Delaware County Ohio Will Records Vol. 8 1887-1890
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 1)
Description
[page 1]
[corresponds to front cover of Delaware County Will Records Vol. 8 1887-1890]
[corresponds to front cover of Delaware County Will Records Vol. 8 1887-1890]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 2)
Description
[page 2]
[corresponds to front pastedown page of Delaware County Will Records Vol. 8 1887-1890]
[marbled green and white]
[corresponds to front pastedown page of Delaware County Will Records Vol. 8 1887-1890]
[marbled green and white]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 3)
Description
[page 3]
[corresponds to front fly paper of Delaware County Will Records Vol. 8 1887-1890]
[marbled red, blue and gold]
[corresponds to front fly paper of Delaware County Will Records Vol. 8 1887-1890]
[marbled red, blue and gold]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 4)
Description
[page 4]
[corresponds to back of front flypaper of Delaware County Will Records Vol. 8 1887-1890]
Will
Record
8
1887-1890
ROLL DATE
5 SEP 4 1959
[corresponds to back of front flypaper of Delaware County Will Records Vol. 8 1887-1890]
Will
Record
8
1887-1890
ROLL DATE
5 SEP 4 1959
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 5)
Description
[page 5]
[corresponds to front of front flypaper of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to front of front flypaper of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 6)
Description
[page 6]
[corresponds to back of front flypaper of Delaware County Will
Records Vol. 8 1887-1890]
MICRO FILM
3 Sept 09
[corresponds to back of front flypaper of Delaware County Will
Records Vol. 8 1887-1890]
MICRO FILM
3 Sept 09
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 7)
Description
[page 7]
[corresponds to unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank index page]
[corresponds to unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank index page]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 8)
Description
[page 8]
[corresponds to back of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank index page]
[corresponds to back of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank index page]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 9)
Description
[page 9]
[corresponds to front of unlabeled index page A of Delaware County Will Records Vol. 8 1887-1890]
[blank index page]
[corresponds to front of unlabeled index page A of Delaware County Will Records Vol. 8 1887-1890]
[blank index page]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 10)
Description
[page 10]
[corresponds to back of unlabeled index page A of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of unlabeled index page A of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 11)
Description
[page 11]
[corresponds to front of index page B of Delaware County Will Records Vol. 8 1887-1890]
Benson Harriet 20
Boyd Henry 85
Bartholomew Milton 154
Behrens John 158
Bunyan Margaret E. 257
Battenfield Elias 281 Case 4449
Burgess Bridget 363
[corresponds to front of index page B of Delaware County Will Records Vol. 8 1887-1890]
Benson Harriet 20
Boyd Henry 85
Bartholomew Milton 154
Behrens John 158
Bunyan Margaret E. 257
Battenfield Elias 281 Case 4449
Burgess Bridget 363
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 12)
Description
[page 12]
[corresponds to back of index page B of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page B of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 13)
Description
[page 13]
[corresponds to front of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to front of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 14)
Description
[page 14]
[corresponds to back of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 15)
Description
[page 15]
[corresponds to front of index page C of Delaware County Will Records Vol. 8 1887-1890]
Cole Hugh 45
Cockrell Louisa 55
Craig Elnathan R. 69 Case No 4174
Chambers Martha S. 81
Carter Hugh 136
Carpenter Lyman 339
Cornell Permelia 404
Crumb James H. 467 Case 4656
Cantwell James 476
Catlin Lynde 508 Case 4698
[corresponds to front of index page C of Delaware County Will Records Vol. 8 1887-1890]
Cole Hugh 45
Cockrell Louisa 55
Craig Elnathan R. 69 Case No 4174
Chambers Martha S. 81
Carter Hugh 136
Carpenter Lyman 339
Cornell Permelia 404
Crumb James H. 467 Case 4656
Cantwell James 476
Catlin Lynde 508 Case 4698
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 16)
Description
[page 16]
[corresponds to back of index page C of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page C of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 17)
Description
[page 17]
[corresponds to front of index page D of Delaware County Will Records Vol. 8 1887-1890]
Dudgeon Nancy 96. Case No 4200
Dent E. H. 263
Dorst Henry 277
Dutton Amanda 360
Davies James W. 472
Debolt Mariah 489 Case No 4681
Davies Mary 493
[corresponds to front of index page D of Delaware County Will Records Vol. 8 1887-1890]
Dudgeon Nancy 96. Case No 4200
Dent E. H. 263
Dorst Henry 277
Dutton Amanda 360
Davies James W. 472
Debolt Mariah 489 Case No 4681
Davies Mary 493
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 18)
Description
[page 18]
[corresponds to back of index page D of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page D of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 19)
Description
[page 19]
[corresponds to front of index page E of Delaware County Will Records Vol. 8 1887-1890]
Evans Jonas G. 129 Case No. 4223
Evans Thomas, Jr. 182
Edwards Thomas 269
Evans Edward 272
Evans Isabella 321
Evans William 355
[corresponds to front of index page E of Delaware County Will Records Vol. 8 1887-1890]
Evans Jonas G. 129 Case No. 4223
Evans Thomas, Jr. 182
Edwards Thomas 269
Evans Edward 272
Evans Isabella 321
Evans William 355
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 20)
Description
[page 20]
[corresponds to back of index page E of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page E of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 21)
Description
[page 21]
[corresponds to front of index page F of Delaware County Will Records Vol. 8 1887-1890]
Fuller Abner M. 38
Fritz Joshua B. 125 Case No. 4230
Franklin Richard 240 Case No. 4369
Frost Rhoda Maria 301
Felkner L. Baner 347
Flanegin William M. 415
[corresponds to front of index page F of Delaware County Will Records Vol. 8 1887-1890]
Fuller Abner M. 38
Fritz Joshua B. 125 Case No. 4230
Franklin Richard 240 Case No. 4369
Frost Rhoda Maria 301
Felkner L. Baner 347
Flanegin William M. 415
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 22)
Description
[page 22]
[corresponds to back of index page F of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page F of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 23)
Description
[page 23]
[corresponds to front of index page G of Delaware County Will Records Vol. 8 1887-1890]
Glover Eliza T. 49
Galleher Nudeget J. 254
Galbreath Hannah J. 305
Gifford George A. 336
Gillies Mariah 365
Griffiths David R. 421
Gillet Harvey 503
[corresponds to front of index page G of Delaware County Will Records Vol. 8 1887-1890]
Glover Eliza T. 49
Galleher Nudeget J. 254
Galbreath Hannah J. 305
Gifford George A. 336
Gillies Mariah 365
Griffiths David R. 421
Gillet Harvey 503
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 24)
Description
[page 24]
[corresponds to back of index page G of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page G of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 25)
Description
[page 25]
[corresponds to front of index page H of Delaware County Will Records Vol. 8 1887-1890]
Hanawalt Lucy A 229
Highwarden Abram 296
[corresponds to front of index page H of Delaware County Will Records Vol. 8 1887-1890]
Hanawalt Lucy A 229
Highwarden Abram 296
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 26)
Description
[page 26]
[corresponds to back of index page H of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page H of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 27)
Description
[page 27]
[corresponds to front of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to front of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 28)
Description
[page 28]
[corresponds to back of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 29)
Description
[page 29]
[corresponds to front of index page I of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to front of index page I of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 30)
Description
[page 30]
[corresponds to back of index page I of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page I of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 31)
Description
[page 31]
[corresponds to front of index page J of Delaware County Will Records Vol. 8 1887-1890]
Jones Lewis R. 165
Jennings Robert E. 381
Johnson Elizabeth 394
Jones Thomas (Franklin Co. Ohio) 445 Case 4638
Joy Thomas F. 463
[corresponds to front of index page J of Delaware County Will Records Vol. 8 1887-1890]
Jones Lewis R. 165
Jennings Robert E. 381
Johnson Elizabeth 394
Jones Thomas (Franklin Co. Ohio) 445 Case 4638
Joy Thomas F. 463
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 32)
Description
[page 32]
[corresponds to back of index page J of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page J of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 33)
Description
[page 33]
[corresponds to front of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
Kimble John 161
Klein Joshua 244
Kirchner Christopher 315
[corresponds to front of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
Kimble John 161
Klein Joshua 244
Kirchner Christopher 315
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 34)
Description
[page 34]
[corresponds to back of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of unlabeled page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 35)
Description
[page 35]
[corresponds to front of index page L of Delaware County Will Records Vol. 8 1887-1890]
Lloyd John 28
Lea Benjamin, 147
Leitner Michael 224
Lampman James 247
Landon Emilia 260 Case 4414
Lloyd Abraham 385 Case 4550
Lowry Samuel 449
[corresponds to front of index page L of Delaware County Will Records Vol. 8 1887-1890]
Lloyd John 28
Lea Benjamin, 147
Leitner Michael 224
Lampman James 247
Landon Emilia 260 Case 4414
Lloyd Abraham 385 Case 4550
Lowry Samuel 449
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 36)
Description
[page 36]
[corresponds to back of index page L of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page L of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 37)
Description
[page 37]
[corresponds to front of index page M of Delaware County Will Records Vol. 8 1887-1890]
Moore Burton 100
Moore George 168
Moses Russel B. 186
Maloney Thomas Francis 275
Marriott Randolph R. 343 Case No 4518
Martin Charles H. 373
Miller Thomas G. 439
[corresponds to front of index page M of Delaware County Will Records Vol. 8 1887-1890]
Moore Burton 100
Moore George 168
Moses Russel B. 186
Maloney Thomas Francis 275
Marriott Randolph R. 343 Case No 4518
Martin Charles H. 373
Miller Thomas G. 439
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 38)
Description
[page 38]
[corresponds to back of index page M of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page M of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 39)
Description
[page 39]
[corresponds to front of index page Mc of Delaware County Will Records Vol. 8 1887-1890]
McCreary William 6
McCarty Patrick 16 Case No 4131
McCammon John 91 " " 4180
McMaster Benjamin 150
McMorran Samuel J 200
McDonald Thomas 309
McVay Margaret 351
McElroy John 388
McDaniel Matthew G. 443 Case 4639
McDaniel Cynthia R. 443 Case 4639
McCarty Ralph 459
McDowell Jno O. 484
[corresponds to front of index page Mc of Delaware County Will Records Vol. 8 1887-1890]
McCreary William 6
McCarty Patrick 16 Case No 4131
McCammon John 91 " " 4180
McMaster Benjamin 150
McMorran Samuel J 200
McDonald Thomas 309
McVay Margaret 351
McElroy John 388
McDaniel Matthew G. 443 Case 4639
McDaniel Cynthia R. 443 Case 4639
McCarty Ralph 459
McDowell Jno O. 484
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 40)
Description
[page 40]
[corresponds to back of index page Mc of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page Mc of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 41)
Description
[page 41]
[corresponds to front of index page N of Delaware County Will Records Vol. 8 1887-1890]
Newhouse S. W. 172
Nutt John C. 286
[corresponds to front of index page N of Delaware County Will Records Vol. 8 1887-1890]
Newhouse S. W. 172
Nutt John C. 286
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 42)
Description
[page 42]
[corresponds to back of index page N of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page N of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 43)
Description
[page 43]
[corresponds to front of index page O of Delaware County Will Records Vol. 8 1887-1890]
Oesterle Frederick 215
[corresponds to front of index page O of Delaware County Will Records Vol. 8 1887-1890]
Oesterle Frederick 215
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 44)
Description
[page 44]
[corresponds to back of index page O of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page O of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 45)
Description
[page 45]
[corresponds to front of index page P of Delaware County Will Records Vol. 8 1887-1890]
Prichard Margaret 1
Page Roswell 12
Ports Absalom 331
Potter Cornelia 426
Penry David 454
Pierce Harriet R. 480 Case 4647
[corresponds to front of index page P of Delaware County Will Records Vol. 8 1887-1890]
Prichard Margaret 1
Page Roswell 12
Ports Absalom 331
Potter Cornelia 426
Penry David 454
Pierce Harriet R. 480 Case 4647
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 46)
Description
[page 46]
[corresponds to back of index page P of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page P of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 47)
Description
[page 47]
[corresponds to front of index page Q of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to front of index page Q of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 48)
Description
[page 48]
[corresponds to back of index page Q of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page Q of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 49)
Description
[page 49]
[corresponds to front of index page R of Delaware County Will Records Vol. 8 1887-1890]
Roberts John 107
Roberts Ann 211
Ross David S. 233
Robinson Owen 303
Rathbone Johm 312 Case 4465
[corresponds to front of index page R of Delaware County Will Records Vol. 8 1887-1890]
Roberts John 107
Roberts Ann 211
Ross David S. 233
Robinson Owen 303
Rathbone Johm 312 Case 4465
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 50)
Description
[page 50]
[corresponds to back of index page R of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page R of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 51)
Description
[page 51]
[corresponds to front of index page S of Delaware County Will Records Vol. 8 1887-1890]
Sager William 32 Case No 4141
Stark David A. 53 Case No 4159
Smith William 61
Seely Thadeus O. 65
Stern James 78
Sping Absalom 143 Case No 4271
Stabler M Aletha 192
Spohn Solomon W. 237
Sackrider Harriet 327
Smith Betsey 377
Scott Margaret E. 410
[corresponds to front of index page S of Delaware County Will Records Vol. 8 1887-1890]
Sager William 32 Case No 4141
Stark David A. 53 Case No 4159
Smith William 61
Seely Thadeus O. 65
Stern James 78
Sping Absalom 143 Case No 4271
Stabler M Aletha 192
Spohn Solomon W. 237
Sackrider Harriet 327
Smith Betsey 377
Scott Margaret E. 410
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 52)
Description
[page 52]
[corresponds to back of index page S of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page S of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 53)
Description
[page 53]
[corresponds to front of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Note: This is not the front of index page T
[corresponds to front of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Note: This is not the front of index page T
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 54)
Description
[page 54]
[corresponds to back of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Note: This is not the back of index page T
[corresponds to back of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Note: This is not the back of index page T
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 55)
Description
[page 55]
[corresponds to front of unlabeled index page of Delaware
County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to front of unlabeled index page of Delaware
County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 56)
Description
[page 56]
[corresponds to back of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 57)
Description
[page 57]
[corresponds to front of index page T of Delaware County Will Records Vol. 8 1887-1890]
Turner Albert 368
[corresponds to front of index page T of Delaware County Will Records Vol. 8 1887-1890]
Turner Albert 368
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 58)
Description
[page 58]
[corresponds to back of index page T of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page T of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 59)
Description
[page 59]
[corresponds to front of index page U V of Delaware County Will Records Vol. 8 1887-1890]
Van Deman Sarah 118
Vansickle Isaac 250 Case No 4398
[corresponds to front of index page U V of Delaware County Will Records Vol. 8 1887-1890]
Van Deman Sarah 118
Vansickle Isaac 250 Case No 4398
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 60)
Description
[page 60]
[corresponds to back of index page U V of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page U V of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 61)
Description
[page 61]
[corresponds to front of index page W of Delaware County Will Records Vol. 8 1887-1890]
Wilcox Martin 24
Williams Rees 73
Welch Augustus A. 113
Whyte Robert Alfred 59
Williams John D. 176
Wilson John 188
Wollam Peter 207
Waterman Louisa 291
Worline Abraham 398
Welch Sallie 431 Case 4618
Wood Joel B. 436 Case 4617
[corresponds to front of index page W of Delaware County Will Records Vol. 8 1887-1890]
Wilcox Martin 24
Williams Rees 73
Welch Augustus A. 113
Whyte Robert Alfred 59
Williams John D. 176
Wilson John 188
Wollam Peter 207
Waterman Louisa 291
Worline Abraham 398
Welch Sallie 431 Case 4618
Wood Joel B. 436 Case 4617
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 62)
Description
[page 62]
[corresponds to back of index page W of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page W of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 63)
Description
[page 63]
[corresponds to front of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to front of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 64)
Description
[page 64]
[corresponds to back of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of unlabeled index page of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 65)
Description
[page 65]
[corresponds to front of index page Y Z of Delaware County Will Records Vol. 8 1887-1890]
Young Lydia E. 196
[corresponds to front of index page Y Z of Delaware County Will Records Vol. 8 1887-1890]
Young Lydia E. 196
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 66)
Description
[page 66]
[corresponds to back of index page Y Z of Delaware County Will Records Vol. 8 1887-1890]
[blank]
[corresponds to back of index page Y Z of Delaware County Will Records Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 67)
Description
[page 67]
[corresponds to page 1 of Delaware County Will Records Vol. 8 1887-1890]
1
Margaret Prichard's Will.
Journal Entry.
March 22d. 1887.
In the matter of the Will }
of Margaret Prichard, deceased. } In Probate Court.
This day, an instru
ment of writing, purporting to be the last Will and
Testament of Margaret Prichard, late of Radnor Town-
ship, in this County, deceased, was produced in
open Court for Probate; On consideration whereof,
it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the ap-
plication to admit the same to probate and record, be
given to William Prichard, David L. Prichard,
Wm W. Prichard, John Prichard, Benj Prichard,
Gomer Prichard, Sarah Jones, Ella Long, Anna
Prichard, Margaret Prichard, William Griffiths
& Millie Griffiths heirs and next of kin of the
Testatrix, resident of the State of Ohio, that said ap-
plication will be for hearing before this Court on the
1st day of April A.D. 1887, at 10 o'clock A.M.
Rufus Carpenter
Probate Judge
Notice to Heirs
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will
and Testament of Margaret Prichard, deceased.
To Wil-
liam Prichard, David L. Prichard, Wm W. Prichard
John Prichard, Benj. Prichard, Gomer Prichard,
Sarah Jones, Ella Long, Anna Prichard, Mar-
garet Prichard, William Griffiths and Millie Grif-
fiths.
You are hereby notified that on the 22nd day
of March A.D. 1887 an instrument of writing, pur-
porting to be the last Will and Testament of Marga-
ret Prichard late of Radnor Township, in said Coun-
ty, deceased, was produced in open Court, and an
application to admit the same to probate was on the
same day made in said Court. Said application
will be for hearing before this Court on the 1st
day of April A.D. 1887, at 10 o'clock A.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 22nd day of March
A.D. 1887
[corresponds to page 1 of Delaware County Will Records Vol. 8 1887-1890]
1
Margaret Prichard's Will.
Journal Entry.
March 22d. 1887.
In the matter of the Will }
of Margaret Prichard, deceased. } In Probate Court.
This day, an instru
ment of writing, purporting to be the last Will and
Testament of Margaret Prichard, late of Radnor Town-
ship, in this County, deceased, was produced in
open Court for Probate; On consideration whereof,
it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the ap-
plication to admit the same to probate and record, be
given to William Prichard, David L. Prichard,
Wm W. Prichard, John Prichard, Benj Prichard,
Gomer Prichard, Sarah Jones, Ella Long, Anna
Prichard, Margaret Prichard, William Griffiths
& Millie Griffiths heirs and next of kin of the
Testatrix, resident of the State of Ohio, that said ap-
plication will be for hearing before this Court on the
1st day of April A.D. 1887, at 10 o'clock A.M.
Rufus Carpenter
Probate Judge
Notice to Heirs
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will
and Testament of Margaret Prichard, deceased.
To Wil-
liam Prichard, David L. Prichard, Wm W. Prichard
John Prichard, Benj. Prichard, Gomer Prichard,
Sarah Jones, Ella Long, Anna Prichard, Mar-
garet Prichard, William Griffiths and Millie Grif-
fiths.
You are hereby notified that on the 22nd day
of March A.D. 1887 an instrument of writing, pur-
porting to be the last Will and Testament of Marga-
ret Prichard late of Radnor Township, in said Coun-
ty, deceased, was produced in open Court, and an
application to admit the same to probate was on the
same day made in said Court. Said application
will be for hearing before this Court on the 1st
day of April A.D. 1887, at 10 o'clock A.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 22nd day of March
A.D. 1887
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 68)
Description
[page 68]
[corresponds to page 2 of Delaware County Will Records Vol. 8 1887-1890]
2
Margaret Prichard's Will
Return
The State of Ohio } ss
Delaware County }
Jno. A Cone being duly sworn,
says that on the 25 day of March, A.D. 1887, he
served the within notice to the within named Wm
Prichard, Anna Prichard, Maggie Prichard, Gomer
Prichard, Ella Cox, David L. Prichard, Sarah
Jones, Benj. Prichard, John Prichard and Wm. W.
Prichard.
Jno. A Cone
Subscribed in my presence and sworn to before me this
1st day of April 1887.
Rufus Carpenter
{Seal} Probate Judge
We the undersigned persons within name hereby ac-
knowledge service of the within notice this -- day of
March A.D. 1887.
Wm. Prichard David L. Prichard
Anna Prichard Sarah Jones
Maggie Prichard Benj. Prichard
Gomer Prichard John Prichard
Ellie Cox
Probate of Will
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open Court
D. G. Edwards and John A. Cone the subscribing wit-
nesses to the last Will and Testament of Margaret Prich-
ard late of Radnor Township in said Delaware County
deceased who being duly sworn according to law to speak
the truth, the whole truth, and nothing but the truth,
in relation to execution of said Will, depose and Say:
That the paper before them bearing date the 6th day of
December A.D. 1886 purporting to be the last Will and
Testament of Margaret Prichard now deceased, is the
Will of said deceased. Margaret Prichard that they
were present at the execution of said Will, and at the
request of the Testatrix, respectively subscribed their names
to the same as witnesses in her presence; that they saw
the said Margaret Prichard deceased, sign and seal said
Will and heard her acknowledge the same to be her last
Will and Testament and that the said Margaret Prich-
ard at the time of making, signing and sealing said Will
[corresponds to page 2 of Delaware County Will Records Vol. 8 1887-1890]
2
Margaret Prichard's Will
Return
The State of Ohio } ss
Delaware County }
Jno. A Cone being duly sworn,
says that on the 25 day of March, A.D. 1887, he
served the within notice to the within named Wm
Prichard, Anna Prichard, Maggie Prichard, Gomer
Prichard, Ella Cox, David L. Prichard, Sarah
Jones, Benj. Prichard, John Prichard and Wm. W.
Prichard.
Jno. A Cone
Subscribed in my presence and sworn to before me this
1st day of April 1887.
Rufus Carpenter
{Seal} Probate Judge
We the undersigned persons within name hereby ac-
knowledge service of the within notice this -- day of
March A.D. 1887.
Wm. Prichard David L. Prichard
Anna Prichard Sarah Jones
Maggie Prichard Benj. Prichard
Gomer Prichard John Prichard
Ellie Cox
Probate of Will
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open Court
D. G. Edwards and John A. Cone the subscribing wit-
nesses to the last Will and Testament of Margaret Prich-
ard late of Radnor Township in said Delaware County
deceased who being duly sworn according to law to speak
the truth, the whole truth, and nothing but the truth,
in relation to execution of said Will, depose and Say:
That the paper before them bearing date the 6th day of
December A.D. 1886 purporting to be the last Will and
Testament of Margaret Prichard now deceased, is the
Will of said deceased. Margaret Prichard that they
were present at the execution of said Will, and at the
request of the Testatrix, respectively subscribed their names
to the same as witnesses in her presence; that they saw
the said Margaret Prichard deceased, sign and seal said
Will and heard her acknowledge the same to be her last
Will and Testament and that the said Margaret Prich-
ard at the time of making, signing and sealing said Will
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 69)
Description
[page 69]
[corresponds to page 3 of Delaware County Will Records Vol. 8 1887-1890]
3
Margaret Prichard's Will
was of full age, of sound mind and memory, and not
under any restraint.
D. G. Edwards
Jno. A. Cone.
Sworn to and subscribed by said witnesses, in open
Court, this 1st day of April A. D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry
April 1st 1887
In the matter of the Will of } ss
Margaret Prichard, deceased. }
Be it remembered, that
heretofore, to-wit: on the 22d day of March A.D. 1887,
an instrument of writing, purporting to be the last
Will and Testament of Margaret Prichard, late of
Radnor Township, in this County, deceased, was produced
in open Court for probate, and was then filed. And, it now
being shown to the satisfaction of the Court, that due
notice of the filing of said Will, and of the applica-
tion to admit the same to probate and record in this
Court has been given to Wm Prichard, Anna Prich-
ard, Maggie Prichard, Gomer Prichard, Ella Cox
David L Prichard, Sarah Jones Benj. Prichard,
John Prichard and Wm W. Prichard heirs and next of
kin of the Testatrix resident of the State of Ohio,
pursuant to a former order of this Court; therefore, on
this day came to D. G. Edwards and Jno. A. Cone, the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Margaret Prichard, deeceased. That the same was
duly executed and attested, and that the said Testa-
trix, at the time of making, signing and sealing said
Will, was of full age of sound mind and memory and
not under any restraint. This, therefore, by the Court
ordered that the said Will be admitted to probate, and
that the same, together with the testimony of the wit-
nesses above named, as well as the proceedings had there-
on, be entered of record in this Court.
Rufus Carpenter
Probate Judge
[corresponds to page 3 of Delaware County Will Records Vol. 8 1887-1890]
3
Margaret Prichard's Will
was of full age, of sound mind and memory, and not
under any restraint.
D. G. Edwards
Jno. A. Cone.
Sworn to and subscribed by said witnesses, in open
Court, this 1st day of April A. D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry
April 1st 1887
In the matter of the Will of } ss
Margaret Prichard, deceased. }
Be it remembered, that
heretofore, to-wit: on the 22d day of March A.D. 1887,
an instrument of writing, purporting to be the last
Will and Testament of Margaret Prichard, late of
Radnor Township, in this County, deceased, was produced
in open Court for probate, and was then filed. And, it now
being shown to the satisfaction of the Court, that due
notice of the filing of said Will, and of the applica-
tion to admit the same to probate and record in this
Court has been given to Wm Prichard, Anna Prich-
ard, Maggie Prichard, Gomer Prichard, Ella Cox
David L Prichard, Sarah Jones Benj. Prichard,
John Prichard and Wm W. Prichard heirs and next of
kin of the Testatrix resident of the State of Ohio,
pursuant to a former order of this Court; therefore, on
this day came to D. G. Edwards and Jno. A. Cone, the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Margaret Prichard, deeceased. That the same was
duly executed and attested, and that the said Testa-
trix, at the time of making, signing and sealing said
Will, was of full age of sound mind and memory and
not under any restraint. This, therefore, by the Court
ordered that the said Will be admitted to probate, and
that the same, together with the testimony of the wit-
nesses above named, as well as the proceedings had there-
on, be entered of record in this Court.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 70)
Description
[page 70]
[corresponds to page 4 of Delaware County Will Records Vol. 8 1887-1890]
4
Margaret Prichard's Will
Copy of Will
In the name of the Benevolent Father of All,
Amen:
I Margaret Prichard, wife of William Prich-
ard, of Radnor Township, Delaware County. Ohio
being of sound and disposing mind and memory do make
and publish the following as my last Will and Testa-
ment.
Item First I give devise and bequeath to my beloved husband Wil-
liam Prichard the certain parcel of land consisting of
about three and one half (3 1/2) acres situated in Radnor
township, Delaware County, Ohio, and adjoining the
Lot in the Village of Radnor. Ohio, on which we
now reside, to be by him occupied and used during his
natural lifetime: And also. I give and bequeath to
my said husband the interest or income arising from
my personal estate, consisting of about Two Thousand
Dollars, more or less, in money and credits, said
interest or income to be by him used for his comfort
and support during his natural lifetime, but no part of
said principal is to be by him used: And I direct that my
said husband shall keep in repair the fence about the
lot on which we now live, for the benefit of my daughter
Anna, out of said income, during his lifetime.
Item Second. I give devise and bequeath to my daughter
Anna Prichard the House lot, office to which I own in
the Village of Radnor Delaware County, Ohio
with all the privileges and appurtenances thereunto be-
longing. And I request my said daughter Anna to
remain and keep house for her father and furnish him
a home either in said house or otherwise so long as he
lives and remains a widower.
Item Third: I give and bequeath to each of my two daughters
Anna and Margaret one bed, including feather bed
pillows, bed clothes &c for each of said Beds:
Item Fourth: I give devise and bequeath to my several children
my legal heirs all the rest and remainder of my
estate, personal and real, that may remain after the
death of my said husband excepting the said house
and lot above devised to my said daughter Anna, and
said Beds &c bequeathed to my said two daughters
Anna and Margaret to be shared and divided among
them, share and share alike.
[corresponds to page 4 of Delaware County Will Records Vol. 8 1887-1890]
4
Margaret Prichard's Will
Copy of Will
In the name of the Benevolent Father of All,
Amen:
I Margaret Prichard, wife of William Prich-
ard, of Radnor Township, Delaware County. Ohio
being of sound and disposing mind and memory do make
and publish the following as my last Will and Testa-
ment.
Item First I give devise and bequeath to my beloved husband Wil-
liam Prichard the certain parcel of land consisting of
about three and one half (3 1/2) acres situated in Radnor
township, Delaware County, Ohio, and adjoining the
Lot in the Village of Radnor. Ohio, on which we
now reside, to be by him occupied and used during his
natural lifetime: And also. I give and bequeath to
my said husband the interest or income arising from
my personal estate, consisting of about Two Thousand
Dollars, more or less, in money and credits, said
interest or income to be by him used for his comfort
and support during his natural lifetime, but no part of
said principal is to be by him used: And I direct that my
said husband shall keep in repair the fence about the
lot on which we now live, for the benefit of my daughter
Anna, out of said income, during his lifetime.
Item Second. I give devise and bequeath to my daughter
Anna Prichard the House lot, office to which I own in
the Village of Radnor Delaware County, Ohio
with all the privileges and appurtenances thereunto be-
longing. And I request my said daughter Anna to
remain and keep house for her father and furnish him
a home either in said house or otherwise so long as he
lives and remains a widower.
Item Third: I give and bequeath to each of my two daughters
Anna and Margaret one bed, including feather bed
pillows, bed clothes &c for each of said Beds:
Item Fourth: I give devise and bequeath to my several children
my legal heirs all the rest and remainder of my
estate, personal and real, that may remain after the
death of my said husband excepting the said house
and lot above devised to my said daughter Anna, and
said Beds &c bequeathed to my said two daughters
Anna and Margaret to be shared and divided among
them, share and share alike.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 71)
Description
[page 71]
[corresponds to page 5 of Delaware County Will Records Vol. 8 1887-1890]
5
Margaret Prichard's Will
Item Fifth: I hereby nominate and appoint my said hus-
band William Prichard Executor of this my
last Will and Testament without Bond and direct
that there be no appraisement nor sale of any
part of my estate, during the life time of my
said husband and no inventory of the same ex-
cepting that I desire my said husband to file
in the Probate Court a schedule of my money
and credits, to be prepared by him without the
formality of the appointment of Appraisers. by the
Court.
I hereby revoke all former Wills by me
made, and declare the foregoing to be my last Will
and Testament.
Witness my signature and seal this
6" day of December in the year of our Lord one Thous-
and Eight Hundred & Eighty Six.
her
Margaret X Prichard
mark
Signed by the said Margaret Prichard in our pres-
ence, and by her declared to be her last will and testa-
ment in our hearing, and signed by us, at her request,
as witnesses, in her presence and in the presence of
each other, on said December 6" A.D. 1886.
D.G. Edwards
Jno. A. Cone.
[corresponds to page 5 of Delaware County Will Records Vol. 8 1887-1890]
5
Margaret Prichard's Will
Item Fifth: I hereby nominate and appoint my said hus-
band William Prichard Executor of this my
last Will and Testament without Bond and direct
that there be no appraisement nor sale of any
part of my estate, during the life time of my
said husband and no inventory of the same ex-
cepting that I desire my said husband to file
in the Probate Court a schedule of my money
and credits, to be prepared by him without the
formality of the appointment of Appraisers. by the
Court.
I hereby revoke all former Wills by me
made, and declare the foregoing to be my last Will
and Testament.
Witness my signature and seal this
6" day of December in the year of our Lord one Thous-
and Eight Hundred & Eighty Six.
her
Margaret X Prichard
mark
Signed by the said Margaret Prichard in our pres-
ence, and by her declared to be her last will and testa-
ment in our hearing, and signed by us, at her request,
as witnesses, in her presence and in the presence of
each other, on said December 6" A.D. 1886.
D.G. Edwards
Jno. A. Cone.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 72)
Description
[page 72]
[corresponds to page 6 of Delaware County Will Records Vol. 8 1887-1890]
6
William McCreary's Will.
Journal Entry.
April 7 1887.
In the Matter of the Will of } In Probate Court.
William McCreary, deceased. }
This day, an instru-
ment of writing, purporting to be the last Will and
Testament of William McCreary, late of Porter
Township, in this County, deceased, was produced
in open Court for Probate; On Consideration
whereof, it is ordered that the said Will be filed
in this Court, and that due notice therefo, and of
the application to admit the same to probate and
record, be given to Caroline McCreary, widow, and
Dianna E. McCreary and Oscar McCreary heirs
and next of kin of the Testator, resident of the State
of Ohio, that said application will be for hearing
before this Court on the 12" day of April A.D.
1887, at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } SS In Probate Court
Delaware County }
In the Matter of the last Will of
and Testament of William McCreary, deceased.
To
Caroline McCreary, Dianna McCreary and
Oscar McCreary.
You are hereby notified that
on the 7" day of April, A.d. 1887, an instrument
of writing purporting to be the last Will and Testa-
ment of William McCreary, late of Porter Town-
ship, in said County deceased, was produced in
open Court, and an application to admit the same
to probate was on the same day made in said
Court. Said application will be for hearing before
this Court on the 12" day of April A.D. 1887,
at 10 o'clock A.M.,
Rufus Carpenter
{seal} Probate Judge
Dated at Delaware Ohio, this 7" day of April
A.D. 1887
[corresponds to page 6 of Delaware County Will Records Vol. 8 1887-1890]
6
William McCreary's Will.
Journal Entry.
April 7 1887.
In the Matter of the Will of } In Probate Court.
William McCreary, deceased. }
This day, an instru-
ment of writing, purporting to be the last Will and
Testament of William McCreary, late of Porter
Township, in this County, deceased, was produced
in open Court for Probate; On Consideration
whereof, it is ordered that the said Will be filed
in this Court, and that due notice therefo, and of
the application to admit the same to probate and
record, be given to Caroline McCreary, widow, and
Dianna E. McCreary and Oscar McCreary heirs
and next of kin of the Testator, resident of the State
of Ohio, that said application will be for hearing
before this Court on the 12" day of April A.D.
1887, at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } SS In Probate Court
Delaware County }
In the Matter of the last Will of
and Testament of William McCreary, deceased.
To
Caroline McCreary, Dianna McCreary and
Oscar McCreary.
You are hereby notified that
on the 7" day of April, A.d. 1887, an instrument
of writing purporting to be the last Will and Testa-
ment of William McCreary, late of Porter Town-
ship, in said County deceased, was produced in
open Court, and an application to admit the same
to probate was on the same day made in said
Court. Said application will be for hearing before
this Court on the 12" day of April A.D. 1887,
at 10 o'clock A.M.,
Rufus Carpenter
{seal} Probate Judge
Dated at Delaware Ohio, this 7" day of April
A.D. 1887
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 73)
Description
[page 73]
[corresponds to page 7 of Delaware County Will Records Vol. 8 1887-1890]
7
William McCreary's Estate
Return.
The State of Ohio } ss
Delaware County }
Charles Wilcox being duly
sworn, says that on the 7" & 11" days of April,
A.D. 1887, he served the within notice by delivering
a true copy thereof to the within named Caro-
line McCreary, Dianna McCreary & Oscar
McCreary.
Charles Wilcox
Subscribed in my presence and sworn to before me
this 12" day of April. 1887.
Rufus Carpenter
{seal} Probate Judge
I the undersigned person within named hereby
acknowledge service of the within notice this 7" day
of April A.D. 1887.
Baker T. McCreary
Journal Entry.
April 12" 1887.
In the Matter of the Will of }
William McCreary, deceased. }
Be it remembered, that
heretofore to-wit: on the 7th day of April. A.D. 1887,
an instrument of writing, purporting to be the last
Will and Testament of William McCreary late
of Porter Township, in this County, deceased, was
produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said
Will, and of the application to admit the same
to probate and record in this Court, has been given
to Caroline McCreary, Diana McCreary and
Oscar McCreary, heirs and next of kin of the
Testator, resident of the State of Ohio pursuant to
a former order of this Court. ~ And it appearing
that A.J. Roberts, and Alvira Tims the subscrib
ing witnesses to said Will, are residents of Sparta
Morrow County Ohio, and are without the juris-
diction of this Court, it is therefore ordered that a
commission with the Will annexed issue herein to
Henry Weaver, Sparta, Morrow County Ohio
directing him to take the deposition of said sub-
scribing witnesses and return the same duly certified
[corresponds to page 7 of Delaware County Will Records Vol. 8 1887-1890]
7
William McCreary's Estate
Return.
The State of Ohio } ss
Delaware County }
Charles Wilcox being duly
sworn, says that on the 7" & 11" days of April,
A.D. 1887, he served the within notice by delivering
a true copy thereof to the within named Caro-
line McCreary, Dianna McCreary & Oscar
McCreary.
Charles Wilcox
Subscribed in my presence and sworn to before me
this 12" day of April. 1887.
Rufus Carpenter
{seal} Probate Judge
I the undersigned person within named hereby
acknowledge service of the within notice this 7" day
of April A.D. 1887.
Baker T. McCreary
Journal Entry.
April 12" 1887.
In the Matter of the Will of }
William McCreary, deceased. }
Be it remembered, that
heretofore to-wit: on the 7th day of April. A.D. 1887,
an instrument of writing, purporting to be the last
Will and Testament of William McCreary late
of Porter Township, in this County, deceased, was
produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said
Will, and of the application to admit the same
to probate and record in this Court, has been given
to Caroline McCreary, Diana McCreary and
Oscar McCreary, heirs and next of kin of the
Testator, resident of the State of Ohio pursuant to
a former order of this Court. ~ And it appearing
that A.J. Roberts, and Alvira Tims the subscrib
ing witnesses to said Will, are residents of Sparta
Morrow County Ohio, and are without the juris-
diction of this Court, it is therefore ordered that a
commission with the Will annexed issue herein to
Henry Weaver, Sparta, Morrow County Ohio
directing him to take the deposition of said sub-
scribing witnesses and return the same duly certified
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 74)
Description
[page 74]
[corresponds to page 8 of Delaware County Will Records Vol. 8 1887-1890]
8
William McCreary's Estate
with all convenient speed, to this Court
Rufus Carpenter
Probate Judge
Commission
To Take Testimony of Witness to Will.
The State of Ohio } ss
Delaware County }
To Henry D. Weaver, 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 A.J. Roberts and Alvira Tims, subscribing
witnesses to the last Will and Testament of William
McCreary hereto 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 A.J.
Roberts & Alvira Tims to be brought before you,
and then and there to examine them on oath or affirm
ation first taken before you, touching the due execu-
tion of said Will of the said William McCreary
and that you reduce such examination to writing,
and return the same, together with this Commission
and the Will of the said William McCreary
thereto annexed, closed up under you seal, into our
said Probate Court, with all convenient speed.
In Testimony
Whereof, I, Rufus Carpenter, Judge of the said
Court, have hereunto set my hand and affixed
the seal of said Court, at Delaware, this 12" day
of April A.D. 1887.
{seal} Rufus Carpenter
Probate Judge
Copy of Will.
In the name of the Benevolent Father of All:
I William McCreary of Porter Township, Dela-
ware County Ohio do make and publish this my
last Will and Testament.
Item 1st I give and devise to my beloved wife in lieu of her
dower the farm on which we now reside Situate
in Porter Township, Delaware County Ohio.
[corresponds to page 8 of Delaware County Will Records Vol. 8 1887-1890]
8
William McCreary's Estate
with all convenient speed, to this Court
Rufus Carpenter
Probate Judge
Commission
To Take Testimony of Witness to Will.
The State of Ohio } ss
Delaware County }
To Henry D. Weaver, 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 A.J. Roberts and Alvira Tims, subscribing
witnesses to the last Will and Testament of William
McCreary hereto 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 A.J.
Roberts & Alvira Tims to be brought before you,
and then and there to examine them on oath or affirm
ation first taken before you, touching the due execu-
tion of said Will of the said William McCreary
and that you reduce such examination to writing,
and return the same, together with this Commission
and the Will of the said William McCreary
thereto annexed, closed up under you seal, into our
said Probate Court, with all convenient speed.
In Testimony
Whereof, I, Rufus Carpenter, Judge of the said
Court, have hereunto set my hand and affixed
the seal of said Court, at Delaware, this 12" day
of April A.D. 1887.
{seal} Rufus Carpenter
Probate Judge
Copy of Will.
In the name of the Benevolent Father of All:
I William McCreary of Porter Township, Dela-
ware County Ohio do make and publish this my
last Will and Testament.
Item 1st I give and devise to my beloved wife in lieu of her
dower the farm on which we now reside Situate
in Porter Township, Delaware County Ohio.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 75)
Description
[page 75]
[corresponds to page 9 of Delaware County Will Records Vol. 8 1887-1890]
9
William McCreary's Will
Containing about One Hundred Acres of Land
during her natural life and all the Stock house-
hold goods furniture provision and other goods and
Chattels which may be thereon at the time of
my decease during her natural life as aforesaid.
(She however selling so much thereof as may be
sufficient to pay my just debts - and should
the use of the Estate aforesaid be insufficient for
the maintenance of my said wife then and in
that case she is hereby empowered to sell and
make use of so much of the personal estate as
will be necessary for her comfortable support.
Item 2nd At the death of my said wife I devise and bequeath
to my daughter Diana E. McCreary and my
son Oscar McCreary my entire estate both
Real and personal in the manner following to wit.
Divided so and in such a manner that my daugh-
ter Diana E. McCreary shall have in excess of
my son Oscar McCreary in the sum of five hun-
dred dollars, that is to say - that five hundred
dollars shall be taken out of said estate and given
to my daughter Diana E. McCreary - and the resi-
due divided equal between said devisees.
Item 3rd I do hereby nominate and appoint my said wife Car-
oline McCreary Executrix of this my last will and
Testament thereby authorizing and empowering her to
compromise - adjust. Release and discharge in such
manner as she may deem proper the debts and claims
due me. I do also authorize and empower her 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 she may think proper:
all or any part of my Real Estate and Deeds to
purchasers to execute acknowledge and deliver in fee
simple.
I desire that no appraisement and no sale of
my personal property be made and that the Court
of Probate direct the omission of the same in pur-
suance of the Statute.
In testimony hereof I have
hereunto set my hand and seal this eleventh day
of December A.D. 1874.
William McCreary {Seal}
Signed and acknowledged by said William McCreary as
his last will and testament in our presence and signed by us
in his presence.
A.J. Roberts
Alvira Tims
[corresponds to page 9 of Delaware County Will Records Vol. 8 1887-1890]
9
William McCreary's Will
Containing about One Hundred Acres of Land
during her natural life and all the Stock house-
hold goods furniture provision and other goods and
Chattels which may be thereon at the time of
my decease during her natural life as aforesaid.
(She however selling so much thereof as may be
sufficient to pay my just debts - and should
the use of the Estate aforesaid be insufficient for
the maintenance of my said wife then and in
that case she is hereby empowered to sell and
make use of so much of the personal estate as
will be necessary for her comfortable support.
Item 2nd At the death of my said wife I devise and bequeath
to my daughter Diana E. McCreary and my
son Oscar McCreary my entire estate both
Real and personal in the manner following to wit.
Divided so and in such a manner that my daugh-
ter Diana E. McCreary shall have in excess of
my son Oscar McCreary in the sum of five hun-
dred dollars, that is to say - that five hundred
dollars shall be taken out of said estate and given
to my daughter Diana E. McCreary - and the resi-
due divided equal between said devisees.
Item 3rd I do hereby nominate and appoint my said wife Car-
oline McCreary Executrix of this my last will and
Testament thereby authorizing and empowering her to
compromise - adjust. Release and discharge in such
manner as she may deem proper the debts and claims
due me. I do also authorize and empower her 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 she may think proper:
all or any part of my Real Estate and Deeds to
purchasers to execute acknowledge and deliver in fee
simple.
I desire that no appraisement and no sale of
my personal property be made and that the Court
of Probate direct the omission of the same in pur-
suance of the Statute.
In testimony hereof I have
hereunto set my hand and seal this eleventh day
of December A.D. 1874.
William McCreary {Seal}
Signed and acknowledged by said William McCreary as
his last will and testament in our presence and signed by us
in his presence.
A.J. Roberts
Alvira Tims
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 76)
Description
[page 76]
[corresponds to page 10 of Delaware County Will Records Vol. 8 1887-1890]
10
William McCreary's Will
Deposition of Witness to Will
The State of Ohio } ss
Morrow County }
In the matter of the last Will and
Testament of William McCreary.
Personally appeared
before me Henry Weaver Commissioner, A.J. Rob-
erts and Alvira Tims subscribing witnesses to the last
Will and Testament of William McCreary late of
Porter Township in said Delaware County, deceased,
who being by me first duly sworn according to law,
to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will
depose and say. That they were present at the exe-
cution of the paper before them bearing date the 11"
day of December, A.D. 1874, purporting to be the
last Will and Testament of William McCreary now,
deceased, whose name is signed at the end thereof,
and at the request of said deceased they subscribed
their names to the same as witnesses in his presence;
that they saw the said William McCreary sign
and seal said Will, and heard him acknowledge the
same to be his last Will and Testament, and that
the said William McCreary at the time of mak-
ing, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint
and that the said William McCreary is now
dead.
A.J. Roberts
Alvira Tims
The State of Ohio } ss
Morrow County }
I, Henry D. Weaver, duly ap-
pointed and commissioned by the Judge of the Probate
Court, of the County of Delaware and the State of
Ohio, to take the testimony of A.J. Roberts and
Alvira Tims subscribing witnesses to the late Will
and Testament of William McCreary, deceased, late a
resident of said County and State, which Commis-
sion, and the said Will are hereto annexed, do hereby
certify that in pursuance of said Commission I
caused the above named A.J. Roberts and Alvira
Tims subscribing witnesses as aforesaid to appear be-
fore me, at Sparta on the 16th day of April 1887.,
that they were first duly sworn by me, according
to law, to speak the truth, the whole truth, and
nothing but the truth; that I examined them in
[corresponds to page 10 of Delaware County Will Records Vol. 8 1887-1890]
10
William McCreary's Will
Deposition of Witness to Will
The State of Ohio } ss
Morrow County }
In the matter of the last Will and
Testament of William McCreary.
Personally appeared
before me Henry Weaver Commissioner, A.J. Rob-
erts and Alvira Tims subscribing witnesses to the last
Will and Testament of William McCreary late of
Porter Township in said Delaware County, deceased,
who being by me first duly sworn according to law,
to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will
depose and say. That they were present at the exe-
cution of the paper before them bearing date the 11"
day of December, A.D. 1874, purporting to be the
last Will and Testament of William McCreary now,
deceased, whose name is signed at the end thereof,
and at the request of said deceased they subscribed
their names to the same as witnesses in his presence;
that they saw the said William McCreary sign
and seal said Will, and heard him acknowledge the
same to be his last Will and Testament, and that
the said William McCreary at the time of mak-
ing, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint
and that the said William McCreary is now
dead.
A.J. Roberts
Alvira Tims
The State of Ohio } ss
Morrow County }
I, Henry D. Weaver, duly ap-
pointed and commissioned by the Judge of the Probate
Court, of the County of Delaware and the State of
Ohio, to take the testimony of A.J. Roberts and
Alvira Tims subscribing witnesses to the late Will
and Testament of William McCreary, deceased, late a
resident of said County and State, which Commis-
sion, and the said Will are hereto annexed, do hereby
certify that in pursuance of said Commission I
caused the above named A.J. Roberts and Alvira
Tims subscribing witnesses as aforesaid to appear be-
fore me, at Sparta on the 16th day of April 1887.,
that they were first duly sworn by me, according
to law, to speak the truth, the whole truth, and
nothing but the truth; that I examined them in
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 77)
Description
[page 77]
[corresponds to page 11 of Delaware County Will Records Vol. 8 1887-1890]
11
William McCreary's Will
relation to the execution of said Will, and reduced
their testimony to writing as above set forth in
their presence and that they signed the same
in my presence, and I further certify that I
am not Counsel, Attorney or Relative of any of
the parties named in said Will, or otherwise in-
terested in the Probate thereof.
In witness whereof
I have hereunto set my hand, this 16th day of
April A.D. 1887.
H.D. Weaver
Commissioner
Journal Entry
April 19" 1887.
In the Matter of the Will of }
Wiliam McCreary, deceased }
The commission heretofore
issued herein to take the testimony of Alvira Tims
and A.J. Roberts the subscribing witnesses to the
Will of said William McCreary, deceased, was
this day returned duly executed, and the same
was filed herein. And it appearing to the Court
from the testimony so taken that the said Will
was duly executed and attested, and that at the time
of executing the same the Testator was of full age,
and of sound mind and memory, and not under any
restraint, the Court now admit the said Will to
probate, and order the same, together with the testi-
mony so taken, to be recorded according to the statute
in such cases made and provided.
Rufus Carpenter
Probate Judge
[corresponds to page 11 of Delaware County Will Records Vol. 8 1887-1890]
11
William McCreary's Will
relation to the execution of said Will, and reduced
their testimony to writing as above set forth in
their presence and that they signed the same
in my presence, and I further certify that I
am not Counsel, Attorney or Relative of any of
the parties named in said Will, or otherwise in-
terested in the Probate thereof.
In witness whereof
I have hereunto set my hand, this 16th day of
April A.D. 1887.
H.D. Weaver
Commissioner
Journal Entry
April 19" 1887.
In the Matter of the Will of }
Wiliam McCreary, deceased }
The commission heretofore
issued herein to take the testimony of Alvira Tims
and A.J. Roberts the subscribing witnesses to the
Will of said William McCreary, deceased, was
this day returned duly executed, and the same
was filed herein. And it appearing to the Court
from the testimony so taken that the said Will
was duly executed and attested, and that at the time
of executing the same the Testator was of full age,
and of sound mind and memory, and not under any
restraint, the Court now admit the said Will to
probate, and order the same, together with the testi-
mony so taken, to be recorded according to the statute
in such cases made and provided.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 78)
Description
[page 78]
[corresponds to page 12 of Delaware County Will Records Vol. 8 1887-1890]
12
Roswell Page's Will
Journal Entry
April 11" 1887
In the matter of the Will } In the Probate Court
of Roswell Page, deceased } of Delaware County, O.
This day, an instrument of writing purporting to be
the last Will and Testament of Roswell Page, late
of Porter Township in this County, deceased, was
produced in open Court for Probate. On consideration
Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of
the application to admit the same to probate and record,
be given to Harmon Page, Sarah J. Davy, Mary
A. Robinson. Ann E Goare, Martha E. Riggle
and John Chase heirs and next of kin of the Testa-
tor, resident of the State of Ohio, that said appli-
cation will be for hearing before this Court on the
21st day of April. A.D. 1887 at 10 o'clock A.M.
Rufus Carpenter
Probate Judge
Notice to Heirs
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will
and Testament of Roswell Page, deceased.
To Harmon
Page Sarah J. Davy, Mary A. Robinson, Annie
E. Goare, Martha E Riggle and John Chase.
You are hereby notified that on the 11" day of
April A.D. 1887, an instrument of writing, purport-
ing to be the last Will and Testament of Roswell Page
late of Porter Township, in said County, deceased, was
produced in open Court, and an application to ad-
mit the same to probate was on the same day made
in said Court. Said application will be for hearing
before the Court on the 21" day of April. A.D. 1887.
at 10 o'clock A.M.
Rufus Carpenter
{Seal} Probate Judge
Dated at Delaware Ohio, this 11" day of April
A.D. 1887.
[corresponds to page 12 of Delaware County Will Records Vol. 8 1887-1890]
12
Roswell Page's Will
Journal Entry
April 11" 1887
In the matter of the Will } In the Probate Court
of Roswell Page, deceased } of Delaware County, O.
This day, an instrument of writing purporting to be
the last Will and Testament of Roswell Page, late
of Porter Township in this County, deceased, was
produced in open Court for Probate. On consideration
Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of
the application to admit the same to probate and record,
be given to Harmon Page, Sarah J. Davy, Mary
A. Robinson. Ann E Goare, Martha E. Riggle
and John Chase heirs and next of kin of the Testa-
tor, resident of the State of Ohio, that said appli-
cation will be for hearing before this Court on the
21st day of April. A.D. 1887 at 10 o'clock A.M.
Rufus Carpenter
Probate Judge
Notice to Heirs
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will
and Testament of Roswell Page, deceased.
To Harmon
Page Sarah J. Davy, Mary A. Robinson, Annie
E. Goare, Martha E Riggle and John Chase.
You are hereby notified that on the 11" day of
April A.D. 1887, an instrument of writing, purport-
ing to be the last Will and Testament of Roswell Page
late of Porter Township, in said County, deceased, was
produced in open Court, and an application to ad-
mit the same to probate was on the same day made
in said Court. Said application will be for hearing
before the Court on the 21" day of April. A.D. 1887.
at 10 o'clock A.M.
Rufus Carpenter
{Seal} Probate Judge
Dated at Delaware Ohio, this 11" day of April
A.D. 1887.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 79)
Description
[page 79]
[corresponds to page 13 of Delaware County Will Records
Vol. 8 1887-1890]
13
Roswell Page's Will.
Return
The State of Ohio } ss
Delaware County }
Perry F. Page being duly sworn
says that he served the within notice by delivering
a true copy thereof to the within named Harmon
Page, April 12" Mary A. Robinson April 13" Annie
E. Guare, April 18" 1887, and that John Chase in-
dorsed his acknowledgment of service herein April 20.
1887.
P.F. Page
Subscribed in my presence and sworn to before me
this 21st day of April. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
I the undersigned person within named hereby ac-
knowledge service of the above notice.
John Case.
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County
Personally appeared in open Court
W.R. Galpin and L.D. Chambers, the subscribing
witnesses to the last Will and Testament of Ros-
well Page late of Porter Township in said Delaware
County, deceased, who being duly sworn according
to law, to speak the truth, the whole truth and noth-
ing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them
bearing date the 9' day of March A.D. 1887, pur-
porting to be the last Will and Testament of Roswell
Page now deceased, is the Will of said deceased
Roswell Page, that they were present at the ex-
ecution of said Will, and at the request of the Tes-
tator, respectively subscribed their names to the same
as witnesses, in his presence; that they saw the
said Roswell Page deceased sign and seal said Will
and heard him acknowledge the same to be his last
Will and Testament, and that the said Roswell Page
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not un-
der any restraint.
W.R. Galpin
S.D. Chambers
[corresponds to page 13 of Delaware County Will Records
Vol. 8 1887-1890]
13
Roswell Page's Will.
Return
The State of Ohio } ss
Delaware County }
Perry F. Page being duly sworn
says that he served the within notice by delivering
a true copy thereof to the within named Harmon
Page, April 12" Mary A. Robinson April 13" Annie
E. Guare, April 18" 1887, and that John Chase in-
dorsed his acknowledgment of service herein April 20.
1887.
P.F. Page
Subscribed in my presence and sworn to before me
this 21st day of April. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
I the undersigned person within named hereby ac-
knowledge service of the above notice.
John Case.
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County
Personally appeared in open Court
W.R. Galpin and L.D. Chambers, the subscribing
witnesses to the last Will and Testament of Ros-
well Page late of Porter Township in said Delaware
County, deceased, who being duly sworn according
to law, to speak the truth, the whole truth and noth-
ing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them
bearing date the 9' day of March A.D. 1887, pur-
porting to be the last Will and Testament of Roswell
Page now deceased, is the Will of said deceased
Roswell Page, that they were present at the ex-
ecution of said Will, and at the request of the Tes-
tator, respectively subscribed their names to the same
as witnesses, in his presence; that they saw the
said Roswell Page deceased sign and seal said Will
and heard him acknowledge the same to be his last
Will and Testament, and that the said Roswell Page
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not un-
der any restraint.
W.R. Galpin
S.D. Chambers
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 80)
Description
[page 80]
[corresponds to page 14 of Delaware County Will Records Vol. 8 1887-1890]
14
Roswell Page's Will.
Sworn to and subscribed by said witnesses, in open
Court, this 21st day of April, A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
April 21" 1887.
In the Matter of the Will }
of Roswell Page, Deceased }
Be it remembered, that here-
tofore, to-wit: on the 11" day of April. A.D. 1887. an
instrument of writing, purporting to be the last Will
and Testament of Roswell Page late of Porter Township
in this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being
shown to the satisfaction of the Court, that due no-
tice of the filing of said Will, and of the application
to admit the same to probate and record in this Court
has been given to Harmon Page, Sarah J. Davy
Mary A. Robinson, Ann E. Goare, Martha E.
Riggle and John Chase heirs and next of kin of the
Testator, resident of the State of Ohio, pursuant to
a former order of this Court, therefore, on this day
came W.R. Galpin and L.D. Chambers the subscrib-
ing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Roswell Page, deceased. That the same was
duly executed and attested; and that the said Testator
at the time of making, signing and sealing said Will,
was of full age, of sound mind, and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of
the witnesses above named, as well as the proceed-
ings had thereon, be entered of record in this Court
Rufus Carpenter
Probate Judge
[corresponds to page 14 of Delaware County Will Records Vol. 8 1887-1890]
14
Roswell Page's Will.
Sworn to and subscribed by said witnesses, in open
Court, this 21st day of April, A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
April 21" 1887.
In the Matter of the Will }
of Roswell Page, Deceased }
Be it remembered, that here-
tofore, to-wit: on the 11" day of April. A.D. 1887. an
instrument of writing, purporting to be the last Will
and Testament of Roswell Page late of Porter Township
in this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being
shown to the satisfaction of the Court, that due no-
tice of the filing of said Will, and of the application
to admit the same to probate and record in this Court
has been given to Harmon Page, Sarah J. Davy
Mary A. Robinson, Ann E. Goare, Martha E.
Riggle and John Chase heirs and next of kin of the
Testator, resident of the State of Ohio, pursuant to
a former order of this Court, therefore, on this day
came W.R. Galpin and L.D. Chambers the subscrib-
ing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Roswell Page, deceased. That the same was
duly executed and attested; and that the said Testator
at the time of making, signing and sealing said Will,
was of full age, of sound mind, and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of
the witnesses above named, as well as the proceed-
ings had thereon, be entered of record in this Court
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 81)
Description
[page 81]
[corresponds to page 81 of Delaware County Will Records Vol. 8 1887-1890]
Roswell Page's Will. 15
Copy of Will.
In the name of the Benevolent Father of All: I Ros-
well Page of Porter Township, Delaware County,
Ohio, do make and publish this my last Will and Tes-
tament:
Item 1st: I do hereby give and bequeath to my son, Harmon Page,
and to my daughters, Sarah Jane Davy and Mary Olivia
Robinson, each one thousand ($1000.00) Dollars.
Item 2nd: I give and bequeath to my grandson, John Chase twen-
ty five ($25.00) Dollars.
Item 3rd: I give and devise to my daughter Anna Eliza Goare and
her heirs the property in which Perry F. Page now lives,
consisting of town lots in the Village of Olive Green,
Delaware County, Ohio and about four acres of land ad-
joining, with the appurtenances thereunto belonging, ex-
cept the barn which is devised herein to Perry F. Page.
Item 4th: I give and devise to my daughter Martha Ellen Rig-
gle and her heirs, sixteen acres of land off of the south
side of my farm in Porter Township, Delaware County,
Ohio, being the same property on which Ellis Riggle and
said Mary Ellen Riggle now live.
Item 5th: I give and devise to my son Perry F. Page and his heirs
the south half of the remainder of said farm in Porter
Township: being that part lying directly north of that
devised to Martha Ellen Riggle and consisting of about
twenty five acres of land. I also give and devise to said Perry
F. Page the barn situated on the premises on which we
now live and authorize and empower him to enter on said
premises after my demise and remove the same.
Item 6th: I give and devise to my son John W. Page and his heirs
the north half of the remainder of said farm in Porter
Township not devised to Martha Ellen Riggle: being the
north side of my said farm and consisting of about twenty -
five acres of land.
It is my desire that Perry F. Page and John W. Page
each take the same number of acres whether it be that num-
ber designated above or not.
Item 7th: I do hereby nominate and appoint Perry F. Page executor of
this my last Will and Testament.
I do hereby revoke all former Wills by me
made.
In testimony hereof I have hereunto set my hand and seal
this ninth day of March in the year 1887.
Roswell Page {seal}
Signed and acknowledged by the said Roswell Page, in our presence,
and signed by us in his presence.
W. R. Galpin
S. D. Chambers
[corresponds to page 81 of Delaware County Will Records Vol. 8 1887-1890]
Roswell Page's Will. 15
Copy of Will.
In the name of the Benevolent Father of All: I Ros-
well Page of Porter Township, Delaware County,
Ohio, do make and publish this my last Will and Tes-
tament:
Item 1st: I do hereby give and bequeath to my son, Harmon Page,
and to my daughters, Sarah Jane Davy and Mary Olivia
Robinson, each one thousand ($1000.00) Dollars.
Item 2nd: I give and bequeath to my grandson, John Chase twen-
ty five ($25.00) Dollars.
Item 3rd: I give and devise to my daughter Anna Eliza Goare and
her heirs the property in which Perry F. Page now lives,
consisting of town lots in the Village of Olive Green,
Delaware County, Ohio and about four acres of land ad-
joining, with the appurtenances thereunto belonging, ex-
cept the barn which is devised herein to Perry F. Page.
Item 4th: I give and devise to my daughter Martha Ellen Rig-
gle and her heirs, sixteen acres of land off of the south
side of my farm in Porter Township, Delaware County,
Ohio, being the same property on which Ellis Riggle and
said Mary Ellen Riggle now live.
Item 5th: I give and devise to my son Perry F. Page and his heirs
the south half of the remainder of said farm in Porter
Township: being that part lying directly north of that
devised to Martha Ellen Riggle and consisting of about
twenty five acres of land. I also give and devise to said Perry
F. Page the barn situated on the premises on which we
now live and authorize and empower him to enter on said
premises after my demise and remove the same.
Item 6th: I give and devise to my son John W. Page and his heirs
the north half of the remainder of said farm in Porter
Township not devised to Martha Ellen Riggle: being the
north side of my said farm and consisting of about twenty -
five acres of land.
It is my desire that Perry F. Page and John W. Page
each take the same number of acres whether it be that num-
ber designated above or not.
Item 7th: I do hereby nominate and appoint Perry F. Page executor of
this my last Will and Testament.
I do hereby revoke all former Wills by me
made.
In testimony hereof I have hereunto set my hand and seal
this ninth day of March in the year 1887.
Roswell Page {seal}
Signed and acknowledged by the said Roswell Page, in our presence,
and signed by us in his presence.
W. R. Galpin
S. D. Chambers
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 82)
Description
[page 82]
[corresponds to page 16 of Delaware County Will Records Vol. 8 1887-1890]
16
Patrick McCarty's Will
Journal Entry.
April 23d 1887.
In the Matter of the Will } In the Probate Court of
Of Patrick McCarty Decd } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Patrick McCarty, late
of Liberty Township in this County, deceased, was
produced in open Court for Probate; On Consid-
eration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and
of the application to admit the same to probate and
record, be given to Johannah Collins, Michael Mc-
Carty, John McCarty, Maggie Swope, Ella
Earhart, Patrick McCarty and Carry McCarty
heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hear-
ing before this Court on the 28" day of April A.
D. 1887 at 2 o'clock P.M.
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and
Testament of Patrick McCarty, deceased.
To Johannah
Collins Michael McCarty, John McCarty, Mag-
gie Swope, Ella Earhart, Patrick McCarty and Barry
McCarty:
You are hereby notified that on the 23d day
of April A.D. 1887, an instrument of writing, purport-
ing to be the last Will and Testament of Patrick Mc-
Carty, late of Liberty Township in said County, deceased,
was produced in open Court, and an application to ad
mit the same to probate was on the same day made
in said Court. Said application will be for hearing
before this Court on the 28" day of April A.D. 1887,
at 2 o'clock P.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 23d day of April A.
D. 1887.
[corresponds to page 16 of Delaware County Will Records Vol. 8 1887-1890]
16
Patrick McCarty's Will
Journal Entry.
April 23d 1887.
In the Matter of the Will } In the Probate Court of
Of Patrick McCarty Decd } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Patrick McCarty, late
of Liberty Township in this County, deceased, was
produced in open Court for Probate; On Consid-
eration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and
of the application to admit the same to probate and
record, be given to Johannah Collins, Michael Mc-
Carty, John McCarty, Maggie Swope, Ella
Earhart, Patrick McCarty and Carry McCarty
heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hear-
ing before this Court on the 28" day of April A.
D. 1887 at 2 o'clock P.M.
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and
Testament of Patrick McCarty, deceased.
To Johannah
Collins Michael McCarty, John McCarty, Mag-
gie Swope, Ella Earhart, Patrick McCarty and Barry
McCarty:
You are hereby notified that on the 23d day
of April A.D. 1887, an instrument of writing, purport-
ing to be the last Will and Testament of Patrick Mc-
Carty, late of Liberty Township in said County, deceased,
was produced in open Court, and an application to ad
mit the same to probate was on the same day made
in said Court. Said application will be for hearing
before this Court on the 28" day of April A.D. 1887,
at 2 o'clock P.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 23d day of April A.
D. 1887.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 83)
Description
[page 83]
[corresponds to page 17 of Delaware County Will Records Vol. 8 1887-1890]
17
Patrick McCarty's Will.
Return.
The State of Ohio } ss
Delaware County }
Johannah McCarty being duly
sworn, says that on the 23d day of April A.D. 1887,
she served the within notice by delivering a true
copy thereof to the within named Johannah Collins,
Michael McCarty, John McCarty, Maggie Swope,
Ella Earhart, Patrick McCarty and Carry Mc
Carty
her
Johannah x McCarty
mark
Subscribed in my presence and sworn to before me this
28" day of Apr. 1887.
Rufus Carpenter
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open
Court George P. Webster and George W. Reichelderfer
the subscribing witnesses to the last Will and Testa-
ment of Patrick McCarty, late of Liberty Township
in said Delaware County, deceased, who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the ex-
ecution of said Will, depose and say: That the paper
before them bearing date the 14th day of April A. D.
1887, purporting to be the last Will and Testament of
Patrick McCarty, now deceased, is the Will of said
deceased, Patrick McCarty, that they were present
at the execution of said Will, and at the request of
the Testator, respectively subscribed their names to the
same as witnesses, in his presence, that they saw
the said Patrick McCarty deceased sign and seal
said Will, and heard him acknowledge the same to
be his last Will and Testament, and that the said
Patrick McCarty at the time of making, signing
and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
George P. Webster
Geo. W. Reichelderfer
[corresponds to page 17 of Delaware County Will Records Vol. 8 1887-1890]
17
Patrick McCarty's Will.
Return.
The State of Ohio } ss
Delaware County }
Johannah McCarty being duly
sworn, says that on the 23d day of April A.D. 1887,
she served the within notice by delivering a true
copy thereof to the within named Johannah Collins,
Michael McCarty, John McCarty, Maggie Swope,
Ella Earhart, Patrick McCarty and Carry Mc
Carty
her
Johannah x McCarty
mark
Subscribed in my presence and sworn to before me this
28" day of Apr. 1887.
Rufus Carpenter
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open
Court George P. Webster and George W. Reichelderfer
the subscribing witnesses to the last Will and Testa-
ment of Patrick McCarty, late of Liberty Township
in said Delaware County, deceased, who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the ex-
ecution of said Will, depose and say: That the paper
before them bearing date the 14th day of April A. D.
1887, purporting to be the last Will and Testament of
Patrick McCarty, now deceased, is the Will of said
deceased, Patrick McCarty, that they were present
at the execution of said Will, and at the request of
the Testator, respectively subscribed their names to the
same as witnesses, in his presence, that they saw
the said Patrick McCarty deceased sign and seal
said Will, and heard him acknowledge the same to
be his last Will and Testament, and that the said
Patrick McCarty at the time of making, signing
and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
George P. Webster
Geo. W. Reichelderfer
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 84)
Description
[page 84]
[corresponds to page 18 of Delaware County Will Records Vol. 8 1887-1890]
18
Patrick McCarty's Will.
Sworn to and subscribed by said witnesses, in open
Court, this 28" day of April A.D. 1887.
Rufus Carpenter
{Seal}
Probate Judge
Journal Entry.
April 28" 1887.
In the Matter of the Will of }
Patrick McCarty, Deceased }
Be it remembered
that heretofore, to-wit: on the 23d day of April A.
D. 1887, an instrument of writing purporting to be
the last Will and Testament of Patrick McCarty
late of Liberty Township, in this County, deceased
was produced in open Court for probate, and was
then filed. And, it now being shown to the satis-
faction of the Court, that due notice of the filing of
said Will, and of the application to admit the same
to probate and record in this Court, has been given to
Johannah Collins, Michael McCarty, John Mc
Carty, Maggie Swope, Ella Earhart, Patrick
McCarty and Carry McCarty heirs and next of
kin of the Testator, resident of the State of Ohio, pur-
suant to a former order of this Court; therefore on
this day came George P. Webster and George W. Reich-
elderfer, the subscribing witnesses to said Will, who
being duly sworn testified to the due execution and
attestation of said Will. Which testimony was re-
duced to writing by them respectively subscribed, and filed
with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will
and Testament of said Patrick McCarty, deceased.
That the same was duly executed and attested, and
that the said Testator, at the time of making, sign-
ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is
therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this
Court.
Rufus Carpenter
Probate Judge
[corresponds to page 18 of Delaware County Will Records Vol. 8 1887-1890]
18
Patrick McCarty's Will.
Sworn to and subscribed by said witnesses, in open
Court, this 28" day of April A.D. 1887.
Rufus Carpenter
{Seal}
Probate Judge
Journal Entry.
April 28" 1887.
In the Matter of the Will of }
Patrick McCarty, Deceased }
Be it remembered
that heretofore, to-wit: on the 23d day of April A.
D. 1887, an instrument of writing purporting to be
the last Will and Testament of Patrick McCarty
late of Liberty Township, in this County, deceased
was produced in open Court for probate, and was
then filed. And, it now being shown to the satis-
faction of the Court, that due notice of the filing of
said Will, and of the application to admit the same
to probate and record in this Court, has been given to
Johannah Collins, Michael McCarty, John Mc
Carty, Maggie Swope, Ella Earhart, Patrick
McCarty and Carry McCarty heirs and next of
kin of the Testator, resident of the State of Ohio, pur-
suant to a former order of this Court; therefore on
this day came George P. Webster and George W. Reich-
elderfer, the subscribing witnesses to said Will, who
being duly sworn testified to the due execution and
attestation of said Will. Which testimony was re-
duced to writing by them respectively subscribed, and filed
with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will
and Testament of said Patrick McCarty, deceased.
That the same was duly executed and attested, and
that the said Testator, at the time of making, sign-
ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is
therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this
Court.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 85)
Description
[page 85]
[corresponds to page 19 of Delaware County Will Records Vol. 8 1887-1890]
19
Patrick McCarty's Will.
Copy of. Will.
In the name of the Benevolent Father of all:
I Patrick
McCarty of Liberty Township, Delaware County,
Ohio, do make and publish this my last Will and
Testament:
First it is my will that my just debts and all
charges be paid out of my Estate.
Item 1st: I give and devise all the residue of my Estate to
Johannah McCarty, my wife, to be to her and her heirs forever.
Item 2nd: I appoint and make the said Johannah McCarty
Executrix of this my last Will and Testament.
In testimony hereof I have hereunto set my hand
and seal, this 14 day of April in the year 1887.
his
Witness. Patrick X McCarty {seal}
George P. Webster mark
Signed and acknowledged by said Patrick McCarty
as his last Will and Testament in our presence, and
signed by us in his presence.
George P. Webster {seal}
Geo. W. Reichelderfer {seal}
[corresponds to page 19 of Delaware County Will Records Vol. 8 1887-1890]
19
Patrick McCarty's Will.
Copy of. Will.
In the name of the Benevolent Father of all:
I Patrick
McCarty of Liberty Township, Delaware County,
Ohio, do make and publish this my last Will and
Testament:
First it is my will that my just debts and all
charges be paid out of my Estate.
Item 1st: I give and devise all the residue of my Estate to
Johannah McCarty, my wife, to be to her and her heirs forever.
Item 2nd: I appoint and make the said Johannah McCarty
Executrix of this my last Will and Testament.
In testimony hereof I have hereunto set my hand
and seal, this 14 day of April in the year 1887.
his
Witness. Patrick X McCarty {seal}
George P. Webster mark
Signed and acknowledged by said Patrick McCarty
as his last Will and Testament in our presence, and
signed by us in his presence.
George P. Webster {seal}
Geo. W. Reichelderfer {seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 86)
Description
[page 86]
[corresponds to page 20 of Delaware County Will Records Vol. 8 1887-1890]
20
Harriet Benson's Will
Journal Entry.
May 7" 1887
In the Matter of the Will of - } In the Probate Court of -
Harriet Benson, Deceased. } Delaware County. Ohio
This day an instrument of writing purporting to be the
last Will and Testament of Harriet Benson, late of
Concord Township in this County, deceased, was
produced in open Court for Probate. On considera -
tion whereof it is ordered that the said Will be
filed in this Court, and that due notice thereof,
and of the application to admit the same to probate
and record be given to Jacob Stiles and Allice Stiles
(Lillie G. McEntire Bailer and Sarah L Stiles hav-
ing waived service of notice and consented to the pro-
bate of said Will) heirs and next of kin of the
Testatrix, resident of the State of Ohio, that said ap-
plication will be for hearing before this Court on this
7 day of May at 2 oclock. P.M.
And afterwards to-wit: it being shown to the satisfac-
tion of the Court, that due notice of the filing of said
Will, and of the application to admit the same to pro-
bate and record in this Court has been to Jacob
Stiles and Allice Stiles heirs and next of kin of the
Testatrix resident of the State of Ohio, pursuant to
a former order order of this Court; therefore, on this
day came W.G. Watson and N. A. Coleman the sub-
scribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them re-
spectively subscribed and filed with said Will,
whereupon the Court finds that the aforesaid instru-
ment of writing is the last Will and Testament of said
Harriet Benson, deceased. That the same was du-
ly executed and attested and that the said Testatrix
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the wit-
nesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge
[corresponds to page 20 of Delaware County Will Records Vol. 8 1887-1890]
20
Harriet Benson's Will
Journal Entry.
May 7" 1887
In the Matter of the Will of - } In the Probate Court of -
Harriet Benson, Deceased. } Delaware County. Ohio
This day an instrument of writing purporting to be the
last Will and Testament of Harriet Benson, late of
Concord Township in this County, deceased, was
produced in open Court for Probate. On considera -
tion whereof it is ordered that the said Will be
filed in this Court, and that due notice thereof,
and of the application to admit the same to probate
and record be given to Jacob Stiles and Allice Stiles
(Lillie G. McEntire Bailer and Sarah L Stiles hav-
ing waived service of notice and consented to the pro-
bate of said Will) heirs and next of kin of the
Testatrix, resident of the State of Ohio, that said ap-
plication will be for hearing before this Court on this
7 day of May at 2 oclock. P.M.
And afterwards to-wit: it being shown to the satisfac-
tion of the Court, that due notice of the filing of said
Will, and of the application to admit the same to pro-
bate and record in this Court has been to Jacob
Stiles and Allice Stiles heirs and next of kin of the
Testatrix resident of the State of Ohio, pursuant to
a former order order of this Court; therefore, on this
day came W.G. Watson and N. A. Coleman the sub-
scribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them re-
spectively subscribed and filed with said Will,
whereupon the Court finds that the aforesaid instru-
ment of writing is the last Will and Testament of said
Harriet Benson, deceased. That the same was du-
ly executed and attested and that the said Testatrix
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the wit-
nesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 87)
Description
[page 87]
[corresponds to page 21 of Delaware County Will Records Vol. 8 1887-1890]
21
Harriet Benson's Will
Waiver
We the undersigned heirs amd legatees of the within named
decedent, hereby waive further notice, and consent to the
probate of said Will.
Lilly G. McEntire Bailer
Sarah L. Stiles.
Dated this 7th day of May A.D. 1887.
Notice to Heirs
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Harriet Benson. deceased.
To Jacob Stiles and
Alice Stiles.
You are hereby notified that on the 7th
day of May A.D. 1887. an instrument of writing, pur-
porting to be the last Will and Testament of Harriet
Benson, late of Concord Township, in said County,
deceased, was produced in open Court, and an applica-
tion to admit the same to probate was on the same
day made in said Court. Said application will be
for hearing before the Court on the 7th day of May A.
D. 1887. at 2 o'clock P.M.,
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 7th day of May. A.D. 1887.
Return
The State of Ohio } ss
Delaware County }
Frank Bailer being duly sworn
says that on the 7" day of May. A.D. 1887. he served
the within notice by delivering a true copy there of to
the within named Jacob Stiles and Alice Stiles.
Frank Bailer
Subscribed in my presence and sworn to before me this
7" day of May. 1887.
Rufus Carpenter
Probate Judge
{Seal}
[corresponds to page 21 of Delaware County Will Records Vol. 8 1887-1890]
21
Harriet Benson's Will
Waiver
We the undersigned heirs amd legatees of the within named
decedent, hereby waive further notice, and consent to the
probate of said Will.
Lilly G. McEntire Bailer
Sarah L. Stiles.
Dated this 7th day of May A.D. 1887.
Notice to Heirs
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Harriet Benson. deceased.
To Jacob Stiles and
Alice Stiles.
You are hereby notified that on the 7th
day of May A.D. 1887. an instrument of writing, pur-
porting to be the last Will and Testament of Harriet
Benson, late of Concord Township, in said County,
deceased, was produced in open Court, and an applica-
tion to admit the same to probate was on the same
day made in said Court. Said application will be
for hearing before the Court on the 7th day of May A.
D. 1887. at 2 o'clock P.M.,
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 7th day of May. A.D. 1887.
Return
The State of Ohio } ss
Delaware County }
Frank Bailer being duly sworn
says that on the 7" day of May. A.D. 1887. he served
the within notice by delivering a true copy there of to
the within named Jacob Stiles and Alice Stiles.
Frank Bailer
Subscribed in my presence and sworn to before me this
7" day of May. 1887.
Rufus Carpenter
Probate Judge
{Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 88)
Description
[page 88]
[corresponds to page 22 of Delaware County Will Records Vol. 8 1887-1890]
22
Harriet Benson's Will
Probate of Will
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open Court
W.G. Watson and N. A. Coleman, the subscribing wit-
nesses to the last Will and Testament of Harriet Benson
late of Concord Township in said Delaware County,
deceased; who being duly sworn according to law to
speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the
24" day of September, A.D. 1884, purporting to be the
last Will and Testament of Harriet Benson now de-
ceased is the Will of said deceased, Harriet Benson,
that they were present at the execution of said Will,
and at the request of the Testatrix, respectively subscribed
their names to the same as witnesses, in her presence;
that they saw the said Harriet Benson deceased
sign and seal said Will, and heard her acknowledge
the same to be her last Will and Testament, and that
the said Harriet Benson at the time of making, sign-
ing and sealing said Will, was of full age, of a sound
mind and memory, and not under any restraint.
W.G. Watson
N.A. Coleman
Sworn to and subscribed by said witnesses in open
Court this 7" day of May A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Copy of Will
Harriet Benson's Will.
In the name of the Benevolent Father of all: I,
Harriet Benson of Delaware County, Ohio, do make
and publish this my last Will and Testament.
Item 1st: It is my will that all my just debts and all
charges be paid out of my Estate.
Item 2nd: I give and devise to my nephew Jacob Stiles, four
Hundred Dollars.
[corresponds to page 22 of Delaware County Will Records Vol. 8 1887-1890]
22
Harriet Benson's Will
Probate of Will
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open Court
W.G. Watson and N. A. Coleman, the subscribing wit-
nesses to the last Will and Testament of Harriet Benson
late of Concord Township in said Delaware County,
deceased; who being duly sworn according to law to
speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the
24" day of September, A.D. 1884, purporting to be the
last Will and Testament of Harriet Benson now de-
ceased is the Will of said deceased, Harriet Benson,
that they were present at the execution of said Will,
and at the request of the Testatrix, respectively subscribed
their names to the same as witnesses, in her presence;
that they saw the said Harriet Benson deceased
sign and seal said Will, and heard her acknowledge
the same to be her last Will and Testament, and that
the said Harriet Benson at the time of making, sign-
ing and sealing said Will, was of full age, of a sound
mind and memory, and not under any restraint.
W.G. Watson
N.A. Coleman
Sworn to and subscribed by said witnesses in open
Court this 7" day of May A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Copy of Will
Harriet Benson's Will.
In the name of the Benevolent Father of all: I,
Harriet Benson of Delaware County, Ohio, do make
and publish this my last Will and Testament.
Item 1st: It is my will that all my just debts and all
charges be paid out of my Estate.
Item 2nd: I give and devise to my nephew Jacob Stiles, four
Hundred Dollars.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 89)
Description
[page 89]
[corresponds to page 23 of Delaware County Will Records Vol. 8 1887-1890]
23
Harriet Benson's Will
Item 3rd: I give and devise to my niece Allice Stiles, my
organ and gold watch and all my jewelry and one
good bed and bedding.
Item 4th: I give and devise to my three nieces Sarah Stiles,
Lillie G. McIntire and Allice Stiles, all my
Real Estate and all my personal property, moneys
and credits of every description, and all my House -
Hold and Kitchen Furniture, and all my clothes to
be equally divided between them.
I do hereby revoke
all former Wills by me made.
In testimony hereof
I have hereunto set my hand and seal this 24th
day of September. A.D. 1884.
Harriet Benson. {Seal}
Signed and acknowledged by said Harriet Benson as
her last Will and Testament in our presence and
signed by us in her presence and at her especial in-
stance and request.
W.G. Watson
N.A. Coleman
[corresponds to page 23 of Delaware County Will Records Vol. 8 1887-1890]
23
Harriet Benson's Will
Item 3rd: I give and devise to my niece Allice Stiles, my
organ and gold watch and all my jewelry and one
good bed and bedding.
Item 4th: I give and devise to my three nieces Sarah Stiles,
Lillie G. McIntire and Allice Stiles, all my
Real Estate and all my personal property, moneys
and credits of every description, and all my House -
Hold and Kitchen Furniture, and all my clothes to
be equally divided between them.
I do hereby revoke
all former Wills by me made.
In testimony hereof
I have hereunto set my hand and seal this 24th
day of September. A.D. 1884.
Harriet Benson. {Seal}
Signed and acknowledged by said Harriet Benson as
her last Will and Testament in our presence and
signed by us in her presence and at her especial in-
stance and request.
W.G. Watson
N.A. Coleman
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 90)
Description
[page 90]
[corresponds to page 24 of Delaware County Will Records Vol. 8 1887-1890]
24
Martin Wilcox Will
Journal Entry.
April 22d 1887
In the Matter of the Will of } In the Probate Court of
Martin Wilcox, Deceased } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Martin Wilcox, late of
Berlin Township, in this County, deceased, was pro-
duced in open Court for Probate; On Consideration
whereof it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of
the application to admit the same to probate and record,
be given to Delilah Wilcox, Charles Wilcox, Ma-
ry Budd, Laura Evarts, Edgar Wilcox, Char-
lotte R. Wilcox, Henry Wilcox, Harry Wilcox
Lucy Wilcox and Laura Wilcox heirs and next of kin
of the Testator, resident of the State of Ohio, that
said application will be for hearing before this Court
on the 29" day of April. A.D. 1887. at 2 o'clock P.M.
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Martin Wilcox, deceased.
To Delilah Wil-
cox, Charles Wilcox, Laura Evarts, Mary Budd,
Edgar Wilcox, Charlotte R. Wilcox. Henry Wil-
cox Harry Wilcox, Lucy Wilcox, Laura Wilcox
You are hereby notified that on the 22d day of
April. A.D. 1887, an instrument of writing, purporting
to be the last Will and Testament of Martin Wilcox
late of Berlin Township, in said County deceased,
was produced in open Court, and an application to ad-
mit the same to probate was on the same day made in
said Court. Said application will be for hearing be-
fore this Court on the 29" day of April. A.D. 1887.
at 2 o'clock P.M.
Rufus Carpenter
{Seal} Probate Judge
Dated at Delaware Ohio, this 22d day of April. A.
D. 1887.
[corresponds to page 24 of Delaware County Will Records Vol. 8 1887-1890]
24
Martin Wilcox Will
Journal Entry.
April 22d 1887
In the Matter of the Will of } In the Probate Court of
Martin Wilcox, Deceased } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Martin Wilcox, late of
Berlin Township, in this County, deceased, was pro-
duced in open Court for Probate; On Consideration
whereof it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of
the application to admit the same to probate and record,
be given to Delilah Wilcox, Charles Wilcox, Ma-
ry Budd, Laura Evarts, Edgar Wilcox, Char-
lotte R. Wilcox, Henry Wilcox, Harry Wilcox
Lucy Wilcox and Laura Wilcox heirs and next of kin
of the Testator, resident of the State of Ohio, that
said application will be for hearing before this Court
on the 29" day of April. A.D. 1887. at 2 o'clock P.M.
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Martin Wilcox, deceased.
To Delilah Wil-
cox, Charles Wilcox, Laura Evarts, Mary Budd,
Edgar Wilcox, Charlotte R. Wilcox. Henry Wil-
cox Harry Wilcox, Lucy Wilcox, Laura Wilcox
You are hereby notified that on the 22d day of
April. A.D. 1887, an instrument of writing, purporting
to be the last Will and Testament of Martin Wilcox
late of Berlin Township, in said County deceased,
was produced in open Court, and an application to ad-
mit the same to probate was on the same day made in
said Court. Said application will be for hearing be-
fore this Court on the 29" day of April. A.D. 1887.
at 2 o'clock P.M.
Rufus Carpenter
{Seal} Probate Judge
Dated at Delaware Ohio, this 22d day of April. A.
D. 1887.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 91)
Description
[page 91]
[corresponds to page 25 of Delaware County Will Records Vol. 8 1887-1890]
25
Martin Wilcox Will.
Journal Entry.
April 29th 1887
In the Matter of the Will of }
Martin Wilcox, Deceased }
The heirs and legatees of Martin
Wilcox, deceased, all not having had legal notice of
said Will, the hearing is continued until the 12" day
of May. A.D. 1887.
Rufus Carpenter
Probate Judge
Return
The State of Ohio } ss
Delaware County }
George Cleveland being duly sworn
says that on the 22d & 27d days of April. A.D. 1887.
he served the written notice by delivering a true copy
thereof to the within named Delilah Wilcox,
Charles Wilcox, Laura Evarts, Mary Budd, Ed-
gar Wilcox, Charlotte K. Wilcox, Harry Wilcox,
Lucy Wilcox, Laura Wilcox and Henry Wilcox.
George Cleveland.
Subscribed in my presence and sworn to before me this
12" day of May. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Probate of Will
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open Court,
Joel Cleveland and Ella B. Cleveland the subscribing
witnesses to the last Will and Testament of Martin
Wilcox late of Berlin Township in said Delaware
County, deceased: who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will
depose and say: That the paper before them bearing date
the 3d day of February. A.D. 1882. purporting to be the
last Will and Testament of Martin Wilcox, now deceased.
is the will of said deceased, Martin Wilcox, that they
were present at the execution of said Will, and at the
request of the Testator, respectively subscribed their names
to the same as witnesses in his presence; that they
saw the said Martin Wilcox deceased, sign and seal
said Will and heard him acknowledge the same to be
his last Will and Testament, and that the said
[corresponds to page 25 of Delaware County Will Records Vol. 8 1887-1890]
25
Martin Wilcox Will.
Journal Entry.
April 29th 1887
In the Matter of the Will of }
Martin Wilcox, Deceased }
The heirs and legatees of Martin
Wilcox, deceased, all not having had legal notice of
said Will, the hearing is continued until the 12" day
of May. A.D. 1887.
Rufus Carpenter
Probate Judge
Return
The State of Ohio } ss
Delaware County }
George Cleveland being duly sworn
says that on the 22d & 27d days of April. A.D. 1887.
he served the written notice by delivering a true copy
thereof to the within named Delilah Wilcox,
Charles Wilcox, Laura Evarts, Mary Budd, Ed-
gar Wilcox, Charlotte K. Wilcox, Harry Wilcox,
Lucy Wilcox, Laura Wilcox and Henry Wilcox.
George Cleveland.
Subscribed in my presence and sworn to before me this
12" day of May. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Probate of Will
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open Court,
Joel Cleveland and Ella B. Cleveland the subscribing
witnesses to the last Will and Testament of Martin
Wilcox late of Berlin Township in said Delaware
County, deceased: who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will
depose and say: That the paper before them bearing date
the 3d day of February. A.D. 1882. purporting to be the
last Will and Testament of Martin Wilcox, now deceased.
is the will of said deceased, Martin Wilcox, that they
were present at the execution of said Will, and at the
request of the Testator, respectively subscribed their names
to the same as witnesses in his presence; that they
saw the said Martin Wilcox deceased, sign and seal
said Will and heard him acknowledge the same to be
his last Will and Testament, and that the said
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 92)
Description
[page 92]
[corresponds to page 26 of Delaware County Will Records Vol. 8 1887-1890]
26
Martin Wilcox's Will.
Martin Wilcox at the time of making, signing and seal-
ing said Will, was of full age, of sound mind and memory
and not under any restraint.
Joel Cleveland
Ella B. Cleveland
Sworn to and subscribed by said witnesses in open Court,
this 12" day of May. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
May 12" 1887.
In the Matter of the Will of }
Martin Wilcox. Deceased. }
Be it remembered, that
heretofore to-wit: on the 22d day of April A.D. 1887
an instrument of writing, purporting to be the last Will
and Testament of Martin Wilcox, late of Berlin Town-
ship, in this County, deceased, was produced in open
Court for probate, and was then filed. And it now be -
ing shown to the satisfaction of the Court, that due
notice of the filing of said Will, and of the application
to admit the same to probate and record in this
Court, has been given to Delilah Wilcox, Charles
Wilcox, Laura Evarts, Mary Budd, Edgar Wilcox
Charlotte K. Wilcox, Henry Wilcox, Harry Wilcox
Lucy Wilcox and Laura Wilcox heirs and next of kin
of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore on this day
came Joel Cleveland and Ella B. Cleveland the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instru-
ment of writing is the last Will and Testament of
said Martin Wilcox, deceased. That the same was du-
ly executed and attested; and that the said Testator, at
the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint. It is therefore, by the Court ordered
that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be
entered of record in this Court.
Rufus Carpenter
Probate Judge
[corresponds to page 26 of Delaware County Will Records Vol. 8 1887-1890]
26
Martin Wilcox's Will.
Martin Wilcox at the time of making, signing and seal-
ing said Will, was of full age, of sound mind and memory
and not under any restraint.
Joel Cleveland
Ella B. Cleveland
Sworn to and subscribed by said witnesses in open Court,
this 12" day of May. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
May 12" 1887.
In the Matter of the Will of }
Martin Wilcox. Deceased. }
Be it remembered, that
heretofore to-wit: on the 22d day of April A.D. 1887
an instrument of writing, purporting to be the last Will
and Testament of Martin Wilcox, late of Berlin Town-
ship, in this County, deceased, was produced in open
Court for probate, and was then filed. And it now be -
ing shown to the satisfaction of the Court, that due
notice of the filing of said Will, and of the application
to admit the same to probate and record in this
Court, has been given to Delilah Wilcox, Charles
Wilcox, Laura Evarts, Mary Budd, Edgar Wilcox
Charlotte K. Wilcox, Henry Wilcox, Harry Wilcox
Lucy Wilcox and Laura Wilcox heirs and next of kin
of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore on this day
came Joel Cleveland and Ella B. Cleveland the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instru-
ment of writing is the last Will and Testament of
said Martin Wilcox, deceased. That the same was du-
ly executed and attested; and that the said Testator, at
the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint. It is therefore, by the Court ordered
that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be
entered of record in this Court.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 93)
Description
[page 93]
[corresponds to page 27 of Delaware County Will Records Vol. 8 1887-1890]
27
Martin Wilcox's Will.
Copy of Will.
In the name of the Benevolent Father of all: I Martin
Wilcox of Berlin Township, Delaware County, Ohio,
do make and publish this my last Will and Testament.
Item 1st: I give and devise to my beloved wife in lieu of her dower
eight acres of land including the buildings of the west
end of the farm on which we live in Berlin
Township, Delaware County, Ohio the whole farm
containing thirty five and two third acres and also the
use of the entire farm during her natural life.
Provided however that if she should intermarry at
any time after my decease then the twenty seven and
two third acres of the east end of my said farm to
be sold by my administrator from the proceeds of said
sale I desire that my youngest daughter Charlotte
K. Wilcox shall have five hundred dollars and that
the remainder to be equally divided between my two
daughters Lauria Evarts & Mary Budd.
Item 2d: As I have already given to my sons what I consider-
ed their share of my property I give to my beloved
wife Delilah Wilcox all my personal property that
may be on hand at the time of my decease, including
household goods she pay all expenses of sickness and
funeral charges out of the personal property.
Item 3d: As I hold receipts against my sons for money furnished
I desire that said receipts be handed over to them at my
decease.
Item 4th: I do hereby nominate and appoint my beloved wife Guardian
of my daughter Charlotte K. Wilcox until the said Char-
lotte K. Wilcox until the said Charlotte K. Wilcox
arrives at the age of twenty one years or intermarries.
Item 5th: I do hereby nominate and appoint George Cleveland Executor
of this my last Will and Testament hereby authorizing him
to see that the provisions of the foregoing Will are carried
out.
I desire that no appraisement no sale of my personal proper-
ty be made and that the Court of Probate direct the omis-
sion of the same in pursuance of the Statute.
In testimony hereof I have hereunto
set my hand and seal this 3d day of February. 1882
Martin Wilcox {Seal}
Signed and acknowledged by said Martin Wilcox as his last Will
and Testament in our presence and signed by us in his presence
Joel Cleveland
Ella B. Cleveland
[corresponds to page 27 of Delaware County Will Records Vol. 8 1887-1890]
27
Martin Wilcox's Will.
Copy of Will.
In the name of the Benevolent Father of all: I Martin
Wilcox of Berlin Township, Delaware County, Ohio,
do make and publish this my last Will and Testament.
Item 1st: I give and devise to my beloved wife in lieu of her dower
eight acres of land including the buildings of the west
end of the farm on which we live in Berlin
Township, Delaware County, Ohio the whole farm
containing thirty five and two third acres and also the
use of the entire farm during her natural life.
Provided however that if she should intermarry at
any time after my decease then the twenty seven and
two third acres of the east end of my said farm to
be sold by my administrator from the proceeds of said
sale I desire that my youngest daughter Charlotte
K. Wilcox shall have five hundred dollars and that
the remainder to be equally divided between my two
daughters Lauria Evarts & Mary Budd.
Item 2d: As I have already given to my sons what I consider-
ed their share of my property I give to my beloved
wife Delilah Wilcox all my personal property that
may be on hand at the time of my decease, including
household goods she pay all expenses of sickness and
funeral charges out of the personal property.
Item 3d: As I hold receipts against my sons for money furnished
I desire that said receipts be handed over to them at my
decease.
Item 4th: I do hereby nominate and appoint my beloved wife Guardian
of my daughter Charlotte K. Wilcox until the said Char-
lotte K. Wilcox until the said Charlotte K. Wilcox
arrives at the age of twenty one years or intermarries.
Item 5th: I do hereby nominate and appoint George Cleveland Executor
of this my last Will and Testament hereby authorizing him
to see that the provisions of the foregoing Will are carried
out.
I desire that no appraisement no sale of my personal proper-
ty be made and that the Court of Probate direct the omis-
sion of the same in pursuance of the Statute.
In testimony hereof I have hereunto
set my hand and seal this 3d day of February. 1882
Martin Wilcox {Seal}
Signed and acknowledged by said Martin Wilcox as his last Will
and Testament in our presence and signed by us in his presence
Joel Cleveland
Ella B. Cleveland
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 94)
Description
[page 94]
[corresponds to page 28 of Delaware County Will Records Vol. 8 1887-1890]
28
John Lloyd's Will.
Application for Probate.
The State of Ohio } ss In Probate Court.
Delaware County }
In the Matter of the Last } Application to
Will and Testament of John } Admit to Probate.
Lloyd. Deceased. }
To the Hon. Rufus Car-
penter, Judge of the Probate Court in and for said
County:
Your petitioner respectfully represents that
John Lloyd, late a resident of the Township of Radnor
in said County, died on or about the 15" day of April,
A.D. 1887. leaving an instrument in writing, hereto at-
tached, purporting to be his last Will and Testament.
That the said John Lloyd died leaving the following
named persons his only next of kin resident of the
State of Ohio.
Mary A. Jones Daughter Radnor O.
Benjamin Lloyd Son " "
David Lloyd. " " "
Your petitioner prays that a time may be fixed for the
proving and said Will, and that said above named
persons may be notified according to law of the pending
of said proceedings.
Benjamin Lloyd
The foregoing application was signed in my presence and
sworn to before me this 14" day of May. A.D. 1887
Rufus Carpenter
Probate Judge
Waiver.
We, the undersigned heirs and legatees of the within named
decedent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 14" day of May. A.D. 1887.
Attest David Lloyd's mark. Mary Ann Jones
Rufus Carpenter Benjamin Lloyd
His
Robert Rowlands. David X Lloyd.
mark
[corresponds to page 28 of Delaware County Will Records Vol. 8 1887-1890]
28
John Lloyd's Will.
Application for Probate.
The State of Ohio } ss In Probate Court.
Delaware County }
In the Matter of the Last } Application to
Will and Testament of John } Admit to Probate.
Lloyd. Deceased. }
To the Hon. Rufus Car-
penter, Judge of the Probate Court in and for said
County:
Your petitioner respectfully represents that
John Lloyd, late a resident of the Township of Radnor
in said County, died on or about the 15" day of April,
A.D. 1887. leaving an instrument in writing, hereto at-
tached, purporting to be his last Will and Testament.
That the said John Lloyd died leaving the following
named persons his only next of kin resident of the
State of Ohio.
Mary A. Jones Daughter Radnor O.
Benjamin Lloyd Son " "
David Lloyd. " " "
Your petitioner prays that a time may be fixed for the
proving and said Will, and that said above named
persons may be notified according to law of the pending
of said proceedings.
Benjamin Lloyd
The foregoing application was signed in my presence and
sworn to before me this 14" day of May. A.D. 1887
Rufus Carpenter
Probate Judge
Waiver.
We, the undersigned heirs and legatees of the within named
decedent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 14" day of May. A.D. 1887.
Attest David Lloyd's mark. Mary Ann Jones
Rufus Carpenter Benjamin Lloyd
His
Robert Rowlands. David X Lloyd.
mark
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 95)
Description
[page 95]
[corresponds to page 29 of Delaware County Will Records Vol. 8 1887-1890]
29
John Lloyd's Will.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
Robert Rowland, & Evan T Jones, the subscribing
witnesses to the last Will and Testament of John Lloyd
late of Radnor Township in said Delaware County,
deceased; who being duly sworn according to law, to
speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the
5' day of April. A.D. 1887. purporting to be the last
Will and Testament of John Lloyd, now deceased, is
the Will of said deceased, John Lloyd, that they
were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that
they saw the said John Lloyd deceased, sign and seal
said Will and heard him acknowledge the same to be
his last Will and Testament, and that the said John
Lloyd at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not
under any restraint.
Robert Rowlands
Evan T. Jones
Sworn to and subscribed by said witnesses, in open Court,
this 14' day of May. A. D. 1887.
Rufus Carpenter
Probate Judge.
Journal Entry.
May 14' 1887.
In the Matter of the Will } In Probate Court.
of John Lloyd. Deceased }
This day, an instrument of
writing, purporting to be the last Will and Testament of
John Lloyd, late of Radnor Township in this County,
deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will
be filed in this Court and afterwards, to-wit: came Ma-
ry Ann Jones, Benjamin Lloyd and David Lloyd
the heirs and legatees of said decedent, and entered their
appearance herein and consented to the probate of said
Will. thereupon came Robert Rowlands and Evan T.
Jones, the subscribing witnesses to said Will, who
[corresponds to page 29 of Delaware County Will Records Vol. 8 1887-1890]
29
John Lloyd's Will.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
Robert Rowland, & Evan T Jones, the subscribing
witnesses to the last Will and Testament of John Lloyd
late of Radnor Township in said Delaware County,
deceased; who being duly sworn according to law, to
speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the
5' day of April. A.D. 1887. purporting to be the last
Will and Testament of John Lloyd, now deceased, is
the Will of said deceased, John Lloyd, that they
were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that
they saw the said John Lloyd deceased, sign and seal
said Will and heard him acknowledge the same to be
his last Will and Testament, and that the said John
Lloyd at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not
under any restraint.
Robert Rowlands
Evan T. Jones
Sworn to and subscribed by said witnesses, in open Court,
this 14' day of May. A. D. 1887.
Rufus Carpenter
Probate Judge.
Journal Entry.
May 14' 1887.
In the Matter of the Will } In Probate Court.
of John Lloyd. Deceased }
This day, an instrument of
writing, purporting to be the last Will and Testament of
John Lloyd, late of Radnor Township in this County,
deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will
be filed in this Court and afterwards, to-wit: came Ma-
ry Ann Jones, Benjamin Lloyd and David Lloyd
the heirs and legatees of said decedent, and entered their
appearance herein and consented to the probate of said
Will. thereupon came Robert Rowlands and Evan T.
Jones, the subscribing witnesses to said Will, who
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 96)
Description
[page 96]
[corresponds to page 30 of Delaware County Will Records Vol. 8 1887-1890]
30
John Lloyd's Will.
being duly sworn, testified to the due execution and at-
testation of said Will. Which testimony was reduced
to writing, by them respectively subscribed, and filed with
said Will, whereupon the Court finds that the afore-
said instrument of writing is the last Will and Testament
of said John Lloyd's, deceased. That the same was duly ex-
ecuted and attested: and that the said Testator at the time of
making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under any
restraint. It is therefore, by the Court ordered
that the said Will be admitted to probate, and that
the same along together with the testimony of the witnesses
above named, as well as the proceedings had thereon,
be entered of record in this Court.
Rufus Carpenter
Probate Judge
Copy of Will.
In the name of the Benevolent Father of All,
amen:
I John Lloyd of Radnor Township Delaware
County Ohio, being of sound mind and memory, do make
and publish the following as my last Will and Testament.
Item 1st: I direct that my just debts, including expenses of my
last sickness and funeral expenses be paid out of my
personal estate, and also expenses of Administration.
Item 2nd: I give devise and bequeath to my son Benjamin
Lloyd the Fifty Acres, of my farm, situated in Rad-
nor Township, Delaware County, Ohio, lying south
of the so called Lloyd road leading east from the Thom-
as Gravel road during the natural lifetime of my said
son Benjamin and in case the wife of my said son
Benjamin shall survive him, then the said Fifty
acres of land to go to her, while she may remain his
widow, and at her death or remarriage, the said Fifty
acres of land to go to the children of my said son
Benjamin, in equal shares. I also give and bequeath to
my said son Benjamin One Bureau, which I now
own, and also one Feather Bed.
Item 3rd: I give devise and bequeath to my son David Lloyd, my
home farm of One Hundred two and a half Acres,
situated in Radnor Township, Delaware County, Ohio,
during his natural life, and at his decease, the said farm
to go to his (my said son David's) children, (or child) in
[corresponds to page 30 of Delaware County Will Records Vol. 8 1887-1890]
30
John Lloyd's Will.
being duly sworn, testified to the due execution and at-
testation of said Will. Which testimony was reduced
to writing, by them respectively subscribed, and filed with
said Will, whereupon the Court finds that the afore-
said instrument of writing is the last Will and Testament
of said John Lloyd's, deceased. That the same was duly ex-
ecuted and attested: and that the said Testator at the time of
making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under any
restraint. It is therefore, by the Court ordered
that the said Will be admitted to probate, and that
the same along together with the testimony of the witnesses
above named, as well as the proceedings had thereon,
be entered of record in this Court.
Rufus Carpenter
Probate Judge
Copy of Will.
In the name of the Benevolent Father of All,
amen:
I John Lloyd of Radnor Township Delaware
County Ohio, being of sound mind and memory, do make
and publish the following as my last Will and Testament.
Item 1st: I direct that my just debts, including expenses of my
last sickness and funeral expenses be paid out of my
personal estate, and also expenses of Administration.
Item 2nd: I give devise and bequeath to my son Benjamin
Lloyd the Fifty Acres, of my farm, situated in Rad-
nor Township, Delaware County, Ohio, lying south
of the so called Lloyd road leading east from the Thom-
as Gravel road during the natural lifetime of my said
son Benjamin and in case the wife of my said son
Benjamin shall survive him, then the said Fifty
acres of land to go to her, while she may remain his
widow, and at her death or remarriage, the said Fifty
acres of land to go to the children of my said son
Benjamin, in equal shares. I also give and bequeath to
my said son Benjamin One Bureau, which I now
own, and also one Feather Bed.
Item 3rd: I give devise and bequeath to my son David Lloyd, my
home farm of One Hundred two and a half Acres,
situated in Radnor Township, Delaware County, Ohio,
during his natural life, and at his decease, the said farm
to go to his (my said son David's) children, (or child) in
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 97)
Description
[page 97]
[corresponds to page 31 of Delaware County Will Records Vol. 8 1887-1890]
31
John Lloyd's Will
equal shares if he leave child or children living at
his decease; and in case he shall have no child or
children living at the time of his decease, then the
said farm to go direct to his heirs of my blood.
Item 4th: I give and bequeath to my daughter Mary Ann
Jones, all the remainder of my Household goods, furni-
ture & bedding, excepting the Bureau & Feather
bed bequeathed to my son Benjamin in the second
item of this Will: And I also give and bequeath
to my said daughter Mary Ann Jones, the sum of
Twenty five Hundred Dollars, to be paid her out of
my personal estate.
Item 5th: I hereby will and direct, that the remainder of my
personal estate, after paying my just debts etc. as
specified in the 1st item of this will, and the special
bequests and legacies to my said son Benjamin and my
daughter Mary Ann as directed in the second and
fourth item of this will, go to and be divided between my
said son Benjamin Lloyd and my said daughter Mary
Ann Jones, share and share alike.
I hereby revoke all for-
mer wills by me made and declare the foregoing to
be my last Will and Testament.
Witness my signature and
seal this 5th day of April, in the year of our Lord, one
thousand eight hundred and eighty seven.
John x Lloyd { Seal }
Signed by the said John Lloyd in our presence and by
him declared to be his last Will and Testament in
our hearing, and signed by us as witnesses, at his
request and in his presence, and in the presence of
each other on said 5th day of April A.D. 1887.
Robert Rowlands
Evan T. Jones
[corresponds to page 31 of Delaware County Will Records Vol. 8 1887-1890]
31
John Lloyd's Will
equal shares if he leave child or children living at
his decease; and in case he shall have no child or
children living at the time of his decease, then the
said farm to go direct to his heirs of my blood.
Item 4th: I give and bequeath to my daughter Mary Ann
Jones, all the remainder of my Household goods, furni-
ture & bedding, excepting the Bureau & Feather
bed bequeathed to my son Benjamin in the second
item of this Will: And I also give and bequeath
to my said daughter Mary Ann Jones, the sum of
Twenty five Hundred Dollars, to be paid her out of
my personal estate.
Item 5th: I hereby will and direct, that the remainder of my
personal estate, after paying my just debts etc. as
specified in the 1st item of this will, and the special
bequests and legacies to my said son Benjamin and my
daughter Mary Ann as directed in the second and
fourth item of this will, go to and be divided between my
said son Benjamin Lloyd and my said daughter Mary
Ann Jones, share and share alike.
I hereby revoke all for-
mer wills by me made and declare the foregoing to
be my last Will and Testament.
Witness my signature and
seal this 5th day of April, in the year of our Lord, one
thousand eight hundred and eighty seven.
John x Lloyd { Seal }
Signed by the said John Lloyd in our presence and by
him declared to be his last Will and Testament in
our hearing, and signed by us as witnesses, at his
request and in his presence, and in the presence of
each other on said 5th day of April A.D. 1887.
Robert Rowlands
Evan T. Jones
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 98)
Description
[page 98]
[corresponds to page 32 of Delaware County Will Records Vol. 8 1887-1890]
32
William Sagers Will.
Journal Entry.
May 12, 1887
In the Matter of the Will of } In Probate Court of
William Sager, Deceased. } Delaware County. Ohio
This day, an instrument of writing, purporting to be
the last Will and Testament of William Sager, late of
Liberty Township, in this County, deceased, was produced
in open Court for Probate; On Consideration Whereof,
it is ordered that the said Will be filed in this Court
and that due notice thereof, and of the application to
admit the same to probate and record, be given to Fran-
cis Hardin, Thornton Hardin, Victor Hardin,
Mary Willey, Daniel T. Brown and John W. Brown
heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hear-
ing before this Court on the 16" day of May. A.D.
1887 at 2 o'clock. P.M.,
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will
and Testament of William Sager, deceased.
To Francis
Wardin, Thornton Wardin, Victor Wardin, Mary
Willey, Daniel T. Brown and John W. Brown.
You are
hereby notified that on the 12" day of May. A.D.
1887. an instrument of writing, purporting to be the
last Will and Testament of William Sager, late of
Liberty Township, in said County, deceased, was pro-
duced in open Court, and an application to admit the
same to probate was on the same day made in said
Court. Said application will be for hearing before this
Court on the 16" day of May. A.D. 1887. at 2 o'clock
P.M.
{ Seal } Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 12" day of May. A.
D. 1887. Waiver
We, the undersigned heirs of the within named decedent, hereby waive further
notice, and consent to the probate of said Will.
Dated this 12" day of May, A.D. 1887. Emily Edie
Warner Harden.
[corresponds to page 32 of Delaware County Will Records Vol. 8 1887-1890]
32
William Sagers Will.
Journal Entry.
May 12, 1887
In the Matter of the Will of } In Probate Court of
William Sager, Deceased. } Delaware County. Ohio
This day, an instrument of writing, purporting to be
the last Will and Testament of William Sager, late of
Liberty Township, in this County, deceased, was produced
in open Court for Probate; On Consideration Whereof,
it is ordered that the said Will be filed in this Court
and that due notice thereof, and of the application to
admit the same to probate and record, be given to Fran-
cis Hardin, Thornton Hardin, Victor Hardin,
Mary Willey, Daniel T. Brown and John W. Brown
heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hear-
ing before this Court on the 16" day of May. A.D.
1887 at 2 o'clock. P.M.,
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will
and Testament of William Sager, deceased.
To Francis
Wardin, Thornton Wardin, Victor Wardin, Mary
Willey, Daniel T. Brown and John W. Brown.
You are
hereby notified that on the 12" day of May. A.D.
1887. an instrument of writing, purporting to be the
last Will and Testament of William Sager, late of
Liberty Township, in said County, deceased, was pro-
duced in open Court, and an application to admit the
same to probate was on the same day made in said
Court. Said application will be for hearing before this
Court on the 16" day of May. A.D. 1887. at 2 o'clock
P.M.
{ Seal } Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 12" day of May. A.
D. 1887. Waiver
We, the undersigned heirs of the within named decedent, hereby waive further
notice, and consent to the probate of said Will.
Dated this 12" day of May, A.D. 1887. Emily Edie
Warner Harden.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 99)
Description
[page 99]
[corresponds to page 33 of Delaware County Will Records Vol. 8 1887-1890]
33
William Sager's Will
Return
The State of Ohio } ss
Delaware County }
Warner Hardin being duly sworn
says that on the 12", 13" & 14" days of May. A.D.
1887, he served the within notice by delivering a true
copy thereof to the within named Francis Hardin,
Thornton Hardin, Victor Hardin, Mary Willey
Daniel T. Brown, and John W. Brown and Daniel
E. Brown, father of Daniel T. and John W. Brown
with whom they reside.
Warner Hardin
Subscribed in my presence and sworn to before me this 16"
day of May. 1887.
Rufus Carpenter
Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
T.P. Harris, one of the subscribing witnesses to the last
Will and Testament of WIlliam Sager, late of Liberty
Township in said Delaware County, deceased; who be-
ing duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to
the execution of said Will, deposes and says: That the
paper before him bearing date the 12" day of April. A.
D. 1879., purporting to be the last Will and Testament
of William Sager now deceased, is the Will of said
deceased William Sager, that he was present at the
execution of said Will, and at the request of the Testator,
subscribed his name to the same as a witness, in his
presence; that he saw the said William Sager now
deceased sign and seal said Will, and heard him acknowl-
edge the same to be his last Will and Testament, and
that the said William Sager at the time of making,
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
T.P. Harris.
Sworn to and subscribed by said witnesses, in open Court,
this 16" day of May. A.D. 1887.
{Seal} Rufus Carpenter
Probate Judge.
[corresponds to page 33 of Delaware County Will Records Vol. 8 1887-1890]
33
William Sager's Will
Return
The State of Ohio } ss
Delaware County }
Warner Hardin being duly sworn
says that on the 12", 13" & 14" days of May. A.D.
1887, he served the within notice by delivering a true
copy thereof to the within named Francis Hardin,
Thornton Hardin, Victor Hardin, Mary Willey
Daniel T. Brown, and John W. Brown and Daniel
E. Brown, father of Daniel T. and John W. Brown
with whom they reside.
Warner Hardin
Subscribed in my presence and sworn to before me this 16"
day of May. 1887.
Rufus Carpenter
Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
T.P. Harris, one of the subscribing witnesses to the last
Will and Testament of WIlliam Sager, late of Liberty
Township in said Delaware County, deceased; who be-
ing duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to
the execution of said Will, deposes and says: That the
paper before him bearing date the 12" day of April. A.
D. 1879., purporting to be the last Will and Testament
of William Sager now deceased, is the Will of said
deceased William Sager, that he was present at the
execution of said Will, and at the request of the Testator,
subscribed his name to the same as a witness, in his
presence; that he saw the said William Sager now
deceased sign and seal said Will, and heard him acknowl-
edge the same to be his last Will and Testament, and
that the said William Sager at the time of making,
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
T.P. Harris.
Sworn to and subscribed by said witnesses, in open Court,
this 16" day of May. A.D. 1887.
{Seal} Rufus Carpenter
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 100)
Description
[page 100]
[corresponds to page 34 of Delaware County Will Records Vol. 8 1887-1890]
34
William Sager's Will.
Journal Entry.
May 16" 1887.
In the Matter of the Will of }
William Sager, Deceased. }
Be it remembered, that here-
tofore, to-wit: on the 12" day of May. A.D. 1887, an instru-
ment of writing, purporting to be the last Will and Tes
tament of William Sager, late of Liberty Township, in
this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being
shown to the satisfaction of the Court that due not-
ice of the filing of said Will, and of the application
to admit the same to probate, and record in this Court,
has been given to Francis Hardin, Thornton Hardin
Victor Hardin, Mary Willey, Daniel T. Brown,
and John W. Brown and Daniel E. Brown (father
of Daniel T. & John W. Brown with whom they reside),
heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court;
therefore, on this day came T.P. Harris, one of
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attesta-
tion of said Will. Which testimony was reduced
to writing, by him subscribed, and filed with said Will.
And it appearing that Ben J. Bright, the other sub-
scribing witness to said Will, is a resident of Seneca
County, Ohio, it is thereupon ordered that a commission with
the Will annexed, issue herein to Harrison Noble
Probate Judge of Seneca County, directing him to
take the testimony of said subscribing witness, and return
the same, according to law, with all convenient speed, to
this Court.
Rufus Carpenter
Probate Judge
Commission.
The State of Ohio } ss
Delaware County }
To Harrison Noble, Greeting.
Know Ye, That
we in confidence of your prudence and fidelity, have appoint-
ed you, and by these presents do give you full power and
authority to examine and take the deposition of Ben. J.
Bright, one of the subscribing witnesses to the last
Will and Testament of William Sager, hereto annexed
[corresponds to page 34 of Delaware County Will Records Vol. 8 1887-1890]
34
William Sager's Will.
Journal Entry.
May 16" 1887.
In the Matter of the Will of }
William Sager, Deceased. }
Be it remembered, that here-
tofore, to-wit: on the 12" day of May. A.D. 1887, an instru-
ment of writing, purporting to be the last Will and Tes
tament of William Sager, late of Liberty Township, in
this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being
shown to the satisfaction of the Court that due not-
ice of the filing of said Will, and of the application
to admit the same to probate, and record in this Court,
has been given to Francis Hardin, Thornton Hardin
Victor Hardin, Mary Willey, Daniel T. Brown,
and John W. Brown and Daniel E. Brown (father
of Daniel T. & John W. Brown with whom they reside),
heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court;
therefore, on this day came T.P. Harris, one of
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attesta-
tion of said Will. Which testimony was reduced
to writing, by him subscribed, and filed with said Will.
And it appearing that Ben J. Bright, the other sub-
scribing witness to said Will, is a resident of Seneca
County, Ohio, it is thereupon ordered that a commission with
the Will annexed, issue herein to Harrison Noble
Probate Judge of Seneca County, directing him to
take the testimony of said subscribing witness, and return
the same, according to law, with all convenient speed, to
this Court.
Rufus Carpenter
Probate Judge
Commission.
The State of Ohio } ss
Delaware County }
To Harrison Noble, Greeting.
Know Ye, That
we in confidence of your prudence and fidelity, have appoint-
ed you, and by these presents do give you full power and
authority to examine and take the deposition of Ben. J.
Bright, one of the subscribing witnesses to the last
Will and Testament of William Sager, hereto annexed
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 101)
Description
[page 101]
[corresponds to page 35 of Delaware County Will Records Vol. 8 1887-1890]
35
William Sager's Will.
late of the County of Delaware, in the State of Ohio
deceased and therefore we command you, that at cer-
tain days and places appointed by you, you cause the
said Ben J. Bright 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 William Sager, and that you reduce
such examination to writing, and return the same,
together with this Commission and the Will of the
said William Sager thereto annexed, closed up under
your seal, into our said Probate Court, with all con-
venient speed.
In Testimony Whereof I Rufus Car-
penter, Judge of the said Court, have hereunto set my
hand and affixed the seal of said Court, at Delaware,
O., this 16" day of May. A.D. 1887.
{Seal} Rufus Carpenter
Probate Judge
Copy of Will.
In the name of the beloved father of All. I, William
Sager of Liberty T.P. Delaware County, Ohio, do
make and publish this my last Will and Testament.
Item first I give and devise to my beloved daughter Elizabeth
Brown and heirs and heirs twelve and half acres of my
farm as follows the 4" township and nineteenth range
in the third quarter and lots No. 18 and 19, the aforesaid
Elizabeth Brown is to have her 12 twelve acres and
a half acre out of lot No 18. on the west side of said
lot
I give and devise to my beloved son Thomas B.
Sager and heirs his natural life 12 1/2 twelve and a half
acres first east of Elizabeth Brown twelve acres in Lot No 18.
I give and devise to my beloved son Jacob N.
Sager and heirs his natural life 12 1/2 twelve acres
and a half East of Thomas B Sager in lot No 18.
And last of
all I give and devise to my beloved daughter Emily
Edie and her heirs 50 acres more or less on
which I now reside during her natural life in Lot No.
19 of the aforesaid farm.
In testimony hereof I have
hereunto set my hand and seal this 12" day of April A.
D. 1879. his
Seal William X Sager
mark
[corresponds to page 35 of Delaware County Will Records Vol. 8 1887-1890]
35
William Sager's Will.
late of the County of Delaware, in the State of Ohio
deceased and therefore we command you, that at cer-
tain days and places appointed by you, you cause the
said Ben J. Bright 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 William Sager, and that you reduce
such examination to writing, and return the same,
together with this Commission and the Will of the
said William Sager thereto annexed, closed up under
your seal, into our said Probate Court, with all con-
venient speed.
In Testimony Whereof I Rufus Car-
penter, Judge of the said Court, have hereunto set my
hand and affixed the seal of said Court, at Delaware,
O., this 16" day of May. A.D. 1887.
{Seal} Rufus Carpenter
Probate Judge
Copy of Will.
In the name of the beloved father of All. I, William
Sager of Liberty T.P. Delaware County, Ohio, do
make and publish this my last Will and Testament.
Item first I give and devise to my beloved daughter Elizabeth
Brown and heirs and heirs twelve and half acres of my
farm as follows the 4" township and nineteenth range
in the third quarter and lots No. 18 and 19, the aforesaid
Elizabeth Brown is to have her 12 twelve acres and
a half acre out of lot No 18. on the west side of said
lot
I give and devise to my beloved son Thomas B.
Sager and heirs his natural life 12 1/2 twelve and a half
acres first east of Elizabeth Brown twelve acres in Lot No 18.
I give and devise to my beloved son Jacob N.
Sager and heirs his natural life 12 1/2 twelve acres
and a half East of Thomas B Sager in lot No 18.
And last of
all I give and devise to my beloved daughter Emily
Edie and her heirs 50 acres more or less on
which I now reside during her natural life in Lot No.
19 of the aforesaid farm.
In testimony hereof I have
hereunto set my hand and seal this 12" day of April A.
D. 1879. his
Seal William X Sager
mark
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 102)
Description
[page 102]
[corresponds to page 36 of Delaware County Will Records Vol. 8 1887-1890]
36
William Sager's Will
Signed and acknowledged by said William Sager as his
last Will and Testament in our presence and signed by us
in his presence.
seal. T.P Harris
seal. Ben J Bright
Deposition of Witness to Will.
The State of Ohio } ss In the Matter of the last Will and
Seneca County } Testament of William Sager
Personally appeared before me Harrison Noble Com-
missioner, Ben J. Bright, one of the subscribing wit-
nesses to the last Will and Testament of William
Sager late of Liberty Township in said Delaware
County, deceased, who, being by me first duly sworn ac-
cording to law, to speak the truth, the whole truth and
nothing but the truth, in relation to the execution of
said Will, deposes and says: That he was present at
the execution of the paper before him bearing date the
12" day of April. A.D. 1879, purporting to be the last
Will and Testament of William Sager now de-
ceased, whose name is signed at the end thereof, and
at the request of said deceased. he subscribed his name
to the same as a witness in his presence; that he saw
the said William Sager sign and seal said Will, and
heard him acknowledge the same to be his last Will
and Testament, and that the said William Sager at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not un-
der any restraint.
B. J. Bright.
The State of Ohio } ss
Seneca County }
I, Harrison Noble, 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 Ben J. Bright one of the subscribing wit-
nesses to the last Will and Testament of William Sa-
ger, deceased, late a resident of said County and State,
which Commission, and the said Will are hereto an-
nexed, do hereby certify that in pursuance of said Com-
mission I caused the above named Ben J. Bright
subscribing witness as aforesaid to appear before me, at
Tiffin, Ohio on the 19th day of May. A.D. 1887 that he
[corresponds to page 36 of Delaware County Will Records Vol. 8 1887-1890]
36
William Sager's Will
Signed and acknowledged by said William Sager as his
last Will and Testament in our presence and signed by us
in his presence.
seal. T.P Harris
seal. Ben J Bright
Deposition of Witness to Will.
The State of Ohio } ss In the Matter of the last Will and
Seneca County } Testament of William Sager
Personally appeared before me Harrison Noble Com-
missioner, Ben J. Bright, one of the subscribing wit-
nesses to the last Will and Testament of William
Sager late of Liberty Township in said Delaware
County, deceased, who, being by me first duly sworn ac-
cording to law, to speak the truth, the whole truth and
nothing but the truth, in relation to the execution of
said Will, deposes and says: That he was present at
the execution of the paper before him bearing date the
12" day of April. A.D. 1879, purporting to be the last
Will and Testament of William Sager now de-
ceased, whose name is signed at the end thereof, and
at the request of said deceased. he subscribed his name
to the same as a witness in his presence; that he saw
the said William Sager sign and seal said Will, and
heard him acknowledge the same to be his last Will
and Testament, and that the said William Sager at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not un-
der any restraint.
B. J. Bright.
The State of Ohio } ss
Seneca County }
I, Harrison Noble, 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 Ben J. Bright one of the subscribing wit-
nesses to the last Will and Testament of William Sa-
ger, deceased, late a resident of said County and State,
which Commission, and the said Will are hereto an-
nexed, do hereby certify that in pursuance of said Com-
mission I caused the above named Ben J. Bright
subscribing witness as aforesaid to appear before me, at
Tiffin, Ohio on the 19th day of May. A.D. 1887 that he
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 103)
Description
[page 103]
[corresponds to page 37 of Delaware County Will Records Vol. 8 1887-1890]
37
William Sager's Will
was first duly sworn by me, according to law, to speak
the truth, the whole truth and nothing but the truth;
that I examined him in relation to the execution of
said Will, and reduced his testimony to writing as
above set forth in his presence and that he signed
the same in my presence, and I further certify that
I am not Counsel, Attorney or Relative of any of
the parties named in said Will, or otherwise inter-
estered in the Probate thereof.
In witness whereof I have
hereunto set my hand, this 19th day of May. A.D. 1887.
Harrison Noble
Commissioner
Journal Entry.
May 21" 1887.
The commissioner heretofore issued herein to take the tes-
timony of B. J. Bright, one of the subscribing witness-
es to the Will of said William Sager, deceased,
was this day returned duly executed, and the same was
filed herein.
And it appearing to the Court from the examination
of the former witness and from the deposition of the said
B. J. Bright, that the aforesaid instrument of writing is
the last Will and Testament of said William Sager
deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, sign-
ing and sealing said Will, was of full age. of sound
mind and memory, and not under any restraint. It is
therefore, by the Court ordered, that the said Will be
admitted to probate and that the same, together with the
testimony of the witnesses above named, as well as the pro-
ceedings had thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge
[corresponds to page 37 of Delaware County Will Records Vol. 8 1887-1890]
37
William Sager's Will
was first duly sworn by me, according to law, to speak
the truth, the whole truth and nothing but the truth;
that I examined him in relation to the execution of
said Will, and reduced his testimony to writing as
above set forth in his presence and that he signed
the same in my presence, and I further certify that
I am not Counsel, Attorney or Relative of any of
the parties named in said Will, or otherwise inter-
estered in the Probate thereof.
In witness whereof I have
hereunto set my hand, this 19th day of May. A.D. 1887.
Harrison Noble
Commissioner
Journal Entry.
May 21" 1887.
The commissioner heretofore issued herein to take the tes-
timony of B. J. Bright, one of the subscribing witness-
es to the Will of said William Sager, deceased,
was this day returned duly executed, and the same was
filed herein.
And it appearing to the Court from the examination
of the former witness and from the deposition of the said
B. J. Bright, that the aforesaid instrument of writing is
the last Will and Testament of said William Sager
deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, sign-
ing and sealing said Will, was of full age. of sound
mind and memory, and not under any restraint. It is
therefore, by the Court ordered, that the said Will be
admitted to probate and that the same, together with the
testimony of the witnesses above named, as well as the pro-
ceedings had thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 104)
Description
[page 104]
[corresponds to page 38 of Delaware County Will Records Vol. 8 1887-38]
38
Abner Fuller's Will.
Journal Entry.
June 7" 1887
In the Matter of the Will }
of Abner Fuller, Deceased }
An authenticated copy of the
last Will and Testament of Abner Fuller, late of Franklin
County, Ohio, deceased, and of the order of probate of the same
in said County, were this day presented to this Court
for record. Whereupon the court, finding that certain real
estate devised by said Will is situated in this Coun-
ty, hereby admits said copies to record, as provided by law
in such cases.
Rufus Carpenter
Probate Judge
Abner M. Fuller's Will
In the Matter of the Will } Probate Court
of Abner M. Fuller. Deceased } Franklin County, O.
Tuesday, December 7" A.D. 1886.
This day an instrument of writing, purporting to be the
Last Will and Testament of Abner M. Fuller, late of
Blendon Township, in this County, deceased, was pro-
duced in open Court for Probate. It is now ordered
that the said Will be filed in this Court, and that
due notice thereof and of the application to admit the
same to Probate and Record, be given to the widow and
next of kin of the Testator, resident of the State of Ohio.
three days prior thereto, that said application will be for
hearing before this Court, on the 22nd day of December,
A.D. 1886. at 2 o'clock P.M., said notice to be in writing
and to be served on said parties personally, or by leaving
copies thereof at their usual place of residence.
Charles G. Saffin
Probate Judge.
In the Matter of the Last |
Will and Testament and Codi-| Tuesday December. 7" A.D. 1886.
cil thereto of Abner M. |
Fuller, Deceased. |
The last Will and Testament
and Codicil thereto of Abner M. Fuller, deceased, late
of Franklin County. Ohio. having been presented to
this Court for Probate and Record, and it appearing to
the Court that I.D. Horr, Jas. M. Crawford, H.M.
Carper and Charles Arthur the subscribing witnesses to
[corresponds to page 38 of Delaware County Will Records Vol. 8 1887-38]
38
Abner Fuller's Will.
Journal Entry.
June 7" 1887
In the Matter of the Will }
of Abner Fuller, Deceased }
An authenticated copy of the
last Will and Testament of Abner Fuller, late of Franklin
County, Ohio, deceased, and of the order of probate of the same
in said County, were this day presented to this Court
for record. Whereupon the court, finding that certain real
estate devised by said Will is situated in this Coun-
ty, hereby admits said copies to record, as provided by law
in such cases.
Rufus Carpenter
Probate Judge
Abner M. Fuller's Will
In the Matter of the Will } Probate Court
of Abner M. Fuller. Deceased } Franklin County, O.
Tuesday, December 7" A.D. 1886.
This day an instrument of writing, purporting to be the
Last Will and Testament of Abner M. Fuller, late of
Blendon Township, in this County, deceased, was pro-
duced in open Court for Probate. It is now ordered
that the said Will be filed in this Court, and that
due notice thereof and of the application to admit the
same to Probate and Record, be given to the widow and
next of kin of the Testator, resident of the State of Ohio.
three days prior thereto, that said application will be for
hearing before this Court, on the 22nd day of December,
A.D. 1886. at 2 o'clock P.M., said notice to be in writing
and to be served on said parties personally, or by leaving
copies thereof at their usual place of residence.
Charles G. Saffin
Probate Judge.
In the Matter of the Last |
Will and Testament and Codi-| Tuesday December. 7" A.D. 1886.
cil thereto of Abner M. |
Fuller, Deceased. |
The last Will and Testament
and Codicil thereto of Abner M. Fuller, deceased, late
of Franklin County. Ohio. having been presented to
this Court for Probate and Record, and it appearing to
the Court that I.D. Horr, Jas. M. Crawford, H.M.
Carper and Charles Arthur the subscribing witnesses to
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 105)
Description
[page 105]
[corresponds to page 39 of Delaware County Will Records Vol. 8 1887-38]
39
Abner M. Fuller's Will.
said Will and Codicil thereto attached reside without
the jurisdiction of this Court.
It is therefore ordered that a Commission with the
Will and Codicil thereto annexed issue herein to
Rufus Carpenter a suitable person resident of Del-
aware County, Ohio, directing him to take the dep-
osition of said subscribing witnesses to said Will
and Codicil thereto attached and return the same duly
certified with all convenient speed to this Court, and
the further hearing is ordered and continued un-
til Wednesday the 22d day of December. A.D. 1886. at
2 o'clock. P.M., which is accordingly done.
Charles G. Saffin
Probate Judge
Commission
To Take Testimony of Witness to Will.
The State of Ohio } ss
Franklin County. }
To Rufus Carpenter, Greetings:
Know Ye, That
we, in confidence of your prudence and fidelity, have ap-
pointed you, and by these presents do give you full power
and authority to examine and take the deposition of Charles
Arthur, H.M. Carper, I.D. Horr and Jas M. Crawford
subscribing witnesses to the last Will and Testament and
Codicil of Abner M. Fuller hereto annexed, late of the
County of Franklin in the State of Ohio, deceased; and
therefore we command you, that at certain days and places
appointed by you, you cause the said Charles Arthur,
H.M. Carper, I.D. Horr and Jas. M. Crawford 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 of the said Abner M. Fuller
and that you reduce such examination to writing, and
return the same, together with this Commission and the
Will of the said Abner M. Fuller thereto annexed, closed
up under your seal, into our said Probate Court, with
all convenient speed.
In Testimony Whereof I Charles G. Saffin,
Judge of the said Court, have hereunto set my hand and affixed
the Seal of said Court at Columbus this 9" day of
December. A.D. 1886.
Charles G. Saffin
Probate Judge
[corresponds to page 39 of Delaware County Will Records Vol. 8 1887-38]
39
Abner M. Fuller's Will.
said Will and Codicil thereto attached reside without
the jurisdiction of this Court.
It is therefore ordered that a Commission with the
Will and Codicil thereto annexed issue herein to
Rufus Carpenter a suitable person resident of Del-
aware County, Ohio, directing him to take the dep-
osition of said subscribing witnesses to said Will
and Codicil thereto attached and return the same duly
certified with all convenient speed to this Court, and
the further hearing is ordered and continued un-
til Wednesday the 22d day of December. A.D. 1886. at
2 o'clock. P.M., which is accordingly done.
Charles G. Saffin
Probate Judge
Commission
To Take Testimony of Witness to Will.
The State of Ohio } ss
Franklin County. }
To Rufus Carpenter, Greetings:
Know Ye, That
we, in confidence of your prudence and fidelity, have ap-
pointed you, and by these presents do give you full power
and authority to examine and take the deposition of Charles
Arthur, H.M. Carper, I.D. Horr and Jas M. Crawford
subscribing witnesses to the last Will and Testament and
Codicil of Abner M. Fuller hereto annexed, late of the
County of Franklin in the State of Ohio, deceased; and
therefore we command you, that at certain days and places
appointed by you, you cause the said Charles Arthur,
H.M. Carper, I.D. Horr and Jas. M. Crawford 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 of the said Abner M. Fuller
and that you reduce such examination to writing, and
return the same, together with this Commission and the
Will of the said Abner M. Fuller thereto annexed, closed
up under your seal, into our said Probate Court, with
all convenient speed.
In Testimony Whereof I Charles G. Saffin,
Judge of the said Court, have hereunto set my hand and affixed
the Seal of said Court at Columbus this 9" day of
December. A.D. 1886.
Charles G. Saffin
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 106)
Description
[page 106]
[corresponds to page 40 of Delaware County Will Records Vol. 8 1887-38]
40
Abner M. Fuller's Will.
Copy of Will.
In the name of the Benevolent Father of All I
Abner M Fuller of Delaware County, Ohio, being of
sound and disposing mind and memory do make and pub-
lish this my last Will and Testament; hereby revoking
all former wills by me made and declaring this and this
only to be Will and Testament.
Item 1 I hereby direct all my just debts and Funeral expen-
ses shall be paid out of my estate.
Item 2d I hereby devise and bequeath unto my beloved wife Eliza
Jane Fuller all my personal and real estate wherever
situate for and during her natural (down-arrow) with the privilege
of using and disposing of any part thereof if she may
think necessary.
Item 3d At the death of my said wife, I desire and direct and
it is my will that all the property then remaining
shall be equally divided into six (6) equal parts or
shares and that the said shares, shall then be dis-
tributed and divided as follows, to-wit: to Harriet
Hinsdale Budd wife of Benjamin Budd one share,
to Mary Bard daughter of Isaac Bard, one share,
to Elizabeth Bard daughter of Isaac Bard. one share,
to David H. Bard, son of Isaac Bard two (2) shares
and to Rouanna Bard daughter of Isaac Bard one share.
To have and to hold the shares above named to the
said parties named as aforesaid their heirs and assigns
forever. And if any of the said parties-legaters nam-
ed herein in the 3d item should die without children
before the death of my said wife then his or her share
shall be distributed and divided to the survivors in the
proportions above named.
Item 4" I do hereby Constitute nominate and appoint my beloved
wife Eliza Jane Fuller and my friend said David H.
Bard as the Executors or this my last will and tes-
tament.
In testimony whereof I have hereunto set my
hand and seal this seventeenth day of February. A.D.
1873.
A.M. Fuller {seal}
Signed sealed and declared in our presence to be the last
will and testament of the said Abner M. Fuller and we
at his request have signed the same as witnesses in his
presence and in presence of each other.
Charles Arthur,
H.M. Carper,
[corresponds to page 40 of Delaware County Will Records Vol. 8 1887-38]
40
Abner M. Fuller's Will.
Copy of Will.
In the name of the Benevolent Father of All I
Abner M Fuller of Delaware County, Ohio, being of
sound and disposing mind and memory do make and pub-
lish this my last Will and Testament; hereby revoking
all former wills by me made and declaring this and this
only to be Will and Testament.
Item 1 I hereby direct all my just debts and Funeral expen-
ses shall be paid out of my estate.
Item 2d I hereby devise and bequeath unto my beloved wife Eliza
Jane Fuller all my personal and real estate wherever
situate for and during her natural (down-arrow) with the privilege
of using and disposing of any part thereof if she may
think necessary.
Item 3d At the death of my said wife, I desire and direct and
it is my will that all the property then remaining
shall be equally divided into six (6) equal parts or
shares and that the said shares, shall then be dis-
tributed and divided as follows, to-wit: to Harriet
Hinsdale Budd wife of Benjamin Budd one share,
to Mary Bard daughter of Isaac Bard, one share,
to Elizabeth Bard daughter of Isaac Bard. one share,
to David H. Bard, son of Isaac Bard two (2) shares
and to Rouanna Bard daughter of Isaac Bard one share.
To have and to hold the shares above named to the
said parties named as aforesaid their heirs and assigns
forever. And if any of the said parties-legaters nam-
ed herein in the 3d item should die without children
before the death of my said wife then his or her share
shall be distributed and divided to the survivors in the
proportions above named.
Item 4" I do hereby Constitute nominate and appoint my beloved
wife Eliza Jane Fuller and my friend said David H.
Bard as the Executors or this my last will and tes-
tament.
In testimony whereof I have hereunto set my
hand and seal this seventeenth day of February. A.D.
1873.
A.M. Fuller {seal}
Signed sealed and declared in our presence to be the last
will and testament of the said Abner M. Fuller and we
at his request have signed the same as witnesses in his
presence and in presence of each other.
Charles Arthur,
H.M. Carper,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 107)
Description
[page 107]
[corresponds to page 41 of Delaware County Will Records Vol. 8 1887-38]
41
Abner M. Fuller's Will.
I Abner M. Fuller do make and publish the follow-
ing codicil to my will made February 17" 1873. and
hereto attached, to-wit:
Item 1st: In place of the bequests and devise made in said item
3d of said Will. I do hereby devise and bequeath that
after the death of my said wife there be paid unto
Harriet Hinsdale Budd and unto William B. Mc
Kinnie each the sum of five hundred ($500) dollars
and all the rest and residue of said estate then remain-
ing at the death of my said wife I desire and direct
shall be distributed and divided as follows: One half
thereof I give and devise unto David H Bard and the
other one half unto my three neices Mary Cellar
Elizabeth J Bard and Ruanna Bard in equal pro-
portions, and if either the said Harriet Hinsdale Budd
and William B. McKinnie shall die before the death
of my said wife then the said five hundred dollars be-
queathed to them I desire and direct shall be equally di-
vided between the said David H. Bard, Mary Cellar
Elizabeth J. Bard and Ruanna Bard, and if either the
said David H. Bard, Mary Cellar, Elizabeth J. Bard
or Ruanna Bard shall die without children before the
death of my said wife. I then desire and direct that
his or her share and portion devised to them or to which
they may be entitled under this will and codicil, shall
be distributed and divided to the survivor or survivors or
the said David H. Bard, Mary Celler, Elizabeth J.
Bard and Ruanna Bard in the proportions above named
Item 2d: I do hereby revoke said item 3d in said Will and do here-
by declare said Will with the alternative made in this
codicil to be my last will and testament.
Witness my hand
and seal this third day of March A.D. 1882.
A.M. Fuller. {seal}
Signed sealed and declared Abner M. Ful-
ler as a codicil to his last will and testament in our
presence and we at his request have signed the same
as witnesses thereto in his presence and in presence of
each other.
I. D. Horr
Jas. M. Crawford.
[corresponds to page 41 of Delaware County Will Records Vol. 8 1887-38]
41
Abner M. Fuller's Will.
I Abner M. Fuller do make and publish the follow-
ing codicil to my will made February 17" 1873. and
hereto attached, to-wit:
Item 1st: In place of the bequests and devise made in said item
3d of said Will. I do hereby devise and bequeath that
after the death of my said wife there be paid unto
Harriet Hinsdale Budd and unto William B. Mc
Kinnie each the sum of five hundred ($500) dollars
and all the rest and residue of said estate then remain-
ing at the death of my said wife I desire and direct
shall be distributed and divided as follows: One half
thereof I give and devise unto David H Bard and the
other one half unto my three neices Mary Cellar
Elizabeth J Bard and Ruanna Bard in equal pro-
portions, and if either the said Harriet Hinsdale Budd
and William B. McKinnie shall die before the death
of my said wife then the said five hundred dollars be-
queathed to them I desire and direct shall be equally di-
vided between the said David H. Bard, Mary Cellar
Elizabeth J. Bard and Ruanna Bard, and if either the
said David H. Bard, Mary Cellar, Elizabeth J. Bard
or Ruanna Bard shall die without children before the
death of my said wife. I then desire and direct that
his or her share and portion devised to them or to which
they may be entitled under this will and codicil, shall
be distributed and divided to the survivor or survivors or
the said David H. Bard, Mary Celler, Elizabeth J.
Bard and Ruanna Bard in the proportions above named
Item 2d: I do hereby revoke said item 3d in said Will and do here-
by declare said Will with the alternative made in this
codicil to be my last will and testament.
Witness my hand
and seal this third day of March A.D. 1882.
A.M. Fuller. {seal}
Signed sealed and declared Abner M. Ful-
ler as a codicil to his last will and testament in our
presence and we at his request have signed the same
as witnesses thereto in his presence and in presence of
each other.
I. D. Horr
Jas. M. Crawford.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 108)
Description
[page 108]
[corresponds to page 42 of Delaware County Will Records Vol. 8 1887-1890]
42
Abner M. Fuller's Will.
Deposition of Witness to Will.
The State of Ohio } ss In the Matter of the Last Will and Testament
Franklin County } of Abner M. Fuller. Deceased.
Personally appeared before me Rufus Carpenter, Commis-
sioner, Charles Arthur and H. M. Harper subscribing wit-
nesses to the last Will and Testament of Abner M.
Fuller, late of Blendon Township in said Franklin
County, deceased, who being by me first duly sworn ac-
cording to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of said
Will, depose and say: That we were present at the ex-
ecution of the paper before them bearing date the 17"
day of February A.D. 1873 purporting to be the last
Will and Testament of Abner M. Fuller now deceased,
whose name is signed at the end thereof, and at the
request of said deceased, they subscribed their names to
the same as his witnesses in his presence; that they
saw the said Abner M. Fuller sign and seal said Will,
and heard him acknowledge the same to be his last
Will and Testament, and that the said Abner M.
Fuller was of full age, of sound mind and memory, and
not under any restraint.
Charles Arthur
H. M. Carper.
The State of Ohio } ss
Franklin County }
I, Rufus Carpenter, duly appoint-
ed and commissioned by the Judge of the Probate
Court, of the County of Franklin and the State of Oh-
io, to take the testimony of Charles Arthur and H. M.
Carper subscribing witnesses to the last Will and Tes-
tament of Abner M. Fuller, deceased, late a resident of
said County and State, which Commission, and the
said Will are hereto annexed, do hereby certify that in
pursuance of said Commission I caused the above named
Charles Arthur and H. M. Carper subscribing witness-
es as aforesaid to appear before me, at my office on the
21" day of December, 1886, that they were first duly
sworn by me, according to law, to speak the truth, the
whole truth and nothing but the truth; that I exam-
ined them in relation to the execution of said Will,
and reduced their testimonies to writing as above set forth
in their presence and that they signed the same in
my presence, and I further certify that I am not Coun-
sel, Attorney or Relative of any of the parties named
[corresponds to page 42 of Delaware County Will Records Vol. 8 1887-1890]
42
Abner M. Fuller's Will.
Deposition of Witness to Will.
The State of Ohio } ss In the Matter of the Last Will and Testament
Franklin County } of Abner M. Fuller. Deceased.
Personally appeared before me Rufus Carpenter, Commis-
sioner, Charles Arthur and H. M. Harper subscribing wit-
nesses to the last Will and Testament of Abner M.
Fuller, late of Blendon Township in said Franklin
County, deceased, who being by me first duly sworn ac-
cording to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of said
Will, depose and say: That we were present at the ex-
ecution of the paper before them bearing date the 17"
day of February A.D. 1873 purporting to be the last
Will and Testament of Abner M. Fuller now deceased,
whose name is signed at the end thereof, and at the
request of said deceased, they subscribed their names to
the same as his witnesses in his presence; that they
saw the said Abner M. Fuller sign and seal said Will,
and heard him acknowledge the same to be his last
Will and Testament, and that the said Abner M.
Fuller was of full age, of sound mind and memory, and
not under any restraint.
Charles Arthur
H. M. Carper.
The State of Ohio } ss
Franklin County }
I, Rufus Carpenter, duly appoint-
ed and commissioned by the Judge of the Probate
Court, of the County of Franklin and the State of Oh-
io, to take the testimony of Charles Arthur and H. M.
Carper subscribing witnesses to the last Will and Tes-
tament of Abner M. Fuller, deceased, late a resident of
said County and State, which Commission, and the
said Will are hereto annexed, do hereby certify that in
pursuance of said Commission I caused the above named
Charles Arthur and H. M. Carper subscribing witness-
es as aforesaid to appear before me, at my office on the
21" day of December, 1886, that they were first duly
sworn by me, according to law, to speak the truth, the
whole truth and nothing but the truth; that I exam-
ined them in relation to the execution of said Will,
and reduced their testimonies to writing as above set forth
in their presence and that they signed the same in
my presence, and I further certify that I am not Coun-
sel, Attorney or Relative of any of the parties named
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 109)
Description
[page 109]
[corresponds to page 43 of Delaware County Will Records Vol. 8 1887-1890]
43
Abner M. Fuller's Will.
in said Will, or otherwise interested in the Probate
thereof.
In witness whereof I have hereunto set my
hand, this 21" day of December. A.D. 1886.
Rufus Carpenter
Probate Judge.
Deposition of Witness to Codicil.
The State of Ohio } ss In the Matter of the Last Will and
Franklin County } Testament of Abner M. Fuller. Deceased.
Personally appeared before me Rufus Carpenter,
Commissioner, Jas. M. Crawford and I. D. Horr subscribing
witnesses to the last Will and Testament of Abner M.
Fuller, late of Blendon Township in said Franklin
County, deceased, who being by me first duly sworn
according to law, to speak the truth, the whole truth,
and nothing but the truth in relation to the execution of
said Codicil to said Will, depose and say: That they
were present at the execution of the paper before them
bearing date the 3rd day of March. A.D. 1882. purporting
to be a Codicil to the last Will and Testament of Ab-
ner M. Fuller, now deceased, whose name is signed at
the end thereof, and at the request of said deceased, they
subscribed their names to the same as his witnesses in
his presence; that they saw the said Abner M. Fuller
sign and seal said Codicil to said Will, and heard him
acknowledge the same to be a Codicil to his last Will
and Testament, and that the said Abner M. Fuller at
the time of making, signing and sealing said Codicil, was
of full age, of sound mind and memory, and not under
any restraint.
Jas M. Crawford
I.D. Horr
The State of Ohio } ss
Franklin County }
I, Rufus Carpenter, duly apppointed
and commissioned by the Judge of the Probate Court, of
the County of Franklin and the State of Ohio, to take
the testimony of Jas. M. Crawford and I. D. Horr subscrib-
ing witnesses to the Codicil to the last Will and Testa-
ment of Abner M. Fuller, deceased, late a resident of said
County and State, which Commission, and the said Will
are hereto annexed, do hereby certify that in the pursuance of
said Commission I caused the above named Jas. M.
Crawford and I. D. Horr subscribing witnesses as afor-
said to appear before me, at my office on the 21" day of
[corresponds to page 43 of Delaware County Will Records Vol. 8 1887-1890]
43
Abner M. Fuller's Will.
in said Will, or otherwise interested in the Probate
thereof.
In witness whereof I have hereunto set my
hand, this 21" day of December. A.D. 1886.
Rufus Carpenter
Probate Judge.
Deposition of Witness to Codicil.
The State of Ohio } ss In the Matter of the Last Will and
Franklin County } Testament of Abner M. Fuller. Deceased.
Personally appeared before me Rufus Carpenter,
Commissioner, Jas. M. Crawford and I. D. Horr subscribing
witnesses to the last Will and Testament of Abner M.
Fuller, late of Blendon Township in said Franklin
County, deceased, who being by me first duly sworn
according to law, to speak the truth, the whole truth,
and nothing but the truth in relation to the execution of
said Codicil to said Will, depose and say: That they
were present at the execution of the paper before them
bearing date the 3rd day of March. A.D. 1882. purporting
to be a Codicil to the last Will and Testament of Ab-
ner M. Fuller, now deceased, whose name is signed at
the end thereof, and at the request of said deceased, they
subscribed their names to the same as his witnesses in
his presence; that they saw the said Abner M. Fuller
sign and seal said Codicil to said Will, and heard him
acknowledge the same to be a Codicil to his last Will
and Testament, and that the said Abner M. Fuller at
the time of making, signing and sealing said Codicil, was
of full age, of sound mind and memory, and not under
any restraint.
Jas M. Crawford
I.D. Horr
The State of Ohio } ss
Franklin County }
I, Rufus Carpenter, duly apppointed
and commissioned by the Judge of the Probate Court, of
the County of Franklin and the State of Ohio, to take
the testimony of Jas. M. Crawford and I. D. Horr subscrib-
ing witnesses to the Codicil to the last Will and Testa-
ment of Abner M. Fuller, deceased, late a resident of said
County and State, which Commission, and the said Will
are hereto annexed, do hereby certify that in the pursuance of
said Commission I caused the above named Jas. M.
Crawford and I. D. Horr subscribing witnesses as afor-
said to appear before me, at my office on the 21" day of
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 110)
Description
[page 110]
[corresponds to page 44 of Delaware County Will Records Vol. 8 1887-1890]
44
Abner M. Fuller's Estate
December, 1886. that they were first duly sworn by me,
according to law, to speak the truth, the whole truth, and
nothing but the truth; that I examined them in relation
to the execution of said Will, and reduced their testimon-
y to writing as above set forth in their presence and that
they signed the same in my presence, and I further certi-
fy that I am not Counsel, Attorney, or Relative of any
of the parties named in said Will, or otherwise interest-
ed in the Probate thereof.
In Witness whereof I have
hereunto set my hand, this 21" day of December. A.D. 1886.
Rufus Carpenter
Probate Judge
In the Matter of the Last Will and |
Testament and Codicil thereto at. |
tached of Abner M. Fuller, Deceased. |
Wednesday. December. 22nd A.D. 1886
The Commission heretofore issued herein to take the testimony
of Charles Arthur, H.M. Carper, Q.D. Horr and Jas. M. Craw-
ford, the subscribing witnesses to the Will and Codicil
thereto of Abner M. Fuller, deceased, was this day returned
duly executed and the same was filed herein. And it appear-
ing to the Court from the examination and depositions of the said
witnesses Charles Arthur, H.M. Carper, Q.D. Horr and
Jas. M. Crawford that the said Will and Codicil was duly
executed and attested, and that at the time of executing the
same, the testator was of full age and of sound mind and memory
and not under any restraint. The Court now admit the said
Will and Codicil thereto to Probate and order the same to-
gether with the testimony so taken to be recorded according
to the Statutes in such cases made and provided.
Charles G. Saffin
Probate Judge.
The State of Ohio. Franklin County: ss
I Charles G. Saffin, Judge of the
Probate Court, within and for said County, hereby certify the foregoing
to be a true copy of the last Will and Testament of Abner M.
Fuller, deceased, as the same remains on file and record in said
Court, together with the orders of said Court made on the
Probate thereof, and of the testimony of witnesses examined as re-
duced to writing and filed, and as recorded in Record of Wills,
Vol. K. Page 141 etc.
Witness my official signature, and the seal
of said Court, at Columbus, this 27" day of May. A.D.
1887.
Charles G. Saffin
{Seal} Probate Judge
[corresponds to page 44 of Delaware County Will Records Vol. 8 1887-1890]
44
Abner M. Fuller's Estate
December, 1886. that they were first duly sworn by me,
according to law, to speak the truth, the whole truth, and
nothing but the truth; that I examined them in relation
to the execution of said Will, and reduced their testimon-
y to writing as above set forth in their presence and that
they signed the same in my presence, and I further certi-
fy that I am not Counsel, Attorney, or Relative of any
of the parties named in said Will, or otherwise interest-
ed in the Probate thereof.
In Witness whereof I have
hereunto set my hand, this 21" day of December. A.D. 1886.
Rufus Carpenter
Probate Judge
In the Matter of the Last Will and |
Testament and Codicil thereto at. |
tached of Abner M. Fuller, Deceased. |
Wednesday. December. 22nd A.D. 1886
The Commission heretofore issued herein to take the testimony
of Charles Arthur, H.M. Carper, Q.D. Horr and Jas. M. Craw-
ford, the subscribing witnesses to the Will and Codicil
thereto of Abner M. Fuller, deceased, was this day returned
duly executed and the same was filed herein. And it appear-
ing to the Court from the examination and depositions of the said
witnesses Charles Arthur, H.M. Carper, Q.D. Horr and
Jas. M. Crawford that the said Will and Codicil was duly
executed and attested, and that at the time of executing the
same, the testator was of full age and of sound mind and memory
and not under any restraint. The Court now admit the said
Will and Codicil thereto to Probate and order the same to-
gether with the testimony so taken to be recorded according
to the Statutes in such cases made and provided.
Charles G. Saffin
Probate Judge.
The State of Ohio. Franklin County: ss
I Charles G. Saffin, Judge of the
Probate Court, within and for said County, hereby certify the foregoing
to be a true copy of the last Will and Testament of Abner M.
Fuller, deceased, as the same remains on file and record in said
Court, together with the orders of said Court made on the
Probate thereof, and of the testimony of witnesses examined as re-
duced to writing and filed, and as recorded in Record of Wills,
Vol. K. Page 141 etc.
Witness my official signature, and the seal
of said Court, at Columbus, this 27" day of May. A.D.
1887.
Charles G. Saffin
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 111)
Description
[page 111]
[corresponds to page 45 of Delaware County Will Records Vol. 8 1887-1890]
45
Hugh Cole's Will
Application for Probate.
The State of Ohio } ss In Probate Court
Delaware County }
In the Matter of the Last } Application to
Will and Testament of Hugh } Admit to Probate.
Cole, Deceased.
To the Hon. Rufus Carpenter,
Judge of the Probate Court in and for said County.
Your petitioner
respectfully represents that Hugh Cole, late a resident
of the Township of Oxford, in said County, died on or
about the 27" day of May. A.D. 1887. leaving an instrument
in writing, hereto attached, purporting to be his last Will and
Testament. That the said Hugh Cole died leaving
Sarah Cole, his widow, and the following named persons
his only next of kin resident of the State of Ohio:
Elias Cole Son Ashley. O.
Amanda Bellman Daughter Portland. Ind.
Your petitioner prays that a time may be fixed for
the proving of said Will, and that said above named
persons may be notified according to law of the pending of
said proceedings
Elias Cole.
The foregoing application was signed in my presence and
sworn to before me this 6" day of June. A.D. 1887.
Rufus Carpenter
Probate Judge.
Waiver.
We, the undersigned, heirs of the within named decedent,
hereby waive further notice, and consent to the probate of said Will.
Dated this 6" day of June. A.D. 1887.
Elias Cole
Mrs. Amanda Beelman
Sarah Cole.
[corresponds to page 45 of Delaware County Will Records Vol. 8 1887-1890]
45
Hugh Cole's Will
Application for Probate.
The State of Ohio } ss In Probate Court
Delaware County }
In the Matter of the Last } Application to
Will and Testament of Hugh } Admit to Probate.
Cole, Deceased.
To the Hon. Rufus Carpenter,
Judge of the Probate Court in and for said County.
Your petitioner
respectfully represents that Hugh Cole, late a resident
of the Township of Oxford, in said County, died on or
about the 27" day of May. A.D. 1887. leaving an instrument
in writing, hereto attached, purporting to be his last Will and
Testament. That the said Hugh Cole died leaving
Sarah Cole, his widow, and the following named persons
his only next of kin resident of the State of Ohio:
Elias Cole Son Ashley. O.
Amanda Bellman Daughter Portland. Ind.
Your petitioner prays that a time may be fixed for
the proving of said Will, and that said above named
persons may be notified according to law of the pending of
said proceedings
Elias Cole.
The foregoing application was signed in my presence and
sworn to before me this 6" day of June. A.D. 1887.
Rufus Carpenter
Probate Judge.
Waiver.
We, the undersigned, heirs of the within named decedent,
hereby waive further notice, and consent to the probate of said Will.
Dated this 6" day of June. A.D. 1887.
Elias Cole
Mrs. Amanda Beelman
Sarah Cole.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 112)
Description
[page 112]
[corresponds to page 46 of Delaware County Will Records Vol. 8 1887-1890]
46
Hugh Cole's Will
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open Court
Joseph F. Wilt and Wm Ashbrook the subscribing wit-
nesses to the last Will and Testament of Hugh Cole, late
of Oxford Township in said Delaware County, deceased;
who, being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the
paper before them bearing date the 20" day of March,
A.D. 1884 purporting to be the last Will and Testament
of Hugh Cole, now deceased, is the Will of said de-
ceased. Hugh Cole, that they were present at the ex-
ecution of said Will, and at the request of the Testator,
respectively subscribed their names to the same as wit-
ness, in his presence; that they saw the said Hugh
Cole deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testament
and that the said Hugh Cole at the time of making
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
Joseph F. Wilt
Wm Ashbrook.
Sworn to and subscribed by said witnesses, in open
Court, this 6" day of June, A.D. 1887.
Rufus Carpenter
{Seal}
Probate Judge
Journal Entry.
June 6" 1887
In the Matter of the Will |
of Hugh Cole, Deceased |
This Day, an instrument of
writing, purporting to be the last Will and Testament of
Hugh Cole, late of Oxford Township in this County,
deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the said
Will be filed in this Court; and afterwards, to-wit:
came Sarah Cole, widow, and Elias Cole and Amanda
Beelman, heirs and next of kin of the Testator, resident
of the State of Ohio, and entered their appearance there-
in and consented to the Probate of said Will, and there-
upon came Joseph F. Wilt and Wm. Ashbrook, the
subscribing witnesses to said Will, who being duly
[corresponds to page 46 of Delaware County Will Records Vol. 8 1887-1890]
46
Hugh Cole's Will
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open Court
Joseph F. Wilt and Wm Ashbrook the subscribing wit-
nesses to the last Will and Testament of Hugh Cole, late
of Oxford Township in said Delaware County, deceased;
who, being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the
paper before them bearing date the 20" day of March,
A.D. 1884 purporting to be the last Will and Testament
of Hugh Cole, now deceased, is the Will of said de-
ceased. Hugh Cole, that they were present at the ex-
ecution of said Will, and at the request of the Testator,
respectively subscribed their names to the same as wit-
ness, in his presence; that they saw the said Hugh
Cole deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testament
and that the said Hugh Cole at the time of making
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
Joseph F. Wilt
Wm Ashbrook.
Sworn to and subscribed by said witnesses, in open
Court, this 6" day of June, A.D. 1887.
Rufus Carpenter
{Seal}
Probate Judge
Journal Entry.
June 6" 1887
In the Matter of the Will |
of Hugh Cole, Deceased |
This Day, an instrument of
writing, purporting to be the last Will and Testament of
Hugh Cole, late of Oxford Township in this County,
deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the said
Will be filed in this Court; and afterwards, to-wit:
came Sarah Cole, widow, and Elias Cole and Amanda
Beelman, heirs and next of kin of the Testator, resident
of the State of Ohio, and entered their appearance there-
in and consented to the Probate of said Will, and there-
upon came Joseph F. Wilt and Wm. Ashbrook, the
subscribing witnesses to said Will, who being duly
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 113)
Description
[page 113]
[corresponds to page 47 of Delaware County Will Records Vol. 8 1887-1890]
47
Hugh Cole's Will
sworn, testified to the due execution and attestation of said
Will, which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said Hugh
Cole, deceased. That the same was duly executed and
attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any re-
straint. It is, therefore, by the Court ordered, that the
said Will be admitted to probate, and that the same, to-
gether with the testimony of the witnesses above named as
well as the proceedings had thereon, be entered of record in
this Court.
Rufus Carpenter
Probate Judge
Copy of Will
In the Name of the Benevolent Father of All, I
Hugh Cole do make this my last Will and Tes-
tament.
I give and devise to my beloved wife the house and land
within the limits of incorporation of Ashley, County
of Delaware and State of Ohio, and all of the household
goods and furniture thereto belonging to have and to hold
so long as she shall live and the lot laying between
the lot of my house and Windfield Smith lot from the
street to the garden fence. My wife can do with it
as may seem right to sell it for herself and keep the
money and if she should become necessary, on the
account of sickness or any other providential occurrence
so she should be in need of money, she may sell the
lot on the south end of my lot adjoining J.C. Coles
on the West and Leroy Smith on the East on the
South on the lands of James Ogden. Supposed
to contain four and one half acres of land and my son
Elias Cole is to pay my said wife three hundred dol-
lars yearly so long as she may live and my said wife
has the privilege of keeping one cow and horse and buggy
and harness if she should desire to do so if not my
said said heirs may take them and sell or divide them
between themselves all of them my wife to keep one
cow.
Item 2d I devise and bequeath to my son Elias Cole and his
heirs that farm on which Elias Cole now resides. Sit=
[corresponds to page 47 of Delaware County Will Records Vol. 8 1887-1890]
47
Hugh Cole's Will
sworn, testified to the due execution and attestation of said
Will, which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said Hugh
Cole, deceased. That the same was duly executed and
attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any re-
straint. It is, therefore, by the Court ordered, that the
said Will be admitted to probate, and that the same, to-
gether with the testimony of the witnesses above named as
well as the proceedings had thereon, be entered of record in
this Court.
Rufus Carpenter
Probate Judge
Copy of Will
In the Name of the Benevolent Father of All, I
Hugh Cole do make this my last Will and Tes-
tament.
I give and devise to my beloved wife the house and land
within the limits of incorporation of Ashley, County
of Delaware and State of Ohio, and all of the household
goods and furniture thereto belonging to have and to hold
so long as she shall live and the lot laying between
the lot of my house and Windfield Smith lot from the
street to the garden fence. My wife can do with it
as may seem right to sell it for herself and keep the
money and if she should become necessary, on the
account of sickness or any other providential occurrence
so she should be in need of money, she may sell the
lot on the south end of my lot adjoining J.C. Coles
on the West and Leroy Smith on the East on the
South on the lands of James Ogden. Supposed
to contain four and one half acres of land and my son
Elias Cole is to pay my said wife three hundred dol-
lars yearly so long as she may live and my said wife
has the privilege of keeping one cow and horse and buggy
and harness if she should desire to do so if not my
said said heirs may take them and sell or divide them
between themselves all of them my wife to keep one
cow.
Item 2d I devise and bequeath to my son Elias Cole and his
heirs that farm on which Elias Cole now resides. Sit=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 114)
Description
[page 114]
[corresponds to page 48 of Delaware County Will Records Vol. 8 1887-1890]
48
Hugh Cole's Will
=uated in Marlborough Township, County of Delaware
and State of Ohio, containing one hundred and fifty three
acres to have and to hold for ever and my son Elias Cole
twelve months after the death of my self or wife is to
pay Amanda Beelman the sum of Eight Hun-
dred Dollars the sum paid to H. Cole by the mother
of Amanda Beelman and Elias Cole is to pay to
Amanda Beelman at the rate of thirty dollars an
Acre for the said one hundred and fifty three acres and
Elias is not to be compelled to pay any part of the
said land money for two years after the death of
my self or wife , the interest on the eight hundred
dollars to commence on the first day of May. 1884.
Interest on the land money to commence on and after
the death of myself or wife. Interest at six percent
on all money. Elias not to pay over five hundred
dollars a year unless it is convenient for him to pay
more on the land money. at the death of my said
wife my heirs will take possession of my property both
Real and Chattel in the incorporated Villa of Ashley
and do with it as they may see proper either sell it
or keep it
I have a judgment against Samuel Sharp for about
five hundred dollars if not collected in my time I
desire my executors to collect it and divide it equally
between my three grandchildren to-wit: Charles Cole,
Milo Cole and Hugh Beelman it is my desire
that my executors will settle my Estate without
Probate Court do it fairly and justly.
In testimony where-
of I have hereunto set my hand and seal this 20" day
March. 1884.
Hugh Cole {seal}
Signed and acknowledged by said Hugh Cole as his
last Will and Testament in our presence and signed by
us in his presence.
Joseph F. Wilt
Wm Ashbrook.
I do hereby appoint Elias Cole and J.C. Cole, Exec-
utors of this my last will and testament hereby authorize
and empowering them to adjust release and discharge
in such manner as they may deem proper the debts
and claims due me.
[corresponds to page 48 of Delaware County Will Records Vol. 8 1887-1890]
48
Hugh Cole's Will
=uated in Marlborough Township, County of Delaware
and State of Ohio, containing one hundred and fifty three
acres to have and to hold for ever and my son Elias Cole
twelve months after the death of my self or wife is to
pay Amanda Beelman the sum of Eight Hun-
dred Dollars the sum paid to H. Cole by the mother
of Amanda Beelman and Elias Cole is to pay to
Amanda Beelman at the rate of thirty dollars an
Acre for the said one hundred and fifty three acres and
Elias is not to be compelled to pay any part of the
said land money for two years after the death of
my self or wife , the interest on the eight hundred
dollars to commence on the first day of May. 1884.
Interest on the land money to commence on and after
the death of myself or wife. Interest at six percent
on all money. Elias not to pay over five hundred
dollars a year unless it is convenient for him to pay
more on the land money. at the death of my said
wife my heirs will take possession of my property both
Real and Chattel in the incorporated Villa of Ashley
and do with it as they may see proper either sell it
or keep it
I have a judgment against Samuel Sharp for about
five hundred dollars if not collected in my time I
desire my executors to collect it and divide it equally
between my three grandchildren to-wit: Charles Cole,
Milo Cole and Hugh Beelman it is my desire
that my executors will settle my Estate without
Probate Court do it fairly and justly.
In testimony where-
of I have hereunto set my hand and seal this 20" day
March. 1884.
Hugh Cole {seal}
Signed and acknowledged by said Hugh Cole as his
last Will and Testament in our presence and signed by
us in his presence.
Joseph F. Wilt
Wm Ashbrook.
I do hereby appoint Elias Cole and J.C. Cole, Exec-
utors of this my last will and testament hereby authorize
and empowering them to adjust release and discharge
in such manner as they may deem proper the debts
and claims due me.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 115)
Description
[page 115]
[corresponds to page 49 of Delaware County Will Records Vol. 8 1887-1890]
49
Eliza T. Glover's Will.
Journal Entry.
June 6" 1887
In the Matter of the Will | Probate Court.
of Eliza T. Glover. Deceased. |
This day, an instrument
of writing, purporting to be the last Will and Testament
of Eliza T. Glover, late of Delaware City, in this
County, deceased, was produced in open Court for Pro-
bate, On consideration whereof, it is ordered that the
said Will be filed in this Court, and that due no-
tice thereof, and of the application to admit the same
to probate and record, be given to John J. Glover, Eli-
za J. Simpson, Mary A Neff, Amos L. Glover, Arthur
J. Glover, Bertha A. Glover and Mary A. Glover
heirs and next of kin of the Testatrix, resident of the
State of Ohio, that said application will be for hear-
ing before this Court on the 13" day of June. A.D.
1887. at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Eliza T. Glover, deceased.
To John J. Glover,
Eliza J. Simpson, Mary A. Neff, Amos L. Glover
Arthur J. Glover, Bertha A. Glover and Mary A. Glover.
You are
hereby notified that on the 6" day of June A.D. 1887. an
instrument of writing, purporting to be the last Will and
Testament of Eliza T. Glover late of Delaware City,
in said County, deceased, was produced in open Court,
an application to admit the same to probate was on
the same day made in said Court. Said application
will be for hearing before this Court on the 13" day of
June. A.D. 1887. at 10 o'clock. A.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 3rd day of June. A.D. 1887.
Return.
The State of Ohio } ss
Delaware County }
Amos Glover being duly sworn, says
that on the 6" day of June A.D 1887, he served the
[corresponds to page 49 of Delaware County Will Records Vol. 8 1887-1890]
49
Eliza T. Glover's Will.
Journal Entry.
June 6" 1887
In the Matter of the Will | Probate Court.
of Eliza T. Glover. Deceased. |
This day, an instrument
of writing, purporting to be the last Will and Testament
of Eliza T. Glover, late of Delaware City, in this
County, deceased, was produced in open Court for Pro-
bate, On consideration whereof, it is ordered that the
said Will be filed in this Court, and that due no-
tice thereof, and of the application to admit the same
to probate and record, be given to John J. Glover, Eli-
za J. Simpson, Mary A Neff, Amos L. Glover, Arthur
J. Glover, Bertha A. Glover and Mary A. Glover
heirs and next of kin of the Testatrix, resident of the
State of Ohio, that said application will be for hear-
ing before this Court on the 13" day of June. A.D.
1887. at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Eliza T. Glover, deceased.
To John J. Glover,
Eliza J. Simpson, Mary A. Neff, Amos L. Glover
Arthur J. Glover, Bertha A. Glover and Mary A. Glover.
You are
hereby notified that on the 6" day of June A.D. 1887. an
instrument of writing, purporting to be the last Will and
Testament of Eliza T. Glover late of Delaware City,
in said County, deceased, was produced in open Court,
an application to admit the same to probate was on
the same day made in said Court. Said application
will be for hearing before this Court on the 13" day of
June. A.D. 1887. at 10 o'clock. A.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 3rd day of June. A.D. 1887.
Return.
The State of Ohio } ss
Delaware County }
Amos Glover being duly sworn, says
that on the 6" day of June A.D 1887, he served the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 116)
Description
[page 116]
[corresponds to page 50 of Delaware County Will Records Vol. 8 1887-1890]
50
Eliza T. Glover's Will.
within notice by delivering a true copy thereof to the
within named Amos L. Glover and Bertha A. Glover, and
the 8" day of June 1887 to John J. Glover, Eliza J. Simpson,
Mary A. Neff, Arthur J. Glover and Mary A. Glover
this notice.
Amos Glover
Subscribed in my presence and sworn to before me this 11"
day of June 1887.
Rufus Carpenter
Probate Judge.
Probate of Will.
In Probate Court } In the Matter of proving the last Will
Delaware County. Ohio. } and Testament of Eliza T. Glover. Deceased.
The State of Ohio } ss
Delaware County }
John Cunningham, being duly
sworn and examined as a witness in the above entitled
matter, says; I was present at the execution of the instru-
ment now shown to me, bearing date the 4" day of March
A.D. 1883. and offered for probate as the last Will and
Testament of Eliza T. Glover, late of Delaware Township,
in said County of Delaware, deceased sign and seal said instru-
ment, and heard her acknowledge the same to be her last
Will and Testament; and I, thereupon, at her request, and
in her presence, subscribed my name to the same as a
witness. The said decedent, at the time of making, signing
and sealing said instrument, was of full age, of sound mind
and memory, and not under any restraint.
John Cunningham
Sworn to and subscribed by said witness in open Court,
this 13" day of June. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
The State of Ohio } ss
Delaware County }
H.M. Perkins, being duly sworn and
examined as a witness in the above entitled matter, says;
I was present at the execution of the instrument now
known to me, bearing date the 4" day of March. A.D.
1883, and offered for probate as the last Will and Testa-
ment of Eliza T. Glover, late of Delaware Township, in
said County of Delaware, deceased, and saw the said Eli-
za T. Glover, now deceased, sign and seal said instrument,
and heard her acknowledge the same to be her last Will
[corresponds to page 50 of Delaware County Will Records Vol. 8 1887-1890]
50
Eliza T. Glover's Will.
within notice by delivering a true copy thereof to the
within named Amos L. Glover and Bertha A. Glover, and
the 8" day of June 1887 to John J. Glover, Eliza J. Simpson,
Mary A. Neff, Arthur J. Glover and Mary A. Glover
this notice.
Amos Glover
Subscribed in my presence and sworn to before me this 11"
day of June 1887.
Rufus Carpenter
Probate Judge.
Probate of Will.
In Probate Court } In the Matter of proving the last Will
Delaware County. Ohio. } and Testament of Eliza T. Glover. Deceased.
The State of Ohio } ss
Delaware County }
John Cunningham, being duly
sworn and examined as a witness in the above entitled
matter, says; I was present at the execution of the instru-
ment now shown to me, bearing date the 4" day of March
A.D. 1883. and offered for probate as the last Will and
Testament of Eliza T. Glover, late of Delaware Township,
in said County of Delaware, deceased sign and seal said instru-
ment, and heard her acknowledge the same to be her last
Will and Testament; and I, thereupon, at her request, and
in her presence, subscribed my name to the same as a
witness. The said decedent, at the time of making, signing
and sealing said instrument, was of full age, of sound mind
and memory, and not under any restraint.
John Cunningham
Sworn to and subscribed by said witness in open Court,
this 13" day of June. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
The State of Ohio } ss
Delaware County }
H.M. Perkins, being duly sworn and
examined as a witness in the above entitled matter, says;
I was present at the execution of the instrument now
known to me, bearing date the 4" day of March. A.D.
1883, and offered for probate as the last Will and Testa-
ment of Eliza T. Glover, late of Delaware Township, in
said County of Delaware, deceased, and saw the said Eli-
za T. Glover, now deceased, sign and seal said instrument,
and heard her acknowledge the same to be her last Will
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 117)
Description
[page 117]
[corresponds to page 51 of Delaware County Will Records Vol. 8 1887-1890]
51
Eliza T. Glover's Will.
and Testament, and I, thereupon, at her request, and in
her presence, subscribed my name to the same as a
witness. The said decedent, at the time of making, sign-
ing and sealing said instrument, was of full age, of sound
mind and memory, and not under any restraint,
H.M. Perkins
Sworn to and subscribed by said witness in open Court,
this 13" day of June. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
June 13" 1887.
In the matter of the Will of |
Eliza T. Glover. Deceased. |
Be it remembered, that here-
tofore to-wit: on the 6" day of June. A.D. 1887 an instru-
ment of writing, purporting to be the last Will and Testa-
ment of Eliza T. Glover, late of Delaware City, in this
County, deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the
satisfaction of the Court, that due notice of the filing of
said Will, and of the application to admit the same to
probate and record in this Court, has been given to John
J. Glover, Eliza J. Simpson, Mary A. Neff, Amos L. Glov-
er, Arthur J. Glover, Bertha A. Glover and Mary A. Glover
heirs and next of kin of the Testatrix, resident of the State
of Ohio, pursuant to a former order of this Court; there-
fore, on this day came John Cunningham and H.M. Per-
kins the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attestation of
said Will. Which Testimony was reduced to writing, by
them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said Eliza T.
Glover, deceased. That the same was duly executed and
attested; and that the said Testatrix, at the time of
making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same. together with the
testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this
Court.
Rufus Carpenter
Probate Judge
[corresponds to page 51 of Delaware County Will Records Vol. 8 1887-1890]
51
Eliza T. Glover's Will.
and Testament, and I, thereupon, at her request, and in
her presence, subscribed my name to the same as a
witness. The said decedent, at the time of making, sign-
ing and sealing said instrument, was of full age, of sound
mind and memory, and not under any restraint,
H.M. Perkins
Sworn to and subscribed by said witness in open Court,
this 13" day of June. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
June 13" 1887.
In the matter of the Will of |
Eliza T. Glover. Deceased. |
Be it remembered, that here-
tofore to-wit: on the 6" day of June. A.D. 1887 an instru-
ment of writing, purporting to be the last Will and Testa-
ment of Eliza T. Glover, late of Delaware City, in this
County, deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the
satisfaction of the Court, that due notice of the filing of
said Will, and of the application to admit the same to
probate and record in this Court, has been given to John
J. Glover, Eliza J. Simpson, Mary A. Neff, Amos L. Glov-
er, Arthur J. Glover, Bertha A. Glover and Mary A. Glover
heirs and next of kin of the Testatrix, resident of the State
of Ohio, pursuant to a former order of this Court; there-
fore, on this day came John Cunningham and H.M. Per-
kins the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attestation of
said Will. Which Testimony was reduced to writing, by
them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said Eliza T.
Glover, deceased. That the same was duly executed and
attested; and that the said Testatrix, at the time of
making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same. together with the
testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this
Court.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 118)
Description
[page 118]
[corresponds to page 52 of Delaware County Will Records Vol. 8 1887-1890]
52
Eliza T. Glover's Will.
Copy of Will.
In the Name of the Benevolent Father of All I, Eliza
T. Glover of the County & City of Delaware, Ohio, Being
of sound mind and memory do make and publish this my
last Will and testimony in manner and form following.
1st. It is my will that all my just debts and expenses be
paid
2d I give and devise to my son Amos Glover the house and
lot where I now reside on west William Street being
the Lot I purchased from M. D. Civil & wife. Being
132 feet front and 363 feet back with all the buildings there-
on and all the furniture & bed and beding in the south east room
which I give to my grand daughter Allace Glover that
being the room she now occupys.
3d It is my will that the house and lot I now own on the
south side of William Street be sold as soon as can be
done without sacrifice and the proceeds with the notes and
money I may be possessed of at my decease shall be
divided (If there shall be sufficient to pay that amount,
as follows, to my son John J. Glover three thousand dollars
and to my daughter Eliza J. Simpson three thousand dollars
and to my son Samuel Glover three thousand dollars
and to my daughter Mary Neff three thousand dollars
and to my daughter Sarah McDarvin three thousand dollars
and to the heirs of my son Arthur Glover deceased three thous-
and dollars that amount to be divided equally between all
that may be living at my decease of said heirs.
4th If there shall be any surplus after paying the foregoing be-
quests the balance shall be equally divided between my son
Amos Glover and all the heretofore named sons & daughters and
to the heirs of Arthur Glover one seventh share as heretofore
stated.
5th I hereby appoint my son Amos Glover as my Executor to
carry out the provisions of this my last will and testament
and he is hereby authorized to sell and convey any real estate
the same as I could do myself either at public or private
sale as he may think best.
In testimony whereof I hereunto set my hand
and seal this fourth day of March .A.D. 1883.
Eliza T. Glover. {Seal}
Signed and acknowledged by Eliza T. Glover the testator in our
presence and signed by us in her presence and at her request.
John Cunningham
H.M. Perkins.
[corresponds to page 52 of Delaware County Will Records Vol. 8 1887-1890]
52
Eliza T. Glover's Will.
Copy of Will.
In the Name of the Benevolent Father of All I, Eliza
T. Glover of the County & City of Delaware, Ohio, Being
of sound mind and memory do make and publish this my
last Will and testimony in manner and form following.
1st. It is my will that all my just debts and expenses be
paid
2d I give and devise to my son Amos Glover the house and
lot where I now reside on west William Street being
the Lot I purchased from M. D. Civil & wife. Being
132 feet front and 363 feet back with all the buildings there-
on and all the furniture & bed and beding in the south east room
which I give to my grand daughter Allace Glover that
being the room she now occupys.
3d It is my will that the house and lot I now own on the
south side of William Street be sold as soon as can be
done without sacrifice and the proceeds with the notes and
money I may be possessed of at my decease shall be
divided (If there shall be sufficient to pay that amount,
as follows, to my son John J. Glover three thousand dollars
and to my daughter Eliza J. Simpson three thousand dollars
and to my son Samuel Glover three thousand dollars
and to my daughter Mary Neff three thousand dollars
and to my daughter Sarah McDarvin three thousand dollars
and to the heirs of my son Arthur Glover deceased three thous-
and dollars that amount to be divided equally between all
that may be living at my decease of said heirs.
4th If there shall be any surplus after paying the foregoing be-
quests the balance shall be equally divided between my son
Amos Glover and all the heretofore named sons & daughters and
to the heirs of Arthur Glover one seventh share as heretofore
stated.
5th I hereby appoint my son Amos Glover as my Executor to
carry out the provisions of this my last will and testament
and he is hereby authorized to sell and convey any real estate
the same as I could do myself either at public or private
sale as he may think best.
In testimony whereof I hereunto set my hand
and seal this fourth day of March .A.D. 1883.
Eliza T. Glover. {Seal}
Signed and acknowledged by Eliza T. Glover the testator in our
presence and signed by us in her presence and at her request.
John Cunningham
H.M. Perkins.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 119)
Description
[page 119]
[corresponds to page 53 of Delaware County Will Records Vol. 8 1887-1890]
53
David A. Stark's Will.
Journal Entry.
June 29" 1887
In the Matter of the Will | In the Probate Court of
of David A. Stark, Deceased. | Delaware County ,Ohio.
This day, an instrument of writing, purporting to be the
last Will and Testament of David A. Stark, late of
Delaware City, in this County, deceased, was pro-
duced in open Court for Probate, On consideration
whereof, it is ordered that the said Will be filed in
the Court. And thereupon came Maggie R. Stark
widow and only heir at law of said David A Stark,
deceased, and entered her appearance herein and consent-
ed to the probate of said Will. And afterwards ,to-wit,
came F.M. Marriott and Charles W. Knight the sub-
scribing witnesses to said Will, who being duly sworn
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them re-
spectively subscribed, and filed with said Will, where-
upon the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said David A.
Stark, deceased. That the same was duly executed and
attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this
Court. And it appearing that Maggie R. Stark, his widow, is the only heir under
said Will, and that there are no debts against said Estate, the appointment of an
Executor under said Will is deferred.
Rufus Carpenter
Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County
Personally appeared in open Court
Charles W. Knight and F. M. Marriott the subscribing
witnesses to the last Will and Testament of David A.
Stark, late of Delaware Township in said Delaware
County, deceased, who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will
depose and say: That the paper before them bearing date
the 7" day of October .A.D. 1886, purporting to be the
last Will and Testament of David A. Stark now deceased,
is the Will of said deceased, David A. Stark, that
[corresponds to page 53 of Delaware County Will Records Vol. 8 1887-1890]
53
David A. Stark's Will.
Journal Entry.
June 29" 1887
In the Matter of the Will | In the Probate Court of
of David A. Stark, Deceased. | Delaware County ,Ohio.
This day, an instrument of writing, purporting to be the
last Will and Testament of David A. Stark, late of
Delaware City, in this County, deceased, was pro-
duced in open Court for Probate, On consideration
whereof, it is ordered that the said Will be filed in
the Court. And thereupon came Maggie R. Stark
widow and only heir at law of said David A Stark,
deceased, and entered her appearance herein and consent-
ed to the probate of said Will. And afterwards ,to-wit,
came F.M. Marriott and Charles W. Knight the sub-
scribing witnesses to said Will, who being duly sworn
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them re-
spectively subscribed, and filed with said Will, where-
upon the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said David A.
Stark, deceased. That the same was duly executed and
attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this
Court. And it appearing that Maggie R. Stark, his widow, is the only heir under
said Will, and that there are no debts against said Estate, the appointment of an
Executor under said Will is deferred.
Rufus Carpenter
Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County
Personally appeared in open Court
Charles W. Knight and F. M. Marriott the subscribing
witnesses to the last Will and Testament of David A.
Stark, late of Delaware Township in said Delaware
County, deceased, who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will
depose and say: That the paper before them bearing date
the 7" day of October .A.D. 1886, purporting to be the
last Will and Testament of David A. Stark now deceased,
is the Will of said deceased, David A. Stark, that
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 120)
Description
[page 120]
[corresponds to page 54 of Delaware County Will Records Vol. 8 1887-1890]
54
David A. Stark's Will.
they were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that
they saw the said David A. Stark deceased sign and
seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said
David A. Stark at the time of making, signing and
sealing said Will, was of full age, of sound mind and mem-
ory, and not under any restraint.
F.M. Marriott
Charles W. Knight
Sworn to and subscribed by said witnesses, in open Court,
this 29" day of June. A. D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Copy of Will.
Last Will and Testament of David A. Stark of
Delaware Ohio.
I, David A. Stark of Delaware Ohio of sound and dis-
posing mind, wishing while yet in full life to make
disposition of my property do on this 7th day of October
at Delaware Ohio make and publish this my last Will
and Testament.
That is to say I give devise and bequeath all my estate
of every kind and description whether of Real or person-
al property of which I may die seized to my beloved
wife Maggie R. Stark to be hers and her heirs forever,
making only the reservation that all my debts and
funeral expenses be paid.
I hereby nominate, constitute and appoint my said wife
Maggie R Stark Executrix of this my last Will.
and I request and direct that she be not required to give
bond as such Executrix.
In testimony whereof I have hereunto set
my hand and seal this 7" day of October, 1886.
David A. Stark { }
Signed sealed and acknowledged by the said David A.
Stark as his Last Will and Testament in our presence
and at his request by us signed as witnesses in his
presence and in the presence of each other this 7" day
of October. 1886.
Charles W. Knight
F.M. Marriott.
[corresponds to page 54 of Delaware County Will Records Vol. 8 1887-1890]
54
David A. Stark's Will.
they were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that
they saw the said David A. Stark deceased sign and
seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said
David A. Stark at the time of making, signing and
sealing said Will, was of full age, of sound mind and mem-
ory, and not under any restraint.
F.M. Marriott
Charles W. Knight
Sworn to and subscribed by said witnesses, in open Court,
this 29" day of June. A. D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Copy of Will.
Last Will and Testament of David A. Stark of
Delaware Ohio.
I, David A. Stark of Delaware Ohio of sound and dis-
posing mind, wishing while yet in full life to make
disposition of my property do on this 7th day of October
at Delaware Ohio make and publish this my last Will
and Testament.
That is to say I give devise and bequeath all my estate
of every kind and description whether of Real or person-
al property of which I may die seized to my beloved
wife Maggie R. Stark to be hers and her heirs forever,
making only the reservation that all my debts and
funeral expenses be paid.
I hereby nominate, constitute and appoint my said wife
Maggie R Stark Executrix of this my last Will.
and I request and direct that she be not required to give
bond as such Executrix.
In testimony whereof I have hereunto set
my hand and seal this 7" day of October, 1886.
David A. Stark { }
Signed sealed and acknowledged by the said David A.
Stark as his Last Will and Testament in our presence
and at his request by us signed as witnesses in his
presence and in the presence of each other this 7" day
of October. 1886.
Charles W. Knight
F.M. Marriott.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 121)
Description
[page 121]
[corresponds to page 55 of Delaware County Will Records Vol. 8 1887-1890]
55
Louisa Cockrell's Will.
Journal Entry.
July 12" 1887.
In the Matter of the Will of | In the Probate Court of
Louisa Cockrell. Deceased. | Delaware County. Ohio
This day, an instrument of writing, purporting to be the
last Will and Testament of Louisa Cockrell, late of Ge-
noa Township, in this County, deceased, was produced
in open Court for Probate; On consideration whereof, it
is ordered that the said Will be filed in this Court,
and that due notice thereof, and of the application to admit
the same to probate and record be given to James M.
Cockrell husband of decedent, William H. Deremer - John
L. Deremer - Andrew B. Deremer - Ann M Deremer -
Simon W. Deremer - George B. A. Deremer - Emily J
Smothers and Charles G. Deremer, heirs and next of kin
of the Testatrix, resident of the State of Ohio, that said
application will be for hearing before this Court on
the 19th day of July A.D. 1887. at 2 o'clock P.M.
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and Tes-
tament of Louisa Cockrell, deceased.
To James M. Cockrell.
William H. Deremer - John L. Deremer - Andrew B.
Deremer - Ann M. Deremer - Simon W. Deremer -
George B. A. Deremer - Emily J. Smothers and Charles
G. Deremer:
You are hereby notified that on the 12" day of Ju=
ly. A.D. 1887. an instrument of writing, purporting to be
the last Will and Testament of Louisa Cockrell, late of
Genoa Township, in said County, deceased, was produced
in open Court, and an application to admit the same
to probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 19" day of July. A.D. 1887. at 2 o'clock P.M.
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 12" day of July A.D
1887.
{ Seal }
[corresponds to page 55 of Delaware County Will Records Vol. 8 1887-1890]
55
Louisa Cockrell's Will.
Journal Entry.
July 12" 1887.
In the Matter of the Will of | In the Probate Court of
Louisa Cockrell. Deceased. | Delaware County. Ohio
This day, an instrument of writing, purporting to be the
last Will and Testament of Louisa Cockrell, late of Ge-
noa Township, in this County, deceased, was produced
in open Court for Probate; On consideration whereof, it
is ordered that the said Will be filed in this Court,
and that due notice thereof, and of the application to admit
the same to probate and record be given to James M.
Cockrell husband of decedent, William H. Deremer - John
L. Deremer - Andrew B. Deremer - Ann M Deremer -
Simon W. Deremer - George B. A. Deremer - Emily J
Smothers and Charles G. Deremer, heirs and next of kin
of the Testatrix, resident of the State of Ohio, that said
application will be for hearing before this Court on
the 19th day of July A.D. 1887. at 2 o'clock P.M.
Rufus Carpenter
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and Tes-
tament of Louisa Cockrell, deceased.
To James M. Cockrell.
William H. Deremer - John L. Deremer - Andrew B.
Deremer - Ann M. Deremer - Simon W. Deremer -
George B. A. Deremer - Emily J. Smothers and Charles
G. Deremer:
You are hereby notified that on the 12" day of Ju=
ly. A.D. 1887. an instrument of writing, purporting to be
the last Will and Testament of Louisa Cockrell, late of
Genoa Township, in said County, deceased, was produced
in open Court, and an application to admit the same
to probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 19" day of July. A.D. 1887. at 2 o'clock P.M.
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 12" day of July A.D
1887.
{ Seal }
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 122)
Description
[page 122]
[corresponds to page 56 of Delaware County Will Records Vol. 8 1887-1890]
56
Louisa Cockrell's Will
Return.
The State of Ohio } ss
Delaware County }
John Adams being duly sworn, says
that on the 14" day of July. A.D. 1887. he served the with=
-in notice by delivering a true copy thereof to the within
named James M Cockrell , William Dermer. John
Dermer - July 16' 1887. Anna Dermer - Simon W. Der.
=mer _ George B. Dermer- Emily J. Smothers - Charles B.
Dermer and Andrew B. Dermer.
John Adams.
Subscribed in my presence and sworn ' to before me this
19th day of July 1887.
Rufus Carpenter
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
John Adams and John Loar the subscribing witnesses
to the last Will and Testament of Louisa Cockrell late
of Genoa Township in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth; in relation to
the execution of said Will. depose and say: That the pa=
=per before them bearing date the 4th day of February A.D.
1887, purporting to be the last Will and Testament of Lou=
=isa Cockrell now deceased, is the Will of said deceased,
Louisa Cockrell, that they were present at the exec=
=tion of said Will, and at the request of the Testatrix,
respectively subscribed their names to the same as wit=
=nesses, in her presence; that they saw the said Louisa
Cockrell deceased, sign and seal said Will, and heard her
acknowledge the same to be her last Will and Testament,
and that the said Louisa Cockrell at the time of
signing and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
John Adams
John Loar.
Sworn to and subscribed by said witnesses, in open Court,
this 19" day of July. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
[corresponds to page 56 of Delaware County Will Records Vol. 8 1887-1890]
56
Louisa Cockrell's Will
Return.
The State of Ohio } ss
Delaware County }
John Adams being duly sworn, says
that on the 14" day of July. A.D. 1887. he served the with=
-in notice by delivering a true copy thereof to the within
named James M Cockrell , William Dermer. John
Dermer - July 16' 1887. Anna Dermer - Simon W. Der.
=mer _ George B. Dermer- Emily J. Smothers - Charles B.
Dermer and Andrew B. Dermer.
John Adams.
Subscribed in my presence and sworn ' to before me this
19th day of July 1887.
Rufus Carpenter
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
John Adams and John Loar the subscribing witnesses
to the last Will and Testament of Louisa Cockrell late
of Genoa Township in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth; in relation to
the execution of said Will. depose and say: That the pa=
=per before them bearing date the 4th day of February A.D.
1887, purporting to be the last Will and Testament of Lou=
=isa Cockrell now deceased, is the Will of said deceased,
Louisa Cockrell, that they were present at the exec=
=tion of said Will, and at the request of the Testatrix,
respectively subscribed their names to the same as wit=
=nesses, in her presence; that they saw the said Louisa
Cockrell deceased, sign and seal said Will, and heard her
acknowledge the same to be her last Will and Testament,
and that the said Louisa Cockrell at the time of
signing and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
John Adams
John Loar.
Sworn to and subscribed by said witnesses, in open Court,
this 19" day of July. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 123)
Description
[page 123]
[corresponds to page 57 of Delaware County Will Records Vol. 8 1887-1890]
57
Louisa Cockrell's Will.
Journal Entry
July 19" 1887.
In the Matter of the Will of }
Louisa Cockrell. Deceased. }
Be it remembered, that here-
tofore, to-wit: on the 12" day of July A.D. 1887, an
instrument of writing, purporting to be the last Will and
Testament of Louisa Cockrell, late of Genoa Township
in this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given
to James M. Cockrell her widower, and William H. Dere-
mer - John L Deremer- Andrew B. Deremer- Ann M.
Deremer- Simon W. Deremer- George B.A. Deremer -
Emily J. Smothers and Charles G. Deremer heirs and next
of kin of the Testatrix, resident of the State of Ohio, pur-
=suant to a former order of this Court; therefore on this
day came John Adams. and John Loar the subscribing
witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will. Which
testimony was reduced to writing , by them respectively sub-
scribed and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the
last Will and Testament of said Louisa Cockrell, deceased.
That the same was duly executed and attested; and that the
said Testatrix at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witness=
=es above name, as well as the proceedings had thereon, be
entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All
Item 1st I give and devise to my daughter Ann M. Bureau
fall leaf table, Stand and Large arm. rocking chair, 25
yards carpet striped with red. best bed including the
sheets, blankets and quilts, pillows necessary to complete
a bed, two coverlets, one green & red. one blue & white
one quilt called the Irish chain. one white wool blanket
red stripe on the ends also two pictures for the walls.
[corresponds to page 57 of Delaware County Will Records Vol. 8 1887-1890]
57
Louisa Cockrell's Will.
Journal Entry
July 19" 1887.
In the Matter of the Will of }
Louisa Cockrell. Deceased. }
Be it remembered, that here-
tofore, to-wit: on the 12" day of July A.D. 1887, an
instrument of writing, purporting to be the last Will and
Testament of Louisa Cockrell, late of Genoa Township
in this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given
to James M. Cockrell her widower, and William H. Dere-
mer - John L Deremer- Andrew B. Deremer- Ann M.
Deremer- Simon W. Deremer- George B.A. Deremer -
Emily J. Smothers and Charles G. Deremer heirs and next
of kin of the Testatrix, resident of the State of Ohio, pur-
=suant to a former order of this Court; therefore on this
day came John Adams. and John Loar the subscribing
witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will. Which
testimony was reduced to writing , by them respectively sub-
scribed and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the
last Will and Testament of said Louisa Cockrell, deceased.
That the same was duly executed and attested; and that the
said Testatrix at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witness=
=es above name, as well as the proceedings had thereon, be
entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All
Item 1st I give and devise to my daughter Ann M. Bureau
fall leaf table, Stand and Large arm. rocking chair, 25
yards carpet striped with red. best bed including the
sheets, blankets and quilts, pillows necessary to complete
a bed, two coverlets, one green & red. one blue & white
one quilt called the Irish chain. one white wool blanket
red stripe on the ends also two pictures for the walls.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 124)
Description
[page 124]
[corresponds to page 58 of Delaware County Will Records Vol. 8 1887-1890]
58
Louisa Cockrell's Will.
Item 2d I give and devise to Simon Wesley, one quilt star quilt
one dark comforter also two picture for the wall.
Item 3d I give and devise to Emma J. Smothers, one cook stove
and all cooking utensils belonging with it, one carpet the
old one.
Item 4th I give and devise to George A. one set chairs wooden bot=
=tom, one cain bottom rocking chair, one feather bed &
two pillows, one comforter dark calico (2 quilts) one star
quilt one Washington march, and two pictures for the wall.
Item 5th I give and devise to Charles G. one bed complete with dark
bedstead the same one he bought. (two quilts) one
star quilt & one sugar leaf. one comforter dark calico,
one safe, one clock, also two pictures for the wall,
Item 6th I give and devise to William H. (one quilt) star quilt joined
with pink.
Item 7th I give and devise to John L. (one quilt) call the dou-
ble X.
Item 8th I give and devise to Andrew B. one quilt, called the
sugar bowl.
Item 9th I give and devise to my children equal all of my effects
not mentioned in this writing also what Pork there is left.
Item 10th It is my last will that the house and lot be sold &
divided equal between my children.
In testimony hereof
I have hereunto set my hand and seal this 4th day
of February. 1887.
Louisa Cockrell. {Seal}
Signed and acknowledged by said Louisa Cockrell as
her last Will and Testament and by us in her presence.
Witness John Adams {Seal}
John Loar {Seal}
In testimony whereof I have hereunto subscribed my
name officially this 4th day of February. 1887.
James Cockrell
Justice of the Peace
[corresponds to page 58 of Delaware County Will Records Vol. 8 1887-1890]
58
Louisa Cockrell's Will.
Item 2d I give and devise to Simon Wesley, one quilt star quilt
one dark comforter also two picture for the wall.
Item 3d I give and devise to Emma J. Smothers, one cook stove
and all cooking utensils belonging with it, one carpet the
old one.
Item 4th I give and devise to George A. one set chairs wooden bot=
=tom, one cain bottom rocking chair, one feather bed &
two pillows, one comforter dark calico (2 quilts) one star
quilt one Washington march, and two pictures for the wall.
Item 5th I give and devise to Charles G. one bed complete with dark
bedstead the same one he bought. (two quilts) one
star quilt & one sugar leaf. one comforter dark calico,
one safe, one clock, also two pictures for the wall,
Item 6th I give and devise to William H. (one quilt) star quilt joined
with pink.
Item 7th I give and devise to John L. (one quilt) call the dou-
ble X.
Item 8th I give and devise to Andrew B. one quilt, called the
sugar bowl.
Item 9th I give and devise to my children equal all of my effects
not mentioned in this writing also what Pork there is left.
Item 10th It is my last will that the house and lot be sold &
divided equal between my children.
In testimony hereof
I have hereunto set my hand and seal this 4th day
of February. 1887.
Louisa Cockrell. {Seal}
Signed and acknowledged by said Louisa Cockrell as
her last Will and Testament and by us in her presence.
Witness John Adams {Seal}
John Loar {Seal}
In testimony whereof I have hereunto subscribed my
name officially this 4th day of February. 1887.
James Cockrell
Justice of the Peace
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 125)
Description
[page 125]
[corresponds to page 59 of Delaware County Will Records Vol. 8 1887-1890]
59
Robert Alfred Whyte's Will.
Journal Entry.
June 21" 1887.
In the Matter of the Will of }
Robert Alfred Whyte. decd }
An authenticated copy of
the last will and testament of Robert A. Whyte, late
of Hamilton Co. O., deceased, and of the order of probate
of the same, in said County, were this day presented to
this Court for record. Whereupon the court, finding
that certain real estate devised by said Will is situ=
=ated in this county, hereby admits said copies to record,
as provided by law in such cases.
Rufus Carpenter
Probate Judge
Copy.
State of Ohio } ss
Hamilton County}
Whereas, Robert A. Whyte late of
the County of Hamilton and State of Ohio, died, leav=
=ing a last Will and Testament (a true copy whereof is
hereto attached) which said Will has been duly prov=
=en and admitted to record by our Probate Court with=
in and for the County aforesaid, on the 8th day of Jany.
A.D. 1883.
Know Ye Therefore, That the said
Probate Court has granted unto Martha E Whyte
the Executrix in said Will named, Letters Testa=
=mentary thereon: hereby granting to said Executrix
all and singular, the power necessary and by law required,
to enable her to take an inventory of, collect, sue for,
and recover, all and singular, the goods, chattels, and cred-
=its of the said deceased; and out of the same, or such
part thereof as shall come to her hands, the debts of
the said deceased, and the legacies in said Will named,
to pay and discharge according to law, and to the Will
of said Testator, and the same fully to administer in
all things as required by law.
And the Court has appointed _______
______ ______ ______ ___=___ ____ to appraise, on oath or affirma:
tion, all and singular, the goods, chattels and credits of the
said deceased.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of the said Probate Court, at Cincinnati,
the 8th day of Jan'y in the year of our Lord one thousand
eight hundred and eighty three.
{Seal} Isaac B. Matson Probate Judge.
[corresponds to page 59 of Delaware County Will Records Vol. 8 1887-1890]
59
Robert Alfred Whyte's Will.
Journal Entry.
June 21" 1887.
In the Matter of the Will of }
Robert Alfred Whyte. decd }
An authenticated copy of
the last will and testament of Robert A. Whyte, late
of Hamilton Co. O., deceased, and of the order of probate
of the same, in said County, were this day presented to
this Court for record. Whereupon the court, finding
that certain real estate devised by said Will is situ=
=ated in this county, hereby admits said copies to record,
as provided by law in such cases.
Rufus Carpenter
Probate Judge
Copy.
State of Ohio } ss
Hamilton County}
Whereas, Robert A. Whyte late of
the County of Hamilton and State of Ohio, died, leav=
=ing a last Will and Testament (a true copy whereof is
hereto attached) which said Will has been duly prov=
=en and admitted to record by our Probate Court with=
in and for the County aforesaid, on the 8th day of Jany.
A.D. 1883.
Know Ye Therefore, That the said
Probate Court has granted unto Martha E Whyte
the Executrix in said Will named, Letters Testa=
=mentary thereon: hereby granting to said Executrix
all and singular, the power necessary and by law required,
to enable her to take an inventory of, collect, sue for,
and recover, all and singular, the goods, chattels, and cred-
=its of the said deceased; and out of the same, or such
part thereof as shall come to her hands, the debts of
the said deceased, and the legacies in said Will named,
to pay and discharge according to law, and to the Will
of said Testator, and the same fully to administer in
all things as required by law.
And the Court has appointed _______
______ ______ ______ ___=___ ____ to appraise, on oath or affirma:
tion, all and singular, the goods, chattels and credits of the
said deceased.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of the said Probate Court, at Cincinnati,
the 8th day of Jan'y in the year of our Lord one thousand
eight hundred and eighty three.
{Seal} Isaac B. Matson Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 126)
Description
[page 126]
[corresponds to page 60 of Delaware County Will Records Vol. 8 1887-1890]
60
Robert Alfred Whyte's Will.
Cincinnati Hamilton Co., Ohio.
October the 28th 1882.
In the Name of God Amen, Know all men, by
these Presents, that I Robert Alfred Whyte be=
=ing of sound mind and memory do make and publish
this as my last Will and Testament.
1st that all my just
debts, and funeral Expenses be paid,
2d. I give and Bequeath to my beloved Martha E.
Whyte, all my Real and Personal Estate, and Prop=
=erty.
3rd, I nominate and appoint my wife Martha E. Whyte
Executrix of my will and I desire that no Bond or
Security be required of her.
as witness my hand this
28th day of October 1882.
Robt. A. Whyte
Witnesses Signed by him in our Presence and by us
in his Presence and in Presence of each other.
R.F. Fossett
Chr Mund.
October the 28th 1882.
[corresponds to page 60 of Delaware County Will Records Vol. 8 1887-1890]
60
Robert Alfred Whyte's Will.
Cincinnati Hamilton Co., Ohio.
October the 28th 1882.
In the Name of God Amen, Know all men, by
these Presents, that I Robert Alfred Whyte be=
=ing of sound mind and memory do make and publish
this as my last Will and Testament.
1st that all my just
debts, and funeral Expenses be paid,
2d. I give and Bequeath to my beloved Martha E.
Whyte, all my Real and Personal Estate, and Prop=
=erty.
3rd, I nominate and appoint my wife Martha E. Whyte
Executrix of my will and I desire that no Bond or
Security be required of her.
as witness my hand this
28th day of October 1882.
Robt. A. Whyte
Witnesses Signed by him in our Presence and by us
in his Presence and in Presence of each other.
R.F. Fossett
Chr Mund.
October the 28th 1882.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 127)
Description
[page 127]
[corresponds to page 61 of Delaware County Will Records Vol. 8 1887-1890]
61
William Smith's Will.
Journal Entry.
August 6" 1887
In the Matter of the Will } In the Probate Court of
of William Smith, Deceased } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of William Smith,
late of Thompson Township, in this County, deceased,
was produced in open Court for Probate; On consideration
whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof, and
of the application to admit the same to probate and
record, be given to Lucinda Smith, his widow, and
Jane M. Fausnaught and Artemecia Knackle, next
of kin of the testator, resident of the State of Ohio.,
that said application will be for hearing before this
Court on the 11th day of August A.D. 1887. at 10
o'clock A.M.
Rufus carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County, ss }
In the matter of the last Will and
Testament of William Smith, deceased.
To Lucinda Smith
Jane M. Fausnaught and Artemecia Knackle:
You are hereby
notified that on the 6" day of August A.D. 1887, an
instrument of writing, purporting to be the last Will
and Testament of William Smith, late of Thompson
Township, in said County, deceased, was produced in
open Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before this
Court on the 11" day of August. A.D. 1887. at 10
o'clock A.M.
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 6" day of August
A.D. 1887
{Seal}
[corresponds to page 61 of Delaware County Will Records Vol. 8 1887-1890]
61
William Smith's Will.
Journal Entry.
August 6" 1887
In the Matter of the Will } In the Probate Court of
of William Smith, Deceased } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of William Smith,
late of Thompson Township, in this County, deceased,
was produced in open Court for Probate; On consideration
whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof, and
of the application to admit the same to probate and
record, be given to Lucinda Smith, his widow, and
Jane M. Fausnaught and Artemecia Knackle, next
of kin of the testator, resident of the State of Ohio.,
that said application will be for hearing before this
Court on the 11th day of August A.D. 1887. at 10
o'clock A.M.
Rufus carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County, ss }
In the matter of the last Will and
Testament of William Smith, deceased.
To Lucinda Smith
Jane M. Fausnaught and Artemecia Knackle:
You are hereby
notified that on the 6" day of August A.D. 1887, an
instrument of writing, purporting to be the last Will
and Testament of William Smith, late of Thompson
Township, in said County, deceased, was produced in
open Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before this
Court on the 11" day of August. A.D. 1887. at 10
o'clock A.M.
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 6" day of August
A.D. 1887
{Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 128)
Description
[page 128]
[corresponds to page 62 of Delaware County Will Records Vol. 8 1887-1890]
62
William Smith's Will.
Return.
The State of Ohio } ss.
Delaware County } Eli Sloop being duly sworn,
says that on the 6" day of Au=
gust. A.D. 1887. he served the within notice by de=
=livering a true copy thereof to the within named
Lucinda Smith, Jane M. Fausnaught & Arti=
=mecia Knackle.
Eli Sloop.
Subscribed in my presence and sworn to before me,
this 11th day of Aug. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open
Court Eli Sloop & Martha J. Sloop. the sub-
=scribing witnesses to the last Will and Testament of
William Smith, late of Thompson Township in
said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the
whole truth and nothing but the truth, in rela=
tion to the execution of said Will, depose and say:
That the paper before them bearing date the 27"
day of November. A.D. 1885. purporting to be the last
Will and Testament of William Smith now de=
=ceased, is the Will of said deceased William Smith
that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his pres=
=ence; that they saw the said William Smith
deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and
Testament, and that the said William Smith at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint.
Eli Sloop.
Martha I Sloop.
[corresponds to page 62 of Delaware County Will Records Vol. 8 1887-1890]
62
William Smith's Will.
Return.
The State of Ohio } ss.
Delaware County } Eli Sloop being duly sworn,
says that on the 6" day of Au=
gust. A.D. 1887. he served the within notice by de=
=livering a true copy thereof to the within named
Lucinda Smith, Jane M. Fausnaught & Arti=
=mecia Knackle.
Eli Sloop.
Subscribed in my presence and sworn to before me,
this 11th day of Aug. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County }
Personally appeared in open
Court Eli Sloop & Martha J. Sloop. the sub-
=scribing witnesses to the last Will and Testament of
William Smith, late of Thompson Township in
said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the
whole truth and nothing but the truth, in rela=
tion to the execution of said Will, depose and say:
That the paper before them bearing date the 27"
day of November. A.D. 1885. purporting to be the last
Will and Testament of William Smith now de=
=ceased, is the Will of said deceased William Smith
that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his pres=
=ence; that they saw the said William Smith
deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and
Testament, and that the said William Smith at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint.
Eli Sloop.
Martha I Sloop.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 129)
Description
[page 129]
[corresponds to page 63 of Delaware County Will Records Vol. 8 1887-1890]
63
William Smith's Will
Sworn to and subscribed by said witnesses, in open
Court, this 11th day of August. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
Aug. 11" 1887.
In the Matter of the Will of }
William Smith, Deceased. } Be it remembered, that
heretofore, to-wit: on the 6"
day of August. A.D. 1887. an instrument of writing
purporting to be the last Will and Testament of Wil=
=liam Smith, late of Thompson Township, in this
County, deceased, was produced in open Court for pro=
=bate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of
the filing of said Will, and of the application to admit
the same to probate and record in this Court, has
been given to Lucinda Smith his widow, and Jane
M Fausnaught and Artimecia Knackle next of kin
of the Testator, resident of the State of Ohio, pur=
=suant to a former order of this Court; therefore, on
this day came Eli Sloop and Martha J. Sloop
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attesta=
=tion of said Will. Which testimony was reduced
to writing, by them respectively subscribed, and filed
with said Will. Whereupon the Court finds that:
the aforesaid instrument of writing is the last Will and
Testament of said William Smith, deceased. That
the same was duly executed and attested; and that the
said Testator, at the time of making, signing and seal=
=ing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admit=
=ted to probate, and that the same, together with the
testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in
this Court.
Rufus Carpenter
Probate Judge
[corresponds to page 63 of Delaware County Will Records Vol. 8 1887-1890]
63
William Smith's Will
Sworn to and subscribed by said witnesses, in open
Court, this 11th day of August. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
Aug. 11" 1887.
In the Matter of the Will of }
William Smith, Deceased. } Be it remembered, that
heretofore, to-wit: on the 6"
day of August. A.D. 1887. an instrument of writing
purporting to be the last Will and Testament of Wil=
=liam Smith, late of Thompson Township, in this
County, deceased, was produced in open Court for pro=
=bate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of
the filing of said Will, and of the application to admit
the same to probate and record in this Court, has
been given to Lucinda Smith his widow, and Jane
M Fausnaught and Artimecia Knackle next of kin
of the Testator, resident of the State of Ohio, pur=
=suant to a former order of this Court; therefore, on
this day came Eli Sloop and Martha J. Sloop
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attesta=
=tion of said Will. Which testimony was reduced
to writing, by them respectively subscribed, and filed
with said Will. Whereupon the Court finds that:
the aforesaid instrument of writing is the last Will and
Testament of said William Smith, deceased. That
the same was duly executed and attested; and that the
said Testator, at the time of making, signing and seal=
=ing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admit=
=ted to probate, and that the same, together with the
testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in
this Court.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 130)
Description
[page 130]
[corresponds to page 64 of Delaware County Will Records Vol. 8 1887-1890]
64
William Smith's Will.
Copy of Will.
In the name of the Benevolent Father of All, I,
William Smith of Thompson Township, Delaware
County and State of Ohio, do make and publish
this my last Will and Testament.
1st After my funeral expenses are paid I will and di=
=rect that Lucinda Smith my wife shall have
all of my property both real and personal if she
shall survive me for her own use and benefit as long
as she may live.
2d After Lucinda Smith my wife is deceased I di-
rect that Artimecia Knachel my daughter & Sam=
=uel Knachel her husband shall have and hold for
their own use and benefit as long as they may live -
all of my real estate in said Township and Coun=
=ty, except six acres on the north end of (23) Twen=
ty three acres of Land that I bought of James Al=
=exander. On the following trusts that is they shall
pay to Jane Mary Fausnaught ($600.00) Six hundred
dollars inside of six years after my death and after the
death of Lucinda Smith and they shall keep the
taxes paid up on all of the Land in their possession.
And the (6) six acres above mentioned or excepted
give to Jane Mary Fausnaught my daughter without
conditions.
3d After Artimecia Knackel and Samuel Knackel
shall be deceased then my real estate shall be sold and
the proceeds be divided between Artimecia Knackels heirs.
4th. If there shall be any personal property or money of
notes left after my death and Lucinda Smith's death
the perishable property shall be sold and the whole of my
personal property shall be divided equally between my
daughter Jane Mary Fausnaught's heirs.
5th. I will that Lucinda Smith my wife be administra=
=tor without giving bonds or without making Inven=
=tory or Appraisement.
William Smith {Seal}
The above was signed in the presence of us witness-
=es this 27" day of November. A.D. 1885.
Witnesses. { Martha J. Sloop
{ Eli Sloop
[corresponds to page 64 of Delaware County Will Records Vol. 8 1887-1890]
64
William Smith's Will.
Copy of Will.
In the name of the Benevolent Father of All, I,
William Smith of Thompson Township, Delaware
County and State of Ohio, do make and publish
this my last Will and Testament.
1st After my funeral expenses are paid I will and di=
=rect that Lucinda Smith my wife shall have
all of my property both real and personal if she
shall survive me for her own use and benefit as long
as she may live.
2d After Lucinda Smith my wife is deceased I di-
rect that Artimecia Knachel my daughter & Sam=
=uel Knachel her husband shall have and hold for
their own use and benefit as long as they may live -
all of my real estate in said Township and Coun=
=ty, except six acres on the north end of (23) Twen=
ty three acres of Land that I bought of James Al=
=exander. On the following trusts that is they shall
pay to Jane Mary Fausnaught ($600.00) Six hundred
dollars inside of six years after my death and after the
death of Lucinda Smith and they shall keep the
taxes paid up on all of the Land in their possession.
And the (6) six acres above mentioned or excepted
give to Jane Mary Fausnaught my daughter without
conditions.
3d After Artimecia Knackel and Samuel Knackel
shall be deceased then my real estate shall be sold and
the proceeds be divided between Artimecia Knackels heirs.
4th. If there shall be any personal property or money of
notes left after my death and Lucinda Smith's death
the perishable property shall be sold and the whole of my
personal property shall be divided equally between my
daughter Jane Mary Fausnaught's heirs.
5th. I will that Lucinda Smith my wife be administra=
=tor without giving bonds or without making Inven=
=tory or Appraisement.
William Smith {Seal}
The above was signed in the presence of us witness-
=es this 27" day of November. A.D. 1885.
Witnesses. { Martha J. Sloop
{ Eli Sloop
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 131)
Description
[page 131]
[corresponds to page 65 of Delaware County Will Records Vol. 8 1887-1890]
65
Thadeus O. Seely's Will.
Journal Entry.
August 15" 1887.
In the Matter of the Will } In the Probate Court of
of Thadeus O. Seely. Deed } Delaware County. Ohio.
This day, an instrument of writing, purporting to be the
last Will and Testament of Thadeus O. Seely, late
of Concord Township, in this County, deceased, was
produced in open Court for Probate; On Considera=
=tion Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the
application to admit the same to probate and record,
be given to Mary E. Thomas - Sue Thompson - An -
=tinett Seely and William B. Seely heirs and next of
kin of the Testator, resident of the State of Ohio,
that said application will be for hearing before this
Court on the 23d day of August. A.D. 1887 at 10 o'clock.
Rufus Carpenter
Probate Judge
Journal Entry.
Aug 23d 1887.
In the Matter of the Will }
Thadeus O. Seely. Decd } All the heirs not having yet been
served with Notice this cause
is continued until Tuesday. the 30" day of August. A.D.
1887 at 10 o'clock A.M.
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and Tes=
=tament of Thadeus Seely. deceased.
To Mary E. Thomas, Sue
Thompson - Antinett Seely - William T. Seely & H.B.
Seely.
You are hereby notified that on the 15th day of August
A.D. 1887. an instrument of writing, purporting to be the
last Will and Testament of Thadeus Seely late of Con=
=cord Township, in said County, deceased, was produced
in open Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 23rd day of August. A.D. 1887. at 10 o'clock.
[corresponds to page 65 of Delaware County Will Records Vol. 8 1887-1890]
65
Thadeus O. Seely's Will.
Journal Entry.
August 15" 1887.
In the Matter of the Will } In the Probate Court of
of Thadeus O. Seely. Deed } Delaware County. Ohio.
This day, an instrument of writing, purporting to be the
last Will and Testament of Thadeus O. Seely, late
of Concord Township, in this County, deceased, was
produced in open Court for Probate; On Considera=
=tion Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the
application to admit the same to probate and record,
be given to Mary E. Thomas - Sue Thompson - An -
=tinett Seely and William B. Seely heirs and next of
kin of the Testator, resident of the State of Ohio,
that said application will be for hearing before this
Court on the 23d day of August. A.D. 1887 at 10 o'clock.
Rufus Carpenter
Probate Judge
Journal Entry.
Aug 23d 1887.
In the Matter of the Will }
Thadeus O. Seely. Decd } All the heirs not having yet been
served with Notice this cause
is continued until Tuesday. the 30" day of August. A.D.
1887 at 10 o'clock A.M.
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and Tes=
=tament of Thadeus Seely. deceased.
To Mary E. Thomas, Sue
Thompson - Antinett Seely - William T. Seely & H.B.
Seely.
You are hereby notified that on the 15th day of August
A.D. 1887. an instrument of writing, purporting to be the
last Will and Testament of Thadeus Seely late of Con=
=cord Township, in said County, deceased, was produced
in open Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 23rd day of August. A.D. 1887. at 10 o'clock.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 132)
Description
[page 132]
[corresponds to page 66 of Delaware County Will Records Vol. 8 1887-1890]
66
Thadeus O. Seely's Will.
A.M.
Rufus Carpenter, Probate Judge.
Dated at Delaware Ohio, this 13th day of August. A.
D. 1887.
Return.
The State of Ohio } ss
Delaware County } H.B. Seely being duly sworn, says
that on the 17" & 26" days of Aug=
=ust. A.D. 1887. he served the within notice by delivering
a true copy thereof to the within named Mary E. Thom:
=as - Sue Thompson - Antinette Seely and William T.
Seely.
H.B. Seely.
Subscribed in my presence and sworn to before me this
30' day of Aug. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio }ss In Probate Court.
Delaware County. }
Personally appeared in open Court
Leroy A. Glick and M.E. Wollam the subscribing wit=
nessess to the last Will and Testament of Thadeus O.
Seely late of Concord Township in said Delaware
County. deceased; who being duly sworn according to law,
to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and
say: That the paper before them bearing date the 12th
day of July. A.D. 1886. purporting to be the last Will
and Testament of Thadeus O. Seely, that they
were present at the execution of said Will, and at the re=
=quest of the Testator, respectively subscribed their names
to the same as witnesses, in his presence, that they saw
the said Thadeus O. Seely, deceased, sign and seal said
Will, and heard him acknowledged the same to be his
last Will and Testament, and that the said Thadeus O
Seely at the time of making, signing and sealing said Will
was of full age, of sound mind and memory, and not under
any restraint.
Leroy A. Glick.
M.E. Wollam.
Sworn to and subscribed by said witnesses, in open Court,
this 30" day of August. A.D. 1887.
{seal} Rufus Carpenter. Probate Judge.
[corresponds to page 66 of Delaware County Will Records Vol. 8 1887-1890]
66
Thadeus O. Seely's Will.
A.M.
Rufus Carpenter, Probate Judge.
Dated at Delaware Ohio, this 13th day of August. A.
D. 1887.
Return.
The State of Ohio } ss
Delaware County } H.B. Seely being duly sworn, says
that on the 17" & 26" days of Aug=
=ust. A.D. 1887. he served the within notice by delivering
a true copy thereof to the within named Mary E. Thom:
=as - Sue Thompson - Antinette Seely and William T.
Seely.
H.B. Seely.
Subscribed in my presence and sworn to before me this
30' day of Aug. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio }ss In Probate Court.
Delaware County. }
Personally appeared in open Court
Leroy A. Glick and M.E. Wollam the subscribing wit=
nessess to the last Will and Testament of Thadeus O.
Seely late of Concord Township in said Delaware
County. deceased; who being duly sworn according to law,
to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and
say: That the paper before them bearing date the 12th
day of July. A.D. 1886. purporting to be the last Will
and Testament of Thadeus O. Seely, that they
were present at the execution of said Will, and at the re=
=quest of the Testator, respectively subscribed their names
to the same as witnesses, in his presence, that they saw
the said Thadeus O. Seely, deceased, sign and seal said
Will, and heard him acknowledged the same to be his
last Will and Testament, and that the said Thadeus O
Seely at the time of making, signing and sealing said Will
was of full age, of sound mind and memory, and not under
any restraint.
Leroy A. Glick.
M.E. Wollam.
Sworn to and subscribed by said witnesses, in open Court,
this 30" day of August. A.D. 1887.
{seal} Rufus Carpenter. Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 133)
Description
[page 133]
[corresponds to page 67 of Delaware County Will Records Vol. 8 1887-1890]
67
Thadeus O. Seely's Will.
Journal Entry.
August 30 1887.
In the matter of the Will of |
Thadeus O. Seely. Deceased | Be it remembered, that
heretofore, to-wit: on the
15" day of August. A.D. 1887 an instrument of writing
purporting to be the last Will and Testament of Thadeus
O. Seely, late of Concord. Township, in this Coun=
=ty, deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the
satisfaction of the Court, that due notice of the fil=
=ing of said Will, and of the application to admit
the same to probate and record in this Court, has been
given to Mary E. Thomas - Sue Thompson - Anti=
=nette Seely and William T. Seely heirs and next
of kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court; therefore on
this day came Leroy A. Glick and M.E. Wollam the
subscribing witnesses to said Will, who being duly sworn
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will.
whereupon the Court finds that the aforesaid instru=
=ment of writing is the last Will and Testament of said
Thadeus O. Seely, deceased. That the same was du=
ly executed and attested, and that the said Testator
at the time of making, signing and sealing said Will
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court,
ordered that the said Will be admitted to probate, and
that the same, together with the testimony of the wit=
nesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All,
I, Thadeus O. Seeley of the Township of Concord,
County of Delaware and State of Ohio do make and
publish this my last will and testament.
Item 1st I give and devise to my son Heric B. Seeley all of
the farm on the west of the pike on which I now
reside. Situated in the above said County, he to
pay my sons Charles Seeley Five Hundred Dol=
[corresponds to page 67 of Delaware County Will Records Vol. 8 1887-1890]
67
Thadeus O. Seely's Will.
Journal Entry.
August 30 1887.
In the matter of the Will of |
Thadeus O. Seely. Deceased | Be it remembered, that
heretofore, to-wit: on the
15" day of August. A.D. 1887 an instrument of writing
purporting to be the last Will and Testament of Thadeus
O. Seely, late of Concord. Township, in this Coun=
=ty, deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the
satisfaction of the Court, that due notice of the fil=
=ing of said Will, and of the application to admit
the same to probate and record in this Court, has been
given to Mary E. Thomas - Sue Thompson - Anti=
=nette Seely and William T. Seely heirs and next
of kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court; therefore on
this day came Leroy A. Glick and M.E. Wollam the
subscribing witnesses to said Will, who being duly sworn
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will.
whereupon the Court finds that the aforesaid instru=
=ment of writing is the last Will and Testament of said
Thadeus O. Seely, deceased. That the same was du=
ly executed and attested, and that the said Testator
at the time of making, signing and sealing said Will
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court,
ordered that the said Will be admitted to probate, and
that the same, together with the testimony of the wit=
nesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All,
I, Thadeus O. Seeley of the Township of Concord,
County of Delaware and State of Ohio do make and
publish this my last will and testament.
Item 1st I give and devise to my son Heric B. Seeley all of
the farm on the west of the pike on which I now
reside. Situated in the above said County, he to
pay my sons Charles Seeley Five Hundred Dol=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 134)
Description
[page 134]
[corresponds to page 68 of Delaware County Will Records Vol. 8 1887-1890]
68
Thadeus O. Seely's Will.
lars ($500.00) to James P. Seeley Five Hundred
Dollars ($500.00) to William T. Seeley Fifteen Hun=
=dred Dollars $1500, to Mary E. Thomas Five Hun=
=dred Dollars ($500.00) to be invested in real estate
for her heirs forever.
Item 2nd. Provided William I would rather have one half of
the aforesaid land then he to pay the one half of
the amount named to Charles, James P. and Mary
E. Thomas.
Item 3rd The Land in the East side of the pike I give and
devise to my daughter Antoinett Seeley she to pay
Susan J Thompson One Thousand Dollars. to the
Heirs of my son Josiah Seeley namely Charles she
is to give one horse valued at One Hundred Dollars -
to Carel also one horse valued at One Hundred to
Nellie One Hundred Dollars ($100.00).
Item 4th I desire that the above named amounts be paid
within five years of my decease with five per cent
interest from the date of m decease.
I desire that no appraisement and no sale of my per=
=sonal property be made and that the court of Probate
direct the omission of the same in pursuance of the
statute.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand
and seal this 12" day of July. in the year 1886.
Thadeus O. Seely. {Seal},
Signed and acknowledged by said Thadeus O. Seeley
as his last will and testament in our presence and sign=
=ed by us in his presence.
Leroy A. Glick
M.E. Wollam.
[corresponds to page 68 of Delaware County Will Records Vol. 8 1887-1890]
68
Thadeus O. Seely's Will.
lars ($500.00) to James P. Seeley Five Hundred
Dollars ($500.00) to William T. Seeley Fifteen Hun=
=dred Dollars $1500, to Mary E. Thomas Five Hun=
=dred Dollars ($500.00) to be invested in real estate
for her heirs forever.
Item 2nd. Provided William I would rather have one half of
the aforesaid land then he to pay the one half of
the amount named to Charles, James P. and Mary
E. Thomas.
Item 3rd The Land in the East side of the pike I give and
devise to my daughter Antoinett Seeley she to pay
Susan J Thompson One Thousand Dollars. to the
Heirs of my son Josiah Seeley namely Charles she
is to give one horse valued at One Hundred Dollars -
to Carel also one horse valued at One Hundred to
Nellie One Hundred Dollars ($100.00).
Item 4th I desire that the above named amounts be paid
within five years of my decease with five per cent
interest from the date of m decease.
I desire that no appraisement and no sale of my per=
=sonal property be made and that the court of Probate
direct the omission of the same in pursuance of the
statute.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand
and seal this 12" day of July. in the year 1886.
Thadeus O. Seely. {Seal},
Signed and acknowledged by said Thadeus O. Seeley
as his last will and testament in our presence and sign=
=ed by us in his presence.
Leroy A. Glick
M.E. Wollam.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 135)
Description
[page 135]
[corresponds to page 69 of Delaware County Will Records Vol. 8 1887-1890]
69
Elnathan R. Craig's Will.
Journal Entry.
August 27" 1887
In the Matter of the Will of | In the Probate Court of
Elnathan R. Craig. Deceased | Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Elnathan R. Craig,
late of Delaware Township, in this County, deceased.
was produced in open Court for Probate; On Con:
sideration whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of
the application to admit the same to probate and rec=
=ord, be given to Sarah Ann Craig his widow and
Francis Schaff heir and next of kin of the Testator,
resident of the State of Ohio, that said application
will be for hearing before this Court on the 31st day of
August. A.D. 1887. at 9 o'clock. A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Elnathan R. Craig. deceased.
To Sarah Ann
Craig & Francis Schaff:
You are hereby notified
that on the 27th day of August. A.D. 1887 an instrument
of writing, purporting to be the last Will and Testament
of Elnathan R. Craig, late of Delaware Township,
in said County, deceased, was produced in open Court,
and an application to admit the same to probate was on
the same day made in said Court. Said application
will be for hearing before this Court on the 31st day
of August. A.D. 1887. at 9 o'clock .A.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 27" day of Aug:
ust. A.D. 1887.
{Seal}
[corresponds to page 69 of Delaware County Will Records Vol. 8 1887-1890]
69
Elnathan R. Craig's Will.
Journal Entry.
August 27" 1887
In the Matter of the Will of | In the Probate Court of
Elnathan R. Craig. Deceased | Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Elnathan R. Craig,
late of Delaware Township, in this County, deceased.
was produced in open Court for Probate; On Con:
sideration whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of
the application to admit the same to probate and rec=
=ord, be given to Sarah Ann Craig his widow and
Francis Schaff heir and next of kin of the Testator,
resident of the State of Ohio, that said application
will be for hearing before this Court on the 31st day of
August. A.D. 1887. at 9 o'clock. A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } ss In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Elnathan R. Craig. deceased.
To Sarah Ann
Craig & Francis Schaff:
You are hereby notified
that on the 27th day of August. A.D. 1887 an instrument
of writing, purporting to be the last Will and Testament
of Elnathan R. Craig, late of Delaware Township,
in said County, deceased, was produced in open Court,
and an application to admit the same to probate was on
the same day made in said Court. Said application
will be for hearing before this Court on the 31st day
of August. A.D. 1887. at 9 o'clock .A.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 27" day of Aug:
ust. A.D. 1887.
{Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 136)
Description
[page 136]
[corresponds to page 70 of Delaware County Will Records Vol. 8 1887-1890]
70
Elnathan R. Craig's Will.
Return.
The State of Ohio } ss
Delaware County }
J.G. Grove, being duly sworn,
says that on the 27" day of August. A.D. 1887. he served
the within notice by delivering a true copy thereof to
the within named Sarah Ann Craig and Fran=
=cis Schaff.
J. G. Grove.
Subscribed in my presence and sworn to before me.
this 31st day of August. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open
Court Henry S. Culver and Frank L. Grove the
subscribing witnesses to the last Will and Testament
of Elnathan R. Craig late of Delaware Township
in said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the ex=
ecution of said Will, depose and say: That the pa=
=per before them bearing date the 28" day of August,
A.D 1884. purporting to be the last Will and Testament
of Elnathan R. Craig now deceased, is the Will
of said deceased, Elnathan R. Craig. that they were
present at the execution of said Will, and at the request
of the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw
the said Elnathan R. Craig deceased, sign and
seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said
Elnathan R. Craig at the time of making, signing
and sealing said Will, was of full age, of sound mind
and memory and not under any restraint.
Henry S. Culver
Frank L. Grove.
Sworn to and subscribed by said witnesses, in open Court,
this 31st day of August. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
[corresponds to page 70 of Delaware County Will Records Vol. 8 1887-1890]
70
Elnathan R. Craig's Will.
Return.
The State of Ohio } ss
Delaware County }
J.G. Grove, being duly sworn,
says that on the 27" day of August. A.D. 1887. he served
the within notice by delivering a true copy thereof to
the within named Sarah Ann Craig and Fran=
=cis Schaff.
J. G. Grove.
Subscribed in my presence and sworn to before me.
this 31st day of August. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open
Court Henry S. Culver and Frank L. Grove the
subscribing witnesses to the last Will and Testament
of Elnathan R. Craig late of Delaware Township
in said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the ex=
ecution of said Will, depose and say: That the pa=
=per before them bearing date the 28" day of August,
A.D 1884. purporting to be the last Will and Testament
of Elnathan R. Craig now deceased, is the Will
of said deceased, Elnathan R. Craig. that they were
present at the execution of said Will, and at the request
of the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw
the said Elnathan R. Craig deceased, sign and
seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said
Elnathan R. Craig at the time of making, signing
and sealing said Will, was of full age, of sound mind
and memory and not under any restraint.
Henry S. Culver
Frank L. Grove.
Sworn to and subscribed by said witnesses, in open Court,
this 31st day of August. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 137)
Description
[page 137]
[corresponds to page 71 of Delaware County Will Records Vol. 8 1887-1890]
71
Elnathan R. Craig's Will.
Journal Entry.
August 31" 1887.
In the Matter of the Will of |
Elnathan R. Craig Deceased |
Be it remembered, that
heretofore, to-wit: on the 27" day of August. A.D. 1887.
an instrument of writing, purporting to be the last Will
and Testament of Elnathan R. Craig, late of Delaware
Township, in this County, deceased, was produced in
open Court, for probate, and was then filed. And, it
now being shown to the satisfaction of the Court, that
due notice of the filing of said Will, and of the appli-
=cation to admit the same of probate and record in this
Court, has been given to Sarah Ann Craig his
widow and Francis Schaff next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order
of this Court; therefore, on this day came Henry S.
Culver and Frank L. Grove the subscribing witnesses
to said Will, who being duly sworn, testified to the due
execution and attestation of said Will. Which testi-
mony was reduced to writing, by them respectively
subscribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing
is the last Will and Testament of said Elnathan R.
Craig, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same togeth=
=er with the testimony of the witnesses above named, as
well as the proceedings had thereon, be entered of record
in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
Last Will of Elnathan R. Craig.
In the name of the Benevolent Fath-
=er of All:
I Elnathan R. Craig of the County of
Delaware and State of Ohio being of sound and dispos=
=ing mind and memory, do make and publish this
my last will and testament.
First - I direct that all my just debts including fun=
[corresponds to page 71 of Delaware County Will Records Vol. 8 1887-1890]
71
Elnathan R. Craig's Will.
Journal Entry.
August 31" 1887.
In the Matter of the Will of |
Elnathan R. Craig Deceased |
Be it remembered, that
heretofore, to-wit: on the 27" day of August. A.D. 1887.
an instrument of writing, purporting to be the last Will
and Testament of Elnathan R. Craig, late of Delaware
Township, in this County, deceased, was produced in
open Court, for probate, and was then filed. And, it
now being shown to the satisfaction of the Court, that
due notice of the filing of said Will, and of the appli-
=cation to admit the same of probate and record in this
Court, has been given to Sarah Ann Craig his
widow and Francis Schaff next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order
of this Court; therefore, on this day came Henry S.
Culver and Frank L. Grove the subscribing witnesses
to said Will, who being duly sworn, testified to the due
execution and attestation of said Will. Which testi-
mony was reduced to writing, by them respectively
subscribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing
is the last Will and Testament of said Elnathan R.
Craig, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same togeth=
=er with the testimony of the witnesses above named, as
well as the proceedings had thereon, be entered of record
in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
Last Will of Elnathan R. Craig.
In the name of the Benevolent Fath-
=er of All:
I Elnathan R. Craig of the County of
Delaware and State of Ohio being of sound and dispos=
=ing mind and memory, do make and publish this
my last will and testament.
First - I direct that all my just debts including fun=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 138)
Description
[page 138]
[corresponds to page 72 of Delaware County Will Records Vol. 8 1887-1890]
72
Elnathan R. Craig's Will.
eral expenses be paid out of my estate.
Second. - I give devise and bequeath unto my beloved wife Sarah
Ann Craig. all my estate both real and personal in
whatever it may consist or wherever situated, that I may
die possessed of, to be by her used & disposed of during
her natural life precisely the same as I myself might
do were I living, giving my said wife full power to sell
exchange invest and reinvest the same as to her shall
seem neet and proper. And I do hereby make consti=
-tute and appoint my said wife sole executrix of this
my last will and testament, hereby revoking all other
wills by me at any time heretofore made.
In witness whereof
I have hereunto set my hand and seal the twenty
eighth day of August. A.D. 1884.
Elnathan R. Craig. {Seal}
Signed by the said testator
Elnathan R. Craig as and
for his last will and testa=
ment in the presence of us
who at his request in his
sight and presence and in the
presence of each other have
subscribed our names as
attesting witnesses.
Henry S. Culver {Seal}
Frank L. Grove {Seal}
[corresponds to page 72 of Delaware County Will Records Vol. 8 1887-1890]
72
Elnathan R. Craig's Will.
eral expenses be paid out of my estate.
Second. - I give devise and bequeath unto my beloved wife Sarah
Ann Craig. all my estate both real and personal in
whatever it may consist or wherever situated, that I may
die possessed of, to be by her used & disposed of during
her natural life precisely the same as I myself might
do were I living, giving my said wife full power to sell
exchange invest and reinvest the same as to her shall
seem neet and proper. And I do hereby make consti=
-tute and appoint my said wife sole executrix of this
my last will and testament, hereby revoking all other
wills by me at any time heretofore made.
In witness whereof
I have hereunto set my hand and seal the twenty
eighth day of August. A.D. 1884.
Elnathan R. Craig. {Seal}
Signed by the said testator
Elnathan R. Craig as and
for his last will and testa=
ment in the presence of us
who at his request in his
sight and presence and in the
presence of each other have
subscribed our names as
attesting witnesses.
Henry S. Culver {Seal}
Frank L. Grove {Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 139)
Description
[page 139]
[corresponds to page 73 of Delaware County Will Records Vol. 8 1887-1890]
73
Rees Williams' Will
Journal Entry.
August 23rd 1887.
In the Matter of the Will of | In the Probate Court of
Rees Williams, Deceased | Delaware County, Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Rees Williams, late
of Radnor Township, in this County, deceased, was
produced in open Court for Probate; On considera=
=tion whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the ap=
=plication to admit the same to probate and record, be
given to Daniel Williams, heir and next of kin of the
Testator (Thomas Williams - Mary A. Davis and Eliz=
=abeth J. Powell, the other heirs of said Testator hav:
ing waived notice and consented to the probate of said
Will) resident of the State of Ohio, that said appli
cation will be for hearing before this Court on the
1st day of September. A.D. 1887 at 10 o'clock. A.M.,
Rufus Carpenter
Probate Judge
Waiver
We, the undersigned heirs of the within named dec-
-edent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 23d day of August. A.D. 1887.
Thomas Williams
Mary A. Davis
Elizabeth J. Powell.
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and
Testament of Rees Williams, deceased.
To Daniel Williams:
You are hereby notified that on the 23rd day of August.
A.D. 1887. an instrument of writing, purporting to be
the last Will and Testament of Rees Williams late
of Radnor Township, in said County, deceased, was
produced in open Court, and an application to admit the
same to probate was on the same day made in said
Court. Said application will be for hearing before
this Court on the 1st day of September. A.D. 1887. at
10 o'clock. A.M.,
[corresponds to page 73 of Delaware County Will Records Vol. 8 1887-1890]
73
Rees Williams' Will
Journal Entry.
August 23rd 1887.
In the Matter of the Will of | In the Probate Court of
Rees Williams, Deceased | Delaware County, Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Rees Williams, late
of Radnor Township, in this County, deceased, was
produced in open Court for Probate; On considera=
=tion whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the ap=
=plication to admit the same to probate and record, be
given to Daniel Williams, heir and next of kin of the
Testator (Thomas Williams - Mary A. Davis and Eliz=
=abeth J. Powell, the other heirs of said Testator hav:
ing waived notice and consented to the probate of said
Will) resident of the State of Ohio, that said appli
cation will be for hearing before this Court on the
1st day of September. A.D. 1887 at 10 o'clock. A.M.,
Rufus Carpenter
Probate Judge
Waiver
We, the undersigned heirs of the within named dec-
-edent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 23d day of August. A.D. 1887.
Thomas Williams
Mary A. Davis
Elizabeth J. Powell.
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and
Testament of Rees Williams, deceased.
To Daniel Williams:
You are hereby notified that on the 23rd day of August.
A.D. 1887. an instrument of writing, purporting to be
the last Will and Testament of Rees Williams late
of Radnor Township, in said County, deceased, was
produced in open Court, and an application to admit the
same to probate was on the same day made in said
Court. Said application will be for hearing before
this Court on the 1st day of September. A.D. 1887. at
10 o'clock. A.M.,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 140)
Description
[page 140]
[corresponds to page 74 of Delaware County Will Records Vol. 8 1887-1890]
74
Rees Williams' Will.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 23d day of August.
A.D. 1887.
Return.
The State of Ohio } ss
Delaware County } David S. Davis being duly sworn,
says that on the 31" day of August
A.D. 1887. he served the within notice by delivering
a true copy thereof to the within named Daniel Wil=
=liams.
David S. Davis.
Subscribed in my presence and sworn to before me this
1st day of Sept. 1887.
Rufus Carpenter
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
John L. Thurston and Henry J. Eaton the subscrib-
=ing witnesses to the last Will and Testament of Rees
Williams, late of Radnor Township in said Del=
aware County, deceased; who being duly sworn accord=
=ing to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution
of said Will, depose and say: That the paper before
them bearing date the 21st day of June. A.D. 1887.
purporting to be the last Will and Testament of Rees
Williams now deceased, is the Will of said deceased
Rees Williams, that they were present at the execu=
=tion of said Will, and at the request of the Testator,
respectively subscribed their names to the same as
witnesses, in his presence; that they saw the said
Rees Williams, deceased, sign and seal said Will, and
heard him acknowledge the same to be his last Will
and Testament, and that the said Rees Williams at
the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint .
John L. Thurston
Henry J Eaton.
[corresponds to page 74 of Delaware County Will Records Vol. 8 1887-1890]
74
Rees Williams' Will.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 23d day of August.
A.D. 1887.
Return.
The State of Ohio } ss
Delaware County } David S. Davis being duly sworn,
says that on the 31" day of August
A.D. 1887. he served the within notice by delivering
a true copy thereof to the within named Daniel Wil=
=liams.
David S. Davis.
Subscribed in my presence and sworn to before me this
1st day of Sept. 1887.
Rufus Carpenter
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
John L. Thurston and Henry J. Eaton the subscrib-
=ing witnesses to the last Will and Testament of Rees
Williams, late of Radnor Township in said Del=
aware County, deceased; who being duly sworn accord=
=ing to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution
of said Will, depose and say: That the paper before
them bearing date the 21st day of June. A.D. 1887.
purporting to be the last Will and Testament of Rees
Williams now deceased, is the Will of said deceased
Rees Williams, that they were present at the execu=
=tion of said Will, and at the request of the Testator,
respectively subscribed their names to the same as
witnesses, in his presence; that they saw the said
Rees Williams, deceased, sign and seal said Will, and
heard him acknowledge the same to be his last Will
and Testament, and that the said Rees Williams at
the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint .
John L. Thurston
Henry J Eaton.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 141)
Description
[page 141]
[corresponds to page 75 of Delaware County Will Records Vol. 8 1887-1890]
75
Rees Williams' Will.
Sworn to and subscribed by said witnesses, in open court
this 1st day of September. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Journal Entry.
Sept. 1st 1887.
In the Matter of the Will of |
Rees Wiliams, Deceased |
Be it remembered, that
heretofore, to-wit: on the 23d
day of August. A.D. 1887. an instrument of writing,
purporting to be the last Will and Testament of Rees
Williams, late of Radnor Township, in this County
deceased, was produced in open Court for probate, and
was then filed. And, it now being shown to the sat=
=isfaction of the Court, has been given to
Daniel Williams one of the heirs and next of kin of
the Testator, (the other heirs having waived notice)
resident of the State of Ohio, pursuant to a former
order of this Court; therefore, on this day came John
L. Thurston and Henry J. Eaton the subscribing wit=
=nesses to said Will, who being duly sworn, testi=
=fied to the due execution and attestation of said Will
Which testimony was reduced to writing, by them re:
=spectively subscribed and filed with said Will, whereup:
=on the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said Rees
Williams, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court, ordered,
that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon,
he entered of record in this Court.
Rufus Carpenter
Probate Judge.
[corresponds to page 75 of Delaware County Will Records Vol. 8 1887-1890]
75
Rees Williams' Will.
Sworn to and subscribed by said witnesses, in open court
this 1st day of September. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Journal Entry.
Sept. 1st 1887.
In the Matter of the Will of |
Rees Wiliams, Deceased |
Be it remembered, that
heretofore, to-wit: on the 23d
day of August. A.D. 1887. an instrument of writing,
purporting to be the last Will and Testament of Rees
Williams, late of Radnor Township, in this County
deceased, was produced in open Court for probate, and
was then filed. And, it now being shown to the sat=
=isfaction of the Court, has been given to
Daniel Williams one of the heirs and next of kin of
the Testator, (the other heirs having waived notice)
resident of the State of Ohio, pursuant to a former
order of this Court; therefore, on this day came John
L. Thurston and Henry J. Eaton the subscribing wit=
=nesses to said Will, who being duly sworn, testi=
=fied to the due execution and attestation of said Will
Which testimony was reduced to writing, by them re:
=spectively subscribed and filed with said Will, whereup:
=on the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said Rees
Williams, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court, ordered,
that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon,
he entered of record in this Court.
Rufus Carpenter
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 142)
Description
[page 142]
[corresponds to page 76 of Delaware County Will Records Vol. 8 1887-1890]
76
Rees William's Estate.
Copy of Will.
The Last Will and Testament.
of
- Rees Williams - (Widower)
Of Radnor Township - Delaware County, Ohio.
In the Name of the Benevolent Father of All: -
I, the said Rees Williams, being of sound and dis=
=posing mind and memory, considering the uncertainty
of continuance in life, and desiring to make such dispo-
=sition of my worldly estate as I deem best, do make,
publish and declare, this to be my last will and testa-
=ment; hereby revoking and annulling any and all former
will or wills whatsoever by me made.
Item First: I desire all my just debts and funeral expenses to be
paid, as soon as possible after my decease, & that my
executor cause to be erected between the grave of my
departed wife & my own grave on my lot in the ceme=
=tery at the Welsh Congregational Church near my
present residence such suitable monument as he may think
best.
Item Second: I give and bequeath to my beloved Daughters, Mary A.
wife of David S. Davis, & Elizabeth wife of Morris
Powell, all residents of Radnor township Delaware
County, Ohio all my household furniture, beds, bedding
books, pictures wearing apparel, & all articles of person=
=al property of every kind whatsoever, that may be in &
belonging & to my dwelling house at my decease.
Item Third: My son Daniel Williams, now residing in the City
of Columbus Ohio, having already, in the money at sev=
eral times by me advanced to him out of my estate, &
money at different times by me paid for him as his surety
received his full equal share of my estate, & being myself
still liable as his surety on his note to David Bevan
amounting to about $600. in justice to my other children
I make no bequest to him out of my estate remaining at
my decease. And having already at various times & in
considerable sums made advancements out of my estate to
my son Cyrus Williams now in the State of Colorado,
to equalize matters & in justice to my other children, I
do give & bequeath to him the said Cyrus, the sum of
Three Hundred Dollars ($300) only, & which is to
be paid to him by my Executor out of the proceeds of my
estate when sold as herein after directed.
Item Fourth: To my beloved son Thomas Williams of Ashley Delaware
County Ohio, & my two Daughters, above named, I do give ~
[corresponds to page 76 of Delaware County Will Records Vol. 8 1887-1890]
76
Rees William's Estate.
Copy of Will.
The Last Will and Testament.
of
- Rees Williams - (Widower)
Of Radnor Township - Delaware County, Ohio.
In the Name of the Benevolent Father of All: -
I, the said Rees Williams, being of sound and dis=
=posing mind and memory, considering the uncertainty
of continuance in life, and desiring to make such dispo-
=sition of my worldly estate as I deem best, do make,
publish and declare, this to be my last will and testa-
=ment; hereby revoking and annulling any and all former
will or wills whatsoever by me made.
Item First: I desire all my just debts and funeral expenses to be
paid, as soon as possible after my decease, & that my
executor cause to be erected between the grave of my
departed wife & my own grave on my lot in the ceme=
=tery at the Welsh Congregational Church near my
present residence such suitable monument as he may think
best.
Item Second: I give and bequeath to my beloved Daughters, Mary A.
wife of David S. Davis, & Elizabeth wife of Morris
Powell, all residents of Radnor township Delaware
County, Ohio all my household furniture, beds, bedding
books, pictures wearing apparel, & all articles of person=
=al property of every kind whatsoever, that may be in &
belonging & to my dwelling house at my decease.
Item Third: My son Daniel Williams, now residing in the City
of Columbus Ohio, having already, in the money at sev=
eral times by me advanced to him out of my estate, &
money at different times by me paid for him as his surety
received his full equal share of my estate, & being myself
still liable as his surety on his note to David Bevan
amounting to about $600. in justice to my other children
I make no bequest to him out of my estate remaining at
my decease. And having already at various times & in
considerable sums made advancements out of my estate to
my son Cyrus Williams now in the State of Colorado,
to equalize matters & in justice to my other children, I
do give & bequeath to him the said Cyrus, the sum of
Three Hundred Dollars ($300) only, & which is to
be paid to him by my Executor out of the proceeds of my
estate when sold as herein after directed.
Item Fourth: To my beloved son Thomas Williams of Ashley Delaware
County Ohio, & my two Daughters, above named, I do give ~
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 143)
Description
[page 143]
[corresponds to page 77 of Delaware County Will Records Vol. 8 1887-1890]
77
Rees Williams' Will
bequeath the proceeds of all the rest of my estate, remaining
& left after paying said legacy of $300. to Cyrus, & taking out
the property given to my Daughters in "Item 2" & paying for
monument, debts & expenses as provided in "Item First," -
to be equally divided among the three by my Executor after
he shall have turned the same into money as herein after
directed.
Item Fifth: I do hereby authorize empower & direct my Executor, hereinaf=
=ter named to proceed with diligence, to take the money, that
may be on hand at my decease, & to collect all debts that
may be owing to me, & to sell at public or private sale &
upon such terms as he may think best all property, (not
above in "Item Second" given to my two daughters) which
may belong to me at my decease of every kind, nature, & de=
=scription whatsoever, whether real, personal or mixed, & in=
=cluding the farm of 100 acres on which I now reside, sit=
=uated in the south east corner of Radnor Township, Dela=
=ware County Ohio, Range 20.- Township five. Section four,
United States Military Survey, being the same, a part of
which was deeded to me by James Davis & wife April 20-
A.D. 1847. by deed recorded in the record of deeds for said
County, Vol. 27, pages 465 & the residue of which was
deeded to me by Jacob Dorward & wife Mch 31st. A.D. 1855.
by deed recorded in Vol. 38 - pages 280 & if I continue to
own said farm at my decease, & including also any other
real estate of which I may be the owner or have any interest
in at my decease, & deeds to purchasers of the real estate to
execute, acknowledge & deliver in fee-simple; & that my
said Executor do then apply, pay out, & distribute the pro-
ceeds of my said estate as hereinbefore in this will bequeath-
=ed & directed.
Item Sixth. If any legatee of this will file any petition in court, or com:
=mence any proceedings whatsoever to contest the validity of
this will, such legatee shall thereby be forever prohibited from
taking anything by this will & that portion given to such
legatee, shall then be equally divided among the other legatees
not contesting the validity of this will.
I nominate and appoint my worthy, competent & experienced
son in law David S. Davis to be the executor of this Will.
In witness whereof, I have hereunto set my hand and seal
this twenty first day of June, in the year eighteen hundred
and eighty seven.
Rees Williams {Seal}
Signed, sealed and acknowledged, by said Rees Williams
as and for his last will and testament, in our presence, and sub-
=scribed and attested by us, as witnesses, in his presence, and at
his request, & in the presence of each other.
John S. Thurston
Henry J. Eaton.
[corresponds to page 77 of Delaware County Will Records Vol. 8 1887-1890]
77
Rees Williams' Will
bequeath the proceeds of all the rest of my estate, remaining
& left after paying said legacy of $300. to Cyrus, & taking out
the property given to my Daughters in "Item 2" & paying for
monument, debts & expenses as provided in "Item First," -
to be equally divided among the three by my Executor after
he shall have turned the same into money as herein after
directed.
Item Fifth: I do hereby authorize empower & direct my Executor, hereinaf=
=ter named to proceed with diligence, to take the money, that
may be on hand at my decease, & to collect all debts that
may be owing to me, & to sell at public or private sale &
upon such terms as he may think best all property, (not
above in "Item Second" given to my two daughters) which
may belong to me at my decease of every kind, nature, & de=
=scription whatsoever, whether real, personal or mixed, & in=
=cluding the farm of 100 acres on which I now reside, sit=
=uated in the south east corner of Radnor Township, Dela=
=ware County Ohio, Range 20.- Township five. Section four,
United States Military Survey, being the same, a part of
which was deeded to me by James Davis & wife April 20-
A.D. 1847. by deed recorded in the record of deeds for said
County, Vol. 27, pages 465 & the residue of which was
deeded to me by Jacob Dorward & wife Mch 31st. A.D. 1855.
by deed recorded in Vol. 38 - pages 280 & if I continue to
own said farm at my decease, & including also any other
real estate of which I may be the owner or have any interest
in at my decease, & deeds to purchasers of the real estate to
execute, acknowledge & deliver in fee-simple; & that my
said Executor do then apply, pay out, & distribute the pro-
ceeds of my said estate as hereinbefore in this will bequeath-
=ed & directed.
Item Sixth. If any legatee of this will file any petition in court, or com:
=mence any proceedings whatsoever to contest the validity of
this will, such legatee shall thereby be forever prohibited from
taking anything by this will & that portion given to such
legatee, shall then be equally divided among the other legatees
not contesting the validity of this will.
I nominate and appoint my worthy, competent & experienced
son in law David S. Davis to be the executor of this Will.
In witness whereof, I have hereunto set my hand and seal
this twenty first day of June, in the year eighteen hundred
and eighty seven.
Rees Williams {Seal}
Signed, sealed and acknowledged, by said Rees Williams
as and for his last will and testament, in our presence, and sub-
=scribed and attested by us, as witnesses, in his presence, and at
his request, & in the presence of each other.
John S. Thurston
Henry J. Eaton.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 144)
Description
[page 144]
[corresponds to page 78 of Delaware County Will Records Vol. 8 1887-1890]
78
James Stern's Will
Application for Probate:
The State of Ohio } ss In Probate Court.
Delaware County }
In the Matter of the Last }
Will and Testament of James } Application to Admit to Probate.
Stern, Deceased.
To the Hon. Rufus Carpen:
ter, Judge of the Probate Court in and for said Coun:
ty:
Your petitioner respectfully represent that James
Stern, late a resident of the Township of Trenton in
said County, died on or about the 2" day of Octo:
=ber. A.D. 1887, leaving an instrument in writing, here:
=to attached, purporting to be his last Will and
Testament. That the said James Stern died
leaving the following named person his only next
of kin resident of the State of Ohio:
Sarah L. Leak - Daughter - Vans Valley. O.
Your petitioner prays that a time may be fixed
for the proving of said Will.
Sarah S. Leak
The foregoing application was signed in my pres:
=ence, and sworn to before me this 13" day of Octo:
ber A.D. 1887.
Rufus Carpenter
Probate Judge.
Waiver.
I, the undersigned heir of the within named decedent,
hereby waive further notice, and consent to the probate
of said Will.
Dated this 13" day of October. A.D. 1887.
Sarah L. Leak.
Probate of Will
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court,
John Armstrong and Caroline Armstrong the subscrib:
=ing witnesses to the last Will and Testament of
James Stern late of Trenton Township in said
Delaware County, deceased, who being duly sworn
according to law to speak the truth, the whole
truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the
[corresponds to page 78 of Delaware County Will Records Vol. 8 1887-1890]
78
James Stern's Will
Application for Probate:
The State of Ohio } ss In Probate Court.
Delaware County }
In the Matter of the Last }
Will and Testament of James } Application to Admit to Probate.
Stern, Deceased.
To the Hon. Rufus Carpen:
ter, Judge of the Probate Court in and for said Coun:
ty:
Your petitioner respectfully represent that James
Stern, late a resident of the Township of Trenton in
said County, died on or about the 2" day of Octo:
=ber. A.D. 1887, leaving an instrument in writing, here:
=to attached, purporting to be his last Will and
Testament. That the said James Stern died
leaving the following named person his only next
of kin resident of the State of Ohio:
Sarah L. Leak - Daughter - Vans Valley. O.
Your petitioner prays that a time may be fixed
for the proving of said Will.
Sarah S. Leak
The foregoing application was signed in my pres:
=ence, and sworn to before me this 13" day of Octo:
ber A.D. 1887.
Rufus Carpenter
Probate Judge.
Waiver.
I, the undersigned heir of the within named decedent,
hereby waive further notice, and consent to the probate
of said Will.
Dated this 13" day of October. A.D. 1887.
Sarah L. Leak.
Probate of Will
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court,
John Armstrong and Caroline Armstrong the subscrib:
=ing witnesses to the last Will and Testament of
James Stern late of Trenton Township in said
Delaware County, deceased, who being duly sworn
according to law to speak the truth, the whole
truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 145)
Description
[page 145]
[corresponds to page 79 of Delaware County Will Records Vol. 8 1887-1890]
79
James Stern's Will
paper before them bearing date the 2d day of
August. A.D. 1887. purporting to be the last Will
and Testament of James Stern, now deceased, is the
Will of said deceased James Stern, that they
were present at the execution of said Will, and
at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in
his presence; that they saw the said James Stern
deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and
Testament, and that the said James Stern at the
time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint.
John Armstrong.
Caroline Armstrong.
Sworn to and subscribed by said witnesses, in open
Court, this 13" day of October. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Journal Entry.
Oct. 13" 1887.
In the Matter of the Will of } In Probate Court of
James Stern. Deceased. } Delaware County. Ohio
This day, an instrument of writing, purporting to be the
last Will and Testament of James Stern, late of Tren=
=ton Township, deceased, was produced in open Court
for Probate; On consideration whereof, it is ordered that
the said Will be filed in this Court. And thereupon
came Sarah L. Leak the only heir and next of kin of said
Testator, resident of the State of Ohio, and waived further
notice and consented to the probate of said Will. Therefore,
on this day came John Armstrong and Caroline Armstrong
the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said Will
whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said James
Stern, deceased. That the same was duly executed and at:
tested, and that the said Testator, at the time of making
signing and sealing said Will, was of full age, of sound
mind and memory and not under any restraint. It is
therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same together with the tes-
timony of the witnesses above named, as well as the proceed-
ings had thereon, be entered of record in this Court.
Rufus Carpenter. Probate Judge
[corresponds to page 79 of Delaware County Will Records Vol. 8 1887-1890]
79
James Stern's Will
paper before them bearing date the 2d day of
August. A.D. 1887. purporting to be the last Will
and Testament of James Stern, now deceased, is the
Will of said deceased James Stern, that they
were present at the execution of said Will, and
at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in
his presence; that they saw the said James Stern
deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and
Testament, and that the said James Stern at the
time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint.
John Armstrong.
Caroline Armstrong.
Sworn to and subscribed by said witnesses, in open
Court, this 13" day of October. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Journal Entry.
Oct. 13" 1887.
In the Matter of the Will of } In Probate Court of
James Stern. Deceased. } Delaware County. Ohio
This day, an instrument of writing, purporting to be the
last Will and Testament of James Stern, late of Tren=
=ton Township, deceased, was produced in open Court
for Probate; On consideration whereof, it is ordered that
the said Will be filed in this Court. And thereupon
came Sarah L. Leak the only heir and next of kin of said
Testator, resident of the State of Ohio, and waived further
notice and consented to the probate of said Will. Therefore,
on this day came John Armstrong and Caroline Armstrong
the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said Will
whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said James
Stern, deceased. That the same was duly executed and at:
tested, and that the said Testator, at the time of making
signing and sealing said Will, was of full age, of sound
mind and memory and not under any restraint. It is
therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same together with the tes-
timony of the witnesses above named, as well as the proceed-
ings had thereon, be entered of record in this Court.
Rufus Carpenter. Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 146)
Description
[page 146]
[corresponds to page 80 of Delaware County Will Records Vol. 8 1887-1890]
80
James Stern's Will.
Copy of Will.
In the Name of my Heavenly Father who has
thus far sustained me through the trials of life even
down to old age. I, James Stern of the Township of
Trenton, Delaware County and State of Ohio, Do make
publish & declare this my last Will & Testament
revoking all other Wills that I have made at
any former time. I being of sound mind & memory
Item 1 It is my will and I direct that my funeral ex-
penses and all my just debts be fully paid. by my
Executor.
2" I give and bequeath to my Daughter Sarah L. Leak,
all my property both personal & real which consists
in my farm of 100 acres of land & personal property
amounting to about Seven Hundred Dollars. her
natural life then to go to her children. entirely up:
=on the following conditions. That she Sarah L.
Leak shall pay or cause to be paid to my deceased
daughters children living now in the State of Iowa
namely James W. Grandle-Charles Grandle &
Frank Grandle Seven Hundred, to each one as they
become of age to be without interest. one of the heirs of
my Daughter Mary E. Roberts I have already paid
which is the reason I do not give her any thing at this
time.
Item My desire is under existing circumstances that my
Executor rent the farm and the proceeds be kept entire:
=ly for the payment of the aforesaid bequests
4" If in case the proceeds of the farm should fail to
pay the heirs as they become due then I direct my Ex-
ecutor to sell a small portion of the land to satisfy the
claims. But my wish is to keep all the land if pos=
=sible for the children.
5 It is my Will that in case of any trouble or diffi=
culty in settling up my Estate I give power to my
Executor to select two men of her choice to settle the
difficulty and their decision will be final in the matter
& binding & conclusive to all concerned.
6 I do hereby appoint & nominate my Daughter Sarah
L. Leak as my Executrix of this my last Will to act as.
such without bail or appraisement or sale.
In witness whereof I have this day hereunto set my
hand & seal this Twenty Second day of August. 1887,
in the year of our Lord on thousand Eight Hundred &
Eighty Seven
James Stern {Seal}
[corresponds to page 80 of Delaware County Will Records Vol. 8 1887-1890]
80
James Stern's Will.
Copy of Will.
In the Name of my Heavenly Father who has
thus far sustained me through the trials of life even
down to old age. I, James Stern of the Township of
Trenton, Delaware County and State of Ohio, Do make
publish & declare this my last Will & Testament
revoking all other Wills that I have made at
any former time. I being of sound mind & memory
Item 1 It is my will and I direct that my funeral ex-
penses and all my just debts be fully paid. by my
Executor.
2" I give and bequeath to my Daughter Sarah L. Leak,
all my property both personal & real which consists
in my farm of 100 acres of land & personal property
amounting to about Seven Hundred Dollars. her
natural life then to go to her children. entirely up:
=on the following conditions. That she Sarah L.
Leak shall pay or cause to be paid to my deceased
daughters children living now in the State of Iowa
namely James W. Grandle-Charles Grandle &
Frank Grandle Seven Hundred, to each one as they
become of age to be without interest. one of the heirs of
my Daughter Mary E. Roberts I have already paid
which is the reason I do not give her any thing at this
time.
Item My desire is under existing circumstances that my
Executor rent the farm and the proceeds be kept entire:
=ly for the payment of the aforesaid bequests
4" If in case the proceeds of the farm should fail to
pay the heirs as they become due then I direct my Ex-
ecutor to sell a small portion of the land to satisfy the
claims. But my wish is to keep all the land if pos=
=sible for the children.
5 It is my Will that in case of any trouble or diffi=
culty in settling up my Estate I give power to my
Executor to select two men of her choice to settle the
difficulty and their decision will be final in the matter
& binding & conclusive to all concerned.
6 I do hereby appoint & nominate my Daughter Sarah
L. Leak as my Executrix of this my last Will to act as.
such without bail or appraisement or sale.
In witness whereof I have this day hereunto set my
hand & seal this Twenty Second day of August. 1887,
in the year of our Lord on thousand Eight Hundred &
Eighty Seven
James Stern {Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 147)
Description
[page 147]
[corresponds to page 81 of Delaware County Will Records Vol. 8 1887-1890]
81
Martha E. Chamber's Will.
The above instrument was signed and acknowledged by
said James Stern as his last Will & Testament in
our presence and signed by us in his presence.
as attesting witnesses.
John Armstrong } Van Valley Ohio
Caroline Armstrong } Delaware Co.
Martha E. Chamber's Will.
Journal Entry.
Oct. 12" 1887.
In the Matter of the Will } In the Probate Court of
of Martha E. Chambers. Decd } Delaware County.
This day, an instrument of writing, purporting to be the
last Will and Testament of Martha E. Chambers, late
of Delaware Township, in this County, deceased, was
produced in open Court for Probate; On Consid=
eration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof,
and of the application to admit the same to probate
and record, be given to Mary A. Crawford and Reuben
Chambers next of kin, and Lucy Whyte, Roena Whyte
and Rachel Merchant legatees of the Testatrix, resident
of the State of Ohio, that said application will be
for hearing before this Court on the 19" day of October.
A.D. 1887. at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the matter of the last Will and
Testament of Martha E. Chambers, deceased.
To Mary A. Craw=
ford. Reuben Chambers, Lucy Whyte Roena Whyte
and Rachel Merchant.
You are hereby notified that on the
12" day of October. A.D. 1887. an instrument of writing,
purporting to be the last Will and Testament of Martha
E. Chambers, late of Delaware Township, in said
County, deceased, was produced in open Court, and an
application to admit the same to probate was on the
same day made in said Court. Said application will be
for hearing before this Court on the 19" day of October
A.D.1887. at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the matter of the last Will and
Testament of Martha E. Chambers, deceased.
To Mary A. Craw:
ford - Reuben Chambers, Lucy Whyte - Roena Whyte
and Rachel Merchant.
You are hereby notified that on the
12" day of October. A.D. 1887. an instrument of writing,
purporting to be the last Will and Testament of Martha
E. Chambers, late of Delaware Township, in said
County, deceased, was produced in open Court, and an
application to admit the same to probate was on the
same day made in said Court. Said application will
be for hearing before this Court on the 19" day of
October. A.D. 1887. at 10 o'clock A.M.,
[corresponds to page 81 of Delaware County Will Records Vol. 8 1887-1890]
81
Martha E. Chamber's Will.
The above instrument was signed and acknowledged by
said James Stern as his last Will & Testament in
our presence and signed by us in his presence.
as attesting witnesses.
John Armstrong } Van Valley Ohio
Caroline Armstrong } Delaware Co.
Martha E. Chamber's Will.
Journal Entry.
Oct. 12" 1887.
In the Matter of the Will } In the Probate Court of
of Martha E. Chambers. Decd } Delaware County.
This day, an instrument of writing, purporting to be the
last Will and Testament of Martha E. Chambers, late
of Delaware Township, in this County, deceased, was
produced in open Court for Probate; On Consid=
eration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof,
and of the application to admit the same to probate
and record, be given to Mary A. Crawford and Reuben
Chambers next of kin, and Lucy Whyte, Roena Whyte
and Rachel Merchant legatees of the Testatrix, resident
of the State of Ohio, that said application will be
for hearing before this Court on the 19" day of October.
A.D. 1887. at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the matter of the last Will and
Testament of Martha E. Chambers, deceased.
To Mary A. Craw=
ford. Reuben Chambers, Lucy Whyte Roena Whyte
and Rachel Merchant.
You are hereby notified that on the
12" day of October. A.D. 1887. an instrument of writing,
purporting to be the last Will and Testament of Martha
E. Chambers, late of Delaware Township, in said
County, deceased, was produced in open Court, and an
application to admit the same to probate was on the
same day made in said Court. Said application will be
for hearing before this Court on the 19" day of October
A.D.1887. at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the matter of the last Will and
Testament of Martha E. Chambers, deceased.
To Mary A. Craw:
ford - Reuben Chambers, Lucy Whyte - Roena Whyte
and Rachel Merchant.
You are hereby notified that on the
12" day of October. A.D. 1887. an instrument of writing,
purporting to be the last Will and Testament of Martha
E. Chambers, late of Delaware Township, in said
County, deceased, was produced in open Court, and an
application to admit the same to probate was on the
same day made in said Court. Said application will
be for hearing before this Court on the 19" day of
October. A.D. 1887. at 10 o'clock A.M.,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 148)
Description
[page 148]
[corresponds to page 82 of Delaware County Will Records Vol. 8 1887-1890]
82
Martha E. Chamber's Will
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 12d day of October
A.D.1887.
{Seal}
Return
The State of Ohio } ss
Delaware County } Thomas Whyte, being duly sworn,
says that on the 12d day October,
A.D.1887, he served the within notice by delivering a
true copy thereof to the within named Roena Whyte an
infant, and also delivering a true copy thereof to Lucy Whyte
mother of said Roena Whyte, Mary A. Crawford, Reuben
Chambers, Lucy Whyte and Rachel Merchant.
Thos. A. Whyte.
Subscribed in my presence and sworn to before me this 19"
day of Oct. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
Benjamin McPherson and Henry G. Sheldon. the subscrib=
=ing witnesses to the last Will and Testament of Martha
E. Chambers, late of Delaware Township in said Del=
=aware County, deceased; who being duly sworn accord=
=ing to law, to speak the truth, the whole truth, and noth=
=ing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bear=
=ing date the 28" day of July. A.D. 1887. purporting to be
the last Will and Testament of Martha E. Chambers,
now deceased, is the Will of said deceased Martha E.
Chambers, that they were present at the execution of
said Will, and at the request of the Testatrix, respective
by subscribed their names to the same as witnesses,
in her presence; that they saw the said Martha E.
Chambers deceased sign and seal said Will and
heard her acknowledge the same to be her last Will
and Testament, and that the said Martha E. Chambers,
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not un=
der any restraint.
Benjamin McPherson.
Henry G. Sheldon.
[corresponds to page 82 of Delaware County Will Records Vol. 8 1887-1890]
82
Martha E. Chamber's Will
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 12d day of October
A.D.1887.
{Seal}
Return
The State of Ohio } ss
Delaware County } Thomas Whyte, being duly sworn,
says that on the 12d day October,
A.D.1887, he served the within notice by delivering a
true copy thereof to the within named Roena Whyte an
infant, and also delivering a true copy thereof to Lucy Whyte
mother of said Roena Whyte, Mary A. Crawford, Reuben
Chambers, Lucy Whyte and Rachel Merchant.
Thos. A. Whyte.
Subscribed in my presence and sworn to before me this 19"
day of Oct. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
Benjamin McPherson and Henry G. Sheldon. the subscrib=
=ing witnesses to the last Will and Testament of Martha
E. Chambers, late of Delaware Township in said Del=
=aware County, deceased; who being duly sworn accord=
=ing to law, to speak the truth, the whole truth, and noth=
=ing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bear=
=ing date the 28" day of July. A.D. 1887. purporting to be
the last Will and Testament of Martha E. Chambers,
now deceased, is the Will of said deceased Martha E.
Chambers, that they were present at the execution of
said Will, and at the request of the Testatrix, respective
by subscribed their names to the same as witnesses,
in her presence; that they saw the said Martha E.
Chambers deceased sign and seal said Will and
heard her acknowledge the same to be her last Will
and Testament, and that the said Martha E. Chambers,
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not un=
der any restraint.
Benjamin McPherson.
Henry G. Sheldon.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 149)
Description
[page 149]
[corresponds to page 83 of Delaware County Will Records Vol. 8 1887-1890]
83
Martha E. Chamber's Will.
Sworn to and subscribed by said witnesses in open
Court, this 19" day of October A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
Oct. 19" 1887.
In the Matter of the Will }
}
of Martha E. Chambers. Decd }
Be it remembered, that here:
=tofore, to-wit; on the 12th day of October. A.D. 1887. an
instrument of writing, purporting to be the last Will
and Testament of Martha E. Chambers, late of Delaware
Township, in this County, deceased, was produced in
open Court for probate, and was then filed. And it
now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the
application to admit the same to probate and record in
this Court, has been given to Mary A. Crawford
and Reuben Chamber next of kin, and Lucy Whyte
Roena Whyte and Rachel Merchant, legatees of the
Testatrix, resident of the State of Ohio, pursuant to
a former order of this Court; therefore, on this day
came Benjamin McPherson and Henry G. Sheldon,
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attesta=
=tion of said Will. Which testimony was reduced
to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will
and Testament of said Martha E. Chambers, deceased.
That the same was duly executed and attested; and that
the said Testatrix, at the time of making, signing
and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well
as the proceedings had thereon, be entered of record
in this Court.
Rufus Carpenter
Probate Judge
[corresponds to page 83 of Delaware County Will Records Vol. 8 1887-1890]
83
Martha E. Chamber's Will.
Sworn to and subscribed by said witnesses in open
Court, this 19" day of October A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
Oct. 19" 1887.
In the Matter of the Will }
}
of Martha E. Chambers. Decd }
Be it remembered, that here:
=tofore, to-wit; on the 12th day of October. A.D. 1887. an
instrument of writing, purporting to be the last Will
and Testament of Martha E. Chambers, late of Delaware
Township, in this County, deceased, was produced in
open Court for probate, and was then filed. And it
now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the
application to admit the same to probate and record in
this Court, has been given to Mary A. Crawford
and Reuben Chamber next of kin, and Lucy Whyte
Roena Whyte and Rachel Merchant, legatees of the
Testatrix, resident of the State of Ohio, pursuant to
a former order of this Court; therefore, on this day
came Benjamin McPherson and Henry G. Sheldon,
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attesta=
=tion of said Will. Which testimony was reduced
to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will
and Testament of said Martha E. Chambers, deceased.
That the same was duly executed and attested; and that
the said Testatrix, at the time of making, signing
and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well
as the proceedings had thereon, be entered of record
in this Court.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 150)
Description
[page 150]
[corresponds to page 84 of Delaware County Will Records Vol. 8 1887-1890]
84
Martha E. Chamber's Estate.
Copy of Will.
In the Name of the Benevolent Father of All:
I Martha Ellen Chambers, of sound mind and mem-
ory do make and publish this my last Will and Tes-
=tament:
First. I give and bequeath to my sister Mary Ann Craw=
=ford, all my clothing and wearing apparel.
Second. I give and bequeath to Mrs. Lucy White wife of Al=
=phonso Whyte. all my beds and bedding - including
all except one pair pillows and one quilt and one
comfort which I give and bequeath to Roena White
daughter of said Alphonso and Lucy White.
I request that the lot which I now own in the city
of Delaware be sold and the proceeds thereof I hereby
give and bequeath to my said sister Mary Ann Craw=
ford.
I hereby appoint Alphonsus Whyte, Executor of
this my last Will and Testament, and request him to take
charge of my burial, and if any money be left of
which is now on hand, I give the same to said Alphon-
=so White.
I give one calico dress to Rachel Merchant.
her
Martha X Ellen Chambers.
mark
Signed by said Martha Ellen Chambers by mark
in our presence and signed by us in her presence, and at
her request this 28" day of July. 1887.
Benjamin McPherson
Henry G. Sheldon.
[corresponds to page 84 of Delaware County Will Records Vol. 8 1887-1890]
84
Martha E. Chamber's Estate.
Copy of Will.
In the Name of the Benevolent Father of All:
I Martha Ellen Chambers, of sound mind and mem-
ory do make and publish this my last Will and Tes-
=tament:
First. I give and bequeath to my sister Mary Ann Craw=
=ford, all my clothing and wearing apparel.
Second. I give and bequeath to Mrs. Lucy White wife of Al=
=phonso Whyte. all my beds and bedding - including
all except one pair pillows and one quilt and one
comfort which I give and bequeath to Roena White
daughter of said Alphonso and Lucy White.
I request that the lot which I now own in the city
of Delaware be sold and the proceeds thereof I hereby
give and bequeath to my said sister Mary Ann Craw=
ford.
I hereby appoint Alphonsus Whyte, Executor of
this my last Will and Testament, and request him to take
charge of my burial, and if any money be left of
which is now on hand, I give the same to said Alphon-
=so White.
I give one calico dress to Rachel Merchant.
her
Martha X Ellen Chambers.
mark
Signed by said Martha Ellen Chambers by mark
in our presence and signed by us in her presence, and at
her request this 28" day of July. 1887.
Benjamin McPherson
Henry G. Sheldon.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 151)
Description
[page 151]
[corresponds to page 85 of Delaware County Will Records Vol. 8 1887-1890]
85
Henry Boyd's Will.
Journal Entry.
Oct. 25" 1887.
In the Matter of the Will } In the Probate Court of
of Henry Boyd. Deceased. } Delaware County, Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Henry Boyd, late of
Trenton Township, in this County, deceased, was pro=
=duced in open Court for Probate; on consideration
whereof, it is ordered that the said Will be filed in
this Court, and that due notice thereof, and of the ap=
=plication to admit the same to probate and record be
given to Julia A. Boyd, his widow, and George Boyd.
John Boyd- Harvey Boyd - Jasper Boyd -Alsina
Andrews- Eliza Perfect . Sarah Boyd - James
Clark and George W. Boyd, legatees and next of kin
of the Testator, resident of the State of Ohio, that said
application will be for hearing before this Court on
the 1st day of November. A.D. 1887. at 1 o'clock P.M.,
Rufus Carpenter
Probate Judge
Waiver.
We, the undersigned legatees & heirs of the within named
decedent, hereby waive further notice, and consent to the pro-
=bate of said Will.
Dated this 25d day of October. A.D. 1887.
Clement L. Boyd
Bishop Boyd.
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County. }
In the matter of the last Will and
Testament Henry Boyd, deceased.
To Julia A. Boyd, George Boyd.
John Boyd. Harvey Boyd. Jasper Boyd. Alsina Andrews,
Eliza Perfect Sarah Boyd - James Clark & George W.
Boyd ~ . You are hereby notified that on the 25"
day of October A.D. 1887. an instrument of writing, purport-
=ing to be the last Will and Testament of Henry Boyd
late of Trenton Township, in said County, deceased. was
produced in open Court, and an application to admit the
same to probate was on the same day made in said
Court. Said application will be for hearing before this
Court on the 1" day of November. A.D. 1887. at 1 o'clock P.M.,
Rufus Carpenter
{Seal} Probate Judge.
[corresponds to page 85 of Delaware County Will Records Vol. 8 1887-1890]
85
Henry Boyd's Will.
Journal Entry.
Oct. 25" 1887.
In the Matter of the Will } In the Probate Court of
of Henry Boyd. Deceased. } Delaware County, Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Henry Boyd, late of
Trenton Township, in this County, deceased, was pro=
=duced in open Court for Probate; on consideration
whereof, it is ordered that the said Will be filed in
this Court, and that due notice thereof, and of the ap=
=plication to admit the same to probate and record be
given to Julia A. Boyd, his widow, and George Boyd.
John Boyd- Harvey Boyd - Jasper Boyd -Alsina
Andrews- Eliza Perfect . Sarah Boyd - James
Clark and George W. Boyd, legatees and next of kin
of the Testator, resident of the State of Ohio, that said
application will be for hearing before this Court on
the 1st day of November. A.D. 1887. at 1 o'clock P.M.,
Rufus Carpenter
Probate Judge
Waiver.
We, the undersigned legatees & heirs of the within named
decedent, hereby waive further notice, and consent to the pro-
=bate of said Will.
Dated this 25d day of October. A.D. 1887.
Clement L. Boyd
Bishop Boyd.
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County. }
In the matter of the last Will and
Testament Henry Boyd, deceased.
To Julia A. Boyd, George Boyd.
John Boyd. Harvey Boyd. Jasper Boyd. Alsina Andrews,
Eliza Perfect Sarah Boyd - James Clark & George W.
Boyd ~ . You are hereby notified that on the 25"
day of October A.D. 1887. an instrument of writing, purport-
=ing to be the last Will and Testament of Henry Boyd
late of Trenton Township, in said County, deceased. was
produced in open Court, and an application to admit the
same to probate was on the same day made in said
Court. Said application will be for hearing before this
Court on the 1" day of November. A.D. 1887. at 1 o'clock P.M.,
Rufus Carpenter
{Seal} Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 152)
Description
[page 152]
[corresponds to page 86 of Delaware County Will Records Vol. 8 1887-1890]
86
Henry Boyd's Will.
Dated at Delaware Ohio, this 25" day of October,
A.D. 1887.
Return.
The State of Ohio. } ss
Delaware County, }
Clement L. Boyd, being the duly sworn,
says that on the 26" day of October, A.D. 1887 he serv-
-ed the written notice by delivering a true copy thereof
to the within named George Boyd, John Boyd, Har=
vey Boyd. Sina Andrews - Eliza Perfect . Sarah Boyd
Jasper Boyd. George W. Boyd - James Clark &
Julia A. Boyd
Clement L. Boyd.
Subscribed in my presence and sworn to before me
this 1st day of Nov. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio} ss In Probate Court.
Delaware County }
Personally appeared in open court
E.H. Dent and F.P. Dent, the subscribing witnesses to
the last Will and Testament of Henry Boyd late of
Trenton Township in said Delaware County, deceased,
who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in
relation to the execution of said Will, depose and say:
That the paper before them bearing date the 21st day
of September. A.D. 1887. purporting to be the last
Will and Testament of Henry Boyd now deceased, is the
Will of said deceased Henry Boyd, that they were
present at the execution of said Will, and at the request
of the Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw the
said Henry Boyd deceased, sign and seal said Will
and heard him acknowledge the same to be his last Will
and Testament, and that the said Henry Boyd at the
time of making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under any
restraint. And being further examined by counsel
testified as follows:
E. H. Dent
F. P. Dent.
[corresponds to page 86 of Delaware County Will Records Vol. 8 1887-1890]
86
Henry Boyd's Will.
Dated at Delaware Ohio, this 25" day of October,
A.D. 1887.
Return.
The State of Ohio. } ss
Delaware County, }
Clement L. Boyd, being the duly sworn,
says that on the 26" day of October, A.D. 1887 he serv-
-ed the written notice by delivering a true copy thereof
to the within named George Boyd, John Boyd, Har=
vey Boyd. Sina Andrews - Eliza Perfect . Sarah Boyd
Jasper Boyd. George W. Boyd - James Clark &
Julia A. Boyd
Clement L. Boyd.
Subscribed in my presence and sworn to before me
this 1st day of Nov. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio} ss In Probate Court.
Delaware County }
Personally appeared in open court
E.H. Dent and F.P. Dent, the subscribing witnesses to
the last Will and Testament of Henry Boyd late of
Trenton Township in said Delaware County, deceased,
who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in
relation to the execution of said Will, depose and say:
That the paper before them bearing date the 21st day
of September. A.D. 1887. purporting to be the last
Will and Testament of Henry Boyd now deceased, is the
Will of said deceased Henry Boyd, that they were
present at the execution of said Will, and at the request
of the Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw the
said Henry Boyd deceased, sign and seal said Will
and heard him acknowledge the same to be his last Will
and Testament, and that the said Henry Boyd at the
time of making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under any
restraint. And being further examined by counsel
testified as follows:
E. H. Dent
F. P. Dent.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 153)
Description
[page 153]
[corresponds to page 87 of Delaware County Will Records Vol. 8 1887-1890]
87
Henry Boyd's Will.
Sworn to and subscribed by said witnesses, in open
Court, this 1st day of November. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
E.H. Dent being further examined, testified as
follows:
Ques. In whose hand writing is the Will?
Ans: In my hand writing.
Ques. When and where did the Testator first speak to you
in reference to his Will?
Ans. On the 21st day of September, the day the will was
written.
Ques: What time in the day?
Ans: I think that it was before dinner: He took dinner
at my house and the Will was signed after dinner.
Ques: Who kept the Will from that time until after
Mr Boyd's death?
Ans: I did.
Ques: Did any of his friends or relatives know of its ex=
istance during his life time?
Ans: Not that I know of.
Ques. Was any one else present when the provisions of the
Will were talked over between you and Mr Boyd?
Ans: I think that my son Frank was there a part of the
time, don't think any one else.
Ques. What did he say if anything about his approaching
marriage, and what did you say to him in your opinion
would be the effect of a Will made before his mar=
=riage?
Ans: He said nothing to me about his intended marriage
and I said nothing to him as I knew nothing about
it.
Ques. How soon after the making of the Will was he in
fact married to the lady who is now his widow?
Ans: A short time: I don't know how many days.
Ques. Was it not just one week?
[corresponds to page 87 of Delaware County Will Records Vol. 8 1887-1890]
87
Henry Boyd's Will.
Sworn to and subscribed by said witnesses, in open
Court, this 1st day of November. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
E.H. Dent being further examined, testified as
follows:
Ques. In whose hand writing is the Will?
Ans: In my hand writing.
Ques. When and where did the Testator first speak to you
in reference to his Will?
Ans. On the 21st day of September, the day the will was
written.
Ques: What time in the day?
Ans: I think that it was before dinner: He took dinner
at my house and the Will was signed after dinner.
Ques: Who kept the Will from that time until after
Mr Boyd's death?
Ans: I did.
Ques: Did any of his friends or relatives know of its ex=
istance during his life time?
Ans: Not that I know of.
Ques. Was any one else present when the provisions of the
Will were talked over between you and Mr Boyd?
Ans: I think that my son Frank was there a part of the
time, don't think any one else.
Ques. What did he say if anything about his approaching
marriage, and what did you say to him in your opinion
would be the effect of a Will made before his mar=
=riage?
Ans: He said nothing to me about his intended marriage
and I said nothing to him as I knew nothing about
it.
Ques. How soon after the making of the Will was he in
fact married to the lady who is now his widow?
Ans: A short time: I don't know how many days.
Ques. Was it not just one week?
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 154)
Description
[page 154]
[corresponds to page 88 of Delaware County Will Records Vol. 8 1887-1890]
88
Henry Boyd's Will.
Ans: I don't know. I have heard that, that was the time.
Ques: Had you understood from any source for the Will, that he was
about to marry that lady, his present widow?
Ans I had not.
Ques: Were you very much surprised when you heard of his
marriage a week after making the Will?
Ans: No sir I was not surprised at it.
Ques: Why were you not surprised if you had never heard of
his intended marriage?
Ans: The reason that I was not surprised was, that I was
acquainted with both the parties and thought it an
advantageous marriage to both the parties.
Ques: Did you ever talk with Mr. Boyd about the Will after his marriage?
Ans: No sir.
Ques: Did Mr Boyd any other business with you than the
writing of the Will on the occasion of his visit?
Ans: He made no other business known:
Ques: Did Mr Boyd die leaving a widow, and is that widow
still alive?
Ans: He did, and she is still alive and is here in Court:
Ques: Please state whether it is not a fact, that Mr. Boyd
died without issue?
Ans: I think that is the fact;
Ques: State whether at his death he was possessed of both
personal and real estate?
Ans: Yes sir.
E H Dent
Sworn to and subscribed by E. H. Dent in open Court
this 1st day of November A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
[corresponds to page 88 of Delaware County Will Records Vol. 8 1887-1890]
88
Henry Boyd's Will.
Ans: I don't know. I have heard that, that was the time.
Ques: Had you understood from any source for the Will, that he was
about to marry that lady, his present widow?
Ans I had not.
Ques: Were you very much surprised when you heard of his
marriage a week after making the Will?
Ans: No sir I was not surprised at it.
Ques: Why were you not surprised if you had never heard of
his intended marriage?
Ans: The reason that I was not surprised was, that I was
acquainted with both the parties and thought it an
advantageous marriage to both the parties.
Ques: Did you ever talk with Mr. Boyd about the Will after his marriage?
Ans: No sir.
Ques: Did Mr Boyd any other business with you than the
writing of the Will on the occasion of his visit?
Ans: He made no other business known:
Ques: Did Mr Boyd die leaving a widow, and is that widow
still alive?
Ans: He did, and she is still alive and is here in Court:
Ques: Please state whether it is not a fact, that Mr. Boyd
died without issue?
Ans: I think that is the fact;
Ques: State whether at his death he was possessed of both
personal and real estate?
Ans: Yes sir.
E H Dent
Sworn to and subscribed by E. H. Dent in open Court
this 1st day of November A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 155)
Description
[page 155]
[corresponds to page 89 of Delaware County Will Records Vol. 8 1887-1890]
89
Henry Boyd's Estate.
Journal Entry.
Nov. 1st 1887.
In the Matter of the Will }
of Henry Boyd, Deceased. }
Be it remembered, that here=
=tofore, to-wit: on the 25" day of October. A.D. 1887. an
instrument of writing, purporting to be the last Will
and Testament of Henry Boyd, late of Trenton
Township, in this County, deceased, was produced
in open Court for probate, and was then filed. And,
it now being shown to the satisfaction of the Court
that due notice of the filing of said Will, and of the
application to admit the same to probate and record
in this Court, has been given to Julia A. Boyd
his widow, George Boyd, John Boyd. Harvey Boyd
Jasper Boyd - Alsina Andrews - Eliza Perfect -
Sarah Boyd - James Clark and George W. Boyd.,
legatees and next of the Testator, resident of the State
of Ohio, pursuant to a former order of this Court;
therefore, on this day came E.H. Dent and F.P. Dent,
the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writ=
=ing, by them respectively subscribed, and filed with
said Will, whereupon the Court finds, that the
aforesaid instrument of writing is the last Will and
Testament of said Henry Boyd, deceased. That the
same was duly executed and attested; and that the
said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testi=
=mony of the witnesses above named, as well as the pro-
ceedings had thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In the name of our Heavenly Father I Henry Boyd
In view of the uncertainty of life and the certainty of
Death do make and publish this my last Will and
Testament.
1st I give and devise unto my two nephews Clement L
[corresponds to page 89 of Delaware County Will Records Vol. 8 1887-1890]
89
Henry Boyd's Estate.
Journal Entry.
Nov. 1st 1887.
In the Matter of the Will }
of Henry Boyd, Deceased. }
Be it remembered, that here=
=tofore, to-wit: on the 25" day of October. A.D. 1887. an
instrument of writing, purporting to be the last Will
and Testament of Henry Boyd, late of Trenton
Township, in this County, deceased, was produced
in open Court for probate, and was then filed. And,
it now being shown to the satisfaction of the Court
that due notice of the filing of said Will, and of the
application to admit the same to probate and record
in this Court, has been given to Julia A. Boyd
his widow, George Boyd, John Boyd. Harvey Boyd
Jasper Boyd - Alsina Andrews - Eliza Perfect -
Sarah Boyd - James Clark and George W. Boyd.,
legatees and next of the Testator, resident of the State
of Ohio, pursuant to a former order of this Court;
therefore, on this day came E.H. Dent and F.P. Dent,
the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writ=
=ing, by them respectively subscribed, and filed with
said Will, whereupon the Court finds, that the
aforesaid instrument of writing is the last Will and
Testament of said Henry Boyd, deceased. That the
same was duly executed and attested; and that the
said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testi=
=mony of the witnesses above named, as well as the pro-
ceedings had thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In the name of our Heavenly Father I Henry Boyd
In view of the uncertainty of life and the certainty of
Death do make and publish this my last Will and
Testament.
1st I give and devise unto my two nephews Clement L
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 156)
Description
[page 156]
[corresponds to page 90 of Delaware County Will Records Vol. 8 1887-1890]
90
Henry Boyd's Will.
Boyd and George W Boyd all the real estate and person+
=al property of which I may be possessed at my decease
on the condition following.
To-witt: That they first pay all
my just debts and funeral expences and erect a good and sub=
=stantial iron fence around my Lot in the Trenton H
Cemetery, and pay my Brothers, George, John, Bishop
Harvey and Jasper each One Hundred Dollars,
and to my Sisters Mary A Sherman, Lucy Lewis,
Alsina Andrews, Eliza Perfect and Sarah Boyd each
One Hundred Dollars and to my Brother-in-law~
James Clark One Hundred Dollars.
Item 2nd I direct that my Executor or Executors pay Mary A.
Sherman and Lucy Lewis their One Hundred Dollars
each within one year after my decease, and that they
pay my Brother John and Jasper their Hundred Dol:
=lars each within two years and Brothers George &
Harvey their Hundred Dollars each within three
years, and my sisters Alsina & Eliza their Hundred
Dollars each within four years, and my Brother Bish=
=op and Sister Sarah and James Clark within five
years.
Item 3d I hereby nominate and appoint my Nephews Clement
L. Boyd and George W. Boyd Executors of this my last
Will and Testament.
Item 4th I direct that if from death disability or other cause
the said Executors named fail to serve that my Broth=
=er Bishop Boyd be appointed in their place and I
ask that the Court issue Letter of Executorship and
that there be no Bond, Bail appraisement or sale
required of any of them.
In testimony whereof I hereunto set
my hand and seal this 21st day of September. A.D. 1885.
Witness
E.H. Dent. Henry Boyd {Seal}
F.P. Dent
We, E.H. Dent and Frank P. Dent here:
by certify that Henry Boyd signed the above as his
last Will and Testament in our presence and that we
signed the same at his request in his presence as
witnesses to the same the day and year above mentioned.
E.H. Dent
F.P. Dent
[corresponds to page 90 of Delaware County Will Records Vol. 8 1887-1890]
90
Henry Boyd's Will.
Boyd and George W Boyd all the real estate and person+
=al property of which I may be possessed at my decease
on the condition following.
To-witt: That they first pay all
my just debts and funeral expences and erect a good and sub=
=stantial iron fence around my Lot in the Trenton H
Cemetery, and pay my Brothers, George, John, Bishop
Harvey and Jasper each One Hundred Dollars,
and to my Sisters Mary A Sherman, Lucy Lewis,
Alsina Andrews, Eliza Perfect and Sarah Boyd each
One Hundred Dollars and to my Brother-in-law~
James Clark One Hundred Dollars.
Item 2nd I direct that my Executor or Executors pay Mary A.
Sherman and Lucy Lewis their One Hundred Dollars
each within one year after my decease, and that they
pay my Brother John and Jasper their Hundred Dol:
=lars each within two years and Brothers George &
Harvey their Hundred Dollars each within three
years, and my sisters Alsina & Eliza their Hundred
Dollars each within four years, and my Brother Bish=
=op and Sister Sarah and James Clark within five
years.
Item 3d I hereby nominate and appoint my Nephews Clement
L. Boyd and George W. Boyd Executors of this my last
Will and Testament.
Item 4th I direct that if from death disability or other cause
the said Executors named fail to serve that my Broth=
=er Bishop Boyd be appointed in their place and I
ask that the Court issue Letter of Executorship and
that there be no Bond, Bail appraisement or sale
required of any of them.
In testimony whereof I hereunto set
my hand and seal this 21st day of September. A.D. 1885.
Witness
E.H. Dent. Henry Boyd {Seal}
F.P. Dent
We, E.H. Dent and Frank P. Dent here:
by certify that Henry Boyd signed the above as his
last Will and Testament in our presence and that we
signed the same at his request in his presence as
witnesses to the same the day and year above mentioned.
E.H. Dent
F.P. Dent
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 157)
Description
[page 157]
[corresponds to page 91 of Delaware County Will Records Vol. 8 1887-1890]
91
John McCammon's Estate.
Journal Entry.
Sept. 15" 1887.
In the Matter of the Will of } In the Probate Court of
John McCammon, Deceased . } Delaware County . Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of John McCam-
mon, late of Kingston Township, in this County,
deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the
said Will be filed in this Court, and that due
and of the application to admit the same to probate and record
notice thereof, be given to Jane McCammon his widow
and Jemma Blaney Reuben P. McCammon - John C. Blaney=
Fanny Rogers - Henry C. Blaney - and Reuben McCam:
=mon Blaney heirs and next of kin of the Testator,
resident of the State of Ohio that said application
will be for hearing before this Court on the 26" day of
September. A.D. 1887. at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio} ss In Probate Court.
Delaware County }
In the Matter of the last Will
and Testament of John McCammon, deceased.
To Jane McCammon-
Reuben P. McCammon. John C. Blaney. Fanny
Rogers Henry C. Blaney . Reuben McCammon
Blaney
You are hereby notified that on the 15th day of
September. A.D. 1887. an instrument of writing, purport-
-ing to be the last Will and Testament of John Mc -
Cammon, late of Kingston Township, in said County .
deceased, was produced in open Court, and an application
to admit the same to probate was on the same day
made in said Court. Said application will be for
hearing before this Court on the 26th day of September
A.D. 1887. at 10 o'clock AM.
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 15" day of September.
A.D. 1887
Waiver.
{Seal} I, the undersigned heir of the within named
decedent, hereby waive further notice, and consent
to the probate of said Will.
Dated this 15" day of September A.D.1887. R.P. McCammon.
[corresponds to page 91 of Delaware County Will Records Vol. 8 1887-1890]
91
John McCammon's Estate.
Journal Entry.
Sept. 15" 1887.
In the Matter of the Will of } In the Probate Court of
John McCammon, Deceased . } Delaware County . Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of John McCam-
mon, late of Kingston Township, in this County,
deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the
said Will be filed in this Court, and that due
and of the application to admit the same to probate and record
notice thereof, be given to Jane McCammon his widow
and Jemma Blaney Reuben P. McCammon - John C. Blaney=
Fanny Rogers - Henry C. Blaney - and Reuben McCam:
=mon Blaney heirs and next of kin of the Testator,
resident of the State of Ohio that said application
will be for hearing before this Court on the 26" day of
September. A.D. 1887. at 10 o'clock A.M.,
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio} ss In Probate Court.
Delaware County }
In the Matter of the last Will
and Testament of John McCammon, deceased.
To Jane McCammon-
Reuben P. McCammon. John C. Blaney. Fanny
Rogers Henry C. Blaney . Reuben McCammon
Blaney
You are hereby notified that on the 15th day of
September. A.D. 1887. an instrument of writing, purport-
-ing to be the last Will and Testament of John Mc -
Cammon, late of Kingston Township, in said County .
deceased, was produced in open Court, and an application
to admit the same to probate was on the same day
made in said Court. Said application will be for
hearing before this Court on the 26th day of September
A.D. 1887. at 10 o'clock AM.
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 15" day of September.
A.D. 1887
Waiver.
{Seal} I, the undersigned heir of the within named
decedent, hereby waive further notice, and consent
to the probate of said Will.
Dated this 15" day of September A.D.1887. R.P. McCammon.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 158)
Description
[page 158]
[corresponds to page 92 of Delaware County Will Records Vol. 8 1887-1890]
92
John McCammon's Will
Return.
The State of Ohio} ss.
Delaware County. } R.P. McCammon being duly
sworn, says that on the 16" & 17"
days of September. A.D.1887. he served the within notice
by delivering a true copy thereof to the within named.
R.P. McCammon.
Subscribed in my presence and sworn to before me,
this 26" day of Sept. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Journal Entry.
Sept. 26" 1887.
In the Matter of the Will }
of John McCamon. Decd } Be it remembered, that here-
tofore, to-wit: on the 15" day
of September. A.D. 1887. an instrument of writing pur=
=porting to be the last Will and Testament of John Mc-
Cammon, late of Kingston Township in this County,
deceased, was produced in open Court for probate, and
was then filed. And, it now being shown to the satisfac=
=tion of the Court, that due notice of the filing of said
Will, and of the application to admit the same to probate
and record in this Court, has been given to Jane McCam=
=mon- his widow, Jemima J. Blaney - Reuben P.
McCammon - John C. Blaney - Fanny Rogers-
Henry C. Blaney Reuben McCammon Blaney -
heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court;
therefore, on this day came Henry Clark, one of the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will Which testimony was reduced to writing,
by him subscribed, and filed with said Will.
A. Wheeler, the other subscribing witness to said
Will, being unable to attend said hearing this
cause is continued until the 7" day of November. A.D.
1887.
Rufus Carpenter
Probate Judge
[corresponds to page 92 of Delaware County Will Records Vol. 8 1887-1890]
92
John McCammon's Will
Return.
The State of Ohio} ss.
Delaware County. } R.P. McCammon being duly
sworn, says that on the 16" & 17"
days of September. A.D.1887. he served the within notice
by delivering a true copy thereof to the within named.
R.P. McCammon.
Subscribed in my presence and sworn to before me,
this 26" day of Sept. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Journal Entry.
Sept. 26" 1887.
In the Matter of the Will }
of John McCamon. Decd } Be it remembered, that here-
tofore, to-wit: on the 15" day
of September. A.D. 1887. an instrument of writing pur=
=porting to be the last Will and Testament of John Mc-
Cammon, late of Kingston Township in this County,
deceased, was produced in open Court for probate, and
was then filed. And, it now being shown to the satisfac=
=tion of the Court, that due notice of the filing of said
Will, and of the application to admit the same to probate
and record in this Court, has been given to Jane McCam=
=mon- his widow, Jemima J. Blaney - Reuben P.
McCammon - John C. Blaney - Fanny Rogers-
Henry C. Blaney Reuben McCammon Blaney -
heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court;
therefore, on this day came Henry Clark, one of the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will Which testimony was reduced to writing,
by him subscribed, and filed with said Will.
A. Wheeler, the other subscribing witness to said
Will, being unable to attend said hearing this
cause is continued until the 7" day of November. A.D.
1887.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 159)
Description
[page 159]
[corresponds to page 93 of Delaware County Will Records Vol. 8 1887-1890]
93
John McCammon's Will
Probate of Will.
In Probate Court } In the Matter of proving
Delaware County, Ohio. } the last Will and Testament.
of John McCammon, Deceased.
The State of Ohio } ss.
Delaware County } Henry Clark, being duly sworn
and examined as a witness in the
above entitled matter, says; I was present at the exe=
=cution of the instrument now shown to me, bearing
date the 14th day of June. A.D. 1887. and offered for
probate as the last Will and Testament of John Mc-
Cammon, late of Kingston Township, in said County,
of Delaware, deceased, and saw the said John Mc-
Cammon, now deceased, sign and seal said instrument,
and heard him acknowledge the same to be his last
Will and Testament; and I, thereupon, at his request,
and in his presence, subscribed my name to the same
as a witness. The said decedent, at the time of mak=
=ing, signing and sealing said instrument, was of full
age, of sound mind and memory, and not under any re=
=straint.
Henry Clark.
Sworn to and subscribed by said witness in open Court
this 26th day of September. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
The State of Ohio } ss
Delaware County } A. Wheeler, being duly sworn and ex=
=amined as a witness in the above
entitled matter, says; I was present at the execution of
the instrument now shown to me, bearing date the 14"
day of June. A.D. 1887. and offered for probate as the last
Will and Testament of John McCammon, late of
Kingston Township, in said County of Delaware, de=
ceased, and saw the said John McCammon, now de=
ceased, sign and seal said instrument, and heard him
acknowledge the same to be his last Will and Testa=
=ment, and I, thereupon, at his request, and in his presence,
subscribed my name to the same as a witness. The said
decedent, at the time of making, signing and sealing said
instrument, was of full age, of sound mind and memory,
and not under any restraint.
A. Wheeler.
Sworn to and subscribed by said witness in open Court,
this 7" day of November. A.D 1887.
Rufus Carpenter
{Seal} Probate Judge.
[corresponds to page 93 of Delaware County Will Records Vol. 8 1887-1890]
93
John McCammon's Will
Probate of Will.
In Probate Court } In the Matter of proving
Delaware County, Ohio. } the last Will and Testament.
of John McCammon, Deceased.
The State of Ohio } ss.
Delaware County } Henry Clark, being duly sworn
and examined as a witness in the
above entitled matter, says; I was present at the exe=
=cution of the instrument now shown to me, bearing
date the 14th day of June. A.D. 1887. and offered for
probate as the last Will and Testament of John Mc-
Cammon, late of Kingston Township, in said County,
of Delaware, deceased, and saw the said John Mc-
Cammon, now deceased, sign and seal said instrument,
and heard him acknowledge the same to be his last
Will and Testament; and I, thereupon, at his request,
and in his presence, subscribed my name to the same
as a witness. The said decedent, at the time of mak=
=ing, signing and sealing said instrument, was of full
age, of sound mind and memory, and not under any re=
=straint.
Henry Clark.
Sworn to and subscribed by said witness in open Court
this 26th day of September. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
The State of Ohio } ss
Delaware County } A. Wheeler, being duly sworn and ex=
=amined as a witness in the above
entitled matter, says; I was present at the execution of
the instrument now shown to me, bearing date the 14"
day of June. A.D. 1887. and offered for probate as the last
Will and Testament of John McCammon, late of
Kingston Township, in said County of Delaware, de=
ceased, and saw the said John McCammon, now de=
ceased, sign and seal said instrument, and heard him
acknowledge the same to be his last Will and Testa=
=ment, and I, thereupon, at his request, and in his presence,
subscribed my name to the same as a witness. The said
decedent, at the time of making, signing and sealing said
instrument, was of full age, of sound mind and memory,
and not under any restraint.
A. Wheeler.
Sworn to and subscribed by said witness in open Court,
this 7" day of November. A.D 1887.
Rufus Carpenter
{Seal} Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 160)
Description
[page 160]
[corresponds to page 94 of Delaware County Will Records Vol. 8 1887-1890]
94
John McCammon's Will.
Journal Entry.
Nov. 7" 1887.
In the Matter of the Will }
of John McCammon, Decd }
This day came A Wheeler,
the other subscribing witness to said Will of John
McCammon, deceased, in open Court and was duly
sworn and examined according to law, and his testimony
therein was reduced to writing and filed. ~~~~~~~
Whereupon the court finds that the aforesaid instr-
=ment of writing is the last Will and Testament
of said John McCammon, deceased. That the same
was duly executed and attested; and that the said Tes=
tator, at the time of making signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is therefore, by the court
ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge
Copy of Will.
In the name of the great benevolent Father of all
I John McCammon of Kingston Township, Dela=
ware County. State of Ohio, being of sound mind and
memory do make this my last Will and Testament
in manner and form as follow. to-wit:
Item 1st I do give and bequeath to my faithful and beloved
wife Jane McCammon all my real estate and per-
=sonal property in Kingston Township of every descrip=
=tion to have and to hold during her natural life.
Item 2nd After the death of my wife I give and bequeath to
my Grandson John C. Blaney Fifty one acres of
land in Kingston Township, being west half of lot
No 8 who is charged with the payment of the follow=
=ing legaces to-wit: One hundred Dollars to his
mother Jemima J. Blaney one year after the death
of my wife (without interest) Also One Hundred Dol=
lars to Mrs. Fanny Rogers two years after the death
of my wife (without interest) Also Twenty five Dol.
lars to my son Reuben Potter McCammon to be
paid three years after the death of my wife. without
[corresponds to page 94 of Delaware County Will Records Vol. 8 1887-1890]
94
John McCammon's Will.
Journal Entry.
Nov. 7" 1887.
In the Matter of the Will }
of John McCammon, Decd }
This day came A Wheeler,
the other subscribing witness to said Will of John
McCammon, deceased, in open Court and was duly
sworn and examined according to law, and his testimony
therein was reduced to writing and filed. ~~~~~~~
Whereupon the court finds that the aforesaid instr-
=ment of writing is the last Will and Testament
of said John McCammon, deceased. That the same
was duly executed and attested; and that the said Tes=
tator, at the time of making signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is therefore, by the court
ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge
Copy of Will.
In the name of the great benevolent Father of all
I John McCammon of Kingston Township, Dela=
ware County. State of Ohio, being of sound mind and
memory do make this my last Will and Testament
in manner and form as follow. to-wit:
Item 1st I do give and bequeath to my faithful and beloved
wife Jane McCammon all my real estate and per-
=sonal property in Kingston Township of every descrip=
=tion to have and to hold during her natural life.
Item 2nd After the death of my wife I give and bequeath to
my Grandson John C. Blaney Fifty one acres of
land in Kingston Township, being west half of lot
No 8 who is charged with the payment of the follow=
=ing legaces to-wit: One hundred Dollars to his
mother Jemima J. Blaney one year after the death
of my wife (without interest) Also One Hundred Dol=
lars to Mrs. Fanny Rogers two years after the death
of my wife (without interest) Also Twenty five Dol.
lars to my son Reuben Potter McCammon to be
paid three years after the death of my wife. without
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 161)
Description
[page 161]
[corresponds to page 95 of Delaware County Will Records Vol. 8 1887-1890]
95
John McCammon's Will.
interest.
Item 3d I do give and bequeath after the death of my wife to
my grandsons Henry C. Blaney and Reuben McCam=
=mon Blaney fifty acres of land being the east
half of lot No. 7 in Kingston Township to be equaly
divided between them. Also 4 acres off from east
of lot No 8 in Kingston township to be equally di=
vided between them (intended for an outlet)
Item 4th I do give and bequeath to my wife my House and lot
in Eden authorizing her to sell or dispose of it in
any manner she choses and she is hereby charged with
the payment of all lawful claims.
Item 5th I do give and bequeath to my daughter Jemima J. Bla=
ney (after the death of my wife) ten acres of land
in Kingston Township the same land conveyed to
me by W.B. Blaney and Jemima J. Blaney his wife
by deed of May second eighteen hundred and eighty
five. For a more particular description see records of
Deeds. Volume Eighty five (85) Page 591. Five hundred
and ninety one in Recorders office in Delaware. Ohio.
I hereby nominate and appoint my wife Jane McCammon
(without Bond) executor of this my last Will and
Testament.
In Testimony whereof I have hereunto set my
hand and seal this Fourteenth (14) day of June in
the year of our Lord eighteen hundred and eighty
seven (1887)
John McCammon. {Seal}
Signed and acknowledged by the aforesaid John Mc-
Cammon as his last Will and Testament in our pres=
=ence and by us signed in his presence.
A. Wheeler.
Henry Clark.
[corresponds to page 95 of Delaware County Will Records Vol. 8 1887-1890]
95
John McCammon's Will.
interest.
Item 3d I do give and bequeath after the death of my wife to
my grandsons Henry C. Blaney and Reuben McCam=
=mon Blaney fifty acres of land being the east
half of lot No. 7 in Kingston Township to be equaly
divided between them. Also 4 acres off from east
of lot No 8 in Kingston township to be equally di=
vided between them (intended for an outlet)
Item 4th I do give and bequeath to my wife my House and lot
in Eden authorizing her to sell or dispose of it in
any manner she choses and she is hereby charged with
the payment of all lawful claims.
Item 5th I do give and bequeath to my daughter Jemima J. Bla=
ney (after the death of my wife) ten acres of land
in Kingston Township the same land conveyed to
me by W.B. Blaney and Jemima J. Blaney his wife
by deed of May second eighteen hundred and eighty
five. For a more particular description see records of
Deeds. Volume Eighty five (85) Page 591. Five hundred
and ninety one in Recorders office in Delaware. Ohio.
I hereby nominate and appoint my wife Jane McCammon
(without Bond) executor of this my last Will and
Testament.
In Testimony whereof I have hereunto set my
hand and seal this Fourteenth (14) day of June in
the year of our Lord eighteen hundred and eighty
seven (1887)
John McCammon. {Seal}
Signed and acknowledged by the aforesaid John Mc-
Cammon as his last Will and Testament in our pres=
=ence and by us signed in his presence.
A. Wheeler.
Henry Clark.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 162)
Description
[page 162]
[corresponds to page 96 of Delaware County Will Records Vol. 8 1887-1890]
96
Nancy Dudgeon Estate.
Journal Entry.
Nov. 10th 1887
In the Matter of the Will } In the Probate Court of
of Nancy Dudgeon. Decd } Delaware County. Ohio
This day, an instrument of writing, purporting to be
the last Will and Testament of Nancy Dudgeon, late of
Berkshire Township, in this County, deceased, was
produced in open Court for Probate; On Considera=
=tion whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of
the application to admit the same to probate and record,
be given to Lucy Allen, next of kin of the Testatrix,
resident of the State of Ohio. (Abram Dudgeon, wid=
ower of said Testatrix having entered his appearance
herein and consented to the probate of said Will.)
that said application will be for hearing before this
Court on the 17th" day of November. A.D. 1887. at 1 o'clock
A.M.,
Rufus Carpenter
Probate Judge.
Waiver.
I, the undersigned heir of the within named decedent,
hereby waive further notice, and consent to the probate
of said Will.
Abram Dudgeon.
Dated this 10" day of November. A.D. 1887.
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and Tes=
=tament of Nancy Dudgeon deceased.
To Lucy Allen:
You are hereby notified that on the 10" day of November.
A.D. 1887, an instrument of writing, purporting to be the
last Will and Testament of Nancy Dudgeon, late of
Berkshire, Township, in said County, deceased. was
produced in open Court, and an application to admit
the same to probate was on the same day made in
said Court. Said application will be for hearing be=
fore this Court on the 17" day of November. A.D. 1887.
at 1 o'clock. P M.,
Rufus Carpenter. Probate Judge.
[corresponds to page 96 of Delaware County Will Records Vol. 8 1887-1890]
96
Nancy Dudgeon Estate.
Journal Entry.
Nov. 10th 1887
In the Matter of the Will } In the Probate Court of
of Nancy Dudgeon. Decd } Delaware County. Ohio
This day, an instrument of writing, purporting to be
the last Will and Testament of Nancy Dudgeon, late of
Berkshire Township, in this County, deceased, was
produced in open Court for Probate; On Considera=
=tion whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of
the application to admit the same to probate and record,
be given to Lucy Allen, next of kin of the Testatrix,
resident of the State of Ohio. (Abram Dudgeon, wid=
ower of said Testatrix having entered his appearance
herein and consented to the probate of said Will.)
that said application will be for hearing before this
Court on the 17th" day of November. A.D. 1887. at 1 o'clock
A.M.,
Rufus Carpenter
Probate Judge.
Waiver.
I, the undersigned heir of the within named decedent,
hereby waive further notice, and consent to the probate
of said Will.
Abram Dudgeon.
Dated this 10" day of November. A.D. 1887.
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will and Tes=
=tament of Nancy Dudgeon deceased.
To Lucy Allen:
You are hereby notified that on the 10" day of November.
A.D. 1887, an instrument of writing, purporting to be the
last Will and Testament of Nancy Dudgeon, late of
Berkshire, Township, in said County, deceased. was
produced in open Court, and an application to admit
the same to probate was on the same day made in
said Court. Said application will be for hearing be=
fore this Court on the 17" day of November. A.D. 1887.
at 1 o'clock. P M.,
Rufus Carpenter. Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 163)
Description
[page 163]
[corresponds to page 97 of Delaware County Will Records Vol. 8 1887-1890]
97
Nancy Dudgeon's Estate.
Dated at Delaware Ohio, this 10" day of November
A.D. 1887.
{Seal}
Return.
The State of Ohio } ss
Delaware County } Abram Dudgeon, being truly sworn,
says that on the 14" day of Nov.
A.D. 1887. he served the within notice by delivering a
true copy thereof to the within named Lucy Allen.
Abram Dudgeon.
Subscribed in my presence and sworn to before me this
17" day of Nov. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
Thomas J. Williams and Adele E. Williams, the subscrib=
=ing witnesses to the last Will and Testament of Nancy
Dudgeon, late of Berkshire Township in said Dela=
=ware County, deceased; who being duly sworn accord=
=ing to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of
said Will, depose and say: That the paper before them
bearing date the 12" day of January. A.D. 1887. purporting
to be the last Will and Testament of Nancy Dud=
=geon, now deceased, is the Will of said deceased, Nancy
Dudgeon, that they were present at the execution of
said Will, and at the request of the Testatrix, respect=
ively subscribed their names to the same as witnesses,
in her presence; that they saw the said Nancy Dud=
=geon, deceased sign and seal said Will, and heard
her acknowledge the same to be her last Will and
Testament, and that the said Nancy Dudgeon at the
time of making, signing and sealing said Will . was
of full age, of sound mind and memory, and not under
any restraint.
Thomas J. Williams
Addie E. Williams
Sworn to and subscribed by said witnesses, in open
Court, this 17" day of Nov. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
[corresponds to page 97 of Delaware County Will Records Vol. 8 1887-1890]
97
Nancy Dudgeon's Estate.
Dated at Delaware Ohio, this 10" day of November
A.D. 1887.
{Seal}
Return.
The State of Ohio } ss
Delaware County } Abram Dudgeon, being truly sworn,
says that on the 14" day of Nov.
A.D. 1887. he served the within notice by delivering a
true copy thereof to the within named Lucy Allen.
Abram Dudgeon.
Subscribed in my presence and sworn to before me this
17" day of Nov. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
Thomas J. Williams and Adele E. Williams, the subscrib=
=ing witnesses to the last Will and Testament of Nancy
Dudgeon, late of Berkshire Township in said Dela=
=ware County, deceased; who being duly sworn accord=
=ing to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of
said Will, depose and say: That the paper before them
bearing date the 12" day of January. A.D. 1887. purporting
to be the last Will and Testament of Nancy Dud=
=geon, now deceased, is the Will of said deceased, Nancy
Dudgeon, that they were present at the execution of
said Will, and at the request of the Testatrix, respect=
ively subscribed their names to the same as witnesses,
in her presence; that they saw the said Nancy Dud=
=geon, deceased sign and seal said Will, and heard
her acknowledge the same to be her last Will and
Testament, and that the said Nancy Dudgeon at the
time of making, signing and sealing said Will . was
of full age, of sound mind and memory, and not under
any restraint.
Thomas J. Williams
Addie E. Williams
Sworn to and subscribed by said witnesses, in open
Court, this 17" day of Nov. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 164)
Description
[page 164]
[corresponds to page 98 of Delaware County Will Records Vol. 8 1887-1890]
98
Nancy Dudgeon's Estate.
Journal Entry.
Nov. 17" 1887.
In the Matter of the Will |
of Nancy Dudgeon. Decd |
Be it remembered, that
heretofore, to-wit: on the 10th day November. A.D.
1887. an instrument of writing, purporting to be the
last Will and Testament of Nancy Dudgeon, late
of Berkshire Township, in this County, deceased,
was produced in open Court for probate, and was
then filed. And, it now being shown to the satis=
=faction of the Court, that due notice of the filing
of said Will, and of the application to admit the
same to probate and record in this Court, has been
given to Lucy Allen, next of kin of the Testatrix,
resident of the State of Ohio, pursuant to a former
order of this Court; therefore, on this day came
Thomas J. Williams and Addie E. Williams, the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation
of said Will. Which testimony was reduced to
writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last
Will and Testament of said Nancy Dudgeon, de=
=ceased. That the same was duly executed and attested
and that the said Testatrix, at the time of making,
signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
It is therefore, by the Court ordered, that the
said Will be admitted to probate, and that the same,
together with the testimony of the witnesses above named,
as well as the proceedings had thereon, be entered of
record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
I Nancy Dudgeon of the Village of Sunbury,
Delaware County Ohio do hereby make and publish
this my last Will and Testament.
First:
I give and bequeath to my beloved husband
Abram Dudgeon. my property consisting of One
house and lot Situated in Sunbury - Del - Co-
[corresponds to page 98 of Delaware County Will Records Vol. 8 1887-1890]
98
Nancy Dudgeon's Estate.
Journal Entry.
Nov. 17" 1887.
In the Matter of the Will |
of Nancy Dudgeon. Decd |
Be it remembered, that
heretofore, to-wit: on the 10th day November. A.D.
1887. an instrument of writing, purporting to be the
last Will and Testament of Nancy Dudgeon, late
of Berkshire Township, in this County, deceased,
was produced in open Court for probate, and was
then filed. And, it now being shown to the satis=
=faction of the Court, that due notice of the filing
of said Will, and of the application to admit the
same to probate and record in this Court, has been
given to Lucy Allen, next of kin of the Testatrix,
resident of the State of Ohio, pursuant to a former
order of this Court; therefore, on this day came
Thomas J. Williams and Addie E. Williams, the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation
of said Will. Which testimony was reduced to
writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last
Will and Testament of said Nancy Dudgeon, de=
=ceased. That the same was duly executed and attested
and that the said Testatrix, at the time of making,
signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
It is therefore, by the Court ordered, that the
said Will be admitted to probate, and that the same,
together with the testimony of the witnesses above named,
as well as the proceedings had thereon, be entered of
record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
I Nancy Dudgeon of the Village of Sunbury,
Delaware County Ohio do hereby make and publish
this my last Will and Testament.
First:
I give and bequeath to my beloved husband
Abram Dudgeon. my property consisting of One
house and lot Situated in Sunbury - Del - Co-
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 165)
Description
[page 165]
[corresponds to page 99 of Delaware County Will Records Vol. 8 1887-1890]
99
Nancy Dudgeon's Estate.
Ohio, and valued at One thousand Dollars ($1000.)
He being privellaged to sell or dispose of the same.
Second:
I further will that should my sister Lucy
Allen be living at my husband's death, that he
give to her, One thousand Dollars worth of his
real estate - in Lieu of this my house and lot.
Third:
Should my sister Lucy Allen not be living
at my husbands death, then the One thousand
Dollars worth of his property is requested by me to
be given to Florence J. Henry and her children.
Fourth:
I request that no appraisement be made of
any part of my effects, or estate, and that the probate
Judge, will direct that no appraisement be made, or
sale of the same.
Fifth:
I hereby nominate and appoint my husband Abram
Dudgeon the executor of this my last Will and Tes=
-tament, and request him to see that the provisions of
the same be carried into effect.
Sixth:
I hereby revoke all former will by me made.
Witness my hand this 12" day of January. A.D.
1887.
Nancy Dudgeon.
Signed and acknowledged by said Nancy Dudgeon
as her last Will and Testament, in our presence and
signed by us in her presence and at her request.
Thomas J Williams
Addie E. Williams
[corresponds to page 99 of Delaware County Will Records Vol. 8 1887-1890]
99
Nancy Dudgeon's Estate.
Ohio, and valued at One thousand Dollars ($1000.)
He being privellaged to sell or dispose of the same.
Second:
I further will that should my sister Lucy
Allen be living at my husband's death, that he
give to her, One thousand Dollars worth of his
real estate - in Lieu of this my house and lot.
Third:
Should my sister Lucy Allen not be living
at my husbands death, then the One thousand
Dollars worth of his property is requested by me to
be given to Florence J. Henry and her children.
Fourth:
I request that no appraisement be made of
any part of my effects, or estate, and that the probate
Judge, will direct that no appraisement be made, or
sale of the same.
Fifth:
I hereby nominate and appoint my husband Abram
Dudgeon the executor of this my last Will and Tes=
-tament, and request him to see that the provisions of
the same be carried into effect.
Sixth:
I hereby revoke all former will by me made.
Witness my hand this 12" day of January. A.D.
1887.
Nancy Dudgeon.
Signed and acknowledged by said Nancy Dudgeon
as her last Will and Testament, in our presence and
signed by us in her presence and at her request.
Thomas J Williams
Addie E. Williams
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 166)
Description
[page 166]
[corresponds to page 100 of Delaware County Will Records Vol. 8 1887-1890]
100
Burton Moore's Estate.
Application for Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
In the Matter of the Last } Application
Will and Testament of Bur: } to
=ton Moore, Deceased. } Admit to Probate.
To the Hon. Rufus Carpenter, Judge of the Probate Court
in and for said County:
Your petitioner respectfully rep=
=resents that Burton Moore, late a resident of the
Township of Berkshire in said County, died on or
about the 26" day of Nov. A.D. 1887. leaving an instru=
=ment in writing, hereto attached, purporting to be his
last Will and Testament. That the said Burton
Moore died leaving the following named persons his
only next of kin resident of this State of Ohio.
Name Degree of Kinship P.O. Addresses.
Abbie A. Kimball. Daughter Sunbury O.
Bertha L. Culver Grand Daughter "
Arthur M. Culver " Son "
Your petitioner prays that a time may be fixed for the
proving of said Will, and that said above named per=
=sons may be notified according to law of the pending
of said proceedings
Otis H. Kimball
The foregoing application was signed in my presence
and sworn to before me this 28" day of Nov. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Waiver.
We the undersigned heirs of the within named
decedent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 28" day of Nov. A.D. 1887.
Abbie A. Kimball
Bertha L. Culver
Arthur M. Culver-
by Edward Culver their father
[corresponds to page 100 of Delaware County Will Records Vol. 8 1887-1890]
100
Burton Moore's Estate.
Application for Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
In the Matter of the Last } Application
Will and Testament of Bur: } to
=ton Moore, Deceased. } Admit to Probate.
To the Hon. Rufus Carpenter, Judge of the Probate Court
in and for said County:
Your petitioner respectfully rep=
=resents that Burton Moore, late a resident of the
Township of Berkshire in said County, died on or
about the 26" day of Nov. A.D. 1887. leaving an instru=
=ment in writing, hereto attached, purporting to be his
last Will and Testament. That the said Burton
Moore died leaving the following named persons his
only next of kin resident of this State of Ohio.
Name Degree of Kinship P.O. Addresses.
Abbie A. Kimball. Daughter Sunbury O.
Bertha L. Culver Grand Daughter "
Arthur M. Culver " Son "
Your petitioner prays that a time may be fixed for the
proving of said Will, and that said above named per=
=sons may be notified according to law of the pending
of said proceedings
Otis H. Kimball
The foregoing application was signed in my presence
and sworn to before me this 28" day of Nov. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Waiver.
We the undersigned heirs of the within named
decedent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 28" day of Nov. A.D. 1887.
Abbie A. Kimball
Bertha L. Culver
Arthur M. Culver-
by Edward Culver their father
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 167)
Description
[page 167]
[corresponds to page 101 of Delaware County Will Records Vol. 8 1887-1890]
101
Burton Moore's Will.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
T.F. Blakely and R.D. Robinson the subscribing
witnesses to the last Will and Testament of Burton
Moore, late of Berkshire Township, in said Delaware
County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said
Will, depose and say: That the paper before them
bearing date the 19" day of October. A.D. 1887, pur=
=porting to be the last Will and Testament of Burton
Moore, now deceased, is the Will of said deceased.
Burton Moore. that they were present at the execution
of said Will, and at the request of the Testator re=
=spectively subscribed their names to the same as
witnesses, in his presence; that they saw the said
Burton Moore, deceased sign and seal said Will
and heard him acknowledge the same to be his last
Will and Testament, and that the said Burton Moore
at the time of making, signing and sealing said
Will was of full age of sound mind and memory,
and not under any restraint.
T.F. Blakely
R.D. Robinson
Sworn to and subscribed by said witnesses, in open
Court, this 29" day of Nov. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Journal Entry.
Nov. 29th 1887.
In the Matter of the Will } In the Probate Court of
of Burton Moore. Decd } Delaware County. Ohio
This day, an instrument of writing, purporting to
be the last Will and Testament of Burton Moore, late
of Berkshire Township, in the County, deceased,
was produced in open Court for Probate, On consid-
=eration whereof, it is ordered that the said Will be
filed in this Court. And, it now being shown to
the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit
the same to probate and record in this Court has
been given to Abbie A. Kimball , Bertha L. Culver.
and Arthur M. Culver heirs and next of kin of the
Testator, resident of the State of Ohio, And thereupon
[corresponds to page 101 of Delaware County Will Records Vol. 8 1887-1890]
101
Burton Moore's Will.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
T.F. Blakely and R.D. Robinson the subscribing
witnesses to the last Will and Testament of Burton
Moore, late of Berkshire Township, in said Delaware
County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said
Will, depose and say: That the paper before them
bearing date the 19" day of October. A.D. 1887, pur=
=porting to be the last Will and Testament of Burton
Moore, now deceased, is the Will of said deceased.
Burton Moore. that they were present at the execution
of said Will, and at the request of the Testator re=
=spectively subscribed their names to the same as
witnesses, in his presence; that they saw the said
Burton Moore, deceased sign and seal said Will
and heard him acknowledge the same to be his last
Will and Testament, and that the said Burton Moore
at the time of making, signing and sealing said
Will was of full age of sound mind and memory,
and not under any restraint.
T.F. Blakely
R.D. Robinson
Sworn to and subscribed by said witnesses, in open
Court, this 29" day of Nov. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Journal Entry.
Nov. 29th 1887.
In the Matter of the Will } In the Probate Court of
of Burton Moore. Decd } Delaware County. Ohio
This day, an instrument of writing, purporting to
be the last Will and Testament of Burton Moore, late
of Berkshire Township, in the County, deceased,
was produced in open Court for Probate, On consid-
=eration whereof, it is ordered that the said Will be
filed in this Court. And, it now being shown to
the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit
the same to probate and record in this Court has
been given to Abbie A. Kimball , Bertha L. Culver.
and Arthur M. Culver heirs and next of kin of the
Testator, resident of the State of Ohio, And thereupon
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 168)
Description
[page 168]
[corresponds to page 102 of Delaware County Will Records Vol. 8 1887-1890]
102
Burton Moore's Estate.
came T.F. Blakely and R.D. Robinson the subscrib=
=ing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing , by
them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instru=
-ment of writing is the last Will and Testament of
said Burton Moore, deceased. That the same was
duly executed and attested; and that the said Testator
at the time of making, signing and sealing, said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate.
and that the same, together with the testimony of the
witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In the Name of The Benevolent Father of All.
I Burton Moore of Sunbury Delaware County
Ohio, being of sound mind and retentive memory do
make and publish this my last Will and Testament.
Item First:~ I give and devise to my granddaughter Bertha
L. Culver, one hundred (100) acres of land off of the
North side of my Home farm of 156 acres, situated
in Berkshire township Delaware County, Ohio,
and being parts of Lots Nos. 3 & 4 in Section one (1)
township 4. and Range 17. during her natural life, and
in the same shall go to her heirs; Said hundred
to be cut off of the North side of my Home Farm
by a line commencing at the public Road on the
East side of my said Home Farm at a point to
be ascertained, so that by running west therefrom to
Prairie Run, thence up Prairie Run to the West
line of said Home Farm will cut off just one
hundred acres, and so that no part of said one hun=
=dred acres hereby devised to Bertha L. Culver
shall lie south or west of Prairie Run.
Item Second:~ I give and devise to my daughter Abbie Kim=
=ball, now the wife of Otis H. Kimball and her
heirs the balance of my said Home Farm and
being about fifty six (56) acres of the South part
of said Home Farm, including the buildings:
I also give and devise to my said daughter,
[corresponds to page 102 of Delaware County Will Records Vol. 8 1887-1890]
102
Burton Moore's Estate.
came T.F. Blakely and R.D. Robinson the subscrib=
=ing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing , by
them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instru=
-ment of writing is the last Will and Testament of
said Burton Moore, deceased. That the same was
duly executed and attested; and that the said Testator
at the time of making, signing and sealing, said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate.
and that the same, together with the testimony of the
witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In the Name of The Benevolent Father of All.
I Burton Moore of Sunbury Delaware County
Ohio, being of sound mind and retentive memory do
make and publish this my last Will and Testament.
Item First:~ I give and devise to my granddaughter Bertha
L. Culver, one hundred (100) acres of land off of the
North side of my Home farm of 156 acres, situated
in Berkshire township Delaware County, Ohio,
and being parts of Lots Nos. 3 & 4 in Section one (1)
township 4. and Range 17. during her natural life, and
in the same shall go to her heirs; Said hundred
to be cut off of the North side of my Home Farm
by a line commencing at the public Road on the
East side of my said Home Farm at a point to
be ascertained, so that by running west therefrom to
Prairie Run, thence up Prairie Run to the West
line of said Home Farm will cut off just one
hundred acres, and so that no part of said one hun=
=dred acres hereby devised to Bertha L. Culver
shall lie south or west of Prairie Run.
Item Second:~ I give and devise to my daughter Abbie Kim=
=ball, now the wife of Otis H. Kimball and her
heirs the balance of my said Home Farm and
being about fifty six (56) acres of the South part
of said Home Farm, including the buildings:
I also give and devise to my said daughter,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 169)
Description
[page 169]
[corresponds to page 103 of Delaware County Will Records Vol. 8 1887-1890]
103
Burton Moore's Will
Abbie Kimball, and her heirs, all that certain
tract of about 97¼ acres of land, be the same more
or less lying West and South of my said "Home
Farm," and situated in the same Township,
County and State, and being East part of Lot No5.
in Section one (1). Township four (4), and Range Seven:
=teen (17).
Item Third:~ I give and devise to my grandson Arthur M.
Culver what is known as my "Carpenter Farm"
situated in Berkshire Township Delaware County
Ohio, and containing one hundred and eight and 3/10
(108 3/10) acres of land, and being part of Lot No. Six
(6) in Section one (1) Township four (4) and Range
Seventeen (17) during his natural life, and then the
same shall go to his heirs.
Item Fourth:~ It is my Will and I do hereby direct, authorize
and empower my Executor hereinafter named, whom
I do hereby also appoint a trustee for that purpose,
at my decease, to take the charge, possession and
control of the lands hereinbefore, by me devised to
my said grand children Bertha L. and Arthur M.
Culver, until such times as they respectively come
of age: And I do hereby further direct and author=
=ize my Executor to rent said lands to the best ad=
=vantage, for cash rent, and not allow any timber to
be sold off of said premises, nor any waste commit-
ted thereon, but to keep said lands in good repairs
and out of the proceeds arising from the rents and
profits of said land, pay the taxes thereon and for
all necessary repairs, and the balance of said rents,
I direct and authorize my Executor to pay to E.T.
Culver for the use benefit and maintenance of my
said grand children Bertha L. and Arthur M. Culver,
provided and so long as said E.T. Culver, suitably
and properly provides for and maintains his said child=
=ren Bertha L. and Arthur M. Culver, without mak=
=ing and other charge or claim on their estate there=
for, than the rents of said lands herein devised
to them after the payment of taxed and repairs
as herein provided ~ as the rents of said lands
should be amply sufficient to suitably provide for
and maintain said children:
It is my will and I hereby direct my Executor
to rent the 100 acres herein devised to Bertha L.
Culver, to my friend Rudolph Shaver whom
I desire to have the care, supervision and manage=
=ment of said 100 acres, until Bertha L. Culver
[corresponds to page 103 of Delaware County Will Records Vol. 8 1887-1890]
103
Burton Moore's Will
Abbie Kimball, and her heirs, all that certain
tract of about 97¼ acres of land, be the same more
or less lying West and South of my said "Home
Farm," and situated in the same Township,
County and State, and being East part of Lot No5.
in Section one (1). Township four (4), and Range Seven:
=teen (17).
Item Third:~ I give and devise to my grandson Arthur M.
Culver what is known as my "Carpenter Farm"
situated in Berkshire Township Delaware County
Ohio, and containing one hundred and eight and 3/10
(108 3/10) acres of land, and being part of Lot No. Six
(6) in Section one (1) Township four (4) and Range
Seventeen (17) during his natural life, and then the
same shall go to his heirs.
Item Fourth:~ It is my Will and I do hereby direct, authorize
and empower my Executor hereinafter named, whom
I do hereby also appoint a trustee for that purpose,
at my decease, to take the charge, possession and
control of the lands hereinbefore, by me devised to
my said grand children Bertha L. and Arthur M.
Culver, until such times as they respectively come
of age: And I do hereby further direct and author=
=ize my Executor to rent said lands to the best ad=
=vantage, for cash rent, and not allow any timber to
be sold off of said premises, nor any waste commit-
ted thereon, but to keep said lands in good repairs
and out of the proceeds arising from the rents and
profits of said land, pay the taxes thereon and for
all necessary repairs, and the balance of said rents,
I direct and authorize my Executor to pay to E.T.
Culver for the use benefit and maintenance of my
said grand children Bertha L. and Arthur M. Culver,
provided and so long as said E.T. Culver, suitably
and properly provides for and maintains his said child=
=ren Bertha L. and Arthur M. Culver, without mak=
=ing and other charge or claim on their estate there=
for, than the rents of said lands herein devised
to them after the payment of taxed and repairs
as herein provided ~ as the rents of said lands
should be amply sufficient to suitably provide for
and maintain said children:
It is my will and I hereby direct my Executor
to rent the 100 acres herein devised to Bertha L.
Culver, to my friend Rudolph Shaver whom
I desire to have the care, supervision and manage=
=ment of said 100 acres, until Bertha L. Culver
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 170)
Description
[page 170]
[corresponds to page 104 of Delaware County Will Records Vol. 8 1887-1890]
104
Burton Moore's Will.
arrives of age. and pay the rent therefor to my Ex=
=ecutor. ~ I make this request because I think
said Shaver would know best how to manage
said 100 acres, and would take good care thereof.
Item Fifth:~ The rest and residue of my real estate, consisting
of about 42 acres of land which I recently purchas=
=ed of B.W. Bell and lying immediately North
of that part of my Carpenter Farm that lies
East of the Public Road. Said 42 acres being
part of Lot No. 6 in Sec. one (1) Tp. 4. and Range
17. And my undivided one seventh interest in West
part of lot No 25 in Village of Sunbury on
which Farmers Bank is situated, And my
undivided one-half interest in about 8 acres of
land in Lot No. 19. in Sec. 4. Tp. 4. and Range
17. and My Bank Stock, I order and direct to
be sold and the proceeds arising from the Sale
thereof, together with the proceeds arising from the
sale of all my personal property of every kind and
description (except certain house hold goods and
furniture in my House on my "Carpenter Farm"
which I have given to my said grand-children )
I give and devise to my daughter Abbie Kimball, and
my said grand children Bertha L. and Arthur M.
Culver in the following proportion, to-wit:
To my said daughter Abbie Kimball the one half
thereof, after the payment of all of my just debts =
And to my said grand children Bertha L. and Arthur
M. Culver, the other half thereof - one fourth to each,
after the payment of my just debts.
Item Sixth:~ It is my will that in case my daughter Abbie
Kimball - shall die intestate, the real and personal
property herein, by me, devised and bequeathed to her,
shall descend to and be inherited by her husband
Otis H. Kimball.
Item Seventh:~ I do hereby nominate and appoint my esteemed friend
and son-in-law Otis H. Kimball, Executor of this
my last Will and Testament, hereby authorizing and
empowering him to compromise adjust, release and
discharge in such manner as he may deem proper
the debts and claims due me: I do also hereby au=
thorize and empower him to sell at private sale, or
in such manner upon such terms of credit, or other=
=wise as he may think proper, my undivided one sev=
=enth interest in the West part of lot No. 25 in the
Village of Sunbury on which Farmers Bank is
[corresponds to page 104 of Delaware County Will Records Vol. 8 1887-1890]
104
Burton Moore's Will.
arrives of age. and pay the rent therefor to my Ex=
=ecutor. ~ I make this request because I think
said Shaver would know best how to manage
said 100 acres, and would take good care thereof.
Item Fifth:~ The rest and residue of my real estate, consisting
of about 42 acres of land which I recently purchas=
=ed of B.W. Bell and lying immediately North
of that part of my Carpenter Farm that lies
East of the Public Road. Said 42 acres being
part of Lot No. 6 in Sec. one (1) Tp. 4. and Range
17. And my undivided one seventh interest in West
part of lot No 25 in Village of Sunbury on
which Farmers Bank is situated, And my
undivided one-half interest in about 8 acres of
land in Lot No. 19. in Sec. 4. Tp. 4. and Range
17. and My Bank Stock, I order and direct to
be sold and the proceeds arising from the Sale
thereof, together with the proceeds arising from the
sale of all my personal property of every kind and
description (except certain house hold goods and
furniture in my House on my "Carpenter Farm"
which I have given to my said grand-children )
I give and devise to my daughter Abbie Kimball, and
my said grand children Bertha L. and Arthur M.
Culver in the following proportion, to-wit:
To my said daughter Abbie Kimball the one half
thereof, after the payment of all of my just debts =
And to my said grand children Bertha L. and Arthur
M. Culver, the other half thereof - one fourth to each,
after the payment of my just debts.
Item Sixth:~ It is my will that in case my daughter Abbie
Kimball - shall die intestate, the real and personal
property herein, by me, devised and bequeathed to her,
shall descend to and be inherited by her husband
Otis H. Kimball.
Item Seventh:~ I do hereby nominate and appoint my esteemed friend
and son-in-law Otis H. Kimball, Executor of this
my last Will and Testament, hereby authorizing and
empowering him to compromise adjust, release and
discharge in such manner as he may deem proper
the debts and claims due me: I do also hereby au=
thorize and empower him to sell at private sale, or
in such manner upon such terms of credit, or other=
=wise as he may think proper, my undivided one sev=
=enth interest in the West part of lot No. 25 in the
Village of Sunbury on which Farmers Bank is
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 171)
Description
[page 171]
[corresponds to page 105 of Delaware County Will Records Vol. 8 1887-1890]
105
Burton Moore's Will.
situated, Also my half interest in said 8 acres of
land, hereinbefore described, And also said 42
acres of land, lying immediately north of that
part of my Carpenter Farm that lies East of
the public road, and being part of Lot No. 6. in
Sec. 1. Tp. 4. and Range 17. as hereinbefore described,
and deeds to purchasers to execute, acknowledge
and deliver in fee sample.
I do also authorize and empower my said Executor
to sell either at public auction or private sale, or in such
manner upon such terms of credit, or otherwise as
he may think proper any or all of my personal
property, including Bank Stock, and all personal
property belonging to me at my decease, and out of the
proceeds arising from the sale of said real estate and
personal property, pay all my just debts, funeral ex=
penses and costs of administration, and the balance
I hereby direct my said Executor to pay as as
hereinbefore devised - to-wit:
The one half thereof to my daughter Abbie Kimball=
The one-fourth thereof to my grand daughter Bertha
L. Culver, and the other fourth thereof to my grand-
son, Arthur M. Culver - they respectively arrive
at their majority.
And I do hereby further direct authorize and empower
my said Executor, whom I do also hereby appoint
trustee for that purpose to invest and hold the said
shares of said Bertha L. and Arthur M. Culver, and
pay the same and the increase thereof. and pay each
ones share to her & him when they respectively come
of age.
And I do further authorize and empower my
said Executor and Trustee, if in his opinion it be=
=come necessary and for the best interest of my said
grandchildren, to use a portion of the said share of
each, to suitably maintain and educate them during
their minority, hereby giving to my said Executor
and Trustee full authority and discretion in the
premises: And I do hereby enjoin my said
Executor to faithfully carry out, so far as is in his
power lies the directions purposes and intentions of
this my last Will and Testament, and especially
my bequests and requests as to my said grand - chil=
dren. If my said Executor should not live un=
=til my said grandchildren come of age, I do
hereby request the Probate Judge to appoint some
suitable and capable person who will faithfully
and carefully carry out the provisions of this my
last Will and Testament.
[corresponds to page 105 of Delaware County Will Records Vol. 8 1887-1890]
105
Burton Moore's Will.
situated, Also my half interest in said 8 acres of
land, hereinbefore described, And also said 42
acres of land, lying immediately north of that
part of my Carpenter Farm that lies East of
the public road, and being part of Lot No. 6. in
Sec. 1. Tp. 4. and Range 17. as hereinbefore described,
and deeds to purchasers to execute, acknowledge
and deliver in fee sample.
I do also authorize and empower my said Executor
to sell either at public auction or private sale, or in such
manner upon such terms of credit, or otherwise as
he may think proper any or all of my personal
property, including Bank Stock, and all personal
property belonging to me at my decease, and out of the
proceeds arising from the sale of said real estate and
personal property, pay all my just debts, funeral ex=
penses and costs of administration, and the balance
I hereby direct my said Executor to pay as as
hereinbefore devised - to-wit:
The one half thereof to my daughter Abbie Kimball=
The one-fourth thereof to my grand daughter Bertha
L. Culver, and the other fourth thereof to my grand-
son, Arthur M. Culver - they respectively arrive
at their majority.
And I do hereby further direct authorize and empower
my said Executor, whom I do also hereby appoint
trustee for that purpose to invest and hold the said
shares of said Bertha L. and Arthur M. Culver, and
pay the same and the increase thereof. and pay each
ones share to her & him when they respectively come
of age.
And I do further authorize and empower my
said Executor and Trustee, if in his opinion it be=
=come necessary and for the best interest of my said
grandchildren, to use a portion of the said share of
each, to suitably maintain and educate them during
their minority, hereby giving to my said Executor
and Trustee full authority and discretion in the
premises: And I do hereby enjoin my said
Executor to faithfully carry out, so far as is in his
power lies the directions purposes and intentions of
this my last Will and Testament, and especially
my bequests and requests as to my said grand - chil=
dren. If my said Executor should not live un=
=til my said grandchildren come of age, I do
hereby request the Probate Judge to appoint some
suitable and capable person who will faithfully
and carefully carry out the provisions of this my
last Will and Testament.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 172)
Description
[page 172]
[corresponds to page 106 of Delaware County Will Records Vol. 8 1887-1890]
106
Burton Moore's Will.
I do hereby revoke all former Wills by me made.
In Testimony hereof I have hereunto set my
hand and seal this 19th day of October. A.D. 1887.
Burton Moore {Seal}
Signed and acknowledged by said Burton Moore
as his last Will and Testament in our presence
and signed by us at his request in his presence.
T.F. Blakely
R.D. Robinson.
[corresponds to page 106 of Delaware County Will Records Vol. 8 1887-1890]
106
Burton Moore's Will.
I do hereby revoke all former Wills by me made.
In Testimony hereof I have hereunto set my
hand and seal this 19th day of October. A.D. 1887.
Burton Moore {Seal}
Signed and acknowledged by said Burton Moore
as his last Will and Testament in our presence
and signed by us at his request in his presence.
T.F. Blakely
R.D. Robinson.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 173)
Description
[page 173]
[corresponds to page 107 of Delaware County Will Records Vol. 8 1887-1890]
107
John Robert's Will.
Journal Entry.
Dec. 27th" 1887.
In the Matter of the Will } In the Probate Court of
of John Roberts, deceased.} Delaware County, Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of John Roberts,
late of Genoa Township, in this County, deceased
was produced in open Court for Probate; On con=
=sideration whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and
of the application to admit the same to probate, and
record, be given to Mary Bryant. Pruella Whitney
and Euretta Thrall, next of kin of the Testator,
resident of the State of Ohio, that said application
will be for hearing before this Court on the 30th~"
day of December. A.D. 1887. at one o'clock. P.M.
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss} In the Matter of the last Will
and Testament of John Roberts, deceased.
To Mary Bryant -
Pruella Whitney and Euretta Thrall.
You are hereby notified
that on the 27th day of December. A.D. 1887, an
instrument of writing, purporting to be the last Will
and Testament of John Roberts, late of Genoa
Township in said County, deceased, was produced
in open Court on the 30" day of December. A.D. 1887,
at 1 o'clock P.M.
Rufus Carpenter
{Seal} Probate Judge
Dated at Delaware Ohio, this 27" day of
December. A.D. 1887.
Return.
The State of Ohio } ss
Delaware County } ss George J. Roberts, being duly
sworn, says that on the 28th day
[corresponds to page 107 of Delaware County Will Records Vol. 8 1887-1890]
107
John Robert's Will.
Journal Entry.
Dec. 27th" 1887.
In the Matter of the Will } In the Probate Court of
of John Roberts, deceased.} Delaware County, Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of John Roberts,
late of Genoa Township, in this County, deceased
was produced in open Court for Probate; On con=
=sideration whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and
of the application to admit the same to probate, and
record, be given to Mary Bryant. Pruella Whitney
and Euretta Thrall, next of kin of the Testator,
resident of the State of Ohio, that said application
will be for hearing before this Court on the 30th~"
day of December. A.D. 1887. at one o'clock. P.M.
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss} In the Matter of the last Will
and Testament of John Roberts, deceased.
To Mary Bryant -
Pruella Whitney and Euretta Thrall.
You are hereby notified
that on the 27th day of December. A.D. 1887, an
instrument of writing, purporting to be the last Will
and Testament of John Roberts, late of Genoa
Township in said County, deceased, was produced
in open Court on the 30" day of December. A.D. 1887,
at 1 o'clock P.M.
Rufus Carpenter
{Seal} Probate Judge
Dated at Delaware Ohio, this 27" day of
December. A.D. 1887.
Return.
The State of Ohio } ss
Delaware County } ss George J. Roberts, being duly
sworn, says that on the 28th day
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 174)
Description
[page 174]
[corresponds to page 108 of Delaware County Will Records Vol. 8 1887-1890]
108
John Roberts' Will
of December. A.D. he served the within notice by
delivering a true copy thereof to the within named
Mary Bryant - Pruella Whitney and Euretta
Thrall.
George J Roberts.
Subscribed in my presence and sworn to before me,
this 30th day of Dec. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Testimony of Geo. W. Hughes.
In Probate Court } In the Matter of proving the last
Delaware County, Ohio } Will and Testament of John Roberts.
Deceased.
The State of Ohio }
Delaware County, Ohio, ss } Geo. W. Hughes, being duly sworn
and examined as a witness, in
the above entitled matter, says; I was present at the
execution of the instrument now shown to me, bearing
date the 13th day of October. A.D. 1886. and offered
for probate as the last Will and Testament of John
Roberts, late of Genoa Township, in said County,
of Delaware, deceased, and saw the said John Roberts,
now deceased, sign and seal said instrument and heard
him acknowledge the same to be his last Will and
Testament; and I thereupon, at his request, and in
his presence, subscribed my name to the same as
a witness. The said decedent, at the time of making,
signing and sealing said instrument, was of full age,
of sound mind and memory, and not under any restraint.
Geo. W. Hughes.
Sworn to and subscribed by said witness in open
Court, this 30" day of December. A.D. 1887.
Rufus Carpenter
Probate Judge.
Journal Entry.
Dec. 30th 1887
In the Matter of the Will }
of John Roberts, deceased.} Be it remembered, that hereto=
fore, to-wit: on the 27" day of
December. A.D. 1887. an instrument of writing, purporting
to be the last Will and Testament of John Roberts,
late of Genoa Township, in this County, deceased,
was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of
the Court, that due notice of the filing of said Will,
[corresponds to page 108 of Delaware County Will Records Vol. 8 1887-1890]
108
John Roberts' Will
of December. A.D. he served the within notice by
delivering a true copy thereof to the within named
Mary Bryant - Pruella Whitney and Euretta
Thrall.
George J Roberts.
Subscribed in my presence and sworn to before me,
this 30th day of Dec. 1887.
Rufus Carpenter
{Seal} Probate Judge.
Testimony of Geo. W. Hughes.
In Probate Court } In the Matter of proving the last
Delaware County, Ohio } Will and Testament of John Roberts.
Deceased.
The State of Ohio }
Delaware County, Ohio, ss } Geo. W. Hughes, being duly sworn
and examined as a witness, in
the above entitled matter, says; I was present at the
execution of the instrument now shown to me, bearing
date the 13th day of October. A.D. 1886. and offered
for probate as the last Will and Testament of John
Roberts, late of Genoa Township, in said County,
of Delaware, deceased, and saw the said John Roberts,
now deceased, sign and seal said instrument and heard
him acknowledge the same to be his last Will and
Testament; and I thereupon, at his request, and in
his presence, subscribed my name to the same as
a witness. The said decedent, at the time of making,
signing and sealing said instrument, was of full age,
of sound mind and memory, and not under any restraint.
Geo. W. Hughes.
Sworn to and subscribed by said witness in open
Court, this 30" day of December. A.D. 1887.
Rufus Carpenter
Probate Judge.
Journal Entry.
Dec. 30th 1887
In the Matter of the Will }
of John Roberts, deceased.} Be it remembered, that hereto=
fore, to-wit: on the 27" day of
December. A.D. 1887. an instrument of writing, purporting
to be the last Will and Testament of John Roberts,
late of Genoa Township, in this County, deceased,
was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of
the Court, that due notice of the filing of said Will,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 175)
Description
[page 175]
[corresponds to page 109 of Delaware County Will Records Vol. 8 1887-1890]
109
John Roberts' Will
and of the application to admit the same to probate
and record in this Court, has been given to
Mary Bryant - Pruella Whitney - Euretta Thrall
heirs and next of kin of the Testator, resident of
the State of Ohio, pursuant to a former order of this
Court; therefore, on this day came Geo. W. Hughes
one of the subscribing witnesses to said Will, who
being duly sworn, testified to the due execution and
attestation of said Will. Which testimony was re=
=duced to writing ~~~ by him subscribed, and
filed with said Will.
And it appearing that W.E. Linabary, the other
subscribing witness, to said Will, is sick and unable
to attend said hearing, it is therefore ordered that
a commission, with the Will annexed, issue herein
to John Q. Adams of Galena, O. directing him
to take the deposition of said subscribing witness
and return the same duly certified, with all conven=
ient speed to this Court.
Rufus Carpenter
Probate Judge.
Commission to
Take Testimony of Witness to Will.
The State of Ohio } ss. To J.Q. Adams. Greeting:
Delaware County. }
Know Ye, That we, in confi=
=dence 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 W.E.
Linabary subscribing witness to the last Will and
Testament of John Roberts hereto annexed, late of
the County of Delaware, in the State of Ohio,
deceased; and therefore we command you, that at cer=
=tain days and places appointed by you, you cause the
said W.E. Linabury to be brought before you, and
then and there to examine him on oath or affirma=
tion first taken before you, touching the due execution
of said Will of the said John Roberts, and that
you reduce such examination to writing, and return
the same, together with this Commission and the
Will of the said John Roberts thereto annexed,
closed up under your seal, into our said Probate
Court, with all convenient speed.
In Testimony
Whereof, I, Rufus Carpenter, Judge of the said
Court, have hereunto set my hand and affixed
[corresponds to page 109 of Delaware County Will Records Vol. 8 1887-1890]
109
John Roberts' Will
and of the application to admit the same to probate
and record in this Court, has been given to
Mary Bryant - Pruella Whitney - Euretta Thrall
heirs and next of kin of the Testator, resident of
the State of Ohio, pursuant to a former order of this
Court; therefore, on this day came Geo. W. Hughes
one of the subscribing witnesses to said Will, who
being duly sworn, testified to the due execution and
attestation of said Will. Which testimony was re=
=duced to writing ~~~ by him subscribed, and
filed with said Will.
And it appearing that W.E. Linabary, the other
subscribing witness, to said Will, is sick and unable
to attend said hearing, it is therefore ordered that
a commission, with the Will annexed, issue herein
to John Q. Adams of Galena, O. directing him
to take the deposition of said subscribing witness
and return the same duly certified, with all conven=
ient speed to this Court.
Rufus Carpenter
Probate Judge.
Commission to
Take Testimony of Witness to Will.
The State of Ohio } ss. To J.Q. Adams. Greeting:
Delaware County. }
Know Ye, That we, in confi=
=dence 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 W.E.
Linabary subscribing witness to the last Will and
Testament of John Roberts hereto annexed, late of
the County of Delaware, in the State of Ohio,
deceased; and therefore we command you, that at cer=
=tain days and places appointed by you, you cause the
said W.E. Linabury to be brought before you, and
then and there to examine him on oath or affirma=
tion first taken before you, touching the due execution
of said Will of the said John Roberts, and that
you reduce such examination to writing, and return
the same, together with this Commission and the
Will of the said John Roberts thereto annexed,
closed up under your seal, into our said Probate
Court, with all convenient speed.
In Testimony
Whereof, I, Rufus Carpenter, Judge of the said
Court, have hereunto set my hand and affixed
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 176)
Description
[page 176]
[corresponds to page 110 of Delaware County Will Records Vol. 8 1887-1890]
110
John Roberts' Will.
the seal of said Court at Delaware, this 30th
day of December. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Deposition of Witness to Will.
The State of Ohio } ss
Delaware County } In the matter of the last Will and
Testament of John Roberts ~~
Personally appeared before me J.Q. Adams, Com=
missioner, W.E. Linabary subscribing witness to
the last Will and Testament of John Roberts, late
of Genoa Township in said Delaware County, deceas=
=ed, who being by me first duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said
Will, depose and say: That he was present at the
execution of the paper before him bearing date the 13"
day of October. A.D. 1886. purporting to be the last
Will and Testament of John Roberts now deceased.
whose name is signed at the end thereof, and at
the request of said deceased, subscribed his name
to the same as witness in his presence; that he saw
the said John Roberts in his presence; that he saw
and heard him acknowledge the same to be his
last Will and Testament, and that the said John
Roberts at the time of making, signing, and sealing
said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint.
W.E. Linabary.
The State of Ohio }
Delaware County. ss} I, J.Q. Adams, duly appointed
and commissioned by the Judge
of the Probate Court, of the County of Delaware and
the State of Ohio, to take the testimony of W.E.
Linabary, subscribing witness to the last Will and
Testament of John Roberts deceased, late a res-
=ident of said County and State, which Commission,
and the said Will are hereto annexed, do hereby
certify that in pursuance of said Commission I
caused the above named W.E. Linabary sub=
=scribing witness as aforesaid to appear before me
at Galena on the 30th day of December. 1887,
that he was first duly sworn by me, according
to law, to speak the truth, the whole truth, and
[corresponds to page 110 of Delaware County Will Records Vol. 8 1887-1890]
110
John Roberts' Will.
the seal of said Court at Delaware, this 30th
day of December. A.D. 1887.
Rufus Carpenter
{Seal} Probate Judge
Deposition of Witness to Will.
The State of Ohio } ss
Delaware County } In the matter of the last Will and
Testament of John Roberts ~~
Personally appeared before me J.Q. Adams, Com=
missioner, W.E. Linabary subscribing witness to
the last Will and Testament of John Roberts, late
of Genoa Township in said Delaware County, deceas=
=ed, who being by me first duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said
Will, depose and say: That he was present at the
execution of the paper before him bearing date the 13"
day of October. A.D. 1886. purporting to be the last
Will and Testament of John Roberts now deceased.
whose name is signed at the end thereof, and at
the request of said deceased, subscribed his name
to the same as witness in his presence; that he saw
the said John Roberts in his presence; that he saw
and heard him acknowledge the same to be his
last Will and Testament, and that the said John
Roberts at the time of making, signing, and sealing
said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint.
W.E. Linabary.
The State of Ohio }
Delaware County. ss} I, J.Q. Adams, duly appointed
and commissioned by the Judge
of the Probate Court, of the County of Delaware and
the State of Ohio, to take the testimony of W.E.
Linabary, subscribing witness to the last Will and
Testament of John Roberts deceased, late a res-
=ident of said County and State, which Commission,
and the said Will are hereto annexed, do hereby
certify that in pursuance of said Commission I
caused the above named W.E. Linabary sub=
=scribing witness as aforesaid to appear before me
at Galena on the 30th day of December. 1887,
that he was first duly sworn by me, according
to law, to speak the truth, the whole truth, and
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 177)
Description
[page 177]
[corresponds to page 111 of Delaware County Will Records Vol. 8 1887-1890]
John Robert's Will.
nothing but the truth; that I examined him in
relation to the execution of said Will, and reduced
his testimony to writing as above set forth in his
presence and that he signed the same in my
presence, and I further certify that I am not Coun=
=sel, Attorney or Relative of any of the parties name
in said Will, or otherwise interested in the
Probate thereof.
In witness whereof, I have here-
unto set my hand , this 30" day of December.
A.D. 1887.
J.Q. Adams. J.P.
Commissioner.
Journal Entry.
Jany 3d 1888.
In the Matter of the Will of |
John Roberts, deceased. | The commission hereto=
fore issued herein to
take the testimony of W.E. Linabary, one of the
subscribing witnesses to the Will of said John
Roberts, deceased, was this day returned duly
executed and the same was filed herein.
And it appearing to the Court from the examin-
ation of the former witness and from the deposition
of the said W.E. Linabary, that the aforesaid in=
=strument of writing is the last Will and Testament
of said John Roberts, deceased. That the same was
duly executed and attested; and that the said Tes=
=tator, at the time of making, signing and sealing said
Will, was of full age. of sound mind and memory,
and not under any restraint. It is, therefore, by
the Court ordered that the said Will be admitted
to probate, and that the same together with the
testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record
in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all,
I John Roberts of the township of Genoa,
County of Delaware and State of Ohio, do make
and publish this my last Will and Testament.
Item 1st It is my Will that my just debts and all charges.
[corresponds to page 111 of Delaware County Will Records Vol. 8 1887-1890]
John Robert's Will.
nothing but the truth; that I examined him in
relation to the execution of said Will, and reduced
his testimony to writing as above set forth in his
presence and that he signed the same in my
presence, and I further certify that I am not Coun=
=sel, Attorney or Relative of any of the parties name
in said Will, or otherwise interested in the
Probate thereof.
In witness whereof, I have here-
unto set my hand , this 30" day of December.
A.D. 1887.
J.Q. Adams. J.P.
Commissioner.
Journal Entry.
Jany 3d 1888.
In the Matter of the Will of |
John Roberts, deceased. | The commission hereto=
fore issued herein to
take the testimony of W.E. Linabary, one of the
subscribing witnesses to the Will of said John
Roberts, deceased, was this day returned duly
executed and the same was filed herein.
And it appearing to the Court from the examin-
ation of the former witness and from the deposition
of the said W.E. Linabary, that the aforesaid in=
=strument of writing is the last Will and Testament
of said John Roberts, deceased. That the same was
duly executed and attested; and that the said Tes=
=tator, at the time of making, signing and sealing said
Will, was of full age. of sound mind and memory,
and not under any restraint. It is, therefore, by
the Court ordered that the said Will be admitted
to probate, and that the same together with the
testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record
in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all,
I John Roberts of the township of Genoa,
County of Delaware and State of Ohio, do make
and publish this my last Will and Testament.
Item 1st It is my Will that my just debts and all charges.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 178)
Description
[corresponds to page 112 of Delaware County Will Records Vol. 8 1887-1890]
112
John Robert's Will.
and the expense of inscribing the record of my birth
and death on the monument now standing at the
grave of my deceased wife be paid out of my estate,
Item 2nd I devise and bequeath to my oldest daughter Mary
Bryant my horse buggy and harness which I
may have at my decease.
Item 3rd It is my will that the proceeds of my estate after
paying my debts and settling up my estate be equally
divided between my three daughters Mary Bryant -
Pruella Whitney and Euretta Thrall.
Item 4th I do hereby nominate and appoint George J. Roberts
Executor of this my last Will and Testament here=
=by authorizing and empowering him to compromise ad=
=just and discharge in such manner as he shall
deem proper the debts and claims due me. I do
also authorize and empower him to sell by private
sale or in such manner upon such terms of credit
or otherwise as he may think proper all my real
estate and deed to purchaser to execute and ac=
=knowledge and deliver in fee simple.
I do hereby revoke
all former wills by me made.
In testimony hereof I have
hereunto set my hand and seal this 13th day of
October in the year 1886.
John Roberts {Seal}
Signed and acknowledged by said
John Roberts as his last Will
and Testament in our presence
and signed by us in his presence.
Geo. W. Hughes
W.E. Linabary.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 179)
Description
[corresponds to page 113 of Delaware County Will Records Vol. 8 1887-1890]
113
Augustus A. Welch' Will.
Journal Entry.
Dec. 16th 1887.
In the Matter of the Will of } In the Probate Court of
Augustus A. Welch, Deceased. } Delaware County. Ohio.
This day an instrument of writing, purporting to
be the last Will and Testament of Augustus A.
Welch, late of Delaware City, in this County
deceased, was produced in open Court for Probate;
On consideration Whereof, it is ordered that the
said Will be filed in this Court, and that
due notice thereof, and of the application to admit
the same to probate and record, be given to ~~
William O. Welch - Philena B. Tallman ~
Henry A. Welch - Ralph Welch - Edward
Welch - Fanny S. Welch - heirs and next of
kin of the Testator, resident of the State of Ohio,
that said application will be for hearing before
this Court on the 19th day of December. A.D.
1887. at 10 o'clock.A.M.
Rufus Carpenter
Probate Judge.
Waiver.
I, the undersigned, heir of the within named dece-
=dent, hereby waive further notice, and consent to
the probate of said Will.
Louie Welch.
Dated this 16" day of Dec. A.D. 1887.
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will
and Testament of Augustus A. Welch, deceased.
To William
O. Welch - Philena B. Tallman - Henry A. Welch -
Ralph R. Welch - Edward Welch - Fanny S.
Welch - Lewis Welch.
You are hereby notified that
on the 16" day of December. A.D. 1887. an instrument
of writing, purporting to be the last Will and Testament
of Augustus A. Welch, late of Delaware Township,
in said County, deceased, was produced in open
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 180)
Description
[corresponds to page 114 of Delaware County Will Records Vol. 8 1887-1890]
114
Augustus A. Welch' Will.
Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before
this Court on the 19th day of December A.D.
1887. at 10 o'clock A.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 16" day of De=
=cember, A.D. 1887.
{Seal}
Return.
The State of Ohio } ss
Delaware County } Louis Welch, being duly
sworn, says on the 16"
day of Dec. A.D. 1887. he served the within no=
=tice by delivering a true copy thereof to the within
named William O. Welch - Philena B. Tallman -
Henry A. Welch - Ralph R. Welch - Edward
Welch & Fanny S. Welch.
Louie Welch.
Subscribed in my presence and sworn to before me
this 4th day of Jan. 1888.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
Dec. 19th 1887.
In the Matter of the Will of }
Augustus A. Welch, decd } The hearing of this case
continued until the 4th
day of Jany. A.D. 1888.
Rufus Carpenter
Probate Judge.
Probate of Will.
The state of Ohio } ss. In Probate Court.
Delaware County }
Personally appeared in open
Court Henry S. Culver and Norman F. Overturf
the subscribing witnesses to the last Will and
Testament of Augustus A. Welch, late of Del=
=aware City, in said Delaware County. deceased;
who being duly sworn according to law, to speak the
truth, the whole truth and nothing but the truth,
in relation to the execution of said Will, depose
and say: That the paper before them bearing date
114
Augustus A. Welch' Will.
Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before
this Court on the 19th day of December A.D.
1887. at 10 o'clock A.M.
Rufus Carpenter
Probate Judge
Dated at Delaware Ohio, this 16" day of De=
=cember, A.D. 1887.
{Seal}
Return.
The State of Ohio } ss
Delaware County } Louis Welch, being duly
sworn, says on the 16"
day of Dec. A.D. 1887. he served the within no=
=tice by delivering a true copy thereof to the within
named William O. Welch - Philena B. Tallman -
Henry A. Welch - Ralph R. Welch - Edward
Welch & Fanny S. Welch.
Louie Welch.
Subscribed in my presence and sworn to before me
this 4th day of Jan. 1888.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
Dec. 19th 1887.
In the Matter of the Will of }
Augustus A. Welch, decd } The hearing of this case
continued until the 4th
day of Jany. A.D. 1888.
Rufus Carpenter
Probate Judge.
Probate of Will.
The state of Ohio } ss. In Probate Court.
Delaware County }
Personally appeared in open
Court Henry S. Culver and Norman F. Overturf
the subscribing witnesses to the last Will and
Testament of Augustus A. Welch, late of Del=
=aware City, in said Delaware County. deceased;
who being duly sworn according to law, to speak the
truth, the whole truth and nothing but the truth,
in relation to the execution of said Will, depose
and say: That the paper before them bearing date
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 181)
Description
[page 181]
[corresponds to page 115 of Delaware County Will Records Vol. 8 1887-1890]
115
Augustus A. Welch' Will.
the 29th day of January A. D. 1886. purporting to
be the last Will and Testament of Augustus A.
Welch now deceased, is the Will of said deceased
Augustus A. Welch, that they were present at
the execution of said Will, and at the request of
the Testator, respectively subscribed their names
to the same as witnesses, in his presence, that
they saw the said Augustus A. Welch deceased,
sign and seal said Will, and heard him acknowl=
=edge the same to be his last Will and Testament,
and that the said Augustus A. Welch at the
time of making, signing and sealing said Will
was of full age. of sound mind and memory, and
not under any restraint.
Henry S. Culver
Norman F. Overturf.
Sworn to and subscribed by said witnesses, in open
Court, this 4" day of January .A.D.1888.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
January 4" 1888.
In the Matter of the Will of }
Augustus A. Welch, decd~" } Be it remembered, that
heretofore, to-wit: on the
16th day of December. A.D. 1887, an instrument
of writing, purporting to be the last Will and
Testament of Augustus A. Welch, late of Delaware
City, in this County, deceased, was produced
in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court, has been given to --
William O. Welch. Philenna B. Tallman. Hen=
=ry A. Welch_ Ralph R. Welch - Edward Welch -
& Fanny Welch (Louie Welch having waived
notice) heirs and next of kin of the Testator, resi=
=dent of the State of Ohio, pursuant to a former
order of this Court; therefore, on this day came
Henry S. Culver and Norman F. Overturf the
subscribing witnesses to said Will, who being duly
sworn testified to the due execution and attestation
of said Will. Which testimony was reduced to
writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last
[corresponds to page 115 of Delaware County Will Records Vol. 8 1887-1890]
115
Augustus A. Welch' Will.
the 29th day of January A. D. 1886. purporting to
be the last Will and Testament of Augustus A.
Welch now deceased, is the Will of said deceased
Augustus A. Welch, that they were present at
the execution of said Will, and at the request of
the Testator, respectively subscribed their names
to the same as witnesses, in his presence, that
they saw the said Augustus A. Welch deceased,
sign and seal said Will, and heard him acknowl=
=edge the same to be his last Will and Testament,
and that the said Augustus A. Welch at the
time of making, signing and sealing said Will
was of full age. of sound mind and memory, and
not under any restraint.
Henry S. Culver
Norman F. Overturf.
Sworn to and subscribed by said witnesses, in open
Court, this 4" day of January .A.D.1888.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
January 4" 1888.
In the Matter of the Will of }
Augustus A. Welch, decd~" } Be it remembered, that
heretofore, to-wit: on the
16th day of December. A.D. 1887, an instrument
of writing, purporting to be the last Will and
Testament of Augustus A. Welch, late of Delaware
City, in this County, deceased, was produced
in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court, has been given to --
William O. Welch. Philenna B. Tallman. Hen=
=ry A. Welch_ Ralph R. Welch - Edward Welch -
& Fanny Welch (Louie Welch having waived
notice) heirs and next of kin of the Testator, resi=
=dent of the State of Ohio, pursuant to a former
order of this Court; therefore, on this day came
Henry S. Culver and Norman F. Overturf the
subscribing witnesses to said Will, who being duly
sworn testified to the due execution and attestation
of said Will. Which testimony was reduced to
writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 182)
Description
[corresponds to page 116 of Delaware County Will Records Vol. 8 1887-1890]
116
Augustus A. Welch' Will.
Will and Testament of said Augustus A. Welch
deceased. That the same was duly executed and
attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under
any restraint. It is, therefore, by the Court ordered,
that the said Will be admitted to probate, and
that the same, together with the testimony of the
witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All
I, Augustus A. Welch of Delaware, Delaware
County, Ohio being of a Sound and disposing mind
and memory do make and publish this my last will
and testament hereby revoking all former wills by me
at any time made.
First ~~ I direct that all my
just debts including funeral expenses and Expenses in=
=cident thereto and expenses of Administration be
paid.
Second:~ After the payment of the aforesaid debts and expenses
In consideration of the love and affection I have
for my children, namely William O. Welch - Phi=
=lena B. Tallman ~ Henry A. Welch_ Ralph
R. Welch - Edward Welch - Fanny S. Welch
and Lewie Welch. I give devise and bequeath un=
=to them my said heirs all my property by real
and personal. Excepting my household goods, to be
divided equally among them share and share alike,
Excepting, Five hundred Dollars shall be taken
from the Share of William O. Welch he having
heretofore received that Sum and the said Five
hundred Dollars to be equally divided among my
other five or six 6 children above named.
Third:~ I direct that in the division of said estate among
my said heirs, that my homestead on Franklin
St. in the City of Delaware shall be estimated
at the Sum of Two Thousand dollars. One thous=
=and of which shall apply on the share of my
son Lewie and the remaining One thousand to
apply on the Share of my daughter Fannie, and
I give and devise unto my said Son Lewie and
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 183)
Description
[page 183]
[corresponds to page 117 of Delaware County Will Records Vol. 8 1887-189
117
Augustus A. Welch' Will.
my said daughter Fannie, in equal Shares as
tenants in common my homestead in the City
of Delaware Ohio, absolutely (the same to be
estimated to them at the sum of two thousand
dollars as aforementioned) as long as they shall live
together, but should either of said heirs die or
abandon or leave said homestead, then the One so
left occupying the same shall have the same unto
himself absolutely & his heirs. or assigns.
Fourth - I give and devise unto my Son Lewie and my daughter
Fannie all my household goods each on equal shares.
Fifth - The balance of my real estate excepting the above
homestead may be sold at Public or private sale
or divided as my heirs should think best.
Sixth - I hereby name and appoint my son Lewie Welch
as executor of this my last will and testament.
In witness
whereof I have hereunder set my hand & seal this
29th day of January. A.D. 1886.
Augustus A. Welch. {Seal}
Signed by the said testator Augustus A. Welch
as and for his last will and testament in the pres=
=ence and in the presence of each other have subscribed
our names as attesting witnesses
Henry S. Culver. {Seal}
Norman F. Overturf. {Seal}
[corresponds to page 117 of Delaware County Will Records Vol. 8 1887-189
117
Augustus A. Welch' Will.
my said daughter Fannie, in equal Shares as
tenants in common my homestead in the City
of Delaware Ohio, absolutely (the same to be
estimated to them at the sum of two thousand
dollars as aforementioned) as long as they shall live
together, but should either of said heirs die or
abandon or leave said homestead, then the One so
left occupying the same shall have the same unto
himself absolutely & his heirs. or assigns.
Fourth - I give and devise unto my Son Lewie and my daughter
Fannie all my household goods each on equal shares.
Fifth - The balance of my real estate excepting the above
homestead may be sold at Public or private sale
or divided as my heirs should think best.
Sixth - I hereby name and appoint my son Lewie Welch
as executor of this my last will and testament.
In witness
whereof I have hereunder set my hand & seal this
29th day of January. A.D. 1886.
Augustus A. Welch. {Seal}
Signed by the said testator Augustus A. Welch
as and for his last will and testament in the pres=
=ence and in the presence of each other have subscribed
our names as attesting witnesses
Henry S. Culver. {Seal}
Norman F. Overturf. {Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 184)
Description
[page 184]
[corresponds to page 118 of Delaware County Will Records Vol. 8 1887-1890]
118
Sarah Van Deman's Will.
Journal Entry.
January 31st 1888.
In the Matter of the Will of } In the Probate Court of
Sarah Van Deman deceased. } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Sarah Van Deman,
late of Delaware City, in this County, deceased,
was produced in open Court for Probate; On Consid=
=eration Whereof, it is ordered that the said Will be
filed in this Court. And it appearing to the
Court that Emma Van Deman - Eliza A. Van
Deman - William H. Maltbie - Sarah W. Buck -
W.L. Van Deman and J.D. Van Deman - heirs and
legatees of the Testatrix, resident of the State of Ohio,
have waived notice and consented to the probate of said
Will. Therefore, on this day came Chas. O Little
(G.W. Darlinton having deceased) the subscribing wit=
=ness to said Will, and Julia G. Little and Chas. O.
Little the subscribing witnesses to the Codicil of said
Will, who being duly sworn, testified to the due exe=
=cution and attestation of said Will and Codicil. Which
testimony was reduced to writing, by them respectively
subscribed, and filed with said Will. ~~ And it ap=
=pearing that G. W. Darlinton, one of the subscribing
witnesses to said Will, is now deceased ~ thereupon
Henrie E. Buck and Homer M. Carper, appeared in
open Court, and were duly sworn and examined according
to law touching the genuineness of the signature of said
G.W. Darlinton, attached to said Will, and their tes=
=timony thereon was reduced to writing and filed.
Whereupon the Court finds, that the aforesaid instru=
=ment of writing is the last Will and Testament of said
Sarah Van Deman, deceased, That the same was
duly executed and attested, and that the said Testatrix,
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under
any restraint. It is, therefore, by the Court ordered,
that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be
entered of record in this Court.
Rufus Carpenter
Probate Judge
[corresponds to page 118 of Delaware County Will Records Vol. 8 1887-1890]
118
Sarah Van Deman's Will.
Journal Entry.
January 31st 1888.
In the Matter of the Will of } In the Probate Court of
Sarah Van Deman deceased. } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Sarah Van Deman,
late of Delaware City, in this County, deceased,
was produced in open Court for Probate; On Consid=
=eration Whereof, it is ordered that the said Will be
filed in this Court. And it appearing to the
Court that Emma Van Deman - Eliza A. Van
Deman - William H. Maltbie - Sarah W. Buck -
W.L. Van Deman and J.D. Van Deman - heirs and
legatees of the Testatrix, resident of the State of Ohio,
have waived notice and consented to the probate of said
Will. Therefore, on this day came Chas. O Little
(G.W. Darlinton having deceased) the subscribing wit=
=ness to said Will, and Julia G. Little and Chas. O.
Little the subscribing witnesses to the Codicil of said
Will, who being duly sworn, testified to the due exe=
=cution and attestation of said Will and Codicil. Which
testimony was reduced to writing, by them respectively
subscribed, and filed with said Will. ~~ And it ap=
=pearing that G. W. Darlinton, one of the subscribing
witnesses to said Will, is now deceased ~ thereupon
Henrie E. Buck and Homer M. Carper, appeared in
open Court, and were duly sworn and examined according
to law touching the genuineness of the signature of said
G.W. Darlinton, attached to said Will, and their tes=
=timony thereon was reduced to writing and filed.
Whereupon the Court finds, that the aforesaid instru=
=ment of writing is the last Will and Testament of said
Sarah Van Deman, deceased, That the same was
duly executed and attested, and that the said Testatrix,
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under
any restraint. It is, therefore, by the Court ordered,
that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be
entered of record in this Court.
Rufus Carpenter
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 185)
Description
[corresponds to page 119 of Delaware County Will Records Vol. 8 1887-1890]
119
Sarah Van Deman's Will.
Waiver.
We, the undersigned Heirs at Law, Legatees &
Devisees of the within named decedent , hereby waive
further notice , and consent to the probate of said
Will.
Dated this 30th day of January. A.D. 1888.
Emma Van Deman
Eliza A. Van Deman
William H. Maltbie
By S.B. Maltbie, Guardian.
Sarah W. Buck
W.S. Van Deman
J.D. Van Deman.
Probate of Will
The State of Ohio } ss. In Probate Court.
Delaware County }
Personally appeared in open Court
Chas. O. Little one (G.W Darlington the other witness
being deceased) the subscribing witnesses to the last
Will and Testament of Sarah Van Deman, late of
Delaware City in said Delaware County, deceased;
who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in
relation to the execution of said Will, disposes and says:
That the paper before him bearing date the 22d day of
July. A.D. 1880, purporting to be the last Will and Testa=
=ment of Sarah Van Deman, now deceased, is the last
Will of said deceased Sarah Van Deman, that he was
present at the execution of said Will, and at the request
of the Testatrix, subscribed his name to the same as
a witness, in her presence; that he saw the said Sarah
Van Deman, deceased sign and seal said Will, and heard
her acknowledge the same to be her last Will and Tes=
=tament, and that the said Sarah Van Deman at
the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint.
Chas. O. Little.
Sworn to and subscribed by said witness in open Court.
this 31" day of January. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 186)
Description
[page 186]
[corresponds to page 120 of Delaware County Will Records Vol. 8 1887-1890]
120
Proof of Signature of Witness to Will.
The State of Ohio }
Delaware County, ss.} Henrie E. Buck being duly
sworn, says that he was well
acquainted with G.W. Darlington who is now deceased,
that he was well acquainted with the hand writing of
the said G.W. Darlington, having often seen him
write, that the signature G.W. Darlington as subscrib=
-ing witness to the last Will and Testament of Sarah
Van Deman, deceased, is in the own proper hand
writing and signature of the said G.W. Darlington
who at the date of said Will was in full life, and
resided in Greenup, Kentucky.
Henrie E. Buck
Sworn to before me, and subscribed in my presence,
this 31st day of January A.D. 1888.
Rufus Carpenter
{seal} Probate Judge
The State of Ohio }
Delaware County, ss. } Homer M. Carper, being duly
sworn, says that he was well
acquainted with George W. Darlinton, who is now
deceased, that he was well acquainted with the hand
writing of the said George W. Darlinton, having often
seen him write, that the signature G.W. Darlinton as
subscribing witness to the last Will and Testament of
Sarah Van Deman, deceased, is in the own proper
hand writing and signature of the said G.W. Darlinton
who at the date of said Will was in full life, and re=
sided in Greenup Kentucky, Greenup County.
Homer M. Carper
Sworn to before, and subscribed in my presence, this
31st~ day of January. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge
Proof of Witnesses to Codicil to Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open
Court Julia G. Little and Chas. O. Little the sub=
=scribing witnesses to the Codicil to the last Will
and Testament of Sarah Van Deman, late of Delaware
City in said Delaware County, deceased; who
being duly sworn according to law, to speak the truth,
[corresponds to page 120 of Delaware County Will Records Vol. 8 1887-1890]
120
Proof of Signature of Witness to Will.
The State of Ohio }
Delaware County, ss.} Henrie E. Buck being duly
sworn, says that he was well
acquainted with G.W. Darlington who is now deceased,
that he was well acquainted with the hand writing of
the said G.W. Darlington, having often seen him
write, that the signature G.W. Darlington as subscrib=
-ing witness to the last Will and Testament of Sarah
Van Deman, deceased, is in the own proper hand
writing and signature of the said G.W. Darlington
who at the date of said Will was in full life, and
resided in Greenup, Kentucky.
Henrie E. Buck
Sworn to before me, and subscribed in my presence,
this 31st day of January A.D. 1888.
Rufus Carpenter
{seal} Probate Judge
The State of Ohio }
Delaware County, ss. } Homer M. Carper, being duly
sworn, says that he was well
acquainted with George W. Darlinton, who is now
deceased, that he was well acquainted with the hand
writing of the said George W. Darlinton, having often
seen him write, that the signature G.W. Darlinton as
subscribing witness to the last Will and Testament of
Sarah Van Deman, deceased, is in the own proper
hand writing and signature of the said G.W. Darlinton
who at the date of said Will was in full life, and re=
sided in Greenup Kentucky, Greenup County.
Homer M. Carper
Sworn to before, and subscribed in my presence, this
31st~ day of January. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge
Proof of Witnesses to Codicil to Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open
Court Julia G. Little and Chas. O. Little the sub=
=scribing witnesses to the Codicil to the last Will
and Testament of Sarah Van Deman, late of Delaware
City in said Delaware County, deceased; who
being duly sworn according to law, to speak the truth,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 187)
Description
[page 187]
[corresponds to page 121 of Delaware County Will Records Vol. 8 1887-1890]
121
Sarah Van Deman's Will.
the whole truth, and nothing but the truth, in rela=
=tion to the execution of said Codicil, depose and say:
That the paper before them bearing date the 22
day of June. A.D. 1882, purporting to be a codicil
to the last Will and Testament of Sarah Van De=
=man now deceased, is the codicil to the Will of
said deceased Sarah Van Deman, that they were
present at the execution of said codicil and at the
request of the Testatrix, respectively subscribed their
names to the same as witnesses, in her presence;
that they saw the said Sarah Van Deman deceased,
sign and seal said codicil and heard her acknowledged
the same to be a codicil to her last Will and Testa=
=ment, and that the said Sarah Van Deman at
the time of making, signing and sealing said codicil
was of full age, of sound mind and memory, and not
under any restraint.
Julia G. Little
Chas. O. Little
Sworn to and subscribed by said witnesses, in open
Court, this 31st day of January. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge.
Copy of Will.
In name of the Benevolent Father I Sarah Van
Deman of the City of Delaware Ohio being of
sound & disposing mind and memory and under no
restraint do make and publish this my last Will and
testament hereby revoking all former wills by me
made,
Item 1st I direct that all my just debts and funeral and the
expence of administering my estate be paid out of my
personal estate.
Item 2nd All the rest and residue of my estate that is the per=
=sonal estate except my household goods and kitchen
furniture I give and bequeath to my daughters Eliza
A Van Deman and Emily N. Van Deman, share and
share alike
Item 3rd I do hereby will and devise and bequeath unto my said
daughters Eliza A. Van Deman - Emily N. Van Deman
and my son W L Van Deman for and during their natur=
=al lives and during the life of the survivors of them
unless they should sooner marry, the following real
estate situated in the City of Delaware, County of
Delaware and State of Ohio and bounded as follows:
Beginning on the North side of north street at the
[corresponds to page 121 of Delaware County Will Records Vol. 8 1887-1890]
121
Sarah Van Deman's Will.
the whole truth, and nothing but the truth, in rela=
=tion to the execution of said Codicil, depose and say:
That the paper before them bearing date the 22
day of June. A.D. 1882, purporting to be a codicil
to the last Will and Testament of Sarah Van De=
=man now deceased, is the codicil to the Will of
said deceased Sarah Van Deman, that they were
present at the execution of said codicil and at the
request of the Testatrix, respectively subscribed their
names to the same as witnesses, in her presence;
that they saw the said Sarah Van Deman deceased,
sign and seal said codicil and heard her acknowledged
the same to be a codicil to her last Will and Testa=
=ment, and that the said Sarah Van Deman at
the time of making, signing and sealing said codicil
was of full age, of sound mind and memory, and not
under any restraint.
Julia G. Little
Chas. O. Little
Sworn to and subscribed by said witnesses, in open
Court, this 31st day of January. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge.
Copy of Will.
In name of the Benevolent Father I Sarah Van
Deman of the City of Delaware Ohio being of
sound & disposing mind and memory and under no
restraint do make and publish this my last Will and
testament hereby revoking all former wills by me
made,
Item 1st I direct that all my just debts and funeral and the
expence of administering my estate be paid out of my
personal estate.
Item 2nd All the rest and residue of my estate that is the per=
=sonal estate except my household goods and kitchen
furniture I give and bequeath to my daughters Eliza
A Van Deman and Emily N. Van Deman, share and
share alike
Item 3rd I do hereby will and devise and bequeath unto my said
daughters Eliza A. Van Deman - Emily N. Van Deman
and my son W L Van Deman for and during their natur=
=al lives and during the life of the survivors of them
unless they should sooner marry, the following real
estate situated in the City of Delaware, County of
Delaware and State of Ohio and bounded as follows:
Beginning on the North side of north street at the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 188)
Description
[page 188]
[corresponds to page 122 of Delaware County Will Records Vol. 8 1887-1890]
122
Sarah Van Deman's Will.
south west corner in the tract deeded by me to W.L.
Van Deman said deed dated July 21. 1880. thence
West on the north line of north street to the south
east corner of land deeded to Emily N. Van Deman
thence north on her east line to her north east
corner thence West on her north line and the north
line of Angie M. Maltbie to the west line of original
out lot No. 38 thence north on the west line of said
lot No. 38 to the south west corner of original out lot
No. 40 sold to J E. Buck thence east on the
south line of out lot No. 40. to the North west corner of
Wm Jones land, thence south on said Jones west
line to his North west corner thence east on his
south line to the North west corner of said lot deeded
to W.L. Van Deman thence south on his west line
to the place of beginning being known as part of out-
lot original No 38 and includes the house orchard and
barn lot, said devisees Elisa A. Van Deman , Em=
=ily N. Van Deman and W.L. van Deman to keep up
repairs and pay the taxes -- thereon, should either of
said daughters or son marry then they forfeit all
benefits of this devises in this item and at the death
of the survivors of them or upon the marriage of the
survivor of them I hereby devise and bequeath the
remainder of said property to my children living
at the date of this Will and to their heirs in
fee simple as tenants in common and should any of
my said children be dead leaving children, then
their share is to go to their issue , and should
any of my children die without lawful issue, then
their respective children to go to my other children and
their heirs.
Item 4th I hereby direct and desire that my Executors herein=
after named or their successors shall sell either
at public or private sale as they may think best all
of original out lot No 37. known as the field above the
barn which remains unsold and invest the proceeds
of such sale at interest, executing and delivering deeds
to the purchaser or purchasers and after paying the
expenses of such investments and taxes thereon to
pay annually to each of my Daughters Eliza A. Van
Deman, Sarah W. Buck, Emily N. Van Deman -
and Angie M. Maltbie each one fourth of said interest
per annum income during their natural lives or
at their death or the death of either of them their
respective share of the principal or the interest to be
equally divided among their children in the same
manner as is provided, for in the remainder of the
property described in Item 3 after the determination
[corresponds to page 122 of Delaware County Will Records Vol. 8 1887-1890]
122
Sarah Van Deman's Will.
south west corner in the tract deeded by me to W.L.
Van Deman said deed dated July 21. 1880. thence
West on the north line of north street to the south
east corner of land deeded to Emily N. Van Deman
thence north on her east line to her north east
corner thence West on her north line and the north
line of Angie M. Maltbie to the west line of original
out lot No. 38 thence north on the west line of said
lot No. 38 to the south west corner of original out lot
No. 40 sold to J E. Buck thence east on the
south line of out lot No. 40. to the North west corner of
Wm Jones land, thence south on said Jones west
line to his North west corner thence east on his
south line to the North west corner of said lot deeded
to W.L. Van Deman thence south on his west line
to the place of beginning being known as part of out-
lot original No 38 and includes the house orchard and
barn lot, said devisees Elisa A. Van Deman , Em=
=ily N. Van Deman and W.L. van Deman to keep up
repairs and pay the taxes -- thereon, should either of
said daughters or son marry then they forfeit all
benefits of this devises in this item and at the death
of the survivors of them or upon the marriage of the
survivor of them I hereby devise and bequeath the
remainder of said property to my children living
at the date of this Will and to their heirs in
fee simple as tenants in common and should any of
my said children be dead leaving children, then
their share is to go to their issue , and should
any of my children die without lawful issue, then
their respective children to go to my other children and
their heirs.
Item 4th I hereby direct and desire that my Executors herein=
after named or their successors shall sell either
at public or private sale as they may think best all
of original out lot No 37. known as the field above the
barn which remains unsold and invest the proceeds
of such sale at interest, executing and delivering deeds
to the purchaser or purchasers and after paying the
expenses of such investments and taxes thereon to
pay annually to each of my Daughters Eliza A. Van
Deman, Sarah W. Buck, Emily N. Van Deman -
and Angie M. Maltbie each one fourth of said interest
per annum income during their natural lives or
at their death or the death of either of them their
respective share of the principal or the interest to be
equally divided among their children in the same
manner as is provided, for in the remainder of the
property described in Item 3 after the determination
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 189)
Description
[page 189]
[corresponds to page 123 of Delaware County Will Records Vol. 8 1887-1890]
123
Sarah Van Deman's Will.
of the life estate.
Item 5th All the rest and residue of my estate except my
household goods and kitchen furniture which I will
and bequeath to Eliza A. Van Deman & Emily
N. Van Deman upon the same conditions and stipula=
=tions as is provided for in the 3rd Item in this
Will, I will and devise and bequeath unto my children
Eliza A. Van Deman - Sarah W. Buck- Joseph
H. Van Deman - John D. Van Deman, Emily
N. Van Deman and Angie M. Maltbie and W.L.
Van Deman and to their heirs as tenants in common,
share and share alike and if any of them should be
dead at my death, then their share to go to their
heirs, I have made the additional provision for my
Daughters Eliza A. Van Deman and Emily N. Van
Deman because they have so long lived with me as=
=sisting me and administering to my wants and because
of their condition of helplessness I may leave them
in.
Item 6th I give and bequeath to my Daughters Eliza A. Van
Deman and Emily N. Van Deman all the money
both bank notes and coin that I may have at the
time of my death. I also give and bequeath to said
Eliza A. and Emily N. Van Deman all the Notes
for the payment of money and all the Railroad Stock
that I may have on hand at the time of my death.
Item 7th I do hereby constitute and appoint my two sons John
D. Van Deman and W.L. Van Deman executors of
this my last Will and Testament and do hereby
authorize them to compromise and adjust all claims
from or due to me.
In testimony whereof I have hereunto
set my hand and seal this 22d of July 1880
Sarah Van Deman. {Seal}
Signed sealed and acknowledged and declared in our
presence by the said Sarah Van Deman as and for
her last Will and Testament and we have signed the
same as witnesses thereto at her request in her pres=
=ence and in presence of each other.
Chas. O. Little
G. W. Darlinton
[corresponds to page 123 of Delaware County Will Records Vol. 8 1887-1890]
123
Sarah Van Deman's Will.
of the life estate.
Item 5th All the rest and residue of my estate except my
household goods and kitchen furniture which I will
and bequeath to Eliza A. Van Deman & Emily
N. Van Deman upon the same conditions and stipula=
=tions as is provided for in the 3rd Item in this
Will, I will and devise and bequeath unto my children
Eliza A. Van Deman - Sarah W. Buck- Joseph
H. Van Deman - John D. Van Deman, Emily
N. Van Deman and Angie M. Maltbie and W.L.
Van Deman and to their heirs as tenants in common,
share and share alike and if any of them should be
dead at my death, then their share to go to their
heirs, I have made the additional provision for my
Daughters Eliza A. Van Deman and Emily N. Van
Deman because they have so long lived with me as=
=sisting me and administering to my wants and because
of their condition of helplessness I may leave them
in.
Item 6th I give and bequeath to my Daughters Eliza A. Van
Deman and Emily N. Van Deman all the money
both bank notes and coin that I may have at the
time of my death. I also give and bequeath to said
Eliza A. and Emily N. Van Deman all the Notes
for the payment of money and all the Railroad Stock
that I may have on hand at the time of my death.
Item 7th I do hereby constitute and appoint my two sons John
D. Van Deman and W.L. Van Deman executors of
this my last Will and Testament and do hereby
authorize them to compromise and adjust all claims
from or due to me.
In testimony whereof I have hereunto
set my hand and seal this 22d of July 1880
Sarah Van Deman. {Seal}
Signed sealed and acknowledged and declared in our
presence by the said Sarah Van Deman as and for
her last Will and Testament and we have signed the
same as witnesses thereto at her request in her pres=
=ence and in presence of each other.
Chas. O. Little
G. W. Darlinton
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 190)
Description
[page 190]
[corresponds to page 124 of Delaware County Will Records Vol. 8 1887-1890]
124
Sarah Van Deman's Will.
Codicil.
Whereas I Sarah Van Deman on the 22d day of
July A.D. 1880. made & executed my last will &
testament, which is hereto attached, And whereas
a change of my circumstances & estate has taken place
in consequence of the death of my brother George W.
Darlinton, now I do hereby make and publish this
as a codicil to my said will. and declare that said
Will with the changes made in this codicil, shall
be my last will & testament to-wit.
Item. I. I give and bequeath to my daughters Eliza A. Van Deman
& Emily N. Van Deman all my household goods &
kitchen furniture in equal proportions, and all the rest &
residue of my personal estate, including moneys, notes & prop=
=erty in expectancy or possession. I give and bequeath un=
=to my children Eliza A. Van Deman - Sarah W. Buck
Joseph H. Van Deman - John D. Van Deman - Emily
N. Van Deman - Angie M. Maltbie and Willie L. Van
Deman, share and share alike, and if any of them should
be dead at my death, their share to go to their children,
if they should leave any, and if not their share to go to
the survivors - and I hereby revoke Items 2d and 6th
of my said will as in conflict herewith.
Item. II All my real estate wherever situate except that de=
scribed and bequeathed in Item III. of my will (which
I wish to remain as in Item 3~d provided ) I give de=
=vise and bequeath unto my children, Eliza A. Van De=
man - Sarah W. Buck - Joseph H. Van Deman -
John D. Van Deman - Emily N. Van Deman - Angie M.
Maltbie and Willie L. Van Deman share and share alike.
as set forth in Item 5th of my said Will and I hereby re=
=voke the provisions made in Item 4th~" of said Will. it being
my desire that my said children shall equally enjoy and
possess my estate, except that portion set apart in said
Item 3d which they are to have subject to the limitations &
conditions therein provided, and as to said Household goods &
kitchen furniture.
In testimony whereof I have hereunto set my
hand and seal this 22d day of June. A.D. 1882.
Sarah Van Deman {Seal}
Signed, sealed and acknowledged and declared in our presence
by the said Sarah Van Deman as and for a codicil to her
last will and testament, and we have signed the same as
witnesses thereto at her request in her presence and in pres=
=ence of each other.
Julia G. Little
Chas. O Little
[corresponds to page 124 of Delaware County Will Records Vol. 8 1887-1890]
124
Sarah Van Deman's Will.
Codicil.
Whereas I Sarah Van Deman on the 22d day of
July A.D. 1880. made & executed my last will &
testament, which is hereto attached, And whereas
a change of my circumstances & estate has taken place
in consequence of the death of my brother George W.
Darlinton, now I do hereby make and publish this
as a codicil to my said will. and declare that said
Will with the changes made in this codicil, shall
be my last will & testament to-wit.
Item. I. I give and bequeath to my daughters Eliza A. Van Deman
& Emily N. Van Deman all my household goods &
kitchen furniture in equal proportions, and all the rest &
residue of my personal estate, including moneys, notes & prop=
=erty in expectancy or possession. I give and bequeath un=
=to my children Eliza A. Van Deman - Sarah W. Buck
Joseph H. Van Deman - John D. Van Deman - Emily
N. Van Deman - Angie M. Maltbie and Willie L. Van
Deman, share and share alike, and if any of them should
be dead at my death, their share to go to their children,
if they should leave any, and if not their share to go to
the survivors - and I hereby revoke Items 2d and 6th
of my said will as in conflict herewith.
Item. II All my real estate wherever situate except that de=
scribed and bequeathed in Item III. of my will (which
I wish to remain as in Item 3~d provided ) I give de=
=vise and bequeath unto my children, Eliza A. Van De=
man - Sarah W. Buck - Joseph H. Van Deman -
John D. Van Deman - Emily N. Van Deman - Angie M.
Maltbie and Willie L. Van Deman share and share alike.
as set forth in Item 5th of my said Will and I hereby re=
=voke the provisions made in Item 4th~" of said Will. it being
my desire that my said children shall equally enjoy and
possess my estate, except that portion set apart in said
Item 3d which they are to have subject to the limitations &
conditions therein provided, and as to said Household goods &
kitchen furniture.
In testimony whereof I have hereunto set my
hand and seal this 22d day of June. A.D. 1882.
Sarah Van Deman {Seal}
Signed, sealed and acknowledged and declared in our presence
by the said Sarah Van Deman as and for a codicil to her
last will and testament, and we have signed the same as
witnesses thereto at her request in her presence and in pres=
=ence of each other.
Julia G. Little
Chas. O Little
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 191)
Description
[page 191]
[corresponds to page 125 of Delaware County Will Records Vol. 8 1887-1890]
125
Joshua B. Fritz Estate,
Journal Entry.
January 28" 1888.
In the Matter of the Will of } In the Probate Court of
Joshua B. Fritz, Deceased. } Delaware County. Ohio
This day, an instrument of writing, purporting to be
the last Will and Testament of Joshua B. Fritz, late of
Delaware City, in this County, deceased, was produced
in open Court for Probate; On Consideration Whereof
it is ordered that the said Will be filed in this Court,
and that due notice thereof, and of the application to
admit the same to probate and record be given to
Hettie Horner - Mary Fritz - Daniel Fritz and Min-
-nie Vining (Rosannah Fritz, widow and William
Fritz having waived notice) next of kin of the Testa=
=tor, resident of the State of Ohio, that said applica=
tion will be for hearing before this Court on the 1st day
of February .A.D. 1888, at 2 o'clock P.M.
Rufus Carpenter
Probate Judge.
Notice to Heirs.
State of Ohio } In Probate Court.
Delaware County, ss. }
In the matter of the Last Will and Testa=
=ment of Joshua B. Fritz, deceased.
To Hettie Horner ~
Mary Fritz - Daniel Fritz - Minnie Vining.
You are hereby
notified that on the 28" day of January. A.D. 1888
an instrument of writing ,purporting to be the last Will
and Testament of Joshua B. Fritz, late of Delaware
City, in said County, deceased, was produced in
open Court, and an application to admit the same
to probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 1st day of February. A.D.1888, at 2 o'clock
P.M.
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 28" day of January. A.
D 1888.
[corresponds to page 125 of Delaware County Will Records Vol. 8 1887-1890]
125
Joshua B. Fritz Estate,
Journal Entry.
January 28" 1888.
In the Matter of the Will of } In the Probate Court of
Joshua B. Fritz, Deceased. } Delaware County. Ohio
This day, an instrument of writing, purporting to be
the last Will and Testament of Joshua B. Fritz, late of
Delaware City, in this County, deceased, was produced
in open Court for Probate; On Consideration Whereof
it is ordered that the said Will be filed in this Court,
and that due notice thereof, and of the application to
admit the same to probate and record be given to
Hettie Horner - Mary Fritz - Daniel Fritz and Min-
-nie Vining (Rosannah Fritz, widow and William
Fritz having waived notice) next of kin of the Testa=
=tor, resident of the State of Ohio, that said applica=
tion will be for hearing before this Court on the 1st day
of February .A.D. 1888, at 2 o'clock P.M.
Rufus Carpenter
Probate Judge.
Notice to Heirs.
State of Ohio } In Probate Court.
Delaware County, ss. }
In the matter of the Last Will and Testa=
=ment of Joshua B. Fritz, deceased.
To Hettie Horner ~
Mary Fritz - Daniel Fritz - Minnie Vining.
You are hereby
notified that on the 28" day of January. A.D. 1888
an instrument of writing ,purporting to be the last Will
and Testament of Joshua B. Fritz, late of Delaware
City, in said County, deceased, was produced in
open Court, and an application to admit the same
to probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 1st day of February. A.D.1888, at 2 o'clock
P.M.
Rufus Carpenter
Probate Judge.
Dated at Delaware Ohio, this 28" day of January. A.
D 1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 192)
Description
[page 192]
[corresponds to page 126 of Delaware County Will Records Vol. 8 1887-1890]
126
Joshua B. Fritz' Will.
Return.
The State of Ohio }
Delaware County ss } William Fritz being duly sworn,
says that on the 28th & 30th days of
January A.D. 1888, he served the within notice by de=
livering a true copy thereof to the within named
Hettie Horner ~~ Mary Fritz ~ Daniel Fritz and
Minnie Vining.
William Fritz.
Subscribed in my presence and sworn to before me this
1st day of Feb. 1888.
{Seal}
Waiver.
We, the undersigned, widow & heir of the within named
decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 28" day of Jany A.D. 1888.
Rosannah Fritz
William Fritz.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
Henry L. Baker and James R. Lytle the subscrib-
ing witnesses to the last Will and Testament of Joshua
B. Fritz, late of Delaware Township in said Dela-
=ware County, deceased; who being duly sworn accord-
=ing to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bear:
=ing date the 27" day of August A.D. 1887, purporting
to be the last Will and Testament of Joshua B.
Fritz, now deceased, is the Will of said deceased
Joshua B. Fritz, that they were present at the ex=
=ecution of said Will, and at the request of the
Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw
the said Joshua B. Fritz deceased sign and seal
said Will, and heard him acknowledge the same
Joshua B. Fritz at the time of making, signing
and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
Henry L. Baker
James R. Lytle
[corresponds to page 126 of Delaware County Will Records Vol. 8 1887-1890]
126
Joshua B. Fritz' Will.
Return.
The State of Ohio }
Delaware County ss } William Fritz being duly sworn,
says that on the 28th & 30th days of
January A.D. 1888, he served the within notice by de=
livering a true copy thereof to the within named
Hettie Horner ~~ Mary Fritz ~ Daniel Fritz and
Minnie Vining.
William Fritz.
Subscribed in my presence and sworn to before me this
1st day of Feb. 1888.
{Seal}
Waiver.
We, the undersigned, widow & heir of the within named
decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 28" day of Jany A.D. 1888.
Rosannah Fritz
William Fritz.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
Henry L. Baker and James R. Lytle the subscrib-
ing witnesses to the last Will and Testament of Joshua
B. Fritz, late of Delaware Township in said Dela-
=ware County, deceased; who being duly sworn accord-
=ing to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bear:
=ing date the 27" day of August A.D. 1887, purporting
to be the last Will and Testament of Joshua B.
Fritz, now deceased, is the Will of said deceased
Joshua B. Fritz, that they were present at the ex=
=ecution of said Will, and at the request of the
Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw
the said Joshua B. Fritz deceased sign and seal
said Will, and heard him acknowledge the same
Joshua B. Fritz at the time of making, signing
and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
Henry L. Baker
James R. Lytle
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 193)
Description
[page 193]
[corresponds to page 127 of Delaware County Will Records Vol. 8 1887-1890]
Joshua B. Fritz' Will.
Sworn to and subscribed by said witnesses, in open
Court, this 1st day of February. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
February 1st 1888.
In the Matter of the Will }
of Joshua B. Fritz, Deceased. } Be it remembered, that
heretofore, to-wit: on the 28"
day of January. A.D. 1888. an instrument of writing,
purporting to be the last Will and Testament of Josh=
=ua B. Fritz, late of Delaware City, in this Coun=
=ty deceased, was produced in open Court for probate
and was then filed. And, it being shown to
the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit
the same to probate and record in this Court, has
been given to Hettie Horner- Mary Fritz - Daniel
Fritz and Minnie Vining (Rosannah Fritz, widow,
and William Fritz having waived notice) heirs and next
of kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court; therefore,
on this day came Henry L. Baker and James R.
Lytle the subscribing witnesses to said Will, who
being duly sworn, testified to the due execution of said
Will, which testimony was reduced to writing, by
them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Joshua B. Fritz, deceased. That the same was
duly executed and attested; and that the said Testa=
tor, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimon=
=y of the witnesses above named, as well as the proceed=
=ings had thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In The name of the Benevolent Father of All I, Josh=
=ua B. Fritz of Delaware County, Ohio, do make and
publish this my last Will and Testament.
[corresponds to page 127 of Delaware County Will Records Vol. 8 1887-1890]
Joshua B. Fritz' Will.
Sworn to and subscribed by said witnesses, in open
Court, this 1st day of February. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge
Journal Entry.
February 1st 1888.
In the Matter of the Will }
of Joshua B. Fritz, Deceased. } Be it remembered, that
heretofore, to-wit: on the 28"
day of January. A.D. 1888. an instrument of writing,
purporting to be the last Will and Testament of Josh=
=ua B. Fritz, late of Delaware City, in this Coun=
=ty deceased, was produced in open Court for probate
and was then filed. And, it being shown to
the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit
the same to probate and record in this Court, has
been given to Hettie Horner- Mary Fritz - Daniel
Fritz and Minnie Vining (Rosannah Fritz, widow,
and William Fritz having waived notice) heirs and next
of kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court; therefore,
on this day came Henry L. Baker and James R.
Lytle the subscribing witnesses to said Will, who
being duly sworn, testified to the due execution of said
Will, which testimony was reduced to writing, by
them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Joshua B. Fritz, deceased. That the same was
duly executed and attested; and that the said Testa=
tor, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimon=
=y of the witnesses above named, as well as the proceed=
=ings had thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Copy of Will.
In The name of the Benevolent Father of All I, Josh=
=ua B. Fritz of Delaware County, Ohio, do make and
publish this my last Will and Testament.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 194)
Description
[page 194]
[corresponds to page 128 of Delaware County Will Records Vol. 8 1887-1890]
128
Joshua B. Fritz' Will.
Item First I desire that all my just debts and expenses be first paid
out of my estate.
Item Second: I give and devise to my beloved wife Rosannah Fritz
The property upon which we live Situate in the
City of Delaware County of Delaware and State of Ohio
and being In Lots 342 & 343, in said City of Delaware
absolutely, and in fee Simple. I also give and devise
to my said wife absolutely & unconditionally all my
household goods and furniture, and all my goods and
chattels or whatever kind or description. It is my
will and desire that she shall pay all my just debts out
of my said estate.
Item Three: I do hereby nominate and appoint my said wife, exec=
=trix of this my last will and testament, hereby author=
=izing and empowering her to compromise adjust release and
discharge in such manner as she may deem proper the
debts and claims due me, and I do also authorize and
empower her if it shall become necessary in order to pay
my debts, to sell by private sale or in such manner and
upon such terms of credit as she may think proper all or
any part of my real estate and deeds to purchasers to execute
acknowledge and deliver in fee simple.
I desire that no appraisement and no sale of my personal
property be made and that the court of probate direct the ommis=
=sion of the same in pursuance of the Statute.
It is my will and wish that my said executrix be not
required to give bonds. And I desire the Probate Judge
to issue letters of Administration to her without bonds.
I do hereby revoke all former wills by me made.
In testimony
hereof I have hereunto set my hand and seal this
24th day of August. A.D. 1887.
Joshua B. Fritz. {Seal}
Signed and acknowledged by said Joshua B. Fritz as
his last Will and Testament in our presence and signed by
us in his presence at his special instance and request.
Henry L. Baker.
James R. Lytle.
[corresponds to page 128 of Delaware County Will Records Vol. 8 1887-1890]
128
Joshua B. Fritz' Will.
Item First I desire that all my just debts and expenses be first paid
out of my estate.
Item Second: I give and devise to my beloved wife Rosannah Fritz
The property upon which we live Situate in the
City of Delaware County of Delaware and State of Ohio
and being In Lots 342 & 343, in said City of Delaware
absolutely, and in fee Simple. I also give and devise
to my said wife absolutely & unconditionally all my
household goods and furniture, and all my goods and
chattels or whatever kind or description. It is my
will and desire that she shall pay all my just debts out
of my said estate.
Item Three: I do hereby nominate and appoint my said wife, exec=
=trix of this my last will and testament, hereby author=
=izing and empowering her to compromise adjust release and
discharge in such manner as she may deem proper the
debts and claims due me, and I do also authorize and
empower her if it shall become necessary in order to pay
my debts, to sell by private sale or in such manner and
upon such terms of credit as she may think proper all or
any part of my real estate and deeds to purchasers to execute
acknowledge and deliver in fee simple.
I desire that no appraisement and no sale of my personal
property be made and that the court of probate direct the ommis=
=sion of the same in pursuance of the Statute.
It is my will and wish that my said executrix be not
required to give bonds. And I desire the Probate Judge
to issue letters of Administration to her without bonds.
I do hereby revoke all former wills by me made.
In testimony
hereof I have hereunto set my hand and seal this
24th day of August. A.D. 1887.
Joshua B. Fritz. {Seal}
Signed and acknowledged by said Joshua B. Fritz as
his last Will and Testament in our presence and signed by
us in his presence at his special instance and request.
Henry L. Baker.
James R. Lytle.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 195)
Description
[page 195]
[corresponds to page 129 of Delaware County Will Records Vol 8 1887 - 1890]
129
Jonas Evan's Will.
Journal Entry
January 10" 1888.
In the Matter of the Will } In the Probate Court of
of Jonas G. Evans, Dec'd } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Jonas G. Evans,
late of Delaware City, in this County, deceased, was
produced in open Court for Probate; On Consideration
Whereof, it is ordered that the said Will be filed
in this Court. And it appearing to the Court
that there are no next of kin and the Legatees having
waived service of Notice and consented to the probate
of said Will.~~ And it appearing to the Court
that J.H. Smith one of the subscribing witnesses
to said Will is a resident of Appleton, Missouri
and is without the jurisdiction of this Court, it is
therefore ordered that a commission with the Will
annexed issue herein to F French of Appleton, Mis=
=souri, directing him to take the deposition of said
subscribing witness J.H. Smith and return the
same, duly certified, with all convenient speed to this
Court.
Rufus Carpenter
Probate Judge.
Waiver.
We, the undersigned legatees of the within named dec=
=edent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 10" day of January. A.D. 1888.
her
Attest. Elizabeth Jane X Schneck
Mame Parks mark
Rufus Carpenter.
Commission.
The State of Ohio } ss
Delaware County } To Hon. F. French, 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 deposi=
=tion of J.H. Smith one of the subscribing witnesses
to the last Will and Testament of Jonas G Evans, decd
hereto annexed, late of the County of Delaware, in the
[corresponds to page 129 of Delaware County Will Records Vol 8 1887 - 1890]
129
Jonas Evan's Will.
Journal Entry
January 10" 1888.
In the Matter of the Will } In the Probate Court of
of Jonas G. Evans, Dec'd } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Jonas G. Evans,
late of Delaware City, in this County, deceased, was
produced in open Court for Probate; On Consideration
Whereof, it is ordered that the said Will be filed
in this Court. And it appearing to the Court
that there are no next of kin and the Legatees having
waived service of Notice and consented to the probate
of said Will.~~ And it appearing to the Court
that J.H. Smith one of the subscribing witnesses
to said Will is a resident of Appleton, Missouri
and is without the jurisdiction of this Court, it is
therefore ordered that a commission with the Will
annexed issue herein to F French of Appleton, Mis=
=souri, directing him to take the deposition of said
subscribing witness J.H. Smith and return the
same, duly certified, with all convenient speed to this
Court.
Rufus Carpenter
Probate Judge.
Waiver.
We, the undersigned legatees of the within named dec=
=edent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 10" day of January. A.D. 1888.
her
Attest. Elizabeth Jane X Schneck
Mame Parks mark
Rufus Carpenter.
Commission.
The State of Ohio } ss
Delaware County } To Hon. F. French, 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 deposi=
=tion of J.H. Smith one of the subscribing witnesses
to the last Will and Testament of Jonas G Evans, decd
hereto annexed, late of the County of Delaware, in the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 196)
Description
[page 196]
[corresponds to page 130 of Delaware County Will Records Vol. 8 1887-1890]
Jonas G. Evan's Will
State of Ohio, deceased, and therefore we command
you, that at certain days and places appointed by you,
you cause the said J.H. Smith to be brought be=
=fore you, and then and there to examine him on oath or
affirmation first taken before you, touching the due ex=
=ecution of said Will of the said Jonas G. Evans,
decd and that you reduce such examination to writing,
and return the same, together with this Commission
and the Will of the said Jonas G. Evans, decd,
thereto annexed, closed up under your seal, into our
said Probate Court, with all convenient speed.
In Testimony
Whereof, I, Rufus Carpenter, Judge of the said
Court, have hereunto set my hand and affixed the
seal of said Court, at Delaware O, this 10th day of
January. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge.
Copy of Will.
I, Jonas G. Evans, of the town of Delaware, County
of Delaware State of Ohio, being aware of the un-
=certainties of life, and in failing health, but of sound
mind and memory, do make and declare this to be
my last will and testament in manner following,
to-wit.
First I give, devise and bequeath to Mrs. Elizabeth Jane
Schneck my house and lot, situated in the City
of Delaware, County of Delaware , State of Ohio,
and known as original lot "M" in John M. & H Har-
-riett Beedles addition to South Delaware and part of
out lot No. 22 old N° and new N° 1163 . Said inlot
"M" has been renumbered and is now known an,
designated as N° 15 28 in said City of Delaware,
and being the same premises conveyed to Jonas G. Ev-
=ans by D.H. Potter and wife by deed of date Nov.
12. 1873. and recorded in Delaware Co, records. Vol. 65.
Page 575.
And I further devise and bequeath unto the said Mrs.
Elizabeth Jane Schneck all of my household goods,
and all of my personal property not otherwise herein
specified.
Second I, give and bequeath to the St. John English Luth=
=eran Church located at Delaware in the State
of Ohio all of my money, bonds, notes and mortgages,
to be taken by the trustees of said Church and expend=
=ed for the benefit of said Church in such manner
[corresponds to page 130 of Delaware County Will Records Vol. 8 1887-1890]
Jonas G. Evan's Will
State of Ohio, deceased, and therefore we command
you, that at certain days and places appointed by you,
you cause the said J.H. Smith to be brought be=
=fore you, and then and there to examine him on oath or
affirmation first taken before you, touching the due ex=
=ecution of said Will of the said Jonas G. Evans,
decd and that you reduce such examination to writing,
and return the same, together with this Commission
and the Will of the said Jonas G. Evans, decd,
thereto annexed, closed up under your seal, into our
said Probate Court, with all convenient speed.
In Testimony
Whereof, I, Rufus Carpenter, Judge of the said
Court, have hereunto set my hand and affixed the
seal of said Court, at Delaware O, this 10th day of
January. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge.
Copy of Will.
I, Jonas G. Evans, of the town of Delaware, County
of Delaware State of Ohio, being aware of the un-
=certainties of life, and in failing health, but of sound
mind and memory, do make and declare this to be
my last will and testament in manner following,
to-wit.
First I give, devise and bequeath to Mrs. Elizabeth Jane
Schneck my house and lot, situated in the City
of Delaware, County of Delaware , State of Ohio,
and known as original lot "M" in John M. & H Har-
-riett Beedles addition to South Delaware and part of
out lot No. 22 old N° and new N° 1163 . Said inlot
"M" has been renumbered and is now known an,
designated as N° 15 28 in said City of Delaware,
and being the same premises conveyed to Jonas G. Ev-
=ans by D.H. Potter and wife by deed of date Nov.
12. 1873. and recorded in Delaware Co, records. Vol. 65.
Page 575.
And I further devise and bequeath unto the said Mrs.
Elizabeth Jane Schneck all of my household goods,
and all of my personal property not otherwise herein
specified.
Second I, give and bequeath to the St. John English Luth=
=eran Church located at Delaware in the State
of Ohio all of my money, bonds, notes and mortgages,
to be taken by the trustees of said Church and expend=
=ed for the benefit of said Church in such manner
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 197)
Description
[page 197]
[corresponds to page 131 of Delaware County Will Records Vol. 8 1887-1890]
131
Jonas G. Evans' Will
as said trustees may from time to time elect.
I nominate and
appoint as Executor of this my last will and tes=
=tament my friend and relative Lewis Smith. Jr
and further direct that he, my Executor, shall pay
the necessary funeral expenses and all other debts
that may have been contracted, before turning the
money over to the trustees of the Church.
In witness whereof,
I, Jonas G. Evans to this my last will and tes=
=tament have hereunto set my hand and seal
this twenty fifth day of July. 1887.
his
J.H. Smith Witnesses Jonas G. x Evans. {Seal}
J.L. Smith mark
Signed, sealed and declared by Jonas G. Evans
as and for his last will and testament, in the pres-
=ence of us who at his request and in his presence,
and in the presence of each other, have subscribed
our hands hereto as witnesses thereof.
J.H. Smith. Appleton City. Mo.
J.L. Smith. Cleveland . Ohio.
Deposition of J. H. Smith
The State of Missouri } In the Matter of the last Will and
St Clair. County. ss } Testament of Jonas J. Evans. decd
Personally appeared before me F. Finch, Commissioner,
J.H. Smith, one of the subscribing witnesses to the
last Will and Testament of Jonas G. Evans, late of
Delaware City, in said Delaware County, deceased,
who being by me first duly sworn according to law
to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will,
deposes and says: That he was present at the execu=
tion of the paper before him bearing date the 25th day
of July. A.D. 1887. purporting to be the last Will
and Testament of Jonas G. Evans now deceased,
whose name is signed at the end thereof, and at the
request of said deceased, he subscribed his name to the
the same as a witness in his presence; that he saw
the said Jonas G. Evans sign and seal said Will,
and heard him acknowledge the same to be his last
Will and Testament, and that the said Jonas G.
Evans at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory,
[corresponds to page 131 of Delaware County Will Records Vol. 8 1887-1890]
131
Jonas G. Evans' Will
as said trustees may from time to time elect.
I nominate and
appoint as Executor of this my last will and tes=
=tament my friend and relative Lewis Smith. Jr
and further direct that he, my Executor, shall pay
the necessary funeral expenses and all other debts
that may have been contracted, before turning the
money over to the trustees of the Church.
In witness whereof,
I, Jonas G. Evans to this my last will and tes=
=tament have hereunto set my hand and seal
this twenty fifth day of July. 1887.
his
J.H. Smith Witnesses Jonas G. x Evans. {Seal}
J.L. Smith mark
Signed, sealed and declared by Jonas G. Evans
as and for his last will and testament, in the pres-
=ence of us who at his request and in his presence,
and in the presence of each other, have subscribed
our hands hereto as witnesses thereof.
J.H. Smith. Appleton City. Mo.
J.L. Smith. Cleveland . Ohio.
Deposition of J. H. Smith
The State of Missouri } In the Matter of the last Will and
St Clair. County. ss } Testament of Jonas J. Evans. decd
Personally appeared before me F. Finch, Commissioner,
J.H. Smith, one of the subscribing witnesses to the
last Will and Testament of Jonas G. Evans, late of
Delaware City, in said Delaware County, deceased,
who being by me first duly sworn according to law
to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will,
deposes and says: That he was present at the execu=
tion of the paper before him bearing date the 25th day
of July. A.D. 1887. purporting to be the last Will
and Testament of Jonas G. Evans now deceased,
whose name is signed at the end thereof, and at the
request of said deceased, he subscribed his name to the
the same as a witness in his presence; that he saw
the said Jonas G. Evans sign and seal said Will,
and heard him acknowledge the same to be his last
Will and Testament, and that the said Jonas G.
Evans at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 198)
Description
[page 198]
[corresponds to page 132 of Delaware County Will Records Vol. 8 1887-1890]
132
Jonas G. Evans' Estate.
and not under any restraint.
J.H. Smith
The State of Missouri }
St Clair County. ss. } I, F. Finch, duly appointed and
commissioned by the Judge of the
Probate Court, of the County of Delaware, and the
State of Ohio, to take the testimony of J.H. Smith
one of the subscribing witnesses to the last Will and
Testament of Jonas G. Evans, deceased, late a resident
of said County and State, which Commission, and the
said Will are hereto annexed, do hereby certify that
in pursuance of said Commission I caused the above
named J.H. Smith one of the subscribing witnesses
as aforesaid to appear before me, on the 27" day of Jan=
=uary. 1888, that he was first duly sworn by me, ac:
=cording to law to speak the truth, the whole truth and
nothing but the truth; that I examined him in
relation to the execution of said Will, and reduced his
testimony to writing as above set forth in his presence
and that he signed the same in my presence, and I
further certify that I am not Counsel, Attorney or
Relative of any of the parties named in said Will,
or otherwise interested in the Probate thereof.
In witness whereof
I have hereunto set my hand, this the 27th day of
January A.D. 1888.
Franklin Finch
{Seal} Commissioner.
and Probate Judge of
St Clair County. Missouri.
Journal Entry.
__________
January 30th 1888.
In the matter of the Will of |
Jonas G. Evans, deceased. | The commission heretofore issued
herein to take the testimony of
J.H. Smith, one of the subscribing witnesses to the Will of
said Jonas G. Evans, deceased was this day returned duly
executed and the same was filed herein.
And it appearing to the Court that J.L. Smith, the other
subscribing witness to said Will, is a resident of Cleve=
=land, Ohio, and is without the jurisdiction of this Court, it
is thereupon ordered that a Commission, with the Will an=
=nexed, issue herein to Daniel R Tilden, of Cleveland,
Ohio, directing him to take the testimony of said subscribing
witness, and return the same, according to law, with all
convenient speed, to this Court.
Rufus Carpenter. Probate Judge.
[corresponds to page 132 of Delaware County Will Records Vol. 8 1887-1890]
132
Jonas G. Evans' Estate.
and not under any restraint.
J.H. Smith
The State of Missouri }
St Clair County. ss. } I, F. Finch, duly appointed and
commissioned by the Judge of the
Probate Court, of the County of Delaware, and the
State of Ohio, to take the testimony of J.H. Smith
one of the subscribing witnesses to the last Will and
Testament of Jonas G. Evans, deceased, late a resident
of said County and State, which Commission, and the
said Will are hereto annexed, do hereby certify that
in pursuance of said Commission I caused the above
named J.H. Smith one of the subscribing witnesses
as aforesaid to appear before me, on the 27" day of Jan=
=uary. 1888, that he was first duly sworn by me, ac:
=cording to law to speak the truth, the whole truth and
nothing but the truth; that I examined him in
relation to the execution of said Will, and reduced his
testimony to writing as above set forth in his presence
and that he signed the same in my presence, and I
further certify that I am not Counsel, Attorney or
Relative of any of the parties named in said Will,
or otherwise interested in the Probate thereof.
In witness whereof
I have hereunto set my hand, this the 27th day of
January A.D. 1888.
Franklin Finch
{Seal} Commissioner.
and Probate Judge of
St Clair County. Missouri.
Journal Entry.
__________
January 30th 1888.
In the matter of the Will of |
Jonas G. Evans, deceased. | The commission heretofore issued
herein to take the testimony of
J.H. Smith, one of the subscribing witnesses to the Will of
said Jonas G. Evans, deceased was this day returned duly
executed and the same was filed herein.
And it appearing to the Court that J.L. Smith, the other
subscribing witness to said Will, is a resident of Cleve=
=land, Ohio, and is without the jurisdiction of this Court, it
is thereupon ordered that a Commission, with the Will an=
=nexed, issue herein to Daniel R Tilden, of Cleveland,
Ohio, directing him to take the testimony of said subscribing
witness, and return the same, according to law, with all
convenient speed, to this Court.
Rufus Carpenter. Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 199)
Description
[page 199]
[corresponds to page 133 of Delaware County Will Records Vol. 8 1887-1890]
133
Jonas G. Evan's Will
Commission
The State of Ohio } ss.
Delaware County } To Hon. Daniel R. Tilden, Greeting:
Know Ye, That we, in confidence of your prudence and fidel=
=ity, have appointed you, and by these present do give
you full power and authority and take the deposition of
J.L. Smith, one of the subscribing witnesses to the
last Will and Testament of Jonas G. Evans decd,
hereto 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 J.L. Smith to be brought before
you, and then and there to examine him on oath or
affirmation first taken before you, touching the due exe=
=cution of said Will of the said Jonas G. Evans, decd
and that you reduce such examination to writing, and return
the same, together with this Commission and the Will
of the said Jonas G. Evans decd thereto annexed, closed up
under your seal, into our said Probate Court, with all
convenient speed.
In Testimony Whereof, I, Rufus Car=
=penter, Judge of the said Court, have hereunto set my
hand and affixed the seal of said Court, at Delaware
O, this 30" day of January. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge
Deposition of J.L. Smith.
The State of Ohio } ss In the matter of the last Will and Testament
Cuyahoga County } of Jonas G. Evans, decd
Personally appeared before me Daniel R. Tilden,
Commissioner, J.L. Smith, one of the subscribing
witnesses to the last Will and Testament of Jonas G.
Evans, late of Delaware City, in said Delaware
County, deceased, who being by me first duly sworn
according to law, to speak the truth, the whole truth, and
nothing but the truth in relation to the execution of said
Will, deposes and says: That he was present at the exe=
=cution of the paper before him bearing date the 25th day of
July. A.D. 1887. purporting to be the last Will and Testament
of Jonas G. Evans now deceased, whose name is signed
at the end thereof, and at the request of said deceased, he
subscribed his name to the same as a witness in his
presence, that he saw the said Jonas G. Evans sign and
[corresponds to page 133 of Delaware County Will Records Vol. 8 1887-1890]
133
Jonas G. Evan's Will
Commission
The State of Ohio } ss.
Delaware County } To Hon. Daniel R. Tilden, Greeting:
Know Ye, That we, in confidence of your prudence and fidel=
=ity, have appointed you, and by these present do give
you full power and authority and take the deposition of
J.L. Smith, one of the subscribing witnesses to the
last Will and Testament of Jonas G. Evans decd,
hereto 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 J.L. Smith to be brought before
you, and then and there to examine him on oath or
affirmation first taken before you, touching the due exe=
=cution of said Will of the said Jonas G. Evans, decd
and that you reduce such examination to writing, and return
the same, together with this Commission and the Will
of the said Jonas G. Evans decd thereto annexed, closed up
under your seal, into our said Probate Court, with all
convenient speed.
In Testimony Whereof, I, Rufus Car=
=penter, Judge of the said Court, have hereunto set my
hand and affixed the seal of said Court, at Delaware
O, this 30" day of January. A.D. 1888.
Rufus Carpenter
{Seal} Probate Judge
Deposition of J.L. Smith.
The State of Ohio } ss In the matter of the last Will and Testament
Cuyahoga County } of Jonas G. Evans, decd
Personally appeared before me Daniel R. Tilden,
Commissioner, J.L. Smith, one of the subscribing
witnesses to the last Will and Testament of Jonas G.
Evans, late of Delaware City, in said Delaware
County, deceased, who being by me first duly sworn
according to law, to speak the truth, the whole truth, and
nothing but the truth in relation to the execution of said
Will, deposes and says: That he was present at the exe=
=cution of the paper before him bearing date the 25th day of
July. A.D. 1887. purporting to be the last Will and Testament
of Jonas G. Evans now deceased, whose name is signed
at the end thereof, and at the request of said deceased, he
subscribed his name to the same as a witness in his
presence, that he saw the said Jonas G. Evans sign and
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 200)
Description
[page 200]
[corresponds to page 134 of Delaware County Will Records Vol. 8 1887-1890]
134
Jonas G. Evans' Will
seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said
Jonas G. Evans at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint.
J.L. Smith.
The State of Ohio } ss
Cuyahoga County. } I, Daniel R. Tilden, duly ap=
=pointed and commissioned by the
Judge of the Probate Court of the County of Delaware
and the State of Ohio, to take the testimony of J.L.
Smith, one of the subscribing witnesses to the last
Will and Testament of Jonas G. Evans, deceased
late a resident of said County and State, which Com=
=mission, and the said Will are hereto annexed, do
hereby certify that in pursuance of said Commission I
caused the above named J.L. Smith of the sub=
=scribing witnesses as aforesaid to appear before me, at
Cleveland on the 1st day of February. 1888, that he
was first duly sworn by me, according to law, to
speak the truth, the whole truth, and nothing but the
truth; that I examined him in relation to the exe=
=cution of said Will, and reduced his testimony to
writing as above set forth in his presence and that he
signed the same in my presence, and I further certi=
=fy that I am not Counsel, Attorney or Relative
of any of the parties named in said Will, or other=
=wise interested in the Probate thereof.
In witness whereof I
have hereunto set my hand, this 1st day of February.
A.D. 1888.
Daniel R. Tilden
Commissioner
Journal Entry.
February 2nd 1888.
In the Matter of the Will }
of Jonas G. Evans. }
The Commission heretofore is:
=sued herein to take the testimony of J.L. Smith
one of the subscribing witnesses to the Will of said
Jonas G. Evans deceased, was this day returned,
duly executed and the same was filed herein.
And it appearing to the Court from the depositions
of the said J.H. Smith and J.L. Smith, the sub=
=scribing witnesses to said Will that the aforesaid
instrument of writing is the last Will and Testament
[corresponds to page 134 of Delaware County Will Records Vol. 8 1887-1890]
134
Jonas G. Evans' Will
seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said
Jonas G. Evans at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint.
J.L. Smith.
The State of Ohio } ss
Cuyahoga County. } I, Daniel R. Tilden, duly ap=
=pointed and commissioned by the
Judge of the Probate Court of the County of Delaware
and the State of Ohio, to take the testimony of J.L.
Smith, one of the subscribing witnesses to the last
Will and Testament of Jonas G. Evans, deceased
late a resident of said County and State, which Com=
=mission, and the said Will are hereto annexed, do
hereby certify that in pursuance of said Commission I
caused the above named J.L. Smith of the sub=
=scribing witnesses as aforesaid to appear before me, at
Cleveland on the 1st day of February. 1888, that he
was first duly sworn by me, according to law, to
speak the truth, the whole truth, and nothing but the
truth; that I examined him in relation to the exe=
=cution of said Will, and reduced his testimony to
writing as above set forth in his presence and that he
signed the same in my presence, and I further certi=
=fy that I am not Counsel, Attorney or Relative
of any of the parties named in said Will, or other=
=wise interested in the Probate thereof.
In witness whereof I
have hereunto set my hand, this 1st day of February.
A.D. 1888.
Daniel R. Tilden
Commissioner
Journal Entry.
February 2nd 1888.
In the Matter of the Will }
of Jonas G. Evans. }
The Commission heretofore is:
=sued herein to take the testimony of J.L. Smith
one of the subscribing witnesses to the Will of said
Jonas G. Evans deceased, was this day returned,
duly executed and the same was filed herein.
And it appearing to the Court from the depositions
of the said J.H. Smith and J.L. Smith, the sub=
=scribing witnesses to said Will that the aforesaid
instrument of writing is the last Will and Testament
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 201)
Description
[page 201]
[corresponds to page 135 of Delaware County Will Records Vol. 8 1887-1890]
Jonas G. Evan's Will
of said Jonas G. Evans, deceased. That the same
was duly executed and attested; and that the
said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind
and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as
well as the proceedings has thereon, be entered of
record in this Court.
Rufus Carpenter
Probate Judge.
[corresponds to page 135 of Delaware County Will Records Vol. 8 1887-1890]
Jonas G. Evan's Will
of said Jonas G. Evans, deceased. That the same
was duly executed and attested; and that the
said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind
and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as
well as the proceedings has thereon, be entered of
record in this Court.
Rufus Carpenter
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 202)
Description
[page 202]
[corresponds to page 136 of Delaware County Will Records Vol. 8 1887-1890]
136
Hugh Carter's Will
Journal Entry.
January. 9th 1888.
In the Matter of the Will | In the Probate Court of
of Hugh Carter, deceased | Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Hugh Carter,
late of Troy Township, in this County, deceased was
produced in open Court for Probate; On Consid=
=eration Whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof,
and of the application to admit the same to probate and
record, be given to William Carter- John H Car=
=ter- James E. Carter- Keziah Willey - Ellen
Armstrong - Helen Francis- Alice Carter- Lucinda
Ashbrook- Dora Inskip- Alice Weiser - James
Willey - Hosea Willey- Nancy Willey- Jasper
Willey - Perry Willey - Cora Carter- Mary
Carter- Mattie Carter . Hugh Francis and John
Armstrong, heirs and next of kin of the Testator,
resident of the State of Ohio, that said application
will be for hearing before this Court on the 25th~ day
of January. A.D. 1888, at two o'clock. P.M.
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } ss. In Probate Court.
Delaware County }
In the matter of the last Will
and Testament of Hugh Carter, deceased.
To William Carter-
John H. Carter- James E. Carter , Keziah Willey -
Ellen Armstrong - Helen Francis - Alice Car=
=ter- Lucinda Ashbrook - Dora Inskip- Alice Wei=
=ser - James Willey - Hosea Willey - Nancy
Willey - Jasper Willey - Perry Willey - Cora Carter
Mary Carter - Mattie Carter - Hugh Francis -
John Armstrong.
You are hereby notified that on the 9th
day of January. A.D. 1888, an instrument of writing.
purporting to be the last Will and Testament of
Hugh Carter, late of Troy Township; in said
County, deceased, was produced in open Court, and
an application to admit the same to probate was
on the same day made in said Court. Said appli=
=cation will be for hearing before this Court on the
[corresponds to page 136 of Delaware County Will Records Vol. 8 1887-1890]
136
Hugh Carter's Will
Journal Entry.
January. 9th 1888.
In the Matter of the Will | In the Probate Court of
of Hugh Carter, deceased | Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Hugh Carter,
late of Troy Township, in this County, deceased was
produced in open Court for Probate; On Consid=
=eration Whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof,
and of the application to admit the same to probate and
record, be given to William Carter- John H Car=
=ter- James E. Carter- Keziah Willey - Ellen
Armstrong - Helen Francis- Alice Carter- Lucinda
Ashbrook- Dora Inskip- Alice Weiser - James
Willey - Hosea Willey- Nancy Willey- Jasper
Willey - Perry Willey - Cora Carter- Mary
Carter- Mattie Carter . Hugh Francis and John
Armstrong, heirs and next of kin of the Testator,
resident of the State of Ohio, that said application
will be for hearing before this Court on the 25th~ day
of January. A.D. 1888, at two o'clock. P.M.
Rufus Carpenter
Probate Judge.
Notice to Heirs.
The State of Ohio } ss. In Probate Court.
Delaware County }
In the matter of the last Will
and Testament of Hugh Carter, deceased.
To William Carter-
John H. Carter- James E. Carter , Keziah Willey -
Ellen Armstrong - Helen Francis - Alice Car=
=ter- Lucinda Ashbrook - Dora Inskip- Alice Wei=
=ser - James Willey - Hosea Willey - Nancy
Willey - Jasper Willey - Perry Willey - Cora Carter
Mary Carter - Mattie Carter - Hugh Francis -
John Armstrong.
You are hereby notified that on the 9th
day of January. A.D. 1888, an instrument of writing.
purporting to be the last Will and Testament of
Hugh Carter, late of Troy Township; in said
County, deceased, was produced in open Court, and
an application to admit the same to probate was
on the same day made in said Court. Said appli=
=cation will be for hearing before this Court on the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 203)
Description
[page 203]
[corresponds to page 137 of Delaware County Will Records Vol. 8 1887-1890]
137
Hugh Carter's Will.
25" day of January. A.D. 1888, at 2'o clock. P.M.
Rufus Carpenter
{Seal} Probate Judge
Dated at Delaware Ohio, this 9" day of January.
A.D. 1888.
Return.
The State of Ohio } ss.
Delaware County } John Cunningham being duly
sworn, says that on the 18"
day of January. A.D. 1888, he served the within
notice by delivering a true copy thereof to all of the
within named parties.
John Cunningham
Subscribed in my presence and sworn to before me
this 25" day of Jan. 1888.
Rufus Carpenter
{Seal} Probate judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
John A. Carter one of the subscribing witnesses to
the last Will and Testament of Hugh Carter
late of Troy Township in said Delaware County,
deceased; who being duly sworn according to law,
to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will,
depose and say: That the paper before him bearing
date the 12" day of December .A.D. 1885, purporting
to be the last Will and Testament of Hugh Carter,
now deceased, is the Will of said deceased, that he
was present at the execution of said will, and at the
request of the Testator, subscribed his name to the
same as witness in his presence; that he saw the
said Hugh Carter, deceased, sign and seal said
Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said
Hugh Carter, at the time of making, signing and
sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
John A. Harter.
Sworn to and subscribed by said witness in open Court,
this 25 day of January. A.D. 1888.
{Seal} Rufus Carpenter. Probate Judge.
[corresponds to page 137 of Delaware County Will Records Vol. 8 1887-1890]
137
Hugh Carter's Will.
25" day of January. A.D. 1888, at 2'o clock. P.M.
Rufus Carpenter
{Seal} Probate Judge
Dated at Delaware Ohio, this 9" day of January.
A.D. 1888.
Return.
The State of Ohio } ss.
Delaware County } John Cunningham being duly
sworn, says that on the 18"
day of January. A.D. 1888, he served the within
notice by delivering a true copy thereof to all of the
within named parties.
John Cunningham
Subscribed in my presence and sworn to before me
this 25" day of Jan. 1888.
Rufus Carpenter
{Seal} Probate judge.
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open Court
John A. Carter one of the subscribing witnesses to
the last Will and Testament of Hugh Carter
late of Troy Township in said Delaware County,
deceased; who being duly sworn according to law,
to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will,
depose and say: That the paper before him bearing
date the 12" day of December .A.D. 1885, purporting
to be the last Will and Testament of Hugh Carter,
now deceased, is the Will of said deceased, that he
was present at the execution of said will, and at the
request of the Testator, subscribed his name to the
same as witness in his presence; that he saw the
said Hugh Carter, deceased, sign and seal said
Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said
Hugh Carter, at the time of making, signing and
sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
John A. Harter.
Sworn to and subscribed by said witness in open Court,
this 25 day of January. A.D. 1888.
{Seal} Rufus Carpenter. Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 204)
Description
[page 204]
[corresponds to page 138 of Delaware County Will Records Vol. 8 1887-1890]
138
Hugh Carter's Will
Journal Entry.
January 25 1888.
In the Matter of the Will |
of Hugh Carter, Deceased.| Be it remembered, that
heretofore, to-wit: on the 9th
day of January A.D. 1888. an instrument of writing, pur=
=porting to be the last Will and Testament of Hugh
Carter, late of Troy Township, in this County, de=
=ceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfac=
=tion of the Court, that due notice of the filing of said
Will, and of the application to admit the same to
probate and record in this Court, has been given to
William Carter- John H. Carter. James E. Carter
Keziah Willey - Ellen Armstrong - Helen Francis -
Alice Carter - Lucinda Ashbrook - Dora Inskip -
Alice Weiser - James Willey - Hosea Willey -
Nancy Willey - Jasper Willey - Perry Willey -
Cora Carter - Mary Carter - Mattie Carter - Hugh
Francis - and John Armstrong, heirs, legatees and next of
kin of the Testator resident of the State of Ohio, pur-
=suant to a former order of this Court; therefore on this
day came John A. Carter, one of the subscribing wit=
=nesses to said Will, who being duly sworn ,testified
to the due execution and attestation of said Will.
Which testimony was reduced to writing, by him
subscribed, and filed with said Will.
And it appearing to the Court that William L.
Crawford, the other subscribing witness to said Will,
is a resident of Seneca County, Ohio, and is with=
=out the jurisdiction of this Court, it is therefore or=
=dered that a commission with the Will annexed,
issue herein to J.C. Royer, of Tiffin, Seneca Coun:
=ty, Ohio directing him to take the deposition of said
subscribing witness, and return the same duly certified, with
all convenient speed to this Court.
Rufus Carpenter.
Probate Judge
Commission.
The State of Ohio } ss. To J.G. Royer - Greeting
Delaware County }
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 William L. Crawford one of
the subscribing witnesses to the last Will and Testament
[corresponds to page 138 of Delaware County Will Records Vol. 8 1887-1890]
138
Hugh Carter's Will
Journal Entry.
January 25 1888.
In the Matter of the Will |
of Hugh Carter, Deceased.| Be it remembered, that
heretofore, to-wit: on the 9th
day of January A.D. 1888. an instrument of writing, pur=
=porting to be the last Will and Testament of Hugh
Carter, late of Troy Township, in this County, de=
=ceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfac=
=tion of the Court, that due notice of the filing of said
Will, and of the application to admit the same to
probate and record in this Court, has been given to
William Carter- John H. Carter. James E. Carter
Keziah Willey - Ellen Armstrong - Helen Francis -
Alice Carter - Lucinda Ashbrook - Dora Inskip -
Alice Weiser - James Willey - Hosea Willey -
Nancy Willey - Jasper Willey - Perry Willey -
Cora Carter - Mary Carter - Mattie Carter - Hugh
Francis - and John Armstrong, heirs, legatees and next of
kin of the Testator resident of the State of Ohio, pur-
=suant to a former order of this Court; therefore on this
day came John A. Carter, one of the subscribing wit=
=nesses to said Will, who being duly sworn ,testified
to the due execution and attestation of said Will.
Which testimony was reduced to writing, by him
subscribed, and filed with said Will.
And it appearing to the Court that William L.
Crawford, the other subscribing witness to said Will,
is a resident of Seneca County, Ohio, and is with=
=out the jurisdiction of this Court, it is therefore or=
=dered that a commission with the Will annexed,
issue herein to J.C. Royer, of Tiffin, Seneca Coun:
=ty, Ohio directing him to take the deposition of said
subscribing witness, and return the same duly certified, with
all convenient speed to this Court.
Rufus Carpenter.
Probate Judge
Commission.
The State of Ohio } ss. To J.G. Royer - Greeting
Delaware County }
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 William L. Crawford one of
the subscribing witnesses to the last Will and Testament
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 205)
Description
[page 205]
[corresponds to page 139 of Delaware County Will Records Vol. 8 1887-1890]
139
Hugh Carter's Will.
of Hugh Carter decd hereto 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
William L. Crawford to be brought before you, and
then and there to examine him on oath or affirma=
=tion first taken before you, touching the due execution
of said Will of the said Hugh Carter, decd, and
that you reduce such examination to writing, and
return the same, together with this Commission and
the Will of the said Hugh Carter, decd, thereto
annexed, closed up under your seal, into our said
Probate Court, with all convenient speed.
In Testimony Whereof,
I, Rufus Carpenter, Judge of the said Court,
have hereunto set my hand and affixed the seal of
said Court, at Delaware, this 25" day of January.
A.D. 1888,
Rufus Carpenter
{Seal} Probate Judge
Copy of Will.
In the Name of the Benevolent Father of All I,
Hugh Carter 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.
1st I direct that all my just debts and expenses be paid
out of any money or personal property that may be on
hand at my decease.
2nd I direct that all Real Estate that may be on hand
at my decease be sold by my executor as soon as he
may be able to dispose of the same without loss or
sacrifice and he is hereby authorized to sell and convey
the same as I could myself without any authority
from Court and he may sell said Real Estate in
different lots or parcels at public or private sale on
such terms as he may be able to obtain.
3rd I give and devise to each of my three sons William_
John H & James E. Carter five hundred dollars
each, to be paid out of the first money that may be
received from the sale of my real estate.
4th I give and devise to my daughters Keziah Willey
& Ellen Armstrong one thousand dollars each and to
my daughter Helen Francis five hundred dollars.
[corresponds to page 139 of Delaware County Will Records Vol. 8 1887-1890]
139
Hugh Carter's Will.
of Hugh Carter decd hereto 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
William L. Crawford to be brought before you, and
then and there to examine him on oath or affirma=
=tion first taken before you, touching the due execution
of said Will of the said Hugh Carter, decd, and
that you reduce such examination to writing, and
return the same, together with this Commission and
the Will of the said Hugh Carter, decd, thereto
annexed, closed up under your seal, into our said
Probate Court, with all convenient speed.
In Testimony Whereof,
I, Rufus Carpenter, Judge of the said Court,
have hereunto set my hand and affixed the seal of
said Court, at Delaware, this 25" day of January.
A.D. 1888,
Rufus Carpenter
{Seal} Probate Judge
Copy of Will.
In the Name of the Benevolent Father of All I,
Hugh Carter 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.
1st I direct that all my just debts and expenses be paid
out of any money or personal property that may be on
hand at my decease.
2nd I direct that all Real Estate that may be on hand
at my decease be sold by my executor as soon as he
may be able to dispose of the same without loss or
sacrifice and he is hereby authorized to sell and convey
the same as I could myself without any authority
from Court and he may sell said Real Estate in
different lots or parcels at public or private sale on
such terms as he may be able to obtain.
3rd I give and devise to each of my three sons William_
John H & James E. Carter five hundred dollars
each, to be paid out of the first money that may be
received from the sale of my real estate.
4th I give and devise to my daughters Keziah Willey
& Ellen Armstrong one thousand dollars each and to
my daughter Helen Francis five hundred dollars.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 206)
Description
[page 206]
[corresponds to page 140 of Delaware County Will Records Vol. 8 1887-1890]
140
Hugh Carter's Will
to my daughter Ann M. deceased one thousand dollars,
and to my daughter Allace Carter thirteen hundred
dollars.
5th I will and devise to each of my grand children being
the children of my son John H. Carter and the children
of my daughter Keziah Willey. And the children of
my daughter Elinor Armstrong and to the children
of my son James E. Carter all the said grand
children as heretofore named that may be living at
my decease or when such payments can be made
shall each receive one hundred dollars.
6th I give and devise to Mrs Lucinda Ashbrook if
she should be living at my decease one hundred
dollars.
7th I hereby constitute and appoint my friend John Cun=
=ningham my Executor to settle all my estate
and should he not be able by infirmity or age to
settle the same I constitute and appoint my son
John H. Carter to settle or finish the same and he
is authorized to sell and convey the same as the first
mentioned Executor.
8th It is further my will that any balance that may
be left after paying the foregoing bequests be equally
divided between my children heretofore named
In Testimony whereof I hereby set my hand and
seal this twelfth day of December. A.D. 1885
Hugh Carter. {Seal}
Signed and acknowledged by
the Testator in our presence
and signed by us in his presence
and in the presence of each other.
and at his request. John A. Carter
William L. Crawford.
Deposition of Witness to Will.
The State of Ohio } ss. In the Matter of the last Will and
Seneca County } Testament of Hugh Carter, decd
Personally appeared before me J.C. Royer, Commis=
sioner, William L. Crawford one of the subscribing wit=
=nesses to the last Will and Testament of Hugh Car=
=ter, late of Troy Township in said Delaware County,
deceased, who being by me first duly sworn according
to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
[corresponds to page 140 of Delaware County Will Records Vol. 8 1887-1890]
140
Hugh Carter's Will
to my daughter Ann M. deceased one thousand dollars,
and to my daughter Allace Carter thirteen hundred
dollars.
5th I will and devise to each of my grand children being
the children of my son John H. Carter and the children
of my daughter Keziah Willey. And the children of
my daughter Elinor Armstrong and to the children
of my son James E. Carter all the said grand
children as heretofore named that may be living at
my decease or when such payments can be made
shall each receive one hundred dollars.
6th I give and devise to Mrs Lucinda Ashbrook if
she should be living at my decease one hundred
dollars.
7th I hereby constitute and appoint my friend John Cun=
=ningham my Executor to settle all my estate
and should he not be able by infirmity or age to
settle the same I constitute and appoint my son
John H. Carter to settle or finish the same and he
is authorized to sell and convey the same as the first
mentioned Executor.
8th It is further my will that any balance that may
be left after paying the foregoing bequests be equally
divided between my children heretofore named
In Testimony whereof I hereby set my hand and
seal this twelfth day of December. A.D. 1885
Hugh Carter. {Seal}
Signed and acknowledged by
the Testator in our presence
and signed by us in his presence
and in the presence of each other.
and at his request. John A. Carter
William L. Crawford.
Deposition of Witness to Will.
The State of Ohio } ss. In the Matter of the last Will and
Seneca County } Testament of Hugh Carter, decd
Personally appeared before me J.C. Royer, Commis=
sioner, William L. Crawford one of the subscribing wit=
=nesses to the last Will and Testament of Hugh Car=
=ter, late of Troy Township in said Delaware County,
deceased, who being by me first duly sworn according
to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 207)
Description
[page 207]
[corresponds to page 141 of Delaware County Will Records Vol. 8 1887-1890]
141
Hugh Carter's Will
deposes and says: That he was present at the execu=
=tion of the paper before him bearing date the 12" day
of December. A.D. 1885, purporting to be the last
Will and Testament of Hugh Carter now de=
=ceased, whose name is signed at the end thereof and
at the request of said deceased, he subscribed his
name to the same as a witness in his presence;
that he saw the said Hugh Carter sign and seal
said Will, and heard him acknowledge the same
to be his last Will and Testament and that the
said Hugh Carter at the time of making, sign=
=ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
W.L. Crawford.
The State of Ohio }
Seneca County, ss } I, J.C. Royer, duly appoint=
=ed and Commissioned by the
Judge of the Probate Court of the County of Del=
=aware and the State of Ohio, to take the testimony
of William L. Crawford, one of the subscribing wit=
nesses to the last Will and Testament of Hugh
Carter, deceased, late a resident of said County
and State, which Commission, and the said Will
are hereto annexed, do hereby certify that in pursu=
=ance of said Commission, I caused the above
named William L. Crawford, one of the subscribing
witnesses as aforesaid to appear before me, at Tiffin
on the 28th day of January. 1888, that he was first
duly sworn by me, according to law, to speak the
truth, the whole truth, and nothing but the truth; that
I examined him in relation to the execution of said
Will, and reduced his testimony to writing as above
set forth in his presence and that he signed the
same in my presence, and I further certify that I
am not Counsel, Attorney or Relative of any of
the parties named in said Will, or otherwise inter=
=ested in the Probate thereof.
In witness whereof I have
hereunto set my hand, this 28th day of January. A.
D. 1888.
J.C. Royer
Commissioner.
{Seal}
[corresponds to page 141 of Delaware County Will Records Vol. 8 1887-1890]
141
Hugh Carter's Will
deposes and says: That he was present at the execu=
=tion of the paper before him bearing date the 12" day
of December. A.D. 1885, purporting to be the last
Will and Testament of Hugh Carter now de=
=ceased, whose name is signed at the end thereof and
at the request of said deceased, he subscribed his
name to the same as a witness in his presence;
that he saw the said Hugh Carter sign and seal
said Will, and heard him acknowledge the same
to be his last Will and Testament and that the
said Hugh Carter at the time of making, sign=
=ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
W.L. Crawford.
The State of Ohio }
Seneca County, ss } I, J.C. Royer, duly appoint=
=ed and Commissioned by the
Judge of the Probate Court of the County of Del=
=aware and the State of Ohio, to take the testimony
of William L. Crawford, one of the subscribing wit=
nesses to the last Will and Testament of Hugh
Carter, deceased, late a resident of said County
and State, which Commission, and the said Will
are hereto annexed, do hereby certify that in pursu=
=ance of said Commission, I caused the above
named William L. Crawford, one of the subscribing
witnesses as aforesaid to appear before me, at Tiffin
on the 28th day of January. 1888, that he was first
duly sworn by me, according to law, to speak the
truth, the whole truth, and nothing but the truth; that
I examined him in relation to the execution of said
Will, and reduced his testimony to writing as above
set forth in his presence and that he signed the
same in my presence, and I further certify that I
am not Counsel, Attorney or Relative of any of
the parties named in said Will, or otherwise inter=
=ested in the Probate thereof.
In witness whereof I have
hereunto set my hand, this 28th day of January. A.
D. 1888.
J.C. Royer
Commissioner.
{Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 208)
Description
[page 208]
[corresponds to page 142 of Delaware County Will Records Vol. 8 1887-1890]
142
Hugh Carter's Will.
Journal Entry.
Feb'y 3rd 1888.
In the Matter of the Will |
of Hugh Carter, deceased. |
The commission heretofore
issued herein to take the testimony of William L.
Crawford, one of the subscribing witnesses to the Will of
of said Hugh Carter, deceased, was this day return=
=ed, duly executed, and the same was filed herein.
And it appearing to the Court from the examination
of the former witness and from the deposition of the said
William L. Crawford, that the aforesaid instrument
of writing is the last Will and Testament of said
Hugh Carter, deceased, That the same was duly
executed and attested; and that the said Testator, at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and
that the same. together with the testimony of the wit=
=nesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
[corresponds to page 142 of Delaware County Will Records Vol. 8 1887-1890]
142
Hugh Carter's Will.
Journal Entry.
Feb'y 3rd 1888.
In the Matter of the Will |
of Hugh Carter, deceased. |
The commission heretofore
issued herein to take the testimony of William L.
Crawford, one of the subscribing witnesses to the Will of
of said Hugh Carter, deceased, was this day return=
=ed, duly executed, and the same was filed herein.
And it appearing to the Court from the examination
of the former witness and from the deposition of the said
William L. Crawford, that the aforesaid instrument
of writing is the last Will and Testament of said
Hugh Carter, deceased, That the same was duly
executed and attested; and that the said Testator, at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and
that the same. together with the testimony of the wit=
=nesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
Rufus Carpenter
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 209)
Description
[page 209]
[corresponds to page 143 of Delaware County Will Records Vol. 8 1887-1890]
143
4271 Absalom Spong's Will,
Journal Entry.
Feb. 18" 1888.
In the Matter of the Will of |
Absalom Spong, deceased. |
This day an instrument
of writing, purporting to be the last Will and Testament
of Absalom Spong, late of Liberty Township, in this
County, deceased, was produced in open Court for
Probate; On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due
notice thereof, and of the application to admit the same
to probate and record, be given to Mary Spong widow and
Susan J. Taylor heir and next of kin of the Tes=
=tator, resident of the State of Ohio, that said appli=
=cation will be for hearing before this Court on the
21st day of February. A.D. 1888, at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } ss. In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Absalom Spong, deceased.
To Mary Spong.
widow and Susan J. Taylor.
You are hereby notified
that on the 18" day of February A.D. 1888, an instru=
=ment of writing, purporting to be the last Will and
Testament of Absalom Spong, late of Liberty Town=
=ship, in said County, deceased, was produced in
open Court, and an application to admit the same
to probate was on the same day made in said
Court. Said application will be for hearing before
this Court on the 21" day of February, A.D. 1888,
at 10 o'clock A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 18" day of February
A.D. 1888.
[corresponds to page 143 of Delaware County Will Records Vol. 8 1887-1890]
143
4271 Absalom Spong's Will,
Journal Entry.
Feb. 18" 1888.
In the Matter of the Will of |
Absalom Spong, deceased. |
This day an instrument
of writing, purporting to be the last Will and Testament
of Absalom Spong, late of Liberty Township, in this
County, deceased, was produced in open Court for
Probate; On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due
notice thereof, and of the application to admit the same
to probate and record, be given to Mary Spong widow and
Susan J. Taylor heir and next of kin of the Tes=
=tator, resident of the State of Ohio, that said appli=
=cation will be for hearing before this Court on the
21st day of February. A.D. 1888, at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } ss. In Probate Court
Delaware County }
In the matter of the last Will and
Testament of Absalom Spong, deceased.
To Mary Spong.
widow and Susan J. Taylor.
You are hereby notified
that on the 18" day of February A.D. 1888, an instru=
=ment of writing, purporting to be the last Will and
Testament of Absalom Spong, late of Liberty Town=
=ship, in said County, deceased, was produced in
open Court, and an application to admit the same
to probate was on the same day made in said
Court. Said application will be for hearing before
this Court on the 21" day of February, A.D. 1888,
at 10 o'clock A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 18" day of February
A.D. 1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 210)
Description
[page 210]
[corresponds to page 144 of Delaware County Will Records Vol. 8 1887-1890]
144
Absalom Spong's Will
Return.
The State of Ohio } ss.
Delaware County } George Seum being duly sworn
says that on the 20" day of
February. A.D. 1888, he served the within notice by
delivering a true copy thereof to the within named
Mary Spong widow and Susan J. Taylor.
George Seum.
Subscribed in my presence and sworn to before me
this 21st day of Feb. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open
Court Sue Brecht and George Seum the sub=
scribing witnesses to the last Will and Testament of
Absalom Spong, late of Liberty Township in said
Delaware County, deceased; who being duly sworn
according to law to speak the truth, the whole
truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the
paper before them bearing date the 21" day of April.
A.D. 1884. purporting to be the last Will and Tes=
=tament of Absalom Spong now deceased, is the
Will of said deceased, that they were present
at the execution of said Will, and at the request
of the Testator, respectively subscribed their names
to the same as witnesses, in his presence; that they
saw the said Absalom Spong deceased sign and seal
said Will, and heard him acknowledge the same to
be his last last Will and Testament, and that the
said Absalom Spong at the time of making, sign=
ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
Mrs. Lue Brecht
George Seum.
Sworn to and subscribed by said witnesses, in open
Court, this 18" day of February. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 144 of Delaware County Will Records Vol. 8 1887-1890]
144
Absalom Spong's Will
Return.
The State of Ohio } ss.
Delaware County } George Seum being duly sworn
says that on the 20" day of
February. A.D. 1888, he served the within notice by
delivering a true copy thereof to the within named
Mary Spong widow and Susan J. Taylor.
George Seum.
Subscribed in my presence and sworn to before me
this 21st day of Feb. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County }
Personally appeared in open
Court Sue Brecht and George Seum the sub=
scribing witnesses to the last Will and Testament of
Absalom Spong, late of Liberty Township in said
Delaware County, deceased; who being duly sworn
according to law to speak the truth, the whole
truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the
paper before them bearing date the 21" day of April.
A.D. 1884. purporting to be the last Will and Tes=
=tament of Absalom Spong now deceased, is the
Will of said deceased, that they were present
at the execution of said Will, and at the request
of the Testator, respectively subscribed their names
to the same as witnesses, in his presence; that they
saw the said Absalom Spong deceased sign and seal
said Will, and heard him acknowledge the same to
be his last last Will and Testament, and that the
said Absalom Spong at the time of making, sign=
ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
Mrs. Lue Brecht
George Seum.
Sworn to and subscribed by said witnesses, in open
Court, this 18" day of February. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 211)
Description
[page 211]
[corresponds to page 145 of Delaware County Will Records Vol. 8 1887-1890]
145
Absalom Spong's Will
Journal Entry
Feb. 21st 1888.
In the Matter of the Will of |
Absalom Spong. deceased. |
Be it remembered, that
heretofore, to-wit: on the 18" day of February. A.D.
1888, an instrument of writing, purporting to be the
last Will and Testament of Absalom Spong late
of Liberty. Township, in this County, deceased, was
produced in open Court for probate, and was then
filed. And, [crossed out: it now being shown to the satisfaction of
[crossed out: the Court, that due notice of the] thereupon came
Sue Brecht and George Seum the subscribing
witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with said
Will, and of the application to admit the same
to probate and record in this Court, has been given to
Mary Spong widow and Susan J Taylor heir and
next of kin of the Testator, resident of the State of
Ohio, pursuant to a former order of this Court.
Whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testa=
=ment of said Absalom Spong. deceased. That the
same was duly executed and attested, and that the
said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind
and memory, and not under any restraint. It is
therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together
with the testimony of the witnesses above named , as
well as the proceedings had thereon, be entered of rec=
=ord in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
April the 21st 1884.
In the name of the Benevolent Father of all:
I, Absalom
Spong of Liberty Township Delaware County Ohio,
do make and publish this my last will and testa=
=ment.
I give and devise to my beloved wife in lue of her
[corresponds to page 145 of Delaware County Will Records Vol. 8 1887-1890]
145
Absalom Spong's Will
Journal Entry
Feb. 21st 1888.
In the Matter of the Will of |
Absalom Spong. deceased. |
Be it remembered, that
heretofore, to-wit: on the 18" day of February. A.D.
1888, an instrument of writing, purporting to be the
last Will and Testament of Absalom Spong late
of Liberty. Township, in this County, deceased, was
produced in open Court for probate, and was then
filed. And, [crossed out: it now being shown to the satisfaction of
[crossed out: the Court, that due notice of the] thereupon came
Sue Brecht and George Seum the subscribing
witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with said
Will, and of the application to admit the same
to probate and record in this Court, has been given to
Mary Spong widow and Susan J Taylor heir and
next of kin of the Testator, resident of the State of
Ohio, pursuant to a former order of this Court.
Whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testa=
=ment of said Absalom Spong. deceased. That the
same was duly executed and attested, and that the
said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind
and memory, and not under any restraint. It is
therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together
with the testimony of the witnesses above named , as
well as the proceedings had thereon, be entered of rec=
=ord in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
April the 21st 1884.
In the name of the Benevolent Father of all:
I, Absalom
Spong of Liberty Township Delaware County Ohio,
do make and publish this my last will and testa=
=ment.
I give and devise to my beloved wife in lue of her
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 212)
Description
[page 212]
[corresponds to page 146 of Delaware County Will Records Vol. 8 1887-1890]
146
Absalom Spong's Will
dower the farm on which we now live containing one
hundred Acres during her natural life and all
stock household goods furniture provisions which
may be therein that has been mine at the time
of my deceased during her natural life as aforesaid
she however selling so much thereof as may be
sufficient to pay my just debts at the death of
my said wife the real estate aforesaid I give
and devise to my daughter Susan Jane Taylor.
and to her children after her death. after paying
for funeral expenses and a Tumeston
I hereby nominate
and appoint George Seum executor of this my last
will and testament
Absalom Spong.
Sue Brecht }
Elizabeth Seum } George Seum. J.P.
[corresponds to page 146 of Delaware County Will Records Vol. 8 1887-1890]
146
Absalom Spong's Will
dower the farm on which we now live containing one
hundred Acres during her natural life and all
stock household goods furniture provisions which
may be therein that has been mine at the time
of my deceased during her natural life as aforesaid
she however selling so much thereof as may be
sufficient to pay my just debts at the death of
my said wife the real estate aforesaid I give
and devise to my daughter Susan Jane Taylor.
and to her children after her death. after paying
for funeral expenses and a Tumeston
I hereby nominate
and appoint George Seum executor of this my last
will and testament
Absalom Spong.
Sue Brecht }
Elizabeth Seum } George Seum. J.P.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 213)
Description
[page 213]
[corresponds to page 147 of Delaware County Will Records Vol. 8 1887-1890]
147
Benjamin Lea's Will
Journal Entry
February. 24" 1888.
In the Matter of the Will | In the Probate Court of
of Benjamin Lea, deceased| Delaware County. Ohio
This day, an instrument of writing, purporting
to be the last Will and Testament of Benjamin
Lea, late of Oxford Township, in this County, de=
=ceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that
the said Will be filed in this Court. ~
And thereupon came Nancy Lea his widow,
Alexander Lea - Ona L. Whipple - Winnifred I
Whipple and Thirsa Hill, heirs, legatees and next
of kin of the Testator, resident of the State of Ohio
and waived further notice and consented to the probate of said Will:
And thereupon came Wellington Slack
J.T. Livingston the subscribing witnesses to said
Will, who being duly sworn, testified to the due
execution and attestation of said Will. Which
testimony was reduced to writing, by them re=
=spectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instru=
=ment of writing is the last Will and Testament
of said Benjamin Lea, deceased. That the same
was duly executed and attested; and that the said
Testator, at the time of making, signing and seal=
=ing said Will, was of full age, of sound mind and
memory, and not under any restraint. . It is
therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as
well as the proceedings had thereon, be entered of rec=
=ord in this Court.
N.F. Overturf
Probate Judge.
Waiver
We, the undersigned Legatees of the within named
decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 24" day of February. A.D. 1888.
Nancy Lea
Alexander Lea Thirsa A. Hill
Ona L. Whipple
Winnifred I. Whipple
Edward Whipple
[corresponds to page 147 of Delaware County Will Records Vol. 8 1887-1890]
147
Benjamin Lea's Will
Journal Entry
February. 24" 1888.
In the Matter of the Will | In the Probate Court of
of Benjamin Lea, deceased| Delaware County. Ohio
This day, an instrument of writing, purporting
to be the last Will and Testament of Benjamin
Lea, late of Oxford Township, in this County, de=
=ceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that
the said Will be filed in this Court. ~
And thereupon came Nancy Lea his widow,
Alexander Lea - Ona L. Whipple - Winnifred I
Whipple and Thirsa Hill, heirs, legatees and next
of kin of the Testator, resident of the State of Ohio
and waived further notice and consented to the probate of said Will:
And thereupon came Wellington Slack
J.T. Livingston the subscribing witnesses to said
Will, who being duly sworn, testified to the due
execution and attestation of said Will. Which
testimony was reduced to writing, by them re=
=spectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instru=
=ment of writing is the last Will and Testament
of said Benjamin Lea, deceased. That the same
was duly executed and attested; and that the said
Testator, at the time of making, signing and seal=
=ing said Will, was of full age, of sound mind and
memory, and not under any restraint. . It is
therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as
well as the proceedings had thereon, be entered of rec=
=ord in this Court.
N.F. Overturf
Probate Judge.
Waiver
We, the undersigned Legatees of the within named
decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 24" day of February. A.D. 1888.
Nancy Lea
Alexander Lea Thirsa A. Hill
Ona L. Whipple
Winnifred I. Whipple
Edward Whipple
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 214)
Description
[page 214]
[corresponds to page 148 of Delaware County Will Records Vol. 8 1887-1890]
148
Benjamin Lea's Will
Probate of Will
The State of Ohio } ss In Probate Court
Delaware County,
Personally appeared in open Court
Wellington Slack and T.J. Livingston the sub=
scribing witnesses to the last Will and Testament of
Benjamin Lea, late of Oxford Township in said Del=
=aware County, deceased; who being duly sworn ac=
=cording to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution
of said Will, depose and say: That the paper before
them bearing date the 24 day of April. A.D. 1885,
purporting to be the last Will and Testament of
Benjamin Lea now deceased, is the Will of said
deceased, that they were present at the execution of
said Will, and at the request of the Testator, re=
=spectively subscribed their names to the same as
witnesses, in his presence; that they saw the said
Benjamin Lea deceased sign and seal said Will,
and heard him acknowledge the same to be his last
Will and Testament, and that the said Benjamin
Lea at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint.
Wellington Slack
J.T. Livingston
Sworn to and subscribed by said witnesses, in open
Court, this 24" day of February A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all.
I Benjamin Lea of
Oxford Township Delaware County and State of Ohio do make
and publish this my last will and testament.
Item 1st I give and devise to my beloved wife in lieu of her dower
the farm on which we now reside Situated in Oxford
Township Township Delaware County, Ohio containing about
one hundred and eighty (180) acres of land during her natural
life: and all the stock, household goods, furniture provision
and other goods and chattels which may be thereon at
the time of my decease, absolutely and to do as she pleases
with.
Item 2d I give and devise to my son George Lea and his heirs One
Thousand ($1000.00) Dollars to be paid in two years after
[corresponds to page 148 of Delaware County Will Records Vol. 8 1887-1890]
148
Benjamin Lea's Will
Probate of Will
The State of Ohio } ss In Probate Court
Delaware County,
Personally appeared in open Court
Wellington Slack and T.J. Livingston the sub=
scribing witnesses to the last Will and Testament of
Benjamin Lea, late of Oxford Township in said Del=
=aware County, deceased; who being duly sworn ac=
=cording to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution
of said Will, depose and say: That the paper before
them bearing date the 24 day of April. A.D. 1885,
purporting to be the last Will and Testament of
Benjamin Lea now deceased, is the Will of said
deceased, that they were present at the execution of
said Will, and at the request of the Testator, re=
=spectively subscribed their names to the same as
witnesses, in his presence; that they saw the said
Benjamin Lea deceased sign and seal said Will,
and heard him acknowledge the same to be his last
Will and Testament, and that the said Benjamin
Lea at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint.
Wellington Slack
J.T. Livingston
Sworn to and subscribed by said witnesses, in open
Court, this 24" day of February A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all.
I Benjamin Lea of
Oxford Township Delaware County and State of Ohio do make
and publish this my last will and testament.
Item 1st I give and devise to my beloved wife in lieu of her dower
the farm on which we now reside Situated in Oxford
Township Township Delaware County, Ohio containing about
one hundred and eighty (180) acres of land during her natural
life: and all the stock, household goods, furniture provision
and other goods and chattels which may be thereon at
the time of my decease, absolutely and to do as she pleases
with.
Item 2d I give and devise to my son George Lea and his heirs One
Thousand ($1000.00) Dollars to be paid in two years after
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 215)
Description
[page 215]
[corresponds to page 149 of Delaware County Will Records Vol. 8 1887-1890]
149
Benjamin Lea's Will
my death.
Item 3d I give and devise to my Daughter Thirza Hill and her
heirs Six Hundred ($600.00) Dollars to be paid in two
years after my death.
Item 4th I give and devise to my son Alexander Lea and his heirs
Six Hundred ($600.00) Dollars to be paid in two years after
my death.
Item 5th I give and devise to my Grandson Oney Lester Whip=
=ple Five Hundred ($500.00) Dollars to be paid in three
years after the death of his grandmother Lea.
Item 6th I give and devise to my grand daughter Winifred
Isabelle Whipple Five Hundred ($500.00) Dollars to be paid
in three years after the death of her grand mother Lea and
if either of the said Grand children should die during the
life of their Grand Mother Lea the surviving Grand child to
have both portions.
Item 7th I hereby authorize my said wife Nancy Lea, and my son
Thomas W. Lea to sell if necessary any of the above describ=
=ed Real Estate.
Item 8th I devise and bequeath all the residue of my real estate
after the death of my said wife to my son Thomas W.
Lea and his heirs.
I do hereby nominate and appoint my wife Nancy Lea
Executrix and Thomas W. Lea (my son) Executor of this
my last will and testament hereby authorizing and empower=
=ing them to compromise adjust release and discharge
in such manner as they may deem proper the debts and
claims due me.
I also authorize and empower them if it shall become
necessary in order to pay my debts to sell by private
sale in such manner upon such terms of credit
or otherwise as they may think proper all or any part
of my Real Estate and deeds to purchasers to execute
acknowledge and deliver in fee simple.
I desire that no
appraisement and no sale of my personal property be made
and that the court of Probate direct the omission of the
same in pursuance of the Statutes.
I do hereby revoke all for=
mer wills by me made.
Benjamin Lea
Signed and acknowledged by said Benjamin Lea as his
last will and testament in our presence, and signed by
in his presence.
Wellington Slack
J.T. Livingston
April 24th 1885.
[corresponds to page 149 of Delaware County Will Records Vol. 8 1887-1890]
149
Benjamin Lea's Will
my death.
Item 3d I give and devise to my Daughter Thirza Hill and her
heirs Six Hundred ($600.00) Dollars to be paid in two
years after my death.
Item 4th I give and devise to my son Alexander Lea and his heirs
Six Hundred ($600.00) Dollars to be paid in two years after
my death.
Item 5th I give and devise to my Grandson Oney Lester Whip=
=ple Five Hundred ($500.00) Dollars to be paid in three
years after the death of his grandmother Lea.
Item 6th I give and devise to my grand daughter Winifred
Isabelle Whipple Five Hundred ($500.00) Dollars to be paid
in three years after the death of her grand mother Lea and
if either of the said Grand children should die during the
life of their Grand Mother Lea the surviving Grand child to
have both portions.
Item 7th I hereby authorize my said wife Nancy Lea, and my son
Thomas W. Lea to sell if necessary any of the above describ=
=ed Real Estate.
Item 8th I devise and bequeath all the residue of my real estate
after the death of my said wife to my son Thomas W.
Lea and his heirs.
I do hereby nominate and appoint my wife Nancy Lea
Executrix and Thomas W. Lea (my son) Executor of this
my last will and testament hereby authorizing and empower=
=ing them to compromise adjust release and discharge
in such manner as they may deem proper the debts and
claims due me.
I also authorize and empower them if it shall become
necessary in order to pay my debts to sell by private
sale in such manner upon such terms of credit
or otherwise as they may think proper all or any part
of my Real Estate and deeds to purchasers to execute
acknowledge and deliver in fee simple.
I desire that no
appraisement and no sale of my personal property be made
and that the court of Probate direct the omission of the
same in pursuance of the Statutes.
I do hereby revoke all for=
mer wills by me made.
Benjamin Lea
Signed and acknowledged by said Benjamin Lea as his
last will and testament in our presence, and signed by
in his presence.
Wellington Slack
J.T. Livingston
April 24th 1885.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 216)
Description
[page 216]
[corresponds to page 150 of Delaware County Will Records Vol. 8 1887-1890]
150
Benjamin McMaster's Will
Journal Entry.
February 17" 1888.
In the Matter of the Will } In the Probate Court of
of Benjamin McMaster, decd} Delaware County. Ohio
This day, an instrument of writing, purporting to be the
last Will and Testament of Benjamin McMaster, late
of Oxford Township, in this County, deceased, was
produced in open Court for Probate; On Considera=
=tion Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the
application to admit the same to probate and record,
be given to H. P. McMaster- Wm A. McMaster-
Elosia A. Barton - Benj. McMaster - Lyman P.
McMaster & Theodore McMaster and Mary E. Jones
heirs, legatees and next of kin of the Testator, resident
of the State of Ohio, that said application will be
for hearing before this Court on the 25th day of
February. A.D. 1888, at 830 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County .ss }
In the matter of the last Will
and Testament of Benjamin McMaster, deceased.
To H.P.
McMaster - Wm A. McMaster - Elosia A Barton
Benj. McMaster - Lyman P. McMaster & Theodore
McMaster & Mary E. Jones.
You are hereby notified
that on the 17" day of February. A.D. 1888 an in=
=strument of writing, purporting to be the last Will
and Testament of Benjamin McMaster late of Oxford
Township, in said County, deceased, was produced in
open Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 25th day of February. A.D. 1888, at 830 oclock
A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 17th day of February
A.D. 1888.
[corresponds to page 150 of Delaware County Will Records Vol. 8 1887-1890]
150
Benjamin McMaster's Will
Journal Entry.
February 17" 1888.
In the Matter of the Will } In the Probate Court of
of Benjamin McMaster, decd} Delaware County. Ohio
This day, an instrument of writing, purporting to be the
last Will and Testament of Benjamin McMaster, late
of Oxford Township, in this County, deceased, was
produced in open Court for Probate; On Considera=
=tion Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the
application to admit the same to probate and record,
be given to H. P. McMaster- Wm A. McMaster-
Elosia A. Barton - Benj. McMaster - Lyman P.
McMaster & Theodore McMaster and Mary E. Jones
heirs, legatees and next of kin of the Testator, resident
of the State of Ohio, that said application will be
for hearing before this Court on the 25th day of
February. A.D. 1888, at 830 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County .ss }
In the matter of the last Will
and Testament of Benjamin McMaster, deceased.
To H.P.
McMaster - Wm A. McMaster - Elosia A Barton
Benj. McMaster - Lyman P. McMaster & Theodore
McMaster & Mary E. Jones.
You are hereby notified
that on the 17" day of February. A.D. 1888 an in=
=strument of writing, purporting to be the last Will
and Testament of Benjamin McMaster late of Oxford
Township, in said County, deceased, was produced in
open Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 25th day of February. A.D. 1888, at 830 oclock
A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 17th day of February
A.D. 1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 217)
Description
[page 217]
[corresponds to page 151 of Delaware County Will Records Vol. 8 1887-1890]
151
Benjamin McMaster's Will
Return.
The State of Ohio }
Delaware County,ss } George W. Rosevelt being duly
sworn, says that on the 23d
day of February A.D. 1888, he served the within
notice by delivering a true copy thereof to the with=
=in named Benjamin McMaster - H.P. McMaster -
Wm. A. McMaster - George W. McMaster - Hiram B.
McMaster - Elosia Barton = Lyman McMaster -
Theodore McMaster and Mary E. Jones.
Geo. W. Rosevelt
Subscribed in my presence and sworn to before me,
this 25" day of Feb. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County. }
Personally appeared in open Court
O. Sharp and Chas. A. Olds, the subscribing witnesses
to the last Will and Testament of Benjamin McMaster
late of Oxford Township in said Delaware County, de=
=ceased; who being duly sworn according to law, to
speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the
28 day of April. A.D. 1887, purporting to be the last
Will and Testament of Benjamin McMaster now de=
=ceased, is the Will of said deceased, that they were
present at the execution of said Will, and at the
request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence;
that they saw the said Benjamin McMaster de=
=ceased sign and seal said Will, and heard him ac=
=knowledge the same to be his last Will and Testa=
ment, and that the said Benjamin McMaster at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint.
O. Sharp
Chas. A. Olds
Sworn to and subscribed by said witnesses, in open Court,
this 25" day of February. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 151 of Delaware County Will Records Vol. 8 1887-1890]
151
Benjamin McMaster's Will
Return.
The State of Ohio }
Delaware County,ss } George W. Rosevelt being duly
sworn, says that on the 23d
day of February A.D. 1888, he served the within
notice by delivering a true copy thereof to the with=
=in named Benjamin McMaster - H.P. McMaster -
Wm. A. McMaster - George W. McMaster - Hiram B.
McMaster - Elosia Barton = Lyman McMaster -
Theodore McMaster and Mary E. Jones.
Geo. W. Rosevelt
Subscribed in my presence and sworn to before me,
this 25" day of Feb. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County. }
Personally appeared in open Court
O. Sharp and Chas. A. Olds, the subscribing witnesses
to the last Will and Testament of Benjamin McMaster
late of Oxford Township in said Delaware County, de=
=ceased; who being duly sworn according to law, to
speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the
28 day of April. A.D. 1887, purporting to be the last
Will and Testament of Benjamin McMaster now de=
=ceased, is the Will of said deceased, that they were
present at the execution of said Will, and at the
request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence;
that they saw the said Benjamin McMaster de=
=ceased sign and seal said Will, and heard him ac=
=knowledge the same to be his last Will and Testa=
ment, and that the said Benjamin McMaster at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint.
O. Sharp
Chas. A. Olds
Sworn to and subscribed by said witnesses, in open Court,
this 25" day of February. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 218)
Description
[page 218]
[corresponds to page 152 of Delaware County Will Records Vol. 8 1887-1890]
152
Benjamin McMaster's Will
Journal Entry.
Feb. 25th 1888.
In the Matter of the Will |
of Benjamin McMaster, decd|
Be it remembered, that
heretofore, to-wit: on the 17" day of February. A.D. 1888,
an instrument of writing purporting to be the last
Will and Testament of Benjamin McMaster, late
of Oxford Township, in this County, deceased, was
produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court, has been given to H.P. Mc
Master - Wm A. McMaster - Elosia A. Barton - Benj
McMaster - Lyman P. McMaster & Theodore Mc
Master and Mary E. Jones - heirs, legatees and
next of kin of the Testator, resident of the State
of Ohio, pursuant to a former order of this Court;
therefore, on this day came O. Sharp and Chas. A.
Olds, the subscribing witnesses to said Will, who
being duly sworn, testified to the due execution and
attestation of said Will. Which testimony was re=
=duced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the
last Will and Testament of said Benjamin
McMaster, deceased. That the same was duly
executed and attested; and that the said Testator,
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimon=
=y of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this Court.
N. F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all, I, Ben:
=jamin McMaster, do make and publish this my last
Will and testament.
Item 1st It is my desire that all my just debts be paid.
Item 2d I give and bequeath to the children of my deceased
[corresponds to page 152 of Delaware County Will Records Vol. 8 1887-1890]
152
Benjamin McMaster's Will
Journal Entry.
Feb. 25th 1888.
In the Matter of the Will |
of Benjamin McMaster, decd|
Be it remembered, that
heretofore, to-wit: on the 17" day of February. A.D. 1888,
an instrument of writing purporting to be the last
Will and Testament of Benjamin McMaster, late
of Oxford Township, in this County, deceased, was
produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court, has been given to H.P. Mc
Master - Wm A. McMaster - Elosia A. Barton - Benj
McMaster - Lyman P. McMaster & Theodore Mc
Master and Mary E. Jones - heirs, legatees and
next of kin of the Testator, resident of the State
of Ohio, pursuant to a former order of this Court;
therefore, on this day came O. Sharp and Chas. A.
Olds, the subscribing witnesses to said Will, who
being duly sworn, testified to the due execution and
attestation of said Will. Which testimony was re=
=duced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the
last Will and Testament of said Benjamin
McMaster, deceased. That the same was duly
executed and attested; and that the said Testator,
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimon=
=y of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this Court.
N. F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all, I, Ben:
=jamin McMaster, do make and publish this my last
Will and testament.
Item 1st It is my desire that all my just debts be paid.
Item 2d I give and bequeath to the children of my deceased
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 219)
Description
[page 219]
[corresponds to page 153 of Delaware County Will Records Vol. 8 1887-1890]
153
Benjamin McMaster's Will
son Robert G. McMaster the sum of Ten Dollars to be
equally divided between them.
Item 3d I give and bequeath to my sons Horace P. McMaster
and William A. McMaster the sum of Ten Dollars to
each of them.
Item 4th I give and bequeath to my son George W. McMaster and
my daughter Elosia A. Barton wife of Isaac
Barton - and my son Hiram B. McMaster the resi=
=due of all of my estate - to be equally divided between
them share and share alike.
Item 5th I do hereby nominate and appoint George W. Rosevelt
Executor of this my last will and testament, hereby
authorizing and empowering him to compromise, ad=
=just, release and discharge in such manner as he
may deem proper the debts and claims due me.
I also authorize and empower him to sell at private
sale, or in such manner, upon such terms of credit,
or otherwise as he may deem proper to sell all my
real estate, consisting of about Ninety One Acres
of land in Oxford Township. Delaware County. Ohio. about
one and one half miles south of Ashley Ohio and to ex-
ecute acknowledge and deliver in fee simple, deeds to
purchasers, therefor. And the title of said real es=
=tate is hereby by me vested in my said executor
for that purpose: And I further empower my said
executor to collect all debts due me and to sell and
dispose of all my personal estate= and to pay the be=
=quests mentioned in this my last will and testa=
=ment, so soon after my decease as the same can
be properly done.
Item 6th I do hereby revoke all former wills by me made
In testimony hereof, I have hereunto set my
hand and seal this 28" day of April. in the year
One thousand Eight Hundred and Eighty Seven.
Benjamin McMaster {Seal}
Signed and acknowledged by said Benjamin McMaster
as his last will and testament, in our presence and
signed by us in his presence.
O. Sharp
Chas. A. Olds.
Will set aside in Com. Pleas Court. See Journal 12. Page 236.
[corresponds to page 153 of Delaware County Will Records Vol. 8 1887-1890]
153
Benjamin McMaster's Will
son Robert G. McMaster the sum of Ten Dollars to be
equally divided between them.
Item 3d I give and bequeath to my sons Horace P. McMaster
and William A. McMaster the sum of Ten Dollars to
each of them.
Item 4th I give and bequeath to my son George W. McMaster and
my daughter Elosia A. Barton wife of Isaac
Barton - and my son Hiram B. McMaster the resi=
=due of all of my estate - to be equally divided between
them share and share alike.
Item 5th I do hereby nominate and appoint George W. Rosevelt
Executor of this my last will and testament, hereby
authorizing and empowering him to compromise, ad=
=just, release and discharge in such manner as he
may deem proper the debts and claims due me.
I also authorize and empower him to sell at private
sale, or in such manner, upon such terms of credit,
or otherwise as he may deem proper to sell all my
real estate, consisting of about Ninety One Acres
of land in Oxford Township. Delaware County. Ohio. about
one and one half miles south of Ashley Ohio and to ex-
ecute acknowledge and deliver in fee simple, deeds to
purchasers, therefor. And the title of said real es=
=tate is hereby by me vested in my said executor
for that purpose: And I further empower my said
executor to collect all debts due me and to sell and
dispose of all my personal estate= and to pay the be=
=quests mentioned in this my last will and testa=
=ment, so soon after my decease as the same can
be properly done.
Item 6th I do hereby revoke all former wills by me made
In testimony hereof, I have hereunto set my
hand and seal this 28" day of April. in the year
One thousand Eight Hundred and Eighty Seven.
Benjamin McMaster {Seal}
Signed and acknowledged by said Benjamin McMaster
as his last will and testament, in our presence and
signed by us in his presence.
O. Sharp
Chas. A. Olds.
Will set aside in Com. Pleas Court. See Journal 12. Page 236.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 220)
Description
[page 220]
[corresponds to page 154 of Delaware County Will Records Vol. 8 1887-1890]
154
Milton Bartholomew's Will
Journal Entry.
February 15" 1888.
In the Matter of the Will of } In the Probate Court of
Milton Bartholomew's deceased } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Milton Bartholomew
late of Oxford Township, in this County, deceased, was
produced in open Court for Probate; On Considera=
=tion Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the
application to admit the same to probate and record, be
given to Sally Ann Wornstaff - Malvina Bishop -
Emily Shisler - Milton Bartholomew - Nancy Mark-
Sperry Bartholomew - Annis Smith - Sarah Myers
Baxter Bartholomew and Arthur Bartholomew, legatees,
heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for
hearing before this Court on the 25th day of Febru=
=ary A.D. 1888, at 1 o'clock P.M.
N.F. Overturf
Probate Judge
Notice to Heirs.
The State of Ohio } ss. In Probate Court.
Delaware County }
In the Matter of the last Will
and Testament of Milton Bartholomew, deceased.
To Sally Ann
Wornstaff - Malvina Bishop - Emily Shisler - Mil=
=ton Bartholomew Nancy Mark - Sperry Bartholomew -
Annis Smith Sarah Myers - Baster Bartholomew &
Arthur Bartholomew
You are hereby notified that on the 10" day
of February. A.D. 1888, an instrument of writing, pur=
=porting to be the last Will and Testament of Milton
Bartholomew late of Oxford Township, in said County,
deceased, was produced in open Court, and an application
to admit the same to probate was on the same day
made in said Court. Said application will be for
hearing before this Court on the 25th day of February.
A.D. 1888, at 1 o'clock. P.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 15th day of February
A.D. 1888.
[corresponds to page 154 of Delaware County Will Records Vol. 8 1887-1890]
154
Milton Bartholomew's Will
Journal Entry.
February 15" 1888.
In the Matter of the Will of } In the Probate Court of
Milton Bartholomew's deceased } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of Milton Bartholomew
late of Oxford Township, in this County, deceased, was
produced in open Court for Probate; On Considera=
=tion Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the
application to admit the same to probate and record, be
given to Sally Ann Wornstaff - Malvina Bishop -
Emily Shisler - Milton Bartholomew - Nancy Mark-
Sperry Bartholomew - Annis Smith - Sarah Myers
Baxter Bartholomew and Arthur Bartholomew, legatees,
heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for
hearing before this Court on the 25th day of Febru=
=ary A.D. 1888, at 1 o'clock P.M.
N.F. Overturf
Probate Judge
Notice to Heirs.
The State of Ohio } ss. In Probate Court.
Delaware County }
In the Matter of the last Will
and Testament of Milton Bartholomew, deceased.
To Sally Ann
Wornstaff - Malvina Bishop - Emily Shisler - Mil=
=ton Bartholomew Nancy Mark - Sperry Bartholomew -
Annis Smith Sarah Myers - Baster Bartholomew &
Arthur Bartholomew
You are hereby notified that on the 10" day
of February. A.D. 1888, an instrument of writing, pur=
=porting to be the last Will and Testament of Milton
Bartholomew late of Oxford Township, in said County,
deceased, was produced in open Court, and an application
to admit the same to probate was on the same day
made in said Court. Said application will be for
hearing before this Court on the 25th day of February.
A.D. 1888, at 1 o'clock. P.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 15th day of February
A.D. 1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 221)
Description
[page 221]
[corresponds to page 155 of Delaware County Will Records Vol. 8 1887-1890]
155
Milton Bartholomew's Will
Return.
The State of Ohio }
Delaware County. ss. } Reuben Batholomew, being
duly sworn, says that on the
16th 18th & 20th days of February A.D. 1888, he served
the within notice by delivering a true copy thereof to the
within named Sally Ann Wornstaff - Malvina
Bishop - Emily Shisler - Milton Bartholomew
Nancy Mark - Sperry Bartholomew - Annis Smith
Sarah Myers- Baxter Bartholomew & Arthur
Bartholomew.
Reuben Bartholomew
Subscribed in my presence and sworn to before me this
25th day of Feb. 1888.
N.F. Overturf
{seal} Probate Judge
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss.}
Personally appeared in open Court
Isaac Barton and J. T. Livingston the subscribing
witnesses to the last Will and Testament of Milton
Bartholomew late of Oxford Township in said Dela=
=ware County, deceased; who being duly sworn according
to law, to speak the truth, the whole truth, and nothing
but the truth in relation to the execution of said Will,
depose and say: That the paper before them bearing date
the 22d day of November A.D. 1877. purporting to be the
last Will and Testament of Milton Bartholomew now
deceased, is the will of said deceased Milton Barthol-
=omew; that they were present at the execution of said
Will, and at the request of the Testator, respectively
subscribed their names to the same as witnesses, in
his presence; that they saw the said Milton Bartholomew
deceased, sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testament,
and that the said Milton Bartholomew at the time of
making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint
Isaac Barton
J. T. Livingston
Sworn to and subscribed by said witnesses, in open Court,
this 25th day of February. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
[corresponds to page 155 of Delaware County Will Records Vol. 8 1887-1890]
155
Milton Bartholomew's Will
Return.
The State of Ohio }
Delaware County. ss. } Reuben Batholomew, being
duly sworn, says that on the
16th 18th & 20th days of February A.D. 1888, he served
the within notice by delivering a true copy thereof to the
within named Sally Ann Wornstaff - Malvina
Bishop - Emily Shisler - Milton Bartholomew
Nancy Mark - Sperry Bartholomew - Annis Smith
Sarah Myers- Baxter Bartholomew & Arthur
Bartholomew.
Reuben Bartholomew
Subscribed in my presence and sworn to before me this
25th day of Feb. 1888.
N.F. Overturf
{seal} Probate Judge
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss.}
Personally appeared in open Court
Isaac Barton and J. T. Livingston the subscribing
witnesses to the last Will and Testament of Milton
Bartholomew late of Oxford Township in said Dela=
=ware County, deceased; who being duly sworn according
to law, to speak the truth, the whole truth, and nothing
but the truth in relation to the execution of said Will,
depose and say: That the paper before them bearing date
the 22d day of November A.D. 1877. purporting to be the
last Will and Testament of Milton Bartholomew now
deceased, is the will of said deceased Milton Barthol-
=omew; that they were present at the execution of said
Will, and at the request of the Testator, respectively
subscribed their names to the same as witnesses, in
his presence; that they saw the said Milton Bartholomew
deceased, sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testament,
and that the said Milton Bartholomew at the time of
making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint
Isaac Barton
J. T. Livingston
Sworn to and subscribed by said witnesses, in open Court,
this 25th day of February. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 222)
Description
[page 222]
[corresponds to page 156 of Delaware County Will Records Vol. 8 1887-1890]
156
Milton Bartholomew's Estate
Journal Entry.
February 25" 1888.
In the Matter of the Will of |
Milton Bartholomew, deceased. |
Be it remembered, that hereto=
=fore, to-wit: on the 15th day of February. A.D. 1888, an in=
=strument of writing, purporting to be the last Will and
Testament of Milton Bartholomew, late of Oxford Town=
=ship, in this County, deceased, was produced in open
Court for probate, and was then filed. And it now be=
=ing shown to the satisfaction of the Court, that due no=
=tice of the filing of said Will, and of the application
to admit the same to probate and record in this Court,
has been given to Sally Ann Wornstaff. Malvina Bish=
=op - Emily Shisler - Milton Bartholomew - Nancy Mark-
Sperry Bartholomew - Annis Smith - Sarah Myers -
Baxter Bartholomew and Arthur Bartholomew, heirs,
legatees and next of kin of the Testator, resident of the State
of Ohio, pursuant to a former order of this Court;
therefore, on this day came Isaac Barton and J.T.
Livingston the subscribing witnesses to said Will, who
being duly sworn, testified to the due execution and attesta=
=tion of said Will. Which testimony was reduced to
writing, by them respectively subscribed and filed with
said Will. Whereupon the Court finds that the
aforesaid instrument of writing is the last Will and
Testament of said Milton Bartholomew, deceased.
That the same was duly executed and attested; and that
the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony
of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned heir of the within named dece=
=dent, hereby waive further notice, and consent to the
probate of said Will.
Reuben Bartolomew
Dated this 15th day of February. A.D.1888.
[corresponds to page 156 of Delaware County Will Records Vol. 8 1887-1890]
156
Milton Bartholomew's Estate
Journal Entry.
February 25" 1888.
In the Matter of the Will of |
Milton Bartholomew, deceased. |
Be it remembered, that hereto=
=fore, to-wit: on the 15th day of February. A.D. 1888, an in=
=strument of writing, purporting to be the last Will and
Testament of Milton Bartholomew, late of Oxford Town=
=ship, in this County, deceased, was produced in open
Court for probate, and was then filed. And it now be=
=ing shown to the satisfaction of the Court, that due no=
=tice of the filing of said Will, and of the application
to admit the same to probate and record in this Court,
has been given to Sally Ann Wornstaff. Malvina Bish=
=op - Emily Shisler - Milton Bartholomew - Nancy Mark-
Sperry Bartholomew - Annis Smith - Sarah Myers -
Baxter Bartholomew and Arthur Bartholomew, heirs,
legatees and next of kin of the Testator, resident of the State
of Ohio, pursuant to a former order of this Court;
therefore, on this day came Isaac Barton and J.T.
Livingston the subscribing witnesses to said Will, who
being duly sworn, testified to the due execution and attesta=
=tion of said Will. Which testimony was reduced to
writing, by them respectively subscribed and filed with
said Will. Whereupon the Court finds that the
aforesaid instrument of writing is the last Will and
Testament of said Milton Bartholomew, deceased.
That the same was duly executed and attested; and that
the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony
of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned heir of the within named dece=
=dent, hereby waive further notice, and consent to the
probate of said Will.
Reuben Bartolomew
Dated this 15th day of February. A.D.1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 223)
Description
[page 223]
[corresponds to page 157 of Delaware County Will Records
Vol. 8 1887-1890]
157
Milton Bartholomew's Will
Copy of Will.
In the name of the Benevolent father of All: I
Milton Bartholomew of Ashley Ohio, do make and
publish this my last Will and Testament.
Item 1st I Bequeath to the heirs of Chester and Sarah Bar=
=tholomew the sum of Twenty five Dollars each.
Item 2d I Bequeath to the heirs of Franklin and Louisa Bar=
=tholomew the sum of Ten Dollars each.
Item 3d I Bequeath to my Daughter Sally Ann Wornstaff
the sum of Two Hundred Dollars.
Item 4th I Bequeath to my Daughter Malvina Bishop the sum
of Two Hundred Dollars.
Item 5th I Bequeath to my Daughter Emily Shisler the
sum of Two Hundred Dollars.
Item 6th I devise and Bequeath to my son Reubin Bartholo=
=mew the House and two Lots Numbers 100 and 101 in
Ashley Ohio and all the Household Goods and furniture
belonging to my estate.
Item 7th I also Bequeath to my son Reubin Bartholomew
all of the personal property belonging to my estate after
my debts are paid if he should survive me.
Item 8th I do hereby nominate and appoint my son Reubin
Bar=
tholomew Executor of this my last will and Testament
hereby authorizing and empowering him to compromise
adjust, release and discharge in such manner as he
may deem proper the debts and claims due me
I desire that no ap=
=praisement and no sale of my personal property be made
and that the court of Probate direct the mission of the
same in pursuance of the Statute.
I do hereby revoke all
former Wills made by me.
In testimony hereof I have hereun=
=to set my hand and seal this 22nd day of November.
A.D 1877
Milton Bartholomew
Signed and acknowledged by said Milton Bartholomew
as his last Will & testament in our presence and signed
by us in his presence.
Isaac Barton
J. T Livingston
[corresponds to page 157 of Delaware County Will Records
Vol. 8 1887-1890]
157
Milton Bartholomew's Will
Copy of Will.
In the name of the Benevolent father of All: I
Milton Bartholomew of Ashley Ohio, do make and
publish this my last Will and Testament.
Item 1st I Bequeath to the heirs of Chester and Sarah Bar=
=tholomew the sum of Twenty five Dollars each.
Item 2d I Bequeath to the heirs of Franklin and Louisa Bar=
=tholomew the sum of Ten Dollars each.
Item 3d I Bequeath to my Daughter Sally Ann Wornstaff
the sum of Two Hundred Dollars.
Item 4th I Bequeath to my Daughter Malvina Bishop the sum
of Two Hundred Dollars.
Item 5th I Bequeath to my Daughter Emily Shisler the
sum of Two Hundred Dollars.
Item 6th I devise and Bequeath to my son Reubin Bartholo=
=mew the House and two Lots Numbers 100 and 101 in
Ashley Ohio and all the Household Goods and furniture
belonging to my estate.
Item 7th I also Bequeath to my son Reubin Bartholomew
all of the personal property belonging to my estate after
my debts are paid if he should survive me.
Item 8th I do hereby nominate and appoint my son Reubin
Bar=
tholomew Executor of this my last will and Testament
hereby authorizing and empowering him to compromise
adjust, release and discharge in such manner as he
may deem proper the debts and claims due me
I desire that no ap=
=praisement and no sale of my personal property be made
and that the court of Probate direct the mission of the
same in pursuance of the Statute.
I do hereby revoke all
former Wills made by me.
In testimony hereof I have hereun=
=to set my hand and seal this 22nd day of November.
A.D 1877
Milton Bartholomew
Signed and acknowledged by said Milton Bartholomew
as his last Will & testament in our presence and signed
by us in his presence.
Isaac Barton
J. T Livingston
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 224)
Description
[page 224]
[corresponds to page 158 of Delaware County Will Records
Vol. 8 1887-1890]
158
John Behren's Will.
Journal Entry.
February. 28' 1888.
In the Matter of the Will of | In the Probate Court
John Behrens, Deceased. | Delaware County. Ohio
This day, an instrument of writing, purporting to be
the last Will and Testament of John Behrens,
late of Thompson Township, in this County, de=
=ceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the
said Will be filed in this Court. And thereupon
came W.F Court and J.W. Statler the subscribing
witnesses to said Will (Henry Behrens the
only heir legatee and next of kin resident of the State of
Ohio having waived notice and consented to the probate
of said Will) who being duly sworn, testified to the
due execution and attestation of said Will. Which
testimony was reduced to writing, by them respective=
=ly subscribed and filed with said Will, whereupon
the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said
John Behren, deceased. That the same was du=
=ly executed and attested; and that the said Testa=
=tor, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testi=
mony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
Waiver
I, the undersigned Next of kin of the within
named decedent, hereby waive further notice, and
consent to the probate of said Will.
Dated this 28 day of February, A.D. 1888
Henry Behrens.
[corresponds to page 158 of Delaware County Will Records
Vol. 8 1887-1890]
158
John Behren's Will.
Journal Entry.
February. 28' 1888.
In the Matter of the Will of | In the Probate Court
John Behrens, Deceased. | Delaware County. Ohio
This day, an instrument of writing, purporting to be
the last Will and Testament of John Behrens,
late of Thompson Township, in this County, de=
=ceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the
said Will be filed in this Court. And thereupon
came W.F Court and J.W. Statler the subscribing
witnesses to said Will (Henry Behrens the
only heir legatee and next of kin resident of the State of
Ohio having waived notice and consented to the probate
of said Will) who being duly sworn, testified to the
due execution and attestation of said Will. Which
testimony was reduced to writing, by them respective=
=ly subscribed and filed with said Will, whereupon
the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said
John Behren, deceased. That the same was du=
=ly executed and attested; and that the said Testa=
=tor, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testi=
mony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
Waiver
I, the undersigned Next of kin of the within
named decedent, hereby waive further notice, and
consent to the probate of said Will.
Dated this 28 day of February, A.D. 1888
Henry Behrens.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 225)
Description
[page 225]
[corresponds to page 159 of Delaware County Will Records Vol.
8 1887-1890]
159
John Behren's Will
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County. Personally appeared in open
Court W.F. Court and J.W. Statler the subscrib=
=ing witnesses to the last Will and Testament of
John Behrens late of Thompson Township in said
Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the
whole truth and nothing but the truth, in relation
to the execution of said Will, depose and say:
That the paper before them bearing date the 7th
day of February. A.D. 1888, purporting to be the last
Will and Testament of John Behrens now deceased,
is the Will of said deceased; that they were
present at the execution of said Will, and at the
request of the Testator, respectively subscribed their
names to the same as witnesses, in Ohio presence; that
they saw the said John Behrens deceased, sign
and seal said Will, and heard him acknowledge,
the same to be his last Will and Testament, and
that the said John Behrens at the time of
making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under
any restraint.
W.F. Court
J.W. Statler
Sworn to and subscribed by said witnesses, in
open Court, this 28th day of February. A.D.1888.
N.F. Overturf
{Seal} Probate Judge
Copy of Will.
In the name of the Benevolent Father of all
I John
Behrens of Thompson Township Delaware County
Ohio do make and publish this my last will
and testament.
It is my wish and desire that all of my lawful
or honest debts be paid. first.
I give and devise to my Brother Henry Behrens
the Farm on which I now reside situated
in Thompson Township Delaware County Ohio
consisting of Ninety Five Acres more or less
[corresponds to page 159 of Delaware County Will Records Vol.
8 1887-1890]
159
John Behren's Will
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County. Personally appeared in open
Court W.F. Court and J.W. Statler the subscrib=
=ing witnesses to the last Will and Testament of
John Behrens late of Thompson Township in said
Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the
whole truth and nothing but the truth, in relation
to the execution of said Will, depose and say:
That the paper before them bearing date the 7th
day of February. A.D. 1888, purporting to be the last
Will and Testament of John Behrens now deceased,
is the Will of said deceased; that they were
present at the execution of said Will, and at the
request of the Testator, respectively subscribed their
names to the same as witnesses, in Ohio presence; that
they saw the said John Behrens deceased, sign
and seal said Will, and heard him acknowledge,
the same to be his last Will and Testament, and
that the said John Behrens at the time of
making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under
any restraint.
W.F. Court
J.W. Statler
Sworn to and subscribed by said witnesses, in
open Court, this 28th day of February. A.D.1888.
N.F. Overturf
{Seal} Probate Judge
Copy of Will.
In the name of the Benevolent Father of all
I John
Behrens of Thompson Township Delaware County
Ohio do make and publish this my last will
and testament.
It is my wish and desire that all of my lawful
or honest debts be paid. first.
I give and devise to my Brother Henry Behrens
the Farm on which I now reside situated
in Thompson Township Delaware County Ohio
consisting of Ninety Five Acres more or less
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 226)
Description
[page 226]
[corresponds to page 160 of Delaware County Will Records Vol.
8 1887-1890]
160
John Behren's Will.
Bounded on North by lands owned by Levi Knachel
and J.H. Howisin on west by J.H. Howison
on south by G.W. Drum on East by State Road
and all stock household goods furniture provisions
and other goods and chattels which may be there=
=on at the time of my deceased {he however selling
so much thereof as may be sufficient to pay my
just debts } to be his and his heirs forever.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my
hand and seal this 7th day of February in the
year 1888
Jehrens Behrens {Seal}
Signed and acknowledged by said John Behrens
as his last will and testament in our presence
and signed by us in his presence.
W.F. Court
J.W. Statler.
[corresponds to page 160 of Delaware County Will Records Vol.
8 1887-1890]
160
John Behren's Will.
Bounded on North by lands owned by Levi Knachel
and J.H. Howisin on west by J.H. Howison
on south by G.W. Drum on East by State Road
and all stock household goods furniture provisions
and other goods and chattels which may be there=
=on at the time of my deceased {he however selling
so much thereof as may be sufficient to pay my
just debts } to be his and his heirs forever.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my
hand and seal this 7th day of February in the
year 1888
Jehrens Behrens {Seal}
Signed and acknowledged by said John Behrens
as his last will and testament in our presence
and signed by us in his presence.
W.F. Court
J.W. Statler.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 227)
Description
[page 227]
[corresponds to page 161 of Delaware County Will Records Vol. 8 1887-1890]
161
John Kimble's Will
Journal Entry.
February. 21st 1888.
In the Matter of the Will } In the Probate Court of
of John Kimble, decd } Delaware County. Ohio.
This day, and instrument of writing, purporting to
be the last Will and Testament of John Kimble
late of Trenton Township, in this County, de=
ceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that
due notice thereof, and of the application to admit
the same to probate and record, be given to Rachel
Kimble widow and Lydia Kimble - Evelena
Mann and Retha Mann, heirs, legatees and next
of kin of the Testator, resident of the State of
Ohio, that said application will be for hearing
before this Court on the 1st day of March. A.D.
1888, at 11 o'clock. A.M.
N.F. Overturf
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will
and Testament of John Kimball, deceased.
To Rachel
Kimball - Lydia Kimball - Evelena Mann and
Retha Mann.
You are hereby notified that on the 21"
day of February. A.D. 1888, and instrument of writing
purporting to be the last Will and Testament of John
Kimball, late of Trenton Township, in said County.
deceased, was produced in open Court, and an appli=
=cation to admit the same to probate was on the
same day made in said Court. Said application
will be for hearing before this Court on the 1st
day of March. A.D. 1888. at 11 o'clock. A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 21" day of February.
A.D. 1888.
[corresponds to page 161 of Delaware County Will Records Vol. 8 1887-1890]
161
John Kimble's Will
Journal Entry.
February. 21st 1888.
In the Matter of the Will } In the Probate Court of
of John Kimble, decd } Delaware County. Ohio.
This day, and instrument of writing, purporting to
be the last Will and Testament of John Kimble
late of Trenton Township, in this County, de=
ceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that
due notice thereof, and of the application to admit
the same to probate and record, be given to Rachel
Kimble widow and Lydia Kimble - Evelena
Mann and Retha Mann, heirs, legatees and next
of kin of the Testator, resident of the State of
Ohio, that said application will be for hearing
before this Court on the 1st day of March. A.D.
1888, at 11 o'clock. A.M.
N.F. Overturf
Probate Judge
Notice to Heirs.
The State of Ohio } ss In Probate Court.
Delaware County }
In the matter of the last Will
and Testament of John Kimball, deceased.
To Rachel
Kimball - Lydia Kimball - Evelena Mann and
Retha Mann.
You are hereby notified that on the 21"
day of February. A.D. 1888, and instrument of writing
purporting to be the last Will and Testament of John
Kimball, late of Trenton Township, in said County.
deceased, was produced in open Court, and an appli=
=cation to admit the same to probate was on the
same day made in said Court. Said application
will be for hearing before this Court on the 1st
day of March. A.D. 1888. at 11 o'clock. A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 21" day of February.
A.D. 1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 228)
Description
[page 228]
[corresponds to page 162 of Delaware County Will Records Vol.
8 1887-1890]
162
John Kimble's Will
Return.
The State of Ohio } ss
Delaware County. } George W. Perfect being duly
sworn, says that on the
22 & 23 day of February. A.D. 1888, he served the
within notice by delivering a true copy thereof to
the within named Rachel Kimble - Lydia Kim=
=ble - Evelena Mann and Retha Mann
G.W. Perfect.
Subscribed in my presence and sworn to before me
this 1st day of March. 1888.
N.F.Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County
Personally appeared in open
Court J.A. Ports & Catherine Overturf the
subscribing witnesses to the last Will and Testa=
=ment of John Kimble, late of Trenton Town=
=whip in said Delaware County, deceased; who
being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth,
in relation to the execution of said Will, depose
and say: That the paper before bearing date
the 19 day of January. A.D. 1888, purporting to
be the last Will and Testament of John Kim=
=ble now deceased, is the Will of said deceased John
Kimble, that they were present at the execution
of said Will, and at the request of the Testator,
respectively subscribed their names to the same
as witnesses, in his presence; that they saw the
said John Kimble deceased sign and seal said
Will, and heard his acknowledge the same to be
his last Will and Testament, and that the said
John Kimble at the time of making, signing and
sealing said Will was of full age, of sound mind
and memory, and not under any restraint.
J.A. Ports
Cathern Overturf.
Sworn to and subscribed by said witnesses, in open
Court, this 1" day of March. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 162 of Delaware County Will Records Vol.
8 1887-1890]
162
John Kimble's Will
Return.
The State of Ohio } ss
Delaware County. } George W. Perfect being duly
sworn, says that on the
22 & 23 day of February. A.D. 1888, he served the
within notice by delivering a true copy thereof to
the within named Rachel Kimble - Lydia Kim=
=ble - Evelena Mann and Retha Mann
G.W. Perfect.
Subscribed in my presence and sworn to before me
this 1st day of March. 1888.
N.F.Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } ss In Probate Court.
Delaware County
Personally appeared in open
Court J.A. Ports & Catherine Overturf the
subscribing witnesses to the last Will and Testa=
=ment of John Kimble, late of Trenton Town=
=whip in said Delaware County, deceased; who
being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth,
in relation to the execution of said Will, depose
and say: That the paper before bearing date
the 19 day of January. A.D. 1888, purporting to
be the last Will and Testament of John Kim=
=ble now deceased, is the Will of said deceased John
Kimble, that they were present at the execution
of said Will, and at the request of the Testator,
respectively subscribed their names to the same
as witnesses, in his presence; that they saw the
said John Kimble deceased sign and seal said
Will, and heard his acknowledge the same to be
his last Will and Testament, and that the said
John Kimble at the time of making, signing and
sealing said Will was of full age, of sound mind
and memory, and not under any restraint.
J.A. Ports
Cathern Overturf.
Sworn to and subscribed by said witnesses, in open
Court, this 1" day of March. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 229)
Description
[page 229]
[corresponds to page 163 of Delaware County Will Records Vol.
8 1887-1890]
163
John Kimble's Will
Journal Entry .
March 1st 1888.
In the Matter of the Will }
of John Kimble, deceased.} Be it remembered, that
heretofore, to-wit: on the
21st day of February. A.D. 1888, an instrument of
writing, purporting to be the last Will and Testa=
=ment of John Kimble, late of Trenton Town=
=ship in this County, deceased. was produced
in open Court for Probate, and was then filed.
And it now being shown to the satisfaction of
the Court, that due notice of the filing of said
Will, and of the application to admit the same
to probate and record in this Court, has been
given to Rachel Kimble, widow, Lydia Kimble-
Evelena Mann and Bertha Mann, heirs, leg=
=atees and next of kin of the Testator, resident of
the State of Ohio, pursuant to a former order of
this Court; therefore on this day came J.A.
Ports and Catherine Overturf, the subscribing
witnesses to said Will, who being duly sworn
testified to the due execution and attestation of
said Will. Which testimony was reduced to
writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last
Will and Testament of said John Kimble, deceased.
That the same was duly executed and attested; and
that the said Testator, at the time of making
signing and sealing said Will, was of full
age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court ordered,
that the said Will be admitted to probate, and
that the same, together with the testimony of the
witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the benevolent Father of all,
I John Kimble of Delaware County, State
of Ohio, do make and publish this my last will
and testament.
Item 1st I will that all my just debts be paid.
[corresponds to page 163 of Delaware County Will Records Vol.
8 1887-1890]
163
John Kimble's Will
Journal Entry .
March 1st 1888.
In the Matter of the Will }
of John Kimble, deceased.} Be it remembered, that
heretofore, to-wit: on the
21st day of February. A.D. 1888, an instrument of
writing, purporting to be the last Will and Testa=
=ment of John Kimble, late of Trenton Town=
=ship in this County, deceased. was produced
in open Court for Probate, and was then filed.
And it now being shown to the satisfaction of
the Court, that due notice of the filing of said
Will, and of the application to admit the same
to probate and record in this Court, has been
given to Rachel Kimble, widow, Lydia Kimble-
Evelena Mann and Bertha Mann, heirs, leg=
=atees and next of kin of the Testator, resident of
the State of Ohio, pursuant to a former order of
this Court; therefore on this day came J.A.
Ports and Catherine Overturf, the subscribing
witnesses to said Will, who being duly sworn
testified to the due execution and attestation of
said Will. Which testimony was reduced to
writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last
Will and Testament of said John Kimble, deceased.
That the same was duly executed and attested; and
that the said Testator, at the time of making
signing and sealing said Will, was of full
age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court ordered,
that the said Will be admitted to probate, and
that the same, together with the testimony of the
witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the benevolent Father of all,
I John Kimble of Delaware County, State
of Ohio, do make and publish this my last will
and testament.
Item 1st I will that all my just debts be paid.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 230)
Description
[page 230]
[corresponds to page 164 of Delaware County Will Records Vol.
8 1887-1890]
164
John Kimble's Estate.
Item 2 I give and devise to my beloved wife Rachel
Kimble all the Personal property of which I
may die possessed to have and use and dispose of
as seemeth to her best.
Item 3 I also give and devise to my said beloved wife
Rachel Kimble one half of all the real property
of which I may die possessed said real property
to be sold by the Executor and he is hereby re=
=quired to deliver to my said wife Rachel Kim=
ble one half of the proceeds of said sale, which
said Half shall be hers absolutely to use and
dispose of as seemeth to her best.
Item 4 I devise and give to Evelena Mann and Retha Mann
Daughters of Nancy E. Mann, deceased, the same
Evelena and Retha Man being my Grand-daughters)
each one eighth (1/8) of the proceeds of the sale of
said Real Estate.
Item 5 I devise and give to Lydia Kimbl my daughter
one fourth (1/4) of the proceeds of said sale of my
said real estate,
Said division of Estate to be
made after all my debts are paid.
I do hereby nominate and
appoint George W. Perfect Executor of this my
last will and testament hereby authorizing and em=
=powering him to compromise, adjust release and dis=
=charge in such manner as he may deem proper
the debts and claims due me.
I do also authorize and empower him if it shall be=
=come necessary in order to pay my debts to sell
by private sale or in such manner upon such terms
of credit or otherwise as he may think proper all
or any part of my real Estate and deeds to purchasers
to Execute, acknowledge and deliver in fee simple.
In testimony hereof. I have hereunto set my hand
and seal this nineteenth (19) day of January. in the
year. 1888. his
Witness to Mark | J.A. Ports John X Kimble. {Seal}
| C. Overturf
[corresponds to page 164 of Delaware County Will Records Vol.
8 1887-1890]
164
John Kimble's Estate.
Item 2 I give and devise to my beloved wife Rachel
Kimble all the Personal property of which I
may die possessed to have and use and dispose of
as seemeth to her best.
Item 3 I also give and devise to my said beloved wife
Rachel Kimble one half of all the real property
of which I may die possessed said real property
to be sold by the Executor and he is hereby re=
=quired to deliver to my said wife Rachel Kim=
ble one half of the proceeds of said sale, which
said Half shall be hers absolutely to use and
dispose of as seemeth to her best.
Item 4 I devise and give to Evelena Mann and Retha Mann
Daughters of Nancy E. Mann, deceased, the same
Evelena and Retha Man being my Grand-daughters)
each one eighth (1/8) of the proceeds of the sale of
said Real Estate.
Item 5 I devise and give to Lydia Kimbl my daughter
one fourth (1/4) of the proceeds of said sale of my
said real estate,
Said division of Estate to be
made after all my debts are paid.
I do hereby nominate and
appoint George W. Perfect Executor of this my
last will and testament hereby authorizing and em=
=powering him to compromise, adjust release and dis=
=charge in such manner as he may deem proper
the debts and claims due me.
I do also authorize and empower him if it shall be=
=come necessary in order to pay my debts to sell
by private sale or in such manner upon such terms
of credit or otherwise as he may think proper all
or any part of my real Estate and deeds to purchasers
to Execute, acknowledge and deliver in fee simple.
In testimony hereof. I have hereunto set my hand
and seal this nineteenth (19) day of January. in the
year. 1888. his
Witness to Mark | J.A. Ports John X Kimble. {Seal}
| C. Overturf
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 231)
Description
[page 231]
[corresponds to page 165 of Delaware County Will Records Vol.
8 1887-1890]
165
Lewis R. Jones' Will.
Journal Entry.
March 9th 1888.
In the Matter of the Will of } In the Probate Court
Lewis R. Jones, deceased. } Delaware County. Ohio.
This day, an instrument of writing, purporting to
be the last Will and Testament of Lewis R. Jones,
late of Concord Township, in this County, deceased,
was produced in open Court for Probate; On con=
=sideration whereof, it is ordered that the said Will
be filed in this Court. ~~ And thereupon came
Mary A. Seigfried - Lewis P. Jones - Amy A.
Fulton and Price J. Fulton, heirs, legatees and
next of kin of the Testator, resident of the State of
Ohio, and waived further notice and consented to
the probate of said Will. ~~ Thereupon came
J.E. Hughs and Jeremiah Seigfried, the subscrib=
=ing witnesses to said Will, who being duly sworn
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with
said Will, whereupon the Court finds that the
aforesaid instrument of writing is the last Will and
Testament of said Lewis R. Jones, deceased.
That the same was duly executed and attested,
and that the said Testator, at the time of making,
signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said
Will be admitted to probate and that the same
together with the testimony of the witnesses above named
as well as the proceedings had thereon be entered of
record in this Court.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned heirs & legatees of the within
named decedent, hereby waive further notice, and
consent to the probate of said Will.
Dated this 9" day of March. A.D. 1888.
Mary A. Seigfried
Lewis P. Jones
Amy A. Fulton
Price J. Fulton by Mary A. Seigfried
with whom he resides
[corresponds to page 165 of Delaware County Will Records Vol.
8 1887-1890]
165
Lewis R. Jones' Will.
Journal Entry.
March 9th 1888.
In the Matter of the Will of } In the Probate Court
Lewis R. Jones, deceased. } Delaware County. Ohio.
This day, an instrument of writing, purporting to
be the last Will and Testament of Lewis R. Jones,
late of Concord Township, in this County, deceased,
was produced in open Court for Probate; On con=
=sideration whereof, it is ordered that the said Will
be filed in this Court. ~~ And thereupon came
Mary A. Seigfried - Lewis P. Jones - Amy A.
Fulton and Price J. Fulton, heirs, legatees and
next of kin of the Testator, resident of the State of
Ohio, and waived further notice and consented to
the probate of said Will. ~~ Thereupon came
J.E. Hughs and Jeremiah Seigfried, the subscrib=
=ing witnesses to said Will, who being duly sworn
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with
said Will, whereupon the Court finds that the
aforesaid instrument of writing is the last Will and
Testament of said Lewis R. Jones, deceased.
That the same was duly executed and attested,
and that the said Testator, at the time of making,
signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said
Will be admitted to probate and that the same
together with the testimony of the witnesses above named
as well as the proceedings had thereon be entered of
record in this Court.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned heirs & legatees of the within
named decedent, hereby waive further notice, and
consent to the probate of said Will.
Dated this 9" day of March. A.D. 1888.
Mary A. Seigfried
Lewis P. Jones
Amy A. Fulton
Price J. Fulton by Mary A. Seigfried
with whom he resides
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 232)
Description
[page 232]
[corresponds to page 166 of Delaware County Will Records Vol.
8 1887-1890]
166
Lewis R. Jones' Estate,
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County.
Personally appeared in open
Court J.E. Hughs and Jeremiah Seigfried the
subscribing witnesses to the last Will and Testament
of Lewis R. Jones, late of Concord Township, in
said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the
paper before them bearing date the 19" day of August
A.D. 1884, purporting to be the last Will and Testa=
=ment of Lewis R. Jones now, deceased, is the Will
of said deceased, that they were present at the
execution of said Will and at the request of the
Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw
the said Lewis R. Jones deceased, sign and seal said
Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said
Lewis R. Jones, at the time of making, signing and
sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
J.E. Hughs
Jeremiah Seigfried
Sworn to and subscribed by said witnesses, in
open Court, this 9" day of March. A.D.1888.
N.F. Overturf
{Seal} Probate Judge.
Copy of Will.
In the name of God Amen. I Lewis R. Jones
of the County of Delaware and State of Ohio
being of sound and disposing mind and mem=
=ory, and considering the uncertainty of this mor=
=tal, life, and the certainty of death, but the un=
=certainty of the time thereof, and being desirous of
disposing of my worldly effects while I remain,
do make and publish this my last will and testa=
=ment as follows, to-wit:
1st It is my will that all my just and honest
debts and funeral expenses be paid and that I
be buried by the side of my wife Anna H.
[corresponds to page 166 of Delaware County Will Records Vol.
8 1887-1890]
166
Lewis R. Jones' Estate,
Probate of Will.
The State of Ohio } ss In Probate Court
Delaware County.
Personally appeared in open
Court J.E. Hughs and Jeremiah Seigfried the
subscribing witnesses to the last Will and Testament
of Lewis R. Jones, late of Concord Township, in
said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the
paper before them bearing date the 19" day of August
A.D. 1884, purporting to be the last Will and Testa=
=ment of Lewis R. Jones now, deceased, is the Will
of said deceased, that they were present at the
execution of said Will and at the request of the
Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw
the said Lewis R. Jones deceased, sign and seal said
Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said
Lewis R. Jones, at the time of making, signing and
sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
J.E. Hughs
Jeremiah Seigfried
Sworn to and subscribed by said witnesses, in
open Court, this 9" day of March. A.D.1888.
N.F. Overturf
{Seal} Probate Judge.
Copy of Will.
In the name of God Amen. I Lewis R. Jones
of the County of Delaware and State of Ohio
being of sound and disposing mind and mem=
=ory, and considering the uncertainty of this mor=
=tal, life, and the certainty of death, but the un=
=certainty of the time thereof, and being desirous of
disposing of my worldly effects while I remain,
do make and publish this my last will and testa=
=ment as follows, to-wit:
1st It is my will that all my just and honest
debts and funeral expenses be paid and that I
be buried by the side of my wife Anna H.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 233)
Description
[page 233]
[corresponds to page 167 of Delaware County Will Records Vol.
8 1887-1890]
167
Lewis R. Jones' Will.
Jones, in Moultrie County, Illinois, and that
a gravestone be placed at my grave, similar
to the one placed at the grave of my aforesaid
wife.
2d I do give and bequeath to my sister Mary A
Sigfried all my interest in my bees, and it
is further my will that my said sister with
(whom I reside) be well and amply paid for
any care and trouble I may be to her while
I live., and further It is my will that all
my property monies and effects which may
remain be equally divided between my lawful
heirs Joseph M. Jones, Sarah A. Fulton,
William G. Jones - Lewis P. Jones - Eliza L.
Smith - Amy Fleming, and Mary J. Green,
The aforementioned Joseph M. Jones being dead,
it is my will and desire that Judson Jones,
and Mandy Jones, children of the aforesaid Jos-
=eph M. Jones, receive his share of the property,
to be equally divided between them. The afore=
=mentioned Sarah Fulton also being dead, it
is my will, and desire, that William Fulton,
Jesse Fulton, Amy Fulton and Price J. Ful=
=ton, children of the aforesaid Sarah Fulton
receive her share of said property, to be equally
divided between them,
I do hereby nominate and
appoint my son Lewis P. Jones, executor of this
my last will and testament, to execute, and carry
into effect the same, hereby authorizing, and em=
=powering him to do the same, and I do hereby
revoke all former wills by me made.
In testimony
whereof I have hereunto set my hand and seal,
this the 19th day of August. A.D. 1884.
Lewis R. Jones. {Seal}
Signed and acknowledged by said Lewis R. Jones
to be his last will and testament in our pres=
=ence and signed by us in his presence.
Witnesses
J.E. Hughs
Jeremiah Seigfried
[corresponds to page 167 of Delaware County Will Records Vol.
8 1887-1890]
167
Lewis R. Jones' Will.
Jones, in Moultrie County, Illinois, and that
a gravestone be placed at my grave, similar
to the one placed at the grave of my aforesaid
wife.
2d I do give and bequeath to my sister Mary A
Sigfried all my interest in my bees, and it
is further my will that my said sister with
(whom I reside) be well and amply paid for
any care and trouble I may be to her while
I live., and further It is my will that all
my property monies and effects which may
remain be equally divided between my lawful
heirs Joseph M. Jones, Sarah A. Fulton,
William G. Jones - Lewis P. Jones - Eliza L.
Smith - Amy Fleming, and Mary J. Green,
The aforementioned Joseph M. Jones being dead,
it is my will and desire that Judson Jones,
and Mandy Jones, children of the aforesaid Jos-
=eph M. Jones, receive his share of the property,
to be equally divided between them. The afore=
=mentioned Sarah Fulton also being dead, it
is my will, and desire, that William Fulton,
Jesse Fulton, Amy Fulton and Price J. Ful=
=ton, children of the aforesaid Sarah Fulton
receive her share of said property, to be equally
divided between them,
I do hereby nominate and
appoint my son Lewis P. Jones, executor of this
my last will and testament, to execute, and carry
into effect the same, hereby authorizing, and em=
=powering him to do the same, and I do hereby
revoke all former wills by me made.
In testimony
whereof I have hereunto set my hand and seal,
this the 19th day of August. A.D. 1884.
Lewis R. Jones. {Seal}
Signed and acknowledged by said Lewis R. Jones
to be his last will and testament in our pres=
=ence and signed by us in his presence.
Witnesses
J.E. Hughs
Jeremiah Seigfried
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 234)
Description
[page 234]
[corresponds to page 168 of Delaware County Will Records Vol.
8 1887-1890]
168
George Moore's Will
Journal Entry.
March 9" 1888.
In the Matter of the Will of } In the Probate Court of
George Moore, deceased. } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of George Moore,
late of Brown Township, in this County, deceased,
was produced in open Court for Probate; On Consid:
=eration Whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof,
and of the application to admit the same to probate
and record, be given to Morice E. McMaster - Nellie
McMaster - George Perry - Gerturde Bell and Cla=
=ence Bell, heirs, legatees and next of kin of the
Testator resident of the State of Ohio, that said
application will be for hearing before this Court
on the 13" day of March. A.D. 1888. at 10 o'clock
A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio . } ss In Probate Court.
Delaware County }
In the matter of the last Will
and Testament of George Moore, deceased.
To Morice [Morris] E.
McMaster . Nellie McMaster - George Perry - Ger=
=trude Bell and Clarence Bell.
You are hereby
notified that on the 9th day of March. A.D. 1888., an
instrument of writing, purporting to be the last Will
and Testament of George Moore, late of Brown Town=
=ship, in said County, deceased, was produced in open
Court, and an explanation to admit the same to
probate was on the same day made in said
Court. Said application will be for hearing before
this Court on the 13" day of March. A.D 1888.
at 10 o'clock : A M.
N.F. Overturf
Probate Judge.
Dated at Delaware Ohio, this 9th day of March.
A.D. 1888.
{Seal}
[corresponds to page 168 of Delaware County Will Records Vol.
8 1887-1890]
168
George Moore's Will
Journal Entry.
March 9" 1888.
In the Matter of the Will of } In the Probate Court of
George Moore, deceased. } Delaware County. Ohio.
This day, an instrument of writing, purporting to be
the last Will and Testament of George Moore,
late of Brown Township, in this County, deceased,
was produced in open Court for Probate; On Consid:
=eration Whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof,
and of the application to admit the same to probate
and record, be given to Morice E. McMaster - Nellie
McMaster - George Perry - Gerturde Bell and Cla=
=ence Bell, heirs, legatees and next of kin of the
Testator resident of the State of Ohio, that said
application will be for hearing before this Court
on the 13" day of March. A.D. 1888. at 10 o'clock
A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio . } ss In Probate Court.
Delaware County }
In the matter of the last Will
and Testament of George Moore, deceased.
To Morice [Morris] E.
McMaster . Nellie McMaster - George Perry - Ger=
=trude Bell and Clarence Bell.
You are hereby
notified that on the 9th day of March. A.D. 1888., an
instrument of writing, purporting to be the last Will
and Testament of George Moore, late of Brown Town=
=ship, in said County, deceased, was produced in open
Court, and an explanation to admit the same to
probate was on the same day made in said
Court. Said application will be for hearing before
this Court on the 13" day of March. A.D 1888.
at 10 o'clock : A M.
N.F. Overturf
Probate Judge.
Dated at Delaware Ohio, this 9th day of March.
A.D. 1888.
{Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 235)
Description
[page 235]
[corresponds to page 169 of Delaware County Will Records Vol.
8 1887-1890]
169
George Moore's Will
Return.
The State of Ohio }
Delaware County.ss } Martha A. Moore being
duly sworn, says that on
the 9" & 10" days of March. A.D. 1888, she served
the within notice by delivering a true copy thereof
to the within named Marice E. McMaster - Nellie
McMaster - George Perry. Gertrudge Bell and Cla=
=rence Bell.
Martha A. Moore.
Subscribed in my presence and sworn to before me
this 13" day of March 1888.
N.F. Overturf
{Seal} Probate Judge
Waiver
I, the undersigned widow of the within named de=
=cedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 13" day of March. A.D.1888.
Martha A. Moore.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County }
Personally appeared in open
Court W. Perfect & Dr. F.A. Stickney the subscrib=
=ing witnesses to the last Will and Testament of George
Moore late of Brown Township in said Delaware
County, deceased; who being duly sworn according
to law; to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will
depose and say: That the paper before them bearing
date the 7" day of May. A.D. 1887. purporting to be the
last Will and Testament of George Moore now de=
=ceased, is the Will of said deceased George Moore.
that they were present at the execution of said Will,
and at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in
his presence; that they saw the said George Moore
deceased, sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testa=
=ment, and that the said George Moore, at the time
of making, signing and sealing said Will, was of
[corresponds to page 169 of Delaware County Will Records Vol.
8 1887-1890]
169
George Moore's Will
Return.
The State of Ohio }
Delaware County.ss } Martha A. Moore being
duly sworn, says that on
the 9" & 10" days of March. A.D. 1888, she served
the within notice by delivering a true copy thereof
to the within named Marice E. McMaster - Nellie
McMaster - George Perry. Gertrudge Bell and Cla=
=rence Bell.
Martha A. Moore.
Subscribed in my presence and sworn to before me
this 13" day of March 1888.
N.F. Overturf
{Seal} Probate Judge
Waiver
I, the undersigned widow of the within named de=
=cedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 13" day of March. A.D.1888.
Martha A. Moore.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County }
Personally appeared in open
Court W. Perfect & Dr. F.A. Stickney the subscrib=
=ing witnesses to the last Will and Testament of George
Moore late of Brown Township in said Delaware
County, deceased; who being duly sworn according
to law; to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will
depose and say: That the paper before them bearing
date the 7" day of May. A.D. 1887. purporting to be the
last Will and Testament of George Moore now de=
=ceased, is the Will of said deceased George Moore.
that they were present at the execution of said Will,
and at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in
his presence; that they saw the said George Moore
deceased, sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testa=
=ment, and that the said George Moore, at the time
of making, signing and sealing said Will, was of
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 236)
Description
[page 236]
[corresponds to page 170 of Delaware County Will Records Vol.
8 1887-1890]
170
George Moore's Will
full age, of sound mind and memory, and not un=
=der any restraint.
W. Perfect
Dr. F.A. Stickney.
Sworn to and subscribed by said witnesses, in open
Court, this 13" day of March. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
March 13" 1888.
In the Matter of the Will of }
George Moore, deceased. }
Be it remembered, that
heretofore, to-wit: on the 9" day of March, A.D. 1888,
an instrument of writing purporting to be the last
Will and Testament of George Moore, late of Brown
Township, in this County, deceased, was produced
in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court has been given to Morice E.
McMaster - Nellie McMaster - George Perry - Gertrude
Belle and Clarence Bell, heirs, legatees and next of
kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court; therefore,
on this day came W Perfect and Dr. F. A Stickney
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and at=
=testation of said Will. Which testimony was re=
=duced to writing by them respectively subscribed and
filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the
last Will and Testament of said George Moore,
deceased. That the same was duly executed and
attested; and that the said Testator, at the time
of making, signing and sealing said Will, was of
full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to pro=
=bate, and that the same, together with the testimony
of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge
[corresponds to page 170 of Delaware County Will Records Vol.
8 1887-1890]
170
George Moore's Will
full age, of sound mind and memory, and not un=
=der any restraint.
W. Perfect
Dr. F.A. Stickney.
Sworn to and subscribed by said witnesses, in open
Court, this 13" day of March. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
March 13" 1888.
In the Matter of the Will of }
George Moore, deceased. }
Be it remembered, that
heretofore, to-wit: on the 9" day of March, A.D. 1888,
an instrument of writing purporting to be the last
Will and Testament of George Moore, late of Brown
Township, in this County, deceased, was produced
in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court has been given to Morice E.
McMaster - Nellie McMaster - George Perry - Gertrude
Belle and Clarence Bell, heirs, legatees and next of
kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court; therefore,
on this day came W Perfect and Dr. F. A Stickney
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and at=
=testation of said Will. Which testimony was re=
=duced to writing by them respectively subscribed and
filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the
last Will and Testament of said George Moore,
deceased. That the same was duly executed and
attested; and that the said Testator, at the time
of making, signing and sealing said Will, was of
full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to pro=
=bate, and that the same, together with the testimony
of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 237)
Description
[page 237]
[corresponds to page 171 of Delaware County Will Records Vol.
8 1887-1890]
171
George Moore's Will
Copy of Will
In the name of the Benevolent Father of
all!
Item first. I give and devise to my beloved wife, M.A. Moore
all of my real and personal property, as long as
she remains my widow, excepting a sufficient
amount of said property which may be necessary
to pay my just debts.
Item second: At the re-marriage of my wife, or at her
death, I give and devise to my grand-children,
then living, all the remainder of my Real and
Personal property, to be divided equally among
them.
Item Third: I do hereby nominate and appoint M.A. Moore
my beloved wife executrix of this my last will
and testament, without bonds.
In testimony whereof
I have hereunto set my hand and seal this 7"
day of May. A.D. 1887.
[Seal] George Moore.
Signed and acknowledged by said George Moore, as
his last will and testament, in our presence, and
signed by us in his presence.
W. Perfect. [Seal]
Dr. F.A. Stickney. [Seal]
[corresponds to page 171 of Delaware County Will Records Vol.
8 1887-1890]
171
George Moore's Will
Copy of Will
In the name of the Benevolent Father of
all!
Item first. I give and devise to my beloved wife, M.A. Moore
all of my real and personal property, as long as
she remains my widow, excepting a sufficient
amount of said property which may be necessary
to pay my just debts.
Item second: At the re-marriage of my wife, or at her
death, I give and devise to my grand-children,
then living, all the remainder of my Real and
Personal property, to be divided equally among
them.
Item Third: I do hereby nominate and appoint M.A. Moore
my beloved wife executrix of this my last will
and testament, without bonds.
In testimony whereof
I have hereunto set my hand and seal this 7"
day of May. A.D. 1887.
[Seal] George Moore.
Signed and acknowledged by said George Moore, as
his last will and testament, in our presence, and
signed by us in his presence.
W. Perfect. [Seal]
Dr. F.A. Stickney. [Seal]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 238)
Big Walnut High School Yearbook. 1981: Eagle (p. 95)
Description
[page 238]
[corresponds to page 172 of Delaware County Will Records Vol.
8 1887-1890]
172
S. W. Newhouse's Will
Journal Entry.
March. 8" 1888.
In the Matter of the Will } In the Probate Court of
of S.W. Newhouse, deceased } Delaware County. Ohio.
This day, an instrument of writing, purporting to
be the last Will and Testament of S.W. New=
=house, late of Scioto Township, in this County,
deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the
said Will be filed in this Court, and that due
notice thereof, and of the application to admit the
same to probate and record, be given to William E.
Newhouse; Mary Bishop. - Martha L. Newhouse -
Frank Newhouse - [Byron Stultz - crossed out] - John New=
house and Walter Newhouse, heirs, legatees and
next of kin of the Testator, resident of the State of
Ohio, that said application will be for hearing be=
=fore this Court, on the 13" day of March. A.D.
1888, at 2 o'clock P.M.
N.F. Overturf
Probate Judge
Waiver.
We, the undersigned Legatees of the within named
decedent, hereby waive further notice, and consent
to the probate of said Will.
Dated this 8" day of March. A.D. 1888.
B. F. Stults.
The State of Ohio } In Probate Court.
Delaware County, ss }
In the matter of the last Will
and Testament of S.W. Newhouse, deceased.
To William E.
Newhouse - Mary Bishop - Martha L. Newhouse - Frank
Newhouse - Byron Stultz - John Newhouse and
Walter Newhouse.
You are hereby notified that on the 8"
day of March. A.D. 1888. an instrument of writing
purporting to be the last Will and Testament of
S.W. Newhouse, late of Scioto Township, in said
County, deceased, was produced in open Court. and
an application to admit the same to probate was on
[corresponds to page 172 of Delaware County Will Records Vol.
8 1887-1890]
172
S. W. Newhouse's Will
Journal Entry.
March. 8" 1888.
In the Matter of the Will } In the Probate Court of
of S.W. Newhouse, deceased } Delaware County. Ohio.
This day, an instrument of writing, purporting to
be the last Will and Testament of S.W. New=
=house, late of Scioto Township, in this County,
deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the
said Will be filed in this Court, and that due
notice thereof, and of the application to admit the
same to probate and record, be given to William E.
Newhouse; Mary Bishop. - Martha L. Newhouse -
Frank Newhouse - [Byron Stultz - crossed out] - John New=
house and Walter Newhouse, heirs, legatees and
next of kin of the Testator, resident of the State of
Ohio, that said application will be for hearing be=
=fore this Court, on the 13" day of March. A.D.
1888, at 2 o'clock P.M.
N.F. Overturf
Probate Judge
Waiver.
We, the undersigned Legatees of the within named
decedent, hereby waive further notice, and consent
to the probate of said Will.
Dated this 8" day of March. A.D. 1888.
B. F. Stults.
The State of Ohio } In Probate Court.
Delaware County, ss }
In the matter of the last Will
and Testament of S.W. Newhouse, deceased.
To William E.
Newhouse - Mary Bishop - Martha L. Newhouse - Frank
Newhouse - Byron Stultz - John Newhouse and
Walter Newhouse.
You are hereby notified that on the 8"
day of March. A.D. 1888. an instrument of writing
purporting to be the last Will and Testament of
S.W. Newhouse, late of Scioto Township, in said
County, deceased, was produced in open Court. and
an application to admit the same to probate was on
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 239)
Big Walnut High School Yearbook. 1981: Eagle (p. 96)
Description
[page 239]
[corresponds to page 173 of Delaware County Will Records Vol.
8 1887-1890]
173
S. W. Newhouse' Will
the same day made in said Court. Said appli-
=cation will be for hearing before this Court on the
13" day of March.. A.D. 1888, at 2 o'clock. P.M.
N. F. Overturf
Probate Judge
Dated at Delaware Ohio, this 8" day of March.
A.D. 1888.
Return.
The State of Ohio }
Delaware County. ss } Hannah O. Newhouse being
duly sworn, says that on
the 10" day of March. A.D. 1888, she served the with=
=in notice by delivering a true copy thereof to the
within named William E. Newhouse - Mary Bishop-
Martha L. Newhouse - Frank Newhouse - John
L. Newhouse and Walter Newhouse.
Hannah O. Newhouse.
Subscribed in my presence and sworn to before me
this 13" day of March. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County, ss. }
Personally appeared in open
Court Henry Highbargin and Emily Highbargin
the subscribing witnesses to the last Will and Testa=
=ment of S.W. Newhouse, late of Scioto Township in
said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the ex=
=ecution of said Will, depose and say: That the paper
before them bearing date the 9" day of March. A.D.
1887. purporting to be the last Will and Testament
of S.W. Newhouse now deceased, is the Will of said
deceased S.W. Newhouse, that they were present at
the execution of said Will, and at the request of the
Testator, respectively subscribed their names to the
same as witnesses in his presence; that they saw the
said S.W. Newhouse deceased sign and seal said
Will, and heard him acknowledge the same to be his
last Will and Testament, and that the said S.W. New-
=house at the time of making, signing and sealing
said Will, was of full age, of sound mind and mem-
=ory, and not under any restraint
[corresponds to page 173 of Delaware County Will Records Vol.
8 1887-1890]
173
S. W. Newhouse' Will
the same day made in said Court. Said appli-
=cation will be for hearing before this Court on the
13" day of March.. A.D. 1888, at 2 o'clock. P.M.
N. F. Overturf
Probate Judge
Dated at Delaware Ohio, this 8" day of March.
A.D. 1888.
Return.
The State of Ohio }
Delaware County. ss } Hannah O. Newhouse being
duly sworn, says that on
the 10" day of March. A.D. 1888, she served the with=
=in notice by delivering a true copy thereof to the
within named William E. Newhouse - Mary Bishop-
Martha L. Newhouse - Frank Newhouse - John
L. Newhouse and Walter Newhouse.
Hannah O. Newhouse.
Subscribed in my presence and sworn to before me
this 13" day of March. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County, ss. }
Personally appeared in open
Court Henry Highbargin and Emily Highbargin
the subscribing witnesses to the last Will and Testa=
=ment of S.W. Newhouse, late of Scioto Township in
said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the ex=
=ecution of said Will, depose and say: That the paper
before them bearing date the 9" day of March. A.D.
1887. purporting to be the last Will and Testament
of S.W. Newhouse now deceased, is the Will of said
deceased S.W. Newhouse, that they were present at
the execution of said Will, and at the request of the
Testator, respectively subscribed their names to the
same as witnesses in his presence; that they saw the
said S.W. Newhouse deceased sign and seal said
Will, and heard him acknowledge the same to be his
last Will and Testament, and that the said S.W. New-
=house at the time of making, signing and sealing
said Will, was of full age, of sound mind and mem-
=ory, and not under any restraint
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 240)
Big Walnut High School Yearbook. 1981: Eagle (p. 97)
Description
[page 240]
[corresponds to page 174 of Delaware County Will Records Vol.
8 1887-1890]
174
S.W. Newhouse Will
Henry Highbargin
Emily Highbargin
Sworn to and subscribed by said Witnesses, in open
Court, this 13" day of March. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
March. 13" 1888.
In the Matter of the Will of }
S.W. Newhouse, deceased. } Be it remembered, that
heretofore, to-wit: on the
8" day of March. A.D. 1888, an instrument of writing,
purporting to be the last Will and Testament of
S.W. Newhouse, late of Scioto Township, in this
County, deceased, was produced in open Court for
probate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the
same to probate and record in this Court, has been
given to William E. Newhouse - Mary Bishop -
Martha L Newhouse - Frank Newhouse - John
L. Newhouse and Walter Newhouse, heirs, legatees
and next of kin of the Testator, resident of the State
of Ohio, pursuant to a former order of this Court,
therefore, on this day came Henry Highbargin and
Emily Highbargin the subscribing witnesses to
said Will, who being duly sworn, testified to the
due execution and attestation of said Will. Which
testimony was reduced to writing, by them respect=
ively subscribed, and filed with said Will, where=
upon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said
S.W. Newhouse, deceased. That the same was duly
executed and attested; and that the said Testator,
at the time of making, signing and sealing said Will
was of full age, of sound mind and memory, and not
under any restraint. It is therefore, by the Court
ordered, that the said Will be admitted to probate
and that the same, together with the testimony of
the witnesses above named, as well as the proceed=
=ings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
[corresponds to page 174 of Delaware County Will Records Vol.
8 1887-1890]
174
S.W. Newhouse Will
Henry Highbargin
Emily Highbargin
Sworn to and subscribed by said Witnesses, in open
Court, this 13" day of March. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
March. 13" 1888.
In the Matter of the Will of }
S.W. Newhouse, deceased. } Be it remembered, that
heretofore, to-wit: on the
8" day of March. A.D. 1888, an instrument of writing,
purporting to be the last Will and Testament of
S.W. Newhouse, late of Scioto Township, in this
County, deceased, was produced in open Court for
probate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the
same to probate and record in this Court, has been
given to William E. Newhouse - Mary Bishop -
Martha L Newhouse - Frank Newhouse - John
L. Newhouse and Walter Newhouse, heirs, legatees
and next of kin of the Testator, resident of the State
of Ohio, pursuant to a former order of this Court,
therefore, on this day came Henry Highbargin and
Emily Highbargin the subscribing witnesses to
said Will, who being duly sworn, testified to the
due execution and attestation of said Will. Which
testimony was reduced to writing, by them respect=
ively subscribed, and filed with said Will, where=
upon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said
S.W. Newhouse, deceased. That the same was duly
executed and attested; and that the said Testator,
at the time of making, signing and sealing said Will
was of full age, of sound mind and memory, and not
under any restraint. It is therefore, by the Court
ordered, that the said Will be admitted to probate
and that the same, together with the testimony of
the witnesses above named, as well as the proceed=
=ings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 241)
Big Walnut High School Yearbook. 1981: Eagle (p. 98)
Description
[page 241]
[corresponds to page 175 of Delaware County Will Records Vol.
8 1887-1890]
175
S.W. Newhouse' Will.
Last Will and Testament.
In the Name of the Benevolent Father of All,
Amen: I, S W Newhouse, of the Township of
Scioto, County of Delaware, and State of Ohio, being about
Fifty-five years of age, and being of sound and dis-
=posing mind and memory, Do Make, Publish and De=
=clare this my Last Will and Testament, hereby re=
=voking and making null and void all other last
Wills and Testaments by me made heretofore:
First: My Will is that all my just debts and funeral expen=
=ses shall be paid out of my Estate, as soon after
my decease as shall be found convenient.
Second: I Give, Davis and Bequeath to my wife, Hannah O.
Newhouse, all my real and personal property I may be pos=
=sessed of at my death, after just debts and necessary ex=
=penses are paid, to have and to hold for her necessary sup=
=port so long as she shall remain my widow: provided she
shall not let the real estate unnecessarially deteriorate,
nor grant exclusive financial aid to any one of the heirs
hereinafter named.
Third: I give, devise and bequeath to William E. Newhouse, Mary
Bishop. Martha L. Newhouse - Frank Newhouse - Byron F.
Stultz, John L. Newhouse and Walter Newhouse equal shares
of what shall remain of my real and personal property at the
death of my said wife Hannah O. Newhouse, after all nec
essary expenses are paid.
Fourth: I desire my real estate if possible, shall remain undivid
till after the death of my wife Hannah O, as a greater
financial advantage to the above named heirs.
I hereby revoke all
former wills by me made.
In Testimony Whereof, I have set my
hand to this, my Last Will and Testament at Richwood,
this Ninth day of March, in the year of our Lord, One
Thousand Eight Hundred and Eighty Seven.
S.W. Newhouse {Seal}
The foregoing Instrument was signed by the said S.W.
Newhouse in our presence and by him published and declared
as and for his Last Will and Testament, and at his request, and in
his presence, and in the presence of each other, we hereunto
subscribe our Names as Attesting Witnesses at Rich-
=wood this Ninth day of March A.D. 1887.
Henry Highbargin, resides at Richwood, O.
Emily Highbargin, resides at Richwood. O.
[corresponds to page 175 of Delaware County Will Records Vol.
8 1887-1890]
175
S.W. Newhouse' Will.
Last Will and Testament.
In the Name of the Benevolent Father of All,
Amen: I, S W Newhouse, of the Township of
Scioto, County of Delaware, and State of Ohio, being about
Fifty-five years of age, and being of sound and dis-
=posing mind and memory, Do Make, Publish and De=
=clare this my Last Will and Testament, hereby re=
=voking and making null and void all other last
Wills and Testaments by me made heretofore:
First: My Will is that all my just debts and funeral expen=
=ses shall be paid out of my Estate, as soon after
my decease as shall be found convenient.
Second: I Give, Davis and Bequeath to my wife, Hannah O.
Newhouse, all my real and personal property I may be pos=
=sessed of at my death, after just debts and necessary ex=
=penses are paid, to have and to hold for her necessary sup=
=port so long as she shall remain my widow: provided she
shall not let the real estate unnecessarially deteriorate,
nor grant exclusive financial aid to any one of the heirs
hereinafter named.
Third: I give, devise and bequeath to William E. Newhouse, Mary
Bishop. Martha L. Newhouse - Frank Newhouse - Byron F.
Stultz, John L. Newhouse and Walter Newhouse equal shares
of what shall remain of my real and personal property at the
death of my said wife Hannah O. Newhouse, after all nec
essary expenses are paid.
Fourth: I desire my real estate if possible, shall remain undivid
till after the death of my wife Hannah O, as a greater
financial advantage to the above named heirs.
I hereby revoke all
former wills by me made.
In Testimony Whereof, I have set my
hand to this, my Last Will and Testament at Richwood,
this Ninth day of March, in the year of our Lord, One
Thousand Eight Hundred and Eighty Seven.
S.W. Newhouse {Seal}
The foregoing Instrument was signed by the said S.W.
Newhouse in our presence and by him published and declared
as and for his Last Will and Testament, and at his request, and in
his presence, and in the presence of each other, we hereunto
subscribe our Names as Attesting Witnesses at Rich-
=wood this Ninth day of March A.D. 1887.
Henry Highbargin, resides at Richwood, O.
Emily Highbargin, resides at Richwood. O.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 242)
Description
[page 242]
[corresponds to page 242 of Delaware County Will Records Vol.
8 1887-1890]
[corresponds to page 242 of Delaware County Will Records Vol.
8 1887-1890]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 243)
Big Walnut High School Yearbook. 1981: Eagle (p. 100)
Description
[page 243]
[corresponds to page 177 of Delaware County Will Records Vol.
8 1887-1890]
177
John D. William's Will
Said application will be for hearing before this Court
on the 19" day of April A.D. 1888, at 10 o'clock .A.
M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 29" day of March.
A.D.1888.
Return.
The State of Ohio }
Delaware County, ss. } H.M. Moore being duly sworn,
says that on the 1" day of April.
A.D. 1888 he served the within notice by delivering a
true copy thereof to the within named Mary E
Smales - Lucy A. Moore - William O. Williams
Edward C. Williams . Daisy M. Williams.
H.M. Moore
Subscribed in my presence and sworn to before me this
19" day of April. 1888.
N.F. Overturf
{Seal} Probate Judge
Commission
To Take Testimony of Witness to Will.
The State of Ohio } ss.
Delaware County. }
To Charles G. Saffin, 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 Gilbert H. Stewart and David R. Wil=
=liams, subscribing witnesses to the last Will and Tes=
=tament of John D. Williams hereto 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 Gilbert H. Stewart
and David R. WIlliams 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,
of the said John D. Williams and that you reduce such
examination
to writing, and return the same. together with this Commission
and the Will of the said John Williams thereto annexed, closed
up under your seal, into our said Probate Court, with
all convenient speed.
In testimony Whereof, I, N.F. Overturf. Judge
of the said Court, have hereunto set my hand and affixed
the Seal of said Court, this 6th day of April.A.D.1888.
{Seal} N.F. Overturf
Probate Judge.
[corresponds to page 177 of Delaware County Will Records Vol.
8 1887-1890]
177
John D. William's Will
Said application will be for hearing before this Court
on the 19" day of April A.D. 1888, at 10 o'clock .A.
M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 29" day of March.
A.D.1888.
Return.
The State of Ohio }
Delaware County, ss. } H.M. Moore being duly sworn,
says that on the 1" day of April.
A.D. 1888 he served the within notice by delivering a
true copy thereof to the within named Mary E
Smales - Lucy A. Moore - William O. Williams
Edward C. Williams . Daisy M. Williams.
H.M. Moore
Subscribed in my presence and sworn to before me this
19" day of April. 1888.
N.F. Overturf
{Seal} Probate Judge
Commission
To Take Testimony of Witness to Will.
The State of Ohio } ss.
Delaware County. }
To Charles G. Saffin, 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 Gilbert H. Stewart and David R. Wil=
=liams, subscribing witnesses to the last Will and Tes=
=tament of John D. Williams hereto 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 Gilbert H. Stewart
and David R. WIlliams 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,
of the said John D. Williams and that you reduce such
examination
to writing, and return the same. together with this Commission
and the Will of the said John Williams thereto annexed, closed
up under your seal, into our said Probate Court, with
all convenient speed.
In testimony Whereof, I, N.F. Overturf. Judge
of the said Court, have hereunto set my hand and affixed
the Seal of said Court, this 6th day of April.A.D.1888.
{Seal} N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 244)
Big Walnut High School Yearbook. 1981: Eagle (p. 101)
Description
[page 244]
[corresponds to page 178 of Delaware County Will Records Vol.
8 1887-1890]
178
John D. Williams' Will
Copy of Will.
In the Name of the Benevolent Father of All I
John D. Williams of Radnor Township. Delaware
County, State of Ohio, of full age and of a sound
and disposing mind and memory do make and publish
this my last Will and Testament.
Item I.
It is my will that all my just debts and funeral
expenses be paid out of my estate as soon after
my death as it is conventient for my Executrix to
do so.
Item II.
All the rest residue and remainder of my proper=
=ty real personal and mixed and wherever situated
I give devise and bequeath to my beloved wife Mar=
=garet Williams to have use and enjoy for and dur=
=ing the period of her natural life.
Item III.
It is my will that at the death of my said wife
Margaret all of my said property real personal and
mixed then remaining and wherever situated shall be
divided equally among my children.
Item IV
I do hereby nominate and appoint my beloved wife
Margaret Williams, Executrix of this my last
Will and Testament with full power to collect com=
=promise and pay off all debts and claims due from
or to me.
Item V.
It is my will that no appraisement or inventory
of my personal or real property shall be made and
I hereby direct the Probate Judge to dispense with
the same as provided by statute.
Item VI
It is my will that my said Executrix shall not
give bond as such Executrix and that she shall
not be required to make any return or report to the
Probate Court of any of her acts as such Executrix
Item VII
I hereby revoke all former wills and codicils by
me made.
In testimony whereof I have hereunto set
[corresponds to page 178 of Delaware County Will Records Vol.
8 1887-1890]
178
John D. Williams' Will
Copy of Will.
In the Name of the Benevolent Father of All I
John D. Williams of Radnor Township. Delaware
County, State of Ohio, of full age and of a sound
and disposing mind and memory do make and publish
this my last Will and Testament.
Item I.
It is my will that all my just debts and funeral
expenses be paid out of my estate as soon after
my death as it is conventient for my Executrix to
do so.
Item II.
All the rest residue and remainder of my proper=
=ty real personal and mixed and wherever situated
I give devise and bequeath to my beloved wife Mar=
=garet Williams to have use and enjoy for and dur=
=ing the period of her natural life.
Item III.
It is my will that at the death of my said wife
Margaret all of my said property real personal and
mixed then remaining and wherever situated shall be
divided equally among my children.
Item IV
I do hereby nominate and appoint my beloved wife
Margaret Williams, Executrix of this my last
Will and Testament with full power to collect com=
=promise and pay off all debts and claims due from
or to me.
Item V.
It is my will that no appraisement or inventory
of my personal or real property shall be made and
I hereby direct the Probate Judge to dispense with
the same as provided by statute.
Item VI
It is my will that my said Executrix shall not
give bond as such Executrix and that she shall
not be required to make any return or report to the
Probate Court of any of her acts as such Executrix
Item VII
I hereby revoke all former wills and codicils by
me made.
In testimony whereof I have hereunto set
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 245)
Description
[page 245]
[corresponds to page 179 of Delaware County Will Records Vol.
8 1887-1890]
179
John D. William's Will
my hand and seal this 27th day of March. A.D. 1876.
John D. Williams {Seal}
Signed sealed and published by the said John D.
Williams as his last Will and Testament in our
presence and signed by us as witnesses at his request
and in his presence this 27th day of March. A.D.
1876.
Gilbert H. Stewart.
David R. Williams
John J. Davis.
Deposition of Witness to Will
The State of Ohio } In the Matter of the last Will and
Franklin County, ss. } Testament of John D. Williams.
Personally appeared before me Charles G. Saffin,
Commissioner - Gilbert H Stewart and David R.
Williams, subscribing witnesses to the last Will and Tes=
=tament of John D. Williams, late of Radnor Township.
in said Delaware County, deceased, who being by me
first duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation
to the execution of said Will, deposes and says: That
they Present at the execution of the paper before
them bearing date the 27 day of March. A.D. 1876
purporting to be the last Will and Testament of John D.
Williams now deceased, whose name is signed at the
end thereof, and at the request of said deceased, subscribed
their names to the same as witness, in his presence;
that they saw the said John D. Williams sign and
seal said Will and heard him acknowledge the same
to be his last Will and Testament and that the said
John D. Williams at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint.
Gilbert H. Stewart
David R. Williams
The State of Ohio }
Franklin County, Ss. } I, Charles G Saffin, duly
appointed and commissioned by
the Judge of the Probate Court of the County of Dela=
=ware and the State of Ohio, to take the testimony of
Gilbert H. Stewart and David R. Williams
subscribing witnesses to the last Will and Testament of
[corresponds to page 179 of Delaware County Will Records Vol.
8 1887-1890]
179
John D. William's Will
my hand and seal this 27th day of March. A.D. 1876.
John D. Williams {Seal}
Signed sealed and published by the said John D.
Williams as his last Will and Testament in our
presence and signed by us as witnesses at his request
and in his presence this 27th day of March. A.D.
1876.
Gilbert H. Stewart.
David R. Williams
John J. Davis.
Deposition of Witness to Will
The State of Ohio } In the Matter of the last Will and
Franklin County, ss. } Testament of John D. Williams.
Personally appeared before me Charles G. Saffin,
Commissioner - Gilbert H Stewart and David R.
Williams, subscribing witnesses to the last Will and Tes=
=tament of John D. Williams, late of Radnor Township.
in said Delaware County, deceased, who being by me
first duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation
to the execution of said Will, deposes and says: That
they Present at the execution of the paper before
them bearing date the 27 day of March. A.D. 1876
purporting to be the last Will and Testament of John D.
Williams now deceased, whose name is signed at the
end thereof, and at the request of said deceased, subscribed
their names to the same as witness, in his presence;
that they saw the said John D. Williams sign and
seal said Will and heard him acknowledge the same
to be his last Will and Testament and that the said
John D. Williams at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint.
Gilbert H. Stewart
David R. Williams
The State of Ohio }
Franklin County, Ss. } I, Charles G Saffin, duly
appointed and commissioned by
the Judge of the Probate Court of the County of Dela=
=ware and the State of Ohio, to take the testimony of
Gilbert H. Stewart and David R. Williams
subscribing witnesses to the last Will and Testament of
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 246)
Description
[page 246]
[corresponds to page 180 of Delaware County Will Records Vol.
8 1887-1890]
180
John D. William's Will
John D Williams, deceased, late a resident of said
County and State, which Commission, and the
said Will are hereto annexed, do hereby certify that
in pursuance of said Commission I caused, the above
named Gilbert H. Stewart and David R. Williams
subscribing witnesses as aforesaid to appear before me,
at my office on the 13th day of April. 1888, that they
were first duly sworn by me, according to law, to speak
the truth, the whole truth, and nothing but the truth;
that I examined them in relation to the execution of
said Will, and reduced their testimony to writing as
above set forth in their presence and that they signed
the same in my presence, and I further certify that
I am not Counsel, Attorney, or Relative of any of
the parties named in said Will, or otherwise interested
in the Probate thereof.
In witness whereof, I have hereunto set
my hand, this 13" day of April. A.D. 1888.
Charles G. Saffin
Commissioner.
Journal Entry.
April. 19" 1888.
In the Matter of the Will |
of John D. Williams, deceased. | Be it Remembered, that
heretofore, to-wit: on the
29th
day of March. A D. 1888 , an instrument of writing
purporting to be the last Will and Testament of John
D. Williams, late of Radnor Township, in this
County, deceased, was produced in open Court for pro=
=bate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the
same to probate and record in this Court, has been giv=
=en to Mary E. Smales - Lucy A. Moore - William
O. Williams - Edward C Williams and Daisy M.
Williams, heirs, legatees and next of kin of the Testator
resident of the State of Ohio, pursuant to a former
order of this Court; ~ And it having been made to
appear to the Court that Gilbert H. Stewart and
David R. Williams, the subscribing witnesses to
said Will, were residents of Franklin County. Ohio,
and were without the jurisdiction of this Court, and
it was therefore on the 6th day of April. A.D. 1888,
ordered that a Commission, with the Will annexed,
issue to Charles G. Saffin. Probate Judge of
Franklin County. Ohio, directing him to take the
[corresponds to page 180 of Delaware County Will Records Vol.
8 1887-1890]
180
John D. William's Will
John D Williams, deceased, late a resident of said
County and State, which Commission, and the
said Will are hereto annexed, do hereby certify that
in pursuance of said Commission I caused, the above
named Gilbert H. Stewart and David R. Williams
subscribing witnesses as aforesaid to appear before me,
at my office on the 13th day of April. 1888, that they
were first duly sworn by me, according to law, to speak
the truth, the whole truth, and nothing but the truth;
that I examined them in relation to the execution of
said Will, and reduced their testimony to writing as
above set forth in their presence and that they signed
the same in my presence, and I further certify that
I am not Counsel, Attorney, or Relative of any of
the parties named in said Will, or otherwise interested
in the Probate thereof.
In witness whereof, I have hereunto set
my hand, this 13" day of April. A.D. 1888.
Charles G. Saffin
Commissioner.
Journal Entry.
April. 19" 1888.
In the Matter of the Will |
of John D. Williams, deceased. | Be it Remembered, that
heretofore, to-wit: on the
29th
day of March. A D. 1888 , an instrument of writing
purporting to be the last Will and Testament of John
D. Williams, late of Radnor Township, in this
County, deceased, was produced in open Court for pro=
=bate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the
same to probate and record in this Court, has been giv=
=en to Mary E. Smales - Lucy A. Moore - William
O. Williams - Edward C Williams and Daisy M.
Williams, heirs, legatees and next of kin of the Testator
resident of the State of Ohio, pursuant to a former
order of this Court; ~ And it having been made to
appear to the Court that Gilbert H. Stewart and
David R. Williams, the subscribing witnesses to
said Will, were residents of Franklin County. Ohio,
and were without the jurisdiction of this Court, and
it was therefore on the 6th day of April. A.D. 1888,
ordered that a Commission, with the Will annexed,
issue to Charles G. Saffin. Probate Judge of
Franklin County. Ohio, directing him to take the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 247)
Description
[page 247]
[corresponds to page 181 of Delaware County Will Records Vol.
8 1887-1890]
181
depositions of said subscribing witnesses, and return
the same, duly certified, with all convenient speed to
this Court, which was accordingly done, and on
the 15" day of April. A.D.1888, the same was
returned duly executed and filed herein.
And it now appearing to the Court from the
depositions of the said Gilbert H. Stewart and Dav=
=id R. Williams, that the aforesaid instrument of
writing is the last Will and Testament of said John
D. Williams, deceased. That the same was duly
executed and attested; and that the said Testator,
at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimon=
=y of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
[corresponds to page 181 of Delaware County Will Records Vol.
8 1887-1890]
181
depositions of said subscribing witnesses, and return
the same, duly certified, with all convenient speed to
this Court, which was accordingly done, and on
the 15" day of April. A.D.1888, the same was
returned duly executed and filed herein.
And it now appearing to the Court from the
depositions of the said Gilbert H. Stewart and Dav=
=id R. Williams, that the aforesaid instrument of
writing is the last Will and Testament of said John
D. Williams, deceased. That the same was duly
executed and attested; and that the said Testator,
at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimon=
=y of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 248)
Description
[corresponds to page 182 of Delaware County Will Records
Vol. 8 1887-1890]
182
Thomas Evans Jr. Will
Journal Entry.
April 19" 1888.
In the Matter of the Will of |
Thomas Evans Jr. deceased. | This day, an instrument
of writing, purporting to be
the last Will and Testament of Thomas Evans, Jr.
late of Delaware City, in this County, deceased was
produced in open Court for Probate; On considera=
=tion Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the
application to admit the same to probate and record,
be given to Isabella Evans, widow, Wesley Z. Evans -
A.N. Evans - Jessie L. Evans - Mary B. Evans -
Phoebe M. Evans and Teresa B. Evans heirs and
next of kin of the Testator resident of the State of
Ohio, that said application will be for hearing be=
=fore this Court on the 26th day of April. A.D.
1888, at 9 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County. ss. }
In the matter of the last Will
and Testament of Thomas Evans, Jr. deceased.
To Isabella
Evans - W. Z. Evans - A. N. Evans - Jessie L.
Evans, Mary B. Evans - Phoebe M. Evans and
Theressa B. Evans.
You are hereby notified that on the
19" day of April. A.D. 1888, an instrument of writing,
purporting to be the last Will and Testament of Thomas
Evans, Jr. late of Delaware Township, in said
County, deceased, was produced in open Court, and an
application to admit the same to probate was on the
same day made in said Court. Said application
will be for hearing before this Court on the 26th
day of April. A.D. 1888, at 9 o'clock A.M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 19" day of April.
A.D 1888
Vol. 8 1887-1890]
182
Thomas Evans Jr. Will
Journal Entry.
April 19" 1888.
In the Matter of the Will of |
Thomas Evans Jr. deceased. | This day, an instrument
of writing, purporting to be
the last Will and Testament of Thomas Evans, Jr.
late of Delaware City, in this County, deceased was
produced in open Court for Probate; On considera=
=tion Whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the
application to admit the same to probate and record,
be given to Isabella Evans, widow, Wesley Z. Evans -
A.N. Evans - Jessie L. Evans - Mary B. Evans -
Phoebe M. Evans and Teresa B. Evans heirs and
next of kin of the Testator resident of the State of
Ohio, that said application will be for hearing be=
=fore this Court on the 26th day of April. A.D.
1888, at 9 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County. ss. }
In the matter of the last Will
and Testament of Thomas Evans, Jr. deceased.
To Isabella
Evans - W. Z. Evans - A. N. Evans - Jessie L.
Evans, Mary B. Evans - Phoebe M. Evans and
Theressa B. Evans.
You are hereby notified that on the
19" day of April. A.D. 1888, an instrument of writing,
purporting to be the last Will and Testament of Thomas
Evans, Jr. late of Delaware Township, in said
County, deceased, was produced in open Court, and an
application to admit the same to probate was on the
same day made in said Court. Said application
will be for hearing before this Court on the 26th
day of April. A.D. 1888, at 9 o'clock A.M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 19" day of April.
A.D 1888
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 249)
Description
[page 249]
[corresponds to page 183 of Delaware County Will Records
Vol. 8 1887-1890]
183
Thomas Evans Jr. Will
We the undersigned persons within named hereby
acknowledge service of the within notice this 26th
day of April. A.D. 1888.
A.N. Evans
W.Z. Evans
Jessie L. Evans
Phoebe M. Evans
Mary B. Evans
Julia J. Evans, mother of
Teresa B. Evans.
I, the undersigned, widow of the within named
decedent, hereby waive further notice, and consent
to the probate of said Will.
Isabelle Evans.
Dated this 26" day of April. A.D. 1888.
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss}
Personally appeared in open
Court, Aaron Evans and Henry J. Eaton, the sub=
=scribing witnesses to the last Will and Testament
of Thomas Evans Jr. late of Delaware Township
in said Delaware County, deceased, who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the
paper before them bearing date the 6th day of April
A.D 1888. purporting to be the last Will and
Testament of Thomas Evans, Jr, that
they were present at the execution of said Will
and at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in
his presence; that they saw the said Thomas Ev=
=ans Jr. deceased sign and seal said Will, and heard
him acknowledge the same to be his last Will and
Testament, and that the said Thomas Evans, Jr.
at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory,
and not under any restraint.
Aaron Evans
Henry J. Eaton.
Sworn to and subscribed by said witnesses, in open Court,
this 26th day of April A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 183 of Delaware County Will Records
Vol. 8 1887-1890]
183
Thomas Evans Jr. Will
We the undersigned persons within named hereby
acknowledge service of the within notice this 26th
day of April. A.D. 1888.
A.N. Evans
W.Z. Evans
Jessie L. Evans
Phoebe M. Evans
Mary B. Evans
Julia J. Evans, mother of
Teresa B. Evans.
I, the undersigned, widow of the within named
decedent, hereby waive further notice, and consent
to the probate of said Will.
Isabelle Evans.
Dated this 26" day of April. A.D. 1888.
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss}
Personally appeared in open
Court, Aaron Evans and Henry J. Eaton, the sub=
=scribing witnesses to the last Will and Testament
of Thomas Evans Jr. late of Delaware Township
in said Delaware County, deceased, who being duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the
paper before them bearing date the 6th day of April
A.D 1888. purporting to be the last Will and
Testament of Thomas Evans, Jr, that
they were present at the execution of said Will
and at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in
his presence; that they saw the said Thomas Ev=
=ans Jr. deceased sign and seal said Will, and heard
him acknowledge the same to be his last Will and
Testament, and that the said Thomas Evans, Jr.
at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory,
and not under any restraint.
Aaron Evans
Henry J. Eaton.
Sworn to and subscribed by said witnesses, in open Court,
this 26th day of April A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 250)
Description
[page 250]
[corresponds to page 184 of Delaware County Will Records
Vol. 8 1887-1890]
184
Thomas Evans Jr. Will
Journal Entry.
April 26" 1888
In the Matter of the Will |
of Thomas Evans, Jr. deceased. |
Be it remembered, that
heretofore, to-wit: on the 19" day of April. A.D. 1888,
an instrument of writing, purporting to be the last
Will and Testament of Thomas Evans, Jr. late
of Delaware City, in this County, deceased, was
produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court, has been given to Isabella
Evans his widow, and to Wesley Z. Evans_ Aaron
N Evans_ Jessie L. Evans_ Mary B. Evans_
Phebe M. Evans & Teresa B. Evans, next of
kin of the Testator, resident of the State of Ohio,
also to Julia J. Evans mother of said Teresa B.
Evans, she being only in the 3rd year of her age and
residing with her mother & having no Guardian and
all pursuant to a former order of this Court.
Therefore, on this day came Aaron Evans, and Henry
J. Eaton the subscribing witnesses to said Will,
who being duly sworn, testified to the due execu=
=tion and attestation of said Will. Which testimony
was reduced to writing, by them respectively sub=
=scribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writ=
=ing is the last Will and Testament of said Thomas
Evans Jr. deceased. That the same was duly
executed and attested; and that the said Testator,
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate,
and that the same together with the testimony of
the witnesses above named, as well as the proceed=
=ings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
[corresponds to page 184 of Delaware County Will Records
Vol. 8 1887-1890]
184
Thomas Evans Jr. Will
Journal Entry.
April 26" 1888
In the Matter of the Will |
of Thomas Evans, Jr. deceased. |
Be it remembered, that
heretofore, to-wit: on the 19" day of April. A.D. 1888,
an instrument of writing, purporting to be the last
Will and Testament of Thomas Evans, Jr. late
of Delaware City, in this County, deceased, was
produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court, has been given to Isabella
Evans his widow, and to Wesley Z. Evans_ Aaron
N Evans_ Jessie L. Evans_ Mary B. Evans_
Phebe M. Evans & Teresa B. Evans, next of
kin of the Testator, resident of the State of Ohio,
also to Julia J. Evans mother of said Teresa B.
Evans, she being only in the 3rd year of her age and
residing with her mother & having no Guardian and
all pursuant to a former order of this Court.
Therefore, on this day came Aaron Evans, and Henry
J. Eaton the subscribing witnesses to said Will,
who being duly sworn, testified to the due execu=
=tion and attestation of said Will. Which testimony
was reduced to writing, by them respectively sub=
=scribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writ=
=ing is the last Will and Testament of said Thomas
Evans Jr. deceased. That the same was duly
executed and attested; and that the said Testator,
at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate,
and that the same together with the testimony of
the witnesses above named, as well as the proceed=
=ings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 251)
Description
[page 251]
[corresponds to page 185 of Delaware County Will Records
Vol. 8 1887-1890]
185
Thomas Evans, Jr. Will
Copy of Will.
The Last Will and Testament
of
Thomas Evans, Jr. ~
Of the city of Delaware. Ohio.
In the name
of the Benevolent Father of All:
I, the said Thomas
Evans Jr.~, being of sound and disposing mind and
memory, considering the uncertainty of continuance
in life, and desiring to make such disposition of my
worldly estate as I deem best, do make, publish and
declare, this to be my last will and testament; hereby
revoking and annulling any and all former will or
wills whatsoever by me made/
Item First I desire all my just debts and funeral expenses to
be paid, as soon as possible after my decease
Item Second I give and bequeath to my beloved wife Isabella
Evans, all the property & estate, real, personal or mixed,
of which at my decease I may be the owner or have
any interest in, & in whatsoever form, the same may
then be in, money, notes, accounts, household goods,
blocks houses & lots or in any other form whatsoever I
give all to her to be hers absolutely, the real estate in
full fee-simple, with the same power to sell & convey
& control & manage all said estate, that I have whilst
living.
I nominate and appoint my said wife Isabella
Evans to be the Executrix of this Will & request
that she be not required to give any bond, or to have
made any inventory or appraisement of my estate.
In Witness Whereof, I have hereunto
set my hand and seal this sixth day of April in the
year eighteen hundred and eighty eight
Thomas Evans Jr. {Seal}
Signed, sealed, and acknowledge, by said Thomas Evans,
Jr as his last will and testament, in our presence,
and subscribed and attested by us, as witnesses, in his
presence, and at his his request, & in the prescence of
each other.
Aaron Evans.
Henry J. Eaton.
[corresponds to page 185 of Delaware County Will Records
Vol. 8 1887-1890]
185
Thomas Evans, Jr. Will
Copy of Will.
The Last Will and Testament
of
Thomas Evans, Jr. ~
Of the city of Delaware. Ohio.
In the name
of the Benevolent Father of All:
I, the said Thomas
Evans Jr.~, being of sound and disposing mind and
memory, considering the uncertainty of continuance
in life, and desiring to make such disposition of my
worldly estate as I deem best, do make, publish and
declare, this to be my last will and testament; hereby
revoking and annulling any and all former will or
wills whatsoever by me made/
Item First I desire all my just debts and funeral expenses to
be paid, as soon as possible after my decease
Item Second I give and bequeath to my beloved wife Isabella
Evans, all the property & estate, real, personal or mixed,
of which at my decease I may be the owner or have
any interest in, & in whatsoever form, the same may
then be in, money, notes, accounts, household goods,
blocks houses & lots or in any other form whatsoever I
give all to her to be hers absolutely, the real estate in
full fee-simple, with the same power to sell & convey
& control & manage all said estate, that I have whilst
living.
I nominate and appoint my said wife Isabella
Evans to be the Executrix of this Will & request
that she be not required to give any bond, or to have
made any inventory or appraisement of my estate.
In Witness Whereof, I have hereunto
set my hand and seal this sixth day of April in the
year eighteen hundred and eighty eight
Thomas Evans Jr. {Seal}
Signed, sealed, and acknowledge, by said Thomas Evans,
Jr as his last will and testament, in our presence,
and subscribed and attested by us, as witnesses, in his
presence, and at his his request, & in the prescence of
each other.
Aaron Evans.
Henry J. Eaton.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 252)
Description
[page 252]
[corresponds to page 186 of Delaware County Will Records
Vol. 8 1887-1890]
186
Russel B. Moses' Will.
Journal Entry.
May 5th 1888.
In the Matter of the Will of |
Russel B. Moses,deceased. | This day, an instrument of
writing, purporting to be the
last Will and Testament of Russel B. Moses, late of
Liberty Township, in this County, deceased, was pro=
=duced in open Court for Probate; On Consideration
Whereof, it is ordered that the said Will be filed
in this Court.
And Helen E. Moses, the only heir and legatee of said
Testator appears in open Court, and in writing,
waives further notice, and consents to the probate of said
Will, and thereupon, came Lyman Gardner and
George Hall the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution
and attestation of said Will. Which testimony was
reduced to writing, by them respectively subscribed, and
filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last
Will and Testament of said Russel B. Moses, de=
=ceased. That the same was duly executed and attested
and that the said Testator, at the time of making,
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned heir & next of kin of the within nam=
=ed decedent, hereby waive further notice, and consent to
the probate of said Will.
Helen E. Moses.
Dated this 5 day of May. A.D 1888.
Probate of Will.
The State of Ohio | In Probate Court.
Delaware County.ss |
Personally appeared in open Court
Lyman Gardner and George Hall, the subscribing witnesses
to the last Will and Testament of Russel B. Moses, late
[corresponds to page 186 of Delaware County Will Records
Vol. 8 1887-1890]
186
Russel B. Moses' Will.
Journal Entry.
May 5th 1888.
In the Matter of the Will of |
Russel B. Moses,deceased. | This day, an instrument of
writing, purporting to be the
last Will and Testament of Russel B. Moses, late of
Liberty Township, in this County, deceased, was pro=
=duced in open Court for Probate; On Consideration
Whereof, it is ordered that the said Will be filed
in this Court.
And Helen E. Moses, the only heir and legatee of said
Testator appears in open Court, and in writing,
waives further notice, and consents to the probate of said
Will, and thereupon, came Lyman Gardner and
George Hall the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution
and attestation of said Will. Which testimony was
reduced to writing, by them respectively subscribed, and
filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last
Will and Testament of said Russel B. Moses, de=
=ceased. That the same was duly executed and attested
and that the said Testator, at the time of making,
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned heir & next of kin of the within nam=
=ed decedent, hereby waive further notice, and consent to
the probate of said Will.
Helen E. Moses.
Dated this 5 day of May. A.D 1888.
Probate of Will.
The State of Ohio | In Probate Court.
Delaware County.ss |
Personally appeared in open Court
Lyman Gardner and George Hall, the subscribing witnesses
to the last Will and Testament of Russel B. Moses, late
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 253)
Description
[page 253]
[corresponds to page 187 of Delaware County Will Records Vol. 8 1887-1890]
187
Russel B. Moses' Will.
of Liberty Township in said Delaware County, deceased,
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the
paper before them bearing date the 24" day of June. A.
D. 1880. purporting to be the last Will and Testament
of Russel B. Moses, now deceased, is the Will of said
deceased, Russel B. Moses, that they were present at
the execution of said Will, and at the request of the
Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw the
said Russel B. Moses deceased sign and seal said
Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said Rus=
=sel B. Moses at the time of making, signing and seal=
=ing said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint.
Lyman Gardner
George Hall.
Sworn to and subscribed by said witnesses, in open Court,
this 5th day of May. A.D 1888.
N.F.Overturf
{Seal} Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all I Russel
B. Moses of Delaware County Ohio do make and publish
this my last will and testament.
Item 1st I give and bequeath to my beloved Daughter Helen
E. Moses
all of my real estate to wit the home form on which I now
reside in Liberty Township, Delaware County. containing
one hundred and sixteen acres and known as the Salmon
Moses farm and one hundred and thirty eight and one half
acres in Perry Township Franklin Co. Ohio, excepting
ten acres and a fraction heretofore deeded to the Columbus
and Toledo Rail Road Company als. I give and bequeath
to my said Daughter all of my personal property that I
may be possessed of at my decease after paying whatever
debts
and expenses that may accrue.
Item 2nd I nominate and appoint my Daughter Helen E. Moses
Executrix of this my last will and testament and request that
she be not required to give bonds.
Witness my hand this 24th June 1880| Russel B. Moses {Seal}
Signed and sealed by said Russel B. Moses as his last
Will and Testament in our presence and signed by us in his
presence.
Lyman Gardner
George Hall
[corresponds to page 187 of Delaware County Will Records Vol. 8 1887-1890]
187
Russel B. Moses' Will.
of Liberty Township in said Delaware County, deceased,
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the
paper before them bearing date the 24" day of June. A.
D. 1880. purporting to be the last Will and Testament
of Russel B. Moses, now deceased, is the Will of said
deceased, Russel B. Moses, that they were present at
the execution of said Will, and at the request of the
Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw the
said Russel B. Moses deceased sign and seal said
Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said Rus=
=sel B. Moses at the time of making, signing and seal=
=ing said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint.
Lyman Gardner
George Hall.
Sworn to and subscribed by said witnesses, in open Court,
this 5th day of May. A.D 1888.
N.F.Overturf
{Seal} Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all I Russel
B. Moses of Delaware County Ohio do make and publish
this my last will and testament.
Item 1st I give and bequeath to my beloved Daughter Helen
E. Moses
all of my real estate to wit the home form on which I now
reside in Liberty Township, Delaware County. containing
one hundred and sixteen acres and known as the Salmon
Moses farm and one hundred and thirty eight and one half
acres in Perry Township Franklin Co. Ohio, excepting
ten acres and a fraction heretofore deeded to the Columbus
and Toledo Rail Road Company als. I give and bequeath
to my said Daughter all of my personal property that I
may be possessed of at my decease after paying whatever
debts
and expenses that may accrue.
Item 2nd I nominate and appoint my Daughter Helen E. Moses
Executrix of this my last will and testament and request that
she be not required to give bonds.
Witness my hand this 24th June 1880| Russel B. Moses {Seal}
Signed and sealed by said Russel B. Moses as his last
Will and Testament in our presence and signed by us in his
presence.
Lyman Gardner
George Hall
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 254)
Description
[page 254]
[corresponds to page 188 of Delaware County Will Records
Vol. 8 1887-1890]
188
John Wilson's Will.
Journal Entry.
April 30th 1888
In the Matter of the Will of |
John Wilson, deceased, |
This day, an instrument of
writing, purporting to be the last Will and Testament of
John Wilson, late of Liberty Township, in this County,
deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the said Will
be filed in this Court. and that due notice thereof, and
of the application to admit the same to probate and record,
be given to Mary Wilson, his widow, and Mary F. Harter
Sarah G. Jones, John B. Wilson and Melissa Phil=
=lians, heirs and next of kin of the Testator, resident of
the State of Ohio, that said application will be for
hearing before this Court on the 14th day of May.
A.D. 1888. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned, next of kin of the within named dece=
=dent, hereby waive further notice, and consent to the pro=
=bate of said Will.
Dated this 30" day of April. A.D. 1888.
John B. Wilso
Per J. Hipple.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss.}
In the Matter of the last Will and
Testament if John Wilson. decd
To Mary Wilson, widow, Mary
F. Harter - Sarah G. Jones and Melissa Phillians.
You are hereby
notified that on the 30th day of April. A.D. 1888, an in=
=strument of writing, purporting to be the last Will and
Testament of John Wilson, late of Liberty Township in
said County, deceased, was produced in open Court and
an application to admit the same to probate was on the
same day made in said Court. Said application
will be for hearing before this Court on the 14" day of
May. A.D. 1888, at 10 o'clock. A.M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 30th day of April. A.D. 1888
[corresponds to page 188 of Delaware County Will Records
Vol. 8 1887-1890]
188
John Wilson's Will.
Journal Entry.
April 30th 1888
In the Matter of the Will of |
John Wilson, deceased, |
This day, an instrument of
writing, purporting to be the last Will and Testament of
John Wilson, late of Liberty Township, in this County,
deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the said Will
be filed in this Court. and that due notice thereof, and
of the application to admit the same to probate and record,
be given to Mary Wilson, his widow, and Mary F. Harter
Sarah G. Jones, John B. Wilson and Melissa Phil=
=lians, heirs and next of kin of the Testator, resident of
the State of Ohio, that said application will be for
hearing before this Court on the 14th day of May.
A.D. 1888. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned, next of kin of the within named dece=
=dent, hereby waive further notice, and consent to the pro=
=bate of said Will.
Dated this 30" day of April. A.D. 1888.
John B. Wilso
Per J. Hipple.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss.}
In the Matter of the last Will and
Testament if John Wilson. decd
To Mary Wilson, widow, Mary
F. Harter - Sarah G. Jones and Melissa Phillians.
You are hereby
notified that on the 30th day of April. A.D. 1888, an in=
=strument of writing, purporting to be the last Will and
Testament of John Wilson, late of Liberty Township in
said County, deceased, was produced in open Court and
an application to admit the same to probate was on the
same day made in said Court. Said application
will be for hearing before this Court on the 14" day of
May. A.D. 1888, at 10 o'clock. A.M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 30th day of April. A.D. 1888
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 255)
Description
[page 255]
[corresponds to page 189 of Delaware County Will Records
Vol. 8 1887-1890]
189
John Wilson's Will
Return
The State of Ohio |
Delaware County.ss. |
John B. Wilson, being duly sworn,
says, that on the 2d day of May
A.D. 1888, he served the within notice by delivering a
true copy thereof to the within named Mary Wilson
widow of John Wilson, deceased. May 2 1888, & to
Mary F. Harter May 3 1888 & to Sarah G Jones May
5. 1888 & to Melisser Phillians. May 7" 1888.
J.B. Wilson.
Subscribed in my presence and sworn to before me this
9" day of May. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
Personally appeared in open Court
Adam Newhouse and Samuel Newhouse the subscrib=
=ing witnesses to the last Will and Testament of John
Wilson, late of Liberty Township in said Delaware Coun=
=ty, deceased; who, being duly sworn according to law,
to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing
date the 24 day of April .A.D. 1888, purporting to be
the last Will and Testament of John Wilson, now
deceased, is the Will of said deceased John Wilson,
that they were present at the execution of said Will
and at the request of the Testator, respectively sub=
scribed their names to the same as witnesses, in his
presence; that they saw the said John Wilson,
deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and Tes=
=tament, and that the said John Wilson at the
time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint.
Adam Newhouse
Samuel Newhouse.
Sworn to and subscribed by said witnesses, in open
Court, this 14" day of May. A.D. 1888.
N.F. Overturf
Probate Judge
[corresponds to page 189 of Delaware County Will Records
Vol. 8 1887-1890]
189
John Wilson's Will
Return
The State of Ohio |
Delaware County.ss. |
John B. Wilson, being duly sworn,
says, that on the 2d day of May
A.D. 1888, he served the within notice by delivering a
true copy thereof to the within named Mary Wilson
widow of John Wilson, deceased. May 2 1888, & to
Mary F. Harter May 3 1888 & to Sarah G Jones May
5. 1888 & to Melisser Phillians. May 7" 1888.
J.B. Wilson.
Subscribed in my presence and sworn to before me this
9" day of May. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
Personally appeared in open Court
Adam Newhouse and Samuel Newhouse the subscrib=
=ing witnesses to the last Will and Testament of John
Wilson, late of Liberty Township in said Delaware Coun=
=ty, deceased; who, being duly sworn according to law,
to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing
date the 24 day of April .A.D. 1888, purporting to be
the last Will and Testament of John Wilson, now
deceased, is the Will of said deceased John Wilson,
that they were present at the execution of said Will
and at the request of the Testator, respectively sub=
scribed their names to the same as witnesses, in his
presence; that they saw the said John Wilson,
deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and Tes=
=tament, and that the said John Wilson at the
time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint.
Adam Newhouse
Samuel Newhouse.
Sworn to and subscribed by said witnesses, in open
Court, this 14" day of May. A.D. 1888.
N.F. Overturf
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 256)
Description
[page 256]
[corresponds to page 190 of Delaware County Will Records
Vol. 8 1887-1890]
190
John Wilson's Will
Journal Entry.
May 14" 1888.
In the Matter of the Will |
of John Wilson, decd. | Be it remembered that here:
tofore, to-wit: on the 30th day of
April: A.D. an instrument of writing, purporting to
be the last Will and Testament of John Wilson, late
of Liberty Township, in this County, deceased, was produc=
=ed in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the court
that due notice of the filing of said Will, and of the
application to admit the same to probate and record in
this Court, has been given to Mary Wilson, widow -
Mary F. Harter - Sarah G. Jones and Melissa Phil=
=lians (John B. Wilson having waived Notice and consent=
=ed to probate of said Will) heirs and next of kin
of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore, on this day
came Adam Newhouse and Samuel Newhouse,
the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing
by them subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testa=
=ment of said John Wilson, deceased. That the
same was duly executed and attested; and that the said
Testator, at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to pro=
=bate, and that the same, together with the testimony
of the witnesses above named, as well as the proceed+
=ings had thereon, be entered of record in this Court
N.F. Overturf
Probate Judge
Copy of Will.
In the name of the Benevolent Father of All; I
John Wilson of Liberty Township Delaware County Ohio
do make and publish this my last Will and Testament.
Item 1st It is my will that all my just debts and funeral
expenses be paid and for that purpose my Executrix
hereinafter named is authorized to sell or dispose of any
property that may be necessary for that purpose.
Item 2nd I give and devise to my beloved wife Mary Wilson
[corresponds to page 190 of Delaware County Will Records
Vol. 8 1887-1890]
190
John Wilson's Will
Journal Entry.
May 14" 1888.
In the Matter of the Will |
of John Wilson, decd. | Be it remembered that here:
tofore, to-wit: on the 30th day of
April: A.D. an instrument of writing, purporting to
be the last Will and Testament of John Wilson, late
of Liberty Township, in this County, deceased, was produc=
=ed in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the court
that due notice of the filing of said Will, and of the
application to admit the same to probate and record in
this Court, has been given to Mary Wilson, widow -
Mary F. Harter - Sarah G. Jones and Melissa Phil=
=lians (John B. Wilson having waived Notice and consent=
=ed to probate of said Will) heirs and next of kin
of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore, on this day
came Adam Newhouse and Samuel Newhouse,
the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing
by them subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testa=
=ment of said John Wilson, deceased. That the
same was duly executed and attested; and that the said
Testator, at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to pro=
=bate, and that the same, together with the testimony
of the witnesses above named, as well as the proceed+
=ings had thereon, be entered of record in this Court
N.F. Overturf
Probate Judge
Copy of Will.
In the name of the Benevolent Father of All; I
John Wilson of Liberty Township Delaware County Ohio
do make and publish this my last Will and Testament.
Item 1st It is my will that all my just debts and funeral
expenses be paid and for that purpose my Executrix
hereinafter named is authorized to sell or dispose of any
property that may be necessary for that purpose.
Item 2nd I give and devise to my beloved wife Mary Wilson
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 257)
Description
[page 257]
[corresponds to page 191 of Delaware County Will Records
Vol. 8 1887-1890]
191
John Wilson's Will.
in lieu of her dower and in lieu of her years support
under the law All my real estate lands and tenements
with the privileges and appurtenances thereunto belong=
=ing And all my personal property, money, goods &
Chattels of every kind and description whatsoever to
have and to hold during her natural life.
She however having the right and she is hereby author=
=ized and empowered to sell and dispose of any part or the
whole of said property at public or private sale as she
may think best and use the proceeds for her support or
as she wishes or deems best.
Item 3. At the decease of my said wife I give, devise and
bequeath the remainder of said Real Estate and
personal property if any remains to my son John B.
Wilson and my daughter Mrs. Sarah G. Jones & their
heirs forever Share & share alike.
I do hereby nominate and appoint my
beloved wife Mary Wilson Executrix of this my Last
Will and Testament hereby Authorizing and empower=
=ing her to compromise, adjust, release and discharge in
such manner as she may deem best the debts and claims
due me And I do also Authorize and empower her
if it becomes necessary to pay my debts or for the sup=
=port of my said wife or for any purpose for which she
may wish or desire sell & dispose of as aforesaid any
of said property. I desire that no sale or appraise=
=ment of my property be made except in the manner
& for the purposes aforesaid and that the Court of Probate
direct the mission of the same in pursuance of the
Statute.
I do hereby revoke all former wills by me made,
In testimony Whereof I have hereunto set my
hand and seal this 24' day of April. A.D. 1888.
John Wilson {Seal}
Signed and acknowledged
by said John Wilson
as his Last Will and
Testament in our presence
and signed: by us in his
presence.
Adam Newhouse
Samuel Newhouse
[corresponds to page 191 of Delaware County Will Records
Vol. 8 1887-1890]
191
John Wilson's Will.
in lieu of her dower and in lieu of her years support
under the law All my real estate lands and tenements
with the privileges and appurtenances thereunto belong=
=ing And all my personal property, money, goods &
Chattels of every kind and description whatsoever to
have and to hold during her natural life.
She however having the right and she is hereby author=
=ized and empowered to sell and dispose of any part or the
whole of said property at public or private sale as she
may think best and use the proceeds for her support or
as she wishes or deems best.
Item 3. At the decease of my said wife I give, devise and
bequeath the remainder of said Real Estate and
personal property if any remains to my son John B.
Wilson and my daughter Mrs. Sarah G. Jones & their
heirs forever Share & share alike.
I do hereby nominate and appoint my
beloved wife Mary Wilson Executrix of this my Last
Will and Testament hereby Authorizing and empower=
=ing her to compromise, adjust, release and discharge in
such manner as she may deem best the debts and claims
due me And I do also Authorize and empower her
if it becomes necessary to pay my debts or for the sup=
=port of my said wife or for any purpose for which she
may wish or desire sell & dispose of as aforesaid any
of said property. I desire that no sale or appraise=
=ment of my property be made except in the manner
& for the purposes aforesaid and that the Court of Probate
direct the mission of the same in pursuance of the
Statute.
I do hereby revoke all former wills by me made,
In testimony Whereof I have hereunto set my
hand and seal this 24' day of April. A.D. 1888.
John Wilson {Seal}
Signed and acknowledged
by said John Wilson
as his Last Will and
Testament in our presence
and signed: by us in his
presence.
Adam Newhouse
Samuel Newhouse
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 258)
Description
[page 258]
[corresponds to page 192 of Delaware County Will Records
Vol. 8 1887-1890]
192
M. Aletha Stabler's Will
Journal Entry.
May. 3 1888.
In the Matter of the Will of |
M. Aletha Stabler, decd. |
This day, an instrument of
writing, purporting to be the last Will and Testament of
M. Aletha Stabler, late of Delaware Township, in this
County, deceased, was produced in open Court for Pro=
=bate; On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due
notice thereof, and of the application to admit the same
to probate and record, be given to Alvin K. Stabler, her
widower, and Hamilton L. Bereau - Mrs. M. F. Wil
=liamson and Mrs. R. A. Stabler, legatees of the Tes=
=tatrix, resident of the State of Ohio, that said appli=
=cation will be for hearing before this Court on the 11th
day of May. A.D. 1888 at 2 o'clock P.M., to which
time this matter is continued.
N.F. Overturf.
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the matter of the last Will and
Testament of M. Aletha Stabler, decd.
To Alvin K. Stabler -
Hamilton L. Bereau - Mrs. M.F. Williamson & Mrs. R.
A. Stabler
You are hereby notified that on the 3rd day of May
A D 1888, an instrument of writing, purporting to
be the last Will and Testament of M. Aletha Stabler
late of Delaware Township, in said County, deceased,
was produced in open Court, and an application to ad=
=mit the same to probate was on the same day made
in said Court. Said application will be for hearing
before this Court on the 11th day of May. A.D. 1888,
at 2 o clock P.M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 3rd day of May. A.D. 1888.
Journal Entry.
May 11" 1888.
In the Matter of the Will |
of M. Aletha Stabler, decd. |
It appearing to the Court,
that B.F. Freshwater is not able to make proof that
[corresponds to page 192 of Delaware County Will Records
Vol. 8 1887-1890]
192
M. Aletha Stabler's Will
Journal Entry.
May. 3 1888.
In the Matter of the Will of |
M. Aletha Stabler, decd. |
This day, an instrument of
writing, purporting to be the last Will and Testament of
M. Aletha Stabler, late of Delaware Township, in this
County, deceased, was produced in open Court for Pro=
=bate; On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due
notice thereof, and of the application to admit the same
to probate and record, be given to Alvin K. Stabler, her
widower, and Hamilton L. Bereau - Mrs. M. F. Wil
=liamson and Mrs. R. A. Stabler, legatees of the Tes=
=tatrix, resident of the State of Ohio, that said appli=
=cation will be for hearing before this Court on the 11th
day of May. A.D. 1888 at 2 o'clock P.M., to which
time this matter is continued.
N.F. Overturf.
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the matter of the last Will and
Testament of M. Aletha Stabler, decd.
To Alvin K. Stabler -
Hamilton L. Bereau - Mrs. M.F. Williamson & Mrs. R.
A. Stabler
You are hereby notified that on the 3rd day of May
A D 1888, an instrument of writing, purporting to
be the last Will and Testament of M. Aletha Stabler
late of Delaware Township, in said County, deceased,
was produced in open Court, and an application to ad=
=mit the same to probate was on the same day made
in said Court. Said application will be for hearing
before this Court on the 11th day of May. A.D. 1888,
at 2 o clock P.M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 3rd day of May. A.D. 1888.
Journal Entry.
May 11" 1888.
In the Matter of the Will |
of M. Aletha Stabler, decd. |
It appearing to the Court,
that B.F. Freshwater is not able to make proof that
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 259)
Description
[page 259]
[corresponds to page 193 of Delaware County Will Records
Vol. 8 1887-1890]
193
M. Aletha Stabler's Will
all of the legatees have had proper service the hear=
=ing of this cause is continued until the 16th day of
May. A.D. 1888.
N.F. Overturf
Probate Judge.
Affidavit of Service.
The State of Ohio }
Delaware County,ss. } B. F. Freshwater, being duly sworn,
says that on the 5", 7" & 12" days of
May. A.D. 1888, he served the within noticed by de=
=livering a true copy thereof to the within named
Alvin K. Stabler - Hamilton L. Bereau - Mrs. M.F.
Williamson & Mrs. R.A. Stabler.
B.F. Freshwater.
Subscribed in my presence and sworn to before me
this 16th day of May 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will,
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court
B.F. Freshwater and Grace N. White the subscribing witnesses
to the last Will and Testament of M. Aletha Stabler, late of
Delaware Township, in said Delaware County, deceased; who
being duly sworn according to law, to speak the truth, the
whole truth, and nothing but the truth, in relation to the ex=
=ecution of said Will, depose and say: That the paper before
them bearing date the 21" day of April. A.D. 1888, purporting
to be the last Will and Testament of M. Aletha Stabler,
now deceased, is the Will of said deceased, M. Aletha Stab=
=ler, that they were present at the execution of said Will,
and at the request of the Testatrix, respectively subscribed
their names to the same as witnesses, in his presence;
that they saw the said M. Aletha Stabler, deceased,
sign and seal said Will, and heard her acknowledge the
same to be her last Will and Testament, and that the said
M. Aletha Stabler at the time of making, signing and seal=
=ing said Will, was of sound mind and memory, and not
under any restraint.
B.F. Freshwater
Horace N. White.
Sworn to and subscribed by said witnesses in open Court
this 16th day of May. A.D. 1888.
{Seal} N.F. Overturf. Probate Judge
[corresponds to page 193 of Delaware County Will Records
Vol. 8 1887-1890]
193
M. Aletha Stabler's Will
all of the legatees have had proper service the hear=
=ing of this cause is continued until the 16th day of
May. A.D. 1888.
N.F. Overturf
Probate Judge.
Affidavit of Service.
The State of Ohio }
Delaware County,ss. } B. F. Freshwater, being duly sworn,
says that on the 5", 7" & 12" days of
May. A.D. 1888, he served the within noticed by de=
=livering a true copy thereof to the within named
Alvin K. Stabler - Hamilton L. Bereau - Mrs. M.F.
Williamson & Mrs. R.A. Stabler.
B.F. Freshwater.
Subscribed in my presence and sworn to before me
this 16th day of May 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will,
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court
B.F. Freshwater and Grace N. White the subscribing witnesses
to the last Will and Testament of M. Aletha Stabler, late of
Delaware Township, in said Delaware County, deceased; who
being duly sworn according to law, to speak the truth, the
whole truth, and nothing but the truth, in relation to the ex=
=ecution of said Will, depose and say: That the paper before
them bearing date the 21" day of April. A.D. 1888, purporting
to be the last Will and Testament of M. Aletha Stabler,
now deceased, is the Will of said deceased, M. Aletha Stab=
=ler, that they were present at the execution of said Will,
and at the request of the Testatrix, respectively subscribed
their names to the same as witnesses, in his presence;
that they saw the said M. Aletha Stabler, deceased,
sign and seal said Will, and heard her acknowledge the
same to be her last Will and Testament, and that the said
M. Aletha Stabler at the time of making, signing and seal=
=ing said Will, was of sound mind and memory, and not
under any restraint.
B.F. Freshwater
Horace N. White.
Sworn to and subscribed by said witnesses in open Court
this 16th day of May. A.D. 1888.
{Seal} N.F. Overturf. Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 260)
Description
[page 260]
[corresponds to page 194 of Delaware County Will Records
Vol. 8 1887-1890]
194
M. Aletha Stabler's Will
Journal Entry.
May 16th 1888.
In the Matter of the Will of|
M. Aletha Stabler, decd | This cause coming on for hear=
ing, and it now being shown
to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the
same to probate and record in this Court, has been
given to Alvin K. Stabler her widower, and Hamil=
=ton L. Bereau. Mrs. M.F. Williamson and Mrs. R.A. Stabler
legatees of the Testatrix, resident of the State of Ohio,
pursuant to a former order of this Court; therefore on this
day came B.F. Freshwater and Horace N. White
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attesta=
=tion of said Will. Which testimony was reduced
to writing, by them respectively subscribed, and
filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will
and Testament of said M. Aletha Stabler, deceased.
That the same was duly executed and attested; and
that the said Testatrix, at the time of making, sign=
ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same, to=
=gether with the testimony of the witnesses above
named, as well as the proceedings had thereon, be,
entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of Will.
The Last Will and Testament of
M. Aletha Stabler, of Delaware County, Ohio
In the Name of the Benevolent Father of All, I, the
said M. Aletha Stabler, being of sound and disposing mind
and memory, considering the uncertainty of continuance
in life, and desiring to make such disposition of my
worldly estate as I deem best, do make, publish and
declare, this to be my last Will and Testament; hereby
revoking and annulling any and all former will and wills
whatsoever by me made.
First I desire all my just debts and funeral expenses to be
paid, as soon as possible after my decease.
[corresponds to page 194 of Delaware County Will Records
Vol. 8 1887-1890]
194
M. Aletha Stabler's Will
Journal Entry.
May 16th 1888.
In the Matter of the Will of|
M. Aletha Stabler, decd | This cause coming on for hear=
ing, and it now being shown
to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the
same to probate and record in this Court, has been
given to Alvin K. Stabler her widower, and Hamil=
=ton L. Bereau. Mrs. M.F. Williamson and Mrs. R.A. Stabler
legatees of the Testatrix, resident of the State of Ohio,
pursuant to a former order of this Court; therefore on this
day came B.F. Freshwater and Horace N. White
the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attesta=
=tion of said Will. Which testimony was reduced
to writing, by them respectively subscribed, and
filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will
and Testament of said M. Aletha Stabler, deceased.
That the same was duly executed and attested; and
that the said Testatrix, at the time of making, sign=
ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same, to=
=gether with the testimony of the witnesses above
named, as well as the proceedings had thereon, be,
entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of Will.
The Last Will and Testament of
M. Aletha Stabler, of Delaware County, Ohio
In the Name of the Benevolent Father of All, I, the
said M. Aletha Stabler, being of sound and disposing mind
and memory, considering the uncertainty of continuance
in life, and desiring to make such disposition of my
worldly estate as I deem best, do make, publish and
declare, this to be my last Will and Testament; hereby
revoking and annulling any and all former will and wills
whatsoever by me made.
First I desire all my just debts and funeral expenses to be
paid, as soon as possible after my decease.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 261)
Description
[page 261]
[corresponds to page 195 of Delaware County Will Records
Vol. 8 1887-1890]
195
M. Aletha Stabler's Will
Second: I give and bequeath to my dear husband Alvin K. Stabler,
All my Real Estate situate, lying and being in Warren
County, Ohio, Said Real Estate being the Undivided
One Third (1/3) part of the Homestead of which my Father
Abram Bereau died seized, my interest therein, in said
Real Estate, never having been set off or assigned to
me, and I desire my Executor hereinafter named to
sell and dispose of this my Real Estate and to pay over
the money received from said sale of said Real Estate
to my husband Alvin K. Stabler.
Item Third: I give and bequeath to my dear Brother Hamilton L.
Bereau my Silver Goblets, Silver pitcher and silver
syrup can.
Item Fourth: I give and bequeath to my dear sister Mrs. M.F. Wil=
=liamson my seed Pearl Earrings
Item Fifth: I give and bequest to my dear Mother-in-Law
Mrs. R.
A. Stabler, my walnut Bed-stead-Walnut dressing
case and divan.
Item Sixth: I give and bequeath to my dear husband Alvin K.
Stabler, all money which I may have in my possession
at the time of my decease, and also my Piano beds and
bedding, Chairs, Carpets, and furniture, and all of my pers=
=onal property not heretofore disposed of in this Will, of all
kinds and descriptions, which I may be possessed of at the
time of my decease.
Item Seventh There is due me from my brother Hamilton L.
Bereau
about Three Hundred $300.00, Dollars, which I desire my
Executor shall collect and out of said sum of $300.00 I
desire said Executor to pay all the expenses of my funer=
=al, & all debts that may be contracted in the
administration
of this my last Will and Testament, Should there be any
of this money aforesaid left after paying said expenses and
debts, Then it is my will, and desire that the said Executor
shall pay the residue of said money to my husband Alvin
K. Stabler.
I nominate and appoint Levi Gorsuch of Butler Coun=
ty Ohio, to be the executor of this Will
In Witness Whereof, I
have hereunto set my hand and seal this Twenty First
day of April, in the year Eighteen Hundred and Eighty
Eight.
M. Aletha Stabler {Seal}
Signed, sealed, and acknowledged, by M. Aletha Stabler, as and for
her last Will and Testament, in our presence, and subscribed and
attested by us, as witnesses, in her presence, and at her request.
B.F. Freshwater
Horace N. White.
[corresponds to page 195 of Delaware County Will Records
Vol. 8 1887-1890]
195
M. Aletha Stabler's Will
Second: I give and bequeath to my dear husband Alvin K. Stabler,
All my Real Estate situate, lying and being in Warren
County, Ohio, Said Real Estate being the Undivided
One Third (1/3) part of the Homestead of which my Father
Abram Bereau died seized, my interest therein, in said
Real Estate, never having been set off or assigned to
me, and I desire my Executor hereinafter named to
sell and dispose of this my Real Estate and to pay over
the money received from said sale of said Real Estate
to my husband Alvin K. Stabler.
Item Third: I give and bequeath to my dear Brother Hamilton L.
Bereau my Silver Goblets, Silver pitcher and silver
syrup can.
Item Fourth: I give and bequeath to my dear sister Mrs. M.F. Wil=
=liamson my seed Pearl Earrings
Item Fifth: I give and bequest to my dear Mother-in-Law
Mrs. R.
A. Stabler, my walnut Bed-stead-Walnut dressing
case and divan.
Item Sixth: I give and bequeath to my dear husband Alvin K.
Stabler, all money which I may have in my possession
at the time of my decease, and also my Piano beds and
bedding, Chairs, Carpets, and furniture, and all of my pers=
=onal property not heretofore disposed of in this Will, of all
kinds and descriptions, which I may be possessed of at the
time of my decease.
Item Seventh There is due me from my brother Hamilton L.
Bereau
about Three Hundred $300.00, Dollars, which I desire my
Executor shall collect and out of said sum of $300.00 I
desire said Executor to pay all the expenses of my funer=
=al, & all debts that may be contracted in the
administration
of this my last Will and Testament, Should there be any
of this money aforesaid left after paying said expenses and
debts, Then it is my will, and desire that the said Executor
shall pay the residue of said money to my husband Alvin
K. Stabler.
I nominate and appoint Levi Gorsuch of Butler Coun=
ty Ohio, to be the executor of this Will
In Witness Whereof, I
have hereunto set my hand and seal this Twenty First
day of April, in the year Eighteen Hundred and Eighty
Eight.
M. Aletha Stabler {Seal}
Signed, sealed, and acknowledged, by M. Aletha Stabler, as and for
her last Will and Testament, in our presence, and subscribed and
attested by us, as witnesses, in her presence, and at her request.
B.F. Freshwater
Horace N. White.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 262)
Description
[page 262]
[corresponds to page 196 of Delaware County Will Records
Vol. 8 1887-1890]
196
Lydia E. Young's Will
Journal Entry,
June 9th 1888.
In the Matter of the Will |
of Lydia E. Young, deceased, |
This day, an instrument
of writing, purporting to be the last Will and Testament
of Lydia E. Young, late of Delaware City, in this
County, deceased, was produced in open Court for Pro=
=bate; On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due
notice thereof, and of the application to admit the admit
the same to probate and record, be given to Lizzie E.
Young, John L. Young, Robert W. Young and Guy
Earl Young heirs and next of kin of the Testa=
=trix, resident of the State of Ohio, that said appli=
=cation will be for hearing before this Court on the 12th
day of June. A.D. 1888, at 2 o'clock P.M. (George W.
Young, Jr. widower of said Testatrix, having waived
notice).
N. F. Overturf
Probate Judge,
Waiver.
I, the undersigned, widower of the within dec=
=edent, hereby waive further notice, and consented
the probate of said Will.
Dated this 9" day of June A.D. 1888.
Geo. W. Young. Jr.
Notice to Heirs.
The State of Ohio | In Probate Court.
Delaware County.ss. |
In the Matter of the last Will
and Testament of Lydia E. Young. deceased.
To Lizzie E Young, John L.
Young, Robert W. Young and Guy Earl Young.
You are hereby notified
that on the 9" day of June, A.D. 1888, an instrument of
writing, purporting to be the last Will and Testament of
Lydia E. Young, late of Delaware Township, in said
County, deceased, was produced in open Court, and an
application to admit the same to probate was on the same
day made in said Court. Said application will be for
hearing before this Court in the 12" day of June.
A.D. 1888. at 2 o'clock P.M.
{Seal} N.F. Overturf
Probate Judge.
Dated at Delaware Ohio, this 9" day of June A.D. 1888.
[corresponds to page 196 of Delaware County Will Records
Vol. 8 1887-1890]
196
Lydia E. Young's Will
Journal Entry,
June 9th 1888.
In the Matter of the Will |
of Lydia E. Young, deceased, |
This day, an instrument
of writing, purporting to be the last Will and Testament
of Lydia E. Young, late of Delaware City, in this
County, deceased, was produced in open Court for Pro=
=bate; On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due
notice thereof, and of the application to admit the admit
the same to probate and record, be given to Lizzie E.
Young, John L. Young, Robert W. Young and Guy
Earl Young heirs and next of kin of the Testa=
=trix, resident of the State of Ohio, that said appli=
=cation will be for hearing before this Court on the 12th
day of June. A.D. 1888, at 2 o'clock P.M. (George W.
Young, Jr. widower of said Testatrix, having waived
notice).
N. F. Overturf
Probate Judge,
Waiver.
I, the undersigned, widower of the within dec=
=edent, hereby waive further notice, and consented
the probate of said Will.
Dated this 9" day of June A.D. 1888.
Geo. W. Young. Jr.
Notice to Heirs.
The State of Ohio | In Probate Court.
Delaware County.ss. |
In the Matter of the last Will
and Testament of Lydia E. Young. deceased.
To Lizzie E Young, John L.
Young, Robert W. Young and Guy Earl Young.
You are hereby notified
that on the 9" day of June, A.D. 1888, an instrument of
writing, purporting to be the last Will and Testament of
Lydia E. Young, late of Delaware Township, in said
County, deceased, was produced in open Court, and an
application to admit the same to probate was on the same
day made in said Court. Said application will be for
hearing before this Court in the 12" day of June.
A.D. 1888. at 2 o'clock P.M.
{Seal} N.F. Overturf
Probate Judge.
Dated at Delaware Ohio, this 9" day of June A.D. 1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 263)
Description
[page 263]
[corresponds to page 197 of Delaware County Will Records
Vol. 8 1887-1890]
197
Lydia E. Young's Will
Return
The State of Ohio }
Delaware County, ss. } George W. Young. Jr. being
duly
sworn, says that on the 11
day
of June, A.D. 1888, he served the within notice by
delivering a true copy thereof to the within named
Lizzie E. Young, John L. Young, Robert W. Young and
Guy Earl Young.
Geo. W. Young. Jr.
Subscribed in my presence and sworn to before me this
12" day of June, 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio | In Probate Court.
Delaware County ss. |
Personally appeared in open Court,
W.B. Hedges and Etta Roloson, the subscribing wit=
nesses to the last Will and Testament of Lydia E.
Young, late of Delaware Township in said Delaware
County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing
date the 29" day of May. A.D. 1888, purporting to be
the last Will and Testament of Lydia E. Young - now
deceased, is the Will of said deceased Lydia E. Young,
that they were present at the execution of said
Will, and at the request of the Testatrix, respectively
subscribed their names to the same as witnesses,
in her presence; that they saw the said Lydia E.
Young, deceased, sign and seal said Will, and heard
her acknowledge the same to be her last Will and
Testament, and that the said Lydia E. Young at the
time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint.
W.B. Hedges
Etta Roloson.
Sworn to and subscribed by said witnesses in open
Court, this 12th day of June, A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 197 of Delaware County Will Records
Vol. 8 1887-1890]
197
Lydia E. Young's Will
Return
The State of Ohio }
Delaware County, ss. } George W. Young. Jr. being
duly
sworn, says that on the 11
day
of June, A.D. 1888, he served the within notice by
delivering a true copy thereof to the within named
Lizzie E. Young, John L. Young, Robert W. Young and
Guy Earl Young.
Geo. W. Young. Jr.
Subscribed in my presence and sworn to before me this
12" day of June, 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio | In Probate Court.
Delaware County ss. |
Personally appeared in open Court,
W.B. Hedges and Etta Roloson, the subscribing wit=
nesses to the last Will and Testament of Lydia E.
Young, late of Delaware Township in said Delaware
County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing
date the 29" day of May. A.D. 1888, purporting to be
the last Will and Testament of Lydia E. Young - now
deceased, is the Will of said deceased Lydia E. Young,
that they were present at the execution of said
Will, and at the request of the Testatrix, respectively
subscribed their names to the same as witnesses,
in her presence; that they saw the said Lydia E.
Young, deceased, sign and seal said Will, and heard
her acknowledge the same to be her last Will and
Testament, and that the said Lydia E. Young at the
time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under
any restraint.
W.B. Hedges
Etta Roloson.
Sworn to and subscribed by said witnesses in open
Court, this 12th day of June, A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 264)
Description
[page 264]
[corresponds to page 198 of Delaware County Will Records
Vol. 8 1887-1890]
198
Lydia E. Young's Will
Journal Entry.
June 12" 1888.
In the Matter of the Will of }
Lydia E. Young. deceased. }
Be it Remembered, that,
heretofore, to-wit: on the 9th day of June. A.D. 1888,
an instrument of writing, purporting to be the last
Will and Testament of Lydia E. Young, late of
Delaware City, in this County, deceased, was pro=
=duced in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and
record in this Court, has been given to Lizzie E. Young,
John L. Young, Robert W. Young and Guy Earl
Young, heirs and next of kin of the Testatrix,
resident of the State of Ohio, pursuant to a former
order of this Court; (George W. Young. Jr. widower of
said decedent having waived notice and consented to
the probate of said Will) therefore, on this day came
W.B. Hedges and Etta Roloson the subscribing
witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Lydia E. Young, deceased. That the same
was duly executed and attested; and that the said
Testatrix, at the time of making, signing and sealing
said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admit=
=ted to probate, and that the same, together with the
testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this
Court.
N. F. Overturf
Probate Judge
Copy of Will.
Last Will of Lydia E. Young
I, Lydia E. Young of Delaware Ohio, do on this
29th day of May. at the City of Delaware
Ohio, make and publish this my last Will and
[corresponds to page 198 of Delaware County Will Records
Vol. 8 1887-1890]
198
Lydia E. Young's Will
Journal Entry.
June 12" 1888.
In the Matter of the Will of }
Lydia E. Young. deceased. }
Be it Remembered, that,
heretofore, to-wit: on the 9th day of June. A.D. 1888,
an instrument of writing, purporting to be the last
Will and Testament of Lydia E. Young, late of
Delaware City, in this County, deceased, was pro=
=duced in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and
record in this Court, has been given to Lizzie E. Young,
John L. Young, Robert W. Young and Guy Earl
Young, heirs and next of kin of the Testatrix,
resident of the State of Ohio, pursuant to a former
order of this Court; (George W. Young. Jr. widower of
said decedent having waived notice and consented to
the probate of said Will) therefore, on this day came
W.B. Hedges and Etta Roloson the subscribing
witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Lydia E. Young, deceased. That the same
was duly executed and attested; and that the said
Testatrix, at the time of making, signing and sealing
said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admit=
=ted to probate, and that the same, together with the
testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this
Court.
N. F. Overturf
Probate Judge
Copy of Will.
Last Will of Lydia E. Young
I, Lydia E. Young of Delaware Ohio, do on this
29th day of May. at the City of Delaware
Ohio, make and publish this my last Will and
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 265)
Description
[page 265]
[corresponds to page 199 of Delaware County Will Records
Vol. 8 1887-1890]
199
Lydia E. Young's Will
testament, That is to say.
I wish all my just debts and fun=
=eral expenses paid.
I give devise and bequeath all
my estate both personal and real and of whatsoever
kind I may die seized to my husband George W.
Young, Jr.
I nominate and appoint my said husband
the said George W. Young, Jr. Executor of this
my last Will, and I direct that he be not required
to give bonds as such. And I direct also that
there be no inventory or appraisement of any of my
property.
In testimony Whereof I hereunto sub=
=scribe my name and affix my seal this 29th day
of May. In the Year of our Lord One Thousand
Eight Hundred and Eighty Eight.
Lydia E. Young.
Signed and sealed by Lydia E. Young in our pres=
=ence and by her acknowledged to be her last
Will and Testament and by us at her request
and in her presence and in the presence of each
other signed by us as witnesses this 29th day of
May, 1888.
W.B. Hedges
Etta Roloson
[corresponds to page 199 of Delaware County Will Records
Vol. 8 1887-1890]
199
Lydia E. Young's Will
testament, That is to say.
I wish all my just debts and fun=
=eral expenses paid.
I give devise and bequeath all
my estate both personal and real and of whatsoever
kind I may die seized to my husband George W.
Young, Jr.
I nominate and appoint my said husband
the said George W. Young, Jr. Executor of this
my last Will, and I direct that he be not required
to give bonds as such. And I direct also that
there be no inventory or appraisement of any of my
property.
In testimony Whereof I hereunto sub=
=scribe my name and affix my seal this 29th day
of May. In the Year of our Lord One Thousand
Eight Hundred and Eighty Eight.
Lydia E. Young.
Signed and sealed by Lydia E. Young in our pres=
=ence and by her acknowledged to be her last
Will and Testament and by us at her request
and in her presence and in the presence of each
other signed by us as witnesses this 29th day of
May, 1888.
W.B. Hedges
Etta Roloson
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 266)
Description
[page 266]
[corresponds to page 200 of Delaware County Will Records
Vol. 8 1887-1890]
200
Samuel T. McMorran's Will
Journal Entry.
June 20" 1888.
In the Matter of the Application }
for admission to Record of the }
Copy of Will & Record of Probate }
of the Will of Samuel T. McMorran, }
decd late of Champaign County, Ohio }
This day David McMor=
=ran Executor of the last Will and Testament of Samuel
T. McMorran decd presented to this Court for record an
Authenticated Copy of the last Will and Testament of
Samuel T McMorran, late of Champaign County. Ohio.
deceased, and of the order of Probate of the same in said
County.
Whereupon the Court finding that certain real estate
of said decedent mentioned in said Will and provis=
=ion for the title to the same to pass by provision in
said Will contained, is situated in this County, the
Court hereby order that said Copies be admitted to
record, as provided by law in such cases, in this County.
N.F. Overturf
Probate . Judge.
"Copy of Will and Proceedings"
Application to Probate Will.
In the Probate Court, Champaign County, Ohio.
Samuel T. McMorran, Deceased.
To the Honorable the Judge of said Court:
And now comes Susan B. McMorran and produces
for admission to Probate in said Court, the Last Will
and Testament of Samuel T. McMorran, late a resi-
=dent of the St. Paris, in said County, who died on the
5 day of April. A D. 1888.
Said Testator died leaving Susan B. McMorran
his widow and the following persons, all of his next of
kin.
Name Degree of Kinship P.O.Address.
Isaac N. McMorran. Son. St. Paris. O.
The State of Ohio. Champaign County,ss.
The above named Susan B. McMorran having first
duly sworn, says the statements of the foregoing
application,
are true as she very believe.
S.B. McMorran.
Sworn to before me and subscribed in my presence
[corresponds to page 200 of Delaware County Will Records
Vol. 8 1887-1890]
200
Samuel T. McMorran's Will
Journal Entry.
June 20" 1888.
In the Matter of the Application }
for admission to Record of the }
Copy of Will & Record of Probate }
of the Will of Samuel T. McMorran, }
decd late of Champaign County, Ohio }
This day David McMor=
=ran Executor of the last Will and Testament of Samuel
T. McMorran decd presented to this Court for record an
Authenticated Copy of the last Will and Testament of
Samuel T McMorran, late of Champaign County. Ohio.
deceased, and of the order of Probate of the same in said
County.
Whereupon the Court finding that certain real estate
of said decedent mentioned in said Will and provis=
=ion for the title to the same to pass by provision in
said Will contained, is situated in this County, the
Court hereby order that said Copies be admitted to
record, as provided by law in such cases, in this County.
N.F. Overturf
Probate . Judge.
"Copy of Will and Proceedings"
Application to Probate Will.
In the Probate Court, Champaign County, Ohio.
Samuel T. McMorran, Deceased.
To the Honorable the Judge of said Court:
And now comes Susan B. McMorran and produces
for admission to Probate in said Court, the Last Will
and Testament of Samuel T. McMorran, late a resi-
=dent of the St. Paris, in said County, who died on the
5 day of April. A D. 1888.
Said Testator died leaving Susan B. McMorran
his widow and the following persons, all of his next of
kin.
Name Degree of Kinship P.O.Address.
Isaac N. McMorran. Son. St. Paris. O.
The State of Ohio. Champaign County,ss.
The above named Susan B. McMorran having first
duly sworn, says the statements of the foregoing
application,
are true as she very believe.
S.B. McMorran.
Sworn to before me and subscribed in my presence
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 267)
Description
[page 267]
[corresponds to page 201 of Delaware County Will Records
Vol. 8 1887-1890]
201
Samuel T McMorran's Will
this 10th day of April. A.D. 1888.
D.W. Todd.
Probate Judge.
Be, it Remembered, That on this, the 10th day of
April. A.D. 1888, an instrument of writing pur=
=porting to be the last Will and Testament of Samu=
=el T. McMorran, late of St Paris, Champaign Coun=
=ty, Ohio, deceased, was produced in open Court for
Probate, and it is now ordered that the said Will
be filed in this Court, and that due notice thereof and
of the application to admit the same to Probate and Record
be given to Susan B. McMorran, widow and Isaac
N. McMorran, next of kin of the Testator, resident
of the State of Ohio three days prior thereto that
said application will be for hearing before this Court
on the 17th day of April A.D. 1888, at 10 o'clock
A.M.
Subpoena.
The State of Ohio } To Edward Fry and Lambert Pond.
Champaign County , }
You are hereby required to attend be=
=fore the Probate Court, within and for said County,
held at the Court House, in Urbana, of said County,
on the 17th day of April. A.D.1888, at 10 o'clock A.M.,
to testify all and singular, such matters and things
which you may know as to the execution of the last
Will and Testament of Samuel T. McMorran, deceased.
Witness my hand and official seal, this 10th day
of April. A.D. 1888.
D.W. Todd.
{Seal} Probate Judge
Notice to Heirs.
The State of Ohio }ss In the Probate Court.
Champaign County. }
In the Matter of the last Will and
Testament of Samuel T. McMorran, decd
To J.Q. Baker.
You are hereby
commanded to notify Susan B. McMorran & Isaac
N. McMorran giving at least three days notice, that
[corresponds to page 201 of Delaware County Will Records
Vol. 8 1887-1890]
201
Samuel T McMorran's Will
this 10th day of April. A.D. 1888.
D.W. Todd.
Probate Judge.
Be, it Remembered, That on this, the 10th day of
April. A.D. 1888, an instrument of writing pur=
=porting to be the last Will and Testament of Samu=
=el T. McMorran, late of St Paris, Champaign Coun=
=ty, Ohio, deceased, was produced in open Court for
Probate, and it is now ordered that the said Will
be filed in this Court, and that due notice thereof and
of the application to admit the same to Probate and Record
be given to Susan B. McMorran, widow and Isaac
N. McMorran, next of kin of the Testator, resident
of the State of Ohio three days prior thereto that
said application will be for hearing before this Court
on the 17th day of April A.D. 1888, at 10 o'clock
A.M.
Subpoena.
The State of Ohio } To Edward Fry and Lambert Pond.
Champaign County , }
You are hereby required to attend be=
=fore the Probate Court, within and for said County,
held at the Court House, in Urbana, of said County,
on the 17th day of April. A.D.1888, at 10 o'clock A.M.,
to testify all and singular, such matters and things
which you may know as to the execution of the last
Will and Testament of Samuel T. McMorran, deceased.
Witness my hand and official seal, this 10th day
of April. A.D. 1888.
D.W. Todd.
{Seal} Probate Judge
Notice to Heirs.
The State of Ohio }ss In the Probate Court.
Champaign County. }
In the Matter of the last Will and
Testament of Samuel T. McMorran, decd
To J.Q. Baker.
You are hereby
commanded to notify Susan B. McMorran & Isaac
N. McMorran giving at least three days notice, that
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 268)
Description
[page 268]
[corresponds to page 202 of Delaware County Will Records
Vol. 8 1887-1890]
202
Samuel T. McMorran's Will
on the 10th day of April A.D. 1888. an instrument of writ=
=ing, purporting to be the last will and Testament of
Samuel T. McMorran, late of St. Paris Township, in
said County, deceased, was produced in open Court,
and an application to admit the same to probate, was
on the same day made in said Court. Said applica=
=tion will be for hearing before this Court, on the 17th
day of April. A.D. 1888, at 10 o'clock A.M.,
You will make return of this notice on or before the
14th day of April. A.D. 1888.
Witness my hand and official
seal this 10 day of April A.D. 1888.
D.W.Todd.
{Seal} Probate Judge.
Return.
The State of Ohio. }
}
Champaign County,ss. } J.Q. Baker being duly sworn,
says that on the 11th day of
April. A.D. 1888, he served the within notice, by de=
=livering a true copy thereof to the within named
Susan B. McMorran and Isaac N. McMorran.
J.Q. Baker.
Subscribed in my presence and sworn to before me this
11" day of April A.D. 1888.
J.P. Northcutt.
Notary Public
We the undersigned person within named hereby ac=
=knowledge service of the within notice, this 11" day of
April. A.D. 1888.
S.B. McMorran
I.N. McMorran.
Be it Remembered, That, heretofore to-wit: on the
10" day of April A.D. 1888, an instrument of writing,
purporting to be the last Will and Testament of S. T.
McMorran, late of St. Paris, Champaign County,
Ohio, deceased, was produced in open Court and offered for
probate and was then filed. And it now being shown to
the satisfaction of the Court, that due notice of the filing
of said Will and of the application to admit the same
to probate and record in this Court, has been given to the
next of kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court: Thereupon,
on this day came Edward Fry and Lambert Pond the
[corresponds to page 202 of Delaware County Will Records
Vol. 8 1887-1890]
202
Samuel T. McMorran's Will
on the 10th day of April A.D. 1888. an instrument of writ=
=ing, purporting to be the last will and Testament of
Samuel T. McMorran, late of St. Paris Township, in
said County, deceased, was produced in open Court,
and an application to admit the same to probate, was
on the same day made in said Court. Said applica=
=tion will be for hearing before this Court, on the 17th
day of April. A.D. 1888, at 10 o'clock A.M.,
You will make return of this notice on or before the
14th day of April. A.D. 1888.
Witness my hand and official
seal this 10 day of April A.D. 1888.
D.W.Todd.
{Seal} Probate Judge.
Return.
The State of Ohio. }
}
Champaign County,ss. } J.Q. Baker being duly sworn,
says that on the 11th day of
April. A.D. 1888, he served the within notice, by de=
=livering a true copy thereof to the within named
Susan B. McMorran and Isaac N. McMorran.
J.Q. Baker.
Subscribed in my presence and sworn to before me this
11" day of April A.D. 1888.
J.P. Northcutt.
Notary Public
We the undersigned person within named hereby ac=
=knowledge service of the within notice, this 11" day of
April. A.D. 1888.
S.B. McMorran
I.N. McMorran.
Be it Remembered, That, heretofore to-wit: on the
10" day of April A.D. 1888, an instrument of writing,
purporting to be the last Will and Testament of S. T.
McMorran, late of St. Paris, Champaign County,
Ohio, deceased, was produced in open Court and offered for
probate and was then filed. And it now being shown to
the satisfaction of the Court, that due notice of the filing
of said Will and of the application to admit the same
to probate and record in this Court, has been given to the
next of kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court: Thereupon,
on this day came Edward Fry and Lambert Pond the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 269)
Description
[page 269]
[corresponds to page 203 of Delaware County Will Records
Vol. 8 1887-1890]
203
Samuel T. McMorran's Will.
subscribing witnesses to said Will, who being duly
qualified, testified to the due execution and attesta=
=tion of said Will, which testimony was reduced to
writing by them respectively subscribed and filed with
said Will. Whereupon the Court finds that the
aforesaid instrument of writing is the last Will and
Testament of said S.T. McMorran deceased, that the
same was duly executed and attested; and that the
said Testator, at the time of signing the same, was
of lawful age, of sound and disposing mind and memory,
and under no undue or unlawful restraint whatsoever,
It is therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same,
together with the testimony of the witnesses above named,
be entered of record in this Court.
In the name of the Benevolent Father of All,
I, S. T. McMorran of Saint Paris,
County of Champaign and State of Ohio do make and
publish this my Last Will and Testament.
Item 1st I give and devise to my beloved wife Susan B. McMor=
=ran all my right title and interest in and to the
Homestead which we now occupy being two lots
and the buildings & appertenances thereto belonging
situate on the N.W. corner of Main and Church St.,
valued at Fifteen Hundred Dollars, which amount,
shall be deducted from any interest accruing to her,
in my estate under the Laws of the State.
I also give to her and hereby vest in her the absolute
title to and in all the Household and Kitchen furni=
=ture of every description, provided for the convenience and
sustenance of the family.
Item 2nd I give and bequeath to my niece Mrs. Barbara Eliz=
=abeth Jones, the sum of Sixty Dollars annually pay=
=able to her in quarterly payments of Fifteen Dollars,
during her natural life.
Item 3rd I give and bequeath to my son Isaac Newton
McMorran, his wife and their child or children a
good home, substantial support and clothing, during
the natural life of the said Isaac Newton and
his wife, provided she remains his widow so long but
this Legacy shall terminate and cease if she inter=
=marries. This home, support and clothing shall be
furnished these Legatees by my Executors hereafter
named in such manner as they shall deem most
[corresponds to page 203 of Delaware County Will Records
Vol. 8 1887-1890]
203
Samuel T. McMorran's Will.
subscribing witnesses to said Will, who being duly
qualified, testified to the due execution and attesta=
=tion of said Will, which testimony was reduced to
writing by them respectively subscribed and filed with
said Will. Whereupon the Court finds that the
aforesaid instrument of writing is the last Will and
Testament of said S.T. McMorran deceased, that the
same was duly executed and attested; and that the
said Testator, at the time of signing the same, was
of lawful age, of sound and disposing mind and memory,
and under no undue or unlawful restraint whatsoever,
It is therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same,
together with the testimony of the witnesses above named,
be entered of record in this Court.
In the name of the Benevolent Father of All,
I, S. T. McMorran of Saint Paris,
County of Champaign and State of Ohio do make and
publish this my Last Will and Testament.
Item 1st I give and devise to my beloved wife Susan B. McMor=
=ran all my right title and interest in and to the
Homestead which we now occupy being two lots
and the buildings & appertenances thereto belonging
situate on the N.W. corner of Main and Church St.,
valued at Fifteen Hundred Dollars, which amount,
shall be deducted from any interest accruing to her,
in my estate under the Laws of the State.
I also give to her and hereby vest in her the absolute
title to and in all the Household and Kitchen furni=
=ture of every description, provided for the convenience and
sustenance of the family.
Item 2nd I give and bequeath to my niece Mrs. Barbara Eliz=
=abeth Jones, the sum of Sixty Dollars annually pay=
=able to her in quarterly payments of Fifteen Dollars,
during her natural life.
Item 3rd I give and bequeath to my son Isaac Newton
McMorran, his wife and their child or children a
good home, substantial support and clothing, during
the natural life of the said Isaac Newton and
his wife, provided she remains his widow so long but
this Legacy shall terminate and cease if she inter=
=marries. This home, support and clothing shall be
furnished these Legatees by my Executors hereafter
named in such manner as they shall deem most
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 270)
Description
[page 270]
[corresponds to page 204 of Delaware County Will Records
Vol. 8 1887-1890]
204
Samuel T. McMorran's Will.
advisable.
If the habits and conduct of the said Isaac Newton be
such as to justify, and the Court having jurisdiction
thereof approve my Executors may pay to him this be=
=quest in more liberal proportions, not however to exceed
One Thousand Dollars in any one year.
Any remaining portion of my estate not thus con=
=sumed at the death of said Isaac Newton McMorran
and his wife, I give and bequeath to his children if
living, if none of his children be living at the termin=
=ation of this bequest I do give and bequeath such
portion of my estate last named to "The Evergreen
Cemetery Association.
Item 4 All personal property remaining at my death ex=
=cept my safe, books and office furniture, not otherwise
shall be appraised and sold and the proceeds there=
=of accounted for as other portions of my estate.
Item 5 My Executors shall have full control of all my real
estate, not otherwise devised, keep the same in good and
sufficient repair, rent to the best advantage collect the
rents therefor, pay the taxes, keep sufficiently insured
to provide against loss by fire or otherwise, and manage
the estate commited to them, in all things to the best
interest of the estate.
If at any time they deem it best for the estate
to sell any part of parcel of the same, they shall sell
at private sale or otherwise any part thereof and con=
=vey the title thereto by a good and sufficient deed,
without the intervention of the Court and for so doing
this shall be their sufficient warrant. My executors and
son Isaac Newton shall have joint use and possession
of my law office, safe, books and office furniture of
every kind. Provided my Executors may sell at
private sale or otherwise without appraisement any
books, fixtures or office not needed for this use.
Item 6th All balance of my estate not needed for immediate
use shall be invested in National, State or County
Bonds or First Mortgage Notes at interest not to
exceed the Legal rate at the time invested.
Item 7th Having sold a piece of property in Delaware Ohio
to a Miss Avery for $1,700 cash to be consumated
when the Title shall be quieted , I desire this
contract completed and title to pass as agreed. For
this purpose I request my wife to sign with my
Executors and to take her dower in same in money
or other property here
[corresponds to page 204 of Delaware County Will Records
Vol. 8 1887-1890]
204
Samuel T. McMorran's Will.
advisable.
If the habits and conduct of the said Isaac Newton be
such as to justify, and the Court having jurisdiction
thereof approve my Executors may pay to him this be=
=quest in more liberal proportions, not however to exceed
One Thousand Dollars in any one year.
Any remaining portion of my estate not thus con=
=sumed at the death of said Isaac Newton McMorran
and his wife, I give and bequeath to his children if
living, if none of his children be living at the termin=
=ation of this bequest I do give and bequeath such
portion of my estate last named to "The Evergreen
Cemetery Association.
Item 4 All personal property remaining at my death ex=
=cept my safe, books and office furniture, not otherwise
shall be appraised and sold and the proceeds there=
=of accounted for as other portions of my estate.
Item 5 My Executors shall have full control of all my real
estate, not otherwise devised, keep the same in good and
sufficient repair, rent to the best advantage collect the
rents therefor, pay the taxes, keep sufficiently insured
to provide against loss by fire or otherwise, and manage
the estate commited to them, in all things to the best
interest of the estate.
If at any time they deem it best for the estate
to sell any part of parcel of the same, they shall sell
at private sale or otherwise any part thereof and con=
=vey the title thereto by a good and sufficient deed,
without the intervention of the Court and for so doing
this shall be their sufficient warrant. My executors and
son Isaac Newton shall have joint use and possession
of my law office, safe, books and office furniture of
every kind. Provided my Executors may sell at
private sale or otherwise without appraisement any
books, fixtures or office not needed for this use.
Item 6th All balance of my estate not needed for immediate
use shall be invested in National, State or County
Bonds or First Mortgage Notes at interest not to
exceed the Legal rate at the time invested.
Item 7th Having sold a piece of property in Delaware Ohio
to a Miss Avery for $1,700 cash to be consumated
when the Title shall be quieted , I desire this
contract completed and title to pass as agreed. For
this purpose I request my wife to sign with my
Executors and to take her dower in same in money
or other property here
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 271)
Description
[page 271]
[corresponds to page 205 of Delaware County Will Records
Vol. 8 1887-1890]
205
Samuel T. McMorran's Will
Item 8th Holding Notes and Mortgage from Fants on
Lot " 18 sq $150 and have agreed to accept their ser=
=vices as Janitor for the Office for six years in
payment thereof part of which service they have al=
=ready performed. Now if they express a willing=
=ness to complete the contract and my Executors
do not wish to continue their services further I
direct my Executors to cancel mortgage and notes
and deliver them to said Fant.
Item 9th I do hereby nominate and appoint David McMorran
and Wm H. Jones Jr. Executors of this my last
Will and Testament, hereby authorizing and em=
=powering 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 of other=
=wise as they may think proper all or any part of
my real estate, to execute to purchasers deeds, ac=
=knowledge and deliver in fee simple.
I do hereby revoke all former Wills by me
made.
In Testimony hereof I have hereunto set my
hand and seal this 23d day of Feby. 1888.
S.T. McMorran - Seal -
Signed and acknowledged by said S.T. McMorran
as his last Will and Testament in our presence
and signed by us in his presence the day and year
last above written.
Edward Fry
Post Office Lambert Pond.
St. Paris. O.
Proof of Will.
The State of Ohio. } In the Probate Court.
}
Champaign County. }
Personally appeared in open Court
Edward Fry and Lambert Pond the subscribing wit=
=nesses to the last Will and Testament of S.T.
McMorran, late of St. Paris, in said Champaign
County, deceased, who being duly sworn according
to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of
said Will, depose and say: That the paper before
[corresponds to page 205 of Delaware County Will Records
Vol. 8 1887-1890]
205
Samuel T. McMorran's Will
Item 8th Holding Notes and Mortgage from Fants on
Lot " 18 sq $150 and have agreed to accept their ser=
=vices as Janitor for the Office for six years in
payment thereof part of which service they have al=
=ready performed. Now if they express a willing=
=ness to complete the contract and my Executors
do not wish to continue their services further I
direct my Executors to cancel mortgage and notes
and deliver them to said Fant.
Item 9th I do hereby nominate and appoint David McMorran
and Wm H. Jones Jr. Executors of this my last
Will and Testament, hereby authorizing and em=
=powering 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 of other=
=wise as they may think proper all or any part of
my real estate, to execute to purchasers deeds, ac=
=knowledge and deliver in fee simple.
I do hereby revoke all former Wills by me
made.
In Testimony hereof I have hereunto set my
hand and seal this 23d day of Feby. 1888.
S.T. McMorran - Seal -
Signed and acknowledged by said S.T. McMorran
as his last Will and Testament in our presence
and signed by us in his presence the day and year
last above written.
Edward Fry
Post Office Lambert Pond.
St. Paris. O.
Proof of Will.
The State of Ohio. } In the Probate Court.
}
Champaign County. }
Personally appeared in open Court
Edward Fry and Lambert Pond the subscribing wit=
=nesses to the last Will and Testament of S.T.
McMorran, late of St. Paris, in said Champaign
County, deceased, who being duly sworn according
to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of
said Will, depose and say: That the paper before
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 272)
Description
[page 272]
[corresponds to page 206 of Delaware County Will Records
Vol. 8 1887-1890]
206
Samuel T. McMorran's Will
them bearing date, the 23d day of February. A.D. 1888,
purporting to be the last Will and Testament of S.T.
McMorran, now deceased, is the Will of said deceased,
that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his pres=
=ence; that they saw the said S.T. McMorran, de=
=ceased, sign and seal said Will, and heard him ac=
=knowledge the same to be his last Will and Testa=
=ment, and that the said S.T. McMorran, at the
time of making, signing and sealing said Will,
was of lawful age, of sound and disposing mind and
memory, and under no unlawful restraint whatsoever.
Edward Fry
Lambert Pond.
Sworn to and subscribed by said witnesses, in open
Court, this 17" day of April. A.D. 1888.
D.W. Todd.
{Seal} Probate Judge
Certificate to Copies.
The State of Ohio } ss.
}
Champaign County. } I, D.W. Todd, Judge and Ex. offi=
cio Clerk of the Probate Court
within and for said County, said Court being a Court
of Record having a Seal, do hereby certify that the
foregoing is a full and correct copy of Last Will &
Testament, of S.T. McMorran, deceased, together with
the Probate Thereof as of Record F. Page 348. Will
Records, of this Court.
I further certify, that by the Laws of the State of
Ohio, I am Ex-officio Clerk of said Court, having
sole custody of the Records, Archives and Seal of
said Court; that I have been duly commissioned and
qualified as Judge of said Court, and that this at=
=testation is in due form of law.
In Testimony Whereof, I
have hereunto set my hand and affixed the Seal of
said Court at Urbana, Ohio, this 18 day of June,
A,D, 1888.
D.W. Todd
{Seal} Probate Judge
By L. H. Todd,
Deputy Clerk.
[corresponds to page 206 of Delaware County Will Records
Vol. 8 1887-1890]
206
Samuel T. McMorran's Will
them bearing date, the 23d day of February. A.D. 1888,
purporting to be the last Will and Testament of S.T.
McMorran, now deceased, is the Will of said deceased,
that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his pres=
=ence; that they saw the said S.T. McMorran, de=
=ceased, sign and seal said Will, and heard him ac=
=knowledge the same to be his last Will and Testa=
=ment, and that the said S.T. McMorran, at the
time of making, signing and sealing said Will,
was of lawful age, of sound and disposing mind and
memory, and under no unlawful restraint whatsoever.
Edward Fry
Lambert Pond.
Sworn to and subscribed by said witnesses, in open
Court, this 17" day of April. A.D. 1888.
D.W. Todd.
{Seal} Probate Judge
Certificate to Copies.
The State of Ohio } ss.
}
Champaign County. } I, D.W. Todd, Judge and Ex. offi=
cio Clerk of the Probate Court
within and for said County, said Court being a Court
of Record having a Seal, do hereby certify that the
foregoing is a full and correct copy of Last Will &
Testament, of S.T. McMorran, deceased, together with
the Probate Thereof as of Record F. Page 348. Will
Records, of this Court.
I further certify, that by the Laws of the State of
Ohio, I am Ex-officio Clerk of said Court, having
sole custody of the Records, Archives and Seal of
said Court; that I have been duly commissioned and
qualified as Judge of said Court, and that this at=
=testation is in due form of law.
In Testimony Whereof, I
have hereunto set my hand and affixed the Seal of
said Court at Urbana, Ohio, this 18 day of June,
A,D, 1888.
D.W. Todd
{Seal} Probate Judge
By L. H. Todd,
Deputy Clerk.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 273)
Description
[page 273]
[corresponds to page 207 of Delaware County Will Records
Vol. 8 1887-1890]
207
Peter Wollam's Will.
Journal Entry.
June 20" 1888.
In the Matter of the Will }
of Peter Wollam, decd }
This day, an instrument of
writing, purporting to be the last Will and Testament of
Peter Wollam, late of Concord Township, in this County,
deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof, and of
the application to admit the same to probate and record, be
given to Elizabeth Wollam his widow, and Israel Wol=
=lam - Benjamin Wollam - Henry Wollam - George Wol=
=lam - James Wollam- Alfred Wollam and Ra=
=chel Shaver, heirs and next of kin of the Testator, resi=
=dent of the State of Ohio that said application will be
for hearing before this Court on the 29" day of June. A.D.
1888 at 1 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss. }
In the Matter of the last Will and
Testament of Peter Wollam, deceased.
To Elizabeth Wollam. Israel Wol=
=lam - Benjamin Wollam. Henry Wollam- George Wol=
=lam- James Wollam - Alfred Wollam and Rachel
Shaver.
You are hereby notified that on the 20" day of June
A.D. 1888, an instrument of writing, purporting to be the
last Will and Testament of Peter Wollam, late of Con=
=cord Township, in said County, deceased, was produced in
open Court, and an application to admit the same to probate
was on the same day made in said Court. Said appli=
=cation will be forbearing before this Court on the 29" day
of June A.D. 1888, at 1 o'clock, P.M.
N.F. Overturf
Probate Judge.
Dated at Delaware Ohio, this 20" day of June. A.D.
1888.
Return.
The State of Ohio }
Delaware County.ss. } I, B. Wells being duly sworn, says
that on the 20" day of June. A,D,
1888, he served the within notice by delivering a true copy
[corresponds to page 207 of Delaware County Will Records
Vol. 8 1887-1890]
207
Peter Wollam's Will.
Journal Entry.
June 20" 1888.
In the Matter of the Will }
of Peter Wollam, decd }
This day, an instrument of
writing, purporting to be the last Will and Testament of
Peter Wollam, late of Concord Township, in this County,
deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof, and of
the application to admit the same to probate and record, be
given to Elizabeth Wollam his widow, and Israel Wol=
=lam - Benjamin Wollam - Henry Wollam - George Wol=
=lam - James Wollam- Alfred Wollam and Ra=
=chel Shaver, heirs and next of kin of the Testator, resi=
=dent of the State of Ohio that said application will be
for hearing before this Court on the 29" day of June. A.D.
1888 at 1 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss. }
In the Matter of the last Will and
Testament of Peter Wollam, deceased.
To Elizabeth Wollam. Israel Wol=
=lam - Benjamin Wollam. Henry Wollam- George Wol=
=lam- James Wollam - Alfred Wollam and Rachel
Shaver.
You are hereby notified that on the 20" day of June
A.D. 1888, an instrument of writing, purporting to be the
last Will and Testament of Peter Wollam, late of Con=
=cord Township, in said County, deceased, was produced in
open Court, and an application to admit the same to probate
was on the same day made in said Court. Said appli=
=cation will be forbearing before this Court on the 29" day
of June A.D. 1888, at 1 o'clock, P.M.
N.F. Overturf
Probate Judge.
Dated at Delaware Ohio, this 20" day of June. A.D.
1888.
Return.
The State of Ohio }
Delaware County.ss. } I, B. Wells being duly sworn, says
that on the 20" day of June. A,D,
1888, he served the within notice by delivering a true copy
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 274)
Description
[page 274]
[corresponds to page 208 of Delaware County Will Records Vol. 8
1887-1890]
208
Peter Wollam's Will.
thereof to the within named Elizabeth Wollam. Israel
Wollam- Benjamin Wollam - Henry Wollam - George
Wollam - James Wollam - Alfred Wollam - Rachel
Shaver.
J.B. Wells.
Subscribed in my presence and sworn to before me this
29" day of June, 1888.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } In Probate Court.
}
Delaware County.ss }
Personally appeared in open Court
Robt. McCrory and J. B. Wells the subscribing wit=
nesses to the last Will and Testament of Peter Wollam
late of Concord Township in said Delaware County, de:
=ceased; who being duly sworn according to law, to speak
the truth, the whole truth, and nothing but the truth,
in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 8th day
of March A.D. 1884, purporting to be the last Will and
Testament of Peter Wollam now deceased, is the Will
of said deceased Peter Wollam, that they were present
at the execution of said Will, and at the request of
the Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw the
said Peter Wollam deceased, sign and seal said Will
and heard him acknowledge the same to be his last Will
and Testament, and that the said Peter Wollam at the
time of making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under any
restraint.
Robt. McCrory
J.B. Wells
Sworn to and subscribed by said Witnesses, in open
Court, this 29" day of June. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
June 29" 1888.
In the Matter of the Will }
of Peter Wollam, decd } Be it remembered, that hereto=
=fore, to-wit: on the 20" day of
June. A.D. 1888, an instrument of writing, purporting
to be the last Will and Testament of Peter Wollam,
[corresponds to page 208 of Delaware County Will Records Vol. 8
1887-1890]
208
Peter Wollam's Will.
thereof to the within named Elizabeth Wollam. Israel
Wollam- Benjamin Wollam - Henry Wollam - George
Wollam - James Wollam - Alfred Wollam - Rachel
Shaver.
J.B. Wells.
Subscribed in my presence and sworn to before me this
29" day of June, 1888.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will.
The State of Ohio } In Probate Court.
}
Delaware County.ss }
Personally appeared in open Court
Robt. McCrory and J. B. Wells the subscribing wit=
nesses to the last Will and Testament of Peter Wollam
late of Concord Township in said Delaware County, de:
=ceased; who being duly sworn according to law, to speak
the truth, the whole truth, and nothing but the truth,
in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 8th day
of March A.D. 1884, purporting to be the last Will and
Testament of Peter Wollam now deceased, is the Will
of said deceased Peter Wollam, that they were present
at the execution of said Will, and at the request of
the Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw the
said Peter Wollam deceased, sign and seal said Will
and heard him acknowledge the same to be his last Will
and Testament, and that the said Peter Wollam at the
time of making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under any
restraint.
Robt. McCrory
J.B. Wells
Sworn to and subscribed by said Witnesses, in open
Court, this 29" day of June. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
June 29" 1888.
In the Matter of the Will }
of Peter Wollam, decd } Be it remembered, that hereto=
=fore, to-wit: on the 20" day of
June. A.D. 1888, an instrument of writing, purporting
to be the last Will and Testament of Peter Wollam,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 275)
Description
[page 275]
[corresponds to page 209 of Delaware County Will Records Vol. 8
1887-1890]
209
Peter Wollam's Will
late of Concord Township, in this County, deceased, was
produced in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the
application to admit the same to probate and record in
this Court, has been given to Elizabeth Wollam his
widow, and Israel Wollam- Benjamin Wollam - Henry
Wollam - George Wollam- James Wollam - Alfred
Wollam and Rachel Shaver heirs and next of kin of the
Testator, resident of the State of Ohio, pursuant to a
former order of this Court; therefore, on this day came
Robt. McCrory and J.B. Wells, the subscribing
witnesses to said Will, who being duly sworn, testi=
=fied to the due execution and attestation of said Will,
Which testimony was reduced to writing, by them
respectively subscribed, and filed with said Will, whereup=
=on the Court finds that the aforresaid instrument of
writing is the last Will and Testament of said Peter
Wollam, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any re=
=straint. It is, therefore, by the Court ordered, that the
said Will be admitted to probate, and that the same, to=
=gether with the testimony of the witnesses above named
as well as the proceedings had thereon, be entered of record
in this Court .
N. F. Overturf
Probate Judge.
Copy of Will.
In the Name of The Benevolent Father
of All,
I Peter Wollam of the County of Delaware and
State of Ohio do make and publish this my last Will
and Testament.
Item 1 I give and devise to my beloved wife, in lieu of her
dower,
the farm on which I now reside. Situate in the Coun=
=ty and Delaware, Township of Concord and State of Ohio,
containing about one hundred and one acres of land, during
her natural life: and all the Stock, hous.hold goods,
furniture, provisions, and other goods and chattels which
may be thereon, at the time of my decease, I give and
bequeath to her absolutely:
At the death of my said wife, the real estate aforesaid,
I give and devise to my Son, to-wit: Israel Wollam,
[corresponds to page 209 of Delaware County Will Records Vol. 8
1887-1890]
209
Peter Wollam's Will
late of Concord Township, in this County, deceased, was
produced in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the
application to admit the same to probate and record in
this Court, has been given to Elizabeth Wollam his
widow, and Israel Wollam- Benjamin Wollam - Henry
Wollam - George Wollam- James Wollam - Alfred
Wollam and Rachel Shaver heirs and next of kin of the
Testator, resident of the State of Ohio, pursuant to a
former order of this Court; therefore, on this day came
Robt. McCrory and J.B. Wells, the subscribing
witnesses to said Will, who being duly sworn, testi=
=fied to the due execution and attestation of said Will,
Which testimony was reduced to writing, by them
respectively subscribed, and filed with said Will, whereup=
=on the Court finds that the aforresaid instrument of
writing is the last Will and Testament of said Peter
Wollam, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any re=
=straint. It is, therefore, by the Court ordered, that the
said Will be admitted to probate, and that the same, to=
=gether with the testimony of the witnesses above named
as well as the proceedings had thereon, be entered of record
in this Court .
N. F. Overturf
Probate Judge.
Copy of Will.
In the Name of The Benevolent Father
of All,
I Peter Wollam of the County of Delaware and
State of Ohio do make and publish this my last Will
and Testament.
Item 1 I give and devise to my beloved wife, in lieu of her
dower,
the farm on which I now reside. Situate in the Coun=
=ty and Delaware, Township of Concord and State of Ohio,
containing about one hundred and one acres of land, during
her natural life: and all the Stock, hous.hold goods,
furniture, provisions, and other goods and chattels which
may be thereon, at the time of my decease, I give and
bequeath to her absolutely:
At the death of my said wife, the real estate aforesaid,
I give and devise to my Son, to-wit: Israel Wollam,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 276)
Description
[page 276]
[corresponds to page 210 of Delaware County Will Records Vol. 8
1887-1890]
210
Peter Wollam's Will
Benjamin Wollam - Henry Wollam - George Wollam -
James Wollam, and Alfred Wollam, and my daughters
as follows, to-wit: Rachel Shaver, and her heirs,
Katy Ann Kaylor, to her and her heirs, to be equal=
=ly dived between them.
If, however, either of my children should die before
the decease of my wife, leaving no children living, at the
decease of my said wife then the share of property above
devised to such deceased child, is hereby devised and be=
=queathed to the other children equally, and their heirs.
Item 2d It is my bequest that no bills shall ever be brot for
board nor any board charged to Israel Wollam - Alfred Wol=
=lam - Benjamin Wollam and Amanda Beard, during the
life of my said wife.
Item 3d I devise also that Alfred Wollam farm the place and
keep and provide for mother (to farm as he-thinks best.)
Item 4th I devise that the beds and bed clothing be divided equally
among the children at the death of my said wife.
Item 5th I do hereby nominate and appoint George Wollam and
Alfred Wollam Executors of this my last Will and Tes=
=tament, hereby authorizing and empowering them to com=
=promise, adjust release and discharge in such manner
as they may deem proper the debts and claims due me.
I also authorize and empower them if it shall become
necessary in order to pay my debts to sell by private
sale, or in such manner, upon such terms of credit, or
otherwise as they may think proper, all or any part of
my real estate, and deeds to purchasers to execute, ac=
knowledge and deliver in fee simple.
I desire that no appraisement and no sale of my person=
=al property be made, and that the Court of probate direct
the omission of the same in pursuance of the Statute -
Item 6th I further devise and direct that any of the aforesaid parties
objecting or squealing shall have nothing.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this 8th day of March. in the year 1884.
his
Peter X Wollam {seal}
mark
Signed and acknowledged by Peter Wollam as his last
Will and Testament, in our presence; and signed by us
in his presence.
Robt McCrory
J.B. Wells
[corresponds to page 210 of Delaware County Will Records Vol. 8
1887-1890]
210
Peter Wollam's Will
Benjamin Wollam - Henry Wollam - George Wollam -
James Wollam, and Alfred Wollam, and my daughters
as follows, to-wit: Rachel Shaver, and her heirs,
Katy Ann Kaylor, to her and her heirs, to be equal=
=ly dived between them.
If, however, either of my children should die before
the decease of my wife, leaving no children living, at the
decease of my said wife then the share of property above
devised to such deceased child, is hereby devised and be=
=queathed to the other children equally, and their heirs.
Item 2d It is my bequest that no bills shall ever be brot for
board nor any board charged to Israel Wollam - Alfred Wol=
=lam - Benjamin Wollam and Amanda Beard, during the
life of my said wife.
Item 3d I devise also that Alfred Wollam farm the place and
keep and provide for mother (to farm as he-thinks best.)
Item 4th I devise that the beds and bed clothing be divided equally
among the children at the death of my said wife.
Item 5th I do hereby nominate and appoint George Wollam and
Alfred Wollam Executors of this my last Will and Tes=
=tament, hereby authorizing and empowering them to com=
=promise, adjust release and discharge in such manner
as they may deem proper the debts and claims due me.
I also authorize and empower them if it shall become
necessary in order to pay my debts to sell by private
sale, or in such manner, upon such terms of credit, or
otherwise as they may think proper, all or any part of
my real estate, and deeds to purchasers to execute, ac=
knowledge and deliver in fee simple.
I desire that no appraisement and no sale of my person=
=al property be made, and that the Court of probate direct
the omission of the same in pursuance of the Statute -
Item 6th I further devise and direct that any of the aforesaid parties
objecting or squealing shall have nothing.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this 8th day of March. in the year 1884.
his
Peter X Wollam {seal}
mark
Signed and acknowledged by Peter Wollam as his last
Will and Testament, in our presence; and signed by us
in his presence.
Robt McCrory
J.B. Wells
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 277)
Description
[page 277]
[corresponds to page 211 of Delaware County Will Records Vol. 8
1887-1890]
211
Ann Robert's Will
Journal Entry.
June 20th 1888.
In the Matter of the Will }
of Ann Roberts, deceased }
This day, an instrument of
writing, purporting to be the last Will and Testament
of Ann Roberts, late of Radnor Township, in this
County, deceased, was produced in open Court for
Probate; On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due
notice thereof, and of the application to admit the same
to probate and record, be given to Milo Fleming -
David Lawrence and Margaret Jones - next
of kin of the Testatrix, resident of the State of Ohio,
that said application will be for hearing before this
Court on the 2d day of July A.D. 1888 at 10 o'clock
A.M., (Wirt Lawrence nephew of said Testatrix hav=
=ing waived notice and consented to the probate of said
Will).
N.F. Overturf
Probate Judge
Waiver.
I, the undersigned, nephew & Legatee of the within named
decedent, hereby waive further notice and consent to the probate
of said Will.
Dated this 20 day of June.A.D. 1888.
Wirt Lawrence.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss.}
In the Matter of the last Will and
Testament of Ann Roberts, deceased.
To Milo Fleming - David Law=
=rence and Margaret Jones:
You are hereby notified that on the
20th day of June A D 1888 an instrument of writing, pur-
=porting to be the last Will and Testament of Ann Roberts
late of Radnor Township, in said County, deceased, was pro=
=duced in open Court, and an application to admit the same
to probate was on the same day made in said Court. Said
application will be for hearing before this Court on the 2nd
day of July A.D. 1888 at 10 o'clock A.M.
N. F. Overturf
Probate Judge.
Dated at Delaware Ohio, this 30 day of June. A.D.
1888
[corresponds to page 211 of Delaware County Will Records Vol. 8
1887-1890]
211
Ann Robert's Will
Journal Entry.
June 20th 1888.
In the Matter of the Will }
of Ann Roberts, deceased }
This day, an instrument of
writing, purporting to be the last Will and Testament
of Ann Roberts, late of Radnor Township, in this
County, deceased, was produced in open Court for
Probate; On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due
notice thereof, and of the application to admit the same
to probate and record, be given to Milo Fleming -
David Lawrence and Margaret Jones - next
of kin of the Testatrix, resident of the State of Ohio,
that said application will be for hearing before this
Court on the 2d day of July A.D. 1888 at 10 o'clock
A.M., (Wirt Lawrence nephew of said Testatrix hav=
=ing waived notice and consented to the probate of said
Will).
N.F. Overturf
Probate Judge
Waiver.
I, the undersigned, nephew & Legatee of the within named
decedent, hereby waive further notice and consent to the probate
of said Will.
Dated this 20 day of June.A.D. 1888.
Wirt Lawrence.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss.}
In the Matter of the last Will and
Testament of Ann Roberts, deceased.
To Milo Fleming - David Law=
=rence and Margaret Jones:
You are hereby notified that on the
20th day of June A D 1888 an instrument of writing, pur-
=porting to be the last Will and Testament of Ann Roberts
late of Radnor Township, in said County, deceased, was pro=
=duced in open Court, and an application to admit the same
to probate was on the same day made in said Court. Said
application will be for hearing before this Court on the 2nd
day of July A.D. 1888 at 10 o'clock A.M.
N. F. Overturf
Probate Judge.
Dated at Delaware Ohio, this 30 day of June. A.D.
1888
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 278)
Description
[page 278]
[corresponds to page 212 of Delaware County Will Records Vol. 8
1887-1890]
212
Ann Robert's Will
Return.
The State of Ohio ]
Delaware County,ss. ] Wirt Lawrence being duly sworn,
says that on the 26th, 28th & 30th days
of June. A.D. 1888, he served the within notice by deliver=
=ing a true copy thereof to the within named Milo Flem=
=ing - David Lawrence and Margaret Jones.
Wirt Lawrence
Subscribed in my presence and sworn to before me this
2nd day of July. 1888.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County ,ss.
Personally appeared in open Court
Mary E. Cone and Jno. A. Cone, the subscribing
witnesses to the last Will and Testament of Ann Rob=
erts, late of Radnor Township in said Delaware Coun=
=ty, deceased; who being duly sworn according to law, to
speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the 14"
of August. A.D. 1883. purporting to be the last
Will and Testament of Ann Roberts now deceased,
is the Will of said deceased, Ann Roberts, that they
were present at the execution of said Will, and at the
request of the Testatrix, respectively subscribed their
names to the same as witnesses, in her presence,
that they saw the said Ann Roberts, deceased, sign and
seal said Will and Testament, and that the said
Ann Roberts, at the time of making, signing and seal=
=ing said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint.
Mary E. Cone
Jno. A. Cone.
Sworn to and subscribed by said witnesses, in open Court,
this 2d day of July. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 212 of Delaware County Will Records Vol. 8
1887-1890]
212
Ann Robert's Will
Return.
The State of Ohio ]
Delaware County,ss. ] Wirt Lawrence being duly sworn,
says that on the 26th, 28th & 30th days
of June. A.D. 1888, he served the within notice by deliver=
=ing a true copy thereof to the within named Milo Flem=
=ing - David Lawrence and Margaret Jones.
Wirt Lawrence
Subscribed in my presence and sworn to before me this
2nd day of July. 1888.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County ,ss.
Personally appeared in open Court
Mary E. Cone and Jno. A. Cone, the subscribing
witnesses to the last Will and Testament of Ann Rob=
erts, late of Radnor Township in said Delaware Coun=
=ty, deceased; who being duly sworn according to law, to
speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the 14"
of August. A.D. 1883. purporting to be the last
Will and Testament of Ann Roberts now deceased,
is the Will of said deceased, Ann Roberts, that they
were present at the execution of said Will, and at the
request of the Testatrix, respectively subscribed their
names to the same as witnesses, in her presence,
that they saw the said Ann Roberts, deceased, sign and
seal said Will and Testament, and that the said
Ann Roberts, at the time of making, signing and seal=
=ing said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint.
Mary E. Cone
Jno. A. Cone.
Sworn to and subscribed by said witnesses, in open Court,
this 2d day of July. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 279)
Description
[page 279]
[corresponds to page 213 of Delaware County Will Records Vol. 8
1887-1890]
213
Ann Robert's Will
Journal Entry.
July 2nd 1888,
In the Matter of the Will of }
Ann Roberts, deceased. } Be it remembered, that here=
=tofore, to-wit: on the 20" day
of June. A.D. 1888, an instrument of writing, purporting
to be the last Will and Testament of Ann Roberts,
late of Radnor Township, in this County, deceased, was
produced in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and record
in this Court, has been given to Milo Fleming - Dav=
=id Lawrence and Margaret Jones, heirs and next of
kin of the Testatrix, resident of the State of Ohio, pur=
=suant to a former order of this Court; therefore on this
day came Mary E. Cone and Jno. A. Cone the sub=
=scribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will.
whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said
Ann Roberts, deceased. That the same was duly
executed and attested; and that the said Testatrix, at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court order-
=ed, that the said Will be admitted to probate, and
that the same, together with the testimony of the witness-
=es above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All,
I Ann
Roberts of Delaware County Ohio, being of sound and
disposing mind do make and publish the following my
last will and testament.
Item 1st I will and direct that all my just debts and funeral
expenses be paid out of my estate, and in case there
be anything of my estate left after paying such debts
and expenses I wish to have erected at my grave a
[corresponds to page 213 of Delaware County Will Records Vol. 8
1887-1890]
213
Ann Robert's Will
Journal Entry.
July 2nd 1888,
In the Matter of the Will of }
Ann Roberts, deceased. } Be it remembered, that here=
=tofore, to-wit: on the 20" day
of June. A.D. 1888, an instrument of writing, purporting
to be the last Will and Testament of Ann Roberts,
late of Radnor Township, in this County, deceased, was
produced in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and record
in this Court, has been given to Milo Fleming - Dav=
=id Lawrence and Margaret Jones, heirs and next of
kin of the Testatrix, resident of the State of Ohio, pur=
=suant to a former order of this Court; therefore on this
day came Mary E. Cone and Jno. A. Cone the sub=
=scribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will.
whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said
Ann Roberts, deceased. That the same was duly
executed and attested; and that the said Testatrix, at
the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court order-
=ed, that the said Will be admitted to probate, and
that the same, together with the testimony of the witness-
=es above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All,
I Ann
Roberts of Delaware County Ohio, being of sound and
disposing mind do make and publish the following my
last will and testament.
Item 1st I will and direct that all my just debts and funeral
expenses be paid out of my estate, and in case there
be anything of my estate left after paying such debts
and expenses I wish to have erected at my grave a
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 280)
Description
[page 280]
[corresponds to page 214 of Delaware County Will Records Vol. 8
1887-1890]
214
Ann Robert's Will.
suitable monument to be inscribed with my own and
my deceased Husbands names.
Item Second: I appoint and constitute my nephew Wirt Law:
rence, Executor of this Will and hereby empower and
authorize him to sell and convey by good and sufficient
conveyance, without obtaining any order or authority of
or from any Court, my house and lot, and apply the
proceeds thereof in payment of my said debts expenses
&c and in case there be any surplus after paying said
debts &c, I hereby will and bequeath the said surplus
to my said nephew Wirt Lawrence and also I give
and bequeath to said Wirt Lawrence all my person=
=al goods and chattels moneys and credits: and request that
none of my clothing or house-hold goods shall be sold,
but said Wirt Lawrence shall take charge of and
keep the same.
Item third: I will and direct that there be no appraisement nor
sale of my goods, and request that the Court of proper
jurisdiction order that there be no further proceedings
in said Court, in reference to this Will than to
admit the same to probate and record.
I hereby revoke all former
wills by me made.
Witness my signature this 14" day of
August 1883. her
Ann X Roberts.
mark
Signed by the said Ann Roberts in our presence
and by her declared to be her last will and testament
in our hearing, and signed by us at her request as wit=
=nesses, in her presence, and in the presence of each
other, on the day above written.
Mary E. Cone
Jno. A Cone.
[corresponds to page 214 of Delaware County Will Records Vol. 8
1887-1890]
214
Ann Robert's Will.
suitable monument to be inscribed with my own and
my deceased Husbands names.
Item Second: I appoint and constitute my nephew Wirt Law:
rence, Executor of this Will and hereby empower and
authorize him to sell and convey by good and sufficient
conveyance, without obtaining any order or authority of
or from any Court, my house and lot, and apply the
proceeds thereof in payment of my said debts expenses
&c and in case there be any surplus after paying said
debts &c, I hereby will and bequeath the said surplus
to my said nephew Wirt Lawrence and also I give
and bequeath to said Wirt Lawrence all my person=
=al goods and chattels moneys and credits: and request that
none of my clothing or house-hold goods shall be sold,
but said Wirt Lawrence shall take charge of and
keep the same.
Item third: I will and direct that there be no appraisement nor
sale of my goods, and request that the Court of proper
jurisdiction order that there be no further proceedings
in said Court, in reference to this Will than to
admit the same to probate and record.
I hereby revoke all former
wills by me made.
Witness my signature this 14" day of
August 1883. her
Ann X Roberts.
mark
Signed by the said Ann Roberts in our presence
and by her declared to be her last will and testament
in our hearing, and signed by us at her request as wit=
=nesses, in her presence, and in the presence of each
other, on the day above written.
Mary E. Cone
Jno. A Cone.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 281)
Description
[page 281]
[corresponds to page 215 of Delaware County Will Records Vol. 8
z
1887-1890]
215
Frederick Oesterle's Will.
Journal Entry
June 9th 1888.
In the Matter of the Will }
of Frederick Oesterle, decd }
This day, an instrument of
writing, purporting to be the last Will and Testament of
Frederick Oesterle, late of Delaware City, in this
County, deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the said
Will be filed in this Court, and that due notice
thereof, and of the application to admit the same to
probate and record, be given to Matilda Oesterle, wid=
=ow, Adelia B. Oesterle - Helen E. Tipton - Fred C.
Oesterle - Matilda S. Donhimer - Amelia L. Oesterle -
Clara N. Oesterle - Francis N. Oesterle - and Edward
O.L. Oesterle heirs and next of kin of the Testator,
resident of the State of Ohio that said application
will be for hearing before this Court on the 12th day
of June. A.D. 1888, at 2 o'clock P.M.
N.F. Overturf
Probate Judge.
Waiver.
We the undersigned waive the issuing of notice and con=
=sent to the probate of the Will of Frederick Oesterle,
this 12th day of June. A.D. 1888.
Matilda Oesterley, widow, &
Fredrick C. Oesterle, Son of
Frederick Oesterle.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss. }
In the matter of the last Will and
Testament of Frederick Oesterle, deceased.
To Adelia B. Oesterle - Helen E.
Tipton - Fred C. Oesterle - Matilda Donhimer - Amelia
L. Oesterly - Clara N. Oesterle - Francis N. Oesterle,
Edward O.L. Oesterle.
You are hereby notified that on the 9" day
of June. A.D. 1888, an instrument of writing, purporting
to be the last Will and Testament of Frederick Oes=
=terle, late of Delaware Township, in said County, de=
=ceased, was produced in open Court, and an application
to admit the same of probate was on the same day
made in said Court. Said application will be for hear=
=ing before this Court on the 12th day of June. A.D. 1888,
at 2 o'clock , P.M.
N.F. Overturf Probate Judge
[corresponds to page 215 of Delaware County Will Records Vol. 8
z
1887-1890]
215
Frederick Oesterle's Will.
Journal Entry
June 9th 1888.
In the Matter of the Will }
of Frederick Oesterle, decd }
This day, an instrument of
writing, purporting to be the last Will and Testament of
Frederick Oesterle, late of Delaware City, in this
County, deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the said
Will be filed in this Court, and that due notice
thereof, and of the application to admit the same to
probate and record, be given to Matilda Oesterle, wid=
=ow, Adelia B. Oesterle - Helen E. Tipton - Fred C.
Oesterle - Matilda S. Donhimer - Amelia L. Oesterle -
Clara N. Oesterle - Francis N. Oesterle - and Edward
O.L. Oesterle heirs and next of kin of the Testator,
resident of the State of Ohio that said application
will be for hearing before this Court on the 12th day
of June. A.D. 1888, at 2 o'clock P.M.
N.F. Overturf
Probate Judge.
Waiver.
We the undersigned waive the issuing of notice and con=
=sent to the probate of the Will of Frederick Oesterle,
this 12th day of June. A.D. 1888.
Matilda Oesterley, widow, &
Fredrick C. Oesterle, Son of
Frederick Oesterle.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss. }
In the matter of the last Will and
Testament of Frederick Oesterle, deceased.
To Adelia B. Oesterle - Helen E.
Tipton - Fred C. Oesterle - Matilda Donhimer - Amelia
L. Oesterly - Clara N. Oesterle - Francis N. Oesterle,
Edward O.L. Oesterle.
You are hereby notified that on the 9" day
of June. A.D. 1888, an instrument of writing, purporting
to be the last Will and Testament of Frederick Oes=
=terle, late of Delaware Township, in said County, de=
=ceased, was produced in open Court, and an application
to admit the same of probate was on the same day
made in said Court. Said application will be for hear=
=ing before this Court on the 12th day of June. A.D. 1888,
at 2 o'clock , P.M.
N.F. Overturf Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 282)
Description
[page 282]
[corresponds to page 216 of Delaware County Will Records Vol. 8
1887-1890]
216
Frederick Oesterle's Estate,
Dated at Delaware Ohio, this 9" day of June. 1888.
Return,
The State of Ohio }
Delaware County,ss } Frederick C. Oesterle being duly
sworn, says that on the 9" day of
June, A.D. 1888. he served the within notice by de=
=livering a true copy thereof to the within named
Adelia B. Oesterle - Helen E. Tipton - Matilda
Donhimer - Amelia L. Oesterle. Clara N. Oesterle
Francis N. Oesterle - Edward O.L. Oesterle.
Frederick C. Oesterle.
Subscribed in my presence and sworn to before me this
12" day of June. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
June 12 1888.
In the Matter of the Will of }
Frederick Oesterly, deceased. } Be it remembered, that
heretofore, to-wit: on the 9"
day of June. A.D. 1888, an instrument of writing, pur=
=porting to be the last Will and Testament of Frederick
Oesterle, late of Delaware City, in this County, de=
=ceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court, has been given to Matilda
Oesterle, widow, Adelia B. Oesterle - Helen E. Tipton
Fred C. Oesterle- Matilda S. Donhimer Amelia
L. Oesterle - Clara N. Oesterle. Francis N. Oesterle.
and Edward O.L. Oesterle heirs and next of kin of
the Testator, resident of the State of Ohio. pursuant
to a former order of this Court; Neither of the subscrib.
=ing witnesses to said Will appearing in Court this
cause is continued until the 13" day of June. A.D.
1888.
N.F. Overturf
Probate Judge.
[corresponds to page 216 of Delaware County Will Records Vol. 8
1887-1890]
216
Frederick Oesterle's Estate,
Dated at Delaware Ohio, this 9" day of June. 1888.
Return,
The State of Ohio }
Delaware County,ss } Frederick C. Oesterle being duly
sworn, says that on the 9" day of
June, A.D. 1888. he served the within notice by de=
=livering a true copy thereof to the within named
Adelia B. Oesterle - Helen E. Tipton - Matilda
Donhimer - Amelia L. Oesterle. Clara N. Oesterle
Francis N. Oesterle - Edward O.L. Oesterle.
Frederick C. Oesterle.
Subscribed in my presence and sworn to before me this
12" day of June. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
June 12 1888.
In the Matter of the Will of }
Frederick Oesterly, deceased. } Be it remembered, that
heretofore, to-wit: on the 9"
day of June. A.D. 1888, an instrument of writing, pur=
=porting to be the last Will and Testament of Frederick
Oesterle, late of Delaware City, in this County, de=
=ceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will,
and of the application to admit the same to probate
and record in this Court, has been given to Matilda
Oesterle, widow, Adelia B. Oesterle - Helen E. Tipton
Fred C. Oesterle- Matilda S. Donhimer Amelia
L. Oesterle - Clara N. Oesterle. Francis N. Oesterle.
and Edward O.L. Oesterle heirs and next of kin of
the Testator, resident of the State of Ohio. pursuant
to a former order of this Court; Neither of the subscrib.
=ing witnesses to said Will appearing in Court this
cause is continued until the 13" day of June. A.D.
1888.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 283)
Description
[page 283]
[corresponds to page 217 of Delaware County Will Records Vol. 8
1887-1890]
217
Frederick Oesterle's Estate,
Testimony of Witness.
In Probate Court } In the matter of proving the last
Will
Delaware County, Ohio. } and Testament of Frederick
Oesterle, deceased
The State of Ohio }
Delaware County,ss } Werter B. Albright, being duly sworn
and examined as a witness in the
above entitled matter, says; I was present at the exe=
=cution of the instrument now shown to me, bearing
date the 30" day of August. A.D. 1884, and offered for
probate as the last Will and Testament of Frederick
Oesterle, late of Delaware Township, in said County
of Delaware, deceased, and saw the said Frederick Oes=
=terle, now deceased, sign and seal said instrument,
and heard him acknowledge the same to be his last
Will and Testament; and I, thereupon, at his request, and
in his presence, subscribed my name to the same as a
witness. The said decedent, at the time of making,
signing and sealing said instrument, was of full age, of
sound mind and memory, and not under any restraint.
Werter B. Albright
Sworn to and subscribed by said witness in open
Court, this 13" day of June. A.D. 1888
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
June 13 1888,
In the Matter of the Will Of }
Frederick Oesterle, deceased } This day came Werter B.
Albright, one of the subscrib.
=ing witnesses to said Will of Frederick Oesterle, dec-,
and after being duly sworn testified to the due execu=
=tion and attestation of said Will. Which testimony
was reduced to writing, by him subscribed, and filed
with said Will.
And it appeared that William A. Smith, one of
the subscribing witnesses to said Will, is a resident
of San Diego, California, and is without the jurisdic=
=tion of this Court, it is therefore ordered that a Com=
=mission with the Will annexed issue herein to
Frank S. Jennings of San Diego, California,
directing him to take the deposition of said subscribing
witness, and return the same duly verified, with all
convenient speed to this Court
N.F. Overturf
Probate Judge.
[corresponds to page 217 of Delaware County Will Records Vol. 8
1887-1890]
217
Frederick Oesterle's Estate,
Testimony of Witness.
In Probate Court } In the matter of proving the last
Will
Delaware County, Ohio. } and Testament of Frederick
Oesterle, deceased
The State of Ohio }
Delaware County,ss } Werter B. Albright, being duly sworn
and examined as a witness in the
above entitled matter, says; I was present at the exe=
=cution of the instrument now shown to me, bearing
date the 30" day of August. A.D. 1884, and offered for
probate as the last Will and Testament of Frederick
Oesterle, late of Delaware Township, in said County
of Delaware, deceased, and saw the said Frederick Oes=
=terle, now deceased, sign and seal said instrument,
and heard him acknowledge the same to be his last
Will and Testament; and I, thereupon, at his request, and
in his presence, subscribed my name to the same as a
witness. The said decedent, at the time of making,
signing and sealing said instrument, was of full age, of
sound mind and memory, and not under any restraint.
Werter B. Albright
Sworn to and subscribed by said witness in open
Court, this 13" day of June. A.D. 1888
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
June 13 1888,
In the Matter of the Will Of }
Frederick Oesterle, deceased } This day came Werter B.
Albright, one of the subscrib.
=ing witnesses to said Will of Frederick Oesterle, dec-,
and after being duly sworn testified to the due execu=
=tion and attestation of said Will. Which testimony
was reduced to writing, by him subscribed, and filed
with said Will.
And it appeared that William A. Smith, one of
the subscribing witnesses to said Will, is a resident
of San Diego, California, and is without the jurisdic=
=tion of this Court, it is therefore ordered that a Com=
=mission with the Will annexed issue herein to
Frank S. Jennings of San Diego, California,
directing him to take the deposition of said subscribing
witness, and return the same duly verified, with all
convenient speed to this Court
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 284)
Description
[page 284]
[corresponds to page 218 of Delaware County Will Records Vol. 8
1887-1890]
218
Frederick Oesterle's Will.
Commission.
To take Testimony of Witness to Will
The State of Ohio } To Frank S. Jennings, Greeting:
Delaware County, ss. }
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 William A. Smith one of
the subscribing witnesses to the last Will and Testament
of Frederick Oesterle, decd, hereto 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 Wil=
=liam A. Smith 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 Frederick Oesterle, decd and that you
reduce such examination to writing, and return the same,
together with this Commission and the Will of the
said Frederick Oesterle, thereto annexed, closed up under
your seal, into our said Probate Court, with all conven=
=ient speed.
In Testimony Whereof, I, N.F. Over-
=turf, Judge of the said Court, have hereunto set my
hand and affixed the seal of said Court, at Delaware
Ohio, this 13" day of June. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Copy of Will.
I, Frederick Oesterle, a resident of the City of
Delaware in the State of Ohio, of lawful age, and
sound mind and memory, revoking all other former
testamentary writings do make and publish this my
last Will and Testament.
Item First, I do hereby nominate and appoint my beloved wife
Matilda, Guardian of my minor daughters Amelia
Louisa, Clara Nellie and Nettie Francis, until they
shall arrive at the age of Eighteen years or shall in=
=termarry, and of my minor son Otto Edward Leopold
until he shall arrive at the age of twenty one years.
But in case my wife should again marry, her
guardianship of said children shall determine upon
[corresponds to page 218 of Delaware County Will Records Vol. 8
1887-1890]
218
Frederick Oesterle's Will.
Commission.
To take Testimony of Witness to Will
The State of Ohio } To Frank S. Jennings, Greeting:
Delaware County, ss. }
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 William A. Smith one of
the subscribing witnesses to the last Will and Testament
of Frederick Oesterle, decd, hereto 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 Wil=
=liam A. Smith 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 Frederick Oesterle, decd and that you
reduce such examination to writing, and return the same,
together with this Commission and the Will of the
said Frederick Oesterle, thereto annexed, closed up under
your seal, into our said Probate Court, with all conven=
=ient speed.
In Testimony Whereof, I, N.F. Over-
=turf, Judge of the said Court, have hereunto set my
hand and affixed the seal of said Court, at Delaware
Ohio, this 13" day of June. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Copy of Will.
I, Frederick Oesterle, a resident of the City of
Delaware in the State of Ohio, of lawful age, and
sound mind and memory, revoking all other former
testamentary writings do make and publish this my
last Will and Testament.
Item First, I do hereby nominate and appoint my beloved wife
Matilda, Guardian of my minor daughters Amelia
Louisa, Clara Nellie and Nettie Francis, until they
shall arrive at the age of Eighteen years or shall in=
=termarry, and of my minor son Otto Edward Leopold
until he shall arrive at the age of twenty one years.
But in case my wife should again marry, her
guardianship of said children shall determine upon
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 285)
Description
[page 285]
[corresponds to page 219 of Delaware County Will Records Vol. 8
1887-1890]
219
Frederick Oesterle's Will.
her intermarriage, and in her place I do hereby nomi=
=nate my beloved children Adelia B. Helen E.
and Frederick Charles, to have the guardianship of
said children until they shall become of lawful age
or shall intermarry.
Item Second: I do hereby nominate and appoint my beloved wife
Matilda, Executrix of this my last Will and Tes=
=tament, hereby authorizing and empowering her to
compromise, adjust, release, and discharge in such
manner as she may deem proper the debts and claims
due me. I do also authorize and empower her if it
shall become necessary in order to pay my debts,
to sell by private sale or in such manner as
she may think proper all or any part of my Real
Estate and deeds to purchasers to execute, acknowl=
=edge and deliver in fee simple.
I also empower her to collect all rents, interest and
dividends due my estate, and if moneys which
may be at interest, or otherwise invested for profit,
shall become due, or she shall deem it best and exped=
=ient to convert them into money, I hereby authorize her
to collect and receive them and convert them into money,
and to reinvest as she may deem best.
I hereby authorize her to apply all rents, interest and prof=
=its of investments to the maintenance of herself and my
minor children, or so much thereof as may be neces=
=sary to their reasonable support. The balance of
such rents, interest and profits to be reinvested as
principal for the benefit of my estate.
Item Third: I give and devise to my beloved wife Matilda in lieu
of her dower the homestead residence in which I now
reside so long as she may remain my widow.
But if my wife shall again marry then the estate here-
=in created shall determine upon her inter marriage, in
which case my desire is that her dower be assigned
according to law.
Item Fourth: I desire that my business property, situate on the
North East corner of William and Sandusky Streets in
the City of Delaware Ohio, be not sold during the
minority of any one of my children, but that the same
shall be rented for a reasonable rental, to a responsible
tenant who shall give good and sufficient security for the
payment of the rent. And further that if said prop=
=erty shall be let for use as a restaurant or saloon
where alcoholic spirituous or malt liquors shall be sold,
that the tenant thereof, in addition to the security
for the rental thereof shall give ample secured bond
to my Executrix indemnifying her and my heirs.
[corresponds to page 219 of Delaware County Will Records Vol. 8
1887-1890]
219
Frederick Oesterle's Will.
her intermarriage, and in her place I do hereby nomi=
=nate my beloved children Adelia B. Helen E.
and Frederick Charles, to have the guardianship of
said children until they shall become of lawful age
or shall intermarry.
Item Second: I do hereby nominate and appoint my beloved wife
Matilda, Executrix of this my last Will and Tes=
=tament, hereby authorizing and empowering her to
compromise, adjust, release, and discharge in such
manner as she may deem proper the debts and claims
due me. I do also authorize and empower her if it
shall become necessary in order to pay my debts,
to sell by private sale or in such manner as
she may think proper all or any part of my Real
Estate and deeds to purchasers to execute, acknowl=
=edge and deliver in fee simple.
I also empower her to collect all rents, interest and
dividends due my estate, and if moneys which
may be at interest, or otherwise invested for profit,
shall become due, or she shall deem it best and exped=
=ient to convert them into money, I hereby authorize her
to collect and receive them and convert them into money,
and to reinvest as she may deem best.
I hereby authorize her to apply all rents, interest and prof=
=its of investments to the maintenance of herself and my
minor children, or so much thereof as may be neces=
=sary to their reasonable support. The balance of
such rents, interest and profits to be reinvested as
principal for the benefit of my estate.
Item Third: I give and devise to my beloved wife Matilda in lieu
of her dower the homestead residence in which I now
reside so long as she may remain my widow.
But if my wife shall again marry then the estate here-
=in created shall determine upon her inter marriage, in
which case my desire is that her dower be assigned
according to law.
Item Fourth: I desire that my business property, situate on the
North East corner of William and Sandusky Streets in
the City of Delaware Ohio, be not sold during the
minority of any one of my children, but that the same
shall be rented for a reasonable rental, to a responsible
tenant who shall give good and sufficient security for the
payment of the rent. And further that if said prop=
=erty shall be let for use as a restaurant or saloon
where alcoholic spirituous or malt liquors shall be sold,
that the tenant thereof, in addition to the security
for the rental thereof shall give ample secured bond
to my Executrix indemnifying her and my heirs.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 286)
Description
[page 286]
[corresponds to page 220 of Delaware County Will Records Vol. 8
1887-1890]
220
Frederick Oesterle's Will.
against any and all damages, taxes or license that may
be assessed against said property or which may be or
in any event might become a lien upon said property
by reason of the character of the business carried on there=
=in, under any law or ordinance now in force or which
may be hereafter enacted or ordained by any municipal,
state or national authority.
Item Fifth, In case my son Frederick Charles shall elect to
rent the said business property, I desire that he
have the refusal of the same, at a reasonable rental,
provided that he shall give security and bond as set
forth in Item Fourth. But I desire that my
wife be not accepted as security for for my son or
another.
Item Sixth: I give and bequeath to my son Frederick Charles,
all the Counter show cases, tables, chests,
chairs and other furniture which may be in the said
business property at the time of my decease, not in=
=cluding the stock in trade. Provided that he shall
elect to continue business in said property and shall
contract for the rental of the same as set forth in Item
Fourth. Otherwise the said property to be sold or
otherwise disposed of as may to my Executor seem
expedient.
Item Seventh. I desire that the principal of any and all invest=
=ments be kept intact and undiminished except in
case of necessity for repairs, or otherwise rendered neces=
=sary by fire or other casualty.
Item Eighth. I desire that no division or partition of my estate be
made during the minority of any one of my children,
except as otherwise herein provided.
Item Ninth: If when all my children shall have attained their
majority they shall elect to divide and partition, they shall
be free to do so, provided that the dower assigned to my
wife shall be sufficient for her reasonable support so long
as she remain my widow.
But if it shall appear that her dower so assigned
would not be sufficient for her reasonable support,
during widow hood, I desire that no division or par=
tition be made so long as she may remain my wid=
=ow. but that my business property above mentioned
shall continue to be rented, and the rental thereof to=
=gether with the interest and profits of investments or
as much thereof as may be necessary to her reason=
=able support shall be so applied.
[corresponds to page 220 of Delaware County Will Records Vol. 8
1887-1890]
220
Frederick Oesterle's Will.
against any and all damages, taxes or license that may
be assessed against said property or which may be or
in any event might become a lien upon said property
by reason of the character of the business carried on there=
=in, under any law or ordinance now in force or which
may be hereafter enacted or ordained by any municipal,
state or national authority.
Item Fifth, In case my son Frederick Charles shall elect to
rent the said business property, I desire that he
have the refusal of the same, at a reasonable rental,
provided that he shall give security and bond as set
forth in Item Fourth. But I desire that my
wife be not accepted as security for for my son or
another.
Item Sixth: I give and bequeath to my son Frederick Charles,
all the Counter show cases, tables, chests,
chairs and other furniture which may be in the said
business property at the time of my decease, not in=
=cluding the stock in trade. Provided that he shall
elect to continue business in said property and shall
contract for the rental of the same as set forth in Item
Fourth. Otherwise the said property to be sold or
otherwise disposed of as may to my Executor seem
expedient.
Item Seventh. I desire that the principal of any and all invest=
=ments be kept intact and undiminished except in
case of necessity for repairs, or otherwise rendered neces=
=sary by fire or other casualty.
Item Eighth. I desire that no division or partition of my estate be
made during the minority of any one of my children,
except as otherwise herein provided.
Item Ninth: If when all my children shall have attained their
majority they shall elect to divide and partition, they shall
be free to do so, provided that the dower assigned to my
wife shall be sufficient for her reasonable support so long
as she remain my widow.
But if it shall appear that her dower so assigned
would not be sufficient for her reasonable support,
during widow hood, I desire that no division or par=
tition be made so long as she may remain my wid=
=ow. but that my business property above mentioned
shall continue to be rented, and the rental thereof to=
=gether with the interest and profits of investments or
as much thereof as may be necessary to her reason=
=able support shall be so applied.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 287)
Description
[page 287]
[corresponds to page 221 of Delaware County Will Records Vol. 8
1887-1890]
221
Frederick Oesterle's Will
Item Tenth: If my wife should again marry during the minority
of any one of my children I desire that her trust as
Executrix of this my will shall determine upon
her intermarriage, and that her lawful dower be
assigned.
And if she should marry after all my children have
attained their legal majority then her trust as Execu=
=trix of this my will shall be determined upon her
intermarriage, and her lawful dower by assigned, and
the remainder of my estate according to law.
Item Eleventh: If my Executrix should deem it expedient, I hereby
authorize her by and with the advise and consent of each
of my children as may have attained their majority, to
sell and convey any part of the whole of the homestead
in which I now reside. and deeds to execute and deliver
in fee simple, provided that so much of the proceeds
thereof as she may deem proper shall be reinvested
in a homestead for my widow and minor children.
which new homestead shall be conveyed to my Execu=
=tor in trust for the use of my heirs at law, and shall
be and remain to her use during her widowhood as
set forth and provided in Item third of this my
Will.
Item Twelve I give to my beloved wife Matilda all the goods and
household furniture which may be in my homestead
at my decease:
I enjoin upon the guardian of my minor children the
duty of giving them a good english education, and cultur:
=ing them in habits of truth, economy and industry.
And my desire and intention in this will is to
give to my beloved wife Matilda so long as she
may remain my widow, excepting as provided herein,
ample power and authority to invest my moneys, col=
=lect rents and interest and carry on business for the
support maintenance and education of my minor child=
=ren with prudence & care not to the disparagement
of my older children as I if living would reasonably
be expected to do. but that nothing herein shall be
so construed as to authorize her to engage any part
of my estate in any trade, trafic, or merchantile bus=
=iness in which she shall be sole or a partner.
In testimony
whereof I have hereunto set my hand and seal this
30" day of August in the year of Our Lord One
Thousand Eight hundred and Eighty four.
Frederick Oesterle {Seal}
[corresponds to page 221 of Delaware County Will Records Vol. 8
1887-1890]
221
Frederick Oesterle's Will
Item Tenth: If my wife should again marry during the minority
of any one of my children I desire that her trust as
Executrix of this my will shall determine upon
her intermarriage, and that her lawful dower be
assigned.
And if she should marry after all my children have
attained their legal majority then her trust as Execu=
=trix of this my will shall be determined upon her
intermarriage, and her lawful dower by assigned, and
the remainder of my estate according to law.
Item Eleventh: If my Executrix should deem it expedient, I hereby
authorize her by and with the advise and consent of each
of my children as may have attained their majority, to
sell and convey any part of the whole of the homestead
in which I now reside. and deeds to execute and deliver
in fee simple, provided that so much of the proceeds
thereof as she may deem proper shall be reinvested
in a homestead for my widow and minor children.
which new homestead shall be conveyed to my Execu=
=tor in trust for the use of my heirs at law, and shall
be and remain to her use during her widowhood as
set forth and provided in Item third of this my
Will.
Item Twelve I give to my beloved wife Matilda all the goods and
household furniture which may be in my homestead
at my decease:
I enjoin upon the guardian of my minor children the
duty of giving them a good english education, and cultur:
=ing them in habits of truth, economy and industry.
And my desire and intention in this will is to
give to my beloved wife Matilda so long as she
may remain my widow, excepting as provided herein,
ample power and authority to invest my moneys, col=
=lect rents and interest and carry on business for the
support maintenance and education of my minor child=
=ren with prudence & care not to the disparagement
of my older children as I if living would reasonably
be expected to do. but that nothing herein shall be
so construed as to authorize her to engage any part
of my estate in any trade, trafic, or merchantile bus=
=iness in which she shall be sole or a partner.
In testimony
whereof I have hereunto set my hand and seal this
30" day of August in the year of Our Lord One
Thousand Eight hundred and Eighty four.
Frederick Oesterle {Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 288)
Description
[page 288]
[corresponds to page 222 of Delaware County Will Records Vol. 8
1887-1890]
222
Frederick Oesterle's Will.
Subscribed in our presence by Frederick Oesterle
and by him acknowledged to be his last will and testa=
=ment and by us subscribed as witnesses in his presence
and in presence of each other, the day and year above
written, and done at the request of the Testator.
William A. Smith
Werter B. Alright.
Deposition of Witness to Will
The State of California } In the Matter of the Last Will and Testament
San Diego County,ss. } of Frederick Oesterle.
Personally appeared before me Frank S. Jennings,
Commissioner, William A. Smith one of the subscrib-
=ing witnesses to the last Will and Testament of Freder=
=ick Oesterle late of Delaware Township in said Del=
=aware County, deceased, who being by me first duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the exe=
cution of said Will, deposes and says: That he was
present at the execution of the paper before him bearing
date the 30" day of August. A.D. 1884, purporting to be
the last Will and Testament of Frederick Oesterle now
deceased, whose name is signed at the end thereof, and
at the request of said deceased, he subscribed his name
to the same as a witness in his presence; that he saw
the said Frederick Oesterle sign and seal said Will,
and heard him acknowledge the same to be his last
Will and Testament, and that the said Frederick
Oesterle at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory
and not under any restraint.
William A. Smith.
The State of California }
San Diego County. ss. } I, Frank S. Jennings, duly
appointed and commissioned by
the Judge of the Probate Court of the County of Del=
=aware and State of Ohio to take the testimony of Wil=
=liam A. Smith, one of the subscribing witnesses to
the last Will and Testament of Frederick Oesterle ,
deceased, late a resident of said County and State, which
Commission, and the said Will are hereto annexed, do
hereby certify that in pursuance of said Commission
I caused the above named William A. Smith, sub=
=scribing witness as aforesaid to appear before me, at
[corresponds to page 222 of Delaware County Will Records Vol. 8
1887-1890]
222
Frederick Oesterle's Will.
Subscribed in our presence by Frederick Oesterle
and by him acknowledged to be his last will and testa=
=ment and by us subscribed as witnesses in his presence
and in presence of each other, the day and year above
written, and done at the request of the Testator.
William A. Smith
Werter B. Alright.
Deposition of Witness to Will
The State of California } In the Matter of the Last Will and Testament
San Diego County,ss. } of Frederick Oesterle.
Personally appeared before me Frank S. Jennings,
Commissioner, William A. Smith one of the subscrib-
=ing witnesses to the last Will and Testament of Freder=
=ick Oesterle late of Delaware Township in said Del=
=aware County, deceased, who being by me first duly
sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the exe=
cution of said Will, deposes and says: That he was
present at the execution of the paper before him bearing
date the 30" day of August. A.D. 1884, purporting to be
the last Will and Testament of Frederick Oesterle now
deceased, whose name is signed at the end thereof, and
at the request of said deceased, he subscribed his name
to the same as a witness in his presence; that he saw
the said Frederick Oesterle sign and seal said Will,
and heard him acknowledge the same to be his last
Will and Testament, and that the said Frederick
Oesterle at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory
and not under any restraint.
William A. Smith.
The State of California }
San Diego County. ss. } I, Frank S. Jennings, duly
appointed and commissioned by
the Judge of the Probate Court of the County of Del=
=aware and State of Ohio to take the testimony of Wil=
=liam A. Smith, one of the subscribing witnesses to
the last Will and Testament of Frederick Oesterle ,
deceased, late a resident of said County and State, which
Commission, and the said Will are hereto annexed, do
hereby certify that in pursuance of said Commission
I caused the above named William A. Smith, sub=
=scribing witness as aforesaid to appear before me, at
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 289)
Description
[page 289]
[corresponds to page 223 of Delaware County Will Records Vol. 8
1887-1890]
223
Frederick Oesterle's Will
San Diego, California, on the 27th day of June. 1888,
that he was first duly sworn by me, according to law,
to speak the truth, the whole truth, and nothing but
the truth; that I examined him in relation to the
execution of said Will, and reduced his testimony to
writing as above set forth in his presence and that he
signed the same in my presence, and I further certify
that I am not Counsel, Attorney, or Relative of any
of the parties named in said Will, or otherwise inter=
=ested in the Probate thereof.
In witness whereof I
have hereunto set my hand, this 27th day of June.
A.D. 1888.
Frank S. Jennings.
Commissioner
Journal Entry.
July. 9" 1888.
In the Matter of the Will of }
Frederick Oesterle, decd }
The Commission heretofore
issued herein to take the testimony of William A.
Smith, one of the subscribing witnesses to the Will
of said Frederick Oesterle, deceased, was this day
returned duly executed, and the same was filed
herein.
And it appearing to the Court from the examination
of the former witness, and from the deposition of the
said William A. Smith, that the aforesaid instru=
=ment of writing is the last Will and Testament of
said Frederick Oesterle, deceased. That the same
was duly executed and attested; and that the said Tes=
=tator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate and
that the same, together with the testimony of the witness=
=es above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
[corresponds to page 223 of Delaware County Will Records Vol. 8
1887-1890]
223
Frederick Oesterle's Will
San Diego, California, on the 27th day of June. 1888,
that he was first duly sworn by me, according to law,
to speak the truth, the whole truth, and nothing but
the truth; that I examined him in relation to the
execution of said Will, and reduced his testimony to
writing as above set forth in his presence and that he
signed the same in my presence, and I further certify
that I am not Counsel, Attorney, or Relative of any
of the parties named in said Will, or otherwise inter=
=ested in the Probate thereof.
In witness whereof I
have hereunto set my hand, this 27th day of June.
A.D. 1888.
Frank S. Jennings.
Commissioner
Journal Entry.
July. 9" 1888.
In the Matter of the Will of }
Frederick Oesterle, decd }
The Commission heretofore
issued herein to take the testimony of William A.
Smith, one of the subscribing witnesses to the Will
of said Frederick Oesterle, deceased, was this day
returned duly executed, and the same was filed
herein.
And it appearing to the Court from the examination
of the former witness, and from the deposition of the
said William A. Smith, that the aforesaid instru=
=ment of writing is the last Will and Testament of
said Frederick Oesterle, deceased. That the same
was duly executed and attested; and that the said Tes=
=tator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate and
that the same, together with the testimony of the witness=
=es above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 290)
Description
[page 290]
[corresponds to page 224 of Delaware County Will Records Vol. 8
1887-1890]
224
Michael Leitners Will
Journal Entry.
July 25 1888
In the Matter of the Will of }
Michael Leitner, deceased } This day, an instrument of
writing, purporting to be the
last Will and Testament of Michael Leitner, late of Dela=
=ware Township, in this County, deceased, was produced in
open Court for Probate. On Consideration Whereof, it
is ordered, that the said Will be filed in this Court.
And it appearing to the Court that there is no widow
or next of kin of the Testator resident of the State of
Ohio, no Notices were issued. And it further ap=
=pearing to the Court that Alex W. Krumm and
Christopher Turkoff, the subscribing witnesses to said
Will, are residents of Columbus, Franklin County. Ohio,
and are without the jurisdiction of this Court, it is there=
=upon ordered, that a Commission , with the Will annex:
=ed issue herein to Albert Krumm of Columbus,
Franklin Co. Ohio, directing him to take the testimony
of said subscribing witnesses, and return the same, ac:
=cording to law, with all convenient speed,to this
Court. And this matter is continued until Friday
the 27th day of July. A.D. 1888.
N.F. Overturf
Probate Judge.
Commission
To take Testimony of Witness To Will.
The State of Ohio } ss To Albert Krumm, of City of Columbus,
Delaware County. } Franklin Co. Ohio. 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 Christopher Turkopp and Alex W. Krumm subscribing
witnesses to the last Will and Testament of Michael
Leitner hereto 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 Christopher Turkopp and Alex W.
Krumm 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 of the said
Michael Leitner and that you reduce such examination
to writing, and return the same, together with this Com=
=mission and the Will of the said Michael Leitner
[corresponds to page 224 of Delaware County Will Records Vol. 8
1887-1890]
224
Michael Leitners Will
Journal Entry.
July 25 1888
In the Matter of the Will of }
Michael Leitner, deceased } This day, an instrument of
writing, purporting to be the
last Will and Testament of Michael Leitner, late of Dela=
=ware Township, in this County, deceased, was produced in
open Court for Probate. On Consideration Whereof, it
is ordered, that the said Will be filed in this Court.
And it appearing to the Court that there is no widow
or next of kin of the Testator resident of the State of
Ohio, no Notices were issued. And it further ap=
=pearing to the Court that Alex W. Krumm and
Christopher Turkoff, the subscribing witnesses to said
Will, are residents of Columbus, Franklin County. Ohio,
and are without the jurisdiction of this Court, it is there=
=upon ordered, that a Commission , with the Will annex:
=ed issue herein to Albert Krumm of Columbus,
Franklin Co. Ohio, directing him to take the testimony
of said subscribing witnesses, and return the same, ac:
=cording to law, with all convenient speed,to this
Court. And this matter is continued until Friday
the 27th day of July. A.D. 1888.
N.F. Overturf
Probate Judge.
Commission
To take Testimony of Witness To Will.
The State of Ohio } ss To Albert Krumm, of City of Columbus,
Delaware County. } Franklin Co. Ohio. 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 Christopher Turkopp and Alex W. Krumm subscribing
witnesses to the last Will and Testament of Michael
Leitner hereto 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 Christopher Turkopp and Alex W.
Krumm 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 of the said
Michael Leitner and that you reduce such examination
to writing, and return the same, together with this Com=
=mission and the Will of the said Michael Leitner
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 291)
Description
[page 291]
[corresponds to page 225 of Delaware County Will Records Vol. 8 1887-1890]
225
Michael Leitners' Will
thereto annexed, closed up under your seal, into our said
Probate Court, with all convenient speed.
In Testimony Whereof,
I, N.F. Overturf, Judge of the said Court, have here=
=unto set my hand and affixed the seal of said Court,
at Delaware O. this 25" day of July. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
"Copy of Will"
Last Will and Testament of
Michael Leitner.
I, Michael Leitner of Delaware, Delaware County,
State of Ohio, of sound and sane mind and memory,in
full possession of all my faculties, and in good health
and spirits, but becoming old, and appreciating the uncer=
=tainty of this life, and being desirous of making a just
and proper disposition of my property after my death,
do hereby make and publish this my last Will and
testament, hereby revoking any and all former last wills
and testaments by me made:
I. It is my will that all my just debts and funeral ex=
=penses be paid by my Executor hereinafter named, as
soon after my death as the same can conveniently be
done:
II. I next give and bequeath to William Fleckner, Hen=
=ry Fleckner. Conrad Fleckner and Maria Fleckner (now
wife of Henry Hummel) all being children of my deceased
wife Katharine Fleckner, by a former husband, each
the sum of Five Dollars (Each $5.00) Said four above
named children, together with one other since deceased
without issue, were the children of my aforesaid wife at
the time of her marriage with me, and were not adopted
by me as my children, but I agreed with my said wife
to raise them, which I have done, and furthermore they
have not been as kind to me as they might or should
have been, and moreover I have done them each and all
many services including various sums of money ad=
=vanced to several of them, which have never been return=
=ed. This bequest I have made principally to show
that they have not been forgotten nor ignored by me.
III. I do next give, devise, and bequeath all the rest
and residue of my property, real personal and mixed of
whatsoever kind and wheresoever the same may be,
[corresponds to page 225 of Delaware County Will Records Vol. 8 1887-1890]
225
Michael Leitners' Will
thereto annexed, closed up under your seal, into our said
Probate Court, with all convenient speed.
In Testimony Whereof,
I, N.F. Overturf, Judge of the said Court, have here=
=unto set my hand and affixed the seal of said Court,
at Delaware O. this 25" day of July. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
"Copy of Will"
Last Will and Testament of
Michael Leitner.
I, Michael Leitner of Delaware, Delaware County,
State of Ohio, of sound and sane mind and memory,in
full possession of all my faculties, and in good health
and spirits, but becoming old, and appreciating the uncer=
=tainty of this life, and being desirous of making a just
and proper disposition of my property after my death,
do hereby make and publish this my last Will and
testament, hereby revoking any and all former last wills
and testaments by me made:
I. It is my will that all my just debts and funeral ex=
=penses be paid by my Executor hereinafter named, as
soon after my death as the same can conveniently be
done:
II. I next give and bequeath to William Fleckner, Hen=
=ry Fleckner. Conrad Fleckner and Maria Fleckner (now
wife of Henry Hummel) all being children of my deceased
wife Katharine Fleckner, by a former husband, each
the sum of Five Dollars (Each $5.00) Said four above
named children, together with one other since deceased
without issue, were the children of my aforesaid wife at
the time of her marriage with me, and were not adopted
by me as my children, but I agreed with my said wife
to raise them, which I have done, and furthermore they
have not been as kind to me as they might or should
have been, and moreover I have done them each and all
many services including various sums of money ad=
=vanced to several of them, which have never been return=
=ed. This bequest I have made principally to show
that they have not been forgotten nor ignored by me.
III. I do next give, devise, and bequeath all the rest
and residue of my property, real personal and mixed of
whatsoever kind and wheresoever the same may be,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 292)
Description
[page 292]
[corresponds to page 226 of Delaware County Will Records Vol. 8 1887-1890]
226
Michael Leitner's Will
including my real estate in Delaware. Ohio, after de=
ducting therefrom the foregoing bequests and the costs of
administering the trust hereby created including a fair com=
=pensation to my Executor, to Anna Maria Ruege
(or Ruoyn) (now Schueller, and wife of Philip Schuel=
=ler) now in Garnsdorf Bonigriff Weissenburg Mittelfranken
Banigreich Bayern Germany Anna Maria Ruege was born in Weimar.
Weissenburg Bayern Germany and is my own daughter
by Katharine Ruge In case of the
death of my said daughter Anna Maria Ruege before
mine, it is my will that all my property of whatsoever
kind as aforesaid, shall be given, and I do hereby so give
devise, and bequeath the same to her children, issue of
her body share and share alike, and to her or their (as
the case may be) heirs and assigns forever.
IV. I do nominate, and appoint my friend Frederick Tur=
kopp of Columbus, Ohio, to be the Executor of this my
last Will and Testament, with the request and direction
that he be not required to give any bond whatsoever for
the performance of the trust hereby created. In case of
the inability, death, or refusal of said Fred. Turkopp
to assume this trust, then it is my will that his
brother Henry Turkopp be and he is hereby appointed
to assume and discharge the same, with a like direction
as to bond.
My Executor shall in every respect have full, complete
and unqualified control of all my property for the benefit
of my legatees and devisees with full power and authority
to sell the same including real estate, and any or ev=
=ery part and parcel thereof, either at public or private
sale, upon such terms, for such price, and at such times
as he my said Executor shall in his discretion determine
without restraint, and without any legal process, or any
order of any Court.
Said Executor is to account to my devisees and lega=
=tees; either to convey said premises as herein provided
and account for the proceeds, or if agreeable to all, my said
real estate may be taken by said Anna Maria Ruege
without sale, that is to say if agreeable to said Ruege
and my Executor, but in no event is the purchaser at
said sale or sales to be responsible in any wise for the
application of the proceeds thereof, and such sales are to
be made without reference to that application of the proceeds
and the title to property, so sold shall be free and clear of
any liability or responsibility for the application of the pro=
=ceeds thereof.
In witness whereof, I have hereunto
subscribed my name this 15th day of January. A
[corresponds to page 226 of Delaware County Will Records Vol. 8 1887-1890]
226
Michael Leitner's Will
including my real estate in Delaware. Ohio, after de=
ducting therefrom the foregoing bequests and the costs of
administering the trust hereby created including a fair com=
=pensation to my Executor, to Anna Maria Ruege
(or Ruoyn) (now Schueller, and wife of Philip Schuel=
=ler) now in Garnsdorf Bonigriff Weissenburg Mittelfranken
Banigreich Bayern Germany Anna Maria Ruege was born in Weimar.
Weissenburg Bayern Germany and is my own daughter
by Katharine Ruge In case of the
death of my said daughter Anna Maria Ruege before
mine, it is my will that all my property of whatsoever
kind as aforesaid, shall be given, and I do hereby so give
devise, and bequeath the same to her children, issue of
her body share and share alike, and to her or their (as
the case may be) heirs and assigns forever.
IV. I do nominate, and appoint my friend Frederick Tur=
kopp of Columbus, Ohio, to be the Executor of this my
last Will and Testament, with the request and direction
that he be not required to give any bond whatsoever for
the performance of the trust hereby created. In case of
the inability, death, or refusal of said Fred. Turkopp
to assume this trust, then it is my will that his
brother Henry Turkopp be and he is hereby appointed
to assume and discharge the same, with a like direction
as to bond.
My Executor shall in every respect have full, complete
and unqualified control of all my property for the benefit
of my legatees and devisees with full power and authority
to sell the same including real estate, and any or ev=
=ery part and parcel thereof, either at public or private
sale, upon such terms, for such price, and at such times
as he my said Executor shall in his discretion determine
without restraint, and without any legal process, or any
order of any Court.
Said Executor is to account to my devisees and lega=
=tees; either to convey said premises as herein provided
and account for the proceeds, or if agreeable to all, my said
real estate may be taken by said Anna Maria Ruege
without sale, that is to say if agreeable to said Ruege
and my Executor, but in no event is the purchaser at
said sale or sales to be responsible in any wise for the
application of the proceeds thereof, and such sales are to
be made without reference to that application of the proceeds
and the title to property, so sold shall be free and clear of
any liability or responsibility for the application of the pro=
=ceeds thereof.
In witness whereof, I have hereunto
subscribed my name this 15th day of January. A
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 293)
Description
[page 293]
[corresponds to page 227 of Delaware County Will Records Vol. 8
1887-1890]
227
Michael Leitner's Will
D 1878.
Michael Leitner
Signed, declared, acknowledged, and published by the
said Michael Leitner in our presence, as and for his
last Will and Testament, and by us signed as witnesses
thereto at his request, in his presence, and in the pres=
=ence of each other, this 15th day of January. A.D.
1878.
John Hoelcher
Christ Turkopp
Alex W Krumm.
Deposition of Witness to Will.
The State of Ohio } In the Matte
} of the last Will and Testament
Franklin County.ss } of Michael Leitner
Personally appeared before me Albert Krumm, Com=
missioner, Christ Turkopp and Alex W. Krumm,
subscribing witnesses to the last Will and Testament of
Michael Leitner, late of Township in said Delaware
County, deceased, who being by me first duly sworn accord=
=ing to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
depose and say: That they were present at the execution
of the paper before them bearing date the 15th day of Jan=
=uary A.D. 1878, purporting to be the last Will and Tes=
=tament of Michael Leitner now deceased, whose name is
signed at the end thereof, and at the request of said deceased
they subscribed their names to the same as witnesses in
his presence; that they saw the said Michael Leitner sign
and seal said Will, and heard him acknowledge the same to
be his last Will and Testament, and that the said Michael
Leitner at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under
any restraint.
Christ Turkopp.
Alex W. Krumm
The State of Ohio }
Franklin County.ss. } I, Albert Krumm, duly appointed
and commissioned by the Judge of
the Probate Court, of the County of Delaware and the
State of Ohio, to take the testimony of Christ Turkopp
and Alex W. Krumm. subscribing witnesses to the last
WIll and Testament of Michael Leitner, deceased, late
a resident of said County and State, which Commission,
and the said Will are hereto annexed, do hereby certify
[corresponds to page 227 of Delaware County Will Records Vol. 8
1887-1890]
227
Michael Leitner's Will
D 1878.
Michael Leitner
Signed, declared, acknowledged, and published by the
said Michael Leitner in our presence, as and for his
last Will and Testament, and by us signed as witnesses
thereto at his request, in his presence, and in the pres=
=ence of each other, this 15th day of January. A.D.
1878.
John Hoelcher
Christ Turkopp
Alex W Krumm.
Deposition of Witness to Will.
The State of Ohio } In the Matte
} of the last Will and Testament
Franklin County.ss } of Michael Leitner
Personally appeared before me Albert Krumm, Com=
missioner, Christ Turkopp and Alex W. Krumm,
subscribing witnesses to the last Will and Testament of
Michael Leitner, late of Township in said Delaware
County, deceased, who being by me first duly sworn accord=
=ing to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
depose and say: That they were present at the execution
of the paper before them bearing date the 15th day of Jan=
=uary A.D. 1878, purporting to be the last Will and Tes=
=tament of Michael Leitner now deceased, whose name is
signed at the end thereof, and at the request of said deceased
they subscribed their names to the same as witnesses in
his presence; that they saw the said Michael Leitner sign
and seal said Will, and heard him acknowledge the same to
be his last Will and Testament, and that the said Michael
Leitner at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under
any restraint.
Christ Turkopp.
Alex W. Krumm
The State of Ohio }
Franklin County.ss. } I, Albert Krumm, duly appointed
and commissioned by the Judge of
the Probate Court, of the County of Delaware and the
State of Ohio, to take the testimony of Christ Turkopp
and Alex W. Krumm. subscribing witnesses to the last
WIll and Testament of Michael Leitner, deceased, late
a resident of said County and State, which Commission,
and the said Will are hereto annexed, do hereby certify
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 294)
Description
[page 294]
[corresponds to page 228 of Delaware County Will Records Vol. 8
1887-1890]
228
Michael Leitner's Will
that in pursuance of said Commission I caused the above
named Christ Turkopp and Alex W. Krumm sub=
=scribing witnesses as aforesaid to appear before me, apply
on the 26th day of July. 1888. that they were first duly
sworn by me, according to law, to speak the truth, the whole
truth, and nothing but the truth; that I examined them
in relation to the execution of said Will, and reduced their
testimony to writing as above set forth in their presence and
that they signed the same in my presence, and I further
certify that I am not Counsel, Attorney, or Relative
of any of the parties named in said Will, or otherwise
interested in the Probate thereof.
In witness whereof I have here=
=unto set my hand, this 26th day of July. A.D. 1888.
Albert Krumm.
Commissioner.
Journal Entry.
July 27 1888.
In the Matter of the Will of }
Michael Leitner, deceased } The Commission heretofore
issued herein to take the tes=
=timony of Alex W Krumm and Christopher Turkopp
the subscribing witnesses to the Will of Michael Leit=
=ner, deceased, was this day returned, duly executed, and
the same was filed herein.
And it appearing to the Court from the depositions of the
said Alex W. Krumm and Christ Turkopp, that the
aforesaid instrument of writing is the last Will and Tes=
=tament of said Michael Leitner, deceased, That the same
was duly executed and attested, and that the said Testa=
=tor at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under
any restraint. It is, therefore by the Court ordered, that
the said Will be admitted to probate and that the same
together with the depositions of the witnesses above named,
as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
[corresponds to page 228 of Delaware County Will Records Vol. 8
1887-1890]
228
Michael Leitner's Will
that in pursuance of said Commission I caused the above
named Christ Turkopp and Alex W. Krumm sub=
=scribing witnesses as aforesaid to appear before me, apply
on the 26th day of July. 1888. that they were first duly
sworn by me, according to law, to speak the truth, the whole
truth, and nothing but the truth; that I examined them
in relation to the execution of said Will, and reduced their
testimony to writing as above set forth in their presence and
that they signed the same in my presence, and I further
certify that I am not Counsel, Attorney, or Relative
of any of the parties named in said Will, or otherwise
interested in the Probate thereof.
In witness whereof I have here=
=unto set my hand, this 26th day of July. A.D. 1888.
Albert Krumm.
Commissioner.
Journal Entry.
July 27 1888.
In the Matter of the Will of }
Michael Leitner, deceased } The Commission heretofore
issued herein to take the tes=
=timony of Alex W Krumm and Christopher Turkopp
the subscribing witnesses to the Will of Michael Leit=
=ner, deceased, was this day returned, duly executed, and
the same was filed herein.
And it appearing to the Court from the depositions of the
said Alex W. Krumm and Christ Turkopp, that the
aforesaid instrument of writing is the last Will and Tes=
=tament of said Michael Leitner, deceased, That the same
was duly executed and attested, and that the said Testa=
=tor at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under
any restraint. It is, therefore by the Court ordered, that
the said Will be admitted to probate and that the same
together with the depositions of the witnesses above named,
as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 295)
Description
[page 295]
[corresponds to page 229 of Delaware County Will Records Vol. 8
1887-1890]
229
Lucy A. Hanawalt's Estate.
Journal Entry.
July. 31st 1888.
In the Matter of the Will }
of Lucy A. Hanawalt, decd }
This day, an instrument of
writing, purporting to be the last Will and Testament
of Lucy A. Hanawalt, late of Liberty Township, in
this County, deceased, was produced in open Court
for Probate: On Consideration Whereof, it is ordered
that the said Will be filed in this Court.
And thereupon came Charles Hanawalt, widower of
said Testatrix, and for himself and Letta S. Hana=
=walt (only heir of said Testatrix, aged 4 months) in
writing, waived the issuing of service and consented to
the probate of said Will. And it is ordered the
hearing of said application be set for Wednesday
the 8th day of August. A.D. 1888, at 1 o'clock P.
M., to which time this matter is continued .
N.F. Overturf
Probate Judge.
Waiver.
I the undersigned husband, & father of Infant, of the
within named decedent, hereby waive further notice
for my self & said Infant. Letta Hanawalt, and con=
=sent to the probate of said Will.
Dated this 31st day of July. A.D.1888.
Charles Hanawalt.
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County, ss. }
Personally appeared in open Court
William Fry and F.M. Marriott the subscribing wit=
=nesses to the last Will and Testament of Lucy Ann
Hanawalt, late of Liberty Township, in said Delaware
County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bear=
=ing date the 16" day of July. A.D. 1888, purporting
to be the last Will and Testament of Lucy Ann Han=
=awalt; now deceased, is the Will of said deceased Lucy
Ann Hanawalt, that they were present at the ex=
=ecution of said Will, and at the request of the Testa=
=trix, respectively subscribed their names to the same
[corresponds to page 229 of Delaware County Will Records Vol. 8
1887-1890]
229
Lucy A. Hanawalt's Estate.
Journal Entry.
July. 31st 1888.
In the Matter of the Will }
of Lucy A. Hanawalt, decd }
This day, an instrument of
writing, purporting to be the last Will and Testament
of Lucy A. Hanawalt, late of Liberty Township, in
this County, deceased, was produced in open Court
for Probate: On Consideration Whereof, it is ordered
that the said Will be filed in this Court.
And thereupon came Charles Hanawalt, widower of
said Testatrix, and for himself and Letta S. Hana=
=walt (only heir of said Testatrix, aged 4 months) in
writing, waived the issuing of service and consented to
the probate of said Will. And it is ordered the
hearing of said application be set for Wednesday
the 8th day of August. A.D. 1888, at 1 o'clock P.
M., to which time this matter is continued .
N.F. Overturf
Probate Judge.
Waiver.
I the undersigned husband, & father of Infant, of the
within named decedent, hereby waive further notice
for my self & said Infant. Letta Hanawalt, and con=
=sent to the probate of said Will.
Dated this 31st day of July. A.D.1888.
Charles Hanawalt.
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County, ss. }
Personally appeared in open Court
William Fry and F.M. Marriott the subscribing wit=
=nesses to the last Will and Testament of Lucy Ann
Hanawalt, late of Liberty Township, in said Delaware
County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bear=
=ing date the 16" day of July. A.D. 1888, purporting
to be the last Will and Testament of Lucy Ann Han=
=awalt; now deceased, is the Will of said deceased Lucy
Ann Hanawalt, that they were present at the ex=
=ecution of said Will, and at the request of the Testa=
=trix, respectively subscribed their names to the same
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 296)
Description
[page 296]
[corresponds to page 230 of Delaware County Will Records Vol. 8 1887-1890]
230
Lucy Ann Hanawalt's Estate
as witnesses, in her presence; that they saw the said
Lucy Ann Hanawalt deceased, sign and seal said
Will, and heard her acknowledge the same to be her
last Will and Testament, and that the said Lucy
Ann Hanawalt at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory and not under any restraint.
William Fry
F.M. Marriott
Sworn to and subscribed by said witnesses, in open
Court, this 8" day of August. A.D. 1888.
N.F.Overturf
{Seal} Probate Judge
Journal Entry.
Aug. 8" 1888
In the Matter of the Will of
Lucy A Hanawalt, decd, Be it remembered, that hereto=
fore, to-wit: on the 31st day of
July. A D 1888, an instrument of writing, purporting to be
the last Will and Testament of Lucy A. Hanawalt
late of Liberty Township, in this County, deceased, was
produced in open Court for probate, and was then filed.
And now comes William Fry and F.M. Marriott
the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by them
respectively subscribed, and filed with said Will, where:
=upon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said
Lucy A. Hanawalt, deceased. That the same was
duly executed and attested; and that the said Testa=
=trix, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory and
not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testi=
=mony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this
Court.
N. F. Overturf
Probate Judge.
[corresponds to page 230 of Delaware County Will Records Vol. 8 1887-1890]
230
Lucy Ann Hanawalt's Estate
as witnesses, in her presence; that they saw the said
Lucy Ann Hanawalt deceased, sign and seal said
Will, and heard her acknowledge the same to be her
last Will and Testament, and that the said Lucy
Ann Hanawalt at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory and not under any restraint.
William Fry
F.M. Marriott
Sworn to and subscribed by said witnesses, in open
Court, this 8" day of August. A.D. 1888.
N.F.Overturf
{Seal} Probate Judge
Journal Entry.
Aug. 8" 1888
In the Matter of the Will of
Lucy A Hanawalt, decd, Be it remembered, that hereto=
fore, to-wit: on the 31st day of
July. A D 1888, an instrument of writing, purporting to be
the last Will and Testament of Lucy A. Hanawalt
late of Liberty Township, in this County, deceased, was
produced in open Court for probate, and was then filed.
And now comes William Fry and F.M. Marriott
the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by them
respectively subscribed, and filed with said Will, where:
=upon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said
Lucy A. Hanawalt, deceased. That the same was
duly executed and attested; and that the said Testa=
=trix, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory and
not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to
probate, and that the same, together with the testi=
=mony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this
Court.
N. F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 297)
Description
[page 297]
[corresponds to page 231 of Delaware County Will Records Vol. 8
1887-1890]
231
Lucy A Hanawalt's Estate.
Copy of Will.
I, Lucy Ann Hanawalt wife of Charles Hana=
=walt being of sound and disposing mind and memory
and wishing while in the possession of all my
faculties to give direction as to my property and
estate, do on this 16th day of July, In The Year
of Our Lord 1888 make and publish this my last
Will and Testament.
That is to say . I wish all my just
debts if any, funeral expenses costs of last sickness
and costs of administration of my estate paid by
my Executor hereinafter named.
Second. I give devise and bequeath unto my sister Mary
J Fry in trust for the use and benefit of my
infant child and daughter Letta S. Hanawalt,
under the restrictions and limitations following
That is to say , I give and devise all my estate
of every kind and nature whether of Real personal
or mixed, of which I may die seized to my said sis=
=ter Mary J. Fry to be by her held in trust for
the said child Letta S. Hanawalt. providing said
child shall live and marry happily, but in case of
the death of said child Letta S Hanawalt or in
case of her unhappy marriage Then I will devise
and bequeath all and singular my estate to my broth=
=ers and sisters, and their heirs forever to be divided
equally between them. I have perfect and implicit
confidence in my said Sister Mary J. Fry and
believe she will faithfully carry out my wishes
and desires and I therefore leave the question as to
the time she shall turn over unto my said child
my estate and the propriety of doing so at all entirely
and solely to her expressing the wish however that if
said child shall live and become settled with a good and
kind husband, then I wish my said said estate to be
turned over to her to be hers and her heirs forever.
I direct that my said Sister be not required to give
bonds as said Trustee. In case of my decease I
wish my said Sister to have the custody care and edu=
=cation of my said child Letta S. Hanawalt, but in
case my said husband shall refuse to let this request
be carried out and shall take said child away from
my sister then I direct that no part of my estate shall
ever be taken or appropriated for the support of said child
while so living with my said husband and should he
or any one for him ever make any demand or claim
for the support of said child. Then and in that event
[corresponds to page 231 of Delaware County Will Records Vol. 8
1887-1890]
231
Lucy A Hanawalt's Estate.
Copy of Will.
I, Lucy Ann Hanawalt wife of Charles Hana=
=walt being of sound and disposing mind and memory
and wishing while in the possession of all my
faculties to give direction as to my property and
estate, do on this 16th day of July, In The Year
of Our Lord 1888 make and publish this my last
Will and Testament.
That is to say . I wish all my just
debts if any, funeral expenses costs of last sickness
and costs of administration of my estate paid by
my Executor hereinafter named.
Second. I give devise and bequeath unto my sister Mary
J Fry in trust for the use and benefit of my
infant child and daughter Letta S. Hanawalt,
under the restrictions and limitations following
That is to say , I give and devise all my estate
of every kind and nature whether of Real personal
or mixed, of which I may die seized to my said sis=
=ter Mary J. Fry to be by her held in trust for
the said child Letta S. Hanawalt. providing said
child shall live and marry happily, but in case of
the death of said child Letta S Hanawalt or in
case of her unhappy marriage Then I will devise
and bequeath all and singular my estate to my broth=
=ers and sisters, and their heirs forever to be divided
equally between them. I have perfect and implicit
confidence in my said Sister Mary J. Fry and
believe she will faithfully carry out my wishes
and desires and I therefore leave the question as to
the time she shall turn over unto my said child
my estate and the propriety of doing so at all entirely
and solely to her expressing the wish however that if
said child shall live and become settled with a good and
kind husband, then I wish my said said estate to be
turned over to her to be hers and her heirs forever.
I direct that my said Sister be not required to give
bonds as said Trustee. In case of my decease I
wish my said Sister to have the custody care and edu=
=cation of my said child Letta S. Hanawalt, but in
case my said husband shall refuse to let this request
be carried out and shall take said child away from
my sister then I direct that no part of my estate shall
ever be taken or appropriated for the support of said child
while so living with my said husband and should he
or any one for him ever make any demand or claim
for the support of said child. Then and in that event
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 298)
Description
[page 298]
[corresponds to page 232 of Delaware County Will Records Vol. 8
1887-1890]
232
Lucy A. Hanawalt's Estate.
I will devise and bequeath all and singular my
estate in equal parts to my brothers and sisters and
their heirs forever.
I nominate, constitute and appoint my
affectionate brother Frank R. Fry Executor of this
my last Will, and I direct that he be not required
to give bonds as such and I direct that no appraise=
=ment or inventory of my personal property be had.
I direct that so soon as the same can be done
without material sacrifice after my decease That
my said Executor sell my real estate Consisting of
the farm of One Hundred Acres purchased by me
from Mary Carpenter April. 3rd 1888. a full descript=
=ion of which will be found in the deed for said land
as recorded in Vol. 92. page 9 of records of deeds of Del=
=aware County, and for that purpose I hereby authorize
my said Executor to sell said premises either at
public or private sale and deeds therefor to the purchaser
to execute and deliver as fully as I could if living,
and the proceeds thereof after the payment of all expens=
=es and debts and costs as hereinbefore provided for together
with the proceeds of all personal property and any mon=
=eys on hand, I direct that he pay over into my said
sister the said Mary J. Fry to be by her held and
controlled for the uses and purposes hereinbefore mentioned
and stipulated.
In Witness Whereof I hereunto set my
hand and seal and thereby acknowledge this to be my last
Will and Testament this 16 day of July. 1888.
Lucy A. Hanawalt
Signed and sealed by the said Lucy Ann Hanawalt
in our presence and by her acknowledged to be her
last Will and by signed as witnesses in her
presence and in the presence of each other and at her
request this 16th day of July. 1888.
William Fry
F.M. Marriott.
[corresponds to page 232 of Delaware County Will Records Vol. 8
1887-1890]
232
Lucy A. Hanawalt's Estate.
I will devise and bequeath all and singular my
estate in equal parts to my brothers and sisters and
their heirs forever.
I nominate, constitute and appoint my
affectionate brother Frank R. Fry Executor of this
my last Will, and I direct that he be not required
to give bonds as such and I direct that no appraise=
=ment or inventory of my personal property be had.
I direct that so soon as the same can be done
without material sacrifice after my decease That
my said Executor sell my real estate Consisting of
the farm of One Hundred Acres purchased by me
from Mary Carpenter April. 3rd 1888. a full descript=
=ion of which will be found in the deed for said land
as recorded in Vol. 92. page 9 of records of deeds of Del=
=aware County, and for that purpose I hereby authorize
my said Executor to sell said premises either at
public or private sale and deeds therefor to the purchaser
to execute and deliver as fully as I could if living,
and the proceeds thereof after the payment of all expens=
=es and debts and costs as hereinbefore provided for together
with the proceeds of all personal property and any mon=
=eys on hand, I direct that he pay over into my said
sister the said Mary J. Fry to be by her held and
controlled for the uses and purposes hereinbefore mentioned
and stipulated.
In Witness Whereof I hereunto set my
hand and seal and thereby acknowledge this to be my last
Will and Testament this 16 day of July. 1888.
Lucy A. Hanawalt
Signed and sealed by the said Lucy Ann Hanawalt
in our presence and by her acknowledged to be her
last Will and by signed as witnesses in her
presence and in the presence of each other and at her
request this 16th day of July. 1888.
William Fry
F.M. Marriott.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 299)
Description
[page 299]
[corresponds to page 233 of Delaware County Will Records Vol. 8
1887-1890]
233
David S. Ross' Will.
Journal Entry.
July 16" 1888
In the Matter of the Will of }
David S. Ross, Deceased. }
This day, an instrument of
writing, purporting to be the last Will and Testament of
David S. Ross, late of Orange Township, in this Coun=
=ty, deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof, and of
the application to admit the same to probate and record
be given to David M. Ross and James T. Ross, heirs
and next of kin of the Testator, resident of the State of
Ohio, that said application will be for hearing before
this Court on the 16th day of August. A.D. 1888, at
1 o'clock P.M. (Martha Ross, widow having waived
notice)
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned widow of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 16 day of July. A.D. 1888.
Martha Ross.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County. ss.}
In the matter of the last Will and
Testament of David S. Ross, deceased.
To James T. Ross. & David M.
Ross:
You are hereby notified that on the 16" day of July. A.
D. 1888 an instrument of writing, purporting to be the last
Will and Testament of David S. Ross, late of Orange
Township, in said County, deceased. was produced in
open Court, and an application to admit the same to pro=
=bate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 16 day of August. A.D. 1888, at 1 o'clock P.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 16" day of July. A.D.
1888.
[corresponds to page 233 of Delaware County Will Records Vol. 8
1887-1890]
233
David S. Ross' Will.
Journal Entry.
July 16" 1888
In the Matter of the Will of }
David S. Ross, Deceased. }
This day, an instrument of
writing, purporting to be the last Will and Testament of
David S. Ross, late of Orange Township, in this Coun=
=ty, deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof, and of
the application to admit the same to probate and record
be given to David M. Ross and James T. Ross, heirs
and next of kin of the Testator, resident of the State of
Ohio, that said application will be for hearing before
this Court on the 16th day of August. A.D. 1888, at
1 o'clock P.M. (Martha Ross, widow having waived
notice)
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned widow of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 16 day of July. A.D. 1888.
Martha Ross.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County. ss.}
In the matter of the last Will and
Testament of David S. Ross, deceased.
To James T. Ross. & David M.
Ross:
You are hereby notified that on the 16" day of July. A.
D. 1888 an instrument of writing, purporting to be the last
Will and Testament of David S. Ross, late of Orange
Township, in said County, deceased. was produced in
open Court, and an application to admit the same to pro=
=bate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 16 day of August. A.D. 1888, at 1 o'clock P.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 16" day of July. A.D.
1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 300)
Description
[page 300]
[corresponds to page 234 of Delaware County Will Records Vol. 8
1887-1890]
234
David S. Ross' Will.
Return.
The State of Ohio }
Delaware County.ss. } Martha Ross, being duly sworn, says
that on the 23rd day of July.
A.D. 1888 and on the 10th day of August. A.D. 1888,
she served the within notice by delivering a true copy there=
=of to the within named James T. Ross and David M.
Ross.
Martha Ross.
Subscribed in my presence and sworn to before me this
16" day of Aug. 1888.
N.F. Overturf
{Seal} Probate Judge
Testimony of C.L. Case.
In Probate Court } In the Matter of the proving the Last
Will
Delaware County. Ohio} and Testament of Daivd S. Ross,
Deceased.
The State of Ohio }
Delaware County.ss } C.L. Case being duly sworn and
examined as a witness in the above
entitled matter, says: I was present at the execution of
the instrument now shown to me, bearing date the
10th day of July. A.D. 1883. and offered for probate as
the last Will and Testament of David S. Ross, late
of Orange Township, in said County of Delaware, de-
=ceased, and saw the said David S. Ross, now deceased,
sign and seal said instrument, and heard him acknowl=
=edge the same to be his last Will and Testament, and
I, thereupon, at his request, and in his presence, sub=
=scribed my name to the same as a witness. The said
decedent, at the time of making, signing and sealing
said instrument, was of full age, of sound mind and mem=
=ory, and not under any restraint.
C.L. Case.
Sworn to and subscribed by said witness in open Court,
this 16" day of August, A.D. 1888
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
August. 16" 1888.
In the Matter of the Will of }
David S. Ross, Deceased. } Be it remembered, that
heretofore,
to-wit: on the 16" day of July.
A.D. 1888, an instrument of writing, purporting to be
the last Will and Testament of David S. Ross, late
[corresponds to page 234 of Delaware County Will Records Vol. 8
1887-1890]
234
David S. Ross' Will.
Return.
The State of Ohio }
Delaware County.ss. } Martha Ross, being duly sworn, says
that on the 23rd day of July.
A.D. 1888 and on the 10th day of August. A.D. 1888,
she served the within notice by delivering a true copy there=
=of to the within named James T. Ross and David M.
Ross.
Martha Ross.
Subscribed in my presence and sworn to before me this
16" day of Aug. 1888.
N.F. Overturf
{Seal} Probate Judge
Testimony of C.L. Case.
In Probate Court } In the Matter of the proving the Last
Will
Delaware County. Ohio} and Testament of Daivd S. Ross,
Deceased.
The State of Ohio }
Delaware County.ss } C.L. Case being duly sworn and
examined as a witness in the above
entitled matter, says: I was present at the execution of
the instrument now shown to me, bearing date the
10th day of July. A.D. 1883. and offered for probate as
the last Will and Testament of David S. Ross, late
of Orange Township, in said County of Delaware, de-
=ceased, and saw the said David S. Ross, now deceased,
sign and seal said instrument, and heard him acknowl=
=edge the same to be his last Will and Testament, and
I, thereupon, at his request, and in his presence, sub=
=scribed my name to the same as a witness. The said
decedent, at the time of making, signing and sealing
said instrument, was of full age, of sound mind and mem=
=ory, and not under any restraint.
C.L. Case.
Sworn to and subscribed by said witness in open Court,
this 16" day of August, A.D. 1888
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
August. 16" 1888.
In the Matter of the Will of }
David S. Ross, Deceased. } Be it remembered, that
heretofore,
to-wit: on the 16" day of July.
A.D. 1888, an instrument of writing, purporting to be
the last Will and Testament of David S. Ross, late
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 301)
Description
[page 301]
[corresponds to page 235 of Delaware County Will Records Vol. 8
1887-1890]
235
David S. Ross' Will
of Orange Township, in this County, deceased, was
produced in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will and
of the application to admit the same to probate and
record in this Court, has been given to David M.
Ross and James T. Ross, heirs and next of kin of
the Testator, resident of the State of Ohio, pursuant
to a former order of this Court;
therefore, on this day came C.L. Case one of the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation
of said Will. Which testimony was reduced to writ=
=ing, by him subscribed and filed with said Will.
Henry W. Skeels the other subscribing witness fail=
=ing to appear, this cause is continued until the
18" day of August. A.D. 1888.
N.F. Overturf
Probate Judge.
Testimony of Henry W. Skeels.
In Probate Court } In the Matter of proving the last Will
and
Delaware County Ohio.} Testament of David S. Ross. Deceased.
The State of Ohio }
Delaware County,ss. } Henry W. Skeels, being duly sworn
and examined as witness in the
above entitled matter, says: I was present at the execu=
=tion of the instrument now shown to me, bearing date
the 10th day of July A.D. 1883, and offered for probate as
the last Will and Testament of David S. Ross, late
of Orange Township, in said County of Delaware, deceased.
and saw the said instrument, and heard him acknowledge the
same to be his last Will and Testament; and I, there=
=upon, at his request, and in his presence, subscribed my
name to the same as a witness. The said decedent,
at the time of making, signing and sealing said instru=
=ment, was of full age, of sound mind and memory, and
not under any restraint.
Henry W. Skeels.
Sworn to and subscribed by said witness in open
Court, this 18" day of August. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 235 of Delaware County Will Records Vol. 8
1887-1890]
235
David S. Ross' Will
of Orange Township, in this County, deceased, was
produced in open Court for probate, and was then filed.
And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will and
of the application to admit the same to probate and
record in this Court, has been given to David M.
Ross and James T. Ross, heirs and next of kin of
the Testator, resident of the State of Ohio, pursuant
to a former order of this Court;
therefore, on this day came C.L. Case one of the
subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation
of said Will. Which testimony was reduced to writ=
=ing, by him subscribed and filed with said Will.
Henry W. Skeels the other subscribing witness fail=
=ing to appear, this cause is continued until the
18" day of August. A.D. 1888.
N.F. Overturf
Probate Judge.
Testimony of Henry W. Skeels.
In Probate Court } In the Matter of proving the last Will
and
Delaware County Ohio.} Testament of David S. Ross. Deceased.
The State of Ohio }
Delaware County,ss. } Henry W. Skeels, being duly sworn
and examined as witness in the
above entitled matter, says: I was present at the execu=
=tion of the instrument now shown to me, bearing date
the 10th day of July A.D. 1883, and offered for probate as
the last Will and Testament of David S. Ross, late
of Orange Township, in said County of Delaware, deceased.
and saw the said instrument, and heard him acknowledge the
same to be his last Will and Testament; and I, there=
=upon, at his request, and in his presence, subscribed my
name to the same as a witness. The said decedent,
at the time of making, signing and sealing said instru=
=ment, was of full age, of sound mind and memory, and
not under any restraint.
Henry W. Skeels.
Sworn to and subscribed by said witness in open
Court, this 18" day of August. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 302)
Description
[page 302]
[corresponds to page 236 of Delaware County Will Records Vol. 8
1887-1890]
236
David S. Ross' Will.
Journal Entry.
August 18" 1888.
In the Matter of the Will of }
David S. Ross, deceased. }
This day came Henry W. Skeels,
the other subscribing witness to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing, by him
subscribed, and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the last
Will and Testament of said David S. Ross, deceased.
That the same was duly executed and attested; and that
the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had
therein, be entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of Will
The Will of David Steel Ross
Lewis Center Ohio July 10th 1883.
I David S. Ross of Lewis Center Delaware County and
State of Ohio, By occupation a Blacksmith, make this
my last Will.
I give devise bequeath my estate and Property as follows
that is to say.
My Real Estate situated in Lewis Center Delaware
County Ohio I give to my wife Martha Ross, during
her life to have and to hold the above real estate situated
in the above Lewis Center Delaware County Ohio,
And after the death of my wife Martha Ross, it is
my will that the above real estate shall be divided e=
=qually between my sons David M. Ross and James T.
Ross, and my Daughter Persilla J. Lampher.
And I further require that my wife Marthia Ross shall
keep the said Property in good repair.
David S. Ross {Seal}
G.L. Case }
G.W. Ridgway } Witnesses.
Henry W. Skeels.}
[corresponds to page 236 of Delaware County Will Records Vol. 8
1887-1890]
236
David S. Ross' Will.
Journal Entry.
August 18" 1888.
In the Matter of the Will of }
David S. Ross, deceased. }
This day came Henry W. Skeels,
the other subscribing witness to said Will, who being duly
sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing, by him
subscribed, and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the last
Will and Testament of said David S. Ross, deceased.
That the same was duly executed and attested; and that
the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had
therein, be entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of Will
The Will of David Steel Ross
Lewis Center Ohio July 10th 1883.
I David S. Ross of Lewis Center Delaware County and
State of Ohio, By occupation a Blacksmith, make this
my last Will.
I give devise bequeath my estate and Property as follows
that is to say.
My Real Estate situated in Lewis Center Delaware
County Ohio I give to my wife Martha Ross, during
her life to have and to hold the above real estate situated
in the above Lewis Center Delaware County Ohio,
And after the death of my wife Martha Ross, it is
my will that the above real estate shall be divided e=
=qually between my sons David M. Ross and James T.
Ross, and my Daughter Persilla J. Lampher.
And I further require that my wife Marthia Ross shall
keep the said Property in good repair.
David S. Ross {Seal}
G.L. Case }
G.W. Ridgway } Witnesses.
Henry W. Skeels.}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 303)
Description
[page 303]
[corresponds to page 237 of Delaware County Will Records Vol. 8
1887-1890]
237
Solomon W. Spohn's Will
Journal Entry.
August 28 1888.
In the Matter of the Will of }
Solomon W. Spohn, decd } This day, an instrument
of writing, purporting to be
the last Will and Testament of Solomon W. Spohn,
late of Porter Township, in this County deceased, was
produced in open Court for Probate; On Consideration
Whereof, it is ordered that the said Will be filed in
this Court, and that due notice thereof, and of the appli=
=cation to admit the same to probate and record, be given
to M.S. Reynolds, one of the heirs of the Testator
resident of the State of Ohio, that said application
will be for hearing, before this Court on the 4th day of
September. A.D. 1888, at 10 o'clock A.M.,
Elizabeth H. Spohn, widow, and S.E. Carroll, heir of
said Testator, having waived the issuing of Notice
and consented to the probate of said Will.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned widow and children of the within
named decedent, hereby waive further notice, and consent
to the probate of said Will.
Dated this 23rd day of June. A.D. 1888
Elizabeth H. Spohn, Widow
S.E. Carroll.
M.S. Reynolds. Dated this 4" Sept. 1888.
Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss.}
Personally appeared in open Court
John K. Haiden and William Penhorwood the subscrib=
=ing witnesses to the last Will and Testament of Solomon
W. Spohn, late of Porter Township in said Delaware
County, deceased, who being duly sworn according to law
to speak the truth, the whole truth and nothing but the
truth, in relation to the execution of said Will, depose and
say: That the paper before them bearing date the 24th
day of September. A.D. 1886, purporting to be the last
Will and Testament of Solomon W. Spohn now de=
=ceased, is the Will of said deceased Solomon W. Spohn,
that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
[corresponds to page 237 of Delaware County Will Records Vol. 8
1887-1890]
237
Solomon W. Spohn's Will
Journal Entry.
August 28 1888.
In the Matter of the Will of }
Solomon W. Spohn, decd } This day, an instrument
of writing, purporting to be
the last Will and Testament of Solomon W. Spohn,
late of Porter Township, in this County deceased, was
produced in open Court for Probate; On Consideration
Whereof, it is ordered that the said Will be filed in
this Court, and that due notice thereof, and of the appli=
=cation to admit the same to probate and record, be given
to M.S. Reynolds, one of the heirs of the Testator
resident of the State of Ohio, that said application
will be for hearing, before this Court on the 4th day of
September. A.D. 1888, at 10 o'clock A.M.,
Elizabeth H. Spohn, widow, and S.E. Carroll, heir of
said Testator, having waived the issuing of Notice
and consented to the probate of said Will.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned widow and children of the within
named decedent, hereby waive further notice, and consent
to the probate of said Will.
Dated this 23rd day of June. A.D. 1888
Elizabeth H. Spohn, Widow
S.E. Carroll.
M.S. Reynolds. Dated this 4" Sept. 1888.
Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss.}
Personally appeared in open Court
John K. Haiden and William Penhorwood the subscrib=
=ing witnesses to the last Will and Testament of Solomon
W. Spohn, late of Porter Township in said Delaware
County, deceased, who being duly sworn according to law
to speak the truth, the whole truth and nothing but the
truth, in relation to the execution of said Will, depose and
say: That the paper before them bearing date the 24th
day of September. A.D. 1886, purporting to be the last
Will and Testament of Solomon W. Spohn now de=
=ceased, is the Will of said deceased Solomon W. Spohn,
that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 304)
Description
[page 304]
[corresponds to page 238 of Delaware County Will Records Vol. 8 1887-1890]
238
Solomon W. Spohn's Will,
their names to the same as witnesses, in his presence;
that they saw the said Solomon W. Spohn, deceased
sign and seal said Will, and heard him acknowledge
the same to be his last Will and Testament, and that
the said Solomon W. Spohn at the time of making, sign=
=ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
John K. Haiden
Wm Penhorwood.
Sworn to and subscribed by said witnesses, in open court
this 4th day of September. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
Sept. 4 1888.
In the Matter of the Will }
of Solomon W. Spohn, decd } Be it remembered, that here=
tofore, to-wit: on the 28" day of
August. A.D. 1888, an instrument of writing, purporting
to be the last Will and Testament of Solomon W.
Spohn, late of Porter Township, in this County, deceased,
was produced in open Court for probate, and was then filed.
And it appearing to the Court that Elizabeth H. Spohn
widow, and S.E. Carroll and M.S. Reynolds the heirs and
next of kin of the Testator, resident of the State of Ohio,
have each waived notice and consented to the probate of
said Will, therefore on this day came John K. Haiden
and Wm. Penhorwood the subscribing witnesses to said
Will, who being duly sworn, testified to the due exe=
=cution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last
Will and Testament of said Solomon W. Spohn, deceased,
That the same was duly executed and attested; and that
the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testi=
=mony of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
[corresponds to page 238 of Delaware County Will Records Vol. 8 1887-1890]
238
Solomon W. Spohn's Will,
their names to the same as witnesses, in his presence;
that they saw the said Solomon W. Spohn, deceased
sign and seal said Will, and heard him acknowledge
the same to be his last Will and Testament, and that
the said Solomon W. Spohn at the time of making, sign=
=ing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
John K. Haiden
Wm Penhorwood.
Sworn to and subscribed by said witnesses, in open court
this 4th day of September. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
Sept. 4 1888.
In the Matter of the Will }
of Solomon W. Spohn, decd } Be it remembered, that here=
tofore, to-wit: on the 28" day of
August. A.D. 1888, an instrument of writing, purporting
to be the last Will and Testament of Solomon W.
Spohn, late of Porter Township, in this County, deceased,
was produced in open Court for probate, and was then filed.
And it appearing to the Court that Elizabeth H. Spohn
widow, and S.E. Carroll and M.S. Reynolds the heirs and
next of kin of the Testator, resident of the State of Ohio,
have each waived notice and consented to the probate of
said Will, therefore on this day came John K. Haiden
and Wm. Penhorwood the subscribing witnesses to said
Will, who being duly sworn, testified to the due exe=
=cution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last
Will and Testament of said Solomon W. Spohn, deceased,
That the same was duly executed and attested; and that
the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testi=
=mony of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 305)
Description
[page 305]
[corresponds to page 239 of Delaware County Will Records Vol. 8
1887-1890]
239
Solomon W. Spohn's Will.
Copy of Will
I, S.W. Sphon of the Township of Porter and County
of Delaware and State of Ohio, do make and pub=
=lish this my last will and testament in manner
and form following.
That is to say,
Item 1 I give, devise, and bequeath to my beloved wife Eliza=
=beth H. Sphon, all my property both personal and
real, to have as her own, and so dispose of the same,
at her death, as she may see proper. She to pay
all my legal and just debts.
In witness whereof I have
hereunto affixed my hand and seal, as my last
will and testament this 24th day of September.
1886.
Solomon W. Spohn {Seal}
Signed and delivered in the presence of us, who have
subscribed in the presence of each other.
John K. Haiden } P.O.
William Penhorwood }
Centerburg O
[corresponds to page 239 of Delaware County Will Records Vol. 8
1887-1890]
239
Solomon W. Spohn's Will.
Copy of Will
I, S.W. Sphon of the Township of Porter and County
of Delaware and State of Ohio, do make and pub=
=lish this my last will and testament in manner
and form following.
That is to say,
Item 1 I give, devise, and bequeath to my beloved wife Eliza=
=beth H. Sphon, all my property both personal and
real, to have as her own, and so dispose of the same,
at her death, as she may see proper. She to pay
all my legal and just debts.
In witness whereof I have
hereunto affixed my hand and seal, as my last
will and testament this 24th day of September.
1886.
Solomon W. Spohn {Seal}
Signed and delivered in the presence of us, who have
subscribed in the presence of each other.
John K. Haiden } P.O.
William Penhorwood }
Centerburg O
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 306)
Description
[page 306]
[corresponds to page 240 of Delaware County Will Records Vol. 8
1887-1890]
240
4369 Richard Franklin's Estate.
Journal Entry.
August 29" 1888.
In the Matter of the Will of }
Richard Franklin, decd } This day, an instrument
of writing, purporting to be
the last Will and Testament, late of Scioto Town=
=ship, in this County, deceased, was produced in open
Court for Probate. On Consideration Whereof, it
is ordered that the said Will be filed in this Court,
and that due notice thereof, and of the application to ad=
=mit the same to probate and record, be given to Fanny
Burkepile and David Franklin heirs and next of
kin of the Testator, resident of the State of Ohio, that
said application will be for hearing before this Court
on the 8th day of September. A.D. 1888, at 10
o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss.}
In the matter of the last Will
and Testament of Richard Franklin, decd
To Fanny Burke=
=pile and David W. Franklin:
You are hereby notified
that on the 29" day of August. A.D. 1888, an
instrument of writing, purporting to be the last Will
and Testament of Richard Franklin, late of Scioto
Township, in said County, deceased, was produced in
open Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 8th day of September A.D. 1888 at 10 o'clock A.
M. N.F. Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 29th day of August
A.D. 1888.
Return
The State of Ohio }
Delaware County,ss. } A.W. Franklin being duly sworn
says that on the 8th day of Septem=
=ber. A.D. 1888, he served the within notice by delivering a
true copy thereof to the within named Fanny Burkepile
and David W. Franklin.
A.W. Franklin.
[corresponds to page 240 of Delaware County Will Records Vol. 8
1887-1890]
240
4369 Richard Franklin's Estate.
Journal Entry.
August 29" 1888.
In the Matter of the Will of }
Richard Franklin, decd } This day, an instrument
of writing, purporting to be
the last Will and Testament, late of Scioto Town=
=ship, in this County, deceased, was produced in open
Court for Probate. On Consideration Whereof, it
is ordered that the said Will be filed in this Court,
and that due notice thereof, and of the application to ad=
=mit the same to probate and record, be given to Fanny
Burkepile and David Franklin heirs and next of
kin of the Testator, resident of the State of Ohio, that
said application will be for hearing before this Court
on the 8th day of September. A.D. 1888, at 10
o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County,ss.}
In the matter of the last Will
and Testament of Richard Franklin, decd
To Fanny Burke=
=pile and David W. Franklin:
You are hereby notified
that on the 29" day of August. A.D. 1888, an
instrument of writing, purporting to be the last Will
and Testament of Richard Franklin, late of Scioto
Township, in said County, deceased, was produced in
open Court, and an application to admit the same to
probate was on the same day made in said Court.
Said application will be for hearing before this Court
on the 8th day of September A.D. 1888 at 10 o'clock A.
M. N.F. Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 29th day of August
A.D. 1888.
Return
The State of Ohio }
Delaware County,ss. } A.W. Franklin being duly sworn
says that on the 8th day of Septem=
=ber. A.D. 1888, he served the within notice by delivering a
true copy thereof to the within named Fanny Burkepile
and David W. Franklin.
A.W. Franklin.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 307)
Description
[page 307]
[corresponds to page 241 of Delaware County Will Records Vol. 8
1887-1890]
241
Richard Franklin's Estate.
Subscribed in my presence and sworn to before me this
12th day of Sept. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
Sept. 8" 1888.
In the Matter of the Will }
of Richard Franklin, decd } On application of A.W. Frank=
lin, the hearing of said Will
is continued until Wednesday, the 12 day of Sept=
=ember. A.D. 1888. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Probate of Will.
The State of Ohio } In Probate Court
Delaware County,ss. }
Personally appeared in open Court
J.H. Hutton and W.C. Griffith the subscribing wit=
=nesses to the last Will and Testament of Richard
Franklin, late of Scioto Township in said Dela=
=ware County, deceased; who being duly sworn ac=
=cording to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution
of said Will, depose and say: That the paper before
bearing date the 25" day of June. A.D. 1888,
purporting to be the last Will and Testament of
Richard Franklin now deceased, is the Will of said
deceased Richard Franklin, that they were present
at the execution of said Will, and at the request of
the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw
the said Richard Franklin deceased sign said
Will, and heard him acknowledge the same to be
his last will and Testament, and that the said
Richard Franklin at the time of making and sign=
=ing said Will, was of full age, of sound mind and
memory, and not under any restraint.
J.H.Hutton
W.C. Griffith
Sworn to and subscribed by said witnesses, in open
Court, this 12th day of September. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 241 of Delaware County Will Records Vol. 8
1887-1890]
241
Richard Franklin's Estate.
Subscribed in my presence and sworn to before me this
12th day of Sept. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
Sept. 8" 1888.
In the Matter of the Will }
of Richard Franklin, decd } On application of A.W. Frank=
lin, the hearing of said Will
is continued until Wednesday, the 12 day of Sept=
=ember. A.D. 1888. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Probate of Will.
The State of Ohio } In Probate Court
Delaware County,ss. }
Personally appeared in open Court
J.H. Hutton and W.C. Griffith the subscribing wit=
=nesses to the last Will and Testament of Richard
Franklin, late of Scioto Township in said Dela=
=ware County, deceased; who being duly sworn ac=
=cording to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution
of said Will, depose and say: That the paper before
bearing date the 25" day of June. A.D. 1888,
purporting to be the last Will and Testament of
Richard Franklin now deceased, is the Will of said
deceased Richard Franklin, that they were present
at the execution of said Will, and at the request of
the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw
the said Richard Franklin deceased sign said
Will, and heard him acknowledge the same to be
his last will and Testament, and that the said
Richard Franklin at the time of making and sign=
=ing said Will, was of full age, of sound mind and
memory, and not under any restraint.
J.H.Hutton
W.C. Griffith
Sworn to and subscribed by said witnesses, in open
Court, this 12th day of September. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 308)
Description
[page 308]
[corresponds to page 242 of Delaware County Will Records Vol. 8
1887-1890]
242
Richard Franklin's Estate
Journal Entry
Sept. 12" 1888
In the Matter of the Will of }
Richard Franklin, decd } Be it remembered, that here=
tofore, to-wit: on the 29th day
of August. A.D. 1888, an instrument of writing, pur=
=porting to be the last Will and Testament of Rich=
=ard Franklin, late of Scioto Township in this County
deceased, was produced in open Court for probate, and
was then filed. And, it now being shown to the
satisfaction of the Court, that due notice of the fil=
=ing of said Will, and of the application to admit
the same to probate and record in this Court, has
been given to Fanny Burkepile and David W.
Franklin, heirs and next of kin of the Testator,
resident of the State of Ohio, pursuant to a former
order of this Court; therefore, on this day came J.H.
Hutton and W.C. Griffith the subscribing wit=
=nesses to said Will, who being duly sworn, tes=
=tified to the due execution and attestation of said
Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Richard Franklin, deceased. That the same
was duly executed and attested; and that the said Tes=
=tator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the court
ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of
of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
The last Will and Testament of Richard Franklin,
On this twenty fifth day of June. A.D. 1888, I
Richard Franklin do make and publish this my
last Will and Testament.
Item 1st I will and devise and do hereby give to Arad W.
Franklin the Eight Hundred Dollars which is now
in his hands and for said amount I hold his the said
A.W. Franklin promissory note dated the 8th day of
[corresponds to page 242 of Delaware County Will Records Vol. 8
1887-1890]
242
Richard Franklin's Estate
Journal Entry
Sept. 12" 1888
In the Matter of the Will of }
Richard Franklin, decd } Be it remembered, that here=
tofore, to-wit: on the 29th day
of August. A.D. 1888, an instrument of writing, pur=
=porting to be the last Will and Testament of Rich=
=ard Franklin, late of Scioto Township in this County
deceased, was produced in open Court for probate, and
was then filed. And, it now being shown to the
satisfaction of the Court, that due notice of the fil=
=ing of said Will, and of the application to admit
the same to probate and record in this Court, has
been given to Fanny Burkepile and David W.
Franklin, heirs and next of kin of the Testator,
resident of the State of Ohio, pursuant to a former
order of this Court; therefore, on this day came J.H.
Hutton and W.C. Griffith the subscribing wit=
=nesses to said Will, who being duly sworn, tes=
=tified to the due execution and attestation of said
Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament
of said Richard Franklin, deceased. That the same
was duly executed and attested; and that the said Tes=
=tator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the court
ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of
of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
The last Will and Testament of Richard Franklin,
On this twenty fifth day of June. A.D. 1888, I
Richard Franklin do make and publish this my
last Will and Testament.
Item 1st I will and devise and do hereby give to Arad W.
Franklin the Eight Hundred Dollars which is now
in his hands and for said amount I hold his the said
A.W. Franklin promissory note dated the 8th day of
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 309)
Description
[page 309]
[corresponds to page 243 of Delaware County Will Records Vol. 8
1887-1890]
243
Richard Franklin's Will
March 1887, & calling for Eight Hundred Dollars,
due one year after date at 6 pr inst said note being
secured by mortgage on the said A.W. Franklins
present homestead in the Village of Ostrander, Del=
=aware County, O. After my decease - the said
A.W. Franklin is hereby authorized to cancel the
same.
In testimony whereof I have set my signature
this 25 day of June. 1888.
Richard Franklin.
Signed by said Richard Franklin in our presence
& signed by us as witnesses in his presence.
J.H. Hutton
W.C.Griffith
[corresponds to page 243 of Delaware County Will Records Vol. 8
1887-1890]
243
Richard Franklin's Will
March 1887, & calling for Eight Hundred Dollars,
due one year after date at 6 pr inst said note being
secured by mortgage on the said A.W. Franklins
present homestead in the Village of Ostrander, Del=
=aware County, O. After my decease - the said
A.W. Franklin is hereby authorized to cancel the
same.
In testimony whereof I have set my signature
this 25 day of June. 1888.
Richard Franklin.
Signed by said Richard Franklin in our presence
& signed by us as witnesses in his presence.
J.H. Hutton
W.C.Griffith
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 310)
Description
[page 310]
[corresponds to page 244 of Delaware County Will Records Vol. 8
1887-1890]
244
Joshua Klein's Will
Journal Entry.
Sept. 19" 1888.
In the Matter of the Will }
of Joshua Klein, decd } This day, an instrument of
writing, purporting to be the
last Will and Testament of Joshua Klein, late of Del=
=aware Township, in this County, deceased, was produced
in open Court for Probate, On Consideration Whereof,
it is ordered that the said Will be filed in this Court
And thereupon came Isabella Stout - Benjamin
H. Klein and Permelia Olmsted heirs of the Testator,
resident of the State of Ohio, and in writing, each
waived further notice and consented to the probate of said
Will; therefore, came Harvey J. McCullough and
Jno. E McCullough, the subscribing witnesses to said
Will, who being duly sworn, testified to the due ex=
=ecution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will
and Testament of said Joshua Klein, deceased, That
the same was duly executed and attested; and that
the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory
and not under any restraint. It is, therefore, by the Court
ordered that the Will be admitted to probate and
that the same, together with the testimony of the witness=
=es above named, as well as the proceedings had thereon
be entered of record in this Court.
N.F. Overturf
Probate Judge
Waiver.
We, the undersigned next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of
said Will
Dated this 19" day of September. A.D. 1888.
Isabella Stout
Benjamin H. Klein
Permelia Olmsted.
Probate of Will.
The State of Ohio } In Probate Court
Delaware County,ss. }
Personally appeared in open Court
Harvey J. McCullough and Jno E.McCullough the
subscribing witnesses to the last Will and Testament of
Joshua Klein, late of Delaware Township in said Del=
[corresponds to page 244 of Delaware County Will Records Vol. 8
1887-1890]
244
Joshua Klein's Will
Journal Entry.
Sept. 19" 1888.
In the Matter of the Will }
of Joshua Klein, decd } This day, an instrument of
writing, purporting to be the
last Will and Testament of Joshua Klein, late of Del=
=aware Township, in this County, deceased, was produced
in open Court for Probate, On Consideration Whereof,
it is ordered that the said Will be filed in this Court
And thereupon came Isabella Stout - Benjamin
H. Klein and Permelia Olmsted heirs of the Testator,
resident of the State of Ohio, and in writing, each
waived further notice and consented to the probate of said
Will; therefore, came Harvey J. McCullough and
Jno. E McCullough, the subscribing witnesses to said
Will, who being duly sworn, testified to the due ex=
=ecution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will
and Testament of said Joshua Klein, deceased, That
the same was duly executed and attested; and that
the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory
and not under any restraint. It is, therefore, by the Court
ordered that the Will be admitted to probate and
that the same, together with the testimony of the witness=
=es above named, as well as the proceedings had thereon
be entered of record in this Court.
N.F. Overturf
Probate Judge
Waiver.
We, the undersigned next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of
said Will
Dated this 19" day of September. A.D. 1888.
Isabella Stout
Benjamin H. Klein
Permelia Olmsted.
Probate of Will.
The State of Ohio } In Probate Court
Delaware County,ss. }
Personally appeared in open Court
Harvey J. McCullough and Jno E.McCullough the
subscribing witnesses to the last Will and Testament of
Joshua Klein, late of Delaware Township in said Del=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 311)
Description
[page 311]
[corresponds to page 245 of Delaware County Will Records Vol. 8
1887-1890]
11:14 AM 3/3/2016
245
Joshua Klein's Will
=aware County, deceased; who being duly sworn according
to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing date
the 29" day of May. A.D. 1888. purporting to be the
last Will and Testament of Joshua Klein now de=
=ceased, is the Will of said deceased Joshua Klein,
that they were present at the execution of said Will, and
at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that
they saw the said Joshua Klein deceased sign and
seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said
Joshua Klein at the time of making, signing and seal=
=ing said WIll, was of full age, of sound mind and
memory, and not under any restraint.
Harvey J.McCullough
Jno. E. McCullough
Sworn to and subscribed by said witnesses, in open
Court, this 19" day of Sept. A.D. 1888.
N. F. Overturf
{Seal} Probate Judge.
Copy of Will.
In the name of the Father, Son and Holy Ghost, I. Joshua
Klein, being in ill health, but of sound and disposing mind
and memory, do make this my last will and testament.
I give my soul and body to almighty God who gave
them and pray Him to be the Protector and Defense of my
children, as He has been to me.
I desire to be buried by the side of the mortal remains
of my sainted wife, on my lot in Oak Grove Cemetery.
and further, that a suitable tomb stone, (costing about $60.)
be erected on said lot if not put up by myself.
I direct that all the expenses incurred by my death
and burial, together with the cost of the tomb stone aforesaid,
be paid out of two notes which I hold against B.H. and
Minerva Klein, and which fall due on April.1. 1888 and
April 1. 1889 respectively. Should there be a balance left
on these notes, after these expenses are paid, I direct that
such balance be divided equally among my four children
Isabella Stout, Jacob L. Klein, B.H. Klein, and
Permelia Brown.
As to the remainder of my worldly estate and all the prop=
=erty, real and personal, of which I shall die seized and pos=
=sessed. I devise, bequeath and dispose thereof in the manner
following, to-wit:
I give and bequeath to my daughter, Isabella Stout,
[corresponds to page 245 of Delaware County Will Records Vol. 8
1887-1890]
11:14 AM 3/3/2016
245
Joshua Klein's Will
=aware County, deceased; who being duly sworn according
to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing date
the 29" day of May. A.D. 1888. purporting to be the
last Will and Testament of Joshua Klein now de=
=ceased, is the Will of said deceased Joshua Klein,
that they were present at the execution of said Will, and
at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that
they saw the said Joshua Klein deceased sign and
seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said
Joshua Klein at the time of making, signing and seal=
=ing said WIll, was of full age, of sound mind and
memory, and not under any restraint.
Harvey J.McCullough
Jno. E. McCullough
Sworn to and subscribed by said witnesses, in open
Court, this 19" day of Sept. A.D. 1888.
N. F. Overturf
{Seal} Probate Judge.
Copy of Will.
In the name of the Father, Son and Holy Ghost, I. Joshua
Klein, being in ill health, but of sound and disposing mind
and memory, do make this my last will and testament.
I give my soul and body to almighty God who gave
them and pray Him to be the Protector and Defense of my
children, as He has been to me.
I desire to be buried by the side of the mortal remains
of my sainted wife, on my lot in Oak Grove Cemetery.
and further, that a suitable tomb stone, (costing about $60.)
be erected on said lot if not put up by myself.
I direct that all the expenses incurred by my death
and burial, together with the cost of the tomb stone aforesaid,
be paid out of two notes which I hold against B.H. and
Minerva Klein, and which fall due on April.1. 1888 and
April 1. 1889 respectively. Should there be a balance left
on these notes, after these expenses are paid, I direct that
such balance be divided equally among my four children
Isabella Stout, Jacob L. Klein, B.H. Klein, and
Permelia Brown.
As to the remainder of my worldly estate and all the prop=
=erty, real and personal, of which I shall die seized and pos=
=sessed. I devise, bequeath and dispose thereof in the manner
following, to-wit:
I give and bequeath to my daughter, Isabella Stout,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 312)
Description
[page 312]
[corresponds to page 246 of Delaware County Will Records Vol. 8
1887-1890]
246
Joshua Klein's Will
all my furniture and household goods, and also two notes which
I hold against B.H. and Minerva Klein, falling due on April
1, 1890, and April. 1. 1891. respectively, to be for the sole use of
herself and her children.
I give and bequeath to my son, Jacob L. Klein, the remain:
=ing three notes which I hold against B. H. and Minerva
Klein, falling due on April. 1. 1892. April 1. 1893. and April 1.
1894, respectively.
I give and bequeath to my two daughters, Isabella Stout
and Pirmilia Brown, my house and lot situated on Henry
St. in the City of Delaware, the deed of which my exec=
=tor, hereinafter named, shall take, and have the same record:
=ed, and handed over to my two daughters aforesaid.
It is my desire and request that, as soon after
my decease as shall be deemed convenient and proper, my
heirs herein named shall without any process of law, make
an amicable and peaceable disposition of my property
according to the provisions and directions of this my last
will and testament. Should they, or any of them, refuse to
accede to this request, my executor, hereinafter named,
shall proceed with this instrument according to law.
And lastly I do appoint my son Jacob L.
Klein, to be the executor of this my last will and testa=
=ment.
In testimony whereof, I, the said Joshua Klein
have to this my last will and testament subscribed my
name and affixed my seal this 29th day of May, in
the year of our Lord one thousand eight hundred and
eighty eight.
Joshua Klein. {Seal}
Signed, sealed and declared by the said Joshua Klein
as his last will and testament in the presence of us,
who, at his request and in his presence and in the pres=
=ence of each other, have subscribed our names as witness
=es thereto.
Harvey J. McCullough
Jno. E. McCullough
[corresponds to page 246 of Delaware County Will Records Vol. 8
1887-1890]
246
Joshua Klein's Will
all my furniture and household goods, and also two notes which
I hold against B.H. and Minerva Klein, falling due on April
1, 1890, and April. 1. 1891. respectively, to be for the sole use of
herself and her children.
I give and bequeath to my son, Jacob L. Klein, the remain:
=ing three notes which I hold against B. H. and Minerva
Klein, falling due on April. 1. 1892. April 1. 1893. and April 1.
1894, respectively.
I give and bequeath to my two daughters, Isabella Stout
and Pirmilia Brown, my house and lot situated on Henry
St. in the City of Delaware, the deed of which my exec=
=tor, hereinafter named, shall take, and have the same record:
=ed, and handed over to my two daughters aforesaid.
It is my desire and request that, as soon after
my decease as shall be deemed convenient and proper, my
heirs herein named shall without any process of law, make
an amicable and peaceable disposition of my property
according to the provisions and directions of this my last
will and testament. Should they, or any of them, refuse to
accede to this request, my executor, hereinafter named,
shall proceed with this instrument according to law.
And lastly I do appoint my son Jacob L.
Klein, to be the executor of this my last will and testa=
=ment.
In testimony whereof, I, the said Joshua Klein
have to this my last will and testament subscribed my
name and affixed my seal this 29th day of May, in
the year of our Lord one thousand eight hundred and
eighty eight.
Joshua Klein. {Seal}
Signed, sealed and declared by the said Joshua Klein
as his last will and testament in the presence of us,
who, at his request and in his presence and in the pres=
=ence of each other, have subscribed our names as witness
=es thereto.
Harvey J. McCullough
Jno. E. McCullough
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 313)
Description
[page 313]
[corresponds to page 247 of Delaware County Will Records Vol. 8
1887-1890]
247
James Lampman's Will.
Journal Entry.
October 9 1888.
In the Matter of the Will
of James Lampman. Decd
This day, an instrument of
writing, purporting to be the last Will and Testament
of James Lampman, late of Berkshire Township, in
this County, deceased, was produced in open Court
for Probate; On Consideration Whereof, it is order=
:ed that the said Will be filed in this Court.
And the hearing of said Will is set for the 15 day
of October. A.D. 1888. at 11 o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned widow of the within named decedent
hereby waive further notice, and consent to the probate
of said Will.
Dated this 15 day of October. A.D.1888.
Mary Lampman
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court
George J. Roberts and Arthur W. Neilson the subscrib=
=ing witness to the last Will and Testament of James
Lampman late of Berkshire Township in said Delaware
County, deceased; who being duly sworn according to law,
to speak the truth, the whole truth and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the
1st day of October A.D. 1888, purporting to be the last
Will and Testament of James Lampman now deceased,
is the Will of said deceased, James Lampman.
that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence;
that they saw the said James Lampman deceased, sign
and seal said Will and heard him acknowledge the
same to be his last Will and Testament, and that the
said James Lampman at the time of making, signing
and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint..
George J. Roberts
Arthur W. Neilson.
[corresponds to page 247 of Delaware County Will Records Vol. 8
1887-1890]
247
James Lampman's Will.
Journal Entry.
October 9 1888.
In the Matter of the Will
of James Lampman. Decd
This day, an instrument of
writing, purporting to be the last Will and Testament
of James Lampman, late of Berkshire Township, in
this County, deceased, was produced in open Court
for Probate; On Consideration Whereof, it is order=
:ed that the said Will be filed in this Court.
And the hearing of said Will is set for the 15 day
of October. A.D. 1888. at 11 o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned widow of the within named decedent
hereby waive further notice, and consent to the probate
of said Will.
Dated this 15 day of October. A.D.1888.
Mary Lampman
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court
George J. Roberts and Arthur W. Neilson the subscrib=
=ing witness to the last Will and Testament of James
Lampman late of Berkshire Township in said Delaware
County, deceased; who being duly sworn according to law,
to speak the truth, the whole truth and nothing but the
truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the
1st day of October A.D. 1888, purporting to be the last
Will and Testament of James Lampman now deceased,
is the Will of said deceased, James Lampman.
that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence;
that they saw the said James Lampman deceased, sign
and seal said Will and heard him acknowledge the
same to be his last Will and Testament, and that the
said James Lampman at the time of making, signing
and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint..
George J. Roberts
Arthur W. Neilson.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 314)
Description
[page 314]
[corresponds to page 248 of Delaware County Will Records Vol. 8
1887-1890]
248
James Lampman's Will
Sworn to and subscribed by said witnesses, in open
Court, this 15 day of October. A.D.1888.
N.F. Overturf
{Seal} Probate Judge,
Journal Entry.
October 15 1888.
In the Matter of the Will of
James Lampman, decd
Be it remembered, that
heretofore
to-wit: on the 9 day of October. A.D.1888, an instrument
of writing, purporting to be the last Will and Testament
of James Lampman, late of Berkshire Township, in
this County, deceased, was produced in open Court for
probate, and was then filed. And, it now appearing that
Mary A. Lampman, widow of said Testator, has in
writing, waived further notice, and consented to the pro=
=bate of said Will, there being no next of kin resident
of the State of Ohio, - Therefore, on this day, came
George J. Roberts and Arthur W. Neilson the sub=
=scribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will, where:
=upon the Court finds that the aforesaid instrument of writing
is the last Will and testament of said James Lampman,
deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, sign=
=ing and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint. It is, there:
=fore, by the Court ordered, that the said Will be admit:
=ted to probate, and that the same, together with the testi=
=mony of the witnesses above named, as well as the pro:
:ceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All, I
James Lampman of Berkshire Township. Delaware
County Ohio, do make and publish this my last will
and testament.
First. It is my will that my just debts and all charg:
=es be paid out of my estate.
I give and devise all the residue of my estate in:
[corresponds to page 248 of Delaware County Will Records Vol. 8
1887-1890]
248
James Lampman's Will
Sworn to and subscribed by said witnesses, in open
Court, this 15 day of October. A.D.1888.
N.F. Overturf
{Seal} Probate Judge,
Journal Entry.
October 15 1888.
In the Matter of the Will of
James Lampman, decd
Be it remembered, that
heretofore
to-wit: on the 9 day of October. A.D.1888, an instrument
of writing, purporting to be the last Will and Testament
of James Lampman, late of Berkshire Township, in
this County, deceased, was produced in open Court for
probate, and was then filed. And, it now appearing that
Mary A. Lampman, widow of said Testator, has in
writing, waived further notice, and consented to the pro=
=bate of said Will, there being no next of kin resident
of the State of Ohio, - Therefore, on this day, came
George J. Roberts and Arthur W. Neilson the sub=
=scribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will, where:
=upon the Court finds that the aforesaid instrument of writing
is the last Will and testament of said James Lampman,
deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, sign=
=ing and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint. It is, there:
=fore, by the Court ordered, that the said Will be admit:
=ted to probate, and that the same, together with the testi=
=mony of the witnesses above named, as well as the pro:
:ceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All, I
James Lampman of Berkshire Township. Delaware
County Ohio, do make and publish this my last will
and testament.
First. It is my will that my just debts and all charg:
=es be paid out of my estate.
I give and devise all the residue of my estate in:
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 315)
Description
[page 315]
[corresponds to page 249 of Delaware County Will Records Vol. 8
1887-1890]
249
James Lampman's Will
=cluding the farm on which we now reside Situate
in Berkshire Township. Delaware County and State
of Ohio and known as being in Range 17. Township
4. Section 2. Lot No 6. Containing one hundred and fif=
=ty five and 3/4 acres of land and is the same land con=
=veyed by James Guiley by Deed to the said James Lamp:
=man on the 21st day of April. 1866. and Recorded June
14 1866 in Delaware County Records. Volume 54.
Page 459. to which reference is made. for greater certain=
=ty, and also a tract of 3/4 of an acre in said Township
and County. Range and Section and is a part of
lot five and was conveyed by Deed from Thacker W.
Hedges to said James Lampman on March 21 1874
and Recorded March 25 1874. in Delaware Coun:
=ty Records Vol. 66. Page 205. to Mary A. Lampman
my beloved wife.
I do hereby nominate and appoint the said Mary A.
Lampman. Executrix of this my last will and testament
hereby authorizing and empowering her to compromise,
adjust release and discharge in such manner as she
may deem proper that debts and claims due me,
I do also authorize and empower her if it shall become
necessary in order to pay my debts to sell by private
sale or in such manner. upon such terms of credit or
otherwise as she may think proper all or any part of
my real estate and deeds to purchasers to execute
acknowledge and deliver in fee simple.
I desire that no appraisement and no sale of my
personal property be made but that my Executrix be,
authorized to dispose of the same as she may deem best
and that she be not required to give bond.
In testimony hereof,
I have hereunto set my hand and seal this first
day of October in the year 1888.
James Lampman {Seal}
Signed and acknowledged by said James Lampman -
as his last will and testament in our presence and signed
by us in his presence.
George J. Roberts
Arthur W. Neilson
[corresponds to page 249 of Delaware County Will Records Vol. 8
1887-1890]
249
James Lampman's Will
=cluding the farm on which we now reside Situate
in Berkshire Township. Delaware County and State
of Ohio and known as being in Range 17. Township
4. Section 2. Lot No 6. Containing one hundred and fif=
=ty five and 3/4 acres of land and is the same land con=
=veyed by James Guiley by Deed to the said James Lamp:
=man on the 21st day of April. 1866. and Recorded June
14 1866 in Delaware County Records. Volume 54.
Page 459. to which reference is made. for greater certain=
=ty, and also a tract of 3/4 of an acre in said Township
and County. Range and Section and is a part of
lot five and was conveyed by Deed from Thacker W.
Hedges to said James Lampman on March 21 1874
and Recorded March 25 1874. in Delaware Coun:
=ty Records Vol. 66. Page 205. to Mary A. Lampman
my beloved wife.
I do hereby nominate and appoint the said Mary A.
Lampman. Executrix of this my last will and testament
hereby authorizing and empowering her to compromise,
adjust release and discharge in such manner as she
may deem proper that debts and claims due me,
I do also authorize and empower her if it shall become
necessary in order to pay my debts to sell by private
sale or in such manner. upon such terms of credit or
otherwise as she may think proper all or any part of
my real estate and deeds to purchasers to execute
acknowledge and deliver in fee simple.
I desire that no appraisement and no sale of my
personal property be made but that my Executrix be,
authorized to dispose of the same as she may deem best
and that she be not required to give bond.
In testimony hereof,
I have hereunto set my hand and seal this first
day of October in the year 1888.
James Lampman {Seal}
Signed and acknowledged by said James Lampman -
as his last will and testament in our presence and signed
by us in his presence.
George J. Roberts
Arthur W. Neilson
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 316)
Description
[page 316]
[corresponds to page 250 of Delaware County Will Records Vol. 8
1887-1890]
250
Isaac Vansickle's Will
4398 Journal Entry.
October. 12 1888.
In the Matter of the Will of }
Isaac Vansickle, deceased, } This day an instrument of
writing, purporting to be the
last Will and Testament of Isaac Vansickle, late of
Kingston Township, in this County, deceased, was pro:
=duced in open Court for Probate ; On Consideration
Whereof, it is ordered that the said Will be filed in this
Court, and that due notice. thereof , and of the application
to admit the same to probate and record, be given to Mary
A. Vansickle his widow, and A. A. Vansickle and Ber:
=tie L. Brown heirs and next of kin of the Testator, resi:
=dent of the State of Ohio, that said application will
be for hearing before this Court on the 18 day of Octo:
=ber. A.D. 1888, at 10 o'clock A.M.
M.D. Vansickle heir of said Testator, this day waived
notice, and consented to the probate of said Will.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned, next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 12 day of October. A.D.1888
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and
Testament of Isaac Vansickle, deceased.
To A. A. Vansickle_ Bertie L.
Brown and Mary A. Vansickle.
| You are hereby notified that on the
12 day of October. A.D. 1888, an instrument of writing
purporting to be the last Will and Testament of Isaac
Vansickle late of Kingston Township, in said County.deceased,
was produced in open Court, and an application to admit
the same to probate was on the same day made in
said Court. Said application will be for hearing before
this Court on the 18 day of October . A.D. 1888, at
10 o'clock A.M.,
N.F. Overturf
{Seal} Probate Judge,
Dated at Delaware Ohio, this 12 day of October. A.D. 1888.
[corresponds to page 250 of Delaware County Will Records Vol. 8
1887-1890]
250
Isaac Vansickle's Will
4398 Journal Entry.
October. 12 1888.
In the Matter of the Will of }
Isaac Vansickle, deceased, } This day an instrument of
writing, purporting to be the
last Will and Testament of Isaac Vansickle, late of
Kingston Township, in this County, deceased, was pro:
=duced in open Court for Probate ; On Consideration
Whereof, it is ordered that the said Will be filed in this
Court, and that due notice. thereof , and of the application
to admit the same to probate and record, be given to Mary
A. Vansickle his widow, and A. A. Vansickle and Ber:
=tie L. Brown heirs and next of kin of the Testator, resi:
=dent of the State of Ohio, that said application will
be for hearing before this Court on the 18 day of Octo:
=ber. A.D. 1888, at 10 o'clock A.M.
M.D. Vansickle heir of said Testator, this day waived
notice, and consented to the probate of said Will.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned, next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 12 day of October. A.D.1888
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and
Testament of Isaac Vansickle, deceased.
To A. A. Vansickle_ Bertie L.
Brown and Mary A. Vansickle.
| You are hereby notified that on the
12 day of October. A.D. 1888, an instrument of writing
purporting to be the last Will and Testament of Isaac
Vansickle late of Kingston Township, in said County.deceased,
was produced in open Court, and an application to admit
the same to probate was on the same day made in
said Court. Said application will be for hearing before
this Court on the 18 day of October . A.D. 1888, at
10 o'clock A.M.,
N.F. Overturf
{Seal} Probate Judge,
Dated at Delaware Ohio, this 12 day of October. A.D. 1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 317)
Description
[page 317]
[corresponds to page 251 of Delaware County Will Records Vol. 8
1887-1890]
251
Isaac Vansickle's Will
Return.
The State of Ohio
Delaware County .ss M.D. Vansickle being duly sworn
says that on the 12 day of
October A.D. 1888. he served the within notice by
delivering a true copy thereof to the within named
A.A. Vansickle, and on the 13 day of October A.D.
1888, he served the within notice by delivering a true
copy thereof to the within named Bertie L. Brown and
Mary A. Vansickle.
M.D. Vansickle
Subscribed in my presence and sworn to before me,
this 18 day of Oct. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County ,ss. }
Personally appeared in open Court
W.H. Maxwell and J.C. Wood. the subscribing witness
to the last Will and Testament of Isaac Vansickle
late of Kingston Township in said Delaware County
deceased; who being duly sworn according to law, to
speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing
date the 26 day of May. A.D. 1888. purporting to be
the last Will and Testament of Isaac Vansickle now
deceased, is the Will of said deceased Isaac Vansickle,
that they were present at the execution of said Will.
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence;
that they saw the said Isaac Vansickle deceased
sign and seal said Will, and heard him acknowledge
the same to be his last will and Testament, and that
the said Isaac Vansickle at the time of making,
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
W.H. Maxwell
J.C. Wood.
Sworn to and subscribed by said witnesses, in open
Court, this 18 day of October . A.D. 1888
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 251 of Delaware County Will Records Vol. 8
1887-1890]
251
Isaac Vansickle's Will
Return.
The State of Ohio
Delaware County .ss M.D. Vansickle being duly sworn
says that on the 12 day of
October A.D. 1888. he served the within notice by
delivering a true copy thereof to the within named
A.A. Vansickle, and on the 13 day of October A.D.
1888, he served the within notice by delivering a true
copy thereof to the within named Bertie L. Brown and
Mary A. Vansickle.
M.D. Vansickle
Subscribed in my presence and sworn to before me,
this 18 day of Oct. 1888.
N.F. Overturf
{Seal} Probate Judge
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County ,ss. }
Personally appeared in open Court
W.H. Maxwell and J.C. Wood. the subscribing witness
to the last Will and Testament of Isaac Vansickle
late of Kingston Township in said Delaware County
deceased; who being duly sworn according to law, to
speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing
date the 26 day of May. A.D. 1888. purporting to be
the last Will and Testament of Isaac Vansickle now
deceased, is the Will of said deceased Isaac Vansickle,
that they were present at the execution of said Will.
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence;
that they saw the said Isaac Vansickle deceased
sign and seal said Will, and heard him acknowledge
the same to be his last will and Testament, and that
the said Isaac Vansickle at the time of making,
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
W.H. Maxwell
J.C. Wood.
Sworn to and subscribed by said witnesses, in open
Court, this 18 day of October . A.D. 1888
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 318)
Description
[page 318]
[corresponds to page 252 of Delaware County Will Records Vol. 8
1887-1890]
252
Isaac Vansickle's Will
Journal Entry.
October 18 1888
In the Matter of the Will of }
Isaac Vansickle, deceased, }
Be it remembered, that here=
:tofore , to-wit: on the 12 day of
October. A.D. 1888. an instrument of writing, purporting
to be the last Will and Testament of Isaac Vansickle
late of Kingston Township, in this County, deceased, was
produced in open Court for probate , and was then filed.
And, it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the
application to admit the same to probate and record in
this Court, has been given to Mary A. Vansickle his
widow and A.A. Vansickle and Bertie L. Brown.
heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court.
therefore, on this day came W.H. Maxwell and J.C.Wood
the subscribing witnesses to said Will, who being duly
sworn testified to the due execution and attestation of
said Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said Will.
Whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said Isaac
Vansickle, deceased. That the same was duly executed
and attested, and that the said Testator, at the time
of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court ordered that
the said Will be admitted to probate, and that the
same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered
of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent
Father of all Amen
I Isaac Vansickle being of full
age and sound mind do make and publish this my
last will and testament.
Item 1 I will that my funeral expenses and the expenses of my
last sickness be paid out of any money or other property that
I may have on hand at the time of my decease.
Item 2 I will that a respectable monument be erected suitable
for both myself and my wife at my grave.
[corresponds to page 252 of Delaware County Will Records Vol. 8
1887-1890]
252
Isaac Vansickle's Will
Journal Entry.
October 18 1888
In the Matter of the Will of }
Isaac Vansickle, deceased, }
Be it remembered, that here=
:tofore , to-wit: on the 12 day of
October. A.D. 1888. an instrument of writing, purporting
to be the last Will and Testament of Isaac Vansickle
late of Kingston Township, in this County, deceased, was
produced in open Court for probate , and was then filed.
And, it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the
application to admit the same to probate and record in
this Court, has been given to Mary A. Vansickle his
widow and A.A. Vansickle and Bertie L. Brown.
heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court.
therefore, on this day came W.H. Maxwell and J.C.Wood
the subscribing witnesses to said Will, who being duly
sworn testified to the due execution and attestation of
said Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said Will.
Whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said Isaac
Vansickle, deceased. That the same was duly executed
and attested, and that the said Testator, at the time
of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court ordered that
the said Will be admitted to probate, and that the
same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered
of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent
Father of all Amen
I Isaac Vansickle being of full
age and sound mind do make and publish this my
last will and testament.
Item 1 I will that my funeral expenses and the expenses of my
last sickness be paid out of any money or other property that
I may have on hand at the time of my decease.
Item 2 I will that a respectable monument be erected suitable
for both myself and my wife at my grave.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 319)
Description
[page 319]
[corresponds to page 253 of Delaware County Will Records Vol. 8
1887-1890]
253
Isaac Vansickle's Will
Item 3 I will that a decent but not expensive monument
be erected at the graves of my Father and Mother Elias
& Hannah Vansickle.
Item 4 After the above I will and bequeath to my wife Mary
A. Vansickle all the residue of my property, both
real and personal to have to use and control during the
period of her natural life and she is hereby empowered
to settle all claims for or against my estate collect
any monies or dispose of any property as she may think
best without any letters of administration or bonds or
appraisement whatever.
Item 5 After the decease of my wife then whatever property
remains to be devided according to law among my
legal representives.
As witness my hand this 26th
day of May . A.D. 1888.
Isaac Vansickle.
Signed and acknowledged as his last will and testa:
=ment by the said Isaac Vansickle in our presence
and signed by us in his presence.
W.H. Maxwell.
J.C. Wood.
[corresponds to page 253 of Delaware County Will Records Vol. 8
1887-1890]
253
Isaac Vansickle's Will
Item 3 I will that a decent but not expensive monument
be erected at the graves of my Father and Mother Elias
& Hannah Vansickle.
Item 4 After the above I will and bequeath to my wife Mary
A. Vansickle all the residue of my property, both
real and personal to have to use and control during the
period of her natural life and she is hereby empowered
to settle all claims for or against my estate collect
any monies or dispose of any property as she may think
best without any letters of administration or bonds or
appraisement whatever.
Item 5 After the decease of my wife then whatever property
remains to be devided according to law among my
legal representives.
As witness my hand this 26th
day of May . A.D. 1888.
Isaac Vansickle.
Signed and acknowledged as his last will and testa:
=ment by the said Isaac Vansickle in our presence
and signed by us in his presence.
W.H. Maxwell.
J.C. Wood.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 320)
Description
[page 320]
[corresponds to page 254 of Delaware County Will Records Vol. 8
1887-1890]
254
Nudeget J. Callaher's Will
Journal Entry.
October 30 1888.
In the Matter of the Will of
Nudeget J. Galleher, deceased.
This day an instrument of writing
purporting to be the last Will and Testament of Nudeget J.
Galleher, late of Delaware City, in this County, deceased.
was produced in open Court for probate , On consideration where:
of, it is ordered that the said Will be filed in this Court.
And thereupon came Eliza Galleher, widow of said Testa=
:tor, and Leroy K. Galleher and Annie B. Galleher, only heirs
of said Testator, and in writing, waived further notice and
consented to the probate of said Will. And the hearing
for the proving of said Will is set for Wednesday the 31st
day of October. A.D. 1888, at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned heirs & widow of the within named
decedent, hereby waive further notice, and consent to the imme=
=diate probate of said Will.
Dated this 30 day of October.A.D.1888.
W.F. Galleher Annie B. Galleher
Leroy K. Galleher May G. Wolfley
Eliza Galleher Willard Galleher .
Probate of Will.
The State of Ohio In Probate Court.
Delaware County,ss.
Personally appeared in open Court Wm
Hollenbaugh and J. Hipple the subscribing witnesses to
the last Will and Testament of Nudeget J. Galleher .
late of Delaware Township in said Delaware County, de:
: ceased; who being duly sworn according to law, to speak
the truth, the whole truth, and nothing but the truth, in re=
=lation to the execution of said Will, depose and say: That the
paper before them bearing date the 22 day of May . A.D 1876.
purporting to be the last Will and Testament of Nudeget J.
Galleher now deceased, is the Will of said deceased Nude:
=get J. Galleher, that they were present at the execution of
said Will, and at the request of the Testator, respectively
subscribed their names to the same as witnesses, in his
presence; that they saw the said Nudeget J. Galleher de:
=ceased sign and seal said Will, and heard him acknowl=
=edge the same to be his last will and Testament, and that
[corresponds to page 254 of Delaware County Will Records Vol. 8
1887-1890]
254
Nudeget J. Callaher's Will
Journal Entry.
October 30 1888.
In the Matter of the Will of
Nudeget J. Galleher, deceased.
This day an instrument of writing
purporting to be the last Will and Testament of Nudeget J.
Galleher, late of Delaware City, in this County, deceased.
was produced in open Court for probate , On consideration where:
of, it is ordered that the said Will be filed in this Court.
And thereupon came Eliza Galleher, widow of said Testa=
:tor, and Leroy K. Galleher and Annie B. Galleher, only heirs
of said Testator, and in writing, waived further notice and
consented to the probate of said Will. And the hearing
for the proving of said Will is set for Wednesday the 31st
day of October. A.D. 1888, at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned heirs & widow of the within named
decedent, hereby waive further notice, and consent to the imme=
=diate probate of said Will.
Dated this 30 day of October.A.D.1888.
W.F. Galleher Annie B. Galleher
Leroy K. Galleher May G. Wolfley
Eliza Galleher Willard Galleher .
Probate of Will.
The State of Ohio In Probate Court.
Delaware County,ss.
Personally appeared in open Court Wm
Hollenbaugh and J. Hipple the subscribing witnesses to
the last Will and Testament of Nudeget J. Galleher .
late of Delaware Township in said Delaware County, de:
: ceased; who being duly sworn according to law, to speak
the truth, the whole truth, and nothing but the truth, in re=
=lation to the execution of said Will, depose and say: That the
paper before them bearing date the 22 day of May . A.D 1876.
purporting to be the last Will and Testament of Nudeget J.
Galleher now deceased, is the Will of said deceased Nude:
=get J. Galleher, that they were present at the execution of
said Will, and at the request of the Testator, respectively
subscribed their names to the same as witnesses, in his
presence; that they saw the said Nudeget J. Galleher de:
=ceased sign and seal said Will, and heard him acknowl=
=edge the same to be his last will and Testament, and that
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 321)
Description
[page 321]
[corresponds to page 255 of Delaware County Will Records Vol. 8
1887-1890]
255
Nudeget J. Galleher's Will
the said Nudeget J. Galleher at the time of making.
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint .
Wm Hollanbaugh
J. Hipple
Sworn to and subscribed by said witnesses, in open Court,
this 31st day of October. A.D.1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
October 31st 1888
In the Matter of the Will of
Nudeget J. Galleher, deceased Be it remembered, that
heretofore,
to-wit: on the 30th day of
October.
A.D. 1888, an instrument of writing, purporting to be the last
Will and Testament of Nudeget J. Galleher, late of Delaware
City ,in this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being shown to
the satisfaction of the Court that the widow and all of the heirs
of said Testator have waived notice and consented to the probate
of said Will; therefore, on this day. at 10 o'clock A.M., came
Wm Hollanbaugh and J. Hipple the subscribing witnesses
to said Will, who being duly sworn, testified to the due exe=
=cution and attestation of said Will. Which testimony was
reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the afore=
=said instrument of writing is the last Will and Testament
of said Nudeget J. Galleher, deceased. That the same was
duly executed and attested; and that the said Testator, at
the time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of Will.
In the name of the Benevolent Father of All I N. J. Galleher
of the City of Delaware Ohio do make and publish this my
last will and Testament.
Item 1 I give and devise to my beloved wife after the payment
of all
just debts) All of my Real Estate and personal proper=
=ty of every description to be hers absolutely so long as she re=
=mains my widow. If my wife should again marry then
and in that case I give and devise to her the one third part of
[corresponds to page 255 of Delaware County Will Records Vol. 8
1887-1890]
255
Nudeget J. Galleher's Will
the said Nudeget J. Galleher at the time of making.
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint .
Wm Hollanbaugh
J. Hipple
Sworn to and subscribed by said witnesses, in open Court,
this 31st day of October. A.D.1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
October 31st 1888
In the Matter of the Will of
Nudeget J. Galleher, deceased Be it remembered, that
heretofore,
to-wit: on the 30th day of
October.
A.D. 1888, an instrument of writing, purporting to be the last
Will and Testament of Nudeget J. Galleher, late of Delaware
City ,in this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being shown to
the satisfaction of the Court that the widow and all of the heirs
of said Testator have waived notice and consented to the probate
of said Will; therefore, on this day. at 10 o'clock A.M., came
Wm Hollanbaugh and J. Hipple the subscribing witnesses
to said Will, who being duly sworn, testified to the due exe=
=cution and attestation of said Will. Which testimony was
reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the afore=
=said instrument of writing is the last Will and Testament
of said Nudeget J. Galleher, deceased. That the same was
duly executed and attested; and that the said Testator, at
the time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of Will.
In the name of the Benevolent Father of All I N. J. Galleher
of the City of Delaware Ohio do make and publish this my
last will and Testament.
Item 1 I give and devise to my beloved wife after the payment
of all
just debts) All of my Real Estate and personal proper=
=ty of every description to be hers absolutely so long as she re=
=mains my widow. If my wife should again marry then
and in that case I give and devise to her the one third part of
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 322)
Description
[page 322]
[corresponds to page 256 of Delaware County Will Records Vol. 8
1887-1890]
256
Nudeget J. Galleher's Will
all my Real Estate and personal property of every kind and de=
=scription to be hers absolutely The above bequest is made in lieu
of her dower and years support and if my wife should again mar=
:ry then I desire and it is my will that all of said property real
and personal shall be sold by my Executors at public or private
sale as they deem best and the one third part as aforesaid be giv=
=en to my wife. And it is my will that my wife before
her marriage or so long as she remains my widow shall have
full control and authority to sell dispose of or use said Real &
personal property as she deems best for her support.
Item 2 If my wife should again marry Then it is my will and
I give and devise to her as aforesaid the one third part of my
Real Estate and personal property aforesaid. And the remaining two
thirds part I give and devise to my children Leroy K. Galleher.
William Franklin Galleher. Mrs. May Wolfley and Willard
Galleher and Annie Blanche Galleher & their heirs forever to
be equally divided between them.
Item 3 If my wife remains my widow until her death then I give
& devise to my children aforesaid to be equally divided between
them All the Real Estate and personal property aforesaid of
every description remaining at her death to them and their heirs
forever.
Item 4 I hereby nominate and appoint Leroy K Galleher and
William
Franklin Galleher Executors of this my last Will and Testa=
:ment authorizing & empowering them to do all and every act and
thing necessary for carrying out the provisions of this Will.
and I desire that no appraisement of my property shall be made
and no sale thereof shall be made so long as my wife remains
my widow unless by her direction but at her remarriage or death
then that my Executors sell the Real Estate & personal property
aforesaid to be divided as aforesaid and I request the Probate
Court to direct the omission of the appraisement of my property
aforesaid And full power is given to my executors to execute
& deliver to purchasers good & sufficient deeds to said Real Es=
=tate. In witness whereof I have hereunto set my
hand and seal this 22nd day of May A.D.1876.
Nudeget J. Galleher. {Seal}
Signed and acknowledged by said
N. J. Galleher as his last will
and testament in our presence and
signed by us in his presence.
Wm. Hollanbaugh.
J. Hipple.
[corresponds to page 256 of Delaware County Will Records Vol. 8
1887-1890]
256
Nudeget J. Galleher's Will
all my Real Estate and personal property of every kind and de=
=scription to be hers absolutely The above bequest is made in lieu
of her dower and years support and if my wife should again mar=
:ry then I desire and it is my will that all of said property real
and personal shall be sold by my Executors at public or private
sale as they deem best and the one third part as aforesaid be giv=
=en to my wife. And it is my will that my wife before
her marriage or so long as she remains my widow shall have
full control and authority to sell dispose of or use said Real &
personal property as she deems best for her support.
Item 2 If my wife should again marry Then it is my will and
I give and devise to her as aforesaid the one third part of my
Real Estate and personal property aforesaid. And the remaining two
thirds part I give and devise to my children Leroy K. Galleher.
William Franklin Galleher. Mrs. May Wolfley and Willard
Galleher and Annie Blanche Galleher & their heirs forever to
be equally divided between them.
Item 3 If my wife remains my widow until her death then I give
& devise to my children aforesaid to be equally divided between
them All the Real Estate and personal property aforesaid of
every description remaining at her death to them and their heirs
forever.
Item 4 I hereby nominate and appoint Leroy K Galleher and
William
Franklin Galleher Executors of this my last Will and Testa=
:ment authorizing & empowering them to do all and every act and
thing necessary for carrying out the provisions of this Will.
and I desire that no appraisement of my property shall be made
and no sale thereof shall be made so long as my wife remains
my widow unless by her direction but at her remarriage or death
then that my Executors sell the Real Estate & personal property
aforesaid to be divided as aforesaid and I request the Probate
Court to direct the omission of the appraisement of my property
aforesaid And full power is given to my executors to execute
& deliver to purchasers good & sufficient deeds to said Real Es=
=tate. In witness whereof I have hereunto set my
hand and seal this 22nd day of May A.D.1876.
Nudeget J. Galleher. {Seal}
Signed and acknowledged by said
N. J. Galleher as his last will
and testament in our presence and
signed by us in his presence.
Wm. Hollanbaugh.
J. Hipple.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 323)
Description
[page 323]
[corresponds to page 257 of Delaware County Will Records Vol. 8
1887-1890]
257
Margaret E. Bunyan's Will.
Journal Entry
November. 12 1888.
In the Matter of the Will of
Margaret E. Bunyan, decd
This day, an instrument of
writing, purporting to be the last Will and Testament of
Margaret E. Bunyan, late of Delaware City, in this Coun=
=ty, deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will be filed
in this Court. - And thereupon came William Bunyan,
only heir of said Testatrix, resident of the State of Ohio,
and in writing, waived further notice and consented to the probate
of said Will. And the hearing for the proving of said Will
is set for Tuesday ,the 13th day of November. A.D.1888, at 2
o'clock P.M.
N.F. Overturf
Probate Judge.
Waiver
I the undersigned, brother & heir of the within named dece=
=dent, hereby waive further notice, and consent to the probate
of said Will.
Dated this 12 day of November. A.D.1888.
William Bunyan .
Journal Entry.
November 15 1888.
In the Matter of the Will of
Margaret E. Bunyan. decd
The witnesses to said Will fail=
=ing to appear, on motion of William Bunyan, this hearing
is continued until Wednesday the 14 day of November.A.
D. 1888, at 10 o'clock A.M
N.F. Overturf
Probate Judge.
Probate of Will.
The State of Ohio In Probate Court
Delaware County,ss.
Personally appeared in open Court Dav=
=id Rutledge and Henry J. Eaton, the subscribing witnesses to
the last Will and Testament of Margaret E. Bunyan, late of
Delaware City, in said Delaware County, deceased; who being
duly sworn according to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date
the 14th day of August. A.D.1888, purporting to be the last Will
and Testament of Margaret E. Bunyan now deceased, is the Will of
said deceased, Margaret E. Bunyan, that they were present at the
[corresponds to page 257 of Delaware County Will Records Vol. 8
1887-1890]
257
Margaret E. Bunyan's Will.
Journal Entry
November. 12 1888.
In the Matter of the Will of
Margaret E. Bunyan, decd
This day, an instrument of
writing, purporting to be the last Will and Testament of
Margaret E. Bunyan, late of Delaware City, in this Coun=
=ty, deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will be filed
in this Court. - And thereupon came William Bunyan,
only heir of said Testatrix, resident of the State of Ohio,
and in writing, waived further notice and consented to the probate
of said Will. And the hearing for the proving of said Will
is set for Tuesday ,the 13th day of November. A.D.1888, at 2
o'clock P.M.
N.F. Overturf
Probate Judge.
Waiver
I the undersigned, brother & heir of the within named dece=
=dent, hereby waive further notice, and consent to the probate
of said Will.
Dated this 12 day of November. A.D.1888.
William Bunyan .
Journal Entry.
November 15 1888.
In the Matter of the Will of
Margaret E. Bunyan. decd
The witnesses to said Will fail=
=ing to appear, on motion of William Bunyan, this hearing
is continued until Wednesday the 14 day of November.A.
D. 1888, at 10 o'clock A.M
N.F. Overturf
Probate Judge.
Probate of Will.
The State of Ohio In Probate Court
Delaware County,ss.
Personally appeared in open Court Dav=
=id Rutledge and Henry J. Eaton, the subscribing witnesses to
the last Will and Testament of Margaret E. Bunyan, late of
Delaware City, in said Delaware County, deceased; who being
duly sworn according to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date
the 14th day of August. A.D.1888, purporting to be the last Will
and Testament of Margaret E. Bunyan now deceased, is the Will of
said deceased, Margaret E. Bunyan, that they were present at the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 324)
Description
[page 324]
[corresponds to page 258 of Delaware County Will Records Vol. 8
1887-1890]
258
Margaret E. Bunyan's Estate.
execution of said Will, and at the request of the Testatrix, re:
=spectively subscribed their names to the same as witnesses, in
her presence; that they saw the said Margaret E. Bunyan
deceased, sign and seal said Will, and heard her acknowledge
the same to be her last Will and Testament, and that the said
Margaret E. Bunyan, at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and not
under any restraint.
David Rutledge
Henry J. Eaton.
Sworn to and subscribed by said witnesses, in open Court, this 14
day of November. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
November 14 1888.
In the Matter of the Will of
Margaret E. Bunyan. decd Be it Remembered, that hereto:
=fore, to-wit: on the 12th day of
November. A.D. 1888, an instrument of writing, purporting to be
the last Will and Testament of Margaret E. Bunyan, late
of Delaware City, in this County, deceased, was produced in
open Court for probate, and was then filed.William Bunyan
only heir of said Testatrix, resident of the State of Ohio, having
waived service and consented to the probate of said Will, therefore,
on this day came David Rutledge and Henry J. Eaton the
subscribing witnesses to said Will, who being duly sworn,testi=
=fied to the due execution and attestation of said Will. Which
testimony was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds that the
aforesaid instrument of writing is the last Will and Testament
of said Margaret E. Bunyan, deceased. That the same was
duly executed and attested; and that the said Testatrix, at the
time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be ad:
=mitted to probate, and that the same, together with the testi:
=mony of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of
The Last will and Testament of Miss Margaret E. Bun=
=yan of the City of Delaware Ohio,
In the Name of the Benevolent
Father of All: I, the said Margaret E. Bunyan, being
[corresponds to page 258 of Delaware County Will Records Vol. 8
1887-1890]
258
Margaret E. Bunyan's Estate.
execution of said Will, and at the request of the Testatrix, re:
=spectively subscribed their names to the same as witnesses, in
her presence; that they saw the said Margaret E. Bunyan
deceased, sign and seal said Will, and heard her acknowledge
the same to be her last Will and Testament, and that the said
Margaret E. Bunyan, at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and not
under any restraint.
David Rutledge
Henry J. Eaton.
Sworn to and subscribed by said witnesses, in open Court, this 14
day of November. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
November 14 1888.
In the Matter of the Will of
Margaret E. Bunyan. decd Be it Remembered, that hereto:
=fore, to-wit: on the 12th day of
November. A.D. 1888, an instrument of writing, purporting to be
the last Will and Testament of Margaret E. Bunyan, late
of Delaware City, in this County, deceased, was produced in
open Court for probate, and was then filed.William Bunyan
only heir of said Testatrix, resident of the State of Ohio, having
waived service and consented to the probate of said Will, therefore,
on this day came David Rutledge and Henry J. Eaton the
subscribing witnesses to said Will, who being duly sworn,testi=
=fied to the due execution and attestation of said Will. Which
testimony was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds that the
aforesaid instrument of writing is the last Will and Testament
of said Margaret E. Bunyan, deceased. That the same was
duly executed and attested; and that the said Testatrix, at the
time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be ad:
=mitted to probate, and that the same, together with the testi:
=mony of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of
The Last will and Testament of Miss Margaret E. Bun=
=yan of the City of Delaware Ohio,
In the Name of the Benevolent
Father of All: I, the said Margaret E. Bunyan, being
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 325)
Description
[page 325]
[corresponds to page 259 of Delaware County Will Records Vol. 8
1887-1890]
259
Margaret E. Bunyan's Will.
of sound and disposing mind and memory, considering the uncer:
=tainty of continuance in life, and desiring to make such dis=
=position of my worldly estate as I deem best, do make, pub=
=lish and declare, this to be my last will and testament;
hereby revoking and annulling any and all former will or wills
whatsoever by me made.
Item First I desire all my just debts and funeral expenses
to be paid, as
soon as possible after my decease, by my executor hereinafter nam:
=ed, & out of money on hand or that may be owing me at my decease.
Item Second I give and bequeath to my beloved niece Mrs. Beatrice E.
Hartzell wife of John A. Hartzell of the City of Chicago, Illinos,
all her indebtedness to me at the time of my decease, & all notes
accounts claims & demands of any & every kind whatsoever which
I may then have against her.
Item Third I give and bequeath to my beloved nephew, George D. Bunyan,
of Yellow Springs Ohio, all that he may be owing to me at
my decease, in whatsoever form the same may then be in.
Item Fourth I give & bequeath to my beloved nephew James B.
Garrison,
now residing in the State of Texas, the sum of Five Hundred
Dollars, in addition to the several sums, which I have here:
=tofore at several times given to him.
Item Fifth I give & bequeath to my beloved nieces Miss Emma Frances
Bunyan & Miss Nellie A. Bunyan daughters of my broth:
=er William Bunyan of the City of Delaware Ohio, all my wear:
=ing apparel, ornaments, household goods and furniture, books & pictures
to be divided by them between themselves as they may see proper.
Item Sixth I give & bequeath to the said Emma Frances
Bunyan, all the remain=
=der of my estate & property, not in this will hereinbefore otherwise
disposed of & in whatsoever form the same may be in at my de=
=cease, to be hers absolutely.
I nominate and appoint my kind & worthy Brother the said
William Bunyan of the City of Delaware Ohio to be the execu=
=tor of this Will & request that he shall not be required to give
any bond as said Executor or to have made any inventory of ap=
=praisement of my estate, or sale thereof.
In Witness Whereof, I have here=
=unto set my hand and seal this fourteenth day of August, in
the year eighteen hundred and eighty eight.
Margaret E. Bunyan {Seal}
Signed, sealed, and acknowledged, by said Margaret E. Bunyan
as and for her last will and testament, in our presence, and sub=
=scribed and attested by us, as witnesses, in her presence, and at
her request.
David Rutledge
Henry J. Eaton.
[corresponds to page 259 of Delaware County Will Records Vol. 8
1887-1890]
259
Margaret E. Bunyan's Will.
of sound and disposing mind and memory, considering the uncer:
=tainty of continuance in life, and desiring to make such dis=
=position of my worldly estate as I deem best, do make, pub=
=lish and declare, this to be my last will and testament;
hereby revoking and annulling any and all former will or wills
whatsoever by me made.
Item First I desire all my just debts and funeral expenses
to be paid, as
soon as possible after my decease, by my executor hereinafter nam:
=ed, & out of money on hand or that may be owing me at my decease.
Item Second I give and bequeath to my beloved niece Mrs. Beatrice E.
Hartzell wife of John A. Hartzell of the City of Chicago, Illinos,
all her indebtedness to me at the time of my decease, & all notes
accounts claims & demands of any & every kind whatsoever which
I may then have against her.
Item Third I give and bequeath to my beloved nephew, George D. Bunyan,
of Yellow Springs Ohio, all that he may be owing to me at
my decease, in whatsoever form the same may then be in.
Item Fourth I give & bequeath to my beloved nephew James B.
Garrison,
now residing in the State of Texas, the sum of Five Hundred
Dollars, in addition to the several sums, which I have here:
=tofore at several times given to him.
Item Fifth I give & bequeath to my beloved nieces Miss Emma Frances
Bunyan & Miss Nellie A. Bunyan daughters of my broth:
=er William Bunyan of the City of Delaware Ohio, all my wear:
=ing apparel, ornaments, household goods and furniture, books & pictures
to be divided by them between themselves as they may see proper.
Item Sixth I give & bequeath to the said Emma Frances
Bunyan, all the remain=
=der of my estate & property, not in this will hereinbefore otherwise
disposed of & in whatsoever form the same may be in at my de=
=cease, to be hers absolutely.
I nominate and appoint my kind & worthy Brother the said
William Bunyan of the City of Delaware Ohio to be the execu=
=tor of this Will & request that he shall not be required to give
any bond as said Executor or to have made any inventory of ap=
=praisement of my estate, or sale thereof.
In Witness Whereof, I have here=
=unto set my hand and seal this fourteenth day of August, in
the year eighteen hundred and eighty eight.
Margaret E. Bunyan {Seal}
Signed, sealed, and acknowledged, by said Margaret E. Bunyan
as and for her last will and testament, in our presence, and sub=
=scribed and attested by us, as witnesses, in her presence, and at
her request.
David Rutledge
Henry J. Eaton.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 326)
Description
[page 326]
[corresponds to page 260 of Delaware County Will Records Vol. 8 1887-1890]
260
Emilia Landon's Will
4 4 16 Journal Entry.
November 16 1888.
In the Matter of the Will of
Emilia Landon, deceased.
This day an instrument of
writing, purporting to be the last Will and Testament of Emi=
=lia Landon, late of Trenton Township, in this County, deceased,
was produced in open Court for Probate; On Consideration
Whereof, it is ordered that said Will be filed in this Court.
And thereupon came J.P.Landon and John Landon only
heirs of said Testatrix, resident of the State of Ohio, and in
writing, waived further notice and consented to the probate of
said Will , and afterward came Margaret J. Knox and Fannie
A. Blakely, the subscribing witnesses to said Will, who being
duly sworn testified to the due execution and attestation of
said Will. Which testimony was reduced to writing by them
respectively subscribed, and filed with said Will, whereupon
the Court finds that the aforesaid instrument of writing is the
last Will and Testament of said Emilia Landon, deceased.
That the same was duly executed and attested; and that the
said Testatrix, at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court ordered, that
the said Will be admitted to probate, and that the same, to=
=gether with the testimony of the witnesses above named, as
well as the proceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge
Waiver.
We, the undersigned only heirs of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 16 day of November. A. D. 1888.
J. P. Landon
John Landon.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County .ss
Personally appeared in open Court
Margarent Knox. and Fannie A. Blakely, two of the
subscribing witnesses to the last Will and Testament of
Emilia Landon. late of Trenton Township in said Dela:
=ware County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will, depose
[corresponds to page 260 of Delaware County Will Records Vol. 8 1887-1890]
260
Emilia Landon's Will
4 4 16 Journal Entry.
November 16 1888.
In the Matter of the Will of
Emilia Landon, deceased.
This day an instrument of
writing, purporting to be the last Will and Testament of Emi=
=lia Landon, late of Trenton Township, in this County, deceased,
was produced in open Court for Probate; On Consideration
Whereof, it is ordered that said Will be filed in this Court.
And thereupon came J.P.Landon and John Landon only
heirs of said Testatrix, resident of the State of Ohio, and in
writing, waived further notice and consented to the probate of
said Will , and afterward came Margaret J. Knox and Fannie
A. Blakely, the subscribing witnesses to said Will, who being
duly sworn testified to the due execution and attestation of
said Will. Which testimony was reduced to writing by them
respectively subscribed, and filed with said Will, whereupon
the Court finds that the aforesaid instrument of writing is the
last Will and Testament of said Emilia Landon, deceased.
That the same was duly executed and attested; and that the
said Testatrix, at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court ordered, that
the said Will be admitted to probate, and that the same, to=
=gether with the testimony of the witnesses above named, as
well as the proceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge
Waiver.
We, the undersigned only heirs of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 16 day of November. A. D. 1888.
J. P. Landon
John Landon.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County .ss
Personally appeared in open Court
Margarent Knox. and Fannie A. Blakely, two of the
subscribing witnesses to the last Will and Testament of
Emilia Landon. late of Trenton Township in said Dela:
=ware County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will, depose
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 327)
Description
[page 327]
[corresponds to page 261 of Delaware County Will Records Vol. 8 1887-1890]
261
Emilia Landon's Will
and say: That the paper before them bearing date the
2 day of October. A.D. 1884. purporting to be the last
Will and Testament of Emilia Landon, now deceased, is
the Will of said deceased Emilia Landon, that they
were present at the execution of said Will, and at the re=
=quest of the Testatrix, respectively subscribed their names
to the same as witnesses, in her presence; that they saw
the said Emilia Landon, deceased, sign and seal said
Will, and heard her acknowledge the same to be her
last Will and Testament, and that the said Emilia
Landon at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint.
Margaret J. Knox
Fannie A. Blakely
Sworn to and subscribed by said witnesses, in open
Court, this day of November, A.D.1888.
N.F. Overturf
{Seal} Probate Judge
Copy of Will
In the name of the Benevolent Father of All; I
Emilia Landon of Trenton Township. Delaware County,
Ohio do make and publish this my last Will and
Testament.
Item 1 I give and devise to my sons John Landon and Joseph
P. Landon during their natural life all my property
both personal and real share and share alike and to the
heirs of their bodies; but in case my said sons dies
without issue of their bodies then my said property both
personal and real goes to the following persons in the
following portions, to-wit: Elizabeth Farver-Jane
Walker Joseph Patrick Thomas Patrick and Sarah
Frederick they to share and share alike all of the one
fourth of my said property, and one fourth of all my property
both personal and real goes to the children of my sister Betsy
Rooney, deceased, Eugene Rooney and Luella Whitney
they to share said 1/4 of my property share and share alike;
and one fourth of all my property both personal and real goes
to the children of my sister Zernah Grist, Alyda Roberts
and Jenna Barkus they to share and share said 1/4 of
my property alike; and one fourth of all my personal and
real property goes to the children of my Niece Lenora Wilcox
deceased. George Earnest Frederic K. Gardner Mary and
Anne they to share and share alike said 1/4 of said property.
I further provide that in case one of my said sons has
[corresponds to page 261 of Delaware County Will Records Vol. 8 1887-1890]
261
Emilia Landon's Will
and say: That the paper before them bearing date the
2 day of October. A.D. 1884. purporting to be the last
Will and Testament of Emilia Landon, now deceased, is
the Will of said deceased Emilia Landon, that they
were present at the execution of said Will, and at the re=
=quest of the Testatrix, respectively subscribed their names
to the same as witnesses, in her presence; that they saw
the said Emilia Landon, deceased, sign and seal said
Will, and heard her acknowledge the same to be her
last Will and Testament, and that the said Emilia
Landon at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and
not under any restraint.
Margaret J. Knox
Fannie A. Blakely
Sworn to and subscribed by said witnesses, in open
Court, this day of November, A.D.1888.
N.F. Overturf
{Seal} Probate Judge
Copy of Will
In the name of the Benevolent Father of All; I
Emilia Landon of Trenton Township. Delaware County,
Ohio do make and publish this my last Will and
Testament.
Item 1 I give and devise to my sons John Landon and Joseph
P. Landon during their natural life all my property
both personal and real share and share alike and to the
heirs of their bodies; but in case my said sons dies
without issue of their bodies then my said property both
personal and real goes to the following persons in the
following portions, to-wit: Elizabeth Farver-Jane
Walker Joseph Patrick Thomas Patrick and Sarah
Frederick they to share and share alike all of the one
fourth of my said property, and one fourth of all my property
both personal and real goes to the children of my sister Betsy
Rooney, deceased, Eugene Rooney and Luella Whitney
they to share said 1/4 of my property share and share alike;
and one fourth of all my property both personal and real goes
to the children of my sister Zernah Grist, Alyda Roberts
and Jenna Barkus they to share and share said 1/4 of
my property alike; and one fourth of all my personal and
real property goes to the children of my Niece Lenora Wilcox
deceased. George Earnest Frederic K. Gardner Mary and
Anne they to share and share alike said 1/4 of said property.
I further provide that in case one of my said sons has
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 328)
Description
[page 328]
[corresponds to page 262 of Delaware County Will Records Vol. 8 1887-1890]
262
Emilia Landon's Will
heirs of his body and one dies without issue of his body,
then all the share of the deceased heretofore devised goes to
the surviving son who has living heirs the issue of his body.
I also further provide that my sons have power and authority
to sell and convey my real estate and personal property and have
all the rents and profits of the same but they must be an
account for the money said real estate and personal property
is worth to the above named devisees not adding any interest
provided my said sons both dies without issue of their
bodies and also in case one of my said sons dies without
issue the surviving son has the use and control of the deceased
share of my said real and personal property during his natur:
=al life if he has no heirs of his body.
Item 2 I do hereby nominate and appoint Joseph Patrick Execu=
=tors of this my last will and testament
I do hereby revoke all former wills by me made.
In testimony hereof
I have hereunto set my hand and seal this second day
of October. A.D. 1884.
Emilia Landon {Seal}
Signed and acknowledged by
said Emilia Landon as her
last will and testament in
our presence and signed by us
in her presence.
C. C. Brooks
Margaret J. Knox
Fannie A. Blakely.
[corresponds to page 262 of Delaware County Will Records Vol. 8 1887-1890]
262
Emilia Landon's Will
heirs of his body and one dies without issue of his body,
then all the share of the deceased heretofore devised goes to
the surviving son who has living heirs the issue of his body.
I also further provide that my sons have power and authority
to sell and convey my real estate and personal property and have
all the rents and profits of the same but they must be an
account for the money said real estate and personal property
is worth to the above named devisees not adding any interest
provided my said sons both dies without issue of their
bodies and also in case one of my said sons dies without
issue the surviving son has the use and control of the deceased
share of my said real and personal property during his natur:
=al life if he has no heirs of his body.
Item 2 I do hereby nominate and appoint Joseph Patrick Execu=
=tors of this my last will and testament
I do hereby revoke all former wills by me made.
In testimony hereof
I have hereunto set my hand and seal this second day
of October. A.D. 1884.
Emilia Landon {Seal}
Signed and acknowledged by
said Emilia Landon as her
last will and testament in
our presence and signed by us
in her presence.
C. C. Brooks
Margaret J. Knox
Fannie A. Blakely.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 329)
Description
[page 329]
[corresponds to page 263 of Delaware County Will Records Vol. 8 1887-1890]
263
E. H. Dent's Will
Journal Entry.
November 23 1888.
In the Matter of the Will
of E.H. Dent, deceased.
This day, an instrument of writing,
purporting to be the last Will and Testament, and Codicil
thereto, of E.H. Dent, late of Trenton Township, in this County,
deceased, was produced in open Court for Probate; On Considera:
=tion Whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to admit
the same to probate and record, be given to Rebecca Walkerr
Dent, his widow, and Celia H. Miller _ Florence M. Hempsted _
Ida J. Wagner - Emma C. Dent and George E. Dent heirs
and next of kin of the Testator, resident of the State of Ohio,
that said application will be for hearing before this Court on
the 28 day of November. A.D. 1888, at 1 o'clock P.M.
Frank P. Dent having waived notice and consented to the
probate of said Will, no notice was issued to him.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned, one of the heirs of the within named
decedent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 23 day of November. A.D.1888.
F.P. Dent.
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and
Testament of E. H. Dent, deceased,
To Rebecca Walker Dent - Celia H.
Miller_ Florence M. Hempted _ Ida J. Wagner - Emma C.
Dent and George E. Dent.
You are hereby notified that on the 23
day of November. A.D. 1888. an instrument of writing, purport=
=ing to be the last Will and Testament of E.H.Dent, late of
Trenton Township, in said County, deceased, was produced in
open Court, and an application to admit the same to probate
was on the same day made in said Court. Said application
will be for hearing before this Court on the 28 day of No=
=vember. A.D. 1888, at 1. o'clock P.M.
N.F Overturf
Probate Judge.
Dated at Delaware Ohio, this 23 day of November -
A.D. 1888.
[corresponds to page 263 of Delaware County Will Records Vol. 8 1887-1890]
263
E. H. Dent's Will
Journal Entry.
November 23 1888.
In the Matter of the Will
of E.H. Dent, deceased.
This day, an instrument of writing,
purporting to be the last Will and Testament, and Codicil
thereto, of E.H. Dent, late of Trenton Township, in this County,
deceased, was produced in open Court for Probate; On Considera:
=tion Whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to admit
the same to probate and record, be given to Rebecca Walkerr
Dent, his widow, and Celia H. Miller _ Florence M. Hempsted _
Ida J. Wagner - Emma C. Dent and George E. Dent heirs
and next of kin of the Testator, resident of the State of Ohio,
that said application will be for hearing before this Court on
the 28 day of November. A.D. 1888, at 1 o'clock P.M.
Frank P. Dent having waived notice and consented to the
probate of said Will, no notice was issued to him.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned, one of the heirs of the within named
decedent, hereby waive further notice, and consent to the
probate of said Will.
Dated this 23 day of November. A.D.1888.
F.P. Dent.
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and
Testament of E. H. Dent, deceased,
To Rebecca Walker Dent - Celia H.
Miller_ Florence M. Hempted _ Ida J. Wagner - Emma C.
Dent and George E. Dent.
You are hereby notified that on the 23
day of November. A.D. 1888. an instrument of writing, purport=
=ing to be the last Will and Testament of E.H.Dent, late of
Trenton Township, in said County, deceased, was produced in
open Court, and an application to admit the same to probate
was on the same day made in said Court. Said application
will be for hearing before this Court on the 28 day of No=
=vember. A.D. 1888, at 1. o'clock P.M.
N.F Overturf
Probate Judge.
Dated at Delaware Ohio, this 23 day of November -
A.D. 1888.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 330)
Description
[page 330]
[corresponds to page 264 of Delaware County Will Records Vol. 8 1887-1890]
264
E. H. Dent's Will
Return.
The State of Ohio }
Delaware County.ss. } Frank P. Dent being duly sworn, says that
on the 24 & 27 days of November. A.D.
1888, he served the within notice by delivering a true copy thereof to
the within named Rebecca Walker Dent. Celia H. Miller. Flore:
=ence M. Hempted - Ida J. Wagner - Emma C. Dent and George
E. Dent.
F. P. Dent.
Subscribed in my presence and sworn to before me this 28
day of Nov. 1888.
N.F. Overturf
{Seal} Probate Judge,
Probate of Will
In Probate Court In the Matter of proving the last Will
Delaware County. Ohio. and Testament of E.H. Dent, deceased.
The State of Ohio Delaware County. ss.
O.H. Kimball, being duly sworn and examined
as a witness in the above entitled matter, says: I was present
at the execution of the instrument now shown to me, bearing
date the 21 day of October. A.D.1887. and offered for probate as
the last Will and Testament of E.H. Dent, late of Trenton
Township, in said County of Delaware, deceased, and saw the
said E.H. Dent, now deceased sign and seal said instrument,.
and heard him acknowledge the same to be his last Will and
Testament ; and I thereupon. at his request, and in his pres=
=ence, subscribed my name to the same as a witness. The
said decedent, at the time of making, singing and sealing said
instrument, was of full age, of sound mind and memory, and not
under any restraint.
O.H. Kimball
Sworn to and subscribed by said witness in open Court this
28 day of November. A.D.1888.
N.F. Overturf
Probate Judge
Proof of Signature of Witness to Will.
The State of Ohio
Delaware County.ss O.H. Kimball being duly sworn,
says that he was well acquainted
with Burton Moore who is now deceased, that he was well
acquainted with the hand writing of the said Burton Moore,
having often seen him write, that the signature Burton
Moore as subscribing witness to the last Will and Testament
[corresponds to page 264 of Delaware County Will Records Vol. 8 1887-1890]
264
E. H. Dent's Will
Return.
The State of Ohio }
Delaware County.ss. } Frank P. Dent being duly sworn, says that
on the 24 & 27 days of November. A.D.
1888, he served the within notice by delivering a true copy thereof to
the within named Rebecca Walker Dent. Celia H. Miller. Flore:
=ence M. Hempted - Ida J. Wagner - Emma C. Dent and George
E. Dent.
F. P. Dent.
Subscribed in my presence and sworn to before me this 28
day of Nov. 1888.
N.F. Overturf
{Seal} Probate Judge,
Probate of Will
In Probate Court In the Matter of proving the last Will
Delaware County. Ohio. and Testament of E.H. Dent, deceased.
The State of Ohio Delaware County. ss.
O.H. Kimball, being duly sworn and examined
as a witness in the above entitled matter, says: I was present
at the execution of the instrument now shown to me, bearing
date the 21 day of October. A.D.1887. and offered for probate as
the last Will and Testament of E.H. Dent, late of Trenton
Township, in said County of Delaware, deceased, and saw the
said E.H. Dent, now deceased sign and seal said instrument,.
and heard him acknowledge the same to be his last Will and
Testament ; and I thereupon. at his request, and in his pres=
=ence, subscribed my name to the same as a witness. The
said decedent, at the time of making, singing and sealing said
instrument, was of full age, of sound mind and memory, and not
under any restraint.
O.H. Kimball
Sworn to and subscribed by said witness in open Court this
28 day of November. A.D.1888.
N.F. Overturf
Probate Judge
Proof of Signature of Witness to Will.
The State of Ohio
Delaware County.ss O.H. Kimball being duly sworn,
says that he was well acquainted
with Burton Moore who is now deceased, that he was well
acquainted with the hand writing of the said Burton Moore,
having often seen him write, that the signature Burton
Moore as subscribing witness to the last Will and Testament
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 331)
Description
[page 331]
[corresponds to page 265 of Delaware County Will Records Vol. 8
1887-1890]
265
E. H. Dent's Will
of E. H. Dent, deceased, is in the own proper hand writing
and signature of the said Burton Moore who at the date of
said Will was in full life, and resided in Sunbury, in said
County.
O.H. Kimball
Sworn to before me, and subscribed in my presence. this 28
day of November. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
Proof of Signature of Witness to Will.
The State of Ohio
Delaware County,ss. Frank P. Sprague being duly sworn,
says that he was well. acquainted with
Burton Moore, who is now deceased, that he was well acquaint=
=ed with the hand writing of the said Burton Moore, having
often seen him write, that the signature Burton Moore as
subscribing witness to the last Will and Testament of E.H.
Dent, deceased, is in the own proper hand writing and signa:
=ture of the said Burton Moore, who at the date of said
Will, was in full life, and resided in Sunbury, in said
County.
Frank P. Sprague.
Sworn to before me, and subscribed in my presence, this 28
day of November. A.D 1888.
N.F. Overturf
{Seal} Probate Judge.
Probate of Codicil to Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court
L.J. Wilson and W.H. Wilson, the subscribing witnesses
to the Codicil to the last Will and Testament of E.H.
Dent, late of Trenton Township in said Delaware County,
deceased; who being duly sworn according to law, to speak
the truth, the whole truth, and nothing but the truth, in re:
=lation to the execution of said Codicil to said Will, depose
and say: That the paper before them bearing date the 11 day
of May. A.D. 1888, purporting to be the Codicil to the last
Will and Testament of E.H. Dent now deceased, is the Cod:
=icil to the Will of said deceased, E.H. Dent that they were
present at the execution of said Codicil to said Will, and
at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that they
saw the said E.H. Dent deceased, sign and seal said Codicil
to said Will, and heard him acknowledge the same to be:
[corresponds to page 265 of Delaware County Will Records Vol. 8
1887-1890]
265
E. H. Dent's Will
of E. H. Dent, deceased, is in the own proper hand writing
and signature of the said Burton Moore who at the date of
said Will was in full life, and resided in Sunbury, in said
County.
O.H. Kimball
Sworn to before me, and subscribed in my presence. this 28
day of November. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge.
Proof of Signature of Witness to Will.
The State of Ohio
Delaware County,ss. Frank P. Sprague being duly sworn,
says that he was well. acquainted with
Burton Moore, who is now deceased, that he was well acquaint=
=ed with the hand writing of the said Burton Moore, having
often seen him write, that the signature Burton Moore as
subscribing witness to the last Will and Testament of E.H.
Dent, deceased, is in the own proper hand writing and signa:
=ture of the said Burton Moore, who at the date of said
Will, was in full life, and resided in Sunbury, in said
County.
Frank P. Sprague.
Sworn to before me, and subscribed in my presence, this 28
day of November. A.D 1888.
N.F. Overturf
{Seal} Probate Judge.
Probate of Codicil to Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court
L.J. Wilson and W.H. Wilson, the subscribing witnesses
to the Codicil to the last Will and Testament of E.H.
Dent, late of Trenton Township in said Delaware County,
deceased; who being duly sworn according to law, to speak
the truth, the whole truth, and nothing but the truth, in re:
=lation to the execution of said Codicil to said Will, depose
and say: That the paper before them bearing date the 11 day
of May. A.D. 1888, purporting to be the Codicil to the last
Will and Testament of E.H. Dent now deceased, is the Cod:
=icil to the Will of said deceased, E.H. Dent that they were
present at the execution of said Codicil to said Will, and
at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that they
saw the said E.H. Dent deceased, sign and seal said Codicil
to said Will, and heard him acknowledge the same to be:
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 332)
Description
[page 332]
[corresponds to page 266 of Delaware County Will Records Vol. 8
1887-1890]
266
E. H. Dent's Will
his Codicil to his last Will and Testament, and that the said
E.H. Dent at the time of making, signing and sealing said Cod:
=icil to said Will, was of full age, of sound mind and memory and
not under any restraint.
L.J. Wilson
W.H. Wilson
Sworn to and subscribed by said witnesses, in open Court, this
28
day of November. A.D.1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
November 28 1888
In the Matter of the Will }
of E. H. Dent, deceased } Be it remembered, that heretofore,
to-wit: on the 23 day of November.
A.D.1888 an instrument of writing, purporting to be the last
Will and Testament of E.H. Dent, late of Trenton Township, in
this County, deceased, was produced in open Court for probate and
was then filed.. And, it now being shown to the satisfaction of
the Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this Court,
has been given to Rebecca Walker Dent - his widow, and Celia
H. Miller. Frank P. Dent_ Florence M. Hempsted. Ida
J. Wagner. Emma C. Dent and George E. Dent, heirs and next
of kin of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore on this day came
O.H. Kimball, one of the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and at=
=testation of said Will, which testimony was reduced to writ=
=ing, by him subscribed, and filed with said Will. And Bur:
=ton Moore the other subscribing witness to said Will, hav:
=ing died, the signature of the said Burton Moore was duly
known by the oaths of O.H. Kimball and Frank P. Sprague
whose testimony was reduced to writing and filed herein.
Also at the same time came L.J. Wilson and W.H. Wilson
the subscribing witnesses to the Codicil of said Will, who
being duly sworn, testified to the due execution and attestation
of said Codicil. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will. Where=
=upon the Court finds that the aforesaid instrument of writing
is the last Will and Testament and Codicil thereto - said
E.H. Dent, deceased. That the same was duly executed and at:
=tested; and that the said Will and Codicil thereto, was of
full age, of sound mind and memory, and not under any restraint
It is, therefore, by the Court ordered that the said Will
and Codicil thereto be admitted to probate, and that the
[corresponds to page 266 of Delaware County Will Records Vol. 8
1887-1890]
266
E. H. Dent's Will
his Codicil to his last Will and Testament, and that the said
E.H. Dent at the time of making, signing and sealing said Cod:
=icil to said Will, was of full age, of sound mind and memory and
not under any restraint.
L.J. Wilson
W.H. Wilson
Sworn to and subscribed by said witnesses, in open Court, this
28
day of November. A.D.1888.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
November 28 1888
In the Matter of the Will }
of E. H. Dent, deceased } Be it remembered, that heretofore,
to-wit: on the 23 day of November.
A.D.1888 an instrument of writing, purporting to be the last
Will and Testament of E.H. Dent, late of Trenton Township, in
this County, deceased, was produced in open Court for probate and
was then filed.. And, it now being shown to the satisfaction of
the Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this Court,
has been given to Rebecca Walker Dent - his widow, and Celia
H. Miller. Frank P. Dent_ Florence M. Hempsted. Ida
J. Wagner. Emma C. Dent and George E. Dent, heirs and next
of kin of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore on this day came
O.H. Kimball, one of the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and at=
=testation of said Will, which testimony was reduced to writ=
=ing, by him subscribed, and filed with said Will. And Bur:
=ton Moore the other subscribing witness to said Will, hav:
=ing died, the signature of the said Burton Moore was duly
known by the oaths of O.H. Kimball and Frank P. Sprague
whose testimony was reduced to writing and filed herein.
Also at the same time came L.J. Wilson and W.H. Wilson
the subscribing witnesses to the Codicil of said Will, who
being duly sworn, testified to the due execution and attestation
of said Codicil. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will. Where=
=upon the Court finds that the aforesaid instrument of writing
is the last Will and Testament and Codicil thereto - said
E.H. Dent, deceased. That the same was duly executed and at:
=tested; and that the said Will and Codicil thereto, was of
full age, of sound mind and memory, and not under any restraint
It is, therefore, by the Court ordered that the said Will
and Codicil thereto be admitted to probate, and that the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 333)
Description
[page 333]
[corresponds to page 267 of Delaware County Will Records Vol. 8
1887-1890]
267
E. H. Dent's Will
same, together with the testimony of the witnesses above named,
as well as the proceedings had thereon, be entered of record in
this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of our Heavenly Father I, Edward H. Dent of
the County of Delaware and State of Ohio, In view of the un=
=certainty of life and the certainty of Death, Do make and pub=
=lish this my last Will and Testament.
Item 1 I direct that all my just debts and funeral expenses be
paid
2 I devise unto my beloved wife Rebecca Walker Dent the
house in which we now reside with the ground as now enclosed
takeing in the barn creek to the bridge and orchard about
ten acres in fee simple in consideration that she devise her
lands (about seventy seven acres) as I have done herein.
Should my said wife neglect or refuse to perform aforesaid consid=
=eration above stated then my daughters Celia H. Ida J. and
Emma C. shall have the house and grounds in lieu of
her lands.
3 I bequeath unto my said wife in lieu of Dower her legal
Dower in each separate division of my real estate
4 I bequeath to my said wife in lieu of years support
all my personal estate, goods, chattels monies credits and
effects of every kind She to pay all my debts and the balance
to belong to her.
Item 5 I devise unto my sons Frank P. Dent and George E. Dent the
Condit and Shannon farms (Except the part devised to their Mother")
and about twenty seven acres of the Mayfield farm North of the
road to be equally divided between them about ninety acres each at
fifty Dollars ($50.00 per acre. Frank to have the West half and
pay three hundred dollars extra for the buildings and then
Five Hundred Dollars off. And George to have the east half
and Five Hundred Dollars off.
--Sidebar--
Explanatory
The two three cornered pieces
of land laying in front of the
boys shares go with the
share adjoining although not
belonging to the Condit'>,
or Shannon land. C&G.Dent-
6 I devise unto my daughter Celia H. the South three
shares of the Walker farm about eighty five acres at forty three
Dollars per acre.
7 I devise unto my daughter Florence M. all the Ridgway
and
Shannon land that lays South of the Sunbury and Johnstown
road about Sixty five acres at forty eight Dollars per acre and
the house and lot in Hartford at Seventeen Hundred Dollars
8 I devise unto my daughter Ida J. the Mayfield & Sunbury
farm South of the road about eighty acres at forty Dollars per
acre, and the twenty acres adjoining J.M. Leak at fifty dollars
per acre.
9 I devise unto my daughter Emma C. the Smith farm
about Sixty one acres at fifty Dollars per acre and the Walker
[corresponds to page 267 of Delaware County Will Records Vol. 8
1887-1890]
267
E. H. Dent's Will
same, together with the testimony of the witnesses above named,
as well as the proceedings had thereon, be entered of record in
this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of our Heavenly Father I, Edward H. Dent of
the County of Delaware and State of Ohio, In view of the un=
=certainty of life and the certainty of Death, Do make and pub=
=lish this my last Will and Testament.
Item 1 I direct that all my just debts and funeral expenses be
paid
2 I devise unto my beloved wife Rebecca Walker Dent the
house in which we now reside with the ground as now enclosed
takeing in the barn creek to the bridge and orchard about
ten acres in fee simple in consideration that she devise her
lands (about seventy seven acres) as I have done herein.
Should my said wife neglect or refuse to perform aforesaid consid=
=eration above stated then my daughters Celia H. Ida J. and
Emma C. shall have the house and grounds in lieu of
her lands.
3 I bequeath unto my said wife in lieu of Dower her legal
Dower in each separate division of my real estate
4 I bequeath to my said wife in lieu of years support
all my personal estate, goods, chattels monies credits and
effects of every kind She to pay all my debts and the balance
to belong to her.
Item 5 I devise unto my sons Frank P. Dent and George E. Dent the
Condit and Shannon farms (Except the part devised to their Mother")
and about twenty seven acres of the Mayfield farm North of the
road to be equally divided between them about ninety acres each at
fifty Dollars ($50.00 per acre. Frank to have the West half and
pay three hundred dollars extra for the buildings and then
Five Hundred Dollars off. And George to have the east half
and Five Hundred Dollars off.
--Sidebar--
Explanatory
The two three cornered pieces
of land laying in front of the
boys shares go with the
share adjoining although not
belonging to the Condit'>,
or Shannon land. C&G.Dent-
6 I devise unto my daughter Celia H. the South three
shares of the Walker farm about eighty five acres at forty three
Dollars per acre.
7 I devise unto my daughter Florence M. all the Ridgway
and
Shannon land that lays South of the Sunbury and Johnstown
road about Sixty five acres at forty eight Dollars per acre and
the house and lot in Hartford at Seventeen Hundred Dollars
8 I devise unto my daughter Ida J. the Mayfield & Sunbury
farm South of the road about eighty acres at forty Dollars per
acre, and the twenty acres adjoining J.M. Leak at fifty dollars
per acre.
9 I devise unto my daughter Emma C. the Smith farm
about Sixty one acres at fifty Dollars per acre and the Walker
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 334)
Description
[page 334]
[corresponds to page 268 of Delaware County Will Records Vol. 8
1887-1890]
268
E. H. Dent's Estate.
land in Licking Co about twenty six acres at forty Dollars per
acre.
10 I direct that those whose shares exceed the average amount of the
six shares shall pay the others such sum as will make them all e=
=qual to be paid in three equal annual payments with interest after
they get possession of their shares.
11 I direct that the share devised to Frank be held by him during his
natural life and then decend to his children if he has any if not to
his brother & sisters or their children. The other shares are devised in
fee simple.
12 I hereby appoint my wife Rebecca Walker Dent. Executrix of this
my Will, In the event of my s'd wife not serving as Executrix,
I appoint my sons Frank P. Dent and George E. Dent Executors
in her place.
In witness whereof I have hereunto set my hand and seal
this 21st day of October Eighteen hundred & Eighty seven A.D.
E.H. Dent {Seal}
We hereby certify that the above was signed by E.H. Dent as his
will in our presence, and signed by us in his presence at his re:
=quest as witnesses to the same
This 21st day of October. A.D.1887.
Burton Moore
O.H. Kimball.
Codicil.
I direct that the land devised by the foregoing Will to F.P.
Dent decend at once upon my decease to one half [three
words crossed out] to his present
wife during her life if she so long remain his wife and one half
[three words crossed out]
to his legal heirs [four words crossed out, sidebar: written by
mistake] if not then the whole shall decend to his legal
heirs and said F.P. Dent is hereby appointed Trustee to manage
said real estate for the benefit of his said wife and heirs during his
natural life and he is hereby allowed a reasonable compensation out
of the annual rents & profits of said land for his services as said
Trustee and no bond or bail shall ever be required of him for the
performance of said Trusteeship.
Witness my hand and seal this 11th day
of May. A.D. 1888.
E.H. Dent. {Seal}
Signed and sealed in presence of us the day and year last
above written.
L.J. Wilson
W.H. Wilson .
[corresponds to page 268 of Delaware County Will Records Vol. 8
1887-1890]
268
E. H. Dent's Estate.
land in Licking Co about twenty six acres at forty Dollars per
acre.
10 I direct that those whose shares exceed the average amount of the
six shares shall pay the others such sum as will make them all e=
=qual to be paid in three equal annual payments with interest after
they get possession of their shares.
11 I direct that the share devised to Frank be held by him during his
natural life and then decend to his children if he has any if not to
his brother & sisters or their children. The other shares are devised in
fee simple.
12 I hereby appoint my wife Rebecca Walker Dent. Executrix of this
my Will, In the event of my s'd wife not serving as Executrix,
I appoint my sons Frank P. Dent and George E. Dent Executors
in her place.
In witness whereof I have hereunto set my hand and seal
this 21st day of October Eighteen hundred & Eighty seven A.D.
E.H. Dent {Seal}
We hereby certify that the above was signed by E.H. Dent as his
will in our presence, and signed by us in his presence at his re:
=quest as witnesses to the same
This 21st day of October. A.D.1887.
Burton Moore
O.H. Kimball.
Codicil.
I direct that the land devised by the foregoing Will to F.P.
Dent decend at once upon my decease to one half [three
words crossed out] to his present
wife during her life if she so long remain his wife and one half
[three words crossed out]
to his legal heirs [four words crossed out, sidebar: written by
mistake] if not then the whole shall decend to his legal
heirs and said F.P. Dent is hereby appointed Trustee to manage
said real estate for the benefit of his said wife and heirs during his
natural life and he is hereby allowed a reasonable compensation out
of the annual rents & profits of said land for his services as said
Trustee and no bond or bail shall ever be required of him for the
performance of said Trusteeship.
Witness my hand and seal this 11th day
of May. A.D. 1888.
E.H. Dent. {Seal}
Signed and sealed in presence of us the day and year last
above written.
L.J. Wilson
W.H. Wilson .
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 335)
Description
[page 335]
[corresponds to page 269 of Delaware County Will Records Vol. 8
1887-1890]
269
Thomas Edward's Will
Journal Entry.
December 4 1888.
In the Matter of the Will
of Thomas Edwards,deceased.
This day, an instrument of writing,
purporting to be the last Will and Testament of Thomas Ed=
=wards, late of Radnor Township, in this County, deceased, was
produced in open Court for Probate; On Consideration Whereof,
it is ordered that the said Will be filed in this Court.
And thereupon came Elizabeth Edwards widow of said Testa=
=tor, and in writing, waived further notice and consented to the
probate of said Will, (there being no heirs of said Testator)
thereupon came Jno. A. Cone and D.G. Edwards the sub=
=scribing witnesses to said Will, who being duly sworn, testified
to the due execution and attestation of said Will. Which
testimony was reduced to writing, by them respectively subscrib=
=ed, and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and
Testament of said Thomas Edwards, deceased. That the
same was duly executed and attested; and that the said Tes=
=tator, at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory. and not under
any restraint. It is, therefore, by the Court ordered that the
said Will be admitted to probate, and that the same, to=
=gether with the testimony of the witnesses above named
as well as the proceedings had thereon, be entered of record
in this Court.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned widow of the within named decedent, here=
=by waive further notice, and consent to the probate of said
Will.
Dated this 4 day of December. A.D.1888.
Elizabeth Evans.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Peronally appeared in open Court Jno. A.
Cone and D.G. Edwards; the subscribing witnesses to the last
Will and Testament of Thomas Edwards late of Radnor
Township in said Delaware County, deceased; who being
duly sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the execution
of said Will, depose and say: That the paper before them
bearing date the 26 day of October A.D.1888, purporting
to be the last Will and Testament of Thomas Edwards,
[corresponds to page 269 of Delaware County Will Records Vol. 8
1887-1890]
269
Thomas Edward's Will
Journal Entry.
December 4 1888.
In the Matter of the Will
of Thomas Edwards,deceased.
This day, an instrument of writing,
purporting to be the last Will and Testament of Thomas Ed=
=wards, late of Radnor Township, in this County, deceased, was
produced in open Court for Probate; On Consideration Whereof,
it is ordered that the said Will be filed in this Court.
And thereupon came Elizabeth Edwards widow of said Testa=
=tor, and in writing, waived further notice and consented to the
probate of said Will, (there being no heirs of said Testator)
thereupon came Jno. A. Cone and D.G. Edwards the sub=
=scribing witnesses to said Will, who being duly sworn, testified
to the due execution and attestation of said Will. Which
testimony was reduced to writing, by them respectively subscrib=
=ed, and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and
Testament of said Thomas Edwards, deceased. That the
same was duly executed and attested; and that the said Tes=
=tator, at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory. and not under
any restraint. It is, therefore, by the Court ordered that the
said Will be admitted to probate, and that the same, to=
=gether with the testimony of the witnesses above named
as well as the proceedings had thereon, be entered of record
in this Court.
N.F. Overturf
Probate Judge.
Waiver.
I, the undersigned widow of the within named decedent, here=
=by waive further notice, and consent to the probate of said
Will.
Dated this 4 day of December. A.D.1888.
Elizabeth Evans.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Peronally appeared in open Court Jno. A.
Cone and D.G. Edwards; the subscribing witnesses to the last
Will and Testament of Thomas Edwards late of Radnor
Township in said Delaware County, deceased; who being
duly sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the execution
of said Will, depose and say: That the paper before them
bearing date the 26 day of October A.D.1888, purporting
to be the last Will and Testament of Thomas Edwards,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 336)
Description
[page 336]
[corresponds to page 270 of Delaware County Will Records Vol. 8
1887-1890]
270
Thomas Edward's Will
now deceased is the Will of said deceased. Thomas Edwards, that
they were present at the execution of said Will, and at the re=
=quest of the Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw the said Thomas
Edwards deceased sign and seal said Will, and heard him ack =
knowledge the same to be his last Will and Testament, and that the
said Thomas Edwards at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint.
Jno. A. Cone
D.G. Edwards.
Sworn to and subscribed by said witnesses, in open Court, this
4 day of December. A.D. 1888.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All, Amen:
I, Thomas Edwards, of Radnor Township, Delaware
County. Ohio, being of sound and disposing mind and mem=
=ory, do make and publish the following as my Last will
and testament.
Item 1 I direct that all my just debts be paid out of my estate.
Item 2 I give, devise and bequeath to my beloved wife Elizabeth
Edwards all the property, both personal and real, and of
whatever kind or description ,that I may own at the time
of my decease, subject to the payment of all my just debts,
as specified in the first item of this will: and I authorize
her to settle in any manner that may be satisfactory to
her any and all claims that I may have against any
other person and also any and all just claims that may
be presented against my estate.
Item 3 I direct that there be no appraisement nor sale of my
estate after my decease, and that there be no further pro:
=ceedings had by the Probate Court having jurisdiction,
under the Will, with reference to my said estate, than
to admit this Will to Probate and record, dispensing with
the appointment of an Administrator or Executor; and I
further desire that there be no Bond required from my
said wife , as I know that she will promptly settle and
pay any and all just claims that may be presented against
my said estate.
I hereby revoke all former Wills or parts of
Wills heretofore by me made and declare the foregoing
to be my last Will and Testament
[corresponds to page 270 of Delaware County Will Records Vol. 8
1887-1890]
270
Thomas Edward's Will
now deceased is the Will of said deceased. Thomas Edwards, that
they were present at the execution of said Will, and at the re=
=quest of the Testator, respectively subscribed their names to the
same as witnesses, in his presence; that they saw the said Thomas
Edwards deceased sign and seal said Will, and heard him ack =
knowledge the same to be his last Will and Testament, and that the
said Thomas Edwards at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint.
Jno. A. Cone
D.G. Edwards.
Sworn to and subscribed by said witnesses, in open Court, this
4 day of December. A.D. 1888.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All, Amen:
I, Thomas Edwards, of Radnor Township, Delaware
County. Ohio, being of sound and disposing mind and mem=
=ory, do make and publish the following as my Last will
and testament.
Item 1 I direct that all my just debts be paid out of my estate.
Item 2 I give, devise and bequeath to my beloved wife Elizabeth
Edwards all the property, both personal and real, and of
whatever kind or description ,that I may own at the time
of my decease, subject to the payment of all my just debts,
as specified in the first item of this will: and I authorize
her to settle in any manner that may be satisfactory to
her any and all claims that I may have against any
other person and also any and all just claims that may
be presented against my estate.
Item 3 I direct that there be no appraisement nor sale of my
estate after my decease, and that there be no further pro:
=ceedings had by the Probate Court having jurisdiction,
under the Will, with reference to my said estate, than
to admit this Will to Probate and record, dispensing with
the appointment of an Administrator or Executor; and I
further desire that there be no Bond required from my
said wife , as I know that she will promptly settle and
pay any and all just claims that may be presented against
my said estate.
I hereby revoke all former Wills or parts of
Wills heretofore by me made and declare the foregoing
to be my last Will and Testament
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 337)
Description
[page 337]
[corresponds to page 271 of Delaware County Will Records Vol. 8
1887-1890]
271
Thomas Edward's Will
In testimony whereof I hereto subscribe my name and
affix my seal, this 26 day of October. A.D. 1888.
Thomas Edwards. {Seal}
Signed by the said Thomas Edwards in our presence, and
by him declared to be his last Will and Testament in
our hearing, and signed by us as witnesses thereto in
his presence and at his request and in the presence of each
other on said 26 day of October. A.D. 1888.
Jno. A. Cone
D.G. Edwards.
[corresponds to page 271 of Delaware County Will Records Vol. 8
1887-1890]
271
Thomas Edward's Will
In testimony whereof I hereto subscribe my name and
affix my seal, this 26 day of October. A.D. 1888.
Thomas Edwards. {Seal}
Signed by the said Thomas Edwards in our presence, and
by him declared to be his last Will and Testament in
our hearing, and signed by us as witnesses thereto in
his presence and at his request and in the presence of each
other on said 26 day of October. A.D. 1888.
Jno. A. Cone
D.G. Edwards.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 338)
Description
[page 338]
[corresponds to page 272 of Delaware County Will Records Vol. 8
1887-1890]
272
Edward Evan's Will.
Journal Entry.
December 1 1888,
In the Matter of the Will
of Edward Evams, deceased.
This day, an instrument of writing
purporting to be the last Will and
Testament of Edward Evans, late of Oxford Township, in this
County, deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will be filed
in this Court and thereupon came Mary Evans, widow, and
Eddie B. Evans, only heir and next of kin of said Testator ,
resident of the State of Ohio, and in writing, waived further
notice and consented to the probate of said Will, and thereupon
came Jno. O. McDowell, one of the subscribing witnesses to said
Will. who being duly sworn, testified to the due execution and
attestation of said Will. Which testimony was reduced to
writing, by him subscribed, and filed with said Will.
The further hearing of this Will is continued until the 7
day of December A.D. 1888, at 4 o'clock P.M., to take the
testimony of C.H. McElroy, the other subscribing witness to
said Will.
N.F. Overturf
Probate Judge.
Waiver.
We the undersigned widow & Next of kin of the within
named decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 1 day of December A.D.1888.
Mary Evans.
Eddie B. Evans.
Probate of Will
In Probate Court } In the Matter of proving the Last Will and
Delaware County.Ohio.} Testament of Edward Evans, Deceased.
The State of Ohio }
Delaware County,ss. } Jno. O. McDowell, being duly sworn and ex=
=amined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date the 28 day of February. A.D.
1879, and offered for probate as the last Will and Testament of
Edward Evans, late of Oxford Township, in said County of
Delaware, deceased, and saw the said Edward Evans, now deceased,
sign and seal said instrument, and heard him acknowledge the
same to be his last Will and Testament; and I, thereupon, at
his request, and in his presence, subscribed my name to the same,
as a witness. The said decedent, at the time of making, sign=
[corresponds to page 272 of Delaware County Will Records Vol. 8
1887-1890]
272
Edward Evan's Will.
Journal Entry.
December 1 1888,
In the Matter of the Will
of Edward Evams, deceased.
This day, an instrument of writing
purporting to be the last Will and
Testament of Edward Evans, late of Oxford Township, in this
County, deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will be filed
in this Court and thereupon came Mary Evans, widow, and
Eddie B. Evans, only heir and next of kin of said Testator ,
resident of the State of Ohio, and in writing, waived further
notice and consented to the probate of said Will, and thereupon
came Jno. O. McDowell, one of the subscribing witnesses to said
Will. who being duly sworn, testified to the due execution and
attestation of said Will. Which testimony was reduced to
writing, by him subscribed, and filed with said Will.
The further hearing of this Will is continued until the 7
day of December A.D. 1888, at 4 o'clock P.M., to take the
testimony of C.H. McElroy, the other subscribing witness to
said Will.
N.F. Overturf
Probate Judge.
Waiver.
We the undersigned widow & Next of kin of the within
named decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 1 day of December A.D.1888.
Mary Evans.
Eddie B. Evans.
Probate of Will
In Probate Court } In the Matter of proving the Last Will and
Delaware County.Ohio.} Testament of Edward Evans, Deceased.
The State of Ohio }
Delaware County,ss. } Jno. O. McDowell, being duly sworn and ex=
=amined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date the 28 day of February. A.D.
1879, and offered for probate as the last Will and Testament of
Edward Evans, late of Oxford Township, in said County of
Delaware, deceased, and saw the said Edward Evans, now deceased,
sign and seal said instrument, and heard him acknowledge the
same to be his last Will and Testament; and I, thereupon, at
his request, and in his presence, subscribed my name to the same,
as a witness. The said decedent, at the time of making, sign=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 339)
Description
[page 339]
[corresponds to page 273 of Delaware County Will Records Vol. 8
1887-1890]
273
Edward Evans' Will
=ing and sealing said instrument, was of full age, of sound mind
and memory, and not under any restraint.
Jno. O. McDowell.
Sworn to and subscribed by said witness in open Court, this 1st
day of December. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge,
The State of Ohio }
Delaware County ss. } C.H. McElroy, being duly sworn and exam=
=ined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date the 28 day of February. A.D.1879.
and offered for probate as the last Will and Testament of Ed=
=ward Evans, late of Oxford Township, in said County of Del=
=aware, deceased, and saw the said Edward Evans, now deceased,
sign and seal said instrument, and heard him acknowledge the
same to be his last Will and Testament; and I, thereupon,at
his request, and in his presence, subscribed my name to the
same as a witness. The said decedent, at the time of making,
signing and sealing said instrument, was of full age, of sound
mind and memory, and not under any restraint.
C.H. McElroy.
Sworn to and subscribed by said witness in open Court, this
7 day of December. A.D.1888.
N.F. Overturf
{Seal} Probate Judge,
Journal Entry.
December 7 1888
In the Matter of the Will }
of Edward Evans, deceased. } This day came C.H.McElroy, the
other subscribing witness to said Will,
who being duly sworn testified to the due execution and attes=
=tation of said Will. Which testimony was reduced to writing_
by him subscribed, and filed with said Will. whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Edward Evans, deceased, That the
same was duly executed and attested; and that the said Testa=
=tor, at the time of making, signing and sealing said Will was
of full age, of sound mind and memory, and not under any re:
=straint. It is, therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
[corresponds to page 273 of Delaware County Will Records Vol. 8
1887-1890]
273
Edward Evans' Will
=ing and sealing said instrument, was of full age, of sound mind
and memory, and not under any restraint.
Jno. O. McDowell.
Sworn to and subscribed by said witness in open Court, this 1st
day of December. A.D. 1888.
N.F. Overturf
{Seal} Probate Judge,
The State of Ohio }
Delaware County ss. } C.H. McElroy, being duly sworn and exam=
=ined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date the 28 day of February. A.D.1879.
and offered for probate as the last Will and Testament of Ed=
=ward Evans, late of Oxford Township, in said County of Del=
=aware, deceased, and saw the said Edward Evans, now deceased,
sign and seal said instrument, and heard him acknowledge the
same to be his last Will and Testament; and I, thereupon,at
his request, and in his presence, subscribed my name to the
same as a witness. The said decedent, at the time of making,
signing and sealing said instrument, was of full age, of sound
mind and memory, and not under any restraint.
C.H. McElroy.
Sworn to and subscribed by said witness in open Court, this
7 day of December. A.D.1888.
N.F. Overturf
{Seal} Probate Judge,
Journal Entry.
December 7 1888
In the Matter of the Will }
of Edward Evans, deceased. } This day came C.H.McElroy, the
other subscribing witness to said Will,
who being duly sworn testified to the due execution and attes=
=tation of said Will. Which testimony was reduced to writing_
by him subscribed, and filed with said Will. whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Edward Evans, deceased, That the
same was duly executed and attested; and that the said Testa=
=tor, at the time of making, signing and sealing said Will was
of full age, of sound mind and memory, and not under any re:
=straint. It is, therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same, together with
the testimony of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 340)
Description
[page 340]
[corresponds to page 274 of Delaware County Will Records Vol. 8
1887-1890]
274
Edward Evan's Will
Copy of Will.
I, Edward Evans of the County of Delaware and State of Ohio,
being of full age and of sound mind and memory and not under any
restraint, do make and publish this my last Will and Testa:
=ment, hereby revoking wills or writings in the nature of wills by
me heretofore made.
First: I give and bequeath all of my personal property remaining after
the payment of my just debts, funeral expenses and the costs of
the execution of this will, to my beloved wife Mary Evans, absolute:
=ly.
Second: I give and devise all of my real property to my wife,
Mary Evans.
during her natural life and after her decease, to my grandchild
Eddie B. Evans & his children.
Third: If my said Grandson Eddie B. Evans should not survive
my said wife, or if he should die without issue, then it is my
will that upon the decease of my said wife or upon the death
of my said grand son without issue after her decease, then it is
my will that my real property shall be sold by my Executor
and the proceeds thereof, after paying the costs and expenses of
said sale and proceedings therein, shall be distributed and paid
by my said Executor in the following manner - One fourth
of the same to be paid to my niece Sarah Reese, daughter of
my deceased sister Sarah Reese and her heirs, my said niece
lives in Wales. near the Town of Biell on the River Wye in
the Parish of Seven-ssys near the river Ethan . And three fourths
of said proceeds shall be paid to the next of kin of my said wife
Mary Evans.
Fourth I do hereby nominate and appoint my wife's brother John C.
Lewis Executor and this my last will and testament.
In testimony whereof I have
hereunto set my hand and seal this Twenty eighth day of Feb=
=ruary. A.D. 1879.
Edward Evans. {Seal}
Signed and acknowledged by said Edward Evans as his last
Will and Testament in our presence and signed by us in his
presence & at his request.
Jno O. McDowell
{Seal} C.H. McElroy.
F.B.Sprague.
Probate Judge,
[corresponds to page 274 of Delaware County Will Records Vol. 8
1887-1890]
274
Edward Evan's Will
Copy of Will.
I, Edward Evans of the County of Delaware and State of Ohio,
being of full age and of sound mind and memory and not under any
restraint, do make and publish this my last Will and Testa:
=ment, hereby revoking wills or writings in the nature of wills by
me heretofore made.
First: I give and bequeath all of my personal property remaining after
the payment of my just debts, funeral expenses and the costs of
the execution of this will, to my beloved wife Mary Evans, absolute:
=ly.
Second: I give and devise all of my real property to my wife,
Mary Evans.
during her natural life and after her decease, to my grandchild
Eddie B. Evans & his children.
Third: If my said Grandson Eddie B. Evans should not survive
my said wife, or if he should die without issue, then it is my
will that upon the decease of my said wife or upon the death
of my said grand son without issue after her decease, then it is
my will that my real property shall be sold by my Executor
and the proceeds thereof, after paying the costs and expenses of
said sale and proceedings therein, shall be distributed and paid
by my said Executor in the following manner - One fourth
of the same to be paid to my niece Sarah Reese, daughter of
my deceased sister Sarah Reese and her heirs, my said niece
lives in Wales. near the Town of Biell on the River Wye in
the Parish of Seven-ssys near the river Ethan . And three fourths
of said proceeds shall be paid to the next of kin of my said wife
Mary Evans.
Fourth I do hereby nominate and appoint my wife's brother John C.
Lewis Executor and this my last will and testament.
In testimony whereof I have
hereunto set my hand and seal this Twenty eighth day of Feb=
=ruary. A.D. 1879.
Edward Evans. {Seal}
Signed and acknowledged by said Edward Evans as his last
Will and Testament in our presence and signed by us in his
presence & at his request.
Jno O. McDowell
{Seal} C.H. McElroy.
F.B.Sprague.
Probate Judge,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 341)
Description
[page 341]
[corresponds to page 275 of Delaware County Will Records Vol. 8
1887-1890]
275
Thomas F. Maloney's Will.
Journal Entry.
December 11 1888.
In the Matter of the Will of
Thomas F. Maloney, deceased }This day, an instrument of
}writing, purporting to be the last
Will and Testament of Thomas F. Maloney, late of Delaware
City, in this County, deceased, was produced in open Court for
Probate; On Consideration Whereof, it is ordered that the said
Will be filed in this Court, and thereupon came Nellie A.
Maloney, widow of said Testator, and in writing , waived further
notice and consented to the probate of said Will. (there being
no heirs of said Testator ); thereupon came James McDonald _
and Daniel Maloney the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attestation
of said Will. Which testimony was reduced to writing, by them
respectively subscribed ,and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Thomas F. Maloney, deceased.
That the same was duly executed and attested; and that the
said Testator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court order=
=ed, that the said Will be admitted to probate, and that
the same together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned Nellie Agnes Maloney widow & next of
kin of the within named decedent, hereby waive further notice,
and consent to the probate of said Will.
Dated this 11 day of December. A.D. 1888.
Nellie A. Maloney
John F. Maloney.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court James
McDonald and Daniel Maloney the subscribing witnesses to
the last Will and Testament of Thomas Francis Maloney late
of Delaware Township in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to
[corresponds to page 275 of Delaware County Will Records Vol. 8
1887-1890]
275
Thomas F. Maloney's Will.
Journal Entry.
December 11 1888.
In the Matter of the Will of
Thomas F. Maloney, deceased }This day, an instrument of
}writing, purporting to be the last
Will and Testament of Thomas F. Maloney, late of Delaware
City, in this County, deceased, was produced in open Court for
Probate; On Consideration Whereof, it is ordered that the said
Will be filed in this Court, and thereupon came Nellie A.
Maloney, widow of said Testator, and in writing , waived further
notice and consented to the probate of said Will. (there being
no heirs of said Testator ); thereupon came James McDonald _
and Daniel Maloney the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attestation
of said Will. Which testimony was reduced to writing, by them
respectively subscribed ,and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Thomas F. Maloney, deceased.
That the same was duly executed and attested; and that the
said Testator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court order=
=ed, that the said Will be admitted to probate, and that
the same together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned Nellie Agnes Maloney widow & next of
kin of the within named decedent, hereby waive further notice,
and consent to the probate of said Will.
Dated this 11 day of December. A.D. 1888.
Nellie A. Maloney
John F. Maloney.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court James
McDonald and Daniel Maloney the subscribing witnesses to
the last Will and Testament of Thomas Francis Maloney late
of Delaware Township in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 342)
Description
[page 342]
[corresponds to page 276 of Delaware County Will Records Vol. 8 1887-1890]
276
Thomas F. Maloney's Will
the execution of said Will, depose and say: That the paper
before them bearing date the 30th day of November. A.D. 1888. pur:
=porting to be the last Will and Testament of Thomas Francis
Maloney now deceased, is the Will of said deceased, Thomas
Francis Maloney, that they were present at the execution of
said Will, and at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in his pres:
=ence; that they saw the said Will, and heard him acknowledge
the same to be his last Will and Testament, and that the said
Thomas Francis Maloney at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory,
and not under any restraint.
James McDonald
Daniel Maloney.
Sworn to and subscribed by said witnesses, in open Court, this
11 day of December. A.D. 1888.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of all, I, Thomas Fran=
:cis Maloney of the County of Delaware and City of Delaware and
State of Ohio, do hereby make & publish this my last will and testa:
=ment.
1 It is my will and desire, that all my just debts be paid in full.
2 That the residue of my estate after discharging all just obliga=
=tions as aforesaid, both real & personal of whatsoever kind I give,
devise and bequeath to my beloved wife Nellie Agnes Maloney.
3 I give - devise & bequeath to my wife Nellie Agnes Maloney,
my real estate in fee simple.-- and convey to her all the rights,
title & privileges, that I myself possess.--
4 If after my death my widow should again marry, the remain=
:der of my estate at that time, I give to my brother John F. Ma:
=loney, directing him to pay to my sister Ellen Maloney, one hundred
dollars out of the remainder of my said Estate.
5 I name & appoint my wife Nellie Agnes Maloney, sol [sic] executrix of
this my last will and testament, without bond.
In testimony hereof, I hereunto set
my hand and seal. this thirtieth day of November. A.D. one thous=
=and eight hundred and eighty eight.
Thomas Francis Maloney. {Seal}
Signed and sealed by said Thomas Francis Maloney, who at the same
time published and declared the same to be his last will & testament in
the presence of us, who in his presence and in the presence of each other
and at his request, have hereunto subscribed our names as witness.
James McDonald.
Daniel Maloney.
[corresponds to page 276 of Delaware County Will Records Vol. 8 1887-1890]
276
Thomas F. Maloney's Will
the execution of said Will, depose and say: That the paper
before them bearing date the 30th day of November. A.D. 1888. pur:
=porting to be the last Will and Testament of Thomas Francis
Maloney now deceased, is the Will of said deceased, Thomas
Francis Maloney, that they were present at the execution of
said Will, and at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in his pres:
=ence; that they saw the said Will, and heard him acknowledge
the same to be his last Will and Testament, and that the said
Thomas Francis Maloney at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory,
and not under any restraint.
James McDonald
Daniel Maloney.
Sworn to and subscribed by said witnesses, in open Court, this
11 day of December. A.D. 1888.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of all, I, Thomas Fran=
:cis Maloney of the County of Delaware and City of Delaware and
State of Ohio, do hereby make & publish this my last will and testa:
=ment.
1 It is my will and desire, that all my just debts be paid in full.
2 That the residue of my estate after discharging all just obliga=
=tions as aforesaid, both real & personal of whatsoever kind I give,
devise and bequeath to my beloved wife Nellie Agnes Maloney.
3 I give - devise & bequeath to my wife Nellie Agnes Maloney,
my real estate in fee simple.-- and convey to her all the rights,
title & privileges, that I myself possess.--
4 If after my death my widow should again marry, the remain=
:der of my estate at that time, I give to my brother John F. Ma:
=loney, directing him to pay to my sister Ellen Maloney, one hundred
dollars out of the remainder of my said Estate.
5 I name & appoint my wife Nellie Agnes Maloney, sol [sic] executrix of
this my last will and testament, without bond.
In testimony hereof, I hereunto set
my hand and seal. this thirtieth day of November. A.D. one thous=
=and eight hundred and eighty eight.
Thomas Francis Maloney. {Seal}
Signed and sealed by said Thomas Francis Maloney, who at the same
time published and declared the same to be his last will & testament in
the presence of us, who in his presence and in the presence of each other
and at his request, have hereunto subscribed our names as witness.
James McDonald.
Daniel Maloney.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 343)
Description
[page 343]
[corresponds to page 277 of Delaware County Will Records Vol. 8
1887-1890]
277
Henry Darst's Will
Journal Entry.
December 27 1888.
In the Matter of the Will of
Henry Darst, deceased.
This day, and instrument of writing,
purporting to be the last Will and Testament of Henry Darst,
late of Troy Township, in this County, deceased, was produced
in open Court for Probate; On Consideration Whereof, it is
ordered that the said Will be filed in this Court, and that
due notice thereof and of the application to admit the same to
probate and record record in this Court be given to Nancy Daars his
widow, and Sarah E. Noyle. Agna Jones Angelisha Darst
Tillie Jones, Nancy Jones, Luretta Shultz Margaaret N Treg
and Katharine E Vase heirs and next of kin of the Testator,
resident of the State of Ohio, that said application will be for
hearing before this Court on the 2 day of January. A.D.
1889. at 10 o'clock A.M. Ezra Darst one of the heirs of
the Testator having waived Notice and consented to the probate
of said Will, no notice is issued for him.
N.F. Overturf
Probate Judge.
Waiver
We, the undersigned Legatee & heir of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 27 day of December. A.D.1888.
Ezra Darst
Sarah Doyle.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the last Will and Tes=
=tament of Henry Darst, deceased.
To Sarah Hoyle. Ezra Jones - Ange=
=lisha Darst - Tillie Jones - Nancy Jones - Nancy Darst -
Luretta J. Schultz - Margaret N.Treg & Katharine E.
Case.
You are hereby notified that on the 27 day of December. A.D.
1888, an instrument of writing, purporting to be the last Will
and Testament of Henry Darst, late of Troy Township, in said
County, deceased, was produced in open Court, and an application
to admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this Court
on the 2 day of January. A.D.1889. at 10 o'clock A.M.
N.F. Overturf
{Seal} Probate Judge,
[corresponds to page 277 of Delaware County Will Records Vol. 8
1887-1890]
277
Henry Darst's Will
Journal Entry.
December 27 1888.
In the Matter of the Will of
Henry Darst, deceased.
This day, and instrument of writing,
purporting to be the last Will and Testament of Henry Darst,
late of Troy Township, in this County, deceased, was produced
in open Court for Probate; On Consideration Whereof, it is
ordered that the said Will be filed in this Court, and that
due notice thereof and of the application to admit the same to
probate and record record in this Court be given to Nancy Daars his
widow, and Sarah E. Noyle. Agna Jones Angelisha Darst
Tillie Jones, Nancy Jones, Luretta Shultz Margaaret N Treg
and Katharine E Vase heirs and next of kin of the Testator,
resident of the State of Ohio, that said application will be for
hearing before this Court on the 2 day of January. A.D.
1889. at 10 o'clock A.M. Ezra Darst one of the heirs of
the Testator having waived Notice and consented to the probate
of said Will, no notice is issued for him.
N.F. Overturf
Probate Judge.
Waiver
We, the undersigned Legatee & heir of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 27 day of December. A.D.1888.
Ezra Darst
Sarah Doyle.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the last Will and Tes=
=tament of Henry Darst, deceased.
To Sarah Hoyle. Ezra Jones - Ange=
=lisha Darst - Tillie Jones - Nancy Jones - Nancy Darst -
Luretta J. Schultz - Margaret N.Treg & Katharine E.
Case.
You are hereby notified that on the 27 day of December. A.D.
1888, an instrument of writing, purporting to be the last Will
and Testament of Henry Darst, late of Troy Township, in said
County, deceased, was produced in open Court, and an application
to admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this Court
on the 2 day of January. A.D.1889. at 10 o'clock A.M.
N.F. Overturf
{Seal} Probate Judge,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 344)
Description
[page 344]
[corresponds to page 278 of Delaware County Will Records Vol. 8
1887-1890]
278
Henry Darst's Will
Dated at Delaware Ohio, this 27 day of December. A.D.1888
Return.
The State of Ohio }
Delaware County.ss. } Ezra Darst being duly sworn, says that
on the 29 day of Dec. A.D.1888, he
served the within notice by delivering a true copy thereof to the
within named Sarah Hoyle - Ezra Jones - Angelisha Darst -
Tillie Jones - Nancy Darst - Luretta J. Schultz - Margaret N.
Trey & Katharine E. Case.
Ezra Darst.
Subscribed in my presence and sworn to before me this 2 day of
Jan.1889.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County ss.
Personally appeared in open Court-
David Dix and Thomas Schneck the subscribing witnesses to
the last Will and Testament of Henry Darst late of Troy
Township in said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date
the 14 day of March. A.D. 1876, purporting to be the last Will
and Testament of Henry Darst now deceased, is the Will of
said deceased, Henry Darst, that they were present at the ex=
=ecution of said Will, and at the request of the Testator, re:
=spectively subscribed their names to the same as witnesses,
in his presence; that they saw the said Henry Darst de:
=ceased, sign and seal said Will, and heard him acknowledge
the same to be his last Will and Testament, and that the
said Henry Darst at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not un=
=der any restraint.
David Dix
Thomas Schneck.
Sworn to and subscribed by said witnesses, in open Court,
this 2 day of Jan. A.D.1889.
N.F. Overturf
Probate Judge.
[corresponds to page 278 of Delaware County Will Records Vol. 8
1887-1890]
278
Henry Darst's Will
Dated at Delaware Ohio, this 27 day of December. A.D.1888
Return.
The State of Ohio }
Delaware County.ss. } Ezra Darst being duly sworn, says that
on the 29 day of Dec. A.D.1888, he
served the within notice by delivering a true copy thereof to the
within named Sarah Hoyle - Ezra Jones - Angelisha Darst -
Tillie Jones - Nancy Darst - Luretta J. Schultz - Margaret N.
Trey & Katharine E. Case.
Ezra Darst.
Subscribed in my presence and sworn to before me this 2 day of
Jan.1889.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County ss.
Personally appeared in open Court-
David Dix and Thomas Schneck the subscribing witnesses to
the last Will and Testament of Henry Darst late of Troy
Township in said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date
the 14 day of March. A.D. 1876, purporting to be the last Will
and Testament of Henry Darst now deceased, is the Will of
said deceased, Henry Darst, that they were present at the ex=
=ecution of said Will, and at the request of the Testator, re:
=spectively subscribed their names to the same as witnesses,
in his presence; that they saw the said Henry Darst de:
=ceased, sign and seal said Will, and heard him acknowledge
the same to be his last Will and Testament, and that the
said Henry Darst at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not un=
=der any restraint.
David Dix
Thomas Schneck.
Sworn to and subscribed by said witnesses, in open Court,
this 2 day of Jan. A.D.1889.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 345)
Description
[page 345]
[corresponds to page 279 of Delaware County Will Records Vol. 8
1887-1890]
279
Henry Darst's Will.
Journal Entry.
January. 2nd 1889.
In the Matter of the Will
of Henry Darst, deceased
Be it remembered, that heretofore,
to-wit: on the 27 day of December. A.D.1888, an instrument
of writing, purporting to be the last Will and Testament of
Henry Darst, late of Troy Township, in this County, de=
=ceased, was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and of
the application to admit the same to probate and record in
this Court, has been given to Nancy Durst his widow, and
Sarah Hoyle - Ezra Jones - Angelisha Darst - Tillie Jones -
Nancy Jones. Luretta Shultz . Margaret N. Treg and
Katharine E. Case heirs and next of kin of the Testator, res=
=ident of the State of Ohio, pursuant to a former order of
this Court; therefore, on this day came David Dix and Thom=
=as Schneck, the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said Henry
Darst, deceased. That the same was duly executed and at=
=tested; and that the said Testator, at the time of making,
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will be ad:
=mitted to probate, and that the same, together with the tes=
=timony of the witnesses above named, as well as the proceed=
=ings had thereon be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All, I Henry
Darst of Troy Township. Delaware County Ohio, do make
and publish this my Last Will and Testament.
Item 1 I give and devise to my beloved wife Nancy Darst in
lue of her Dower the farm on which we now reside sit=
=uated in Troy Township Delaware County. Ohio. contain=
=ing twenty acres during her natural life and all the stock
household goods furniture provisions and other goods and
chattels which may be thereon at the time of my decease
during her natural life as afore said on condition that she
[corresponds to page 279 of Delaware County Will Records Vol. 8
1887-1890]
279
Henry Darst's Will.
Journal Entry.
January. 2nd 1889.
In the Matter of the Will
of Henry Darst, deceased
Be it remembered, that heretofore,
to-wit: on the 27 day of December. A.D.1888, an instrument
of writing, purporting to be the last Will and Testament of
Henry Darst, late of Troy Township, in this County, de=
=ceased, was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and of
the application to admit the same to probate and record in
this Court, has been given to Nancy Durst his widow, and
Sarah Hoyle - Ezra Jones - Angelisha Darst - Tillie Jones -
Nancy Jones. Luretta Shultz . Margaret N. Treg and
Katharine E. Case heirs and next of kin of the Testator, res=
=ident of the State of Ohio, pursuant to a former order of
this Court; therefore, on this day came David Dix and Thom=
=as Schneck, the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will,
whereupon the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said Henry
Darst, deceased. That the same was duly executed and at=
=tested; and that the said Testator, at the time of making,
signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will be ad:
=mitted to probate, and that the same, together with the tes=
=timony of the witnesses above named, as well as the proceed=
=ings had thereon be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All, I Henry
Darst of Troy Township. Delaware County Ohio, do make
and publish this my Last Will and Testament.
Item 1 I give and devise to my beloved wife Nancy Darst in
lue of her Dower the farm on which we now reside sit=
=uated in Troy Township Delaware County. Ohio. contain=
=ing twenty acres during her natural life and all the stock
household goods furniture provisions and other goods and
chattels which may be thereon at the time of my decease
during her natural life as afore said on condition that she
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 346)
Description
[page 346]
[corresponds to page 280 of Delaware County Will Records Vol. 8
1887-1890]
280
Henry Darst's Will
the said Nancy Darst furnish my administraters sufficient
money to pay my indebtedness and cost of administration.
Item 2 I give and devise to son Ezra Darst his heirs and assigns
for ever the following tract or parcel of land situated in Troy
Township Delaware County. Ohio, And bounded and described
as follows being in range (19) nineteen . Township six 6 Section
Twenty four (24) being the north part of the west half of the south
west quarter of said Section (24) being the balance of said half
quarter after A lot deeded off said lot to Jacob Darst
supposed to contain Thirty Three acres.
Item 3 At the decease of my wife Nancy Darst I will and devise
that the farm of Twenty acres above willed to my wife Nancy
Darst for her natural life shall be equally divided betwixt my
seven other children (viz) Sarah Elizabeth Darst - Mary Jane
Jones, David D. Darst - Angelisha Risher - Luretta Je=
=rushia Schultz - Margaret Nancy Darst - Katharine Eve Darst-
to them and their heirs and assigns forever.
I do hereby nominate and appoint my two sones David
D. Darst and Ezra Darst Executors of this my last will and
testament.
In Testimony hereof I have hereunto set my hand and
seal this 14th day of March. A.D.1876.
Henry Darst {LS}
Signed and acknowledged by said Henry Darst as his last
Will and Testament signed in our presants and signed over
in his presants.
Attested by David Dix
Thomas Schneck.
[corresponds to page 280 of Delaware County Will Records Vol. 8
1887-1890]
280
Henry Darst's Will
the said Nancy Darst furnish my administraters sufficient
money to pay my indebtedness and cost of administration.
Item 2 I give and devise to son Ezra Darst his heirs and assigns
for ever the following tract or parcel of land situated in Troy
Township Delaware County. Ohio, And bounded and described
as follows being in range (19) nineteen . Township six 6 Section
Twenty four (24) being the north part of the west half of the south
west quarter of said Section (24) being the balance of said half
quarter after A lot deeded off said lot to Jacob Darst
supposed to contain Thirty Three acres.
Item 3 At the decease of my wife Nancy Darst I will and devise
that the farm of Twenty acres above willed to my wife Nancy
Darst for her natural life shall be equally divided betwixt my
seven other children (viz) Sarah Elizabeth Darst - Mary Jane
Jones, David D. Darst - Angelisha Risher - Luretta Je=
=rushia Schultz - Margaret Nancy Darst - Katharine Eve Darst-
to them and their heirs and assigns forever.
I do hereby nominate and appoint my two sones David
D. Darst and Ezra Darst Executors of this my last will and
testament.
In Testimony hereof I have hereunto set my hand and
seal this 14th day of March. A.D.1876.
Henry Darst {LS}
Signed and acknowledged by said Henry Darst as his last
Will and Testament signed in our presants and signed over
in his presants.
Attested by David Dix
Thomas Schneck.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 347)
Description
[page 347]
[corresponds to page 281 of Delaware County Will Records Vol. 8
1887-1890]
281
Elias Battenfield's Will.
4449 Journal Entry.
January. 17 1889.
In the Matter of the Will
of Elias Battenfield, deceased,
This day, an instrument of writ:
=ing, purporting to be the last Will and Testament of Elias
Battenfield, late of Delaware Township, in this County. de=
=ceased, was produced in open Court for Probate, On Con=
=sideration Whereof, it is ordered that the said Will be filed
in this Court. And thereupon came the following heirs
Leroy Battenfield - David H. Battenfield - Morris W. Bat:
=tenfield and Hattie A. Battenfield and in writing, waived
further Notice and consented to the Probate of said Will,
it is therefore ordered that due notice of the filing of said
Will and of the application to admit the same to probate and
record, be given to Ethel Wells, heir of the Testator, resi=
dent of the State of Ohio, that said application will be for
hearing before this Court of the 18 day of January. A.
D. 1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned, heirs of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 17 day of January. A.D.1889.
Leroy W. Battenfield Morris W. Battenfield
David H. Battenfield Hattie A. Battenfield
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the matter of the last Will and Testa=
=ment of Elias Battenfield, deceased.
To Ethel Wells: - You are hereby
notified that on the 17 day of January. A.D. 1889. an in=
=strument of writing, purporting to be the last Will and
Testament
of Elias Battenfield, late of Delaware Township, in said County,
deceased, was produced in open Court, and an application to admit
the same to probate was on the same day made in said Court.
Said application will be for hearing before this Court on the 18
day of January. A.D.1889 at 10 o'clock A.M.,
N.F. Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 17 day of January.
A.D.1889.
[corresponds to page 281 of Delaware County Will Records Vol. 8
1887-1890]
281
Elias Battenfield's Will.
4449 Journal Entry.
January. 17 1889.
In the Matter of the Will
of Elias Battenfield, deceased,
This day, an instrument of writ:
=ing, purporting to be the last Will and Testament of Elias
Battenfield, late of Delaware Township, in this County. de=
=ceased, was produced in open Court for Probate, On Con=
=sideration Whereof, it is ordered that the said Will be filed
in this Court. And thereupon came the following heirs
Leroy Battenfield - David H. Battenfield - Morris W. Bat:
=tenfield and Hattie A. Battenfield and in writing, waived
further Notice and consented to the Probate of said Will,
it is therefore ordered that due notice of the filing of said
Will and of the application to admit the same to probate and
record, be given to Ethel Wells, heir of the Testator, resi=
dent of the State of Ohio, that said application will be for
hearing before this Court of the 18 day of January. A.
D. 1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned, heirs of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 17 day of January. A.D.1889.
Leroy W. Battenfield Morris W. Battenfield
David H. Battenfield Hattie A. Battenfield
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the matter of the last Will and Testa=
=ment of Elias Battenfield, deceased.
To Ethel Wells: - You are hereby
notified that on the 17 day of January. A.D. 1889. an in=
=strument of writing, purporting to be the last Will and
Testament
of Elias Battenfield, late of Delaware Township, in said County,
deceased, was produced in open Court, and an application to admit
the same to probate was on the same day made in said Court.
Said application will be for hearing before this Court on the 18
day of January. A.D.1889 at 10 o'clock A.M.,
N.F. Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 17 day of January.
A.D.1889.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 348)
Description
[page 348]
[corresponds to page 282 of Delaware County Will Records Vol. 8
1887-1890]
282
Elias Battenfield's Will.
Return.
The State of Ohio }
Delaware County.ss. } David H. Battenfield being duly sworn -
says that on the 17 day of January
A.D.1889. he served the within notice by delivering a true copy
thereof to the within named Ethel Wills.
David H. Battenfield
Subscribed in my presence and sworn to before me this 17th day
of Jan. 1889.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court .
Frank M. Marriott and Flora M. Marriott the subscribing
witnesses to the last Will and Testament of Elias Batten=
=field, late of Delaware Township in said Delaware County, de-
=ceased who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in relation to
the execution of said Will, depose and say: That the paper before
them bearing date the 12 day of September. A.D.1888. purport:
=ing to be the last Will and Testament of Elias Battenfield
now deceased, is the Will of said deceased Elias Battenfield,
that they were present at the execution of said Will, and, at the
request of the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw the said
Elias Battenfield deceased sign and seal said Will, and
heard him acknowledge the same to be his last Will and Tes=
=tament, and that the said Elias Battenfield at the time of
making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
Frank M. Marriott
Flora M. Marriott
Sworn to and subscribed by said witnesses, in open Court -
this 18 day of January A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
January 18 1889.
In the Matter of the Will }
of Elias Battenfield, deceased. } Be it remembered, that
heretofore,
to-wit: on the 17 day of January.
A.D 1889. an instrument of writing, purporting to be the
last Will and Testament of Elias Battenfield, late of Del:
=aware Township, in this County, deceased, was produced in
[corresponds to page 282 of Delaware County Will Records Vol. 8
1887-1890]
282
Elias Battenfield's Will.
Return.
The State of Ohio }
Delaware County.ss. } David H. Battenfield being duly sworn -
says that on the 17 day of January
A.D.1889. he served the within notice by delivering a true copy
thereof to the within named Ethel Wills.
David H. Battenfield
Subscribed in my presence and sworn to before me this 17th day
of Jan. 1889.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court .
Frank M. Marriott and Flora M. Marriott the subscribing
witnesses to the last Will and Testament of Elias Batten=
=field, late of Delaware Township in said Delaware County, de-
=ceased who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in relation to
the execution of said Will, depose and say: That the paper before
them bearing date the 12 day of September. A.D.1888. purport:
=ing to be the last Will and Testament of Elias Battenfield
now deceased, is the Will of said deceased Elias Battenfield,
that they were present at the execution of said Will, and, at the
request of the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw the said
Elias Battenfield deceased sign and seal said Will, and
heard him acknowledge the same to be his last Will and Tes=
=tament, and that the said Elias Battenfield at the time of
making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
Frank M. Marriott
Flora M. Marriott
Sworn to and subscribed by said witnesses, in open Court -
this 18 day of January A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
January 18 1889.
In the Matter of the Will }
of Elias Battenfield, deceased. } Be it remembered, that
heretofore,
to-wit: on the 17 day of January.
A.D 1889. an instrument of writing, purporting to be the
last Will and Testament of Elias Battenfield, late of Del:
=aware Township, in this County, deceased, was produced in
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 349)
Description
[page 349]
[corresponds to page 283 of Delaware County Will Records Vol. 8
1887-1890]
283
Elias Battenfield's Will
open Court for probate, and was then filed. And, it now being
shown to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the same
to probate and record in this Court, has been given to Ethel
Wells, one of the heirs of said Testator, resident of the State
of Ohio, pursuant to a former order of this Court.
And the other heirs of said Testator, to-wit: Leroy W.
and Hattie A. Battenfield having waived notice and consented
to the probate of said Will; therefore, on this day came Frank
M. Marriott and Flora M. Marriott the subscribing witnesses
to said Will, who being duly sworn, testified to the due ex=
=ecution and attestation of said Will. Which testimony was
reduced to writing by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the afore=
=said instrument of writing is the last Will and Testament
of said Elias Battenfield, deceased. That the same was
duly executed and attested; and that the said Testator, at the
time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of
Last Will and Testament of Elias Battenfield.
I, Elias Battenfield, of the Township of Delaware, County
of Delaware and State of Ohio, being of sound and disposing
mind, and wishing, while yet in the possession of all my
mental faculties, to make disposition of my worldly effects
and estate, do on this 12, day of September, in the year
of our Lord, One Thousand Eight Hundred and Eighty
Eight, at my home in said Township, make and publish
this my last will and testament, that is to say:
1 Item. I desire that any debts which I may owe at my decease,
and my funeral expenses, be settled and paid.
Item 2. I give, devise and bequeath unto my much beloved grand=
=child, Ethel Wells, only child of my deceased daughter
Mary Wells, the sum of Three Hundred Dollars (300),
to be paid to her, without interest, when she shall arrive at
the age of Eighteen Years, provided she shall so long live,
[corresponds to page 283 of Delaware County Will Records Vol. 8
1887-1890]
283
Elias Battenfield's Will
open Court for probate, and was then filed. And, it now being
shown to the satisfaction of the Court, that due notice of the
filing of said Will, and of the application to admit the same
to probate and record in this Court, has been given to Ethel
Wells, one of the heirs of said Testator, resident of the State
of Ohio, pursuant to a former order of this Court.
And the other heirs of said Testator, to-wit: Leroy W.
and Hattie A. Battenfield having waived notice and consented
to the probate of said Will; therefore, on this day came Frank
M. Marriott and Flora M. Marriott the subscribing witnesses
to said Will, who being duly sworn, testified to the due ex=
=ecution and attestation of said Will. Which testimony was
reduced to writing by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the afore=
=said instrument of writing is the last Will and Testament
of said Elias Battenfield, deceased. That the same was
duly executed and attested; and that the said Testator, at the
time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the pro=
=ceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of
Last Will and Testament of Elias Battenfield.
I, Elias Battenfield, of the Township of Delaware, County
of Delaware and State of Ohio, being of sound and disposing
mind, and wishing, while yet in the possession of all my
mental faculties, to make disposition of my worldly effects
and estate, do on this 12, day of September, in the year
of our Lord, One Thousand Eight Hundred and Eighty
Eight, at my home in said Township, make and publish
this my last will and testament, that is to say:
1 Item. I desire that any debts which I may owe at my decease,
and my funeral expenses, be settled and paid.
Item 2. I give, devise and bequeath unto my much beloved grand=
=child, Ethel Wells, only child of my deceased daughter
Mary Wells, the sum of Three Hundred Dollars (300),
to be paid to her, without interest, when she shall arrive at
the age of Eighteen Years, provided she shall so long live,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 350)
Description
[page 350]
[corresponds to page 284 of Delaware County Will Records Vol. 8
1887-1890]
284
Elias Battenfield's Will
but in case of the death of her, the said Ethel Wells, before
arriving at said age aforesaid, then this bequest shall be void,
and this will shall stand as to this bequest as if the same
had not been made.
I had intended to divide the remainder and residue of my
estate, equally between my four living children, Leroy W.
Battenfield, David H. Battenfield, Hattie Battenfield and
Morris Battenfield, with the request and direction that the
same should be kept and preserved in the blood of the fami=
=ly, but my said son, Leroy W. Battenfield and David H. Bat=
=tenfield, both unite in the request, that I give all the rest
and residue of my estate to my said two unmarried children,
the said Hattie Battenfield and Morris Battenfield, who
have remained at home with me, and who have not acquired
homes of their own, And in view of their request so to me
made at various times, and having abiding confidence in my
said two sons, Leroy W. and David H. Battenfield, that they
will faithfully carry out my request, I now therefore make
the following disposition of all the rest and residue of my
estate,
that is to say:
Item 3. I give, devise and bequeath, all and singular the
residue of
my estate, both of real and personal , and of what kind soever
the same be in, at my decease, unto my much beloved sons,
Leroy W Battenfield and David H. Battenfield, to be held -
managed and controlled in trust, for the use and benefit of my
said other two children, the said Hattie and Morris Bat=
=tenfield and their heirs, and for that purpose, I desire that
my property and estate shall be kept together, so far as possi:
=ble, by said above Trustees, as I shall leave it at the time
of my decease, and that there be no division of the same, un=
=til such time, as in the judgment of said Trustees, the same
would be for the best interest of my said two children, Hattie and
Morris Battenfield. And until the marriage of one or both of
my said children, Hattie and Morris Battenfield (if they or
either of them marry), I request that they remain together
upon the home farm and jointly manage the same and the
property thereon, under and through the advice of said Trustees,
who are at all times to be consulted), and I direct that
while they do remain together, they have and enjoy equally
between them, the proceeds and income from said land, after
the payment of all taxed assessments and insurance, and keep:
=ing up the necessary repairs. But in case either of said
children shall desire to leave said homestead and go else where
to live, they have my consent to do so, and in that event,
then I direct that the other one who elects to remain and man:
=age said farm and property as aforesaid, shall pay annually
from the income of said property, to the other, such sum in
money as shall be deemed by said Trustees aforesaid fair and
equitable.
[corresponds to page 284 of Delaware County Will Records Vol. 8
1887-1890]
284
Elias Battenfield's Will
but in case of the death of her, the said Ethel Wells, before
arriving at said age aforesaid, then this bequest shall be void,
and this will shall stand as to this bequest as if the same
had not been made.
I had intended to divide the remainder and residue of my
estate, equally between my four living children, Leroy W.
Battenfield, David H. Battenfield, Hattie Battenfield and
Morris Battenfield, with the request and direction that the
same should be kept and preserved in the blood of the fami=
=ly, but my said son, Leroy W. Battenfield and David H. Bat=
=tenfield, both unite in the request, that I give all the rest
and residue of my estate to my said two unmarried children,
the said Hattie Battenfield and Morris Battenfield, who
have remained at home with me, and who have not acquired
homes of their own, And in view of their request so to me
made at various times, and having abiding confidence in my
said two sons, Leroy W. and David H. Battenfield, that they
will faithfully carry out my request, I now therefore make
the following disposition of all the rest and residue of my
estate,
that is to say:
Item 3. I give, devise and bequeath, all and singular the
residue of
my estate, both of real and personal , and of what kind soever
the same be in, at my decease, unto my much beloved sons,
Leroy W Battenfield and David H. Battenfield, to be held -
managed and controlled in trust, for the use and benefit of my
said other two children, the said Hattie and Morris Bat=
=tenfield and their heirs, and for that purpose, I desire that
my property and estate shall be kept together, so far as possi:
=ble, by said above Trustees, as I shall leave it at the time
of my decease, and that there be no division of the same, un=
=til such time, as in the judgment of said Trustees, the same
would be for the best interest of my said two children, Hattie and
Morris Battenfield. And until the marriage of one or both of
my said children, Hattie and Morris Battenfield (if they or
either of them marry), I request that they remain together
upon the home farm and jointly manage the same and the
property thereon, under and through the advice of said Trustees,
who are at all times to be consulted), and I direct that
while they do remain together, they have and enjoy equally
between them, the proceeds and income from said land, after
the payment of all taxed assessments and insurance, and keep:
=ing up the necessary repairs. But in case either of said
children shall desire to leave said homestead and go else where
to live, they have my consent to do so, and in that event,
then I direct that the other one who elects to remain and man:
=age said farm and property as aforesaid, shall pay annually
from the income of said property, to the other, such sum in
money as shall be deemed by said Trustees aforesaid fair and
equitable.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 351)
Description
[page 351]
[corresponds to page 285 of Delaware County Will Records Vol. 8
1887-1890]
285
Elias Battenfield's Will
It is my desire, and this devise is made to my said sons,
Leroy W. and David H. Battenfield, Trustees as aforesaid, upon
the trust, that at such time in the future, as the said Trustees
shall together deem it wise to do so, and for the best interest
of the said Hattie and Morris Battenfield, that they shall
convey and transfer by deed or otherwise as may be lawful, all
and
singular the said Real Estate and other property, to the said
Hattie and Morris Battenfield and their heirs absolutely, leaving
the time of said conveyance wholly and entirely to the descretion
and good judgment of said Trustees, and if, in the sound judg=
=ment of said Trustees aforesaid, they deem it wise at any
time to convey to one of said children and retain, as Trustees
as aforesaid, the share of the other, then and in that case, I direct
them to convey absolutely to such one the full divided one half
of all said property and estate, and their said Trust as to that
one shall then terminate and end, but shall continue as to the re=
=mainder thereof. In case of the death of either the said Hat:
tie or Morris Battenfield, without issue, and before the conveyance
above mentioned, then I direct that said property and estate shall
be held by said Trustees, for the use and benefit of the survivor
thereof, under like restrictions. But in the event of the death
of both said Hattie and Morris before said estate shall be conveyed
to them by said Trustees as aforesaid, and without leaving any child=
=ren then and in that case I will all and singular said estate to my
said sons, Leroy W. and David H. Battenfield and their heirs forever.
In the event of the death of either one of the Trustees aforesaid,
before said trust shall be terminated, then the survivor thereof
shall carry out the terms of said trust under this Will.
Said above Trustees are authorized and directed to sell so much
of my personal property as shall be necessary to pay any debts and
all my funeral expenses, cost of last sickness and costs of Probat:
=ing this Will. But I desire that no inventory or appraisement
be had of my property, and that no administration be had
thereon.
And I further direct that my said sons, the said Leroy W. and
David H. Battenfield, be not required to give bonds as such Trus=
=tees.
In Testimony Whereof, I have hereunto set my hand this
12 day of September 1888.
Elias Battenfield.
Signed and acknowledged by said Elias Battenfield, as his last
will and testament in our presence, and by us as witnesses, signed
in his presence and in the presence of each other, at his request.
Frank M. Marriott
Flora M. Marriott
[corresponds to page 285 of Delaware County Will Records Vol. 8
1887-1890]
285
Elias Battenfield's Will
It is my desire, and this devise is made to my said sons,
Leroy W. and David H. Battenfield, Trustees as aforesaid, upon
the trust, that at such time in the future, as the said Trustees
shall together deem it wise to do so, and for the best interest
of the said Hattie and Morris Battenfield, that they shall
convey and transfer by deed or otherwise as may be lawful, all
and
singular the said Real Estate and other property, to the said
Hattie and Morris Battenfield and their heirs absolutely, leaving
the time of said conveyance wholly and entirely to the descretion
and good judgment of said Trustees, and if, in the sound judg=
=ment of said Trustees aforesaid, they deem it wise at any
time to convey to one of said children and retain, as Trustees
as aforesaid, the share of the other, then and in that case, I direct
them to convey absolutely to such one the full divided one half
of all said property and estate, and their said Trust as to that
one shall then terminate and end, but shall continue as to the re=
=mainder thereof. In case of the death of either the said Hat:
tie or Morris Battenfield, without issue, and before the conveyance
above mentioned, then I direct that said property and estate shall
be held by said Trustees, for the use and benefit of the survivor
thereof, under like restrictions. But in the event of the death
of both said Hattie and Morris before said estate shall be conveyed
to them by said Trustees as aforesaid, and without leaving any child=
=ren then and in that case I will all and singular said estate to my
said sons, Leroy W. and David H. Battenfield and their heirs forever.
In the event of the death of either one of the Trustees aforesaid,
before said trust shall be terminated, then the survivor thereof
shall carry out the terms of said trust under this Will.
Said above Trustees are authorized and directed to sell so much
of my personal property as shall be necessary to pay any debts and
all my funeral expenses, cost of last sickness and costs of Probat:
=ing this Will. But I desire that no inventory or appraisement
be had of my property, and that no administration be had
thereon.
And I further direct that my said sons, the said Leroy W. and
David H. Battenfield, be not required to give bonds as such Trus=
=tees.
In Testimony Whereof, I have hereunto set my hand this
12 day of September 1888.
Elias Battenfield.
Signed and acknowledged by said Elias Battenfield, as his last
will and testament in our presence, and by us as witnesses, signed
in his presence and in the presence of each other, at his request.
Frank M. Marriott
Flora M. Marriott
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 352)
Description
[page 352]
[corresponds to page 286 of Delaware County Will Records Vol. 8
1887-1890]
286
John C. Nutt's Will.
Journal Entry.
February 1 1889.
In the Matter of the Will of }
John C. Nutt, deceased, }This day, an instrument of writing,
purporting to be the last Will and
Testament of John C. Nutt, late of Genoa Township, in this
County, deceased, was produced in open Court for Probate. On
consideration Whereof, it is ordered that the said Will be filed in
this Court. and that due notice thereof, and of the application to
admit the same to probate and record be given to Jesse Nutt,
one of the heirs of said Testator, resident of the State of Ohio,
Elizabeth Nutt, widow, and Mary A. Nutt McLeod - Evaline
Nutt Miller - Edward J. Nutt - Martha S. Nutt - Joseph
Nutt and John E. Nutt heirs of said Testator, resident of
the State of Ohio, having, in writing waived further Notice and
consented to the probate of said Will, that said application
will be for hearing before this Court on the 9 day of February
A.D.1889, at 10 o'clock A.M.
N.F. Overturf.
Probate Judge.
Waiver of Service Filed February. 1 1889.
State of Ohio. Delaware county. ss.
In the matter of Settlement of the Estate of John C. Nutt,
late of Genoa Township in said County, deceased, whereby he
made and provided by a last will & testament. Therefore,
We, the undersigned, Widow, and Heirs of the decedent; do
hereby waive the service of a Notice in such cases, and consent,
and allow the Probate of said Will on the day appointed by
His Honor the Probate Judge to determine the question of
Probating the Will according to law in such cases.
Genoa. January 23 1889.
By the Widow Elizabeth Nutt.
Heirs &c. Mary A. Nutt McLeod Martha S. Nutt
Evaline Nutt Miller Joseph Nutt
Edward J. Nutt. John E. Nutt.
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and Tes:
=tament of John C. Nutt, deceased.
To Jesse Nutt.
You are hereby notified that on
the 1 day of February. A.D 1889, an instrument of writing,
purporting to be the last Will and Testament of John C. Nutt
[corresponds to page 286 of Delaware County Will Records Vol. 8
1887-1890]
286
John C. Nutt's Will.
Journal Entry.
February 1 1889.
In the Matter of the Will of }
John C. Nutt, deceased, }This day, an instrument of writing,
purporting to be the last Will and
Testament of John C. Nutt, late of Genoa Township, in this
County, deceased, was produced in open Court for Probate. On
consideration Whereof, it is ordered that the said Will be filed in
this Court. and that due notice thereof, and of the application to
admit the same to probate and record be given to Jesse Nutt,
one of the heirs of said Testator, resident of the State of Ohio,
Elizabeth Nutt, widow, and Mary A. Nutt McLeod - Evaline
Nutt Miller - Edward J. Nutt - Martha S. Nutt - Joseph
Nutt and John E. Nutt heirs of said Testator, resident of
the State of Ohio, having, in writing waived further Notice and
consented to the probate of said Will, that said application
will be for hearing before this Court on the 9 day of February
A.D.1889, at 10 o'clock A.M.
N.F. Overturf.
Probate Judge.
Waiver of Service Filed February. 1 1889.
State of Ohio. Delaware county. ss.
In the matter of Settlement of the Estate of John C. Nutt,
late of Genoa Township in said County, deceased, whereby he
made and provided by a last will & testament. Therefore,
We, the undersigned, Widow, and Heirs of the decedent; do
hereby waive the service of a Notice in such cases, and consent,
and allow the Probate of said Will on the day appointed by
His Honor the Probate Judge to determine the question of
Probating the Will according to law in such cases.
Genoa. January 23 1889.
By the Widow Elizabeth Nutt.
Heirs &c. Mary A. Nutt McLeod Martha S. Nutt
Evaline Nutt Miller Joseph Nutt
Edward J. Nutt. John E. Nutt.
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and Tes:
=tament of John C. Nutt, deceased.
To Jesse Nutt.
You are hereby notified that on
the 1 day of February. A.D 1889, an instrument of writing,
purporting to be the last Will and Testament of John C. Nutt
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 353)
Description
[page 353]
[corresponds to page 287 of Delaware County Will Records Vol. 8
1887-1890]
287
John C. Nutt's Will.
late of Genoa Township, in said County, deceased, was produced
in open Court, and an application to admit the same to probate
was on the same day made in said Court. Said application
will be for hearing before this Court on the 9 day of February.
A.D. 1889. at 10 o'clock A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 1 day of February. A.D. 1889.
Return
The State of Ohio }
Delaware County.ss } Jesse Miller being duly sworn, says
that on the 5 day of February. A.D.
1889, he served the within notice by delivering a true copy thereof
to the within named Jesse Nutt.
Jesse Miller
Subscribed in my presence and sworn to before me this 9 day
of Feb. 1889.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss Personally appeared in open Court Lewis
Knox and Lovett T. Scofield the subscribing witnesses to the last
Will and Testament of John C. Nutt, late of Genoa Town=
=ship in said Delaware County, deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose and
say: That the paper before them bearing date the 11 day of Novem=
=ber.A.D. 1887, purporting to be the last Will and Testament of
John C. Nutt, now deceased, is the Will of said deceased John
C. Nutt, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence, that they
saw the said John C. Nutt deceased, sign and seal said
Will, and heard him acknowledge the same to be his last Will
and Testament, and that the said John C Nutt at the time
of making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
Lewis Knox
Lovett T. Scofield .
Sworn to and subscribed by said witnesses, in open Court,
this 9 day of February. A.D. 1889.
N.F. Overturf
Probate Judge
{Seal}
[corresponds to page 287 of Delaware County Will Records Vol. 8
1887-1890]
287
John C. Nutt's Will.
late of Genoa Township, in said County, deceased, was produced
in open Court, and an application to admit the same to probate
was on the same day made in said Court. Said application
will be for hearing before this Court on the 9 day of February.
A.D. 1889. at 10 o'clock A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio, this 1 day of February. A.D. 1889.
Return
The State of Ohio }
Delaware County.ss } Jesse Miller being duly sworn, says
that on the 5 day of February. A.D.
1889, he served the within notice by delivering a true copy thereof
to the within named Jesse Nutt.
Jesse Miller
Subscribed in my presence and sworn to before me this 9 day
of Feb. 1889.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss Personally appeared in open Court Lewis
Knox and Lovett T. Scofield the subscribing witnesses to the last
Will and Testament of John C. Nutt, late of Genoa Town=
=ship in said Delaware County, deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose and
say: That the paper before them bearing date the 11 day of Novem=
=ber.A.D. 1887, purporting to be the last Will and Testament of
John C. Nutt, now deceased, is the Will of said deceased John
C. Nutt, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence, that they
saw the said John C. Nutt deceased, sign and seal said
Will, and heard him acknowledge the same to be his last Will
and Testament, and that the said John C Nutt at the time
of making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
Lewis Knox
Lovett T. Scofield .
Sworn to and subscribed by said witnesses, in open Court,
this 9 day of February. A.D. 1889.
N.F. Overturf
Probate Judge
{Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 354)
Description
[page 354]
[corresponds to page 288 of Delaware County Will Records Vol. 8
1887-1890]
288
John C. Nutt's Will
Journal Entry.
February 9 1889
In the matter of the Will of }
John C. Nutt, deceased. } Be it remembered, that heretofore,
to-wit; on the 1 day of February.
A.D.1889, an instrument of writing purporting to be the last
Will and Testament of John C. Nutt, late of Genoa Township,
in this County, deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this Court,
has been given to Jesse Nutt, one of the heirs of said Testator,
resident of the State of Ohio, pursuant to a former order of this
Court; the Widow and other heirs of said Testator having Waived
Notice and consented to the probate of said Will; therefore on this
day came. Lewis Knox and Lovett T. Scofield the subscribing
witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament of said
John C. Nutt, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of mak=
=ing, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimony of the wit=
=nesses above named, as well as the proceedings had thereon, be
entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
I John C Nutt of Genoa Township in Delaware County. Ohio,
of lawful age, sound mind and memory, and having a desire to ar=
=range in a just manner all my earthly affairs and provide in
an equatible manner for my family.
Do make this my last will and testament in manner following:
Item 1 I direct, and my will is, that after my decease, that all my just
debts be paid by my executors hereinafter named, as speedily as
possible ; to provide for which, I also direct that my executors sell
at private or public sale all my personal property - except my house
hold goods - upon such terms of sale as may be most desirable to
my executors.
And in the application of the proceeds, after paying prefered
and incidental claims, apply on my other debts; using Insurance
due me on my life or property for that purpose. And if there
[corresponds to page 288 of Delaware County Will Records Vol. 8
1887-1890]
288
John C. Nutt's Will
Journal Entry.
February 9 1889
In the matter of the Will of }
John C. Nutt, deceased. } Be it remembered, that heretofore,
to-wit; on the 1 day of February.
A.D.1889, an instrument of writing purporting to be the last
Will and Testament of John C. Nutt, late of Genoa Township,
in this County, deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this Court,
has been given to Jesse Nutt, one of the heirs of said Testator,
resident of the State of Ohio, pursuant to a former order of this
Court; the Widow and other heirs of said Testator having Waived
Notice and consented to the probate of said Will; therefore on this
day came. Lewis Knox and Lovett T. Scofield the subscribing
witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament of said
John C. Nutt, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of mak=
=ing, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimony of the wit=
=nesses above named, as well as the proceedings had thereon, be
entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
I John C Nutt of Genoa Township in Delaware County. Ohio,
of lawful age, sound mind and memory, and having a desire to ar=
=range in a just manner all my earthly affairs and provide in
an equatible manner for my family.
Do make this my last will and testament in manner following:
Item 1 I direct, and my will is, that after my decease, that all my just
debts be paid by my executors hereinafter named, as speedily as
possible ; to provide for which, I also direct that my executors sell
at private or public sale all my personal property - except my house
hold goods - upon such terms of sale as may be most desirable to
my executors.
And in the application of the proceeds, after paying prefered
and incidental claims, apply on my other debts; using Insurance
due me on my life or property for that purpose. And if there
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 355)
Description
[page 355]
corresponds to page 289 of Delaware County Will Records Vol. 8
1887-1890]
289
John C. Nutt's Will
should still be needed for the means to meet the payment of
my debts I direct in that case that my executors provide the
same in such manner as may seem best to that end:
either in the sale of, or mortgage of my real estate in part
or the whole, without any special order of the court in that be=
=half. Having at the same time in view the necessary
provisions for a home and support of my wife Mrs. Elizabeth
Nutt, under the care and careful and good management of my
executors, so far as they shall provide to the satisfac.
=tion - and approval of my said wife.
Item 2 I give, devise, and bequeath unto my said wife Elizabeth Nutt,
in lieu of her dower for her use and benefit after my decease
and during her life time, all her house hold goods of every de=
=scription, which I may own and possess at my decease.
Also, the income from the rents and profits of the home farm,
or any accruing interest therefrom, together with the enjoyment
of a home at the homestead if practicable and desired by her dur=
=ing her lifetime; all of which is to be considered as the residue
and income of my real estate, after my debts are paid and certain
legacies herein mentioned are satisfied by my executors, to-wit:
Item 3 To my oldist son John E. Nutt- by a former wife - I give
and bequeath to him the sum of Ten Dollars, having theretofore
made advances to him of considerable money and other property.
Also to the child, and heir of my son, Jacob W Nutt,
now deceased, to whom in his life time I also made large ad=
=vancements of money and property, yet I direct my executors to
give to his child if living at the time of my decease the sum of
Five Dollars.
Also to Carrie A. Nutt child of my son Joseph T. Nutt
I give the sum of Fifty Dollars in consideration of her
kindness to myself and wife.
Also to my daughter Martha S. Nutt who is single and
lives at our home, I give and bequeath to her, an extra allow=
=ance for an outfit the sum of One Hundred Dollars.
Item 4 If the residue and remainder of my personal property including
household goods, and my real estate, which I may own, and
possess after the death of myself and my said wife Elizabeth
Nutt, (she having been comfortable provided for by my executors
as herein contemplated they having paid the incidental expense
of her last sickness, according to the intention of this Will.)
Then by the conditions of this Will, I give, devise, and be=
=queath such residue and remainder of my personal and real
estate property, after the death of my said wife, unto the follow=
=ing named children their heirs and assigns forever, to be
equally divided and apportioned by mutual agreement, or by com:
=missioners as the case may be - Namely: To
Joseph T. Nutt . son of my present wife.
corresponds to page 289 of Delaware County Will Records Vol. 8
1887-1890]
289
John C. Nutt's Will
should still be needed for the means to meet the payment of
my debts I direct in that case that my executors provide the
same in such manner as may seem best to that end:
either in the sale of, or mortgage of my real estate in part
or the whole, without any special order of the court in that be=
=half. Having at the same time in view the necessary
provisions for a home and support of my wife Mrs. Elizabeth
Nutt, under the care and careful and good management of my
executors, so far as they shall provide to the satisfac.
=tion - and approval of my said wife.
Item 2 I give, devise, and bequeath unto my said wife Elizabeth Nutt,
in lieu of her dower for her use and benefit after my decease
and during her life time, all her house hold goods of every de=
=scription, which I may own and possess at my decease.
Also, the income from the rents and profits of the home farm,
or any accruing interest therefrom, together with the enjoyment
of a home at the homestead if practicable and desired by her dur=
=ing her lifetime; all of which is to be considered as the residue
and income of my real estate, after my debts are paid and certain
legacies herein mentioned are satisfied by my executors, to-wit:
Item 3 To my oldist son John E. Nutt- by a former wife - I give
and bequeath to him the sum of Ten Dollars, having theretofore
made advances to him of considerable money and other property.
Also to the child, and heir of my son, Jacob W Nutt,
now deceased, to whom in his life time I also made large ad=
=vancements of money and property, yet I direct my executors to
give to his child if living at the time of my decease the sum of
Five Dollars.
Also to Carrie A. Nutt child of my son Joseph T. Nutt
I give the sum of Fifty Dollars in consideration of her
kindness to myself and wife.
Also to my daughter Martha S. Nutt who is single and
lives at our home, I give and bequeath to her, an extra allow=
=ance for an outfit the sum of One Hundred Dollars.
Item 4 If the residue and remainder of my personal property including
household goods, and my real estate, which I may own, and
possess after the death of myself and my said wife Elizabeth
Nutt, (she having been comfortable provided for by my executors
as herein contemplated they having paid the incidental expense
of her last sickness, according to the intention of this Will.)
Then by the conditions of this Will, I give, devise, and be=
=queath such residue and remainder of my personal and real
estate property, after the death of my said wife, unto the follow=
=ing named children their heirs and assigns forever, to be
equally divided and apportioned by mutual agreement, or by com:
=missioners as the case may be - Namely: To
Joseph T. Nutt . son of my present wife.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 356)
Description
[page 356]
corresponds to page 290 of Delaware County Will Records Vol. 8
1887-1890]
290
John C. Nutt's Will.
Mary A. Nutt McLeod.
Evaline M. Nutt Miller
Edward J. Nutt
Charles J. Nutt and
Martha S. Nutt, as equal heirs under this paragraph, all
the residue of my estate personal and real as above recited.
Item 5 I appoint Jesse Miller and Edward J. Nutt executors,
both
of whom are citizens of Genoa Township, in said Delaware Coun=
=ty to be the executors of this my last Will, with full power
and authority to carry out every and each provision of this will as
above provided; and I hereby revoke all wills by me heretofore
made and confirm only this to be my last will and testiment and
without required bond of my executors.
In witness whereof I have signed
and sealed and published and declared this instrument as my
will this 11 day of November. A.D. 1887.
John C. Nutt {Seal}
Signed, sealed, and published by John C. Nutt the testator
as and for his last Will, in the presence of us, who at his
request, in his presence and in presence of each other have
hereunto set our names as witnesses.
Lewis Knox Witnesses reside
Lovett T. Scofield at Westerville Ohio.
corresponds to page 290 of Delaware County Will Records Vol. 8
1887-1890]
290
John C. Nutt's Will.
Mary A. Nutt McLeod.
Evaline M. Nutt Miller
Edward J. Nutt
Charles J. Nutt and
Martha S. Nutt, as equal heirs under this paragraph, all
the residue of my estate personal and real as above recited.
Item 5 I appoint Jesse Miller and Edward J. Nutt executors,
both
of whom are citizens of Genoa Township, in said Delaware Coun=
=ty to be the executors of this my last Will, with full power
and authority to carry out every and each provision of this will as
above provided; and I hereby revoke all wills by me heretofore
made and confirm only this to be my last will and testiment and
without required bond of my executors.
In witness whereof I have signed
and sealed and published and declared this instrument as my
will this 11 day of November. A.D. 1887.
John C. Nutt {Seal}
Signed, sealed, and published by John C. Nutt the testator
as and for his last Will, in the presence of us, who at his
request, in his presence and in presence of each other have
hereunto set our names as witnesses.
Lewis Knox Witnesses reside
Lovett T. Scofield at Westerville Ohio.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 357)
Description
[page 357]
[corresponds to page 291 of Delaware County Will Records Vol. 8
1887-1890]
291
Louisa Waterman's Will
Journal Entry.
February 13 1889
In the Matter of the Will
of Louisa Waterman, deceased
This day ,an instrument of writing
purporting to be the last Will and Testament of Louisa Water=
=man, late of Delaware City, in this County deceased, was
produced in open Court for Probate; On Consideration Where=
=of, it is ordered that the said Will be filed in this Court -
and that due notice thereof, and of the application to admit
the same to probate and record, be given to Fida L Carlisle -
one of the heirs of said Testatrix resident of the State of Ohio
-
Cora E. Evans and Edward W. Tyler the other heirs of
said Testatrix, resident of the State of Ohio, having in writing.
waived further notice, and consented to the probate of said Will
-
that said application will be for hearing . before this Court , on
the 16th day of February. A.D. 1889, at 2 o'clock P.M.
N.F. Overturf
Probate Judge.
Waiver
We, the undersigned next of kin of the within named decedent
hereby waive further notice, and consent to the probate of said
Will.
Dated this 13 day of February. A.D. 1889.
Cora E. Evans.
Fida L. Carlisle
Edward W. Tyler.
Journal Entry
February 16 1889.
In the Matter of the Will of }
Louisa Waterman, deceased. }
Be it remembered, that heretofore, to-wit:
on the 13th day of February. A.D.1889. an instrument of writ:
:ing, purporting to be the last Will and Testament and Codicil
thereto of Louisa
A. Waterman, late of Delaware City, in this County. de:
=ceased, was produced in open Court for probate, and was then
filed. And it now appearing to the Court that Cora E
Evans. Edward W. Tyler and Fida L. Carlisle, heirs
and next of kin of the Testatrix, resident of the State of Ohio -
have waived Notice, and consented to the probate of said Will.
Therefore,on this day came F. B. Sprague, one of the sub=
=scribing witnesses to said Will,who being duly sworn, testified to
the due execution and attestation of said Will. Which test=
=timony was reduced to writing by him subscribed, and filed with
said Will.
The further hearing of said Will is continued to take the
[corresponds to page 291 of Delaware County Will Records Vol. 8
1887-1890]
291
Louisa Waterman's Will
Journal Entry.
February 13 1889
In the Matter of the Will
of Louisa Waterman, deceased
This day ,an instrument of writing
purporting to be the last Will and Testament of Louisa Water=
=man, late of Delaware City, in this County deceased, was
produced in open Court for Probate; On Consideration Where=
=of, it is ordered that the said Will be filed in this Court -
and that due notice thereof, and of the application to admit
the same to probate and record, be given to Fida L Carlisle -
one of the heirs of said Testatrix resident of the State of Ohio
-
Cora E. Evans and Edward W. Tyler the other heirs of
said Testatrix, resident of the State of Ohio, having in writing.
waived further notice, and consented to the probate of said Will
-
that said application will be for hearing . before this Court , on
the 16th day of February. A.D. 1889, at 2 o'clock P.M.
N.F. Overturf
Probate Judge.
Waiver
We, the undersigned next of kin of the within named decedent
hereby waive further notice, and consent to the probate of said
Will.
Dated this 13 day of February. A.D. 1889.
Cora E. Evans.
Fida L. Carlisle
Edward W. Tyler.
Journal Entry
February 16 1889.
In the Matter of the Will of }
Louisa Waterman, deceased. }
Be it remembered, that heretofore, to-wit:
on the 13th day of February. A.D.1889. an instrument of writ:
:ing, purporting to be the last Will and Testament and Codicil
thereto of Louisa
A. Waterman, late of Delaware City, in this County. de:
=ceased, was produced in open Court for probate, and was then
filed. And it now appearing to the Court that Cora E
Evans. Edward W. Tyler and Fida L. Carlisle, heirs
and next of kin of the Testatrix, resident of the State of Ohio -
have waived Notice, and consented to the probate of said Will.
Therefore,on this day came F. B. Sprague, one of the sub=
=scribing witnesses to said Will,who being duly sworn, testified to
the due execution and attestation of said Will. Which test=
=timony was reduced to writing by him subscribed, and filed with
said Will.
The further hearing of said Will is continued to take the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 358)
Description
[page 358]
[corresponds to page 292 of Delaware County Will Records Vol. 8
1887-1890]
292
Louisa Waterman's Will
testimony of J. L. Tyler, the other subscribing witness to said
Will - and of Mrs. Lillie Salman and John M. Sycks, the
subscribing witnesses to the Codicil of said Will, until the
28th day of February. A.D. 1889. at 9,30 oclock. A.M.
N. F. Overturf
Probate Judge.
Testimony of F. B. Sprague.
In Probate Court. } In the Matter of Proving the last Will and
Delaware County. Ohio } Testament of Louisa Waterman. Deceased.
The State of Ohio }
Delaware County.ss. } F.B. Sprague, being duly sworn and examined
as a witness in the above entitled matter,
says; I was present at the execution of the instrument now shown
to me, bearing date the 22d day of April. A.D. 1881. and offered
for probate as the last Will and Testament of Louisa Waterman,
late of Delaware City, in said County of Delaware, deceased, and
saw the said Louisa Waterman, now deceased sign and seal said in:
=strument, and heard her acknowledge the same to be her last Will
and Testament; and I, thereupon, at her request, and in her pres:
=ence, subscribed my name to the same as a witness The said
decedent, at the time of making, signing and sealing said instru:
=ment, was of full age, of sound mind and memory. and not under
any restraint.
F.B. Sprague.
Sworn to and subscribed by said witness in open Court, this
16 day of February. A D. 1889
N.F. Overturf
{Seal} Probate Judge
Testimony of J. L. Tyler.
In Probate Court. In the Matter of Proving the last Will and
Delaware County. Ohio. Testament of Louisa Waterman, Deceased.
The State of Ohio }
Delaware County } J L Tyler, being duly sworn and examined
as a witness in the above entitled matter,
says, I was present at the execution of the instrument now shown
to me, bearing date the 22 day of April. A.D.1881, and offered for
probate as the last Will and Testament of Louisa Waterman, late
of Delaware City, in said County of Delaware, deceased, and saw the
said Louisa Waterman, now deceased, sign and seal said instrument,
and heard her acknowledge the same to be her last Will and Tes:
=tament; and I, thereupon, at her request, and in her presence, sub:
=scribed my name to the same as a witness. The said decedent
[corresponds to page 292 of Delaware County Will Records Vol. 8
1887-1890]
292
Louisa Waterman's Will
testimony of J. L. Tyler, the other subscribing witness to said
Will - and of Mrs. Lillie Salman and John M. Sycks, the
subscribing witnesses to the Codicil of said Will, until the
28th day of February. A.D. 1889. at 9,30 oclock. A.M.
N. F. Overturf
Probate Judge.
Testimony of F. B. Sprague.
In Probate Court. } In the Matter of Proving the last Will and
Delaware County. Ohio } Testament of Louisa Waterman. Deceased.
The State of Ohio }
Delaware County.ss. } F.B. Sprague, being duly sworn and examined
as a witness in the above entitled matter,
says; I was present at the execution of the instrument now shown
to me, bearing date the 22d day of April. A.D. 1881. and offered
for probate as the last Will and Testament of Louisa Waterman,
late of Delaware City, in said County of Delaware, deceased, and
saw the said Louisa Waterman, now deceased sign and seal said in:
=strument, and heard her acknowledge the same to be her last Will
and Testament; and I, thereupon, at her request, and in her pres:
=ence, subscribed my name to the same as a witness The said
decedent, at the time of making, signing and sealing said instru:
=ment, was of full age, of sound mind and memory. and not under
any restraint.
F.B. Sprague.
Sworn to and subscribed by said witness in open Court, this
16 day of February. A D. 1889
N.F. Overturf
{Seal} Probate Judge
Testimony of J. L. Tyler.
In Probate Court. In the Matter of Proving the last Will and
Delaware County. Ohio. Testament of Louisa Waterman, Deceased.
The State of Ohio }
Delaware County } J L Tyler, being duly sworn and examined
as a witness in the above entitled matter,
says, I was present at the execution of the instrument now shown
to me, bearing date the 22 day of April. A.D.1881, and offered for
probate as the last Will and Testament of Louisa Waterman, late
of Delaware City, in said County of Delaware, deceased, and saw the
said Louisa Waterman, now deceased, sign and seal said instrument,
and heard her acknowledge the same to be her last Will and Tes:
=tament; and I, thereupon, at her request, and in her presence, sub:
=scribed my name to the same as a witness. The said decedent
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 359)
Description
[page 359]
[corresponds to page 293 of Delaware County Will Records Vol. 8
1887-1890]
293
Louisa Waterman's Will
at the time of making, signing and sealing said instrument, was
of full age, of sound mind and memory. and not under any re=
=straint.
J.L. Tyler.
Sworn to and subscribed by said witness in open Court, this 28
day of February. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Testimony of Witnesses to Codicil
The State of Ohio } In Probate Court
Delaware County.ss } Personally appeared in open Court Mrs.
Lillie Saeman and John M. Sycks.
the subscribing witnesses to the Codicil to the last Will and
Testament of Louisa Waterman, late of Delaware City, in
said Delaware County, deceased; who being duly sworn accord=
=ing to law, to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Codicil, depose and
say: That the paper before them bearing date the 19 day of Oct=
=ober. A.D. 1885. purporting to be a Codicil to the last Will and
Testament of Louisa Waterman now deceased, is the Codicil
to the last Will of said deceased Louisa Waterman, that
they were present at the execution of said Codicil and at the
request of the Testatrix, respectively subscribed their names to
the same as witnesses, in her presence; that they saw the said
Louisa Waterman deceased, sign and seal said Codicil to
said Will, and heard her acknowledge the same to be her
Codicil to her last Will and Testament, and that the said
Louisa Waterman at the time of making, signing and sealing
said Codicil, was of full age, of sound mind and memory, and
not under any restraint.
Mrs. Lillie Saeman
John M. Sycks.
Sworn to and subscribed by said witnesses in open Court this
28 day of February. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
February 28' 1889.
In the Matter of the Will of }
Louisa Waterman, decd }
The hearing of said Will having
been continued until this day, thereupon cause J.L.Tyler
the other subscribing witness to said Will, who being duly
sworn, testified to the due execution of said
Will, Which testimony was reduced to writing, by him sub=
[corresponds to page 293 of Delaware County Will Records Vol. 8
1887-1890]
293
Louisa Waterman's Will
at the time of making, signing and sealing said instrument, was
of full age, of sound mind and memory. and not under any re=
=straint.
J.L. Tyler.
Sworn to and subscribed by said witness in open Court, this 28
day of February. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Testimony of Witnesses to Codicil
The State of Ohio } In Probate Court
Delaware County.ss } Personally appeared in open Court Mrs.
Lillie Saeman and John M. Sycks.
the subscribing witnesses to the Codicil to the last Will and
Testament of Louisa Waterman, late of Delaware City, in
said Delaware County, deceased; who being duly sworn accord=
=ing to law, to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Codicil, depose and
say: That the paper before them bearing date the 19 day of Oct=
=ober. A.D. 1885. purporting to be a Codicil to the last Will and
Testament of Louisa Waterman now deceased, is the Codicil
to the last Will of said deceased Louisa Waterman, that
they were present at the execution of said Codicil and at the
request of the Testatrix, respectively subscribed their names to
the same as witnesses, in her presence; that they saw the said
Louisa Waterman deceased, sign and seal said Codicil to
said Will, and heard her acknowledge the same to be her
Codicil to her last Will and Testament, and that the said
Louisa Waterman at the time of making, signing and sealing
said Codicil, was of full age, of sound mind and memory, and
not under any restraint.
Mrs. Lillie Saeman
John M. Sycks.
Sworn to and subscribed by said witnesses in open Court this
28 day of February. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
February 28' 1889.
In the Matter of the Will of }
Louisa Waterman, decd }
The hearing of said Will having
been continued until this day, thereupon cause J.L.Tyler
the other subscribing witness to said Will, who being duly
sworn, testified to the due execution of said
Will, Which testimony was reduced to writing, by him sub=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 360)
Description
[page 360]
[corresponds to page 294 of Delaware County Will Records Vol. 8
1887-1890]
294
Louisa Waterman's Will
=scribed and filed with said Will.
Also came Mrs. Lillie Saeman and John M. Sycks, the
subscribing witnesses to the Codicil of said Will. who being
duly sworn, testified to the due execution and attestation of
said Codicil to said Will, which testimony was reduced to
writing, by them respectively subscribed, and filed with said
Will. whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament and
Codicil thereto, of said Louisa Waterman . deceased.
That the same was duly executed and attested, and that the
said Testatrix, at the time of making, signing and sealing said
Will and Codicil thereto, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will and the Codicil thereto, be
admitted to probate, and that the same, together with the tes:
=timony of the witnesses above named, as well as the proceed=
ings had thereon be entered of record in this Court.
N. F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of all I Louisa
Waterman of Delaware County. Ohio, being of
sound mind and retentive memory do make and publish this
my last Will and Testament, revoking any and all former wills
by me heretofore made.
1 All my just debts shall be fully paid out of any proper=
ty left by me.
2 I give and bequeath in equal proportions to my three
Grand
children Cora E. Evans. Edward W. Tyler and Fida L.
Carlisle, all my remaining property of every description and where:
=ever the same may be provided that if either of the above nam:
=ed grandchildren shall die leaving no children, then said prop:
=erty shall go to the survivor or survivors.
3 I hereby nominate and appoint my Grand Son Edward W. Ty:
=ler Executor of this my last Will and Testament, and no bonds
shall be required of him.
In witness whereof, I have hereunto set my hand
and seal this the 22 day of April. 1881.
Louisa Waterman {Seal}
Signed in our presence who in the presence of Testator and
at her request do hereunto set our hands the day and year
above written.
F.B. Sprague
J.L. Tyler
[corresponds to page 294 of Delaware County Will Records Vol. 8
1887-1890]
294
Louisa Waterman's Will
=scribed and filed with said Will.
Also came Mrs. Lillie Saeman and John M. Sycks, the
subscribing witnesses to the Codicil of said Will. who being
duly sworn, testified to the due execution and attestation of
said Codicil to said Will, which testimony was reduced to
writing, by them respectively subscribed, and filed with said
Will. whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament and
Codicil thereto, of said Louisa Waterman . deceased.
That the same was duly executed and attested, and that the
said Testatrix, at the time of making, signing and sealing said
Will and Codicil thereto, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will and the Codicil thereto, be
admitted to probate, and that the same, together with the tes:
=timony of the witnesses above named, as well as the proceed=
ings had thereon be entered of record in this Court.
N. F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of all I Louisa
Waterman of Delaware County. Ohio, being of
sound mind and retentive memory do make and publish this
my last Will and Testament, revoking any and all former wills
by me heretofore made.
1 All my just debts shall be fully paid out of any proper=
ty left by me.
2 I give and bequeath in equal proportions to my three
Grand
children Cora E. Evans. Edward W. Tyler and Fida L.
Carlisle, all my remaining property of every description and where:
=ever the same may be provided that if either of the above nam:
=ed grandchildren shall die leaving no children, then said prop:
=erty shall go to the survivor or survivors.
3 I hereby nominate and appoint my Grand Son Edward W. Ty:
=ler Executor of this my last Will and Testament, and no bonds
shall be required of him.
In witness whereof, I have hereunto set my hand
and seal this the 22 day of April. 1881.
Louisa Waterman {Seal}
Signed in our presence who in the presence of Testator and
at her request do hereunto set our hands the day and year
above written.
F.B. Sprague
J.L. Tyler
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 361)
Description
[page 361]
[corresponds to page 295 of Delaware County Will Records Vol. 8
1887-1890]
295
Louisa Waterman's Will
Codicil to Will
My First Codicil.
I, Louisa Waterman of Delaware, O, do make this my
first Codicil, hereby confirming my Last Will made on
the twenty-second day of April. Eighteen.hundred and
eighty-one at Delaware, O, so far as this Codicil is con=
=sistent therewith: and do hereby give, devise, bequeath of my
estate & property, real & personal as follows: that is to say,
I give unto Timothy H. Graves of Sunbury. Delaware
Co. Ohio, a traveling agent. One Hundred and Fifty Dol:
=lars and to Tilla Graves the wife of said Timothy H.
Graves One Hundred and Fifty Dollars, this bequest to be
for her sole & separate use, independent of her husband, at all
times.
In witness whereof, I have signed & sealed and pub:
=lished & declared this instrument as my Codicil, at Dela=
=ware, O. this nineteenth day of October. Eighteen hundred
and Eighty five.
Louisa Waterman {Seal}
The said Louisa Waterman at Delaware O., this nineteenth
day of October, Eighteen hundred and eighty five, signed & sealed
this instrument and published and declared the same as her
first Codicil - and we at her request and in her presence and
in the presence of each other have hereunto written our names
as subscribing witnesses.
Mrs. Lillie Saerman
John M. Sycks.
[corresponds to page 295 of Delaware County Will Records Vol. 8
1887-1890]
295
Louisa Waterman's Will
Codicil to Will
My First Codicil.
I, Louisa Waterman of Delaware, O, do make this my
first Codicil, hereby confirming my Last Will made on
the twenty-second day of April. Eighteen.hundred and
eighty-one at Delaware, O, so far as this Codicil is con=
=sistent therewith: and do hereby give, devise, bequeath of my
estate & property, real & personal as follows: that is to say,
I give unto Timothy H. Graves of Sunbury. Delaware
Co. Ohio, a traveling agent. One Hundred and Fifty Dol:
=lars and to Tilla Graves the wife of said Timothy H.
Graves One Hundred and Fifty Dollars, this bequest to be
for her sole & separate use, independent of her husband, at all
times.
In witness whereof, I have signed & sealed and pub:
=lished & declared this instrument as my Codicil, at Dela=
=ware, O. this nineteenth day of October. Eighteen hundred
and Eighty five.
Louisa Waterman {Seal}
The said Louisa Waterman at Delaware O., this nineteenth
day of October, Eighteen hundred and eighty five, signed & sealed
this instrument and published and declared the same as her
first Codicil - and we at her request and in her presence and
in the presence of each other have hereunto written our names
as subscribing witnesses.
Mrs. Lillie Saerman
John M. Sycks.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 362)
Description
[page 362]
[corresponds to page 296 of Delaware County Will Records Vol. 8
1887-1890]
296
Abram Highwarden's Will.
Journal Entry.
February 15 1889.
In the Matter of the Will of }
Abram Highwarden - deceased. }
This day, an instrument of
writing, purporting to be the last Will and Testament of Abram
Highwarden, late of Delaware City, in this County deceased -
was produced in open Court for Probate; On Consideration
Whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to ad:
=mit the same to probate and record, be given to Ladora J.
Burdon, one of the heirs of the Testator, resident of the State
of Ohio, Mary L Highwarden widow, and John W. High:
=warden. E.A, Highwarden - A. Highwarden - Jr. heirs of
said Testator, resident of the State of Ohio, having in writ=
=ing, waived further Notice and consented to the probate of said
Will ) that said application will be for hearing before this
Court, on the 25 day of February. A.D.1889. at 10 o'clock
A.M.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned Next of kin of the within named dec=
=edent, hereby waive further notice and consent to the probate
of
said Will.
Dated this 15 day of February. A.D.1889.
John W. Highwarden
E. A. Highwarden
A. Highwarden
Mary L. Highwarden.
'
Journal Entry.
February. 25 1889.
In the Matter of the Will of }
Abram Highwarden, deceased. }
This being the day set for the hear:
=ing of said Will, and the Witnesses to said Will failing
to appear - and proof of the service of Ledora J. Burden not
having been filed , the hearing of said Will is continued until
the 5 day of March. A.D. 1889. at 9 o'clock A.M.
N.F. Overturf
Probate Judge.
[corresponds to page 296 of Delaware County Will Records Vol. 8
1887-1890]
296
Abram Highwarden's Will.
Journal Entry.
February 15 1889.
In the Matter of the Will of }
Abram Highwarden - deceased. }
This day, an instrument of
writing, purporting to be the last Will and Testament of Abram
Highwarden, late of Delaware City, in this County deceased -
was produced in open Court for Probate; On Consideration
Whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to ad:
=mit the same to probate and record, be given to Ladora J.
Burdon, one of the heirs of the Testator, resident of the State
of Ohio, Mary L Highwarden widow, and John W. High:
=warden. E.A, Highwarden - A. Highwarden - Jr. heirs of
said Testator, resident of the State of Ohio, having in writ=
=ing, waived further Notice and consented to the probate of said
Will ) that said application will be for hearing before this
Court, on the 25 day of February. A.D.1889. at 10 o'clock
A.M.
N.F. Overturf
Probate Judge.
Waiver.
We, the undersigned Next of kin of the within named dec=
=edent, hereby waive further notice and consent to the probate
of
said Will.
Dated this 15 day of February. A.D.1889.
John W. Highwarden
E. A. Highwarden
A. Highwarden
Mary L. Highwarden.
'
Journal Entry.
February. 25 1889.
In the Matter of the Will of }
Abram Highwarden, deceased. }
This being the day set for the hear:
=ing of said Will, and the Witnesses to said Will failing
to appear - and proof of the service of Ledora J. Burden not
having been filed , the hearing of said Will is continued until
the 5 day of March. A.D. 1889. at 9 o'clock A.M.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 363)
Description
[page 363]
[corresponds to page 297 of Delaware County Will Records Vol. 8
1887-1890]
297
Abram Highwarden's Will.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County ss. }
In the Matter of the last Will and Tes:
=tament of Abram Highwarden - deceased.
To Ladora J. Burden
You are hereby notified that on the 15 day of February.
A.D. 1889. an instrument of writing. purporting to be the
last Will and Testament of Abram Highwarden, late
of Delaware Township, in said County, deceased, was produced
in open Court, and an application to admit the same to pro:
=bate was on the same day made in said Court. Said
application will be for hearing before this Court on the 25
day of February .A.D. 1889, at 10 o'clock _A.M.,
N.F.Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 15 day of Febru=
=ary. A.D. 1889.
Return.
The State of Ohio
Delaware County.ss. E. A. Highwarden being duly sworn
says that on the 16 day of February
A.D. 1889, he served the within notice by delivering a
true copy thereof to the within named Ledora J. Burden.
E.A. Highwarden.
Subscribed in my presence and sworn to before me this 5
day of March. 1889.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court Alex=
=ander H. Dall and Laroy Lambert the subscribing witness=
=es to the last Will and Testament of Abram Highwarden
late of Delaware City, in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to
the execution of said Will, depose and say: That the paper
before them bearing date the 9 day of January . A.D. 1889,
purporting to be the last Will and Testament of Abram
Highwarden now deceased is the Will of said deceased, Abram
Highwarden, that they were present at the execution of said
Will, and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence, that
[corresponds to page 297 of Delaware County Will Records Vol. 8
1887-1890]
297
Abram Highwarden's Will.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County ss. }
In the Matter of the last Will and Tes:
=tament of Abram Highwarden - deceased.
To Ladora J. Burden
You are hereby notified that on the 15 day of February.
A.D. 1889. an instrument of writing. purporting to be the
last Will and Testament of Abram Highwarden, late
of Delaware Township, in said County, deceased, was produced
in open Court, and an application to admit the same to pro:
=bate was on the same day made in said Court. Said
application will be for hearing before this Court on the 25
day of February .A.D. 1889, at 10 o'clock _A.M.,
N.F.Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 15 day of Febru=
=ary. A.D. 1889.
Return.
The State of Ohio
Delaware County.ss. E. A. Highwarden being duly sworn
says that on the 16 day of February
A.D. 1889, he served the within notice by delivering a
true copy thereof to the within named Ledora J. Burden.
E.A. Highwarden.
Subscribed in my presence and sworn to before me this 5
day of March. 1889.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court Alex=
=ander H. Dall and Laroy Lambert the subscribing witness=
=es to the last Will and Testament of Abram Highwarden
late of Delaware City, in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to
the execution of said Will, depose and say: That the paper
before them bearing date the 9 day of January . A.D. 1889,
purporting to be the last Will and Testament of Abram
Highwarden now deceased is the Will of said deceased, Abram
Highwarden, that they were present at the execution of said
Will, and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence, that
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 364)
Description
[page 364]
[corresponds to page 298 of Delaware County Will Records Vol. 8
1887-1890]
298
Abram Highwarden's Will
they saw the said Abram Highwarden deceased, sign and seal
said Will, and heard him acknowledge the same to be his last
Will and Testament, and that the said Abram Highwarden
at the time of making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under any re:
=straint.
Alexander H. Dall
Laroy Lambert.
Signed and subscribed by said witnesses, in open Court this
5 day of March. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
March 5 1889.
In the Matter of the Will of }
Abram Highwarden, deceased. }
Be it remembered, that heretofore,
to-wit: on the 15 day of February. A.D. 1889, an instrument
of writing, purporting to be the last Will and Testament of
Abram Highwarden, late of Delaware City, in this
County, deceased, was produced in open Court for probate,
and was then filed. and the same was set for hearing on the
25 day of February. A.D. 1889, at which time the hearing
was continued until this date. And, it now being shown
to the satisfaction of the Court, that due notice of the filing
of said Will, and of the application to admit the same to
probate and record in this Court, has been given to Ledora
J. Burden one of the heirs of said Testator, resident of the
State of Ohio, pursuant to a former order of this Court,
the widow and other heirs of said Testator having waived
Notice and consented to the probate of said Will:) therefore,
on this day came Alexander H. Dall and Laroy Lambert, the
subscribing witnesses to said Will, who being duly sworn, tes:
:tified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them respective=
=ly subscribed, and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the last
Will and Testament of said Abram Highwarden, de:
=ceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate -
and that the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be entered
of record in this Court.
N.F. Overturf
Probate Judge
[corresponds to page 298 of Delaware County Will Records Vol. 8
1887-1890]
298
Abram Highwarden's Will
they saw the said Abram Highwarden deceased, sign and seal
said Will, and heard him acknowledge the same to be his last
Will and Testament, and that the said Abram Highwarden
at the time of making, signing and sealing said Will, was of
full age, of sound mind and memory, and not under any re:
=straint.
Alexander H. Dall
Laroy Lambert.
Signed and subscribed by said witnesses, in open Court this
5 day of March. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
March 5 1889.
In the Matter of the Will of }
Abram Highwarden, deceased. }
Be it remembered, that heretofore,
to-wit: on the 15 day of February. A.D. 1889, an instrument
of writing, purporting to be the last Will and Testament of
Abram Highwarden, late of Delaware City, in this
County, deceased, was produced in open Court for probate,
and was then filed. and the same was set for hearing on the
25 day of February. A.D. 1889, at which time the hearing
was continued until this date. And, it now being shown
to the satisfaction of the Court, that due notice of the filing
of said Will, and of the application to admit the same to
probate and record in this Court, has been given to Ledora
J. Burden one of the heirs of said Testator, resident of the
State of Ohio, pursuant to a former order of this Court,
the widow and other heirs of said Testator having waived
Notice and consented to the probate of said Will:) therefore,
on this day came Alexander H. Dall and Laroy Lambert, the
subscribing witnesses to said Will, who being duly sworn, tes:
:tified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them respective=
=ly subscribed, and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the last
Will and Testament of said Abram Highwarden, de:
=ceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate -
and that the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be entered
of record in this Court.
N.F. Overturf
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 365)
Description
[page 365]
[corresponds to page 299 of Delaware County Will Records Vol. 8
1887-1890]
299
Abram Highwarden's Will.
Copy of Will.
In the name of the Benevolent Father of All, I, Abram
Highwarden of the City of Delaware County of Delaware
and State of Ohio, being of sound and disposing mind and
memory do make and publish this my last Will and Testa:
=ment.
First. I desire all my just debts be paid including my funeral expenses.
Second. I will and bequeath unto my wife Mary L.Highwarden-
should she survive me, in lieu of dower my homestead at
the corner of Ross and Davids Street in the City of
Delaware Ohio, to use and occupy during her natural life or
as long as she shall remain my widow, but in case she
shall cease her dower shall be assigned therein, and
said property divided as hereinafter stated.
Third. I give unto my said wife the use of all my household
goods, furniture and other chattles which may be on said
premises at my death including my tools and garden im=
=plements, during her life or as long as she remains my
widow, and the same are to be used by no one else but to be
kept for her benefit.
Fourth. I desire my Executor to retain enough of what money,
notes, credits, bonds or other evidences of indebtedness
that I may be possessed of to pay & keep up the tax and
insurance upon said homestead, until the same is finally
divided among my children, and the balance of said moneys
credits notes bonds &c. I give to my said wife.
Fourth. I give to my son Edward A. Highwarden my watch
and my rifle, and I desire him to purchase for myself and
family a lot in Oak Grove Cemetery and to remove there:
=to the bodies of my three children from the old cemetery
near the University where they are now buried.
Fifth At the death of my said wife or should she re-marry, then
at such time I desire all my personal estate, including
furniture, household goods and all the other chattels
herein mentioned, which my wife shall have, shall be
equally divided between such of my children as shall be
living in Delaware Ohio, and they shall pay, or make
up to such of my children as are living elsewhere what
would be their fair share of said property.
Sixth At the death of my said wife or at her remarriage I
desire that my real Estate shall be equally divided be=
=tween my seven children Edward A. Highwarden - John
W. Highwarden - Abram Highwarden - Joshua Highwarden -
Douglas Highwarden - Leroy Highwarden & Ledora Burden
and I hereby empower my Executor to hold said property or
[corresponds to page 299 of Delaware County Will Records Vol. 8
1887-1890]
299
Abram Highwarden's Will.
Copy of Will.
In the name of the Benevolent Father of All, I, Abram
Highwarden of the City of Delaware County of Delaware
and State of Ohio, being of sound and disposing mind and
memory do make and publish this my last Will and Testa:
=ment.
First. I desire all my just debts be paid including my funeral expenses.
Second. I will and bequeath unto my wife Mary L.Highwarden-
should she survive me, in lieu of dower my homestead at
the corner of Ross and Davids Street in the City of
Delaware Ohio, to use and occupy during her natural life or
as long as she shall remain my widow, but in case she
shall cease her dower shall be assigned therein, and
said property divided as hereinafter stated.
Third. I give unto my said wife the use of all my household
goods, furniture and other chattles which may be on said
premises at my death including my tools and garden im=
=plements, during her life or as long as she remains my
widow, and the same are to be used by no one else but to be
kept for her benefit.
Fourth. I desire my Executor to retain enough of what money,
notes, credits, bonds or other evidences of indebtedness
that I may be possessed of to pay & keep up the tax and
insurance upon said homestead, until the same is finally
divided among my children, and the balance of said moneys
credits notes bonds &c. I give to my said wife.
Fourth. I give to my son Edward A. Highwarden my watch
and my rifle, and I desire him to purchase for myself and
family a lot in Oak Grove Cemetery and to remove there:
=to the bodies of my three children from the old cemetery
near the University where they are now buried.
Fifth At the death of my said wife or should she re-marry, then
at such time I desire all my personal estate, including
furniture, household goods and all the other chattels
herein mentioned, which my wife shall have, shall be
equally divided between such of my children as shall be
living in Delaware Ohio, and they shall pay, or make
up to such of my children as are living elsewhere what
would be their fair share of said property.
Sixth At the death of my said wife or at her remarriage I
desire that my real Estate shall be equally divided be=
=tween my seven children Edward A. Highwarden - John
W. Highwarden - Abram Highwarden - Joshua Highwarden -
Douglas Highwarden - Leroy Highwarden & Ledora Burden
and I hereby empower my Executor to hold said property or
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 366)
Description
[page 366]
[corresponds to page 300 of Delaware County Will Records Vol. 8
1887-1890]
300
Abram Highwarden's Will.
sell the same forthwith whenever he shall deem it best for my
Estate, and for the best interest of my children.
I nominate my son
Edward A. Highwarden Executor of this my last Will
and Testament.
In testimony whereof I have hereunto set
my hand and seal this 9 day of January. A.D. 1889.
his
Abram X Highwarden. {Seal}
mark
Signed and acknowledged by the said Abram Highwarden as
and for his last Will and Testament in our presence who at
his request in his presence and in the presence of each other
have
subscribed our names as subscribing witnesses.
Alexander H. Dall
Laroy Lambert.
[corresponds to page 300 of Delaware County Will Records Vol. 8
1887-1890]
300
Abram Highwarden's Will.
sell the same forthwith whenever he shall deem it best for my
Estate, and for the best interest of my children.
I nominate my son
Edward A. Highwarden Executor of this my last Will
and Testament.
In testimony whereof I have hereunto set
my hand and seal this 9 day of January. A.D. 1889.
his
Abram X Highwarden. {Seal}
mark
Signed and acknowledged by the said Abram Highwarden as
and for his last Will and Testament in our presence who at
his request in his presence and in the presence of each other
have
subscribed our names as subscribing witnesses.
Alexander H. Dall
Laroy Lambert.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 367)
Description
[page 367]
[corresponds to page 301 of Delaware County Will Records Vol. 8 1887-1890]
Rhoda Maria Frost's Will 301
Journal Entry.
March 27 1889.
In the Matter of the Will of
Rhoda Maria Frost - Deceased.
This day an instrument of writing,
purporting to be the last Will and Testament of Rhoda Maria
Frost, late of Delaware Township, in this County, deceased,
was produced in open Court for Probate: On Consideration
Whereof, it is ordered that the said Will be filed in this
Court. And thereupon came Julia A. Patridge, the only
next of kin of said Testatrix, resident of the State of Ohio, and
in writing waived further notice, and consented to the Probate of
said Will. And thereupon came John S. Jones and H.H.
Beecher the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by them re=
=spectively subscribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Rhoda Maria Frost, deceased.
That the same was duly executed and attested: and that the
said testatrix at the time of making , signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is therefore by the Court ordered, that the
said Will be admitted to probate, and that the same together
with the testimony of the witnesses above named as well as the
proceedings had thereon be entered of record in this Court.
W. F Overturf
Probate Judge.
Waiver
I, the undersigned Julia A. Pateridge of the within named dec-
edent hereby waive further notice, and consent to the probate
said Will.
Dated this 27" day of March A.D. 1889
Julia A. Patridge
Probate of Will
The State of Ohio } In Probate Court.
Delaware County }
Personally appeared in open Court,John
S. Jones and Henery H. Bucher the subscribing witnesses to the
last Will and Testament of Rhodia Mariah Frost, late of Dela-
ware Township in said Delaware County, deceased; who being
duly sworn according to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date
the 19 day of March A.D. 1884 purporting to be the last Will and
Testament of Rhodia Mariah Frost now deceased is the Will
[corresponds to page 301 of Delaware County Will Records Vol. 8 1887-1890]
Rhoda Maria Frost's Will 301
Journal Entry.
March 27 1889.
In the Matter of the Will of
Rhoda Maria Frost - Deceased.
This day an instrument of writing,
purporting to be the last Will and Testament of Rhoda Maria
Frost, late of Delaware Township, in this County, deceased,
was produced in open Court for Probate: On Consideration
Whereof, it is ordered that the said Will be filed in this
Court. And thereupon came Julia A. Patridge, the only
next of kin of said Testatrix, resident of the State of Ohio, and
in writing waived further notice, and consented to the Probate of
said Will. And thereupon came John S. Jones and H.H.
Beecher the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said
Will. Which testimony was reduced to writing, by them re=
=spectively subscribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Rhoda Maria Frost, deceased.
That the same was duly executed and attested: and that the
said testatrix at the time of making , signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is therefore by the Court ordered, that the
said Will be admitted to probate, and that the same together
with the testimony of the witnesses above named as well as the
proceedings had thereon be entered of record in this Court.
W. F Overturf
Probate Judge.
Waiver
I, the undersigned Julia A. Pateridge of the within named dec-
edent hereby waive further notice, and consent to the probate
said Will.
Dated this 27" day of March A.D. 1889
Julia A. Patridge
Probate of Will
The State of Ohio } In Probate Court.
Delaware County }
Personally appeared in open Court,John
S. Jones and Henery H. Bucher the subscribing witnesses to the
last Will and Testament of Rhodia Mariah Frost, late of Dela-
ware Township in said Delaware County, deceased; who being
duly sworn according to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date
the 19 day of March A.D. 1884 purporting to be the last Will and
Testament of Rhodia Mariah Frost now deceased is the Will
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 368)
Description
[page 368]
[corresponds to page 302 of Delaware County Will Records Vol. 8 1887-
1890]
302
Rhodia Maria Frosts Will
of said deceased, Rhodia Mariah Frost, that they were present
at the execution of said Will and at the request of the Testatrix
respectively subscribed there names to the same as witnesses in
his presence, that they saw the said Rhodia Mariah Frost
deceased sign and seal said Will, and heard her acknowledge the
same to be her last Will and Testament, and that the said
Rhodia Mariah Frost, at the time of making, signing, and sealing
said Will, was of full age, of sound mind and memory, and
under any restraint.
John S.Jones
H.H. Bucher
Sworn to and subscribed by said witnesses, in open Court this
27th day of March A.D. 1889.
W. F. Overturf
Probate Judge
Copy of Will
In the name of the Benevolent Father of All: I Rhodia
Maria Frost do make and publish this my last Will and Tes-
tament:
Item 1st I desire that all my just debts and funeral expenses shall
be first paid.
Second. I desire that Lodowick B. Crandall, Julia A. Patridge and
Cinthia E. Willis shall be paid Fifty Dollars each which
sums I desire shall be a lien in my real estate.
Third. I desire the balance of my estate both real and personal after
paying the foregoing legacies and items set forth in the first and
second items of this my Will shall be equally divided between
Wesley F. Robson and Abbie F. Ayer.
In testimony hereof, I have hereunto set my
hand and seal this 19th day of September. A.D. 1884
Rhoda Maria Frost (seal)
Signed and acknowledged
by said Rhoda Maria
Frost as her last Will and
Testament in our presence
& signed by us in her pres-
ence & at her request.
John S. Jones
Henry W. Bucher.
[corresponds to page 302 of Delaware County Will Records Vol. 8 1887-
1890]
302
Rhodia Maria Frosts Will
of said deceased, Rhodia Mariah Frost, that they were present
at the execution of said Will and at the request of the Testatrix
respectively subscribed there names to the same as witnesses in
his presence, that they saw the said Rhodia Mariah Frost
deceased sign and seal said Will, and heard her acknowledge the
same to be her last Will and Testament, and that the said
Rhodia Mariah Frost, at the time of making, signing, and sealing
said Will, was of full age, of sound mind and memory, and
under any restraint.
John S.Jones
H.H. Bucher
Sworn to and subscribed by said witnesses, in open Court this
27th day of March A.D. 1889.
W. F. Overturf
Probate Judge
Copy of Will
In the name of the Benevolent Father of All: I Rhodia
Maria Frost do make and publish this my last Will and Tes-
tament:
Item 1st I desire that all my just debts and funeral expenses shall
be first paid.
Second. I desire that Lodowick B. Crandall, Julia A. Patridge and
Cinthia E. Willis shall be paid Fifty Dollars each which
sums I desire shall be a lien in my real estate.
Third. I desire the balance of my estate both real and personal after
paying the foregoing legacies and items set forth in the first and
second items of this my Will shall be equally divided between
Wesley F. Robson and Abbie F. Ayer.
In testimony hereof, I have hereunto set my
hand and seal this 19th day of September. A.D. 1884
Rhoda Maria Frost (seal)
Signed and acknowledged
by said Rhoda Maria
Frost as her last Will and
Testament in our presence
& signed by us in her pres-
ence & at her request.
John S. Jones
Henry W. Bucher.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 369)
Description
[page 369]
[corresponds to page 303 of Delaware County Will Records Vol. 8 1887-
1890] 303
Owen Robinson's Will
Journal Entry
April 2nd 1889
In the Matter of the Will }
of Owen Robinson deceased } This day, an instrument of writing
purporting to be the last Will and
Testament of Owen Robinson, late of Genoa Township, in this
County, deceased was produced in open Court for Probate; On
consideration thereof, it is ordered that the said Will be filed
in this Court.
And it appearing to the Court that there are no next of kin of
said Testator resident of the State of Ohio, thereupon came
W.D. Breanahan and Michael Malone, the subscribing witness-
es to said Will, who being duly sworn, testified to the due exe-
cution and attestation of said Will. Which testimony was re-
duced to writing, by them respectively subscribed, and filed with
said Will whereupon the Court finds that the aforesaid instru--
ment of writing is the last Will and Testament of said Owen
Robinson, deceased. That the same was duly executed and at-
tested:and that the said Testator at the time of making, sign
ing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is therefore by the
Court ordered, that the said Will be admitted to probate and
that the same, together with the testimony of the witnesses above
named as well as the proceedings had thereon be entered of record
in this Court.
W.D Bresnahan
Michael Malone.
[corresponds to page 303 of Delaware County Will Records Vol. 8 1887-
1890] 303
Owen Robinson's Will
Journal Entry
April 2nd 1889
In the Matter of the Will }
of Owen Robinson deceased } This day, an instrument of writing
purporting to be the last Will and
Testament of Owen Robinson, late of Genoa Township, in this
County, deceased was produced in open Court for Probate; On
consideration thereof, it is ordered that the said Will be filed
in this Court.
And it appearing to the Court that there are no next of kin of
said Testator resident of the State of Ohio, thereupon came
W.D. Breanahan and Michael Malone, the subscribing witness-
es to said Will, who being duly sworn, testified to the due exe-
cution and attestation of said Will. Which testimony was re-
duced to writing, by them respectively subscribed, and filed with
said Will whereupon the Court finds that the aforesaid instru--
ment of writing is the last Will and Testament of said Owen
Robinson, deceased. That the same was duly executed and at-
tested:and that the said Testator at the time of making, sign
ing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is therefore by the
Court ordered, that the said Will be admitted to probate and
that the same, together with the testimony of the witnesses above
named as well as the proceedings had thereon be entered of record
in this Court.
W.D Bresnahan
Michael Malone.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 370)
Description
[page 370]
[corresponds to page 304 of Delaware County Will Records Vol. 8 1887-
1890]
304
Owen Robinson's Will
Sworn to and subscribed by said witnesses, in open Court, this 2nd
day of April A.D. 1889
(seal) W. F. Overturf
Probate Judge.
Copy of Will
Columbus O, Feby 16th 1886
I, Owen Robinson of Genoa Town-
ship, Delaware County, State of Ohio, make this my last
Will. I give devise, and bequeath my estate and property, real
and personal, as follows, that is to say: unto Patrick Bresnahan
viz: All groceries that may be in my possession.
Two horses, two Wagons, & every thing in my possession
including Books, & Accounts, and also an insurance Policy
carried by said Patrick Bresnahan for the sum of $1000.00. One
Thousand Dollars in the Metropolitan Life Insurance Com-
pany for to satisfy him for monies and other kind treatment that
the said Patrick Bresnahan has bestowed on me.
Thereby subscribed my
name to this article and I am in good sound sense to the
same.
Owen Robinson
Witnesses
W.D.Bresnahan
Michael Malone.
[corresponds to page 304 of Delaware County Will Records Vol. 8 1887-
1890]
304
Owen Robinson's Will
Sworn to and subscribed by said witnesses, in open Court, this 2nd
day of April A.D. 1889
(seal) W. F. Overturf
Probate Judge.
Copy of Will
Columbus O, Feby 16th 1886
I, Owen Robinson of Genoa Town-
ship, Delaware County, State of Ohio, make this my last
Will. I give devise, and bequeath my estate and property, real
and personal, as follows, that is to say: unto Patrick Bresnahan
viz: All groceries that may be in my possession.
Two horses, two Wagons, & every thing in my possession
including Books, & Accounts, and also an insurance Policy
carried by said Patrick Bresnahan for the sum of $1000.00. One
Thousand Dollars in the Metropolitan Life Insurance Com-
pany for to satisfy him for monies and other kind treatment that
the said Patrick Bresnahan has bestowed on me.
Thereby subscribed my
name to this article and I am in good sound sense to the
same.
Owen Robinson
Witnesses
W.D.Bresnahan
Michael Malone.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 371)
Description
[page 371]
[corresponds to page 305 of Delaware County Will Records Vol. 8 1887-
1890]
305
Hannah J. Galbreaths Estate.
Journal Entry
April, 2nd 1889
In the Mater of the Will of:}
Hanah J. Galbreath, dec'd }
This day an instrument of writing
purporting to be the last Will and testament of Hannah J.
Galbreath, late of Brown Township in this County, deceased
was produced in open Court for Probate, On consideration
thereof it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to
admit the same to probate and record be given to John Gal-
breath her widower, there being no next of kin of the Testa-
trix resident of the State of Ohio, that said application
will be for hearing before this Court on the 6th day of April.
A.D. 1889 at 10 o'clock A.M.
W. F. Overturf
Probate Judge
Notice to Heirs
The State of Ohio }
Delaware County } In Probate Court
In the Matter of the last Will and Testament
of Hannah J. Galbreath, deceased.
To John Galbreath
You are hereby notified that
on the 2nd day of April A.D. 1889 an instrument of writing pur-
porting to be the last Will and Testament of Hannah J. Galbreath
late of Brown Township, in said County deceased, was produced
in open Court and an application to admit the same to probate
was the same day made in said Court. Said application
will be for hearing before this Court in the 6th day of April. A.D.
1889
at 10 o'clock A.M.
W. F. Overturf
Probate Judge
Dated at Delaware Ohio, this 2nd day of April A.D. 1889
{seal}
Return
The State of Ohio}
Delaware County } T. R Smith being duly sworn says
that on the 2nd day of April A.D. 1889
he served the within notice by delivering a true copy thereof to
the within named John J. Galbreath.
Thomas R. Smith
Subscribed in my presence and sworn to before me this 6th
day of Apr. 1889
(seal) W.F Overturf
Probate Judge.
[corresponds to page 305 of Delaware County Will Records Vol. 8 1887-
1890]
305
Hannah J. Galbreaths Estate.
Journal Entry
April, 2nd 1889
In the Mater of the Will of:}
Hanah J. Galbreath, dec'd }
This day an instrument of writing
purporting to be the last Will and testament of Hannah J.
Galbreath, late of Brown Township in this County, deceased
was produced in open Court for Probate, On consideration
thereof it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to
admit the same to probate and record be given to John Gal-
breath her widower, there being no next of kin of the Testa-
trix resident of the State of Ohio, that said application
will be for hearing before this Court on the 6th day of April.
A.D. 1889 at 10 o'clock A.M.
W. F. Overturf
Probate Judge
Notice to Heirs
The State of Ohio }
Delaware County } In Probate Court
In the Matter of the last Will and Testament
of Hannah J. Galbreath, deceased.
To John Galbreath
You are hereby notified that
on the 2nd day of April A.D. 1889 an instrument of writing pur-
porting to be the last Will and Testament of Hannah J. Galbreath
late of Brown Township, in said County deceased, was produced
in open Court and an application to admit the same to probate
was the same day made in said Court. Said application
will be for hearing before this Court in the 6th day of April. A.D.
1889
at 10 o'clock A.M.
W. F. Overturf
Probate Judge
Dated at Delaware Ohio, this 2nd day of April A.D. 1889
{seal}
Return
The State of Ohio}
Delaware County } T. R Smith being duly sworn says
that on the 2nd day of April A.D. 1889
he served the within notice by delivering a true copy thereof to
the within named John J. Galbreath.
Thomas R. Smith
Subscribed in my presence and sworn to before me this 6th
day of Apr. 1889
(seal) W.F Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 372)
Description
[page 372]
[corresponds to page 306 of Delaware County Will Records Vol. 8 1887-
1890]
306
Hannah J. Galbreaths Will
Probate of Will
The State of Ohio } In Probate Court
Delaware County }
Personally appeared in open Court, Gabrail
May and Mary O. Sumbert the subscribing witnesses to the last
Will and testament of Hannah J. Galbreath late of Brown
Township in said Delaware County, deceased who being duly
sworn according to law to speak the truth, the whole truth and
nothing but the truth, in relation to the execution of said Will
repair and say. That the paper before them bearing date the 2nd
day of January A.D 1889 purporting to be the last Will and
Testament of Hannah J. Galbreath now deceased, is the Will
of said deceased Hannah J. Galbreath, that they were present
of the execution of said Will, and at the request of the Testatrix
respectively subscribed their names to the same as witnesses in
her presence that they saw the said Hannah J. Galbreath
deceased, sign and seal said Will and heard her acknowledge
the same to be her last Will and Testament, and that the
said Hannah J. Galbreath at the time of making signing,
and sealing said Will was of full age, of sound mind and mem-
ory and not under any restraint.
Gabriel May
Mary O. Sumbert
Sworn to and subscribed by said witnesses, in open Court this
6th day of April A.D. 1889.
(seal) W. F. Overturf
Probate Judge
Journal Entry.
April 6th 1889
In the Matter of the Will of }
Hannah J. Galbreath, deceased} Be it remembered, that heretofore
to wit: on the 2nd day of April A.D.
1889, an instrument of writing, purporting to be the last Will
and Testament of Hannah J. Gaalbreath, late of Brown Town-
ship in this County, deceased was produced in open Court for
probate, and was then filed. And, it now being shown to the
satisfaction of the Court that due notice of the filing of said
Will and of the application to admit the same to probate and
record in this Court has been given to John Galbreath,
widower of said Testatrix, There being no next of kin of said
Testatrix resident of the State of Ohio; therefore, on this
day came Gabriel May and Mary O. Sumbert the subscribing
witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will, which testimon-
y was reduced to writing, by them respectively subscribed and
filed with said Will, whereupon the Court finds that the
[corresponds to page 306 of Delaware County Will Records Vol. 8 1887-
1890]
306
Hannah J. Galbreaths Will
Probate of Will
The State of Ohio } In Probate Court
Delaware County }
Personally appeared in open Court, Gabrail
May and Mary O. Sumbert the subscribing witnesses to the last
Will and testament of Hannah J. Galbreath late of Brown
Township in said Delaware County, deceased who being duly
sworn according to law to speak the truth, the whole truth and
nothing but the truth, in relation to the execution of said Will
repair and say. That the paper before them bearing date the 2nd
day of January A.D 1889 purporting to be the last Will and
Testament of Hannah J. Galbreath now deceased, is the Will
of said deceased Hannah J. Galbreath, that they were present
of the execution of said Will, and at the request of the Testatrix
respectively subscribed their names to the same as witnesses in
her presence that they saw the said Hannah J. Galbreath
deceased, sign and seal said Will and heard her acknowledge
the same to be her last Will and Testament, and that the
said Hannah J. Galbreath at the time of making signing,
and sealing said Will was of full age, of sound mind and mem-
ory and not under any restraint.
Gabriel May
Mary O. Sumbert
Sworn to and subscribed by said witnesses, in open Court this
6th day of April A.D. 1889.
(seal) W. F. Overturf
Probate Judge
Journal Entry.
April 6th 1889
In the Matter of the Will of }
Hannah J. Galbreath, deceased} Be it remembered, that heretofore
to wit: on the 2nd day of April A.D.
1889, an instrument of writing, purporting to be the last Will
and Testament of Hannah J. Gaalbreath, late of Brown Town-
ship in this County, deceased was produced in open Court for
probate, and was then filed. And, it now being shown to the
satisfaction of the Court that due notice of the filing of said
Will and of the application to admit the same to probate and
record in this Court has been given to John Galbreath,
widower of said Testatrix, There being no next of kin of said
Testatrix resident of the State of Ohio; therefore, on this
day came Gabriel May and Mary O. Sumbert the subscribing
witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will, which testimon-
y was reduced to writing, by them respectively subscribed and
filed with said Will, whereupon the Court finds that the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 373)
Description
[page 373]
[corresponds to page 307 of Delaware County Will Records Vol. 8 1887-
1890]
307
Hannah J. Galbreath's Will
aforesaid instrument of writing is the last Will and Testa-
ment of said Hannah J. Galbreath, deceased, That the
same was duly executed and atested; and that the said
Testatrix, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not
under any restraint. It is therefore, by the Court or-
dered , that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses above
named as well as the proceedings had thereon, be entered of
record in this Court.
W. F. Overturf
Probate Judge
Copy of Will
In the name of the Benevolent Father of All, I Hannah
J. Galbreath of Brown Tp. Delaware County Ohio.
being of sound & disposing mind & memory, do make, publish
& declare this to be my last Will & Testament, to-wit:
I. I desire that after my decease my Executor, hereafter nam=
=ed, shall pay all my just debts funeral expenses & costs
of administration. That he shall purchase in Oak Grove
Cemetery the north half of the lot of which C.C. Emer:
=son owns the south half for my burial place & that with=
=in reasonable time he shall have erected to my memory
a Monument not exceeding Fifty Dollars in value.
II. I desire to & do hereby make the following bequests:
(1) To Eunice Emerson Miller, my Sewing Machine &
Small Coarse printed Testament: Also three of my best
towels:
(2). To Mrs. Mattie Lear, A Rocking Chair formerly
belonging to S.M. Williamson.
(3) To Lizzie Cunningham, One Sett of of Silver Tea Spoons.
(4) To Mary Cunningham, One Sett of knives & forks.
(5) To Phebe Elliott. One Corner Bracket & One large
Picture.
(6) To Rosana Meeker, One Feather Bed & the Brown
Walnut Bedstead formerly belonging to S.M.Williamson.
(7) To Charles Emerson, One Feather Bed,
(8) To Alfred L. Emerson One Comfort made of his
Grandmothers dresses, & his choice of the other quilts.
(9) To Mrs. Mary Jennings, One Sett of Cane bottomed
chairs.
(10) To my husband John Galbreath, my best Feather bed,
III. I desire & request that the picture or likeness of
S.M.Williamson
[corresponds to page 307 of Delaware County Will Records Vol. 8 1887-
1890]
307
Hannah J. Galbreath's Will
aforesaid instrument of writing is the last Will and Testa-
ment of said Hannah J. Galbreath, deceased, That the
same was duly executed and atested; and that the said
Testatrix, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not
under any restraint. It is therefore, by the Court or-
dered , that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses above
named as well as the proceedings had thereon, be entered of
record in this Court.
W. F. Overturf
Probate Judge
Copy of Will
In the name of the Benevolent Father of All, I Hannah
J. Galbreath of Brown Tp. Delaware County Ohio.
being of sound & disposing mind & memory, do make, publish
& declare this to be my last Will & Testament, to-wit:
I. I desire that after my decease my Executor, hereafter nam=
=ed, shall pay all my just debts funeral expenses & costs
of administration. That he shall purchase in Oak Grove
Cemetery the north half of the lot of which C.C. Emer:
=son owns the south half for my burial place & that with=
=in reasonable time he shall have erected to my memory
a Monument not exceeding Fifty Dollars in value.
II. I desire to & do hereby make the following bequests:
(1) To Eunice Emerson Miller, my Sewing Machine &
Small Coarse printed Testament: Also three of my best
towels:
(2). To Mrs. Mattie Lear, A Rocking Chair formerly
belonging to S.M. Williamson.
(3) To Lizzie Cunningham, One Sett of of Silver Tea Spoons.
(4) To Mary Cunningham, One Sett of knives & forks.
(5) To Phebe Elliott. One Corner Bracket & One large
Picture.
(6) To Rosana Meeker, One Feather Bed & the Brown
Walnut Bedstead formerly belonging to S.M.Williamson.
(7) To Charles Emerson, One Feather Bed,
(8) To Alfred L. Emerson One Comfort made of his
Grandmothers dresses, & his choice of the other quilts.
(9) To Mrs. Mary Jennings, One Sett of Cane bottomed
chairs.
(10) To my husband John Galbreath, my best Feather bed,
III. I desire & request that the picture or likeness of
S.M.Williamson
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 374)
Description
[page 374]
[corresponds to page 308 of Delaware County Will Records Vol. 8 1887-
1890]
308
Hannah J. Galbreath's Estate.
my former husband be buried with me.
IV My Table Linen & Household Goods not herein specially be:
=queathed I desire my husband to distribute among my nieces as
he may think just & proper.
V I desire & request that all my personal property be sold & the
proceeds applied toward the payment of my debts
VI The carpet on the sitting rome floor I give & bequeath to
Jos=
=eph Williamson.
VII All my real estate I give & bequeath to my husband John
Galbreath on condition that he pay to Eunice E. Miller
One Hundred & Fifty Dollars and to Mrs Mattie Lear
Fifty Dollars: provided however, that if the personal proper:
=ty should not pay my debts and expenses, and pay my husband
well for any expense he may have incurred on my behalf &
for his care of me during my last sickness then & in that
case the One Hundred & Fifty Dollars and the Fifty Dol=
=lars shall not be paid as above specified.
VIII I do hereby nominate & appoint T.R.Smith Executor of
this Will & authorize & empower him to adjust & settle all
claims due me or owing by me, to dispose of the personal proper:
=ty either at public or private sale & to do all & singular the
before mentioned requirements of this last Will & Testament.
IX I give & bequeath to Charles Williamson Two stands.
X All the rest & residue of my Household goods & effects I here=
=by authorize my husband to dispose of us as he may think best.
XI My wardrobe & clothing I give & bequeath to my nieces.
In witness hereof I
hereto set my hand & seal this second day of January.A.D.1889.
Hannah J. Galbreath.
The State of Ohio. Delaware County.
Signed & sealed by Hannah J. Galbreath in our
presence this second day of January. A.D.1889. & by us
signed in her presence & at her request by us.
Gabriel May
Mary O. Lambert
[corresponds to page 308 of Delaware County Will Records Vol. 8 1887-
1890]
308
Hannah J. Galbreath's Estate.
my former husband be buried with me.
IV My Table Linen & Household Goods not herein specially be:
=queathed I desire my husband to distribute among my nieces as
he may think just & proper.
V I desire & request that all my personal property be sold & the
proceeds applied toward the payment of my debts
VI The carpet on the sitting rome floor I give & bequeath to
Jos=
=eph Williamson.
VII All my real estate I give & bequeath to my husband John
Galbreath on condition that he pay to Eunice E. Miller
One Hundred & Fifty Dollars and to Mrs Mattie Lear
Fifty Dollars: provided however, that if the personal proper:
=ty should not pay my debts and expenses, and pay my husband
well for any expense he may have incurred on my behalf &
for his care of me during my last sickness then & in that
case the One Hundred & Fifty Dollars and the Fifty Dol=
=lars shall not be paid as above specified.
VIII I do hereby nominate & appoint T.R.Smith Executor of
this Will & authorize & empower him to adjust & settle all
claims due me or owing by me, to dispose of the personal proper:
=ty either at public or private sale & to do all & singular the
before mentioned requirements of this last Will & Testament.
IX I give & bequeath to Charles Williamson Two stands.
X All the rest & residue of my Household goods & effects I here=
=by authorize my husband to dispose of us as he may think best.
XI My wardrobe & clothing I give & bequeath to my nieces.
In witness hereof I
hereto set my hand & seal this second day of January.A.D.1889.
Hannah J. Galbreath.
The State of Ohio. Delaware County.
Signed & sealed by Hannah J. Galbreath in our
presence this second day of January. A.D.1889. & by us
signed in her presence & at her request by us.
Gabriel May
Mary O. Lambert
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 375)
Description
[page 375]
[corresponds to page 309 of Delaware County Will Records Vol. 8 1887-
1890]
309
Thomas McDonald's Will
Journal Entry.
April 6 1889.
In the Matter of the Will of
Thomas McDonald, deceased.
This day, an instrument of writ=
=ing, purporting to be the last Will and Testament of Thom=
=as McDonald, late of Brown Township, in this County _
deceased, was produced in open Court for Probate; On Con=
=sideration Whereof, it is ordered that the said Will be filed
in this Court. And thereupon came Ellen McDonald his
widow, and John McDonald. James McDonald. Thomas
F. McDonald. Edward McDonald. William McDonald.
Joseph McDonald. Mary Mahoney _ Lawrence McDonald.
and Frank McDonald, and in writing, waived further
notice and consented to the probate of said Will, they being
all of the heirs and next of kin of said Testator, resident
of the State of Ohio; And thereupon came John Cur=
=tin and John Potts, the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attes=
=tation of said Will. Which testimony was reduced to writ=
=ing, by them respectively subscribed, and filed with said Will
whereupon the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said Thomas Mc
Donald, deceased. That the same was duly executed and attested
and that the said Testator, at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witnesses
above mentioned as well as the proceedings had thereon, be entered
of record in this Court..
N.F. Overturf
Probate Judge
Waiver.
We, the undersigned widow & next of kin of the within named
decedent, hereby waive further notice, and consent to the probate of
said Will.
Dated this 28 day of March.A.D.1889.
Elen McDonald
John McDonald
James McDonald.
Thomas F. McDonald.
Edward McDonald
William McDonald.
Joseph McDonald.
Mary Mahoney
Lawrence McDonald
Frank McDonald.
[corresponds to page 309 of Delaware County Will Records Vol. 8 1887-
1890]
309
Thomas McDonald's Will
Journal Entry.
April 6 1889.
In the Matter of the Will of
Thomas McDonald, deceased.
This day, an instrument of writ=
=ing, purporting to be the last Will and Testament of Thom=
=as McDonald, late of Brown Township, in this County _
deceased, was produced in open Court for Probate; On Con=
=sideration Whereof, it is ordered that the said Will be filed
in this Court. And thereupon came Ellen McDonald his
widow, and John McDonald. James McDonald. Thomas
F. McDonald. Edward McDonald. William McDonald.
Joseph McDonald. Mary Mahoney _ Lawrence McDonald.
and Frank McDonald, and in writing, waived further
notice and consented to the probate of said Will, they being
all of the heirs and next of kin of said Testator, resident
of the State of Ohio; And thereupon came John Cur=
=tin and John Potts, the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attes=
=tation of said Will. Which testimony was reduced to writ=
=ing, by them respectively subscribed, and filed with said Will
whereupon the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said Thomas Mc
Donald, deceased. That the same was duly executed and attested
and that the said Testator, at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witnesses
above mentioned as well as the proceedings had thereon, be entered
of record in this Court..
N.F. Overturf
Probate Judge
Waiver.
We, the undersigned widow & next of kin of the within named
decedent, hereby waive further notice, and consent to the probate of
said Will.
Dated this 28 day of March.A.D.1889.
Elen McDonald
John McDonald
James McDonald.
Thomas F. McDonald.
Edward McDonald
William McDonald.
Joseph McDonald.
Mary Mahoney
Lawrence McDonald
Frank McDonald.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 376)
Description
[page 376]
[corresponds to page 310 of Delaware County Will Records Vol. 8 1887-
1890]
310
Thomas McDonald's Will
Probate of Will.
The State of Ohio } In Probate Court.
Delaware Countyss. }
Personally appeared in open Court John
Curtin and John Potter the subscribing witnesses to the last Will
and Testament of Thomas McDonald, late of Brown Township
in said Delaware County, deceased; who being duly sworn accord:
=ing to law, to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will, depose and
say: That the paper before them bearing date the 19th day of March
A.D. 1889, purporting to be the last Will and Testament of
Thomas McDonald now deceased, is the Will of said deceased
Thomas McDonald, that they were present at the execution of
said Will, and at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in his presence,
that they saw the said Thomas McDonald deceased, signed and
seal said Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said Thomas
McDonald at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not
under any restraint.
John Curtin
John Potter
Sworn to and subscribed by said witnesses, in open Court, this
6th day of April.A.D.1889.
N.F. Overturf
Probate Judge
Copy of Will.
In the name of God, Father almighty of us all:
Know all men by these Presents, That, I Thomas
McDonald, residing in Brown Township, Delaware Co. Ohio.
enjoying the full use of all my senses and faculties, do here:
=by make this, my last Will and Testament, revoking all
former Wills and Testaments.
First: I desire and will hereby, that all my just debts and funeral
expenses of all kinds, should be paid in full out of my person=
=al and real estate property.
Second: I leave and bequeath to my wife Ellen McDonald in addi:
=tion to her legal Dowry, all the Household Furniture of every
description, that is now in my residence in Brown Township.
Third: I leave and bequeath to Rev. Ph. Steyle, rector of St Mary's
Church Delaware Ohio, or to his successors, One hundred
Dollars ($100.00), and in addition to this, another Hundred
Dollars ($100.00) to Rev. Ph. Steyle, the latter sum to be
[corresponds to page 310 of Delaware County Will Records Vol. 8 1887-
1890]
310
Thomas McDonald's Will
Probate of Will.
The State of Ohio } In Probate Court.
Delaware Countyss. }
Personally appeared in open Court John
Curtin and John Potter the subscribing witnesses to the last Will
and Testament of Thomas McDonald, late of Brown Township
in said Delaware County, deceased; who being duly sworn accord:
=ing to law, to speak the truth, the whole truth, and nothing but
the truth, in relation to the execution of said Will, depose and
say: That the paper before them bearing date the 19th day of March
A.D. 1889, purporting to be the last Will and Testament of
Thomas McDonald now deceased, is the Will of said deceased
Thomas McDonald, that they were present at the execution of
said Will, and at the request of the Testator, respectively sub=
=scribed their names to the same as witnesses, in his presence,
that they saw the said Thomas McDonald deceased, signed and
seal said Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said Thomas
McDonald at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not
under any restraint.
John Curtin
John Potter
Sworn to and subscribed by said witnesses, in open Court, this
6th day of April.A.D.1889.
N.F. Overturf
Probate Judge
Copy of Will.
In the name of God, Father almighty of us all:
Know all men by these Presents, That, I Thomas
McDonald, residing in Brown Township, Delaware Co. Ohio.
enjoying the full use of all my senses and faculties, do here:
=by make this, my last Will and Testament, revoking all
former Wills and Testaments.
First: I desire and will hereby, that all my just debts and funeral
expenses of all kinds, should be paid in full out of my person=
=al and real estate property.
Second: I leave and bequeath to my wife Ellen McDonald in addi:
=tion to her legal Dowry, all the Household Furniture of every
description, that is now in my residence in Brown Township.
Third: I leave and bequeath to Rev. Ph. Steyle, rector of St Mary's
Church Delaware Ohio, or to his successors, One hundred
Dollars ($100.00), and in addition to this, another Hundred
Dollars ($100.00) to Rev. Ph. Steyle, the latter sum to be
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 377)
Description
[page 377]
[corresponds to page 311 of Delaware County Will Records Vol. 8 1887-
1890]
311
Thomas McDonald's Will
applied towards paying the indebtedness on St Marys Church
Delaware Ohio.
Fourth: I leave and bequeath One Hundred Dollars, to St Vincent's
Orphan Asylum, Columbus. Ohio.
Fifth: I leave and bequeath to my son Joseph F. McDonald, the sum
of One hundred Dollars . ($100.00) in addition to his equal share
with the rest of my children in my real estate and personal property.
Sixth: Out of Two hundred Dollars which belong to my sister Alice
Kelly of Ashley Ohio, and which were used by me in improving
my farm, I prescribe, in accordance with the wishes and directions
of my above said sister, that Fifty Dollars, should be given
to the Rector of St Mary's Church. Delaware Ohio, at the
death of my sister Alice Kelly, and the balance to be equally
distributed among all my children, along with the rest of my real
estate and personal property.
Seventh: After paying the above bequests I prescribe that the
Executor
of this my last Will, should divide all my remaining Real Es:
=tate, and personal property in nine equal shares, and to distrib-
=ute it all in equal shares, between my nine children, viz;
John McDonald, James McDonald, Thomas McDonald_ Edward McDonald-
William McDonald_ Joseph P. McDonald - Mary McDonald
wife of Frank Mahoney - Lawrence McDonald- and Frank McDonald
To accomplish this, I empower my Executor to sell all my
property, privately, or at public sale if expedient and necessary .
Eight: I hereby appoint my son James McDonald as Executor of
this my last Will and Testament.
In Testimony of the above, I have
this day, the 19th of March. One Thousand Eight Hundred
and Eighty Nine, affixed my seal and signature to this my
last Will and Testimony, in presence of two witnesses who
have likewise signed this document in my presence.
Thomas McDonald. {Seal}
Witnesses {John Curin {Seal}
}John Potter {Seal}
[corresponds to page 311 of Delaware County Will Records Vol. 8 1887-
1890]
311
Thomas McDonald's Will
applied towards paying the indebtedness on St Marys Church
Delaware Ohio.
Fourth: I leave and bequeath One Hundred Dollars, to St Vincent's
Orphan Asylum, Columbus. Ohio.
Fifth: I leave and bequeath to my son Joseph F. McDonald, the sum
of One hundred Dollars . ($100.00) in addition to his equal share
with the rest of my children in my real estate and personal property.
Sixth: Out of Two hundred Dollars which belong to my sister Alice
Kelly of Ashley Ohio, and which were used by me in improving
my farm, I prescribe, in accordance with the wishes and directions
of my above said sister, that Fifty Dollars, should be given
to the Rector of St Mary's Church. Delaware Ohio, at the
death of my sister Alice Kelly, and the balance to be equally
distributed among all my children, along with the rest of my real
estate and personal property.
Seventh: After paying the above bequests I prescribe that the
Executor
of this my last Will, should divide all my remaining Real Es:
=tate, and personal property in nine equal shares, and to distrib-
=ute it all in equal shares, between my nine children, viz;
John McDonald, James McDonald, Thomas McDonald_ Edward McDonald-
William McDonald_ Joseph P. McDonald - Mary McDonald
wife of Frank Mahoney - Lawrence McDonald- and Frank McDonald
To accomplish this, I empower my Executor to sell all my
property, privately, or at public sale if expedient and necessary .
Eight: I hereby appoint my son James McDonald as Executor of
this my last Will and Testament.
In Testimony of the above, I have
this day, the 19th of March. One Thousand Eight Hundred
and Eighty Nine, affixed my seal and signature to this my
last Will and Testimony, in presence of two witnesses who
have likewise signed this document in my presence.
Thomas McDonald. {Seal}
Witnesses {John Curin {Seal}
}John Potter {Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 378)
Description
[page 378]
[corresponds to page 312 of Delaware County Will Records Vol. 8 1887-
1890]
312
John Rathbone's Will.
4465 Journal Entry.
February 22 1889.
In the Matter of the Will }
of John Rathbone,deceased. } This day, an instrument of writing,
purporting to be the last Will and
Testament of John Rathbone, late of Sciota Township, in this
County, deceased, was produced in open Court for Probate. On
Consideration whereof it is ordered that the said Will be filed
in this Court. And thereupon came Sarah E. Rathbone, widow
of said Testator (there being no next of kin) and in writing, waived
further Notice and consented to the probate of sadi Will.
And the hearing for the proving of said Will is set for the 9th day
of April A.D. 1889, at 3 o'clock. P.M.
N.F. Overturf
Probate Judge
Waiver.
I the undersigned widow of the within named decedent, hereby
wave further notice, and consent to the probate of said Will.
Dated this 22nd day of February. A.D. 1889.
Sarah E. Rathbone.
Journal Entry.
April 9 1889.
In the Matter of the Will of
John Rathbone, deceased. Be it remembered, that heretofore,
to-wit:
on the 22 day of February. A.D.1889,
an instrument of writing, purporting to be the last Will and Testa=
=ment of John Rathbone, late of Scioto Township, in this County _
deceased, was produced in open Court for probate, and was then
filed. And the widow having waived notice, there being no next of
kin, therefore came Oliver C. Miller, one of the subscribing
witnesses to said Will, who being duly sworn, testified to the due
execution at attestation of said Will. Which testimony was re:
=duced to writing by him subscribed , and filed with said Will,
And Lewis E. Carr, the other subscribing witness to said Will,
failing to appear, this cause is continued until the 11 day of
April. A.D. 1889.
N.F. Overturf
Probate Judge.
Testimony of Oliver O. Miller.
In Probate Court In the Matter of Proving the Last Will and
Delaware County. Ohio. Testament of John Rathbone, Deceased.
The State of Ohio
Delaware County.ss. Oliver C. Miller, being duly sworn and exam=
=ined as a witness in the above entitled matter
[corresponds to page 312 of Delaware County Will Records Vol. 8 1887-
1890]
312
John Rathbone's Will.
4465 Journal Entry.
February 22 1889.
In the Matter of the Will }
of John Rathbone,deceased. } This day, an instrument of writing,
purporting to be the last Will and
Testament of John Rathbone, late of Sciota Township, in this
County, deceased, was produced in open Court for Probate. On
Consideration whereof it is ordered that the said Will be filed
in this Court. And thereupon came Sarah E. Rathbone, widow
of said Testator (there being no next of kin) and in writing, waived
further Notice and consented to the probate of sadi Will.
And the hearing for the proving of said Will is set for the 9th day
of April A.D. 1889, at 3 o'clock. P.M.
N.F. Overturf
Probate Judge
Waiver.
I the undersigned widow of the within named decedent, hereby
wave further notice, and consent to the probate of said Will.
Dated this 22nd day of February. A.D. 1889.
Sarah E. Rathbone.
Journal Entry.
April 9 1889.
In the Matter of the Will of
John Rathbone, deceased. Be it remembered, that heretofore,
to-wit:
on the 22 day of February. A.D.1889,
an instrument of writing, purporting to be the last Will and Testa=
=ment of John Rathbone, late of Scioto Township, in this County _
deceased, was produced in open Court for probate, and was then
filed. And the widow having waived notice, there being no next of
kin, therefore came Oliver C. Miller, one of the subscribing
witnesses to said Will, who being duly sworn, testified to the due
execution at attestation of said Will. Which testimony was re:
=duced to writing by him subscribed , and filed with said Will,
And Lewis E. Carr, the other subscribing witness to said Will,
failing to appear, this cause is continued until the 11 day of
April. A.D. 1889.
N.F. Overturf
Probate Judge.
Testimony of Oliver O. Miller.
In Probate Court In the Matter of Proving the Last Will and
Delaware County. Ohio. Testament of John Rathbone, Deceased.
The State of Ohio
Delaware County.ss. Oliver C. Miller, being duly sworn and exam=
=ined as a witness in the above entitled matter
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 379)
Description
[page 379]
[corresponds to page 313 of Delaware County Will Records Vol. 8 1887-
1890]
313
John Rathbone's Will
says: I was present at the execution of the instrument now shown
to me, bearing date the 1st day of February. A.D.1888.and offered
for probate as the last Will and Testament of John Rathbone,
late of Scioto Township, in said County of Delaware, deceased,
and saw the said John Rathbone, now deceased sign and seal
said instrument, and heard him acknowledge the same to be his
last Will and Testament; and I, thereupon, at his request, and
in his presence, subscribed my name to the same as a witness.
The said decedent, was of full age, of sound mind and memory, and
not under any restraint.
Oliver C. Miller.
Sworn to and subscribed by said witness in open Court, this 9th day
of April. A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
April 11 1889.
In the Matter of the Will
of John Rathbone,deceased. This day this cause came to be
heard and thereupon came Lewis E. Carr
the other subscribing witness to said Will, who being duly sworn,
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by him subscribed, and
filed with said Will, whereupon the Court finds that the afore=
=said instrument of writing is the last Will and Testament of
said John Rathbone, deceased. That the same was duly exe=
=ecuted and attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be entered of
rec=
=ord in this Court.
N.F. Overturf
Probate Judge.
Testimony of Lewis E. Carr.
In Probate Court. In the Matter of Proving the last Will and
Delaware County. Ohio, Testament of John Rathbone, deceased.
The State of Ohio }
Delaware County, ss. } Lewis E. Carr, being duly sworn and exam=
=ined as a witness in the above entitled mat:
=ter, says; I was present at the execution of the instrument now
sworn to me, bearing date the 1 day of February. A.D.1888, and
[corresponds to page 313 of Delaware County Will Records Vol. 8 1887-
1890]
313
John Rathbone's Will
says: I was present at the execution of the instrument now shown
to me, bearing date the 1st day of February. A.D.1888.and offered
for probate as the last Will and Testament of John Rathbone,
late of Scioto Township, in said County of Delaware, deceased,
and saw the said John Rathbone, now deceased sign and seal
said instrument, and heard him acknowledge the same to be his
last Will and Testament; and I, thereupon, at his request, and
in his presence, subscribed my name to the same as a witness.
The said decedent, was of full age, of sound mind and memory, and
not under any restraint.
Oliver C. Miller.
Sworn to and subscribed by said witness in open Court, this 9th day
of April. A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
April 11 1889.
In the Matter of the Will
of John Rathbone,deceased. This day this cause came to be
heard and thereupon came Lewis E. Carr
the other subscribing witness to said Will, who being duly sworn,
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by him subscribed, and
filed with said Will, whereupon the Court finds that the afore=
=said instrument of writing is the last Will and Testament of
said John Rathbone, deceased. That the same was duly exe=
=ecuted and attested; and that the said Testator, at the time of
making, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted to probate,
and that the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be entered of
rec=
=ord in this Court.
N.F. Overturf
Probate Judge.
Testimony of Lewis E. Carr.
In Probate Court. In the Matter of Proving the last Will and
Delaware County. Ohio, Testament of John Rathbone, deceased.
The State of Ohio }
Delaware County, ss. } Lewis E. Carr, being duly sworn and exam=
=ined as a witness in the above entitled mat:
=ter, says; I was present at the execution of the instrument now
sworn to me, bearing date the 1 day of February. A.D.1888, and
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 380)
Description
[page 380]
[corresponds to page 314 of Delaware County Will Records Vol. 8 1887-
1890]
314
John Rathbone's Will
offered for probate as the last Will and Testament of John Rathbone,
late of Scioto Township, in said County of Delaware, deceased, and
saw the said John Rathbone, now deceased, sign and seal said
instrument, and heard him acknowledge the same to be his last
Will and Testament; and I, thereupon, at his request, and in
his presence, subscribed my name to the same as a witness.
The said decedent, at the time of making, signing and sealing
said instrument, was of full age, of sound mind and memory, and
not under any restraint.
Lewis E. Carr.
Sworn to and subscribed by said witness in open Court, this 11th
day of April. A.D. 1889,
N.F. Overturf
{Seal} Probate Judge
Copy of Will.
In the name of the Benevolent Father of All, I, John Rath=
=bone do make and publish this my last will and testament.
Item 1 I give and bequeath & devise to my beloved wife Sarah Eliza=
=beth my entire Property consisting of a lot of land about Three
Acres in Scioto Township, Delaware County_ Ohio, & known as
the Jacob B. Smith lot formerly. And all my Tools, to-wit:
Two Set of Mason Tools. And all my Household furniture
as follows: Bed & Bedding. Bureau, Chairs, Clock.
Stands. Tables. Looking Glass & every other Article that may
belong to me at my death.
Item 2. I do hereby nominate and appoint Jacob Ostrander Executor
of this my last Will & Testament.
In testimony hereof I have here-
=unto set my hand & seal this 1st day of February A.D. 1888.
John Rathbone {S}
Signed & acknowledged by said John Rathbone as his last Will
& Testament in our presence and signed by us in his presence.
Lewis E. Carr {S}
Olive C. Miller {S}
[corresponds to page 314 of Delaware County Will Records Vol. 8 1887-
1890]
314
John Rathbone's Will
offered for probate as the last Will and Testament of John Rathbone,
late of Scioto Township, in said County of Delaware, deceased, and
saw the said John Rathbone, now deceased, sign and seal said
instrument, and heard him acknowledge the same to be his last
Will and Testament; and I, thereupon, at his request, and in
his presence, subscribed my name to the same as a witness.
The said decedent, at the time of making, signing and sealing
said instrument, was of full age, of sound mind and memory, and
not under any restraint.
Lewis E. Carr.
Sworn to and subscribed by said witness in open Court, this 11th
day of April. A.D. 1889,
N.F. Overturf
{Seal} Probate Judge
Copy of Will.
In the name of the Benevolent Father of All, I, John Rath=
=bone do make and publish this my last will and testament.
Item 1 I give and bequeath & devise to my beloved wife Sarah Eliza=
=beth my entire Property consisting of a lot of land about Three
Acres in Scioto Township, Delaware County_ Ohio, & known as
the Jacob B. Smith lot formerly. And all my Tools, to-wit:
Two Set of Mason Tools. And all my Household furniture
as follows: Bed & Bedding. Bureau, Chairs, Clock.
Stands. Tables. Looking Glass & every other Article that may
belong to me at my death.
Item 2. I do hereby nominate and appoint Jacob Ostrander Executor
of this my last Will & Testament.
In testimony hereof I have here-
=unto set my hand & seal this 1st day of February A.D. 1888.
John Rathbone {S}
Signed & acknowledged by said John Rathbone as his last Will
& Testament in our presence and signed by us in his presence.
Lewis E. Carr {S}
Olive C. Miller {S}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 381)
Description
[page 381]
[corresponds to page 315 of Delaware County Will Records Vol. 8 1887-
1890]
315
Christopher Kirchner's Will
Journal Entry.
March 13th 1889. }
In the Matter of the Will }
of Christopher Kirchner, deceased.
This day an instrument of
writ:
:ing, purporting to be the last Will and Testament and Codicil
thereto, of Christopher Kirchner, late of Delaware City, in this
County, deceased, was produced in open Court for Probate. On
Consideration whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the application
to admit the same to probate and record, be given to John
Kirchner. Martin Kirchner_ Mariah Kurner and Hellena
Kraus heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hearing before
this Court on the 21st day of March A.D.1889, at 1 o'clock.
P.M.
N. F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss. }
} In the matter of the last Will and Tes=
=tament of Christopher Kirchner, deceased.
To John Kirchner Martin Kirch:
=ner. Mariah Herner and Hellena Kraus.
You are hereby noti:
:fied that on this 13th day of March. A.D. 1889. an instrument
of writing, purporting to be the last Will and Testament of
Christopher Kirchner late of Delaware Township, in said
County. deceased, was produced in open Court, and an application
to admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this
Court on the 21st day of March. A.D. 1889. at 1 o'clock. P.
M.,
N.F. Overturf.
Probate Judge.
Dated at Delaware Ohio, this 13th day of March. A.D.1889,
Return
The State of Ohio
Delaware County.ss M. Miller, being duly sworn, says that,
on the 13th day of March A.D.1889. he
served the within notice by delivering a true copy thereof to the
within named John Kirchner. Martin Kirchner. Mariah
Herner and Hellena Kraus.
M. Miller
Subscribed in my presence and sworn to before me this 21st
[corresponds to page 315 of Delaware County Will Records Vol. 8 1887-
1890]
315
Christopher Kirchner's Will
Journal Entry.
March 13th 1889. }
In the Matter of the Will }
of Christopher Kirchner, deceased.
This day an instrument of
writ:
:ing, purporting to be the last Will and Testament and Codicil
thereto, of Christopher Kirchner, late of Delaware City, in this
County, deceased, was produced in open Court for Probate. On
Consideration whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the application
to admit the same to probate and record, be given to John
Kirchner. Martin Kirchner_ Mariah Kurner and Hellena
Kraus heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hearing before
this Court on the 21st day of March A.D.1889, at 1 o'clock.
P.M.
N. F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss. }
} In the matter of the last Will and Tes=
=tament of Christopher Kirchner, deceased.
To John Kirchner Martin Kirch:
=ner. Mariah Herner and Hellena Kraus.
You are hereby noti:
:fied that on this 13th day of March. A.D. 1889. an instrument
of writing, purporting to be the last Will and Testament of
Christopher Kirchner late of Delaware Township, in said
County. deceased, was produced in open Court, and an application
to admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this
Court on the 21st day of March. A.D. 1889. at 1 o'clock. P.
M.,
N.F. Overturf.
Probate Judge.
Dated at Delaware Ohio, this 13th day of March. A.D.1889,
Return
The State of Ohio
Delaware County.ss M. Miller, being duly sworn, says that,
on the 13th day of March A.D.1889. he
served the within notice by delivering a true copy thereof to the
within named John Kirchner. Martin Kirchner. Mariah
Herner and Hellena Kraus.
M. Miller
Subscribed in my presence and sworn to before me this 21st
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 382)
Description
[page 382]
[corresponds to page 316 of Delaware County Will Records Vol. 8 1887-
1890]
316
Christopher Kirchner's Will
day of Mch. 1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
March 21st 1889.
In the Matter of the Will of
Christopher Kirchner. deceased.
Be it remembered, that heretofore,
to-wit: on the 13th day of March. A.D. 1889. an instrument of
writing, purporting to be the last Will and Testament and Cod:
:icil thereto, of Christopher Kirchner, late of Delaware City,
in this County, deceased, was produced in open Court for pro:
=bate, and was then filed. And, it now being shown to the sat:
=isfaction of the Court, that due notice of the filing of said Will,
and of the application to admit the same to probate and record in
this Court, has been given to John Kirchner_ Martin Kirch=
=ner. Mariah Herner and Hellena Kraus, next of kin of the
Testator, resident of the State of Ohio. pursuant to a former
order of this Court; therefore, on this day came E. F. Poppleton
one of the subscribing witnesses to said Will, who being duly sworn
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by him subscribed and
filed with said Will.
Also came E.F. Poppleton and Lee Wentz the subscribing wit:
=nesses to Codicil to said Will, who being duly sworn,
testified to the due execution and attestation of said Codicil,
which testimony was reduced to writing, by them respectively sub_
scribed, and filed with said Will.
James T. Shoup. Jr. the other subscribing witness to said Will,
failing to appear, the further hearing of said Will is continued
until the 27th day of April A.D.1889 at o'clock M., to
take the testimony of said James T. Shoup. Jr.
N.F. Overturf
Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court E.
F. Poppleton one of the subscribing witnesses to the last Will
and Testament of Christopher Kirchner, late of Delaware
Township in said Delaware County. deceased; who being
duly sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the execution
of said Will, deposes and says: That the paper before him
bearing date the 9 day of January. A.D.1882 purporting
[corresponds to page 316 of Delaware County Will Records Vol. 8 1887-
1890]
316
Christopher Kirchner's Will
day of Mch. 1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
March 21st 1889.
In the Matter of the Will of
Christopher Kirchner. deceased.
Be it remembered, that heretofore,
to-wit: on the 13th day of March. A.D. 1889. an instrument of
writing, purporting to be the last Will and Testament and Cod:
:icil thereto, of Christopher Kirchner, late of Delaware City,
in this County, deceased, was produced in open Court for pro:
=bate, and was then filed. And, it now being shown to the sat:
=isfaction of the Court, that due notice of the filing of said Will,
and of the application to admit the same to probate and record in
this Court, has been given to John Kirchner_ Martin Kirch=
=ner. Mariah Herner and Hellena Kraus, next of kin of the
Testator, resident of the State of Ohio. pursuant to a former
order of this Court; therefore, on this day came E. F. Poppleton
one of the subscribing witnesses to said Will, who being duly sworn
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by him subscribed and
filed with said Will.
Also came E.F. Poppleton and Lee Wentz the subscribing wit:
=nesses to Codicil to said Will, who being duly sworn,
testified to the due execution and attestation of said Codicil,
which testimony was reduced to writing, by them respectively sub_
scribed, and filed with said Will.
James T. Shoup. Jr. the other subscribing witness to said Will,
failing to appear, the further hearing of said Will is continued
until the 27th day of April A.D.1889 at o'clock M., to
take the testimony of said James T. Shoup. Jr.
N.F. Overturf
Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court E.
F. Poppleton one of the subscribing witnesses to the last Will
and Testament of Christopher Kirchner, late of Delaware
Township in said Delaware County. deceased; who being
duly sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the execution
of said Will, deposes and says: That the paper before him
bearing date the 9 day of January. A.D.1882 purporting
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 383)
Description
[page 383]
[corresponds to page 317 of Delaware County Will Records Vol. 8 1887-
1890]
317
Christopher Kirchner's Will.
to be the last Will and Testament of Christopher Kirchner
now deceased, is the Will of said deceased Christopher Kirch_
=ner, that he was present at the execution of said Will, and
at the request of the Testator subscribed his name to the same
as a witness, in his presence; that he saw the said Christo=
=pher Kirchner deceased, sign and seal said Will, and heard
him acknowledge the same to be his last Will and Testament
and that the said Christopher Kirchner at the time of mak=
=ing, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
E.F. Poppleton
Sworn to and subscribed by said witness, in open Court this
21st day of March. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Probate of Codicil to Will.
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court_
E.F. Poppleton and Lee Wentz the subscribing witnesses to
the Codicil of the last Will and Testament of Christopher
Kirchner, late of Delaware Township in said Delaware
County, deceased; who being duly sworn, according to law, to
speak the truth, the whole truth, and nothing but the truth,
in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 16 day of Octo=
=ber. A.D. 1886, purporting to be a Codicil to the last Will
and Testament of Christopher Kirchner, now deceased, is a
Codicil to the Will of said deceased Christopher Kirchner,
that they were present at the execution of said Codicil, and
at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence, that they
saw the said Christopher Kirchner deceased, sign and seal
said Codicil, and heard him acknowledge the same to be a
Codicil to his last Will and Testament, and that the said
Christopher Kirchner, at the time of making, signing and sealing
said Codicil, was of full age, of sound mind and memory, and
not under any restraint.
E.F. Poppleton
Lee Wentz.
Sworn to and subscribed by said witnesses, in open Court.
this 21st day of March. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 317 of Delaware County Will Records Vol. 8 1887-
1890]
317
Christopher Kirchner's Will.
to be the last Will and Testament of Christopher Kirchner
now deceased, is the Will of said deceased Christopher Kirch_
=ner, that he was present at the execution of said Will, and
at the request of the Testator subscribed his name to the same
as a witness, in his presence; that he saw the said Christo=
=pher Kirchner deceased, sign and seal said Will, and heard
him acknowledge the same to be his last Will and Testament
and that the said Christopher Kirchner at the time of mak=
=ing, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
E.F. Poppleton
Sworn to and subscribed by said witness, in open Court this
21st day of March. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Probate of Codicil to Will.
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court_
E.F. Poppleton and Lee Wentz the subscribing witnesses to
the Codicil of the last Will and Testament of Christopher
Kirchner, late of Delaware Township in said Delaware
County, deceased; who being duly sworn, according to law, to
speak the truth, the whole truth, and nothing but the truth,
in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 16 day of Octo=
=ber. A.D. 1886, purporting to be a Codicil to the last Will
and Testament of Christopher Kirchner, now deceased, is a
Codicil to the Will of said deceased Christopher Kirchner,
that they were present at the execution of said Codicil, and
at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence, that they
saw the said Christopher Kirchner deceased, sign and seal
said Codicil, and heard him acknowledge the same to be a
Codicil to his last Will and Testament, and that the said
Christopher Kirchner, at the time of making, signing and sealing
said Codicil, was of full age, of sound mind and memory, and
not under any restraint.
E.F. Poppleton
Lee Wentz.
Sworn to and subscribed by said witnesses, in open Court.
this 21st day of March. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 384)
Description
[page 384]
[corresponds to page 318 of Delaware County Will Records Vol. 8 1887-
1890]
318
Christopher Kirchner's Will
Journal Entry.
April 27 1889.
In the Matter of the Will of }
Christopher Kirchner, deceased. }
This day came James T. Shoup.
Jr. the other subscribing witness to the said Will of Christopher
Kirchner, deceased, who being duly sworn, testified to the due ex:
=ecution and attestation of said Will. Which testimony was re:
=duced to writing, by him subscribed, and filed with said Will,
whereupon the Court finds from the testimony of the witnesses,
that the aforesaid instrument of writing is the last Will and
Testament and Codicil thereto of said Christopher Kirchner,
deceased. That the same was duly executed and attested,
and that the said Testator, at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore by the
Court ordered. that the said Will be admitted to probate
and that the same together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be entered
of record in this Court.
N.F. Overturf
Probate Judge.
Testimony of James T. Shuup. Jr.
In Probate Court. } In the Matter of proving the last Will and
Delaware County.Ohio, } Testament of Christopher Kirchner, Deceased
The State of Ohio }
Delaware County.ss. } James T. Shoup.Jr. being duly sworn and
examined as a witness in the above en:
:titled matter, says; I was present at the execution of the in:
:strument now shown to me, bearing date the 9th day of January.
A.D.1882. and offered for probate as the last Will and Testa:
=ment of Christopher Kirchner, late of Delaware Township in
said County of Delaware. deceased, and saw the said Christopher
Kirchner, now deceased, sign and seal said instrument, and heard
him acknowledge the same to be his last Will and Testament; and
I, thereupon, at his request, and in his presence, subscribed my
name to the same as a witness. The said decedent, at the time of
making, signing and sealing said instrument, was of full age,
of sound mind and memory, and not under any restraint.
James T. Shoup. Jr.
Sworn to and subscribed by said witness in open Court, this
27th day of April. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 318 of Delaware County Will Records Vol. 8 1887-
1890]
318
Christopher Kirchner's Will
Journal Entry.
April 27 1889.
In the Matter of the Will of }
Christopher Kirchner, deceased. }
This day came James T. Shoup.
Jr. the other subscribing witness to the said Will of Christopher
Kirchner, deceased, who being duly sworn, testified to the due ex:
=ecution and attestation of said Will. Which testimony was re:
=duced to writing, by him subscribed, and filed with said Will,
whereupon the Court finds from the testimony of the witnesses,
that the aforesaid instrument of writing is the last Will and
Testament and Codicil thereto of said Christopher Kirchner,
deceased. That the same was duly executed and attested,
and that the said Testator, at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore by the
Court ordered. that the said Will be admitted to probate
and that the same together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be entered
of record in this Court.
N.F. Overturf
Probate Judge.
Testimony of James T. Shuup. Jr.
In Probate Court. } In the Matter of proving the last Will and
Delaware County.Ohio, } Testament of Christopher Kirchner, Deceased
The State of Ohio }
Delaware County.ss. } James T. Shoup.Jr. being duly sworn and
examined as a witness in the above en:
:titled matter, says; I was present at the execution of the in:
:strument now shown to me, bearing date the 9th day of January.
A.D.1882. and offered for probate as the last Will and Testa:
=ment of Christopher Kirchner, late of Delaware Township in
said County of Delaware. deceased, and saw the said Christopher
Kirchner, now deceased, sign and seal said instrument, and heard
him acknowledge the same to be his last Will and Testament; and
I, thereupon, at his request, and in his presence, subscribed my
name to the same as a witness. The said decedent, at the time of
making, signing and sealing said instrument, was of full age,
of sound mind and memory, and not under any restraint.
James T. Shoup. Jr.
Sworn to and subscribed by said witness in open Court, this
27th day of April. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 385)
Description
[page 385]
[corresponds to page 319 of Delaware County Will Records Vol. 8 1887-
1890]
319
Christopher Kirchner's Will.
Copy of Will.
In the name of the Benevolent Father of All.
I, Christopher Kirch_
=ner of the County of Delaware and State of Ohio, of lawful
age, and being of advanced age, and considering the uncertainty
of this mortal life and the certainty of death and the uncer=
=tainty of the time thereof, and being desirous of disposing of my
worldly effects while I remain in the flesh, do make and
publish this my last Will & Testament.
Item 1 I Will that all my just debts be first paid out of my
Estate.
Item 2 I will and direct that after my death that Twenty Five
Masses be said and held for me according to my religious
faith, two each week until all have been said any and all
expense attending the same to be paid out of my Estate.
Item 3 I Will and direct that my son John Kirchner shall be
held and required to pay of the indebtedness I hold against him
to my Executor hereinafter named the sum of Eleven Hundred
Dollars, and no more, which said Eleven Hundred Dollars
is to be treated as a part of my estate, and any and all other
claims I may hold against him either as principal or interest
shall not be demanded of him in any form.
Item 4 I Will and bequeath to my son Martin Kirchner the sum
of One Hundred Dollars to be paid to him in addition and
independent of the bequest made in the following item.
Item 5 I Will and bequeath to my four children, all the residue
of my estate, personal real or mixed of which I may die
seized, as follows, to my son John Kirchner an equal one
fourth part, to my son Martin Kirchner an equal one fourth
part (in addition to the $100.- in item fourth.)
To my daughter Mary Herner (formerly Mary Kirchner)
one equal one fourth part, and to my daughter Leana Krauss -
(formerly Leana Kirchner) an equal one fourth part.
Item 6 I do hereby nominate and appoint Martin Miller Execu=
=tor of this my last Will and Testament with full power to
carry the same into effect.
Item 7 I do hereby revoke all other and former Wills by me made
and declaim this alone to be my Last Will & Testament
In Witness Whereof I have hereunto set my
hand and seal this 9th day of January. A.D.1882.
C. Kirchner {Seal}
Signed, Sealed and acknowledged by the said Christopher
[corresponds to page 319 of Delaware County Will Records Vol. 8 1887-
1890]
319
Christopher Kirchner's Will.
Copy of Will.
In the name of the Benevolent Father of All.
I, Christopher Kirch_
=ner of the County of Delaware and State of Ohio, of lawful
age, and being of advanced age, and considering the uncertainty
of this mortal life and the certainty of death and the uncer=
=tainty of the time thereof, and being desirous of disposing of my
worldly effects while I remain in the flesh, do make and
publish this my last Will & Testament.
Item 1 I Will that all my just debts be first paid out of my
Estate.
Item 2 I will and direct that after my death that Twenty Five
Masses be said and held for me according to my religious
faith, two each week until all have been said any and all
expense attending the same to be paid out of my Estate.
Item 3 I Will and direct that my son John Kirchner shall be
held and required to pay of the indebtedness I hold against him
to my Executor hereinafter named the sum of Eleven Hundred
Dollars, and no more, which said Eleven Hundred Dollars
is to be treated as a part of my estate, and any and all other
claims I may hold against him either as principal or interest
shall not be demanded of him in any form.
Item 4 I Will and bequeath to my son Martin Kirchner the sum
of One Hundred Dollars to be paid to him in addition and
independent of the bequest made in the following item.
Item 5 I Will and bequeath to my four children, all the residue
of my estate, personal real or mixed of which I may die
seized, as follows, to my son John Kirchner an equal one
fourth part, to my son Martin Kirchner an equal one fourth
part (in addition to the $100.- in item fourth.)
To my daughter Mary Herner (formerly Mary Kirchner)
one equal one fourth part, and to my daughter Leana Krauss -
(formerly Leana Kirchner) an equal one fourth part.
Item 6 I do hereby nominate and appoint Martin Miller Execu=
=tor of this my last Will and Testament with full power to
carry the same into effect.
Item 7 I do hereby revoke all other and former Wills by me made
and declaim this alone to be my Last Will & Testament
In Witness Whereof I have hereunto set my
hand and seal this 9th day of January. A.D.1882.
C. Kirchner {Seal}
Signed, Sealed and acknowledged by the said Christopher
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 386)
Description
[page 386]
[corresponds to page 320 of Delaware County Will Records Vol. 8 1887-
1890]
320
Christopher Kirchner's Will
Kirchner as his Last Will & Testament in our presence and
signed by us in his presence and at his request and in the pres:
=ence of each other on this 9th day of January. A.D.1882.
E.F. Poppleton
James T. Shoup. Jr.
Codicil to above Will.
Whereas I Christopher Kirchner, on the 9th day of January A.
D.1882. made my last Will and Testament of that date,
do hereby declare the following to be a Codicil to the same:
I do hereby give and bequeath to my daughter Leana Krauss
(formerly Leana Kirchner) my house and lot situate on
Park Avenue (formerly third Street.) being Lot number 302,
in the City of Delaware Ohio, and being the same premises
occupied by me as a homestead. Also all of the house-goods
and furniture therein contained or of which I may die seized.
this bequest is made to my daughter on account of the care
and attention, she has, and is giving me in my old age, the
residue of my estate to be disposed of as provided in my Will
to which this is a codicil.
In Witness Whereof I have hereunto set
my hand and seal this 16th day of October. A.D.1886.
Christopher Kirchner {Seal}
Signed sealed and acknowledged by the said Christopher Kirch=
=ner as a Codicil to his last Will and Testament in our
presence and signed by us in his presence and in the presence
of each other and at his request this 16 day of October. A.
D.1886.
E.F. Poppleton
Lee Wentz.
[corresponds to page 320 of Delaware County Will Records Vol. 8 1887-
1890]
320
Christopher Kirchner's Will
Kirchner as his Last Will & Testament in our presence and
signed by us in his presence and at his request and in the pres:
=ence of each other on this 9th day of January. A.D.1882.
E.F. Poppleton
James T. Shoup. Jr.
Codicil to above Will.
Whereas I Christopher Kirchner, on the 9th day of January A.
D.1882. made my last Will and Testament of that date,
do hereby declare the following to be a Codicil to the same:
I do hereby give and bequeath to my daughter Leana Krauss
(formerly Leana Kirchner) my house and lot situate on
Park Avenue (formerly third Street.) being Lot number 302,
in the City of Delaware Ohio, and being the same premises
occupied by me as a homestead. Also all of the house-goods
and furniture therein contained or of which I may die seized.
this bequest is made to my daughter on account of the care
and attention, she has, and is giving me in my old age, the
residue of my estate to be disposed of as provided in my Will
to which this is a codicil.
In Witness Whereof I have hereunto set
my hand and seal this 16th day of October. A.D.1886.
Christopher Kirchner {Seal}
Signed sealed and acknowledged by the said Christopher Kirch=
=ner as a Codicil to his last Will and Testament in our
presence and signed by us in his presence and in the presence
of each other and at his request this 16 day of October. A.
D.1886.
E.F. Poppleton
Lee Wentz.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 387)
Description
[page 387]
[corresponds to page 321 of Delaware County Will Records Vol. 8 1887-
1890]
321
Isabella Evan's Will
Journal Entry.
April 22 1889.
In the Matter of the Will of }
Isabella Evans, deceased. } This day an instrument of writing,
purporting to be the last Will
and Testament of Isabella Evans, late of Delaware City _
in this County, deceased, was produced in open Court for Probate.
On Consideration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of the applica=
=tion to admit the same to probate and record, be given to W. Z.
Evans- A.N. Evans - Jessie L. Evans - Mary B. Evans_
Phoebe M. Evans and Teresa B. Evans heirs and next of
kin of the Testatrix, resident of the State of Ohio, that said
application will be for hearing, before this Court on the
26 day of April A.D.1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the last Will and Tes=
=tament of Isabella Evans, deceased.
To W.Z. Evans_ A.N.
Evans - Jessie L. Evans . Mary B. Evans. Phoebe M
Evans and Teresa B. Evans.
You are hereby notified that
on the 22 day of April A.D. 1889. an instrument of writing.
purporting to be the last Will and Testament of Isabella
Evans late of Delaware Township, in said County deceased -
was produced in open Court, and an application to admit the
same to probate was on the same day made in said Court,
Said application will be for hearing before this Court on the 26
day of April. A.D.1889. at 10 o'clock A.M.
{Seal} N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 22 day of April A.D.1889,
Return.
The State of Ohio }
Delaware County,ss.} W.R. Evans being duly sworn, says that
on the 24 day of April. A.D.1889. he
served the within notice by delivering a true copy and obtaining a
written acknowledgement of notice thereof to the within named
W.Z. Evans. A.N. Evans. Jessie L. Evans - Mary B. Evans -
Phoebe M. Evans and by giving notice in writing to Teresa B.
Evans and also notice in writing to Julia J. Evans her mother
with whom she resides.
W.L. Evans.
[corresponds to page 321 of Delaware County Will Records Vol. 8 1887-
1890]
321
Isabella Evan's Will
Journal Entry.
April 22 1889.
In the Matter of the Will of }
Isabella Evans, deceased. } This day an instrument of writing,
purporting to be the last Will
and Testament of Isabella Evans, late of Delaware City _
in this County, deceased, was produced in open Court for Probate.
On Consideration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of the applica=
=tion to admit the same to probate and record, be given to W. Z.
Evans- A.N. Evans - Jessie L. Evans - Mary B. Evans_
Phoebe M. Evans and Teresa B. Evans heirs and next of
kin of the Testatrix, resident of the State of Ohio, that said
application will be for hearing, before this Court on the
26 day of April A.D.1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the last Will and Tes=
=tament of Isabella Evans, deceased.
To W.Z. Evans_ A.N.
Evans - Jessie L. Evans . Mary B. Evans. Phoebe M
Evans and Teresa B. Evans.
You are hereby notified that
on the 22 day of April A.D. 1889. an instrument of writing.
purporting to be the last Will and Testament of Isabella
Evans late of Delaware Township, in said County deceased -
was produced in open Court, and an application to admit the
same to probate was on the same day made in said Court,
Said application will be for hearing before this Court on the 26
day of April. A.D.1889. at 10 o'clock A.M.
{Seal} N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 22 day of April A.D.1889,
Return.
The State of Ohio }
Delaware County,ss.} W.R. Evans being duly sworn, says that
on the 24 day of April. A.D.1889. he
served the within notice by delivering a true copy and obtaining a
written acknowledgement of notice thereof to the within named
W.Z. Evans. A.N. Evans. Jessie L. Evans - Mary B. Evans -
Phoebe M. Evans and by giving notice in writing to Teresa B.
Evans and also notice in writing to Julia J. Evans her mother
with whom she resides.
W.L. Evans.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 388)
Description
[page 388]
[corresponds to page 322 of Delaware County Will Records Vol. 8 1887-
1890]
322
Isabella Evans' Will
Subscribed in my presence and sworn to before me this 27 day
of Apr. 1889.
N.F. Overturf
{Seal} Probate Judge
Testimony of Henry J. Eaton
In Probate Court } In the Matter of proving the last
Delaware County. Ohio. } Testament of Isabella Evans, deceased.
The State of Ohio }
Delaware County.ss } Henry J. Eaton, being duly sworn and
examined as a witness in the above en:
titled matter, says : I was present at the execution of the in=
=strument now shown to me, bearing date the 20th day of Febru=
=ary A.D.1889. and offered for probate as the last Will and Tes:
=tament of Isabella Evans, late of Delaware Township, in said
County of Delaware, deceased. and saw the said Isabella Evans
now deceased sign and seal said instrument, and heard her ac=
=knowledge the same to be her last Will and Testament; and
I, thereupon, at her request, and in her presence, subscribed
my name to the same as a witness. The said decedent. at
the time of making, signing and sealing said instrument, was
of full age, of sound mind and memory, and not under any
restraint.
Henry J. Eaton
Sworn to and subscribed by said witness in open Court this
27th day of April. A.D. 1889.
N.F. Overturf
Probate Judge.
Journal Entry.
April 26 1889.
In the Matter of the Will
Isabella Evans, deceased.
Be it remembered, that heretofore,
to-wit: on the 22nd day of April. A.D. 1889. an instrument
of writing, purporting to be the last Will and Testament of
Isabeella Evans, late of Delaware City, in this County
deceased, was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the appli:
=cation to admit the same to probate and record in this Court,
has been given to W.Z.Evans. A.N. Evans. Jessie L. Ev:
=ans. Mary B. Evans. Phoebe M. Evans and Teresa B.
Evans, also to Julia J. Evans, mother of said Teresa
B. Evans, heirs and next of kin of said Testatrix, resident
[corresponds to page 322 of Delaware County Will Records Vol. 8 1887-
1890]
322
Isabella Evans' Will
Subscribed in my presence and sworn to before me this 27 day
of Apr. 1889.
N.F. Overturf
{Seal} Probate Judge
Testimony of Henry J. Eaton
In Probate Court } In the Matter of proving the last
Delaware County. Ohio. } Testament of Isabella Evans, deceased.
The State of Ohio }
Delaware County.ss } Henry J. Eaton, being duly sworn and
examined as a witness in the above en:
titled matter, says : I was present at the execution of the in=
=strument now shown to me, bearing date the 20th day of Febru=
=ary A.D.1889. and offered for probate as the last Will and Tes:
=tament of Isabella Evans, late of Delaware Township, in said
County of Delaware, deceased. and saw the said Isabella Evans
now deceased sign and seal said instrument, and heard her ac=
=knowledge the same to be her last Will and Testament; and
I, thereupon, at her request, and in her presence, subscribed
my name to the same as a witness. The said decedent. at
the time of making, signing and sealing said instrument, was
of full age, of sound mind and memory, and not under any
restraint.
Henry J. Eaton
Sworn to and subscribed by said witness in open Court this
27th day of April. A.D. 1889.
N.F. Overturf
Probate Judge.
Journal Entry.
April 26 1889.
In the Matter of the Will
Isabella Evans, deceased.
Be it remembered, that heretofore,
to-wit: on the 22nd day of April. A.D. 1889. an instrument
of writing, purporting to be the last Will and Testament of
Isabeella Evans, late of Delaware City, in this County
deceased, was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the appli:
=cation to admit the same to probate and record in this Court,
has been given to W.Z.Evans. A.N. Evans. Jessie L. Ev:
=ans. Mary B. Evans. Phoebe M. Evans and Teresa B.
Evans, also to Julia J. Evans, mother of said Teresa
B. Evans, heirs and next of kin of said Testatrix, resident
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 389)
Description
[page 389]
[corresponds to page 323 of Delaware County Will Records Vol. 8 1887-
1890]
323
Isabella Evans' Will
of the State of Ohio, pursuant to a former order of this Court;
therefore, on this day came Henry J. Eaton, one of the sub:
=scribing witnesses to said Will, who being duly sworn, testified
to the due execution and attestation of said Will, which tes=
timony was reduced to writing, by him subscribed and filed with
said Will.
And it appearing to the Court that John W. Bernard -
the other subscribing witnesses to said Will, is a resident of jurisdiction of
Findley Ohio, and is without the jurisdiction of this Court.
It is thereupon ordered that a Commission, with the Will an=
=nexed, issued herein to Geo. W. Myers Probate Judge of
Hancock County Ohio directing him to take the testimony
of said subscribing witness and return the same, according
to law, with all convenient speed, to this Court.
N.F. Overturf
Probate Judge
Commission to take Testimony of Witness
to Will ~ And Return.
__________________________________________________
In the Probate Court of: Delaware County. Ohio.
In the Matter of the Probate }
of the Last Will and Testament } To Geo. W. Meyers
of Isabella Evans, Deceased. }
An application having been
on the 22nd day of April A.D. 1889. made to admit to Pro:
=bate in said Court the Last Will and Testament of Isabella
Evans, late of said Delaware County Ohio, deceased, and John
W. Bernard one of the subscribing witnesses to said Will, re:
: siding out of the jurisdiction of this Court. You are hereby
authorized to take the deposition of the said John W Bernard
as such witness to said Last Will and Testament, and such
deposition so taken and certified by you, together with said Last
Will and Testament to this commission annexed marked "A,"
you will return to this Court without delay.
Given under my hand and the
Seal of said Court, this 27 day of April. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Delaware County. Ohio
Commissioner's Return, with Deposition of Witness.
In Probate Court
In the Matter of the Probate of } To the Probate Court of the
the Last Will and Testament of } County of Delaware. Ohio.
Isabella Evans, deceased. }
Pursuant to the authority and terms
[corresponds to page 323 of Delaware County Will Records Vol. 8 1887-
1890]
323
Isabella Evans' Will
of the State of Ohio, pursuant to a former order of this Court;
therefore, on this day came Henry J. Eaton, one of the sub:
=scribing witnesses to said Will, who being duly sworn, testified
to the due execution and attestation of said Will, which tes=
timony was reduced to writing, by him subscribed and filed with
said Will.
And it appearing to the Court that John W. Bernard -
the other subscribing witnesses to said Will, is a resident of jurisdiction of
Findley Ohio, and is without the jurisdiction of this Court.
It is thereupon ordered that a Commission, with the Will an=
=nexed, issued herein to Geo. W. Myers Probate Judge of
Hancock County Ohio directing him to take the testimony
of said subscribing witness and return the same, according
to law, with all convenient speed, to this Court.
N.F. Overturf
Probate Judge
Commission to take Testimony of Witness
to Will ~ And Return.
__________________________________________________
In the Probate Court of: Delaware County. Ohio.
In the Matter of the Probate }
of the Last Will and Testament } To Geo. W. Meyers
of Isabella Evans, Deceased. }
An application having been
on the 22nd day of April A.D. 1889. made to admit to Pro:
=bate in said Court the Last Will and Testament of Isabella
Evans, late of said Delaware County Ohio, deceased, and John
W. Bernard one of the subscribing witnesses to said Will, re:
: siding out of the jurisdiction of this Court. You are hereby
authorized to take the deposition of the said John W Bernard
as such witness to said Last Will and Testament, and such
deposition so taken and certified by you, together with said Last
Will and Testament to this commission annexed marked "A,"
you will return to this Court without delay.
Given under my hand and the
Seal of said Court, this 27 day of April. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Delaware County. Ohio
Commissioner's Return, with Deposition of Witness.
In Probate Court
In the Matter of the Probate of } To the Probate Court of the
the Last Will and Testament of } County of Delaware. Ohio.
Isabella Evans, deceased. }
Pursuant to the authority and terms
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 390)
Description
[page 390]
[corresponds to page 324 of Delaware County Will Records Vol. 8 1887-
1890]
324
Isabella Evans Will
of the above commission, I did, on the 30 day of April. A.D 1889,
take the deposition of John W. Bernard as one of the subscribing
witnesses to the last Will and Testament of Isabella Evans.
deceased.
And the said John W. Bernard being by me first duly sworn,
did depose and say: That he was subscribing witness to the paper
hereto annexed - marked "A." - and presented to him purporting to
be the last Will and Testament of Isabella Evans, deceased;
that he was present at the execution of said Last Will and Tes=
=tament; that he saw the Testatrix subscribe, and heard her
acknowledge the same as her last Will and Testament, and
that he signed the same as witness in the presence of said
Testatrix and at her request; "and that the testatrix at the
time of executing the same, was of full age, of sound mind and
memory, and not under any restraint.
J.W. Bernard.
Sworn to before me and subscribed in my presence, and now
here certified to and returned by me, this 30 day of April.
A.D. 1889.
Geo. W. Myers.
Commissioner.
Journal Entry.
May 3 1889.
In the Matter of the Will of }
Isabella Evans, deceased. }
The Commission heretofore issued herein
to take the testimony of John W. Bernard, one of the subscrib=
=ing witnesses to the Will of said Isabella Evans, deceased,
was this day returned duly executed, and the same was filed
herein.
And it appearing to the Court from the examination of the
former witness and from the deposition of the said John W.
Bernard, that the aforesaid instrument of writing is the last
Will and Testament of said Isabella Evans, deceased.
That the same was duly executed and attested, and that the
said Testatrix, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is therefore, by the Court ordered, that the
said Will be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
[corresponds to page 324 of Delaware County Will Records Vol. 8 1887-
1890]
324
Isabella Evans Will
of the above commission, I did, on the 30 day of April. A.D 1889,
take the deposition of John W. Bernard as one of the subscribing
witnesses to the last Will and Testament of Isabella Evans.
deceased.
And the said John W. Bernard being by me first duly sworn,
did depose and say: That he was subscribing witness to the paper
hereto annexed - marked "A." - and presented to him purporting to
be the last Will and Testament of Isabella Evans, deceased;
that he was present at the execution of said Last Will and Tes=
=tament; that he saw the Testatrix subscribe, and heard her
acknowledge the same as her last Will and Testament, and
that he signed the same as witness in the presence of said
Testatrix and at her request; "and that the testatrix at the
time of executing the same, was of full age, of sound mind and
memory, and not under any restraint.
J.W. Bernard.
Sworn to before me and subscribed in my presence, and now
here certified to and returned by me, this 30 day of April.
A.D. 1889.
Geo. W. Myers.
Commissioner.
Journal Entry.
May 3 1889.
In the Matter of the Will of }
Isabella Evans, deceased. }
The Commission heretofore issued herein
to take the testimony of John W. Bernard, one of the subscrib=
=ing witnesses to the Will of said Isabella Evans, deceased,
was this day returned duly executed, and the same was filed
herein.
And it appearing to the Court from the examination of the
former witness and from the deposition of the said John W.
Bernard, that the aforesaid instrument of writing is the last
Will and Testament of said Isabella Evans, deceased.
That the same was duly executed and attested, and that the
said Testatrix, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is therefore, by the Court ordered, that the
said Will be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 391)
Description
[page 391]
[corresponds to page 325 of Delaware County Will Records Vol. 8 1887-
1890]
325
Isabella Evan's Will
Copy of Will
The Last Will & Testament of
Mrs. Isabella Evans widow of Thomas Evans Jr.
of the City of Delaware Ohio, deceased.
________________________
On this twentieth day of February. A.D. eighteen hundred &
eighty nine at the City of Delaware Ohio, I, the said Isabella
Evans, (to whom my said Husband on April 6 A.D.1888,
Willed all his estate, ) desiring that all my estate may, at
my decease, be so disposed of as to do our beloved sons & daughters
& grand-daughter the greatest good & be settled & distributed with
the least possible expense, do make and declare this is my
last Will & testament.
Item First:I will that the expenses of my last sickness & funeral be paid
& a plain nice but not extravagant family monument erected on
our lot in Oak Grove cemetery in the City of Delaware Ohio; as
soon as my Executors may find it so to do without sac:
=rifice of property.
Item Second: I give & bequeath all my household goods & furniture,
wearing
apparel, books, pictures & ornaments to my three beloved daughters
Jessie L. - Mary B. & Phebe M. Evans, to be by them equally
divided among themselves, leaving it to them to give to their
Brothers such keepsakes as their Brothers may select & they in
their affectionate kindness may see fit to let them have,
Item Third: I will & direct, that my son Wesley Z. Evans, shall
not be
required to pay off his indebtedness to my estate, only at the
rate of, [two words crossed out] not to exceed the sum of One Thousand
Dol:
=lars per year, the first payment to become due one year from my
decease.
Item Fourth: I do hereby nominate constitute & appoint my sons Wesley Z. &
Aaron N. Evans Executors of my last & Testament, &
knowing them to be honest, faithful & trusty, I request that they
shall not be required to give any bond, or to have made any inven=
=tory or appraisement of my estate or to return to Court any sale
bill thereof.
Item Fifth: I do hereby authorize & empower my said Executors,
whenever they
may find it necessary in order to pay any indebtedness of my es=
=tate or any indebtedness of the estate of my deceased husband,
the said Thomas Evans, Jr. to sell any property personal or real
or both, (excepting that property above in "Item Second" given to
my daughters,) belonging to my estate & at public or private sale,
& upon such terms as in their judgment may be best for the es=
=tate, & for the real estate so sold I do hereby authorize them to
execute and deliver proper deeds in fee simple.
Item Sixth: I do also hereby authorize & direct my said Executors
after all
the collectable debts belonging to my estate are collected, & all just
debts owing by estate are paid, to proceed, as soon as in their
judgment it can be done without unnecessary sacrifice of property
[corresponds to page 325 of Delaware County Will Records Vol. 8 1887-
1890]
325
Isabella Evan's Will
Copy of Will
The Last Will & Testament of
Mrs. Isabella Evans widow of Thomas Evans Jr.
of the City of Delaware Ohio, deceased.
________________________
On this twentieth day of February. A.D. eighteen hundred &
eighty nine at the City of Delaware Ohio, I, the said Isabella
Evans, (to whom my said Husband on April 6 A.D.1888,
Willed all his estate, ) desiring that all my estate may, at
my decease, be so disposed of as to do our beloved sons & daughters
& grand-daughter the greatest good & be settled & distributed with
the least possible expense, do make and declare this is my
last Will & testament.
Item First:I will that the expenses of my last sickness & funeral be paid
& a plain nice but not extravagant family monument erected on
our lot in Oak Grove cemetery in the City of Delaware Ohio; as
soon as my Executors may find it so to do without sac:
=rifice of property.
Item Second: I give & bequeath all my household goods & furniture,
wearing
apparel, books, pictures & ornaments to my three beloved daughters
Jessie L. - Mary B. & Phebe M. Evans, to be by them equally
divided among themselves, leaving it to them to give to their
Brothers such keepsakes as their Brothers may select & they in
their affectionate kindness may see fit to let them have,
Item Third: I will & direct, that my son Wesley Z. Evans, shall
not be
required to pay off his indebtedness to my estate, only at the
rate of, [two words crossed out] not to exceed the sum of One Thousand
Dol:
=lars per year, the first payment to become due one year from my
decease.
Item Fourth: I do hereby nominate constitute & appoint my sons Wesley Z. &
Aaron N. Evans Executors of my last & Testament, &
knowing them to be honest, faithful & trusty, I request that they
shall not be required to give any bond, or to have made any inven=
=tory or appraisement of my estate or to return to Court any sale
bill thereof.
Item Fifth: I do hereby authorize & empower my said Executors,
whenever they
may find it necessary in order to pay any indebtedness of my es=
=tate or any indebtedness of the estate of my deceased husband,
the said Thomas Evans, Jr. to sell any property personal or real
or both, (excepting that property above in "Item Second" given to
my daughters,) belonging to my estate & at public or private sale,
& upon such terms as in their judgment may be best for the es=
=tate, & for the real estate so sold I do hereby authorize them to
execute and deliver proper deeds in fee simple.
Item Sixth: I do also hereby authorize & direct my said Executors
after all
the collectable debts belonging to my estate are collected, & all just
debts owing by estate are paid, to proceed, as soon as in their
judgment it can be done without unnecessary sacrifice of property
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 392)
Description
[page 392]
[corresponds to page 326 of Delaware County Will Records Vol. 8 1887-
1890]
326
Isabella Evans' Will
to/convert all property of my estate real & personal not theretofore
dis:
=posed of into money by sale at public or private sale of both & upoon
such terms as they may think best for the estate & deeds in fee
simple for the real estate so sold to execute and deliver,& the pro:
=ceeds of all my estate left after paying all just debts as aforesaid,
(& excepting the property disposed of in said "Item Second",) my
said Executors shall divide equally share & share alike among my
two beloved sons said Wesley Z. & Aaron N. Evans & my three be:
=loved daughters above in "Item Second" named & my beloved grand=
=daughter Teresa B. Evans only child of my deceased son Thomas
B. Evans to each to one sixth (1/6) part thereof.
Item Seventh: I do hereby constitute & appoint my said sons,
Trustees for my
said grand-daughter, now only about four years of age,) & will &
direct
that they do take the charge & management of that share of my es:
=tate that shall fall to her at the distribution among my heirs above
in "Item Sixth" provided, & that they the said Trustees shall
pay over to her Guardian when she arrives at the age of ten years the
net accumulations of the income of said Teresa's share of my estate,
& that they then annually thereafter pay over the net income thereof
to her guardian until she arrives at the age of eighteen years &
that they then annually thereafter pay over to the said Teresa the
net income thereof until she arrives at the age of twenty five
years, & that the said Trustees then pay over to her the principal
of her said share of my estate; & their said trust shall thus then
cease & determine.
If the said Teresa shall die before becoming twenty five years of
age leaving issue surviving her, then the net income of her said
share of my estate shall be annually paid over to the guardian of
said surviving issue until such surviving issue shall arrive at
the age of majority & then the principal shall be paid over to said
issue
& said trust shall then cease & determine.
If the said Teresa shall die before becoming twenty five years of
age leaving no issue surviving her, or if surviving issue shall
die before arriving at the age of majority, then, in either event, the
said Teresa's share of my estate shall be equally divided among my
heirs & said trust shall shall then cease & determine. I request that
the said Trustees in executing the said trust shall not be re=
=quired to give any bond.
In testimony whereof I, the said Isabella Evans
have hereunto set my signature this Febr. 20 A.D.1889.
Isabella Evans.
Signed by the said Isabella Evans in our presence & by her to us
acknowledged to be her last Will & testament, & signed by us as
witnesses thereto at her request & in her presence & in the presence
of each other.
John W. Bernard.
Henry J. Eaton.
[corresponds to page 326 of Delaware County Will Records Vol. 8 1887-
1890]
326
Isabella Evans' Will
to/convert all property of my estate real & personal not theretofore
dis:
=posed of into money by sale at public or private sale of both & upoon
such terms as they may think best for the estate & deeds in fee
simple for the real estate so sold to execute and deliver,& the pro:
=ceeds of all my estate left after paying all just debts as aforesaid,
(& excepting the property disposed of in said "Item Second",) my
said Executors shall divide equally share & share alike among my
two beloved sons said Wesley Z. & Aaron N. Evans & my three be:
=loved daughters above in "Item Second" named & my beloved grand=
=daughter Teresa B. Evans only child of my deceased son Thomas
B. Evans to each to one sixth (1/6) part thereof.
Item Seventh: I do hereby constitute & appoint my said sons,
Trustees for my
said grand-daughter, now only about four years of age,) & will &
direct
that they do take the charge & management of that share of my es:
=tate that shall fall to her at the distribution among my heirs above
in "Item Sixth" provided, & that they the said Trustees shall
pay over to her Guardian when she arrives at the age of ten years the
net accumulations of the income of said Teresa's share of my estate,
& that they then annually thereafter pay over the net income thereof
to her guardian until she arrives at the age of eighteen years &
that they then annually thereafter pay over to the said Teresa the
net income thereof until she arrives at the age of twenty five
years, & that the said Trustees then pay over to her the principal
of her said share of my estate; & their said trust shall thus then
cease & determine.
If the said Teresa shall die before becoming twenty five years of
age leaving issue surviving her, then the net income of her said
share of my estate shall be annually paid over to the guardian of
said surviving issue until such surviving issue shall arrive at
the age of majority & then the principal shall be paid over to said
issue
& said trust shall then cease & determine.
If the said Teresa shall die before becoming twenty five years of
age leaving no issue surviving her, or if surviving issue shall
die before arriving at the age of majority, then, in either event, the
said Teresa's share of my estate shall be equally divided among my
heirs & said trust shall shall then cease & determine. I request that
the said Trustees in executing the said trust shall not be re=
=quired to give any bond.
In testimony whereof I, the said Isabella Evans
have hereunto set my signature this Febr. 20 A.D.1889.
Isabella Evans.
Signed by the said Isabella Evans in our presence & by her to us
acknowledged to be her last Will & testament, & signed by us as
witnesses thereto at her request & in her presence & in the presence
of each other.
John W. Bernard.
Henry J. Eaton.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 393)
Description
[page 393]
[corresponds to page 327 of Delaware County Will Records Vol. 8 1887-
1890]
327
Harriet Sackrider's Will
Journal Entry.
April 27 1889.
In the Matter of the Will of }
Harriet Sackrider, deceased. } This day an instrument in writ:
=ing, purporting to be the last
Will and Testament of Harriet Sackrider, late of Berkshire
Township, in this County. deceased, was produced in open Court
for Probate; On Consideration Whereof, it is ordered that the
said Will . be filed in this Court. There being no next.
of kin of said Testatrix resident of the State of Ohio, the
hearing for the proving of said Will is set for the 2nd day
of May A.D. 1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last } Application to Admit to Probate.
Will and Testament of Harriet }
Sackrider, Deceased. }
To the Hon. N.F. Overturf. Judge
of the Probate Court in and for said County:
Your petitioner respectfully represents
that Harriet Sackrider late a resident of the Township of
Berkshire in said County, died on or about the 22nd day of
April A.D. 1889 leaving an instrument in writing, hereto at:
=tached, purporting to be her last Will and Testament:
That the said Harriet Sackrider died leaving no widower nor
next of kin resident of the State of Ohio.
Your petitioner prays that a time may be fixed for the proving
of said Will.
George A. Yeamans.
The foregoing application was signed in my presence and sworn
to before me, this 27th day of April. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry
May 2 1889.
In the Matter of the Will of }
Harriet Sackrider, deceased. } Be it remembered, that heretofore,
to-wit:
on the 27th day of April. A.D. 1889,
an instrument of writing, purporting to be the last Will and
Testament of Harriet Sackrider, late of Berkshire Township, in
this County deceased. was produced in open Court for probate
and was then filed. And now comes Sophia Hults, one of the
[corresponds to page 327 of Delaware County Will Records Vol. 8 1887-
1890]
327
Harriet Sackrider's Will
Journal Entry.
April 27 1889.
In the Matter of the Will of }
Harriet Sackrider, deceased. } This day an instrument in writ:
=ing, purporting to be the last
Will and Testament of Harriet Sackrider, late of Berkshire
Township, in this County. deceased, was produced in open Court
for Probate; On Consideration Whereof, it is ordered that the
said Will . be filed in this Court. There being no next.
of kin of said Testatrix resident of the State of Ohio, the
hearing for the proving of said Will is set for the 2nd day
of May A.D. 1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last } Application to Admit to Probate.
Will and Testament of Harriet }
Sackrider, Deceased. }
To the Hon. N.F. Overturf. Judge
of the Probate Court in and for said County:
Your petitioner respectfully represents
that Harriet Sackrider late a resident of the Township of
Berkshire in said County, died on or about the 22nd day of
April A.D. 1889 leaving an instrument in writing, hereto at:
=tached, purporting to be her last Will and Testament:
That the said Harriet Sackrider died leaving no widower nor
next of kin resident of the State of Ohio.
Your petitioner prays that a time may be fixed for the proving
of said Will.
George A. Yeamans.
The foregoing application was signed in my presence and sworn
to before me, this 27th day of April. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry
May 2 1889.
In the Matter of the Will of }
Harriet Sackrider, deceased. } Be it remembered, that heretofore,
to-wit:
on the 27th day of April. A.D. 1889,
an instrument of writing, purporting to be the last Will and
Testament of Harriet Sackrider, late of Berkshire Township, in
this County deceased. was produced in open Court for probate
and was then filed. And now comes Sophia Hults, one of the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 394)
Description
[page 394]
[corresponds to page 328 of Delaware County Will Records Vol. 8 1887-
1890]
328
Harriet Sackrider's Will
subscribing witnesses to said Will, who being duly sworn, testi:
=fied to the due execution of said Will, Which
testimony was reduced to writing. by her subscribed, and filed with
said Will. Joel Cleveland the other subscribing witness to said
Will, failing to appear, this hearing is continued until the 8th day
of May A.D. 1889.
N.F. Overturf
Probate Judge:
Probate of Will.
In Probate Court } In the Matter of proving the Last Will and
Delaware County. Ohio } Testament of Harriet Sackrider, Deceased.
The State of Ohio }
Delaware County.ss. } Sophia Hultz, being duly sworn and
examined as a witness in the above en:
=titled matter says; I was present at the execution of the instru=
=ment now shown to me, bearing date the 27th day of July A.
D. 1870 and offered for probate as the last Will and Testament
of Harriet Sackrider, late of Berkshire Township, in said Boun:
=ty of Delaware, deceased, and saw the said instrument, and heard her
acknowledge the same to be her last Will and Testament; and
I, thereupon, at her request, and in her presence, subscribed my
name to the same as a witness. The said decedent, at the time
of making, signing and sealing said instrument, was of full
age, of sound mind and memory, and not under any restraint.
Sophia Hults.
Sworn to and subscribed by said witness in open Court, this
2nd day of May. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
The State of Ohio }
Delaware County.ss } Joel Cleveland, being duly sworn and
examined as a witness in the above en=
=titled matter, says; I was present at the execution of the instru:
=ment now shown to me, bearing date the 27th day of July. A.
D. 1870; and offered for probate as the last Will and Testament
of Harriet Sackrider, late of Berkshire Township, in said
County of Delaware, deceased, sign and seal said instrument, and
heard her acknowledge the same to be her last Will and Tes:
=tament; and I, thereupon, at her request, and in her presence,
subscribed my name to be same as a witness. The said dece:
=dent, at the time of making, signing and sealing said instru:
=ment, was of full age, of sound mind and memory, and not under
[corresponds to page 328 of Delaware County Will Records Vol. 8 1887-
1890]
328
Harriet Sackrider's Will
subscribing witnesses to said Will, who being duly sworn, testi:
=fied to the due execution of said Will, Which
testimony was reduced to writing. by her subscribed, and filed with
said Will. Joel Cleveland the other subscribing witness to said
Will, failing to appear, this hearing is continued until the 8th day
of May A.D. 1889.
N.F. Overturf
Probate Judge:
Probate of Will.
In Probate Court } In the Matter of proving the Last Will and
Delaware County. Ohio } Testament of Harriet Sackrider, Deceased.
The State of Ohio }
Delaware County.ss. } Sophia Hultz, being duly sworn and
examined as a witness in the above en:
=titled matter says; I was present at the execution of the instru=
=ment now shown to me, bearing date the 27th day of July A.
D. 1870 and offered for probate as the last Will and Testament
of Harriet Sackrider, late of Berkshire Township, in said Boun:
=ty of Delaware, deceased, and saw the said instrument, and heard her
acknowledge the same to be her last Will and Testament; and
I, thereupon, at her request, and in her presence, subscribed my
name to the same as a witness. The said decedent, at the time
of making, signing and sealing said instrument, was of full
age, of sound mind and memory, and not under any restraint.
Sophia Hults.
Sworn to and subscribed by said witness in open Court, this
2nd day of May. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
The State of Ohio }
Delaware County.ss } Joel Cleveland, being duly sworn and
examined as a witness in the above en=
=titled matter, says; I was present at the execution of the instru:
=ment now shown to me, bearing date the 27th day of July. A.
D. 1870; and offered for probate as the last Will and Testament
of Harriet Sackrider, late of Berkshire Township, in said
County of Delaware, deceased, sign and seal said instrument, and
heard her acknowledge the same to be her last Will and Tes:
=tament; and I, thereupon, at her request, and in her presence,
subscribed my name to be same as a witness. The said dece:
=dent, at the time of making, signing and sealing said instru:
=ment, was of full age, of sound mind and memory, and not under
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 395)
Description
[page 395]
[corresponds to page 329 of Delaware County Will Records Vol. 8 1887-1890]
329
Harriet Sackrider's Will
any restraint.
Joel Cleveland.
Sworn to and subscribed by said witness in open Court, this
8th day of May. A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
May 8 1889
In the Matter of the Will of }
Harriet Sackrider,deceased. } This day this cause came on to be
heard, and thereupon came Joel Cleve:
=land, the other subscribing witness to said Will, who being duly
sworn, testified to the due execution and attestation of said Will,
Which testimony was reduced to writing, by him subscribed. and
filed with said Will, whereupon the Court finds that the afore:
=said instrument of writing, is the last Will and Testament of said
Harriet Sackrider, deceased: That the same was duly executed
and attested; and that the said Testatrix, at the time of making
signing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of record
in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All I Harriet Sackrider of
Berkshire Township County of Delaware and State of Ohio, do make
and publish this my last Will and Testament.
Item 1 I give and devise to George A. Yeamans a relative of mine and also
has been brought up in my family the farm on which I now re:
=side lying a part in Berkshire and a part in Berlin Township
containing fifty acres of land he paying all just claims and paying
all legal expenses that may come against me after my death.
Item 2 I give to the above named George A. Yeamans all my personal prop=
=erty and effects that may v left after paying expenses as above named.
Item 3 I desire all my property to pass direct into the hands of said
Yea:
=mans without any appraisement or sale of any kind and if he should
not be of age at the time of my death that he have a guardian ap:
=pointed
Item 4 I do hereby nominate and appoint Joel Cleveland Executor of
this my
last Will and Testament hereby authorizing and empowering him
to settle all debts and credits that may be necessary to settle
and also to see that there by placed at my grave a tomb stone
similar to the one at the grave of my husband.
In testimony hereof I have hereunto
[corresponds to page 329 of Delaware County Will Records Vol. 8 1887-1890]
329
Harriet Sackrider's Will
any restraint.
Joel Cleveland.
Sworn to and subscribed by said witness in open Court, this
8th day of May. A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
May 8 1889
In the Matter of the Will of }
Harriet Sackrider,deceased. } This day this cause came on to be
heard, and thereupon came Joel Cleve:
=land, the other subscribing witness to said Will, who being duly
sworn, testified to the due execution and attestation of said Will,
Which testimony was reduced to writing, by him subscribed. and
filed with said Will, whereupon the Court finds that the afore:
=said instrument of writing, is the last Will and Testament of said
Harriet Sackrider, deceased: That the same was duly executed
and attested; and that the said Testatrix, at the time of making
signing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of record
in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All I Harriet Sackrider of
Berkshire Township County of Delaware and State of Ohio, do make
and publish this my last Will and Testament.
Item 1 I give and devise to George A. Yeamans a relative of mine and also
has been brought up in my family the farm on which I now re:
=side lying a part in Berkshire and a part in Berlin Township
containing fifty acres of land he paying all just claims and paying
all legal expenses that may come against me after my death.
Item 2 I give to the above named George A. Yeamans all my personal prop=
=erty and effects that may v left after paying expenses as above named.
Item 3 I desire all my property to pass direct into the hands of said
Yea:
=mans without any appraisement or sale of any kind and if he should
not be of age at the time of my death that he have a guardian ap:
=pointed
Item 4 I do hereby nominate and appoint Joel Cleveland Executor of
this my
last Will and Testament hereby authorizing and empowering him
to settle all debts and credits that may be necessary to settle
and also to see that there by placed at my grave a tomb stone
similar to the one at the grave of my husband.
In testimony hereof I have hereunto
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 396)
Description
[page 396]
[corresponds to page 330 of Delaware County Will Records Vol. 8 1887-
1890]
330
Harriet Sackrider's Will
set my hand and seal this 27th day of July. A.D. 1870.
Harriet Sackrider {Seal}
Signed and acknowledged by Harriet Sackrider as his last Will
and Testament in our presence and signed by us in her presence.
Sophia Hults
Joel Cleveland.
[corresponds to page 330 of Delaware County Will Records Vol. 8 1887-
1890]
330
Harriet Sackrider's Will
set my hand and seal this 27th day of July. A.D. 1870.
Harriet Sackrider {Seal}
Signed and acknowledged by Harriet Sackrider as his last Will
and Testament in our presence and signed by us in her presence.
Sophia Hults
Joel Cleveland.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 397)
Description
[page 397]
[corresponds to page 331 of Delaware County Will Records Vol. 8 1887-1890]
331
Absalom Port's Will
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last }
Will and Testament of } Application to Admit to Probate.
Absalom Port, deceased. }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents that Absalom Ports,
late a resident of the Township of Berkshire in said County, died
on or about the 12th day of May. A.D. 1888, leaving an instrument
in writing, hereto attached, purporting to be his last Will and
Testament: That the said Absalom Ports died leaving Mary
Ports, his widow, who deceased May 7 1889. and the following named
persons his only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Rebecca Ports Daughter Sunbury. O
Elizabeth Priest " Galena. Nebraska
J.A. Ports Son Sunbury O.
Mina Tooker Daughter Kilbourne City, Wis.
Hannah Crego " Columbus O.
Nellie S. Townley " Sunbury ,O.
Charley Lewis Grand- Son New Carydon, Ind.
Edward Lewis " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be noti=
=fied according to law of the pending of said proceedings.
J.A. Ports.
The foregoing application was signed in my presence and
sworn to before me, this 3rd day of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Waiver
I, the undersigned, J.A. Ports, one of the heirs of the
within named decedent, hereby waive further notice, and
consent to the probate of said Will.
.
Dated this 3 day of June. A D.1889.
J. A. Ports.
[corresponds to page 331 of Delaware County Will Records Vol. 8 1887-1890]
331
Absalom Port's Will
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last }
Will and Testament of } Application to Admit to Probate.
Absalom Port, deceased. }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents that Absalom Ports,
late a resident of the Township of Berkshire in said County, died
on or about the 12th day of May. A.D. 1888, leaving an instrument
in writing, hereto attached, purporting to be his last Will and
Testament: That the said Absalom Ports died leaving Mary
Ports, his widow, who deceased May 7 1889. and the following named
persons his only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Rebecca Ports Daughter Sunbury. O
Elizabeth Priest " Galena. Nebraska
J.A. Ports Son Sunbury O.
Mina Tooker Daughter Kilbourne City, Wis.
Hannah Crego " Columbus O.
Nellie S. Townley " Sunbury ,O.
Charley Lewis Grand- Son New Carydon, Ind.
Edward Lewis " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be noti=
=fied according to law of the pending of said proceedings.
J.A. Ports.
The foregoing application was signed in my presence and
sworn to before me, this 3rd day of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Waiver
I, the undersigned, J.A. Ports, one of the heirs of the
within named decedent, hereby waive further notice, and
consent to the probate of said Will.
.
Dated this 3 day of June. A D.1889.
J. A. Ports.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 398)
Description
[page 398]
[corresponds to page 332 of Delaware County Will Records Vol. 8 1887-
1890]
332
Absalom Ports' Will
Journal Entry.
June 3 1889.
In the Matter of the Will
of Absalom Ports, deceased.
This day an instrument of writing,
purporting to be the last Will and Testament of Absalom Ports,
late of Berkshire Township, in this County, deceased, was produced
in open Court for Probate, On Consideration Whereof, it is order:
=ed that the said Will be filed in this Court, and that due no=
=tice thereof, and of the application to admit the same to probate and
record, be given to Rebecca Ports . Hannah Crego and Nellie
S. Townley heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hearing before this
Court on the 18th day of June. A.D.1889. at 10 o'clock A.M.,
(J. A. Ports having waived notice and consented to probate of said
Will.)
N. F. Overturf.
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the matter of the last Will and Testa:
=ment of Absalom Ports, deceased.
To Rebecca Ports. Hannah Crego and
Nellie S. Townley
You are hereby notified that on the 3rd
day of June. A.D.1889. an instrument of writing, purporting
to be the last Will and Testament of Absalom Ports, late of
Berkshire Township, in said County, deceased, was produced in
open Court and an application to admit the same to probate
was on the same day made in said Court, Said application
will be for hearing before this Court on the 18th day of June .
A.D.1889. at 10 o'clock A.M.,
N.F. Overturf.
Probate Judge.
Dated Delaware Ohio, this 3rd day of June. A.D.1889.
{Seal}
Return.
The State of Ohio
Delaware County.ss.
J.A. Ports, being duly sworn, says that
on the 3rd day of June. A.D. 1889. he served the within notice
by delivering a true copy thereof to the within named Rebecca
Ports. Hannah Crego and Nellie S. Townley.
J.A. Ports
Subscribed in my presence and sworn to before me, this 18th day
[corresponds to page 332 of Delaware County Will Records Vol. 8 1887-
1890]
332
Absalom Ports' Will
Journal Entry.
June 3 1889.
In the Matter of the Will
of Absalom Ports, deceased.
This day an instrument of writing,
purporting to be the last Will and Testament of Absalom Ports,
late of Berkshire Township, in this County, deceased, was produced
in open Court for Probate, On Consideration Whereof, it is order:
=ed that the said Will be filed in this Court, and that due no=
=tice thereof, and of the application to admit the same to probate and
record, be given to Rebecca Ports . Hannah Crego and Nellie
S. Townley heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hearing before this
Court on the 18th day of June. A.D.1889. at 10 o'clock A.M.,
(J. A. Ports having waived notice and consented to probate of said
Will.)
N. F. Overturf.
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the matter of the last Will and Testa:
=ment of Absalom Ports, deceased.
To Rebecca Ports. Hannah Crego and
Nellie S. Townley
You are hereby notified that on the 3rd
day of June. A.D.1889. an instrument of writing, purporting
to be the last Will and Testament of Absalom Ports, late of
Berkshire Township, in said County, deceased, was produced in
open Court and an application to admit the same to probate
was on the same day made in said Court, Said application
will be for hearing before this Court on the 18th day of June .
A.D.1889. at 10 o'clock A.M.,
N.F. Overturf.
Probate Judge.
Dated Delaware Ohio, this 3rd day of June. A.D.1889.
{Seal}
Return.
The State of Ohio
Delaware County.ss.
J.A. Ports, being duly sworn, says that
on the 3rd day of June. A.D. 1889. he served the within notice
by delivering a true copy thereof to the within named Rebecca
Ports. Hannah Crego and Nellie S. Townley.
J.A. Ports
Subscribed in my presence and sworn to before me, this 18th day
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 399)
Description
[page 399]
[corresponds to page 333 of Delaware County Will Records Vol. 8 1887-
1890]
333
Absalom Ports' Will
of June 1889.
N.F. Overturf
Probate Judge
Proof of Signature of Witness to Will.
The State of Ohio }
Delaware County ss. }
Mary Crawford being duly sworn, says
that she was well acquainted with J.P. Crawford who is now
deceased, that he was well acquainted with the hand writing of
the said J. P. Crawford, having often seen him write, that the
signature J.P. Crawford as subscribing witness to the last
Will and Testament of Absalom Ports, deceased, is the own
proper hand writing and signature of the said J.P. Crawford
who at the date of said Will was in full life, and resided in
Berkshire Village, in said County.
Mary Crawford
Sworn to before me, and subscribed in my presence, this 18th day
of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Signature of Witness to Will.
The State of Ohio }
Delaware County.ss. }
J.A. Ports, being duly sworn, says that
he was well acquainted with J.P. Crawford & Daniel Vandemark
who are now deceased, that he was well acquainted with the hand-
writings of the said J.P. Crawford & Daniel Vandemark, having
often seen them write, that the signature J.P. Crawford & Dan:
=iel Vandemark as subscribing witnesses to the last Will and
Testament of Absalom Ports, deceased, is in the own proper
hand writing and signature of the said J.P. Crawford & Daniel
Vandemark who at the date of said Will were in full life, and
resided in Berkshire Township. Berkshire Village in said
County.
J.A. Ports.
Sworn to before me, and subscribed in my presence, this 18th day
of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 333 of Delaware County Will Records Vol. 8 1887-
1890]
333
Absalom Ports' Will
of June 1889.
N.F. Overturf
Probate Judge
Proof of Signature of Witness to Will.
The State of Ohio }
Delaware County ss. }
Mary Crawford being duly sworn, says
that she was well acquainted with J.P. Crawford who is now
deceased, that he was well acquainted with the hand writing of
the said J. P. Crawford, having often seen him write, that the
signature J.P. Crawford as subscribing witness to the last
Will and Testament of Absalom Ports, deceased, is the own
proper hand writing and signature of the said J.P. Crawford
who at the date of said Will was in full life, and resided in
Berkshire Village, in said County.
Mary Crawford
Sworn to before me, and subscribed in my presence, this 18th day
of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Signature of Witness to Will.
The State of Ohio }
Delaware County.ss. }
J.A. Ports, being duly sworn, says that
he was well acquainted with J.P. Crawford & Daniel Vandemark
who are now deceased, that he was well acquainted with the hand-
writings of the said J.P. Crawford & Daniel Vandemark, having
often seen them write, that the signature J.P. Crawford & Dan:
=iel Vandemark as subscribing witnesses to the last Will and
Testament of Absalom Ports, deceased, is in the own proper
hand writing and signature of the said J.P. Crawford & Daniel
Vandemark who at the date of said Will were in full life, and
resided in Berkshire Township. Berkshire Village in said
County.
J.A. Ports.
Sworn to before me, and subscribed in my presence, this 18th day
of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 400)
Description
[page 400]
[corresponds to page 334 of Delaware County Will Records Vol. 8 1887-
1890]
334
Absalom Ports' Will
Proof of Signature of Witness to Will.
The State of Ohio
Delaware County.ss.
Margaret Beach being duly sworn,
she was well acquainted with Daniel Vandemark who is now de:
=ceased, that she was well acquainted with the hand writing of the said
Daniel Vandemark, having often seen him write, that the signature
Daniel Vandemark as subscribing witness to the last Will and Tes:
=tament of Absalom Ports, deceased, is in the own proper hand
writing and signature of the said Daniel Vandemark who at
the date of said Will was in full life, and resided in Berkshire
Township, in said County.
Margaret Beach.
Sworn to before me, and subscribed in my presence, this 18th day
of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
June 18 1889.
In the Matter of the Will of }
Absalom Ports, deceased, } Be it remembered, that heretofore, to-wit:
on the 3 day of June. A.D. 1889. an instru:
=ment in writing, purporting to be the last Will and Testament of
Absalom Ports, late of Berkshire Township, in this County, deceas:
=ed was produced in open Court for Probate and was then filed.
And, it now being shown, to the satisfaction of the Court, that due
notice of the filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given to Rebecca
Ports Hannah Crego and Nellie S. Townley heirs and next of kin
of the Testator; resident of the State of Ohio, pursuant to a former
order of this Court. J.A. Ports and Mary Crawford appeared in
open Court, and were duly sworn and examined according to law touch:
=ing the genuineness of the signature of said J. P. Crawford, attached
to said Will, and their testimony thereon was reduced to writing and
filed, also J.A. Ports and Margaret Beach appeared in open Court, and
were duly sworn and examined according to law touching the genuineness
of the signature of said Daniel Vandemark, attached to said Will, and
their testimony thereon was reduced to writing and filed. Whereupon,
the Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Absalom Ports, deceased, That the same
was duly executed and attested. It is, therefore, by the Court ordered,
that the said Will be admitted to probate, and that the same, together
with all the proceedings had thereon, be entered of record in this Court.
N.F. Overturf.
Probate Judge
[corresponds to page 334 of Delaware County Will Records Vol. 8 1887-
1890]
334
Absalom Ports' Will
Proof of Signature of Witness to Will.
The State of Ohio
Delaware County.ss.
Margaret Beach being duly sworn,
she was well acquainted with Daniel Vandemark who is now de:
=ceased, that she was well acquainted with the hand writing of the said
Daniel Vandemark, having often seen him write, that the signature
Daniel Vandemark as subscribing witness to the last Will and Tes:
=tament of Absalom Ports, deceased, is in the own proper hand
writing and signature of the said Daniel Vandemark who at
the date of said Will was in full life, and resided in Berkshire
Township, in said County.
Margaret Beach.
Sworn to before me, and subscribed in my presence, this 18th day
of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
June 18 1889.
In the Matter of the Will of }
Absalom Ports, deceased, } Be it remembered, that heretofore, to-wit:
on the 3 day of June. A.D. 1889. an instru:
=ment in writing, purporting to be the last Will and Testament of
Absalom Ports, late of Berkshire Township, in this County, deceas:
=ed was produced in open Court for Probate and was then filed.
And, it now being shown, to the satisfaction of the Court, that due
notice of the filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given to Rebecca
Ports Hannah Crego and Nellie S. Townley heirs and next of kin
of the Testator; resident of the State of Ohio, pursuant to a former
order of this Court. J.A. Ports and Mary Crawford appeared in
open Court, and were duly sworn and examined according to law touch:
=ing the genuineness of the signature of said J. P. Crawford, attached
to said Will, and their testimony thereon was reduced to writing and
filed, also J.A. Ports and Margaret Beach appeared in open Court, and
were duly sworn and examined according to law touching the genuineness
of the signature of said Daniel Vandemark, attached to said Will, and
their testimony thereon was reduced to writing and filed. Whereupon,
the Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Absalom Ports, deceased, That the same
was duly executed and attested. It is, therefore, by the Court ordered,
that the said Will be admitted to probate, and that the same, together
with all the proceedings had thereon, be entered of record in this Court.
N.F. Overturf.
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 401)
Description
[page 401]
[corresponds to page 335 of Delaware County Will Records Vol. 8 1887-
1890]
335
Absalom Port's Will
Copy of Will
In the name of the benevolent Father of All, I, Absalom Ports
do make and publish this my last Will and Testament.
Item First I give and devise to my beloved wife in lieu of her
dower the farm
on which we now reside. Situate in Berkshire Township in
Section three of Township four.of Range Seventeen and lot seven:
=teen containing one hundred and twenty three acres & ninety two
hundredths of one acre during her natural life time if she remain
my Widdow provided my wife should marry I then will that my
estate go to probate and all the stock house hold goods furniture
& provisions and other goods and chattles may be thereon at the
time of my decease during her natural lifetime as aforesaid she how=
=ever selling so much thereof as may be sufficient to pay my just
debts and at the death of my said Wife of her [sic] marrage the real
estate to aforesaid and such part of the said personal property or the
proceeds
thereof as may then remain unconsumed and unexpended I give and
devise as follows:
Item Second. I give and devise to my son [sic] Isreal A. Ports One
thousand dollars
and to my Daughter Rebecca Ports I give and devise One hundred dollars
Item Third. I also give and devise to my son Israel A. Ports and
Rebecca Ports an
equal share of all the residue of my property real and personal to=
=gether with my Daughters Mary Lewis Elizabeth Jane Thompson
[sic] Willmina Ports Hannah Ports. Serrepta P. Ports.
I do hereby nominate and appoint my son Israel A. Ports Ex:
=ecutor of this my last Will and Testament hereby authorizing and
empowering him to compromise adjust release and discharge in
such manner as he may deem proper the debts and claims due me
I do also authorize and empower him if it shall become necessary
in order to pay my debts to sell by private sale or in such manner
upon such terms of credit or otherwise as he may think proper all
or any part of my real estate and deeds to purchasers to execute ac:
=knowledge 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 13 day Oct. in the year of our Lord
1864.
Absalom Ports {Seal}
Signed and acknowledged by said
Absalom Ports as his last Will
and Testament in our presence and
signed by us in his presence.
J.P. Crawford
Daniel Vandemark.
[corresponds to page 335 of Delaware County Will Records Vol. 8 1887-
1890]
335
Absalom Port's Will
Copy of Will
In the name of the benevolent Father of All, I, Absalom Ports
do make and publish this my last Will and Testament.
Item First I give and devise to my beloved wife in lieu of her
dower the farm
on which we now reside. Situate in Berkshire Township in
Section three of Township four.of Range Seventeen and lot seven:
=teen containing one hundred and twenty three acres & ninety two
hundredths of one acre during her natural life time if she remain
my Widdow provided my wife should marry I then will that my
estate go to probate and all the stock house hold goods furniture
& provisions and other goods and chattles may be thereon at the
time of my decease during her natural lifetime as aforesaid she how=
=ever selling so much thereof as may be sufficient to pay my just
debts and at the death of my said Wife of her [sic] marrage the real
estate to aforesaid and such part of the said personal property or the
proceeds
thereof as may then remain unconsumed and unexpended I give and
devise as follows:
Item Second. I give and devise to my son [sic] Isreal A. Ports One
thousand dollars
and to my Daughter Rebecca Ports I give and devise One hundred dollars
Item Third. I also give and devise to my son Israel A. Ports and
Rebecca Ports an
equal share of all the residue of my property real and personal to=
=gether with my Daughters Mary Lewis Elizabeth Jane Thompson
[sic] Willmina Ports Hannah Ports. Serrepta P. Ports.
I do hereby nominate and appoint my son Israel A. Ports Ex:
=ecutor of this my last Will and Testament hereby authorizing and
empowering him to compromise adjust release and discharge in
such manner as he may deem proper the debts and claims due me
I do also authorize and empower him if it shall become necessary
in order to pay my debts to sell by private sale or in such manner
upon such terms of credit or otherwise as he may think proper all
or any part of my real estate and deeds to purchasers to execute ac:
=knowledge 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 13 day Oct. in the year of our Lord
1864.
Absalom Ports {Seal}
Signed and acknowledged by said
Absalom Ports as his last Will
and Testament in our presence and
signed by us in his presence.
J.P. Crawford
Daniel Vandemark.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 402)
Description
[page 402]
[corresponds to page 336 of Delaware County Will Records Vol. 8 1887-1890]
336
George A. Gifford's Will.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last }
Will and Testament of } Application to Admit to Probate
George A. Gifford, deceased }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that George A. Gifford late a resident of the Township of Berkshire
in said County, died on or about the 7th day of June. A.D.1889 be-
=ing an instrument in writing, hereto attached, purporting to be his
last Will and Testament: That the said George A. Gifford
died leaving Emeline A. Gifford widow and no other persons his
next of kin:
Your petitioner prays that a time may be fixed for the proving of
said Will.
Emeline A. Gifford.
The foregoing application was signed in my presence and sworn
to before, this 12th day of June. A.D 1889.
N.F. Overturf
{Seal} Probate Judge.
Waiver.
I, the undersigned widow of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 12th day of June. A.D.1889.
Emeline A. Gifford.
Journal Entry.
June 12th 1889.
In the Matter of the Will
of George A. Gifford, deceased.
This day, an instrument of writing,
purporting to be the last Will and Testament of George A. Gif:
=ford, late of Berkshire Township, in this County, deceased, was pro=
=duced in open Court for Probate; On Consideration Whereof, it
is ordered that the said Will be filed in this Court, and thereupon
came Emeline A. Gifford, widow of said Testator, (there being no
next of kin resident of the state of Ohio) and in writing, waived
further notice and consented to the probate of said Will. And
the hearing of said Will is set for Tuesday the 18 day of June.
A.D.1889. at 10 o'clock A.M., to which time this matter is
continued.
N.F. Overturf
Probate Judge.
[corresponds to page 336 of Delaware County Will Records Vol. 8 1887-1890]
336
George A. Gifford's Will.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last }
Will and Testament of } Application to Admit to Probate
George A. Gifford, deceased }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that George A. Gifford late a resident of the Township of Berkshire
in said County, died on or about the 7th day of June. A.D.1889 be-
=ing an instrument in writing, hereto attached, purporting to be his
last Will and Testament: That the said George A. Gifford
died leaving Emeline A. Gifford widow and no other persons his
next of kin:
Your petitioner prays that a time may be fixed for the proving of
said Will.
Emeline A. Gifford.
The foregoing application was signed in my presence and sworn
to before, this 12th day of June. A.D 1889.
N.F. Overturf
{Seal} Probate Judge.
Waiver.
I, the undersigned widow of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 12th day of June. A.D.1889.
Emeline A. Gifford.
Journal Entry.
June 12th 1889.
In the Matter of the Will
of George A. Gifford, deceased.
This day, an instrument of writing,
purporting to be the last Will and Testament of George A. Gif:
=ford, late of Berkshire Township, in this County, deceased, was pro=
=duced in open Court for Probate; On Consideration Whereof, it
is ordered that the said Will be filed in this Court, and thereupon
came Emeline A. Gifford, widow of said Testator, (there being no
next of kin resident of the state of Ohio) and in writing, waived
further notice and consented to the probate of said Will. And
the hearing of said Will is set for Tuesday the 18 day of June.
A.D.1889. at 10 o'clock A.M., to which time this matter is
continued.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 403)
Description
[page 403]
[corresponds to page 337 of Delaware County Will Records Vol. 8 1887-
1890]
337
George A. Gifford's Estate.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court
James R. Smythe and George J. Roberts' the subscribing
witnesses to the last Will and Testament of George A. Gifford,
late of Berkshire Township in said Delaware County. deceased;
who being duly sworn according to law, to speak the truth, the
whole truth, and nothing but the truth, in relation to the exe=
=cution of said Will, depose and say: That the paper before
them bearing date the 24th day of March. A.D.1888 purporting
to be the last Will and Testament of George A. Gifford, now
deceased, is the Will of said deceased George A. Gifford,
that they were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their names
to the same as witnesses, in his presence, that they saw the said
George A. Gifford deceased, sign and seal said Will, and
heard him acknowledge the same to be his last Will and Testa=
=ment, and that the said George A. Gifford at the time of
making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
James R. Smythe
George J. Roberts.
Sworn to and subscribed by said witnesses, in open Court,
this 18th day of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
June 18 1889.
In the Matter of the Will
of George A. Gifford, deceased
Be it remembered, that heretofore,
to-wit; on the 12th day of June. A D. 1889. an instrument of
writing, purporting to be the last Will and Testament of
George A. Gifford, late of Berkshire Township, in this
County, deceased, was produced in open Court for probate , and was
then filed. The widow of said Testator having waived Notice, and
there being no next of kin of said decedent, thereupon came
James R. Smythe and George J. Roberts the subscribing
witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed, and
filed with said Will, whereupon the Court finds that the
aforesaid instrument of writing is the last Will and Testa=
=ment of said George A. Gifford, deceased. That the same was
duly executed and attested; and that the said Testator, at
[corresponds to page 337 of Delaware County Will Records Vol. 8 1887-
1890]
337
George A. Gifford's Estate.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court
James R. Smythe and George J. Roberts' the subscribing
witnesses to the last Will and Testament of George A. Gifford,
late of Berkshire Township in said Delaware County. deceased;
who being duly sworn according to law, to speak the truth, the
whole truth, and nothing but the truth, in relation to the exe=
=cution of said Will, depose and say: That the paper before
them bearing date the 24th day of March. A.D.1888 purporting
to be the last Will and Testament of George A. Gifford, now
deceased, is the Will of said deceased George A. Gifford,
that they were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their names
to the same as witnesses, in his presence, that they saw the said
George A. Gifford deceased, sign and seal said Will, and
heard him acknowledge the same to be his last Will and Testa=
=ment, and that the said George A. Gifford at the time of
making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
James R. Smythe
George J. Roberts.
Sworn to and subscribed by said witnesses, in open Court,
this 18th day of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
June 18 1889.
In the Matter of the Will
of George A. Gifford, deceased
Be it remembered, that heretofore,
to-wit; on the 12th day of June. A D. 1889. an instrument of
writing, purporting to be the last Will and Testament of
George A. Gifford, late of Berkshire Township, in this
County, deceased, was produced in open Court for probate , and was
then filed. The widow of said Testator having waived Notice, and
there being no next of kin of said decedent, thereupon came
James R. Smythe and George J. Roberts the subscribing
witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed, and
filed with said Will, whereupon the Court finds that the
aforesaid instrument of writing is the last Will and Testa=
=ment of said George A. Gifford, deceased. That the same was
duly executed and attested; and that the said Testator, at
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 404)
Description
[page 404]
[corresponds to page 338 of Delaware County Will Records Vol. 8 1887-1890]
338
George A. Gifford's Will
the time of making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had thereon, be
entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, I George A.
Gifford of Berkshire Township. Delaware County and State of
Ohio, do make and publish this my last Will and Testament.
First , It is my will that my just debts and all charges be paid out of
my estate.
Item I give and devise all the residue of my estate both personal
and real
including my farm on which we now reside situate in
Berkshire Township aforesaid and adjoining the town of Galena
and A. Washburns land on the north containing about thirty
eight acres. to Emeline A. Gifford, my wife to be to her and hers
absolutely (she however selling as much thereof as may be suf=
=ficient to pay my just debts.
Item. I do hereby nominate and appoint the said Emeline A. Gifford,
my wife executrix of this my last Will and Testament, hereby
authorizing and empowering her to compromise, adjust, release and
discharge as she may deem proper the debts and claims due me.
I do also authorize and empower her if it shall become necessary in
order to pay my debts, to sell by private sale, or in such manner,
upon such terms of credit or otherwise as she may think proper
all or any part of my real estate and deeds to purchasers to exe=
=cute, acknowledge and deliver in fee simple.
I desire that no appraisement and no sale of my personal prop=
=erty be made and that my Executrix be not required to give
bond, and that the Court of Probate so direct
In testimony hereof I have
hereunto set my hand and seal this 24th day of March. in the
year 1888.
George A. Gifford. {SeaL}
Signed and acknowledged by said George A. Gifford as his last
Will and Testament in our presence and signed by us in his
presence.
James R. Smythe
George J. Roberts
[corresponds to page 338 of Delaware County Will Records Vol. 8 1887-1890]
338
George A. Gifford's Will
the time of making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had thereon, be
entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, I George A.
Gifford of Berkshire Township. Delaware County and State of
Ohio, do make and publish this my last Will and Testament.
First , It is my will that my just debts and all charges be paid out of
my estate.
Item I give and devise all the residue of my estate both personal
and real
including my farm on which we now reside situate in
Berkshire Township aforesaid and adjoining the town of Galena
and A. Washburns land on the north containing about thirty
eight acres. to Emeline A. Gifford, my wife to be to her and hers
absolutely (she however selling as much thereof as may be suf=
=ficient to pay my just debts.
Item. I do hereby nominate and appoint the said Emeline A. Gifford,
my wife executrix of this my last Will and Testament, hereby
authorizing and empowering her to compromise, adjust, release and
discharge as she may deem proper the debts and claims due me.
I do also authorize and empower her if it shall become necessary in
order to pay my debts, to sell by private sale, or in such manner,
upon such terms of credit or otherwise as she may think proper
all or any part of my real estate and deeds to purchasers to exe=
=cute, acknowledge and deliver in fee simple.
I desire that no appraisement and no sale of my personal prop=
=erty be made and that my Executrix be not required to give
bond, and that the Court of Probate so direct
In testimony hereof I have
hereunto set my hand and seal this 24th day of March. in the
year 1888.
George A. Gifford. {SeaL}
Signed and acknowledged by said George A. Gifford as his last
Will and Testament in our presence and signed by us in his
presence.
James R. Smythe
George J. Roberts
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 405)
Description
[page 405]
[corresponds to page 339 of Delaware County Will Records Vol. 8 1887-1890]
339
Lyman Carpenter's Will.
Application for Probate of Will
The State of Ohio } In Probate Court
Delaware County ss. }
In the Matter of the Last WIll and Testa=
:ment of Lyman Carpenter, Deceased.
Application to Admit to Probate.
To the Hon. N.F. Overturf. Judge of the Probate Court in and
for said County:
Your petitioner respectfully represents that Lyman
Carpenter, late a resident of the Township of Oxford, in said Coun=
=ty, died on or about the 23rd day of May. A.D. 1889, leaving an in=
=strument in writing, hereto attached, purporting to be his last
Will and Testament: That the said Lyman Carpenter died
leaving Elizabeth Carpenter widow and the following named per=
=sons his only next of kin resident of the State of Ohio:
Name Degree of Kinship. P.O. Address.
Lewis Carpenter Son Ashley. O.
Lafayette Carpenter " Ashley. O.
Gilbert Carpenter " " "
Ada Granger Daughter Westfield. O.
Catharine Smith " Waldo. O.
Grant Carpenter Grand Son. Westfield. O.
Your petitioner prays that a time may be fixed for the prov=
=ing of said Will, and that said above named persons may be
notified according to law of the pending of said proceedings
Gilbert Carpenter.
The foregoing application was signed in my presence and sworn
to before me, this 5th day of June. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned Gilbert Carpenter, of the within named de=
=cedent, hereby waive further Notice and consent to the probate of
said Will.
Dated this 5th day of June. A.D. 1889.
Gilbert Carpenter.
Journal Entry.
June 5 1889.
In the Matter of the Will of }
Lyman Carpenter, decd } This day, an instrument of writing,
purporting to be the last Will and Testa=
=ment of Lyman Carpenter, late of Oxford Township, in this
County, deceased, was produced in open Court for Probate; On
[corresponds to page 339 of Delaware County Will Records Vol. 8 1887-1890]
339
Lyman Carpenter's Will.
Application for Probate of Will
The State of Ohio } In Probate Court
Delaware County ss. }
In the Matter of the Last WIll and Testa=
:ment of Lyman Carpenter, Deceased.
Application to Admit to Probate.
To the Hon. N.F. Overturf. Judge of the Probate Court in and
for said County:
Your petitioner respectfully represents that Lyman
Carpenter, late a resident of the Township of Oxford, in said Coun=
=ty, died on or about the 23rd day of May. A.D. 1889, leaving an in=
=strument in writing, hereto attached, purporting to be his last
Will and Testament: That the said Lyman Carpenter died
leaving Elizabeth Carpenter widow and the following named per=
=sons his only next of kin resident of the State of Ohio:
Name Degree of Kinship. P.O. Address.
Lewis Carpenter Son Ashley. O.
Lafayette Carpenter " Ashley. O.
Gilbert Carpenter " " "
Ada Granger Daughter Westfield. O.
Catharine Smith " Waldo. O.
Grant Carpenter Grand Son. Westfield. O.
Your petitioner prays that a time may be fixed for the prov=
=ing of said Will, and that said above named persons may be
notified according to law of the pending of said proceedings
Gilbert Carpenter.
The foregoing application was signed in my presence and sworn
to before me, this 5th day of June. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned Gilbert Carpenter, of the within named de=
=cedent, hereby waive further Notice and consent to the probate of
said Will.
Dated this 5th day of June. A.D. 1889.
Gilbert Carpenter.
Journal Entry.
June 5 1889.
In the Matter of the Will of }
Lyman Carpenter, decd } This day, an instrument of writing,
purporting to be the last Will and Testa=
=ment of Lyman Carpenter, late of Oxford Township, in this
County, deceased, was produced in open Court for Probate; On
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 406)
Description
[page 406]
[corresponds to page 340 of Delaware County Will Records Vol. 8 1887-
1890]
340
Lyman Carpenter's Will.
Consideration Whereof. it is ordered that the said Will be filed
in this Court, and that due Notice thereof, and of the application
to admit the same to probate and record, be given to Elizabeth
A. Carpenter his widow, and Lafayette Carpenter - Lewis Carpenter -
Ada Granger - Catharine Smith and Grant Carpenter heirs and
next of kin of said Testator, resident of the State of Ohio, that
said application will be for hearing before this Court on the 22
day of June. A.D. 1889. at 1 o'clock, P.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the last Will and Testament
of Lyman Carpenter, Deceased.
To Elizabeth Carpenter - Lewis Carpenter -
Lafayette Carpenter - Ada Granger - Catharine Smith and
Grant Carpenter,
You are hereby notified that on the 2nd day of
June. A.D. 1889. an instrument of writing, purporting to be the last
Will and Testament of Lyman Carpenter, late of Oxford Town:
:ship, in said County, deceased, was produced in open Court, and
an application to admit the same to probate was on the same
day made in said Court. Said application will be for hearing
before this Court on the 22nd day of June. A.D. 1889. at 1
o'clock P.M.,
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio this 2 day of June.A.D.
1889.
Return.
The State of Ohio }
Delaware County.ss. }
Gilbert Carpenter, being duly sworn,
says that on the 6th day of June. A.D. 1889. he served the
within Notice by delivering a true copy thereof to the within
named Ada Granger. R.L. Carpenter - Lafayette Carpenter-
Elizabeth A. Carpenter- Catharine Smith - Grant Carpen=
=ter.
Gilbert Carpenter.
Subscribed in my presence and sworn to before me this 22nd
day of June. 1889.
N.F. Overturf
Probate Judge.
[corresponds to page 340 of Delaware County Will Records Vol. 8 1887-
1890]
340
Lyman Carpenter's Will.
Consideration Whereof. it is ordered that the said Will be filed
in this Court, and that due Notice thereof, and of the application
to admit the same to probate and record, be given to Elizabeth
A. Carpenter his widow, and Lafayette Carpenter - Lewis Carpenter -
Ada Granger - Catharine Smith and Grant Carpenter heirs and
next of kin of said Testator, resident of the State of Ohio, that
said application will be for hearing before this Court on the 22
day of June. A.D. 1889. at 1 o'clock, P.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the last Will and Testament
of Lyman Carpenter, Deceased.
To Elizabeth Carpenter - Lewis Carpenter -
Lafayette Carpenter - Ada Granger - Catharine Smith and
Grant Carpenter,
You are hereby notified that on the 2nd day of
June. A.D. 1889. an instrument of writing, purporting to be the last
Will and Testament of Lyman Carpenter, late of Oxford Town:
:ship, in said County, deceased, was produced in open Court, and
an application to admit the same to probate was on the same
day made in said Court. Said application will be for hearing
before this Court on the 22nd day of June. A.D. 1889. at 1
o'clock P.M.,
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio this 2 day of June.A.D.
1889.
Return.
The State of Ohio }
Delaware County.ss. }
Gilbert Carpenter, being duly sworn,
says that on the 6th day of June. A.D. 1889. he served the
within Notice by delivering a true copy thereof to the within
named Ada Granger. R.L. Carpenter - Lafayette Carpenter-
Elizabeth A. Carpenter- Catharine Smith - Grant Carpen=
=ter.
Gilbert Carpenter.
Subscribed in my presence and sworn to before me this 22nd
day of June. 1889.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 407)
Description
[page 407]
[corresponds to page 341 of Delaware County Will Records Vol. 8 1887-1890]
341
Lyman Carpenter's Will.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court C.D.
and William Skank the subscribing witnesses to the last
Will and Testament of Lyman Carpenter, late of Oxford Town=
=ship in said Delaware County, deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the 10th day of
April. A.D. 1885. purporting to be the last Will and Testament
of Lyman Carpenter now deceased, is the Will of said deceased
Lyman Carpenter, that they were present at the execution of said
Will, and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence; that they
saw the said Lyman Carpenter deceased sign and seal said Will,
and heard him acknowledge the same to be his last Will and Testament,
and
that the said Lyman Carpenter at the time of making, signing and
sealing
said Will, was of full age, of sound mind and memory, and not under
any restraint
C.D. Jones. Wm Skank.
Sworn to and subscribed by said witnesses, in open Court, this
22nd day of June. A.D.1889.
N.F. Overturf.
Probate Judge.
Journal Entry.
June. 22 1889.
In the Matter of the Will of }
Lyman Carpenter, deceased } Be it remembered, that heretofore, to-
=wit: on the 5 day of June.A.D.
1889, an instrument of writing, purporting to be the last Will and
Testament of Lyman Carpenter, late of Oxford Township, in this
County deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and of the ap=
=plication to admit the same to probate and record in this Court,
has been given to Elizabeth A. Carpenter his widow, and Lewis
Carpenter - Lafayett Carpenter - Ada Granger- Catharine Smith
and Grant Carpenter heirs and next of kin of the Testator, resident
of the State of Ohio, pursuant to a former order of this Court; there=
=fore, on this day came C D. Jones and Wm Skank the subscrib=
=ing witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will. Which testimony was
reduced to writing, by them respectively subscribed, and filed with
said Will, whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said Lyman Carpen=
=ter, deceased. That the same was duly executed and attested; and
that the said Testator, at the time of making, signing and sealing
[corresponds to page 341 of Delaware County Will Records Vol. 8 1887-1890]
341
Lyman Carpenter's Will.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court C.D.
and William Skank the subscribing witnesses to the last
Will and Testament of Lyman Carpenter, late of Oxford Town=
=ship in said Delaware County, deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the 10th day of
April. A.D. 1885. purporting to be the last Will and Testament
of Lyman Carpenter now deceased, is the Will of said deceased
Lyman Carpenter, that they were present at the execution of said
Will, and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence; that they
saw the said Lyman Carpenter deceased sign and seal said Will,
and heard him acknowledge the same to be his last Will and Testament,
and
that the said Lyman Carpenter at the time of making, signing and
sealing
said Will, was of full age, of sound mind and memory, and not under
any restraint
C.D. Jones. Wm Skank.
Sworn to and subscribed by said witnesses, in open Court, this
22nd day of June. A.D.1889.
N.F. Overturf.
Probate Judge.
Journal Entry.
June. 22 1889.
In the Matter of the Will of }
Lyman Carpenter, deceased } Be it remembered, that heretofore, to-
=wit: on the 5 day of June.A.D.
1889, an instrument of writing, purporting to be the last Will and
Testament of Lyman Carpenter, late of Oxford Township, in this
County deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and of the ap=
=plication to admit the same to probate and record in this Court,
has been given to Elizabeth A. Carpenter his widow, and Lewis
Carpenter - Lafayett Carpenter - Ada Granger- Catharine Smith
and Grant Carpenter heirs and next of kin of the Testator, resident
of the State of Ohio, pursuant to a former order of this Court; there=
=fore, on this day came C D. Jones and Wm Skank the subscrib=
=ing witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will. Which testimony was
reduced to writing, by them respectively subscribed, and filed with
said Will, whereupon the Court finds that the aforesaid instrument
of writing is the last Will and Testament of said Lyman Carpen=
=ter, deceased. That the same was duly executed and attested; and
that the said Testator, at the time of making, signing and sealing
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 408)
Description
[page 408]
[corresponds to page 342 of Delaware County Will Records Vol. 8 1887-1890]
342
Lyman Carpenter's Will
said Will, 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 that the same together with the testimony
of the witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
Lyman Carpenter Will
In the name of God amen, I Lymon Carpenter of the town of Waldo
County of Marion and State of Ohio being of sound mind and memory do
make publish and declare this my last will and testament in manner
following that is to say:
First I give and bequeath to my wife Elizabeth A. Carpenter all of my
household goods and furniture and also my house and lot No. 155 Situ:
=ated in the Village of Waldo. County of Marion and State of Ohio, to
have and hold as long as she remains my widow.
Lyman Carpenter Will
In the name of God amen, I Lyman Carpenter of the town of Waldo
County of Marion and State of Ohio being of sound mind and memory do
make publish and declare this my last will and testament in manner
following that is to say:
First I give and bequeath to my wife Elizabeth A. Carpenter all of my
household goods and furniture and also my house and lot No. 155 Situ=
=ated in the Village of Waldo, County of Marion and State of Ohio, to
have and hold as long as she remains my widow.
Sec. I give and bequeath to my son Chester Carpenters hears each
Twenty Five Dollars a peace.
Third I give and devise all the rest residue and remainder of my
estate of every
name and nature whatsoever to my said heirs Gilbert Carpenter.
Lafayett Carpenter. Robert Lewis Carpenter, Henry Carpenter,
Adiah Granger. Elizabeth Smith and Louisa Ann Peak equal
shares except my watch and buggy I give and bequeath to my son
Lafayett Carpenter.
Lastley I do hereby nominate and appoint my son Gilbert Carpenter to
be executor of this my last Will and Testament, hereby revoking
all former wills by me made.
In witness whereof I have hereunto set
my hand and seal this tenth day of April. in the year of our
Lord one thousand eight hundred and eighty five.
Lyman Carpenter {Seal}
The above instrument consisting of one sheat was at the date
thereof signed sealed published and declared by the said Lymon
Carpenter as and for his last will and testament in presence of us
who at his request and in his presence and in presence of each other
have subscribed our names as witnesses thereto.
C.D. Jones. Residence Waldo.
William Skank " "
[corresponds to page 342 of Delaware County Will Records Vol. 8 1887-1890]
342
Lyman Carpenter's Will
said Will, 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 that the same together with the testimony
of the witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
Lyman Carpenter Will
In the name of God amen, I Lymon Carpenter of the town of Waldo
County of Marion and State of Ohio being of sound mind and memory do
make publish and declare this my last will and testament in manner
following that is to say:
First I give and bequeath to my wife Elizabeth A. Carpenter all of my
household goods and furniture and also my house and lot No. 155 Situ:
=ated in the Village of Waldo. County of Marion and State of Ohio, to
have and hold as long as she remains my widow.
Lyman Carpenter Will
In the name of God amen, I Lyman Carpenter of the town of Waldo
County of Marion and State of Ohio being of sound mind and memory do
make publish and declare this my last will and testament in manner
following that is to say:
First I give and bequeath to my wife Elizabeth A. Carpenter all of my
household goods and furniture and also my house and lot No. 155 Situ=
=ated in the Village of Waldo, County of Marion and State of Ohio, to
have and hold as long as she remains my widow.
Sec. I give and bequeath to my son Chester Carpenters hears each
Twenty Five Dollars a peace.
Third I give and devise all the rest residue and remainder of my
estate of every
name and nature whatsoever to my said heirs Gilbert Carpenter.
Lafayett Carpenter. Robert Lewis Carpenter, Henry Carpenter,
Adiah Granger. Elizabeth Smith and Louisa Ann Peak equal
shares except my watch and buggy I give and bequeath to my son
Lafayett Carpenter.
Lastley I do hereby nominate and appoint my son Gilbert Carpenter to
be executor of this my last Will and Testament, hereby revoking
all former wills by me made.
In witness whereof I have hereunto set
my hand and seal this tenth day of April. in the year of our
Lord one thousand eight hundred and eighty five.
Lyman Carpenter {Seal}
The above instrument consisting of one sheat was at the date
thereof signed sealed published and declared by the said Lymon
Carpenter as and for his last will and testament in presence of us
who at his request and in his presence and in presence of each other
have subscribed our names as witnesses thereto.
C.D. Jones. Residence Waldo.
William Skank " "
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 409)
Description
[page 409]
[corresponds to page 343 of Delaware County Will Records Vol. 8 1887-1890]
343
4518 Randolph R. Marriott's Will
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the Last
Will and Testament of Ran=
:dolph R. Marriott. Deceased.
To the Hon. Norman F. Overturf.
Judge of the Probate Court in and for said County:
Your petitioner respectfully repre=
=sents that Randolph R. Marriott late a resident of the
Township of Berkshire in said County. died on or about the
day of July A.D. 1888, leaving an instrument in writ:
=ing, hereto attached, purporting to be his last Will and Testa:
=ment: That the said Randolph R. Marriott died leaving
Mamie Marriott and the following named persons his only
next of kin residents of the State of Ohio:
Age of
Name Minor Degree of Kinship. P.O.
Address.
Harry Marriott 1 year. Son.
Columbus.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be not=
=ified according to law of the pending of said proceedings.
F.M. Marriott.
The foregoing application was signed in my presence and
sworn to before me, this 18 day of June. A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Waiver
I, the undersigned Mamie Marriott, widow of the within
named decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 20th day of June. A.D.1889,
Mame Marriott
Journal Entry.
June 18 1889.
In the Matter of the Will
of Randolph Marriott, deceased.
This day an instrument of writing.
purporting to be the last Will and Testament of Randolph
R. Marriott, late of Berkshire Township, in this County -
deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of the
[corresponds to page 343 of Delaware County Will Records Vol. 8 1887-1890]
343
4518 Randolph R. Marriott's Will
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the Last
Will and Testament of Ran=
:dolph R. Marriott. Deceased.
To the Hon. Norman F. Overturf.
Judge of the Probate Court in and for said County:
Your petitioner respectfully repre=
=sents that Randolph R. Marriott late a resident of the
Township of Berkshire in said County. died on or about the
day of July A.D. 1888, leaving an instrument in writ:
=ing, hereto attached, purporting to be his last Will and Testa:
=ment: That the said Randolph R. Marriott died leaving
Mamie Marriott and the following named persons his only
next of kin residents of the State of Ohio:
Age of
Name Minor Degree of Kinship. P.O.
Address.
Harry Marriott 1 year. Son.
Columbus.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be not=
=ified according to law of the pending of said proceedings.
F.M. Marriott.
The foregoing application was signed in my presence and
sworn to before me, this 18 day of June. A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Waiver
I, the undersigned Mamie Marriott, widow of the within
named decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 20th day of June. A.D.1889,
Mame Marriott
Journal Entry.
June 18 1889.
In the Matter of the Will
of Randolph Marriott, deceased.
This day an instrument of writing.
purporting to be the last Will and Testament of Randolph
R. Marriott, late of Berkshire Township, in this County -
deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 410)
Description
[page 410]
[corresponds to page 344 of Delaware County Will Records Vol. 8 1887-
1890]
344
Randolph R. Marriott's Will
application to admit the same to probate and record, be given to
Mame Marriott, his widow, and Harry Marriott, heir and next
of kin of the Testator, resident of the State of Ohio, that said ap=
=plication will be for hearing before this Court on the 28th day
of June. A.D.1889. at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Tes=
=tament of Randolph R. Marriott,deceased.
To Harry Marriott:
You are hereby notified that
on the 18th day of June. A.D.1889, an instrument of writing
purporting to be the last Will and Testament of Randolph
R. Marriott late of Berkshire Township, in said County.
deceased, was produced in open Court, and an application
to admit the same to probate was on the same day made
in said Court. Said application will be for hearing before
this Court on the 28th day of June A.D. 1889. at 1 o'clock
P.M.,
N.F. Overturf
Probate Judge.
Dated at Delaware, Ohio, this 18 day of June. A.D.
1889.
{Seal}
Return.
The State of Ohio
Delaware County.ss.
F.M. Marriott being duly sworn, says
that on the 20 day of June A.D.1889, he served the
within notice by delivering a true copy thereof to the within
named Harry Marriott, an infant under the age of two
years and also by delivering a true copy thereof to Mame Mar:
=riott the mother of said child and with whom he is living
F.M. Marriott
Subscribed in my presence and sworn to before me this 28
day of June. 1889.
N.F. Overturf
Probate Judge
[corresponds to page 344 of Delaware County Will Records Vol. 8 1887-
1890]
344
Randolph R. Marriott's Will
application to admit the same to probate and record, be given to
Mame Marriott, his widow, and Harry Marriott, heir and next
of kin of the Testator, resident of the State of Ohio, that said ap=
=plication will be for hearing before this Court on the 28th day
of June. A.D.1889. at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Tes=
=tament of Randolph R. Marriott,deceased.
To Harry Marriott:
You are hereby notified that
on the 18th day of June. A.D.1889, an instrument of writing
purporting to be the last Will and Testament of Randolph
R. Marriott late of Berkshire Township, in said County.
deceased, was produced in open Court, and an application
to admit the same to probate was on the same day made
in said Court. Said application will be for hearing before
this Court on the 28th day of June A.D. 1889. at 1 o'clock
P.M.,
N.F. Overturf
Probate Judge.
Dated at Delaware, Ohio, this 18 day of June. A.D.
1889.
{Seal}
Return.
The State of Ohio
Delaware County.ss.
F.M. Marriott being duly sworn, says
that on the 20 day of June A.D.1889, he served the
within notice by delivering a true copy thereof to the within
named Harry Marriott, an infant under the age of two
years and also by delivering a true copy thereof to Mame Mar:
=riott the mother of said child and with whom he is living
F.M. Marriott
Subscribed in my presence and sworn to before me this 28
day of June. 1889.
N.F. Overturf
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 411)
Description
[page 411]
[corresponds to page 345 of Delaware County Will Records Vol. 8 1887-1890]
345
Randolph R. Marriott's Will
Probate of Will,
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court George
J. Roberts and James R. Smythe the subscribing witnesses
to the last Will and Testament of Randolph R. Marriott -
late of Berkshire Township in said Delaware County, de=
=ceased; who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the paper
before them bearing date the 3rd day of July A.D. 1888,
purporting to be the last Will and Testament of Randolph R.
Marriott, now deceased, is the Will of said deceased Randolph
R. Marriott, that they were present at the execution of said
Will, and at the request of the Testator, respectibly subscribed
their names to the same as witnesses, in his presence, that
they saw the said Randolph R. Marriott deceased sign and
seal said Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said Randolph R.
Marriott at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under any
restraint.
George J. Roberts
James. R. Smythe
Sworn to and subscribed by said witnesses, in open Court.
this 28th day of June. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
June 28 1889.
In the Matter of the Will of
Randolph R. Marriott, deceased.
Be it remembered, that heretofore,
to-wit: on the 18th day of June. A.D 1889. an instrument of
writing, purporting to be the last Will and Testament of
Randolph R. Marriott, late of Berkshire Township. in
this County, deceased, was produced in open Court for probate-
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and record in
this Court, has been given to Mame Marriott, his widow,
and Harry Marriott, heir and next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order of
this Court; therefore, on this day came George J. Roberts
and James R. Smythe the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attes:
[corresponds to page 345 of Delaware County Will Records Vol. 8 1887-1890]
345
Randolph R. Marriott's Will
Probate of Will,
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court George
J. Roberts and James R. Smythe the subscribing witnesses
to the last Will and Testament of Randolph R. Marriott -
late of Berkshire Township in said Delaware County, de=
=ceased; who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the paper
before them bearing date the 3rd day of July A.D. 1888,
purporting to be the last Will and Testament of Randolph R.
Marriott, now deceased, is the Will of said deceased Randolph
R. Marriott, that they were present at the execution of said
Will, and at the request of the Testator, respectibly subscribed
their names to the same as witnesses, in his presence, that
they saw the said Randolph R. Marriott deceased sign and
seal said Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said Randolph R.
Marriott at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under any
restraint.
George J. Roberts
James. R. Smythe
Sworn to and subscribed by said witnesses, in open Court.
this 28th day of June. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
June 28 1889.
In the Matter of the Will of
Randolph R. Marriott, deceased.
Be it remembered, that heretofore,
to-wit: on the 18th day of June. A.D 1889. an instrument of
writing, purporting to be the last Will and Testament of
Randolph R. Marriott, late of Berkshire Township. in
this County, deceased, was produced in open Court for probate-
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and record in
this Court, has been given to Mame Marriott, his widow,
and Harry Marriott, heir and next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order of
this Court; therefore, on this day came George J. Roberts
and James R. Smythe the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attes:
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 412)
Description
[page 412]
[corresponds to page 346 of Delaware County Will Records Vol. 8 1887-1890]
346
Randolph R. Marriott's Will.
=tation of said Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Randolph R. Marriott, deceased.
That the same was duly executed and attested; and that the
said Testator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All: I Randolph
R. Marriott of Berkshire Township. Delaware County. Ohio.
do make and publish this my last Will and Testament:
Item First it is my will that all my just debts and charges be paid
out of my estate.
Item I give and devise all the residue of my estate including my interest
in the real estate of which my father T.H. Marriott, died seized,
Situated in Harlem Township, Delaware County. Ohio, to Mame
Marriott my beloved wife to be her and her heirs forever.
Item I appoint and make the said Mame Marriott Executrix of this
my last Will and testament and I desire that no appraisement
and no sale of my personal property be made and that my Ex:
=ecutrix be not required to give Bond and that the Court of
Probate so direct.
In testimony hereof I have hereunto set my hand
and seal this 5th day of July. in the year 1888.
Randolph R. Marriott {Seal}
Signed and acknowledged by said Randolph R. Marriott
as his last Will and Testament in our presence and signed
by us in his presence.
George J. Roberts
James R. Smythe.
[corresponds to page 346 of Delaware County Will Records Vol. 8 1887-1890]
346
Randolph R. Marriott's Will.
=tation of said Will. Which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said Randolph R. Marriott, deceased.
That the same was duly executed and attested; and that the
said Testator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All: I Randolph
R. Marriott of Berkshire Township. Delaware County. Ohio.
do make and publish this my last Will and Testament:
Item First it is my will that all my just debts and charges be paid
out of my estate.
Item I give and devise all the residue of my estate including my interest
in the real estate of which my father T.H. Marriott, died seized,
Situated in Harlem Township, Delaware County. Ohio, to Mame
Marriott my beloved wife to be her and her heirs forever.
Item I appoint and make the said Mame Marriott Executrix of this
my last Will and testament and I desire that no appraisement
and no sale of my personal property be made and that my Ex:
=ecutrix be not required to give Bond and that the Court of
Probate so direct.
In testimony hereof I have hereunto set my hand
and seal this 5th day of July. in the year 1888.
Randolph R. Marriott {Seal}
Signed and acknowledged by said Randolph R. Marriott
as his last Will and Testament in our presence and signed
by us in his presence.
George J. Roberts
James R. Smythe.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 413)
Description
[page 413]
[corresponds to page 347 of Delaware County Will Records Vol. 8 1887-1890]
347
L. Saner Felkner's Will
Journal Entry.
June 26th 1889.
In the Matter of the Will of
L. Saner Felkner. deceased.
This day, an instrument of pur=
=porting to be the last Will and Testament of L. Saner Felkner, late
of Scioto Township, in this County. deceased, was produced in open
Court for Probate, On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due notice thereof,
and of the application to admit the same to probate and record, be
given to Sophia Felkner, his widow, and H.W. Felkner and Ann
H. Felkner heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hearing before this
Court, on the 8th day of July A.D.1889. at 2 o'clock P.M.,
Stanley B. Anderson, one of the heirs of said Testator, having this
day waived further Notice and consented to the probate of said Will.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County ss. }
In the Matter of the Last }
Will and Testament of Lewis } Application to Admit to Probate
S. Felkner - deceased. }
To the Hon. N. F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully
represents that
Lewis S. Felkner, late a resident of the Township of Scioto, in said
County, died on or about the 19th day of June. A.D.1889. leaving an
instrument in writing, hereto, attached, purporting to be his last Will
and Testament: That the said Lewis S. Felkner died leaving Soph:
=ia Felkner, widow, and the following named persons his only next
of kin residents of the State of Ohio.
Name Degree of Kinship. PO Address.
H.W. Felkner Son Ostrander, O
Ann H. Felkner Daughter " "
Stanley B. Anderson. Grand-son " "
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified accord:
=ing to law of the pending of said proceedings.
Stanley B. Anderson.
The foregoing application was signed in my presence and sworn to
before me,this 26th day of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 347 of Delaware County Will Records Vol. 8 1887-1890]
347
L. Saner Felkner's Will
Journal Entry.
June 26th 1889.
In the Matter of the Will of
L. Saner Felkner. deceased.
This day, an instrument of pur=
=porting to be the last Will and Testament of L. Saner Felkner, late
of Scioto Township, in this County. deceased, was produced in open
Court for Probate, On Consideration Whereof, it is ordered that
the said Will be filed in this Court, and that due notice thereof,
and of the application to admit the same to probate and record, be
given to Sophia Felkner, his widow, and H.W. Felkner and Ann
H. Felkner heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hearing before this
Court, on the 8th day of July A.D.1889. at 2 o'clock P.M.,
Stanley B. Anderson, one of the heirs of said Testator, having this
day waived further Notice and consented to the probate of said Will.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County ss. }
In the Matter of the Last }
Will and Testament of Lewis } Application to Admit to Probate
S. Felkner - deceased. }
To the Hon. N. F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully
represents that
Lewis S. Felkner, late a resident of the Township of Scioto, in said
County, died on or about the 19th day of June. A.D.1889. leaving an
instrument in writing, hereto, attached, purporting to be his last Will
and Testament: That the said Lewis S. Felkner died leaving Soph:
=ia Felkner, widow, and the following named persons his only next
of kin residents of the State of Ohio.
Name Degree of Kinship. PO Address.
H.W. Felkner Son Ostrander, O
Ann H. Felkner Daughter " "
Stanley B. Anderson. Grand-son " "
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified accord:
=ing to law of the pending of said proceedings.
Stanley B. Anderson.
The foregoing application was signed in my presence and sworn to
before me,this 26th day of June. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 414)
Description
[page 414]
[corresponds to page 348 of Delaware County Will Records Vol. 8 1887-1890]
348
L. Saner Felkner's Will
Waiver
I, the undersigned, grandson of the within named decedent, hereby waive
further notice, and consent to the probate of said Will.
Dated this 26th day of June. A.D.1889,
Stanley B. Anderson.
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss
In the matter of the last Will and Testament
of L. Saner Felkner, deceased.
To Sophia Felkner. Ann H. Felkner and
H.W.Felkner.
You are hereby notified that on the 26th day of June. A.D.
1889. an instrument of writing purporting to be the last Will and
Testament of L. Saner Felkner, late of Scioto Township. in said
County. deceased, was produced in open Court, and an application
to admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this court
on the 2nd day of July. A.D.1889. at 2 o'clock P.M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 26th day of June. A.D. 1889.
{Seal}
Return.
The State of Ohio }
Delaware County.ss } Stanley B. Anderson being duly sworn,
says that on the 27 day of June, A.D. 1889
he served the within notice by delivering a true copy thereof to
the within named Sophia Felkner. Ann J. Felkner. and H.
W. Felkner.
Stanley B. Anderson.
Subscribed in my presence and sworn to before me this 2nd day
of July 1889.
{Seal} N.F. Overturf. Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court Henry
B. Felkner and D. G. Cratty, the subscribing witnesses to
the last Will and Testament of L. Saner Felkner, late of Sci:
=oto Township in said Delaware County deceased; who being du:
=ly sworn, according to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date
the 11th day of June A.D.1889. purporting to be the last Will
[corresponds to page 348 of Delaware County Will Records Vol. 8 1887-1890]
348
L. Saner Felkner's Will
Waiver
I, the undersigned, grandson of the within named decedent, hereby waive
further notice, and consent to the probate of said Will.
Dated this 26th day of June. A.D.1889,
Stanley B. Anderson.
Notice to Heirs.
The State of Ohio In Probate Court.
Delaware County.ss
In the matter of the last Will and Testament
of L. Saner Felkner, deceased.
To Sophia Felkner. Ann H. Felkner and
H.W.Felkner.
You are hereby notified that on the 26th day of June. A.D.
1889. an instrument of writing purporting to be the last Will and
Testament of L. Saner Felkner, late of Scioto Township. in said
County. deceased, was produced in open Court, and an application
to admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this court
on the 2nd day of July. A.D.1889. at 2 o'clock P.M.
N.F. Overturf
Probate Judge
Dated at Delaware Ohio, this 26th day of June. A.D. 1889.
{Seal}
Return.
The State of Ohio }
Delaware County.ss } Stanley B. Anderson being duly sworn,
says that on the 27 day of June, A.D. 1889
he served the within notice by delivering a true copy thereof to
the within named Sophia Felkner. Ann J. Felkner. and H.
W. Felkner.
Stanley B. Anderson.
Subscribed in my presence and sworn to before me this 2nd day
of July 1889.
{Seal} N.F. Overturf. Probate Judge.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court Henry
B. Felkner and D. G. Cratty, the subscribing witnesses to
the last Will and Testament of L. Saner Felkner, late of Sci:
=oto Township in said Delaware County deceased; who being du:
=ly sworn, according to law, to speak the truth, the whole truth,
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date
the 11th day of June A.D.1889. purporting to be the last Will
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 415)
Description
[page 415]
[corresponds to page 349 of Delaware County Will Records Vol. 8 1887-1890]
349
L. Saner Felkner's Will
and Testament of L. Saner Felkner now deceased, is the Will of
said deceased, L. Saner Felkner. that they were present at the
execution of said Will, and at the request of the Testator, respective=
=ly subscribed their names to the same as witnesses, in his pres=
:ence; that they saw the said L. Saner Felkner deceased sign
and seal said Will and Testament, and that the said L. Saner Felkner at
the time of making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint
Henry B. Felkner
D.G. Cratty.
Sworn to and subscribed by said witnesses, in open Court, this
2nd day of July. A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
July 2 1889.
In the Matter of the Will of }
L. Saner Felkner, deceased. } Be it remembered, that heretofore,
to-wit: on the 26 day of June A
D. 1889. an instrument of writing, purporting to be the last Will
and Testament of L. Saner Felkner, late of Scioto Township, in
this County. deceased, was produced in open Court for probate,
and was then filed. And it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of
the application to admit the same to probate and record in this
Court, has been given to Sophia Felkner his widow, and Ann
H. Felkner and H.W. Felkner (Stanley B. Anderson having
waived Notice) heirs and next of kin of the Testator, resident of
the State of Ohio, pursuant to a former order of this Court; there:
=fore, on this day came Henry B. Felkner and D.G. Cratty. the
subscribing witnesses to said Will, who being duly sworn, tes:
:tified to the due execution and attestation of said Will. Which
testimony was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon in the Court finds that the
aforesaid instrument of writing is the last Will and Testament
of said L. Saner Felkner, deceased, That the same was duly
executed and attested; and that the said Testator, at the time
of making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint. It is
therefore, by the Court ordered, that the said Will be admitt:
=ed to probate, and that the same , together with the testimony
of the witnesses above named as well as the proceedings had
thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
[corresponds to page 349 of Delaware County Will Records Vol. 8 1887-1890]
349
L. Saner Felkner's Will
and Testament of L. Saner Felkner now deceased, is the Will of
said deceased, L. Saner Felkner. that they were present at the
execution of said Will, and at the request of the Testator, respective=
=ly subscribed their names to the same as witnesses, in his pres=
:ence; that they saw the said L. Saner Felkner deceased sign
and seal said Will and Testament, and that the said L. Saner Felkner at
the time of making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint
Henry B. Felkner
D.G. Cratty.
Sworn to and subscribed by said witnesses, in open Court, this
2nd day of July. A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
July 2 1889.
In the Matter of the Will of }
L. Saner Felkner, deceased. } Be it remembered, that heretofore,
to-wit: on the 26 day of June A
D. 1889. an instrument of writing, purporting to be the last Will
and Testament of L. Saner Felkner, late of Scioto Township, in
this County. deceased, was produced in open Court for probate,
and was then filed. And it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of
the application to admit the same to probate and record in this
Court, has been given to Sophia Felkner his widow, and Ann
H. Felkner and H.W. Felkner (Stanley B. Anderson having
waived Notice) heirs and next of kin of the Testator, resident of
the State of Ohio, pursuant to a former order of this Court; there:
=fore, on this day came Henry B. Felkner and D.G. Cratty. the
subscribing witnesses to said Will, who being duly sworn, tes:
:tified to the due execution and attestation of said Will. Which
testimony was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon in the Court finds that the
aforesaid instrument of writing is the last Will and Testament
of said L. Saner Felkner, deceased, That the same was duly
executed and attested; and that the said Testator, at the time
of making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint. It is
therefore, by the Court ordered, that the said Will be admitt:
=ed to probate, and that the same , together with the testimony
of the witnesses above named as well as the proceedings had
thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 416)
Description
[page 416]
[corresponds to page 350 of Delaware County Will Records Vol. 8 1887-1890]
350
L. Saner Felkner's Will
Copy of Will.
In the name of the Benevolent Father of All, I Lewis S. Felkner of
Scioto Township, Delaware County, Ohio, do make and publish this my
last Will and Testament.
Item 1 I give and devise to my beloved wife Sophia, in Lieu of her dower the
farm on which we now reside containing about Sixty Acres, Situated
in Scioto Township, Delaware County, O. during her natural Life or
so long as she remains my Widow, At the death or remarriage of
my wife Sophia I desire and bequeath that the said described Farm
go to and descend to my daughter Ann H. Felkner. And farther
it is my wish and desire that at the death of my daughter Ann
the said farm go to & belong to the children of my son H.W.
Felkner.
Item 2 I now give and bequeath to my son H.W.Felkner Five Dol=
=lars only, as he my son had already received from me a satisfac=
=tory sum or amount equal to his share - I also give to
my grand-son Stanly B. Anderson Five Dollars only as he
has already received his full share of my estate.
Item 3 I desire that my executor hereafter named sell the ballance
of my real estate not mentioned in Item one being about Six=
=ty Acres lying on and adjoining my homestead on the North
and I do hereby authorize and impower him to make a deed for
the same - The proceeds of said sale to be applied by him
in payment of all my just debts & expenses as soon thereafter
as convenient for him to do so. I do also desire & authorize a pub=
=lic or private sale of all my Farm Stock - consisting of Horses.
Cattle . Sheep - & Hogs. Farm implements &c., & proceeds applied
in same as sale of land all surplus remaining to be divided e=
=qually between my heirs.
Item 4 I do hereby nominate and appoint my grand son Stanly B.
Anderson Executor of this my last Will and Testament.
In testimony hereof I have hereunto set my hand
and seal this 11 day of June. A.D.1889.
L. Saner Felkner. { }
Signed and acknowledged by said Lewis S. Felkner as his last
Will & Testament in our presence & signed by us in his pres=
=ence.
Henry B. Felkner
D.G. Cratty. ~
[corresponds to page 350 of Delaware County Will Records Vol. 8 1887-1890]
350
L. Saner Felkner's Will
Copy of Will.
In the name of the Benevolent Father of All, I Lewis S. Felkner of
Scioto Township, Delaware County, Ohio, do make and publish this my
last Will and Testament.
Item 1 I give and devise to my beloved wife Sophia, in Lieu of her dower the
farm on which we now reside containing about Sixty Acres, Situated
in Scioto Township, Delaware County, O. during her natural Life or
so long as she remains my Widow, At the death or remarriage of
my wife Sophia I desire and bequeath that the said described Farm
go to and descend to my daughter Ann H. Felkner. And farther
it is my wish and desire that at the death of my daughter Ann
the said farm go to & belong to the children of my son H.W.
Felkner.
Item 2 I now give and bequeath to my son H.W.Felkner Five Dol=
=lars only, as he my son had already received from me a satisfac=
=tory sum or amount equal to his share - I also give to
my grand-son Stanly B. Anderson Five Dollars only as he
has already received his full share of my estate.
Item 3 I desire that my executor hereafter named sell the ballance
of my real estate not mentioned in Item one being about Six=
=ty Acres lying on and adjoining my homestead on the North
and I do hereby authorize and impower him to make a deed for
the same - The proceeds of said sale to be applied by him
in payment of all my just debts & expenses as soon thereafter
as convenient for him to do so. I do also desire & authorize a pub=
=lic or private sale of all my Farm Stock - consisting of Horses.
Cattle . Sheep - & Hogs. Farm implements &c., & proceeds applied
in same as sale of land all surplus remaining to be divided e=
=qually between my heirs.
Item 4 I do hereby nominate and appoint my grand son Stanly B.
Anderson Executor of this my last Will and Testament.
In testimony hereof I have hereunto set my hand
and seal this 11 day of June. A.D.1889.
L. Saner Felkner. { }
Signed and acknowledged by said Lewis S. Felkner as his last
Will & Testament in our presence & signed by us in his pres=
=ence.
Henry B. Felkner
D.G. Cratty. ~
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 417)
Description
[page 417]
~
[corresponds to page 351 of Delaware County Will Records Vol. 8 1887-1890]
351
Margaret McVay's Estate.
Journal Entry
June 21 1889.
In the Matter of the Will of
Margaret McVay. deceased This day, an instrument of writing, pur=
=porting to be the last Will and Testa=
=ment of Margaret McVay, late of Kingston Township, in this
County, deceased, was produced in open Court for Probate Court;
On Consideration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of the applica=
=tion to admit the same to probate and record, be given to James Mc
Vay her widower, and Lavila McVay - Mariah James - and Mary
L. Lott heirs and next of kin of the Testator, resident of the State
of Ohio, that said application will be for hearing, before this Court
on the 6 day of July. A.D.1889. at 10 o'clock A.M.., (Floyd McVay
having this day waived Notice and consented to the probate of said
Will)
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio In Probate Court
Delaware County.ss.
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Margaret McVay. Deceased,
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents that
Margaret McVay late a resident of the Township of Kingston in
said County, died on or about the 16th day of May. A.D.1889. leav=
=ing James McVay widower and the following named persons her
only next of kin resident of the State of Ohio.
Name Degree of Kinship. P.O. Address.
Floyd McVay Son Sunbury, O.
Lavila McVay Daughter " "
Sophronia McVay " Kansas
Mariah James " Bradner, O.
Mary L. Lott " Sunbury, O.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Floyd McVay.
The foregoing application was signed in my presence and sworn
to before me, this 21st day of June. A.D.1889.
N.F. Overturf
Probate Judge.
~
[corresponds to page 351 of Delaware County Will Records Vol. 8 1887-1890]
351
Margaret McVay's Estate.
Journal Entry
June 21 1889.
In the Matter of the Will of
Margaret McVay. deceased This day, an instrument of writing, pur=
=porting to be the last Will and Testa=
=ment of Margaret McVay, late of Kingston Township, in this
County, deceased, was produced in open Court for Probate Court;
On Consideration Whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of the applica=
=tion to admit the same to probate and record, be given to James Mc
Vay her widower, and Lavila McVay - Mariah James - and Mary
L. Lott heirs and next of kin of the Testator, resident of the State
of Ohio, that said application will be for hearing, before this Court
on the 6 day of July. A.D.1889. at 10 o'clock A.M.., (Floyd McVay
having this day waived Notice and consented to the probate of said
Will)
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio In Probate Court
Delaware County.ss.
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Margaret McVay. Deceased,
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents that
Margaret McVay late a resident of the Township of Kingston in
said County, died on or about the 16th day of May. A.D.1889. leav=
=ing James McVay widower and the following named persons her
only next of kin resident of the State of Ohio.
Name Degree of Kinship. P.O. Address.
Floyd McVay Son Sunbury, O.
Lavila McVay Daughter " "
Sophronia McVay " Kansas
Mariah James " Bradner, O.
Mary L. Lott " Sunbury, O.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Floyd McVay.
The foregoing application was signed in my presence and sworn
to before me, this 21st day of June. A.D.1889.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 418)
Description
[page 418]
[corresponds to page 352 of Delaware County Will Records Vol. 8 1887-1890]
352
Margaret McVay's Estate
Waiver
I, the undersigned next of kin of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 21 day of June. A.D. 1889
Floyd McVay.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Testament
of Margaret McVay, deceased.
To James McVay. Lavila McVay. Mariah
James and Mary L. Lott.
You are hereby notified that on the 21st day of
June. A.D. 1889. an instrument of writing, purporting to be the
last Will and Testament of Margaret McVay, late of Kingston
Township, in said County, deceased, was produced in open Court,
and an application to admit the same to probate was on the same
day made in said Court. Said application will be for hear:
=ing before this Court on the 6 day of July A.D. 1889. at
10 o'clock A.M;
N.F. Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 21st day of June. A.D.1889,
Return.
The State of Ohio }
Delaware County.ss. } Floyd McVay being duly sworn, says
that on the 29th day of June. A.D.
1889. he served the within notice by delivering a true copy thereof.
to the within named James McVay. Lavila McVay . Mariah
James and Mary L. Lott.
Floyd McVay.
Subscribed in my presence and sworn to before me this 6th day
of July. 1889.
N.F. Overturf
Probate Judge.
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court L. S.
Owen and I.A. Ports the subscribing witnesses to the last
Will and Testament of Margaret McVay late of Kingston Town:
=ship, in said Delaware County deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose
[corresponds to page 352 of Delaware County Will Records Vol. 8 1887-1890]
352
Margaret McVay's Estate
Waiver
I, the undersigned next of kin of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 21 day of June. A.D. 1889
Floyd McVay.
Notice to Heirs.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Testament
of Margaret McVay, deceased.
To James McVay. Lavila McVay. Mariah
James and Mary L. Lott.
You are hereby notified that on the 21st day of
June. A.D. 1889. an instrument of writing, purporting to be the
last Will and Testament of Margaret McVay, late of Kingston
Township, in said County, deceased, was produced in open Court,
and an application to admit the same to probate was on the same
day made in said Court. Said application will be for hear:
=ing before this Court on the 6 day of July A.D. 1889. at
10 o'clock A.M;
N.F. Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 21st day of June. A.D.1889,
Return.
The State of Ohio }
Delaware County.ss. } Floyd McVay being duly sworn, says
that on the 29th day of June. A.D.
1889. he served the within notice by delivering a true copy thereof.
to the within named James McVay. Lavila McVay . Mariah
James and Mary L. Lott.
Floyd McVay.
Subscribed in my presence and sworn to before me this 6th day
of July. 1889.
N.F. Overturf
Probate Judge.
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court L. S.
Owen and I.A. Ports the subscribing witnesses to the last
Will and Testament of Margaret McVay late of Kingston Town:
=ship, in said Delaware County deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 419)
Description
[page 419]
[corresponds to page 353 of Delaware County Will Records Vol. 8 1887-1890]
353
Margaret McVay's Will
and say: That the paper before them bearing date the 3rd day of
December A.D.1888, purporting to be the last Will and Testament
of Margaret McVay now deceased, is the Will of said deceased, Mar=
=garet McVay, that they were present at the execution of said Will,
and at the request of the Testatrix, respectively subscribed their names
to the same as witnesses, in her presence; that they saw the
said Margaret McVay deceased, sign and seal said Will, and heard
her acknowledge the same to be her last Will and Testament, and
that the said Margaret McVay at the time of making, signing
and sealing said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint.
L.S. Owen
I. A. Ports.
Sworn to and subscribed by said witnesses, in open Court, this
6 day of July. A.D. 1889.
N.F. Overturf.
{Seal} Probate Judge
Journal Entry.
July 6 1889.
In the Matter of the Will of
Margaret McVay deceased. } Be it remembered, that heretofore,
to-wit: on the 21st day of June. A.
D.1889. an instrument of writing, purporting to be the last Will
and Testament of Margaret McVay, late of Kingston Township
in this County deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of
the application to admit the same to probate and record in
this Court, has been given to James McVay her widower, and
Lavila McVay . Maria James and Mary L. Lott (Floyd McVay
having waived Notice) heirs and next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order of this
Court; therefore, on this day came L.S. Owen and I.A. Ports
the subscribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them respectively
subscribed, and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and Tes=
=tament of said Margaret McVay, deceased. That the same was
duly executed and attested; and that the said Testatrix, at the time
of making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
[corresponds to page 353 of Delaware County Will Records Vol. 8 1887-1890]
353
Margaret McVay's Will
and say: That the paper before them bearing date the 3rd day of
December A.D.1888, purporting to be the last Will and Testament
of Margaret McVay now deceased, is the Will of said deceased, Mar=
=garet McVay, that they were present at the execution of said Will,
and at the request of the Testatrix, respectively subscribed their names
to the same as witnesses, in her presence; that they saw the
said Margaret McVay deceased, sign and seal said Will, and heard
her acknowledge the same to be her last Will and Testament, and
that the said Margaret McVay at the time of making, signing
and sealing said Will, was of full age, of sound mind and mem=
=ory, and not under any restraint.
L.S. Owen
I. A. Ports.
Sworn to and subscribed by said witnesses, in open Court, this
6 day of July. A.D. 1889.
N.F. Overturf.
{Seal} Probate Judge
Journal Entry.
July 6 1889.
In the Matter of the Will of
Margaret McVay deceased. } Be it remembered, that heretofore,
to-wit: on the 21st day of June. A.
D.1889. an instrument of writing, purporting to be the last Will
and Testament of Margaret McVay, late of Kingston Township
in this County deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of
the application to admit the same to probate and record in
this Court, has been given to James McVay her widower, and
Lavila McVay . Maria James and Mary L. Lott (Floyd McVay
having waived Notice) heirs and next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order of this
Court; therefore, on this day came L.S. Owen and I.A. Ports
the subscribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them respectively
subscribed, and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and Tes=
=tament of said Margaret McVay, deceased. That the same was
duly executed and attested; and that the said Testatrix, at the time
of making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 420)
Description
[page 420]
[corresponds to page 354 of Delaware County Will Records Vol. 8 1887-1890]
354
Margaret McVay's Will
Copy of Will.
In the name of the benevolent Father of All, I, Margaret Mc
Vay do make and publish my last Will and Testament:
First: That all my honest debts shall be paid.
Second, I give and devise to my beloved Husband James McVay the
use of all the property both real and personal of which I may die
possessed for and during the term of his natural life, but that
he shall not dispose of the real estate but to use it as a
home.
3 That my son Floyd McVay, and my Daughter Lavila McVay
shall within two years after the Death of my said Husband pay
to my Daughter Sophronia McVay, and my Daughter Mariah
James, and my Daughter Mary L. Lott the sum of Two
Hundred Dollars each, and for so doing the said Floyd McVay,
and Lavila McVay shall have my entire Estate to be equaly
divided between them, now if my said Husband should depart
this life previous to my death then the above said two years for
the payment of said Money to said Heirs by Floyd and Lavila
shall date from my death. and I further will that the said
interest of Floyd McVay and Lavila McVay in my Estate shall
be conditioned on the payment to the said three Heirs above
mentioned, the said sums of Two Hundred Dollars each with=
=in the said two years, after the death of myself and husband-
In testimony whereof, I have hereunto set my hand and
seal 3rd day of December in the year 1888
Margaret McVay
Signed and acknowledged by
said Margaret McVay as
her last will and testament,
in our presence, and signed by
us in her presence.
Witnesses L.S. Owen.
I.A. Ports.
[corresponds to page 354 of Delaware County Will Records Vol. 8 1887-1890]
354
Margaret McVay's Will
Copy of Will.
In the name of the benevolent Father of All, I, Margaret Mc
Vay do make and publish my last Will and Testament:
First: That all my honest debts shall be paid.
Second, I give and devise to my beloved Husband James McVay the
use of all the property both real and personal of which I may die
possessed for and during the term of his natural life, but that
he shall not dispose of the real estate but to use it as a
home.
3 That my son Floyd McVay, and my Daughter Lavila McVay
shall within two years after the Death of my said Husband pay
to my Daughter Sophronia McVay, and my Daughter Mariah
James, and my Daughter Mary L. Lott the sum of Two
Hundred Dollars each, and for so doing the said Floyd McVay,
and Lavila McVay shall have my entire Estate to be equaly
divided between them, now if my said Husband should depart
this life previous to my death then the above said two years for
the payment of said Money to said Heirs by Floyd and Lavila
shall date from my death. and I further will that the said
interest of Floyd McVay and Lavila McVay in my Estate shall
be conditioned on the payment to the said three Heirs above
mentioned, the said sums of Two Hundred Dollars each with=
=in the said two years, after the death of myself and husband-
In testimony whereof, I have hereunto set my hand and
seal 3rd day of December in the year 1888
Margaret McVay
Signed and acknowledged by
said Margaret McVay as
her last will and testament,
in our presence, and signed by
us in her presence.
Witnesses L.S. Owen.
I.A. Ports.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 421)
Description
[page 421]
[corresponds to page 355 of Delaware County Will Records Vol. 8 1887-1890]
355
William Evans' Will
Journal Entry.
July. 6 1889.
In the Matter of the Will }
of William Evans, deceased } This day, an instrument of writing
purporting to be the last Will and
Testament of William Evans, late of Radnor Township, in this
County, deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will be filed
in this Court. And thereupon came Margaret Evans his widow,
and William F. Evans. Robert L. Evans. Mary A. Evans and
Nancy E. Evans heirs and next of kin of the Testator, resident of
the State of Ohio-and in writing waived further notice and consent:
=ed that said Will be offered for probate - and the hearing for the
proving of said Will is set for the 8th day of July A.D.1889. at
1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Will: } Application to Admit to Probate.
=liam Evans, Deceased }
To the Item N F Overturf Judge of
the Probate that in and for said County
Your petitioner respectfully represents
that William Evans late a resident of the Township of Radner
in said County, died on or about the 2nd day of July A.D.1889.
leaving an instrument in writing, hereto attached, purporting to be
his last Will and Testament. That the said William Evans
died leaving Margaret Evans widow and the following named
persons his only next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
William Foster Evans Son Radnor O
Nancy Elizabeth Evans Davy " "
Mary Ann Evans " " "
Robert Llewellyn Evans Son " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Evan Hughes.
The foregoing application was signed in my presence and sworn
to before me, this 6th day of July. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 355 of Delaware County Will Records Vol. 8 1887-1890]
355
William Evans' Will
Journal Entry.
July. 6 1889.
In the Matter of the Will }
of William Evans, deceased } This day, an instrument of writing
purporting to be the last Will and
Testament of William Evans, late of Radnor Township, in this
County, deceased, was produced in open Court for Probate; On
Consideration Whereof, it is ordered that the said Will be filed
in this Court. And thereupon came Margaret Evans his widow,
and William F. Evans. Robert L. Evans. Mary A. Evans and
Nancy E. Evans heirs and next of kin of the Testator, resident of
the State of Ohio-and in writing waived further notice and consent:
=ed that said Will be offered for probate - and the hearing for the
proving of said Will is set for the 8th day of July A.D.1889. at
1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Will: } Application to Admit to Probate.
=liam Evans, Deceased }
To the Item N F Overturf Judge of
the Probate that in and for said County
Your petitioner respectfully represents
that William Evans late a resident of the Township of Radner
in said County, died on or about the 2nd day of July A.D.1889.
leaving an instrument in writing, hereto attached, purporting to be
his last Will and Testament. That the said William Evans
died leaving Margaret Evans widow and the following named
persons his only next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
William Foster Evans Son Radnor O
Nancy Elizabeth Evans Davy " "
Mary Ann Evans " " "
Robert Llewellyn Evans Son " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Evan Hughes.
The foregoing application was signed in my presence and sworn
to before me, this 6th day of July. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 422)
Description
[page 422]
[corresponds to page 356 of Delaware County Will Records Vol. 8 1887-
1890]
356
William Evans' Will
Waiver.
We, the undersigned widow & next of kin of the within named decedent
hereby waive further notice, and consent that said Will be offered for
probate,
Dated this 6th day of July. A.D.1889.
Margaret Evans - Widow
Wm F. Evans - Son
Robert L. Evans - Son
Mary A. Evans - Daughter
Nancy E. Evans - Daughter.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court George
W. Jones and John S. Gill the subscribing witnesses to the last
Will and Testament of William Evans, late of Radnor Township
in said Delaware County, deceased; who being duly sworn accord:
ing to law, to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 3rd day of May A.
D,1887, purporting to be the last Will and Testament of Wil=
=liam Evans now deceased, is the Will of said deceased William
Evans, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed their names
to the same as witnesses, in his presence; that they saw the said
William Evans deceased sign and seal said Will, and heard
him acknowledge the same to be his last Will and Testament,
and that the said William Evans at the time of making, sign=
=ing and sealing said Will; was of full age, of sound mind and
memory, and not under any restraint
Geo. W. Jones
John S. Gill.
Sworn to and subscribed by said witnesses, in open Court this
8th day of July. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
July 8th 1889.
In the Matter of the Will of }
William Evans, deceased. } Be it remembered, that heretofore,
to-wit: on the 6th day of July. A.D.
1889. an instrument of writing purporting to be the last Will
and Will of William Evans, late of Radnor Township.
in this County deceased, was produced in open Court for pro=
=bate, and was then filed. And the Widow and heirs of said
Testator having waived Notice, thereupon came Geo W. Jones
[corresponds to page 356 of Delaware County Will Records Vol. 8 1887-
1890]
356
William Evans' Will
Waiver.
We, the undersigned widow & next of kin of the within named decedent
hereby waive further notice, and consent that said Will be offered for
probate,
Dated this 6th day of July. A.D.1889.
Margaret Evans - Widow
Wm F. Evans - Son
Robert L. Evans - Son
Mary A. Evans - Daughter
Nancy E. Evans - Daughter.
Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court George
W. Jones and John S. Gill the subscribing witnesses to the last
Will and Testament of William Evans, late of Radnor Township
in said Delaware County, deceased; who being duly sworn accord:
ing to law, to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 3rd day of May A.
D,1887, purporting to be the last Will and Testament of Wil=
=liam Evans now deceased, is the Will of said deceased William
Evans, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed their names
to the same as witnesses, in his presence; that they saw the said
William Evans deceased sign and seal said Will, and heard
him acknowledge the same to be his last Will and Testament,
and that the said William Evans at the time of making, sign=
=ing and sealing said Will; was of full age, of sound mind and
memory, and not under any restraint
Geo. W. Jones
John S. Gill.
Sworn to and subscribed by said witnesses, in open Court this
8th day of July. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
July 8th 1889.
In the Matter of the Will of }
William Evans, deceased. } Be it remembered, that heretofore,
to-wit: on the 6th day of July. A.D.
1889. an instrument of writing purporting to be the last Will
and Will of William Evans, late of Radnor Township.
in this County deceased, was produced in open Court for pro=
=bate, and was then filed. And the Widow and heirs of said
Testator having waived Notice, thereupon came Geo W. Jones
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 423)
Description
[page 423]
[corresponds to page 357 of Delaware County Will Records Vol. 8 1887-1890]
357
William Evans Will
and John S. Gill, the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing, by them
respectively subscribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said William Evans, deceased.
That the same was duly executed and attested; and that the
said Testator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is, therefore, by the Court ordered, that the
said Will be admitted to probate and that the same, together
with the testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All I William
Evans, do make and publish this my last Will and Testament.
Item 1st It is my desire that all my just debts be first pai.
Item 2nd It is my Will that my Executor erect a suitable monument
over my grave.
Item 3rd I give and devise to my beloved wife Margaret Evans the use
and occupation of the undivided one third part of my Homestead
Farm where I now reside in Radnor Township, Delaware Coun:
=ty. Ohio, consisting of about 102 1/4 Acres of land during her natur=
=al life. Also the sum of Three Hundred Dollars, and the
further sum of One Hundred Dollars for each of our children
who may be minors at my decease. In lieu of her years al=
=lowance for her and their support. And the sum of Four
Hundred Dollars in lieu of her dower interest in the residue of my
Real Estate. And all articles of household furniture brought to
the family at our marriage or purchased by her separate means.
Item 4th I give and devise to my son William Foster Evans, One Hun=
=dred Acres of Land consisting of two Lots of Fifty Acres each;
adjoining situate in Radnor Township Delaware County. Ohio -
and being the same premises conveyed to me by George Willey -
upon condition that he pay to my daughter Nancy Elizabeth
Evans the sum of Fifteen Hundred Dollars, as follows - Five
Hundred Dollars thereof in one year after my decease - Five
Hundred Dollars thereof - two years after my decease- and
Five Hundred Dollars thereof Three years after my decease.
with interest at six per cent upon each payment thereof after
the time specified, for the payment . The said sum to
be a lien upon said premises until paid in full.
Item 5 I give and devise to my daughter Mary Ann Evans about
One Hundred and Eleven and one half Acres of land in
[corresponds to page 357 of Delaware County Will Records Vol. 8 1887-1890]
357
William Evans Will
and John S. Gill, the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing, by them
respectively subscribed, and filed with said Will, whereupon the
Court finds that the aforesaid instrument of writing is the last
Will and Testament of said William Evans, deceased.
That the same was duly executed and attested; and that the
said Testator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is, therefore, by the Court ordered, that the
said Will be admitted to probate and that the same, together
with the testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court
N.F. Overturf
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of All I William
Evans, do make and publish this my last Will and Testament.
Item 1st It is my desire that all my just debts be first pai.
Item 2nd It is my Will that my Executor erect a suitable monument
over my grave.
Item 3rd I give and devise to my beloved wife Margaret Evans the use
and occupation of the undivided one third part of my Homestead
Farm where I now reside in Radnor Township, Delaware Coun:
=ty. Ohio, consisting of about 102 1/4 Acres of land during her natur=
=al life. Also the sum of Three Hundred Dollars, and the
further sum of One Hundred Dollars for each of our children
who may be minors at my decease. In lieu of her years al=
=lowance for her and their support. And the sum of Four
Hundred Dollars in lieu of her dower interest in the residue of my
Real Estate. And all articles of household furniture brought to
the family at our marriage or purchased by her separate means.
Item 4th I give and devise to my son William Foster Evans, One Hun=
=dred Acres of Land consisting of two Lots of Fifty Acres each;
adjoining situate in Radnor Township Delaware County. Ohio -
and being the same premises conveyed to me by George Willey -
upon condition that he pay to my daughter Nancy Elizabeth
Evans the sum of Fifteen Hundred Dollars, as follows - Five
Hundred Dollars thereof in one year after my decease - Five
Hundred Dollars thereof - two years after my decease- and
Five Hundred Dollars thereof Three years after my decease.
with interest at six per cent upon each payment thereof after
the time specified, for the payment . The said sum to
be a lien upon said premises until paid in full.
Item 5 I give and devise to my daughter Mary Ann Evans about
One Hundred and Eleven and one half Acres of land in
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 424)
Description
[page 424]
[corresponds to page 358 of Delaware County Will Records Vol. 8 1887-
1890]
358
William Evans Will
Radnor Township. Delaware County - Ohio and being the
same premises conveyed to me by James Thomas, and known as
the John Roberts farm - upon condition that she pay to my
daughter Nancy Elizabeth Evans the sum of Fifteen Hun=
=dred Dollars as follows ~ Five Hundred Dollars thereof in
one year after my deceased, Five Hundred Dollars thereof, two
years after my deceased and Five Hundred Dollars thereof three
years after my decease, with interest at six per cent upon each
payment thereof after the time specified for the payment there:
=of. The said sum to be a lien upon said premises until paid
in full.
Item 6 I give and devise to my son Robert Llewellen Evans, my
Homestead farm where I now reside ~ consisting of about 102 1/4
Acres in Radnor Township. Delaware County - Ohio, subject to
the life estate of my beloved wife Margaret Evans in the undivid=
=ed one third part thereof.
Item 7th I give and devise to my daughter Nancy Elizabeth Evans
about Thirty and seven eights Acres of land in Radnor Town=
=ship Delaware County _ Ohio, being that part of the William
Watkins farm. Conveyed to me by the heirs of said Wiliam Watkins
deceased, said tract of land lies south of my said Homestead farm. and
adjoining the lands of Evan J. Roberts.
Item 8th I do hereby nominate and appoint Evan Hughes my nephew
Executor of this my last Will and Testament, hereby authorizing
and empowering him to compromise adjust release and discharge,
in such manner as he may deem proper the debts and claims
due me.
I desire that my said Executor Appraise all my personal
Estate, including Household furniture - stock, farm implements
credits etc., And that he sell at public sale all my said per:
=sonal estate, on such terms as he may deem best. And to
collect all claims due me and reduce the same to money or
secured notes=as soon after my decease as the same can be
conveniently done.
Item 9 I give and bequeath to my son Robert Llewellen Evans
and my daughter Nancy Elizabeth Evans, - all the residue
of my personal estate ~ after paying the bequests mentioned in
this my last Will and Testament in Items 1, 2, and 3,
and costs of Administration, to be divided between them
equally share and share alike~.
Item 10 It is my desire that my beloved wife Margaret Evans
accept the part of my estate herein bequeathed to her in this my
last Will and Testament as her full share of my estate.
In Lieu of dower in the residue of my real estate except my
said Homestead Farm = her years allowance = and her part
in my personal estate ~ for the reason that the larger portion
of my said estate I had earned and accumulated prior to our
said marriage: And that my said wife has since our said
marriage inherited an estate of more than Four Thousand Dol=
[corresponds to page 358 of Delaware County Will Records Vol. 8 1887-
1890]
358
William Evans Will
Radnor Township. Delaware County - Ohio and being the
same premises conveyed to me by James Thomas, and known as
the John Roberts farm - upon condition that she pay to my
daughter Nancy Elizabeth Evans the sum of Fifteen Hun=
=dred Dollars as follows ~ Five Hundred Dollars thereof in
one year after my deceased, Five Hundred Dollars thereof, two
years after my deceased and Five Hundred Dollars thereof three
years after my decease, with interest at six per cent upon each
payment thereof after the time specified for the payment there:
=of. The said sum to be a lien upon said premises until paid
in full.
Item 6 I give and devise to my son Robert Llewellen Evans, my
Homestead farm where I now reside ~ consisting of about 102 1/4
Acres in Radnor Township. Delaware County - Ohio, subject to
the life estate of my beloved wife Margaret Evans in the undivid=
=ed one third part thereof.
Item 7th I give and devise to my daughter Nancy Elizabeth Evans
about Thirty and seven eights Acres of land in Radnor Town=
=ship Delaware County _ Ohio, being that part of the William
Watkins farm. Conveyed to me by the heirs of said Wiliam Watkins
deceased, said tract of land lies south of my said Homestead farm. and
adjoining the lands of Evan J. Roberts.
Item 8th I do hereby nominate and appoint Evan Hughes my nephew
Executor of this my last Will and Testament, hereby authorizing
and empowering him to compromise adjust release and discharge,
in such manner as he may deem proper the debts and claims
due me.
I desire that my said Executor Appraise all my personal
Estate, including Household furniture - stock, farm implements
credits etc., And that he sell at public sale all my said per:
=sonal estate, on such terms as he may deem best. And to
collect all claims due me and reduce the same to money or
secured notes=as soon after my decease as the same can be
conveniently done.
Item 9 I give and bequeath to my son Robert Llewellen Evans
and my daughter Nancy Elizabeth Evans, - all the residue
of my personal estate ~ after paying the bequests mentioned in
this my last Will and Testament in Items 1, 2, and 3,
and costs of Administration, to be divided between them
equally share and share alike~.
Item 10 It is my desire that my beloved wife Margaret Evans
accept the part of my estate herein bequeathed to her in this my
last Will and Testament as her full share of my estate.
In Lieu of dower in the residue of my real estate except my
said Homestead Farm = her years allowance = and her part
in my personal estate ~ for the reason that the larger portion
of my said estate I had earned and accumulated prior to our
said marriage: And that my said wife has since our said
marriage inherited an estate of more than Four Thousand Dol=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 425)
Description
[page 425]
[corresponds to page 359 of Delaware County Will Records Vol. 8 1887-
1890]
359
William Evans' Will
:lars, which she holds and has held in her own right, free from
incumbrance ~ and no part thereof has ever been received by me,
or is, any part of my said estate. And it is my desire for
the above reason, and that she is in such manner amply
provided - that she consent that our said children have the
immediate possession use and title to my said estate as herein
devised,
and bequeathed to them and that , for that purpose and to
secure the same she accept to take under this my last Will
and Testament
Item 11 I do hereby revoke all former Wills by me made.
In Testimony hereof,
I have hereunto set my hand and seal this 3rd day of May.
A.D. 1887.
William Evans. {Seal}
Signed and acknowledged by said William Evans, as his last
Will and Testament in our presence ; and signed by us in his
presence.
George W. Jones.
John S. Gill.
In the Matter of the Last Will and Testament of William
Evans, deceased.
Delaware Ohio December 18 1885.
Received of Mary Ann Price, formerly Mary Ann Evans
Fifteen Hundred Dollars and all interest due Sherron
in full of said charge on this bank of said Mary Ann Price
are made by this will of William Conrad in favor of
myself, as set forth in item NO. 5 of said will which
will dated May 3rd 1887 and Lilly Probate on
Probate Court of Delaware County Ohio and admitted to
record by said Court and Recorded six Vol. Nr. 8
of record of ... And I hereby release send, fully dis-
charge said Mary Ann Price on account of said
legacy, and hereby acknowledge full payment of this
same and said real estate is hereby direct used,
said charge in my favor
Attach Nancy Elizabeth Evans
N.A. Noll
B.L. Freshwater.
[corresponds to page 359 of Delaware County Will Records Vol. 8 1887-
1890]
359
William Evans' Will
:lars, which she holds and has held in her own right, free from
incumbrance ~ and no part thereof has ever been received by me,
or is, any part of my said estate. And it is my desire for
the above reason, and that she is in such manner amply
provided - that she consent that our said children have the
immediate possession use and title to my said estate as herein
devised,
and bequeathed to them and that , for that purpose and to
secure the same she accept to take under this my last Will
and Testament
Item 11 I do hereby revoke all former Wills by me made.
In Testimony hereof,
I have hereunto set my hand and seal this 3rd day of May.
A.D. 1887.
William Evans. {Seal}
Signed and acknowledged by said William Evans, as his last
Will and Testament in our presence ; and signed by us in his
presence.
George W. Jones.
John S. Gill.
In the Matter of the Last Will and Testament of William
Evans, deceased.
Delaware Ohio December 18 1885.
Received of Mary Ann Price, formerly Mary Ann Evans
Fifteen Hundred Dollars and all interest due Sherron
in full of said charge on this bank of said Mary Ann Price
are made by this will of William Conrad in favor of
myself, as set forth in item NO. 5 of said will which
will dated May 3rd 1887 and Lilly Probate on
Probate Court of Delaware County Ohio and admitted to
record by said Court and Recorded six Vol. Nr. 8
of record of ... And I hereby release send, fully dis-
charge said Mary Ann Price on account of said
legacy, and hereby acknowledge full payment of this
same and said real estate is hereby direct used,
said charge in my favor
Attach Nancy Elizabeth Evans
N.A. Noll
B.L. Freshwater.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 426)
Description
[page 426]
[corresponds to page 360 of Delaware County Will Records Vol. 8 1887-1890]
360
Amanda Dutton's Will.
Journal Entry.
July 17 1889.
In the Matter of the Will of }
Amanda Dutton,deceased. } This day, an instrument of writing,
purporting to be the last Will and Tes=
=tament of Amanda Dutton, late of Brown Township, in this
County. deceased, was produced in open Court for Probate, On
consideration whereof, it is ordered that the said Will be filed in this
Court. And thereupon came Almeda Johnson Newhouse, only
heir and next of kin of said Testatrix, resident of the State of
Ohio, and in writing, waived further Notice and consented to the
probate of said Will. And the hearing for the proving of said Will
is set for the 18th day of July A.D. 1889 at 1 o'clock P.M.
N.F. Overturf.
Probate Judge
Application for Probate of Will.
In State of Ohio } In Probate Court.
Delaware County ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Amanda Dutton, deceased. }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Amanda Dutton late a resident of the Township of Brown.
in said County, died on or about the 15th day of July. A.D.
1889. leaving an instrument in writing, hereto attached, purport:
=ing to be her last Will and Testament: That the said Amanda
Dutton died leaving no widower and the following named person
her only next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address
Almeda Johnson Newhouse. Sister Warrensburg. Ohio
Your petitioner prays that a time may be fixed for the proving of
said Will.
Almeda Johnson Newhouse.
The foregoing application was signed in my presence and sworn
to before me, this 17th day of July. A.D. 1889.
N.F. Overturf.
{Seal} Probate Judge
[corresponds to page 360 of Delaware County Will Records Vol. 8 1887-1890]
360
Amanda Dutton's Will.
Journal Entry.
July 17 1889.
In the Matter of the Will of }
Amanda Dutton,deceased. } This day, an instrument of writing,
purporting to be the last Will and Tes=
=tament of Amanda Dutton, late of Brown Township, in this
County. deceased, was produced in open Court for Probate, On
consideration whereof, it is ordered that the said Will be filed in this
Court. And thereupon came Almeda Johnson Newhouse, only
heir and next of kin of said Testatrix, resident of the State of
Ohio, and in writing, waived further Notice and consented to the
probate of said Will. And the hearing for the proving of said Will
is set for the 18th day of July A.D. 1889 at 1 o'clock P.M.
N.F. Overturf.
Probate Judge
Application for Probate of Will.
In State of Ohio } In Probate Court.
Delaware County ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Amanda Dutton, deceased. }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Amanda Dutton late a resident of the Township of Brown.
in said County, died on or about the 15th day of July. A.D.
1889. leaving an instrument in writing, hereto attached, purport:
=ing to be her last Will and Testament: That the said Amanda
Dutton died leaving no widower and the following named person
her only next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address
Almeda Johnson Newhouse. Sister Warrensburg. Ohio
Your petitioner prays that a time may be fixed for the proving of
said Will.
Almeda Johnson Newhouse.
The foregoing application was signed in my presence and sworn
to before me, this 17th day of July. A.D. 1889.
N.F. Overturf.
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 427)
Description
[page 427]
[corresponds to page 361 of Delaware County Will Records Vol. 8 1887-1890]
361
Amanda Dutton's Will
Waiver
I, the undersigned only next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 17 day of July. A.D. 1889.
Almeda Johnson Newhouse.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court Hugh
B. McKay and H.B. Knapp the subscribing witnesses to the last
Will and Testament of Amanda Dutton, late of Brown Township_
in said Delaware County. deceased; who being duly sworn accord=
:ing to law, to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 2nd day of March. A.
D. 1886, purporting to be the last Will and Testament of Amanda
Dutton now deceased, is the Will of said deceased Amanda Dut=
=ton, that they were present at the execution of said Will, and at
the request of the Testatrix, respectively subscribed their names
to the same as witnesses, in his presence; that they saw the said
Amanda Dutton deceased sign and seal said Will, and heard
her acknowledge the same to be her last Will and Testament, and
that the said Amanda Dutton, at the time of making, signing
and sealing said Will, was of full age, of sound mind and memory,
and not under any restraint.
Hugh B. McKay.
H.B. Knapp.
Sworn to and subscribed by said witnesses, in open Court. this
18 day of July. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
July 18 1889.
In the Matter of the Will of
Amanda Dutton_ deceased. Be it remembered, that, heretofore,
to-wit:
on the 17th day of July A.D.1889. an
instrument of writing, purporting to be the last Will and Testa:
=ment of Amanda Dutton, late a resident of Brown Township, in this
County, deceased, was produced in open Court for probate and
was then filed. And Almeda Johnson Newhouse, only next
of kin of the Testatrix, resident of the State of Ohio, having
waived Notice, thereupon came Hugh B. McKay and H.B.
Knapp the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them respectively
[corresponds to page 361 of Delaware County Will Records Vol. 8 1887-1890]
361
Amanda Dutton's Will
Waiver
I, the undersigned only next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 17 day of July. A.D. 1889.
Almeda Johnson Newhouse.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court Hugh
B. McKay and H.B. Knapp the subscribing witnesses to the last
Will and Testament of Amanda Dutton, late of Brown Township_
in said Delaware County. deceased; who being duly sworn accord=
:ing to law, to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 2nd day of March. A.
D. 1886, purporting to be the last Will and Testament of Amanda
Dutton now deceased, is the Will of said deceased Amanda Dut=
=ton, that they were present at the execution of said Will, and at
the request of the Testatrix, respectively subscribed their names
to the same as witnesses, in his presence; that they saw the said
Amanda Dutton deceased sign and seal said Will, and heard
her acknowledge the same to be her last Will and Testament, and
that the said Amanda Dutton, at the time of making, signing
and sealing said Will, was of full age, of sound mind and memory,
and not under any restraint.
Hugh B. McKay.
H.B. Knapp.
Sworn to and subscribed by said witnesses, in open Court. this
18 day of July. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
July 18 1889.
In the Matter of the Will of
Amanda Dutton_ deceased. Be it remembered, that, heretofore,
to-wit:
on the 17th day of July A.D.1889. an
instrument of writing, purporting to be the last Will and Testa:
=ment of Amanda Dutton, late a resident of Brown Township, in this
County, deceased, was produced in open Court for probate and
was then filed. And Almeda Johnson Newhouse, only next
of kin of the Testatrix, resident of the State of Ohio, having
waived Notice, thereupon came Hugh B. McKay and H.B.
Knapp the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them respectively
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 428)
Description
[page 428]
[corresponds to page 362 of Delaware County Will Records Vol. 8 1887-1890]
362
Amanda Dutton's Will.
subscribed, and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and Testa:
=ment of said Amanda Dutton,deceased. That the same was du=
=ly executed, and attested; and that the said Testatrix, at the time
of making, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted to probate -
and that the same, together with the testimony of the witnesses a=
:bove named, as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
Eden. March. 2nd 1886.
I, Amanda Dutton, make this my last Will and Testament,
I give devise and bequeath all my estate and property real and
personal as follows: My residence in the Village of Eden Brown
Township. Delaware Count, State of Ohio, known as lots No.
(2) and (32) with all the appurtenances attached thereunto .
Also my Household effects such as Bedding. Bedsteads.
Chairs, Stoves, Carpets, Earthenware, Pictures, Books, in fact
every thing pertaining to my home, Also all my interest in
Bank deposits, Notes, Bonds, or Mortgages or any other prop:
:erty in which I may have any interest at the time of death
to Almeda Johnson.
I appoint Almeda Johnson Executor of this
my Will [If in the Providence of God Almeda Johnson
should die before I do] I hereby substitute the name of Bar=
=bara Ellen Sheets as the person to execute this Will to whom
all the benefits in this Will accruing to Almeda Johnson
shall go.
In witness whereof I have signed and sealed and
published and declared this instrument as my last Will and
Testament.
{Seal} Amanda Dutton.
The said Amanda Dutton at the Village of Eden on the
Second day of March A.D. 1886. signed and sealed and de:
:clared the same as her last Will and we at her request in
her presence and in the presence of each other have hereunto
written our names as subscribing witnesses.
Hugh B. McKay {Seal}
H.B. Knapp. {Seal}
[corresponds to page 362 of Delaware County Will Records Vol. 8 1887-1890]
362
Amanda Dutton's Will.
subscribed, and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and Testa:
=ment of said Amanda Dutton,deceased. That the same was du=
=ly executed, and attested; and that the said Testatrix, at the time
of making, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, therefore,
by the Court ordered, that the said Will be admitted to probate -
and that the same, together with the testimony of the witnesses a=
:bove named, as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
Eden. March. 2nd 1886.
I, Amanda Dutton, make this my last Will and Testament,
I give devise and bequeath all my estate and property real and
personal as follows: My residence in the Village of Eden Brown
Township. Delaware Count, State of Ohio, known as lots No.
(2) and (32) with all the appurtenances attached thereunto .
Also my Household effects such as Bedding. Bedsteads.
Chairs, Stoves, Carpets, Earthenware, Pictures, Books, in fact
every thing pertaining to my home, Also all my interest in
Bank deposits, Notes, Bonds, or Mortgages or any other prop:
:erty in which I may have any interest at the time of death
to Almeda Johnson.
I appoint Almeda Johnson Executor of this
my Will [If in the Providence of God Almeda Johnson
should die before I do] I hereby substitute the name of Bar=
=bara Ellen Sheets as the person to execute this Will to whom
all the benefits in this Will accruing to Almeda Johnson
shall go.
In witness whereof I have signed and sealed and
published and declared this instrument as my last Will and
Testament.
{Seal} Amanda Dutton.
The said Amanda Dutton at the Village of Eden on the
Second day of March A.D. 1886. signed and sealed and de:
:clared the same as her last Will and we at her request in
her presence and in the presence of each other have hereunto
written our names as subscribing witnesses.
Hugh B. McKay {Seal}
H.B. Knapp. {Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 429)
Description
[page 429]
[corresponds to page 363 of Delaware County Will Records Vol. 8 1887-1890]
363
Bridget Burgess' Will.
Journal Entry.
July 19 1889.
In the Matter of the Will }
of Bridget Burgess, decd } An authenticated Copy of the last
Will and Testament of Bridget
Burgess, late of Marion County. Ohio, was this day presented
to this Court for record; whereupon the Court being satisfied
on examination that said Will was duly executed and proved
according to the laws of the State of Ohio, and part of the property
by said Will devised being situated in this County, said
Copy is hereby admitted to record in this Court, according to
law.
N.F. Overturf
Probate Judge.
Copy of Will and Proceedings
I, Bridget Burgess, of the Village of Marion Ohio, being of sound
mind and memory, declare this to be my last Will and Testament:
Item First It is my wish that all my just debts be paid.
Item Second I give and devise to my beloved husband Michael
Burgess,
during his natural life, In Lot number 502. on East Central
Avenue, in the City of Delaware, Ohio, and after his death, I
desire said lot 502 aforesaid sold and the proceeds divided among
my children, Bessie Burgess. Alice Burgess. William
Burgess and Grace Burgess share and share alike.
Item Third: I also give and devise to my beloved husband Michael
Burgess
and his heirs all my real estate situated in Berlin Township,
Delaware County. Ohio, and being the undivided half of about
Ninety Eight Acres of land in Section three Township four,
Rang. eighteen, United State. Military Survey, and being a
part of Lots Number Nine, twenty four and twenty five in
said survey.
Item Fourth: I desire that my husband Michael Burgess, be executor
of
this my will, without bond, and I hereby authorize and empower
him to settle and adjust all claims for and against my estate
as he sees fit:
Item Fifth: I hereby revoke all former wills by me made.
In Witness Whereof I.
Bridget Burgess hereunto set my hand and seal, this 27th day of
March. 1889. and declare this to be my last will and testament.
Mrs. Bridget Burgess.
Signed, sealed and declared by the said Bridget Burgess, as
and for her last will and testament in the presence of us who
at her request, and in her presence and in the presence of each
other, have hereunto subscribed our names as witnesses.
D.R. Crissinger. Marion Ohio
L.D. Hamilton. Marion Ohio
[corresponds to page 363 of Delaware County Will Records Vol. 8 1887-1890]
363
Bridget Burgess' Will.
Journal Entry.
July 19 1889.
In the Matter of the Will }
of Bridget Burgess, decd } An authenticated Copy of the last
Will and Testament of Bridget
Burgess, late of Marion County. Ohio, was this day presented
to this Court for record; whereupon the Court being satisfied
on examination that said Will was duly executed and proved
according to the laws of the State of Ohio, and part of the property
by said Will devised being situated in this County, said
Copy is hereby admitted to record in this Court, according to
law.
N.F. Overturf
Probate Judge.
Copy of Will and Proceedings
I, Bridget Burgess, of the Village of Marion Ohio, being of sound
mind and memory, declare this to be my last Will and Testament:
Item First It is my wish that all my just debts be paid.
Item Second I give and devise to my beloved husband Michael
Burgess,
during his natural life, In Lot number 502. on East Central
Avenue, in the City of Delaware, Ohio, and after his death, I
desire said lot 502 aforesaid sold and the proceeds divided among
my children, Bessie Burgess. Alice Burgess. William
Burgess and Grace Burgess share and share alike.
Item Third: I also give and devise to my beloved husband Michael
Burgess
and his heirs all my real estate situated in Berlin Township,
Delaware County. Ohio, and being the undivided half of about
Ninety Eight Acres of land in Section three Township four,
Rang. eighteen, United State. Military Survey, and being a
part of Lots Number Nine, twenty four and twenty five in
said survey.
Item Fourth: I desire that my husband Michael Burgess, be executor
of
this my will, without bond, and I hereby authorize and empower
him to settle and adjust all claims for and against my estate
as he sees fit:
Item Fifth: I hereby revoke all former wills by me made.
In Witness Whereof I.
Bridget Burgess hereunto set my hand and seal, this 27th day of
March. 1889. and declare this to be my last will and testament.
Mrs. Bridget Burgess.
Signed, sealed and declared by the said Bridget Burgess, as
and for her last will and testament in the presence of us who
at her request, and in her presence and in the presence of each
other, have hereunto subscribed our names as witnesses.
D.R. Crissinger. Marion Ohio
L.D. Hamilton. Marion Ohio
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 430)
Description
[page 430]
[corresponds to page 364 of Delaware County Will Records Vol. 8 1887-1890]
364
Bridget Burgess' Will
Journal
Volume 7
Page 186,
In the Matter of the } In Probate Court, Marion County. Ohio.
Last Will and Testament } Will Presented. Proven and Admitted to
of Bridget Burgess,deceased. } Probate and Record. April.11 A D.1889
The Last Will and Testament of Bridget Bur:
=gess deceased, late of this Count was this day presented to the
Court for Probate and Record, and it appearing to the Court that
the husband of said decedent and all the next of kin have been
duly notified of the presentation of said Will for probate, and are
now present in open Court.
Thereupon D.R. Crissinger and L.D. Hamilton subscribing
witnesses to said Will appeared in open Court, and were duly sworn
and examined according to law, and their testimony thereon was re=
=duced to writing and filed. And it appearing to the Court from the
testimony so taken that the said Will was duly executed and at:
=tested, and that at the time of executing the same the testatrix was
of full age and of sound mind and memory, and not under any re:
=straint. The Court now admit the said Will to Probate, and
order the same together with the testimony so taken, to be record:
=ed according to the Statute in such cases made and provided.
J.H. Criswell
Probate Judge.
Certificate of Will.
The State of Ohio }
Marion County ss. } I, J.H. Criswell. Sole Judge and Ex=
Offic Clerk of the Probate Court within
and for the County of Marion do hereby certify that the foregoing
is a true copy of the last Will and Testament of Bridget Bur=
=gess, deceased, late of said Marion County. Ohio, together with
the entry of probate thereof, as the same remains on file and pro=
=bate (and record) in said Court (and in my custody.
In Witness Whereof,
I have hereunto set my hand and affixed the seal of said Pro=
=bate Court at Marion Ohio, this 19th day of July A.D.1889.
{Seal} J.H. Criswell
Judge and Ex-Officio Clerk.
Will Probated April 17 A.D.1889.
Will Recorded. Vol. 6. Page. 321.
[corresponds to page 364 of Delaware County Will Records Vol. 8 1887-1890]
364
Bridget Burgess' Will
Journal
Volume 7
Page 186,
In the Matter of the } In Probate Court, Marion County. Ohio.
Last Will and Testament } Will Presented. Proven and Admitted to
of Bridget Burgess,deceased. } Probate and Record. April.11 A D.1889
The Last Will and Testament of Bridget Bur:
=gess deceased, late of this Count was this day presented to the
Court for Probate and Record, and it appearing to the Court that
the husband of said decedent and all the next of kin have been
duly notified of the presentation of said Will for probate, and are
now present in open Court.
Thereupon D.R. Crissinger and L.D. Hamilton subscribing
witnesses to said Will appeared in open Court, and were duly sworn
and examined according to law, and their testimony thereon was re=
=duced to writing and filed. And it appearing to the Court from the
testimony so taken that the said Will was duly executed and at:
=tested, and that at the time of executing the same the testatrix was
of full age and of sound mind and memory, and not under any re:
=straint. The Court now admit the said Will to Probate, and
order the same together with the testimony so taken, to be record:
=ed according to the Statute in such cases made and provided.
J.H. Criswell
Probate Judge.
Certificate of Will.
The State of Ohio }
Marion County ss. } I, J.H. Criswell. Sole Judge and Ex=
Offic Clerk of the Probate Court within
and for the County of Marion do hereby certify that the foregoing
is a true copy of the last Will and Testament of Bridget Bur=
=gess, deceased, late of said Marion County. Ohio, together with
the entry of probate thereof, as the same remains on file and pro=
=bate (and record) in said Court (and in my custody.
In Witness Whereof,
I have hereunto set my hand and affixed the seal of said Pro=
=bate Court at Marion Ohio, this 19th day of July A.D.1889.
{Seal} J.H. Criswell
Judge and Ex-Officio Clerk.
Will Probated April 17 A.D.1889.
Will Recorded. Vol. 6. Page. 321.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 431)
Description
[page 431]
[corresponds to page 365 of Delaware County Will Records Vol. 8 1887-1890]
365
Mariah Gillies Will
Journal Entry.
July.12th 1889.
In the Matter of the Nun: }
:cupative Will of Mariah }
Gillies, deceased. } This day, an instrument of writing,
purporting to be a Nuncupative Will of
Mariah Gillies, deceased, late of Liberty Township, in this County-
was produced in open Court for Probate; On Consideration Where=
=of, it is ordered that the said Will be filed in this Court, and
that due notice thereof, and of the application to admit the same to
probate and record, be given to James W. Gillies, heir and next of
kin of the Testator, resident of the State of Ohio, that said appli:
=cation will be for hearing before this Court on the 19th day of
July A.D. 1889 at 10 o'clock. A.M.
N.F. Overturf
Probate Judge
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Mariah Gillies, deceased. }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Mariah Gillies, late a resident of the Township of Liberty in
said County, died on or about the 2nd day of July A.D.1889. leaving
a Statement of her Will which has been reduced to writing hereto at:
:tached, purporting to be her last Will and Testament: That the
said Mariah Gillies died leaving no person - widower and the fol:
=lowing named person her only next of kin resident of the State
of Ohio:
Name. Degree of Kinship P.O. Address.
James W. Gillies. Son. Youngstown Ohio.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
John Cellar.
The foregoing application was signed in my presence and sworn
to before me, this 12th day of July A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
[corresponds to page 365 of Delaware County Will Records Vol. 8 1887-1890]
365
Mariah Gillies Will
Journal Entry.
July.12th 1889.
In the Matter of the Nun: }
:cupative Will of Mariah }
Gillies, deceased. } This day, an instrument of writing,
purporting to be a Nuncupative Will of
Mariah Gillies, deceased, late of Liberty Township, in this County-
was produced in open Court for Probate; On Consideration Where=
=of, it is ordered that the said Will be filed in this Court, and
that due notice thereof, and of the application to admit the same to
probate and record, be given to James W. Gillies, heir and next of
kin of the Testator, resident of the State of Ohio, that said appli:
=cation will be for hearing before this Court on the 19th day of
July A.D. 1889 at 10 o'clock. A.M.
N.F. Overturf
Probate Judge
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Mariah Gillies, deceased. }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Mariah Gillies, late a resident of the Township of Liberty in
said County, died on or about the 2nd day of July A.D.1889. leaving
a Statement of her Will which has been reduced to writing hereto at:
:tached, purporting to be her last Will and Testament: That the
said Mariah Gillies died leaving no person - widower and the fol:
=lowing named person her only next of kin resident of the State
of Ohio:
Name. Degree of Kinship P.O. Address.
James W. Gillies. Son. Youngstown Ohio.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
John Cellar.
The foregoing application was signed in my presence and sworn
to before me, this 12th day of July A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 432)
Description
[page 432]
[corresponds to page 366 of Delaware County Will Records Vol. 8 1887-1890]
366
Mariah Gillies Will
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and Testament
of Mariah Gillies, deceased.
To James W. Gillies.
You are hereby notified that on
the 12th day of July A.D.1889. an instrument of writing, pur=
=porting to be the last Will and Testament of Mariah Gillies
late of Liberty Township, in said County, deceased, was produced
in open Court, and an application to admit the same to probate
was on the same day made in said Court, Said application will
be for hearing before this Court on the 19th day of July.A.D.1889,
at 10 o'clock A.M.,
N.F. Overturf.
Probate Judge.
Dated at Delaware Ohio, this 12 day of July.A.D.1889.
{Seal}
I the undersigned person within named hereby acknowledge service of
the within notice this 15th day of July A.D.1889,
James W. Gillies .
Copy of Will
In the Matter of the Nuncupative }
Will of Mariah Gillies,deceased. } On the 4 day of July.A.D.1889.
Mariah Gillies , being in her last
sickness, at the residence of John Cellar in Liberty Township.
Delaware County where said Mariah Gillies then was and died.
In the presence of the subscribers did declare her last Will concern=
=ing the disposition of her property as follows.
I desire all my personal debts and expenses paid.
I desire that sufficient money of my estate be paid E. G. Taggart
and Mrs. Dr. James Hughs so they shall neither have loss by
reason on money they have had to pay or will have to pay be reason
of being sureties on the bond of my son James W. Gillies.
I desire that M. Westgate of Cleveland Ohio, be paid out of my estate
eighty one Dollars more, in payment of a just debt, owed to him by
my said son James W. Gillies.
I desire that sufficient money of my estate be used to place a plain
stone at the grave of sister Sarah Gillies of about the value & kind
as the graves of our other relatives.
I desire that Mr. John Cellar act in settling my estate and carry=
=ing out these my requests and I appoint him my Executor.
Reduced to writing and signed by us this 12th day of July. A.D.
1889.
Cornelia J. Cellar.
Elizabeth D. Cellar.
[corresponds to page 366 of Delaware County Will Records Vol. 8 1887-1890]
366
Mariah Gillies Will
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and Testament
of Mariah Gillies, deceased.
To James W. Gillies.
You are hereby notified that on
the 12th day of July A.D.1889. an instrument of writing, pur=
=porting to be the last Will and Testament of Mariah Gillies
late of Liberty Township, in said County, deceased, was produced
in open Court, and an application to admit the same to probate
was on the same day made in said Court, Said application will
be for hearing before this Court on the 19th day of July.A.D.1889,
at 10 o'clock A.M.,
N.F. Overturf.
Probate Judge.
Dated at Delaware Ohio, this 12 day of July.A.D.1889.
{Seal}
I the undersigned person within named hereby acknowledge service of
the within notice this 15th day of July A.D.1889,
James W. Gillies .
Copy of Will
In the Matter of the Nuncupative }
Will of Mariah Gillies,deceased. } On the 4 day of July.A.D.1889.
Mariah Gillies , being in her last
sickness, at the residence of John Cellar in Liberty Township.
Delaware County where said Mariah Gillies then was and died.
In the presence of the subscribers did declare her last Will concern=
=ing the disposition of her property as follows.
I desire all my personal debts and expenses paid.
I desire that sufficient money of my estate be paid E. G. Taggart
and Mrs. Dr. James Hughs so they shall neither have loss by
reason on money they have had to pay or will have to pay be reason
of being sureties on the bond of my son James W. Gillies.
I desire that M. Westgate of Cleveland Ohio, be paid out of my estate
eighty one Dollars more, in payment of a just debt, owed to him by
my said son James W. Gillies.
I desire that sufficient money of my estate be used to place a plain
stone at the grave of sister Sarah Gillies of about the value & kind
as the graves of our other relatives.
I desire that Mr. John Cellar act in settling my estate and carry=
=ing out these my requests and I appoint him my Executor.
Reduced to writing and signed by us this 12th day of July. A.D.
1889.
Cornelia J. Cellar.
Elizabeth D. Cellar.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 433)
Description
[page 433]
[corresponds to page 367 of Delaware County Will Records Vol. 8 1887-1890]
367
Mariah Gillies Will
Testimony of Witnesses
The State of Ohio } Before me N.F. Overturf- Judge of the
Delaware County.ss. } Probate Court of Delaware County - per=
=sonally appeared Cornelius J. Cellar and
Elizabeth D. Cellar, who being duly sworn say that they were pres=
=ent on the 3rd and the 4th days of July A.D.1889, at the residence of
John Cellar in Liberty Township Delaware County. Ohio-the place
where Mariah Gillies then was, and who, the said Mariah
Gillies, state what is specified in the foregoing writing: That she the
said Mariah Gillies was at that time she made statements
of sound mind and memory and not under any restraint, and that she at
the time of the testamentary words were spoken called upon them to
bear testimony to said disposition as her will and request.
Cornelius J. Cellar
Elizabeth D. Cellar.
Sworn to before me and subscribed in my presence by the above
named this 19th day of July A.D. 1889,
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
July 19th 1889.
In the Matter of the Nuncupative }
Will of Mariah Gillies, deceased, } Be it remembered, that heretofore, to-wit:
on the 12th day of July A.D.1889. an in=
=strument of writing, purporting to be the Nuncupative Will of Mariah
Gillies, late of Liberty Township, in this County, deceased, was produced
in open Court. for probate, and was then filed. And, it now being shown to
the satisfaction of the Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and record in this Court,
has been given to James W. Gillies, only heir and next of kin of the Tes=
=tatrix, resident of the State of Ohio, pursuant to a former order of this
Court; therefore, on this day came Cornelia J. Cellar and Elizabeth D. Cellar
the subscribing witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the Nuncupative Will
of said Mariah Gillies,deceased, and that said Will was reduced to writing
within ten days from the death of said Testatrix. That the same was duly
executed and attested, and that the said Testatrix at the time of making said
Will, was in her last sickness, and of full age, of sound mind and memory and
not under any restraint. It is, therefore, by the Court ordered, that the
said Will be admitted to probate and that the same, together with the tes:
:timony of the witnesses above named as well as the proceedings had
thereon, be entered of record in this Court.
N.F. Overturf. Probate
[corresponds to page 367 of Delaware County Will Records Vol. 8 1887-1890]
367
Mariah Gillies Will
Testimony of Witnesses
The State of Ohio } Before me N.F. Overturf- Judge of the
Delaware County.ss. } Probate Court of Delaware County - per=
=sonally appeared Cornelius J. Cellar and
Elizabeth D. Cellar, who being duly sworn say that they were pres=
=ent on the 3rd and the 4th days of July A.D.1889, at the residence of
John Cellar in Liberty Township Delaware County. Ohio-the place
where Mariah Gillies then was, and who, the said Mariah
Gillies, state what is specified in the foregoing writing: That she the
said Mariah Gillies was at that time she made statements
of sound mind and memory and not under any restraint, and that she at
the time of the testamentary words were spoken called upon them to
bear testimony to said disposition as her will and request.
Cornelius J. Cellar
Elizabeth D. Cellar.
Sworn to before me and subscribed in my presence by the above
named this 19th day of July A.D. 1889,
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
July 19th 1889.
In the Matter of the Nuncupative }
Will of Mariah Gillies, deceased, } Be it remembered, that heretofore, to-wit:
on the 12th day of July A.D.1889. an in=
=strument of writing, purporting to be the Nuncupative Will of Mariah
Gillies, late of Liberty Township, in this County, deceased, was produced
in open Court. for probate, and was then filed. And, it now being shown to
the satisfaction of the Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and record in this Court,
has been given to James W. Gillies, only heir and next of kin of the Tes=
=tatrix, resident of the State of Ohio, pursuant to a former order of this
Court; therefore, on this day came Cornelia J. Cellar and Elizabeth D. Cellar
the subscribing witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will which testimony was reduced to writing, by
them respectively subscribed, and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the Nuncupative Will
of said Mariah Gillies,deceased, and that said Will was reduced to writing
within ten days from the death of said Testatrix. That the same was duly
executed and attested, and that the said Testatrix at the time of making said
Will, was in her last sickness, and of full age, of sound mind and memory and
not under any restraint. It is, therefore, by the Court ordered, that the
said Will be admitted to probate and that the same, together with the tes:
:timony of the witnesses above named as well as the proceedings had
thereon, be entered of record in this Court.
N.F. Overturf. Probate
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 434)
Description
[page 434]
[corresponds to page 368 of Delaware County Will Records Vol. 8 1887-1890]
368
Albert Turner's Will
Journal Entry.
July 27th 1889.
In the Matter of the Will of
Albert Turner. deceased. This day, an instrument of writing,
purporting to be the last Will and Tes=
=tament of Albert Turner, late of Delaware City, in this Coun:
=ty, deceased, was produced in open Court for Probate; On Con:
=sideration Whereof, it is ordered that the said Will be filed in
this Court, and thereupon came Laura A. Turner, widow of
said Testator, and in writing, waived further notice, and consented to
the probate of Will. Ordered, that due notice thereof, and of the
application to admit the same to probate and record, be given to
William L. Turner- Clara Alberta Turner and George Turner
heirs and next of kin of the Testator, resident of the State of Ohio,
that said application will be for hearing before this Court on the
30th day of July A D 1889, at 2 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County ss. }
In the Matter of the Last }
Will and Testament of Albert } Application to Admit to Probate
Turner, Deceased. ~
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Albert Turner, late a resident of the City of Delaware in said
County died on or about the 18th day of July A.D.1889. leaving
an instrument in writing, hereto attached, purporting to be his last
Will and Testament; That the said Albert Turner died leaving
Laura A Turner his widow and the following named persons
his only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address
William L Turner Son Delaware O
Clara Alberta Turner Daughter " "
George Turner Son " "
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified ac:
:cording to law of the pending of said proceedings.
Laura A. Turner
The foregoing application was signed in my presence and sworn to be=
=fore me, this 27th day of July A.D.1889.
N.F.Overturf
{Seal} Probate Judge
[corresponds to page 368 of Delaware County Will Records Vol. 8 1887-1890]
368
Albert Turner's Will
Journal Entry.
July 27th 1889.
In the Matter of the Will of
Albert Turner. deceased. This day, an instrument of writing,
purporting to be the last Will and Tes=
=tament of Albert Turner, late of Delaware City, in this Coun:
=ty, deceased, was produced in open Court for Probate; On Con:
=sideration Whereof, it is ordered that the said Will be filed in
this Court, and thereupon came Laura A. Turner, widow of
said Testator, and in writing, waived further notice, and consented to
the probate of Will. Ordered, that due notice thereof, and of the
application to admit the same to probate and record, be given to
William L. Turner- Clara Alberta Turner and George Turner
heirs and next of kin of the Testator, resident of the State of Ohio,
that said application will be for hearing before this Court on the
30th day of July A D 1889, at 2 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County ss. }
In the Matter of the Last }
Will and Testament of Albert } Application to Admit to Probate
Turner, Deceased. ~
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Albert Turner, late a resident of the City of Delaware in said
County died on or about the 18th day of July A.D.1889. leaving
an instrument in writing, hereto attached, purporting to be his last
Will and Testament; That the said Albert Turner died leaving
Laura A Turner his widow and the following named persons
his only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address
William L Turner Son Delaware O
Clara Alberta Turner Daughter " "
George Turner Son " "
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified ac:
:cording to law of the pending of said proceedings.
Laura A. Turner
The foregoing application was signed in my presence and sworn to be=
=fore me, this 27th day of July A.D.1889.
N.F.Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 435)
Description
[page 435]
[corresponds to page 369 of Delaware County Will Records Vol. 8 1887-1890]
369
Albert Turner's Will
Waiver
I, the undersigned, widow of the within named decedent, hereby waive
further notice, and consent to the probate of said Will.
Dated this 27th day of July A.D.1889.
Laura A. Turner.
Notice
The State of Ohio } In Probate Court
Delaware County ss }
In the Matter of the last Will and Testament of
Albert Turner, deceased.
To Laura A. Turner;
You are hereby commanded to notify William L. Turner - Clara
Alberta Turner and George Turner: that on the 27th day of Ju:
=ly. A.D.1889 an instrument of writing, purporting to be the last
Will and Testament of Albert Turner late of Delaware Township,
in said County, deceased, was produced in said Court, and an appli=
=cation to admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this Court
on the 30th day of July A.D.1889. at 2 o'clock P.M.
Witness my hand and the seal of said
Probate Court, at Delaware. Ohio, this 27th day of July.A.D.
1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service.
The State of Ohio }
Delaware County.ss.} Laura A. Turner, being duly sworn, says
that on the 27 & 29 days of July. A.D.
1889 she served the within notice by delivering a true copy thereof
to the within named William L. Turner. Clara Alberta
Turner and George Turner.
Laura A. Turner.
Subscribed in my presence and sworn to before me this 30th day
of July A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will
In Probate Court } In the Matter of proving the last Will and
Testament of ]
Delaware County.Ohio Albert Turner. Deceased
The State of Ohio }
Delaware County.ss. } Henry J. Eaton, being duly sworn and exam=
=ined as a witness in the above entitled matter,
says: I was present at the execution of the instrument now
[corresponds to page 369 of Delaware County Will Records Vol. 8 1887-1890]
369
Albert Turner's Will
Waiver
I, the undersigned, widow of the within named decedent, hereby waive
further notice, and consent to the probate of said Will.
Dated this 27th day of July A.D.1889.
Laura A. Turner.
Notice
The State of Ohio } In Probate Court
Delaware County ss }
In the Matter of the last Will and Testament of
Albert Turner, deceased.
To Laura A. Turner;
You are hereby commanded to notify William L. Turner - Clara
Alberta Turner and George Turner: that on the 27th day of Ju:
=ly. A.D.1889 an instrument of writing, purporting to be the last
Will and Testament of Albert Turner late of Delaware Township,
in said County, deceased, was produced in said Court, and an appli=
=cation to admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this Court
on the 30th day of July A.D.1889. at 2 o'clock P.M.
Witness my hand and the seal of said
Probate Court, at Delaware. Ohio, this 27th day of July.A.D.
1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service.
The State of Ohio }
Delaware County.ss.} Laura A. Turner, being duly sworn, says
that on the 27 & 29 days of July. A.D.
1889 she served the within notice by delivering a true copy thereof
to the within named William L. Turner. Clara Alberta
Turner and George Turner.
Laura A. Turner.
Subscribed in my presence and sworn to before me this 30th day
of July A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will
In Probate Court } In the Matter of proving the last Will and
Testament of ]
Delaware County.Ohio Albert Turner. Deceased
The State of Ohio }
Delaware County.ss. } Henry J. Eaton, being duly sworn and exam=
=ined as a witness in the above entitled matter,
says: I was present at the execution of the instrument now
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 436)
Description
[page 436]
[corresponds to page 370 of Delaware County Will Records Vol. 8 1887-1890]
370
Albert Turner's Will
shown to me, bearing date the 10th day of June A.D.1882,
and offered for probate as the last Will and Testament of Albert
Turner, late of Delaware City, in said County of Delaware,
deceased, and saw the said Albert Turner, now deceased sign and
seal said instrument, and heard him acknowledge the same to be
his last Will and Testament; and I, thereupon, at his request and in
his presence, subscribed my name to the same as a witness. The said
decedent, at the time of making, signing and sealing said instrument,
was of full age, of sound mind and memory, and not under any re:
=straint.
Henry J. Eaton.
Sworn to and subscribed by said witness in open Court this
30th day of July. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Signature of Witness to Will.
The State of Ohio
Delaware County ss Henry J. Eaton and Rufus Carpenter
being duly sworn, say that they were
well acquainted with Henry G. Sheldon who is now deceased,
that they were well acquainted with the hand writing of the
said Henry G. Sheldon , having often seen him write, that
the signature Henry G. Sheldon as subscribing witness to the
last Will and Testament of Albert Turner, deceased, is in the
own proper hand writing and signature of the said Henry G.
Sheldon, who at the date of said Will was in full life, and
resided in Delaware City, in said County.
Henry J. Eaton
Rufus Carpenter.
Sworn to before me, and subscribed in my presence, this 30th
day of July A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
July 30 1889.
In the Matter of the Will
of Albert Turner.deceased.
Be it Remembered, that heretofore,
to-wit: on the 27th day of July A.D.1889. an instrument of
writing, purporting to be the last Will and Testament of Al=
=bert Turner, late of Delaware City, in this County deceased,
was produced in open Court, for probate, and was then filed
And, Laura A. Turner, widow, having waived Notice, and
it now being shown to the satisfaction of the Court, that due
[corresponds to page 370 of Delaware County Will Records Vol. 8 1887-1890]
370
Albert Turner's Will
shown to me, bearing date the 10th day of June A.D.1882,
and offered for probate as the last Will and Testament of Albert
Turner, late of Delaware City, in said County of Delaware,
deceased, and saw the said Albert Turner, now deceased sign and
seal said instrument, and heard him acknowledge the same to be
his last Will and Testament; and I, thereupon, at his request and in
his presence, subscribed my name to the same as a witness. The said
decedent, at the time of making, signing and sealing said instrument,
was of full age, of sound mind and memory, and not under any re:
=straint.
Henry J. Eaton.
Sworn to and subscribed by said witness in open Court this
30th day of July. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Signature of Witness to Will.
The State of Ohio
Delaware County ss Henry J. Eaton and Rufus Carpenter
being duly sworn, say that they were
well acquainted with Henry G. Sheldon who is now deceased,
that they were well acquainted with the hand writing of the
said Henry G. Sheldon , having often seen him write, that
the signature Henry G. Sheldon as subscribing witness to the
last Will and Testament of Albert Turner, deceased, is in the
own proper hand writing and signature of the said Henry G.
Sheldon, who at the date of said Will was in full life, and
resided in Delaware City, in said County.
Henry J. Eaton
Rufus Carpenter.
Sworn to before me, and subscribed in my presence, this 30th
day of July A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
July 30 1889.
In the Matter of the Will
of Albert Turner.deceased.
Be it Remembered, that heretofore,
to-wit: on the 27th day of July A.D.1889. an instrument of
writing, purporting to be the last Will and Testament of Al=
=bert Turner, late of Delaware City, in this County deceased,
was produced in open Court, for probate, and was then filed
And, Laura A. Turner, widow, having waived Notice, and
it now being shown to the satisfaction of the Court, that due
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 437)
Description
[page 437]
[corresponds to page 371 of Delaware County Will Records Vol. 8 1887-1890]
371
Albert Turner's Will
notice of the filing of said Will, and of the application to admit
the same to probate and record in this Court, has been given
to William L. Turner - Clara Alberta Turner - and George
Turner heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court;
therefore, on this day came Henry J Eaton, one of the sub=
=scribing witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will. Which testi=
=mony was reduced to writing, by him subscribed, and filed with
said Will.
And it appearing that Henry G. Sheldon- the other subscrib:
=ing witness to said Will, is now deceased. thereupon Henry J.
Eaton and Rufus Carpenter appeared in open Court, and
were duly sworn and examined according to law touching the
genuineness of the signature of said Henry G. Sheldon at=
=tached to said Will, and their testimony thereon was reduced
to writing and filed. Whereupon the Court finds that the afore=
=said instrument of writing is the last Will and Testament of
said Albert Turner, deceased. That the same was duly exe:
=cuted and attested ; and that the said Testator, at the time of
making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will be admit=
=ted to probate, and that the same, together with the testimony
of the witnesses above named, as well as the proceedings had
thereon ,be entered of record in this Court.
N.F. Overturf
Probate Judge.
Last Will and Testament
I, Albert Turner, of the City of Delaware, County of Delaware.
and State of Ohio, being about Forty five years of age, and being
of sound and disposing mind and memory, Do Make, Publish
and Declare this my Last Will and Testament, hereby revok=
=ing and making null and void all other Last Wills and
Testaments by me made heretofore:
First. My Will is that all my just Debts and Funeral Expenses
shall be paid out of my Estate as soon after my decease as
shall be found convenient.
Second. I Give, Devise, and Bequeath to my beloved wife Laura
A. Turner to be hers absolutely & in lieu of her years support
& of all that portion of my estate to which she would be entitled
by law were I to make no Will, all my household furniture
& other personal property, money, credits, & property of every
descript:
=ion other than Real Estate, of which I may be the owner
at my decease, & which is not disposed of in the above item "First."
[corresponds to page 371 of Delaware County Will Records Vol. 8 1887-1890]
371
Albert Turner's Will
notice of the filing of said Will, and of the application to admit
the same to probate and record in this Court, has been given
to William L. Turner - Clara Alberta Turner - and George
Turner heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court;
therefore, on this day came Henry J Eaton, one of the sub=
=scribing witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will. Which testi=
=mony was reduced to writing, by him subscribed, and filed with
said Will.
And it appearing that Henry G. Sheldon- the other subscrib:
=ing witness to said Will, is now deceased. thereupon Henry J.
Eaton and Rufus Carpenter appeared in open Court, and
were duly sworn and examined according to law touching the
genuineness of the signature of said Henry G. Sheldon at=
=tached to said Will, and their testimony thereon was reduced
to writing and filed. Whereupon the Court finds that the afore=
=said instrument of writing is the last Will and Testament of
said Albert Turner, deceased. That the same was duly exe:
=cuted and attested ; and that the said Testator, at the time of
making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint. It is,
therefore, by the Court ordered, that the said Will be admit=
=ted to probate, and that the same, together with the testimony
of the witnesses above named, as well as the proceedings had
thereon ,be entered of record in this Court.
N.F. Overturf
Probate Judge.
Last Will and Testament
I, Albert Turner, of the City of Delaware, County of Delaware.
and State of Ohio, being about Forty five years of age, and being
of sound and disposing mind and memory, Do Make, Publish
and Declare this my Last Will and Testament, hereby revok=
=ing and making null and void all other Last Wills and
Testaments by me made heretofore:
First. My Will is that all my just Debts and Funeral Expenses
shall be paid out of my Estate as soon after my decease as
shall be found convenient.
Second. I Give, Devise, and Bequeath to my beloved wife Laura
A. Turner to be hers absolutely & in lieu of her years support
& of all that portion of my estate to which she would be entitled
by law were I to make no Will, all my household furniture
& other personal property, money, credits, & property of every
descript:
=ion other than Real Estate, of which I may be the owner
at my decease, & which is not disposed of in the above item "First."
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 438)
Description
[page 438]
[corresponds to page 372 of Delaware County Will Records Vol. 8 1887-1890]
372
Albert Turner's Will
Item Third. All the real estate of which I may be the owner at my decease,
I do give. devise & bequeath as follows.
1 To my beloved wife the said Laura A. Turner, to have & to
hold as long after my decease as she shall remain unmarried.
2 I will that at her decease or re=marriage, (in case she should re=
=marry,) that all said real estate shall then become the absolute
property, in fee simple of such of her children by me begotten as shall
be living at the time of her decease or re-marriage, so that each child
shall then take one with another equally thereof, & in case of the
decease of any child leaving his or her issue surviving my said wife
or living at the time of her re-marriage, then said issue shall take
the same portion of said real estate the parent would have taken if
then living.
3 If my said wife should out-live all her children by me begotten
& all the issue of such children, then, I will that at the decease
of the last surviving of said children or the last surviving of their is-
=sue, in case they have issue, that she the said Laura A. take all
said real estate in fee simple absolutely.
Item Fourth. I hereby nominate & appoint my wife, said Laura A.
Turner, Ex=
ecutrix of this my last Will & Testament, & it is my wish that
she may execute the same without giving bond & that there be no
appraisement or sale of my personal property, or inventory thereof.
In Testimony Whereof, I have set my hand to this, my
Last Will and Testament, at the City of Delaware Ohio,
this tenth day of June. in the year of our Lord One Thousand
Eight Hundred and Eighty Two.
Albert Turner {Seal}
The foregoing Instrument was signed by the said Albert Turner,
in our presence, and by him published and declared as and for his
Last Will and Testament, and at his request, and in his presence,
and in the presence of each other, we hereunto subscribe our Names
as Attesting Witnesses, at the City of Delaware Ohio. this
tenth day of June. A.D.1882,
Henry G. Sheldon, resides at Delaware Ohio
Henry J. Eaton. resides at Delaware Ohio-
[corresponds to page 372 of Delaware County Will Records Vol. 8 1887-1890]
372
Albert Turner's Will
Item Third. All the real estate of which I may be the owner at my decease,
I do give. devise & bequeath as follows.
1 To my beloved wife the said Laura A. Turner, to have & to
hold as long after my decease as she shall remain unmarried.
2 I will that at her decease or re=marriage, (in case she should re=
=marry,) that all said real estate shall then become the absolute
property, in fee simple of such of her children by me begotten as shall
be living at the time of her decease or re-marriage, so that each child
shall then take one with another equally thereof, & in case of the
decease of any child leaving his or her issue surviving my said wife
or living at the time of her re-marriage, then said issue shall take
the same portion of said real estate the parent would have taken if
then living.
3 If my said wife should out-live all her children by me begotten
& all the issue of such children, then, I will that at the decease
of the last surviving of said children or the last surviving of their is-
=sue, in case they have issue, that she the said Laura A. take all
said real estate in fee simple absolutely.
Item Fourth. I hereby nominate & appoint my wife, said Laura A.
Turner, Ex=
ecutrix of this my last Will & Testament, & it is my wish that
she may execute the same without giving bond & that there be no
appraisement or sale of my personal property, or inventory thereof.
In Testimony Whereof, I have set my hand to this, my
Last Will and Testament, at the City of Delaware Ohio,
this tenth day of June. in the year of our Lord One Thousand
Eight Hundred and Eighty Two.
Albert Turner {Seal}
The foregoing Instrument was signed by the said Albert Turner,
in our presence, and by him published and declared as and for his
Last Will and Testament, and at his request, and in his presence,
and in the presence of each other, we hereunto subscribe our Names
as Attesting Witnesses, at the City of Delaware Ohio. this
tenth day of June. A.D.1882,
Henry G. Sheldon, resides at Delaware Ohio
Henry J. Eaton. resides at Delaware Ohio-
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 439)
Description
[page 439]
[corresponds to page 373 of Delaware County Will Records Vol. 8 1887-1890]
373
Charles H. Martin's Will
Journal Entry.
July 6 1889.
In the Matter of the Will of
Charles H. Martin,deceased. } This day, an instrument of writing,
} purporting to be the last Will and
Testament of Charles H. Martin, late of Berlin Township, in this
County. deceased, was produced in open Court for Probate, On
Consideration Whereof, it is ordered that the said Will be filed in
this Court, and that due notice thereof, and of the application to
admit the same to probate and record, be given to Thomas Martin-
Jacob Martin - Mary Clark- L.H.Martin - Charles W Martin -
Mrs. E.M. Fleming . John E. Williams - Johanna Evans -
Hiram Williams - Lewis Williams - Philena Seward and An=
and Williams heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hearing before this
Court in the 30th day of July. A.D.1889. at 10 o'clock A.M.
N.F. Overturf.
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court
Delaware Ohio.ss. }
In the Matter of the Last }
Will and Testament of Charles } Application to Admit to Probate.
H. Martin - deceased. ~ }
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents
that Charles H. Martin, late a resident of the Township of Berlin,
in said County, died on or about the 2nd day of June. A.D.1889,
leaving an instrument in writing, hereto attached, purporting to be
his last Will and Testament: That the said Charles H. Mar:
=tin died leaving no person his widow and the following named per:
=sons his only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Thomas Martin Brother Celina. Ohio
Jacob Martin " London, Ohio.
Mary Clark Sister Celina Ohio.
L.H. Martin Nephew Alexander. Ohio.
Charles W. Martin " Perryton Ohio
Mrs. E.M. Fleming Niece " "
John E Williams Nephew Celina . Ohio.
Johanna Evans. Niece Columbus. Ohio
Hiram Williams Nephew Granville. Ohio.
Lewis Williams " Granville. Ohio.
Philena Seward Niece Perryton Ohio
Anna Williams " Perryton Ohio.
[corresponds to page 373 of Delaware County Will Records Vol. 8 1887-1890]
373
Charles H. Martin's Will
Journal Entry.
July 6 1889.
In the Matter of the Will of
Charles H. Martin,deceased. } This day, an instrument of writing,
} purporting to be the last Will and
Testament of Charles H. Martin, late of Berlin Township, in this
County. deceased, was produced in open Court for Probate, On
Consideration Whereof, it is ordered that the said Will be filed in
this Court, and that due notice thereof, and of the application to
admit the same to probate and record, be given to Thomas Martin-
Jacob Martin - Mary Clark- L.H.Martin - Charles W Martin -
Mrs. E.M. Fleming . John E. Williams - Johanna Evans -
Hiram Williams - Lewis Williams - Philena Seward and An=
and Williams heirs and next of kin of the Testator, resident of the
State of Ohio, that said application will be for hearing before this
Court in the 30th day of July. A.D.1889. at 10 o'clock A.M.
N.F. Overturf.
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court
Delaware Ohio.ss. }
In the Matter of the Last }
Will and Testament of Charles } Application to Admit to Probate.
H. Martin - deceased. ~ }
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents
that Charles H. Martin, late a resident of the Township of Berlin,
in said County, died on or about the 2nd day of June. A.D.1889,
leaving an instrument in writing, hereto attached, purporting to be
his last Will and Testament: That the said Charles H. Mar:
=tin died leaving no person his widow and the following named per:
=sons his only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Thomas Martin Brother Celina. Ohio
Jacob Martin " London, Ohio.
Mary Clark Sister Celina Ohio.
L.H. Martin Nephew Alexander. Ohio.
Charles W. Martin " Perryton Ohio
Mrs. E.M. Fleming Niece " "
John E Williams Nephew Celina . Ohio.
Johanna Evans. Niece Columbus. Ohio
Hiram Williams Nephew Granville. Ohio.
Lewis Williams " Granville. Ohio.
Philena Seward Niece Perryton Ohio
Anna Williams " Perryton Ohio.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 440)
Description
[page 440]
[corresponds to page 374 of Delaware County Will Records Vol. 8 1887-1890]
374
Charles H. Martin's Will
Your petitioner prays that a time may be fixed for the proving of said
Will and that said above named persons may be notified accord:
=ing to law of the pending of said proceedings.
Stephen Hults.
The foregoing application was signed in my presence and sworn to
before me, this 6th day of July A.D. 1889,
N.F. Overturf
{Seal} Probate Judge.
Notice to Heirs.
The State of Ohio In Probate Court
Delaware County.ss
In the Matter of the last Will and Testa=
=ment of Charles H. Martin, deceased.
To Thomas Martin. Jacob Martin. Mary
Clark - L.H. Martin - Charles W. Martin - Mrs. E.M. Fleming.
John E. Williams - Johanna Evans . Hiram Williams - Lewis
Williams - Philena Seward and Anna Williams.
You are hereby notified
that on the 6th day of July A.D.1889. an instrument of writing,
purporting to be the last Will and Testament of Charles H. Martin
late of Berlin Township, in said County, deceased, was produced in
open Court, and an application to admit the same to probate was on
the same day made in said Court. Said application will be for
hearing before this Court on the 30th day of July A.D.1889. at 10
o'clock A.M.,
N.F. Overturf
Probate Judge
Dated at Delaware, Ohio, this 6th day of July A.D. 1889
{Seal}
Return.
The State of Ohio }
Delaware County.ss. } Stephen Hults being duly sworn, says
that on the 27th day of July A.D.1889.and
prior thereto he served the within notice by delivering a true copy
thereof to the within named Thomas Martin. Jacob Martin -
Mary Clark. L.H. Martin- Charles W. Martin - Mrs. E.M. Fleming -
John E. Williams - Johanna Evans. Hiram Williams. Lewis Wil:
=liams_ Philena Seward and Anna Williams.
Stephen Hults.
Subscribed in my presence and sworn to before me this 30th day of July
1889.
N.F. Overturf
Probate Judge
Probate of Will.
In Probate Court.
The State of Ohio }
Delaware County ss. } Personally appeared in open Court N. Leonard
[corresponds to page 374 of Delaware County Will Records Vol. 8 1887-1890]
374
Charles H. Martin's Will
Your petitioner prays that a time may be fixed for the proving of said
Will and that said above named persons may be notified accord:
=ing to law of the pending of said proceedings.
Stephen Hults.
The foregoing application was signed in my presence and sworn to
before me, this 6th day of July A.D. 1889,
N.F. Overturf
{Seal} Probate Judge.
Notice to Heirs.
The State of Ohio In Probate Court
Delaware County.ss
In the Matter of the last Will and Testa=
=ment of Charles H. Martin, deceased.
To Thomas Martin. Jacob Martin. Mary
Clark - L.H. Martin - Charles W. Martin - Mrs. E.M. Fleming.
John E. Williams - Johanna Evans . Hiram Williams - Lewis
Williams - Philena Seward and Anna Williams.
You are hereby notified
that on the 6th day of July A.D.1889. an instrument of writing,
purporting to be the last Will and Testament of Charles H. Martin
late of Berlin Township, in said County, deceased, was produced in
open Court, and an application to admit the same to probate was on
the same day made in said Court. Said application will be for
hearing before this Court on the 30th day of July A.D.1889. at 10
o'clock A.M.,
N.F. Overturf
Probate Judge
Dated at Delaware, Ohio, this 6th day of July A.D. 1889
{Seal}
Return.
The State of Ohio }
Delaware County.ss. } Stephen Hults being duly sworn, says
that on the 27th day of July A.D.1889.and
prior thereto he served the within notice by delivering a true copy
thereof to the within named Thomas Martin. Jacob Martin -
Mary Clark. L.H. Martin- Charles W. Martin - Mrs. E.M. Fleming -
John E. Williams - Johanna Evans. Hiram Williams. Lewis Wil:
=liams_ Philena Seward and Anna Williams.
Stephen Hults.
Subscribed in my presence and sworn to before me this 30th day of July
1889.
N.F. Overturf
Probate Judge
Probate of Will.
In Probate Court.
The State of Ohio }
Delaware County ss. } Personally appeared in open Court N. Leonard
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 441)
Description
[page 441]
[corresponds to page 375 of Delaware County Will Records Vol. 8 1887-1890]
375
Charles H. Martin's Will
and W.H.Duckworth the subscribing witnesses to the last Will and
Testament of Charles H. Martin late of Berlin Township in said
Delaware County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 9th day of December A.
D.1887, purporting to be the last Will and Testament of Charles
H. Martin now deceased, is the Will of said deceased, Charles
H. Martin, that they were present at the execution of said Will, and
at the request of the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw the said Char:
=les H. Martin, deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testament, and that the
said Charles H. Martin at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and not un=
=der any restraint.
N. Leonard
W H. Duckworth.
Sworn to and subscribed by said witnesses, in open Court, this
30th day of July A.D.1889.
N.F. Overturf.
{Seal} Probate Judge
Journal Entry.
July 30th 1889.
In the Matter of the Will of }
Charles H. Martin,deceased. } Be it remembered, that heretofore, to-wit:
on the 6th day of July A.D.1889, an in=
strument of writing, purporting to be the last Will and Testament,
of Charles H. Martin, late of Berlin Township, in this County, in
this County, deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the application to
admit the same to probate and record in this Court, has been given
to Thomas Martin. Jacob Martin. Mary Clark. L.H.Martin _
Charles W. Martin. Mrs. E.M. Fleming. John E. Williams. Johan=
=na Evans. Hiram Williams. Lewis Williams. Philena Seward-
and Anna Williams heirs and next of kin of the Testator, resident
of the State of Ohio, pursuant to a former order of this Court; there:
=fore, on this day came N. Leonard and W.H.Duckworth the sub=
=scribing witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament of said Charles
H. Martin, deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, signing and sealing
said
Will, was of full age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court ordered, that the said Will
[corresponds to page 375 of Delaware County Will Records Vol. 8 1887-1890]
375
Charles H. Martin's Will
and W.H.Duckworth the subscribing witnesses to the last Will and
Testament of Charles H. Martin late of Berlin Township in said
Delaware County, deceased; who being duly sworn according to
law, to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 9th day of December A.
D.1887, purporting to be the last Will and Testament of Charles
H. Martin now deceased, is the Will of said deceased, Charles
H. Martin, that they were present at the execution of said Will, and
at the request of the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw the said Char:
=les H. Martin, deceased sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testament, and that the
said Charles H. Martin at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and not un=
=der any restraint.
N. Leonard
W H. Duckworth.
Sworn to and subscribed by said witnesses, in open Court, this
30th day of July A.D.1889.
N.F. Overturf.
{Seal} Probate Judge
Journal Entry.
July 30th 1889.
In the Matter of the Will of }
Charles H. Martin,deceased. } Be it remembered, that heretofore, to-wit:
on the 6th day of July A.D.1889, an in=
strument of writing, purporting to be the last Will and Testament,
of Charles H. Martin, late of Berlin Township, in this County, in
this County, deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the application to
admit the same to probate and record in this Court, has been given
to Thomas Martin. Jacob Martin. Mary Clark. L.H.Martin _
Charles W. Martin. Mrs. E.M. Fleming. John E. Williams. Johan=
=na Evans. Hiram Williams. Lewis Williams. Philena Seward-
and Anna Williams heirs and next of kin of the Testator, resident
of the State of Ohio, pursuant to a former order of this Court; there:
=fore, on this day came N. Leonard and W.H.Duckworth the sub=
=scribing witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament of said Charles
H. Martin, deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, signing and sealing
said
Will, was of full age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court ordered, that the said Will
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 442)
Description
[page 442]
[corresponds to page 376 of Delaware County Will Records Vol. 8 1887-1890]
376
Charles H. Martin's Will
be admitted to probate, and that the same, together with the testimony
of the witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
Last Will and Testament of Charles H. Martin.
I, Charles H. Martin of Berlin Township Delaware County. State
of Ohio, considering the uncertainty of life, and being of sound mind,
and disposing memory - do make and publish this my Last Will and
Testament in manner and form following:
First I direct my Executor hereinafter named to pay all my just debts
and funeral expenses [After my decease I direct that my body be
placed in the Vault at Cheshire Dol. Co. O. and afterwards buried in
Graveyard at Peach Blow Church about 3/4 Miles east of my present
residence a Good Marble or Granite Tomstone to be placed at head and
foot of Grace.]
Second. I give and bequeath to my faithful friend Stephen Hoults all the
Real Estate and personal property, credits, Monies. Household Furniture,
and property or rights of any kind whatever of which I may die seized
or have a right to possession.
Third. I do hereby nominate and appoint my said friend Stephen Hoults, of
Berlin Township Delaware County Ohio to be the Executor of this
my Last Will and Testament hereby directing that he be not required
to give any Bond or Surety as such Executor, but to faithfully per:
=form the trust and make legal settlement therefor.
In Testimony Whereof I the said
Charles H. Martin have hereunto subscribed my name and affixed
my seal this 9th day of December. 1887,
Charles H. Martin. {Seal}
Signed, sealed and declared by the said
Charles H. Marin to be his Last Will
and Testament in presence of us - who at
his request and in his presence and the
presence of each other, have hereto subscribed
our names as witnesses ~ the addition
[] being made to Item First before
signing.
W.H. Duckworth
N. Leonard
Geo C. Eaton
[corresponds to page 376 of Delaware County Will Records Vol. 8 1887-1890]
376
Charles H. Martin's Will
be admitted to probate, and that the same, together with the testimony
of the witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will.
Last Will and Testament of Charles H. Martin.
I, Charles H. Martin of Berlin Township Delaware County. State
of Ohio, considering the uncertainty of life, and being of sound mind,
and disposing memory - do make and publish this my Last Will and
Testament in manner and form following:
First I direct my Executor hereinafter named to pay all my just debts
and funeral expenses [After my decease I direct that my body be
placed in the Vault at Cheshire Dol. Co. O. and afterwards buried in
Graveyard at Peach Blow Church about 3/4 Miles east of my present
residence a Good Marble or Granite Tomstone to be placed at head and
foot of Grace.]
Second. I give and bequeath to my faithful friend Stephen Hoults all the
Real Estate and personal property, credits, Monies. Household Furniture,
and property or rights of any kind whatever of which I may die seized
or have a right to possession.
Third. I do hereby nominate and appoint my said friend Stephen Hoults, of
Berlin Township Delaware County Ohio to be the Executor of this
my Last Will and Testament hereby directing that he be not required
to give any Bond or Surety as such Executor, but to faithfully per:
=form the trust and make legal settlement therefor.
In Testimony Whereof I the said
Charles H. Martin have hereunto subscribed my name and affixed
my seal this 9th day of December. 1887,
Charles H. Martin. {Seal}
Signed, sealed and declared by the said
Charles H. Marin to be his Last Will
and Testament in presence of us - who at
his request and in his presence and the
presence of each other, have hereto subscribed
our names as witnesses ~ the addition
[] being made to Item First before
signing.
W.H. Duckworth
N. Leonard
Geo C. Eaton
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 443)
Description
[page 443]
[corresponds to page 377 of Delaware County Will Records Vol. 8 1887-1890]
377
Betsey Smith's Will
Journal Entry
July. 23 1889.
In the Matter of the Will of }
Betsey Smith, deceased. } This day, an instrument of writing,
purporting to be the last Will and
Testament of Betsey Smith, late of Berkshire Township, in
this County, deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the said Will be
filed in this Court, and that due Notice thereof, and of the appli:
=cation to admit the same to probate and record, be given to May
Blanchard and Fred Blanchard heirs and next of kin of the Tes:
=tatrix (James Smith widower, and Levi Smith heir of said
Testatrix, having in writing waived further notice and consented
to the probate of said Will) resident of the State of Ohio, that
said application will be for hearing before this Court on the 1st
day of August A.D.1889. at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate
Betsey Smith, Deceased }
To the Hon. N F Overturf. Judge of the
Probate Court in and for said County.
Your petitioner respectfully represents
that Betsey Smith, late a resident of the Township of Berkshire in
said County, died on or about the 11th day of July A.D.1889 leaving
an instrument in writing. hereto attached, purporting to be her last
Will and Testament. That the said Betsey Smith died leaving
James Smith, widower and the following named persons her only
next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
Henrietta Armstrong Daughter Hillside. P.O.
Colorado
May Blanchard Grand-child Granville, O.
Fred Blanchard " " Granville, O.
Emma Smith Daughter-in-law
Levi Smith Son 51 King Av. Columbus. O.
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Levi Smith
The foregoing application was signed in my presence and sworn to
before me, this 23rd day of July A.D.1889
N.F. Overturf.
{Seal} Probate Judge.
[corresponds to page 377 of Delaware County Will Records Vol. 8 1887-1890]
377
Betsey Smith's Will
Journal Entry
July. 23 1889.
In the Matter of the Will of }
Betsey Smith, deceased. } This day, an instrument of writing,
purporting to be the last Will and
Testament of Betsey Smith, late of Berkshire Township, in
this County, deceased, was produced in open Court for Probate;
On Consideration Whereof, it is ordered that the said Will be
filed in this Court, and that due Notice thereof, and of the appli:
=cation to admit the same to probate and record, be given to May
Blanchard and Fred Blanchard heirs and next of kin of the Tes:
=tatrix (James Smith widower, and Levi Smith heir of said
Testatrix, having in writing waived further notice and consented
to the probate of said Will) resident of the State of Ohio, that
said application will be for hearing before this Court on the 1st
day of August A.D.1889. at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate
Betsey Smith, Deceased }
To the Hon. N F Overturf. Judge of the
Probate Court in and for said County.
Your petitioner respectfully represents
that Betsey Smith, late a resident of the Township of Berkshire in
said County, died on or about the 11th day of July A.D.1889 leaving
an instrument in writing. hereto attached, purporting to be her last
Will and Testament. That the said Betsey Smith died leaving
James Smith, widower and the following named persons her only
next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
Henrietta Armstrong Daughter Hillside. P.O.
Colorado
May Blanchard Grand-child Granville, O.
Fred Blanchard " " Granville, O.
Emma Smith Daughter-in-law
Levi Smith Son 51 King Av. Columbus. O.
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Levi Smith
The foregoing application was signed in my presence and sworn to
before me, this 23rd day of July A.D.1889
N.F. Overturf.
{Seal} Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 444)
Description
[page 444]
[corresponds to page 378 of Delaware County Will Records Vol. 8 1887-1890]
378
Betsey Smith's Will
Waiver
We, the undersigned Husband & Next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said Will.
Dated this 22nd day of July. A.D.1889.
James Smith
Levi Smith
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and Testament of
Betsey Smith, deceased.
To May Blanchard & Fred Blanchard.
You are hereby notified that on the 23rd day of July A.D.
1889, an instrument of writing, purporting to be the last Will and
Testament of Betsey Smith, late of Berkshire Township, in said
County, deceased, was produced in open Court, and an application to
admit the same to probate was on the same day made in said
Court. Said application will be for hearing before this Court on
the 1st day of August A.D.1889 at 1 o'clock P.M.
N.F. Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 23rd day of July. A.D.1889.
Return.
The State of Ohio }
Delaware County.ss.} Levi Smith, being duly sworn, says that on the
26th day of July A.D.1889 he served the within
notice by delivering a true copy thereof to the within named May
Blanchard and Fred Blanchard and also to Lillian Blanchard, their
mother and with whom they reside.
Levi Smith.
Subscribed in my presence and sworn to before me this 1 day
of August. 1889.
N.F. Overturf
Probate Judge
Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
Personally appeared in open Court Lissia H
Ports and I A. Ports the subscribing witnesses to the last Will
and Testament of Betsey Smith late of Berkshire Township in
said Delaware County, deceased; was being duly sworn according
to law, to speak the truth, the whole truth, and nothing but the truth
in relation to the execution of said Will, depose and say: That the paper
before them bearing date the 13th day of March A.D.1888, purport:
[corresponds to page 378 of Delaware County Will Records Vol. 8 1887-1890]
378
Betsey Smith's Will
Waiver
We, the undersigned Husband & Next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said Will.
Dated this 22nd day of July. A.D.1889.
James Smith
Levi Smith
Notice to Heirs.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and Testament of
Betsey Smith, deceased.
To May Blanchard & Fred Blanchard.
You are hereby notified that on the 23rd day of July A.D.
1889, an instrument of writing, purporting to be the last Will and
Testament of Betsey Smith, late of Berkshire Township, in said
County, deceased, was produced in open Court, and an application to
admit the same to probate was on the same day made in said
Court. Said application will be for hearing before this Court on
the 1st day of August A.D.1889 at 1 o'clock P.M.
N.F. Overturf
{Seal} Probate Judge.
Dated at Delaware Ohio, this 23rd day of July. A.D.1889.
Return.
The State of Ohio }
Delaware County.ss.} Levi Smith, being duly sworn, says that on the
26th day of July A.D.1889 he served the within
notice by delivering a true copy thereof to the within named May
Blanchard and Fred Blanchard and also to Lillian Blanchard, their
mother and with whom they reside.
Levi Smith.
Subscribed in my presence and sworn to before me this 1 day
of August. 1889.
N.F. Overturf
Probate Judge
Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
Personally appeared in open Court Lissia H
Ports and I A. Ports the subscribing witnesses to the last Will
and Testament of Betsey Smith late of Berkshire Township in
said Delaware County, deceased; was being duly sworn according
to law, to speak the truth, the whole truth, and nothing but the truth
in relation to the execution of said Will, depose and say: That the paper
before them bearing date the 13th day of March A.D.1888, purport:
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 445)
Description
[page 445]
[corresponds to page 379 of Delaware County Will Records Vol. 8 1887-1890]
379
Betsey Smith's Will
=ing to be the last Will and Testament of Betsey Smith now de=
=ceased, in the Will of said deceased Betsey Smith, that they were
present at the execution of said Will, and at the request of the Tes=
=tatrix, respectively subscribed their to the same as witnesses. in
her presence; that they saw the said Betsey Smith, deceased,
sign and seal said Will, and heard her acknowledge the same to be
her last Will and Testament, and that the said Betsey Smith
at the time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
Lissia H. Ports
I.A. Ports.
Sworn to and subscribed by said witnesses, in open Court, this 1st
day of August. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
August 1 1889.
In the Matter of the Will of }
Betsey Smith, deceased. } Be it remembered, that heretofore, to-wit:
on the 23 day of July. A.D.1889, an
instrument of writing, purporting to be the last Will and Testament
of Betsey Smith late of Berkshire Township, in this County,
deceased, was produced in open Court for probate, and was then filed.
And it now being shown to the satisfaction of the Court, that due
notice of the filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given to May
Blanchard and Fred Blanchard, heirs and next of kin of the
Testatrix, resident of the State of Ohio pursuant to a former order
of this Court; (James Smith widower, and Levi Smith heir of
Testatrix having waived Notice.) therefore, on this day came
Lissia H. Ports and I.A. Ports the subscribing witnesses to
said Will, who being duly sworn, testified to the due execution and
attestation of said Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said Will, where=
=upon the Court finds that the aforesaid instrument of writing is
the last Will and Testament of said Betsey Smith, deceased.
That the same was duly executed and attested; and that the said
Testatrix at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under any re:
:straint. It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the proceed=
=ings had thereon, be entered of record in this Court.
N. F. Overturf
Probate Judge.
[corresponds to page 379 of Delaware County Will Records Vol. 8 1887-1890]
379
Betsey Smith's Will
=ing to be the last Will and Testament of Betsey Smith now de=
=ceased, in the Will of said deceased Betsey Smith, that they were
present at the execution of said Will, and at the request of the Tes=
=tatrix, respectively subscribed their to the same as witnesses. in
her presence; that they saw the said Betsey Smith, deceased,
sign and seal said Will, and heard her acknowledge the same to be
her last Will and Testament, and that the said Betsey Smith
at the time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
Lissia H. Ports
I.A. Ports.
Sworn to and subscribed by said witnesses, in open Court, this 1st
day of August. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
August 1 1889.
In the Matter of the Will of }
Betsey Smith, deceased. } Be it remembered, that heretofore, to-wit:
on the 23 day of July. A.D.1889, an
instrument of writing, purporting to be the last Will and Testament
of Betsey Smith late of Berkshire Township, in this County,
deceased, was produced in open Court for probate, and was then filed.
And it now being shown to the satisfaction of the Court, that due
notice of the filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given to May
Blanchard and Fred Blanchard, heirs and next of kin of the
Testatrix, resident of the State of Ohio pursuant to a former order
of this Court; (James Smith widower, and Levi Smith heir of
Testatrix having waived Notice.) therefore, on this day came
Lissia H. Ports and I.A. Ports the subscribing witnesses to
said Will, who being duly sworn, testified to the due execution and
attestation of said Will. Which testimony was reduced to writing
by them respectively subscribed, and filed with said Will, where=
=upon the Court finds that the aforesaid instrument of writing is
the last Will and Testament of said Betsey Smith, deceased.
That the same was duly executed and attested; and that the said
Testatrix at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory, and not under any re:
:straint. It is, therefore, by the Court ordered, that the said Will
be admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the proceed=
=ings had thereon, be entered of record in this Court.
N. F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 446)
Description
[page 446]
[corresponds to page 380 of Delaware County Will Records Vol. 8 1887-1890]
380
Betsey Smith's Will
Copy of Will.
In the name of the Benevolent Father of All, I, Betsey Smith of
Delaware County Ohio, do make and publish this my last Will
and Testament.
Item 1 I will that all my just debts be paid.
Item 2 I give and devise to my Daughter Henriett Armstrong Ten ($10.00)
Dollars in money, and six of my silver table-spoons.
Item 3 I give and devise to May Blanchard and her Brother name not
known (the same
being my grand-children) and being also the children of Edwin Blanch:
=ard, a certain promisary note now held by me against said Erin Blanch=
=ard. I also give to the said May Blanchard my silver tea-spoons.
Item 4. I give and devise to Emma Smith (my Daughter-in-law) my silver
knives & forks, and my gold watch.
Item 5. I will that all my household furniture, Carpets. Bedding and
table-ware
& except as above disposed of shall be equally divided between the
said Henriett Armstrong, the said May Blanchard and her said
Brother (the two being as one Heir) and my son Levi Smith, the
said division to be made by themselves as they may agree.
Item 6 I give and devise to my said son Levi Smith all the property
both
personal and real (except that above disposed of by this Will and Tes:
=tament) of which I may die possessed.
Item 7 I do hereby nominate and appoint my son Levi Smith Executor of
this my last Will and Testament, hereby authorizing and empowering
him to compromise, adjust, release, and discharge in such manner
as he may deem proper the debts and claims due me. I do also au:
:thorize and empower him if it shall become necessary in order to pay
my debts to sell by private sale, or in such manner, upon such
terms of credit, or otherwise, as he may think proper. all or any part
of my real estate (if there be any) and deeds to purchasers to exe=
=cute. acknowledge, and deliver in fee simple.
I desire that no appraisement and no sale of my person property
be made, and that the Court of Probate direct the omission of the
same, in pursuance of the statute.
I also direct that the Executor aforesaid shall not be required to
give bonds.
In testimony hereof, I have hereunto set my hand and seal,
this thirteenth day of March in the year of our Lord Eighteen
Hundred and Eighty Eight.
Betsey Smith {Seal}
Signed and acknowledged by said Betsey Smith as her last Will
and Testament in our presence, and signed by us in her presence.
Lissia H. Ports
I. A. Ports.
[corresponds to page 380 of Delaware County Will Records Vol. 8 1887-1890]
380
Betsey Smith's Will
Copy of Will.
In the name of the Benevolent Father of All, I, Betsey Smith of
Delaware County Ohio, do make and publish this my last Will
and Testament.
Item 1 I will that all my just debts be paid.
Item 2 I give and devise to my Daughter Henriett Armstrong Ten ($10.00)
Dollars in money, and six of my silver table-spoons.
Item 3 I give and devise to May Blanchard and her Brother name not
known (the same
being my grand-children) and being also the children of Edwin Blanch:
=ard, a certain promisary note now held by me against said Erin Blanch=
=ard. I also give to the said May Blanchard my silver tea-spoons.
Item 4. I give and devise to Emma Smith (my Daughter-in-law) my silver
knives & forks, and my gold watch.
Item 5. I will that all my household furniture, Carpets. Bedding and
table-ware
& except as above disposed of shall be equally divided between the
said Henriett Armstrong, the said May Blanchard and her said
Brother (the two being as one Heir) and my son Levi Smith, the
said division to be made by themselves as they may agree.
Item 6 I give and devise to my said son Levi Smith all the property
both
personal and real (except that above disposed of by this Will and Tes:
=tament) of which I may die possessed.
Item 7 I do hereby nominate and appoint my son Levi Smith Executor of
this my last Will and Testament, hereby authorizing and empowering
him to compromise, adjust, release, and discharge in such manner
as he may deem proper the debts and claims due me. I do also au:
:thorize and empower him if it shall become necessary in order to pay
my debts to sell by private sale, or in such manner, upon such
terms of credit, or otherwise, as he may think proper. all or any part
of my real estate (if there be any) and deeds to purchasers to exe=
=cute. acknowledge, and deliver in fee simple.
I desire that no appraisement and no sale of my person property
be made, and that the Court of Probate direct the omission of the
same, in pursuance of the statute.
I also direct that the Executor aforesaid shall not be required to
give bonds.
In testimony hereof, I have hereunto set my hand and seal,
this thirteenth day of March in the year of our Lord Eighteen
Hundred and Eighty Eight.
Betsey Smith {Seal}
Signed and acknowledged by said Betsey Smith as her last Will
and Testament in our presence, and signed by us in her presence.
Lissia H. Ports
I. A. Ports.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 447)
Description
[page 447]
[corresponds to page 381 of Delaware County Will Records Vol. 8 1887-1890]
381
Robert E. Jenning's Will
Journal Entry
August 3rd 1889.
In the Matter of the Will }
of Robert E. Jennings, deceased } This day an instrument of writing, pur=
:porting to be the last Will and Testament
of Robert Jennings late of Delaware Township, in this County, de:
=ceased, was produced in open Court for Probate. On Consideration
Whereof, it is ordered that the said Will be filed in this Court
and that due notice thereof, and of the application to admit the same to
probate and record, be given to Anna H. Miller. Martha Liggett . Al=
=meda A. Stummel and Louisa Honeter, next of kin of the Testa=
=tor, resident of the State of Ohio, that said application will be for
hearing before this Court on the 7th day of August. A.D.1889. at
9 o'clock. A.M.
N.F. Overturf
Probate Judge
Application for Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Robert } Application to Admit to Probate
E. Jennings, Deceased. }
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents
that Robert E. Jennings late a resident of the Township of Delaware
in said County, died on or about the 31st day of July A.D.1889,
leaving an instrument in writing, hereto attached, purporting to be
his last Will and Testament: That the said Robert E. Jennings
died leaving no person his widow and the following named persons
his only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Anna H Miller Sister Delaware. O.
Martha Liggett Sister Watkins . O
Louisa Honater 1/2 Sister Ostrander
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
C.C. Miller.
The foregoing application was signed in my presence and sworn
to before me, this 3rd day of July A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
[corresponds to page 381 of Delaware County Will Records Vol. 8 1887-1890]
381
Robert E. Jenning's Will
Journal Entry
August 3rd 1889.
In the Matter of the Will }
of Robert E. Jennings, deceased } This day an instrument of writing, pur=
:porting to be the last Will and Testament
of Robert Jennings late of Delaware Township, in this County, de:
=ceased, was produced in open Court for Probate. On Consideration
Whereof, it is ordered that the said Will be filed in this Court
and that due notice thereof, and of the application to admit the same to
probate and record, be given to Anna H. Miller. Martha Liggett . Al=
=meda A. Stummel and Louisa Honeter, next of kin of the Testa=
=tor, resident of the State of Ohio, that said application will be for
hearing before this Court on the 7th day of August. A.D.1889. at
9 o'clock. A.M.
N.F. Overturf
Probate Judge
Application for Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Robert } Application to Admit to Probate
E. Jennings, Deceased. }
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents
that Robert E. Jennings late a resident of the Township of Delaware
in said County, died on or about the 31st day of July A.D.1889,
leaving an instrument in writing, hereto attached, purporting to be
his last Will and Testament: That the said Robert E. Jennings
died leaving no person his widow and the following named persons
his only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Anna H Miller Sister Delaware. O.
Martha Liggett Sister Watkins . O
Louisa Honater 1/2 Sister Ostrander
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
C.C. Miller.
The foregoing application was signed in my presence and sworn
to before me, this 3rd day of July A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 448)
Description
[page 448]
[corresponds to page 382 of Delaware County Will Records Vol. 8 1887-1890]
382
Robert E. Jennings' Will.
Notice
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Testament
of Robert E. Jennings, deceased.
To C.C. Miller:
You are hereby commanded to notify
Anna H. Miller Martha Liggett and Louisa Honater & Almeda
A. Stimmell,
That on the 3rd day of August A.D.1889, an instrument
of writing, purporting to be the last Will and Testament of Robert E.
Jennings, late of Delaware Township, in said County, deceased, was
produced in said Court, and an application to admit the same to
probate was on the same day made in said Court. Said application
will be for hearing before this Court on the 7th day of August.
A.D.1889.
at 9 o'clock A.M.
Witness my hand and the seal of said Probate
Court, at Delaware Ohio, this 3 day of August. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio }
Delaware County.ss } C.C. Miller being duly sworn, says that
on the 3 day of August. A.D.1889. he serv:
=ed the within notice by delivering a true copy thereof to the with=
=in named Anna H. Miller. Martha Liggett . Louisa Honeter and
Almeda A Stimmell.
C.C. Miller.
Subscribed in my presence and sworn to before me this 7th day of
August A.D.1889.
N.F. Overturf
{Seal}
Probate Judge
Probate of Sevice
The State of Ohio } In Probate Court.
Delaware County.ss }
Personally appeared in open Court Mary E.
Miller and John D. Van Deman the subscribing witnesses to the
last Will and Testament of Robert E. Jennings, late of Delaware
Township in said Delaware County. deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 29th day of May. A.
D.1889, purporting to be the last Will and Testament of Robert E.
Jennings now deceased, is the Will of said deceased Robert E.
[corresponds to page 382 of Delaware County Will Records Vol. 8 1887-1890]
382
Robert E. Jennings' Will.
Notice
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Testament
of Robert E. Jennings, deceased.
To C.C. Miller:
You are hereby commanded to notify
Anna H. Miller Martha Liggett and Louisa Honater & Almeda
A. Stimmell,
That on the 3rd day of August A.D.1889, an instrument
of writing, purporting to be the last Will and Testament of Robert E.
Jennings, late of Delaware Township, in said County, deceased, was
produced in said Court, and an application to admit the same to
probate was on the same day made in said Court. Said application
will be for hearing before this Court on the 7th day of August.
A.D.1889.
at 9 o'clock A.M.
Witness my hand and the seal of said Probate
Court, at Delaware Ohio, this 3 day of August. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio }
Delaware County.ss } C.C. Miller being duly sworn, says that
on the 3 day of August. A.D.1889. he serv:
=ed the within notice by delivering a true copy thereof to the with=
=in named Anna H. Miller. Martha Liggett . Louisa Honeter and
Almeda A Stimmell.
C.C. Miller.
Subscribed in my presence and sworn to before me this 7th day of
August A.D.1889.
N.F. Overturf
{Seal}
Probate Judge
Probate of Sevice
The State of Ohio } In Probate Court.
Delaware County.ss }
Personally appeared in open Court Mary E.
Miller and John D. Van Deman the subscribing witnesses to the
last Will and Testament of Robert E. Jennings, late of Delaware
Township in said Delaware County. deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose and say:
That the paper before them bearing date the 29th day of May. A.
D.1889, purporting to be the last Will and Testament of Robert E.
Jennings now deceased, is the Will of said deceased Robert E.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 449)
Description
[page 449]
[corresponds to page 383 of Delaware County Will Records Vol. 8 1887-1890]
383
Robert E. Jenning's Will
Jennings, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that they saw
the said Robert E. Jennings deceased, sign and seal said Will, and
heard him acknowledge the same to be his last Will and Testament,
and that the said Robert E. Jennings at the time of making,
signing and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
John D. Van Deman.
Mary E. Willey.
Sworn to and subscribed by said witnesses, in open Court, this
7th day of August .A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
August 7th 1889.
In the Matter of the Will of }
Robert E. Jennings, deceased. }
Be it remembered, that heretofore, to-wit:
on the 3rd day of August. A.D.1889. an instrument of writing, pur=
=porting to be the last Will and Testament of Robert E. Jennings
late of Delaware Township, in this County, deceased, was produced
in open Court for probate, and was then filed. And, it now being
shown to the satisfaction of the Court, that due notice of the fil=
=ing of said Will, and of the application to admit the same to
probate and record in this Court, has been given to Anna H.
Miller. Martha Liggett . Louisa Honeter and Almeda Stimmell
next of kin of the Testator, resident of the State of Ohio, pursu=
=ant to a former order of this Court; therefore, on this day came
John D. Van Deman and Mary E. Willey, the subscribing
witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament of said
Robert E. Jennings, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of making.
signing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of record
in this Court.
N.F. Overturf.
Probate Judge.
[corresponds to page 383 of Delaware County Will Records Vol. 8 1887-1890]
383
Robert E. Jenning's Will
Jennings, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that they saw
the said Robert E. Jennings deceased, sign and seal said Will, and
heard him acknowledge the same to be his last Will and Testament,
and that the said Robert E. Jennings at the time of making,
signing and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint.
John D. Van Deman.
Mary E. Willey.
Sworn to and subscribed by said witnesses, in open Court, this
7th day of August .A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
August 7th 1889.
In the Matter of the Will of }
Robert E. Jennings, deceased. }
Be it remembered, that heretofore, to-wit:
on the 3rd day of August. A.D.1889. an instrument of writing, pur=
=porting to be the last Will and Testament of Robert E. Jennings
late of Delaware Township, in this County, deceased, was produced
in open Court for probate, and was then filed. And, it now being
shown to the satisfaction of the Court, that due notice of the fil=
=ing of said Will, and of the application to admit the same to
probate and record in this Court, has been given to Anna H.
Miller. Martha Liggett . Louisa Honeter and Almeda Stimmell
next of kin of the Testator, resident of the State of Ohio, pursu=
=ant to a former order of this Court; therefore, on this day came
John D. Van Deman and Mary E. Willey, the subscribing
witnesses to said Will, who being duly sworn, testified to
the due execution and attestation of said Will. Which testimony
was reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament of said
Robert E. Jennings, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of making.
signing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of record
in this Court.
N.F. Overturf.
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 450)
Description
[page 450]
[corresponds to page 384 of Delaware County Will Records Vol. 8 1887-1890]
384
Robert E. Jennings' Will
Copy of Will.
In the name of God Amen. I Robert Elmer Jennings of the
County of Delaware and State of Ohio, of lawful age, and of sound
and disposing mind and memory and under no restraint, do make and
publish this my last Will and Testament hereby revoking all former
wills by me made.
Item I. I hereby direct that all my just debts and funeral expenses and
the costs of administering my estate be first paid out of my estate.
Item II. I hereby give devise and bequeath all the rest and residue of my
estate, both real and personal, wherever situate, whether in possession
or expectoney to my namesake Elmer C. Miller, so on Charles
C. Miller, and unto his heirs and assigns forever.
Item. III. I hereby constitute and appoint my brother in law Charles C.
Miller, as the Executor of this my last Will and Testament, hereby
authorizing and empowering him to settle compromise and adjust
any claim, owing me or any debt existing against me.
In Witness Whereof
I have hereunto set my hand and seal this 29th day of May_
A.D.1889.
Robert E. Jennings. {Seal}
Signed, sealed, acknowledged and declared and published by the
said Robert Elmer Jennings as and for his last Will and Tes=
=tament in our presence and we have signed the same at his re:
=quest, as witnesses thereto, in his presence and in the presence of
each other the day last aforesaid.
Mary E. Willey
John D. Van Deman.
[corresponds to page 384 of Delaware County Will Records Vol. 8 1887-1890]
384
Robert E. Jennings' Will
Copy of Will.
In the name of God Amen. I Robert Elmer Jennings of the
County of Delaware and State of Ohio, of lawful age, and of sound
and disposing mind and memory and under no restraint, do make and
publish this my last Will and Testament hereby revoking all former
wills by me made.
Item I. I hereby direct that all my just debts and funeral expenses and
the costs of administering my estate be first paid out of my estate.
Item II. I hereby give devise and bequeath all the rest and residue of my
estate, both real and personal, wherever situate, whether in possession
or expectoney to my namesake Elmer C. Miller, so on Charles
C. Miller, and unto his heirs and assigns forever.
Item. III. I hereby constitute and appoint my brother in law Charles C.
Miller, as the Executor of this my last Will and Testament, hereby
authorizing and empowering him to settle compromise and adjust
any claim, owing me or any debt existing against me.
In Witness Whereof
I have hereunto set my hand and seal this 29th day of May_
A.D.1889.
Robert E. Jennings. {Seal}
Signed, sealed, acknowledged and declared and published by the
said Robert Elmer Jennings as and for his last Will and Tes=
=tament in our presence and we have signed the same at his re:
=quest, as witnesses thereto, in his presence and in the presence of
each other the day last aforesaid.
Mary E. Willey
John D. Van Deman.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 451)
Description
[page 451]
[corresponds to page 385 of Delaware County Will Records Vol. 8 1887-1890]
385
Abraham Lloyd's Will
4550 Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Ab: } Application to Admit to Probate -
=raham Lloyd, deceased. }
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents
that Abraham Lloyd, late a resident of the Township of Radnor
in said County, died on or about the 6th day of July A.D.1889. leav:
:ing an instrument in writing, hereto attached, purporting to be his
last Will and Testament. That the said Abraham Lloyd died leav:
=ing Eliza A. Lloyd his widow and the following named person his
only next of kin resident of the State of Ohio
Name Degree of Kinship. P.O.Address.
Margaret Ann Gast Daughter. Prospect. Ohio
Your petitioner prays that said Will may be admitted to Probate.
Eliza A. Lloyd.
The foregoing application was signed in my presence and sworn
to before me, this 14th day of August. A.D. 1889.
N.F. Overturf
[sic] {Sell} Probate Judge .
Waiver
We, the undersigned widow and next of kin of the within named dece:
:dent, hereby waive further notice, and consent to the probate of said
Will.
Dated this 14th day of August A.D.1889.
Eliza A. Lloyd
Margaret Ann Gast.
Journal Entry
August 14th 1889.
In the Matter of the Will of }
Abraham Lloyd, deceased. } This day, an instrument of writing, pur:
:porting to be the last Will and Testament
of Abraham Lloyd, late of Radnor Township, in this County,
deceased, was produced in open Court for Probate; On Consid:
=eration Whereof, it is ordered that the said Will be filed in
this Court. And thereupon came Eliza A. Lloyd, widow, and
Margaret Ann Gast, only next of kin of said Testator, resident
of the State of Ohio, and in writing, waived further notice and
consented to the probate of said Will. and thereupon came Jno.
A. Cone and Mary E. Cone the subscribing witnesses to said
[corresponds to page 385 of Delaware County Will Records Vol. 8 1887-1890]
385
Abraham Lloyd's Will
4550 Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Ab: } Application to Admit to Probate -
=raham Lloyd, deceased. }
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents
that Abraham Lloyd, late a resident of the Township of Radnor
in said County, died on or about the 6th day of July A.D.1889. leav:
:ing an instrument in writing, hereto attached, purporting to be his
last Will and Testament. That the said Abraham Lloyd died leav:
=ing Eliza A. Lloyd his widow and the following named person his
only next of kin resident of the State of Ohio
Name Degree of Kinship. P.O.Address.
Margaret Ann Gast Daughter. Prospect. Ohio
Your petitioner prays that said Will may be admitted to Probate.
Eliza A. Lloyd.
The foregoing application was signed in my presence and sworn
to before me, this 14th day of August. A.D. 1889.
N.F. Overturf
[sic] {Sell} Probate Judge .
Waiver
We, the undersigned widow and next of kin of the within named dece:
:dent, hereby waive further notice, and consent to the probate of said
Will.
Dated this 14th day of August A.D.1889.
Eliza A. Lloyd
Margaret Ann Gast.
Journal Entry
August 14th 1889.
In the Matter of the Will of }
Abraham Lloyd, deceased. } This day, an instrument of writing, pur:
:porting to be the last Will and Testament
of Abraham Lloyd, late of Radnor Township, in this County,
deceased, was produced in open Court for Probate; On Consid:
=eration Whereof, it is ordered that the said Will be filed in
this Court. And thereupon came Eliza A. Lloyd, widow, and
Margaret Ann Gast, only next of kin of said Testator, resident
of the State of Ohio, and in writing, waived further notice and
consented to the probate of said Will. and thereupon came Jno.
A. Cone and Mary E. Cone the subscribing witnesses to said
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 452)
Description
[page 452]
[corresponds to page 386 of Delaware County Will Records Vol. 8 1887-1890]
386
Abraham Lloyd's Estate.
Will, who being duly sworn, testified to the due execution and attestation
of said Will. Which testimony was reduced to writing, by them respect:
=ively subscribed and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and Testament
of said Abraham Lloyd, deceased. That the same was duly exe:
=cuted and attested; and that the said Testator, at the time of mak:
=ing, signing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and that the
same, together with the testimony of the witnesses above named as well
as the proceedings had thereon, be entered of record in this Court.
N F Overturf.
Probate Judge.
Probate of Will
The State of Ohio } In Probate Court
Delaware County.ss }
Personally appeared in open Court Jno.
A. Cone and Mary E. Cone the subscribing witnesses to the
last Will and Testament of Abraham Lloyd late of Radnor
Township in said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole truth, and noth:
=ing but the truth, in relation to the execution of said Will, de:
:pose and say: That the paper before them bearing date the 30th
day of March A.D.1880. purporting to be the last Will and Testa:
=ment of Abraham Lloyd, now deceased, is the Will of said de:
=ceased Abraham Lloyd, that they were present at the execution
of said Will, and at the request of the Testator, respectively sub:
=scribed their names to the same as witnesses, in his presence;
that they saw the said Abraham Lloyd, deceased, sign and seal
said Will, and heard him acknowledge the same to be his last
Will and Testament, and that the said Abraham Lloyd at
the time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
Jno. A. Cone
Mary E. Cone.
Sworn to and subscribed by said witnesses, in open Court, this
14th day of August A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Copy of Will
I Abraham Lloyd of the County of Delaware in the State of
Ohio, do make and publish this my last Will and Testament
in manner and form following that is to say:
1 It is my will that my Funeral expenses and all my just
debts be fully paid.
2 I give devise and bequeath to my beloved wife Eliza in Fee
[corresponds to page 386 of Delaware County Will Records Vol. 8 1887-1890]
386
Abraham Lloyd's Estate.
Will, who being duly sworn, testified to the due execution and attestation
of said Will. Which testimony was reduced to writing, by them respect:
=ively subscribed and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and Testament
of said Abraham Lloyd, deceased. That the same was duly exe:
=cuted and attested; and that the said Testator, at the time of mak:
=ing, signing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and that the
same, together with the testimony of the witnesses above named as well
as the proceedings had thereon, be entered of record in this Court.
N F Overturf.
Probate Judge.
Probate of Will
The State of Ohio } In Probate Court
Delaware County.ss }
Personally appeared in open Court Jno.
A. Cone and Mary E. Cone the subscribing witnesses to the
last Will and Testament of Abraham Lloyd late of Radnor
Township in said Delaware County, deceased; who being duly
sworn according to law, to speak the truth, the whole truth, and noth:
=ing but the truth, in relation to the execution of said Will, de:
:pose and say: That the paper before them bearing date the 30th
day of March A.D.1880. purporting to be the last Will and Testa:
=ment of Abraham Lloyd, now deceased, is the Will of said de:
=ceased Abraham Lloyd, that they were present at the execution
of said Will, and at the request of the Testator, respectively sub:
=scribed their names to the same as witnesses, in his presence;
that they saw the said Abraham Lloyd, deceased, sign and seal
said Will, and heard him acknowledge the same to be his last
Will and Testament, and that the said Abraham Lloyd at
the time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
Jno. A. Cone
Mary E. Cone.
Sworn to and subscribed by said witnesses, in open Court, this
14th day of August A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Copy of Will
I Abraham Lloyd of the County of Delaware in the State of
Ohio, do make and publish this my last Will and Testament
in manner and form following that is to say:
1 It is my will that my Funeral expenses and all my just
debts be fully paid.
2 I give devise and bequeath to my beloved wife Eliza in Fee
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 453)
Description
[page 453]
[corresponds to page 387 of Delaware County Will Records Vol. 8 1887-1890]
387
Abraham Lloyd's Estate.
Simple my house and Lot Number Thirty Two (32) in the town
of Delhi Radnor Township. Delaware County Ohio, with all
the appurtenances thereof, also one half of my Personal property con:
=sisting in Book Accounts, Notes and Rail Road Stock.
3rd I give devise and bequeath to my Daughter Margaret Ann
Gast one half of all my Personal property equally divided between
my wife Eliza and my Daughter Margret Ann as soon as it
can be done share and share alike.
And lastly it is my will and desire to have this will probated
and for my wife and Daughter to collect what shall be due and
divide equally among themselves dispensing with Letters of Admin=
=istration and Appraisement of the property etc.
In testimony whereof I have
hereunto set my hand and seal this 30th day of March A.D.
1880.
Abraham Lloyd {Seal}
Signed published and declared
by the above named Abraham
Lloyd as and for his last
Will and Testament in in
presence of us who at his re:
=quest have signed as witnesses
to the same.
Jno. A. Cone
Mary E. Cone.
[corresponds to page 387 of Delaware County Will Records Vol. 8 1887-1890]
387
Abraham Lloyd's Estate.
Simple my house and Lot Number Thirty Two (32) in the town
of Delhi Radnor Township. Delaware County Ohio, with all
the appurtenances thereof, also one half of my Personal property con:
=sisting in Book Accounts, Notes and Rail Road Stock.
3rd I give devise and bequeath to my Daughter Margaret Ann
Gast one half of all my Personal property equally divided between
my wife Eliza and my Daughter Margret Ann as soon as it
can be done share and share alike.
And lastly it is my will and desire to have this will probated
and for my wife and Daughter to collect what shall be due and
divide equally among themselves dispensing with Letters of Admin=
=istration and Appraisement of the property etc.
In testimony whereof I have
hereunto set my hand and seal this 30th day of March A.D.
1880.
Abraham Lloyd {Seal}
Signed published and declared
by the above named Abraham
Lloyd as and for his last
Will and Testament in in
presence of us who at his re:
=quest have signed as witnesses
to the same.
Jno. A. Cone
Mary E. Cone.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 454)
Description
[page 454]
[corresponds to page 388 of Delaware County Will Records Vol. 8 1887-1890]
388
John McElroy's Will
Journal Entry.
September 5th 1889.
In the Matter of the Will of }
John McElroy_ deceased.~ } This day, an instrument of writing,
purporting to be the last Will and Tes:
=tament of John McElroy, late of Delaware City, in this County.
deceased. was produced in open Court for Probate; On Consider-
=ation Whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to admit
the
same to probate and record, be given to Mariah G. McElroy, his
widow and Milo G. McElroy and Stella May Adams (Amelzer
H. McElroy having, in writing waived further notice and consented
to the probate of said Will) next of kin of the Testator, resident
of the State of Ohio, that said application will be for hearing
before this Court, on the 9th day of September A.D.1889 at
10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of John } Application to Admit to Probate
McElroy. Deceased. ~ }
To the Hon. N. F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that John McElroy, late a resident of the City of Delaware,
in said County, died on or about the 1st day of September A.D.
1889 leaving an instrument in writing, hereto attached, purporting to
be his last Will and Testament. That the said John Mc
Elroy died leaving Mariah G. McElroy - his widow - and the follow=
=ing named persons his only next of kin resident of the State of
Ohio.
Name Degree of Kinship P.O. Address
Ervin B. McElroy Son California
Amalzer H. McElroy " Delaware O
Milo G. McElroy " " "
Stella May Adams. Daughter " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be not:
:ified according to law of the pending of said proceedings.
Amelzer H. Mc Elroy
[corresponds to page 388 of Delaware County Will Records Vol. 8 1887-1890]
388
John McElroy's Will
Journal Entry.
September 5th 1889.
In the Matter of the Will of }
John McElroy_ deceased.~ } This day, an instrument of writing,
purporting to be the last Will and Tes:
=tament of John McElroy, late of Delaware City, in this County.
deceased. was produced in open Court for Probate; On Consider-
=ation Whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to admit
the
same to probate and record, be given to Mariah G. McElroy, his
widow and Milo G. McElroy and Stella May Adams (Amelzer
H. McElroy having, in writing waived further notice and consented
to the probate of said Will) next of kin of the Testator, resident
of the State of Ohio, that said application will be for hearing
before this Court, on the 9th day of September A.D.1889 at
10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of John } Application to Admit to Probate
McElroy. Deceased. ~ }
To the Hon. N. F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that John McElroy, late a resident of the City of Delaware,
in said County, died on or about the 1st day of September A.D.
1889 leaving an instrument in writing, hereto attached, purporting to
be his last Will and Testament. That the said John Mc
Elroy died leaving Mariah G. McElroy - his widow - and the follow=
=ing named persons his only next of kin resident of the State of
Ohio.
Name Degree of Kinship P.O. Address
Ervin B. McElroy Son California
Amalzer H. McElroy " Delaware O
Milo G. McElroy " " "
Stella May Adams. Daughter " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be not:
:ified according to law of the pending of said proceedings.
Amelzer H. Mc Elroy
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 455)
Description
[page 455]
[corresponds to page 389 of Delaware County Will Records Vol. 8 1887-1890]
389
John McElroy's Will
The foregoing application was signed in my presence and sworn to
before me, this 5th day of September A.D. 1889.
N.F. Overturf.
{Seal} Probate Judge
Waiver
I, the undersigned, one of the next of kin of the within named
decedent, hereby waive further notice, and consent to the probate
of said Will.
Dated this 5th day of September A.D.1889.
A.H. McElroy.
Notice
The State of Ohio In Probate Court.
Delaware County ss
In the matter of the last Will and
Testament of John McElroy, deceased,
To Amelzer H. McElroy:
You are hereby commanded
to notify Mariah G. McElroy - Milo G. McElroy and
Stella May Adams
That on the 5th day of September A.D.1889.
an instrument of writing, purporting to be the last Will and
Testament of John McElroy, late of Delaware City, in
said County, deceased, was produced in said Court, and an
application to admit the same to probate was on the same day
made in said Court. Said application will be for hearing
before this Court on the 9th day of September A.D.1889. at
10 o'clock A.M.,
Witness my hand and the seal of said Probate
Court, at Delaware, Ohio, this 5th day of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss. Amelzer H. McElroy being duly sworn,
says that on the 5th day of Sept A.D.
1889. he served the within notice by delivering a true copy there:
=of to the within named Milo G. McElory - Mariah G. Mc
Elroy and Stella May Adams.
Amelzer H. McElroy
Subscribed in my presence and sworn to before me this 9th day
of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 389 of Delaware County Will Records Vol. 8 1887-1890]
389
John McElroy's Will
The foregoing application was signed in my presence and sworn to
before me, this 5th day of September A.D. 1889.
N.F. Overturf.
{Seal} Probate Judge
Waiver
I, the undersigned, one of the next of kin of the within named
decedent, hereby waive further notice, and consent to the probate
of said Will.
Dated this 5th day of September A.D.1889.
A.H. McElroy.
Notice
The State of Ohio In Probate Court.
Delaware County ss
In the matter of the last Will and
Testament of John McElroy, deceased,
To Amelzer H. McElroy:
You are hereby commanded
to notify Mariah G. McElroy - Milo G. McElroy and
Stella May Adams
That on the 5th day of September A.D.1889.
an instrument of writing, purporting to be the last Will and
Testament of John McElroy, late of Delaware City, in
said County, deceased, was produced in said Court, and an
application to admit the same to probate was on the same day
made in said Court. Said application will be for hearing
before this Court on the 9th day of September A.D.1889. at
10 o'clock A.M.,
Witness my hand and the seal of said Probate
Court, at Delaware, Ohio, this 5th day of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss. Amelzer H. McElroy being duly sworn,
says that on the 5th day of Sept A.D.
1889. he served the within notice by delivering a true copy there:
=of to the within named Milo G. McElory - Mariah G. Mc
Elroy and Stella May Adams.
Amelzer H. McElroy
Subscribed in my presence and sworn to before me this 9th day
of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 456)
Description
[page 456]
[corresponds to page 390 of Delaware County Will Records Vol. 8 1887-1890]
390
John McElroy's Will
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court Geo. H.
Waldo and Geo. C. Eaton the subscribing witnesses to the
last Will and Testament of John McElroy, late of Delaware
Township in said Delaware County, deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the 10th day
of January - A.D 1888, purporting to be the last Will and
Testament of John McElroy now deceased, is the Will of
said deceased, John McElroy, that they were present at the
execution of said Will, and at the request of the Testator respect=
=ively subscribed their names to the same as witnesses, in his
presence; that they saw the said John McElroy deceased,
sign and seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said John
McElroy at the time of making, signing and sealing said Will
was of full age, of sound mind and memory, and not under any
restraint.
Geo. H. Waldo
Geo. C. Eaton.
Sworn to and subscribed by said witnesses, in open Court - this
9th day of September A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
September 9 1889.
In the Matter of the Will
of John McElroy - deceased.
Be it remembered, that heretofore,
to-wit:
on the 5th day of SeptemberA.D.1889. an instrument of writing.
purporting to be the last Will and Testament of John McEl:
:roy, late of Delaware City, in this County. deceased, was pro:
=duced in open Court for probate, and was then filed. And,
it now being shown to the satisfaction of the Court, that due
notice of the filing of said Will, and of the application to admit
the same to probate and record in this Court, has been given
to Mariah G. McElroy his widow, Milo G. McElroy and
Stella May Adams (Ameler H. McElroy having waived
Notice) heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court; there:
:fore, on this day came Geo. H. Waldo and Geo. C. Eaton, the
subscribing witnesses to said Will, who being duly sworn, tes:
=tified to the due execution and attestation of said Will. Which
[corresponds to page 390 of Delaware County Will Records Vol. 8 1887-1890]
390
John McElroy's Will
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court Geo. H.
Waldo and Geo. C. Eaton the subscribing witnesses to the
last Will and Testament of John McElroy, late of Delaware
Township in said Delaware County, deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will, depose
and say: That the paper before them bearing date the 10th day
of January - A.D 1888, purporting to be the last Will and
Testament of John McElroy now deceased, is the Will of
said deceased, John McElroy, that they were present at the
execution of said Will, and at the request of the Testator respect=
=ively subscribed their names to the same as witnesses, in his
presence; that they saw the said John McElroy deceased,
sign and seal said Will, and heard him acknowledge the same
to be his last Will and Testament, and that the said John
McElroy at the time of making, signing and sealing said Will
was of full age, of sound mind and memory, and not under any
restraint.
Geo. H. Waldo
Geo. C. Eaton.
Sworn to and subscribed by said witnesses, in open Court - this
9th day of September A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
September 9 1889.
In the Matter of the Will
of John McElroy - deceased.
Be it remembered, that heretofore,
to-wit:
on the 5th day of SeptemberA.D.1889. an instrument of writing.
purporting to be the last Will and Testament of John McEl:
:roy, late of Delaware City, in this County. deceased, was pro:
=duced in open Court for probate, and was then filed. And,
it now being shown to the satisfaction of the Court, that due
notice of the filing of said Will, and of the application to admit
the same to probate and record in this Court, has been given
to Mariah G. McElroy his widow, Milo G. McElroy and
Stella May Adams (Ameler H. McElroy having waived
Notice) heirs and next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court; there:
:fore, on this day came Geo. H. Waldo and Geo. C. Eaton, the
subscribing witnesses to said Will, who being duly sworn, tes:
=tified to the due execution and attestation of said Will. Which
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 457)
Description
[page 457]
[corresponds to page 391 of Delaware County Will Records Vol. 8 1887-1890]
391
John McElroy's Will
testimony was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will and Tes:
=tament of said John McElroy, deceased. That the same
was duly executed and attested; and that the said Testator-
at the time of making - signing and sealing said Will, was of
full age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same, together with the testi:
=mony of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
Know all men by these presents that I, John McElroy
of the City of Delaware, County of Delaware State of Ohio
being in full posession of my mental faculties do make and
publish this my last Will and Testament.
1 I direct that my remains be buried on the South West
corner of my Family Lot in Oak Grove Cemetery.
2 I wish to be buried without any show or ostentation, but in
a manner respectful to my neighbours, whose kindness
has constributed so much to the hapiness of me and mine.
3. My affectionate wife who has been to me a source of so much hap:
=iness, must be tenderly provided for, care must be taken that
she has some reasonable income.
4. I apoint my sons Milo G. McElroy and Amelzer H. McEl:
=roy to be my Executors of this my Will ~
5. I give and devise to my son Amelzer H. McElroy the North
part of Lot Fifty Six (56) discribed as follows: commencing 10
feet
North of Lot line conveyed to E.E.Jones, running North on
line of Washington St to lot line, thence West on said line one
hundred feet (100) thence south the same Number of feet as
on line of Washington St. thence East to place of beginning,
with all the improvements thereon with the free use off the al:
=lies and to have the property in posession and he is to keep the
property in repair, pay the taxed & insurance.
6. I do hereby autherize and empower my Executors to mortgage,
sell or lease so much of the property as is necessary to pay debts,
and pay to my Wife so much from the rents, profits and in:
=come as is necssary for her comfortable support during her natur=
=al life.
[corresponds to page 391 of Delaware County Will Records Vol. 8 1887-1890]
391
John McElroy's Will
testimony was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will and Tes:
=tament of said John McElroy, deceased. That the same
was duly executed and attested; and that the said Testator-
at the time of making - signing and sealing said Will, was of
full age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same, together with the testi:
=mony of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
Know all men by these presents that I, John McElroy
of the City of Delaware, County of Delaware State of Ohio
being in full posession of my mental faculties do make and
publish this my last Will and Testament.
1 I direct that my remains be buried on the South West
corner of my Family Lot in Oak Grove Cemetery.
2 I wish to be buried without any show or ostentation, but in
a manner respectful to my neighbours, whose kindness
has constributed so much to the hapiness of me and mine.
3. My affectionate wife who has been to me a source of so much hap:
=iness, must be tenderly provided for, care must be taken that
she has some reasonable income.
4. I apoint my sons Milo G. McElroy and Amelzer H. McEl:
=roy to be my Executors of this my Will ~
5. I give and devise to my son Amelzer H. McElroy the North
part of Lot Fifty Six (56) discribed as follows: commencing 10
feet
North of Lot line conveyed to E.E.Jones, running North on
line of Washington St to lot line, thence West on said line one
hundred feet (100) thence south the same Number of feet as
on line of Washington St. thence East to place of beginning,
with all the improvements thereon with the free use off the al:
=lies and to have the property in posession and he is to keep the
property in repair, pay the taxed & insurance.
6. I do hereby autherize and empower my Executors to mortgage,
sell or lease so much of the property as is necessary to pay debts,
and pay to my Wife so much from the rents, profits and in:
=come as is necssary for her comfortable support during her natur=
=al life.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 458)
Description
[page 458]
[corresponds to page 392 of Delaware County Will Records Vol. 8 1887-1890]
392
John McElroy's Will
7 I desire that the vacant lot commenceing sixty five feet
west
from the south east corner of the double brick dweling on corner
of Washington and Wm Street runing West 45 feet and North
Ninety four feet to south line of Lot owned by E. E. Jones: para:
=lel with West line of Washington St, also the lot on which the
office now stands North of the double brick building 29 1/2 feet
wide, North and 65 feet long west, to be sold to pay debts against
my Estate.
8 My Will is that my Wife have full and entire possession of
the property where I now reside, bounded as follows. commencing
one hundred and ten feet. West from the South East corner of
brick dweling on corner of Washington and Wm St. running West
forty nine feet (49) thence North to North line of Lot 55 thence
East on North line of Lot 55 including barn wagon shed and
free use of the allies now open, with all the improvements and the
personal property in said dwelling and on the premises in which
I have an interest during her natural life ~ the property af=
=ter the decease of my Wife, I give and bequeath to my Daughter
Stella May Adams wife of David S. Adams to have and to hold
the said premises with all the apurtanaces to her the said Stel:
=la May Adams, to her sole and separate use, free from the in:
=terferance or control of her Husband. and to her heirs and asigns
forever.~
I do appoint my Son Milo G. McElroy Trustee for my
said Daughter Stella M. Adams to take charge of and manage
the business required to care for and use said property for her sup=
=port and maintaince and to sell and convey said property when=
=ever her interest may require it.
9 I give and bequeath to my son Milo G. McElroy all of the
West part of Lot Fifty five (55) with the improvements thereon,
commencing in the West line of the premises here discribed
as bequeathed to my Daugther Stella May Adams.
10 I give and bequeth to my said Executors the double brick
dweling on the South East corner of In Lot Fifty Six (56)
with the land belonging therto, to be held in trust as here-
after discribed, the rents of the South half after paying all
nessary repairs taxes and insurance thereon shal be paid
to my Son Erwin B. McElroy dureing his natural life ~
and after his deceased, convey the same in fee to his nearest
relatives as may deam most advisable, they acting therein
with my sons concurance, if circumstances admit of him ex=
=presing his wishes, otherwise in their own discretion, and the
rent of the North half of said building be paid to to my son
Amelzer H. McElroy after paying for repairs insurance &.
taxes during his natural life at his decease the property said
North half - in which he is interested he sold and the proce to
be equaly devided to his legal heirs.
[corresponds to page 392 of Delaware County Will Records Vol. 8 1887-1890]
392
John McElroy's Will
7 I desire that the vacant lot commenceing sixty five feet
west
from the south east corner of the double brick dweling on corner
of Washington and Wm Street runing West 45 feet and North
Ninety four feet to south line of Lot owned by E. E. Jones: para:
=lel with West line of Washington St, also the lot on which the
office now stands North of the double brick building 29 1/2 feet
wide, North and 65 feet long west, to be sold to pay debts against
my Estate.
8 My Will is that my Wife have full and entire possession of
the property where I now reside, bounded as follows. commencing
one hundred and ten feet. West from the South East corner of
brick dweling on corner of Washington and Wm St. running West
forty nine feet (49) thence North to North line of Lot 55 thence
East on North line of Lot 55 including barn wagon shed and
free use of the allies now open, with all the improvements and the
personal property in said dwelling and on the premises in which
I have an interest during her natural life ~ the property af=
=ter the decease of my Wife, I give and bequeath to my Daughter
Stella May Adams wife of David S. Adams to have and to hold
the said premises with all the apurtanaces to her the said Stel:
=la May Adams, to her sole and separate use, free from the in:
=terferance or control of her Husband. and to her heirs and asigns
forever.~
I do appoint my Son Milo G. McElroy Trustee for my
said Daughter Stella M. Adams to take charge of and manage
the business required to care for and use said property for her sup=
=port and maintaince and to sell and convey said property when=
=ever her interest may require it.
9 I give and bequeath to my son Milo G. McElroy all of the
West part of Lot Fifty five (55) with the improvements thereon,
commencing in the West line of the premises here discribed
as bequeathed to my Daugther Stella May Adams.
10 I give and bequeth to my said Executors the double brick
dweling on the South East corner of In Lot Fifty Six (56)
with the land belonging therto, to be held in trust as here-
after discribed, the rents of the South half after paying all
nessary repairs taxes and insurance thereon shal be paid
to my Son Erwin B. McElroy dureing his natural life ~
and after his deceased, convey the same in fee to his nearest
relatives as may deam most advisable, they acting therein
with my sons concurance, if circumstances admit of him ex=
=presing his wishes, otherwise in their own discretion, and the
rent of the North half of said building be paid to to my son
Amelzer H. McElroy after paying for repairs insurance &.
taxes during his natural life at his decease the property said
North half - in which he is interested he sold and the proce to
be equaly devided to his legal heirs.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 459)
Description
[page 459]
[corresponds to page 393 of Delaware County Will Records Vol. 8 1887-1890]
393
John McElroy's Will
11 Any of the Legatees herein described apealing to the Courts
to change or alter this Will, shall deprive themselves of any
interest in the same.
12 I here request that my Executors and Trustes be not re=
=quired to give bonds for the performance of their respective du=
=ties under this Will, and that they discharge the dutires under
this Will without other compensation than herein devised.
In Testimony whereof. I have hereunto
set my hand and seal at the city of Delaware, Delaware
Co. O. and have published and declared this to be my last Will
and Testament in the 10th January in the year of our Lord
Eighteen Hundred & Eighty Eight (1888)
John McElroy.
Signed by the above named John McElroy as and for his
last Will and Testament in the presence of us at the time, who
in his presence, and in the presence of each other, have hereunto
subscribed our names as atesting witnesses thereto. at his re:
=quest this 10th day of January- 1888.
Geo. G. Waldo
Z. P Hammond
Geo. C. Eaton.
[corresponds to page 393 of Delaware County Will Records Vol. 8 1887-1890]
393
John McElroy's Will
11 Any of the Legatees herein described apealing to the Courts
to change or alter this Will, shall deprive themselves of any
interest in the same.
12 I here request that my Executors and Trustes be not re=
=quired to give bonds for the performance of their respective du=
=ties under this Will, and that they discharge the dutires under
this Will without other compensation than herein devised.
In Testimony whereof. I have hereunto
set my hand and seal at the city of Delaware, Delaware
Co. O. and have published and declared this to be my last Will
and Testament in the 10th January in the year of our Lord
Eighteen Hundred & Eighty Eight (1888)
John McElroy.
Signed by the above named John McElroy as and for his
last Will and Testament in the presence of us at the time, who
in his presence, and in the presence of each other, have hereunto
subscribed our names as atesting witnesses thereto. at his re:
=quest this 10th day of January- 1888.
Geo. G. Waldo
Z. P Hammond
Geo. C. Eaton.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 460)
Description
[page 460]
[corresponds to page 394 of Delaware County Will Records Vol. 8 1887-1890]
394
Elizabeth Johnson's Will
Journal Entry.
September 4th 1889.
In the Matter of the Will of
Elizabeth Johnson, deceased.
This day, an instrument of writing, pur=
=porting to be the last Will and Testament of Elizabeth Johnson. late
of Harlem Township, in this County, deceased, was produced in open
Court for Probate; On Consideration Whereof, it is ordered that the
said Will be filed in this Court, and Alonzo L. Johnson one of the
next of kin of said Testatrix, having in writing, waived further notice
and consented to the probate of said Will, it is ordered that due
notice of the filing of said Will, and of the application to admit the
same to probate and record, be given to Harrison Johnson. Har:
:ry Neff. Seymour Neff. Lizzie Neff. Samuel Neff. Mary
Oller. Lizzie Oller and John Oller. next of kin of the
Testatrix, resident of the State of Ohio, that said application will
be for hearing before this Court, on the 21st day of September. A.
D.1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of_ Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Elizabeth Johnson. deceased. }
To the Hon. N.F. Overturf. Judge of the Probate
Court in and for said County:
Your petitioner respectfully represents, that
Elizabeth Johnson, late a resident of the Township of Harlem in said
County, died on or about the 30th day of August A.D.1889, leaving
an instrument in writing, hereto attached, purporting to be her last
Will and Testament. That the said Elizabeth Johnson died leaving
no widower, and the following named persons her only next of kin
resident of the State of Ohio.
Name Age of Degree of Kinship. P.O. Address
Address.
Alonzo L. Johnson Son. Harlem Ohio
Harrison Johnson " Ohio.
Laura Kidwell Grand-child Indiana.
Harry Neff " " Ohio
Seymour Neff 7 or 8 " " "
Lizzie Neff 14 " " "
Samuel Neff 12 " " "
Mary Oller " " Ohio
Lizzie Oller " " "
John Oller. " " "
[corresponds to page 394 of Delaware County Will Records Vol. 8 1887-1890]
394
Elizabeth Johnson's Will
Journal Entry.
September 4th 1889.
In the Matter of the Will of
Elizabeth Johnson, deceased.
This day, an instrument of writing, pur=
=porting to be the last Will and Testament of Elizabeth Johnson. late
of Harlem Township, in this County, deceased, was produced in open
Court for Probate; On Consideration Whereof, it is ordered that the
said Will be filed in this Court, and Alonzo L. Johnson one of the
next of kin of said Testatrix, having in writing, waived further notice
and consented to the probate of said Will, it is ordered that due
notice of the filing of said Will, and of the application to admit the
same to probate and record, be given to Harrison Johnson. Har:
:ry Neff. Seymour Neff. Lizzie Neff. Samuel Neff. Mary
Oller. Lizzie Oller and John Oller. next of kin of the
Testatrix, resident of the State of Ohio, that said application will
be for hearing before this Court, on the 21st day of September. A.
D.1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of_ Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Elizabeth Johnson. deceased. }
To the Hon. N.F. Overturf. Judge of the Probate
Court in and for said County:
Your petitioner respectfully represents, that
Elizabeth Johnson, late a resident of the Township of Harlem in said
County, died on or about the 30th day of August A.D.1889, leaving
an instrument in writing, hereto attached, purporting to be her last
Will and Testament. That the said Elizabeth Johnson died leaving
no widower, and the following named persons her only next of kin
resident of the State of Ohio.
Name Age of Degree of Kinship. P.O. Address
Address.
Alonzo L. Johnson Son. Harlem Ohio
Harrison Johnson " Ohio.
Laura Kidwell Grand-child Indiana.
Harry Neff " " Ohio
Seymour Neff 7 or 8 " " "
Lizzie Neff 14 " " "
Samuel Neff 12 " " "
Mary Oller " " Ohio
Lizzie Oller " " "
John Oller. " " "
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 461)
Description
[page 461]
[corresponds to page 395 of Delaware County Will Records Vol. 8 1887-1890]
395
Elisabeth Johnson's Will
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
A. L. Johnson.
The foregoing application was signed in my presence and sworn
to before me, this 4th day of September A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Waiver
I, the undersigned, next of kin, of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 4th day of Sept. A.D. 1889.
A.L. Johnson.
Notice.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the matter of the last Will and Testament
of Elizabeth Johnson, deceased.
To Alonzo Johnson.
You are hereby commanded to notify Har:
=rison Johnson - Harry Neff. Seymour Neff. Lizzie Neff _
Samuel Neff- Marry Oller. Lizzie Oller. and John Oller.
that on the 4th day of Sept. A.D.1889. an instrument of writing,
purporting to be the last Will and Testament of Elizabeth Johnson,
late of Harlem Township, in said County deceased, was produced in
said Court, and an application to admit the same to probate was on
the same day made in said Court. Said application will be for-
hearing before this Court on the 21st day of September A.D.
1889. at 10 o'clock A.M.
Witness my hand and the seal of said Probate
Court, at Delaware. Ohio, this 4th day of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio }
Delaware County.ss }
Alonzo Johnson being duly sworn, says
that on the 5th day of September A.D.1889, he served the within
notice by delivering a true copy thereof to the within named Har:
:rison Johnson. Harry Neff. Seymour Neff. Lizzie Neff.
Samuel Neff. Mary Oller Brant - Lizzier Oller Couold
and John Oller
A.L. Johnson.
[corresponds to page 395 of Delaware County Will Records Vol. 8 1887-1890]
395
Elisabeth Johnson's Will
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
A. L. Johnson.
The foregoing application was signed in my presence and sworn
to before me, this 4th day of September A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Waiver
I, the undersigned, next of kin, of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 4th day of Sept. A.D. 1889.
A.L. Johnson.
Notice.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the matter of the last Will and Testament
of Elizabeth Johnson, deceased.
To Alonzo Johnson.
You are hereby commanded to notify Har:
=rison Johnson - Harry Neff. Seymour Neff. Lizzie Neff _
Samuel Neff- Marry Oller. Lizzie Oller. and John Oller.
that on the 4th day of Sept. A.D.1889. an instrument of writing,
purporting to be the last Will and Testament of Elizabeth Johnson,
late of Harlem Township, in said County deceased, was produced in
said Court, and an application to admit the same to probate was on
the same day made in said Court. Said application will be for-
hearing before this Court on the 21st day of September A.D.
1889. at 10 o'clock A.M.
Witness my hand and the seal of said Probate
Court, at Delaware. Ohio, this 4th day of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio }
Delaware County.ss }
Alonzo Johnson being duly sworn, says
that on the 5th day of September A.D.1889, he served the within
notice by delivering a true copy thereof to the within named Har:
:rison Johnson. Harry Neff. Seymour Neff. Lizzie Neff.
Samuel Neff. Mary Oller Brant - Lizzier Oller Couold
and John Oller
A.L. Johnson.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 462)
Description
[page 462]
[corresponds to page 396 of Delaware County Will Records Vol. 8 1887-1890]
396
Elizabeth Johnson's Will
Subscribed in my presence and sworn to before me this 21st day of
September A.D.1889.
N.F. Overturf
Probate Judge
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court Harvey Sei:
:bring and James Cockrell. Jr. the subscribing witnesses to the last
Will and Testament of Elizabeth Johnson, late of Harlem Town-
=ship in said Delaware County, deceased; who being duly sworn ac:
=cording to law, to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and say: That
the paper before them bearing date the 11th day of July A.D.1885.
purporting to be the last Will and Testament of Elizabeth John=
=son, that they were present at the execution of said Will, and at the
request of the Testator, respectively subscribed their names to the
same as witnesses, in her presence; that they saw the said Eliza:
:beth Johnson, deceased, sign and seal said Will, and heard her
acknowledge the same to be her last Will and Testament, and that
the said Elizabeth Johnson at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory, and
not under any restraint.
Harvey Sebring
James Cockrell. Jr.
Sworn to and subscribed by said witnesses, in open Court, this
21st day of September A.D.1889.
N.F.Overturf.
{Seal} Probate Judge
Journal Entry
September 21st 1889,
In the Matter of the Will of }
Elizabeth Johnson. deceased. } Be it remembered, that heretofore,
to-wit:
on the 4 day of September. A.D. 1889,
an instrument of writing, purporting to be the last Will and Testa:
:ment of Elizabeth Johnson, late of Harlem Township, in this Coun:
:ty, deceased, was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of the Court, that
due notice of the filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given to Harri:
:son Johnson- Harry Neff. Seymour Neff - Lizzie Neff. Sam=
=uel Neff- Mary Oller Brant - Lizzie Oller Couold. and John
Oller (Alonzo L. Johnson having waived Notice) next of kin of the
Testator, resident of the State of Ohio pursuant to a former order of
this Court; therefore, on this day came Harvey Sebring and James
[corresponds to page 396 of Delaware County Will Records Vol. 8 1887-1890]
396
Elizabeth Johnson's Will
Subscribed in my presence and sworn to before me this 21st day of
September A.D.1889.
N.F. Overturf
Probate Judge
Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court Harvey Sei:
:bring and James Cockrell. Jr. the subscribing witnesses to the last
Will and Testament of Elizabeth Johnson, late of Harlem Town-
=ship in said Delaware County, deceased; who being duly sworn ac:
=cording to law, to speak the truth, the whole truth, and nothing but the
truth, in relation to the execution of said Will, depose and say: That
the paper before them bearing date the 11th day of July A.D.1885.
purporting to be the last Will and Testament of Elizabeth John=
=son, that they were present at the execution of said Will, and at the
request of the Testator, respectively subscribed their names to the
same as witnesses, in her presence; that they saw the said Eliza:
:beth Johnson, deceased, sign and seal said Will, and heard her
acknowledge the same to be her last Will and Testament, and that
the said Elizabeth Johnson at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory, and
not under any restraint.
Harvey Sebring
James Cockrell. Jr.
Sworn to and subscribed by said witnesses, in open Court, this
21st day of September A.D.1889.
N.F.Overturf.
{Seal} Probate Judge
Journal Entry
September 21st 1889,
In the Matter of the Will of }
Elizabeth Johnson. deceased. } Be it remembered, that heretofore,
to-wit:
on the 4 day of September. A.D. 1889,
an instrument of writing, purporting to be the last Will and Testa:
:ment of Elizabeth Johnson, late of Harlem Township, in this Coun:
:ty, deceased, was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of the Court, that
due notice of the filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given to Harri:
:son Johnson- Harry Neff. Seymour Neff - Lizzie Neff. Sam=
=uel Neff- Mary Oller Brant - Lizzie Oller Couold. and John
Oller (Alonzo L. Johnson having waived Notice) next of kin of the
Testator, resident of the State of Ohio pursuant to a former order of
this Court; therefore, on this day came Harvey Sebring and James
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 463)
Description
[page 463]
[corresponds to page 397 of Delaware County Will Records Vol. 8 1887-1890]
397
Elizabeth Johnson's Will
Cockrell, Jr. the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them respectively sub=
=scribed, and filed with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will and Testament
of said Elizabeth Johnson, deceased, That the same was duly ex=
=ecuted and attested; and that the said Testator, at the time of mak=
=ing, signing and sealing said Will, was of full age. of sound mind and
memory, and not under any restraint. It is, therefore, by the Court.
ordered, that the said Will be admitted to probate, and that the same,
together with the testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of Will
In the name of the benevolent Father of All I Elizabeth Johnson
of Harlem Township. Delaware County. Ohio, do make and publish
this my last Will and Testament.
Item 1st I devise and bequeath to my Grand Children Laura Kidwell -
Harry Neff. Welton Neff - Lizzie Neff - Samuel Neff. Sewmour
Neff each Forty five ($45.00) Dollars of my Estate.
Item 2nd To my Grand children Mary Oller- Lizzie Oller- John Oller I
have already given to each one Fifty Dollars (50.00) of my estate
which is all I have for them and they will not have any claim
whatever in my estate.
Item 3rd I devise bequeath to my Sons Alonza Johnson and Harrison John=
=son equal all of my estate chattles, Notes and Money after pay:
=ing Forty five ($45.00) Dollars to each of the heirs mentioned in
Item 1st.
Item 4th I do hereby nominate and appoint my Sons Alonzo Johnson and
Harrison
Johnson Executors of this my last Will and Testament authorizing
and empowering them to compromise adjust release and discharge in
such a manner as they deem proper the debts and claims due me.
This instrument to be kept by Alonzo Johnson until my death.
In Testimony hereof I have hereunto set my hand and seal this
11th day of July. 1885. her
Elizabeth X Johnson. {Seal}
mark
Signed and acknowledged by said Elizabeth Johnson as her last
Will and Testament in our presence and signed by us in her
presence.
Harvey Sebring.
James Cockrell. Jr.
Executed by me the subscriber a Justice of the peace of Harlem
Township. Delaware County. Ohio this eleventh day of July.
1885.
James Cockrell. J.P.
[corresponds to page 397 of Delaware County Will Records Vol. 8 1887-1890]
397
Elizabeth Johnson's Will
Cockrell, Jr. the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said Will.
Which testimony was reduced to writing, by them respectively sub=
=scribed, and filed with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will and Testament
of said Elizabeth Johnson, deceased, That the same was duly ex=
=ecuted and attested; and that the said Testator, at the time of mak=
=ing, signing and sealing said Will, was of full age. of sound mind and
memory, and not under any restraint. It is, therefore, by the Court.
ordered, that the said Will be admitted to probate, and that the same,
together with the testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Copy of Will
In the name of the benevolent Father of All I Elizabeth Johnson
of Harlem Township. Delaware County. Ohio, do make and publish
this my last Will and Testament.
Item 1st I devise and bequeath to my Grand Children Laura Kidwell -
Harry Neff. Welton Neff - Lizzie Neff - Samuel Neff. Sewmour
Neff each Forty five ($45.00) Dollars of my Estate.
Item 2nd To my Grand children Mary Oller- Lizzie Oller- John Oller I
have already given to each one Fifty Dollars (50.00) of my estate
which is all I have for them and they will not have any claim
whatever in my estate.
Item 3rd I devise bequeath to my Sons Alonza Johnson and Harrison John=
=son equal all of my estate chattles, Notes and Money after pay:
=ing Forty five ($45.00) Dollars to each of the heirs mentioned in
Item 1st.
Item 4th I do hereby nominate and appoint my Sons Alonzo Johnson and
Harrison
Johnson Executors of this my last Will and Testament authorizing
and empowering them to compromise adjust release and discharge in
such a manner as they deem proper the debts and claims due me.
This instrument to be kept by Alonzo Johnson until my death.
In Testimony hereof I have hereunto set my hand and seal this
11th day of July. 1885. her
Elizabeth X Johnson. {Seal}
mark
Signed and acknowledged by said Elizabeth Johnson as her last
Will and Testament in our presence and signed by us in her
presence.
Harvey Sebring.
James Cockrell. Jr.
Executed by me the subscriber a Justice of the peace of Harlem
Township. Delaware County. Ohio this eleventh day of July.
1885.
James Cockrell. J.P.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 464)
Description
[page 464]
[corresponds to page 398 of Delaware County Will Records Vol. 8 1887-1890]
398
Abraham Worline's Will
Journal Entry.
October 8th 1889.
In the Matter of the Will of
Abraham Worline, deceased. This day, an instrument of writing,
purporting to be the last Will and
Testament of Abraham Worline, late of Troy Township, in this Coun=
=ty, deceased, was produced in open Court for Probate, On consid:
=eration whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to admit
the same to probate and record, be given to Rebecca Worline, his
widow, and Daniel Worline (Rebecca Schultz - Edward Worline
and Nathan Worline having this day, in writing, waived further
notice and consented to the probate of said Will) next of kin of
the Testator, resident of the State of Ohio, that said application
will be for hearing before this Court on the 12th day of October
A.D.1889. at 11 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the Last Will }
and Testament of Abraham } Application to Admit to Probate
Worline, deceased. ~ }
To the Hon. N.F. Overturf. Judge
of the Probate Court in and for said County
Your petitioner respectfully represents
that Abraham Worline, late a resident of the Township of Troy
in said County, died on or about the 6th day of October A.D. 1889,
leaving an instrument in writing, hereto attached, purporting to be
his
last Will and Testament. That the said Abraham Worline died
leaving Rebecca Worline, widow and the following named persons
his only next of kin resident of the State of Ohio:
Names Degree of Kinship P.O. Address
Daniel Worline Son Ashley. Ohio
Rebecca Schultz Daughter Convoy. Ohio
Edwin Worline Son Convoy Ohio
Nathan Worline " Vanwert Ohio
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Rebecca Schultz.
The foregoing application was signed in my presence and sworn to
before me, this 8th day of October. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 398 of Delaware County Will Records Vol. 8 1887-1890]
398
Abraham Worline's Will
Journal Entry.
October 8th 1889.
In the Matter of the Will of
Abraham Worline, deceased. This day, an instrument of writing,
purporting to be the last Will and
Testament of Abraham Worline, late of Troy Township, in this Coun=
=ty, deceased, was produced in open Court for Probate, On consid:
=eration whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to admit
the same to probate and record, be given to Rebecca Worline, his
widow, and Daniel Worline (Rebecca Schultz - Edward Worline
and Nathan Worline having this day, in writing, waived further
notice and consented to the probate of said Will) next of kin of
the Testator, resident of the State of Ohio, that said application
will be for hearing before this Court on the 12th day of October
A.D.1889. at 11 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the Last Will }
and Testament of Abraham } Application to Admit to Probate
Worline, deceased. ~ }
To the Hon. N.F. Overturf. Judge
of the Probate Court in and for said County
Your petitioner respectfully represents
that Abraham Worline, late a resident of the Township of Troy
in said County, died on or about the 6th day of October A.D. 1889,
leaving an instrument in writing, hereto attached, purporting to be
his
last Will and Testament. That the said Abraham Worline died
leaving Rebecca Worline, widow and the following named persons
his only next of kin resident of the State of Ohio:
Names Degree of Kinship P.O. Address
Daniel Worline Son Ashley. Ohio
Rebecca Schultz Daughter Convoy. Ohio
Edwin Worline Son Convoy Ohio
Nathan Worline " Vanwert Ohio
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Rebecca Schultz.
The foregoing application was signed in my presence and sworn to
before me, this 8th day of October. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 465)
Description
[page 465]
[corresponds to page 399 of Delaware County Will Records Vol. 8 1887-1890]
399
Abraham Worline's Will
Waiver
We, the undersigned Next of kin, Residents of the State of Ohio,
of the within named decedent, hereby waive further notice, and
consent to the probate of said Will.
Dated this 8th day of October.A.D.1889.
Rebecca Schultz.
Edward Worline
Nathan Worline
Notice.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the matter of the last Will and Testament
of Abraham Worline, deceased.
To Wilbert Main:
You are hereby commanded to notify
Rebecca Worline and Daniel Worline, that on the 8th day of
Oct. A.D. 1889. an instrument of writing. purporting to be the
last Will and Testament of Abraham Worline, late of Troy Town=
=ship, in said County deceased, was produced in said Court, and
an application to admit the same to probate was on the same day
made in said Court. Said application will be for hearing before
this Court on the 12th day of October A.D.1889. at 11 o'clock AM
Witness my hand and the seal of said Probate Court at
Delaware Ohio, this 8th day of October. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service.
The State of Ohio }
Delaware County.ss. } Wilbert Main being duly sworn, says that on
the 8th & 9th days of October A.D.1889. he served
the within notice by delivering a true copy thereof to the within
named
Rebecca Worline and Daniel Worline.
Wilbert Main.
Subscribed in my presence and sworn to before me this 14th day of
October A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
October 12th 1889. Journal Entry.
In the Matter of the Will of
Abraham Worline, deceased. This day, this cause came on for
hearing. and
Wilbert Main, to whom Notice was
issued
to be served on the Widow, and next of kin, failing to appear, the
hearing
of said Will is continued until the 14th day of October A.D.1889. at 2
o'clock P.M.
N.F. Overturf
Probate Judge.
[corresponds to page 399 of Delaware County Will Records Vol. 8 1887-1890]
399
Abraham Worline's Will
Waiver
We, the undersigned Next of kin, Residents of the State of Ohio,
of the within named decedent, hereby waive further notice, and
consent to the probate of said Will.
Dated this 8th day of October.A.D.1889.
Rebecca Schultz.
Edward Worline
Nathan Worline
Notice.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the matter of the last Will and Testament
of Abraham Worline, deceased.
To Wilbert Main:
You are hereby commanded to notify
Rebecca Worline and Daniel Worline, that on the 8th day of
Oct. A.D. 1889. an instrument of writing. purporting to be the
last Will and Testament of Abraham Worline, late of Troy Town=
=ship, in said County deceased, was produced in said Court, and
an application to admit the same to probate was on the same day
made in said Court. Said application will be for hearing before
this Court on the 12th day of October A.D.1889. at 11 o'clock AM
Witness my hand and the seal of said Probate Court at
Delaware Ohio, this 8th day of October. A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service.
The State of Ohio }
Delaware County.ss. } Wilbert Main being duly sworn, says that on
the 8th & 9th days of October A.D.1889. he served
the within notice by delivering a true copy thereof to the within
named
Rebecca Worline and Daniel Worline.
Wilbert Main.
Subscribed in my presence and sworn to before me this 14th day of
October A.D.1889.
N.F. Overturf
{Seal} Probate Judge.
October 12th 1889. Journal Entry.
In the Matter of the Will of
Abraham Worline, deceased. This day, this cause came on for
hearing. and
Wilbert Main, to whom Notice was
issued
to be served on the Widow, and next of kin, failing to appear, the
hearing
of said Will is continued until the 14th day of October A.D.1889. at 2
o'clock P.M.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 466)
Description
[page 466]
[corresponds to page 400 of Delaware County Will Records Vol. 8 1887-1890]
400
Abraham Worline's Will
Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
Personally appeared in open Court Wil=
=liam J. Davis and Henry J. Eaton the subscribing witnesses
to the last Will and Testament of Abraham Worline, late of
Troy Township in said Delaware County, deceased; who being
duly sworn according to law, to speak the truth, the whole truth
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing
date the 26th day of December A.D. 1888. purporting to be the
last Will and Testament of Abraham Worline now deceased,
is the Will of said deceased Abraham Worline, that they
were present at the execution of said Will, and at the request
of the Testator, respectively subscribed their names to the same
as witnesses, in his presence; that they saw the said Abraham
Worline, deceased, sign and seal said Will, and heard him ac:
=knowledge the same to be his last Will and Testament, and
that the said Abraham Worline, at the time of making, sign=
=ing and sealing said Will, was of full age, of sound mind and
memory and not under any restraint.
William J. Davis
Henry J. Eaton.
Sworn to and subscribed by said Witnesses, in open Court, this
14th day of October A.D.1889,
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
October 14th 1889.
In the Matter of the Will of }
Abraham Worline, deceased. } Be it remembered, that heretofore,
to-wit:
in the 8th day of October A.D.1889.
an instrument of writing, purporting to be last Will and
Testament of Abraham Worline, late of Troy Township, in
this County, deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of
the application to admit the same to probate and record in this
Court, has been given to Rebecca Worline, widow, and Daniel
Worline (Rebecca Schultz. Edward Worline and Nathan
Worline having waived Notice) next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order of
this Court; therefore, on this day came William J. Davis
and Henry J. Eaton the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attesta:
=tion of said Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with said Will, where=
[corresponds to page 400 of Delaware County Will Records Vol. 8 1887-1890]
400
Abraham Worline's Will
Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
Personally appeared in open Court Wil=
=liam J. Davis and Henry J. Eaton the subscribing witnesses
to the last Will and Testament of Abraham Worline, late of
Troy Township in said Delaware County, deceased; who being
duly sworn according to law, to speak the truth, the whole truth
and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing
date the 26th day of December A.D. 1888. purporting to be the
last Will and Testament of Abraham Worline now deceased,
is the Will of said deceased Abraham Worline, that they
were present at the execution of said Will, and at the request
of the Testator, respectively subscribed their names to the same
as witnesses, in his presence; that they saw the said Abraham
Worline, deceased, sign and seal said Will, and heard him ac:
=knowledge the same to be his last Will and Testament, and
that the said Abraham Worline, at the time of making, sign=
=ing and sealing said Will, was of full age, of sound mind and
memory and not under any restraint.
William J. Davis
Henry J. Eaton.
Sworn to and subscribed by said Witnesses, in open Court, this
14th day of October A.D.1889,
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
October 14th 1889.
In the Matter of the Will of }
Abraham Worline, deceased. } Be it remembered, that heretofore,
to-wit:
in the 8th day of October A.D.1889.
an instrument of writing, purporting to be last Will and
Testament of Abraham Worline, late of Troy Township, in
this County, deceased, was produced in open Court for probate,
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of
the application to admit the same to probate and record in this
Court, has been given to Rebecca Worline, widow, and Daniel
Worline (Rebecca Schultz. Edward Worline and Nathan
Worline having waived Notice) next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order of
this Court; therefore, on this day came William J. Davis
and Henry J. Eaton the subscribing witnesses to said Will,
who being duly sworn, testified to the due execution and attesta:
=tion of said Will. Which testimony was reduced to writing,
by them respectively subscribed, and filed with said Will, where=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 467)
Description
[page 467]
[corresponds to page 401 of Delaware County Will Records Vol. 8 1887-1890]
401
Abraham Worline's Will
=upon the Court finds that the aforesaid instrument of writing
is the last Will and Testament of said Abraham Worline,
deceased. That the same was duly executed and attested; and
that the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
[Paragraph Heading in left sidebar: "Article of Agreement filed with
Will"]
Copy of Will
The Last Will and Testament
of
Abraham Worline
Of Troy Township. Delaware County. Ohio
In the Name of the Benevolent Father of All: I, the said
Abraham Worline, being of sound and disposing mind and mem:
=ory, considering the uncertainty of continuance in life, and desiring
to make such disposition of my worldly estate as I deem best,
do make, publish and declare, this to be my last Will and Testa=
=ment; hereby revoking and annulling any and all former Will
or Wills whatsoever by me made.
Item First: I desire all my just debts and funeral expenses to be
paid, as
soon as possible after my decease, out of money then on hand or ow=
=ing to me.
Item Second: I give and bequeath to my beloved wife, Rebecca
Worline
who has been my faithful industrious & economical compan=
=ion, lo, these many years, if she be living at my decease,
as follows: First, the use so long as she shall live of all
the money & property real & personal of which I may be the
owner at my decease, & if that should not be found sufficient
for her good & comfortable support, then, Second, my Exec=
=utor hereinafter named, shall make up from & expend of
the principal of all money belonging to my estate, so much as
he may find the said use of my estate to lack in supporting
her; & Third, if the money belonging to my estate should
at any time be exhausted in the support of said Rebecca
Worline, then my Executor is hereby authorized & required to
sell all real estate belonging to my estate, & expend of the pro:
=ceeds for the good & comfortable support of my said wife all that
he may find necessary. It being my Will, that the said
Rebecca Worline shall have out of my estate as good &
[corresponds to page 401 of Delaware County Will Records Vol. 8 1887-1890]
401
Abraham Worline's Will
=upon the Court finds that the aforesaid instrument of writing
is the last Will and Testament of said Abraham Worline,
deceased. That the same was duly executed and attested; and
that the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
[Paragraph Heading in left sidebar: "Article of Agreement filed with
Will"]
Copy of Will
The Last Will and Testament
of
Abraham Worline
Of Troy Township. Delaware County. Ohio
In the Name of the Benevolent Father of All: I, the said
Abraham Worline, being of sound and disposing mind and mem:
=ory, considering the uncertainty of continuance in life, and desiring
to make such disposition of my worldly estate as I deem best,
do make, publish and declare, this to be my last Will and Testa=
=ment; hereby revoking and annulling any and all former Will
or Wills whatsoever by me made.
Item First: I desire all my just debts and funeral expenses to be
paid, as
soon as possible after my decease, out of money then on hand or ow=
=ing to me.
Item Second: I give and bequeath to my beloved wife, Rebecca
Worline
who has been my faithful industrious & economical compan=
=ion, lo, these many years, if she be living at my decease,
as follows: First, the use so long as she shall live of all
the money & property real & personal of which I may be the
owner at my decease, & if that should not be found sufficient
for her good & comfortable support, then, Second, my Exec=
=utor hereinafter named, shall make up from & expend of
the principal of all money belonging to my estate, so much as
he may find the said use of my estate to lack in supporting
her; & Third, if the money belonging to my estate should
at any time be exhausted in the support of said Rebecca
Worline, then my Executor is hereby authorized & required to
sell all real estate belonging to my estate, & expend of the pro:
=ceeds for the good & comfortable support of my said wife all that
he may find necessary. It being my Will, that the said
Rebecca Worline shall have out of my estate as good &
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 468)
Description
[page 468]
[corresponds to page 402 of Delaware County Will Records Vol. 8 1887-1890]
402
Abraham Worline's Will
comfortable support as long as she shall live as she has
whilst I am living, if it shall take & use up the whole es=
=tate, for she is worthy. Said Real Estate consists of the
26 acres of land, more or less, where we now reside & is situ:
=ated in the State of Ohio, Delaware County, Troy Town=
=ship. Range 19. Township 5. Section One, U.S.W. Sur:
=vey & is described on the tax duplicate of said County as the
North part of Lots Nos 26 & 28, & is bounded on the north by
land of Clinton Main, & on the east & south by Simpson's
land, & on the West by the land sold by my son, Ed Worline
to Dix. My Executor, if it should become necessary as afore=
=said, during the life of my wife to sell said real estate for her
support, may sell it at public or private sale & upon such
terms & for such price as he may think best & deeds in fee-
simple to purchasers to execute & deliver
Item Third: I do give & bequeath to my beloved grand-daughter
Rebecca
Worline daughter of Abraham Worline, Jr. deceased & who is
now residing within four miles (about,) of Pleasant Hill .
Cass County . Missouri, the sum of One Hundred Dollars,
to be paid to her as soon after the decease of my wife, (of after my
deceased if I outlive her,) as it can conveniently be collected.
Item Fourth: To my beloved sons Nathan & Edward & beloved daughter
Re:
=becca widow of Wm Dix all of Van Wert County. Ohio. I do
give & bequeath all of my estate real & personal, that may be left
after filling all the requirements of the three foregoing items, in:
=cluding the payment of the expenses of the last sickness & funeral
of my said wife, & the erection by my Executor of a suitable
monument on my lot in the old cemetery in the City of Dela:
=ware Ohio. All to be equally divided among said three child=
:ren, only the said Rebecca shall receive & be charged with as
a part of her share of one third with her note to me for the
Three Hundred & Twenty Dollars, which I gave to her about
eighteen months ago. She shall not be charged with any interest
thereon but shall take it at $320.
Item Fifth: I authorize & direct my Executor at my decease, if my
said
wife be still living, to take the charge & management of said real
estate, she to live thereon or not as she may choose, & also to take
the charge & management of all my money & personal estate, keep
said real estate in good repair pay the taxes thereon, & see
that she is carefully & comfortably provided for as hereinbefore di=
=rected & at her decease, (if not previously sold for the support of
my wife as above directed,) or at my decease, if I outlive her,
he shall sell said real estate at public or private sale & for such
price & upon such terms as he may think best & deeds in fee-
simple to purchasers to execute & deliver & he shall turn all per=
=sonal property belonging to my estate into money at public or
private sale for such prices & upon such terms as he judges
for the best interests of all concerned & after paying all debts &
[corresponds to page 402 of Delaware County Will Records Vol. 8 1887-1890]
402
Abraham Worline's Will
comfortable support as long as she shall live as she has
whilst I am living, if it shall take & use up the whole es=
=tate, for she is worthy. Said Real Estate consists of the
26 acres of land, more or less, where we now reside & is situ:
=ated in the State of Ohio, Delaware County, Troy Town=
=ship. Range 19. Township 5. Section One, U.S.W. Sur:
=vey & is described on the tax duplicate of said County as the
North part of Lots Nos 26 & 28, & is bounded on the north by
land of Clinton Main, & on the east & south by Simpson's
land, & on the West by the land sold by my son, Ed Worline
to Dix. My Executor, if it should become necessary as afore=
=said, during the life of my wife to sell said real estate for her
support, may sell it at public or private sale & upon such
terms & for such price as he may think best & deeds in fee-
simple to purchasers to execute & deliver
Item Third: I do give & bequeath to my beloved grand-daughter
Rebecca
Worline daughter of Abraham Worline, Jr. deceased & who is
now residing within four miles (about,) of Pleasant Hill .
Cass County . Missouri, the sum of One Hundred Dollars,
to be paid to her as soon after the decease of my wife, (of after my
deceased if I outlive her,) as it can conveniently be collected.
Item Fourth: To my beloved sons Nathan & Edward & beloved daughter
Re:
=becca widow of Wm Dix all of Van Wert County. Ohio. I do
give & bequeath all of my estate real & personal, that may be left
after filling all the requirements of the three foregoing items, in:
=cluding the payment of the expenses of the last sickness & funeral
of my said wife, & the erection by my Executor of a suitable
monument on my lot in the old cemetery in the City of Dela:
=ware Ohio. All to be equally divided among said three child=
:ren, only the said Rebecca shall receive & be charged with as
a part of her share of one third with her note to me for the
Three Hundred & Twenty Dollars, which I gave to her about
eighteen months ago. She shall not be charged with any interest
thereon but shall take it at $320.
Item Fifth: I authorize & direct my Executor at my decease, if my
said
wife be still living, to take the charge & management of said real
estate, she to live thereon or not as she may choose, & also to take
the charge & management of all my money & personal estate, keep
said real estate in good repair pay the taxes thereon, & see
that she is carefully & comfortably provided for as hereinbefore di=
=rected & at her decease, (if not previously sold for the support of
my wife as above directed,) or at my decease, if I outlive her,
he shall sell said real estate at public or private sale & for such
price & upon such terms as he may think best & deeds in fee-
simple to purchasers to execute & deliver & he shall turn all per=
=sonal property belonging to my estate into money at public or
private sale for such prices & upon such terms as he judges
for the best interests of all concerned & after paying all debts &
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 469)
Description
[page 469]
[corresponds to page 403 of Delaware County Will Records Vol. 8 1887-1890]
403
Abraham Worline's Will
funeral expenses of myself & wife & erecting said monument,
& paying said legacy of One Hundred Dollars, in Item
Third, divide the net proceeds as above in Item Fourth
directed.
I nominate and appoint my respected friend and neighbor
Lewis Bush to be the Executor of this Will.
In Witness Whereof, I have
hereunto set my hand and seal this twenty sixth day of
December, in the year eighteen hundred and eighty eight.
his
Abraham X Worline . {Seal}
mark
Signed, sealed, and acknowledged, by said Abraham Worline as
and for his last Will and Testament, in our presence, and
subscribed and attested by us, as witnesses, in his presence, and
at his request, & in the presence of each other.
William J. Davis
Henry J. Eaton
Article of Agreement filed with Will
[corresponds to page 403 of Delaware County Will Records Vol. 8 1887-1890]
403
Abraham Worline's Will
funeral expenses of myself & wife & erecting said monument,
& paying said legacy of One Hundred Dollars, in Item
Third, divide the net proceeds as above in Item Fourth
directed.
I nominate and appoint my respected friend and neighbor
Lewis Bush to be the Executor of this Will.
In Witness Whereof, I have
hereunto set my hand and seal this twenty sixth day of
December, in the year eighteen hundred and eighty eight.
his
Abraham X Worline . {Seal}
mark
Signed, sealed, and acknowledged, by said Abraham Worline as
and for his last Will and Testament, in our presence, and
subscribed and attested by us, as witnesses, in his presence, and
at his request, & in the presence of each other.
William J. Davis
Henry J. Eaton
Article of Agreement filed with Will
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 470)
Description
[page 470]
[corresponds to page 404 of Delaware County Will Records Vol. 8 1887-1890]
404
Permelia Cornell's Will
Journal Entry.
September 23rd 1889.
In the Matter of the Will of }
Permelia Cornell, deceased. } This day, an instrument of writing,
purport:
=ing to be the last Will and Testament
of Permelia Cornell, late of Berkshire Township, in this Coun=
=ty, deceased, was produced in open Court for Probate; On consid=
=eration whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to admit
the same to probate and record be given to George Cornell -
Mary Comstock - Briggs T. Cornell - and Betsey B. Carpenter
H.H. Cornell and H. L. Dustin, having, in writing, waived furth:
=er notice and consented to the probate of said Will) next of kin
of the Testatrix, resident of the State of Ohio, that said applica=
=tion will be for hearing before this Court on this 2nd day of October.
A.D.1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last Will }
and Testament of Permelia } Application to Admit to Probate.
Cornell, Deceased. ~ }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Permelia Cornell, late a resident of the Township of Berk:
=shire, in said County, died on or about the 14th day of September.
A D.1889 leaving an instrument in writing, hereto attached, pur:
=porting to be her last Will and Testament: That the said
Permelia Cornell, died leaving no person her widower, and the
following named persons his only next of kin resident of the
State of Ohio:
Names Degree of Kinship P.o. Address.
John A. Cornell Son Adatin. Ill.
Sabina Filbrick Oregon. Mo.
George Cornell Son St Mary's Ohio.
Mary Comstock Flint Fran. Co.
Briggs T. Cornell Galena Ohio
Betsey B. Carpenter Delaware. O.
Hannah Dustin Galena. O.
Clay Cornell. Sunbury. O:
Your petitioner prays that a time may be fixed for the proving of
[corresponds to page 404 of Delaware County Will Records Vol. 8 1887-1890]
404
Permelia Cornell's Will
Journal Entry.
September 23rd 1889.
In the Matter of the Will of }
Permelia Cornell, deceased. } This day, an instrument of writing,
purport:
=ing to be the last Will and Testament
of Permelia Cornell, late of Berkshire Township, in this Coun=
=ty, deceased, was produced in open Court for Probate; On consid=
=eration whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to admit
the same to probate and record be given to George Cornell -
Mary Comstock - Briggs T. Cornell - and Betsey B. Carpenter
H.H. Cornell and H. L. Dustin, having, in writing, waived furth:
=er notice and consented to the probate of said Will) next of kin
of the Testatrix, resident of the State of Ohio, that said applica=
=tion will be for hearing before this Court on this 2nd day of October.
A.D.1889. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last Will }
and Testament of Permelia } Application to Admit to Probate.
Cornell, Deceased. ~ }
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Permelia Cornell, late a resident of the Township of Berk:
=shire, in said County, died on or about the 14th day of September.
A D.1889 leaving an instrument in writing, hereto attached, pur:
=porting to be her last Will and Testament: That the said
Permelia Cornell, died leaving no person her widower, and the
following named persons his only next of kin resident of the
State of Ohio:
Names Degree of Kinship P.o. Address.
John A. Cornell Son Adatin. Ill.
Sabina Filbrick Oregon. Mo.
George Cornell Son St Mary's Ohio.
Mary Comstock Flint Fran. Co.
Briggs T. Cornell Galena Ohio
Betsey B. Carpenter Delaware. O.
Hannah Dustin Galena. O.
Clay Cornell. Sunbury. O:
Your petitioner prays that a time may be fixed for the proving of
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 471)
Description
[page 471]
[corresponds to page 405 of Delaware County Will Records Vol. 8 1887-1890]
405
Permelia Cornell's Will
said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
H.C.Cornell
The foregoing application was signed in my presence and sworn
to before me, this 23rd day of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 23rd day of September A.D. 1889,
H.C.Cornell
H.L.Dustin .
Notice.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and Testa=
=ment of Permelia Cornell, deceased:
To H. C. Cornell:
You are hereby commanded to noti=
=fy George Cornell - Mary Comstock - Briggs T. Cornell -
and Betsy B. Carpenter. ~ that on the 23rd day of September.
A.D.1889 an instrument of writing, purporting to be the last
Will and Testament of Permelia Cornell, late of Berkshire
Township, in said County, deceased, was produced in said Court,
and an application to admit the same to probate was on the same
day made in said Court. Said application will be for hearing
before this Court on the 2nd day of October A.D.1889. at 10 o'clock
A.M.
Witness my hand and the seal of said Probate Court,
at Delaware, Ohio, this 23rd day of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio }
Delaware County.ss } H.C.Cornell being duly sworn, says that
on the day of September A.D.1889. he
served the within notice by delivering a true copy thereof to the
with=
=in named George Cornell- Mary Comstock- Briggs T. Cornell .
Betsey B. Carpenter.
H.C.Cornell
Subscribed in my presence and sworn to before me this 2nd day of Oc:
:tober. A.D. 1889.
{Seal} N.F. Overturf. Probate Judge
[corresponds to page 405 of Delaware County Will Records Vol. 8 1887-1890]
405
Permelia Cornell's Will
said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
H.C.Cornell
The foregoing application was signed in my presence and sworn
to before me, this 23rd day of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 23rd day of September A.D. 1889,
H.C.Cornell
H.L.Dustin .
Notice.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and Testa=
=ment of Permelia Cornell, deceased:
To H. C. Cornell:
You are hereby commanded to noti=
=fy George Cornell - Mary Comstock - Briggs T. Cornell -
and Betsy B. Carpenter. ~ that on the 23rd day of September.
A.D.1889 an instrument of writing, purporting to be the last
Will and Testament of Permelia Cornell, late of Berkshire
Township, in said County, deceased, was produced in said Court,
and an application to admit the same to probate was on the same
day made in said Court. Said application will be for hearing
before this Court on the 2nd day of October A.D.1889. at 10 o'clock
A.M.
Witness my hand and the seal of said Probate Court,
at Delaware, Ohio, this 23rd day of September A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio }
Delaware County.ss } H.C.Cornell being duly sworn, says that
on the day of September A.D.1889. he
served the within notice by delivering a true copy thereof to the
with=
=in named George Cornell- Mary Comstock- Briggs T. Cornell .
Betsey B. Carpenter.
H.C.Cornell
Subscribed in my presence and sworn to before me this 2nd day of Oc:
:tober. A.D. 1889.
{Seal} N.F. Overturf. Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 472)
Description
[page 472]
[corresponds to page 406 of Delaware County Will Records Vol. 8 1887-1890]
406
Permelia Cornell's Will
Journal Entry.
October 2nd 1889.
In the Matter of the Will of }
Permelia Cornell, deceased. } Be it remembered, that heretofore,
to-wit:
on the 23rd day of September AD 1889
an instrument of writing, purporting to be the last Will and Testa=
=ment of Permelia Cornell, late of Berkshire Township, in this
County, deceased, was produced in open Court for probate, and was
then filed. And it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the application
to admit the same to probate and record in this Court, has been
given to George Cornell- Mary Comstock - Briggs T. Cor=
=nell and Betsey B. Carpenter H.C.Cornell and H.L.Dus:
=tin having waived Notice) who being duly sworn, testified to the
due execution and attestation of said Will, which testimony
was reduced to writing, by him subscribed, and filed with said
Will. The further hearing of this Will is continued to the
7th day of October A.D.1889. to take the testimony of J.F. Jones,
the other subscribing witness to said Will.
N.F. Overturf
Probate Judge
Testimony of E. Brown
In Probate Court. ~ In the Matter of proving the last Will and
Delaware County. Ohio Testament of Permelia Cornell - Deceased
The State of Ohio }
Delaware County.ss } E. Brown, being duly sworn and examined as
a witness in the above entitled matter, says:
I was present at the execution of the instrument now shown to
me, bearing date the 12th day of June A.D.1874. and offered for pro:
=bate as the last Will and Testament of Permelia Cornell, late of
Berkshire Township, in said County of Delaware, deceased, and
saw the said Permelia Cornell, now deceased sign and seal said
instrument, and heard her acknowledge the same to be her last
Will and Testamentt; and I, thereupon, at her request, and in her
presence, subscribed my name to the same as a witness: The
said decedent, at the time of making, signing and sealing said in=
= strument, was of full age, of sound mind and memory, and not
under any restraint.
E. Brown
Sworn to and subscribed by said witness in open Court. this
2nd day of OctoberA.D.1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 406 of Delaware County Will Records Vol. 8 1887-1890]
406
Permelia Cornell's Will
Journal Entry.
October 2nd 1889.
In the Matter of the Will of }
Permelia Cornell, deceased. } Be it remembered, that heretofore,
to-wit:
on the 23rd day of September AD 1889
an instrument of writing, purporting to be the last Will and Testa=
=ment of Permelia Cornell, late of Berkshire Township, in this
County, deceased, was produced in open Court for probate, and was
then filed. And it now being shown to the satisfaction of the Court,
that due notice of the filing of said Will, and of the application
to admit the same to probate and record in this Court, has been
given to George Cornell- Mary Comstock - Briggs T. Cor=
=nell and Betsey B. Carpenter H.C.Cornell and H.L.Dus:
=tin having waived Notice) who being duly sworn, testified to the
due execution and attestation of said Will, which testimony
was reduced to writing, by him subscribed, and filed with said
Will. The further hearing of this Will is continued to the
7th day of October A.D.1889. to take the testimony of J.F. Jones,
the other subscribing witness to said Will.
N.F. Overturf
Probate Judge
Testimony of E. Brown
In Probate Court. ~ In the Matter of proving the last Will and
Delaware County. Ohio Testament of Permelia Cornell - Deceased
The State of Ohio }
Delaware County.ss } E. Brown, being duly sworn and examined as
a witness in the above entitled matter, says:
I was present at the execution of the instrument now shown to
me, bearing date the 12th day of June A.D.1874. and offered for pro:
=bate as the last Will and Testament of Permelia Cornell, late of
Berkshire Township, in said County of Delaware, deceased, and
saw the said Permelia Cornell, now deceased sign and seal said
instrument, and heard her acknowledge the same to be her last
Will and Testamentt; and I, thereupon, at her request, and in her
presence, subscribed my name to the same as a witness: The
said decedent, at the time of making, signing and sealing said in=
= strument, was of full age, of sound mind and memory, and not
under any restraint.
E. Brown
Sworn to and subscribed by said witness in open Court. this
2nd day of OctoberA.D.1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 473)
Description
[page 473]
[corresponds to page 407 of Delaware County Will Records Vol. 8 1887-1890]
407
Permelia Cornell's Estate.
Journal Entry.
October 7th 1889,
In the Matter of the Will of
Permelia Cornell. deceased. This day this cause came on to be
heard, and it now appearing to the
Court that J.F. Jones, the other subscribing witness to said
Will, is a resident of Clark County. Virginia, and is without
the jurisdiction of this Court, it is thereupon ordered, that a
Commission, with the Will annexed, issue herein , to Charles
M.Brown, of Clark County. Virginia, directing him to
take the testimony of said subscribing witness, and return the
same, according to law, with all convenient speed, to this Court.
N.F. Overturf
Probate Judge.
Commission
To Take Testimony of Witness to Will.
The State of Ohio } To Charles M Brown, Greeting:
Delaware County.ss. }
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
J. F.Jones on of the subscribing witnesses to the last Will
and Testament of Permelia Cornell hereto 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 J. F.Jones to be brought before you, and
then and there to examine on oath or affirmation first taken
before you, touching the due execution of said Will of the said Per=
=melia Cornell and that you reduce such examination to writing,
and return the same, together with this Commission and the
Will of the said Permelia Cornell thereto annexed, closed up
under your seal, into our said Probate Court, with all con=
=venient speed.
In Testimony WhereofI , N.F. Overturf -
Judge of the said Court, have hereunto set my hand and affixed
the seal of said Court, at Delaware Ohio, this 7th day of
October A.D.1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 407 of Delaware County Will Records Vol. 8 1887-1890]
407
Permelia Cornell's Estate.
Journal Entry.
October 7th 1889,
In the Matter of the Will of
Permelia Cornell. deceased. This day this cause came on to be
heard, and it now appearing to the
Court that J.F. Jones, the other subscribing witness to said
Will, is a resident of Clark County. Virginia, and is without
the jurisdiction of this Court, it is thereupon ordered, that a
Commission, with the Will annexed, issue herein , to Charles
M.Brown, of Clark County. Virginia, directing him to
take the testimony of said subscribing witness, and return the
same, according to law, with all convenient speed, to this Court.
N.F. Overturf
Probate Judge.
Commission
To Take Testimony of Witness to Will.
The State of Ohio } To Charles M Brown, Greeting:
Delaware County.ss. }
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
J. F.Jones on of the subscribing witnesses to the last Will
and Testament of Permelia Cornell hereto 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 J. F.Jones to be brought before you, and
then and there to examine on oath or affirmation first taken
before you, touching the due execution of said Will of the said Per=
=melia Cornell and that you reduce such examination to writing,
and return the same, together with this Commission and the
Will of the said Permelia Cornell thereto annexed, closed up
under your seal, into our said Probate Court, with all con=
=venient speed.
In Testimony WhereofI , N.F. Overturf -
Judge of the said Court, have hereunto set my hand and affixed
the seal of said Court, at Delaware Ohio, this 7th day of
October A.D.1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 474)
Description
[page 474]
[corresponds to page 408 of Delaware County Will Records Vol. 8 1887-1890]
408
Permelia Cornell's Will
Copy of Will
I, Permelia Cornell of Galena Delaware County. Ohio do
make and publish this my last Will and Testament.
First It is my will that my just debts and all charges be paid out
of my estate.
Item 2nd I give and devise all the residue of my estate, both real and
personal that I may be possessed of at the time of my death,
to my son Clay Cornell.
I do hereby revoke any and all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this 12th day of June in the year 1874.
Permelia Cornell {Seal}
Signed and acknowledged by said
Permelia Cornell as her last
Will and Testament in our presence,
and signed by us in her presence.
J.F. Jones
E. Brown.
Deposition of Witness to Will.
The State of Virginia } In the Matter of the last Will and Testament
Clark County.ss. } of Permelia Cornell.
Personally appeared before me Charles M. Brown, Commissioner,
J.F. Jones subscribing witness to the last Will and Testament
of Permelia Cornell, late of Berkshire Township in said Del:
=aware County, deceased, who being by me first duly sworn accord:
=ing to law, to speak the truth, the whole truth, and nothing by
the truth in relation to the execution of said Will, deposes and
says: That he was present at the execution of the paper before
him bearing date the 12th day of June A.D.1874, purporting to
be the last Will and Testament of Permelia Cornell now de=
=ceased, whose name is signed at the end thereof, and at the re:
:quest of said deceased, he subscribed his name to the same as a
witness in her presence; that he saw the said Permelia Cor:
=nell sign and seal said Will, and heard her acknowledge the
same to be her last Will and Testament; and that the said Per=
=melia Cornell at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not un=
=der any restraint.
J.F. Jones, Witness
Sworn to and subscribed before me, this 17th day of October. A.
D.1889.
Charles M. Brown
Commissioner
[corresponds to page 408 of Delaware County Will Records Vol. 8 1887-1890]
408
Permelia Cornell's Will
Copy of Will
I, Permelia Cornell of Galena Delaware County. Ohio do
make and publish this my last Will and Testament.
First It is my will that my just debts and all charges be paid out
of my estate.
Item 2nd I give and devise all the residue of my estate, both real and
personal that I may be possessed of at the time of my death,
to my son Clay Cornell.
I do hereby revoke any and all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this 12th day of June in the year 1874.
Permelia Cornell {Seal}
Signed and acknowledged by said
Permelia Cornell as her last
Will and Testament in our presence,
and signed by us in her presence.
J.F. Jones
E. Brown.
Deposition of Witness to Will.
The State of Virginia } In the Matter of the last Will and Testament
Clark County.ss. } of Permelia Cornell.
Personally appeared before me Charles M. Brown, Commissioner,
J.F. Jones subscribing witness to the last Will and Testament
of Permelia Cornell, late of Berkshire Township in said Del:
=aware County, deceased, who being by me first duly sworn accord:
=ing to law, to speak the truth, the whole truth, and nothing by
the truth in relation to the execution of said Will, deposes and
says: That he was present at the execution of the paper before
him bearing date the 12th day of June A.D.1874, purporting to
be the last Will and Testament of Permelia Cornell now de=
=ceased, whose name is signed at the end thereof, and at the re:
:quest of said deceased, he subscribed his name to the same as a
witness in her presence; that he saw the said Permelia Cor:
=nell sign and seal said Will, and heard her acknowledge the
same to be her last Will and Testament; and that the said Per=
=melia Cornell at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not un=
=der any restraint.
J.F. Jones, Witness
Sworn to and subscribed before me, this 17th day of October. A.
D.1889.
Charles M. Brown
Commissioner
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 475)
Description
[page 475]
[corresponds to page 409 of Delaware County Will Records Vol. 8 1887-1890]
409
Permelia Cornell's Will
The State of Virginia }
Clark County, ss. } I, Charles M. Brown, duly appointed
and commissioned by the Judge of the
Probate Court, of the County of Delaware and the State of
Ohio, to take the testimony of J.F.Jones subscribing witness
to the last Will and Testament of Permelia Cornell, deceased,
late a resident of said County and State, which Commission,
and the said Will are hereto annexed, do hereby certify that in
pursuance of said Commission, I caused the above named J.
F. Jones subscribing witness as aforesaid to appear before me,
at Berryville, Clark Co. Va. on the 17th day of October. 1889
that he was first duly sworn by me, according to law, to speak
the truth, the whole truth, and nothing but the truth, that
I examined him in relation to the execution of said Will, and
reduced his testimony to writing as above set forth in his pres=
=ence and that he signed the same in my presence, and I
further certify that I am not Counsel, Attorney. or Relative
of any of the parties named in said Will, or otherwise interes=
=ed in the Probate thereof.
In witness whereof I have hereunto set my hand,
this 17th day of October A.D.1889.
Charles M. Brown.
Commissioner.
Journal Entry
October 22 1889.
In the Matter of the Will of }
Permelia Cornell,deceased. } The Commission heretofore issued
herein to take the testimony of J.F.
Jones, one of the subscribing witnesses to the Will of said Permelia
Cornell, deceased, was this day returned duly executed, and the
same was filed herein. ~ And it appearing to the Court from
the examination of the former witness, and from the deposition
of the said J.F. Jones, that the aforesaid instrument of writing is
the last Will and Testament of said Permelia Cornell, de=
=ceased. That the same was duly executed and attested; and
that the said Testatrix. at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court ordered,
that the said Will be admitted to probate, and that the same,
together with the testimony of the witnesses above named, as well
as the proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
[corresponds to page 409 of Delaware County Will Records Vol. 8 1887-1890]
409
Permelia Cornell's Will
The State of Virginia }
Clark County, ss. } I, Charles M. Brown, duly appointed
and commissioned by the Judge of the
Probate Court, of the County of Delaware and the State of
Ohio, to take the testimony of J.F.Jones subscribing witness
to the last Will and Testament of Permelia Cornell, deceased,
late a resident of said County and State, which Commission,
and the said Will are hereto annexed, do hereby certify that in
pursuance of said Commission, I caused the above named J.
F. Jones subscribing witness as aforesaid to appear before me,
at Berryville, Clark Co. Va. on the 17th day of October. 1889
that he was first duly sworn by me, according to law, to speak
the truth, the whole truth, and nothing but the truth, that
I examined him in relation to the execution of said Will, and
reduced his testimony to writing as above set forth in his pres=
=ence and that he signed the same in my presence, and I
further certify that I am not Counsel, Attorney. or Relative
of any of the parties named in said Will, or otherwise interes=
=ed in the Probate thereof.
In witness whereof I have hereunto set my hand,
this 17th day of October A.D.1889.
Charles M. Brown.
Commissioner.
Journal Entry
October 22 1889.
In the Matter of the Will of }
Permelia Cornell,deceased. } The Commission heretofore issued
herein to take the testimony of J.F.
Jones, one of the subscribing witnesses to the Will of said Permelia
Cornell, deceased, was this day returned duly executed, and the
same was filed herein. ~ And it appearing to the Court from
the examination of the former witness, and from the deposition
of the said J.F. Jones, that the aforesaid instrument of writing is
the last Will and Testament of said Permelia Cornell, de=
=ceased. That the same was duly executed and attested; and
that the said Testatrix. at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and not
under any restraint. It is, therefore, by the Court ordered,
that the said Will be admitted to probate, and that the same,
together with the testimony of the witnesses above named, as well
as the proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 476)
Description
[page 476]
[corresponds to page 410 of Delaware County Will Records Vol. 8 1887-1890]
410
Margaret E. Scott's Will
Journal Entry.
November13th 1889.
In the Matter of the Will of }
Margaret E. Scott,deceased. } This day, an instrument of writing,
purporting to be the last Will and Tes:
=tament of Margaret E. Scott, late of Troy Township, in this Coun:
=ty, deceased, was produced in open Court for Probate; On Con=
=sideration Whereof, it is ordered that the said Will be filed in
this Court, and that due notice thereof, and of the application
to admit the same to probate and record, be given to James Scott
her widower, and Mariah Curtis- Henry Downing . Elizabeth
E. Deppen - Harriet Reiner - Margaret J. Darst and Ester
Amelia Ashbrook ( James Downing, having in writing, waiv:
=ed further notice and consented to the probate of said Will.)
next of kin of the Testatrix. resident of the State of Ohio, that
said application will be for hearing before this Court, on the 19th
day of November A.D.1889. at 10 o'clock A.M.
N.F.Overturf.
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Mar: } Application to Admit to Probate .
:garet E. Scott, deceased }
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents that
Margaret E. Scott, late a resident of the Township of Troy in said
County, died on or about the 10th day of November A.D.1889,
leaving an instrument in writing, hereto attached, purporting to
be her last Will and Testament. That the said Margaret E.
Scott died leaving James Scott, her widower, and the following
named persons her only next of kin resident of the State of Ohio.
Names Degree of Kinship. P.O. Address.
Mariah Curtis Daughter Radnor. O.
Henry Downing Son Prospect. O.
James Downing " Delaware .O.
Elizabeth E. Deppen Daughter " "
Harriet Reiner " Westfield
Margaret J. Darst " Delaware. O
Ester Amelia Ashbrook " Delaware O.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
[corresponds to page 410 of Delaware County Will Records Vol. 8 1887-1890]
410
Margaret E. Scott's Will
Journal Entry.
November13th 1889.
In the Matter of the Will of }
Margaret E. Scott,deceased. } This day, an instrument of writing,
purporting to be the last Will and Tes:
=tament of Margaret E. Scott, late of Troy Township, in this Coun:
=ty, deceased, was produced in open Court for Probate; On Con=
=sideration Whereof, it is ordered that the said Will be filed in
this Court, and that due notice thereof, and of the application
to admit the same to probate and record, be given to James Scott
her widower, and Mariah Curtis- Henry Downing . Elizabeth
E. Deppen - Harriet Reiner - Margaret J. Darst and Ester
Amelia Ashbrook ( James Downing, having in writing, waiv:
=ed further notice and consented to the probate of said Will.)
next of kin of the Testatrix. resident of the State of Ohio, that
said application will be for hearing before this Court, on the 19th
day of November A.D.1889. at 10 o'clock A.M.
N.F.Overturf.
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Mar: } Application to Admit to Probate .
:garet E. Scott, deceased }
To the Hon. N.F. Overturf. Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents that
Margaret E. Scott, late a resident of the Township of Troy in said
County, died on or about the 10th day of November A.D.1889,
leaving an instrument in writing, hereto attached, purporting to
be her last Will and Testament. That the said Margaret E.
Scott died leaving James Scott, her widower, and the following
named persons her only next of kin resident of the State of Ohio.
Names Degree of Kinship. P.O. Address.
Mariah Curtis Daughter Radnor. O.
Henry Downing Son Prospect. O.
James Downing " Delaware .O.
Elizabeth E. Deppen Daughter " "
Harriet Reiner " Westfield
Margaret J. Darst " Delaware. O
Ester Amelia Ashbrook " Delaware O.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 477)
Description
[page 477]
[corresponds to page 411 of Delaware County Will Records Vol. 8 1887-1890]
411
Margaret E. Scott's Will
according to law of the pending of said proceedings
James Downing
The foregoing application was signed in my presence and sworn to
before me, this 13th day of November A.D.1889.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned, one of the next of kin of the within named
decedent, hereby waive further notice, and consent to the probate of
said Will.
Dated this 13th day of NovemberA.D.1889.
James Downing .
Notice
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Testament
of Margaret E. Scott, deceased.
To James Downing:
You are hereby commanded to notify
James Scott- Mariah Curtis- Henry Downing. Elizabeth
E. Deppen - Harriet Reiner - Margaret J. Darst - Es=
=ter A. Ashbrook. that on the 13th day of November A.
D.1889. an instrument of writing, purporting to be the last
Will and Testament of Margaret E. Scott, late of Troy
Township, in said County - deceased, was produced in said
Court, and an application to admit the same to probate was
on the same day made in said Court. Said application
will be for hearing before this Court on the 19th day of No=
=vember A.D. 1889. at 10 o'clock A.M.
Witness my hand and the seal of
said Probate Court, at Delaware, Ohio, this 13th day of
November A.D .1889.
N.F.Overturf
{Seal} Probate Judge.
Proof of Service.
The State of Ohio
Delaware County.ss. James Downing being duly sworn,
says that on the 13th 14th & 16th days of
November A.D. 1889, he served the within notice by delivering
a true copy thereof to the within named James Scott - Ma=
=riah Curtis - Henry Downing - Elizabeth E. Deppen_ Har:
:riet Reiner - Margaret J. Darst. and Ester A. Ashbrook.
James Downing
Subscribed in my presence and sworn to before me this 14th day of
November A.D. 1889.
N.F. Overturf. Probate Judge
{Seal}
[corresponds to page 411 of Delaware County Will Records Vol. 8 1887-1890]
411
Margaret E. Scott's Will
according to law of the pending of said proceedings
James Downing
The foregoing application was signed in my presence and sworn to
before me, this 13th day of November A.D.1889.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned, one of the next of kin of the within named
decedent, hereby waive further notice, and consent to the probate of
said Will.
Dated this 13th day of NovemberA.D.1889.
James Downing .
Notice
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Testament
of Margaret E. Scott, deceased.
To James Downing:
You are hereby commanded to notify
James Scott- Mariah Curtis- Henry Downing. Elizabeth
E. Deppen - Harriet Reiner - Margaret J. Darst - Es=
=ter A. Ashbrook. that on the 13th day of November A.
D.1889. an instrument of writing, purporting to be the last
Will and Testament of Margaret E. Scott, late of Troy
Township, in said County - deceased, was produced in said
Court, and an application to admit the same to probate was
on the same day made in said Court. Said application
will be for hearing before this Court on the 19th day of No=
=vember A.D. 1889. at 10 o'clock A.M.
Witness my hand and the seal of
said Probate Court, at Delaware, Ohio, this 13th day of
November A.D .1889.
N.F.Overturf
{Seal} Probate Judge.
Proof of Service.
The State of Ohio
Delaware County.ss. James Downing being duly sworn,
says that on the 13th 14th & 16th days of
November A.D. 1889, he served the within notice by delivering
a true copy thereof to the within named James Scott - Ma=
=riah Curtis - Henry Downing - Elizabeth E. Deppen_ Har:
:riet Reiner - Margaret J. Darst. and Ester A. Ashbrook.
James Downing
Subscribed in my presence and sworn to before me this 14th day of
November A.D. 1889.
N.F. Overturf. Probate Judge
{Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 478)
Description
[page 478]
[corresponds to page 412 of Delaware County Will Records Vol. 8 1887-1890]
412
Margaret E. Scott's Will
Testimony of Witnesses.
In Probate Court } In the Matter of proving the last Will and
Delaware County. Ohio. } Testament of Margaret E. Scott. deceased.
The State of Ohio }
Delaware County.ss. } W. P. Harmon, being duly sworn and exam=
=ined as a witness in the above entitled mat=
=ter, says: I was present at the execution of the instrument now
shown to me, bearing date the 2rd day of April A.D. 1889. and
offered for probate as the last Will and Testament of Margaret E.
Scott, late of Troy Township, in said County of Delaware, deceas_
=ed, and saw the said Margaret E. Scott, now deceased sign and
seal said instrument; and I, thereupon, at her request, and in
her presence, subscribed my name to the same as a witness.
The said decedent, at the time of making, signing and sealing said
instrument, was of full age, of sound mind and memory, and not
under any restraint.
W.P.Harmon.
Sworn to and subscribed by said witness in open Court this
19th day of November A.D.1889.
N.F. Overturf
{Seal} Probate Judge
The State of Ohio
Delaware County.ss. W.F. Galleher, being duly sworn and
examined as a witness in the above entitled
matter, says: I was present at the execution of the instrument
now shown to me, bearing date the 23rd day of April A.D.1889,
and offered for probate as the last Will and Testament of
Margaret E. Scott, late of Troy Township, in said County of
Delaware, deceased, and saw the said Margaret E. Scott, now
deceased, sign and seal said instrument, and heard her acknowl:
=edge the same to be her last Will and Testament; and I,
thereupon, at her request, and in her presence, subscribed my name
to the same as a witness. The said decedent, at the time of
making, signing and sealing said instrument, was of full age,
of sound mind and memory, and not under any restraint.
W.F. Galleher
Sworn to and subscribed by said witness in open Court, this
19th day of November A.D. 1889.
N.F Overturf
Probate Judge
{Seal}
[corresponds to page 412 of Delaware County Will Records Vol. 8 1887-1890]
412
Margaret E. Scott's Will
Testimony of Witnesses.
In Probate Court } In the Matter of proving the last Will and
Delaware County. Ohio. } Testament of Margaret E. Scott. deceased.
The State of Ohio }
Delaware County.ss. } W. P. Harmon, being duly sworn and exam=
=ined as a witness in the above entitled mat=
=ter, says: I was present at the execution of the instrument now
shown to me, bearing date the 2rd day of April A.D. 1889. and
offered for probate as the last Will and Testament of Margaret E.
Scott, late of Troy Township, in said County of Delaware, deceas_
=ed, and saw the said Margaret E. Scott, now deceased sign and
seal said instrument; and I, thereupon, at her request, and in
her presence, subscribed my name to the same as a witness.
The said decedent, at the time of making, signing and sealing said
instrument, was of full age, of sound mind and memory, and not
under any restraint.
W.P.Harmon.
Sworn to and subscribed by said witness in open Court this
19th day of November A.D.1889.
N.F. Overturf
{Seal} Probate Judge
The State of Ohio
Delaware County.ss. W.F. Galleher, being duly sworn and
examined as a witness in the above entitled
matter, says: I was present at the execution of the instrument
now shown to me, bearing date the 23rd day of April A.D.1889,
and offered for probate as the last Will and Testament of
Margaret E. Scott, late of Troy Township, in said County of
Delaware, deceased, and saw the said Margaret E. Scott, now
deceased, sign and seal said instrument, and heard her acknowl:
=edge the same to be her last Will and Testament; and I,
thereupon, at her request, and in her presence, subscribed my name
to the same as a witness. The said decedent, at the time of
making, signing and sealing said instrument, was of full age,
of sound mind and memory, and not under any restraint.
W.F. Galleher
Sworn to and subscribed by said witness in open Court, this
19th day of November A.D. 1889.
N.F Overturf
Probate Judge
{Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 479)
Description
[page 479]
[corresponds to page 413 of Delaware County Will Records Vol. 8 1887-1890]
413
Margaret E. Scott's Will
Journal Entry
November. 19 1889.
In the Matter of the Will of }
Margaret E. Scott, deceased. }
Be it remembered, that heretofore,
to-wit: on the 13th day of November A.D.1889, an instrument
of writing, purporting to be the last Will and Testament of
Margaret E. Scott, late of Troy Township in this County. de:
:ceased, was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of the Court
that due notice of the filing of said Will, and of the application
to admit the same to probate and record in this Court, has been
given to James Scott, her widower, and Mariah Curtis - Hen=
=ry Downing. Elizabeth E. Deppen -Harriet Reiner- Mar=
=garet J. Darst and Ester A. Ashbrook (James Downing
having waived Notice) next of kin of the Testatrix, resident
of the State of Ohio, pursuant to a former order of this court;
therefore, on this day came W. P Harmon and W. F. Gal=
=leher the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said
Will, which testimony was reduced to writing, by them re:
=spectfully subscribed, and filed with said Will, whereupon
the Court finds that the aforesaid instrument of writing is
the last Will and Testament of said Margaret E Scott,
deceased. That the same was duly executed and attested
and that the said Testatrix, at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court, ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be en=
=tered of record in this Court.
Citation ordered and issued to James Scott, widower of
said decedent, to elect as to said Will, as required by law,
and thereupon came said James Scott, widower of
said decedent, to elect as to said Will, as required by law,
and thereupon came said James Scott and in writing ack=
=knowledged service of the within Citation, and the same is
filed
N. F. Overturf
Probate Judge.
Copy of Will
I, Margaret E. Scott of Troy Township Delaware County
Ohio do make and publish this my last Will and Testa=
=ment.
Item 1 It is my will that all my just debts and funeral expenses
be paid.
Item 2 I give give and devise to Margaret Downing daughter of
[corresponds to page 413 of Delaware County Will Records Vol. 8 1887-1890]
413
Margaret E. Scott's Will
Journal Entry
November. 19 1889.
In the Matter of the Will of }
Margaret E. Scott, deceased. }
Be it remembered, that heretofore,
to-wit: on the 13th day of November A.D.1889, an instrument
of writing, purporting to be the last Will and Testament of
Margaret E. Scott, late of Troy Township in this County. de:
:ceased, was produced in open Court for probate, and was then
filed. And, it now being shown to the satisfaction of the Court
that due notice of the filing of said Will, and of the application
to admit the same to probate and record in this Court, has been
given to James Scott, her widower, and Mariah Curtis - Hen=
=ry Downing. Elizabeth E. Deppen -Harriet Reiner- Mar=
=garet J. Darst and Ester A. Ashbrook (James Downing
having waived Notice) next of kin of the Testatrix, resident
of the State of Ohio, pursuant to a former order of this court;
therefore, on this day came W. P Harmon and W. F. Gal=
=leher the subscribing witnesses to said Will, who being duly
sworn, testified to the due execution and attestation of said
Will, which testimony was reduced to writing, by them re:
=spectfully subscribed, and filed with said Will, whereupon
the Court finds that the aforesaid instrument of writing is
the last Will and Testament of said Margaret E Scott,
deceased. That the same was duly executed and attested
and that the said Testatrix, at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court, ordered, that the said Will be admitted to probate, and
that the same, together with the testimony of the witnesses
above named, as well as the proceedings had thereon, be en=
=tered of record in this Court.
Citation ordered and issued to James Scott, widower of
said decedent, to elect as to said Will, as required by law,
and thereupon came said James Scott, widower of
said decedent, to elect as to said Will, as required by law,
and thereupon came said James Scott and in writing ack=
=knowledged service of the within Citation, and the same is
filed
N. F. Overturf
Probate Judge.
Copy of Will
I, Margaret E. Scott of Troy Township Delaware County
Ohio do make and publish this my last Will and Testa=
=ment.
Item 1 It is my will that all my just debts and funeral expenses
be paid.
Item 2 I give give and devise to Margaret Downing daughter of
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 480)
Description
[page 480]
[corresponds to page 414 of Delaware County Will Records Vol. 8 1887-1890]
414
Margaret E. Scott's Will
James Downing my mahogany bureau.
Item 3 I give and devise to my beloved Husband James Scott
one bed and bed stead.
Item 4 I desire that all the rest and residue of my personal property be
sold and converted into money and all debts and obligations owing
to me be collected, and out of the money so received together with
any money that may be on hand at my decease. It is my
will that my just debts and funeral expenses be first paid
and if there is any part of the same left or remaining . I give
and devise said remainder to James Downing. my son.
Item 5 I give and devise to my husband James Scott to be held by
him during his natural life time and at his death I give and
devise to Samuel Downing, so of James Downing, his heirs
and assigns forever the following described real estate, to-wit:
The undivided on half of Forty-five acres of land more or less
being the farm on which I now reside Situated in Troy Town:
=ship Delaware County, Ohio. Bounded on the South by a
Township Road. West by John Morris - North by Nancy
Keifer East by James Downing & Pierce Dick.
Item 6 I do hereby nominate and appoint James Downing my
son Executor of this my last Will and Testament.
I do hereby revoke all
former wills by me made.
In Testimony hereof I have here=
=unto set my hand and seal this 23rd day of April A.D.1889.
her
Margaret X E. Scott. {Seal}
mark
Signed and acknowledged by said Margaret E. Scott as her
last Will and Testament in our presence and signed by us
in her presence.
W.P. Harmon
W.F. Galleher.
[corresponds to page 414 of Delaware County Will Records Vol. 8 1887-1890]
414
Margaret E. Scott's Will
James Downing my mahogany bureau.
Item 3 I give and devise to my beloved Husband James Scott
one bed and bed stead.
Item 4 I desire that all the rest and residue of my personal property be
sold and converted into money and all debts and obligations owing
to me be collected, and out of the money so received together with
any money that may be on hand at my decease. It is my
will that my just debts and funeral expenses be first paid
and if there is any part of the same left or remaining . I give
and devise said remainder to James Downing. my son.
Item 5 I give and devise to my husband James Scott to be held by
him during his natural life time and at his death I give and
devise to Samuel Downing, so of James Downing, his heirs
and assigns forever the following described real estate, to-wit:
The undivided on half of Forty-five acres of land more or less
being the farm on which I now reside Situated in Troy Town:
=ship Delaware County, Ohio. Bounded on the South by a
Township Road. West by John Morris - North by Nancy
Keifer East by James Downing & Pierce Dick.
Item 6 I do hereby nominate and appoint James Downing my
son Executor of this my last Will and Testament.
I do hereby revoke all
former wills by me made.
In Testimony hereof I have here=
=unto set my hand and seal this 23rd day of April A.D.1889.
her
Margaret X E. Scott. {Seal}
mark
Signed and acknowledged by said Margaret E. Scott as her
last Will and Testament in our presence and signed by us
in her presence.
W.P. Harmon
W.F. Galleher.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 481)
Description
[page 481]
[corresponds to page 415 of Delaware County Will Records Vol. 8 1887-1890]
415
William M. Flanegin's Will
Journal Entry.
October 16th 1889.
In the Matter of the Will of
William M. Flanegin, deceased This day, an instrument of writing,
purporting to be the last Will and
Testament of William M. Flanegin, late of Scioto Township,
in this County, deceased, was produced in open Court for pro=
=bate, on consideration whereof, it is ordered that the said Will
be filed in this Court. ~ And thereupon came Sarah Jane
Flanegin, widow of said Testator (there being no next of kin) and
in writing, waived further notice and consented to the probate of
said Will.
And it appearing to the Court that S.A.Boynton and Jas. H.
Smith the subscribing witnesses to said Will, are residents of
Cleveland, Cuyahoga County. Ohio, and are without the juris=
=diction of this Court, it is therefore ordered that a Commission
with the Will annexed, issue herein to Henry C. White, the
Probate Judge of Cuyahoga County. Ohio. directing him to
take the depositions of said subscribing witnesses and return
the same, duly certified, with all convenient speed, to this Court.
N F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Wil: } Application to admit to Probate.
:liam M. Flanegin, deceased. }
To the Hon. N.F. Overturf, Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that William M. Flanegin, late a resident of the Township of
Scioto, in said County, died on or about the 9th day of October.
A.D. 1889. leaving an instrument in writing, hereto attached,
purporting to be his last Will and Testament. That the said
William M. Flanegin, died leaving Sarah Jane Flanegin
widow, and no other persons next of kin.
Your petitioner prays that a time may be fixed for the
proving of said Will.
Sarah Jane Flanegin
The foregoing application was signed in my presence and sworn
to before me, this 16th day of October A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 415 of Delaware County Will Records Vol. 8 1887-1890]
415
William M. Flanegin's Will
Journal Entry.
October 16th 1889.
In the Matter of the Will of
William M. Flanegin, deceased This day, an instrument of writing,
purporting to be the last Will and
Testament of William M. Flanegin, late of Scioto Township,
in this County, deceased, was produced in open Court for pro=
=bate, on consideration whereof, it is ordered that the said Will
be filed in this Court. ~ And thereupon came Sarah Jane
Flanegin, widow of said Testator (there being no next of kin) and
in writing, waived further notice and consented to the probate of
said Will.
And it appearing to the Court that S.A.Boynton and Jas. H.
Smith the subscribing witnesses to said Will, are residents of
Cleveland, Cuyahoga County. Ohio, and are without the juris=
=diction of this Court, it is therefore ordered that a Commission
with the Will annexed, issue herein to Henry C. White, the
Probate Judge of Cuyahoga County. Ohio. directing him to
take the depositions of said subscribing witnesses and return
the same, duly certified, with all convenient speed, to this Court.
N F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Wil: } Application to admit to Probate.
:liam M. Flanegin, deceased. }
To the Hon. N.F. Overturf, Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that William M. Flanegin, late a resident of the Township of
Scioto, in said County, died on or about the 9th day of October.
A.D. 1889. leaving an instrument in writing, hereto attached,
purporting to be his last Will and Testament. That the said
William M. Flanegin, died leaving Sarah Jane Flanegin
widow, and no other persons next of kin.
Your petitioner prays that a time may be fixed for the
proving of said Will.
Sarah Jane Flanegin
The foregoing application was signed in my presence and sworn
to before me, this 16th day of October A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 482)
Description
[page 482]
[corresponds to page 416 of Delaware County Will Records Vol. 8 1887-1890]
416
William M. Flanegin's Will
Waiver
I, the undersigned, widow of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 16th day of October A.D. 1889.
S.J.Flanegin.
Testimony of Witnesses to Codicil.
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court John S.
Jones and James R.Lytle, the subscribing witnesses to the Cod=
=acil to the last Will and Testament of William M. Flanegin,
late of Scioto Township, in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth, the
whole truth, and nothing but the truth, in relation to the exe:
=cution of said Codacil, depose and say: That the paper before
them bearing date the 16th day of February A.D. 1875. purport:
=ing to be the Codacil to the last Will and Testament of Wil:
=liam M. Flanegin now deceased, is the Codacil to the Will
of said deceased, William M. Flanegin, that they were pres:
:ent at the execution of said Codacil, and at the request of the
Testator, respectively subscribed their names to the same as
witnesses, in his presence; that they saw the said William
M. Flanegin deceased, sign and seal said Codicil, and heard
him acknowledge the same to be his last Will and Testa:
=ment, and that the said William M. Flanegin at the
time of making, signing and sealing said Codicil, was of
full age of sound mind and memory, and not under any re:
=straint.
John S Jones
James R. Lytle.
Sworn to and subscribed by said witnesses, in open Court, this
16th day of November A.D. 1889
N.F.Overturf
Probate Judge.
Journal Entry .
November 16th 1889.
In the Matter of the Will of
William M. Flanegin, deceased. The Commission heretofore issued
to Henry C White, the Probate
Judge of Cuyahoga County. Ohio, to take the depositions of
S.A. Boynton and Jas. H Smith subscribing witnesses
to said Will, was this day returned, with the information
that neither of said witnesses could be found within his jur=
:isdiction. ~ And it now appearing to the Court that
S.A. Boynton, one of said witnesses is a resident of Ashville,
Buncombe County North Carolina- and is without the
[corresponds to page 416 of Delaware County Will Records Vol. 8 1887-1890]
416
William M. Flanegin's Will
Waiver
I, the undersigned, widow of the within named decedent, hereby
waive further notice, and consent to the probate of said Will.
Dated this 16th day of October A.D. 1889.
S.J.Flanegin.
Testimony of Witnesses to Codicil.
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court John S.
Jones and James R.Lytle, the subscribing witnesses to the Cod=
=acil to the last Will and Testament of William M. Flanegin,
late of Scioto Township, in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth, the
whole truth, and nothing but the truth, in relation to the exe:
=cution of said Codacil, depose and say: That the paper before
them bearing date the 16th day of February A.D. 1875. purport:
=ing to be the Codacil to the last Will and Testament of Wil:
=liam M. Flanegin now deceased, is the Codacil to the Will
of said deceased, William M. Flanegin, that they were pres:
:ent at the execution of said Codacil, and at the request of the
Testator, respectively subscribed their names to the same as
witnesses, in his presence; that they saw the said William
M. Flanegin deceased, sign and seal said Codicil, and heard
him acknowledge the same to be his last Will and Testa:
=ment, and that the said William M. Flanegin at the
time of making, signing and sealing said Codicil, was of
full age of sound mind and memory, and not under any re:
=straint.
John S Jones
James R. Lytle.
Sworn to and subscribed by said witnesses, in open Court, this
16th day of November A.D. 1889
N.F.Overturf
Probate Judge.
Journal Entry .
November 16th 1889.
In the Matter of the Will of
William M. Flanegin, deceased. The Commission heretofore issued
to Henry C White, the Probate
Judge of Cuyahoga County. Ohio, to take the depositions of
S.A. Boynton and Jas. H Smith subscribing witnesses
to said Will, was this day returned, with the information
that neither of said witnesses could be found within his jur=
:isdiction. ~ And it now appearing to the Court that
S.A. Boynton, one of said witnesses is a resident of Ashville,
Buncombe County North Carolina- and is without the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 483)
Description
[page 483]
[corresponds to page 417 of Delaware County Will Records Vol. 8 1887-1890]
417
William M. Flanegin's Will
jurisdiction of this Court, it is thereupon ordered that a Com=
=mission, with the Will annexed, issue herein to W.B.Gwyn
of Asheville. Buncombe County. North Carolina - directing
him to take the testimony of said subscribing witness, and return
the same, according to law, with all convenient speed, to this
Court,
N.F. Overturf
Probate Judge.
Commission
To take Testimony of Witness to Will
The State of Ohio } To W.B. Gwyn. Greeting.
Delaware County.ss. }
Know Ye That we, in confident of your
prudence and fidelity, have appointed you, and by these presents
do give you full power and authority to examine and take the dep:
=osition of S.A. Boynton. one of the subscribing witnesses to the
last Will and Testament of William M.Flanegin hereto annex=
=ed, late of the County of Delaware, in the State of Ohio, de=
=ceased; and therefore we command you, that at certain days and
places appointed by you, you cause the said S.A. Boynton
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 William M. Flanegin, and as
to the proof of the signature of Jas. H. Smith the other subscrib=
=ing witness to said Will, and that you reduce such examin=
=ation to writing, and return the same, together with the Com:
=mission and the Will of the said William M. Flanegin there:
=to annexed, closed up under your seal, into our said Probate
Court, with all convenient speed,
In Testimony Whereof, I, N.F.
Overturf. Judge of the said Court, have hereunto set
my hand and affixed the seal of said Court, at Delaware, Ohio
this 16th day of November A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Copy of Will
In the name of the Benevolent Father of all, I, William M
Flanegin of Ostrander Delaware County, State of Ohio, do
make and publish this my last Will and Testament.
1st Item After all my just debts and all charges have been paid,
I give and bequeath to each one of my Brothers, and Sis:
=ters the sum of One hundred Dollars to be paid to them
one year after my decease. If however any of said Brothers
or Sisters should die before the above bequest is due then
[corresponds to page 417 of Delaware County Will Records Vol. 8 1887-1890]
417
William M. Flanegin's Will
jurisdiction of this Court, it is thereupon ordered that a Com=
=mission, with the Will annexed, issue herein to W.B.Gwyn
of Asheville. Buncombe County. North Carolina - directing
him to take the testimony of said subscribing witness, and return
the same, according to law, with all convenient speed, to this
Court,
N.F. Overturf
Probate Judge.
Commission
To take Testimony of Witness to Will
The State of Ohio } To W.B. Gwyn. Greeting.
Delaware County.ss. }
Know Ye That we, in confident of your
prudence and fidelity, have appointed you, and by these presents
do give you full power and authority to examine and take the dep:
=osition of S.A. Boynton. one of the subscribing witnesses to the
last Will and Testament of William M.Flanegin hereto annex=
=ed, late of the County of Delaware, in the State of Ohio, de=
=ceased; and therefore we command you, that at certain days and
places appointed by you, you cause the said S.A. Boynton
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 William M. Flanegin, and as
to the proof of the signature of Jas. H. Smith the other subscrib=
=ing witness to said Will, and that you reduce such examin=
=ation to writing, and return the same, together with the Com:
=mission and the Will of the said William M. Flanegin there:
=to annexed, closed up under your seal, into our said Probate
Court, with all convenient speed,
In Testimony Whereof, I, N.F.
Overturf. Judge of the said Court, have hereunto set
my hand and affixed the seal of said Court, at Delaware, Ohio
this 16th day of November A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Copy of Will
In the name of the Benevolent Father of all, I, William M
Flanegin of Ostrander Delaware County, State of Ohio, do
make and publish this my last Will and Testament.
1st Item After all my just debts and all charges have been paid,
I give and bequeath to each one of my Brothers, and Sis:
=ters the sum of One hundred Dollars to be paid to them
one year after my decease. If however any of said Brothers
or Sisters should die before the above bequest is due then
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 484)
Description
[page 484]
[corresponds to page 418 of Delaware County Will Records Vol. 8 1887-1890]
418
William M. Flanegin's Will
said bequest to be devided equally between said Brothers or Sis=
=ters deceased, children, but if they have no children then this
payment to them is void.
2 Item I give and bequeath all the rest and residue of my property to
my beloved wife Sarah Jane Flanegin to be her, and hers dur=
=ing her natural life, including my real, personal, and mixed
property of every kind whatsoever.
3 Item At the death of my said wife the rest and residue of estate
aforesaid, I give and bequeath to the two boards of Foreign,
and Domestic Missions of the Presbyterian Church of the
United States.
4 Item I appoint my wife said Sarah Jane Flanegin to be Exec:
=utrix of this my last Will and Testament and I desire
that no bonds be required, or appraisement be made and
that the court of probate direct. the omission of the same in
pursuance of the statute.
William M. Flanegin [L.S].
Signed and acknowledged by said William M. Flanegin, as
his last will and testament, in our presence, and signed by us
in his presence. April. 28 1873.
S.A. Boynton. Cleveland. Ohio
Jas.H. Smith. 79 Public Square.
Cleveland. Ohio.
Whereas I William M. Flanegin on the 28th day of
April A.D. 1873 made my last will and testament of that
day as above set forth do hereby declare the following to be a
Codicil to the same. This Codicil is to make the payment
of certain bequests in the above and former will dependent on the
following conditions, viz; Whereas each one of my brothers and
sisters received of their father Jas Flannegin Sen. one hun:
dred dollars for which they gave their receipt and in the
same agreed to pay him six per cent interest from the date
thereof during his lifetime; this interest to be paid annually
Now if any of the above brothers or sisters fail to pay the above
annual interest they will have forfeited the amount bequeathed
to them in my will so far that the amount of their failure shall
be distributed from the sum willed to them and the amount of
failure shall be counted with interest at the rate of ten per cent
per annum from the time each payment of interest became due
until their fathers decease.
In witness whereof I have hereunto set my
hand and seal this 16th day of February in the year A.D. 1875.
William M. Flanegin. {Seal}
Signed and acknowledged by said William M. Flannegin as his
last will
and testament in our presence and signed by us in his presence.
John S. Jones.
James R. Lytle.
[corresponds to page 418 of Delaware County Will Records Vol. 8 1887-1890]
418
William M. Flanegin's Will
said bequest to be devided equally between said Brothers or Sis=
=ters deceased, children, but if they have no children then this
payment to them is void.
2 Item I give and bequeath all the rest and residue of my property to
my beloved wife Sarah Jane Flanegin to be her, and hers dur=
=ing her natural life, including my real, personal, and mixed
property of every kind whatsoever.
3 Item At the death of my said wife the rest and residue of estate
aforesaid, I give and bequeath to the two boards of Foreign,
and Domestic Missions of the Presbyterian Church of the
United States.
4 Item I appoint my wife said Sarah Jane Flanegin to be Exec:
=utrix of this my last Will and Testament and I desire
that no bonds be required, or appraisement be made and
that the court of probate direct. the omission of the same in
pursuance of the statute.
William M. Flanegin [L.S].
Signed and acknowledged by said William M. Flanegin, as
his last will and testament, in our presence, and signed by us
in his presence. April. 28 1873.
S.A. Boynton. Cleveland. Ohio
Jas.H. Smith. 79 Public Square.
Cleveland. Ohio.
Whereas I William M. Flanegin on the 28th day of
April A.D. 1873 made my last will and testament of that
day as above set forth do hereby declare the following to be a
Codicil to the same. This Codicil is to make the payment
of certain bequests in the above and former will dependent on the
following conditions, viz; Whereas each one of my brothers and
sisters received of their father Jas Flannegin Sen. one hun:
dred dollars for which they gave their receipt and in the
same agreed to pay him six per cent interest from the date
thereof during his lifetime; this interest to be paid annually
Now if any of the above brothers or sisters fail to pay the above
annual interest they will have forfeited the amount bequeathed
to them in my will so far that the amount of their failure shall
be distributed from the sum willed to them and the amount of
failure shall be counted with interest at the rate of ten per cent
per annum from the time each payment of interest became due
until their fathers decease.
In witness whereof I have hereunto set my
hand and seal this 16th day of February in the year A.D. 1875.
William M. Flanegin. {Seal}
Signed and acknowledged by said William M. Flannegin as his
last will
and testament in our presence and signed by us in his presence.
John S. Jones.
James R. Lytle.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 485)
Description
[page 485]
[corresponds to page 419 of Delaware County Will Records Vol. 8 1887-1890]
419
William M. Flanegin's Will
Deposition of Witness to Will
The State of North Carolina } In the Matter of the last Will and Testament
Buncombe County.ss. } of William M. Flanegin.
Personally appeared before me W. B. Gwyn, Commissioner,
S.A. Boynton, one of the subscribing witnesses to the last Will
and Testament of William M. Flanegin, late of Scioto Township,
in said County deceased, who being by me first duly
sworn according to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of said Will
deposes and says: That he was present at the execution of the pa=
=per before him bearing date the 28th day of April A.D. 1873
purporting to be the last Will and Testament of William M. Flan=
=egin now deceased, whose name is signed at the end thereof, and
at the request of said deceased, he subscribed his name to the
same as a witness in her presence; that he saw the said Wil:
=liam M. Flanegin sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testament, and
that the said William M. Flanegin at the time of making,
signing and sealing said Will, was of full age of sound mind
and memory, and not under any restraint.
S. A. Boynton
Subscribed in my presence and sworn to before me this 23rd
day of November A.D. 1889.
W. B. Gwyn.
Commissioner
The State of North Carolina }
Buncombe County.ss. }I, W .B. Gwyn, duly appointed and commis
=sioned by the Judge of the Probate Court,
of the County of Delaware and the State of Ohio, to take the testi=
=mony of S.A. Boynton one of the subscribing witnesses to the last
Will and Testament of William M. Flanegin. deceased, late a resi=
=dent of said County and State, which Commission, and the said
Will are hereto annexed, do hereby certify that in pursuance
of said Commission, I caused the above named S.A. Boynton,
subscribing witness as aforesaid to appear before me, at Asheville -
N. C. on the 23rd day of November 1889 that he was first duly
sworn by me, according to law, to speak the truth, the whole truth
and nothing but the truth; that I examined him in relation to
the execution of said Will, and reduced his testimony to writing
as above set forth in his presence and that he signed the same
in my presence, and I further certify that I am not Counsel.
Attorney, or Relative of any of the parties named in said Will
or otherwise interested in the Probate thereof.
In witness whereof I have here=
:unto set my hand, this 23rd day of November. A.D. 1889.
W.B.Gwyn
Commissioner
[corresponds to page 419 of Delaware County Will Records Vol. 8 1887-1890]
419
William M. Flanegin's Will
Deposition of Witness to Will
The State of North Carolina } In the Matter of the last Will and Testament
Buncombe County.ss. } of William M. Flanegin.
Personally appeared before me W. B. Gwyn, Commissioner,
S.A. Boynton, one of the subscribing witnesses to the last Will
and Testament of William M. Flanegin, late of Scioto Township,
in said County deceased, who being by me first duly
sworn according to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of said Will
deposes and says: That he was present at the execution of the pa=
=per before him bearing date the 28th day of April A.D. 1873
purporting to be the last Will and Testament of William M. Flan=
=egin now deceased, whose name is signed at the end thereof, and
at the request of said deceased, he subscribed his name to the
same as a witness in her presence; that he saw the said Wil:
=liam M. Flanegin sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testament, and
that the said William M. Flanegin at the time of making,
signing and sealing said Will, was of full age of sound mind
and memory, and not under any restraint.
S. A. Boynton
Subscribed in my presence and sworn to before me this 23rd
day of November A.D. 1889.
W. B. Gwyn.
Commissioner
The State of North Carolina }
Buncombe County.ss. }I, W .B. Gwyn, duly appointed and commis
=sioned by the Judge of the Probate Court,
of the County of Delaware and the State of Ohio, to take the testi=
=mony of S.A. Boynton one of the subscribing witnesses to the last
Will and Testament of William M. Flanegin. deceased, late a resi=
=dent of said County and State, which Commission, and the said
Will are hereto annexed, do hereby certify that in pursuance
of said Commission, I caused the above named S.A. Boynton,
subscribing witness as aforesaid to appear before me, at Asheville -
N. C. on the 23rd day of November 1889 that he was first duly
sworn by me, according to law, to speak the truth, the whole truth
and nothing but the truth; that I examined him in relation to
the execution of said Will, and reduced his testimony to writing
as above set forth in his presence and that he signed the same
in my presence, and I further certify that I am not Counsel.
Attorney, or Relative of any of the parties named in said Will
or otherwise interested in the Probate thereof.
In witness whereof I have here=
:unto set my hand, this 23rd day of November. A.D. 1889.
W.B.Gwyn
Commissioner
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 486)
Description
[page 486]
[corresponds to page 420 of Delaware County Will Records Vol. 8 1887-1890]
420
William M. Flanegin's Will
Journal Entry.
November 25th 1889.
In the Matter of the Will of
William M. Flanegin, deceased. The Commission heretofore issued
herein to take the testimony of S.A.
Boynton, one of the subscribing witnesses to the Will of William
M. Flanegin, deceased, was this day returned, duly executed, and the
same was filed herein. And the court having made diligent en:
=deavor to ascertain the residence of Jas. H. Smith, the other sub=
=scribing witness to said Will, and having failed to find any per=
son, who could identify his hand writing or signature to said will,
the same was on consideration of the court omitted, as the Codicil
to said Will refers explicitly and definitely to said Will, and its
date thereof, and John S. Jones and James R. Lytle the sub=
=scribing witnesses to the Codicil to said Will, having heretofore,
to-wit: on the 16th day of November A.D. 1889. appeared in
Court, and being duly sworn, testified to the due execution and
attestation of said Codicil to said.Will, said William
M. Flanegin. declared said Will to be his last Will and Tes:
:tament, which testimony was reduced to writing, by them respect=
=ively subscribed and filed with said Will ~ Whereupon
the Court finds from the examination of said witnesses and
from the deposition of the said S.A. Boynton, that the afore=
=said instrument of writing is the last Will and Testament
and Codicil thereto, of said William M. Flanegin, deceased.
That the same was duly executed and attested, and that the
said Testator, at the time of making, signing and sealing said
Will and Codicil thereto, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will and Codicil thereto be ad:
=mitted to probate, and that the same, together with the depo:
=sition and the testimony of the witnesses above named, as well
as the proceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
[corresponds to page 420 of Delaware County Will Records Vol. 8 1887-1890]
420
William M. Flanegin's Will
Journal Entry.
November 25th 1889.
In the Matter of the Will of
William M. Flanegin, deceased. The Commission heretofore issued
herein to take the testimony of S.A.
Boynton, one of the subscribing witnesses to the Will of William
M. Flanegin, deceased, was this day returned, duly executed, and the
same was filed herein. And the court having made diligent en:
=deavor to ascertain the residence of Jas. H. Smith, the other sub=
=scribing witness to said Will, and having failed to find any per=
son, who could identify his hand writing or signature to said will,
the same was on consideration of the court omitted, as the Codicil
to said Will refers explicitly and definitely to said Will, and its
date thereof, and John S. Jones and James R. Lytle the sub=
=scribing witnesses to the Codicil to said Will, having heretofore,
to-wit: on the 16th day of November A.D. 1889. appeared in
Court, and being duly sworn, testified to the due execution and
attestation of said Codicil to said.Will, said William
M. Flanegin. declared said Will to be his last Will and Tes:
:tament, which testimony was reduced to writing, by them respect=
=ively subscribed and filed with said Will ~ Whereupon
the Court finds from the examination of said witnesses and
from the deposition of the said S.A. Boynton, that the afore=
=said instrument of writing is the last Will and Testament
and Codicil thereto, of said William M. Flanegin, deceased.
That the same was duly executed and attested, and that the
said Testator, at the time of making, signing and sealing said
Will and Codicil thereto, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the
Court ordered, that the said Will and Codicil thereto be ad:
=mitted to probate, and that the same, together with the depo:
=sition and the testimony of the witnesses above named, as well
as the proceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 487)
Description
[page 487]
[corresponds to page 421 of Delaware County Will Records Vol. 8 1887-1890]
421
David R. Griffith's Will
Journal Entry
December 3rd 1889
In the Matter of the Will of
David R. Griffiths, deceased
This day, an instrument of writing,
purporting to be the last Will and Testament of David R.
Griffiths, late of Radnor Township, in this County, de=
=ceased, was produced in open Court for Probate; On considera=
=tion whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to
admit the same to probate and record, be given to John R.
Griffiths . Charles Burgner - George Burgner - Margaret
Burgner- Geo. M. Griffiths. Joel Griffiths_ Elizabeth
Kyle - Mattie A. Griffiths_ Evan D. Griffiths. Charles
E. Griffiths _ Maggie M. Griffiths - William L. Griffiths -
Wilbert Griffiths - Ernest Griffiths_ (Albert Griffiths
having this day in writing waived further notice and consented
to the probate of said Will.) next of kin of the Testator, resi=
=dent of the State of Ohio, that said application will be for
hearing, before this Court, on the 11th day of December. A.
D. 1889 at 11 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. ]
In the Matter of the Last }
Will and Testament of David } Application to Admit to Probate
R. Griffiths, Deceased.~
To the Hon. N.F. Overturf.
Judge of the Probate Court in and for said County:
Your petitioner respectfully rep=
:resents that David R. Griffiths, late a resident of the
Township of Radnor, in said County, died on or about the
18th day of November A.D. 1889. leaving an instrument
in writing, hereto attached, purporting to be his last Will and
Testament. That the said David R. Griffiths, said leav=
=ing no widow, and the following named persons his only next
of kin resident of the State of Ohio.
Name Degree of Kinship P.O Address.
John R. Griffiths Son Radnor. O.
Nettie Burgner Grand-child Nebraska.
Charles Burgner " " Richwood, O.
Maggie Burgner " " Nebraska.
George Burgner " " Richwood O.
[corresponds to page 421 of Delaware County Will Records Vol. 8 1887-1890]
421
David R. Griffith's Will
Journal Entry
December 3rd 1889
In the Matter of the Will of
David R. Griffiths, deceased
This day, an instrument of writing,
purporting to be the last Will and Testament of David R.
Griffiths, late of Radnor Township, in this County, de=
=ceased, was produced in open Court for Probate; On considera=
=tion whereof, it is ordered that the said Will be filed in this
Court, and that due notice thereof, and of the application to
admit the same to probate and record, be given to John R.
Griffiths . Charles Burgner - George Burgner - Margaret
Burgner- Geo. M. Griffiths. Joel Griffiths_ Elizabeth
Kyle - Mattie A. Griffiths_ Evan D. Griffiths. Charles
E. Griffiths _ Maggie M. Griffiths - William L. Griffiths -
Wilbert Griffiths - Ernest Griffiths_ (Albert Griffiths
having this day in writing waived further notice and consented
to the probate of said Will.) next of kin of the Testator, resi=
=dent of the State of Ohio, that said application will be for
hearing, before this Court, on the 11th day of December. A.
D. 1889 at 11 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. ]
In the Matter of the Last }
Will and Testament of David } Application to Admit to Probate
R. Griffiths, Deceased.~
To the Hon. N.F. Overturf.
Judge of the Probate Court in and for said County:
Your petitioner respectfully rep=
:resents that David R. Griffiths, late a resident of the
Township of Radnor, in said County, died on or about the
18th day of November A.D. 1889. leaving an instrument
in writing, hereto attached, purporting to be his last Will and
Testament. That the said David R. Griffiths, said leav=
=ing no widow, and the following named persons his only next
of kin resident of the State of Ohio.
Name Degree of Kinship P.O Address.
John R. Griffiths Son Radnor. O.
Nettie Burgner Grand-child Nebraska.
Charles Burgner " " Richwood, O.
Maggie Burgner " " Nebraska.
George Burgner " " Richwood O.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 488)
Description
[page 488]
[corresponds to page 422 of Delaware County Will Records Vol. 8 1887-1890]
422
David R. Griffith's Will
Emery Burgner Grand-child Unknown.
Margaret Burgner Daughter Richwood. O.
Geo. M. Griffiths Son Radnor. O .
Joel Griffiths " " "
Elizbaeth Kyle Daughter Richwood . O
Albert Griffiths Son Radnor. O.
Mattie A. Griffiths Grand-child " "
Evan D. Griffiths " " " "
Charles E. Griffiths " " " "
Maggie M. Griffiths " " " "
William L. Griffiths " " " "
Wilbert Griffiths " " " "
Ernest Griffiths " " " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be noti=
=fied according to law of the pending of said proceedings.
Albert Griffiths
The foregoing application was signed in my presence and sworn
to before me, this 3rd day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Waiver
I, the undersigned, one of the next of kin of the within named de:
=cedent hereby waive further notice, and consent to the probate of
said
Will.
Dated this 3rd day of December A.D. 1889.
Albert Griffiths
Notice.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Tes:
=tament of David R. Griffiths, deceased.
To Albert Griffiths:
You are hereby commanded to
notify John R. Griffiths. Charles Burgner . George Burg:
=ner - Margaret Burgner. Geo. M. Griffiths . Joel Griffiths .
Elizabeth Kyle- Mattie A. Griffiths - Evan D. Griffiths -
Charles E. Griffiths . Maggie M. Griffiths _ William L. Grif:
=fiths. Wilbert Griffiths . Ernest Griffiths ~ that on the
5th day of December A.D. 1889. an instrument of writing, pur=
=porting to be the last Will and Testament of David R. Grif=
=fiths, late of Radnor Township, in said County, deceased, was
produced in said Court, and an application to admit the same
to probate was on the same day made in said Court. Said
application will be for hearing before this Court on the 11th
day of December A.D. 1889, at 11 o'clock. A.M,
[corresponds to page 422 of Delaware County Will Records Vol. 8 1887-1890]
422
David R. Griffith's Will
Emery Burgner Grand-child Unknown.
Margaret Burgner Daughter Richwood. O.
Geo. M. Griffiths Son Radnor. O .
Joel Griffiths " " "
Elizbaeth Kyle Daughter Richwood . O
Albert Griffiths Son Radnor. O.
Mattie A. Griffiths Grand-child " "
Evan D. Griffiths " " " "
Charles E. Griffiths " " " "
Maggie M. Griffiths " " " "
William L. Griffiths " " " "
Wilbert Griffiths " " " "
Ernest Griffiths " " " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be noti=
=fied according to law of the pending of said proceedings.
Albert Griffiths
The foregoing application was signed in my presence and sworn
to before me, this 3rd day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Waiver
I, the undersigned, one of the next of kin of the within named de:
=cedent hereby waive further notice, and consent to the probate of
said
Will.
Dated this 3rd day of December A.D. 1889.
Albert Griffiths
Notice.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Tes:
=tament of David R. Griffiths, deceased.
To Albert Griffiths:
You are hereby commanded to
notify John R. Griffiths. Charles Burgner . George Burg:
=ner - Margaret Burgner. Geo. M. Griffiths . Joel Griffiths .
Elizabeth Kyle- Mattie A. Griffiths - Evan D. Griffiths -
Charles E. Griffiths . Maggie M. Griffiths _ William L. Grif:
=fiths. Wilbert Griffiths . Ernest Griffiths ~ that on the
5th day of December A.D. 1889. an instrument of writing, pur=
=porting to be the last Will and Testament of David R. Grif=
=fiths, late of Radnor Township, in said County, deceased, was
produced in said Court, and an application to admit the same
to probate was on the same day made in said Court. Said
application will be for hearing before this Court on the 11th
day of December A.D. 1889, at 11 o'clock. A.M,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 489)
Description
[page 489]
[corresponds to page 423 of Delaware County Will Records Vol. 8 1887-1890]
423
David R. Griffith's Will
Witness my hand and the seal of said Probate Court, at
Delaware, Ohio this 3rd day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Proof of Service
The State of Ohio
Delaware County.ss. Albert Griffiths being duly sworn,
says that on the 5th day of December -
A.D. 1889, he served the within notice by delivering a true
copy thereof to the within named John R. Griffiths . Charles
Burgner . George Burgner- Margaret Burgner- Geo. M.
Griffiths. Joel Griffiths - Elizabeth Kyle_ Mattie A. Grif=
=fiths . Evan D. Griffiths. Charles E. Griffiths . Maggie M.
Griffiths - William L. Griffiths. Wilbert Griffiths and
Ernest Griffiths.
Albert Griffiths.
Subscribed in my presence and sworn to before me this 11th
day of December A.D. 1889.
{Seal} N.F. Overturf
Probate Judge.
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court G. E.
Hedges and Jno. A Cone the subscribing witnesses to the
last Will and Testament of David R. Griffiths, late of
Radnor Township in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the paper before
them bearing date the 17th day of February A.D.1888 purport=
=ing to be the last Will and Testament of David R. Griffiths
now deceased, is the Will of said deceased David R. Griffiths
that they were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their names
to the same as witnesses, in his presence; that they saw the
said David R. Griffiths deceased sign and seal said Will,
and heard him acknowledge the same to be his last Will and
Testament, and that the said David R. Griffiths at the
time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
G.E. Hedges
Jno. A Cone.
Sworn to and subscribed by said witnesses, in open Court,
[corresponds to page 423 of Delaware County Will Records Vol. 8 1887-1890]
423
David R. Griffith's Will
Witness my hand and the seal of said Probate Court, at
Delaware, Ohio this 3rd day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Proof of Service
The State of Ohio
Delaware County.ss. Albert Griffiths being duly sworn,
says that on the 5th day of December -
A.D. 1889, he served the within notice by delivering a true
copy thereof to the within named John R. Griffiths . Charles
Burgner . George Burgner- Margaret Burgner- Geo. M.
Griffiths. Joel Griffiths - Elizabeth Kyle_ Mattie A. Grif=
=fiths . Evan D. Griffiths. Charles E. Griffiths . Maggie M.
Griffiths - William L. Griffiths. Wilbert Griffiths and
Ernest Griffiths.
Albert Griffiths.
Subscribed in my presence and sworn to before me this 11th
day of December A.D. 1889.
{Seal} N.F. Overturf
Probate Judge.
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court G. E.
Hedges and Jno. A Cone the subscribing witnesses to the
last Will and Testament of David R. Griffiths, late of
Radnor Township in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the paper before
them bearing date the 17th day of February A.D.1888 purport=
=ing to be the last Will and Testament of David R. Griffiths
now deceased, is the Will of said deceased David R. Griffiths
that they were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their names
to the same as witnesses, in his presence; that they saw the
said David R. Griffiths deceased sign and seal said Will,
and heard him acknowledge the same to be his last Will and
Testament, and that the said David R. Griffiths at the
time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
G.E. Hedges
Jno. A Cone.
Sworn to and subscribed by said witnesses, in open Court,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 490)
Description
[page 490]
[corresponds to page 424 of Delaware County Will Records Vol. 8 1887-1890]
424
David R. Griffith's Will
this 11th day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry .
December 11th 1889.
In the Matter of the Will of }
David R. Griffiths,deceased. } Be it remembered, that heretofore, to-wit:
on the 3rd day of December.A.D.1889.
an instrument of writing, purporting to be the last Will and Testa=
=ment of David R. Griffiths, late of Radnor Township, in this
County, deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the
Court that due notice of the filing of said Will, and of the appli=
=cation to admit the same to probate and record in this Court has
been given to John R. Griffiths _ Charles Burgner_ George
Burgner- Margaret Burgner- Geo. M. Griffiths- Joel Griffith-
Elizabeth Kyle- Mattie A. Griffiths_ Evan D. Griffiths- Charles
E. Griffiths - Maggie M. Griffiths - William L. Griffiths Wilbert
Griffiths and Ernest Griffiths - (Albert Griffiths having waived
Notice) next of kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court; therefore, on this day
came G.E. Hedges and Jno. A. Cone, the subscribing witnesses
to said Will, who being duly sworn, testified to the due execu=
=tion and attestation of said Will, which testimony was reduced
to writing, by them respectively subscribed, and filed with said
Will, whereupon the court finds that the aforesaid instrument
of writing is the last Will and Testament of said David R. Grif:
=fiths, deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, signing
and sealing said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the Court or=
=dered, that the said Will be admitted to probate, and that the
same together with the testimony of the witnesses above named,
as well as the proceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, Amen. I,
David R. Griffiths, of sound and disposing mind and memory, and
knowing the uncertainty of human life and wishing to arrange
my worldly affairs, while I am living, do make and publish
the following as my last Will and Testament:
Item 1 I direct that all my just debts, the expenses of my last
sickness and funeral expenses, and the necessary expenses of
settling my estate, be paid out of my personal estate.
[corresponds to page 424 of Delaware County Will Records Vol. 8 1887-1890]
424
David R. Griffith's Will
this 11th day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Journal Entry .
December 11th 1889.
In the Matter of the Will of }
David R. Griffiths,deceased. } Be it remembered, that heretofore, to-wit:
on the 3rd day of December.A.D.1889.
an instrument of writing, purporting to be the last Will and Testa=
=ment of David R. Griffiths, late of Radnor Township, in this
County, deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the
Court that due notice of the filing of said Will, and of the appli=
=cation to admit the same to probate and record in this Court has
been given to John R. Griffiths _ Charles Burgner_ George
Burgner- Margaret Burgner- Geo. M. Griffiths- Joel Griffith-
Elizabeth Kyle- Mattie A. Griffiths_ Evan D. Griffiths- Charles
E. Griffiths - Maggie M. Griffiths - William L. Griffiths Wilbert
Griffiths and Ernest Griffiths - (Albert Griffiths having waived
Notice) next of kin of the Testator, resident of the State of Ohio,
pursuant to a former order of this Court; therefore, on this day
came G.E. Hedges and Jno. A. Cone, the subscribing witnesses
to said Will, who being duly sworn, testified to the due execu=
=tion and attestation of said Will, which testimony was reduced
to writing, by them respectively subscribed, and filed with said
Will, whereupon the court finds that the aforesaid instrument
of writing is the last Will and Testament of said David R. Grif:
=fiths, deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, signing
and sealing said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the Court or=
=dered, that the said Will be admitted to probate, and that the
same together with the testimony of the witnesses above named,
as well as the proceedings had thereon, be entered of record in this
Court.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, Amen. I,
David R. Griffiths, of sound and disposing mind and memory, and
knowing the uncertainty of human life and wishing to arrange
my worldly affairs, while I am living, do make and publish
the following as my last Will and Testament:
Item 1 I direct that all my just debts, the expenses of my last
sickness and funeral expenses, and the necessary expenses of
settling my estate, be paid out of my personal estate.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 491)
Description
[page 491]
[corresponds to page 425 of Delaware County Will Records Vol. 8 1887-1890]
425
David R. Griffith's Will
Item 2nd I give and bequeath to my three sons, Joel. George and Albert
my household and kitchen furniture, carpets, bed and bedding (but not in=
=cluding the Sewing Machine) to be shared by them equally.
Item 3rd I give and bequeath to my Grand-daughter, Allie Watkins my
Sewing Machine.
Item 4th I will and direct that the remainder of my personal property af=
=ter the payment of my debts, and the expenses etc as directed in
the first item of this will, and the specific legacies bequeathed in
the 2nd and 3rd items of this will shall be equally divided among those
of my children who may be living at the time of my decease
Item 5th I give devise and bequeath to my three sons, Joel Griffiths,
George Griffiths and Albert Griffiths my two farms, situated in
Radnor Township Delaware County_ Ohio. the one, being about
Ninety eight Acres known as and called the Taylor Griffith's
Farm, the said farms to go to my said three sons share and share
alike, as tenants in common; and said bequest of said farms to my
said three sons is subject to the payment of One Thousand Dol=
=lars ($1000) to each of my following named children, to-wit: John R.
Griffiths. William H. Griffiths. Margaret Burgner and Elizabeth
Kyle_ and also the further payment of Two Hundred Dollars ($200)
to my said Grand daughter Alice Watkins; and also the sum of
One Hundred Dollars ($100) to be paid to each of the five children
of my deceased daughter Mary Burgner who may be living at the
time of my decease, and said several sums so directed to be paid by
this item of this will, shall be a charge and encumbrance on the said
farms until paid, and shall become due and payable in one year from
and after my decease, without interest:
Item 6th I hereby request my beloved children who may survive me, that
they by mutual consent and agreement make a fair-just and equita-
=ble division of the personal property bequeathed to them in the 4 item
of this Will, or the proceeds thereof after converting the same into
money, and avoid the expense of administration, and in case of such
agreement by my said children, I hereby request the Probate
Court to consent thereto and that there be no administration on my
said Estate and no further proceedings by said Court under this
Will than to duly admit the same to probate and record.
I hereby revoke all former wills heretofore made by me, and declare
the foregoing to be my last Will and Testament.
Witness my signature and seal, this
17th day of February in the year of our Lord One Thousand Eight
Hundred & Eighty Eight.
his
David R. X Griffiths. {seal}
mark
Signed by the said David R. Griffiths in our presence, and by him
declared to be his last Will and Testament in our hearing and signed by us
as witnesses thereto at his request and in his presence and in the presence
of each other on said 17th day of February A.D. 1888.
G.E. Hedges.
Jno. A. Cone.
[corresponds to page 425 of Delaware County Will Records Vol. 8 1887-1890]
425
David R. Griffith's Will
Item 2nd I give and bequeath to my three sons, Joel. George and Albert
my household and kitchen furniture, carpets, bed and bedding (but not in=
=cluding the Sewing Machine) to be shared by them equally.
Item 3rd I give and bequeath to my Grand-daughter, Allie Watkins my
Sewing Machine.
Item 4th I will and direct that the remainder of my personal property af=
=ter the payment of my debts, and the expenses etc as directed in
the first item of this will, and the specific legacies bequeathed in
the 2nd and 3rd items of this will shall be equally divided among those
of my children who may be living at the time of my decease
Item 5th I give devise and bequeath to my three sons, Joel Griffiths,
George Griffiths and Albert Griffiths my two farms, situated in
Radnor Township Delaware County_ Ohio. the one, being about
Ninety eight Acres known as and called the Taylor Griffith's
Farm, the said farms to go to my said three sons share and share
alike, as tenants in common; and said bequest of said farms to my
said three sons is subject to the payment of One Thousand Dol=
=lars ($1000) to each of my following named children, to-wit: John R.
Griffiths. William H. Griffiths. Margaret Burgner and Elizabeth
Kyle_ and also the further payment of Two Hundred Dollars ($200)
to my said Grand daughter Alice Watkins; and also the sum of
One Hundred Dollars ($100) to be paid to each of the five children
of my deceased daughter Mary Burgner who may be living at the
time of my decease, and said several sums so directed to be paid by
this item of this will, shall be a charge and encumbrance on the said
farms until paid, and shall become due and payable in one year from
and after my decease, without interest:
Item 6th I hereby request my beloved children who may survive me, that
they by mutual consent and agreement make a fair-just and equita-
=ble division of the personal property bequeathed to them in the 4 item
of this Will, or the proceeds thereof after converting the same into
money, and avoid the expense of administration, and in case of such
agreement by my said children, I hereby request the Probate
Court to consent thereto and that there be no administration on my
said Estate and no further proceedings by said Court under this
Will than to duly admit the same to probate and record.
I hereby revoke all former wills heretofore made by me, and declare
the foregoing to be my last Will and Testament.
Witness my signature and seal, this
17th day of February in the year of our Lord One Thousand Eight
Hundred & Eighty Eight.
his
David R. X Griffiths. {seal}
mark
Signed by the said David R. Griffiths in our presence, and by him
declared to be his last Will and Testament in our hearing and signed by us
as witnesses thereto at his request and in his presence and in the presence
of each other on said 17th day of February A.D. 1888.
G.E. Hedges.
Jno. A. Cone.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 492)
Description
[page 492]
[corresponds to page 426 of Delaware County Will Records Vol. 8 1887-1890]
426
Cornelia Potter's Will
Journal Entry.
December 11th 1889.
In the Matter of the Will }
of Cornelia Potter,deceased. }
This day, an instrument of writing,
purporting to be the last Will and Testament of Cornelia
Potter, late of Brown Township, in this County, deceased,
was produced in open Court for Probate; On consideration
whereof, it is ordered that the said Will be filed in this Court,
and that due notice thereof, and of the application to admit the
same to probate and record, be given to Israel Potter - Louisa
Riley - Fidelia Philips- Charles E. Longwell - Harry E. Long =
=well. Erskine H. Potter _ Lyman Potter, next of kin of the
Testator, resident of the State of Ohio - that said application
will be for hearing before this Court on the 17th day of Decem=
=ber. A.D.1889 at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the Last }
Will and Testament of Cor= } Application to Admit to Probate .
=nelia Potter _ deceased. ~ }
To the Hon. N.F. Overturf -
Judge of the Probate Court in and for said County.
Your petitioner respectfully represents
that Cornelia Potter, late a resident of the Township of Brown,
in said County, died on or about the 2nd day of Dec. A.D. 1889.
leaving an instrument in writing, hereto attached, purporting to be
her last Will and Testament; That the said Cornelia Pot=
=ter, died leaving no relick and the following named persons her
only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address
Israel Potter Brother Leonardsburg. O.
Louisa Riley Sister Ashley . O.
Fidelia Philips " Pagetown. O.
Charles O. Longwell Grand-Nephew Stantontown. O.
Harry E. Longwell " " Leonardsburg. O.
Erskine H. Potter Nephew Toledo. Ohio
Mary Keating Niece Kansas.
Frank Potter Nephew Iowa.
Mary Vanderpool Niece Kans.
Laura E. Dermond Niece Holy ohe. Colorado.
[corresponds to page 426 of Delaware County Will Records Vol. 8 1887-1890]
426
Cornelia Potter's Will
Journal Entry.
December 11th 1889.
In the Matter of the Will }
of Cornelia Potter,deceased. }
This day, an instrument of writing,
purporting to be the last Will and Testament of Cornelia
Potter, late of Brown Township, in this County, deceased,
was produced in open Court for Probate; On consideration
whereof, it is ordered that the said Will be filed in this Court,
and that due notice thereof, and of the application to admit the
same to probate and record, be given to Israel Potter - Louisa
Riley - Fidelia Philips- Charles E. Longwell - Harry E. Long =
=well. Erskine H. Potter _ Lyman Potter, next of kin of the
Testator, resident of the State of Ohio - that said application
will be for hearing before this Court on the 17th day of Decem=
=ber. A.D.1889 at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss }
In the Matter of the Last }
Will and Testament of Cor= } Application to Admit to Probate .
=nelia Potter _ deceased. ~ }
To the Hon. N.F. Overturf -
Judge of the Probate Court in and for said County.
Your petitioner respectfully represents
that Cornelia Potter, late a resident of the Township of Brown,
in said County, died on or about the 2nd day of Dec. A.D. 1889.
leaving an instrument in writing, hereto attached, purporting to be
her last Will and Testament; That the said Cornelia Pot=
=ter, died leaving no relick and the following named persons her
only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address
Israel Potter Brother Leonardsburg. O.
Louisa Riley Sister Ashley . O.
Fidelia Philips " Pagetown. O.
Charles O. Longwell Grand-Nephew Stantontown. O.
Harry E. Longwell " " Leonardsburg. O.
Erskine H. Potter Nephew Toledo. Ohio
Mary Keating Niece Kansas.
Frank Potter Nephew Iowa.
Mary Vanderpool Niece Kans.
Laura E. Dermond Niece Holy ohe. Colorado.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 493)
Description
[page 493]
[corresponds to page 427 of Delaware County Will Records Vol. 8 1887-1890]
427
Cornelia Potter's Will
Lyman Potter. } Brother. } Leonardsburg O.
Charles Benton } Nephew. }
Your petitioner prays that a time may be fixed for the
proving of said Will, and that said above named persons
may be notified according to law of the pending of said proceed=
=ings.
Clarence G. Potter.
The foregoing application was signed in my presence and sworn
to before me this 11th day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Notice
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the matter of the last Will and
Testament of Cornelia Potter, deceased.
To Clarence G. Potter:
You are hereby commanded to notify Israel Potter - Lou:
=isa Riley - Fidelia Philips - Charles E. Longwell -
Harry E. Longwell_ Erskine H. Potter - Lyman Potter
that on the 11th day of December A.D. 1889 an instrument
of writing, purporting to be the last Will and Testament of
Cornelia Potter, late of Brown Township, in said County -
deceased, was produced in said Court, and an application to
admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this
Court on the 17th day of December A.D. 1889 at 1 o'clock
P.M.
Witness my hand, and the seal of said Probate Court,
at Delaware. Ohio, this 11th day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service.
The State of Ohio
Delaware County.ss. Clarence G. Potter - being duly sworn,
says that on the 11. 12. & 13 days of Decem=
=ber A.D. 1889 he served the within notice by delivering a true copy
thereofkine Potter and Lyman Potter.
Clarence G. Potter .
Subscribed in my presence and sworn to before me this 17th day of De=
=cember A.D. 1889.
{Seal} N.F. Overturf. Probate Judge.
[corresponds to page 427 of Delaware County Will Records Vol. 8 1887-1890]
427
Cornelia Potter's Will
Lyman Potter. } Brother. } Leonardsburg O.
Charles Benton } Nephew. }
Your petitioner prays that a time may be fixed for the
proving of said Will, and that said above named persons
may be notified according to law of the pending of said proceed=
=ings.
Clarence G. Potter.
The foregoing application was signed in my presence and sworn
to before me this 11th day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Notice
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the matter of the last Will and
Testament of Cornelia Potter, deceased.
To Clarence G. Potter:
You are hereby commanded to notify Israel Potter - Lou:
=isa Riley - Fidelia Philips - Charles E. Longwell -
Harry E. Longwell_ Erskine H. Potter - Lyman Potter
that on the 11th day of December A.D. 1889 an instrument
of writing, purporting to be the last Will and Testament of
Cornelia Potter, late of Brown Township, in said County -
deceased, was produced in said Court, and an application to
admit the same to probate was on the same day made in
said Court. Said application will be for hearing before this
Court on the 17th day of December A.D. 1889 at 1 o'clock
P.M.
Witness my hand, and the seal of said Probate Court,
at Delaware. Ohio, this 11th day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Service.
The State of Ohio
Delaware County.ss. Clarence G. Potter - being duly sworn,
says that on the 11. 12. & 13 days of Decem=
=ber A.D. 1889 he served the within notice by delivering a true copy
thereofkine Potter and Lyman Potter.
Clarence G. Potter .
Subscribed in my presence and sworn to before me this 17th day of De=
=cember A.D. 1889.
{Seal} N.F. Overturf. Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 494)
Description
[page 494]
[corresponds to page 428 of Delaware County Will Records Vol. 8 1887-1890]
428
Cornelia Potter's Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court,
Solomon Shoemaker and Hannah Shoemaker, the subscrib=
=ing witnesses to the last Will and Testament of Cornelia Pot:
=ter, late of Brown Township in said Delaware County, de=
=ceased; who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth , in re=
=lation to the execution of said Will, depose and say: That
the paper before them bearing date the 7th day of January.
A.D. 1889 purporting to be the last Will and Testament
of Cornelia Potter, now deceased, is the Will of said de=
=ceased Cornelia Potter, that they were present at the execu=
=tion of said Will, and at the request of the Testatrix, re=
=spectively subscribed their names to the same as witnesses,
in her presence; that they saw the said Cornelia Potter
deceased sign and seal said Will, and heard her acknowledge
the same to be her last Will and Testament, and that
the said Cornelia Potter at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint.
Solomon Shoemaker
Hannah Shoemaker.
Sworn to and subscribed by said witnesses, in open Court,
this 17th day of December A.D. 1889.
N.F. Overturf
Probate Judge.
Journal Entry .
December 17th 1889.
In the Matter of the Will
of Cornelia Potter, deceased. Be it remembered, that heretofore,
to-wit: on the 11th day of December.
A.D.1889. an instrument of writing, purporting to be the last
Will and Testament of Cornelia Potter, late of Brown Town=
=ship, in this County deceased, was produced in open Court
for probate, and was then filed. And, it now being shown to the
satisfaction of the Court, that due notice of the filing of
said Will and of the application to admit the same to pro=
=bate and record in this Court, has been given to Israel
Potter- Louisa Riley- Fidelia Philips - Charles E. Long =
=well. Harry E. Longwell- Erskine H. Potter- Lyman
Potter, next of kin of the Testatrix, resident of the State of
Ohio, pursuant to a former order of this Court; therefore, on
this day came Solomon Shoemaker and Hannah Shoemaker
the subscribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said Will.
[corresponds to page 428 of Delaware County Will Records Vol. 8 1887-1890]
428
Cornelia Potter's Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
Personally appeared in open Court,
Solomon Shoemaker and Hannah Shoemaker, the subscrib=
=ing witnesses to the last Will and Testament of Cornelia Pot:
=ter, late of Brown Township in said Delaware County, de=
=ceased; who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth , in re=
=lation to the execution of said Will, depose and say: That
the paper before them bearing date the 7th day of January.
A.D. 1889 purporting to be the last Will and Testament
of Cornelia Potter, now deceased, is the Will of said de=
=ceased Cornelia Potter, that they were present at the execu=
=tion of said Will, and at the request of the Testatrix, re=
=spectively subscribed their names to the same as witnesses,
in her presence; that they saw the said Cornelia Potter
deceased sign and seal said Will, and heard her acknowledge
the same to be her last Will and Testament, and that
the said Cornelia Potter at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint.
Solomon Shoemaker
Hannah Shoemaker.
Sworn to and subscribed by said witnesses, in open Court,
this 17th day of December A.D. 1889.
N.F. Overturf
Probate Judge.
Journal Entry .
December 17th 1889.
In the Matter of the Will
of Cornelia Potter, deceased. Be it remembered, that heretofore,
to-wit: on the 11th day of December.
A.D.1889. an instrument of writing, purporting to be the last
Will and Testament of Cornelia Potter, late of Brown Town=
=ship, in this County deceased, was produced in open Court
for probate, and was then filed. And, it now being shown to the
satisfaction of the Court, that due notice of the filing of
said Will and of the application to admit the same to pro=
=bate and record in this Court, has been given to Israel
Potter- Louisa Riley- Fidelia Philips - Charles E. Long =
=well. Harry E. Longwell- Erskine H. Potter- Lyman
Potter, next of kin of the Testatrix, resident of the State of
Ohio, pursuant to a former order of this Court; therefore, on
this day came Solomon Shoemaker and Hannah Shoemaker
the subscribing witnesses to said Will, who being duly sworn,
testified to the due execution and attestation of said Will.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 495)
Description
[page 495]
[corresponds to page 429 of Delaware County Will Records Vol. 8 1887-1890]
429
Cornelia Potter's Will
Which testimony was reduced to writing, by them respectively
subscribed, and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the last
Will and Testament of said Cornelia Potter, deceased.
That the same was duly executed and attested; and that the
said Testatrix, at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the Court or=
=dered, that the said Will be admitted to probate - and that
the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
I, Cornelia Potter, an unmarried woman now residing in
Delaware County in the State of Ohio, do hereby make
my last Will and Testament by which I direct: ~
First:~ That all my just debts be paid out of the proceeds of my
estate.
Second:~ That my following named brothers and sisters to-wit: Ly=
=man Potter - Louisa P. Riley - and Fidelia Phlips each
have such share of my estate as they each would have, under
the laws of Ohio, at the time of my death if I had made no
Will. and I give and bequeath the same to them.
Third:~ That my nieces Lucy E and Helen E. Potter, daughters of
my brother Lyman, have such share of my estate as in the
absence of any will, would have fallen to the descendant of my
deceased sister Ursula Eaton; to be shared equally by my
said nieces; and I give and bequeath the same to them.
Fourth:~ That my said nieces Lucy E. Potter and Helen E Potter
and my nephew Clarence G. Potter, all children of my brother
Lyman, have such share of my Estate as in the absence of
any Will, would have fallen to my brother Israel or his
heirs to be shared equally by said Lucy E. Helen E. and
Clarence G. Potter and I give and bequeath the same to
them, the intention being that my said brother Israel Potter
and his heirs shall have no part of my estate, he being
already well supplied with this worlds goods.
Fifth:~ That my nephews Erskine H. Potter and Frank Pot=
=ter and my niece Mary E. Keating all children of my
brother Amos. Potter, have such share of my estate as
would, in the absence of any Will, have fallen to the heirs
of my said brother Amos to be shared eaqually by them, and
I give and bequeath the same to them.
Sixth:~ That my nieces Laura NB. Dermond and Mary Vanderpool
[corresponds to page 429 of Delaware County Will Records Vol. 8 1887-1890]
429
Cornelia Potter's Will
Which testimony was reduced to writing, by them respectively
subscribed, and filed with said Will, whereupon the Court
finds that the aforesaid instrument of writing is the last
Will and Testament of said Cornelia Potter, deceased.
That the same was duly executed and attested; and that the
said Testatrix, at the time of making, signing and sealing
said Will, was of full age, of sound mind and memory, and
not under any restraint. It is, therefore, by the Court or=
=dered, that the said Will be admitted to probate - and that
the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of
record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
I, Cornelia Potter, an unmarried woman now residing in
Delaware County in the State of Ohio, do hereby make
my last Will and Testament by which I direct: ~
First:~ That all my just debts be paid out of the proceeds of my
estate.
Second:~ That my following named brothers and sisters to-wit: Ly=
=man Potter - Louisa P. Riley - and Fidelia Phlips each
have such share of my estate as they each would have, under
the laws of Ohio, at the time of my death if I had made no
Will. and I give and bequeath the same to them.
Third:~ That my nieces Lucy E and Helen E. Potter, daughters of
my brother Lyman, have such share of my estate as in the
absence of any will, would have fallen to the descendant of my
deceased sister Ursula Eaton; to be shared equally by my
said nieces; and I give and bequeath the same to them.
Fourth:~ That my said nieces Lucy E. Potter and Helen E Potter
and my nephew Clarence G. Potter, all children of my brother
Lyman, have such share of my Estate as in the absence of
any Will, would have fallen to my brother Israel or his
heirs to be shared equally by said Lucy E. Helen E. and
Clarence G. Potter and I give and bequeath the same to
them, the intention being that my said brother Israel Potter
and his heirs shall have no part of my estate, he being
already well supplied with this worlds goods.
Fifth:~ That my nephews Erskine H. Potter and Frank Pot=
=ter and my niece Mary E. Keating all children of my
brother Amos. Potter, have such share of my estate as
would, in the absence of any Will, have fallen to the heirs
of my said brother Amos to be shared eaqually by them, and
I give and bequeath the same to them.
Sixth:~ That my nieces Laura NB. Dermond and Mary Vanderpool
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 496)
Description
[page 496]
[corresponds to page 430 of Delaware County Will Records Vol. 8 1887-1890]
430
Cornelia Potter's Will
daughters of my deceased sister Sophronia Benton have
such share of my estate as would in the absence of any Will
have fallen to the heirs of my said deceased sister Sophronia ,
to be shared equally by them and I give and bequeath the
same to them; the intention being to exclude their brother
Charles Benton, who is liberally pensioned by the Government.
Seventh:~ It is my Will that in case of the death, prior to my
death, of any of the devisees named in this Will, the share
of my estate which I have herein devised to such devisee shall
become at my death, the property of his or her heirs in such
shares as they would have received it had such devisees sur=
=vived me and died in possession of the property.
Eighth:~` I hereby select to be the Executrix and Executor of this
Will my niece Lucy E. Potter & my nephew Clarence G.
Potter and request the proper court to appoint them as such
Executrix & Executor.
Ninth:~ I hereby revoke all former wills made by me.
Signed at Ashley, Ohio, this 7th
day of January 1889.
Cornelia Potter.
The above Will was this 7th day of January 1889 at Ash=
=ley. Ohio, signed by Cornelia Potter in our presence and
declared by her to be her last Will and Testament, and at
her request and in her presence and in the presence of each
other we sign our names hereto as witnesses.
Solomon Shoemaker
Hannah Shoemaker.
[corresponds to page 430 of Delaware County Will Records Vol. 8 1887-1890]
430
Cornelia Potter's Will
daughters of my deceased sister Sophronia Benton have
such share of my estate as would in the absence of any Will
have fallen to the heirs of my said deceased sister Sophronia ,
to be shared equally by them and I give and bequeath the
same to them; the intention being to exclude their brother
Charles Benton, who is liberally pensioned by the Government.
Seventh:~ It is my Will that in case of the death, prior to my
death, of any of the devisees named in this Will, the share
of my estate which I have herein devised to such devisee shall
become at my death, the property of his or her heirs in such
shares as they would have received it had such devisees sur=
=vived me and died in possession of the property.
Eighth:~` I hereby select to be the Executrix and Executor of this
Will my niece Lucy E. Potter & my nephew Clarence G.
Potter and request the proper court to appoint them as such
Executrix & Executor.
Ninth:~ I hereby revoke all former wills made by me.
Signed at Ashley, Ohio, this 7th
day of January 1889.
Cornelia Potter.
The above Will was this 7th day of January 1889 at Ash=
=ley. Ohio, signed by Cornelia Potter in our presence and
declared by her to be her last Will and Testament, and at
her request and in her presence and in the presence of each
other we sign our names hereto as witnesses.
Solomon Shoemaker
Hannah Shoemaker.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 497)
Description
[page 497]
[corresponds to page 431 of Delaware County Will Records Vol. 8 1887-1890]
431
Sallie Welch' Will
4618 Journal Entry
December. 14th 1889.
In the Matter of the Will }
of Sallie Welch. deceased. } This day, an instrument of writing,
purporting to be the last Will and
Testament of Sallie Welch, late of Delaware City , in
this County deceased, was produced in open Court for Probate;
On consideration whereof, it is ordered that the said Will be
filed in this Court, And thereupon came Lurietta Welch -
Ralph R. Welch - Henry A. Welch - Edward Welch -
Fannie S. Welch - Louie Welch - Philena B. Tallman -
Lucy P. Welch and Calvin Welch next of kin of the Tes=
=tatrix, and in writing, waived further notice and consented to
the probate of said Will - it is therefore ordered that due no=
=tice of the filing of said Will, and of the application to admit
the same to probate and record, be given to William O. Welch -
Priscilla Littell- L.G. Peet - William Peet and Mary
Hendricks next of kin of the Testatrix, resident of the
State of Ohio, that said application will be for hearing before
this Court on the 24th day of December. A.D. 1889. at 9
o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver
We the undersigned next of kin of the within named dece=
=dent hereby waive further notice, and consent to the probate
of said Will.
Dated Dec 14, 1889.
Henry A. Welch.
Ralph R. Welch. Edward Welch.
Lucy P. Welch Fannie S. Welch.
Calvin Welch Louie Welch.
Lurietta Welch. Philena B. Tallman.
Application to Probate Will
In the Probate Court_ Delaware County. Ohio.
In the Matter of the Will of }
Sallie Welch - deceased. } To the Honorable the Judge
of said Court.
And now comes Lurietta
Welch and produced for admission to Probate in said Court
the last Will and Testament of Sallie Welch, late a
resident of the City of Delaware in said County, who died
on the 8 day of October, A.D. 1889.
Said Testatrix died leaving no widower, and the following
[corresponds to page 431 of Delaware County Will Records Vol. 8 1887-1890]
431
Sallie Welch' Will
4618 Journal Entry
December. 14th 1889.
In the Matter of the Will }
of Sallie Welch. deceased. } This day, an instrument of writing,
purporting to be the last Will and
Testament of Sallie Welch, late of Delaware City , in
this County deceased, was produced in open Court for Probate;
On consideration whereof, it is ordered that the said Will be
filed in this Court, And thereupon came Lurietta Welch -
Ralph R. Welch - Henry A. Welch - Edward Welch -
Fannie S. Welch - Louie Welch - Philena B. Tallman -
Lucy P. Welch and Calvin Welch next of kin of the Tes=
=tatrix, and in writing, waived further notice and consented to
the probate of said Will - it is therefore ordered that due no=
=tice of the filing of said Will, and of the application to admit
the same to probate and record, be given to William O. Welch -
Priscilla Littell- L.G. Peet - William Peet and Mary
Hendricks next of kin of the Testatrix, resident of the
State of Ohio, that said application will be for hearing before
this Court on the 24th day of December. A.D. 1889. at 9
o'clock A.M.
N.F. Overturf
Probate Judge.
Waiver
We the undersigned next of kin of the within named dece=
=dent hereby waive further notice, and consent to the probate
of said Will.
Dated Dec 14, 1889.
Henry A. Welch.
Ralph R. Welch. Edward Welch.
Lucy P. Welch Fannie S. Welch.
Calvin Welch Louie Welch.
Lurietta Welch. Philena B. Tallman.
Application to Probate Will
In the Probate Court_ Delaware County. Ohio.
In the Matter of the Will of }
Sallie Welch - deceased. } To the Honorable the Judge
of said Court.
And now comes Lurietta
Welch and produced for admission to Probate in said Court
the last Will and Testament of Sallie Welch, late a
resident of the City of Delaware in said County, who died
on the 8 day of October, A.D. 1889.
Said Testatrix died leaving no widower, and the following
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 498)
Description
[page 498]
[corresponds to page 432 of Delaware County Will Records Vol. 8 1887-1890]
432
Sallie Welch Will
named persons, all of her next of kin resident in the State of
Ohio.
Name Degree of Kinship P.O. Address
Lurietta Welch. Sister Delaware Ohio
William Welch. Nephew Columbus. O.
Philena B. Tallman Niece Delaware Ohio
Henry A. Welch Nephew " "
Ralph R. Welch " " "
Edward Welch " " "
Tammie S. Welch Niece " "
Louie Welch Nephew " "
Dr Calvin Welch " " "
Lucy Welch Niece " "
Priscilla Littell " Kenton. Ohio .
L.G. Peet Nephew Richwood . Ohio
William Peet "
Mary Hendricks Niece Delaware. O.
The State of Ohio }
Delaware County.ss } The above named Lurietta Welch
being first duly sworn, says the state=
=ments of the foregoing application are true as she verily be=
=lieves.
her
Lurietta X Welch.
mark
Sworn to before me and subscribed in my presence this 6th day
of Dec. A.D. 1889.
Witness N.F. Overturf
H.A. Welch Probate Judge
N.F. Overturf.
Notice.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and
Testament of Sallie Welch, deceased.
To Henry Welch.
You are hereby commanded
to notify William O Welch. Priscilla Littell . L.G.
Peet. William Peet. Mary Hendricks that on the 14th
day of December. A.D. 1889. an instrument of writing pur=
=porting to be the last Will and Testament of Sallie Welch
late of Delaware City, in said County, deceased, was produced
in said Court, and an application to admit the same to pro=
=bate was on the same day made in said Court. Said appli=
=cation will be for hearing before this Court on the 4th day of
December A.D. 1889 at 9 o'clock A.M,
[corresponds to page 432 of Delaware County Will Records Vol. 8 1887-1890]
432
Sallie Welch Will
named persons, all of her next of kin resident in the State of
Ohio.
Name Degree of Kinship P.O. Address
Lurietta Welch. Sister Delaware Ohio
William Welch. Nephew Columbus. O.
Philena B. Tallman Niece Delaware Ohio
Henry A. Welch Nephew " "
Ralph R. Welch " " "
Edward Welch " " "
Tammie S. Welch Niece " "
Louie Welch Nephew " "
Dr Calvin Welch " " "
Lucy Welch Niece " "
Priscilla Littell " Kenton. Ohio .
L.G. Peet Nephew Richwood . Ohio
William Peet "
Mary Hendricks Niece Delaware. O.
The State of Ohio }
Delaware County.ss } The above named Lurietta Welch
being first duly sworn, says the state=
=ments of the foregoing application are true as she verily be=
=lieves.
her
Lurietta X Welch.
mark
Sworn to before me and subscribed in my presence this 6th day
of Dec. A.D. 1889.
Witness N.F. Overturf
H.A. Welch Probate Judge
N.F. Overturf.
Notice.
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and
Testament of Sallie Welch, deceased.
To Henry Welch.
You are hereby commanded
to notify William O Welch. Priscilla Littell . L.G.
Peet. William Peet. Mary Hendricks that on the 14th
day of December. A.D. 1889. an instrument of writing pur=
=porting to be the last Will and Testament of Sallie Welch
late of Delaware City, in said County, deceased, was produced
in said Court, and an application to admit the same to pro=
=bate was on the same day made in said Court. Said appli=
=cation will be for hearing before this Court on the 4th day of
December A.D. 1889 at 9 o'clock A.M,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 499)
Description
[page 499]
[corresponds to page 433 of Delaware County Will Records Vol. 8 1887-1890]
433
Sallie Welch' Will
Witness my hand and the seal of said Probate Court,
at Delaware, Ohio, this 14th day of December A.D. 1889
N.F. Overturf
{Seal} Probate Judge
Proof of Service .
The State of Ohio }
Delaware County.ss. } Henry A. Welch, being duly sworn,
says that on the 19 day of Dec. A.D.
1889, he served the within notice by delivering a true copy
thereof to the within named William O. Welch - Priscilla
Littell - L.G. Peet - William Peet . Mary Hendricks -
Henry A. Welch.
Subscribed in my presence and sworn to before me this 24
day of December. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Testimony of Witnesss
In Probate Court ~ } In the Matter of proving the last Will and
Delaware County, Ohio } Testament of Sallie Welch. Deceased.
The State of Ohio }
Delaware County.ss } Ida Shur Welch, being duly sworn
and examined as a witness in the above
entitled matter, says; I was present at the execution of the
instrument now shown to me, bearing date the 22nd day of Ap=
=ril. A.D. 1873, and offered for probate as the last Will and
Testament of Sallie Welch, late of Delaware City, in
said County of Delaware, deceased, and saw the said Sallie
Welch, now deceased sign and seal said instrument, and heard
her acknowledge the same to be her last Will and Testament,
and I, thereupon, at her request, and in her presence, subscribed
my name to the same as a witness. The said decedent, at
the time of making, signing and sealing said instrument,
was of full age, of sound mind and memory, and not under any
restraint.
Ida Shur Welch.
Sworn to and subscribed by said witness in open Court. this 24th day
of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Signature of Witness to Will
The State of Ohio }
Delaware County.ss } J. L. Thurston and W. H. Cutler being duly
[corresponds to page 433 of Delaware County Will Records Vol. 8 1887-1890]
433
Sallie Welch' Will
Witness my hand and the seal of said Probate Court,
at Delaware, Ohio, this 14th day of December A.D. 1889
N.F. Overturf
{Seal} Probate Judge
Proof of Service .
The State of Ohio }
Delaware County.ss. } Henry A. Welch, being duly sworn,
says that on the 19 day of Dec. A.D.
1889, he served the within notice by delivering a true copy
thereof to the within named William O. Welch - Priscilla
Littell - L.G. Peet - William Peet . Mary Hendricks -
Henry A. Welch.
Subscribed in my presence and sworn to before me this 24
day of December. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Testimony of Witnesss
In Probate Court ~ } In the Matter of proving the last Will and
Delaware County, Ohio } Testament of Sallie Welch. Deceased.
The State of Ohio }
Delaware County.ss } Ida Shur Welch, being duly sworn
and examined as a witness in the above
entitled matter, says; I was present at the execution of the
instrument now shown to me, bearing date the 22nd day of Ap=
=ril. A.D. 1873, and offered for probate as the last Will and
Testament of Sallie Welch, late of Delaware City, in
said County of Delaware, deceased, and saw the said Sallie
Welch, now deceased sign and seal said instrument, and heard
her acknowledge the same to be her last Will and Testament,
and I, thereupon, at her request, and in her presence, subscribed
my name to the same as a witness. The said decedent, at
the time of making, signing and sealing said instrument,
was of full age, of sound mind and memory, and not under any
restraint.
Ida Shur Welch.
Sworn to and subscribed by said witness in open Court. this 24th day
of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Proof of Signature of Witness to Will
The State of Ohio }
Delaware County.ss } J. L. Thurston and W. H. Cutler being duly
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 500)
Description
[page 500]
[corresponds to page 434 of Delaware County Will Records Vol. 8 1887-1890]
434
Sallie Welch Will
sworn, say that they were well acquainted with A.R. Gould, who
is now deceased, that they were well acquainted with the hand
writing of the said A.R. Gould, having often seen him write, that
the signature A.R. Gould, as subscribing witness to the last
Will and Testament of Sallie Welch, deceased, is in the own
proper hand writing and signature of the said A.R. Gould, who
at the date of said Will was in full life, and resided in Dela=
=ware, in said County.
J. L. Thurston
W. H. Cutler
Sworn to before me and subscribed in my presence, this 24th day
of December. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
December 24 1889.
In the Matter of the Will of }
Sallie Welch, deceased. } Be it remembered, that heretofore, to=
=wit, on the 14th day of December. A.
D.1889. an instrument of writing, purporting to be the last Will and
Testament of Sallie Welch, late of Delaware City, in this
County, deceased, was produced in open Court for probate, and was
then filed. And, it now being show to the satisfaction of the
Court, that due notice of the filing of said Will, and of the ap=
=plication to admit the same to probate and record in this Court,
has been given to William O. Welch. Priscilla Littell -
L.G. Peet. William Peet. Mary Hendricks (Lurietta
Welch. Henry A. Welch. Edward Welch. Fannie S. Welch -
Louie Welch - and Philena B. Tallman having waived Notice)
next of kin of the Testatrix, resident of the State of Ohio, pur=
=suant to a former order of this Court; therefore, on this day
came Ida Shur Welch one of the subscribing witnesses to
said Will, who being duly sworn testified to the due execution
and attestation of said Will, which testimony was reduced to
writing, by her subscribed , and filed with said Will.
And it appearing that A.R. Gould the other subscribing
witness to said Will is now deceased, thereupon J .L. Thurston
and W. H. Cutler appeared in open Court, and were duly sworn and
examined according to law touching the genuineness of the signa=
=ture of said A.R. Gould, attached to said Will, and their testi=
=mony thereon was reduced to writing and filed. ~ Whereupon
the court finds that the aforesaid instrument of writing is the
last Will and Testament of said Sallie Welch, deceased.
That the same was duly executed and attested; and that the
said Testatrix, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is, therefore, by the Court ordered, that the
[corresponds to page 434 of Delaware County Will Records Vol. 8 1887-1890]
434
Sallie Welch Will
sworn, say that they were well acquainted with A.R. Gould, who
is now deceased, that they were well acquainted with the hand
writing of the said A.R. Gould, having often seen him write, that
the signature A.R. Gould, as subscribing witness to the last
Will and Testament of Sallie Welch, deceased, is in the own
proper hand writing and signature of the said A.R. Gould, who
at the date of said Will was in full life, and resided in Dela=
=ware, in said County.
J. L. Thurston
W. H. Cutler
Sworn to before me and subscribed in my presence, this 24th day
of December. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
December 24 1889.
In the Matter of the Will of }
Sallie Welch, deceased. } Be it remembered, that heretofore, to=
=wit, on the 14th day of December. A.
D.1889. an instrument of writing, purporting to be the last Will and
Testament of Sallie Welch, late of Delaware City, in this
County, deceased, was produced in open Court for probate, and was
then filed. And, it now being show to the satisfaction of the
Court, that due notice of the filing of said Will, and of the ap=
=plication to admit the same to probate and record in this Court,
has been given to William O. Welch. Priscilla Littell -
L.G. Peet. William Peet. Mary Hendricks (Lurietta
Welch. Henry A. Welch. Edward Welch. Fannie S. Welch -
Louie Welch - and Philena B. Tallman having waived Notice)
next of kin of the Testatrix, resident of the State of Ohio, pur=
=suant to a former order of this Court; therefore, on this day
came Ida Shur Welch one of the subscribing witnesses to
said Will, who being duly sworn testified to the due execution
and attestation of said Will, which testimony was reduced to
writing, by her subscribed , and filed with said Will.
And it appearing that A.R. Gould the other subscribing
witness to said Will is now deceased, thereupon J .L. Thurston
and W. H. Cutler appeared in open Court, and were duly sworn and
examined according to law touching the genuineness of the signa=
=ture of said A.R. Gould, attached to said Will, and their testi=
=mony thereon was reduced to writing and filed. ~ Whereupon
the court finds that the aforesaid instrument of writing is the
last Will and Testament of said Sallie Welch, deceased.
That the same was duly executed and attested; and that the
said Testatrix, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint. It is, therefore, by the Court ordered, that the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 501)
Description
[page 501]
[corresponds to page 435 of Delaware County Will Records Vol. 8 1887-1890]
435
Sallie Welch Will
said Will be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of all I Sallie Welch
of the Village of Delaware in the County of Delaware State of
Ohio, being of lawful age and of sound mind & memory. do make
& publish this my last will & testament, hereby revoking & declaring
null & void all other last Will & Testaments or writings in
the nature of last Wills & Testaments heretofore by me made
or executed.
Item 1:- I desire that at my decease, my Executrix, hereinafter named
shall pay and discharge all my funeral expenses and expenses in=
=cident thereto, and also all my just debts including any and all
expense that may attend the settlement of my estate.
Item 2:- I devise & bequeath to my sister Lurietta Welch all the
Real Estate of which I may be the owner or in which I may have
an interest at the time of my decease. To have and to hold the
same to her the said Lurietta & to her heirs and assigns forever,
and also to my said sister Lurietta all my personal estate, in=
=cluding household furniture & goods, money, notes for money, bonds,
mortgages, stocks, & in fact all the personal property of which I may
be the owner or in which I may have an interest at the time of
my decease, and further I desire that my said sister Lurietta
shall have not only all the Real & Personal property of which I
may be in possession at the time of my decease, but also of any + all
the Real or personal property of which I may be in expectancy
by bequest or from any source whatever, that would have in any
manner come to me had I not died.
Item 3 ~ I nominate + appoint my said sister Lurietta Welch Exe=
=utrix of this my last Will + Testament, and desire that she
shall not be required to give bond + that there be no appraise=
=ment of my personal property.
In witness whereof I hereunto set my hand +
seal this 22nd day of April A.D. 1873.
Sallie Welch. {Seal}
Executed, signed, seal + acknowledged by the said Sallie
Welch as her last Will + testament in our presence, and
at her request signed by us in her presence + in the presence
of each other as witnesses thereto, on the day + at the date last
above written.
A.R. Gould {Seal}
Witnesses } Ida Shur. {Seal}
[corresponds to page 435 of Delaware County Will Records Vol. 8 1887-1890]
435
Sallie Welch Will
said Will be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as well as the
proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of all I Sallie Welch
of the Village of Delaware in the County of Delaware State of
Ohio, being of lawful age and of sound mind & memory. do make
& publish this my last will & testament, hereby revoking & declaring
null & void all other last Will & Testaments or writings in
the nature of last Wills & Testaments heretofore by me made
or executed.
Item 1:- I desire that at my decease, my Executrix, hereinafter named
shall pay and discharge all my funeral expenses and expenses in=
=cident thereto, and also all my just debts including any and all
expense that may attend the settlement of my estate.
Item 2:- I devise & bequeath to my sister Lurietta Welch all the
Real Estate of which I may be the owner or in which I may have
an interest at the time of my decease. To have and to hold the
same to her the said Lurietta & to her heirs and assigns forever,
and also to my said sister Lurietta all my personal estate, in=
=cluding household furniture & goods, money, notes for money, bonds,
mortgages, stocks, & in fact all the personal property of which I may
be the owner or in which I may have an interest at the time of
my decease, and further I desire that my said sister Lurietta
shall have not only all the Real & Personal property of which I
may be in possession at the time of my decease, but also of any + all
the Real or personal property of which I may be in expectancy
by bequest or from any source whatever, that would have in any
manner come to me had I not died.
Item 3 ~ I nominate + appoint my said sister Lurietta Welch Exe=
=utrix of this my last Will + Testament, and desire that she
shall not be required to give bond + that there be no appraise=
=ment of my personal property.
In witness whereof I hereunto set my hand +
seal this 22nd day of April A.D. 1873.
Sallie Welch. {Seal}
Executed, signed, seal + acknowledged by the said Sallie
Welch as her last Will + testament in our presence, and
at her request signed by us in her presence + in the presence
of each other as witnesses thereto, on the day + at the date last
above written.
A.R. Gould {Seal}
Witnesses } Ida Shur. {Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 502)
Description
[page 502]
[corresponds to page 436 of Delaware County Will Records Vol. 8 1887-1890]
436
Joel B Wood Will
4 6 17 Journal Entry
December 24 1889.
In the Matter of the Will }
of Joel B. Wood, deceased. } This day, an instrument of writing,
purporting to be the last Will and
Testament of Joel B. Wood, late of Delaware City, in
this County, deceased, was produced in open Court for Probate.
On consideration whereof, it is ordered that the said Will
be filed in this Court. And thereupon came Amanda
M. Wood, widow, and Augusta Wood. Jay W. Leeper. and
Emma T Bland next of kin of the Testator, resident of
the State of Ohio, and in writing, waived further notice and
consented to the probate of said Will, and thereupon came
Rebecca B. Vail and Lydia M. Bushfield the sub=
=scribing witnesses to said Will, who being duly sworn, testified
to the due execution and attestation of said Will, which tes=
=timony was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will and Tes=
=tament of said Joel B. Wood, deceased. That the same
was duly executed and attested; and that the said Testator,
at the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under any re=
=straint. It is, therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Joel } Application to Admit to Probate.
B. Wood - Deceased ~ }
To the Hon. N.F. Overturf
Judge of the Probate Court in and for said County.
Your petitioner respectfully represents that Joel
B. Wood, late of resident of the Township of Delaware, in
said County, died on or about the 16th day of November. A.
D.1889 leaving an instrument in writing, hereto attached,
purporting to be his last Will and Testament:
That the said Joel B. Wood died leaving Amanda M.
Wood, widow, and the following named persons his only next
of kin resident of the State of Ohio:
[corresponds to page 436 of Delaware County Will Records Vol. 8 1887-1890]
436
Joel B Wood Will
4 6 17 Journal Entry
December 24 1889.
In the Matter of the Will }
of Joel B. Wood, deceased. } This day, an instrument of writing,
purporting to be the last Will and
Testament of Joel B. Wood, late of Delaware City, in
this County, deceased, was produced in open Court for Probate.
On consideration whereof, it is ordered that the said Will
be filed in this Court. And thereupon came Amanda
M. Wood, widow, and Augusta Wood. Jay W. Leeper. and
Emma T Bland next of kin of the Testator, resident of
the State of Ohio, and in writing, waived further notice and
consented to the probate of said Will, and thereupon came
Rebecca B. Vail and Lydia M. Bushfield the sub=
=scribing witnesses to said Will, who being duly sworn, testified
to the due execution and attestation of said Will, which tes=
=timony was reduced to writing, by them respectively subscribed,
and filed with said Will, whereupon the Court finds that
the aforesaid instrument of writing is the last Will and Tes=
=tament of said Joel B. Wood, deceased. That the same
was duly executed and attested; and that the said Testator,
at the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under any re=
=straint. It is, therefore, by the Court ordered, that the said
Will be admitted to probate, and that the same, together
with the testimony of the witnesses above named, as well as
the proceedings had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of Joel } Application to Admit to Probate.
B. Wood - Deceased ~ }
To the Hon. N.F. Overturf
Judge of the Probate Court in and for said County.
Your petitioner respectfully represents that Joel
B. Wood, late of resident of the Township of Delaware, in
said County, died on or about the 16th day of November. A.
D.1889 leaving an instrument in writing, hereto attached,
purporting to be his last Will and Testament:
That the said Joel B. Wood died leaving Amanda M.
Wood, widow, and the following named persons his only next
of kin resident of the State of Ohio:
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 503)
Description
[page 503]
[corresponds to page 437 of Delaware County Will Records Vol. 8 1887-1890]
437
Joel B. Wood's Will
Name Degree of Kinship P.O. Address
James W. Leeper Grand - son Delaware, O
Emma F Bland Daughter Girls Ind. Home. O.
Augusta A. Wood " Delaware O.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be
notified according to law of the pending of said proceedings
Amanda M. Wood
The foregoing application was signed in my presence and
sworn to before me, this 24th day of December A.D. 1889.
N.F. Overturf
Probate Judge .
Waiver
We, the undersigned widow & next of kin of the within
named decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 16th day of December A.D. 1889.
Amanda M. Wood. Jay W. Leeper
Augusta Wood. Emma F. Bland .
Probate of Will
The State of Ohio } In Probate Court
Delaware County.ss }
Personally appeared in open Court
Rebecca B. Vail and Lidia M. Bushfield, the subscribing
witnesses to the last Will and Testament of Joel B. Wood
late of Delaware Township in said Delaware County de=
=ceased, who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the paper
before them bearing date the 27 day of August A.D. 1884.
purporting to be the last Will and Testament of Joel B.
Wood, now deceased, is the Will of said deceased, Joel B.
Wood, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that they
saw the said Joel B. Wood deceased sign and seal said
Will, and heard him acknowledge the same to be his last
Will and Testament, and that the said Joel B. Wood at
the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under any
restraint.
Rebecca B. Vail
Lydia M. Bushfield.
[corresponds to page 437 of Delaware County Will Records Vol. 8 1887-1890]
437
Joel B. Wood's Will
Name Degree of Kinship P.O. Address
James W. Leeper Grand - son Delaware, O
Emma F Bland Daughter Girls Ind. Home. O.
Augusta A. Wood " Delaware O.
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be
notified according to law of the pending of said proceedings
Amanda M. Wood
The foregoing application was signed in my presence and
sworn to before me, this 24th day of December A.D. 1889.
N.F. Overturf
Probate Judge .
Waiver
We, the undersigned widow & next of kin of the within
named decedent, hereby waive further notice, and consent to
the probate of said Will.
Dated this 16th day of December A.D. 1889.
Amanda M. Wood. Jay W. Leeper
Augusta Wood. Emma F. Bland .
Probate of Will
The State of Ohio } In Probate Court
Delaware County.ss }
Personally appeared in open Court
Rebecca B. Vail and Lidia M. Bushfield, the subscribing
witnesses to the last Will and Testament of Joel B. Wood
late of Delaware Township in said Delaware County de=
=ceased, who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the paper
before them bearing date the 27 day of August A.D. 1884.
purporting to be the last Will and Testament of Joel B.
Wood, now deceased, is the Will of said deceased, Joel B.
Wood, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed their
names to the same as witnesses, in his presence; that they
saw the said Joel B. Wood deceased sign and seal said
Will, and heard him acknowledge the same to be his last
Will and Testament, and that the said Joel B. Wood at
the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under any
restraint.
Rebecca B. Vail
Lydia M. Bushfield.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 504)
Description
[page 504]
[corresponds to page 438 of Delaware County Will Records Vol. 8 1887-1890]
438
Joel B. Woods Estate.
Sworn to and subscribed by said witnesses, in open Court, this
24 day of Dec. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Copy of Will
On this twenty seventh day of August 1884. I Joel B.
Wood of the City of Delaware and State of Ohio and of the
age of seventy two years and being of sound mind and memory
do make publish and declare this my last Will and Testa=
=ment in the manner follows, that is to say,
First of all I do hereby give and bequeath to my wife A=
=manda M. Wood all of my property both personal and real
estate with the power and rite to transfer sell or dispose of
as she may feel disposed to do and at the decease of A.M.
Wood I do hereby give and bequeath to Emma F. Bland
the House and Lot by her paying to Mary M. Sackett Fif=
=ty Dollars $50. also to Thressa J. Wood $50. Fifty Dol=
=lars and if Augusta is living to pay her $100, One Hundred
Dollars. We give this to Emmy G Bland for support,
us during our natural lives and I also give J. W. Leep=
=er my silver watch after we are done with it and I
also appoint my wife as Administratrix of my last will
and testament on this the twenty seventh day of August
1884.
The instrument on the sheet above was at the date thereof
sealed published and declared by the said Joel B. Wood for
his last Will and Testament in present of us who at his
request and in his presence and in the presence of each other
have subscribed our names as witnesses thereto or to the
instrument on the sheet above this was the date thereof de=
=livered to us by Joel B Wood the Testator therein men=
=tioned to be his Last Will and Testament and he at the
same time acknowledged to us and each of us that he had
signed and sealed the same and we therefore at his request
and in his presence and in the presence of each other do sign
our names thereto as witnesses.
Joel B Wood.
Rebecca B Vail
Lydia M Bushfield
[corresponds to page 438 of Delaware County Will Records Vol. 8 1887-1890]
438
Joel B. Woods Estate.
Sworn to and subscribed by said witnesses, in open Court, this
24 day of Dec. A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Copy of Will
On this twenty seventh day of August 1884. I Joel B.
Wood of the City of Delaware and State of Ohio and of the
age of seventy two years and being of sound mind and memory
do make publish and declare this my last Will and Testa=
=ment in the manner follows, that is to say,
First of all I do hereby give and bequeath to my wife A=
=manda M. Wood all of my property both personal and real
estate with the power and rite to transfer sell or dispose of
as she may feel disposed to do and at the decease of A.M.
Wood I do hereby give and bequeath to Emma F. Bland
the House and Lot by her paying to Mary M. Sackett Fif=
=ty Dollars $50. also to Thressa J. Wood $50. Fifty Dol=
=lars and if Augusta is living to pay her $100, One Hundred
Dollars. We give this to Emmy G Bland for support,
us during our natural lives and I also give J. W. Leep=
=er my silver watch after we are done with it and I
also appoint my wife as Administratrix of my last will
and testament on this the twenty seventh day of August
1884.
The instrument on the sheet above was at the date thereof
sealed published and declared by the said Joel B. Wood for
his last Will and Testament in present of us who at his
request and in his presence and in the presence of each other
have subscribed our names as witnesses thereto or to the
instrument on the sheet above this was the date thereof de=
=livered to us by Joel B Wood the Testator therein men=
=tioned to be his Last Will and Testament and he at the
same time acknowledged to us and each of us that he had
signed and sealed the same and we therefore at his request
and in his presence and in the presence of each other do sign
our names thereto as witnesses.
Joel B Wood.
Rebecca B Vail
Lydia M Bushfield
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 505)
Description
[page 505]
[corresponds to page 439 of Delaware County Will Records Vol. 8 1887-1890]
439
Thomas G. Miller's Will
Journal Entry.
December 24th 1889.
In the Matter of the Will of }
Thomas G. Miller= deceased; } This day, an instrument of writing,
purporting to be the last Will and
Testament of Thomas G. Miller, late of Delaware City, in
this County, deceased, was produced in open Court for probate.
On consideration whereof, it is ordered that the said Will
be filed in this Court. ~ And thereupon came Rebecca
H. Miller and Margaret M. Stevens, widow and only next
of kin of said Testator, resident of the State of Ohio, and
in writing, waived further notice and consented to the probate
of said Will. And thereupon came J.F. Curren and
J. Hipple the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing, by them
respectively subscribed, and filed with said Will, whereupon
the court finds that the aforesaid instrument of writing is the
last Will and Testament of said Thomas G. Miller, de=
=ceased. That the same was duly executed and attested, and
that the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of
record in this Court.
Citation ordered and issued to Rebecca H. Miller, widow
of said decedent to elect as to said Will, as required by law.
N.F. Overturf
Probate Judge
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Thomas G. Miller - deceased. }
To the Hon. N.F. Overturf.
Judge of the Probate Court in and for said Court:
Your petitioner respectfully rep=
=resents that Thomas G. Miller, late a resident of the
Township of Delaware & City of Delaware in said County
died on or about the 19th day of December A.D. 1889 leaving
an instrument in writing, hereto attached. purporting to be
his last Will and Testament: That the said Thomas G.
[corresponds to page 439 of Delaware County Will Records Vol. 8 1887-1890]
439
Thomas G. Miller's Will
Journal Entry.
December 24th 1889.
In the Matter of the Will of }
Thomas G. Miller= deceased; } This day, an instrument of writing,
purporting to be the last Will and
Testament of Thomas G. Miller, late of Delaware City, in
this County, deceased, was produced in open Court for probate.
On consideration whereof, it is ordered that the said Will
be filed in this Court. ~ And thereupon came Rebecca
H. Miller and Margaret M. Stevens, widow and only next
of kin of said Testator, resident of the State of Ohio, and
in writing, waived further notice and consented to the probate
of said Will. And thereupon came J.F. Curren and
J. Hipple the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attestation of
said Will. Which testimony was reduced to writing, by them
respectively subscribed, and filed with said Will, whereupon
the court finds that the aforesaid instrument of writing is the
last Will and Testament of said Thomas G. Miller, de=
=ceased. That the same was duly executed and attested, and
that the said Testator, at the time of making, signing and
sealing said Will, was of full age, of sound mind and memory,
and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and that
the same, together with the testimony of the witnesses above
named, as well as the proceedings had thereon, be entered of
record in this Court.
Citation ordered and issued to Rebecca H. Miller, widow
of said decedent to elect as to said Will, as required by law.
N.F. Overturf
Probate Judge
Application for Probate of Will.
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the Last }
Will and Testament of } Application to Admit to Probate.
Thomas G. Miller - deceased. }
To the Hon. N.F. Overturf.
Judge of the Probate Court in and for said Court:
Your petitioner respectfully rep=
=resents that Thomas G. Miller, late a resident of the
Township of Delaware & City of Delaware in said County
died on or about the 19th day of December A.D. 1889 leaving
an instrument in writing, hereto attached. purporting to be
his last Will and Testament: That the said Thomas G.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 506)
Description
[page 506]
[corresponds to page 440 of Delaware County Will Records Vol. 8 1887-1890]
440
Thomas G. Miller's Estate.
Miller died leaving Rebecca H. Miller, widow, and the fol=
=lowing named persons his only next of kin resident of the
State of Ohio.
Margaret M. Stevens Daughter. Delaware. O.
Your petitioner prays that a time may be fixed for the prov=
=ing of said Will, and that said above named persons may
be notified according to law of the pending of said proceedings.
Margaret M. Stevens.
The foregoing application was signed in my presence and sworn
to before me, this 24th day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned, widow & daughters of the within named
decedent, hereby waive further notice, and consent to the probate
of said Will.
Dated this 24th day of December A.D. 1889.
Rebecca H. Miller
Margaret M. Stevens.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss }
Personally appeared in open Court,
J.F. Curren and J. Hipple the subscribing witnesses
to the last Will and Testament of Thomas G. Miller
late of Delaware City & Township in said Delaware Coun=
=ty, deceased; who being duly sworn according to law, to speak
the truth, the whole truth, and nothing but the truth, in
relation to the execution of said Will, depose and say: That
the paper before them bearing date the 16th day of October A.
D. 1885, purporting to be the last Will and Testament of Thom=
=as G. Miller now deceased, is the Will of said deceased,
Thomas G. Miller, that they were present at the execution
of said Will, and at the request of the Testator, respective=
=ly subscribed their names to the same as witnesses, in
his presence; that they saw the said Thomas G. Miller
deceased sign and seal said Will, and heard him ac=
=knowledge the same to be his last Will and Testament;
and that the said Thomas G. Miller at the time of mak=
=ing, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
J.F. Curren
J. Hipple
[corresponds to page 440 of Delaware County Will Records Vol. 8 1887-1890]
440
Thomas G. Miller's Estate.
Miller died leaving Rebecca H. Miller, widow, and the fol=
=lowing named persons his only next of kin resident of the
State of Ohio.
Margaret M. Stevens Daughter. Delaware. O.
Your petitioner prays that a time may be fixed for the prov=
=ing of said Will, and that said above named persons may
be notified according to law of the pending of said proceedings.
Margaret M. Stevens.
The foregoing application was signed in my presence and sworn
to before me, this 24th day of December A.D. 1889.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned, widow & daughters of the within named
decedent, hereby waive further notice, and consent to the probate
of said Will.
Dated this 24th day of December A.D. 1889.
Rebecca H. Miller
Margaret M. Stevens.
Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss }
Personally appeared in open Court,
J.F. Curren and J. Hipple the subscribing witnesses
to the last Will and Testament of Thomas G. Miller
late of Delaware City & Township in said Delaware Coun=
=ty, deceased; who being duly sworn according to law, to speak
the truth, the whole truth, and nothing but the truth, in
relation to the execution of said Will, depose and say: That
the paper before them bearing date the 16th day of October A.
D. 1885, purporting to be the last Will and Testament of Thom=
=as G. Miller now deceased, is the Will of said deceased,
Thomas G. Miller, that they were present at the execution
of said Will, and at the request of the Testator, respective=
=ly subscribed their names to the same as witnesses, in
his presence; that they saw the said Thomas G. Miller
deceased sign and seal said Will, and heard him ac=
=knowledge the same to be his last Will and Testament;
and that the said Thomas G. Miller at the time of mak=
=ing, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint.
J.F. Curren
J. Hipple
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 507)
Description
[page 507]
[corresponds to page 441 of Delaware County Will Records Vol. 8 1887-1890]
441
Thomas G. Miller Will
Sworn to and subscribed to by said witnesses, in open Court
this 24th day of December A.D. 1889.
{Seal} N.F. Overturf
Probate Judge
Copy of Will
I, Thomas G. Miller of Brown Township Delaware
County, Ohio, do hereby make and publish this my Last
Will and Testament.
Item 1 It is my Will that all my just debts and funeral ex=
=penses be paid.
Item 2. I give and bequeath to my wife Rebecca Miller in trust
for my grand daughter Nellie M. Stevens Five Hundred
Dollars to be used and expended by my wife in such manner
as she sees fit and expedient for the support and education of
my said grand - daughter and I desire that no bond be given
or required of my said wife for said trust.
Item 3 I give devise and bequeath to my wife Rebecca Miller and
my daughter Margaret Ann Stevens and my grand daugh=
=ter Nellie M. Stevens all the rest and residue of my
property Real & personal of every kind and description to
them and their heirs forever. share and share alike.
And this devise and bequest is in lieu of my wifes dower
homestead and years support and all Statutory allowances
so far as my wife is concerned.
Item 4. I hereby nominate and appoint my daughter Margaret
Ann Stevens Guardian of my grand daughter Nellie
M. Stephens and desire that no bonds be required of her.
Item 5. I do hereby nominate and appoint my wife Rebecca Miller
and my daughter Margaret Ann Stevens Executrixses of
this my Last Will and Testament hereby authorizing and
empowering them to compromise adjust, release and discharge
in such manner as they may deem proper the debts and
claims due me. I do also authorize them if it shall
become necessary in order to pay debts or to carry out the
provisions of this Will, to sell by private sale or public sale
in such manner, upon such terms of credit, or otherwise
as they may think proper all or any part of my personal
property or real estate and to make execute and deliver to
the purchaser or purchasers good and sufficient deeds of con=
=veyance for the same conveying the title thereto in fee simple.
I desire that no bonds be required of my Executors and
that no appraisement and no sale of my personal property be
made except such sale thereof as they may think best
and that the Court of Probate direct the omission of the
[corresponds to page 441 of Delaware County Will Records Vol. 8 1887-1890]
441
Thomas G. Miller Will
Sworn to and subscribed to by said witnesses, in open Court
this 24th day of December A.D. 1889.
{Seal} N.F. Overturf
Probate Judge
Copy of Will
I, Thomas G. Miller of Brown Township Delaware
County, Ohio, do hereby make and publish this my Last
Will and Testament.
Item 1 It is my Will that all my just debts and funeral ex=
=penses be paid.
Item 2. I give and bequeath to my wife Rebecca Miller in trust
for my grand daughter Nellie M. Stevens Five Hundred
Dollars to be used and expended by my wife in such manner
as she sees fit and expedient for the support and education of
my said grand - daughter and I desire that no bond be given
or required of my said wife for said trust.
Item 3 I give devise and bequeath to my wife Rebecca Miller and
my daughter Margaret Ann Stevens and my grand daugh=
=ter Nellie M. Stevens all the rest and residue of my
property Real & personal of every kind and description to
them and their heirs forever. share and share alike.
And this devise and bequest is in lieu of my wifes dower
homestead and years support and all Statutory allowances
so far as my wife is concerned.
Item 4. I hereby nominate and appoint my daughter Margaret
Ann Stevens Guardian of my grand daughter Nellie
M. Stephens and desire that no bonds be required of her.
Item 5. I do hereby nominate and appoint my wife Rebecca Miller
and my daughter Margaret Ann Stevens Executrixses of
this my Last Will and Testament hereby authorizing and
empowering them to compromise adjust, release and discharge
in such manner as they may deem proper the debts and
claims due me. I do also authorize them if it shall
become necessary in order to pay debts or to carry out the
provisions of this Will, to sell by private sale or public sale
in such manner, upon such terms of credit, or otherwise
as they may think proper all or any part of my personal
property or real estate and to make execute and deliver to
the purchaser or purchasers good and sufficient deeds of con=
=veyance for the same conveying the title thereto in fee simple.
I desire that no bonds be required of my Executors and
that no appraisement and no sale of my personal property be
made except such sale thereof as they may think best
and that the Court of Probate direct the omission of the
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 508)
Description
[page 508]
[corresponds to page 442 of Delaware County Will Records Vol. 8 1887-1890]
442
Thomas G. Miller Estate
same in pursuance of the Statute.
In testimony hereof I have hereunto
set my hand and seal this Sixteenth day of October. A.
D. 1885.
T.G. Miller. {Seal}
Signed and acknowledged by
said Thomas G. Miller as
his Last Will and Testament
in our presence; and signed by
us in his presence.
J.T. Curren
J. Hipple.
[corresponds to page 442 of Delaware County Will Records Vol. 8 1887-1890]
442
Thomas G. Miller Estate
same in pursuance of the Statute.
In testimony hereof I have hereunto
set my hand and seal this Sixteenth day of October. A.
D. 1885.
T.G. Miller. {Seal}
Signed and acknowledged by
said Thomas G. Miller as
his Last Will and Testament
in our presence; and signed by
us in his presence.
J.T. Curren
J. Hipple.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 509)
Description
[page 509]
[corresponds to page 443 of Delaware County Will Records Vol. 8 1887-1890]
443
Mathew A. & Cynthia R. McDaniel's Will
Journal Entry
4639 January11th 1890. }
In the Matter of the last Will and }
Testament of Mathew A. Mc } Authenticated Copy.
Daniel and Cythia R. McDaniel }
late of Morrow County. Ohio. deceased,
An authenticated copy of the
last Will and Testament of Mathew A. McDaniel and
Cynthia R. McDaniel, late of Morrow County. Ohio. de=
=ceased, and of the order of probate of the same, in said County.
were this day presented to this Court for record. Whereupon
the Court, finding that certain real estate devised by said
Will, is situated in this County hereby admits said cop
=ies to record, as provided by law in such cases.
N.F. Overturf
Probate Judge.
Certified Copy of Will
In the name of Benevolent Father of all, we Mathew A.
McDaniel and Cynthia R. MacDaniel do make and pub=
=lish this our last will and testament.
Item 1.- It is our will that our daughter Mary C. McDaniel
(a mute) if living at the time of our death to receive one thousand
dollars from our real or personal estate. The above named sum
to be put into the hands of M.F. Bonum to be used for her
as her circumstance may require. He to be held responsible for
same principle and interest.
Item 2.- It is our will that within two years after the death
of both of us that the real estate be sold and divided among our
heirs as follow ~ The heirs of our older daughter Lydda
Fleming deceased James W McDaniel his heirs Henry
K. McDaniel & his heirs - Ann J. Fleming & her heirs -
Clara Bonum & heirs share and share equal after Benjamin
F. McDaniel has received an equal share with those here
mentioned and four hundred dollars extra for labor performed
by him for us.
3 - We do hereby nominate and appoint William A. Flem=
=ing Executor of this our last will and testament hereby au=
=thorizing and empowering him to sell our real estate and deeds to
purchasers to execute and deliver in fee simple.
4 We do hereby authorize and empower our executor to appraise
and sell the personal property that be in our possession and not
otherwise disposed of at the time of our decease.
We do hereby revoke all former wills by either of us made.
In testimony hereof we hereunto set our hands and seals
this ninth day of May 1888.
Matthew G. McDaniel
Cynthia R. McDaniel
[corresponds to page 443 of Delaware County Will Records Vol. 8 1887-1890]
443
Mathew A. & Cynthia R. McDaniel's Will
Journal Entry
4639 January11th 1890. }
In the Matter of the last Will and }
Testament of Mathew A. Mc } Authenticated Copy.
Daniel and Cythia R. McDaniel }
late of Morrow County. Ohio. deceased,
An authenticated copy of the
last Will and Testament of Mathew A. McDaniel and
Cynthia R. McDaniel, late of Morrow County. Ohio. de=
=ceased, and of the order of probate of the same, in said County.
were this day presented to this Court for record. Whereupon
the Court, finding that certain real estate devised by said
Will, is situated in this County hereby admits said cop
=ies to record, as provided by law in such cases.
N.F. Overturf
Probate Judge.
Certified Copy of Will
In the name of Benevolent Father of all, we Mathew A.
McDaniel and Cynthia R. MacDaniel do make and pub=
=lish this our last will and testament.
Item 1.- It is our will that our daughter Mary C. McDaniel
(a mute) if living at the time of our death to receive one thousand
dollars from our real or personal estate. The above named sum
to be put into the hands of M.F. Bonum to be used for her
as her circumstance may require. He to be held responsible for
same principle and interest.
Item 2.- It is our will that within two years after the death
of both of us that the real estate be sold and divided among our
heirs as follow ~ The heirs of our older daughter Lydda
Fleming deceased James W McDaniel his heirs Henry
K. McDaniel & his heirs - Ann J. Fleming & her heirs -
Clara Bonum & heirs share and share equal after Benjamin
F. McDaniel has received an equal share with those here
mentioned and four hundred dollars extra for labor performed
by him for us.
3 - We do hereby nominate and appoint William A. Flem=
=ing Executor of this our last will and testament hereby au=
=thorizing and empowering him to sell our real estate and deeds to
purchasers to execute and deliver in fee simple.
4 We do hereby authorize and empower our executor to appraise
and sell the personal property that be in our possession and not
otherwise disposed of at the time of our decease.
We do hereby revoke all former wills by either of us made.
In testimony hereof we hereunto set our hands and seals
this ninth day of May 1888.
Matthew G. McDaniel
Cynthia R. McDaniel
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 510)
Description
[page 510]
[corresponds to page 444 of Delaware County Will Records Vol. 8 1887-1890]
444
Mathew A. & Cynthia R. McDaniel's Will
Signed and acknowledged by Matthew A. McDaniel and Cyn=
=thia R. McDaniel as their last Will and Testament in our
presents and signed by us in their presence.
R.N. Leonard
Ida Leonard.
Probate Court. Morrow Co. } Ohio. December 31 1889.
In the Matter of the Will of }
Matthew A. McDaniel, and } Will admitted to Probate.
Cynthia R. McDaniel, deceased. }
The joint last Will and Testament
of Matthew A. McDaniel and Cynthia R. McDaniel, deceased,
late of this County was this day presented to the Court for pro=
=bate and record, and it appearing to the Court, that said above
named decedents were husband and wife, and that all their next
of kin residents of Ohio have been duly notified of the presen=
=tation of said Will for probate: Thereupon R. N. Leonard and
Ida Leonard subscribing witnesses to said Will, appeared in open
court, and were duly sworn and examined according to law, and their
testimony thereon was reduced to writing and filed. And it ap=
=pearing to the Court from the testimony as taken, that the
said will was duly executed and attested, and that at the time
of executing the same, each of said Testators was of full age,
and of sound mind and memory, and not under any restraint,
the Court now admits the said Will to probate, and orders the
same together with the testimony so taken to be recorded.
The State of . Ohio }
Morrow County . ss } I, L K Powell, Sole Judge and Ex Officio
Clerk of the Probate Court within and
for the County of Morrow do hereby certify that the foregoing is
a true copy of the Last Will and Testament of Matthew A.
and Cynthia R. McDaniel, deceased. late of said Morrow
County. Ohio, together with the entry of Probate thereof, as the
same remains on file and probate (and record) in said Court, and
in my custody.
In Witness Whereof, I have hereunto set
my hand and affixed the seal of said Probate Court at Mr.
Gilead. Ohio, this 10th day of January A.D. 1890.
L.K. Powell.
{Seal} Judge and Ex-Officio Clerk
[corresponds to page 444 of Delaware County Will Records Vol. 8 1887-1890]
444
Mathew A. & Cynthia R. McDaniel's Will
Signed and acknowledged by Matthew A. McDaniel and Cyn=
=thia R. McDaniel as their last Will and Testament in our
presents and signed by us in their presence.
R.N. Leonard
Ida Leonard.
Probate Court. Morrow Co. } Ohio. December 31 1889.
In the Matter of the Will of }
Matthew A. McDaniel, and } Will admitted to Probate.
Cynthia R. McDaniel, deceased. }
The joint last Will and Testament
of Matthew A. McDaniel and Cynthia R. McDaniel, deceased,
late of this County was this day presented to the Court for pro=
=bate and record, and it appearing to the Court, that said above
named decedents were husband and wife, and that all their next
of kin residents of Ohio have been duly notified of the presen=
=tation of said Will for probate: Thereupon R. N. Leonard and
Ida Leonard subscribing witnesses to said Will, appeared in open
court, and were duly sworn and examined according to law, and their
testimony thereon was reduced to writing and filed. And it ap=
=pearing to the Court from the testimony as taken, that the
said will was duly executed and attested, and that at the time
of executing the same, each of said Testators was of full age,
and of sound mind and memory, and not under any restraint,
the Court now admits the said Will to probate, and orders the
same together with the testimony so taken to be recorded.
The State of . Ohio }
Morrow County . ss } I, L K Powell, Sole Judge and Ex Officio
Clerk of the Probate Court within and
for the County of Morrow do hereby certify that the foregoing is
a true copy of the Last Will and Testament of Matthew A.
and Cynthia R. McDaniel, deceased. late of said Morrow
County. Ohio, together with the entry of Probate thereof, as the
same remains on file and probate (and record) in said Court, and
in my custody.
In Witness Whereof, I have hereunto set
my hand and affixed the seal of said Probate Court at Mr.
Gilead. Ohio, this 10th day of January A.D. 1890.
L.K. Powell.
{Seal} Judge and Ex-Officio Clerk
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 511)
Description
[page 511]
[corresponds to page 445 of Delaware County Will Records Vol. 8 1887-1890]
445
Thomas Jones Will. (Franklin Co O.)
4 6 3 8 Journal Entry .
January. 18 1890. }
In the Matter of the Au= }
=thenticated Copy of the last }
Will nad Testament of Thom= }
=as Jones. late of Franklin }
County. Ohio, deceased }
An authenticated copy of the last
Will and Testament of Thomas Jones late of Franklin
County. Ohio. deceased, and of the order of probate of the
same, in said County, were this day presented to this Court
for record. Whereupon the court finding that certain real
estate devised by said Will is situated in this County -
hereby admits said copies to record, as provided by law in
such cases.
N.F. Overturf
Probate Judge.
Copy of Will and Proceedings. Filed January. 18 1890
Thomas Jones Will
In the Matter of the Will of } Probate Court. Franklin County O.
Thomas Jones, Deceased. }
April 29 A.D. 1889.
This day an instrument of writing, purporting to be the
Last Will and Testament of Thomas Jones, late of Perry
Township, in this County- deceased, was produced in open Court
for Probate. It is now ordered that the said Will be filed in
this Court and that due notice thereof and of the application to
admit the same to Probate and Record, be given to the widow
and next of kin of the Testator, resident of the State of Ohio,
2 days prior thereto, that said application will be for hear=
=ing before this Court, on the 4th day of May A D. 1889 at
2 o'clock P M., said notice to be in writing and to be served
on said parties personally, or by leaving copies thereof at
their usual place of residence.
Charles G. Saffin
Probate Judge.
And afterwards to-wit: on the 4th day of May A.D. 1889,
the finds and orders of this Court relative to the last
Will and Testament of Thomas Jones, deceased, were en=
=tered on the Journal in words and figures following. to-wit:
In the Matter of the Will
of Thomas Jones, Deceased. May 4 A.D. 1889.
Be it Remembered, That heretofore, to-wit: on the 29th day
[corresponds to page 445 of Delaware County Will Records Vol. 8 1887-1890]
445
Thomas Jones Will. (Franklin Co O.)
4 6 3 8 Journal Entry .
January. 18 1890. }
In the Matter of the Au= }
=thenticated Copy of the last }
Will nad Testament of Thom= }
=as Jones. late of Franklin }
County. Ohio, deceased }
An authenticated copy of the last
Will and Testament of Thomas Jones late of Franklin
County. Ohio. deceased, and of the order of probate of the
same, in said County, were this day presented to this Court
for record. Whereupon the court finding that certain real
estate devised by said Will is situated in this County -
hereby admits said copies to record, as provided by law in
such cases.
N.F. Overturf
Probate Judge.
Copy of Will and Proceedings. Filed January. 18 1890
Thomas Jones Will
In the Matter of the Will of } Probate Court. Franklin County O.
Thomas Jones, Deceased. }
April 29 A.D. 1889.
This day an instrument of writing, purporting to be the
Last Will and Testament of Thomas Jones, late of Perry
Township, in this County- deceased, was produced in open Court
for Probate. It is now ordered that the said Will be filed in
this Court and that due notice thereof and of the application to
admit the same to Probate and Record, be given to the widow
and next of kin of the Testator, resident of the State of Ohio,
2 days prior thereto, that said application will be for hear=
=ing before this Court, on the 4th day of May A D. 1889 at
2 o'clock P M., said notice to be in writing and to be served
on said parties personally, or by leaving copies thereof at
their usual place of residence.
Charles G. Saffin
Probate Judge.
And afterwards to-wit: on the 4th day of May A.D. 1889,
the finds and orders of this Court relative to the last
Will and Testament of Thomas Jones, deceased, were en=
=tered on the Journal in words and figures following. to-wit:
In the Matter of the Will
of Thomas Jones, Deceased. May 4 A.D. 1889.
Be it Remembered, That heretofore, to-wit: on the 29th day
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 512)
Description
[page 512]
[corresponds to page 446 of Delaware County Will Records Vol. 8 1887-1890]
446
Thomas Jones Will- (Franklin Co. O.)
of April. A.D. 1889 an instrument of writing, purporting to be
the Last Will and Testament of Thomas Jones late of
Perry Township in this County, deceased, was produced in
open Court for Probate, and was then filed. And it
now being shown to the satisfaction of the Court, that due no=
=tice of the filing of said Will and of the application to admit
the same to Probate and Record in this Court - has been
given to the widow and next of kin of the Testator, pursuant
to a former order of this Court; thereupon on this day came
Ira H Crum and W. Galbraith the subscribing witnesses
to said Will, who being duly qualified, testified to the due exe=
=cution and attestation of said Will; which testimony was re=
=duced to writing, by them respectively subscribed, and filed with
said Will. Whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament of said
Thomas Jones deceased; that the same was duly executed
and attested; that the said Testator, at the time of signing
the same, was of lawful age, of sound and disposing mind
and memory, and under no undue or unlawful restraint
whatsoever. It is therefore by the Court ordered, that the
said Will be admitted to Probate, and that the same,
together with the testimony of the witnesses above named,
be entered of Record in this Court.
Charles G. Saffin
Probate Judge.
Will.
Be it known that I Thomas Jones of the Township of
Perry, County of Franklin and State of Ohio being of
sound and disposing mind and memory, do hereby make and pub=
=lish this my last Will and Testament.
Item 1 I give, devise and bequeath to my son Lovett W Jones
and to my daughter Olive Abigal Jones my homestead
and the land thereto attached situated in Franklin Coun=
=ty. Ohio, also my mill property in said Franklin County.
Ohio and commonly known as "Jones Mill" also my
farm of two hundred and six acres situated in Radnor
Township Delaware County. Ohio to have and to hold to
the said Lovett W. Jones and Olive Abigal Jones their
heirs and assigns forever share and share alike.
Item 2. I give devise and bequeath to my said son Lovett W Jones
and my said daughter Olive Abigal Jones all my personal
and chattel property of any and every kind and description.
[four lines of text crossed out]
Item 3 I desire that my son Lovett W Jones and my daughter
Olive Abigal Jones shall pay my indebtedness in equal
[corresponds to page 446 of Delaware County Will Records Vol. 8 1887-1890]
446
Thomas Jones Will- (Franklin Co. O.)
of April. A.D. 1889 an instrument of writing, purporting to be
the Last Will and Testament of Thomas Jones late of
Perry Township in this County, deceased, was produced in
open Court for Probate, and was then filed. And it
now being shown to the satisfaction of the Court, that due no=
=tice of the filing of said Will and of the application to admit
the same to Probate and Record in this Court - has been
given to the widow and next of kin of the Testator, pursuant
to a former order of this Court; thereupon on this day came
Ira H Crum and W. Galbraith the subscribing witnesses
to said Will, who being duly qualified, testified to the due exe=
=cution and attestation of said Will; which testimony was re=
=duced to writing, by them respectively subscribed, and filed with
said Will. Whereupon the Court finds that the aforesaid
instrument of writing is the last Will and Testament of said
Thomas Jones deceased; that the same was duly executed
and attested; that the said Testator, at the time of signing
the same, was of lawful age, of sound and disposing mind
and memory, and under no undue or unlawful restraint
whatsoever. It is therefore by the Court ordered, that the
said Will be admitted to Probate, and that the same,
together with the testimony of the witnesses above named,
be entered of Record in this Court.
Charles G. Saffin
Probate Judge.
Will.
Be it known that I Thomas Jones of the Township of
Perry, County of Franklin and State of Ohio being of
sound and disposing mind and memory, do hereby make and pub=
=lish this my last Will and Testament.
Item 1 I give, devise and bequeath to my son Lovett W Jones
and to my daughter Olive Abigal Jones my homestead
and the land thereto attached situated in Franklin Coun=
=ty. Ohio, also my mill property in said Franklin County.
Ohio and commonly known as "Jones Mill" also my
farm of two hundred and six acres situated in Radnor
Township Delaware County. Ohio to have and to hold to
the said Lovett W. Jones and Olive Abigal Jones their
heirs and assigns forever share and share alike.
Item 2. I give devise and bequeath to my said son Lovett W Jones
and my said daughter Olive Abigal Jones all my personal
and chattel property of any and every kind and description.
[four lines of text crossed out]
Item 3 I desire that my son Lovett W Jones and my daughter
Olive Abigal Jones shall pay my indebtedness in equal
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 513)
Description
[page 513]
[corresponds to page 447 of Delaware County Will Records Vol. 8 1887-1890]
447
Thomas Jones Will - (Franklin Co. O.)
shares.
Item 4 I hereby nominate and appoint my son Lovett W. Jones Ex=
ecutor of this my last will and testament and I request that
he be not required to give any bond as such Executor.
It is my desire that my said Executor may if he shall
think best continue to operate and run said mill for the joint
interest of himself and my said daughter Olive Abigal Jones
until she shall arrive at the age of majority.
Item 5. I give, devise and bequeath any and all property of which
I may die seized or possessed weather personal or real to
my son Lovett W. Jones and to my daughter Olive Abi=
gal Jones share and share alike.
Item 6. I hereby revoke any and all other wills and codicils here=
=tofore by me made.
In Testimony whereof I have hereunto set
my hand and seal this the 11th day of April A.D. 1889.
Thos Jones. {Seal}
Signed sealed and acknowledged by Thomas Jones as his
Last Will and Testament and signed by us as witnesses
at his request and in his presence and in the presence of
each other. April 11th 1889.
Ira H. Crum.
W. Galbraith.
Testimony.
The subscribing witnesses to said Will, after being duly
sworn to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
testified thereto in open Court, which testimony was re=
=duced to writing, and by them respectively subscribed, and
is in words and figures following, to-wit:
The State of Ohio Probate Court.
Franklin County.ss
We, Ira H Crum and W. Gal=
=braith being duly sworn in open Court, this 4th day of
May A.D. 1889. depose and say that we were present at
the execution of the Last Will and Testament of Thom=
as Jones, deceased, hereinto annexed. That we saw Thom=
as Jones, said Testator subscribe said Will, and heard
him publish and declare the same to be his Last Will
and Testament; and that the said Thomas Jones, 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 sign=
ed the same as witnesses at his request, and in his presence.
Ira H. Crum.
W. Galbraith
[corresponds to page 447 of Delaware County Will Records Vol. 8 1887-1890]
447
Thomas Jones Will - (Franklin Co. O.)
shares.
Item 4 I hereby nominate and appoint my son Lovett W. Jones Ex=
ecutor of this my last will and testament and I request that
he be not required to give any bond as such Executor.
It is my desire that my said Executor may if he shall
think best continue to operate and run said mill for the joint
interest of himself and my said daughter Olive Abigal Jones
until she shall arrive at the age of majority.
Item 5. I give, devise and bequeath any and all property of which
I may die seized or possessed weather personal or real to
my son Lovett W. Jones and to my daughter Olive Abi=
gal Jones share and share alike.
Item 6. I hereby revoke any and all other wills and codicils here=
=tofore by me made.
In Testimony whereof I have hereunto set
my hand and seal this the 11th day of April A.D. 1889.
Thos Jones. {Seal}
Signed sealed and acknowledged by Thomas Jones as his
Last Will and Testament and signed by us as witnesses
at his request and in his presence and in the presence of
each other. April 11th 1889.
Ira H. Crum.
W. Galbraith.
Testimony.
The subscribing witnesses to said Will, after being duly
sworn to speak the truth, the whole truth, and nothing
but the truth, in relation to the execution of said Will,
testified thereto in open Court, which testimony was re=
=duced to writing, and by them respectively subscribed, and
is in words and figures following, to-wit:
The State of Ohio Probate Court.
Franklin County.ss
We, Ira H Crum and W. Gal=
=braith being duly sworn in open Court, this 4th day of
May A.D. 1889. depose and say that we were present at
the execution of the Last Will and Testament of Thom=
as Jones, deceased, hereinto annexed. That we saw Thom=
as Jones, said Testator subscribe said Will, and heard
him publish and declare the same to be his Last Will
and Testament; and that the said Thomas Jones, 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 sign=
ed the same as witnesses at his request, and in his presence.
Ira H. Crum.
W. Galbraith
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 514)
Description
[page 514]
[corresponds to page 448 of Delaware County Will Records Vol. 8 1887-1890]
448
Thomas Jones Will - (Franklin Co. O.)
Sworn to and subscribed in open Court, on the day and year
first above written.
Charles G. Saffin.
Probate Judge.
The State of Ohio
Franklin County.ss.
I, Charles G. Saffin, Judge of the
Probate Court, within and for said County, hereby certify
the foregoing to be a true copy of the Last Will and Testa=
ment of Thomas Jones, deceased, as the same remains
on file and record in said Court, together with the orders
of said Court made on the Probate thereof, and of the tes=
timony of witnesses examined as reduced to writing and
filed, and as recorded in Record of Wills, Vol L, Page
401
Witness my official signature, and the seal of said
Court, at Columbus, this 14 day of January. A.D.
1890.
Charles G. Saffin
{Seal} Probate Judge.
By Samuel A. Kinnear - Deputy. Clerk.
[corresponds to page 448 of Delaware County Will Records Vol. 8 1887-1890]
448
Thomas Jones Will - (Franklin Co. O.)
Sworn to and subscribed in open Court, on the day and year
first above written.
Charles G. Saffin.
Probate Judge.
The State of Ohio
Franklin County.ss.
I, Charles G. Saffin, Judge of the
Probate Court, within and for said County, hereby certify
the foregoing to be a true copy of the Last Will and Testa=
ment of Thomas Jones, deceased, as the same remains
on file and record in said Court, together with the orders
of said Court made on the Probate thereof, and of the tes=
timony of witnesses examined as reduced to writing and
filed, and as recorded in Record of Wills, Vol L, Page
401
Witness my official signature, and the seal of said
Court, at Columbus, this 14 day of January. A.D.
1890.
Charles G. Saffin
{Seal} Probate Judge.
By Samuel A. Kinnear - Deputy. Clerk.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 515)
Description
[page 515]
[corresponds to page 449 of Delaware County Will Records Vol. 8 1887-1890]
449
Samuel Lowry Will
Journal Entry
January. 30 1890.
In the Matter of the Will
of Samuel Lowry.deceased.
This day an instrument of
writing, purporting to be the last Will and Testament of
Samuel Lowry, late of Liberty Township. in this County
deceased, was produced in open Court for Probate; On
consideration whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of the
application to admit the same to probate and record be given
to Roxia Lowry. Hilia A. Lowry - William H. Lowry -
Cynthia E. Case ~ A B.Lowry ~ Margaret Staley -
Charles T. Lowry ~ Phoebe Keesham - Samuel Lowry ~
Jennie Quigley ~ Mary Meeker and Lucina Roach. ~
Eliza Lowry, widow, and Minnie E. Shanahan, one of the
next of kin having waived Notice next of kin of the Tes=
tator, resident of the State of Ohio, that said application
will be for hearing before this Court on the 7 day of
February. A.D. 1890. at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the Last
Will and Testament of Application to Admit to Probate.
Samuel Lowry .deceased.
To the Hon. N F Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Samuel Lowry, late a resident of the Township of
Liberty, in said County, died on or about the 6 day of
January.A.D 1890, leaving an instrument in writing,
hereto attached, purporting to be his last Will and Testa=
ment. That the said Samuel Lowry. died leaving Eliza
Lowry, his widow, and the following named persons his only
next of kin resident of the State of Ohio.
Names Degree of Kinship P.O Address.
Minnie E. Shanahan Daughter. Columbus. O.
Roxia Lowry " Powell. O.
Helia A. Lowry " " "
William H. Lowry Son " "
Cynthia E. Case Daughter Columbus. O.
[corresponds to page 449 of Delaware County Will Records Vol. 8 1887-1890]
449
Samuel Lowry Will
Journal Entry
January. 30 1890.
In the Matter of the Will
of Samuel Lowry.deceased.
This day an instrument of
writing, purporting to be the last Will and Testament of
Samuel Lowry, late of Liberty Township. in this County
deceased, was produced in open Court for Probate; On
consideration whereof, it is ordered that the said Will be
filed in this Court, and that due notice thereof, and of the
application to admit the same to probate and record be given
to Roxia Lowry. Hilia A. Lowry - William H. Lowry -
Cynthia E. Case ~ A B.Lowry ~ Margaret Staley -
Charles T. Lowry ~ Phoebe Keesham - Samuel Lowry ~
Jennie Quigley ~ Mary Meeker and Lucina Roach. ~
Eliza Lowry, widow, and Minnie E. Shanahan, one of the
next of kin having waived Notice next of kin of the Tes=
tator, resident of the State of Ohio, that said application
will be for hearing before this Court on the 7 day of
February. A.D. 1890. at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the Last
Will and Testament of Application to Admit to Probate.
Samuel Lowry .deceased.
To the Hon. N F Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that Samuel Lowry, late a resident of the Township of
Liberty, in said County, died on or about the 6 day of
January.A.D 1890, leaving an instrument in writing,
hereto attached, purporting to be his last Will and Testa=
ment. That the said Samuel Lowry. died leaving Eliza
Lowry, his widow, and the following named persons his only
next of kin resident of the State of Ohio.
Names Degree of Kinship P.O Address.
Minnie E. Shanahan Daughter. Columbus. O.
Roxia Lowry " Powell. O.
Helia A. Lowry " " "
William H. Lowry Son " "
Cynthia E. Case Daughter Columbus. O.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 516)
Description
[page 516]
[corresponds to page 450 of Delaware County Will Records Vol. 8 1887-1890]
450
Samuel Lowry Will
A.B. Lowry Son Powell. O.
Margaret Staley Daughter Industrial Home.
Charles T. Lowry Son Powell O.
Phoebe Keesham Daughter Columbus. O.
Samuel Lowry Son Powell. O.
Jennie Quigley Daughter Bradnor.Wood. Co O.
Mary Meeker " Powell. O.
Lucinda Roach " Columbus. O.
Your petitioner prays that a time may be fixed for the prov=
ing of said Will, and that said above named persons may
be notified according to law of the pending of said proceedings:
her
Attest. ~ Eliza X Lowry .
mark
Mame Parks
Edwin J. Hall.
The foregoing application was signed in my presence and sworn
to before me, this 30 day of January. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned, widow and one of the next of kin of the with=
in named decedent, hereby waive further notice, and consent to
the probate of said Will,
her
Attest to mark Eliza X Lowry
mark
Mame Parks Minnie E. Shanahan.
Edwin J. Hall .
The foregoing application was signed in my presence and sworn
to before me, this 30 day of January. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned, widow and one of the next of kin of the with=
in named decedent, hereby waive further notice, and consent to
the probate of said Will,
her
Attest to mark Eliza X Lowry
mark
Mame Parks Minnie E. Shanahan.
Notice
The State of Ohio In Probate Court.
Delaware County ss.
In the Matter of the Last Will and Testament
of Samuel Lowry. deceased.
To Eliza Lowry:
You are hereby commanded to notify Roxia Lowry. Hilia
A Lowry. William H. Lowry. Cynthia E. Case- A.B. Lowry - Mar=
garet Staley . Charles T. Lowry. Phoebe Keesham . Samuel Lowry.
Jennie Quigley - Mary Meeker . Lucinda Roach. ~ that on the 30
day of January. A.D.1890. an instrument of writing, purport=
ing to be the last Will and Testament of Samuel Lowry _
late of Liberty Township, in said County - deceased, was produced
in said Court, and an application to admit the same to probate
was on the same day made in said Court. Said application
will be for hearing before this Court on the 7 day of February
A.D.1890. at 1 o'clock P.M.
Witness my hand and the seal of said Probate Court,
at Delaware, Ohio, this 30 day of January. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 450 of Delaware County Will Records Vol. 8 1887-1890]
450
Samuel Lowry Will
A.B. Lowry Son Powell. O.
Margaret Staley Daughter Industrial Home.
Charles T. Lowry Son Powell O.
Phoebe Keesham Daughter Columbus. O.
Samuel Lowry Son Powell. O.
Jennie Quigley Daughter Bradnor.Wood. Co O.
Mary Meeker " Powell. O.
Lucinda Roach " Columbus. O.
Your petitioner prays that a time may be fixed for the prov=
ing of said Will, and that said above named persons may
be notified according to law of the pending of said proceedings:
her
Attest. ~ Eliza X Lowry .
mark
Mame Parks
Edwin J. Hall.
The foregoing application was signed in my presence and sworn
to before me, this 30 day of January. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned, widow and one of the next of kin of the with=
in named decedent, hereby waive further notice, and consent to
the probate of said Will,
her
Attest to mark Eliza X Lowry
mark
Mame Parks Minnie E. Shanahan.
Edwin J. Hall .
The foregoing application was signed in my presence and sworn
to before me, this 30 day of January. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
Waiver
We, the undersigned, widow and one of the next of kin of the with=
in named decedent, hereby waive further notice, and consent to
the probate of said Will,
her
Attest to mark Eliza X Lowry
mark
Mame Parks Minnie E. Shanahan.
Notice
The State of Ohio In Probate Court.
Delaware County ss.
In the Matter of the Last Will and Testament
of Samuel Lowry. deceased.
To Eliza Lowry:
You are hereby commanded to notify Roxia Lowry. Hilia
A Lowry. William H. Lowry. Cynthia E. Case- A.B. Lowry - Mar=
garet Staley . Charles T. Lowry. Phoebe Keesham . Samuel Lowry.
Jennie Quigley - Mary Meeker . Lucinda Roach. ~ that on the 30
day of January. A.D.1890. an instrument of writing, purport=
ing to be the last Will and Testament of Samuel Lowry _
late of Liberty Township, in said County - deceased, was produced
in said Court, and an application to admit the same to probate
was on the same day made in said Court. Said application
will be for hearing before this Court on the 7 day of February
A.D.1890. at 1 o'clock P.M.
Witness my hand and the seal of said Probate Court,
at Delaware, Ohio, this 30 day of January. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 517)
Description
[page 517]
[corresponds to page 451 of Delaware County Will Records Vol. 8 1887-1890]
451
Samuel Lowry Will
Proof of Service
The State of Ohio
Delaware County.ss Eliza Lowry being duly sworn, says
that on the 31 day of January. 1890,
& 1 and 4 days of February. A.D.1890. she served the within
notice by delivering a true copy thereof to the within named
Roxia Lowry. Hilia A. Lowry ~ William H. Lowry -
Cynthia E. Case - A.B. Lowry ~ Margaret Staley
Charles T. Lowry - Phoebe Keesham_ Samuel Lowry -
Jennie Quigley ~ Mary Meeker and Lucinda Roach.
Witness to Mark.
her
Mame Parks Eliza X Lowry.
mark
Minnie E. Shanahan.
Subscribed in my presence and sworn to before me this 7
day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio In Probate Court
Delaware County.ss
Personally appeared in open Court.
James Hall and Edwin J. Hall the subscribing wit=
nesses to the last Will and Testament of Samuel Low=
ry late of Liberty Township in said Delaware County. de=
ceased, who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the pa=
per before them bearing date the 10 day of April. A.D.1888,
purporting to be the last Will and Testament of Samuel
Lowry, now deceased, is the Will of said deceased Samuel
Lowry, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence;
that they saw the said Samuel Lowry, deceased, sign and
seal said Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said Samuel
Lowry, at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory. and not under any
restraint.
James Hall
Edwin J. Hall
Sworn to and subscribed by said witnesses, in open Court
this 7 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 451 of Delaware County Will Records Vol. 8 1887-1890]
451
Samuel Lowry Will
Proof of Service
The State of Ohio
Delaware County.ss Eliza Lowry being duly sworn, says
that on the 31 day of January. 1890,
& 1 and 4 days of February. A.D.1890. she served the within
notice by delivering a true copy thereof to the within named
Roxia Lowry. Hilia A. Lowry ~ William H. Lowry -
Cynthia E. Case - A.B. Lowry ~ Margaret Staley
Charles T. Lowry - Phoebe Keesham_ Samuel Lowry -
Jennie Quigley ~ Mary Meeker and Lucinda Roach.
Witness to Mark.
her
Mame Parks Eliza X Lowry.
mark
Minnie E. Shanahan.
Subscribed in my presence and sworn to before me this 7
day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio In Probate Court
Delaware County.ss
Personally appeared in open Court.
James Hall and Edwin J. Hall the subscribing wit=
nesses to the last Will and Testament of Samuel Low=
ry late of Liberty Township in said Delaware County. de=
ceased, who being duly sworn according to law, to speak the
truth, the whole truth, and nothing but the truth, in relation
to the execution of said Will, depose and say: That the pa=
per before them bearing date the 10 day of April. A.D.1888,
purporting to be the last Will and Testament of Samuel
Lowry, now deceased, is the Will of said deceased Samuel
Lowry, that they were present at the execution of said Will,
and at the request of the Testator, respectively subscribed
their names to the same as witnesses, in his presence;
that they saw the said Samuel Lowry, deceased, sign and
seal said Will, and heard him acknowledge the same to be
his last Will and Testament, and that the said Samuel
Lowry, at the time of making, signing and sealing said Will,
was of full age, of sound mind and memory. and not under any
restraint.
James Hall
Edwin J. Hall
Sworn to and subscribed by said witnesses, in open Court
this 7 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 518)
Description
[page 518]
[corresponds to page 452 of Delaware County Will Records Vol. 8 1887-1890]
452
Samuel Lowry Will
Journal Entry.
February 7 1890.
In the Matter of the Will
of Samuel Lowry. deceased.
Be it remembered, that heretofore,
to-wit: on the 30 day of January. A.D. 1890. an instr=
ment of writing, purporting to be the last Will and Testament
of Samuel Lowry, late of Liberty Township, in this County -
deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this
COurt, had been given to Roxia Lowry Hilia A Lowry .
William H. Lowry - Cynthia E. Case - A.B. Lowry.
Margaret Staley - Charles T. Lowry_ Phoebe Keesham
Samuel Lowry - Jennie Quigley ~ Mary Meeker and
Lucinda Roach next of kin of the Testator, resident of
the State of Ohio, pursuant to a former order of this court -
(Eliza Lowry, widow, and Minnie E. Shanahan having
waived Notice), therefore, on this day came James
Hall and Edwin J. Hall the subscribing witnesses to
said Will, who being duly sworn. testified to the due exe=
cution and attestation of said Will, which testimony was
reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the court finds that the aforesaid
instrument of writing is the last Will and Testament of
said Samuel Lowry _ deceased. That the same was duly
executed and attested; and that the said Testator, at the
time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the pro=
ceedings had thereon, be entered of record in this Court.
Citation ordered and issued to Eliza Lowry. widow of
said decedent to elect as to said Will, as required by law.
And thereupon came said Eliza Lowry, widow, and
acknowledged service of the said Citation.
N F Overturf
Probate Judge
Copy of Will
In the name of the Benevolent Father of all. I
Samuel Lowry of Liberty Township. Del. Co. Ohio, do
make and publish this my last Will and Testament.
[corresponds to page 452 of Delaware County Will Records Vol. 8 1887-1890]
452
Samuel Lowry Will
Journal Entry.
February 7 1890.
In the Matter of the Will
of Samuel Lowry. deceased.
Be it remembered, that heretofore,
to-wit: on the 30 day of January. A.D. 1890. an instr=
ment of writing, purporting to be the last Will and Testament
of Samuel Lowry, late of Liberty Township, in this County -
deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this
COurt, had been given to Roxia Lowry Hilia A Lowry .
William H. Lowry - Cynthia E. Case - A.B. Lowry.
Margaret Staley - Charles T. Lowry_ Phoebe Keesham
Samuel Lowry - Jennie Quigley ~ Mary Meeker and
Lucinda Roach next of kin of the Testator, resident of
the State of Ohio, pursuant to a former order of this court -
(Eliza Lowry, widow, and Minnie E. Shanahan having
waived Notice), therefore, on this day came James
Hall and Edwin J. Hall the subscribing witnesses to
said Will, who being duly sworn. testified to the due exe=
cution and attestation of said Will, which testimony was
reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the court finds that the aforesaid
instrument of writing is the last Will and Testament of
said Samuel Lowry _ deceased. That the same was duly
executed and attested; and that the said Testator, at the
time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be
admitted to probate, and that the same, together with the
testimony of the witnesses above named, as well as the pro=
ceedings had thereon, be entered of record in this Court.
Citation ordered and issued to Eliza Lowry. widow of
said decedent to elect as to said Will, as required by law.
And thereupon came said Eliza Lowry, widow, and
acknowledged service of the said Citation.
N F Overturf
Probate Judge
Copy of Will
In the name of the Benevolent Father of all. I
Samuel Lowry of Liberty Township. Del. Co. Ohio, do
make and publish this my last Will and Testament.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 519)
Description
[page 519]
[corresponds to page 453 of Delaware County Will Records Vol. 8 1887-1890]
453
Samuel Lowry Will
Item 1 I give and devise to my beloved wife in lieu of her dower
the Farm on which we now reside. Situated in Liberty
Township. Dela. Co. Ohio, containing about Forty acres
(40) during her natural life. And all the Stock .house=
hold goods furniture, provisions and other goods and chattels
which may be thereon, at the time of my decease. I
give and bequeath to her absolutely. (she however selling so
much thereof as my be sufficient to pay my just debts.)
At the death of my said wife the real estate afore=
said and all chattle property belonging to said estate as
follows:
Item 2. I devise and bequeath to my daughter Minnie E.
Shanahan Two hundred & fifty dollars ($250.00)
Item 3, I devise and bequeath the remainder of my said
property in equal shares to the following persons and their
heirs. 1 Roxia Lowry - Hilia A. Lowry - Wil=
liam H. Lowry and Cynthia E. Case.
In testimony hereof I have hereunto set my
hand and seal this 10 day of April. in the year 1888.
Samuel Lowry. {Seal}
Signed and acknowledged by said Samuel Lowry as his
last Will and Testament in our presence and signed by
us in his presence.
Ada Hall {Seal}
James Hall {Seal}
Edwin J. Hall {Seal}
[corresponds to page 453 of Delaware County Will Records Vol. 8 1887-1890]
453
Samuel Lowry Will
Item 1 I give and devise to my beloved wife in lieu of her dower
the Farm on which we now reside. Situated in Liberty
Township. Dela. Co. Ohio, containing about Forty acres
(40) during her natural life. And all the Stock .house=
hold goods furniture, provisions and other goods and chattels
which may be thereon, at the time of my decease. I
give and bequeath to her absolutely. (she however selling so
much thereof as my be sufficient to pay my just debts.)
At the death of my said wife the real estate afore=
said and all chattle property belonging to said estate as
follows:
Item 2. I devise and bequeath to my daughter Minnie E.
Shanahan Two hundred & fifty dollars ($250.00)
Item 3, I devise and bequeath the remainder of my said
property in equal shares to the following persons and their
heirs. 1 Roxia Lowry - Hilia A. Lowry - Wil=
liam H. Lowry and Cynthia E. Case.
In testimony hereof I have hereunto set my
hand and seal this 10 day of April. in the year 1888.
Samuel Lowry. {Seal}
Signed and acknowledged by said Samuel Lowry as his
last Will and Testament in our presence and signed by
us in his presence.
Ada Hall {Seal}
James Hall {Seal}
Edwin J. Hall {Seal}
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 520)
Description
[page 520]
[corresponds to page 454 of Delaware County Will Records Vol. 8 1887-1890]
454
David Penry Estate.
Journal Entry.
February. 1 1890.
In the Matter of the Will
of David Penry_deceased, This day, an instrument of writing,
purporting to be the last Will and
Testament of David Penry, late of Radnor Township, in
this COunty . deceased, was produced in open Court for Probate;
On consideration whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof, and of the
application to admit the same to probate and record, be given to
Joanne Penry. widow, and Thomas L. Penry- Hannah Hord-
Amelia J. Adams and John P. Penry next of kin of
the Testator, resident of the State of Ohio. that said ap=
plication will be for hearing before this Court on the 8 day
of February. A.D.1890. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last
Will and Testament of Application to Admit to Probate.
David Penry - Deceased
To the Hon. N.F. Overturf. Judge
of the Probate Court in and for said County:
Your petitioner respectfully represents
that David Penry, late a resident of the Township of Rad=
not, in said County, died on or about the 27 day of January
A D.1890, leaving an instrument in writing, hereto attached
purporting to be his last Will and Testament. That the said
David Penry died leaving Joanna Penry. widow - and the fol=
lowing named persons his only next of kin resident of the State
of Ohio
Names Degree of Kinship P.O. Address.
Thomas L. Penry Son Prospect. O
Hannah Hord Daugh. Prospect. O.
Amelia J. Adams " " "
John R. Penry Son " "
Your petitioner prays that a time may be fixed for the
proving of said Will, and that said above named per=
sons may be notified according to law of the pending of
said proceedings.
William W. Jones.
The foregoing application was signed in my presence and
[corresponds to page 454 of Delaware County Will Records Vol. 8 1887-1890]
454
David Penry Estate.
Journal Entry.
February. 1 1890.
In the Matter of the Will
of David Penry_deceased, This day, an instrument of writing,
purporting to be the last Will and
Testament of David Penry, late of Radnor Township, in
this COunty . deceased, was produced in open Court for Probate;
On consideration whereof, it is ordered that the said Will
be filed in this Court, and that due notice thereof, and of the
application to admit the same to probate and record, be given to
Joanne Penry. widow, and Thomas L. Penry- Hannah Hord-
Amelia J. Adams and John P. Penry next of kin of
the Testator, resident of the State of Ohio. that said ap=
plication will be for hearing before this Court on the 8 day
of February. A.D.1890. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last
Will and Testament of Application to Admit to Probate.
David Penry - Deceased
To the Hon. N.F. Overturf. Judge
of the Probate Court in and for said County:
Your petitioner respectfully represents
that David Penry, late a resident of the Township of Rad=
not, in said County, died on or about the 27 day of January
A D.1890, leaving an instrument in writing, hereto attached
purporting to be his last Will and Testament. That the said
David Penry died leaving Joanna Penry. widow - and the fol=
lowing named persons his only next of kin resident of the State
of Ohio
Names Degree of Kinship P.O. Address.
Thomas L. Penry Son Prospect. O
Hannah Hord Daugh. Prospect. O.
Amelia J. Adams " " "
John R. Penry Son " "
Your petitioner prays that a time may be fixed for the
proving of said Will, and that said above named per=
sons may be notified according to law of the pending of
said proceedings.
William W. Jones.
The foregoing application was signed in my presence and
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 521)
Description
[page 521]
[corresponds to page 455 of Delaware County Will Records Vol. 8 1887-1890]
455
David Penry Estate.
sworn to before me, this 1 day of February. A.D.1890.
N.F. Overturf
Probate Judge.
Notice
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and
Testament of David Penry_ deceased.
To William W. Jones:
You are hereby commanded to notify Joanna Penry.
Thomas L. Penry - Hannah Hord - Amelia J. Adams
and John P. Penry. that on the 1 day of February. A.D.
1890, an instrument of writing, purporting to be the last
Will and Testament of David Penry late of Radnor Town=
ship, in said County. deceased. was produced in said court
and an application to admit the same to probate was on the
same day made in said Court, Said application will be for
hearing before this Court on the 8 day of February. A.D.
1890. at 10 o'clock A.M.
Witness my hand and the seal of said Pro=
bate Court. at Delaware , Ohio; this 1 day of February. A.D.
1890.
N.F. Overturf.
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss. William W. Jones being duly wrong,
says that on the 3 day of February. A.
D.1890. he served the within notice by delivering a true copy
thereof to the within named Joanne Penry. Thomas L.
Penry. Hannah Hord. Amelia J. Adams and John P.
Penry.
William W. Jones.
Subscribed in my presence and sworn to before me this 8
day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
[corresponds to page 455 of Delaware County Will Records Vol. 8 1887-1890]
455
David Penry Estate.
sworn to before me, this 1 day of February. A.D.1890.
N.F. Overturf
Probate Judge.
Notice
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and
Testament of David Penry_ deceased.
To William W. Jones:
You are hereby commanded to notify Joanna Penry.
Thomas L. Penry - Hannah Hord - Amelia J. Adams
and John P. Penry. that on the 1 day of February. A.D.
1890, an instrument of writing, purporting to be the last
Will and Testament of David Penry late of Radnor Town=
ship, in said County. deceased. was produced in said court
and an application to admit the same to probate was on the
same day made in said Court, Said application will be for
hearing before this Court on the 8 day of February. A.D.
1890. at 10 o'clock A.M.
Witness my hand and the seal of said Pro=
bate Court. at Delaware , Ohio; this 1 day of February. A.D.
1890.
N.F. Overturf.
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss. William W. Jones being duly wrong,
says that on the 3 day of February. A.
D.1890. he served the within notice by delivering a true copy
thereof to the within named Joanne Penry. Thomas L.
Penry. Hannah Hord. Amelia J. Adams and John P.
Penry.
William W. Jones.
Subscribed in my presence and sworn to before me this 8
day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 522)
Description
[page 522]
[corresponds to page 456 of Delaware County Will Records Vol. 8 1887-1890]
456
David Penry Will.
Probate of Will.
The State of Ohio. In Probate Court.
Delaware County.ss
Personally appeared in open Court,
J.P. Osborn and Walter Adams, the subscribing witness=
=es to the last Will and Testament of David Penry, late
of Radnor Township in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth
the whole truth, and nothing but the truth - in relation to
the execution of said Will, depose and say: That the paper
before them bearing date the 18 day of February. A.D.1888.
purporting to be the last Will and Testament of David Pen=
ry now deceased, is the Will of said deceased David Penry -
that they were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their names
to the same as witnesses, in his presence; that they saw
the said David Penry deceased sign and seal said Will,
and heard him acknowledge the same to be his last will
and Testament, and that the said David Penry at the time
of making, signing and sealing said Will, was of full age,
sound mind and memory, and not under any restraint.
Jas P. Osborn
Walter Adams.
Sworn to and subscribed by said witnesses, in open Court,
this 8 day of February. A.D.1890.
N.F. Overturf
Probate Judge
Journal Entry.
February.8 1890.
In the Matter of the Will
of David Penry. deceased.
Be it remembered, that heretofore, to=
wit: on the 1 day of February. A.D.1890, an instrument of
writing, purporting to be the last Will and Testament of
David Penry, late of Radnor Township, in this County.
deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this
Court, has been given to Joanna Penry. widow, and Thomas
L. Penry . Hannah Hord . Amelia J. Adams. and
John P. Penry, next of kin of the Testator, resident of the
State of Ohio. pursuant to a former order of this Court;
therefore, on this day came Jas P. Osborn and Walter
Adams the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attestation of
said Will, which testimony was reduced to writing, by them
[corresponds to page 456 of Delaware County Will Records Vol. 8 1887-1890]
456
David Penry Will.
Probate of Will.
The State of Ohio. In Probate Court.
Delaware County.ss
Personally appeared in open Court,
J.P. Osborn and Walter Adams, the subscribing witness=
=es to the last Will and Testament of David Penry, late
of Radnor Township in said Delaware County, deceased;
who being duly sworn according to law, to speak the truth
the whole truth, and nothing but the truth - in relation to
the execution of said Will, depose and say: That the paper
before them bearing date the 18 day of February. A.D.1888.
purporting to be the last Will and Testament of David Pen=
ry now deceased, is the Will of said deceased David Penry -
that they were present at the execution of said Will, and at
the request of the Testator, respectively subscribed their names
to the same as witnesses, in his presence; that they saw
the said David Penry deceased sign and seal said Will,
and heard him acknowledge the same to be his last will
and Testament, and that the said David Penry at the time
of making, signing and sealing said Will, was of full age,
sound mind and memory, and not under any restraint.
Jas P. Osborn
Walter Adams.
Sworn to and subscribed by said witnesses, in open Court,
this 8 day of February. A.D.1890.
N.F. Overturf
Probate Judge
Journal Entry.
February.8 1890.
In the Matter of the Will
of David Penry. deceased.
Be it remembered, that heretofore, to=
wit: on the 1 day of February. A.D.1890, an instrument of
writing, purporting to be the last Will and Testament of
David Penry, late of Radnor Township, in this County.
deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the
Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this
Court, has been given to Joanna Penry. widow, and Thomas
L. Penry . Hannah Hord . Amelia J. Adams. and
John P. Penry, next of kin of the Testator, resident of the
State of Ohio. pursuant to a former order of this Court;
therefore, on this day came Jas P. Osborn and Walter
Adams the subscribing witnesses to said Will, who being
duly sworn, testified to the due execution and attestation of
said Will, which testimony was reduced to writing, by them
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 523)
Description
[page 523]
[corresponds to page 457 of Delaware County Will Records Vol. 8 1887-1890]
457
David Penry Will
respectively subscribed, and filed with said Will, whereupon
the Court finds that the aforesaid instrument of writing
is the last Will and Testament of said David Penry.
deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, sign=
ing and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint. It is, there=
fore, by the Court ordered, that the said Will be admit=
ted to probate, and that the same, together with the testi=
mony of the witnesses above named, as well as the proceed
ings had thereon, be entered of record in this Court.
Citation ordered and issued to Joannah Penry
widow of said decedent, to elect as to said Will, as required
by law.
N. F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, Amen:
I David Penry of Radnor Township. Delaware
County. Ohio, being of sound and disposing mind and mem=
ory do make and publish the following as my last Will
and Testament.
Item 1 I give and devise to my beloved wife the farm on which
we now reside Situate in Radnor Township Dela=
was County Ohio, containing about one hundred and
thirty acres and all the stock household goods Furniture
provisions and all other goods and chattels belonging to me
at the time of my decease; during her natural life as afore=
said. she showever selling so much thereof as may be
sufficient to pay my just debts including my last sick=
ness, and funeral expense.
Item 2 It the death of my said wife, the real estate afore=
said and such part of the said personal property or the pro=
ceeds thereof; as may then remain unconsumed and unex=
pended, I give and devise to my children Thomas L. Penry,
John P. Penry. Mary Wolfley wife of Ebenezer Wolf=
ley: Hannah J. Hord wife of B.M. Hord. Amelia Ad=
ams wife of George Adams; all the rest and residue of my
estate; after the payment of my just debts as described in
the first item of this Will; and the expenses of the admin=
istration of my estate, to be divided between my said sons
Thomas L. Penry. John P. Penry. Mary Wolfley -
Hannah J. Hord. Amelia Adams share and share alike-
and in case either of my said sons: of daughters, die before
my decease, the share or portion of my said Estate herein
[corresponds to page 457 of Delaware County Will Records Vol. 8 1887-1890]
457
David Penry Will
respectively subscribed, and filed with said Will, whereupon
the Court finds that the aforesaid instrument of writing
is the last Will and Testament of said David Penry.
deceased. That the same was duly executed and attested;
and that the said Testator, at the time of making, sign=
ing and sealing said Will, was of full age, of sound mind
and memory, and not under any restraint. It is, there=
fore, by the Court ordered, that the said Will be admit=
ted to probate, and that the same, together with the testi=
mony of the witnesses above named, as well as the proceed
ings had thereon, be entered of record in this Court.
Citation ordered and issued to Joannah Penry
widow of said decedent, to elect as to said Will, as required
by law.
N. F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, Amen:
I David Penry of Radnor Township. Delaware
County. Ohio, being of sound and disposing mind and mem=
ory do make and publish the following as my last Will
and Testament.
Item 1 I give and devise to my beloved wife the farm on which
we now reside Situate in Radnor Township Dela=
was County Ohio, containing about one hundred and
thirty acres and all the stock household goods Furniture
provisions and all other goods and chattels belonging to me
at the time of my decease; during her natural life as afore=
said. she showever selling so much thereof as may be
sufficient to pay my just debts including my last sick=
ness, and funeral expense.
Item 2 It the death of my said wife, the real estate afore=
said and such part of the said personal property or the pro=
ceeds thereof; as may then remain unconsumed and unex=
pended, I give and devise to my children Thomas L. Penry,
John P. Penry. Mary Wolfley wife of Ebenezer Wolf=
ley: Hannah J. Hord wife of B.M. Hord. Amelia Ad=
ams wife of George Adams; all the rest and residue of my
estate; after the payment of my just debts as described in
the first item of this Will; and the expenses of the admin=
istration of my estate, to be divided between my said sons
Thomas L. Penry. John P. Penry. Mary Wolfley -
Hannah J. Hord. Amelia Adams share and share alike-
and in case either of my said sons: of daughters, die before
my decease, the share or portion of my said Estate herein
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 524)
Description
[page 524]
[corresponds to page 458 of Delaware County Will Records Vol. 8 1887-1890]
458
David Penry Will
directed to be paid to my said son or my said Daughter,
shall go to and be paid to the heirs of my said son or daugh=
ter.
I hereby appoint and constitute William W. Jones
Executor of this my last Will and Testament.
I hereby revoke all former Wills or parts of Wills
by me heretofore made and declare the foregoing to be my last
Will and Testament.
Witness my signature and seal this eighteenth
day of February in the year of our Lord one thousand eight
hundred and eighty eight.
David Penry. {Seal}
Signed by the above named David Penry in our pres=
ence, and by him declared to be his last Will and Testament
in our hearing and signed by us as witnesses at his request
and in his presence, and in the presence of each other on the
said 18 day of February.
J.P.Osborn.
Walter Adams
[corresponds to page 458 of Delaware County Will Records Vol. 8 1887-1890]
458
David Penry Will
directed to be paid to my said son or my said Daughter,
shall go to and be paid to the heirs of my said son or daugh=
ter.
I hereby appoint and constitute William W. Jones
Executor of this my last Will and Testament.
I hereby revoke all former Wills or parts of Wills
by me heretofore made and declare the foregoing to be my last
Will and Testament.
Witness my signature and seal this eighteenth
day of February in the year of our Lord one thousand eight
hundred and eighty eight.
David Penry. {Seal}
Signed by the above named David Penry in our pres=
ence, and by him declared to be his last Will and Testament
in our hearing and signed by us as witnesses at his request
and in his presence, and in the presence of each other on the
said 18 day of February.
J.P.Osborn.
Walter Adams
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 525)
Description
[page 525]
[corresponds to page 459 of Delaware County Will Records Vol. 8 1887-1890]
459
Ralph McCarty Estate.
Journal Entry
February. 4 1890.
In the Matter of the Will
of Ralph McCarty deceased. This day, an instrument of writing
purporting to be the last Will and
Testament of Ralph McCarty, late of Orange Town=
ship, in this County, deceased, was produced in open Court
for Probate - On consideration whereof, it is ordered that
the said Will be filed in this Court, and that due notice
thereof, and of the application to admit the same to probate
and record, be given to Margetti Cummins- Henry
A. McCarty- and George W. McCarty - next of kin of
the Testator, resident of the State of Ohio, that said appli=
cation will be for hearing before this Court on the 11 day
of February. A.D.1890. at 10 o'clock A.M.
N.F. Overturf
Probate Judge .
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County,ss
In the Matter of the last
Will and Testament of Application to Admit to Probate
Ralph McCarty. deceased.
To the Hon. N.F. Overturf. Judge
of the Probate Court in and for said County.
Your petitioner respectfully represents that Ralph
McCarty. late a resident of the Township of Orange in said
County, died on or about the 29 day of January. A.D.1890,
leaving an instrument in writing hereto attached, purporting
to be his last Will and Testament. That the said Ralph Mc
Carty died leaving no widow and the following named persons his
only next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
Maryette Cummings Daughter Lewis Center. O
Henry A. McCarty Son Columbus. Ohio
George W.McCarty " Lewis Center "
Your petitioner prays that a time may be fixed for the prov=
ing of said Will, and that said above named persons may be
notified according to law of the pending of said proceedings.
L.B. Faulknor.
The foregoing application was signed in my presence and sworn
to before me this 4 day of February. A.D. 1890.
N.F. Overturf
Probate Judge.
[corresponds to page 459 of Delaware County Will Records Vol. 8 1887-1890]
459
Ralph McCarty Estate.
Journal Entry
February. 4 1890.
In the Matter of the Will
of Ralph McCarty deceased. This day, an instrument of writing
purporting to be the last Will and
Testament of Ralph McCarty, late of Orange Town=
ship, in this County, deceased, was produced in open Court
for Probate - On consideration whereof, it is ordered that
the said Will be filed in this Court, and that due notice
thereof, and of the application to admit the same to probate
and record, be given to Margetti Cummins- Henry
A. McCarty- and George W. McCarty - next of kin of
the Testator, resident of the State of Ohio, that said appli=
cation will be for hearing before this Court on the 11 day
of February. A.D.1890. at 10 o'clock A.M.
N.F. Overturf
Probate Judge .
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County,ss
In the Matter of the last
Will and Testament of Application to Admit to Probate
Ralph McCarty. deceased.
To the Hon. N.F. Overturf. Judge
of the Probate Court in and for said County.
Your petitioner respectfully represents that Ralph
McCarty. late a resident of the Township of Orange in said
County, died on or about the 29 day of January. A.D.1890,
leaving an instrument in writing hereto attached, purporting
to be his last Will and Testament. That the said Ralph Mc
Carty died leaving no widow and the following named persons his
only next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
Maryette Cummings Daughter Lewis Center. O
Henry A. McCarty Son Columbus. Ohio
George W.McCarty " Lewis Center "
Your petitioner prays that a time may be fixed for the prov=
ing of said Will, and that said above named persons may be
notified according to law of the pending of said proceedings.
L.B. Faulknor.
The foregoing application was signed in my presence and sworn
to before me this 4 day of February. A.D. 1890.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 526)
Description
[page 526]
[corresponds to page 460 of Delaware County Will Records Vol. 8 1887-1890]
460
Ralph McCarty's Will
Notice
The State of Ohio In Probate Court
Delaware County.ss.
In the matter of the last Will and
Testament of Ralph McCarty. deceased.
To L. B. Faulkner.:
You are hereby commanded to
notify Maryetta Cummings ~ Henry A. McCarty and
George W. McCarty, that on the 4 day of February. A.D.
1890. an instrument of writing, purporting to be the last Will and
Testament of Ralph McCarty, late of Orange Township,
in said County, deceased, was produced in said Court, and an
application to admit the same to probate was on the same day
made in said Court. Said application will be for hearing
before this Court on the 11 day of February. A. D. 1890. at
1 o'clock P.M.
Witness my hand and the seal of said Pro=
bate Court, at Delaware, Ohio, this 4 day of February. A.
D.1890.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss L.B. Faulknor being duly sworn, says
that on the 5 day of February. A.D.1890,
he served the within notice by delivering a true copy thereof to
the within named Maryett Cummings . Henry A.Mc
Carty and George W. McCarty.
L.B. Faulkner.
Subscribed in my presence and sworn to before me this 11 day
of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court Mike
Slattery and Henry W. Skeeles the subscribing witnesses
to the last Will and Testament of Ralf McCarty, late of
Orange Township in said Delaware County. deceased; who
being duly sworn according to law, to speak the truth, the
whole truth and nothing but the truth, in relation to the execu=
tion of said Will, depose and say: That the paper before them
bearing date the 19 day of May. A.D.1888, purporting to be
[corresponds to page 460 of Delaware County Will Records Vol. 8 1887-1890]
460
Ralph McCarty's Will
Notice
The State of Ohio In Probate Court
Delaware County.ss.
In the matter of the last Will and
Testament of Ralph McCarty. deceased.
To L. B. Faulkner.:
You are hereby commanded to
notify Maryetta Cummings ~ Henry A. McCarty and
George W. McCarty, that on the 4 day of February. A.D.
1890. an instrument of writing, purporting to be the last Will and
Testament of Ralph McCarty, late of Orange Township,
in said County, deceased, was produced in said Court, and an
application to admit the same to probate was on the same day
made in said Court. Said application will be for hearing
before this Court on the 11 day of February. A. D. 1890. at
1 o'clock P.M.
Witness my hand and the seal of said Pro=
bate Court, at Delaware, Ohio, this 4 day of February. A.
D.1890.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss L.B. Faulknor being duly sworn, says
that on the 5 day of February. A.D.1890,
he served the within notice by delivering a true copy thereof to
the within named Maryett Cummings . Henry A.Mc
Carty and George W. McCarty.
L.B. Faulkner.
Subscribed in my presence and sworn to before me this 11 day
of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court Mike
Slattery and Henry W. Skeeles the subscribing witnesses
to the last Will and Testament of Ralf McCarty, late of
Orange Township in said Delaware County. deceased; who
being duly sworn according to law, to speak the truth, the
whole truth and nothing but the truth, in relation to the execu=
tion of said Will, depose and say: That the paper before them
bearing date the 19 day of May. A.D.1888, purporting to be
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 527)
Description
[page 527]
[corresponds to page 461 of Delaware County Will Records Vol. 8 1887-1890]
461
Ralph McCartys Will.
the last Will and Testament of Ralf [Ralph] McCarty now de=
ceased, is the Will of said deceased Ralf [Ralph] McCarty, that
they were present at the execution of said Will, and at the
request of the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw the
said Ralf [Ralph] McCarty deceased sign and seal said Will
and Testament, and that the said Ralf [Ralph] McCarty, at the time
of making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
Mike Slattery
Henry W. Skeels
Sworn to and subscribed by said witnesses, in open Court, this
11 day of February. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
February 11 1890.
In the Matter of the Will of
Ralph McCarty. deceased. Be it remembered, that heretofore,
to-wit: on the 4 day of February. A.
D.1890. an instrument of writing, purporting to be the last
Will and Testament of Ralph McCarty, late of Orange
Township, in this County. deceased, was produced in open
Court for probate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of the filing of
said Will, and of the application to admi the same to probate
and record in this Court, has been given to Maryetti Cum:
mins ~ Henry A. McCarty and George W. McCarty - next of
kin of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore, on this day came
Mike Slattery and Henry W. Skeels the subscribing wit=
nesses to said Will. who being duly sworn, testified to the due
execution and attestation of said Will, which testimony was
reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the court finds that the afor=
said instrument of writing is the last Will and Testament of
said Ralph McCarty, deceased. That the same was duly
executed and attested; and that the said Testator, at the time
of making, signing and sealing said Will, was of full age. of sound
mind and memory, and not under any restraint. It is there=
fore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of
the witnesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
[corresponds to page 461 of Delaware County Will Records Vol. 8 1887-1890]
461
Ralph McCartys Will.
the last Will and Testament of Ralf [Ralph] McCarty now de=
ceased, is the Will of said deceased Ralf [Ralph] McCarty, that
they were present at the execution of said Will, and at the
request of the Testator, respectively subscribed their names to
the same as witnesses, in his presence; that they saw the
said Ralf [Ralph] McCarty deceased sign and seal said Will
and Testament, and that the said Ralf [Ralph] McCarty, at the time
of making, signing and sealing said Will, was of full age, of
sound mind and memory, and not under any restraint.
Mike Slattery
Henry W. Skeels
Sworn to and subscribed by said witnesses, in open Court, this
11 day of February. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
February 11 1890.
In the Matter of the Will of
Ralph McCarty. deceased. Be it remembered, that heretofore,
to-wit: on the 4 day of February. A.
D.1890. an instrument of writing, purporting to be the last
Will and Testament of Ralph McCarty, late of Orange
Township, in this County. deceased, was produced in open
Court for probate, and was then filed. And, it now being shown
to the satisfaction of the Court, that due notice of the filing of
said Will, and of the application to admi the same to probate
and record in this Court, has been given to Maryetti Cum:
mins ~ Henry A. McCarty and George W. McCarty - next of
kin of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore, on this day came
Mike Slattery and Henry W. Skeels the subscribing wit=
nesses to said Will. who being duly sworn, testified to the due
execution and attestation of said Will, which testimony was
reduced to writing, by them respectively subscribed, and filed
with said Will, whereupon the court finds that the afor=
said instrument of writing is the last Will and Testament of
said Ralph McCarty, deceased. That the same was duly
executed and attested; and that the said Testator, at the time
of making, signing and sealing said Will, was of full age. of sound
mind and memory, and not under any restraint. It is there=
fore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of
the witnesses above named, as well as the proceedings had
thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 528)
Description
[page 528]
[corresponds to page 462 of Delaware County Will Records Vol. 8 1887-1890]
462
Ralph McCarty's Will
Copy of Will
I Ralph McCarty of Orange Township - Delaware County -
Ohio, by occupation a farmer make this my last Will -.
I give devise - bequeath my Estate and property real and personal as
follows, that is to say,
1 I order and direct that all my just debts shall be paid
with convenient speed.
2 I give and bequeath to my Grand-son Lewis B. Faulknor my
house and three acres of land commencing at a stone in the cen=
ter of the Tp. road at the north east corner of my land and running
south twenty (20) rods, thence west twenty four (24) rods thence
north twenty 20 rods to the center of said road composing three
acres of land. To hand and to hold during life and at his death it
shall become the property of his two sons.
The house and lot that the house stands on to be independent
of the three (3) acres of land.
3 I give to my Daughter Maryetti Cummins Fifteen
(15) acres of land as follows, to-wit: Commencing at the south
east corner of my land running west thence north to Tp. road -
thence East to the West line of L.B, Faulkners, thence South twen=
ty (20) rods, Thence East twenty-four (24) rods, thence South to
the place of beginning, composing fifteen (15) acres of land to have
and to hold during life, then it shall become the property of her
heirs.
4 I give to my son Henry A. McCarty fifteen (15) acres
running west in the center of the road form Maryett Cum=
mins west line, thence south forty (40) rods, thence east to
said Cummins line, thence to the place of beginning com=
posing in all fifteen acres to have and to hold during life, then it
shall become the property of his heirs;
5 I give to my son George W. McCarty and Lucy his wife to have
and to hold during life then to become the property of their heirs
the balance of the west end of my land.
I appoint Lewis B. Faulkner of Orange Tp. Delaware Co.
Ohio Executor of this my last Will.
6 In witness whereof I have signed and sealed and published and
declared this instrument as my Will. at Orange Tp. Del=
aware Co. Ohio, on this 19 day of May. A.D.1888,
Ralf McCarty. {Seal}
7 The said Ralph McCarty at said Orange Tp. Delaware
Co. Ohio, on said 19 day of May A.D.1888 signed and sealed
this instrument and published and declared the same as
his last Will and we at his request and in the presence of each
other have hereunto written our names as subscribing wit=
nesses.
Mrs Mattie Cruickshank
Mike Slattery
Henry W. Skeels
[corresponds to page 462 of Delaware County Will Records Vol. 8 1887-1890]
462
Ralph McCarty's Will
Copy of Will
I Ralph McCarty of Orange Township - Delaware County -
Ohio, by occupation a farmer make this my last Will -.
I give devise - bequeath my Estate and property real and personal as
follows, that is to say,
1 I order and direct that all my just debts shall be paid
with convenient speed.
2 I give and bequeath to my Grand-son Lewis B. Faulknor my
house and three acres of land commencing at a stone in the cen=
ter of the Tp. road at the north east corner of my land and running
south twenty (20) rods, thence west twenty four (24) rods thence
north twenty 20 rods to the center of said road composing three
acres of land. To hand and to hold during life and at his death it
shall become the property of his two sons.
The house and lot that the house stands on to be independent
of the three (3) acres of land.
3 I give to my Daughter Maryetti Cummins Fifteen
(15) acres of land as follows, to-wit: Commencing at the south
east corner of my land running west thence north to Tp. road -
thence East to the West line of L.B, Faulkners, thence South twen=
ty (20) rods, Thence East twenty-four (24) rods, thence South to
the place of beginning, composing fifteen (15) acres of land to have
and to hold during life, then it shall become the property of her
heirs.
4 I give to my son Henry A. McCarty fifteen (15) acres
running west in the center of the road form Maryett Cum=
mins west line, thence south forty (40) rods, thence east to
said Cummins line, thence to the place of beginning com=
posing in all fifteen acres to have and to hold during life, then it
shall become the property of his heirs;
5 I give to my son George W. McCarty and Lucy his wife to have
and to hold during life then to become the property of their heirs
the balance of the west end of my land.
I appoint Lewis B. Faulkner of Orange Tp. Delaware Co.
Ohio Executor of this my last Will.
6 In witness whereof I have signed and sealed and published and
declared this instrument as my Will. at Orange Tp. Del=
aware Co. Ohio, on this 19 day of May. A.D.1888,
Ralf McCarty. {Seal}
7 The said Ralph McCarty at said Orange Tp. Delaware
Co. Ohio, on said 19 day of May A.D.1888 signed and sealed
this instrument and published and declared the same as
his last Will and we at his request and in the presence of each
other have hereunto written our names as subscribing wit=
nesses.
Mrs Mattie Cruickshank
Mike Slattery
Henry W. Skeels
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 529)
Description
[page 529]
[corresponds to page 463 of Delaware County Will Records Vol. 8 1887-1890]
463
Thomas E. [F] Joy's Will
Journal Entry
February 12 1890,
In the Matter of the Will
of Thomas E. Joy - deceased. This day, an instrument of writing,
purporting to be the last Will and Tes=
tament of Thomas F. Joy. late of Delaware Township, in this
County, deceased, was produced in open Court for Probate. On
consideration whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the application
to admit the same to probate and record, be given to Lettie Ann
Joy. widow, and Anna Joy Halliday, next of kin of the Testator
resident of the State of Ohio, that said application will be for
hearing before this Court on this 15 day of February. A.D.1890
at 1 o'clock P.M.
N.F. Overturf
Probate Judge .
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last Will
and Testament of Thomas F. Application to Admit to Probate.
Joy - deceased.
To the Hon. N.F. Overturf. Judge,
of the Probate Court in and for said County:
Your petitioner respectfully represents that Thomas F.
Joy, late a resident of the Township of Delaware in said Coun=
ty, died on or about the 4 day of February. A.D.1890, leav=
ing an instrument in writing, hereto attached. purporting to
be his last Will and Testament. That the said Thomas F.
Joy, died leaving Lettie Ann Joy his widow and the following
named person his only next of kin resident of the State of Ohio:
Anna J Halliday - Daughter - Columbus. O.
Your petitioner prays that a time may be fixed for the
proving of said Will, and that said above named persons may
be notified according to law of the pending of said proceedings.
Thomas R. Smith
The foregoing application was signed in my presence and
sworn to before me, this 12 day of February. A.D.1890.
N. F. Overturf
Probate Judge
[corresponds to page 463 of Delaware County Will Records Vol. 8 1887-1890]
463
Thomas E. [F] Joy's Will
Journal Entry
February 12 1890,
In the Matter of the Will
of Thomas E. Joy - deceased. This day, an instrument of writing,
purporting to be the last Will and Tes=
tament of Thomas F. Joy. late of Delaware Township, in this
County, deceased, was produced in open Court for Probate. On
consideration whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the application
to admit the same to probate and record, be given to Lettie Ann
Joy. widow, and Anna Joy Halliday, next of kin of the Testator
resident of the State of Ohio, that said application will be for
hearing before this Court on this 15 day of February. A.D.1890
at 1 o'clock P.M.
N.F. Overturf
Probate Judge .
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last Will
and Testament of Thomas F. Application to Admit to Probate.
Joy - deceased.
To the Hon. N.F. Overturf. Judge,
of the Probate Court in and for said County:
Your petitioner respectfully represents that Thomas F.
Joy, late a resident of the Township of Delaware in said Coun=
ty, died on or about the 4 day of February. A.D.1890, leav=
ing an instrument in writing, hereto attached. purporting to
be his last Will and Testament. That the said Thomas F.
Joy, died leaving Lettie Ann Joy his widow and the following
named person his only next of kin resident of the State of Ohio:
Anna J Halliday - Daughter - Columbus. O.
Your petitioner prays that a time may be fixed for the
proving of said Will, and that said above named persons may
be notified according to law of the pending of said proceedings.
Thomas R. Smith
The foregoing application was signed in my presence and
sworn to before me, this 12 day of February. A.D.1890.
N. F. Overturf
Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 530)
Description
[page 530]
[corresponds to page 464 of Delaware County Will Records Vol. 8 1887-1890]
464
Thomas E. [F.] Joy's Will
Notice
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last Will and
Testament of Thomas F. Joy. deceased.
To T. R. Smith:
You are hereby commanded to notify Lettie Ann Joy
and Annie J ~ Halliday ~ that on the 12 day of Febru=
ary. A.D.1890, an instrument of writing, purporting to be the
last Will and Testament of Thomas F. Joy late of Delaware
Township, in said County, deceased, was produced in said
Court, and an application to admit the same to probate was
on the same day made in said Court. Said application will
be for hearing before this Court on the 15 day o February.
A.D.1890. at 1 o'clock P.M.
Witness my hand and the seal of said
Probate Court, at Delaware Ohio, this 12 day of February.
A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Proof of Service
The State of Ohio
Delaware County.ss. T.R. Smith being duly sworn, says that
on the 13 day of February. A.D.1890, he
served the within notice by delivering a true copy thereof to the
within named Lettie Ann Joy and Annie J Halliday.
J.R. Smith
Subscribed in my presence and sworn to before me this 15 day of
February.A.D.1890.
N.F. Overturf
Probate Judge
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court Frances
S. Miller and Julia Smith the subscribing witnesses to the last
Will and Testament of Thomas F. Joy late of Delaware Town=
ship in said Delaware County, deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing
date the 24 day of January. A.D.1890, purporting to be the
last Will and Testament of Thoman F. Joy now deceased, is
the Will of said deceased Thomas F. Joy. that they were pres=
[corresponds to page 464 of Delaware County Will Records Vol. 8 1887-1890]
464
Thomas E. [F.] Joy's Will
Notice
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last Will and
Testament of Thomas F. Joy. deceased.
To T. R. Smith:
You are hereby commanded to notify Lettie Ann Joy
and Annie J ~ Halliday ~ that on the 12 day of Febru=
ary. A.D.1890, an instrument of writing, purporting to be the
last Will and Testament of Thomas F. Joy late of Delaware
Township, in said County, deceased, was produced in said
Court, and an application to admit the same to probate was
on the same day made in said Court. Said application will
be for hearing before this Court on the 15 day o February.
A.D.1890. at 1 o'clock P.M.
Witness my hand and the seal of said
Probate Court, at Delaware Ohio, this 12 day of February.
A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Proof of Service
The State of Ohio
Delaware County.ss. T.R. Smith being duly sworn, says that
on the 13 day of February. A.D.1890, he
served the within notice by delivering a true copy thereof to the
within named Lettie Ann Joy and Annie J Halliday.
J.R. Smith
Subscribed in my presence and sworn to before me this 15 day of
February.A.D.1890.
N.F. Overturf
Probate Judge
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
Personally appeared in open Court Frances
S. Miller and Julia Smith the subscribing witnesses to the last
Will and Testament of Thomas F. Joy late of Delaware Town=
ship in said Delaware County, deceased; who being duly sworn
according to law, to speak the truth, the whole truth, and
nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing
date the 24 day of January. A.D.1890, purporting to be the
last Will and Testament of Thoman F. Joy now deceased, is
the Will of said deceased Thomas F. Joy. that they were pres=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 531)
Description
[page 531]
[corresponds to page 465 of Delaware County Will Records Vol. 8 1887-1890]
465
Thomas F. Joy's Will
ent at the execution of said Will, and at the request of the
Testator, respectively subscribed their names to the same as
witnesses, in his presence; that they saw the said Thomas F.
Joy, deceased sign and seal said Will, and heard him acknowl=
edge the same to be his last Will and Testament; and that
the said Thomas F. Joy at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint.
Frances S. Miller
Juliaa Smith
Sworn to and subscribed by said witnesses, in open Court, this
15 day of February. A.D.1890.
N.F. Overturf
Probate Judge.
Journal Entry.
February. 15 1890.
In the Matter of the Will of
Thomas E. [F] Joy. deceased. Be it remembered, that heretofore,
to-wit: on the 12 day of February.
A.D.1890. an instrument of writing, purporting to be the last
Will and Testament of Thomas F. Joy, late of Delaware Town:
ship, in this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being shown to
the satisfaction of the Court, that due notice of the filing of
said Will, and of the application to admit the same to probate
and record in this Court, has been given to Lettie Ann Joy.
widow, and Ann Joy Halliday next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order
of this Court; therefore; on this day came Frances S.
Miller and Julia Smith the subscribing witnesses to said
Will, who being duly sworn, testified to the due execution and
attestation of said Will, which testimony was reduced to
writing, by them respectively subscribed, and filed with said
Will, whereupon, the Court finds that the aforesaid in=
strument of writing is the last Will and Testament of said
Thomas F. Joy, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of mak=
ing, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, there=
fore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of
the witnesses above named, as well as the proceedings had there-
on, be entered of record in this Court.
Citation ordered and issued to Lettie Ann Joy widow of
said decedent to elect as to said Will, as required by kaw.
N.F. Overturf
Probate Judge.
[corresponds to page 465 of Delaware County Will Records Vol. 8 1887-1890]
465
Thomas F. Joy's Will
ent at the execution of said Will, and at the request of the
Testator, respectively subscribed their names to the same as
witnesses, in his presence; that they saw the said Thomas F.
Joy, deceased sign and seal said Will, and heard him acknowl=
edge the same to be his last Will and Testament; and that
the said Thomas F. Joy at the time of making, signing
and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint.
Frances S. Miller
Juliaa Smith
Sworn to and subscribed by said witnesses, in open Court, this
15 day of February. A.D.1890.
N.F. Overturf
Probate Judge.
Journal Entry.
February. 15 1890.
In the Matter of the Will of
Thomas E. [F] Joy. deceased. Be it remembered, that heretofore,
to-wit: on the 12 day of February.
A.D.1890. an instrument of writing, purporting to be the last
Will and Testament of Thomas F. Joy, late of Delaware Town:
ship, in this County, deceased, was produced in open Court
for probate, and was then filed. And, it now being shown to
the satisfaction of the Court, that due notice of the filing of
said Will, and of the application to admit the same to probate
and record in this Court, has been given to Lettie Ann Joy.
widow, and Ann Joy Halliday next of kin of the Testator,
resident of the State of Ohio, pursuant to a former order
of this Court; therefore; on this day came Frances S.
Miller and Julia Smith the subscribing witnesses to said
Will, who being duly sworn, testified to the due execution and
attestation of said Will, which testimony was reduced to
writing, by them respectively subscribed, and filed with said
Will, whereupon, the Court finds that the aforesaid in=
strument of writing is the last Will and Testament of said
Thomas F. Joy, deceased. That the same was duly executed
and attested; and that the said Testator, at the time of mak=
ing, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, there=
fore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of
the witnesses above named, as well as the proceedings had there-
on, be entered of record in this Court.
Citation ordered and issued to Lettie Ann Joy widow of
said decedent to elect as to said Will, as required by kaw.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 532)
Description
[page 532]
[corresponds to page 466 of Delaware County Will Records Vol. 8 1887-1890]
466
Thomas F. Joy's Will
Copy of Will
In the name of the Benevolent Father of All, I. Thomas F.
Joy of Delaware O, being of sound and disposing mind & memory,
do make publish & declar this to be my last Will and Testa=
ment, hereby revoking & declaring null & void any & all former last
Wills by me made.
I. I give bequeath & devise to my beloved wife Lettie Ann Joy my
entire estate of Lands, Stock, Notes and all other property of which
I may be possessed or which may be due or coming to me at the
time of my death ~ to be used & controlled by her, after paying all
just claims against my estate in such manner as she may
think prudent & best. I fully & freely confide in her to pro=
vide for & aid such charities as she knows I desire to be aided.
II. Should the income from our farm not prove sufficient for the
comfortable maintenance of my wife Lettie I do hereby author=
ize her to contact sell & dispose of such parts of the farm as she
may think best to provide for her maintenance and the charities
before referred to in Item I, and deeds to execute & deliver therefor.
III. Within three months after my decease, I desire my
wife Lettie to execute her last Will & Testament, disposing of
the entire estate in accordance with with my wishes, well
known & understood by her. Should circumstances demand it,
she shall execute other & later Wills, providing for the disposi=
tion of my estate, always however, keeping in mind my beloved
daughter Ann Joy Halliday & the issue of her body.
IV. Should any devisee or legatee of either myself or my belov=
ed wife institute or cause to be instituted any legal proceeding
to set aside or thwart the purposes or provisions of either this
Will or the last Will & Testament of my wife. Such devi=
see or legatee shall be by such action, cut off & deprived any por=
tion of my estate.
V I do hereby nominate & appoint my beloved wife Executrix of
this Will & do hereby request the Court to authorize & empow=
er her to act as such Executrix without being required to give
bond therefor. I do hereby nominate & appoint Thomas R.
Smith assistant Executor with my wife.
Witness my hand this twenty fourth day of Jan=
uary. A.D. 1890.
Thomas F. Joy . {Seal}
Signed by Thomas F. Joy in our presence & by us signed in
his presence & at his request as witnesses to his signature
Jan. 2 4 1890.
Frances S. Miller
Julia Smith
[corresponds to page 466 of Delaware County Will Records Vol. 8 1887-1890]
466
Thomas F. Joy's Will
Copy of Will
In the name of the Benevolent Father of All, I. Thomas F.
Joy of Delaware O, being of sound and disposing mind & memory,
do make publish & declar this to be my last Will and Testa=
ment, hereby revoking & declaring null & void any & all former last
Wills by me made.
I. I give bequeath & devise to my beloved wife Lettie Ann Joy my
entire estate of Lands, Stock, Notes and all other property of which
I may be possessed or which may be due or coming to me at the
time of my death ~ to be used & controlled by her, after paying all
just claims against my estate in such manner as she may
think prudent & best. I fully & freely confide in her to pro=
vide for & aid such charities as she knows I desire to be aided.
II. Should the income from our farm not prove sufficient for the
comfortable maintenance of my wife Lettie I do hereby author=
ize her to contact sell & dispose of such parts of the farm as she
may think best to provide for her maintenance and the charities
before referred to in Item I, and deeds to execute & deliver therefor.
III. Within three months after my decease, I desire my
wife Lettie to execute her last Will & Testament, disposing of
the entire estate in accordance with with my wishes, well
known & understood by her. Should circumstances demand it,
she shall execute other & later Wills, providing for the disposi=
tion of my estate, always however, keeping in mind my beloved
daughter Ann Joy Halliday & the issue of her body.
IV. Should any devisee or legatee of either myself or my belov=
ed wife institute or cause to be instituted any legal proceeding
to set aside or thwart the purposes or provisions of either this
Will or the last Will & Testament of my wife. Such devi=
see or legatee shall be by such action, cut off & deprived any por=
tion of my estate.
V I do hereby nominate & appoint my beloved wife Executrix of
this Will & do hereby request the Court to authorize & empow=
er her to act as such Executrix without being required to give
bond therefor. I do hereby nominate & appoint Thomas R.
Smith assistant Executor with my wife.
Witness my hand this twenty fourth day of Jan=
uary. A.D. 1890.
Thomas F. Joy . {Seal}
Signed by Thomas F. Joy in our presence & by us signed in
his presence & at his request as witnesses to his signature
Jan. 2 4 1890.
Frances S. Miller
Julia Smith
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 533)
Description
[page 533]
[corresponds to page 467 of Delaware County Will Records Vol. 8 1887-1890]
467
James H. Crumb's Will
4 6 5 6 Journal Entry
February. 4 1890.
In the Matter of the Will of
James H Crumb. deceased This day, an instrument of
writing, purporting to be the last
Will and Testament of James H. Crumb, late of Or=
ange Township, in this County, deceased, was produced in
open Court for Probate, on consideration whereof it is or=
and that due Notice thereof, and of the application to admit the
same to probate
dered that the said Will be filed in this Court, be given
to Elizabeth M. Crumb. widow. and Eunice Furnice - Lyman
J. Crumb - Julia E. Crumb (William B. Crumb
having in writing waived further Notice and consented to the
probate of said Will) next of kin of the Testator, resident
of the State of Ohio, that said application will be for
hearing before this Court on the 17 day of February.
A.D.1890. at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last
Will and Testament of Application to Admit to Probate
J H. Crum. deceased.
To the Hon. N.F. Overturf- Judge
of the Probate Court in and for said County:
Your petitioner respectfully represents that J H. Crumb
late a resident of the Township of Orange in said County.
died on or about the 15 day of January. A.D.1890, leaving
an instrument in writing, hereto attached, purporting to be his
last Will and Testament: That the said J.H. Crumb
died leaving Elizabeth M. Crumb his widow and the fol=
lowing named persons his only next of kin resident of the
State of Ohio:
Name Degree of Kinship. P.O. Address.
Eunice Furnice Daughter Delaware O.
Lyman J. Crumb Son " "
Harvy J. Crumb " McCune Kans.
William B. Crumb " Lewis Center. O.
Hiland F. Crumb " Trenton. N.J.
Julia E. Crumb Daughter Lewis Center. O.
Your petitioner prays that a time may be fixed for the prov=
ing of said Will, and that said above named persons may
be notified according to law of the pending of said proceedings.
Wm B. Crumb.
[corresponds to page 467 of Delaware County Will Records Vol. 8 1887-1890]
467
James H. Crumb's Will
4 6 5 6 Journal Entry
February. 4 1890.
In the Matter of the Will of
James H Crumb. deceased This day, an instrument of
writing, purporting to be the last
Will and Testament of James H. Crumb, late of Or=
ange Township, in this County, deceased, was produced in
open Court for Probate, on consideration whereof it is or=
and that due Notice thereof, and of the application to admit the
same to probate
dered that the said Will be filed in this Court, be given
to Elizabeth M. Crumb. widow. and Eunice Furnice - Lyman
J. Crumb - Julia E. Crumb (William B. Crumb
having in writing waived further Notice and consented to the
probate of said Will) next of kin of the Testator, resident
of the State of Ohio, that said application will be for
hearing before this Court on the 17 day of February.
A.D.1890. at 1 o'clock P.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last
Will and Testament of Application to Admit to Probate
J H. Crum. deceased.
To the Hon. N.F. Overturf- Judge
of the Probate Court in and for said County:
Your petitioner respectfully represents that J H. Crumb
late a resident of the Township of Orange in said County.
died on or about the 15 day of January. A.D.1890, leaving
an instrument in writing, hereto attached, purporting to be his
last Will and Testament: That the said J.H. Crumb
died leaving Elizabeth M. Crumb his widow and the fol=
lowing named persons his only next of kin resident of the
State of Ohio:
Name Degree of Kinship. P.O. Address.
Eunice Furnice Daughter Delaware O.
Lyman J. Crumb Son " "
Harvy J. Crumb " McCune Kans.
William B. Crumb " Lewis Center. O.
Hiland F. Crumb " Trenton. N.J.
Julia E. Crumb Daughter Lewis Center. O.
Your petitioner prays that a time may be fixed for the prov=
ing of said Will, and that said above named persons may
be notified according to law of the pending of said proceedings.
Wm B. Crumb.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 534)
Description
[page 534]
[corresponds to page 468 of Delaware County Will Records Vol. 8 1887-1890]
468
James H. Crumb's Will.
The foregoing application was signed in my presence and
sworn to before me this 4 day of January. A.D.1890.
N.F. Overturf
Probate Judge.
Waiver
I, the undersigned son of the within named decedent, hereby waive
further notice, and consent to the probate of said Will.
Dated this 4 day of February. A.D. 1890.
W.B. Crumb.
Notice.
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last Will and Tes=
tament of J H Crumb, deceased.
To William B. Crumb:
You are hereby commanded to notify Eunice Furnice
Lyman J. Crumb - Julia E. Crumb and Elizabeth M.
Crumb that on the 4 day of February. A.D.1890. an in=
strument of writing, purporting to be the last Will and Testa=
ment of J H. Crumbe, late of Orange Township, in sai
County deceased, was produced in said Court, and an applica=
tion to admit the same to probate was on the same day made
in said Court. Said application will be for hearing before
this Court on the 17 day of February. A.D.1890. at 1 o'clock
P.M.
Witness my hand and the seal of said Probate Court
at Delaware, Ohio, this 4 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss William B. Crumb being duly sworn,
says that on the 4 day of February A.D.1890,
he served the within notice by delivering a true copy thereof to
the witin named Eunice Furnice - Lyman J Crumb. Ju=
lia E. Crumb and Elizabeth M. Crumb.
Wm. B. Crumb.
Subscribed in my presence and sworn to before me this 13 day
of February. A.D.1890.
N.F. Overturf
Probate Judge.
[corresponds to page 468 of Delaware County Will Records Vol. 8 1887-1890]
468
James H. Crumb's Will.
The foregoing application was signed in my presence and
sworn to before me this 4 day of January. A.D.1890.
N.F. Overturf
Probate Judge.
Waiver
I, the undersigned son of the within named decedent, hereby waive
further notice, and consent to the probate of said Will.
Dated this 4 day of February. A.D. 1890.
W.B. Crumb.
Notice.
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last Will and Tes=
tament of J H Crumb, deceased.
To William B. Crumb:
You are hereby commanded to notify Eunice Furnice
Lyman J. Crumb - Julia E. Crumb and Elizabeth M.
Crumb that on the 4 day of February. A.D.1890. an in=
strument of writing, purporting to be the last Will and Testa=
ment of J H. Crumbe, late of Orange Township, in sai
County deceased, was produced in said Court, and an applica=
tion to admit the same to probate was on the same day made
in said Court. Said application will be for hearing before
this Court on the 17 day of February. A.D.1890. at 1 o'clock
P.M.
Witness my hand and the seal of said Probate Court
at Delaware, Ohio, this 4 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss William B. Crumb being duly sworn,
says that on the 4 day of February A.D.1890,
he served the within notice by delivering a true copy thereof to
the witin named Eunice Furnice - Lyman J Crumb. Ju=
lia E. Crumb and Elizabeth M. Crumb.
Wm. B. Crumb.
Subscribed in my presence and sworn to before me this 13 day
of February. A.D.1890.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 535)
Description
[page 535]
[corresponds to page 469 of Delaware County Will Records Vol. 8 1887-1890]
469
James H. Crumb's Will
Journal Estate
February.17 1890.
In the Matter of the Will
of James H. Crumb. deceased.
Be it remembered, that heretofore
to-wit, on the 4 day of February. A.D.1890. an instrument
of writing, purporting to be the last Will and Testament of
James H. Crumb, late of Orange Township, in this coun=
ty. deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of
the Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and record in
this Court, has been given to Elizabeth M. Crumb.
widow - Eunice Furnice - Lyman J. Crumb. and Julie E.
Crumb. (William B. Crumb having waived Notice) next
of kin of the Testator, resident of the State of Ohio, pursu=
ant to a former order of this Court. thereupon, on this day
came William B. Hedges one of the subscribing witnesses
to said Will, who being duly sworn, testified to the due ex=
ecution and attestation of said Will, which testimony was
reduced to writing, by him subscribed , and filed with said will
and Frank Kenyon the other subscribing witness failing
to appear the further hearing of said Will is continued un=
til the 19 day of February. A.D.1890. at 1 o'clock P.M.
N.F. Overturf
Probate Judge
Testimony of W.B. Hedges
In Probate Court In the Matter of proving the last Will and
Delaware County.Ohio Testament of J.M.Crumb. Deceased. ~
The State of Ohio
Delaware County.ss. W.B. Hedges being duly sworn and ex=
amined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date. 17 day of December. A.D. 1889, and
offered for probate as the last Will and Testament of J H.
Crumb, late of Orange Township, in said County of Del=
aware, deceased, and saw the said J.H. Crumb, now deceased
sign and seal said instrument, and heard him acknowledge
the same to be his last Will and Testament; at the time of
making, signing and sealing said instrument, was of full age,
of sound mind and memory, and not under any restraint.
W.B. Hedges.
Sworn to and subscribed by said witness in open Court,
[corresponds to page 469 of Delaware County Will Records Vol. 8 1887-1890]
469
James H. Crumb's Will
Journal Estate
February.17 1890.
In the Matter of the Will
of James H. Crumb. deceased.
Be it remembered, that heretofore
to-wit, on the 4 day of February. A.D.1890. an instrument
of writing, purporting to be the last Will and Testament of
James H. Crumb, late of Orange Township, in this coun=
ty. deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of
the Court, that due notice of the filing of said Will, and
of the application to admit the same to probate and record in
this Court, has been given to Elizabeth M. Crumb.
widow - Eunice Furnice - Lyman J. Crumb. and Julie E.
Crumb. (William B. Crumb having waived Notice) next
of kin of the Testator, resident of the State of Ohio, pursu=
ant to a former order of this Court. thereupon, on this day
came William B. Hedges one of the subscribing witnesses
to said Will, who being duly sworn, testified to the due ex=
ecution and attestation of said Will, which testimony was
reduced to writing, by him subscribed , and filed with said will
and Frank Kenyon the other subscribing witness failing
to appear the further hearing of said Will is continued un=
til the 19 day of February. A.D.1890. at 1 o'clock P.M.
N.F. Overturf
Probate Judge
Testimony of W.B. Hedges
In Probate Court In the Matter of proving the last Will and
Delaware County.Ohio Testament of J.M.Crumb. Deceased. ~
The State of Ohio
Delaware County.ss. W.B. Hedges being duly sworn and ex=
amined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date. 17 day of December. A.D. 1889, and
offered for probate as the last Will and Testament of J H.
Crumb, late of Orange Township, in said County of Del=
aware, deceased, and saw the said J.H. Crumb, now deceased
sign and seal said instrument, and heard him acknowledge
the same to be his last Will and Testament; at the time of
making, signing and sealing said instrument, was of full age,
of sound mind and memory, and not under any restraint.
W.B. Hedges.
Sworn to and subscribed by said witness in open Court,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 536)
Description
[page 536]
[corresponds to page 470 of Delaware County Will Records Vol. 8 1887-1890]
470
James H. Crumb's Will.
this 17 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Testimony of Frank Kenyon
In Probate Court In the Matter of proving the last Will
and
Delaware County. Ohio. Testament of James H. Crumb.
deceased.
The State of Ohio
Delaware County.ss Frank Kenyon, being duly sworn and
examined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date the 17 day of December. A.
D. 1889. and offered for probate as the last Will and Testament
of Frank Kenyon late of Orange Township, in said County _
of Delaware, deceased, and saw the said James H. Crumb
now deceased, sign and seal said instrument, and heard him
acknowledge the same to be his last Will and Testament; and
I, thereupon, at his request, and in his presence, subscribed my
name to the same as a witness. The said decedent, at the time
of making, signing and sealing said instrument, was of full age, of
sound mind and memory, and not under any restraint.
Frank Kenyon.
Sworn to and subscribed by said witness in open Court, this
19 day of February A.D.1890.
N F. Overturf
{Seal} Probate Judge.
Journal Entry.
February. 19 1890.
In the Matter of the Will of
James H. Crumb-deceased. This day came Frank Kenyon. the
other subscribing witness to said Will
who being duly sworn, testified to the due execution and attesta=
tion of said Will, which testimony was reduced to writing, by
him subscribed and filed with said Will, whereupon the court
finds that the aforesaid instrument of writing is the last Will
and Testament of said James H. Crumb, deceased. That the
same was duly executed and attested; and that the said Testator
at the time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of the wit=
nesses above named, as well as the proceedings had thereon, be enter=
ed of record in this Court. Citation ordered and issued to Elizabeth
M. Crumb, widow of said decedent to elect as to said Will, as re=
quired by law.
N.F. Overturf Probate Judge
[corresponds to page 470 of Delaware County Will Records Vol. 8 1887-1890]
470
James H. Crumb's Will.
this 17 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Testimony of Frank Kenyon
In Probate Court In the Matter of proving the last Will
and
Delaware County. Ohio. Testament of James H. Crumb.
deceased.
The State of Ohio
Delaware County.ss Frank Kenyon, being duly sworn and
examined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date the 17 day of December. A.
D. 1889. and offered for probate as the last Will and Testament
of Frank Kenyon late of Orange Township, in said County _
of Delaware, deceased, and saw the said James H. Crumb
now deceased, sign and seal said instrument, and heard him
acknowledge the same to be his last Will and Testament; and
I, thereupon, at his request, and in his presence, subscribed my
name to the same as a witness. The said decedent, at the time
of making, signing and sealing said instrument, was of full age, of
sound mind and memory, and not under any restraint.
Frank Kenyon.
Sworn to and subscribed by said witness in open Court, this
19 day of February A.D.1890.
N F. Overturf
{Seal} Probate Judge.
Journal Entry.
February. 19 1890.
In the Matter of the Will of
James H. Crumb-deceased. This day came Frank Kenyon. the
other subscribing witness to said Will
who being duly sworn, testified to the due execution and attesta=
tion of said Will, which testimony was reduced to writing, by
him subscribed and filed with said Will, whereupon the court
finds that the aforesaid instrument of writing is the last Will
and Testament of said James H. Crumb, deceased. That the
same was duly executed and attested; and that the said Testator
at the time of making, signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be admitted
to probate, and that the same, together with the testimony of the wit=
nesses above named, as well as the proceedings had thereon, be enter=
ed of record in this Court. Citation ordered and issued to Elizabeth
M. Crumb, widow of said decedent to elect as to said Will, as re=
quired by law.
N.F. Overturf Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 537)
Description
[page 537]
[corresponds to page 471 of Delaware County Will Records Vol. 8 1887-1890]
471
James H. Crumb Estate
Last Will and Testament
In the Name of the Benevolent Father of All, Amen:
I, James H. Crumb, of the Tp. of Orange County of Dela=
ware, and State of Ohio. being about 66 years of age, and being of
sound and disposing mind and memory, Do Make, Publish and
Declare this my Last Will and Testament, hereby revoking and
making null and void all other last Wills and Testaments by
me made heretofore;
First:~ My Will is that all my just debts and funeral expenses
shall
be paid out of my Estate, as soon after my decease as shall be
found convenient.
Second:~ I Give, Devise and Bequeath to my beloved wife in lieu
of
her dower the farm on which we now reside. Situate in Orange
Township. Delaware County- Ohio. and in Range 18 Township
3. Sec. 2. Lot No.32. containing about 130 Acres, during her nat=
ural life: and all of the Stock, household goods, furniture, provis=
ions, and other goods and chattels which may be thereon, at the
time of my decease I give and bequeath to me absolutely. She how=
ever selling so much thereof as may be sufficient to pay my
just debts.
At the death of my said wife the Real Estate aforesaid I give
to my six children and to their heirs after them in equal part
or portions except to Harry J. Crumb, who is to have the use of 1/6
of the Real Estate, described above during his natural life and to
his heirs after him provided there are heirs born to him after this
time, then if he dies without having any more heirs born to him
then the share of said property devised to said Harry J Crumb,
is hereby devised, and bequeathed to my other five children in
equal portions, the names of the five being as follows. Mrs Eunice
Furniss Lyman Crumb - William Crumb - Hyland Crumb
and Julia Crumb
In Testimony Whereof, I have set my hand to this, my
Last Will and Testament, at Home, this 17 day of Dec. in the
year of our Lord, One Thousaid Eight Hundred and Eighty Nine.
J.F. Crumb. {Seal}
The foregoing Instrument was signed by the said J.H. Crumb
in our presence and by him published and declared as and for
his last Will and Testament, and at his request, andf in his
presence, and in the presence of each other, we hereunto subscribe
our Names as Attesting Witnesses at the Home, this 17
day of Dec. A.D.1889.
Frank Kenyon.resides at Lewis Center. O.
W.B. Hedges, resides at Delaware. o.
[corresponds to page 471 of Delaware County Will Records Vol. 8 1887-1890]
471
James H. Crumb Estate
Last Will and Testament
In the Name of the Benevolent Father of All, Amen:
I, James H. Crumb, of the Tp. of Orange County of Dela=
ware, and State of Ohio. being about 66 years of age, and being of
sound and disposing mind and memory, Do Make, Publish and
Declare this my Last Will and Testament, hereby revoking and
making null and void all other last Wills and Testaments by
me made heretofore;
First:~ My Will is that all my just debts and funeral expenses
shall
be paid out of my Estate, as soon after my decease as shall be
found convenient.
Second:~ I Give, Devise and Bequeath to my beloved wife in lieu
of
her dower the farm on which we now reside. Situate in Orange
Township. Delaware County- Ohio. and in Range 18 Township
3. Sec. 2. Lot No.32. containing about 130 Acres, during her nat=
ural life: and all of the Stock, household goods, furniture, provis=
ions, and other goods and chattels which may be thereon, at the
time of my decease I give and bequeath to me absolutely. She how=
ever selling so much thereof as may be sufficient to pay my
just debts.
At the death of my said wife the Real Estate aforesaid I give
to my six children and to their heirs after them in equal part
or portions except to Harry J. Crumb, who is to have the use of 1/6
of the Real Estate, described above during his natural life and to
his heirs after him provided there are heirs born to him after this
time, then if he dies without having any more heirs born to him
then the share of said property devised to said Harry J Crumb,
is hereby devised, and bequeathed to my other five children in
equal portions, the names of the five being as follows. Mrs Eunice
Furniss Lyman Crumb - William Crumb - Hyland Crumb
and Julia Crumb
In Testimony Whereof, I have set my hand to this, my
Last Will and Testament, at Home, this 17 day of Dec. in the
year of our Lord, One Thousaid Eight Hundred and Eighty Nine.
J.F. Crumb. {Seal}
The foregoing Instrument was signed by the said J.H. Crumb
in our presence and by him published and declared as and for
his last Will and Testament, and at his request, andf in his
presence, and in the presence of each other, we hereunto subscribe
our Names as Attesting Witnesses at the Home, this 17
day of Dec. A.D.1889.
Frank Kenyon.resides at Lewis Center. O.
W.B. Hedges, resides at Delaware. o.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 538)
Description
[page 538]
[corresponds to page 472 of Delaware County Will Records Vol. 8 1887-1890]
472
James W Davies Will
Journal Entry.
February.22 1890.
In The Matter of the Will
of James W. Davies,deceased The day an instrument of writing, purporting
to be the last Will and Testament of James
W Davies, late of Radnor Township, in this County deceased, was produced
in open Court for Probate, On consideration whereof, it is ordered that
the said Will be filed in this Court, and that due notice thereof, and
of the application to admit the same to probate and record be given to
Sarah Jones - Anna Herbert - Lizzie Jones. Ruth Jones -
Alice Jones - Mattie Osborn and Edward D. Griffiths,
next of kin of the Testator, resident of the State of Ohio. that
said application will be for hearing before this Court on the 1
day of March. A.D.1890. at 2 o'clock P.M.
N.F. Overturf
Probate Judge .
Application for Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last
Will and Testament of James Application to Admit to Probate .
M. Davies, deceased ~
To the Hon. N.F. Overturf, Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that James W. Davies, late a resident of the Township of Rad:
nor in said County, died on or about the 16 day of February. A.D.
1890 leaving an instrument in writing, hereto attached, purporting
to be his last Will and Testament; That the said James W.
Davies died leaving no widow and the following named persons his
only next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
Sarah Jones Niece Richwood. O.
Anna Herbert " Radnor "
Lizzie Jones " " "
Ruth Jones " " "
Alice Jones " " "
Mattie Osborn " " "
Edward D Griffiths Nephew " "
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified accord=
ing to law of the pending of said proceedings.
David Bevan.
The foregoing application was signed in my presence and sworn to
[corresponds to page 472 of Delaware County Will Records Vol. 8 1887-1890]
472
James W Davies Will
Journal Entry.
February.22 1890.
In The Matter of the Will
of James W. Davies,deceased The day an instrument of writing, purporting
to be the last Will and Testament of James
W Davies, late of Radnor Township, in this County deceased, was produced
in open Court for Probate, On consideration whereof, it is ordered that
the said Will be filed in this Court, and that due notice thereof, and
of the application to admit the same to probate and record be given to
Sarah Jones - Anna Herbert - Lizzie Jones. Ruth Jones -
Alice Jones - Mattie Osborn and Edward D. Griffiths,
next of kin of the Testator, resident of the State of Ohio. that
said application will be for hearing before this Court on the 1
day of March. A.D.1890. at 2 o'clock P.M.
N.F. Overturf
Probate Judge .
Application for Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last
Will and Testament of James Application to Admit to Probate .
M. Davies, deceased ~
To the Hon. N.F. Overturf, Judge of
the Probate Court in and for said County:
Your petitioner respectfully represents
that James W. Davies, late a resident of the Township of Rad:
nor in said County, died on or about the 16 day of February. A.D.
1890 leaving an instrument in writing, hereto attached, purporting
to be his last Will and Testament; That the said James W.
Davies died leaving no widow and the following named persons his
only next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
Sarah Jones Niece Richwood. O.
Anna Herbert " Radnor "
Lizzie Jones " " "
Ruth Jones " " "
Alice Jones " " "
Mattie Osborn " " "
Edward D Griffiths Nephew " "
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified accord=
ing to law of the pending of said proceedings.
David Bevan.
The foregoing application was signed in my presence and sworn to
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 539)
Description
[page 539]
[corresponds to page 473 of Delaware County Will Records Vol. 8 1887-1890]
473
James W. Davies Will
before me, this 22 day of February. A.D.1890.
N.F. Overturf
Probate Judge.
Notice
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last Will and Testament
of James W Davies deceased.
To David Beven and David Davis:
You are hereby commanded to notify Sarah Jones. Mattie
Osborn and Edward D. Griffiths; that on the 22 day of Feb=
ruary. A.D.1890. an instrument of writing, purporting to be the
last Will and Testament of James W. Davies late of Rad=
nor Township, in said County, deceased, was produced in said
Court, and an application to admit the same to probate was on
the same day made in said Court. Said application will be
for hearing before this Court on the 1 day of March. A.D.1890,
at 2 o'clock P.M.,
Witness my hand and the seal of said Probate Court
at Delaware, Ohio, this 22 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Return
The State of Ohio
Delaware County.ss. David Beaver being duly sworn, says
that on the 22 day of February. A.D.1890,
he served the within notice by delivering a true copy thereof to
the within named Alice Jones. Anna Herbert. Lizzie Jones _
Ruth Jones. Mattie Osborn and Edward D. Griffiths, and
served the same on Mrs. Sarah Jones on the 24 day of Febru=
ary 1890.
David Bevan.
Subscribed in my presence and sworn to before me this 1 day of
March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court David
W. Prichards and David Davis the subscribing witnesses to the
last Will and Testament of James W Davies late of Rad=
nor Township in said Delaware County deceased, who being
duly sworn according to law, to speak the truth, the whole truth,
[corresponds to page 473 of Delaware County Will Records Vol. 8 1887-1890]
473
James W. Davies Will
before me, this 22 day of February. A.D.1890.
N.F. Overturf
Probate Judge.
Notice
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last Will and Testament
of James W Davies deceased.
To David Beven and David Davis:
You are hereby commanded to notify Sarah Jones. Mattie
Osborn and Edward D. Griffiths; that on the 22 day of Feb=
ruary. A.D.1890. an instrument of writing, purporting to be the
last Will and Testament of James W. Davies late of Rad=
nor Township, in said County, deceased, was produced in said
Court, and an application to admit the same to probate was on
the same day made in said Court. Said application will be
for hearing before this Court on the 1 day of March. A.D.1890,
at 2 o'clock P.M.,
Witness my hand and the seal of said Probate Court
at Delaware, Ohio, this 22 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Return
The State of Ohio
Delaware County.ss. David Beaver being duly sworn, says
that on the 22 day of February. A.D.1890,
he served the within notice by delivering a true copy thereof to
the within named Alice Jones. Anna Herbert. Lizzie Jones _
Ruth Jones. Mattie Osborn and Edward D. Griffiths, and
served the same on Mrs. Sarah Jones on the 24 day of Febru=
ary 1890.
David Bevan.
Subscribed in my presence and sworn to before me this 1 day of
March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court David
W. Prichards and David Davis the subscribing witnesses to the
last Will and Testament of James W Davies late of Rad=
nor Township in said Delaware County deceased, who being
duly sworn according to law, to speak the truth, the whole truth,
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 540)
Description
[page 540]
[corresponds to page 474 of Delaware County Will Records Vol. 8 1887-1890]
474
James W. Davies Will
and nothing but the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing date the 26
day of December. A.D.1889, purporting to be the last Will and
Testament of James W. Davies now deceased, is the Will of
said deceased James W. Davies, that they were present at the
execution of said Will, and at the request of the Testator,
respectively
subscribed their names to the same as witnesses, in his presence,
that they saw the said James W. Davies deceased, sign and seal
said Will, and heard him acknowledge the same to be his last Will
and Testament, and that the said James W. Davies at the
time of making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint.
David W. Pritchard
David Davis
Sworn to and subscribed by said witnesses, in open Court, this 1
day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
March 1 1890.
In the Matter of the Will of
James W. Davies,deceased Be it remembered, that heretofore,
to-wit: on the
22 day of February. A.D.1890, an
instrument
of writing, purporting to be the last Will and Testament of James
W. Davies, late of Radnor Township, in this County, deceased, was
produced in open Court for probate, and was then filed. And, it
now being shown to the satisfaction of the Court, that due notice
of the filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given to
Sarah Jones. Anna Herbert. Lizzie Jones. Ruth Jones -
Alice Jones- Mattie Osborn and Edward D Griffiths
next of kin of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore, on this day came David
W. Pritchard and David Davis the subscribing Witnesses to
said Will, who being duly sworn, testified to the due execution
and attestation of said Will. Which testimony was reducedn to writ=
ing, by them respectively subscribed, and filed with said Will
whereupon
the Court finds that the aforesaid instrument of writing is th3e
last Will and Testament of said James W. Davies, deceased.
That the same was duly executed and attested; and that the said
Testator, at the time of making, signing and sealing said Will, was
of full age, of sound mind and memory. and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be ad=
mitted to probate, and that the same, together with the testimony
of the witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
[corresponds to page 474 of Delaware County Will Records Vol. 8 1887-1890]
474
James W. Davies Will
and nothing but the truth, in relation to the execution of said Will,
depose and say: That the paper before them bearing date the 26
day of December. A.D.1889, purporting to be the last Will and
Testament of James W. Davies now deceased, is the Will of
said deceased James W. Davies, that they were present at the
execution of said Will, and at the request of the Testator,
respectively
subscribed their names to the same as witnesses, in his presence,
that they saw the said James W. Davies deceased, sign and seal
said Will, and heard him acknowledge the same to be his last Will
and Testament, and that the said James W. Davies at the
time of making, signing and sealing said Will, was of full age,
of sound mind and memory, and not under any restraint.
David W. Pritchard
David Davis
Sworn to and subscribed by said witnesses, in open Court, this 1
day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Journal Entry.
March 1 1890.
In the Matter of the Will of
James W. Davies,deceased Be it remembered, that heretofore,
to-wit: on the
22 day of February. A.D.1890, an
instrument
of writing, purporting to be the last Will and Testament of James
W. Davies, late of Radnor Township, in this County, deceased, was
produced in open Court for probate, and was then filed. And, it
now being shown to the satisfaction of the Court, that due notice
of the filing of said Will, and of the application to admit the
same to probate and record in this Court, has been given to
Sarah Jones. Anna Herbert. Lizzie Jones. Ruth Jones -
Alice Jones- Mattie Osborn and Edward D Griffiths
next of kin of the Testator, resident of the State of Ohio, pursuant
to a former order of this Court; therefore, on this day came David
W. Pritchard and David Davis the subscribing Witnesses to
said Will, who being duly sworn, testified to the due execution
and attestation of said Will. Which testimony was reducedn to writ=
ing, by them respectively subscribed, and filed with said Will
whereupon
the Court finds that the aforesaid instrument of writing is th3e
last Will and Testament of said James W. Davies, deceased.
That the same was duly executed and attested; and that the said
Testator, at the time of making, signing and sealing said Will, was
of full age, of sound mind and memory. and not under any restraint.
It is, therefore, by the Court ordered, that the said Will be ad=
mitted to probate, and that the same, together with the testimony
of the witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 541)
Description
[page 541]
[corresponds to page 475 of Delaware County Will Records Vol. 8 1887-1890]
475
James W. Davies Will
Copy of Will
Know all Men by these Presents that I James W. Davis, of
the Tp. of Radnor. Delaware County. State of Ohio. being in
ill health but of sound and disposing mind and memory do make
and publish this my last Will and Testament.
And as to my worldly estate and all the property personal of
which I shall die seized and possessed or to which I shall be
entitled at the time of my decease I devise bequeath and dispose
thereof in the manner following to-wit:
All my just debts and expenses shall first by my
Executors hereinafter named be paid our of my estate as soon
after my decease as shall by them be found convenient.
I devise and bequeath all my property to be divided equally
between my nephews & neices in this Country & Weals
except my neice Sarah Morgans which is to have double the
amount of any one of the other heirs.
I devise and bequeath to William Pritchard my watch ,
And lastly I do nominate and appoint David Davis & David
Bevan to be the Executors of this my last Will and Testament.
In testimony whereof I James W. Davis hereunto
set my hand & seal to this my last Will & Testament this
26 day Dec. A.D.1889.
James W. Davies {Seal}
Signed & sealed by the said James W. Davis in our presence
as his last Will and Testament & signed by us at his request
in his presence aned in the presence of each other as witnesses
on this 26 day of Dec. A.D.1889.
David W Pritchard
David Davis.
[corresponds to page 475 of Delaware County Will Records Vol. 8 1887-1890]
475
James W. Davies Will
Copy of Will
Know all Men by these Presents that I James W. Davis, of
the Tp. of Radnor. Delaware County. State of Ohio. being in
ill health but of sound and disposing mind and memory do make
and publish this my last Will and Testament.
And as to my worldly estate and all the property personal of
which I shall die seized and possessed or to which I shall be
entitled at the time of my decease I devise bequeath and dispose
thereof in the manner following to-wit:
All my just debts and expenses shall first by my
Executors hereinafter named be paid our of my estate as soon
after my decease as shall by them be found convenient.
I devise and bequeath all my property to be divided equally
between my nephews & neices in this Country & Weals
except my neice Sarah Morgans which is to have double the
amount of any one of the other heirs.
I devise and bequeath to William Pritchard my watch ,
And lastly I do nominate and appoint David Davis & David
Bevan to be the Executors of this my last Will and Testament.
In testimony whereof I James W. Davis hereunto
set my hand & seal to this my last Will & Testament this
26 day Dec. A.D.1889.
James W. Davies {Seal}
Signed & sealed by the said James W. Davis in our presence
as his last Will and Testament & signed by us at his request
in his presence aned in the presence of each other as witnesses
on this 26 day of Dec. A.D.1889.
David W Pritchard
David Davis.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 542)
Description
[page 542]
[corresponds to page 476 of Delaware County Will Records Vol. 8 1887-1890]
476
James Cantwell's Will
Journal Entry
March 10 1890
In the Matter of the Will of
James Cantwell. deceased. This day an instrument of writing, pur=
porting to be the last Will and Testament
and Codicil thereto, of James Cantwell, late of Delaware
Township, in this County - deceased, was produced in open Court for
probate; on consideration whereof, it is ordered that the said Will be
filed in this Court . and that due notice thereof, and of the applic=
tion to admit the same to probate and record, be given to Celia
Shoub and Agnes Temple (John Cantwell having, in writing
waived Notice and consented to the probate of said Will) next of kin
of the Testator, resident of the State of Ohio, that said application
will be for hearing before this Court, on the 13 day of March. A.
D.1890. at 9 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Dewlaware County.ss
In the Matter of the last Will
and Testament of James Can= Application to Admit to Probate.
well, deceased. ~
To the Hon. N.F. Overturf - Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents
that James Cantwell late of resident of the Township of Dela:
ware, in said County, died on or about the 10 day of February. A.D.
1890. leaving an instrument in writing. hereto attached, purporting to
be his last Will and Testament; That the said James Cant:
well died leaving no widow and the following named persons his only
next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
John Cantwell Son Delaware O.
Celia Sroub Daughter " "
Agnes Temple " " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
John Cantwell
The foregoing application was signed in my presence and sworn to be=
fore me, this 10 day of March. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 476 of Delaware County Will Records Vol. 8 1887-1890]
476
James Cantwell's Will
Journal Entry
March 10 1890
In the Matter of the Will of
James Cantwell. deceased. This day an instrument of writing, pur=
porting to be the last Will and Testament
and Codicil thereto, of James Cantwell, late of Delaware
Township, in this County - deceased, was produced in open Court for
probate; on consideration whereof, it is ordered that the said Will be
filed in this Court . and that due notice thereof, and of the applic=
tion to admit the same to probate and record, be given to Celia
Shoub and Agnes Temple (John Cantwell having, in writing
waived Notice and consented to the probate of said Will) next of kin
of the Testator, resident of the State of Ohio, that said application
will be for hearing before this Court, on the 13 day of March. A.
D.1890. at 9 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Dewlaware County.ss
In the Matter of the last Will
and Testament of James Can= Application to Admit to Probate.
well, deceased. ~
To the Hon. N.F. Overturf - Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents
that James Cantwell late of resident of the Township of Dela:
ware, in said County, died on or about the 10 day of February. A.D.
1890. leaving an instrument in writing. hereto attached, purporting to
be his last Will and Testament; That the said James Cant:
well died leaving no widow and the following named persons his only
next of kin resident of the State of Ohio.
Name Degree of Kinship P.O. Address.
John Cantwell Son Delaware O.
Celia Sroub Daughter " "
Agnes Temple " " "
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
John Cantwell
The foregoing application was signed in my presence and sworn to be=
fore me, this 10 day of March. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 543)
Description
[page 543]
[corresponds to page 477 of Delaware County Will Records Vol. 8 1887-1890]
477
James Cantwell's Will
Waiver Filed March.10 1890.
I, the undersigned next of kin of the within named decedent. hereby
waive further notice, and consent to the probate of said Will.
Dated this 10 day of March. A.D.1890.
John Cantwell.
Notice
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and Testament
of James Cantwell, deceased.
To John Cantwell:
You are hereby commanded to notify Celia Shoub and Agnes
Temple. that on the 15 day of March. A.D.1890. an instrument of
writing, purporting to be the last Will and Testament of James
Cantwell late of Delaware Township, in said County deceased,
was produced in said Court, and an application to admit the same
to probate was on the same day made in said Court. Said ap=
plication will be for hearing before this Court on the 13 day of March
A.D.1890. at 9 o'clock A.M.
Witness my hand and the seal of said Probate Court
at Delaware, Ohio, this 10 day of March. A D.1890.
N .F Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss. John Cantwell being duly sworn, says
that on the 10 day of March.A.D.1890, he
served the within notice by delivering a true copy thereof to the
within named Celia Shoub and Agnes Temple.
J. Cantwell
Subscribed in my presence and sworn to before me this 13 day of
March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court John F.
Snodgrass and Q.D. Horr the subscribing witnesses to the last
Will and Testament and the Codicil of the same of James Cant=
well, late of Delaware Township in said Delaware County. de=
ceased; who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the paper before
them bearing date the 7 day of March A.D.1887 and said Cod=
[corresponds to page 477 of Delaware County Will Records Vol. 8 1887-1890]
477
James Cantwell's Will
Waiver Filed March.10 1890.
I, the undersigned next of kin of the within named decedent. hereby
waive further notice, and consent to the probate of said Will.
Dated this 10 day of March. A.D.1890.
John Cantwell.
Notice
The State of Ohio In Probate Court.
Delaware County.ss.
In the matter of the last Will and Testament
of James Cantwell, deceased.
To John Cantwell:
You are hereby commanded to notify Celia Shoub and Agnes
Temple. that on the 15 day of March. A.D.1890. an instrument of
writing, purporting to be the last Will and Testament of James
Cantwell late of Delaware Township, in said County deceased,
was produced in said Court, and an application to admit the same
to probate was on the same day made in said Court. Said ap=
plication will be for hearing before this Court on the 13 day of March
A.D.1890. at 9 o'clock A.M.
Witness my hand and the seal of said Probate Court
at Delaware, Ohio, this 10 day of March. A D.1890.
N .F Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss. John Cantwell being duly sworn, says
that on the 10 day of March.A.D.1890, he
served the within notice by delivering a true copy thereof to the
within named Celia Shoub and Agnes Temple.
J. Cantwell
Subscribed in my presence and sworn to before me this 13 day of
March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court John F.
Snodgrass and Q.D. Horr the subscribing witnesses to the last
Will and Testament and the Codicil of the same of James Cant=
well, late of Delaware Township in said Delaware County. de=
ceased; who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the paper before
them bearing date the 7 day of March A.D.1887 and said Cod=
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 544)
Description
[page 544]
[corresponds to page 478 of Delaware County Will Records Vol. 8 1887-1890]
478
James Cantwell's Will
icil dated Dec. 6 1888- purporting to be the last Will and Testament
of James Cantwell now deceased, is the Will and Codicil to his
Will, of said deceased, James Cantwell, that they were present
at the execution of said Will and Codicil, and at the request of the
Testator, respectively subscribed their names to the same as witness=
es, in his presence; that they saw the said James Cantwell, de=
ceased sign and seal said Will and Codicil, and heard him acknowl=
edge the same to be his last Will and Testament, and that the said
James Cantwell at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint.
John F. Snodgrass
Q.D. Horr
Sworn to and subscribed by said witnesses, in open Court, this 15
day of March. A.D.1890.
N.F. Overturf
Probate Judge
Journal Entry
March 13 1890.
In the Matter of the Will of
James Cantwell - deceased ~ Be it remembered, that heretofore,
to-wit:
on the 10 day of March. A.D.1890. an
instrument of writing, purporting to be the last Will and Testament
and Codicil thereto, of James Cantwell, late of Delaware
County, deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the court,
that due notice of the filing of said Will, and of the application
to admit the same to probate and record in this court, has been
given to Celia Shoub and Agnes Temple (John Cantwell
having waived Notice) next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court; thereupon
came John F. Snodgrass and Q. D. Horr the subscribing wit=
nesses to said Will and Codicil thereto, who being duly sworn,
testified to the due execution and attestation of said Will and
Codicil
thereto, which testimony was reduced to writing is the last
Will and Testament and Codicil thereto of said James Cant=
well, deceased. That the same were duly executed and attested,
and that the said Testator, at the time of making, signing and
sealing said Will and Codicil thereto, was of full age, of sound
mind and memory, and not under any restraint. It is, there=
fore, by the Court ordered, that the said Will and Codicil thereto
be admitted to probate, and that the same, together with the tes=
timony of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
[corresponds to page 478 of Delaware County Will Records Vol. 8 1887-1890]
478
James Cantwell's Will
icil dated Dec. 6 1888- purporting to be the last Will and Testament
of James Cantwell now deceased, is the Will and Codicil to his
Will, of said deceased, James Cantwell, that they were present
at the execution of said Will and Codicil, and at the request of the
Testator, respectively subscribed their names to the same as witness=
es, in his presence; that they saw the said James Cantwell, de=
ceased sign and seal said Will and Codicil, and heard him acknowl=
edge the same to be his last Will and Testament, and that the said
James Cantwell at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under
any restraint.
John F. Snodgrass
Q.D. Horr
Sworn to and subscribed by said witnesses, in open Court, this 15
day of March. A.D.1890.
N.F. Overturf
Probate Judge
Journal Entry
March 13 1890.
In the Matter of the Will of
James Cantwell - deceased ~ Be it remembered, that heretofore,
to-wit:
on the 10 day of March. A.D.1890. an
instrument of writing, purporting to be the last Will and Testament
and Codicil thereto, of James Cantwell, late of Delaware
County, deceased, was produced in open Court for probate, and was
then filed. And, it now being shown to the satisfaction of the court,
that due notice of the filing of said Will, and of the application
to admit the same to probate and record in this court, has been
given to Celia Shoub and Agnes Temple (John Cantwell
having waived Notice) next of kin of the Testator, resident of the
State of Ohio, pursuant to a former order of this Court; thereupon
came John F. Snodgrass and Q. D. Horr the subscribing wit=
nesses to said Will and Codicil thereto, who being duly sworn,
testified to the due execution and attestation of said Will and
Codicil
thereto, which testimony was reduced to writing is the last
Will and Testament and Codicil thereto of said James Cant=
well, deceased. That the same were duly executed and attested,
and that the said Testator, at the time of making, signing and
sealing said Will and Codicil thereto, was of full age, of sound
mind and memory, and not under any restraint. It is, there=
fore, by the Court ordered, that the said Will and Codicil thereto
be admitted to probate, and that the same, together with the tes=
timony of the witnesses above named, as well as the proceedings
had thereon, be entered of record in this Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 545)
Description
[page 545]
[corresponds to page 479 of Delaware County Will Records Vol. 8 1887-1890]
479
James Cantwell's Will
Copy of Will
I James Cantwell of Delaware, Delaware County. Ohio,
Gentleman make this my last Will and Testament.
I give, devise, bequeath my estate and property, real and personal,
as follows:
Item First I order and direct that all my just debts and funeral
expenses shall
be paid.
Item Second. I order that One Hundred Dollars shall be expended in
masses for the rest of the soul of my beloved wife and of myself af=
ter my death.
Item Third I give and bequeath to my daughter Celia Shoub One Hundred
Dollars to be paid oute of my estate.
Item Fourth I give and bequeath to my daughter Agnes Temple One Dollar
to be paid oute, of my estate.
Item Fifth I hereby devise, give and bequeath unto John Cantwell (my son)
and his heirs all of the remaining part of my estate both real
and personal.
Item Sixth I appoint John Cantwell (my son) of Delaware. Delaware County
Executor of this my Will, withoute bond.
In witness whereof, I have signed and seal=
ed and published and declared this instrument as my Will at Dela=
ware. Delaware Co. Ohio, on the seventh day of March. 1887.
his
James X Cantwell. (over)
mark
The said James Cantwell at said Delaware Delaware Co. Ohio.
on said March. 7. 1887. signed and sealed this instrument and published
and declared the same as and for his last Will and we at his request
and in his presence and in the presence of each other, have hereunto written
our names as subscribing witnesses.
John F. Snodgrass
Harry Donavain
Q.D. Horr
Codicil to this Will
Delaware. Ohio. Dec. 6.
1888.
Instead of Item Fourth herein, I give and bequeath to Agnes Tem=
ple my daughter One Hundred Dollars to be paid oute, of my
Estate. Provided however that in case of her death before my
demise, then this Codicil shall become void and my first Will within
shall remain as first written.
his
James X Cantwell {Seal}
mark
The said James Cantwell at said Delaware Ohio on said
Dec. 6. 1888. signed and sealed this Codicil to his Will and published
and declared the same as for his last intention and we at his request
and in his presence and in the presence of each other have hereunto
written our names as subscribing witnesses.
John F. Snodgrass
Serena Randell
Q.D Horr.
[corresponds to page 479 of Delaware County Will Records Vol. 8 1887-1890]
479
James Cantwell's Will
Copy of Will
I James Cantwell of Delaware, Delaware County. Ohio,
Gentleman make this my last Will and Testament.
I give, devise, bequeath my estate and property, real and personal,
as follows:
Item First I order and direct that all my just debts and funeral
expenses shall
be paid.
Item Second. I order that One Hundred Dollars shall be expended in
masses for the rest of the soul of my beloved wife and of myself af=
ter my death.
Item Third I give and bequeath to my daughter Celia Shoub One Hundred
Dollars to be paid oute of my estate.
Item Fourth I give and bequeath to my daughter Agnes Temple One Dollar
to be paid oute, of my estate.
Item Fifth I hereby devise, give and bequeath unto John Cantwell (my son)
and his heirs all of the remaining part of my estate both real
and personal.
Item Sixth I appoint John Cantwell (my son) of Delaware. Delaware County
Executor of this my Will, withoute bond.
In witness whereof, I have signed and seal=
ed and published and declared this instrument as my Will at Dela=
ware. Delaware Co. Ohio, on the seventh day of March. 1887.
his
James X Cantwell. (over)
mark
The said James Cantwell at said Delaware Delaware Co. Ohio.
on said March. 7. 1887. signed and sealed this instrument and published
and declared the same as and for his last Will and we at his request
and in his presence and in the presence of each other, have hereunto written
our names as subscribing witnesses.
John F. Snodgrass
Harry Donavain
Q.D. Horr
Codicil to this Will
Delaware. Ohio. Dec. 6.
1888.
Instead of Item Fourth herein, I give and bequeath to Agnes Tem=
ple my daughter One Hundred Dollars to be paid oute, of my
Estate. Provided however that in case of her death before my
demise, then this Codicil shall become void and my first Will within
shall remain as first written.
his
James X Cantwell {Seal}
mark
The said James Cantwell at said Delaware Ohio on said
Dec. 6. 1888. signed and sealed this Codicil to his Will and published
and declared the same as for his last intention and we at his request
and in his presence and in the presence of each other have hereunto
written our names as subscribing witnesses.
John F. Snodgrass
Serena Randell
Q.D Horr.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 546)
Description
[page 546]
[corresponds to page 480 of Delaware County Will Records Vol. 8 1887-1890]
480
4 6 4 7 Harriet R. Pierce Will
Journal Entry.
February. 22 1890.
In the Matter of the Will
of Harriet R. Pierce, decd This day, an instrument of writing, pur=
porting to be the last Will and
Testament
of Harriet R. Pierce, late of Berlin Township, in this County.
deceased, was produced in open Court for Probate, on consideration
whereof, it is ordered that the said Will be filed in this Court,
and thereupon came Major E. Pierce. husband and only next of kin
of said Testatrix, and in writing, waived further Notice, and
consented
to the Probate of said Will, and the hearing of said Will, is set
for the 8 day of March. A.D.1890, at 2 o'clock P.M.
N.F. Overturf
Probate Judge .
Application for Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last
Will and Testament of Application to Admit to Probate
Harriet R. Pierce,deceased.
To the Hon. N.F. Overturf. Judge of
Probate Court in and for said County:
Your petitioner respectfully represents
that Harriet R. Pierce, late a resident of the Township of Ber=
lin in said County, died on or about the 15 day of February A.
D. 1890. leaving an instrument in writing, hereto attached, purport=
ing to be her last Will and Testament: That the said Harriet
R. Pierce died leaving Major E. Pierce - widower her only next
of kin.
Your petitioner prays that a time may be fixed for the proving
of said Will.
Major E. Pierce
The foregoing application was signed in my presence and sworn to
before me, this 25 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Waiver
Filed - February 25 1890.
I, the undersigned only next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said Will,
Dated this 25 day of February. A.D.1890.
Major E. Pierce
[corresponds to page 480 of Delaware County Will Records Vol. 8 1887-1890]
480
4 6 4 7 Harriet R. Pierce Will
Journal Entry.
February. 22 1890.
In the Matter of the Will
of Harriet R. Pierce, decd This day, an instrument of writing, pur=
porting to be the last Will and
Testament
of Harriet R. Pierce, late of Berlin Township, in this County.
deceased, was produced in open Court for Probate, on consideration
whereof, it is ordered that the said Will be filed in this Court,
and thereupon came Major E. Pierce. husband and only next of kin
of said Testatrix, and in writing, waived further Notice, and
consented
to the Probate of said Will, and the hearing of said Will, is set
for the 8 day of March. A.D.1890, at 2 o'clock P.M.
N.F. Overturf
Probate Judge .
Application for Probate of Will.
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last
Will and Testament of Application to Admit to Probate
Harriet R. Pierce,deceased.
To the Hon. N.F. Overturf. Judge of
Probate Court in and for said County:
Your petitioner respectfully represents
that Harriet R. Pierce, late a resident of the Township of Ber=
lin in said County, died on or about the 15 day of February A.
D. 1890. leaving an instrument in writing, hereto attached, purport=
ing to be her last Will and Testament: That the said Harriet
R. Pierce died leaving Major E. Pierce - widower her only next
of kin.
Your petitioner prays that a time may be fixed for the proving
of said Will.
Major E. Pierce
The foregoing application was signed in my presence and sworn to
before me, this 25 day of February. A.D.1890.
N.F. Overturf
{Seal} Probate Judge.
Waiver
Filed - February 25 1890.
I, the undersigned only next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said Will,
Dated this 25 day of February. A.D.1890.
Major E. Pierce
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 547)
Description
[page 547]
[corresponds to page 481 of Delaware County Will Records Vol. 8 1887-1890]
481
Harriet R. Pierce Will
Journal Entry
March. 8 1890
In the Matter of the Will of
Harriet R. Pierce. decd Be it remembered that heretofore, towit:
on the 25 day of February. A.D.
1890, an instrument of writing, purporting to be the last Will and
Testament of Harriet R. Pierce, late of Berlin Township in
this County deceased, was produced in open Court for probate,
and was then filed. And Major E. Pierce husband and only next
of kin of said Testatrix, having waived Notice, thereupon came
Clarinda Vinining [Vining], one of the subscribing witnesses to said
Will,
who being duly sworn, testified to the due execution and attestation
of said Will is continued to the 14 day of March. A.D.1890.
at 10 o'clock A.M., to take the testimony of Frances Vining, the
other subscribing witness to said Will
N.F. Overturf
Probate Judge.
Testimony of Clarinda Vining
In Probate Court ~ In the Matter of Proving the last Will and
Delaware County. Ohio. Testament of Harriet R. Pierce.deceased.
The State of Ohio
Delaware County.ss. Clarinda Vining, being duly sworn and exam=
ined as a witness in the above entitled
matter,
says: I was present at the execution of the instrument now
shown to me, bearing date the 2 day of December. A.D.1889,
and offered for probate as the last Will and Testament of Harriet
R. Pierce, late of Berlin Township, in said County of Delaware
deceased, and saw the said Harriet R. Pierce, now deceased
sign and seal said instrument, and heard her acknowledge the same
to be her last Will and Testament; and I, thereupon, at her
request, and in her presence, subscribed my name to the same
as a witness. The said decedent, at the time of making, sign=
ing and sealing said instrument, was of full age, of sound mind
and memory, and not under any restraint.
Clarinda Vining
Sworn to and subscribed by said witness in open court, this 8
day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 481 of Delaware County Will Records Vol. 8 1887-1890]
481
Harriet R. Pierce Will
Journal Entry
March. 8 1890
In the Matter of the Will of
Harriet R. Pierce. decd Be it remembered that heretofore, towit:
on the 25 day of February. A.D.
1890, an instrument of writing, purporting to be the last Will and
Testament of Harriet R. Pierce, late of Berlin Township in
this County deceased, was produced in open Court for probate,
and was then filed. And Major E. Pierce husband and only next
of kin of said Testatrix, having waived Notice, thereupon came
Clarinda Vinining [Vining], one of the subscribing witnesses to said
Will,
who being duly sworn, testified to the due execution and attestation
of said Will is continued to the 14 day of March. A.D.1890.
at 10 o'clock A.M., to take the testimony of Frances Vining, the
other subscribing witness to said Will
N.F. Overturf
Probate Judge.
Testimony of Clarinda Vining
In Probate Court ~ In the Matter of Proving the last Will and
Delaware County. Ohio. Testament of Harriet R. Pierce.deceased.
The State of Ohio
Delaware County.ss. Clarinda Vining, being duly sworn and exam=
ined as a witness in the above entitled
matter,
says: I was present at the execution of the instrument now
shown to me, bearing date the 2 day of December. A.D.1889,
and offered for probate as the last Will and Testament of Harriet
R. Pierce, late of Berlin Township, in said County of Delaware
deceased, and saw the said Harriet R. Pierce, now deceased
sign and seal said instrument, and heard her acknowledge the same
to be her last Will and Testament; and I, thereupon, at her
request, and in her presence, subscribed my name to the same
as a witness. The said decedent, at the time of making, sign=
ing and sealing said instrument, was of full age, of sound mind
and memory, and not under any restraint.
Clarinda Vining
Sworn to and subscribed by said witness in open court, this 8
day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 548)
Description
[page 548]
[corresponds to page 482 of Delaware County Will Records Vol. 8 1887-1890]
482
Harriet R. Pierce Will
Testimony of Frances Vining
The State of Ohio
Delaware County ss. Frances Vining, being duly sworn and ex=
amined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date the 2 day of December- A.D. 1889_
and offered for probate as the last Will and Testament of Harriet
R. Pierce, late of Berlin Township, in said County of Dela=
ware, deceased, and saw the said Harriet R. Pierce now deceased,
sign and seal said instrument, and heard her acknowledge the same
to be her last Will and Testament; and I, thereupon, at her request,
and in her presence, subscribed my name to the same as a witness.
The said decedent, at the time of making, signing and sealing said
instrument, was of full age, of sound mind and memory, and not under
any restraint.
Frances Vining
Sworn to and subscribed by said witness in open Court, this 14 day
of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Journal Entry
March.14 1890.
In the Matter of the Will of
Harriet R. Pierce . deceased
This day came Frances Vining. the
other
subscribing witness to said Will, who being duly sworn, testi=
fied to the due execution and attestation of said Will, which
testimony was reduced to writing. by her subscribed, and filed with
said Will. Whereupon the Court now finds that the aforesaid
instrument of writing is the last Will and Testament of said
Harriet R. Pierce, deceased. That the same was duly exe=
cuted and attested; and that the said Testatrix, at the time of
making, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, there=
fore, by the Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
[corresponds to page 482 of Delaware County Will Records Vol. 8 1887-1890]
482
Harriet R. Pierce Will
Testimony of Frances Vining
The State of Ohio
Delaware County ss. Frances Vining, being duly sworn and ex=
amined as a witness in the above entitled
matter, says; I was present at the execution of the instrument
now shown to me, bearing date the 2 day of December- A.D. 1889_
and offered for probate as the last Will and Testament of Harriet
R. Pierce, late of Berlin Township, in said County of Dela=
ware, deceased, and saw the said Harriet R. Pierce now deceased,
sign and seal said instrument, and heard her acknowledge the same
to be her last Will and Testament; and I, thereupon, at her request,
and in her presence, subscribed my name to the same as a witness.
The said decedent, at the time of making, signing and sealing said
instrument, was of full age, of sound mind and memory, and not under
any restraint.
Frances Vining
Sworn to and subscribed by said witness in open Court, this 14 day
of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Journal Entry
March.14 1890.
In the Matter of the Will of
Harriet R. Pierce . deceased
This day came Frances Vining. the
other
subscribing witness to said Will, who being duly sworn, testi=
fied to the due execution and attestation of said Will, which
testimony was reduced to writing. by her subscribed, and filed with
said Will. Whereupon the Court now finds that the aforesaid
instrument of writing is the last Will and Testament of said
Harriet R. Pierce, deceased. That the same was duly exe=
cuted and attested; and that the said Testatrix, at the time of
making, signing and sealing said Will, was of full age, of sound
mind and memory, and not under any restraint. It is, there=
fore, by the Court ordered, that the said Will be admitted to
probate, and that the same, together with the testimony of the
witnesses above named, as well as the proceedings had thereon,
be entered of record in this Court.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 549)
Description
[page 549]
[corresponds to page 483 of Delaware County Will Records Vol. 8 1887-1890]
483
Harriet R. Pierce Will
Copy of Will
I Harriet R. Pierce wife of Major E. Pierce of Berlin
Township. Delaware COunty - Ohio_do make and publish
this my last Will and Testament.
Item 1 It is my will that all my just debts and funeral expenses be
paid.
Item 2 I give devise and bequeath to my beloved husband Major E.
Pierce all my property both real & personal of every kind and
description whatsoever to have and to hold to him and his heirs
and assignes forever. The real estate I own at present therein
devised consists of about twenty five acres Situated in Berlin
Township Delaware County- Ohio - Bounded on the North
by Edward Rolosons land on the east by lands belonging to
the heirs of Elijah Shade, deceased, on the South by lands
of Hannah Wilson & David Benton on the West by George
L. Sacketts land & D. Bentons land.
Item 3 I do hereby nominate and appoint Major E. Pierce my hus=
band Executor of this my last WIll and Testament hereby
authorizing and empowering him to compromise adjust release
and discharge in such manner as he may deem proper the
debts and claims due me.
I desire that no appraisement and no sale of my personal
property be made and that the Court of Probate direct the
omission of the same in pursuance of the statute.
And I desire that no bond be required of my Executor.
In testimony hereof I have hereunto set my hand
and seal this second day of December. A.D.1889.
Harriet R. Pierce {Seal}
Signed and Acknowledged by said
Harriet R. Pierce as her last
Will and Testament in our pres=
ence and signed by us in her
presence.
Clarinda Vining
Frances Vining.
[corresponds to page 483 of Delaware County Will Records Vol. 8 1887-1890]
483
Harriet R. Pierce Will
Copy of Will
I Harriet R. Pierce wife of Major E. Pierce of Berlin
Township. Delaware COunty - Ohio_do make and publish
this my last Will and Testament.
Item 1 It is my will that all my just debts and funeral expenses be
paid.
Item 2 I give devise and bequeath to my beloved husband Major E.
Pierce all my property both real & personal of every kind and
description whatsoever to have and to hold to him and his heirs
and assignes forever. The real estate I own at present therein
devised consists of about twenty five acres Situated in Berlin
Township Delaware County- Ohio - Bounded on the North
by Edward Rolosons land on the east by lands belonging to
the heirs of Elijah Shade, deceased, on the South by lands
of Hannah Wilson & David Benton on the West by George
L. Sacketts land & D. Bentons land.
Item 3 I do hereby nominate and appoint Major E. Pierce my hus=
band Executor of this my last WIll and Testament hereby
authorizing and empowering him to compromise adjust release
and discharge in such manner as he may deem proper the
debts and claims due me.
I desire that no appraisement and no sale of my personal
property be made and that the Court of Probate direct the
omission of the same in pursuance of the statute.
And I desire that no bond be required of my Executor.
In testimony hereof I have hereunto set my hand
and seal this second day of December. A.D.1889.
Harriet R. Pierce {Seal}
Signed and Acknowledged by said
Harriet R. Pierce as her last
Will and Testament in our pres=
ence and signed by us in her
presence.
Clarinda Vining
Frances Vining.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 550)
Description
[page 550]
[corresponds to page 484 of Delaware County Will Records Vol. 8 1887-1890]
484
John O. McDowell's Will
Journal Entry
March 18 1890.
In the Matter of the Will of
John O. McDowell, deceased This day, an instrument of writing,
purporting to be the last Will and
Testament of John O. McDowell, late of Delaware City, in
this County deceased, was produced in open Court for Probate _ on
consideration whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the application
to admit the same to probate and record, be given to Florence
McDowell . John Robert McDowell. Annie M. McDowell and
Mary W. McDowell- next of kin of the Testator, resident of the
State of Ohio - (Hettie McDowell widow - having waived No=
tice and consented to the probate of said Will ) that said application
will be for hearing before this Court on the 24 day of March.
A.D. 1890. at 9 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio In Probate Court
Delaware County.ss
In the Matter of the last Will
and Testament of John D. [O.] Application to Admit to Probate -
McDowell - decd
To the Hon. N.F. Overturf_ Judge
of the Probate Court in and for said County:
Your petitioner respectfully
represents
that John O. McDowell, late a resident of the Township of
Delaware in said County, died on or about the 12 day of March
A.D. 1890, leaving an instrument in writing, hereto attached pur=
porting to be his last Will and Testament: That the said
John O. McDowell died leaving Hettie W. McDowell his
widow and the following named persons his only next of kin
resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Florence McDowell Daughter Delaware.
O.
John Robert McDowell Son "
"
Annie M. McDowell Daughter "
"
Mary W McDowell " "
"
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be
notified according to law of the pending of said proceedings.
Hettie W. McDowell.
[corresponds to page 484 of Delaware County Will Records Vol. 8 1887-1890]
484
John O. McDowell's Will
Journal Entry
March 18 1890.
In the Matter of the Will of
John O. McDowell, deceased This day, an instrument of writing,
purporting to be the last Will and
Testament of John O. McDowell, late of Delaware City, in
this County deceased, was produced in open Court for Probate _ on
consideration whereof, it is ordered that the said Will be filed
in this Court, and that due notice thereof, and of the application
to admit the same to probate and record, be given to Florence
McDowell . John Robert McDowell. Annie M. McDowell and
Mary W. McDowell- next of kin of the Testator, resident of the
State of Ohio - (Hettie McDowell widow - having waived No=
tice and consented to the probate of said Will ) that said application
will be for hearing before this Court on the 24 day of March.
A.D. 1890. at 9 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will.
The State of Ohio In Probate Court
Delaware County.ss
In the Matter of the last Will
and Testament of John D. [O.] Application to Admit to Probate -
McDowell - decd
To the Hon. N.F. Overturf_ Judge
of the Probate Court in and for said County:
Your petitioner respectfully
represents
that John O. McDowell, late a resident of the Township of
Delaware in said County, died on or about the 12 day of March
A.D. 1890, leaving an instrument in writing, hereto attached pur=
porting to be his last Will and Testament: That the said
John O. McDowell died leaving Hettie W. McDowell his
widow and the following named persons his only next of kin
resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Florence McDowell Daughter Delaware.
O.
John Robert McDowell Son "
"
Annie M. McDowell Daughter "
"
Mary W McDowell " "
"
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be
notified according to law of the pending of said proceedings.
Hettie W. McDowell.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 551)
Description
[page 551]
[corresponds to page 485 of Delaware County Will Records Vol. 8 1887-1890]
485
John O. McDowell's Will
The foregoing application was signed in my presence and sworn to
before me, this 18 day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge .
Waiver
I, the undersigned Hettie W. McDowell, widow of the within named
decedent, hereby waive further notice, and consent to the probate of
said Will.
Dated this 18 day of March. A.D.1890.
Hettie W. McDowell
Notice
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last Will and Testament
of
John O. McDowell, deceased:
To Hettie W. McDowell: ~
You are hereby commanded to notify Florence McDowell_
John R. McDowell. Annie M. McDowell and Mary W. McDow:
ell, that on the 18 day of March. A.D.1890. an instrument of
writing, purporting to be the last Will and Testament of John
O. McDowell, late of Delaware Township, in said County de=
ceased, was produced in said Court, and an application to admit
the same to probate was on the same day made in said Court.
Said application will be for hearing before this Court on the
24 day of March.A.D.1890.at 9 o'clock A.M.
Witness my hand and the seal of said Probate Court.
at Delaware, Ohio. this 18 day of March.A D 1890.
N.F. Overturf
{Seal} Probate Judge
Proof of Service.
The State of Ohio
Delaware County.ss Hettie W. McDowell - widow of John
McDowell -deceased- within named ~
being duly sworn, says that on the eighteenth day of March-
A.D.1890, she served the within notice by delivering a true
copy thereof to each of the within named Florence McDowell-
John R. McDowell- Annie May McDowell and Mary W
McDowell personally.
Hettie W. McDowell.
Subscribed in my presence and sworn to before me this 24 day
of March. A.D.1890.
N.F. Overturf
Probate Judge.
[corresponds to page 485 of Delaware County Will Records Vol. 8 1887-1890]
485
John O. McDowell's Will
The foregoing application was signed in my presence and sworn to
before me, this 18 day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge .
Waiver
I, the undersigned Hettie W. McDowell, widow of the within named
decedent, hereby waive further notice, and consent to the probate of
said Will.
Dated this 18 day of March. A.D.1890.
Hettie W. McDowell
Notice
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last Will and Testament
of
John O. McDowell, deceased:
To Hettie W. McDowell: ~
You are hereby commanded to notify Florence McDowell_
John R. McDowell. Annie M. McDowell and Mary W. McDow:
ell, that on the 18 day of March. A.D.1890. an instrument of
writing, purporting to be the last Will and Testament of John
O. McDowell, late of Delaware Township, in said County de=
ceased, was produced in said Court, and an application to admit
the same to probate was on the same day made in said Court.
Said application will be for hearing before this Court on the
24 day of March.A.D.1890.at 9 o'clock A.M.
Witness my hand and the seal of said Probate Court.
at Delaware, Ohio. this 18 day of March.A D 1890.
N.F. Overturf
{Seal} Probate Judge
Proof of Service.
The State of Ohio
Delaware County.ss Hettie W. McDowell - widow of John
McDowell -deceased- within named ~
being duly sworn, says that on the eighteenth day of March-
A.D.1890, she served the within notice by delivering a true
copy thereof to each of the within named Florence McDowell-
John R. McDowell- Annie May McDowell and Mary W
McDowell personally.
Hettie W. McDowell.
Subscribed in my presence and sworn to before me this 24 day
of March. A.D.1890.
N.F. Overturf
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 552)
Description
[page 552]
[corresponds to page 486 of Delaware County Will Records Vol. 8 1887-1890]
486
John D. [O.] McDowell's Will
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court Mag=
dalena A. Wolfley and Homer M. Casper the subscribing witnesses
to the last Will and Testament of John O. [D.] McDowell, late of
Delaware Township in said Delaware County, deceased; who
being duly sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date the
23 day of October. A.D.1889. purporting to be the last Will
and Testament of John O. [D.] McDowell, now deceased, is the Will
of said deceased, John O. [D.] McDowell, that they were present at
the execution of said Will, and at the request of the Testator.
respectively subscribed their names to the same as witnesses, in
his presence; that they saw the said John O. [D.] McDowell deceas=
ed sign and seal said Will, and heard him acknowledge the same to
be his last Will and Testament, and that the said John O. [D.] McDow=
ell at the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under any re=
straint.
Magdalena A. Wolfley
Home M. Casper.
Sworn to and subscribed by said witnesses, in open Court,
this 24 day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Journal Entry
March.24 1890.
In the Matter of the Probate and admission
to probate and record of the last Will and
Testament of John D. [O.] McDowell- late of
Delaware County-in the State of Ohio-deceased. A paper purporting to
be the
last Will and
Testament of
John O. [D.] McDowell, late of Delaware County. Ohio- deceased-
having been, on the 18 day of March. A.D.1890. filed in this court.
due notice of the filing thereof in writing, and of the time for the
hearing of the application for probate thereof, and that the hearing
thereof would be on the 24 day of March. A.D.1890. at 9 o'clock
A.M. was ordered by the Court to be given to Florence McDow=
ell - John Robert McDowell- Annie M. McDowell and Mary
W. McDowell- whom the Court finds to be residents of the State
of Ohio, and to be the only children and only heirs at Law of the said
John O. McDowell. widow of said John O. McDowell
deceased, served by true copy in writing, on each of said heirs, to-
wit:
[corresponds to page 486 of Delaware County Will Records Vol. 8 1887-1890]
486
John D. [O.] McDowell's Will
Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss
Personally appeared in open Court Mag=
dalena A. Wolfley and Homer M. Casper the subscribing witnesses
to the last Will and Testament of John O. [D.] McDowell, late of
Delaware Township in said Delaware County, deceased; who
being duly sworn according to law, to speak the truth, the whole
truth, and nothing but the truth, in relation to the execution of said
Will, depose and say: That the paper before them bearing date the
23 day of October. A.D.1889. purporting to be the last Will
and Testament of John O. [D.] McDowell, now deceased, is the Will
of said deceased, John O. [D.] McDowell, that they were present at
the execution of said Will, and at the request of the Testator.
respectively subscribed their names to the same as witnesses, in
his presence; that they saw the said John O. [D.] McDowell deceas=
ed sign and seal said Will, and heard him acknowledge the same to
be his last Will and Testament, and that the said John O. [D.] McDow=
ell at the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under any re=
straint.
Magdalena A. Wolfley
Home M. Casper.
Sworn to and subscribed by said witnesses, in open Court,
this 24 day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Journal Entry
March.24 1890.
In the Matter of the Probate and admission
to probate and record of the last Will and
Testament of John D. [O.] McDowell- late of
Delaware County-in the State of Ohio-deceased. A paper purporting to
be the
last Will and
Testament of
John O. [D.] McDowell, late of Delaware County. Ohio- deceased-
having been, on the 18 day of March. A.D.1890. filed in this court.
due notice of the filing thereof in writing, and of the time for the
hearing of the application for probate thereof, and that the hearing
thereof would be on the 24 day of March. A.D.1890. at 9 o'clock
A.M. was ordered by the Court to be given to Florence McDow=
ell - John Robert McDowell- Annie M. McDowell and Mary
W. McDowell- whom the Court finds to be residents of the State
of Ohio, and to be the only children and only heirs at Law of the said
John O. McDowell. widow of said John O. McDowell
deceased, served by true copy in writing, on each of said heirs, to-
wit:
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 553)
Description
[page 553]
[corresponds to page 487 of Delaware County Will Records Vol. 8 1887-1890]
487
John O. McDowell's Will
Florence McDowell. John R. McDowell. Annie M. McDowell and
Mary W. McDowell on said 18 day of March. A.D.1890 each per
sonally - and the Court further finds that said Notice was due and
sufficient - and the service thereof as aforesaid was in conformity to
law and to the order of this Court - and the Court doth hereby approve
the same. And now on this 24 day of March. A.D.1890. at 9 o'clock
A.M., came said Hettie W McDowell and the said paper purport=
ing to be the last Will and Testament of said John O. McDowell
late of said Delaware County. Ohio, deceased. (and whom the court
finds to have been a resident of this said Delaware County. at
the time of his death ) was again produced and presented to the court
herein for probate and record. and it appearing to the Court that
the said widow of said decedent and all the next of kin of the dece=
dent (and who survive him) resident of the State of Ohio, have
been duly notified of the presentation of said Will for probate and
record: thereupon - Homer M. Casper and Magdalena Wolfley -
the subscribing witnesses to said Will, appeared in open Court.
and were duly sworn and examined according to law, and their tes=
timony thereon was reduced to writing and filed according to law.
And it appearing to the Court from the testimony so taken
that the said paper purporting to be the said last Will and Tes=
tament of said John O. McDowell - deceased, was duly attest=
ed and executed and, that the Testator, John O. McDowell,
at the time of executing the same, was of full age, and of sound mind
and memory and not under any restraint, the Court now finds
said paper to be the Will of said John O. McDowell and admits
the said Will to probate, and orders the same, together with the
testimony so taken, to be recorded, according to the statute in
such case made and provided.
Citation ordered and issued to Hettie W. McDowell, widow of
said decedent to elect as to said Will, as required by law - and
thereupon came said Hettie W. McDowell - widow - and in writing
acknowledged service of the said Citation, and the same was filed
herein.
N.F. Overturf
Probate Judge.
Copy of Will
I, John O. McDowell- Physician of the City of Delaware-
in Delaware County- in the State of Ohio, being of lawful age,
and of sound and disposing mind and memory, and under no restraint
do make and publish this my last Will and Testament, hereby
revoking and annulling any and all wills heretofore, at any time made
by me, and declaring and publishing this to be my last will and
testament.
Item 1 It is my will that all statutory allowances to my wife, and all
my just and lawful debts, and my funeral expenses be paid, and
that they be so paid in the order provided by the Laws of Ohio in
cases of intestacy.
[corresponds to page 487 of Delaware County Will Records Vol. 8 1887-1890]
487
John O. McDowell's Will
Florence McDowell. John R. McDowell. Annie M. McDowell and
Mary W. McDowell on said 18 day of March. A.D.1890 each per
sonally - and the Court further finds that said Notice was due and
sufficient - and the service thereof as aforesaid was in conformity to
law and to the order of this Court - and the Court doth hereby approve
the same. And now on this 24 day of March. A.D.1890. at 9 o'clock
A.M., came said Hettie W McDowell and the said paper purport=
ing to be the last Will and Testament of said John O. McDowell
late of said Delaware County. Ohio, deceased. (and whom the court
finds to have been a resident of this said Delaware County. at
the time of his death ) was again produced and presented to the court
herein for probate and record. and it appearing to the Court that
the said widow of said decedent and all the next of kin of the dece=
dent (and who survive him) resident of the State of Ohio, have
been duly notified of the presentation of said Will for probate and
record: thereupon - Homer M. Casper and Magdalena Wolfley -
the subscribing witnesses to said Will, appeared in open Court.
and were duly sworn and examined according to law, and their tes=
timony thereon was reduced to writing and filed according to law.
And it appearing to the Court from the testimony so taken
that the said paper purporting to be the said last Will and Tes=
tament of said John O. McDowell - deceased, was duly attest=
ed and executed and, that the Testator, John O. McDowell,
at the time of executing the same, was of full age, and of sound mind
and memory and not under any restraint, the Court now finds
said paper to be the Will of said John O. McDowell and admits
the said Will to probate, and orders the same, together with the
testimony so taken, to be recorded, according to the statute in
such case made and provided.
Citation ordered and issued to Hettie W. McDowell, widow of
said decedent to elect as to said Will, as required by law - and
thereupon came said Hettie W. McDowell - widow - and in writing
acknowledged service of the said Citation, and the same was filed
herein.
N.F. Overturf
Probate Judge.
Copy of Will
I, John O. McDowell- Physician of the City of Delaware-
in Delaware County- in the State of Ohio, being of lawful age,
and of sound and disposing mind and memory, and under no restraint
do make and publish this my last Will and Testament, hereby
revoking and annulling any and all wills heretofore, at any time made
by me, and declaring and publishing this to be my last will and
testament.
Item 1 It is my will that all statutory allowances to my wife, and all
my just and lawful debts, and my funeral expenses be paid, and
that they be so paid in the order provided by the Laws of Ohio in
cases of intestacy.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 554)
Description
[page 554]
[corresponds to page 488 of Delaware County Will Records Vol. 8 1887-1890]
488
John O. McDowell's Will
Item 2 I hereby give devise and bequeath to my beloved wife Hettie W.
McDowell-
all the rest and residue of my property of every description, whether
real personal or mixed of which I may be the owner or possessed of
or entitled to either at law or in equity at the time of my decease, and
all my right title and estate at Law or in equity to any property of
every kind and description, to be hers abosolutely, and all monies, book
accounts, promissory notes, choses in action, stocks, shares, options and
all other rights and property belonging or appertaining to me at my de=
cease and all my estate therein, absolutely. And nothing herein giv=
en or intended, or is to be construed to be in lieu of my said wife's
dower or homestead rights in my property or estate, nor in lieu of
her statutory allowance for years support for herself and minor child=
ren as is provided by the laws of Ohio, nor in lieu of any of her stat=
utory rights and allowances, but are given in addition to all the
statutory rights, allowances and privileges she would be entitled to
under the laws of Ohio - if I were to die intestate, and nothing
herein shall abridge or impair them.
Item 3 It is my will that there be no sale by my Executor of any of
my property under any order of any Court and I so request.
Item 4 I hereby nominate and appoint my beloved wife Hettie W.
McDowell to be the Executrix of this my last will and testament:
and I request of the Court that she may not be required to give
bond as such Executrix.
In testimony whereof I hereunto subscribe my name
and affix my scroll seal at said City of Delaware on this twenty
third day of October - in the year of our Lord One Thousand Eight
Hundred and Eighty Nine.
Jno. O. McDowell. {Seal}
Signed sealed and declared and published by the above named
John O. McDowell - the Testator - to be his last Will and
Testament, in our presence and signed by us, each respect=
ively as witnesses, at his request, and in his presence and in the
presence of each other, this 23 day of October . A.D.1889.
Magdalena A. Wolfley Witnesses.
Homer M. Carper. [Casper]
[corresponds to page 488 of Delaware County Will Records Vol. 8 1887-1890]
488
John O. McDowell's Will
Item 2 I hereby give devise and bequeath to my beloved wife Hettie W.
McDowell-
all the rest and residue of my property of every description, whether
real personal or mixed of which I may be the owner or possessed of
or entitled to either at law or in equity at the time of my decease, and
all my right title and estate at Law or in equity to any property of
every kind and description, to be hers abosolutely, and all monies, book
accounts, promissory notes, choses in action, stocks, shares, options and
all other rights and property belonging or appertaining to me at my de=
cease and all my estate therein, absolutely. And nothing herein giv=
en or intended, or is to be construed to be in lieu of my said wife's
dower or homestead rights in my property or estate, nor in lieu of
her statutory allowance for years support for herself and minor child=
ren as is provided by the laws of Ohio, nor in lieu of any of her stat=
utory rights and allowances, but are given in addition to all the
statutory rights, allowances and privileges she would be entitled to
under the laws of Ohio - if I were to die intestate, and nothing
herein shall abridge or impair them.
Item 3 It is my will that there be no sale by my Executor of any of
my property under any order of any Court and I so request.
Item 4 I hereby nominate and appoint my beloved wife Hettie W.
McDowell to be the Executrix of this my last will and testament:
and I request of the Court that she may not be required to give
bond as such Executrix.
In testimony whereof I hereunto subscribe my name
and affix my scroll seal at said City of Delaware on this twenty
third day of October - in the year of our Lord One Thousand Eight
Hundred and Eighty Nine.
Jno. O. McDowell. {Seal}
Signed sealed and declared and published by the above named
John O. McDowell - the Testator - to be his last Will and
Testament, in our presence and signed by us, each respect=
ively as witnesses, at his request, and in his presence and in the
presence of each other, this 23 day of October . A.D.1889.
Magdalena A. Wolfley Witnesses.
Homer M. Carper. [Casper]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 555)
Description
[page 555]
[corresponds to page 489 of Delaware County Will Records Vol. 8 1887-1890]
489
Mariah Debolt's Will
4 6 81 Journal Entry
March. 18 1890.
In the Matter of the Will
of Mariah Debolt-deceased. This day, an instrument of writing,
purporting to be the last Will and Testa=
ment of Mariah Debolt, late of Thompson Township in this Coun=
ty - deceased - was produced in open Court for Probate - on considera=
tion whereof, it is ordered that the said Will be filed in this Court-
and that due notice thereof, and of the application to admit the same
to probate and record, be given to Mary B. Davis - Lucina A.
Debolt and Rebecca V. Domigan next of kin of the Testatrix,
resident of the State of Ohio. (Wiliam Debolt - widower of Tes=
tatrix, having in writing, waived further notice and consented to the
probate of said Will) that said application will be for hearing be=
fore this Court and on the 26 day of March. A.D.1890. at 10 o'clock
A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last
Will and Testament of Application to Admit to Probate.
Mariah Debolt. deceased.
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully
represents
that Mariah Debolt late a resident of the Township of Thompson
in said County, died on or about the 31 day of January. A.D.
1890. leaving an instrument in writing, hereto attached, purporting to
be her last Will and Testament; That the said Mariah Debolt
died leaving William Debolt widower and the following named per=
sons her only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Mary B. Davis Daughter Richwood O.
Lucina A. Debolt " " "
Rebecca V. Domigan " Twinsburg .O
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified ac=
cording to law of the pending of said proceedings
Wm Debolt.
The foregoing application was signed in my presence and sworn to
before me, this 18 day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 489 of Delaware County Will Records Vol. 8 1887-1890]
489
Mariah Debolt's Will
4 6 81 Journal Entry
March. 18 1890.
In the Matter of the Will
of Mariah Debolt-deceased. This day, an instrument of writing,
purporting to be the last Will and Testa=
ment of Mariah Debolt, late of Thompson Township in this Coun=
ty - deceased - was produced in open Court for Probate - on considera=
tion whereof, it is ordered that the said Will be filed in this Court-
and that due notice thereof, and of the application to admit the same
to probate and record, be given to Mary B. Davis - Lucina A.
Debolt and Rebecca V. Domigan next of kin of the Testatrix,
resident of the State of Ohio. (Wiliam Debolt - widower of Tes=
tatrix, having in writing, waived further notice and consented to the
probate of said Will) that said application will be for hearing be=
fore this Court and on the 26 day of March. A.D.1890. at 10 o'clock
A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio In Probate Court.
Delaware County.ss.
In the Matter of the last
Will and Testament of Application to Admit to Probate.
Mariah Debolt. deceased.
To the Hon. N.F. Overturf. Judge of
the Probate Court in and for said County:
Your petitioner respectfully
represents
that Mariah Debolt late a resident of the Township of Thompson
in said County, died on or about the 31 day of January. A.D.
1890. leaving an instrument in writing, hereto attached, purporting to
be her last Will and Testament; That the said Mariah Debolt
died leaving William Debolt widower and the following named per=
sons her only next of kin resident of the State of Ohio:
Name Degree of Kinship P.O. Address.
Mary B. Davis Daughter Richwood O.
Lucina A. Debolt " " "
Rebecca V. Domigan " Twinsburg .O
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified ac=
cording to law of the pending of said proceedings
Wm Debolt.
The foregoing application was signed in my presence and sworn to
before me, this 18 day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 556)
Description
[page 556]
[corresponds to page 490 of Delaware County Will Records Vol. 8 1887-1890]
490
Mariah Debolt's Will
Waiver
I, the undersigned widower of the within named decedent, hereby waive furth=
er notice, and consent to the probate of said Will.
Dated this 18 day of March. A.D.1890.
Wm Debolt.
Notice
The State of Ohio In Probate Court
Delaware County.ss
In the matter of the last Will and Testament of Mariah
Debolt, deceased.
To Wm Debolt:~ You are hereby commanded
to notify Lucina Debolt _ Rebecca V. Domigan and Mary B. Davis
that on the 18 day of March. A.D. 1890. an instrument of writing, pur=
porting to be the last Will and Testament of Mariah Debolt, late of
Thompson Township, in said County, deceased, was produced in said
Court, and an application to admit the same to probate was on the same
day made in said Court. Said application will be for hearing before
this Court on the 25 day of March.A.D.1890. at 10 o'clock A.M.
Witness my hand and the seal of said Probate Court, at Del=
aware, Ohio, this 18 day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss Wm Debolt being duly sworn, says that on the 19
day of March. A.D.1890. he served the within notice
by delivering a true copy thereof to the within named Lucina A. Debolt-
Mary B. Davis and Rebecca V Domigan.
Wm Debolt
Subscribed in my presence and sworn to before me this 26 day of
March.A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio In Probate Court
Delaware County.ss.
Personally appeared in open Court A.A. Maize
and A.F. Hoskins the subscribing witnesses to the last Will and
Testament
of Mariah Debolt, late of Thompson Township in said Delaware Coun=
ty, deceased; who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the paper before them bearing date the
25 day of August A.D.1884. purporting to be the last Will and Tes=
tament of Mariah Debolt, now deceased, is the Will of said deceased
Mariah Debolt, that they were present at the execution of said Will,
and at the request of the Testatrix, respectively subscribed their
names to the same as witnesses, in her presence; that they saw the said Mariah
[corresponds to page 490 of Delaware County Will Records Vol. 8 1887-1890]
490
Mariah Debolt's Will
Waiver
I, the undersigned widower of the within named decedent, hereby waive furth=
er notice, and consent to the probate of said Will.
Dated this 18 day of March. A.D.1890.
Wm Debolt.
Notice
The State of Ohio In Probate Court
Delaware County.ss
In the matter of the last Will and Testament of Mariah
Debolt, deceased.
To Wm Debolt:~ You are hereby commanded
to notify Lucina Debolt _ Rebecca V. Domigan and Mary B. Davis
that on the 18 day of March. A.D. 1890. an instrument of writing, pur=
porting to be the last Will and Testament of Mariah Debolt, late of
Thompson Township, in said County, deceased, was produced in said
Court, and an application to admit the same to probate was on the same
day made in said Court. Said application will be for hearing before
this Court on the 25 day of March.A.D.1890. at 10 o'clock A.M.
Witness my hand and the seal of said Probate Court, at Del=
aware, Ohio, this 18 day of March. A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Proof of Service
The State of Ohio
Delaware County.ss Wm Debolt being duly sworn, says that on the 19
day of March. A.D.1890. he served the within notice
by delivering a true copy thereof to the within named Lucina A. Debolt-
Mary B. Davis and Rebecca V Domigan.
Wm Debolt
Subscribed in my presence and sworn to before me this 26 day of
March.A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Probate of Will
The State of Ohio In Probate Court
Delaware County.ss.
Personally appeared in open Court A.A. Maize
and A.F. Hoskins the subscribing witnesses to the last Will and
Testament
of Mariah Debolt, late of Thompson Township in said Delaware Coun=
ty, deceased; who being duly sworn according to law, to speak the truth,
the whole truth, and nothing but the truth, in relation to the
execution of said Will, depose and say: That the paper before them bearing date the
25 day of August A.D.1884. purporting to be the last Will and Tes=
tament of Mariah Debolt, now deceased, is the Will of said deceased
Mariah Debolt, that they were present at the execution of said Will,
and at the request of the Testatrix, respectively subscribed their
names to the same as witnesses, in her presence; that they saw the said Mariah
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 557)
Description
[page 557]
[corresponds to page 491 of Delaware County Will Records Vol. 8 1887-1890]
491
Mariah Debolt's Will
Debolt deceased, sign and seal said Will, and heard her acknowledge the
same to be her last Will and Testament, and that the said Mariah
Debolt at the time of making. signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
A.A. Maize
A.F. Hoskins
Sworn to and subscribed by said witnesses, in open Court - this 26 day
of March. A.D.1890.
N.F. Overturf
Probate Judge.
Journal Entry
March.26 1890.
In the Matter of the Will }
of Mariah Debolt-deceased } Be it remembered, that heretofore,
to-wit: on the
18 day of March. A.D.1890. an instrument
of writing, purporting to be the last Will and Testament of Mariah Debolt
late of Thompson Township. in this County deceased, was produced in
open Court for Probate; and was then filed. And, it now being
shown to the satisfaction of the Court, that due notice of the filing of
said Will, and of the application to admit the same to probate and record
in this Court, has been given to Mary B. Davis. Lucina A. Debolt
and Rebecca V. Domigan next of kin of the Testatrix, resident of the
State of Ohio, pursuant to a former order of this Court, (William De-
bolt, widower of said Mariah Debolt having waived Notice)., thereupon, on
this day came A.A. Maize and A.F Hoskins the subscribing wit=
nesses to said Will, who being duly sworn, testified to the due execution
of said Will, which testimony was reduced to writing, by them respec=
ively subscribed and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and
Testament of said Mariah Debolt, deceased, That the same was duly executed
and attested; and that the said Testatrix, at the time of making,
signing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and that the
same, together with the testimony of the witnesses above named, as
well as the proceedings had thereon, be entered of record in this
Court. ~ Citation ordered and issued to William Debolt, widower
of said decedent to elect as to said Will, as required by law and there=
upon the said William Debolt, in writing, acknowledged service of
the within Citation, and the same is filed herein.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, I Mariah De=
bolt of the County of Delaware and State of Ohio and being of sound
mind and knowing the uncertainty of life and the certainty of death I
do make and publish this my last will and testament.
[corresponds to page 491 of Delaware County Will Records Vol. 8 1887-1890]
491
Mariah Debolt's Will
Debolt deceased, sign and seal said Will, and heard her acknowledge the
same to be her last Will and Testament, and that the said Mariah
Debolt at the time of making. signing and sealing said Will, was of full
age, of sound mind and memory, and not under any restraint.
A.A. Maize
A.F. Hoskins
Sworn to and subscribed by said witnesses, in open Court - this 26 day
of March. A.D.1890.
N.F. Overturf
Probate Judge.
Journal Entry
March.26 1890.
In the Matter of the Will }
of Mariah Debolt-deceased } Be it remembered, that heretofore,
to-wit: on the
18 day of March. A.D.1890. an instrument
of writing, purporting to be the last Will and Testament of Mariah Debolt
late of Thompson Township. in this County deceased, was produced in
open Court for Probate; and was then filed. And, it now being
shown to the satisfaction of the Court, that due notice of the filing of
said Will, and of the application to admit the same to probate and record
in this Court, has been given to Mary B. Davis. Lucina A. Debolt
and Rebecca V. Domigan next of kin of the Testatrix, resident of the
State of Ohio, pursuant to a former order of this Court, (William De-
bolt, widower of said Mariah Debolt having waived Notice)., thereupon, on
this day came A.A. Maize and A.F Hoskins the subscribing wit=
nesses to said Will, who being duly sworn, testified to the due execution
of said Will, which testimony was reduced to writing, by them respec=
ively subscribed and filed with said Will, whereupon the Court finds
that the aforesaid instrument of writing is the last Will and
Testament of said Mariah Debolt, deceased, That the same was duly executed
and attested; and that the said Testatrix, at the time of making,
signing and sealing said Will, was of full age, of sound mind and
memory, and not under any restraint. It is, therefore, by the Court
ordered, that the said Will be admitted to probate, and that the
same, together with the testimony of the witnesses above named, as
well as the proceedings had thereon, be entered of record in this
Court. ~ Citation ordered and issued to William Debolt, widower
of said decedent to elect as to said Will, as required by law and there=
upon the said William Debolt, in writing, acknowledged service of
the within Citation, and the same is filed herein.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, I Mariah De=
bolt of the County of Delaware and State of Ohio and being of sound
mind and knowing the uncertainty of life and the certainty of death I
do make and publish this my last will and testament.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 558)
Description
[page 558]
[corresponds to page 492 of Delaware County Will Records Vol. 8 1887-1890]
492
Mariah Debolt's Will
Item 1 I give and bequeath my body to the dust and my soul to the God who
gave it.
Item 2 Devise and bequeath to my beloved daughter Lucina A. Debolt my
Farm lying and being in Thompson Township. Delaware County. Ohio -
and known as the Adam Smith Farm and containing Seventy Five
Acres of Land more or less and in case of the said Lucina A.
Debolt's death and if she should die without bodily heirs then the
same shall go to my daughter Mary B. Davis and in case of her
death then the said Seventy Five Acres of Land shall be equally
divided among the children of the said Mary B. Davis and in case
said Land could not be divided without injury to said Land or in
the division of the same it would do injustice to any of said children
then the same may be sold and the proceeds equally divided among
said children
Item 3 In case I should be the owner of any personal property at the time of
my decease I give the same to my daughter Lucina A. Debolt and
in case of her death the same shall go to my Daughter Mary B.
Davis reserving enough out of said Land and personal property if
it should become necessary to pay any debts or to pay expences of
sickness or burial expences.
Item 4. I give and bequeath to my three daughters - namely - Lucina A.
Debolt - Mary B. Davis - and Rebecca Domegan all of my wear=
ing apparel or clothing after my decease to be divided equally be=
tween them and in case of the death of either of them the same
shall be divided between the others.
Item 5. I desire that no appraisement and no sale of my personal
property - should I be the owner of any at the time of my de=
cease, but dispose as set forth in the third and fourth item and that
the Court of Probate direct the same in pursuance of the stat=
ute.
I hereby revoke all former Wills by me made.
In testimony hereof I have hereunto set my hand and seal this
the 28th day of August 1884.
Mariah Debolt. {Seal}
Signed and acknowledged by the said Mariah Debolt as her
last Will and Testament in our presence and signed by us in her
presence and at her request.
A.A.Maize
A.F.Hoskins.
[corresponds to page 492 of Delaware County Will Records Vol. 8 1887-1890]
492
Mariah Debolt's Will
Item 1 I give and bequeath my body to the dust and my soul to the God who
gave it.
Item 2 Devise and bequeath to my beloved daughter Lucina A. Debolt my
Farm lying and being in Thompson Township. Delaware County. Ohio -
and known as the Adam Smith Farm and containing Seventy Five
Acres of Land more or less and in case of the said Lucina A.
Debolt's death and if she should die without bodily heirs then the
same shall go to my daughter Mary B. Davis and in case of her
death then the said Seventy Five Acres of Land shall be equally
divided among the children of the said Mary B. Davis and in case
said Land could not be divided without injury to said Land or in
the division of the same it would do injustice to any of said children
then the same may be sold and the proceeds equally divided among
said children
Item 3 In case I should be the owner of any personal property at the time of
my decease I give the same to my daughter Lucina A. Debolt and
in case of her death the same shall go to my Daughter Mary B.
Davis reserving enough out of said Land and personal property if
it should become necessary to pay any debts or to pay expences of
sickness or burial expences.
Item 4. I give and bequeath to my three daughters - namely - Lucina A.
Debolt - Mary B. Davis - and Rebecca Domegan all of my wear=
ing apparel or clothing after my decease to be divided equally be=
tween them and in case of the death of either of them the same
shall be divided between the others.
Item 5. I desire that no appraisement and no sale of my personal
property - should I be the owner of any at the time of my de=
cease, but dispose as set forth in the third and fourth item and that
the Court of Probate direct the same in pursuance of the stat=
ute.
I hereby revoke all former Wills by me made.
In testimony hereof I have hereunto set my hand and seal this
the 28th day of August 1884.
Mariah Debolt. {Seal}
Signed and acknowledged by the said Mariah Debolt as her
last Will and Testament in our presence and signed by us in her
presence and at her request.
A.A.Maize
A.F.Hoskins.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 559)
Description
[page 559]
[corresponds to page 493 of Delaware County Will Records Vol. 8 1887-1890]
493
Mary Davies Will
Journal Entry.
February. 14 1890. }
In the Matter of the Will }
of Mary Davis - deceased } This day, an instrument of writing, pur=
porting to be the last Will and Testament of
Mary Davies, late of Radnor Township - in this County - deceased, was
produced in open Court for Probate, On consideration whereof, it is
ordered that the said Will be filed in this Court - and that due notice
thereof, and of the application to admit the same to probate and record, be
given to Martha Breese - Henry L. Davies - Richard Thomas - James
Thomas - Mary Thomas - William H. Davies, next of kin of the
Testator, resident of the State of Ohio, that said application will
be for hearing before this Court on the 1st day of March A..D.
1890. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last }
Will and Testament of } Application to Admit to Probate.
Mary Davies - deceased. }
To the Hon. N.F. Overturf, Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents that
Mary Davies, late of resident of the Township of Radnor in said
County, died on or about the day of A.D. 18__ , leaving
an instrument in writing, hereto attached, purporting to be her last
Will and Testament; That the said Mary died leaving no
widower and the following named persons her only next of kin res=
idents of the State of Ohio:
Name Degree of Kinship P.O. Address.
Martha Breese Daughter Delphos
Henry L. Davies Grandson Do
Richard Thomas Grandson Alaska Vanment Co. O.
James Thomas Grandson Do
Mary Thomas Grand daughter Do.
William H. Davies Grandson Delphos Allen Co. O.
James R. Davies Son. Wichata Kansas
William P. Davies Son. Omaha Neb.
Edward Davies Grandson. Gerard. Kan.
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
James R. Davies
[corresponds to page 493 of Delaware County Will Records Vol. 8 1887-1890]
493
Mary Davies Will
Journal Entry.
February. 14 1890. }
In the Matter of the Will }
of Mary Davis - deceased } This day, an instrument of writing, pur=
porting to be the last Will and Testament of
Mary Davies, late of Radnor Township - in this County - deceased, was
produced in open Court for Probate, On consideration whereof, it is
ordered that the said Will be filed in this Court - and that due notice
thereof, and of the application to admit the same to probate and record, be
given to Martha Breese - Henry L. Davies - Richard Thomas - James
Thomas - Mary Thomas - William H. Davies, next of kin of the
Testator, resident of the State of Ohio, that said application will
be for hearing before this Court on the 1st day of March A..D.
1890. at 10 o'clock A.M.
N.F. Overturf
Probate Judge.
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last }
Will and Testament of } Application to Admit to Probate.
Mary Davies - deceased. }
To the Hon. N.F. Overturf, Judge of the
Probate Court in and for said County:
Your petitioner respectfully represents that
Mary Davies, late of resident of the Township of Radnor in said
County, died on or about the day of A.D. 18__ , leaving
an instrument in writing, hereto attached, purporting to be her last
Will and Testament; That the said Mary died leaving no
widower and the following named persons her only next of kin res=
idents of the State of Ohio:
Name Degree of Kinship P.O. Address.
Martha Breese Daughter Delphos
Henry L. Davies Grandson Do
Richard Thomas Grandson Alaska Vanment Co. O.
James Thomas Grandson Do
Mary Thomas Grand daughter Do.
William H. Davies Grandson Delphos Allen Co. O.
James R. Davies Son. Wichata Kansas
William P. Davies Son. Omaha Neb.
Edward Davies Grandson. Gerard. Kan.
Your petitioner prays that a time may be fixed for the proving of
said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
James R. Davies
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 560)
Description
[page 560]
[corresponds to page 494 of Delaware County Will Records Vol. 8 1887-1890]
494
Mary Davies Will
The foregoing application was signed in my presence and sworn to
before me, this 5th day of February A.D.1890.
Edward B. Rood
{Seal} Notary Public-
Commission expires April 27th 1890.
State of Kansas }
Sedgwick County.ss. } I, C.H. Luling, Clerk of the District
Court of the 18th Judicial District of the State
of Kansas, within and for said County of Sedgwick, the same being
a Court of Record, do hereby certify that Edward B. Rood whose
name is signed to the annexed application as Notary Public, was, at
the time of signing the same , an acting Notary Public, duly commis=
sioned and qualified as such for said County of Sedgwick, and author=
ized by the laws of Kanses to take the same; and that I am well
acquainted with his hand writing, and believe his signature thereto is
genuine; and that the same is in conformity with the laws of Kansas.
In Testimony Whereof, I have hereunto set my hand
and fixed the seal of said Court, at my office at Wichita Kan=
sas, this the 6th day of Feby. A.D.1890.
C.H. Luling. Clerk.
{Seal} By J.V. Kingle Deputy
Notice
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last Will and Testament
of Mary Davies, deceased.
To Martha Breese:~ You are hereby
notified that on the 14th day of February A.D.1890 an instrument
of writing, purporting to be the last Will and Testament of Mary
Davies late of Radnor Township, in said County - deceased_
was produced in said Court, and an application to admit the same
to probate was on the same day made in said Court. Said ap=
plication will be for hearing this Court on the 1 day of March.
A.D.1890. at 10 o'clock A.M.
Witness my hand and the seal of said Probate
Court, at Delaware. Ohio, this 14th day of February A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge ser=
vice of the within notice this 18th day of February A.D.1890.
Martha Breese.
[corresponds to page 494 of Delaware County Will Records Vol. 8 1887-1890]
494
Mary Davies Will
The foregoing application was signed in my presence and sworn to
before me, this 5th day of February A.D.1890.
Edward B. Rood
{Seal} Notary Public-
Commission expires April 27th 1890.
State of Kansas }
Sedgwick County.ss. } I, C.H. Luling, Clerk of the District
Court of the 18th Judicial District of the State
of Kansas, within and for said County of Sedgwick, the same being
a Court of Record, do hereby certify that Edward B. Rood whose
name is signed to the annexed application as Notary Public, was, at
the time of signing the same , an acting Notary Public, duly commis=
sioned and qualified as such for said County of Sedgwick, and author=
ized by the laws of Kanses to take the same; and that I am well
acquainted with his hand writing, and believe his signature thereto is
genuine; and that the same is in conformity with the laws of Kansas.
In Testimony Whereof, I have hereunto set my hand
and fixed the seal of said Court, at my office at Wichita Kan=
sas, this the 6th day of Feby. A.D.1890.
C.H. Luling. Clerk.
{Seal} By J.V. Kingle Deputy
Notice
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last Will and Testament
of Mary Davies, deceased.
To Martha Breese:~ You are hereby
notified that on the 14th day of February A.D.1890 an instrument
of writing, purporting to be the last Will and Testament of Mary
Davies late of Radnor Township, in said County - deceased_
was produced in said Court, and an application to admit the same
to probate was on the same day made in said Court. Said ap=
plication will be for hearing this Court on the 1 day of March.
A.D.1890. at 10 o'clock A.M.
Witness my hand and the seal of said Probate
Court, at Delaware. Ohio, this 14th day of February A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge ser=
vice of the within notice this 18th day of February A.D.1890.
Martha Breese.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 561)
Description
[page 561]
[corresponds to page 495 of Delaware County Will Records Vol. 8 1887-1890]
495
Mary Davies Will
Notice
The State of Ohio }
Delaware County }
In the Matter of the last Will and Testament
of Mary Davies deceased
To Henry L. Davies You are hereby
notified that on the 14th day of February A.D. 1890 an matter
ment of writing, purporting to be the last Will and Testament of
Mary Davies, late of Radnor Township, in said County, de=
ceased, was produced in said Court, and an application to admit
the same to probate was on the same day made in said Court.
Said application will be for hearing before the Court on the
1st day of March A.D. 1890. at 10 o'clock A.M.
Witness my hand and the seal of said
Probate Court, at Delaware, Ohio, this 14th day of February.
A.D.1890.
{Seal} N.F. Overturf
Probate Judge.
I the undersigned person within named hereby acknowledge ser=
vice of the within notice this 18th day of February A.D. 1890
Henry L. Davies.
Notice
The State of Ohio } In Probate Court
Delaware County.ss. }
In the matter of the last Will and Testament
of Mary Davies deceased-
To Richard Thomas:~ You are hereby
notified that on the 14th day of February. A.D.1890. an instru=
ment of writing, purporting to be the last Will and Testament
of Mary Davies late of Radnor Township, in said County de=
ceased. was produced in said Court, and an application to admit
the same to probate was on the same day made in said court,
Said application will be for hearing before this Court on the
1st day of March A.D. 1890, at 10 o'clock A.M.
Witness my hand and the seal of said Probate Court
at Delaware Ohio, this 14th day of February A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge service
of the within notice this 21st day of February A.D. 1890.
Richard Thomas.
By John Darnell.
[corresponds to page 495 of Delaware County Will Records Vol. 8 1887-1890]
495
Mary Davies Will
Notice
The State of Ohio }
Delaware County }
In the Matter of the last Will and Testament
of Mary Davies deceased
To Henry L. Davies You are hereby
notified that on the 14th day of February A.D. 1890 an matter
ment of writing, purporting to be the last Will and Testament of
Mary Davies, late of Radnor Township, in said County, de=
ceased, was produced in said Court, and an application to admit
the same to probate was on the same day made in said Court.
Said application will be for hearing before the Court on the
1st day of March A.D. 1890. at 10 o'clock A.M.
Witness my hand and the seal of said
Probate Court, at Delaware, Ohio, this 14th day of February.
A.D.1890.
{Seal} N.F. Overturf
Probate Judge.
I the undersigned person within named hereby acknowledge ser=
vice of the within notice this 18th day of February A.D. 1890
Henry L. Davies.
Notice
The State of Ohio } In Probate Court
Delaware County.ss. }
In the matter of the last Will and Testament
of Mary Davies deceased-
To Richard Thomas:~ You are hereby
notified that on the 14th day of February. A.D.1890. an instru=
ment of writing, purporting to be the last Will and Testament
of Mary Davies late of Radnor Township, in said County de=
ceased. was produced in said Court, and an application to admit
the same to probate was on the same day made in said court,
Said application will be for hearing before this Court on the
1st day of March A.D. 1890, at 10 o'clock A.M.
Witness my hand and the seal of said Probate Court
at Delaware Ohio, this 14th day of February A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge service
of the within notice this 21st day of February A.D. 1890.
Richard Thomas.
By John Darnell.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 562)
Description
[page 562]
[corresponds to page 496 of Delaware County Will Records Vol. 8 1887-1890]
496
Mary Davies Will
Notice
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and Testament
of Mary Davies, deceased.
To James Thomas: ~ You are hereby
notified that on the 14th day of February A.D. 1890. an instrument
of writing, purporting to be the last Will and Testament of Mary Da=
vies, late of Radnor Township, in said County-deceased- was pro=
duced in said Court, and an application to admit the same to
probate was on the same day made in said Court. Said appli=
cation will be for hearing before this Court on the 1st day of March.
A.D.1890. at 10 o'clock. A.M.,
Witness my hand and the seal of said Probate
Court, at Delaware Ohio, this 14 day of February.A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge ser=
vice of the within notice this 21st day of February A.D.1890.
James Thomas.
By John Darnell
his Atty.
Notice
The State of Ohio In Probate Court.
Delaware County ss
In the Matter of the last Will and Testament
of Mary Davies deceased.
To Mary Thomas:~ You are hereby notified
that on the 14th day of February A.D. 1890. an instrument of
writing, purporting to be the last Will and Testament of Mary Da=
vies late of Radnor Township, in said County -deceased, was pro=
duced in said Court, and an application to admit the same to
probate was on the same day made in said Court. Said
application will be for hearing before this Court on the 1st day of
March A.D. 1890. at 10 o'clock A.M.
Witness my hand and the seal of said Pro=
bate Court at Delaware. Ohio. this 14th day of February A.D. 1890
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge ser=
vice of the within notice this 21st day of February A.D. 1890.
Mary Thomas
By John Darnell.
[corresponds to page 496 of Delaware County Will Records Vol. 8 1887-1890]
496
Mary Davies Will
Notice
The State of Ohio } In Probate Court
Delaware County.ss. }
In the Matter of the last Will and Testament
of Mary Davies, deceased.
To James Thomas: ~ You are hereby
notified that on the 14th day of February A.D. 1890. an instrument
of writing, purporting to be the last Will and Testament of Mary Da=
vies, late of Radnor Township, in said County-deceased- was pro=
duced in said Court, and an application to admit the same to
probate was on the same day made in said Court. Said appli=
cation will be for hearing before this Court on the 1st day of March.
A.D.1890. at 10 o'clock. A.M.,
Witness my hand and the seal of said Probate
Court, at Delaware Ohio, this 14 day of February.A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge ser=
vice of the within notice this 21st day of February A.D.1890.
James Thomas.
By John Darnell
his Atty.
Notice
The State of Ohio In Probate Court.
Delaware County ss
In the Matter of the last Will and Testament
of Mary Davies deceased.
To Mary Thomas:~ You are hereby notified
that on the 14th day of February A.D. 1890. an instrument of
writing, purporting to be the last Will and Testament of Mary Da=
vies late of Radnor Township, in said County -deceased, was pro=
duced in said Court, and an application to admit the same to
probate was on the same day made in said Court. Said
application will be for hearing before this Court on the 1st day of
March A.D. 1890. at 10 o'clock A.M.
Witness my hand and the seal of said Pro=
bate Court at Delaware. Ohio. this 14th day of February A.D. 1890
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge ser=
vice of the within notice this 21st day of February A.D. 1890.
Mary Thomas
By John Darnell.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 563)
Description
[page 563]
[corresponds to page 497 of Delaware County Will Records Vol. 8 1887-1890]
497
Mary Davies Will
Notice
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Testament
of Mary Davies - deceased.
To William H. Davies:~ You are hereby
notified that on the 14th day of February A.D. 1890. an instru=
ment of writing, purporting to be the last Will and Testament of
Mary Davies, late of Radnor Township, in said County, de=
ceased, was produced in said Court, and an application to admit
the same to probate was on the same day made in said Court.
Said application will be for hearing before this Court on the
1st day of March A.D. 1890. at 10 o'clock A.M.
Witness my hand and the seal of said Probate
Court, at Delaware. Ohio . this 14th day of February A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge service
of the within notice this 18th day of February A.D. 1890.
William H. Davies.
Testimony of Wm Prichard & John A. Cone
Filed March 1
1890.
In Probate Court In the Matter of Proving the last Will and
Delaware County, Ohio. Testament of Mary Davies. deceased.
The State of Ohio
Delaware County.ss. Wm Prichard. being duly sworn and examined
as a witness in the above entitled matter,
say: I was present at the execution of the instrument now
shown to me, bearing date the 23rd day of December A.D. 1880.
and offered for probate as the last Will and Testament of Mary
Davies, late of Radnor Township. in said County of Delaware,
deceased, and saw the said Mary Davies, now deceased sign and seal
said instrument, and heard her acknowledge the same to be her
last Will and Testament; and I, thereupon, at her request, and
in her presence, subscribed my name to the same as a witness.
The said decedent, at the time of making, signing and sealing
said instrument, was of full age, and not under any restraint.
Wm Prichard
Sworn to and subscribed by said witness in open Court, this
1st day of March. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
[corresponds to page 497 of Delaware County Will Records Vol. 8 1887-1890]
497
Mary Davies Will
Notice
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last Will and Testament
of Mary Davies - deceased.
To William H. Davies:~ You are hereby
notified that on the 14th day of February A.D. 1890. an instru=
ment of writing, purporting to be the last Will and Testament of
Mary Davies, late of Radnor Township, in said County, de=
ceased, was produced in said Court, and an application to admit
the same to probate was on the same day made in said Court.
Said application will be for hearing before this Court on the
1st day of March A.D. 1890. at 10 o'clock A.M.
Witness my hand and the seal of said Probate
Court, at Delaware. Ohio . this 14th day of February A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
I, the undersigned person within named hereby acknowledge service
of the within notice this 18th day of February A.D. 1890.
William H. Davies.
Testimony of Wm Prichard & John A. Cone
Filed March 1
1890.
In Probate Court In the Matter of Proving the last Will and
Delaware County, Ohio. Testament of Mary Davies. deceased.
The State of Ohio
Delaware County.ss. Wm Prichard. being duly sworn and examined
as a witness in the above entitled matter,
say: I was present at the execution of the instrument now
shown to me, bearing date the 23rd day of December A.D. 1880.
and offered for probate as the last Will and Testament of Mary
Davies, late of Radnor Township. in said County of Delaware,
deceased, and saw the said Mary Davies, now deceased sign and seal
said instrument, and heard her acknowledge the same to be her
last Will and Testament; and I, thereupon, at her request, and
in her presence, subscribed my name to the same as a witness.
The said decedent, at the time of making, signing and sealing
said instrument, was of full age, and not under any restraint.
Wm Prichard
Sworn to and subscribed by said witness in open Court, this
1st day of March. A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 564)
Description
[page 564]
[corresponds to page 498 of Delaware County Will Records Vol. 8 1887-1890]
498
Mary Davies Will
The State of Ohio
Delaware County.ss. John A. Cone being duly sworn and exam=
ined as a witness in the above entitled matter,
says: I was present at the execution of the instrument now shown to
me, bearing date the 1st day of March A.D. 1880, and offered for pro=
bate as the last Will and Testament of Mary Davies, late of Rad=
nor Township, in said County of Delaware, deceased, and saw the
said Mary Davies, now deceased, sign and seal said instrument,
and heard her acknowledge the same to be her last Will and Testa=
ment; and I, thereupon, at her request, and in her presence, sub=
scribed my name to the same as a witness. The said decedent, at
the time of making, signing and sealing said instrument, was of full
age, of sound mind and memory, and not under any restraint.
Jno. A. Cone
Sworn to and subscribed by said witness in open Court, this 1st
day of March A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
March 1 1890.
In the Matter of the Will
of Mary Davies, deceased. Be it remembered, that heretofore, to=
wit: on the 14th day of February A.D.
1890, an instrument of writing, purporting to be the last Will
and Testament of Mary Davies, late of Radnor Township
in this County deceased, was produced in open Court for probate -
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this Court,
has been given to Martha Breese- Henry L. Davies - Richard
Thomas - James Thomas - Mary Thomas- William H.
Davies-next of kin of the Testatrix, resident of the State of
Ohio, pursuant to a former order of this Court, and thereupon
came Wm Prichard one of the subscribing witnesses to said
Will, who being duly sworn, testified to the fact that he was
present at the execution of the instrument now shown to him,
bearing date the 23rd day of December A.D. 1880. and offered
for probate as the last Will and Testament of Mary Davies late
of Radnor Township, in said Delaware County- deceased, and
saw the said Mary Davies, now deceased, sign and seal said
instrument, and heard her acknowledge the same to be her last
Will and Testament; and that he thereupon at her request, and
in her presence, subscribed his name to the same as a witness, and
that said decedent, at the time of making, signing and sealing said
instrument, was of full age, and not under any restraint, but said
William Prichard refused to testify that the said Mary Davies
was of sound mind and memory at the time of executing said Will.
Also at the same time came Jno. A. Cone the other
[corresponds to page 498 of Delaware County Will Records Vol. 8 1887-1890]
498
Mary Davies Will
The State of Ohio
Delaware County.ss. John A. Cone being duly sworn and exam=
ined as a witness in the above entitled matter,
says: I was present at the execution of the instrument now shown to
me, bearing date the 1st day of March A.D. 1880, and offered for pro=
bate as the last Will and Testament of Mary Davies, late of Rad=
nor Township, in said County of Delaware, deceased, and saw the
said Mary Davies, now deceased, sign and seal said instrument,
and heard her acknowledge the same to be her last Will and Testa=
ment; and I, thereupon, at her request, and in her presence, sub=
scribed my name to the same as a witness. The said decedent, at
the time of making, signing and sealing said instrument, was of full
age, of sound mind and memory, and not under any restraint.
Jno. A. Cone
Sworn to and subscribed by said witness in open Court, this 1st
day of March A.D.1890.
N.F. Overturf
{Seal} Probate Judge
Journal Entry.
March 1 1890.
In the Matter of the Will
of Mary Davies, deceased. Be it remembered, that heretofore, to=
wit: on the 14th day of February A.D.
1890, an instrument of writing, purporting to be the last Will
and Testament of Mary Davies, late of Radnor Township
in this County deceased, was produced in open Court for probate -
and was then filed. And, it now being shown to the satisfaction
of the Court, that due notice of the filing of said Will, and of the
application to admit the same to probate and record in this Court,
has been given to Martha Breese- Henry L. Davies - Richard
Thomas - James Thomas - Mary Thomas- William H.
Davies-next of kin of the Testatrix, resident of the State of
Ohio, pursuant to a former order of this Court, and thereupon
came Wm Prichard one of the subscribing witnesses to said
Will, who being duly sworn, testified to the fact that he was
present at the execution of the instrument now shown to him,
bearing date the 23rd day of December A.D. 1880. and offered
for probate as the last Will and Testament of Mary Davies late
of Radnor Township, in said Delaware County- deceased, and
saw the said Mary Davies, now deceased, sign and seal said
instrument, and heard her acknowledge the same to be her last
Will and Testament; and that he thereupon at her request, and
in her presence, subscribed his name to the same as a witness, and
that said decedent, at the time of making, signing and sealing said
instrument, was of full age, and not under any restraint, but said
William Prichard refused to testify that the said Mary Davies
was of sound mind and memory at the time of executing said Will.
Also at the same time came Jno. A. Cone the other
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 565)
Description
[page 565]
[corresponds to page 499 of Delaware County Will Records Vol. 8 1887-1890]
499
Mary Davies Will
subscribing witness to said Will, who being duly sworn testified
to the due execution and attestation of said instrument, and that the
said decedent, at the time of making, signing and sealing said
instrument, was of full age, of sound mind and memory and not
under any restraint, which testimony was filed.
Whereupon the Court now continues the further hearing of
said Instrument until Tuesday the 1st day of April A.D.
1890. at 10 o'clock A.M., that further testimony may be offered
concerning the proof of said Will, if so desired, by parties interest=
ed.
N.F. Overturf
Probate Judge.
Testimony of
Sarah Watkins ~ Mary A. Bunford & David W. Jones.
In Probate Court } Filed April 1 1890.
Delaware County.Ohio }
In the Matter of proving the }
last Will and Testament of }
Mary Davies. deceased. }
The State of Ohio }
Delaware County.ss } Personally appeared in open Court Sarah
Watkins - Mary A. Bunford & David W.
Jones who being duly sworn according to law to speak the truth,
the whole truth and nothing but the truth, and being examined as
witnesses in the above entitled matter, say: They were well and
intimately acquainted with Mary Davies, widow of Rev. James
Davies, both late of Radnor - Delaware County. Ohio.
That they have all read the Will of the said Mary Davies
now here offered for probate and record [two words crossed out], and from the
references to bequests, children, grandchildren and legacies, and
the witnesses to said Will, that the Testatrix in said Will,
Mary Davies, is the Mary Davies of whom they refer and with
whom they were well and intimately acquainted, at the date of said
Will, December 23rd 1880. and for at least ten years prior to
said date, that during said ten years they all resided within a
short distance from said Testatrix. Mary Davies and saw her fre=
quently, as often as once in a week, and held frequent social con=
versations with said Mary Davies, They say that they, by said
contact and intimately social relation knew as much of the mental
ability of Mary Davies, during said ten years as friends and
constant associates can know, or do usually know of each other.
And they, said affiants, say that at the date, December
23rd 1880, said Testatrix. Mary Davies was of sound mind and
memory and fully competent to transact business and dispose of
property. Affiants say they knew said mental soundness
[corresponds to page 499 of Delaware County Will Records Vol. 8 1887-1890]
499
Mary Davies Will
subscribing witness to said Will, who being duly sworn testified
to the due execution and attestation of said instrument, and that the
said decedent, at the time of making, signing and sealing said
instrument, was of full age, of sound mind and memory and not
under any restraint, which testimony was filed.
Whereupon the Court now continues the further hearing of
said Instrument until Tuesday the 1st day of April A.D.
1890. at 10 o'clock A.M., that further testimony may be offered
concerning the proof of said Will, if so desired, by parties interest=
ed.
N.F. Overturf
Probate Judge.
Testimony of
Sarah Watkins ~ Mary A. Bunford & David W. Jones.
In Probate Court } Filed April 1 1890.
Delaware County.Ohio }
In the Matter of proving the }
last Will and Testament of }
Mary Davies. deceased. }
The State of Ohio }
Delaware County.ss } Personally appeared in open Court Sarah
Watkins - Mary A. Bunford & David W.
Jones who being duly sworn according to law to speak the truth,
the whole truth and nothing but the truth, and being examined as
witnesses in the above entitled matter, say: They were well and
intimately acquainted with Mary Davies, widow of Rev. James
Davies, both late of Radnor - Delaware County. Ohio.
That they have all read the Will of the said Mary Davies
now here offered for probate and record [two words crossed out], and from the
references to bequests, children, grandchildren and legacies, and
the witnesses to said Will, that the Testatrix in said Will,
Mary Davies, is the Mary Davies of whom they refer and with
whom they were well and intimately acquainted, at the date of said
Will, December 23rd 1880. and for at least ten years prior to
said date, that during said ten years they all resided within a
short distance from said Testatrix. Mary Davies and saw her fre=
quently, as often as once in a week, and held frequent social con=
versations with said Mary Davies, They say that they, by said
contact and intimately social relation knew as much of the mental
ability of Mary Davies, during said ten years as friends and
constant associates can know, or do usually know of each other.
And they, said affiants, say that at the date, December
23rd 1880, said Testatrix. Mary Davies was of sound mind and
memory and fully competent to transact business and dispose of
property. Affiants say they knew said mental soundness
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 566)
Description
[page 566]
[corresponds to page 500 of Delaware County Will Records Vol. 8 1887-1890]
500
Mary Davies Will.
existed from the year 1881. back during their acquaintance with said
Mary Davies, as early as 1875
Sarah Watkins
Mary A Bunford
David W. Jones.
Sworn to before me and subscribed in my presence by the above
named Sarah Watkins - Mary A. Bunford and David W. Jones
this 1st day of April 1890.
N.F Overturf
{Seal} Probate Judge
Testimony of D. A.Evans
Filed April 1st 1890.
In Probate Court }
Delaware County. Ohio. } In the Matter of proving the last Will and
Testament of Mary Davies - deceased.
The State of Ohio }
Delaware County.ss } Personally appeared in open Court Rev. D.
A. Evans, who on affirmation according
to law, says he has resided in Radnor Delaware County. Ohio-
since July. 1879. to the present time, and had charge of Congre=
gational Church at that place_ and during that time until a=
bout 1881 or later; was well and very intimately acquainted with
Mary Davies, that she was a member of his congregation, and
widow of a former pastor of the same Church and congregation,
and by reason of said pastorate relation and frequent conversa=
tions, he is well qualified to know of the mental soundness of
said Mary Davies. Affiant says he has read the Will of
said Mary Davies and from the references to children and
grand-children therein, she is the person of whom he refers.
Affiant now says from his knowledge of said Mary Davies
as aforesaid, that on the 23rd day of December 1880 said Mary
Davies was of sound mind and memory and fully competent to
transact business and dispose of property and that said mental
ability existed during the period herein named, to-wit: from
July. 1879. until as late as 1881 - further Affiant saith
not.
D.A.Evans.
Solemnly affirmed to before me and subscribed in my pres=
ence this 1st day of April A.D.1890 by the above named
D.A.Evans.
N.F. Overturf
{Seal} Probate Judge.
[corresponds to page 500 of Delaware County Will Records Vol. 8 1887-1890]
500
Mary Davies Will.
existed from the year 1881. back during their acquaintance with said
Mary Davies, as early as 1875
Sarah Watkins
Mary A Bunford
David W. Jones.
Sworn to before me and subscribed in my presence by the above
named Sarah Watkins - Mary A. Bunford and David W. Jones
this 1st day of April 1890.
N.F Overturf
{Seal} Probate Judge
Testimony of D. A.Evans
Filed April 1st 1890.
In Probate Court }
Delaware County. Ohio. } In the Matter of proving the last Will and
Testament of Mary Davies - deceased.
The State of Ohio }
Delaware County.ss } Personally appeared in open Court Rev. D.
A. Evans, who on affirmation according
to law, says he has resided in Radnor Delaware County. Ohio-
since July. 1879. to the present time, and had charge of Congre=
gational Church at that place_ and during that time until a=
bout 1881 or later; was well and very intimately acquainted with
Mary Davies, that she was a member of his congregation, and
widow of a former pastor of the same Church and congregation,
and by reason of said pastorate relation and frequent conversa=
tions, he is well qualified to know of the mental soundness of
said Mary Davies. Affiant says he has read the Will of
said Mary Davies and from the references to children and
grand-children therein, she is the person of whom he refers.
Affiant now says from his knowledge of said Mary Davies
as aforesaid, that on the 23rd day of December 1880 said Mary
Davies was of sound mind and memory and fully competent to
transact business and dispose of property and that said mental
ability existed during the period herein named, to-wit: from
July. 1879. until as late as 1881 - further Affiant saith
not.
D.A.Evans.
Solemnly affirmed to before me and subscribed in my pres=
ence this 1st day of April A.D.1890 by the above named
D.A.Evans.
N.F. Overturf
{Seal} Probate Judge.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 567)
Description
[page 567]
[corresponds to page 501 of Delaware County Will Records Vol. 8 1887-1890]
501
Mary Davies Will
Journal Entry
April.1 1890. }
In the Matter of the Will }
of Mary Davies - deceased } The hearing of the instrument purporting
to be the last Will and Testament of
Mary Davies, late of Radnor Township, in this County deceased.
having been continued to this date ~ Thereupon came Martha
Breese, one of the next of kin of said Testatrix and submitted for
witnesses in this matter Sarah Watkins - Mary A. Bunford -
David W. Jones. and D.A.Evans , who were duly sworn ac=
cording to law and examined touching the soundness of mind and
memory of said Mary Davies, deceased, at the time of executing
said instrument purporting to be her last Will and Testament,
which testimony was reduced to writing, by them respectively
subscribed and filed with said Will. Whereupon the Court
finds from the evidence of said Sarah Watkins - Mary A.
Bunford - David W. Jones and D.A.Evans ~ and the evidence
of Wm Prichard and Jno. A. Cone heretofore taken on the 1st day
of March A.D. 1890. that the aforesaid instrument of writing is
the last Will and Testament of said Mary Davies, deceased.
That the same was duly executed and attested; and that the said
Testatrix, at the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under any restraint.
It is therefore by the court ordered, that the said Will be ad=
mitted to probate, and that the same, together with the testimony of
the witnesses above named, as well as the proceedings had thereon be
entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, Amen. I
Mary Davies, of Radnor, in the County of Delaware and State
of Ohio, being of sound and disposing mind and memory, do make and
publish the following as my last Will and Testament.
Item 1 I will and bequeath to my Grand -daughter Emma Breese - One
Hundred Dollars, to be paid to her by my Executor hereinafter
named, within five years after my decease, or as soon after my de=
cease as my said Executor may think best for her interest, pro=
vided however, that the same shall be paid within said period of
Five years after my decease: and also, I will, give and bequeath
to my said Grand-daughter Emma Breese, one half of my
Household Furniture, including Beds Bedding and Carpets.
Item 2 I give devise and bequeath to my daughter Martha my
Graphic Stove, and also, one half of my Household Furniture,
including Beds, Bedding and Carpets with the further direct=
ion that at the decease of my said daughter Martha, said Graphic
[corresponds to page 501 of Delaware County Will Records Vol. 8 1887-1890]
501
Mary Davies Will
Journal Entry
April.1 1890. }
In the Matter of the Will }
of Mary Davies - deceased } The hearing of the instrument purporting
to be the last Will and Testament of
Mary Davies, late of Radnor Township, in this County deceased.
having been continued to this date ~ Thereupon came Martha
Breese, one of the next of kin of said Testatrix and submitted for
witnesses in this matter Sarah Watkins - Mary A. Bunford -
David W. Jones. and D.A.Evans , who were duly sworn ac=
cording to law and examined touching the soundness of mind and
memory of said Mary Davies, deceased, at the time of executing
said instrument purporting to be her last Will and Testament,
which testimony was reduced to writing, by them respectively
subscribed and filed with said Will. Whereupon the Court
finds from the evidence of said Sarah Watkins - Mary A.
Bunford - David W. Jones and D.A.Evans ~ and the evidence
of Wm Prichard and Jno. A. Cone heretofore taken on the 1st day
of March A.D. 1890. that the aforesaid instrument of writing is
the last Will and Testament of said Mary Davies, deceased.
That the same was duly executed and attested; and that the said
Testatrix, at the time of making, signing and sealing said Will, was
of full age, of sound mind and memory, and not under any restraint.
It is therefore by the court ordered, that the said Will be ad=
mitted to probate, and that the same, together with the testimony of
the witnesses above named, as well as the proceedings had thereon be
entered of record in this Court.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of the Benevolent Father of All, Amen. I
Mary Davies, of Radnor, in the County of Delaware and State
of Ohio, being of sound and disposing mind and memory, do make and
publish the following as my last Will and Testament.
Item 1 I will and bequeath to my Grand -daughter Emma Breese - One
Hundred Dollars, to be paid to her by my Executor hereinafter
named, within five years after my decease, or as soon after my de=
cease as my said Executor may think best for her interest, pro=
vided however, that the same shall be paid within said period of
Five years after my decease: and also, I will, give and bequeath
to my said Grand-daughter Emma Breese, one half of my
Household Furniture, including Beds Bedding and Carpets.
Item 2 I give devise and bequeath to my daughter Martha my
Graphic Stove, and also, one half of my Household Furniture,
including Beds, Bedding and Carpets with the further direct=
ion that at the decease of my said daughter Martha, said Graphic
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 568)
Description
[page 568]
[corresponds to page 502 of Delaware County Will Records Vol. 8 1887-1890]
502
Mary Davies Will
Stove" shall become the property of her daughter Emma:
Item 3rd I give and bequeath to my Grand son Henry L. Davies One Hun=
dred Dollars, to be paid him by my said Executor, at his discretion,
within Five years after my decease.
Item 4th I give and bequeath to each of the two sons of my son Benjamin
Twenty Dollars, to be paid them by my said Executor when they
shall become of age, in case they shall not have become of age at
my decease.
Item 5th I give and bequeath to each one of the children of my daughter Sa=
rah, one Dollar.
Item 6th I give and bequeath to my two sons James R. and William P.
and to my daughter Martha, all my Books to be equally divided
between them.
Item 7th I give, devise and bequeath all the remainder of my
property after
paying the aforenamed legacies and bequests, and also my funeral
expenses and costs of administration etc., which I may have at
the time of my decease both personal and real, to my sons James
R. & William P. and to my daughter Martha, and to my two Grand-
sons, the sons of my son Benjamin, to be divided among them in
the following manner, to-wit: to my son James One fourth part:
to my son William one fourth part: to my daughter Martha
one fourth part: and to the said two sons of my son Benjamin one
fourth part to be equally divided between them. said portion of my
said two grand sons to be held in trust for them by my said Execu=
tor until they shall become of age, in case they are not of age at my
decease.
Item 8 I hereby appoint and constitute my son James R. Davies.
Executor
of this my last Will and Testament, and I hereby direct that he be
authorized to act as such, and to carry out the provisions of this my
said Will without giving Bond as Executor, and I also direct that
there be no appraisement of sale of any part of my estate by order of
any Court, but I hereby authorize and empower my said Executor, at
any time after my decease, to sell, at public or private sale, as he may
deem best, for the interest of the parties concerned, any and all, of the Real
Estate which I may own at the time of my decease, and also any per=
sonal property which I may have at my decease, and which shall
not have been specifically bequeathed.
Signed sealed and published. as my last Will and Testament, this
23rd day of December A.D. 1880.
Mary Davies. {Seal}
Signed by the said Mary Davies in our presence, and by her ac=
knowledged as her last will and testament in our presence and hearing
and signed by us as witnesses thereto, at her request, and in her
presence and in the presence of each other, on the date above written.
Wm Prichard
Jno. A. Cone.
[corresponds to page 502 of Delaware County Will Records Vol. 8 1887-1890]
502
Mary Davies Will
Stove" shall become the property of her daughter Emma:
Item 3rd I give and bequeath to my Grand son Henry L. Davies One Hun=
dred Dollars, to be paid him by my said Executor, at his discretion,
within Five years after my decease.
Item 4th I give and bequeath to each of the two sons of my son Benjamin
Twenty Dollars, to be paid them by my said Executor when they
shall become of age, in case they shall not have become of age at
my decease.
Item 5th I give and bequeath to each one of the children of my daughter Sa=
rah, one Dollar.
Item 6th I give and bequeath to my two sons James R. and William P.
and to my daughter Martha, all my Books to be equally divided
between them.
Item 7th I give, devise and bequeath all the remainder of my
property after
paying the aforenamed legacies and bequests, and also my funeral
expenses and costs of administration etc., which I may have at
the time of my decease both personal and real, to my sons James
R. & William P. and to my daughter Martha, and to my two Grand-
sons, the sons of my son Benjamin, to be divided among them in
the following manner, to-wit: to my son James One fourth part:
to my son William one fourth part: to my daughter Martha
one fourth part: and to the said two sons of my son Benjamin one
fourth part to be equally divided between them. said portion of my
said two grand sons to be held in trust for them by my said Execu=
tor until they shall become of age, in case they are not of age at my
decease.
Item 8 I hereby appoint and constitute my son James R. Davies.
Executor
of this my last Will and Testament, and I hereby direct that he be
authorized to act as such, and to carry out the provisions of this my
said Will without giving Bond as Executor, and I also direct that
there be no appraisement of sale of any part of my estate by order of
any Court, but I hereby authorize and empower my said Executor, at
any time after my decease, to sell, at public or private sale, as he may
deem best, for the interest of the parties concerned, any and all, of the Real
Estate which I may own at the time of my decease, and also any per=
sonal property which I may have at my decease, and which shall
not have been specifically bequeathed.
Signed sealed and published. as my last Will and Testament, this
23rd day of December A.D. 1880.
Mary Davies. {Seal}
Signed by the said Mary Davies in our presence, and by her ac=
knowledged as her last will and testament in our presence and hearing
and signed by us as witnesses thereto, at her request, and in her
presence and in the presence of each other, on the date above written.
Wm Prichard
Jno. A. Cone.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 569)
Description
[page 569]
[corresponds to page 503 of Delaware County Will Records Vol. 8 1887-1890]
503
Harvey Gillet's Will
Journal Entry
April 15rh 1890.
In the Matter of the Will of }
Harvey Gillet -deceased- } This day. an instrument of writing.pur=
porting to be the last Will and Testament
of Harvey Gillet, late of Marlborough Township. in this County. de=
ceased, was produced in open Court for Probate: On Consideration
Whereof it is ordered that the said Will be filed in this Court.
And thereupon came Elizabeth Gillet and Harles O. Gillet -next
of kin of the Testator, and in writing waived Notice and consented to
the probate of said Will. Whereupon it is ordered that Notice
be given to Clinnie Brown and Nellie Crown, the other only next
of kin of said Testator, resident of the State of Ohio; and it appear=
ing to the Court that said Clinnie Brown and Nellie Brown
are minors under fourteen years of age, it is also ordered that Notice
be given to the father of said minors with whom they reside, that
said Instrument has been filed in this Court- and that said
application to admit the same to probate. and record will be heard
in said Court on the 26th day of April A.D. 1890 at 11 o'clock
A.M.
N.F. Overturf
Probate Judge
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last }
Will and Testament of } Application to Admit to Probate
Harvey Gillet -deceased. }
To the Hon. N.F.Overturf Judge
of the Probate Court in and for said County:
Your petitioner respectfully represents
that Harvey Gillet late a resident of the Township of Marl=
borrow in said County. died on or about the 6th day of April
A.D 1890 leaving an instrument in writing, hereto attached,
purporting to be his last Will and Testament; That the said
Harvey Gillet died leaving Elizabeth Gillet, widow and the
following named persons his only next of kin resident of the State
of Ohio,
Name Age of Minors Degree of Kinship P.O. Address.
Allen V. Gillet Son Norton O.
Edson B. Gillet Son " O
Harles O. Gillet Son " O
Albert N. Gillet Son Ashley O
Clinnie Brown 12 Grand daughter Hixville Ohio
Nellie Brown 1 Grand daughter " "
[corresponds to page 503 of Delaware County Will Records Vol. 8 1887-1890]
503
Harvey Gillet's Will
Journal Entry
April 15rh 1890.
In the Matter of the Will of }
Harvey Gillet -deceased- } This day. an instrument of writing.pur=
porting to be the last Will and Testament
of Harvey Gillet, late of Marlborough Township. in this County. de=
ceased, was produced in open Court for Probate: On Consideration
Whereof it is ordered that the said Will be filed in this Court.
And thereupon came Elizabeth Gillet and Harles O. Gillet -next
of kin of the Testator, and in writing waived Notice and consented to
the probate of said Will. Whereupon it is ordered that Notice
be given to Clinnie Brown and Nellie Crown, the other only next
of kin of said Testator, resident of the State of Ohio; and it appear=
ing to the Court that said Clinnie Brown and Nellie Brown
are minors under fourteen years of age, it is also ordered that Notice
be given to the father of said minors with whom they reside, that
said Instrument has been filed in this Court- and that said
application to admit the same to probate. and record will be heard
in said Court on the 26th day of April A.D. 1890 at 11 o'clock
A.M.
N.F. Overturf
Probate Judge
Application for Probate of Will
The State of Ohio } In Probate Court.
Delaware County.ss. }
In the Matter of the last }
Will and Testament of } Application to Admit to Probate
Harvey Gillet -deceased. }
To the Hon. N.F.Overturf Judge
of the Probate Court in and for said County:
Your petitioner respectfully represents
that Harvey Gillet late a resident of the Township of Marl=
borrow in said County. died on or about the 6th day of April
A.D 1890 leaving an instrument in writing, hereto attached,
purporting to be his last Will and Testament; That the said
Harvey Gillet died leaving Elizabeth Gillet, widow and the
following named persons his only next of kin resident of the State
of Ohio,
Name Age of Minors Degree of Kinship P.O. Address.
Allen V. Gillet Son Norton O.
Edson B. Gillet Son " O
Harles O. Gillet Son " O
Albert N. Gillet Son Ashley O
Clinnie Brown 12 Grand daughter Hixville Ohio
Nellie Brown 1 Grand daughter " "
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 570)
Description
[page 570]
[corresponds to page 504 of Delaware County Will Records Vol. 8 1887-1890]
504
Harvey Gillet's Will
Raymond Smith } Grand Son
Maud Smith } Grand daughter Lansoure. Minn.
Edson Smith } Grand Son
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Elizabeth Gillet
The foregoing application was signed in my presence and sworn to
before me, this 15th day of April A.D. 1890
N.F. Overturf
{Seal} Probate Judge.
Waiver
We, the undersigned next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 15th day of April A.D. 1890.
Elizabeth Gillet
Albert N. Gillet
Allen V. Gillet
Edson B. Gillet
Harles O. Gillet
Notice to Heirs
Ret'd & Filed Apr 22 1890
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last Will and Tes=
tament of Harvey Gillet _ deceased.
To Clinnie Brown- and Nellie Brown
and also to Parker E. Brown their father with whom they reside.
You are hereby notified that on the 15 day of April.A.
D.1890.an instrument of writing, purporting to be the last Will
and Testament of Harvey Gillet, late of Marlborough Town=
ship. in said County, deceased, was produced in open Court .and
an application to admit the same to probate was on the same day
made in said Court. Said application will be for hearing be=
fore this Court on the 26 day of April. A.D.1890 at 11 o'clock
A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio. this 15th day of April A.D. 1890.
I the undersigned person within named hereby acknowledge
service of the within notice this 19th day of April A.D. 1890.
Parker E. Brown.
[corresponds to page 504 of Delaware County Will Records Vol. 8 1887-1890]
504
Harvey Gillet's Will
Raymond Smith } Grand Son
Maud Smith } Grand daughter Lansoure. Minn.
Edson Smith } Grand Son
Your petitioner prays that a time may be fixed for the proving
of said Will, and that said above named persons may be notified
according to law of the pending of said proceedings.
Elizabeth Gillet
The foregoing application was signed in my presence and sworn to
before me, this 15th day of April A.D. 1890
N.F. Overturf
{Seal} Probate Judge.
Waiver
We, the undersigned next of kin of the within named decedent,
hereby waive further notice, and consent to the probate of said
Will.
Dated this 15th day of April A.D. 1890.
Elizabeth Gillet
Albert N. Gillet
Allen V. Gillet
Edson B. Gillet
Harles O. Gillet
Notice to Heirs
Ret'd & Filed Apr 22 1890
The State of Ohio In Probate Court.
Delaware County.ss
In the Matter of the last Will and Tes=
tament of Harvey Gillet _ deceased.
To Clinnie Brown- and Nellie Brown
and also to Parker E. Brown their father with whom they reside.
You are hereby notified that on the 15 day of April.A.
D.1890.an instrument of writing, purporting to be the last Will
and Testament of Harvey Gillet, late of Marlborough Town=
ship. in said County, deceased, was produced in open Court .and
an application to admit the same to probate was on the same day
made in said Court. Said application will be for hearing be=
fore this Court on the 26 day of April. A.D.1890 at 11 o'clock
A.M.
N.F. Overturf
{Seal} Probate Judge
Dated at Delaware Ohio. this 15th day of April A.D. 1890.
I the undersigned person within named hereby acknowledge
service of the within notice this 19th day of April A.D. 1890.
Parker E. Brown.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 571)
Description
[page 571]
[corresponds to page 505 of Delaware County Will Records Vol. 8 1887-1890]
505
Harvey Gillet's Will
Testimony of Witnesses
In Probate Court } In the Matter of Proving the last Will
Delaware County, Ohio. } and Testament of Harvey Gillet. Deceased.
The State of Ohio }
Delaware County ss. } James E. Clark being duly sworn and
examined as a witness in the above entitled
matter, says: I was present at the execution of the instrument
now shown to me, bearing date the 6th day of February A.D.
1890, and offered for probate as the last Will and Testament of Har=
vey Gillet , late of Marlborough Township, in said County of Dela=
ware, deceased, and saw the said Harvey Gillet, now deceased sign
and seal said instrument, and heard him acknowledge the same to
be his last Will and Testament, and I, thereupon, at his request,
and in his presence, subscribed my name to the same as a witness,
The said decedent, at the time of making, signing and sealing
said instrument, was of full age, of sound mind and memory, and
not under any restraint.
James E. Clark
Sworn to and subscribed by said witness in open Court, this
26th day of April A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
The State of Ohio }
Delaware County ss. } Elias Cole, being duly sworn and
examined as a witness in the above
entitled matter, says; I was present at the execution of the
instrument now shown to me, bearing date the 6th day of Feb=
ruary A.D. 1890. and offered for probate as the last Will and
Testament of Harvey Gillet, late of Marlborough Township.
in said County of Delaware, deceased, and saw the said Harvey
Gillet, now deceased, sign and seal said instrument, and heard
him acknowledge the same to be his last Will and Testament
and I, thereupon, at his request, and in his presence, subscribed
my name to the same as a witness. The said decedent, at the
time of making, signing and sealing said instrument, was of full
age, of sound mind and memory and not under any restraint.
Elias Cole.
Sworn to and subscribed by said witness in open Court, this
26th day of April A.D. 1890.
N.F.Overturf
{Seal} Probate Judge
[corresponds to page 505 of Delaware County Will Records Vol. 8 1887-1890]
505
Harvey Gillet's Will
Testimony of Witnesses
In Probate Court } In the Matter of Proving the last Will
Delaware County, Ohio. } and Testament of Harvey Gillet. Deceased.
The State of Ohio }
Delaware County ss. } James E. Clark being duly sworn and
examined as a witness in the above entitled
matter, says: I was present at the execution of the instrument
now shown to me, bearing date the 6th day of February A.D.
1890, and offered for probate as the last Will and Testament of Har=
vey Gillet , late of Marlborough Township, in said County of Dela=
ware, deceased, and saw the said Harvey Gillet, now deceased sign
and seal said instrument, and heard him acknowledge the same to
be his last Will and Testament, and I, thereupon, at his request,
and in his presence, subscribed my name to the same as a witness,
The said decedent, at the time of making, signing and sealing
said instrument, was of full age, of sound mind and memory, and
not under any restraint.
James E. Clark
Sworn to and subscribed by said witness in open Court, this
26th day of April A.D. 1890.
N.F. Overturf
{Seal} Probate Judge
The State of Ohio }
Delaware County ss. } Elias Cole, being duly sworn and
examined as a witness in the above
entitled matter, says; I was present at the execution of the
instrument now shown to me, bearing date the 6th day of Feb=
ruary A.D. 1890. and offered for probate as the last Will and
Testament of Harvey Gillet, late of Marlborough Township.
in said County of Delaware, deceased, and saw the said Harvey
Gillet, now deceased, sign and seal said instrument, and heard
him acknowledge the same to be his last Will and Testament
and I, thereupon, at his request, and in his presence, subscribed
my name to the same as a witness. The said decedent, at the
time of making, signing and sealing said instrument, was of full
age, of sound mind and memory and not under any restraint.
Elias Cole.
Sworn to and subscribed by said witness in open Court, this
26th day of April A.D. 1890.
N.F.Overturf
{Seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 572)
Description
[page 572]
[corresponds to page 506 of Delaware County Will Records Vol. 8 1887-1890]
506
Harvey Gillet's Will
Journal Entry
April 26 1890.
In the Matter of the Will }
of Harvey Gillet - deceased } Be it remembered, that heretofore,
to-wit:
on the 15th day of April A.D. 1890, an
instrument of writing, purporting to be the last will and Testament of
Harvey Gillet, late of Marlborough Township, in this County, deceased,
was produced in open Court for probate, and was then filed. And,
it now being shown to the satisfaction of the Court, that due notice of
the filing of said Will, and of the application to admit the same to
probate and record in this Court, has been given to Clinnie Brown and
Nellie Brown next of kin of the Testator, resident of the State of
Ohio, pursuant to a former order of this Court. (The widow and other
next of kin of said Testator having waived Notice) and thereupon
on this day came James E. Clark and Elias Cole the sub=
scribing witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will. ~ Which testimony was
reduced to writing, by them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said Harvey Gillet,
deceased. That the same was duly executed and attested, and that
the said Testator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court ordered, that the said
testimony of the witnesses above named, as well of the proceedings
had thereon, be entered of record in this Court.
Citation ordered and issued to Elizabeth Gillet, widow of said
decedent to elect as to said Will, as required by law. And
thereupon came the said widow and acknowledged service of the said
Citation.
N.F. Overturf
Probate Judge
Copy of Will
In the name of the Benevolent Father of All:
I Harvey Gillet of Delaware County and State of
Ohio do make and publish this my last Will and Testament.
Item 1 I give and devise to my beloved wife an undivided life interest
in our homestead. Situated in Delaware and Marion Counties,
containing in all about Five hundred and fifty (550) acres of
land, during her natural life and all the Stock, household goods,
furniture, provisions, and other goods and chattels, which may be
thereon at the time of my decease, during her natural life as afore=
said. She however selling so much thereof as may be sufficient
to pay all my just debts.)
At the death of my said wife the real estate aforesaid I give and
[corresponds to page 506 of Delaware County Will Records Vol. 8 1887-1890]
506
Harvey Gillet's Will
Journal Entry
April 26 1890.
In the Matter of the Will }
of Harvey Gillet - deceased } Be it remembered, that heretofore,
to-wit:
on the 15th day of April A.D. 1890, an
instrument of writing, purporting to be the last will and Testament of
Harvey Gillet, late of Marlborough Township, in this County, deceased,
was produced in open Court for probate, and was then filed. And,
it now being shown to the satisfaction of the Court, that due notice of
the filing of said Will, and of the application to admit the same to
probate and record in this Court, has been given to Clinnie Brown and
Nellie Brown next of kin of the Testator, resident of the State of
Ohio, pursuant to a former order of this Court. (The widow and other
next of kin of said Testator having waived Notice) and thereupon
on this day came James E. Clark and Elias Cole the sub=
scribing witnesses to said Will, who being duly sworn, testified to the
due execution and attestation of said Will. ~ Which testimony was
reduced to writing, by them respectively subscribed, and filed with said
Will, whereupon the Court finds that the aforesaid instrument of
writing is the last Will and Testament of said Harvey Gillet,
deceased. That the same was duly executed and attested, and that
the said Testator, at the time of making, signing and sealing said
Will, was of full age, of sound mind and memory, and not under any
restraint. It is, therefore, by the Court ordered, that the said
testimony of the witnesses above named, as well of the proceedings
had thereon, be entered of record in this Court.
Citation ordered and issued to Elizabeth Gillet, widow of said
decedent to elect as to said Will, as required by law. And
thereupon came the said widow and acknowledged service of the said
Citation.
N.F. Overturf
Probate Judge
Copy of Will
In the name of the Benevolent Father of All:
I Harvey Gillet of Delaware County and State of
Ohio do make and publish this my last Will and Testament.
Item 1 I give and devise to my beloved wife an undivided life interest
in our homestead. Situated in Delaware and Marion Counties,
containing in all about Five hundred and fifty (550) acres of
land, during her natural life and all the Stock, household goods,
furniture, provisions, and other goods and chattels, which may be
thereon at the time of my decease, during her natural life as afore=
said. She however selling so much thereof as may be sufficient
to pay all my just debts.)
At the death of my said wife the real estate aforesaid I give and
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 573)
Description
[page 573]
[corresponds to page 507 of Delaware County Will Records Vol. 8 1887-1890]
507
Harvey Gillet's Will
devise equally to my sons. Allen V. Gillett- Edson B. Gillett
and Harles O. Gillett and their heirs (my son Albert N. Gillett
having previously been paid the amount of his inheritance)
Item 2 I devise and bequeath to my daughter Allice L. Brown, Four
Hundred ($400.00) Dollars, or in case of the death of said Allice
L. Brown, before the receipt of this bequeathment then Two
Hundred ($200.00) Dollars to be paid each of her heirs as here=
after provided.
Item 3 I devise and bequeath to the surviving heirs of my daughter
Samantha E. Smith the sum of One hundred $100.00) each.
Said above bequeathment to be paid equally by my four Sons
above named on the following terms: one third of said bequeath=
ment to be paid on coming into possession of the bequest and one
third in one year thereafter and the remainder in two years, with
interest on defered payments.
Item 4. I further devise that on the division of said read estate that my
son Harles O. Gillett become possessor of the division on
which the family residence stands.
Item 5. I desire that no appraisement and no sale of my personal prop=
erty be made and that the court of Probate direct the omission
of same in pursuance of the Statute.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this 6th day of February in the year of our Lord A.D.1890.
Harvey Gillet. {Seal}
Signed and acknowledged by said Harvey Gillet as his last
Will and Testament in our presence and signed by us in
his presence.
James E Clark
Elias Cole.
[corresponds to page 507 of Delaware County Will Records Vol. 8 1887-1890]
507
Harvey Gillet's Will
devise equally to my sons. Allen V. Gillett- Edson B. Gillett
and Harles O. Gillett and their heirs (my son Albert N. Gillett
having previously been paid the amount of his inheritance)
Item 2 I devise and bequeath to my daughter Allice L. Brown, Four
Hundred ($400.00) Dollars, or in case of the death of said Allice
L. Brown, before the receipt of this bequeathment then Two
Hundred ($200.00) Dollars to be paid each of her heirs as here=
after provided.
Item 3 I devise and bequeath to the surviving heirs of my daughter
Samantha E. Smith the sum of One hundred $100.00) each.
Said above bequeathment to be paid equally by my four Sons
above named on the following terms: one third of said bequeath=
ment to be paid on coming into possession of the bequest and one
third in one year thereafter and the remainder in two years, with
interest on defered payments.
Item 4. I further devise that on the division of said read estate that my
son Harles O. Gillett become possessor of the division on
which the family residence stands.
Item 5. I desire that no appraisement and no sale of my personal prop=
erty be made and that the court of Probate direct the omission
of same in pursuance of the Statute.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this 6th day of February in the year of our Lord A.D.1890.
Harvey Gillet. {Seal}
Signed and acknowledged by said Harvey Gillet as his last
Will and Testament in our presence and signed by us in
his presence.
James E Clark
Elias Cole.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 574)
Description
[page 574]
[corresponds to page 508 of Delaware County Will Records Vol. 8 1887-1890]
508
Lynde Catlin's Will
4 6 9 8 Journal Entry
April 29th 1890.
In the Matter of the Authenticated }
Copy of the last Will and Testament }
of Lynde Catlin -deceased. ~ } An authenticated Copy of the last
Will and Testament of Lynde Catlin,
deceased, late of New York City. New York. was this day presented to
this Court for record; whereupon the Court being satisfied on examina=
tion that said Will was duly executed and proved according to the laws of
the State of New York, and part of the property by said Will devised
being situated in this County, said Copy is hereby admitted to record
in this Court, according to law.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of God, Amen:~ I, Lynde Catlin of the City and
State of New York Gentlemen, at present feeble in health but of
sound and disposing mind and memory, wishing to make such distribu=
tion of my estate after my decease as seems to me most equitable
among my beloved wife and children, do make this my last Will and
Testament as follows: I hereby give and devise to my beloved wife
Helen M. Catlin my lot of land & dwelling house thereon in Cham=
bers Street, in which I now reside known and distinguised by Number
53 in said Chambers Street, and also the lot and dwelling house in the
rear thereof fronting on Reed Street and known and distinguished by
Number 31 in said Reed Street to have and to hold the said two lots &
dwelling houses to my said beloved wife Helen M. Catlin and her heirs
forever. I hereby give and bequeath unto my beloved wife Helen M. Cat=
lin the whole of my household furniture, Plate, Pictures, Wearing Ap=
parel, Family Stores including Wines and all Liquors provided for fam=
ily use. I also give and bequeath unto my beloved wife Helen M.
Catlin the rents and profits of my new five story fire-proof store
known and distinguished as Number 40 in Cedar Street (after
paying the taxed, insurance & repairs thereon) during her natural
life and also the use and occupancy during her natural life of my
dwelling house at State Island together with the Land as at pres=
ent enclosed on which the same stands, she paying therefor such
reasonable rent as shall be agreed upon by a majority of my execu=
tors. And I hereby declare the aforesaid devisees and bequests to my
beloved wife Helen M. Catlin to be in lieu and full satisfaction of
all claims of Dower out of my estate.
All the rest and residue of my estate Real and Personal after payment
of debts if any and funeral expenses I direct to be divided into seven e=
qual shares whereof I give and devise one seventh part to my eldest
son John Mortimer Catlin, (to whom I have already advanced in mon=
ey a sum equal to the difference between his portion under this my
Will and that of his Brothers) and to each of my other sons
Charles T Catlin and George Catlin respectively I give and devise
[corresponds to page 508 of Delaware County Will Records Vol. 8 1887-1890]
508
Lynde Catlin's Will
4 6 9 8 Journal Entry
April 29th 1890.
In the Matter of the Authenticated }
Copy of the last Will and Testament }
of Lynde Catlin -deceased. ~ } An authenticated Copy of the last
Will and Testament of Lynde Catlin,
deceased, late of New York City. New York. was this day presented to
this Court for record; whereupon the Court being satisfied on examina=
tion that said Will was duly executed and proved according to the laws of
the State of New York, and part of the property by said Will devised
being situated in this County, said Copy is hereby admitted to record
in this Court, according to law.
N.F. Overturf
Probate Judge.
Copy of Will
In the name of God, Amen:~ I, Lynde Catlin of the City and
State of New York Gentlemen, at present feeble in health but of
sound and disposing mind and memory, wishing to make such distribu=
tion of my estate after my decease as seems to me most equitable
among my beloved wife and children, do make this my last Will and
Testament as follows: I hereby give and devise to my beloved wife
Helen M. Catlin my lot of land & dwelling house thereon in Cham=
bers Street, in which I now reside known and distinguised by Number
53 in said Chambers Street, and also the lot and dwelling house in the
rear thereof fronting on Reed Street and known and distinguished by
Number 31 in said Reed Street to have and to hold the said two lots &
dwelling houses to my said beloved wife Helen M. Catlin and her heirs
forever. I hereby give and bequeath unto my beloved wife Helen M. Cat=
lin the whole of my household furniture, Plate, Pictures, Wearing Ap=
parel, Family Stores including Wines and all Liquors provided for fam=
ily use. I also give and bequeath unto my beloved wife Helen M.
Catlin the rents and profits of my new five story fire-proof store
known and distinguished as Number 40 in Cedar Street (after
paying the taxed, insurance & repairs thereon) during her natural
life and also the use and occupancy during her natural life of my
dwelling house at State Island together with the Land as at pres=
ent enclosed on which the same stands, she paying therefor such
reasonable rent as shall be agreed upon by a majority of my execu=
tors. And I hereby declare the aforesaid devisees and bequests to my
beloved wife Helen M. Catlin to be in lieu and full satisfaction of
all claims of Dower out of my estate.
All the rest and residue of my estate Real and Personal after payment
of debts if any and funeral expenses I direct to be divided into seven e=
qual shares whereof I give and devise one seventh part to my eldest
son John Mortimer Catlin, (to whom I have already advanced in mon=
ey a sum equal to the difference between his portion under this my
Will and that of his Brothers) and to each of my other sons
Charles T Catlin and George Catlin respectively I give and devise
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 575)
Description
[page 575]
[corresponds to page 509 of Delaware County Will Records Vol. 8 1887-1890]
509
Lynde Catlin's Will
three seventh parts, to have and to hold to my said three sons respective=
ly and their respective heirs executors and administrators forever.
In case either of my said three sons shall die before me leaving
lawful issue living at my decease, the share or shares of the son so
dying before me shall go to and vest in such issue but if the son so dy=
ing before shall leave no lawful issue living at my decease the
share or shares of the son so dying shall go to his surviving brothers
above named and the issue of any one deceased such issue to take the
share to which the parent of such issue if living would have been
entitled. I hereby appoint my beloved wife Helen M. Catlin and my
said sons John Mortimer Catlin, Charles T. Catlin- George Catlin
and the survivors and survivor of them Executrix and Executors of this
my Will. And I hereby authorize and empower such of them as for
the time being shall be my acting executors to sell and convey by good
and sufficient deeds in the Law all or any part or parts of my Lands
and Real estate as also to carry into execution all agreements that
shall have been made by me at the time of my decease for the sale
of any Lands by executing conveyances therefor to the respective pur=
chasers their heirs or assigns and to apply and distribute the pro=
ceeds of such sales and conveyances according to the provisions of
this Will. I also in like manner authorize and empower my acting
executrix and executors the survivors and survivor of them to agree
upon partition or division of my lands or real estate. I may own
at the time of my decease in common with any other person or
persons and carry such agreement into effect by executing proper
Deeds or Partition or release. I hereby revoke all former wills
by me made and declare this to be my only last Will and Testa=
ment. ~ In Witness Whereof. I have hereto set my hand
and seal this twentieth day of May in the year of our Lord eight=
een hundred and thirty three.
Lynde Catlin. (L.S.)
Signed, sealed, published and declared by Lynde Catlin the Testator
to be his last Will and Testament in the presence of us, who at his
request have signed our names hereto as witnesses.
Lynde C. Ferris, residing at No. 14 Beekman St N. York
John D. Campbell, residing at No. 108 Liberty St. New York
The People of the State of New York
By the Grace of God Free and Independent.
To all to whom the Presents shall come or whom they may concern,
Send Greeting:
Know Ye, That at the City and County of New York, on the ninth
day of November in the year of our Lord one thousand eight hundred
and thirty three before James Campbell, Esq. Surrogate of our said
City and County, the Last Will and Testament of Lynde Catlin
deceased, was proved, and is now approved and allowed by us; and the said
Lynde Catlin being at or immediately previous to his death an in=
habitant of the County of New York, by means whereof the proving
[corresponds to page 509 of Delaware County Will Records Vol. 8 1887-1890]
509
Lynde Catlin's Will
three seventh parts, to have and to hold to my said three sons respective=
ly and their respective heirs executors and administrators forever.
In case either of my said three sons shall die before me leaving
lawful issue living at my decease, the share or shares of the son so
dying before me shall go to and vest in such issue but if the son so dy=
ing before shall leave no lawful issue living at my decease the
share or shares of the son so dying shall go to his surviving brothers
above named and the issue of any one deceased such issue to take the
share to which the parent of such issue if living would have been
entitled. I hereby appoint my beloved wife Helen M. Catlin and my
said sons John Mortimer Catlin, Charles T. Catlin- George Catlin
and the survivors and survivor of them Executrix and Executors of this
my Will. And I hereby authorize and empower such of them as for
the time being shall be my acting executors to sell and convey by good
and sufficient deeds in the Law all or any part or parts of my Lands
and Real estate as also to carry into execution all agreements that
shall have been made by me at the time of my decease for the sale
of any Lands by executing conveyances therefor to the respective pur=
chasers their heirs or assigns and to apply and distribute the pro=
ceeds of such sales and conveyances according to the provisions of
this Will. I also in like manner authorize and empower my acting
executrix and executors the survivors and survivor of them to agree
upon partition or division of my lands or real estate. I may own
at the time of my decease in common with any other person or
persons and carry such agreement into effect by executing proper
Deeds or Partition or release. I hereby revoke all former wills
by me made and declare this to be my only last Will and Testa=
ment. ~ In Witness Whereof. I have hereto set my hand
and seal this twentieth day of May in the year of our Lord eight=
een hundred and thirty three.
Lynde Catlin. (L.S.)
Signed, sealed, published and declared by Lynde Catlin the Testator
to be his last Will and Testament in the presence of us, who at his
request have signed our names hereto as witnesses.
Lynde C. Ferris, residing at No. 14 Beekman St N. York
John D. Campbell, residing at No. 108 Liberty St. New York
The People of the State of New York
By the Grace of God Free and Independent.
To all to whom the Presents shall come or whom they may concern,
Send Greeting:
Know Ye, That at the City and County of New York, on the ninth
day of November in the year of our Lord one thousand eight hundred
and thirty three before James Campbell, Esq. Surrogate of our said
City and County, the Last Will and Testament of Lynde Catlin
deceased, was proved, and is now approved and allowed by us; and the said
Lynde Catlin being at or immediately previous to his death an in=
habitant of the County of New York, by means whereof the proving
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 576)
Description
[page 576]
[corresponds to page 510 of Delaware County Will Records Vol. 8 1887-1890]
510
Lynde Catlin's Will
registering said Will, and the granting Administration of all and singular
the goods, chattels and credits of the said Testator and also the auditing, al=
lowing and final discharging the account thereof, doth belong unto us, the
Administration of all and singular the goods, chattels and credits of the said
deceased, and any way concerning his Will, is granted unto Helen M. Catlin
the Executrix and John M Catlin . Charles T Catlin and George Catlin the
executors in the said Will named, they being first duly sworn, faithfully
and honestly to discharge the duties of such Executrix and Executors.
In Testimony Whereof, We have caused the Seal of Office
of our said Surrogate to be hereunto annexed.
Witness, James Campbell - Esquire, Surrogate of our
said City and County, at the City of New York, the ninth day of Dece=
mber in the year of our Lord one thousand eight hundred and thirty
three and of our Independence the fifth eighth.
James Campbell.
(L.S.)
State of New York. ss.
City and County of New York I, James F. McLaughlin, Clerk of
the Surrogate's Court of said County, do
hereby certify that I have compared the foregoing copy of the last Will
and Testament of Lynde Catlin deceased, together with the Letters
granted thereon - with the original recor thereof. now remaining in
this office, and have found the same to be a correct transcript there=
from and of the whole of such original record.
In Testimony Whereof, I have hereunto
set my hand and affixed the Seal of the Surrogate's Court. this 3
day of April. in the year of our Lord one thousand eight hundred
and eighty nine.
James F. McLaughlin.
{Seal} Clerk of the Surrogate's Court.
[corresponds to page 510 of Delaware County Will Records Vol. 8 1887-1890]
510
Lynde Catlin's Will
registering said Will, and the granting Administration of all and singular
the goods, chattels and credits of the said Testator and also the auditing, al=
lowing and final discharging the account thereof, doth belong unto us, the
Administration of all and singular the goods, chattels and credits of the said
deceased, and any way concerning his Will, is granted unto Helen M. Catlin
the Executrix and John M Catlin . Charles T Catlin and George Catlin the
executors in the said Will named, they being first duly sworn, faithfully
and honestly to discharge the duties of such Executrix and Executors.
In Testimony Whereof, We have caused the Seal of Office
of our said Surrogate to be hereunto annexed.
Witness, James Campbell - Esquire, Surrogate of our
said City and County, at the City of New York, the ninth day of Dece=
mber in the year of our Lord one thousand eight hundred and thirty
three and of our Independence the fifth eighth.
James Campbell.
(L.S.)
State of New York. ss.
City and County of New York I, James F. McLaughlin, Clerk of
the Surrogate's Court of said County, do
hereby certify that I have compared the foregoing copy of the last Will
and Testament of Lynde Catlin deceased, together with the Letters
granted thereon - with the original recor thereof. now remaining in
this office, and have found the same to be a correct transcript there=
from and of the whole of such original record.
In Testimony Whereof, I have hereunto
set my hand and affixed the Seal of the Surrogate's Court. this 3
day of April. in the year of our Lord one thousand eight hundred
and eighty nine.
James F. McLaughlin.
{Seal} Clerk of the Surrogate's Court.
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 577)
Description
[page 577]
[corresponds to front of back flypaper of Delaware County Will Records
Vol. 8 1887-1890]
[blank]
[corresponds to front of back flypaper of Delaware County Will Records
Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 578)
Description
[page 578]
[corresponds to back of back flypaper of Delaware County Will Records Vol. 8
1887-1890]
[blank]
[corresponds to back of back flypaper of Delaware County Will Records Vol. 8
1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 579)
Description
[page 579]
[corresponds to front of back endpaper of Delaware County Will Records
Vol. 8 1887-1890]
[blank]
[corresponds to front of back endpaper of Delaware County Will Records
Vol. 8 1887-1890]
[blank]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 580)
Description
[page 580]
[corresponds to back of back endpaper of Delaware County Will Records
Vol. 8 1887-1890]
[marbled red, blue and gold]
[corresponds to back of back endpaper of Delaware County Will Records
Vol. 8 1887-1890]
[marbled red, blue and gold]
Title
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 581)
Description
[page 581]
[corresponds to inside back cover of Delaware County Will Records Vol. 8 1887-1890]
[marbled green and white pasteboard]
[corresponds to inside back cover of Delaware County Will Records Vol. 8 1887-1890]
[marbled green and white pasteboard]
Dublin Core
Title
Delaware County Ohio Will Records Vol. 8 1887-1890
Subject
Delaware County--Will Records--Ohio--1887-1890
Description
Delaware County Ohio Will Records Vol. 8 1887-1890. This book is located at the Delaware County Records Center at 2079 US 23 North PO Box 8006 Delaware Ohio, 43015.
Creator
Decedents of Delaware County, Ohio, 1887-1890
Date
1887-1890
Contributor
Delaware County Court Probate Judge: Rufus Carpenter
Rights
http://rightsstatements.org/vocab/NoC-US/1.0/
Format
Book
Language
English
Type
Still Image
Text
Text
Identifier
92961171
Collection
Citation
Decedents of Delaware County, Ohio, 1887-1890, “Delaware County Ohio Will Records Vol. 8 1887-1890,” Delaware County Memory, accessed December 25, 2024, http://66.213.124.233/items/show/145.