Delaware County Ohio Will Records Vol. 5 1869-1876

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Andress Lucy R. Page 64

Alexander James ,,247

Adams Elijah Will of ,, 277 Case No 2294

Abraham James Will of ,,321,,

Adams Elias Will of ,,338

Arnold Nathan Will of ,,376

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Will Records 1869 - 76

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Bebb John Page 66

Black Marshall ,, ,, 74.

Bachman Bathsheba ,, ,, 78

Baker Ignatius ,, ,, 93

Baker Henry ,, ,, 111

Blackman Ira ,, ,, 131 & 32

Babcock David ,, ,, 162

Bricker Christopher C ,, 185 Case No 2149

Budd John ,, 222.

Bierce Margaret ,, 264 Case No 2229

Bader Martin Will of ,, 281

Blackman Sally Will of ,, 312 (312)

Bartholomew Major Will of ,, 344

Black Christian ,, 347 Case No 2455

Brecht Martha R Will of ,, 382

Bedow George A Will of ,, 389
,,
Bonner Henry Will of ,, 428

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Page

Carney Elijah ,, 11

Cruickshank David G ,, 19

Curtis Sarah ,, 27

Curtiss Caty ,, 98 Case No 1970

Carpenter Orr ,, 100

Collum Thomas A Will ,, 232

Carpenter Homer Will of ,, 279 Case No 2295

Campbell Chester Will of ,, 329 " " 2408

Closson Cornelius Will of ,, 330 Case No 2405

Condit Jotham Will of ,, 353 " " 2471

Cline Henry Sen Will of ,, 355

Christ Jonathan deceased Will of ,, 375

Case Riley deceased ,, 381 Case No 2479

Colvin Susan deceased Will of ,, 394 " " 2554

Cline Jacob B deceased Will of ,, 401 " " 2557

Cook Maria M Will of ,, 407 " " 2652

Cunningham John Will of ,, 410

Coonfare Peter Will of ,, 423

Case Lucinda ,, ,, 423 Case No 2638

Coldron Abagail 437 " " 2640

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Dodd Wm C ,, ,, 26 Case No 1851 Page

Dowell Samuel - ,, ,, 124

Dewitt Paul ,, ,, 150

Davids Sylvanus Thos and

Benjm F Executres Page .182

Dusenberry Daniel ,, ,,192

Dustin Nathan ,, ,,.236.

Davies James Will of ,, ,, .261 Case No 2270

Doby Samuel B Will of ,, .284

Dodge Clarinda Will of ,, ,,332

Dutton George Will of ,, ,,362

Dawes John ,, ,, 447

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Evans Evans Page 2

Evans Evan ,, 58 Case No 1920

Evans Mary J ,, 62 Case No 1919

Eklebury Jacob ,, 87 " " 1950

Evans Robert ,, 240

Eaton Joseph deceased Will of -- ,, 396 441 Case No 2653

Ellmore Sally Will of ,, 364 Case No 2478

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Page
Fowler James B ,, 16

Fry Jacob ,, 21 Case No. 1838

Freshwater Mary ,, 29

Fairchild B. M ,, 169

Fleming Isaac ,, 199

Fowler Charles M ,, 214

Fleming Henry C ,, 266

Finley Samuel ,, 283

Fate Sarah A. ,, 299

Forwood William R ,, 319 Case No 2373

Fegley Henry Will of ,, 358

Farrier John C Will of ,, 383

Faris James ,, ,, 443

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George Fanny Page 45

Gaston James H. ,, 71

Griffiths David ,, 105

Grady Miles ,, 168

Green A J ,, 190

Griffiths May ,, 351 Case No 2463

Griffin Patrick deceased Will of ,, 393.

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Houg John Page 136

Houts Lucinda ,, 140

Heinn Andrew ,, 144

Havens Jesse ,, 216 Case No 2165

Herron Julia ,, 217

Hair Ester ,, 220 Case No 2190

Herron Hanora ,, 228 Case No 2193

Heddrick Jacob ,, 245

Holmes Jesse ,, 219

Howe Emily ,, 286

Healy Ebenezer ,, 291

Humphrey John ,, 303

Hames John ,, 361

Holmes Jesse Will of ,, 373

Hamilton John Will of ,, 387

Humphrey Eber Will of 432

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Jones Thomas Case No 1916 Page 67

Janes Chas C. ,, 69

Johnson John C Case No 2160 ,, 189

Jacobus John .C ,, 243

Jones Sarah Will Case No 2290 ,, 276

Jackson George A Will of ,, 341

Jones William F Will of ,, 371

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Kent James George Hall & P P Slack Executors Page ,, 177

Kaufman Christian John Biggs Admt ,, 323

Kelly John Will of ,, 357.

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Page
Lindsey Wm E 14

Longshore Cyrus ,, 90

Linnaberry Joseph ,, 123

Lawson Sarah ,, 172

Longwell Ezekiel Will of ,, 234

Longwell James Will of ,, 272

Landon Lydia Will of '' 369 Case No 2453

Lavender Thos ,, ,, 416

Lodwig John ,, ,, 439

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McAllister Lucinda decd Page 33 Case No 1794

Miller Adam ,, ,, 42 Case No 1896

Meminger Maria ,, ,, 44 " " 1898

Mendenhall Joel Z. ,, ,, 95

McIntire Jane ,, ,, 102

McKitrick James ,, ,, 118

Miller William ,, ,, 129

Main Eleazer ,, ,, 142

Markwith Richard J ,, ,, 147 Case No 2051

McIlvain Greer ,, ,, 165

McElroy James K ,, ,, 196

Myers Isaac ,, ,, 239

Meeker Elisha[illegible] ,, ,, 253

Mc Master R. G. Mrs McMaster & other Executors Page .259

Maugans Joseph Will of ,, 274

Mannix Elisabeth " 294 Case No 2323

McNeal Samuel N Will of ,, 306

McPhillips Joseph Will of ,, 310

Maynard Moses Will of Recorded ,, 379. Case No 2516

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Nusi, Earhart Page 212

Nettleton, Nathen 426

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Page
O'Connor Thomas decd ,, ,, 30

Oneus Thomas decd ,, ,, 80

Owens, Evan decd ,, ,, Page 157

O'Conner, Maurice decd Will of ,, 404 Case No 2526

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Potter Asohel 8

Potter Joseph ,, 72

Patterson Betsey ,, 76 Case No 1899

Patterson Barnabus ,, 180

Peall Aaron ,, 187

Powell Robert ,, 226

Payne N H ,, 229 Case No 2206

Patterson James Will of ,, 255

Phinney Jonathan Will of ,, 262

Perry David Will of ,, 289

Patrick Norman Will of ,, 324

Patton John Will of ,, 367

Pfeifer Jacob Will of ,, 402.

Page Riley Will of ,, 430

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Ryant John Page ,, 35 Case No. 1890

Roloson Jacob ,, 155.

Robinson William D. ,, 159

Rarcek Daniel Will ,, 194

Rank, Peter Will ,, 230

Roberts, Almina ,, 385 Case No 2531

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Safford Cynthia A Page ,, 22

Sherman John ,, 32

Stallman Henry ,, 83

Smith Nancy ,, 115 Case No 1988

Swartz Daniel ,, 120

Shultz John ,, 128

Shoub Martin Will ,, 132

Scott Edmund ,, 184. Case No 2142

Schultz Peter ,, 191

Sherwood David ,, 243

Spalding Micah Will of ,, 251

Sebring William Will of ,, 348

Smith Lewis W Will of ,, 350 Case No 2462

Smith Sarah Will of ,, 365 " " 2495

Shoub William M 446 " " 2659

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Page
Tipton, Emily D. ,, 1

Thompson Maria ,, 126

Thrasher Elisha Will ,, .149. Case No. 2054

Thompson John ,, ,, 178.

Thomas Daniel Will ,, ,, 54

Thompson John W ,, ,, 434

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Utley, Anna Will of Page ,,346

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Vining Elem A. Page 47

Veergon John G. , 49

Vansickle Peter , 107

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Wagoner Frederick decd Will of Page 37

Winget Ezra decd Will of ,, 91

White William decd Will of ,, ,, 153

Wells Henry decd Will of ,, 156

Watkins William Will of ,, ,, 167

Willes Jacob Will of ,, ,, 224 Case No 2195

Wagnor John Will of ,, ,, 249 " " 2246

Warrington Nancy Will of ,, ,, 257

Welch Asahel Will of ,, ,, 295 Case No 2334

Waters Robert Will of ,, ,, 297

Wells Abraham Will of ,, ,, 308.

Worline Samuel Will of ,, ,, 316.

Willis Ann Will of ,, ,, 326. Case No 2389

Waters Sylvester J Will of ,, ,, 334. " " 2422

Worline Jacob ,, ,, 399.

Welshinier Lucinda deceased Will of ,, 392.

Walker Robert Will of ,, 405 Case No 2578

Whitten, John Will 413

Wilcox Warren ,, 414

Williams Hosea ,, 418

Watkins Mary ,, 433 Case No 2632

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1

Record of Wills - commenced August 10th 1869

Record of the Last Will of Emily D. Tipton 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 May A.D. 1869.

The following is the Journal Entry towit -

"Will and Estate of Mrs Emily D Tipton deceased

On the 13th day of February last Rev Orren H. Newton presented to

the Court the last will and testament of Emily D. Tipton decd for probate

and record, and also the Codicil thereto annexed. Thereupon Lorenze D

McCabe one of the subscribing witnesses to the will came into Court and

was duly sworn and examined, and his testimony reduced to writing

and filed therewith. And it appearing that the other witnesses to the said

will and codicil were residents out of the state commissions were there=

upon duly issued to take the testimony of the said witnesses,which were

afterwards in due time duly returned with the testimony duly reduced

to writing and now on file with the will and codicil, and it thereby appearing

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 said will

and codicil was of full age and of sound mind and memory and acting

under no restraint. It is therefore ordered that the said will and codicil be

admitted to record and probate as the duly executed last will and

codicil of the said Emily D Tipton decd and ordered to be recorded

as such.

Thereupon afterwards letters testementary were duly issued to Oren

H. Newton, the Executor named in the will who accepted thereof and

gave bonds in the sum of $2000. with John McElroy and James

S Campbell his surities. Letters issued

T W Powell

Probate Judge

(Copy of the Will)

In the name of the Benevolent Father of All!

Emily D Tipton 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, hereby revoking all former wills

heretofore made by me -

First - It is my will that all my Just debts and funeral expenses

and expenses of settling my Estate be first fully paid

Second: I do hereby direct and it is my will that within

one year after my decease, my Executor, hereinafter named

shall sell the property consisting of a house and lot which I

own situated in the Village of Odin in Marion County in the

State of Illinois, it being the only lot owned by me in said village:

and it is my will that said house and lot be ^so sold at the best season

of the year for realizing its full value. And I direct and it is my

will, and I hereby authorize and empower my said Executor

to sell the same at public or private sale as to him shall seem

best, and on such terms of credit as to him shall seem best, and

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2

Record of the Last Will of Emily D. Tipton, decd

to make a deed to the purchase thereof conveying the full title

in fee simple directly by virtue of the powers hereby granted:

it being my wish to save and avoid all court expenses.

Provided however that in the sale thereof the terms of credit be

not longer nor more favorable to the purchase than the usual terms

of one-third of purchase money in hand and one-third in one year &

one-third in two years from the day of sale; the deferred payments if

any there shall be to be secured by mortgage on the premises and

to be as interest from the day of sale

Third: It is my will that in case of the death removal or disability

of my said Executor or his refusal to accept the Executorship

of this my will, that then my friend Henry C Goodnow a

lawyer in Salem in said Marion County do execute and

transact the sale of said property in said Odin under & accord=

ing to the directions of said Second item of this will, and in the Events

or any of the Events in this item specified I do hereby fully authorize

and empower him said Henry C Goodnow to sell said property

in said Odin, and to make a deed therefor, conveying the title

thereto directly to the purchaser thereof, as fully and completely

as I have authorized my said Executor to do in said Second

item of this will. and I will that said Henry C Goodnow shall

(in any of said events whereby he hereby acts as aforesaid)

transfer the proceeds of said sale immediately on its completion

- the money & notes & mortgage - to whoever shall then be lawfully

charged with the execution of this my last will and testament, to be by

such person disposed of as herein directed.

Fourth: It is my will that of said property in Odin shall sell--

as herein directed -- for twenty two hundred dollars, then of the

proceeds of said sale three Hundred dollars be paid Executor

to my sister Ella Read, and three Hundred dollars thereof to

my sister Clarinda Dodge: and if said property in Odin

shall sell for only two thousand dollars or less, I will that

of the proceeds of said sale there be paid by my Executor to

my said sister Ella Read two Hundred dollars, and to my

sister Clarinda Dody, two hundred dollars; and that of said

property shall sell for a sum between two thousand dollars

and twenty two hundred dollars, that the excess above two thous=

and dollars & under twenty two hundred whatever it shall be --

shall be equally divided and paid to my said sister Ella Read

and Clarinda Dodge each one half of such excess, in addition to

the legacies hereby given them of two hundred dollars each, but in

no event are they to have over three hundred dollars each.

And in case of the death of either of my said two sisters before

the completion of said sale and receipt of the purchase money and

notes aforesaid, then I will that the legacy given to such deceased

sister by this item of this will shall be paid to the one of two mentioned

and named sisters surviving, and in case both of my said two

sisters shall have deceased at the time of the sale and receipt of said

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3

Record of the Last Will of Emily D. Tipton, decd


money and proceeds of sale, then I will that the whole proceeds of said

sale be paid and delivered to my mother Mrs Clarinda Dodge: and

it is my will that said legacies to my said two sisters -- as aforesaid be

paid immediately on the completion of said sale, and out of the money

paid in hand as aforesaid provided there be sufficient for that purpose

but if there be not sufficient that the money in hand be equally

divided between them & paid on said legacies, & that the residue

of said legacies be paid out of the first deferred instalment of

purchase money, And at all events I will that the residue

of the proceeds of the sale of said property in Odin after paying

the legacies aforesaid to my two Sisters aforesaid shall go to

and be paid to my Mother Mrs Clarinda Dodge

Fifth: It is my will that after the payment of all just debts

funeral expenses and the expenses of settling my Estate and the

payment of the legacies to my said two sisters above named, all

the rest and residue of my Estate property and effects real & personal

shall go to and be paid to my said Mother Clarinda Dodge, and

I do hereby devise and bequeath to her all such residue of

my property.

Sixth: In case my Mother said Clarinda Dodge shall depart this

life before my decease then it is my desire & it is my will that

the said legacies to my sisters be paid as herein provided,

and that then all the balance and residue of my property

of every description and kind be equally divided between

my Sisters Ella Read and Clarinda Dodge Lucy D. Tipton

& Sophia D Weldon and my brother James R Dodge or

those of them my said brother & sisters living at my decease

in case any of them should die I surviving.

Seventh: I do hereby appoint Rev O H Newton of Delaware

Ohio my friend and Pastor to be the Executor of this my last

will and testament. In testimony whereof I have hereunto signed

my name and affixed my seal as and for my last will and

testament this Sixth day of July AD One Thousand Eight

Hundred and Sixty Eight

Emily D. Tipton {seal}

The foregoing will was signed and sealed by the said Emily D

Tipton in our presence and declared and published to be her last

will and testament in our presence and signed by us and attest=

ed at her request in her presence and in the presence of each

other L.D. McCabe

{US Stamp C.C. McCabe

$1.00 x}


Codicil

I Emily D. Tipton being of sound mind and memory do

make and publish as a Codicil to my last will and test=

ament hereto attached bearing date of the Sixth day of July

in the year of our Lord One thousand Eight Hundred and

Sixty Eight that my said will be so changed as to give to

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4

Record of the Last Will of Emily D Tipton decd

my beloved Mother Clarinda Dodge one third part only of the

proceeds of the Sale of my house and lot situated in Odin in

the County of Marion and State of Illinois, and the remaining

two thirds to be equally divided between my brother and

Sisters Ella Read Clarinda Dodge, Lucy D. Tipton, Sophia

D Weldon and James R. Dodge, or such of them as may be

living at the time of my decease

Secondly - I desire that my sister Clarinda K Dodge be paid

out of the remainder of my Estate the sum of Three Hundred

and Fifty Dollars being the value of my share in a Piano

owned by me and my Sister Ella Read and my mother

Clarinda Dodge -- and further that my Mother Clarinda

Dodge holds a note for fifty Dollars which shall be considered

as fully paid out of this property willed to her in my said

will hereto attached as aforesaid. In testimony whereof I have

attached my name and affixed my seal my last will

being intended as a Codicil to my former will herein alluded

to, this 8th day of January in the year of our Lord One Thous-

and Eight hundred and Sixty nine

Emily D. Tipton {seal}

The foregoing Codicil to a last will of Emily D Tipton

was signed and sealed by her in our presence and by her

declared to be her last will and testament intended as a

Codicil in our presence and at her request we have

sgined our names in her presence and in the presence

of each other

Harrison Houpt } Resident of Murpheysboro

Urbane E Robinson Jr } Jackson County Illinois

(End of Codicil)


(Copy of Testimony

The State of Ohio }

Delaware County } In the matter of the last will and test=

ament of Emily D Tipton late of Delaware in this County Decd

I Lorenzo D McCabe being duly sworn in

open Court this 13th day of February AD 1869, depose and say that

we were present at the Execution of the last will and testament of

Emily D Tipton decd late of Delaware Ohio hereto annexed

bearing date 6th day of July 1868, that we this affiant and Charles

C McCabe 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 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

Lorenzo D. McCabe

Sworn to and subscribed before me in Probate Court this 13th day

of February AD 1869 T.W. Powell, Probate Court

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5

Record of the Last Will of Emily D Tipton decd

Commission

To take testimony of Witness to will.

The State of Ohio }

Delaware County ss. }

To Doct J. R. Dodge of Murpheysboro

His - Greeting:

Know ye, That we in confidence of your

prudence and fidelity have appointed you and by these presents

do give you full power and authority to examine and take the

deposition of Harrison Hought and Urbane E Robinson give

subscribing witnesses to the last Will and Testament and Codicil

of Emily D Tipton decd hereto annexed, late of the County of

Delaware Ohio in the State of Ohio, dec'd and therefore we command

you that at certain days and places appointed by you, you

cause the said Harrison Houghtt and Urbane E robinson Jr

to be brought before you, and then and there to examine them on

oath or affirmation first taken before you touching the due execution

of said Will and Codicil of the said Emily D Tipton decd, and

that you reduce the examination to writing, and return the same

together with this Commission and the Will of the said Emily D Tipton

decd, thereto annexed, closed up under your seal into one said

Probate Court with all convenient speed

{seal} In testimony Whereof, I Thomas W. Powell,

Judge of the said Court, have hereunto set my

hand and affixed the seal of said Court at

Delaware this 15th day of March AD 1869


T.W. Powell

Probate Judge

Testimony of Witness to Will.

In the matter of the last Will and Testimant of Emily D

Tipton decd - I, James R. Dodge, duly appointed and

commissioned by the Judge of the Probate Court of the County of

Delaware and State of Ohio to take the testimony of Harrison

Hought and Urbane E. Robinson, Jr the subscribing witnesses

to the last Will and Testament of Emily D Tipton decd late a

resident of the said County of Delaware in the State of Ohio

which Commissions and the said Will are hereto annexed, I

do hereby certify that in pursuance of said Commission I caused

Harrison Hought and Urbane E Robinson said subscribing

witnesses as aforesaid to come personally before me at the City

of Murpheysboro County of Jackson and State of Illinois

who being by me 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 depose and say that

after the Codicil to said last will and testament was written

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6

Record of the Last Will of Emily D Tipton decd

it was read over to said Emily D Tipton and thereupon

she declared it to be her last will and testament and in their

presence she signed her name to the same; that we were present

at the making of said Will hereto attached, 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 said Emily

D Tipton deceased sign and seal said will and heard her pub=

lish and acknowledge the same to be her last will and testament

that the said Emily D Tipon, was, at the time of making signing

and sealing said last will and Testament, of full age, and of

sound mind and memory and not under any unlawful

restraint whatsoever

Harrison Hought

Urbane E Robinson Jr

I, J.R. Dodge, do further testify that the said testimony was

reduced to writing by myself in presence of said witnesses

respectively and subscribed by said wintesses in my presence on

this 6th day of April AD 1869.

In testimony whereof I have hereunto set my hand this 6th

day of April AD 1869

James R Dodge, Commissioner

Commission

To take Testimony of Witness to Will.

The State of ohio. }

Delaware County, ss, }

To Rev William L. Harris of New

York City - Greeting:

Know ye, That we in confidence

of your prudence and fidelity have appointed you and by these

presents do give you full power and authority to examine and

take the deposition of Rev Charles C. McCabe, subscribing

witness to the last will and Testament of Emily D Tipton hereto

annexed late of the County of Delaware in the State of Ohio died

and therefore we command you that at certain days and places

appointed by you, you cause the said Charles C. McCabe to be

brought before you, and then and there examine him on oath or

affirmation first taken before you touching the due executior

of said Will of the said Emily D Tipton and that you reduce

such examination to writing and return the same together

with this Commission and the said Will of the said Emily D

Tipton thereto annexed, closed up under your seal into our

said Probate Court with all convenient speed

{seal} In testimony whereof, I Thomas W. Powell

Judge of said Court, have hereunto set my hand

and affixed my seal of said Court at Delaware Ohio

the 20th day of April AD 1869 T W Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 40)

[page 40]

[corresponds to page 7 of Delaware County Will Records Vol. 5 1869-1876]


7

Record of the last Will of Emily D. Tipton, deceased

Testimony of witness to will.

In the matter of the last will and Testament of Emily D

Tipton deceased

I William S Harris duly appointed and

commissioned by the Judge of the Probate Court of the County

of Delaware in the State of Ohio to take the testimony of Charles

C McCabe the subscribing witness to the last will and Testament

of Emily D Tipton late of Delaware Ohio deceased late a resident

of said County of Delaware in the State of Ohio, which Commission

and the said will are hereto annexed I do hereby certify that in

pursuance of said Commission I caused the said Charles C.

McCabe said subscribing witness as aforesaid to come personally

before me at 200 Mulburry Street in the City of new York

who 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 & says

that on or about the sixty day of July AD 1865 at Delaware, he

this deponent, and L.D. McCabe were called upon to witness

the execution of the said last will and testament of the said

Emily D Tipton decd, that they were present at the execution

of said will hereto attached 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 Emily

D Tipton deceased sign and seal said will and heard her

publish and declare the same to be her last will and Testament:

that the said Emily D. Tipton, deceased, was, at the time of making

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

under any undue or unlawful restraint and further says

not C. C. McCabe

I, William L Harris the Commissioner above named

do further testify that the said testimony was reduced to writing

by myself except that in print & the hand writing of the Probate

Judge in the presence of said witness and subscribed by said

witness in my presence this Twenty Sixth day of April AD

1869.

In testimony whereof, I have hereunto set my hand as

Commissioner aforesaid this 26th day of April AD 1869

William L Harris Commissioner

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 41)

[page 41]

[corresponds to page 8 of Delaware County Will Records Vol. 5 1869-1876]


8

Record of the last Will of Asabel Potter 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 24th day of March

AD 1869.

The following is the Journal Entry to wit -

Will and Estate of Asahel Potter decd

On the 24th day of March last the last will and testament of

Asahel Potter late of Brown Township decd was presented to the

Court for Probate and record. Thereupon William Blair one

of the subscribing witnesses to the said will came into Court and

was duly examined and sworn and his testimony reduced to writ=

ing and filed with and annexed to the said will. and it appearing

that Israel Bryfogle the other witness lives out of the State and issued

a commission to take this deposition of said Bryfogle in due form.

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 therefore considered and ordered that

the said will be admitted to probate and record as duly proved

as the last will and testament of the said Asahel Potter decd

and ordered to be recorded as such

T W Powell

Probate Judge

(Copy of the Will)

I Asahel Potter of Brown Township in Delaware County

Ohio do make and publish this my last will and testament

in manner and form following to wit:

1st It is my will and desire and I hereby desire give and

bequeath that all my just debts be first paid.

2nd It is my will and desire and I hereby devise, give and

bequeath all the residue of my property both real and personal

and of every kind and description, that may be left after

paying my debts, be equally divided between and amongst

my children (sons and daughters) share and share alike; but the

share and portion so to be paid and due to each of my

daughters, shall be paid and given to her as her seperate and

Estate to and for her seperate use and benefit to be controled and

managed by her, seperate and distinct from the control and

of her or their several husbands (in case they have any) and

whatever such property shall remain unexpended by any one

of my daughters during her lifetime, shall go to and be paid over

to the children or next of kin to each and every of my said Daugh-

ters ^ But it is my will that my
said daughters each and every one ^ of them
during her natural life shall have

full power and control over her seperate share and portion to

use expend and dispose of as her seperate Estate and property

as she may deem best and proper, without the control or hind-

erance of her husband or his creditors

3rd I hereby constitute and appoint my two sons Israel

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 42)

[page 42]

[corresponds to page 9 of Delaware County Will Records Vol. 5 1869-1876]


9

Record of the Last Will of Asahel Potter decd


Potter and Lyman Potter Executors of this my last will and

testament hereby; hereby revoking and annulling all former

wills and testaments and affirming this and no other as my

last will and testament. And so published and declared

this Sixteenth day of September AD 1858

Asahel Potter

Signed, declared and published as the last will and testament of

the said testator on the day and year last above written who in our

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

and in the presence of each other put our names hereto as witnesses

Isreal Bryfogle

{U.S. Stamp $1.00} William Blair

(Copy of testimony)

The State of Ohio. }

Delaware County, ss. } In the matter of the last will and testament

of Asahel Potter late of Brown Township in this County decd

I William Blair being duly sworn in open Court

this 24th day of March AD 1869, depose and say that we -

this deponent and Isreal Bryfogle - were present at the exec=

ution of the last will and testament of Asahel Potter of Brown

Township in this County hereto annexed, bearing date 16th day

of September 1858: 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 and in the presence

of each other

William Blair

Sworn to and subscribed before me, in the Probate Court, this

24th day of March AD 1869

T W Powell

Probate Judge

(Copy of)

Commission

To take testimony of witness to will.

The State of Ohio }

Delaware County, ss. }

To the Judge of the Probate Court or

to any Judge of a Court of Jackson County Missouri -

Greeting. Know Ye, That we in confidence of your

prudence and fidelity, have appointed you, and by these

presents do give you full power and authority to examine

and take the deposition of Israel Bryfogle one of the

subscribing witnesses to the last will and testament of

Asahel Potter hereto annexed, late of the County of Delaware

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 43)

[page 43]

[corresponds to page 10 of Delaware County Will Records Vol. 5 1869-1876]


10

Record of the Last Will of Asahel Potter decd


in the State of Ohio deceased, and therefore we command you

that at certain days and places appointed by you, you cause

the said Israel Breyfogle to be brought before you, and

then and there to examine him on oath or affirmation first

taken before you touching the due Execution of said will of the

said Asahel Potter deceased and that you reduce such

examination to writing and return the same together with this

Commission and the will of the said Asahel Potter deceased thereto

annexed, closed up under your seal, into our said Probate Court,

with all convenient speed.

In testimony whereof, I, Thomas W Powell Judge of the said

{seal} Court, have hereunto set my hand and affixed the

Seal of said Court at Delaware Ohio this 27th

day of March AD 1869

T W Powell

Probate Judge

Testimony of Witness to will.

In the matter of the last will and testament of Asahel Potter

late of Delaware County Ohio decd

I, J W Jenkins Judge of the

Probate and Common Pleas Court in the County of Jackson

Missouri duly appointed and commissioned by the Judge of the

Probate Court of the County of Delaware in the State of Ohio, to take

the testimony of Israel Breyfogel one of the subscribing witnesses

of the last will of Asahel Potter late of Delaware County decd a

resident of Delaware County State of Ohio, which Commission

and the said will hereto annexed I do hereby certify, that in

pursuance of said commission I caused the said Isreal Breyfogle

said subscribing witness as aforesaid, to come personally before

me at who being 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 depose

and say the said Israel Breyfogel and one William Blair were

present and witnessed, and attested the execution of said will of

the said Asahel Potter on or about the 16th day of September

1858 at Brown Township in Delaware County Ohio and further

says that they were present at the execution of said will hereto

attached marked "A" and dated as aforesaid, 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

Asahel Potter decd sign said will and heard him publish and

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

Asahel Potter deceased, was, at the time of making signing and

sealing said last Will and testament, of legal age and of sound

mind mind and memory, and under no restraint whatsoever

Israel Breyfogel

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 44)

[page 44]

[corresponds to page 11 of Delaware County Will Records Vol. 5 1869-1876]


11

Record of the Last Will of Asahel Potter, decd


I, J W Jenkins Judge of the Probate and Common Pleas Court

of Jackson County do further testify that the said testimony was

reduced to writing by myself except that in print and in the

hand writing of the Probate Judge of Dealware County, in presence

of said witness and subscribed by said witness in my presence, on

the 19th day of May AD 1869.

In testimony whereof I have hereunto set my hand this

10th day of May AD 1869

J W Jenkins Judge of

Probate and Common Pleas Court


Record of the Last Will of Elijah Carney 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 14th day of May AD 1869

The following is the Journal Entry. to wit =

May 14th 1869

Will and Estate of Doct Elijah Carney decd

The last will and testament and Codicil of Elijah Carney late

of Berkshire decd was presented in Court for Probate and record

Thereupon John M Frost and Mary H Case the two subscribing

witnesses to the will and codicil came into court and were duly

sworn and examined and their testimony reduced to writing

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. It is therefore

considered and ordered that the said will and codicil be ad=

mitted to probate and record as duly proved as the last will

and testament of said Elijah Carney decd and ordered to be

recorded as such

Letters testementary were thereupon duly granted to Edwin

Carney the Executor named in the will (J P Crawford the other

Executor named declining to serve) who gave bonds in the

sum of $15000, with Read Letts Isaac VanSickle and

Henry C Frost his surities. The Court appoint James Lamp=

man, George D Searles and John Finck appraisers of the said

Estate -- Letters issued T.W. Powell.

Probate Judge

(Copy of Will)

In the name of the Benevolent Father.

I Elijah Carney of Berkshire

Township do make and publish this my last will and

testament

Item 1st I will and devise to my beloved wife all my property

both real and personal during her natural life -- she however

setting so much thereof either of real or personal or both

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 45)

[page 45]

[corresponds to page 12 of Delaware County Will Records Vol. 5 1869-1876]


12

Record of the Last Will of Elijah Carney decd


as may best suit her convenience sufficient to pay my Just

debts

Item 2nd At the death of my said wife the real Estate aforesaid

any such part of the said personal property or the proceeds

thereof as may then remain unconsumed and unexpended

I give and devise by equal division to my two sons and

my daughter to sit - Benjamin Carney, Edwin Carney and

Sarah Rogers and their heirs forever

I do hereby nominate and appoint Edwin Carney and

J P Crawford Executors of this my 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 best 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 and

seal this 1st day of Octber 1865

Elijah Carney {seal}

Signed and acknowledged by said Elijah Carney as his last

will and testament in our presence and signed by us in his

presence D T Sherman

John M. Frost

(Codicil)

Whereas I Elijah Carney on the 1st day of Oct 1865

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 son Edwin Carney

(at the death of my said wife) one thousand dollars more

than an equal division with my son Benj Carney and

my daughter Sarah Rogers

In wtiness whereof I have hereunto set my hand and seal

this 1st day of January 1869. Elijah Carney {seal}

Signed and acknowledged by said Elijah Carney as a

Codicil to his last will and testament in our presence

and signed by us in his presence

John M Frost

{U.S. Stamps} Mary A Case

{$5 00/00 # }

(Copy of Testimony)

The State of Ohio }

Delaware County, ss. } In the matter of the last will and

Testament of Elijah Carney late of Berkshire Town=

ship in this County dec -- I John M Frost -- being

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 46)

[page 46]

[corresponds to page 13 of Delaware County Will Records Vol. 5 1869-1876]


13

Record of the last Will of Elijah Carney decd


duly sworn in open Court this 14th day of May AD 1869 depose

and say that we were presented this deponent and David T

Sherman - were present at the execution of the last will and test=

ament of Elijah Carney of Berkshire Township in this County

hereto annexed bearing date October 1st 1865; 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 and of sound

mind and memory and not under any restraint and that we

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

of each other. Said David T Sherman is dead - departed this

life abut two years since. Also at the same time came James

P Crawford who being also duly sworn says that he was present

at the Execution of said will and saw said Carney sign and

publish the same as his will and saw the said witnesses witness

the same as stated by said John M Frost

John M Frost

James P Crawford

Sworn to and subscribed before me in Probate Court this 14th

day of May AD 1869

T W Powell

Probate Judge

(Testimony of Witnesses to Codicil)

The State of Ohio }

Delaware County ss. } In the matter of the Codicil to the

Last will and testament of Elijah Carney late of Berks=

hire Township decd

We, John M Frost and Mary A Case

being duly sworn in open Court this 14th day of May AD 1869

depose and say that we were present at the Execution of the

last will and testament and Codicil of Elijah Carney decd

of Berkshire Township hereto annexed bearing date 1st day

of January 1869 and annexed to the will bearing date Oct 1st

1865; that we saw the said testator subscribe said will and

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

and testament, and that the said signed the same as witnesses

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

John M Frost

Mary A Case

Sworn to and subscribed before me, in Probate Court this

14th day of May AD 1869

T W Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 47)

[page 47]

[corresponds to page 14 of Delaware County Will Records Vol. 5 1869-1876]


14

Record of the Last Will of William E Lindsey 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 1st day of June AD 1869

The following is the Journal Entry to wit -

June 1st 1869

Will and Estate of William E Lindsey decd

On the 29th day of May last past, the last will and

testament of William E Lindsey late of Delaware decd

was presented to the Court for probate and record.

Thereupon William M Dalbey and Jackson Hipple

the two subscribing witnesses thereto came into Court and

were duly sworn and Examined and their testimony red=

uced 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 the Execution thereof was of full age of sound mind and

memory, and not under any restraint it is therefore considered

that the said will should be admitted to probate and record

as duly proved as the last will and testament of the said

William E Lindsey decd and ordered to be recorded as such.

Thereupon Mary Lindsey the widow came into Court to

make her Election under the will: and the matter being

fully made known to her and fully understood, and her

interest under the will, and by the law in case she refuses to

take under the will; therefore she declared it was her choice

and election under the will according to the terms thereof

Thereupon the said Mary Lindsey the Executrix named in

the will requested letters testamentary on the Estate, which

which were accordingly granted and who gave bonds as

such Executrix in the sum of $6000 with Harvey Cornell

and Henry Besse her surities conditioned that she pay

the debts and legacies of the Estate. No appraisement recognized

T W Powell

Probate Judge

(Copy of Will)

I William E Lindsey of the Village of Delaware in the County

of Delaware and State of Ohio do make and publish this my

last will and testament

Item 1st It is my will that all my Just debts be paid

Item 2nd I give and devise to my beloved wife Mary Lindsey

the house and lot where we now reside situated on the west

side of Franklin Street and adjoining thereto, and on the south

side of North Street and adjoining thereto, in the Village of Delaware

County of Delaware and State of Ohio being In Lot No 4 NE

pt in said Village with all the appurtenances thereto belong=

ing - Also all my household goods, Store, goods and

chattles, Bonds, Stocks and personal property of every

(ston)

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 48)

[page 48]

[corresponds to page 15 of Delaware County Will Records Vol. 5 1869-1876]


15

Record of the Last Will of William E Lindsey decd


description whatsoever and money - excepting the sum of $600.00

hereinafter devised

Item 3rd I give and devise to my sister Mary W Lindsey

the undivided Equal one-third part interest and Estate in and

to a farm situated in PeePee Township Pike County Ohio - known

as the "Lindsey farm" and now owned Jointly by myself Joepsh

W and Mary W Lindsey heirs at law of Enos Lindsey decd

consisting of about Two Hundred and Thirty-three of land all-

together - also I give and devise to my said Sister Mary W

Lindsey the sum of Six Hundred dollars to be paid to her

by my Executrix as follows, One Hundred dollars

immediately after my decease, and the remainder in Equal

Semi annual payments until paid in full, and if there should

not be sufficient funds in cash in the hands of my Executrix

to pay said sum of $600 as it becomes due that she sell

at private sale a sufficient amount of my personal

property hereinbefore devised to pay said $600.

Item 4th I do hereby nominate and appoint my wife Mary

Executrix of this my last and testament.

In testimony hereof I have hereunto set my hand and

seal this 10th day of February AD 1869

W.E. Lindsey, {seal}

Signed and acknowledged by said William E Lindsey as his

last will and testament in our presence and signed by us in

his presence

Wm M Dalbey {U.S. Stamps}

J. Hipple. {$4 00/100 }

(End of Will)

(Copy of Testimony)

The State of Ohio }

Delaware County ss } In the matter of the last will and testament

of William E Lindsey late of the Town of Delaware in this

County decd. We William Dalbey and Jackson Hipple

being duly sworn in open Court this 29th day of May AD 1869,

dipose and say that we were present at the Execution of the last

will and testament of William E Lindsey decd of Delaware Ohio

hereto annexed, bearing date 10th day of February 1869;

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 in

his presence and in the presence of each other

Wm M Dalbey

J Hipple

Sworn to and subscribed before me, in the Probate Court this

29th day of May AD 1869.

T. W. Powell, Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 49)

[page 49]

[corresponds to page 16 of Delaware County Will Records Vol. 5 1869-1876]


16

Record of the Last Will of James B. Fowler 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 12th day of June AD 1869

The following is the Journal Entry towit

June 12th 1869

Will and Estate of James B Fowler decd

This day the last will and testament of James B Fowler decd late

of Orange Township was presented to the Court for probate and

record. Thereupon Caleb Hall and Alonzo A Hall the subscrib=

ing witnesses thereto came and were duly sworn and examined

and their examination reduced to writing and annexed to the said

will. Thereupon it appearing to the Court that the 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 therefore ordered that

the said will be admitted to probate and record as the last will

and testament of the said James B Fowler, and ordered to be

recorded as such

It appearing that Major Bartholemew the Executor named in

said will declines to act as such; on motion the Court appoints

Gustavus Ellsbree and William S Piatt Administrators with the

will annexed to settle the said Estate in conformity with the will

and the law. The said Adm is acceptd the said appointment

and gave bonds in the sum of $3000. with William P Wentz and

Walter T Watson their surities. Hiram Gregory, Chauncy Smith

and Daniel Andrews appraisers of the said Estate

T W Powell

Probate Judge

(Copy of the Will)

In the name of the Benevolent Father of all!

I James B Fowler of Orange Delaware Co in the State

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

Item 1st It is my will that all my just debts be paid out of

my Estate

Item 2nd I give and devise to my son Bars C Fowler

at my decease one Dollar it being all that I give him out of

my Estate

Item 3rd I give and devise to my son Marc W Fowler if he

should ever return home one Dollar it being all that I give

him out of my Estate

Item 4th I give the rest of ^all my property to my other four heirs

in equal proportions as follows -- I give to my son Jacob C

Fowler's heirs one fourth of the said property above named

I also give to my son Moses W Fowler's heir one fourth of

said property as above named. I also give to my daug-

hter Betsey J Piatt one fourth of said property as above

named. I also give to my Daughter Antinett Ellsbree

one fourth of said property as above named

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 50)

[page 50]

[corresponds to page 17 of Delaware County Will Records Vol. 5 1869-1876]


17

Record of the Last Will of James B Fowler decd


N. B, The above named property is to be paid to my heirs at my

decease. I do hereby revoke all former wills by me made

Item 5th I do hereby nominate and appoint Major Bartholemew

-- of this last will and testament. In testimony whereof

I have hereunto set my hand and seal this Seventh day of July

in the year 1866 J.B. Fowler {seal}

Signed and acknowledge by said James B Fowler as his last

will and testament in our presence and signed by us in his

presence Caleb Hall

A.A. Hall {U.S. Stamp }

{$1 00/100 X}

(Copy of Testimony)

The State of Ohio }

Delaware County, ss, } In the matter of the last will and

testament of James B Fowler late of Orange Township in

this County decd

We Caleb Hall and Alonzo A Hall being

duly sworn in open Court this 12th day of June AD 1869, depose

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

and testament of James B Fowler of Orange Township hereto

annexed bearing date Seventh day of July 1866: that we saw

the sam 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 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

Caleb hall

Alonzo A hall

Sworn to and subscribed before me, in the Probate Court, this

12th day of June AD 1869

T W Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 51)

[page 51]

[corresponds to page 18 of Delaware County Will Records Vol. 5 1869-1876]


18

Record of the Last Will of David G Cruickshank 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 day of AD 1869

The following is the Journal Entry towit -

June 17th 1869

Will and Estate of David G Cruckshank decd

This day the last will and testament of David G Cruickshank

late of Liberty Township decd was presented to the Court for

probate and record. Thereupon Richard H Humphreys

and Thomas F Joy the two subscribing witnesses thereto came

into Court and were duly sworn and examined and their

testimony reduced to writing annexed to the said will and

filed therewith and the Court finding 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

therefore ordered that the said will be admitted to probate

and record as duly proved as the last will and testament of

the said David G Cruikcshank decd, and it is ordered

to be recorded as such.

Thereupon letters testimentary were granted to Mrs

Eliza Cruickshank the widow - the Executrix named in

the will, who gave bonds in the sum of $3000 with D B Baker

and R B Baker her surities; who received her letters

no appraisers.

And upon full consideration thereof the said widow

Eliza B Cruickshank delcared that it was her choice

and election to take under the will according to the terms

thereof instead of according to law without the said will

T W Powell

Probate Judge

(Copy of Will)

Will

I David G Cruickshank of Delaware County Sate of

Ohio being of sound mind and 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 wills and testaments and writings in the nature

of last will and testaments by me heretofore made.

My will is first that my funeral expenses and all my

just debts be paid by my Executrix hereinafter named.

The residue of my Estate and property which shall not

be required for the payment of my just debts, funeral charges

and the expenses attending the execution of this my will

and the Administration of my Estate I give devise and

dispose thereof as follows

1st I give and devise to my beloved wife Eliza B

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 52)

[page 52]

[corresponds to page 19 of Delaware County Will Records Vol. 5 1869-1876]


19

Record of the Last Will of David G. Cruickshank, decd

Cruickshank all my household furniture, clothing and book

and all my personal property consisting of horses, cattle, sheep

hogs and all other stock and all the Farming Implements, wagons

harness etc that may be on the premises on which I now reside

at the time of my decease also all moneys & credits due me

or on hand at the time of my ^said decease To have and To hold to

her and her heirs assigns Executors and Administrators to her

and their use and behold forever.

2nd I give bequeath and devise to my said beloved wife Eliza

B Cruickshank, the entire, exclusive and undivided use and

control, rents, profits & benefits of the farm on which we now

reside & hereinafter described and all buildings & improve-

ments thereon To have and to hold during her natural life

said farm is situated in Delaware County State of Ohio and

in Range Nineteen (19) Township four (4) Section four (4) of

the United States Military survey & being the north east

part of Lot No 20 containing one hundred and fourteen

acres 135 4/10 perches of land more or less, bounded on the west

by the center of the old turnpike road - north by the center of the

County road - east by the section & Range line & south by

50 acres ^of land set off & quit claimed to Mrs Jane Leonard.

3rd all the residue of bequests & devises herein given to my

said beloved wife Eliza B Cruickshank both personal & real

which my said wife shall not have used for her support &

comfort or disposed of during her life time I give & bequeath

to my aforesaid Children

3rd All the rest of my Estate not herein before devised I give

and devise to all my Children - Olive L Young wife of

Wm B Young, Stephen L Cruickshank David G Cruickshank

Jr. Eliza J Cruickshank, Clarissa P Janes wife of Samor

Janes Wm W Cruickshank, Oliver D Cruickshank, Lavina

G. Cruickshank & Lawrence A Cruickshank to be equally

divided between them taking into the account all advances

of money or property made to any or all of them by me in

my life time as stated in a book in which said account

of advances are entered & per receipts given by said recip=

ients of advancement, and

4th All the residue of bequests and devises herein given

to my said Beloved wife Eliza B Cruickshank both personal

and real which my said wife shall not have used for her

support and Mandaman comfort or disposed of during her

life-time. I give & bequeath to my aforesaid Children as herein

above named to be equally divided among my said children

it being my will that if any of my children shall die previous

to the decease of my said beloved wife leaving children, that their

children shall inherit their Parents proportion of my Estate.

Also it is my will that in case any of my said children shall

die during the lifetime of my said beloved wife, her Item 3d in this

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 53)

[page 53]

[corresponds to page 20 of Delaware County Will Records Vol. 5 1869-1876]


20

Record of the Last Will of David G Cruickshank decd


will that their children receive their parents proportion of said

Item 3d aforesaid

And I nominate and appoint my wife Eliza B Cruickshank

to be the sole Administratrix of this my last will and test=

ament.

In testimony whereof I the said David G Cruickshank

have hereunto set my hand and the seal subscribed my name

and affixed my seal this day of November Ad 1866

David G Cruickshank {seal}

Signed sealed and declared by said David G Cruickshank to be

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

have subscribed our names as witnesses hereto in the presence

of each other

R H Humphreys

T F Joy {U.S. Stamps}

James Eaton {$8.00/100 XX}

(Copy of Testimony)

The State of Ohio }

Delaware County ss } In the matter of the last will and testament

of David G Cruickshank late of Liberty Tp in this county

decd

We, Richard H Humphreys and Thomas F Joy being being duly

sworn in open Court this 17th day of June AD 1869, depose and

say that we were present at the Execution of the last will and

testament of David G Cruickshank of Liberty Township

in this County hereto annexed bearing date day of

November AD 1866: 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 in his presence and

in the presence of each other

R H Humphreys

Thos F Joy

Sworn to and subscribed before me in Probate Court, this

17th day of June AD 1869

T W Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 54)

[page 54]

[corresponds to page 21 of Delaware County Will Records Vol. 5 1869-1876]


21

Record of the Last Will of Jacob Fry 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 14th day of August AD 1869

The following is the Journal Entry towit

August 14th 1869

Will and Estate of Jacob Fry decd

The last will and testament of Jacob Fry late of Brown Township decd

was presented to the Court for probate and record, and thereupon Marshall

M Glass one of the subscribing witnesses to the will came into court

and were duly sworn and examined: and the other witness to the

same James M Abrams having died William E Moore was also

sworn and examined, and their testimony reduced to writing and

annexed to the said will and filed therewith: and it then 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 therefore ordered that the said will be admitted

to probate and record as duly proved as the last will and testament

of said Jacob Fry decd and ordered to be recorded as such

(No letters issued) T W Powell

Probate Judge

(Will)

In the name of the Benevolent Father of all


I, Jacob Fry of Brown

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 situate in Brown Township Delaware County

Ohio during her natural life or so long as she shall remain

my widow. Also all the personal property I hold at my decease

I give and bequeath to my said wife during her natural life, except

that which is mentioned in Item Second. At the death of my said

wife the real Estate and personal property aforesaid I devise

and bequeath to William Hendren Fry aged nineteen years.

If however said William Hendren Fry should die before the

death of my wife having no children, then at the death of my

said wife I devise and bequest the aforesaid property to the

heirs of Caroline Hipple.

Item 2nd I give and bequeath to William Hendren Fry one bay

horse and one buggy and one hundred dollars in money.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and

seal this tenth day of September AD 1868

his

Jacob x Fry {seal}

mark

Signed and acknowledged by said Jacob Fry as his last will

and testament in our presence and signed by as in his presence

{U.S. Stamps} J.M. Abrahams

{$2 00/100 X} M.M. Glass

over

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 55)

[page 55]

[corresponds to page 22 of Delaware County Will Records Vol. 5 1869-1876]


22

Record of the Last Will of Jacob Fry, deceased


The State of Ohio }

Delaware County ss } In the matter of the last will and testament

of Jacob Fry late of Brown Township in this County decd

I, Marshall M Glass, who was witness to said

will with James M Abrahms who is now deceased being duly

sworn in open Court this 7th day of August AD 1869, depose and

say that we, this affiant and James M Abrahms were present at the

Execution of the last will and testament of Jacob Fry of Brown

Township hereto annexed, bearing date 10th 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 at his request and in his presence

and in the presence of each other, and further says that said James M

Abrahams has since departed this life, having died May last

and at the same time came William E Moon who being duly sworn

says that he was well acquainted with said Abraham in his lifetime

and acquainted with his hand writing and would say on looking at

the signature on said will that it was his hand writing.

M M Glass

W E Moore

Sworn to and subscribed before me, in the Probate Court this 7th Day

of August AD 1869 T W Powell

Probate Judge


Record of the Last Will of Cynthia A Safford 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 October AD 1869

The following is the Journal Order made on that day, to wit:

October 25th 1869

Will of Cynthia A Safford decd, Ordered to be recorded

This day the authenticated copy from the record of the Probate

Judge of Union County in the State of Ohio, of the probate of the

last will and testament of Cynthia A Safford late of the said

County of Union, decd, as admitted to record in the Probate

Court of the said County of union on the 10th day of July AD

1869. and this Court being satisfied that the said will related

to property in this County orders that the same be recorded

and entered on record in this Court.
T.W. Powell,

Probate Judge

Union County Probate Court July 10th 1869

Cynthia A Safford's }

Will } Be it rememberd that this day

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 56)

[page 56]

[corresponds to page 23 of Delaware County Will Records Vol. 5 1869-1876]


23

Record of the Last Will of Cynthia A Safford decd


the last will and testament of Cynthia A Safford was presented

Court by Pelethia Safford, and Alpheus Stumm and Catherine

Stumm the subscribing witnesses to said will appeared as witnesses

in Court and on oath testified to the due execution of said will

which testimony was reduced to writing by me, and by said witnesses

subscribed and filed with said will and it appearing to the Court by

said testimony that said will was duly attested and executed and the

said Cynthia A Safford at the time of making signing and sealing said

will, was of legal age and of sound and disposing mind and memory

and and under no undue or unlawful restraint whatsoever.

It is therefore ordered by the Court that the said will and the test-

imony be recorded.

The said will and the testimony so reduced, are recorded herein

in the words following, to wit:

I, Cynthia A Safford of the

County of Delaware Union, State of Ohio do make and publish

this my last will and testament.

I give and bequeath to my husband Pelethia Safford my

House and Lot to wit being part of Out Lots as twelve (12)

thirteen (13) as designated B & G on the Plat of the Town of Norton

in the County of Delaware in the Sate of Ohio, also ^all my House

hold goods, except my Coverlid for Bed which I give and

devise Mrs Serena Mansen during her natural lifetime and

at her death to go to her daughter Serena Mansen.

In testimony hereof I have hereunto set my hand and seal

this twenty seventh day of July As Eighteen Hundred and sixty

seven Cynthia A Safford {seal}

Signed and acknowledge by said Cynthia A Safford

as her last will and testament and in our present and signed

by us in her presence

Alpheus Stumm

Catherine Stumm

The State of Ohio Union County, ss. } Probate Court

personally appeared in open Court

Alpheus Stumm and Catherine Stumm the subscribing

witnesses to the last will and testament of Cynthia A Safford decd

who being duly sworn according to law to speak the truth, the whole

truth & nothing but the truth in relation to the execution of said

will depose and say that the paper before them purporting to be

the last will and testament of Cynthia A Safford now deceased

present at the Execution of said will at the request of the test-

ix subscribed their names to the same as witnesses in her

presence and that they saw the said Cynthia A Safford died

sign and seal said will and heard her acknowledge the same

to be her last will and testament and that said Cynthia

A Safford at the time of making signing and sealing said

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 57)

[page 57]

[corresponds to page 24 of Delaware County Will Records Vol. 5 1869-1876]

24

Record of the Last Will of Cynthia A Safford decd

will was a legal age and of sound mind and memory and

under no undue or unlawful restraint whatsoever.

Alpheus Stumm

Catherine Stumm

Sworn to and subscribed in open Court this 16th day of July

AD 1864 James R Smith Probate Judge

The State of Ohio Delaware County ss

James R Smith Sole Judge and

in office Clerk of the Probate Court - of said county do hereby

certify the foregoing will Testimony and Journal Entry are

Justly taken and correctly copied from the files and records

of said Court.

In testimony whereof I have hereinto affixed my

{ SEAL } signature and the seal of said Court at Marysville

this 14th day of July AD 1869

James R Smith Probate Judge


Record of the Last Will of George Clack decd

Proceedings had before Thomas W Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio at the Court

House in the Town of Delaware on the 28th day of December AD 1869

Therefore to wit on the 28th day of December AD 1869 the following

order was made in the Journal as follows towit~

December 28th 1869

Will of George Clack late of Union County deceased

This day the authenticaed copy of the last will and testament

of George Clack late of Union County decd as proved and admitted

to record in the Probate Court of Union County Ohio on the 9th day of March

day was presented for record in this Court. And this Court being satisfied

that the said will related to real property in this County, it is ordered

that the same be admitted to record and recorded in this Court and

County T W Powell Probate Judge

The following is a copy of the said will and the proof thereof,

with the certificate of the said court of Probate of Union County and

towit "Union County Probate Court March 9th 1869

George Clark's } Be it remembered that on this day March
}
Will } 9th 1869 the last will and testament of George Clark

late of Union County Ohio deceased was produced in Court by

Henry C. Targust, the Executor named in said will and William H

Ferguson and S Walker the subscribing witnesses to said will appeared

in open Court and on oath testified to the due execution of and will

which testimony was reduced to writing by me and by said witnesses

subscribed and filed with said will, and it appearing to the Court by said

testimony that he said will was duly attested and executed that the said

testator at the time of making signing and sealing said will was of

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 58)

[page 58]

[corresponds to page 25 of Delaware County Will Records Vol. 5 1869-1876]

25

Record of the Last Will of George Clark deceased


legal age and of sound mind, memory and not under any restraint what-

soever. It is therefore ordered by the Court that the said will and the testimony

be recorded. The said will and testimony are recorded herein in the words

following, towit.

"In the name of the Benevolent Father of all!

I George Clark of Clarebom Township Union County Ohio do

make this my last will and testament.

1st It is my will that as soon after my decease as may be deemed

proper, my funeral expenses be paid out of my Estate

2nd I will and bequeath to Clarky Galloway One Hundred Dollars

3rd All the residue of my property effects both real & personal I will and

bequeath to my Nephew Henry C Tonguet in view of his having

taken care of me in my old age & in view of his still taken care of

me during my natural lifetime. And it is my will that my Estate

be settled without Court charges and hence I constitute & appoint my

said Nephew Henry C Tonguet my Executor and authorize him to

pay my funeral expenses after my decease and to pay the One Hundred

Dollars - above mentioned to my Niece Charky Galloway within

one year after my deceased and to fully carry out the provisions

of this my last will and testament.

In testimony whereof I have hereunto set my hand and

seal this 18th day of December AD 1866

George Clark {Seal}

Signed by George Clark in our presence & signed by us in his presence

W H Ferguson

S Walker


The State of Ohio}
}
Union County ss }

Personally appeared in open court W H Ferguson

& S Walker the subscribing witnesses to the last will and testament of

George Clark deceased who being duly sworn according to law to

speak the truth the whole truth & nothing but the truth in relation

to the execution of said will, depose and say what the paper before

them purporting to be the last will and testament of Geoerge Clark

now deceased is the last will & testament of deceased George Clark

that they were present at the execution & at the request of the testator sub-

scribed this names as witnesses to the same in his presence and that they

saw the said George Clark deceased sign & seal said will & heard him ack-

nowledge the same to be his last will & testament that they said George

Clark at the time of making signing & sealing was of legal age & of sound

& deposing mind & memory & under no undue or unlawful restraint

whatsoever W H Ferguson

S Walker

Sworn to & subscribed before me this 9th day of March AD 1869

James R Smith Probate Judge

The State of Ohio }
}
Delaware County ss } In the Probate Court

James R Smith Probate Judge in & for

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 59)

[page 59]

[corresponds to page 26 of Delaware County Will Records Vol. 5 1869-1876]

26

Record of the Last Will of William Dodds deceased

said County so hereby certify the forgoing to be a true copy of the will of

George Clark decd the probate & record thereof

In testimony whereof I have hereunto set my hand

{Seal} & the seal of said court of Marysville this 3rd day of

November AD 1869

James R Smith Probate Judge

___________________________________

Record of the Last Will of William Dodds deceased

Proceedings had before Hon Thomas W Powell Judge of the Court

of Probate in & for the County of Delaware & State of Ohio, at his

office in the Court House in the Town of Delaware, on the 1st day of

September AD 1869

Therefore, to wit- on said 15th day of Sept - AD 1869 the follow

ing order was made in the Journal as follows towit~

September 15th 1869

Will and Estate of William C Dodds deceased

This day the last will & testament of William C Dodds late of

Scioto Township was presented to the court and were duly sworn &

examined & this testimony reduced to writing & filed with said

will and it therefore appearing to the Court that the said will was

duly executed & attested & that the testator at the time of executing

the same was of full age of sound mind & memory & not under any

restraint, it is therefore ordered that the said will be admitted to probate

as duly found as the last will & testament of said William C Dodds

& be recorded as such (No letters)

T W Powell

Probate Judge

The following is the record of said will, towit~

"In the name of the Benevolent Father of All!

I William C Dodds of the County of Delaware, Ohio, do make and

publish this my last will & testament.

Item 1st I give and devise to my son William A Dodds - all of my

property both real & personal in fee simple____________________________

which shall remain after paying my first debts upon the conditions

following, towit: that he shall take care of maintain & support his

Mother - Mary Dodds - during her natural life - if she shall out live

me - and upon the further conditions that he pay to my son Robert C

Dodds the sum of One Thousand Dollars within one year after my

decease - or one year after the death of my wife Mary Dodds - if she shall

out live me: and upon the further condition that he pay to my grandson

Clarence Dodds the sum of Ten Dollars.

Item 2nd I do hereby nominate and appoint my son William H

Dodds Executor of this my last will & testament: I desire that the

appraisement of my personal property be made & that the Court

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 60)

[page 60]

[corresponds to page 27 of Delaware County Will Records Vol. 5 1869-1876]


27

Record of the Last Will of William C Dodds deceased

of probate direct the omission of the same in puranance of the Statute

In testimony that this is my last will & testament I have

hereunto set my hand & seal this 23rd day of April 1869

Wm C Dodds {seal}

Signed & acknowledged by the said William C Dodds as his last will

& testament in our presence & signed by us in his presence as witnesses

at his request M C Lawrence

{U S Stamps} Joseph W Lawrence

{$2 00/100 X}


The State of Ohio }

Delaware County ss } In the matter of the Last Will & testament of

William C Dodds late of Scioto Township in said County deceased

We Marcinns C Lawrence & Joseph W Lawrence

being duly sworn in open Court this 15th day of September Ad 1869,

depose & say that we were present at the Execution of the last will and

testament of William C Dodds of Scioto Township in this County

hereto annexed, bearing date 23rd day of April 1869: that we saw the

said testator subscribe said will, & heard him publish & declare the

same to be his last will & testament & that the said testator, at the said

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

mind & memory, & not under any restraint, & that we signed the same

as witnesses at his request & in his presence & in the presence of each

other.

M C Lawrence

Joseph W Lawrence

Sworn to & subscribed before me in the Probate Court, this 15th

day of September Ad 1869

T W Powell Probate Judge


Record of the Last Will of Sarah Curtiss deceased

Proceedings had before Hon Thomas W Powell Judge of the Probate

Court in & for Delaware County, State of Ohio: at his office in the

Court House in the Town of Delaware on the 29th day of September

AD 1869.

Thereupon, towit: on said 27th day of Sept Ad 1869 the following

order was made in the Journal as follows towit

September 27th 1869

This day the last will & testament of Mrs Sarah Curtis late of Genoa Twp

decd was presented to the Court for probate and record. Thereupon Mary

Ann Jackson & Mary L Carter the two subscribing witnesses to the said

will came into Court & were duly sworn and examined & their testimony

reduced to writing annexed to the said will & filed therewith. And it

appearing 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 of sound mind

& memory & not under any restraint. The Court upon consideration

orders that the said will be admitted to probate as duly proved as the last

will & testament of and Sarah Curtis decd & ordered to be recorded as such

(Signed) T W Powell Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 61)

[page 61]

[corresponds to page 28 of Delaware County Will Records Vol. 5 1869-1876]


28

Record of the Last Will of Sarah Curtis deceased


The following is the record of said will, towit: --

I Sara Curtis of the Twonship of Genoa & County of Delaware

& State of Ohio being of sound mind & memory and considering the

uncertainity of this frail and transitory life, do therefore made & declare

this to be last will & testament; that is to say. First after all

my lawful debts are paid then I will One Hundred Dollars apiece

to each of the children of my Brother Rufus Carter. Then One Hundred

Dollars apiece to each of the children of my Brother Lewis Carter.

Fourth, and to Sarah C Croxton one hundred dollars. And I give &

bequeath and devise all the remainder of my Estate real and personal

to be equally divided between my Brothers Jonas Carter, James Carter

Samuel Carter and my Sister Mary Ann Jackson.

In testimony whereof I have hereunto subscribed my name and

affixed my seal this thirty first day of July in the year of our Lord

One Thousand Eight Hundred & sixty nine.

{U S Stamp} Sara Curtis {seal}

$1 50/100 x}

The above written instrument was subscribed by the said

Sara Curtis in our presence and acknowledged by her to each of us:

and she at the same time published and declared the instrument so

subscribed to be her last will and testament, and we at the testament

request and in her presence and in the presence of each other have signed

our names as witnesses hereto Mary Ann Jackson

Mary L Carter

The State of Ohio }

Delaware County ss }

In the matter the last Will & Testament of Sarah

Curtis of Genoa Township in said County decd.

We Mary Ann Jackson and Mary L Carter

being duly sworn in open Court this 29th day of September AD 1869,

depose & say that we were present at the Execution of the last will &

testament of Sarah Curtis of Genoa Township in this County decd

hereto annexed bearing date 31st day of July 1869; that we saw said

testator subscribe said will & heard her publish & 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 & memory

& not under any restraint, and the we signed the same as witnesses

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

Mary Ann Jackson

Mary L Carter

Sworn to and subscribed before me in the Probate Court this 29th day

of September AD 1869

T W Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 62)

[page 62]

[corresponds to page 29 of Delaware County Will Records Vol. 5 1869-1876]


29

Record of the Last Will of Mary Freshwater deceased

Proceedings had before Hon 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 the 16th day of October AD 1869

Thereupon, towit, on the said 16th day of Oct AD 1869 the following order

was made in the Journal as follows, towit:-

October 16th 1869

Will & Testament of Mrs Mary Freshwater decd

This day the last will and testament of Mrs Mary Freshwater decd widow

of the late John Adam Freshwater of Concord Township decd was presented

to the Court for probate and record. Thereupon William A Black and

James Cutler 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 attested, and that the said testatrix at the times of executing

the same was of full age of sound mind and memory and not under

any restraint. On consideration thereof it is ordered that the will be

admitted to probate as duly proved as the last will and testament of the

said Mary Freshwater dec and ordered to be recorded as such.

Thereupon upon motion James Cutler is appointed Administrator

of the said Estate of said Mary Freshwater decd with the will annexed, who

gave bonds in the sum of $2000 with Merlin Benton and Orra Presley

his surities, and the Court appoint William Loveless John Kuhns and

Joseph R Corbin - appraisers of the said Estate. (Letters issued)

T. W. Powell,

Probate Judge

The following is the record of said will & proof thereof as follows towit,-

In the Name of the Benevolent Father of All!

I Mary 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 daughter Sarah Jane Hannawalt

Thirty Dollars which she has already got.

Item 2nd I give and devise to my daughter Ann Eliza Penn, Three

Hundred & Fifty Dollars which she has already got.

Item 3rd I give and devise to my daughter Malinda Jane, and

Sons John Emanuel and David Leroy, all the wheat, all the corn

all Farming Utensils, all Stock, Horses Cows, Cattle Sheep & Hogs

and Household goods to be divided Equally without public sale.

Item 4th I give and devise to my Daughter Malinda Jane, all

moneys that may be due me on notes or otherwise at my decease.

Item 5th I do hereby nominate and appoint my Esteemed Brother=

in law George Freshwater and his Esteemed Son David Fresh=

water Guardians for my daughter Malinda Jane and Son

John Emanuel & David Leroy until they arrive of age.

My said Guardians are hereby enjoined to give my children

a good English Education and to rear them in habits of industry

Item 6th I devise that no appraisment and no sale of my personal

property be made.

In testimony hereof I have hereunto set my hand and

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 63)

[page 63]

[corresponds to page 30 of Delaware County Will Records Vol. 5 1869-1876]


30

Record of the Last Will of Mary Freshwater deceased


Seal this 4th day of October in the year 1869

Mary Freshwater {seal}

Signed & acknowledged by said Mary Freshwater as her last will

and testament in our presence and signed by us in his presence

{U S Stamp} William A Black

{$1 00 x} James Cutler

The State of Ohio }

Delaware County ss }

In the matter of the last will and testament of

Mary Freshwater late of Concord Township in said County, decd

We James Cutler and William A Black being

duly sworn in open Court this 16th day of October AD 1869, depose

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

testament of Mary Freshwater of Concord Township hereto annexed;

that we saw said testatrix sign said will and heard her publish &

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 & in her presence & in the presence

of each other William A Black

James Cutler

Sworn to & subscribed before me, in the Probate Court this 16th day

of October Ad 1869 T. W. Powell

Probate Judge


Record of the Last Will of Thomas O'Connor decd


Proceedings had before Hon Thomas W Powell Judge of the

Probate Court in and for the County of Delaware and State of Ohio

at his office in the Court House in the Town of Delaware, on

the 19th day of October AD 1869

Thereupon, towit on the said 19th day of October AD 1869 the

following order was made in the Journal as follows towit:

October 19th 1869

Will and Estate of Thomas O'Connor decd

This day the last and testament of Thomas O'Connor late of East

Delaware deceased, was presented for probate and record.

Thereupon Joseph Haas and Charles H. McElroy 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 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 was of full age of sound

mind and memory & not under any restraint. Thereupon upon

consideration it is ordered that the said will be admitted to probate

and record as duly proved as the last will and testament of the

said Thomas O'Connor deceased, and ordered to be recorded

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 64)

[page 64]

[corresponds to page 31 of Delaware County Will Records Vol. 5 1869-1876]


31

Record of the Last Will of Thomas O'Connor deceased


as such. Thereupon Daniel Maloney Executor named in the

will came into Court and gave bonds in the sum of $2000 with

Edward Keeffe & Michael Doyle his surities. And the Court

appoint Lawrence Keeffe, Martin Kelleher and John Donnohue

appraisers of the said Estate (Letters issued)

T W Powell

Probate Judge

The following is the record of said will & the proof thereof as

follows towit:-

In the name of the Benevolent Father of All! I Thomas

O'Connor being of sound mind and memory & understanding do hereby

make publish and declare this to be my last will and testament, hereby

revoking all former wills heretofore by me made

First It is my will that all my Just debts charges & expenses be first

paid out of my personal property and the residue of the same I devise

& bequeath to my beloved wife, Excepting the Horses & wagon.

Second I devise my house & Lot on north Street now occupied by

me as a Homestead to my Beloved wife as a home during her

natural life and on her death to my Son John -- and I hereby

declare the above devise and bequest to my Beloved wife to be

in lieu of her Dower.

Third I devise to my Daughter Eliza the four acre tract of

land back of the Fair Grounds in Delaware County Ohio.

Fourth The Lot on Flax Street & back of my Homestead I

devise to my Son James, and it is my will that the ninety dollars

due on the same shall be paid by my wife & son John and shall

be left clear for my son James.

Fifth It is my will that the Horses Harness & wagon shall not be

included in the property to be disposed of for the payment of debts, and

I devise & bequeath the same to my son Michael.

Sixth All the rest of my Real Estate I devise to my three daughters

Mary Margaret & Kate in Equal Shares.

I hereby nominate & appoint Daniel Maloney as

the Executor of this my last will & testament.

In witness whereof I have hereunto set my hand and

Seal this 23rd day of September 1869.

Thomas O'Connor, {seal}

Signed acknowledged & declared by Thomas O'Connor to be his last

will & testament in our presence and signed by us in the presence

of each other Joseph Haas

{U.S. Stamp} C.H. McElroy

{$1.00/100 x}

The State of Ohio Delaware County, S.S.

In the matter of the Last Will & testament of Thomas

O'Connor of East Delaware deceased.

We, Joseph Haas & Charles H. McElroy

being duly sworn in open court this 19th day of October AD 1869

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

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 65)

[page 65]

[corresponds to page 32 of Delaware County Will Records Vol. 5 1869-1876]


32

Record of the Last Will of Thomas O'Connor deceased


Will & testament of Thomas O'Connor of East Delaware, hereto annexed

bearing date 23rd day of September 1869: that we saw said testator sub=

scribe 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 of sound mind & 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

Joseph Haas

Charles H. McElroy

Sworn to and subscribed before me in the Probate Court, this 19th day of

October AD 1869 T W Powell

Probate Judge


Record of the Last Will of John Sherman deceased


Proceedings had before Hon Thomas W Powell Judge of the

Probate Court in & for the County of Delaware & State of Ohio

at his office in the Court House in the Town of Delaware on the

29th day of November AD 1864.

The following is the order made in the Journal on the said

29th day of November AD 1869 - as follow towit: -

November 29th 1869

Will & Estate of John Sherman decd

This day the last will and testament of John Sherman late of Berlin

Township decd was presented for probate and record: And thereupon

Joel Cleveland and Jacob R Williams the two subscribing witnesses

came into Court and were duly sworn and examined & their testimony

reduced to writing & filed with the will. And it appearing that the will

was duly executed and attested and that the testator at the time of

executing the same was of sound mind & memory & not under any

restraint, it is ordered that the said will be admitted to record as

duly proved to be the last will & testament of the said John Sherman

deceased T W Powell

Probate Judge


The following is the record of said will & proof thereof, as follows towit

In the Name of the Benevolent Father of All!

I John Sherman of the County of Delaware & State of

Ohio do make and publish this my last will & testament.

Item 1st I give and devise to my beloved wife all my property

both real and personal my real Estate consists of the farm on which

I now live containing one hundred and twenty five acres.

The principal property above refered to consists of all the stock -

household goods and chattels which may be on the farm at my decease.

She selling so much of the property real or personal or both as shall

be necessary to pay all my debts the sales to be made at public or

private as she may see proper. After the payment of all my debts

then the property to be kept together & be the home for the family

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 66)

[page 66]

[corresponds to page 33 of Delaware County Will Records Vol. 5 1869-1876]


33

Record of the Last Will of John Sherman deceased


until my youngest child which is now about Eight years old shall

become of age and then my Entire Estate to be the property of my wife

fosim and I do appoint my wife Executrix of this my last will.

In testimony hereof I have hereunto set my hand and seal this 25th

day of October in the year 1869

John Sherman {seal}

Signed and acknowledged by said John Sherman as his last will &

testament in our presence & signed by us in his presence

{U S Stamps} Joel Cleveland

{$3 00 x} Jacob R Williams

The State of Ohio }

Delaware County SS }

In the matter of the last will & testament of John

Sherman late of Berlin Township in said County, deceased.

We Joel Cleveland and Jacob R Williams

being duly sworn in open Court this 29th day of November AD 1869,

depose and say that we were present at the Execution of the last will &

testament of John Sherman of Berlin Twp in this County, hereto

annexed, bearing date 25th day of October 1869: that we saw 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 of sound mind & memory &

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

Joel Cleveland

J R Williams

Sworn to & subscribed before me, in the Probate Court, this 24th day

of November Ad 1869

T W Powell

Probate Judge


Record of the Last Will of Mrs Lucinda Mcallister deceased


Proceedings had before Thomas W Powell Judge of the Probate Court

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

Town of Delaware on the 3rd day of June Ad 1869.

The following is the order made in the Journal on the 21st day of January

AD 1870, the following order was ma

Will and Estate of Lucinda McAllister deceased

On the 3rd day of June last Robert Wilson and Martha J Wilson

appeared in Court and were duly sworn and examined as witnesses

to the last will and testament of Lucinda McAllister decd and their

testimony, reduced to writing, annexed to the will and filed therewith

And the same having been taken under consideration untill now,

and it now 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, of sound mind & memory & not under any restraint; it

is thereupon ordered that the said will be admitted to probate & record as

duly proved us the last will & testament of Lucinda McAllister deceased

and ordered to be recorded as such T W Powell Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 67)

[page 67]

[corresponds to page 34 of Delaware County Will Records Vol. 5 1869-1876]


34

Record of the Last Will of Lucinda McAllister deceased

(Record of the Will)

Know all men by these Present,

That I Lucinda McAllister of the

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

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

as follows and first I devise and bequeath to my beloved Daughter

Margaret S McAllister One Thousand Dollars in money to

be paid ^her out of my Estate by my Executor or Administrator as

soon after my decease as he can obtain the money, and the said

Margaret S McAllister is to have all my beds, bedsteads &

beding and all my household and kitchen furniture.

And I devise and bequeath all the residue of my Estate to

be equally divided between my sons Jassey M. Mcallister

Richard F. McAllister and my Grandson John C Gaston.

In testimony whereof I have set my hand and seal

this 10th day of August 1866.

In presents of }

Robert Wilson } Lucinda McAllister {seal}

Martha J Wilson }


The State of Ohio }

Delaware County ss } In the matter of the last will & testament

of Lucinda McAllister late of Berkshire Township in this

County deceased.

We Robert Wilson and Martha J Wilson

being duly sworn in open Court this 9th day of March AD 1869,

depose and say that we were present at the Execution of the last will

and testament of Lucinda McAllister of Berkshire Township hereto

annexed, bearing date 19th day of August 1866: that we saw said

testatrix subscribe said will, and heard her publish & 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 in her presence and in the

presence of each other

Robert Wilson

Martha J. Wilson

Sworn to & subscribed by said Robert Wilson before me in the

Probate Court this 9th day of March AD 1869 and by said Martha

J Wilson this 3rd day of June AD 1869.

T W Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 68)

[page 68]

[corresponds to page 35 of Delaware County Will Records Vol. 5 1869-1876]


35

Record of the Last Will of John Ryant deceased

Proceedings had before the Hon Thomas W. Powell, Judge of the

Probate Court within & for the County of Delaware and State of

Ohio; at his office in the Court House in the Town of Delaware

on the 18th day of January AD 1870

The following is the order made in the Journal on the

18th day of January Ad 1870.

Will & Estate of John Ryant decd

This day the last will and testament of John Ryant late of

Berlin Township in this County decd was presented for probate &

record; thereupon Joel Cleveland and David S Hoadley the subscribing

witnesses thereto came into Court & were duly sworn & examined

and their testimony reduced to writing, annexed to the will & filed

therewith; and it thereupon 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 &

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 John Ryant decd and ordered

to be recorded as such (No letters issued)

T W Powell

Probate Judge

(Record of the said will)

In the name of the Benevolent Father of All!

I John Ryant of

Berlin Township Delaware County Ohio do make & publish

this my last will and testament.

Item 1st. I give and bequeath to my daughter Louisa L Ryant

Fifteen Hundred Dollars

Item 2nd. I give and bequeath to my daughter Loanda A.

Place the sum of Seven Hundred Dollars

Item 3rd. I give and bequeath to my son James C Ryant the sum of

Seven Hundred Dollars.

Item 4th. I give and bequeath to my son John N Ryant the sum

of Seven Hundred Dollars

Item 5th. I give and bequeath to my son Florence L. Ryant, the

sum of One Thousand Dollars.

Item 6th. I give and bequeath to my daughter Lenora I Ryant

the sum of One Thousand Dollars

Item 7th. I give and bequeath to my two Grandchildren Cora L.

White and Charles Levins Ryant son of Levins R Ryant each

one hundred dollars.

All of the above mentioned sums of money to be made out

of the sale of my property both real & personal.

Item 8th. I do hereby nominate and appoint James C. Ryant

Executor of this my last will & testament hereby authorizing

and empowering him to compromise adjust release & discharge

in such manner as he may deem proper the debts & claims due

me. I do also authorize him to sell all of my real Estate either

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 69)

[page 69]

[corresponds to page 36 of Delaware County Will Records Vol. 5 1869-1876]

36

Record of the Last will of John Ryant deceased


at public or private sale as he may think best, and on such terms

as he may think best - he making deed to purchase in fee --

simple -- I further authorize and empower him to sell in like

manner as above either at public or private sale all my personal

property, except the household goods which shall belong to the house-

at the time of my decease, said household goods to be the property

after my decease of the three heirs which now compose my family

Louisa L Ryant, Lenora I Ryant and Florence L Ryant, and

also provisions sufficient for the use of the family for the space of

one year.

If after all my debts and expenses are paid, and also all the amounts

above bequeathed there should remain in the hands of the Executor

any money belonging to my Estate I desire the same to be equally

divided among all my heirs. If the whole amount should not

be sufficient to meet the several amounts disposed of above,

then subtract in like manner from all.

In testimony hereof I hereunto set my hand and seal

this 12th day of November in year 1869.

John Ryant {seal}

Signed and acknowledged by said John Ryant as his last will

and testament in our presence and signed by us in his presence

{U S Stamp} Joel Cleveland

{$3.00/100 x} D. S. Hoadley

The State of Ohio }

Delaware County, ss. } In the matter of the last will & testament of

John Ryant last of Berlin Township in this County deceased.

We Joel Cleveland and David S Hoadley

being duly sworn in open Court this 18th day of January AD 1870

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

will and testament of John Ryant of Berlin Township hereto

annexed, bearing date 12th day of November 1869, that we saw the

said testator subscribe said will & 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

Joel Cleveland

David S Hoadley

Sworn to & subscribed before me in the Probate Court, this 18th

day of January Ad 1870

T W Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 70)

[page 70]

[corresponds to page 37 of Delaware County Will Records Vol. 5 1869-1876]


37

Record of the Last Will of Frederick Wagoner decd


Proceedings had before Hon thomas W. Powell Judge of the

Probate Court in & for the County of Delaware and State of Ohio;

at his office in the Court House in the Town of Delaware on the 9th of

February AD 1870.

The following is the order made in the Journal on said 9th day

of February AD 1870 as follows towit: -

February 9th 1870

Will & Estate of Frederick Wagoner decd

The last will and testament and the codicils thereto amend

being presented to this Court, of the late Frederick Wagoner decd

of Delaware, for probate and record; and thereupon William

D Heim, Gregory Pfifar, John S Cox, Frederick Kurrley and

James M Crawford witnesses to prove the said will, who being

severally sworn and examined and their testimony reduced

to writing and annexed to the said will. Thereupon it appearing

to the Court that the said will and several Codicils thereto annexed

were duly executed and attested and that the said Frederick Wagoner

at the time of executing the same was of full age of sound mind &

Memory and not under any restraint; It is therefore considered

and ordered that the said will and Codicils be admitted to probate

as the last will and testament of the said Frederick Wagoner decd

and recorded as such.

Thereupon letter testementary were granted to David

Wagner the Executor named in the will, and no bonds are at

present required of him in pursuance of the will.

The Court appoint

Appraisers of the said Estate

T.W. Powell

Probate Judge

(Record of the Will)

In the name of the Benevolent Father of All. Amen!

Frederick Wagoner of the County of Delaware

and State of Ohio being of advanced age but of sound & ^deposing mind and

memory considering the uncertainty of this mortal life, the

certainty of death but the uncertainty of the time thereof do

make and publish this my last will and testament.

Item 1st. After all my Just debts and charges including funeral

expenses are fully paid. I dispose of the following real Estate

as follows towit:

Item 2nd. I give and devise unto my three children viz. Catherine

Woertz wife of Nicholas Woertz, Simeon Frederick Wagoner and

David Wagoner the following real Estate each one undivided

third part thereof in quantity and quality share and share

alike to wit: Seventy Eight acres and one hundred and

thirty four rods lying and being in Brown Township in

Delaware County and State of Ohio being Lot No Twenty,

Section Three Township Five and Range Eighteen USM Land

to have and to hold to them and their heirs and assigns forever.

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 71)

[page 71]

[corresponds to page 38 of Delaware County Will Records Vol. 5 1869-1876]


38

Record of the last Will of Frederick Wagoner deceased


Item 3rd It is also my will and I so devise that if either of my

said chidlren should die without lawful issue that his or

her share shall go to the remaining or surviving Brother or

Sister as the case may be and to their heirs and assigns.

Item 4th And I do hereby constitute and appoint my trusty

friend Nicholas Woertz my Executor of this my last will &

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 and 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 and

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, and I do

hereby revoke all former wills by me made, and declare

this to be my only and last will.

In testimony whereof I have hereunto set my hand

and seal this 28th day of October in the year of our Lord one

thousand Eight hundred and fifty seven

[illegible] name written in German {seal}

Signed and acknowledged by Frederick Wagoner as his

last will and testament in our presence and signed by us in

in his presence H.M. Stephen

Jas W Crawford

The State of Ohio }

Delaware County ss } In the Probate Court

James M Crawford being duly sworn

says that he has examined the last will and testament of

Frederick Wagoner decd hereto annexed dated 28th day of

October 1857 and witnessed by James W. Crawford and

Hugh M Stephen (who were father and uncle to this affient

and with whose signatures he was well acquainted and

can say that said signatures to said will are true & genuine.

And further says that said James W & Hugh M are both deceased

Jas M Crawford

Codicil

Be it known that I Frederick Wagoner of Delaware

County Ohio being of sound and disposing mind and

memory, do this day make the following Codicil and

modification of my will, to wit: -

Whereas Nicholas Woertz on or about the 3rd day of

October 1862 was killed on the Rail Road leaving Mary

Wortz and Jacob Frederick Woertz and probably a posthumous

child his heirs; and whereas I Frederick Wagoner in the

life time of said Woertz purchased and paid him for in Lot

57 in East Delaware without taking any Deed or written

instrument therefore and whereas I have sold said Lot

to George Kramer and have given him a written contract

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 72)

[page 72]

[corresponds to page 39 of Delaware County Will Records Vol. 5 1869-1876]


39

Record of the Last Will of Frederick Wagoner deceased


therefor and have consented that the heirs of said Nicholas Wortz

decd shall release their legal title to him when they come of

age -- Now I will to the heirs of the said Nicholas Woertz the property

and real Estate provided for in my will to which this is a Codicil

upon the Express condition that before they shall be entitled to

receive their proportion that they shall release to said Kramer their

title to said Lot, and make good my Contract of this date to

said Kromer. I hereby appoint George Kromer my son-

in law the Executor of this my last will and testament and desire

him to follow in all respects the provisions of my will the same

as required of my son in law Nicholas Woertz who was my first

Executor who is now deceased. And having full confidence in

said Kromer I desire that Letters testementary issue to him without

his giving Bail as assigned by Law.

In testimony whereof I have hereunto set my hand

and seal this 30th day of October 1862, and have called upon

my friends Charles Sweetser Esquire and John Cox as witnesses

to this Codicil to my will. Frederick Wagoner {seal}

Signed sealed and acknowledge in our presence we being

requested to witness the sum this day and year above written in

the presence of the said testator and in the presence of each other

Charles Sweetser

J.S. Cox

The State of Ohio }

Delaware County,ss } In the matter of the last will & testament

of Frederick Wagoner of Delaware in this County deceased

I John S Cox being duly sworn in open

Court this 9th day of February AD 1870 depose and say that I

was present at the Execution of the last will and testament and

Codicil thereto annexed of Frederick Wagoner of Delaware here=

unto annexed bearing date 20th day of February 1862 that we,

this deponent and Charles Sweetser 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 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, And further says that said Charles Sweetser is deceased

John S Cox

Sworn to & subscribed before me, in the Probate Court, this 9th

day of February AD 1870

T W Powell

Probate Judge

(Codicil 2nd)

Whereas I, Frederick Wagoner of Delaware County Ohio being

of sound and disposing mind and memory, having made and duly

executed my last will and testament in writing bearing date

the 28th day of October AD 1857, as also the Codicil thereto in writing

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 73)

[page 73]

[corresponds to page 40 of Delaware County Will Records Vol. 5 1869-1876]


40

Record of the Last Will of Frederick Wagoner deceased


bearing date the 30th day of October AD 1862 as above set forth

Now I do declare this present writing to be a second Codicil to my

said will and Codicil above described and direct the same to be

annexed thereto and taken as a part thereof.

And I do hereby devise and bequeath to my wife Louisa --

Wagoner, in lieu of her dower, the Dwellng House & Lot now in our

occupancy being in Lot No 55 in Milo D Pettibone's addition to the

Town of East Delaware, together with all the Household and kitchen

furniture therein contained; except therefrom the Bedstead and

Bedding taken into the house by me, which I hereby give and bequeath

to my son David Wagoner. And that at the death of my said wife

all the property hereby devised or bequeathed to her as aforesaid is to

be equally divided among all my children, Catherine Woertz,

Simeon Frederick Wagoner and David Wagoner. and lastly

that this my present Codicil be annexed to and made part of

my last will & testament with the Codicil thereto made, to all

intents and purposes.

In witness whereof I have hereunto set my hand and seal

this 26th day of February AD 1864

Frederick Wagoner {seal}

Signed sealed & published by the said Frederick Wagoner as &

for a Codicil to be added to and be considered as a part of his last

will and testament with the Codicil thereto annexed in presence of

us who at his request have subscribed our names as witnesses to

the same W D Heim

[illegible signature] written in German

The State of Ohio }

Delaware County, ss. } In the matter of the last will & testament

of Frederick Wagoner of Delaware in this County decd

We Gregory Pfifar and William D Heim

being duly sworn in open Court this 9th day of February

AD 1870 depose and say that we were present at the

execution of the last will and testament ^and codicil of Frederick Wagoner

hereto annexed, bearing date 24th day of February AD 1864;

that we saw said testator subscribe said Codicil & heard him

publish and declare the same to be a part of 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

[illegible signature] Written in German

W D Heim

Sworn to and subscribed before me in the Probate Court, this 9th

day of February AD 1870

T.W. Powell

Probate Judge

Codicil 3rd

Whereas I Frederick Wagoner of Delaware County Ohio

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 74)

[page 74]

[corresponds to page 41 of Delaware County Will Records Vol. 5 1869-1876]


41

Record of the Last Will of Frederick Wagoner deceased


by the first Codicil to my last will & testament in writing

duly executed bearing date the 30th day of Ocotber 1862, did then

and there appoint as therein stated my son in law George Kronura

the Executor of this my last will and testament. now be it

known, that I the said Frederick Wagoner being desirous of altering

the said Codicil, in respect to said Kromer as Executor, do hereby

revoke the said appointment and do hereby substitute, constitute

and appoint my son David Wagoner to be the Executor of

of the said last will and testament, as also to all the Codicil

to the same made. Also by the Codicil hereby bequeath and

devise, that out of the portion bequeathed to my daughter Cath=

erine Woertz (now intermarried with Christopher Lamann) the

sum of One Hundred Dollars each be paid to each of the children

of Nicholas Woertz now deceased named as follows, to wit, To

Mary E Woertz $100.00, To Jacob F Woertz $100.00 and to Nicholas

Woertz $1000.00 when they severally arrive at lawful age and

during their minority the use of these bequests to go to the

benefit of said Catherine Lamann mother of the said children

herein named. It is further my desire that my son

David Wagoner herein appointed Executor be authorized

to act as such, without any bail being required.

Also I do hereby ratify and confirm my said will

and codicils in every thing, except where the same is

hereby revoked and altered as aforesaid.

In witness whereof I the said Frederick Wagoner

have hereunto to this Codicil set my hand and seal,

this 4th day of December AD 1869.

Frederick Wagoner {seal}

Signed sealed & published by the said Frederick Wagoner as and

for a Codicil to be added to & considered as a part of said last

will & testament in the presence of us, who have subscribed our names

in his presence and at his request as witnesses.

{U.S. Stamp} W D Heim

{$2.50} F Kurrley

The State of Ohio }

Delaware County, ss, } In the matter of the last will & testament

of Frederick Wagoner of Delaware in this County decd

We Frederick Kurrley and William

D. Heim, being duly sworn in open Court this 9th day of

February AD, 1870, depose and say that we were present

at the execution of the last will and Codicil of Frederick

Wagoner decd hereto annexed bearing date 4th day of Dec=

ember 1869; 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 & in his presence and in the presence of each other

(over)

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 75)

[page 75]

[corresponds to page 42 of Delaware County Will Records Vol. 5 1869-1876]


42

Record of the Last Will of Adam Miller deceased


And the said William D Heim says that he is well acquainted with the

signature and hand writing of Charles Sweetser and says he has examined

the signature of said that said Sweetser is now decd

Frederick Kurrley

W D Heim

Sworn to & subscribed before me, in the Probate Court this 9th day

of February AD 1870

T.W. Powell

Probate Judge



Record of the Last Will of Adam Miller deceased


Proceedings had before Hon Thomas W. Powell, Judge

of the Probate Court in & for the County of Delaware and State

of Ohio at his office in the Court House in the Town of Delaware

on the 19th day of February AD 1870.



The following is the Order made in the Journal on the

said 10th day of February AD 1870 as follows, towit:

February 10th 1870

Will and Estate of Adam Miller decd

This day the last will and testament of Adam Miller late of

Delaware decd was presented to the Court for probate & record, thereupon

Earley F Poppleton & Charles H. McElroy the subscribing witnesses

thereto came into Court & were duly sworn & examined and their

testimony reduced to writing, annexed to said will & filed therewith

and it appearing to the Court that the said will was duly executed &

attested & that the testator said Adam Miller was at the time of

executing the same of full age, and of sound mind & memory & not

under any restraint; it is therefore considered & ordered that the said

will be admitted to probate as duly proved as the last will & testament

of said Adam Miller decd & ordered to be recorded as such


T W Powell Probate Judge

(Record of said Will)

In the Name of the Benevolent Father of all,

I Adam Miller of the County of Delaware and

State of Ohio, being of advanced age and knowing the uncertainty

of life the certainty of death and the uncertainty of the time thereof

and being desirous of disposing of my worldly effects while yet

in the flesh and being of sound mind and disposing mind & memory

do hereby make this my last will and testament.

Item First. I will that all my Just debts be first paid out of

my property.

Item Second. I will and bequeath to my son Martin Miller

my pasture lot, being the following described real Estate, Situate

in Delaware Township, Delaware County Ohio & in Range

19 Township 4, Section 2 and part of Lot No 3, in United

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 76)

[page 76]

[corresponds to page 43 of Delaware County Will Records Vol. 5 1869-1876]


43

Record of the Last Will of Adam Miller deceased


States Military Lands, it being the South half of the following described

tract of 12 acres of land beginning at the NW corner of said Lot No 3.

and running thence Southwardly along said lot line to the NW corner

of a tract of about 64 acres (formerly owned by Jno Sepert) being the

South part of said Lot No 3, and running thence Eastwardly along

said Leperts line to the middle of the Road running to the mouth of Mill

Creek, then North Eastwardly along the middle of said road to the

north line of said Lot No 3, thence westwardly on said line to the place

of beginning, the 1/2 of the above described tract contain 6 acres

Item Third. I will and bequeath to my Grand Daughter Mary

R Miller the sum of One Hundred Dollars, to be paid to her

by my Executor herinafter named out of any money or

credits of which I may die seized.

Item Fourth. I will and bequeath to my Grand Daughter

Emily Francis Miller the sum of One Hundred Dollars

to be paid to her by my Executor hereinafter named out

of any money or credits of which I may die seized.

Item Fifth. I will and bequeath to my Grand Son William

M Miller all the residue of my property real personal

& mixed of which I may die seized.

Item Fifth. I will and bequeath to my Grand Son William

M Miller all the residue of my property real personal

& mixed of which I may die seized or of which I may be in

any way the owner or entitled too

Item Sixth. I do hereby nominate and appoint Martin Miller

the Executor of this my last will & testament

Item Seventh. I do hereby revoke all former wills by me

made and declare this alone to be my last will and

Testament.

In witness whereof I the said Adam Miller hereto

set my Seal and subscribe my name this 16th day of

March AD 1869 Adam Miller {seal}

Signed and acknowledge by said Adam Miller as his

last will & Testament in our presence and signed by us in

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

other the day & year above written

{U s Stamp} E F Poppleton

{$1 00 x} C. H. McElroy

The State of Ohio. }

Delaware County, ss. } In the matter of the last will and

testament of Adam Miller in this County decd

We Earley S Poppleton & Charles

H McElroy being duly sworn in open Court this 10th day

of February AD 1870, depose and say that we were present

at the Execution of the last will & testament of Adam Miller

of Delaware hereto annexed bearing date 16th day of March

1869; that we saw said testator subscribe said will & 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 of sound mind & memory & not under any

restraint, and that we signed the same as witnesses in his

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 77)

[page 77]

[corresponds to page 44 of Delaware County Will Records Vol. 5 1869-1876]


44

Record of the last Will of Maria Meminger deceased,


request on his presence and in the presence of each other

E.F. Poppleton

C.H. McElroy

Sworn to & subscribed before me, in Probate Court, this 19th day of

February AD 1870

T W Powell

Probate Judge


Record of the last will of Maria Meminger decd

Proceedings had before Hon. Benjamin C. Waters Judge of the

Probate Court in & for the County of Delaware in the State of Ohio

at his Office in the Court House in the Town of Delaware on

the 14th day of February A.d. 1870--

The following is the order made in the Journal on the Said

14th day of February A.D. 1870.

Will & Estate of Maria Meminger decd

This day the last will & Testament of Maria Meminger decd late of

Delaware County, was presented to the Court for probate & record.

Thereupon C.N. McElroy & John Sautter, the subscribing witnesses

thereto, came & were duly sworn & 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 & attested, and that the

testatrix, Maria Meminger was at the time of executing

the same of full age and of sound mind & memory

& not under any restraint. It is therefore considered &

ordered that the said Will be admitted to probate as duly

proved as the last will & testament of the said Maria Mem

inger deceased, and be recorded as such.

B.C. Waters

Probate Judge

(Record of the Will)

In the name of the Benevolent Father of All,

I Maria Meminger of the County of Delaware & State of Ohio

being of sound mind memory & understanding, do hereby

publish and declare this to be my last will & testament

hereby revoking & making null & void all former last

wills & testaments, and writings in the nature of last wills

& testaments by me heretofore made. My Will is

First- That all of my just debts funeral expenses &

the expenses of the execution of this my last will &

testament, be paid -

The residue of my estate, real & personal I give, desire and

bequeath to my daughter Augusta Witlinger wife of Christ

Witlinger, her heirs, executors & administrators.

And I do nominate & appoint Christ Witlinger husband

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 78)

[page 78]

[corresponds to page 45 of Delaware County Will Records Vol. 5 1869-1876]


45

Record of the last Will of Maria Meminger deceased,


of said Augusta Witlinger to be my Sole executor of this my last

will & testament. And I do hereby request that my said

executor shall not be required to give bond as such executor.

And I do hereby further request that there shall be no appraise

ment of my property real or personal. In testimony

whereof I the said Maria Meminger have hereunto Subscribed

my hand & Seal this Fifth day of February A.D. 1870.

Maria Meminger {seal}

Signed Sealed and declared by the said Maria Meminger to

be her last will & testament, in presence of us who at her

request and in her presence have subscribed our names as

witnesses thereto in the presence of each other

C. H. McElroy

John Sautter

The State of Ohio Delaware County ss,

In the matter of the last will & testament of Maria Meminger

deceased, We C.H. McElroy and John Sautter being

duly sworn in open Court this 14th day of February AD 1870

depose and say that we were present at the execution of

of the last will and testament of Maria Memniger of

Delaware County This hereunto annexed, bearing date

Fifth day of February 1870: that we saw the said testa

-tor subscribed said will, and 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. C. H. McElroy

John Sautter

Sworn to and Subscribed before me, in the Probate

Court, this 14th day of February A.D. 1870.

B.C. Waters, Probate Judge


Record of the last will of Fanny George decd

Proceedings had before Hon. Benjamin C. Waters Judge of

the Probate Court in & for the County of Delaware in the State of Ohio

at his Office in the Court House in the Town of Delaware, on the 26th

day of February A.D. 1870.

The following is the order made in the Journal on the said

26th day of February A.D. 1870.

Will & Estate of Fanny George deced

This day the last will & testament of Fanny George deceased

was presented to the Court for probate and record. Thereupon

Joel Cleveland and Maria Roloson, the subscribing witnesses

thereto came & even duly Sworn & examined & their testimony

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 79)

[page 79]

[corresponds to page 46 of Delaware County Will Records Vol. 5 1869-1876]


46

Record of the last Will of Fanny George deceased,


reduced to writing & annexed to the will & filed therewith,

and at appearing to the Court that the said will was duly

executed & attested, & that the testatrix Fanny George was at

the time of executing the same of full age and of sound

mind & memory and not under any restraint. It

is therefore considered and ordered that the said will be

admitted to probate as duly proved as the last will and

testament of the said Fanny George deceased, and be

recorded as such. B.C. Waters

Probate Judge

Record of the Will

In the name of the great Father of all, I, Fanny George

do make and publish this my last will and testament.

Item 1st. I give to my sister Chessa Ann Broton of Noble

County, my new black silk dress, and my black

woolen Shawl.

Item 2nd. I desire that all my debts and expenses be paid,

Then there be placed at my husbands and my

own grave a Sett of tomb Stones as near like those that are

now up at the grave of our Son Samuel George, as may be.

Item 3rd. After paying as above I give three fourths of all

the remainder of my property to my daughter

Mary Vining.

Item 4th. I give and bequeath one fourth of my property

to my Son in law, Elam A. Vining.

Item 5th. I do hereby nominate and appoint Joel Cleveland

my executor of this my last will & testament.

authorising and empowering him to compromise, adjust release

and discharge in such manner as he may deem proper

the debts and claims due me and after settling and

paying all my expenses according to the provision of this

will pay the balance of my estate as above disposed of.

In testimony hereof I have hereunto Set my hand

and Seal this 7th day of February in the year 1870 --

Signed and acknowledged } Fanny George {seal}

by said Fanny George as his }

last will & testament in our }

presence, and signed by us in }

her presence - }

Joel Cleveland }

Maria J. Roloson }

The State of Ohio, Delaware County ss,

In the matter of the last will and testament of Fanny

George deceased, we Joel Cleveland and Maria Roloson

being duly Sworn in open Court this 26th day of February

A.D. 1870, depose and Say that we were present at the

execution of the last will and testament of Fanny George

of Berlin Township Delaware County hereunto annexed,

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 80)

[page 80]

[corresponds to page 47 of Delaware County Will Records Vol. 5 1869-1876]


47

Record of the last will of Elem A. Vining deceased.


bearing date Seventh day of February 1870; 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 restrain, and that we signed the same as

witnesses at her request and in her presence and in the

presence of each other. Maria J. Roloson

Joel Cleveland

Sworn to and Subscribed before me, in the Probate Court,

this 26 . day of February A.D. 1870. B.C. Waters

Probate Judge


Record of the last of Elem A. Vining deceased --

Proceedings had before Hon. Benjamin C. Waters, Judge of the Probate

Court, in & for the County of Delaware in the Town of Delaware, on the 5th day

of March A.D. 1870 --

The following is the order made in the Journal on the

said 5th day of March A.D. 1870 --

Will & Estate of Elem A. Vining deceased -

This day the last will and testament of Elem A. Vining

decd was presented to the Court for Probate & Record. Whereupon

D.C. Mooney & Robert Barber, the Subscribing Witnesses thereto,

came & were duly sworn & examined & their testimony

reduced to writing & annexed to the Will & filed therewith,

& it appearing to the Court, that the said Will was duly ex-

-ecuted & attested, and that the said testator Elem A.

Vining, was at the time of executing the same of full age

& of sound mind & memory and not under any restraint.

It is therefore considered and ordered that the said Will

be admitted to probate as duly proved as the last will

& testament of the said Elem A. Vining deceased and

be recorded as such, Also at the same time personally

appeared Mary E. Vining, widow of said Elem A. Vining

to make her election under said Will, and after the Court

had fully advised her of her rights under the will and

the law, She then elected to take under the will and

according to the terms thereof. B.C. Waters Probate Judge


Record of the Will,

In the name of the Benevolent Father of All, I, Elem A. Vining

of the County of Delaware Ohio, being of Sound mind and

memory, do make and publish this my last will and

testament, in manner and form following.

First, I give and devise to my beloved wife Mary E. Vining

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 81)

[page 81]

[corresponds to page 48 of Delaware County Will Records Vol. 5 1869-1876]


48

Record of the last will of Elem A. Vining deceased


all the household and kitchen Stuff and furniture She

brought to the house when we commenced housekeeping together,

Also one bedstead, one set of chairs, one center table, and the

carpet on the floor in the South room, also one cane bottom

rocking chair, also my top buggy & harness, The same to

her in lieu of her years Support --

2nd It is my will that all the balance of my personal

property and effects be sold at public sale without

appraisement, and all my just debts and expenses be paid

and the balance after putting up a Stone to the head of

my grave as near like the one now up at the head of the grave

of my former wife, Hannah Vining as can be, to be divided

equally between my three daughters Mary May Harriet

Gregg & Caroline E. May.

3rd It is my will that all the real estate I am now possessed

of be sold, and the proceeds be divided as follows, said

real estate being the farm on which I now reside being

in Berlin Township Delaware County Ohio, containing about

one hundred and thirty acres of land.

First my wife shall have fourteen hundred dollars, four

hundred dollars out of the first payment when the farm

is sold, and one thousand dollars in notes from the last

payments on said lands, said notes to be with interest,

And it is my will that my sons William B. Vining, Reuben

D. Vining & Benjmain A. Vining shall each have fourteen

hundred dollars, and the balance after paying costs of

administration etc be divided equally between my three

heretofore named daughters.

4th I hereby constitute and appoint my son Reuben

D. Vining my executor, to carry out this my last

will and testament, and he is hereby authorised to sell

all my personal and real estate at public or private

sale and on such terms as he can secure and

said real Estate without order or authority from Court, and any

in case he should fail to act or settle the same I hereby

authorise my friend John Cuningham to act and

carry out all the foregoing provisions the same as here

to fore named.

I hereby acknowledge the foregoing to be my last

will and testament made and signed this 24th day of

January A.D. 1870.

This instrument was Signed by the } E.A.Vining "seal}

Testator in our presence & signed }

by us in his presence & in the }

presence of each other and }

at his request. }

D. C. Mooney }

Robert Barber }

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 82)

[page 82]

[corresponds to page 49 of Delaware County Will Records Vol. 5 1869-1876]


49

Record of the last will of John G. Vergon Decd


The State of Ohio, Delaware County, ss,

In the matter of the last will and testament of Elem A. Vi

-ning deceased. We D.C. Mooney and Robert Barber being

duly sworn in open Court this 5th day of March A.D. 1870,

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

last will and testament of Elem A. Vining of Berlin

Township Delaware County hereunto annexed, bearing

date 24th day of January 1870; 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

D.C. Mooney

Robert Barber

Sworn to and subscribed before me, in the Probate Court,

this 5th day of March A.D. 1870. {seal} B.C. Waters

Probate Judge


Record of the last will of John George Vergon decd

Proceedings had before Hon. Benjamin C. Waters Judge of the

Probate Court in & for the County of Delaware in the State of

at his Office in the Court House in the Town of Delaware,

on the 7th day of March A.D. 1870.

This following is the entry made in the Journal on

the said 7th day of March 1870.


Will & Estate of John George Vergen decd

This day the last will & testament of John G. Vergon deceased, was

presented for probate & record. Whereupon C.C. Chamberlain & Henry

J. Eaton the subscribing witnesses thereto, came & were duly

sworn & examined, and their testimony reduced to writing

& annexed to the Will & filed therewith, and it appearing to

the court that the said will was duly executed & attested and

that the said testator John G. Vergon was at the time of ex

-ecuting the same, of full age and of sound mind & memory

& not under any restraint. It is therefore considered & ordered

that the said will be admitted to probate as duly proved, as

the last will & testament of the said John G. Vergon decd

and be recorded as such. And in accordance with the

terms of said Will Frederick P. Vergon was appointed Executor

of the said Will & estate, no bonds, inventory or sale of personal

property being required. Whereupon Letters Testamentary were

issued to said P. Vergon. B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 83)

[page 83]

[corresponds to page 50 of Delaware County Will Records Vol. 5 1869-1876]


50

Record of the last Will of John G. Vergon deceased


The following is the record of the will & the proof thereof, to wit,

On this Nineteenth day of January in the year of our Lord Eighteen

hundred and Sixty Six. I John George Vergon of the Vicinity

of the town of Delaware, in Delaware County State of Ohio,

do here make & publish this my last will & testament,

hereby revoking all former wills by me made.

Item 1st I give & bequeath to my wife, Elizabeth Vergon, if She shall

out live me, all my household furniture, beds & bedding, the two

cows of which I may be the owner at my decease, which said

personal property I bequeath to her in lieu of the personal prop

erty & allowance for her years support, to which she would

be entitled by law out of my estate were I to make no

will: & I further devise & bequeath to my said wife her dow

-er estate in my real estate, that is to say, I give to her, by this

will, the same interest in my real estate, that she would

by law, were I to make no will.

Item 2nd To my son Frederick Peter Vergon, I give devise & bequeath

absolutely all the residue (Not devised in Item No 1.) of the property

of which I may be the owner, or have my interest in, at my decease,

of whatsoever from or nature said property may then be, whether

personal property, money, notes, accounts, real estate, or in any

other form whatsoever; the real estate in real estate in fee

simple subject only to and charged with the legacies

hereinafter Set forth, & which are to be paid by said Frederick

P. Vergon as Stated in this will out of my said estate so

devised to him as aforesaid; & if I should outlive my

said wife, then said personal property devised to her in

"Item No. 1." I here also give & bequeath to said Frederick

P. Vergon.

Item No 3. To my son George Vergon. I give & bequeath the sum of

sixty dollars, for each & every year from the date of my de-

-cease, he shall remain insane, & for each year for two years after

he shall (if ever) be restored to reason & be capable of taking care

of himself & managing his own affairs & property, said sum

is to be expended by my Executor, said Frederick P. Vergon &

at his discretion, in necessaries for my said son George

commencing at my decease, & continuing as heretofore

hereinbefore stated, & if my said son George should be

fully restored as to his reason. & capable of managing his

own property and business; then it is my will, that, at the

expiration of the period of two years from his restoration to reason

& capability of managing his own property & business said payment

in necessaries of sixty dollars per annum cease, & in lieu thereof

I give & devise to him the gross sum in money of One thousand

dollars, to be paid to him, in case my wife, said Elizabeth

Vergon shall not be living at the expiration of said two years

after said restoration of reason & capability of managing his

own property & business, of four equal annual installments of

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 84)

[page 84]

[corresponds to page 51 of Delaware County Will Records Vol. 5 1869-1876]


51

Record of the last will of John G. Vergon deceased


two hundred & fifty dollars each, the first installment to

become due in one year from the expiration of said period of

two years, & the last installment to become due four years

after said expiration of the said period of two years -- (all of

said four installments are to draw interest from the said

expiration of period of two years after restoration to reason, if

said Elizabeth shall not be then leaving.) In case my wife,

the said Elizabeth Vergon, Shall survive me & be Still

living at the expiration of said period of two years from the

restoration of reason to my said son George, then said four

installments, I will, to become due respectively in one year

two years, three years & four years from the death of said

Elizabeth Vergon & to draw interest from the date of her death.

If my said son George shall die without issue surviving, then

it is my will & desire that the payment of said of said install

ments of legacy cease, from and after his death, as to any install

ment or interest on installments not due at the date of his death.

Item No 4 - To my son James Vergon, if he survive me, I give devise

and bequeath the sum of One thousand dollars, to be paid

in four equal annual installments of two hundred and

fifty dollars each. The said installments to become due

respectively - in case I survive my wife said Elizabth

Vergon - in one year - two years - three years & four years from

the date of my decease, & are all to draw interest from that

date, interest of each installments to be paid when the

installment itself becomes due: if however said Elizabeth

Vergon outlives me, then said installments are to be

once due respectively, in one year, two years, three years,

& four years, from the date of her death, & are all to draw

interest from the date of her death interest of each installment

to be paid when that installment becomes due; in either

case, however, if my said son James Shall die without

issue surviving him, then, it is my will and desire, that

the payment of said installments of legacy cease from

& after his death, as to any & all installments (& interest thereon),

not due at the date of his death; & if he leave at his death

child or children of his living, all of whom, decease after

my said son James dies, & before all of said installments

become due, then it is my will, that the payment, as to

any & all installments, (& interest thereon,) not then due

cease at the death of the last of said children so as

aforesaid surviving their father said James Vergon.

Item No. 5th I give devise & bequeath to my daughter Anna Morell,

widow of Peter Morell, the Sum of Five Hundred Dollars

to be paid to her in four equal annual installments

of One hundred and twenty five dollars each the said

installments to become due respectively in one year, two

years, three years & four years after my decease, if I

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 85)

[page 85]

[corresponds to page 52 of Delaware County Will Records Vol. 5 1869-1876]


52

Record of the last will of John G. Vergon deceased.


survive my said wife (with interest in all of said install

-ments from the date of my death to be paid when the installments

themselves become due); provided said Anna Morell shall

have then ceased to reside on the same premises with my said

son, Frederick P. Vergon: if however my wife survive me,

then said installments are to become due, respectively, in

one year, two years, three years & four years from the date

of her death; (with interest on all of said installments

from the date of my said wife's death to be paid when the

installments themselves respectively become due.) provided

my said daughter Anna shall have then ceased to reside

on the same premises, with my said Son Frederick P. Vergon:

if however my said daughter Anna shall wish to continue to re-

-side on the same premises with my said son Frederick P. Vergon

then so long as she shall so continue to reside. I give & devise

to her, to be provided, for her & no one else with her, by my said son

Frederick P. Vergon, on the premises occupied by himself & family,

two rooms of convenient size for her use, all necessary fuel

for her use to be provided ready for use, five rods of ground

convenient for her use & suitable for garden, & also, so long as

she shall so continue to reside, the sum of thirty dollars to be

paid to her by said Frederick P. Vergon, at the expiration of

each & every year from the date of the death of my said wife Eliz

-abeth Vergon, if she survives me; And if I survive my said

wife at the expiration of each & every year from the date of my

death, so long as said Anna shall continue to reside as afore

-said, in the same premises with my son said Frederick P.

Vergon; but if she shall not continue to reside as aforesaid, then

said payment of thirty dollars per annum, is to cease from the

time she ceases to reside on the premises of the said Frederick

P. Vergon; if at the time She shall choose to & does go to reside

some where else than on the premises of said Frederick P.

Vergon, my wife said Elizabeth Vergon is not living, then it

is my will that the aforesaid legacy of five hundred dollars,

be paid to said Anna Morell, in said four equal install

-ments, in one year, two years, three years & four years from

the time She ceases to reside on the premises with my said

son Frederick P. with interest from that time, but if at the

time my said daughter Anna shall cease to reside on the

same premises with my said Son, my wife, said Elizabeth,

shall be still living it is my will that then, said legacy of

five hundred dollars in the installments aforesaid, be paid

to my said daughter Anna in one year, two years, three

years & four years, respectively, from the time of the decease

of my said wife, with interest on all of said installments

from that time. In case said Anna dies without

child or children of her surviving her, before all of said

legacy becomes due, then, I will that her reasonable doctors

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 86)

[page 86]

[corresponds to page 53 of Delaware County Will Records Vol. 5 1869-1876]


53

Record of the last Will of John G. Vergon deceased.


bills & funeral expenses be paid by said Frederick P. Vergon, but

all further payment of said legacy I desire to cease at her death

without child of hers surviving her. In the last foregoing item,

by "same premises" I mean "same farm" on which Said Freder

ick P. & his family May reside for the time being.

Item No. 6th I give devise & bequeath to my daughter Margaret Burlett,

wife of Peter Burlette, the promisory note executed to me by said

Peter Burlett Ocotber 28th 1846, for one hundred & twenty six dollars

& 18 cents, said note drawing interest from its date, I also

devise to her such further sum as said sum of $126.18 &

interest thereon to the date of my death if I survive my wife,

& if She Survive me, then to the date of the decease of my wife,

shall lack then of amounting to five hundred dollars, which

said sum (to be ascertained as aforesaid). I will and

devise to be paid to my said daughter Margaret in four

equal annual installments in one year, two years, three

years & four years, from the date of my death. (with interest)

(from that time) if I survive my wife; if my wife survive

me, Said installments are to be paid in one year two years,

three years & four years from the decease of my wife (with in

-terest from the date of her decease.)

Item No 7th I constitute and appoint my said Son Frederick P.

Vergon, Executor of this my last will & testament & request

that he be not required to give bond in the execution of this

trust, & that he be not required to make any inventory or

appraisement or sale of my said estate. In testimony

whereof I have hereunto set my hand & seal date herein

before written --

Signed by said John George Vergon } John George Vergon {seal}

in our presence & by us in his presence }

& at his request & acknowledged }

by him then to be his last will }

& testament. }

C.C. Chamberlain }

Henry J. Eaton }

The State of Ohio Delaware County ss,

In the matter of the last will & testament of John G.

Vergon deceased. We C.C. Chamberlain and Henry J. Eaton

being duly sworn in open Court this 7th day of March

A.D. 1870, depose and say that we were present at the

execution of the last will & testament of John G. Vergon

of Delaware Township & County hereunto annexed bearing

date 19th day of January 1866, 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

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 87)

[page 87]

[corresponds to page 54 of Delaware County Will Records Vol. 5 1869-1876]


54

Record of the last will of John G. Vergon deceased --


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

C.C. Chamberlain

Sworn to and subscribed before me, in the Probate Court

this 7th day of March A.D. 1870 B.C. Waters

Probate Judge.


Record of the last will of Daniel Thomas deceased


Proceedings had before Hon. Benjamin C. Waters, Judge of the

Probate Court, in and for the County of Delaware in the State

of Ohio at his office in the Court House in the Town of Dela

-ware on the 18th day of March A.D. 1870

The following is the order made in the Journal

on the said 18th day of March A.D. 1870, to wit:

March 18, 1870

Will and estate of Daniel Thomas deceased --

This day the will of the said Daniel Thomas late of Madison

County in the State of Indiana, deceased, as proved and

admitted to record in the office of Clerk of Common Pleas

Court for the said County of Madison in the State of Indiana

on the 28th day of Jany, 1865, and this Court being satisfied

that the said Will relates to real estate in Delaware County

Ohio, is is ordered to be admitted to record & recorded in this

Court & County. B.C. Waters

Probate Judge

(Record of the Will)

I Daniel Thomas of Madison County State of Indiana

do make and publish this my last will & testament

1st I give and bequeath to my beloved wife Laura

E. Thomas Fifteen Hundred Dollars to be paid to

her as soon as my estate is Settled, and should she

at any time marry, I direct that she pay to my

brothers and sisters equally five hundred Dollars

of the Fifteen hundred hereby bequeathed.

2nd I bequeath to my two brothers John and Isaac

Thomas, each one seventh of all the property Real

and personal to have after the payment of the Fifteen

Hundred dollars herein bequeathed to my wife.

3d I give & bequeath to the three children of my

brother Herbert Thomas, to wit, Herbert Thomas

Robert Thomas and Ida Thomas one seventh part of all

my property Real and Personal after the payment of the

Fifteen Hundred to my wife as before Stated,

4th I give and bequeath to my brother Gabriel Thomas

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 88)

[page 88]

[corresponds to page 55 of Delaware County Will Records Vol. 5 1869-1876]


55

Record of the last will of Daniel Thomas deceased.


one Seventh of all my property Real and personal subject to

the bequest herein to my wife.

5th I give & bequeath to my brother Urial Thomas one

Seventh of all my property Real and personal Subject

to the bequest hereinto my wife.

6th I give and bequeath to my brother John Thomas

One Seventh of all my property Real and personal

Subject to the bequest herein to my wife.

7th I give and devise to my Sister Sarah Thomas one

Seventh of all my property Real and personal Subject

to the bequest to my wife as before.

8th I give and devise to the three children of my Sister

Mary Thomas to wit: Sarah A. Thomas Mary Thomas

and Franky Thomas One Seventh of all my property Real

and personal Subject to the bequest to my wife as before

9th I owe my brother John Thomas Two Hundred

Dollars and it is my will that he be paid the

Said Two Hundred Dollars out of the first money

of my estate. And all the bequests herein are Subject

to said Two Hundred dollars, and my brothers and

Sisters and their Children are to take each their One

Seventh of my property as herein bequeathed after said

Two Hundred dollars are paid.

I also direct that I be buried in a good Metalic coffin

and in Coles Cemetery in Delaware County State of Ohio

by the Side of my Mother, and that all my funeral

expenses be paid out of the first money coming to my

Executor, and all bequests herein are Subject to my funeral

expenses.

I owe Andrew Jackson One Hundred and Sixty

two & 50/100 dollars which is to be paid, and all bequests

herein except funeral expenses are subject to ^the payment of the same.

I also direct that my Executor shall proceed to Sell

my real Estate in the State of Ohio for the purpose of realizing

the Fifteen Hundred dollars herein bequeathed to my wife.

And I also bequeath to my wife the bed and bedding,

bought by me since our marriage, and my Bureau and

She is to keep the things She had when we were married.

I hereby appoint my brother Isaac Thomas Executor of

this my last will and testament.

I give to Ida Thomas my half Sister who lives in Ohio two

dollars. his

Daniel x Thomas {seal}

mark

Signed & sealed by the estator in our presence and signed by

us in his presence and at his request.

W.R. Pierse

N.L. Urickersham

State of Indiana Madison County --

Be it remembered that on the 28th day of January 1865,

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 89)

[page 89]

[corresponds to page 56 of Delaware County Will Records Vol. 5 1869-1876]


56

Record of the last will of Daniel Thomas deceased --


W.R. Pierse one of the subscribing witnesses to the within

and foregoing last will and testament of Daniel

Thomas late of said County deceased, personally ap

peared before the Clerk of the Court of Common Pleas of

Madison County in the State of Indiana and being duly

sworn by the Clerk of said Court, upon his oath declared

and testified as follows, that is to say: that on the

7th day of Janaury 1865, he saw Daniel Thomas sign

his name to said instrument in writing as and

for his last will and testament, and that this depo

-nent at the same time heard the said Daniel Thomas

declare the said instrument in writing to be his last

will and testament, and that the said instrument

in writing was at the same time at the request of

the said Daniel Thomas and with his consent at

-tested and subscribed by the said W.R. Pierse and

N.L. Wickersham in the presence of the said testator, and

in the presence of each other as subscribing witnesses

thereto, and that the said Daniel Thomas was at the

time of Signing and Subscribing of the said instrument

in writing as aforesaid of full age. (that is more than

twenty one years of age, and of sound and disposing

mind and memory, and not under any coercion

or restraint as the said deponent verily believes

and further deponent says not.

W.R. Pierse

Sworn to and Subscribed by the said W.R. Pierse before

me Joseph Peden, Clerk of said Court at Anderson

on the 28th day of January 1865. In attestation whereof

I have hereunto subscribed my name and affixed the

seal of said Court - Joseph Peden Clerk


State of Indiana Madison County ss,

I Joseph Peden Clerk of the Court of Common Pleas of

Madison County Indiana do hereby certify that the

within, annexed last will and testament of Daniel Thom

as has been duly admitted to probate, and duly proved

by the testimony of W.R. Pierse one of the subscribing wit

-nesses thereto that a complete of said will and of the tes

timony of the said W.R. Pierse in proof thereof has been

by me hereby made and recorded in Book No 2 at Pages

233, 234, 235, of the Record of Wills of said County.

In attestation whereof, I have hereunto subscribed my

name and affixed the seal of said Court at Anderson this

28th day of Janny 1865. Joseph Peden

Clerk Court C. Pleas Madison Co.

Known all men, that we Isaac Thomas and John

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 90)

[page 90]

[corresponds to page 57 of Delaware County Will Records Vol. 5 1869-1876]


57


Thomas, are bound unto the State of Indiana in the penal

Sum of Two Thousand dollars, for the payment of which

we Jointly and Severally bind ourselves, our heirs Exec

utors and administrators. Sealed and dated

the 28th day of January 1865, The condition

of the above obligation is that if the above bound

Daniel Thomas Shall faithfully discharge the

duties of his trust as Executor of the last will of

Isaac Thomas Sr deceased according to law, then

the above obligation is to be void, else to remain in full

force. Isaac Thomas {seal}

John Thomas {seal}

Approved by me, this 28th day of Janaury 1865.

Joseph Peden

C.C.C.P. Madison County


The State of Indiana Madison County ss,

I Isaac --- swear that I will faithfully discharge

the duties of my trust, as Executor of the last will and

testament of Daniel Thomas deceased according

to law, So help me God. Isaac Thomas

Subscribed and sworn to before me, the 28 day of

January 1865

Joseph Peden

C.C.C.P. Madison County.


I, William C. Fleming Clerk of the Court of Common

Pleas for the County of Madison in the State of Indiana

do hereby certify the annexed to be a true copy of the last

will of Daniel Thomas late of said county deceased,

and of the Certificate of Probate as endorsed thereon. And

Isaac Thomas having duly qualified and given

bond as required by law as executor he is duly author

ized to take upon himself the administration of Such

Estate according to such will.

Witness my hand, and the seal of said Court

this 2nd day of March, 1870 --

{seal} William C. Fleming

C.C.c.P. Madison County

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 91)

[page 91]

[corresponds to page 58 of Delaware County Will Records Vol. 5 1869-1876]

58

Record of the last Will of the Rev. Evan Evans


Proceedings had before the Hon. Thos W. Powell Judge

of the probate Court of Delaware County Ohio at

his office in the town of Delaware on the 23d day of July

A.D. 1868 towit: July 23d 1868 Will and Estate of Rev. Evan

Evans deceased. This day the will of Evan Evans late

of Radnor Township (deceased, was presented for

Probate and record. Will dated November 19th 1858

and witnessed by Abraham Loyal and G.N. Black

happening that the said Dr. G.H. Black now lives at

Platsmouth, Nebraska Territory the said will was

copied and placed on file and the onjornal was sent

in a commission to Samuel M. Chapman of Plats-

mouth Nebraska Territory to take and report the testimony

and deposition of the said Dr. G.H. Black as

witness to the said will and this matter is continued

to await the return of said Commissioner --

T.W. Powell

Probate Judge

Afterwards towit: on the 26th day of April A.D. 1870

the following proceedings was had before the Hon

B.C. Waters Judge of the Court of Probate in and

for said County of Delaware at his office in said

Town and County on the said 26th day of April A.D. 1870

to wit: Will and Estate of the Rev. Evan Evans

deceased -- This day the last will and testament of

Evan Evans was presented to this Court for record

the same having been Probated by the Hon. T.W. Powell

late Judge of this Court but has never been recorded

as of record shown the testimony of the will annexed

showing that one of the subscribing witnesses thereto

towit: Abraham Lloyd who was duly sworn and Ex

amined by the Court and his testimony reduced

to writing and annexed to the will and filed therewith

on the 24th day of November A.D. 1868 and the other witnesses

thereunto G.H. Black who was living in the state of

Nebraska and on the 23 day of July A.D. 1868 a Com-

mission was issued to Samuel M. Champman to take

the testimony of the said G.H. Black which was

afterward to wit: in August 1868 returned with the

deposition of the Said G.H. Black annexed as follows--

The said subscribing witness as aforesaid came

personally before me and who being by my first duly

sworn according to law did depose and say

that the said G.H. Black was witness to the said will

together with the said Abraham Loyd at Radnor

Township aforesaid at the date of the will to wit: the

19th day of November 1858 which will is now before

him and hereto annexed that they were present at

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 92)

[page 92]

[corresponds to page 59 of Delaware County Will Records Vol. 5 1869-1876]


59

Record of the Last Will of the Rev. Evan Evans


the making of said will hereunto attached marked

(a) and at the request of the deceased subscribed their

names to said will as witnesses in the presence of the decd

and of each other and that they saw the said Evan

Evans deceased sign and seal said will and heard

him acknowledge the same to be his last will and

testament. That the said Evan Evans deceased at the

time of making signing and sealing of said last

will and testament was of legal age and of sound

mind and memory and under no under restraint

whatsoever.

It is therefore considered and ordered that the said

will be and is admitted to Probate as duly proved as

the last Will and testament of the said Rev. Evan Evans

deceased and that it be seconded as such


B.C. Waters

Probate Judge

(A)

(Copy of the Will)

In the name of the Benevolent Father of All--

I Evan Evans of the Township of

Radnor State of Ohio do ^make and publish this my last

Will and Testament. I give and devise to my beloved wife

the house and land that is fence in and all the

other buildings on the said land together with all

the houshold goods, furniture, provision and other

goods and chattels which may be there at the time of

my decease during her natural life. also all the

notes in my possesion I give to my wife and she is

to divide all the above mentioned property among

the children as she thinks best. I appoint my wife

Executrix of this my last will and Testament.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

and seal this 19th day of Nov. A.D. 1858.

Evan Evans {seal}

Signed and acknowledged by Evan Evans as

his last will and Testament, in our presence; and

signed by us in his presence.

Abraham Loyd

G.H. Black

State of Ohio }

Delaware County } ss

In the matter of the last will

and Testament of Evan Evans late of Radnor decd

I, Abraham Loyd being duly sworn in open Court this

24th day of Nov. A.D. 1868 depose and say, that we this deponent

and Dr. G.H. Black were present at the Execution of the

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 93)

[page 93]

[corresponds to page 60 of Delaware County Will Records Vol. 5 1869-1876]


60

Record of the last Will of the Rev. Evan Evans -


Last will and testament Evan Evans of Radnor

in this County 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 &

in his presence and in the presence of each other.

Abraham Lloyd {seal}

Sworn to and subscribed before in the Probate

Court this 24th day of Nov.

T.W. Powell

Probate Judge


Commissiion.

to take testimony of Witness to will -

State of Ohio }

Delaware County } ss

To Samuel M. Chapman greeting

Know ye, That we, in confidence of your prudence

and fidelity, have appointed you and by these presents

do give you full power and authority to examine and

take the deposition of Dr. G.H. Black late of Radnor in

this County subscribing witness to the last will and

testament of Rev. Evan Evans hereto annexed, late of

the County of Delaware in the State of Ohio, deceased

and therefore we command you, that at certain days &

places appointed by you, you cause the said G.H.

Black to be brought before you and then and there

examine him on oath or affirmation first taken before

you touching the due execution of said will of said Evan

Evans, and that you reduce such examination to writing and

return the same together with this commission and the will

of the said Evan Evans hereto annexed, closed up under

your seal into our said Probate Court with all con-

venient speed.

In Testimony whereof I, Thomas W. Powell

Judge of the said Court have hereunto set my hand

and affixed the seal of said Court at Delaware Ohio

this 23d day of July A.D. 1868

T.W. Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 94)

[page 94]

[corresponds to page 61 of Delaware County Will Records Vol. 5 1869-1876]


61

Record of the last Will of the Rev. Evan Evans


In the matter of the last Will and Testament of Evan

Evans, late of Delhi in Radnor Township Delaware County

deceased. I, Samuel W. Chapman the Commissioner appointed

and commissioned by the Judge of the Probate Court of

the County of Delaware, in the State of Ohio, to take the

testimony of Dr. G.H. Black the subscribing witness of

the last will and testament of Evan Evans of Radnor

Township deceased - late a resident of said County of

Delaware in the State of Ohio which commissiion and

the said will are annexed hereto, I do hereby certify that

in persuance of said Commission I caused the said

G.H. Black, said subscribing witness as aforesaid to

come personally before me, who 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, depose and say that the said

G.H Black was witness to the said Will together with

Abraham Lloyd at Radnor Township aforesaid at the date

of the Will to wit the 19th day of November 1858 which will

is now before him and hereto annexed, that they were

present at the making of the said will hereto attached

marked ("A") and at the request of the deceased, sub-

scribed then names to said Will as witnesses in the

presence of the deceased and of each other; that they

saw the said Evan Evans, deceased sign and seal

said Will and heard him acknowledge the same to

be his last Will and Testament; that the said Evan

Evans 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 whatsoever.

G.H. Black

I Samuel M. Chapman commissioner named

in the annexed commissiion do further testify that

the said testimony was given in my presence & read in

the prersence of said witness and subscribed by said

witness in my presence on this 29th day of July A.D. 1868

In Testimony whereof I have hereunto set my hand

and seal notarial Platsmouth City Nebraska this 29th

day of July A.D. 1868 -

Samuel M. Chapman

Commissioner

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 95)

[page 95]

[corresponds to page 62 of Delaware County Will Records Vol. 5 1869-1876]


62

Record of the last Will of May J. Evans deceased.


Proceedings had before B.C. Waters Judge of the Probate

Court within an for the County of Delaware and State of

Ohio, at his office in the Town of Delaware on the 26 day of AD 1870

The following is the order made in the Journal on

the said 26th day of April AD 1870 towit:

Will and estate of Mary J. Evans deceased --

This day the last Will and testament of Mary J. Evans was presented

for probate and record whereupon Evan B. Jones one of the subscribing

witnesses thereto came into Court and was 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 Benj

Williams the other subscribing witness thereto lives in Columbus Ohio

and this matter is continued in order to procure testimoney.

Afterward towit on the 2nd day of may A.D. 1870 a

commission was issued on the to John M. Pugh to take the

testimony of the said Benjamin Williams which was afterward

returned with the testimony thereto attached and the said Will is

therefore admitted to probate and record.

B.C. Waters

Probate Judge

The following is a copy of said will and proof thereof --

In the name of God, anew, I, Mary J. Evans Culier of Rev.

Evan Evans, being in perfect health of body and of perfect

mind and memory do make and ordain this my last will and

testament:

I do give and bequeath to my daughters Mary Ann

and Catherine Elizabeth the house and lots located in the village of

Del Ohio with all the goods, furniture, buildings and chattles belonging

thereto; also all notes, bonds, mortgages and monies which may be

held by me at the time of my decease, all the said property to

be divided equally between them under the direction of my Executors.

Furthermore I do constitute, make and ordain my sons

John G. Evans and Edward P. Evans take the execution of this

my last will and testament. and I do hereby utterly disallow

evoke and disarmed the and every other former Testaments, Wills

Legacies, Bequests and Executors by me in any way before named

willed and bequeathed: ratifying ^& confirming this and no other to be my

last will and Testament. in witness whereof I have hereunto set

my hand and seal this 11th day of September A.D. 1865.

Mary J. Evans {seal}

Signed, sealed, published, pronounced, and declared by the

said Mary Evans as her last Will and Testament in the presence

of us, who in her presence and in the presence of each other have

hereunto subscribed our names.

Beny Williams

Evan B. Jones

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 96)

[page 96]

[corresponds to page 63 of Delaware County Will Records Vol. 5 1869-1876]


63

Record of the last Will of Mary J. Evans, deceased.


The State of Ohio }

Delaware County ss }

In the matter of the last will and testament

of Mary J. Evans, Late of Radnor Township, deceased.

I Evan B Jones being duly sworn in

open Court this 25th day of April A.D. 1870 depose and say that I was

present at the execution of the last Will and testament of Mary J. Evans

of Radnor Township Delaware County hereunto annexed bearing

date 11th day of April A.D. 1865: that I 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 I signed the same as witness at

her request and in her presence and in the presence of Benj Williams

also a subscribing witness.

E.B. Jones.

Sworn to and subscribed before me, in the Probate Court this

25th day of April A.D. 1870.

B.C. Waters

Probate Judge

Commission.

The State of Ohio }

Delaware County ss }

Dr. John M. Pugh greeting:

Know ye that we in confidence of your prudence and

fidelity, have appointd you and by these presents do give you

full power and authority to examaning and take the deposition

of Benjamin Williams late of Radnor Township Delaware

County Ohio, subscribing witness to the last will and testament of Mary

J. Evans, hereunto annexed, late of the County of Delaware in the

State of Ohio deceased, and therefore we command you that

at certain days and places appointed by you. You cause the said

Benjmain Williams to be brought before you, and then and

there examined in an oath or affirmation first taken before you

touching the due execution of said will of the said Mary J Evans

and that you reduce such examination to writing, and taken

the same together with this commission and the will of the said

Mary J. Evans thereunto annexed. Closed up under your seal

into our ^said Probate Court with all convenient speed.

In testimony whereof I B.C. Waters Judge of the

said Court, at Delaware this 2nd day of May A.D. 1870.

B.C. Waters

Probate Judge.

The State of Ohio }

Delaware County ss }

I, Benj Williams being duly sworn in

open Court this 9th day of May A.D. 1870 depose and say