bequeath to my oldest son Ben=

-jamin M Felkner the lot of land lying north of the home=

lot I now live on.

Third I give and devise to my son William M Felk=

=ner the lot of land he how lives on.

Fourth I give and devise to my son Lewis Felkner the lot

of land he now lives on.

Fifth I give and devise to my son Jacob L Felkner the

the lot of land he now lives on. Sixth I give and devise

to my son Henry B Felkner the lot of land he formerly

lived on lying west of Jacob L Felkner. lot in Union

County. Seventh I give and devise to my son Francis

M Felkner the home lot I now live on Eight I give

and devise to my son Joseph M Felkner the north lot.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 308)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 308)

Description

[page 308]

[corresponds to labeled page 276 of Will Records Vol. 4 - 1859-1869]


276 Record of the Will of Jacob Felkner decd


joining Benj. Carver south line also I devise and bequeath to

my sons Benjamin M and Francis M Felkner each of them

one cow, bedstead bed and beding, also I give and devise

to my son Jospeh M Felkner one bedsted, bed and beding

and one Rifle gun. I also devise and bequeath to my son

Francis M Felkner the Family Bible the Clock, the Kitchen

Cupboard and Close Cupboard and new fanning mill.

I also devise and bequeath to my daughter Margaret M Felk

=ner one young Bay horse saddle and Bridle one bed stead and

beding her choice of a Cow, One bureau. Also one set of Blue

China ware I Also devise and bequeath to my two sons Ben=

-jamin M Felkner and Francis M Felkner each One half of

all the grains on hand and all the grain growing in the

ground. Also all property not named is to be sold. One

Hundred of the sale money I divise and bequeath to my

Daughter Margaret W Felkner. if the sale money does not

amount to one Hundred dollars the above amount is to be made

up to her by my six youngest sons Equaly parts each. if the

money should be more than one hundred dollars I divise and

bequeath to Lucy Jane Kelly twenty dollars if there should be

that amount the above named twenty dollars so appropriated

my Executor shall keep in Interest until she Lucy Jane Kelly

comes to lawful age, if she should not live to that time then

said amount appropriated to foreign Mission Preysbyterian.

if there should be any amount over the above mentioned Hun=

=dred and twenty dollars, then the ballance Equally divided among

all my Children above mentioned Lastly I hereby Constitute

and appoint my son William M Felkner to be my Executor for

this my last will and testament revoking and annulling all

former wills by me made and ratifying and Compromising this

and no other to be my last will and testament. In testimony

whereof I have hereunto set my hand and seal this thirty first

day of December one thousand Eight hundred and forty nine

Attested His

James M Snodgrass. Jacob x Felkner

mark

Signed Published and declared by the within named

Jacob Felkner as and for his last will and testament in

presence of us. who at his request have signed as witnesses

to the same

James Dodds

J M Snodgrass.

(end of the will)

The State of Ohio )

Delaware County Ss )

In the matter of the last will and testament of

Jacob Felkner late of Scioto Township deceased.

We James Dodds and James M Snodgrass being duly sworn

in open Court this 30th day of June A.D. 1866, depose

and say, that we were present at the execution of the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 309)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 309)

Description

[page 309]

[corresponds to labeled page 277 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Jacob Felkner decd 277


last will and testament of Jacob Felkner of Scioto township

hereto annexed, that we saw the said testator subscribe said

will and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time

of executing the same was of full age and of sound mind and

memory and not under any restraint and that we signed

the same as witnesses at his request and in his presence

and in the presence of each other which was alive on or about

the 31st day of December A.D. 1849.

James Dodds

James M. Snodgrass

Sworn to and subscribed before me in the Probate Court this

30 day of June A.D. 1866.

T W Powell. Probate Judge.


Will and Estate of Eve M Yeager, decd


Proceedings had before Thomas W Powell Judge of the Probate

Court within and for the County of Delaware and State of

Ohio at his office in town of Delaware on the 27th day of July 1866.

Will and Estate of Eve M Yeager decd

This day the last will and testament of Eve M Yeager late

of Delaware in this County decd. was presented for Probate and Record

in this Court. Thereupon James Eaton one of the subscribing witnesses

to the said will appeared in Court and was duly sworn and

examined and his testimony reduced to writing and annexed to

the will and with the same filed and it appearing that the

other two witnesses to said will were absent out of the County

that Martin Blair one of said witnesses was a resident of Delaware

County in the State of Indiana, and motion a Commission was issued

to the Clerk of the District Court at Muncie in the said

county of Delaware in the said State of Indiana, to take the

testimony and Deposition of the said Martin Blair as the

third witness to the said will has gone to parts unknown

further consideration of this matter is continued to await

the return of the said Commission etc

T W Powell pro Judge.

(copy and Record of the Will)

Will

I Eve M Yeager of Delaware, Delaware County State

of Ohio, being of sound & deposing mind memory and

understanding do make publish and declare this to be my

last will and testament hereby revoking and making

null and void all former last will & testament by me

heretofore made.

My will is first that my funeral charges and just

debts shall be paid by my Executor hereinafter named

The residue of my Estate and property which Shall not

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 310)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 310)

Description

[page 310]

[corresponds to labeled page 278 of Will Records Vol. 4 - 1859-1869]

278
Will and Estate of Eve M Yeager decd

be required for the payment of my Just debts, funeral charges

and the expense attending the execution of this my will and

administration of my Estate. I give, devise and dispose

thereof as follows Vix.

1st. I give and bequeath to my son John D Yeager

the sum of three Hundred dollars or one equal half of what

may be remaining after my death of two notes of hand

givin by Lewis Smith dated March 7 1865, for three hundred

dollars each.

2. I give & bequeath to my daughter Sevelia Smith wife of

Lewis Smith the sum of three hundred dollars or one equal

half of the two above mentioned notes that may be remain=

=ing after my death.

3. I give and bequeath to my Daughter J. Frederica

Shindollor the sum of Ninety nine dollars.

4th I also give and bequeath to my said son John D.

Yeager one bed bed stead and bedding he to have his

choice of all my beds, bedsteads and bedding also my

Beaurau & Clock

5th the remaining part of all my household property is to

equally divided between my said son John D Yeager

and My Daughter Sivilia Smith wife of Lewis Smith

aforesaid

And I do nominate and appoint George P Breyfogle of

Delaware Ohio my sole Executor of this my last Will and

testament. In testimony whereof I the said Eve M

Yeager have hereunto subscribed my name and affixed my seal

this seventh day of March A.D. 1865.

Eve M Yeager {seal}

Signed sealed & declared by the said Eve M Yeager to be her

last will and testament in presence of us who at her request

and in her presence have subscribed our names as witnesses

hereto in the presence of each other

James Eaton

Martin Blair

Joel E Schlegel

(End of the Will)

(Record and Copy of the testimony)

The State of Ohio Delaware County Ss.

In the matter of the last will and testament of Eve M Yeager

Late of Delaware Ohio deceased

I James Eaton being duly sworn in open Court this 7th

day of July 6 A D 1866. depose and say that we, this deponent, Martin

Blair and Joel E Schlegel were present at the execution of

the last will and testament of Eve M Yeager of Delaware Ohio

hereto annexed, that we saw the said testator subscribe said

will and hear her publish and declare the same to be her

last will and testament and that the said testator at the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 311)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 311)

Description

[page 311]

[corresponds to labeled page 279 of Will Records Vol. 4 - 1859-1869]


Will and Estate of Eve M Yeager decd. 279

the time of Executing the same was of full age and of sound mind

and memory and not under any restraint and that we

signed the same as witnesses at her request and in her presence and

in the presence of each other

James Eaton

Sworn to and subscribed before me in the Probate Court this

7th day of July A.D. 1866.

T W Powell Pro Judge.

The State of Ohio Delaware County Ss.

In the Probate Court.

To the Clerk of the Circuit Court at Muncie

in Delaware County Indiana. Placing special confidence

in your integrity and ability the said court of probate in and

for the said County of Delaware and state of Ohio do hereby

appoint authorize and commission you to take the testi=

=mony of Martin Blair one of the subscribing witnesses to the

last Will and testament of Eve M. yeager late of Delaware, Ohio

hereto annexed, as to the execution and attestation of the said

Will, and for that purpose you are authorized to call the

said Martin Blair before you and administer, to him the

proper oath or affirmation and reduse his testimony to writing

and return the same to this Court enclosed under your seal

and for so doing this shall be your ample Commission

{seal} In testimony thereof I have Thomas W Powell

Judge of the said Probate Court have hereunto set

my hand and affixed the seal of the said

Court at Delaware Ohio this 7th day of July A.D. 1866.

T W Powell Probate Judge.

Return to the within Commission

I George W Spilker clerk of the Circuit Court at Muncie in

the County of Delaware and State of Indiana do hereby return

and certify that in persuance of the within Commission I

caused Martin Blair to come before me and being by me

duly sworn and examined as to the execution and attestation

of the said will of Eve M Yeager and reduced the same to

writing and certified and annexed to the said will, and

hereto attached will by me sealed up and enclosed to the

Probate Court of Delaware County and State of Ohio

{seal} Witness my hand this 25 day of July

AD 1866.

{U S stamp} Geo W Spilker Clk.

{ 5 lets }

the State of Ohio )

Delaware County Ss ) in the matter of the last will and

Testament of Eve M Yeager late of Delaware Ohio deceased

I Martin Blair being duly sworn before Geo W Spilker Clerk

of the Circuit Court at Muncie Delaware Co Indiana this 25th

day of July A.D. 1866, depose and say that we this deponent
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 312)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 312)

Description

[page 312]

[corresponds to labeled page 280 of Will Records Vol. 4 - 1859-1869]


280 Will and Estate of Eve M Yeager decd


James Eaton and Joel E Schlegel were present at the execution

of the last Will and testament of Eve M Yeager of Delaware

Ohio hereto annexed that we saw the said testatrix subscribe

said will and heard her publish and declare the same to be

her last will and testament and that the said testator at the

time of executing the same was of full age and of sound mind

and memory and not under any restraint and that we

signed the same as witnesses at her request and in her

presence and in the presence of each other, and that the

same was done at Delaware, Ohio on or about the seventh day

of March 1855, the date thereof when and where this deponot

was a witness thereto

Martin Blair

Sworn to and subscribed before me the Commissioner in the Com-

-mission named this 23th day of July A.D. 1866. Witness

my hand and the seal of the Circuit Court.

Geo W Spilner

the Commissioner

{seal} {US Stamp}

{ 5 lets }

and afterwards to wit in the 27 day of July 1866. the fol-

-owing order was made in the Journal of the Court to wit.

Will and Estate of Eve M. Yeager decd.

This day the Commission heretofore issued to the Clerk of the

Circuit Court at Muncie in the county of Delaware in the

State of Indiana to take the deposition of Martin Blair One

of the subscribing witnesses to the said Will was duly

returned with the testimony of the said Blair duly taken

and reduced to writing and it now appearing to the Court that

the said will was duly executed and attested and that the

testatrix at the time of executing the same was of full age

and of sound mind and memory and not under any re-

-straint. thereupon the Court upon consideration orders that

the said will be admitted to probate as duly proved as the

last will and testament of the said Eve M Yeager decd

and ordered to be recorded as such (no letters issued)

T W Powell Probate Judge

____________________________________________________________________

Will and Estate of James Shea decd


Proceedings had before Thomas W Powell Judge of the

Probate Court within and for the County of Delaware. State of

Ohio at his Office in the Town of Delaware on

Will and Estate of James Shea decd

This day the last Will and testament of James Shea late of

Delaware in the County decd was presented for probate and

Record thereupon Patrick Doyle and John Shea this of

the subscribing witnesses thereto came into Court and were

duly sworn and examined and this testimony reduced to

writing. filed with the said will and annexed thereto and


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 313)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 313)

Description

[page 313]

[corresponds to labeled page 281 of Will Records Vol. 4 - 1859-1869]


Will and Estate of James Shea decd 281


it appearing to the Court the said will was duly executed and

attested and that the testator at the time of executing the

same was of full age and of sound mind and memory and

not under any restraint. Thereupon the Court upon consider-

-ation thereof orders that the said will be admitted to

probate as duly proved as the last will and testament of

the said James Shea decd. and ordered to be recorded as such

Thereupon Rev Henry Fehlings executor named in the

will appeared and accepted the said trust and gave bonds

in the sum of $1300 with Martin Miller and John Shea

in sureties letters testamentory were then duly issued to him

as such Executor.

TW Powell. Probate Judge

(Copy and Record of the Will).

In the name of the Benevolent Father of all I hereby on

this day the 10th of July A.D. 1866. Made my last will with

perfect and full consideration as follows.

1 I appoint Rev Henry Fehlings as Executor of this my

last will.

2 I have in my posession a Check in the Franklin Na-

-tion Bank of Columbus O. of seven hundred dollars ($700)

and I have in cash money one hundred and eighty dollars

($180.) I authorize H Fehlings to draw the mentioned $700.

out of the Bank at any time he please I have also handed

over to the same H Fehlings the $180.

3 H Fehlings shall take care that my corps will be buried in

the Catholic Grave Yard of Columbus O. and that all other

expences connected with the burial shall be regulated by him

according his own judgement. I allow him the sum of about

$100. for my funeral expences. I allow him also fifty dollars

for my tomb stone and twenty dollars that Masses may be

offered up for the repose of my soul.

4 Henry Fehlings shall also take care that the Bill of my

Physician and that of N. John Shea will be paid.

5 I bequeath to my Brother Martin Shea living at present

in Cincinnati the sum of three hundred dollars $300.

b) to my Aunt Mary Doyl living at present in Columbus

the sum of fifty dollars $50.

c) to the Cath. Orphans in the Asylum of Cummingsville near

Cincinnati the sum of fifteen Dollars $15.

d) To Rev H Fehlings for St. Marys Congregation of Delaware

the sum of Twenty Dollars $20.

e) all the money what may be left after all the mentioned

sums have been paid and after all the other expences have been

deducted. to my mother Catherine Shea (Doyl) living at present

in Ireland.

Viz) If my mother should be dead then the ballance of the

money shall be given to my Brother Martin. Delaware July


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 314)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 314)

Description

[page 314]

[corresponds to labeled page 282 of Will Records Vol. 4 - 1859-1869]


282 Will and Estate of James Shea decd


10th 1866.

James Shea

witnesses

Patrick Doyle

John Shea. (End of the Will)

(Record and Copy of the Testimony)

The State of Ohio }

Delaware County Ss} In the matter of the last will and testament

of James Shea late of Delaware in this the County. deceased.

We Patrick Doyle and John Shea being duly sworn in

open Court this 18th day of July 1866 depose and say that

we were present at the execution of the last will and testament

of James Shea of Delaware hereto annexed. That we saw the

said testator subscribe said will and heard him publish

and declare the same to be his last will and testament and

that said testator at the time of executing the same was of full

age and of sound mind and memory and not under any

restraint. and that we signed the same as witnesses at his

request and in his presence and in the presence of each other

Patrick Doyle

John Shea

Sworn to and subscribed before me in the Probate Court this

18th day of July.

TW Powell Probate Judge.

________________________________________________________

Will and Estate of Sylvester Orcutt decd.

Proceedings had before Thomas W Powell Judge of the Probate

Court within and for the County of Delaware and state of Ohio

at his office in the town of Delaware in the 4th day of Aug 1866.

Will and Estate of Sylvester Orcutt decd

This day the last will and testament of Sylvester Orcutt decd

late of Berkshire Township in this County decd was presented

for Probate, and Record Thereupon Samuel Whitney and William

Totten the witnesses to the said will came into Court and were

duly sworn and examined and their testimony reduced to

writing and now annexed to the will and filed therewith and

it appearing to the Court that the said will was duly executed

and attested and that the testator at the time of executing was of

full age and of sound mind and memory. and not under any

restraint thereupon the Court upon consideration thereof orders

that the said will be admitted to Probate as duly proved as the

last will and testament of the said Sylvester Orcutt decd and

ordered to be recorded as such (no letters issued)

TW Powell Probate Judge

(Copy and Record of the Will)


I Sylvester Orcutt of Berkshire Township Delaware

County Ohio do make publish and declare this my last will

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 315)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 315)

Description

[page 315]

[corresponds to labeled page 283 of Will Records Vol. 4 - 1859-1869]


Will and Estate of Sylvester Orcutt Decd. 283


revoking any and all other wills by me made at any former

time. Item 1st I give and bequeath unto my son Munroe

Orcutt all of my Personal property of every description also

Also the undivided three fourths of the farm on which I now

reside being one hundred and sixty /160/ acres and is in

Range 17 township 4 Section 2 and parts of lots 7 & 8 second

two of lots and is the same land deeded by Bergman Beaver

and wife to Me. These bequests are upon these conditions 1st

my said son Monroe is to cause all just debts against me

to be fully paid. 2 he is to pay the following legacies Viz

To my Daughter Narcissa Lampman Two hundred

dollars. One hundred dollars to be paid at the expiration

of first year after my decease and the ballance one

hundred dollars five years after my decease.

3d He is to pay to my Daughter Samantha Jenkins one

hundred and fifty /150/ dollars the same terms of payment

as Narcissa Lampmans

4th He is to pay to my Grandson Charles Landon fifty

dollars the same terms of payment as Narcissa Lamp-

-man. 5th he is to divide the house hold goods that

belongs to me equally with my daughter Emily. Lastly

to erect a plain suitable Tomb stone over my grave.

Item 2 I give and bequeath unto my daughter Emily

Orcutt the ballance of my Real estate being the undivided

one fourth of the same as before described she having

the Privilege of the dwelling house a suitable and fair portion

of the same for a home as she remains single if she mar-

-rys then to have her undivided one fourth part of the

real estate.

She is to have the undivided one half of the household goods

for her use and benefit forever.

item 3d I do nominate and appoint my son Munroe

Orcutt Administrator of this my last will and testament

In testamony whereof I have hereunto set my hand

and seal this 10th day of December 1862.

Sylvester orcutt {seal}

Signed Sealed and acknowled by said Sylvester Orcutt

as his last will in our presence and we witnessed the

same at his request in his presence.

Samuel Whitney

William Totten

The State of Ohio } (Copy and Record of the testimony)

Delaware County Ss}

In the matter of the last will and testament of Sylvester

Orcutt late Berkshire Township deceased.

We Samuel Whitney and William Totten being duly

sworn in open Court this 4th day of August AD 1866.

depose and say that we were present at the execution of the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 316)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 316)

Description

[page 316]

[corresponds to labeled page 284 of Will Records Vol. 4 - 1859-1869]


284 Will and Estate of Sylvester Orcutt decd


last will and testament of Sylvester Orcutt of Berkshire hereto

annexed that we saw the said testator subscribed said will

and heard him publish and declare the same to be his last

will and testament and that the said testator at the time of

executing the same was of full age and of sound mind and

memory and not under any restraint and that we signed

the same as witnesses at his request and in his presence and

in the presence of each other

Samuel Whitney

William Totten.

Sworn to and subscribed before me in the Probate court this

4th day of August AD. 1866.

TW Powell Probate Judge.

_________________________________________________________________________



Will and Estate of Mrs. Emma Ridgway decd.

Proceedings had before Thomas W Powell Judge of the Probate

Court Within and for the County of Delaware and state of

Ohio at the Office in the town of Delaware on the 7th day of

August 1866.

This day Thomas J Ridgway presented to the Court the

last Will and testament of Mrs. Emma Ridgway his late Wife

decd. for Probate and Record. Thereupon Alexander Dunlap

and David S Hammond Witnesses to the said Will

came into Court and Were duly sworn and examined and

their testimony reduced to Writing and now annexed to the

Will and filed therewith and it appearing to the Court

that the said Will Was duly executed and attested and that

the testatrix at the time of executing the same Was of full

age and of sound Mind and Memory and not under any

restraint thereupon the Court upon consideration thereof

Orders that the said will be admitted to Probate as duly

proved as the last Will and testament of the said Emma

Ridgway decd. and Ordered to be recorded as such

Thereupon letters testamentary Were granted to Thomas

J Ridgway the Executor named in the Will Who gave

bonds in the sum of $2000. with Pictin D Hillger and William

E Dunn his surities no appraisiment or Inventory at present

Required

TW Powell Probate Judge.

(copy and Record of the Will)

I Emma Ridgway Wife of Thomas J Ridgway of the

Town of Delaware in the County of Delaware in the State

of Ohio. do make and publish this My last Will and

Testament in manner and form following that is to

say First it is My Will that My funeral

expenses and all My just debts be fully paid

Second After paying said funeral expenses and

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 317)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 317)

Description

[page 317]

[corresponds to labeled page 285 of Will Records Vol. 4 - 1859-1869]

Will and Estate of Mrs Emma Ridgway decd 285


and just debts as aforesaid I give devise and bequeath

to my beloved husband Thomas J Ridgway all my

lands. tenaments. heriditments. rents. goods. chattels.

rights. credits. choices in possession or in action and all

My property. Estate. and effects. real and personal of any

every sort and description Whether in possession remainder

or [illegible] Whereon situated

Third I hereby nominate and appoint My said be-

-loved husband Thomas J Ridway to be the Executor

of this My last Will and testament

In testimony Whereof I have hereunto set

My hand and seal this 8th day of August AD. 1866

Emma Ridgway {seal}

Signed sealed published and declared by the above

named Emma Ridway as and for her last Will and

testament in presence of us who saw her subscribe her

name to the same and Who at her request have signed

as Witnesses to the same in her presence and in the

presence of each other this 8th day of August in the

Year of our Lord One thousand eight hundred and sixty

five

Alex Dunlap

David S Hammond

(end of the Will)

The State of Ohio } (Record and Copy of the testimony)

Delaware County Ss}

In the Matter of the last Will and testament of

Emma Ridgway deceased late of Delaware Ohio

deceased. We Alexander Dunlap and David S

Hammond being duly Sworn in open Court this 7th day

of August A.D. 1866 depose and say. that We Were present

at the execution of the last Will and testament of Emma.

Ridgway of Delaware hereto annexed that We saw the said

testatrix subscribe said Will and heard her publish and

declare the same to be her last Will and testament at the

time of executing the same Was of full age and of sound mind

and memory and not under any restraint and that

We signed the same as Witnesses at her request and in

her presence and in the presence of each other

Alex Dunlap

David S Hammond

Sworn to and subscribed before me in the probate Court this

7th day of August AD. 1866.

TW Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 318)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 318)

Description

[page 318]

[corresponds to labeled page 286 of Will Records Vol. 4 - 1859-1869]


286 Will and estate of Mrs Margaret Elliott decd.


Proceedings had before Thomas W Powell of the Probate

Court Within and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 8th day of September 1866.

This day the last Will and testament of Margarate

Elliott late of Orange Township in this County decd. Was

presented to the Court for Probate and Record Thererupon Lucius

F Strong and William G Knight Witnesses to the said Will

came into Court and Were duly Sworn. and examined and their

testimony reduced to Writing and now annexed to the Will and

filed therewith. And it appearing to the Court that the said

Will Was duly Executed and attested and that the Testatrix

at the time of executing the same Was of full age and of sound

Mind and Memory and not under any restraint. Thereupon

the Court upon consideration thereof orders that the said Will

be admitted to Probate as duly proved as the last Will and

testament of the said Margaret Elliott decd and ordered

to be recorded as such

Thereupon letters testamentary Were granted and is-

-sued to Daniel Kelley the Executor named in the Will Who

entered into bonds in the sum of $1500. With Lucius F Strong

and William G Knight his surities and the Court appointed

L.C. Strong A.M. Shaw and Franklin Kenyon appraisers

of the said estate

TW Powell. Pro Judge.

(Copy and Record of the Will)

I the name of the Benevolent Father I Margaret

Elliott do make and publish this My last Will & testament

I give and bequeath to My son Alex L Elliott the

Desk One large Rocking Chair. the Red Bed Stand.

to Margaret M Smith My Daughter, the Couch and to my

daughter Emily Jane and Eurline Elliott as follows the Cot=

-tage Bed Stand. three feather Beds With Pillows and Beding

to furnish two of said beds. the Carpets in the Front Rooms

and Looking Glasses in said Rooms. Eight Cain seat

Chairs twelve silver Tea spoons the Center table. One Wash

Stand and all the [Gus ?] I have and to my son Eli E Elliott

I give the Bureau the sofa the loung & one yearling Calf

the balance of the househould goods and of Stock to be

equally divided between the above named. after paying all

legal claims With My funeral expenses Grave Stones etc

It is also My Wish & I do hereby appoint D Kelley

as My Executor.

Margaret Elliott

Made in the presence of

L F Strong

W G Knight

(End of the Will)

(Copy and Record of the testimony)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 319)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 319)

Description

[page 319]

[corresponds to labeled page 287 of Will Records Vol. 4 - 1859-1869]


Will and Estate of Margaret Elliott decd. 287

The State of Ohio }

Delaware County Ss }

In the Matter of the last Will and testament of Margaret

Elliott late of Orange Township in this County deceased.

We Lucius F Strong and William G Knight being

duly sworn in open Court this 8th day of September A.D.

1866 depose and say that We Were present at the execution

of the last Will and testament of Margaret Elliott of

Orange Township hereto annexed. that we saw the said

testatrix subscribe said Will. Which Was done by her dau-

ghter Mariah at the testatrix request in her presence. and

heard her publish and declare the same to be her last

Will and testament and that the said testatrix at the time

of executing the same was of full age and of sound mind

and Memory and not under any restraint and that we

signed the same as witnesses at her request and in her

presence and in the presence of each other.

L F Strong

W G Knight

Sworn to and Subscribed before me in the Probate Court

this 8th day of September A.D. 1866.

TW Powell. Probate-Judge


__________________________________________________________________


Record of the will of David Wollam decd.

Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the County of Delaware and

the state of Ohio, at his office in the Town of Delaware

on the thirteenth day of September A.D. 1866.

This day the last will and testament of David Wollam

late of Concord Township in this County decd was presented

to the Court for probate and record. Thereupon L.T.

Glick and Joseph Stone the subscribing witnesses to the said

Will, came into Court, and were duly sworn and examined,

and their testimony reduced to writing, and now annexed to

the said will, and filed therewith; and it appearing to the Court

that the said will was duly executed and attested, and that the

said testator at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint;

thereupon, upon consideration thereof, the Court orders the said

Will to be admitted to probate as the last will and testament of

the said Daniel Wollam decd. and ordered to be recorded as such.

(Record of the will)

In the name of the Benevolent Father of all.

First. It is my will that my just debts and all charges be

paid out of my estate.

Item. I give and devise all the residue of my estate

to Dierlinda C. Wollam my wife and her heirs. In testimony

hereof I have hereunto set my hand and seal, this 29th day of Aug. A.D. 1866.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 320)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 320)

Description

[page 320]

[corresponds to labeled page 288 of Will Records Vol. 4 - 1859-1869]


288

Record of the will of Daniel Wollum decd. Sept. 13th 1866.

(The will of Daniel Wollam decd.) Continued)

(signed) Daniel Wollam.

signed by L.T. Glick and acknowledged by said }

Daniel Wollam as his last will and testament }

in our presence and signed by us in his presence.}

(Signed) L. T. Glick

Joseph Stone. } (end of the will.)

(Record of the evidence)

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Daniel Wollam decd.

late of Concord Township deceased.

We Lyman T. Glick and Joseph Stone being duly sworn

in open Court this 13th day of September AD. 1866 depose and

say that we were present at the execution of the last will

and testament of Daniel Wollam of concord Township

in this County hereto annexed; that we saw the said testator sub-

-scribe said will and heard him publish and declare the same

to be his last will and testament; and that the said testator

at the time of executing the same was of full age and of sound

mind and memory and not under any restraint, and that we

signed the same as witnesses at his request and in his presence

and in the presence of each other. (signed) L.T. Glick

Joseph Stone.

Sworn to and subscribed before me in the Probate Court this 13th

day of September AD. 1866. TW Powell Probate Judge.


_________________________________________________________________


Record of the will of John Watters decd.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of Ohio

at his office in the Town of Delaware on the 15th day

of September A.D. 1866. to wit:-

This day the last will and testament of John Watters late of

Brown Township in this County decd. together with the Codicil

thereto written on the same sheet of paper, was presented to the

court for probate and record. Thereupon William Williams

and William W. Williams the two subscribing witnesses to the said

will and codicil, came into court and were duly sworn and

examined, and their testimony reduced to writing, and now annexed

to the said will and filed therewith, and it appearing that the said

will and codicil were duly executed and attested; and that the said tes-

-tator at the time of executing the same was of full age and of

sound mind and memory, and not under any restraint. thereupon

the Court, upon consideration, orders that the said will and

codicil be admitted to probate as duly proved as the last will

and testament of the said John Watters decd. and ordered to

be recorded as such.

(Record of the will continued over)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 321)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 321)

Description

[page 321]

[corresponds to labeled page 289 of Will Records Vol. 4 - 1859-1869]


289.

Record of the will of John Watters decd. September 15th 1866

In the name of the Benevolent Father of all.

I John Watters of the County of Delaware and State of Ohio

do make and publish this my last will and testament.

Item 1st. I give and devise to my beloved wife one third of

all the real estate I now own; it being lot eleven in section

one, Township five, Range eighteen in the said county and

State being the farm on which I now reside, containing one

hundred acres of land in all. during her natural life.

I also bequeath to my said wife as long as she may rem-

-ain my widow or in case she does not marry again then

during her natural life, all the stock, provisions, house lots

and kitchen furniture and other goods and chattels, which

may belong to me at the time of my decease; except that

which is otherwise disposed in item record in this will.

At the death or intermarriage of my said wife, such

part of the personal property or the proceeds thereof as may

then remain unconsummed or unexpended, it is my will, shall

be equally divided among my heirs.

Item 2nd. I devise and bequeath to my son Hugh K. Watters and

his heirs, the above described farm on which I now reside,

subject to the above mentioned dower of my said wife I

also give and bequeath to my said son Hugh K. Watters

all my farming utensils, and after my said wife shall

first take her choice of the houses, then said Hugh K. Watters

shall have one house if any remain for him at

my decease. I have given to my daughters Mary Ann

Walker, Hannah McDowell, Sarah Elliott and Jane

McCurdy each the sum of Two hundred & fifty dollars

and now I devise and bequeath to my infant daughters

Phebe Watters age fifteen years the sum of two hundred

and fifty dollars with interest from this date until she

becomes of age. I also devise and bequeath to my infant

daughter Naomi, aged seven years the sum of two hundred

and fifty dollars with interest from this date until she

becomes of age.

Item 3rd. I hereby commit the guardianship of my said infant

daughters until they respectively become of age unto my beloved

wife during her life, if she shall so long continue my widow;

in case of her death or intermarriage, then unto my son

Hugh K. Watters.

In testimony whereof I have hereunto set my hand & seal this 31st

day of May 1855. (signed) John Watters {seal}


Signed & acknowledged by said

John Watters as his last will and testament

in our presence and signed by us in his presence.

(Signed) Wm Williams } (End of the Will)

Wm W. Williams}

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 322)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 322)

Description

[page 322]

[corresponds to labeled page 290 of Will Records Vol. 4 - 1859-1869]


290
Record of the will of John Watters decd. September 15th 1866.

(Copy and Record of the will and codicil continued.)


Whereas I, John Watters of the County of Delaware and

State of Ohio, have made my last will and testament in writing

on this sheet bearing date May 31st 1855, I did then bequeath

to my daugher Naomi Watters then age seven years, the

sum of two hundred and fifty dollars with interest from

the date of the said will until she became of age.

Since the date of said will (to wit,) December 7th 1860, I

purchased in company with my daughter Phebe Watters, now

of age about twenty four acres of land in Oxford township for

which we paid the sum of four hundred and ninety, my daughter

Phebe paying two hundred and forty five dollars, and I paid for my

daughter Naomi the sum of two hundred and forty five dollars,

and had the deed for the same made by C.D, Williams to my

said Daughters equally. I do by this writing which I hereby

declare to be a codicil to my last will and testament will be

taken as a part thereof.

I do hereby order and declare that my will is that only the sum

of ninety five dollars with interest from and after the first day

of April 1861 be paid into my said daughter Naomi as the

balance in full of said legacy. In testimony hereof- I have

hereunto set my hand and seal this 12th day of December 1860.

(Signed) John Watters {seal}

Signed & acknowledged by said John Watters as his last will }

and testament in our presence and signed by us in his presence }

(Signed) Wm Williams }

Wm W. Williams } (End of the will.)

(Copy and record of the testimony to wit.)

The State of Ohio, Delaware County, Ss.

In the matter of the last will and testament of John Watters late of Brown

Township deceased.

We William Williams and William W. Williams being duly sworn

in open court this 15th day of September A.D. 1866, depose and say

that we were present at the execution of the last will and testament

of John Watters of Brown Township hereto annexed; that we saw the

said testator subscribe said will and heard him publish and declare

the same to be his last will and testament, and that the said testator

at the time of executing the same was of full age and of sound

mind and memory and not under any restraint, and that we

signed the same as witnesses at his request and in his presence and

in the presence of each other; and we say the same as to the codicil

thereto attached on the same sheet of paper.

(signed) Wm Williams

Wm W. Williams

Sworn to and subscribed before me in the Probate Court this 15 day

of September A.D. 1866. TW Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 323)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 323)

Description

[page 323]

[corresponds to labeled page 291 of Will Records Vol. 4 - 1859-1869]


291

Record of - the Will of - William Owston decd. September 17th 1866.


Proceeding had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and the state of Ohio, at his

office in the town of Delaware on the 17th day of September

A.D. 1866.

this day the last will and testament of William Owston late of

Delaware decd. was presented to the court of probate and record. There-

-upon John Vogt and Owen Heller the two subscribing witnesses to

the said will came into court, and were duly sworn and exam-

-ined, and their testimony reduced to writing, and now annexed to the

said will and filed therewith; and it appearing to the Court that the

said will was duly executed and attested; and that the said testator

at the time of executing the same was of full age, and of sound

mind and memory, and not under any restraint. Thereupon

the court upon consideration thereof orders that the said will

be admitted to probate as duly proved as the last will and testa-

-ment of the said William Owston decd. and ordered to be recorded as

such. which will is so recorded as follows, to wit.--

In the name of God, Amen. I, William Owston of the town and

county of Delaware and State of Ohio; being weak in body. but of sound

and disposing mind and memory, do make and publish this my last will and

testament: - hereby revoking and annulling all other and former wills

by me made.

First, I will and direct that all my just debts and funeral

expenses be first paid out of my estate.

Item Second. I give and devise unto my beloved wife Eliza Owston

the sum of One thousand dollars to be paid her by my executor, which

sum of One thousand dollars is to be in lieu of her dower in my

real estate as well as in lieu of her distributive share in the

personal estate.

Item Third- I give and devise all the rest and residue of my

estate both real and personal unto my children Thomas Owston, Henry

Owston, William Owston and Charles Owston, and unto the children of

Martha Kruick, share and share alike, to be equally divided be-

-tween them except that the children of the said Martha Kruick

shall receive together the same share that I give and devise

unto each of my said sons, to wit, the interest of one fifth in

the said residue of my said estate; and as to said portion

devised to said children of said Martha Kruick I direct that

the same share shall be retained by my said executor

in trust, and to be by my said executor safely invested at

interest; and the interest thereof paid to the said Martha

Kruick during her natural life; and at her death

the principal to be paid to her said children.

I will and direct that all my estate both real and per-

-sonal shall be by my executor as soon as convenient

after my death sold and converted into money, and the

proceeds thereof after paying my just debts and funeral

expenses as aforesaid, and the thousand dollars given

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 324)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 324)

Description

[page 324]

[corresponds to labeled page 292 of Will Records Vol. 4 - 1859-1869]


292
Record of the will of William Owston decd. September 17th 1866.


to my said wife, to be paid and distributed by my said

Executor as provided for in the third Item of this my will.

Item Fifth. I do hereby constitute and appoint my son

Thomas Owston to be the executor of this my last

will and testament. Given under my hand and

seal this 12th day of March A.D. 1866.

(Signed) Wm Owston {seal}

Signed, sealed and declared & published by the said }

Thomas Owston to be his last will & testament, and published }

and signed by him in our presence & at his request }

we signed the same in his presence and in the }

presence of each other. (Signed) John Vogt. }

Owen Keller (End of the Will.)

(Record of testimony)

The State of Ohio, Delaware County. Ss.

In the matter of the last will and testament of William owston

late of Delaware, Ohio, deceased.

We John Vogt and Owen Keller being duly sworn in open

Court this 17th day of September A.D. 1866 depose and say, that

we were at the execution of the last will and testament of William

Owston of Delaware Township hereto annexed; that we saw

the said testator subscribe said will and heard him publish

and declare the same to be his last will and testament; and

that the said testator at the time of executing the same was of full

age, and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses

at his request and in his presence and in the presence of each

other. (signed) John Vogt

Owen Keller.

Sworn to and subscribed before me in the Probate Court this

17th day of September A.D. 1866. T.W. Powell Pro. judge.


_____________________________________________________________________________


Record of the will of Laura P. Harter decd. Oct. 13th 1866


Proceedings had before Thomas W. Powell judge of the Probate

Court in and for the County of Delaware and the State of Ohio

at his office in the town of Delaware on the 13th day of

October A.D. 1866.

On the first day of September last, the last will and testament

of Laura P. Harter late of Liberty Township, decd. was presented

to this court for probate and record. And thereupon Philaster

E. Buell and Mahala Buell the two subscribing witnesses

to the said will came into court, and were duly sworn and

examined, and their testimony reduced to writing, and now

annexed to the said will and filed therewith; and thereupon

this matter was continued for further consideration until

this day; and it now appearing to the court that the said

will was duly executed and attested; and that the said
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 325)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 325)

Description

[page 325]

[corresponds to labeled page 293 of Will Records Vol. 4 - 1859-1869]


293

Record of the Will of Laura P. Harter decd. October 13th 1866.


testatrix at the time of executing the same was of full

age, and of sound mind and memory and not under

any restraint; thereupon the Court upon consideration

thereof, Orders that the said will be admitted to probate

as duly proved as the last will and testament of the

said Laura P. Harter decd. and ordered to be re-

-corded as such.

(Record and Copy of the will to wit.)

I, Laura P. Harter of the County of Delaware in

the State of Ohio, do make and publish this my last will

and testament in manner and form following, that is to say--

First, it is my will that my funeral expenses and all

my just debts be fully paid.

Second. I give, devise and bequeath to my niece Delia

A. Knapp, the sum of forty dollars.

Third. I give and devise to my niece Mary L. Wilcox

the sum of forty dollars.

Fourth. I give and devise the remainder of my property

of every description to Mary Ford, Edwin Andrews, William

Andrews, Lavinia Cook and Byron Andrews to be equally

divided. (Signed) Laura P. Harter {seal}

Signed, sealed and delivered in the presence of us. }

who have subscribed in the presence of each other }

(Signed) P.E. Buell

This the 24th day of May 1862. Mahala Buell. (Exes of the will).

(copy and record of the testimony to wit.)

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Laura P. Harter

late of Liberty Township decd.

We Philaster E. Buell and Mahala Buell being duly sworn

in open Court this 1st day of September A.D. 1866 depose

and say that we were present at the execution of the last

will and testament of Laura P. Harter of Liberty Township

hereto annexed; that we saw the said testatrix subscribe said

will and heard her publish and declare the same to be

her last will and testament, and that the said testatrix at the

time of executing the same was of full age and of sound

mind and memory, and not under any restraint, and that

we signed the same as witnesses at her request and in her

presence, and in the presence of each other.

(Signed) Philaster E. Buell

Mahala Buell.

Sworn to and subscribed before me in the Probate Court

this 1st day of September A.D. 1866. TW. Powell Probate judge.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 326)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 326)

Description

[page 326]

[corresponds to labeled page 294 of Will Records Vol. 4 - 1859-1869]


294

Record of the will of James D. Jewett. October 25th 1866.


Proceedings had before Thomas W. Powell judge of

the Probate Court in and for the County of Delaware and the

state of Ohio, at his office in the town of Delaware on

the 25th day of October A.D. 1866.

This day the last will and testament of James D. Jewett

late of Thompson Township decd. was presented to the

court for probate and record. Thereupon John W. Cone

and Charles Hill the two subscribing witnesses to the said

will came into Court and were duly sworn and examined

and their testimony reduced to writing, and were annexed to

the said will and filed therewith; and it appearing to the

Court that the said will was duly executed and attested, and

that the testator at the time of executing the same was

of full age and of sound mind and memory and not under

any restraint. Thereupon the court, upon consideration

thereof orders that the said will be admitted to probate

as duly proved as the last will and testament of the said

James D. Jewett decd. and ordered to be recorded as such.

(Copy and record of the will to wit:--)

In the name of the Benevolent Father of All.

I, James D. Jewett of Thompson Township Delaware County

and State of Ohio, do make and publish this my last will and

testament.

Item First. I give and devise to my beloved wife Salone

in lieu of her dower all my moneys, credits, household

goods furniture etc. I desire that no appraisement and no

sale of my property be made and that the court of Probate

direct the omission of the same in pursuance of the statute.

In testimony hereof I have hereunto set my hand & seal this

24th day of June in the year 1866.

(signed) James D. Jewett {seal}

Signed and acknowledged by said James D. Jewett as his last}

will & testament in our presence and signed by us }

in his presence. (signed) J.W. Cone }

Charles Hill } (End of this will.)

(Copy & record of the testimony) The State of Ohio, Delaware County Ss.

In the matter of the last will & testament of James D. Jewett late of Thompson Township decd.

We John W. Cone and Charles Hill being duly sworn in open court this

25 day of October A.D. 1866, depose and say that we were present at the

execution of the last will and testament of James D. Jewett of Thompson Township

hereto annexed; that we saw the said testator subscribe said will and heard

him publish and declare the same to be his last will and testament, and that

the said testator at the time of executing the same was of full age, and of

sound mind and memory and not under any restraint; and that we signed

the same as witnesses at his request and in his presence and in the

presence of each other. (Signed) J.D. Cone }

Sworn to and subscribed before me in the Probate Court} Charles Hill }

this 28th day of October A.D. 1866. T.W. Powell Probate Judge


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 327)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 327)

Description

[page 327]

[corresponds to labeled page 295 of Will Records Vol. 4 - 1859-1869]


295

Record of the Will of Oliver Curtiss. October 26th 1866.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and the

State of Ohio, at his office in the town of Delaware, on

the 26th day of October A.D. 1866.

This day the last will and testament of Oliver Curtiss

late of Genoa Township decd. was presented to the Court

for probate and record. Thereupon Henry Hodgden and

Alphonso P. Mason the two subscribing witnesses to the said

will came into court and were duly sworn and examined

and their testimony reduced to writing and annexed to the will

and filed therewith; and it appearing to the Court that the said

testator at the will was duly executed and attested and that the

the said testator at the time of executing the same was

of full age and of sound mind and memory, and not

under any restraint. Thereupon the court upon

consideration thereof orders that the said will be admitted

to probate as duly proved as the last will and testament of the

said Oliver Curtiss decd and ordered to be recorded as such.

(Copy the record of the will, to wit--)

In the name of the Benevolent Father of All.

I, Oliver Curtiss am of sound mind, memory and in my

usual health do make and publish this my last will and

testament.

Item 1st. It is my will that all my personal property be

devised to my beloved wife Jane B. Curtiss legal demands

against my estate be by my administrator fully paid.

Item 2nd. It is my will that all my personal property be

devised to my beloved wife Jane B. Curtiss of every descrip-

-tion, the same to be hers for her sole use and benefit. to

dispose of as she shall judge proper at either public or

private sale.

Item 3rd. I hereby authorize and empower my administrator

to sell my real estate on the most advantageous turns either

at public or private sale and cause the avails to be loaned

on the most favorable terms and to be well secured by a

mortgage on real estate which is in value double the

amount of money loaned (not estimating perishable property)

the interest to be paid as often as every twelve months; and the

interest as soon as collected to be paid over by my administrator

to my said wife for her sole use and benefit.

Item 4th After the decease of my said wife the principal

of the real estate notes to be divided among my legal heirs

according to the statutes of Ohio.

Item 5th. I hereby authorize and empower my said

wife to select an administrator of my estate who is

required to give bonds according to the statutes of Ohio, and

who is authorized and empowered to execute and deliver

a full and clear deed to the purchaser of the real

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 328)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 328)

Description

[page 328]

[corresponds to labeled page 296 of Will Records Vol. 4 - 1859-1869]


296

Record of the will of Oliver Curtiss decd October 26th 1866


estate; he to be allowed and retain seventy five dollars

for his fees. I do hereby revoke all former wills by

me made.

In testimony whereof I have hereunto set my hand and

seal this 24th day of May 1866.

(signed) Oliver Curtiss {seal}

Signed, sealed and acknowledged by said Oliver Curtiss }

as his last will and testament in our presence and }

signed by us in his presence. (signed) Henry Hodgden }

A.P. Mason } End of the will.

(Copy and record of the testimony.)

The State of Ohio Delaware County Ss.

In the Matter of the last will and testament of Oliver Curtiss late

of Genoa Township deceased.

We Henry Hodgden and Alphonso P. Mason being duly sworn

in open court this 26th day of October A.D. 1866 depose and say

that we were present at the execution of the last will and testament

of Oliver Curtiss of Genoa Township hereto annexed; that we saw

the said testator subscribe the said will and heard him publish

and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was

of full age and of sound mind and memory and not under

any restraint, and that we signed the same as witnesses at his

request and in his presence and in the presence of each other.

(Signed) Henry Hodgden }

A. P. Mason }

Sworn to and subscribed before me in the Probate Court this

26th day of October A.D. 1866. T.W. Powell Probate Judge.

___________________________________________________________


Record of the Will of Christopher Freshwater decd. November 13th


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and the state of Ohio.

at his office in the Town of Delaware on the 13th day of

November A.D. 1866.

On the 12th day of November A.D. 1866, the last will and testament

and the codicil thereto of Christopher Freshwater late of Con-

-cord Township in this County deceased, was presented to the court

for probate and records; and thereupon Nelson R. Talley and

Elias Hyatt two subscribing witnesses to the said will and one

of the subscribing witnesses to the said codicil, came into Court and

were duly sworn and examined, and their testimony reduced

to writing and annexed to the said will and codicil and filed there-

-with. And it appearing to the court that Samuel Tyler one

of the subscribing witnesses to the said codicil is not a

resident of the County, but a resident of Madison County; on

Motion a Commission was duly issued to John A. Cone Esqr. to

take the testimony of the said Samuel Tyler and reduce the

same to writing; and make return thereof to this Court.


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 329)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 329)

Description

[page 329]

[corresponds to labeled page 297 of Will Records Vol. 4 - 1859-1869]


297


Record of the Will of Christopher Freshwater decd. November 13th 1866


And afterwards on this 13th day of November A.D. 1866.

the said John A. Cone returned his commission to take

the testimony of Samuel Tyler witness to the said Codicil,

with the testimony of the said witness duly taken in writing

and annexed to the said Codicil. And now upon con-

-sideration, it appearing to the Court that the said will and

codicil were duly executed and attested; and that the said

testator Christopher Freshwater at the several times of the

execution of the said will and testament and codicil, was of

full age, and of sound mind and memory and not under

any restraint; thereupon, on consideration thereof the court

orders that the said will and codicil be admitted to probate

as the last will and testament of the said Christopher Freshwater

decd. and ordered to be recorded as such.

(Copy and record of the will etc)

In the name of the Benevolent Father of All.

I, Christopher Freshwater of Concord Township, Delaware

County in the State of Ohio, do make and publish this my last

will and testament.

Item 1st. It is my will and desire, and I do hereby direct and

require that my executor hereinafter appointed in this will

by me, as soon as practicable after my decease proceed

to sell, by public sale or in such manner, upon such terms

of credit or otherwise as he may think best, all my

personal property and real estate of every name, nature

and kind, and deeds to the purchasers of such real estate to

execute, acknowledge and deliver in fee simple, so that

the whole of my estate, (except that portion of house hold furniture

clothing & other personal property to which my wife is entitled to

under and by the law without appraisement.) be by my said

executor reduced to money to be distributed as hereinafter directed.

Item 2nd. Out of the above proceeds of my personal and

real property, I direct that my said executor pay my beloved

wife Louisa Freshwater the proportion thereof which would

be hers and to which she would be entitled by law as her dis-

-tributive share of my personal property, and her portion of

the proceeds of the sale of my real estate in money for her

right of dower therein; but in case under the law the same

would not amount to nine thousand dollars then, it is my

will and desire, and I do hereby give and devise to my

said wife Louise Freshwater a sufficient sum of money

so that the same being added to her share or portion of

the proceeds of my personal property and her right of dower

in my said Lands in money; shall amount to and be the sum

of nine thousand dollars.

Item 3rd. It is my will and desire and I do hereby give and

devise the residue of my estate to be equally divided among

and between my twelve children share and share alike,
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 330)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 330)

Description

[page 330]

[corresponds to labeled page 298 of Will Records Vol. 4 - 1859-1869]


298

Record of the will of Christopher Freshwater, November 13th 1866.


except as to my two daughters, Rachel Black and Mary

Fletcher, whose share as aforesaid, instead of giving directly

to them, I do hereby give and devise and grant the sum

to William M. Warren and his successors in trust, for the

said Rachael Black and Mary Fletcher, the said trustee to in-

-vest said shares respectively in real estate, public securities

or otherwise, as he may think best and most profitable, and

of each share respectively said trustee or his successor

in trust shall pay respectively to said Rachael Black and

Mary Fletcher on their respective shares the annual

income thereof duing their natural lives, and

upon the death of either of said persons then the said

portion or share of said person deceased shall be paid

over to the heirs of her body, their heirs, & assigns forever.

as aforesaid Said trustee to keep the funds or shares of

each one separate from the other.

Upon the death of said Warren or his refusal to act

I do devise desire a trustee to be appointed to take charge

of said fund and carry out the above trust by the proper

court authorised by law so to do.

Item 4th. I do hereby nominate and appoint my son

in law Thomas J. Jones guardian of my infant daughter

Mary Frances Freshwater until she arrives at the age of

18 years.

Item 5th. I do hereby nominate and appoint William

P. Reids executor of this my last will and testament hereby

authorizing and empowering him to compromise, adjust

release and discharge in such manner as he may deem

proper the debts and claims due me. I do also authorise and

empower him, and direct him as hereinbefore set forth to

sell by private sale, or in such manner upon such

terms of credit or otherwise as he may think proper, all

my real estate, and deeds to purchasers to execute, acknowledge

and deliver in fee simple.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and

seal, this 28th day of June A.D. 1866.

(signed) C. Freshwater {seal}

Signed, sealed & acknowledged by the said Christopher

Freshwater as his last will and testament in our presence

and signed by us in his presence.

(signed) E. Hyatt. }

N. R. Talley.} (end of the will).

(Copy and record of the Codicil).

Whereas I, Christopher Freshwater did on the 28th day of

June A.D. 1866, execute make and publish my last will and

testament of that date: Now be it known that I desire to

and do make this codicil thereto, that is to say: --

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 331)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 331)

Description

[page 331]

[corresponds to labeled page 299 of Will Records Vol. 4 - 1859-1869]

299

Record of the will & codicil of Christopher Freshwater, decd. November 13th 1866.


It is my will and desire and I do hereby bequeath and

devise to my daughter Sarah Jones wife of Thomas

J. Jones the sum of one thousand dollars in money

to be paid to her by my executor, within one year after

my decease. This said sum of one thousand dollars

is intended as a specific legacy and in addition

to the share or portion of my estate which she would

receive under and by virtue of my said will above

referred to. With the above codicil to said will

I desire the same to stand in full force and affect.

Witness my hand and seal this 20th day of August A.D. 1866.

(signed) C. Freshwater {seal}

Signed and acknowledged by said Christopher Freshwater

in our presence & signed by us in his presence, and in

the presence of each other. (signed) N.R. Talley

Samuel Tyler. (end of the Codicil)

(Copy of the testimony & and record thereof--)

The State of Ohio, Delaware County, Ss.

In matter of the last will and testament of Christopher Freshwater

late of Concord township deceased.

We Nelson R. Talley and Elisha Hyatt being duly sworn

in open court this 12th day of November 1866, depose

and say, that we were present at the execution of the last

will and testament of Christopher Freshwater of Concord Township hereto

annexed; that we saw the said testator subscribe said will and

heard him publish and declare the same to be his last will and

testament; and that the said testator at the time of executing the

same was of full age, and of sound mind and memory, and

not under any restraint, and that we signed the same as

witnesses at his request and in his presence and in the presence

of each other. (Signed) Nelson R. Talley

E. Hyatt.

Sworn to and Subscribed before me in the Probate Court this 12th

day of November A.D. 1866. T.W. Powell Probate judge.

The State of Ohio, Delaware County Ss.

in the matter of the last will and testament of Christopher Freshwater late of

Concord Township, deceased.

I, Nelson R. Talley being duly sworn in open Court this 12th

day of November A.D. 1866 depose and say that we, this deponent

and Samuel Tyler were present at the execution of the Codicil

to the last will and testament of Christopher Freshwater of Concord

Township hereto annexed; that we saw the said testator subscribe

said Codicil, and heard him publish and declare the same to be his

Codicil to his last will and testament, and that the said testator

at the time of executing the same was of full age, and of sound

mind and memory, and not under any restraint, and that we signed the

same as witnesses at his request and in his presence and in the presence of each other.

Sworn to and subscribed before me in the Probate Court the 12th}

(signed) Nelson R. Talley.

day of November AD 1866. T.W. Powell Probate Judge.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 332)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 332)

Description

[page 332]

[corresponds to labeled page 300 of Will Records Vol. 4 - 1859-1869]


300

Record of the will and codicil of Christopher Freshwater. November 13th 1866.


(Copy and record of the Commission and testimony)

The State of Ohio }

Delaware County Ss.} In the Probate Court.

To John A. Cone Esqr.

Placing special confidence in your ability and in-

-tegrity, you are hereby appointed, empowered and authorized

to take the testimony of Samuel Tyler, under oath in

due form by you to be administered, to prove the execution

and attestation of the codicil to the last will and testament of

Christopher Freshwater hereto annexed, and reduced the same

to writing; and return the same enclosed under your seal

or by your own hands to this Court. And for so doing this

shall be your full and due Commission.

{S.S.} Given under my hand and under the seal of the

Probate Court, at Delaware, Ohio. this 12th day of

November A.D. 1866. T.W. Powell Probate Judge.

(Return thereon)

In pursuance to the command of the

above Commission I have taken the testimony of

the said Samuel Tyler to the execution and attestation of

the said Codicil which is hereto annexed by which the same

will more fully appear. (Signed) John A. Cone Commissioner.

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Christopher Freshwater late

of Concord Township decd.

I Samuel Tyler being duly sworn by and before Mr. John A. Cone

the undersigned Commissioner, this 13th day of November A.D. 1866

depose and say, that we, this deponent and Nelson R. Talley were

present at the execution of the Codicil to the last will and testament

of Christopher Freshwater of Concord Township hereto annexed

that we saw the said testator subscribe said codicil and heard him

publish and declare the same to be his last will and testament and

that the said testator at the time of executing the same was of full

age, and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses at his

request in his presence and in the presence of each other.

(signed) Samuel Tyler.

Sworn to and subscribed before me this 13th day of Novem-

-ber A.D. 1866. (signed) John A. Cone Commissioner.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 333)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 333)

Description

[page 333]

[corresponds to labeled page 301 of Will Records Vol. 4 - 1859-1869]


301

Record of the Will of William Martin decd Nov 21 1866


Proceeding had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and the State

of Ohio, at his office in the town of Delaware on the 21' & 24'

days of November A.D. 1866.

the last will and testament of William Martin

late of Radnor Township in this County decd, was lately presented

to this Court for probate & record; and Elias George one of the

subscribing witnesses to the said will came into Court

and was duly sworn and examined and his testimony

reduced to writing and annexed to the will and filed

therewith; and the testimony of James Cox being in the like

manner taken, from which it appears John N Cox the other

witness to the will. had in due form signed the will as

witness and has since deceased; And it now appearing

to the Court that the said will was duly executed and

attested; and that the said testator at the time of

executing the same was of full age and of sound mind

and memory, and not under any restraint. Thereupon

the Court upon consideration thereof, orders that the said

will be admitted to probate, as duly proved as the last

will and testament of the said William Martin

decd and ordered to be recorded as such.

Thereupon on the motion of the widow Mrs. Elizabeth

Martin, William Martin Jun. is appointed Administrator,

with the will annexed, on the said estate who gave

bonds in the sum of $2000 with Elizabeth Martin,

James Cummins and John W. Humphrey his

Sureties Letters issued & accepted


TW Powell Probate Judge

(Copy and record of the Will to Wit")

"In the name of God Amen

I William Martin of the Township

of Radnor. County of Delaware and State of Ohio are of

a sound mind, but feeble in body, feeling grateful for

the blessing of my rational senses do hereby make and

publish this my last will and testament, in the form

following to wit:

Item 12 - It is my desire that all my just debts shall

be paid.

Item 2" I give and bequeath to my daughter Catharine

Martin Five hundred dollars to be paid her in the

course of ten years if not paid by that time to bear

interest

Item 3" - I give and bequeath to my sons William,

Benjamin and Thomas the farm on which I now

reside, being one hundred acres which share for each

will be Thirty three and one third acres apiece with
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 334)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 334)

Description

[page 334]

[corresponds to labeled page 302 of Will Records Vol. 4 - 1859-1869]


302

Record of the Will of William Martin decd Nov 21 1866


all the chattles belonging, but the bequest of my daughter

Catharine as above to be paid out of this Item before

they or any of them can convey it. the land away

Item 4 It is my desire that the girl that is now with us

Ann Thomas, should be provided for with board if in

any case she becomes afflicted and disabled to earn

her own living.

Item 6" It is my desire one dollar and a half be yearly paid

out of my estate to the Baptist Church in Radnor

And one dollar and a half be paid to the Bible

society of the Baptists.

7 Item - Is my desire that Elias George and John N

Cox be my executors, for the property.

This is my last Will and testament revoking

all others by me made.

In testimony whereof I hereunto set my

hand and seal in the presence of us

John N Cox William X (his mark) Martin {LS}

Elias George {U.S. Stamps }

{$3.50 Nov 30 1866}

The State of Ohio }

Delaware County SS} In the matter of the last Will

and testament of William Martin

late of Radnor deceased. I, Elias George being duly

sworn in open Court this 21" day of November A.D., 1866

deposes and say that we this deponent and John N. Cox

were present at the execution of the last will and testament

of William Martin of Radnor hereto annexed; that

we saw the said testator subscribe said will and heard

him publish and declare the same to be his last

will and testament, and that the said testator at the

time of executing the same was of full age, and of

sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his

request and in his presence and in the presence of

each other The said will was so executed by said

William Martin some time in May or June 1860 at

said Martins residence in Radnor, That both this deponent

and said John N. Cox heard said William Martin declare

the same to be his last will and testament and we

both saw him make his mark to the same and we at

his request and in his presence signed our names thereto

as witnesses and in the presence of each other said

Cox is now deceased Elias George

Sworn to and Subscribed before me in the Probate Court

this 21" day of November A.D., 1866

T.W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 335)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 335)

Description

[page 335]

[corresponds to labeled page 303 of Will Records Vol. 4 - 1859-1869]

303

Record of the Will of William Martin decd November 21, 1866

State of Ohio,}

Delaware County s s} In the Probate Court - The

undersigned James Cox being

duly sworn in open court on this 24" day of November

A.D. 1866 deposes and says that he is the son of John

N Cox one of the witnesses to the last will and testa-

ment of William Martin late of Radnor decd

hereto annexed. That he always understood that each

will was made, that said John N Cox had the said

will in his possession until his death who died on or

about the 11" day of May 1862 That I was well

acquainted with the hand writing of my father

said John N. Cox and I now recognize the hand

writing to said will as witness to be his That I well

knew the said William Martin until the time of

his death and considered the Martin at the time of

making his said will and unto the time of his death

to be a person of sound mind and memory capable

of making his will and properly disposing of his property

James Cox

Sworn to and subscribed before me in open

Court, this 24" day of November 1866

T.W. Powell


Record of Will of John Roberts decd February 2" 1867


Proceedings had before Thomas W. Powell Judge

of the Probate Court in and for the County of Delaware

and State of Ohio at his office in the Town of Delaware

on the 2 day of February A D 1867.

This day the last will and testament of John

Roberts decd late of Porter Township in this County was

presented for Probate and record; thereupon Edmund B Mosher

and Salmon Scott the two subscribing witnesses to the

said came into Court and were duly sworn and examined

and their testimony reduced to writing and now annexed

to the said will and filed there with, and it appearing

to the Court, that the said will was duly executed and

attested, and that the testator at the time of executing

the same was of full age and of sound mind and

memory and not acting under any restraint, there upon

the Court upon consideration thereof, orders that the

said will be admitted to probate as duly proved as the

last will and testament of the said John Roberts -

decd and ordered to be recorded as such.

There upon letters testamentary were granted

to Salmon P Scott the executor named in the will to

administer upon the said estate and will which
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 336)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 336)

Description

[page 336]

[corresponds to labeled page 304 of Will Records Vol. 4 - 1859-1869]

304

Record of the Will of John Roberts decd, Feb 2" 1867


appointment said Scott accepted and gave bonds as

the law requires in the sum of $2000 with Edmund B

Mosher, Wesley C. Harris and Emery Perfect his sureties

The Court appoint Joseph Potter, Charles Wilcox and

Charles M Fowler appraisers of the said estate

T.W. Powell Pro Judge

(copy and record of the will to wit)

In the name of the Benevolent Father of All!

I, John Roberts of Porter Township,

Delaware County and State of Ohio being of sound

mind and memory, do make and publish this my

last will and testament.

I give and bequeath to my beloved wife

Roxana Roberts in lieu of her dower, five hundred

dollars in money and one cow and three sheep.

Item 2" - After paying all my just debts and funeral

charges I give and bequeath all the rest of my property

to my children Wm Roberts, Lewis Roberts Ruth Howes

Eliza Weaver Mary Ann Courtright and Elizabeth

Weaver and Sarah Lyons in equal portions to them

and the heirs of their Body.

I do appoint and constitute my esteemed

friend Salmon P Scott of Porter Executor of this

my last will and testament.

Signed, sealed and acknowledged in

presence of us and signed by us in this presence

this 28" day of December AD 1866.

his

John X Roberts [seal]

mark

Attest

E.B. Mosher

Isaiah Kempton [US Stamp]

S.P. Scott [$1.00 Feb 2" 1867]

[TWP]

The State of Ohio }

Delaware County ss. } In the matter of the last will and

testament of John Roberts late

Porter Township deceased, - We Edmund B Mosher and

Salmon P Scott being duly sworn in open Court this

2" day of February A.D 1867, depose and say, that we were

present at the execution of the last will and testament

of John Roberts of Porter Township in this County hereto

annexed; that we saw the said testator subscribe

said will and heard him publish and declare the

same to be his last will and testament and the said

testator at the time of executing the same was of full

age and of sound mind and memory and not
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 337)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 337)

Description

[page 337]

[corresponds to labeled page 305 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Roberts decd Feb 2" 1867


under any restraint and that we signed the

same as witnesses at his request and in his presence

and in the presence of each other.

E B Mosher

S. P. Scott

Sworn to and subscribed before me in the Probate

Court this 2" day of February A.D. 1867

T.W. Powell

Probate Judge



Will of Charles Day decd

Proceeding had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware

and the State of Ohio, at his office in the town

of Delaware on the 18" day of December AD 1866.

This day the last will and testament

of Charles Day late of Trenton Township in this

County deceased, was presented to the Court for

probate and record. Thereupon Edward H. Day

and John Sinkey the subscribing witnesses to the said

will came in to Court and were duly sworn and

examined and their testimony reduced to writing

and now annexed to the will, and filed there with,

and it appearing to the court that the said will

was duly executed and attested and that the

testator at the time of executing the same was

of full age, and of sound mind and memory and

not under any restraint, thereupon the Court upon

consideration thereof, orders that the said will be

admitted to probate as duly proved as the last will

and testament of the said Charles Day decd, and

ordered to be recorded as such.

Thereupon Cyrus Longshore the Executor named

in the said will appeared and was qualified as such

and gave bonds in the sum of 2000. with Presley

Day and John Sinkey as sureties and there upon letters

testamentary with the will annexed was issued

to him. T.W. Powell, Probate Judge

(Copy and record of Will to with)

In the name of our Heavenly Father!

I, Charles Day in view of the certainty

of death and uncertainty of life, do make and publish

this my last will and testament.

Item 1" I direct that my executor pay all my just

debts and funeral expenses.

Item 2" I give and bequeath unto my beloved wife

all my estate both real and personal during her

natural life.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 338)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 338)

Description

[page 338]

[corresponds to labeled page 306 of Will Records Vol. 4 - 1859-1869]

306

Record of the Will of Charles Day decd Dec 18" 1866


Item 3" I direct that what may be left of my estate

at the death of my said wife be equally divided between

my Children or their legal heirs.

Item 4" I hereby nominate and appoint Cyrus Longshore

my executor of this my last will and testament.

In testimony where of I have here unto set my

hand and seal this thirty first day of October in the

year of our Lord one thousand and sixty six

Charles Day (seal)

We the undersigned witnesses certify that the foregoing

will was signed by Charles Day in our presence and

by us in his presence. E.H. Deut

John Sinkey

[U.S. Stamp]

[L8 T.W.P Dec 18 1866]


The State of Ohio, } In the matter of the last will and

Delaware County ss } testament of Charles Day late of

Trenton Township deceased.

We E.H. Deut and John Sinkey, being duly sworn

in open court this 18" day of December A.D., 1866

depose and say, that we were present at the

execution of the last will and testament of Charles

Day of Trenton Township hereto annexed; that we

saw the said testator subscribe said will and heard

him publish and declare the same to be this last will

and testament, and that the said testator at the

time of executing the same was of full age and

sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request

and in his presence and in the presence of each

other. E.H. Deut

John Sinkey

Sworn to and Subscribed before me in the Probate Court

this 18" day of December A.D. 1866 T.W. Powell

Probate Judge


Record of the Will of Samuel N Myers decd

Proceedings had before Thomas W. Powell

Judge of the Probate Court in and for the County of

Delaware and State of Ohio at his office in the

town of Delaware on the 18" day of December AD 1866.

This day the last will and testament of

Samuel N. Myers late of Berlin Township decd was

presented to the Court for probate and record

Thereupon James P Crawford and Phebe J Dunham

the subscribing witnesses to the said will came into

and were duly sworn and examined and their testimony
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 339)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 339)

Description

[page 339]

[corresponds to labeled page 307 of Will Records Vol. 4 - 1859-1869]

307

Record of Will of Samuel N. Myers decd Dec 18 1866


reduced to writing, and annexed to said will and filed

therewith; and it appearing to the Court that the

said will was duly executed and attested, and that

the testator at the time of executing the same was of

full age, and of sound mind and memory and under

no restraint. There upon the court upon consideration

thereof, orders that the said will be admitted to probate

as duly proved as the last will and testament of the said

Samuel N Myers decd and ordered to be recorded as such.

T.W. Powell Probate Judge

Copy and record of said Samuel N Myers to wit

In the name of the Benevolent Father of All!

I, Samuel N. Myers of the Township of Berlin

county of Delaware and State of Ohio do make and

publish this my last will and testament.

Item 1" I give and devise to my beloved wife in

lieu of her dower the farm on which we now reside

situated in Berkshire & Berlin Townships County of Delaware

and State of Ohio containing sixty three and one

half acres more or less during her natural lifetime

and all the stock, household goods, furniture

provisions and other goods and chattels which may

be thereon - at the time of my decease during her

natural life as aforesaid She however selling so

much there of as may be sufficient to pay my just

debts --

At the death of my said wife the real estate

aforesaid and such part of the said personal

property or the proceeds thereof as may then remain

unexpended and unconsumed I give to my son

Lafayette Myers and his heirs

The said Lafayette Myers being here by bound

to pay my daughter Julia Teal three hundred dollars

to be paid in payments of fifty dollars annually

after the death of my said wife.

I do hereby appoint and nominate my son Lafayette

Myers Executor of this my last will and testament

hereby authorizing and empowering him to

compromise, adjust, release and discharge in such

a manner as he may deem proper the debts and claims

due me. I also authorize and empower him if it shall

become necessary in order to pay debts to sell by private

sale or in such manner and upon such terms of

credit or otherwise as he may think proper all or any

part of my real estate and deeds to purchasers to

execute _ acknowledge in fee simple and deliver.

I do hereby revoke all former wills by me made - In
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 340)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 340)

Description

[page 340]

[corresponds to labeled page 308 of Will Records Vol. 4 - 1859-1869]

308

Record of the Will of Samuel. N. Myers decd. Dec 18 1866

testimony whereof I have hereunto set my hand and

seal this 29 day of Sept. 1866

S N Myers {seal}

Signed and acknowledged by said Samuel N. Myers

as his last will and testament in our presence

signed by us in his presence

US. Stamp J.P. Crawford

$1.50 TWP. Dec 18 1866 Phebe J. Dunham

The state of Ohio. } In the matter of the last will and testament

Delaware County ss } of Samuel N Myers of Berlin Township

deceased.

We James P. Crawford and Phebe J Dunham being duly

sworn in open Court this 18 day of December A.D., 1866 depose

and say, that we were present at the execution of the last

will and testament of Samuel N Myers of Berlin Township

hereto annexed, that we saw the said testator subscribe

said will and heard him publish and declare the

same to be his last will and testament, and that

the said testator at the time of executing the same

was of full age, and of sound mind and memory,

and not under any restraint, and that we signed

the same as witnesses at his request and in his

presence and in the presence of each other.

J.P. Crawford

Phebe J Dunham

Sworn to and Subscribed before me in the Probate

Court this 18" day of December AD 1866.

T. W. Powell Pro Judge


Record of the Will of Philip Lawrence decd.

Proceeding had before Thomas W Powell Judge

of the Probate Court in and for the County of Delaware

and State of Ohio at his office in the town of Delaware

on the 20" day of December AD 1866.

This day the last will and testament

of Philip Lawrence late of Thompson Township decd. was

presented to the Court for probate and record.

There upon David Mohr and Henry Hain the two subscribing

witnesses to the said will came into Court, and were

duly sworn, and examined and their testimony reduced

to writing and annexed to the said will and filed

therewith; and it appearing to the Court that the said

will was duly executed and attested; and that the said

testator at the time of executing the same was of full

age, and of sound mind and memory and not under

any restraint Thereupon the Court upon consideration

thereof orders that the said will be admitted to probate

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 341)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 341)

Description

[page 341]

[corresponds to labeled page 309 of Will Records Vol. 4 - 1859-1869]

309

Record of the Will of Philip Lawrence decd Dec 20' 1866


as duly proved as the last will and testament of

the said Philip Lawrence decd, and ordered to be recor-

-ded as such.

Thereupon Charles S Mohr the executor named in

the will appeared in Court and accepted his said appointment

and gave bonds to the sum of $800. with Ambrose Little

and John Ludwig his sureties and letters testamentary

were then issued to the said executor. the Court appoint

Thomas Smith, George Noble and Jacob Hockings appraisers

of the said estate

T.W. Powell Probate Judge

(Copy and record of Will to wit:)

In the name of the Benevolent Father of all!

I Philip Lawrence of the County of

Delaware and State of Ohio do make and publish

this my last will and testament.

Item 1" I give and devise to my Grand daughter

Mary M. Thompson being the Oldest child of my daughter

Rebecca, the sixty four acres of land which I own

in Union County in the State of Ohio which I purchased

from John Finley.

Item 2" I give and devise the balance of my property

both real and personal, after the payment of all

my debts and funeral expenses to the balance of my

grand children that may be living at the time of my death

Item 3" I do hereby nominate and appoint Charles

S Mohr of Prospect Township Marion County and State

of Ohio Executor of this my last will and Testament

hereby authorizing him to compromise, adjust release

and discharge in such manner as he may deem

proper the debts and claims do me.

I do hereby revoke all former wills by me made

In testimony where of I have hereunto set my hand and

seal this 31' day of August. in the year 1866

his

Philip x Lawrence {seal}

mark

Signed and acknowledged by said Philip Lawrence as his last

will and testament in our presence and signed by us in

his presence David Mohr

U.S. Stamps Henry Kain

$3.00 TWP Dec 20 1866

The State of Ohio } In the matter of the last will and testament

Delaware County ss} of Philip Lawrence late of Thompson Township

deceased. __ We David Mohr and Henry

Hain being duly sworn in open Court this 20' day

of December A.D 1866. depose and say that we

were present at the execution of the last will and

testament of Philip Lawrence of Thompson Township
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 342)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 342)

Description

[page 342]

[corresponds to labeled page 310 of Will Records Vol. 4 - 1859-1869]

310

Record of the Will of Philip Lawrence decd Dec 20 1866


here annexed; that we saw the said testator subscribe

said will and heard him publish and declare the

same to be his last will and testament and that the

said testator at the time of executing the same was

of full age, and of sound mind and memory, and not

under any restraint, and that we signed the same as

witnesses at his request and in his presence and in

the presence of each other. David Mohr

Henry Hain

Sworn to and Subscribed before me in the Probate

Court this 20' day of December A.D. 1866

T.W. Powell Probate Judge




Record of the Will of Luther Boyd decd

Proceedings had before Thomas W Powell

Judge of the Probate Court in and for the County of

Delaware and State of Ohio at his office in the town

of Delaware on the 28' day of January 1867

This day the last will and testament of

Luther Boyd late of Orange Township in the County

decd was presented to the Court for probate and record

Thereupon Cicero M Elsbree and Gustavus Elsbree

the two subscribing witnesses to the said will, came into

Court and were duly sworn and examined, and their

testimony reduced to writing and now annexed to the

said will and filed therewith; and it appearing to

to the court that the said will was duly executed and

attested, and that the testator at the time of executing

the same was of full age, and sound mind and memory

and not under any restraint; there upon the Court, upon

consideration thereof, orders that the said will be admitted

to probate as duly proved as the last will and

testament of the said Luther Boyd decd and ordered

to be recorded as such.

Thereupon Levi Boyd the executor

named in the will came into Court and declined

acting as such executor, and thereupon the Court

appointed James Phuny Administrator of the said

estate with the will annexed, who gave bonds in the

sum of $100.00. with Levi Boyd, Gustavus Elsbree, Cicero

M Elsbree his sureties and accepted his appointment

The Court appointed Franklin

Kenyon, William B McKinnin and Hudson Roe

appraisers of the estate TW Powell Probate Judge

(Copy of Will to Wit)

In the name of the Benevolent Father of all!

I Luther Boyd of Orange Township County of
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 343)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 343)

Description

[page 343]

[corresponds to labeled page 311 of Will Records Vol. 4 - 1859-1869]


311

Record of the Will of Luther Boyd decd Jan 28 1867


Delaware and State of Ohio do make and publish

this my last will and testament.

Item 1" I devise and bequeath to my daughter

Hannah Bennett two Hundred dollars.

Item 2" I devise and bequeath to my daughter

Diana Callahan Thirty acres of land well fenced

to be taken out of my farm directly opposit and

across the road from lands owned by my said

daughter Diana, also devise and bequeath to my

said daughter Diana Callahan one cow and twenty

ewe sheep and all the House hold furniture at

my death.

Item 3" I devise and bequeath to my son Levi

Boyd eighty acres of land to include the homestead

which I now occupy extending across my whole

farm from North to South lying directly East of the

lot devised to my said daughter Diana Callahan I

also devise and bequeath to my said Son Levi Boyd

the balance of the sheep and the old mare.

Item 4 I devise and bequeath to my son Luther boyd Jr

Sixty three acres of land to be taken from my home

farm on the east side thereof running across the same

from north to South. I also devise and bequeath to

my said son Luther boyd Jr two colts and one cow and

all my wearing apparrel.

Item 5 I devise and bequeath to my daughter Mary

Wilson two hundred dollars.

Item 6 I devise and bequeath to my Son William

Boyds heir's one dollar to be paid when it becomes

of age

Item 7" I devise and bequeath to my son David

Boyd fifty dollars.

Item 8" I devise and bequeath to my Son

Abraham Boyd Fifty dollars.

Item 9" I devise and bequeath to my son Levi

Boyd all the money, credits Notes and accounts owned

by me at the decease the said Levi Boyd being the

same person named in the 3" item of my will

Item 10" I do hereby nominate and appoint my

son Levi Boyd Executor of this my last will and

testament hereby authorizing and empowering him

to compromise, adjust release and discharge in

such manner as he may deem proper the debts and

claims due me I do also authorize and empower him

if it shall become necessary in order to pay my debts

to sell by private sale or in such manner and upon

such terms of credit or otherwise as he may think


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 344)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 344)

Description

[page 344]

[corresponds to labeled page 312 of Will Records Vol. 4 - 1859-1869]


312

Record of the Will of Luther Boyd decd January 28" 1867


proper all or any part of my real Estate and Deeds

to purchase to execute acknowledge and deliver in fee

Simple _ I do hereby revoke all former wills by me made

in testimony hereof I have hereunto set my

hand and seal this 28" day of May in the year of our

Lord one thousand eight hundred and Sixty Six.

Luther Boyd {seal}

Signed and acknowledged by said Luther Boyd as his

last will and testament in our presence and Signed

by us in his presence. C. M. Elsbree

{U.S. Stamps} Gustavus Elsbree

{4.$ Jan 28" 1867}

{T.W.P } The State of Ohio } In the matter of the

Delaware County ss} last will and testament

of Luther Boyd of

Orange Township Deceased.

We Ciciro M Elsbree and Gustavus

Elsbree being duly sworn in open Court this 28" day of

January A.D. 1867, depose and say, that we were

present at the execution of the last will and testa=

=ment of Luther Boyd of Orange Township hereto

annexed; that we saw the said testator subscribe

said will and heard him publish and declare

the same to be his last will and testament, and that

the said testator at the time of executing the same

was of full age, and of sound mind and memory

and not under any restraint, and that we signed

the same as witnesses at his request and in his

presence and in the presence of each other.

C.M. Elsbree

Gustavus Elsbree

Sworn to and Subscribed before me in the Probate

Court this 28" day of January A.D. 1867

T.W. Powell Probate Judge

____________________________________________


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 345)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 345)

Description

[page 345]

[corresponds to labeled page 313 of Will Records Vol. 4 - 1859-1869]


313

Record of Will of William Stiles deceased February 26" 1867


Proceedings had before Thomas W. Powell Judge of the

Probate Court within and for the County of Delaware and State

of Ohio at his office in the town of Delaware on the 26" day of February

A.D. 1867.

On motion of Mr. John F Randolph, on behalf

of the divisees, presented to the Court the authenticated copy of

the will and testament of William Stiles late of the County of

Monongalia in the State of Virginia deceased, now produced in

open court, duly proved and admitted to record in the said

county of Monongalia in the State of Virginia, according to the

laws of the said State of Virginia and having relation to

property in this county; and upon consideration thereof the

court now orders that the said authenticated copy of the said

record of the said will be admitted and recorded among the

records of Wills of this County _ Which is as follows to wit.

I William Stiles of the County of

Monongalia, State of Virginia being in languishing state

of health but sound in memory and understanding

Thanks be to Almighty God for the same, do make and constitute

this my last and will and Testament.

Item: I will and bequeath to my sons viz: Stephen,

Thomas and Benjamin the tract of land on which I now

reside being Three hundred and eight acres to be divided

between them as follows; (to wit) My son Stephen to have for

his one hundred and twenty six acres off the lower end

including his present residence and to be bounded as

follows Beginning at a white oak and hickory corner to

John W. Wiley thence with said Wileys line up the creek at

the bend, thence to leave the original line and to follow

the meanders of Dunkard Creek to the line above the Ford

thence to leave the creek and to run a straight line outside

of and by the Sheepfold fence to the upper and of said fence

there to a corner, thence to strike a straight line to the

Bradford line so as to make the number of acres required

then to follow the out line to the beginning:

The balance of my above described tract of land containing

about 280 acres to be equally divided between my sons

Thomas and Benjamin

2nd I will and bequeath to my grandson John Randolph

a tract of Two hundred acres of land in the County of

Delaware and State of Ohio it being the same land

which his father Marchfitz Randolph now lives on.

3rd Tis my will that all my personal property be sold

at public vendue soon after my decease the proceeds of

which sale together with all dues and demands that

may be forthcoming to me, and all the ready money that

I may be possessed of at my decease, I bequeath equally


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 346)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 346)

Description

[page 346]

[corresponds to labeled page 314 of Will Records Vol. 4 - 1859-1869]

314

Record of the Will of William Stiles deceased February 26" 1867.


to my three sons viz: Stephen, Thomas and Benjamin but of

which I require them to pay the children of my daughter

Cassandra Randolph the sum of four hundred dollars

giving each heir as he or she shall become of age their

propotional share of same:

4" I give and bequeath to my daughter Sarah Bland

one Dollar to be paid her out of any money that may

be in the hands of my Executors:

5" I give and bequeath to my son John Stiles one dollar

to be paid him out of any money that may be in

the hands of my Executor:

6" I give and bequeath to my daughter Elizabeth Cross

one dollar to be paid her out of any money that may

be in the hands of my Executor:

7" I hereby nominate and appoint my son Thomas Stiles

my Executor of this my last will and testament

I publish and declare this and none other to

be my last will and testament, In testimony whereof

I have hereunto set my hand and seal this 26" day

of Feb,y 1850 William Stiles {seal}

signed in presence of us,

Azariah Harker.

Isaac Wise.

Wm H Doty.

At a monthly Court held in and

for Monongalia County at the Court of said County

on Monday the 24" day of May in the year 1852 and 76 years

of the Commonwealth.

A paper writing purporting to be the last

will and Testament of William Stiles was this day produced

to the Court, duly proved by the oath of and examination

of Azariah Harker, Isaac Wise and William H Doty subscribing

witnesses thereto, and admitted to Record

State of West Virginia }

Monongalia County } Ss

I Augustus Haymond

Clerk of the Circuit Court for the County of Monongalia

and State aforesaid do hereby certify that the foregoing is

a true Copy of the Will of William Stiles deceased and

order admitting said Will to probate in the late County

Court of Monongalia County Virginia now the state of

West Virginia. I further certify that I am the proper custodian

of the records the late County Court, In testimony whereof I have hereunto set

my hand and affixed the official seal of my said Circuit

Court at Morgantown in said County of Mongalia and State

{seal} of West Virginia this 23 day of February AD 1867

{U.S. Stamp} A Haymond Clerk
{ .5 cents}

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 347)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 347)

Description

[page 347]

[corresponds to labeled page 315 of Will Records Vol. 4 - 1859-1869]


Record of the Will of William Cunnningham deceased


Proceedings had before Thomas W Powell Judge of the

Probate Court within and for the County of Delaware

and State of Ohio, at his office in the town of Delaware

on the 1st day of March 1867.

Will and estate of William Cunningham on

the 16" day of February 1867. this day Josiah Cunningham

presented the last will and testament of William Cunningham

late of Brown Township deceased for Probate and record

Thereuopn John G. Strain one of the attesting witnessees to

the said will came in to Court and was duly sworn and

examined, and his testimony reduced to writing and

annexed to the will. And it appearing to the Court that

Milton Sackett the other attesting witness was now

residing at Gilead in Wood County, Ohio, the Court upon

motion therefore issued a commission with the will

annexed, to James P Katon of Wood County to take

the testimony of the said Milton Sackett as witness to

the said will. This matter is continued until the return

of the said commission. T.W. Powell Probate Judge

March 1" 1867.

This day the commission heretofore issued to James P

Katon to take the testimony of Milton Sackett was returned

duly executed and the testimony of the Milton Sackett

duly taken and reduced to writing and returned with

the will, and now on file in this Court and it now

appearing to the Court, that the said will was duly executed

and attested, and the testator at the time of executing

the same, was of full age and of sound mind and memory

and not under any restraint, thereupon on consideration

thereof the court orders, that the said will be admitted to

probate as duly proved as the last will and testament

of the said William Cunningham decd and ordered to be

recorded as such.

Thereupon Josiah Cunningham one of the

executors named in the said will (the other executor declining to act)

came into Court, and was admitted and qualified as

executor of the said will, and gave bonds in the sum of

$2000. with Thomas Humes and Isaac Simpson as his sureties

Letters issued and accepted. No appraisers at present

T.W. Powell Probate Judge

(Copy of Will to wit:)

Will

I William Cunningham of Delaware County State

of Ohio being of sound and deposing mind memory and

understanding, do make this my last will and testament

hereby revoking or making void all former of last will &

testaments by me heretofore made.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 348)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 348)

Description

[page 348]

[corresponds to labeled page 316 of Will Records Vol. 4 - 1859-1869]


316

Record of the Will of William Cunningham deceased


1st It is my will that all my just debts & funeral

expence be paid.

2nd I give and bequeath to my three beloved daughters

Lydia G Elliott Ester Emerson & Hannah J Cunningham

to be equally owned between them as tenants in common

the farm or lot on which I now live situated in

range 18 Township five section three SE pt lot 16 U S M

with all the household furnature and all my other

personal property.

3d I give and bequeath to my two sons Josiah & William C

Cunningham to be equally owned between them as

tenants in common my farm of one hundred & fifty

acres situated in Delaware County State of Ohio and in

range 18 Township five (5) Section three (3) SE far lots

6 & 7 United States Military survey To be divided as follows

my son Josiah Cunningham to have the east half of

lot seven (7) and south half of lot six (6) except twenty

five feet off the west end of lot six (6) which is to be left for

a road and my son William C. Cunningham to have west

half of lot seven (7) and north half of lot six (6) and

I do hereby mention and appoint my sons Josiah

Cunningham and William C. Cunningham executors to this

my last will and testament Josiah & William C Cunningham

to pay my funeral expences.

I witness whereof I William Cunningham

hereto subscribed my name & affix my seal this 31st day of

Aug in the year one thousand eight hundred & sixty six

Wm Cunningham {seal}

Signed seal & declared by said William Cunningham to be

his last will & testament in presents for who at his request & in

his pres- we subscribed our names as witness hereto in the pre.

of any other M Sackett

{U.S. Stamps} John G. Strain

{$4.50 March 1867}

{ T.W.P }


In the matter of the last will and

testament of William Cunningham late

of Brown Township deceased, I John G Strain being sworn

in open court this 16th day of February A.D. 1867 depose and

say that we this deponent & Milton Sackett were present

at the execution of the last will and testament of William

Cunningham of Brown Township hereto annexed;

that we saw the said testator subscribe said will and

heard him publish and declare the same to be his

last will and testament, and that the said testator at


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 349)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 349)

Description

[page 349]

[corresponds to labeled page 317 of Will Records Vol. 4 - 1859-1869]


317

Record of the Will of William Cunningham deceased


the time of executing the same was of full age and of

sound mind and memory and not under any restraint,

and that we signed the same as witnesses at his request

and in his presence and in the presence of each others

John G. Strain

Sworn to and Subscribed before me in the Probate Court

this 16th day of February A.D. 1867 as to John Strain

T.W. Powell Pro Judge

The State of Ohio}

Delaware County Ss} In the Probate Court

To Mr. James Katon of Woods County.

Ohio, You are hereby authorized and empowered to take

the testimony of Milton Sackett of Gilead in Wood

County Ohio, as witness to the last will and

testament of William Cunningham hereto annexed

as to the execution and attestation of the said will

and reduce his testimony to writing under his solemn

oath, which you are hereby authorized to administer

to him; and then make return of thereof under

your hand and seal to this Court, and for so doing

this shall be our sufficient authority and

commission.

In witness whereof I have hereunto set

my hand and the seal of the said Probate

Court at Delaware, Ohio this 19th day of

February 1867

T.W. Powell Probate Judge

Return to this Commission

I the within named James Katon hereby

return and certify that in pursuance of authority of

the within commission I caused the within Milton

Sackett to come before me; and who was by me duly

sworn to testify the truth, the whole truth and nothing

but the truth, and whose testimony is reduced to

writing by me and annexed to the said will and by him

signed. All of which, together with the said will is now

under my seal returned to said Probate Court for Delaware

County at Delaware, Ohio.

Witness my hand this 23 day of February

AD 1867.

James P. Katon Commissioner

The State of Ohio }

Delaware County Ss } In the matter of the last will and

testament of William Cunningham

of Brown Township Delaware County deceased.

Milton Sackett being duly sworn by James


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 350)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 350)

Description

[page 350]

[corresponds to labeled page 318 of Will Records Vol. 4 - 1859-1869]

318.

Record of the Will of William Cunningham deceased


Katon Commissioner Ss this day of A.D. 1867

depose and say that we this deponent and John G Strain

were present at the execution of the last will and

testament of William Cunningham of Brown Township

Delaware County hereto annexed; that we saw the said

testator subscribe said will and heard him publish and

declare the same to be his last will and testament, and

that the said testator at the time of executing the same

was of full age and of sound mind and memory

and not under any restraint, and that we signed,

the same as witnesses at his request and in his presence

M Sackett

Sworn to and subscribed before me the said commissioner

this 23 day of February AD 1867.

James P Katon Commissioner

_________________________________
_________________________________



Record of the Will and Codicil of Tobias H. Michell deceased

Proceedings had before Thomas W. Powell Judge of the

Probate Court within and for the county of Delaware and

State of Ohio at his office in the town of Delaware on the

26th day of February A.D. 1867.

This day the last will and testament and

the Codicil thereto of Tobias H. Michell late of Delaware

Township in this county. decd was presented to the court

for probate and record. Thereupon Daniel Dike and Jasper

C. Avery as witnesses to the said will and Jasper C Avery

and Charles K. McElroy as witnesses to the said Codicil came

into Court and were duly sworn and examined and their

testimony reduced to writing, and now annexed to the said

will and Codicil and filed therewith, and it appearing to

the court that the said Will and Codicil were duly executed

and attested, and that the said testator at the several times

of executing the same, was of full age, and of sound mind

and memory and not under any restraint. Thereupon the

Court, upon consideration orders that the said will and

Codicil be admitted to probate as duly proved as the last

will and testament of the said Tobias K. Michell deced and

ordered to be recorded as such.

Thereupon Lydia D. Michell and Charlotte M.

Michell the executors named in the will appeared in

Court and accepted letters testamentary on the said

will and estate; and which were issued to them

with a copy of the said will and codicil duly

certified And the Court upon consideration

and at the request of the heirs and the court being

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 351)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 351)

Description

[page 351]

[corresponds to labeled page 319 of Will Records Volume 4 1859 - 1869]

319

Record of Will and Codicil of Tobias K. Michell decd


satisfied therewith, do not for the present require

bonds or appraisement of the Estate but leaves the

same subject to any others on further order of the Court

T W Powell Probate Judge

(Copy of the will)

I Tobias H. Michell, formerly

of Redruth Cornwall England now of Delaware, Delaware

County, Ohio, do make and publish this my last will

and testament, revoking all former wills and testaments

heretofore made by me.

I give and bequeath all the property,

estate, bonds choses of action of every description whatever

which I shall leave at my death, and whatever else

shall at that period belong to me, to my five younger

daughters or the survivors (upon the death of one

or any of said five) to be held for their joint use

and support for the time and purposes and under

the conditions hereafter set out and expressed

My said five younger daughters shall hold

and enjoy the foregoing bequest in common and

so long as any one of them shall consent to reside

in a common home; if one or more of my said

five younger daughters marry or cease to reside in

said common home her or their interest herein devised

is to cease, and all the property herein bequeathed

is to remain with and belong to those of the

said five, or the sole remaining unmarried one,

who resides in and keeps up that common home, this

bequest being intended by me, for the sustenance and

support of said five daughters in a common home

and not to be held and enjoyed in whole or

in part by any of my said five daughters

who leave said common home and reside elsewhere

Should any one of my said five daughters

who do not marry leave said common home for

a residence elsewhere, and subsequently, being unmarried

return to reside in said common home and resume

the duties incumbent thereon, then I direct that upon

such return of said unmarried daughter, she shall

become reinvested with, and entitled to, an equal right

with the other inmates of said common home to an

enjoyment of said bequest herein before set out not

however claiming the interest without a resumption

and excise of all the duties devolving upon her.

I do not limit or restrict my said five

younger daughters in the choice or locality of their

common home - If my said five daughters or

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 352)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 352)

Description

[page 352]

[corresponds to labeled page 320 of Will Record Volume 4 1859 - 1869]

320

Record of Will and Codicil of Tobias H. Michell decd


survivors desire to change said common home this

place and circumstances of such removal, shall be

decided by vote a majority to rule and regulate

the time, place and circumstances of such change

I hereby charge my executors, that

this common home, for my said five younger daughters

shall be kept up so long as there is one willing and able to

keep and occupy it and that all the estate estate

which I shall leave is bequeathed for the support of

said five daughters, so long as they are unmarried

and occupy said common home.

Upon the death of any one of said

daughters the interest of said daughter in this bequest

ceases and goes to the survivor or survivors of said five

unmarried daughters occupying this common home.

Upon the marriage of any one of said

five daughters, her interest in this bequest ceases, and

goes to the surviving daughter or daughters occupying this

common home.

Upoon the death of my last surviving

single daughter, then all property soever that I may

leave shall be, and become, the property of my youngest

son Ravenscroft Michell.

I appoint my two eldest single

daughters living at my death to be my executors, and

request and direct that no security be required of them

by the Probate Court.

Should any of my said five younger

daughters marry or die before me then her or their interest

in this bequest ceases, and goes to the survivors or survivor

of said five daughters, subject to the conditions herein before

set out of residing in a common home and being

unmarried.

I witness whereof I have hereunto set my

hand and seal this 11th day of June A.D. 1863.

T. H. Michell

Published and signed by the testator in our presence on

the 11th day of June A.D. 1863.

Daniel Dike

J. C. Avery

The State of Ohio }

Delaware County SS } In the matter of the last Will and

testament of Tobias H. Michell late of

Delaware Township deceased.

We Daniel Dike and Jasper C.

Avery being duly sworn in open court this 26th day

of Feburary A.D. 1863 depose and say, that we were
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 353)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 353)

Description

[page 353]

[corresonds to labeled page 321 of Will Record Volume 4 1859-1869]

321

Record of Will and Codicil of Tobias H. Michell decd


present at the execution of the last will and

testament of Tobias H. Michell of Delaware, Ohio

hereto annexed; that we saw the said testator

subscribe said will and heard him publish

and declare the same to be his last will and

testament, and that the said testator at

the time of executing the same was of full

age, and of sound mind and memory,

and not under any restraint, and that

we signed the same as witnesses at his request

and in his presence and in the presence

of each other. Daniel Dike

J. C. Avery

Sworn to and subscribed before me in the probate

Court this 26th day of February A.D. 1867

T. W. Powell Probate


(Copy of Codicil)

Whereas I Tobias H.

Michell on the ____ day of ____ in the year 1863 made

my last will and testament of that day, do

hereby declare the following to be a Codicil to

the same.

Should my property as devised & bequeathed

in said will, fall under the provisions of

the same to my son Ravenscroft Michell, I

further give and devise the upon the death

of my said son Ravenscroft to his issue by

lawful marriage; should he die without issue

by lawful marriage, I give & devise the same

to my son Henry Michell & to his heirs forever

In testimony hereof I have

hereunto set my hand & seal this 21st day of May

A.D. 1866.

{ S S } T. H. Michell

Signed & acknowledged by said Tobias H

Michell as a Codicil to his last will & testament

in our presence & signed by us in his presence

J. C. Avery

C. H. McElroy

The State of Ohio }

Delaware County SS } In the matter of the last will

and testament of Tobias H. Michell

late of Delaware deceased

Mr. Jasper C. Avery and Charles H.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 354)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 354)

Description

[page 354]

[corresponds to labeled page 322 of Will Record Volume 4 1859 - 1869]

322

Record of the Will and Codicil of Tobias H. Michell decd


McElroy being duly sworn in open Court this 26th

day of February A.D. 1867, depose and say that

we were present at the execution of the Codicil

to the last will and testament of Tobias H.

Michell of Delaware Ohio hereto annexed; that we

saw the said testator subscribe said Codicil to said

Will and heard him publish and declare the

same to be his last will and testament, and that

the said testator at the time of executing the

same was of full age and of sound mind

and memory and not under any restraint

and that we signed the same as witnesses

at his request and in his presence and

in the presence of each other.

{ U. S. Stamps } J. C. Avery
{ $ 4.50 March }
{ 26" ,67 T.W.P. } Charles H. McElroy

Sworn to and subscribed before me

in the Probate Court this 26th day of February

A.D. 1867.

T. W. Powell Probate Judge

_______________________________
_______________________________


Record of the Will of John A. Graham deceased

Proceedings had before Thomas W. Powell

Judge of the Probate Court within and for the

County of Delaware and State of Ohio at his

office in the town of Delaware on the 16th day of

March A.D. 1867.

This day the last will and testament

of John A. Graham late of Thompson Township

deceased, was presented to the Court for probate

and record. Thereupon Charles Hill and Candis

A. Hill the two subscribing witnesses to the said will

and came into Court and were duly sworn and

examined and their testimony reduced to writing

and now annexed to the said will and filed

therewith, And it appearing to the Court that

the said will was duly executed and attested

and that the said testator at the time of execution

was of full age, and of sound mind and

memory and not under any restraint, thereupon the

Court upon consideration orders that the said will be

admitted to probate as duly proved as the last

will and testament of the said John A. Graham
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 355)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 355)

Description

[page 355]

[corresponds to labeled page 323 Will Record Volume 4 1859 - 1869]

323

Record of the Will of John A. Graham deceased


decd and ordered to be recorded as such.

Thereupon Daniel M. Russell the

Executor named in the said will appeared

and gave bonds in the sum of $ 2000. with

Charles Hill and William A. Russell as his sureties,

and was as such executor duly appointed,

accepted and qualified.

The Court appointed Thomas

Lavender, John A. Corie and James Maize appraisers

of the said estate.

T. W. Powell Probate Judge

(Copy of Will)

In the name of the

Benevolent Father of All!

I John A. Graham of Thompson Town-

=ship in the County of Delaware and State of

Ohio being of sound mind and memory and

considering the uncertainty of this frail and

transitory life:

I do therefore make ordain publish

and declare this to be my last will and testament

that is to say,

Item first After all my lawful debts are paid

and discharged the residue to be divided as following

Item 2 To my son William Graham Eight hundred

dollars provided my son William shall pay

one half of a certain note given to by me to

John McYarry as Administrator - John Smith Jr

on or about the year 1844 for the amount of

said note was given for money belonging to

the heirs of my wife Susan Graham for about

140 or 160 Dollars.

Item 3rd I give and bequeath to my daughter

Sarah Jane Pofenbarger Six hundred dollars

provided she pay the other half of the

note that is described in item 2.

Item 4 I give and bequeath to my daughter

Bathania Dilsaver Six hundred dollars

Item 5 I give and bequeath to my daughter

Alphenia Bonner the North fifty acres of land

more or less it being the North part of the

farm now owned by me in the above named

Township and County on condition that

my daughter Alphenia Bonner shall provide

and take care of my wife Sarah Graham

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 356)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 356)

Description

[page 356]

[corresponds to labeled page 324 of Will Record Volume 4 1859 - 1869]

324

Record of the Will of John A. Graham deceased


in case that she survive me and her dower in

the farm that she now resides upon shall not

furnish sufficient support for her during her

natural life time.

Item 6 I give and bequeath to my wife Sarah

Graham two Cows, five head of sheep, three

head of Hogs and all the house hold and

kitchen furniture during her natural life time

and then to be divided between Bathania Dilsaver

and Alphenia Bonner that is including the house-

hold furniture and my daughter Alphenia

shall have the controle of my new spring Waggon

to be taken charge of by her for the use and

benefit and for my wife Sarah to use and ride

in at her pleasure.

Item 7 All of the stock or out property that

may be in the hands of my wife Sarah at

her death shall be sold and the proceeds shall

be divided in equal parts between William

Graham, Sarah Jane Profenbarger and Bathania

Dilsaver

Item 8 I further order that the south part

of my farm or fifty acres strict measure it

being the South part of the farm mentioned

above that is the North part is hereby willed to

Alphenia Bonner it being the South fifty acres

to be sold and paid over to pay off the

heirs in item 2 and 3 and 4 that is to William

Graham and Bathania Dilsaver and Sarah Jane

Profenbarger.

Item 9 And I further desire that after the above

conditions are fully complied with to all of

the above mentioned heirs and the payments

made in full to each heir if there should

be a balance left in the hands of my

Executor and he shall make an equal

division of the same and pay it to the

four mentioned above in equal proportions

Item 10 I hereby constitute and appoint

Daniel M. Russell my lawful Executor to take

and settle all of my business and settle my

estate after my decease.

And I do hereby revoke all former wills by

me made in testimony hereof I have hereunto set

my hand and seal on this the 20th day of December

in the year 1866.

John A. Graham {Seal}
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 357)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 357)

Description

[Page 357]

[corresponds to labeled page 325 of Will Record Volume 4 1859 - 1869]

325

Record of the Will of John A. Graham deceased


Signed and acknowledged by the said

John A. Graham as his last will and testament

in our presents and signed by us in his presents

{U.S. Stamp } Charles Hill
{$2.50 March 16 1867}
{ T.W.P. } Candis A. Hill

The State of Ohio }

Delaware County SS } In the matter of the last will

and testament of John A.

Graham late Thompson Township deceased

We Charles Hill and Candis

A. Hill being duly sworn in open court

this 16th day of March A.D. 1867, depose

and say that we were present at the

execution of the last will and testament

of John A. Graham of Thompson Township

hereto annexed; that we saw the said testator

subscribe said will and heard him publish

and declare the same to be his last will

and testament and that the said testator

at the time of the execution of the same

was of full age and of sound mind

and memory and not under any restraint

and that we signed the same as witnesses

at his request and in his presence and

in the presence of each other.

Charles Hill

Candis A. Hill

Sworn to and Subscribed before me in the

Probate Court this 16th day of March A.D. 1867

T. W. Powell

Probate Judge

____________________
____________________


Record of the last Will of John Baker Parks decd


Proceedings had before Thomas W.

Powell Judge of the Probate Court within and

for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 18th

day of March A.D. 1867.

This day the last will and

testament of John Baker Parks late of

Brown Township in this County deceased was presented

to the Court for Probate and record. John D.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 358)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 358)

Description

[page 358]

[correspnods to labeled page 326 of Will Record Volume 4 1859 - 1869]

326

Record of the Will of John Baker Parks deceased


Leeper and Andrew Main the two subscribing

witnesses to the said will came into Court; and

were duly sworn and examined, and their

testimony reduced to writing, and now annexed to

the said will and filed therewith, And it appearing

to the Court that the said will was duly executed

and attested; and that the said testator at the

time of executing the same was of full age,

and of sound mind and memory and not

under any restraint, thereupon the court on

consideration orders that the said will be admitted

to probate as duly proved as the last will and

testament of the said John Baker Parks decd

and ordered to be recorded as such.

Thereupon Mary E. Parks and John D.

Leeper, were appointed Administrator on the

said estate with the will annexed, who accepted

the appointment and gave bonds in the sum of

$800. with Andrew Main and Rose E. Parks as

their sureties. The court appointed James Moses

John Vely and Marion Cicklea appraisers of

said estate

T. W. Powell Probate Judge


(Copy of Will)

I John Baker Parks do will

to Mary E. Parks all my property at the day

of my death. All that I shall own at that

day, Horses, hogs, Cows or Sheep or money the land

she Mary E. Parks his to have, has long has shee

lives, but not to sell the land at all; for the

land I John Baker Parks do give to Philip Parks

Garrison Parks and James Rose Parks, has A

gift to them three brothers Alone: this propperty

these three Brothers as to have at her death

and not before

John Baker Parks

Witness John D. Leeper

Witness Andrew Main

{ U. S. Stamp }

The State of Ohio } { $ 100. March 18 1867 }

Delaware County SS } { T. W. P. }

In the Matter

of the last Will and testament of John Baker

Parks late of Brown Township deceased.

We John D. Leeper and Andrew

Main being duly sworn in open Court this 18 day

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 359)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 359)

Description

[page 359]

[corresponds to labeled page 327 of Will Record Volume 4 1859 - 1869]

327

Record of the Will of John Baker Parks decd


of March A.D. 1867, depose and say we were

present at the execution of the last will

and testament of John Baker Parks of Brown

Township hereto annexed: and that the said

testator to us declared that he had written and

subscribed said will and heard him publish and

declare the same to be his last will and testament

and that the said testator at the time of

executing the same was of full age and of

sound mind and memory and not under

any restraint, and that we signed the same

as witnesses at his request and in his presence

and in the presence of each other

John D. Leeper

Andrew Main

Sworn to and subscribed before me in the Probate

Court this 18th day of March A.D. 1867

T. W. Powell Probate Judge

_______________________
_______________________


Record of the last Will of Peter Hoy deceased


Proceedings had before Thomas W. Powell Judge

of the Probate Court within and for the County of Delaware

& State of Ohio at his office in the town of Delaware

on the 6th day of April A.D. 1867.

This day the last will and testament

of Peter Hoy late of Genoa Township in this County decd.

was presented to the Court for probate & record.

Thereupon George W. Wells and Charles Freeman the two

subscribing witnesses to the said will came into court and

were duly sworn and examined and their testimony

reduced to writing, and annexed to the will, and filed

therewith; and it appearing to the court that the

said will was truly executed and attested, and that

the testator at the time of executing the same was of

full age and of sound miind and memory and not

under any restraint; thereupon the Court upon consideration

Orders that the said will be admitted to probate as duly

proved as the last will and testament of the said

Peter Hoy decd. and Ordered to be recorded as such.

Thereupon William Hoy the executor

named in the said will appeared in Court and

accepted his said appointment as such executor and

gave bonds in the sum of $ 4000 with Charles Freeman

and George W Wells as his sureties, The Court appointed Andrew J.

Smith, John Foster and Madison Poppleton appraisers of said

Estate. T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 360)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 360)

Description

[page 360]

[corresponds to labeled page 328 of Will Record Volume 4 1859 - 1869]

328

Record of Will of Peter Hoy deceased


(Copy of Will)


In the name of the Benevolent Father of all I Peter

Hoy do make and publish this my last will and testament

Item first - I give and devise to my beloved wife

Mariah Catharine Hoy in lieu of her dower the farm

on which we now reside situated in Genoa Township,

Delaware County containing about one hundred acres

during her natural life or as long as she remains my

widow and all the stock, household goods furniture provisions

and other goods and chattel which may be thereon at the

time of my decease during her natural life as aforesaid

She however selling or cosing to be sold enough of off the

North side of my real estate together with my personal

property or the proceded thereof as may then remain

unconsumed and unexpended as may be sufficient to pay

my just debts.

Item 2nd If my Wife should die before my three daughters

Heinrata, Earnney & Susan Hoy should arive at the age

of eighteen then the you use of my said real estate shall

be for their own benefit to clothe & educate them till they

arrive at the age of eighteen.

Item 3rd And at the death of my said wife Mariah

Hoy then my real estate and all of my personal

property that may then remain unconsumed shall

be sold and divided equally amonks my children.

Item 4th I do hereby nominate and appoint my

brother William Hoy Executor of this my last will and

testament hereby authorizing and empowering him to

compromise adjust releas and discharge in such

manner as he may deem proper the debts and

claims due me I do also authorize and empower

him if it shall become necessary in order to pay

my debts to sell by private sale or in such manner

upon such terms of credit or otherwise as he may

think proper all or any part of my real estate

and deeds to purchasers to execute, acknowledge, deliver

in fee simple.

I do hereby revoke all former wills by me made

in testimony whereof I have hereunto set my hand

and seal this 15th day of February 1867.

Signed and acknowledged by said. Peter Hoy {Seal}

Peter Hoy as his last will and

testament in our presence and

signed by us in his presants

G. W. Wells

C. Freeman

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 361)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 361)

Description

[page 361]

[corresponds to labeled page 329 of Will Record Volume 4 1859 - 1869]

329

Record of the Will of Peter Hoy deceased


The State of Ohio }

Delaware County SS } In the matter of the last Will and

testament of Peter Hoy late of Genoa

Township deceased.

We George W. Wells and Charles Freeman

being duly sworn in open Court this 6th day of

April A.D. 1867 depose and say that we were present

at the execution of the last will and testament

of Peter Hoy of Genoa Township in this Courty hereto

annexed, that we saw the said testator subscribe

said will and heard him publish and declare

the same to be his last will and testament, and

that the said testator at the time of executing

the same was of full age and of sound mind

and memory and not under any restraint and

that we signed the same as witnesses at his

request and in his presence and in the

presence of each other

Charles Freeman

G. W. Wells

Sworn to and Subscribed before me in the Probate

Court this 6th day of April A.D. 1867

T. W. Powell Probate Judge

____________________
____________________


Record of the last will of Elizabeth Leak deceased.


Proceedings had before Thomas W. Powell Judge

of the Probate Court within and for the county of

Delaware and State of Ohio at his office in Delaware

on the 13th day of May A.D. 1867.

April 27th 1867, this day the last will and

testament of Elizabeth Leak dec'd late of Trenton

Township in this County, was presented to the Court

for probate and record. Thereupon Elias Kimball one

of the subscribing witnesses to the said will came

into court and was duly sworn and examined and

his testimony reduced to writing, and annexed to the

said will: and it appearing that Joseph H. Kimball

the other subscribing witness was residing in the

County of Allen, Ohio, Thereupon the Court issued a

Commission to the Probate Judge of said County of

Allen, to take and return to this court the

testimony of the said Joseph H. Kimball, annexed

to the said will a copy thereof being retained in this
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 362)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 362)

Description

[page 362]

[corresponds to labeled page 330 of Will Record Volume 4 1859 - 1869]

330

Record of the Last Will of Elizabeth Leak dec'd


this office; and the further consideration of this matter

be continued until the return of the said commission.

T. W. Powell Probate Judge


May 13th 1867, This day the commission heretofore

issued in this case to take the testimony of Joseph

H. Kimball one of the witnesses to the said will

was returned and the testimony of the said witness

duly taken and annexed to the said will and

now on file, and it appearing to the Court that the

said will was duly executed and attested, and that

the testatrix at the time of executing the

same was of full age and of sound mind and

memory and not under any restraint;

thereupon the Court upon consideration thereof orders

that the said will be admitted to probate as

duly proved as the last will and testament of

the said Elizabeth Leak decd; and ordered to be recorded

as such.

Thereupon letters testamentary were granted

and issued to John M. Leak the executor named in the

said will, who gave bonds in the sum of $ 800 with

John Armstrong and Lewis C. Lenebery his sureties

As the said Executor is the residuary legatee this bond

is intended only to secure the payment of debts and

legacies; and no appraisement and sale of the property

is required.

T. W. Powell Probate Judge


(Copy of Will)


I Elizabeth Leak of the Township of Trenton

in the County of Delaware, State of Ohio; do make and

publish this my last will & testament hereby revoking

all former wills by me made, In as much as my son John

M. Leak has this day executed & delivered to me a written

agreement to release now & forever all lien & every claim

he has against the land willed by my deceased husband

John Leak, to my grandson Obadiah Leak, by reason

of a certain settlement in the contest of said will

entered on page twenty nine of Vol. one, Journal of the district

Court of said County. Now therefore I do give & bequeath to

said John M. Leak all my property of every kind & nature

whatsoever, & in whatsoever form it may be found at

my death, whether in money, credits, cattle stock, household

furniture or in any other form.

I desire that in case my said grandson

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 363)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 363)

Description

[page 363]

[corresponds to labeled page 331 of Will Record Volume 4 1859 - 1869]

331

Record of the Last Will of Elizabeth Leak deceased


Obadiah Leak shall die before he is twenty one years

of age that my son John M. Leak still retain his lien

on his said land & that he still may have the property

I may leave at my death And I hereby appoint

said John M. Leak Executor of this my last will & it is

my wish that he may not be required to give

bond or return any appraisement of said property to the

Court.

Witness my signature this 11th day of Dec. A.D. 1857

her

Elizabeth X Leak {Seal}

mark

Signed & acknowledged by said Elizabeth Leak as her

last will & testament in our presence & signed by us in

her presence at her request

E. Kimball

J. H. Kimball


The State of Ohio }

Delaware County SS } In the matter of the last will

and testament of Elizabeth Leak

late of Trenton Township in this County deceased

I Elias Kimball being duly sworn in open

court this 27th day of April A.D. 1867, depose and say that

we this deponent and Joseph H. Kimball were present at

the execution of the last will and testament of Elizabeth

Leak of Trenton Township hereto annexed; that we saw

the said testatrix subscribe said will and heard her

publish and declare the same to be her last will

and testament, and that the said testatrix at the

time of executing the same was of full age, and of

sound mind and memory, and not under any restraint

and that we signed the same as witnesses at her

request and in her presence and in the presence of

each other

E. Kimball

Sworn to and subscribed before me in the Probate

Court this 27th day of April A.D. 1867.

T. W. Powell Probate Judge

The State of Ohio }

Delaware County SS } In the Probate Court.

To the Probate Judge for the County of Allen

in the State of Ohio Greeting

Placing special confidence in your integrity

and abilities, you are hereby appointed, authorized

and empowered to take the testimony of Joseph H.

Kimball one of the witnesses to the execution of the
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 364)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 364)

Description

[page 364]

[corresponds to labeled page 332 of Will Record Volume 4 1859 - 1869]

332

Record of the last Will of Elizabeth Leak deceased.


last will and testament of Elizabeth Leak hereto annexed

and for that purpose you are authorized to have said

J. H. Kimball, in your county, brought before you, and

administer to him the proper oath in due form of

law and reduce his testimony to writing and annex

the same to the said will and return the same to

this Court, duly enclosed and sealed up by you.

And for so doing this shall be your commission

and full authority

Witness my hand and the seal of the said

{Seal} Probate Court at Delaware, Ohio this 30th day

of April 1867

T. W. Powell Probate Judge


The State of Ohio }

Allen County SS } In the Probate Court

The undersigned Charles M. Hughes

Judge of the Probate Court in & for Allen County, hereby

report that in complyance with the power and authority

of the within commission I have taken the deposition

of Joseph H. Kimball as the attestation and execution

of the last will and testament of Elizabeth Leak

decd. hereto annexed and have taken the testimony

of the said witness and reduced the same to writing

and annexed the same to said will all of which

is herewith by me enclosed, sealed up and directed

Witness my hand and Seal at

{Seal} Lima in the said County of Allen this

2nd day of May 1867

Charles M. Hughes

Probate Judge

The State of Ohio }

Delaware County SS } In the matter of the last Will

and testament of Elizabeth Leak

late of Delaware County deceased

I Joseph H. Kimball being duly sworn

in open court this 2nd day of May AD 1867 before the

undersigned Probate Judge of Allen County, depose

and say that we were present at the execution of

the last will and testament of said Elizabeth Leak

of Trenton Township Delaware Co. hereto annexed: that

we this deponent and Elias Kimball saw the said

testatrix subscribe said will and heard her publish

and declare the same to be her last will and

testament and that the said testatrix at the

time of executing the same was of full age, and of

sound mind and memory, and not under any restraint
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 365)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 365)

Description

[page 365]

[corresponds to labeled page 333 of Will Record Volume 4 1859 - 1869]

333

Record of the Will of Elizabeth Leak decd


and that we signed the same as witnesses at her

request and in her presence and in the presence

of each other

J. H. Kimball

Sworn to and subscribed before me in the Probate Court

of Allen County this 2nd day of May A.D. 1867

Charles M. Hughes

Said Commissioner and Probate Judge

____________________
____________________


Record of the Last Will of Katharina Frey decd.


Proceedings had before Thomas W.

Powell Judge of the Probate Court within and

for the County of Delaware, Ohio at his office

in Delaware Ohio on the 5th day of June A.D. 1867.

This day the last will and testament

of Katharina Frey late Genoa Township decd was

presented to the Court for probate and record.

Thereupon Asa Wickham, Samuel Kahler

and Christian Atthaus the subscribing witnesses to the

said will came into Court and were duly sworn

and examined and their testimony reduced to

writing and now annexed to the will and filed

therewith; and it appearing to the court that the

said will was duly executed and attested; and that

the testatrix at the time of executing the same

was of full age, and of sound mind and

memory and not under any restraint; thereupon

the Court upon consideration thereof Orders that

the said will be admitted to probate as duly

proved as the last will and testament of the

said Katharina Frey decd and ordered to be

recorded as such

T. W. Powell Probate Judge


(Copy of Will)


In the name of the Benevolent Father of

all, I Katharina Frey of Genoa Township, Delaware

County, Ohio, do make and publish this my last

will and testament.

Item first, I give and devise to my beloved

husband the farm on which we now reside situate

in Genoa Township, Delaware County, Ohio containing

about thirty four acres during his natural life

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 366)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 366)

Description

[page 366]

[corresponds to labeled page 334 of Will Record Volume 4 1859 - 1869]

334


Record of the last will of Katharina Frey decd.


and all the stock household goods, furniture

provisions and other goods and chattels which

may be hereon at the time of my decease

during his natural life as aforesaid (he however

selling so much there of as may be sufficient to

pay my just debts.).

Item 3 I do hereby nominate my beloved husband

guardian of my daughter Julia and my son

Charles until they are of lawful age or intermarry

but if my husband should decease before my

daughter Julia and son Charles are of lawful age

I do hereby nominate Frederick Alba as Guardian of

my daughter Julia and son Charles, I desire that no

appraisement and no sale of my personal property be

made and that the court of probate direct the omission

of the same in pursuance of the statue.

In testimony hereof I have hereunto

set my hand and seal this Nineteenth day of May

in the year 1865.

Katharina Frey

Signed and acknowledged by said Katharina Frey as

her last will and testament in our presence and signed

by us in her presence

Asa Wickham

Sam Kahler

Christian Althens

The State of Ohio}

(Delaware County of} In the matter of the last will and

testament of Katharina Frey late of

Genoa Township in this county deceased.

(We Asa Wickham, Samuel Kahler

and Christian Althens being duly sworn in open court

this 5th day of June A.D. 1867 depose and say that we

were present at the execution of the last will and

testament of Katharina Frey of Genoa Township hereto

annexed; that we saw the said testator subscribe said will

and heard her publish and declare the same to be her

last will and testament and that the said testatrix

at the time of executing the same was of full age,

and of sound mind and memory, and not under

any restraint and that we signed the same as witnesses

at her request and in her presence and in the

presence of each other. Asa Wickham

Samuel Kahler

Christian Althens


Sworn to and subscribed before me in the Probate Court this 5th day of

June A.D. 1865 T.W. Powell Probate Judge


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 367)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 367)

Description

[page 367]

[corresponds to labeled page 335 of Will Record Volume 4 1859 - 1869]

335


Record of the Last Will and Testament of Henry Willey decd

Proceedings had before Thomas W.

Powell Judge of the Probate Court within and for the

County of Delaware State of Ohio at his office in the

town of Delaware on the 7th day of June A.D. 1867

This day the last Will and testament

of Henry Willey late of Troy Township in this county

decd. was presented to the Court for probate and

record. - Thereupon Theodore P Reid, George C. Eaton

and James Eaton the Subscribing Witnesses to the

said will came into court and were duly sworn and

examined, and their testimony reduced to writing and

now annexed to the said will and filed therewith; and

it appearing to the court that the said will was

duly executed and attested; and that the said

testator at the time of executing the same was of

full age and of sound mind and memory, and not

under any restraint; thereupon the Court, upon

consideration thereof orders that the said be admitted

to probate as duly proved as the last will and

testament of the said Henry Willey decd. and recorded

as such

There upon Ephraim Willey and Samuel Willey

the executors named in the said will appeared in

Court accepted their said appointment and gave bonds

in the sum of $5000 with Soloman B. Weiser and Thomas

Slough as their sureties. The Court appointed William

Seigfried John Downing and Anthony Smith as appraisers

of the estate and accordingly issued letters testamentory

to the said executors. T.W. Powell Probate Judge

(Copy of Will)

"Will"

I, Henry Willey, of Troy Township, Delaware

County, State of Ohio, being of sound and disposing

mind memory and understanding, do make,

publish & declare this to be my last will and

testament; hereby revoking and making null and
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 368)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 368)

Description

[page 368]

[corresponds to labeled page 336 of Will Record Volume 4 1859 - 1869]

336

Record of the last Will and Testament of Henry Willey decd.


void all former last will and testaments and writings

in the nature of last wills and testaments by me made.

My will is first; that my funeral

charges and all just debts shall be paid by my Executors

hereinafter named.

The residence of my estate and property which

shall not be necessary for the payment of my just debt,

funeral charges and expences attending the execution of this

my last will and the administration of my estate.

I give, devise and dispose of as follows.

1st I give and bequeath to my son Ephraim Willey six

shares of stock in the C.C. & C. Rail Road Company

of One hundred dollars each.

2nd I give and bequeath to my daughter Harriet Seigfried

six shares of stock in the C. C. & C. Rail Road Company

of One hundred dollars each.

3rd I give and bequeath to my son Henry Willey all the interest

that has or may accumulate on six notes of hand of

one hundred and fifty dollars each making nine hundred

dollars said notes dated on or about the 24th of September

A.D. 1860.

Also I give and bequeath to said Henry Willey the sum

of Two thousand dollars already advanced to him.

4th I give and bequeath to David Willey my son the

above referred to notes i.e. the face of said six notes

making Nine hundred dollars also I give and bequeath

to my said son David Willey Forty-one acres of land more or less

being part of the North west quarter of section twenty three (23)

Township six (6) Range Nineteen (19) of the United States

Military Survey in Troy Township, Delaware County, State of

Ohio. To have and to hold said Forty one acres of land

more or less to his own heirs or assigns forever.

5th I give and bequeath to my two sons Samuel Willey and Frank

Willey three hundred and thirty six acres of land situated in

Troy Township, Delaware County, State of Ohio. and being the

north half of section twenty four (24) Township six (6) Range

Nineteen (19) of the United States Military Survey To have

and to hold as tenants in common to their own,

their heirs or assignes forever it being the Farm on

which I now live.

6th I give and bequeath to each of my following

married daughters Viz Mrs Mary Loy, Mrs Eliza Morison,

Mrs Eliza Myer and Miss Clarrissa A Willey the sum of one

thousand dollars each to be paid to them by my

son Samuel Willey on or before the time that my son
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 369)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 369)

Description

[page 369]

[corresponds to labeled page 337 of Will Record Volume 4 1859 - 1869]

337


Record of the last Will and Testament of Henry Willey decd.


Frank Willey becomes of age i.e. twenty one years of

age; it being my intention and meaning of this devise that

any advance in money or property that has been

made to said daughters or to either of them or that may

be made to them previous to said period of my said son

Frank becoming of age is to be deducted out of their

respective sums of said thousand dollars each;

and for the purpose of better enabling said Samuel Willey

to pay the above legacies of one thousand dollars each

to my said four daughters.

I give and bequeath to my said son Samuel Willey

all the stock of horses, cattle, sheep, hogs and other

personal property such as farming utensils, wagons, etc on

or belonging to said farm excepting one horse or more

which I hereby give and devise to my said son Frank

Willey he to have his choice of either; also excepting Forty

head of sheep to be given to said Frank out of the stock

of sheep on said farm when he becomes of age.

7th I give and bequeath the household furniture, clothing

beds and bedding as follows Viz to said Clarrissa A.

Willey the bed and bedding (as now claimed & used & called

mine also to said Clarrissa A. one of the Beurow, and

all the residue of household furniture, clothing, bedding

dishes and other house - hold utensils to be equally divided

as to value between said Samuel Willey, Clarrissa A.

Willey and Frank Willey for their their own use forever.

It is my will and I so direct that my Executors keep the

farm and the fences thereon in good repair and the taxes paid

out of the avails and products of said farm until my said

son Frank Willey becomes of age the residue of the avails

of said farm over and above the necessary amount to keep

the same improved as above to be enjoyed & received by said

Samuel Willey and Frank Willey.

I do hereby nominate and appoint my said

sons Ephraim Willey and Samuel Willey my sole Executors

on this my last will and testament.

In testimony where of I the said Henry Willey

have here subscribed my name and affixed my seal this

ninth day of June A.D. 1866.

Henry Willey {seal}

Signed, sealed and declared by said Henry Willey to be his last

will and testament in presence of us who at his request and

in his presence have subscribed our names as witnesses hereto

in the presence of each other Theo P Reid

Geo C Eaton

James Eaton


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 370)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 370)

Description

[page 370]

[corresponds to labeled page 338 of Will Record Volume 4 1859 - 1869]

338

Record of the Last Will and Testament of Henry Willey deceased

{U.S. Stamps $12.00}

The State of Ohio }

Delaware County of } In the matter of the

last will and testament of Henry Willey late of Troy

Township in this county deceased.

We Theadore P. Reid George C. Eaton

and James Eaton being duly sworn in open court this 7th

day of June A.D. 1867, depose and say that we were

present at the execution of the last will and testament

of Henry Willey of Troy Township in County hereto

annexed; that we saw the said testator subscribe said will

and heard him publish and declare the same to be his

last will and testament and that the said testator at

the time of executing the same was of full age and

of sound mind and memory and not under any restraint

and that we signed the same as witnesses at his request

and in his presence and in the presence of each other.

James Eaton

Theo P Reid

Geo C. Eaton

Sworn to and subscribed before me in the Probate Court

this 7th day of June A.D. 1867.

T.W. Powell Probate Judge

__________________________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 371)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 371)

Description

[page 371]

[corresponds to labeled page 339 of Will Record Volume 4 1859 - 1869]

339

Record of the Will of Alexander McCutchen decd

Proceedings had before Thomas W. Powell, Judge

of the Probate Court within and for the County of Delaware

Ohio at his office in the town of Delaware on the 14th day

of June A.D. 1867.

(Copy of Journal Entery)

This day James Olds Esq presented

for record, the authenticated copy from the record of the

Probate Judge of Richland County in this state of the

authenticated copy of the will of Alexander Mc Cutchen late

of Franklin County in the State of Pennsylvania decd as

admitted to probate in the Register's office in said county

of Franklin on the second day of August 1844 and duly

certified to be the last will and testament of the said

Alexander McCutchen decd and admitted to record by

the said Probate Judge of Richland County in this State

on the 22nd day of July 1857, together with the order of

the said Probate Judge to record the same in said

County of Richland annexed thereto, and duly certified

by the said Probate Judge under the seal of the said

Court. and this Court being satisfied that said will

related to property situated in the said county of

Richland and also in this county; it is therefore

ordered that that the same be filed and recorded in this

County. T.W. Powell Probate Judge

(Copy of the said will)

In the matter of the }

Last will and testament } Be it remembered that on the twenty

of Alexander McCutchen deceased} second day of July one thousand

eight hundred and fifty seven.

a copy of the Last will and testament of Alexander

McCutchen late of Franklin County in the State of Pennsylvania

deceased as admitted to Probate in the Registers office

in said county on the second day of August one thousand

eight hundred and forty four and certified to be a true

copy of said last will and testament of said Alexander

McCutchen deceased on the third day of July one thousand

eight hundred forty five by John W. Rogers Register of said

county. was this day produced in this county and filed

It is therefore by this court ordered on motion that said

Alexander McCutchen late of said Franklin County in

the State of Pennsylvania be admitted to Probate and

recorded in the will record of this county

Joel Myers Probate Judge



Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 372)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 372)

Description

[page 372]

[corresponds to labeled page 340 of Will Record Volume 4 1859 - 1869]

340


Record of the Will of Alexander McCutchen

In the matter of }

the Last Will and } Be it remembered that on the 22nd

Testament of Alex } day of July A.D. 1867 the following will was

McCutchen deceased } filed in this Court and ordered to be recorded; viz

Be it remembered that I Alexander McCutchen of

the Township of Antrim County of Franklin and State of

Pensylvania being of sound and disposing mind and

memory and being anxious to settle my worldly

affairs which I have strength so to do. I do publish

and declare this to be my last will and testament

hereby revoking all former wills by me heretofore made

First. I allow all my just debts and funeral expenses

to be paid as soon as possible after my decease.

Second I give and bequeath to my daughter Catharine

Married to Samuel McCutchen the tract of land they now

live on in the County of Westmoreland and State of

Pensylvania Containing four hundred acres be the same

more or less to her during her natural life and at her

death to her lawful issue excepting only that the said

Samuel McCutchen her said husband should he survive

her is to have one third of the profits of said tract

of land during his remaining a widower and to

commit no waste on said farm I also give and bequeath

to my said Daughter Catherine one other tract of land

in the County and State aforesaid adjoining lands of

Joseph Irwin James McCutchen heirs and others, containing

one hundred & sixty acres more or less to her own proper

use and benefit and at her death to the heirs born of

her own body to them and each of them share and share

alike and to their heirs and assigns forever and the

said Catharine or her heirs in case of her death is

to have the one fifth part of my personal property

after my death viz after my debts and funeral

expenses are paid.

Third to my son William McCutchen I give and bequeath

the tract of land he now lives on in the county of

Knox and State of Ohio containing two hundred acres

be the same more or less to have and enjoy the same

during his natural life and after his death to his legitimate

heirs excepting that he leave his wife a widow she is

during her widowhood and no longer She is not to

commit any waste on said land nor suffer any waste

by others. Also I give and bequeath to Alexander B.

McCutchen son of said William my volume of Henrys

Commentarys to his own use and benefit.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 373)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 373)

Description

[page 373]

[corresponds to labeled page 341 of Will Record Volume 4 1859 - 1869]

341


Fourth I give and bequeath to my son Alexander McCutchen

two tracts of land in Delaware County, State of Ohio one

of them known by the name of the Delaware run lot

containing one hundred and twenty four acres be the

same more or less, the other known by the name of the

sugar run lot containing one hundred and twelve

acres more less to him during his natural life and at

his death to his lawful issue excepting that if he leave

a widow she is to have one third of the profits of said

two tracts of land during her widowhood and she is not

to make or suffer any waste on said two tracts of land.

Fifth I give and bequeath to my three grand children

Sarah Harvey, Jane Harvey and Alexander McCutchen Harvey

children of my daughter Margaret deceased my tract of land

in Richland County and State of Ohio containing one hundred

and sixty acres and known by the name of the

Minton lands to be divided share and share alike among

the said three children and they to have possession at

my death if at age or by their guardian for their use

and benefit and also the three named children is to

have the one fifth part of my personal estate as soon

as possible after my decease and to have the one

half of the proceeds of the farm on which I now live

until the farm is sold the tract of land bequeathed

to my said three Grandchildren named in the first

part of this bequest is to them and their heirs and assigns

forever. Sixth I give and bequeath to my grandchildren

Alexander McCutchen Comman, Eloner Rowling Comman

and Eliza Jane Comman children of my daughter Betsy

Eloner married to John L. Comman and if my said

daughter Betsy should have other children besides the above

named children I allow them to have an equal share of

the property bequeathed to my said daughter so that all

the lawful children born of her body shall have and

enjoy an equal part I give and bequeath to my

said daughter Betsy Elenor my tract of land in Richland

County and State of Ohio containing three hundred and

twenty acres be the same more or less the said Betsy Eloner

to hold and enjoy the whole and sole profits of said tract

of land during her natural life and at her death I allow

her children born in wedlock the whole of said tract of

land share and share alike the farm is known by the

name of the Buzzard farm to them and their heirs

and assigns forever.

And I do hereby authorize and empower

my two sons William and Alexander McCutchen or either
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 374)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 374)

Description

[page 374]

[corresponds to labeled page 342 of Will Record Volume 4 1859 - 1869]

342

Record of the last Will of Alexander McCutchen decd


of them to sell and convey to the purchasers my Mansion

farm in which I now reside in the County of Franklin and

State of Pensylvania as soon as convenient after my decease

to the best advantage and out of the first payment

of said tract of land to pay my said daughter Betsey E

Comman three hundred dollars and the residue of her one

fourth part of the money arising from the sale of said

Mansion farm is to be laid out by my two sons or

either of them in the purchase of land or property

in town or in erecting Mill works or either Machinery

on the farm bequeathed to my said daughter Betsey and

her children the property thus purchased or improved

I allow my said daughter to have and enjoy during

her life and at her death it is my will that her

lawful issue shall have and enjoy the whole of said

property viz the Buzzard tract of land in Ohio and the

land or town property bought out of the proceeds of

my mansion farm as above directed for the use of

my said daughter Betsey shall be for the use of her

children after her death share and share alike to them

and their heirs and their assigned forever.

And further it is my will that the

whole of my Mansion farm on which I now reside

or the proceeds after sale be divided equally between

my sons William and Alexander McCutchen Betsey E

Comman and my three grand children Sarah Harvey Jane

Harvey and Alexander M. Harvey the three children of

my daughter Margaret Harvey deceased so that the said

three children shall have the one fourth of the money

arising from the sale of the said Mansion farm the

said three named children to get but the one fourth of

said farm to their own proper use and benefit forever

and further it is my will that my daughter Betsey

E. Comman is to have one half of the [illegible] of

my said Mansion farm for her support until said

farm is sold I bequeath to my two sons Alexander and

William McCutchen my wearing apparrel I bequeath to my

daughter Betsey and to my three grandchildren Sarah

Jane and Alexander M. Harvey the whole of my books except

Henrys Commentarys which is before bequeathed to be equally

divided between them and further it is my will that

my Executors hereinafter named shall the whole of my

personal property except such as has been bequeathed

and which is hereafter bequeathed and after paying all

just debts and funeral expenses and other legal charges

the overplus I allow my executors to divide equally
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 375)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 375)

Description

[page 375]

[corresponds to labeled page 343 of Will Record Volume 4 1859 - 1869]

343

Record of the Last Will of Alexander McCutchen decd.


between my children and grand children viz my

daughter Catharine McCutchen Betsey E. Comman and

my two sons William and Alexander McCutchen and

my three grand children heirs of my daughter

Margaret Harvey deceased so that the said overplus

be divided into five equal shares and further I

bequeath to my grandson Alexander M. Harvey my

yearling colt and also I allow him one bed and

bedding and I allow each of my grand daughters Jane

Harvey and Sarah Harvey to have a bed and bedding

the two beds I allow to Jane and Sarah is to be

their mothers beds and lastly I nominate and

appoint William Stover and John P. Comman Executors

of this my last will and testament and full power

to carry it into complete effect.

In testimony whereof I have hereunto set

my hand and seal the 19th day of August one

thousand eight hundred and forty two.

Alexander McCutchen

Published in presence of }

Jones Rohanser }

Andrew B. Rankin }

In addition to the former part of my

Will I give and bequeath to my two grandsons

children of my daughter Betsey E. Comman viz to John

Siless Comman and Robert Barrett Comman an

equal share or proport of the whole of the Estate

bequeathed their mother in sixth bequest so that after

her decease the said John & Robert shall have and enjoy

an equal part of said estate with the other children

of my said daughter Betsey E Comman in testimony

whereof I have hereunto set my hand and seal the

twenty nineth day of August one thousand eight hundred

and forty two.

Alexander McCutchen

Witness present at signing }

Jonas Rahanser }

Andrew B. Rankin }

The State of Pensylvania Franklin County SS

7th August 1844 Personally appeared before me Register etc

in and for said County Jonas Rahanser and Andrew

B. Rankin Esqr the subscribing witnesses to the foregoing

last will and codicil of Alexander McCutchen decd who

being duly sworn according to law did depose and

say they were personally present and saw the said
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 376)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 376)

Description

[page 376]

[corresponds to labeled page 344 Will Record Volume 4 1859 - 1869]

344

Record of the Last Will of Alexander McCutchen decd


Alexander McCutchen sign his name unto and heard

him publish pronounce and declare both instruments

to be his last will and testament and that at

the time of the doing thereof of the said deceased

was of sound and disposing mind memory and understand-

=ing according to the best of their understanding and

belief and that their names thereto subscribed as

witnesses are in their own proper hand writing and

done at the same time.

Jonas Rahanser

Andrew B. Rankin

Sworn to and Subscribed before

John W. Rogers

Regs

7th August 1844 you William Stover do affirm and

John P. Comman do swear that as executors of the last

will and testament of Alexander McCutchen deceased

you will well and truly administer the goods and chattels

rights and credits of said deceased according to law

and also will diligently and faithfully regard and

well and truly comply with the provisions of the law

relating to collateral inheritances

Before John W. Rogers

Register

The State of Ohio }

Richland County SS } I Joel Myers Judge of the Probate Court

in and for said County, do hereby certify

that the within foregoing and attached writing is a correct

copy from the Will Record of said county now in said

Probate Court of the Last Will and testament and Codicil etc

of Alexander McCutchen.

Witness, my signature and the seal of said Court

at Mansfield, this 11th day of June A.D. 1867

{Seal} Joel Myers Probate Judge

By Henry D. Keith Deputy Clerk

____________________________
____________________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 377)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 377)

Description

[page 377]

[corresponds to labeled page 345 of Will Record Volume 4 1859 - 1969]

345

Record of the Will of Cephas Carter dec'd


Proceedings had before Thomas W.

Powell, Judge of the Probate Court within and for the

County of Delaware and State of Ohio at his office at

Delaware Ohio on the 12th day of July A.D. 1867.

This day the last will and testament of Cephas

Carter, late of Delaware dec'd was presented to the

Court for Probate and record, thereupon Henry J. Eaton

and Jacob Reifs the two subscribing witnesses to the

said will came into Court and were duly sworn and

examined and their examination and testimony

reduced to writing annexed to the said will and

filed therewith: and it appearing to the Court that

the said will was duly executed and attested,

and that the testator at the time of executing was

of full age, and of sound mind and memory and

not under any restraint: Thereupon the Court upon consideration

of the matter, orders that the said will be admitted to

probate as duly proved as the last will and testament

of the said Cephas Carter dec'd and ordered to be

recorded as such.

Thereupon, and it appearing that Griffith

Roberts the executor named in the will is dead, on

motion and consideration the Court appointed Oren

Shumway Administrator with the will annexed of the

Estate of the said Cephas Carter decd. who gave

bonds in the sum of $15,000 with Alexander Horton,

John M. Pugh and Harriett S. Carter his sureties and

the Court appoint Charles Stenbeck, Archabald Lybrand and

Moses L. Starr appraisers of the said estate.

T. W. Powell Probate Judge


(Copy of Will)


On this fourth day of April in the year of our Lord

Eighteen hundred and Sixty Six, I, Cephas Carter of the

town of Delaware, County of Delaware, State of Ohio, do

make and publish, this my last will and testament

hereby revoking any & all former wills by me made

Item 1st I do give devise and bequeath to my

daughter Harriet S. Carter, the premises where we now

reside situated on the East side of Liberty Street between

Winter Street & North Street in the town of Delaware, Ohio
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 378)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 378)

Description

[page 378]

[corresponds to labeled page 346 of Will Record Volume 4 1859 - 1969]

346

Record of the Will of Cephas Carter dec'd


being the middle part of Inlot number sixteen

in said town, more particularly described in the deed

therefor made to me & dated April 1st A.D. 1865 from Elizabeth

C McCracken, recorded in record of deeds for said County

Volume 52 page 347 being the same premises in said deed

described, I bequeath the said premises to my said daughter

Harriet S. to be hers absolutely in fee simple, together with

my household furniture.

Item 2d. It is my will, and I desire & do here give &

bequeath all the residue of my property not included

in item number one, of whatsoever nature or form the

said property may be in at my decease whether real

or personal property, notes, bonds, accounts, or in

whatsoever other form the same may be in, to my son Benjamin

F. Carter & my daughters Abigail Parks, (wife of James Parks

of Columbus Ohio) Almeda S. Roberts (wife of Griffith Roberts of

Columbus, Ohio.) Augenette Shumway (wife of Orin Shumway

of Columbus Ohio) & Harriet S. Carter of Delaware Ohio,

to be equally divided amongst them, that is, to each

of them the one fifth (1/5) part of the residue of my

property not included in item number one.

Item 3rd I nominate, constitute and appoint my son in

law, the said Griffith Roberts of the City of Columbus Ohio,

Executor of this my last will & testament.

In testimony whereof I, the said

Cephas Carter, have hereunto set my hand & seal this fourth

day of April A.D. 1866

Cephas Carter {seal}

Signed by said Cephas Carter in our presence, & by him

to us acknowledged to be his his last will & testament, &

signed by us as witnesses thereto, at his request & in his

presence & in the presence of each other

Jacob Reiss

Henry J. Eaton


The State of Ohio, Delaware County Ss.

In the matter of the last will and

testament of Cephas Carter late of Delaware deceased;

We, Henry J. Eaton and Jacob

Reiss being sworn in open Court this 12th day of July

A.D., 1867. depose and say, that we were present at

the execution of the last will and testament of Cephas

Carter of Delaware Ohio, hereto annexed; that we

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 379)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 379)

Description

[page 379]

[corresponds to labeled page 347 of Will Record Volume 4 1859 - 1969]

347

Record of the Will of Cephas Carter Decd


saw the said testator subscribe said will and

heard him publish and declare the same to be

his last will and testament, and that the said

testator at the time of executing the same was of

full age, and of sound mind and memory, and

not under any restraint, and that we signed the

same as witnesses at his request and in his presence

and in the presence of each other.

Henry J. Eaton

Jacob Reiss

Sworn to and subscribed before me in the Probate

Court this 12th day of July AD 1867.

T.W. Powell Probate Judge

_______________________________________________


Record of the Will of David T. Sherman deceased

Proceedings had before Thomas W. Powell

Judge of the Probate Court within and for the County of Delaware

and State of Ohio at his Office in the town of Delaware on

the 30th day of August A.D. 1867.


This day the last will and testament of David

T. Sherman late of Berkshier Township in this County decd.

was presented to the Court for Probate & record. Thereupon James

P. Crawford and Amos Utley the subscribing witnesses

to the said will came into Court and were duly sworn and

examined, and their testimony recuded to writing and

annexed to the Will and filed therewith, and it appearing

to the Court that the said Will was duly executed and

attested; and that the testator at the time of executing the same

was of sound mind and memory, and not under any restraint;

Thereupon the court upon consideration thereof; Orders

that the said Will be admitted to probate as duly proved

as the last will and testament of the said David T. Sherman

decd and ordered to be recorded as such.

T.W. Powell Probate Judge


(Copy of the Will)

In the name of the Benevolent Father of All

I David T. Sherman of the Township

of Berkshire County of Delaware and State of Ohio do

make and publish this my last will and Testament.

Item 1st I give and devise to my Beloved Wife in

lieu of her dower the house and Lot on which we

now reside said Lot Bounded and described as

follows on the West by Berkshire Street on the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 380)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 380)

Description

[page 380]

[corresponds to labeled page 348 of Will Record Volume 4 1859 - 1969]

348

Record of the Will of David T Sherman decd


South by land belonging to John Frost on the East by

H. C. Frosts lands and on the North by lands belonging to

Amos Utley and Isreal Bach containing about four and

three quarter Acres. Also my lot on the West of Berkshier

Street Bounded, Bounded on the East by Berkshier Street

on the North by J.P. Crawfords lot on the West by John M.

Frosts land and on South by David Shermans Lot.

Also a lot of land West of Berkshier Corners and

on the North side of the road leading to Delaware Bounded

and described as follows on the South by said Delaware road

on the East by land belonging to Isiah Rosecrans on the

North by land belonging to Horrace Plumb and on the West

by land belonging to J.F. Scott containing ten acres

And all the Stock household goods furniture

provisions and other goods and chattels which may be

thereon at the time of my decease She however selling

so much thereof as may be sufficient to pay my just debts

Item 2nd I do hereby nominate and appoint my son

Everett S. Sherman Executor of this my last Will and

testament hereby authorizing and empowering him to

compromise adjust release & discharge in such manner

as he may deem proper the debts and claims due me

I do also authorize and empower him if it shall become

necessary in order to pay my debts to sell by private

sale or in such manner upon such terms of credit

or otherwise as he may think proper any part of my

real estate and deeds to purchasers to execute acknowledge

and deliver in fee simple. I do hereby revoke all former

wills by me made.

In testimony whereof I have hereunto set my

hand and seal this 6th day of March 1867.

D.T. Sherman {seal}


Signed and acknowledged by said David T. Sherman

as his last Will and testament in our presence and

signed by us in his presence

{U.S. Stamp $1.00} J. P. Crawford

Amos Utley


The State of Ohio Delaware County. Ss.

In the matter of the last Will

and testament of David T Sherman late of Berkshier

Township deceased.

We James P. Crawford and Amos Utley being

duly sworn in open court this 30th day of August

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 381)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 381)

Description

[page 381]

[corresponds to labeled page 349 of Will Record Volume 4 1859 - 1969]


349

Record of the Will of David T. Sherman deceased


A.D. 1867, depose and say, that we were present at the

execution of the last will and testament of David T.

Sherman of Berkshier Township hereto annexed; that we saw

the said testator subscribe said will and heard him

publish and declare the same to be his last will and

testament, and that the said testator at the time of

executing the same was of full age and of sound mind and

memory and not under any restraint, and that we signed

the same as witnesses at his request and in his presence and

in the presence of each other

J.P. Crawford

Amos Utley


Sworn to and Subscribed before me in the Probate Court

this 30th day of August A.D. 1867.

T.W. Powell Probate Judge
___________________________________



Record of the Will of Henry Faulkner deceased


Proceedings had before Thomas W. Powell

Judge of the Probate Court within and for the

County of Delaware and State of Ohio at his Office

on the 6th day of September A.D. 1867.


This day the Will and Codicil of Henry

Faulkner late of Brown Township and more recently

of Delaware decd, was presented for probate and record.

Thereupon came Charles Neil and Benjamin F. Loofbourrow

the witnesses to the same Will; and Charles Neil and

John W. Neil as witnesses. into Court and were duly sworn

and examined as such witnesses, and their testimony

reduced to writing and filed with the will; and it

appearing to the Court that the said will and codicil

were duly executed and attested; and that the testator

at the time of the execution thereof, was of sound

mind and memory, and of full age and not under

any restraint; the Court upon consideration thereof

Orders that the said Will and Codicil be admitted

to probate as the last will and testament of the

said Henry Faulkner decd and ordered to be recorded

as such

T.W. Powell

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 382)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 382)

Description

[page 382]

[corresponds to labeled page 350 of Will Record Volume 4 1859 - 1969]


350

Record of the Will of Henry Faulkner decd.

(Copy of the Will)

In the name of the Benevolent Father of all;

I Henry Faulkner of Delaware County Ohio, do make

and publish this my last will and testament.

Item 1st I give and devise to my beloved wife in

lieu of her dower the farm on which we now reside

Situated in Brown Township Delaware County & State of Ohio

containing one hundred four and a half acres during her

natural life, and all the stock, household goods, furniture

Provisions, and other goods and chattels which may be

thereon at the time of my decease during her natural life as aforesaid. She however selling

and disposing of so much thereof as may be sufficient

to pay my just debts and that my two daughters

Phebe Faulkner & Harriet Faulkner have a home on the

farm aforesaid as long as they remain single - and

that my daughter Harriet Faulkner is to have a liberal

education out of the proceeds of my said personal

property and farm. At the death of my said Wife

the real estate aforesaid and such part of the said

personal property or the proceeds thereof as may there remain

unconsumed and unexpended I give and devise to my

two sons Oscar Faulkner & James Clark Faulkner and

my three daughters Phebe Faulkner, Harriet Faulkner &

Eliza A. Jackson and their heirs to be divided equally

among them.

In testimony whereof I have hereunto set my

hand and seal this 13th day of February AD 1867

Henry Faulkner {seal}

Signed and acknowledged by said Henry Faulkner

as his last will & testament in our presence & signed

by us in his presence

B.F. Loofbourrow

Charles Neil


The State of Ohio, Delaware County, Ss

In the matter of the last will and testament of Henry

Faulkner late of Brown Township deceased.

We Benjamin F. Loofbourrow and Charles Neil

being duly sworn in open Court this 6th day of

September A.D. 1867, depose and say, that we were

present at the execution of the last Will and

testament of Henry Faulkner (then) of Brown Township

hereto annexed; that we saw the said testator subscribe

said Will and heard him publish and declare

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 383)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 383)

Description

[page 383]

[corresponds to labeled page 351 of Will Record Volume 4 1859 - 1969]

351

Record of the Will of Henry Faulkner deceased


the same to be his last Will and testament, and

that the said testator at the time of executing the

same was of full age and of sound mind and

memory and not under any restraint, and that

We signed the same as witnesses at his request and in

his presence and in the presence of each other.

Benjamin F. Loofbourrow

Charles Neil


Sworn to and subscribed before me in the Probate

Court this 6th day of September A.D. 1867.

T.W. Powell Pro. Judge


(Copy of Codicil)

Whereas I Henry Faulkner on the 13th day of February

in the year of 1864 made my last will and Testament

of that day, do hereby declare the following to be a

Codicil to the same;

I hereby give and bequeath to my Beloved wife

Eliza Faulkner, The House and lot on which we live

in the Town of Delaware in Delaware County, Ohio,

with full power to sell and dispose of the same as

She may see fit

In testimony whereof I hereunto Set my

hand and seal this Eleventh day of January

in the year of Our Lord one thousand eight hundred

and sixty seven

Henry Faulkner {seal}


Signed and acknowledged by said Henry Faulkner

as a Codicil to his last will & testament in our

presence & signed by us in his presence

{U.S. Stamps $3.00} Charles Neil

John W. Neil

The State of Ohio, Delaware County, Ss.

In the matter of the last will and testament of Henry Faulkner

late of Delaware Township deceased. We Charles Neil and John

W. Neil being duly sworn in open court this 6th day of September

AD 1867 depose and say, that we were present at the execution

of the last will and testament and the codicil thereto of Henry Faulkner

late of Delaware hereto annexed; that we saw the said

testator subscribe said codicil and heard him publish

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 384)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 384)

Description

[page 384]

[corresponds to labeled page 352 of Will Record Volume 4 1859 - 1969]

352

Record of the Will & Codicil of Henry Faulkner deceased


and declare the same to be his last will and testament

and that the said testator at the time of executing the same

was of full age, and of sound mind and memory

and not under any restraint, and that we signed

the same as Witnesses at his request and in his presence

and in the presence of each other

Charles Neil

John W Neil

Sworn to and subscribed before me in the Probate

Court this 6th day of September AD 1867.

T. W. Powell

Pro. Judge

===============================


Record ofthe last Will of David Rogers deceased.


Proceedings had before Thomas W Powell

Judge of the Probate Court within and for the County of

Delaware and State of Ohio at his Office in the town of Delaware

on the 19th day of September A.D. 1867.

This day the last Will and testament of

David Rogers, late of Genoa formerly of Harlem

Township in this County. deceased was presented

to the Court for probate and record, Thereupon Jane

McMillen and Jedediah Allen came into Court as

Witnesses to prove the Will who were duly sworn and

examined and their testimony reduced to writing and

annexed to the Will and filed therewith and it appearing

to the Court that I E Buck one of the witnesses to the said

will is deceased, and his handwriting as such witness

thereto is duly proved; Thomas W. Powell the other witness

hereto now the Probate Judge asserts and says that the

said will was duly executed and attested by the said

witnesses in the attestation clause in the said Will

and it appearing to the Court and the Court so finds,

that the said testator as the time of executing the

said Will, was of full age and of sound mind and

memory and not under any restraint;

thereupon, the Court, upon consideration

thereof Orders that the said will be admitted

to probate as duly proved as the last will ordered

and testament of the said David Rogers decd. and

recorded as such

T.W. Powell

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 385)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 385)

Description

[page 385]

[corresponds to labeled page 353 of Will Record Volume 4 1859 - 1969]


353

Record of the Will of David Rogers decd


(Copy of the Will)

Be it known that I, David Rogers of Harlem

Township in Delaware County, Ohio do make, declare

and publish this as my last will and testament

as follows, to wit;

1 I hereby will, bequeath and devise all my property

real and personal of every name and description

to my beloved wife Sylvia formerly Sylva Phelps, to her

and her heirs and assignes forever

II I will and devise unto the said Sylvia a tract of

land of about twenty five acres on which I now reside,

in the second section third Township and sixteenth Range

U.S. Military lands in the said County of Delaware and

being the same land which I formerly mortgaged to the

said Sylva Phelps to secure to her the payment of

one hundred & ninety dollars bearing date the 2nd

day of February A.D. 1839 and recorded in the office of

the Recorder of Deeds Vol. 19 page 261. which land I give

and devise to the said Sylva her heirs and assignes

forever.

III I make and appoint my said Wife the executor of this

my last Will

Witnesses my hand this 28th day of August 1852

David Rogers

Signed, published & declared by the said testator David

Rogers in the presence of the undersigned who at his

request, in his presence & in the presence of each other

have signed their names hereto as witnesses on the day

above written T.W. Powell

I.E. Buck

The State of Ohio and Delaware County, Ss

In the matter of the last will & testament of David Rogers

late of Genoa Township and formerly of Harlem Township

decd.

Jane McMillen being duly sworn and says that she

was well acquainted with David Rogers whose will is hereto

annexed. that she knew him from the date of said Will up

up to the time of his death which happened in Genoa on or about the

first day of october 1866, and that he was at the date of said will and up to

his death a man of sound mind and memory; capable of making his will

Also came Jedediah Allen being also duly sworn upon his oath says that he was

well acquainted with I. E. Buck one of the witnesses to the annexed

will and was well acquainted with his hand writing and says that the signature

to said will as witness was in his own proper hand writing that said Buck has

now been dead for many years, That there can be no doubt but that the same will

was duly made and attested from the carracture of Mr Buck

Jane McMillen

J Allen

Sworn to & subscribed before me in open Court this 19th day of September 1867

T.W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 386)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 386)

Description

[page 386]

[corresponds to labeled page 354 of Will Record Volume 4 1859 - 1969]


354

Record of last Will of John P. Gray Deceased


Proceedings had before Thomas W Powell,

Judge of the Probate Court within and for the county

of Delaware and State of Ohio at his office in the town

of Delaware on the 4th day of October A.D. 1867.


This day the last will and testament of

John P. Gray late of Liberty Township in this county

decd. was presented to the court for probate & record

Thereupon John D Howey and John Moorehead the two subscrib-

ing Witnesses to the said Will came into court and were

duly sworn and examined and their testimony reduced

to writing and annexed to the said Will and filed therewith

and it appearing to the court that the said will was

duly executed and attested and that the testator at

the time of executing the same was of full age, and

of sound mind and memory and not under any

restraint; Thereupon the court upon consideration thereof

Orders that the said Will be admitted to probate as duly

proved as the last will and testament of the said, John

P. Gray decd, and ordered to be recorded as such.

Thereupon letters testamentary were granted to Mrs.

Eliza Gray the widow and testatrix named in the Will

who gave bonds in the sum of $2000. with John D. Howey

and John Taggert as her sureties The Court appoint Thomas

C. Gillis, Isaac Harden and Wilson Knapp appraisers of

said estate.


Thereupon the said Widow Eliza Gray upon being

fully informed of the provisions of the said Will and her

rights and interests under it and by law in the event

she refused to take under the Will being fully explained

and undersood She thereupon declared her choice and

election to be to take under the Will according

to the terms thereof and to desired it to be entered

of record; which is accordingly done

T.W. Powell Probate Judge

(Copy of the Will)

In the name of the Benevolent Father of All

I John P Gray of Delaware County

and State of Ohio, do make and publish

this my last Will and testament

Item 1st I give and divise to Eliza my

beloved Wife in lieu of her dower all my

property, real estate, and personal in fee simple

subject (however) to provision herein after made
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 387)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 387)

Description

[page 387]

[corresponds to labeled page 355 of Will Record Volume 4 1859 - 1969]


355

Record of the Will of John P Gray Deceased


Item 2nd Should my wife again marry in that

case, I give and devise to my wife her legal

dower.

Item 3rd I give and bequeath to my eldest son

William the sum of five dollars and the remainder

of my estate to be divided equally among my other

heirs, with the exception of my son John who shall

receive two equal shares,

Item 4th When my Wool which is now on hand

Shall be Sold, I devise and bequeath to my daughter

Mary the Sum of fifty dollars (50) and to my

remaining daughters out of my estate, the sum of

fifty dollars (50) when they require the Same.

Item 5th I do hereby nominate and appoint my wife

executrix of this my last Will and testament

hereby authorizing and empowering her to

compromise, adjust release and discharge, in

such manner as she may deem proper the debts

and claims due me. I do also authorize her if it

shall be necessary, in order to pay my debts to

sell, by private sale, or in such manner upon

such terms of Credit, or otherwise as she may think

proper all or any part of my real estate and

deeds to purchasers to execute, acknowledge and

deliver in fee simple.

In testimony whereof I have hereunto set my

hand and seal this 10th day of August in the

year l867.

John P. Gray {seal}


Signed and acknowledged by John P. Gray as his

last will and testament in our presence and

signed by us in his presence

{US Stamp 2.00} J.D. Howey

John Moorehead


The State of Ohio, Delaware County, Ss

In the matter of the last Will and

testament of John P. Gray late of Liberty Township

in this county deceased.

We John D. Howey and John Moorehead being

duly sworn in open Court this 4th day of October
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 388)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 388)

Description

[page 388]

[corresponds to labeled page 356 of Will Record Volume 4 1859 - 1969]


356 Record of the last Will of John P. Gray Deceased


A.D. 1867. depose and say that we were present at the

execution of the last will and testament of John P.

Gray of Liberty Township hereto annexed; that we

saw the said testator subscribe said will and heard

him publish and declare the same to be his last will

and testament, and that the said testator at the time

of executing the same was of full age, and of sound

mind and memory, and not under any restraint and

that we signed the same as witnesses as his request and

in his presence and in the presence of each other

J.D. Howey

John Moorehead


Sworn to and subscribed before me in the Probate

Court this 4th day of October A.D. 1867.

T.W. Powell Probate Judge

___________________
___________________


Record of the Will of Satchel Clark dec'd

Proceedings had before Thomas W. Powell

Judge of the Probate Court within and for the County

of Delaware and State of Ohio at his Office in the

town of Delaware on the 29th day of October A.D. 1867

This day the last Will and testament

of Satchel Clark late of Orange Township in

this County, deceased, was presented for probate

and record. Thereupon James Ferson Sen. and Samuel

Landson the subscribing witnesses to the said Will came

into Court and were duly sworn and examined and their

testimony reduced to writing and annexed to said Will

and filed therewith and it appearing to the Court that the

Said Will was duly executed and attested and that the

testator at the time of executing the same was of full

age, and of sound mind and memory and not

under any restraint, thereupon the Court upon consideration

thereof, Orders that the said Will be admitted to probate as duly

proved as the last Will and testament of the Said Satchel

Clark decd. and ordered to be recorded as such

Thereupon letters testamentary were granted

to Edward F. Howard the executor named in the

will, who gave bonds in the sum of $ 4000. with James Ferson

Sen and Thomas P. Myers his sureties T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 389)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 389)

Description

[page 389]

[corresponds to labeled page 357 of Will Record Volume 4 1859 - 1869]

357

Record of the Will of Satchel Clark Decd.


(Copy of the Will)

Last Will and Testament of Satchel Clark

I Satchel Clark of the township of

Orange, Delaware County State of Ohio being advanced

in age and weak in body, but of sound mind, knowing

that life is uncertain and that death may come at

any time, do make and publish this my last Will

and testament as follows:

1st I commend my soul to God who gave it, and

my body to be decently buried at my death.

2nd I will that my debts and funeral expenses be first

paid after my decease.

3rd I will and bequeath to my beloved wife Betsy all my

real estate personal property and money of which I

may be in possession at my decease So long as

she shall live after paying a legacy of one hundred

& fifty dollars to my daughter Ann Elisa Goodline.

which legacy I will shall be paid to her (my said daughter

Ann Elisa) at my decease or as soon thereafter as convenient

My daughter Sarah G. Clark to have her

support as long as she may live single out of the

property bequeathed to my Wife, and at my Wife's decease

I will that my said daughter Sarah G. Clark shall

inherit all the property that may remain

I hereby appoint Edward G. Howard my

Executor of this my last Will & testament.

In Testimony whereof I have hereunto set

my hand and seal this 19th day of February in the year

of Our Lord one thousand eight hundred & sixty seven

Satchel Clark Seal

{U S Stamp 2.00 }

In presence of us the undersigned witnesses who have

signed this instrument as witnesses in the presence of said

testator and of each other

Sam'l Davidson }

James Ferson Sr. } Witnesses

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 390)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 390)

Description

[page 390]

[corresponds to labeled page 358 Will Record Volume 4 1859 - 1869]

358

Record of the Will of Satchel Clark Deceased


The State of Ohio, Delaware County, SS.

In the matter of the last Will and testament of

Satchel Clark late of Orange Township in this

County deceased.

We James Ferson Senr and Samuel Davidson being duly

sworn in open court this 29th day of October A.D. 1867,

depose and say, that we were present at the execution

of the last Will and testament of Satchel Clark of

Orange Township hereto annexed, that we saw the said

testator subscribe said Will and heard him publish and

declare the same to be his last Will and testament,

and that the said testator at the time of executing the

same was of full age, and of sound mind and memory,

and not under any restraint, and that we signed

the same as witnesses at his request and in his presence

and in the presence of each other

James Ferson Snr

Sam'l. Davidson

Sworn to and subscribed before me in the Probate Court this

29th day of October A.D. 1867.

T. W. Powell Pres. Judge

____________________________
____________________________


Record of the last Will of Henry Bell, deceased


Proceedings had before Thomas W. Powell

Judge of the Probate Court within and for the county of

Delaware and State of Ohio, at his Office in the Town of Delaware

on the 4th day of November A.D. 1867.

This day the last Will and testament

of Henry Bell late of Oxford township in this county

deceased, was presented to the Court for Probate and

record. Thereupon James M. Eckles and Jonathan M.

Coomer the subscribing Witnesses came into Court and

were duly sworn and examined and their testimony reduced

to writing and annexed to the Will and filed therewith, and

it appearing to the Court that the said will was duly

executed and attested and that the said testator at the

time of executing the same was of full age and of sound

mind and memory and not under any restraint, thereupon

the Court upon consideration orders that the said will be

admitted to probate as duly proved as the last Will

and testament of the said Henry Bell decd and ordered

to be recorded as such.

T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 391)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 391)

Description

[page 391]

[corresponds to labeled page 359 Will Record Volume 4 1859 - 1869]

359

Record of the last Will of Henry Bell decd


(Copy of the Will)


I Henry Bell of Oxford Township Delaware County

Ohio do make and publish this my last Will and

testament.

Item 1st It is my Will that my just debts and all

charges be paid out of my estate.

Item 2nd I give and devise all the residue of my estate

to Mary my wife to be to her during her natural lifetime

and at her death to be equally divided among my children

Item 3rd I appoint and make the said Mary Bell executrix

of this my last Will and testament

I desire that no appraisment and no sale of

personal and no sale of my personal property be made

and that the Court of Probate direct the omission of the

same in pursuance of the Statutes.

In testimony hereof, I have hereunto set my

hand and seal this 5th day of May 1867.

Henry Bell {Seal}

Signed and acknowledged by said Henry Bell as his

last Will and testament in our presence and

Signed by us in his presence

James M. Eckles

J. M. Coomer

The State of Ohio, Delaware County SS

In the matter of the last Will and testament

of Henry Bell late of Oxford Township in this county

deceased.

We James M. Eckels and Jonathan M. Coomer being duly

sworn in open court this 4th day of November A.D. 1867

depose and say, that we were present at the execution

of the last Will and testament of Henry Bell of Oxford

Township hereto annexed, that we saw the said testator

subscribe said Will and heard him publish and

declare the same to be his last Will and testament

and that the said testator at the time of executing the

same was of full age, and of sound mind and memory

and not under any restraint, and that we signed the

same as witnesses at his request and in his presence

and in the presence of each other

James M. Eckels

J. M. Coomer

Sworn to and subscribed before me in the Probate Court this

5th day of November AD 1867

T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 392)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 392)

Description

[page 392]

[corresponds to labeled page 360 Will Record Volume 4 1859 - 1869]

360

Record of Will of Mary Fuller, deceased

Proceedings had before Thomas W. Powell Judge of

the Probate Court within and for the County of Delaware, Ohio

at his Office in the town of Delaware on the 8th day

of November A.D. 1867.

This day the last will and testament of

Mary Fuller late of Scioto Township in this county, deceased, was presented

for probate and record. Thereupon John S. Jackson and Zack=

=ariah Stephens the two subscribing witnesses thereto came into

Court and were duly sworn and examined and their testimony

reduced to writing and filed and annexed to the said Will,

and it appearing to the court that the said will was duly

executed and attested, and that the said testatrix at the

time of executing the same was of full age and of sound

mind and memory and not under any restraint.

The Court upon consideration thereof orders that the

said Will be admitted to probate as duly proved as the

last will and testament of the said Mary Fuller decd;

and ordered to be recorded as such.

Thereupon Letters Testamentary were granted

to William M. Warren, the executor named in the said will

who gave Bonds in the sum of $ 6000. with Amos Fuller and

Zachariah Stephens as his sureties The Court appointed Charles

Arthur, John S. Jackson and J R Newhouse appraisers of

the said estate.

T. W. Powell Probate Judge


(Copy of the Will)


"In the name of God Amen

I Mary Fuller of the County of Delaware

O. of lawful age and of sound mind & memory do make

and publish my last will & testament in manner & form

following.

1st Resigning my body to the grave, and my soul to God

who gave it. I Bequeath for the erection of Tombstone to

my own grave, to my Fathers & Mothers in all respect to

correspond with the one now at the grave of Thomas Fuller

my late husband. The head stone of my father to bear

the emblem of the Masonic Order and also a suitable Grave

stone to my brother Robert & the child of my Brother John,

a sum sufficient for the above purpose.

2nd I further Bequeath to the Trustees of the Graveyard on

Bokes Creek the sum of three hundred dollars & To the Trustees

of the Presbyterian Church in Radnor near (Mr Perkins) the

sum of Fifty dollars.

3rd I Bequeath to Sally Fillian my Bell Cow, to Eliza Smart

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 393)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 393)

Description

[page 393]

[corresponds to labeled page 36l of Will Record Volume 4 1859 - 1869]

361

Record of the Will of Mary Fuller decd.


To Mary Jones one cow & one bed & bedding

the white cow & one bed & bedding. Also to Sally Fillian, Eliza

Smart, Mary Jones & Marth Erwin an equal share of the ten

head of Sheep and one Breeding Sow.

4th I Bequeath to John W. Jones all my claims for the allowance

made by the appraisers for my support in the settlement of

Thomas Fullers estate, and also all the receipts for money advan=

=ced by me to the Adam or otherwise to pay the Creditors of the

said estate. I further Will to the said John W. Jones all my

share of the wheat he sowed on Land on my place and the

rent wheat now in his possession.

5th I Bequeath to Sarah R. Deacon and Eliza Deacon each Fifty Dollars

6th I Bequeath to the Brothers & Sisters of my late husband

Thomas Fuller dec'd Thirty one & one half acres of land lying

in Scioto Township in said County. Bounded on the East lands

of J. W. Jones, on the So by lands of C. Arthurs, and the W.

by lands of my own, and on the north by lands of John J.

Decker

7th I Will and Bequeath to Isaac Smart, Sally Fillians, Marth

Erwin, James T. Swoop, Mary Jones, Doretha Ann Jones, Eliza

Smart, Jane McGee and Lewis Tyler each an equal

division of all the remainder of my estate after de=

=fraying all just debts against my estate.

8th I hereby appoint Wm. M. Warren my Executor empowering

him to sell my real estate at private sale and deed

or deeds to make for the same.

In witness whereof I have hereunto set my hand

this fifth day of March A.D. 1867

Test her

John S. Jackson Mary X Fuller

Z. Stephens mark

{ U. S. Stamp $ 2.00 }

(End of Will)

The State of Ohio, Delaware County, SS.

In the matter of the last Will and testament of Mary Fuller late

of Scioto Township in this County deceased.

We John S. Jackson and Zachariah Stephens being duly sworn in

open Court this 8th day of November A.D. 1867 depose and say that we

were present at the execution of the Last Will and testament of

Mary FUller of Scioto Township hereto annexed, that we saw the said

testatrix subscribe said Will and heard her publish and declare

the same to be her last will and testament, and that the

said testator at the time of executing the same was of full

age, and of sound mind and memory and not under any

restraint and that we signed the same as witnesses at her request

and in her presence and in the presence of each other

John S. Jackson

Z Stephens

Sworn to and subscribed before me in the Probate Court this 8th day of November A D 1867

T. W. Powell Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 394)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 394)

Description

[page 394]

[corresponds to labeled page 362 Will Record Volume 4 1859 - 1869]

362

Record of the last Will of William Glass decd


Proceedings had before Thomas W. Powell Judge

of the Probate Court within and for the County of Delaware and

State of Ohio at his office in the town of Delaware on

the 16th day of November A.D. 1867

October 26th 1867

This day the last will and testament of William

Glass late of Genoa Township decd. was presented for probate

and record, and it appearing that Victor Arnold one of the

subscribing witnesses to the said Will was now absent from this

County and a resident of Champaigne County Illinois, on

motion a commission was issued to the Clerk of the County

for the said County of Champaign to take the testimony

of the said Victor Arnold in relation to the execution and

attestation of the said Will with the Will annexed copy of the

Will on file

T. W. Powell

Probate Judge

November 16th 1867

The commission heretofor issued to the Clerk of the Courts of

Champaign County In the State of Illinois was duly returned

with the testimony of Victor Arnold duly taken and certified

and now Hurlburt Scovell, the other witness to said will of the

said William Glass late of Genoa Township decd, came into Court

and being duly sworn and examined and his testimony reduced

to writing, and annexed to the Will and filed therewith; and

it appearing to the Court that the said Will was duly executed

and attested, and that the said testator was of full age and

of sound mind and memory and not under any restraint; thereupon the

Court upon consideration thereof Orders that the said Will be admitted

to probate and record as the last Will and testament of the said

William Glass decd duly proved, and that the same be recorded as

such - - Thereupon letters testamentary were issued to Andrew J

Smith and George Glass the Executors named in the Will, who gave

Bonds in the sum of $2000. with William Rammelsberg and William

P. Reid as their sureties = and the Court appointed George

Williams, Charles Faceman and Ralph Smith appraisers of the

said Estate.

T. W. Powell

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 395)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 395)

Description

[page 395]

[corresponds to labeled page 363 Will Record Volume 4 1859 - 1869]

363

Record of the Last Will of William Glass decd


Copy of Will


"In the Name of Almighty God Amen

I William Glass of the town of Genoa in

the County of Delaware and State of Ohio, Being of sound mind and

memory and knowing the shortness of life and the certainty of

death do make and publish this my last Will and testament

First I give and bequeath unto my beloved wife Elizabeth Glass

the use and occupancy of all Household goods that she and I

may own at my death the House and Barn and out Buildings

together with the Farm she having the privaledge of renting the

same reserving to her the privaledge of keeping Sixty head of Sheep

which shall be appraised at the time of putting on said Farm

and kept good one half for her use the other half for the good

of the farm and Tennant.

Second my Will is that all just debts and last sickness and

Funeral charges be paid out of my personal property that may

be sold by my Executors or administrators also that a suitable

Tombstone be erected to my memory with my name inscribed on the

same my age and death.

Third At and after the death of my wife what property that may

be left on and above her maintainance to be equally divided

amongst our children or their legal representation, or children,

except Sarah Ann Dirst, two children I having expended her

kinship in their support

Third. I do nominate and appoint my two loving children

Andrew J. Smith and George Glass to be my executors of this

my last Will and testament.

In testimony whereof I have hereunto set

my hand and seal and published and decreed this to be my

last Will and testament in presence of these witnesses named

below this 6th day of June A.D. 1867

In presence of us his

Victor Arnold Wm X Glass {Seal}

H. Scovell mark


(Copy of the testimony & record thereof)

The State of Ohio }

Delaware County SS } In the Probate Court

To the Clerk of the Courts in and for the

County of Champaign in the State of Illinois: Greeting.

The said Probate Court in and for

the County of Delaware and State of Ohio, placing special

confidence in your ability and integrity, hereby appoint you

commissioner with power and authority to take the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 396)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 396)

Description

[page 396]

[corresponds to labeled page 364 Will Record Volume 4 1859 - 1869]

364

Record of the Last Will of William Glass decd.


testimony of Victor Arnold as to the execution and attestation

of the last will and testament of William Glass late of

Genoa township in this county since deceased, to which will

the said Victor Arnold is a subscribing witness and which is

hereto annexed. You will administer the proper oath to him

and reduce his testimony to writing and then seal up the

same together with the Will and direct the same to this court

without any unnecessary delay. And for so doing this that

be your full commission, power and authority.

In testimony whereof I Thomas W. Powell Judge

of the said Probate Court have hereunto set name

{Seal} and affixed the seal of the said Court,

at Delaware, Ohio this 26th day of October

A. D. 1867.

T. W. Powell

Probate Judge

The State of Illinois. }

County of Champaign, SS }

The undersigned Clerk of the Court,

in and for the said County of Champaign in pursuance of

the power and authority of the within commission have taken

the testimony of the said Victor Arnold to execution and attest-

ation of the said Will within mentioned, and have reduced

the same to writing, and annexed to the said Will, and now

by me duly sealed up and directed to the "Judge of the

Probate Court at Delaware, Ohio"

In testimony whereof I have hereunto set

{Seal} my hand and seal this 5th day of Nov.

A. D. 1867

A. M. Clark Commis

In the matter of the Last Will and Testament of

William Glass late of Genoa Township in Delaware County deceased

Commissioned this 5th day of Nov. A.D. 1867, depose and say that

we this deponent and H. Scovell were present at the execution

of the Last Will and Testament of William Glass of Genoa

Township Delaware County. O hereto annexed, that we saw the said

testator subscribe said Will by making his mark thereto and

heard him publish and declare the same to be his last Will

and testament, and that the said testator at the time of

executing the same was of full age and of sound mind
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 397)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 397)

Description

[page 397]

[corresponds to labeled page 365 of Will Record Volume 4 1859 - 1869]

365

Record of the last Will of William Glass decd


and memory and not under any restraint and that we signed

the same as Witnesses at his request and in his presence and in

the presence of each other and I further saith not.

Victor Arnold

Sworn to and Subscribed before me the undersigned Commissioner

this 5th day of Nov. A.D. 1867 at Urbana Illinois

A. M. Clark

Commissioner


The State of Ohio, Delaware County SS.

In the matter of the Last Will and Testament of William Glass of

Genoa Township in this County deceased.

I, Hurlburt Scovell being duly sworn in open court this

16th day of November A.D. 1867, depose and say that we this deponent

and Victor Arnold were present at the execution of the Last Will and

testament of William Glass of Genoa Township hereto annexed,

that we saw the said testator subscribe said will and heard

him publish and declare the same to be his last Will and

testament, and that the same testator at the time of executing

the same was of full age, and of sound mind and memory, and

not under any restraint, and that we signed the same as

witnesses at his request and in his presence and in the

presence of each other

H. Scovell

Sworn to and Subscribed before me in the Probate Court this

16th day of November A.D. 1867

T. W. Powell

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 398)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 398)

Description

[page 398]

[corresponds to labeled page 366 of Will Record Volume 4 1859 - 1869]

366

Record of the Last Will of Anna Salmon decd


Proceedings had before Thomas W. Powell Judge of

the Probate Court within and for the County of Delaware

and State of Ohio at his office in the town of Delaware

on the 14th day of December A.D. 1867

This day the last will and testament of

Mrs. Anna Salmon, late of Brown township decd. was presented

to the Court for Probate and record. Thereupon William Williams

and Sabina Williams the two subscribing witnesses came

into Court and were duly Sworn and examined, and their testimony

reduced to writing and attached to the will and filed

therewith, and the Court upon consideration thereof, thereupon finds

that the said will was duly executed and attested, that the testatrix

at the time of executing the same was of full age, and of sound

mind and memory, and not under any restraint, it is therefore

Ordered that the said will be admitted to probate as duly proved

as the last will and testament of the said Anna Salmon decd. and

Ordered to be recorded as such.

Thereupon letters of Administration with the Will

annexed were granted unto Benjaman B. Salmon upon the said estate

of the said Anna Salmon decd. who gave bonds in the sum of $1500 with

William E. Elliott and Elijah H. Stack his sureties no appraisers required

T. W. Powell Probate Judge


(Copy of the Will)

In the name of the Benevolent Father of All

I, Anna Salmon do make and

publish this my last Will and testament.

First It is my will that my just debts and all charges

be paid out of my personal effects. I give and devise

to my Son James Salmon the sum of one dollars and all

the balance of the property money or effects of my estate

I give and bequeath to my daughter Cynthia Elliott

to my Son Benjamin B. Salmon and to my daughter Mixence

Shoemaker to be equally divided between the three in such manner

as they may choose. In testimony I set my hand and seal

this 23rd day of November A.D. 1865

Anna Salmon {Seal}

Signed & acknowledged by said Anna Salmon as her last Will

and testament in our presence and signed by us in her

presence

{U. S. Stamp $ 1.00 } Wm Williams

Sabina Williams

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 399)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 399)

Description

[page 399]

[corresponds to labeled page 367 of Will Record Volume 4 1859 - 1869]

367

Record of the Will of Anna Salmon decd


Copy of testimony & record thereof;

The State of Ohio, Delaware County SS,

In the matter of the Last Will and testament of Mrs. Anna

Salmon late of Brown Township in this County deceased;

We William Williams and Sabina Williams being duly sworn in

open Court this 14th day of December A.D. 1867, depose and say,

that we were present at the execution of the last will and testa-

ment of Mrs. Anna Salmon of Brown Township in this County here-

=to annexed; that we saw the said testatrix subscribe said Will

and heard her publish and declare the same to be her last will

and testament, and that the said testator at the time of

executing the same was of full age, and of sound mind and

memory, and not under any restraint, and that we signed the

same at as witnesses at her request and in her presence and

in the presence of each other

Wm. Williams

Sabina Williams

Sworn to and Subscribed to before me in the Probate Court

this 14th day of December A.D. 1867

T. W. Powell

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 400)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 400)

Description

[page 400]

[corresponds to labeled page 368 of Will Record Volume 4 1859 - 1869]

368

Record of the Last Will of Hulda Fairchild decd


Proceedings had before Thomas W. Powell Judge

of the Probate Court within and for the County of Delaware and

State of Ohio at his Office in the town of Delaware on the 18th

day of December A.D. 1867.

This day the last will and testament of Hulda

Fairchild late of Harlem Township in this County decd. was

produced in Court and record; thereupon George L. Converse and

Lyman B. Hanover, the two subscribing witnesses to the said Will came

into Court and were duly sworn and examined, and their testimony

reduced to writing, annexed to the Will and filed therewith, and it

appearing to the Court that the said will was duly executed,

and attested, and that the said testatrix at the time of executing

the same was of full age and sound mind and memory and

not under any restraint, thereupon the Court upon consideration orders

that the said will be admitted to probate as duly proved as the

last will and testament of the said Hulda Fairchild decd.

Thereupon letters testamentary were granted

unto Lyman B. Hanover, the executor named in the said will,

who gave bonds in the sum of $10,000 with George L. Converse

Benjamin Paul, William Perfect AND A. O. Needles his sureties

Gorsuch The Court approved John Cook David

Gorsuch and John Q Adams appraisers of the estate

T. W. Powell

Probate Judge


(Copy of the Will)

In the name of the Benevolent Father of All

I Huldah Fairchild being of sound and disposing mind and

memory and knowing the certainty of death and the uncertain-

=ty of Life do make and publish this my last will and

testament.

Item first, It is my will that all my just debts be paid and

that my funeral expenses shall be paid and I desire that suitable

tombstones shall be erected at my grave of good quality of

marbel & also on the grave of my husband if none are up

before then.

Item Second I give and bequeath to Huldah Fairchild my

neice the sum of two Hundred Dollars.

Item Third. I give and bequeath to my brotherinLaw Benjamin

M. Faitchild the sum of Three thousand dollars and it is my

wish that his daughter Huldah shall have her reasonable proportion

of said last named sum if any should be left at the

death of my said Brother in Law.

Item Fourth I give to my Brother Roger E. Hills the sum of

Five Hundred Dollars.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 401)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 401)

Description

[page 401]

[corresponds to labeled page 369 of Will Record Volume 4 1859 - 1869]

369

Record of the last Will of Hulda Fairchild decd.


Item Fifth I give and bequeath to my Brother Lauren Hills

the sum of One Hundred dollars to be paid to him by my Executor from

time to time as the judgment of my executor shall determine

for the best personal interest of my said Brother.

Item Sixth. I give and bequeath to my relative Edward Henry Son

of Jacob Henry the sum of One Hundred Dollars I desire that said

sum shall be paid by my Executor to said Jacob Henry to be

used by him and the amount thereof together with yearly interest

to be paid over to said Edward when he shall arrive at the age

of twenty one years by said Jacob Henry

Item Seventh. I give and bedqueath to the Refuge Predestinarian

Baptist Church in Harlem township Delaware County Ohio the sum

of Fifteen Hundred dollars and I desire that the same be placed

in the hands and under the controll of Lyman B. Hanover Nathan

Gorsuch and George Coons three trustees for the use and benefit of said

Church. It is my wish that said sum or so much as my said

trustees may deem necessary may be expended in the erection of a church

building for the worship of Almighty God at or near the four corners just

south of the residence of said Hanover.

Item Eighth I give and bequeath the residue of my estate as follows:

One fifth part thereof to the heirs of my sister Aurilla Keeler deceased -

One fifth part thereof to the heirs of my sister Bular Relaford deceased -

One fifth part thereof to the heirs of my sister Esther Hatch deceased -

One fifth part thereof to my sister Patty Hatch and at her death I desire

the unexpended balance of her said share to pass to her children - and one

fifth part thereof to my Brother Zimri Hills - It is my wish however, before

said last named division of the remainder of my estate into five parts

shall be made that my executor shall shall pay out of my estate

to the children of my said sister Patty Hatch each the sum of One Hundred

Dollars. It is my wish further that after said division shall have been

made before my portion thereof shall be paid over to the heirs of my

sister Buler Releferd deceased that my Executor shall take out of

their share suficient funds and therewith erect suitable plain marbel

tombstones over the graves of my said sister and her three children buried

in Genoa Township Delaware County Ohio and then pay over what may

remain of their one fifth part

Ninth - I do hereby constitute and appoint the friends of my late

Husband deceased Lyman B. Hanover Executor of this my last will and

testament - and I hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and

seal this twenty seventh day of July A.D. 1863

her

Huldah X Fairchild

mark

Signed and sealed by said Huldah Fairchild in our presence and

Signed by us as witnesses in her presence and at her request -

said Huldah Fairchild declaring said instrument to be her last
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 402)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 402)

Description

[page 402]

[corresponds to labeled page 370 of Will Record Volume 4 1859 - 1869]

370

Record of the Last Will of Huldah Fairchild decd.


will and testament.

This 27th day of July A.D. 1863

Geo L. Converse

Lyman B. Hanover

{U. S. Stamp $ 10.50}


(Copy of Testimony and record thereof )

The State of Ohio, Delaware County, SS

In the matter of the last will and testament of Huldah Fairchild

late of Harlem Township in this County deceased.

We George L. Converse and Lyman B. Hanover being duly sworn in open

court this 18th day of December A.D. 1867, depose and say, that we were

present at the execution of the last will and testament of Hulda

Fairchild of Harlem Township hereto annexed, that we saw the said testator

subscribe said will and heard her publish and declare the same

to be her last will and testament, and that the said testator at the

time of executing the same was of full age, and of sound mind and

memory, and not under any restraint, and that we signed the same

as witnesses at her request and in her presence and in the

presence of each other

Geo. L. Converse

Lyman B. Hanover

Sworn to and subscribed before me in the Probate Court this 18th

day of December A.D. 1867

T. W. Powell

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 403)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 403)

Description

[page 403]

[corresponds to labeled page 371 of Will Record Volume 4 1859 - 1869]

371

Record of the last will of William Domagan decd


Proceedings had before Thomas W. Powell Judge of the Probate Court

within and for the County of Delaware and State of Ohio at his Office in the

town of Delaware on the 21st day of December A.D. 1867

On this day the last will and testament of William

Domagan late of Berkshire Township in this County decd, was presented to the

Court for probate and record. Thereupon James P. Crawford and Mary Crawford

the two subscribing witnesses came into Court, and were duly sworn and

examined, and their testimony reduced to writing, annexed to the will

and filed therewith, and it appearing that the said will was duly executed and

attested and that the said testator at the time of executing the same was

of full age and of sound mind and memory and not under any restraint

thereupon the court after consideration Orders that the said will be admitted

to probate as duly proved as the last will and testament of the said William

Domagan decd. and admitted to record as such.

Thereupon letters testamentary were granted to James P.

Crawford the executor named in the said will, to Administer upon the said estate

according to the said will who gave bonds in the sum of $900 with Derwin

Hyde and Daniel Barson his sureties; And Arthur Nelson, Henry Gregg

and Newell Carpenter are appointed appraisers of the said Estate

T. W. Powell Probate Judge


(Copy of Will)


In the name of the Benevolent Father of All

I William Domagan of the Township of Berkshire County

of Delaware and State of Ohio do make and publish this my last will

and testament.

Item First I give and devise to my beloved Nephew Charles Domagan Son

of Jeremiah Domagan all my property both real and personal which I

may be seized of at my death, after paying my debts funeral charges and

the erection of a suitable stone at my grave.

Item Second I do hereby nominate and appoint J. P. Crawford Executor of this

my last will and testament hereby authorizing and empowering him to

compromise adjust release and discharge in such manner as he may deem

proper the debts and claims due me

I do hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand and seal this 7th day

of Sept. in the year 1867

William Domagan {Seal}

X

his mark

{U. S. Stamp $1.00}

Signed and acknowledged by said William Domagan as his last will and

testament in our presence and signed by us in his presence.

J. P. Crawford

Mary Crawford

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 404)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 404)

Description

[page 404]

[corresponds to labeled page 372 of Will Record Volume 4 1859 - 1869]

372

Record of the last Will of William Domagan decd


(Testimony and Record thereof)


The State of Ohio Delaware County, ss,


In the matter of the last will and testament of William Domagan in this County

deceased.

We James P. Crawford and Mary Crawford being duly sworn in open court this

21st day of December A.D. 1867, depose and say, we were present at the execution of

the last will and testament of William Domagan of Berkshire Township hereto

annexed, that we saw the said testator subscribe said will and heard him

publish and declare the same to be his last will and testament and that the

said testator at the time of executing the same was of full age, and of sound

mind and memory and not under any restraint and that we signed

the same as witness at his request and in his presence and in the

presence of each other.



J.P. Crawford

Mary Crawford


Sworn to and subscribed before me in the Probate Court this 21st day of December

A D. 1867


T.W. Powell

Probate Judge





Record of the last Will of Richard Waldron dec.

Proceedings had before Thomas W. Powell Judge of the

Probate Court within and for the County of Delaware and State of Ohio at

his Office in the town of Delaware on the 21st day of December

A. D. 1867

On this day the last will of Richard Waldron late of Kingston

Township decd. was presented in court for probate and record.

Thereupon Joseph Potter and Nelson Taylor the two attesting witnesses

to the will, came into court and were duly sworn and examined, their

testimony reduced to writing, annexed to the will and filed therewith;

and it appearing to the Court that the said will was duly executed and

attested; and that the said testator at the time of executing said will

was of full age and of sound mind and memory and not under any

restraint. Thereupon the court upon consideration orders that the said will

be admitted to probate as duly proved as the last will and testament

of the said Richard Waldron decd, and, admitted to record as

such.

Thereupon the executor named in the will declining

to act, and the widow desiring the appointment of Hugh Hendrixson

as administrator, the court appoint Hugh Hendrixson Administrator


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 405)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 405)

Description

[page 405]

[corresponds to labeled page 373 of Will Record Volume 4 1859 - 1869]



Record of Last Will of Richard Waldron decd 373

with the will annexed to administer the said estate, who thereupon gave

bonds in the sum of $2000 with Kenny Besse and William T. Crastants

his sureties; and the Court appoint Nelson Taylor John Hall and Robert

Ferguson appraises of said estate.

T.W. Powell Probate Judge



(Copy of said Will)

In the name of the Benevolent Father of all

I Richard Waldron of the County of Delaware in the State of Ohio,

do make and publish this my last will and testament.

Item 1st I give and bequeath to my wife Jane Waldron three hundred

dollars

Item 2nd I give and bequeath to my son Harrison Waldron five dollars

it is my will that he should pay all my funeral expenses

Item 3rd I give and beqeath to my daughter Caroline Strain

and Sarah J. Hendrixson all my moveable personal property to be equally

divided between them.

Item 4th I do hereby nominate and appoint William Waldron to be my

Executor of this my last will and Testament.

In testimony whereof I have hereunto set my hand

and seal this 26 day of November A. D. 1867

Richard Waldron


Signed sealed and acknowledged by the said Richard Waldron as his last

will and testament in our presence and signed by us in his presence

Joseph Potter

Nelson Taylor


The State of Ohio Delaware County sd.

In the matter of the last will and testament of Richard Waldron late

of Kingston Township in this County deceased.

We Joseph Potter and Nelson Taylor being duly sworn in open court

this 21st day of December A. D. 1867, depose and say, that we were present at

the execution of the last will and testament of Richard Waldron of

Kingston Township hereto annexed; that we saw the said testator subscribe

said will and heard him publish and declare the same to be his last

will and testament and that the said testator at the time of executing

the same was of full age, and of sound mind and memory and not under any

restraint, and that we signed the same as witness at his request

and in his presence and in the presence of each other.

Joseph Potter

Nelson Taylor

Sworn to and Subscribed before me in the Probate Court this 21st day

of December A D 1876.

T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 406)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 406)

Description

[page 406]

[corresponds to labeled page 374 of Will Record Volume 4 1859 - 1869]

374


Record of the last will of John Adam Freshwater decd

Proceedings had before Thomas W. Powell Judge of the Probate

Court within and for the County of Delaware and State of Ohio at his

Office in the town of Delaware in the 14th day of January A.D. 1868

This day the last will and testament of John

Adam Freshwater late of Concord Township Decd. was presented to the

Court for probate and record Thereupon Richard Pounds and Merlin Burton

the two subscribing witnesses came into court and were duly sworn

and examined and their testimony reduced to writing annexed thereto

and filed with the will; and it appearing to the court that the said

will was duly executed and attested, and that the testator at the

time of executing the same was of full age and of sound mind and

memory and not under any restraint; thereupon the court upon consider=

ation Orders the said will to be admitted to probate and read

as duly proved as the last will and testament of the said John

Adam Freshwater decd. and ordered to be recorded as such

T.W. Powell Prob. Judge



(Copy of Will)

In the name of the Benevolent Father of All.

I, John Adam Freshwater of Concord Tp. Delaware

County, Ohio do make and publish this my last will

and testament.

Item 1st I give and devise to my beloved wife the farm on which

we now live containing about three hundred acres of during her

natural life if she remained my widow and all the stock, house

hold goods furniture provisions and other goods and chattels which

may be thereon at the time of my decease she however selling so much

thereof as may be sufficeint to pay my just debts.

At the death of my said wife I give and devise to my sons John

Manuel and David Leroy and their heirs two hundred acres of

the real estate aforesaid on the west side of said farm.

Item 2nd I give and devise to my two daughters, Analiza and Malinda

Jane the balance of the aforesaid real estate.

Item 3d I give and devise to my daughter Sarah Jane Kannahwalt two

thousand and two hundred Dollars which she has already got.

I desire that no appraisement and no sale of my personal property

be made.

In Testimony Thereof I have hereunto set my hand and seal this

24th day of December in the year 1867

Signed and acknowledged by said John Adam

Freshwater as his last will

and testament in our presence and signed by us in his presence

Richard Pounds

Merlin Burton

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 407)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 407)

Description

[page 407]

[corresponds to labeled page 375 of Will Record Volume 4 1859 - 1869]

Record of last will of John Adam Freshwater decd

375


(copy of Testimony and record thereof)


The State of Ohio Delaware County, ss


In the matter of the last will and testament of John Adam

Freshwater, of Concord Township in the County deceased

We, Richard Pounds and Merlin Burton being duly sworn in open

Court this 16th day of January A.D. 1868 depose and say we were present at

the execution of the last will and testament of John Adam Freshwater

of Concord Township hereto annexed: that we saw the said testator

subscribe said Will and heard him publish and declare the same

to be his last will and testament, and that the said testator at the time of executing

the same was of full age and of sound mind and memory and not

under any restraint, and that we signed the same as witnesses at

his request and in his presence and in the presence of each other


Merlin Burton

Richard Pounds


Sworn to and subscribed before me in the Probate Court this 16th

day of January A.D. 1868.

T.W. Powell

Probate Judge

______________________________________________________


Record of the last Will of John W Wheeler Decd

Proceedings had before Thomas W Powell Judge of the

Probate Court within and for the County of Delaware and

State of Ohio at his office in the town of Delaware

on the 3" day of February A.D. 1868


This day the last will and testament of

John W. Wheeler late of Harlem Township in the County

dec'd was presented in Court for Probate and record

Therefore Lyman B Hanover and Lyman Tyler the two

subscribing witnesses to the said will came into Court

and were duly and examined and their testimony

reduced to writing and annexed to the said will and

filed therewith and it appearing to the Court that the

said will was duly executed and attested and that

the testator at the time of executing the same was of sound

mind and memory and not under any restraint and

was of full age the Court therefore orders that the said will

be admitted to Probate as duly proved as the last will and

testament of the said John. W. Wheeler dec'd and ordering

to the record as such
(over)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 408)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 408)

Description

[page 408]

[corresponds to labeled page 376 of Will Record Volume 4 1859 - 1869]

376

Record of the last Will of John W. Wheeler Dec'd


Therefore letters testamentary were issued to Lyman B.

Hanover the executor named in the will who gave bonds

in the sum of $4000. with James Rudd and Lyman

Tyler his witness. The Court appoints John Crook A.P. Needden

and John Adams Appraiser of Real Estate.

T.W. Powell Probate Judge


(Copy of Will)

In the name of the Benevolant Father of all

I John W Wheeler of sound and deposing mind and

memory of Harlem Township Delaware County Ohio knowing

the uncertainty of life and the certainty of death do

hereby make and publish this my last Will and Testament

Item 1st it is my will that all my just debts funeral

and all other necessary expenses be paid out of my

personal estate.

Item 2" I further desire that my executor shall erect

over my Grave a suitable monument or grave Stone of good

quality of marble and pay for the same out of my

personal estate_

Item 3" I give devise and bequeath to my sister

Eliza Bailey the sum of Twenty Five Dollars

Item 4" I give devise and bequeath to my sister Nancy

Sturdevant the sum of Twenty Five Dollars

Item 5" I give and bequeath to my brother Joseph. B.

Wheeler the sum of Twenty Five Dollars.

Item 6" I give and bequeath to the heirs of my sister

Mariahbah Davenport the sum of Twenty Five Dollars

Item 7" I give and bequeath to the heirs of my brother

Joseph Wheeler the sum of Twenty Five Dollars

Item 8" I give devise and bequeath to my brother Gardner

F. Wheeler all my real Estate a part of which is situated

in Harlem Township Delaware County Ohio on which

I now reside the remainder in the Counties of Merathon

and Portage in the state of Wisconsin and I further

give my last mentioned Brother Gardner F Wheeler two Land

Warrants that I now own one for One Hundred and Sixty

acres and one for Sixty Acres of Land.

Item 9" The entire residue of my personal Estate after

paying the specified items mentioned I give and bequeath

to my Brother Gardner F Wheeler

Item 10" I do hereby Constitute and appoint my friend

Lyman. B. Hanover executor of this my last Will and Testament

Item 11" I do hereby revoke all former wills made by me

John Wheeler {seal}

Signed and acknowledged. by the said John W. Wheeler as his last

Will and Testament in our presence and signed by us in his presence and at his request This 28"

day of January A.D. 1868 Lyman Tyler ~ Lyman B Hanover {U.S.S.}

{$2. }

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 409)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 409)

Description

[page 409]

[corresponds to labeled page 377 of Will Record Volume 4 1859 - 1869]

377

Record of the last Will of John W. Wheeler Dec'd


(Copy of Testamony and record thereof)

The State of Ohio Delaware County SS.

In the matter of the last Will and testament of John W. Wheeler

of Harlem Township of this County deceased,

We Lyman Tyler and Lyman B. Hanover being duly Sworn in

open Court this 3rd day of February A.D. 1868 depose and say that

we were present at the execution of the last Will and

testament of John W. Wheeler of Harlem Township hereto

annexed: that we Saw the said testator Subscribe Said will and

heard him publish and declare the same to be his last

will and testament and that the Said testator at the time

of executing the Same was of full age and of sound mind

and memory and not under any restraint and that we

Signed the same as witnesses at his request and in his

presence and in the presence of each other

Lyman Tyler

Lyman B. Hanover

Sworn to and Subscribed before me in the Probate Court this

3rd day of February A.D. 1868


_______________________________


Record of the last Will of Robert R. Thomas


Proceedings had before Thomas W. Powell Judge of the Probate

Court within and for the County of Delaware State of Ohio

at his office in the town of Delaware on the 15th day of

February 1868.

This day the last Will and Testament of Robert R. Thomas

late of Radnor Township in this County decd was presented

to the Court for Probate and record therefore Walter Perry and

Philip Jones the two attending witnesses to said will came

into Court and were duly sworn and examined and their

testimony reduced to writing and annexed to the will and

filed therewith. It appearing to the Court that the said

will was duly executed and attested and that the said testator

at the time of executing the same was of sound mind and mem-

-ory and of full age it is therefore ordered that the said will

be admitted to probate as duly proved as the last will and

testament of said Robert R. Thomas dec'd and ordered as such.

(No letters issued) T. W. Powell Probate Judge


(Copy of Will)


In the name of the Benevolent Father of All -

I Robert R. Thomas of Radnor Township Delaware County and

State of Ohio do make and publish this as my last

(over)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 410)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 410)

Description

[page 410]

[corresponds to labeled page 378 of Will Record Volume 4 1859 - 1869]


Record of the last Will of Robert R Thomas

will and testament

Item 1st I give and devise to my beloved wife in Con-

-nection with her dower all the Monies Credits Household

goods furniture provisions and other Chattels of which I

may be possessed at the time of my decease. excepting so

much thereof as may be required to pay my debts.

Item 2nd I give and bequeath to my three Sons Russell Thomas

Stephen C Thomas and Joseph P Thomas the farm on which

we now reside being 99 1/2 acres) to them and their heirs and

assigns forever in equal shares upon the following Conditions

that they do equally pay their respective proportion of the following

named sums to be paid in manner and form following

Five Hundred and Fifty Five Dollars to be paid to my

daughter Margret Perry within two years after my decease.

Five Hundred and Fifty Five Dollars to my Daughter

Jane Clark within two years after my decease. And a

like sum to my daughter Caroline Pomley to be paid

within two years after my decease. Seven Hundred and

Fifty Five Dollars to my daughter Angeline Thomas within

two years after my decease and Seven Hundred and fifty

five Dollars to my daughter Mary Thomas to be paid within

the time above mentioned.

Item 3rd I also devise and bequeath to my sons Russel

Thomas Stephen C Thomas and Joseph P Thomas in equal

proportion the lot of land Deeded to me by David Stephen

and Mary Thomas.

Item 4th I do hereby nominate and appoint my sons

Russell Thomas and Stephen C. Thomas executors of this my

last will and testament hereby authorizing and empowering

them to adjust release and discharge in such manner

as they may deem proper, the debts and Claims due me

and I do also authorize them if it shall be necessary in

order to pay my debts to sell at private sale or otherwise any

of my personal property to satisfy the said debts.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my and seal this Sixth

day of January in the Year 1868

his

Robert. R X Thomas {Seal}

mark

(Attest H C Olds,

Signed and acknowledged by said Robert R Thomas as his

last will and testament in our presence and signed by us

in his presence

Walter Penry -

Philip Jones


{U.S. Stamp }

{Three Dollars & Fifty Cents}

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 411)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 411)

Description

[page 411]

[corresponds to labeled page 379 of Will Record Volume 4 1859 - 1869]


379

Record of the last Will of Robert. R. Thomas


(Copy of Testimony and record thereof)


The State of Ohio Delaware County SS.

In the matter of the last will and testament of Robert R Thomas

late of Radnor Towship in this County deceased

We Walter Penry and Philip Jones being duly sworn in open

Court this 15th day of February A.D. 1868 depose and say that

we were present at the execution of the last will and testament

of Robert R. Thomas of Radnor Township hereto annexed that

we saw the said testator Subscribe said will and heard him

publish and declare the same to be his last will and test-

-ament and that the said testator at the time of executing

the same was of full age and of sound mind and memory

and not under any restraint and that we signed the same

as witnesses at his request and in his presence and in

the presence of each other.

Walter Penry.

Philip Jones.

Sworn to and subscribed before me in the Probate Court this

15" day of February A.D. 1868.

T.W. Powell, Probate Judge


___________________________________________


Record of the last will of Philip Smith dec'd

Proceedings had before Thomas W. Powell Judge of the

Probate Court within and for the County of Delaware

State of Ohio at his Office in the town of Delaware on

the 19" day of February 1868.

This day the last will and testament of Philip Smith

late of Delaware Township in the County deceased was

was presented to the Court for probate and record therefore

Augustus A Welch and Henry J Eaton the two Sub-

-scribing witnesses to the said will came into Court and

were duly Sworn and examined and their testimony reduced

to writing annexed to the will and filed therewith thereupon

and it appearing to the Court that the said will was duly

executed and attested and that the said testator at the

time of executing the same was of full age and of sound

mind and memory and not under any restraint and

upon consideration the Court orders that the Said will

be admitted to Probate as the last will and testament

of the Said Philip Smith and ordered to be recorded as

Such -

Therefore Mrs Margret Smith the widow came into Court and

says that upon being fully informed and understanding the

said will her choice and election is to take under the will

according to the terms thereof but she declines acting as

(over)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 412)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 412)

Description

[page 412]

[corresponds to labeled page 380 of Will Record Volume 4 1859 - 1869]

380

Record of the last Will of Philip Smith dec'd


executrix and prays that letters of administration with the

will annexed be granted to her and her son Jacob M. Smith

which letters are so granted to said Margret. R. Smith and Jacob

M. Smith, as administrators on the said estate with the will an-

-nexed. therefore they gave bonds in the sum of $900 Condition to

pay the debts and legacies no inventory or sale of personal property

being required on account that by the will said Margret is made

the residuary legatee. Letters of administration with the will annexed

issued accordingly.

T. W. Powell Probate Judge


(Copy of Will)


On this Twenty Fifth day of November in the Year of our Lord

Eighteen Hundred and Sixty Five I Philip Smith now residing

in Delaware Township in the County of Delaware and State

of Ohio do here make and publish this my last will and

testament hereby revoking all former wills by me made

I the said Philip Smith do give devise and bequeath

unto my beloved wife Margret A. Smith if she survives

me All the farm upon which we now live being a tract

of about fifty acres of land west part of Lot Eighteen

Section two township four Range Nineteen United States

Military Lands in said township of Delaware to be hers

absolutely in fee Simple

I also give devise and bequeath to my Said wife all

my live Stock and farming implements and all my

household furniture and all the property of which I

may be the owner at the time of my decease of every name

nature and description what soever and in whatsoever form

the same may then be, whether in Land or live Stock, or

furniture, or notes or accounts or money or any other form I

bequeath all my property to her, to be hers absolutely, the

real Estate in fee Simple.

I do also nominate Constitute and appoint my Said wife

Margret R. Smith Executrix of this my last will and

testament and it is my wish that she be not required

to give any bond in the Settlement of my estate and that

she be not required to have any appraisement or Sale of the

personal property thereof or required to return to Court any

inventory thereof.

In the testimony whereof I the Said Philip Smith have

hereunto set my Signature and seal on this 25th day of

November A.D. 1865

Philip Smith {Seal}

Subscribed by the said Philip Smith in our presence and

acknowledged by him to us to be his last will and testament and

signed by us as witnesses thereto in his presence at his request and in

presence of each other - Augustus A. Welch - Henry J. Eaton {U.S.S.}

{$1.50 }

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 413)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 413)

Description

[page 413]

[corresponds to labeled page 381 of Will Record Volume 4 1859 - 1869]

381

Record of the last Will of Philip Smith dec'd


(Copy of testimony and record thereof)


The State of Ohio Delaware County SS.

In the matter of the last will and testament of Philip

Smith late Delaware Township in this County deceased

We Augustus A Welch and Henry J. Eaton being duly Sworn in

open Court this 14th day of February A.D. 1868 depose and say that

we were present at the execution of the last will and testament

of Philip Smith of Delaware Township, hereto annexed: that we

saw the said testator Subscribe said will and heard him publish

and declare the same to be his last will and testament and

that the Said testator at the time of executing the same was

of full age and of sound mind and memory and not under

any restraint and that we signed the same as witnesses at

his request and in his presence and in the presence of each

other

Augustus A. Welch

Henry J. Eaton


Sworn and subscribed to before me this 19th day of February

A.D. 1868

T. W. Powell, Probate Judge

____________________________________


Record of the last Will of Israel Beach dec'd

Proceedings had before Thomas W. Powell Judge of the Probate

Court within and for the County of Delaware State of Ohio

at his office in Delaware on the 25th day of February 1868

The last Will and testament

of Israel Beach late of Berkshire Township in this County

deceased was presented to the Court on the 17th instant for

Probate and record, upon which proceedings were had and Con-

-tinued until this day, And the Court having taken the testimony

of Stephen Casey and of the subscribing witnesses to the will

and the testimony of Thomas E. Stark and their testimony being

reduced to writing annexed to the will and filed therewith.

And it appearing to the Court to the said will was duly executed

and attested and that the testator at the time of executing the

same was of full age and of sound mind and memory and

not under any restraint, It is therefore ordered that the said will

be admitted to probate as duly proved as the last will and test-

-ament of the said Israel Beach, dec'd as recorded as such

Therefore Mrs. Rhoda Beach the widow appeared in Court to make

her Election under the will and the same having been duly explained

to her and fully understood by her and her rights and interest

under it, did then declare that it was her Election and choice

to take under the said will according to the terms thereof and not

according to law which is So recorded.

Therefore it is ordered that letters testamentary be

(over)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 414)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 414)

Description

[page 414]

[corresponds to labeled page 382 of Will Record Volume 4 1859 - 1869]

382

Record of the last will of Israel Beach dec'd


granted and issued to Josiah Rosecrans the executor named

in said will who accepted the same and gave bonds in the

sum of $3000. with Amos Utley and U. C. Frost as his sureties

(Letters and papers issued)

T. W. Powell Probate Judge


(Copy of Will)


In the name of the Benevolent Father of All

I Israel Beach of Berkshire Township Delaware County and

State of Ohio, Do make ordain and publish this my last

will and testament, Revoking any and all others made by me

at any former time.

Item 1st It is my Will that my funeral expense and all

just debts be fully paid and my executor Cause to be erected

over my grave a plain but suitable tombstone.

Item 2nd It is my will that my Wife Rhoda shall have the

use of my whole estate including real estate personal property

money and credits and if necessary for her comfortable support

the principal or as much of the principal as she may need during

her natural life -

Item 3rd It is my Will that all my children or their heirs

shall share equal in my property except Harriet wife of S.

L. Doty, She having been thrown upon me for support which

will perhaps amount to more than her Share. And whereas I

have assisted in money and property Some more than others

therefore the Same to be Charged and taken out of these

respective shares are as follows - To Sarah Rosecrans Wife of

Josiah Rosecrans $77.50 Melville Beach $355.00 Phebe Rosecrans

$175.00 David Beach $ 230.00 Aaron Beach $195.00 Sidney Beach

$21.50 Susan Hubbard $75.00 Harriet Doty wife of S. L. Doty $584.00

The Rule I desire my executors to adopt to divide my estate is to

add to the amount of the aforesaid property after the same is reduced

to cash and all just claims are paid in full the amount

that each Child has received and divide the total amount by the

number of heirs (Seven) and what each has received to be accounted

towards their share in payment of the same and if any child

except Harriet Doty have received more than their share they shall

refund the same. It is also my wish that Harriet Doty shall have

her support out of my property if she is not otherwise provided

for not exceeding One Hundred Dollars per Year. I do hereby

appoint Josiah Rosecrans executor of this my last will and

Testament.

In testimony whereof I have hereunto set my hand and seal this

13th day of May 1861 Signed Sealed and acknowledge in our

presence

Henry Stark. Israel Beach {SS}

Stephen Carey.

{U. S. Stamp}

{ one Dollar}
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 415)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 415)

Description

[page 415]

[corresponds to labeled page 383 of Will Record Volume 4 1859 - 1869]

383

Record of the last Will of Israel Beach dec'd


(Copy of Testimony and record thereof)


The State of Ohio Delaware County SS.

In the matter of the last will and testament of Israel Beach late

of Berkshire Township in this County deceased.

I Stephen Carey being duly sworn in open Court this 19th day of

February A.D. 1868 depose and say that this deponent and Henry

C. Stark were present at the execution of the last will and

testament of Israel Beach of Berkshire hereto annexed that we

saw the said testator subscribe said will and heard him

publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same

was of full age and of sound mind and memory and not

under any restraint and that we signed the same as witnesses

at his request and in his presence and in the presence of

each other

Stephen Carey

Sworn to and subscribed before me in the Probate Court this

19th day of February A.D. 1868

T. W. Powell Probate Judge


The State of Ohio Delaware County SS.

In the Probate Court In the matter of the last will and testament

of Israel Beach late of Berkshire in this County deceased

Thomas E. Stark being duly sworn in open Court this 17th

day of February 1868, depose and says that he has seen the

last will and testament of Israel Beach late of Berkshire

dec'd hereto annexed, That he was well acquainted with

Henry C. Stark one of the witnesses thereto who was the brother

of this deponent and was well acquainted with his hand

writing, That the signature thereto purportng to be his signature

he is well satisfied is his own signature and was signed by

the said Henry C. Stark and is his true signature and hand

writing. That said Henry C. Stark is now deceased having died

while in the service during the late war.

Thomas E. Stark

Sworn to and subscribed before me the day and Year above

written..

T. W. Powell Probate Judge

________________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 416)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 416)

Description

[page 416]

[corresponds to labeled page 384 of Will Record Volume 4 1859 - 1869]

384

Record of the last Will of Wilder Joy deceased


Proceedings had before Thomas W. Powell Judge of the Probate

Court within and for the County of Delaware State of Ohio at

his office in Delaware on the 2nd day of March A.D. 1868

This day the last will and testament of Wilder Joy

late of Delaware Township in this County deceased was presented

to Court for probate and record. Therefore Nathaniel Joy and

James Eaton two of the Subscribing witnesses of the said

will came into Court and were duly sworn and examined

and their testimony reduced to writing annexed to the will

and filed therewith. And it appearing to the Court that

the said will was duly executed and attested: and that the

said testator at the time of executing the same was of sound

mind and memory and not under any restraint

Therefore the Court upon Consideration orders that the said will

be admitted to Probate as duly proved as the last will and

testament of the said Wilder Joy decd and that the same

be entered and recorded as such.

Therefore Thomas F. Joy the executor named in the will appeared

in Court and accepted the Said appointment and entered into Bonds

in the sum of $10000. Conditioned to pay the debts and legacies

and with Nathaniel C. Joy and Moses L. Starr his Sureties and

accordingly letters testamentary now issued to him. No Inventory

appraisement or sale required. The heirs and legatees arranging the

same among themselves.

T. W. Powell Probate Judge


(Copy of Will)


I Wilder Joy of Delaware County State of Ohio being of sound

and disposing mind and memory, do make and declare and

publish this to be my last will and Testament hereby revoking

and making null and void all former last wills and test-

-aments and the writings in the nature of last wills and testaments

by me heretofore made.

Item 1st I give and devise to my beloved wife Martha Joy in

lieu of her Dower Homestead or farm on which we now reside

Containing about thirty five acres, during her natural life and

I further give and bequeath to her all the Stock household goods

furniture provisions Horse and carriage and all other goods

and Chattels which may be thereon at the time of my decease

Item 2nd I give and bequeath unto my said beloved wife during

her natural life all the Rail Road Stock I may own at my

decease, she however to support my Son Merick during his

minority.

Item 3rd I give and devise unto my Son Thomas F. Joy the

remainder of my old farm (a part thereof having been sold to him here=

=tofore) being about two hundred acres of land situated in Range

19 Township Five section four United States Military Survey by

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 417)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 417)

Description

[page 417]

[corresponds to labeled page 385 of Will Record Volume 4 1859 - 1869]

385

Record of the last Will of Wilder Joy dec'd


his paying twenty five dollars per acre therefor, to go into

distribution as herein after provided -

Item 4th I give and bequeath to my Son Merick Joy a sufficient

amount of money and clothing to enable him to complete his

Collegiate Education in addition to the subsequent bequest

herein to him -

Item 5th It is my will and desire (after the payment of all

my just debts and proper charges and the administration and

settlement of this my last will and testament) that the residue of

my estate be equally divided among all my children, share and share

alike but in such division my said Son Thomas F is to be charged with

Seven hundred dollars heretofore received by him by way of advance-

=ment and my daughter Martha A. James is to be charged with

five hundred and fifty nine dollars heretofore received by her by

way of advancement, Also my daughter Lucy Casement is to be

charged with one hundred and fifty dollars heretofore received

by her by way of advancement also all advancements hereafter

made to said Son and daughter or any other of my Son or daughters

for which I may have their receipts at the time of my decease

are to be charged to them respectively as received in their

portion of my said Estate: in making said divisions or apportionment

among my Said children, however all said advancement made

or to be made hereafter and to be taken and Considered as part

of Said residue of my estate, But my Son Thomas F. is to have

after my decease a reasonable time allowed him in which

to pay amount charged upon the farm herein devised to him And it is my will

that in case any of my children should die before me or

at any time or at any time before my said estate is settled

and distributed, leaving lawful issue of his or her or their

body or bodies then in each such case such issue shall

take what their parent would otherwise have taken under this

my will.

Item 6th I do hereby nominate and appoint my Son Thomas

F. Joy, my Sole executor of this my last will and testament

hereby authorizing him to collect compromise adjust release and

discharge in such manner as he may think proper, the

debts due me and after the decease of my wife to sell the

property herein devised and bequeathed to her for life, by private

or public Sale as he may think proper, and it is my will

that he distribute the proceeds thereof as is directed as to

other property in Item 5th of this Will, hereby fully authorizing

my Said Executor to administer on this my last will and

testament and settle my said Estate without appraisement or

inventory of the Same returnable to any Court of Probate or law

having full Confidence in the ability and integrity of my

said executor to do justice in the settling and division

of my Said estate hereby ratifying all his acts or Sales of

property real or personal Connected with my Said Estate

(over)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 418)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 418)

Description

[page 418]

[corresponds to labeled page 386 of Will Record Volume 4 1859 - 1869]

386

Record of the last Will of Wilder Joy Dec'd


and in the settlement thereof.

In testimony whereof I Said Wilder Joy have hereunto Set

my hand and seal this sixth day of February A.D. Eighteen

hundred and sixty three

Wilder Joy {Seal}

Signed sealed and declared by said Wilder Joy to be his last

will and testament in our presence and at his request we

hereunto Subscribe our names as witnesses in his presence and in

the presence of each other -

B. P. Willey

N. C. Joy

James Eaton

(Copy of Testimony and record thereof)

The State of Ohio Delaware County SS.

In the matter of the last will and testament of Wilder Joy

late of Delaware in this County deceased

We Benjamin P. Willey, Nathaniel C. Joy and James Eaton being

duly Sworn in open Court this 2nd day of March A.D. 1868 depose

and say that we were present at the Execution of the last will

and testament of Wilder Joy of Delaware Ohio hereto annexed

that we saw the said testator subscribe Said will and heard

him publish and declare the same to be his last will and

testament and that the said testator at the time of

executing the same was of full age and of Sound mind and

Memory and not under any restraint and that we signed

the same as witnesses at his request and in his presence and

in the presence of each other.

James Eaton

Nathaniel Joy

Sworn to and Subscribed before me in the Probate Court

this 2nd day of March A.D. 1868.

T. W. Powell Probate Judge.

____________________________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 419)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 419)

Description

[page 419]

[corresponds to labeled page 387 of Will Book Vol. 4 1859 - 1869]

387

Record of the Authenticated Will of Jonathan Pierson decd.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and the

State of Ohio, on the 17th day of July A.D. 1868, at his office

in the Town of Delaware to wit:

The following is a transcrib of the journal entry to wit: -

July 19th 1868

Will of Jonathan Pierson late of Wilmington Del. decd.

This day the authenticated copy of the last will and testament of

Jonathan Pierson late of Wilmington in New Castle County in the

State of Delaware decd was presented to this Court to be admitted

to record: and this Court finding from the said authentication that the

said will was duly proved and probated and admitted to record

in the office of the office of the Register at Newcastle aforesaid,

on the 14th day of November 1864, and duly certified on the 9th day of

April 1868, and that the same was relating to property in this County

the same is admitted to record and ordered to be recorded in this

Court.

- Copy of authenticated Copy of Will -

Know all men by these presents that I Jonathan Pierson a

resident of the City of Wilmington New Castle County and State of

Delaware being of reasonable mind and knowing the uncertainty of

human life do make this my last will and testament hereby re-

voking and annulling all other wills of previous dates.

I give and bequeath to the American Baptist Missionary Union

of Boston Mass the sum of fifty dollars.

I give to the Pennsylvania Baptist educational society fifty

dollars.

I give to the American and foreign Bible Society of New York

fifty dollars.

I give to the Sabbath School of the 2nd Baptist church of Wilmington

Delaware twenty five dollars and my watch. All the rest of my

property both personal and real after my debts are paid I give and

bequeath to my dear brother Oliver Pierson of Newark New Jersey and

to his heirs and assigns forever to hold as his own and to use it for

the glory of God.

I also wish to say that while I have remembered in my

last will & Testament only Such organizations as belong to the Baptist

denomination I still cherish with much affection the

Christians of the Presbyterian denomination and all who love the Lord

Jesus Christ in sincerity and truth

In witness whereof I have hereunto set my hand and seal

this fifth day of April Eighteen hundred and Sixty four A.D.

Jonathan Pierson {Seal}

Signed Sealed published and declared by the said Jonathan

Pierson as and for his last will and Testament in the presence of

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 420)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 420)

Description

[page 420]

[corresponds to labeled page 388 of Will Book Vol. 4 1859 - 1869]

388

Record of Authenticated Will of Jonathan Pierson decd


us who at his request and in his presence and in the presence of

each other have hereunto subscribed our names as witnesses

Rebecca Ann Boone

Eliza B. Tindall

James S. Dickerson

New Castle County }

State of Delaware } S.S. In testimony that the foregoing is a true

[in left margin: { L.S.} ]

copy of the last will and Testament of Jonathan Pierson late of the

City of Wilmington in the County of New Castle deceased, as the same

now remains of record in the Registers office at New Castle in

said County. I have hereunto set my hand and affixed the seal

of the said Registers office at New Castle the fourteenth day of

November - A.D. 1864

R. C. Fraine

Register

State of Delaware

New Castle Co. S.S.

Personally came before me R. C. Fraim Register

of Wills & in and for New Castle County Rebecca Ann Boone and

Eliza B. Tindall two of the subscribing witnesses to the foregoing

instrument of writing and being solemnly sworn according to

law did say that they saw Jonathan Pierson the testator sign

and seal said instrument of writing and heard him pronounce publish

and declare the same to be his last will and testament, that at the

time of his so doing he was to the best of their belief of a sound and

disposing mind and memory that it was in his presence and at his

request and in the presence of each other that they signed their names

as witnesses

In testimony whereof I have hereunto set my hand at

New Castle the fourteenth day of November A.D. 1864

R. C. Fraim

Register

Be it remembered that on the fourteenth day of November

in the year of our Lord Eighteen hundred and sixty four was proved

approved and insinuated the last will and testament of Jonathan

Pierson late of the city of Wilmington deceased and letters of

administration thereon were granted unto Oliver Pierson of the

County of Essex in the State of New Jersey, and Inventory and

appraisment and a list of debts and credits to be filed in the Reg-

-isters office at New Castle on or before the fourteenth day of

November A.D. 1865, or when thereunto lawfully requi-

-red. Bond taken in a penalty of Four hundred dollars. Rev.

J. Deckinson Security

Given under the seal of the Registers office at

New Castle this fourteenth day of November A.D. 1864

R. C. Fraim Reigster

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 421)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 421)

Description

[page 421]

[corresponds to labeled page 389 of Will Record Vol. 4 1859 - 1869]

389.

Record of Authenticated Will of Jonathan Pierson decd.


State of Delaware

New Castle County S.S.

In testimony that the foregoing is a true copy

{Seal} of the original last will and Testament of Jonathan Pierson

late of the city of Wilmington in the County of New Castle

aforesaid deceased and also of the Probate of said last will

and Testament and certificate of the granting of Letters of

administration thereon as the same now remains of Record in

the Registers office in and for the County of New Castle aforesaid

I hereunto set my hand and seal of office this 6th day of April

A.D. 1868

R. C. Fraim Register

State of Delaware

New Castle County S.S.

I Edward W. Yilpin Esquire Chief Justice of

the State of Delaware and as such Presiding Judge of the

{ L. S.} Superior Court in and for the County of New Castle Do

certify that Robert C. Fraim Esquire by whom the foregoing

copy certificate and attestation were made and given was at the time

of making thereof and still is Register for the Probate of Wills and

granting of Letters of Administration in and for New Castle County

duly commissioned and sworn to all of whose acts as such full faith and credit

are and ought to be given as well in Courts of Judicature as elsewhere

In testimony whereof I have hereunto } E. W. Yilpin

set my hand this ninth day of April A.D. 1868 } C. J.

State of Delaware

New Castle County S.S.

I Richard Y. Cooper Prothonatory of the Superior

{ L. S. } Court in and for New Castle County Do certify that

the Honorable Edward W. Yilpin Esq. by whom the fore-

going certificate and attestation was made and given and whose

name is thereunto annexed in his own proper handwriting was at

the time of making thereof and still is Chief Justice of the State of

Delaware and as such Presiding Judge of the Superior Court,

in and for New Castle County duly commissioned and sworn to

all of whose acts as such full faith and credit are and ought to

be given as well in the County of Justice as elswhere

In testimony whereof I hereunto set my hand and the seal

of said Superior Court at New Castle the ninth day of April

A.D. 1868.

Richard Y. Cooper

Proy.

Recorded by me T. W. Powell

Probate Judge.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 422)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 422)

Description

[page 422]

[corresponds to labeled page 390 of Will Record Vol. 4 1859 - 1869]

390

Record of the Last Will of Elizabeth Seigfried Decd


Proceedings had before Thomas W. Powell Judge of the Probate

Court within and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 16th day of March AD 1868

This day the last will and testament and the Codicil thereto

were presented to the Court for probate and record. Thereupon

William D. Heim, and H. M. Stephen, witnesses to the same

came into court and were duly sworn and examined, and their

testimony reduced to writing and filed with the will and codicil

and it appearing to the court that the said will and codicil were

duly executed and attested, and that the said testatrix at the

time of executing the same was of full age, and of sound

mind and memory, and not under any restraint Therefore

the court upon consideration orders that the said will be admitted

to probate as duly proved as the last will and testament of

the said Elizabeth Sigfreid deceased, and ordered to be

recorded as such. Thereupon letters testementery were granted

to Ephriam Willey the Executor named in the will who gave bond

in the sum of $3000. with Abraham Worline and Jonathan

Troutman his sureties

T. W. Powell, Probate Judge

(Copy of the Will)

"Be it Known that Elizabeth Seigfried of Delaware County

Ohio, view of the uncertainty of life, and certainty of death

and being of sound mind and memory do now make and

publish this my last will and testament in manner following.

1st It is my will that at my death that my Executor hereinafter

appointed out of my Estate shall pay up all my Just debts

and liabilities.

2nd I give and devise unto my son-in-law Ephriam Willey in

trust for the uses and purposes hereinafter named Twenty one

acres of land with my residence, which land I bought of

Benjamin Ely, lying immediately west of the town mill

in Delaware Tp Delaware County Ohio, and all my personal

and mixed Estate, to be by him posessed, used, contracted and

sold if in his Judgement it may be advisable. And the use

rents and profits proceeds of sale and all income to be derived

from the same to be appropriated and used in the maintainance

of my three children, Sarah Seigfried who is blind, Margaret

Seigfried who is Deaf and Isaac Seigfried who is blind.

It is will and I so direct my said son-in-law Ephriam

Willey that he is to see that my said children shall be

supported and maintained, and indulged in small sums

of spending money in all respects as near as may be

practicable, as they have been maintained & indulged by

me, and for the purpose of enabling said trustees to carry on
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 423)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 423)

Description

[page 423]

[corresponds to labeled page 391 of Will Record Vol. 4 1859 - 1869]

391

Record of the last will of Elizabeth Seigfried, Deceased


my wishes I desire to give him the most ample power and

descretion. At the same time it is my wish that he shall

not sell the real estate unless the same may be reinvested to

the advantage of said children or absolutely necessary for this

support And in case of the death of any one of my said children

then the ballance of said property Real and Personal goes to

the benefit of the survivor or survivors, and is to remain in

trust until the death of the Three. It is not anticipated that

either of them will ever marry, if so I then leave it to the

discretion of my said son-in-law to determine how much aid

it is proper to extend to such one, or whether in his Judgement

a marriage shall not place such one in a condition

of having forfeited their claim to his aid and protection,

and I particularly desire and so direct if any marriage

shall take place without his consent, that then and that case

the one so marrying shall forfeit all claim to maintainan-

ce under this will unless it shall be a matter of indul-

gence from said trustee. It is my wish that my widowed

daughter Mrs. Angelina Heigh shall remain with and take

care of my said Children during her widowhood, and that

my said trustee shall make a liberal allowance to her for

such services. And at the death of said three children, it is

my will that whatever of Property that may then be unexpended

after placing appropriate Tombstones at the graves of said

three children, shall be equally divided between my two

daughters Angelina High and Katherine Willey wife of

Ephriam Willey, or their Heirs. Lastly I hereby constitute

and appoint Ephriam Willey my son-in-Law the Executor

of this my last will and testament and also Testamentary

Guardian of my Three Children who are the principal benefic-

iaries under this will, to wit - Sarah Seigfried, Margaret

Seigfried and Isaac Seigfried, and I have so much

confidence in the honesty and integrity of said Ephriam

Willey that I do not desire that he shall give any Bonds

either as Executor or Testamentary Guardian under this

will. Hereby revoking all former wills by me made

and declaring this to be my last will and testament and

I have called upon my friends Charles Sweetzer and

Emery Moore to witness this my last will and testament

to which I have this 29th day of October 1855 subscribed

my name and affixed my seal.

her

Elizabeth X Seigfried

mark

Signed sealed acknowledged published and declared in

our presence as witnesses the day and year above written

Charles Sweetser

E. Moore
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 424)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 424)

Description

[page 424]

[corresponds to labeled page 392 of Will Record Vol. 4 1859 - 1869]


392

Record of the last will of Elizabeth Seigfried, Decd

(Copy of the Codicil)

Whereas I Elizabeth Seigfried of Delaware County Ohio having

made and duly executed the within writing, as my last will

and testament bearing date the 24th October 1855 Now I do

hereby declare this present writing to as a Codicil to my said will

and direct the same to be annexed thereto and taken as part

thereof And I do hereby bequeath to my daughter Rebecca

the sum of $350.00 and to my son Isaac the sum of $200.00

to be given to them by Ephriam Willey their Trustee, to be used

by them in such manner as they may desire.

In testimony whereof I the said Elizabeth Seigfried

have to this Codicil set my hand and seal this 7th day of

November AD 1863

her

Elizabeth X Seigfried {Seal}

mark

Signed sealed and published by the said Elizabeth

Seigfried as and for a Codicil to be added to and considered

as a part of her last will and testament in the presence of us who

at her request have subscribed our names in her presence as

witnesses W. D. Heim.

{ U S Stamp }

{ $2.50. } H. M. Stephen


(Copy of Testimony & Record thereof)

The State of Ohio

Delaware County SS In the Probate Court

In the matter of the will and testament of Elizabeth Seigfried dec

Wm. D. Heim being duly sworn in open court this

16th day of March A.D. 1868, depose and say that the last

will and testament of Elizabeth Seigfried hereto annexed, dated

October 29th 1855 was exhibited by her as her last will at the

time and place of the execution of the Codicil thereto annexed

to wit November 7th 1863, and claimed by her to be her last

will and testament and witnessed as such by Charles Sweetser

and E. Moore (ie Emery Moorer. That this affiant now says

that he is well acquainted with the handwriting of the said

witnesses to the said will, to wit, Charles Sweetser and Emery

Moore and say that the said signatures as witness to the

said will is unquestionably theirs, and now further says that

said Sweetser and Moore are both dead, and further say

not. W. D. Heim,

Sworn to and before me April 16th 1868

T. W. Powell, Probate Judge

The State of Ohio }

Delaware County SS }

In the matter of the Codicil to the last will and testament

of Elizabeth Seigfried deceased.

We Wm. D Heim and H. M. Stephen being

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 425)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 425)

Description

[page 425]

[corresponds to labeled page 393 of Will Record Vol. 4 1859 - 1869]

393

Record of the last will of Elizabeth Seigfried deceased


duly sworn in open court this 16th day of March AD 1868 depose

and say that we were present at the execution of the codicil to the

last will and testament of Elizabeth Seigfried of Delaware

County hereto annexed, that we saw said testator subscribe said

codicil and heard her publish and declare the same to be the codicil

to the last will and testament, and that the said testator at the time

of executing the same was of full age and of sound mind and

memory, and not under any restraint, and that we signed the

same as witnesss at her request and in her presence and in

the presence of each other.

Wm. D. Heim

H. M. Stephen.

Sworn to and Subscribed before me in the Probate Court this

16th day of March A.D. 1868

T. W. Powell Probate Judge

___________________________________________

Record of the last will of Truman Corbin Deceased

Proceedings had before Thomas W. Powell Judge of the

Probate Court within and for the county of Delaware and State

of Ohio at his office in the town of Delaware on the day of

A. D. 1868

This day the last will and testament of Truman

Corbin late of Trenton Township in this county deceased was

presented to the Court for probate and record. Thereupon Thomas

M Cole, and Joseph H. Cole came into court and were duly

sworn and examined as the subscribing witnesses to the will

and their examination reduced to writing and annexed to the will

and filed therewith and it appearing to the court that the said

will was duly executed and attested, and that the testator at the

time of executing the same was of full age and sound mind

and memory and not under any restraint - thereupon upon

consideration the court orders the said will to be admitted

to probate as duly proved as the last will and testament

of the said Truman Corbin deceased and ordered to be

recorded as such (no letters)

T. W. Powell, Probate Judge


(Copy of the will)

In the name of our Heavenly Father -

I Truman Corbin in view of the

certainty of death and the uncertainty of life do make and

publish this my last will and testament.

Item 1st I direct that all my Just debts and funeral expenses

be paid by my Executor.

Item 2nd I give and bequeath unto my beloved wife

Milisa Corbin all the property both personal and

real Estate in fee simple in her own right - to use and

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 426)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 426)

Description

[page 426]

[corresponds to labeled page 394 of Will Record Vol. 4 1859 - 1869]

394

Record of the last will of Truman Corbin, Deceased


dispose of as she shall see proper of which I may be

posessed at my decease

Item 3rd I nominate and appoint Alfred Barton Executor

of this my last will and testament.

As witness my hand and seal this seventh

day of October A.D. one thousand eight hundred and

sixty seven,

Truman Corbin {Seal}

We T. M. Cole and Joseph M. Cole hereby certify that

the above will was signed by Truman Corbin in our

presence as his will and by us in his presence as

witnesses T. M. Cole

J. H. Cole

(Copy of the Codicil)

I Truman Corbin make the following codicil to the

within will, to wit, I give and bequeath to my wife

Millisa Corbin in addition to what is bequeath to her

in my will, all land or lands, money or other description

of property I may inherit or fall heir to from any source

whatever. In testimony whereof I have hereunto set my

hand and seal this sixth day of December A.D. one

thousand eight hundred and sixty seven

Truman Corbin {Seal}

We T. M. Cole and J. H. Cole hereby certify that the above

codicil was signed by Truman Corbin in our presence as

his will and signed by us in his presence as witnesses

T. M. Cole

{ U S Stamp } J. H. Cole

{ $ 1.00 T. W. Powell }

` (Copy of testimony & record thereof)

The State of Ohio }

Delaware COunty SS }

In the matter of the last will and testament

of Truman Corbin late of Trenton Township deceased.

We, Thomas M. Cole, and Joseph H. Cole, being duly

sworn in open Court this 22nd day of April A.D. 1868,

depose and say that we were present at the execution of the

last will and testament of Truman Corbin of Trenton Town-

ship in this county hereto annexed that we saw the

said testator subscribe said will and heard him publish

and delcare the same to be his last will and testament, and

that the said testator at the time of executing the same was of full

age, and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses at his request

and in his presence and in the presence of each other

T. M. Cole. J. H. Cole.

Sworn to and subscribed before me this 22nd day of April 1868 T. w. Powell

P. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 427)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 427)

Description

[page 427]

[corresponds to labeled page 395 of Will Record Vol. 4 1859 - 1869]


395

Record of the last will of Sarah Flagg Deceased.


Proceedings had before Thomas W. Powell Judge of the Probate

Court within and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 15th day May A.D. 1868

The last will and testament of Sarah Flagg late of Berlin

Township in this county was recently presented to the court for probate

and record. Thereupon Millie E. Stark and John D. VanDerman two

of the subscribing witnesses to the said will came into court and

were duly sworn and examined and their testimony reduced to

writing and filed with the will and afterward Mellville C.

Flagg and Hariet A. Flagg the two subscribing witnesses to

the Codicil annexed to the said will came into court and were

duly sworn and examined and their testimony reduced to

writing and filed with the will. And it now appearing that

to the court that the said will and codicil were duly executed

and attested and that the said testatrix at the several times of

executing the same was of full age, and of sound mind and

memory and not under any restraint - Thereupon the court upon

consideration orders that the said will and codicil of the said Sarah

Flagg now deceased be admitted to probate as duly proved as

the last will and testament of the said Sarah Flagg deceased and

ordered to be recorded as such. Thereupon Thomas P. Flagg the

Executor named in the said will is admitted as Executor and

qualified as such and gave the required bond in the sum

of $1000. with Elam A Vining and Paul Randall as his sureties

No appraisers being required Issued letters testimentary to the

said Thomas as Executor etc

T. W. Powell, Probate Judge

(Copy of the Will)

"by the permission of the Benevolent Father of all.

I Sarah Flagg being of sound mind and memory

do make and publish this my last will and testament and

hereby revoke all former wills by me made.

Item 1st I desire that all my Just debts and burial and funeral

expenses be paid out of my estate.

Item 2nd My daughter Edna P. F. Richardson has been duly cared for -

Item 3rd My son Gersham James Flagg has been duly cared for -

Also my daughter Mary E. Comer.

Item 4th I hereby give devise and bequeath unto my son

Thomas Percival Flagg whom I hereby appoint as Executor

of this my last will and testament - My Bounty Land situate

in Pottawatimi County and State of Iowa containing

one hundred and Twenty acres more or less in trust - never=

the less, and for the following uses and is to say to

sell the same for the best price possible within a reasonable

time, and to make deed or deeds to purchaser or purchasers

in fee simple without the order of court - & to sell the same at

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 428)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 428)

Description

[page 428]

[corresponds to labeled page 396 of Will Record Vol. 4 1859 - 1869]

396

Record of the last will of Sarah Flagg Deceased


private or public sale as he may think best and the proceeds of

said sale or sales divide and distribute among my several

heirs hereinafter named, share and share alike to wit: -

To William Comer Flagg one share

To Thomas Percival Flagg one share

To Susan Comer Flagg one share

To the two children of Catherine Putnam Flagg Rood one share

To Harriet Cister Flagg daughter of G. J. Flagg one share

Item 5th My other property I give and bequeath as follows

My Bureaus, Beds, and Bedcloths, Carpet and Carpet strips

I give and bequeath to Harriet Cester Flagg.

My side saddle I give and bequeath to Eva E. Flagg.

My large Trunk I give and bequeath to Sarah Flagg

daughter of Willilam C. Flagg.

My small Trunk I give and bequeath to Sarah Jane

Flagg daughter of Gersham James Flagg.

My best warming ham I give and bequeath to Thomas

Percival Flagg.

My Family Bible I give and bequeath to William Cister

Flagg with the request that he shall read it.

My Psalm and Hymn Book I give and bequeath

to Daniel R. Flagg.

My two volumes on Congregationalism by George

Punchard I give and bequeath to Millville Comer

Flagg with the request that he read it with care

My Book "Life Thoughts" by Henry Ward Bucher

I give and bequeath to Caroline Jane Flagg

My Book "Alone" I give and bequeath to George Comer Flagg.

Item 6th My watch, which was my Dear Husband's I

bequeath to my son William Comer Flagg with the

injunction that it shall be kept in the Flagg family as

a memento of James Flagg the Father of [crossed out] my family

Item 7th My Looking glass a relic of the war of 1812 I give &

bequeath to my son Thomas Percival Flagg

Item 8th A large Pewter Platter that was my Fathers whose

name was William Comer son of George Comer and

Martha Dunnville his wife of Chilford Township Cheshire

County Old England, I give and bequeath to Harriett

Cister Flagg with the injunction to keep it in the family -

George Comer and Family and his three sons and

Two daughters and their families, all set sail at the port -

of Liverpool on the third day of April 1795 and landed

on the sixth of June 1795 at Baltimore.

Witness my hand and seal this 9th day of November

A.D. 1867.

Sarah Flagg {Seal}

The above will was signed sealed and acknowledged and

published as and for the last will and testament of the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 429)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 429)

Description

[page 429]

[corresponds to labeled page 397 of Will Record Vol. 4 1859 - 1869]

397

Record of the last will of Sarah Flagg Deceased


said Sarah Flagg by the said Sarah Flagg in our presence

and we at her request have signed the same in her presence

and the presence of each other

Millie E. Slack.

John D. Van Deman.


(Copy of the Codicil to the said Will)

Whereas I Sarah Flagg on the 9th day of 1867 made

my last will and testament of that date do hereby declare the

following to be a Codicil to the same. I do hereby authorize

my Administrator Thomas P. Flagg to purchase Tombstones

for my husband James Flagg.

Sarah Flagg

The above codicil was signed and sealed by said Sarah

Flagg in our presence and signed by us in her presence

this 20th day of January 1868

Millville C. Flagg

Harriett C. Flagg


(Copy of Testimony and record thereof)

The State of Ohio }

Delaware County SS }

In the matter of the last will and testament of

Sarah Flagg late of Berlin Township in this County

deceased.

We Millie W. Slack and John D. Van Deman being

duly sworn in open court this 30th day of April A.D. 1868

depose and say, that we were present at the execution of the

last will and testament of Sarah Flagg of Berlin Township

in this county deceased hereto annexed, that we saw the said

testatrix subscribe said will and heard her publish and

declare this same to be her last will and testament, and that

the said testatrix at the time of executing the same was

of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at

her request and in her presence and in the presence of

each other. Millie W. Slack

J. D. Van Deman

Sworn to and subscribed before me in the Probate Court

this 30th day of April A.D. 1868

T. W. Powell

Probate Judge

The State of Ohio }

Delaware County SS } In the matter of the last will and

testament of Sarah Flagg late Berlin Township in this

county deceased. We Mellville C. Flagg and Harriett

C. Flagg being duly sworn in open court this 27th day of

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 430)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 430)

Description

[page 430]

[corresponds to labeled page 398 of Will Record Vol. 4 1859 - 1869]

398

Record of the last will of Sarah Flagg Deceased


April A.D. 1868 depose and say that we were present at the

execution of the Codicil to the last will and testament of Sarah

Flagg of Berlin Township in this county hereto annexed; that

we saw the said testator subscribe said codicil to said will

and heard her publish and declare the same to be her last

will and testament and that the said testatrix at the time

of executing the same was of full age, of sound mind and

memory and not under any restraint, and that we signed

the same as witnesses at her request and in her presence and

in the presence of each other

Mellville C. Flagg

Harriett C. Flagg

Sworn to and subscribed before me in the Probate Court this 27th

day of April A.D. 1868

T. W. Powell

Probate Judge

_______________________________
_______________________________


Record of the last Will of Gotlieb F. Albright - decd


Proceedings had before Thomas W. Powell Judge of the

Probate Court within and for the County of Delaware and

State of Ohio, at his office on the 18th day of July 1868

This day the last will and testament of Gotlieb F.

Albright late of Delaware dec'd was presented to this court

for probate and record. Thereupon came into court Charles

Wootring, and Peter T. Engard, the two subscribing witnesses

to the said will who being duly sworn and examined and their

testimony reduced to writing and placed on file annexed

to the Will; and it appearing to the Court that the said will was

duly executed and attested, and that the testator at the time of

executing the same was of full age, and of sound mind

and memory and not under any restraint; Thereupon the

Court on consideration thereof orders that the said will

be admitted to probate as duly proved as the last will and

Testament of the said Gotleib F. Albright - deceased, and ordered

to be recorded as such. Thereupon Frederick G. Albright

the Executor named in the will was admitted and duly qualified

as such and who gave bonds in the sum of $30,000 with

Charles Woolring, Peter T. Engard, Christian P. Albright and

Samuel J. Albright - his sureties. The Court appoint Abraham

Blymer, Charles D. Potter, and John H. Mendenhall, appraisers

of the said Estate. Letters and Papers issued

T. W. Powell,

Probate Judge


(Copy of the Will)

In the Name of the Benevolent Father of all

I Gotleib F. Albright of the town and
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 431)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 431)

Description

[page 431]

[corresponds to labeled page 399 of Will Record Vol. 4 1859 - 1869]


399

Record of the last Will of Gotlieb F. Albright, deceased


county of Delaware Ohio, do make and publish this my last will

and testament -

Item 1st It is my will and desire and I so direct that my

Executor hereinafter appointed immediately after my decease

proceed to pay out of my personal property all my Just

debts and funeral expenses.

Iten 2d I give and devise to my daughter Rosana Plotner

the sum of one thousand dollars to be paid to her by in

money by my Executor, and which sum of one thousand

dollars I direct to be paid to her within Twelve months

after my decease

Item 3d I give and devise to my daughter Gottiwan

E. Reicherts the sum of one thousand dollars to be paid

to her in money by my Executor, and which sum of

one thousand dollars I direct to be paid to her within

twelve months after my decease.

Item 3d I give bequeath and devise to my beloved wife

in lieu of her dower the house and lot in South Delaware

Delaware County Ohio known as the Reeder property, being

the north third parts of In lots Old numbers 94 & 95 in Milo

D. Pettibone's addition to the town. New numbers 317 & 318 -

same property deeded to me by deed bearing date

February 25th 1863 signed by said Reeder and wife - the

said property is hereby devised to my said wife Lydia

Albright and her heirs and assigns forever.

And I further direct my said Executor to invest

in a perfectly safe manner in Bonds or Mortgages or real

Estate in Delaware County the sum of Two thousand dollars

in money during the natural life of my said wife, and

I give and bequeath to her during her natural life the

interest of said Two thousand dollars and which said

interest is to be paid to her in installment at the end of every

three month time commencing at my decease and as above

stated said interest is to be paid to her during her natural life

and my said Executor is to be responsible for the safety of the

investment and payment of the interest as above during the

term of his Executorship and after that shall cease said

Frederick G Albright shall hold and invest said sum of

Two thousand dollars as trustee during the natural life of

said Lydia Albright, and at her death said Two thousand

dollars is hereby devised and given to my sons Christian

P. Frederick G and Samuel J. Albright share and share

alike.

Item 4th I do hereby give devise and bequeath all the

residue of my Estate both real and personal to my said

sons Christian P. Frederick G and Samuel J Albright above

named their heirs and assigns forever. It is however

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 432)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 432)

Description

[page 432]

[corresponds to labeled page 400 of Will Record Vol. 4 1859 - 1869]


400

Record of the last will of Gotleib F Albright decd



* should be A Swick as per original

deed now on file in this office

F B Sprague

Probate Judge

My will and desire and I so direct that in dividing the property devised

in this item to my said sons that Christian P shall have the

farm on which he now resides (deeded to me by * A Smith &

his wife March 7th 1867) for and at the same rate I paid

for the same so that he may have the benefit of his

improvements and of rise in the value of said land.

with this qualification it being my will and desire that

my said sons shall share said property or the proceeds

thereof share and share alike.

Item 5th I do hereby nominate and appoint my son

Frederick G. Albright Executor of this my last said will and

testament hereby authorizing and empowering and direct=

ing him to sell by private sale or otherwise or in such

manner upon such terms of credit or otherwise, as he may

think best all or any part of my real Estate (except that

devised to my said wife, and that devised as therein=

before stated to my son Christian P Albright) and deeds

& purchases to execute acknowledge and deliver fee simple

That said Executor shall sell and dispose of said real estate as

above as soon after my decease as he reasonably can, and

collect and convert into money all my personal property as

soon as he can after my decease and pay over the proceeds as

hereinbefore directed. I do hereby revoke all former wills by

me made. In testimony whereof I have hereunto set my

hand and seal this 20th day of March A.D. 1868

Gotleib F. Albright {Seal}

Signed and acknowledged by said Gotleib F. Albright as

his last will and testament in our presence, and signed by

us in his presence.

Charles Wottring

{ U. S. Stamp } P. T. Engard

{ $9.50 T. W. P. }

The State of Ohio, }

Delaware County SS. } In the matter of the last will and testament

of Gotleib F. Albright late of Delaware deceased.

We Charles Wootring and Peter T. Engard being duly sworn

in open court this 13th day of July A.D. 1868 depose and say,

that we were present at the execution of the last will and

testament of Gotleib F. Albright of Delaware, Ohio, hereto

annexed, that we saw the said testator subscribe the said

will and heard him publish and declare the same to be

his last will and testament and that the said testator at

the time of making the same was of full age, of sound

mind and memory and not under any restraint, and

that we signed the same as witnesses at his request and

in his presence and in the presence of each other Charles Wottring

P. T. Engard

Sworn to and subscribed before me this 13th

day of July A.D. 1868 T. W. Powell

Pro Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 433)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 433)

Description

[page 433]

[corresponds to labeled page 40l of Will Record Vol. 4 1859 - 1869]

401

Record of the last will of Patrick Barnwell decd.


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio at his

office in Delaware O.

The following is a record of the Journal entry to wit

September 5th 1868

Will and estate of Patrick Barnwell of Berlin Township decd

This day the last will and testament of Patrick Barnwell late of Berlin

Township decd. was presented for probate and record and thereupon Stiles R.

Nettleton and John J. Loop the two subscribing witnesses to the said will

came into court and were duly sworn and examined and their tes-

=timony reduced to writing, annexed to the will and filed therewith, and

it thereupon appearing to the court that the said will was duly execu-

=ted and attested, and that the said testator at the time of executing

the same was of full age and of sound mind and memory, and not under

any restraints, Thereupon the court upon consideration orders that the

said will be admitted to probate, and duly proved as the last will and

testament of said Patrick Barnwell and ordered to be recorded as such.

Thereupon Julia Barnwell the widow appeared and was appointed

administratrix with the will annexed, who gave bonds in the sum of

$1000. with Patrick Brodrick, Martin Henry, and Patrick Murphy,

as her sureties, Court appoint Nelson Leonard, Patrick Shanahan

and John Ryan appraisers of said estate (letters etc issued).

Thereupon the said Julia Barnwell, widow aforesaid upon being

fully informed of the contents of the will and fully understanding

her interest under the will and by law in case she did not elect

to take under the will, On consideration thereof the said widow

declared that it was her choice and election to take under the said will

according to the terms thereof ~

T. W. Powell Probate Judge


The following is a copy of the will


In the name of God the benevolent father of all, I, Patrick

Barnwell of the Township Berlin County of Delaware and State of

Ohio, being of sound mind and memory do make and publish this my

last will and testament.

In the first place I wish my wife Julia to retain her dower in

all my Real Estate so long as she remains my widow only. In the

event of her marrying I wish all her right and title of dower in any

of my Real Estate or personal property then to cease and I wish my

Son Michael when he becomes twenty one years of age to own all the

Real Estate I now possess it being the farm of seventy one and

one Half acres upon which I now reside. I wish my son Michael

to work the place and to use the proceeds of the place in supporting

the rest of the family and any money that can be saved to be put

out at interest and well secured, to be used when my daughters come

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 434)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 434)

Description

[page 434]

[corresponds to labeled page 402 of Will Rercord Vol. 4 1859 - 1869]

402

Record of last will and testament of Patrick Barnwell decd


of age in paying them the several amounts herein mentioned

I wish Daniel Scott of Berlin Delaware County Ohio and

William Sweeney of said Township County and State to act as and

to be the guardians for my children viz. my son Michael, my

Daughters Kate, Anne and Margaret. It is my wish further

that as each of my daughters mentioned above shall become of age

I. E. Eighteen years of age shall receive as their share of all my real

and personal property, whatever may be its value at such time as

they shall become of age, the sum of three hundred dollars in money

each. that is my Daughter - Kate will receive three hundred dollars

my Daughter Ann will receive three hundred dollars and my daug-

-hter Margaret will receive three hundred dollars

This amount I wish to be paid to each of my daughters as

above mentioned by my son Michael out of money that may at the

time of their majority have accumulated from the real and personal

property that I now own and possess, if there shall be a sufficient

amount so to do, if not then my said son Michael to raise the money by

mortgageing the Real Estate if necessary.

In fact I give and bequeath to my son Michael when he shall

arrive at the age of twenty one years the farm of seventy one and a half

acres of Land upon which I now reside. I give and bequeath to my

Daughters Kate, Anne and Margaret the sum of three hundred dollars

each to be paid at their majority as mentioned herein.

In the event of either of my said Daughters shall die before both

or either of my other Daughters shall have reached their majority then

and in that case the other two are to share equally the amount of

money that she would have received at her majority had she lived.

If two of them should die before the other should have reached

her majority then the surviving one to receive the share of both the others

or the amount they would have received had they lived. In the event

that my son Michael should die before he should have reached his

majority then each of the Daughters then living to share equally

all my Real and Personal property. In the event of my son Michael

dying before his majority I wish my wife Julia to conduct the farm

under the direction and advisement of the Guardians herein ment-

=ioned. that is so long as she shall remain my widow and in event

of my son Michaels death previous to his majority, and my wife Julia

should be my widow at the time all or either of my said Daughters should

reach their majority then the money to be then paid to my said Dau-

=ghters to be paid as before said from any money then on hand or else

to be raised from the Real Estate as security

Patrick Barnwell { Seal }

Orange Township

Delaware County Ohio

June 11th 1860

Signed and sealed in presence of

Stiles R. Nettleton

John J. Loop

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 435)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 435)

Description

[page 435]

[corresponds to labeled page 403 of Will Record Vol. 4 1859 - 1869]

403

Record of the last will and testament of Patrick Barnwell decd


The State of Ohio Delaware County S.S.

In the matter of the last will and testament of Patrick Barnwell

late of Berlin Township Decd.

We Stiles R. Nettleton and John J. Loop being duly

sworn in open court this 5th day of September A.D. 1868 depose and

say that we were present at the execution of the last will and testament

of Patrick Barnwell Decd of Berlin Township hereto annexed that we

saw the said testator subscribe said will and heard him publish and

Declare the same to be his last will and testament and that the said

testator at the time of executing the same was of full age and of

sound mind and memory and not under any restraint and that

we signed the same as witnesses at his request and in his presence

and in the presence of each other

Silas R. Nettleton

John J. Loop

Sworn to and subscribed before me in the Probate Court this the 5th day

Day of September A.D. 1868 T. W. Powell Probate Judge


_______________________________________________________________________________


Record of the last will of William Gaston Deceased


Proceedings had before Thomas W. Powell Judge of the Probate Court in

and for Delaware County Ohio at his office in Delaware Delaware

County Ohio

The following is a copy of the Journal record to wit.

September 26th 1868

Will and estate of William Gaston Decd.

This day the last will and testament of William Gaston Decd.

was presented in Court for Probate and record. Thereupon John Potter and

Robert Ferguson the two subscribing witnesses to the said will came into

Court and were Duly Sworn and examined and their testimony reduced to

writing annexed to the will and filed therewith. And it appearing to the Court

that the said will was Duly executed and attested, and that the testator at

the time of executing the same was of full age and of sound mind and

memory and not under any restraint. Thereupon upon consideration it is

ordered that the Said will be admitted to Probate as Duly proved as the

last will and testament of said William Gaston Decd. and ordered that

the same be recorded as such

Thereupon letters testamentary were issued to William H.

Maxwell, the executor named in the said will, who accepted the same

and gave bonds in the sum of $10,000 with John Potter Josiah Lott

and Reuben P. McCammon as his sureties. The Court appointed Robt.

Ferguson Joseph Potter and Nelson Taylor appraisers for

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 436)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 436)

Description

[page 436]

[corresponds to labeled page 404 of Will Record Vol. 4 1859 - 1869]

404

Record of the last will of William Gaston Deceased


said estate (Letters etc issued)

T. W. Powell Probate Judge


Copy of the will -

Know all men by these present that I William Gaston of the Cou-

-nty of Delaware and State of Ohio, being weak in body but of sound

mind and memory blessed be God for the same and considering the

uncertainty of this transitory existence, Do make and ordain this my

last will and testament in manner and form following (To wit.)

First it is my will that all my estate real and personal be sold as soon

as convenient after my Decease except ten head of sheep which I give

and bequeath to my son James H. Gaston and one rifle gun which I

give and bequeath to my grandson Eugene Magoon son of my Daughter

Jane Magoon Deceased and the residue First I give and bequeath to

my beloved wife Dorothy one hundred and fifty dollars for a years

maintainence and on the settlement of the estate the further sum of

two thousand dollars subject to her own absolute control. And

Secondly I give and bequeath to the surviving heirs of my Daughter Polly

Finch Decd. the sum of four hundred dollars to be equally divided

between them. And all the residue after paying my funeral and other

necessary expenses, I give and bequeath to the following persons to be

equally divided between them. Viz. my Daughter Rosanna Gillett my

son Samuel David Gaston my Daughters Harriet N. Gaston and Margaret

Ann Baker and my son James H. Gaston and my grandson Eugene Magoon

son of my Daughter Jane Magoon Decd.

And last I nominate constitute and appoint my Friend William

F. Maxwell my executor to carry out and execute the foregoing will and

testament

In testimony whereof I the said William Gaston have hereunto

set my hand and seal this twenty fourth day of June in the year of our

Lord one thousand eight hundred and sixty eight.

William Gaston {Seal }

Signed sealed and acknowledged }

In the presence of }

John Potter }

Robert Ferguson }

The State of Ohio Delaware Co. S.S.

In the matter of the last will and testament of William Gaston

late of Kingston Township Decd. We John Potter and Robert Ferguson being

duly sworn in open court this twenty sixth day of September A.D. 1868

depose and say that we were present at the execution of the last will and test=

tament of William Gaston of Kingston township hereto annexed that

we saw the said testator subscribe said will and heard him publish and

Declare the same to be his last will and testament and that the said testator

at the time of executing the same was of full age and sound mind and memory
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 437)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 437)

Description

[page 437]

[corresponds to labeled page 405 of Will Record Vol. 4 1859 - 1869]

405

Record of the last will of William Gaston Decd.


and not under any restraint and that we signed the same as witnesses at

his request and in his presence and in the presence of each other

John Potter

Robt Ferguson

Sworn and Subscribed before me in the Probate Court this 26th day

of September A.D. 1868

T. W. Powell Probate Judge

_________________________________________________________________________


Record of the last will of James Eaton Deceased

Proceedings had before Thomas W. Powell Judge of the Probate Court in

and for the County of Delaware and State of Ohio at his office in Delaware

Ohio

The following is a copy of the Journal record to wit.

August 10th 1868

Will and estate of James Eaton Deceased


This day the last will and testament of James Eaton Decd was presented

for Probate and record. Thereupon Manly D. Covill and Lyman S. Covill

the witnesses for the said will came into court and were Duly sworn and ex-

amined and their testimony reduced to writing and annexed to the will and

filed therewith, and it appearing to the court that the said will was Duly

executed and attested: and that the testator at the time of executing the same

was of full age and sound mind and memory and not under any restraint

thereupon the Court upon consideration thereof orders that the said will

be admitted to probate as Duly proved as the last will and testament of the

said James Eaton Deceased and ordered to be recorded as such

Thereupon Mrs. Eaton the widow, Declines to act as one of the executors

and requested letters to Henry J. Eaton the other executor named in the will

Thereupon letters testamentary were issued to the said Henry J. Eaton named

in the will who gave bonds in the sum of $2000 with Morris Cadwallader

Betsey B. Eaton and Augustus A. Welsh as his sureties (no appraisers)

(Letters issued etc)

T. W. Powell Probate Judge


Copy of the Will

Last will and testament of James Eaton

I James Eaton of Delaware Delaware County State of Ohio being of

sound and disposing mind and memory and understanding do make publish and declare and with

my own hand write this to be my last will and testament (never having

made any last will or testament before)

1st My will is first - that my funeral expenses and all my just debts
shall

be paid by my executors hereinafer named

2nd I give and bequeath to my son Henry J. Eaton my compass and all
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 438)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 438)

Description

[page 438]

[corresponds to labeled page 406 of Will Record Vol. 4 1859 - 1869]

406

Record of the last will of James Eaton Deceased


my Surveying instruments together with all the files of original plats or sur=

=veys and all plats of towns and books or files of field notes and all

papers connected with my surveying department (excepting file of finished

plats which are to be delivered when called for or opportunity offers, to the

respective owners of the land or lots in said finished plats described. It

being my desire and wish however, that if my son Geo. C. Eaton should ever

return to Delaware County State of Ohio to settle and practice surveying

that he George C. Eaton have full and free access to all said plats field

notes or other papers connected with my said department of surveying free of

charge or expense. It being my intention and understanding that the bequest

is not to be considered or charged to either of my said sons as a part of the

distribution of my estate either personal or real.

3rd The rest of all my estate after paying my funeral expenses

all just debts & expenses attending the execution of this my last will and the admin=

istration of my estate. I give devise and bequeath to my beloved wife & companion Betsey P.

Eaton both personal real and mixed to her own use and disposal during

her natural life for her support comfort and maintainence leaving it at

her option and will to dispose of any part thereof to any or all our dear chil=

dred hereinafter named in her lifetime taking their receipt therefor as a part of

their portion of my said estate when my dear companion shall cease to want or

use it: - and after the decease of my said companion, -

It is my will that the residue of all my property both real and personal

be equally divided between my three beloved children viz. my beloved sons George

C. Eaton and Henry J. Eaton and my beloved daughter Laura A. O'Kane wife

of Julius C. O'Kane. And for the purpose of having my estate settled in a

proper manner and to the best advantage, I hereby authorize and empower

my executors hereinafter named either for the purpose of paying my debts

for the use and benefit of my beloved wife and companion or for final dis=

tribution to sell or dispose of any or all my personal property or to sell and

convey any or all of my Real Estate without appraisment either by public

or private sale and in the probate of this my last will and testament, it

is my wish that my said executors hereinafter named be not required to make

or have made any appraisement of my personal or Real Estate, I having full

confidence in them that they will execute this my last will and testament in

a proper and equitable manner and to the satisfaction of my said companion

and children.

I do hereby nominate and appoint my beloved wife Betsey P. Eaton

and Henry J. Eaton my son executors of this my last will and testament

hereby authorizing and empowering them to settle my Estate and the execu-

tion and probate of this my last will and testament and disposing of my

said estate without appraisment or inventory as hereinbefore stated.

In testimony whereof I the said James Eaton have hereunto

subscribed my name and affixed my seal this twenty third day of February

A.D. 1859

Signed Sealed and Declared by the

James Eaton {Seal}

said James Eaton to be his last will

& testament in presence of us who at his request

& in his presence have subscribed our names

as witnesses

hereto in presence of each other

L.S. Covill

S.M. Little

M.D. Covill
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 439)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 439)

Description

[page 439]

[corresponds to labeled page 407 of Will Record Vol. 4 1859 - 1969]

407

Record of the last will of James Eaton Deceased


The State of Ohio Delaware County S.S.

In the matter of the last will and testament of James Eaton

late of Delaware Deceased We Manly D. Covill and Manly S. Covill

being duly sworn in open court this 10th day of August A.D. 1868 depose

and say that we were present at the execution of the last will and tes=

tament of James Eaton of Delaware Ohio hereto annexed, that we saw

the said testator subscribe said will and heard him publish and declare

the same to be his last will and testament and that the said testator

at the time of executing the same was of full age and of sound mind

and memory and not under any restraint and that we signed the

same as witnesses at his request and in his presence and in

the presence of each other

Manly D. Covill

L. S. Covill

Sworn to and subscribed before me in the Probate Court this

10th day of August A.D. 1868.

T. W. Powell Probate Judge

___________________________________________________________________


Record of the last will and testament of * Thomas W. Benton



This will has

the name of Thomas

Benton in the

body of it but is

signed Edward W.

Benton.

Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for Delaware County and State of Ohio at his office

at Delaware Ohio.

The following is a copy of the Journal record to wit.

August 29th 1869

Will and estate of Edward W. Benton Decd.

The last will and testament of Edward W. Benton late of Scioto Township

in this county Decd. having been deposited in this office for probate and record

and on the 17th day of this present month Joseph Mangans and Sarah Mangans

the two subscribing witnesses to the said will personally appeared in Court

and were duly sworn and examined and their testimony reduced to writing

and annexed to the will and filed therewith and now upon consideration the

court finds that the said will was duly executed and attested and that the

testator at the time of making the same was of sound mind and memory and

not under any restraint, thereupon the Court upon consideration orders that

the said will be admitted to probate as duly proved to be the last will and

testament of said Edward W. Benton Decd and ordered to be recorded

as such

Thereupon Michael C. Bean the executor named in the will appeared

and accepted the his appointment and gave bonds in the sum of $3000 with

Benjamin Turney and Martin Mangans as his sureties, and received his

letters testamentary. The Court appointed William Colhoun George


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 440)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 440)

Description

[page 440]

[corresponds to labeled page 408 of Will Record Vol. 4 1859 - 1869]

408

Record of the will of Edward W. Benton Deceased.


Honeter and William W. Warren appraisers of said estate.

T. W. Powell Probate Judge

Copy of the Will

I Thomas W. Benton of the County of Delaware in the state of Ohio

do make and publish this my last will and testament in manner and form

following that is to say First it is my will that my Funeral expenses

and my just debts be fully paid.

Second I give devise and bequeath to my beloved wife Matilda

Benton in lieu of her dower the house and lot in the town of Ostrander in

the County of Delaware and State of Ohio, known and designated on the

recorded plat of said town by number Sixty (60) during her natural life

and all the live stock horses, cows, sheep, hogs, etc by me now owned and

kept, also all the household furniture and other items not particularly named

in this will and Bonds, notes, and Book accounts during her natural

life as aforesaid. She however first disposing of a sufficiency thereof to pay

my just debts as aforesaid, and that at the Death of my said wife all the prop=

erty hereby devised or bequeathed to her: as aforesaid or so much thereof as

may then remain unexpended is to be taken in hand by my hereinafter

named executor the house and lot in Ostrander he is to sell by due course

of law as well as the aforesaid personal property and to be paid by my

said executor to my children as follows.

Third I give and devise to my daughter Matilda Toben Seventy five

dollars. Fourth I give and devise to my daughter Susannah

McBride Seventy five dollars Fifth I give and devise to my

son Eli Benton and my son Benjamin Benton and my daughter

Catherine Magans and my Daughter Ann Porter and my Daughter

Mary Jane Dodds and my daughter Nancy Miller and my son Erasmus

Benton the balance of my estate to be divided amongst them share

and share alike, excepting my daughter Catharine Mangans there

is to be fifty dollars deducted out of her share and to be paid over to

Alonzo Benton son of said Catharine who she had in her single days also

to be paid over by my executor and lastly I hereby constitute and appoint

Michael C. Bean to be the executor for this my last will and testament

Revoking and annulling all former wills by me made and ratifying and

confirming this and no other to be my last will and testament

In testimony whereof I have hereunto set my hand and seal this 17th

day of February A.D. 1863.

Edward W. Benton {Seal}

Signed published and declared by

the above named Edward W. Benton

as and for his last will and testament

in presence of us who at his request

have signed as witnesses to the same.

Sarah Mangans

Jos. Mangans
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 441)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 441)

Description

[page 441]

[corresponds to labeled page 409 of Will Record Vol. 4 1859 - 1869]

409

Record of the will of Edward W. Benton Deceased

The State of Ohio Delaware County SS.

In the matter of the last will and testament of Edward W.

Benton late of Scioto Township in this County Deceased.

We Sarah Mangans and Joseph Mangans being duly affirmed in

open court this 17th day of August A.D. 1868 depose and say that we

were present at the execution of the last will and testament of Edward

W. Benton of Scioto Township hereto annexed that we saw the said

testator subscribe said will and heard him publish and declare the

same to be his last will and testament and that the said testator

at the time of making the same was of full age and sound mind

and memory and not under any restraint and that we signed the

same as witnesses at his request and in his presence and in

the presence of each other

Sarah Mangans

Jos. Mangans

Sworn to and subscribed before me in the Probate Court this

17th day of August A.D. 1868

T. W. Powell Probate Judge


Record of the last will and testament of Owen Thomas Decd.


Proceedings had before Thomas W. Powell Judge of the Probate Court

in and for the County of Delaware and State of Ohio at his office in the

town of Delaware

The following is a copy of the Journal record to wit.


Sept. 29th 1868

Will and estate of Owen Thomas deceased

On this day the last will and testament of Owen Thomas late of Radnor

deceased was presented for Probate and record. Thereupon Isaac Roberts and

James P. Osborne the two sbuscribing to the said will came into court and were

duly sworn and examined and their testimony reduced to writing, annexed

thereto and filed therewith, and it appearing that the said will was duly

executed and attested and that at the time of the execution thereof the said

testator was of full age and sound mind and memory and not under

any restraint it is therefore ordered that the said will be admitted to probate

as duly proved as the last will and testament of the said Owen Thomas decd

and ordered to be recorded as such

Thereupon letters of administration with the will annexed were

granted to Mary Thomas the widow who gave bonds in the sum of

$2000. with James P. Osborn and John Roberts as her sureties

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 442)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 442)

Description

[page 442]

[corresponds to labeled page 410 of Will Record Vol. 4 1859 - 1869]

410

Record of the will of Owen Thomas Deceased


Court appoint Isaac Roberts, Henry Worline and Abraham Lloyd as

appraisers of the estate.

T. W. Powell Probate Judge

Copy of the Will

In the name of the benevolent Father of all

I Owen Thomas of Radnor Township Delaware County Ohio do make

and publish this my last will and testament

Item 1st I give and devise to my beloved wife the farm on which we

now reside situated in the above township above named and containing about

one hundred and thirty three acres during her natural life and all the

stock household goods furniture provisions and other goods and chattels

which may be thereon, at the time of my decease during her natural

life as aforesaid she however selling so much thereof as may be sufficient

to pay my just debts, At the death of my said wife the Real Estate aforesaid

and such part of the personal property or the proceeds thereof as may then

remain unconsumed and unexpended, I give and devise to my sons

and daughters and their heirs to be equally divided

In testimony whereof I have hereunto set my hand and seal this

the twenty fourth day of August (A.D.) in the year 1868

Owen Thomas {Seal}

Signed and acknowledged by

said Owen Thomas as his last

will and testament in our

presence and signed by us in

his presence

Isaac Roberts

James P. Osborn

State of Ohio Delaware County SS.

In the matter of the last will and testament of Owen Thomas decd

late of Radnor Township Deceased.

We Isaac Roberts and James P. Osborn being duly sworn in

open court this 8th day of October A.D. 1868 depose and say that we were

present at the execution of the last will and testament of Owen Thomas

of Radnor Township in this county hereunto annexed bearing date 14th

of August 1868 that we saw said testator subscribe said will and

heard him publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same was of full age

and sound mind and memory and not under any restraint and that

we signed the same as witnesses at his request and in his presence and

in the presence of each other

Isaac Roberts

James P. Osborn

Sworn to and subscribed before me in the Probate Court this 8th

day of October A.D. 1868 T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 443)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 443)

Description

[page 443]

[corresponds to labeled page 411 of Will Record Vol. 4 1859 - 1869]

411

Record of the will of Andrew Howalt Deceased


Record of the last will of Andrew Howalt deceased


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio at his office

in Delaware

The following is a copy of the Journal Record to wit.

October 8th 1868

This day the last will and testament of Andrew Howalt late

of Marlborough Township Decd. was presented in Court for Probate and

record. Thereupon Hugh Cole and Jacob A. Schaaf appeared in Court

the two subscribing witnesses to said will who were duly sworn and

examined and their testimony reduced to writing annexed to the will

and filed therewith and it appearing that the said will was duly ex-

ecuted and attested, thereupon the Court ordered that the said will be

duly admitted to probate as being duly proved as the last will and tes-

tament of the said Andrew Howalt decd. and ordered to be recorded as such.

Thereupon Jacob Howalt accepted his appointment as ex-

ecutor of said will and gave bonds in the sum of $3000 with Hugh Cole

and Leonard Bauereis as sureties, the court appoint Jacob A. Schaaf

and Joseph Bishop and Joseph Bishop appraisers of the said estate

Thereupon Mrs. Fannie Howalt the widow appeared in

Court to make her choice and election under the will and the same

being fully explained and made known to her she did thereupon declare

her election and choice to be to take under the will according to the

terms thereof and not according to law

T. W. Powell Probate Judge

Copy of the Will

In the name of the Benevolent Father of All, I Andrew howalt

of the County of Delaware State of Ohio do make this my last will and

testament

1st I give and bequeath to my beloved wife Fanny in lieu of her dower

the farm on which I now reside situated in the County of Delaware Ohio con-

taining one hundred and seventy two and a half acres during her natural

life and all the stock household goods furniture provisions and other goods or chattels

which may be thereon at the time of my decease during her natural life as

aforesaid she however selling so much thereof that may be sufficient to pay

my just debts

At the death of my said wife the Real Estate aforesaid I give &

devise to my daughter Rosanna, to my son John F. and to my son J. George

and to my daughter Elizabeth to my son Jacob to my daughter Mary

Also all the personal or chattel property that shall be left at

the death of my said wife

2nd I do hereby nominate and appoint my three sons Jacob

Frederick and George to superinted the farm and secure to my said wife
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 444)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 444)

Description

[page 444]

[corresponds to labeled page 412 of Will Record Vol. 4 1859 - 1869]

412

Record of the last will of Andrew Howalt Deceased


two fifths of all the produce of the said farm

3rd I do hereby request that my wife shall have the privelege to

keep on the farm all the stock that shall remain after paying the just

debts and funeral expenses

4th I do also appoint my son Jacob as administrator of my

estate in full

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand and seal

this 22nd day of September in the year of our Lord 1868

(signed in German) [ ? ]


Signed and acknowledged by said

Andrew Howalt as his last

will and testament

Hugh Cole

Jacob A. Schaaf

The State of Ohio Delaware County SS.

In the matter of the last will and testament of Andrew Howalt late

of Marlborough Township Deceased.

We Hugh Cole and Jacob A. Schaaf being duly sworn in open

court this 8th day of October A.D. 1868 depose and say that we were pres-

ent at the execution of the last will and testament of Andrew Howalt of

Marlborough Township hereto annexed; that we saw said testator sub-

scribe said will and heard him publish and declare the same to be his

last will and testament and that the said testator at the time of executing

the same was of full age and of sound mind and memory and not under

any restraint and that we signed the same as witnesses at his request &

in his presence and in the presence of each other

Hugh Cole

Jacob A. Schaaf

Sworn to and subscribed before me in the Probate Court this 8th

day of October A.D. 1868

T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 445)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 445)

Description

[page 445]

[corresponds to labeled page 413 of Will Record Vol. 4 1859 - 1869]

413

Record of the authenticated will of Samuel Ott


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio at his

office in Delaware

The following is a copy of the Journal record to wit

November 10th 1868

Will of Samuel Ott Deceased

On motion of Francis Ott on behalf of the Devisus Has

presented to the Court the duly authenticated copy of the last will

and testament of Samuel Ott late of Bedford County in the State

of Pennsylvania Deceased now produced in open court duly proved

and admitted to record in the said County of Bedford in the State of

Pennsylvania, and having relation to property in the County: and

upon consideration thereof the Court now orders that the said authenti-

-cated copy of the said record of the said will be admitted and recorded

among the records of the wills of this county T. W. Powell Probate Judge

which is as follows to wit


I Samuel Ott of Colerain Township Bedford County in the

State of Pennsylvania being of sound and disposing mind, memory and

understanding do make and publish this my last will and testament in

manner following to wit.

1st I give devise and bequeath to my beloved wife Ann my mansion

farm adjoining lands of John Bettinger Abram McClellan Saml Fitter

S. M. Barclays heirs and others during her natural lifetime to be farmed

however by my son William Ott and Thomas Ott they to give her the one

third of all the products of said farm and to farm the same under her

direction and control my said wife to keep my son Joseph with her on the

said farm and supply him with everything necessary for his convenience and

comfort during her lifetime I also give and bequeath all my household goods

and all my cows hogs and sheep to my said wife

2nd I give devise and bequeath to my two sons William and Thomas

my mansion farm above described to be held and enjoyed by them their heirs

and assigns forever after the death of my said wife they to keep and man=

=tain my son Joseph on said farm after the death of my wife during

her natural lifetime and I hereby make and order that my said mansion

farm above described be chargeable with the support of said son Joseph

3rd I give and bequeath to my two sons William and Thomas all

my furnishing implements all horses colts and other property about my

mansion farm not given to my wife so that there need be no sale

of my personal property

4th I give and bequeath to my daughter Lavanda two thousand

dollars to be paid her by my sons William and Thomas upon her attaining

the age of twenty three years

5th I give devise and bequeath to my son Samuel the

farm he now lives on in Bedford Township adjoining lands of Dewalt

Hershberger, Jacob Zimmers, and Michael Zimmers he to give my

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 446)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 446)

Description

[page 446]

[corresponds to labeled page 414 of Will Record Vol. 4 1859 - 1869]

414

Record of the authenticated copy of the will of Samuel Ott


wife the one third of the products for three years after my death

6th It is my will and I direct that the land in Webster County

Iowa belonging to me be sold by my executor and the money put on interest

and the interest paid to my son Joseph during his lifetime and at his

death the principal equally divided between my other sons or to be given

to whoever of my sons children that will take Joseph and give him a

home if he should not want to live with my sons William and Thomas

on my Mansion Farm

7th It is my will and direct that my farm in Delaware County

Ohio be sold by my executor as soon after my decease as can be and

eight thousand dollars paid over to my son Francis which is all I give

and bequeath to him and two thousand dollars paid to my daughter Charlotte

which is all I give and bequeath to her

8th I give devise and bequeath to my daughter Mary wife of William

Sipes my Eighty acre tract of land in James County Iowa I also give and

bequeath to my said daughter Mary Sipes a judgement note for six hundred

and sixteen dollars I hold against her husband William Sipes

9th It is my will and I direct that whatever of my estate remains

after the foregoing legacies and bequest are paid the same shall be equally

divided between my children share and share alike

I constitute and appoint my son William and Francis

Executors of this my last will and testament Signed sealed and deliv-

-ered the twenty eighth day of February A.D. 1868

Samuel Ott {Seal}


Signed and sealed by the said Samuel Ott

and declared by him to be his last will and

testament in our presence who in his presence

and in the presence of each other and at his request

subscribed our names hereto as witnesses the 28th

day of February 1868 interlineations made

before signing

Wm M. Deatrick

J. W. Lingenfelter

May 24th 1868 I Samuel Ott above named being still of sound

and disposing mind do make and publish this Codocil to my last will and

testament as follows That is to say I give and devise to my two sons

William and Thomas a tract of mountain land adjoining lands of John

Bittinger Adam Diehl and Abraham McClellan containing about two

hundred acres purchased by me from Frederick Hyseong I give and

devise the above to my said two sons in addition to what I have herein=

before given and devised to them Witness my hand and seal the day

and year above written Signed in our presence by the said testator and declared

by him to be his act and last will and testament and desired us

to sign our names as witnesses

Henry Shaffer

J. W. Lingenfelter


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 447)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 447)

Description

[page 447]

[corresponds to labeled page 415 of Will Record Vol. 4 1859 - 1869]

415

Record of the authenticated copy of the Will of Samuel Ott


Bedford County SS.

{Seal} By the tenor of these presents I O. E. Shannon Register

for the Probate of Wills and granting letters of administration

in and for the County of Bedford in the Commonwealth

of Pennsylvania do make known to all men that

on the 29th day of August A.D. 1868 at Bedford before me was duly proven

the last will and testament of Samuel Ott late of Bedford County,

deceased (a true copy whereof is to these presents annexed) he the said

Samuel Ott having previous and at the time of his death diverse goods

chattels rights and credits within the said Commonwealth the committing

the administration whereof and also the auditing the accounts calculations

and reckonings of the said administration according to law to me are

known to belong and the administration of all and singular the

said goods chattels rights and credits and all other things concerning said

last will and testament was committed to William and Francis Ott

Executors in the said testament named they having been first duly

qualified well and truly to administer the goods chattels rights and

credits of the said deceased and make a true and perfect inventory

thereof and exhibit the same into the Registers office at Bedford within

thirty days from this date and within thirty days after the sale of said

goods file a list thereof with the prices and name of the purchasers

in the office aforesaid and also diligently and faithfully regard and

well and truly comply with the provisions of law relating to collat=

eral inheritances and to render a just and true account

calculation and reckoning of the said administration within

one year from the date hereof or when thereunto lawfully

required

In testimony whereof I have hereunto set my hand and

seal of office at Bedford the 29th day of August in the year

of Our Lord one thousand eight hundred and sixty eight

O. E. Shannon

Register

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 448)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 448)

Description

[page 448]

[corresponds to labeled page 416 of Will Record Vol. 4 1859 - 1869]

416

Record of the last will and testament of Andrew Jack


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio

at his office in Delaware Ohio

The following is a record of the Journal entry to wit.

December 31st 1868

Will and estate of Andrew Jack late of Orange township in this

County and State decd was presented to the Court for Probate and

record. Thereupon Early F. Poppleton and J. F. Lears the two subscribing

witnesses to the said will came into court and were duly sworn and

examined and their testimony reduced to writing and annexed to

the will and filed therewith. And it appearing to the Court that

the said will was duly executed and attested and that the said testator

at the time of executing the same was of full age and sound mind

and memory and not under any restraint. Thereupon upon consid-

eration the court orders that the said will be admitted to probate as

duly proved as the last will and testament of said Andrew Jack decd.

and ordered to be recorded as such

(no letters issued T. W. Powell

Probate Judge


Copy of the Will


In the name of the benevolent Father of All. I Andrew

Jack of the County of Delaware and State of Ohio of lawful age

being of advanced age and considering the uncertainty of this mortal

life the uncertainty of death and the uncertainty of the time thereof

and being desirous of disposing of my earthly effects while

I remain in the flesh and being of sound and disposing mind

and memory do make and publish this my last will and testament

Item 1st I will that all my just debts and expenses of last sicknesses

and funeral expenses be first paid out of my estate

Item 2nd I will and bequeath to my daughter Mary Jane Asher

the North half of the Home farm upon which I now live in the

township of Orange Delaware County Ohio and being that part

of my farm deeded by the heirs of Paul Pherson to Asa Noble

and by the said Noble to the testator supposed to contain 91 1/2

acres of ground more or less

Item 3rd I will and bequeath to my daughter Sarah Allen Wilcox

the south half of the home farm upon which I now live situate

in the township of Orange Delaware County Ohio and being that

part of my farm deeded by Samuel Pherson to Asa Noble and

by the said Noble deeded to the testator - supposed to contain

91 1/2 acres of land more or less

Item 4th I will and bequeath to my daughter Sarah Ellen

Wilcox the piano now in the house and owned by me

Item 5th I will and bequeath all the residue of my estate

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 449)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 449)

Description

[page 449]

[corresponds to labeled page 417 of Will Record VOl. 4 1859 - 1869]

417

Record of the last will and testament of Andrew Jack


of every description both real personal and mixed of which

I may die seized to my two daughters. Mary Jane Asher

and Sarah Ellen Wilcox to be equally divided between them

the one to have the same amount of the residue of my estate

as the other. I hereby revoke all other and former wills

by me made and declare this alone to be my last will and

testament

In testimony whereof I have hereunto set my hand

and seal this 7th day of August A.D. 1868

Andrew Jack {Seal}

Signed sealed and acknowledged by the said Andrew

Jack to be his last will and testament in our presence

and signed by us in his presence and at his request

and in the presence of each other on this 7th day of August

A.D. 1868

J. E. Lears

E. F. Poppleton


The State of Ohio }

Delaware County SS }

In the matter of the last will and testament of

Andrew Jack deceased We J. E. Lears and E. F.

Poppleton who being duly sworn in open court this 31st day

of December A.D. 1868 depose and say that we were present

at the execution of the last will and testament of Andrew

Jack of Delaware County Ohio hereunto annexed bearing

date the 7th day of August A.D. 1868 that we saw the said

testator subscribe said will and heard him publish the same

to be his last will and testament and that the said testator

at the time of executing the same was of full age and of

sound mind and memory and not under any restraint

and that we signed the same as witnesses at his request and

in his presence and in the presence of each other

E. F. Poppleton

J. E. Lears

Sworn to and subscribed before me in the Probate Court

this 31st day of December A.D. 1868

T. W. Powell

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 450)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 450)

Description

[page 450]

[corresponds to labeled page 418 of Will Record Vol. 4 1859 - 1869]

418

Record of the last will and testament of Hodge McCutcheon


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio at his

office in Delaware Ohio

The following is a copy of the Journal record to wit.


December 19th 1868

This day the last will and testament of Hodge McCutcheon

late of Brown Township in this county decd was presented to the

court for probate and record. Thereupon William Williams and

Daniel Sheets the two subscribing witnesses thereto came into

court and were duly sworn and examined and their testimony

reduced to writing annexed to the will and filed therewith and

it appearing to the Court that the said will was duly executed

and attested and that the said testator at the time of executing

the same was of full age and of sound mind and memory

and not under constraint Thereupon on consideration it

is ordered that the said will be admitted to probate as duly

proved as the last will and testament of the said Hodge

McCutcheon decd. and that the same be recorded as such

Thereupon Mrs. Mary B. McCutcheon the widow appeared

in Court to make her election under said will, and the whole

matter being duly explained to her and her interest under the

will and acccording to law in case she chose not to take under

the will according to the terms thereof and not according to

law only. Thereupon letters of administration

with the will annexed were granted to the widow Mary B.

McCutcheon who gave bonds in the sum of $5000. as the res-

=iduary legatee to pay all debts and legacies with Daniel

Sheets and Dorothea Garvin as her sureties (Letter etc issued)

T. W. Powell

Probate Judge


Copy of the Will


In the name of the Benevolent Father of All

I Hodge McCutcheon of Eden Delaware County Ohio do make

and publish this my last will and testament

Item 1st I give and devise to my beloved wife the three

town lots with all the appurtenances thereunto belonging on which

we now reside in the village of Eden Also ten and one fourth

acres of land in lot No. 27. Section 1. Township No. 5. and range

No. 18. in Brown Township Delaware County Ohio and also

all the stock moneys and effects that I am now possessed

(Except one thousand dollars which is disposed of in Item 2nd

which will be about $(4000) four thousand dollars in personal

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 451)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 451)

Description

[page 451]

[corresponds to labeled page 419 of Will Record Vol. 4 1859 - 1869]

419

Record of the last will and testament of Hodge McCutcheon


property for my said wife

Item 2nd I devise and bequeath to Theodore J. Mosher

and Darthula Amanda Garvin each the sum of five hundred

dollars. They are however to pay out of said money equally

all my funeral expenses

In testimony hereof I have hereunto set my

hand and seal this first day of October A.D. 1868

his

Hodge X McCutcheon

mark {Seal}


Signed and acknowledged

by said Hodge McCutcheon

as his last will and testament

in our presence and signed by

us in his presence

Wm. Williams

Daniel Sheets


The State of Ohio }

Delaware County SS }

In the matter of the last will and testament of

Hodge McCutcheon late of Brown Township of this County

deceased

We William Williams and Daniel Sheets being duly

sworn in open court this 19th day of December A.D. 1868

depose and say that we were present at the execution

of the last will and testament of Hodge McCutcheon

of Brown Township hereunto annexed bearng date the

first day of October 1868 that we saw the said testator sub=

scribe said will and heard him publish and declare the same

to be his last will and testament and that the said testator

at the time of executing the same was of full age and of

sound mind and memory and not under any restraint

and that we signed the same as witnesses at his request and

in his presence and in the presence of each other

Wm. Williams

Danl. Sheets

Sworn to and subscribed before me in the Probate

Court this 19th day of December A.D. 1868

T. W. Powell

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 452)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 452)

Description

[page 452]

[corresponds to labeled page 420 of Will Record Vol. 4 1859 - 1869]

420

Record of the last will and testament of Marcus Curtiss


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio

at his office in Delaware O

The following is a copy of the Journal Entry to wit.

December 5th 1868

Will and estate of Marcus Curtiss decd

This day the last will and testament of Marcus Curtiss

decd late of Genoa Township in this county was presented

to the court for probate and record. Thereupon Jefferson P.

Mainard and Ezekiel Brown the two subscribing witnesses to

the said will came into Court and were duly sworn and

examined and their testimony reduced to writing annexed to

and filed with said will, and it appearing to the Court

that the said will was duly executed and attested, and that

the testator at the time of executing the same was of full age

and of sound mind and memory and not under any restraint

Thereupon on consideration the Court orders that the said

will be admitted to probate as duly proved as the last will

and testament of the said Marcus Curtiss decd. and ordered

to be recorded as such

Thereupon letters testamentary were granted and issued

to Leonard Curtiss Henry Curtiss and Newell Curtiss the

executors named in said will who gave bonds in the sum of

$6000. with Jefferson P. Maynard and Ezekiel Brown as

their sureties. The Court appoint Jay Dyer Roswell Cook

and Nathan Dustin appraisers of the estate

- Letters etc issued - T. W. Powell

Probate Judge


Copy of the Will

Galena Delaware County Ohio

Nov. 1st 1868

In the name of the Benevolent Father of All

I Marcus Curtiss of Galena Delaware County and State of Ohio

do make and publish this my last will and testament

First. It is my will that my just debts and funeral

expenses be fully paid

Second I give devise and bequeath to my beloved wife

Caty Curtiss her just and legal dower in my real and

personal estate

Third I give and devise to the heirs of my oldest son

Augustus Curtiss deceased two hundred dollars ($200) less

of my real and personal estate which amount their Father

has already received and to my second son Leonard Curtiss

Two hundred and fifty dollars ($250) less as aforesaid which

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 453)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 453)

Description

[page 453]

[corresponds to labeled page 421 of Will Record Vol. 4 1859 - 1869]

421

Record of the last will and testament of Marcus Curtiss


since he has received and to my third son Henry Curtiss

I will One thousand and one hundred and twenty dollars

($1120.00) less of my real and personal estate as aforesaid

which amount has been paid to him in a farm in Radnor

township Delaware County Ohio and to my fourth son

Charles Curtiss I give and bequeath Four hundred dollars ($400)

less as aforesaid which amount he has received in payment

of land in Radnor Township Delaware County Ohio and it

is my further will and pleasure that the above mentioned

claims and bequests be settled without computing the interest

thereon

Fourth I further give devise and bequeath to my oldest

daughter Emily Curtiss six hundred dollars $600 in money the

use and occupancy of one third (1/3) of the house in which I now

live during her natural life also two beds bedsteads and

beddings complete and the Beaureau which she usually occu=

=pies.

Fifth To the heirs of my second daughter Mary Keely decd.

I give devise and bequeath two hundred dollars to be equally

divided among said heirs and to the youngest of said heirs

Lucy Keeler I give and devise an additional sum of one

hundred dollars ($100.)

Sixth To my third daughter Rachael Rugg I give and

bequeath two hundred dollars $200, and that parcel of land

lying and being in Berkshire Township Delaware County

Ohio in Range seventeen (17) Township 4 section (4) said to

contain eight and 68/100 acres more or less reference being had

to the deed from C. W. Rugg and wife to Marcus Curtiss

which is on record in the proper office (Feby 17th 1860) volume 44

of deeds page 490 these last bequests being made to my daughter

Rachael Rugg for her and her heirs especial benefit

Seventh It is further my will that after the bequests to my

daughters and their heirs as above mentioned shall have been paid

that all the remaining property both personal and real belonging

to my estate be divided equally among my four sons or their

heirs taking into consideration the amounts specified above

that each have received

And lastly I hereby appoint and constitute my two oldest

sons Leonard Curtiss and Henry Curtiss and my grandson Newell

Curtiss my executors for this my last will and testament

revoking and annulling all former wills by me made and

ratifying and confirming this and no other to be my last will

and testament

In witness whereof I have hereunto set my hand and seal

this first day of November in the year of our Lord one thousand

eight hundred and sixty six Signed and acknowledged by the

said Marcus Curtiss as his last will & testament in our presence and

sig
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 454)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 454)

Description

[page 454]

[corresponds to labeled page 422 of Will Record Vol. 4 1859 - 1869]

422

Record of the last will and testament of Marcus Curtiss


signed by us as witnesses in his presence

{ J. P. Maynard Marcus Curtiss {Seal}

witnesses { E. Brown

{ W. P. Boyd


The State of Ohio }

Delaware County SS }

In the matter of the last will and testament of Marcus

Curtiss late of Geneo Township deceased

We Jefferson P. Maynard and Ezekiel Brown being

duly sworn in open court this 5th day of December A.D. 1868

depose and say that we were present at the execution of the last

will and testament of Marcus Curtiss of Genoa Township hereto

annexed: that we saw the said testator subscribe said will and

heard him publish the same to be his last will and testament

and that the said testator at the time of executing the same was

of full age and of sound mind and memory and not under

any restraint and that we signed the same as witnesses at

his request and in his presence and in the presence of each

other

J. P. Maynard

E. Brown

Sworn to and subscribed before me in the Probate

Court this 5th day of December A.D. 1868

T. W. Powell

Probate Judge


Last will and testament of Henry Gregg deceased


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State

of Ohio at his office in Delaware Ohio

The following is a copy of the Journal entry to wit.


November 25th 1868


On this day the last will and testament of Henry Gregg

late of Berkshire in this County Deceased was presented to

the court for Probate and record Thereupon Amos Utley

and James Lampman the two subscribing witnesses to said will

came into court and were duly sworn and examined and

their testimony reduced and filed therewith. And it appearing

to the court that the said will was duly executed and attested

and that the testator at the time of executing the same was

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 455)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 455)

Description

[page 455]

[corresponds to labeled page 423 of Will Record Vol. 4 1859 - 1869]

423

Record of the last will and testament of Henry Gregg


of full age and sound mind and memory and not under

restraint. Thereupon the Court on consideration orders

that the said will be admitted to probate as duly proved

as the last will and testament of the said Henry Gregg deceased

and ordered to be recorded as such.

Thereupon Lydia A. Gregg the widow declined to act

as executrix and asked for letters of administration: the said

Lydia A Gregg was so appointed administratrix with the will annex=

=ed of the said estate who thereupon gave bonds in the sum of

$2000. with Wm P. Reed and James R. Hubbell as sureties. The

Court appoint Amos Utley James Lampman and John Mead

appraisers of the said estate

(Letters etc issued) T. W. Powell

Probate Judge


Copy of the Will


In the name of the Benevolent Father of all

I Henry Gregg of Berkshire Township Delaware County

and State of Ohio do make and publish this my last will

and testament in manner and form following to wit.

Item 1st I give and devise to my beloved wife the use

of all my real and personal property so long as she shall

remain my widow after paying the funeral expenses and the

furnishing a plain decent marble gravestone and the pay=

ment of my debts which are trifling she is to sell any

of the personal property at private sale for the purpose of

paying the above demands

Item 2nd I give and bequeath to my son John H. Gregg

and to my daughter Mary Frances Gregg each one hundred

dollars out of my real estate. when she ceases to be my

widow or at her decease what shall remain of the and

personal property and the real estate to be equally divided

between my three children Martha E. John H. and Mary

Frances Gregg and their heirs in case all the above named

children shall die without heirs then the one equal half

of my real estate is given to wife the balance to my brothers

and sisters it is my wish that in case my daughters or either

of them is desirous selling their share of the Real Estate

my son John H. is to have the preference in buying the same

at its worth

Signed and acknowledged by said Henry Gregg as his

last will and testament in our presence and signed by us in

his presence Berkshire March 16th 1867

Amos Utley Henry Gregg {Seal}

James Lampman

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 456)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 456)

Description

[page 456]

[corresponds to labeled page 424 of Will Record Vol. 4 1859 - 1969]

424

Record of the last will and testament of Henry Gregg


The State of Ohio }

Delaware County SS }

In the matter of the last will and testament of

Henry Gregg late of Berkshire Township deceased.

We Amos Utley and James Lampman being duly

sworn in open Court this 25th day of November 1868 depose

and say that we were present at the execution of the last will

and testament of Henry Gregg of Berkshire Township in this

county hereunto annexed bearing date the 16th day of March

1867 that we saw said testator subscribe said will and heard

him publish the same to be his last will and testament and

that the said testator at the time of executing the same was

of full age and of sound mind and memory and not under

any restraint and that we signed the same as witnesses at

his request and in his presence and in the presence of

each other

Amos Utley

James Lampman

Sworn to and subscribed before me in Probate

Court this 25th day of November A.D. 1868

T. W. Powell

Probate Judge


Record of the last will of Isabela Benton deceased


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of

Ohio at his office in Delaware Ohio.

The following is a copy of the Journal entry to wit.

November 21st 1868

Will and estate of Isabella Benton deceased

This day the last will and testament of Isabella Benton late

of Concord Township deceased was presented for probate and

record thereupon William H. Duckworth and Eli Myers the

two subscribing witnesses came into Court and were duly

sworn and examined and their testimony reduced to writing

annexed to the said will and filed therewith: and it appearing

to the Court that the said will was duly executed and attes=

=ted and that the testatrix at the time of executing the same

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 457)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 457)

Description

[page 457]

[corresponds to labeled page 425 of Will Record Vol. 4 1859 - 1869]

425

Record of the last will and testament of Isabella Benton


was of full age and sound mind and memory and not under

any restraint. Thereupon in consideration the Court orders

that the said will be admitted to probate as duly proved as

the last will and testament of the said Isabella Benton decd

and ordered to be recorded as such

(No letters issued) T. W. Powell

Probate Judge


Copy of the Will

In the name of the Benevolent Father of all, I Isabella

Benton of Concord Township Delaware County Ohio do

make and publish this my last will and testament

Item 1st I give and devise to my beloved husband Merlin

Benton all my real estate situated in Jerome Township

Union County Ohio containing about thirty acres to have

during his lifetime

Item 2nd I devise and bequeath to my beloved husband

Merlin Benton all my personal property except one cow, bed

and bedding

Item 3rd I devise and bequeath to my neice Eliza Jane

Custard one bed and bedding also at the death of my husband

one fourth of my real estate

Item 4th I devise and bequeath to my brother Robert

Norris one cow

Item 5th At the death of my husband Merlin Benton

I devise and bequeath to my neice Rhoda Jane Picket one fourth

of my real estate

Item 6th At the death of my husband Merlin Benton I

devise and bequeath the [remaining one fourth of my real

estate: to my nephew John W. Norris one fourth of my

real estate

Item 7th At the death of my husband Merlin Benton

I devise and bequeath to my the remaining one fourth of

my real estate to my nephew and neice John Edgar Harriet

and Sarah Isabella Harriet to be divided equally between

them

Item 8th I do hereby nominate and appoint my husband

Merlin Benton my executor of this my last will and testament

In testimony hereof I have hereunto set my hand

and seal this the 20th day of April in the year 1868

Isabella Benton {Seal}

Signed and acknowledged by said

Isabella Benton as her last will

and testament in our presence and

signed by us in her presence

Wm H. Duckworth

Eli Myers

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 458)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 458)

Description

[page 458]

[corresponds to labeled page 426 of Will Record Vol. 4 1859 - 1869]

426

Record of the last will and testament of Isabella Benton


The State of Ohio }

Delaware County SS }

In the matter of the last will and testament of Isabella

Benton late of Concord Township deceased

We William H. Duckworth and Eli Myers being

duly sworn in open court this 21st day of November A.D. 1868

depose and say that we were present at the execution of the

last will and testament of Isabella Benton of Concord Town=

=ship hereto annexed. that we saw the said testatrix subscribe

said will and heard her publish and declare the same to be

her last will and testament and that the said testatrix

at the time of executing the same was of full age and

of sound mind and memory and not under any restraint

and that we signed the same as witnesses in her presence

at her request and in the presence of each other

Wm H. Duckworth

Eli Myers

Sworn to and subscribed before me in the Probate

Court this 21st day of November A.D. 1868

T. W. Powell

Probate Judge


Record of the last will and testament of David Geary


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio at

his office in Delaware Ohio

The following is a copy of the Journal entry to wit


November 14th 1868


Will and estate of David Geary deceased

This day the last will and testament of David Geary

late of Berlin Township of this County deceased was presented

to the Court for proof probate and record

Thereupon George Gregory and Nirum Gregory the two sub-

=scribing witnesses to said will appeared in Court and being

duly sworn and examined and their testimony reduced to

writing annexed to the will and filed therewith and it appearing

to the Court that the said will was duly executed and attested
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 459)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 459)

Description

[page 459]

[corresponds to labeled page 427 of Will Record Vol. 4 1859 - 1969]

427

Record of the last will and testament of David Geary


and that the testator at the time of executing the same was

of full age and sound mind and memory and not under

restraint: Thereupon the Court upon consideration thereof

orders that the said will be admitted to probate as duly

proved as the last will and testament of the said David

Geary deceased and ordered to be recorded as such

(No letters issued) Thereupon Mrs. Helen Geary

the widow appeared in Court to make her election under

the will and being fully informed of her rights & interests

etc upon consideration she did declare her choice and

election to be to take under the said will according to the

terms thereof

T. W. Powell

Probate Judge


Copy of the will


I David Geary of Berlin County of Delaware State

of Ohio do make and publish this my last will and testament

Item 1st I give and devise to my beloved wife Helen

in lieu of her dower, the farm on which we now reside situate

in Berlin Township, County of Delaware State of Ohio

containing fifteen acres more or less during her natural

life or so long as she shall remain my widow and all the

stock household goods furniture provisions and other goods

and chattels which may be thereon and all moneys and credits,

except, I devise and bequeath to my four oldest children,

John Geary, Morris Geary, David Geary and Mary Geary the

sum of five dollars each; my wife shall sell so much

thereof as may be sufficient to pay my funeral charges and

just debts

Item 2nd At the death of my said wife or her intermarriage

again the real estate aforesaid I give and devise to my

youngest son Patrick Geary on which we now live as afore-

=said

Item 3rd I do hereby nominate and appoint my wife

Helen executrix of this my last will and testament etc

Item 4th I desire that no appraisment and no sale

of my personal property be made, and that the Court of

Probate direct the omission of the same in pursuance of

the statute

Item 5th I do hereby revoke all former wills or will by

me made In testimony hereof I have hereunto set my

hand and seal this twenty eighth day of September in

the year of Our Lord eighteen hundred and sixty eight

his

David X Geary

mark
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 460)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 460)

Description

[page 460]

[corresponds to labeled page 428 of Will Record Vol. 4 1859 - 1869]

428

Record of the last will and testament of David Geary


Signed and acknolwedged by

David Geary as his last

will and testament in our

presence and signed by us

in his presence

George Gregory

Nirum Gregory

State of Ohio }

Delaware County SS }

In the matter of the last will and testament of David

Geary late of Berlin Township in the County deceased.

We George Gregory and Nirum Gregory being duly sworn

in open court this 14th day of November A.D. 1868 depose and

say that we were present at the execution of the last will and

testament of David Geary of Berlin Township hereunto annexed

bearing date the twenty eighth day of September 1868: that

we saw the said testator subscribe said will and heard him

publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same was

of full age, and of sound mind and memory and not under

any restraint and that we signed the same as witnesses in his

presence and at his request and in the presence of each other

George Gregory

Nirum Gregory


Sworn to and subscribed before me, in the Probate

Court this 14th day of November A.D. 1868

T. W. Powell

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 461)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 461)

Description

[page 461]

[corresponds to labeled page 429 of Will Record Vol. 4 1859 - 1869]

429

Record of the last will and testament of James Roff Dec'd


Proceedings had before Thomas W. Powell Probate Judge in and

for the County of Delaware and State of Ohio, at his office in

Delaware Ohio: the following is a copy of the Journal Entry to

wit.

February 4th 1869

Will and Estate of James Roff deceased

On this day the, On the 18th day of September 1868 the

last will and testament of James Roff of Berkshire in this County

late deceased, was presented and filed for Probate and record, and

the testimony of George W. Wells one of the witnesses thereto being then

taken and the matter then continued for the testimony of the other

witnesses Thereupon on motion George W. Wells was appointed

administrator on the said estate and was qualified as such. And

afterward on the 28th day of October 1868, the testimony of Clark W.

Wells the other witness. And the witnesses having been duly sworn

and examined and their testimony having been reduced to writing

and annexed to and filed with the will, and the Court now upon

consideration find that the said will was duly executed and attested

and that the said testator at the time of executing the same was of

full age and of sound mind and memory and not under any restraint:

it is therefore ordered that said will be admitted to probate as the

last will and testament of said James Roff decd, and be recorded as

such. And that said George W. Wells act as administrator

with the will annexed

T. W. Powell

Probate Judge


Copy of the will


In the name of the Benevolent Father of all

I James Roff of Delaware County State of Ohio and in Genoa

Township Do make and publish this my last will and testament

Item 1st I give and devise to my beloved wife in lieu of her

dower the farm on which we now reside situate in Genoa

Township Delaware County Ohio containing about sixteen acres

during her natural life or so long as she remains my widow and

all the stock household goods, furniture provisions and other goods

and chattels which may be thereon at the time of my decease during

her natural life as aforesaid, she however selling so much

thereof as may be sufficient to pay my just debts. At the

death of my said wife or as long as she remain my widow the

real estate aforesaid and such part of the said personal property

or the proceeds thereof as may then remain unconsumed and

unexpended I give and divide equally to my lawful heirs

Item 2nd I do hereby nominate and appoint G. W. Wells

executor of this my last will and testament hereby authorizing

and empowering him to compromize adjust and release and discharge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 462)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 462)

Description

[page 462]

[corresponds to labeled page 430 of Will Record Vol. 4 1859 - 1869]

430

Last will and testament of James Ross deceased


in such manner as he may deem proper the debts and claims

due me I do also authorize and empower him if it shall become

necessary in order to pay my debts to sell by private sale or

in such manner upon such terms of credit or otherwise as he may

think proper all or any part of my Real Estate and Deeds purchasers

execute acknowledge and deliver in fee simple I do hereby revoke

all former wills by me made In testimony whereof I have

hereunto set my hand and seal this 13th day of April 1866

James Roff {Seal}

Signed and acknowledged by said

James Roff as his last will and

testament in our presence and signed

by us in his presence

M. M. Weeks

C. W. Wells

G. W. Wells


The State of Ohio Delaware County SS.

In the matter of the last will and testament of James Roff

formerly of Genoa Township late of Berkshire Township in this County

We Clark W. Wells and George W. Wells being duly sworn in

open Court this 28th day of December A.D. 1868 depose and say that we

were present at the execution of the last will and testament of James

Roff of Genoa in this County hereunto annexed, bearing date 13th day of

April 1864, that we saw said testator subscribe said will and heard him

publish and declare the same to be his last will and testament and that

the the said testator at the time of executing the same was of full age

and of sound mind and memory and not under any restraint and

that we signed the same as witnesses at his request and in his presence

and in the presence of each other

G. W. Wells

Clark W. Wells


Sworn to and subscribed before me in the Probate Court this 28th

day of December A.D. 1868

` T. W. Powell

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 463)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 463)

Description

[page 463]

[corresponds to labeled page 431 of Will Record Vol. 4 1859 - 1869]

431

Last will and testament of Rulif Adams Decd


Proceedings had before Thomas W. Powell Judge of the Probate Court

in and for the County of Delaware and State of Ohio at his office in

Delaware Ohio - The following is a copy of the Journal Entry to wit:


January 23rd 1869 Will and estate of Rulif Adams decd

This day the last will and testament of Rulif Adams late of

Harlem Township in this County deceased, was presented to the Court for

Probate and Record. Thereupon John H. Willison and John Q. Adams

the two subscribing witnesses to the will came into Court and were duly

sworn and examined and their testimony reduced to writing and annex=

ed to the will and filed therewith. On consideration thereof the Court

finds that the said will was duly executed and attested and that the

said testator at the time of executing the same was of full age and

sound mind and memory and not under any restraint

Thereupon it is ordered that the said will be admitted to Probate

as duly proved as the last will and testament of the said Rulif Adams

deceased and ordered to be recorded as such

Thereupon letters of administration with the will annexed were

granted to Byron Jenkins and John Q. Adams to settle the said estate

in accordance with the said will, who gave bonds in the sum of

$4000 with William Adams and John H. Willison their sureties

The Court appointed John Cook James Cockrell and William L

Smith appraisers of said estate (Letters etc issued)

T. W. Powell

Probate Judge


Copy of the will


In the name of the Father of all

I Rulif Adams of Harlem Township Delaware County and State

of Ohio Do make and publish my last will and testament

Item 1st I devise and bequeath to my oldest son William

Adams so much of my land as I shall describe as follows commencing

at the South East Corner of the place I now live on and running North

along the centre of the County roads to the orchard fence on the North

bank of the river thence due west to F. H. Merritts land thence South

as far as my land runs thence East to the place of beginning containing

more or less

Item 2nd I devise and bequeath to my son F Rulif Fisher Adams all

of that parcel of land being on the east side of the county rode that I

Bot. of Samuel Jones and now own being the same more or less

Item 3rd I devise and bequeath to my son Ziba Adams all of

that parcel of land that I bought of Joseph Linebery Lieing on the

North side of the farm I now live on be the same more or less

Item 4th I devise and bequeath to my son Evi Adams and his

heirs so much of the balance of the of the farm that I now live on

as I shall describe being the South Side of the farm commencing
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 464)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 464)

Description

[page 464]

[corresponds to labeled page 432 of Will Record Vol. 4 1859 - 1869]

432

Last will and testament of Rulif Adams Deceased


at the South East corner of the orchard fence on the bank of the run

at the corner of William Land that I have described above and running

north along the county road far enough to take in the house

that Evy Adams now lives in running due west clost to the corn cribs

till you strike the centre of a small run that runs through the

place thence running along the center of said run to the west

line of my place

Item 5th I devise and bequeath to my daughter Clarinda

Hubbell and her heirs all the balance of the farm that I now live

on being the north side of the farm to have and to hold said

premises during her natural life and if the said Clarinda

Hubbell should die leaving no heirs then the above land to be

equally divided between her brothers and sisters further Clarinda

Hubbell is to have an equal use of the barn and barn yard with

Evi Adams so long as she shall want it.

Item 6th I devise and bequeath to my three daughters

Lucinda Jenkins and Clarinda Hubbell and Lisibeth A. Edwards

their heirs all of the balance of my loose property after paying all

debts and claims against me

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand and

seal this 20th day of August 1866

Rulif Adams {Seal}

Signed and acknowledged by

Rulif Adams as his last will

and testament in our presence

and signed by us in his presence

John H. Willison

John Q. Adams


{ State of Ohio }

{ Delaware County SS }

In the matter of the last will and testament of Rulif

Adams late of Harlem Township in this County deceased

We John H. Willison and John Q. Adams being duly

sworn in open court this 23rd day of January A.D. 1869 depose and say

that we were present at the execution of the last will and testament

of Rulif Adams of Harlem Township in this County hereunto annexed

bearing date 20th of August 1866 that we saw said testator subscribe

said will and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time of

executing the same was of full age and of sound mind and memory

and not under any restraint and that we signed the same as witnesses

in his presence and at his request and in the presence of each other

J. H. Willison

John Q. Adams

Sworn to and subscribed before me in the Probate Court this

23rd day of January A.D. 1869 T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 465)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 465)

Description

[page 465]

[corresponds to labeled page 433 of Will Record Vol. 4 1859 - 1869]

433

Last will and testament of Mrs. Comfort Harrison


Proceedings had before Thomas W. Powell Probate Judge in and

for Delaware County and State of Ohio at his office in Delaware

Ohio: the following is a copy of the Journal entry to wit:


February 2nd 1869

Will and estate of Mrs. Comfort Harrison decd

On this day the last will and testament of Mrs. Comfort

Harrison of Delaware in the County was presented to the Court

for Probate and record Thereupon personally came into

Court. Charles Stenbeck and Arentha Stenbeck the two subscribing

to the said will who being duly sworn and examined and their tes-

timony reduced to writing and annexed to the will and filed therewith

and the Court thereupon finds that the said will was duly executed

and attested and that the said testatrix at the time of executing the

same was of full age and of sound mind and memory and not under

any control or restraint, it is therefore ordered that the said will be

admitted to probate as the last will and testament of the said

Comfort Harrison decd. and ordered to be recorded as such

Thereupon letters testamentary were issued on the said will to

William M. Chandler and Charles Stenbeck as the executors named

in the said will who gave bonds in the sum of 2000.$ with

Augustus A. Welsh and Enos W. Little as their sureties and the

Court appoint Jonathan Dunham Henton Tallman and John

Wolfley appraisers of said estate (Letters etc issued)

T. W. Powell Probate Judge


Copy of the will

In the name of God amen

I Comfort Harrison of the County of Delaware and State

of Ohio do make and publish this my last will and testament

to wit:

First It is my will that my debts be paid and suitable

tombstones placed at my own grave and that of my first husband

Stephen Chandler by my Executors to be paid out of my moneys

and credits

Second I give unto my son William M. Chandler my

Brass clock and his Fathers picture now in the house

third I give unto my daughter Mary G. Thrall all the

remainder of my household furniture beds bedding and all

my wearing apparrel

Fourth It is my will that all my moneys and credits

together with my personal property other than above mentioned be

disposed of as follows. the one half to the children of my son William

M. Chandler and the one half to the children of my daughter Mary

G. Thrall to be paid by my executors as they arrive at age with

interest and to be equally divided among between the above mentioned
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 466)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 466)

Description

[page 466]

[corresponds to labeled page 434 of Will Record Vol. 4 1859 - 1869]

434

Last will and testament of Mrs. Comfort Harrison


children

Fifth I hereby constitute and appoint my son William

M. Chandler and Charles Stenbeck executors to this my last

will and testament. In witness whereof I have hereunto

set my hand and seal this thirteenth day of March one

thousand eight hundred and sixty seven

Comfort Harrison {Seal}

Signed Sealed and published

by the said Comfort Harrison

to be her last will and testament

in presence of us

Charles Stenbeck

Asenath Stenbeck


{ The State of Ohio }

{ Delaware County SS }


In the matter of the last will and testament of Comfort

Harrison late of Delaware Township in this County deceased

We Charles Stenbeck and Asenath Stenbeck being duly

sworn in open court this 2nd day of February A.D. 1869, depose &

say that we were present at the execution of the last will and testament

of Comfort Harrison of Delaware Ohio hereunto annexed bearing

date the 13th day of March 1867 that we saw the said testatrix

subscribe said will and heard her publish and declare the same

to be her last will and testament, and that the said testatrix at

the time of executing the same was of full age and sound mind

and memory and not under any restraint and that we signed

the same at her request and in her presence and in the presence

of each other Charles Stenbeck

Asenath Stenbeck

Sworn to and subscribed before me in the Probate

Court this 2nd day of February A.D. 1869.

T. W. Powell

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 467)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 467)

Description

[page 467]

[corresponds to labeled page 435 of Will Record Vol. 4 1859 - 1869]

435

Record of the verbal will of Ephriam Sailsbury decd.


Proceedings had before Thomas W. Powell Probate Judge in

and for the County of Delaware and State of Ohio at his office

in Delaware Ohio The following is a copy of the Journal

entry to wit.

February 13th 1869.

Will and Estate of Ephriam Sailsbury deceased

This day the verbal will (now reduced to writing) of Ephriam

Sailsbury late of Troy Township deceased was produced in Court

for Probate and record. Thereupon Lemuel Stoughton, James

Cox and Ephriam Willey witnesses to the verbal will of the

said Ephriam Sailsbury deceased came into Court and

were duly sworn and examined and their testimony reduced

to writing and now annexed to the said will as reduced to writing

and filed therewith: And it appearing to the Court that upon the

8th day of February instant that the said Ephraim Sailsbury

made his verbal will and it further appears and proved by

the testimony of the said witnesses that they were then called

upon by the said Ephriam Sailsbury in his presence and in the

presence of each other at his residence in Troy Township in

this county during his last sickness to bear testimony to his

testamentary words as his last will; and that the said testator

was then of sound mind and memory and not under any restraint

It further appears that the said testator died on the next day to

wit; the 9th day of the present month; and that the said will was

reduced to writing on this day by the Judge of this Court at the

instance of the said witnesses and by them subscribed and

now here presented as the said will. Thereupon the Court upon

consideration thereof orders, that the said will be admitted to probate

as duly proved as the verbal or nuncupative will of the said

Ephriam Sailsbury decd; and ordered to be recorded as such

Thereupon upon motion of the widow James Cox was appointed

administrator of the said Estate of the said Ephriam Sailsbury

decd. with the said will annexed who gave bond in the sum of

15000.$. with Robert M. Pool. Lemuel Staughton Ephriam Willey

and William P. Jones his sureties and the court appoint George

Wolfley Lemuel Staughton and Ephriam Willey appraisers of the

said estate

(Letters & papers issued)

T. W. Powell

Probate Judge


Copy of the will as reduced to writing


The undersigned Lemuel Stoughton James Cox and Ephriam

Willey were on the 8th day of the present month at the residence

of Ephriam Sailsbury in Troy Township in this County who was

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 468)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 468)

Description

[page 468]

[corresponds to labeled page 436 of Will Record Vol. 4 1859 - 1869]

436


Last Will of Ephriam Sailsbury deceased


then in his last sickness and who has since departed this life on the

ninth day of this month being the on next day; that while being then

and there on the said 8th day the said Ephriam Sailsbury then

declared in the presence of these witnesses that he desired to make

his last will and called upon them to witness what his will was

He thereupon declared that it was his will and desire as follows;

as his verbal will, to wit:

1st That Lafayette his oldest son had received his share

of his estate in the purchase of a lot of land some years since and

had deeded to his said son Lafayette amounting to two thousand

dollars. (This was only intended to make his two sons equal and

not to affect any residue). And it was his will and desire that

his second son James A Sailsbury should be paid out of his

estate two thousand and fifty dollars in order to make his share

equal to Lafayette

2nd He next willed and desired that his debts and funeral

expenses be paid out of the payment to be made this coming

Spring due on the recent sale of his farm

3rd It was his will and bequest that there should be

paid to his wife in lieu of her dower the sum of three thousand

dollars to be used and kept by her during her life time or so long

as she remained his widow and whenever she died or married

again he desired the principal to return to his estate for the benefit

of his heirs

4th It was his will and bequest that there should be paid

to the three children of his daughter Eunice Stiles each the

sum of fifty dollars to be paid out of the interest to be

paid his estate on the last payment due on the sale of his

farm and this was all he intended for this daughter.

5th It was his will and bequest that there should be paid to

his youngest daughter Sarah Aigen the sum of two thousand

dollars in case the estate holds out to do so and if it did not

hold out to that sum she was to receive the residue which he

hoped would amount to one thousand dollars at least

6th It was his will and bequest that all his household

furniture should all go to his wife.

7th It was his will and bequest that James Cox

should be the executor of this his will which was then and there

made by the said Ephriam Sailsbury in our presence and

then requested us to take notice that that was his will as aforesaid

Witness our hands this 13th day of February 1869

Samuel Stoughton

James Cox

Ephraim Willey
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 469)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 469)

Description

[page 469]

[corresponds to labeled page 437 of Will Record Vol. 4 1859 - 1869]

437

Last will of Ephriam Sailsbury decd


In the Probate Court { The State of Ohio

{ Delaware County SS

The undersigned Lemuel Stoughton James Cox

and Ephriam Willey the above named witnesses being duly

Sworn in open Court on this 13th day of February 1869

depose and say that on the 8th day of the present month

the said Ephriam Sailsbury at his own residence called

on these witnesses to notice what his ^verbal will was and then

stated his will to be just as the same is now reduced to

writing as above stated. The said Ephraim was then

in his last sickness and died on the next day

The said Ephriam Sailsbury was then about fifty

five years of age in his full mind and memory and not

under any restraint The said will was reduced to wri=

ting on this day by the Probate Judge within ten days of speaking

the said verbal will

Lemuel Stoughton

James Cox

Ephriam Willey


Subscribed and sworn to before me this 13th day

of February 1869.

T. W. Powell

Probate Judge

____________________________


Record of the Last Will of Sabeers Main decd


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for Delaware County on the 18th day of March A.D.

1869, at his office in the Town of Delaware Ohio SS

The following is the Journal Entry to wit: -

Will and Estate of Sabeers Main deceased

On this day the last will and testament of Sabeers Main

late of Troy Township in this County was presented to the Court

for probate and record. Thereupon Silas H. Drummond and

Lemuel Drummond the two subscribing witnesses to the said

will came into Court and were duly sworn and examined and

their testimony reduced to writing and annexed to the said will

and it appearing to the Court that the said will was duly executed

and attested, and that the said testator at the time of the execution

thereof was of full age and of sound mind and memory and

not under any restraint, it is therefore ordered that the said

will be admitted to probate and record as duly proved as the

last will and testament of the said Sabeers Main dec'd, and it

is ordered to be recorded as such

Thereupon Jonas Main the Executor named in the will
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 470)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 470)

Description

[page 470]

[corresponds to labeled page 438 of Will Record Vol. 4 1859 - 1869]

438

Record of the Last will of Sabeers Main deceased


came and qualified himself as such Executor and gave bonds

in the sum of $8000, with Nehemiah Martin and John Veley his

sureties (Letters etc issued)

T. W. Powell

Probate Judge


(Copy of Will)

In the Name of the Benevolent Father of all!

I Sabeers Main of the County of Delaware and State of

Ohio being in good health and of sound mind and memory calling

into mind the mortality of my body and knowing that it is appoi=

nted for man once to die therefore I make and publish this my

last will and testament.

Item 1st I hereby ratify and confirm the sale made between me

and my son Jonas Main, to the farm on which I now live: it being

and situate in the County of Delaware and State of Ohio, and in

Range Nineteen (19) Township Five (5) and Section one (1) for which

he is to pay the sum of Four Thousand Dollars as herein set

forth and for which I hold his notes as followeth, to wit: - to the

Heirs of my son Jas Main decd Three hundred Dollars, to my

son Jonas Main Seven hundred Dollars, to my daughter Hannah

Moses Five hundred and fifty Dollars, to my son John Main

Seven hundred Dollars, to my son Andrew Main Three hundred

and fifty Dollars, to my son Isaac Main Three hundred and

fifty Dollars, to my daughter Rebecca McMasters Five hundred

and twenty five Dollars, and to my Daughter Sarah Ann Waters

Five hundred and twenty five Dollars.

Item 2nd I do hereby nominate and appoint my son Jonas

Main sole Executor of this my last will and testament to

make sale of such property as I may posess at the time

of my death and collict all moneys due (as to debts I owe

none) Pay the expense of my last sickness funeral expenses etc

and divide the sum left amongst the heirs he is not to retain

any share to himself, nor is he to receive any presents on the Four

thousand Dollars, that is his own debt to pay.

I do hereby revoke all former wills by me made

In testimony whereof I hereunto set my hand and seal this Eighth

day of October AD 1862

Signed sealed and acknowledged by said Sabeers Main

as his last will and testament in our presence and in the presence

of each other Sabeers Main {Seal}

Silas H Drummond

Lemuel Drummond { U S Stamps }

{ $2.50. TWP.}

{Copy of Testimony & record thereof}

The State of Ohio }

Delaware County SS } In the matter of the Last will and testament

of Sabeers Main late of Troy Township in this County deceased
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 471)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 471)

Description

[page 471]

[corresponds to labeled page 439 of Will Record Vol. 4 1859 - 1869]

439

Record of the Last Will etc of Major Mantor decd


We Silas H. Drummond and Lemuel Drummond being duly sworn

in open Court this 18th day of March AD 1869, depose and say that

we were present at the Execution of the Last will and testament of Sabeers

Main of Troy Township hearunto annexed, bearing date 8th day of

of October 1862; that we saw said testator subscribe said will and

heard him publish and declare the same to be his last will and

testament, and that the said testator, at the time of executing the same

was of full age and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses at his request

and in his presence and in the presence of each other

Silas H. Drummond

Lemuel Drummond

Sworn to and subscribed before me in Probate Court, this 18th day of

March AD 1869

T. W. Powell,

Probate Judge

_____________________

Record of Last Will of Major Mantor decd

Proceedings had before Thomas W Powell Judge of the Probate

Court in and for Delaware County and State of Ohio, at his

office in the Town of Delaware on the 30th day of March 1869.

The following is the Journal Entry to wit: -

Will and Estate of Major Mantor deceased

On the 24th day May AD 1867 the last will and testament

of Major Mantor late of Porter Township in this County deceased

was presented to this Court for Probate and record. Thereupon

Salmon P. Lott, and William Davy the two subscribing witnesses

to the said Will came into Court and were duly sworn and exam-

ined and their testimony reduced to writing and annexed to the

said will and filed therewith, Thereupon the same was reserved

under consideration until this day; and it now appearing that the

said will was duly executed and attested, and that the said

testator at the time of executing the same was of full age of sound

mind and memory, and not under any restraint; it is thereupon

ordered that the said will be admitted to probate and record as

duly proved as such last will and testament of the said Major

Mantor dec'd, and ordered to be recorded as such (no letters issued)

T. W. Powell

Probate Judge

(Copy of Will)

"Last Will and Testament of Major Mantor"

Porter, Delaware County and State of Ohio.

Know all men by these Presents that I Major Mantor

of the Township of Porter County and State aforesaid, do will

and bequeath all of my property Real and personal Estate that

I now hold and pocess and all that I ever expect to pocess

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 472)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 472)

Description

[page 472]

[corresponds to labeled page 440 of Will Record Vol. 4 1859 - 1869]

440

Record of Last Will of Major Mantor deceased


to Lydia Manter, Ananias Mantor and James Jefferson Mantor

that the said Lydia Mantor is to hold her thirds as long as

she remains my widow, in case that she should not out

live me then it is to go to Ananias Mantor and James Jeff=

erson Mantor at my death and in case she out lives me at

Marage or Death it is to go to the two Boys above mentioned

and in case of either of their deaths it is to go to the surviving Boy

My other 4 Boys David Mantor, Walter Mantor, John Mantor

and William Mantor having had more their share already

in Cattle horses time and money - this is ^therefore forever to debar them

from having eney claim on my property personal or real what

I have now or ever may have during my natural life, and at my

death it is to be divided between the aforesaid Wife and Children

as directed, and I here appoint Lydia Mantor as my Admin-

-istratrix with the assistance of Ananias and Jefferson Mantor

to settle off in due form the property to be equally divided

between the two Boys James Jefferson Mantor and Ananias

Mantor to be divided by two disinterested men of their own choice

in case they cant agree, Signed this 27th day of September

1856 in a perfect state of mind calm and sain

Attest Major Mantor

Acknowledged in presence of }

Salmon P. Lott }

W. W. Davy }

(Copy of Testimony & record thereof)


The State of Ohio }

Delaware County SS } In the matter of the Last Will and testament

of Major Mantor late of Porter Township deceased

We Salmon P. Lott and William W. Davy being duly

sworn in open Court this 20th day of April AD 1867, depose and

say, that they were present at the Execution of the last will and

testament of Major Mantor of Porter Township in this County here=

to annexed: that we saw the said testator subscribe said will and

heard him publish and declare the same to be his last will and

testament, and that the said testator at the time of executing the same

was of full age and of sound mind and memory and not under any

restraint and that we signed the same as witnesses in his presence

and in the presence of each other

L. P. Lott

W. W. Davy

Sworn to and subscribed before me in the Probate Court this 24th

day of May AD 1867

T W Powell

Probate Judge

_______________________________________
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 473)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 473)

Description

[page 473]

[corresponds to labeled page 441 of Will Record Vol. 4 1859 - 1869]

441

Record of Last Will of Sophronia Houseworth deceased


Proceedings had before Thomas W Powell Judge of the

Probate Court in and for Delaware County and State of Ohio

at his office in the town of Delaware on the 5th day of April

AD 1869

The folowing is the Journal Entry to wit: -

April 5th 1869

Will and Estate of Sophronia Houseworth decd

On this day the last will and Testament of Mrs. Sophronia

Houseworth late of Oxford Twp in this County was presented

to this Court for probate and record, And the same having been

duly proved here in open Court by the testimony of the two sub-

scribing witnesses Henry Coleman and Amasa Holt, whose

testimony was reduced to writing and filed with said will being

annexed thereto, It is ordered that said will be admitted to

probate and record is duly proved as the last will and

testament of Sophronia Houseworth deceased (No letters issued)

T.W. Powell

Probate Judge

The following is the will to wit: -

In the Name of the Benevolent Father of All!

I Sophronia Houseworth of Oxford Tp Delaware County

State of Ohio do make and publish this my last will and test=

ament

Item 1st I Give and devise to my son George Houseworth my

Clock and the cash that he now owes me amounting to about

Five Dollars ($5.00)

Item 2nd I give to my Daughter Melissa Smith my set of

Dishes and her indebtedness to me amounting to about Ten Dollars ($10)

Item 3rd I give to my Daughter Dorissa Houseworth my

Cow, all my bedding and House furnishing goods, and

the amounts of money due me from my creditors after my

indebitedness shall have been paid, and also all my bank

pension that is now and may become due and paid by the

Government of the US.

Item 4th I do hereby nominate and appoint Christopher Felkey

Executor of this my last will and testament, hereby authorizing

and empowering him to compromise adjust release and discharge

in such manner as he may deem proper the debts and claims due

me. In testimony hereof I have hereunto set my hand and seal

this 30th day of January in the year 1868

her

Sophronia X Houseworth

mark

Signed and acknowledge by said Sophronia Houseworth as

her last will and testament in our presence and signed

by us in her presence Henry Coleman

Amasa Holt

(over)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 474)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 474)

Description

[page 474]

[corresponds to labeled page 442 of Will Record Vol. 4 1859 - 1869]

442

Record of Last Will of Sophronia Houseworth decd


The State of Ohio }

Delaware County SS } In the matter of the Last Will and

Testament of Sophronia Houseworth late of Oxford Tp in

this County deceased

We Henry Coleman and Amasa Holt being duly

sworn in open Court this 5th day of April AD 1869, depose

and say that we were present at the execution of the last will

and testament of Sophronia Houseworth of Oxford Tp in this County

hereto annexed bearng date 30th day of January 1868, that we

saw the said testatrix subscribe the said will, and heard her

publish and declare the same to be her last will and testament

and that the said testatrix at the time of executing the same was of

full age, and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses at her

request in her presence and in the presence of each other

Henry Coleman

Amasa Holt

Sworn to and subscribed before me in the Probate Court this

5th day of April AD 1869

T. W. Powell

Probate Judge

_____________________________________


Record of Last Will of Mathew Bacom dec'd


Proceedings had before Thomas W Powell Judge of the Probate

Court in and for Delaware County and State of Ohio, at his

office in the Town of Delaware, on the 14th day of April AD

1869.

The following is the Journal Entry to wit: -

April 14th 1869

Estate of Mathew Bacom deceased

On this day the last will and testament of Mathew Bacom

late of Porter Township deceased was presented to this Court

for probate and record. Thereupon Edmond B Masher one

of the subscribing witnesses came into court and was duly sworn

and examined and his testimony reduced to writing and

annexed to the said will and filed therewith, And at the same

time the deposition of Harvey Haeslett to prove the death

and absence of the other witnesses to the said will, and it appearing

to the Court that the said will was duly executed and attested

and that the said testator at the time of executing the same

was of full age of sound mind and memory and not under

any restraint, it is ordered that the said will be admitted

to probate and record in said probate court as duly proved as

the last will and testament of Mathew Bacom deceased, and

ordered to be recorded as such

T W Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 475)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 475)

Description

[page 475]

[corresponds to labeled page 443 of Will Record Vol. 4 1859 - 1869]

443

Record of Last Will of Mathew Bacom deceased


(Copy of Will)

In the name of the Benevolent Father of all!

I Mathew Beacom Senior of the Township of Porter

County of Delaware and State of Ohio being of sound mind

and memory do make and publish this my last will and

Testament.

I give and bequeath to my Daughter Adella Beacom

Three hundred Dollars in money.

Then after paying my Just debts and funeral expenses I give

and bequeath to my children Mathew Beacom, Junior, John Beacom

and Adella Beacom my Daughter above named, all the residue

of my property in Equal proportions

I hereby constitute and appoint Salmon P. Lott Executor

of this my last will and testament.

In testimony whereof I have hereunto set my hand

and seal this 14th day of August AD 1867.

Mathew Beacom {Seal}

Signed and acknowledge in our presents and in presence of

each other

E B Mosher {U S Stamps }

H B Liggett {$2.00 Apl 14th 1869 }

S P Lott { T W Powell }

{End of Will}

(Copy of Testimony & Record thereof)

The State of Ohio }

Delaware County SS } In the matter of the Last will and testament

of Mathew Beacom late of Porter Township in this County

deceased

K Edmond B Mosher being duly sworn in open

Court this 14th day of April AD 1869 depose and say that

we = - this affiant, H B Liggett and Salmon P Lott, were present

at the Execution of the last will and testament of Mathew

Bacom of Porter Township in this County deceased, hereto

annexed bearing date 14th day of August 1867: that we saw

the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was of full

age of sound mind and memory and not under any restraint

and that we signed the same as witnesses at his request and

in his presence, and in presence of each other, and the affiant

further says that the said S P. Lott is now deceased, and that the

said H B Liggett one of the witnesses has gone out of the Country to

parts unknown and his present residence if alive is now unknown

to the Citizens of his former residence

E B Mosher

Sworn to and subscribed before me, in the Probate Court, this 14th

day of April AD 1869

T W Powell

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 476)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 476)

Description

[page 476]

[corresponds to labeled page 444 of Will Record Vol. 4 1859 - 1869]

444

Record of the Last will of Salmon Moses deceased


And also at the same time and place came Harvey Haselett who

being duly sworn upon his oath says that he was well acquainted

with S P Lott and H B Leggett two of the witnesses to the

annexed will of Mathew Bacom dec'd and was well acquainted

with their hand writing and beleive and have no doubt that

their signatures to said will as witnesses are true and genuine

that said Lott is now dead and said Liggett has departed

the Country and gone to parts unknown

H Heaslett

Sworn to before me and subscribed in my presence this 14th

day of April 1869

T W Powell

Probate Judge

______________________________


Record of the Last Will of Salmon Moses dec'd


Proceedings had before Thomas W Powell Judge of the

Probate Court in and for the County of Delaware and State of

Ohio at his office in the town of Delaware on the 22nd day of April

AD 1869.

The following is the Journal Entry in this case, to wit: -

On the 10th day of the present month the last will and testament

of Salmon Moses late of Liberty Township in this County decd was

presented in Court for probate and record, thereupon George

Hall and Thomas Wright the two subscribing witnesses to the

said will came into Court and were duly sworn & examined

and their testimony reduced to writing and annexed to the

will and filed therewith: and afterwards on this day for

the purpose of proving the codicil annexed to the said will

came into Court George Hall and Mary H Hall the two

subscribing witnesses thereto who being duly sworn and exam-

ined and their testimony reduced to writing ^and annexed to the Codicil and filed therewith

Thereupon the Court finds that the said will and Codicil were

duly executed and attested and that the said Testator at the

several times of the Execution thereof was of full age of sound mind

and memory and not under any restraint, it is therefore considered

and ordered that the said will and Codicil be admitted to probate

and record as duly proved as the last will and testament and

codicil thereto annexed of the said Salmon Moses decd and be

recorded as such. Thereupon Russell B Moses and Flavel Moses

the Executors named in the will, came into Court and accepted

letters testimentary upon the said will and Estate, who gave

bonds in the sum of $3000 with George Hall and Thomas Wright

as their sureties to pay debts and legacies etc according to law

No appraisement to be made

T W Powell

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 477)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 477)

Description

[page 477]

[corresponds to labeled page 445 of Will Record Vol. 4 1859 - 1869]

445

Record of the Last Will of Salmon Moses deceased


(Copy of the Will)

In the Name of the Benevolent Father of all~!

I Salmon Moses of Liberty Township Delaware

County Ohio do make and publish this my last will and testament

Item 1st I give and bequeath to my son Russell B Moses all

my Real Estate and Farming utensils

Item 2nd I give and bequeath to my Daughter Flora Moses

all of my personal property except Farming utensils including

what stock I may have viz the undivided half of the stock on

the farm also all my notes bonds & money also all my house

hold & kitchen Furniture

Item 3rd I do hereby nominate and appoint Russell B Moses

and Flavel Moses Executors of of this my last will and Testament

hereby authorizing them to compromise adjust and discharge

in such manner as they may deem proper the debts and claims

due me

Item 4th I give to my son Flavel Moses above what I have

heretofore given him Five Dollars

Item 5th I give to my daughter Dorcas Pike above what I have

heretofore given her Five Dollars

In testimony hereof I have hereunto set my hand and

seal this 18th day of June AD 1867

Salmon Moses {Seal}

Signed and acknowledged by said Salmon Moses as his last

will and testament in our presence and signed by us in his

presence Thomas Wright

George Hall

Codicil

Whereas I Salmon Moses on the 18th day of June in the year

1867 made my last will and testament of that day do hereby

declare the following to be a Codicil to the same

I do hereby give and bequeath to my daughter Flora

Moses the house which I now occupy and two acres of land

therewith viz bigining on the East with the East side of the garden

south with the south side of the garden and running west far

enough to contain two acres of land exclusive of the road,

said Flora Moses to have said premises so long as she may

wish to occupy the same

I do further bequeath that said Flora Moses shall have a

Cow kept on the ^farm for her use so long as she may occupy

the said house. Salmon Moses {Seal}

Signed and acknowledged by said Salmon Moses as a

Codicil to his last will and testament in our presence and

signed by us in his presence this 1st day of July 1868

George Hall

Mary A. Hall

(Copy of testimony - over)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 478)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 478)

Description

[page 478]

[corresponds to labeled page 446 of Will Record Vol. 4 1859 - 1869]

446 Last

Record of the Last will of Salmon Moses dec'd


The State of Ohio }

Delaware County SS } In the matter of the Last will and

Testament of Salmon Moses late of Liberty Township

in this County deceased

We Thomas Wright and George Hall being duly sworn

in open Court this 10th day of April AD 1869, depose and say

that we were present at the Execution of the last will and testament

of Salmon Moses of Liberty Township in this County hereunto

annexed bearing date 18th day of June 1867: that we saw said

testator subscribe said will, and heard him publish and declare

the same to be his last will and testament, and that the said

testator at the time of executing the same was of full age, and of

sound mind and memory and not under any restraint, and

that we signed the same as witnesses at his request and in

his presence and in the presence of each other

Thomas Wright

George Hall

Sworn to and subscribed before me in the Probate Court this 10th day

of April AD 1869 T. W. Powell,

Probate Judge,


(Copy of proof of Codicil)

The State of Ohio }

Delaware County SS } In the matter of the last will and testament

of Salmon Moses late of Liberty Twp in this County deceased

We George Hall and Mary A. Hall being duly

sworn in open Court this 22nd day of April AD 1869 depose and

say that we were present at the execution of the Codicil to the last

will and testament of Salmon Moses of Liberty Township hereto

annexed bearing date the 1st day of July 1868, that we saw the

said testator subscribe said Codicil to the said will and heard

him publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same was

of full age of sound mind & memory and not under any restraint

and that we signed the same as witnesses at his request and

in his presence and in the presence of each other

George Hall

Mary A Hall

Sworn to and subscribed before me in the Probate Court this 22nd

day of April AD 1869 T. W. Powell

Probate Judge

_____________________________



Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 479)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 479)

Description

blank page
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 480)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 480)

Description

Will Record 4 1859 = 1869
inside back red cover
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 481)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 481)

Description

back red cover

Dublin Core

Title

Delaware County Ohio Will Records Vol. 4 1859-1869

Subject

Delaware County--Will Records--Ohio--1859-1869

Description

Delaware County Ohio Will Records Vol. 4 1859-1869. This book is located at the Delaware County Records Center at 2079 US 23 North PO Box 8006 Delaware Ohio, 43015

Creator

Decedents of Delaware County, Ohio, 1859-1869

Date

1859-1869

Contributor

Delaware County Court Probate Judge: I. Ranny; Delaware County Court Probate Judge: T.W. Powell

Rights

http://rightsstatements.org/vocab/NoC-US/1.0/

Format

Book

Language

English

Type

Still Image
Text

Identifier

92961137

Citation

Decedents of Delaware County, Ohio, 1859-1869, “Delaware County Ohio Will Records Vol. 4 1859-1869,” Delaware County Memory, accessed December 25, 2024, http://66.213.124.233/items/show/122.

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