Delaware County Ohio Will Records Vol. 9 1890-1893

Delaware County Ohio Will Records Vol. 9 1890-1893 (1)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (1)

Description

[corresponds to side cover of Delaware County Ohio Will Records Vol. 9 1890-93]

WILL RECORD 1890-1893 9 DELAWARE COUNTY
Delaware County Ohio Will Records Vol. 9 1890-1893 (2)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (2)

Description

[corresponds to inside cover of Delaware County Ohio Will Records Vol. 9 1890-93]
Delaware County Ohio Will Records Vol. 9 1890-1893 (3)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (3)

Description

[corresponds to inside cover of Delaware County Ohio Will Records Vol. 9 1890-93]

Delaware County Ohio Will Records Vol. 9 1890-1893 (4)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (4)

Description

[corresponds to inside cover of Delaware County Ohio Will Records Vol. 9 1890-93]

Allen Harvey 47

Atkinson Wirts 535

Albright Werter B. 571
Delaware County Ohio Will Records Vol. 9 1890-1893 (5)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (5)

Description

corresponds to index page B of Delaware County Ohio Will Records Vol. 9 1890-93]


Behrens Henry 84 Case 4797

Belknap Elizabeth 110

Barton Emeline 135

Blair William 214 Case 4906

Baldwin J. William
(Franklin Co. 273

Bentin Lewis 338 508.

Beecher Martha 390 Case 5018

Burr Raymond
(Franklin Co.) 430 Case 5017

Bates George W. 441

Brown Aaron 451 Case 5048

Boehm, Martin 464 " 5089

Beach, Hellen Gertrude. 501

Benton, Loreta,
election. 508

Barthalomew Roxy 511

Broderick Hannah 565 Case 5182
Delaware County Ohio Will Records Vol. 9 1890-1893 (6)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (6)

Description

Curtiss Leonard 1
Charles Stephen 36
Caulkins Albert 40
Corbin Magdala 75
Cleveland Mary 93
Campbell James Smith 156 Case 4845
Carr G. A. 245
Constant Clara B. 325
Cone John W. 368
Cox John W. 427 Case 5056
Clymer William S. 550
Cowles Elizabeth H. Wells 555
Coleman Mariah 583
Delaware County Ohio Will Records Vol. 9 1890-1893 (7)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (7)

Description

[corresponds to index page D of Delaware County Ohio Will Records Vol. 9 1890-93]


Donovan Elizabeth 151

Dyxon Henry 209 Case 4905

Dickerman Bennie 211

DeGood, Benjamin 473 507.

DeGood. Maria S. election. 507
Delaware County Ohio Will Records Vol. 9 1890-1893 (8)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (8)

Description

[corresponds to index page E of Delaware County Ohio Will Records Vol. 9 1890-93]



Edwards John M. 104 Case 4816

Eury Jesse 115 " 4817 A.

Evans John T. 179

Elsbree Perthenia 260

Evans Robert E. 408
Delaware County Ohio Will Records Vol. 9 1890-1893 (9)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (9)

Description

[corresponds to index page F of Delaware County Ohio Will Records Vol. 9 1890-93]


Freeman Charles 183

Frost Samantha 253

Ford Vatchel M 282

Freese Isaac. 313 499.

Freese Rebecca. election. 499.

Fetters Jacob A. 563
Delaware County Ohio Will Records Vol. 9 1890-1893 (10)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (10)

Description

[corresponds to index page G of Delaware County Ohio Will Records Vol. 9 1890-93]



Gardner Jonathan T. 15 Case 4714

Gavitt Ezekiel S. 433

Griste Charles M. 524
Delaware County Ohio Will Records Vol. 9 1890-1893 (11)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (11)

Description

[corresponds to index page H of Delaware County Ohio Will Records Vol. 9 1890-93]


Hoffhines Nelson M.
(Franklin Co) 19 case No 4711

Howison Sandford 199

Hardin Solomon 257

Hughes Joseph E. 264 Case 4938

Hursey Charlotte 289 516 Case 4939

Hough Orsarmus D. 297

Heffner Isaac 303

Hoskins Jacob 318 Case 4967
Delaware County Ohio Will Records Vol. 9 1890-1893 (12)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (12)

Description

[corresponds to index page I of Delaware County Ohio Will Records Vol. 9 1890-93]
Delaware County Ohio Will Records Vol. 9 1890-1893 (13)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (13)

Description

[corresponds to index page J of Delaware County Ohio Will Records Vol. 9 1890-93]


Jones Reed T. 170

Johnston William 238

Jones, Thomas C. 504 Case 5115

Jones Lydia (John H. Jones widower)
517 " 5136

Johnson Emma S. 521

Jenkins Catharine 579
Delaware County Ohio Will Records Vol. 9 1890-1893 (14)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (14)

Description

[corresponds to index page K of Delaware County Ohio Will Records Vol. 9 1890-93]


Kruck Mathias 527
Delaware County Ohio Will Records Vol. 9 1890-1893 (15)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (15)

Description

[corresponds to index page L of Delaware County Ohio Will Records Vol. 9 1890-93]

Lacher John George 175

Loofbourrow Benjamin T. 187

Love Thomas 219

Lang Andrew 233

Lewis Eather J. 349

Lingshore Warner 358

Leak Gilbert 384

Landon Henry 387

Lawrence David 575
Delaware County Ohio Will Records Vol. 9 1890-1893 (16)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (16)

Description

[corresponds to index page M of Delaware County Ohio Will Records Vol. 9 1890-93]


Mills Elizabeth 129

Myers Jacob 223

Moore Mary 269

Miller John C. 331 Case 4979

Mendenhall James W. 484 will 496

Mendenhall Olive S. election 496 [this line is crossed out]

Markel Jonathan 545
Delaware County Ohio Will Records Vol. 9 1890-1893 (17)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (17)

Description

[corresponds to index page Mc of Delaware County Ohio Will Records Vol. 9 1890-93]


McGonigle Robert J. 448

McLeod Alfred 459 498.

McLeod Rebecca,
election. 498
Delaware County Ohio Will Records Vol. 9 1890-1893 (18)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (18)

Description

[corresponds to index page N of Delaware County Ohio Will Records Vol. 9 1890-93]


Noble James W. 227
Delaware County Ohio Will Records Vol. 9 1890-1893 (19)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (19)

Description

[corresponds to index page O of Delaware County Ohio Will Records Vol. 9 1890-93]

O'Connor Thomas 10

Osborn Susan. 125
Delaware County Ohio Will Records Vol. 9 1890-1893 (20)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (20)

Description

[corresponds to index page P of Delaware County Ohio Will Records Vol. 9 1890-93]


Piper John 55 Case 4771

Phillips Nancy 80- 168

Pugh George 141- 145

Pierson Silas 345

Pfiffer Gregory 353 Case 4833

Perry Thomas L. 418

Potter Walter. 487

Potter Elenor,
election. 492

Parmer Ann 530
Delaware County Ohio Will Records Vol. 9 1890-1893 (21)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (21)

Description

[corresponds to index page Q of Delaware County Ohio Will Records
Delaware County Ohio Will Records Vol. 9 1890-1893 (22)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (22)

Description

[corresponds to index page R of Delaware County Ohio Will Records Vol. 9 1890-93]


Roloson Levi 5

Rees Rowland- 44

Rosevelt Stephen 50

Rowlands John 58

Rheem Eliza B. 120

Rutherford Henry 437

Riebel, August 469
Delaware County Ohio Will Records Vol. 9 1890-1893 (23)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (23)

Description

[corresponds to index page S of Delaware County Ohio Will Records Vol. 9 1890-93]


Shoub John H. 205

Smith Jeremiah W. 249 509. Case 4928

Shelley Hannah 278

Smith Elizabeth 293

Sheets Daniel 373

Stith James W. 395

Schults Benjamin 398 494

Sunderland Peter 401

Sloop Charles 404

Stanbery Charles (Sen.) 412

Seigfried Benjamin
(Franklin Co. O.) 456 Case 5077

Shanahan, John 479

Shults, Benjamine 494-398

Smith, Eliza election. 509.

Steitz Michael 559
Delaware County Ohio Will Records Vol. 9 1890-1893 (24)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (24)

Description

[corresponds to index page T of Delaware County Ohio Will Records Vol. 9 1890-93]


Tallman Henton 146

Thomas James. 191

Thompson Susan 540
Delaware County Ohio Will Records Vol. 9 1890-1893 (25)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (25)

Description

[corresponds to index page U of Delaware County Ohio Will Records Vol. 9 1890-93]

Delaware County Ohio Will Records Vol. 9 1890-1893 (26)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (26)

Description


[corresponds to index page V of Delaware County Ohio Will Records Vol. 9 1890-93]

Vining Sarah 363 500.

Vantasel John 377

Vining Elam C. election. 500

Delaware County Ohio Will Records Vol. 9 1890-1893 (27)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (27)

Description

[corresponds to index page W of Delaware County Ohio Will Records Vol. 9 1890-93]


Wheaton Mary E. 22

Warner Benjamin H. 26

Webster Oliver. 33

Wornstaff Lewis 66

Wilson Hannah 86

Williams George D. 100 Case 4814

Wilson Zane. 161 " 4854

Woodley Aarn 196 " 4877

Williams John A. 286 " 4951

Wittlinger William F. 334

Wharton Sarah 381 Case 5016.

Welch Ralph R. 422

Wells Elizabeth H. (Cowles) 555

White Thornton F.(Pickaway Co.) 569 5219
Delaware County Ohio Will Records Vol. 9 1890-1893 (28)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (28)

Description

[corresponds to index page Y of Delaware County Ohio Will Records
Delaware County Ohio Will Records Vol. 9 1890-1893 (29)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (29)

Subject

[corresponds to index page Z of Delaware County Ohio Will Records

Description

[corresponds to index page Z of Delaware County Ohio Will Records
Delaware County Ohio Will Records Vol. 9 1890-1893 (30)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (30)

Description

[corresponds to page 1 of Delaware County Ohio Will Records Vol. 9 1890-93]

Leonard Curtiss Will

Journal Entry

April 30th 1980.

In the Matter of the Will }

of Leonard Curtiss deceased.} This day, an instrument of writing,

purporting to be the last Will and Tes-

tament of Leonard Curtiss, late of Genoa Township, in this Coun-

ty, deceased, was produced in open Court for probate, in 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 Henry C. Curtiss-

Howard Curtiss- Dwight C. Curtiss and Edna A. Curtiss

next of kin of the Testator, resident of the State of Ohio, that

said application will be for hearing before this Court on the 6th

day of May. A.D. 1890 at 10 o'clock A.M.

N. F. Overturf

Probate Judge.


Application of Probate of Will

The State of Ohio } In Probate Court.

Delaware County SS}


In the Matter of the last Will }

and Testament of Leonard Cur- } Application of Admit to Probate.

tiss deceased. ~~~

To the Hon. N. T. Overturf, Judge of

the Probate Court in and for said Counth:

Your petitioner respectfully represents

that Leonard Curtiss late a resident of the Township of Genoa

in said County, died on or about the 27th day of April. A.D.

1890, leaving an instrument in writing, hereto attached pur-

porting to be his last Will and Testament: That the said

Leonard Curtiss 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

Henry N. Curtiss Son Galena O.

Howard Curtiss " " "

Dwight C. Curtiss " " "

Edna A. Curtiss Daughter " "


Your petition 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 proceeding:

George J Roberts.

The foregoing application was signed in my presence and sworn to

before me, this 30th day of April A.D. 1890.

N.F. Overturf.

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (31)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (31)

Description

[page 31]

[corresponds to page 2 of Delaware County Ohio Will Records Vol. 9 1890-93]


Leonard Curtiss Will.

Notice

The State of Ohio } In Probate Court.

Delaware County.SS }

In the Matter of the last Will and Tes-

tament of Leonard Curtiss deceased.

To Geo. J. Roberts

You are hereby commanded

to notify Henry C. Curtiss- Howard Curtiss- Dwight C

Curtiss and Edna A. Curtiss that on the 30 day of April

A.D. 1890, an instrument of writing, purporting to be the last Will

and Testament of Leonard Curtis late of Genoa Township, in

said 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 6" day of May. A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said

Probate Court, at Delaware, Ohio, this 30 day of April A.

D. 1890.

{Seal} N. F. Overturf

Probate Judge

Proof of Service.

The State of Ohio }

Delaware County.SS} Geo. J. Roberts being duly sworn says

that on the 1st day of May. A.D. 1980

he served the within notice by delivering a true copy thereof to the

within named Henry C. Curtiss- Howard Curtiss- Dwight

C. Curtiss and Edna A. Curtiss

George J. Roberts.

Subscribed in my presence and sworn to before me this 6" day of

May. 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 W.

H. Miller and A.P. Taylor the subscribing witnesses to the

last Will and Testament of Leonard Curtiss, 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 paper before them bearing date

the 1st day of April. A.D. 1890. purporting to be ther last

Will and Testament of Leonard Curtiss, now deceased is the

Will of said deceased, Leonard Curtiss, that they were present
Delaware County Ohio Will Records Vol. 9 1890-1893 (32)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (32)

Description


[page 32]

[corresponds to page 3 of Delaware County Ohio Will Records Vol. 9 1890-93]


Leonard Curtiss Will

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 Leonard Curtiss

deceased, sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the

said Leonard Curtis 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. Miller

A.P. Taylor

Sworn to and subscribed by said wintesses, in open Court,

this 6" day of May A.D. 1890

N. F. Overturf

{Seal} Probate Judge.


Journal Entry

May 6th 1890.

In the Matter of the Will of}

Leonard Curtiss, deceased }

Be it remembered that heretofore, to wit: on

the 30th day of April. A.D. 1890. an instrument of writing purport-

ing to be the last Will and Testament of Leonard Curtiss, 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 Henry C. Curtiss- Howard

Curtiss- Dwight C. Curtiss and Edna A. Curtiss, 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 W. H.

Miller and A.P. Taylor, 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 is the last Will and Testament of said Leonard Cur-

tiss, 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.
Delaware County Ohio Will Records Vol. 9 1890-1893 (33)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (33)

Description

[page 33]

[corresponds to page 4 of Delaware County Ohio Will Records Vol. 9 1890-93]


Leonard Curtiss Will

Copy of Will

In the name of the Benevolent Father of All, I Leonard Cur-

tis, of Genoa 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 charges be paid

out of my estate including a suitable monument of my grave

which I desire my Executor to have erected.

Item 1st

I give and devise to my daughter Edna A. Curtis all

my household goods and provisions of every description on hand

at my decease

Item 2nd

I give and devise to my daughter Edna A. Curtis all of

my chattle property of every description divided and undivided,

also all moneys on hand at my decease, provided the said Edna

A. Curtis assumes my obligation as to the one fourth expense

of careing for my invalid sister Emily Curtis during her

natural life.

Item 3rd

I give and devise to my daughter Edna A. Curtis, son

Dwight C. Curtis and Howard Curtis the scales that I

now own.

Item 4th

I do hereby nominate and appoint George J. Roberts, Execu-

tor of this my last Will and Testament.

In testimony hereof I have hereunto set my hand and seal

this first day of April. in the year 1890.

L. Curtis {Seal}


Signed and acknowledged by said Leonard Curtis as his last Will

and Testament in our presence and signed by us in his presence.

W.H. Miller

A.P. Taylor.
Delaware County Ohio Will Records Vol. 9 1890-1893 (34)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (34)

Description

[page 34]

[corresponds to page 5 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson Will

Journal Entry

April, 29th 18902.

In the Matter of the Will of}

Levi Roloson, deceased. } This day, an instrument of writing, pur:

porting to be the last Will and Testament

of Levi Roloson, late of Berlin 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 Elizabeth C. Roloson

widow, and Wesley H. Roloson and Eva C. Roloson, next of kin of the

Testator, resident of the State of Ohio, that said application will

be for hearing before this Court, on the 6th day of May A.D. 1890,

at 1 oclock P.M. (H. W. B. Roloson and E.P Roloson having

in writing 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 } Application to Admit to Probate

Levi Roloson, deceased.}

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County.

Your petitioner respectfully represents

that Levi Roloson, late a resident of the Township of Ber:

lin in said County, died on or about the 22nd day of April A.

D. 1890, leaving an instrument in writing, hereto attached, pur:

porting to be his last Will and Testament; That the said

Levi Roloson died leaving Elizabeth C. Roloson, widow,

and the following persons his only next of kin resident

of the State of Ohio

Name Degree of Kinship P.O. Address.

Wesley Roloson Son Cincinnati O

Henry W. B. Roloson " West Berlin O

E.P. Roloson " " "

Eva C. Roloson Daughter Cincinnati 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.

H. W. B. Roloson

The foregoing application was signed in my presence and sworn
Delaware County Ohio Will Records Vol. 9 1890-1893 (35)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (35)

Description

[page 35]

[corresponds to page 6 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson's Will

to before me, this 29" day of April. A.D. 1890.

N. F Overturf

{Seal} Probate Judge

"Waiver" Filed April 29" 1890.

We, the undersigned next of kin of the within named decedent, here:

by waive further notice, and consent to the probate of said Will.

Dated this 29" day of April. A.D. 1890.

H.W.B. Roloson.

E.P. Roloson

Notice

The State of Ohio } In Probate Court.

Delaware County, SS}

In the matter of the last Will and Testa:

ment of Levi Roloson, deceased.

To Henry W. B. Roloson:

You are hereby commanded to notify Elizabeth C. Roloson-

Wesley H. Roloson and Eva C. Roloson, that on the

29" day of April. A.D. 1890 an instrument of writing, purporting

to be the last Will and Testament of Levi Roloson, late of

Berlin 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 6" day of May,

A.D. 1890, at 1 o'clock P.M.

Wittness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 29" day of April. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Proof of Service

The State of Ohio }

Delaware County, SS } Henry W. B. Roloson being duly

sworn, says that on the 6" day of May.

A.D. 1890, he served the within notice by delivering a true

copy thereof to the within named Elizabeth C. Roloson-

Wesley H. Roloson. and Eva C. Roloson.

H.W.B. Roloson

Subscribed in my presence and sworn to before me this 6"

day of May. A.D. 1890.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (36)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (36)

Description

[page 36]

[corresponds to 7 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson's Will

Probate of Will.

The State of Ohio } In Probate Court.

Delaware County, SS }

Personally appeaared in open Court Jona:

than Dunham and Elizabeth Dunham the subscribing wit-

nesses to the last Will and Testament of Levi Roloson, 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 20 day of May. A.D. 1889, purporting to

be the last Will and Testament of Levi Roloson now deceased,

is the Will of said deceased Levi Roloson, 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 Levi

Roloson deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament,

and that the said Levi Roloson 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.

Jonathan Dunham

Elizabeth Dunham

Sworn to and subscribed by said witnesses, in open Court,

this 6" day of May. A.D. 1890.

N.F. Overturf

Probate Judge


Journal Entry.

May 6th 1890.

In the Matter of the Will of}

Levi Roloson, deceased. }

Be it remembered that heretofore

to wit on the 29" day of April A.D. 1890 an instrument

of writing, purporting to be the last Will and Testament

of Levi Roloson, late of Berlin 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 C. Roloson. Wesley H. Roloson and Eva

C. Roloson, the widow and next of kin of said Testator

resident of the State of Ohio pursuant to a former order

of this Court; (H.W.B. Roloson and E.P. Roloson,

having waived Notice); thereupon, on this day came

Jonathan Dunham and Elizabeth Dunham, the
Delaware County Ohio Will Records Vol. 9 1890-1893 (37)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (37)

Description

[page 37]

[corresponds to page 8 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson's Will

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 the Court finds

that the aforesaid instrument of writing is the last Will and

Testament of said Levi Roloson, 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.

Citation ordered and issued to Elizabeth C. Roloson-

widow of said decedent to elect as to said Will, as required by

law.

N.F. Overturf

Probate Judge.


Copy of Will

I, Levi Roloson of Berlin Township Delaware County

Ohio do make and publish this my last Will and Tes:

tament.

First:

I give and bequeath unto my son Henry Roloson the

North part of my Farm on which I now reside laying

North of a line to be run through said Farm commencing

in the center of the west line of said Farm said line being

the Division line between said Farm and the land of G. L.

Sackett thence running East to the land of Edward Roloson and

I enjoin the said Henry Roloson to pay to Wesley Roloson

my son at the rate of Twenty Five Dollars an Acre for

the number of Acres bequeathed to him commencing payment

one year after my decease and pay One Hundred Dollars an:

nually therefrom, without interest till the whole amount is paid,

excepting land that may be set off to my widow payment to

be deferred on that till after the death of my widow

Second:~

I give and bequeath unto my son Henry Roloson my

watch that I now have in my possession.

Third:~

I give and bequeath unto my son Edward Roloson that

part of my Farm laying south of the above described line to

run East and West through the above named Farm and I

enjoin the said Edward Roloson to pay to Eva Roloson at

the rate of Twenty Dollars an Acre for the number of acres

bequeathed to him payment to be made on the same conditions

that payment is made by the above named Henry Roloson

it is my will that there be no appraisement made of my

Estate.
Delaware County Ohio Will Records Vol. 9 1890-1893 (38)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (38)

Description

[page 38]

[corresponds to page 9 of Delaware County Ohio Will Records Vol. 9 1890-93]


Levi Roloson's Will

Fourth,

I hereby nominate and appoint as Executor Henry Roloson

my son,

In witness whereof I have hereunto subscribed

my name this 25th day of May. A.D. 1889.

Levi Roloson {Seal}


The above and foregoing instrument was at the date thereof

signed sealed published and declared by the said Levi Roloson

as and for his last Will and Testament in presence of

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

have subscribed our names as witnesses.

Jonathan Dunham

Elizabeth Dunham
Delaware County Ohio Will Records Vol. 9 1890-1893 (39)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (39)

Description

[page 39]
[corresponds to page 10 of Delaware County Ohio Will Records Vol. 9 1890-93]

Thomas O'Connor's Will

Journal Entry.

April . 28th 1890. }

In the Matter of the Will }

of Thomas O'Connor-deceased} This day an instrument of writing,

purporting to be the last Will and Testa-

ment of Thomas O'Connor, 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 Moriarty-

John O'Connor - James O'Connor and Thomas O'Con:

nor next of kin of the testator, resident of the State of Ohio,

that said application will be for hearing before this Court, on

the 10" day of May 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

Thomas O'Connor, deceased. }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County.

Your petitioner respectifully represents

that Thomas O'Connor, late a resident of the Township of

Liberty in said County, died on or about the 25th day of April

A.D. 1890, leaving an instrument in writing, hereto attached,

purporting to be his last Will and Testament. That the said

Thomas O'Connor 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

Mary Moriarty Daughter Prospect, O.

John O'Connor Son Marion, O.

James O'Connor " Xenia, O.

Thomas O'Connor " 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 ac:

cording to law of the pending of said proceedings.

Rev. Ph. Steyle

The foregoing application was signed in my presence and sworn to

before me, this 28th day of April. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (40)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (40)

Description

[page 40]

[corresponds to page 11 of Delaware County Ohio Will Records Vol. 9 1890-93]

` Thomas O'Connor's Will

Notice to Heirs.

The State of Ohio } Probate Court

Delaware county,ss,}

In the matter of the last Will and Testa:

ment of Thomas O'Connor, deceased.

To Mary Moriarty:

You are hereby notified that on

the 28th day of April. an instrument of writing, purporting to be

the last Will and Testament of Thomas O'Connor, 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 10th day of May.

A.D. 1890. at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 28th day of April. A.D. 1890.


I the undersigned person within named hereby acknowledge

service of the within notice this 2" day of May A.D. 1890.

Mary Moriarty

Prospect. Ohio.


Notice to Heirs.

The State of Ohio } In Probate Court

Delaware County.ss. }

In the Matter of the last Will and Testament

of Thomas O'Connor, deceased:

To James O'Connor and John O'Connor:

You are hereby notified that on the 28th day of April. A.D.

1890, an instrument of writing, purporting to be the last Will

and Testament of Thomas O'Connor, 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 sameday

made in said Court. Said application will be for hearing

before this Court on the 10th day of May. A.D. 1890 at 10

o'clock A.M.,

N.F. Overturf

Probate Judge

Dated at Delaware Ohio this 28th day of April. A.D. 1890.


I the undersigned person within named hereby acknowledge

service of the within notice this 7" day of May A.D. 1890

James O'Connor

John O'Connor.
Delaware County Ohio Will Records Vol. 9 1890-1893 (41)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (41)

Description

[page 41]

[corresponds to page 12 of Delaware County Ohio Will Records Vol. 9 1890-93]

Thomas O'Connor's Will

Notice to heirs.

The State of Ohio } In Probate Court.

Delaware County,ss. }

In the Matter of the last Will and Testament

of Thomas O'Connor, deceased,

To Thomas O'Connor:

You are hereby notified that

on the 28th day of April. A.D. 1890, an instrument of writing

purporting to be the last Will and Testament of Thomas

O'Connor, 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 10th

day of May A.D. 1890. at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 28th day of April A.D. 1890


Return.

The State of Ohio }

Delaware County.ss.} George Coyner being duly sworn, says that

on the 8th day of May. A.D. 1890, he served the

within notice by delivering a true copy thereof to the within named

Thomas O'Connor.

Geo. Coyner.

Subscribed in my presence and sworn to before me this 10" day of May 1890

{Seal} N.F. Overturf

Probate Judge

Journal Entry.

May 10th 1890. }

In the Matter of the Will of:}

Thomas O'Connor, deceased } Be it remembered that heretofore, to wit; on

the 28th day of April A.D. 1890, an instru:

ment of writing purporting to be the last Will and Testament and

Codicil thereto of Thomas O'Connor, 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 Mary Moriarty- John O'Connor- James O'Connor and

Thomas O'Connor, next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court.

And this cause is now continued to take the testimony of witness:

es to said instrument until the 16th day of May A.D. 1890, at

10 o'clock A.M.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (42)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (42)

Description

[page 42]

[corresponds to page 13 of Delaware County Ohio Will Records Vol. 9 1890-93]

Thomas O'Connor's Will

Probate of Will

The State of Ohio } In Probate Court

Delaware County ss.}

Personally appeared in open Court Joseph

McLin and Ella McLin the subscribing witnesses to the last Will and

Testament and Codicil of said Will of Thomas O'Connor, 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,

and Codicil, depose and say: That the paper before them bearing

date the 14" day of April A.D. 1890, purporting to be the

last Will and Testament of Thomas O'Connor now deceased,

is the Will of said deceased Thomas O'Connor and the Codicil

thereto was executed at the same time by said Thomas O'Connor

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 witnesses, in his presence: that they saw the

said Thomas O'Connor deceased sign and seal said Will and

Codicil and heard him acknowledge the same to be his last Will

and Testament, and that the said Thomas O'Connor at the

time of making, signing and sealing said Will and Codicil was

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

Joseph McLin

Ella McLin.

Sworn to and subscribed by said witnesses, in open Court, this

16" day of May. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

May 16th 1890. }

In the Matter of the Will }

of Thomas O'Connor, deceased}

This day this matter came on to

be heard and thereupon came Joseph McLin and Ella Mc

Lin- the subscribing witnesses 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, 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

Thomas O'Connor, 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 therefore, by the Court ordered, that the said Will and

Codicil thereto, be admitted to probate and that the same to-

gether with the testimony of the witnesses above named, as well
Delaware County Ohio Will Records Vol. 9 1890-1893 (43)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (43)

Description

[page 43]

[corresponds to page 14 of Delaware County Ohio Will Records Vol. 9 1890-93]


Thomas O'Connor Will

as the proceedings had thereon be entered of record in this Court.

N.F. Overturf

Probate Judge


"Copy of Will"

Liberty Township, Delaware Co., Ohio, April. 14th 1890.

I Thomas O'Connor enjoying the full use of all my

faculties, do hereby make this my last will and testament, hereby re-

voking all former Testaments.

I desire the Administrator and Executor of this my last Will to re:

pay all my funeral expenses out of my real estate property.

I leave and bequeath to the Pastor of St. Mary's Church, Dela-

ware Ohio Fifteen Dollars. 15.00

I leave and bequeath John Macklin the sum of Fifty Dollars, with

my thanks for his kindness to me during my last illness.

I leave and bequeath to St Mary's Church Delaware Ohio

the sum of Fifty Dollars, to be applied by the pastor in Charitable

works.

4 I leave and bequeath to my four sons and my daughter the balance

of my property in 5 equal shares, after the bequests above named

shall all have been paid and my funeral expenses and just

debts shall have been paid.

5. I hereby appoint Rev. Ph. Steyle of Delaware, Administrator

and Executor of this my last Will and Testament without bond.

In testimony of the above and to confirm it, I have this

day the 14th day of April, 1890 signed and sealed this my last Will in

the presence of two witnesses who have signed likewise.

Thos O'Connor

Witnesses { Joseph McLin {Seal}

{ Ella McLin {SEal}



Codicil

I desire the Administrator of my last Will, out of my

Real Estate over the grave of my wife and my own

grave a tomb stone, not to exceed $40.00 in value.

Signed Thos O'Connor


Witnesses { Joseph McLin {Seal}

{ Ella McLin {Seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (44)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (44)

Description

[page 44]

[corresponds to page 15 of Delaware County Ohio Will Records Vol. 9 1890-93]


Jonathan T. Gardner's Will

4714 Journal

May 16th 1890

In the Matter of the Will of:}

Jonathan T. Gardner, deceased} This day, an instrument of writing, pur:

porting to be the last Will and Testament

of Jonathan T. Gardner, late of Liberty 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 Delia E. Gardner his widow and Jenette

Evans- Lyman Gardner- Irvin N. Gardner- Byron A Gardner-

and Isabella Neds, next of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing before this Court on

the 20th day of May. 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 Jonathan T. } Application to Admit to Probate

Gardner, deceased ~ }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully requesents

that Jonathan T. Gardner, late a resident of the Township of Liberty in

said County, died on or about the 10" day of May. A.D. 1890, leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said Jonathan T. Gardner died leaving Delia

E. Gardner his wife and the following named persons his only next of

kin resident of the State of Ohio


Name Degree of Kinship P.O. Address

Jenette Evans Daughter Ill.

Lyman Gardner Son Powell Ohio

Irwin N. Gardner " " "

Byron A. Gardner " " "

Isabella Neds Daughter " "

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

I.N. Gardner

The foregoing application was signed in my presence and sworn to

before me, this 16" day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (45)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (45)

Description

[page 45]

[corresponds to page 16 of Delaware County Ohio Will Records Vol. 9 1890-93]


Jonathan T. Gardner's Will

Notice

The State of Ohio } In Probate Court

Delaware county ss }

In the Matter of the last Will and Testament

of Jonathan T. Gardner, deceased.

To Irvin N. Gardner:

You are hereby commanded to notify Delia E. Gardner- Jenette Ev:

ans- Lyman Gardner- Irvin Gardner- Byron A. Gardner

and Isabella Neds- that on the 16 day of May. A.D. 1890, an

instrument of writing purporting to be the last Will and Testament

of Jonathan T. Gardner, late of Liberty Township, in said County,

deceased, was produced in said Court, and an application to ad-

mit the same to probate was on the same day made in said

Court. Said applicaiton will be for hearing before this Court on

the 20" day of May. A.D. 1890, at 9 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware Ohio, this 16 day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


We, the undersigned persons within named hereby acknowledge service

of the within Notice this 16th day of May A.D. 1890.

Delia E. Gardner.

Jenette Gardner Evans.

I.N. Gardner

B.A. Gardner

Isabell D. Neds.


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County,ss }

Personally appeared in open Court F.B.

Sprague and E. Pilse the subscribing witnesses to the last Will

and Testament of Jonathan T. Gardner, late of Liberty Township

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, de-

pose and say: That the paper before them bearing date the 7' day

of March. A.D. 1882, purporting to be the last Will and Testa:

ment of Jonathan T. Gardner now deceased, is the Will of

said deceased Jonathan T. Gardner, 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 Jonathan T. Gard-
Delaware County Ohio Will Records Vol. 9 1890-1893 (46)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (46)

Description

[page 46]

[corresponds to page 17 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jonathan T. Gardner's Will

ner deceased, sign and seal said Will, and heard him acknowl-

edge the same to be his last Will and Testament, and that the

said Johnthan T. Garnder at the time of making, signing

amd sealing said Will, was of full age, of sound mind and

memory, and not uynder any restraint.

F. B. Sprague

E. Pike

Sworn to and subscribed by said witnesses, in open Court

this 20" day of May, A.D. 1890.

N. F. Overturf

Probate Judge

Journal Entry

May 20th 1890

In the Matter of the Will }
}
Jonathan T. Gardner decesed} Be it remembered, that hertofore,

to wit: on the 16th day of May.

A.D.1890 an instrument of writing, purporting to be the Last

Will and Testament of Jonathan T. Gardner, late of Liberty

Township, in this County, deceased, was produced in open

Court for the probate, and was then filed. And, it now being shown

to 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 the Court, has been given to Delia O. Gardner,

his widow - and Jenette Gardner Evans - and Isabell D. Neds

next of kin of the Testator, resident of the State of Ohio, pur-

suant to a former order of this Court, thereupon, on this

day came F. B. Spraugue and E. Pike, the subscribing

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 Jonathan T. Gardner, decesed. 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 that the same,

together with the proceedings had thereon, be entered of record in

this Court.

Citation ordered and issued to Delia E. Garner, widow of

said decedent, to elect as to said Will, as required by law.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (47)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (47)

Description

[page 47]

[corresponds to page 18 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jonathan T. Gardner's Will

Copy of Will

In the name of the Benevolent Father of all:

I, Jonathan T. Gardner, of Libery Township, Delaware

County, Ohio, being of sound mind and memory, do now on this

7th day of Marchm A.D.1882, in the City of Delaware, Ohio,

make and declare the following to be my last Will and Testament

annulling all former Wills by me made.

Item 1st My beloved wife, if she survive me shall cause all my legal

debts to be paid.

Item 2d To my beloved wife Delia E. Garner I give and bequeath

in fee simple all my property both real and personal left

by me at the time of my decease, Having full confidence that

she will distribute what may be left at her death equitably

among my children. She however ful filling any contracts

made by me previous to my decease.

Item 3d I nominate and appoint my said wife Executrix, and ask the

court to waive Bond, Incentory and Appraisement of Person:

al Propery. And in case she my said Executrix shall desire

to sell realestate she is hereby authorized to do so and make

deeds for the same in as full manner as I could myself if

living without process of Court.

In testimony where of I have hereunto set my hand

and affixed my seal, at Delaware Ohio, this 7th day of

March 1882.

J. T. Gardner {seal}

Signed and sealed by said Jonathan T. Gardner as his

last Will and Testament in our presence, who in his presence

and in the presence of each other and by his special request

have signed the same as his witnesses on the day and year

above written,

F. B. Sprague

E. Pike.
Delaware County Ohio Will Records Vol. 9 1890-1893 (48)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (48)

Description

[page 48]

[corresponds to page 19 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will

4711 Journal Entry

May 22d 1890.

In the Matter of the Authenticated }
}
Copy if the last Will and Testament}
}
of Nelson M. Hoffhines - late of: }
}
Frankin County, Ohio } An Authenticated Copy of

the last Will and Testament of

Nelson M. Hoffhines, late of Franklin County. Ohio, deceased,

and of the order 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"

Nelson M. Hoffhines Will.

In the Matter of the Will } Probate Court
}
Nelson M. Hoffhines, deceased } Franklin County, O.

Saturday, February 15th A.D. 1890

This day an instrument of writing, purporting to be the last

Will and Testament of Nelson M. Hoffhines, late of

Montgomery Township, in this County, deceased, was produced

in open Court of 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 appli:

cation will be for hearing before this Court, on the 19" day

of February,A.D.1890. at 2 o'clock P.M., saud notice to

be in writing and to be served on said parties personally, or by

leaving copies thereof at their usual place of residence.

Journal 33 page 357.

Charles G. Saffin

Probate Judge.

And afterwards, to-wit: on the 19 day of February. A.D.1890.

the findings and orders of this Court relative to the last

Will and Testament of Nelson M. Hoffhines deceased,

were entered on the Journal in words and figures following,

to-wit:

In the Matter of the Will of } Wednesday February 19"A.D.1890.
}
Nelson M. Hoffhines, deceased }

Be it Remebered, That, heretofore, to-wit: on the 15day of

February.A.D.1890, an instrument of writing, purporting
Delaware County Ohio Will Records Vol. 9 1890-1893 (49)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (49)

Description

[page 49]

[corresponds to page 20 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will

to be the last Will and Testament of Nelson M. Hoffhines,

late of Montgomery Township, 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 the widow and next of kin of the Testator, pursuant to a for:

mer order of this Court: thereupon on this day came Geo.

S. Peters and F. J. Hoffhines the subscribing witnesses to

said Will, who being duly qualified, 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 Nelson M. Hoffhines, 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.

Journal.33 Page 367

In the name of the Benevolent Father of all:

I Nelson M. Hoffhines of the City of Columbus,

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

hereby revoking all former wills by me at any time heretofore

made.

1st It is my will and desire that all my just debts and

funeral expenses be paid as soon after my decase as may be

found practicable.

2nd I will devise and bequeath to my dear Mother Louisa

Jane Hoffhines the use of the old homestead in Berkshire

Township: Delaware County. Ohio, consisting of a house and about

one fourth acre of land, so long as she may desire to occupy the same

as a home. It being my desire to provide her a home at said

place so long as she may desire to occupy the same, free of expense.

At the death of my said Mother, or if she at any time should

move therefrom and not desire to longer occupy the said property as a home

then I will desire and bequeath the same to my dear wife Theresa

M to her and her heirs forever.

3rd I will devise and bequeath to my dear wife Theresa M. all the

rest and residue of my property both real and personal, wherever the

same may be situate to her and her heirs forever.

4th I hereby nominate and appoint my said wife Theresa M. sole

executrix of this my last will and testament, and direct that no in
Delaware County Ohio Will Records Vol. 9 1890-1893 (50)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (50)

Description

[page 50]

[corresponds to page 21 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will.

ventory or appraisement be made of my estate; and that my said

executrix be not required to give any bond for the faithful execution

of this trust.

In testimony whereof I hereunto set my hand and seal this 19th

day of January. A.D.1890.

Nelson M. Hoffhines. {seal}

Signed by the said Nelson M. Hoffhines and acknowlged by him

to be his last will testament in our presence, and signed by us in

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

date aforesaid.

Geo. S. Peters.

F. J. Hoffhines.

Testimony

The subscribibng 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

and is in words and figures follwoing, to-wit:

The State of Ohio }

Franklin County.ss } Probate Court.

We, George S. Peters and F. J. Hoffhines being

duly sworn in open Court, this 19 day of February. A.D.1890. depose

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

Testament of Nelson M. Hoffhines, deceased, hereunto annexed.

That we saw Nelson M. Hoffhines said Testator Nelson M. Hoffhines

subsribe said Will, and heard him publish and declare the same to be

his last Will and Testament; and that the said Nelson M. Hoffhines

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

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

same as wintesses at this request and in his presence.

Geo. S. Peters

F. J. Hoffhines.

Sworn to and subscribed in open Court, on the day and year first above written.

{seal} Charles G. Saffin

Proabate 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 Nelson M. Hoffhines, 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 reduced to writing and filed, and as recorded in Record of

Wills. Vol.M. Page 164.

Witness my official signature, and the seal of said

Court, at Columbus, this day of A.D.188 _____

{seal} Charles G. Saffin

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (51)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (51)

Description

[page 50]

[corresponds to page 21 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will.

ventory or appraisement be made of my estate; and that my said

executrix be not required to give any bond for the faithful execution

of this trust.

In testimony whereof I hereunto set my hand and seal this 19th

day of January. A.D.1890.

Nelson M. Hoffhines. {seal}

Signed by the said Nelson M. Hoffhines and acknowlged by him

to be his last will testament in our presence, and signed by us in

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

date aforesaid.

Geo. S. Peters.

F. J. Hoffhines.

Testimony

The subscribibng 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

and is in words and figures follwoing, to-wit:

The State of Ohio }

Franklin County.ss } Probate Court.

We, George S. Peters and F. J. Hoffhines being

duly sworn in open Court, this 19 day of February. A.D.1890. depose

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

Testament of Nelson M. Hoffhines, deceased, hereunto annexed.

That we saw Nelson M. Hoffhines said Testator Nelson M. Hoffhines

subsribe said Will, and heard him publish and declare the same to be

his last Will and Testament; and that the said Nelson M. Hoffhines

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

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

same as wintesses at this request and in his presence.

Geo. S. Peters

F. J. Hoffhines.

Sworn to and subscribed in open Court, on the day and year first above written.

{seal} Charles G. Saffin

Proabate 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 Nelson M. Hoffhines, 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 reduced to writing and filed, and as recorded in Record of

Wills. Vol.M. Page 164.

Witness my official signature, and the seal of said

Court, at Columbus, this day of A.D.188 _____

{seal} Charles G. Saffin

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (52)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (52)

Description



[page 52]

[corresponds to page 23 of Delaware County Ohio Will Records Vol. 9 1890-93]


Mary E. Wheaton's Will 23

The foregoing application was signed in my presence and sworn to

before me, this 27th day of May. A.D. 1890.

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 Mary E. Wheaton, deceased.

To H.L. Wheaton:

You are hereby commanded to notify Clinton S. Wheaton

Sarah F. Condit - Charles M. Wheaton, Otis A.Wheaton-

and Lulie Clawson, that on the 27th day of May. A.D. 1890 an

instrument of writing, purporting to be the last Will and Testament

of Mary E. Wheaton, late of Berkshire Township, in said

county, deceased, was produced in said in 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 10" day of June. A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware, Ohio, this 27" day of May. A.D. 1890.

N.F. Overturf

Probate Judge.


Proof of Service

The State of Ohio }

Delaware County,ss } H.L. Wheaton being duly sworn says

that on the 30 & 31 days of May A.D. 1890,

he served the within notice by delivering a true copy thereof to the

within named Clinton S. Wheaton, Charles M. Wheaton-

Otis A. Wheaton and Sarah F. Condit, and served in same manner

Lulie Clawson on the 6" day of June. 1890.

H.L. Wheaton.

Subscribed in my presence and sworn to before me this 10" day

of June 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 A.G. Wil:

cox and Jas. S. Pierson the subscribing witnesses to the last Will and

Testament of Mary E. Wheaton, 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,
Delaware County Ohio Will Records Vol. 9 1890-1893 (53)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (53)

Description

[page 53]

[corresponds to page 24 of Delaware County Ohio Will Records Vol. 9 1890-93]


24 Mary E. Wheaton's Will.

in relation to the execution of said Will, depose and say: That the

paper before them bearing date the 31st day of Aug. A.D. 1885, pur-

porting to be the last Will and Testament of Mary E. Wheaton

now deceased, is the Will of said deceased Mary E. Wheaton, 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 Mary E. Wheaton

deceased sign and seal said Will, and heard her acknowledge the same

to be her last Will and Testament, and that the said Mary E. Whea-

ton at the time of making, signing and sealing said Will, were of full

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

A.G. Wilcox

Jas. E. Pierson

Sworn to and subscribed by said witnesses, in open Court, this 10th

day of June. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

June 10th 1890

In the Matter of the Will of }

Mary E. Wheaton-deceased } Be it remembered that heretofore, to wit

on the 27" day of May. A.D. 1890 an

instrument of writing, purporting to be the last Will and Testament

of Mary E. Wheaton, late of Berkshire 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

Harvey L. Wheaton- Clinton S. Wheaton- Sarah F. Condit-

Charles M. Wheaton- Otis A. Wheaton- and Lulu Clawson

next of kin of the Testatrix, resident of the State of Ohio, pursu:

ant to a former order of this Court, thereupon, on this day came

A.G. Wilcox and Jas. E. Pierson 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 Mary E. Wheaton- 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 therein be entered of record

in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (54)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (54)

Description

[page 54]

[corresponds to page 25 of Delaware County Ohio Will Records Vol. 9 1890-93]


Mary E. Wheaton's Will 25

Copy of Will

State of Ohio, Delaware County

In the name of the Benevolent Father of All, I Mary E.

Wheaton, being of sound mind and memory, and in view of the uncertain:

ty of this life do hereby make and publish this my last will and

testament, in manner following.

Item 1st

I desire and request that my just debts and funeral expenses be

first paid from my state.

Item 2nd

I give and bequeath to the Woman's Foreign Missionary Society

of the Presbyterian Church a corporation created under and by virture

of the laws of the State of Pennsylvania and having its principal

place of business in the City of Philadelphia the sum of One

Hundred Dollars.

Item 3rd

I give and bequeath to the board of home missions of the Presby:

terian Church in the United States of America incorporated by

the Legislature of the State of New York, the sum of One Hun:

dred dollars, in trust to be appropriated and applied for the use and

benefit of the Womans Executive Committee of Home Missions

of the Presbyterian Church.

Item 4th

I give and bequeath to my two sons Charles M. Wheaton, Otis

A. Wheaton each One Hundred Dollars

Item 5th

I give and bequeath to each and every one of my grandchildren

who shall be living at my demise the sum of One Hundred

Dollars.

Item 6th

And it is my will and request that after the above requirements

and items of this my will have complied with and paid that the

balance of my estate whether personal or real shall be equally

divided between my six children, namely Harvey L. Wheaton-

Clinton S. Wheaton- Eva D. Ganshaw Sarah F. Condit, Charles

M. Wheaton and Otis A. Wheaton.

Witness my hand and seal this 31st day of August in

the year of our Lord one thousand eight hundred and eight five.

Mary E. Wheaton {Seal}

signed sealed and published by Mary E. Wheaton as her last Will

and Testament in our presence, and by us in her presence and in

presence of each other. This 31st day of Aug. A.D. 1885.

A.G. Wilcox

Jas. E. Pierson


{This foloowing is a copy of the writing on }

{a slip of paper penned to the original Will}

{when filed in this Court. }

N.F. Overturf

Probate Judge


Article 5th I abrogate and in its place I give and bequeath

to my Grand daughter Lulie Clawson at my demise the

sum of one hundred dollars.
Delaware County Ohio Will Records Vol. 9 1890-1893 (55)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (55)

Description

[page 55]

[corresponds to page 26 of Delaware County Ohio Will Records Vol. 9 1890-93]

26 Benjamin H. Warner's Will

Journal entry

April 26th 1890.

In the Matter of the Will }

of Benjamin H. Warner- de: }

ceased. ~ } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

Benjamin H. Warner, late of Radnor Township, in this County-

deceaseed, 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 Henry Warner- Lucinda Baker-

Edward Lydick and Daisy May Wilt 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 17th day of May. 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 Benjamin H. } Application to Admit to Probate.

Warner- deceased. }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Benjamin H. Warner, late a resident of the Township of Rad:

nor in said county, died on or about the 14 day of February. A.D.

1890. leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Benjamin H. Warner

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

Henry Warner Brother Plain City O.

Lucinda Baker Sister Radnor O.

Edward Lydick Nephew

Daisy May Wilt Niece Defiance O.

Your petitioner prays that a time may be fixed for the proving of said Will

and that said above persons may be notified according to law

of the pending of said proceedings.

Jns A. Cone

The foregoing application was signed in my presence and sworn to be:

fore me, this 26th day of April. A.D. 1890.

{Seal} N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (56)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (56)

Description

[page 56]

[corresponds to page 27 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner Estate 27

Notice

The State of Ohio } In Probate Court.

Delaware County,ss }

In the Matter of the last Will and Testament

of Benjamin H. Warner, deceased.

To the Sheriff of Defiance County, Ohio,

You are hereby commanded to notify Daisy May Wilt that on the

26th day of April. A.D. 1890. an instrument of writing, purporting

to be the last Will and Testament of Benjamin H. Warner, 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 17th day of May. A.D. 1890. at

10 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware Ohio, this 26th day of April- A.D. 1890.

N.F. Overturf

{Seal} Probate Judge,


Proof of Service Filed April 30 1890.

The State of Ohio }

Defiance County,ss } Received this Writ on the 27 day of April.

A.D. 1890, and I served the within notice

by delivering a true copy there, to the within named Daisy May

Wilt, also Mrs ~ Wilt her Mother whom said minor

Daisy May Wilt lives with

Orlando Ewing.

Sheriff of Defiance County. Ohio.

Notice

The State of Ohio } In Probate Court,

Delaware County,ss }

In the Matter of the last Will and Testament

of Benjamin H. Warner, deceased

To the sheriff of Union County. Ohio.

You are hereby commanded to notify Henry Warner that on the

26th day of April. A.D. 1890, an instrument of writing, purport:

ing to be the last Will and Testament of Benjamin H. Warner,

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 on the 17th day of May.

A.D. 1890. at 10 'clock A.M.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (57)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (57)

Description

[page 57]

[corresponds to page 28 of Delaware County Ohio Will Records Vol. 9 1890-93]


28 Benjamin H. Warner's Will

Proof of Service Filed. May 6" 1890.

The State of Ohio }

Union County,ss } Received this Writ on the 28th day of April.

A.D. 1890, and served the within notice by de:

livering a true copy thereof to the within named Henry Warner

on the 1st day of May. 1890.

Thomas Martin

Sheriff. Union Co. Ohio.


Notice

The State of Ohio } In Probate Court.

Delaware County ss }

In the matter of the last Will and Testament

of Benjamin H. Warner deceased.

To Jns A. Cone:

You are hereby commanded to notify Lucinda Baker that on the

26th day of April. A.D. 1890. an instrument of writing, pur:

porting to be the last Will and Testament of Benjamin H. War:

mer. 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 17th day of May

A.D. 1890 at 10 o'clock A.M.

Witness my hand and seal of said Probate Court

at Delaware Ohio this 26th day of April. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed May 17" 1890

The State of Ohio }

Delaware County ss } Jns. A. Cone being duly sworn, says that on

the 30th day of April A.D. 1890, he served

the within notice by delivering a true copy to the within

named Lucinda Baker

Jns. A. Cone.

Subscribed in my presence and sworn to before me this 17th

day of May. A.D. 1890.

N.F. Overturf

Probate Judge


Journal Entry

May 17th 1890.

In the Matter of the Will of: }

Benjamin H. Warner, decd }

Edward Lydick, not having been served

with Notice, as was ordered by the Court, the hearing of the

Will of Benjamin H. Warner deceased, is continued until

Delaware County Ohio Will Records Vol. 9 1890-1893 (58)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (58)

Description

[page 58]

[corresponds to page 29 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner's Will 29

the 11th day of June A.D. 1890. at 10 o'clock A.M., and Notice

issued to said Edward Lydick, accordingly

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 Benjamin H. Warner, deceased.

To William J. Davis- Sheriff of Del:

aware County Ohio:

You are hereby commanded to notify Edward

Lydick that on the 16th day of April A.D. 1890, an instrument

of writing purporting to be the last Will and Testament of Benja:

min H. Warner, 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 June. A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio, this 17th day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed June 3rd 1890

The State of Ohio }

Delaware County.ss } Received this Writ on the 17" day of May A.D.

1890. and on the 3rd day of June. I served

this summons on the within named defendant Edward Lydick

by delivering to him a true copy of this summons with all the en:

dorsements therein.

William J. Davis- Sheriff



Probate of Will Filed June 11th 1890.

The State of Ohio } In Probate Court

Delaware County,ss }

Personally appeared in open Court W.H.

Dildine and Ella Dildine the subscribing witnesses to the

last Will and Testament of Benjamin H. Warner, 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 ex:

ecution of said Will, depose and say: That the paper before

them bearing date the 9" day of December A.D. 1889 pur:

Delaware County Ohio Will Records Vol. 9 1890-1893 (59)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (59)

Description

[page 59]

[corresponds to page 30 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner's Will

porting to be the last Will and Testament of Benjamin H. Warner

now deceased, is the Will of said deceased Benjamin H. War:

ner 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 H. Warner deceased sign and seal said Will and

heard him acknowledge the same to be his last Will and Testa:

ment, and that the said Benjamin H. Warner 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. Dildine

Ella Dildine

Sworn to and subscribed by said witnesses in open Court, this

11" day of June. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

June 11th 1890.

In the Matter of the Will of }

Benjamin H. Warner - deceased }

Be it remembered that heretofore

to wit on the 26th day of April A.D. 1890 an instrument of

writing, purporting to be the last Will and Testament of Ben:

jamin H. Warner, 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 Henry Warner, Lucinda Baker- Edward Lydick and

Daisy May Wilt 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 W. H. Dildine and Ella

Dildine 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:

scirbed, and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and Tes:

tament of said Benjamin H. Warner, 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.
Delaware County Ohio Will Records Vol. 9 1890-1893 (60)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (60)

Description

[corresponds to page 30 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner's Will 31

Copy of Will

In the Name of the Benevolent Father of All, Amen:

I, Benjamin H. Warner, 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 all my just debts and funeral expenses be

paid out of my estate.

Item 2nd

I give and bequeath to my sister Lucinda Baker all the

wearing apparel that I may have besides what may be

needed for my burial.

Item 3rd

I hereby will and direct that my Executor hereinafter

named, shall carry out to the letter a certain contract which

I heretofore entered into with Pell Feed for the sale and con:

vey and to said Pell Feed of the House and Lot situated in the

Village of Radnor, Delaware County, Ohio, as is specified

in a written memorandum of said contract which is in the

possession of Jns. A. Cone in the same manner as I agreed

to do for myself in said contract; and I desire my said Ex:

ecutor to carry out said agreement without being put to the

trouble and expense of getting any order or authority from any

Court.

And as

Item 4th

of this Will, I hereby authorize and direct my said herein:

after named Executor to convert into money my accounts and

chores in action, including an interest which I have in

the Horse Importing Company and in certain Horses and

Book Accounts belonging to said Horse Company, and

after paying my just debts and funeral expenses as directed

in the 1st Item of this Will, costs and expenses of adminis:

tration etc, and liberal and just compensation to Mr. W. H.

Dildine and his wife Mrs. Dildine for their kind, gererous

and disinterested care of me in my sickness. I desire my

said Executor to expend whatever remainder there may be

of my estate in having erected a suitable monument and

markers for my own grave and for the graves of my deceased

Father, mother and sister who are buried in the Ceme:

tery at Radnor, Ohio, with suitable and appropriate inscrip-

tions thereon.

Item 5"

I hereby appoint and constitute my friend John A.

Cone, Executor of this my last Will and Testament

and desire that he may be authorized by the Probate

Court to dispose of my interest in the Horses named

in a previous item of this Will at private sale on just

and fair terms, and also to adjust and compromise any

claims which I may hold against any other person,

or that any other person may have against me: and

I especially direct my said Executor to carry out

Delaware County Ohio Will Records Vol. 9 1890-1893 (61)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (61)

Description

[page 61]

[corresponds to page 32 of Delaware County Ohio Will Records Vol. 9 1890-93]


32 Benjamin H. Warner's Will

the contract above referred to between myself and Pell Feed.

In testimony whereof I hereto subscribe my name and

affix my seal, this 9th day of December, in the year of our

Lord, One Thousand Eight Hundred and Eighty Nine.
his
Benjamin H. Warner. Seal.
mark

Signed by the said Benjamin H. Warner 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 9th

day of December. A.D. 1889.

W. H. Dildine

Ella Dildine
Delaware County Ohio Will Records Vol. 9 1890-1893 (62)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (62)

Description


[corresponds to page 33 of Delaware County Ohio Will Records Vol. 9 1890-93]

Oliver Webster's Will

Journal Entry

July 11th 1890,

In the Matter of the Will of:}

Oliver Webster, deceased. }

This day, an instrument of writing,

purporting to be the last Will and Testament of Oliver Webster-

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 Nancy Webster- widow- Orlena Ramage only

heir of Testator, and Nora Ramage and Retta Ramage

Legatees- and in writing waived Notice and consented to the probate

of said Will. And thereupon came Emery Young and C.W.

Webster 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 Oliver Webster, 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 testi-

mony of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

Citation ordered and issued to Nancy Webster, widow of said

decedent to elect as to said Will as required by law.

N. F Overturf

Probate Judge.


Application for Probate of Will Filed July 11/90


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-

Oliver Webster, deceased }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Oliver Webstger late a resident of the Township of Berk:

shire in said County, died on or about the 2 day of July. A.D.

1890. leaving an instrument in writing, hereto attached, purporting

to be his last Will and Testament. That the said Oliver

Webster died leaving Nancy Webster widow and the following

named person his only next of kin resident of the State of

Ohio
Delaware County Ohio Will Records Vol. 9 1890-1893 (63)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (63)

Description

[page 63]

[corresponds to page 34 of Delaware County Ohio Will Records Vol. 9 1890-93]


34 Oliver Webster Will

Name Degree of Kinship P.O. Address-

Orlena Ramage- Daughter 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 not=

ified according to law of the pending of said proceedings.

Orlena Ramage.

The foregoing application was signed in my presence and sworn

to before me, this 9" day of July A.D. 1890.

N.F. Overturf

Probate Judge.


"Waiver" Filed July 11/90

We, the undersigned, widow & next of kin & legatees of the within

named decedent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 9th day of July. A.D. 1890.

Nancy Webster Cora Ramage

Orlena Ramage. Retta Ramage


Probate of Will

The State of Ohio } In Probate Court.

Delaware County,ss }

Personally appeared in open Court Emery

Young and C.W. Webster the subscribing witnesses to the last will

and Testament of Oliver Webster, 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 7" day of April- A.

D. 1890- purporting to be the last Will and Testament of Oliver Webster

now deceased, is the Will of said deceased Oliver Webster, 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 wit-

nesses, in his presence; that they saw the said Oliver Webster

deceased sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

Oliver Webster 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.

Emery Young

C.W. Webster.

Sworn to and subscribed by said witnesses, in open Court, this

11th day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (64)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (64)

Description

[page 64]

[corresponds to page 35 of Delaware County Ohio Will Records Vol. 9 1890-93]


Oliver Webnster's Will 35


"Copy of Will

In the name of the Benevolent Father of All, I, Oliver Webster

of Berkshire Township, Delaware County. Ohio being of sound mind

and lawful age do make and publish this my last Will and

Testament.

Item 1st

I desire that my Executor hereinafter named shall pay all my

debts and funeral expenses.

Item 2nd

I will all my property real and personal to my beloved wife Nancy

Webster, said property both real and personal to be controled by

my Executor hereinafter named and invested by him and the pro:

ceeds of said investment to be used for her support as long as

she may live and the surplus if any to be re-invested by by

said Executor. And after, the demise of my beloved wife and

her funeral expences are paid I desire that my property be divid-

ed as follows: One half to my beloved daughter Orlena Ram:

age, One Fourth to my beloved Grand-daughter Cora B. Ram:

age, One Fourth to my beloved Grand-daughter Retta Ram:

age.

Item 3rd

I desire that there be no appraisement of my personal or real

property and I desire that the Probate Court so order, and that

there be no sale of either unless thought best by my Executor.

Item 4th

I desire that my Executor shall erect a suitable monument

to make my resting place and that my beloved daughter Orle:

na Ramage shall be consulted in this matter.

Item 5th

If at any time my beloved daughter, Orlena Ramage desire

to occupy the homestead on which I now live I empower my

Executor to allow her the use of the same without rental.

Item 6th

I request my Executor to keep my real property in a good

state of repair.

Item 7th

I hereby nominate and appoint C.W. Webster my Executor

of this my last Will and empower him to compromise, adjust, re:

lease and discharge in such manner as he may deem proper,

the debts and claims due me. I do hereby revoke all former

Wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 7th day of April A.D. 1890.

O. Webster [Seal]


Signed and sealed and acknowledged

by said Oliver Webster as his

last Will and Testament in our pres:

ence and signed by us in his presence.

Emery Young.

C.W. Webster.
Delaware County Ohio Will Records Vol. 9 1890-1893 (65)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (65)

Description

[page 65]

[corresponds to page 36 of Delaware County Ohio Will Records Vol. 9 1890-93]


36 Stephen Charles Will

Journal Entry

July. 21st 1890.

In the Matter of the Nuncupative}

Will of Stephen Charles-deceased} This day, an instrument of writing, pur:

porting to be the Nuncupative Will of

Stephen Charles, 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 Jesse Charles- Iva E. Charles. Sherman Charles. and

Nelson Charles, next of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing before this Court

on the 26th day of July. A.D. 1890. at 9 o'clock A.M., (Mary A.

Charles, widow, having in writing, waived notice and consent 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 Stephen Char: } Application to Admit to Probate.

les-deceased. ~ }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

Stephen Charles, late of resident of the Township of Thompson in said

County, died on or about the 14 day of July A.D. 1890. leaving a state:

ment in the presence of witnesses which has been reduced to writing, hereto

attached, purporting to be his last Will and Testament. That the said

Stephen Charles died leaving Mary A. Charles widow and the following

named persons his only next of kin resident of the State of Ohio


Name Age of Degree of Kinship P.O. Address
Minor

Jesse Charles 16 Son Radnor O

Iva O. charles 12 Daughter " "

Sherman Charles 7 Son " "

Nelson Charles 3 " " "

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.

Mary A. Charles.

The foregoing application was signed in my presence and sworn to be-

fore me, this 21st day of July. A.D. 1890.

{Seal} N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (66)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (66)

Description

[page 66]

[corresponds to page 37 of Delaware County Ohio Will Records Vol. 9 1890-93]


Stephen Charles Will 37

"Waiver"

I, the undersinged Mary A. Charles, widow, of the within named de:

cedent, hereby waive further notice and consent to the probate of said

Will.

Dated this 21st day of July. A.D. 1890.

Mary A. Charles.


Notice

The State of Ohio } In Probate Court.

Delaware County,ss.}

In the Matter of the last Will and Testament

of Stephen Charles deceased.

To Mary A. Charles:

You are hereby commanded to notify Jes-

se Charles- Iva E. Charles- Sherman Charles and Nelson Charles-

that on the 24th day of July. A.D. 1890, an instrument of writing, pur:

porting to be the last Will and Testament of Stephen Charles, 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 hear:

ing before this Court on the 26th day of July. A.D. 1890. at 9 o'clock

A.M.,

Witness my hand and the seal of said Probate Court, at

Delaware Ohio, this 21st day of July. A.D. 1890.

{Seal} N.F. Overturf

Probate Judge


Proof of Service

The State of Ohio }

Delaware County,ss } Mary A. Charles being duly sworn, says

that on the 21st day of July. A.D. 1890, she served

the within notice by delivering a true copy thereof to the within named

Jesse Charles- Iva E. Charles- Sherman Charles and Nelson Charles.

Mary A. Charles

Subscribed in my presence and sworn to before me this 26th day of July.

A.D. 1890.

N.F. Overturf

Probate Judge


Testimony of witness - to Verbal Will

The State of Ohio }

Delaware County,ss } In the Matter of the Probate of the Last

Will and Testament of Stephen Char:

les. Deceased.

Be it Remembered, That on this 21st day of July. A.D.

1890, there personally appeared before me, the undersigned, Judge

of the said Probate Court of Delaware County. Ohio. Jacob F.
Delaware County Ohio Will Records Vol. 9 1890-1893 (67)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (67)

Description

[page 67]

[corresponds to page 38 of Delaware County Ohio Will Records Vol. 9 1890-93]


38 Stephen Charles Will

Smith and William J. Cone the subscribing witnesses to the paper

now here presented to them, purporting to be the verbal last Will and

Testament of Stephen Charles late a resident of said County, who

being of lawful age and first duly sworn, depose and say that they were

both present at the time the testamentary words set forth in said pa:

per were spoken by the said stephen Charles; that the same were

so spoken on the 14th day of July. A.D. 1890- as set forth in said

paper; that the said words were so spoken during the last sickness

of the said Stephen Charles that they said Stephen Charles then and
there called upon the said Ja:

cob F. Smith and William J. Cone who were then and there present

as aforesaid, to bear testimony to said disposition of his property as his

will, and that the said Testator Stephen Charles was at the time

said testamentary words were so spoken as aforesaid, of sound mind and

memory and not under any restraint; they further depose and say

that afterwards, to-wit: on said 14' day of July. A.D. 1890. said

Stephen Charles died and that they, the said Jacob F. Smith

and William J. Cone are disinterested witnesses.

Jacob F. Smith

William J. Cone.

Sworn to before me and subscribed in my presence this 21st

day of July A.D. 1890.

N.F. Overturf

{Seal} Probate Judge



"Copy of Will"

Verbil Will of Stephen Charles, Deceased late of Thompson

Township Delaware County Ohio, in the last hours of his life

He Will unto his wife Mary Charles after all his just and

honorable debts are paid, the remainder of all his Estate both

Real and Personal as long as she may live unless she may

want to help her children, then after her death to be divided

among his children.

Witnesses this 14" day of July. in the year of our Lord

1890.

Jacob F. Smith

William J. Cone.


Journal Entry

July 26st 1890.

In the Matter of the Nuncupative}

Will of Stephen Charles-ceceased}

Be it remembered, that heretofore

to wit: on the 21st day of July. A.D. 1890. an instrument of

writing purporting to be the Nuncupative Will of Stephen

Charles, late of Thompson Townshipin 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (68)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (68)

Description

[page 68]

[corresponds to page 39 of Delaware County Ohio Will Records Vol. 9 1890-93]


Stephen Charles Will 39

same to probate and record in this Court, has been given to Jesse Char:

les- Iva E. Charles- Sherman Charles and Nelson Charles

next of kin of the Testator, resident of the State of Ohio pursu:

ant to a former order of this Court (Mary A. Charles, widow

having waived Notice). and Jacob F. Smith and William

J. Cone the subscribing witnesses to said Will, having appeared

in open Court, were duly sworn, and 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 Stephen Charles- deceased, and

that said Will was reduced to writing, within ten days from the

death of said Testator. That the same was duly executed and

attested; and that the said Testator, at the time of making said

Will, was in his 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 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 Mary A. Charles, widow of said

decedent, to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (69)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (69)

Description

[page 69]

[corresponds to page 40 of Delaware County Ohio Will Records Vol. 9 1890-93]


40 Albert J. Caulkin's Will

Journal Entry

July 19th 1890

In the Matter of the Will of }

Albert J. Caulkins-deceased. } This day an instrument of writing: purporting

to be the last Will and Testament of Albert

J. Caulkins, 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 there:

of, and of the application to admit the same to probate and record be given

to Jane M. Caulkins- Plimy Caulkins- Edna B. Caulkins- and

Etna D. Caulkins next of kin of the Testator, resident of the State

of Ohio, that said application will be for hearing before this Court on

the 26th day of July. A.D. 1890. at 2 o'clock P.M. (Martha Caulk:

ins- widow- having in writing waived Notice and consented to the pro:

bate 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 Albert J. } Application to Admit to Probate

Caulkins- deceased ~ }

To the Hon. N.F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

Albert J. Caulkins, late a resident of the Township of Berlin, in

said county, died on or about the 14th day of July. A.D. 1890.

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament; That the said Albert J. Caulk:

ins died leaving Martha Caulkins his widow and the following

named persons his only next of kin resident of the State of Ohio

Name Age of Degree of Kinship P.O. Address
Minor
George L. Caulkins Son Hampton Nebraska

William O. Caulkins " " "

Ella Hansen Daughter " "

Dora A. Butterfield " Los Ang. California

Jane M. Caulkins " Constantia Ohio

Plimy Caulkins 19 Son " "

Chloe E. Caulkins 16 Daughter Los Angeles California

Edna B. Caulkins 11 " Constantia Ohio

Etna D. Caulkins 11 " " "


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified
Delaware County Ohio Will Records Vol. 9 1890-1893 (70)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (70)

Description

[page 70]

[corresponds to page 41 of Delaware County Ohio Will Records Vol. 9 1890-93]


Albert J. Caulkins Will 41

according to law of the pending of said proceedings

Martha Caulkins.

The foregoing application was signed in my presence and sworn

to before me, this 19th day of July. A.D. 1890.

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 19th day of July. A.D. 1890.

Martha Caulkins

Notice

The State of Ohio } In Probate Court

Delaware County.ss,}

In the Matter of the last Will and Testa:

ment of albert J. Caulkins, deceased

To Martha J. Caulkins:

You are hereby commanded to notify

Jane M. Caulkins- Plimy Caulkins; Edna B. Caulkins;

and Etna D. Caulkins that on the 19th day of July A.D. 1890.

an instrument of writing, purporting to be the last Will and Tes:

tament of Albert J. Caulkins, late of Berlin 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 26th day of Juyly. A.D. 1890, at 2 o'clock P.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio- this 19th day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service

The State of Ohio }

Delaware County,ss } Martha J. Caulkins- being duly sworn,

says that on the 19th day of July. A.D.

1890, she served the within notice and delivering a true copy thereof

to the within named Jane M Caulkins- Plimy Caulkins:

Edna B. Caulkins and Etna D. Caulkins.

Martha Caulkins.

Subscribed in my presence and sworn to before me this 26th day

of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (71)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (71)

Description

[page 71]

[corresponds to page 42 of Delaware County Ohio Will Records Vol. 9 1890-93]


42 Albert J. Caulkins Will

Probate of Will


The State of Ohio } In Probate Court

Delaware County,ss }

Personally appeared in open Court Jinks Bock:

oven and Thomas R. Smith the subscribing witnesses to the last Will

and Testament of Albert J. Caulkins, 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 24th day of December. A.D. 1889, purporting

to be the last Will and Testament of Albert Caulkins now deceased

is the Will of said deceased, Albert Caulkins, that they were

present at the execution 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 Albert J. Caulkins de:

ceased sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said Albert Caulk:

ins at the time of making, signing and sealing said Will, was of full

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

Jinks Bockover

Thomas R. Smith

Sworn to and subscribed by said witnesses, in open Court, this

26th day of July. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Reading

July 26th 1890.

In the Matter of the Will of Albert}

J. Caulkins. deceased ~ } Be it remembered, that heretofore

to wit: on the 19th day of July. A.

D. 1890, an instrument of writing, purporting to be the last Will and

Testament of Albert J. Caulkins, late of Berlin 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 Jane M. Caulkins- Pliny Caulkins_

Edna B. Caulkins and Etna D. Caulkins next of kin of the

Testator, resident of the State of Ohio, pursuant to a former

order of this Court, (Martha Caulkins, widow having waived

Notice): thereupon, on this day came Jinks Bockoven and

Thomas R. 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 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 Albert J. Caulkins, deceased.
Delaware County Ohio Will Records Vol. 9 1890-1893 (72)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (72)

Description

[page 72]

[corresponds to page 43 of Delaware County Ohio Will Records Vol. 9 1890-93]


Albert J. Caulkins Will 43

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 proceeding 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 Albert J. Caulkins of

Berlin Township Delaware County, Ohio, being of sound and disposing

mind & memory, do make publish & declare this to be my last

Will & Testament & I do hereby revoke all wills heretofore made

by me.

I.

All my just debts are to be paid as soon as practicable after

my decease.

II.

I give & bequeath to my wife Martha the use, income & profits

of all my property both real & personal during her natural life,

should she remain a widow. Should she marry again or should

she not need the use & profits of the property as above set forth,

then & in that event so much of the property as may be left &

aside from her dower interest I give & bequeath to my children share

& share alike

III

Should the real estate remain undivided until the death of my

wife Martha, then I give and bequeath all my property both real &

personal to my children share & share alike.

In testimony hereof I hereto set my hand & seal this

24th day of December. A.D. 1890.
his.
Albert J. X Caulkins-
mark


Signed by Albert J. Caulkins in our presence & by us signed in

his presence & at his request as witnesses hereto - Dec. 24th 1889.

Jinks Bockoven

Thomas R. Smith-
Delaware County Ohio Will Records Vol. 9 1890-1893 (73)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (73)

Description

[page 73]

[corresponds to page 44 of Delaware County Ohio Will Records Vol. 9 1890-93]




Rowland Rees Will

Journal Entry

July 28, 1890 }
}
In the Matter of the Will of }
} This day an instrument of writing, pur:
Rowland Rees. deceased }
porting to be the last Will and Testament

of Rowland Rees, late of Radnor Township, in this County, deceased

was produced in open Court of Probate; in consideration where of, it

is ordered that the said Will be filed in this Court. And it appear:

ing to the Court that there are no next of kin of said Testator, resi:

dent of the State of Ohio, thereupon came Jno A. Cone one of the

subscribing witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said Will, which testmony was

reduced to writing, by him subscribed, and filed with said Will.

And it appearing that Thomas Edwards, the other subscribing

witness to said Will, is now deceased, thereupon came David W.

Jones into open Court, and was duly sworn, and examined accord:

ing to law touching the geniuneness of the signature of said Thomas

Edwards, attached to said Will, and his testimony reduced to writ:

ing and filed. Whereupon the court finds that the aforesaid in:

strument of writing is the last Will and Testament of said Rowland

Reese, 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

with the testimony of the witnessses above names, 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 Rees Row: }
} Application to Admit to Probate.
land, deceased. }

To the Hon. N. F. Overturf. Judge

of the Probate Court and for said County:

Your petitioner respectfully represents that

Rowland Reese, late a resident of the Township of Radnor in said

County died on or about the 29th day of June. A.D.1890, leav:

ing an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Rowland Reese

died leaving no widow 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.

Robert Rowlands.
Delaware County Ohio Will Records Vol. 9 1890-1893 (74)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (74)

Description

[page 74]

[corresponds to page 45 of Delaware County Ohio Will Records Vol. 9 1890-93]


Rowland Rees' Will

The foregoing application was signed in my presence and sworn

to before me, this 28th day of July 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 A.

Cone one of the subscribing witnesses to the last Will and Testament of

Rowland Rees, 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, deposes and says: That the paper before

him bearing date the 3rd day of December A.D.1885, purporting to

be the last Will and Testament of Rowland Rees now deceased, is

the last Will of said deceased, Rowland Rees, that he was present at

the execution of said Will, and at the request of the Testator, sub:

scribed his name to the same as a witness in his presence; that

he saw the said Rowland Rees deceased sign and seal said Will,

and heard him acknowledge the same to be his last will and testa:

ment, and that the said Rowland Rees at the time of making, sing;

ing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. Affiant further

states that the other subscribing witness Thomas Edwards, who

signed said Will at the same time with affiant is now deceased.

Jno. A. Cone.

Sworn to and subscribed by said wintess in open Court, this 28th

say of July A.D.1890.

N. F. Overturf

Probate Judge


Proof of. Signature of Witness to Will

The State of Ohio }
}
Delaware County.s.s } David W. Jones being duly sworn, says

that he was well acquainted with Thomas

Edwards who is now deceased, that he was well acquainted with

the hand writing of the said Thomas Edwards, having often seen

him write, that the signature Thomas Edwards as subscribing

witness to the last Will and Testament of Rowland Rees, deceased,

is in the own proper hand writing and signature of the said Thomas

Edwards who at the date of said Will was in full life, and resided

in Radnor Village & Township in said County.

David W. Jones.

Sworn to before me and subscribed in my presence, this 28th day of July.

A.D.1890.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (75)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (75)

Description

[page 75]

[corresponds to page 46 of Delaware County Ohio Will Records Vol. 9 1890-93]


Rowland Rees' Will

"Copy of Will"

In the name of the Benevolent Father of All Amen. I, Rowland

Rees of Radnor Township, Delaware County, Ohio, being of sound and di

sposing mind, do make and publish the following as my last Will

and Testament:

Item 1st I will and direct that the expenses of my last sickness and my

funeral expenses be paid out of my estate, and that there be erect:

ed at my grave a suitable Grave stone properly inscribed for myself and

deceased wife.

Item 2. I give and devise and bequeath to my friend Robert Rowland all the

remainder and residue of my Estate, of whatever character or kind

whether personal or real, after paying the expenses specified in the

first Item of this Will, and the expenses of Administration, being

concsious of the fact that there cannot be more than a mere trifle of

my said estate left after paying said expenses, and also realizing the

fact that there will probably not be sufficient of my estate to pay said

expenses and give my remains proper burial, but I make the fore:

going provision, in this my Will, for the reason that the said Robert

Rowland has assured me that he will privide for said expenses out

of his own means in case my said estate is insufficient to meet

the same.

Item 5" I hereby nominate the said Robert Rowland as Executor of this

my last Will and Testament, and request the Court in which

the same may be probated, to require no Bond of said Execitor, and

to dispense with the formality of an Appraisement and sale of my

effect or estate.

I hereby reboke all former wills or parts of Wills heretofore

made by me.

In testimony whereof, I hereto affix my signature and

seal this third day of December. A.D.1885.

Rowland Rees. {seal}

Signed by the said Rowland Rees in our presence, and by him

declared to be his last Will and Testament in or hearing, and

signed by us as witnesses, at this request and in his presence, and

in the presence of each other on said December 3rd 1885-

Thomas Edwards.

Jno. A. Cone.
Delaware County Ohio Will Records Vol. 9 1890-1893 (76)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (76)

Description

[page 76]

[corresponds to page 47 of Delaware County Ohio Will Records Vol. 9 1890-93]


Harvey Allen'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

Harvey Allen- deceased }

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County

Your petitioner respectfully represents

that Harvey Allen late a resident of the Township of Tren:

ton in said county, died on or about the 29th day of July. A.D.

1890, leaving an instrument in writing, hereto attached, purporting

to be his last Will and Testament. That the said Harvey

Allen died leaving Lucy Allen- widow and the following

named person his only next of kin resident of the State of Ohio.

Name Degree of Kinship P.O. Address

Clement Elmer Allen. Son- Sunbury Ohio


Your petitioner prays that a time may be fixed for the prov:

ing of said Will

Lucy Allen

The foregoing application was signed in my presence and sworn

to before me, this 18th day of August. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


We, the undersigned widow and only next of kin of the within

named decedent, hereby waive further notice and consent to the

probate of said Will.

Date this 18th day of August. A.D. 1890

Lucy Allen

Clement E. Allen.


Journal Entry

August 18th 1890.

In the Matter of the Will}

of Harvey Allen-deceased }

This day, an instrument of writing,

purporting to be the last Will and Testament of Harvey

Allen, late of Trenton 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 Lucy Allen-widow~

and Clement E. Allen only next of kin of said Testator

and in writing waived Notice, and consented to the probate of

said Will. And thereupon came, John W. Culver
Delaware County Ohio Will Records Vol. 9 1890-1893 (77)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (77)

Description

[page 77]

[corresponds to page 48 of Delaware County Ohio Will Records Vol. 9 1890-93]


48 Harvey Allen's Will

and Thos H. Vankirk 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 insturment of writ:

ing is the last Will and Testament of said Harvey Allen-

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



Probate of Will

The State of Ohio } In Probate Court

Delaware County,SS,}

Personally appeared in open Court John

W. Culver and Thos H. Vankirk, the subscribing witnesses

to the last Will and Testament of Harvey Allen, 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 16th day of April. A.D. 1890- purporting to be the last Will

and Testament of Harvey Allen now deceased, is the Will of

said deceased Harvey Allen, that they were present at the ex:

ecution 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 Harvey Allen- deceased, sign

and seal said Will and Testament, and that the said Harvey Al:

len at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and memory, and not un:

der any restraint.

John W. Culver

Thos H. Vankirk


Sworn to and subscribed by said witnesses, in open Court,

this 18th day of August A.D. 1890.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (78)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (78)

Description

[page 78]

[corresponds to page 49 of Delaware County Ohio Will Records Vol. 9 1890-93]


Harvey Allen's Will 49

Copy of Will

State of Ohio- Delaware County-

In the name of the Benevolent Father of All, I Harvey

Allen, being of sound and disposing mind and memory and con-

dering the uncertainty of this mortal life, do make and de:

clare this my last will and testament in manner and form

following.

Item 1st

It is my will that my personal property (except the

Household goods) be sold to pay my debts and funeral ex:

penses, and in case this sale should be insufficient to pay

said debts, then any or all real estate that I may own

shall be sold for the purpose of completing the payment of said

debts except the farm on which I now reside consisting of

about one hundred and fifty acres.

Item 2nd

It is my will that my beloved wife Lucy Allen shall have

all of my real estate or all of that part of the farm upon which

I now reside lying on the west wide of big walnut creek sup:

posed to be about seventy five acres and to have all the appertenances

thereto belonging in her own right"'

Item 3rd

It is my will that my son Clement Elmer Allen shall

have the remaining portion of my real estate if being that por:

tion of the farm upon which I now reside that is situate of on

the east side of the said Big Walnut Creek together with

the appertenance thereto belonging.

Item 4"

It is my will if there be any surplus of money, or if it

shall not prove to be necessary to sell all the property left for

sale to pay said debts that all such surplus money or property

real or personal shall belong to my said son Clement Elmer

Allen.

Item 5th

It is my will that if my said wife Lucy Allen shall at her

demise own the property hereby bequeathed to her it shall revert or

belong to my said son Clement Elmer Allen.

Item 6th

I hereby constitute and appoint my beloved wife Lucy Allen and

my son Clement Elmer Allen as Executors of this my

last Will and Testament.

Witness my hand and seal this sixteenth day of April-

in the year of our Lord one thousand eight hundred and ninety

Harvey Allen {Seal}


Signed sealed and delivered and published by Harvey Allen

as his last Will and Testament in the presence of us the sub:

scribing witnesses who subscribed our names hereto in the

presence of said testator at his request and in the presence of

each other

John W. Culver

Thos H. Vankirk.
Delaware County Ohio Will Records Vol. 9 1890-1893 (79)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (79)

Description

[[page 79]

[corresponds to page 50 of Delaware County Ohio Will Records Vol. 9 1890-93]


50 Stephen Rosevelt's Will

Journal Entry

July - 21st 1890.

In the Matter of the Will }

of Stephen Rosevelt. deceased}

This day, an instrument of writing,

purporting to be the last Will and Testament of Stephen

Rosevelt, late of Oxford Township, 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 George Rosevelt and Harriet

L. McEvers 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 August 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

Stephen Rosevelt - deceased}

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Stephen Rosevelt late a resident of the Township of Ox:

ford in said County, died on or about the 13th day of July A.

D. 1890~ leaving an instrument in writing, hereto attached, pur:

porting to be his last Will and Testament: That the said Ste:

phen Rosevelt 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

George Rosevelt Son Ashley O

Harriet L. McEvers Daughter " "


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

Imlack Fisk

Ashley O. Box 1908.


The foregoing application was signed in my presence and sworn

to before me, this 21st day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (80)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (80)

Description

[page 80]

[corresponds to page 51 of Delaware County Ohio Will Records Vol. 9 1890-93]


Stephen Rosevelt's Will 51

Notice

The State of Ohio } In Probate Court.

Delaware County,SS.}

To Imlack M. Fisk:

You are hereby commanded

to notify George Rosevelt and Harriet L. McEvers that

on the 21st day of July. A.D. 1890. an instrument of writing,

purporting to be the last Will and Testament of Stephen

Rosevelt late of Oxford 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 1st day of August. A.D. 1890. at 1 o'clock

P.M.

Witness my hand and the seal of said Probate Court-

at Delaware, Ohio, this 21st day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate


Proof of Service

The State of Ohio }

Delaware County.SS} Imlack M. Fisk being duly sworn

says that on the 21st day of July. A.D. 1890.

he served the within notice by delivering a true copy thereof to

the within named George Rosevelt and Harriet L.

McEvers.

I.M. Fisk.

Subscribed in my presence and sworn to before me this 1st

day of August. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

August 1st 1890.

In the Matter of the Will of: }

Stephen Rosevelt. deceased }

Be it remembered, that heretofore,

to wit: on the 21st day of July. A.D. 1890- an instrument

of writing, purporting to be the last Will and Testament of

Stephen Rosevelt, 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 George Rosevelt and Harriet L. McEvers-

next of kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this court. And it appear-
Delaware County Ohio Will Records Vol. 9 1890-1893 (81)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (81)

Description

[page 81]

[corresponds to page 52 of Delaware County Ohio Will Records Vol. 9 1890-93]


52 Stephen Rosevelt's Will

ing to the Court that A.U. Coomer and J.M. Coomer

the subscribing witnesses to said Will, are residents of Bay

City- Michigan- and are without the jurisdiction of this court

it is therefore ordered that a commission, with the Will annexed

issue herein to Fremont Trumble, of Bay City- Michigan-

directing him to take the depositions of said subscribing witness:

es and return the same, duly certified, with all convenient

speed, to this Court.

N.F. Overturf

Probate Judge.


Commission

To Take Testimony of Witness to Will.


The State of Ohio }

Delaware County.SS.} To Fremont J. Trumble- Bay City

State of Mich:

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.U. Coomer and J.M. Coomer subscribing wit:

nesses to the last Will and Testament of Stephen Rosevelt hereto

annexed, 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 A.U. Coomer and J.M.

Coomer to be brought before you and then and there to examine them

on oath or affirmation first taken before you, touching the due ex:

ecution of said Will of the said Stephen Rosevelt and that you

reduce such examination to writing, and return the same, together

with this Commission and the Will of the said Stephen

Rosevelt 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, at Delaware O. this 1st day

of August. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge



Will

Be it known, that I Stephen Rosevelt of the County of Del:

aware and State of Ohio, do make and publish this my last

Will and Testament in manner and form as follows, viz:

1st

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

be paid.

2nd

I give and devise to my wife Mary Rosevelt all my real es:

tate in the Village of Ashley- also all moneys, claims and de:

mands due, and all my personal property, in Ashley and else:

where, all indebtedness, (as per 1st item above.) is to come out
Delaware County Ohio Will Records Vol. 9 1890-1893 (82)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (82)

Description

[page 82]

[corresponds to page 53 of Delaware County Ohio Will Records Vol. 9 1890-
93]


Stephen Rosevelt's Will 53

of lands hereinafter named in this Will.

3rd

I devise & bequeath to my son George Rosevelt all

lands owned by me in Oxford Township, it being upon the

north side of the County Road leading east from Ashley, the

same being my Charles farm.

4th

I devise & bequeath to my Daughter Harriet Marion, wife

of Theodore L. McEvers, fifty acres of land off the east side

of lands owned by me, Situated on the South side of County

road (named in 3rd Item) and in Peru Tp. Morrow Coun:

ty. Ohio.

5th

I devise & bequeath to the heirs of my daughter Elizabeth

wife of John F. Randolph, the East half of all Lands own:

ed by me on the north side of County Road above named in

Peru Township- Morrow County- Ohio.

6th

I devise & bequeath to my son John H. Rosevelt, the west

half of all lands owned by me on the north side of said county

road above named, in Peru Township, Morrow County, Ohio-

7th

I do hereby nominate and appoint, my wife Mary Rosevelt,

and Imlack Fisk- Executors of this my last Will and

Testament.

I do hereby revoke all former wills made by me.

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

6th day of September. A.D. 1873.

Stephen Rosevelt - {Seal}

Signed & acknowledged by said Stephen Rosevelt as his last Will

& Testament, in our presence; and signed by us in his presence.

A.U. Coomer

J.M. Coomer

Deposition of Witnesses to Will

The State of Mich.} In the Matter of the last Will and Testament of:

Bay County.SS. } Stephen Rosevelt.

Personally appeared before me Fremon J.

Trumble-Commissioner; A.U. Coomer and J.M. Coomer subscrib:

ing witnesses to the last Will and Testament of Stephen Rosevelt

late of Oxford 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 execution of the paper before them bearing date the 6th day

of September. A.D. 1873. purporting to be the last Will and Tes:

tament of Stephen Rosevelt now deceased, whose name is signed

at the end thereof, and at the request of said deceased, we subscribed

our names to the same as witnesses in his presence; that they

saw the said Stephen Rosevelt sign and seal said Will,

heard him acknowledge the same to be his last Will and Testament,

and that the said Stephen Rosevelt at the time of making, signing

and sealing said Will, was of full age, of sound mind and memory, and
Delaware County Ohio Will Records Vol. 9 1890-1893 (83)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (83)

Description

[page 83]

[corresponds to page 54 of Delaware County Ohio Will Records Vol. 9 1890-93]

54 Stephan Rosevelt's Will

not under any restraint.

A.U. Coomer

J.M. Coomer

The State of Mich}

Bay County. SS. } I, Fremont J. Trumble, duly appointed and

commissioned by the Judge of the Probate Court

of the County of Delaware and the State of Ohio, to take the tes:

timony of A.U. Coomer and J.M. Coomer subscribing wit:

nesses to the last Will and Testament of Stephen Rosevelt, 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 A.U. Coomer:

and J.M. Coomer subscribing witnesses as aforesaid to appear be:

fore me, at 7 P.M., on the 20 day of August 1890, 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. At:

torney 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 20th day of August A.D. 1890.

Fremont J. Trumble

Commissioner.


Journal Entry.

August 26th 1890.

In the Matter of the Will of: }

Stephen Rosevelt, deceased } The Commission heretofore issued

in to take the testimony of A.U.Coom:

er and J.M. Coomer, the subscribing witnesses to the Will of said

Stephen Rosevelt, deceased, was this day returned, duly execu:

ted, and the same was filed herein. And it appearing to the

Court from the deposition of the said A.U. Coomer and J.M.

Coomer, the said subscribing witnesses to said Will, that the afore:

said instrument of writing is the last Will and Testament of said

Stephen Rosevelt- 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 a:

bove named, as well as the proceedings had thereon, be entered

of record in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (84)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (84)

Description

[page 84]

[corresponds to page 55 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Piper's Will 55

4771 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

John Piper- deceased }

To the Hon. N.F. Overturf- Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents

that John Piper late a resident of the Township of Marlbor:

ough in said County, died on or about the 23rd day of January.

A.D. 1886. leaving an instrument in writing, hereto attached,

purporting to be his last Will and Testament: That the said

following named persons his only next of kin resident of the

State of Ohio


Name Debree of Kinship P.O. Address

Levi Piper Son Ashley O.

Eli Piper " " "

Mary S. Page Daughter Wetsel O.

Frana A. Good " Ashley O.

John D. Piper Son Ashley O.

Sarah L.E. Piper Daughter Ashley O.

Isaac N. Piper Son Ashley O.


Your petitioner prays that a time may be fixed for the proving

of said Will.

Eli Piper.

The foregoing application was signed in my presence and sworn

to before me this 6th day of September. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.


Waivers.

We, the undersigned widow & heirs of the within named

decedent, hereby waive further notice and consent to the pro:

bate of said Will.

Dated this 6th day of September. A.D. 1890.

Eliza E. Piper Frany A. Good
his
Attest to Mark-Mame Parks. Levi X Piper John D. Piper
mark
Eli Piper Sarah L.E. Piper

Mary S. Page Isaac N. Piper
Delaware County Ohio Will Records Vol. 9 1890-1893 (85)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (85)

Description

[page 85]

[corresponds to page 56 of Delaware County Ohio Will Records Vol. 9 1890-93]

56 John Piper's Will.

Probate of Will.

The State of Ohio } In Probate Court

Delaware County,SS }

Personally appeared in open Court James

Cline and Elias Cole the subscribing witnesses to the last

Will and Testament of John Piper, late of Marlborough Town:

ship 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

11th day of April- A.D. 1885- purporting to be the last Will

and Testament of John Piper now deceased, is the Will of

said deceased John Piper, that they were present at the ex:

ecution 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 Piper deceased sign and

seal said Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said John Piper

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 Cline

Elias Cole.

Sworn to and subscribed by said witnesses, in open Court, this

6th day of September. A.D. 1890.

N.F. Overturf. Probate Judge.


Journal Entry

September 6th 1890.

In the Matter of the Will}

of John Piper, deceased. } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

John Piper, late of Marlborough 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 thereup:

on came Eliza E. Piper, widow and Levi Piper- Eli Piper- Mary

S. Page- Frany A. Good- John D. Piper- Sarah L.E. Piper and

Isaac N. Piper next of kin of the Testator, resident of the State

of Ohio, and in writing waived Notice and consented to the probate of said

Will. And thereupon came James Cline 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

John Piper, 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

Delaware County Ohio Will Records Vol. 9 1890-1893 (86)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (86)

Description

[page 86]

[corresponds to page 57 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Piper's Will 57

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 Piper

of Marlborough Tp. Delaware County, Ohio do make and publish

this my last Will and Testament:

Item 1st

I give and devise that my son Levi Piper have 22 1/2 acres of

land of off the east end of the part of the farm south of the road

leading from Norton O. to Ashley. O

Item 2nd

I give and devise that my son Eli Piper have 22 1/2 acres of land

from the west end of the land on the South side of said road.

Item 3rd

I give and devise that my Daughter. Frana A. Good. have 22 1/2

acres of land from the west end of the land on the north side of said

road.

Item 4th

I give and devise that my daughter-Mary S. Page, have 22 1/2 acres

of land lying east and next to that of Frana A. Good and north

of said road.

Item 5.

I give and devise that my daughter Sarah L. E. Piper have 12

acres of land in the center of that part south of said road, and 10 1/2

acres north of said road and east and next to that devised to Mary

S. Page.

Item 6th

I give and devise that my son John D. Piper have 22 1/2 acres of

land, on north side of said road and next that devised to Sarah L.E.

Piper.

Item 7th

I give and devise that my son Isaac N. Piper have 17 acres of land

on the east side of that part on the north side of said road. and being

the part on which the houses and farm stands.

Item 8th

I desire that my sons Levi & Eli Piper have charge of the farm on

the terms as follows, during my natural life or the time my beloved

wife Eliza E. Piper may live my widow, I or my said wife are to

furnish all seed, and pay all the taxes, and my sons Levi and Eli Piper

are to do all the labor of cultivation and that necessary in keeping the

farm in repairs. The work to be done in a good and husband like man:

ner, and for such work, they the said Sons are to receive one half of

all they may raise, all small grain divided in the bushel, and corn

divided in shuck, they to haul my part of corn to the crib.

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

11h day of April- in the year 1885.
his
John X Piper. {Seal}
mark

Signed and acknowledged by said John Piper as his last Will and Tes:

tament in our presence and signed by us in his presence.

James Cline

Elias Cole
Delaware County Ohio Will Records Vol. 9 1890-1893 (87)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (87)

Description

[page 87]

[corresponds to page 58 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will


Journal Entry.

September.13th 1890 }
}
In the Matter of the Will }
}
of John Rowlands.deceased } This day an instrument of writing, purporting

to be the last Will and Testament of John

Rowlands, late of Radnor Township, in this County - deceased, was pro:

duced 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 Mary Lindner - Rachel Lindner - George Rowlands -

Elsworth A. Rowlands - Matilda Rowlands - Frank Reese -

William A. Reese - Josephine Reese - Emma Reese - Ernest

Bry - Anna Bry and Ethel Bry (John E. Rowlands and

Thomas J. Rowlands having this day in writing, waived Notice and

consented to the probate of said will) next of kin of the Tes:

tator, redident of the State of Ohio that said application will be for

hearing before this Court on the 18th day of September.A.D. 1890.

at 9 o'clock A.M.

N. F. Overturf

Probate Judge.


Application for Probate of Will.

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


In the Matter of the last }
}
Will and Testament of: }
} Application to Admit to Probate.
John Rowlands. Deceased }

To the Hon. N. F. Overturg. Judge of the

Probate Court in and for said County:

Your petitioner respectfully respresents

that John Rowland, late a resident of the Township of Radnor.

in said County, died on or about the 5 day of September.A.D. 1890.

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said John Rowlands

died leaving no widow and the following named persons his only

next of kin resident of the State of Ohio

Name Age of Degree of Kinship P.O. Address.
Minors

John E. Rowland Son Delaware. O.

Mary Lindner Daughter Delaware. O.

Rachel Lindner Daughter Delaware. O.

George Rowlands Son Delaware. O.

Thomas J. Rowlands Son Delaware. O.

Elsworh A. Rowlands Son Delaware. O.

Matilda Rowlands Daughter Delaware. O.

Frank Reese Grand Son Delaware. O.

William A. Reese Grand Son Delaware. O.
Delaware County Ohio Will Records Vol. 9 1890-1893 (88)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (88)

Description

[page 88]

[corresponds to page 59 of Delaware County Ohio Will Records Vol. 9 1890-93]



Josephine Reese Grand daughter Delaware. O.

Emma Reese 17 Grand daughter Delaware. O.

Ernest Bry 9 Grand Son Ostrander Ohio

Anna Bry 7 Grand daughter Ostrander Ohio

Ethel Bry 4 Grand daughter Delaware Ohio

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.

T. J. Rowland

The foregoing application was signed in my presence and sworn

to before me, this 13th day of September. A.D. 1890.

{seal} 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 13th day of September. A.D. 1890

Thomas J. Rowlands

John E. Rowlands

Notice

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

In the Matter of the last Will and Testament

of John Rowlands - deceased.

To Thomas J. Rowlands:

You are hereby commanded to notify

Mary Lindner - Rachel Lindner - George Rowlands -

Elsworth A. Rowlands - Matilda Rowlands - Frank Reese -

William A. Reese - Josephine Reese - Emma Reese -

Ernest Bry - Anna Bry and Ethel Bry - that on

the 18th day of September. A.D. 1890. an instrument of writing,

purporting to be the last will and Testament of John Row:

lands, 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 18 day of September - A.D. 1890. at 9 o'clock A.M.

Witness my hand and the seal of said

Probate Couort, at Delaware, Ohio, this 13" day of

September. A.D. 1890.

N. F. Overturf
{seal}
Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (89)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (89)

Description

page 89]

[corresponds to page 60 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

Proof of Service

The State of Ohio }
}
Delaware County.ss. } Thomas J. Rowlands being duly sworn,

says that on the 13 & 15 days of Sept. A.D.

1890. he served the within notice by delivering a true copy there of to

the within named Mary Lindner - Rachel Lindner - George

Rowland - Elsworth A. Rowlands - Josephine Reese - Emma Reese -

Ernest Bry - Anna Bry and Ethel Bry.

Thomas J. Rowlands.

Subscribed in my presence and sworn to before me this 16" day

of Sept. A.D. 1890.

N. F. Overturf

Probate Judge.

" Testimony of Witnesses."

In Probate Court - }
} In the Matter of Proving the last Will and Testament
Delaware County.Ohio}
of John Rowlands, 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,

say; I was present at the execution of the instrument now shown

to me, bearing date the 29 day of September. A.D. 1886. and offered

for probate as the last Will and Testament of John Rowlands,

late of Radnor Township, in said County of Delaware deceas:

ed, and saw the said John Rowlands, now deceased signed and seal

said instrument, and heard him acknowledge the same to be his

last will and Testament; and I, thereupon, at this request,

and in his presence, subscribed my name to the same as a witness.

The said decendent, at the time if 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

18"day of September. A.D. 1890.

{seal} N. F. Overturf

Probate Judge.

The State of Ohio }
}
Delaware County.ss. } John L. Thurston 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, hearing date the 29" day of September. A.D.

1886, and offered for probate as the last Will and Testament of

John Rowlands, late of Radnor Township, in said County

of Delaware, deceased, and saw the said John Rowlands,
Delaware County Ohio Will Records Vol. 9 1890-1893 (90)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (90)

Description

[page 90]

[corresponds to page 61 of Delaware County Ohio Will Records Vol. 9 1890-93]


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.

John L. Thurston

Sworn to and subscribed by said witness in open Court, this

18th day of September. A.D. 1890.

N. F. Overturf

Probate Judge.

Journal Entry

September 18th 1890. }
}
In the Matter of the Will }
}
of John Rowlands. deceased}

Be it remembered, that heretofore, to-wit:

on the 13th day of September. A.D. 1890. and instrument of

writing, purporting to be the last Will and Testament of John

Rowlands, late of Radnor 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 ad:

mit the same to probate and record in this Court, has been

given to Mary Lindner - Rachel Lindner - George Rolwnads -

Elsworth A. Rowlands - Matilda Rowlands - Frank Reese -

William A. Reese - Josphine Reese - Emma Reese -

Ernest Brey - Anna Bry and Ethel Bry -

(Thomas J. Rowlands and John R. Rowlands having

waived Notice) 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 Henry J. Eaton and John

L. Thurston 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, whereupon the court

finds that the aforesaid instrument of writing is the last Will

and Testament of said John Rowlands, 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 will as the proceedings

had thereon, be entered of record in this Court.

N. F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (91)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (91)

Description

[page 91]

[corresponds to page 62 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowland's Will

"Copy of"

The Last Will & Testament

of

John Rowlands.

On this twenty ninth day of September. A.D. Eighteen

hundred & eighty six at the City of Delaware Ohio, I,

John Rowlands, Widower, of Radnor Township Delaware Coun:

ty Ohio, being now in the seventy second year of my age & still in

the enjoyment of my usual good health & soundness of mind & body,

having through the blessing of a kind Provider on my labors,

gotten me four fine farms & three village & city houses & lots &

considerable personal property, & desiring that a just distribution of

my estate be made among my four sons & three daughters liv:

ing & the seven children of my two deceased daughters, taken in:

to account what I have already done for them & that my es:

tate may be settled with the least possible expense, do make &

declare, that this which is herein written is my last Will and

Testament hereby revoking all former Wills by me made.

Item First: - I will & direct that my Executors hereinafter named as

soon after my decease as they can conveniently do so, collect

what may be owning to me, & also sell at public or private sale

or both & upon such terms as they may see fit, so much of

my personal property as may for that purpose be found neces:

sary, & pay all my just debts, funeral expenses & expenses of

settling my estate.

Item Second: To my four beloved grand-children, John Franklin, - William

A, - Josephine O. & Margaret E, children of my deceased

daughter Margaret Rees - I do give & bequeath the sum of

Eight Hundred Dollars each to be paid to them by my

Executors so soon as Margaret Emma, who is now in the

fourteenth year of her age becomes of the full age of eighteen

years & without interest & all sums that I may hereafter

advance to them & take receipts for shall be deducted with:

out interest from the said legacies respectively. Said legacies are

to be paid out of the proceeds of the property at the North east

corner of Franklin Street & Lincoln Avenue in the City

of Delaware, Delaware County. Ohio, being the west parts of

Inlots Nos: 197 & 198 - deeded to me Mch. 4th 1878 by Saman:

the E. & Alfred G. Byers by deed recorded in the record of

deeds for said County. Vol. 71 page 380, the property has

cost me about $5600, & whatever it sells for over $3200,

necessary to pay the above mentions legacies & expenses

of selling I will be equally divided among my heirs.

The children of any of my deceased children to take joint:

ly that one ninth part of said surplus that the parent would

have taken if living.
Delaware County Ohio Will Records Vol. 9 1890-1893 (92)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (92)

Description

[page 92]

[corresponds to page 63 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

Item Third: - To my three beloved grand-children Earnest - Margaret Ann

& Ethel S. children of my deceased daughter Nellie Brey I

do also give & bequeath the sum of Eight Hundred Dollars

each to be paid as follows, the promissory note which I now hold

dated Apr. 6th 1886 due one year after date for the sum of $850.60/100

with seven percent. intrest given to me for borrowed money by their

father Wm. O. Brey & signed by him. Mrs Nellie & W. O.

Brey or any Note he may be owning thereon at my decease, &

whatever said sum may lack of paying said legacies shall be

paid to them by my Executors so soon as the said Ethel S. who

is now about sixteen or seventeen months old shall become of the

full age of eighteen years & without intrest & if Ethel S. outlive

me & dies before becoming eighteen years of age, then I will that

said legacies be paid to said Earnest & Margaret A. at her decease

& also that the legacy which would have been paid to her, had she

lived, be at her decease equally divided between said Earnest &

Margaret A. Said legacies to be paid as foresaid by my Exec -

utors out of the proceeds of my two houses & lots situated in the Vil:

lage of Ostrander in said County being Inlot No. 64 - deeded to me

by Emanuel Brey & wife May. 2. A.D.1883 - by deed recorded in

Vol. 81. p. 524, & InLot 77 deeded to me by J.J. Vance, Oct. 6th.1883,

be deed recorded in Vol. 82.p.454, the first named cost me $1500, & the

other cost me $700, & whatever they sell for more than is necessary

to make up the balance lacking on said legacies after taking out said

note as aforesaid, & the expenses of selling, I will be equally divided

among my heirs, the children of any of my deceased children to take

jointly that one ninth (1/9) part of said surplus, that the parent

would have taken if living.

Item Fourth: - To my beloved son John E. Rowlands, I do give & bequeath

my farm of 107 acres more or less on which he now lives, situated

in Delaware Thownship in said County & being all of Lot No. 29,

(100 acres) & 7 acres part of Lot No. 30, in Range 19. Township

4 - Section 2 U.S.M. Lands being the same premises deeded to

me by Israel J. Richardson & wife, Apr. 27th 1864, by deed re:

corded in Vol. 50. p.328, I do give said farm to my said son

John E, to be his absolutely in fee - simple, upon the condition

however & charged with the payment by him in one year after

my decease without interest, to my daughter Mary wife of

Harmon Lindner the sum of Two Thousand Dollars of her

legacy in "Item 7" hereinafter given.

Item Fifth: - To my beloved son George B. Rowlands I do give & bequeath

my farm of 114 1/2 acres more or less on which he now lives situated

in Delaware Township in said County, being Lot No. 31, in

Range 19. Tp. 4. Sec 2. U.S.M. Lands - deeded to me by Joseph

Hyatt & others, Febr. 21st. 1870, by deed recorded in Vol. 61. p. 362, I

do give the said farm to my said son George B, to be his abso:

lutely in fee-simple, upon the condition however & charged with
Delaware County Ohio Will Records Vol. 9 1890-1893 (93)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (93)

Description

[page 93]

[corresponds to page 64 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

the payment by him in one year after my decease without interst

to my said daughter Mary the sum of One Thousand Dollars

the residue of her legacy, & to my daughter Rachel wife of Ed:

ward Lindner the sum of One Thousand Dollars of her lega:

cy in "Item 8th" hereinafter given.

Item Sixth: - To my beloved son Thomas J. Rowlands, I do give & bequeath

my farm of 116 1/2 acres more or less on which he now lives,

Situated in Delaware Township in said County being Lot No.

32, in Sec. 2. Tp. 4. Range 19. U.S.M. Lands deeded to me by

Minerva A. Lamb & others - Apr. 24th 1873, by deed recorded in Vol.

65. p. 145. I do give the said farm to my said son, Thomas J.

to be his absolutely in fee-simple upon the condition however &

charged with the payemnt by him in one year after my decease with:

out interest to my said daughter Rachel the sum of Two Thous:

end Dollars the residue of her lagacy.

Item Seventh: - To my beloved daughter, the said Mary Lindner, I do give &

bequeath the sum of Three Thousand Dollars, to be paid to

her - $2000 thereof by my son John E. as stated in "Item 4th"

& $1000, thereof by my son John E. as stated above in "Item

5th" I do also give to the said Mary, the additional sum of Five

Hundred Dollars, to be paid to her out of the proceeds of my person:

al estate left after paying my debts & expenses of settling my estate

as provided in "Item First" & the $1000, to Matilda as provided

in "Item 10th" if not enough left to pay her said $500 & the $500

to her sister Rachel, then she to have one half of what is left.

Item Eight: - To my beloved daughter the said Rachel Lindner, I do give & be:

queath the sum of Three Thousand Dollars, to be paid to her

$1000 thereof by my son George B. & $2000, thereof by my son

to the said Rachel the additional sum of Five Hundred

Dollars, to be paid to her out of the proceeds of my personal estate

left after paying my debts & expenses of settling my estate & the

$1000 to Matilda as provided in "Item 10th", if not enough left

to pay her the $500, & her sister Mary's $500 - then each to

have the one half of what is left.

Item Ninth: - To my beloved & youngest son Elsworth Rowlands, I do

give & bequeath my farm of 146, acres more or less on which

we now live, situated in Radnor Township in said County

in Range 20, Township 5 - Section 4, U.S.M. Lands & made

up of the tracts deeded to me at four different times as follows:

1st the 81 4/5 acres deeded Oct 25 1846 - by Josheph Richards &

wife by deed recorded in Vol. 27. page 46 - 2nd the 20. acres deeded

by George W. Hull & wife Febr 8th 1851; (See Vol. 31. pages

612 etc) 3rd the 20 acres deeded by George W. Hull &

others June 1852, (See Vol. 35. pages 452 &) 4th the 25

acres deeded by Reuben Durfey & wife April. 11th 1858. (See

Vol. 39, pages 27 etc) - I do give the said farm to my said

son Elsworth to be his absolutely in fee-simple, upon the
Delaware County Ohio Will Records Vol. 9 1890-1893 (94)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (94)

Description

[page 94]

[corresponds to page 65 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

condition however & charged with the payment by him, in one year

after my decease without interest to my daughter Matilda Row:

lands the sum of Three Thousand Dollars.

Item Tenth: - To my beloved & youngest daughter the said Matilda Rowlands

now living with me, I do give & bequeath the sum of Three

Thousand Dollars to be paid to her by my son Elsworth as

stated above in "Item 9th" - I do also give to the said Matilda

the additional sum of One Thousand Dollars to be paid to her

out of the proceeds of my personal property left after paying my

debts & expenses of settling my estate.

Item Eleventh: - I do hereby constitute & appoint the said Thomas & Elsworth

Rowlands Executors of this my last Will & Testament, & here:

by authorize & direct them to proceed without any unnecessary

delay to collect whatever may be owning to me, & also to sell with:

in one year from my decease in such manner & for such prices

& upon such terms as they may see best for my estate all my

personal property. & that they apply & distribute the proceeds of

my personal estate as follows, 1st in payment of debts & expenses

as provided in "Item First" 2nd that they then pay to Matilda

the sum of $1000 - as provided in "Item 10th - 3rd that of the residue

then left they pay to Mary & Rachel each the sum of Five

Hundred Dollars, as provided in Items 7 & 8 - 4th & that they

do them divide the balance if any equally among my said seven

children to each 1/9 part & to the children of Nellie Brey 1/9 part

& to the children of Margaret Rees 1/9 part.

I do futher authorize, empower & direct my said Executors to

sell at such times in such manner & for such sums & upon such

terms as they may see best for the legatees interested the real

estate in the City of Delaware & Village of Ostrander in Item

2nd & 3rd. described & proper deeds in fee simple therefore to the several

purchases to execute & deliver, without the necessity of obtaining

any order of Court, to sell & that they apply & distribute the pro:

ceeds of the sale of said real estatae as directed in said Items

2nd & 3rd.

And I authorize empower & direct my said Executors to rent

said real estate until sold as aforesaid & the net proceeds to dis:

tribute as a part of my personal estate, & as is herein before direct:

ed to be distributed.

In testimony whereof, I, the said John Rowlands, have

hereunto set my hand this twenty ninth day of September. A.D.

1886.

John Rowlands.

Signed by the said John Rowlands in our presence, & by him

to us acknowldged to be his last Will & Testament, & signed

by us as witnesses thereto at this request, in his presence & in

the presence of each other.

John L. Thurston

Henry J. Eaton
Delaware County Ohio Will Records Vol. 9 1890-1893 (95)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (95)

Description

[page 95]

[corresponds to page 66 of Delaware County Ohio Will Records Vol. 9 1890-93]


Lewis Wornstaff's Will

Application for Probate of Will


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


In the Matter of the Last }
}
Will and Testament of }
} Application to admit to Probate
Lewis Wornstaff, Deceased }


To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Lewis Wornstaff, late a resident of the Township of Oxford in said

County, died on or about the 26th day of July, A.D. 1890, leaving

an instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said Lewis Wornstaff died leaving Sal:

lie A. Wornstaff of Ashley, O. widow and the following named persons

his only next of kin resident of the State of Ohio -


Name Degree of Kinship P.O. Address

Sperry Wornstaff Son Ashley, Ohio

Chesley Wornstaff Son Ashley, 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.

Sperry Wornstaff

The foregoing application was signed in my presence and sworn

to before me, this 22 day of August, A.D. 1890

{seal} N. F. Overturf

Probate Judge

" Waiver "

We, the undersigned widow and next of kin of the within named

decedent, hereby waive further notice, and consent to the probate of

said Will.

Dated this 20th day of August, A.D. 1890

Sally Anne Wornstaff her X mark

Sperry Wornstaff

Chesley Wornstaff


Journal Entry

August, 22d 1890. }
}
In the Matter of the Will of: }
}
Lewis Worstaff - deceased }

This day an instrument of writing, pur:

porting to be the last Will and Testament and Codicil thereto,

of Lewis Wornstaff, late of Oxford Township, 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (96)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (96)

Description

[page 96]

[corresponds to page 67 of Delaware County Ohio Will Records Vol. 9 1890-93]

Lewis Wornstaff Will

Court - And thereupon came Sally Ann Wornstaff, widow,

and Sperru Wornstaff and Chesley Wornstaff only next of kin

if said Testair, resident of the state of Ohio, and in writing waived

Notice and consented to the probate of said Will.

And it appearing to the Court that J. M. Coomer and A. U.

Coomer the subscribing witnesses to said Will, and J. C. Coomer

one of the subscribing witnessses to said Codicil are residents of

Bay City, Michigan - and are without the jurisdiction of this

Court, it is therefore ordered that a Commission, with the Will

annexed, issue therein to Fremont Trimble, of Bay City, Michi-

gan, directing him to take the depostion of said subscribing witness:

es, and return the same, duly certified, with all convenient speed to

this Court.

And the hearing of the testimony of David Shoemaker, the other

subscribing witness to said Codicil, is continued until the return

of said Commision.

N. F. Overturf

Probate Judge.

" Copy of Will "

In the name of the Benevolent father of all: I, Lewis

Wornstaff, of Ashley Ohio, do make and publish this my

last Will and Testament.

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

House and lot where we now live, in Ashley Ohio. It being

the property purchased from J. F. Doty, To have and to hold,

or to dispose of, as she may deem proper, together with all house:

hold goods and provisions remaining at my decease.

I also give and devise to my said wife during her natural life,

or while she remains my widow, the following, to - wit: The

East part of Lot 5 of Sect. 2. about 83 acres, and about 52 acres

in west part of Lot 25 of Sect. 1. (all in Oxford Tp. Del. Co. Ohio)

and at her marriage, or decease, the above decribed two lots of

farm lands are to become the property of my son - Sperry, by

his paying my son Chesley the sum of Twenty Five Hundred

Dollars ($2500.) in three equal annual payments, which

sum shall be in full of all demands against said premise.

Item 2nd - I give my son Sperry all of the farm in which he now

lives, there being about 153 acres, - Expecting the value

of 1000. Dollars, which sum he is to pay to his mother which

sum shall be in full of all demands against said premises.

My son Sperry is also to have at my decease, all farming

Impliments - Machinery & owned by me.

Item 3rd - I hold Receipts for Property given to my son Chesley, to the

amount of Eight thousand Seven hundred and fifty Dollars,

See Receipts. Sept. 1st 1869 - $6500 Dollars, and
Delaware County Ohio Will Records Vol. 9 1890-1893 (97)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (97)

Description

[page 97]

[corresponds to page 68 of Delaware County Ohio Will Records Vol. 9 1890-93]


Lewis Wornstaff's Will

Sept 1" 1871 - $1550, dollars - that being held to show that

I have disposed of said amounts to him, from my estate.

Item 4th - If Elizabeth Harroun, marries before my decease I will pro:

vide for her, in dependent of this Will, but otherwise at my decease

she is to receive from my estate personal property to the amount of

Three Hundred Dollars.

Item 5th - It is my desire that all just demands against my estate be paid

from notes and money belonging to the same, and whateve amount

remains, (after complying with Item 4. herein) be equally divided

between my sons Chesley and Sperry.

Item 6th - I do hereby nomimate and appoint my wife Sally, and my son

Sperry Executors of this my last will and testament, hereby au:

thorizing and empowering them to compromise, adjust, release and dis:

charge in such manner as they may deem, proper the the debts and

claims due me.

I desire that no appraisement and no sale of my personal proper:

ty be made, and that the Court of Probate direct the omission of

the same, in pursuance of the Statutes.

In testimony hereof, I have hereunto set my hand

and seal, this 21st day of March, A.D. 1879.

Lewis Wornstaff.

Signed & acknowledged by said Lewis Wornstaff as his last will

& testament in our presence & signed by us in his presence.

J. M. Coomer

A. U. Coomer

( Codicil )

I Lewis Wornstaff of Ashley Ohio, do make this my Codicil

hereby confirming this my last Will made and acknowledged

March. 23rd 1879. Excepting therefrom the 4th item therein which

item relating to Elizabeth Harroun, has been canseled in full, and

is not to be counted as any part of my will.

In witness whereof I have hereunto set my

hand and seal this 1st day of June, A.D. 1881.

Lewis Wornstaff. { seal }

Signed by said Lewis Wornstaff, and acknowledge in our

presence as codicil to his last Will, and signed by us in his pres:

ence.

David Shoemaker.

J. M. Coomer
Delaware County Ohio Will Records Vol. 9 1890-1893 (98)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (98)

Description

[page 98]

[corresponds to page 69 of Delaware County Ohio Will Records Vol. 9 1890-93]


Lewis Wornstaff's Will


Commision

To take Testimony of Witness to Will and Codicil


The State of Ohio }
}
Delaware County.ss. }
To Fremont Trimble, 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 J. M. Coomer and A. U. Coomer sub:

scribing witnesses to the last Will and Testament of Lewis Worn:

staff - and J. M. Coomer - the subscribing witness to the Codicil of

said Will of Lewis Wornstaff 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. M. Coomer and A. U. Coomer to be brought

before you, and then and there to examine them on oath or affirmation

first taken before you, touching the due execution of said Will and

Codicil of the said Lewis Wornstaff, and that you reduce such

examinaton to writing, and return the same, together with this

Commission and the Will and Codicil of the said Lewis Worn:

staff 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, at Delaware, Ohio, this

22nd day of August, A.D. 1890.

{ seal } N. F. Overturf

Probate Judge

Deposition of Witness to Will.


The State of Mich}
} In the Matter of the last Will and Testament
Bat County.ss. }
of Lewis Wornstaff.

Personally appeared before me Fremont Trimble, Commission:

er, J. M. Coomer and A. U. Coomer subscribing witnesses to

the last Will and Testament of Lewis Wornstaff, late of Oxford,

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 siad Will, depose and say : That they were present at the

execution of the paper before them bearing date the 21st day of

March, A.D. 1879, purporting to be the last Will and Testa:

ment of Lewis Wornstaff now deceased, whose name is signed

at the end thereof, and at the request of said deceased, subscribed

at the end thereof, and at the request of said deceased, subscribed

their names to the same as witnesses in his presence; that

they saw the said Lewis Wornstaff sign and seal said Will

and heard him acknowledge the same to be his last Will and
Delaware County Ohio Will Records Vol. 9 1890-1893 (99)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (99)

Description

[page 99]

[corresponds to page 70 of Delaware County Ohio Will Records Vol. 9 1890-93]

Lewis Wornstaff's Will

Testament, and that the said Lewis Wornstaff 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. M. Coomer

A. U. Coomer

The State of Michigan }
}
Bay County.ss. - } I, Fremont Trimble, duly appointed and

commissioned by the Judge of the Pro:

bate Court, of the County of Delaware and the State of Ohio,

to take the testimony of J. M. Coomer and A. U. Coomer sub:

scribing witnesses to the last Will and Testament of Lewis

Wornstaff 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 name J. M. Coomer and A. U. Coomer subscribing wit:

nesses as aforesaid to appear before me, at Bay City on the 2nd

day of September. 1890, 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 execu:

tion 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 Attor:

ney or Relative of any of the parties names in said will or

otherwise interested in the Probate thereof.

In witness whereof I have hereunto

set my hand this second day of September. A.D. 1890

Fremont J. Trimble

Commissioner

Depostion of: Witness to Codicil of Will

The State of Michigan }
} In the Matter of the last will and Testament
Bay County.ss. }
and Codicil thereto of Lewis Wornstaff

Personally appeared before me Tremont Trimble, Commissioner,

J. M. Coomer one of the subscribing witnesses to the codicil of

the last Will and Testament of lewis Wornstaff, late of

Oxford 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 ex:

ecution of said Codicil to said Will, deposes and says: That he

was present at the execution of the paper before him bearing date

the 1st day of June. A.D. 1881. purporting to be the Codicil

to the last will and Testament of Lewis Wornstaff now

deceased, 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 his presence; that he saw the said Lewis Wornstaff

sign and seal said Codicil to said Will, and head him ac:
Delaware County Ohio Will Records Vol. 9 1890-1893 (100)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (100)

Description

[page 100]

[corresponds to page 71 of Delaware County Ohio Will Records Vol. 9 1890-93]

Lewis Wornstaff's Will

knowledge the same to be his Codicil to his last Will and Tes:

tament, and that the said Lewis Wornstaff at the time of making

signing and sealing said Codicil to said will, was of full age,

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

J. M. Coomer

The State of Michigan }
}
Bay County. ss - } I Fremont Trimble, 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. M. Coomer, one of the sub:

scribing witnesses to the Codicil, to the last Will and Testament

of Lewis Wornstaff, deceased, late a resident of said County and

State, which Commission, and the said Will are hereto annex:

ed, do hereby certify that in pursuance of said Commission I caused

the above names J. M. Coomer subscribing witness as aforesaid

to appear before me, at Bay City on the 2nd day of Sep:

tember. 1890, that he was first duly sworn by me, according

to law, to speak the truth, the whole trith, and nothing but the

truth; that I examined him in relation to the execution of said

Codicil to 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, At:

torney, 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 2nd day of September, A.D. 1890.

Fremont J. Trimble

Commissioner.

Journal Entry.

September. 6th 1890. }
}
In the Matter of the Will of: }
}
Lewis Wornstaff, deceased }

The Commission heretofore issued

herein to take the testimony of J. M. Coomer and A. U. Coom:

er, the subscribing witnesses to the Will of Lewis Wornstaff - de:

cesed, and the testimony of J. M. Coomer the subscribing witness

to the Codicil of the Will of said Lewis Wornstaff, deceased, was

this day returned, duly executed, and the same was filed herein.

And this cause is now continued to take the testimony of David

Shoemaker the other subscribing witness to said Codicil until

the 30" day of September, A.D. 1890. at 10 o'clock A.M.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (101)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (101)

Description

[page 101]

[corresponds to page 72 of Delaware County Ohio Will Records Vol. 9 1890-93]

Journal Entry.

September. 30" 1890. }
}
In the Matter of the Will of }
}
Lewis Wornstaff - deceased. }

This day this cause came on for hearing

and it appearing to the Court that David Shoemaker the other

subscribing witness to the Codicil to said Will is a resident of

Fulton - Morrow County, Ohio - and is without the jurisdiction

of this Court, it is therefore ordered that a Commision, with

the Will and Codicil annexed, issue herein to H. M. Wide;

mand, of Fullton, Morrow County, Ohio - directing him to tkae

the deposition of said subscribing witness, and return the same,

duly certified, with all convenient speed to this Court.

N. F. Overturf

Probate Judge.

" Commission "

To take Testimony of Witness to Codicil to Will

The State of Ohio }
}
Delaware County.ss. } To H. M. Wiseman, 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 David Shoemaker, one of the subscribing

witnesses to the Codicil to the last Will and Testament of

Lewis Wornstaff 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 appoointed by you, you cause the said Da:

vid Shoemaker to be brought before you, and then and there to exam:

ine him on oath or affirmation first taken before you, touching

the due execution of said Codicil to said Will of the said Lewis

Wornstaff and that you reduce such examination to writing,

and return the same, together with this Commission and the

Will of the said Lewis Wornstaff thereto annexed, closed up

under your seal, into our said Probate Court, with all con:

venient 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 30th

day of September. A.D. 1890.

N. F. Overturf

{ seal } Probate

Delaware County Ohio Will Records Vol. 9 1890-1893 (102)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (102)

Description



[page 102]

[corresponds to page 73 of Delaware County Ohio Will Records Vol. 9 1890-93]

Deposition of Witness to Codicil to Will

The State of Ohio } In the Matter of the last Will and Testament

Morrow County ss } of Lewis Wornstaff:

Personally appeared before me H. M. Wiseman Commissioner,

David Shoemaker subscribing witness to the Codicil to the

last Will and Testament of Lewis Wornstaff late of Oxford

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 Codicil to said Will, deposes and says: That he was

present at the execution of the paper before him bearing date the

1st day of June, A.D. 1881 purporting to be the Codicil to

the last Will and Testament of Lewis Wornstaff 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 his presence; that he saw the said Lewis Worn=

staff sign and seal said Codicil to said Will and heard

him acknowledge the same to be his Codicil to his last Will

and Testament and that the said Lewis Wornstaff at the time

of making, signing and sealing said Codicil to said Will, was

of full age, of sound mind and memory, and not under any re=

straint.

David Shoemaker

The State of Ohio }
Morrow County ss. } I. H. M. Wiseman, 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 David Shoemaker - one of the sub=

scribing witnesses to the Codicil to the last Will and Testament

of Lewis Wornstaff, 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 David Shoemaker subscribing witness as afore=

said to appear before me, at Fulton O. on the 15th day of Oct.

1890 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 Codicil to

said Will, and reduced his testimony to writing as above set

forth in his presence and that he signed the same in my pres=

ence, and I further certify that I am not Counsel, Attorney or

Relative of any of the parties named in said Will, or otherwise

interests in the Probate thereof

In witness whereof I have hereunto set my

hand, this 15th day of Oct. A.D. 1890.

H.M. Wiseman
Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (103)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (103)

Description

[page 103]

[corresponds to page 74 of Delaware County Ohio Will Records Vol. 9 1890-93]

Journal Entry

October 15th 1890, }

In the Mater of the Will of: }

Lewis Wornstaff - deceased }

The Commission heretofore issued

herein to take the testimony of David Shoemaker, me of the

subscribing witnesses to the Codicil to the Will of said Lewis

Wornstaff deceased, was this day returned, duly executed, and the

same was filed herein. Whereupon the Court finds from the dep:

ositions of the said J.M. Coomer and A.U. Coomer the subscrib=

ing witnesses to said Will and from the depositions of the said

J. M. Coomer and David Shoemaker the subscribing witnesses

to said Codicil to said Will, that the aforesaid instrument of

writing is the last Will and Testament and Codicil thereto

of said Lewis Wornstaff deceased. That the same was duly ex=

ecuted and attested; and that the said Will and Codicil thereto,

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 testi=

mony of the witnesses above named, as well as the proceedings had

therein, be entered of record in this Court.

Citation ordered and issued to Sally A. Wornstaff, widow, of said

decendent to elect as to said Will as required by Law.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (104)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (104)

Description

[page 104]

[corresponds to page 75 of Delaware County Ohio Will Records Vol. 9 1890-93]

Journal Entry

October 15th 1890 }

In the Matter of the Will }

of Magdala Corbin - deceased }

This day, an instrument of writing, pur=

porting to be the last Will and Testament of Magdala Corbin, 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 Franklin R. Corbin, here widower and Hattie W. Corbin and

John R. Corbin (Franklin B. Corbin having in writing, waived

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 in the 18th day of October -

A.D. 1890 at 10' oclock 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 Maydala } Application to Admit to Probate

Corbin deceased }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully respresents that

Maydala Corbin late a resident of the Township of Delaware in

said County, died in or about the 20th day of October A. D. 1887,

leaving an instrument in writing, hereto attached purporting to be her

last Will and Testament: That the said Magdala Corbin died

leaving Frankling R. Corbin her 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
Minor

Franklin B. Corbin Son Delaware O.

Hattie W. Corbin Daughter " "

John R. Corbin 16 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.

Franklin B. Corbin

The foregoing application was signed in my presence and sworn to be,

fore me, this 15th day of October A. D. 1890.

{Seal} N. F. Overtuf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (105)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (105)

Description

[page 105]

[corresponds to page 76 of Delaware County Ohio Will Records Vol. 9 1890-93]

"Waiver"

I, the undersigned one of the next of kin of the within named decedant,

hereby waive further notice and consent to the probate of said Will,

Dated this 16th day of October A.D. 1890.

Franklin B. Corbin

Notice

The State of Ohio } In Probate Court

Delaware Couty ss. }

In the Matter of the last Will and Testament

of Magdala Corbin - deceased.

To Franklin B. Corbin

You are hereby commanded to

notify Franklin R. Corbin Hattie W. Corbin and John R.

Corbin that on the 15th day of October A.D. 1890 an instrument of

writing purporting to be the last Will and Testament of Magdala

Corbin late of Delaware Township, in said County, deceased, was

preduced in said Court, and an application to admit the same to pro-

bate was on the same day made in said Court. Said application

will before hearing before this Court on the 18th day of October A.

D. 1890 at 10'oclock A. M.

Witness my hand and the seal of said Pro=

bate Court, at Delaware, Ohio, this 15th day of October A. D. 1890

{Seal} N.F. Overturf

Probate Judge

Proof of Service
The State of Ohio }

Delaware County ss. } Franklin B. Corbin being duly sworn,

says that on this 15th day of October A.D.

1890 he served the within notice by delivering a true copy there of the

within named Franklin R. Corbin, Hattie W. Corbin and John

R. Corbin

Franklin B. Corbin

Subscribed in my presence and sworn to before one this 15th day of

October A. D. 1890.

N.F. Overturf

Probate Judge

Testimony of Witness

In Probate Court } In the Matter of Proving the last Will and Testament of

Delaware County, Ohio } Magdala Corbin - Deceased

The State of Ohio }

Delaware County ss. } Sophia Grysby, 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 19th day of October A.D. 1887 and offered for probate
Delaware County Ohio Will Records Vol. 9 1890-1893 (106)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (106)

Description

[page 106]

[corresponds to page 77 of Delaware County Ohio Will Records Vol. 9 1890-93]

Magdala Corbin's Will

as the last Will and Testament of Magdala Corbin, late of Del=

aware Township, in said County of Delaware, deceased, and saw

the said Magdala Corbin, now 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.

Sophia Grigsby

Sworn to and subscribed by said witness in open Court, this 18th

day of October A.D. 1890

N.F. Overturf

{Seal} Probate Judge


Proof of Signature of Witness to Will

The State of Ohio }

Delaware County ss } Sophia Grigsby being duly sworn, says that

she was well acquainted with James H.

Hughs who is now deceased, that she was well acquainted with the

hand writing of the said James H. Hughs, having often seen him

write, that the signature James H. Hughs as subscribing wit=

ness to the last Will and Testament of Magdala Corbin, deceased,

is in the own proper hand writing and signature of the said James

H Hughs, who at the date of said Will was in full life, and resided

in Delaware City in said County.

Sophia Grigsby

Sworn to before me and subscribed in my presence, this 18th

day of October A. D. 1890.

N. F. Overturf

{Seal} Probate Judge

Proof of Signature of Witness to Will

The State of Ohio }

Delaware County ss } D E Hughs being duly sworn says that

he was well acquainted with James H.

Hughs who is now deceased, that he was well acquainted with the

hand writing of the said James H. Hughs, having often seen him

write, that the signature James H. Hughs as subscribing witness

to the last Will and Testament of Magdala Corbin, deceased, is in

the own proper hand writing and signature of the said James H Hughs

who at the date of said will was in full life, and resided in Del=

aware City in said County.

D. E. Hughs

Sworn to before me and subscribed in my presence, this 18th day of Oc=

tober. A.D. 1890

{Seal} N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (107)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (107)

Description

[page 107]

[corresponds to page 78 of Delaware County Ohio Will Records Vol. 9 1890-93]

Magdala Corbin's Will

Journal Entry

October 18th 1890 }

In the Matter of the Will }

of: Magdala Corbin - deceased } Be it remembered, that heretofore, to wits on

the 15th day of October A.D. 1890 an in:

strument of writing, purporting to be the last Will and Testament of

Magdala Corbin, 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 giving to Franklin R. Corbin her

widower and Hattie W. Corbin and John R. Corbin (Franklin B.

Corbin having waived Notice) next of kin of the Testatrix, resident

of the State of Ohio pursuant to a former order of this Court, there:

upon came Sophia Grigsby 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 to the Court that James H.

Hughes, the other subscribing witness to said Will, is now deceased,

thereupon Sophia Grigsby and D.E. Hughes appeared in open court,

and were duly sworn and examined according to law touching the gen:

uineness of the signature of said James H. Hughes, attached to

said Will, and their testimony thereon was reduced to writing and filed, where:

upon the Court finds that the aforesaid instrument of writing is the

last Will and Testament of said Magdala Corbin, 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 witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

Citation ordered and issued to Franklin R. Corbin widower of said de:

cecent to elect as to said Will, as required by law. And thereupon

proof of service of said Citation was filed herein.

N.F. Overturf

Probate Judge


Copy of Will

In the name of the benevolent father of all: I Magdala Corbin

of the City of Delaware County of Delaware and State of Ohio and

being of sound mind and memory do make and publish this my last

Will and Testament:

Item 1st

I give and devise to my beloved son Franklin B. Corbin the one third

part of the Thousand Dollars that was realized from the sale of my

farm some time since and which said Thousand Dollars is now in

my husbands possession but nevertheless my individual private person:

al property also the one third part in value of my and all other personal

property that I may now own or that may come to me at any time dur:

ing my life time also the one third undivided part of all of my real es:
Delaware County Ohio Will Records Vol. 9 1890-1893 (108)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (108)

Description

[page 108]

[corresponds to page 79 of Delaware County Ohio Will Records Vol. 9 1890-93]

Magdala Corbin's Will 79

tate that I now own and which is known as a farm of Seventy

Three Acres situate in Scioto Township Delaware County.

Ohio, the same to be held to him and his heirs forever.

Item 2nd

I give and devise to my beloved daughter Hattie W Corbin the

one third part of the Thousand Dollars that was realized from the

sale of my farm some time since and which said Thousand Dollars

is now in my husbands possession but nevertheless my individual pri:

vate personal property. Also the third part in value of any and all oth:

er personal property that I may now own or that may come to me

at any time during my lifetime. ~ Also the one third undivided

part of all of my real estate that I now own and which is known as a

farm of Seventy Three Acres, situate in Scioto Township Delaware

County Ohio, the same to be held to her and her heirs forever.

Item 3rd

I give and devise to my beloved son John R. Corbin the one third

part of the Thousand Dollars that was realized from the sale of my

farm some time since and which said Thousand Dollars is now

in my husbands possession but nevertheless my individual private

personal property. Also the third part in value of any and all other

personal property that I may now own or that may come to me at

any time during my lifetime. Also the one third undivided part

of all of my real estate that I now own and which is known as a

farm of Seventy Three Acres, situate in Scioto Township Delaware

County Ohio. The same to be held by Franklin B. Corbin in trust

for the only proper use and benefit of the said John R. Corbin until he the

said John R. Corbin shall have arrived at the age of twenty-one years

whereupon he the said John R. Corbin upon his having arrived at the

age of twenty one years shall receive the use, possession and control of all

of the said property both real and personal from the said Trustee and said

trusteeship shall thereupon immediately close upon his final settlement

with the said John R. Corbin upon his arriving at the age of majority,

whereupon he the said John R. Corbin shall hold the said real estate

to him and his heirs forever.

Item 4th

I do hereby nominate and appoint Franklin B. Corbin (my son) my

Executor for the purpose of settling my estate and the carrying out of the

provisions of this my last Will.

Item 5th

I do hereby revoke all former wills by me made of whatsoever na:

ture they may be.

In testimony whereof I have hereunto set my hand and

seal at the City of Delaware Ohio- this 19th day of October A.

D. 1887.

{Seal} Magdala Corbin-


Signed and acknowledged by said Magdala Corbin as her last Will

and Testament in our presence and signed by us in her presence.

James H. Hughes

Sophia Grigsby.
Delaware County Ohio Will Records Vol. 9 1890-1893 (109)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (109)

Description

[page 109]

[corresponds to page 80 of Delaware County Ohio Will Records Vol. 9 1890-93]

80 Nancy Phillips Will

For record of Content

See Page 168. Journal Entry.

November 5th 1890. }

In the Matter of the Will }

of Nancy Phillips, deceased.} This day an instrument of writing, pur:

porting to be the last Will and Testament

of Nancy Phillips, 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 Josephine Phillips, Eliza Jane Baker and Jemima A.

C. Mills next of kin of the Testatrix, resident of the State of Ohio,

that said application will be for hearing before this Court on the 10th day

of November- 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.}

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Nancy Phillips late a resident of the Township of Radnor in said

County, died on or about the 18th day of October A.D. 1890. leaving an

instrument in writing, hereto attached, puprporting to be her last Will and

Testament: That the said Nancy Phillips died leaving no widower

and the following named persons her only next of kin resident of the

State of Ohio.

Name Degree of Kinship P. O. Address

Josepheus F. Phillips Son Delaware Ohio

Eliza Jane Baker Daughter Radnor Ohio

Jemima A.C. Mills` " Logan 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 accord:

ing to law of the pending of said proceedings.

Joseph Baker.

The foregoing application was signed in my presence and sworn to

before me, this 5th day of November. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (110)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (110)

Description

[page 110]

[corresponds to page 81 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nancy Phillips Will 81

The State of Ohio } In Probate Court

Delaware County.ss. }

In the matter of the last Will and Testament

of Nancy Phillips, deceased.

To Joseph Baker:

You are hereby commanded

to notify Josepheus F. Phillips - Eliza Jane Baker and Jemima

A.C. Mills that on the 5th day of November. A.D. 1890. an instru:

ment of writing, purporting to be the last Will and Testament of Nancy

Phillips, 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 10th day November. A.D. 1890.

at 11 o'clock A.M.

Witness my hand and the seal of said Probate Court,

at Delaware Ohio, this 5th day of November. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service

The State of Ohio }

Delaware County, ss.} Joseph Baker being duly sworn, says that

on the 5th day of November. A.D. 1890. he

served the within notice by delivering a true copy thereof to the within

named Josepheus F. Phillips- Eliza Jane Baker and Jemima

A.C. Mills.

Joseph Baker.

Subscribed in my presence and sworn to before me this 10th day of

November. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

November 10th 1890.

In the Matter of the Will }

of Nancy Phillips, deceased,} Be it remembered, that heretofore, to wit: on

the 5th day of November. A.D. 1890. an

instrument of writing purporting to be the last Will and Testament

of Nancy Philliips, 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 giv:

en to Josepheus F. Phillips, Eliza Jane Baker and Jemima A.

C. Mills next of kin of the Testatrix, resident of the State of

Ohio, pursuant to a former order of this Court, thereupon came

William Prichard, one of the subscribing witnesses to said Will,
Delaware County Ohio Will Records Vol. 9 1890-1893 (111)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (111)

Description

[page 111]

[corresponds to page 82 of Delaware County Ohio Will Records Vol. 9 1890-93]


82 Nancy Phillips 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. ~ David W. Jones, the other subscribing witness to

said Will failing to appear this cause is now continued, until the 12th

day of November. A.D. 1890. at 1 o'clock P.M., to take the testimony of

said David W. Jones.

N.F. Overturf

Probate Judge.


Testimony of Witnesses

In Probate Court } In the Matter of Proving the last Will and

Delaware County, Ohio.} Testament of Nancy Phillips, Deceased.


The State of Ohio }

Delaware County.ss. } William Prichard, being duly sworn and examined

present at the execution of the instrument now shown to me, bearing date

the 15th day of October. A.D. 1890. and offered for probate as the last Will

and Testament of Nancy Phillips, late of Radnor Township, in said Coun:

ty of Delaware, deceased, and saw the said Nancy Phillips, 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.

William Prichard.

Sworn to and subscribed by said wintess in open Court, this 10th day of

November. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


The State of Ohio }

Delaware County.ss.} David W. Jones, being duly sworn and examined

as a witness in the above entitiled matter, says; I

was present at the execution of the instrument now shown to me, bearing

date the 15th day of October. A.D. 1890, and offered for probate as the last Will

and Testament of Nancy Phillips, late of Radnor Township, in said Coun:

ty of Delaware, deceased, and saw the said Nancy Phillips, 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.

David W. Jones

Sworn to and subscribed by said witness in open Court, this 12th day

of November. A.D. 1890.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (112)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (112)

Description

[page 112]

[corresponds to page 83 of Delaware County Ohio Will Records Vol. 9 1890-93]


Nancy Phillips Will

Journal Entry

November. 12th 1890.

In the Matter of the Will of}

Nancy Phillips, deceased. } This day came David W. Jones, 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 Nancy Phillips, 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 ad:

mitted to probate, and that the same, together with the testimony of

the witnesses above named, as well as the proceedings had thereon,

entered of record in this Court.

N.F. Overturf

Probate Judge


Copy of Will

In the name of the Benevolent Father of All, I Nancy Phillips,

of Radnor Township, Delaware County, Ohio, of mature age and

of sound mind and memory, do make and publish the following

as my last Will and Testament.


Item 1st

I direct that all my just debts, including expenses of last sick:

ness and funeral expenses be paid out of my estate.

Item 2nd

I give, devise and bequeath to my Daughter Eliza Jane Baker

all the rest, and residue of my estate that may be left after the pay:

ment of my debts etc. as directed in the first item of this Will.

That is I give devise and bequeath to my said daughter Eliza Jane

Baker all the Real and personal property that I may own at the

time of my decease, subject to the payment of my debts etc. as afore:

said: ~ And my said daughter is to see that I have suitable

care nursing etc. during the remainder of my natural lifetime.

I hereby revoke all former Wills or parts of Wills by me

heretofore made.

Witness my signature and seal, this 15th day of October -

in the year of our Lord One Thousand Eight Hundred and Ninety.

Nancy Phillips {Seal}


Signed by the said Nancy Phillips in our presence, and acknowledged

by her to be her last Will and Testament and in our hearing, and signed

by us as witnesses at her request and in her presence and in the

presence of each other on said October 18th 1890.

David W. Jones

William Prichard.


For record of Contract See Page 168.
Delaware County Ohio Will Records Vol. 9 1890-1893 (113)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (113)

Description

[page 113]

[corresponds to page 84 of Delaware County Ohio Will Records Vol. 9 1890-93]

84 Henry Behrens Will

4797 Journal Entry

November 20th 1890

In the Matter of the Authenticated }

Copy of the Last Will and Testament }

of Henry Behrens - late of Marion }

County. Ohio. Deceased. } An authenticated copy of the last

Will and Testament of Henry

Behrens, late of Marion County, Ohio, deceased, and the order

of probate of same, in said County - were there day presented to this

Court for record. Whereupon, the Court finding that certain

real estate devised by said Will is situated in Delaware County

hereby admits said copies to record, as provided by law, in such cases.


Will

In the name of the benevolent Father of All:

I Henry Behrens of Prospect Township, Marion County,

Ohio, do make and publish this my last Will and Testament

1st I give to my son Frank the farm on which I now reside Sit:

uated in Prospect Towhship, Marion County, Ohio, and all of the

horses on the place, (Provided)

If there is more than two horses Frank shall give my Daughter

Emma one and the balance whatever the number is shall be his,

also one half of the cattle, one half of the hogs, and one half of the House:

hold furniture. Bed and Bedding he giving one half to his sister Em-

ma and retaining one half himself, as they may divide it.

Also give to Frank all farming implements on said farm such waggon

harness Mower Reaper and all such on the farm.

2nd I give to my Daugher Emma the fifty acres laying on the

State Road in Thompson Township- Delaware County Ohio and

Four of the Wood land joining Levi Knachel on the west and the south

line of said four acres running East and West shall commenced twenty

feet south of the North West corner of the fifty acre Lot lying on the

State road, and run West for enough that when the west line is

run north to land owned by Haywood Morison, that it will contain

four acres of the Woods land.

3rd I give to my daughter Ella the remaining forty one acres of the

forty five acre Lot situated in Thompson Township, Delaware Coun:

ty- Ohio.

It is my will that my son Frank and Daugher Emma pay

all my just debts.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 28th day of September in the year 1889.

H. Behrens.


Signed and acknowledged by said Henry Behrens as his last
Delaware County Ohio Will Records Vol. 9 1890-1893 (114)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (114)

Description

[page 114]

[corresponds to page 85 of Delaware County Ohio Will Records Vol. 9 1890-93]


Henry Behrens Will 85


Will and Testament in our presence and signed by us in his

presence.

Alvin D. Mohr

John W. Statler


In the Matter of the last Will } In Probate Court - Marion County, Ohio-

and Testament of Henry Behrens } Will Presented- Proven and Admitted to

Deceased. } Probate and Record-

July 5th A.D. 1890.

The last Will and Testament of Henry Behrens late of Prospect Town:

ship in this County- deceased, was this day presented to the Court for

probate and record, and it appearing to the Court that all the next

of kin of said decedent, have been duly notified of the presentation of

said Will for probate and are now present in Court.

Thereupon Alvin D. Mohr and John W. Stattler subscribing witnesses

to said Will appeared in open Court and were duly sworn and examin:

ed according to law, and their testimony thereon was reduced to writ:

ing and filed. ~ And it appearing to the Court from the testimony

so taken that 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 that the same to:

gether with the testimony as taken, be recorded according to the

Statute in wuch cases made and provided.

J.H. Criswell, Probate Judge.


Certificate of Will

The State of Ohio }

Marion County. } I, J.H. Criswell, Sole Judge and ex-Of:

for the County of Marion do hereby certify that the foregoing is a true

copy of the last Will and Testament of Henry Behrens, deceased,

late of said Marion 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 Marion Ohio

this 18th day of November. A.D. 1890.

J. H. Criswell

{Seal} Probate Judge and

ex Officio Clerk.

Will Probated. July 5 A.D. 1890.

Will Recorded Vol. b. Page 397.
Delaware County Ohio Will Records Vol. 9 1890-1893 (115)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (115)

Description

[page 115]

[corresponds to page 86 of Delaware County Ohio Will Records Vol. 9 1890-93]


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 Court to Probate

Hannah Wilson, deceased

To the N.F. Overturf Judge of the Pro=


bate Court in and for said County:

Your petitioner respectfully represents that


Hannah Wilson late a resident of the Township of Delaware in


said County died on or about the 24th day of August A. D. 1890 leav:

ing an instrument in writing, hereto attached, purporting to be her last

Will and Testament: That the said Hannah Wilson died leaving

William Wilson widower and no persons her only next of kin resident

of the State of Ohio:

Your petitioner prays that a time may be fixed for the proving of

said Will.

Wm Wilson

The foregoing application was signed in my presence and sowrn to before

me, this 1st day of September A.D. 1890

{Seal} N.F. Overfurf

Probate Judge

I, the undersigned widower of the within named decedent, hereby waive

further notice and consent to the probate of said Will.

Dated this 1st day of September A.D. 1890

Wm Wilson

Journal Entry

September 1st 1890

In the Matter of the Will }

of: Hannah Wilson, deceased }

This day an instrument of writing, purport:

ing to be the last Will and Testament of Hannah Wilson, 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 Wm Wil:

son - widower of Hannah Wilson, deceased, and in writing, waived Notice

and consented to the Probate of said Will there being no next of kin

resient of the State of Ohio

And it appearing to the Court that S.C. Westcott and C. H. Cline

the subscribing witnesses to said Will are residents of Allegheny Coun:

ty. Pennsylvania and are without the jurisdiction of this Court,

it is therefore ordered that a commission, with the Will annex:

ed, issue herein to John McCready of Allegheny County, Penn:

sylvania, directing him to take the depositions of said subscribing
Delaware County Ohio Will Records Vol. 9 1890-1893 (116)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (116)

Description

[page 116]

[corresponds to page 87 of Delaware County Ohio Will Records Vol. 9 1890-93]



Hannah Wilson Will



witnesses, and return the same, duly certifed, with all convenient

speed to this Court.

N.F. Overturf

Probate Judge

"Copy of Will"

In the name of God Amen.

I, Hannah Wilson of the Borough of Chartiers, in the Coun:

ty of Allegheny and State of Pennsylvania, being of sound mind,

memory, and understanding, do make and publish this my last

Will and Testament in manner and form following:

I give, devise and bequeath unto my beloved Husband William

Wilson his heirs and assigns forever, all my property, real personal,

and mixed, of what nature or kind soever and wheresoever the same

shall be at the time of my death.

And I do nominate, constitute and appoint my said Husband

William Wilson, sole Executor of this my last will and testament

In witness whereof, I, Hannah Wilson, the Testatrix, have to

this my will written in one sheet of paper, set my hand and seal, this

25th day of April. A.D. one thousand Eight hundred and Eighty

three.

Signed, sealed published and }

declared by the above named } Hannah Wilson {Seal}

Hannah Wilson as and for }

her last Will and Testament, } S. C. Wescott

in the presence of us who have } C. H. Cline

hereunto subscribed our names } C.A. Shannon

at her request as witnesses }

thereto in presence of the said }

Testatrix and of each other }

Commission Filed Oct 15/90 - not executed

To take Testimony of: Witnesses to Will

The State of Ohio }

Delaware County ss. } J. John McCready, Gretting:

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 S. C. Wescott and C.H. Cline subscribing

witnesses to the last Will and Testament of Hannah Wilson here:

to 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 that said S.C. Wescott and C.H. Cline

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 Hannah Wilson and that you reduce such

examination to writing, and return the same, together with this
Delaware County Ohio Will Records Vol. 9 1890-1893 (117)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (117)

Description

[page 117]

[corresponds to page 88 of Delaware County Ohio Will Records Vol. 9 1890-93]


Hannah Wilson Will


Commision and the Will of the said Hannah Wilson thereto an:

nexed, closed up under your seal, into our said Probate Court, with all

convenient speed.

In Testimony Where of, 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 1st day of September A.D.

1890

N.F. Overturf

{seal} Probate Judge

Journal Entry

October 15th 1890

In the Matter of the Will of: }

Hannah Wilson -deceased } The Commission heretofore issued herein to

take the testimony of S.C. Wescot and C.H.

Cline the subscribing witnesses to the Will of said Hannah Wilson

deceased, having been returned without being executed, for failure to find

the said S.C. Wescott and C.H. Cline. And it now appearing to the

Court that S.C. Wescott one of said subscribing witnesses is a resident

of Bellaire, Belmont County, Ohio and is without the jurisdiction of

this Court, it is therfore ordered that a Commission, with the Will an:

nexed issue herein to John A. Galleher of Bellaire Belmont 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.

N.F. Overturf

Probate Judge


Commission

To take Testimony of: Witness to Will Filed Nov 1"/90

The State of Ohio } To John A. Galleher, 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 au:

thority to examine and take the deposition of S. C. Wescott one of the subscribing

witnesses to the last Will and Testament of Hannah Wilson hereto annexed

late of the County of Delaware, in the State of Ohio, deceased; and there:

fore we command you, that at certain, days and places appointed by you, you cause

the said S.C. Wescott 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 Hannah Wilson and that you reduce such

examination to writing, and return the same, together with this Com:

mission and the Will of the said Hannah Wilson therto annexed, closed up

under your seal, into our said Probate Court with all convenient speed.

In Testimony Wherefore, 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 15th day of October A. D. 1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (118)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (118)

Description

[page 118]

[corresponds to page 89 of Delaware County Ohio Will Records Vol. 9 1890-93]



Hannah Wilson Will

Deposition of: Witness to Will Filed Nov 1/90

The State of Ohio } In the Matter of = the last Will and Testament

Belmont county ss. } of Hannah Wilson

Personally appeared before me John A. Galleher, Commissioner, S.C.

Wescott, one of the subscribing witnesses to the last Will and Testament

of Hannah Wilson late of Delaware 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 rela:

tion to the execution of said Will, deposes and says: That he was present

at the execution of the paper before him bearing date the 25th day of

April A.D. 1883, purporting to be the last Will and Testament of

Hannah Wilson now deceased, whose name is signed at the end there:

of, 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 Hannah Wilson

sign and seal said Will, and heard her acknowledge the same to be her

last Will and Testament, and that the said Hannah 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.

S.C. Wescott

The State of Ohio }

Belmont County, ss. } I, John A. Gallaher, 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 S. C. Wescott one of the subscribing witnesses to

the last Will and Testament of Hannah Wilson, deceased, late a res:

ident of said County and State, which Commission, and the said

commission I caused the above named S.C. Wescott sub:

scribing witness as aforesaid to appear before me, at Bellaire

Ohio, on the 28th day of October, 1890, 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 pres:

ence, 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 where of I have

hereunto set my hand, this 28th day of October A. D. 1890.

John A. Gallaher

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (119)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (119)

Description

[page 119]

[corresponds to page 90 of Delaware County Ohio Will Records Vol. 9 1890-93]


Hannah Wilson Will

Journal Entry

November 1st 1890 }

In the Matter of the Will of: }

Hannah Wilson, deceased } The Commission heretofore issued herein

to take the testimony of S.C. Wescott, one

of the subscribing witnesses to the Will of Hannah Wilson, deceased,

was this day returned, duly executed, and the same was filed herein.

And this matter is now continued until the 6th day of December.

A.D. 1890. to ascertain the residence of C.H. Cline, the other sub:

scribing witness to said Will.

N.F. Overturf

Probate Judge

Jounal Entry

December 6th 1890 }

In the Matter of the Will of: }

Hannah Wilson, deceased } It now appearing to the Court that C.

H. Cline, one of the subscribing witnesses

to said Will is a resident of Meadville, Pennsylvania, and is without

the jurisdiction of this Court, it is therefore ordered that a Commission

with the Will annexed, issue herein to H.M. Dickson of Meadvill

Pennsylvania, directing him to take the deposition of said subscribing

witness C.H. Cline, and return the same duly certifed, with all

convenient speed, to this Court.

N.F. Overturf

Probate Judge


Commission Filed Dec 26/90

To take Testimony of Witness to Will

The State of Ohio } J. H. M. Dickson, 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 deposionn of C. H. Cline subscribing

witness to the last Will and Testament of Hannah Wilson hereto

annexed late of the County of Alleganey, in the State of Pennsylvania,

deceased; and therefore we command you, that at certin days and places ap:

pointed by you, you cause the said C.H. Cline 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 Hannah Wilson and that

you reduce such examination to writing, and return the same, together with

this Commission and the Will of the said Hannah Wilson 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, at

Delaware this 6th day of December A. D. 1890.


{Seal} N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (120)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (120)

Description

[page 120]

[corresponds to page 91 of Delaware County Ohio Will Records Vol. 9 1890-93]


Hannah Wilson Will

Depositon of Witness to Will Filed Dec 26/90

The State of Pennsylvania } In the Matter of the last Will and Testament

Crawford County, ss. } Of Hannah Wilson

Personally appeared before me H. M. Dickson Commissioner, C.H.

Cline one of the subscribing witnesses to the last Will and Testament

of Hannah Wilson late of Delaware 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 rela:

tion to the execution of said Will, deposes and says: That he was pres:

ent at the exucution of the paper before him bearing date the 25th day of

April A. D. 1883 purporting to be the last Will and Testament of

Hannah Wilson 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 Han:

nah Wilson sign and seal said Will, and heard her acknowledge the

same to be her last Will and Testament, and that the said Hannah

Wilson was at the time of making, signing and sealing said Will, of

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

C.H. Cline

The State of Pennsylvania }

Crawford County, ss. } I, H.M. Dickson, 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 tes:

timony of C. H. Cline one of the subscribing witnesses to the last Will

and Testament of Hannah Wilson, 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 Commission I

caused the above named C.H. Cline subscribing witness as afore:

said to appear before me, at Meadville on the 23rd day of December 1890,

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 ex:

amined 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 23rd day of December A.D. 1890.

H.M. Dickson

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (121)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (121)

Description

[page 121]

[corresponds to page 92 of Delaware County Ohio Will Records Vol. 9 1890-93]


Hannah Wilson Will

Journal Entry

December 26th 1890. }

In the Matter of the Will of: }

Hannah Wilson - deceased }

The Commission heretofore issued here:

in on Dec 6th 1890, to take the testimony of C.H. Cline, one of the

subscribing witnesses to said Will of Hannah Wilson, was this day

returned, duly executed, and the same was filed herein.

Whereupon the Court find that William Wilson, widower of said

Hannah Wilson, deceased, (there being no next of kin) has in

writing, consented to the probate of said Will and also finds from the

depositions filed herein of S.C. Wescott and C. H. Cline two of the

subscribing witnesses to said Will, that the aforesaid instrument of

of writing is the last Will and Testament of said Hannah Wilson

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 depositions 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 Wilson, widower of said de:

cedent to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (122)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (122)

Description

[page 122]

[corresponds to page 93 of Delaware County Ohio Will Records Vol. 9 1890-93]


Mary Cleveland's Will

Journal Entry


November 24th 1890 }

In the Matter of the Will of: }

Mary Cleveland - deceased } This day, an instrument of writing, pur:

porting to be the last Will and Testament,

of Mary Cleveland, late of Marlborough 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 to the

same to probate and record, be given to A. B. Cleveland.

Josiah Osborne - Addison Osborne - Jefferson Osborne -

James Osborne - Bell Owen and Bell Griffiths,

(Silas H. Cleveland and W. B. Cleveland having in writing

waived 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 before hearing before this Court on the 10th day

of December A. D. 1890, at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Application for Probate of Will Filed Nov 24/90

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: }

Mary Cleveland - deceased }

To the Hon. N.F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Mary Cleveland late a resident of the Township of Marlborough

in said County, died on or about the 29 day of October A. D. 1890.

leaving an instrument in writing, hereto attached, purporting to be

her last Will and Testament: That the said Mary Cleveland

died leaving no widower and the following named persons her only next of

kin resident of the State of Ohio.

Name Degree of Kinship P.O. Address

Silas H. Cleveland Son Norton Ohio

A.B. Cleveland " Columbus Ohio

W.B. Cleveland " Norton Ohio

Josiah Osborne " Cincinnati O

Addison Osborne Grand Son Cleveland O

Jefferson Osborne " " Marion O

James Osborne " " " "

Bell Owen Grand Daughter Owen Station O.

Bell Griffith " " Kenton O
Delaware County Ohio Will Records Vol. 9 1890-1893 (123)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (123)

Description

[page 123]

[corresponds to page 94 of Delaware County Ohio Will Records Vol. 9 1890-93]

Mary Cleveland's Will

Your petitioner prays that a time may be fixed for the hearing of said

Will, and that said above named persons may be notified accord-

ing to law of the pending of said proceedings

S. H. Cleveland

The foregoing application was signed in my presence and sworn to before

me this 24th day of November A.D. 1890

N. F. Overturf

{Seal} Probate Judge

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 27 day of November A.D. 1890

S. H. Cleveland

W. B. Cleveland

Notice

The State of Ohio } In Probate Court

Delaware County ss. }

In the Matter of the last Will and Testa-

ment of Mary Cleveland deceased.

Silas H. Cleveland

You are hereby commanded to no-

tify A. B. Cleveland, Josiah Osborne, Addison Osborne, Jef-

ferson Osborne and James Osborne Bill Owen Bell Grif-

fith that on the 24th day of November A.D. 1890 an instrument

of writing purporting to be the last will and Testament of Mary

Cleveland late of Marlborough 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 appli-

cation will be for hearing before this Court on the 10th day of Decem-

ber A.D. 1890 at 10 o'clock A.M.

Witness my hand and the seal of said Probate

Court at Delaware Ohio this 24th day of November A.D. 1890

N. F. Overturf

{Seal} Probate Judge


Proof of Service filed Dec. 10/90

The State of Ohio }

Delaware County ss. } Silas H. Cleveland being duly sworn says

that on the 26 & 28 days of November A.D. 1890

and on the 1 & 2 days of December 1890 he served the within order by de-

livering a true copy thereof to the within named persons respectively

Alexander B. Cleveland. Josiah Osborne. Bill Griffiths, Bill

Owens James Osborne and Jefferson Osborne -

Addison Osborne not served

S. H. Cleveland
Delaware County Ohio Will Records Vol. 9 1890-1893 (124)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (124)

Description

[page 124]

[corresponds to page 95 of Delaware County Ohio Will Records Vol. 9 1890-93]

` 95

Mary Cleveland's Will

Subscribed in my presence and sworn to before me this 10th day

of December A.D. 1890

N. F. Overturf

Probate Judge

Journal Entry

December 10th 1890

In the Matter of the Will }

of Mary Cleveland deceased }

Be it remembered that heretofore to wit

on the 24th day of November A.D. 1890 an instrument of writing

purporting to be the last Will and Testament of Mary Cleveland

late of Marlborough Township 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 A. B.

Cleveland, Josiah Osborne, Jefferson Osborne, James

Osborne - Belle Owen and Belle Griffiths Silas

H. Cleveland and W. B. Cleveland having waived Notice ) next

of kin of the Testatrix resident of the State of Ohio pursuant

to a former order of this Court.

And it appearing to the Court that Addison Osborne has

not had service upon him this matter is continued until the 20th

day of January A.D. 1891. at 10 o'clock A.M. to obtain ser-

vice upon said Addison Osborne

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 Mary Cleveland deceased

To Silas H. Cleveland

You are hereby commanded to notify

Addison Osborne that on the 24th day of November A.D. 1890

an instrument of writing purporting to be the last Will and Testament

of Mary Cleveland late of Marlborough 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 January A.D. 1891, at 10 o'clock A.M.

Witness my hand and the seal of said Pro-

bate Court at Delaware Ohio this 10th day of December A.

D. 1890.

{Seal} N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (125)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (125)

Description

[page 125]

[corresponds to page 96 of Delaware County Ohio Will Records Vol. 9 1890-93]

96

Mary Cleveland's Will

Proof of Service Filed Dec 27/90

The state of Ohio }

Delaware County ss. } Silas H. Cleveland being duly sworn

that on the 22 day of Dec. A.D. 1890

served the within notice by delivering a true copy thereof to the

named Addison Osborne

S. H. Cleveland -

Subscribed in my presence and sworn to before me this 27th day of

December A.D. 1890

{Seal} N. F. Overturf

Probate Judge


Journal Entry

January 2nd 1891.

In the Matter of the Will of }

Mary Cleveland deceased }

This day this matter came on to be

heard and the Court being satisfied 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 Addison Osborne as here

before ordered on the 10th day of December A.D. 1890.

And it appearing to the court that Stephen L. Grigsby and Wm.

H. Miller the subsacribing witnesses to said Will are residents of

Circleville, Pickaway 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 A. A. J. Grigsby of

Circleville Pickaway County Ohio directing him to take the

depositions of said subscribing witnesses and return the same, duly

certified, with all convenient sped to this Court.

N. F. Ovwerturf

Probate Judge


Commission Filed Jan 8/91

To Take Testimony of Witnesses to Will

The State of Ohio }

Delaware County ss. }

To A. J. Grigsby; Greeting.

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 Stephen S. Grigsby and Wm. H.

Miller subscribing witnesses to the last Will and Testament of

Mary Cleveland thereto annexed, late of the County of Dela-

ware in the State of Ohio, deceased; and therefore we command

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

the said Stephen S. Grigsby and Wm. H. Miller to be

brought before you and then and there to examine them on oath
Delaware County Ohio Will Records Vol. 9 1890-1893 (126)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (126)

Description

[page 126]

[corresponds to page 97 of Delaware County Ohio Will Records Vol. 9 1890-93]

97

Mary Cleveland's Will

or affirmation first taken before you, touching the due execution

of said Will of the said Mary Clveland and that you re-

duce such examination to writing and return the same to-

gether with this Commission and the Will of the said Mary

Cleveland 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, at Delaware Ohio this

2nd day of January A.D. 1891.

N. J. Overturf

{Seal} Probate Judge

Copy of Will

In the name of the Benevolent Father of All

I Mary Cleveland of the City of Circleville in the

County of Pickaway and State of Ohio being of sound and dis-

posing mind and memory do make and publish this my last

will and testament

Item First - I desire that all my just debts and funeral expenses be

first paid.

Item Second - I give and bequeath to Alexander B. Cleveland, Silas H.

Cleveland and William B. Cleveland, my children by my second

husband, all my property of every kind and description, that may

be left after the payment of my just debts and funeral expenses

the same to be divided equally among them.

Item Third - My children by my first husband having received their por-

tion of their father's estate, I desire that they shall not re-

ceive any portion of my estate

Item Fourth - I hereby nominate and appoint Silas H. Cleveland

executor of this my last will and testament.

I hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 14th day of November A.D. 1883

her

Mary X Cleveland {Seal}

mark


Signed and acknowledged by the said Mary Cleveland, as

her last Will and Testament in our prsence, and at her re-

quest signed by us in her presence

Stephen L. Grigsby

Wm. H. Miller
Delaware County Ohio Will Records Vol. 9 1890-1893 (127)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (127)

Description

[page 127]

[corresponds to page 98 of Delaware County Ohio Will Records Vol. 9 1890-93]

98

Mary Cleveland's Will

Deposition of Witnesses to Will Filed Jan 8/91

The State of Ohio } In the Matter of the last Will and Testament of

Pickaway County ss. } Mary Cleveland

Personally appeared before me A. J. Grigsby Commissioner Steph-

en L. Grigsby and Wm. H. Miller subscribing witnesses to the last Will

and Testament of Mary Cleveland late of Marlborough 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 depose and say

that they were present at the execution of the paper before them bear-

ing date the 14th day of November A.D. 1883, purporting to be the

last Will and Testament of Mary Cleveland now deceased whose name

is signed at the end thereof and at the request of said deceased, subscribed

their names to the same as witnesses in her presence, that they saw

the said Mary Cleveland sign and seal said Will and heard her ac-

knowledge the same to be her last Will and Testament and that the said

Mary Cleveland at the time of making, signing and sealing said

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

restraint.

Stephen L. Grigsby

Wm. H. Miller

The State of Ohio }

Pickaway County ss. } I, A. J. Grigsby duly appointed and comis-

sioned by the Judge of the Probate Court of

the County of Delaware and the State of Ohio to take the tes-

timony of Stephen L. Grigsby and Wm. H. Miller subscribing

witnesses to the last Will and Testament of Mary Cleveland, 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 Stephen L.

Grigsby and Wm. H. Miller subscribing witnesses as aforesaid to

appear before me at Circleville, Ohio on the Fifth day of Jan-

uary 1891, 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 pres-

ence 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 Fifth day of January A.D. 1891

A. J. Grigsby

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (128)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (128)

Description

[page 128]

[corresponds to page 99 of Delaware County Ohio Will Records Vol. 9 1890-93]

99

Mary Cleveland's Will

Journal Entry

January 8th 1891

In the Matter of the Will }

of Mary Cleveland - deceased }

The Commission heretofore issued herein

to take the testimony of Stephen L. Grigsby and Wm. H. Miller

the said subscribing witnesses to the Will of said Mary Cleveland

deceased was this day returned duly executed and the same was

filed herein

Whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Mary Cleveland,

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 depositions 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (129)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (129)

Description

[page 129]

[corresponds to page 100 of Delaware County Ohio Will Records Vol. 9 1890-93]

100

George D. Williams Will

4 8 14 Journal Entry

January 5th 1891 }

In the Matter of the Will of }

George D. WIlliams, deceased } This day an instrument of writing pur-

porting to be the last Will and Testa-

ment of George D. Williams, late of Harlem Township in this

County, deceased, was produced in open Court for Probate. In 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 Hannah Williams, widow,

and Anna Miller - Caroline Moore - Mitchel S. Williams hav-

ing 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 9th day of Jan-

uary A.D. 1891, at ten o'clock A.M.

N. F. Overturf

Probate Judge


Application for Probate of Will Jany. 5th 1891

The State of Ohio }

Delaware County ss. } In Probate Court

In the Matter of the last Will }

and Testament of George D. } Application to Admit to Probate

Williams - deceased }
To the Hon. N. F. Overturf, Judge of

the Probate Court in and for said County

Your petitioner respectfully represents

that George D. Williams late a resident of the Township

of Harlem in said County decd on or about the 29th day of De-

cember A.D. 1890 leaving an instrument in writing hereto attached,

purporting to be his last Will and Testament: That the said

George D. Williams died leaving Hannah Williams widow

and the following named persons his only next of kin resident of the

State of Ohio

Name Degree of Kinship P. D. Address

Anna Miller Daughter Harlem Ohio

Caroline Moore " Gahanna "

Kate Keeler " Ogden Utah

Anna Williams

James L. Williams McDonald Kans.

Mitchel L. Williams Harlem Ohio


{Anna Williams }

{and her heirs Legatees }

Your petitioner prays that a time may be fixed for the proving
Delaware County Ohio Will Records Vol. 9 1890-1893 (130)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (130)

Description

[page 130]

[corresponds to page 101 of Delaware County Ohio Will Records Vol. 9 1890-93]

101

George D. Williams Will


of said Will and that said above named persons may be notified ac-

cording to law of the pending of said proceedings

Mitchel L. Williams

The foregoing application was signed in my presence and sworn

to before me this 5th day of January A.D. 1891

{Seal} N. F. Overturf

Probate Judge

Waiver

We, the undersigned next of kin of the within named deceased,

hereby waive further notice and consent to the Probate of said

Will:

Dated this 5th day of January A.D. 1891.

Mitchel L. Williams

Notice Ret'd. Jany. 9/91

The State of Ohiho } In Probate Court

Delaware County ss. }

In the Matter of the last Will and

Testament of George D. Williams, deceased.

To Mitchel L. Williams

You are hereby comanded to not-

ify Anna Miller - Caroline Moore and Hannah Wil-

liams widow that on the 5th day of January A.D. 1891, an in-

strument of writing purporting to be the last Will and Testament

of George D. Williams late of Harlem Township, in said

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 9th day of January A.D. 1891, at 10 o'clock A.

M.

Witness my hand and the seal of said Probate Court,

At Delaware, Ohio this 5th day of January A.D. 1891.

{Seal} N. F. Overturf

Probate Judge


We the undersigned persons within named hereby acknowledge

service of the within notice this 6th day of January A.

D. 1891.

A. A. Miller

Caroline Moore

Hannah Williams
Delaware County Ohio Will Records Vol. 9 1890-1893 (131)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (131)

Description

[page 131]

[corresponds to page 102 of Delaware County Ohio Will Records Vol. 9 1890-93]

102

George D. Williams Will

Probate of Will Filed, Jany 19/91


The State of Ohio } In Probate Court

Delaware County,ss.}

Personally appeared in open Court Amanda

Carter and M.P. Carter the subscribing witness to the last Will

and Testament of Geo. D. Williams, late of Harlem 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 the Will, depose and say: That the

paper before them bearing date the 25th day of August. A.D. 1887.

purporting to be the last Will and Testament of George D. Wil:

liams 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 Geo. D. Wil:

liams deceased sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

Geo. 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.

Amanda Carter

M.P. Carter

Sworn to and subscribed by said wintesses, in open Court, this 9th

day of January. A.D. 1891

N.F. Overturf

{Seal} Probate Judge


Journal Entry

January. 9th 1891

In the Matter of the Will }

of George D. Williams, deceased} Be it remembered, that heretofore, to wit:

on the 5th day of January. A.D.

1891, an instrument of writing, purporting to be the last Will and Tes:

tament of George D. Williams, late of Harlem 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: had

been given to Hannah Williams, widow, Anna Miller- Caroline

Moore and Mitchel L. Williams next of kin of the Testator, resi:

dent of the State of Ohio pursuant to a fomer order of this Court,

thereupon, on this day came Amanda Carter and M.P. Carter

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 the Court finds that the

aforesaid instrument of writing is the last Will and Testament of

said George D. Williams, deceased. That the same was
Delaware County Ohio Will Records Vol. 9 1890-1893 (132)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (132)

Description

[page 132]

[corresponds to page 103 of Delaware County Ohio Will Records Vol. 9 1890-93]

George D. Williams Will 103

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 proceeding had thereon, be entered of record in this

Court.

Citation ordered and issued to Hannah Williams, 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, I, George D.

Williams of Harlem County of Delaware and State of Ohio.

do make and publish this my last Will and Testament.

Item 1st

I give and devise to my beloved wife Hannah Williams all of

my estate both personal and real during her natural life after

paying all my just debts.

Item 2nd

At the death of my said wife I give and devise that the remain:

der of my estate shall be devided equley between my Children.

Anna Miller- Carlina Moor Kate Keeler Anna Wil:

liams and her Heirs and Mitchel L. William.

Item 3rd

I do hereby nominat and appoint James L. Williams and Mitch:

el L. Williams Executors of this my last Will and Testament

Hereby authorizing and empowering them to compromise, adjust

release and discharge in such manner as they may deem

propper the debts and Claims due me

In testimony hereof I have hereunto set my hand and seal

this 25th day of August in the year 1887.

Geo. D. Williams - {Seal}

Signed and acknowledged by said George D. Williams as his

last Will and Testament in our Presence and signed by us in

his Presence

Amanda Carter

M.P. Carter-
Delaware County Ohio Will Records Vol. 9 1890-1893 (133)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (133)

Description

[page 133]

[corresponds to page 104 of Delaware County Ohio Will Records Vol. 9 1890-93]


104 John M. Edwards Will

1816 Journal Entry

January. 12th 1891.

In the Matter of the Will}

of John M. Edwards ~. }

An authenticatd copy of the last Will

and Testament of John M. Edwards - late of Fayette Coun:

ty, 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 of

John M. Edwards - Deceased.

The Last Will and Testament of John M. Edwards.

I John M. Edwards, of Marlboro Mass, but now temporarily of

Fayette County. Ohio, being of sound and disposing mind and memory

and knowing the uncertainty of life, revoking all former Wills, do here:

by declare my Last Will and Testament as follows:


Item 1.

I wish all my just debts to be paid out of the first proceeds of my

estate, including those mentioned in a written memorandum signed

by me and attached to this Will.

Item 2.

I have in my keeping belonging to my wife Amelia S. Edwards,

about ninety nine hundred (9900) Dollars more or less, according

to a book account kept in my own hand writing, and now in her pos:

session. This I direct to be paid to her in full before the bequests

hereinafter mentioned are paid even in part. There is a Paid

up Policy on my life in the Mutual Benefit of Newark N.J.

(already secured to her by me) of eight Hundred and thirty three

(833) dollars. I would make further provision for her, but that

she is possessed of other property in her own right - she knowing and ap:

proving the provisions of this will.

Item 3.

I give to my son William Henry Edwards the Two Thous:

and Dollars which he now has, belonging to me, and for which I hold

his note.

Item 4.

I give and bequeath to my son Charles Wellington Edwards,

my lot with buildings thereon situated in Delaware Ohio, convey:

ed to me by deed recorded in Vol 88. Page 32. Delaware Co. Ohio

Records.

Item 5.

I give and bequeath the remainder of my estate in equal shares

to my two sons aforesaid in which division my son Charles W.

is to take my farm situated near Bloomingberg Ohio at a

valuation of Six Thousand Dollars - said farm being convey:

ed to me by deeds recorded in Vol. 'H' page 56 and in Book 7.

page 154 etc. Fayette Co. Records should my personal estate, exclu-

sive of the $2000 ~ bequeathed in item 3 not equal Six thousand
Delaware County Ohio Will Records Vol. 9 1890-1893 (134)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (134)

Description

[page 134]

[corresponds to page 105 of Delaware County Ohio Will Records Vol. 9 1890-93]

John M. Edward's Will 105

dollars, the division provided for in this item to be delayed until

it does.

Item 6.

I direct that there be no inventory made of my chattel except money or the
estates property

or sale of it ~ but that it be distributed in accordance with any

written memorandum that I may hereafter make and sign for

that purpose, or in the absence of such memorandum, as my wife may

judge best.

Item 7.

I hereby appoint my two sons William H. and Charles W. Ed:

wards, executors of this my Last Will and Testament, and request

that their bonds be accepted without sureties

Item 8.

I wish this Will to be admitted to probate and record in Fay-

ette County, and an authenticated Copy to be recorded in Dela-

ware Ohio County records.

In testimony whereof I hereto sign my name this

Fourth day of July. 1890.

John M. Edwards


We hereby certify that John M. Edwards being personally known

to us, in our presence acknowledged the signing of the foregoing in:

strument of writing, declaring it to be his last Will and Testa:

ment, and we in the presence of him and of each other hereto sign

our names, this Fourth day of July, 1890. Interlination in

Item 6 made before acknowledgedment.

Henry H. Edwards

James M. Edwards


My Debts as referred in Item 1 of my Will of this date:

1. I have in my hands and owe about $1867 Dollars more or less,

belonging to Sarah Blance Waddell as the Legatee of Arabella

W. Waddell, as per her Will. Highland County. Probate Nov.

8. 1875. the same being shown in my account with the estate.


2. I owe Charles E. Wright of Marlborough Mass. Twenty two

Hundred (2200) Dollars, with interest as per my note to him

John M. Edwards.


Journal I. Page 487


In the Matter of the Will of} In Probate Court of Fayette

John M. Edwards deceased } County Ohio.

November 26' 1890.

This day an instrument of writing purporting to be the last Will

and Testament of John M. Edwards late of Marlborough Mass.

deceased, was produced in open Court for probate. On consideration

Whereof it is ordered that said Will be filed in this Court, and

that due Notice thereof and of the application to admit the same to pro:
Delaware County Ohio Will Records Vol. 9 1890-1893 (135)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (135)

Description

[page 135]

[corresponds to page 106 of Delaware County Ohio Will Records Vol. 9 1890-93]

106 John M. Edwards' Will

bate and record be given to Amelia S. Edwards, widow of said John

M. Edwards, whose Post Office address is Marlborough Mass.

and William H. Edwards son of said decedent whose Post Office

address is Chicago Ill. and Charles W. Edwards son of said decedent

whose Post Office address is Delaware Ohio. All the next of kin

of the Testator resident as aforesaid that said application will be for

hearing before this Court on the 10th day of December 1890. at 10 o'clock

A.M.

Thos. D. McElwain

Probate Judge.


And aftgerwards to wit on the 5" day of December A.D. 1890.

Waiver of Amelia S. Edwards was filed herein words and figure

following, to wit:

We Amelia S. Edwards of Marlborough Mass. widow of

John M. Edwards of said place deceased, Wm. H. Edwards

of Chicago Illinois and Charles W. Edwards of Delaware

Ohio sons of said John M. Edwares, deceased, hereby waive

Notice of the time and place of Probate of the Last Will and Tes

tament of said John M. Edwares, decd. And consent to the Pro:

bate thereof at the Probate Court of Fayette County Ohio on the

13" day of December A.D. 1890. Hereby waiving any question of the

place of Original Probate there may be, and asking the Probate

Court of said County and State to take the testimony of Witness:

es and enter said Will of Probate in said County in accordance

with the laws of the State of Ohio at the time named herein as

per request of Testator.

Witness our hands this first day of December A.D. 1890

Amelia S. Edwards.

And afterwards on said 5" day of December A.D. 1890.

Waiver of Charles W. Edwards was filed herein in words and fig:

ures following to wit:

We Amelia S. Edwards of Marlborough Mass, widow of John

M. Edwards of said place deceased, Wm. H. Edwards of Chi:

cago Illinois and Charles W. Edwards of Delaware Ohio

sons of said John M. Edwares deceased, hereby waive Notice of

the time and place of Probate of the Last Will and Testament of

said John M. Edwards deceased and consent to the Probate there:

of at the Probate Court of Fayette County Ohio on the 13"

day of December. A.D. 1890. hereby waiving any question of

the place of original Probate there may be, and asking the Pro:

bate Court of said County and State to take the testimony of

witnesses and enter said Will of Probate in said County in

accordance with the laws of the State of Ohio at the time

named herein as per request of Testator.

Witness our hands this 2" day of December A.D. 1890.

Charles W. Edwards
Delaware County Ohio Will Records Vol. 9 1890-1893 (136)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (136)
Delaware County Ohio Will Records Vol. 9 1890-1893 (137)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (137)

Description

[page 137]

[corresponds to page 108 of Delaware County Ohio Will Records Vol. 9 1890-93]

108 John M. Edwards Will

before me.

Thos. D. McElwain

Probate Judge


Testimony of Witness to Will

The State of Ohio Fayette County, ss.

Henry H. Edwards being duly sworn and examined as a wit:

ness in the above entitled matter says: I was present at the execu:

tion of the instrument now shown to me bearing date the 4th day of Ju:

ly A.D. 1890 and offered for probate the Last Will and Testament of

John M. Edwards now deceased sign 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 so executing

said instrument was upwards of 21 years of age was of sound mind

and memory and not under any restraint.

Henry H. Edwards.

Sworn to and subscribed this 13th day of December A.D. 1890. before me

Thos. D. McElwain

Probate Judge.


And Afterwards, to wit on said 13th day of December. A.D. 1890

the findings and orders of this Court relative to the last Will and

Testament of John M. Edwards deceased were entered on the

Journal in words and figures following, to wit:


In the Matter of the Will of: } December 13th 1890.

John M. Edwards deceased. }

Be it remembered that heretofore to-wit:

on the 26th day of November A.D. 1890. an instrument of writing

purporting to be the last Will and Testament of John M. Ed:

wards late of Marlborough Mass. deceased, was produced in open court

for probate 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 has

been waived by all the next of kin of the Testator, to-wit:

Amelia S. Edwards widow of testator, and William H. Ed:

wards and Charles W. Edwards sons of the testator whose wai:

vers and consent to probate are filed with said Will in this

Court. Therefore on this day came James M. Edwards and

Henry H. Edwards 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 M. Edwards, 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (138)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (138)

Description

[page 138]

[corresponds to page 109 of Delaware County Ohio Will Records Vol. 9 1890-93]

John M. Edwards Will. 109

of sound mind and disposing 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 and the waivers of the next

of kin as well as the proceedings had thereon be entered of record in

this Court.

Thos. D. McElwain

Probate Judge


Certificate to Copies

The State of Ohio} Probate Corut

Fayette County.ss}

I, Thos. D. McElwain Judge and Ex-Of:

ficio Clerk of the Probate Court, within and for the County of

Fayette and State of Ohio, do hereby certify that the foregoing is a

true copy of the Last Will and Testament of John M. Edwards late

of Marlborough Mass. deceased and of all Journal Entries of Probate

thereof together with all papers and orders of this Court in the matter

of the Probate of the same as the same appear upon the records of said

Court, and I further certify that I have carefully compared the fore:

going copy with the original record, and that the same is a full and

correct transcript thereof.

In Witness Whereof, I have hereunto set my

hand and affixed the Seal of said Probate Corut at Washingto C.

H. Ohio, this 2nd day of January A.D. 1891.

Thos. D. McElwain

{Seal} Probate Judge and Ex-Officio

Clerk of said Court

The State of Ohio} Probate

Fayette County.ss}

I, Thos. D. McElwain sole Judge of the

Probate Court, within and for said County and State, the same being a

court of law and of record, do hereby certify that Thos. D. McElwain

whose genuine signature is attached to the foregoing certificate, is, and

was at the time of signing the same. Ex-Officio Clerk of said

Probate Court and as such, full faith and credit are due his acts

and that the above certificate is in due form of law, and made by the

proper officer

In witness Whereof, I have hereunto set my hand

and affixed the Seal of said Probate Court at Washington C.

H. Ohio, this 2nd day of January A.D. 1891.

Thos. D. McElwain

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (139)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (139)

Description

[page 139]

[corresponds to page 110 of Delaware County Ohio Will Records Vol. 9 1890-93]

110 Elizabeth Belknap's Will

Journal Entry

January 3rd 1891.

In the Matter of the Will }

of Elizabeth Belknap deceased}

This day, an instrument of writing, pur:

porting to be the last Will and Testament of Elizabeth Belknap,

late of Oxfor 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

Belknap widower of said Testatrix, and also notice issue to Minerva

Belknap to be served on Maud H. Belknap, William D. Belknap

Charles R. Belknap- and Claud E. Belknap, next of kin of the

Testatrix, resident of the State of Ohio, that said application will be

for hearing before this Court on the 13th day of January. A.D. 1891.

at 10 o'clock A.M., to which time the hearing of said Will is now con:

tinued.

N. F. Overturf

Probate Judge


Application for Probate of Will Filed Jany 3/91

The State of Ohio } In Probate Court -

Franklin County.ss}


In the Matter of the last Will }

and Testament of Mrs. Elizabeth} Application to Admit to Probate

Belknap- deceased~ }

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County.

Your petitioner respectfully represents

that Mrs. Elizabeth Belknap late a resident of the Town of

Ashley - Delaware County - died on or about the 13 day of Septem:

ber. A.D. 1889, leaving an instrument in writing, hereto attached,

purporting to be her last Will and Testament: That the said

Elizabeth Belknap died leaving Wm Belknap of Ashley, O.

widower and the following named persons her only next of kin resident

of the State of Ohio.

Name Age Degree of Kinship P.O. Address
of
Minor
Maud H. Belknap 15 Grand daughter Columbus. O.

William D. Belknap 11 " son " "

Charles R. Belknap 9 " " " "

Claud E. Belknap 6 " " " "


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

Minderva Belknap. Daughter-in-law
Delaware County Ohio Will Records Vol. 9 1890-1893 (140)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (140)

Description

[page 140]

[corresponds to page 111 of Delaware County Ohio Will Records Vol. 9 1890-93]

Elizabeth Belknap's Will

The foregoing application was signed in my presence and sworn to be:

fore me, this 24th day of December- A.D. 1890.

E.E. Corwin

{Seal} Notary Public in and for

Franklin Co. Ohio


Subpeona. Filed Jan. 9/91

The State of Ohio } Probate Court

Delaware County.ss}

To Joseph C. Eckels and Chas. F. Olmsted.

You are hereby required to attend before our Court of Probate, held

at the Court House in Delaware, within and for said County, on

the 13" day of January. A.D. 1891. at 10 o'clock A.M. to testify, all

and singular, such matters and things as you may know in the matter of

the last Will and Testament of Elizabeth Belknap late of said

County deceased, and this you shall in no wise omit under penalty

of the law.

Witness my hand and the seal of said Court, at Delaware,

this 7" day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge

I hereby acknowledge service of within Subpoena.

J.E. Eckels .

Chas. F. Olmsted .


Notice Filed Jan. 5/91

The State of Ohio } In Probate Court.

Delaware County.ss.}

In the Matter of the last Will and Testament

of Elizabeth Belknap deceased.

To William B. Belknap of Ashley

Ohio, widower.

You are hereby notified that on the 3rd day of Janu:

ary. A.D. 1891, an instrument of writing, purporting to be the last

Will and Testament of Elizabeth Belknap, late of Oxford 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 13" day of January. A.D. 1891. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court, at

Delaware, Ohio, this 3rd day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


I the undersigned person within named hereby acknowledge service

of the within notice this 5" day of January. A.D. 1891.

W.B. Belknap.
Delaware County Ohio Will Records Vol. 9 1890-1893 (141)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (141)

Description

[page 141]

[corresponds to page 112 of Delaware County Ohio Will Records Vol. 9 1890-93]

112 Elizabeth Belknap Will

Notice


The State of Ohio } In Probate Court

Delaware County,ss }

In the Matter of the last Will and Testament

of Elizabeth Belknap, deceased.

To Minerva Belknap:

You are hereby commanded to notify

Maud H. Belknap- William D. Belknap- Charles R. Belknap

and Claud E. Belknap that on the 3rd day of January. A.D.

1891, an instrument of writing, purporting to be the last Will and Tes:

tament of Elizabeth Belknap, late of Oxford 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 13" day of January. A.D. 1891, at 10 o'clock A.M.

Witness my hand and seal of said Probate

Court, at Delaware, Ohio, this 3rd day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed Jan. 9/91

The State of Ohio }

Delaware County.ss } Minerva Belknap being duly sworn, says

that on the 7th day of January. A.D. 1891.

she served the within notice by delivering a true copy thereof to the

within named Maud H. Belknap- William D. Belknap.

Charles R. Belknap. and Claud E. Belknap.

Minerva Belknap.

Subscribed in my presence and sworn to before me this 7th day of

January A.D. 1891.

E.E. Corwin

{Seal} Notary Public in & for

Franklin Co. Ohio.


I the undersigned person mother of, and the person with whom

within named minors reside hereby acknowledge service of the within

notice this 7th day of January. A.D. 1891.

Minerva Belknap.


Probate of Will Filed Jan 13/91


The State of Ohio } In Probate Court

Delaware County,ss. }

Personally appeared in open Court Joseph

C. Eckels- Chas. F. Olmsted and Maud E. Claypool the sub:

scribing witnesses to the last Will and Testament of Elizabeth Bel:

knap, late of Oxford Township in said Delaware County deceased,

who being duly sworn according to law, to speak the truth, the whole
Delaware County Ohio Will Records Vol. 9 1890-1893 (142)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (142)

Description

[page 142]

[corresponds to page 113 of Delaware County Ohio Will Records Vol. 9 1890-93]

Elizabeth Belknap Will 113

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 31" day

of Aug. A.D. 1889, purporting to be the last Will and Testament

of Elizabeth Belknap now deceased, is the Will of said deceased

Elizabeth Belknap- 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 Elizabeth Belknap deceased sign and seal said Will, and heard

her acknowledge the same to be her last Will and Testament, and

that the said Elizabeth Belknap 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 C. Eckels

Chas. F. Olmsted

Maud E. Claypool.


Sworn to and subscribed by said witnesses, in open Court, this 13"

day of January. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Journal Entry

January. 13' 1891.

In the matter of the Will of: }

Elizabeth Belknap. decd } Be it remembered, that heretofore to wit:

on the 3rd day of January. A.D. 1891, an

instrument of writing, purporting to be the last Will and Testament

of Elizabeth Belknap, 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 William

Belknap widower and Maud H. Belknap- William D. Belknap-

Charles R. Belknap and Claud E. Belknap next of kin of the

Testatrix, resident of the State of Ohio, pursuant to a former order

of this Court thereupon, on this day came Jospeh C. Eckels-

Chas F. Olmsted and Maud E. Claypool 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 Elizabeth Belknap.

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 proceedings had thereon be

entered of record in this Corut ~ Citation ordered and issued to
Delaware County Ohio Will Records Vol. 9 1890-1893 (143)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (143)

Description


[page 143]

[corresponds to page 114 of Delaware County Ohio Will Records Vol. 9 1890-93]


114 Elizabeth Belknap Will

William Belknap widower of said decedent to elect as to said Will,

as required by law, and thereupon came said William Belknap and

acknowledged service of the within citation.

N.F. Overturf

Probate Judge.


Copy of Will

I, Elizabeth Belknap of Ashley Delaware County, Ohio make this

my last Will.

I give devise bequeath my estate and property both real and Personal as fol:

lows that is to say, after paying all my debts including an agreement

to Donate one Thousand Dollars to the M.E. Church as provided for

in said agreement (This line erased with lead pencil.)
and the interest on same from my deceased until paid

I give devise bequeath one Hundred Dollars to my neice Fruittilda

Harroun now living in Van Wert County, O.

I give devise bequeath one Hundred Dollars to my Sister in law,

Hannah Belknap now living in Licking County. O.

I give devise bequeath Fifty Dollars to Mrs. Terry the Widow of

James Terry now living in Ashley O.

I give devise bequeath not to exceed Five Hundred Dollars for the pur:

pose of making a suitable family tomb and putting up monument thereto

After paying all the above, all the balance of my estate both real and per:

sonal I give devise bequeath to my beloved Grand Children namely

Maud H. William- Charles and Claud Belknap now living in

Columbus O. to share and share alike to be paid as follows the principal

the amount at my decease to be paid to each, their proportion as they ar:

rive at the age of twenty one years.

All interest or income from said estate both real and Personal shall be

held and kept in interest by my executor or executors and the fund as a:

rising shall be so held so long as my beloved Husband may live as a

guarantee fund for his comfort and my Executor or Executors are here:

by instructed to use such fund from time to time as it becomes neces:

sary for the comfort of my beloved Husband Wm. B. Belknap, all or my

part of said fund remaining after the decease of my said Husband shall

be paid over in equal proprotion to my beloved Grand Children above

named.

I appoint J.S. Brumback and David L. Brumback Jointly of Van

Wert Van Wert County. Ohio. Bankers. Jointly. Executors of this

my Will without bond, in witness whereof I have signed and sealed and

published and declared this instrument as my last Will, at Ashley Del:

aware County, O. this the 31 day of August 1889.

Elizabeth Belknap {Seal}

The said Elizabeth Belknap at Ashley on said day Aug. 31st 1889. sign:

ed and sealed this instrument and published and declared the same as and for her

last Will, and we at her request and in her presence and in the presence of each

other have hereunto written our names as subscribing witnesses.

Joseph C. Eckels. {Seal}

Chas F. Olmsted {Seal}

Maud E. Claypool {Seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (144)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (144)

Description


[page 144]

[corresponds to page 115 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jesse Eury Will 115

4817 A. Application for Probate of Will Filed Jany 5/9.


The State of Ohio } In Probate Court

Delaware County,ss }


In the Matter of the last Will }

and Testament of Jesse Eury } Application to Admit to Probate

Deceased. }

To the Hon. N.F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Jesse Eury late a resident of the Township of Delaware in

said County, died on or about the 21" day of December. A.D. 1890.

leaving an instrument in writing hereto attached, purporting to be his

last Will and Testament. That the said Jesse Eury died leav:

ing Mary Eury widow, whose P.O. address is Delaware O. and

the following named person his only next of kin resident of the

State of Ohio:

Josephine Miller Daughter Delaware Ohio


Your petitioner prays that a time may be fixed for the proving of

said Will.

Josephine Miller

The foregoing application was signed in my presence and sworn to

before me this 5" day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


We, the undersigned widow next of kin of the within named de:

cedent, hereby waive further notice, and consent to the probate of said

Will.

Dated this 5" day of January. A.D. 1891.

Josephine Miller

Mary Eury


Journal Entry

January, 5 1891.

In the Matter of the Will}

of Jesse Eury, deceased } This day an instrument of writing, pur:

porting to be the last Will and Testament

of Jesse Eury, 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 thereupon came Mary Eury, widow, and Josephine Miller

only next of kin of said Testator, resident of the State of Ohio

and in writing, waived Notice and consented to the probate of said

Will.

And thereupon came James R. Lytle one of the subscribing
Delaware County Ohio Will Records Vol. 9 1890-1893 (145)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (145)

Description

[page 145]

[corresponds to page 116 of Delaware County Ohio Will Records Vol. 9 1890-93]


116 Jesse Eury's Will

witnesses to said Will, who being duly sworn, testified to the due exe:

cution and attestation of said Will, which testimony was reduced to writ:

ing by him subscribed, and filed with said Will.

And it appearing to the Court that J.W. Lytle, the other subscrib:

ing witness to said Will, is a resident of Tallahassee - Leon County,

Florida and is without the jurisdiction of this Court, it is therefore

ordered that a Commission, with the Will annexed issue herein to

L.B. Jamlwell of Tallahassee - Leon County, Florida 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.


"Testimony of James R. Lytle"


In the Probate Court, } In the Matter of proving the last Will and Testament

Delaware County, Ohio } of Jesse Eury Deceased.


The State of Ohio }

Delaware County,ss } James R. Lytle, being duly sworn and examined

says; I was present at the execution of the instrument now shown

to me, bearing date the 31st day of October. A.D. 1890, and offered for

probate as the last Will and Testament of Jesse Eury, late of

Delaware Township, in said County of Delaware, deceased, and saw

and heard him acknowledge the same to be his last Will and Testa:

ment; and I, thereupon, at his request, and in his presence subscrib:

ed 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 R. Lytle

Sworn to and subscribed by said witness, in open Court, this 5th

day of January. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Commission

To Take Testimony of Witness to Will.


The State of Ohio } I, L. B. Jrombwell, 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. W.

Lytle one of the subscribing witnesses to the last Will and Testa:

ment of Jesse Eury 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (146)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (146)

Description

[page 146]

[corresponds to index page 117 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jesse Eury's Will 117


J.W. Lytle 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 Jesse Eury and that

you reduce such examination to writing, and return the same

together with this Commission and the Will of the said Jesse

Eury thereto annexed, closed up under your seal into our said Pro:

bate 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 5th day of

January. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Copy of Will

In the name of the Benevolent Father of All, I Jesse Eury

of Delaware Township, Delaware County, Ohio do make and

publish this my last Will and testament hereby revoking all

former Wills by me made.

Item First

I desire that all my just debts and charges be first paid.

Item Second

I give and devise to my beloved wife Mary Eury and my beloved

daughter Josephine Miller and to the survivor of them, absolute:

ly and unconditionally, all my house hold good and kitchen furni:

ture, all my farming utensils and all my live stock, and all grain

fodder, hat & feed of which I may be possed at the time of

my decease.

Item Third

I give and devise to my said wife Mary Eury and my said

daughter Jesephine Miller, during their natural lives and during

the natural life of the survivor of them, all the rest and residue

of my estate, both real and personal. They, or the survivor of them,

are to keep up repairs and pay the taxes on the real estate, but

are not to be held responsible for the loss of buildings by accident,

fire or unavoidable causuality.

They are to pay the Taxes on the notes and mortgages and other

property, but they are not to be held responsible for loss of mon:

ey loaned when the same is unavoidable.

All the income, rents and profits from the real estate, after

paying taxes & repairs, is to belong to them or to the survivor of

them, absolutely & unconditionally. And the interest and income

from the monies, notes & mortgages, after the payment of Taxes

is to belong to them or the survivor of them, absolutely and uncondition:

ally, and they or the survivor of them, are not to be held accounta:

ble for rents & profits, Increase or Interest.

Item Fourth

At the decease of my said wife and daughter, or the survivor

of them, I give and devise to the children of my sister Mary Coch:

ran and their heirs, and the children of my Brother Samuel Eury

and their heirs and the children of my sister Margaret Smith and

their heirs and to the children of my Brother Noah Eury and
Delaware County Ohio Will Records Vol. 9 1890-1893 (147)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (147)

Description

[page 147]

[corresponds to page 118 of Delaware County Ohio Will Records Vol. 9 1890-93]


118 Jesse Eurys Will

their heirs, all my property both real and personal, mentioned in Item

Three of this Will. That is to say each child of my said brothers and

sisters or their heirs shall have and take an equal portion of my

estate set forth in Item three of this Will.

Item Fifth

I hereby nominate and appoint my beloved wife and my beloved daught:

er Executrixes and Trustees of this my last Will and Testament,

with power to choose or select, whomsoever, they or the survivor of

them may wish to assist them in carrying out the provisions, of the

same, and they are hereby authorized and empowered to discharge all

debts due me. To cancel all mortgages, To re-invest monies

paid in and to Loan money in their own names or the name of the sur:

vivor of them as such Executrixes & Trustees, and to do and per:

form all things necessary be done in carrying out the provisions of

this Will. They are to give bond and an appraisement shall

be had of my estate but no sale of the property shall be had and the

probate court is hereby authorized to direct the omission of the same

pursuant to the Statute.

In testimony hereof I have hereunto set my hand and seal

this 31st day of October. A.D. 1890.

Jesse Eury {Seal}


Signed, sealed and acknowledged by Jesse Eury as his last Will

and Testament in our presence and signed by us in his presence and at

his special instance and request.

James R. Lytle

J.W. Lytle


Deposition of Witness to Will Filed. Jan 25/91


The State of Florida} In the Matter of the last Will and Testament

Leon County ss } of Jesse Eury.


Personally appeared before L. B. Jrombwell, Commissioner, J.W.

Lytle one of the subscribing witnesses to the last Will and Testament

of Jesse Eury late of Delaware Township in said Delaware

County, deceased, who being by me first duly sworn according to law

to speak the truth, the whole truth, nothing but the truth, in

relation to the execution of said Will, depose and say: That he was

present at the execution of the paper before him bearing date the 31st day

of October. A.D. 1890. purporting to be the last Will and Testament of

Jesse Eury now deceased, whose name is signed at the end thereof,

a witness in his presence; that he saw the said Jesse Eury sign and

seal said Will, and heard him acknowledge the same to be his last Will

and Testament, and that the said Jesse Eury 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.W. Lytle
Delaware County Ohio Will Records Vol. 9 1890-1893 (148)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (148)

Description

[page 148]

[corresponds to page 119 of Delaware County Ohio Will Records Vol. 9 1890-93]


Jesse Eury's Will 119


The State of Florida}

Leon County. ss~ } I, L.B. Jrombwell, duly appointed and con:

missioned by the Judge of the Probate

Court, of the County of Delaware and the State of Ohio, to take

the testimony of J.W. Lytle one of the subscribing witnesses to the last

Will and Testament of Jesse Eury, deceased, late a resident of said

County and State, which Commission, and the said Will are here:

to annexed, do hereby certify that in pursuance of said Commission

I caused the above named J.W. Lytle subscribing witness as aforesaid

to appear before me at Tallahassee on the 19th day of January 1891,

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 tes-

timony to writing as above set forth in his presence and that he sign:

ed the same in my presence, and I further certify that I am not Coun:

sel, 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 19th day of January. A.D. 1891.

L.B. Jrombwell

Commissioner

{Seal} and Notary Public for the

State at large.


Journal Entry

January 23rd 1891.

In the Matter of the Will}

of Jesse Eury, deceased. } The Commissioner heretofore issued herein to

take the testimony of J.W. Lytle - one of the

subscribing witnesses to the Will of said Jesse Eury, 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.W. Lytle, that the aforesaid

instrument of writing is the last Will and Testament of said Jesse

Eury, 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



Will Set Aside. See Journal 16 pages 8 & 9

Vol. 10 page 223
Delaware County Ohio Will Records Vol. 9 1890-1893 (149)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (149)

Description

[page 149]

[corresponds to page 120 of Delaware County Ohio Will Records Vol. 9 1890-93]


120 Eliza B. Rheems Will

Journal Entry

January. 19" 1891.

In the Matter of the Will ~ }

of Eliza B. Rheem, deceased.}

This day, an instrument of writing, purport:

ing to be the last Will and Testament of Eliza B. Rheem, 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 applica:

tion to admit the same to probate and record, be given to Samuel Rheem

widower, and Stephen L. Cruikshank, Eliza Marston, Clara Joyner

William Cruikshank, Oliver Cruikshank Lawrence A. CruiK:

shank Willie B. Young and James C. Young, 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 January A.

D. 1891, at 9 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will filed Jan 19/91


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.

Eliza B. Rheem, deceased.}

To the Hon. N.F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Eliza Bheem late a resident of the Township of Liberty in said Coun:

ty, died on or about the 9" day of January. A.D. 1891 leaving an in:

strument in writing, hereto attached, purporting to be her last Will and

Testament: That the said Eliza B. Rheem died leaving Sam:

uel Rheem widower and the following named persons her only next

of kin resident of the State of Ohio:


Name Degree of Kinship P.O. Address

Stephen L. Cruikshank Son Flint O.

Eliza Marston Daughter Delaware O.

Clara Joyner " Lewis Center O.

William Cruikshank Son Delaware O.

Oliver Cruikshank " " "

Lawrence A. Cruikshank " Delaware O.

James C. Young Grand Son Westerville O.

Willie B. Young " " Constantia 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:
Delaware County Ohio Will Records Vol. 9 1890-1893 (150)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (150)

Description

[page 150]

[corresponds to page 121 of Delaware County Ohio Will Records Vol. 9 1890-93]


Eliza B. Rheem's Will 121

cording to law of the pending of said proceedings

James R. Lytle

The foregoing application was signed in my presence and sworn to

before me, this 17" day of January. A.D. 1891.

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 Testa:

ment of Eliza B. Rheem, deceased.

To James R. Lytle:

You are hereby commanded to notify

Stephen L. Cruikshank - Eliza Marston - Clara Joyner

William Cruikshank - Oliver Cruikshank - Lawrence A.

Cruikshank - Willie B. Young and James C. Young and

Samuel Rheem widower that on the 19" day of January A.D.

1891, an instrument of writing purporting to be the last Will and

Testament of Eliza B. Rheem, 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 24 day of January. A.D. 1891, at 9 o'clock A.M.

Witness my hand and seal of said Probate Court

at Delaware Ohio, this 19" day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed Jan 24/91


The State of Ohio }

Delaware County,ss} James R. Lytle being duly sworn, says

that on the 20 day of January A.

D. 1891, he served the within notice by delivering a true copy there:

of to the within named Stephen L. Cruikshank - Eliza

Marston - Clara Joyner- William Cruikshank- Oliver

Cruikshank - Lawrence A. Cruikshank - Willie B. Young-

James C. Young and Samuel Rheem.

James R. Lytle


Subscribed in my presence and sworn to before me this 24" day

of January. A.D. 1891.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (151)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (151)

Description

[page 151]

[corresponds to page 122 of Delaware County Ohio Will Records Vol. 9 1890-93]

122

Eliza B. Rheem's Will

Probate of Will Filed Jan. 24/91

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Henry H.

Becker and John S. Jones the subscribing witnesses to the last Will

and Testament of Eliza B. Rheem 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 25 day of November A.D. 1884, purporting to

be the Will of said deceased Eliza B. Rheem, that they were pres-

ent 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 Eliza B. Rheem deceased sign

and seal said Will and heard her acknowledge the same to be her

last Will and Testament, and that the said Eliza B. Rheem 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 H. Becker

John S. Jones

Sworn to and subscribed by said witnesses, in open Court this 27

day of January A.D. 1891

{Seal} N. F. Overturf

Probate Judge

Journal Entry

January 24 1891

In the Matter of the Will of }

Eliza B. Rheem deceased }

Be it remembered that heretofore to wit:

on the 19th day of January A.D. 1891 an instrument of writing

purporting to be the last Will and Testament of Eliza B. Rheem

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 fil-

ing of said Will and of the application to admit the same to probate

and record in this Court, has been given to Samuel Rheem, her

widower, and Stephen L. Cruikshank, Eliza Marston - Clara

Jaynes - William Cruikshank - Oliver Cuickshank - Law-

rence A. Cruikshank - Willie B. Young - and James C. Young

next of kin of the Testatrix resident of the State of Ohio pursu-

ant to a former order of this Court: therefore, on this day came

Henry H. Becker and John S. Jones the subscribing wit-

nesses 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (152)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (152)

Description

[page 152]

[corresponds to page 123 of Delaware County Ohio Will Records Vol. 9 1890-93]

123

Eliza B. Rheem's Will

Will whereupon the Court finds that the foresaid instrument

of writing is the last Will and Testament of said Eliza B.

Rheem 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 witnesses above named, as well

as the proceedings had therein be entered of record in this Court

Citation ordered and issued to Samuel Rheem, widower of said

deceased 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, I Eliza B.

Rheem of Lawful Age do make and publish this my Last

Will and Testament.

Item First I desire that all my just debts and charges be first paid out

of my estate.

Item Second I give and devise to my son Lawrence A. Cruikshank my best

bed and bedding for the same to be selected by him after my decease

and before the division of my household furnature as hereinafter set

forth. I also give to my said Son Lawrence A. Cruikshank

one horse The same to be selected by him previous to any sale or

division of the Stock I may own at the time of my decease

Item third I give and devise to my three Daughters, Eliza J. Morrison

Clara P. Jones & Levina J. Eastman and my son Lawrence

A. Cruikshank all the rest and residue of my house hold goods

& furnature and wearing apparel. The same to be divided equally

between them.

Item Fourth I give and devise all the rest and residue of my estate to the fol-

lowing named children and their heirs That is to say To my

daughter Eliza J. Morrison one Eighth part thereof. To my

daughter Clara P. Jones one Eighth part thereof. To

Levina J. Eastman one eighth part thereof. To my son Stpeh-

en L. Cruikshank one eighth part thereof. To my son David

G. Cruikshank one eighth part thereof. To William H. Cruik-

shank one eighth part thereof. To my son Oliver D. Cruikshank

one eighth part thereof and to my son Lawrence A. Cruikshank

one eighth part thereof. Said property is to be converted into mon-

ey after my decease. By my executor hereinafter named and

paid over to said children. But it is my will and wish that

those of my children to whom I have made advancements shall

be charged with the amounts they have respectively received,

That is to say, WIlliam H. Cruikshank shall be charged
Delaware County Ohio Will Records Vol. 9 1890-1893 (153)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (153)

Description

[page 153]

[corresponds to page 124 of Delaware County Ohio Will Records Vol. 9 1890-93]

124

Eliza B. Rheem's Estate

with the sum of Three hundred Dollars which I have advanced

him, Oliver D. Cruikshank shall be charged with Two hundred

five Dollars which I have advanced to him and Clara P. Jones

shall be charged with Ninety three & 93/100 Dollars which I have

advanced to her and in the division of said estate my said executor

shall charge said amounts to each of my said children as so much

cash received by them.

I hereby nominate and appoint James R. Lytle of Delaware

Ohio executor of this my Last Will and testament.

I hereby revoke all former wills by me made.

In Testimony whereof I have hereunto set my hand and seal

this 28th day of November A.D. 1884.

Eliza B. Rheem {Seal}

Signed and acknowledged by said Eliza B. Rheem as her Last

Will and Testament in our presence and signed by us in her

presence and at her special instance and request.

Henry H. Becker

John S. Jones
Delaware County Ohio Will Records Vol. 9 1890-1893 (154)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (154)

Description

[page 154]

[corresponds to page 125 of Delaware County Ohio Will Records Vol. 9 1890-93]

125

Susan Osborn's Will

Journal Entry

January 19th 1891.

In the Matter of the Will }

of Susan Osborn - dec'd }

This day, an instrument of writing pur-

porting to be the last Will and Testament of Susan Osborn,

late of Radnor Township in this County - deceased, was produced

in open Court for Probate. In 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 Peter G. Osborn - Elizabeth Willey - Benja-

min M. Osborn and Bessie A. Osborn, 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 January

A.D. 1891, 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

Susan Osborn deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County.

Your petitioner respectfully represents that

Susan Osborn late a resident of the Township of Radnor in said

County - decd on or about the 30 day of December A.D. 1890,

leaving an instrument in writing hereto attached purporting to be her

last Will and Testament. That the said Susan Osborn

died leaving no widower and the following named persons her only

next of kin resident of the State of Ohio.

Name Degree of Kinship P. O. Address

Peter G. Osborn Son Prospect O

Elizabeth Wiley Daughter Ashley O

Benjamin M. Osborn Son Prospect O

Bessie A. Osborn Grand daughter Waldo O

Your petitioner prays that a time may be fixed for the hearing of said

Will and that said above named persons may be notified accord-

ing to law of the pending of said proceedings

Jas. P. Osborn.

The foregoing application was signed in my presence and sworn to be

fore me, this 19th day of January A.D. 1891

N. F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (155)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (155)

Description

[page 155]

[corresponds to page 126 of Delaware County Ohio Will Records Vol. 9 1890-93]

126

Susan Osborn's Will

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will and Testa-

ment of Susan Osborn - deceased.

To Jas. P. Osborn -

You are hereby commanded to

notify Peter G. Osborn, Elizabeth Willey - Benjamin N.

Osborn and Bessie A. Osborn that on the 19th day of January

A.D. 1891 an instrument of writing purporting to be the last Will

and Testament of Susan Osborn 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

24 day of January A.D. 1891, at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio, this 19 day of January A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Proof of Service

The State of Ohio }

Delaware County ss } Jas. P. Osborn being duly sworn says

that on the 20 day of January A.D.

1891 he served the within notice by delivering a true copy thereof

the within named Peter G. Osborn, Elizabeth Willey Benja-

min M. Osborn and Bessie A. Osborn

J. P. Osborn

Subscribed in my presence and sworn to before me this 24 day

of January A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Probate of Will Filed Jan 24/91

The State of Ohio }

Delaware County ss } In Probate Court

Personally appeared in open Court William

L. Ledwig and Jno. A. Cone the subscribing witnesses to the

Will and Testament of Susan Osborn late of Radnor 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 18th day of Jan-

uary A.D. 1886, purporting to be the last Will and Testament

of Susan Osborne now deceased is the Will of said deceased

Susan Osborne, that they were present at the execution of
Delaware County Ohio Will Records Vol. 9 1890-1893 (156)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (156)

Description

[page 156]

[corresponds to page 127 of Delaware County Ohio Will Records Vol. 9 1890-93]

127

Susan Osborn's Will

said Will and at the request of the Testatrix respectively sub-

scribed their names to the same as witnesses, in her presence,

that they saw the said Susan Osborn deceased sign and seal

said Will and heard her acknowledge the same to be her last Will

and Testament and that the said Susan Osborn 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. L. Ladwig

Jno. A. Cone

Sworn to and subscribed by said witnesses in open Court this 24

day of January A.D. 1891

{Seal} N. F. Overturf

Probate Judge

Journal Entry

January 24 1891 }

In the Matter of the Will}

of Susan Osborn deceased }

Be it remembered that heretofore to wit:

on the 19th day of January A.D. 1891 an instrument of writing

purporting to be the last Will and Testament of Susan Osborn

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 fil-

ing of said Will and of the application to admit the same to pro-

bate and record in the Court has been given to Peter G.

Osborn, Elizabeth Willey, Benjamin M. Osborn and Bessie

A. Osborn next of kin of the Testatrix resident of the State of

Ohio pursuant to a former order of this Court, thereupon

on this day came William L. Ledwig and Jns 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 foresaid

instrument of writing is the last Will and Testament of said

Susan Osborn 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (157)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (157)

Description

[page 157]

[corresponds to page 128 of Delaware County Ohio Will Records Vol. 9 1890-93]

128

Susan Osborn's Will

Copy of Will

In the name of the benevolent Father of All, Amen. I Susan

Osborn 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 Testament

Item 1st I direct that all my just debts, including the expenses of my last sick-

ness and funeral expenses shall be paid out of my estate

Item 2nd I give and bequeath to my children Benjamin M. Osborn and Eliz-

bath Willey, widow of Isaac Willey, all the rest and residue of my

estate after the payment of my just debts as directed in the first

Item of this Will and the expenses of Administration of my estate

to be divided between my said son Benjamin M. Osborn and my

daughter Elizabeth Willey, share and share alike and in case

my said son Benjamin M. or my said daughter Elizabeth die

before my decease the share or portion of my said Estate herein directed

to be paid to my said son or my said daughter, shall go to and be

paid to the heirs of said Benjamin or said Elizabeth.

I hereby appoint and constitute James P. Osborn Executor of

this my last Will and Testament

I hereby revoke all former Wills or parts of Wills by me be-

fore made and declare the foregoing to be my Last Will and Testament

Witness my signature and seal this Eighteenth day of Jan-

uary in the year of our Lord One Thousand Eight Hundred and

Eighty Six

her

Susan X Osborn {Seal}

mark

Signed by the above named Susan Osborn in our presence and by

her declared to be her Last Will and Testament in our hearing and sign-

ed by us as witnesses at her request and in her presence and in the

presence of each other on said 18th day of January 1886.

William L. Ledwig

Jns. A. Cone
Delaware County Ohio Will Records Vol. 9 1890-1893 (158)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (158)

Description

[page 158]

[corresponds to page 129 of Delaware County Ohio Will Records Vol. 9 1890-93]

129

Elizabeth Mills' Will


Journal Entry

January 7th 1891

In the Matter of the Will of }

Elizabeth Mills, deceased } This day an instrument of writing purporting

to be the last Will and Testament and

Codicil thereto of Elizabeth Mills 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 G. P. Mills, Esther Mills -

Rosanna Stephens - Nancy Bechtle and Georgia Covel Austin

next of kin of the Testatrix resident of the State of Ohio that said

application will be for hearing before this Court on the 16th day of

January A.D. 1891 at 1 o'clock P.M.

N. F. Overturf

Probate Judge

Application for Probate of WIll filed Jan. 7/91 -

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last }

Will and Testament of Eliz- } Application to Admit to Probate -

abeth Mills - deceased }

To the Hon. N. F. Overturf - Judge of the

Probate Court in and for said County -

Your petitioner respectfully represents that

Elizabeth Mills late a resident of the Township of Scioto in said

County died on or about the 4th day of January A.D. 1891.

leaving an instrument in writing hereto attached, purporting to be

her last Will and Testament That the said Elizabeth Mills died

leaving no widower and the following named persons her only next

of kin resident of the State of Ohio -

Name Degree of Kinship P. O. Address

G. P. Mills Son Ostrander O

Esther Mills Daughter Ostrander O

Rosanna Stephens " Troy O

Nancy Bechtle " Richwood O

Georgia Covel Austin Grand daughter Lynchburg 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 accord-

ing to law of the pendiing of said proceedings.

G. P. Mills

The foregoing application was signed in my presence and sworn to be-

fore me this 7th day of January A.D. 1891.

N. F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (159)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (159)

Description

[page 159]

[corresponds to page 130 of Delaware County Ohio Will Records Vol. 9 1890-93]

130

Elizabeth Mills Will

I the undersigned next of kin of the witin named decedent, hereby

waive further notice, and consent to the probate of said will.

Dates this 7" day of January, A.D. 1891.

G.P. Mills

You are hereby commanded to noti:

fy Ester Mills - Rosantha Stephens - Nancy Bechtle and

Georgia Covell Austin that in the 7" day of January A.D.

1891. an instrument of writing, purporting to be the last Will and Tes=

tament of Elizabeth Mills late of Scioto Township, in said Coun:

ty, 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 16"

day of January, A.D. 1891 at 10 o'clock P.M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 7th day of January, A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed Jany 16/91

The State of Ohio }

Delaware County ss. } George P. Mills being duly sworn, says that

on the 7th, 8th, 9th & 10th days of January A.

D. 1891, he served the within notice by delivering a true copy thereof

to the within named Ester Mills, Rosantha Stephen - Georgia

Covell Austin & Nancy Bechtel.

G. P. Mills

Subscribed in my presence and sworn to before me this 16" day of

January. A.D. 1891.

{Seal} N.F. Overturf

Probate Judge

"Testimony of D. G. Gratty Witness to Codicil." Filed Jany 16/91

In Probate Court } In the Matter of proving the last Will and Testament

Delaware County, Ohio } Of Elizabeth Mills - deceased.

The State of Ohio }

Delaware County, Ohio } D.G. Cratty, 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (160)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (160)

Description

[page 160]

[corresponds to index page 131 of Delaware County Ohio Will Records Vol. 9 1890-93]

131

Elizabeth Mills Will

me, bearing date the day of A. D. 188 -, and offered for

probate as the Codicil to the last Will and Testament of

Elazabeth Mills, late of Scioto Township, in said County of

Delaware, deceased, and said the said Elizabeth Mills, now de=

ceased, sign and seal said instrument by mark, and heard her ac=

knowledge the same to be her Codicil to ber 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 Codicil, was of full

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

D. G. Cratty

Sworn to and subscribed by said witness in open Court this 16th

day of January A.D. 1891.

{Seal} N. F. Overturf

Probate Judge

Journal Entry

January, 16" 1891. }

In the Matter of the Will }

of Elazabeth Mills - deceased }

Be it remembered, that heretofore to wit:

on teh 7th day of January, A.D. 1891 an instrument of writing

purporting to be the last Will and Testament and Codicil thereto

of Elizabeth Mills, late of Scioto 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 Ester Mills, Rosantha Stephens - Nancy Bechtel -

and Georgia Covell Austin (G. P. Mills, having in writing waiv=

ed Notice and consented to the probate of said Will) next of kin

of the Testatrix, resident of the State of Ohio, pursuant to or former

order of this Court, thereupon, on this day came D. G. Cratty

one of the subscribing witnesses to the Codicil to 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

him suscribed and filed with said Will.

And it appearing to the Court that Abner Said the other sub-

scribing witness to the Codicil to said Will is a resident of

Washington D.C. and is without the jurisdiction of this Court, it

is therefore ordered that a commision with the Will annexed, is=

sue herein to Wm C. Cooper: of Washington D. C. directing him

to take the decposition of said subscribing witness, and return the

same, duly certified, with all convenient speed to this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (161)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (161)

Description

[page 161]

[corresponds to page 132 of Delaware County Ohio Will Records Vol. 9 1890-93]

132

Elizabeth Mills Will

Commission Filed Jan 29/91

To take Testimony of Witness to Codicil to Will

The State of Ohio } To Wm C. Cooper 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 Abner Said one of the

subscribing witnesses to the Codicil to the last Will and Testament of

Elizabeth Mills 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 Abner

Said 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 the Codicil to said Will of the said Elizabeth MIlls and that

you reduce such examination to writing, and return the same togeth:

er with this Commission and the Will of the said Elizabeth Mills

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, at Delaware Ohio, this 16th day of

January. A. D. 1891.

{Seal} N. F. Overturf

Probate Judge

Last Will and Testament of Elizabeth Mills

I Elizabeth Mills of Mills County in the State of Iowa be=

ing of sound mind and memory, and of full age, do hereby make

and publish this my last Will and testiment. I direct the pay:

ment of my furneral expenses out of my personal property, the resi:

due to be divided among my Children W. C. Mills Geo. P.

MIlls, Esther Mills, Nancy J. Bechtell & Rosanne E.

Stephens, or their heirs

2 I give to my beloved daughter Ester Mills the use of the

homestead in Glenwood City during her natural life and at her

death the proceeds of a sale there of to be divided equally among my heirs

above mentioned then living. I hereby appointed my son W. C. Mills the exec:

utor of this my last Will and testiment, hereby revoking all for:

mer wills by me made.

In Witness where of I have signed and published this instru:

ment to be my last will and testiment.

Signed executed this 2nd day of July A. D. 1877

Elizabeth Mills

Attest

E. Stenbeck of Mills C Iowa

N H Dyar of Mills C. Iowa

over
Delaware County Ohio Will Records Vol. 9 1890-1893 (162)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (162)

Description

[page 162]

[corresponds to page 133 of Delaware County Ohio Will Records Vol. 9 1890-93]

133

Elizabeth Mill's Will

Codicil to the foregoing Will


Whereas I Elizabeth Mills on the 2nd day of July. A. D.

1877 made my last will and testiment of that day do hereby de:

clare the following to be a codicil to the same.

I do hereby give and bequeath to my children Geo. P. Mills -

Esther Mills. Nancy J. Bechtel & Rosanna E. Stephens

ecqually the share of my Deceased son W.C. Mills as ind=

cated the former will.

I desire and do hereby appoint my son G. P. Mills as Executor

of this my last will.

her
Elizabeth X Mills
mark

Abner Said

D. G. Cratty

Deposition of Witness to Codicil to Will Filed Jan 29/91

District of Columbia } In the Matter of the last Will and Testament

Washington City, ss. } of Elizabeth Mills - Deceased

Personally appeared before me Wm C. Cooper Commissioner, Abner

Said me of the subscribing witnesses to the Codicil to the last Will

and Testament of Elizabeth Mills late of Scioto 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

purporting to be the Codicil to the last Will and Testament of

Elizabeth Mills now deceased, whose name is signed at the end there=

of, 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 Elizabeth Mills

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 Elizabeth Mills at the time of making signing and

sealing said Codicil to said Will, was of full age, of sound mind

and memory, and not under any restraint.

Abner Said,

District of Columbia }

Washington City, ss. }

I, Wm C. Cooper, duly appointed and

commissioned by the Judge of the Probate Court, of the Coun=

ty of Delaware and the State of Ohio, to take the testimony

of Abner Said one of the subscribing witnesses to the last Will

and Testament of Elizabeth Mills 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 Abner Said

subscribing witness as aforesaid to appear before me, at Washing=
Delaware County Ohio Will Records Vol. 9 1890-1893 (163)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (163)

Description

[page 163]

[corresponds to page 134 of Delaware County Ohio Will Records Vol. 9 1890-93]

134

Elizabeth Mills Will

ton, D.C. on the 22nd day of January, 1891. 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 Codicil to said will, and reduced his testi=

mony 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 herunto set my hand, the

22nd day of January. A.D. 1891

Wm C Cooper

Commissioner

Journal Entry

January 29" 1891 }

In the Mater of the Will of }

Elizabeth Mills - deceased }

The Commission heretofore issued herein to

take the testimony of Abner Said, one of the subscribing witnesses to

the Codicil to said Will of Elizabeth Mills, 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 Abner Said, that the afore=

said intrument of writing is the last Will and Testament and Codicil

thereto, of said Elizabeth Mills, 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, 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 there in

be entered of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (164)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (164)

Description

[page 164]

[corresponds to page 135 of Delaware County Ohio Will Records Vol. 9 1890-93]

135

Imeline Barton's Will

Application for Probate of Will Filed Jany. 24/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the Last }

Will and Testament of Em- } Application to Admit to Probate -

eline Barton - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Emeline Barton late a resident of the Township of Trenton in

said County died on or about the 21st day of January A.D. 1891,

leaving an instrument in writing, hereto attached, purporting to be her

last Will and Testament: That the said Emeline Barton died

leaving no widower and the following named persons her only next of

kin resident of the State of Ohio:

Name Degree of Kinship P. O. Address

William Barton Son Condit O

Alfred Barton " Columbus O

Elizabeth Parsons Daughter Condit 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 proceedngs.

Wm. Barton

The foregoing application was signed in my presence and sworn

before me this 24 day of January A.D. 1891.

N. F. Overturf

Probate Judge

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 24th day of January A.D. 1891

Wm. Barton



Journal Entry

January 24" 1891

In the Matter of the Will }

of Emeline Barton - deceased } This day an instrument of writing pur-

porting to be the last Will and Testament

of Emeline Barton late of Trenton Township in this Coun-

ty deceased, was produced in open Court for Probate. In

consideration whereof it is ordered that the same 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 Alfred

Barton and Elizabeth Parsons ( William Barton having in
Delaware County Ohio Will Records Vol. 9 1890-1893 (165)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (165)

Description

[page 165]

[corresponds to page 136 of Delaware County Ohio Will Records Vol. 9 1890-93]

136

Emeline Barton's Will

writing waived notice and consented to the probate of said Will ) next

of kin of the Testatrix resident of the State of Ohio that said appli-

cation will be fore hearing before this Court on the 28 day of Janu-

ary A.D. 1891 at 10 o'clock A.M.

And it appearing to the Court that H. S. Overturf one of the sub-

scribing witnesses to said Will is a resident of Licking County Ohio

and is without the jurisdiction of this Court, and that T. B. Potter

the other subscribing witness to said Will has gone to parts unknown

it is therefore ordered that a Commission with the Will annexed, in:

are herein to Thomas Ross of Licking County Ohio directing him

to take the deposition of said subscribing witness, H. S. Overturf

and also to take the deposition of certain other witness or witnesses

touching the proof of the genuineness of the signature of said other sub-

scribing witness, T. B. Potter, and return the same, duly certified, on

or before the 28th day of January A.D. 1891, at 10 o'clock A.M.

N. F. Overturf

Probate Judge

Notice

The State of Ohio } Probate Court

Delaware County ss }

In the matter of the Last Will and Testament

of Emeline Barton deceased.

To William Barton:

You are hereby commanded to notify Al-

fred Barton and Elizabeth Parsons that on the 24" day of January

A.D. 1891, an instrument of writing, purporting to be the last Will and

Testament of Emeline Barton, late of Trenton Township in said Coun-

ty, 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 28" day

of January A.D. 1891, at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio, this 24 day of January A.D. 1891.

{Seal} N. F. Overturf

Probate AJudge

Proof of Service filed Jany. 31/91

The State of Ohio }

Delaware County ss }

I, William Barton being duly sworn say: that

on athe 26" day of January A.D. 1891, he

served the within notice by delivering a true copy thereof to the with-

in named Alfred Barton and Elizabeth Parsons.

Wm. Barton

Subscribed in my presence and sworn to before me this 31st day of

January A.D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (166)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (166)

Description

[page 166]

[corresponds to page 137 of Delaware County Ohio Will Records Vol. 9 1890-93]

137

Emeline Barton's Will

Commission filed Jan 31/91

To Take Testimony of Witness to Will
\
The State of Ohio } To Thomas Ross, Greeting:

Delaware County ss }

Know Ye That we in confidence of your pru-

dence and fidelity have appointed you and by these presents to give you

full power and authority to examine and take the deposition of H. S.

Overturf and proof of the genuineness of the signature of T. B. Potter

the subscribing witnesses to the last Will and Testament of Emeline

Barton 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 H. S. Overturf and

such other witness or witnesses to prove the signature of T. B. Potter

to be brought before you and then and to examine on oath or affir-

mation first taken before you, touching the due execution of said Will

of the said Emeline Barton and the signature of T. B. Barton [Potter]

the other subscribing witness to said Will and that you reduce

such examination to writing: and return the same, together with

this Commission and the Will of the said Emeline Barton

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 at Delaware O this 24" day of Jan-

uary A.D. 1891.

{Seal} N. F. Overturf

Probate Judge

Copy of Will

In the name of the benevolent mother of all, I, Emeline

Barton, of Delaware County, Ohio do make and publish this

my last will and Testament.



Item 1st I desire and bequeath to my daughter Elizabeth Parsons all

my household and kitchen furniture and goods and chattles of every

description that may be left belonging to me at my decease Except

two beds one up stairs. I devise and bequeath to my son Alfred

Barton and one down stairs in the back Bedrome I devise and

bequeath to my son William Barton

Item 2nd I devise and bequeath to my daughter Elizabeth Parsons [crossed out: two] ^one

Hundred fifty Dollars in money to be kept at interest for her benefit

during her natural life Said interest to be paid to her yearly

so long as she shall live and at her Decease I devise and be-

queath said two One Hundred & fifty Dollars to my two grandchildren

Annabell Parsons and William Loren Parsons to be divided

Equally between them after paying my daughters funeral expenses

Item 3rd I devise and bequeath the ballance of my Estate which may be found

in notes or money after paying all my debts and funeral Expenses
Delaware County Ohio Will Records Vol. 9 1890-1893 (167)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (167)

Description

[page 167]

[corresponds to page 138 of Delaware County Ohio Will Records Vol. 9 1890-93]

138

Emeline Barton's Will

and putting up tomb stones to my grave to my two sons Alfred

Barton and William Barton and Ballance of any to be divided

Equally between them.

Item 4th I do hereby nominate and appoint William Barton 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 persuance of the Statute.

I do hereby revoke all former wills by me made.

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

22nd day of June in the year 1876.

Emeline Barton {Seal}

Signed and acknowledged by said Emeline Barton as her last will

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

T. B. Potter

H. S. Overturf

Deposition of Witness to Will

The State of Ohio } In the Matter of the last Will and Testament of

Licking County ss } Emeline Barton

Personally appeared before me Thomas Ross Commissioner H S

Overturf subscribing witness to the last Will and Testament of Em-

eline Barton late of Trenton 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 he was present at the

execution of the paper before him bearing date the 22 day of June A.

D. 1876 purporting to be the last Will and Testament of Emeline Bar-

ton 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

her presence that he saw the said Emeline Barton sign and seal

said Will and heard her acknowledge the same to be her last Will

and Testament and that the said Emeline Barton at the time of

making signing and sealing said Will was of full age of sound mind

and memory and not under any restraint

H. S. Overturf

Attest Mary Overturf

The State of Ohio }

Licking County ss } I, Thomas Ross duly appointed and com-

missioned by the Judge of the Probate

Court of the County of Delaware and the State of Ohio to take

the testimony of H. S. Overturf and other witness or witnesses

to prove the genuineness of the signature of T. B. Potter sub-
Delaware County Ohio Will Records Vol. 9 1890-1893 (168)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (168)

Description

[page 168]

[corresponds to page 139 of Delaware County Ohio Will Records Vol. 9 1890-93]

139

Emeline Barton's Will

cribing witnesses to the last Will and Testament of Emeline Bar-

ton, 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

H. S. Overturf and Mary Overturf who deposed as here exhibited

to the genuineness of the signature of T. B. Potter And also H.

S. Overturf subscribing witness as aforesaid to appear before me, at

their home in Licking County on the 27" day of January 1891,

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 ex-

amined 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 27" day of January A.D. 1891.

Thomas Ross

Commissioner.

Proof of Signature of Witness to Will filed Jan. 31/9l

The State of Ohio }

Licking County ss } H. S. Overturf and Mary Overturf being

duly sworn say that they were well ac-

quainted with the hand writing of the said J. B. Potter, having of-

ten seen him write, that the signature T. B. Potter as subscrib-

ing witness to the last Will and Testament of Emeline Bar-

ton, deceased, is in the own proper hand writing and signature

of the said T. B. Potter who at the date of said Will was in

full life and resided in Trenton Township Delaware County

Ohio.

H. S. Overturf

Mary Overturf

Sworn to before me and subscribed in my presence this 27"

day of January A.D. 1891.

Thomas Ross

Commissioner

Journal Entry

January 28" 1891

In the Matter of the Will }

of Emeline Barton - deceased } This matter coming on for hearing and the

parties failing to appear, the same is continued until the 31st day

of January A.D. 1891, at 10 o'clock A.M.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (169)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (169)

Description

[page 169]

[corresponds to page 140 of Delaware County Ohio Will Records Vol. 9 1890-93]

140

Emeline Barton's Will

Journal Entry

January 31st 1891

In the matter of the Will }

of Emeline Barton - deceased }

The Citation heretofore issued herein

Thomas Ross to take the deposition of H. S. Overturf one of the

subscribing witnesses to said Will and to take the deposition of cer-

tain other witnesses touching the proof of the genuineness of the signa-

ture of T. B. Potter the other subscribing witness to said Will was

this day returned, duly executed, and the same was filed herein.

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 Alfred

Barton and Elizabeth Parsons Wm. Barton having Waived Notice

next of kin of the Testatrix, resident of the State of Ohio pursuant to

a former order of this Court - Whereupon the Court finds from the

depositions as taken that the aforesaid instrument of writing is the last

Will and Testament of said Emeline Barton, 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 depositions of said witnesses, as well as the proceed-

ings had thereon be entered of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (170)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (170)

Description

[page 170]

[corresponds to page 141 of Delaware County Ohio Will Records Vol. 9 1890-93]

141

George Pugh'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 Pugh - Deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County

Your petitioner respectfully represents that

George Pugh late a resident of the Township of Radnor in said

County died on or about the 2 day of February A.D. 1891 leaving

an instrument in writing hereto attached, purporting to be his last Will

and Testament. That the said George Pugh 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

William Pugh Son Olatha Kan.

Elizabeth J. Griffiths Daughter Delaware O

John E. Pugh Son Radnor O

Mary A. Williams Daughter Radnor 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

Jno. E. Pugh

The foregoing application was signed in my presence and sworn to

before me this 10th day of February A.D. 1891

N. F. Overturf

Probate Judge

Waiver Filed Feb. 13/91

We, the undersigned next of kin and legatee of the within named

deceased hereby waive further notice, and consent to the probate

of said Will.

Dated this 10" day of February A.D> 1891.

John E. Pugh

W. T. Pugh

Mary A. Williams

Elizabeth J. Griffiths
Delaware County Ohio Will Records Vol. 9 1890-1893 (171)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (171)

Description


[page 171]

[corresponds to page 142 of Delaware County Ohio Will Records Vol. 9 1890-93]

142

George Pugh's Will

Journal Entry

February 14" 1891. }

In the matter of the Will }

of George Pugh. deceased } This day an instrument of writing purporting

to be the last Will and Testament of George

Pugh, late of Radnor Township in this County, deceased, was produc-

ed in open Court for Probate. In Consideration thereof it is ordered

that the said Will be filed in this Court and thereupon came John

E. Pugh, W. J. Pugh and Elizabeth J. Griffiths next of kin of the

Testator resident of the State of Ohio, and Mary A. Williams, lega-

tee and in writing, waived notice and consented to the probate of said WIll

therefore on this day came Thomas Watkins and John 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 writ-

ing is the last Will and Testament of said George Pugh, 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 held thereon, be entered of

record in this Court.

This day also came William T. Pugh and John E. Pugh and

filed receipts of Elizabeth J. Griffiths for amount of money paid her

by them under the direction of said Will and requested that said Re-

ceipts be recorded immediately following the record of the Will.

(See Will Record Volume 9, Page 145.)

N. F. Overturf

Probate Judge

Testimony of Witnesses Filed Feb 14/91

In Probate Court } In the Matter of proving the last Will and Testament

Delaware County, Ohio } of George Pugh - Deceased.

The State of Ohio }

Delaware County ss } John A. Cone 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 27" day of May, A.D. 1878 and offered for probate as

the last Will and Testament of George Pugh, late of Radnor Town-

ship in said County of Delaware, deceased, and saw the said George

Pugh now deceased sign and seal said instrument and heard him ac-

knowledge 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 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (172)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (172)

Description

[page 172]

[corresponds to page 143 of Delaware County Ohio Will Records Vol. 9 1890-93]

143

George Pugh's Will

Sworn to and subscribed by said witness in open Court this 14" day

of February A.D. 1891.

N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County ss } Thomas Watkins, 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 27" day of May A.D. 1878 and of-

fered for probate as the last Will and Testament of George Pugh

late of Radnor Township in said County of Delaware, deceased, and

saw the said George Pugh now deceased sign and seal said in-

strument 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

Thos. Watkins

Sworn to and subscribed by said witness in open Court, this 14"

day of February A.D. 1891.

N. F. Overturf

Probate Judge

Will

In the name of the benevolent Father of all, I, George Pugh of Del-

aware County of Ohio, do make and publish this my last will and Tes-

tament.

Item I I give, devise and bequeath to my beloved wife Ellen Pugh all the

property of every description, both personal and real, of which I may be

possessed, or which I may own at the time of my decease: she to have

the absolute right to the same as owner thereof, in lieu of Dower, for

her own use and benefit, having the right to sell or dispose of any or

all of said property, personal and real, in case it should be necessary

so to do for her support and maintenance during her natural life.

Item II I give, devise and bequeath to my son William T. Pugh after

the decease of my said wife in case the same shall not have been

previously disposed of, under the first item of this will, the House

and lot which I own in the City of Delaware, Ohio, being situ-

ate on the West side of Franklin Street and North of North Street

in said City, on the condition following, to wit: He, my said son

William T. Pugh shall pay to my daughter Elizabeth J. Grif-

fiths, her heirs or assigns the sum of Five Hundred Dollars, to

wit: - Two Hundred and fifty dollars within three years after the time

when he shall come into possession of said real estate, and the oth-

er Two Hundred and fifty dollars within five years after he shall

come into possession of said property as aforesaid, said payments not

to bear interest until they become due, as above secified, and it is
Delaware County Ohio Will Records Vol. 9 1890-1893 (173)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (173)

Description

[page 173]

[corresponds to index page 144 of Delaware County Ohio Will Records Vol. 9 1890-93]

144

George Pugh's Will

hereby by me declared that said payments shall be a charge and lien as

said House and lot above described.

Item III I give devise and bequeath to my son John E. Pugh, in addition to the

property consisting of horses, or other kind of live stock buggy, money

notes etc, which I have heretofore, or may hereafter give to my said son

John E. previous to my decease, the Farm of about Seventy five

Acres, more or less, situate in Radnor Township, Delaware County

Ohio, it being the farm on which we now reside, after the death of

my said wife and also all the stock, money and credits and chattels of

every description which may remain as part of my estate at the decease

of my said wife, and I desire and direct that in case of my death

previous to the decease of my said wife, that my said son John E.

my said wife shall retain the control of my farm and all things con-

nected therewith in the same manner as I now control the same

my said wife, however, to have the right to control and manage the

same as she may think best in case of any disagreement between

them as to the control of the same: and my said son John E. Pugh

after the decease of my said wife to have and own said farm and personal

property on the following condition to wit: - He is to pay to my daugh-

ter Elizabeth J. Griffiths within five years after he shall come

into the possession of said property, the sum of Five Hundred dollars

and also within the same five years, he shall pay to Mary Ann Wil-

liams, the daughter of my said wife, also the sum of Five Hundred

dollars, and said two payments of five hundred dollars each shall

be a lien and charge on said farm.

Item IIII I hereby nomiinate and appoint my wife Ellen Pugh Executrix of

this will and I will and direct that there be no appraisement nor

sale of any of my property, and I hereby request the Court of Probate

to waive the same in pursuance of the Statute and I further di-

rect that my said wife be not required to give bonds as executrix

as aforesaid.

I hereby revoke all former wills or parts of will by me heretofore

made and I do hereby publish and declare this to be my last will

and testament.

In witness whereof I have hereunto subscribed my name

and affixed my seal this 27" day of May 1878.

George Pugh {Seal}

Signed by the said George Pugh and by him declared to be

his last will and testament in our presence and by us as witness-

es hereto in his presence and at his request and in the presence of

each other, the day and year above written.

Thomas Watkins

John A. Cone
Delaware County Ohio Will Records Vol. 9 1890-1893 (174)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (174)

Description

[page 174]

[corresponds to page 145 of Delaware County Ohio Will Records Vol. 9 1890-93]

145

George Pugh Estate

Receipt Filed Feby. 14/91

Delaware O. Feby. 14 - 1891

Received of William T. Pugh Five Hundred Dollars in full

of a certain Legacy bequeathed to me by the Last Will and Testament

of George Pugh, dec'd, late of Radnor Township Delaware Coun-

ty Ohio and which legacy of Five Hundred Dollars was and is

made a charge by the terms of said Will in certain real estate, to -

wit: a certain lot & house in the City of Delaware Ohio which

property was bequeathed & devised by said Will to said Wm. T.

Pugh and said Lot being described as Out Lot No. 38 and said

payment of Five Hundred Dollars as for the full and complete

release of all right title and interest which I have as legatee under

said Will or as one of the heirs at Law of said George Pugh -

dec'd and said Will having been admitted to Probate and record

in the Probate Court of Delaware County Ohio, on this date -

Elizabeth J. Griffiths

Humphrey Griffiths

Her Husband

Receipt Filed Feby. 14/91

Delaware Ohio Feby 14, 1891.

Received of John E. Pugh Four Hundred and Seventy

dollars in full of a certain Legacy of Five Hundred Dollars

bequeathed to me by the last Will and Testament of George Pugh

deceased, late of Radnor Township Delaware County Ohio and

which Legacy of Five Hundred Dollars was and is made a charge

by the terms of said Will on certain real estate to wit: a certain

farm of about Seventy five Acres situate in Radnor Township

Delaware County Ohio which farm was bequeathed and de-

vised by said Will to said John E. Pugh and said payment

of Four Hundred and Seventy Dollars is for the full and com-

plete release of all right, title and interest which I have as leg-

atee under said Will or as one of the heirs at Law of said George

Pugh deceased and said Will having been admitted to Pro-

bate and record in the Probate Court of Delaware County, Ohio

on this date

Elizabeth J. Griffiths

Humphrey Griffiths

Her Husband

Receipt

Received of John E. Pugh Five Hundred Dollars, and all

the accrued interest thereon, in full of the legacy of $500-

bequeathed to me by the foregoing Will of George Pugh deceased,

and I hereby cancel and release the lien for the payment of

said legacy on the real estate devised to said John E. Pugh

by the terms of said WIll

Witness my signature

the 1st day of April 1908 Mary Ann Williams
Delaware County Ohio Will Records Vol. 9 1890-1893 (175)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (175)

Description

[page 175]

[corresponds to page 146 of Delaware County Ohio Will Records Vol. 9 1890-93]

146

Henton Tallman's Will

Journal Entry

February 23rd 1891 }

In the Matter of the Will of}

Henton Tallman deceased } This day an instrument of writing purporting

to be the last Will and Testament of Hen-

ton Tallman, late of Delaware City in this County, deceased and

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

Amanda M. Tallman - widow and Frances M. Anderson - Charley

T. Watkins - George H. Watkins- Frank Watkins - Mamie Watkins

Neta Tallman - Pearl Thompson and Effie Thompson - William

H. H. Tallman 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 26th day of February. A.D. 1891, at 10 o'clock A.M. to which

time this matter is contined.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Feb. 23/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will }

and Testament of Henton Tall- } Application to Admit to Probate

man - deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

Henton Tallman late a resident of the Township of Delaware in

said County died on or about the 14" day of February A. D. 1891.

leaving an instrument in writing hereto attached, purporting to be

his last Will and Testament - That the said Henton Tallman

died leaving Amanda M. Tallman 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 H. H. Tallman Son Delaware O

Frances M. Anderson Daughter Sandusky O

Charles T. Watkins } Grand Children }

George H. " } Children of a } Delaware O

Frank " } deceased Daughter }

Minnie " } Nancy J. Watkins }

Neta Tallman } Grand daughter Findlay O

Daughter of Geo. Tallman

Pearl Thompson Grand daughter Galion O

Effie Thompson Daughter of Phoebe J. Thompson
Delaware County Ohio Will Records Vol. 9 1890-1893 (176)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (176)

Description

[page 176]

[corresponds to page 147 of Delaware County Ohio Will Records Vol. 9 1890-93]

147

Henton Tallman'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.

W. H. H. Tallman

The foregoing application was signed in my presence and sworn to

before me, this 23rd day of February A.D. 1891.

N. F. Overturf

{Seal} Probate Judge

I, the undersigned one of the next of kin of the within named dece=

dent, hereby waive further notice, and consent to the probate of said

Will.

Dated this 23rd day of February, A.D. 1891.

William H. H. Tallman

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testament

of Hinton Tallman - deceased.

I, William H. H. Tallman:

You are hereby commanded to

notify Amanda M. Tallman, Frances M. Anderson. Charles

T. Watkins, George H. Watkins, Frank Watkins, Mannie

Watkins, Neta Tallman - and Pearl Thompson - Effie Thomp:

son that on the 23rd day of February A. D. 1891, an instrument of

writing, purporting to be the last Will and Testament of Henton

Tallman 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 applica=

tion will be for hearing this Court on the 26" day of February A.

D. 1891 at 10 o'clock A. M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 23rd day of February, A. D. 1891

{Seal} N. F. Overturf

Probate Judge

Proof of Service Filed: Feb 26/91

The State of Ohio }

Delaware County ss } William H. H. Tallman being duly sworn,

says that on the 24 day of February, A.

D. 1891, he served the within notice by delivering a true copy thereof

to the within named Amanda M. Tallman Frances M. Ander=

son - Charles T. Watkins - George H. Watkins Mannie Wat=

kins whose proper name is Nina May Watkins - Neta Tallman and

Pearl Thompson on whose proper name is F. Pearl Thompson Effie

Thompson is not a resident of the State of Ohio & Frank Watkins

William H. H. Tallman
Delaware County Ohio Will Records Vol. 9 1890-1893 (177)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (177)

Description

[page 177]

[corresponds to page 148 of Delaware County Ohio Will Records Vol. 9 1890-93]

148

Henton Tallman's Will

Subscribed in my presence and sworn to before me this 26" day of

February A. D. 1891

N. F. Overturf

Probate Judge

Journal Entry

February 26" 1891 }

In the matter of the Will of }

Henton Tallman - deceased } Be it remembered, that heretofore to wit:

on, the 23rd day of February, A.D. 1891

an instrument of writing, purporting to be the last Will and Testament

of Henton Tallman late of Delaware City in this County, deceased,

was produced in open Court for probate, and was then filed. And, it

not 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 Amanda M. Tallman -

widow - Frances M. Anderson - Charles T. Watson - George H.

Watkins - Frank Watkins - Mannie Watkins - whose proper name is

Nina May Watkins - Neta Tallman - and Pearl Thompson -

William H. H. Tallman 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 Sonie Welch one of

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 him subscribed, and filed with said Will.

And the further hearing of this Will is continued to take the

testimony of Henry S. Culver the other subscribing witness to said

Will, until the 4" day of March, A. D. 1891 at 4 o'clock P.M.

N. F. Overturf

Probate Judge

"Testimony of Witness" Filed Feb. 26/91
Mch 4/91

In Probate Court } In the Matter of Proving the last Will

Delaware County, Ohio } and Testament of Henton Tallman - deceased

The State of Ohio }

Delaware County ss } Sonie Welch, being duly sworn and examined as

was present at the execution of the instrument now shown to me, bearing

date the 3rd day of December, A. D. 1889 and offered for probate as the

last Will and Testament of Henton Tullman late of Delaware

Township, in said County of Delaware, deceased, and saw the said hen=

ton Tallman now deceased sign and seal said instrument, and heard

him acknowledge the same to be his last Will and Testament, and

I, thereupon, at this 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.

Sonie Welch
Delaware County Ohio Will Records Vol. 9 1890-1893 (178)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (178)

Description

[page 178]

[corresponds to page 149 of Delaware County Ohio Will Records Vol. 9 1890-93]

149

Henton Tallman's Will

Sworn to and subscribed by said witness in open Court, this 26" day

of February, A. D. 1891

{Seal} N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County ss } Henry S. Culver 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 3rd day of December. A. D. 1889, and offered

for probate as the last Will and Testament of Henton Tallman -

late of Delaware Township in said County of Delaware, de=

ceased, and saw the said Henton Tallman, 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.

Henry S. Culver

Sworn to and subscribed by said witness in open Court, this 4"

day of March, A. D. 1891

{Seal} N. F. Overturf

Probate Judge

Journal Entry

March 4th 1891

In the Matter of the Will }

of Henton Tallman - deceased }

This day came Henry S. Culver, the

other subscribing witness to said Will, who being duly sworn, testi=

fied to the due execution and attestation of said Will, which testi=

mony 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 Henton

Tallman 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 -

Citation ordered and issued to Amanda M. Tallman, widow of

said decedent - to elect as to said Will, as required by law.

N. F. Overturf

Probrate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (179)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (179)

Description

[page 179]

[corresponds to page 150 of Delaware County Ohio Will Records Vol. 9 1890-93]

150

Henton Tallman's Will

Copy of Will

In the name of the Benevolent Father of All I Henton Tall:

man of the City of Delaware Delaware County, Ohio, being of

sound and disporing mind and memory do make and publish this my last

Will and Testament.

First - I desire that all my just debts and funeral expenses shall

be paid.

Second - I will and bequeath unto my dearly beloved wife Amanda

M. Tallman all my property both real and personal of every

description during her natural life and at her death to be divided equal:

ly among my children or their Legal representatives, and I further di=

rect that of the income of my property or the use of the same both real and

personal is not sufficient to the proper support of my said wife that

she shall use of the principal such amount as is necessary to prop:

erly & comfortably support her during her life.

Third - I appoint as executors to this my last Will and Testament

my dear son, William H. H. Tallman & William B.

Thompson of the City of Columbus, Ohio

Witness my hand & seal this 3rd day

of December A.D. 1889

Henton Tallman

Signed by the Testator Henton Tallman as and for his last will

and Testament in our presence who at his request & in his presence &

in the presence of each other have signed our names as subscribing wit=

nesses.

Sonie Welch

Henry S. Culver
Delaware County Ohio Will Records Vol. 9 1890-1893 (180)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (180)

Description

[page 180]

[corresponds to page 151 of Delaware County Ohio Will Records Vol. 9 1890-93]

151

Elizabeth Donovan's Will

Journal Entry

March 5th 1891 }

In the Matter of the Will of }

Elizabeth Donovan - deceased } This day, an instrument of writing, pur=

porting to be the last Will and Testament

of Elizabeth Donovan, late of Delaware Township, in this Coun=

ty, deceased, was produced in open Court for Probate: On considera=

tion 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 Harry Donovan - Thomas Donovan -

Ellen Olney - Emma Clark - and Bell Gwinner (John Don=

ovan 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 10th

day of March A. D. 1891 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 Elizabeth } Application to Admit to Probate

Donovan - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Elizabeth Donovan late a resident of the Township of Dela=

ware in said County, died on or about the 6" day of November A.

D. 1890, leaving an instrument in writing, hereto attached, purporting

to be her last Will and Testament. That the said Elizabeth

Donovan died leaving the following named persons her only next of kin

resident of the State of Ohio:

Name Degree of Kinship P.O. Address

John Donovan Son Delaware O.

Harry Donovan " " "

Thomas Donovan " " "

Taylor Donovan " Red Oak, Iowa

Ellen Olney Daughter Delaware O

Emma Clark " " "

Bell Gwinner " " "


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
Delaware County Ohio Will Records Vol. 9 1890-1893 (181)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (181)

Description

[page 181]

[corresponds to page 152 of Delaware County Ohio Will Records Vol. 9 1890-93]

152

Elizabeth Donovan's Will

The foregoing application was signed in my presence and sworn to before

me, this 5" day of March, A. D. 1891.

N. F. Overturf

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 5th day of March, A. D. 1891.

John Donovan


Notice

The State of Ohio } In Probate Court

Delaware County, ss }

In the matter of the last Will and Testament

of Elizabeth Donovan - deceased.

To John Donovan

You are hereby commanded to not:

ify Harry Donovan, Thomas Donovan - Ellen Olney - Emma

Clark and Bell Gwinner that on the 5th day of March A. D.

1891 an instrument of writing, purporting to be the last Will and Testa=

ment of Elizabeth Donovan late of Delaware Township in said

County, deceased, was produced in said Court, and an application to

admit the same to probate was in the same day made in said court

Said application will be for hearing, before this Court in the 10" day of

March, A. D. 1891 at 10 o'clock P.M.

Witness my hand and the seal of said Pro=

bate Court, at Delaware, Ohio, this 5" day of March A. D. 1891.

{Seal} N.F. Overturf

Probate Judge

Proof of Service Filed Mch 10/91

The State of Ohio }

Delaware County, ss } John Donovan being duly sworn says

that on the 5" day of March, A. D. 1891.

he served the within named by delivering a true copy there of to the

within named Harry Donovan, Thomas Donovan - Ellen Olney

Emma Clark and Bell Gwinner.

John Donovan

Subscribed in my presence and sworn to before me this 10" day

of March A. D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (182)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (182)

Description

[page 182]

[corresponds to page 153 of Delaware County Ohio Will Records Vol. 9 1890-93]

153

Elizabeth Donovan's Will

Testimony of Witnesses Filed Mch 10/91

In Probate Court } In the Matter of Proving the last Will and
}
Delaware County, Ohio } Testament of Elizabeth Donovan - deceased

The State of Ohio }
}
Delaware County, ss. } Carrie Gwinner, being duly sworn and ex=

amined 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 20th day of February, A. D. 1885, and offered

for probate as the last Will and Testament of Elizabeth Donovan,

late of Delaware Township, in said County of Delaware deceased,

and saw the said Elizabeth Donovan, 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 instru=

ment; was of full age, of sound mind and memory, and not under any

restraint.

Carrie Gwinner Donovan

Sworn to and subscribed by said witness in open Court, this 10th

day of March, A. D. 1891.

N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County, ss } Jackson Hipple, 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, hearing date the 20" day of February,

A. D. 1885 and offered for probate as the last Will and Testa=

ment of Elizabeth Donovan, late of Delaware Township in

said County of Delaware, deceased, and saw the said Elizabeth

Donovan, 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.

Jackson Hipple

Sworn to and subscribed by said witness in open Court, this

10" day of March A. D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (183)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (183)

Description

[page 183]

[corresponds to page 154 of Delaware County Ohio Will Records Vol. 9 1890-93]

154
Elizabeth Donavan's Will

Journal Entry

March. 10th 1891.

In the Matter of the Will of}

Elizageth Donovan- deceased } Be it remembered, that heretofore to wit:

on the 5th day of March A.D. 1891 an

instrument of writing, purporting to be the last Will and Testament

of Elizabeth Donovan- late of Delaware 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 Harry

Bell Gwinner (John Donovan 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 Carrie

Gwinner Donovan and Jackson Hipple 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 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 Elizabeth Donovan,

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 therein, be entered of record in this Court.

N.F. Overturf

Probate Judge.


Will Filed Mch 5/91.

I Elizabeth Donovan of the City of Delaware County of

Delaware and State of 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

and that my Executor hereinafter named purchase a suitable burial Lot

in Oak Grove Cemetery in said City. Also that he purchase and

place thereon a suitable monument, which I desire to be my burial place.

Item 2,

I give and devise to my son Taylor Donovan & his heirs forever One

hundred dollars to be paid to him by my Executor.

Item 3.

I give and devise to my son Thomas Donovan and his heirs forever The

north part of the following described premises To-wit- Being the same

premises converyed to me by Frederick Grebner & wife by deed dated May

2nd 1864. Recorded in Vol. 54- pages 259 & 260 Records of Deeds of

Delaware County, Ohio. Situate in the City of Delaware County

of Delaware and State of Ohio in R. 19, Tp 5. Sec 4. & part of farm

Lot No. 12. Known as Out Lots No. 1 & 2. Bounded and described as

follows Commencing at the S.W. corner of Lot N. in a Subdivision
Delaware County Ohio Will Records Vol. 9 1890-1893 (184)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (184)

Description

[page 184]

[corresponds to page 155 of Delaware County Ohio Will Records Vol. 9 1890-93]


Elizabeth Donovan's Will 155

among the heirs of Milo D. Pettibone, thence N. to the S line of the Strip

of land heretofore deeded to the C.C. & C.R.R.C. by S. Finch for road:

way thence Eastwardly along said South line of said Strip 12 rods and one

hundredth of a rod. thence South to the South line of said Lot thence

West to the place of beginning being Out Lots 1 & 2 as called in a subdivis-

ion made by James Eaton Sept. 28. 1853 for Finch & Lamb supposed

to contain about 2 1/2 acres of land"

The North part of the above described premises above devise to said Thom:

as Donovan & his heirs is to extend from the North line far enough

south to include the Barn or Stable on said premises together with

the dwelling house and all other privileges & appurtenances as belonging to

said North part- and extends the whole length of said premises from

East to West

Item 4.

I give and devise to my sons John Donovan and Harry Donovan and their

heirs forever The middle part of said Out Lots No 1 & 2 bounded in the

North by a line across the same from East to West at the south line of said

Barn or Stable and on the South by a line across the said premises from

East to West 12 rods north of the South line of said premises with all the

buildings privileges & appurtenances on said middle part.

Item 5.

I give and devise to my daughter Belle Gwinner & her heirs forever four

rods in width off the South End of said Out Lots No 1 & 2 with all

the privileges & appurtenances thereunto belonging.

Item 6.

I give bequeath & devise to my son Thomas Donovan & his heirs forever all

my household goods & furniture and kitchen furniture beds & bedding.

Item 7.

All the rest and residue of my property goods, chattels, money & notes I

give devise and bequeath to my daughters Ella Olney Emma Clark

Belle Gwinner and my sons Thomas Donovan John Donovan & Harry

Donovan share & share alike to them & their heirs forever.

Item 8.

I do hereby nominate and appoint John Donovan my son Executor of

this my last Will and Testament hereby authorizing and empowering him

to compromise, adjust, release and discharge in such manner as he may

deem proper the debts and claims due me in order to carry out the pro:

visions of the foregoing Will

I desire that no appraisement and no sale of my personal property be

made and that the Court of Probate direct the omission of the same in

pursuance of the Statute

I do hereby revoke all former Wills by me made.

In testimony whereof I have hereunto set my hand and seal this 20th

day of February A.D. 1885.

Elizabeth Donovan. {Seal}

Signed and acknowledged by said

Elizabeth Donovan as her last

Will and Testament in our presence

and signed by us in her presence

Carrie Gwinner

Jackson Hipple.
Delaware County Ohio Will Records Vol. 9 1890-1893 (185)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (185)

Description

[page 185]

[corresponds to page 156 of Delaware County Ohio Will Records Vol. 9 1890-93]


156 James Smith Campbell's Will

4845 Journal Entry

March. 10th 1891.

In the Matter of the Will of }

James Smith Campbell-deceased} This day an instrument of writing, pur:

porting to be the last Will and Testament of

James Smith Campbell, late of Delaware City, in the 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 pro:

bate and record, be given to Antoinette L. Campbell, his widow, and

John E. Campbell, Antoinette C. Edwards. Katherine L

Edwards and Mary Joe Edwards (Joseph D. Campbell hav:

ing, 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 14th day of March

A.D. 1891 at 4 o'clock P.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed mch 10/91


The State of Ohio } In Probate Court

Delaware County.ss.}

In the Matter of the }

Last Will and Testament } Application to Admit to Probate.

of James Smith Camp: }

bell - Deceased ~ }

To the Hon. N.F. Overturf, Judge of

the Probate Court in and for said County

Your petitioner respectfully represents that

James Smith Campbell, late a resident of the Township of Dela-

ware in said County, died on or about the 4" day of March. A.D.

1891, leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said James Smith Camp:

bell died leaving Antoinette L. Campbell, 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 E. Campbell Son Delaware O.

Joseph D. Campbell " " "

Antoinette C. Edwards Grand daughter " "

Katherine L. Edwards " " "

Mary Joe Edwards " " "


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 proceedigns.

J. D. Campbell.
Delaware County Ohio Will Records Vol. 9 1890-1893 (186)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (186)

Description

[page 186]

[corresponds to page 157 of Delaware County Ohio Will Records Vol. 9 1890-93]

James Smith Campbell's Will 157

The foregoing application was signed in my presence and sworn to be:

fore me, this 10" day of March. A.D. 1891.

N.F. Overturf

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 10" day of March A.D. 1891.

J.D. Campbell.


Notice

The State of Ohio } In Probate Court

Delaware County ss.}

In the matter of the last Will and Testa:

ment of James Smith Campbell- deceased.

To Joseph D. Campbell:

You are hereby commanded to

notify Antoinette L. Campbell- John E. Campbell - Antoinette

C. Edwards Katherine L. Edwards and Mary Joe Edwards

that on the 10" day of March A.D. 1891, an instrument of writing, pur:

porting to be the last Will and Testament of James Smith Campbell

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 hear:

ing before this Corut on the 14" day March A.D. 1891 at 4 o'clock

P.M.

Witness my hand and the seal of said Probate Court, at

Delaware, Ohio, this 10" day of March A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed 12/91


The State of Ohio }

Delaware County.ss} Joseph D. Campbell being duly sworn

says that on the 10" day of March A.D. 1891

he served the within notice by delivering a true copy thereof to the

within named Antoinette L. Campbell- John E. Campbell-

Antoinette C. Edwards- Katherine L. Edwards- Mary Joe

Edwards.

J.D. Campbell.

Subscribed in my presence and sworn to before me this 12" day of

March. A.D. 1891.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (187)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (187)

Description

[page 187]

[corresponds to page 158 of Delaware County Ohio Will Records Vol. 9 1890-93]

158 James Smith Campbell's Will

Journal Entry

March 14th 1891.

In the Matter of the Will of }

James Smith Campbell- dec. }

Be it remembered that heretofore to wit:

on the 10th day of March. A.D. 1891. an instrument of writing, purport-

ing to be the last Will and Testament of James Smith Camp:

bell 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 satisfcction of the Court, that due notice of the filing of

said Will, and of the application to admit the same to probate and rec:

ord in this Court has been given to Antoinette L. Campbell, his

widow- and John E. Campbell, Antoinette C. Edwards- Kathe:

rine L. Edwards- and Mary Joe Edwards (Joseph D Camp:

bell having waived Notice) next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court.

And the further hearing of this Will is continued to Monday the

16th day of March. A.D. 1891. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Probate of Will Filed Mch 16/91


The State of Ohio } In Probate Court

Delaware County.ss }

Personally appeared in open Court Isaac

R. Elston and William A Hall the subscribing witnesses to the

last Will and Testament of James Smith Campbell late of Del:

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 10" day of September. A.

D. 1887 purporting to be the last Will and testament of James

Smith Campbell now deceased is the Will of said deceased James

Smith Cempbell 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 Smith Campbell deceased, sign and seal said Will,

and heard him acknowledge the same to be his last Will and Testa:

ment, and that the said James Smith Campbell 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 R. Elston

William A. Hall

Sworn to and subscribed by said witnesses, in open Court this

16" day of March. A.D. 1891.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (188)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (188)

Description

[page 188]

[corresponds to page 159 of Delaware County Ohio Will Records Vol. 9 1890-93]

James Smith Campbell's Will 159


Journal Entry

March. 16th 1891

In the Matter of the Will of: }

James Smith Campbell- deceased.} This day came Isaac R. Elston and

William A. Hall, 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 aforesaid instrument of writing is the last Will

and Testament of said James Smith Campbell, 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.

Citation ordered and issued to Antoinette L. Campbell, widow of

said decedent, to elect as to said Will, as required by law, And

thereupon came the said Widow, and in writing acknowledged service of

the said Citation.

N.F. Overturf

Probate Judge.


Will

I, James S. Campbell of Delaware in the County of Delaware

and State of Ohio do hereby make and publish my last will and tes:

tament, intending thereby to dispose of all my worldly estate of which

I shall be possessed at the time of my decease.

First ~ I give devise and bequeath unto my beloved wife Antoinette

L. Campbell (in case she survives me) all my estate both real and

personal, in whatever it consists or wherever situated at the time of

my decease, absolutely: and if my said wife Antoinette L. Campbell

should not be living at the time of my decease I desire my whole

estate divided in the following manner to wit:

First ~ That all my just debts and funeral expenses and the

costs of administration be first paid.

Second ~ I give devise and bequeath unto my son John E. Camp:

bell one full equal one third (1/3) part of my estate, both real and

personal in whatever it consists or wherever situated at the time of

my decease, after the payment of my said debts and costs of ad:

ministration.

Third ~ I give devise and bequeath unto my son Joseph D.

Campbell one full equal one third (1/3) part of my estate (after the

payment of said debts and costs of administration) both real and

personal, in whatever it consists or wherever situated at the time of my

decease

Fourth ~ I devise and bequeath unto my son John E. Campbell and

his heirs the residue and remainder of all my estate, real and personal

of which I shall die seized or possessed, after the payment of my debts
Delaware County Ohio Will Records Vol. 9 1890-1893 (189)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (189)

Description

[page 189]

[corresponds to page 160 of Delaware County Ohio Will Records Vol. 9 1890-93]


160 John Smith Campbell Will

and the expenses of administration together with such legacies and be:

quests as are hereinbefore made- In Trust - for the uses and purposes

following, to wit: First In trust to lease the said real property and to take

collect and receive the rents issues and profits thereof and out of the same

to keep the said premises in good order and repair and properly insured and

pay all taxes assessments and charges that may be imposed thereon.

Second. In trust to sell and convert all of said interest in my personal

estate into money at any time and in such manner as in the Judgment

of said trustee, will be for the best interest of said estate.

Third ~ In trust, to sell all of said interest in my said real estate and

convey the same by deed to quit claim, with warranty against incum:

brance at any time and in any manner he may deem it for the best

interest of said estate or for the best interest of my Grand Children

hereinafter mentioned. and invest the proceeds of such sale in such

manner as will be in his Judgment for the best interest of said es:

tate and said Children.

Fourth ~ Out of the rents aforesaid or proceeds of sale of either per:

sonal or real property or both to pay the expenses of supporting, main:

taining and educating each of my Grand Children by my daugh:

ter Mary Edwards to wit: Antoinette Catharine and Mary

Edwards, in such manner as he shall deem suitable and proper un:

til my said Grand Children shall all arrive at legal age.

Fifth ~ When all of my said Grand Children shall arrive at legal

age my. Trustee shall convey all the remaining part of said estate here:

inbefore conveyed to him if there be any unconveyed) together with

any income of the same remaining in his hands - or pay the proceeds of

said estate (if the same has been sold by him as hereinbefore provided)

remaining in his hands to my said Grand Children or to those who

are then living in equal shares - and if all of said Grand Children

should die before the period above named, for distribution, then said es:

tate or the proceeds thereof remaining in the hands of my said Trustee

shall be divided equally between my sons John E. and Joseph D.

Campbell or their heirs.

I hereby appoint said Joseph D. Campbell Executor of this

my last Will and Testament and request that no appraisement and

no sale of my personal property be made and that no bond be required of

my said executor, 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

tenth day of September. A.D. 1887.

James Smith Campbell. {Seal}


Signed and acknowledged by said James S. Campbell as his last

Will and Testament in our presence - and signed by us in his pres:

ence
Isaac R. Elston

William A. Hall
Delaware County Ohio Will Records Vol. 9 1890-1893 (190)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (190)

Description

[page 190]

[corresponds to page 161 of Delaware County Ohio Will Records Vol. 9 1890-93]

161

Zane Wilson's Will

4854

Journal Entry

April 20" 1891

In the Matter of the Will }

of Zane Wilson deceased }

An authenticated copy of the last Will

and Testament of Zane Wilson deceased, late of Los Angeles Coun-

ty - State of California, was this day presented to this Court for record

by Floe Wilson, whereupon the Court being satisfied on examina-

tion that said Will was duly executed and proved according to the laws

of the State of California, and part of the property by said Will de-

vised being situated in this County, said Copy is hereby admitted

to record in this Court according to law

N. F. Overturf

Probate Judge


In the Superior Court

of

The County of Los Angeles, State of California

In the Matter of the Estate } Order Appointing Time for Probate of Will and

of Zane Wilson - deceased } Publication of Notice of the same, and time of setting by the Clerk

It is hereby Ordered, that Tuesday, the 3rd day of March 1891 at 10

o'clock A.M., of said day, at the Court Room of said Court Department

Two thereof, corner of Franklin and New High streets, in the City of

Los Angeles, in the County of Los Angeles be and the same is hereby

appointed the time and place for proving the last Will and Testament of

said Zane Wilson, deceased and hearing the application of Floe Wilson

for letters testamentary and any person interested may appear and contest

the said Will and may file objections in writing to the granting of letters

testamentary to said petitioner.

It is further Ordered, that notice be given thereof by the Clerk

of said Court by publication not less than ten days before said day of

hearing aforesaid in the Evening Express a newspaper printed and

published in said County

Dated Feb. 17th 1891.

W. H. Clark

Judge of the Superior Court

State of California } ss

County of Los Angeles }

Be it Remembered that the hearing

of the petition herein by the Court is hereby fixed for Tuesday,

the 3rd day of March 1891, at the Court room of the Superior

Court, Department Two thereof, corner of Franklin and New

High streets, City of Los Angeles, State of California at
Delaware County Ohio Will Records Vol. 9 1890-1893 (191)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (191)

Description

[page 191]

[corresponds to page 162 of Delaware County Ohio Will Records Vol. 9 1890-93]

162

Zane Wilson's Will

10 o'clock A.M.

Date Feb 17 1891

T. H. Ward - Clerk

By M. J. Ashmore

Deputy Clerk

In the Superior Court of the County of Los Angeles

State of California

In the Matter of the Estate of } Order Admitting Will to Probate

C. C. P. Sect. 1308

The Petition of Floe Wilson heretofore filed in the above entitled matter

praying for the admission to probate of a certain document filed herein pur-

porting to be the last WIll and Testament of Zane Wilson deceased to

be appointed Executrix of the said last Will and Testament of said de-

ceased and that Letters Testamentary thereon be granted to said petition-

er, this day regularly coming on to be heard, and due proof being made

that notice has been duly given of the time appointed for proving said Will

and for hearing said petition according to law to all parties interested and

after examining the said petitioner and Henry Hart and William

Uhl the subscribing witnesses to said Will and it appearing that said

document is the last Will and Testament of said Zane Wilson de-

ceased: That it was executed in all particulars as required by law and

that the said testator at the time of the execution of the same was of

sound and disposing mind and not acting under undue influence men-

ace fraud or duress, and that said testator died on or about the 6th day

of Feb. A.D. 1891 and was a resident of the County of Los Angeles

in the State of California at the time of his death, and that he left

estate of the value and character as follows, to wit: Personal estate of the

value of Nine Hundred Dollars and the annual rents, issues and

profits of the value of none Dollars.

It is ordered that the said document heretofore filed purporting

to be the last Will and Testament of Zane Wilson deceased be ad-

mitted to probate as the last will and testament of said deceased the

said Floe Wilson be, and she is hereby appointed Executrix and the

Letters Testamentary thereon issue to said petitioner: Floe Wilson

upon taking the oath as required by law

W. S. Pierce

Judge of the Superior Court

Presiding

Dated March 3rd A.D. 1891
Delaware County Ohio Will Records Vol. 9 1890-1893 (192)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (192)

Description

[page 192]

[corresponds to page 163 of Delaware County Ohio Will Records Vol. 9 1890-93]

163

Zane Wilson's Will

In the Superior Court

The County of Los Angeles, State of California

In the Matter of the Probate } Letters Testamentary

of Zane Wilson - deceased }

State of California }

County of Los Angeles ss } The Last Will and Testament of Zane

Wilson deceased (a copy of which is hereto

annexed) having been proved and recorded in the Superior Court of the

County of Los Angeles, State of California and Floe Wilson who

is named therein, is hereby appointed Executrix

Witness: T. H. Ward Clerk

of the Superior Court of the County of Los Angeles, with the Seal

of the Court affixed the 3 day of March A.D. 1891

{Seal} By order of the Court

T. H. Ward, Clerk

` By F. E. Lowry

Deputy Clerk

State of California } ss

County of Los Angeles } I do solemnly swear that I will support

the Institution of the United States and

the Constitution of the State of California and that I will faith:

fully perform according to law the duties of Executrix of the last

Will and Testament of Zane Wilson, deceased.

Floe Wilson

Subscribed and sworn to before me this 3rd day of March A.D. 1891.

T. H. Ward

County Clerk and exofficio

Clerk of the Superior Court

By F. E. Lowry Deputy Clerk -

State of California } ss

County of Los Angeles } I, T. H. Ward, County Clerk and Ex-

Officio Clerk of the Superior Court within

and for the County and State aforesaid do hereby certify the foregoing

to be a full true and correct copy of the original Letters Testamen-

tary granted herein, as the same appears of record and on file in

my office, and that I have carefully compared the same with the

original.

In Witness Whereof, I have hereunto set my hand and

affixed the Seal of the Superior Court this day of 189

T. H. Ward

County Clerk
Delaware County Ohio Will Records Vol. 9 1890-1893 (193)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (193)

Description

[page 193]

[corresponds to page 164 of Delaware County Ohio Will Records Vol. 9 1890-93]

164

Zane Wilson

In the Name of God, Amen

I Zane Wilson of Monrovia County of Los Angeles, State of Cal-

ifornia, of the age of Forty One years and being of sound and disposing

mind and memory, and not acting under duress menace fraud or undue

influence of any person whatever, do make, publish and declare this my

last Will and Testament in manner following: that is to say:

First After my death I do hereby authorize my hereinafter named

Executrix to bury my body in a decent manner and pay all my

just debts out of my property real and personal

Secondly After all my debts are paid I bequeath all my proper-

ty personal and real now in my possession to my dear Wife, Floe

Wilson, for her use and purpose and dispose of it as she may choose

My real estate is composed of a Farm of 108 acres located in Dela-

ware Co. and State of Ohio. My residence in Monrovia and a half

interest in a Lot near the City of Pasadena, in Los Angeles Coun-

ty and State of California.

Thirdly. I do hereby constitute and appoint my Wife Floe

Wilson as my Executrix of this my last Will and Testament with

full power to act as though I was living and acting for myself

My Executrix she not be required to give Bond in the execution

of this my Will and hereby revoke all former wills by me made.

In Witness Whereof, I have hereunto set my hand

and seal this fifth day of February in the year of our Lord one thous-

and eight hundred and ninety one at 3 1/2 o'clock P.M.

Signed Zane Wilson {Seal}

The foregoing instrument consisting of one

page besides this, was, at the date hereof,

by the said Zane Wilson signed and

sealed and published as and declared to

be His last Will and Testament, in

the presence of us, who, at His request

and in His presence, and in the presence

of each other, have subscribed our names

as witnesses thereto.

Wm. Uhl

Residing at Monrovia Los Angeles

County - State of California

Henry Hart

Residing at Monrovia Los Angeles

County - State of California
Delaware County Ohio Will Records Vol. 9 1890-1893 (194)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (194)

Description

[page 194]

[corresponds to page 165 of Delaware County Ohio Will Records Vol. 9 1890-93]

165

Zane Wilson's Will

In the Superior Court

In and For the County of Los Angeles

State of California

In the Matter of the Estate } Certificate of Proof of Will, and

the Facts Found

State of California } ss

County of Los Angeles }

I, W. H. Clark, Judge of said Superior Court

do hereby certify that on the 3 day of March A.D. 1891 - the annexed

Instrument was admitted to Probate, as the last Will and Testament

of Zane Wilson deceased, and from the proofs taken and the examination

had thereon, the said Court finds as follows:

That said Zane Wilson died on or about the 6th day of February A.

D. 1891 in the County of Los Angeles State of California, that at

the time of his death he was a resident of the County of Los Angeles

State of California that the said annexed Will was duly executed by

the said deceased in His life time, in the County of Los Angeles

State of California, and signed by the said Testator in the presence of

Henry Hart and William Uhl the subscribing witnesses thereto,

that he acknowledged the execution of the same in their presence and

declared the same to be his last Will and Testament and the said wit-

nesses attested the same at his request in his presence and in the pres-

ence of each other; that the said decedent, at the time of executing said

Will was of the age of eighteen years and upwards, was of sound and dis-

posing mind and not under duress, menace, fraud or undue influence

nor in any respect incompetent to devise and bequeath his estate.

In Witness Whereof, I have signed this certif-

icate and caused the same to be attested by the Clerk of said Court

under the seal thereof, this 3 day of March 1891.

W. L. Pierce

Judge of said Superior Court

Presiding

Attest:

{Seal} T. H. Ward - Clerk

By F. E. Lowry - Deputy

In the Superior Court of the State of California

In and for the County of Los Angeles

In the Matter of the Estate }

of Zane Wilson - Deceased }

It is hereby ordered: That Henry Hart

Wm Uhl and Wm B. White three disinterested persons (any two of

whom may act) be and they are appointed Appraisers to appraise

the estate of said deceased.

Dated March 3d A.D. 1891

W. L. Pierce

Judge of the Superior Court

Presiding
Delaware County Ohio Will Records Vol. 9 1890-1893 (195)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (195)

Description

[page 195]

[corresponds to page 166 of Delaware County Ohio Will Records Vol. 9 1890-93]

166

Zane Wilson Estate

In the Superior Court of

Los Angeles County - State of California

Estate of Zane Wilson } Decree of Distribution

deceased }

Floe Wilson the Executrix of the estate of Zane

Wilson, deceased, having on the 17th day of March - 1891, filed in this Court her

Petition setting forth that the value of the whole of the estate of Zane

Wilson, deceased, is less than the sum of Fifteen Hundred Dollars,

(to wit: the sum of 933.25) and asking that the whole of said estate be as-

signed and set over for the support of the Widow of said deceased as provided

in Sec. 1469 of the Code of Civil Procedure -

This Court proceeded to the hearing of said Petition and it appear-

ing to the satisfaction of this Court, that the value of the whole of said

estate is less than the sum of Fifteen Hundred Dollars, and that

due and legal Notice had been given of the hearing of this Petition and no

person appearing against or filing objections thereto: And it further ap-

pearing that Floe Wilson the surviving Widow of said deceased is en-

titled to the whole of the estate, after paying the expenses of the last ill-

ness of the said deceased, and the expenses of Administration of said

estate

It is hereby ordered adjudged and decreed that the whole of the residue

of said estate of Zane Wilson deceased hereinafter particularly described

and now remaining in the hands of said Executrix, and any other prop-

erty not now known or discovered which may belong to said estate or

in which the said estate may have any interest, be and the same is here-

by distributed as follows, to wit:

The Whole of said residue to the said Floe Wilson the Widow

of said Zane Wilson deceased.

The following is a particular description of the said residue of said

estate referred to in this Decree and of which distribution is ordered

adjudged and decreed as aforesaid, to wit:

Personal Property

One Buggy Horse 50.00

" Single Buggy 20.00

" " Harness 5.00

" Spring Wagon 20.00

Household Furniture 30.00

Account against Capt. Johnson 8.25

Real Estate

An undivided one half interest in the South (10) feet of Lot No.

213 and the North (65) feet of Lot No. 24 in the Hall Tract

Pasadena 300.00

Also Lot No 24 - Block "D" of Pacific View Tract

Monrovia (with small House thereon) all in Los

Angeles County, State of California 500.00

$ 933.25

Done in open Court this 31st day of March 1891

W. H. Clark - Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (196)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (196)

Description

[page 196]

[corresponds to page 167 of Delaware County Ohio Will Records Vol. 9 1890-93]

167

Zane Wilson Estate

In the Superior Court of

Los Angeles County - State of California

Estate of Zane Wilson } Order for Notice

deceased }

The Petition of Mrs. Floe Wilson Execu-

trix of the estate of Zane Wilson, deceased, having been duly filed in

this Court praying that the whole of the estate of said deceased be set

aside and assigned for the use and support of the Widow of the decedent

under Sec. 1469 of the C. C. P.

It is hereby ordered that on Tuesday the 31st day of March 1891

the said Petition will be heard in this Court and that notice thereof

be given by posting and Notice for ten days from and after this date

March 19th 1891.

H. Clark

Judge

In the Superior Court of the

County of Los Angeles - State of California

In the Matter of the Estate } Final Discharge of Executrix

of Zane Wilson - deceased }

Floe Wilson the Executrix of Estate of

Zane Wilson deceased, having performed all the acts lawfully required of

Her as such Executrix -

It is Ordered Adjudged and Decreed: That said Floe Wilson is before

said has fully and faithfully discharged the duties of Her trust, that she

is hereby wholly and absolutely discharged from all further duties and

responsibilities as such Executrix and Her sureties are hereby released from

any liability to be hereafter incurred.

Done in Open Court this 31st day of March 1891.

{Seal} W. H. Clark

Superior Judge

State of California } ss

County of Los Angeles } I T. H. Ward County Clerk and ex-officio

Clerk of the Superior Court do hereby certify the

foregoing to be a full true and correct copy of the original Order appointing

Time for Probate of Will and Directing Publication of the same Also of No-

tice of Time set by the Clerk - Ordrer admitting Will to Probate - Letters Tes0

tamentary Last Will and Testament Certificate of Proof of Will and the facts

found Order appointing appraisers Decree of Distribution Order for Publication of

Notice of hearing Petition Setting aside whole of estate to Widow - Final

Discharge of Executrix on file in my office and that I have carefully com-

pared the same with the original.

In Witness Whereof I have hereunto set my hand and affixed the

seal of the Superior Court, this 1st day of April 1891.

{Seal} T. H. Ward - County Clerk

By A. A. Bayley - Deputy
Delaware County Ohio Will Records Vol. 9 1890-1893 (197)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (197)

Description

[page 197]

[corresponds to page 168 of Delaware County Ohio Will Records Vol. 9 1890-93]

168

Nancy Phillips Estate

Journal Entry

April 23rd 1891

This day came Philip Jones - Administrator with

the Will annexed of said decedent and filed for record in this Court,

a certain contract and obligation purporting to have been signed by each and

all the heirs at Law of said decedent, providing therein for divers things

and especially that said Administrator may receive from one of said

heirs at Law, to-wit: Josephus Phillips $500.00 in full discharge of $660.00

the amount found by this Court in proceedings for concealing assets of

said estate against said Josephus Phillips - said agreement also provid=

ed that said estate be by said Administrator distributed differently than

is provided by the Will of said Testate.

It is therefore ordered that said writing be recorded in full in the rec=

ord of Wills of this Court Vol. 9. Page 168 and that reference of

this said record be noted at beginning and ending of the record of said

Will, all of which is accordingly done.

N. F. Overturf

Probate Judge


Contract"

Whereas, Differences have arisen between the undersigned, Josephus

Philips, Eliza Jane Baker -Jemima A. C. Mills and Margaret

Johnson, children and heirs at Law of Nancy Philips dec 8 as to the

legal ownership of certain money in the hands of F. P. Vergon - represent=

ed by a promissary Note of said Vergon's which is made payable to said

Joseph Philips, as to whether said sum of money, to-wit: about Six

hundred Dollars, more or less, legally belongs to the estate of said

Nancy Philips deceased, or to the said Josephus Philips, and said

question being in litigation under proceedings which were commenced in

the Probate Court of Delaware County, Ohio: And Whereas,

Further, there are differences of opinion among said parties as to wheth-

er a certain paper purporting to be the last Will and Testament of the said

Nancy Philips deceased, and which has been admitted to Record in said

Probate Court of Delaware County Ohio, is the Valid Last Will and

Testament of the said Nancy Philips, deceased: Now for the purpose

of avoiding further litigation, and by way of an amicable adjustment of said

difference, and for the purpose of effecting a speedy and economical settle=

ment of the estate of said Nancy Philips deceased, we, the said Jose=

phus Philips, Eliza Jane Baker, Jemina A. C. Mills and Mar=

garet Johnson, said children and heirs at Law of said Nancy Philips

deceased, do mutually agree to at settlement of all of the said matters

of difference in the following manner, to-wit: The said Josephus Phil

ips is to pay to the Administration of the said estate, as assets of the

same, Five Hundred Dollars (500) of the money represented by

said Vergon Note, which he hereby agrees to do: his said Co. heirs

are to remit to said Josephus Philips whatever excess of said =

sum of $500 said Vergon note represents= And said Josephus

Philips - Jemima A. C. Mills and Margaret Johnson are not
Delaware County Ohio Will Records Vol. 9 1890-1893 (198)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (198)

Description

[page 198]

[corresponds to page 169 of Delaware County Ohio Will Records Vol. 9 1890-93]

169

Nancy Phillips Estate

to commence any legal proceedings for the contest of the said Will

of said Nancy Philips decd: which they hereby agree, not to do:

and in consideration of said premises the said Eliza Jane Baker a=

grees that she will not insist in the carrying out of the provisions of

said Will: but it is agreed hereby among all of said parties for them=

selves, their heirs Executors and Admistrators, that the entire as=

sets of said personal estate of said Nancy Philips decd, including

said $500, from the Vergon Note as above specified, after the payment

of the just debts of said four children & heirs of said Nancy Phil=

ips decd, to-wit: - said Josephus Philips Eliza Jane Baker, Je:

mima A. C. Mills and Margaret Johnson, share and share alike:

and also, it is further agreed by and between said parties, and especially

by the said Eliza Jane Baker that the Real Estate, belonging to

said estate consisting of a house and lot in the Village of Radnor,

Ohio, shall and does hereby belong to-said Four children of Nancy Phil=

ips as tenants in common: and that whenever a sale of said Real Estate

can be effected, the proceeds of such sale shall be shared and divided equally

among said Four Children as such heirs: and we hereby mutually agree

that we will each abide by and carry out each and all of the foregoing

agreements and we further agree that this writing may be entered of

record in the Probate Court of Delaware County, Ohio, as a final

settlement of all of said differences.

Witness my signature and seals, this 9th day of

April A.D. 1891.

Josephus Phillips {Seal}

Eliza Jane Baker {Seal}

Jemima A. Mills {Seal}

Margaret Johnston {Seal}

State of Illinois } ss.

County of Cook. } Before me George R. Bassett a Notary Public

in and for said County, personally appeared before

me Margret Johnson personally known to me, and subscribed to the

instrument.

George R. Bassett {Seal}

{Seal} Notary Public
Delaware County Ohio Will Records Vol. 9 1890-1893 (199)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (199)

Description

[page 199]

[corresponds to page 170 of Delaware County Ohio Will Records Vol. 9 1890-93]

170

Rees T. Jones Will

Journal Entry

April 17th 1891 }
}
In the Matter of the Will of:}
}
}
Rees T. Jones - deceased } This day, an instrument of writing, purporting to

be the last will and Testament of Rees T. Jones

late of Radnor Township, 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 Thomas W. Jones, Mary F.

Jones and Elizabeth A. Price (Rees W. Jones having in writing waived no=

tice 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 in the 28" day of April A. D. 1891, at 10 o'clock P. M.

this Court in the 28" day of April A. D. 1891 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
}
Rees T Jones - deceased }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully respresents that

Rees T. Jones late of resident of the Township of Radnor in said

County, died on about the 11" day of April, A. D. 1891, leaving an in=

strument in writing, hereto attached, purporting to be his last Will and

Testament: That the said Rees T. Jones 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

Thomas W. Jones Son Gomer O.

Mary F. Jones Daughter Hilliards O.

Elizabeth A. Price " Radnor O.

Rees W. Jones Son Radnor 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.

Rees W. Jones

The foregoing application was signed in my presence and sworn to

before me, this 17" day of April A. D. 1891.

{Seal} N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (200)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (200)

Description

[page 200]

[corresponds to page 171 of Delaware County Ohio Will Records Vol. 9 1890-93]

171


Rees T. Jones Will

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 17" day of April, A. D. 1891.

Rees W. Jones

Notice

The State of Ohio } In Probate Court

Delaware County, ss }

In the matter of the last Will and Testament

of Rees T. Jones - deceased.

To Rees W. Jones:

You are hereby commanded to notify

Thomas W. Jones - Mary F. Jones and Elizabeth A. Price that on

the 17" day of April A. D. 1891, an instrument of writing, purporting to

be the last Will and Testament of Rees T. Jones 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 28" day of

April A. D. 1891 at 10 o'clock P.M.

Witness my hand and the seal of said Probate Court,

at Delaware, Ohio, this 17" day of April A. D. 1891.

{Seal} N.F. Overturf

Probate Judge

Proof of Service April 28" 1891

The State of Ohio }

Delaware County, ss } Rees W. Jones being duly sworn, says that on

the 22 & 23 days of April A. D. 1891 he served

the within notice by delivering a true copy thereof to the within named

Thomas W. Jones - Mary F. Jones and Elizabeth A. Price

Rees W. Jones

Subscribed in my presence and sworn to before me this 28" day of April

A. D. 1891.

{Seal} N. F. Overturf

Probate Judge

Probate of Will Filed April 28/91

The State of Ohio } In Probate Court

Delaware County, ss.}

Personally appeared in open Court Joseph C.

Cox and John D. Van Deman the subscribing witnesses to the last

Will and Testament of Rees T. Jones 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 pa=

per before them bearing date the 22d day of June, A. D. 1877 pur=

porting to be the last Will and Testament of Rees T. Jones, now
Delaware County Ohio Will Records Vol. 9 1890-1893 (201)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (201)

Description

[page 201]

[corresponds to page 172 of Delaware County Ohio Will Records Vol. 9 1890-93]

172

Rees T. Jones Will

deceased, is the Will of said deceased Rees T. Jones, 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 Reese T. Jones deceased sign and seal said

Will, and heard him acknowledge the same to be his last Will and Testa=

ment, and that the said Rees T. 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.

John D. Van Deman

Joseph C. Cox

Sworn to and subscribed by said witnesses in open Court, this 28" day of

April A. D. 1891

N. F. Overturf

{Seal} Probate Judge

Journal Entry

April 28" 1891 }

In the Matter of: the Will of }

Rees T. Jones - deceased - }

Be it remembered, that heretofore, to-wit: on

the 17" day of April A. D. 1891 an instrument of writing, purporting

to be the last Will and Testament of Rees T. Jones, 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 ap=

plication to admit the same to probate and record in this Court, has

been given to Thomas W. Jones - Mary F. Jones and Elizabeth A.

Price (Rees W. Jones having waived Notice) next of kin of the Tes=

tator, resident of the State of Ohio, pursuant to a former order of

this Court; thereupon, on this day came John D. Van Deman and

Joseph C. Cox the subscribing witnesses to said Will, who being du=

ly 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 afore=

said instrument of writing is the last Will and Testament of said Rees

T. 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 an=

y 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 witnesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (202)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (202)

Description

[page 202]

[corresponds to page 173 of Delaware County Ohio Will Records Vol. 9 1890-93]

173

Rees T. Jones Will

Will Filed April 17/91

In the name of God, Amen !!! I Reese T. Jones of the Town-

ship of Radnor and County of Delaware Ohio, being of sound and dispos-

ing mind and memory and not under any restraint do make and pub-

lish this as & for my last will & testament hereby revoking and annul-

ling all former wills by me made.

Item I. I give and bequeath unto my beloved wife Sarah Jones the

use of the house which is now being constructed for me with

lot the same is situated on, together with the use of the furniture that

shall be threin at the time of my death, during her lifetime and I also

give & bequeath to her the annual rent of the undivided one half of my

farm which I am now in possession of subject to her paying the tax-

es according to the terms of the lease now existing between my two

sons David & Reese W. Jones. Also one hundred dollars in

lawful money After the death of my said wife I direct that the

said house & Lot and said furniture shall be equally divided in

the manner hereinafter set forth.

Item II. I direct that my books shall not be sold but my

children shall divide them among themselves in the fol-

lowing manner: my sons shall first select a book each in the

order of their seniority and then my daughters shall next select

a book in the order of their seniority and then again my sons shall

select until all said books are taken - it being my direction that a

book shall mean all the volumes of any particular work.

Item III. I hereby give and bequath and devise all the other prop-

erty of which I shall die seized after paying my

just debts & funeral expenses and the costs of administration of my

estate, with the expense of an appropriate tombstone to my five child-

ren namely Mary F. Jones - Thomas W. Jones - David W. Jones

Reese W. Jones and Elizabeth A. Price to be equally divided be-

tween them with the exception following namely that whereas I

have executed a note to F. Jones of Franklin County Ohio for

the sum of One thousand dollars, due at ten years after date,

which note I am liable to pay and which note was given for

the benefit of my son THomas W. Jones and which I declare

was intended by me as a portion of my said son Thomas share of

my estate. I do now hereby order and declare that said sum of

One thousand dollars shall be charged to my son Thomas, and

taken out of his share of said estate so that my other four children

shall receive an equal amount each before my said son Thomas

shall receive any thing - to wit: One thousand dollars each and I

further will & declare that should my wife Sarah Jones survive

me, then at her death all I have bequeathed to her shall be divided

among my said children as aforesaid.

Item IV. I do hereby will and devise unto my sons David W. Jones

and Reese W. Jones the undivided one half of the farm

of which I have heretofore conveyed to them the other half upon

the express condition that they are to pay to my estate the sum of

one thousand dollars for the same according to an agreement
Delaware County Ohio Will Records Vol. 9 1890-1893 (203)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (203)

Description

[page 203]

[corresponds to page 174 of Delaware County Ohio Will Records Vol. 9 1890-93]

174

Rees T. Jones Will

signed by said sons & myself on the 8th day of May. 1877, and I hereby

declare it to be my last willl that the said article of agreement shall

stand valid in all its articles & provisions.

Item V. I do hereby declare & will that the provisions I have made

for my wife is to be in lieu of dower, and in lieu of her distributive

share of my estate and of a years support.

Item VI. I do hereby constitute & appoint my three sons Thomas W.

David W & Rees W. Jones as Executors of this my last

Will & testament.

In witness whereof I have hereunto set my hand &

seal this 22nd day of June A.D. 1877

Rees T. Jones {Seal}

Signed, sealed & delcared by said Reese T. Jones as & for his last

Will & testament & we in his presence & in presence of each other have

signed the same as witnesses thereto at his request.

Joseph C. Cox

John D. VanDeman
Delaware County Ohio Will Records Vol. 9 1890-1893 (204)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (204)

Description

[page 204]

[corresponds to page 175 of Delaware County Ohio Will Records Vol. 9 1890-93]

175

John George Lacher's Will

Journal Entry April 24" 1891 -

In the Matter of the Will of }

John George Lacher - deceased }

This day an instrument of writing purport-

ing to be the last Willl and Testament of John George Lacher,

late of Delaware in this County, deceased; was produced in open court

for Probate. In 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 Veronica

Lacher widow of said Testator, (Amelia Lacher - George Philip

Lacher - and J Jacob Lacher, having in writing waived 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 1st day of May A.D. 1891, at 1 o'clock P.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed April 24/91

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 }

John George Lacher deceased} To the Hon. N. F. Overturf - Judge of the

Probate Court in and for said County.

Your petitioner respectfully represents that John George Lacher

late a resident of the Township of Delaware in said County, died on or

about the 21 day of April A.D. 1891 leaving an instrument in

writing, hereto attached, purporting to be his last Will and Testament.

That the said John George Lacher died leaving Veronica Lacher and

the following named persons his only next of kin resident of the State

of Ohio.

Name Degree of Kinship P. O. Address

John Jacob Lacher Brother Delaware O

G. Ph. Lacher " Delaware O

Amelia Lacher 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.

G. Ph. Lacher

The foregoing application was signed in my presence and sworn to

before me, this 24 day of April A.D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (205)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (205)

Description

[page 205]

[corresponds to page 176 of Delaware County Ohio Will Records Vol. 9 1890-93]

176

John George Lacher's Will

Waiver

We, the undersigned brother & sister only next of kin of the within

named decedent, hereby waive further notice and consent to the probate

of said Will.

Dated this 24 day of April A.D. 1891

G. Ph. Lacher

J. Jacob Lacher

Amelia Lacher

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will and Testament of

John George Lacher - deceased.

To George Philip Lacher:

You are hereby commanded to notify

Veronica Lacher that on the 2nd day of April A.D. 1891, an instrument

of writing, purporting to be the last Will and Testament of John George

Lacher 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 hear-

ing before this Court on the 1st day of May A.D. 1891, at 1 o'clock P.M.

Witness my hand and the seal of said Probate Court at

Delaware, Ohio, this 24" day of April, A.D. 1891.

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed Apr. 25/91

The State of Ohio }

Delaware County ss } George Philip Lacher being duly sworn says that

on the 25 day of April A.D. 1891, he served

the within notice by delivering a true copy thereof to the within named

Veronica Lacher.

G. Ph. Lacher

Subscribed in my presence and sworn to before me this 25" day of

April A.D. 1891.

N. F. Overturf

Probate Judge

Probate of Will

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Fred May-

er and Charles Liebendorfer the subscribing witnesses to the last Will

and Testament of John George Lacher 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (206)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (206)

Description

[page 206]

[corresponds to page 177 of Delaware County Ohio Will Records Vol. 9 1890-93]

177

John George Lacher's Will

paper before them bearing date the 14 day of February A.D. 1891 -

purporting to be the last Will and Testament of John George

Lacher now deceased is the Will of said deceased John George

Lacher 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

George Lacher deceased sign and seal said Will and heard him

acknowledge the same to be his last Will and Testament and that

the said John George Lacher at the time of making, signing and

sealing said Will was of full age, of sound mind and memory, and

not under any restraint.

Fred Mayer

Charles Leibendorfer

Sworn to and subscribed by said witnesses in open Court this 1"

day of May A.D. 1891.

N. F. Overturf

Probate Judge

Journal Entry

May 1st 1891. }

In the Matter of the Will of }

John George Lacher deceased }

Be it remembered, that heretofore, to wit:

on the 24" day of April A.D. 1891, an instrument of writing purport-

ing to be the last Will and Testament of John George Lacher

late of Delaware, 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 Veronica Lacher widow of said Testator

(George Philip Lacher - John Jacob Lacher and Amelia Lacher

brothers and sisters of said Testator resident of the State of Ohio

having waived Notice) pursuant to a former order of this Court: there-

fore on this day came Fred Mayer and Charles Leibendorfer the sub-

scribing 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 John George

Lacher 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (207)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (207)

Description

[page 207]

[corresponds to page 178 of Delaware County Ohio Will Records Vol. 9 1890-93]

178

John George Lacher's Will

Will Filed April 24/91

Delaware Delaware County Ohio February 14th 1891

I, John George Lacher, residing in Delaware, Delaware County Ohio

enjoying the full use of all my senses and mental faculties, do hereby

make this my Last Will and Testament, revoking also all former Wills

and Testament:

Act I I leave and bequeath to my wife Veronica Lacher all my real Estate

and Personal Property including the Benefit of my Life Insurance

Policy of One thousand $1000.00 As my wife however, is at present

not sane of mind and is in the insane Asylum of Columbus I hereby

do appoint my brother George Phillip Lacher of Delaware Ohio as

legal Guardian of my insane wife Veronica Lacher. I enjoin upon my

brother George Phillip Lacher, to visit my wife in the Columbia Asy:

lum, or in any other Institution in which she might be placed, at least

once a month, and to supply her with all necessary clothing, charging his

traveling expenses to my Estate. In case my wife dies in the Asyl:

um, her Guardian Phillip Lacher is to bury her in the Catholic

Cemetary at Delaware Ohio.

Art II.

I leave and bequeath to the Rev Ph. Steyle pastor of St. Mary's Church

Delaware or to his Successor the sum of Fifty Dollars ($50.00) to be paid

as soon as my Administrator recovers the Amount due on my Life

Insurance policy, and has paid my funeral expenses, and debts.

Art III.

If my wife Veronica Lacher should recover sufficiently to enable her to

come back to Delaware, I enjoin upon her Guardian George Phillip

Lacher, to give her the immediate use of my house in Delaware along with

my sister and the interest and accumalated interest of all the money in

vested by him as my wife's Guardian, from the time of his confirmation

by the Probate Court as her Guardian, and to continue to do so as long

as she lives or can reside in Delaware, without however resigning the

Guardianship.

Art 4.

It is my will, that, after my death, my sister Amelia Lacher,

should retain the use of my house in Delaware with all the movable

property contained in said house as long as she chooses to remain in

said house;

Art 5.

After the death of my wife Veronica Lacher all my Real Estate and

Personal Property should be divided between my Sister Amelia and my

two brothers George Phillip Lacher and Jacob Lacher or their heirs;

My sister Amelia Lacher receiving One hundred dollars ($100.00)

more than my two brothers.

Art 6.

I appoint my brother George Phillip Lacher as Administrator and

Executor of this my last Will and Testament.

To confirm the above I have hereto set my seal and signature, on

the Fourteenth day of February 1891. In the presence of two witness:

es who signed and sealed this likewise.

Witnesses { Fred Mayer {Seal} John George Lacher

{ Charles Liebendorfer {Seal} {Seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (208)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (208)

Description

[page 208]

[corresponds to page 179 of Delaware County Ohio Will Records Vol. 9 1890-93]


John T: Evans Will 179

Journal Entry

April 28" 1891

In the Matter of the Will }

of John T. Evans, deceased } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

John T. Evans, late of Delaware City, in this County, deceased, was

produced in open Court for Probate; on consideration whereof, it is or:

dered 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 Evans next of kin of the Testator, resident of the State

of Ohio, that said application will be for hearing before this Court on the

2nd day of May. A.D. 1891. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed Apr. 28/91


The State of Ohio } In Probate Court

Delaware Coiunty.ss.}


In the Matter of the Last }

Will and Testament of } Application to admit to Probate

John T. Evans. Deceased }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

John T. Evans late a resident of the Township of Delaware in said

County died on or about the 23rd day of April. A.D. 1891 leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said John T. Evans died leaving no widow

and the following person his only next of kin resident of the

State of Ohio


Name Degree of Kinship P.O. Address

Anna M. Evans 12 yrs. Daughter Delaware. O.


Your petitioner is a creditor in the sum of $62.00 for decedents funeral

services.

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named person may be notified according

to law of the pending of said proceedings.

N. Wagner.

The foregoing application was signed in my presence and sworn to before

me, this 28" day of April A.D. 1891.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (209)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (209)

Description

[page 209]

[corresponds to page 180 of Delaware County Ohio Will Records Vol. 9 1890-93]


180 John T. Evans Will
\
Notice


The State of Ohio } In Probate Court

Delaware County ss}

In the matter of the last Will and Testament of

John T. Evans, deceased,

To T.N. Wagner

You are hereby commanded to notify

Anna Evans that on the 28" day of April. A.D. 1891. an in:

strument of writing, purporting to be the last Will and Testament of John

T. Evans late of Delaware 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 2' day of May. A.D. 1891

at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court,

at Delaware Ohio this 28" day of April. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed May 2/91.


The State of Ohio }

Delaware County,ss} N.Wagner being duly sworn, says that on

the 28th day of April. A.D. 1891. he served

the within notice by delivering a true copy thereof to the within named

Anna Evans.

N. Wagner.

Subscribed in my presence and sworn to before me this 2" day of

May. A.D. 1891.

N.F. Overturf

Probate Judge


Testimony of John S. Gill Filed May 2/91.

In Probate Court } In the Matter of Proving the last Will and

Delaware County. Ohio} Testament of John T. Evand - deceased


The State of Ohio }

Delaware County,ss.} John S. Gill, 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 11thday of May A D 1882 and offered for pro

bate as the last Will and Testament of John T. Evans, late

of Delaware Township, in said County of Delaware, deceased, and

saw the said John T. Evans now deceased sign and seal said in:

strument, and heard him acknowledge the same to be his last Will

and Testament, and I thereupon, at his request, and in his pres:
Delaware County Ohio Will Records Vol. 9 1890-1893 (210)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (210)

Description

[page 210]

[corresponds to page 181 of Delaware County Ohio Will Records Vol. 9 1890-93]


John T. Evan's Will 181

ence, 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 S. Gill

Sworn to and subscribed by said witness in open Court, this 2d day

of May. A.D. 1891.

N.F. Overturf

Probate Judge.


Proof of Signature of Witness to Will Filed May 2/91


The State of Ohio }

Delaware County ss } Henry H. Beecher being duly sworn, says

that he was well acquainted with Frank A.

Kauffman whose place of residence is unknown, that he was well acquainted

with the hand writing of the said Frank A. Kauffman, having often

seen him write, that the signature Frank A. Kauffman as subscrib:

ing witness to the last Will and Testament of John T. Evans, de:

ceased, is in the own proper hand writing and signature of the said Frank

A. Kauffman who at the date of said Will was in full life and re:

sided in the City of Delaware in said County.

Henry H. Beecher

Sworn to before me, and subscribed in my presence, this 2" day of May

A.D. 1891.

N.F. Overturf

Probate Judge.


Journal Entry

May 2nd 1891

In the Matter of the Will }

of John T. Evans- deceased.} Be it remembered, that heretofore, to wit: on the

28" day of April. A.D. 1891 an instrument

of writing, purporting to be the last Will and Testament of John T.

Evans, late of Delaware, 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 rec-

ord in this Court, has been given to Anna Evans, 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 John S. Gill

one of the subscribing 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 Frank A. Kauffman the

other subscribing witness to said Will, has gone to parts unknown,

thereupon Henry H. Beecher appeared in open Court, and was duly

sworn and examined according to law touching the genuineness of the

signature of said Frank A. Kauffman, attached to said Will,

and his testimony thereon was reduced to writing and filed. Whereupon
Delaware County Ohio Will Records Vol. 9 1890-1893 (211)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (211)

Description

[page 211]

[corresponds to page 182 of Delaware County Ohio Will Records Vol. 9 1890-93]

182

John T. Evans Will

the Court finds that the aforesaid instrument of writing, is the last Will

and Testament of said John T. Evans, 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 tes:

timony of the witnesses above named, as well as the proceedinghs had therein,

be entered of record in this Court.

N.F. Overturf

Probate Judge.


Will Filed April 28/91

In the name of the Benevolent Father of All:

I, John T. Evans do make and publish this my last will and

testament.

First:

It is my will that all my just debts, and all charges be paid out of

my Estate:

Second:

I give and devise to my belived mother Elizabeth Evans - during her

natural life all my lands and tenements and real estate of every de:

scription wherever situated and after paying taxes and making necessary

repairs and improvements thereon. She is to have and enjoy all the

rents and profits thereof to use expend and dispose of as she shall see fit dur:

ing her natural life.

Third:

After the death of my Mother I direct that my real estate be sold and

out of the proceeds of the sale thereof I give and devise to my sister Mrs.

Jennie E. Stine of Xenia Ohio, One Thousand Dollars and to my

sister Mrs. Laura L. Williams of Hamilton County. Ohio One

Thousand Dollrs, and all the residue of my estate both real and person:

al, I give and devise to my brother Charles A. Evans of Delaware

Ohio,

I hereby make and appoint said Charles A. Evans Executor of this

my last Will and Testament.

John T. Evans {Seal}


Signed and acknowledged by said John T. Evans as his last Will

and Testament in our presence, and signed by us at his request and in

his presence and in the presence of each other.

Frank A. Kauffman

John S. Gill.

Delaware, Ohio

May 17th 1882.
Delaware County Ohio Will Records Vol. 9 1890-1893 (212)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (212)

Description

[page 212]

[corresponds to page 183 of Delaware County Ohio Will Records Vol. 9 1890-93]


Charles Freeman's Will 183

Journal Entry


May 6" 1891.

In the Matter of the Will }

of Charles Freeman- deceased.} This day, an instrument of writing, purporting

to be the last Will and Testament of Char:

les Freeman, late of Genoa Township, in this County, deceased, was

produced in open Court for Probate: On consideration whereof it is or:

dered 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 Freeman, widow and Justice Freeman-

Fredonia Bennet- Barbary Ranck- John Freeman- Philip F.

Freeman- Charles F. Freeman- Sarah Glass and Orris Freeman

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 May.

A.D. 1891. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed May 6/91


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

Charles Freeman- deceased }

To the Hon. N.F. Overturf- Judge of the

Probate Court in and for said county:

Your petitioner respectfully represents that

Charles Freeman late a resident of the Township of Genoa in said Coun:

ty, died on or about the 16" day of April A.D. 1891.leaving an instrument

in writing, hereto attached, purporting to be his last Will and Testament:

That the said Charles Freeman died leaving Elizabeth Freeman 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

Justice Freeman Son Africa O.

Fredonia Bennet Daughter Maxtown O.

Barbary Ranck " Galena O.

John Freeman Son " "

Philip F. Freeman " " "

Charles F. Freeman " " "

Sarah Glass Daughter Westerville O

Orris Freeman Grand- son Galena 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.

George J. Roberts
Delaware County Ohio Will Records Vol. 9 1890-1893 (213)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (213)

Description

[page 213]

[corresponds to page 184 of Delaware County Ohio Will Records Vol. 9 1890-93]


Charles Freeman's Will


The foregoing application was signed in my presence and sworn to be:

fore me, this 6" day of May. A.D. 1891.

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 Charles Freeman- deceased.

To George J. roberts:

You are hereby commanded to notify

Elizabeth Freeman- Justice Freeman- Fedonia Bennet-

Barbary Ranck- John Freeman- Philip F. Freeman- Charles

F. Freeman- Sarah Glass- Orris freeman that on the 6th day

of May. A.D. 1891, an instrument of writing, purporting to be the the last

Will and Testament of Charles Freeman late of Genoa Town:

ship, in said County, deceased, was produced in said Court, and an ap:

plication 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 May. A.D. 1891 at 10 o'clock A.M.

Witness my hand and the seal of said

Probate Court, at Delaware, Ohio, this 6th day of May. A.D.

1891.

N.F. Overturf

{Seal} Probate Judge.



Proof of Service Filed May 13/91


The State of Ohio }

Delaware County.ss.} George J. Roberts being duly sworn, says

that on the 8th day of May. A.D. 1891.

he served the within notice by delivering a true copy thereof to the

within named Elizabeth Freeman- Justice Freeman- Fredonia

Bennet- Barbary Ranck- John Freeman- Philip F. Free:

man- Charles F. Freeman- Sarah Glass and Orris Freeman.

George J. Roberts

Subscribed in my presence and sworn to before me this 13" day of

May. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (214)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (214)

Description

[page 214]

[corresponds to page 185 of Delaware County Ohio Will Records Vol. 9 1890-93]



Charles Freeman's Will 185

Probate of Will Filed May. 13/91

The State of Ohio } In Probate Court

Delaware County,ss.}

Personally appeared in open Court Geo. W. Hughes

and A.J. Triplett the subscribing witnesses to the last Will and Testament

of Charles Freeman late of Genoa 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 executiion of said Will,

depose and say: That the paper before them bearing date the 11th day of

October. A.D. 1890, purporting to be the last Will and Testament of

Charles Freeman now deceased, is the Will of said deceased Charles

Freeman, 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 Charles Freeman de:

ceased sign and seal said Will and heard him acknowledge the same to be his

last Will and Testament, and that the said Charles Freeman 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 W. Hughes

A.J. Triplett

Sworn to and subscribed by said witnesses, in open Court, this 13" day

of May. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Journal Entry

May 13th 1891

In the Matter of the Will of }

Charles Freeman- deceased } Be it remembered, that heretofore, to wit, on

the 6th day of May A.D. 1891 an instrument of

writing, purporting to be the last Will and Testament of Charles Freeman,

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 Elizabeth Freeman, his widow and Justice

Freeman- Fredonia Bennet- Barbara Ranck- John Freeman-

Philip F. Freeman- Charles F. Freeman- Sarah Glass and Orris

Freeman, 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 Geo.

W. Hughes and A.J. Triplett the subscribing witnesses to said Will

who being duly sworn, testified to the due execution and attestion of said

Will, which testimony was reduced to writing, by them respectively sub:

scibed and filed with said Will, whereupon the Court finds that the

aforesaid instrument of writing is the last Will and Testament of said

deceased, Charles Freeman. That the same was duly executed and at:

tested, 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (215)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (215)

Description

[page 215]

[corresponds to page 186 of Delaware County Ohio Will Records Vol. 9 1890-93]


186 Charles Freeman's Will.


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 enter:

ed of record in this Court.

Citation ordered and issued to Elizabeth Freeman, widow of said dece:

dent, to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge


Will

In the name of the Benevolent Father of All, I, Charles Freeman of

Genoa 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 and cost of monu:

ment for the graves of my wife and myself be paid out of my estate.

Item 1st

I give and devise to my beloved wife, Elizabeth in lieu of her dower the

farm on which we now reside situated in Genoa Township aforesaid con:

taining about seventy five acres of land during her natural life and all the

household goods at the time of my decease in case she survives me and then

the household goods to be divided amongst my daughters by themselves to be di:

vided, and not to be considered as assets in the hands of the Executor

Item 2nd

I give and devise to my son Justic E Freeman five dollars

Item 3rd

I give and devise the residue of my estate to my daughter Fredonia

Bennet- my son Henry Freeman my daughter Barbary Ranck my

son John Freeman my daughter Sarah Glass, my sons Philip F.

Freeman and Charles Freeman and my grandson Orris Freeman

in equal parts.

Item 4th

I do hereby nominate and appoint my friend George J. Roberts- Exec:

utor of this my last Will and Testament hereby authorizing and empow:

ering him to compromise, adjust release and discharge in such manner

as he may deem proper the debts and claims due me. I do also au:

thorize and empower him after the death of my wife to sell by private sale

or in such manner, upon such terms of credit or otherwise as he may

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

acknowledge and deliver in fee simple.

Item 5th

I desire that my Executor cause to be erected a suitable monument

at the graves of my wife and myself costing about one hundred dollars.

I do hereby revoke all former wills made by me.

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

11th day of October 1890.

Charles Freeman {Seal}

Signed and acknowledged by said Charles Freeman as his last will

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

Geo. W. Hughes

A.J. Triplett
Delaware County Ohio Will Records Vol. 9 1890-1893 (216)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (216)

Description

[page 216]

[corresponds to page 187 of Delaware County Ohio Will Records Vol. 9 1890-93]

187

Benjamin F. Loofbourrow's Will

Journal Entry

May 18, 1881

In the Matter of the Will of }

Benjamin F. Loofbourrow dec'd } This day an instrument of writing purport-

ing to be the last Will and Testament of

Benjamin F. Loofbourrow, late of Delaware City in this County, deceas-

ed, 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 Hannah M. Loofbourrow - widow and Joanna Gales

Bertha O. Thompson and Frank L. Thompson next of kin of the

Testator rsident of the State of Ohio: that said applcation will be for

hearing before this Court on the 22d day of May A.D. 1891 at 10

o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed May 18/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the Last }

Will and Testament of }

Benjamin F. Loofbourrow deceased }

To the Hon. N. F. Overturf - Judge of the Pro-

bate Court in and for said County:

Your petitioner respectfully represents that

Benjamin F. Loofbourrow late of resident of the Township of Delaware in said

County died on or about the 13 day of May A.D. 1891, leaving an instrument

in writing hereto attached purporting to be his last Will and Testament

That the said Benjamin F. Loofbourrow dec'd leaving Hannah M. Loofbour-

row widow and the following named persons his only next of kin resident of

the State of Ohio.

Name Degree of Kinship P.O. Address

Bertha O. Thompson Grand daughter Delaware O

Frank L. Thompson Grand Son "

Joanna Gales Daughter DeGraff 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.

Jackson Hipple

The foregoing application was signed in my presence and sworn to before

me, this 18" day of May A.D. 1891

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (217)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (217)

Description

[page 217]

[corresponds to page 188 of Delaware County Ohio Will Records Vol. 9 1890-93]

188

Benjamin F. Loofbourrow's Will

Notice

The State of Ohio } In Probate Court

Delaware County ss}

In the Matter of the last Will and Testament

of Benjamin F. Loofbourrow, deceased.

To Jackson Hipple:

You are hereby commanded to notify

Hannah M. Loofbourrow - Bertha O. Thompson - Frank L. Thompson

and Joanna Galer that on the 18 day of May A.D. 1891 an instru-

ment of writing, purporting to be the last Will and Testament of Ben-

jamin F. Loofbourrow late of Delawaare 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 appli-

cation will be for hearing before this Court on the 22 day of May A.

D. 1891, at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio this 18 day of May A.D. 1891.

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed May 22/91

The State of Ohio }

Delaware County ss } Jackson Hipple being duly sworn says that on

the 18 & 19 day of May A.D. 1891, he served the

within notice by delivering a true copy thereof to the within named

Hannah M. Loofbourow - Bertha O. Thompson - Frank L. Thomp-

son and Joanna Gales.

Jackson Hipple

Subscribed in my presence and sworn to before me this 22 day of

May A.D. 1891.

N. F. Overturf

Probate Judge

Probate of Will Filed May 22/91

The State of Ohio }

Delaware County ss } In Probate Court

Personally appeared in open Court Elias D.

Whitlock and Ruth E. Byers the subscribing witnesses to the last

Will and Testament of Benjamin F. Loofbourrow 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 deposed and

say: That the paper before them bearing date the 12 day of May

A.D. 1891, purporting to be the last Will and Testament of Ben-

jamin F. Loofbourrow now deceased, is the Will of said deceased

Benjamin F. Loofbourrow that they were present at the execu-

tion of said Will and at the request of the Testator respectively
Delaware County Ohio Will Records Vol. 9 1890-1893 (218)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (218)

Description

[page 218]

[corresponds to page 189 of Delaware County Ohio Will Records Vol. 9 1890-93]

189

Benjamin F. Loofbourrow's Will

subscribed their names to the same as witnesses in his presence, that

they saw the said Benjamin F. Loofbourrow deceased, sign and seal

said Will, and heard him acknowledge the same to be his last Will

and Testament, and that the said Benjamin F. Loofbourrow at the

time of making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

Elias D. Whitlock

Ruth E. Byers

Sworn to and subscribed by said witnesses, in open Court, this 22

day of May A.D. 1891.

{Seal} N. F. Overturf

Probate Judge

Journal Entry

May 22'd 1891

In the Matter of the Will of }

Benjamin F. Loofbourrow, dec'd }

Be it remembered that heretofore, to wit:

on the 18th day of May A.D. 1891, an instrument of writing, purporting

to be the last Will and Testament of Benjamin F. Loofbourrow,

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 had been given to Hannah M. Loofbourrow widow and Joanna

Galer - Bertha O. Thompson and Frank L. Thompson 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 Elias D. Whitlock

and Ruth E. Byers the subscribing witnesses to said Will, who

being duly sworn testified to the due execution and attestation of

said Will, Which testimony was reeduced 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 Benjamin F. Loofbourrow 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 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.

Citation ordered and issued to Hannah M. Loofbourrow widow of

said decedent to elect as to said Will, as required by law, and

thereupon the said Hannah M. Loofbourrow acknowledged service

of the said Citation.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (219)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (219)

Description

[page 219]

[corresponds to page 190 of Delaware County Ohio Will Records Vol. 9 1890-93]

190

Benjamin F. Loofbourrow's Will

Will

I, Benjamin F. Loofbourrow of the City of Delaware County of Dela-

ware and State of Ohio do make and publish this my last Will and

Testament.

Item I. It is my will that all of my just debts and funeral expenses be first

paid.

Item 2. I give and devise to my beloved wife Hannah M. Loofbourrow All my Real

Estate in the City of Delaware, Delaware County Ohio to have and to

hold to her and her heirs on condition that she does not again marry but in

case she again marries Then I give and devise the said Real Estate

(except two City Lots fronting on Fountain Avenue) to my daughter Jo-

anna Gailor and the two children of my deceased daughter Annice

Adella Thompson To wit: Bertha O. Thompson & Frankl L.

Thompson, The Share of my daughter Joanna to be equal to the Share

of my two grand children above named and to them and their heirs forever

Item 3. In case my wife shall again marry Then I give and devise to my grand

daughter Bertha O. Thompson The east one of said Lots on Foun-

tain Avenue & the west one to my grand son Frank L. Thompson to

have & to hold in fee simple.

Item 4. I give and devise and bequeath all my personal property of every description

including moneys Stocks & chattels of every kind including also all my

interest in the Sunbury Stone quarry Real & personal to my wife

and my daughter Joanna Gailer and my two grand children Bertha

O. Thompson & Frank L. Thompson to be divided between them as

provided by the laws of the State of Ohio in the same manner as it

would be done if this will had not been made. And it is understood

that there are certain Lots in the City of Findlay State of Ohio

in my name conveyed to me by Thomas H. M. Konica to secure the

payment of two notes I hold against him and are conveyed to me by

deed absolute in form but which is in fact in the nature of a mortgage

and I desire that they shall be considered for the purporses of my will

personal property and my Executor hereinafter named as hereby author-

ized to sell & convey said lots separately or together or in such man-

ner as he can at public or private sale & upon such terms of credit

or othrwise as he may deem for the best advantage of my Estate &

make deeds to purchasers for the same and apply the proceeds as di-

ected by my will.

Item 5. I hereby nominate and appoint my Friend Jackson Hipple Ex-

ecutor of this my last Will and Testament revoking all former Wills

by me made.

In testimony whereof I have hereunto set my hand and seal this

12th day of May A.D. 1891.

his

Benjamin F. Loofbourrow

mark

Signed and acknowledged by said Benjamin F. Loofbourrow as his

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

presence.

Elias D. Whitlock

Ruth E. Byers
Delaware County Ohio Will Records Vol. 9 1890-1893 (220)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (220)

Description

[page 220]

[corresponds to page 191 of Delaware County Ohio Will Records Vol. 9 1890-93]

191

James Thomas Will

Journal Entry.

May 16" 1891

In the Matter of the Will }

of James Thomas - deceased } This day, an instrument of writing, purport=

ing to be the last Will and Testament of

James Thomas, late of Radnor Township, in this County, deceased,

was produced in open Court for Probate. In 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 Jones - Margaret Jones - William Thomas - John

Thomas and Martha A. Seigfried next of kin of the Testator, resi=

dent of the State of Ohio. Elizabeth Thomas, widow, and Robert Thom=

as - James Thomas - Elizabeth J. Dildine and Alice Thomas other

next of kin resident of the State of Ohio having this day in writing

waived Notice and consented to the probate of said Will) that said ap=

plication will be for hearing before this court on the 23rd day of May

A.D. 1891. at 10 o'clock P.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed: May 16/91

The State of Ohio } In Probate Court
}
Delaware County, ss. }

In the Matter of the Last }
}
Will and Testatment of } Application to Admit to Probate
}
James Thomas - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

James Thomas late a resident of the Township of Radnor in said

County, died in or about the 14 day of April. A. D. 1891 leaving an

instrument in writing, hereto attached, purporting to be his last Will and

Testament: That the said James Thomas died leaving Elizabeth Tho=

as widow and the following named persons his only next of kin resident of

the State of Ohio.

Name Degree of Kinship P. O. Address

Mary Jones Daughter Radnor O.

Robert Thomas Son Prospect "

Margaret Jones Daughter Radnor "

William Thomas Son Radnor "

John Thomas " "

James Thomas " "

Elizabeth J. Dildine Daughter Ahsley "

Martha A. Sigfried " Delaware "

Alice Thomas " Radnor "

Delaware County Ohio Will Records Vol. 9 1890-1893 (221)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (221)

Description

[page 221]

[corresponds to page 192 of Delaware County Ohio Will Records Vol. 9 1890-93]

192

James Thomas 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

Elizabeth Thomas

The foregoing application was signed in my presence and sworn to before

me, this 16' day of May A. D. 1891.

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 16" day of May A. D. 1891.

Elizabeth Thomas Robert Thomas

Alice Thomas James Thomas

Lizzie J. Dildine

Notice

The State of Ohio } In Probate Court
}
Delaware County, ss. }

In the matter of the last Will and Testament

of James Thomas deceased.

To Elizabeth Thomas:

You are hereby commanded to notify

Mary Jones - Margaret Jones - William Thomas - John Thomas

and Martha Sigfried that on the 16" day of May A. D. 1891, an in=

strument of writing, purporting to be the last Will and Testament

of James Thomas 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 applica=

will befor hearing before this Court on the 23 day of May A.D.

1891 at 1 oclock P.M.

Witness my hand and the seal of said Probate Court

at Delaware, Ohio, this 16" day of May A. D. 1891

{Seal} N.F. Overturf

Probate Judge

Proof of Service Filed May 23/91

The State of Ohio }

Delaware County ss } Elizabeth Thomas being duly sworn, says that

on the day of May A.D. 1891, she served

the within notice by delivering a true copy thereof to the within nam=

ed Mary Jones - Margaret Jones - William Thomas - John Thomas -

and Martha Sigfried.

Elizabeth Thomas

Subscribed in my presence and sworn to before me this 23rd day

of May A. D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (222)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (222)

Description

[page 222]

[corresponds to page 193 of Delaware County Ohio Will Records Vol. 9 1890-93]

193

James Thomas Will

Probate of Will Filed May 23/91

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court John Pow=

ell and John A. Cone the subscribing witnesses to the last Will and

Testament of James Thomas 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 9' day of June, A. D. 1888, purporting to

be the last Will and Testament of James Thomas, now deceased

is the Will of said deceased James Thomas, 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 said James Thomas deceased, sign and

seal said Will, and heard him acknowledge the same to be his last will

and Testament, and that the said James Thomas 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.

John Powell

Gno A. Cone

Sworn to and subscribed by said witnesses, in open Court, this 23rd

day of May A. D. 1891

N. F. Overturf

Probate Judge

Journal Entry

May 23rd 1891

In the Matter of the Will }

of James Thomas - deceased } Be it remembered, that heretofore, to-wit: on

the 16" day of May, A. D. 1891, an instru=

ment of writing, purporting to be the last Will and Testament of

James Thomas, 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 satisfication 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 Jones -

Margaret Jones - William Thomas - John Thomas and Martha Sig=

fried next of kin of the Testator resident of the State of Ohio pursu=

ant to a former order of this Court; (Elizabeth Thomas, widow, and

Robert Thomas - James Thomas - Elizabeth J. Dildine and

Alice Thomas other next of kin having waived Notice), therefore,

on this day came John Powell and Gno. 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 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 James Thomas
Delaware County Ohio Will Records Vol. 9 1890-1893 (223)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (223)

Description

[page 223]

[corresponds to page 194 of Delaware County Ohio Will Records Vol. 9 1890-93]

194

James Thomas Will

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 admit=

ted to probate, and that the same, together with the testimony of the

witnesses above named, as well as the proceedings had therein be enter=

ed of record in this Court.

Citation issued to Widow to make her election under the Will.

N.F. Overturf

Probate Judge

Will

In the name of the Benevolent Father of All, Amen:

I, James Thomas,

of Troy Township, Delaware County, Ohio, being of good mind

and memory, do make and publish the following as my Last Will

and Testament.

Item First I direct that all my just debts, including expenses of last sick=

ness and Furnal Expenses be paid out of my personal estate.

Item 2nd I give, devise and bequeath to my beloved wife, Elizabeth Thomas, in

case she survive me, my Home Farm of about 209 1/23 Acres, situated in

Troy Township Delaware County, Ohio, together with all the live stock

Farming implements Machinery - Crops and growing cropes & Household

and Kitchen furniture that I may have on said farm at the time of

my decease to be by her owned controlled and occupied during her natur-

al life.

Item 3rd I give devise and bequeath to my son James Thomas Jr. the so-call=

ed Wolfley Farm of about 161 1/2 Acres situated in Radnor Township

Delaware County, Ohio, and being the same farm on which my

said son James now resides, provided, however, that my said son

James shall pay to my estate the sum of Three Thousand Dollars

or so much of said sum of $3000, as he shall not have paid to me

prior to my decease.

Item 4th I give devise and bequeath to my son John Thomas the Farm of

about 123 Acres situated in said Radnor Township Delaware

County, Ohio, and being the same farm which my said son John

now uses and occupies

Item 5th I give and bequeath to my two daughters Martha and Alice each

Three Thousand Dollars, or so much of said Three Thousand Dol=

lars as I shall not have paid to each prior to my decease; and each

of my said two daughters shall be paid interest on such part of said sums

as shall not have paid to them prior to their coming to the age of 25

years, said interest to date from their respectively arriving at the age

of 25 years.

Item 6th I give and bequeath to my sons Robert Thomas - William Thom=

as, John Thomas and James Thomas each one hundred dollars

I have already given to each of my two sons Robert and William

a farm.
Delaware County Ohio Will Records Vol. 9 1890-1893 (224)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (224)

Description

[page 224]

[corresponds to page 195 of Delaware County Ohio Will Records Vol. 9 1890-93]

195

James Thomas Will

Item 7th I give devise and dequeath to my five daughters May - Margaret -

Elizabeth, Martha and Alice all the rest and residue of my home

farm and the stock, implements, machinery & household goods after

the decease of my wife Elizabeth, to be divided among my said daugh=

ters - share and share alike.

Item 8 In case of the marriage of my daughter Alice after my deceased

she is to have 2 cows and setting out of about $2000 besides

Item 9th In case I shall have moneys or credits not otherwise disposed of in

the foregoing, the same shall be divided among all my children share

and share alike.

I hereby revoke all former wills or parts of Wills heretofore by

me made.

Witness my signature and seal, this 9th day of June A.

D. 1888.

his
James X Thomas {Seal}
mark

Signed by the said James Thomas in our presence and by him

acknowledged to be his last Will and Testament in our bearing,

and signed by us as witnesses at his request and in his presence and

in the presence of each other, this 9" day of June, A. D. 1888

John Powell

Gno. A. Cone
Delaware County Ohio Will Records Vol. 9 1890-1893 (225)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (225)

Description

[page 225]

[corresponds to page 196 of Delaware County Ohio Will Records Vol. 9 1890-93]

196

Aaron Woodley's Will

4877 Application for Probate of: Will Filed May 25/91

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

Aaron Woodley - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County

Your petitioner respectfully represents that

Aaron Woodley late a resident of the Township of Delaware in said

County, died on or about the 22 day of February A. D. 1890 leaving

an instrument in writing, hereto attached, purporting to be his last

Will and Testament: That the said Aaron Woodley died leaving

Lovinia Woodley widow, and the following named persons his only next of

kin resident of the State of Ohio.

None.

Your petitioner prays that a time may be fixed for the proving of said

Will.

Maria Blount

The foregoing application was signed in my presence and sworn to be-

fore me, this 22" day of May A. D. 1891.

N. F. Overturf

Probate Judge

Waiver

I, the undersigned Lovinia Woodley, widow of the within named

decedent, hereby waive further notice, and consent to the probate of

said Will

Dated this 22" day of May A. D. 1891

Lovinia Woodley



Journal Entry

May 23 1891. }

In the Matter of the Will }

of Aaron Woodley, deceased.} This day an instrument of writing pur=

porting to be the last Will and Testament

of Aaron Woodley, 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 Lovinia Woodley, widow of said Testator there

being no next of kin of said Testator, resident of the State of Ohio.

and thereupon said Lovinia Woodley, in writing, waived notice and

consented to the probate of said Will, therefore; in this day came

James R. Sytle and Henry J. Eaton the subscribing witness-

es to said Will, who being sworn, testified to the due execution
Delaware County Ohio Will Records Vol. 9 1890-1893 (226)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (226)

Description

[page 226]

[corresponds to page 197 of Delaware County Ohio Will Records Vol. 9 1890-93]

197

Aaron Woodleys Will

and attestation of said Will which testimony was reduced to writ=

ing, by them respectively, and filed with said Will,

whereupon the Court finds that the aforesaid instrument of writing

is the last Will and Testament of said Aaron Woodley 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 therein be entered of record in this Court

Citation ordered and issued to Lovinia Woodley widow of said de=

cedent to elect as to said Will, as required by Law.

N. F. Overturf

Probate Judge


Testimony of Witnesses Filed May 25/91

In Probate Court } In the Matter of Proving the last Will

Delaware County Ohio } and Testament of Aaron Woodley Deceased,

The State of Ohio }

Delaware County, ss. } James R. Sytle, 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 15 day of August A. D. 1889, and offered

for probate as the last Will and Testament of Aaron Woodley, late of

Delaware Township in said County of Delaware deceased, and saw

the said Aaron Woodley, now deceased 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

James R. Sytle

Sworn to and subscribed by said witness in open Court, this 25

day of May A. D. 1891.

{Seal} N. F. Overturf

Probate Judge

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 shown

to me bearing date the 15" day of August A. D. 1889 and offered for

probate as the last Will and Testament of Aaron Woodley late of

Delaware Township, in said County of Delaware, deceased and saw

the said Aaron Woodley, now deceased, sign and seal said instrument=

ment, and heard him acknowledge the same to be his last Will and
Delaware County Ohio Will Records Vol. 9 1890-1893 (227)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (227)

Description

[page 227]

[corresponds to page 198 of Delaware County Ohio Will Records Vol. 9 1890-93]

198

Aaron Woodley Will

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 memory, and not under any restraint.

Henry J. Eaton

Sworn to and subscribed by said witnesses in open Court this 25 day

of May A. D. 1891.


{Seal} N. F. Overturf

Probate Judge

Will

In The Name of The Benevolent Father of All, I, Aaron Woodley

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

this my Last Will and Testament, hereby revoking all former wills by

me made.

Item First It is my will that all my just debts and charges be first paid out

of my estate.

Item Second I give and devise to my beloved wife - Lavinia Woodley, during her

natural life, all my personal property goods and chattels, house hold and

kitchen furnature. Also the house and Lot where we now live, to wit-

Being In Lot No. 135, in the City of Delaware Ohio Being the same

Lot I purchased of Thomas Crawford and wife on the 12th day of

July A. D. 1843. The Deed for the same is recorded in Vol. 24 Page 320

of the Record of Deeded of Delaware County Ohio.

Item Third At the decease of my said wife, I give and devise all of my personal

property, goodes & chattles, household and kitchen furnature, and the house

and Lot aforesaid, to my cousin Mrs. Maria Blount of Delaware Ohio.

absolutely and in fee simple.

Item Fourth I hereby nominate and appoint my beloved wife Lovinia Woodley

Executrix of this my Last Will and Testament

In testimony whereof I have hereunto set my hand and seal

this 15th day of August A. D. 1889.
his
Witness to mark. Aaron x Woodley {Seal}
mark

Henry J. Eaton

James R. Lytle

Signed, sealed and acknowledged by Aaron

Woodley, to be his Last Will and testament, in our presence and

signed by us in his presence and at this special instance and request.

Henry J. Eaton

James R. Sytle
Delaware County Ohio Will Records Vol. 9 1890-1893 (228)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (228)

Description

[page 228]

[corresponds to page 199 of Delaware County Ohio Will Records Vol. 9 1890-93]

199


Sandford Howison's Will

Journal Entry

May 9, 1891

In the Matter of the Will of } This day, an instrument of writing, pur

Sanford A. Howison, deceased, }
porting to be the last Will and Testament

of Sandford Howison, late of Radnor Township, in this County, de:

ceased, 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 there of, and of the application to admit the same to probate

and record, be given to Melissa Howison - widow - and Louisa VanBrim:

er - Mary Hodges - Margaret Welch - Sarah F.Snider - Virginia

Colvin - Samuel Howison - Mary Sharp Decker - Sarah Sharp -

Julia Sharp Minor - James T. Sharp - and Sandford Sharp -

(Charles T. Howison 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 in the 21st day of May. A.D.1891 at 1 o'clock P.M.

N.F. Overturf

Probate Judge.

Application for Probate of Will Filed May 9/91

The State of Ohio } In Probae Court

Delaware County.ss. }

In the matter of the Court }

Will and Testimony of } Application to Admit to Probate

Sanford Howison deceased. }

To the Hon. N.F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioners respectfully represents that

Sandford Howison late a redient of the Township of Radnor in said Coun-

ty, died in or about the 19" day of April A.D.1891, leaving an instrument

in writing hereto attached, purporting to be his last Will and Testament:

That the said Sandford Howison died leaving Melissa Howison - widow -

and the follwoing named persons his only next of kin resident of the State

oh Ohio:

Name Degree of Kinship P.O. Address
__________________________________________________________________

Charles T. Howison Son Delaware O.

Louisa Van Brimmer Daughter Warrensburgh O.

Mary Hodges Daughter Warrensburgh O.

Margaret Welch Daughter Warrensburgh O.

Sarah F. Snider Daughter Warrensburgh O.

Virginia Colvin Daughter Warrensburgh O.

Samuel Hovison Son Delaware O.

Mary Sharp Decker Grand Daughter Warrensburgh O.

Sarah Sharp Grand Daughter Columbus O.

Julia Sharp Minor Grand Daughter Columbus O.

James T. Sharp Grand Son Washington C.H. O.

Sandford Sharp Grand Son Washington C.H. O.
Delaware County Ohio Will Records Vol. 9 1890-1893 (229)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (229)

Description

[page 229]

[corresponds to page 200 of Delaware County Ohio Will Records Vol. 9 1890-93]




200
Sandford Howisons 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.

Charles T. Howison

The foregoing application was signed in my presence and sworn to before

me, this 9" day of May, A.D.1891.

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 Sandford Howison deceased.

To Charles T. Howison:

You are hereby commanded to notify

Melissa Howison - Louisa Van Brimmer - Mary Hodges - Margaret

Decker - Sarah Sharp - Julia Sharp Minor - James T. Sharp - and

Sandford Sharp, that on the 9" day of May, A.D.1891, and instrument of

writing, purporting to be the last Will and Testament of Sandford How:

ison late of Radnor Township, in said County, deceased, was produce:

ed 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 21" day of May A.D.1891, at 1 o"clock

P.M.

said probate Court at Delaware Ohio, this 9" day of May A.D.1891.

N.F. Overturf
{ seal }
Probate Judge

Proof of Service

The State of Ohio }

Delaware County.ss. } Charles T. Howison being duly sworn, says that

on the 13" & 21" days of May, A.D.1891. he served

the within noice by delivering a true copy there of to the within named

Louisa VanBrimer - Mary Hodges - Margaret Welch - Sarah F.

Snider - Virginia Colvin - Samuel Howison - Mary Sharp Decker - and

Melissa Howison and James T. Sharp and Julia Sharp Minor.

Charles T. Howison

Subscribed in my presence and sworn to before me this 20 day of May

A.D.1891.

N.F. Overturf
{ seal }
Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (230)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (230)

Description

[page 230]

[corresponds to page 201 of Delaware County Ohio Will Records Vol. 9 1890-93]

201

Sandford Howison's Will

Journal Entry



May 21st 1891. }

In the Matter of the Will of }

Sandford Howison - deceased - } Be it remembered, that heretofore, to wit:

on the 9"day of May A.D.1891, an in:

strument of writing, purporting to be the last Will and Testament of

Sandford Howison, 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 Melissa Howison, widow, and

Louisa VanBrimer - Mary Hodges - Margaret Welch - Sarah F Sni-

der - Virginia Colvin - Samuel Howison - Mary Sharp Decker - James

T. Sharp and Julia Sharp Minor, pursuant to a former order of this

Court. (Charles T. Howison having waived Notice) And it further

appearing to the Court that Sandford Sharp and Sarah Sharp have

not had Notice of the filing of said Will and of the application to admit

the same to probate and record, it is now ordered that Notice there of be

given to them, that said Will will be for hearing on the 28th day of

May A.D.1891 at 1 o'clock P.M. to which time this matter is continued.

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 Sandford Howison - deceased,

To Charles T. Howison,

You are hereby commanded to notify

Sarah Sharp and Sandford Sharp that on the 9th day of May, A.D.

1891, and instrument of writing, purpoprting to be the last Will and Testa:

ment of Sandford Howison late of Radnor Township, in said County,

deceased, was produced in said Court, and an application to admit

the same to probate was in the same day made in said Court -

Said application will be for hearing before this Court on the 28"day

of May, A.D.1891 at 1 o'clock P.M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio this 21" day of May. A.D.1891.

N.F. Overturf
{ seal }
Probate Judge


Proof. of. Service

The State of Ohio } Files May 28/91

Delaware County.ss. } Charles T. Howison being duly sworn, says that on the

25 & 26 days of May, A.D.1891, he served the within notice

by delivering a true copy there of to the within named Sandford Sharp and Sarah

Sharp by mail & they have acknowledged service of notice herein.

Charles T. Howison
Delaware County Ohio Will Records Vol. 9 1890-1893 (231)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (231)

Description

[page 231]

[corresponds to page 202 of Delaware County Ohio Will Records Vol. 9 1890-93]

202

Sandford Howisons Will

Subscribed in my presence and sworn to before me this 28 day of May,

A.D.1891.

N.F. Overturf

Probate Judge

I the undersigned person within named hereby achnowledge service of the

within notice this 25 day of May, A.D.1891

Sandford Sharp

Probate of Will


Filed May 28/91

The State of Ohio } In Probate Court

Delaware County.s.s }

Personally appeared in open Court John M McIlvain

and Moses McIlvain the subscribing witnesses to the last Will and Tes:

tament of Sandford Howison 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 ex:

exacution of said Will, depose and say: That the paper before them bearing

date the 29" day of September, A.D.1879, purporting to be the last Will

and Testament of Sandford Howison now deceased, is the Will of Said

deceased Sandford Howison 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

Sandford Howison deceased sign and seal said Will, and heard him

ackmowledge the same to be his last Will and Testament, and that the

said Sandford Howison 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 M. McIlvain

Moses McIlvain

Sworn to and subscribed by said witnesses, in open Court, this 28"

day of May. A.D. 1891.

N.F. Overturf

Probate Judge.


Journal Entry

May 28" 1891. }

In the Matter of the Will }

of Sandford Howison - deceased } This day this matter came in to be heard,

and it 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

of said Testator, resident of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came John M. McIlvain

and Moses McIlvain 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:
Delaware County Ohio Will Records Vol. 9 1890-1893 (232)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (232)

Description

[page 232]

[corresponds to page 203 of Delaware County Ohio Will Records Vol. 9 1890-93]

203

Sandford Howison's Will

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 Sandford Howison, 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 there in, be entered of record in this Court.

Citation ordered and issues to Melissa Howison, widow of said decedent

to elect as to said Will as required by Law.

N.F. Overturf

Probate Judge.


Will

In the name of the Benevolet Father of all, Amen:

I Sandford Howison, of Del:

aware County, Ohio, being of sound and disposing mind and memory, and

being conscious of the uncertainty of life, and desiring to dispose of my

property to and among my children, as I think, equitable and fairly, to

make and publish, the following as my last Will and Testament.

Item 1st I Will and direct that all my just debts be paid out of my estate, in

the manner following: that is to say, in the first place, I direct that my

Executors, hereinafter named, apply so much of my personal estate as

may be assets in their hands, exclusive of the distributive share of my

wife Melisa therein to the payment of my said debts, and in case

said debts shall not all be discharged and paid therefrom, I direct that

my said Executors shall rent or lease the farm on which I reside in-

cluding the lot on which I. Z. Colvin resides, to such persons and

on such terms, as shall seem to them for the best interest of my es-

tate for such length of time as may be necessary to produce or yield a

sufficient sum of money to pay the residue of my said debts: and also

the legacies hereinafter given and bequeathed to my three Grand daugh-

ters, Sarah Shoup, Mary Shoup and Julia Shoup.

Item 2nd I desire that my beloved wife Melissa, if she survive me, shall have

her lawful distributive share of my personal estate and also her Dower

in my Real Estate.

Item 3rd I give and bequeath to my Grand Daughters Sarah Shoup

Mary Shoup each one Hundred Dollars and to my Grand daughter

Julia Shoup Fifty Dollars, to be paid by my Executors in the man-

ner indicated in the first item of this my will, but not to bear interest.

Item 4th I give devise and bequeath to my son Charles T. Howison that

part of the farm in Radnor Township, Delaware County, Ohio, on

which I now reside, that lies east of the so called prairie ditch, bound-

ed north by the road running east and west on the west by the said

ditch south by the north line of the so called Silverthorn lot, said

Silverthorn lot being the same that is hereinafter devised to Virginia

Colvin and east by the road leading North east and South west:

continuing by estimation about Sixteen acres of land, and the same as
Delaware County Ohio Will Records Vol. 9 1890-1893 (233)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (233)

Description

[page 233]

[corresponds to page 204 of Delaware County Ohio Will Records Vol. 9 1890-93]

204

Sandford Howison's Will

to be subject to the Dower interest of my said wife Melissa therein

Item 5th I give devise and bequeath to my son James A. Howison twenty one

Acres of my said farm, subject to the Dower of my said wife Melissa

therein in the North of said farm, to be bounded as follows: on the North

by the East and West road, East by the so called prairie ditch, West

by the Scioto river, and South by a line parallel with said north line.

Item 6th I give devise and bequath to my daughter Louisa Van Bruner twenty

Acres of my said farm lying south of the said twenty one Acres above bequeath-

ed to my said son James A. and west of said ditch subject to the dower

therein of my said wife Melissa

Item 7th I give devise and bequeath to my daughter Mary Hodges twenty two acres

of my said farm lying next south of the twenty two acres above described

to my said daughter Louisa Van Bruner and west of said ditch subject to

the dower interest therein of my said wife Melissa

Item 8th I give and devise and bequeath to my daughter Margaret Welsh twenty acres

of my said Farm lying next south of the twenty two acres above described

to my daughter Mary Hodges and West of said ditch subject to the Dower

interest therein of my said wife Melissa.

Item 9th I give devise and bequeath to my daughter Sarah F. Snider ten Acres of

my said Farm lying next south of the twenty Acres above devised to my

daughter Margaret Welch, and west of said ditch, subject to the dower inter-

est therein of my said wife Melissa.

Item 10th I give devise and bequeath to my daughter Virginia Colvin the thirty five

acres of land lying south of the above ten acres devised to Sarah Snider, and

this will: the north line of said Thirty five acres hereby devised to said

Virginia Colvin being the north line of the so called Silverthorn lot from

the Scioto river east to the garden fence in said Silverthorn lot then

following the said garden fence around the North side to the NE corner of said

Silverthorn lot subject to the Dower interest therein of my said wife: And in case

there is more than Ninety Six Acres of land in the aggregate of the several parcels

above devised to James A. Howison, Louisa Van Bruner, Mary Hodges, Margaret Welsh

and Sarah F. Snider, that is to say if there is more than Ninety Six Acres of

said Farm West of said ditch and north of said Silverthorn lot then such excess

above Ninety Six Acres shall be equally divided between said James A. Howison

Louisa Van Bruner Mary Hodges Margaret Welsh and Sarah F. Snider and the

portion of each of said five persons shall be increased by one fifth of said excess

above Ninety Six Acres

Item 11th I hereby constitute and appoint my sons James A. Howison and Charles F. Howi-

son executors of this my last will and testament

I hereby revoke all former wills or parts of wills and codicils and parts of codicils by

me heretofore made and do declare and publish the foregoing as my last will and tes-

tament.

In witness whereof I do hereto subscribe my name and affix my seal this twenty

ninth day of September in the year of our Lord, One Thousand Eight Hundred and Seventy Nine

Sandford Howison Seal.

Signed by the said Sandford Howison 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, this 29" day of September A.D. 1879

John Mc Ilvain

Moses Mc Ilvain
Delaware County Ohio Will Records Vol. 9 1890-1893 (234)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (234)

Description

[page 234]

[corresponds to page 205 of Delaware County Ohio Will Records Vol. 9 1890-93]

205

John H. Shoub's Will

Journal Entry

May 25" 1891

In the Matter of the Will }

of John H. Shoub-deceased } This day an instrument of writing purporting

to be the last Will and Testament of

John H. Shoub late of Delaware City in this County, deceased, was pro-

duced in open Court for Probate: On consideration whereof it is order-

ed that the said Will be filed in this Court and that due notice there

of, and of the application to admit the same to probate and record, be given

to John F. Shoub and Anna Shoub 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 1st day of June A.D. 1891, at 9 o'clock A.M.

(Celia E. Shoub widow of said Testator, having in writing waived Notice

and consented to the probate of said Will.)

N. F. Overturf

Probate Judge

Application for Probate of Will Filed May 28/91

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

H. Shoub - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County.

Your petitioner respectfully represents that

John H. Shoub late a resident of the Township of Delaware in said

County died on or about the 15 day of May A.D. 1891 leaving an in-

strument in writing, hereto attached, purporting to be his last Will and

Testament. That the said John H. Shoub died leaving Celia E. Shoub

widow and the following named persons his only next of kin resident

of the State of Ohio

Name Age of Degree of Kinship P. O. Address
Minor

John F. Shoub 9 yrs Son Delaware O

Anna Shoub 7 yrs Daughter 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 accord-

ing to law of the pending of said proceedings.

Celia E. Shoub

The foregoing application was signed in my presence and sworn to be-

fore me this 25" day of May A.D. 1891

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (235)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (235)

Description

[page 235]

[corresponds to page 206 of Delaware County Ohio Will Records Vol. 9 1890-93]

206

John H. Shoub's Will

Notice

I the undersigned widow of the within named decedent hereby waive further

notice, and consent to the probate of said Will.

Dated this 25" day of May A.D. 1891.

Celia E. Shoub -

Notice

The Sate of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will and Testament of

John H. Shoub - deceased

To Celia E. Shoub

You are hereby commanded to notify John

F. Shoub and Anna Shoub that on the 25 day of May A.D. 1891 an

instrument of writing purporting to be the last Will and Testament

of John H. Shoub 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 1st day of June A.D. 1891.

at 9 o'clock A.M.

Witness my hand and the seal of said Probate Court at Del-

aware, Ohio this 25 day of May A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed June 1/91

The State of Ohio }

Delaware County ss } Celia E. Shoub being duly sworn, says that on

the 25 day of May A.D. 1891 he served the

within notice by delivering a true copy thereof to the within named

John F. Shoub and Anna Shoub.

Celia E. Shoub

Subscribed in my presence and sworn to before me this 1 day of June

A.D. 1891.

N. F. Overturf

Probate Judge

Probate of Will

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court William

F. Crickard and Henry S. Culver the subscribing witnesses to the

last Will and Testament of John H. Shoub 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 9" day of March

A.D. 1891, purporting to be the last Will and Testament of John
Delaware County Ohio Will Records Vol. 9 1890-1893 (236)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (236)

Description

[page 236]

[corresponds to page 207 of Delaware County Ohio Will Records Vol. 9 1890-93]

207

John H. Shoub's Will

H. Shoub now deceased, is the Will of said deceased John H. Shoub

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 John H. Shoub

deceased sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said John H.

Shoub 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 F. Crickard

Henry S. Culver

Sworn to and subscribed by said witnesses in open Court this 1"

day of June A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Journal Entry

June 1st 1891

In the Matter of the Will }

of John H. Shoub deceased } Be it remembered, that heretofore, to wit:

on the 28" day of May A.D. 1891

an instrument of writing purporting to be the last Will and Testament

of John H. Shoub 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 F. Shoub and Anna

Shoub next of kin of the Testator, rseident of the State of Ohio

pursuant to a former order of this Court, Celia E. Shoub widow having

waived Notice; therefore on this day came William F. Crickard and

Henry S. Culver 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 afore-

said instrument of writing is the last Will and Testament of said

John H. Shoub 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

Citation ordered and issued to Celia E. Shoub widow of said de-

cedent to elect as to said Will, as required by law, and thereupon

said Celia E. Shoub appeared in Court and acknowledged service of

said Citation.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (237)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (237)

Description

[page 237

[corresponds to page 208 of Delaware County Ohio Will Records Vol. 9 1890-93]

208

John H. Shoub's Will

Will

In the name of the Benevolent Father of All, I John H. Shoub

of Delaware Delaware County Ohio 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 and funeral expenses be paid.

Second I will and bequeath unto my beloved wife Celia Shoub all of my prop-

erty both real and personal (except as hereinafter mentioned) during her nat-

ural life to use and enjoy to the mutual advantage & benefit of herself and

my dear Children John Shoub and Anna Shoub and at the death of my

beloved wife I will and bequeath all of my property absolutely to my two

children above named share and share alike

Third I give unto my dear son John Shoub my gold watch,

Fourth In case my beloved wife should die before my said children arrive

at full age or at the lawful age of choosing a guardian I request that

my faithful friend A. Schwitzer be appointed their Guardian

Fifth I hereby appoint without bond my beloved wife Executrix of this my

last will and testament.

In witness whereof I hereunto subscribed my name

this 9th day of March A.D. 1891 to this my last will and testament

John H. Shoub

Signed by the testator John H. Shoub as and for his last will

and testament in our presence and we at his request in his presence

and in the presence of each other hereby subscribe our names as attest-

ing witnesses.

William F. Crickcard

Henry S. Culver
Delaware County Ohio Will Records Vol. 9 1890-1893 (238)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (238)

Description

[page 238]

[corresponds to page 209 of Delaware County Ohio Will Records Vol. 9 1890-93]

209

Henry Dyxon's Will



4005 Journal Entry

June 3rd 1891

In the Matter of the Authenticated }

Copy of the Will of Henry Dyxon }

late of Franklin Co-deceased -- } An authenticated copy of the last

Will and Testament of Henry

Dyxon, 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

Will.

Henry Dyxon of the County of Franklin in the State of Ohio

having my regular mind and proper memory do make and publish

this my last will and testament in manner and form following:

That is to say:

It is my will that all of my self and wifes funeral expenses and

all just and legal debts be fully paid.

I give devise and bequeath unto my wife Sally if living my house

and lots in Westerville her natural life time and then to go to L.A.

Davis:

I bequeath also to my wife Sally one third of my farm of one hun=

dred acres being Lot No. 9, nine in Genoa Township Delaware

County Ohio and after her decease (the one hundred acres) to go to

Alice Knox - Lovilla Babcock - Lovett Dyxon heirs and

Emily Schrock, I also bequeath my land in Franklin County, to

one third of it to my wife Sally being the land where the farm house

now stands in Blandon Township containing a fraction over twenty

five acres and the other two thirds to go to Emily Schrock - Louvilla

Babcock Lovett Dyxon in equal division Except $800.00 worth

Emily Schrock has allready had and Alice Knox to have equal

shares with rest of heirs the land is bounded as follows on west by

I Beals on the north by the County road on the west by Ida

Dyxon and South by I, Mossinan and Emily Schrock.

I also devise and bequeath my farm in Liberty Township Del=

aware County, Ohio, containing one hundred acres Known as the marks

farm to Emily Schrock Laura A. Davis Alice Knox Lovett

Dyxon heirs to be divided equal among them Except there is to be

take five hundred dollars to purchase a monument to be placed at

my wifes and my own graves.

I also devise and bequeath unto my two Sons Clinton and Ir=

vin W. Dyxon the land Town in Kansas in Green-wood County

Clinton Dyxon to have the west part described as follows west of Sec=

tion No 16 Township No 28 and range No. 9 being 320 acres in Green=

wood County and Irvin W. Dyxon to have the East half of the

same section and forty acres joining the same on the north better
Delaware County Ohio Will Records Vol. 9 1890-1893 (239)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (239)

Description

[page 239]

[corresponds to page 210 of Delaware County Ohio Will Records Vol. 9 1890-93]

210

Henry Dyxon's Will

known as the south west quarter of section No. 9 Township No 28 and

Range No. 9 making together 360 acres.

In testimony where of I have hereunto set my hand and seal this 18th

day of January 1890.

Henry Dyxon {Seal}

Signed published and declared by the above named Henry Dyxon as and

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

signed as witness to the same.

S. E. Touts {Seal}

C.E. Sharp {Seal}

The State of Ohio } Probate Court

Franklin Country, ss }

I Charles G. Saffin Judge of the Probate

Court, within and for the County of Franklin and State of Ohio, do

hereby certify that the foregoing is a full and correct copy of the Last

Will and Testament of Henry Dyxon Dec'd as the same appears of

record and on file in said Court.

In Testimony Whereof, I have hereunto

set my hand and the seal of said Court, at Columbus, this 22nd

day of August A. D. 1890.

{Seal} Charles G. Saffin

Judge of the Probate Court

Franklin County, O

The State of Ohio } Probate Court

Franklin County, ss }

I, Lorenzo D. Hagerty, Judge of the Probate

Court, within and for the County of Franklin and State of Ohio,

do hereby certify that the foregoing is a full and correct copy of the

Last Will and Testament of Henry Dyxon Deceased. In

Will Record M. Page 166, as the same appears of record and in full

in said Court.

In Testimony Where of, I have hereunto set my hand

and the seal of said Court, at Columbus, this 28th day of May.

A.D. 1891.

{Seal} Lorenzo D. Hagerty

Judge of the Probate Court

Franklin County, Ohio
Delaware County Ohio Will Records Vol. 9 1890-1893 (240)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (240)

Description

[page 240]

[corresponds to page 211 of Delaware County Ohio Will Records Vol. 9 1890-93]

211

Benonie Dickerman's Will

Application for Probate of Will Filed June 4/91

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of the last }

Will and Testament of Be= } Application to Admit to Probate

nonie Dickerman, Deceased.}

To the Hon. N. F. Overturf, Judge of the Pro=

bate Court in and for said County:

Your petitioner respectfully represents that

Bonnie Dickerman late a resident of the Township of Berlin in said

County, died on or about the 21 day of May. A.D. 1891, leaving an in=

strument in writing, hereto attached, purporting to be his last Will and

Testament: That the said Bonnie Dickerman 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

Harriett Davis Daughter Constantia O

Sterling Dickerman Son " "

Calvin W. Dickerman " " "

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named person may be notified ac=

cording to law of the pending of said proceedings

Calvin W. Dickerman

The foregoing application was signed in my presence and sworn to be=

fore me, this 4" day of June, A. D. 1891.

N. F. Overturf

Probate Judge

Waiver Filed June 4/91

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 1st day of June A. D. 1891.

Harriet A. Davis

Calvin W. Dickerman

S. T. Dickerman

Probate of Will Filed June 4/91

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court T. H. An=

drus D. B. Jayes and George Cleveland the subscribing witnesses

to the last Will and Testament of Benonie Dickerman late of

Berlin Township in said Delaware County, deceased; who being and

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

nothing but the truth in relation to the execution of said Will,
Delaware County Ohio Will Records Vol. 9 1890-1893 (241)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (241)

Description

[page 241]

[corresponds to page 212 of Delaware County Ohio Will Records Vol. 9 1890-93]

212

Benonie Dickerman's Will

depose and say: That the paper before them bearing date the 19 day of

May, A. D. 1891 purporting to be the last Will and Testament of Benonie

Dickerman now deceased, is the Will of said deceased Benonie Dickerman

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 Benonie Dickerman deceased

sign and seal said Will, and heard him acknowledge the same to be his last

Will and Testament and that the said Benonie Dickerman at the

time of making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint

F. H. Andrus

D. B. Jaynes

George Cleveland

Sworn to and subscribed by said witnesses, in open Court, this 4" day of

June, A. D. 1891

N. F. Overturf

Probate Judge

Journal Entry

June 4th 1891 }

In the Matter of the Will of }

Benonie Dickerman, deceased } This day, an instrument of writing,

purporting to be the last Will and Tes=

tament of Benonie Dickerman, late of Berlin Township 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 thereupon came Harriet A. Davis, Calvin W. Dickerman and

S. T. Dickerman only next of kin of said Testator resident of the State

of Ohio, and in writing waived Notice and consented to the probate of said

Will and thereupon came F. H. Andrus - D. B. Jaynes and George

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 respectivley subscribed, and filed with

said Will whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Benonie Dicker=

man 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 admited to probate and that the same, together with the testimony

of the witnesses above named us well as the proceedings had thereon,

be entered of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (242)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (242)

Description

[page 242]

[corresponds to page 213 of Delaware County Ohio Will Records Vol. 9 1890-93]

213

Benonie Dickerman's Will

Will

I, Benonie Dickerman of Berlin Township Delaware County State of

Ohio, By occupation a farmer, make this my last Will and Testatment.

I give and devise and bequeath my estate and property real and person=

al as follows: that is to say (this being my last will and testament)

I give and bequeath to my son Edward Payson the ownership of my

Literary works The Blood Stained Cross - The Pre-Incarnate

Messiah and other poems to hold or dispose of at pleasure.

I give and bequeath to my daughter Harriet Alma the land in which

she now resides being a part of lot No. 4 in Berlin Township beginning

at the south east corner of my farm on the line of Berlin and Bershire

Township being in length one hundred and thirty eight (138) rods and

in width twenty one (21) rods. But this is to cover any and every

claim she may hold against the estate of my sister Lotia Dickerman

I give and bequeath to my son Sterlin Truman the land on which

he now lives lying on the line of Berlin and Berkshire Township being

the north, east corner of my farm adjoining the land of Joseph Irwin

and lying paralel with the land of Harriet Alma this is to include

his share of Lotia Dickerman portion or one fifth the original undi=

vided share of my fathers land. I having bought three shares, This

land is in length one Hundred and twenty - rods in width thirthy four

rods containing twenty six (26) acres more or less. This bequest is on

condition that she said Sterling Truman discharge his in debt=

ness to me and release me of my joint obligation with him: a failure

on his part to discharge these obligations will limit him to Eighty

two rods in length and thirty four rods in width being the east

end of the lot now occupied by him.

I give and bequeath to my daughter Viola Eva the sum of One

thousand dollars to be paid by Calvin W. Dickerman as here after

provided. This to include her share of Lotia Dickerman's one fifth

share in the undivided farm of 194 acres.

I bequeath and give to my sone Calvin W. Dickerman the ballance

of the farm containing about one hundred and forty eight acres more or less

on the following conditions. That he pay my just debts that remain at my

decease. That he pay to my son Edward Payson the sum of One

hundred dollars that he pay my daughter Viola Eva the sum of one

thousand dollars in equal annual payments worth 6 per percent inerest

the last payment to be made within eight years after my decease. The

sums even one hundred dollars to be paid to each Edward Payson

and Harriet Alma to be paid within five years after my decease.

I constitute and appoint the said Calvin W. Dickerman my son the

Executor of this my last will and testament. In witness where of I the

said Benonie Dickerman have hereunto set my hand and seal this tenth day of

May in the year eighteen hundred and ninety one.

Bennie Dickerman {Seal}

Then and there signed sealed published and declared by the said Bennie Dickerman as

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

in presence of each other have hereto subscribed our names as witnesses.

F. H. Andrus

D. B. Jayes

George Cleveland
Delaware County Ohio Will Records Vol. 9 1890-1893 (243)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (243)

Description

[page 243]

[corresponds to page 214 of Delaware County Ohio Will Records Vol. 9 1890-93]

214

William Blair's Will

4906 Journal Entry

June 2nd 1891

In the Matter of the Will }

of William Blair deceased } This day an instrument of writing, purporting

to be the last Will and Testament of Wil=

liam Blair, late of Brown Township in this County, deceased, was pro=

duced 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 there of

and of the application to admit the same to probate and record, be given to

Harry Blair next of kin of the Testator, resident of the State of Ohio,

(I Natilda Blair, widow, and Frank Blair other next of kin having in

writing waived Notice, and consented to the probate of said Will) that

said application will be for hearing before this Court on the 9th day of June

A. D. 1891 at 10 o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed June 2/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will }

and Testament of William } Application to Admit to Probate

Blair - deceased -- }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioners respectfully represent that

William Blair late a resident of the Township of Brown in said Coun=

ty - died on or about the 27" day of April, A. D. 1891 leaving an instru=

ment in writing, hereto attached, purporting to be his last Will and Tes=

tament. That the said William Blair died leaving Matilda Blair

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

Frank Blair Son Leonardsburg

Harry Blair Son " "

Your petitioners pray 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

Matilda Blair

Frank Blair

The foregoing application was signed in my presence and sworn to

before me, this 2nd day of June, A. D. 1891

{Seal} N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (244)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (244)

Description

[page 244]

[corresponds to page 215 of Delaware County Ohio Will Records Vol. 9 1890-93]

215

William Blair's Will

Waiver

We the undersigned widow and 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 2'd day of June A.D. 1891

Matilda Blair

Frank Blair

Notice

The State of Ohio }

Delaware County ss } In Probate Court

In the Matter of the last Will and Testament

of William Blair - deceased.

To Matilda Blair:

You are hereby commanded to notify

Harry Blair that on the 2'd day of June A.D. 1891 an instrument

of writing purporting to be the last Will and Testament of William

Blair late of Brown 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 9th day of June A.D. 1891

at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio this 2'd day of June A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed June 9/91

The State of Ohio }

Delaware County ss } Matilda Blair being duly sworn says that on

the 9" day of June A.D. 1891 he served the

within notice by delivering a true copy thereof to the within named Har-

ry Blair.

Matilda Blair

Subscribed in my presence and sworn to before me this 9" day of June

A.D. 1891.

N. F. Overturf

Probate Judge

Probate of Will Filed June 9/91

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Henry R.

Smith and Foster W. Jewell the subscribing witnesses to the last

Will and testament of William Blair late of Brown Township

in said Delaware County deceased, who being duly sworn according to
Delaware County Ohio Will Records Vol. 9 1890-1893 (245)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (245)

Description

[page 245]

[corresponds to page 216 of Delaware County Ohio Will Records Vol. 9 1890-93]

216

William Blair's Will

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 March A.D. 1891, purporting to

be the last Will and Testament of William Blair now deceased is

the Will of said deceased William Blair 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 Blair deceased sign and seal said Will and heard

him acknowledge the same to be his last Will and Testament and that

the said William Blair 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 R. Smith

Foster W. Jewell

Sworn to and subscribed by said witnesses in open Court this 9" day

of June A.D. 1891

N. F. Overturf

Probate Judge

Journal Entry

June 9th 1891

In the Matter of the Will of }

Wiliam Blair - deceased } Be it remembered that heretofore to wit:

on the 2'd day of June A.D. 1891 an in-

strument of writing purporting to be the last Will and Testament of Wil-

liam Blair 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 Harry Blair one of the next of kin of the Testator, resident of

the State of Ohio, pursuant to a former order of this Court (Matilda Blair

the widow and Frank BLair, the other next of kin resident of the State of

Ohio, having waived Notice), therefore on this day came Henry R. Smith

and Foster W. Jewell the subscribing witnesses to said Will, who being du-

ly sworn, testified to the due execution and attestation of said Will which tes-

timony was reduced to writing, by them respectively subsccribed, and filed with

said Will, whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said William Blair 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 to-

gether 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 Matilda Blair widow of said decedent to elect as

to said Will, as is required by law. And thereupon came said Matilda

Blair, widow and acknowledged service of said Citation.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (246)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (246)

Description

[page 246]

[corresponds to page 217 of Delaware County Ohio Will Records Vol. 9 1890-93]

217

William Blair's Will

Will

Know all men by these Presents that I, William Blair of Leon-

ardsburg in the County of Delaware, and State of Ohio (merchant) being

in ill health and of sound and disposing mind and memmory do make

and publish this my last Will and testament thereby revoking all former

wills by me made at any time heretofore.

And as to my worldly estate and all the property, real, personal, or mixed,

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:

I give devise and bequeath to my beloved wife Matilda Blair after all

just debts and funeral expenses are paid - all the rest of my property

both personal and real to have and to hold the same as follows -

1st I give to her the use improvement and income of my dwelling

house and land pertaining thereto, to the amount of ninety five acres

lying North of the road, known as the homestead, to have and to hold

the same to her for and during the term of her natural life

2'd I give and bequeath to her the tract of land south of the road

and adjoining the village of Leonardsburg or Eden Station containing

six and three fourths acres, and six laid off town lots with power to

sell the lots and to lay off and sell other lots from the unlaid off

portion or to dispose of the entire six and three fourths acres if she

considers it wise so to do. The proceeds to form a part of the estate and

to be hereinafter provided for.

3rd I give to her all my household goods and furniture farming

implements of all kinds and stock including horses, cattle, sheep, hogs

etc to be used controlled and sold by her, as occasion may demand

just as owned controlled and sold by myself

4) I further devise and bequeath that the death of my wife

Matilda Blair, that the homestead including the house and ninety five

acres north of the road shall go to my son Harry Blair his heirs and as-

signs forever. He to pay to his brother Frank Blair the sum of One

thousand dollars.

5 I further devise and bequeath That in addition to what he has

already received $1012.50 my son Frank Blair shall receive one thous-

and dollars to be paid him by Harry Blair when he comes into

possession of the above named homestead. He shall further be entitled

to one third share of the proceeds from the sale of the house, and lots,

and six and three fourths acres of land lying south of the road as before

described. It is further my wish that if my wife Matilda Blair

and my son Harry Blair see fit to meet the claims of my son

Frank Blair before the event of the death of Matilda Blair they

can have this option and satisfy him in full of all claims against

my estate either in payment of money in part and in lot or lots

south of road as they may mutually agree.

And lastly I do nominate and appiont my wife Matilda Blair

and my son Frank Blair to be executors of this my last will and

testament to serve without bond.

In testimony whereof I the said William Blair have to this
Delaware County Ohio Will Records Vol. 9 1890-1893 (247)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (247)

Description

[page 247]

[corresponds to page 218 of Delaware County Ohio Will Records Vol. 9 1890-93]

218

William Blair's Will

my last will and testament contained on the above sheeet of paper subscribe

my name and affix my seal this twenty seventh day of March in the year

of our Lord one thousand eight hundred and ninety one (1891)

William Blair {Seal}

Signed, sealed, published and declared by the said William Blair as

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

the said William Blair and in his presence and in the presence of

each other have hereunto subscribed our names as witnesses

Henry R. Smith

Foster W. Jewell
Delaware County Ohio Will Records Vol. 9 1890-1893 (248)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (248)

Description

[page 248]

[corresponds to page 219 of Delaware County Ohio Will Records Vol. 9 1890-93]

219

Thomas Love's Will

Journal Entry

June 4" 1891

In the Matter of the Will }

of Thomas Love - deceased } This day an instrument of writing purport-

ing to be the last Will and Testament

of Thomas Love, 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 no-

tice thereof and of the application to admit the same to provate and rec-

ord be given to Herchel Smith Love and Zoa Love Hite next of kin

of the Testator, resident of the State of Ohio, that said application

will be for hearing before this Court on the 10th day of June A.D>

1891, at 11 o'clock A.M. (Florence E. Love widow of said Testator

having in writing waived Notice and consented to the probate of said

Will)

N. F. Overturf

Probate Judge

Application for Probate of Will Filed June 4/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will }

and Testament of Thomas } Application to Admit to Probate

Love - deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Thomas Love late a resident of the Township of Thompson in

said County, died on or about the 29" day of April A.D. 1891, leaving an

instrument in writing hereto attached, purporting to be his last Will

and Testament. That the said Thomas Love died leaving Florence

Eugene Love widow and the following named persons his only next of kin

resident of the State of Ohio:

Name Age of Degree of Kinship P. O. Address

Minor

Herchel Smith Love 10 Son Richwood O

Zoa Love Hite 20 Daughter Richwood 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.

Florence E. Love

The foregoing application was signed in my presence and sworn to

before me this 4 day of June A.D 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (249)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (249)

Description

[page 249]

[corresponds to page 220 of Delaware County Ohio Will Records Vol. 9 1890-93]

220

Thomas Love'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 4 day of June. A.D. 1891.

Florence E. Love.


Notice


The State of Ohio } In Probate Court

Delaware County.ss.}

In the matter of the last Will and Testament of

Thomas Love deceased.

To Florence Eugene Love:

You are hereby commanded to notify Her:

chel Smith Love and Zoa Love Hite that on the 4 day of June

A.D. 1891, an instrument of writing purporting to be the last Will and

Testament of Thomas Love late of Thompson Township, in said Coun:

ty, 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 10" day of June

A.D. 1891. at 11 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 4 day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed June 10/91

The State of Ohio } In Probate Court

Delaware County.ss.}

Personally appeared in open Court S.S.

Gardner and N.P. Westheimer the subscribing witnesses to the

last Will and Testament of Thomas Love late of Thompson 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:
Delaware County Ohio Will Records Vol. 9 1890-1893 (250)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (250)

Description

[page 250]

[corresponds to page 221 of Delaware County Ohio Will Records Vol. 9 1890-93]

221

Thomas Love's Will

That the paper before them bearing date the 19" day of January

A.D. 1883, purporting to be the last Will and Testament of

Thomas Love now deceased, is the Will of said deceased Thomas

Love 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 Thomas

Love 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 Love 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.D. Gardner

N.P. Westheimer

Sworn to and subscribed by said witnesses, in open Court, this

10" day of June A.D. 1891.

N.F. Overturf

Probate Judge.


Journal Entry

June 10" 1891. }

In the Matter of the Will }

of Thomas Love, deceased~.} Be it remembered, that heretofore, to-

wit: on the 4 day of June A.D.

1891. an instrument of writing, purporting to be the last Will and Tes:

tament of Thomas Love 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 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 Herchel Smith

Love and Zoa Love Hite next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court. (Florence E.

Love, widow, having waived Notice); therefore, on this day came S.S.

Gardner and N.P. Westheimer 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

Thomas Love, 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 tes:

timony of the witnesses above named, as well as the proceedings had thereon

be entered of record in this Court.

Citation ordered and issued to Florence Eugen Love widow of said decedent

to elect as to said Will as required by law and thereupon came the said

Widow and in writing acknowledged service of said Citation

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (251)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (251)

Description


[page 251]

[corresponds to page 222 of Delaware County Ohio Will Records Vol. 9 1890-93]

222

Thomas Love's Will

In the Name of The Benevolent Father of All~ I Thomas Love

of Thompson Township Delaware County, Ohio. do make and publish

this my last Will and Testament as follows:

Item 1st

It is my will and desire that all my just debts and funeral expenses be

fully paid as soon after my death as may be found convenient.

Item 2d

I do give and bequeath to my son Herchel Smith Love the sum of one

thousand dollars ($1000.00) to be paid to him by my executor when he attains

the age of twent one years.

Item 3d

I do give and bequeath to my adopted daughter Zoa Love the sum of

one Hundred dollars ($100.00) to be paid to her as soon after my decease as

may be convenient.

Item 4th

I do give devise, and Bequeath to my Beloved wife Florence Eugene Love

all the residue of my estate, both Real and personal including all mon:

ies - notes & choses in action that I may own at the time of my decease-

also the farm whereon I now reside consisting of about Ninety acres in

Thompson Tp. Delaware County, Ohio, also the three and 1/4 acre Lot

I now own situated in the Incorporated Village of Richwood on the

East side of the Richwood and Essex Pike as may be seen upon

the map of said Village ~ & opposite and now occupied by Susan Swartz

in Claibourne Tp. Union County, Ohio.

To have and to hold the above mentioned Lands, and all the appurte:

nances thereto belonging to the said Florence Eugene Love her

heirs and assigns for ever.

Item 5th

I do hereby nominate and appoint my wife above name Guardian

of my son H. Smith Love and also Executor of this my last

will and Testament giving her full power and authority in the prem:

ises

In testimony whereof I have hereunto set my hand and seal this 19th

day of January A.D. 1883.

Thomas Love {Seal}

Signed, sealed and acknowledged by the said Thomas Love as and

for his last will and Testament in our presence and signed by us

in his presence the day & year above written

S.S. Gardner

N.P. Westheimer.
Delaware County Ohio Will Records Vol. 9 1890-1893 (252)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (252)

Description

[page 252]

[corresponds to page 223 of Delaware County Ohio Will Records Vol. 9 1890-93]

223

Jacob Myers Will

Journal Entry

May 23d 1891.

In the Matter of the Will of }

Jacob Myers- deceased } This day an instrument of writing, pur:

porting to be the last Will and Testament

of Jacob Myers, 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 Catharine Myers- widow, and Elizabeth Arehart-

Cynthia Mokk Wm Russell Myers- Sherman Myers- Diantha

Talley- Alice Miller- Dora Richey- Charley Yarger- Walter

Yarger- Edith Yarger- Orpha Yarger 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 10th day of June. A.D. 1891. at 2

o'clock P.M.

N.F. Overturf
Probate Judge.


Application for Probate of Will Filed May 23/91


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

Jacob Myers, deceased }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Jacob Myers late a resident of the Township of Delaware in said

County, died in or about the 12" day of May. A.D. 1891 leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said Jacob Myers died leaving Catharine

Myers-widow- and the following named persons his next of kin

resident of the State of Ohio


Name Age Degree of Kinship P.O. Address
of
Minor
Elizabeth Arehart Daughter Delaware O

Cynthia Mokk " Bellville O

Wm Russell Myers Son Alliance O

Sherman Myers " Lexington O

Diantha Talley Daughter Kilbourne O

Alice Miller " Marion O

Dora Richey Grand daughter Fredericktown O

Charley Yarger (Childern " Son Lexington O

Walter Yarger of " " " "

Edith Yarger Mary " Daughter " "
Myers
Orpha Yarger Yarger) " " " "

Delaware County Ohio Will Records Vol. 9 1890-1893 (253)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (253)

Description

[page 253]

[corresponds to page 224 of Delaware County Ohio Will Records Vol. 9 1890-93]

224

Jacob Myers 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.

David Arehart

The foregoing application was signed in my presence and sworn to before

me, this 23 day of May A.D. 1891

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

Jacob Myers, deceased.

To David Arehart:

You are hereby commanded to notify

Catharine Myers- Elizabeth Arehart- Cynthia Mokk- Wm Russell

Myers- Sherman Myers- Diantha Talley- Alice Miller- Dora

Richey- Charles Yarger- Walter Yarger- Edith Yarger and Orpha

Yarger and also William Yarger, the father of Mary Yarger's child:

ren, that on the 23 day of May. A.D. 1891, an instrument of writing

purporting to be the last Will and Testament of Jacob Myers

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 10" day of June. A.D. 1891. at 2

o'clock P.M.

Witness my hand and the seal of said Probate Court, at

Delaware, Ohio, this 23 day of May. A.D. 1891.

N.F. Overturf

{Seal} Probate


Proof of Service Filed June 10/91

The State of Ohio }

Delaware. ss. } David Arehart being duly sworn, says that

he served the within notice by delivering a true copy thereof to the with-

in named Catharine Myers- Elizabeth Arehart: Cynthia Mokkk-

Wm Russell Myers- Sherman Myers- Diantha Talley- Alice

Miller- Dora Richey- Charles Yarger- Walter Yarger- Edith

Yarger and orpha Yarger- and also William Yarger the father of Mary

Yarger's children

David Arehart.

Subscribed in my presence and sworn to before me this 10" day of

June. A.D. 1891.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (254)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (254)

Description

[page 254]

[corresponds to page 225 of Delaware County Ohio Will Records Vol. 9 1890-93]

225

Jacob Myer's Will

Probate of Will Filed June 10/91


The State of Ohio } In Probate Court

Delaware County ss)

Personally appeared in open Court Levi M. Ly:

dy and Minerva Slack the subscribing witnesses to the last Will and

Testament of Jacob Myers 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 pa:

per before them bearing date the 5" day of May. A.D. 1891, purport:

ing to be the last Will and Testament of Jacob Myers now de:

ceased, is the Will of said deceased Jacob Myers, 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 wit=

nesses, in his presence: that they saw the said Jacob Myers

deceased sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

Jacob Myers at the time of making, signing and sealing said

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

any restraint.

Levi M. Lydy

Minerva Slack.

Sworn to and subscribed by said witnesses, in open Court, this

10" day of June. A.D. 1891.

N.F. Overturf

Probate Judge


Journal Entry

June 10" 1891.

In the Matter of the Will }

of Jacob Myers- deceased. } Be it remembered, that heretofore

to wit: on the 23rd day of May. A.D.

1891 an instrument of writing, purporting to be the last Will and Tes:

tament of Jacob Myers, 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

Catharine Myers, widow, and Elizabeth Arehart- Cynthia Mokk

William Russell Myers- Sherman Myers- Diantha Talley-

Alice Miller Dora Richey Charles Yarger- Walter Yarger-

Edith Yarger and Orpha Yarger and also William Yarger the

father of Mary Yarger's children. 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 Levi M. Lydy and Minerva Slack

the subscribing witnesses to said Will, who being duly sworn, testi:

fied to the due execution and attestation of said Will, which tes:

timony was reduced to writing, by them respectively subscribed, and
Delaware County Ohio Will Records Vol. 9 1890-1893 (255)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (255)

Description

[page 255]

[corresponds to page 226 of Delaware County Ohio Will Records Vol. 9 1890-93]


226
Jacob Myer's Will

filed with said Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said Jacob

Myers, 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.

Citation ordered and issued to Catharine Myers, widow of said dece:

dent to elect as to said Will, as required by law and thereupon same

the said Widow and in writing acknowledged service for said Citation.

N.F. Overturf

Probate Judge



Will

Last Will of Jacob Myers

{County of Delaware, and State of Ohio ss}

In the name of the Father of all, I, Jacob Myers, being of sound

mind and in the right use of my mental faculties, do herein make

my last Will and Testament.

It is my will that all my debts now unpaid, together with

funeral and other incidental expenses, and expenses of administra:

tion be paid out of moneys collected from the sale of sufficient amount

of my personal or chattel property to meet the same, and excepting

the moneys in payment of the above mentioned debts I do hereby devise

and give to my beloved wife Catharine Myers, all my moneys and

property both real and personal to have and to hold, together with the

income of the same during her natural life, after which it is my

will that said property shall be equally divided among my children

viz, to Cynthia Mock- Diantha T Galley- Wm. Russell Myers-

Sherman Myers, Alice Miller, and Elizabeth Arehart, each one

Seventh of the whole and to the heirs of Mary Yarger decd, one sev:

enth. I further appoint David Arehart Executor of this my

last Will and Testament. Done this 5th day of May. A.D. 1891.

{Levi M Lydy Jacob Myers.

Attest {Minerva Slack.
Delaware County Ohio Will Records Vol. 9 1890-1893 (256)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (256)

Description

[page 256]

[corresponds to page 227 of Delaware County Ohio Will Records Vol. 9 1890-93]

227
James W. Noble's Will

Journal Entry

June 4th 1891

In the Matter of the Will }

of James W. Noble-deceased} This day an instrument of writing, pur:

porting to be the last Will and Testament

of James W. Noble, 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 applicatiion to admit the same to pro:

bate and record, be given to Matilda Noble, widow, and William N.

Noble- Lydia D. Noble- Flora B. Noble- and George L. Noble (Reuben

S. Noble 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 9th

day of June. A.D. 1891. at 9 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed June 4/91


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

Jas. W Noble. deceased }

To the Hon N.F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Jas. W. Noble late a resident of the Township of Thomp:

son in said county, died on or about the 17" day of May. A.D. 1891.

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Jas. W. Noble

died leaving Matilda Noble widow and the following named persons

his only next of kin resident of the State of Ohio:

Name Age of Degree of Kinship P.O. Address

Reuben S. Noble 25 Son Prospect O

William N. Noble 13 " " "

Lydia D. Noble 19 Daughter " "

Flora B. Noble 14 " " "

George L. Noble 12 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

Alfred F. Wottring

The foregoing application was signed in my presence and sworn to

before me, this 4 day of June. A.D. 1891

N.F. Overturf Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (257)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (257)

Description

[page 257]

[corresponds to page 228 of Delaware County Ohio Will Records Vol. 9 1890-93]


228
James W. Noble's Eill

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 4 day of June A.D. 1891.

Reuben S. Noble.


Notice

The State of Ohio } In Probate Court

Delaware County ss.}

In the matter of the last Will and Testament of

Jas. W. Noble, deceased.

To Alfred F. Wottring:

You are hereby commanded to notify

Matilda Noble- William N. Noble- Lydia D. Noble- Flora B.

Noble- and George L. Noble that on the 4 day of June. A.D. 1891,

an instrument of writing purporting to be the last Will and Testament

of Jas. W. Noble late of Thompson Township, 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 application

will be for hearing before this Court on the 9" day of June. A.D. 1891.

at 9 o'clock A.M.

Witness my hand and the seal of said Probate

Court at Delaware, Ohio, this 4 day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed June 9/91

The State of Ohio }

Delaware County.ss} Alfred F. Wottrig being duly sworn, says

that on the 4 day of June. A.D. 1891. he served

the within notice by delivering a true copy thereof to the within named

Matilda Noble- William N Noble- Lydia D. Noble- Flora

B. Noble and George L. Noble.

Alfred F. Wottring

Subscribed in my presence and sworn to before me this 9" day of June.

A.D. 1891.

N.F. Overturf

Probate Judge.


Probate of Will Filed June 9/91


The State of Ohio } In Probate Court

Delaware County.ss}

Personally appeared in open Court Frank

M. Cook the subscribing witness to the last Will and Testament

of Jas. W. Noble 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, deposes and says: That the paper before
Delaware County Ohio Will Records Vol. 9 1890-1893 (258)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (258)

Description

[page 258]

[corresponds to page 229 of Delaware County Ohio Will Records Vol. 9 1890-93]


229
James W. Noble's Will

him bearing date the 25 day of March. A.D. 1890, purporting to be the

last Will and Testament of Jas. W. Noble now deceased, is the

Will of said deceased Jas. W. Noble that he was present at the

execution of said Will, and at the request of the Testator, respectively

subscribed his name to the same as a witness, in his presence; that

he saw the said Jas. W. Noble deceased sign and seal said Will,

and heard him acknowledge the same to be his last Will and Tes:

tament, and that the said Jas. W. Noble 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. Cook.

Sworn to and subscribed by said witness, in open Court this 9 day of

June A.D. 1891.

N.F. Overturf

Probate Judge.



Journal Entry

June 9th 1891.

In the Matter of the Will }

of James W. Noble-deceased. } Be it remembered, that heretofore,

to-wit: on the 4th day of June A.

D. 1891, an instrument of writing, purporting to be the last Will

and Testament of James W. Noble, 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 ap:

plication to admit the same to probate and record in this Court,

has been given to Matilda Noble- widow and William N. Noble

Lydia D. Noble- Flora B. Noble- and George L. Noble (Reuben

S. Noble having waived Notice) next of kin of the Testator, resident

of the State of Ohio pursuant to a former of this Court; therefore,

on this day came Frank M. Cook 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.

And it appearing to the Court, that Henry Hain, the other sub:

scribing witness to said Will is a resident of Marion County.

Ohio, and is without the jurisdiction of this Court, it is therefore

ordered that a commission with the Will annexed, issue herein

to J.W. Statler, of Marion County, Ohio, directing him to

take the deposition of said subscribing witness- and return the same

duly certified, with all convenient speed, to this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (259)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (259)

Description

[page 259]

[corresponds to page 230 of Delaware County Ohio Will Records Vol. 9 1890-93]

230
James W. Nobles Will

Commission Refs & filed June 11/91

To take Testimony of Witness to Will


The State of Ohio }

Delaware County.ss } To J.W. Statler of Marion County O. 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 exam:

ine and take the deposition of Henry Hain subscribing witness, to the

last Will and Testament of Jas. W. Noble hereto annexed, late of the

County of Delaware, in the State of Ohio, deceased, and therefore we com:

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

said Henry Hain to be brought before you and then and there to exam:

ine him on oath on affirmation first taken before you, touching the

due execution of said Will of the said Jas. W. Noble and that you

reduce such examination to writing and return the same, together with

this Commission and the Will of the said Jas. W. Noble, 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, at Delaware, O. this 9" day of June. A.

D. 1891.

{Seal} N.F. Overturf

Probate Judge.


Will

In the name of the Benevolent Father of All, I James W.

Noble of Thompson Township in the County of Delaware and State

of Ohio, being of lawful age and sound mind do publish this as

my last Will and Testament.

Item 1st

I wish and desire that all my honest debts shall be paid.

Item 2d

I wish and desire that a suitable monument be put up in the

center of my Lot in Prospect cemetery, in the County of Marion Ohio

to cost about Three Hundred Dollars, on which said monument I

wish the Name of George Noble and also the Square and compass,

and the letter G engraved. And said monument is so to be pu up

as the Masonic Emblems, to-wit the Compass and Square, are to

indicate as near as may be where George Noble is buried.

Item 4d

It is my wish and desire that my name and also three []

the Odd Fellow Emblems, be engraved on said monument, at

such place on the same, as to indicate where I am may be burred.

Item 4th

I give and bequeath to my beloved wife Matilda Noble all of

my personal property of whatever nature or kind, she paying my

honest debts; and paying for said monument above mentioned.

Item 5th

In order to the better enable my said beloved wife Matilda No:

ble, to pay my debts and also pay said monument, I give and

bequeath to her the entire use of my Real Estate during her wid:

owhood. Should she againt get married, in that case she is only
Delaware County Ohio Will Records Vol. 9 1890-1893 (260)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (260)

Description

[page 260]

[corresponds to page 231 of Delaware County Ohio Will Records Vol. 9 1890-93]

231

James W. Noble's Will

to have such portion of said Real Estate which the laws of Ohio

would prescribe to her. She keeping said Real Estate in good re:

pair and paying the taxes of the same.

Item 6th

I do hereby nominate Alfred F. Wottring Executor of this my

last Will and Testament

I do hereby revoke all former wills by me made.

In Testimony I hereunto set my hand

and seal this 25th day of March 1890.

James N. Noble. {Seal}

Signed and acknowledged by said James W. Noble as his last

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

Frank M. Cook

Henry Hain.


Deposition of Witness to Will Filed June 11/91


The State of Ohio } In the Matter of the last Will and Testament of

Marion County.ss } James W. Noble.

Personally appeared before me J.W. Statler Commissioner,

Henry Hain subscribing witness to the last Will and Testa:

ment of Jas. W. Noble, late of Thompson 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 he was present at the execution of the paper before

him bearing date the 25 day of March A.D. 1890. puprporting to

be the last Will and Testament of Jas. W. Noble 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 witness in his

presence; that he saw the said Jas. W. Noble sign and seal said

Will and heard him acknowledge the same to be his last Will

and Testament, and that the said Jas. W. Noble 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 Hain


The State of Ohio }

Marion County.ss } I, J.W. Statler 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

testimony of Henry Hain subscribing witness to the last Will

and Testament of: Jas. W. Noble 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 Com:

mission I caused the above named Henry Hain subscribing wit:

ness as aforesaid to appear before me at Prospect O. on the 9th day of

June 1891, that he was first duly sworn by me, according to law

to speak the truth, the whole truth, and nothing but the truth;
Delaware County Ohio Will Records Vol. 9 1890-1893 (261)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (261)

Description

[page 261]

[corresponds to page 232 of Delaware County Ohio Will Records Vol. 9 1890-93]

232
James W. Noble's Will

that I examined him in relation to the execution of said Will, and re:

duced 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 9th day of June. A.D. 1891.

J.W. Statler

Commissioner



Journal Entry

June 11th 1891.

In the Matter of the Will of }

James W. Noble deceased~ } The commission heretofore issued

herein to take the testimony of Hen:

ry Hain, one of the subscribing witnesses to the Will of said James

W. Noble deceased, was this day returned duly exucuted, and the

same was filed herein; whereupon the Court finds from the examin:

ation of the former witness and from the deposition as taken that the

aforesaid instrument of writing is the last Will and Testament

of said James W. Noble, 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.
Delaware County Ohio Will Records Vol. 9 1890-1893 (262)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (262)

Description

[page 262]

[corresponds to page 233 of Delaware County Ohio Will Records Vol. 9 1890-93]

233

Andrew Lang's Will

Journal Entry

June 8" 1891

In the Matter of the Will of}

Andrew Lang - deceased } This day an instrument of writing, pur-

porting to be the last Will and Testament

of Andrew Lang, 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 William H. Lang and Clarence E. Lang 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 12" day of June

A.D. 1891, at 9 o'clock A.M. Susanna Lang widow and Anna

C. Lang, Catherine S. Lang and George F. Lang the other next

of kin of said Testator having in writing 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

Andrew Lang - deceased }

To the Hon. N. F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Andrew Lang late a resident of the Township of Delaware

in said County, dec'd on or about the 4" day of June A.D. 1891, leav-

ing an instrument in writing, hereto attached, purporting to be his

last Will and Testament: that the said Andrew Lang died

leaving Susannah Lang, widow, and the following named persons

his only next of kin resident of the State of Ohio:

Name Age of Degree of Kinship P. O. Address

George F. Lang 25 Son Delaware O

Anna C. Lang 19 Daughter Delaware O

Catherine S. Lang 21 " Prospect O

William H. Lang 18 Son Norton O

Clarence E. Lang 15 " 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 not-

ified according to law of the pending of said proceedings

James R. Lytle

The foregoing application was signed in my presence and sworn
Delaware County Ohio Will Records Vol. 9 1890-1893 (263)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (263)

Description

[page 263]

[corresponds to page 234 of Delaware County Ohio Will Records Vol. 9 1890-93]

234

Andrew Lang's Will

before me this 8" day of June A.D. 1891

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 8" day of June A.D. 1891

her

Susanna X Lang

mark

Anna C. Lang

Catherine S. Lang

George F. Lang

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testament

of Andrew Lang - deceased.

To James R. Lytle:

You are hereby commanded to notify

William H. Lang and Clarence E. Lang that on the 8" day of June

A.D. `89`, an instrument of writing purporting to be the last Will and

Testament of Andrew Lang 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 12 day of June

A.D. 1891 at 9 o'clock A.M.

Witness my hand and the seal of said Probate

Court at Delaware, Ohio, this 8" day of June A.D. 1891.

N. F. Overturf

Probate Judge

Proof of Service Filed June 8/91

The State of Ohio }

Delaware County ss } James R. Lytle, being duly sworn, says

that on the 8th day of June A.D. 1891

he served the within notice by delivering a true copy thereof to the

within named William H. Lang and Clarrence E. Lang.

James R. Lytle

Subscribed in my presence and sworn to before me this 8th day of

June A.D. 1891

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (264)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (264)

Description

[page 264]

[corresponds to page 235 of Delaware County Ohio Will Records Vol. 9 1890-93]

235

Andrew Lang's Will

Probate of Will Filed June 12/91

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Henry H.

Beecher and David Grinton the subscribing witnesses to the last Will

and Testament of Andrew Lang 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 2 day of June A.D. 1891, pur-

porting to be the last Will and Testament of Andrew Lang now

deceased, is the Will of said deceased Andrew Lang, 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 wit-

nesses, in his presence: that they saw the said Andrew Lang de-

ceased sign and seal said Will and heard him acknowledge the

same to be his last Will and Testament, that the said Andrew

Lang 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 H. Beecher

David Grinton

Sworn to and subscribed by said witnesses in open Court this

12" day of June A.D. 1891

N. F. Overturf

Probate Judge

Journal Entry

June 12 1891

In the Matter of the Will }

of Andrew Lang - deceased } Be it remembered that heretofore, to wit:

on the 8" day of June A.D. 1891, an

instrument of writing purporting to be the last Will and Testament

of Andrew Lang, late of Delaware 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

William H. Lang and Clarence E. Lang next of kin of the Tes-

tator resident of the State of Ohio, pursuant to a former order of

this Court, (Susanna Lang, widow, and Anna E. Lang, Catherine

S. Lang and George F. Lang, the other next of kin having waived

Notice); therefore on this day came Henry H. Beecher and

David Trinton 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 Andrew Lang, deceased, That the same was duly
Delaware County Ohio Will Records Vol. 9 1890-1893 (265)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (265)

Description

[page 265]

[corresponds to page 236 of Delaware County Ohio Will Records Vol. 9 1890-93]

236

Andrew Lang's Will

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 memo-

ry, 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 Susanna Lang, widow of said decedent to

elect as to said Will as is required by Law and thereupon came the

said Widow and acknowledged service of said Citation.

N. F. Overturf

Probate Judge

Will

In the name of The Benevolent Father of All, I, Andrew Lang

of Delaware County Ohio, do make and publish this my last

Will and Testament hereby revoking all other wills by me made

Item First,

It is my will that all my just debts and charges be first

paid.

Item Second

I give and devise to my beloved wife Susanna Lang in

Lieu of dower and homestead, the undivided one third part of all my prop-

erty both personal and real, during her natural life, subject to the pay-

ment of my debts and the Legacies hereinafter named.

Item Third

I give and devise to my son George F. Lang, The undivided

one one Third part of all my property, both personal and real subject

to the payment of my debts and the Legacies hereinafter named &

conditioned as hereinafter stated.

Item Fourth

I give and devise to my daughter Anna C. Lang, the

undivided one third part of all my property, both personal and real, sub-

ject to the payment of my debts and the Legacies hereinafter named

Item Fifth.

I give and devise to my daughter Catharine S. Lang The

sum of Two hundred Dollars to be paid to her when my youngest son

Clarence E. Lang shall become of age.

Item Sixth,

I give and devise to my son William H. Lang The sum

of Two Hundred Dollars to be paid to him when my youngest son

Clarence E. Lang shall become of age.

Item Seventh.

I give and devise to my son Clarence E. Lang The

sum of Two hundred Dollars to be paid to him when he becomes of

age. The Legacies to my daughter Catharine S and to my son

William H. and Clarence E. are not to bear interest until af-

ter my said son Clarence E. shall become Twenty one years of age

and in the event of the death of any or either of them before the
Delaware County Ohio Will Records Vol. 9 1890-1893 (266)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (266)

Description

[page 266]

[corresponds to page 237 of Delaware County Ohio Will Records Vol. 9 1890-93]

237

Andrew Lang's Estate

same are payable the survivor or survivors shall take their share, said

Legacies I desire shall remain a Lein upon my real estate until paid

Item Eighth -

At the decease of my wife, Susanna Lang, the said un-

divided one third of my property bequeathed to her in Item 2nd of

this will, during her natural life, I give and bequeath to my son

George F. Lang and my daughter Anna C. Lang and in the event

of the death of either of them prior to the death of my wife with-

out children the survivor shall take the whole

Item Ninth -

The portion of my estate herein bequeathed to my son,

George F. Lang is limited & conditioned as follows, he shall have

the income rents and profits during his natural life and at his death

the principal shall go to the heirs of his body but should he die with-

out issue then the principal shall go to my said daughter Anna

C. Lang.

I hereby appoint Henry L. Baker of Delaware Ohio Trustee

for my said son George F. Lang.

Item Tenth -

I hereby nominate and appoint James R. Lytle of

Delaware Ohio Executor of this my last will and testament

and I hereby authorize and empower my said Executor as soon as

he may deem it for the best interest of my estate to sell and dis-

pose of any or all of my real estate at public or private sale and

deeds to execute and deliver in fee simple and it is my will

and desire that my said Executor shall collect my life insurance

and pay to my wife Susanna Lang the one third part thereof

which I hereby give & bequeath to her during her natural life

and at her death to my son George F. & my daughter Anna C.

Lang and he shall pay one third to my son George Lang one

third to my daughter Anna C. Lang and I hereby give and be-

queath the same to them

In testimony whereof I have hereunto set my hand and seal this

2nd day of June, A.D. 1891

Andrew Lang {Seal}

{Seal}

Signed by Andrew Lang in our presence as his last Will

and testament and signed by us in his presence and at his spec-

ial instance and request

Henry H. Beecher

David Grinton
Delaware County Ohio Will Records Vol. 9 1890-1893 (267)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (267)

Description

[page 267]

[corresponds to page 238 of Delaware County Ohio Will Records Vol. 9 1890-93]

238

William M. Johnston's Will

Journal Entry

May 21st 1891

In the Matter of the Will }

of William M. Johnston, deceased } This day an instrument of writing purport-

ing to be the last Will and Testament of

William M. Johnston 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 Frank A. Johnston - Anna J. Clark and Ida M. Ste-

vens next of kin of the Testator, resident of the State of Ohio, that said

application will be for hearing before this Court on the 27" day of May

A.D. 1891, at 1 o'clock P.M. Ann E. Johnston widow, having in

writing waived notice and consented to the probate of said Will

N. F. Overturf

Probate Judge

Application for Probate of Will Filed May 24/91

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

William M. Johnston, deceased }

To the Hon. N. F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

William M. Johnston late a resident of the Township of Delaware

in said County, decd on or about the 13" day of May A.D. 1891, leaving

an instrument in writing hereto attached purporting to be his last

Will and Testament: That the said William M. Johnston

died leaving Ann E. Johnston widow, and the following named

persons his only next of kin resident of the State of Ohio:

Name Degree of Kinship P. O. Address

Frank A. Johnston Son Stratford O

Anna J. Clark Daughter Pagetown O

Ida M. Stevens " Stratford 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.

Anna E. Johnston

The foregoing application was signed in my presence and sworn

to before me this 21" day of May A.D. 1891

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (268)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (268)

Description

[page 268]

[corresponds to page 239 of Delaware County Ohio Will Records Vol. 9 1890-93]

239

William M. Johnston'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 21" day of May A.D. 1891

Ann E. Johnston

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last WIll and Testa-

ment of William M. Johnston deceased.

To Ann E. Johnston:

You are hereby commanded

to notify Frank A. Johnston, Anna J. Clark and Ida M.

Stevens that on the 21" day of May A.D. 1891, an instrument of

writing, purporting to be the last Will and Testament of William

M. Johnston 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 27

day of May A.D. 1891 at 1 o'clock P.M.

Witness my hand and the seal of said

Probate Court at Delaware Ohio this 21 day of May A.D. 1891

N. F. Overturf

Probate Judge

Proof of Service

The State of Ohio }

Delaware County ss } Ann E. Johnston being duly sworn, says

that prior to the 21" day of May A.D. 1891

she served the within notice by delivering a true copy thereof to the

within named Frank A. Johnston, Anna J. Clark and Ida

M. Stevens.

Ann E. Johnston

Subscribed in my presence and sworn to before me this 21" day of

May A.D. 1891

N. F. Overturf

Probate Judge

Journal Entry

May 27" 1891

In the Matter of the Will }

of William M. Johnston, deceased } Be it remembered, that heretofore, to-

wit, on the 21st day of May A.D. 1891

an instrument of writing, purporting to be the last Will and Tes-

tament of William M. Johnston, 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-
Delaware County Ohio Will Records Vol. 9 1890-1893 (269)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (269)

Description

[page 269]

[corresponds to page 240 of Delaware County Ohio Will Records Vol. 9 1890-93]

240

William M. Johnston's Will


cation to admit the same to probate and record in this Court, has been

given to Frank A. Johnston- Anna J. Clark and Ida M. Stevens

next of kin of the Testator, resident of the State of Ohio, pursuant to a

former order of this Court. (Anna E. Johnston- widow, having waived Notice)

And it appearing to the Court that L.D. Morse, one of the subscribing

witnesses to said Will, is a resident of Dayton Montgomery County Ohio

and is without the jurisdiction of this Court, it is therefore ordered that a

Commission, with the Will annexed, issue herein to E.R. Ryan of Dayton

Montgomery County, Ohio directiong him to take the deposition of said subscrib:

ing witness, and return the same, duly certified, with all convenient speed, to

this Court.

N.F. Overturf

Probate Judge


Will

In the name of the Benevolent Father of All, I William M.

Johnston do make & publish this my last will & testament

First.

It is my will that all my just debts and all charges be paid out of

my estate.

Item 1~

I give and devise all the residue of my estate to my wife Ann E. to be

to her & her heirs forever

Item

I appoint and make my said wife Ann E. Johnston executrix of

this my last will and testament.

In testimony hereof I have hereunto set my hand and seal this 24th day of

June in the year A.D. 1876.

William M. Johnston.

Signed and acknowledged by said William M. Johnston as his last Will

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

L. D. Morse

John J. Glover



Commission Filed June 9/91

To take Testimony of Witness to Will

The State of Ohio } To E.R. Ryan of Montgomery County O. 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 L.D. Morse subscribing

witness to the last Will and Testament of William M. Johnston

hereto annexed, late of the County of Delaware, in the State of Ohio, de:

ceased; and therefore we command you, that at certain days and places ap:

pointed by you, you cause the said L.D. Morse to be brought before you,

and then there to examine on oath or affirmation first taken before you,

touching the due execution of said Will of the said William M.

Johnston and that you reduce such examination to writing, and re:

turn the same, together with this Commission and the Will of the

said William M. Johnston thereto annexed, closed up under you seal,

into our said Probate Court, with all convenient speed.
Delaware County Ohio Will Records Vol. 9 1890-1893 (270)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (270)

Description

[page 270]

[corresponds to page 241 of Delaware County Ohio Will Records Vol. 9 1890-93]

William M. Johnston's Will 241

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

this 27" day of May A.D. 1891.

N.F. Overturf

{Seal} Probate Judge



Deposition of Witness to Will Filed June 9/91


The State of Ohio } In the Matter of the last Will and Testament

Montgomery County.ss} Of William M. Johnston


Personally appeared before me E.R. Ryan, Commissioner, L.D. Morse

one of the subscribing witnesses to the last Will and Testament of

William M. Johnston late of Delaware 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 says: That he was present at

the execution of the paper before him bearing date the 24" day of June

A.D. 1876. purporting to be the last Will and Testament of William

M. Johnston 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 William M. John:

ston sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said William M.

Johnston at the time of making, signing and sealing said Will, was

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

L.D. Morse


The State of Ohio }

Montgomery County,ss} I, E.R. Ryan, duly appointed and commission:

ed by the Judge of the Probate Court, of the

County of Delaware and the State of Ohio, to take the testimony

of L.D. Morse one of the subscribing witnesses to the last Will

and Testament of William M. Johnston 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 Commis:

sion I caused the above named L.D. Morse subscribing witness as

aforesaid to appear before me, at Dayton O. on the eighth day of

June. 1891. 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 re:

duced 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 nam:

ed in said Will, or otherwise interested in the Probate thereof.

In witness whereof I have hereunto set my hand, this

8th day of June A.D. 1891.

E.R. Ryan

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (271)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (271)

Description

[page 271]

[corresponds to page 242 of Delaware County Ohio Will Records Vol. 9 1890-93]

242
William M. Johnston's Will

Journal Entry

June 9th 1891.

In the Matter of the Will of }

William M. Johnston, deceased, } The Commission heretofore issued herein

to take the testimony of L.D. Morse.

one of the subscribing witnesses to said Will, of William M. Johnston,

deceased, was this day returned duly executed, and the same was filed

herein.

And it appearing to the Court that John J. Glover the other sub:

scribing witness to said Will is a resident of Washington D.C. and

is without the jurisdiction of this Court, it is therefore ordered that a

Commission with the Will annexed, issue herein to James N. Fitz:

patrick of Washington D.C. directing him to take the deposition of said

subscribing witness, and return the same, duly certified, with all conven:

ient speed to this Court.

N.F. Overturf

Probate Judge.



Commission Filed June 15/91

To take Testimony of Witness to Will


The State of Ohio } To James N. Fitzpatrick of

Delaware County,ss } Washington D.C. 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 author:

ity to examine and take the deposition of John J. Glover subscribing

witness to the last Will and Testament of William M. Johnston

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 ap:

pointed by you, you cause the said John J. Glover to be brought before

you and then and there to examine him on oath or affirmation first ta:

ken before you, touching the due execution of said Will of the said

William M. Johnston and that you reduce such examination to

writing, and return the same, together with this Commission and

the Will of the said William M. Johnston 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, at Delaware O. this 9" day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (272)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (272)

Description

[page 272]

[corresponds to page 243 of Delaware County Ohio Will Records Vol. 9 1890-93]

243

William M. Johnston's Will


Deposition of Witness to Will Filed June 15/91


The District of Columbia} In the Matter of the last Will and

Washington City. ss } Testament of William M. Johnston- deceased


Personally appeared before me James N. Fitzpatrick Commis:

sioner, John J. Glover subscribing witness to the last Will and

Testament of William M. Johnston late of Delaware 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 he was present at the execution of the

paper before him bearing date the 24 day of June. A.D. 1876.

purporting to be the last Will and Testament of William M.

Johnston 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 William

M. Johnston sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

William M. Johnston 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.

John J. Glover


District of Columbia }

Washington County, ss }

& city of Washington } I, James N. Fitzpatrick, duly ap:

pointed and commissioned by the Judge of

the Probate Court, of the County of Delaware and the State of

Ohio, to take testimony of John J. Glover subscribing witness

to the last Will and Testament of William M. Johnston de:

ceased, 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 John

J. Glover subscribing witness as aforesaid to appear before me,

at Washington D.C. on the 12th day of June. 1891, 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 hereunto set my hand, this

12th day of June A.D. 1891.

Jas. N. Fitzpatrick

Commissioner.
Delaware County Ohio Will Records Vol. 9 1890-1893 (273)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (273)

Description

[page 273]

[corresponds to page 244 of Delaware County Ohio Will Records Vol. 9 1890-93]

244

William M. Johnston's Will

Journal Entry

June 15" 1891

In the Matter of the Will of }

William M. Johnston, deceased } The Commission heretofore issued

herein to take the testimony of John

J. Glover, the other subscribing witness to the Will of said William

M. Johnston deceased, was this day returned duly executed, and the

same was filed herein. And it appearing to the Court from the dep:

osition of the former witness and from the deposition of the said John J.

Glover that the aforesaid instrument of writing is the last Will

and Testament of said William M. Johnston, 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 thereof be entered of record in this Court

Citation ordered and issued to Ann E. Johnston widow of said dece:

dent to elect as to said Will, is required by Law.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (274)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (274)

Description

[page 274]

[corresponds to page 245 of Delaware County Ohio Will Records Vol. 9 1890-93]

245

G.A. Carr's Will

Journal Entry

June 11th 1891.

In the Matter of the Will }

of G.A. Carr- deceased ~ } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

G.A. Carr, late of Scioto Township, in this County, deceased, was produc:

ed in open Court for Probate; On consideration whereof, it is ordered

that the said Will be filed in this Court and that due notice there:

of, and of the application to admit the same to probate and record, be

given to Joseph Carr, Jane Miller and Ann Liggett- 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 June A.D. 1891.

at 9 o'clock A.M.

N.F. Overturf

Probate Judge


Application for Probate of Will Filed June 11/91


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

G.A. Carr- Deceased }

To the Hon. N.F. Overturf- Judge of the Pro:

bate Court in and for said County:

Your petitioner respectfully represents that

G.A. Carr late a resident of the township of Scioto in said County,

died on or about the 19" day of May. A.D. 1891. leaving an instrument

in writing hereto attached. purporting to be his last Will and Testament.

That the said G.A. Carr 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

Joseph Carr Son Ostrander O

Jane Miller Daughter " "

Ann Liggett Daughter " "


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

L.A. Colhoun

The foregoing application was signed in my presence and sworn

to before me, this 11" day of June. A.D. 1891.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (275)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (275)

Description

[page 275]

[corresponds to page 246 of Delaware County Ohio Will Records Vol. 9 1890-93]

246

G.A. Carr's Will


Notice

The State of Ohio } In Probate Court

Delaware County.ss}

In the Matter of the last Will and Testament of

G.A. Carr-deceased.

To L. A. Colhoun:

You are hereby commanded to notify Jos:

eph Carr- Jane Miller and Ann Liggett that on the 11" day of June

A.D. 1891. an instrument of writing, purporting to be the last Will

and Testament of G.A. Carr late of Scioto Township, in said Coun:

ty- 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 Corut on the 23 day of June

A.D. 1891. at 9 o'clock A.M.

Witness my hand and the seal of said Probate Court.

at Delaware Ohio, this 11" day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge



Proof of Service. Filed June 23/91


The State of Ohio }

Delaware County.ss} L.A. Colhoun being duly sworn, says that

on the 11 & 12 days of June. A.D. 1891

he served the within notice by delivering a true copy thereof to the

within named Joseph Carr- Jane Miller and Ann Liggett

L.A. Colhoun

Subscribed in my presence and sworn to before me this 23d day of

June. A.D. 1891.

N.F. Overturf

Probate Judge



Probate of Will Filed June 23/91


The State of Ohio } In Probate Court

Delaware County.ss}

Personally appeared in open Court Geo. H.

Oller and Demas Lewis the subscribing witnesses to the last Will

and Testament of G.A. Carr 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 execution of said Will, depose and say: That the

paper before them bearing date the 1st day of October A.D. 1890. purport:

ing to be the last Will of said deceased G.A. Carr 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (276)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (276)

Description

[page 276]

[corresponds to page 247 of Delaware County Ohio Will Records Vol. 9 1890-93]


247

G.A. Carr's Will

presence, that they saw the said G.A. Carr deceased sign and

seal said Will; and heard him acknowledge the same to be his

last Will and Testament, and that the said G.A. Carr 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. Oller

Demas Lewis

Sworn to and subscribed by said witness, in open Court; this

23d day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge



Journal Entry

June 23d 1891

In the Matter of the Will }

of G.A. Carr deceased ~ } Be it remembered that heretofore

to wit: on the 11th day of June A.

D. 1891. an instrument of writing purporting to be the last Will

and Testament of G.A. Carr, 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 Joseph Carr- Jane Miller and

Ann Liggett 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. H. Oller and Demas Lewis 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 in 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 G.A. Carr, 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 wit:

nesses above named, as well as the proceedings had thereon, be

entered of record in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (277)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (277)

Description

[page 277]

[corresponds to page 248 of Delaware County Ohio Will Records Vol. 9 1890-93]


248

G.A. Carr's Will

Will

In the name of the Benevolent Father of All

I Gideon A. Carr of Scioto Township Delaware County

Ohio do make and publish this my last Will and Testament.


Item 1st

I desire that all my just debts be paid by my executor as soon

after my death as may be reasonable and convenient for him to do.

Item 2nd

I give and devise to my son Joseph Carr three promissory Notes

made to me by & signed L. A. Colhoun calling for Five hundred

Dollars each & due in three four and five years after my death

Item 3rd

I give and devise that the ballance and residue of my property of

whatsoever kind that I may have at my death be divided eaqual:

ly to my daughter Jane Miller my son Joseph Carr and my

two grand children Florance I. Farmer and L.A. Colhoun.

As and in thus that my daughter Ann Ligget has now & al:

ready received her full share of my estate.

Item 4

I do hereby nominate & appoint L.A. Calhoun Executor of this

my last will and testament hereby authorizing him to adjust

release & discharge in such manner as he may deem best all

my debts & claims.

Item 5.

I desire that no appraisement & no sale of my personal proper:

ty be made & that the probate court direct the mission of the

same

In testimony hereof I hereunto set my hand & seal this 1st

day of October in the year 1890.

G.A. Carr { }

Signed and acknowledged by said Gideon A. Carr as his

last Will & Testament in our presence & signed by us in his

presence.

Geo. H. Oller

Demas Lewis
Delaware County Ohio Will Records Vol. 9 1890-1893 (278)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (278)

Description

[page 278]

[corresponds to page 249 of Delaware County Ohio Will Records Vol. 9 1890-93]

249


Jeremiah W. Smith's Will

Journal Entry

August 3rd 1891

In the Matter of the Will of }

Jeremiah W. Smith - deceased } This day, an instrument of writing

purporting to be the last Will and

Testament of Jeremiah W. Smith, late of Marlborough Tourn=

ship in this County - deceased, was produced in open Court for Pro-

bate, in consideration whereof, it is ordered that the said Will be

filed in this Court, and that due notice there of, and of the applica=

tion to admit the same to probate and record, be given to Frank S.

Smith next of kin of the Testator, resident of the State of Ohio -

that said application will be for hearing before this Court in the

11th day of August A. D. 1891 at 9 o'clock A. M., (Eliza J. Smith

widow, having waived Notice.)

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Aug 3/91

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

Jeremiah W. Smith - deceased }

To the Hon. N. F. Overturf, Judge of

the Probate Court in and for said County.

Your petitioner respectfully represents

that Jeremiah W. Smith late a resident of the Township of

Marlborrow in said County died on or about the 25 day of July

A. D. 1891 bearing an instrument in writing, hereto attached, pur=

porting to be his last Will and Testament: That the said Jere=

miah W. Smith died leaving Eliza J. Smith - widow - and the following

named person his only next of kin resident of the State of Ohio.

Age of
Name Minors Degree of Kinship P.O. Address

Frank S. Smith 17 Son Norton 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 accord=

ing to law of the pending of said proceedings.

Eliza J. Smith

The foregoing application was signed in my presence and sworn to

before me, this 3rd day of August A. D. 1891.

N. F. Overturf

Probate Judge

I, the undersigned Eliza J. Smith, widow of the within named decedent,

hereby waive further notice, and consent to the probate of said Will

Dated this 3rd day of August A. D. 1891.

Eliza J. Smith
Delaware County Ohio Will Records Vol. 9 1890-1893 (279)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (279)

Description

[page 279]

[corresponds to page 250 of Delaware County Ohio Will Records Vol. 9 1890-93]

250

Jeremiah W. Smith's Will

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testiment of

Jeremiah W. Smith - deceased.

To Eliza J. Smith:

You are hereby commanded to notify Frank

S. Smith that on the 3rd day of Aug. A. D. 1891, an instrument of

writing, purporting to be the last Will and Testament of Jeremiah W.

Smith late of Marlborrow 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 11" day of August A. D. 1891 at 9

o'clock A. M.

Witness my hand and the seal of said Probate Court at Del:

aware, Ohio, this 3rd day of August A. D. 1891.

N. F. Overturf

Probate Judge

Proof of Service Filed Aug 3/91

State of Ohio }

Delaware County ss } Eliza J. Smith being duly sworn -

says that on the 3rd day of August

A. D. 1891. she served the within notice by delivering a true copy

there of the within named Frank S. Smith.

Eliza J. Smith

Subscribed in my presence and sworn to before me this 3rd day

of August A. D. 1891.

N. F. Overturf

Probate Judge

Probate of Will Filed Aug 11/91

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court Jacob

Baker and A. P. Wintermute two of the subscribing witnesses

to the last Will and Testament of Jeremiah W. Smith late of

Marlborrow 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 9" day

of January. A. D. 1891. purporting to be the last Will and tes=

tament of Jeremiah W. Smith now deceased, as the Will of

said deceased Jeremiah W. Smith, that they were present at the

execution of said Will, and at the request of the Testator, respectively
Delaware County Ohio Will Records Vol. 9 1890-1893 (280)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (280)

Description

[page 280]

[corresponds to page 251 of Delaware County Ohio Will Records Vol. 9 1890-93]

251

Jeremiah W. Smith's Will

subscribed their names to the same as witnesses, in his presence;

that they saw the said Jeremiah W. Smith deceased sign and

seal said Will and heard him acknowledge the same to be his last

Will and Testament, and that the said jeremiah W. 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.

Jacob Baker

A. P. Wintermute

Sworn to and subscribed by said witnesses, in open Court,

this 11th day of August A. D. 1891.

N. F. Overturf

Probate Judge

Journal Entry

August 11th 1891 }

In the Matter of the Will of }

Jeremiah W. Smith, deceased } Be it remembered, that heretofore,

To-wit: on the 3rd day of August

A. D. 1891, an instrument of writing, purporting to be the last

will and Testament of Jeremiah W. Smith, late of Marl=

borough 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 rec=

ord in this Court, has been given to Frank S. Smith only

next of kin of the Testator, resident of the State of Ohio, pursu=

ant to a former order of this Court, and Eliza J. Smith - widow -

having in writing, waived Notice - and consented to the probate of said

Will; therefore, in this day came Jacob Baker and A. P. Win=

termute, two 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 them respectively

subscribed, and filed with said Will, whereupon the Court finds

that she aforesaid instrument of writing is the last Will and Tes=

tament of said Jeremiah W. Smith, 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.

Citation ordered and issued to Eliza Jane Smith widow of said

decedent, to elect as to said Will, as required by Law. And there=

upon came the said Eliza Jane Smith and in writing acknowledg=

ed service of said Citation.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (281)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (281)

Description

[page 281]

[corresponds to page 252 of Delaware County Ohio Will Records Vol. 9 1890-93]

252

Jeremiah W. Smith's Will

Same as written } The farm herein named and bequeathed is in Ranage 19)

in original Will} Township Six (6) Section half one (1/2) lot four (4)


In the name of the Benevolent Father of All. I Jeremiah W.

Smith of the County of Delaware and State of Ohio do make

and publish this my last Will and Testament:

First: I give and devise to my beloved wife Eliza Jane Smith in

lieu of her dower that part of the farm on which we now reside

Situated on the east side of the County Road and extending to the

River containing the house and buildings and embracing about Sixty

Acres of ground together with what personal property I may have

at the time of my decease, to be hers only so long as my said wife re=

mains my widow. but in case of her remarage the said property

revert to and become the property of my son Frank S. Smith.

Second: I devise and bequeath to my only son Frank S. Smith

at his majority that part of the farm which is situated on

the west side of the said County Road and embracing about Seventy

Acres of Ground.

Third: I give and bequeath to my said wife and son jointly the prop=

erty I own in the town of Marysville Union County Ohio.

Situated on Main St. being 22 ft front and part of In Lot N. 27

with power to dispose of at any time they may deem advisable.

Fourth: I do hereby nominate and appoint my beloved wife Eliza

Jane Smith Guardian of my son Frank S. Smith until

the said Frank S. Smith arrives at the age of twenty one years.

Fifth: I do hereby nomiate and appoint my beloved wife Eliza J.

Smith and my son Frank S. Smith after his majority

Executors of this my last Will and Testament.

I desire that no bond be required no appraisement 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.

In testimony here of I have hereunto set my hand and seal this

9th day of January in the year 1891.

Attest Jeremiah W. Smith {Seal}

Jacob Baker

A.P. Wintermute

Chas. Brundige
Delaware County Ohio Will Records Vol. 9 1890-1893 (282)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (282)

Description

[page 282]

[corresponds to page 253 of Delaware County Ohio Will Records Vol. 9 1890-93]

253

Samantha Frost's Will

Journal Entry

August 17th 1891 }

In the Matter of the Will of }

Samantha Frost - deceased } This day, an instrument of writing, purport=

ing to be the last Will and Testament of

Samantha Frost, State of Brown Township, in this County, deceased, was

produced in open Court for Probate. On consideration whereof, it is or=

dered 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 Elias Frost - Bird E. Frost and Jessie Frost, widower, 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 20th day of Aug=

ust A. D. 1891 at 8 o'clock A.M. (S.H. Wells. A. E. Frost -

Ezekiel Frost - clement D. Frost and Mary McDonald the other next

of kin resident of the State of Ohio, having in writing waived Notice

and consented to the probate of said Will).

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Aug 17/91

The State of Ohio } In Probate Court

Delaware Courty, ss }

In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Samanatha Frost - decreaseD }

To the Hon. N. F. Overturf - Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Samanatha Frost late a resident of the Township of Brown in said

County died on or about the 11 day of August A. D. 1891 leaving an

instrument in writing, hereto attached, purporting to be her last Will and

Testament. That the said Samantha Frost died leaving Elias Frost

widower and the following named persons her only next of kin resident

of the State of Ohio.

Age of
Name Minors Degress of Kinship P.O. Address

S. H. Wells Son Delaware O

Mary A. McDonald Daughter Sherman Dale Pa

Albert Frost 27 Son Delaware

Ezekiel Frost 24 " Leondardsbury, O.

Bird E. Frost 20 " " "

Jessie Frost 16 Daughter " "

Clement Frost 21 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

S. H. Wells
Delaware County Ohio Will Records Vol. 9 1890-1893 (283)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (283)

Description

[page 283]

[corresponds to page 254 of Delaware County Ohio Will Records Vol. 9 1890-93]

254 Samantha Frost's Will

The forgoing application was signed in my presence and sworn to before

me, this 17" day of August- A.D. 1891.

N.F. Overturf

Probate Judge


We the undersigned next of kin of the within named decedent, hereby

waive further notice to the probate of said Will.

Dated this 17" day of August - A.D. 1891.

S.H. Wells

A.E. Frost

Ezekiel Frost

Clement D. Frost

Mary McDonald


Notice

The State of Ohio } In Probate Court

Delaware County.ss}

In the Matter of the last Will and Testament of

Samantha Frost, deceased.

To S.H. Wells:

You are hereby commanded to notify

Elias Frost- Bird E. Frost and Jessie Frost that on the 17" day of

August- A.D. 1891. an instrument of writing, purporting to be the last

Will and Testament of Samantha Frost 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 20" day

of August A.D. 1891. at 8 o'clock A.M.

Witness my hand and the seal of said Pro:

bate Court, at Delaware, Ohio, this 17" day of August. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed Aug. 20/91

The State of Ohio }

Delaware County ss } S.H. Wells being duly sworn, says that on

the 17" day of August A.D. 1891 he servered

the within notice by delivering a true copy thereof to the within named

Elias Frost- Bird E. Frost and Jessie Frost-

S.H. Wells-


Subscribed in my presence and sworn to before me this 20 day of

August. A.D. 1891.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (284)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (284)

Description

[page 284]

[corresponds to page 255 of Delaware County Ohio Will Records Vol. 9 1890-93]


Samantha Frost's Will 255


Probate of Will


The State of Ohio } In Probate Court

Delaware County,ss}

Personally appeared in open Court Frank A.

Stickney, M.D. and Almon Wheeler the subscribing witnesses to the last

Will and Testament of Samantha Frost 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 rela:

tion to the execution of said Will, depose and say: That the paper

before them bearing date the 20" day of July. A.D. 1891. purporting to

be the last Will and Testament of Samantha Frost now deceased, is

the Will of said deceased Samantha Frost - that they were present

at the 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 Samantha Frost deceased sign and

seal said Will, and heard her acknowledge the same to be her last

Will and Testament, and that the said Samantha Frost 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 A. Stickney M.D.

Alman Wheeler.

Sworn to and subscribed by said witnesses in open Court, this 20"

day of August - A.D. 1891.

N.F. Overturf

Probate Judge.


Journal Entry

August 20" 1891.

In the Matter of the Will of}

Samantha Frost- deceased. } Be it remembered, that heretofore,

to wit: on the 17th day of August-

A.D. 1891, an instrument of writing, purporting to be the last Will

and Testament of Samantha Frost, 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 Elias Frost- widower- and Bird E. Frost and

Jessie Frost (S.H. Wells- A.E. Frost- Ezekiel Frost- Clement

D. Frost and Mary McDonald having waived Note) next of kin

of the Testatrix, resident of the State of Ohio, pursuant to a form:

er order of this Court, therefore, on this day came Frank A.

Stickney- M.D. and Almon Wheeler 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 Samantha Frost- deceased. That
Delaware County Ohio Will Records Vol. 9 1890-1893 (285)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (285)

Description

[page 285]

[corresponds to page 256 of Delaware County Ohio Will Records Vol. 9 1890-93]

256
Samantha Frost's Will

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 Elias Frost, widower of said decedent, to

elect as to said Will, as required by Law.

N.F. Overturf

Probate Judge.


Will

In the name of the Great Benevolent Father I Mrs. Samantha

Frost of Brown Township Delaware County Ohio, Being of sound

mind and memory do make this my last will in manner and form

as follows:

First I give and bequeath to my son S.H. Wells 5 acres of land

owned by me and situated in Dover Township. Union County. Ohio

I also give to my daughter Mary A McDonald Five acres of land

off from same lot at same place

2nd I give to my sons Albert Frost- Ezekiel Frost- Clement D.

Frost and Bird E. Frost and my daughter Jessie Frost (10) Ten

acres of land in Union Co Ohio being the balance of (20) Twenty acres

of land owned by me in Union Co Ohio as aforesaid, said 10 acres last

mentioned to be equally divided among said children.

I hereby nominate and appoiont my son S H Wells Executor of

this my last Will and Testament.

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

20th day of July A.D. 1891.

Samantha Frost {Seal}

Signed and acknowledged by said Mrs. Samantha Frost as her last

Will and Testament in our presence and signed by us in her presence

Frank A. Stickney, M.D. {Seal}

Almon Wheeler {Seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (286)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (286)

Description

[page 286]

[corresponds to page 257 of Delaware County Ohio Will Records Vol. 9 1890-93]


Solomon Hardin's Will 257


Journal Entry

August 8th 1891.

In the Matter of the Will }

of Solomon Hardin- deceased~} This day an instrument of writing, pur:

porting to be the last Will and Testa:

ment of Solomon Hardin, late of Liberty Township, in this County de:

ceased, 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 A.E. Goodrich only next of kin of the Testa:

tor, resident of the State of Ohio, the said application will be for

hearing before this Court on the 26th day of August- A.D. 1891, at

1 o'clock P.M.,

N.F. Overturf

Probate Judge


Application for Probate of Will Filed Aug 8/91

The State of Ohio } In Probate Corut

Delaware County,ss}


In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Solomon Hardin, deceased. }


To the Hon. N.F. Overturf- Judge of the Probate Court in and for

said County:


Your petitioner respectfully represents that Solomon Hardin

late a resident of the Township of Liberty in said County- died on or

about the 22d day of February- A.D. 1891, leaving an instrument in

writing, hereto attached, purporting to be his last Will and Testa:

ment: That the said Solomon Hardin died leaving no widower and

the following named persons his only next of kin resident of the State

of Ohio

Name Degree of Kinship P.O. Address

A.E. Goodrich Nephew Worthington 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

A.J. Harter

The foregoing application was signed in my presence and sworn to

before me this 8" day of August- A.D. 1891.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (287)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (287)

Description

[page 287]

[corresponds to page 258 of Delaware County Ohio Will Records Vol. 9 1890-93]


258
Solomon Hardin's Will

Notice

The State of Ohio } In Probate Corut.

Delaware County,ss}

In the matter of the last Will and Testament of

Solomon Hardin, deceased.

To A.J. Harter:

You are hereby commanded to notify A.E. Good:

rich that on the 8" day of August- A.D. 1891. an instrument of writing

purporting to be the last Will and Testament of Solomon Hardin 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 26 day of August- A.D. 1891. at 1 o'clock PM.

Witness my hand and the seal of said Pro:

bate Court, at Delaware Ohio, this 8" day of August- A.D. 1891.

N.F. Overturf

Probate Judge.


Proof of Service Filed Aug. 20/91


The State of Ohio }

Delaware County,ss} A.J. Harter being duly sworn, says that on

the 9" day of August. A.D. 1891. he served the

within notice by delivering a true copy thereof to the within named A.

E. Goodrich

A.J. Harter

Subscribed in my presence and sworn to before me this 26" day of August

A.D. 1891.

N.F. Overturf

Probate Judge.



Probate of Will Filed Aug 26/91

The State of Ohio } In Probate Court

Delaware County,ss}

Personally appeared in open Court Dora J. Wi:

ley and Luther Boyd the subscribing witnesses to the last Will and Tes:

tament of Solomon Hardin 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

18" day of February. A.D. 1891. purporting to be the last Will and Testament

of Solomon Hardin now deceased, is the Will of said deceased Solomon Har:

din, 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 witness:

es, in his presence, that they saw the said Solomon Hardin deceased sign and

seal said Will, and heard him acknowledge the same to be his last Will and

Testament, and that the said Solomon Hardin 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. Dora J. Wiley

Luther Boyd.
Delaware County Ohio Will Records Vol. 9 1890-1893 (288)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (288)

Description

[page 288]

[corresponds to page 259 of Delaware County Ohio Will Records Vol. 9 1890-93]


259

Solomon Hardin's Will

Sworn to and subscribed by said witnesses, in open Court, this 26" day of

August. A.D. 1891.

N.F. Overturf

Probate Judge.


Journal Entry

August 26th 1891.

In the Matter of the Will }

Solomon Hardin- deceased. } Be it remembered, that heretofore, to wit: on

the 8th day of August- A.D. 1891. an instru:

ment of writing, purporting to be the last Will and Testament of Solomon

Hardin 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 A.E. Goodrich, only next of kin of said Testa:

tor, resident of the State of Ohio, pursuant to a former order of this

Court, therefore, on this day came, Dora J. Wiley and Luther Boyd

the subscribing witnesses to said Will, who being duly sworn, testi:

fied 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 aforesaid instru:

ment of writing is the last Will and Testament of said Solomon Hardin

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 witness:

es 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 of Solomon Hardin

Delaware Co. State of Ohio.ss. Feb. 18, 1891.


I Solomon Hardin being of sound mind and memory, do make this as

my last Will and Testament.

I hereby will and bequeath to A.E. Goodrich and Jessie Goodrice his wife,

all my household effects of whatsoever kind.

The amount left from the proceeds of my notes, after the payment of my

just debts, and funeral expenses, I hereby will and bequeath, the one-half

of said proceeds to Andrew J. Harter, and the remaining one half of said

proceeds to A.E. Goodrich. And I hereby nominate Andrew J. Har:

ter and A.E. Goodrich as Executors (without bond) of this my last will and

testament. Signed by my own hands.

Solomon Hardin.

Witness {Dora J. Wiley {Seal}

{Luther Boyd
Delaware County Ohio Will Records Vol. 9 1890-1893 (289)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (289)

Description

[page 289]

[corresponds to page 260 of Delaware County Ohio Will Records Vol. 9 1890-93]

260

Perthenia A. Elsbree's Will

Journal Entry

August 21st 1891.

In the Matter of the Will }

of Perthenia A Elsbree- decd}

This day an instrument of writing purporting

to be the last Will and Testament of Perthenia A. Elsbree, late of

Orange 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 Elmer Elsbree and Mary

Crawford - next of kin of the Testatrix, resident of the State of Ohio, that

said application will be for hearing before this Court on the 29th day of Aug:

ust. A.D. 1891 at 9 o'clock A.M.

N.F. Overturf

Probate Judge


Application for Probate of Will Filed Aug 21/91


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

Perthenia A. Elsbree- deceased.}

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Perthenia A. Elsbree late a resident of the Township of Orange

in said County, died on or about the 12" day of August- A.D. 1891. leaving

an instrument in writing, hereto attached, purporting to be her last Will

and Testament: That the said Perthenia A. Elsbree died leaving no

widower and the following named persons her only next of kin resident

of the State of Ohio:


Name Degree of Kinship P.O. Address

Elmer Elsbree Son Columbus O.

Mary Crawford Daughter 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.

G.F. Elsbree

Executor named.


The foregoing application was signed in my presence and sworn to

before me, this 21" day of August. A.D. 1891.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (290)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (290)

Description

[page 290]

[corresponds to page 261 of Delaware County Ohio Will Records Vol. 9 1890-93]

261
Perthenia A. Elsbree's Will

Notice

The State of Ohio } In Probate Court

Delaware County,ss}

In the matter of the last Will and Testament

of Perthenia A. Elsbree, deceased

To G.F. Elsbree,

You are hereby commanded to notify

Elmer Elsbree and Mary Crawford that on the 21" day of August

A.D. 1891. an instrument of writing, purporting to be the last Will

and Testament of Perthenia A. Elsbree late of Orange 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 29 day of August- A.D. 1891. at 9 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware, Ohio, this 21" day of August. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed Aug 29/91


The State of Ohio }

Delaware County,ss} G.F. Elsbree being duly sworn, says

that on the 21 & 22 days of August A.

D. 1891. he served the within notice by delivering a true copy there:

of to the within named Elmer Elsbree and Mary Crawford.

G.F. Elsbree

Subscribed in my presence and sworn to before me this 29" day

of August- A.D. 1891.

N.F. Overturf

Probate Judge



Probate of Will Filed Aug 29/91


The State of Ohio } In Probate Court

Delaware County,ss}

Personally appeared in open Court E.B.

Fields and Frank Kenyon, the subscrbing witnesses to the

last Will and Testament of Perthenia A. Elsbree late of Or:

ange 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 17" day of June A.D. 1891. purporting to be the last Will

and Testament of Perthenia A. Elsbree now deceased, is the Will

of said deceased Perthenia A. Elsbree, 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 Perthenia A. Elsbree deceased
Delaware County Ohio Will Records Vol. 9 1890-1893 (291)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (291)

Description

[page 291]

[corresponds to page 262 of Delaware County Ohio Will Records Vol. 9 1890-93]

262
Perthenia A. Elsbree's Estate

sign and seal said Will, and heard her acknowledge the same to be her last

Will and Testament, and that the said Perthenia A. Elsbree at the

time of making, signing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint.

E.B. Fields

Frank Kenyon

Sworn to and subscribed by said witnesses, in open Court, this 29" day of

August- A.D. 1891.

N.F. Overturf

Probate Judge


Journal Entry

August 29th 1891.

In the Matter of the Will }

of Perthenia A. Elsbree- deceased.} Be it remembered, that heretofore, to wit

on the 21" day of August- A.D. 1891. an

instrument of writing, purporting to be the last Will and Testament

of Perthenia A. Elsbree, 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 admit the same to probate

and record in this Court, has been given to Elmer Elsbree and Mary

Crawford 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

E.B. Fields and Frank Kenyon the subscibing 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 Perthenia A. Elsbree, 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 above named, as well as the

proceedings had therein, be entered of record in this Court.

N.F. Overturf

Probate Judge


Last Will and Testament

In the Name of the Benevolent Father of All, Amen: I,

Perthenia A. Elsbree, of the Township of Orange County of Delaware

and State of Ohio, being about 63 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 expen:

ses shall be paid out of my Estate, as soon after my decease as

shall be found convenient.
Delaware County Ohio Will Records Vol. 9 1890-1893 (292)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (292)

Description

[page 292]

[corresponds to page 263 of Delaware County Ohio Will Records Vol. 9 1890-93]

263

Perthenia A. Elsbree's Estate

Second: ~ I give, devise and bequeath to my son, Elmer Elsbree

the Home place, the one where Gustave Elsbree lived in his

lifetime, containing about (23 1/3) Twenty Three & one third Acres of

land and buildings thereon.

3d- My Daughter: Mary Crawrford, having received in money

for all of her interest in her Fathers Estate at the time of its Set:

tlement, I make no further Devise to her but will make a Device

to her children or heirs as named below.

4. The (37 1/2) Thirty Seven & one half Acres of land my Father gave

to me I want sold and the proceeds of sale after paying all of my

just debts of whatever kind to be placed in the hands of a Trustee or

Trustees, for care and investment on interest for the benefit of the Heirs

of my Daughter Mary Crofford, and my son Elmer Elsbree's Heirs

in equal portions at the time they become (21) Twenty one years old

if one or more of these Heirs die before receiving this devise, then

the other heirs are to have the share that would have been theirs

if they had lived.

5. It is my wish that G.F. Elsbree shall act as my Executor

and Trustee for these minor children until they become of the proper

age to act for themselves.

In Testimony whereof, I have set my hand to this my

Last Will and Testament, at my Home, this 17th day of June. in

the year of our Lord, One Thousand Eight Hundred and Ninety

One.

Perthenia A. Elsbree {Seal}

The foregoing Instrument was signed by the said Perthenia A.

Elsbree in our presence by her published and declared as and

for her Last Will and Testament, and at her request, and in her

presence, and in the presence of each other; we hereunto subscribe

our Names as Attesting Witnesses at the home near Lewish Cen:

ter this 17th day of June- A.D. 1891.

E.B. Fields, resides at Lewis Center

Frank Kenyon resident at or near Lewis Center.
Delaware County Ohio Will Records Vol. 9 1890-1893 (293)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (293)

Description

[page 293]

[corresponds to page 264 of Delaware County Ohio Will Records Vol. 9 1890-93]

264

Joseph E. Hughs Will

4938 Journal Entry

September 1st 1891

In the Matter of the Will of }

Joseph E. Hughs - deceased } This day an instrument of writing, purport:

ing to be the last Will and Testament of

Joseph E. Hughs, late of Concord Township, in this County, deceased,

was produced in open Court for Probate; on consideration whereof, it is or:

dered that the said Will be filed in this Court, and that due notice there=

of, and of the application to admit the same to probate and record, be given to

D. E. Hughs - Hattie Bird - Amy Kuhns - Emma M. Hughs -

Bessie Smith and Leo Smith next of kin of the Testator, resident of

the State of Ohio, that said application will be for hearing before this

Court on the 5th day of September A. D. 1891 at 10 o'clock P.M.,

Harriett A. Hughs, widow, and G. R. Hughs one of the next of kin,

having in writing, waived Notice and consented to the probate of said Will

N.F. Overturf

Probate Judge

Application for Probate of Will Filed Sept 1/91

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

Joseph E. Hughs deceased }

To the Hon. N. F. Overturf, Judge of the Pro:

bate Court in and for said County:

Your petitioner respectfully represents that

Joseph E. Hughs late a resident of the Township fo Concord in said

County, died on or about the 10 day of June. A.D. 1890 leaving an in-

strument in writing, hereto attached, purporting to be his last Will and

Testament. That the said Joseph E. Hughs died leaving Harriett

A. Hughs, widow, and the following named persons his only next of kin

resident of the State of Ohio:

Name Age of Degree of Kinship P.O. Address

G. R. Hughs Son Delaware O

Emma M. Hughs 9 Grand daughter " "

D. E. Hughs Son " "

Bessie Smith 11 Grand daughter " "

Les Smith 6 Grand son " "

Hattie Bird Daughter " "

Amy Kuhns White Sulphur O

Your petitioner pays 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

Harriet A. Hughs
Delaware County Ohio Will Records Vol. 9 1890-1893 (294)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (294)

Description

[page 294]

[corresponds to page 265 of Delaware County Ohio Will Records Vol. 9 1890-93]

265

Joseph E. Hughs Will

The foregoing application was signed in my presence and sworn to before

me, this 1" day of Sept. A. D. 1891.

N. F. Overturf

Probate Judge

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 Sept. A.D. 1891.

Harriett A. Hughs

G. R. Hughs

Notice

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of the last Will and Testament

of Joseph E. Hughs, deceased.

To G. R. Hughs:

You are hereby commanded to notify

Emma M. Hughs D. E. Hughes - Bessie Smith - Leo. Smith -

Hattie Bird and Amy Kuhns, that on the 1st day of Sept.

A.D. 1891 and instrument of writing, purporting to be the last Will

and Testament of Joseph E. Hughs late of Concord 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

5th day of Sept A. D. 1891 at 10 o'clock P.M.

Witness my hand and the seal of said Probate Court,

at Delaware, Ohio, this 1 day of September A. D. 1891

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed Sept 5/91

The State of Ohio }

Delaware County, ss } G. R. Hughs being duly sworn, says that

on the 1 day of Sept. A. D. 1891. he served

the within notice by delivering a true copy thereof to the within named

Emma M. Hughs - D. E. Hughs - Bessie Smith - Leo Smith -

and Hattie Bird and on Sept. 3" 1891. he served a copy of said

Notice on Amy Kuhns

G. R. Hughs

Subscribed in my presence and sworn to before me this 5" day of

Sept. A. D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (295)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (295)

Description

[page 295]

[corresponds to page 266 of Delaware County Ohio Will Records Vol. 9 1890-93]

266

Joseph E. Hughs Estate

Probate of Will Filed Sept 5/91

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court D. L. Kelley and

Lawson Jones the subscribing witnesses to the last Will and Testament

of Joseph E. Hughs late of Concord Township 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 December, A.D. 1888, purporting to be the last Will and Testament

of Joseph E. Hughs non declared, is the Will of said deceased Joseph

E. Hughs, 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 Joseph E. Hughs de=

ceased sign and seal said Will, and heard him acknowlege the same to be

his last Will and Testament and that the said Joseph E. Hughs at

the time of making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

D. L. Kelly

Lawson Jones

Sworn to and subscribed by said witnesses, in open Court this 2" day

of Sept. A.D. 1891

{Seal} N. F. Overturf

Probate Judge

Journal Entry

September 5, 1891 }

In the Matter of the Will }

of Joseph E. Hughs - deceased } Be it remembered, that heretofore, to-wit:

on the 1st day of September - A. D. 1891.

an instrument of writing, purporting to be the last Will and Testa=

ment of Joseph E. Hughs, 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 satisfication 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 D. E. Hughs -

Hattie Bird - Amy Kuhns - Emma M. Hughs - Bessie Smith

and Leo. Smith Harriett A. Hughs - widow, and G.R. Hughs one

of the next of kin having waived Notice) next of kin of the Testator,

resident of the State of Ohio, pursuant to a former usher of this Court

therefore, on this day came D. S. Kelly and Lawson Jones the

subscribing witnesses to said Will, who being duly sworn, testified

to the due execution and attestation of said will, who being duly sworn, testified

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 Joseph E.

Hughs deceased. That the same was duly executed and attested,

and that the said Testator, at the time of making, signing and
Delaware County Ohio Will Records Vol. 9 1890-1893 (296)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (296)

Description

[page 296]

[corresponds to page 267 of Delaware County Ohio Will Records Vol. 9 1890-93]

267

Joseph E. Hughs Estate

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 therein, be entered of record in this Court.

Citation ordered and issued to Harriet A. Hughs, widow of said dec=

dent to elect as to said Will, as required by law, and thereupon said

widow in writing, acknowledged service of said Citation

N. F. Overturf

Probate Judge

Will

In the name of God Amen. I Joseph E. Hughs, of the County

of Delaware, and State of Ohio, being of sound and disposing mind,

do make and publish this my last Will and Testament.

I desire that all my just debts and funeral expenses be paid.

I give and devise to my beloved wife, Harriet A. Hughs - for her use

and benefit, during her natural life, or as long as she remains my widow,

the entire use and control, of all my property, both personal and real,

directing however that no sale of real estate be made.

At the death or marriage of my said wife, I direct that my

property be distributed to my legal heirs as follows: one eighth, to

my son G. R. Hughs, one eighth to my son Domance E. Hughs,

one eighth to my son William S. Hughs, one eighth to my daugh=

ter Amanda A. Freese, one eighth to my daughter Amy E. Kuhns,

one eighth to my daughter Harriet J. Bird, one eighth to my son

James daughter, Emma M. Hughs, one eighth to be equally

divided between my two grand children Leo Martin Smith, and

Bessie May Smith.

And I do hereby constitute and appoint my believed wife, Harriet A.

Hughs my sole exectrix, and hereby empower her to collect all

claims due to me, and to pay all my debts. And it is further my

will, that no bond be required of her, and that no inventory or sale of

my personal property be made - and no settlement of my estate be

required by the Court, and I hereby desire the Court to omit the same

as above desired, the same being my will and desire. In the case

of the death, or marriage of my said wife, then said real estate shall

go to my son G. R. Hughs, as Trustee for the sale of said real es=

tate, Said trustee to sell the same at private sale and without apply=

ing to Court for authority to sell the same, said trustee to exercise

his best judgment in making said sale as to the terms of said sale,

said sale is not to be forced by any of the heirs, if they do they are to

forfeit all of there interest in said Estate.

And I further appoint said G. R. Hughs trustee of Leo Martin

Smith, Bessie May Smith, and Emma M. Hughs, said trustee

to manage said words interests to the best of his judgment, for the

benefit of said words, and to pay over to them their several portions

upon their arriving at age respectively, and it is further my will

that there be no bond required of said Trustee in either case by the
Delaware County Ohio Will Records Vol. 9 1890-1893 (297)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (297)

Description

[page 297]

[corresponds to page 268 of Delaware County Ohio Will Records Vol. 9 1890-93]

268

Joseph E. Hughs Estate

Court, either in selling and distributing said property, was trustee of

said words. In case of the death of said G. R. Hughs the Dorrance

E. Hughs is to act as said trustee, both in the sale of said real es=

tate, and in the care of the property of the said children above name, un=

der the same terms as above set forth, and that no bond be required

of said Dorrance E. Hughs in the sale and distribution of said real

estate, or as trustee of said words, said trustee is hereby empowered to ex=

ecute a deed or deeds to the puchaser or purchasers of said real estate

in fee simple, and to execute all things necessary to the proper discharge

of his duties as said trustee, and to receive all notes and mortgages

that may be executed to secure the deferd payments of the purchase

money of said real estate, and in fact to do any and all things that may

be necessary to properly carry out the terms of this trust. My said wife

Harriet A. Hughs is not only to have full control of all my said

property but she is to have the privledge of giving of said personal property

to any of said heirs, at any time she sees fit such portions of the same as

in her judgement they may need, and none of said heirs shall interfere or

hinder her in regard to anything she may see fit to do in regard to the

same, and she is not to be held accountable for the same. In case there

is any personal property left at the death of my said wife, then the trus=

tee is to distribute the same, in the same manner, and to the same par=

ties, as is above mentioned with regard to the real estate. All former wills

are hereby revoked.

In case neither of my said sons should not live to execute this

let the Court appoint an Executor & let him be required to give bond.

In testimony whereof I have hereunto set my hand and seal, this

the 26th day of December A. D. 1888.

Joseph E. Hughs {Seal}

Signed and acknowledged by said Joseph E. Hughs, in our presence,

to be his last Will and Testament, Dec. 26th 1888.

D. S. Kelly

Lawson Jones
Delaware County Ohio Will Records Vol. 9 1890-1893 (298)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (298)

Description

[page 298]

[corresponds to page 269 of Delaware County Ohio Will Records Vol. 9 1890-93]

269

Mary Moore Will

Journal Entry

September 2nd 1891

In the Matter of the Will }

of Mary Moore - deceased } This day an instrument of writing, purport=

ing to be the last Will and Testament

of Mary Moore, late of Brown Township, 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 James Moore - Amanda Jarvis - Edward McMaster

Nellie McMaster - Gertrude Bell - Clarence Bell - and George

Perry - next of kin of the Testatrix, resident of the State of Ohio, that

said application will be for hearing before this Court on the 7th day

of September A.D. 1891 at 2 o'clock P. M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Sept 2/91

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 Moore - deceased, }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County

Your petitioner respectfully represents that

Mary Moore late a resident of the Township of Brown in said County.

died on or about the 31" day of August A. D. 1891 leaving an instru=

ment in writing, hereto attached, purporting to be her last Will and

Testament: That the said Mary Moore died leaving no widower and

the following named persons her only next of kin resident of the State of

Ohio:

Name Degree of Kinship P.O. Address

James Moore Brother Kilbourne, O.

Amanda Jarvis Niece " "

Edward McMaster Nephew Delaware "

Nellie McMaster Niece " "

Gertrude Bell " Ashley, O

Clarence Bell Nephew " "

George Perry " Kilbourne "



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:

Geo Perry

The foregoing application was signed in my presence and sworn to

before me, this 2" day of September A. D. 1891

N. F. Overturf Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (299)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (299)

Description

[page 299]

[corresponds to page 270 of Delaware County Ohio Will Records Vol. 9 1890-93]

270

Mary Moore's Will

Notice

The State of Ohio }

Delaware County ss }

In the Matter of the last Will and testament of

Mary Moore deceased.

To A. L. McMaster and George Perry:

You are hereby commanded to notify

James Moore - Amanda Jarvis - Edward McMaster - Nellie Mc-

Master, Gertrude Bell - Clarence Bell and George Perry that on

the 2" day of Sept. A.D. 1891, an instrument of writing, purporting to be

the last Will and Testament of Mary Moore 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 7" day of

Sept. A.D. 1891, at 2 o'clock P.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio, this 2" day of Sept. A.D. 1891.

{Seal} N. F. Overturf

Probate Judge

Proof of Service Filed Sept. 7/91

The State of Ohio }

Delaware County ss } A. L. McMaster being duly sworn, says that

on the 2" day of Sept. A.D. 1891, he served

the within notice by delivering a true copy thereof to the within nam-

ed Amanda Jarvis - Edward McMaster - Nellie McMaster -

Gertrude Bell - Clarence Bell - James Moore and George Perry

Geo. Perry

A. L. McMaster

Subscribed in my presence and sworn to before me this 7" day of

Sept. A.D. 1891.

{Seal} N. F. Overturf

Probate Judge

Testimony of Witnesses Filed Sept. 7/91

In Probate Court } In the Matter of Proving the Last Will and Testament

Delaware County, Ohio } of Mary Moore - deceased.

The State of Ohio }

Delaware County ss } Waymon Perfect, 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 31st day of July A.D. 1891, and offered for probate

as the last Will and Testament of Mary Moore, late of Brown Town-

ship in said County of Delaware, deceased, and saw the said Mary

Moore now deceased sign by making her mark and seal said in-

strument, and heard her acknowledge the same to be her last Will and
Delaware County Ohio Will Records Vol. 9 1890-1893 (300)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (300)

Description

[page 300]

[corresponds to page 271 of Delaware County Ohio Will Records Vol. 9 1890-93]

271

Mary Moore's Will

Testament 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.

Waymon Perfect

Sworn to and subscribed by said witness in open Court, this 7" day

of September, A.D. 1891

N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County ss } F. A. Stickney, being duly sworn and examined

as a witness in the above entitled matter, says:

I was present at the execution of the insrument now shown to me,

bearing date the 31st day of July, A.D. 1891, and offered for probate as

the last Will and Testament of Mary Moore, late of Brown Town-

ship, in said County of Delaware, deceased, and saw the said Mary

Moore now deceased, sign by making her mark 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, sub-

scribed my name to the same as a wtness. 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.

F. A. Stickney

Sworn to and subscribed by said witness in open Court, this 7" day

of September, A.D. 1891.

N. F. Overturf

Probate Judge

Journal Entry

September 7th 1891

In the Matter of the Will }

of Mary Moore - deceased } Be it remembered that heretofore to wit:

on the 2'd day of September A.D. 1891

an instrument of writing, purporting to be the last Will and Testament

of Mary 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 Pro-

bate and record in this Court has been given to James Moore -

Amanda Jarvis - Edward McMaster - Nellie McMaster - Gertrude

Bell - Charles Bell and George Perry, 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 Waymon Perfect and F. A. Stickney

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 Mary Moore,
Delaware County Ohio Will Records Vol. 9 1890-1893 (301)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (301)

Description

[page 301]

[corresponds to page 272 of Delaware County Ohio Will Records Vol. 9 1890-93]

272

Mary Moore's Will

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

Will

In the name of the Benevolent Father of All: I Mary Moore do

make and publish this my last will and testament:

Item First: I give and devise to Gertrude Bell one table, six chairs, (splint bot-

toms) and 1 sett blue Dishes; and to Nellie McMaster one bureau,

and one carpet on the floor in the west bed room of the house in which I

now live, and one sett of white dishes; and the remaining household fur-

niture, carpets, bedsteads, bedding, pictures, stove, bureau, with glass knobs,

& now in said house, I give and devise to George Perry.

The residue of my property, consisting of notes & after my just debts

are paid and funeral expenses also, I desire to have divided equally between

Edward McMaster, Nellie McMaster - Gertrude Bell - Clarence

Bell and George Perry.

I do hereby nominate and appoint F. A. Stickney executor of this my

last will and testament, hereby authorizing and empowering him to com-

promise and adjust, release and discharge in such manner as he may

deem proper, the debts and claims due me.

I hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and seal this

thirty first day of July A.D. 1891.

Witness her

W. Perfect Mary X Moore {seal}

F. A. Stickney mark

Signed and acknowledged by said Mary Moore as her last will

and testament in our presence and signed by us in her presence.

Waymon Perfect

F. A. Stickney
Delaware County Ohio Will Records Vol. 9 1890-1893 (302)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (302)

Description

[page 302]

[corresponds to page 273 of Delaware County Ohio Will Records Vol. 9 1890-93]

273

J. William Baldwin's Will

Journal Entry

September 18" 1891

In the Matter of the Will of }

J. William Baldwin - deceased } An authenticated copy of the last Will

and Testament of J. William Baldwin

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 case.

N. F. Overturf

Probate Judge

"

J. William Baldwin's Will

Probate Court - Franklin County Ohio

In the matter of the Will of } Friday, October 4th 1889.

J. William Baldwin - deceased }

This day an instrument of writing, pur-

porting to be the last Will and Testament of J. William Baldwin late

of Montgomery 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 Pro-

bate and Record be given to the widow and next of kin of the Testator res-

ident of the State of Ohio - And it appearing to the Court that Mar-

garet J. Baldwin widow of said deceased, and Clara B. McComb daugh-

ter of said deceased have in writing waived all notice and consented

that the said instrument of writing be admitted to Probate as the last

Will and Testament of said J. William Baldwin, deceased, it is

ordered that the said application be heard on the 7th day of October

A.D. 1889 at 9 o'clock A.M.

Charles G. Saffin

Journal No. 32 Page 560 Probate Judge


And afterwards to wit: on the seventh day of October A.D. 1889, the

findings and orders of this Court relative to the last Will and Testament

of J. William Baldwin deceased were entered on the Journal in words

and figures following, to wit:

In the Matter of the Will of } Monday October 7th A.D. 1889

J. William Baldwin deceased }

Be it remembered That heretofore on

the fourth day of October, A.D. 1889, an instrument of writing pur-

porting to be the Last Will and Testament of J. William Bald-

win, late of Montgomery 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 the widow and next of kin of the testator
Delaware County Ohio Will Records Vol. 9 1890-1893 (303)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (303)

Description

[page 303]

[corresponds to page 274 of Delaware County Ohio Will Records Vol. 9 1890-93]

274

J. William Baldwin's Will

pursuant to a former order of this Court: thereupon on this day came

W. H. English the surviving subscribing witness to said Will, who being

duly qualified, testified to the due execution and attestation of said Will

and it appearing to the Court that Lorenzo English the other subscrib-

ing witness to said Will is now deceased, thereupon Herbert E. Bradley

and W. H. English on this same day appeared in open Court and being

duly qualified testified that they were each and severally well acquainted

with the hand writing of Lorenzo English, deceased, are of the subscribing

witness to said Will that they have often seen him write and that

they know that the signature to said Will purporting to be the signa-

ture of said Lorenzo English, now deceased, in his true and genuine sig-

nature all of 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 J. William Baldwin, deceased: that the same was duly exe-

cuted 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 rec-

ord in this Court.

Charles G. Saffin

Journal No. 32 - Page 568 Probate Judge


In the Name of the Benevolent Father of All. Amen: I, J.

William Baldwin of the City of Columbus Ohio, being of sound mind

and memory, and in good health of body, in view of the uncertainty of life

do make and publish this my Last Will and Testament hereby revok-

ing all and every other Last Will and Testament by me heretofore

made and declaring the same null and void.

I. First - My will is that all my just debts and funeral expenses shall be paid

as soon after my decease as shall be found practicable by my executor

hereinafter named out of my property of which I may die seized or pos-

sessed.

II. Item - I give and bequeath unto my dear wife Margaret J. Baldwin in lieu

of her dower in my estate all my household furniture of every sort and

description, books, pictures, plate, horses, carriages, harness, tools, uten-

sils, goods and chattels in and about my dwelling house and stable,

where I now reside, and also in and about my law office which I

may occupy at the time of my decease: to have and to hold unto her

my said wife, her executors, administrators and assigns forever.

III. Item - I give and bequeath unto Herbert E. Bradley should he be employed

as my clerk at the time of my decease Five Hundred Dollars to

be paid to him within one year after my decease.

IV. Item - I give devise and bequeath unto my daughter Clara B. McComb

her heirs, executors, administrators and assigns forever the following

lands and tenements situated in Delaware County Ohio, Viz.

Lots numbers 166 and 167 in Bomford and Sweeter's addition to
Delaware County Ohio Will Records Vol. 9 1890-1893 (304)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (304)

Description

[page 304]

[corresponds to page 275 of Delaware County Ohio Will Records Vol. 9 1890-93]

275

J. William Baldwin's Will


Delaware also lots numbers one (1) two (2) three(3) four (4) seven (7)

Eight (8) nine (9) Ten (10) and Seventeen (17) of a subdivision of lots

Numbers Sixty-five (65) to Seventy-one (71) and Ninety-three (93) to

Ninety-eight (98) inclusive in Bomford and Sweeter's Addition to

the town now City of Delaware as laid out and designated on the plot

of said County (recorded Vol.7- Page 207- survey and records of said

County), for J. William Baldwin and acknowledged by him May 2.

A.D. 1882, and recorded in Plot Records of said County Book- 2,

page 203. Also the following promissory notes and mortgage securing

the same viz. Two Promissory notes each for $350, dated June 21, 1882

made by J.F. Snodgrass playable to myself or order one and two years

respectively after date. Three notes made by Clara L. Hill dated

Jany. 1. 1884. each for Two Hundred Dollars payable to myself or order

one two and three years after date respectively. Two notes made by

Robert G. Lybrand dated July 14. 1884. each for $333.33 payable to

myself or order one and two years respectively after date. Three notes

made by Moses C. Reeves dated September 22d 1885 each for $500

payable in one two and three years respectively after date: Two notes

made by Annie E. Sears dated July 12, 1884. each for $333.33 payable

to my order in one and two years respectively after date: One Note of

Beverly W. Brown for $350. dated October 7, 1884 payable to my

order two years after date: also a $500 Bond U.S. Three percent original

number 279.


V Item

I give devise and bequeath unto my beloved wife Margaret J. Baldwin

and my beloved daughter Clara B. McComb all the rest and residue

of my estate real personal and mixed, wheresoever situate lying and being

remaining after the payment of my just debts and the specific devises

and legacies hereinbefore made and given to be equally divided between

the said Margaret J. and Clara B. as tenants in common, their

heirs executors administrators and assigns forever.

IV Item.

I do hereby nominate constitute and appoint my son in law William

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

direct that he shall not be required to give any bond or security for the

discharge of any duties or trusts imposed on him as such executor.

I do hereby clothe my said executor with full power to settle adjust

and close up all the business of my estate, and for that purpose to sell

all or any portion of my estate, real personal and mixed wheresoever

the same may be situate lying or being, and to make, execute, and

deliver, all such writings deeds and instruments under seal or otherwise

as may be necessary for such sale and conveyance of the same, or other

purposes: to execute compromise, collect, release or discharge on such

terms and in such manner as he may deem best for the interest

of my estate, all debts and claims due to or from me; to complete

fulfill all contracts made by me relative to real estate or otherwise; and

wherever I am bound in law or equity to execute or deliver deeds, or other

instruments, under seal, or otherwise. I also authorize and direct my

said executor to execute and deliver the same to the parties entitled
Delaware County Ohio Will Records Vol. 9 1890-1893 (305)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (305)

Description

[page 305]

[corresponds to page 276 of Delaware County Ohio Will Records Vol. 9 1890-93]

276

J. William Baldwin's Will

thereto: And I also confer upon my said executor all such other further

and additional power and authority as may be required to and perform my

act, although not herein expressly named necessary fully to carry out

and execute all the provisions of this my will. I desire that there shall

not be ordered or made any such sale of my personal property as is re:

quired by law in case of estate of intestates.

In witness whereof I have hereunto set my hand and seal this

twenty third day of January. A.D. 1886.

J. William Baldwin {Seal}


Signed sealed acknowledged and declared by the aforesaid J. William Bald:

win as and for his last Will and Testament, in presence of us the under:

signed, who at his request and in his presence and in the presence of each

other have subscribed our names as witnesses thereto this the 23d day of

January A.D. 1886.

Lorenzo English

W.H. English


Testimony


The State of Ohio } Probate Court

Franklin County.ss}

The following named surviving subscribing witness

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 reduced to writing and by

him subscribed and is in words and figures following to wit:

I, W.H. English being duly sworn in open Court, this 7" day of October

A.D. 1889. depose and say, that we were present at the execution of The

Last Will and Testament of J. William Baldwin, deceased, hereunto

annexed: That I saw J. William Baldwin, said testator J. William

Baldwin subscribe said Will, and heard him publish and declare the same

to be his last Will and Testament, and that the said J. William Bald:

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

memory, and not under any restraint; and that I signed the same as a

witness at his request, and in his presence

W. H. English

Sworn to and subscribed in my presence and in open Court, the day and

year above written.

Charles G. Saffin

Probate Judge.

In the Matter of the last Will Probate Court

of J. William Baldwin. deceased.


The following named attesting witnesses as to

the genuineness of the signature of the deceased witness to said will

after being duly sworn to speak the truth, the whole truth and nothing
Delaware County Ohio Will Records Vol. 9 1890-1893 (306)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (306)

Description

[page 306]

[corresponds to page 277 of Delaware County Ohio Will Records Vol. 9 1890-93]


277

J. William Baldwin's Will

but the truth, in relation to said Will, testified thereto in open court

which testimony was reduced to writing, and by them respectively subscribed,

and is in words and figures following, to-wit:

We, Herbert E. Bradley and W. H. English being duly sworn in

open Court this 8th day of October. A.D. 1889. depose and say that

we are well acquainted with the hand writing of Lorenzo English who

is now deceased, having often seen him write, that we have examined

the signature to the instrument hereto attached purporting to be the last

Will and Testament of J. William Baldwin deceased, and know the

same to be the genuine signature of said Lorenzo English now deceas:

ed.

Herbert E. Bradley

W.H. English

Sworn to and subscribed in my presence and in open Court, the day

and year above written.

Charles G. Saffin

Probate Judge


The State of Ohio } Probate Court

Franklin County.ss}

I, Lorenzo D. Hagerty, Judge of the Probate

Court, within and for the County of Franklin and State of Ohio,

do hereby certify that the foregoing is a full and correct copy of the

Last Will and Testament of J. William Baldwin, deceased, to:

gether with the orders and findings of the Court and the Testimony

produced on the Probate thereof. as the same appears of record and

on file in said Court.

In Testimony Whereof, I have hereunto set my

hand and the seal of said Court, at Columbus, this 15th day of Sep:

tember. A.D. 1891.

Lorenzo D. Hagerty

{Seal} Judge of the Probate Court,

Franklin County, Ohio
Delaware County Ohio Will Records Vol. 9 1890-1893 (307)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (307)

Description

[page 307]

[corresponds to page 278 of Delaware County Ohio Will Records Vol. 9 1890-93]


278
Hannah Shelley's Estate

Journal Entry

September 17th 1891

In the Matter of the Will }

of Hannah Shelley-deceased} This day, an instrument of writing pur:

porting to be the last Will and Testament

of Hannah Shelley, late of Delaware Township, in this County-deceas:

ed, 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 no:

tice thereof, and of the application to admit the same to probate and record,

be given to Etta Reeser, one of the next of kin of said Testatrix, resident

of the State of Ohio, that said application will be for hearing before this

Court on the 22d day of September. A.D. 1891 at 3 o'clock P.M.

(Enos Shelly- widower, and Mary E. Vought the other next of kin of

said Testatrix, resident of the State of Ohio, having in writing waived

Notice and consented to the probate of said Will)

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed Sept.17/91


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

Hannah Shelley deceased, }

To the Hobnl. N.F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Hannah Shelley late a resident of the Township of Delaware in said

County, died on or about the 11" day of September. A.D. 1891 leaving an

instrument in writing, hereto attached, purporting to be her last Will and

Testament: That the said Hanah Shelley died leaving Enos Shel:

ley widower and the following named persons her only next of kin resi:

dent of the State of Ohio:


Name Degree of Kinship P.O. address

Mary Ellen Vought Daughtger Columbus O.

Etta Reeser Grand daughter. Prospect.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

Mrs. Mary E. Vought

The foregoing application was signed in my presence and sworn

to before me, this 17" day of September. A.D. 1891.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (308)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (308)

Description

[page 308]

[corresponds to page 279 of Delaware County Ohio Will Records Vol. 9 1890-93]


279
Hannah Shelley's Estate

We, the undersigned widower and 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 September. A.D. 1891.

Enos Shelly

Mrs. Mary E. Vought

Etta Reeser.


Notice

The State of Ohio } In Probate Court

Delaware County.ss}

In the Matter of the last Will and Testa:

ment of Hannah Shelley, deceased.

To Mary E. Vought:

You are hereby commanded to notify

Etta Reeser that on the 17" day of September. A.D. 1891. an

instrument of writing, purporting to be the last Will and Testa:

ment of Hannah Shelley late of Delaware Township, in said Coun:

ty- 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 22 day of Sep:

tember. A.D. 1891. at 3 o'clock P.M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 17" day of September. A.D. 1891

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed Sep. 17/91

The State of Ohio }

Delaware County.ss} Mary E. Vought being duly sworn. says that

the within notice by delivering a true copy thereof to the within named

Etta Reeser

Mrs. Mary E. Vought

Subscribed in my presence and sworn to before me this 17" day

of Sept. A.D. 1891.

N.F. Overturf

Probate Judge.


Testimony of witnesses Filed Sep. 22/91


In Probate Court } In the Matter of Proving the last Will

Delaware County. Ohio.} And Testament of: Hannah Shelley- deceased


The State of Ohio }

Delaware County.ss} B. Lugenbeel, 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 12" day of May. A.D. 1886. and offered for probate
Delaware County Ohio Will Records Vol. 9 1890-1893 (309)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (309)

Description

[page 309]

[corresponds to page 280 of Delaware County Ohio Will Records Vol. 9 1890-93]

280
Hannah Shelley estate

as the last Will and Testament of Hannah Shelley. late of Del:

aware Township, in said County of Delaware, deceased, and saw the said

Hannah Shelley, now deceased sign and seal said instrument by mark,

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.

B. Lugenbeel.

Sworn to and subscribed by said witness in open Court, this 22 day of

September. A.D. 1891.

N.F. Overturf

Probate Judge.


The State of Ohio }

Delaware County.ss} Mary S. Roloson, 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 12" day of May. A.D. 1886, and offered for probate as the

last Will and Testament of Hannah Shelley. late of Delaware Town:

ship, in said County of Delaware, deceased, and saw the said Hannah Shel:

ley, now deceased, sign and seal said instrument by mark, and heard her

acknowledge the same to be her last Will and Testament; and I, there:

upon, 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 seal:

ing said instrument, was of full age. of sound mind and memory, and

not under any restraint.

Mary S. Roloson.

Sworn to and subscribed by said witness in open Court, this 22" day

of September- A.D. 1891.

N.F. Overturf

Probate Judge.

Journal Entry


September 22d 1891.

In the Matter of the Will }

of Hannah Shelley- deceased.} Be it remembered, that heretofore, to wit:

on the 17th day of September. A.D. 1891,

an instrument of writing, purporting to be the last Will and Testa:

ment of Hannah Shelley, late of Delaware Towbnship, 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

Enos Shelley her widower and Mary E. Vought and Etta Rees:

er 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

B. Lugenbeel and Mary Roloson the subscribing witnesses to

said Will, who being duly sworn, testified to the due execution
Delaware County Ohio Will Records Vol. 9 1890-1893 (310)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (310)

Description

[page 310]

[corresponds to page 281 of Delaware County Ohio Will Records Vol. 9 1890-93]

281

Hannah Shelley Estate

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 Hannah Shelley, 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, 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.

Citation ordered and issued to Enos Shelley, widower of said decedent,

to elect as to said Will, as required by law.




Will

In the Name of the Benevolent Father of All, I, Hannah

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

publish this my last will and testament.

Item 1st

I give and bequeath to my husband Enoch Shelly all my prop:

erty both real & personal during his natural life.

Item 2d

At the death of my husband I give & bequeath to my grand daugh:

ter Etta Reeser one hundred Dollars to be paid to her by my Executrix

Item 3d

I give & bequeath to my Daughter Mary Ellen Vought all the resi:

due of my Property both real and personal at the death of my husband.

Item 4th

I do hereby appoint my Daughter Mary Ellen Vought Execu:

trix of this my last Will and Testament

I desire that no appraisement or sale be made of my property.

In testimony hereof I have hereunto made my mark & affixed

my seal this 12th day of May. in the year 1886.
her
Hannah X Shelley {Seal}
mark

Signed and acknowledged by

Hannah Shelley as her

last will, in our presence &

signed by us in her presence.

B. Lugenbeel.

Mary S. Roloson.
Delaware County Ohio Will Records Vol. 9 1890-1893 (311)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (311)

Description

[page 311]

[corresponds to page 282 of Delaware County Ohio Will Records Vol. 9 1890-93]

282

Vatchel M. Ford's Will Filed Sep. 28/91

Application for Probate of Will

The State of Ohio } Application to Admit to Probate

Delaware County s.s. } In Probate Court

In the Matter of the last }

Will and Testatment of } Application to Admit to Probate

Vatchel M. Ford deceased }

To the Hon. N. F. Overturf - Judge of the Pro-

bate Court in and for said County:

Your petitioner respectfully respresents that

Vatchel M. Ford late a resident of the Township of Berkshire in said

County, died on or about the 12 day of September. A. D. 1891. leaving

an instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said Vatchel M. Ford 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

Jerusha A. Mann Daughter Sunbury, Ohio

Sarah E. Needles " Green, Ohio

Thomas B. Ford Son Sunbury, Ohio

Mary S. Barrick Daughter Johnstown, Ohio

Henrietta Ford Grand-daughter Sunbury, 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 accord=

ing to law of the pending of said proceedings.

J. C. Needels

The foregoing application was signed in my presence and sworn to

before me, this 28 day of September. A.D. 1891.

N. F. Overturf

Probate Judge

We, the undersigned heirs and devises of the within named decedent,

hereby waive further notice and consent to the probate of said Will.

And we all afirm and declaire that said decedent Vatchel M.

Ford was at the time of the making and signing of said Will of

good sound mind and memory and we agree each with the other that

no legal procedure shall ever be instituted by either of us for the pur=

pose of setting aside or invalidating said Will under a penalty of

One thousand Dollars.

Dated this day of September A. D. 1891.

Jarusha A. Mann

Sarah E. Needels

Thomas B. Ford

Mary S. Barrick

Henrietta Ford
Delaware County Ohio Will Records Vol. 9 1890-1893 (312)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (312)

Description

[page 312]

[corresponds to page 283 of Delaware County Ohio Will Records Vol. 9 1890-93]

283

Vatchel M. Ford's Will


Testimony of Witnesses Filed Sep 28/-91

In Probate Court } In the Matter of Proving the last Will

Delaware County, Ohio } and Testament of V. M. Ford - deceased

The State of Ohio }

Delaware County, s.s. } C. N. Brooks, 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 4 day of May, A. D. 1891 and offered for probate

as the last Will and Testament of V. M. Ford, late of Berkshire

Township in said County of Delaware, deceased, and saw the said V. M.

Ford, now deceased sign and seal said instrument, and heard him ac=

knowledge the same to be his last Will and Testament; and I,

thereupon, at this request, and in his presence, subscribe 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 mem

ory, and not under any restraint

C. C. Brooks

Sworn to and subscribed by said witness in open Court, this 28"

day of September A. D. 1891.

N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County, s.s. } D. A. Hennis, 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 4" day of May A. D. 1891, and offered for probate

as the last Will and Testament of V. M. Ford, late of Berkshire

Township, in said County of Delaware, deceased, and saw the said V.

M. Ford, 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.

D. A. Hennis

Sworn to and subscribed by said witness in open Court, this 28

day of September A. D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (313)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (313)

Description

[page 313]

[corresponds to page 284 of Delaware County Ohio Will Records Vol. 9 1890-93]

284

Vatchel M. Ford's Will

Journal Entry

September 28th 1891 }

In the Matter of the Will }

of Vatchel M. Ford - deceased } This day an instrument of writing, purport=

ing to be the last Will and Testament of

Vatchel M. Ford, late of Berkshire Township 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 - crossed out]

[and of the application to admit the same to probate and record, be given to - crossed out]

and thereupon came Jarusha A. Mann - Sarah E. Neddles - Thomas

B. Ford - Mary S. Barrick and Henrietta Ford next of kin of the

Testator, resident of the Sate of Ohio - and in writing, waived Notice

and consented to the probate of said Will, therefore, on this day came C.

C. Brooks and D. A. Hennis 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 subscribe=

ed, and filed with said Will, whereupon the Court finds that the afore=

said instrument of writing is the last Will and Testament of said Vatchel

M. Ford, 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 therein, be entered of record

in this Court.

N. F. Overturf

Probate Judge

Will

In the name of the Benevolent Father of All, I Vatchel M. Ford -

of Sunbury, Ohio being of sound mind and memory do make and publish

this my last Will and Testament.

Item 1st - I give devise and bequeath to my son Thomas B. Ford the House and

Lots or rather parts of the Lots Nos, 47 and 48, except that part of said

Lots now owned by my Daughter Mrs. Jarusha A. Mann -

Item 2d I give devise and bequeath to my Grandaughter Henrietta Ford the sum

of Two Thousand Dollars in money.

Item 3rd I give devise and bequeath to my Grandson Vachel M. Ford Green

the sum of Five Hundred Dollars in money said sum to be loaned

at interest and the interest added to said sum by his Mother until he

arrives of age and then paid to him.

Item 4th I give and bequeath to my Nephew Vatchel Ford Collins the sum

of Four Hundred Dollars

Item 5th In case my said Grandson Vatchel M. Ford Green should die

before he becomes of age. I give and bequeath the amount heretofore here

in bequeathed to him to my son Thomas B. Ford and my Grandaugh

ter Henrietta Ford in equal proportions via the one half to each.

Item 6th I have contracted with Devreaux Bros. for a monument at a
Delaware County Ohio Will Records Vol. 9 1890-1893 (314)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (314)

Description

[page 314]

[corresponds to page 285 of Delaware County Ohio Will Records Vol. 9 1890-93]

285

Vatchel M. Ford's Will

cost of three hundred and fifty dollars and have deposited said sum

in the Farmers Bank of Sunbury for which I hold a certificate of

deposit and in case I should die before said monument is erected and

settled for by myself. I direct my executors when said Monument is

erected according to contract to apply said certificte of deposit in pay=

ment for said Monument.

Item 7th The rest and residue of my estate should there be any after the pay

ment of debts and legaces aforsaid and costs of administration I give

and bequeath to my son Thomas B. Ford

Item 8th It is my will that I should be hired in what is known as and called

the Green Cemetery near Johnstown Ohio by the side of my deceased

wife.

Item 9th I do hereby nominate and appoint my son in law John C. Needles

and Henrietta Ford my executors of this my last will and testa=

ment and direct that the Probate Court issue letters of Adminis=

tration to them without bond hereby authorizing and empowering them

to compromise adjust release and discharge in such manner as they

deem proper the debts should there be any and claims due me.

Item 10th I do hereby revoke all former wills by me made.

In testimony hereof I hereunto set my hand and seal this 4th day of

May A. D. 1891.

V. M. Ford {Seal}

Signed and acknowledged by said Vatchel M. Ford as his last will

and testament in our presence and signed by us at this request in his

presence.

C. C. Brooks -

D. A. Hennis -
Delaware County Ohio Will Records Vol. 9 1890-1893 (315)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (315)

Description


[page 315]

[corresponds to page 286 of Delaware County Ohio Will Records Vol. 9 1890-93]

286


John A. Williams Will

4951 Application for Probate of Will Filed Oct 1/ -91

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. A. Williams, deceased }

To the Hon N. F. Overturf - Judge of the Pro=

bate Court in and for said County:

Your peitioner respectfully represents that

John A. Williams late a resident of the Township of Harlem in said

County, died on or about the 20th day of July A. D. 1891, leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament. That the said John A. Williams died leaving Ab=

igail M. Williams - widow - and the following named persons his only

next of kin resident of the State of Ohio:

Name Degree of Kinship P. O. Address

J. O. Coit Son Columbus O.

Gerusha Henderson Daughter " O.

Alfred G. Williams Son Harlem O.

Mahala Johnson Daugther " O.

Elizabeth Closson " " Galena O.

Nina Roffey Grand daughter Harrisburgh O.

Claud Williams Grand son Unknown.

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

Abigail M. Williams

The foregoing application was signed in my presence and sworn to

before me, this secord day of September A. D. 1891.

M. P. Carter

Justice of Peace.

We, the undersigned next of kin & widow of the within named decedent,

hereby waive further notice, and consent to the probate of said Will.

Dates this second day of September A. D. 1891

Elizabeth Closson Galena Ohio

Rushia Henderson Columbus Ohio

Mahala Johnsion Harlem O.

Abigail M. Williams, widow - Harlem O.

Hoit J. Williams Columbus O.

A. G. Williams Harlem O.

Nina C. Roffey Harrisburgh Ohio
Delaware County Ohio Will Records Vol. 9 1890-1893 (316)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (316)

Description

[page 316]

[corresponds to page 287 of Delaware County Ohio Will Records Vol. 9 1890-93]

287


John A. Williams Will

Probate of Will Filed Oct 1/-91

The State of Ohio } In Probate Court

Delaware County, s.s. }

Personally appeared in open Court Wm T.

Taylor and W. C. Johnston the subscribing witnesses to the last Will

and Testaemnt of John A. Williams, late of Harlem Township in said

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 bear=

ing date the 5" day of December. A. D. 1887. purporting to be the last

Will and Testament of John A. Williams who signed said Will

as J. A. Williams now deceased, is the Will of said deceased John

A. Williams that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed their name-

to the same as witnesses, in his presence; that they saw the said

John A. Williams deceased, sign and seal said Will, and heard

him acknowledge the same to be his last Will and Testament and

that the said John A. 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.

Wm T. Taylor

W. C. Johnston

Sworn to and subscribed by said witnesses in open Court, this 1"

day of October, A. D. 1891.

{Seal} N. F. Overturf

Probate Judge

Journal Entry

October 1st 1891

In the Matter of the Will }

of John A. Williams, deceased } This day, an instrument of writing,

purporting to be the last Will and

Testament of John A. Williams, 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 that due notice thereof and of the application to admit the

same to probate and record, be given to Abigail M. Williams - widow -

and J. Hoit Williams - Gerusha Henderson - Alfred G. Williams -

Mahala Johnson - Elizabeth Closson and Nina Roffey - next of

kin of the Testator, resident of the State of Ohio and thereupon came

and widow, and next of kin of said Testator, resident of the State of

Ohio, and in writing, waived notice and consented to the probate of said

Will, therefore, on this day came Wm T. Taylor and W. C. Johnston

the subscribing witnesses to said Will, who being duly sworn, tes=

tified 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 in=

strument of writing is the last Will and Testament of said John
Delaware County Ohio Will Records Vol. 9 1890-1893 (317)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (317)

Description

[page 317]

[corresponds to page 288 of Delaware County Ohio Will Records Vol. 9 1890-93]

288


John A. Williams Will

A. 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 submitted 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 Abigail M. Williams, widow of said

decedent to elect as to said Will, as is required by Law, and thereupon

said widow acknowledged service of said Citation.

N. F. Overturf

Probate Judge

Will

In the name of the Benevolent Father of All, I, John A Wil-

liams of the County of Delaware State of Ohio, being of sound and

disposing mind do make and conclude this my last Will and Tes-

tament.

Item 1st I give devise and bequeath after payment of my funeral and last sickness

expenses all my estate and property of every kind and character to my

beloved wife Abigail M. Williams to her and as her own during her

lifetime

Item 2. Should there remain any thing out of my estate after the decease of my

said wife I direct

1st That the sum of Twenty five dollars each be paid to my daughters-

Elizabeth Closson, Gerusha Henderson and Mahala Johnson and

Twenty five dollars to the Heirs of my son Abram Williams deceased

2'd That any and all property remaining after payment of the aforeaid

one hundred dollars be divided equally between my sons J. Hirt Wil-

liams and A. G. Williams share and share about.

Item 3'd I authorize and empower my said wife Abigail M. Williams to do

and act as my executor without bond appraisement of estate or return to

Court and to be left perfectly free to do and act as she may choose in

disposing changing using or helping any or all of my estate now owned or

hereafter acquired which I may be possessed of at my decease

In testimony whereof I subscribe my name in presence of Witnesses

this 5th day of December A.D. 1887. Hereunto as my last Will and

Testament made at my dictation after deliberate meditation thereon

J. A. Williams

Signed by said J. A. Williams in presence

of Wm T. Taylor

W. C. Johnston

Dec. 5. 1887
Delaware County Ohio Will Records Vol. 9 1890-1893 (318)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (318)

Description

[page 318]

[corresponds to page 289 of Delaware County Ohio Will Records Vol. 9 1890-93]

289

Charlotte Hursey's Will

Journal Entry

September 27th 1891

In the Matter of the Will }

of Charlotte Hursey - deceased } This day an instrument of writing pur-

porting to be the last Will and Testament

of Charlotte Hursey, late of Harlem 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 to

probate and record, be given to Simon Hursey, her widow and Ma-

ry E. Mann - Easter A. Mann - R. M. Mack Hursey - Emry

Hursey and Daniel Hursey - next of kin of the testatrix, resident of

the State of Ohio and therefor came Simon Hursey widower and

in writing waived Notice and consented to the probate of said Will

Said application will be for hearing before this Court on the 7th

day of October A.D. 1891, at 10 o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Sept. 24/91

The State of Ohio } In Probate Court

Delaware County ss }


In the Matter of the Last }

Will and Testament of Char- } Application to Admit to Probate

lotte Hursey - Deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that Char-

lotte Hursey late a resident of the Township of Harlem in said County

died on or about the 16 day of Sept. A.D. 1891 leaving an instrument in

writing hereto attached, purporting to be her last Will and Testament:

That the said Charlotte Hursey died leaving Simon Hursey, widower

and the following named persons his only next of kin resident of the State of Ohio

Name Degree of Kinship P. O. Address

Mary E. Mann Daughter Centerburgh O

Easter A. Mann " Galena O

R. M. Mack Hursey Son Harlem O

Emry Hursey " Centervillage O

Daniel Hursey " Harlem 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

Simon Hursey

The foregoing application was signed in my presence and sworn to before

me this 24" day of September A.D. 1891

N. F. Overturf - Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (319)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (319)

Description

[page 319]

[corresponds to page 290 of Delaware County Ohio Will Records Vol. 9 1890-93]

290

Charlotte Hursey's Will

I, the undersigned husband of the within named decedent hereby waive furth-

er notice, and consent to the probate of said Will.

Dated this 24 day of Sept. A.D. 1891

Simon Hursey

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testament of

Charlotte Hursey - deceased.

To Simon Hursey

You are hereby commanded to notify

Mary E. Mann, Easter A. Mann, R. M. Mack Hursey, Emery

Hursey and Daniel Hursey that on the 24 day of Sept. A.D. 1891, an

instrument of writing purporting to be the last Will and Testament of Char-

lotte Hursey, late of Harlem 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 7 day of October A.D. 1891, at 10

o'clock AM.

Witness my hand and the seal of said Probate Court at Dela-

ware Ohio, this 24 day of Sept. A.D. 1891.

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed Oct. 7/91

The State of Ohio }

Delaware County ss } Simon Hursey being duly sworn, says that on

the 28 & 29 day of September A.D. 1891 he

served the within notice by delivbering a true copy thereof to the within

named Mary E. Mann. Easter A. Mann. R. M Mack Hursey

Emery Hursey and Daniel Hursey

Simon Hursey

Subscribed in my presence and sworn to before me this 7" day of Octo-

ber A.D. 1891.

L. B. Hanover

{Seal} Notary Public

Probate of Will

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court L. B. Hanover

and Elizabeth Hanover the subscribing witnesses to the last Will and

Testament of Charlotte Hursey late of Harlem Township in said Del-

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
Delaware County Ohio Will Records Vol. 9 1890-1893 (320)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (320)

Description

[page 320]

[corresponds to page 291 of Delaware County Ohio Will Records Vol. 9 1890-93]

291

Charlotte Hursey's Will

them bearing date the 8" day of September A.D. 1891 purporting to

be the last Will and Testament of Charlotte Hursey now deceased

is the Will of said deceased Charlotte Hursey, that they were present

at the 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 Charlotte Hursey deceased sign and seal said

Will by her mark, and heard her acknowledge the same to be her last

Will and Testament and that the said Charlotte Hursey at the time

of making, signing and sealing said Will was of full age, of sound mind

and memory, and not under any restraint.

L. B. Hanover

Elizabeth Hanover

Sworn to and subscribed by said witnesses in open Court this 1" day

of October A.D. 1891

N. F. Overturf

Probate Judge

Journal entry

October 7th 1891

In the Matter of the Will of}

Charlotte Hursey - deceased } Be it remembered that heretofore, to wit:

on the 24" day of September A.D.

1891, an instrument of writing purporting to be the last Will and Testa-

ment of Charlotte Hursey 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 Simon Hur-

sey her widower, and Mary E. Mann - Easter A. Mann - R. M. Mack

Hursey - Emery Hursey and Daniel Hursey 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 L. B. Hanover and Eliza-

beth Hanover 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 Charlotte Hursey 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 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 Simon Hursey, widower of said dece-

dent, to elect as to said Will, as required by law. Service acknowledged.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (321)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (321)

Description

[page 321]

[corresponds to page 292 of Delaware County Ohio Will Records Vol. 9 1890-93]

292

Charlotte Hursey's Will

Will

In the name of the Benevolent Father of All. I, Charlotte Hursey

of Lawful age of sound mind and memory, knowing the uncertainty of life

and the certainty of death do hereby make and publish this my Last

Will and Testament.

Item 1st My Real Estate upon which I now reside containing about fifty acres

of land Situate in Harlem Township, Delaware County State

of Ohio I give and bequeath unto my Beloved Husband during his

natural life, and at the Death of my said Husband if my son Daniel

Hursey should survive his father, then I desire that my said son

Daniel shall have the use and controll of said Real Estate During

his natural life and at the death of my said Husband and my said son

Daniel Hursey I give and bequeath the above named Real Estate to my

two sons Mack Hursey and Emery Hursey - the above named By

their paying to my two Daughters Mary E. Mann - Easter A.

Mann two hundred Dollars each.

her

Charlotte X Hursey

mark

September 8th 1891


Signed by said Charlotte Hursey as her last Will and Testament

in our presence and signed by us in her presence and at her request

September 8 1891 L. B. Hanover

Elizabeth Hanover
Delaware County Ohio Will Records Vol. 9 1890-1893 (322)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (322)

Description

[page 322]

[corresponds to page 293 of Delaware County Ohio Will Records Vol. 9 1890-93]

293

Elisabeth Smith's Will

Journal Entry

October 5 1891

In the Matter of the Will }

of Elizabeth Smith, deceased } This day an instrument of writing,

purporting to be the last Will and

Testament of Elizabeth Smith, 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 Martha E. Paddock -

Mary L. Cowgill. Jennie Pratt - Minnie Rader - and Etta B.

Knowles - next of kin of the Testatrix - resident of the State of Ohio -

and thereupon came Mary L. Cowgill and Jennie Pratt, and in writ=

ing waived Notice and consented to the probate of said Will, said ap=

plication will be for hearing before this Court on the 10th day of October

A. D. 1891, at 2 o'clock P.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Oct. 5/-91

The State of Ohio } In Probate Court

Delaware County, ss. }

In the Matter of the Last }

will and Testament of }

Elizabeth Smith, 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 respresents that

Elizabeth Smith late a resident of the Township of Delaware in said

County, died on or about the 1st day of October, A. D. 1891. leaving an

instrument in writing, hereto attached, purporting to be her last Will and

Testament: That the said Elizabeth Smith died leaving no widower, and

the following named persons her only next of kin resident of the State of Ohio

Name Degree of Kinship P. O. Address

Martha E. Paddock Daughter Delaware O.

Mary L. Cowgill " " "

Jennine Pratt " " "

Minnie Rader " Middleport O "

Etta B. Knowles " Fostoria "

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

Mrs Jennie Pratt

The foregoing application was signed in my presence and sworn to before

me, this 5th day of October, A. D. 1891.

{Seal} N. F. Overturf, Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (323)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (323)

Description

[page 323]

[corresponds to page 294 of Delaware County Ohio Will Records Vol. 9 1890-93]

294

Elizabeth Smith's Will

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 5th day of October A.D. 1891.

Mary L. Cowgill

Jennie Pratt

Notice

The State of Ohio } In Probate Court

Delaware County, ss. }

In the matter of the last Will and Testament

of Elizabeth Smith, deceased.

To Jennie Pratt:

You are hereby commanded to notify Mar=

tha E. Paddock - Minnie Rader - Etta B. Knowles that on the

5th day of October, A. D. 1891. an instrument of writing, pruporting to be

the last Will and Testament of Elizabeth Smith late of Delaware

Township in said County, deceased, was produced in said Court, and

in 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 10th day of October, A. D. 1891. at 2 o'clock P.M.

Witness my hand and the seal of said Probate Court, at

Delaware Ohio, this 5th day of October, A. D. 1891.

{Seal} N. F. Overturf

Probate Judge

Proof of Service Filed Oct 10/-91

The State of Ohio }

Delaware County, ss } Jennie Pratt being duly sworn, says that

on the 7th day of October, A. D. 1891, he

served the within notice by delivering a true copy thereof to the with

in named Martha E. Paddock - Minnie Rader and Etta B. Knowles

Jennie Pratt

Subscribed in my presence and sworn to before me this 10" day of Octo=

ber A. D. 1891.

{Seal} N. F. Overturf

Probate Judge

Probate of Will Filed Oct 10/ -91

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court Henry

Beecher and Dorrance E. Hughs the subscribing witnesses to the

last Will and Testament of Elizabeth Smith, late of Delaware

Township in said 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 March.
Delaware County Ohio Will Records Vol. 9 1890-1893 (324)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (324)

Description

[page 324]

[corresponds to page 295 of Delaware County Ohio Will Records Vol. 9 1890-93]

295

Elizabeth Smith's Will

A. D. 1888, purporting to be the last Will and Testament of

Elizabeth Smith non deceased, is the Will of said deceased

Elizabeth Smith, 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 Elizabeth Smith deceased, sign and seal said Will,

and heard her acknowledge the same to be her last Will and Testa

ment, and that the said Elizabeth 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.

Henry H. Beecher

Dorrance E. Hughs

Sworn to and subscribed by said witnesses, in open Court, this 10"

day of October A. D. 1891

{Seal} N. F. Overturf

Probate Judge

Journal Entry

October 10" 1891

In the Matter of the Will }

of Elizabeth Smith, deceased } Be it remembered, that heretofore, to-wit=

on the 5th day of October A. D. 1891, an

instrument of writing, purporting to be the last Will and Testament

of Elizabeth Smith, 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 Mar=

tha E. Paddock - Mary L. Cowgill - Jennie Pratt - Minnie

Rader and Etta B. Knowles next of kin of the Testatrix, resident

of the State of Ohio, pursuant to a former order of this Court,

therefore, in this day came Henry H. Beecher and Dorrance E.

Hughs 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

afresaid instrument of writing is the last Will and Testament

of said Elizabeth Smith, 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 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (325)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (325)

Description

[page 325]

[corresponds to page 296 of Delaware County Ohio Will Records Vol. 9 1890-93]

296

Elizabeth Smith's Will

Will

In the name of the benevolent father of all I Elizabeth Smith of

the City of Delawre Ohio do hereby publish and make this my last

will and testament and being of sound mind and memory do direct my personal

property and effects as follows, to-wit:

Item 1: I direct that all my debts including my furneral expenses and expenses

of my last sicknesses be first paid.

Item II:I will that the residue of my estate be divided as follows to my daughters

Martha E. Paddock, Mary L. Cowgill - Phebe M. Brock - Minnie

Rader and Etta Knowles and to my son John L. Daniels to

each and every one of them the sum of Five Dollars and it is my

further will that the note which I now hold against my son John

L. Daniels be surrendered up at my decease to him without payment

on his part.

Item III: I direct that my executrix procure and erect on my lot in oak grove

Cemetery a tombstone at a cost not to exceed Fifty Dollars.

Item IV: I will and bequeath all of the residue of my personal property of all

kinds whatsoever to my daughter Jennie Pratt who I hereby constitute

and appoint my executrix for the purpose of carrying out this my last will

and testament.

In witness whereof I hereunto set my hand and seal at the City of

Delaware Ohio in this 21st day of March A. D. 1888.

Elizabeth Smith

Signed by us in the presence of Elizabeth Smith and signed by

the said Elizabeth Smith in our presence by her special instance and

request as witnesses to this her last Will and Testament.

Henry H. Beecher

Dorrance E. Hughs
Delaware County Ohio Will Records Vol. 9 1890-1893 (326)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (326)

Description

[page 326]

[corresponds to page 297 of Delaware County Ohio Will Records Vol. 9 1890-93]

297

Orsamus B. Hough's Will

Journal Entry

October 20" 1891 }

In the Matter of the Will of }

Orsamus D. Hough - deceased } This day an instrument of writing, purport=

ing to be the last Will and Testament, and

Codicil thereto, of Orsamus D. Hough, 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 application to admit the same to probate and rec=

ord , be given to Jane Hough his widow, and Clara A. Williams Lottie A.

Walker - Benjamin W. Hough and Leonard Hough next of kin of the Tes=

tator, resident of the State of Ohio, and thereupon came Clara A. Williams

and Lottie A. Walker, and in writing waived notice and consented to the pro=

bate of said Will. It is ordered that said application be for hearing before

this Court on the 21st day of October. A. D. 1891 at 11 o'clock A. M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Oct 20/91

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

Orsamus D. Hugh, deceased }

to the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully respresents

that Orsamus D. Hough late a resident of the Township of Berkshire

in said County, died on or about the 10th day of October A. D. 1891 leaving

an instrument in writing, hereto attached, purporting to be his last Will and

Testament, and Cordicil thereto: That the said Orsamus D. Hough died

leaving Jane Hough 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

Clara A. Williams Daughter Delaware O

Lottie A. Walker " Columbus "

Benjamin W. Hough Grand Son Delaware "

Leonard Hough " " "

Your petitioner prays that a time may be fixed for the proving of said Will

and Cordicil, and that said above named persons may be notified according

to law of the pending of said proceedings.

C. H. Williams

The foregoing application was signed in my presence and sworn to before

me, this 20" day of October A.D. 1891.

N. F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (327)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (327)

Description

[page 327]

[corresponds to page 298 of Delaware County Ohio Will Records Vol. 9 1890-93]


298

Orsamus D. Hough's Will

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 20th day of October. A.D. 1891.

Clara A. Williams

Lottie A. Walker.


Notice



The State of Ohio } In Probate Court

Delaware County.ss.}

In the matter of the last Will and Testament of

Orsamus D. Hough- deceased

To O. H. Williams

You are hereby commanded to notify Jane

Hough- Benjamin W. Hough. and Leonard Hough that on the 20th day of

October. A.D. 1891. an instrument of writing, purporting to be the last Will

and Testament and Codicil thereto of Orsamus D. Hough late of Berkshire

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 26th day of Octo:

ber. A.D. 1891. at 11 o'clock A.M.

Witnessed my hand and the seal of said Probate Court,

at Delaware Ohio, this 20th day of October. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed October 26/91

The State of Ohio }

Delaware County.ss} O.H. Williams being duly sworn, says that on the

20 & 21 days of October- A.D. 1891. he served the

within notice by delivering a true copy thereof to the within named Jane

Hough and Benjamin W. Hough and Leonard Hough.

O.H. Williams

Subscribed in my presence and sworn to before me this 26" day of October.

A.D. 1891.

N.F. Overturf

Probate Judge


Testimony of Witness to Will Filed Oct. 26/91


In Probate Court } In the Matter of Proving the last Will and Testament

Delaware County, Ohio,} Of Orsamus D. Hough, deceased

The State of Ohio }

Delaware County.ss.} J.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 bear:

ing date the 24 day of February. A.D. 1880. and offered for probate as

the last Will and Testament of Orsamus D. Hough, late of Berkshire
Delaware County Ohio Will Records Vol. 9 1890-1893 (328)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (328)

Description

[page 328]

[corresponds to page 299 of Delaware County Ohio Will Records Vol. 9 1890-93]

299

Orsamus D. Houghs' Will

Township, in said county of Delaware, deceased, and saw the said Ors:

amus D. Hough, 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:

ing and sealing said instrument, was of full age, of sound mind and mem:

ory, and not under any restraint.

J.H. Kimball

Sworn to and subscribed by said witness in open Court, this 26" day

of October. A.D. 1891.

N.F. Overturf

Probate Judge.


Proof of Signature of Witness to Will Filed Oct. 26/91


The State of Ohio }

Delaware County.ss.} J.H. Kimball and O.H. Kimball being duly

sworn, say that they were well acquainted with

Mary E. McMillen who is now deceased, that they were well acquaint:

ed with the hand writing of the said Mary E. McMillen. having often

seen her write, that the signature Mary E. McMillen as subscribing wit:

ness to the last Will and Testament of Orsamus D. Hough, deceased,

is in the own proper hand writing and signature of the said Mary E.

McMillen who at the date of said Will was in full life, and resided in

Sunbury, in said County.

J.H. Kimball

O.H. Kimball

Sworn to before me, and subscribed in my presence, this 26' day of Octo:

ber. A.D. 1891.

N.F. Overturf

Probate Judge.


Probate of Will Filed Oct. 26/91

The State of Ohio } In Probate Court.

Delaware County.ss.}

Personally appeared in open Court C.H. Kimball

and J. H. Kimball the subscribing witnesses to a Codicil of the last Will

and Testament of Orsamus D. Hough. 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 Codicil to said Will, depose and say: That the paper

before them bearing date 19" day of December. A.D. 1885. purporting to be a

codicil to the last Will and Testament of Orsamus D. Hough now de:

ceased, is a codicil to the Will of said deceased Orsamus D. Hough which

will bears date February 24" A.D. 1880. , that they were present at the execu:

tion 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 Orsamus D. Hough deceased, sign and seal said Codicil, and

heard him acknowledge the same to be a Codicil to his last Will and
Delaware County Ohio Will Records Vol. 9 1890-1893 (329)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (329)

Description

[page 329]

[corresponds to page 300 of Delaware County Ohio Will Records Vol. 9 1890-93]


300

Orsamus D. Hough's Will

Testament, and that the said Orsamus D. Hough at the time of making, sign:

ing, and sealing said Codicil was of full age. of sound mind and memory, and not

under any restraint.

J.H. Kimball

O.H. Kimball

Sworn to and subscribed by said witnesses, in open Court, this 26" day of Octo:

ber. A.D. 1891.

N.F. Overturf

Probate Judge


Journal Entry

October 26" 1891.

In the Matter of the Will of}

Orsamus D. Hough- deceased } Be it remembered, that heretofore, to-wit: on the

20th day of October. A.D. 1891. an instrument

of writing, purporting to be the last Will and Testament and Codicil thereto, of

Orsamus D. Hough, late of Berkshire Township, in the 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 Jane Hough, his widow, Clara A. Williams Lottie A. Walk:

er- Benjamin W. Hough and Leonard Hough- next of kin of the Testator,

resident of the State of Ohio, pursuant to a former order of this court; there:

upon, on this day came J.H. Kimball one of the subscribing witesses 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 that Mary E. McMillen one of

the subscribing witnesses to said Will, is now deceased. thereupon J.H. Kim:

ball and O.H. Kimball appeared in open court, and were duly sworn and ex:

amined according to law touching the genuineness of the signature of said

Mary E. McMillen attached to said Will, and their testimony thereon was

reduced to writing and filed. Also at same time appeared O.H. Kimball

and J. H. Kimball the subscribing witnesses to the Codicil to said Will

who being duly sworn, testified to the due execution and attestation of said Cod:

icil to 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 and

Codicil thereto, of said Orsamus D. Hough- 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, 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 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.

Citation ordered and issued to Jane Hough, widow of said decedent; to

elect as to said Will, as required by law.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (330)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (330)

Description

[page 330]

[corresponds to page 301 of Delaware County Ohio Will Records Vol. 9 1890-93]

301

Orsamus D. Hough's Will

Will

In the name of the Benevolent Father of All: I, Orsamus D.

Hough, of the township of Berkshire. County of Delaware, and State of

Ohio, do make and publish this my last Will and Testament.

Item 1st

I hereby nominate and appoint O.H. Williams to be sole executor of

this my last Will and Testament, directing my said executor to pay

all my just debts, and funeral expenses, and the legacy to my wife. hereinafter

mentioned, as soon as may conveniently be done after my decease out of the pro:

ceeds of my personal estate.

Item 2d

I give and bequeath to my beloved wife, Jane Hough, the sum of Four

Thousand (4,000.00) dollars, to be paid to her by my said executor, as soon

as may be convenient after my decease, but within two years thereafter, to

have and to hold the same to her, her heirs, executors, administrators and as:

signs forever. I also give to her, my said wife, the use, improvements and

income of my dwelling house, lot and appurtenances thereunto belonging, sit:

uate in the town of Sunbury. County of Delaware, and State of Ohio,

Know and described as lot No. One Hundred and ten in Kimball's

Addition to said town of Sunbury, so long as she shall remain my widow

and unmarried, but at her decease, or marriage, to revert to my two daugh:

ters~ herein after mentioned and named, respectively, share and share alike

Item 3d

All the rest and residue of my estate, real, personal, or mixed, wheresoever

situated, and of whatever nature, of which I shall die seized or possessed, or

to which I shall be entitled at the time of my decease, I give, devise, and

bequeath to my two beloved daughters, Clara A. Williams, and Lotta

A. Walker, to be equally divided between them - share and share alike:

the real estate to be fairly and equally divided, and not sold.

over.

Item 4th

My beloved son Leonard Hough, deceased, having received from me, by gift

and deed, his full share of my estate, both personal and real, during his lifetime,

his heirs are hereby excluded and debarred from receiving any part of my es:

tate- real or personal.

Also I desire that my said executor shall not be required to give bond,

and that no appraisement of my real or personal property be made, and

that the Court of Probate direct the omission of the same, in pursuance of

the statute.

also I do authorize and empower my said executor to compromise and

addust, release and discharge, and in such manner as he shall deem proper,

the debts and claims due to me. Also I desire that my said executor

shall not foreclose a certain mortgage I hold against a certain piece of

property, situate in Lansing, Michigan, and owned by my beloved sister, Ce:

celia Cornell, during her lifetime, but at her decease, I desire it closed

if the money due therein is not paid before, or within a reasonable time

thereafter.

I do hereby revoke all former wills by me at any time heretofore made:

In testimony whereof I have hereunto set my hand and seal, this

twenty fourth day of February. A.D. One thousand eight hundred

and eighty.

O.D. Hough {S.S.}
Delaware County Ohio Will Records Vol. 9 1890-1893 (331)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (331)

Description

[page 331]

[corresponds to page 302 of Delaware County Ohio Will Records Vol. 9 1890-93]

302

Orsamus D. Hough's Will

The above instrument, consisting of one sheet of paper, was subscribed, by Orsamus

D. Hough, in the presence of each of us, and at the same time declared by him to

be his last will and testament, and we, at his request, sign our names hereto, in

his presence as attesting witnesses.

Mary E. McMillen of Sunbury. Delaware Co Ohio

J.H. Kimball



Whereas, I, Orsamus D. Hough, of Sunbury, County of Delaware. and

State of Ohio, have made my last will and testament in writing, bearing

date the twenty fourth day of February. A.D. One thousand eight hund:

red and eighty (1880) and have thereby willed and devised all my estate, real

and personal, as declared and published in that instrument. Now I do,

by this writing, which I hereby declare to be a codicil to my said will, to

be taken as a part thereof, give and bequeath to Mrs. Elnora McAdow

Sherman, wife of George Sherman, of Martinez, County of Contra Costa,

and State of California, and to her children the sum of One Thousand

($1.000.00) dollars, to be paid to her in money, by the executor of my said

last will and testament, as soon as may be convenient after my decease,

but within two years thereafter. The above bequest to be paid from money

realized from the proceeds of property mentioned in item three (3) of my

said will.

In witness whereof I have hereunto set my hand and seal, this nine:

teenth day of December A.D. One thousand eight hundred and

eighty five (1885)

Orsamus D. Hough {S.S.}


The above instrument of one sheet was, at the date thereof, signed and

sealed in the presence of each of us, and declared by the testator, Orsamus

D. Hough to be a codicil to be annexed to his last will and testament,

and we, at his request, sign our names as attesting witnesses.

O.H. Kimball of Sunbury. Delaware Co Ohio

J.H. Kimball
Delaware County Ohio Will Records Vol. 9 1890-1893 (332)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (332)

Description

[page 332]

[corresponds to page 303 of Delaware County Ohio Will Records Vol. 9 1890-93]

303

Isaac Heffner's Will

Application for Probate of Will filed Oct 6/61


The State of Ohio } In Probate Court

Delaware County.ss.}


In the Matter of the Last }

Will and Testament of Isaac } Application to Admit to Probate

Heffner Deceased~ }

To the Hon. N.F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Isaac Heffner, late a resident of the Township of Delaware in said

County, died on or about the 28" day of September. A.D. 1891. leaving an

instrument in writing, hereto attached. purporting to be his last Will and

Testament: That the said Isaac Heffner died leaving Tryphosa Heff:

ner 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.

Daniel Heffner Brother Circleville Ohio

Jacob Hefner " Whistler "

Samuel Heffner " Listville "

Catharien Kershner Sister Tarlton "

Hezekiah N. Heffner Nephew Delaware "

George Heffrner " " "

Louisa Drum Niece Tarlton "

Eliza Ann Dresbach " Straitsville "

Sallie Liest " Circleville "

Mary Liest " " "

Caroline Liest " " "

David Heffner Nephew " "

Lydia Walkey Niece West Salem "

William B. Heffner Nephew West Minister "

Mary Blair Niece " " "

Curtis Heffner Nephew " " "

Benjamin Heffner " " " "

Charley Heffner " " " "

Mintie Heffner Niece " " "

Myrtal Neal Niece St. Mary's "

Mary Hartronuft " Stoutsville "

Jacob H. Kershner Nephew Amanda "

George W. Kershner " Columbus "

Emeline Wertman Grand Niece Circleville "

Lydia Bolender " " " "

George Wertman " Nephew Circleville "

Catharine Wertman " Niece " "

Coulla Heffner " " East Ringo "

John Wertman " Nephew Circleville "
Delaware County Ohio Will Records Vol. 9 1890-1893 (333)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (333)

Description

[page 333]

[corresponds to page 304 of Delaware County Ohio Will Records Vol. 9 1890-93]

304

Isaac Heffner'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.

D.M. Weisner

The foregoing application was signed in my presence and sworn to before me,

this 6" day of October. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


We, the undersigned widow & next of kin of the within named decedent,

hereby waive further notice, to the probate of said Will.

Dated this 6" day of October A.D. 1891.

Tryphosa Heffner

Hezekia Nelson Heffner-


Journal Entry

October 6th 1891.

In the Matter of the Will of }

Isaac Heffner- deceased ~ } This day, an instrument of writing, pur:

porting to be the last Will and Testa:

ment of Isaac Heffner, late of Delaware City, 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 rec:

ord, be given to Tryphosa Heffner, his widow, and to all of the next of

kin of the Testator resident of the State of Ohio. And it appearing

to the Court that Tryphosa Heffner, widow of said deceased, and Hez:

ekiah N. Heffner one of the next of kin, have in writing waived Notice

to the probate of said Will, it is ordered that the said application be

heard on the 16th day of October. A.D. 1891. at 10 o'clock A.M.

N.F. Overturf

Probate Judge


Will set asid Record 10 page 187 - Journal 15 page 395

Will

In the name of the Father, son and Holy Ghost, I, Isaac Heffner-

of Delaware, in the County of Delaware and 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.

I give, devise and bequeath to my beloved wife, Tryphosa Heffner, all

the property, real, personal or mixed, of which I shall die seized and pos:

sessed, or to which I shall be entitled at the time of my decease, to have

and to hold, and to have the entire control and sole management of the same

for and during the term of her natural life.

Furthermore, I direct that, after the death of my said wife, all my

real estate and personal property be sold by my executor hereinafter named

at private or public sale, as he may deem best, and I authorize said

executor to give and execute deeds for my real estate which he shall

sell, and of the proceeds of such sale of my estate I dispose in the fol:

lowing manner, to-wit.
Delaware County Ohio Will Records Vol. 9 1890-1893 (334)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (334)

Description

[page 334]

[corresponds to page 305 of Delaware County Ohio Will Records Vol. 9 1890-93]

305

Isaac Heffner's Will

first, I give, devise and bequeath to Evangelical Lutheran Joint

Synod of Ohio and adjacent States, for Capital University, located at

Columbus, Ohio, the sum of One Thousand Dollars ($1000.) for

Wernle Orphans Home. located at Richmond, Indiana, the sum

of Five Hundred Dollars ($500.) to be paid to said Institutions out

of the proceeds of my estate by my executor hereinafter named as soon

after the death of my said wife as shall by him be found practicable and

convenient.

I give and bequeath the remiander of the proceeds of my estate to my

heirs, to be equally divided among them by my executor hereinafter named

after the aforesaid Fifteen Hundred Dollars shall have been disposed

of in the manner stated.

I do nominate and appoint David Mathias Weiser to be the ex:

ecutor of this my last will and testament.

In testimony whereof I, Isaac Heffner, have to this my last will

and testament subscribed my name and affixed my seal this 21st

day of March in the year of our Lord one thousand eight hundred

and eight nine.

Isaac Heffner {Seal}

signed, sealed and acknowledged by the said Isaac Heffner as his

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

his presence and in the presence of each other have subscribed our names

as witnesses thereto.

Edward Pfeiffer

Chauncey E. Hills

Charles J. Liggett


Notice

The State of Ohio } In Probate Court

Delaware County.ss.}

In the matter of the last Will and Testament

of Isaac Heffner, deceased.

To David M. Weiser:

You are hereby commanded to noti:

fy Daniel Heffner- Jacob Heffner- Samuel Heffner- Catharine

Kershner- George Heffner- Louisa Drum- Eliza Ann Dresbach-

Mary Liest- Salie Liest- David Heffner- Lydia Walkey- Wil:

liam B. Heffner that on the 6th day of October A.D. 1891. an instru:

ment of writing, purporting to be the last Will and Testament of

Isaac Heffner, 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 16th day of

October. A.D. 1891. at 10 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware. Ohio this 6th day of October. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (335)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (335)

Description

[page 335]

[corresponds to page 306 of Delaware County Ohio Will Records Vol. 9 1890-93]

306

Isaac Heffner's Will

Proof of Service Filed Oct. 16/91

The State of Ohio }

Delaware County.ss.} David M. Weiser being duly sworn, says that be:

tween the 10th & 15th days of October. A.D. 1891, he

served the within notice by delivering a true copy thereof to the within named

Daniel Heffner- Jacob Heffner- Samuel Heffner- Catharien Kershner-

George Heffner- Louisa Drum- Eliza Ann Dresbach Mary Liest-

Sallie Liest- David Heffner- Lydia Walkey- and William B. Heffner.

D.M. Weiser

Subscribed in my presence and sworn to before me this 16th day of October

A.D. 1891.

{Seal} N.F. Overturf

Probate Judge



Journal Entry

October 16th 1891.

In the Matter of the Will }

of Isaac Heffner. deceased.} Be it remembered, that heretofore, to-wit:

on the 6th day of October. A.D. 1891.

an instrument of writing, purporting to be the last Will and Testament

of Isaac Heffner, 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 Tryphosa Heffner- his widow- and

Daniel Heffner- Jacob Heffner- Samuel Heffner. Catharine Kersh:

ner- Hezekiah N. Heffner- George Heffner- Louisa Drum- Eilza

Ann Dresbach- Mary Liest- Sallie Liest- David Heffner- Lydia

Walkey and William B. Heffner- next of kin of the Testator, resi:

dent of the State of Ohio, pursuant to a former order of this Court

And it appearing to the Court that Mary Blair- Curtis Heffner

Benjamin Heffner- Charley Heffner- Mintie Heffner- Myrtal Neal

Mary Hartronuft- Jacob H. Kershner- George W Kershner- Car:

oline Liest- Emeline Wertman- Lydia Bolender- George Wertman-

John Wertman- Catharine Wertman and Coulla Heffner, whose

names and post-office addresses were unknown at the time application

herein was made for the probate of said Will, are also next of kin of

said Testator, resident of the State of Ohio, it is ordered that said names

be added to the application and that due notice of the time and hearing

of the testimony to admit said Will to probate and record be given to

the last above named persons, who are the remainig next of kin res:

idents of the State of Ohio, who have not been notified.

And it appearing to the Court that Edward Pfeiffer one of the

subscribing witnesses to said Will is a resident of Fremont-

Sandusky County- Ohio- and is without the jurisdiction of this court,

it is therefore ordered that a commission, with the Will annexed,

issue herein to J. Zimmermann, Probate Judge of Sandusky

County, Ohio, directing him to take the deposition of said subscribing
Delaware County Ohio Will Records Vol. 9 1890-1893 (336)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (336)

Description

[page 336]

[corresponds to page 307 of Delaware County Ohio Will Records Vol. 9 1890-93]

307

Isaac Heffner's Will

witness, and return the same, duly certified, with all convenient speed to

this Court. And the hearing of said application is now fixed on the

21st day of October. A.D. 1891. at 10 o'clock A.M.

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 Isaac Heffner- deceased.

To David M. Weiser:

You are hereby commanded to notify

Mary Blair- Curtis Heffner_ Benjamin Heffner- Charley Heff:

ner- Mintie Heffner- Myrtal Neal- Mary Hartronuft- Jacob

H. Kershner- George W. Kershner- Caroline Liest- Emeline Wert:

man- Lydia Bolender- George Wertman- John Wertman- Catha:

rine Wertman- Corilla Heffner that on the 6th day of October. A.

D.1891. an isntrument of writing, purporting to be the last Will and

Testament of Isaac Heffner, 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

21st day of October. A.D. 1891. at 10 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware. Ohio, this 16th day of October A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Proof of service Filed Oct-21/91


The State of Ohio }

Delaware County.ss.} David M. Heiser being duly sworn, says

that on the 17" day of October. A.D. 1891.

he served the within notice by delivering a true copy therreof to the

within named Mary Blair- Curtis Heffner- Benjamin

Heffner- Charley Heffner- Mintie Heffner- Mary Hartronuft-

Jacob H. Kershner- George W Kershner- Caroline Leist-

Emeline Wertman- Lydia bolender- George Wertman- John

Wertman- Catharine Wertman- Corilla Heffner.

Subscribed in my presence and sworn to before me this 21st day

of October- A.D. 1891.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (337)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (337)

Description

[page 337]

[corresponds to page 308 of Delaware County Ohio Will Records Vol. 9 1890-93]

308
Isaac Heffner's Will

Commission Issued Oct 16/91

To take Testimony of Witness to Will


The State of Ohio }

Delaware County,ss} To J. Zimmermann, Probate Judge- Greeting

Know Ye, That we, in confidence of your prudence and fidelity, have appoint:

you, and by these presents do give you full power and authority to examine

and take the deposition of Edward Pfeiffer one of the subscribing witnesses

to the last Will and Testament of Isaac Heffner, deceased, hereto an:

nexed, 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 Edward Pfeiffer to be brought before you, and then and

there to examine him on oath in affirmation to first taken before you, touch:

ing the due execution of said Will of the said Isaac Heffner and that

you reduce such examination to writing, and return the same, together with

this Commission and the Will of the said Isaac Heffner thereto annex:

ed, closed up under your seal, into our said Probate Court, with all conven:

ient 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 this 16th day of October A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Deposition of Witness to Will Filed Oct 27"/ 91


The State of Ohio } In the Matter of the last Will and Testament of

Sandusky County,ss} Isaac Heffner- deceased.


Personally appeared before me J. Zimmermann, Probate Judge, as Com:

missioner, Edward Pfeiffer one of the subscribing witnesses to the last

Will and Testament of Isaac Heffner late of Delaware 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 he was pres:

ent at the execution of the paper before him bearing date the 21st day of

March. A.D. 1889, purporting to be the last Will and Testament of Isa:

ac Heffner now deceased, whose name is signed at the end thereof, and at

the request of said deceased, subscribed his name to the same as a witness

in his presence, that he saw the said Isaac Heffner sign and seal said

Will, and heard him acknowledge the same to be his last Will and

Testament, and that the said Isaac Heffner 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.

Edward Pfeiffer
Delaware County Ohio Will Records Vol. 9 1890-1893 (338)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (338)

Description

[page 338]

[corresponds to page 309 of Delaware County Ohio Will Records Vol. 9 1890-93]

309
Isaac Heffner's Will


The State of Ohio }

Sandusky County.ss} I, J. Zimmermann, 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 testimony of

Edward Pfeiffer one of the subscribing witnesses to the last Will and

Testament of Isaac Heffner deceased, late a resident of said County

and State, which Commissioner, and the said Will we hereto annexed,

do hereby certify that in pursuance of said Commission I caused the above

named Edward Pfeiffer subscribing witness as aforesaid to appear before

me, at Fremont on the 23d day of October 1891. 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 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

23d day of October. A.D. 1891.

J. Zimmermann

{Seal} Probate Judge & Commissioner


Journal Entry

October 21st 1891.

In the Matter of the Will }

of Isaac Heffner- deceased.} This day this matter came in to be

heard, and 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 probate and record in this Court, has

been given to Mary Blair- Curtis Heffner- Benjamin Heffner- Char:

ley Heffner- Mintie Heffner- Mary Hartronuft- Jacob H. Kersh:

ner- George W. Kershner- Caroline Leist- Emeline Wertman-

Lydia Bolender- George Wertman- John Wertman- Catharine Wert:

man- Corilla Heffner- and it appearing to the Court that Myrtal

Neal has not yet had legal notice of the filing of said Will and of

the application to admit the same to probate and record, it is now or:

dered that notice issue to said Myrtal Neal, and this matter is contin:

ued until 10 a.m. on the 31st day of October. A.D. 1891. at which time

the hearing of said Will is now fixed.

N.F. Overturf. Probate Judge


Journal Entry

October 24th 1891.

In the Matter of the Will }

of Isaac Heffner- deceased } The Commission heretofore issued herein to

take the testimony of Edward Pfeiffer,

one of the subscribing witnesses to the Will of said Isaac Heffner- de:

ceased, was this day returned, duly executed, and the same was filed herein.

N.F. Overturf. Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (339)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (339)

Description

[page 339]

[corresponds to page 310 of Delaware County Ohio Will Records Vol. 9 1890-93]

310
Isaac Heffner's Will

Waiver Filed Oct 31/91

I, Myrtal Neal one of the next of kin of Isaac Heffner- deceased,

late of Delaware County, Ohio, hereby acknowledge notice of the applica:

tion to admit the Will of said decedent to probate and Record to which

I hereby give my assent without further notice

Dated this 28" day of October A.D. 1891.

Mrs. Myrtal Neal


Journal Entry

October 31st 1891.

In the Matter of the Will }

of Isaac Heffner- deceased.} This day this matter came on to be heard, 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 has been given to all of the known next of kin

of said Isaac Heffner, deceased, resident of the State of Ohio. Mary Neal

one of said next of kin having acknowledged notice and consented to the probate

of said Will. And it appearing to the Court that Charles J. Liggett, one of

the subscribing wintesses to said Will, is a resident of Springfield, Clark

County Ohio, and is without the jurisdiction of this Court, it is therefore ordered

that a Commission, with the Will annexed issue herein to Wm M. Rockel, of

Clarke County, Ohio, directing him to take the deposition of said subscribing wit:

ness, and return the same, duly certified, with all convenient speed to this Court.

N.F. Overturf

Probate Judge.


Commission Issued Oct 31/91

To take Testimony of- Witness to Will


The State of Ohio } To Wm M. Rockel- 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 exmaine and take the deposition of Charles J. Liggett sub:

scribing witness to the last Will and Testament of Isaac Heffner- here:

to 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 Charles J. Liggett 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 Isaac Heffner and

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

gether with this Commission and the Will of the said Isaac Heffner

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, at

Delaware this 31' day of October- A.D. 1891.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (340)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (340)
Delaware County Ohio Will Records Vol. 9 1890-1893 (341)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (341)

Description

[page 341]

[corresponds to page 312 of Delaware County Ohio Will Records Vol. 9 1890-93]

312
Isaac Heffner's Will

Journal Entry

November 3rd 1891.

In the Matter of the Will }

of Isaac Heffner deceased }

The Commission heretofore issued herein to

take the testimony of Charles J. Liggett, one of the subscribing witnesses

to the Will of said Isaac Heffner, deceased, was this day returned duly

executed, and the same was filed herein. Whereupon the Court finds

from the depositions of the said Edward Pfeiffer and Charles J. Liggett

two of the subscribing witnesses to said Will, that the aforesaid instrument

of writing is the last Will and Testament of said Isaac Heffner- 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 procedings had thereon, be entered of record in this Court.

Citation issued to Widow to elect as to said Will.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (342)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (342)

Description

[page 342]

[corresponds to page 313 of Delaware County Ohio Will Records Vol. 9 1890-93]

313
Isaac Freese Will

Journal Entry

October 29" 1891.

In the Matter of the Will }

of Isaac Freese- deceased } This day, an instrument of writing, pur:

porting to be the last Will and Testament

of Isaac Freese, 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 I.M. Freese- Anna Evans- Catharine Johnson- John

Freshwater Mary Eeliler- Sarah Worth- Lewis Cullins and George

Freshwater next of kin of the Testator, resident of the State of Ohio-

And thereupon came I.M. Freese- and in writing waived notice and

consented to the probate of said Will. It is ordered that said appli:

cation be for hearing before this Court, on the 4th day of November A.

D. 1891. 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

Isaac Freese- deceased. }

To the Hon. N.F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Isaac Freese late a resident of the Township of Concord in said

County, died on or about the 26 day of October A.D. 1891. leaving an

instrument in writing, hereto attached, purporting to be his last Will and

Testament; That the said Isaac Freese died leaving Mary E. Freese widow

and the following named persons his only next of kin resident of the State of Ohio


Name Degree of Kinship P.O. Address.

I.M. Freese Son Bell point O

Anna Evans Daughter " " "

Catharine Johnson " " " "

John Freshwater Grand-son Industrial Home."

Mary Ehler Grand daughter Columbus "

Sarah Worth Grand daughter " "

Lewis Cullins Grand son Bell point "

George Freshwater " " Hyattville "

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

J.W. Freese
Delaware County Ohio Will Records Vol. 9 1890-1893 (343)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (343)

Description

[page 343]

[corresponds to page 314 of Delaware County Ohio Will Records Vol. 9 1890-93]

314
Isaac Freese' Will

The foregoing application was signed in my presence and sworn to before me,

this 29" day of October A.D. 1891.

N.F. Overturf

Probate Judge


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 29" day of October A.D. 1891.

I.M. freese-


Notice to Heirs.


The State of Ohio } In Probate Court

Delaware County.ss}

In the Matter of the last Will and Testament

of Isaac Freese, deceased.

To Mary Freese- Anna Evans- Catharine

Johnson- John Freshwater- George Freshwater- Lewis Cullins- Sarah

Worth and Mary Ehrler.

You are hereby notified that on the 29 day of

October. A.D. 1891. an instrument of writing, purporting to be the last

Will and Testament of Isaac Freese late of Concord Towhsip

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 4" day of November. A.D. 1891. at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 29" day of October. A.D. 1891.


Return Filed Nov 2/91


The State of Ohio }

Delaware County.ss} I. M. Freese being duly sworn, says

that on the 29", 30" & 31" days of October

A.D. 1891. he served the within notice by delivering a true copy

thereof to the within named Mary Freese- Anna Evans-

Catharine Johnson- John Freshwater- George Freshwater-

Lewis Cullins- Sarah Worth- and Marh Ehrler-

I.M. Freese.

Subscribed in my presence and sworn to before me this 2d day

of Nov. 1891.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (344)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (344)

Description

[page 344]

[corresponds to page 315 of Delaware County Ohio Will Records Vol. 9 1890-93]

315

Isaac Freese' Will

Testimony of Witness Filed Nov- 4/91


In Probate Court } In the Matter of proving the last Will and Testament

Delaware County. Ohio.} of Isaac Frees, Deceased.


The State of Ohio }

Delaware County.ss} W.G. Watson, 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 July. A.D. 1870. and offered for probate as the

last Will and Testament of Isaac Freese, late of Concord Town:

ship, in said County of Delaware, deceased, and saw the said Isaac

Freese, now deceased sign and seal said instrument, and heard him ac:

knowledge the same to be his last Will and Testament, and I, thereup:

on, 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.

W.G. Watson

Sworn to and subscribed by said witness in open Court, this 4"

day of November- A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Signature of Witness to Will Filed Nov-4/91


The State of Ohio }

Delaware County.ss} W.H. Cutler being duly sworn, says that

he was well acquainted with J.E. Hughs

who is now deceased, that he was well acquainted with the hand

writing of the said J.E. Hughs, having often seen him write, that


The State of Ohio }

Delaware County,ss.} W.G. Watson being duly sworn, says that he

was well acquainted with J.E. Hughs

who is now deceased, that he was well acquainted with the hand

writing of the said J.E. Hughs, having often seen him write,

that the signature J.E. Hughs as subscribing witness to the last

Will and Testament of Isaac Freese, deceased, is in the own

proper hand writing and signature of the said J.E. Hughs, who

at the date of said Will was in full life, and resided in Concord

Township in said county.

W.G. Watson

Sworn to before me, and subscribed in my presence, this 4" day of

November- A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Proof of Signature of Witness to Will Filed Nov 7/91


The State of Ohio }

Delaware county,ss} W.H. Cutler being duly sworn, says that

he was well acquainted with J.E. Hughs

who is now deceased, that he was well acquainted with the hand

writing of the said J.E. Hughs having often seen him write, that
Delaware County Ohio Will Records Vol. 9 1890-1893 (345)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (345)

Description

[page 345]

[corresponds to page 316 of Delaware County Ohio Will Records Vol. 9 1890-93]

316
Isaac Freese Will

the signature J.E. Hughs as subscribing witness to the last Will

and Testament of Isaac Freese deceased, is in the own proper hand:

writing and signature of the said J.E. Hughs who at the date of said

Will was in full life, and resided in Concord Township in said

County.

W.H. Cutler

Sworn to before me, and subscribed in my presence, this 4" day of

November A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Journal Entry

November 4" 1891.

In the Matter of the Will }

of Isaac Freese, deceased.} Be it remembered, that heretofore to-wit:

on the 29" day of October- A.D. 1891.

an instrument of writing, purporting to be the last Will and Tes-

tament of Isaac Freese, 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 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 Freese, widow- and I.M. Freese- Anna Evans-

Catharine Johnson- John Freshwater- George Freshwater-

Lewis Cullins- Sarah Worth and Mary Ehrler- 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.G. Watson

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. And J.E. Hughs the other subscribing

witness to said Will having deceased, the signature of the said

J.E. Hughs was duly proven by the oaths of W.G. Watson and

W.H. Cutler whose testimony was reduced to writing and filed

herein, whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Isaac Freese,

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.

Citation ordered and issued to Mary E. Freese, widow of said dece:

dent to elect as to said Will, as required by Law.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (346)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (346)

Description

[page 346]

[corresponds to page 317 of Delaware County Ohio Will Records Vol. 9 1890-93]

317

Isaac Freese Will

Will

Know all men that I Isaac Freese being of sound mind & memor:

y do make & publish this my Will & Testament.

1st

I desire that after my death my personal estate be settled as fol:

lows.

1st All my just debts & funeral expenses be fully paid.

2nd That my son John Freese pay to Stephen Freshwater and

his wife, my daughter Pliny the sum of Three hundred & forty-five

dollars and my son Isaac M. Freese pay to my daughter Pliny

Freshwater the sum of Fifty five dollars these two amounts togeth:

er with what I have already advanced to her making all I desire

my said daughter Pliny to have of my Estate.

3d That my son Isaac M. freese pay to my Grandson Isaac

Cullins the sum of One Hundred Dollars if he shall be alive

this amount together with what I have advanced to his mother

my daughter Loretta Cullins being all I whsh my said estate

to go to her & her heirs.

4. That my son Isaac M. Freese pay to my daughter Lovina

Sager the sum of one hundred Dollars this together with the a:

mount that I have advanced to her & her husband being all I de:

sire them to have of my estate.

In testimony whereof I have hereunto set my hand & seal this

23d day of July. A.D. 1870.
his
Isaac X Freese. {Seal}
mark

Signed by us in his presence

& in the presence of each other

W.S. Watson

J.E. Hughs.
Delaware County Ohio Will Records Vol. 9 1890-1893 (347)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (347)

Description

[page 347]

[corresponds to page 318 of Delaware County Ohio Will Records Vol. 9 1890-93]

318
Jacob Hoskins Will

4967 Journal Entry

November 18th 1891.

In the Matter of the Will }

of Jacob Hoskins, deceased.} This day, an instrument of writing, purporting to

be the last Will and Testament of Jacob

Hoskins, 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 Jane M. Hoskins, widow,

and Alice S. Hoskins- Alonzo F. Hoskins- Ida E. Hoskins- Murry

Hoskins, next of kin of the Testator, resident of the State of Ohio. and it

appearing to the Court that Alonzo F. Hoskins, has in writing waived

notice and consented to the probate of said Will, it is ordered that said ap:

plication be for hearing on the 24" day of November. A.D. 1891, at 1 o'clock

P.M. ~ And it appearing to the Court that H. Hain, one of the sub:

sicibing witnesses to said Will is a resident of Marion County, Ohio.

and is without the jurisdictin of this Court, it is therefore ordered

that a Commission with the Will annexed, issue herein to Freder:

ick C. Freeman of Marion County. Ohio. directing him to take the

deposition of said subscribing witness, and return the same, duly cer:

tified, with all convenient speed, to this Court.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed Nov.18/91

The State of Ohio } In Probate Court

Delaware County,ss.}


In the Matter of the Last }

Will and Testament of Jacob} Application to Admit to Probate

Hoskins, Deceased. ~ }

To the Hon. N.F. Overturf- Judge of the

Probate Court in and for said County.

Your petitioner respectfully represents that

Jacob Hoskins late a resident of the Township of Thompson in said

County, died on or about the 18" day of October. A.D. 1891. leaving an in:

strument in writing, hereto attached, purporting to be his last Will and

Testament: That the said Jacob Hoskins died leaving Jane M. Hoskins

widow, and the following named persons his only next of kin resident of the State Ohio

Name Degree of Kinship P.O. Address

Alice S. Hoskins Daughter Prospect O.

Alonzo F. Hoskins Son Richwood O.

Ida E. Hoskins Daughter Prospect O.

Murry Hoskins Grand- Son Prospect 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 accord:

ing to law of the pending of said proceedings.

Alonzo F. Hoskins
Delaware County Ohio Will Records Vol. 9 1890-1893 (348)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (348)

Description

[page 348]

[corresponds to page 319 of Delaware County Ohio Will Records Vol. 9 1890-93]

319

Jacob Hoskins Will

The foregoing application was signed in my presence and sworn to be:

fore me, this 18" day of November. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


I, the undersigned one of the next of kin of the within named dece:

dent, hereby waive further notice, and consent to the probate of said Will,

Dated this 18" day of November. A.D. 1891.

Alonzo F. Hoskins.


Will

In the name of the Benevolent Father of All - I Jacob Hoskins

of the Township of Thompson and 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 Jane M. Hoskins Tyler in

lieu of her Dower all the Real Estate which I may own at

my Death during her natural life time. She paying all taxes which

may be assessed against the same, and keeping the same in proper re:

pair, and affording my Daughters Alice S. and Ida E. Hoskins a

Home during the time they or either one of may remain unmarried.

Item 2d

I give and bequeath to my beloved wife Jane M. Hoskins all my

personal property of whatever nature or kind. She disposing of a suff:

cient quanity thereof to pay all my honest debts.

Item 3rd

I give and bequeath to my Grand-son- Murry Hoskins son of my

son Oliver S. Hoskins deceased Five Hundred Dollars to be paid

to him, or to his Guardian as the case may be, out of my Real Estate

one year after the Death of my beloved wife Jane M. Hoskins.

Item 4th

I give and bequeath to my Dughters Alice S. and Ida E.

Hoskins each the sum of Five Hundred Dollars one year af:

ter the Death of my beloved wife Jane M. Hoskins out of my Real

Estate.

Item 5th

After paying the above bequests, at the time specified, the remainder

of my - Estate, I wish and desire should be equally divided among

the following of my children, to wit, Alonzo F. Hoskins, Alice

S. Hoskins and Ida E. Hoskins.

I do hereby revoke all former Wills by me made.

In Testimony whereof I have hereunto set my hand and seal this

28th day of September. 1885.

Jacob Hoskins {Seal}


Signed and acknowledged by said Jacob Hoskins as his last will

and Testament in our presence and signed by us in his presence.

Gottlieb Allmendinger

H. Hain.
Delaware County Ohio Will Records Vol. 9 1890-1893 (349)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (349)

Description

[page 349]

[corresponds to page 320 of Delaware County Ohio Will Records Vol. 9 1890-93]

320
Jacob Hoskins Will

Notice

The State of Ohio } In Probate Court.

Delaware County.ss }

In the Matter of the last Will and Testament

of Jacob Hoskins, deceased.

To Alonzo F. Hoskins:

You are commanded to notify Jane

M. Hoskins- Alice S. Hoskins- Ida E. Hoskins- Murry Hoskins

that on the 18" day of November. A.D. 1891 an instrument of writing,

purporting to be the last Will and Testament of Jacob Hoskins,

late of Thompson Township, in said County, deceased, was produced in

said Court, and an applicatin 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 24" day of November. A.D. 1891 at 1

o'clock P.M.

Witness my hand and the seal for said Probate Court, at Del:

aware Ohio, this 18" day of November A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Return Filed Nov. 24/91

The State of Ohio }

Delaware County,ss} Alonzo F. Hoskins being duly sworn, says

that on the 18 day of November. A.D. 1891,

he served the within notice by delivering a true copy thereof to the

within named Jane M. Hoskins- Alice S. Hoskins- Ida E.

Hoskins and Murry Hoskins and Ellen Hoskins mother of

Murry Hoskins a minor.

Alonzo F. Hoskins

Subscribed in my presence and sworn to before me this 24 day of

November. A.D. 1891.

N.F. Overturf

Probate Judge.


Commission Filed Nov. 24/91

To take Testimony of Witness to Will

The State of Ohio }

Delaware County,ss} To Frederick C. Freeman, 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 au:

thority to examine and take the deposition of H. Hain one of the sub:

scribing witnesses to the last Will and Testament of Jacob Hoskins

deceased; and therefore we command you, that at certain days and places

appointed by you, you cause the said H. Hain to be brought before

you, and then and there to examine him on oath or affirmation just

taken before you, touching the due execution of said Will of the said
Delaware County Ohio Will Records Vol. 9 1890-1893 (350)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (350)

Description

[page 350]

[corresponds to page 321 of Delaware County Ohio Will Records Vol. 9 1890-93]

321

Jacob Hoskins Will

Jacob Hoskins and that you reduce such examination to writing

and return the same, together with this Commission and the Will

of the said Jacob Hoskins 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,

at Delaware Ohio this 18" day of November. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Deposition of: Witness to Will Filed Nov 24/91

The State of Ohio }

Marion County, ss } Deposition of H. Hain subscribing witness to the last

Will and Testament of Jacob Hoskins, deceased

late of the County of Delaware State of Ohio, in the matter of said

Will pending in the Probate Court of said County, taken befoe me, a

Commissioner appointed by said Court, pursuant to the annexed Com:

mission, on the 20" day of November 1891. at Prospect Ohio- H. Hain

of lawful age, being by me first duly sworn as hereinafter certified, de:

poses and says that he was present at the execution of the paper before him

bearing date the 18th day of September. A.D. 1885, purporting to be the last

Will and Testament of Jacob Hoskins 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

Jacob Hoskins sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said Jacob

Hoskins 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 Hain


The State of Ohio }

Marion County, ss } I, Frederick C. Freeman duly appointed and com:

missioned by the Probate Court of the County of

Delaware and the State of Ohio, to take the deposition of H. Henry one

of the subscribing witnesses to the last Will and Testament of Jacob

Hoskins, deceased, late of Delaware County, State of Ohio, which

Commission and the said Will are hereto annexed, do hereby certify,

that in pursuance of said Commissions I caused the above named H.

Hain subscribing witness as aforesaid to appear before me, at the time and

place above mentioned; that he was by me first duly sworn to testify the

truth, the whole truth, and nothing but the truth, in relation to the exe:

cution of said Will, and that the deposition by him subscribed as above

set forth, was reduced to writing by me and, also, so written in the presence

of the witness aforementioned, and was subscribed by the said witness 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 20" day of Novem:

ber. A.D. 1891.

F.C. Freeman- Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (351)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (351)

Description

[page 351]

[corresponds to page 322 of Delaware County Ohio Will Records Vol. 9 1890-93]

322\
Jacob Hoskins Will

Journal Entry

November 24" 1891.

In the Matter of the Will }

of jacob Hoskins, deceased.} Be it remembered, that heretofore, to-wit: on

the 18th day of November. A.D. 1891. an in:

strument of writing, purporting to be the last Will and Testament of Jacob

Hoskins, 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 Jane M. Hoskins his widow, and Alice S Hoskins- Alonzo

F. Hoskins- Ida E. Hoskins and Murry Hoskins next of kin of the

Testator, resident of the State of Ohio, pursuant to a former order of this

Court. And the Commission heretofore issued herein to take the tes-

timony of H Hain, one of the subscribing witnesses to said Will of said

Jacob Hoskins deceased, was this day returned, duly executed and the

same was filed herein. And Gottlieb Allmendinger the other subscrib:

ing witness failing to appear, the further hearing of said Will is continued

until the 27' day of November. A.D. 1891. at 10 o'clock A.M.

N.F. Overturf

Probate Judge


Journal Entry

November. 27" 1891

In the Matter of the Will }

of Jacob Hoskins, deceased} It now appearing to the Court that

Gottlieb Allmendinger, the other sub:

scribing witness to the last Will and Testament of said Jacob Hoskins,

now deceased, is a resident of Marion County, Ohio, and is without the

jurisdiction of this court, it is therefore ordered that a Commission,

with the Will annexed, issue herein to F.J. Schultz, of Marion Coun:

ty, Ohio, directing him to take the deposition of said subscribing witness,

and return the same, duly certified, with all convenient speek to this Court.

N.F. Overturf

Probate Judge.


Commission Filed Dec. 1/91

To take Testimony of Witness to Will


The State of Ohio } To F. J. Schultz. Greeting:

Delaware County.ss}

Know Ye, That we, in confidence of your pru:

dence and fidelity, have appointed you, and by these presents do give you full

power and authority to examine and take the deposition of Gottlieb All:

mendinger one of the subuscribing witnesses to the last Will and Testament

of Jacob Hoskins 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 Gottlieb All:

mendinger to be brought before you, and then and there to examine him on
Delaware County Ohio Will Records Vol. 9 1890-1893 (352)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (352)

Description

[page 352]

[corresponds to page 323 of Delaware County Ohio Will Records Vol. 9 1890-93]

323
Jacob Hoskins Will

oath or affirmation first taken before you, touching the due execution of

said Will of the said Jacob Hoskins and that you reduce such ex:

amination to writing, and return the same, together with this Commis:

sion and the Will of the said Jacob Hoskins 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,

at Delaware Ohio, this 27th day of November. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Deposition of Witness to Will Filed Dec 1/91


The State of Ohio }

Marion County, ss } Deposition of Gottlieb Allmendinger, one of

the subscribing witnesses to the last Will

and Testament of Jacob Hoskins deceased, late of the County of

Delaware, State of Ohio, in the matter of said Will pending in

the Probate Court of said County, thaken before me, a Commissioner

appointed by said Court, pursuant to the annexed Commission, on the

28 day of November. 1891. at Marion Ohio, of lawful age, being by me

first duly sworn as hereinafter certified, deposes and says that he was

present at the execution of the paper before him bearing date the 28th

day of September. A.D. 1885, purporting to be the last Will and Tes:

tament of Jacob Hoskins 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

Jacob Hoskins sign and seal said Will, and heard him acknowl:

edge the same to be his last Will and Testament, and that the said

Jacob Hoskins at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not under any restraint.

Gottlieb Allmendinger


The State of Ohio }

Marion County,ss. } I, F. J. Schultz, duly appointed and

commissioned by the Probate Court of the

County of Delaware and the State of Ohio, to take the deposition

of Gottlieb Allmendinger one of the subscribing witnesses to the last

Will and Testament of Jacob Hoskins deceased, late of Dela:

ware County, State of Ohio, which Commission and the said Will

are hereto annexed, do hereby certify, that in pursuance of said Com:

mission, I caused the above named Gottlieb Allmendinger subscrib:

ing witness as aforesaid to appear before me, at the time and place above

mentioned, that he was by me first duly sworn to testify the truth,

the whole truth, and nothing but the truth, in relation to the execution

of said Will, and that the deposition by him subscribed as above set

forth, was reduced to writing by me and, also, so written in the
Delaware County Ohio Will Records Vol. 9 1890-1893 (353)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (353)

Description

[page 353]

[corresponds to page 324 of Delaware County Ohio Will Records Vol. 9 1890-93]

324
Jacob Hoskins Will

presence of the witness aforementioned, and was subscribed by the said witness

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 28 day of November. A.D. 1891.

F.J. Schultz

Commissioner.


Journal Entry

December. 1st 1891.

In the Matter of the Will }

of Jacob Hoskins, deceased.} The Commission heretofore issued

herein to take the testimony of Gottlieb

Allmendinger, one of the subscribing witnesses to the Will of said Jacob

Hoskins, deceased, was this day returned, duly executed, and the same

was filed herein, Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said

Jacob Hoskins, 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, to:

gether with the testimony of the witesses above named, as well as the

proceedings had thereon, be entered of record in this Court.

Citation ordered and issued to Jane M. Hoskins, widow of said

decedent, to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (354)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (354)

Description

[page 354]

[corresponds to page 325 of Delaware County Ohio Will Records Vol. 9 1890-93]

325


Clara B. Conlant's Will


Journal Entry

December 2nd 1891.

In the Matter of the Will }

of Clara B. Constant, deceased} This day, an instrument of writing,

purporting to be the last Will and

Testament of Clara B. Constant, 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 William Clark

Constant- Marie Constant and Emma Gertrude Constant, next

of kin of the Testatrix, resident of the State of Ohio, that said appli:

cation will be for hearing before this Court on the 7th day of December.

A.D. 1891. at 10 o'clock A.M. ~ And it appearing to the Court

that Ann J. Salt, one of the subscribing witnesses to said Will,

is a resident of Saltaire, Clermont County- Ohio, and is without

the jurisdiction of this Court, it is therefore, ordered that a Com:

mission with the Will annexed, issue herein to Harvey Pumph:

rey, of Saltaire, Clermont County, Ohio, directing him to take

the deposition of said subscribing witness, and return the same, duly

certified, with all convenient speed to this Court.

N.F. Overturf

Probate Judge


Application for Probate of Will Filed Dec. 2/91


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

Clara B. Constant, deceased.}

To the Hon. N.F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Clara B. Constant late a resident of the township of Delaware in

said County, died on or about the 24th day of November. A.D. 1891,

leaving an instrument in writing, hereto attached, purporting to be her last

Will and Testament: that the said Clara B. Constant died leaving no

widower, and the following named persons her only next of kin resident of the State of Ohio.


Name Degree of Kinship P.O. Address

William Clark Constant Son Delaware O

Marie Constant Daughter " "

Emma Gertrude Constant " " "


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

Beverly W. Brown
Delaware County Ohio Will Records Vol. 9 1890-1893 (355)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (355)

Description

[page 355]

[corresponds to page 326 of Delaware County Ohio Will Records Vol. 9 1890-93]

326
Clara B. Constants Will

The foregoing application was signed in my presence and sworn to before

me, this 2nd day of December. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Notice

The State of Ohio } In Probate Court

Delaware Coubnty.ss.}

In the matter of the last Will and Testament of

Clara B. Constant, deceased.

I, Beverly W. Brown:

You are commanded to notify William

Clark Constant- Marie Constant and Emma Gertrude Constant-

that on the 2nd day of December. A.D. 1891. an instrument of writing, purport:

ing to be the last Will and Testament of Clara B. Constant, 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 December. A.D. 1891. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court,

at Delaware Ohio, this 2nd day of December. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Return Filed Dec 7/91


The State of Ohio }

Delaware County,ss.} Beverly W. Brown being duly sworn, says that

on the 3rd day of December A.D. 1891. he served

the within notice by delivering a true copy thereof to the within nam:

ed William Clark Constant- Marie Constant and Emma Ger:

trude Constant

Beverly W. Brown

Subscribed in my presence and sworn to before me this 7" day of De:

cember. A.D. 1891

N.F. Overturf

Probate Judge


Commission Filed Dec 7/91


To Take Testimony of Witness to Will

The State of Ohio } To Harvey Pumphrey. Greeting:

Delaware County,ss}

Know Ye, That we, in conficence of your prudence

and authority to examine and take the deposition of Ann J. Salt sub:

scribing witness to the last Will and Testament of Clara B. Con:

stant 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 Ann J. Salt,
Delaware County Ohio Will Records Vol. 9 1890-1893 (356)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (356)

Description

[page 356]

[corresponds to page 327 of Delaware County Ohio Will Records Vol. 9 1890-93]

327

Clara B. Constant's Will

to be brought before you, and then and there to examine her on oath

or affirmation first taken before you, touching the due execution of said

Will of the said Clara B. Constant and that you reduce such

examination to writing, and return the same, together with this

Commission and the Will of the said Clara B Constant 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 O. this 2" day of December A.

D. 1891.

{Seal} N.F. Overturf

Probate Judge


Will

Last Will and Testament of Clara B. Constant of the City

of Delaware Ohio.

I Clara B. Constant of the City of Delaware Ohio,

being of sound and disposing mind do on this 29th day of October.

1891. at my home in Delaware County Ohio make and publish

this my last Will, That is to say

Having heretofore entered into an agreement with my sister Em:

ma Battelle whereby I agreed to care for and support an Aunt

Miss Minerva E. Salt for and during her life, Now therefore wish:

ing to make provision out of my estate for the support and mainten:

ance of her the said Minerva E. Salt, do now direct that such sum

be appropriated out of my estate, not exceeding Eight Hundred (800)

Dollars as may be necessary to furnish a good and comfortable home

for her my said Aunt The said Minerva E. Salt during her

life, and it is my wish and desire if she my said Aunt shall

be pleased to do so. That she be provided such home in some good

and pleasant Home for aged women, but this shall be construed as

making it compulsory upon my said Aunt to go into such home,

leaving it entirely at her option to go into such Home or make

her home with any of her relatives who may be willing to provide

her a good home as aforesaid for said amount hereinbefore specified.

I also give devise and bequeath unto my said Aunt the said

Minerva E. Salt to be paid to her each and every year during

her life by my Executor herein named The sum of Thirty (30)

Dollars to be by her used and expended as she may desire.

I desire that the remainder of my estate after the foregoing re:

quests are provided for be equally divided between my three children

Clark Constant- Marie Constant and Emma G. Constant.

I nominate and appoint Beverly W. Brown executor of this my

last Will, and request that my esteemed friend Joseph B. Bat:

telle of Toledo Ohio in whom I have abiding confidence be ap:

pointed guardian of my said children and manage and care for

both their persons and property.

In witness whereof i have hereunto on this 29" day of Oc:
Delaware County Ohio Will Records Vol. 9 1890-1893 (357)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (357)

Description

[page 357]

[corresponds to page 328 of Delaware County Ohio Will Records Vol. 9 1890-93]

328
Clara B. Constant's Will

tober. 1891. subscribed my name, and declare this to be my last will

and testament.

Clara B. Constant

Signed by Clara B. Constant in the presence of Emma Bat:

telle and Ann J. Salt, and by the said Emma Battell and

Ann J. Salt, at the request of said Clara B. Constant signed

as witnesses in her presence in the presence of each other

Emma C. Battelle

Ann J. Salt.


Deposition of Witness to Will. Filed Dec 7/91


The State of Ohio }

Clermont County.ss.}

Deposition of Ann J. Salt Salt Air

Clermont Co. Ohio, subscribing witness to the last Will and Testament

of Clara B. Constant deceased, late of the County of Delaware

State of Ohio, in the matter of said Will pending in the Probate Court

of said County, taken before me, a Commissioner appointed by said Court

pursuant to the annexed Commission, on the fifth day of December-

1891, at Salt Air, Clermont Co Ohio, appeared before me Ann

J. Salt of lawful age, being by me first duly sworn as hereinafter cer:

tified, deposes and says that she was present at the execution, of the paper

before her bearing date the 29" day of October. A.D. 1891. purporting to

be the last Will and Testament of Clara B. Constant now de:

ceased, whose name is signed at the end thereof, and at the request

of said deceased, subscribed her name to the same as witness in her

presence; that she saw the said Clara B. Constant sign and seal

said Will, and heard her acknowledge the same to be her last Will

and Testament, and that the said Clara B. Constant at the time

of making, signing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint.

Ann J. Salt.


The State of Ohio }

Clermont County.ss.} I, Harvey Pumphrey duly appointed and com:

missioned by the Probate Court of the County

of Delaware and the State of Ohio, to take the deposition of Ann

J. Salt- Salt Air, Clermont Co. Ohio, subscribing witness to

the last Will and Testament of Clara B. Constant, deceased, late

of Delaware County, State of Ohio, which Commission and the

said Will are hereto annexed, do hereby certify, that in pursuance

of said Commission I caused the above named Ann J. Salt

subscribing witness as afore said to appear before me, at the time and

place above mentioned; that she was by me first duly sworn to tes:
Delaware County Ohio Will Records Vol. 9 1890-1893 (358)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (358)

Description

[page 358]

[corresponds to page 329 of Delaware County Ohio Will Records Vol. 9 1890-93]

329

Clara B. Constant's Will

tify the truth, the whole truth, and nothing but the truth, in re:

lation to the execution of said Will, and that the deposition by

her subscribed as above set forth, was reduced to writing by me and,

also, so written in the presence of the witness aforementioned respect:

ively, and was subscribed by the said witness 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 fifth day of December. A.D. 1891.

J.H. Pumphrey

Commissioner


Testimony of Wintess Filed Dec 7/91


In Probate Court } In the Matter of Proving the last Will

Delaware County, Ohio.} and Testament of Clara B. Constant, deceased.


The State of Ohio }

Delaware County.ss.} Emma C. Battelle, being duly sworn

and examined as a witness in the above

entitled matter, says: I was present at the execution of the in:

strument now shown to me, bearing date the 29th day of October

A.D. 1891 and offered for probate as the last Will and Testament

of Clara B. Constant, late of Delaware Township, in said

County of Delaware, deceased, and saw the said Clara B.

Constant, now deceased sign and seal said instrument, and heard

her acknowledge the same to be her 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 re:

straint.

Emma C. Battelle

Sworn to and subscribed by said witness in open Court, this

7th day of December. A.D. 1891.

N.F. Overturf

Probate Judge


Journal Entry

December 7th 1891.

In the Matter of the Will }

of Clara B. Constant, deceased,}

Be it remembered, that heretofore,

to-wit: on the 2d day of December. A.D. 1891. an instrument of

writing, purporting to be the last Will and Testament of Clara

B. Constant, late of Delaware Township, in this County,

deceased, was produced in open Court for probate, and was then
Delaware County Ohio Will Records Vol. 9 1890-1893 (359)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (359)

Description

[page 359]

[corresponds to page 330 of Delaware County Ohio Will Records Vol. 9 1890-93]

330
Clara B. Constant's Will

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

Clark Constant- Marie constant and Emma Gertrude Con:

stant next of kin of the testatrix, resident of the State of Ohio pur:

suant to a former order of this Court. ~ And the Commission

heretofore issued herein to take the testimony of Ann J. Salt, one

of the subscribing witnesses to the Will of said Clara B. Constant

deceased, was this day returned duly executed, and the same was

filed herein; therefore, on this day came Emma C. Battelle the

other subscribing witess 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 her 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 Clara

B. Constant, deceased. That the same was duly executed and at:

tested, 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 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (360)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (360)

Description

[page 360]

[corresponds to page 331 of Delaware County Ohio Will Records Vol. 9 1890-93]

33l

John G. Miller's Will

3979

Application for Probate of Will Filed Dec 24/91

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

John C. Miller, deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that John C. Miller late a resident of the Township of Delaware

in said County, died on or about the 4 day of December A.D. 1891.

leaving an instrument in writing hereto attached purporting to be his

last Will and Testament: That the said John O. Miller decd

leaving Irena M. Miller, widow, and the following named persons his

only next of kin resident of the State of Ohio.

Name Degree of Kinship P. O. Address

Edward Thomson Miller Son Delaware O

John Franklin Miller " Delaware O

Oriel Miller Daughter Oak Harbor 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.

Irena M. Miller

The foregoing application was signed in my presence and sworn

to before me this 14" day of December A.D. 1891.

N. F. Overturf

Probate Judge

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 14 day of December A.D. 1891.

Irena M. Miller

Edward T. Miller

Oriel M. Miller

J. Frank Miller

Probate of Will Filed Dec 24/91

The State of Ohio }

Delaware County ss } In Probate Court

Personally appeared in open Court Harriet

W. Curtiss and Lewis A. Washburn two of the subscribing witness-

es to the last Will and Testament of John C. Miller late of

Delaware Township in said Delaware County, deceased, who being

duly sworn according to law to speak the truth, the whole truth,
Delaware County Ohio Will Records Vol. 9 1890-1893 (361)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (361)

Description

[page 361]

[corresponds to page 332 of Delaware County Ohio Will Records Vol. 9 1890-93]

332

John C. Miller's 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 1st day

December A.D. 1891, purporting to be the last Will and Testament

of John C. Miller now deceased is the Will of said deceased John

C. Miller, that they were present at the execution of said Will and

at the request of the Testator respectively subscribed their names to

same as witnesses in his presence, that they saw the said John C.

Miller 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. Miller at the time of making, signing and sealing said Will

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

Harriet W. Curtiss

Lewis A. Washburn

Sworn to and subscribed by said Witnesses in open Court this 24" day

of December A.D. 1891.

N. F. Overturf

Probate Judge

Journal Entry

December 24" 1891

In the Matter of the Will }

of John C. Miller deceased } This day an instrument of writing pur-

porting to be the last Will and Testa-

ment of John C. Miller, 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 record be given to Irena M. Miller, widow,

and Edward Thomson Miller, John Franklin Miller and Oriel

Miller next of kin of the Testator, resident of the State of Ohio

and thereupon same said widow and next of kin, and in writing waiv-

ed notice and consented to the probate of said Will, therefore, on this

day came Harriet W. Curtiss and Lewis A. Washburn two 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 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 John C. Mil-

ler 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.

This, 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (362)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (362)

Description

[page 362]

[corresponds to page 333 of Delaware County Ohio Will Records Vol. 9 1890-93]

333

John C. Miller's Will

Will

In the name of the Benevolent Father of All, I, John C.

Miller of Delaware, do make and publish this my last will and

testament, as follows:

Item First I give and bequeath to my oldest daughter, Oriel Miller, the fol-

lowing chattels, to wit - The two oil portraits of my self and wife paint-

ed by Bates.

Item Second I give and bequeath to my oldest son, Edward Thomson Miller,

the following chattels, to wit: - The Encyclopedia Britanica, all the

volumes from the first to the last including the whole twenty five vol-

umes. I now on request of his mother bequeath to the aforesaid Ed-

ward F. Miller my silver watch which I have constantly carried

since I traveled the Dunkirk circuit.

Item Third I give and bequeath to my next oldest son, John Franklin Mil-

ler the following chattels, to wit: - The set of oil paintings of my own

father and mother, Christian Miller and Mary Elizabeth Miller,

executed by Bates. I also bequeath to the aforesaid J. F. Miller

my entire collection of coins, and Wheadon's Notes on the New Tes-

tament Scriptures, and such other articles as he and his mother

agree upon.

Item Fourth: - And now I bequeath to my dear companion and wife Mrs. Irena

M. Miller the balance of my property and chattels, including all

such personal effects, and lands, and moneys and papers, including

notes, deeds, mortgages, and all other legal papers as have not been

otherwise bestowed and bequeathed. And I hereby appoint her exec-

utrix of my estate with full and unlimited power to act in that

capacity, without giving bond for the performance of such duties as

may devolve upon her as executrix.

In testimony whereof I hereto subscribe my name and affix my

seal this First day of December A.D. 1891.

{Seal} John C. Miller

Signed and acknowledge by the above named John C. Miller

testator as his last will and testament in our presence, and

signed by us in his presence, and at his request, as subscribing

witnesses to the foregoing last will and testament at the date last

aforesaid

{ Harriet W. Curtiss

Witnesses { Lewis A. Washburn

{ Elizabeth Sampsell
Delaware County Ohio Will Records Vol. 9 1890-1893 (363)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (363)

Description

[page 363]

[corresponds to page 334 of Delaware County Ohio Will Records Vol. 9 1890-93]

334

William F. Wittlinger's Will

Journal Entry

December 22d 1891

In the Matter of the Will of }

William F. Wittlinger, deceased } This day an instrument of writing

purporting to be the last Will and

Testament of William F. Wittlinger, 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 applica-

tion to admit the same to probate and record be given to Mary M

Wittlinger, widow, and John F. Wittlinger - Mary M. Wittlinger

Flora M. Wittlinger Alice A. Wittlinger and Harry G. Wit-

tlinger And said Mary M. Wittlinger, widow, having in writing

waived notice it is ordered that said application be set for hearing

on the 26th day of December A.D. 1891 at 8 o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Dec 22/91

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

William F. Wittlinger, deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that William F. Wittlinger late a resident of the Township of Dela-

ware in said County died on or about the 8 day of December A.

D. 1891, leaving an instrument in writing hereto attached, purporting to

be his last Will and Testament. That the said William F. Wittling-

er died leaving Mary M. Wittlinger, widow, and the following named

persons his only next of kin resident of the State of Ohio

Name Age Degree of Kinship P. O. Address
of
Minor

John F. Wittlinger 11 Son Delaware O

Mary M. Wittlinger 9 Daughter " "

Flora M. Wittlinger 6 Daughter " "

Alice A. Wittlinger 3 Daughter " "

Harry J. Wittlinger 3 mos. 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.

Mary M. Wittlinger

The foregoing application was signed in my presence and sworn

to before me this 22 day of December A.D. 1891

N. F. Overturf Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (364)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (364)

Description

[page 364]

[corresponds to page 335 of Delaware County Ohio Will Records Vol. 9 1890-93]

335

William F. Wittlinger's Will

Waiver of Notice

I the undersigned Widow of the within named decedent, hereby waive

further notice to the probate of said Will.

Dated this 22 day of December A. D. 1891.

Mary M. Wittlinger

Notice

The State of Ohio } In Probate Court

Delaware County, ss. }

In the matter of the last Will and Testament

of William F. Wittlinger, deceased.

To Mary M. Wittlinger:

You are commanded to notify John

F. Wittlinger - Mary M. Wittlinger - Flora M. Wittlinger - Alice A.

Wittlinger and Harry J. Wittlinger that on the 22d day of December

A. D. 1891. and instrument of writing, purporting to be the last Will

and Testament of William F. Wittlinger late of Delaware Township

in said County, deceased, was produced in said Court and an ap-

plication 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 December A. D. 1891 at 8 o'clock A. M.

Witness my hand and the seal of said Probate Court, at

Delaware Ohio, this 22 day of December A. D. 1891.

N. F. Overturf

{Seal} Probate Judge

Return Filed Dec 26/91

The State of Ohio }

Delaware County, ss. } Mary M. Wittlinger being duly sworn, says

that on the 22d day of December A. D. 1891.

she served the within notice by delivering a true copy thereof to

the within named John F. Wittlinger - Mary M. Wittlinger - Flora

M. Wittlinger - Alice A. Wittlinger and Harry J. Wittlinger.

Mary M. Wittlinger

Subscribed in my presence and sworn to before me this 22 day

of December A. D. 1891.

N. F. Overturf

Probate Judge

Probate of Will Filed Dec 26/91

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court Henry R.

Kurrley and James R. Lytle the subscribing witnesses to the

last Will and Testament of William F. Wittlinger 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 noth-

ing but the truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the 5th day of
Delaware County Ohio Will Records Vol. 9 1890-1893 (365)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (365)

Description

[page 365]

[corresponds to page 336 of Delaware County Ohio Will Records Vol. 9 1890-93]

336

William F. Wittlinger's Will

December A. D. 1891, purporting to be the last Will and Testament of

William F. Wittlinger now deceased, is the Will of said deceased Wil=

liam F. Wittlinger 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

F. Wittlinger deceased, sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament and that the said Wil=

liam F. Wittlinger 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 R. Kurrley

James R. Lytle

Sworn to and subscribed by said witnesses in open Court, this

day of December A. D. 1891

N. F. Overturf

Probate Judge

Journal Entry

December 26th 1891 }

In the Matter of the Will of }

William F. Wittlinger, deceased } Be it remembered, that heretofore, to-wit=

on the 22d day of December A. D. 1891

an instrument of writing, purporting to be the last Will and Testament

of William F. Wittlinger, late of Delaware Township, in this County,

deceased, was poduced 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 Mary M.

Wittlinger, widow, and John F. Wittlinger - Mary M. Wittlinger, all

next of kin of the Testator, resident of the State of Ohio, pursuant to

a former order of this Court; therefore, in this day came Henry R.

Kurrley and James R. Lytle - the subscribing witnesses to said

Will, who being duly sworn, thestified to the due executeion 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 afroesaid instrument of writing is the last

Will and Testament of said William F. Wittlinger, 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.

Citation ordered and issued to Mary M. Wittlinger widow of

said decedent, to elect as to said Will, as required by Law.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (366)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (366)

Description

[page 366]

[corresponds to page 337 of Delaware County Ohio Will Records Vol. 9 1890-93]

337

William F. Wittlinger's Will

Will

In The name of The Benevolent Father of All, I William

F. Wittlinger of Delaware, Delaware County Ohio, do make and

publish this my last will and Testament.

Item 1st I desire that all my just debts and charges be paid out of my

estate.

Item 2nd I give and devise to my beloved wife Mary M. Wittlinger all the

rest and residue of my property, both personal and real, absolutely and

unconditionally, forever

Item 3d I do hereby nominate and appoint my said wife Mary M. Wittlinger

executrix of this my last will and Testament, and it is my

will that she shall give no bonds, and that the probate court require

no bonds of her.

Item 4th I desire that no appraismt and not sale of my personal property

be made and that the court of Probate direct the mission of

the same, in pursuance of the Statute in such case provided

I do hereby revoke all former wills by me made.

In Testimony hereof, I have hereunto set my hand and seal

This 5th day of December A. D. 1891

William F. Wittlinger {Seal}

Signed and acknowledged by said William F. Wittlinger

as his last Will and testament in our presence and signed

by us in his presence and at this special instance and request.

Henry R. Kurrley

James R. Lytle
Delaware County Ohio Will Records Vol. 9 1890-1893 (367)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (367)

Description

[page 367]

[corresponds to page 338 of Delaware County Ohio Will Records Vol. 9 1890-93]

338

Lewis Benton's Will

Journal Entry

December 29" 1891

In the Matter of the Will }

of Lewis Benton - deceased } This day an instrument of wirting, pur-

porting to be the last Will and Testament

of Lewis Benton, 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 givin to Loreta Benton, his widow, and Aaron L. Benton -

Isaac M. Benton - Judson M. Benton - Effie E. Arehart - Lewis

E. Benton - Amy M. Reichelderfer - Daniel A. Benton - Emery

J. Benton - and Jennie M. Benton next of kin of the Testator

resident of the State of Ohio. And thereupon said Loreta Benton

widow and Aaron L. Benton - Isaac M. Benton - Judson M.

Benton - Amy Reichelderfer - Lewis E. Benton - Daniel A. Benton

and Emery Benton in writing, waived further notice to the probate of

said Will. It is therefore ordered that said application be set for

hearing before this Court on the 2nd day of January. A. D. 1892

at 10 o'clock A. M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Dec 29/91

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 }

Lewis Benton, Deceased } To the Hon N. F. Overturf, Judge of

the Probate Court in and for said county

Your petitioner respectfully represents that Lewis Benton, late

a resident of the Township of Concord in said County, died on or

about the 21 day of December A. D. 1891 leaving an instrument

in writing, hereto attached, purporting to be his last Will and Tes=

tament; That the said Lewis Benton died leaving Loretta Ben=

ton widow and the following named persons his only next of kin

resident of the State of Ohio.

Name Age of Degree of Kinship P. O. Address

Aaron L. Benton Son East Liberty Ohio

Isaac M. Benton " Bellpoint "

Judson M. Benton " " "

Effie E. Anehart Daugh Hyattville "

Lewis E. Benton Son Bellpoint "

Amy M. Reichelderfer Daugh Hyattville "

Daniel A. Benton 20 Son " "

Emery F. Benton 16 " " "

Jennie M. Benton 11 Daugh " "
Delaware County Ohio Will Records Vol. 9 1890-1893 (368)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (368)

Description

[page 368]

[corresponds to page 339 of Delaware County Ohio Will Records Vol. 9 1890-93]

339

Lewis Benton'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 ac=

cording to law of the pending of said proceedings.

Aaron L. Benton

The foregoing application was signed in my presence and sworn to

before me, this 29" day of December A. D. 1891.

N. F. Overturf

Probate Judge

Wiaiver of Notice

We, the undersigned Widow and Next of Kin of the within named

decedent, hereby waive further notice to the probate of said Will

Dated this 29" day of December A. D. 1891.

her
Loretta X Benton
mark

Aaron L. Benton

Isaac M. Benton

Judson M. Benton

Amy Reichelderfer

Lewis E. Benton

Daniel A. Benton

Emry Benton

Notice

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of the last Will and Testament

of Lewis Benton - deceased.

To Aaron L. Benton:

You are commanded to notify Effie

E. Arehart and Jennie M. Benton that on the 29" day of Decem=

ber. A. D. 1891 an instrument of writing, purporting to be the last

will and Testtament of Lewis Benton late of Concord Township

in said County, deceased, was produced in said Court, and an ap=

plication to admit the same to probate was on the same day made

in said Court. Said applicaton will be for hearing before this

Court on the 2" day of January A. D. 1892 at 10 o'clock A. M.

Witness my hand and the seal of said Probate Court, at

Delaware Ohio, this 29" day of December A. D. 1891.

N. F. Overturf

{Seal} Probate Judge


Return Filed Jan 2/ 92

The State of Ohio }

Delaware County, ss } Aaron L. Benton being duly sworn

says that on the 29" day of Decem=

ber. A. D. 1891, he served the within notice by delivering a true

copy thereof to the within named Effie E. Arehart and

Jennie M. Benton.

Aaron L. Benton
Delaware County Ohio Will Records Vol. 9 1890-1893 (369)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (369)

Description

[page 369]

[corresponds to page 340 of Delaware County Ohio Will Records Vol. 9 1890-93]

340

Lewis Benton's Will

Subscribed in my presence and sworn to before me this 2 day of

January A. D. 1892

N. F. Overturf

Probate Judge

Probate of Will Filed Jany 2/92

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court Clinton C.

Van Fleet and John S. Gill the subscribing witnesses to the last

Will and Testament of Lewis Benton 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 11" day of November A. D. 1890, pur=

porting to be the last Will and Testament of Lewis Bention, now,

deceased, is the Will of said deceased Lewis Benton, 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 Benton deceased, sign and seal

said Will, and heard him acknowledge the saem to be his last Will

and Testament, and that the said Lewis Benton, at the time of making

signing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint.

Clinton C. Van Fleet

John S. Gill

Sworn to and subscribed by said witnesses, in open Court, this

2" day of January A. D. 1892

{Seal} N. F. Overturf

Probate Judge



Probate of Codicil to Will Filed Jany 2/92

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court Frank Bar=

ton and J. E. Arehart the subscribing witnesses to a Cordicil to the

last Will and Testatment of Lewis Benton late of Concord 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 Cordicil to said

Will, depose and say: That the paper before them bearing date

the 14" day of December A. D. 1891, purporting to be a Codicil to

the last Will and Testament of Lewis Benton now deceased,

is a codicil to the Will of said deceased, Lewis Benton, that they

were present at the exectuion of said Cordicil 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

Lewis Benton deceased, sign said Cordicil by mark, and heard

him acknowledge the same to be a Cordicil to his last Will
Delaware County Ohio Will Records Vol. 9 1890-1893 (370)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (370)

Description

[page 370]

[corresponds to page 341 of Delaware County Ohio Will Records Vol. 9 1890-93]

341

Lewis Benton's Will


and Testament, and that the said Lewis Benton at the time of

making and signing said Codicil, was of full age, of sound mind

and memory, and not under any restraint.

Frank Barton

J. E. Arehart

Sworn to and subscribed by said witnesses, in open Court, this

2" day of January A. D. 1892

N. F. Overturf

Probate Judge

Journal Entry

January 2d 1892

In the Matter of the Will }

of Lewis Benton, deceased ~ } Be it remembered that heretofore,

to=wit: on the 29" day of December -

A. D. 1891 an instrument of writing, purporting to be the last

Will and Testament of Lewis Benton, 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 Loreta Benton widow and Aaron L.

Benton, Isaaac M. Benton - Judson M. Benton - Effie E.

Arehart - Lewis E. Benton - Amy M. Reichelderfer - Daniel

A. Benton - Emery J. Benton and Jennie M. Benton 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 JClinton

C. Van Fleet - and John S. Gill the subscribing witnesses

to said Will, who being duly sworn, testified to the due execu-

tion and attestation of said Will, which testimony was re=

duced to writing, by them respectively subscribed, and filed with

said Will, also at same time came Frank Barton and J.

E. Arehart the subscribing witnesses to the Codicil to said

Will, who being duly sworn, testified to the due execution and

attestation of said Codicil to 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 and Codicil thereto,

of said Lewis Benton - 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 therefore, by the Court ordered, that the

said Will and Codicil thereto, 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,

Citation ordered and issued to Loreta Benton, widow of said decedent

to elect as to said Will, as required by Law.

N. F. Overturf, Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (371)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (371)

Description

[page 371]

[corresponds to page 342 of Delaware County Ohio Will Records Vol. 9 1890-93]

342

Lewis Benton's Will

Will

Last Will and Testament of Lewis Benton of Concord Tp.

Delaware County Ohio.

In the name of the Benovolent Father of All - I, Lewis Ben=

ton of concord Tp. Delaware County, Ohio, do make and pub=

lish this my last Will and Testament.

Item First It is my will that all my just debts be paid as herenafter

provided.

Item Second I devise and bequeath to my beloved wife Loretta Benton in lieu

of her dower, the farm on which we now live, situated in the town=

ships of Liberty and Concord Delaware County Ohio, and known

as my homestead farm consiting of 166 2/3 Acres more or less

during her natrual life or, so long as she shall remain my widow.

Also all the stock, household goods furniture, provisions and other

goods and chattels and personal property owned by me at my decease.

Except such as hereinafter specified and mentioned I give and

bequeath to her absolutely. (crossed out - except as hereinafter specified and mention=

ed.)

Item Third I give and devise to my children herein named to-wit: Elmore

L. Benton - Amy A. Reichelderfer wife of George Reichelderfer -

Daniel A. Benton - Tilden E. Benton and Jennie M. Benton

share and share alike. One Hundred Acres of my said Home=

stead farm off of the west end therof - said land so herby devised,

to be sold by my said Executors, after the decease or re-marriage

of my said wife and the proceeds thereof to be deivided between said

children named in this item by said Executors share and share

alike. If however either or any of said children herin named should

die before my decease leaving no children living then the share of

said above devised property to such deceased child is hereby devised

and bequeathed to the remaining children herein named share and

share alike.


Item Fourth I give and devise to my children to-wit: Elmore L. Benton - Amy

A. Reichelderfer - wife of George Reichelderfer - Daniel A.

Benton - Tilden E. Benton - Jennie M. Benton - Leroy A. Ben=

ton - Isaac M. Benton - Judson M. Benton - Effie E. Arehart

wife of Elmer Arehart share and share alike the rest and residue

of my real estate - said land so hereby devised to be sold by my

said executors, after the decease or re-marriage of my said wife,

and the proceeds thereof to be divided between said children named

in this item by said executors share and share alike - If how=

ever either or any of said children herein in this item named

should die before my decease leaving no children living, then the

share of said above divised property to such deceased child is hereby

revised and bequeathed to the remaining children herein named

sare and share alike.

Item Fifth I give and bequeath to all my said children named in Item

Fourth - The balance remaining of the proceeds of Policy I hold

payable to me in the Odd Fellows Beneficial Association

of Piqua Oio for the sum of Three Thousand Dollars and
Delaware County Ohio Will Records Vol. 9 1890-1893 (372)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (372)

Description

[page 372]

[corresponds to page 343 of Delaware County Ohio Will Records Vol. 9 1890-93]

343

Lewis Benton's Will

Policy I hold payable to me in the Odd Fellows Beneficial

Assocation of Columbus Ohio for the sum of One Thousand

Dollars. After my said Executors shall have first paid

all of my just debts and costs of administration out of the proceeds

of said two Policies - said balance to be divided by said Execu=

tors and paid to said children named in Item Fourth share

and share alike.

Item Sixth I give and bequeath to my son Tilden E. Benton - my silver

watch being the one I received from my Uncle Hiram Benton's

Estate - and desire that he keep the same as an heirloom.

Item Seventh It is my will that if any of the Devisees or legatees of this

my last will and testament shall refuse to accept their said De=

vise or legacy - or should litigate the validity of this will, that said

Devisees and Legatees so litigating or contesting the same shall

receive no portion thereof - if any of said Devisees or legatees shall

so litigate the same or refuse to accept their said portion as herein

devised and bequeathed. I hereby give bequeath and devise the por=

tion of said devisee or legatee so contesting to the Devisees and Leg=

atees named in this will - not so contesting share and share alike.

Item Eighth I hereby appoint Judson M. Benton and Elmore L. Benton

Executors of this my last will and testament - with full power to

compromise adjust release and discharge in such manner as

they may deem proper, the debts and claims due me. And I

authorize them to receive the proceeds of The Policies mention=

ed in this my last will and testament and out of said proceeds

to pay all my just debts charges and Funeral Expenses and to

erect a Monument over my grave for myself and my beloved

wife in cost not to exceed the sum of One Hundred Dol=

lars. I hereby authorize and vest in my said Executors the

full power to sell and execute and deliver good and sufficient

deeds of my real estate mentioned in this will and to do and

perform all things necessary and proper to fully carry out the

provisions of this my last will and testament ~ and my said

Executors shall receive for their said services as such Ex-

ecutors the sum of Fifty Dollars each out of my said Estate

and no more.

I hereby revoke all former wills by me made.

In testimony hereof, I have hereunto set my hand and seal

this eleventh day of November A. D. 1890.

Lewis Benton {Seal}

Signed and acknowledge by

said Lewis Benton, as his

last will and testament in

our presence; and signed by

us in his presence.

Clinton C. Van Fleet

John S. Gill

(over)
Delaware County Ohio Will Records Vol. 9 1890-1893 (373)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (373)

Description

[page 373]

[corresponds to page 344 of Delaware County Ohio Will Records Vol. 9 1890-93]

344

Lewis Benton's Will

Codicil to Will

I, Lewis Benton of Concord Tp. Delaware County, Ohio, hiring

made my last will and testament bearing date the 14 day of Nov.

1890, do now make this codicil and direct that it shall be taken

as a part of the same last I do hereby nominate and appoint my

son Aaron L. Benton to be one of my Executors of this my last

will and testament.

In Witness whereof I have hereunto set my hand and seal

this fourteenth day of December. In the year of Our Lord One

thousand Eight hundred and Ninety One.

his
Louis X Benton
mark

The above Instrument consisting of one sheet was at the date

thereof signed sealed published and declared by the said Louis Benton

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 in witnesses

thereto.

Frank Barton Hyattville Ohio

J. E. Arehart Hyattville Ohio
Delaware County Ohio Will Records Vol. 9 1890-1893 (374)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (374)

Description

[page 374]

[corresponds to page 345 of Delaware County Ohio Will Records Vol. 9 1890-93]

345

Silas Pierson's Will

Journal Entry

January 4th 1892

In the matter of the Will }

of Silas Pierson, deceased } This day, an instrument of writing,

purporting to be the last Wil and Tes=

timent of Silas Pierson late of Troy 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 Priscilla Pierson his widow, and

Olive Cowles - Ella C. Karr - Mary L Pierson and Charles

W. Pierson next of kin of the Testator, resident of the State of Ohio,

that said application will be for hearing before this Court on the 6th

day of January A. D. 1892 at 9 o'clock A. M. and thereupon

same said Priscilla Pierson, widow, and Ella C. Karr Mary

L. Pierson and Charles W. Pierson next of kin, and in writing

waived notice to the probate of said Will.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Jan 4/92

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

Silas Pierson - deceased }

To the Hon. N. F. Overturf - Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Silas Pierson, late a resident of this Township of Troy in

said County - died on or about the 28 day of December A. D. 1891,

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament; That the said Silas Pierson,

died leaving Priscilla Pierson - widow, and the following named persons

his only next of kin resident of the State of Ohio.

Name Degree of Kinship P.O. Address

Olive Cowles Daughter Lima Ohio

Ella C. Kan " Delaware Ohio

Mary L. Pierson " " "

Charles W. Pierson Son Cleveland "


Your peitioner 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.

Priscilla Pierson

The foregoing application was signed in my presence and sworn
Delaware County Ohio Will Records Vol. 9 1890-1893 (375)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (375)

Description

[page 375]

[corresponds to page 346 of Delaware County Ohio Will Records Vol. 9 1890-93]

346

Silas Pierson's Will

to before me this 4 day of January A. D. 1892

N. F. Overturf

Probate Judge

Waiver of Notice

We, the undersigned Widow and Next of Kin of the within named de=

cedent, hereby waive further notice to the probate of said Will.

Dated this 4 day of January A. D. 1892.

Priscilla Pierson

C. W. Pierson

Ella C. Karr

Mary L. Pierson

Notice

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of the last Will and Tesa=

ment of Silas Pierson, deceased.

To Olive Cowler: ~ You are notified that

on the 4" day of January A. D. 1892, an instrument of writing,

purporting to be that last Will and Testament of Silas Pierson,

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 applicatoin will be for hearing

before this Court on the 6" day of January A. D. 1892 at 9 o'clock

A. M.

Witness, my hand and the seal of said Probate Court, at Del=

aware, Ohio, this 4 day of January A. D. 1892.

N. F. Overturf

{Seal} Probate Judge

If, the undersigned person within named, hereby acknowledge service

of the within notice this 4 day of January, A. D. 1892.

Mrs. Olive Cowles

Probate of Will Filed Jan. 6/92

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court C. W.

Pierson and W. A. Hall the subscribing witnesses to the last Will

and Testament of Silas Pierson 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 pa=

per before them bearing date the 27" day of December, A. D. 1891,

purporting to be the last Will and Testament of Silas Pierson

not deceased, is the Will of said deceased Silas Pierson, that

they were present at the exeuction of said Will, and at the request
Delaware County Ohio Will Records Vol. 9 1890-1893 (376)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (376)

Description

[page 376]

[corresponds to page 347 of Delaware County Ohio Will Records Vol. 9 1890-93]

347

Silas Pierson's Will

of the Testator respectively subscribed their names to the same as

witnesses, in his presence; that they saw the said Silas Pierson

deceased, sign and seal said Will, and heard him acknowledge the

same to be his last Will and Testament, and that the said Silas

Pierson 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.W. Pierson

W. C. Hall

Sworn to and subscribed by said Witnesses in open Court, this 6"

day of January A. D. 1892.

N. F. Overturf

Probate Judge

Journal Entry

January 6th 1892

In the Matter of the Will }

of Silas Pierson, deceased ~ }

Be it remembered that heretofore,

to-wit: on the 4" day of January A. D. 1892 an instrument of

writing, purporting to be the last Will and Testament of Silas

Pierson, late of Troy Township, 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 Priscilla

Pierson, widow, and Olive Cowles - Ella C. Karr - Mary L.

Pierson and Charles W. Pierson 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. W. Pierson and W. A.

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 afore-

said instrument of writing is the last Will and Testament of

said Silas Pierson, deceased. That the same was duly execut=

ed 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 Priscilla Pierson, widow of said dece=

dent, to elect as to said Will, as required by Law, and thereupon said

widow acknowledged service of said Citation.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (377)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (377)

Description

[page 377]

[corresponds to page 348 of Delaware County Ohio Will Records Vol. 9 1890-93]

348

Silas Pierson's Will


The Last Will and Testament of Silas Pierson of Troy

Township Delaware County, Ohio.

In the name of the Benevolent Father of All I the said Silas

Pierson being of sound and disposing mind and memory, but in fail=

ing health, and considering the uncertainty of continuance of life and de=

siring 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 annualling any and all former will or wills whatso=

ever by me made.

First: I give and bequeath to my beloved wife Priscilla Pierson all my real

property wherever situated and all my personal property of every kind

and description of which I may die possessed of wherever the same

may be situated absolutely; to do and dispose of, both of the real prop=

erty and personal property, as above devised as she may deem best.

Second: I desire my just debts and funeral expenses to be paid by ex=

ecutrix as soon as the same can be conveniently done.

I nominate and appoint my said wife Priscilla Pierson executions

of this my last will and testament and hereby request that the Pro=

bate Court do not require her to make an inventory of my proper=

ty and that he do not require her to execute and file any bond as

such executrix.

In witness whereof I have hereunto set my hand and seal, this

27th day of December in the year eighteen hundred and ninety one.

Silas Pierson

Signed, sealed and acknowledged by said Silas Pierson as and

for his last will and testament in our presence, and subscribed and

attested by us, as witnesses in his presence and at this request.

C. W. Pierson

W. A. Hall
Delaware County Ohio Will Records Vol. 9 1890-1893 (378)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (378)

Description

[page 378]

[corresponds to page 349 of Delaware County Ohio Will Records Vol. 9 1890-93]

349


Ester J. Lewis Will

Journal Entry

January 12" 1892

In the Matter of the Will }

of Ester J. Lewis, deceased~ } This day, an instrument of writing, purporting

to be the last Will and Testament of Ester

J. Lewis, 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 applica=

tion to admit the same to probate and record, be given to Anna Jones - Allie J.

Lewis and Chauncey G. Lewis, next of kin of the Testatrix, resident of the

State of Ohio, that said application will be for hearing before this Court on

the 16th day of January A. D. 1892, at 8 o'clock A. M. , And thereupon came

said Allie J. Lewis and Chauncey F. Lewis, and in writing waived notice to

the probate of said Will.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Jan. `12/92

The State of Ohio }

Delaware County, ss } In Probate Court

In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Esther J. Lewis, deceased }

To the Hon. N. F. Overturf: Judge of the Pro=

bate Court in and for said County:

Your petitioner respectfully respresents that

Ester J. Lewis late a resident of the Township of Delaware in said

County, died on or about the 5" day of January A. D. 1892, leaving an

instrument in writing hereto attached, purporting to be her last Will and

Testament, That the said Ester J. Lewis died leaving no widower and the

following named persons her only next of kin resident of the State of Ohio:

Name Degree of Kinship P.O. Addresses

Anna Jones Half Sister 157 E. 1st Ave. Columbus O.

David R. Lewis " Brother Anna Ill.

William Lewis " " Solomon City Kans.

Allie J. Lewis Sister Delaware O

Chauney G. Lewis Brother " "

Your peitioner 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

Chauncey G. Lewis

The foregoing application was signed in my presence and sworn to before

me, this 12" day of January A. D. 1892.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (379)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (379)

Description

[page 379]

[corresponds to page 350 of Delaware County Ohio Will Records Vol. 9 1890-93]

350

Esther J. Lewis Will

Waiver of Notice

We, the undersigned next of kin of the within named decedent, hereby waive

further notice to the probate of said Will.

Dated this 12 day of January A.D. 1892,

Chauncey G. Lewis

Allie T. Lewis

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testament of

Esther J. Lewis, deceased.

To Chauncey G. Lewis:

You are commanded to notify Anna

Jones that on the 12" day of January A.D. 1892, an instrument of

writing purporting to be the last Will and Testament of Esther J.

Lewis 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 hear-

ing before this Court on the 16" day of January A.D. 1892, at 8 o'clock

A.M.

Witness my hand and the seal of said Probate Court, at Delaware

Ohio, this 12" day of January A.D. 1892.

N. F. Overturf
{Seal}
Probate Judge

I, the undersigned person within named, hereby acknowledge service

of the within notice this 13" day of January A.D. 1892.

Anna M. Jones

Proof of Will Filed Jan'y 16/92

The State of Ohio } In Probatet Court

Delaware County ss }

Personally appeared in open Court A.

Ernest Jones and Margaret Lewis the subscribing witnesses to

the last WIll and Testament of Esther J. Lewis, late of Dela-

ware 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, de-

pose and say: That the paper before them bearing date the eighth

day of April A.D. 1891, purporting to be the last Will and

Testament of Esther J. Lewis now deceased, is the Will of said

deceased, Esther J. Lewis, that they were present at the execu-

tion 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 Esther J. Lewis deceased, sign and

seal said Will, and heard her acknowledge the same to be her

last Will and Testament, and that the said Esther J. Lewis
Delaware County Ohio Will Records Vol. 9 1890-1893 (380)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (380)

Description

[page 380]

[corresponds to page 351 of Delaware County Ohio Will Records Vol. 9 1890-93]

351

Esther J. Lewis Will

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. Ernest Jones

Margaret Lewis

Sworn to and subscribed by said witnesses in open Court this 16"

day of January A.D. 1892.

N. J. Overturf

Probate Judge

Journal Entry

January 16" 1892

In the Matter of the Will }

of Esther J. Lewis, deceased } Be it remembered, that heretofore, to wit:

on the 12" day of January A.D. 1892,

an instrument of writing purporting to be the last Will and Testament

of Esther J. Lewis, 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 Anna Jones, Allie J. Lewis and

Chauncey G. Lewis, 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 A. Ernest Jones and Margaret Lewis 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 Esther J. Lewis, 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


The Last Will and Testament of

Miss Esther J. Lewis of the City of Delaware, Ohio -

In the name of the Benevolent Father of All: I, the said Esther

J. Lewis 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 Brother Chauncey G. Lewis &

to my beloved Sister Allie T. Lewis, both of the city of Delaware
Delaware County Ohio Will Records Vol. 9 1890-1893 (381)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (381)

Description

[page 381]

[corresponds to page 352 of Delaware County Ohio Will Records Vol. 9 1890-93]

352

Esther J. Lewis Estate

Ohio, all the property of which I may be the owner or have any interest

in, at my decease, & in whatsoever form the same may then be in, which

are personal, real, or mixed estate, whether in money, accounts, notes, & mort-

gages, lands or in any other form whatsoever, I give all to them to be

theirs absolutely, with the same right & title thereto, that I have whilst

living: the real estate I devise to them in full fee simple. And, in case

of the decease of either of them before my decease, & without issue, then the

survivor of them, shall have the whole of my estate absolutely, the real es-

tate in full fee simple.

I nominate and appoint the said Chauncey G. Lewis & Allie T. Lewis

is to be the executors of this Will & request that they be not required

to give any bond, or to return to Court any inventory or appraisement of my

estate, or to make any public or private sale thereof & that all be omitted

as far as the law will permit.

In Witness Whereof I have hereunto set my hand and seal, this

eighth day of April in the year eighteen hundred and ninety one.

Esther J. Lewis {Seal}

Signed, sealed and acknowledged by said Esther J. Lewis as and for

her last will and testament, in our presence, and subscribed and attetst-

ed by us, as witnesses, in her presence, and at her request & in the pres-

ence of each other.

A. Ernest Jones

Margaret Lewis
Delaware County Ohio Will Records Vol. 9 1890-1893 (382)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (382)

Description

[page 382]

[corresponds to page 353 of Delaware County Ohio Will Records Vol. 9 1890-93]

353

Gregory Pfiffer's Will

Journal Entry

December 31st 1891.

In the Matter of the Will }

of Gregory Pfiffer, deceased } This day an instrument of writing purport-

ing to be the last WIll and Testament of

Gregory Pfiffer, 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 Mary Pfiffer his widow, and Elizabeth Weinman Margaret Pfiffer,

Joseph Pfiffer - Christina Brown - D Celia Decker - Helen E. Brown - Mary

A. Shisler - Harry Piatt next of kin of said Testator resident of the

State of Ohio. And thereupon said Mary Pfiffer, widow, and Margaret

Pfiffer - Helen E. Brown - Mary A. Shisler and in

writing waived further notice to the probate of said Will: It is therefore or-

dered that said application be for hearing before this Court, on the 16th day

of January A.D. 1892, at 9 o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Dec. 31/91

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

Gregory Pfiffer, deceased }

To the Hon. N. J. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Gregory Pfiffer late a resident of the Township of Delaware in said

County, died on or about the 29 day of December A.D. 1891, leaving

an instrument in writing hereto attached, purporting to be his last

Will and Testament, That the said Gregory Pfiffer died leaving

Mary Pfiffer widow - and the following named persons his only next

of kin resident of the State of Ohio

Name Degree of Kinship P. O. Address

Elizabeth Weinman Daug Columbus O

Margaret Pfiffer " Delaware O

Joseph Pfiffer Son Columbus O

Christina Brown Daug Columbus O

249 West 2" Ave

Celia Decker " " "

Helen E. Brown " Delaware "

Mary A. Shisler " " "

Harry Piatt Grand son Columbus "

Willie Piatt " Unknown

All of full age
Delaware County Ohio Will Records Vol. 9 1890-1893 (383)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (383)

Description

[page 383]

[corresponds to page 354 of Delaware County Ohio Will Records Vol. 9 1890-93]

354

Gregory Pfiffer'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.

Joseph Pfiffer

The foregoing application was signed in my presence and sworn to before

me this 31 day of December A.D. 1891.

N. F. Overturf

Probate Judge

Waiver of Notice

We, the undersigned Widow and Next of Kin of the within named decedent

hereby waive further notice to the probate of said Will

Dated this 31 day of December A.D. 1891.

Miss Margaret Pfiffer

Mrs. Mary Pfiffer

Mrs. Helen E. Brown

Mrs. Mary A. Shisler



Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testament of

Gregory Pfiffer, deceased:

to Elizabeth Weinman - Christina Brown - Celia

Decker and Harry Piatt:

You are hereby notified that on the 31st day of De-

cember A.D. 1891, an instrument of writing purporting to be the last Will

and Testament of Gregory Pfiffer late of Delaware Township in said Coun-

ty 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 Appli-

cation will be for hearing before this Court on the 16" day of January

A.D. 1892, at 9 o'clock A.M.

Witness my hand and the seal of said Probate Court at

Delaware Ohio this 31" day of December A.D. 1891

N. F. Overturf

{Seal} Probate Judge

we the undersigned persons within named, hereby acknowledge service

of the within notice this 31 day of December A.D. 1891

Mrs. Celia Decker Mr. Harry E. Piatt

Mrs. Christina Brown Elizabeth Weinman
Delaware County Ohio Will Records Vol. 9 1890-1893 (384)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (384)

Description

[page 384]

[corresponds to page 355 of Delaware County Ohio Will Records Vol. 9 1890-93]

355

Gregory Pfiffer's Will

Testimony of Witness to Will Filed Jan. 16/92

In Probate Court } In the Matter of Proving the Last Will

Delaware County Ohio } and Testament of Gregory Pfiffer deceased

The State of Ohio }

Delaware County ss } John Shively, 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 14" day of January A.D. 1875, and offered for

probate as the last Will and Testament of Gregory Pfiffer, late

of Delaware Township in said County of Delaware deceased, and saw

the said Gregory Pfeiffer 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.

John Shively

Sworn to and subscribed by said witnesses in open Court, this 16"

day of January A.D. 1892.

N. F. Overturf

Probate Judge

Proof of Signature of Witness to Will Filed Jan. 16/92

The state of Ohio }

Delaware County ss } Charley Miller being duly sworn, says that

he was well acquainted with A. R. Gould

who is now deceased, that he was 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 Gregory Pfeiffer, 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 Delaware,

in said County.

Chay Miller

Sworn to before me and subscribed in my presence, this 16" day of

January A.D. 1892.

N. F. Overturf

Probate Judge

Journal Entry

January 16" 1892

In the Matter of the Will }

of Gregory Pfiffer, deceased } Be it remembered, that heretofore, to wit:

on the 31st day of December A.D.

1891, an instrument of writing, purporting to be the last Will and Tes-

tament of Gregory Pfiffer, late of Delaware Township in this
Delaware County Ohio Will Records Vol. 9 1890-1893 (385)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (385)

Description

[page 385]

[corresponds to page 356 of Delaware County Ohio Will Records Vol. 9 1890-93]

356

Gregory Pfiffer's Will

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 applcation to admit the

same to probate and record in this Court, has been given to Mary

Pfiffer, widow and Elizabeth Weinman - Margaret Pfiffer - Joseph

Pfiffer - Christina Brown - Celia Decker - Helen E. Brown -

Mary A. Shisler - and Harry Piatt 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 John Shively 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

respectively subscribed and filed with said Will, And it appearing to this

Court that A. R. Gould the other subscribing witness to said Will is

now deceased, thereupon Charley Miller appeared in open Court and

was duly sworn and examined according to law touching the genuine-

ness of the signature of said A. R. Gould, attached to said Will, and

his 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 Gregory Pfiffer 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.

Citation ordered and issued to Mary Pfiffer, widow of said decedent,

to elect as to said Will, as required by Law.

N. F. Overturf

Probate Judge

Will

In the name of the Benevolent Father of all, I, Gregory Pfif-

er of the City of Delaware in the County of Delaware, State of

Ohio, being of lawful age, and of sound mind and memory do make &

publish this my last will and testament, hereby revoking and de-

claring null and void any and all last Wills and Testaments or

writings in the nature of last Wills and Testaments heretofore by

me made.

Item 1st - I desire all my just debts to be paid, also my funeral expenses

and expenses incident thereto, and expenses of the Probate Court

in the proof & record of this will, or other expenses incurred in the set-

tlement of my estate, as soon as can reasonably be done after my de-

cease

Item 2nd - I will and bequeath to my beloved wife Mary Pfifer the Home-

sted where we now reside, being In Lot No. 329 (formerly 106) in the

City of Delaware with all the buildings and improvements
Delaware County Ohio Will Records Vol. 9 1890-1893 (386)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (386)

Description

[page 386]

[corresponds to page 357 of Delaware County Ohio Will Records Vol. 9 1890-93]

357

Gregory Pfiffer's Will

therein, to have, hold, occupy and control the same during her natural

life - and that she the said Mary receive all the rents & profits of

said premises during her natural life - I also will & bequeath to

my said wife Mary Pfifer all the furniture and household goods

and other personal property of which I may seized - and if during

the life time of my said wife it shall in her judgment become nec-

essary for her comfortable maintainance and support to sell the said

Real Estate hereinbefore named - I desire her the said Mary to

sell the same at public or private sale as she may deam best, and

without order of Court or appraisement - and that the use such por-

tion or all of the proceeds of said sale as shall be necessary for her com-

fortable support during her natural life - And at her decease and

after deducting an amount sufficient to defray her funeral expen-

ses & all expenses incident thereto - that the remainder of my

estate whether personal or real - or both - shall be divided among my

chldren share and share alike - and I desire my wife Mary

Pfifer to be appointed Executrix of this my last will & Testament

& that she be not required to give bond as such Executrix.

In testimony whereof I hereunto set my hand and seal to this

my last will & Testament this 14th day of January A.D. 1875

Gregory Pfiffer {Seal}

Signed by the said Gregory Pfifer as his last will & testament,

in our presence and by us at his request in his presence and in the

presence of each other this 14th day of January A.D. 1875.

John Shively

Witnesses } A. R. Gould
Delaware County Ohio Will Records Vol. 9 1890-1893 (387)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (387)

Description

[page 387]

[corresponds to page 358 of Delaware County Ohio Will Records Vol. 9 1890-93]

358

Warner Longshore's Will

Journal Entry

Januarty 12" 1892.

In the Matter of the Will }

of Warren Longshore, deceased } This day an instrument of writing, purport-

ing to be the last Will and Testament of

Warner Longshore, late of Trenton 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 Norton Longshore - Harriet Ginn - Taminson Waters -

Mary Longshore and Harmon Longshore, 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 18th day of January A.D. 1892, at 10 o'clock

A.M.

And it appearng to the Court that James F. Duckworth - and

Eliza Duckworth the subscribing witnesses to said Will are both in

feeble health and unable to attend Court, it is therefore ordered that

a Commission, with the Will annexed, issue herein to John Arm-

strong of Delaware County - Ohio, directing him to take the depo-

sitions 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 Filed Jan. 12/92

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

Warner Longshore - deceased }

To the Hon. N. F. Overturf - Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents

that Warner Longshore late a resident of the Township of Trenton

in said County, died on or about the 1st day of January A.D. 1892,

leaving an instrument in writing hereto attached, purporting to be

his last Will and Testament: That the said Warner Longshore

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

Norton Longshore Son Condit O

Elizabeth DeWitt Daughter Iowa

Harriet Ginn " Galena O

Taminson Waters " Dupont O

Mary Longshore " Vans Valley "

Harmon Longshore Son Galena "
Delaware County Ohio Will Records Vol. 9 1890-1893 (388)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (388)

Description

[page 388]

[corresponds to page 359 of Delaware County Ohio Will Records Vol. 9 1890-93]

359

Warner Longshore'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.

I. N. Longshore

The foregoing application was signed in my presence and sworn to

before me, this 12 day of January A.D. 1892.

N. F. Overturf

Probate Judge


Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testa-

ment of Warner Longshore, deceased.

T. I. N. Longshore

You are commanded to notify

Norton Longshore - Harriet Ginn - Taminson Waters - Mary

Longshore and Harmon Longshore that on the 12" day of January

A.D. 1892. an instrument of writing purporting to be the last Will

and Testament of Warner Longshore late of Trenton 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 18" day of January A.D. 1892, at 10 o'clock A.M.

Witness my hand and the seal of said

Probate Court at Delaware, Ohio, this 12" day of January A.

D. 1892.

{Seal} N. J. Overturf

Probate Judge


Return Filed Jan. 18/92

The State of Ohio }

Delaware County ss } I. N. Longshore being duly sworn, says,

that on the 13" day of January A.

D. 1892, he served the within notice by delivering a true copy

thereof to the within named Norton Longshore - Taminson

Watters - Harriet Ginn - Mary Liongshore and Harmon

Longshore.

I. N. Longshore

Subscribed in my presence and sworn to before me this 18 day

of January A.D. 1892.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (389)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (389)

Description

[page 389]

[corresponds to page 360 of Delaware County Ohio Will Records Vol. 9 1890-93]

360

Warner Longshore's Will

Commission

To Take Testimony of Witness to Will

The State of Ohio } To John Armstrong. 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 James F. Duck-

worth and Eliza Duckworth subscribing witnesses to the last Will and

Testament of Warner Longshore hereto annexed, late of the County of

Delaware, in the State of Ohio, deceased: and therefore we comand you,

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

James F. Duckworth and Eliza Duckworth 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 Warner

Longshore and that you reduce such examination to writing, and return

the same, together with this Commission and the Will of the said War-

ner Longshore thereto annexed, closed up under your seal, into our said

Probate Court with all convenient speed.

In Testimony Where of, I, N. F. Overturf

Judge of the said Court have hereunto set my hand and affixed the

seal of said Court, at Delaware O., this 12" day of January.

A.D. 1892.

N. F. Overturf

{Seal} Probate Judge


Will

In the name of our Heavenly Father I Warner Longshore of Dela-

ware County Ohio In view of the uncertainty of life and the certainty

of Death do make and publish this my last Will and Testament.

Item 1st I direct that all my just debts and funeral expenses be paid.

Item 2nd I direct that any Executor or Administrator as soon after my death

as circumstances will admit proceed to sell at public or pribate sale

as he may think best all my property both real and personal and to

give deeds giving such terms as he may think best not extending

time of deferred payments on the land more than three years

Item 3rd I direct my said executor or administrator to collect the proceeds of

the sale of real and personal property and pay the debts as soon as

possible and divide the balance of my estatet into six equal shares and

pay one equal share to each of my six children or the heirs of their own

boddies to wit: Norton Longshore - Elizabeth DeWitt - Harriet Ginn

Tamison Watters - Mary Longshore and Harmon Longshore.

Item 4th Having given my daughter Mary Longsho0re my two notes for Two

Hundred ($200) Dollars and one Hundred ($100) Dollars respectively I

direct my said executor or administrator to pay said notes and inter-

est as soon as he shall have sufficient funds belonging to my estate

to pay the same.

Item 5th I hereby appoint I. N. Longshore Executor of this my last Will and testament

In Testimony whereof I have hereunto set my hand and seal this 22nd
Delaware County Ohio Will Records Vol. 9 1890-1893 (390)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (390)

Description

[page 390]

[corresponds to page 361 of Delaware County Ohio Will Records Vol. 9 1890-93]

361

Warner Longshore's Will

day of March. A.D. one thousand Eight Hundred and Eighty Nine (1889)

Warner Longshore {Seal}

We J. F. Duckworth and Eliza Duckworth hereby certify that Warner

Longshore signed the above instrument of writing in our presence as his Will

and that we hereby sign the same in his presence and at his request

This 22nd day of March A.D. 1889.

James F. Duckworth

Eliza Duckworth

Deposition of Witnesses to Will Filed Jan. 18/92

The State of Ohio }

Delaware County ss } Deposition of James F. Duckworth and Eliza

Duckworth subscribing witnesses to the last Will

and Testament of Warner Longshore deceased, late of the County of Dela-

ware State of Ohio, in the matter of said Will pending in the Probate

Court of said County, taken before me, a Commissioner appointed by said

Court, pursuant to the annexed Commission, on the 14" day of January

1892 at their home - James F. Duckworth and Eliza Duckworth of

lawful age being by me first duly sworn as hereinafter certified depose and say

that they were present at the execution of the paper before them beaing

date the 22 day of March A.D. 1889, purporting to be the last Will and

Testament of Warner Longshore now deceased, whose name is signed at the

end thereof, and at the request of said deceased, subscribed their names to the

same as witnesses in his presence, that they saw the said Warner Longshore

sign and seal said Will, and heard him acknowledge the same to be his

last Will and Testament and that the said Warner Longshore 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 F. Duckworth

Eliza Duckworth

The State of Ohio }

Delaware County ss } I John Armstrong duly appointed and

commissioned by the Probate Court of the

County of Delaware and the State of Ohio to take the deposition

of James F. Duckworth and Eliza Duckworth subscribing wit-

nesses to the last Will and Testament of Warner Longshore, de-

ceased, late of Delaware County, State of Ohio, which Commission

and the said Will are hereto annexed, do hereby certify, that in pur-

suance of said Commission I caused the above named James F.

Duckworth and Eliza Duckworth subscribing witnesses as aforesaid

to appear before me, at the time and place above mentioned, that they

were by me first duly sworn to testify the truth, the whole truth and

nothing but the truth in relation to the execution of said Will, and

that the deposition by them respectively subscribed as above set forth, were

reduced to writing by me and also as written in the presence of the

witnesses aforementioned respectively and was subscribed by the said wit-

nesses in my presence and I further certify that I am not Counsel
Delaware County Ohio Will Records Vol. 9 1890-1893 (391)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (391)

Description

[page 391]

[corresponds to page 362 of Delaware County Ohio Will Records Vol. 9 1890-93]

362

Warner Longshore's Will

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 14" day of January A.D. 1892.

John Armstrong

Commissioner


Journal Entry

January 18" 1892.

In the Matter of the Will }

of Warner Longshore - deceased } Be it remembered that heretofore, to wit:

on the 12" day of January A.D. 1892, an

instrument of writing, purporting to be the Last Will and Testament of

Warner Longshore, 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 Norton Longshore - Harriet

Ginn - Taminson Waters - Mary Longshore - and Harmon Longshore

next of kin of the Testator, resident of the State of Ohio - pursuant to a

former order of this Court. And the Commission heretofore issued

herein to take the testimony of James F. Duckworth and Eliza Duck-

worth, the subscribing witnesses to the Will of said Warner Longshore,

deceased, was this day returned, duly executed and the same was filed

herein. Whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Warner Longshore,

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 resterant.

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
Delaware County Ohio Will Records Vol. 9 1890-1893 (392)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (392)

Description

[page 392]

[corresponds to page 363 of Delaware County Ohio Will Records Vol. 9 1890-93]

363

Sarah Vining's Will

Journal Entry

January 19th 1891

In the Matter of the Will }

of Sarah Vining - deceased } This day an instrument of writing,

purporting to be the last Will and Tes-

tament of Sarah Vining, late of Delaware Township in this Coun-

ty, deceased, was produced in open Court for Probate. On considera-

tion 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 Elam C. Vining, widower, and Sa-

ra Bell Smith and Anna E. Clark, next of kin of the Testatrix,

resident of the State of Ohio, and thereupon came said Elam C. Vin-

ing and Sara Bell Smith and Anna E. Clark and in writing

waived further notice to the probate of said Will. Therefore on this

day came James R. Lytle 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 writing, by him

subscribed and filed with said Will.

And it appearing to the Court that Barton Griffith, the other

subscribing witness to said Will is a resident of Columbus, Frank-

lin County Ohio, and is without the jurisdiction of this Court, it

is therefore ordered that a Commission with the Will annexed

issue herein to Cyrus Huling, of Franklin County Ohio, directing

him to take the deposition of said subscribing witness, and return the

same, duly certified, with all convenient speed to this Court.

N. F. Overturf

Probate Judge


Application for Probate of Will Filed Jan. 19/92

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the Last }

Will and Testament of }

Sarah Vining - deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Sarah Vining, late a resident of the Township of Delaware

in said County, died on or about the 6th day of January A.D. 1892,

leaving an instrument in writing, hereto attached, purporting to be

her last Will and Testament. That the said Sarah Vining died

leaving Elam C. Vining widower and the following named persons

her only next of kin resident of the State of Ohio:

Name Degree of Kinship P. O. Address
Delaware County Ohio Will Records Vol. 9 1890-1893 (393)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (393)

Description

[page 393]

[corresponds to page 364 of Delaware County Ohio Will Records Vol. 9 1890-93]

364

Sarah Vining's Will


Sara Bell Smith Daughter Delaware Ohio

Anna E. Clark " " "

Emmalette Arrighi " No 458. Hancock St. Brook:

lin. New York.

Cora V. Achor Grand-daughter No 380 6th St.

Mable Achor " " Brooklin New york

Paul Green Grand Son Sun Set - Texas


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.
his
Witness. James R. Lytle Elam C. X Vining
mark

the foregoing application was signed in my presence and sworn to before

me, this 18th day of January. A.D. 1892.

James R. Lytle

{Seal} Notary Public in and for

Delaware County. Ohio.


Waiver

We, the undersigned Widower and Next of Kin of the within nam:

ed decedent, hereby waive further notice to the probate of said Will.

Dated this 18th day of January. A.D. 1892.

Witness. Sara Bell Smith

James R. Lytle Anna E. Clark-
his
J.O. Smith Elam C. X Vining
mark


Testimony of Witness to Will Filed. Jan 19/92


In Probate Court } In the Matter of Proving the Last Will and Testament

Delaware County. Ohio} of Sarah Vining. deceased.


The State of Ohio }

Delaware County.ss.} James R. Lytle, 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 12" day of September. A.D. 1887 and

offered for probate as the last Will and Testament of Sarah Vining

late of Delaware Township, in said County of Delaware deceased, and

saw the said Sarah Vining, now 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, 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.

James R. Lytle

Sworn to and subscribed by said wintess in open Court, this 19" day

of January. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (394)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (394)

Description

[page 394]

[corresponds to page 365 of Delaware County Ohio Will Records Vol. 9 1890-93]

365

Sarah Vining's Will

Commission

To take Testimony of Witness to Will

The State of Ohio } To Cyrus Huling- 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

Barton Griffith, one of the subscribing witnesses to the last Will

and Testament of Sarah Vining hereto annexed, late of the County of

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

that at a certain days and places appointed by you, you cause the said

Barton Griffith to be brought before you, and then and there to ex:

amine him on oath or affirmation first taken before you, touching

the due execution of said Will of the said - Sarah Vining, and that

you reduce such examination to writing, and return the same, together

with this Commission and the Will of the said Sarah Vining

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

with all convenient speed.

In testimony Whererof, I, N.F. Overturf-

Judge of the said Court, have hereunto set my hand and affixed

the seal of said court, at Delaware O. this 19" day of January.

A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


Will

In the name of the Benevolent Father of all; I Sarah Vining

of the City of Delaware County of Delaware and state of

Ohio do make and publish this my last Will and Testament.

Item Ist

It is my will and desire that all my just debts and funeral

charges be paid out of my estate.

Item II.

I give and devise to my beloved husband Elam C. Vining the

house and lot in which we reside in the City of Delaware Ohio,

all my household goods and kitchen furniture and all my goods

and chattels of whatever nature and kind to have hold and use the

same during his natural life. And it is my Will and desire

that, should my said husband need the same for his support, he

may sell and dispose of my household and kithchen furniture and

all my goods and chattels together with my said real estate, the

home in which we now reside as aforesaid.

Item III

After the payment of my just debts and funeral charges and

at the decease of my said husband Elam C. Vining should any:

thing remain of my said estate, I give and devise to my grand:

son Paul Green One Hundred Dollars ($100.00)

Item IV

At the decease of my said husband and after the payments of my

said debts and funeral charges and the legacy aforesaid I give and

devise to my daughter Sara Bell Smith one-fourth (1/4) part

of what still remains of my said estate.
Delaware County Ohio Will Records Vol. 9 1890-1893 (395)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (395)

Description

[page 395]

[corresponds to page 366 of Delaware County Ohio Will Records Vol. 9 1890-93]

366

Sarah Vining's Will

To my daughter Anna E. Clark one fourth (1/4) part-

To my daughter Emmalette Arrighi one fourth (1/4) part-

and to my daughter Mary E. Achor one fourth part-

Item V

I do hereby nominate and appoint my said Husband Elam C. Vining

Executor of this my last Will and testament- hereby authorizing him

to 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 or for his sup:

port or comfort 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.

I desire that no appraisement and no sale of my personal property be

made and that my said executor shall not be required to enter into

bond for the faithful discharge of his duties. And that the Court of

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

I do hereby revoke all former wills by me made.

In testimony whereof I hereto set my hand and seal this 12" day of

September. A.D. 1887.

Sarah Vining. {Seal}


Signed and acknowledged by said Sarah Vining as her last Will

and testament in our presence; and signed by us in her presence, and

at her special instance and requiest.

Barton Griffith

James R. Lytle


Deposition of Witness to Will Filed Jan. 22/92


The State of Ohio }

Franklin County.ss } Deposition of Barton Griffith subscribing

witness to the last Will and Testament of

Sarah Vining deceased, late of the County of Delaware, State of

Ohio, in the matter of said Will pending in the Probate Court of said

County, taken before me, a Commissioner appointed by said Court, pur:

suant to the annexed Commission, on the 21 day of January 1892- at

Room 57 Board of Trade Building Columbus Ohio, of lawful age-

being by me first duly sworn as hereinafter certified, deposes and says that

he was present at the execution of the paper before him bearing date the

12" day of September. A.D. 1887, purporting to be the last Will and

Testament of Sarah Vining 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 Sarah

Vining sign and seal said Will, and heard her acknowledge the same to

be her last Will and Testament, and that the said Sarah Vining at

the time of making, signing and sealing said Will, was of full age,

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

Barton Griffith.
Delaware County Ohio Will Records Vol. 9 1890-1893 (396)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (396)

Description

[page 396]

[corresponds to page 367 of Delaware County Ohio Will Records Vol. 9 1890-93]


367

Sarah Vining's Will

The State of Ohio }

Franklin copunty.ss} I Cyrus Huling duly appointed and commission:

ed by the Probate Court of the County of Delaware

and the State of Ohio to take the deposition of Barton Griffith one of the

subscribing witnesses to the last Will and Testament of Sarah Vining

deceased, late of Delaware County, State of Ohio, which Commission and

the said Will are hereto annexed, do hereby certify, that in pursuance

of said Commission I caused the above named Barton Griffith one of

the subscribing witnesses as aforesaid to appear before me, at the time and

place above mentioned; that he was by me first duly sworn to testify the

truth, the whole truth, and nothing but the truth, in relation to the execu:

tion of said Will, and that the deposition by him subscribed as above

set forth, was reduced to writing by me and, also, as written in the presence

of the witnesses aforementioned, and was subscribed by the said witness 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 21" day

of Janauay A.D. 1891.

Cyrus Huling

Commissioner


Journal Entry

January. 22d 1892.

In the Matter of the Will }

of Sarah Vining, deceased~} The Commission heretofore issued herein

to take the testimony of Barton Grif:

fith, one of the subscribing witnesses to the Will of said Sarah Vining

deceased, was this day returned, duly exeucted, 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 Barton Griffith, that

the aforesaid instrument of writing is the last Will and Testament of

said Sarah Vining, 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 Elam C. Vining, widower of said dece:

dent, to elect as to said Will, as is required by Law.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (397)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (397)

Description

[page 397]

[corresponds to page 368 of Delaware County Ohio Will Records Vol. 9 1890-93]

368

John W. Cone's Will

Journal Entry

January. 9th 1892.

In the Matter of the Will }

of John W. Cone- deceased } This day, an instrument of writing, pur:

porting to be the last Will and Testament

of John W. Cone, 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 John A. Cone- M. Almira Smith- Levonia A. Utz- Titus K.

Cone- William J. Cone- Frank P. Cone- James J Cone- Harriett J.

Peet and Grace C. McClure, 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 January. A.D. 1892. at 10 o'clock A.M., And there:

upon came said John A. Cone- Frank P. Cone and James J. Cone

next of kin and in writing, waived Notice to the probate of said Will.

N.F. Overturf

Probate Judge


Application for Probate of Will Filed Jan. 9/92


The State of Ohio } In Probate Corut

Delaware County.ss}


In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

John W. Cone.~ deceased. }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that John W. Cone late a resident of the Township of Thompson in

said County, died on or about the 24th day of November. A.D. 1891 leav:

ing an instrument in writing, hereto attached, purporting to be his last

Will and Testament; That the said John W. Cone died leaving no

widow and the following persons his only next of kin resident of

the State of Ohio.


Name Age of Degree of Kinship P.O. Address
Minors

Jno. A. Cone Son Radnor Ohio

M.Almira Smith Daughter Radnor Ohio

Levonia A. Utz Daughter Radnor Ohio

Titus K. Cone Son Radnor Ohio

William J. Cone Son Radnor Ohio

Frank P. Cone Son Radnor Ohio

James J. Cone Son Radnor Ohio

Harriett J. Peet Daughter Richwood Ohio

Grace C. McClure 11 years Grand Daughter Delaware Ohio

" And also Non residents of the State of Ohio

Allen W. Cone Lawrence Kansas

Thomas B. Cone Wellsville Kansas
Delaware County Ohio Will Records Vol. 9 1890-1893 (398)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (398)

Description

[page 398]

[corresponds to page 369 of Delaware County Ohio Will Records Vol. 9 1890-93]

369

John W. Cone's Will

Your petitioner prays that a time may be fixed for proving of said

Will, and that said above named persons may be notified according

to law of the pending of said proceedings

Jno. A. Cone

The foregoing application was signed in my presence and sworn to before

me, this 9th day of January. A.D. 1892.

N.F. Overturf

Probate Judge


Waiver of Notice

We, the undersigned, next of kin of the within named decedent, hereby

waive further notice to the probate of said Will

Dated this 9" day of January. A.D. 1892.

Jno. A. Cone

Frank P. Cone

James J. Cone.


Notice

The State of Ohio } In Probate Court

Delaware County ss.}

In the matter of the last Will and Testament

of John W. Cone, deceased.

To John A. Cone:

You are commanded to notify M. Al:

mira Smith, Lovina A. Utz- Titus R. Cone- William J. Cone

Harriett J. Peet- Grace C. McClure that on the 9" day of Januar:

y- A.D. 1892 an instrument of writing, purporting to be the last Will

and Testament of John W. Cone late of Thompson Township- in said

County, deceased, was produced in said 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 23rd day

of January. A.D. 1892, at 10 o'clock A.M.

Witness, my hand and the seal of said Probate Court,

at Delaware, Ohio this 9" day of January. A.D. 1892.

N.F. Overturf

{Seal} probate Judge


Return Filed Jan 26/92

The State of Ohio }

Delaware County.ss.} Jno A. Cone being duly sworn, says that on

the 9th day of January. A.D. 1892, he served

the within notice by delivering a true copy thereof to the within nam:

ed Grace C. McClure-

Jno. A Cone.

Subscribed in my presence and sworn to before me, this 23d day of

January. A.D. 1892.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (399)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (399)

Description

[page 399]

[corresponds to page 370 of Delaware County Ohio Will Records Vol. 9 1890-93]


370
John W. Cone's Will

We the undersigned persons within named, hereby acknowledge service of

the within notice this day of January A.D. 1892.

Titus K. Cone William J. Cone

M. Almira smith Livonia A. Utz.

Hattie J. Peet


Probate of Will Filed Jan 23/92


The Staste of ohio } In Probate Court

Delaware County ss.}

Personally appeared in open Court Prior Cox

and Margaretta C. Cox the subscribing witnesses to the last Will and

Testament of John W. Cone 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 7" day of November- A.D. 1891 purporting to be the

last Will and Testament of John W. Cone now deceased, is the Will

of said deceased, John W. Cone 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 W. Cone now deceased, sign and seal said Will, and

heard him acknowledge the same to be his last Will and Testament,

and that the said John W. Cone at the time of making, signing, and

sealing said Will, was of full age, of sound mind and memory, and not under

any restraint.

Prior Cox

Margaretta C. Cox.

Sworn to and subscribed by said witnesses, in open Court, this 23rd

day of January A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


Journal Entry

January. 23d 1892.

In the Matter of the Will }

of John W. Cone, deceased.} Be it remembered, that heretofore, to-wit:

on the 9th day of January. A.D. 1892.

an instrument of writing, purporting to be the last Will and Tes:

tament of John W. Cone, late of Thompson Township, in this Coun:

ty, deceased, was produced in open Court for probate, and was then filed.

And it now being shown to the satisfactin 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

A. Cone- M. Almira Smith- Livonia A. Utz- Titus K. Cone-

William J. Cone- Frank P. Cone- James J. Cone- Harriett

J. Peet and Grace C. McClure next of kin of the testator, resi:

dent of the State of Ohio pursuant to a former order of this Court;

thererfore, on this day came Prior Cox and Margaretta C. Cox
Delaware County Ohio Will Records Vol. 9 1890-1893 (400)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (400)

Description

[page 400]

[corresponds to page 371 of Delaware County Ohio Will Records Vol. 9 1890-93]


371

John W. Cone's Will

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 W. Cone, 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, 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 or record in this

Court.

N.D. Overturf

Probate Judge.


Will

Page No. 1

I, John W. Cone, of Thompson Township, Delaware County, Ohio,

realizing the uncetainty of life, and desiring to make an equitable disposition

of my property among my children, and being of sound and disposing mind and

memory, do make and pupblish the following as my last Will and Testa:

ment.

Item First. I will and direct that my just debts be paid out of my estate

Item Second. I give devise and bequeath to my son Titus K. Cone in fee

simple the farm situated in Thompson Township, Delaware

County, Ohio, commonly known as the Weaver Farm, and being the premi:

ses heretofore purchased by me from the John Weaver heirs, and containing

about Ninety Eight (98) Acres, more or less.

Item Third: I give, devise and bequesth to my son William J. Cone,

Page 2.

in fee simple, the Farm situated in Thompson Township, Delaware

County, Ohio, commonly known as the Cochran Farm, and being the

premises heretofore purchased of James Cochran and containing Ninety

Nine (99) Acres more or less.

Item Fourth. I give, devise and bequeath to my son Frank P. Cone

in fee simple the Farm situated in Thompson Town:

ship, Delaware County Ohio, commonly called the Shreyer Farm and

being the premises heretofore purchased by me from Henry Havenstine,

and containing about One Hundred and Twelve (112) Acres, more or less;

subject however to the condition that my said son Frank P. Cone shall

pay to the exeuctors or administrators of my estate, the sum of One

Thousand Dollars ($1000.) which $1000 shall be of the assets of my estate.

Item Fifth. I give and devise and bequeath to my son James J. Cone

the Farm in fee simple in Radnor Townshuip, Dela:

ware County, Ohio, commonly known as the John T. Arnold place and

being the premises purchased from John T. Arnold, and containing

Eighty four (84) Acres, more or less.

Item Sixth. I give, devise and bequeath to my two sons Allen

W. Cone and John A. Cone, and to my three

daughters M. Almira Smith, Livonia A. Utz. and Harriett J. Peet

the farm situated in thompson Township. Delaware County Ohio,
Delaware County Ohio Will Records Vol. 9 1890-1893 (401)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (401)

Description

[page 401]

[corresponds to page 372 of Delaware County Ohio Will Records Vol. 9 1890-93]

372

John W. Cone's Will

known as the Pitts farm, and heretofore puprchased by me from Elizabeth

Pitts, containing Eighty (80) more or less; and also the undivided one

half of the so called Cunningham farm, which I own situated in Thomp:

son Township, Delaware County. Ohio, and being the premises heretofore

Page 4

purchased from James P. Cunningham, the whole of said farm contain:

ing one hundred six & a half (106 1/2) Acres, more or less, the said two par:

sels of land to be shared by my said last named two sons & my said three

daughters in equal portions.

Item Seventh- I give and bequeath to my Grand daughter Grace Mc

Clure, daughter of my deceased daughter Mary Salome

Two Hundred Dollars ($200) to be paid out of my estate to John McClure

her father, to be by him kept as a personal trust for said Grace until she

shall arrive at her majority, without the formality of his being appointed as

Trustee or Guardian.

Item Eighth. I give devise and bequeath to my said two sons Allen

W. Cone and John A. Cone, and my said three daugh:

ters, M. Almira Smith Livonia A. Utz and Harriett J. Peet all the

rest and residue of my estate Real and personal share and share alike, and

hereby declare them to be the resisuary legateer of my estate.

Item Ninth. I desire to state that the reason that I have not named

my son Thomas B. Cone, now my deceased son Nelson

W. Cone in this my last Will and Testament is, because I assisted

them, years ago, to the extent of the value of the legacies and bequests that

my other children get under this will.

Item Tenth I hereby direct, that at my decease, this Will shall be

presented and offered for Probate and record in the proper Court;

and that my above named residuary legatees shall determine among them:

selves what one or more of them or other person or persons shall be appointed

Administrator or Administrators with the Will annexed; and I furth:

Page 6

er direct that in case either of said legatees one or more, or the husband

of one or more of my said daughters shall take said appointment, there shall

not be paid them further compensation than actual expenses and

reasonable pay for the time required to attend to the business

The foregoing Will is written on two sheets of paper, and the pages are num:

bered from one to six inclusive.

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 7th day of November 1891.

John W. Cone {Seal}

Signed by the said John W. Cone in our presence, and by him declared

to be his last Will and Testament in our hearing, and signed by us a

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

other, this 7" day of November 1891.

Prior Cox

Margaretta Cox
Delaware County Ohio Will Records Vol. 9 1890-1893 (402)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (402)

Description

[page 402]

[corresponds to page 373 of Delaware County Ohio Will Records Vol. 9 1890-93]

373

Daniel Sheets Will

Journal Entry

January 23d 1892

In the Mater of the Will }

of Daniel Sheets, deceased } This day an insturment of writing, pur-

porting to be the last Will and Testament

of Daniel Sheets, late of Brown 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 notice

thereof, and of the application to admit the same to probate and record, be

given to Malinda Sheets, widow, and Joseph Sheets - Samuel Sheets -

Ora Clay - Mary Morris - Loren Sheets - Lillian Sheets - Ellen

Russell - Ray Roof and Eva Roof next of kin of the Testator -

resident of the State of Ohio - that said application will be for hearing

before this Court on the 2d day of February A.D. 1892, at 10

o'clock A.M., and thereupon came said Samuel T. Sheets and in

writing waived further notice to the probate of said Will.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Jan. 23/92

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

Daniel Sheets, deceased }

To the Hon. N. F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Daniel Sheets late a resident of the Township of Brown in said

County died on or about the 9" day of January A.D. 1892, leaving

an instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said Daniel Sheets died leaving Malinda

Sheets widow and the following named persons his only next of kin

resident of the State of Ohio

Name Degree of Kinship P. O. Address

Joseph Sheets Son Kilbourne Ohio

Samuel T. Sheets " " "

Ora Clay Daughter " "

Mary Morris " " "

Loren Sheets Grand child Ostrander "

Lillian Sheets " " "

Ellen Russell Daughter Springfield "

Ray Roof Grand child Berkshire Ohio

Eva Roof " " "

Your petitioner prays that a time may be fixed for the proving of
Delaware County Ohio Will Records Vol. 9 1890-1893 (403)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (403)

Description

[page 403]

[corresponds to page 374 of Delaware County Ohio Will Records Vol. 9 1890-93]

374

Daniel Sheets Will

said Will, and that said above named persons may be notified ac-

cording to law of the pending of said proceedings.

S. T. Sheets

The foregoing application was signed in my presence and sworn to before

me, this 23d day of January A.D. 1892.

N. F. Overturf

Probate Judge

Waiver ot Notice

I the undersigned next of kin of the within named decedent, hereby waive

further notice to the probate of said Will.

Dated this 23d day of January A.D. 1892.

Samuel Sheets

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will and Testament

of Daniel Sheets, deceased:

To Samuel T. Sheets:

You are commanded to notify Malinda

Sheets - Joseph Sheets - Ora Clay - Mary Morris - Loren Sheets - Lil-

lian Sheets - Ellen Russell - Ray Roof - Eva Roof that on the

23d day of January A.D. 1892, an instrument of writing purporting to be

the last Will and Testament of Daniel Sheets late of Brown Town-

ship, in said 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 2d

day of February A.D. 1892 at 10 o'clock A.M.

Witness my hand and the seal of said Probate

Court at Delaware, Ohio this 23d day of January A.D. 1892.

N. F. Overturf

{Seal} Probate Judge

Return Filed Feb 2/92

The State of Ohio }

Delaware County ss } Samuel T. Sheets being duly sworn, says

that on the 23d to 27th days of January A.D.

1892, he served the within notice by delivering a true copy thereof to the

within named Malinda Sheets - Joseph Sheets - Ora Clay - Mary

Morris - Loren Sheets - Lillian Sheets - Ellen Russell - Ray Roof

and Eva Roof.

Samuel T. Sheets

Subscribed in my presence and sworn to before me this 2" day of Feb-

ruary A.D. 1892.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (404)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (404)

Description

[page 404]

[corresponds to page 375 of Delaware County Ohio Will Records Vol. 9 1890-93]

375

Daniel Sheets Will

Probate of Will Filed Feb 2/92

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Eli

Jackson and A. Wheeler Jr. two of the subscribing witnesses to the

last Will and Testament of Daniel Sheets late of Brown 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 24 day of April A.

D. 1888, purporting to be the last Will and Testament of Daniel

Sheets now deceased, is the Will of said deceased Daniel Sheets,

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 Daniel

Sheets deceased, sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

Daniel Sheets 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 Jackson

A. Wheeler Jr.

Sworn to and subscribed by said witnesses, in open Court, this

2" day of February A.D. 1892

N. F. Overturf

Probate Judge

Journal Entry

February 2d 1892.

In the Matter of the Will }

of Daniel Sheets, deceased } Be it remembered, that heretofore,

to wit: on the 23d day of January

A.D. 1892 an instrument of writing, purporting to be the last

Will and Testament of Daniel Sheets, 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 ap-

plication to admit the same to probate and record in this Court, has

been given to Malinda Sheets, widow, and Joseph Sheets - Samuel

T. Sheets - Ora Clay - Mary Morris - Loren Sheets - Lillian Sheets

Ellen Russell - Ray Roof and Eva Roof next of kin of the Tes-

tator, resident of the State of Ohio, pursuant to a former order of

this Court, therefore, on this day came Eli Jackson and A.

Wheeler, Jr., two 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 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (405)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (405)

Description

[page 405]

[corresponds to page 376 of Delaware County Ohio Will Records Vol. 9 1890-93]

376

Daniel Sheets Estate

said Daniel Sheets 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.

Citation ordered and issued to Malinda Sheets, widow of said decedent, to

elect as to said Will, as required by law, and thereupon came said widow

and acknowledged service of the within Citation.

N. F. Overturf

Probate Judge

Will

In the name of the Benevolent Father of all: I, Daniel Sheets

of Kilbourn, Ohio do make and publish this my last will and testa-

ment:

Item 1st I give and devise to my beloved wife Malinda Sheets the farm on which

we now reside, situate in Brown township Delaware County Ohio, con-

taining about Forty 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. I give and devise to her absolutely

(she however selling as 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 children, to be divided equally among them, and

also all the personal property then remainiing on hand, to be likewise

divided equally among my said children: excepting the heirs of Morris

Roof, from whose share I desire that the sum of One Hundred and

Fifteen Dollars shall be deducted.

I desire that no appraisement and no sale of my personal property

be made, and that the court of probate direct the omission of the

same, in pursuance of the statute.

I hereby revoke all my former wills by me made.

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

27" day of April, A.D. 1888.

Daniel Sheets {Seal}

Signed and acknowledged by said Daniel Sheets as his last will

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

Eli Jackson

C. V. Humes

A. Wheeler Jr.
Delaware County Ohio Will Records Vol. 9 1890-1893 (406)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (406)

Description

[page 406]

[corresponds to page 377 of Delaware County Ohio Will Records Vol. 9 1890-93]

377

John Vantasel's Will

Journal Netry

January 18th 1892.

In the Matter of the WIll }

of John Vantasel, deceased } This day, an instrument of writing

purporting to be the last Will and

Testament of John Vantasel, late of Genoa Township, in this

County, deceased, was produced in open Court for probate: in 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 Jane Rhoads - Ranson Van-

tasel - Maryan Mann - Jerusha Perry - Alonzo Vantasel and Elizabeth

Karns next of kin of the Testator, resident of the State of Ohio -

that said application will be for hearing before the Court on the 3d

day of February A.D. 1892 - at 10 o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Jan. 18/92

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

John Vantasel - deceased }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

John Vantasel late a resident of the Township of Genoa in said Coun-

ty, died on or about the 15" day of December. A.D. 1891, leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament, That the said John Vantasel 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

Jane Rhoads Daughter Harlem O

Ranson Vantasel Son " "

Maryan Mann Daughter Galena "

Jerusha Perry " Maxtown "

Alonzo Vantasel Son Harlem "

Elizabeth Karns Daughter Woodside "

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

Wm. Beever

The foregoing application was signed in my presence and sworn to be-

fore me, this 18 day of January A.D. 1892

N. F. Overturf, Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (407)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (407)

Description

[page 407]

[corresponds to page 378 of Delaware County Ohio Will Records Vol. 9 1890-93]

378

John Vantasel's Will

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will and Tetstament

of John Vantasel deceased.

To Wm. Beever

You are commanded to notify Jane

Rhoads - Ranson Vantasel - Maryan Mann - Jerusha Perry - Alonzo

Vantasel - and Elizabeth Karns that on the 18 day of January A.D.

1892, an instrument of writing, purporting to be the last Will and Testa-

ment of John Vantasel late of Genoa 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 3rd day of February A.D.

1892, at 10 o'clock A.M.

Witness, my hand and the seal of said Probate Court at

Delaware Ohio, this 18 day of January A.D. 1892

N. F. Overturf

{Seal} Probate Judge

Return Filed Feb 3/92

The State of Ohio }

Delaware County ss } Wm. Beever being duly sworn, says that before

the 23" day of January A.D. 1892, he served

the within notice by delivering a true copy thereof to the within named

Jane Rhoads - Ranson Vanstasel - Maryan Mann - Jerusha Per-

ry - Alonso Vantasel and Elizabeth Karns

Wm. Beeves

Subscribed in my presence and sworn to before me this 3" day of Febru-

ary A.D. 1892.

N. F. Overturf

{Seal} Probate Judge

Testimony of Witnesses to Will Filed Feb. 3/92

In Probate Court } In the Matter of Proving the last Will and Testament

Delaware County Ohio } of John Van Tasel, deceased.

The State of Ohio }

Delaware County ss } Norton Ekelbery, 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 28 day of October A.D. 1891, and offered for probate as the last

Will and Testament of John Vantasel, late of Genoa Township, in said

County of Delaware deceased, and saw the said John Van Tasel, 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 re-

quest, 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 in-
Delaware County Ohio Will Records Vol. 9 1890-1893 (408)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (408)

Description

[page 408]

[corresponds to page 379 of Delaware County Ohio Will Records Vol. 9 1890-93]

379

John Vantasel's Will

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

any restraint.

Norton Ekelbery M.D.

Sworn to and subscribed by said witness in open Court this 3rd

day of February A.D. 1892

N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County ss } J. M. Weibling, 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 28" day of October A.D. 1891, and of-

fered for probate as the last Will and Testament of John Van Tasel

late of Genoa Township in said County of Delaware, deceased, and

saw the said John Van Tasel now deceased, sign and seal said in-

strument 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.

J. M. Weibling

Sworn to and subscribed by said witness in open Court this 3rd

day of February A.D. 1892.

N. F. Overturf

Probate Judge

Journal Entry

February 3rd 1892.

In the Matter of the Will }

of John Vantasel - deceased } Be it remembered, that heretofore, to

wit: on the 18" day of January A.D.

1892 an instrument of writing, purporting to be the last Will and

Testament of John Vantasel, late of Genoa 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 Jane

Rhoads - Ranson Vantasel - Maryan Mann - Jerusha Perry -

Alonzo Vantasel - and Elizabeth Karns 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 Norton Ekelbery M.D. and J. M.

Weibling two of the subscribing witnesses to said Will, who being du-

ly 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

John Vantasel, deceased. That the same was duly executed and attest-

ed, and that the said Testator, at the time of making, signing and sealing
Delaware County Ohio Will Records Vol. 9 1890-1893 (409)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (409)

Description

[page 409]

[corresponds to page 380 of Delaware County Ohio Will Records Vol. 9 1890-93]

380

John Vantasel's Will

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

Will

I, John Vantasel of the Township of Genoa, County of Delaware and

State of Ohio, being of sound and disposing mind and memory and being

desirous of settling my worldly affairs while I have strength and capac-

ity so to do, do make publish and declare this my last will and tes-

tament, that is to say:

First - I will and direct that all just debts that may exist against me

at my decease may be settled.

Second - I direct and desire that my personal estate shall be divided equally,

share and share alike, between my six children, that is - Jane

Rhoads, Ranson Vantasel, Elizabeth Karns, Maryan Mann,

Jerusha Perry, and Alonzo Vantasel.

Third - I direct that any debt that may be due my estate, from any of

my said heirs, at the time of my death shall be deducted from their

share of said estate.

Fourth - I hereby nominate any appoint William Beaver to be executor of

this my last will and testament.

In witness whereof, I have hereunto set my hand and seal at Ge-

noa, aforesaid, this Twenty eighth day of October in the year of our

Lord one thousand eight hundred and ninety one.

John Vantasel {Seal}

Signed and sealed by said John Vantasel, who at the same time

published and declared the same as, and for his last will and tes-

tament 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 witnesses.

Norton Ekelbery M.D.

J. M. Weibling - Westerville

H. L. Sibel Westerville
Delaware County Ohio Will Records Vol. 9 1890-1893 (410)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (410)

Description

[page 410]

[corresponds to page 381 of Delaware County Ohio Will Records Vol. 9 1890-93]

381

Sarah Wharton's Will

5016
Application for Probate of Will Filed Feb. 6/92


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.

Sarah Wharton, Deceased }

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents

that Sarah Wharton late a resident of the Township of Delaware

in said County, died on or about the 10 day of May. A.D. 1891.

leaving an instrument in writing, hereto attached, purporting to be

her last Will and Testament: That the said Sarha Weiser died

leaving no widower and the following named persons her only next

of kin resident of the State of Ohio:


Name Degree of Kinship P.O. Address

John W. Wharton Son Delaware O.

Fletcher L. Warton " " "

Ann E. Wharton Daughter " "

Lora L. Wharton " " "


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

Lora L. Wharton

The foregoing application was signed in my presence and sworn

to before me, this 5 day of August. A.D. 1891

N.F. Overturf

Probate Judge.


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 5 day of August A.D. 1891.

Lora L. Wharton

Ann E. Wharton

John W. Wharton

Fletcher L. Wharton.


Probate of Will Filed Feb. 6/92

The State of Ohio } In Probate Court

Delaware County.ss.}

Personally appeared in open Court Ann E.

Wharton and Lizzie S. Wells the subscribing witnesses to the

last Will and Testament of Sarah Wharton late of Delaware

Township in said Delaware County, deceased, who being duly
Delaware County Ohio Will Records Vol. 9 1890-1893 (411)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (411)
Delaware County Ohio Will Records Vol. 9 1890-1893 (412)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (412)

Description

[page 412]

[corresponds to page 383 of Delaware County Ohio Will Records Vol. 9 1890-93]

383

Sarah Wharton's Will

Will of Sarah Wharton

I Sarah Wharton, a widow resident of Delaware in the Coun:

ty of Delaware and State of Ohio, of lawful age, of sound and dis:

posing mind and memory and not under restraint do make and

publish this my ___________________________________________________

__________________ Last Will and Testament _________________________

Being not in the least unmindful of the natural claims and

expectatons of my other children I give and devise to my daugh:

ter Lora L. Wharton all my estate Real and personal, to be to

her and her heirs and assigns forever.

I nominate the said Lora L. Wharton to be the Executrix of

this my last Will and Testament.

I desire that no appraisement, Inventory or sale of my personal

property be made, that the court of Probate direct the million of the

same, and further that said court require no bond of said appointee

Lora L. Wharton if it shall be the Letters Testamentary issue

to her.

I hereby revoke all former wills by me made,

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

day of September. August (crossed out) 1887.

Sarah Wharton {Seal}

Signed and acknowledged by the said Sarah Wharton as her last

Will and Testament In our presence, who at her request, and in

her presence and in the presence of each other have hereunto subscribed

our names.

Ann E. Wharton

Lizzie S. Wells.
Delaware County Ohio Will Records Vol. 9 1890-1893 (413)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (413)

Description

[page 413]

[corresponds to page 384 of Delaware County Ohio Will Records Vol. 9 1890-93]

384
Gilbert Leak's Will

Application for Probate of Will Filed. Feb.6/92

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.

Gilbert Leak, deceased ~ }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Gilbert Leak late a resident of the Township of Trenton in said coun:

ty, died on or about the 23 day of December. A.D. 1891 leaving an

instrument in writing, hereto attached, puprporting to be his last Will and

Testament. That the said Gilbert Leak died leaving no widow and

the following persons his only next of kin resident of the State of

Ohio:


Name Degree of Kinship P.O. Address.

John M. Leak Brother Vans Valley- Del. Co.

Mercer J. Evarts Sister Baker Creek- Union Co.

E.C. Leak Nephew Vans Valley- Del. Co.

Harriet Cole Neice Harlem " "

Alice J. Simmonds Neice Jersey Licking Co.

L.S. Condit Nephew Condit Del. Co.

D.H. Condit Nephew " " "

Sarah E. Jacobus Neice Alum Creek. Del. Co.


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.

L.S. Condit

The foregoing application was signed in my presence and sworn to before

me, this 6" day of February. A.D. 1892.

N.F. Overturf

Probate Judge.


Waiver of Notice

We, the undersigned Next of kin of the within named decedent, hereby

waive further notice to the probate of said Will.

Dated this 14 day of January. A.D. 1892.

L.S. Condit. Condit. O.

E.C. Leak.

J.M. Leak.

D.H. condit

H.D. Cole

Alice J. Simmonds

Mercy Jane Evarts

Sarah E. Jacobus.

Delaware County Ohio Will Records Vol. 9 1890-1893 (414)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (414)

Description

[page 414]

[corresponds to page 385 of Delaware County Ohio Will Records Vol. 9 1890-93]

385

Gilbert Leak's Will Filed Feb. 6/92

Probate of Will

The State of Ohio } In Probate Court

Delaware County.ss }

Personally appeared in open Court John

Payne and James Day the subscribing witnesses to the last Will

and Testament of Gilbert Leak 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 rela:

tion to the execution of said Will, depose and say: That the paper

before them bearing date the 7" day of October. A.D. 1882, purporting

to be the last Will and Testament of Gilbert Leak now deceased,

is the Will of said deceased Gilbert Leak, 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 Gilbert Leak deceased, sign and seal said

Will by his mark, and heard him acknowledge the same to be his

last Will and Testament, and that the said Gilbert Leak 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 Payne

James Day

Sworn to and subscribed by said witnesses, in open Court, this 6"

day of February. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


Journal Entry

February. 6th 1892.

In the Matter of the Will }

of Gilbert Leak. deceased.}

This day an instrument of writing,

purporting to be the last Will and Testament of Gilbert Leak,

late of Trenton 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 John M. Leak- Mer:

cy J. Evarts- E.C. Leak- Harriet Cole- Alice J. Simmonds_

L.S. Condit- D.H. Condit and Sarah E. Jacobus next of kin

of said Testator, resident of the State of Ohio, having in writing,

this day filed, waived further notice to the probate of said Will,

therefore, on this day came John Payne and James Day 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 instru:

ment of writing is the last Will and Testament of said Gilbert

Leak, deceased. That the same was duly executed and attested; and
Delaware County Ohio Will Records Vol. 9 1890-1893 (415)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (415)

Description

[page 415]

[corresponds to page 386 of Delaware County Ohio Will Records Vol. 9 1890-93]

386
Gilbert Leak's Will

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 proceedings had

thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge


Will

In the name of the great benevolent father of all- I Gilbert Leak

make and publish this my last will and testament.

Item First

That all funeral expences be paid and all of my just debts be paid

Item Second

That the balance of my property be equally divided between my sister,

Mercer Jane Evarts and my nephue Charles Stults.

Item Third

I hereby cansel all former wills
his
Gilbert X Leak.
mark

Signed in presence of us this seventh day of October. A.D. 1882.

John Payne

James Day
Delaware County Ohio Will Records Vol. 9 1890-1893 (416)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (416)

Description

[page 416]

[corresponds to page 387 of Delaware County Ohio Will Records Vol. 9 1890-93]

387

Henry Landon's Estate

Application for Probate of Will Filed Feb.8/92


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

Henry Landon-deceased. }

To the Hon. N.F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Henry Landon late a resident of the Township of Proter in said Coun:

ty, died on or about the 25 day of December A.D. 1891. leaving an in:

strument in writing, hereto attached, purporting to be his last Will and

Testament: That the said Henry Landon died leaving no widow and

the following named personal his only next of kin resident of the State

of Ohio:

Name Degree of Kinship P.O. Address

Charles H. Landon Son Coolville Ohio

Josephine Harrison Daughter Sunbury "

Adalade Wilcox " Coolville "

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

G.N. Wilcox

The foregoing, application was signed in my presence and sworn to be:

fore me, this 8" day of February: A.D. 1892.

N.F. Overturf

Probate Judge


Waiver of Notice

We, the undersigned next of kin of the Within named decedent, hereby

waive further notice to the probate of said Will.

Dated this 30 day of January. A.D. 1892.

C.H. Landon

Mrs. Adalaide Wilcox

Mrs- Josephine Harrison,


Testimony of Witness to Will Filed Feb.8/92

In Probate Court } In the Matter of Proving the Last Will

Delaware County. Ohio} and Testament of Henry Landon, Deceased.


The State of Ohio }

Delaware County.ss} E.C. Steward, 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 first day of July. A.D. 1884 and offered for probate as
Delaware County Ohio Will Records Vol. 9 1890-1893 (417)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (417)

Description

[page 417]

[corresponds to page 388 of Delaware County Ohio Will Records Vol. 9 1890-93]

388
Henry Landon's Will

the last Will and Testament of Henry Landon, late of Porter Town:

ship, in said County of Delaware deceased, and saw the said Henry

Landon, now deceased, sign and seal 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

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

restraint.

E.C. Steward.

Sworn to and subscribed by said witness in open Court, this 8" day of

February. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


Proof of Signature of Witness to Will Filed Feb.8/92

The State of Ohio }

Delaware County.ss} John Randolph being duly sworn, says that he was

well acquainted with George W. Harvey who is now

deceased, that he was well acquainted with the hand writing of the said

George W. Harvey, having often seen him write, that the signature George

W. Harvey as subscribing witness to the last Will and Testament of Hen:

ry Landon, deceased, is in the own proper handwriting and signature of the

said George W. Harvey, who at the date of said Will was of full life,

and resided at Meringo- Morrow County. Ohio.

John Randolph.

Sworn to before me, and subscribed in my presence, this 8" day of February.

A.D. 1892.

N.F. Overturf

Probate Judge


Journal Entry

February. 8" 1892.

In the Matter of the Will }

of Henry Landon- deceased.} This day, an instrument of writing, purporting

to be the last Will and Testament of Henry

Landon, 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 Charles H. Landon- Adelaide

Wilcox and Josephine Harrison, next of kin of said Testator, resident

of the State of Ohio, having in writing, this day filed, waived further notice

to the probate of said Will, therefore, on this day came C.E. Steward one

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. And it

appearing to the Court that George W. Harvy the other subscribing

witness to said Will is now deceased, thereupon John Randolph

appeared in open Court, and was duly sworn, and examined according

to law, touching the genuineness of the signature of the said George W.

Harvey, attached to said Will, and his testimony thereon was reduced to
Delaware County Ohio Will Records Vol. 9 1890-1893 (418)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (418)

Description

[page 418]

[corresponds to page 389 of Delaware County Ohio Will Records Vol. 9 1890-93]

389

Henry Landon's Will

writing and filed, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said Hen:

ry Landon, deceased. That the same was duly executed and attest:

ed; 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 Corut.

N.F. Overturf

Probate Judge.


Last Will and Testament

In the name of the benevolent Father of all I Henry Landon of

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

do make and publish this my last Will and Testament

Item first

I desire that all my debts and funeral expenses be paid out of my

money and personal property remaining at my death.

Item 2nd

I give to my beloved son Charles Landon all my property Real

and personal remaining after my debts are paid as above named at my

decease, and if he should die before my death then all my property both

real and personal to be equally devided among the remainder of my

children viz: Mary Gambel- Jospehine Harrison, Martha Rosecrans-

Adalade Wilcox to be devided among the last named heirs equally

to share and share alike and to be given to them immediately after

my death.

My son Thomas P. Landon has been previously provided for as I have

already given him all I intend to give him or intend for him he has

signed a quit claim Deed to all my estate. I desire to say that

my beloved children viz Mary Gambel- Jospehine Harrison- Martha

Rosecrans and Adalade Wilcox have had five hundred dollars each

being all I can give them except my son Charles should die before

I do as above stated.

continued

then as above stated at my death the property to be given to the four

girls above named if Charles Landon my son should die before I do

I do hereby revoke all former wills by me made.

In testimony hereof I Henry Landon have hereunto set my hand

and seal this twenty first day of July. A.D. 1884.

Henry Landon.

Signed and acknowledged by said Henry Landon as his last will

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

E.C. Steward.

George W. Harvy.
Delaware County Ohio Will Records Vol. 9 1890-1893 (419)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (419)

Description

[page 419]

[corresponds to page 390 of Delaware County Ohio Will Records Vol. 9 1890-93]

390

5018 Martha Beecher's Will

Journal Entry

February 15th 1892.

In the Matter of the Will }

of Martha Beecher- deceased} This day, an instrument of writing, pur:

porting to be the last Will and Testament of

Martha Beecher- 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 William A. Beecher- Amelia Higgins and Ritta Hig-

gins 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. 1892. at 9 o'clock A.M. And thereupon came said

William A. Beecher and in writing, waived further notice to the pro:

bate of said Will.

And it appearing to the Court that Homer Bearns, one of the subscrib:

ing witnesses to said Will, is a resident of Monument, Logan Co. Kan:

sas, and is without the jurisdiction of this Court, it is therefore ordered

that a Commission, with the Will annexed, issue herein to Daniel

Neil of Monument. Logan Co. Kansas- directing him to take the

deposition of said subscribing witness, and return the same duly certified

with all convenient speed, to this Court.

N.F. Overturf

Probate Judge.

Application for Probate of Will Filed Feb.15/92


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

Martha Beecher - Deceased. }

To the Hon. N.F. Overturf- Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

Martha Beecher late a resident of the Township of Delaware in said Coun:

ty, died on or about the 6" day of February. A.D. 1892. leaving an instru:

ment in writing, hereto attached, purporting to be her last Will and Tes:

tament; That the said Martha Beecher died leaving no widower and the

following named persons her only next of kin resident of the State of

Ohio:


Name Degree of Kinship P.O. Address.

William A. Beecher Brother Delaware O

Amelia Higgins Niece " "

Ritta Higgins " " "

children of Emily Higgins a

half sister on paternal side.
Delaware County Ohio Will Records Vol. 9 1890-1893 (420)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (420)

Description

[page 420]

[corresponds to page 391 of Delaware County Ohio Will Records Vol. 9 1890-93]

391
Martha Beecher'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.

William A. Beecher.

The foregoing application was signed in my presence and sworn to

before me, this 15" day of February. A.D. 1892.

N.F. Overturf

Probate Judge


Waiver of Notice

I, the undersigned next of kin of the within named decedent, hereby

waive further notice to the probate of said Will.

Dated this 15" day of February. A.D. 1892.

William A. Beecher.


Notice

The State of Ohio } In Probate Court

Delaware County.ss}

In the Matter of the last Will and Tes:

tament of martha Beecher, deceased.

To William A. Beecher:

You are commanded to notify

Amelia Higgins and Ritta Higgins that on the 15th day of Feb:

ruary. A.D. 1892. an instrument of writing, purporting to be the

last Will and Testament of Martha Beecher 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 amde

in said Court. Said application will be for hearing before this

Court on the 1st day of March. A.D. 1892. at 9 o'clock A.M.,

Witness, my hand and the seal of said Probate Court, at

Delaware, Ohio, this 15 day of February. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge.

The State of Ohio }

Delaware County as } William A. Beecher being duly sworn

says that on the 17 day of February A. D.

1892 he severed the within notice by delivering a true copy there

the within named by mail and the same has been returned bear

ing the signature of said Amelia Higgins and Retta Higgins

W. A. Beicher

Subscribed in my presence and sworn to before me this

March. A.D. 1892

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (421)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (421)

Description

[page 421]

[corresponds to page 392 of Delaware County Ohio Will Records Vol. 9 1890-93]

392
Martha Beecher's Will

To Take Testimony of Witness to Will


The State of Ohio } To Daniel Neil, 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 pow:

er and authority to examine and take the deposition of Homer Bearns

one of the subscribing witnesses to the last Will and Testament of Mar:

tha Beecher hereto annexed, late of the County of Delaware, in the State of

Ohio, deceased; and therefore we command you, that at certain days and pla:

ces appointed by you, you cause the said Homer Bearns 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 Mar:

tha Beecher and that you reduce such examination to writing, and return

the same, together with this Commission and the Will of the said Martha

Beecher 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,

at Delaware this 15" day of February. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


Will

In the name of the Benevolent Father of all:

I Martha Beecher of Delaware County Ohio do make and pub:

lish this my last will and testament:

first:

I give and devise the use of all my property both real and personal

to my brother William A. Beecher during his natural life.

Second

I give and devise all my property both real and personal after the

death of my brother William A. Beecher (to whom I have willed

my property during his natural life) to Henry Howard Beecher-

Lyman Wilber Beecher and charles Newman Beecher share and

share alike.

Third

I do hereby nominate and appoint my brother William A. Beecher

executor of this my last will and testament.

In testimony hereof I have hereunto set my hand and seal this 29th

day of November in the year A.D. 1879.

Martha Beecher. {Seal}


Signed and acknowledged by

said Martha Beecher as her

last Will and testament, in

our presence and signed by us

in her presence.

John S. Jones

Homer Bearns
Delaware County Ohio Will Records Vol. 9 1890-1893 (422)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (422)

Description

[page 422]

[corresponds to page 393 of Delaware County Ohio Will Records Vol. 9 1890-93]

393

Martha Beecher's Will

Deposition of Witness to Will Filed Mch 1/92

The State of Kansas }

Logan County ss } Deposition of Homer Bearns - one of the sub-

scribing witnesses to the last Will and Tes-

tament of Martha Beecher, deceased, late of the County of Delaware

State of Ohio, in the matter of said Will pending in the Probate

Court of said County, taken before me, a Commissioner appointed by

said Court, pursuant to the annexed Commission, on the 18th day of

February 1892, at Monument, Logan County - Kansas. Homer

Bearns of lawful age, being by me first duly sworn as hereinaf-

ter certified, deposes and says that he was present at the execution of

the paper before him bearing date the 29th day of November A.D.

1879, purporting to be the last Will and Testament of Martha Beech-

er 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 wit-

ness in her presence, that he saw the said Martha Beecher sign

and seal said Will, and heard her acknowledge the same to be her

last Will and Testament, and that the said Martha Beecher at

the time of making, signing and sealing said Will, was of full age,

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

Homer Bearns

The State of Kansas }

Logan County ss } I Daniel Neil duly appointed and

commissioned by the Probate Court of the

County of Delaware and the State of Ohio, to take the deposition

of Homer Bearns - one of the subscribing witnesses to the last Will

and Testament of Martha Beecher, deceased, late of Delaware Coun-

ty, State of Ohio, which Commission and the said Will are hereto

annexed, do hereby certify that in pursuance of said Commission

I caused the above named Homer Bearns subscribing witness as

aforesaid to appear before me, at the time and place above mentioned,

that he was by me first duly sworn to testify the truth, the whole

truth, and nothing but the truth, in relation to the execution of said

Will, and that the deposition by him subscribed as above set forth, was

reduced to writing by me and, also, as written in the presence of the wit-

ness aforementioned, and was subscribed by the said witness in my pres-

ence: 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 18th day of February A.D. 1892.

Daniel Neil

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (423)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (423)

Description

[page 423]

[corresponds to page 394 of Delaware County Ohio Will Records Vol. 9 1890-93]

394

Martha Beecher's Will

Testimony of Witness to Will Filed Mch 1/92

In Probate Court } In the Matter of Proving the last Will and Testament

Delaware County Ohio } of Martha Beecher - deceased

The State of Ohio }

Delaware County ss } John S. Jones, being duly sworn and examined as a

witness in the above entitled matter, says: I was pres-

ent at the execution of the instrument now shown to me, bearing date the 29th day

of November A.D. 1879, and offered for probate as the last Will and Testament

of Martha Beecher, late of Delaware Township, in said Court of Delaware, de-

ceased, and saw the said Martha Beecher, now deceased, sign and seal said in-

strument: 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 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.

John S. Jones

Sworn to and subscribed by said witness, in open Court this 1st day of

March A.D. 1892.

N. F. Overturf Probate Judge

Journal Entry

March 1st 1892.

In the Matter of the Will }

of Martha Beecher deceased } Be it remembered, that heretofore, to wit: on

the 15th day of February A.D. 1892, an

instrument of writing purporting to be the last Will and Testament of

Martha Beecher 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 WIlliam A. Beecher - Amelia Higgins and

Ritta Higgins next of kin of said Testatrix, resident of the State of

Ohio, pursuant to a former order of this Court. And the Commission

heretofore issued herein to take the testimony of Homer Bearns one of the

subscribing witnesses to the Will of said Martha Beecher, deceased, was this

day returned duly executed, and the same was filed herein. And thereupon

came John S. Jones 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 Martha Beecher, 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (424)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (424)

Description

[page 424]

[corresponds to page 395 of Delaware County Ohio Will Records Vol. 9 1890-93]

395

James W. Stith's Will

Application for Probate of Will Filed Mch 7/92

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

James W. Stith, deceased }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

James W. Stith, late a resident of the Township of Trenton in said Coun-

ty died on or about the 8" day of February A.D. 1892, leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament; That the said James W. Stith died leaving Isabell

Stith 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

Mary Ettie Stockwell Daughter Sunbury - 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 accord-

ing to law of the pending of said proceedings.

her

Isabell X Stith

mark

The foregoing application was signed in my prsence and sworn to

before me this 29" day of February A.D. 1892.

S. M. Wilcox

Justice of the Peace.

Waiver of Notice

We the undersigned widow and next of kin of the within named dece-

dent hereby waive further notice to the probate of said Will.

Dated this 29th day of February A.D. 1892.

her

Isabell X Stith

mark

Mary Ettie Stockwell

Proate of Will Filed Mch 7/92

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court T. Culver

and T. O. Gorsuch the subscribing witnesses to the last Will and

Testament of James W. Stith, 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 rela-

tion to the execution of said Will, depose and say: That the paper be-

fore them bearing date the 9th day of January A.D. 1892, pur-

porting to be the last Will and Testament of James W. Stith
Delaware County Ohio Will Records Vol. 9 1890-1893 (425)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (425)

Description

[page 425]

[corresponds to page 396 of Delaware County Ohio Will Records Vol. 9 1890-93]

396 James W. Stith's Will

now deceased, is the Will of said deceased James W. Stith, 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. Stith deceased, sign

by making his mark thereto and seal said Will and heard him acknowl-

edge the same to be his last Will and Testament, and that the said

James W. Stith 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. Culver

T. O. Gorsuch

Sworn to and subscribed by said witnesses in open Court this 7th day

of March A.D. 1892.

N. F. Overturf

Probate Judge

Journal Entry

March 7th 1892

In the Matter of the Will }

of James W. Stith, deceased } This day, an instrument of writing

purporting to be the last Will and

Testament of James W. Stith, late of Trenton Township, in this

County, deceased, was produced in open Court for Probate. On

consideration whereof it is ordred that the said Will be filed in this

Court and Isabell Stith, widow, and Mary Ettie Stockwell, only

next of kin of said Testator, resident of the State of Ohio, having in

writing waived Notice to the probate of said Will: thereupon came T

Culver and T. O. Gorsuch 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 James W. Stith, 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.

Citation ordered and issued to Isabell Stith widow of said decedent

to elect as to said Will, as required by law. And thereupon said

Isabella Stith acknowledged service of said Citation

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (426)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (426)

Description


[page 426]

[corresponds to page 397 of Delaware County Ohio Will Records Vol. 9 1890-93]

397

James W. Stith's Will

State of Ohio Delaware County:

I, James W. Stith do make and publish this my last will

and testament:

First - it is my will that my just debts and all funeral charges

be paid out of my estate.

Item 1st I give and devise all the residue of my estate to Isabelle

Stith my wife, to be to hers and her heirs forever.

Item 2nd I appoint and make the said Isabelle Stith Executrix

of this my last will and testament.

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

9th day of January in the year 1892.

James W. Stith {Seal}

my mark X

Signed and acknowledged by said James W. Stith as his last

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

in his presence

T. Culver

T. O. Gorsuch
Delaware County Ohio Will Records Vol. 9 1890-1893 (427)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (427)

Description

[page 427]

[corresponds to page 398 of Delaware County Ohio Will Records Vol. 9 1890-93]

398

Benjamin Shults Will Filed Mch10/92

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

Benjamin Shults, deceased }

To the Hon. N. F. Overturf - Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Benjamin Shults late a resident of the Township of Oxford in said Coun-

ty, died on or about the 5" day of March A.D. 1892, leaving an instrument

in writing hereto attached, purporting to be his last Will and Testament.

That the said Benjamin Shults died leaving Malinda Shults widow

and the following named persons his only next of kin resident of the State

of Ohio:

Name Degree of Kinship P. O. Address

Lizzie Ward Daughter Lenardsburgh O

Mary Berry " " "

Thomas Shults Son " "

Rose A. Haney Daughter " "

Sarah L. Martin Daughter " "

Clara Bryant " "


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 Shults

The foregoing application was signed in my presence and sworn to

before me, this 10 day of March A.D. 1892

N. F. Overturf

Probate Judge

Waiver of Notice

We, the undersigned Widow and Next of kin of the within named de-

cedent, hereby waive further notice to the probate of said Will

Dated this 9 day of March A.D. 1892

her

Malinda X Shults Mother

mark

Lizzie Ward

Mary Perry

Thomas Shults

Rose A. Haney

Sarah L. Martin

Clara Bryant
Delaware County Ohio Will Records Vol. 9 1890-1893 (428)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (428)

Description

[page 428]

[corresponds to page 399 of Delaware County Ohio Will Records Vol. 9 1890-93]

399

Benjamin Shults Will

Probate of Will Filed Mch 10/92

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court J. F. Wilt

and C. Charp the subscribing witnesses to the last Will and Testament

of Benjamin Schults 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 19" day of August A.D. 1889, purporting to be

the last Will and Testament of benjamin Schults now deceased,

is the Will of said deceased Benjamin Schults, that they were

present at the execution 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 Benjamin Schults deceased,

sign and seal said Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said Benjamin Schults

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. F. Wilt

O. Sharp

Sworn to and subscribed by said witnesses in open Court, this

10" day of March A.D. 1892

N. F. Overturf

Probate Judge

Journal Entry

March 10" 1892

In the Matter of the Will }

of Benjamin Shults }

This day an instrument of writing,

purporting to be the last Will and Testament of Benjamin Shults,

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. It appearing that Malinda

Shults, widow, and Lizzie Ward, Mary Berry, Thomas Shults -

Rose A. Haney - Sarah L. Martin and Clara Bryant only next

of kin of the Testator resident of the State of Ohio - waived notice to

the Probate of said Will. Whereupon personally appeared in open

Court J. F. Wilt and O. Sharp the subscribing witnesses to

said Will, 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. 1889, purporting to be

the last Will and Testament of Benjamin Shults now deceased

is the Will of said deceased, other and further testimony of said

witnesses to the due execution of said Will was reduced to
Delaware County Ohio Will Records Vol. 9 1890-1893 (429)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (429)

Description

[page 429]

[corresponds to page 400 of Delaware County Ohio Will Records Vol. 9 1890-93]

400

Benjamin Shults Will

writing and 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 Shults 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 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 en-

tered of record in this Court.

Further ordered that Citation issue to Melinda Shults widow

that she appear in court in due time and make her election, which no-

tice was issued.

N. F. Overturf

Probate Judge

Will

In the Name of the Benevolent Father of all, I Benjamin Shults of

Oxford 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, the Farm on

which we now reside Situate in Oxford Township Delaware County

Ohio Containing about two hundred acres during her natural life, or so

long as she remains my widow and all the stock, household goods, furni-

ture, 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 may be sufficient to pay my just debts.

Item 2nd At the Death of my said wife, the real estate aforesaid; to be divided

equally between my children Namely Elizabeth Waggoner Mary

Berry - John Schults, Thomas Schults - Rosana Heany, Sarah

Martin - Clara Brines and Joshua Schults -

Item 3rd I desire that all Notes and accounts that may remain in my hands

against the above named heirs, at my Decease shall be deducted out of

their Shares Respectively -

Item 4th I desire that all monies collected on Notes or accounts due me at

my wifes decease, be divided Equally between my children.

Item 5th I do hereby Nominate and appoint John Schults and Joshua

Schults - Executors of this my last will and Testament, hereby author-

izing and empowering them to compromise - adjust, release, and Dis-

charge the debts and claims due me.

Item 6th I desire that no appraisement and no sale of my personal property be made

during the life of my said wife or as long as she remains my widow.

In testimony hereof I have hereunto set my hand and seal this Nine-

teenth day of August in the year 1889.

his

Benjamin X Schults {Seal}

mark

Signed and acknowledged by said Benjamin Schults as his last will and

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

J. F. Wilt

O. Sharp
Delaware County Ohio Will Records Vol. 9 1890-1893 (430)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (430)

Description

[page 430]

[corresponds to page 401 of Delaware County Ohio Will Records Vol. 9 1890-93]

401

Peter Sunderland's Will

Application for Probate of Will Filed Mch. 14/-92

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

Peter Sunderland - deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Peter Sunderland late a resident of the Township of Trenton in

an instrument in writing, hereto attached, purporting to be his last Will

and Testament; That the said Peter Sunderland died leaving Harriet

Sunderland widow and the following named persons his only next of kin

resident of the State of Ohio.

Name Degree of Kinship P.O. Address

Mary Ellen Sanders Daughter Condit Ohio

Your peitioner pray 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

Edwin Saunders

The foregoing application was signed in my presence and sworn to

before me, this 14" day of March A. D. 1892.

{Seal} N. F. Overturf

Probate Judge

Waiver of Notice

We, the undersigned widow and next of kin of the within named

decedent, hereby waive further notice to the probate of said Will

Dated this 14 day of March A. D. 1892.

Harriet Sunderland

Mary Ellen Saunders

Probate of Will Filed Mch 14/-92

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court J. W.

Culver and F. H. Vankirk the subscribing witnesses to the last Will

and Testament of Peter Sunderland 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 7" day of January. A. D. 1892,

purporting to be the last Will and Testament of Peter Sunderland
Delaware County Ohio Will Records Vol. 9 1890-1893 (431)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (431)

Description

[page 431]

[corresponds to page 402 of Delaware County Ohio Will Records Vol. 9 1890-93]

402

Peter Sunderland's Will

now deceased, is the Will of said deceased Peter Sunderland 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 wit=

nesses, in his presence; that they saw the said Peter Sunderland

deceased, sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said Peter Sunder=

land at the time of making, signing, and sealing said Will, was of

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

F. H. Vankirk

J. W. Culver

Sworn to and subscribed by said witnesses, in open Court, this 14" day

of March A. D. 1892.

N. F. Overturf

Probate Judge

Journal Entry

March 14" 1892

In the Matter of the Will }

of Peter Sunderland, deceased } This day, an instrument of writing,

purporting to be the last Will and

Testament of Peter Sunderland, late of Trenton 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, Harriet Sunderland, widow, and mary Ellen Saun=

ders daughter who are the only next of kin resident of the State of

Ohio, having in due form waived further notice to the Probate of

said Will. thereupon came J. W. Culver and T. H. Vankirk

the subscribing witnesses to said Will, who being duly sworn, testi=

fied 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 afroesaid

instrument of writing is the last Will and Testament of said

Peter Sunderland, 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 there on, be entered of record in this Court.

Further, ordered that Citation issue to said Harriet Sunderland

that she maker her election pursuant to Law.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (432)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (432)

Description

[page 432]

[corresponds to page 403 of Delaware County Ohio Will Records Vol. 9 1890-93]

403

Peter Sunderland's Will

Will

State of Ohio, Delaware Co. ss.

I Peter Sunderland being of sound and disposing mind and memory,

and in view of the uncertainty of this life, do hereby make and publish

this my last will and testament, in manner following

Item 1st After the payment of my just debts and the erection of suitable

tombstone at my grave the cost of which is not to exceed twelve dol=

lars. I give and bequeath to my only child Mary Ellel Sanders

and her husband Edward Sanders, my entire estate both personal

and real, on this condition that they the said Edward Sanders

and Mary Ellen Sanders shall provide a comfortable home and

living for my beloved wife Harriet Sunderland, such as she has

been accustomed to have and in the family, as long as she has

provided she out lives me the testator, and I hereby appoint John Lane,

Sr. as my agent to see that the conditions of this will are complied with

as far as my wifes interst is concerned, and farther I desire that my

wife shall have the same kind of interment and tombstone that is pro=

vided for me.

I hereby appoint my son in law - Edward Sanders Executor of this

my last will, and without bond appraisement or sale.

Witness my hand and seal this 7" day of January, in the year of our

Lord one thousand eight hundred and ninety two.

Peter Sunderland {Seal}

Signed sealed and published by Peter Sunderland as his last Will

and testament in the presence of us the subscribing witnesses who subscribed

our names hereunto in the presence of the said testator at this request

and in the presence of each other.

J. W. Culver

T. H. Vankirk

Widows Eliction Journal 15 Page 385, Record 10 Page 186
Delaware County Ohio Will Records Vol. 9 1890-1893 (433)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (433)

Description

[page 433]

[corresponds to page 404 of Delaware County Ohio Will Records Vol. 9 1890-93]

404

Charles Sloop's Will

Journal Entry


March 10th 1892

In the Matter of the Will }

of Charles Sloop deceased } This day, an instrument of writing purport,

ing, to be the last Will and Testament of

Charles Sloop, late of Thompson Township, in this County, deceased, was

produced in open Court for Probate: On consideration whereof, it is or=

dered 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 Eli Sloop Harriett Alexander - Isabella Stultz - Margaret

Montgomery - Malind Sloop - Elizabeth Dilsaver and Charley

Mitchell, next of kin of the Testator, resident of the State of Ohio, that

said application will be for hearing before this Court on 16" day of

March A. D. 1892, at 10 o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Mch. 10/ -92

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

Charles Sloop - deceased ~ }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

Charles Sloop late a resident of the Township of Thompson in said Coun=

ty, died on or about the 24 day of February, A. D. 1892, leaving an in=

strument in writing, hereto attached, purporting to be his last Will and Tes=

tament; That she said Charles Sloop 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

Eli Sloop Son Richwood O.

Harriett Alexander Daughter " "

Isabella Stultz " " "

Elizabeth Dilaver " 137 1/2 South High St. Columbus, O

Margaret Montgomery " Prospect O.

Matilda Sloop " Delaware O.

Charley Mitchell Grandson Magnetic Springs 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

George T. Dilsaver

The foregoing application was signed in my presence and sworn to be=

fore me, this 10" day of March A. D. 1892

{Seal} N.F. Overturf Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (434)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (434)

Description

[page 434]

[corresponds to page 405 of Delaware County Ohio Will Records Vol. 9 1890-93]

405

Charles Sloop's Will

Waiver of Notice

I the undersigned next of kin of the within named decedent, hereby

waive further notice to the probate of said Will

Dated this 10" day of March A. D. 1892

Maggie Montgomery

Notice

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of the last Will and Testament

of Charles Sloop, deceased.

To George T. Dilsaver:

You are commanded to notify

Eli Sloop, Harriett Alexander - Isabella Stults - Elizabeth Dil=

saver - Matilda Sloop and Charley MItchell that in the 10" day of

March A. D. 1892 an instrument of writing, purporting to be the last

Will and Testament of Charles Sloop 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 in the

16" day of March A. D. 1892, at 10 o'clock A. M.

Witness, my hand and the seal of said Probate Court, at

Delaware, Ohio, this 10" day of March A. D. 1892.

N. F. Overturf

{Seal} Probate Judge

Return Filed Mch 16/-92

The State of Ohio }

Delaware County, ss } George T. Dilsaver being duly sworn, says

that on the 11 & 12 days of March A. D.

1892. he served the within notice by delivering a true copy therof to

the within named Eli Sloop - Harriett Alexander Isabelle Stultz

Elizabeth Dilsaver - Matild Sloop - Charles Mitchell

George T. Dilsaver

Subscribed in my presence and sworn to before me this 16" day of

March A. D. 1892

N. F. Overturf

Probate Judge

Probate of Will Filed Mch 16/-92

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court H. W.

Pumplney and Pane Randell the subscribing witnesses to the last

Will and Testament of Charles Sloop 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 17" day of December A. D. 1875,
Delaware County Ohio Will Records Vol. 9 1890-1893 (435)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (435)

Description

[page 435]

[corresponds to page 406 of Delaware County Ohio Will Records Vol. 9 1890-93]

406

Charles Sloop's Will

purporting to be the last Will and Testament of Charles Sloop now de=

ceased, is the Will of said deceased Charles Sloop, that they were pres=

ent at the exucution 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 Charles Sloop deceased, sign and seal said Will,

and heard him acknowledge the same to be his last Will and Testament, and

that the said Charles Sloop at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and not under any

restraint.

H. W. Pumplney

Paul Randell

Sworn to and subscribed by said witnesses, in open Court, this 16"

day of March A. D. 1892

N. F. Overturf
{Seal}
Probate Judge


Journal Entry

March 16" 1892 }

In the Matter of the Will }

of Charles Sloop, deceased } Be it remembered, that heretofore, to-wit:

on the 10th day of March, A. D. 1892.

an instrument of writing, purporting to be the last Will and Testa-

ment of Charles Sloop 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 Eli

Sloop - Harriett Alexander - Isabella Stultz - Margaret Mont-

gomery - Elizabeth Dilsaver - Matilda Sloop and Charles Mitchell

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 H. W.

Pumphrey and Paul Randell 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, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and Tes-

tament of said Charles Sloop 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (436)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (436)

Description

[page 436]

[corresponds to page 407 of Delaware County Ohio Will Records Vol. 9 1890-93]

407

Charles Sloop's Will

Will

In the Name of God Amen!!! I, Charles Sloop of the Township of Thomp-

son, Delaware County, Ohio, being of sound and disposing mind & memory

do make and publish this my last will and testament, hereby revoking and

annulling all former wills by me made, and declaring this and this

only as and for my last will & testament

Item I. I hereby direct that all my just debts and funeral expenses and expenses

of administering my estate be first paid out of my estate.

Item II. I hereby will and devise and bequeath unto my son Harrison Sloop

the sum of One Hundred dollars. To my son Eli Sloop the sum of One

Hundred dollars. To my grandson Charles Mitchell son of May

Jane Sloop the sum of One Hundred Dollars. To my daughter Har-

riett Alexander One Hundred dollars. To Isabel Ann Stultz my

daughter, wife of Christopher Stultz One hundred dollars - To Isiah

SLoop, my son, One hundred dollars - To my Grand son Charles

Anderson son of Hannah Anderson One hundred dollars.

Item III. I hereby devise bequeath and will all the rest and residue of my estate,

wherever situated or of whatever nature, unto Elizabeth Dilsaver, one equal

fifth part unto Matilda Sloop one equal fifth part, unto Eliza Cooper

one equal fifth part - unto Margaret Finley one equal fifth part and unto

John Sloop, one equal fifth part.

Item IV. I hereby direct that all my real and personal estate be sold by my

Executors hereinafter named and be converted into money, in the shortest

time and most practicable manner, either at public or private sale as

may seem to them best, and out of the proceeds of such sale or sales they

pay - First - The items mentioned in Item 1st of this my will. Second

the specific legacies mentioned in Item II of this my will and third

that all the rest and residue of my Estate wherever situated, they

divide into five equal parts and distribute to the parties named in

Item III of this my will in the proportion mentioned in said item III, to wit:

To Elizabeth Dilsaver one part, To Matilda Sloop one part, To Eliza

Cooper one part, To Margaret Finley one part and to John Sloop one part

Item V. I do hereby nominate & constitute and appoint George T. Dilsaver and Fenton

Finley as the Exsecutors of this my last will & testament hereby authorizing

and empowering them to compromise, release and adjust any claims owing to

me or by me, as fully as if I was alive to do the same, and I do further

direct & order, that if any of my children or Grand children or any of the

beneficiaries of this Will shall make any trouble, disturbance or litigation

about this Will, or the devises to them, then the whole amount going to

such one respecting shall never be given him or her, but the amount shall

be distributed under Item III of this Will.

In testimony whereof I have hereunto set my hand and seal this 17th day

of December A.D. 1875.

Charles Sloop {seal}

Signed, sealed & acknowledged in our presence as and for the last will &

testament of Charles Sloop by the said Charles Sloop and we do in his

presence and in presence of each other and at his request have signed the same

as witnesses thereto.

H. W. Pumphrey

Paul Randell
Delaware County Ohio Will Records Vol. 9 1890-1893 (437)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (437)

Description

[page 437]

[corresponds to page 408 of Delaware County Ohio Will Records Vol. 9 1890-93]

408

Robert Evans' Will

Application for Probate of Will Filed Mch 22/92

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

Robert E. Evans - deceased }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Robert E. Evans late a resident of the Township of Radnor in said

County, dec'd on or about the 3 day of March A.D. 1892, leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament. That the said Robert E. Evans died leaving the fol-

lowing named persons his only next of kin resident of the State of

Ohio.

Name Degree of Kinship P. O. Address

Evan M. Evans Son Radnor Ohio

Robert T. Evans " " "


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

Robert T. Evans

The foregoing application was signed in my presence and sworn to

before me this 22 day of March A.D. 1892.

N. F. Overturf

Probate Judge

Waiver of Notice

We, the undersigned Next of Kin of the within named decedent here-

by waive further notice to the probate of said Will.

Dated this 22d day of March A.D. 1892.

Evan W. Evans } Sons & heirs at Law

Robert T. Evans }


Mary A. Evans mother } Legatees under the said Will

of Robert Edward Evans }

Probate of Will Filed March 22/92

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Thomas

Watkins and Jno. A. Cone the subscribing witnesses to the last

Will and Testament of Robert E. Eans late of Radnor Town-

ship in said Delaware County, deceased; who being duly sworn

according to law to speak the truth, the whole truth and nothing
Delaware County Ohio Will Records Vol. 9 1890-1893 (438)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (438)

Description

[page 438]

[corresponds to page 409 of Delaware County Ohio Will Records Vol. 9 1890-93]

409

Robert E. Evans' Will

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 August A.

D. 1879, purporting to be the last Will and Testament of Robert E.

Evans now deceased, is the Will of said deceased Robert E. 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 Robert E. Ev-

ans 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. 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.

Thomas Watkins

Jno. A. Cone

Sworn to and subscribed by said witnesses in open Court this 22

day of March A.D. 1892.

N. F. Overturf

Probate Judge


Journal Entry

March 22d 1892.

In the Matter of the Will }

of Robert E. Evans, deceased } Be it remembered that on this 22d day

of March A.D. 1892 an instrument of

writing, purporting to be the last Will and Testament of Robert E.

Evans, 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

the application to admit the same to probate and record in this Court

has been given to Evan M. Evans and Robert T. Evans (by their

waiver of notice to the probate of said Will filed herewith,) next of

kin to said Testator. Thereupon, on this day came Thomas Wat-

kins 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 Testa-

ment of said Robert E. Evans, 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

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
Delaware County Ohio Will Records Vol. 9 1890-1893 (439)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (439)

Description

[page 439]

[corresponds to page 410 of Delaware County Ohio Will Records Vol. 9 1890-93]

410

Robert E. Evans' Will

Will

In the name of the Benevolent Father of All: I, Robert E.

Evans of Radnor township, Delaware County, Ohio, being of sound

and disopsing mind and memory, and in view of the uncertainty of life,

do make and publish the following as my last will and testament, and

do hereby revoke all former wills or parts of wills by me heretofore made.


Item 1st I will and direct that all the just debts which I may owe

at my decease, including expenses of my last sickness if any

and my funeral expenses shall be paid out of my estate.

Item 2nd I give and bequeath to my beloved wife Catharine Evans,

in lieu of her dower: and of her distributive share of my per-

sonal estate, all my household goods and effects, for her use during

her natural life; and also I give to and provide for her a liberal and

generous support during the continuance of her natural life as set

forth in the next or third Item of this my will and testament.

Item 3rd I give devise and bequeath to my son Robert T. Ewvans

with the conditions and exceptions above and hereinafter

contained, and written, all the estate, both personal and real, which I

may own at the time of my decease, including the farm on which I\

now reside, the stock, farming implements, growing and gathered crops,

moneys and credits, together with the household goods which may re-

main and be left at the decease of my said wife Caterine;

Provided; that he my said son Robert T. Evans, as consideration

thereof or is to furnish his mother, my said wife Catherine Evans

in case she survive me a liberal and generous support, including board-

ing clothing - medical attendance in sickness, as well as kind and gen-

tle nursing and care, when necessary, during her natural life and

shall also, at her decease, give her my said wife, respectaable burial

all of which care, keeping, attendance xc is to be a charge and encum-

berance on my said estate in the hands of my said son Robert T.

Evans.

And also I direct that my said son Robert T. Evans shall pay

out of the estate above in this will given to him to my son Evan

M. Evans the sum of Two Hundred and fifty dollars, within

two years after the decease of myself and my said wife, or the survi-

vor of us and also the further sum of two hundred and fifty dollars

within three years after said decease of myself and wife or the

survivor of us, said payment not to bear interest until after the

the sum of Five Hundrfed dollars, which sum I hereby give and

bequeath to my said son Evan M. Evans, in addition to the sum

of about one thousand or eleven hundred dollars which I have

heretofore advanced to my said son Evan M. Evans, for which I

hold his receipts, or written evidence, and which receipts or evidences of

advancements are to be canceled said advancements being hereby given by

me to my said son Evan M. and not to be regarded as assets of my

estate.

Also my said son Robert T. Evans shall pay out of my estate
Delaware County Ohio Will Records Vol. 9 1890-1893 (440)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (440)

Description

[page 440]

[corresponds to page 411 of Delaware County Ohio Will Records Vol. 9 1890-93]

411

Robert E. Evans' Will

to Mary A. Evans wife of my son Evan M. Evans within four

years after my decease, and the decease of my said wife, or the survivor

of us, without interest, the sum of One hundred dollars, which said

sum of One hundred dollars. I hereby give and bequeath to my

said daughter in law Mary A. Evans.

Also, my said son Robert T. Evans shall pay out of my said

estate, to my grand son Robert Edward Evans, son of my said

son Evan M. Evans One hundred dollars on his my said

grand son arriving at the age of twenty one years, said legacy not to

draw interest until said grandson arrives at said age of twenty

one years: said sum of one hundred dollars being hereby given and

bequeathed to my said grand son Robert Edward Evans.

Item 4th I hereby appoint and constitute my said son Robert T.

Evans executor of this my last Will and testament, and

do hereby request the Court of Probate to dispense with any appraise-

ment or sale of all or any part of my estate, in accordance with the

Statute.

In witness whereof I hereunto set my hand and seal this 23d

day of August in the year of our Lord, one thousznd, eight hundred

and seventy nine.

Robert E. Evans

Signed by the said Robert E. Evans in our presence, and by him

acknowledged to be his last will and testament in our hearing, and

signed by us as witnesses thereto at his request and in his pres-

ence and in the presence of each other, on said 23d day of August

A.D. 1879.

Thomas Watkins

Jno. A. Cone
Delaware County Ohio Will Records Vol. 9 1890-1893 (441)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (441)

Description

[page 441]

[corresponds to page 412 of Delaware County Ohio Will Records Vol. 9 1890-93]

412
Charles Stanbery's Will

Journal Entry

March 24" 1892

In the Matter of the Will }

of Charles Stanbery, deceased,} This day, an instrument of writing, pur:

porting to be the last Will and Testament

of Charles Stanbery, 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 Charles Stanbery Jr. of Powell, Ohio, and Edward Stanbery of

Avondale, Cincinnati, Ohio. (John R. Stanbery of Powell Ohio

waived further notice 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 30" day of March. A.D. 1892- at 11 o'clock

A.M.
N.F. Overturf

Probate Judge


Application for Probate of Will Filed Mch. 24/92


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.

Charles Stanbery, Deceased.}

To the Hon. N.F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Charles Stanbery late a resident of the Township of Liberty in

said County, died on or about the 19" day of March. A.D. 1892 leav:

ing an instrument in writing, hereto attached, purporting to be his last

Will and Testament; That the said Charles Stanbery 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 R. Stanbery Son Powell O.

Charles Stanbery Jr. " " "

Edward Stanbery " Avondale Cincinnati 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 accord:

ing to law of the pending of said proceedings

John R. Stanbery.

The foregoing application was signed in my presence and sworn to

before me, this 19" day of March. A.D. 1892.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (442)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (442)

Description

[page 442]

[corresponds to page 413 of Delaware County Ohio Will Records Vol. 9 1890-93]

413

Charles Stanbery's Will

Waiver of Notice

I, the undersigned next of kin of the within named decedent, hereby waive

further notice to the probate of said Will.

Dated this 24 day of March. A.D. 1892.

John R. Stanbery


Notice

The State of Ohio } In Probate Court

Delaware County.ss}

In the matter of the last Will and Testament

of Charles Stanbery, deceased.

To John R. Stanbery:

You are commanded to notify Char:

les Stanbery- Jr. and Edward Stanbery that on the 19" day of March

S.D. 1892. an instrument of writing, purporting to be the laast Will and

Testament of Charles Stanbery late of Liberty Township, in said Coun:

ty, 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 appli:

cation will be for hearing before this Court on the 30 day of March. A.D.

1892. at 11 o'clock A.M.

Witness, my hand and the seal of said Probate Court,

at Delaware, Ohio, this 24 day of March. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge.


Return Filed Mch. 30/92

The State of Ohio }

Delaware County.ss.} John R. Stanbery being duly sworn, says

that on the 25 day of March. A.D. 1892.

he served the within notice by delivering a true copy thereof to the within

named Charles Stanbery Jr. and Edward Stanbery

John R. Stanbery

Subscribed in my presence and sworn to before me this 30 day of

March. A.D. 1892.

N.F. Overturf

Probate Judge.


Proof of Signature of Witness to Will Filed Mch 30/92


The State of Ohio }

Delaward County.ss.} W. T. Seely being duly sworn, says that he

was well acquainted with T.O. Seely. his father,

who is now deceased, that he was well acquainted with the hand

writing of the said T.O. Seely, having often seen him write, that the

signature T.O. Seely as subscribing witness to the last Will and Tes:

tament of Charles Stanbery Sen. deceased, is in the own proper hand

writing and signature of the said T.O. Seely who at the date of said Will

was in full life, and resided in Concord Township in said County.

Wm T. Seely.
Delaware County Ohio Will Records Vol. 9 1890-1893 (443)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (443)

Description

[page 443]

[corresponds to page 414 of Delaware County Ohio Will Records Vol. 9 1890-93]

414
Charles Stanbery's Will

Sworn to before me, and subscribed in my presence, this 30" day of March.

A.D. 1892.

N.F. Overturf

Probate Judge.


Journal Entry

March 30" 1892.

In the Matter of the Will }

of Charles Stanbery. Sen. decd} Be it remembered, that heretofore, to-wit:

on the 24 day of March. A.D. 1892. an

instrument of writing, purporting to be the last Will and Testament

of Charles Stanbery, deceased, of Liberty Township, this County, was

produced in open Court for probate, and was 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 rec:

ord in this Court, has been given to Charles Stanbery. Jr. and Ed:

ward Stanbery, and John R. Stanbery only next of kin of the Testator,

resident of the State of Ohio, pursuant to a former order of this Court,

It appearing to the Court from evidence produced that T.O. Seely

one of the subscribing witnesses to said Will is now deceased. The

Court doth accept the evidence of Wm T. Seely son of said T.O.

Seely, deceased, who testified as to the hand writing and signature of said

T.O. Seely that the signature T.O. Seely as witness to said Will

is the handwriting of said T.O. Seely now deceased, and that said T.

O. Seely who at the date of said Will was in full life and a resident

of Concord Township, this County. It being further shown to the sat:

isfaction of this Court that C.W. Mason the other subscribing wit:

ness to said Will is disabled and cannot attend in proof of said

Will, ordered that a commission to take his testimony thereof is:

sure to E.J. Hall of Powell Ohio, and this matter is continued

until March. 31" 1892.

N.F. Overturf

Probate Judge.


Commission Filed Mch 31/92

To take Testimony of Witness to Will


The State of Ohio } To. E.J. Hall. Greeting:

Delaware County.ss }

Know Ye, That we, in confidence of your pru:

dence and fidelity, have appointed you, and by these presents do give you full

power and authority to examine and take the deposition of C.W. Mason

subscribing witness to the last Will and Testament of Charles Stan:

bery Sen. 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 C.W. Mason to be

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

mation first taken before you, touching the due execution of said Will,

of the said Charles Stanbery- Sen. and that you reduce such ex:
Delaware County Ohio Will Records Vol. 9 1890-1893 (444)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (444)

Description

[page 444]

[corresponds to page 415 of Delaware County Ohio Will Records Vol. 9 1890-93]

415

Charles Stanbery's Will

amination to writing, and return the same, together with this Commis:

sion and the Will of the said Charles Stanbery Sen. thereto annexed,

closed up under your seal, into our said Probate Court, with all conven:

ient 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 O. this 30 day of March. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge



Will

I, Charles Stanbery, Sen. of the Township of Liberty, County of Del:

aware and State of Ohio, do hereby make and declare this to be my

last Will and Testament- as follows:

Item 1st

I give and bequeath to my son Charles Stanbery Junr of said Del:

aware County, all the House-hold goods, consisting of China, glass, beds &

bedding, clothing, and every article of personal property, of every description, of

which I die seized or possessed and which is contained in the Dwelling

House- being my late residence, and Situate on Lot No. 14 in Sec. No 3.

of Towp. No. 3 in Range No. 19 of U.S. My lands in said Delaware

Co

Item 2d

All the rest and residue of the personal property which I die seized

or possessed, consisting of money, grain, cattle, hogs, growing crops and

other property, of every description, and not included or described in the

1st (above) Item. ~

I give and bequeath to my daughter Clara S. Neff and my sons John

R. Stanbery, Charles Stanbery. Junr and Edward Stanbery, share and

share alike. And it is my wish and direction that my Executor,

hereinafter named shall have the charge and control of the personal prop:

erty named or described in this 2d Item, and may at his discretion,

either make the proper division of said property, or if any part of parts

thereof, between the parties interested, or make sale of the same or of

any part, or parts thereof and divide the proceeds of any such sale or

sales equally between said parties.

I do hereby nominate and appoint my son John R. Stanbery sole

Executor of this my last Will, and it is my wish and direction,

that no bond or security shall be required of him for the performance

of any trust conferred on him by this writing. And I do further

direct that no public sale shall be made of any of my personal

property in the settlement of my Estate.

In testimony whereof I have hereunto set my hand and seal this

14th day of Juyly.- A.D. 1884.

Charles Stanbery. Sen. {Seal}


Signed, sealed & declared by said Charles Stanbery. Sen. as his

last Will & Testament in the presence of us & at his request

have attested the same as witnesses on the day named.

C.W. Mason

T.O. Seely.
Delaware County Ohio Will Records Vol. 9 1890-1893 (445)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (445)

Description

[page 445]

[corresponds to page 416 of Delaware County Ohio Will Records Vol. 9 1890-93]

416
Charles Stanbery's Will

Deposition of Witness to Will Filed Mch 31/92


The State of Ohio }

Delaware County.ss } Deposition of C.W. Mason subscribing witness

to the last Will and Testament of Charles

Stanbery Sen. deceased, late of the County of Delaware, State of Ohio,

in the matter of said Will pending in the Probete Court of said County,

taken before me, a Commissioner appointed by said Court, pursuant to

the annexed Commission, on the 31" day of March. 1892. at his home C.

W. Mason of lawful age, being by me first duly sworn as hereinafter certi:

fied, deposes and says that he was present at the execution of the paper be:

fore him bearing date the 14 day of July. A.D. 1884. purporting to be the

last Will and Testament of Charles Stanbery Sen. now deceased,

whose name is signed at the end thereof, and at the request of said de:

ceased, he subscribed his name to the same as witness in his presence;

that he saw the said Charles Stanbery Sen. sign and seal said

Will, and heard him acknowledge the same to be his last Will and Tes:

tament, and that the said Charles Stanbery Sen. at the time of mak:

ing, signing and sealing said Will, was of full age, of sound mind and mem:

ory, and not under any restraint.

C. W. Mason


The State of Ohio }

Delaware County.ss.} I, E.J. Hall duly appointed and commission:

ed by the Probate Court of the County of

Delaware and the State of Ohio, to take the deposition of C.W.

Mason subscribing witness to the last Will and Testament of Char:

les Stanbery Sen. deceased, late of Delawre County- State of Ohio,

which Commission and the said Will are hereto annexed, do hereby

certify, that in pursuance of said Commission I caused the above

named C.W. Mason subscribing witness as aforesaid to appear before

me, at the time and place above mentioned, that he was by me first

duly sworn to testify the truth, the whole truth, and nothing but the

truth, in relation to the exeuction of said Will, and that the deposi:

tion by him subscribed as above set forth, was reduced to writing by me

and, also, so written in the presence of the witness aforementioned, and was

subscribed by the said witness 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

31" day of March. A.D. 1892.

E.J. Hall

Commissioner

Delaware County Ohio Will Records Vol. 9 1890-1893 (446)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (446)

Description

[page 446]

[corresponds to page 417 of Delaware County Ohio Will Records Vol. 9 1890-93]

417

Charles Stanbery's Will

Journal Entry

March 31st 1892.

In the Matter of the Will }

of Charles Stanbery Sen. deceased} This day the Commission heretofore

issued to E.J. Hall to take the

testimony of C.W. Mason one of the subscribing witnesses to said

Will having been returned and said testimony having been explained

by the Court, which testimony was reduced to writing and signed by

said C.W. Mason and duly attested by said Commissioner -

Whereupon together with the evidence heretofore submitted, the Court

finds that the aforesaid instrument of writing is the last Will

and Testament of said Charles Stanbery Sen. 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 and herein named, as well as the proceedings had

thereon, be entered of record in ths Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (447)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (447)

Description

[page 447]

[corresponds to page 418 of Delaware County Ohio Will Records Vol. 9 1890-93]

418
Thomas L. Perry's Will

Journal Entry

March 20th 1892.

In the Matter of the Will }

of Thomas L. Perry- deceased.} This day, an instrument of writing, pur:

porting to be the last Will and Testa:

ment of Thomas L. Perry, late of Radnor Township, 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 Ellen Bell, Orrie Perry- Lulu May Perry

and Elmer L. Perry 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 April A.D. 1892. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed Mch. 25/92


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 L. Perry. deceased. }

To the Hon. N.F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Thomas L. Perry late a resident of the Township of Radnor in said

County, died on or about the 3" day of February. A.D. 1892. leaving

an instrument in writing, hereto attached, purporting to be his last Will

and Testament; That the said Thomas L. Perry died leaving Mary

Matilda Perry widow and the following persons his only next

of kin resident of the State of Ohio

Name Age of Degree of Kinship P.O. Address.
Minor

Ellen Bell 26 Daughter Radnor O.

Orrie Perry 16 Son " "

Lula May Perry 12 Daughter " "

Elmer L. Perry 9 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.
her
Mary Matilda X Perry.
mark

The foregoing application was signed in my presence and sworn to

before me, this 25" day of March. A.D. 1892.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (448)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (448)

Description

[page 448]

[corresponds to page 419 of Delaware County Ohio Will Records Vol. 9 1890-93]

419

Thomas L. Perry's Will

Waiver of Notice

I, the undersigned widow of the within named decedent, hereby waive

further notice to the probate of said Will
her
Dated this 25 day of March. A.D. 1892. Mary Matilda X Perry.
mark


Notice

The State of Ohio } In Probate Court

Delaware County.ss }

In the Matter of the last Will and Testa:

ment of Thomas L. Perry. deceased.

To Mary M Perry:

You are commanded to notify

Ellen Bell- Orrie Perry- Lulu May Perry and Elmer L. Perry

that on the 25 day of March. A.D. 1892- an instrument of writing

purporting to be the last Will and Testament of Thomas L. Perry-

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 1" day of April. A.D. 1892.

at 10 o'clock A.M.

Witness, my hand and the seal of said Probate Court,

at Delaware, Ohio, this 25 day of March. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


Return Filed April 1/92

The State of Ohio }

Delaware County.ss } Mary M. Perry being duly sworn, says that

on the 26 day of March. A.D. 1892. he

served the within notice by delivering a true copy thereof to the with:

in named Ellen Bell, Orrie Perry- Lulu May Perry and

Elmer L. Perry.

Mary M. Perry.

Subscribed in my presence and sworn to before me, this 2" day of

April. A.D. 1892.

N.F. Overturf

Probate Judge.


Probate of Will Filed April 1/92

The State of Ohio } In Probate Court

Delaware County.ss }

Personally appeared in open Court Ellen Bell

and Sam Lewis the subscribing witnesses to the last Will and Tes:

tament of Thomas L. Perry 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 re:

lation to the execution of said Will, depose and say: That the pa:

per before them bearing date the 6" day of January. A.D. 1892, pur:

porting to be the last Will and Testament of Thomas L. Perry. now
Delaware County Ohio Will Records Vol. 9 1890-1893 (449)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (449)

Description

[page 449]

[corresponds to page 420 of Delaware County Ohio Will Records Vol. 9 1890-93]

420
Thomas L. Perry's Will

deceased, is the Will of said deceased. Thomas L. Perry, 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 Thomas L. Perry deceased, sign and

seal said Will, and heard him acknowledge the same to be his last Will

and Testament, and that the said Thomas L. Perry at the time of making,

signing, and sealing said Will, was of full age, of sound mind and mem:

ory, and not udner any restraint.

Ellen Bell

Saml Lewis

Sworn to and subscribed by said witnesses, in open Court, this 1st day

of April. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge.


Journal Entry

April 1st 1892.

In the Matter of the Will }

of Thomas L. Perry. deceased.} Be it remembered, that heretofore, to wit:

on the 25" day of March. A.D. 1892. an

instrument of writing, purporting to be the last Will and Testament

of Thomas L. Perry late of Radnor Townshiip, 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 Mary

Matilda Perry his widow, and Ellen Bell- Orrie Perry- Lula

May Perry and Elmer L. Perry 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 Ellen Bell and Sam'l Lewis the subscribing wit:

nesses 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 fines that the aforesaid instrument of writing is

the last Will and Testament of said Thomas L. Perry, 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 wit:

nesses above named, as well as the proceedings had thereon, be entered

or record in this Court.

Citation ordered and issued to Mary M. Perry widow of said decedent

to elect as to said Will, as required by law, and thereupon appeared

said widow and in writing acknowledged service of said Citation

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (450)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (450)

Description

[page 450]

[corresponds to page 421 of Delaware County Ohio Will Records Vol. 9 1890-93]

421

Thomas L. Perry's Will

Will

In the Name of the Benevolent Father Creator of all things ani:

mate and inanimate, I Thomas L. Perry of Radnor Tp. Delaware

County Ohio In view of the certainty of Death and the uncertainty

of Life, Do make and publish this as my last Will and Testament.

(First)

I desire that at my death that my Funeral expenses be paid.

(Second)

I desire that my beloved wife Mary Matilda Perry and Bequeath

to her during her natural Life all my property both Real and Per:

sonal she to pay all debts, taxes, and keep the Place in good repair,

by doing necessary repairs and cultivation. -

(Third)

I desire that at any time when my children are home with my

beloved wife- whether in sickness or in health that they have a home.

But should they be away, whether in sickness or in health, that

my beloved wife is not bound for care, or for living, for them. But

this has refference and to be applied to the time that my children

are single. Should they marry it is hereby left optional with my

wife how frequent and for what length of time she is to furnish

them a home. ~

(Fourth)

I desire that Perry Edward Bell my grandson shall have a

home with my beloved wife and be sent to school and brought up

in habits of Industry the same as my own Children during the

minority of said Perry Edward Bell. Provided that his mother

who is my Daughter is not again married. But should she mar:

ry the care of my grand Child her son will devolve upon my

Daughter and her husband.

(Fifth)

I hereby repeal and revoke all former will or wills. And hereby

sign and seal this as my last Will. This 6th day of January.

A.D. 1892.

Thomas L. Perry {Seal}


Signed and Sealed in presence of us.

Ellen Bell

Sam'l Lewis
Delaware County Ohio Will Records Vol. 9 1890-1893 (451)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (451)

Description

[page 451]

[corresponds to page 422 of Delaware County Ohio Will Records Vol. 9 1890-93]

422

Ralph R Welch Will

Journal Entry

April 1st 1892

In the Matter of the Will }

of Ralph R. Welch- deceased-} This day an instrument of writing, purport:

ing to be the last Will and Testament

of Ralph R. Welch, 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 no:

tice thereof, and of the application to admit the same to probate and record, be

given to Mary M. Welch his widow, and Orvill W. Welch- Philena

B. Tallman- Henry A. Welch- Edward Welch- Fannie S. Welch-

and Louie Welch next of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing before this Court, on the

6th day of April. A.D. 1892. at 10 o'clock A.M. And thereupon came

Mary M. Welch, widow, and in writing waived further notice to the probate

of said Will

N.F. Overturf

Probate Judge.


Application for Probate of Will. Filed April 1/92


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 R. Welch, deceased. }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Ralph R. Welch late a resident of the Township of Delaware in

said County, died on or about the 26" day of March. A.D. 1892. leav:

ing an instrument in writing, hereto attached, purporting to be his

last Will and Testament, That the said Ralph R. Welch died leav:

ing Mary M. Welch widow and the following named persons his only

next of kin residnet of the State of Ohio:

Name Degree of Kinship P.O. Address.

East Long St.

Orvill W. Welch Brother Columbus O.

Philena B. Tallman Sister Delaware O.

Henry A. Welch Brother Delaware O.

Edward Welch " " "

Fannie S. Welch Sister " "

Louie Welch Brother " "


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.

Mrs. Mary M. Welch
Delaware County Ohio Will Records Vol. 9 1890-1893 (452)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (452)
Delaware County Ohio Will Records Vol. 9 1890-1893 (453)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (453)

Description

[page 453]

[corresponds to page 424 of Delaware County Ohio Will Records Vol. 9 1890-93]


424

Ralph R. Welch Will

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 M. Welch- widow- and Philena B. Tallman-

Henry A. Welch- Edward Welch- Fannie S. Welch and Louie

Welch next of kin of the Testator, residnet of the State of Ohio- pur:

suant to a former order of this Court. And it appearing to the Court

that Orvill W. Welch one of the next of kin of said Testator, resi-

dent of the State of Ohio, has not been served with Notice, this matter

is continued for hearing until the 12th day of April. A.D. 1892- at 1

o'clock P.M., and Notice issued to said Orvill W. Welch.

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 Ralph R. Welch- deceased.

To Mary M. Welch:

You are commanded to notify

Orvill W. Welch that on the 1st day of April. A.D. 1892. an

instrument of writing, purporting to be the last Will and Testament

of Ralph R. Welch 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 12th

day of April. A.D. 1892- at 1 o'clock P.M.

Witness, my hand and the seal of said Pro:

bate Court, at Delaware, Ohio, this 6" day of April. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


I, the undersigned person withinnamed, hereby acknowledge ser:

vice of the within notice this day of A.D. 1892

Wm Orville Welch


Probate of Will Filed Apr. 12/92


The State of Ohio } In Probate Court

Delaware County.ss}

Personally appeared in open Court F.M. Mar:

riott and Charles W. Knight the subscribing witness to the

last Will and Testament of Ralph R. Welch alte of Dela:

ware 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (454)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (454)

Description

[page 454]

[corresponds to page 425 of Delaware County Ohio Will Records Vol. 9 1890-93]

425

Ralph R. Welch' Will

31" day of December. A.D. 1891. purporting to be the last Will

and Testament of Ralph R. Welch now deceased, is the Will

of said deceased Ralph R. 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 Ralph R. Welch, deceased,

sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said Ralph

R. Welch 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.

Charles W. Knight

F.M. Marriott

Sworn to and subscribed by said witnesses, in open Court, this

12" day of April. A.D. 1892.

N.F. Overturf

Probate Judge







Journal Entry

April 12th 1892.

In the Matter of the Will }

of Ralph R. Welch-deceased.} This day this matter came on for

hearing, 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 Orvill W. Welch

the other next of kin of said Testator, resident of the State of Ohio,

who has not heretofore had legal notice, pursuant to a former order

of this Court; therefore, on this day came Charles W. Knight

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, whereupon the

Court finds that the aforesaid instrument of writing is the last

Will and Testament of said Ralph R. 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.

Citation ordered and issued to Mary M. Welch widow of said

decedent, to elect as to said Will, as required by Law.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (455)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (455)

Description

[page 455]

[corresponds to page 426 of Delaware County Ohio Will Records Vol. 9 1890-93]

426

Ralph R. Welch' Will

Will

Know all persons that I, Ralph R. Welch of Delaware

Ohio, being of sound and disposing mind and memory, and wishing

to give direction as to my property and effects, do on this 31st day of

December. In the Year of Our Lord 1891, make execute and pub:

lish this my Last Will and Testament. That is to say:

I give devise and bequeath unto my greatly beloved wife Mary M.

Welch all and singular my property, wherther Real or Personal, and

of what kind soever it may be in at the time of my decease, including

my undivided interest in the estate of my deceased father A.A.

Welch.

I nominate constitute and appoint my said wife Mary M. Welch

Executrix of this my last Will without bond, and I desire that

she be not required either to give bond as such executrix, or make

any inventory whatever of my estate, and I here direct the omission of

the same by the Probate Court in accordance with the Statute in

such case made and provided.

In Testimony Whereof I do now and on the day and year last

written subscribe my name and affix my seal, and declare the

foregoing to be my Last Will.

Ralph R. Welch

Signed by Ralph R. Welch in our presence and by us at

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

of each other.

F.M. Marriott

Charles W. Knight
Delaware County Ohio Will Records Vol. 9 1890-1893 (456)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (456)

Description

[page 456]

[corresponds to page 427 of Delaware County Ohio Will Records Vol. 9 1890-93]

427

Morgan B Cox Will

5056
Journal Entry

April 8th 1892.

In the Matter of the Will }

of Morgan B Cox. deceased } An authenticated copy of the last

Will and Testament of Morgan B.

Cox, late of Knox County Ohio, deceased, and of the order of probate

of the same in said County, where this day presented to this Court for

record. Whereupon the Court, finding that certain real estate de:

vised 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.


~~~ Morgan B. Cox ~~~

~~~ Will and Proof ~~~


In the matter of the last } Court of Probate

Will and Testament of } Knox County. Ohio.

Morgan B. Cox- Deceased } June 26" 1892-


Be it remembered that heretofore to wit:

on the 19" day of June. A.D. 1882- an instrument of writing, pur:

porting to be the last Will and Testament of Morgan B. Cox late

of Hilliar 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 H. Cox his

widow and Cara D. Shaffer- Emory L. Cox and Roy B. Cox next

of kin of the testator pursuant to a former order of this Court, there:

fore, on this day came Amos Breece and Samuel Hopkins 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

Morgan B. Cox, deceased, that the same was duly executed

and attested and that the said Testator at the time of sign:

ing the same was of lawful age of sound & disposing mind and

memory, and under no undue or unlawful restraint whatsoever,

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.


"Will"

In the name of the Benevolent Father of All,

I Morgan B. Cox of the County of Knox in the State of

Ohio of sound mind and memory do make and publish this my

last Will and Testament.
Delaware County Ohio Will Records Vol. 9 1890-1893 (457)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (457)

Description

[page 457]

[corresponds to page 428 of Delaware County Ohio Will Records Vol. 9 1890-93]

428

Morgan B. Cox Will

Item 1st

I devise that all my just debts be paid.

Item 2nd

I give devise and bequeath to my wife Elizabeth N. Cox all my prop:

erty both real and personal for the period of two years from the date of my

decease for the purpose of paying my debts and for the support of herself and

my children to be used and controled by her for the foregoing purposes only

and as follows

3

I desire that within the two years above mentioned without any admin:

istration, bond or appraisement she shall either at public or private sale

sell and apply to the payment of my debts all my personal property

excepting one team of horses and the necessary farming utensils one

cow fifty sheep and hogs sufficient for meat for the family for one year.

The above excepted property to be hers absolutely without condition and

if the proceeds of the sale of my personal property shall be more than

sufficient for the purpose then the surplus shall be hers absolutely and

unconditionally, and in in case the personal property shall be insufficient

to pay my debts as above stated. Then I desire my said wife Elizabeth

to sell of my real estate such part or parts as may be sufficient to

finish paying my debts, hereby fully authorizing and empowering her to

sell and convey by proper comveyance the same in parts or parcels as she

may deem most advantageous- I also give and bequeath to my said wife

Elizabeth the sum of Five hundred dollars provided there shall be no sur:

plus money left her from the sale of my personal property if there

should be such surplus then I desire that she shall have an amount which

when added to said surplus shall make the sum of Five Hundred dollars

and she is hereby full authorized to sell and convey any protion of my real

estate for the above purpose- and I also extend the time for the sale of my

real estate for any of the above purposes to the period of three years from my

decease.

4th

I desire that upon the settlement of my estate and the payment of

my debts as hereinbefore provided that the remainder of my real es:

tate subject to the dower estate of my wife Elizabeth shall be equally

divided among my three children Cara D. Cox- Emory L. Cox and

Roy B. Cox and I further will that if my daughter Cara D. Cox

shall die without heirs of her body that her share of my property shall

be diveded equally between my two sons Emory L. Cox and Rob B.

Cox

5.

In case my said wife Elizabeth shall decline to accept the conditions

of this will or in case she should die before the full settlement of my es:

tate having accepted the provisions of this will then in either case I

nominate and appoint Warren S. Jewell of Porter Tp. Delaware County

Ohio, as executor of this my last will and testament.

In witness hereof I have hereunto set my hand and seal this 20th day

of May in the year of our Lord 1882.

Morgan B. Cox {Seal}

Signed sealed and acknowledged by said Morgan B. Cox as his last

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

as witnesses at his request.

Amos Breece

Samuel Hopkins
Delaware County Ohio Will Records Vol. 9 1890-1893 (458)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (458)

Description

[page 458]

[corresponds to page 429 of Delaware County Ohio Will Records Vol. 9 1890-93]

429

Morgan B. Cox' Will

~~~ Proof of Will ~~~


The State Ohio } In Probate Court

Knox County, ss }

Personally appeared in open Court Anna Breece

and Samuel Hopkins the subscribing witnesses to the last Will and

Testament of Morgan B. Cox late of Hilliar Township in said Knox

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 May A. D. 1882 - purporting to be the

last Will and Testament of Morgan B. Cox now deceased is the Will

of said deceased Morgan B. Cox that they were present at the execu=

tion 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 Morgan B. Cox deceased, sign and seal said will,

and heard him acknowledge the same to be his last Will and Test=

ment; and that the said Morgan B. Cox at the time of making, sign=

ing and sealing said Will was of lawful age, of sound and disposing

mind and memory, and under no undue or unlawful restraint whatso=

ever.

Anna Breece

Samuel Hopkins

Sworn to and subscribed by said witnesses in open Court, this 26"

day of June A. D. 1882.

E. A. Bealer

Probate Judge

The State of Ohio }

KNox County, ss. } I, John M. Critchfield Judge of the Probate Court

within and for said County, hereby certify the fore=

going to be a complete and true copy of the last Will and Testament

of Morgan B. Cox deceased; and of the proceedings thereon, together with

the order of the Court probating said Will, as the same appears of

record in said Court.

Witness my official signature and the seal of said Court, at

Mt Vernon Ohio, this 7" day of April A. D. 1892.

{Seal} John M. Critchfield

Probate Judge

The State of Ohio }

Knox County, ss. } I, John M. Critchfield Judge of the Probate Court within and

for said County, hereby certify that on the 17th day of December

1887. W. S. Jewell as administrator with the will annexed of the estate of

Morgan B. Cox, late of this county, deceased, filed in this Court his ac=

count and vouchers for a second and final settlement, and afterward, to-wit: on

the 8th day of Feby 1888 said account was taken up, examined and allowed and

that thereupon said administrator and was released and discharged from any

further liability in the premises.

Witness my hand and the seal of said Court at Mt Vernon Ohio, this

9" day of April, 1892. John M. Critchfield

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (459)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (459)

Description

[page 459]

[corresponds to page 430 of Delaware County Ohio Will Records Vol. 9 1890-93]

430



Raymond Burr's Will

Journal Entry

5017

April 13" 1892 }

In the Matter of the Will }

of Raymond Burr - deceased } An authenticated copy of the last Will

and Testament of Raymond Burr, 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 copied to record,

as provided by law in such cases.


` N. F. Overturf

Probate Judge

Raymond Burr's Will

In the Matter of the Will } Probate Court, Franklin County, Ohio

of Raymond Burr - deceased }

Tuesday, February 2nd A. D. 1892.

This day an insturment of writing, purporting to be the last Will and

Testament of Raymond Burr, late of Montgomery Township, in this

county, deceased, was produced in open Court for Probate. It is now or=

dered 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

hearing before this Court, on the 10" day of February, A. D. 1892

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. Journal No 37 p. 129.

Lorenzo D. Hagerty

Probate Judge


And afterwards, to wit: on the 10" day of February, A. D. 1892 - the

findings and orders of this Court relative to the Last Will and Tes=

tament of Raymond Burr, deceased, were entered on the Journal

in words and figures following, to-wit:

In the Matter of the Will }

of Raymond Burr - Deceased } February 10" A. D. 1892.

Be it Remembered, That, heretofore,

to-wit: on the 2d day of February A. D. 1892, an instrument of

writing, purporting to be the Last Will and Testament of Ray=

mond Burr late of Montgomery 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 the widow and

next of kin of the testator, pursuant to a former order of this Court;
Delaware County Ohio Will Records Vol. 9 1890-1893 (460)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (460)

Description

[page 460]

[corresponds to page 431 of Delaware County Ohio Will Records Vol. 9 1890-93]

431




Raymond Burr's Will



thereupon on this day came Eliza Elliott and A. Lincoln Elliott

the subscribing witnesses to said Will, who, being duly qualified, 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 Raymond Burr 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 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 witness-

es above named, be entered of record in this Court.

Lorenzo D. Hagerty

Probate Judge

I, Raymond Burr of the City of Columbus, State of Ohio,

being conscious that the end of life is near, do make and publish

this my last Will and Testament;

I give and bequeath to my wife; Eliza L. Burr, all my property,

real and personal, during her life, she to have full power to occupy

and possess, to sell and convey, or otherwise dispose of as she may see

fit, and or all of the property herein devised.

It is my desire that the old home, known as No. 470 Oak St.,

remain, to which all the family, children, and grand children,

may freely come as in years past. This, however, not to interfere

with the power of my said wife, to change or dispose of, as circumstances

in the future may dectate. At the death of my said wife, any prop=

erty herein devised or proceeds there of that may remain, to be shared

equally among our children. Expenses of last sickness and funeral

to be paid by my said wife, I owe no debts of which I have knowl=

edge, but should there be any small ones, that are just she will

pay them also.

I do hereby designate and appoint my said wife, Eliza L. Burr,

as sole Executive of this my last will and testament.

I desire that no bond be required of my said wife, Eliza L.

Burr, and that no appraisement of the property be made.

I desire that my son, Charles B. Burr, assist his mother

in any matter connected with the property devised, as she may

need or desire.

In Testimony Here of, I have hereunto set my hand and

seal, this Twenty - Second day of May Eighteen hundred and

Ninety-one

Raymond Burr (Seal)

Witnesses

Eliza Elliott

A. Lincoln Elliott
Delaware County Ohio Will Records Vol. 9 1890-1893 (461)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (461)

Description

[page 461]

[corresponds to page 432 of Delaware County Ohio Will Records Vol. 9 1890-93]

432




Raymond Burr's Will

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 tes=

timony was reduced 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, Eliza Elliott and A. Lincoln, Elli=


ott, being duly sworn in open Court, this 10" day of February, A.

D. 1892. depose and say that we were present at the execution of The

Last Will and Testament of Raymond Burr, deceased, hereunto an=

nexed: That we saw Raymond Burr said Testator Raymond

Burr subscribe said Will, and heard him publish and declare the

same to be his Last Will and Testament; and that the said Ray=

mond Burr 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 his witnesses at this request, and in his presence.

Eliza Elliott

A. Lincoln Elliott

Sworn to and subscribed in open Court, on the day and year first

above writing.


Lorenzo D. Hagerty

Probate Judge

The State of Ohio, Franklin County, ss

I, Lorenzo D. Hagerty, 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 Raymond Burr, 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 testi=

mony of witnesses examined as reduced to writing and filed, and

as recorded in Record of Wills, Vol. N. Page

Witness my official signature, and the seal of said

Court, at Columbus, this 6" day of April. A.D. 1892.

Lorenzo D. Hagerty
{Seal}
Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (462)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (462)

Description

[page 462]

[corresponds to page 433 of Delaware County Ohio Will Records Vol. 9 1890-93]

433




Ezekiel S. Gavitt's Will

Journal Entry

April 6th 1892 }

In the Matter of the Will }

of Ezekiel S. Gavitt, deceased } This day, an instrument of writing, pur=

porting to be the last Will and Testa=

ment of Ezekiel S. Gavitt, 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

that due notice thereof, and of the application to admit the same to

probate and record be given to Corington Gavitt Mary Curren, Cyn=

thia Livingston - Filura Gavitt - Sarah Gavitt and Ella Gavitt

next of kin of the Testator, resident of the State of Ohio, that said

application will be for hearing before this Court on the 13th day of

April A. D. 1892 - at 1 o'clock P. M., Said Corington Gavitt

having in writing waived Notice to probate of said Will.

N.F. Overturf

Probate Judge

Application for Probate of Will Filed Apr. 6/-92

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of The }

Last Will and Testament } Application to Admit to Probate

of E. S. Gavitt, Deceased }


To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully respresents

that E. S. Gavitt late a resident of the Township of Oxford in said

County, died on or about the 31 day of January, A. D. 1892, leaving

an instrument in writing, hereto attached, purporting to be his last

Will and Testament, That the said E. S. Gavitt 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

Corington Gavitt Son Ashley O

Mary Curren Daugh Delaware "

Cynthia Livingston " Leonardsburg ~

Filura Gavitt " Ashley Ohio

Sarah Gavitt Daugh " "

Ella Gavitt " " "

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

Corington Gavitt

The foregoing application was signed in my presence and sworn to



Delaware County Ohio Will Records Vol. 9 1890-1893 (463)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (463)

Description

[page 463]

[corresponds to page 434 of Delaware County Ohio Will Records Vol. 9 1890-93]


434
Ezekiel S. Gavitt's Will

before me, this 6" day of April. A.D. 1892.

N.F. Overturf

Probate Judge


Waiver of Notice

I, the undersigned Next of Kin of the within named decedent, hereby waive

further notice to the probate of said Will

Dated this 6" day of April. A.D. 1892.

Covington Gavitt.

Notice

The State of Ohio } In Probate Court

Delaware County ss.}

In the Matter of the last Will and Testament of

E.S. Gavitt, deceased.

To Cobb Gavitt

You are commanded to notify Mary Cur:

ren- Cynthia Livingston- Filura Gavitt- Sarah Gavitt and Ella Gav:

itt that on the 6" day of April. A.D. 1892. an instrument of writing, pur:

porting to be the last Will and Testament of E.S. Gavitt late of Ox:

ford 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 13" day of April. A.D. 1892, at 1 o'clock P.M.

Witness, my hand and the seal of said Probate Court, at Del:

aware, Ohio, this 6" day of April. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge.


We, the undersigned persons within named,hereby acknowledge service

of the within notice this 11th day of April. A.D. 1892.

Mrs. Cynthia E. Livingston

Mrs. Mary A. Curren

Ella C. Gavitt

Philura Gavitt

Sarah Gavitt


Probate of Will Filed April 13/92


The State of Ohio } In Probate Court

Delaware County.ss}

Personally appeared in open Court James

T. Livingston and Joseph C. Eckles the subscribing witnesses to

the last Will and Testament of E.S. Gavitt late of Oxford Town:

ship 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 6" day of February. A.D. 1879.

purporting to be the last Will and Testament of E.S. Gavitt, who
Delaware County Ohio Will Records Vol. 9 1890-1893 (464)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (464)

Description

[page 464]

[corresponds to page 435 of Delaware County Ohio Will Records Vol. 9 1890-93]


435

Ezekiel S. Gavitt's Will

was Ezekiel S. Gavitt now deceased, is the Will of said deceased

Ezekiel S. Gavitt, 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 Ezekiel S. Gavitt deceased, sign and seal said Will, and heard

him acknowledge the same to be his last Will and Testament, and

that the said Ezekiel S. Gavitt 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.T. Livingston

Joseph C. Eckels.

Sworn to and subscribed by said wintesses, in open Court, this 13"

day of April. A.D. 1892.

N.F. Overturf

Probate Judge



Journal Entry


April 13th 1892.

In the Matter of the Will }

of Ezekiel S. Gavitt, deceased} Be it remembered, that heretofore, to-

wit: on the 6" day of April. A.D.

1892. an instrument of writing, purporting to be the last Will and

Testament of Ezekiel S. Gavitt, 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 giv:

en to Covington Gavitt- Mary Curren- Cynthia Livingston-

Filura Gavitt- Sarah Gavitt and Ella Gavitt 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.T. Livingston

and Jospeh C. Eckels 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 Ezekiel S. Gavitt, 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.
Delaware County Ohio Will Records Vol. 9 1890-1893 (465)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (465)

Description

[page 465]

[corresponds to page 436 of Delaware County Ohio Will Records Vol. 9 1890-93]

436
Ezekiel S. Gavitt's Will

Will

In the name of the benevolent Father of All, I, Ezekiel S. Gavitt of Oxford

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, five hundred

dollars which is now put into the hands of William Wellington Gavitt

in the City of Topeka and State of Kansas for her own use and to do with

as she sees fit and I do further more give to my said wife the Interest annu:

ally on One Thousand Dollars of Bonds, now deposited in the first Nation:

al Bank of Delaware Ohio, during her life time. I also give and devise to my

said wife all the Household Goods that she Claims as her own, and I

furthermore give and devise to my said wife fifty dollars, a year to be paid

out of the income of my farm during her life time. and furthermore my

said wife can have a home with my three single Daughters on the farm

as long as she sees fit to stay & enjoy it.

Item 2nd

I give and devise to my three Daughters namely Filura Gavitt- Sarah Gav:

itt, and Ella Gavitt, the north half of my farm Containing fifty two & a

half (52 1/2) Acres of land be the same more or less and also all the House:

hold Goods (accept those Claimed by my said Wife) and also all the

Stock, & farming Utensils, belonging to me after my decease.

Item 3rd

I give and devise to my three married Daughters namely Mrs. Mary

Curran. Mrs. Cynthia Livingston and Mrs. Viola McCurdy, the

South half of my said farm Containing fifty two, and a half (52 1/2) Acres

of land more or less, the line dividing said farm shall run East and West.

Item 4th

I give and devise to my six Daughters one thousand dollars of Bonds,

now in Bank to be divided Equally among said Daughters after the Death

of my said wife.

Item 5th

I give and devise to my son William Wellington Gavitt twenty-two

Acres of land be the same more or less (Situated on the West end of the lot

that I have deeded to my son Covington Gavitt) after the Death of my

said wife.

Item 6th

My said farm to remain undiveded until after the Death of my said Wife

for the use of my three Daughters that are now Single namely Filura Gav:

itt. Sarah Gavitt & Ella Gavitt. Including also the twenty two acres

that I have Willed to my son William Wellington Gavitt until af:

ter the death of my said wife.

Item 7th

I appoint and make my son Covington Gavitt Executor of this my last

Will and Testament and in Case said Covington Gavitt should die before

the death of my said wife, I do nominate and appoint Alfred R. Living:

ston to act in his stead.

Item 8th

Said Will shall be probated without appraisal or Security.

Item 9th

I do hereby revoke all former Wills by me made.

In testimony hereof, I have hereunto set my hand and seal, this sixth

day of February in the year 1879.

E.S. Gavitt {Seal}

Signed and acknowledged by said Ezekiel S. Gavitt as his last Will

and Testament in our presence, and signed by us in his presence.

James T. livingston

Joseph C. Eckels.
Delaware County Ohio Will Records Vol. 9 1890-1893 (466)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (466)

Description

[page 466]

[corresponds to page 437 of Delaware County Ohio Will Records Vol. 9 1890-93]

437

Henry Rutherford's Will

Application for Probate of Will Filed Apr. 16/92


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

Henry Rutherford, Deceased.}

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County.ss.

Your petitioner respectfully represents

that Henry Rutherford late a resident of the Township of Liberty in

said County, died on or about the 5" day of February. A.D. 1892 -

leaving an instrument in writing, hereto attached, purporting to be his

last Will and Testament: That the said Henry Rutherford died

leaving no widow and the following named persons his only next of

kin resident of the State of Ohio:


Name Degreee of Kinship P.O. Address

Abram V. Rutherford Son Lewis Center O.

Isaac E. Rutherford " Hyattville O.

Archibald H. Rutherford " " "

Elizabeth W. Hall Daugh " "

Henry R. Hess Grand son North 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.

A.H. Rutherford

The foregoing application was signed in my presence and sworn to

before me, this 16" day of April. A.D. 1892-

N.F. Overturf

Probate Judge


Waiver of Notice

We, the udnersigned Next of Kin of the within named decedent,

hereby waive further notice to the probate of said Will, and assent

to probate and record of the same without further proof of than one

subscribing witness.

Dated this 16" day of April. A.D. 1892-

H.R. Hess

A.V. Rutherford

A.H. Rutherford

Isaac E. Rutherford

Elizabeth Hall.
Delaware County Ohio Will Records Vol. 9 1890-1893 (467)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (467)

Description

[page 467]

[corresponds to page 438 of Delaware County Ohio Will Records Vol. 9 1890-93]


438
Henry Rutherford's Will

Testimony of Witness Filed Apr. 16/92


In Probate Court } In the Matter of proving the last Will and Testament of

Delaware County. Ohio} Henry Rutherford, Deceased.


The State of Ohio }

Delaware County.ss.} Leroy Benton, being duly sworn and examined as a

witness in the above entitled matter, says: I was pres:

ent at the execution of the instrument now shown to me, bearing date the 28:"

day of April. A.D. 1880. and offered for probate as the last Will and Tes:

tament of Henry Rutherford, late of Liberty Township, in said County of

Delaware, deceased, and saw the said Henry Rutherford, 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.

Leroy Benton

Sworn to and subscribed by said witness in open Court, this 16" day of

April. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


Journal Entry

April 16th 1892.

In the Matter of the Will }

of Henry Rutherford, deceased} This day, an instrument of writing, purport:

ing to be the last Will and Testament of

Henry Rutherford, late of Liberty Township, in this County, deceased, was

produced in open Court for Probate; On consideration whereof, it is or:

dered that the said Will be filed in this Court. And thereupon came

Abram V. Rutherford- Isaac E. Rutherford- Archibald H. Rutherford

Elizabeth W. Hall- and Henry R. Hess the only next of kin of Tes:

tator, and each for himself and herself waived further notice to the pro:

bate of said Will, and assented to probate and record of the same with:

out further proof of more than one subscribing witness. Thereupon came

Leroy Benton 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, Whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Henry Rutherford

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 threon, be entered or record in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (468)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (468)

Description

[page 468]

[corresponds to page 439 of Delaware County Ohio Will Records Vol. 9 1890-93]

439

Henry Rutherford's Will

Will

In the Name of the Benevolent Father of All, I Henry Rutherford

of Liberty 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 The Farm

on which we now reside situated in the Township of Liberty and Con:

cord- Delaware County Ohio. Containing about Ninety Six 1/3

acres during her natural life and all the Stock, household goods,

Furniture, Provisions, and other goods and Chattles 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

my just debts { At the death of my said wife [the real estate afore:

said, (crossed out)] I give and devise to my sons Abram V. Rutherford and Isaac

E. Rutherford and Archibald H. Rutherford } The Forty Five and

1/3 acres That Lies in Concord Township it being a part of my

home Farm The same to be sold at private sale and the money to

be divided equally amongst those Three heirs or their Legal Repre:

senatives at the decease of Beloved Wife.

Item (Second)

I give and bequeath to my beloved daughter Elizabeth W. Hall [and

to Frank Hall her husband] Fifty one acres Laying in Liberty Town:

ship Delaware County Ohio. The same being the East Part of

my home Farm during her natural life time and at her decease

the same to be sold at private sale and the proceeds to be divided amongst

her legal Heirs said property to pass to them at the decease of my

beloved Wife.

Item (Third)

I also at the decease of my Beloved wife give and bequeath all of

the house hold goods to my Daughter Elizabeth W. Hall during

her Natural lifetime and at her decease to go to her Legal Heirs

Item (Fourth)

At the Decease of my Beloved Wife I give and Bequeath all

of the Chattle Property then Remaining after the debts are all

Paid to my sons Abram V. Rutherford and Isaac E. Rutherford

and Archibald H. Rutherford and Henry R. Hess.

Item (Fifth)

I do hereby nominate and appoint Lewis Benton 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 so as not to conflict with any of the Items

set fourth in this my last will and Testament.

Item (Sixth)

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 testimony hereof I have hereunto set my hand and seal this

Twenty Eighth day of April in the Year Eighteen Hundred

and Eighty.

Henry Rutherford {Seal}

Signed and acknowledged by said Henry Rutherford as his last Will

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

Wm. H. Webster {Seal}

Leroy Benton {Seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (469)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (469)

Description

[page 469]

[corresponds to page 440 of Delaware County Ohio Will Records Vol. 9 1890-93]

440
Henry Rutherford's Estate

Delaware Ohio. April 16" 1892.

We the undersigned sons of Henry Rutherford and Legatees un:

der this his Will agree that his Administrator in the disbursement

of said estate pay over and allow to Henry R. Hess one full one fourth

part thereof & equal in amount with each of us.

In witness thereof we each for our selves our heirs executors- admin:

istrators or assigns have set our hands in testimony of said agreement

and further assent that we shall not contest this our father's Will nor

rights of our sister to hold land herein devised and afterward deeded her by

her father.

A.V. Rutherford

Isaac Rutherford

A.H. Rutherford


Delaware O. April 16" 1892

I Elizabeth W. Hall Daughter named in this Henry

Rutherford' Will agree I shall never contest said Will and assent

that my Three brothers therein named may disburse said estate as

they deem proper without regard to any share for me or my heirs.

Elizabeth Hall


I Henry R. Hess for myself, my heirs- executors and assigns

accept of the provisions in disbursement of my Grand-father's estate

as greed by A.V. Rutherford Isaac E. Rutherford and A.H. Ruther:

ford and in consideration thererof agree to never contest the Will of Hen:

ry Rutherford.

Witness my signature this 16" day of April. 1892.

H.R. Hess.
Delaware County Ohio Will Records Vol. 9 1890-1893 (470)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (470)

Description

[page 470]

[corresponds to page 441 of Delaware County Ohio Will Records Vol. 9 1890-93]


441
George W. Bates Will

Journal Entry

March. 30' 1892.

In the Matter of the Will }

of George W. Bates- deceased} This day, an instrument of writing, purport:

ing to be the last Will and Testament of

George W. Bates, 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 George Nathaniel Bates only next

of kin, of the Testator. Mary E. Bates widow of said George W. Bates

having waived notice, that said application will be for hearing before this

Court on the 5" day of April. A.D. 1892- at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed Mch.30/92


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 W. Bates, deceased. }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner represents

that George W. Bates late a resident of the Township of Delaware

in said County, died on or about the 23 day of March. A.D. 1892-

leaving an instrument in writing, hereto attached, purporting to be his

last Will and Testament; That the said George W. Bates died

leaving Mary E. Bates widow and the following named person his

only next of kin resident of the State of Ohio:


Name Age of Degree of Kinship P.O. Address

Minor

George Nathaniel Bates 15` Son Delaware O.


Your petitioner prays that a time may be fixed for proving of

said Will, and that said above named person may be notified

according to law of the pending of said proceedings.

Mary E. Bates

The foregoing application was signed in my presence and sworn

to before me, this 30 day of March. A.D. 1892-

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (471)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (471)

Description

[page 471]

[corresponds to page 442 of Delaware County Ohio Will Records Vol. 9 1890-93]

442
George W. Bates Will

Waiver of Notice

I, the undersigned widow of the within named decedent, hereby waive furth:

er notice to the probate of said Will.

Dated this 30 day of March. A.D. 1892.

Mary E. Bates


Notice

The State of Ohio } In Probate Court

Delaware County.ss }

In the Matter of the last Will and Testament of

George W. Bates, deceased.

To Mary E. Bates:

You are commanded to notify George

Nathaniel Bates that on the 30" day of March. A.D. 1892. an instru:

ment of writing, puprporting to be the last Will and Testament of George

W. Bates 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 5" day of April. A.D. 1892.

at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court, at Delaware

Ohio, this 30" day of March. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


Return Filed April 3/92

The State of Ohio }

Delaware County.ss.} Mary E. Bates being duly sworn, says that

on the 30 day of March. A.D. 1892 he served

the within notice by delivering a true copy thereof to the within named

George Nathaniel Bates.

Mary E. Bates

Subscribed in my presence and sworn to before me this 5" day of April

A.D. 1892.

N.F. Overturf

Probate Judge


Journal Entry

April 5" 1892.

In the Matter of the Will }

of George W. Bates, deceased.} Be it remembered, that heretofore, to wit:

on the 30" day of March. A.D. 1892 an

instrument of writing, purporting to be the last Will and Testament

of George W. Bates, 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 Mary E. Bates, widow.

and George Nathaniel Bates only next of kin of said Testator, res:
Delaware County Ohio Will Records Vol. 9 1890-1893 (472)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (472)

Description

[page 472]

[corresponds to page 443 of Delaware County Ohio Will Records Vol. 9 1890-93]

443

Groge W. Bates Will

ident of the State of Ohio, pursuant to a former order of this Court.

And now the further hearing of said Will is continued until the 25"

day of April. A.D. 1892. at 10 o'clock A.M.



Testimony of Witness Filed April 25/92


In Probate Court } In the Matter of Proving the Last Will and Testament

Delaware County. Ohio.} of George W. Bates, Deceased -


The State of Ohio }

Delaware County. } Henry J. Eaton, being duly sworn and examined

as a witness in the above entitled matter, says,

I was present at the execution of the instrument and shown to me,

bearing date the 16" day of July. A.D. 1884, and offered for probate

as the last Will and Testament of George W. Bates, late of Del:

aware Township, in said County of Delaware deceased, and saw the

said George W. Bates, now deceased, sign and seal said instrument,

and Codicils 1 & 2, and heard him acknowledge the same to be

his last Will and Testament, and Codicils thereto; and I, thereup:

on, at his request, and in his presence, subscribed my name to the same

as a witness to said Will and to Codicil 1 on Oct. 19. 1887 and cod:

icil 2. Dec. 1" 1887. 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.

Henry J. Eaton

Sworn to and subscribed by said witness' in open Court, this 25"

day of April. A.D. 1892.

N.F. Overturf

Probate Judge.


Proof of Signature of Witness to Will Filed Apr. 25/92


The State of Ohio }

Delaware County.ss } Mame Parks being duly sworn, says

that she was well acquainted with Henry

G. Sheldon who is now deceased, that she was 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 George

W. Bates, deceased, is in the own proper hand writing and signa:

ture of the said Henry G. Sheldon who at the date of said Will

was in full life, and resided in Delaware Ohio in said County-

Mame Parks

Sworn to before me, and subscribed in my presence, this 25" day

of April. A.D. 1892.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (473)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (473)

Description

[page 473]

[corresponds to page 444 of Delaware County Ohio Will Records Vol. 9 1890-93]

444
George W. Bates Will

Probate of Codicil Three to Will Filed April 25/92


The State of Ohio } In Probate Court

Delaware County.ss }

Personally appeared in open Court E.E. Neff and

B.F. Freshwater the subscribing witnesses to a Codicil to the last Will

and Testament of George W. Bates 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 Codicil 3 to said Will, depose and

say: That the paper before them bearing date the 19 day of June-

A.D. 1891. purporting to be a Codicil to the last Will and Testament

of George W. Bates now deceased, is a Codicil to the Will of said

deceased George W. Bates- that they were present at the execution

of said Codicil to said Will, and at the request of the Testator re:

spectively subscribed their names to the same as witnesses, in his pres:

ence; that they saw the said George W. Bates deceased, 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

George W. Bates at the time of making, signing, and sealing said

Codicil to said Will, was of full age, of sound mind and memory.

and not under any restraint.

E.E. Neff

B.F. Freshwater

Sworn to and subscribed by said witnesses, in open Court this 25"

day of April. A.D. 1892.

N.F. Overturf

Probate Judge.





Journal Entry

April 25" 1892

In the Matter of the Will }

of George W. Bates-deceased} This day this matter came up for

hearing- and thereupon came Henry J.

Eaton, one of the subscribing witnesses to the Will and Codicils

Numbers One and Two thereto, of said George W. Bates, deceased,

who being duly sworn, testified to the due execution and attestation of

said Will and Codicils thereto, which testimony was reduced to

writing, by him subscribed and filed with said Will. And it appear:

ing to the Court that Henry G. Sheldon the other subscribing wit:

ness to said Will and Codicils One and Two thereto, is now deceased,

thereupon Mame Parks appeared in open Court. and was duly

sworn and examined according to law touching the genuineness of

the signature of said Henry G. Sheldon, attached to said Will,

and her testimony thereon was reduced to writing, by her subscribed

and filed. Also at the same time came E.E. Neff and B.F. Fresh:

water the subscribing witnesses to Codicil Number Three to said

Will, who being duly sworn, testified to the due execution and attesta:

tion of said Codicil to said Will, which testimony was reduced
Delaware County Ohio Will Records Vol. 9 1890-1893 (474)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (474)

Description

[page 474]

[corresponds to page 445 of Delaware County Ohio Will Records Vol. 9 1890-93]


445

George W. Bates Will

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 W. Bates

deceased, and Codicile thereto. That the same were duly executed

and attested; and that the said Testator, at the time of making,

signing and sealing said Will and Codicils 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 Codicils thereto be

admitted to probate, and that the same, together with the testimony

of the witnesses above named, as well as the proceedings had thereron,

be entered of record in this Court.

Citation ordered and issued to Mary E. Bates widow of said

decedent to elect as to said Will, as required by law, and thereupon

said widow acknowledged service of said Citation.

N.F. Overturf

Probate Judge.


Last Will and Testament

I, George W. Bates of the City of Delaware, County of Delaware

and State of Ohio, being about sixty seven 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:

Item 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.

Item Second

I Give, Devise and Bequeath to Mary [E. [[Emmond]], (crossed out)] my af:

fectonate true, faithful & competent wife, & in lieu of her year's sup:

port & all that portion of my estate to which she would be entitled

by law were I to make no Will, all the money, notes, mortgages,

estate & property of any & every kind whatsoever. & in whatsoever form

the same may be in at my decease of which I may be the owner

to be hers absolutely with the same right, title & ownership there:

in & control thereof that I have during my life time, provided

that she remains unmarried after my decease ~ & continues my

widow until her decease.

Item Third

But if the said Mary [Emmond (crossed out)] Bates after my decease, should

merry again, then in lieu of the bequest above in Item Second

made to her, I do here give devise & bequeath to her the One third

part of my said estate to be hers absolutely, the remaining two

thirds part to be disposed of as hereinafter stated.

Item Fourth

In case my said wife, Mary E. Bates after my decease marries

again, then I do give devise and bequeath to our son George Nathan-

iel Bates, the two thirds part of all my estate, [left after taking (crossed out)] being

all that part left after taking out the one third part devised to her

above in Item Third

Item Fifth

I appoint & constitute my said wife sole Executrix of this my last

will & testament & knowing her to be honest & competent, she is here
Delaware County Ohio Will Records Vol. 9 1890-1893 (475)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (475)

Description

[page 475]

[corresponds to page 446 of Delaware County Ohio Will Records Vol. 9 1890-93]

446
George W. Bates Will

excused from giving any bond as said Executrix & also excused from

having any appraisement of my estate, & I request that the Probate Court

of said County, do not require her to give any bond or to return any ap:

praisement oth A.M. f said estate.

In Testimony Whereof, I have set my hand to this, my Last Will

and Testament, at the City of Delaware Ohio, this sixteenth day

of July, in the year of our Lord One thousand Eight Hundred and

eighty four.

George W. Bates.

The foregoing Instrument was signed by the said George W. Bates

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 subscribed our Names as Attest:

ing Witnesses, at the City of Delaware Ohio, this sixteenth day of

July A.D. 1884.

Henry G. Sheldon, resides at Delaware Ohio

Henry J. Eaton, resides at Delaware Ohio


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Codicil Number One to the foregoing last Will & Testament

On this Oct 19th A.D. 1887 I, the within named George W. Bates

maker of the foregoing last Will & and Testment & Codisole Ns me & two do

That this which is now herein witten is cordicil number one to the

said Will. Item Sixth. If my said wife Mary E. Bates re

mains unmarried & dies leaving no issue surviving her then I do

give & devise so much of my estate real & personal & the inverse that

of as she may leave unensured at her decease, to my two Brothers

Hanson A Bates of East th A."Haddam Dinnertrait, & Richard S. Bates

of the City of Stodatim California & my sister Ophelia Tiley wife of

S Tiley of Oasep, Connecticut to each, his an her legal represent atwes in

S Tiley of Essex, Conneticut to each his an her legal represent atwes in

case of decease. the one third 1/3 part there of

Item Seventh. I do give & bequeath to my brother the said

Bates, the sum of One Hundred & Fifty Dollars ($150.) to be paid to him

out of my estate by my Executrix at the end of each & every year from the

day of my decease & so long asmy said Brother shall live.

And in case of the division of my estate as provvided in Items Third & Fourth

of said Will. Then said shares are to contribute said $150. Proportionatly

that is $50. per annum is to be paid out of said one third part of estate

given to my wife in "Item 3rd" & $100 per annum is sto be paid out of

said two thirds part of estate fiven in Item 4th to our son.

And I do hereby ratify & confirm my aforsaid Will in all respects

excep so for onkly as changed by this Cordisil.

In testimony whereof I the said Geore W. Baates have hereinto set

my signature this Oct. 19 A D 1887.

George W. Bates

Signed by the said George W. Bates in our presence & by him ac.

krowledged to us to be Coricil No one to his forgoing last Will

& testament & signed by us at his request in his presence & in the
Delaware County Ohio Will Records Vol. 9 1890-1893 (476)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (476)

Description

[page 476]

[corresponds to page 447 of Delaware County Ohio Will Records Vol. 9 1890-93]

447

George W. Bates Will

presence of each other or witnesses thereto,

Henry G. Sheldon

Henry J. Eaton


~~~~~~~~~~~~~~~~~~~~~~~~~~

Codicil Number two to the foregoing last Will & Testament
~~~~~~~~~~~~~~~~~~~~~~~~~~~

On this Dec. 1st A.D. 1887. I, the above named George W. Bates

maker of the foregoing last Will & Testament Codicil No. one do

make and declare That this which is now herein written is Codicil

Number two to the said Will. I do hereby revoke so much of the said

Codicil Number One as is designed "Item Seventh" I do give & bequeath to my

do substitute the following "Item Seventh" I do give & bequeath to my

brother the said Hanson A. Bates, the sum of Fifty Dollars, ($50) per

annual to be paid to him out of my estate by my Executrix at the end of

each & every year from the day of my decease & as long as my said broth=

er shall live. And in case of the division of my estate as provided in

"Items Third & Fourth" of said Will, Then said shares are to contrib-

ute said Fifty dollars per annum is to be paid out of said one third part of my es=

tate given to my wife in "Item 3d & thirty three & a third dollars per

annum is to be paid out of "said two thirds part of estate given in "Item

4th to our son. And I do hereby notify & confirm my aforesaid Will

& Codicil No one in all respects except so for only as changed by this

Codicil No 2.

In testimony whereof I the said George W. Bates have hereunto set

my signature this Dec. 1st A. D. 1887.

George W. Bates

Signed by the said George W. Bates in our presence & by him ac=

knowledge to us to be Codicil No two to his foregoing last Will & tes=

tament & signed by us as witnesses thereto at his request in his presence

& in the presence of each other.

Henry G. Sheldon

Henry J. Eaton

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Codicil Number Three to the foregoing last Will & Testament

On this 19" day of June A.D. 1891. I the above named George W. Bates

maker of the foregoing Last Will & Testament & Codicils Nos one & two do

make and declare that this which is now herein written is Codicil No.

Three to said Will. I do hereby revoke all of Codicil No Two and all of

"Item Seventh" in Codicil No one to the foregoing Last Will & Testament,

and I hereby ratify & confirm my aforesaid Will and Item Sixth in Cod=

icil Number One. In testimony whereof I the said George W. Bates

have hereunto set my signature this 19" day of June A. D. 1891.

George W. Bates

Signed by the said George W. Bates in our presence & by him acknowl=

edged to us to be Codicil No three to his foregoing Last Will & Testament

& signed by us witnesses thereto at his foregoing Last Will & Testament

in the presence of each other.


E. E. Neff

B. F. Freshwater
Delaware County Ohio Will Records Vol. 9 1890-1893 (477)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (477)

Description

[page 477]

[corresponds to page 448 of Delaware County Ohio Will Records Vol. 9 1890-93]

448

Robert J. McGonigles Will

Application for Probate of Will Filed May 3/-92
~~~~~~~~~~~~~~~~~~~~~~~~~~~

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

Robert J. McGorigle - deceased}

To the Hon. N. F. Overturf - Judge of the

Probate court in and for said County:

Your petitioner respectfully represents that

Robert J. McGorigle late a resident of the Township of Oxford in said

Counrty died on or about the 8" day of April A.D. 1892 - leaving an instru=

ment in writing, hereto attached, purporting to be his last Will and Tes=

tament; That the said Robert J. McGorigle died leaving Almira Mc

Gorigle widow - and the following named persons his only next of kin res=

ident of the State of Ohio.

Name Degree of Kinship P. O. Address

Rodney D. McGorigle Son Ashley, O.

Joseph A. Mc Gorigle " Ashley, O.

Ida B. Woline Grand = 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 ac=

cording to law of the pending of said proceedings

R. D. McGorigle

The foregoing application was signed in my presence and sworn to be=

fore me this 3" day of May A. D. 1892.

N. F. Overturf

Probate Judge

We, the undersigned Widow and Next of Kin of the within named dece=

dent, hereby waive further notice to the probate of said Will

Dated this 3 day of May A. D. 1892.

her

Admira X McGorigle

mark

Rodney D. McGorigle

Ida B. Worline

J.A. McGorigle

Probate of will Filed May 3/-92

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court Joseph F.

Wilt and Thomas M. Seeds the subscribing witnesses to the last Will

and Testament of Robert J. McGorigle 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 re=
Delaware County Ohio Will Records Vol. 9 1890-1893 (478)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (478)

Description

[page 478]

[corresponds to page 449 of Delaware County Ohio Will Records Vol. 9 1890-93]

449

Robert J. McGorigles Will

lation to the execution of said Will, depose and say: That the paper

before them bearing date the 25" day of February A. D. 1888 - purport=

ing to be the last Will and Testament of Robert J. McGorigle now

deceased, is the Will of said deceased, Robert J. McGorigle 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 this presence; that they saw the said Robert J. McGor=

igle deceased, sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

Robert J. McGorigle 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

Thos M. Seeds

Sworn to and subscribed by said witnesses, in open Court, this 3" day

of May A. D. 1892.


N.F. Overturf
{Seal}
Probate Judge

Journal Entry
~~~~~~~~~~

May 3rd 1892

In the Matter of the Will }

of Robert J. McGorigle - deceased } This day, an instrument of writing,

purporting to be the last Will and

Testament of Robert J. McGorigle, late of Oxford 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 Almira McGorigle - widow - and

Rodney D. McGorigle - Joseph A. McGorigle and Ida B.

Wosline only next of kin of said Testator resident of the State of

Ohio and in writing waived further Notice to the probate of said Will

And thereupon came Joseph F. Wilt and Thos M. Seeds the sub=

scribing 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 respectivley subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testiment of said Robert J. Mc

Gorigle, 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 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.

Citation ordered and issued to Almira McGorigle widow of said de=

cedent to elect as to said Will, as required by law.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (479)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (479)

Description

[page 479]

[corresponds to page 450 of Delaware County Ohio Will Records Vol. 9 1890-93]

450

Robert J. McGorigles Will

Will

In the name of the Benevolent Father of All, I Robert J. McGonigle

do make and publish this my last Will and Testament.

Item 1st

I give and devise to my Beloved wife Almira in lieu of her dower the

Farm on which we formerly resided known in the family as the home

farm Situate in Oxford Township Delaware Co. O. being the West part

of Lots No 7 & 8 in Section two Tonship Six Range 18 eighteen containing

138 acres. Also in Lot No 87 in the town or Village of Ashley. Also out

Lot C.G. in said Village containing three acres all in Oxford Tp Del:

aware Co O. during her natural life and all the stock household goods

furniture and other chattles which may be thereon at the time of my de:

cease during her life. She however setling as much thereof as may be

sufficient to pay all of my just debts & funeral expenses At the death

of my said wife the Real estate aforesaid I give and devise to my sons

Rodney D. McGonigle and Joseph A. McGonigle and their heirs after

deducting * one thousand dollars therefrom to be given to Rodney D.

McGonigle then the Remainder to be equally divided between said

Rodney D. & Joseph A. McGonigle if however either of my said two

sons should die before the decease of my said wife leaveing leaveing no

children liveing at the decease of my said wife then the share of said

property above devised to said deceased son is hereby devised and bequeath:

ed to my other son and his heirs. If my said wife should not survive

me then I devise and bequeath the property aforesaid to my two sons

Rodney D. McGonigle and Joseph A. McGonigle and their heirs forever.

(Explanation)

The thousand Dollars here mentioned is for money

paid by him on a former advancement to him

which he paid more than Joseph A. McGonigle

paid on the advancement to him.

Robert J. McGonigle

Item 2nd

I do hereby nominate and appoint my two sons Rodney D. and Jos:

eph A. McGonigle executors of this my last will and testament here:

by authorizing and empowering them to compromise adjust release and

discharge in such manner as they may deem proper the debts and

claims due me. I do also authorize and empower them if it shall

become necessary in order to pay my debts to sell by private sale or

in such manner upon such terms of credit or otherwise as they may

think proper all or any part of my Real Estate and deeds to pur:

chasers execute acknowledge and deliver in fee simple.

I desire that no appraisement and sale of my personal property be

made and that the Court of Probate direct the omission of the same in

pursuance of the Statute. I desire if possible that my heirs settle

my estate and make a divisiion among themselves without going into

Court.

(over)

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

day of Feb. 1888

Robert J. McGonigle

Signed acknowledged by said

Robert J. McGonigle as his

last will and testament in our

presence and signed by us in

his presence.

Joseph F. Wilt

Thos M. Seeds
Delaware County Ohio Will Records Vol. 9 1890-1893 (480)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (480)

Description

[page 480]

[corresponds to page 451 of Delaware County Ohio Will Records Vol. 9 1890-93]

451

Aaron Brown's Will

5048 Journal Entry

April 13th 1892.

In the Matter of the Will }

of Aaron Brown- deceased- } This day, an instrument of writing, purporting

to be the last Will and Testament of Aaron

Brown 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

Stephen Brown- A. Brown- G.M. Brown- and O.C. Brown next

of kin of the Testator, resident of the State of Ohio- that said application

will be for hearing before this Court on the 4th day of May. A.D.

1892- at 10 O'clock A.M. Asenath C Brown widow of said Testator

having in writing waived further notice to the probate of said Will

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed April 13/92

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

Aaron Brown- deceased. }

To the Hon. N. F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Aaron Brown late a resident of the Township of Porter in said Coun:

ty, died on or about the 6" day of December- A.D. 1891. leaving an instru:

ment in writing, hereto attached, purporting to be his last Will and Tes:

tament; That the said Aaron Brown died leaving Asenetha Brown

of Kingston Center Ohio- widow- and the following named persons his

only next of kin resident of the State of Ohio.


Name Degree of Kinship P.O. Address

Asenath C. Brown Widow Kingston Center- O.

Stephen Brown Bro. Cardington O.

A. Brown Nephew " "

G.M. " " " "

O.C. Brown " 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.

Asenath C. Brown -


The foregoing application was signed in my presence and sworn to

before me, this 4" day of April. A.D. 1892-

J. C. Wood

Justice of the Peace.
Delaware County Ohio Will Records Vol. 9 1890-1893 (481)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (481)

Description

[page 481]

[corresponds to page 452 of Delaware County Ohio Will Records Vol. 9 1890-93]

452
Aaron Brown's Will

Waiver of Notice

I, the undersigned widow of the within named decedent, hereby waive

further notice to the probate of said Will.

Dated this 4 day of April- A.D. 1892.

Asenath C. Brown.


Notice Filed April 8/92

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testament of

Aaron Brown- deceased.

To Asenath Brown:

You are commanded to notify Stephen

Brown- A. Brown and G. Brown of Cardington Ohio - that on the 18"

day of April- A.D. 1892- an instrument of writing, purporting to be the last

Will and Testament of Aaron Brown late of Porter Township, in said Coun:

ty. 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 appli:

cation will be for hearing before this Court on the 4" day of May. A.D.

1892 at 10 o'clock A.M.

Witness, my hand and the seal of said Probate Court, at Delaware,

Ohio, this 13" day of April- A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


We, the undersigned persons within named, hereby acknowledge service of

the within notice this 14 day of April. A.D. 1892.

S. Brown

A.B. Brown

G.M. Brown.


Notice Filed April 8/92

The State of Ohio } In Probate Court

Delaware County.ss.}

In the matter of the last Will and Testament

of Aaron Brown- deceased.

To Asenath C. Brown:

You are commanded to notify O.C.

Brown of Columbus Ohio. that on the 13" day of April. A.D. 1892.

an instrument of writing, purporting to be the last Will and Testament

of Aaron Brown late of Porter 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 4" day of May. A.D.

1892. at 10 o'clock A.M.

Witness, my hand and the seal of said Probate Court, at

Delaware, Ohio, this 13" day of April. A.D. 1892-

N.F. overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (482)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (482)

Description

[page 482]

[corresponds to page 453 of Delaware County Ohio Will Records Vol. 9 1890-93]

453
Aaron Brown's Will

I, the undersigned person within named, hereby acknowledge service

of the within notice this 15th day of April. A.D. 1892.

Orlando C. Brown-


Journal Entry

April 18th 1892-

In the Matter of the Will }

of Aaron Brown- deceased- } It appearing to the satisfaction of the

Court that the subscribing witnesses to

said Will, are without the Jurisdiction of this Court, but reside in

Cleveland, in the State of Tennessee, It is therefore ordered that a

Commission issue to Bascom Rogers, of Cleveland Tennessee, to

take the deposition of John Trunk and W. L. Cook, the subscribing

wintesses to said Will, touching the due execution of said Will,

and return the same duly certified with all convenient speed to this

Court.

N.F. Overturf

Probate Judge.


Commission Filed April 29/92

To take Testimony of Witness to Will


The State of Ohio } To Bascom Rogers. Greeting:

Delaware County.ss.}

Know Ye, That we, in confidence of your pru:

dence and fidelity, have appointed you, and by these presents do give

you full power and authority to examine and take the deposition

of John Trunk and W.L. Cook subscribing witesses to the

last Will and Testament of Aaron Brown hereto annexed, late of

the County of Delaware, in the State of Ohio, deceased; and there:

fore we command you, that at certain days and places appointed by

you, you cause the said John Trunk and W.L. Cook to be brought

before you, and then and there to examine them on oath or affirma:

ation to writing, and return the same, together with this Commission

and the Will of the said Aaron Brown thereto annexed, closed up

under you 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 O, this 18" day of April. A.D.

1892.

N.F. Overturf

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (483)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (483)

Description

[page 483]

[corresponds to page 454 of Delaware County Ohio Will Records Vol. 9 1890-93]

454
Aaron Brown's Will

"Will"

In the Name of the Benevolent Father of All, I Aaron Brown of the

County of Bradley and State of Tennessee, Do make and publish this

my Last Will and Testament.

I give devise and bequeath to my Beloved wife Asenath C. Brown all my

property both Real and personal that I may have at the time of my death,

to have and hold absolutely, after defraying funeral expenses and payment

all my just debts (if there be any). And I do hereby empower my Be:

loved Wife Asenath to collect all dues and demands that may be due

me at the time of my Death.

I do hereby revoke all former wills by me made.

In testimony thereof I have hereunto set my hand and seal this elev:

enth day of June- In the year of our Lord One thousand eight hundred

and Eight five-

Aaron Brown. {I.S.}

Signed and acknowledged by said Aaron Brown as his last Will and

Testament in our presence and signed by us in his presence.

Witness { John Trunk

{ W.L. Cook


Deposition of Witness to Will Filed Apr. 29/92


The State of Tennessee }

Bradley County.ss. } Deposition of John Trunk and W. L. Cook sub:

scribing witnesses to the last Will and Testament

of Aaron Brown deceased, late of the County of Delaware- State of

Ohio, in the matter of said Will pending in the Probate Court of

said County, taken before me, a Clerk of County Court, the same being a

Court of record, pursuant to the annexed Commission, on the 19 day of April-

1892- at Cleveland- Bradley County. Tennessee, of lawful age, being by me

first duly sworn as hereinafter certified, depose and say that they were

present at the execution of the paper before them bearing date the 11 day of

June. A.D. 1885. purporting to be the last Will and Testament of Aaron

Brown 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 the

witnesses, in his presence; that they saw the said Aaron Brown sign and

seal said Will, and heard him acknowledge the same to be his last Will

and Testament, and that the said Aaron Brown at the time of making.

signing and sealing said Will, was of full age, of sound mind and mem:

ory, and not udner any restraint.

John Trunk

W.L. Trunk,

Sworn to and subscribed to before me this 19th day of April- 1892-

Bascom Rogers

Clerk of County Court


The State of Tennessee }

Bradley County.ss } I, Bascom Rogers duly appointed and com:

missioned by the Probate Court of the Coun:

ty of Delaware and the State of Ohio, to take the deposition of
Delaware County Ohio Will Records Vol. 9 1890-1893 (484)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (484)

Description

[page 484]

[corresponds to page 455 of Delaware County Ohio Will Records Vol. 9 1890-93]

455

Aaron Brown's Will

John Trunk and W.L. Cook subscribing witnesses to the last Will and

Testament of Aaron Brown deceased, late of Delaware County- State

of Ohio, which Commission and the said Will are hereto annexed, do here:

by certify, that in pursuance of said Commission I caused the above

named John Trunk and W. L. Cook subscribing witnesses as aforesaid

to appear before me, at the time and place above mentioned; that they were

by me first duly sworn to testify the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will, and that the dep:

osition by them resepectively subscribed as above set forth, was reduced to

writing by me and, also, so written in the presence of the witnesses afore:

mentioned respectively, and was subscribed by the said witnesses in my pres:

ence; and I further certify, that I am not Counsel, Attorney, or Rel:

ative 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 19" day o April

A.D. 1892-

Bascom Rogers

Commissioner


Journal Entry

May 4th 1892.

In the Matter of the Will }

of aaron Brown- deceased. } Be it remembered, that heretofore, to-wit:

on the 13th day of April. A.D. 1892- an

instrument of writing, purporting to be the last Will and Testament of

Aaron Brown, 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 rec:

ord in this Court, has been given to Asenath E. Brown- widow- and

Stephen Brown- A. Brown- G.M. Brown and O.C. Brown next of

kin of the Testator, resident of the State of Ohio- pursuant to a former

order of this Court. And the Commission heretofore issued herein

to take the testimony of John Trunk and W.L. Cook the subscribing

witnesses to said Will, of Aaron Brown- deceased, having been re:

turned duly executed, the same was filed herein- Whereupon the

Court finds that the aforesaid instrument of writing is the last Will

and Testament of said Aaron Brown- 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.

Citation ordered and issued to Asenath C. Brown widow of said

decedent to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (485)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (485)

Description

[page 485]

[corresponds to page 456 of Delaware County Ohio Will Records Vol. 9 1890-93]

456
Benjamin Seigfried's Will

5077 Journal Entry

May 28th 1892

Benjamin Seigfried's Will

This day an instrument duly certified by the Probate Court of Frank:

lin County- Ohio- as the Probate and record of the Last Will and Tes:

tament of Benjamin Seigfried, was produced in open Court and re:

quested that the same be entered of record in ths County- ordered the

same be entered of record in this Court.

N.F. Overturf

Probate Judge



Benjamin Seigfried's Will


In the Matter of the Will of } Probate Court- Franklin County- Ohio-

Benjamin Seigfried- deceased. }

Saturday- February 25" A.D. 1892

This day an instrument of writing, purporting to be the Last Will and

Testament of Benjamin Seigfried, late of Montgomery 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 no:

tice thereof and of the application to admit the same to Probate and Rec:

ord, 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

hearing before this court, on the 25 day of February. A.D. 1892 at 10

o'clock A.M. said notice to be in writing and to be served on said par:

ties personally, or by leaving copies thereof at their usual place of resi:

dence. Journal No 37" p- 186-

Lorenzo D. Hagerty

Probate Judge.


And afterwards, to-wit: on the 25" day of February. A.D. 1892. the

findings and orders of this Court relative to the Last Will and Tes:

tament of Benjamin Seigfried, deceased, were entered on the Journal

in words and figures following, to-wit:


In the Matter of the Will of } Thursday- February. 25" A.D. 1892_

Benjamin Seigfried, deceased.}

Be it remembered, That, heretofore,

to-wit: on the 20" day of February. A.D. 1892- an instrument of writing

purporting to be the Last Will and Testament of Benjamin Seigfried

late of Montgomery 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 the widow and next of kin of

the testator, pursuant to a former order of this Court; thereupon on this

day came Joseph A. Weiser and Daniel L. Kline the subscribing

witnesses to said Will, who, being duly qualified, testified to the due
Delaware County Ohio Will Records Vol. 9 1890-1893 (486)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (486)

Description

[page 486]

[corresponds to page 457 of Delaware County Ohio Will Records Vol. 9 1890-93]

457
Benjamin Seigfried's Will

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 Benjamin Seigfried, de:

ceased; that the same was duly executed and attested; that the said

testator, at the time of singing the same was of lawful age, of sound

and disposing mind and memory, and under no undue or unlawful re:

straint 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.

Lorenzo D. Hagerty

Probate Judge.


State of Ohio Franklin Co. ss.

Know all Men By these Presents:

In the Name of the Benevolent Father of All

I, Benjamin Siegfried, of the City of Columbus, in the Coun:

ty of Franklin, State of Ohio- being of sound and disposing mind,

and memory, and understanding, do make this my last will and

testament in the maner and form following

1. I give bequeath and devise, to my wife Harriet Siegfried

during her natural life time all my real estate thereafter to be

equally divided amongst the children, excepting my Daughter

Mary E. Siegfried, who shall first be paid a note she holds

against the estate, thereafter to share equally with the rest of

my children, after their mother's death.

2. The real estate I am now seized with is described (ss) one lot

of land containing 43 acres in range 19 Township 5. Sec 3. Lot 8S.

W. Pt. one lot of land containing 17 1/2 acres range 19 T.5 Sec. 3, lot

9 located in Delaware Township. Delaware County Ohio.

3. I appoint my wife Harriet Siegfried sole Executrix without Bond.

In testimony hereunto I set my hand and seal of this my last

Will and testament. Done this 8th day of February. 1892.

Seal

Benjamin Siegfried

Witnesses

Joseph A. Weiser

Daniel L. Kline


Testimony

The subscribing witnesses to said Will, after being duly sworn to

speak the truth, the whole truth, and nothing but the truth, in rela:

tion to the execution of said Will. testified thereto in open Court,

which testimony was reduced to writing, and by them respectively sub:

scribed, and is in words and figures following, to-wit:
Delaware County Ohio Will Records Vol. 9 1890-1893 (487)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (487)

Description

[page 487]

[corresponds to page 458 of Delaware County Ohio Will Records Vol. 9 1890-93]

458
Benjamin Seigfried's Will

The State of Ohio } Probate Court

Franklin County.ss}

We, Joseph A. Weiser and Daniel L. Kline

being duly sworn in open Court, this 25 day of February. A.D. 1982.

depose and say that we were present at the execution of The Last Will

and Testament of Benjamin Seigfried, deceased, hereunto annexed: That

we saw Benjamin Seigfried said Testator Benjamin Seigfried sub:

scribe said Will, and heard him publish and declare the same to be his

Last Will and Testament; and that the said Benjamin Seigfried at

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

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

his witnesses at his request, and in his presence.

Joseph A. Weiser

Daniel L. Kline

Sworn to and subscribed in open Court, on the day and year first above

written

Lorenzo D. Hagerty

Probate Judge.


The State of Ohio }

Franklin County,ss.} I, Lorenzo D. Hagety, Judge of the Probate

Court, within and for said County, hereby certify

the foregooing to be a true copy of the last Will and Testament of

Bebnjamin Seigfried, 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

reduced to writing and filed, and as recorded in Record in Wills,

Vol. N Page~

Witness my official signature, and the seal of

said Court, at Columbus, this 9" day of March. A.D. 1892-

Lorenzo D. Hagerty

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (488)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (488)

Description

[page 488]

[corresponds to page 459 of Delaware County Ohio Will Records Vol. 9 1890-93]

459
Alfred McLeod's Estate

Journal Entry

May 28" 1892.

In the Matter of the Will }

of alfred McLeod- deceased-} This day an instrument of writing, pur:

porting to be the last Will and Tes:

tament of Alfred McLeod, 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 pro:

bate and record, be given to Rebecca McLeod, widow, and Clara E. Mc

Leod (Amos McLeod and William E. McLeod having waived notice) next

of kin of the Testator resident of the State of Ohio. Said application

will be for hearing before this Court on the 2d day of June 1892 at 10 o'clock A.M.

Andit appearing to the Court that Charles McLeod and Annie H.

McLeod the subscribing witnesses to said Will are residents of Franklin

County, Ohio- are without the jurisdiction of this Court, It is

therefore ordered that a Commission with the Will annexed issue here:

in to C.L. Dickey of Franklin County. Ohio-- directing him to take

the depositions of said subscribing witnesses, touching said Will, and

return the same, duly executed, with all convenient speed to this Court

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed May 28/92


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

alfred mcLeod- deceased. }

To the Hon. N.F. Overturf- Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Alfred McLeod late a resident of the Township of Genoa in said

County, died on or about the 6" day of May. A.D. 1892- leaving an

instument in writing, hereto attached, purporting to be his last Will and

Testament; That the said Alfred McLeod died leaving rebecca Mc

Leod widow- and the following named persons his only next of kin resi:

dent of the State of Ohio:


Name Degree of Kinship P.O. address.

William E. McLeod Son Westerville O.

Amos McLeod " " "

Clara E. McLeod Daughter Maxtown 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.

Amos McLeod
Delaware County Ohio Will Records Vol. 9 1890-1893 (489)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (489)

Description

[page 489]

[corresponds to page 460 of Delaware County Ohio Will Records Vol. 9 1890-93]

460
Alfred McLeod's Will

The foregoing application was signed in my presence and sworn to before

me, this 28 day of May. A.D. 1892.

N.F. Overturf

Probate Judge


Waiver of Notice

We, the undersigned Next of Kin of the within named decedent, hereby

waive further notice to the probate of said Will.

Dated this 28 day of May. A.D. 1892.

Amos McLeod

Wm E. McLeod.


Notice

The State of Ohio } In Probate Court

Delaware County.ss}

In the matter of the last Will and Testament

of Alfred McLeod deceased-

To Amos McLeod:

You are commanded to notify Rebec:

ca McLeod and Clara E. McLeod that on the 28" day of May-

A.D. 1892. an instrument of writing, purporting to be the last Will and

Testament of Alfred McLeod late of Genoa Township, in said Coun:

ty- 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 2d day of June-

A.D. 1892 at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court,

at Delaware, Ohio, this 28" day of May. A.D. 1892-

N.F. Overturf

{Seal} Probate Judge


We, the undersigned persons within named, hereby acknowledge ser:

vice of the within notice this 28 day of May. A.D. 1892.

Rebecca mcLeod

Clara E. McLeod.


Commission

To Take Testimony of Witnesses to Will

The State of Ohio } To C.L. Dickey- 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

Charles McLeod and Annie H. McLeod subscrbing witnesses

to the last Will and Testament of Alfred McLeod 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 ap:
Delaware County Ohio Will Records Vol. 9 1890-1893 (490)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (490)

Description

[page 490]

[corresponds to page 461 of Delaware County Ohio Will Records Vol. 9 1890-93]

461
Alfred McLeod's Will

pointed by you, you cause the said Charles McLeod and Annie

H. McLeod to be brought before you, and then and there to examine on

oath or affirmation first taken before you, touching the due executiion

of said Will of the said Alfred McLeod and that you reduce such ex:

amination to writing, and return the same, together with this Commis:

sion and the Will of the said Alfred McLeod 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,

at Delaware O. this 28" day of May. A.D. 1892.

N.F. Overturf

{Seal} Probate Judge


Will

Delaware County - Genoa Township Ohio Nov. 4 1891

Item 1st

In the name of the Benevolent Father of all, I Alfred McLeod of

Genoa Township do make and publish this my last will and testa:

ment.

Item first. I give and devise to my beloved wife in Lieu of her dower

the control of all my real estate and personal proper:

ty, during her natural life. 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 sons Amos

McLeod and William E. McLeod giveing to Amos during his nat:

ural life the north half of the farm in which Wm E. McLeod now

lives. The said Amos to have and hold the north half of said

farm during his natural life and after his death to be divided equal:

ly amongst his heirs. And I give and devise to my son William

E. McLeod and his heirs that half on which he resides

Item 2. I devise and bequeath to my daughter Clara E. Maharry and

her heirs the farm on which we now reside Situate on big

Walnut Creek in said Township containing Sixteen and a half

acres, and also three acres and a half Situate at the South East corner

of Burr Mahany's farm- To her and her heirs for ever.

Item 3. I do hereby nominate and appoint Amos McLeod and Wil:

liam E. McLeod Executors of this my last will and testament

hereby authorizing and empowering them to compromise adjust release and

discharge in such manner as they may deem proper the debts and

claims due me. I do also authorize and empower them if it

shall become necessary in order to pay my debts to sell by private

sale or in such manner upon such terms as they may think

proper all or part of my real estate and deeds to purchasers to exe:

cute acknowledge and deliver in fee simple.

I desire that appraisement and no sale of my personal property

be made and that the court of probate direct the omission the

same in pursuance of the Statue.

In testimony hereof I have hereunto set my hand and seal

this fourth day of November in the year 1891.

Alfred McLeod (Seal)
Delaware County Ohio Will Records Vol. 9 1890-1893 (491)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (491)

Description

[page 491]

[corresponds to page 462 of Delaware County Ohio Will Records Vol. 9 1890-93]

462
Alfred McLeod's Will

signed and acknowledged said Alfred McLeod as his last will and

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

Charles McLeod

Annie H. McLeod


Deposition of Witnesses to Will Filed June 2/92

The State of Ohio }

Franklin County.ss.} Deposition of Charles McLeod and Annie H. McLeod

subscribing witnesses to the last Will and Testament

of Alfred McLeod deceased, late of the County of Delaware. State of Ohio

in the matter of said Will pending in the Probate Court of said County

taken before me, a Commissioner appoined by said Court, pursuant to the

annexed Commission, on the 2 day of June- 1892- at Central College-

Ohio, Charles McLeod and Annie H. McLeod of lawful age, being by me first

duly sworn as hereinafter certified, depose and say that they were present at

the execution of the paper before them bearing date the 4th day of November. A.

D. 1891. purporting to be the last Will and Testament of Alfred McLeod 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 Alfred McLeod sign and seal said Will, and heard

him acknowledge the same to be his last Will and Testament, and that the

said Alfred Mcleod at the time of making, signing and sealing said Will,

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

Charles McLeod

Annie H. McLeod


The State of Ohio }

Franklin County.ss} I, C.L. Dickey duly appointed and commissioned by the

Probate Court of the County of Delaware and the State

of Ohio, to take the deposition of Charles McLeod and Annie H. McLeod sub:

scribing witnesses to the last Will and Testament of Alfred McLeod, deceased,

late of Delaware County, State of Ohio, which Commission and the said Will

are hereto annexed, do hereby certify, that in pursuance of said Commission

I caused the above named Charles McLeod and Annie H. McLeod subscrib:

ing witnesses as aforesaid to appear before me. at the time and place above

mentioned; that they ware by me first duly sworn to testify the truth,

the whole truth, and nothing but the truth, in relation to the execution of

said Will, and that the deposition by them respectively subscribed as above

set forth, was reduced to writing by C.L. Dickey and, also, so written in

the presence of the witnesses aforementioned respectively, and was sub:

scribed by the said witnesses 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

2" day of June. A.D. 1892.

C.L. Dickey

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (492)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (492)

Description

[page 492]

[corresponds to page 463 of Delaware County Ohio Will Records Vol. 9 1890-93]

463
Alfred McLeod's Will

Journal Entry

June 2nd 1892.

In the Matter of the Will }

of Alfred McLeod- deceased- } Be it remembered, that heretofore, to-

wit, on the 28th day of May. A.D. 1892.

an instrument of writing, purporting to be the last Will and Testa:

ment of Alfred McLeod, 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 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 Re:

becca McLeod, widow- and William E. McLeod- Amos McLeod and

Clara E. McLeod next of kin of the Testator, resident of the State

of Ohio, pursuant to a former order of this Court. And the Com:

mission heretofore issued herein to take the testimony of Charles

McLeod and Annie H. McLeod, the subscribing witnesses to the Will

of said Alfred McLeod deceased, was this day returned, duly execut:

ed- and the same was filed herein. Whereupon the Court finds that

the aforesaid instrument of writing is the last Will and Testament

of said Alfred McLeod, 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

to said Will, as well as the proceedings had thereon, be entered

of record in this Court.

Citation ordered and issued to Rebecca McLeod, widow of said

Alfred McLeod to make her election as to said Will, as is required

by Law.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (493)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (493)

Description

[page 493]

[corresponds to page 464 of Delaware County Ohio Will Records Vol. 9 1890-93]

464


Martin Boehm's Will

5089

June 14 - 1892

This day and instrument in writing duly certified from

the Probate Court of Franklin County, Ohio as the last Will and

Testament of Martin Boehm, deceased in record in said Coun-

ty, was produced for record in this County. Whereupon the

Court orders said instrument entered of record in rocords

of Wills in this Court which is accordingly done.

N. F. Overturf

Journal No. 14 page 93. Probate Judge

Martin Boehm's Will
~~~~~~~~~~~~~~~~

In the Matter of the Will of } Probate Court, Franklin County, Ohio

Martin Boehm, deceased }

Tuesday, July 28" A. D. 1891

This day an instrument of writing, purporting to the Last

will and Testament of Martin Boehm, late of Blendon 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,

5 days prior thereto, that said application will be for hear-

ing before this Court on the 3d day of August A. D. 1891,

at 10 o'clock A. 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. Journal No.36, page 162.

Lorenzo D. Hagerty, Probate Judge

And afterwards, to-wit: on 3d day of August, A. D. 1891,

the findings and orders of this Court relative to the Last Will

and Testament of Martin Boehm, deceased, were entered

on the Journal in words and figures following, to-wit:

In the Matter of the Will }

Martin Boehm, deceased } Monday, Aug. 3d A. D. 1891.

Be it remembered, That, heretofore to-wit: on

the 28" day of August A. D. 1891 an instrument of writing

purporting to be the Last Will and Testament of Martin

Borhm late of Blendon 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 the widow and next of kin of the testator,

pursuant to a former order of this Court; thereupon on

this day came William Beal and Lovett T. Scofield,

the subscribing witnesses to said Will, who, being duly

qualified, testified to the due execution and attestation of

said Will; which testimony was reduced to writing.
Delaware County Ohio Will Records Vol. 9 1890-1893 (494)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (494)

Description

[page 494]

[corresponds to page 465 of Delaware County Ohio Will Records Vol. 9 1890-93]

465


Martin Boehm's Will

by them repectively subscribed, and filed with said Will

Whereupon the Court finds the aforesaid instrument of writ-

ing is the Last Will and Testament of said Martin Boehm,

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 what-

soever. 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 en-

tered of record in this Court.

Lorenzo D. Hagerty, Probate Judge.

Journal No. 36, page 181.

I, Martin Boehm, of Blendon Township, Franklin Coun-

ty, State of Ohio, being aware of the uncertainty of life

having passed seventy (70) years of age 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 unto my beloved wife

Agatha Boehm, in lieu of her dower, if she should sur-

vive me, and during her life time, my home place, on

which we now reside in said Blendon Township, sur-

vive me, and during her life time, my home place, on

which we now reside in said Blendon Township, con-

taining about seventy (70) acres.

Together with the house hold goods and furniture or

so much thereof as she may wish to use for her conven-

ience during her life time. Also the sum of One Hun-

dred ($100) Dollars to be paid to her if she should require

it, as here after stated, in annual payments.

This bequest to my said wife so made, of our said

home stead and the house hold goods, I direct, and

request, the same to be cared for by my son George

Boehm, who is to pay the taxes and keep the im-

provements in good repairs, and to that end to provide

for my said wife a comfortable support, at the home-

sead, in sickness and in health, with suitable good

nourishment and for her age and condition in life,

with suitable clothing, bed and bedding, to be kept

in a clean and comforable condition for her use, with

a comfortable room, suitably warmed, and if neces-

sary, with medicine and attention during her said

life time. If she should survive me, otherwise for my-

self in like manner, if I should outlive my said

wife. As long as I live.

Item 2d I, give, devise, and bequeath unto my son George

Boehm, my said Home place in Blendon Township

of about seventy (70) acres; the title to which is to be

confirmed by this Will after the death of my said
Delaware County Ohio Will Records Vol. 9 1890-1893 (495)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (495)

Description

[page 495]

[corresponds to page 466 of Delaware County Ohio Will Records Vol. 9 1890-93]

466

Martin Boehm's Will

wife and that of myself

Providing he shall do and perform all and everything as

stated, either for my said wife, or that of myself, as men-

tioned in Item one of this Will.

And to effectuate and provide means for my said son

George in carrying out the provisions of this Will, I provide

and my Will is, that after the death of myself, that then,

my said son George Boehm have and possess perfect own-

ership and control of everything of personal property, and

no goods mentioned in said item one of this Will, and

also to have and control all other personal property which

I may own at the time of my death, including stock, farm

implements, money, bonds, and other securities so as to

provide for the payment of certain other bequests to my

heirs hereafter mentioned.

Item 3d I give and bequeath, unto my son Nicolas Boehm, to be paid

by my son George Boehm, after my death, of the proceeds of my

peronsal property as mentioned in item second of this Will

also the satisfaction and discharge in full of a certain

mortgage I now hold against my said son Nicholas Boehm

for the sum of fourteen hundred dollars ($1400.00) as his

share of legacy in my estate.

Item 4th I give, devise and bequeath unto my daughter Lena

Warm, the sum of three hundred dollars ($300.00) to be paid

by my son George Boehm, after my death in manner pro-

vided for in item two of this Will, also I give, devise and

bequeath unto my said daughter Lena Hurm her heirs and

assigns forever, in fee-simple after my death, the tract of

land in my name in Delaware County, Ohio, containing

about 3.3 acres more or less, conveyed to me by Christian

Hulthouse as her part of legacy in my estate.

Item 5th I give, devise and bequeath unto my son John Boehm

the sum of two hundred dollars ($200.00) to be paid to him

by my son George Boehm after my death, according to

the provisions stated in Item two of this Will.

Also I give, devise and bequeath unto my son John Boehm

certain lands, to-wit: The title to which to be in fee simple

to him his heirs and assigns forever after my death. The

two certain parcels of land in my name in Franklin

County, Ohio, one of which is now occupied by him and

known as the Volk farm of about sixty (60) acres; the

other parcel known as the Fred Acber Lot in Blendon

Township of about twenty-five (25) acres.

the bequest in this item to my son John Boehm I

Will as his part of Legacy of my Estate.

Item 6th I devise, give, and bequeath unto my unmarried daughter

Agatha Boehm the sum of Twenty Eight Hundred

Dollars. ($2800.00)
Delaware County Ohio Will Records Vol. 9 1890-1893 (496)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (496)

Description

[page 496]

[corresponds to page 467 of Delaware County Ohio Will Records Vol. 9 1890-93]

467


Martin Boehm's Will


To be paid to her by my son George Boehm after my death ac-

cording to the provisions stated and provided for in Item

two of this Will.

And also that she be allowed to occupy and enjoy a home

in the family mansion while she remains an unmarried

woman without incurring any repense therefor only the

performance of her manual labor of a reasonable charac-

ter of employment with the family.

Item 7th

In addition to the devise and bequest mentioned in

Item two of this Will to my son George Boehm, of the home-

stead farm of seventy (70) acres, I also devise and bequeath

unto him my said son George Boehm the parcel of land

in my name, situated in Blendon Township of said

Franklin County, and known as the Jenny Goldsmith

Farm of one hundred and seven and one half (107 1/2)

acres.

Also the parcel of land in said county I bought of E.

D. Howard, administrator of Dean's estate, contain-

ing about thirty three and three fourths (33 3/4) acres more

or less.

Also any and all other real estate not otherwise dis-

posed of by any items of this Will, and of which I

give, devise, and bequeath after my death, unto

my said son George Boehm, his heirs and assigns

forever, in fee simple.

And further more with all my personal property,

money, notes and other securities belonging to me

at my decease I give unto my son George Boehm

in trust and subject for the purposes and in con-

formity with the provisions mentioned in the several

Items of this Will; as towards his mother, Agatha

Boehm, and his brothers Nicholas Boehm, John

Boehm, and sisters Lena Wurm and Agatha Boehm,

which I hereby confirm to take effect after my death.

Item 8th

And I nominate and appoint my said son George

Boehm to be the Executor of this my last Will and

Testament, and hereby revoke all former or other Wills

by me, and any time made, and authorize my said

Executor to do and perform all matters according

to law and the orders of the Probate Court in that be-

half necessary to effectuate the provisions of this Will.

And I would not require any bond of my said Execu-

tor, and I request the Probate Court, to remit, the same

to be done by my said Executor.

And finally I the said Martin Boehm to this, which

I declare to be my Last Will and Testament, set my

hand and seal this eighteenth day of February A.D.

1887.
Delaware County Ohio Will Records Vol. 9 1890-1893 (497)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (497)

Description

[page 497]

[corresponds to page 468 of Delaware County Ohio Will Records Vol. 9 1890-93]

468
Martin Boehm's Will

Martin boehm {Seal}

Signed, sealed, published, and declared to us by the

testator Martin Boehm as, and for his last Will and

Testament, in our presence, who at his request, and in

his presence, and in the presence of each other have sub-

scribed our name here unto as witnesses thereof.

Lovett T. Scofield Witnesses reside at Westerville

William Beal in said County of Franklin, Ohio


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 testi-

mony was reduced to writing, and by them respective-

ly subscribed, and is in words and figures follow-

ing, to-wit:

The State of Ohio } Probate Court.

Franklin County, ss}

We, William Beal and Lovett

T. Scofield, being duly sworn in open Court, this

3rd day August A.D. 1891 depose and say that we

were present at the execution of the Last Will and

Testament of Martin Boehm, deceased, hereunto

annexed. That we saw Martin Boehm said Testator

and that the said Martin Boehm at the time of ex-

ecuting the same was of full age, and of sound

mind and memory and not under any restraint;

and that we signed the same as his witnesses at his

request, and in his presence.

Lovett T. Scofield

William Beal.

Sworn to and subscribed in open Court, on the day

and year first above written.

Lorenza D. Hagerty, Probate Judge.

By O.E. Bumphrey, D'p'y Clk.


The State of Ohio, Franklin County, s.s.

I Lorenza D. Hagerty; 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 Martin Boehm,

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 reduced to writing and filed, and as recorded in Record of

Wills. Vole 1. Page 87.

Witness my official signature, and the seal of said Court,

{Seal} at Columbus, this 5" day of February, A.D. 1892.

Lorenza D. Hagerty--Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (498)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (498)

Description

[page 498]

[corresponds to page 469 of Delaware County Ohio Will Records Vol. 9 1890-93]

469

August Riebel's Will_

In the Matter of the Will of }

August Riebel, Deceased. } June 18" 1892.

This day an instrument of writing

purporting to be the last will and testament of August Riebel

late of Concord Township in this County, deceased, was pro-

duced 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 John Riebel Henry Rieble,

Jacob Rieble, Andrew Rieble, George Riebel and Lena Rieble

next of kin of the testator, resident of the State of Ohio, three

days prior thereto, Margaret Riebel, widow of said Aug-

ust Riebel having waived further notice to the probate of

said will that said application will be for hearing

before this court on the 24" day of June A.D. 1892, at 9 o'clock

A.M. to which time this matter is continued.

N.F. Overturf.

Probate Judge.


Application for Probate of Will

The State of Ohio, }

Delaware County, s.s. } In Probate Court.


In the Matter of the }

Last Will & Testament of} Application to Admit to Probate.

August Rieble, decd }

To the Hon. N.F. Overturf, Judge of the Probate

Court in and for said County:

Your petitioner respectfully represents that August

Riebel late a resident of the Township of Concord in

said County, died on or about the 6" day of June

A.D. 1892, leaving an instrument in writing, hereto

attached, purporting to be his last Will and Tes-

tament; That the said August Riebel died leaving

Margaret Riebel his Widow and the following named

persons his only next of kin resident of the State of

Ohio:

Name Aged Degree of Kinship P.O. Address.

John Riebel 23 Son Columbus Ohio

Henry Riebel 21 " Jerome "

Jacob Riebel 19 " " "

Andrew Riebel 13 " " "

George Riebel 11 " " "

Lena Riebel 9 Daughter " "


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.

Margaret Reibel
Delaware County Ohio Will Records Vol. 9 1890-1893 (499)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (499)

Description

[page 499]

[corresponds to page 470 of Delaware County Ohio Will Records Vol. 9 1890-93]

470
August Riebel's Will

The foregoing application was signed in my presence

and sworn to before me this day of A.D. 1892


Waiver of Notice

We, the undersigned Widow and Next of Kin of the with-

in named decedent, hereby waive further notice to the pro-

bate of said Will.

Dated this 18" day of June A.D. 1892.

Margareta Riebel.


Notice

The State of Ohio }

Delaware County, s.s.} In Probate Court.

In the matter of the last Will and Testa-

ment of August Riebel, Deceased.

To Margareta Riebel.

You are commanded to notify John Riebel,

Henry Riebel, Jacob Riebel, Andrew Riebel, George Rieble and

Lena Rieble that on the 18" day of June A.D. 1892 an instru-

ment of writing, purporting to be the last Will Testament

of August Riebel late of Concord Township, in said 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 24" day of June A.D. 1892, at 1

o'clock A.M.

Witness, my hand and the seal of said Probate

{seal} Court, at Delaware, Ohio, this 18" day of June A.D. '92

N.F. Overturf

Probate Judge.


Return

The State of Ohio, }

Delaware County,s.s.}

Margareta Riebel being duly sworn, says

that on the 18" & 20" days of June A.D. 1892, she served the

within notice by delivering a true copy thereof to the within

named John Riebel, Henry Riebel, Jacob Riebel, Andrew

Rieble, George Rieble and Lena Rieble.

Margareta Riebel.

Subscribed in my presence and sworn to before me this

24" day of June, A.D. 1892.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (500)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (500)

Description

[page 500]

[corresponds to page 471 of Delaware County Ohio Will Records Vol. 9 1890-93]

471

August Riebel's Will.

Probate of Will


The State of Ohio, }

Delaware County,s.s.} In Probate Court.

Personally appeared in open Court David Fresh-

water and W.E. Wollam the subscribing witnesses to

the last Will and Testament of August Riebel 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 17"

day of May A.D. 1892, purporting to be the last Will

and Testament of August Riebel now deceased, is the

Will of said deceased August Riebel, 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 August Riebel deceased, sign and seal

said Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said

August Riebel at the time of making, signing, and

sealing said Will, was of full age, of sound mind

and memory, and not under any restraint.

Dora Freshwater

M.E. Wollam.

Sworn to and subscribed by said witness-

es, in open Court, this 24" day of June A.D. 1892.

N.F. Overturf

Probate Judge.

Journal Entry

June 24" 1892

Be it remembered, that heretofore, to-wit: on the 18"

day of June A.D. 1892, an instrument of writing, pur-

porting to be the last Will and Testament of August

Rieble, late of Concord Township in this County, deceased,

was produced in open court and offered 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 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

David Freshwater, M.E. Wollam, 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 respective-

ly subscribed and filed with said Will, Whereupon

the Court finds that the aforesaid instrument of
Delaware County Ohio Will Records Vol. 9 1890-1893 (501)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (501)
Delaware County Ohio Will Records Vol. 9 1890-1893 (502)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (502)

Description

[page 502]

[corresponds to page 473 of Delaware County Ohio Will Records Vol. 9 1890-93]

473
Benjamin S. DeGood's Estate.


June 20" 1892

In the Matter of the last Will of }

Benjamin De Good, deceased. }

This day an instrument

of writing purporting to be the Last Will and Testa-

ment of Benjamin De Good, late of Scioto Township, in

this County, 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 Almon C. DeGood, Permetia Hill,

Flora A. Bell, and Alice B. Morey, Wilber DeGood son and

Mariah DeGood widow having waived further notice to

the Probate of said will, this being the widow and all

the next of kin of the Testator, that said application will

be for hearing before this Court on the 25"day of June

A.D. 1892, at 2 o'clock P.M. To which time this matter

is continuded.

N.F. Overturf

Probate Judge.


Application for Probate of Will.

Filed June 20" '92

The State of Ohio }

Delaware County,s.s.} In Probate Court.


In the Matter of the }

Last Will and Testament} Application to Admit to Probate.

of Benjamin DeGood decd}

To the Hon. N.F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that Benjamin

DeGood, late a resident of the Township of Scioto in said

County, died on or about the 9" day of June 1892, leaving

an instrument in writing, hereto attached, purporting

to be his last Will and Testament; That the said Ben-

jamin DeGood died leaving Mariah S. DeGood Widow

and the following named persons his only next of

kin resident of the State of Ohio:

Name Degree of Kinship P.O. Address-

Wilber DeGood Son Magnetic Springs O.

Almon C. DeGood " Pharisburg "

Permetia Hill Daughter Magnetic Springs "

Flora A. Bell " Ostrander "

Alice B. Morey " Magnetic Springs "


Your petitioner prays that a time may be fixed

for the proving of said Will, and that said above
Delaware County Ohio Will Records Vol. 9 1890-1893 (503)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (503)

Description

[page 503]

[corresponds to page 474 of Delaware County Ohio Will Records Vol. 9 1890-93]

474
Benjamin DeGood's Will

named persons may be notified according to law of

the pending of said proceedings.

Wilber DeGood _

The foregoing application was signed in my presence

and sworn to before me this 20" day of June A.D. 1892.

N.F. Overturf

Probate Judge.


Waiver of Notice

We, the undersigned Widow and Next of Kin of the

within named decedent, hereby waive further notice to

the Probate of said Will.

Dated this 20" day of June A.D. 1892.

Maria S. DeGood

Wilber DeGood_


Notice Filed June 20 '92

The State of Ohio, } In Probate Court.

Delaware County,s.s.}

In the matter of the last Will and

Testament of Benjamin DeGood, deceased,

To Wilber DeGood.

You are commanded to notify Almon

C. DeGood, Permetia Hill, Flora A. Bell, and Alice B.

Morey that on the 20" day of June, A.D. 1892, an instru-

ment of writing purporting to be the last Will and

Testament of Benjamin DeGood late of Scioto Town-

ship, in said County, deceased, was produced in said

Court, and on application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before ths Court

on the 25" day of June A.D. 1892, at 2 o'clock P.M.

Witness, my hand and the seal of said

Probate Court, at Delaware Ohio, this 20"

day of June. A.D. 1892 -

N.F. Overturf

Probate Judge.


Return

The State of Ohio, }

Delaware County,ss.} Wilber DeGood being duly sworn,

says that on the 20" day of June, A.D. 1892, he served

the within notice by delivering a true copy thereof to the

within named Almon C. DeGood, Permetia Hill, Flora

A. Bell and Alice B. Money.

Wilber DeGood.

Subscribed in my presence and sworn to before me this

25" day of June A.D. 1892-

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (504)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (504)

Description

[page 504]

[corresponds to page 475 of Delaware County Ohio Will Records Vol. 9 1890-93]

475

Benjamin DeGood's Will.

Probate of Will

The State of Ohio, }

Delaware County,s.s.} In Probate Court


Personally appeared in open Court W.H.

Loveless, and R.A. Dodds, the subscribing witnesses

to the last Will and Testament of Benjamin DeGood, 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 execution of said Will, depose and say:

That the paper before them bearing date the 5" day of

December A.D. 1891, purporting to be the last Will

and Testament of Benjamin DeGood now deceased,

is the last Will of said deceased Benjamin DeGood

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; and that they saw the said Benjamin

DeGood, deceased, sign and seal said Will,

and heard him acknowledge the same to be his

last Will and Testament and that the said

Benjamin DeGood 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. Loveless _

R.A. Dodds.

Sworn to and subscribed by said witnesses,

in open Court, this 25" day of june A.D. 1892.

N.F. Overturf

Probate Judge.


Journal Entry

In the Matter of the last Will }

of Benjamin deGood, decd }

Be it remembered that here-

tofore, to-wit: on the 20" day of June A.D. 1892 an in-

strument of writing purporting to be the last Will and

Testament of Benjamin DeGood late of Scioto Township

in this County, 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 W.H. Lovelessa and R.A.

Dodds the subscribing witnesses to said Will who

being duly sworn testified to the due execution and
Delaware County Ohio Will Records Vol. 9 1890-1893 (505)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (505)

Description

[page 505]

[corresponds to page 476 of Delaware County Ohio Will Records Vol. 9 1890-93]

476
Benjamin De Good's Will

attestation of said Will; which testimony was reduced

to writing, by them respectively subscribed and filed with

the said Will; Whereupon the Court finds the aforesaid

writing is the last Will and Testament of said Ben-

jamin DeGood, deceased, that the same was duly

executed and attested; and that the said testator

at the time of making, signing and sealing the same

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 above

named witnesses be entered of record in this Court.

Citation issued to Mariah S. DeGood, widow, to

make her election as to said Will.

N.F. Overturf

Probate Judge.

Election of Widow ~
~~~~~~~~~~~~~~~~

And now comes Tearia S. DeGood, widow of Benja-

min DeGood, deceased, and in open Court made

her election as to the last Will and Testament of

said decedent.

The State of Ohio, }

Delaware County, ss } Probate Court June 25, 1892

I, Mearia S. DeGood, late of Delaware County, deceased

fully understanding the provisions of the last Will

and Testament of said decedent, and of my rights

under the Law in the event of my refusal to elect

to take under said Will, do hereby elect to take and

do accept of the provisions made for me in said

last Will and Testament in lieu of my dower interest

and distributive share of said estate.

Mearia S. DeGood

Subsccribed in open court before me this 25 day of

June A. D. 1892

N. F. Overturf

Probate Judge

In the Matter of the Will of }

Benjamin DeGood, dec'd } June 25, 1892

this day came Mariah S.

DeGood widow of said Benjamin DeGood, deceased,

of the last Will and Testament of said deceased and

her rights under it fully explained and made

known to her, and also of her rights by law in the

event she refused to take under said will, she did

elect to take and did accept of the provisions made for

her in said last Will and Testament in lieu of her dower

interest and distributive share of said estate of
Delaware County Ohio Will Records Vol. 9 1890-1893 (506)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (506)

Description

[page 506]

[corresponds to page 477 of Delaware County Ohio Will Records Vol. 9 1890-93]

477
Benjamin De Good's Will

decedent.

N. F. Overturf

Probate Judge.

Will -
~~~~~

In the name of the Benevolent Father of all, I Benjamin

DeGood 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 Maria S. in lieu

of her dower Twenty three acres of land off the west side

of the farm on which I now reside being the homested

bounded in the North-west and South by lines of my

said farm extending East far enough to make the said

28 acres of land during her natural life and all the

stock, house-hold goods, furniture, provisions and other

goods and chattels - moneys, notes and crediets of

which I may be possessed at the time of my decease

during her natural life as aforesaid. She my said

wife paying all my just debts and all other expenses

that may be incurred or necessary.

At the death of my said wife the real estate aforesaid

I give and devise to my daughter Alice Movey. I give

and devise to my three daughters Alice, Flora and

Permelia and my live sons Almond and Wilber

all the personal property, chattels, moneys, notes and

credits of every kind that may be left at the decease

of my said wife after all of her just debts and ex-

penses have been paid, the remainder to be divided

equally among my said five children.

Item 2" I devise and bequeath to my daughter Alice

Movey, twenty-three acres of land of my said

farm adjoining on the East and lying parallel with

said 23 acres set off and devised to my said wife.

Item 3" I devise and bequeath to my daughter Flora A. Bell

Forty acres of land of my said farm adjoining on the

East and lying parallel with said 23 acres set off

and devised to my daughter Alice Movey.

Item 4" I devise and bequeath to my daughter Permelia Nill

forty-four acres of land of my said farm adjoining

on the East and lying parallel with said 40 acres

set off and devised to my daughter Flora A. Bell.

the piece described being the remainder of my said

farm and extends to my east line.

Item 5" I devise and bequeath to my son Almon C. Degood

the house and lot known as the Mill or Harrison

property containing about five acres of land,

having previously given him money the amount

of which is hereby canceled as per receipt herewith
Delaware County Ohio Will Records Vol. 9 1890-1893 (507)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (507)

Description

[page 507]

[corresponds to page 478 of Delaware County Ohio Will Records Vol. 9 1890-93]

478
Benjamin De Good's Will

attached.

Item 6" I devise and bequeath to my son Wilber DeGood my gold

watch and chain. Having previously given him money

the amount of which is hereby cancelled as per receipt

herewith attached.

Item 7" I do hereby nominate and appoint my son Wilber DeGood

executor of this my last Will and Testament. I desire

that no appraisement and no sale of my personal or real

property be made and that the Court of Probate direct the

mission of the same in pursurance of the Statutes.

In testimony hereof I have hereunto set my hand and

seal this fifth day of December A. D. 1891

Benjamin DeGood.

Signed and acknowledged by said Benjamin DeGood

as his last Will and Testament in our presence and

signed by us in his presence.

W. N. Loveless -

R. A. Dodds.

Receipts
~~~~~~~

Received August 10" A. D. 1871 of Benjamin DeGood

Two Thousand Dollars to apply on my proportion of

said Benjamin DeGood's Estate as hire of said es-

tate it being money paid on real estate which is

deeded to me by said Benjamin DeGood. It is further

understood that this receipt is not bear any interest

from nor after date.

Signed, Almon C. DeGood

Received August 10" A. D. 1871 of Benjamin DeGood

Two Thousand Dollars to apply on my proposition

of said Benjamin DeGood's estate as here of said

estate it being money paid to me by said DeGood

to apply on land bought of Jasper Leeper.

It is further understood that this receipt is not

to bear any interest from nor after date.

Signed - Wilber DeGood
Delaware County Ohio Will Records Vol. 9 1890-1893 (508)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (508)

Description

[page 508]

[corresponds to page 479 of Delaware County Ohio Will Records Vol. 9 1890-93]

479

John Shanahan's Will

In the Matter of the Will of Application filed to Probate

John Shanahan, deceased Notice to heirs.

This day an instrument in

writing purportion to be the last Will and Testament of

John Shanahan, deceased, late of Brown Township in

this County, was produced in this Court for Probate, and

it is now ordered that the said Will be filed in this

court, and that due notice thereof and of application

to admit the same to probate and record be given to

Mary Shanahan, widow, Maggie Nealy, Ella Foster,

Mary Shanahan, Josie Shanahan, Rosy Shanahan,

and Frank Shanahan, John P. Shanahan, and

Katherine Shanahan having waived further notice

to the Probate of said Will, who are all of the next of kin

of said Testator and that said applicatoin will be

for hearing before this Court, on the 5" day of July A.

D. 1892 at 8 o'clock A.M. to which time this matter is

continued.

N. F. Overturf

Probate Judge.

Application for Probate of Will
~~~~~~~~~~~~~~~~~~~~~~~

The State of Ohio }

Delaware County, ss } In Probate Court

In the Matter of the }

Last Will and Testatment of } Application to admit to Probate
~~~~~~~~~~~~~~~~~~~~~~~~
John Shanahan decd }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County.

Your petitioner respectfully respresents that John

Shanahan late a resident of the Township of Brown in

said County, died on or about the 21" day of June, A.

D. 1892, leaving an instrument in writing, hereto attached

purporting to be his last Will and Testament; that the

said John Shanahan died leaving Mary Shanahan

Widow and the following named persons his only

next of kin resident of the State of Ohio:

Name Age of Degree of Kinship P.O. Address

Maggie Nealy Daughter Delaware O.

Katherine Shanahan " " "

John P. Shanahan Son " "

Ella Foster Daughter " "

Mary Shanahan " " "

Josie Shanahan " " "

Rosey Shanahan 16 " " "

Frank Shanahan 12 Son " "

Your petitioner prays that a time may be fixed for

the proving of said Will, and that said above named
Delaware County Ohio Will Records Vol. 9 1890-1893 (509)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (509)

Description

[page 509]

[corresponds to page 480 of Delaware County Ohio Will Records Vol. 9 1890-93]

480

John Shanahan's Will.

persons may be notified according to law of the pending

of said proceedings.

Katie Shanahan, John P. Shanahan.

The foregoing application was signed in my presence

and sworn to before me, this 30" day of June, A.D. 1892

N. F. Overturf

Probate Judge.

Waiver of Notice
~~~~~~~~~~~~~~

We, the undersigned Widow and Next of kin of the

within named decedent hereby waive further notice

to the Probate of said Will.

Dated this 30" day of June A. D. 1892

John P. Shanahan

Katie Shanahan

Notice
~~~~~~

The State of Ohio, }

Delaware County, ss } In Probate Court -

In the matter of the last Will and

Testament of John Shanahan, deceased.

To John P. Shanahan or Katie Shanahan:

You are commanded to notify mary Shana-

han, widow, Maggie Nealy, Ella Foster, Mary Shana-

han, Josie Shanahan, Rosy Shanahan, and Frank

Shanahan that on the 30" day of June A. D. 1892 an

instrument of writing purporting be the Last Will

and Testament of John Shanahan 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 5" day of July A. D. 1892 at 8 o'clock

A. M.

Witness, my hand and the seal of said Probate

Court, at Delaware, Ohio, this 30" day of June A. D.

1892

N. F. Overturf

Probate Judge.

Return
~~~~~~~

The State of Ohio }

Delaware County, ss }

John P. Shanahan being duly

sworn, says that on the 30" day of June A.D. 1892, he

served the within notice by delivering a true copy

thereof to the within named Rosy Shanahan and

Frank Shanahan.

John P. Shanahan.

Subscribed in my presence and sworn to before

me this 5" day of July, A.D. 1892

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (510)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (510)

Description

[page 510]

[corresponds to page 481 of Delaware County Ohio Will Records Vol. 9 1890-93]

481

John Shanahan's Will.

We, the undersigned persons within named, hereby

acknowledge service of the within notice this 1" day of

July, A.D. 1892

Mrs. Mary Shanahan

Maggie Healy

Nellie Foster

Josie Shanahan

May Shanahan.

Probate of Will

~~~~~~~~~~~~~~

The State of Ohio, }

Delaware County,ss. } In Probate Court.

Personally appeared in open Court Ph. Steyle and

Mrs. L.E. Sexten the subscribing witnesses to the last

Will and Testament of John Shanahan late of Brown

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 re-

lation to the execution of said Will, depose and say:

That the paper before them bearing date the 24" day of

March A.D. 1892 purporting to be the last Will and

Testament of John Shanahan now deceased, is

the Will of said deceased John Shanahan 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 Shanahan, deceased, sign

by mark and seal with said Will, and heard him

acknowledge the same to be his last Will and Tes-

tament, and that the said John Shanahan at the

time of making, signing and sealing said Will, was

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

under any restraint.

{seal} Ph. Steyle

Mrs. S. E. Sexten.

Subscribed and sworn to by said witnesses, in op-

en Court, this 5" day of July A.D. 1892.

N.F. Overturf

Probate Judge


Journal Entry

In the Matter of the last Will of}

John Shanahan, deceased } July 5" 1892

Be it remembered, that heretofore to-wit:

on the 30" day of June A.D. 1892 an instrument of

writing purporting to be the last Will and Testament

of John Shanahan late of Brown Township, deceased,

was produced in open Court and admitted 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 application to admit
Delaware County Ohio Will Records Vol. 9 1890-1893 (511)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (511)

Description

[page 511]

[corresponds to page 482 of Delaware County Ohio Will Records Vol. 9 1890-93]

482
John Shanahan's Will

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.

Thererupon on this day came Ph. Steyle and Mrs. L.

E. Sexten 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 John Shanahan, deceased,

that the same was duly executed and attested; &

that the said Testator at the time of making, sign-

ing and sealing the same 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,

be entered of record in this court.

Mary Shanahan, widow of said Testator acknowledge

service of citation to make her election as to said

Will as is provided by law.

N.F. Overturf

Probate Judge.


Will

In the name of the Almighty:

I, John Shanahan, do make and publish this my last

Will and Testament.

1st

I give and devise to my beloved wife, in lieu of

her dower, the farm on which we now live situated

in Brown Township, Delaware County, Ohio contain-

ing One Hundred and Twenty-four acres of land,

to have and to hold the same together with all the

rents and profits, until my youngest child be-

comes of lawful age, and also the household goods,

furniture, provisions and other goods and chattels,

which may be upon said farm at the time of my

death, including the stock on said farm, she, how-

ever selling so much as may be necessary to pay

my just debts.

When my youngest child shall have reached the age

of twenty-one, if my wife is still living, then I give

and devise to my wife one third of said farm dur-

ing her natural life, she still retaining the right to

sell her one third interest at the time if she chooses

to do so.

At the death of my wife I give and devise the real

Estate above mentioned to those of my eight child-

ren then living to be distributed among them.
Delaware County Ohio Will Records Vol. 9 1890-1893 (512)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (512)

Description

[page 512]

[corresponds to page 483 of Delaware County Ohio Will Records Vol. 9 1890-93]

483
John Shanahan's Will.

2nd
I do hereby appoint my son, John Patrick Shanahan

and my daughter Katie Shanahan executors and

administrators of this my last Will, hereby authoriz-

ing them to adjust and release the claims due me,

and if necessary to pay my debts, to sell by private or

public sale such part of said real estate as may be

necessary to pay said debts.
his
John X Shanahan {seal}
mark


Signed and acknowledgted by said John Shanahan

as his last Will and Testament in our presence

and signed by us in his presence, on the 24" of March

1892.

Ph. Steyle {seal}

Mrs. L.E. Sexten. {seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (513)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (513)

Description

[page 513]

[corresponds to page 484 of Delaware County Ohio Will Records Vol. 9 1890-93]

484
James W. Mandenhall's Will.

Application for Probate of Will.

The State of Ohio, }

Delaware County,s.s.:} In Probate Court.


In the matter of the }

Last Will and Testament of } Application to Admit to

James William Mendenhall, } Probate.
deceased.

To the Hon. N.F. Overturf Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents that James

William Mendenahall late a resident of the

Township of Delaware City in said County, died

on or about the 18 day of June, A.D. 1892, leaving

an instrument in writing, here to attached, pur-

porting to be his last Will and Testament; That

the said James William Mendenhall died leaving

Olive S. Mendenhall, Widow & the following named

persons his only next of kin resident of the State

of Ohio:

Name. Age of Degree of Kinship P.O. Address.
Minor

Frederick S. Mendenhall Son Delaware 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.

Olive S. Mendenhall.

The foregoing application was signed in my

presence and sworn to before me, this 28" day of

June, A.D. 1892.

N.F. Overturf.

Probate Judge.


Waiver of Notice.

We the undersigned Widow and Next of Kin of the

within named decedent, hereby waive further

notice to the Probate of said Will.

Dated this 28" day of June A.D. 1892.

Olive S. Mendenhall.

Frederick S. Mendenhall.


Will.

In the name of the Benevolent Father of all: -- I

James William Mendenhall, of the city of New York

of the State of New York, being of sound mind and

memory, but realizing the uncertainty of life, do de-

clair the following to be my last will and testament.

Item 1st

I give, devise and bequeath to my son Frederick

S. Mendenhall my library, embracing all my books,

except any stock on hand of or interest in "Plato and
Delaware County Ohio Will Records Vol. 9 1890-1893 (514)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (514)

Description

[page 514]

[corresponds to page 485 of Delaware County Ohio Will Records Vol. 9 1890-93]

485
James W. Mendenhall's Will.

Paul" and "Echoes from Palestine".

Item 2nd

I give, devise, and bequeath to my wife, Olive

Spear Mendenhall all moneys in cash, or desired

from insurance policies, or in the form of notes

or in any form whatsoever; also all my real

estate: also all my personal property, library

excepted: also my copyrights and interest in

"Plato and Paul" and " Echoes from Palestine":

also my interest, right and title to any and

all other things not mentioned in this item.

Item 3rd

I hereby nominate and request the appoint-

ment of my wife, Olive S. Mendenhall, as

executarx of my estate, with full power to

carry out the provisions of this will.

In testimony whereof I have hereunto set

my hand and seal this 17" day of June,

A D 1891.

James William Mendenhall {seal}

Signed, Sealed, & acknowledged by the

said James William Mendenhall as his

last will and testament in our presence

and signed by us in his presence and

at his request.

William G. Wiliams {Seal}

William F. Whitlock {Seal}


Probate of Will.

The State of Ohio, }

Delaware County,ss, } In Probate Court.

Personally appeared in open Court

William G. Williams and William F.

Whitlock the subscribing witness to the

last Will and Testament of James

William Mendenahall late of Delaware

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, de-

pose and say: That the paper before them

bearing date the 17" day of June A.D. 1891,

purporting to be the last and Testament

of James William Mendenhall now de-

ceased, is the Will of said deceased James

William Mendenhall, 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (515)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (515)

Description

[page 515]

[corresponds to page 486 of Delaware County Ohio Will Records Vol. 9 1890-93]

486
James William Mendenhall's Will

said James William Mendenhall, deceased,

sign and seal said Will and heard him ac-

knowledge the same to be his last Will and

Testament, and that the said James William

Mendenhall at the time of making, signing and

sealing said Will was of full age, of sound mind

and memory, and not under any restrtaint.

William G. Williams

William F. Whitlock

Sworn to & subscribed by said witnesses, in open

Court, this 2" day of July A.D. 1892.

N.F. Overturf.

Probate Judge.


Journal Entry

July 2. 1892.

In the matter of the will of}

James William Mendenhall. }

This day an instrument of

writing purporting to be the last will and Testament

of James William Mendenhall, late of Delaware

Township, and city, deceased, was produced in open

court for probate, and it appearing that Olive S.

Mendenhall of said decedent and Frederic

S. Mendenhall only next of kin of said decedent

having waived further notice to the probate of said

will, ordered that proof of the execution attestation

of said will be now offered.

Thereupon came William G. Williams and

William F. Whitlock, the subscribing witnesses to

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

James William Mendenhall, deceased, That

the same was duly executed (executed crossed out) and attest-

ed: and that the Said Testator, at the time of

making, signing and Sealing the same, 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 afore said, be entered of record in

the court.

Olive S. Mendenhall, widow of said testator per-

sonally appeared in Court and in writing ac-

knowledged notice of citation to make her election

as to said will

N.F. Overturf. Probate Judge,
Delaware County Ohio Will Records Vol. 9 1890-1893 (516)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (516)

Description

[page 516]

[corresponds to page 487 of Delaware County Ohio Will Records Vol. 9 1890-93]

487

Walter Potter's Will.


Application for Probate of Will.

The State of Ohio }

Delaware County, ss. } In Probate Court

In the matter of the }

Last Will and Testament } Application to Admit to

of Walter Potter, deceased } Probate.

To the Hon. N. F. Overturf,

Judge of the Probate Court in and for said

County.

Your petitioner respectfully represents that

Walter Potter late a resident of the Township

of Delaware in said County died on or a-

bout the 3 day of July, A.D. 1892, bearing an

instrument in writing, here to attached,

purporting to be his last Will and

Testament; That the said Walter Potter

died leaving Ellenor Potter his widow

and the following named persons his only

next of kin resident of the State of Ohio:

Age of Degree of
Name Minors Kinship P. O. Address.

Abigal Heaslett X Sister Kingston Center O.
Jane McCammon X " Potter O.
Ann Garvin X " Kingston Center O.
Nancy Leonard X " Leonardsburgh O.
Mrs. J. P. Jayness X Niece Delaware O.
Ann J. Scott X " Potter O.
Jennie Potter X " 251 South Third St
Columbus O.
Sarah M. Williams X " Kilbourne O.
D. S. Potter X Nephew Berkshire O.
Jemima Hamilton X Niece Delaware O.
Nancy J. Cline X " Norton O.
Carlton J. Potter X Grand Nephew De Graff. O.
Owen D. Potter X " " Alum Creek O.
Leonard W. Potter X " " " "
George T. Potterson Legatie ______________ 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.

John W. Rowland.

The foregoing application was signed in

my presence and sworn to before me, this

7" day of July A. D. 1892

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (517)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (517)

Description

[page 517]

[corresponds to page 488 of Delaware County Ohio Will Records Vol. 9 1890-93]

488

Walter Potter's Will.

Journal Entry, July 7, "1892

In the matter of the will of }

Walter Potter, deceased }

This day an instrument

of writing purporting to be the last will and Testa-

ment of Walter Potter, late of Delaware township.

in this county, 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 no-

tice thereof and of the application to admit the

same to probate and record be given to Abigal

Heaslett, Jane McCammon, Ann Garvin, Nancy

Leonard, Mrs. Z. P. Jayes, Ann Scott, Jemima Hamilton,

Nancy J. Cline, Carlton J. Potter, Owen D. Potter,

Leonard W. Potter as Next of Kin of tesator resident

of the state of Ohio and George T. Patterson Legatee,

and also to Elenor Potter, widow of said Testator,

That Said application will be for hearing before this

Court on 15" day of July at one o'clock P.M.

Notice

The State of Ohio, }

Delaware County, ss: } In Probate Court

I the matter of the last Will and

Testament of Walter Potter, deceased.

To John Rowland,

You are commanded to notify

Elenor Potter, Abigal Heaslet, Jane McCammon,

Ann Garvin, Nancy Leonard, Mrs Z. P. Jayses,

Ann J. Scott, Jennie Potter, Sarah M. Williams,

S. D. Potter, Jemima Hamilton, Nancy J. Cline,

Carlton J. Potter, Owen D. Potter, Leonard D. Potter

and George T. Patterson that on the 7" day of July,

A. D. 1892, an instrument of writing, purporting

to be the last Will and Testament of Walker Potter

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 on said Court. Said appli-

cation will be for hearing before this Court on the

15 day of July, A. D. 1892, at 1 o'clock P.M.

Witness, my hand and the seal of

said Probate Court, at Delaware, Ohio, this 7" day

of July, A. D. 1892.

N. F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (518)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (518)

Description

[page 518]

[corresponds to page 489 of Delaware County Ohio Will Records Vol. 9 1890-93]

489

Walter Potter's Will.

Return

The State of Ohio }

Delaware County, ss. }

John W. Rowlands being duly

sworn, says that on the 7 day of July to the

11 day of July, A. D. 1892, be served the within

notice by delivering a time copy thereof to

the within named Abigal Heasclett, Jane

McCammon, Ann Garvin, Nancy Leonard,

Mrs. Z. P. Jaynes, Ann J. Scott, Jennie Potter,

Sarah M. Williams, D.S. Potter, Jemma

Hamilton, Nancy J. Cline, Carlton J.

Potter, Owen D. Potter, Leonard W. Potter,

and George F. Patterson.

John W. Rowlands.

Subscribed in my presence and

sworn to before me this 15" day of July,

A. D. 1892.

N. F. Overturf.

Probate Judge.

Walter Potter's Will.

In the name of the Benevolent Father

of all, I Walter Potter 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

funeral expences & costs of administra-

tion be paid and that a suitable family

monument be purchased and erected.

Item 2nd I give and devise to George T. Patterson,

who made his home with me for a

number of years and who is now

living with and assisting me all my real

Estate Situated in the Township of Del-

aware County of Delaware and State of

Ohio consisting of about Eight and a half

acres of land where I now reside to

have and to hold to him and his heirs for-

ever Subject however to the charge of the

support and Maintenance of my wife

Eleanor Potter, during her natural life

time which I enjoin upon the said

George Patterson.

Item 3rd I give and bequeath to Mrs Jemima

Hamilton the Sum of two Hundred

dollars with the request that she give Such

care and attention to my wife as she can

conveniently do.

Item 4th All the rest and residue of my property
Delaware County Ohio Will Records Vol. 9 1890-1893 (519)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (519)

Description

[page 519]

[corresponds to page 490 of Delaware County Ohio Will Records Vol. 9 1890-93]

490

Walter Potter's Will.

of whatever kind and description I give and be-

queath to Said George F. Patterson, enjoining

upon his the care and maintenance of my

wife during her natural life time and in case

of his failure to do so he he shall forfeit all

right to the devises and bequests of this will, both

of personal & real property.

Item 5th I hereby nominate and appoint John Rowland

Executor of this my last will and testament hereby

revoking all former wills by me made In

testimony where of I have here unto set my hand

and seal this Eleventh day of June A. D. 1892.

Walter Patter {Seal}

Signed and acknowledged ]

in our presence by said ]

Walter Potter as his last will ]

Will & testament & signed by ]

us in his presence ]

John Hazelton. ]

L. M. Trigg ]

Probate of Will

The State of Ohio, }

Delaware County, ss } In Probate Court.

Personally appeared in open court John Hozilton

and L. M. Trigg the subscribing witnesses to the

last Will and Testament of Walter Potter 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 11" day of June A. D. 1892

purporting to be the last Will and Testament of

Walter Potter now deceased, is the Will of said de-

ceased Walter Potter 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 Walter Potter, deceased, sign

and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and

that the said Walter 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.

John Hazelton

L. M. Trigg

Sworn to and subscribed by said witnesses, in
Delaware County Ohio Will Records Vol. 9 1890-1893 (520)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (520)

Description

[page 520]

[corresponds to page 491 of Delaware County Ohio Will Records Vol. 9 1890-93]

491

Walter Potter's Will

open Court, this 15th day of July A. D. 1892

Journal Entry

July 15th 1892

In the matter of the will of }

Walter Potter deceased, } Be it remembered

that here to fore to wit on

July 7" A. D. 1892, an instrument of writing pur-

porting to be the last Will and Testament of

Walter Potter deceased, late of Delaware Township

in this county, was produced in open court

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. There upon on this day

came John Hozelton and L. M. Trigg, the

subscribing witnesses to said will, who

being duly sworn, testified to the due

execution and attestion of said Will,

which Testimony was reduced to writing

by them, respectivley Subscribed, and

filed with said Will. Where upon

the Court finds that the aforesaid in-

strument of writing is the last will

and Testament of said Walter Potter, de-

ceased, That the same was duly execut-

ed and attested, and that the said

Testator at the time of making, signing and

sealing the same, 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

be entered of record in this court.

Citation directed to Elenor Potter, widow of

said Walter Potter the above named testator, was

duly issued, that she appear in this court within

one year and make her election as to said Will

which was returned and duly verified by the oath

of John W. Rowlands that he did serve said

widow with said notice by delivering to her a

true copy of the same.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (521)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (521)

Description

[page 521]

[corresponds to page 492 of Delaware County Ohio Will Records Vol. 9 1890-93]

492

Walter Potter's Will.


July 25

In the matter of the will of }

Walter Potter deceased }

It appearing to the court

from verified statement in writing that Elenor

Potter widow of said decedent is incompetent to

make her election under said will ordered that

Edward F. Brandebery be and he is here by appointed

to ascertain the value of the provisions made for

said widow in the will of Testator and the

value of her rights by law in the estate of her

deceased husband and report the same to this

court.

N. F. Overturf

Probate Judge.

Probate Court Delaware County, Ohio.

In the matter of the Probate }

of the last Will and Testament }

of Walter Potter, deceased }

To the Honorable Probate Court

Your petitioner prays this court to ap-

point some suitable person to ascertain the value

of the provision made by the testator for his wid-

ow Elenor Potter, in lieu of the provisions made

by law, and the estate of the deceased; and prays

this Court to elect for said widow as may

seem best from said investigation.

In support of this prayer your petitioner

makes affidavit as set forth below. Susie Clark.

State of Ohio, Delaware County, ss.

Susie Clark being first duly sworn on

oath says that she is a niece of Elenor Potter,

widow of Walter Potter, deceased, that said Elenor

Potter is past eighty-one years of age, is very feeble

in mind and body from her great age, is child-

ish and is at times unable to recognize even

her most intimate friends and is this affiant

believes unable to make such election as is best for

her interests. Susie Clark.

Sworn to and subscribed before me this 15th day

of July, A. D. 1892.

Edward J. Brandebury.

Notary Public.

August 5" 1892. }

In the matter of the will }

of Walter Potter, deceased } Be it remembered that it
Delaware County Ohio Will Records Vol. 9 1890-1893 (522)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (522)

Description

[page 522]

[corresponds to page 493 of Delaware County Ohio Will Records Vol. 9 1890-93]

493

Walter Potter's Will.

has been determined in this Court that Elenor

Potter widow of said Walter Potter, deceased, is an

imbecile and that here to fine Edward Brander-

bury Esq. was by this court appointed to ascertain

the value of the provisions made by the testator

for her said Elenor Potter, in lien of the provis

ions made by law and that he ascertain the

value of her rights in the estate of her

husband said Walter Potter, deceased. And

said Edward F. Brandbury having made re-

port to this Court that he had made care-

ful inquiry and estimates of Said values the

provisions for said widow in said Testators

will and the values of her rights by law in

the estate of Said Walter Potter her de-

ceased husband he finds her rights by

law are the more valuable and has re-

ported accordingly to this Court. Where

upon the Court being well satisfied that

the rights of Said Widow Elenor Potter under

the law are more valuable and better for her

than the provisions made by testator Walter

Potter for her his widow. It is according by

entered that said Elenor Potter. It is accordingly

entered that said Elenor Potter, Imbecile

widow of Walter Potter Testator, deceased

takes not under the will, but does take and

accepts the rights provided by law for wid-

ows as is applied to such estates as her late

husband Walter Potter, deceased.

A.F. Overturf.

Probate Judge.

(Revise Statutes S 5967)

Ordered that executor of Said

decedents estate pay the costs herein taxed

at $7.05.

Delaware County Ohio Will Records Vol. 9 1890-1893 (523)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (523)

Description

[page 523]

[corresponds to page 494 of Delaware County Ohio Will Records Vol. 9 1890-93]

In the matter of the will of }

Benjamine Shults, } August 1 " 1892.



Be it remembered that here to fore to wit:

on April 21" 1892 in the Court it was found that

Malinda Shults, widow of said Benjamine

Schults, deceased, is an imbecile. It now appear-

ing to the court that said Malinda Schultz has

not made her election as to the will of said

Benjamin Schults, her deceased husband and

that she by reason of imbecility is incompetent

to do so. Where upon the Court appoints John

O. Hunt a suitable person to ascertain the value

of the provisions made by the Testator, Benjamine

Shults for the said Widow in his will of record

in this court. And that he also ascertain the

value of said widows rights by law in the estate

of her husband Said Benjamin Shults and

that he report Said values to this court together

with his reasonable charges therefore within about

date. Ordered that notice accordingly issue to

John O Hunt of his appointment herein.



The State of Ohio.
Delaware County, Probate Court.

To John O. Hunt, Esq.

You have been appointed by

said court to ascertain the value of the provisions

made by the testator Benjamine Shults for his

widow Malinda Shults in Lien of the

provisions made by the laws of this for dower and

the distributive share of personal estate;

And you will also by estimate and by the best at-

tainable information ascertain the value of

Melinda Shults' rights by law in the estate of

Benjamine Shults, her husband, deceased. Said

Will and the settlement of said estate and re-

port the same in writing to our said court

together with your reasonable charges where

fore duly endorsed and all certified and signed

by you within all convenient speed.

Witness My Signature

and the Seal of Said Court

at Delaware Ohio the 1n day

of August, A.D. 1892.

N. F. Overturf,
Probate Judge




















Delaware County Ohio Will Records Vol. 9 1890-1893 (524)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (524)

Description

[page 524]

[corresponds to page 495 of Delaware County Ohio Will Records Vol. 9 1890-93]

495

Benjamine Shults' Will.

To the Judge of the Probate Court Delaware

County Ohio:

Pursuant to the written order I have

made careful estimate and find that the

provisions in the will of Benjamine Shults

deceased as to his Widow Malinda Shults are

more valuable in the amount of ($1400)

Fourteen hundred Dollars

My reasonable Compensation for so ascer-

taining as here in reported under your

said order are $

Dated this 17 day, August. A D. 1892.

Signed J. O. Hunt.

Fees. $2.00

Journal Entry.

August 17 " 1892.

In the matter of the Will }

of Benjamine Shults. } Election of Widow.


Be it remembered that here to fore John

O. Hunt Esq. was by this Court appointed to

ascertain the value of the provisions made

by the testator Benjamine Shults deceased

in his last will and Testament for his

widow Malinda Shults and Imbicile in

lien of the provisions made by law for wid-

ow in deceased husband's estate; and that

he, Said John O. Hunt, also ascertain the

value of the interest said widow would by

law receive out of the estate of her said

husband, Benjamine Shults, deceased.

Said John O. Hunt having reported this

day to this court that the provisions made

in said will for said widow are more

valuable in the Sum of Fourteen Hundred

Dollars ($1400) than the amount She, said

widow would receive from decedents estate

by law as in case of no will. Where upon the

Court being well satisfied that the rights of

said Malinda Shults under the will of said

Benjamine Shults are more valuable and

better for her than the dower and distrib-

utive share of said Benjamine Shults estate.

It is accordingly entered that said Malinda

Shults, Imbecile widow of Benjamine

Shults, deceased, takes and accepts under

said will and takes and accepts the

provisions made for her in said Will in
Delaware County Ohio Will Records Vol. 9 1890-1893 (525)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (525)

Description

[page 525]

[corresponds to page 496 of Delaware County Ohio Will Records Vol. 9 1890-93]

496


James William Mendenhall's Will


Lieu of her dower and distributive share of said

deceased husbands estate.

N.F. Overturf

Probate Judge.



Citation to Widow to Make Election

The State of Ohio }

Delaware County, s s.} Probate Court.

To Olive S. Mendenhall, widow of James

William Mendenhall late of Delaware County,

Ohio, deceased.

You are here by notified that the last will and

Testament of James William Mendenhall, deceased,

was on the second day of July, A.D., 1892, duly ad-

mitted to Probate by the Probate Court of Delaware

County, Ohio, and you are here by cited and re-

quired to appear in person before said Probate

Court within one year from the date of the service

of this citation, and make your election wether

you will take the provisions made for you in

said Will, or be endowed of the lands

of your said late consort, and take your distrib-

utive share of his personal estate, pursuant to the

statute in such cases provided, and in this fail

not.

In testimony where of, I have here unto set my

hand and affixed the seal of said Probate

Court, at Delaware , Ohio, this 2nd day

of July, A.D. 1892.

N. F. Overturf.

Probate Judge.


Return

I here by acknowledge service of the within cita-

tion this 2nd day of July, A.D. 1892.

In the matter of the will of

Olive S. Mendenhall}

James William Mendenhall deceased } Election of Widow

Probate Court, Delaware County, Ohio

In the matter of the will of } Olive S. Mendenhall.

James William Mendenhall deceased } Election of Widow

Probate Court, Delaware County, Ohio

In the matter of the will of

James William Mendenhall deceased } Election of Widow


I, Olive S. Mendenhall, widow of James

William Mendenhall, late of Delaware Township,

Delaware County, Ohio, deceased, hereby elect to take


Delaware County Ohio Will Records Vol. 9 1890-1893 (526)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (526)

Description

[page 526]

[corresponds to page 497 of Delaware County Ohio Will Records Vol. 9 1890-93]

497
James William Mendenhall's Will.


the provision made for me in the last Will

and Testament of said James William

Mendenhall deceased in Lieu of being en

dowed of the lands of my deceased consort,

and taking the distributive share of his

personal estate.

Olive S. Mendenhall

Widow of

James William Mendenhall

deceased,

Signed in open Court this 10" day of August

A. D. 1892.

N. F. Overturf

Probate Judge


James William Mendenhall's Estate.

August 10 " 1892.

This day came Olive S. Mendenhall,

Executrix of the estate of James William

Mendenhall, deceased and filed in this

Court her duly verified inventory of said estate

which statement is approved by court and

ordered recorded.

N. F. Overturf.

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (527)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (527)

Description

[page 527]

[corresponds to page 498 of Delaware County Ohio Will Records Vol. 9 1890-93]


Alfred McLeod's Will 498

In the matter of the will of }
Alfred McLeod, deceased} Election of Widow.

Probate Court, Delaware County, Ohio.

I, Rebecca McLeod, widow of Alfred McLeod

late of Genoa Township, Delaware County Ohio,

deceased, hereby elect to take the provision made

for me in the last Will and Testament of said

Alfred McLeod, deceased, in lieu of being en-

dowed of the lands of my deceased consort and

taking distributive share of his personal estate.
Rebecca McLeod

widow of

Alfred McLeod dec'd

Signed in open Court this 16" day of August A.D. 1892

A. F. Overturf

Probate Judge.



In the matter of the Will of }

Alfred McLeod deceased } August 16" 1892.

This day came Rebeca McLeod, widow of Alfred

McLeod deceased into open Court and after having

the provisions of the last Will and Testament of said

deceased and her rights under it fully explained

and made known to her and also of her rights by

law in the event she refused to elect to take under

said Will after due deliberation she elected to ac-

cept of the provisions made for her in said last

Will and Testament in lieu of her dower interest

and distributive share of the estate of said deceased.

N.F.Overturf.

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (528)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (528)

Description

[corresponds to page 499 of Delaware County Ohio Will Records Vol. 9 1890-93]

499

Issac Frees's Will

Probate Court Delaware County

In the matter of the will of }
Issac Freese deceased } Election of Widow

I Mary E. Freese widow of Isaac
Freese late of Concord Township, Delaware

County, Ohio, deceased, hereby elect not to take

the provision made for me in the last Will

and Testament of said Isaac Freese, deceas-

ed but do elect to be endorsed of the lands

of my deceased consort and taking the dis-

tributive share of his personal estate, as

provided by law.
Mary E. Freese
Widow of
Isaac Freese, deceased.

Signed in open Court this 23" day of August
A. D. 1892.

N. F. Overturf.

Probate Judge.


Journal Entry

In the matter of the Will of ]
Isaac Freese, deceased. ] August 23, 1892.

This day personally appeared in open

Court Mary E. Freese, widow of Said Isaac

Freese, who after having in matters explained

to her. She elected to take under this law

that portion of the estate of her deceased

husband as she would acquire in the

event there was no will.

N.F. Overturf.

Probate Judge.



Delaware County Ohio Will Records Vol. 9 1890-1893 (529)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (529)

Description

[page 529]

[corresponds to page 500 of Delaware County Ohio Will Records Vol. 9 1890-93]

[page 500]

Sarah Vining's Will. Probate Court Delaware County, Ohio.

In the matter of the Will of }
Sarah Vining deceased. } Election of Widow.

I Elam C. Vining, widow of Sarah Vining

late of Delaware Township, Delaware County, Ohio,

deceased, hereby elect to take the provision made

for me in the last Will and Testament of said

Sarah Vining, deceased, in lieu of bring endowed of

the lands of my deceased consort, and taking the

distributive share of her personal estate.

Attest.

Elam C. Vining
Widower of
Sarah Vining deceased.

James R. Lythe.
Ella H. March.

Signed in open court this 23" day of August, AD 1812.

N.F. Overturf.

Probate Judge.

Journel Entry.

In the matter of the will of }
Sarah Vining deceased } August 23" 1892

This day came Elam C. Vining, widower

of Sarah Vining, deceased, into open court and after

having the provisions of the last Will and

Testament of said deceased and his rights under

it fully explained and made known to him and

also of his rights by law in the event he refused

to elect to take under said Will, after due delib-

eration he elected to accept of the provisions made

for him in said last Will and Testament in lieu

of his dower interest and distributive share of the

estate of said deceased.

N. F. Overturf.

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (530)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (530)

Description

Delaware County Ohio Will Records Vol. 9 1890-1893 (530)

[530]

Delaware County Ohio Will Records Vol. 9 1890-1893 (530)

[corresponds to page 501 of Delaware County Ohio Will Records Vol. 9 1890-93]

Helen Gertrude Beach'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 Hellen } Application to admit

Gertrude Beach, deceased } to Probate.

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County,

Your petitioner respectfully represents,

that Hellen Rutheford Beach, late a res-

dent of the Township of Delaware in said

County, died on or about the 19'' day of

August, A.D. 1893, leaving an instru-

ment in writing, here to attached pur-

porting to be her last will and Testa-

ment; That the said Hellen Gertrude

Beach died leaving no widower and

the following named persons her only

next of kin.

Name. age. Degree of Kinship .P.O. Address.

Albert Rutherford Beach. 22 yrs. Son. Cleveland Ohio.

Your Petitioner Says that he is only

heir at and next of kin to decedent and the

only person interested in the probate of said

will, that he well knows and admits the

validity of said will that the signature there

to us the signature of his mother, Hellen

Gertrude Beach and that she at the time

of the execution of said will May 11" 1875, was in

full life, of sound mind and memory and

not under any restraint and he asks the

Court to admit said will to probate and re-

cord without any further proof or evidence.

Albert R. Beech.

The foregoing application was signed in

my presence and sworn to before me, this

23 day of August. A. D. 1872.

N. F. Overturf.

Probate Judge.

Journal Entry.

In the matter of the Will of |

Hellen Gertrude Beach dec'd } August 23" 1892

Be it remembered that this


Delaware County Ohio Will Records Vol. 9 1890-1893 (531)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (531)

Description

[corresponds to page 502 of Delaware County Will Records Vol.9 1890-93 ]

Hellen Gertrude Beach's Will

day Albert Ruthford Beach personally appeared

in open Court and produced to the Court a

written instrument and made application as

required by law to have the same admitted

to probate and recorded as and for the last Will

and testament of Hellen Gertrude Beach his

mother. On said application the court finds

that Said Hellen Gertrude Beach died leaving

no widower and Said Albert Rutherford Beech

now of full and lawful age, her only heir at law

and only next of kin. That the paper now pro

duced purporting to be the last will and Testament

of Hellen Gertrude Beach is the last will and

Testament of Hellen Gertrude Beach. That the

same was duly executed and attested and that

said testatrix at the time of making, signing and

sealing the same was of full age, of sound mind

and memory and not under any restraint.

This therefore, by the Court ordered that the said

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

be entered of record in this court.


Helen Gertrude Beech's Will.

In the name of God, Amen. I Hellen

Gertrude Beach of the city of Plainfield. County

of Union and State of New Jersey, being of

sound and disposing mind and memory and

considering the uncertainity of this life, do

there fore make, ordain publish and declare

this to be my last Will and Testament. That

is to say,

First,, After all my lawful debts are paid and dis-

charged, I give and devise to my brother Frank

R. Moody, to hold in trust for my son Albert

Rutherford Beach, all of my real estate where in

located; also all real estate in which I hold any

interest or ownership whatever.

Second: I give and bequeath to my brother Frank R.

Moody, to hold in trust for my son Albert

Rutherford Beach, all of my personal property of

whatever kind or description and where ever

located.

Third. I hereby empower my brother Frank R. Moody

to sell and convey, at any time any or all of my

real estate, devised in this instrument and to

retain the proceeds of said sale, together with

such personal property as I have herein bequeath-

ed until my son Albert Rutheford Beach shall









Delaware County Ohio Will Records Vol. 9 1890-1893 (532)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (532)

Description

[corresponds to page 503 of Delaware County Ohio Will Records Vol 9 1890-93]

Hellen Gertrude Beech's Will

have attained the age of twenty one years

Likewise, I make, constitute and appoint

my brother Frank R. Moody, to be executor

of and trustee under this my last will

and testament, hereby revoking all former

wills by me made.

In Witness Whereof, I have here unto

subscribed my name and affixed my

seal, the eleventh day of May in the

year of our Lord one thousand eight

hundred and seventy five.

Helen Gertrude Beech

seal

Subscribed by Helen Gertrude Beach the

testator named in the foreg oing will in

the presence of each of us; and at the time

of making such subscription, the above

instrument was declared by the said

testator to be her last will and testament,

and each of us at the request of said

Testator, and in her presence, and in the

presence of each other, signs his or her

name as a witness there to at the end

of the will.

Witnesses

W. D. Olmsted.

Yonkers, N. Y.

Horace E. Dresser

Yonkers, N. Y.

C. M. Dresser

Yonkers, N. Y.




Delaware County Ohio Will Records Vol. 9 1890-1893 (533)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (533)

Description

[corresponds to page 504 of Delaware County Ohio Will
Records Vol 9 1890-93]

Thomas C. Jones Will.

5115 Application of Probate of Will.

The State of Ohio } In Probate Court

Delaware County, s.s}

In the matter of the last }

Will and Testament of } Application to Admit to Probate

T. C. Jones, decreased. }

To the Hon. N. F. Overturf, Judge of the Probate

Court in and for said County:

Your petitioner respectfully represents that Thomas

C. Jones late a resident of the Township of Delaware,

in said County, died on or about the 13" day of August

A. D. 1892, leaving an instrument in writing, here to

attached, purporting to be his last will and testament;

That the said Thomas C. Jones, died leaving Harriet

A. Jones his 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

Hosea Williams Jones. Son. Gambier Ohio.

Arthur H. Jones. .". Delaware Ohio.

Martha C. Lybrand. Daughter. Delaware Ohio.

Thomas Clive Jones. Son. Delaware Ohio.


Your petitioner prays that a time may be

fixed for the proving of said Will, and that said a-

bove named persons may be named according to

law of the pending of said proceedings.

Harriet A. Jones.

The fore going application was signed in my

presence and sworn to before me, this 22" day of

August A. D. 1892.

N. F. Overturf

Probate Judge.


Waiver of Notice.

to the undersigned Widow and next of Kin of the

within named decedent hereby waive further notice to

the Probate of said Will.

Dated this 22" day of August A. D. 1892.

Harriet A. Jones.

Hosea William Jones.

Arthur H. Jones.

Martha C. Lyland.

Thomas Clive Jones.











Delaware County Ohio Will Records Vol. 9 1890-1893 (534)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (534)

Description

Delaware County Ohio Will Records Vol 9 1890-1893

[corresponds to page 505 of Delaware County Ohio Will Records Vol 9 1890-1893]


Thomas E. Jones Will

Will

In the name of the Bennove-

lent Father of All.

I Thomas C. Jones of the County of Delaware

and State of Ohio, do make and publish this my

last will and testament.

First I give and devise to my dear wife Harrict of

Jones all my property real & personal public-

an situate, not dwelting but she will make

of what remains at her death proper

distrabution to our dear ones and objects of

our bounty.

Second. I constitute and appoint beloved wife

Harrict A. Jones Executrix of this my last will

and testament, and direct that she be not

required to fund bond, not to have and

appointment made of the personal estate.

Signed and Sealed and acknowledged as

my last will and testament this 11 day

May 1876 in the presence of

Margaret C. Hills T. C. Jones seal

C. Hills.

Probate of Will

The State of Ohio } In Probate Court.

Delaware County e.s. }

Personally appeared in open

court Margaret C. Hills and C. Hills the

subscribing witnesses to the last will and

Testament of Thomas C. Jones, 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 having date the 11th day of May

A. D. 1876, purporting to be the last will

and Testament of Thomas C. Jones, now de-

ceased, is the Will of said deceased Thomas

C. Jones, that they were present at the exe_

cution of said will, and at the request of

the Testator respectively subscribed their

names to the same a s witnesses in his

presence, that they saw the said Thomas

C. Jones, deceased, sign and seal said Will

C. Jones, deceased, sign and seal said Will

and heard him achnowledge the same to be

his last Will and Testament, and that the






Delaware County Ohio Will Records Vol. 9 1890-1893 (535)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (535)

Description

[corresponds to page 506 of Delaware County Ohio Will Records Vol 9 1890-93]

Thomas C. Jones' Will

said Thomas C. 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

Margaret C. Hills.

C. Hills.

Sworn to and subscribed by said witnesses in

open Court, this 24" day of August, A. D. 1892

N. F. Overturf

Probate Judge


Journal Entry

In the matter of the Will }

of Thomas C. Jones, deceased. } Aug 25. 1892


This day an instrument of writing, pur-

porting to be the Last Will and Testament of Thomas C.

Jones, late of Delaware Township, in the County, deceas-

ed, was produced in open court for Probate, and it is

now ordered that the last Will be filed in this Court

and it appearing to the Court that Harriet A. Jones, wid-

ow, and Hosea Williams Jones, Arthur William

Jones, Martha C. Lybrand and Thomas Clive Jones,

only next of kin and only heirs of law of said

Thomas C. Jones have waived the issuing of notice

to the probate of said will. There upon on this

day came Margaret C. Hills and C. Hills, the sub-

scribing 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 upon the court finds that the afore

said instrument of writing is the last will and

Testament of said Thomas C. Jones, deceased; that

the said testator, at the time of making, signing and

sealing the same, 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 be entered of

record in this court.

N. F. Overturf,

Probate Judge.

















Delaware County Ohio Will Records Vol. 9 1890-1893 (536)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (536)

Description

[corresponds to page 507 of Delaware County Ohio Will Records Vol 9 1890-93]



Journal Entry

In the matter of the Will of } June 25," 1872

Benjamin DeGood, deceased }


This day came Maria S.

DeGood, widow of Benjamin DeGood, deceas-

ed, into open court and after having the pro-

visions of the last Will and Testament of

said deceased and her rights under it, fully

explained and made known to her, and

also of her rights by law in the court she

refused to elect to take under said Will,

after due deliberation she elected to accept

of the provisions made for her in said last

Will and Testament in lieu of her dower

interest and distributive share of the estate

of said deceased.

N. F. Overturf

Probate Judge.

In the matter of the Will of }

Benjamin DeGoode, deceased. }

And now comes Maria S. DeGood, widow

of Benjamin DeGood, deceased, and in open

court made her election as to the last will and

Testament of said decedent.

The State of Ohio } Probate Court

Delaware County ss. } June 25, 1892

I, Mariah S. DeGood, widow of Benja-

min DeGood, late of Delaware County, deceas-

ed, fully understanding and living the provisions of the

last will and Testament of said decedent, and

of my rights under the law in the event of my

refusal to elect to take under said Will,

do hereby elect to take and do accept of the pro-

visions made for me in said last Will and

Testament in lieu of my dower interest and

distributive share of said estate.

Maria S. DeGood

Subscribed in open Court before me this 25

day of June A. D. 1892.

N. F. Overturf.

Probate Judge.










Delaware County Ohio Will Records Vol. 9 1890-1893 (537)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (537)

Description

[corresponds to page 508 of Delaware County Ohio Will Records Vol 9-93]

508

Lewis Benton's Will.

Journal Entry.

In the matter of the Will of } June 25, 1892

Louis Benton, deceased. }

This day came Loreta Benton, widow of Lewis

Benton, deceased, into open court and after having the

provisions of the last will and testament of said decea

ed and her rights under it fully explained and made

known to her, and also of her rights by law in the

event she refused to elect to take under said, will,

after due deliberation she elected not to accept of the

provisions made for her in said last Will and

Testament in lieu of her dower interest and dister-

butive share of the estate of said deceased, but elect-

ed to take under the law.

W. F. Overturf,

Probate Judge



In the matter of the Will of }

Lewis Benton, deceased. } Election of Widow.

And now comes Loreta Benton, widow of Lewis

Benton deceased and in the open court made her elect-

ion as to said decedent's will.

The State of Ohio } Probate Court

Delaware County ss. } June 25, " 1892.


I Loreta Benton, widow of Lewis

Benton, late of Delaware County, deceased, fully under

standing the provisions of the last Will and Testa-

ment of said deceased and of my rights under it,

and of my rights by law do now hereby make my

election as to said will, and refuse to accept the

provisions made for me in said decedents will

and elect and do take under the law as is pro-

vided for widows in cases of no will.

Attest Loreta x Benten her mark


Amy Reichelderfer.

Subscribed in open Court, before me this 25 "

day of June 1892.

N. F. Overturf

Probate Judge









Delaware County Ohio Will Records Vol. 9 1890-1893 (538)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (538)

Description

[corresponds to page 509 of Delaware County Ohio Will Records Vol 9 1890-93]

509

Jeremiah W. Smith's Will

Journal Entry

In the matter of the will of }

Jeremiah W. Smith, deceased } July 5, 1982

This day came Eliza J. Smith, widow of

Jeremiah W. Smith, deceased, into open court and after

having the provisions of the last will and testament

of said deceased and her rights under it fully ex-

plained and made known to her, and also of her

rights by law in the event she refused to elect to

take under said will, after due deliberation she

elected to accept of the provisions made for her

in said last will and Testament in lieu of her

dower interest and distributive share of the es-

tate of said deceased.

N. F. Overturf.

Probate Judge.

Election of Widow.

The State of Ohio } Probate Court

Delaware County ss. } July 5th 1892

I, Eliza J. Smith, widow of Jerimiah

W. Smith, deceased fully understanding the

provisions of the last will and Testament of said decedent

for me and my rights under it and also my rights

under the law in the event of my refusal to elect

to take under said will. I do hereby elect to

take under said will and do accept of the provis-

ions there in made for me in lieu of my distrib-

utive share of said decedents estate and dower

there of.

Subscribed in open court this 5" day of July

Eliza J. Smith.

Subscribed in open court this 5th day of July

A. D. 1892.

N. F. Overturf.

Probate Judge.






Delaware County Ohio Will Records Vol. 9 1890-1893 (539)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (539)

Description

[corresponds to page 510 of Delaware County Ohio Will Records Vol. 9 1890-1893]

August Reibel's Will.

Journal Entry.

In the matter of the will of }

August Reibel, deceased. } August 1. 1892.

This day came Margret Reibel, widow of

August Reibel, deceased, into open court and after having the

provisions of the last will and Testament of said deceas-

ed and her rights under it fully explained and made

known to her, and also of her rights by law in the event

she refused to elect to take under said Will, after due

deliberation she elected to accept of the provisions

made for her in said last Will and Testament in lieu

of her dower interest and distributive share of the estate

of said deceased.

N. F. Overturf.

Probate Judge.

Election of Widow.

The State of Ohio } Probate Court.

Delaware County s.s. } August 1, 1892.

I. Margaret Reibel, widow of August Reibel

deceased, where will was probated in said Court on

June 24" 1892, fully understanding the provisions of

said last Will and Testament for me and of my rights

under the law in the event of my refusal to elect to take

under said will. I do hereby elect to take under

said will and to accept of the provisions there in made

for me in leiu of my dower interest in said estate

and my distributive share of said estate as provided

by law.

Margaret Reibel.

Subscribed in open court this 1" day of August,

A. D. 1892 in my presence.

N . F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (540)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (540)

Description

Delaware County Ohio Will Records Vol. 9 1890-1893 (540)

[corresponds to page 511 of Delaware County Ohio Will Records Vol. 9 1890-1893]

Roxy Barthalomew's Will

Application for Probate of Will.

The State of Ohio } In Probate Court

Delaware County, s.s: }

In the matter of the Last Will }

and Testament of Roxy } Application to admit to

Barthalomew deceased. } Probate.

To the Hon. N. F. Overturf, Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents that

Roxy Barthalomew, late a resident of the Township of

Liberty in said County, died on or about the 1st day

of September, A. D. 1812 leaving an instrument in

writing hereto attached, purporting to be her last

will and Testament. That the said Roxy

Barthalomew died leaving no widower and the

following named persons her only next of kin

resident of the state of Ohio:

Names Age of Minor Degree of Kinship P. O. Address

Lizzie E. Moses, Grand daughter, Powell, Ohio.

Etta Case Grand daughter, Columbus, Ohio.

Luella L. Case Grand daughter, Powell, Ohio.

Hattie B. Case Grand daughter, Powell, Ohio.

Roxy Case Grand daughter, Powell, Ohio.

Emily J. Andrews Grand daughter, Powell, Ohio.

W. P. Case. Grand daughter, Powell, 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.

W. P. Case.

The forgoing application was signed in my

presence and sworn to before me this 8" day of

September, A. D. 1892.

N. F. Overturf,

Probate Judge.

Waver of Notice.

We the undersigned and Next of Kin of the within

named decedent, hereby waive further notice to

the probate of said will.

Dated this 8" day of September A. D. 1892.

W. P. Case.





Delaware County Ohio Will Records Vol. 9 1890-1893 (541)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (541)

Description

[corresponds to page 512 in Delaware County Ohio Will Records Vol. 9 1890-1893]

Roxy Barthalomew's Will.

Journal Entry.

In the matter of the Will of } September 8, 1892.

Roxy Barthalomew, deceased. }

This day an instrument of writing, pur

porting to be the last Will and Testament of Roxy Barthal-

omew late of Liberty 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 appli-

cation to admit the same to probate and record be given

to Lizzie E. Moses, Etta Case, Luella L. Case, Hattie B. Case,

Roxy Case, Emily J. Andrews and W. P. Case, next of kin of

the Testator, resident of the state of Ohio. That said

application will be for hearing before this court on the 10"

day of September, A. D. 1892, at 10 o'clock A. M.

N. F. Overturf

Probate Judge.

Notice

The State of Ohio } In Probate Court

Delaware County s s: }

In the matte of the last Will and

Testament of Roxy Barthalomew, deceased.

To W. P. Case

You are commanded to notify Lizzie E. Moses,

Etta Case, EmilyJ. Andrews, Luella L. Case, W. P. Cease, Hattie

B. Case, Roxy Case that on the 8" day of September, A. D.

1892, an instrument of Writing purporting to be the last

Will and Testament of Roxy Barthalomew 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 applica-

tion will be for hearing before this court on the 10" day

of September A. D. 1892 at 10 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 8" day of September, A. D.

1892.

N. F. Overturf.

Probate Judge.

Return.

The undersigned persons within named, hereby

acknowledged service of the within notice this 8" day of

September A. D. 1892 and consent Said Will may be probated


















Delaware County Ohio Will Records Vol. 9 1890-1893 (542)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (542)

Description

[corresponds to page 513 of Delaware County Ohio Will

Records Vol 9 1890-93]

Roxy Barthalomew's Will

without further Notice.

Lizzie E Moses. Luella L. Case

Hattie B Case. Roxy Case

Emily J. Andrews.

Etta Cease.

Roxy Barthalomew's Will.

Know all men by these present that I Roxy

Barthalomew of Powell, in the County of Delaware

and State of Ohio, widow, being advanced in

years, but in good health and of sound and dis-

posing mind and memory, do make and pub-

lish this my last will and Testament, hereby

revoking all former wills by me made.

And as to my worldly estate, and all the

property real and personal or mixed in what

ever form it may be at the time of my decease

or to which I shall be entitled at the time of

my decease, I devise, bequeath and dispose

there of in the manner following to wit:

First: - my will is, that all my just debts

and funeral expenses shall be paid out of my es-

tate as soon after my decease as shall be found to

be convenient.

Item 1st I give, demise and bequeath to my Grandaughters

children of my daughter Emily Jane Case, deceased

to wit: Emma Case, Ella Case, Hattie Case, and Roxy

Case, all of my household goods of every description

consisting of furniture, beds, beding & c. and all

of my wearing apparell of every kind and descript-

ion, to be equally between and among said

my said named Grand daughters.


All of the rest and residue of my estate, real

and personal and mixed of which I shall be sized

and possessed, or to which I shall be entitled at my

decease. I give devise and bequeath to be equally

divided, between and among my Grand children,

Children of my daughters Emily Jane Case, deceased,

to wit: Franklin Case John Case, Emma J Cease, Ella

Case, William Peter Case, Dandy J. Case, Hattie Case

and Roxy Case.

In Testimony whereof I the said Roxy

Barthalomew have to this my last will and Testament

subscribed my name and affixed my seal this

Sixteenth day of May in the year of our Lord, One

Thousand eight hundred and eighty eight.

Roxy Barthalomew Seal

Delaware County Ohio Will Records Vol. 9 1890-1893 (543)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (543)

Description

[corresponds to page 514 of Delaware Ohio

Will Records Vol 9 1890-93]

Roxy Barthalomew's Will.

Signed sealed, published and declared by the

said Roxy Barthalomew as and for her last 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 subscribed our names as witnesses there to.

E. Jason Hall.

Rufus Carpenter.

Probate of Will.

The State of Ohio } In Probate Court

Delaware county ss: }

Personally appeared in open court E.

Jason Hall and Rufus Carpenter, the subscribing wit-

nesses to the last Will and Testament of Roxy Barthal-

omew 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 the date the 10" day of Sept-

ember A. D. 1892 purporting to be the last Will and Testament

of Roxy Barthalomew, that they were present at the execu-

tion of said will and at the request of the Testatrix respect

ivly subscribed their names to the same as witnesses

in her presence; that they saw the said Roxy Barthalo-

mew deceased, sign and seal said will and heard her

acknowledge the same to be her last Will and Testament

and that the said Roxy Barthalomew 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.

E. Jason Hall.

Rufus Carpenter.

Sworn to and subscribed by said witnesses,in open

court this 10" day of September A. D. 1892.

N. F. Overturf

Probate Judge.

Journal Entry

In the matter of the Will of } September 10" 1892.

Roxy Barthalomew, deceased. }

Be it remembered that here to fore, to wit: on the

8" day of September A. D. 1892 in an instrument of writing

purporting to be the last will and testament of Roxy Barthal-

omew, late of Liberty Township in this county, deceased, was









Delaware County Ohio Will Records Vol. 9 1890-1893 (544)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (544)

Description

[corresponds to page 515 of Delaware County

Ohio Will Records Vol 9 1890-93]

Roxy Barthalomew's Will

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 he court has been given to

Lizzie E. Moses, Etta Case, Luella L. Case, Hattie B.

Case, Roxy Case, Emily J. Andrews and W. P. Case,

next of kin of the Testatrix, residents of the state

of Ohio, pursuant to a former order of this court;

Therefore this day came E. Jason Hall and Rufus

Carpenter, the subscribing witnesses 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 of said Roxy Barthalomew,

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 re-

cord in this Court.

N. F. Overturf.

Probate Judge.










Delaware County Ohio Will Records Vol. 9 1890-1893 (545)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (545)

Description

[corresponds to page 516 of Delaware County Ohio
Will Records Vol 9 1890-93]

Charlotte Hursey's Will

Journal Entry

In the Matter of the Will } September 23" 1892

This day came Simon Hursey widower of

Charlotte Hursey, deceased, into open court and after

having the provisions of the last Will and Testament

of said deceased and his rights under it fully ex-

plained and made known to him, and also of his rights

by law in the event he refused to elect to take under

said Will, after due deliberation he elected to accept

of the provisions made for him in said last Will and

Testament in lieu of his dower interest and distributive

share of the estate of said deceased.

N. F. Overturf

Probate Judge.

Election of Widow

Probate Court, Delaware County, Ohio

In the Matter of the Will of } Election of Widower.

Charlette Hursey, deceased. }

I, Simon Hursey widower of Charlotte Hursey, late

of Harlem Township, Delaware County, Ohio, deceased, here-

by elect to take the provisions made for me in the last

will and Testament of said Charlotte Hursey, deceased,

consort, and taking the distributive share of her personal

estate.

Simon Hursey.

widower of

Charlotte Hursey

deceased.

Signed in open court this 23" day of September A.D. 1892

N. F. Overturf.

Probate Judge.

















Delaware County Ohio Will Records Vol. 9 1890-1893 (546)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (546)

Description


[corresponds to page 516 of Delaware County Ohio
Will Records Vol 9 1890-93]

Charlotte Hursey's Will

Journal Entry

In the Matter of the Will } September 23" 1892

This day came Simon Hursey widower of

Charlotte Hursey, deceased, into open court and after

having the provisions of the last Will and Testament

of said deceased and his rights under it fully ex-

plained and made known to him, and also of his rights

by law in the event he refused to elect to take under

said Will, after due deliberation he elected to accept

of the provisions made for him in said last Will and

Testament in lieu of his dower interest and distributive

share of the estate of said deceased.

N. F. Overturf

Probate Judge.

Election of Widower

Probate Court, Delaware County, Ohio

In the Matter of the Will of } Election of Widower.

Charlette Hursey, deceased. }

I, Simon Hursey widower of Charlotte Hursey, late

of Harlem Township, Delaware County, Ohio, deceased, here-

by elect to take the provisions made for me in the last

will and Testament of said Charlotte Hursey, deceased,

consort, and taking the distributive share of her personal

estate.

Simon Hursey,

widower of

Charlotte Hursey,

deceased.

Signed in open court this 23" day of September A.D. 1892

N. F. Overturf.

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (547)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (547)

Description

[corresponds to page 518 of Delaware County

Ohio Will Records Vol 9 1890-93]

Lydia Jones' Will

Notice

The State of Ohio } In Probate Court

Delaware County .ss. }

In the matter of the last Will and Testament

of Lydia Jones deceased.

To John H. Jones:

You are commanded to notify Margaret

Sefton that on the 22" day of September A. D. 1892 an instrument

of writing purporting to be the last Will and Testament of Lydia Jones

late of Delaware Township in said County deceased, was produced in

said Court and an application to admit the same to probate was in the

same day made in said Court, Said application will be for hearing be-

fore this Court in on the 3" day of October A D. 1892 at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court, at Delaware

Ohio, the 22" day of September A. D.1892

N. F. Overturf

Probate Judge
Seal

I, the undersigned person within named hereby acknowledge service

of the within notice this 24" day of September A. D. 1892.

Margaret Sefton.


Testimony of Witness.

In Probate Court } In the matter of Proving the last Will and Testament

Delaware County Ohio } of Lydia Jones deceased

the State of Ohio }

Delaware County.ss } Helena Powell 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

hearing date the 24" day of February A.D. 1873 and offered for probate

as the last Will and Testament of Lydia Jones late of Delaware

Township, in said County of Delaware deceased, and saw the said Lydia

Jones now deceased and her husband John H Jones 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 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

Helen Powell

Sworn to and subscribed by said witness in open Court this 3"

day of October A. D. 1892

N. F. Overturf

Probate Judge

























Delaware County Ohio Will Records Vol. 9 1890-1893 (548)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (548)

Description

[corresponds to page 519 of Delaware County Ohio Will Records Vol. 9 1890-1893 ]




Lydia Jones' Will

Proof of Signature of Witness to Will. Filed Oct. 3/92

The State of Ohio }

Delaware County. ss. } Helena Powell and H.M. Carper being duly sworn

say that they were well acquainted with T. W. Powell

who is now deceased, that they were acquainted with the hand writing

of the said T. W. Powell having often seen him write, that the signature

T. W. Powell as subscribing witness to the last Will and Testament

of Lydia Jones deceased is in the own proper hand writing and signature

of the said T. W. Powell, who at the date of said Will was in full

life and resided in Delaware in said County.

H. M. Carper

Helena Powell

Sworn to before me and subscribed in my presence this 3rd day of

October A. D. 1892.

N. F. Overturf

Probate Judge

Journal Entry

October 3" 1892.

In the Matter of the Will } Order of Probate & Record

of Lydia Jones deceased }

Be it remembered that heretofore to wit

on the 3rd day of October A. D. 1892, an instrument of writing pur

porting to be the last Will and Testament of Lydia Jones, late of

the City and Township of Delaware in this County 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 Helena

Powell, one of the subscribing witnesses to said Will, who being duly

sworn testified to the due execution and attestation of said Will;

and it appearing by evidence to the court that Thomas W. Powell, the

only other subscribing witness to said Will by his signature of T. W.

Powell was there at the execution of said Will in full life but has

since deceased there came after H. M. Carper who with said Helena

Powell testified that they were well acquainted with said T. W. Pow-

ell, and with his hand writing and signature and that the said sig-

nature to said Will was the true and genuine signature of said

Thomas (T. W.) Powell deceased, Which testimony was reduced to

writing by them respectively subscribed and filed with said Will.

Whereupon the Court finds that the aforesaid instrument of writ-

ing is the several last Will and Testament of said Lydia Jones de:

ceased, and that said Will ought to be admitted to probate, as her last

Will and Testament as to her separate Property, and as to all the prem:

ises thereof relating to her separate Property and which are the expressions

of her separate mind and will concerning her said separate Property









Delaware County Ohio Will Records Vol. 9 1890-1893 (549)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (549)

Description

[corresponds to page 520 of Delaware County

Ohio Will Records Vol 9 1890-93]

Lydia Jones' Will

therein referred to or disposed of, that the same was duly executed and attested

and that the said Testatrix, Lydia Jones, at the time of making, signing and

sealing the same, 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, as

the Will of said Lydia Jones aforesaid, but not the Will of her husband John

H. Jones who is still in full life - nor of them jointly-be admitted to Probate,

and that the same, together with the testimony of witnesses above named be

entered of record in this Court.

N. F. Overturf

Probate Judge


Will

In the name of God Amen.

The last will and testament of John H. Jones and of his wife Lydia Jones

both of Delaware Ohio, to stand as their joint and several will and testa

ment, and the final disposition of all their earthly property after their sev-

eral deaths. That is to say, said Lydia has a mortgage in her name for six

thousand dollars and interest against Griffith Morris secured on land on

Paddy's Run in Ross Township in Butler County Ohio. The said Lyd-

ia has also a house and lot in the said Town of Delaware in Liberty Street

conveyed to her by Robert N. Jones and wife by deed, recorded April 13" 1864

in the records of Delaware County in Book 50 page 204. And the said John

H. Jones is the owner of another house in Liberty Street, conveyed to him by

Raymond Burr and wife, by deed recorded in the records of Delaware coun-

ty March 12th 1864 in Book 50. page 89 & 90.

And now it is their several will and desire and their last bequest as follows, to wit

1st That the money received and to be received from the said six thousand

dollars morgage, or whatever may remain thereof at the death of said Lyd-

ia be invested upon the best terms, in the United States bonds, and the

interest annually paid thereon be paid to said John H. Jones my beloved

husband during his life, and the residue of the said Mortgage money after

the death of my husband, I give, will and bequeath to be paid to the For:

eign Missions Society of the Congregation denomination in Boston of

which Rev Langdon S. Ward has been the Secretary

2nd The two houses are willed and devised to go to the survivor of us during his

or her natural life; and then after the death of such survivor we and each of us

of us severally, will, bequeath and devise the said houses and all the rest

of our property, and residue of any property that may be left to the Ameri:

can Bible Society established at New York City.

Witness our hands and seals this 24th day of February A.D. 1873

John H. Jones seal

Lydia Jones seal

Signed sealed and declared by the said John H Jones and Lydia Jones

as their several wills and testaments, and we at their request, in their

presence and the presence of each other have signed our names hereto as

witnesses.

T. W. Powell

Helena Powell
























interest annually paid therein be paid to said John H. Jones my belived
Delaware County Ohio Will Records Vol. 9 1890-1893 (550)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (550)

Description

[corresponds to page 521 of Delaware County Ohio

Will Records Vol 9 1890-93]

521

Emma S. Johnson's Will Filed Oct.18/92

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

Emma S. Johnson. deceased. ]

To the Hon N. F. Overturf. Judge of

the Probate Court in and for said County:

Your petition respectfully represents that

Emma S Johnson late a resident of the Township of Thompson

in said County, died on or about the 12'' day of Oct A. D. 1892-

leaving an instrument in writing, hereto attached, purporting to be her

last Will and Testament; That the said Emma S. Johnson died

leaving James C. Johnson widower and the following named persons

her only next of kin resident of the State of Ohio.

Name

Frank Behrens

Ella Northrup

Degree of Kinship

Brother

Sister

Address

Prospect, 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 accord:

ing to law of the pending of said proceedings.

James C. Johnson

The foregoing application was signed in my presence and sworn to before

me, this 18" day of Oct. A. D. 1892

N. F. Overturf

Probate Judge

Waiver of Notice

We, the undersigned widower and next of kin of the within named de:

cedent hereby waive further notice to the probate of said Will

Dated this 18 day of Oct A D 1892.

James D. Johnson

Frank Behrens

Ella A. Northrup



Probate of Will Filed Oct 18/92

The State of Ohio } Probate Court

Delaware County .ss. }

Personally offered in open Court F. E. Howald

and J. W. Statter the subscribing witness to the last Will and Tes-

tament of Emma S. Johnson 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 re:

lation to the execution of said Will, depose and say: That the pa:

per before them bearing date the 6" day of October. A.D. 1892 pur:























Delaware County Ohio Will Records Vol. 9 1890-1893 (551)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (551)

Description

[corresponds to page 522 of Delaware County Ohio

Will Records Vol 9 1890-93]

522

Emma S. Johnson's Will

porting to be the last Will and Testament of Emma S. Johnson now

deceased, is the Will of said deceased, Emma S. Johnson. that they

were present at the execution of said Will, and at the request of the Tes:

tatrix, respectively subscribed their names to the same as witnesses, in

her presence; that they saw the said Emma S. Johnson deceased, sign

and seal said Will, and heard her acknowledge the same to be her last

Will and Testament, and that the said Emma S. 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.

F. E. Howald M. D.

J W. Statter

Sworn to and subscribed by said witnesses in open Court this 18" day

of Oct A. D. 1892.

N. F. Overturf

Probate Judge

Journal Entry

October 18" 1892.

In the Matter of the Will }

of Emma S. Johnson deceased } This day an instrument of writing purport.

ing to be the last Will and Testament

of Emma S. Johnson late of Thompson Township 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 it

now being shown to the satisfaction of the court that James C. John-

son widower of said decedent. Frank Behrens and Ellen Northrup

next of kin being waved further notice to the probating of said Will,

and in this day came F. E. Howald M. D. and J. M. Statter 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 Emma

S. Johnson deceased That the same was duly executed and attest

ed, 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 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 therein, be entered of record in this Court.

N. F. Overturf

Probate Judge



















Delaware County Ohio Will Records Vol. 9 1890-1893 (552)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (552)

Description

[corresponds to page 523 of Delaware County

Ohio Will Records Vol 9, 1890-93]

523

Emma S. Johnson's Will

Will

In the name of the Benevolent Father of All I Emma S.

Johnson of Thompson Tp. Delaware County Ohio do make and pub:

lish this my last will and Testament.

I give and devise to my beloved husband James D. Johnson the

farm in which we now reside Situated in Thompson Tp. Dela:

ware County Ohio commonly known as the John Beherns farm

and all the Stock, household goods furniture provisions and other

goods and chattles every thing which may be thereon or elsewhere at

the time of my decease be selling as much thereon or elsewhere to pay all my

just debts and my said husband is to give my mother Frank Beherns

Two Hundred Dollars Eighteen months after my decease

I do hereby revoke all former wills by me made.

In Testimony here of I have hereunto set my hand and seal this

6" day of October 1892.

Emma S. Johnson (Seal)

Signed and acknowledge by and Emma S. Johnson as her last

will and testament in our presence and signed by us in her pre:

sence.

F. E. Howald M.D.

J. W. Statter.



















Delaware County Ohio Will Records Vol. 9 1890-1893 (553)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (553)

Description

[page 524]

[corresponds to page 524 of Delaware County Ohio Will Records Vol. 9 1890-93]

Charles M. Criste 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

Charles M Griste deceased ]

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County

Your petitioner respectfully represents that

Charles M. Griste late in resent of the Township of

Probate Court in and for said County:

Your petitioner respectfully represents that

Charles M. Griste late a resident of the township of Berkshire in

said County, died in or about the 29" day of October. A. D. 1892 leaving

an instrument in writing, hereto attached, purporting to be his last Will

and Testament; That the said Charles M. Griste died leaving no widow

and the offering named persons his only next of kin resident of the State

of Ohio

Name Degree of Kinship P. O. Address

Alida E. Roberts Half-sister Sunbury Ohio

Junia Barcus " " " "

Edward A. Grist Half brother " "

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

O. H. Kimball

The forgoing application was signed in my presence and sworn to

before me, this 9 day of November. A. D. 1892

N. F. Overturf

Probate Judge

Waiver of Notice

We, the undersigned next of kin of the within named decedent here:

by waive further notice to the probate of said Will.

Dated this 9th day of Nov. A. D. 1892

E. A. Grist

Junia C. Barcus

Alida E. Roberts


Probate of Will

The State of Ohio } In Probate Court

Delaware County .s.s. }

Personally appeared in open Court Leroy Perfect

and B. Paul the subscribing witnesses to the last Will and Testament

of Charles M. Griste 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








































Delaware County Ohio Will Records Vol. 9 1890-1893 (554)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (554)

Description

[corresponds to page 525 of Delaware County Ohio Will Records Vol 9 1890-93]

Charles M. Griste Will

execution of said Will, depose and say: That the paper before them

bearing date the 7" day of May. A.D. 1892. purporting to be the

last Will and Testament of Charles W. Grist now deceased, is

the Will of said deceased Charles M. Griste- that they were present

at the execution of said Will, and at the request of the Testator, re

respectively subscribed their names to the same as witnesses in his pres:

ence, that they saw the said Charles M. Griste deceased sign and

seal said Will and head him acknowledge the same to be his last

Will and Testament and that the said Charles M. Griste 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 Perfect

B Paul

Sworn to and subscribed by said witnesses, in open Court this 9"

day of November A. D. 1892.

N. F. Overturf

Probate Judge

Journal Entry

November 9th 1892

In the Matter of the Will }

of Charles M. Griste, deceased } This day an instrument of writing,

purporting to be the last Will and

Testament of Charles M. Griste, late of Berkshire Township in

this County, deceased was produced in oped Court for Probate. On

consideration where of it is ordered that the said Will be filed in

this court. And therefore came Edward A. Griste, Junia Bar:

cus and Alida E. Roberts the only next of kin of said Charles M.

Griste, resident of the State of Ohio. and in writing, waived further

notice to the probate of said Will. And thereupon came Leroy

Perfect and B Paul 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 Charles M. Griste 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 re:

straint. 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

therein be entered of record in this Court.

N. F. Overturf

Probate Judge.





























































Delaware County Ohio Will Records Vol. 9 1890-1893 (555)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (555)

Description

[corresponds to page 526 of Delaware County

Ohio Will Records Vol 9 1890-93]

526

Charles M. Griste Will

In the name of the Benevolent Father of All- I Charles M.

Griste do make and publish this my last will and testament.

I direct that all my property both personal and real owned by me at

the time of my decease shall be sold and converted into money at a

private or public sale by my Executor.

I direct that all my just debts be paid with all convenient speed.

Item 1st I give and bequeath to my beloved brother Edward A. Griste

Three Hundred and Fifty Dollars.

Item 2nd I give and bequeath to my friend C. C. Brooks One Hun

dred and Fifty Dollars.

Item 3rd I give and bequeath to my beloved sisters Elida Roberts and

Junia Barcus all the residue and remainder of my estate money

and property that is or may be left after paying all my just debts

and the bequests above named in Items 1st and 2nd share and share

alike.

Item 4th I hereby nominate and appoint O. H. Kimball executor

of this my last will and testament.

I hereby revoke all former wills by me made.

In testimony here of I have hereunto set my hand and seal this

7th day of May. A.D. 1892.

Charles M. Griste Seal

Signed and acknowledged by said Charles M Griste as his last

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

Leroy Perfect

B Paul







































Delaware County Ohio Will Records Vol. 9 1890-1893 (556)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (556)

Description

[corresponds to page 527 of Delaware County

Ohio Will Records Vol 9 1890-93]

Mathias Kruck's Will

Application for Probate of Will

The State of Ohio } In Probate Court Filed Nov. 10/92

Delaware County .ss }

In the Matter of the Last }

Will and Testament of Ma: } Application to Admit to Probate

thias Kruck deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County.

Your petitioner respectfully represents that

Mathias Kruck late a resident of the Township of Delaware in said coun

ty died on or about the 4" day of November. A.D. 1892 leaving an instru-

ment in writing hereto attached purporting to be his last Will and Tes:

tament; That the said Mathias Kruck 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

Jacob Kruck Son Birmingham. Ala.

Harriett C. Wagner Daughter Delaware Ohio

Eliza Courter " " "

Alice Dengler Grand child " "

Lilian Dengler " " "

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.

William Edward Kruck

The foregoing application was signed in my presence and sworn to be

fore me this 9th day of November A. D. 1892.

N. F. Overturf

Probate Judge

Seal

Waiver of Notice

We the undersigned next of kin of the within named decedent

hereby waive further notice to the probate of said Will

dated this 9th day of November A.D. 1892.

Jacob Kruck

Alice Dengler

Lilian Dengler

Harriet C. Wagner

Eliza Courter


Probate of Will Filed Nov 10/92



The State of Ohio } In Probate Court

Delaware County. ss. }

Personally appeared in open Court George

W. Michael and E. F. Poppleton the subscribing witnesses to the


Delaware County Ohio Will Records Vol. 9 1890-1893 (557)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (557)

Description

[corresponds to page 528 of Delaware County

Ohio Will Records Vol 9 1890-93]

528

Mathias Kruck's Will

last Will and Testament of Matthias Kruck, 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 27" day of July A.D.1891 pur:

porting to be the last Will and Testament of Mathias Kruck now

deceased, is the Will of said deceased Mathias Kruck 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 Kruck deceased,

in his presence, that they saw the said Mathias Kruck deceased,

sign and seal said Will, and heard him acknowledge the same to be

his last Will and Testament and that the said Mathias Kruck

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 W. Michael

E. F. Poppleton

Sworn to and subscribed by said witnesses in open Court, this 10" day

of November. A. D. 1892.

N. F. Overturf

Probate Judge



Journal Entry

November 10th 1892.

In the Matter of the Will }

of Mathias Kruck deceased } This day, an instrument of writing,

purporting to be the last Will and

Testament of Mathias Kruck 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 Jacob Kruck, Harriet Wagner

Eliza Courter Alice Dengler- Lilian Dengler -the only next

of kin of said Testator, resident of the State of Ohio. and in writing

waived further notice to the probate of said Will. And thereupon

came George W. Michael and E. F. Poppleton 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 Mathias

Kruck 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 proceeding had there in, be entered of record in

this Court.

N. F. Overturf Probate Judge.




























Delaware County Ohio Will Records Vol. 9 1890-1893 (558)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (558)

Description

[corresponds to page 529 of Delaware County

Ohio Will Records Vol 9 1890-93]

529

Mathias Kruck's Will

Will

In the name of the Benevolent Father of All, I Mathias Kruck

being of sound and disposing mind and memory do make and pub:

lish this my last Will and Testament.

Item 1st I will and direct that all of my just debts be first paid out of

my Estate together with the necessary expense of erecting a suita:

ble Monument to the memory of myself and deceased wife.

Item 2d I will and devise all the residue of my estate of every kind, real &

personal to Jacob Kruck, one Fourth part, (to be equally

divided between them)- to Eliza Courter, one Fourth part- and

to Harriet C. Wagner one Fourth part : my intention- purpose and

will is that my said four children shall each share alike in my

estate. I have provided for my maintenance and support so long

as I live, and there will be no claim that is just made for the

same by my daughter Eliza or anyone claiming under or through

her, that is not evidenced by my signature.

Item 3d I do hereby nominate and appoint William Edward Kruck

(my Grand-son) Executor of this my last will and testament.

Item 4 I do hereby revoke all former wills by me made and do de:

clair this alone to be my Last Will and Testament

In Witness where of I have hereunto set my hand and seal

this 27th day of July. A.D.1891
Mathias Kruck (seal)

Signed by the said Mathias Kruck in our presence and

signed by us in his presence of each

other and at his request as witnesses to this his Will this

27th day of July. A.D. 1891.
George W Michael
E. F. Poppleton



















Delaware County Ohio Will Records Vol. 9 1890-1893 (559)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (559)

Description

[corresponds to page 530 of Delaware County

Ohio Will Records Vol 9 1890-93]

Ann Parmer's Will

Journal Entry

November. 11" 1892.

In the Matter of the Will }

of Ann Parmer deceased } This day an instrument of writing, purporting

to be the last Will and Testament of Ann

Parmer. late of Trenton 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 John Thomas, of Trenton Missouri.

and Cornelia K Crowl and Minnie Biggs of Knox County, Ohio next

of kin of said Testator having in writing, waived further notice to the pro:

bate of said Will, it is ordered that Notice be given to Joanna Lazell-

the only other next of kin resident of the State of Ohio- that said applica

tion will be for hearing before this Court on the 15th day of November A.

D. 1892 at. 9 o'clock A.M.

N. J. Overturf

Probate Judge.


Application for Probate of Will Filed Nov 11|92

the State of Ohio }

Delaware County .ss. }

In the Matter of the Last }

Will and Testament } Application to Admit to Probate

Anna Parmer deceased }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Anna Parmer late a resident of the Township of Trenton in said County.

died on or about the 27th day of October A.D. 1892. leaving an instrument in

writing, hereto attached purporting to be her last Will and Testament; That

the said Anna Parmer died leaving no 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

John Thomas Son Trenton M. Box 10 Grendy Co

David E. Thomas Son Kingfisher Okl Ind Ter

Joan Lazell Daughter Columbus Ohio No 184 East
Long St.

Jennie Grifith Daughter Bancroft. Box 23 Dairs C. On.

Cornelia K Crowl Daughter Centerburg Knox C. Ohio

Minnie Biggs Grand daughter " " " "

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. G. Meridith



The foregoing application was signed in my presence and sworn to before me

this 11th day of November A. D. 1892.

N. F. Overturf

Probate Judge.






































Delaware County Ohio Will Records Vol. 9 1890-1893 (560)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (560)

Description

[corresponds to page 531 of Delaware County

Ohio Will Records Vol 9 1890-93]

Ann Parmer's Will

Waiver of Notice

We, the undersigned next of kin of the within named decedent, hereby waive

further notice to the probate of said Will.

Dated this 10th day of November A. D. 1892.

John Thomas

Cornelia K. Crowl

her
Minnie X Biggs
mark

Notice

The State of Ohio } In Probate Court

Delaware County .ss }

In the matter of the last Will and testament of Ann

Parmer deceased

To A.J. Mendith:

You are commanded to notify Joanna Lazell

that in the 11" day of Nov. A.D. 1892 an instrument of writing purporting

to be the last Will and Testament of Ann Parmer late of Trenton Town:

ship, in said 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 15 day

of November. A.D. 1892 at 9 o'clock A. M.

Witness, my hand and the seal of said Probate Court, at Del.

aware Ohio this 11 day of November. A.D. 1892.

N. F. Overturf

Probate Judge

Seal

I, the undersigned person within named, hereby acknowledge service of

the within notice this 12 day of Nov. A.D. 1892.

Joanna V. J. Lazell

Journal Entry

November 15th 1892.

In the Matter of the Will }

of Ann Parmer Deceased }

Be it remembered that heretofore, to wit

on the 11th day of November, A. D. 1892 an instrument of writing pur

porting to be the last Will and Testament of Ann Palmer 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 Joanna Lazell, all of the other next of

kin, resident of the State of Ohio having waived notice. And it

now appearing to the Court that A. J. Wright and E. C. Wright the

subscribing witness to said Will are residents of Knox County

Ohio and are without the jurisdiction of this court, it is therefore

ordered that a Commission with the will annexed, issue herein to

B. M. Critchfield of Knox County Ohio directing him to take



































Delaware County Ohio Will Records Vol. 9 1890-1893 (561)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (561)

Description

{corresponds to page 532 of Delaware County

Ohio Will Records Vol 9 1890-93]

Ann Parmers Will

the depositions of said subscribing witnesses, and return the same duly cer:

tified with all convenient speed, to this court.

N. F. Overturf

Probate Judge

Commission to take Testimony of Witnesses To Will

The State of Ohio } J. B. M. Critchfield Greeting:

Delaware Count .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 A. J. Wright and C. E Wright

subscribing witnesses to the last Will and Testament of Ann Parmer 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. Wright and C. E. Wright to be brought before you, and then

and there to examine them in oath or affirmation first taken before you, touching

the due execution of said Will of the said Ann Parmer and that you re:

duce such examination to writing and return the same together with this

Commission and the Will of the said Ann Parmer thereto annexed,

closed up under your seal, into our said Probate Court, with all convenient

speed.

In Testimony Where of, I, N.J. Overturf, Judge of the said Court

have hereunto set my hand and affixed the seal of said Court at Delaware. Ohio. this 15" day of November. A.D. 1892.

N.J. Overturf
Probate Judge
[Seal]


Will

In the name of the Benevolent Father of all, I Ann Parmer, of the

County of Delaware Township of Trenton and State of Ohio. Being of

sound mind and memory, and knowing the uncertainty of life, and the certain:

ty of death, do make, publish, and declare this to be my last wills and

testaments made by me. My will is first, that my funeral charges, and

just debts shall be paid out of my estate, by my executor herein after named.

Item 2" I hold a note against James Biggs at this time for one hundred ($100.)

dollars and a note against John Crowl and wife for five hundred and

thirty ($530) dollars, and have at this time, one hundred ($100.) dollars in

the Sunbury Bank, and have one hundred ($100.) in my in

possession, on this date.

Item 3" I give and bequeath all the residue of my estate after paying my just

debts, to my beloved children, to be equally divided between them, which are as

follows. Joanna Lazell. Jennie Griffith. John Thomas. David Thomas.

Lizzie Biggs heirs and Katie Crowl.

4" I do nominate and appoint A. J. Meridith to be the sole executor of

this my last will and testament

In testimony whereof I the said Ann Parmer have caused my name

to be subscribed and affixed my seal, this 18" day of September A.D.















Delaware County Ohio Will Records Vol. 9 1890-1893 (562)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (562)

Description

[corresponds to page 533 of Delaware County

Ohio Will Records Vol 9 1890-93]

533

1889.

Ann Parmer's Will

Signed, sealed and declared by the said Ann Parmer to be her last will

and testament, in presence of us, who at her request, and in her presence

have subscribed our names as witnesses, hereto in the presence of each

other.

A. J. Wright

E. C. Wright

Deposition of Witnesses to Will Filed Nov.21/92

The State of Ohio }

Knox County .ss. } Deposition of A. J. Wright and E. C. Wright

subscribing witnesses to the last Will and Tes

tament of Ann Parmer deceased late of the County of Delaware State

of Ohio in the matter of said Will pending in the Probate Court of

said County, taken before me, a Commissioner appointed by said Court,

pursuant to the annexed Commission, on the 18" day of Nov. 1892 at

Mt Vernon Ohio. A. J. Wright and E. C. Wright of lawful age being

by me first duly sworn as herein after certified depose and say that they

were present at the execution of the paper before them leaving date the 18"

day of September A. D. 1889 purporting to be the last Will and Tes

tament of Ann Parmer now deceased, whose name is signed at the

end there of and at the request of said deceased, subscribed their names

to the same as witnesses in her presence, that they saw the said Ann

Parmer sign and seal said Will, and heard her acknowledge the same

to be her last Will and Testament, and that the said Ann Parmer

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. J. Wright

E. C. Wright

The State of Ohio }

Knox County .ss. } I, B. M. Critchfield duly appointed and commis:

sioned by the Probate Court of the County of Del

aware and the State of Ohio, to take the deposition of A. J. Wright

and E. C. Wright subscribing witnesses to the last Will and Testa

ment of Ann Parmer deceased late of Delaware County. State of

Ohio which Commission and the said Will are hereto annexed do

hereby certify that in pursuance of said Commission I caused the

above named A. J. Wright and E. C. Wright subscribing witnesses as

aforesaid to appear before me at the time and place above mentioned that

they were by me first duly sworn to testify the truth, the whole truth

and nothing but the truth, in relation to the execution of said Will, and

that the deposition by them respectively subscribed as above set forth, was

reduced to writing by me and, also, as written in the presence of the wit:

nesses aforementioned respectively and were subscribed by the said witness:

es in my presence, and I further certify that I am not Counsel ,









































Delaware County Ohio Will Records Vol. 9 1890-1893 (563)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (563)

Description

[corresponds to page 534 of Delaware County

Ohio Will Records Vol 9 1890-93]

Ann Parmer's Will

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 18 day

of Nov. A. D. 1892.

B. M. Critchfield

Commisioner.

Journal Entry

November 21st 1892.

In the matter of the Will }

of Ann Parmer deceased } The Commission heretofore issued herein

to take the depositions of A. J. Wright

and E. C. Wright the subscribing witnesses to the last Will and Testa

ment of Ann Parmer late of Trenton Township in this County de

ceased was this day returned duly executed and the same was filed

herein. Whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Ann Parmer, deceas:

ed. 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 depositions of the wit:

nesses as taken, as well as the proceedings had thereon be entered

of record in this Court.

N. F. Overturf

Probate Judge























Delaware County Ohio Will Records Vol. 9 1890-1893 (564)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (564)

Description

[corresponds to page 535 of Delaware County Ohio Will Records Vol 9 1890-93]

Wirts Atkinsons Will

Journal Entry

October 5 1892

In the Matter of Will }

of Wirts Atkinson dec'd } This day, an instrument of writing, purport.

ing to be the last Will and Testament of

Wirts Atkinson late of Delaware Township 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 no:

tice there of, and of the application to admit the same to probate and record,

be given to Rebecca Atkinson his widow, and James Atkinson, son:

and Joseph Crathers, grandson and legatee- Mrs Elizabeth Davis -

Mrs Rebecca Johnson -Hattie Atkinson - Ethel Atkinson - Emma At-

kinson and Edward Atkinson next of kin of the Testator, resident of the

State of Ohio that said application will be for hearing before this Court

on the 25" day of October A D 1892. at 9 o'clock A. M.

N. F. Overturf

Probate Judge.

Application for Probate of Will Filed Oct 5/92

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

In the Matter of the Last }
Will and Testament of }
Wirts Atkins on 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 Wirts Atkinson late a resident of the Township of Delaware in

said County died on or about the 14" day of Sept A. D. 1892 leaving an

instrument in writing hereto attached, purporting to be his last Will

and Testament; That the said Wirts Atkinson died leaving Rebecca

Atkinson widow and the following named persons his only next of

kin resident of the State of Ohio.

Name Degree of Kinship P. O. Address

James C Atkinson Son Delaware O.

Joseph H. Crathers Grand son Delaware Ohio

Mrs. Elizabeth Davis Grand-daughter Paulding-Paulding C. Ohio

Hattie Atkinson Grand-daughter " " "

Ethel Atkinson " " " " "

Emma F. Atkinson " " " " "

Edward Atkinson " " " " " Edward Atkinson 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

James R. Lytle
Delaware County Ohio Will Records Vol. 9 1890-1893 (565)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (565)

Description

[corresponds to page 536 of Delaware County

Ohio Will Records Vol 9 1890-93]

536

Wirts Atkinson's Will

The forgoing application was signed in my presence and sworn to

before me this 5" day of October A. D. 1892.

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 Wirts Atkinson deceased.

To James R. Lytle:

You are commanded to notify James

Atkinson -Joseph Crathers- Elizabeth Davis- Rebecca Johnson-

Hattie Atkinson-Ethel Atkinson - Emma Atkinson and Ed:

ward Atkinson and Rebeca Atkinson- widow. that in the 5" day of

Oct A. D. 1892. an instrument of writing, purporting to be the last

Will and Testament of Wirts Atkinson late of Delaware Township

in said 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

25" day of October A. D. 1892. at 9 o'clock A. M.

Witness my hand and the seal of said Probate Court, at

Delaware, Ohio, this 5" day of October. A. D. 1892.

N. F. Overturf

Probate Judge

Seal

Return Filed Nov. 26|-92

The State of Ohio }

Delaware County .ss. ] James R. Lytle being duly sworn, 2 days that

in the 18th & 25th days of October. A. D. 1892.

be served the within notice by delivering a true copy thereof to the with:

in named Rebecca Atkinson. widow - James C. Atkinson -Joseph

H. Crethers - Elizabeth Davis - Rebecca Johnson - Hattie Atkinson-

Ethel Atkinson - Emma F. Atkinson and Edward Atkinson,

James R. Lytle

Subscribed in my presence and sworn to before me this 26" day of

November. A. D. 1892.

N. F. Overturf

Probate Judge.

Journal Entry

October. 25" 1892.

In the Matter of the Will }

of Wirts Atkinson deceased } Be it remembered that heretofore -to-

wit: in the 5" day of October. A. D.

1892. an instrument of writing purporting to be the last Will and

Testament of Wirts Atkinson late of Delaware Township in

this County, deceased, was produced in open Court for probate, and

was then filed and it now appearing to the Court that all the next















Delaware County Ohio Will Records Vol. 9 1890-1893 (566)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (566)

Description

[corresponds to page 566 of Delaware County Ohio Will

records Vol 9 1890-93]

Wirts Atkinson's 537

of kin of the Testatrix, resident of the State of Ohio, having failed to re-

ceive due notice of the filing of said Will, and of the application to admit

the same to probate and record in this court, this cause is continued to

the 26" day of November. A. D. 1892 at 2 o'clock P. M.

N. F. Overturf

Probate Judge.


Probate of Will Filed Nov 26/92

The State of Ohio } In Probate Court

Delaware County .ss. }

Personally appeared in open Court Emma

Hughs and Eulalia Oldham the subscribing witnesses to the last

Will and Testament of Wirts Atkinson late of Delaware Town:

ship 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 pa:

per before them hearing date the 20" day of April. A. D. 1888 - purport:

ing to be the last Will and Testament of Wirts Atkinson now de:

ceased is the Will of said deceased Wirts Atkinson- that they were

present at the execution 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 Wirts Atkinson deceased sign

and seal said Will, and heard him acknowledge the same to be his

last Will and Testament, and that the said Wirts Atkinson at

the time of making, signing and sealing said Will, was of full age,

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

Emma Hughs

Eulalia Oldham

Sworn to and subscribed by said witnesses, in open Court, this 26th

day of Nov. A. D. 1892.

N. F. Overturf

Probate Judge

Seal

Journal Entry

November. 26" 1892.

In the Matter of the Will }

of Wirts Atkinson deceased } This day this matter coming on to be

heard, and it being shown upon satis:

factory proof to 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, on the 18" and 25" days of October. 1892 -given to

Rebecca Atkinson - widow and James C. Atkinson - Joseph H. Creth:

ers. Elizabeth Davis - Rebecca Johnson . Hattie Atkinson - Ethel

Atkinson - Emma F. Atkinson -and Edward Atkinson the only next

of kin of said Testator, resident of the State of Ohio- pursuant to a

former order of this Court. And now comes Emma Hughs and Eu:

lalia Oldham 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






















Delaware County Ohio Will Records Vol. 9 1890-1893 (567)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (567)

Description

{corresponds to page 538 of Delaware County

Ohio Will Records Vol 9 1890-93]

538 Wirts Atkinson's Will

and filed with said Will, whereupon the Court finds that the afore:

said instrument of writing is the last Will and Testament of said

Wirts Atkinson, deceased. That the same was duly executed and at:

tested and that the said Testator, at the time of making, signing and

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

testimony of the witnesses above named, as well as the proceedings had

therein, be entered of record in this Court.

And a Citation is ordered and issued to Rebecca Atkinson, widow

of said decedent to elect as to said Will, as required by law.

N. F. Overturf

Probate Judge

Will

In the Name of the Benevolent Father of All, I, Wirts At:

kinson of Delaware, Delaware County - Ohio- do make and publish

this my last Will and Testament.

Item 1st I desire that all my just debts, charges and funeral expenses in:

cluding a plain monument, be first paid out of my estate.

Item 2nd I give and bequeath to my beloved wife Rebecca Atkinson, all my

Books - House-hold and Kitchen Furnature

Item 3rd I give and bequeath to my said wife Three hundred Dollars, in

money to be first paid out of my estate after the payment of my debts as

aforesaid.

Item 4th I give and bequeath to my said wife the use of our Homestead in which

we now live Situate in the City of Delaware, County of Delaware

and State of Ohio with all the appurtenances thereunto belonging, during

her natural life.

Item 5th I give and bequeath to my said wife the use, income and interest

from all monies notes & mortgages, accounts or claims due me at the

time of my decease during her natural life. and should it be neces:

sary for her support or. comfort. it is my will and desire that she shall

have my entire estate both personal and real for her support and com:

fort absolutely and in fee simple.

Item 6th At the decease of my said wife, should there remain any portion of

my said estate ,either real or personal unexpended for her support and

comfort as aforesaid, I give and bequeath the same to my son James

Atkinson, to be paid to him by my Executor ( whom I hereby appoint as

trustee for that purpose) as hereinafter provided.

Item 7 It is my will and desire that my executor hereinafter named,

and whom I desire shall act as trustee for my said son James

Ackinson, shall invest at the decease of my said wife whatever may

remain of my said estate, in good securities for the benefit of my said

son James, and to pay to him the income and interest thereof and

as much of the principal as he may need from time to time for his sup:

port.

Item 8 Should my said son James, marry, it is my will and desire that

at the decease of my said wife or at the time of his marriage after































Delaware County Ohio Will Records Vol. 9 1890-1893 (568)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (568)

Description

[corresponds to page 539 of Delaware County Ohio Will Records Vol 9 1890-93]

Wirts Atkinson's Will 539

her death, that my said Executor pay over to him my entire estate yet,

remaining, and in the event of his death prior to my decease then at the

decease of my said wife, That my said executor shall pay my said sons

share of my said estate, equally, to my two grand children - William Lundy

and Joseph Crathers, And in the event of his death without children I

give and bequeath to my said grand sons the portion of my said estate that

he would get should he be living at the time of my decease and the decease

of my said wife.

Item 9th I have paid to my son John Atkinson what I regard as his full

proportion of my estate and I therefore make no provision for him in the

distribution of my estate.

Item 10th I hereby nominate and appoint James R. Lytle Executor of this

my last Will & Testament and Trustee for my son James At.

kins, and I hereby authorize and empower my said executor to compro:

mise, adjust release and discharge in such manner as he may deem

proper the debts and claims due me. I also authorize my said executor

to sell at private sale or in such manner as he may think proper all

my real estate after the decease of my said wife or during her life time

should he deem it for her best interest or the interest of my said estate

and deeds to purchasers to execute acknowledge and deliver in fee simple

I desire that no sale of my personal property be made and that the

probate Court 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 20th

day of April A. D. 1888.

Wirts Atkinson (Seal) (Seal)

Signed and acknowledged by Wirts Atkinson as his last Will

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

at his special instance and request.

Emma Hughs

Eulalia Oldham
Delaware County Ohio Will Records Vol. 9 1890-1893 (569)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (569)

Description

[corresponds to page 540 of Delaware County

Ohio Will Records Vol 9 1890-93]

540

Susan Thompson's Will

Journal Entry

November 15" 1892

In the Matter of the Will of }

Susan Thompson deceased. } This day an instrument of writing, purport:

ing to be the last Will and Testament of

Susan Thompson , late of Berkshire Township in this County - deceased,

was produced in open Court for Probate; On consideration whereof, it is or:

dered that the said Will be filed in this Court, and Deborah Pierce

one of the next of kin of said Testator, having in writing waived further notice

to the probate of said Will, it is ordered that notice of said filing, and of

the application to admit this same to probate and record be given to Sophia

Freeman - John H. Thompson- Ellen McNeely and Stephen Thompson

other next of kin of said Testator, resident of the State of Ohio that said

application will be for hearing before this Court in the 21st day of November-

A. D. 1892 at 9 o'clock A.M.

N. F. Oveerturf

Probatge Judge.

Application for Probate of Will Filed Nov 15/92

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

Susan Thompson deceased }

To the Hon N. F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Susan Thompson late a resident of the Township of Berkshire in said

County ,died on or about the 24 day of October A. D. 1892 . leaving an

instrument in writing, hereto attached, purporting to be her last Will

and Testament; That the said Susan Thompson died leaving no wid:

ower and the following named persons her only next of kin resident of

the State of Ohio:

Name Degree of Kinship P.O. Address

Sophia Freeman Daughter Africa O.

Deborah Pierce " Hartsburgh "

John H. Thompson Son Africa "

Ellen McNeely Daughter Plain City "

Stephen Thompson Son Galena "

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.

H. B. Pierce

The foregoing application was signed in my presence and sworn to before

me, this 14 day of November. A. D. 1892.

Samuel Bretz. Justice of the Peace.

Monroe Twp. Putnam County. Ohio.





























Delaware County Ohio Will Records Vol. 9 1890-1893 (570)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (570)

Description

[corresponds to page 541 of Delaware County
Ohio Will Records Vol 9 1890-93]

541

Susan Thompson's Will

I the undersigned next of kin of the within named decedent, hereby waive

further notice to the probate of said Will.

Dated this 14th day of November A. D. 1892.

Deborah Pierce.

Notice

The State of Ohio } In Probate Court Filed Nov. 18|92

Delaware County S S. }

In the matter of the last Will and Testament

of Susan Thompson deceased.

To Ellen McNeely

You are notified that on the

15" day of Nov. A.D. 1892. an instrument of writing, purporting to be

the last Will and Testament of Susan Thompson 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 21" day of Nov. A.D. 1892 at 9 o'clock A. M.

Witness my hand and the seal of said Probate Court at Dela.

ware Ohio this 15 day of Nov. A. D. 1892.

N. F. Overturf

Probate Judge.

Seal

I, the undersigned person within named, hereby acknowledge service

of the within notice this 18th day of Nov. A. D. 1892.

Ellen McNeely.

Notice Filed Nov 21|92

The State of Ohio ] In Probate Court

Delaware County .ss. }

In the matter of the last Will and Testament

of Susan Thompson deceased.

To Sophia Freeman

You are notified that in the

15" day of Nov. A.D. 1892. an instrument of writing, purporting to be the

last Will and Testament of Susan Thompson 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 21" day of Nov. A.D. 1892. at 9 o'clock A. M.

Witness my hand and the seal of seal of said Probate Court, at Delaware

Ohio this 15" day of November A. D. 1892.

N. F. Overturf

Probate Judge

Seal

I, the undersigned person within named, hereby acknowledge service of

the within notice this 17" day of Nov. A. D. 1892.

Sophia Freeman.























Delaware County Ohio Will Records Vol. 9 1890-1893 (571)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (571)

Description

[corresponds to page 542 of Delaware County

Ohio Will Records Vol 9 1890-93]

542

Susan Thompson's Will

Notice

The State of Ohio } In Probate Court

Delaware County .ss. }

In the matter of the last Will and Testament

of Susan Thompson, deceased.

To John H. Thompson:

You are notified that in the

15" day of Nov. A.D. 1892. an instrument of writing, purporting to be

the last Will and Testament of Susan Thompson late of Berkshire

Township in said County, deceased, was produced in said Court, and

an application to admit the same to probate was in the same day made

in said Court. Said application will be for hearing before this Court

in the 21" day of Nov. A. D. 1892 at 9 o'clock A. M.

Witness my hand and the seal of said Probate Court, at Dela:

ware Ohio this 15 day of Nov. A. D. 1892.

N. F. Overturf

Probate Judge

Seal

I, the undersigned person within named hereby acknowledge service of

the within notice this 17 day of Nov. A. D. 1892.

John H. Thompson

Journal Entry

November 21st 1892.

In the Matter of the Will }

of Susan Thompson deceased } Be it remembered that heretofore, to wit

on the 15th day of November A. D. 1892

an instrument of writing, purporting to be the last Will and Testament

of Susan Thompson late of Berkshire 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 pro:

bate and record in this Court has been given to Sophia Freeman. De:

borah Pierce, John H. Thompson, Ellen McNeely next of kin of the

Testatrix, resident of the State of Ohio pursuant to a former order of this

Court; and the Court not having had proof of service of Notice issued to

Stephen Thompson the only other next of kin, resident of the State of Ohio

this matter in continued until the 28" day of November A. D. 1892.

at 10 o'clock A. M.

N. F. Overturf

Probate Judge

Notice Filed Nov 26|92

The State of Ohio } In Probate Court

Delaware County .ss . }

In the matter of the last Will and Testament

of Susan Thompson deceased.

To Stephen Thompson

You are notified that on the

























Delaware County Ohio Will Records Vol. 9 1890-1893 (572)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (572)

Description

[corresponds to page 543 of Delaware County Ohio Will

records Vol 9 1890-93]

543

15" day of Nov. A. D. 1892 an instrument of writing, purporting to be the last

Will and Testament of Susan Thompson 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 21" day of

Nov. A.D. 1892. at 9 o'clock A. M.

Witness my hand and the seal of said Probate Court, at Dela:

ware, Ohio this 15" day of Nov A. D. 1872.

N. F. Overturf

Probate Judge

Seal

I, the undersigned person within named, hereby acknowledge service of the

within novice this 23 day of Nov. A. D. 1892.

Stephen Thompson


Probate of Will Filed Nov 28|92

The State of Ohio } In Probate Court

Delaware County .ss. }

Personally appeared in open Court Wm Glass and

Lucy Glass the subscribing witnesses to the last Will and Testament of

Susan Thompson late of Berkshire 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 hearing date the 20"

day of March A. D. 1896, purporting to be the last Will and Testament

of Susan Thompson now deceased, is the Will of deceased Susan

Thompson. 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 Susan Thomp

son deceased, sign and seal said Will, and heard her acknowledge the

same to be her last Will and Testament, and that the said Susan

Thompson 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 Glass

Lucy Glass

Sworn to and subscribed by said witnesses, in open Court, this 28" day

of November. A. D. 1892.

N. F. Overturf

Probate Judge.

Journal Entry

November, 28th 1892.

In the Matter of the Will }

of Susan Thompson deceased. } This day. this matter coming in to be heard

and Stephen Thompson having acknowledged

service of Notice of the application to admit said Will to probate thereof

came Wm Glass and Lucy Glass 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




























Delaware County Ohio Will Records Vol. 9 1890-1893 (573)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (573)

Description

[corresponds to page 544 of Delaware County

Ohio Will Records Vol 9 1890-93]

544

Susan Thompson's Will

subscribed, and filed with said Will, whereupon the Court finds that the

aforesaid instrument of writing is the last Will and Testament of said Su:

san Thompson. 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.

Will

In the name of the Benevolent Father of us all - I Susan Thompson

of the Township of Berkshire County of Delaware & State of Ohio.

Being of Lawful age - sound in mind but feeble in body do make and

publish this my last Will and Testament

1st I will that all my honest debts and all charges be paid out of my Estate

2nd I desire that my household goods shall be divided equally among my child:

ren each one to receive an equal share according to their true or appraised

value.

3rd I devise and bequeath to each one of my children or their Legal heirs an

equal share of my property after the same shall be converted into money

or my Notes & Money that is due me after the same is settled Legal:

ly by my Legal Representative.

Item 4th I do hereby nominate and appoint Hosea B. Pierce of Putnam

County Ohio, as executor of this my last Will and Testament here

by 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 nes:

essary in order to make a division or settlement with my Legal heirs

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

I do hereby revoke all former Wills by me made.

In testimony here of I have hereunto set my hand seal this

20" day of March. A. D. 1886.

Susan her X mark Thompson.

Signed and acknowledged by said Susan Thompson as her last

Will & Testament in our presence and signed by us in her presence.

Wm Glass

Lucy Glass








Delaware County Ohio Will Records Vol. 9 1890-1893 (574)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (574)

Description

[corresponds to page 545 of Delaware County Ohio

Will Records Vol 9 1890-93]


Jonathan Markel's Will 545

Journal Entry

December. 2nd 1892.

In the Matter of the Will ]

of Jonathan Markel deceased } This day, an instrument of writing, pur:

porting to be the last Will and Testament

of Jonathan Markel, late of Delaware Township, in this County deceas:

ed, 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 Esther A. Markel - widow - and Sophia Blayney. Alice McGuire

William C. Markel and Oscar J. Markel next of kin of said Testa:

tor and in writing waived further notice to the probate of said Will and

it is now ordered that notice of the filing of said Will, and of the appli:

cation to admit the same to probate and record, be given to Lewis H.

Markel- Winifred Markel , Gertude Markel and Ada Markel

the other next of kin of Testator, resident of the State of Ohio - that said

application will be for hearing before this Court on the 9,th day of De:

cember A. D. 1892 at 2 o'clock P. M., to which time this matter is

continued.

N. F. Overturf

Probate Judge.

Filed Dec 2|92

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

Jonathan Markel. Deceased. }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Jonathan Markel late a resident of the Township of Delaware

in said County, died on or about the 25th day of November A. D. 1892.

leaving an instrument in writing, hereto attached, purporting to be his last

Will and Testament; That the said Jonathan Markel died leaving

Esther A. Markel 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

Sophia Blayney Daughter Kilburme Ohio

Alice McGuire " Delaware "

Lewis H. Markel Son " "

Winifred Markel Daughter " "

Gertrude Markel " " "

Ada Markel " " "

Oacar J. Markel Son Chicago I II

William C. Markel " Pawnee City Nebraska.

























Delaware County Ohio Will Records Vol. 9 1890-1893 (575)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (575)

Description

[corresponds to page 546 of Delaware County

Ohio Will Records Vol 9 1890-93]

546

Jonathan Markel's Estate

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.

Fred M. Bauereis

The foregoing application was signed in my presence and sworn to before

me, this 2nd day of December. A. D. 1892.

N. F. Overturf

Probate Judge

Seal

Waiver of Notice

We, the undersigned Widow and Next of the within named de:

cedent, hereby waive further notice to the probate of said Will.

Dated this 2nd day of December. A. D. 1892.

Esther A. Markel

Oscar J. Markel

Sophia Blayney.

Alice McGuire

Wm C. Markel

Notice

The State of Ohio } In Probate Court

Delaware County .ss. }

In the matter of the last Will and Testament

of Jonathan Markel, deceased.

To Fred M Bauereis:

You are commanded to notify

Lewis H. Markel. Winifed Markel. Gertrude Markel and Ada

Markel that on the 2nd day of December. A. D. 1892. an instrument of

writing, purporting to be the last Will and Testament of Jonathan Mar:

kel 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 hear:

ing before this Court in the 9" day of December A. D. 1892 at 2 o'clock

P. M.

Witness, my hand and the seal of said Probate Court, at Delaware, Ohio,

this 2nd day of December. A. D. 1892.

N. F. Overturf

Probate Judge

Seal

Return Filed Dec 9|92

The State of Ohio }

Delaware County .ss. } Fred M. Bauereis being duly sworn, says that

on the 5th day of December. A. D. 1892 he served

the within notice by delivering a true copy there of to the within named

Lewis H. Markel. Winified Markel. Gertrude Markel and Ada Markel.

Fred M. Bauereis

Subscribed in my presence and sworn before me this 9" day of December.

A. D. 1892.

N. F. Overturf. Probate Judge.





































Delaware County Ohio Will Records Vol. 9 1890-1893 (576)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (576)

Description

[corresponds to page 547 of Delaware County

Ohio Will Records Vol 9 1890-93]

Jonathan Markel's Will

Probate of will Filed Dec 9|92

The State of Ohio } In Probate Court

Delaware County .ss. }

Personally appeared in open Court F. Edward

Werner and John Leffert the subscribing witnesses to the last Will

and Testament of Jonathan Markel 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 execeu:

tion of said Will, depose and say: That the paper before them bearing

date the 18" day of November. A.D. 1892. purporting to be the last

Will and Testament of Jonathan Markel now deceased, is the Will of

said deceased Jonathan Markel, that they were present at the execu:

tion of said Will, and at the request of the Testator, respectively subscrib:

ed their names to the same as witnesses, in his presence; that they saw

the said Jonathan Markel deceased, sign and seal said Will, and

heard him acknowledge the same to be his last Will and Testament,

and that the said Jonathan Markel at the time of making, signing

and sealing said Will, was of full age, of sound mind and memory,

and not under any restraint.

F. Edward Werner

John Leoffert

Sworn to and subscribed by said witnesses, in open Court, this 9"

day of December. A. D. 1892.

N. F. Overturf

Seal Probate Judge.

Journal Entry

December 9" 1892.

In the Matter of the Will }

of Jonathan Markel. deceased. } Be it remembered, that heretofore

to - wit: on the 2nd day of December-

A. D. 1892 . an instrument of writing, purporting to be the last Will

and Testament of Jonathan Markel, 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 Esther A. Markel his widow- and Sophia Blayney. Alice

McGuire - Lewis H. Markel - Oscar J. Markel - William C.

Markel - Winifred Markel - Gertrude Markel - and Ada Markel

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 F. Edward

Werner and John Leoffert 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 Jonathan Markel, deceased. That the same

was duly executed and attested; and that the said Testator, at the



























Delaware County Ohio Will Records Vol. 9 1890-1893 (577)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (577)

Description

[corresponds to page 548 of Delaware County

Ohio Will Records Vol 9 1890-93]

548

Jonathan Markel's Will

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 proceed:

ings had thereon, be entered of record in this Court.

Citation ordered and issued to Esther A. Markel widow of said decedent

to elect as to said Will, as required by law- and thereupon said widow, in

writing, acknowledged service of said Citation.

N. F. Overturf

Probate Judge

Will.

In the name of the Benevolent Father of all. I Jonathan Markel of

the City of Delaware Ohio being of sound mind and disposing memory do make

and publish this my last will and testament:

Item 1. It is my will that all of my just debts be first paid.

Item 2. I give, devise and bequeath to my beloved Esther A. Markel in lieu

of her allowance for her years support, her portion or distributive share of my person:

al estate and of her dower interest in my real estate and after the payment of

my just debts, all of my property that I may own at the time of my death

both real, personal and mixed for and during her natural life, or so long as

she shall remain my widow, together with the right to use, dispose of and sell

the same as to my said wife shall seem the most proper and to her best ad:

vantage. And I hereby empower my said wife if she see fit to sell all or any

part of my said real estate which is known as and designated as fellows, to

wit. Being the whole of In Lots Nos. 183 & 184 old number the new

numbers being 431 & 432 in S. Moore's Addition to the Town (now City) of

Delaware Ohio and being same lots conveyed by Joseph Hedrick to me

by Deed Dated April 1.. 1854. Recorded in Vol 36 P 384 Record of Deeds

of Delaware County Ohio. Also the following real estate and known

as Sub. 4. of Lot 4. Sec 2 Tp 4 Range 19 U.S. M. lands and containing about

5 1/4 acres. And being the land purchased by me of Abram Springer & Jer:

emiah Markel by Deed Dated March 5.. 1866, and Recorded in Vol. 54.

P. 178. Record of Deeds of Delaware County Ohio, upon such terms as

she may see fit and with full power to execute deed or deeds therefor in

fee simple to fit and with full power to execute deed or deeds therefor in

fee simple to the purchaser or purchasers thereof, and the proceeds of such

sale shall be used, if necessary in her support as long as she may live or

untill she shall re-marry and for the support if necessary of my children

so long as they or any of them shall not have become of age, after first

paying my just debts. And the proceeds of the sale of my personal and

mixed estate, if necessary, shall be used for the support of my said wife

during her natural life or so long as she shall remain my widow and for

the support, if necessary, of my children so long as they or any of them

shall not have became of age, after first paying my just debts. And

upon the happening of the death of or re-marrage of my said wife all of her

interest in my real, personal and mixed estate or the proceeds arising

from the sale of any part or the whole of the same as in this my last

will and testament provided for shall upon the happening of either event

cease and determine.























Delaware County Ohio Will Records Vol. 9 1890-1893 (578)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (578)

Description

[corresponds to page 549 of Delaware County

Ohio Will Records Vol 9 1890-93]

549

Jonathan Markel's Will

Item 3. It is my further will that upon the death of or re-marriage of my said

wife that all of my real, personal and mixed estate and the proceeds

of the sale of any part or the whole of the same that shall be left re:

maining at the happening of either of said events shall be equally divided

between my following named children, to wit: Sophia Blayney. Mary

Gibble. William Markel. Alice McGuire - Oscar Markel

Lewis H Markel . Winifred Markel Gertrude Markel and Ada

Markel share and share alike. If however any of my said children

should die before the decease or re-marriage of my said wife leaving no

children living at the decease or re-marriage of my said wife then the share

of said property above devised to such deceased child or children is hereby

devised and bequeathed to my then remaining children share and share

alike

Item 4 I hereby nominate and appoint my said wife as my Executrix and

I also appoint Fred M. Bauereis as my Executor to assist my

said wife in the settlement of my said estate ; under this my last will

and testament. It is my further will that my said Executrix &

Executor be excused from giving Bond as such Executrix & Executor

I further desire that no inventory or appraisement and no sale of my

personal estate be made under the order of the Probate Court of this or

any other County, and that the Probate Court direct the mission of

the same as provided by law.

Item 5. I do hereby revoke all former wills by me made.

In testimony here of I have hereunto set my hand and seal this 18..

day of November. 1892.

Jonathan Markel Seal

Signed and acknowledged by said Jonathan Markel as his last will

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

at his instance and request.

F. Edward Werner

John Seoffert

Widows Election Record 10 Page 186 - Journal 15 Page 379











Delaware County Ohio Will Records Vol. 9 1890-1893 (579)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (579)

Description

[corresponds to page 550 of Delaware County

Ohio Will Records Vol 9 1880-93}

550

William S. Clymer's Will

Journal Entry

December 10" 1892 . }

In the Matter of the Will }

of William S. Clymer deceased. } This day an instrument of writing, purporting

to be the last Will and Testament of Wil

liam S. Clymer, late of Orange 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 Mark

A. Clymer . Jonathan O. Clymer - Roxana R. Granger- William D.

Clymer Frank Glaze, Nelly Park and Thomas Park next of kin of

the Testator, resident of the State of Ohio, that said application will be

for having before this Court in the 14" day December A. D. 1892.

at 11 o'clock A. M. John F. Clymer the other next of kin of said dece-

dent resident, of State of Ohio having in writing waived Notice to the probate

of said Will.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Dec 10|92

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

William S. Clymer - deceased. ]

To the Hon. N. F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that William S. Clymer late a resident of the Township of Orange in

said County, died on or about the 29" day of November, A. D. 1892 - leav:

ing an instrument in writing, hereto attached, purporting to be his last Will

and Testament; That the said William S. Olymer died leaving no wid:

ow 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

Mark A. Clymer Son Westerville, Ohio

Jonathan O. Clymer " Hyattviille

Roxana R. Granger Daughter Flint

William D. Clymer Son Harpster

John F. Clymer " Central College

Frank Glaze about 8 Grand child Westerville

Nelly Park " 15 " Flint

Thomas Park " 13 " "

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 F. Clymer.








Delaware County Ohio Will Records Vol. 9 1890-1893 (580)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (580)

Description

[corresponds to page 551 of Delaware County

Ohio Will Records Vol 9 1890-93]

551

William S. Clymer Will

The foregoing application was signed in my presence and sworn to before

me, this 10th day of December. A. D. 1892.

N. F. Overturf

Seal Probate Judge

Waiver of Notice

I, the undersigned one of the next of kin of the within named decedent

hereby waive further notice to the probate of said Will.

Date this 10" day of December. A. D. 1892.

John F. Clymer.


Notice

The State of Ohio } In Probate Court

Delaware County .ss. }

In the Matter of the last Will and Testament

of William S. Clymer deceased.

To John F. Clymer:

You are commanded to notify Mark

A. Clymer. Jonathan O. Clymer . Roxane R. Granger - William

D. Clymer- Frank Glaze - Nelly Park and Thomas Park

that in the 10th day of December, A. D. 1892 - an instrument of writing

purporting to be the last Will and Testament of William S. Cly:

mer late of Orange Township in said County, deceased was produced

in said Court, and an application in to admit the same to probate

was in the same day made in said Court. Said application will

be for hearing before this Court in the 14th day of December, A. D.

1892 at 11 o"clock A. M.

Witness, my hand and seal of said Probate Court, at

Delaware, Ohio this 10th day of December A. D. 1892.

N. F. Overturf

Seal Probate Judge



Return Filed 14| -92



The State of Ohio }

Delaware County .ss } John F. Clymer being duly sworn, says

that on the 12" & 13" days of December - A.

D. 1892 - he served the within notice by delivering a true copy there

of to the within named Mark A. Clymer. Johnathan C.

Clymer, Roxana R. Granger, William D. Clymer Frank

Glaze -Nelly Park and Thomas Park.

C. F. Clymer

Subscribed in my presence and sworn to before me this 14" day of De

cember. A. D. 1892.

N. F. Overturf.

Probate Judge.





























Delaware County Ohio Will Records Vol. 9 1890-1893 (581)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (581)

Description

[corresponds to page 552 Delaware County

Ohio Will Records Vol 9 1890-93]

552

William S. Clymer's Will Filed Dec 14/92

Probate of Will

The State of Ohio } In Probate Court

Delaware County .ss. }

Personally appeared in open Court Frank Kenyon

and Jennie Granger the subscribing witnesses to the last Will and Tes:

tament of Wm S. Clymer 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 ex:

ecution of said Will,depose and say: That the paper before them bear:

ing date the 16" day of November A. D. 1892 purporting to be the last

Will and Testament of W. S. Clymer now deceased, is the Will

of said deceased Wm S. Clymer, 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 Wm. S. Clymer deceased, sign and seal said Will, and

head him acknowledge the same to be his last Will and Testament, and

that the said Wm S. Clymer at the time of making, signing and

sealing and Will, was of full age of sound mind and memory, and

not under any restraint.

Frank P. Kenyon

Jennie Granger

Sworn to and subscribed by said witnesses, in open Court, this 14" day

of November A. D. 1892.

N. F. Overturf

Probate Judge

Journal Entry

December 14" 1892.

In the Matter of the Will of }

William S. Clymer deceased } Be it remembered, that heretofore to - wit:

in the 10" day of December A. D. 1892-

an instrument of writing, purporting to be the last Will and Testament of

William S. Clymer, 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 admit the same to probate and record in this

Court, has been given to Mark A. Clymer - Jonathan O. Clymer - Rox:

ana R. Granger - William D. Clymer - John F. Clymer. Frank

Glaze - Nelly Park and Thomas Park 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 Frank P Kenyon and Jennie Granger 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 William S. Clymer 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


















































Delaware County Ohio Will Records Vol. 9 1890-1893 (582)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (582)

Description

[corresponds to page 553 of Delaware County

Ohio Will Records Vol 9 1890-93]

553

William S. Clymer's Will

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

Last Will and Testament

In the name of the Benevolent Father of All: J. Wm. S. Clymer of the

Township of Orange, County of Delaware and State of Ohio being admit (73)

Seventy three 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.

2: I give devise and bequeath to my heirs Mark A. Clymer. Jonathan

O. Clymer, Roxana Granger. Frank Glaze son of Jane I Glaze.

dece"s , Wm D. Clymer, Nelly Park and Thomas Park heirs of

Opelia Park dec", (the two receiving one share and John Francis

Clymer in equal parts or portions as I have divided at by Deeds dur:

ing my lifetime, except M. A. Clymer who is to have Five Dollars

only, unless he accepts of the Deed made to him in the division among

my heirs of my property and the conditions it contains. This property is

to remain undivided until after my debts are all paid and legacies pro:

vided for at the end of two years.

3. I direct that my Executors cause to be erected on my lot in the cem:

etery at Westerville a monument for myself and wife at the south side of

her grave, not to exceed in cost ($200). Two Hundred Dollars if not already

done by myself.

4. I direct that my Executors cause to be removed the remains of my Fath:

er Rev. John Clymer and Mary Clymer his wife and Susan Cly:

mer their Daughter and Abraham Clymer their Son and Therza

Clymer their daughter and Bigelow Clymer their son and my son

George Clymer to my lot in the cemetery if not already done by

myself.

5. I direct that a tile drain six feet deep running north and south

to connect with the main drain running north east and south.

west to be located at the east line of my lot and connected with vault.

6. I direct that the remains of my Father and Mother be placed in one

Box made of white oak plank and placed north of Jenny I. Glaze

the vault to be laid up with Brick and covered with a stone slab.

I direct that all of my Personal property (except two Scholarships in

Otterbine University. Piano, and my Watch and a few other articles

I have given to different members of my family shall be sold and

converted into money and be directly applied to the payment of my in:

debtedness. The Scholarships are to be given to and used for the benefit

of my Grand Children Nelly Park, Thomas Park, Frank Glaze

and Herbert Granger, and if not accepted or only a part of it used













Delaware County Ohio Will Records Vol. 9 1890-1893 (583)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (583)

Description

[corresponds to page 554 of Delaware County

Ohio Will Records Vol 9 1890-93]

554

William S. Clymer's Will

by them then they are to go to other Clymer heirs who will appreciate

them and use them. My Piano I give to Roxana Granger & her heirs,

My watch I give to John F. Clymer I give to my son Wm D. Clymer

my watch I give to John F. Clymer I give to my son Wm D. Clymer

my patent Nut Sock and to G. N. Granger Fire Extinguisher and other

things to other members of my family not named.

8th I direct that all of my real property be rented for a term of two years if not

already done by myself with approved security payment to be made annual:

ly according to a contract entered into by me if at the end of two years a suf:

ficient amount of money has not accumulated to pay my indebtedness. I

direct that so much of my real estate as is necessary to pay the remainder

of my indebtedness shall be sold and applied as above mentioned.

9th I direct that Nelly Park shall receive her portion at the age of twenty

one years and to receive the rental of her share annually to defray the ex:

penses of clothing and her education, and I hereby appoint Jonathan O.

Clymer as her Guardian (unless J. N. Granger moves to Westerville, then

he is to be her Guardian).

10th I direct that Thomas Park and Frank Glaze shall receive their

portion if of good and steady habits at the age of twenty five years and each

otherwise or wild and unsteady at the age of twenty five years and each

is to receive the yearly rental of his share for the purpose of defraying ex:

penses of clothing, and education, and I hereby appoint Jonathan O. Cly

mer and John F. Clymer to be their Guardians.

11. I direct that Jonathan O. Clymer and all of my other heirs shall

not have power to sell or dispose of his or her share or portion but it

is to decend to their several heirs of their bodies.

12. I direct that if any of my heirs die leaving no heir of his or her body

then his or her portion is to revert to the other Clymer heirs equally

or in equal parts.

13. I hereby appoint John Francis Clymer and D. K. Mathews Ex:

ecutors of this my last Will and Testament.

14. I hereby appoint John Francis Clymer as Guardians of Thomas

Park (unless James N. Granger moves to Westerville then he is to

be her Guardian.

In Testimony Where of, I have set my hand to this my Last Will

and Testament, at James N. Grangers, this Sixteenth (16) day of

November, in the year of our Sord. One Thousand Eight Hundred

and Ninety Two.

Wm S. Clmer. Seal

The foregoing Instrument was signed by the said William S. Clym

er 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 At:

testing Witness at Jas. N. Grangers this 16" day of November

A. D. 1892.

Frank Kenyon resides at Lewis Center P. O.

Jennie Granger, resides at Flint, Franklin C. O.























Delaware County Ohio Will Records Vol. 9 1890-1893 (584)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (584)

Description

[corresponds to page 555 of Delaware County

Ohio Will Records Vol 9 1890-93]

555

Elizabeth H. Wells Cowles Will

Journal Entry

December 16" 1892. }

In the Matter of the Will }

of Elizabeth H. Wills Cole dec. } This day an instrument of writing, purport.

ing to be the last Will and Testament of

Elizabeth H. Wells Cowles, late of Delaware Township 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

there of and of the application to admit the same to probate and record be given to

Samuel Cowles, widower of said decedent, that said application will be

for hearing before this Court on the 22nd day of December A. D. 1892. at

10 o'clock A. M., Mary A. Baker the only next of kin of said Testatrix

resident of the State of Ohio having in writing, waived notice to the probate

of said Will.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed, Dec 16/92

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 H. Wells, Cowles }

Deceased. }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

Elizabeth H. Wells Cowles late a resident of the Township of Delaware

in said County, died on or about the 12" day of November. A.D. 1892 leav:

ing an instrument in writing, hereto attached, purporting to be her last Will

and Testament. That the said Elizabeth H. Wells Cowles died leaving

Samuel Cowles her widower and the following named person her only

next of kin resident of the State of Ohio:

Name Degree of Kinship P. O. Address

Mary A. Baker Daughter Delaware. O.

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named person may be notified according to law

of the pending of said proceedings.

Mary A. Baker

The foregoing application was signed in my presence and sworn to before

me this 16" day of December. A. D. 1892.

N. F. Overturf

Probate Judge

Seal



















Delaware County Ohio Will Records Vol. 9 1890-1893 (585)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (585)

Description

[corresponds to page 556 of Delaware County

Ohio Will records Vol 9 1890-93]


556


Elizabeth H. Wells Cowles Estate

Waiver of Notice

I, the undersigned next of kin of the within named decedent, hereby waive

further notice to the probate of said Will.

Dated this 16" day of December. A. D. 1892

Mary A. Baker.

Notice Filed Dec. 22/92

The State of Ohio } In Probate Court

Delaware County .ss. }

In the matter of the last Will and Testament of

Elizabeth H. Wells Cowles, deceased.

To Mary A. Baker:

You are commanded to notify Samuel

Cowles that on the 16" day of December. A. D. 1892. an instrument of

writing, purporting to be the last Will and Testament of Elizabeth H.

Wells Cowles 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 22nd day of December. A. D. 1892.

at 10 o'clock A.M.

Witness, my hand and the seal of said Probate Court, at Delaware,

Ohio, this 16" day of December. A. D. 1892.

Seal N. F. Overturf

Probate Judge

I the undersigned person within named, hereby acknowledge service of

the within notice this 20" day of December. A. D. 1892

Samuel Cowles.

Testimony of Witness to Will

In Probate Court } In the Matter of Proving the last Will and Testament

Delaware County, Ohio } of Elizabeth H. Wills-Cowles. deceased.

In the state of Ohio }

Delaware County .ss. ] Martha 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, hearing

date the 8" day of October A. D. 1892 and offered for probate as the last

Will and Testament of Elizabeth H. Wells Cowles, late of Delaware

Township in said County of Delaware deceased, and saw the said Elizabeth

H. Wells Cowles, 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.

Martha Brown

Sworn to and subscribed by said witness in open Court, this 22nd day

of December A. D. 1892.

N. F. Overturf Probate Judge.












Delaware County Ohio Will Records Vol. 9 1890-1893 (586)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (586)

Description

[corresponds to page 557 of Delaware County
Ohio Will Records Vol 9 1890-93]

557


Elizabeth H. Wells Cowles Estate

Proof of Signature of Witness To Will Filed Dec 22/92

The State of Ohio ]

Delaware County .ss. } C. F. Graff being duly sworn, says that he was well

acquainted with Joseph S. Brown who is now deceased,

that he was well acquainted with the hand writing of the said Joseph S. Brown

having often seen him write that the signature Joseph S. Brown as subscribe

ing witness to the last Will and Testament of Elizabeth H. Wells, deceased,

is in the own proper hand writing and signature of the said Joseph S.

Brown who at the date of said Will was in full life, and resided in

Delaware Ohio in said County.

C. F. Graff

Sworn to before me and subscribed in my presence, this 22nd day of December

A. D. 1892.

N. F. Overturf

Probate Judge.

Journal Entry

December 22nd 1892.

In the Matter of the Will of }

Elizabeth H. Wells Cowles deceased } Be it remembered, that heretofore, to wit

oin the 16th day of December A. D. 1892

as instrument of writing, purporting to be the last Will and Testament

of Elizabeth H. Wells Cowles, late of Delaware 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 Samuel Cowles, widower of said

decedent, and Mary A. Baker the only next of kin of said Testatrix having

waived notice, thereupon, came Martha Brown,one of the subscribing wit:

nesses to said Will, who having duly sworn, testified to the due execution

and attestation of said Will, which testimony was reduced to writing,

by her subscribed and piled with said Will. And it appearing to the

Court that Joseph P. Brown the other subscribing witness to said

Will is now deceased, thereupon C. F. Graff appeared in open Court

and was duly sworn and examined according to law touching the gen:

uiness of the signature of said Joseph S. Brown attached to said

Will and his 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 Elizabeth H. Wells. Cowles 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 therein be entered of record in

this Court. --- Citation ordered and Issued to Samuel Cowles, widower

of said decedent to elect as to said Will, as is required by Law.

N. F. Overturf

Probate Judge















Delaware County Ohio Will Records Vol. 9 1890-1893 (587)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (587)

Description

[corresponds to page 558 of Delaware County

Ohio Will Records Vol 9 1890-93}

558

Elizabeth H. Wells Cowles Will

Will

In the same of the Benevolent Father of All, I, Elizabeth H. Wells

of the City of Delaware & State of Ohio do make and publish this my

last will and testament.

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

fully paid.

2nd I give will and bequeath to my Daughter Mrs. Mary A. Baker the

entire use and control of my property both real and personal during her

natural life, to use the interest or income only.

3rd At death of my said Daughter Mrs. Mary A. Baker it is my

will that all my property both real and personal be equally divided be:

tween the children of my said Daughter Mary A. Baker share &

share alike.

Signed & declared to be my last will and testament at the city of

Delaware Ohio in this the 8th day of October. A. D. 1893.

Signed by said Testator in }

our presence and by us }

signed as witness at her re: }

quest and in her presence and } her x Mark

in the presence of each other. } Elizabeth H. Wells

Joseph S. Brown }

Martha Brown }

Filed in Will Box "C."







Delaware County Ohio Will Records Vol. 9 1890-1893 (588)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (588)

Description

[corresponds to page 559 of Delaware County

Ohio Will Records Vol 9 1890-93]

559

Michael Steitz Will

Journal Entry

December 22nd 1892

In the Matter of the Will of }

Michael Steitz deceased } This day an instrument of writing pur:

porting to be the last Will and Testa:

ment of Michael Steitz, late of Liberty Township in this County, deceas:

ed, 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 Fredrica Steitz his widow and Conrad Steitz Maggie Amos-

Fredrica Robinson - Lizzie Oller, Henrietta Case Peter Williams

Case next of kin of the Testator, resident of the State of Ohio, that said

application will be for hearing before this Court on the 27th day of Decem:

ber A. D. 1892 at 11 o 'clock A. M. -- Charles Steitz, the other

next of kin of said Testator, resident of the State of Ohio, being in writ-

ing waived further notice 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 Mich. } Application to Admit to Probate

ael Steitz . Deceased . }

To the Hon. N. F. Overturf Judge

of the Probate Court in and for said County

Your petitioner respectfully represents

that Michael Steitz late a resident of the Township of Liberty in said

County died on or about the 15" day of December A. D. 1892, leaving

an instrument in writing hereto attached, purporting to be his last Will

and Testament; That the said Michael Steitz died leaving Fredri:

ca Steitz of Hayattville. O. widow and the following named persons his

only next of kin resident of the State of Ohio.

Name Age of Degree of Kinship P. O. Address
Minor

Charles Steitz Son Hyattville Ohio

Conrad Steitz " Stratford "

Maggie Amos Daug New Rochester "

Fredrica Robinson " Industrial Home "

Lizzie Oller " Bel[point "

Henrietta Case 2 yrs Grand Child Hyattville "

Peter W. Case 1 yr " " " "

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

Charlie Steitz
























Delaware County Ohio Will Records Vol. 9 1890-1893 (589)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (589)

Description

[corresponds to page 560 of Delaware County

Ohio Will Records Vol 9 1890-93]

560

Michael Steitz Will

The foregoing application was signed in my presence and sworn to before

me, this 22day of December A. D. 1892.

N. F. Overturf

Probate Judge

Waiver of Notice

The undersigned next of kin of the within named decedent, hereby waive

further notice to the probate of said Will.

Dated this 22 day of December. A. D. 1892.

Charlie Steitz

Notice

The State of Ohio } In Probate Court

Delaware County .ss. }

In the matter of the last Will and Testament

of Michael Steitz deceased.

To Charlie Steitz

You are commanded to notify Con:-

rad Steitz - Maggie Amos- Fredrica Robinson - Lizzie Oller- Hen:

rietta Case -Peter William Case and Fredrica Steitz widower

that on the 22 day of December. A. D. 1892 an instrument of

writing , purporting to be the last Will and Testament of Michael

Steitz, late of Liberty Township in said County deceased was pro:

duced in said 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 27" day of December A.

D. 1892 at 11 o'clock A. M.

Witness, my hand and the seal of said Probate Court at Del:

aware, Ohio this 22 day of December, A. D. 1892.

N. F. Overturf

Probate Judge

Return Filed Dec 21/92

The State of Ohio }

Delaware County .ss } Charlie Steitz being duly sworn, says that

on the 23 day of Dec A. D. 1892. he served

the within notice by delivering a true copy thereof to the within named

Conrad Steitz - Maggie Amos Fredrica Robinson- Lizzie Oller

Henrietta Case. Peter William Case and Fredrica Steitz.

Charlie Steitz.

Subscribed in my presence and sworn to before me this 27 day of

December A. D. 1892.

N. F. Overturf

Probate Judge

















Delaware County Ohio Will Records Vol. 9 1890-1893 (590)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (590)

Description

[corresponds to page 561 of Delaware County

Ohio Will Records Vol 9 1890-93]

561

Michael Steitz Will Filed Dec 27/92

Probate of Will

The State of Ohio } In Probate Court

Delaware County.ss. }

Personally appeared in open Court Alonzo A.

Hall and Stephen Hults the subscribing witnesses to the last Will

and Testament of Michael Steitz late of Liberty Township in said

Delaware County, deceased, who being duly sworn according to law,

to speck 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 30" day of November A. D. 1892 pur:

porting to be the last Will and Testament of Michael Steitz now

deceased, is the Will of said deceased, Michael Steitz - that they were

present at the execution 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 Michael Steits deceased,

sign and seal said Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said Michael Steitz

at the time of making, signing and sealing said Will, was of full age,

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

Alonzo A. Hall

Stephen Hults

Sworn to and subscribed by said witnesses, in open Court, this 27"

day of December A. D. 1892.

N. F. Overturf

Probate Judge

Seal

Journal Entry

December 27"1892.

In the Matter of the Will }

of Michael Steitz Deceased } Be it remembered, that heretofore to

wit on the 22nd day of December A.

D. 1892 an instrument of writing, purporting to be the last Will and

testament of Michael Steitz late of Liberty Township in this

County deceased was produced in open Court for probate and was

then filled And it now being shown to the satisfaction of the court

that due notice of the filing of the filing of said Will and of this application

to admit the same to probate and record in this Court has been

givan to Fredrica Steitz widow Charles Steitz Conrad Steitz

Maggie Amos Fredrica Robinson Lizzie Oller Henrietta

Case and Peter W. Case next of kin of the Testator resident

of the State of Ohio, pursuant to a former order of this Court and

therefore, on this day came Alonzo A. Hall and Stephen Hults

two 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 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

Michael Steitz deceased. That the last Will and Testament of said

Michael Steitz deceased. That the same was duly executed

and attested; and that the said Testator, at the time of making,










Delaware County Ohio Will Records Vol. 9 1890-1893 (591)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (591)

Description

[corresponds to page 562 of Delaware County

Ohio Will Records Vol 9 1890-93]

562

Michael Steitz Will

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 proceed:

ings had thereon, be entered of record in this Court.

Citation ordered and issued to Fredrica Steitz widow of said decedent, to

elect as to said Will as is required by Law.

N F Overturf

Probate Judge

Will

In the Name of the Benevolent Father of all J. Micheal Steitz

of the township Liberty - County of Delaware and State of Ohio do make

and publish this as my last Will and testament.

Item 1st I will and direct that all my just and honest debts be paid.

Item 2nd I give and bequeath to my wife Fredrica Steitz the use and control of

all my Real Estate during her natural life time.

Item 3rd I will and bequeath to my wife Fredrica Steitz all my Household

goods and Kitchen furniture and all provisions that have been prepared for

the use of the family.

Item 4 At the death of my wife Fredrica Steitz I give and bequeath to my

son Charles Steitz all my real estate that may be left at her death

after paying all my debts if the personal property does not pay them

then enough of my real estate on the west side of the road my be sold

to pay them except one acre of Land where the cider mill stands.

Item 5. I give and bequeath to my son Charles Steitz the two full blood

French Gray mares.

Item 6th I will and direct that my son Charles Steitz shall pay to my

daughter Fredrica Robison Four hundred and fifty dollars at the

death of my wife Fredrica Steitz.

turn over.

Item 7 I have paid my son Conrad Steitz $1000.00

I have paid my daughter Caty Case $1000.00

I have paid my daughter Maggie Amos $1000.00

I have paid my daughter Lizza Oller $ 300.00

Item 8 I hereby nominate and appoint my wife Fredrica Steitz and my son

Charles Steitz as my Executors of this my last will and testament.

dated November 30th 1892.

Michael Steitz Seal

Signed sealed and acknowledged

by the testator as his last will

and testament in our presence

and signed by us in his presence.

S. W. H. Dusboran }

Alonza A. Hall } Witnesses

Stephen Hults }



















Delaware County Ohio Will Records Vol. 9 1890-1893 (592)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (592)

Description

[corresponds to page 563 of Delaware

County Ohio Will Records Vol 9]

563

Jacob A. Fetter's Will

Application for Probate of Will Filed Jan 9/93


The State of Ohio } In Probate Court

Delaware County .ss. }

In the Matter of the Last }

Will and Testament of Jacob } Application to Admit to Probate

A. Fetters. Deceased --- }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County.

Your petitioner respectfully represents that

Jacob A. Fetters late a resident of the Township of Berkshire in

said County, died on or about the 17 day of October A. D. 1892 leaving

an instrument in writing, hereto attached, purporting to be his last Will and

Testament. That the said Jacob A. Fetters died leaving Mary Fetters

widow and the following named persons his only next of kin resident of the

State of Ohio : -- None -- Your petitioner prays that a time

may be fixed for the proving of said Will.

Mary Fetters

The forgoing application was signed in my presence and sworn to be:

fore me this 4" day of January A. D.

N. F. Overturf.

Probate Judge.

Probate of Will Filed Jan 4/93

The State of Ohio } In Probate Court

Delaware County .ss. }

Personally appeared in open Court George J. Ro:

berts and J. Arnold the subscribing witness to the last Will and Tes:

tament of Jacob A. Fetters late of Berkshire Township in said Del:

aware County, deceased who being duly sworn according to law, to speek

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 22 day of Jan A. D. 1891 purporting to be the last

Will and Testament of Jacob A. Fetters now deceased, is the Will

of said deceased Jacob A. Fetters that they were present at the ex:

ecution of said Will, and at the request of the Testator respectively sub:

scribed their names to the same as witnesses, in her presence that they

saw the said Jacob A. Fettters deceased sign and seal said Will,

and heard him acknowledge the same to be his last Will and Testa:

ment, and that the said Jacob A. Fetters 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

J. Arnold.

Sworn to and subscribed by said witnesses in open Court this 4"
.
day of January. A. D. 1893.

N. F. Overturf

Probate Judge
























Delaware County Ohio Will Records Vol. 9 1890-1893 (593)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (593)

Description

[corresponds to page 564 of Delaware County

Ohio Will records Vol 9 1890-93]

564


Jacob A. Fetters Will

Journal Entry

January 4th 1893.

In the Matter of the Will }

of Jacob A. Fetters deceased } This day an instrument of writing pur:

porting to be the last Will and Testa:

ment of Jacob A. Fetters, 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 Mary

Fetters widow of said Testator having filed said application, and there be:

ing no next of kin resident of the State of Ohio; thereupon came George

J. Roberts and J. Arnold 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 Jacob A. Fetters deceased That the same was duly execu:

ted 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.

N. F. Overturf

Probate Judge

Will

In the name of the Benevolent Father of all. I Jacob A. Fetters

of 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 changes be paid out of my

estate.

Item. I give and devise all the residue of my estate both real and personal to

my beloved wife Mary Fetters to be to her and her heirs and assigned forever.

Item. I appoint and make the said Mary Fetters Executrix of this my last

will and testament and desire that my Executrix be not required to give

bond.

I do hereby revoke all former will made by me.

In testimony hereof I have hereunto set my hand and seal this 22"

day of January A. D. 1891.

Jacob A. Fetters Seal

Signed and acknowledged by said Jacob A. Fetters as his last

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

George J. Roberts

J. Arnold.








Delaware County Ohio Will Records Vol. 9 1890-1893 (594)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (594)

Description

[corresponds to page 565 of Delaware County



Ohio Will Records Vol 9]

565

Hannah Broderick's Will

Journal Entry

December 31 st 1892

In the Matter of the Will }

of Hannah Broderick deceased ] This day an instrument of writing,

purporting to be the last Will and

Testament of Hannah Broderick, 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 there of and of the application to

admit the same to probate and record be given to William Brod:

erick. Martin Broderick - John Broderick - John Broderick -

Daniel Broderick - Hannah Broderick - Julia Broderick and Wil

liam Broderick next of kin of the Testatrix ,resident of the State of

Ohio, that said application will be for hearning before this Court, on

the 9th day of January. A. D. 1893 at o"clock A. M.

Catherine Maloney the other next of kin having in writing, waived

further notice to the probate of said Will.

N. F. Oveerturf

Probate Judge

Application for Probate of Will Filed Dec 31/92

The State of Ohio } In Probate Court

Delaware County .ss. }
1892
In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Hannah Broderick deceased }

To the Hon. N. F. Overturf, Judge

of the Probate Court in and for said County.

Your petitioner respectfully represents

that Hannah Broderick late a resident of the township of Del:

aware in said County, died in or about the 27" day of December

A. D. 1892 learning an instrument in writing, hereto attached, purport:

ing to be her last Will and Testament, That the said Hannah

Broderick died leaving no widower and the following named persons

her only next of kin resident of the State of Ohio:

Name Degree of Kinship P. W. Address

Catherine Maloney Daughter Delaware, Ohio

William Broderick Son " "

Martin Broderick " " "

John Broderick " Columbus "
Columbus

John Broderick Grand Child Delaware "

Daniel Broderick " " "

Hannah Broderick " " "

Julia Broderick " " "

William Broderick " " "























Delaware County Ohio Will Records Vol. 9 1890-1893 (595)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (595)

Description

[corresponds to page 566 of Delaware County

Ohio Will Records Vol 9 1890-93]

566

Hannah Broderick'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.

Catherine Maloney

The foregoing application was signed in my presence and sworn to before

me, this 31st day of December A. D. 1892.

N. F. Overturf

Seal Probate Judge.

Waiver of Notice

I the undersigned, one of the next of kin of the within named decedent,

hereby waive further notice to the probate of said Will.

Dated this 31st day of December. A. D. 1892.

Catherine Maloney

Notice

The State of Ohio } In Probate Court

Delaware County .ss. }

In the Matter of the last Will and Testament

of Hannah Broderick Deceased.

To Catherine Maloney.

You are commanded to notify

William Broderick - Martin Broderick - John

Broderick- Daniel Broderick - Hannah Broderick - Julia Broderick

William Broderick that on the 31st day of December A. D. 1892 -

an instrument of writing, purporting to be the last Will and Testament

of Hannah Broderick 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 in the 9th day of January

A. D. 1893 at 10 o'clock A. M.

Witness, my hand and the seal of said Probate Court, at

Delaware, Ohio, this 31st day of December. A. D. 1892.

N. F. Overturf

Seal Probate Judge

Return Filed Jan 9/93

The State of Ohio }

Delaware County .ss. } Catherine Maloney being duly sworn, says

that on the 3rd & 6th days of January. A. D.

1893. she served the within notice by delivering a true copy there of

to the within named William Broderick - Martin Broderick -John Broderick -

John Broderick- Daniel Broderick Han:

nah Broderick - Julia Broderick and William Broderick

Catherine Maloney

Subscribed in my presence and sworn to before me this 9" day of

January A. D. 1893.

N. F. Overturf

Probate Judge.














Delaware County Ohio Will Records Vol. 9 1890-1893 (596)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (596)

Description

[corresponds to page 567 of Delaware County

Ohio Will Records Vol 9 1890-93]

567

Hannah Broderick's Will Filed Jan 9\92

Probate of Will

The State of Ohio } In Probate Court

Delaware County .ss. }

Personally appeared in open Court Ann Hutch.

ins and Catherine Hanning the subscribing witnesses to the last Will

and Testament of Hannah Broderick 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 re:

lation to the execution of said Will depose and say: That the paper

before them bearing date the 9" day of December - A. D. 1892 pur:

porting to be the last Will and Testament of Hannah Broderick

now deceased, is the Will of said deceased Hannah Broderick --

that they were present at the execution of said Will, and at the

same as witnesses, in her presence; that they saw the said Han:

nah Broderick deceased, sign and seal said Will, and heard

her acknowledge the same to be her last Will and Testament,

and that the said Hannah Broderick at the time of making,

signing, and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint

Ann her X mark Hutchins

Catherine her X mark Hanning

Attest.

N. F. Overturf.

Sworn to and subscribed by said witnesses in open Court, this

9" day of January A. D. 1893

N. F. Overturf

Probate Judge


Journal Entry

January 9th 1893

In the matter of the Will }

of Hannah Broderick, deceased } Be it remembered, that hereto:

fore to wit: on the 31st day of

December. A. D. 1892 -an instrument of writing, purporting to

be the last Will and Testament of Hannah Broderick, 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 Catherine

Maloney. William Broderick- Martin Broderick -John Brod:

erick, John Broderick- Daniel Broderick - Hannah Broderick-

Julia Broderick- and William Broderick 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 Ann Hutchins

and Catherine Hanning 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













Delaware County Ohio Will Records Vol. 9 1890-1893 (597)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (597)

Description

[corresponds o page 568 of Delaware County

Ohio Will Records Vol 9 1890-93]

568

Hannah Broderick's will

the Court finds that the aforesaid instrument of writing is the last Will

and Testament of said Hannah Broderick, 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 proceeding had thereon, be entered of record in this court

N. F. Overturf

Probate Judge

Will

Delaware Ohio December 19th 1892.

I, Hannah Broderick residing in Delaware Ohio enjoying the use

of my senses and mental faculties do hereby make this my last will

and Testament, revoking hereby all former wills.

Art 1st I leave and bequeath to my daughter Catherine Maloney all my per:

sonal property and the use, occupant and full control for life of my

real estate, or home situated on Winter Street Delaware Ohio.

as long as she lives. That above mentioned property, should be neither

sold nor mortgaged nor divided.

Art II. After the death of my daughter Catherine Maloney my real es:

tate or house on Winter Street, should be sold and divided equally

between my children or their heirs.

I appoint my daughter Catherine Maloney administrator and exec:

trix of this my last Will

Signed and sealed by me on the 19th day of December 1892 in the

presence of two Witnesses.

Hannah her X mark Broderick Seal

Witnesses { Ann her Xmark X Hutchins {Seal} Catherine her X mark Hanning Seal









Delaware County Ohio Will Records Vol. 9 1890-1893 (598)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (598)

Description

[corresponds to page 569 of Delaware County

Ohio Will Records Vol 9 1890-93]

569

5219 Thornton F. White's Will

Journal Entry

January 9th 1893.

In the Matter of the Will }

of Thornton F. White, deceased } An authenticated copy of the last Will

and Testament of Thornton F. White

late of Pickaway County Ohio, deceased, was this day presented to

this Court for record, Whereupon the Court finding that certain

real estate devised by said Will is situated in Delaware County.

hereby admits said copy to record, as provided by law in such cases.

N. F. Overturf

Probate Judge

Copy of the Last Will and Testament of

Thornton F. White deceased

A Will

I, Thornton F. White of the Village of Williamsport County of Pick:

away and State of Ohio, being of sound mind and memory do make

and declare this to be my last Will and Testament to wit:

Item 1st

I give and bequeath to my beloved wife Anna C. White,

as long as she shall remain my widow in lieu of dower all my house:

hold goods and three cows, she choosing such as she may want.

A life estate in all my real property situate in Pickaway Coun:

ty Ohio.

Item 2nd

I desire that my executors shall sell all my interest

in real estate situate in Delaware County, Ohio. And also

all my other personal property, save what is hereinafter excepted,

either at public or private sale, and shall invest the same togeth:

er with the proceeds of my life insurance, as they shall deem best

and the income from the same to be used for the support of my

said wife, and at her death, the principal to be divided equally

among my heirs or their legal representative.

Item 3rd

I will that my books shall be divided among my child:

ren as they may deem proper, except my Medical Library, which

my Executors are empowered to sell and place the proceeds in the

fund set apart for my wife's support.

Item 4th

All my just debts and funeral expenses shall be first

fully paid.

Item 5th

I nominate and appoint my wife Anna C. White

and my son in-law C. C. Chappalear Executors of this my

last Will and Testament.

In Witness Where of I have hereunto set my hand and seal this March.

2nd 1891.

Thornton F. White (Seal)



















Delaware County Ohio Will Records Vol. 9 1890-1893 (599)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (599)

Description

[corresponds to page 570 of Delaware County

Ohio Will Records Vol 9 1890-93]

570

Thornton F. White's Will

Signed, sealed published and declared as and for his last Will and

Testament by the above named Testator in our presence who have at

his request and in his presence and in the presence of each signed our

names as witnesses thereto.

Witnesses W. H. Wiesse

Isaiah M Brashares.

The State of Ohio

County of Pickaway. SS.

I Jacob P. Winstead Judge of Probate

Court within and for said County do hereby certify the above and fore:

going to be a full and complete copy of the last Will and Testa:

ment of Thornton F. White late of said County deceased, truly

taken and correctly copied from the original now remaining in file

and record in said Court.

In testimony Whereof I have here unto set my hand

and caused the Seal of said Court to be affixed at Circleville,

Ohio, this 19th day of March A. D. 1891.

Jacob P. Winstead

Probate Judge

Seal

Delaware County Ohio Will Records Vol. 9 1890-1893 (600)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (600)

Description

[corresponds to page 571 of Delaware County

Ohio Will Records Vol 9 1890-93]

571


Werter B. Albright's Will

Journal Entry

January 12" 1893

In the Matter of the Will }

of Werter B. Albright deceased } This day as instrument of writing pur:

porting to be the last Will and Testa:

ment of Werter B. Albright 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 Jessie S. Albright his widow and Newell S. Albright

next of kin of said decedent and in writing, waived notice to the pro:

bate of said Will and it is ordered that notice of the filing of said

Will, and of the application to admit the same to probate and record - be

given to Margaret E. Albright the only other next of kin of said Tes:

tator, resident of the State of Ohio that said application will be for

hearing before this Court on the 14th day of January. A. D. 1893 at

3 o'clock P. M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Jan 12/93

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

Werter B. Albright deceased. }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County.

Your petitioner respectfully represents

that Werter B. Albright late a resident of the Township of Delaware

in said County, died on or about the 8" day of January A. D. 1893 leav:

ing an instrument in writing, hereto attached, purporting to be his last

Will and Testament, That the said Werter B. Albright died leaving

Jessie L. Albright widow -and the following named persons his only

next of kin resident of the State of Ohio:

Name Degree of Kinship P. O. Address

Newell S. Albright Bro. Tiffin Ohio

Margaret E. Albright Niece Delaware 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 accord:

ing to law of the pending of said proceedings.

Edward S. Mendenhall.

The foregoing application was signed in my presence and sworn to

before me, this 12" day of January A. D. 1893

N. F. Overturf

Probate Judge


















Delaware County Ohio Will Records Vol. 9 1890-1893 (601)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (601)

Description

[corresponds to page 572 of Delaware County

Ohio Will Records Vol 9 1890-93]

572

Werter B. Albright's Will

Waiver of Notice

We, the undersigned widow and next of kin of the within named decedent,

hereby waive further notice to the probate of said Will.

Dated this 12 day of January, A. D. 1893.

Mrs. Jessie L. Albright

Newell S. Albright


Notice

The State of Ohio } In Probate court

Delaware County .ss. }

In the Matter of the last Will and Testament of

Werter B. Albright, deceased.

Jo. Edward S. Mendenhall:

You are commanded to notify Margaret

E. Albright that on the 12" day of January A. D. 1893 an instrument of

writing, purporting to be the last Will and Testament of Werter B. Al:

bright 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 hear:

ing before this court in the 14 day of January A. D. 1893. at 3 o'clock P. M.

Witness, my hand and the seal of said Probate Court at Delaware

Ohio, this 12" day of January A. D. 1893.

N. F. Overturf

Probate Judge
Seal

Return Filed Jany. 14/93

The State of Ohio }

Delaware County .ss. } Edward S. Mendenhall being duly sworn, says

that on the 12" day of January. A. D. 1893-

he served the within notice by delivering a true copy thereof to the within

named Margaret E. Albright

Edward S. Mendenhall.

Subscribed in my presence and sworn to before me this 14" day of

January A. D. 1893.

N. F. Overturf

Probate Judge

Testimony of Witnesses Filed Jany 14/93

In Probate Court, } In the Matter Proving the Last Will and

Delaware County, Ohio. } Testament of Werter B. Albright - deceased.

The State of Ohio }

Delaware County .ss. } Henry J. Eaton, 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 16" day of October A. D. 1891 and of:

fered for probate as the last Will and Testament of Werter B.

Albright, late of Delaware Township, in said County of Delaware,





































Delaware County Ohio Will Records Vol. 9 1890-1893 (602)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (602)

Description

[corresponds to page 573 of Delaware County

Ohio Will Records Vol 9 1890-93]

573

Werter B. Albright's Will

deceased, and saw the said Werter B. Albright, 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 dece:

dent, 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 and witnessed in open Court, this 14 day of

January. A.D. 1893


seal N.J. Overturf
Probate Judge


The State of Ohio }

Delaware County .ss. } J.S. Gill, 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 16" day of October. A.D. 1891. and offered for probate

as the last Will and Testament of Werter B Albright, late of

Delaware Township, in said County of Delaware, deceased- and saw

the said Werter B. Albright, now deceased, sign and seal said in:

strument, 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.

J.S.Gill.

Sworn to and subscribed by said witness in open Court, this 14" day

of January. A. D. 1893.

seal N.F. Overturf
Probate Judge


Journal Entry
January 14" 1893

In the Matter of the Will }

of Werter B Albright-deceased} Be it remembered, that heretofore
to wit: on the 12" day of January

A.D. 1893. an instrument of writing purporting to be the last Will

and Testament of Werter B. Albright-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 applica:

tion to admit the same to probate and record in this Court- has been

given to Jessie L. Albright his widow and Newell S. Albright and

Margaret E. Albright next of kin of Testator, resident of the State

of Ohio- pursuant to a former order of this Court; therefore on this day

came Henry J. Eaton and J.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








Delaware County Ohio Will Records Vol. 9 1890-1893 (603)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (603)

Description

[corresponds to page 574 of Deaware County

Ohio Will Records Vol 9 1890-93]

574

Werter B. Albright's Will.

the Court finds that the aforesaid instrument of writing is the last will

and testament of said Werter B. Albright 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 admitted to probate, and that the same, togeth:

er with the testimony 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 Jessie S. Albright widow of said decedent

to elect as to said Will, as is required by Law.

N. F. Overturf

Probate Judge.


Will

I, Werter B. Albright of Delaware Ohio of sound mind and memory

do make and publish this to be my last Will and Testament.

Item First - My entire estate both Real and Personal I give, be

queath and devise absolutely to my wife Jessie L. A.:

bright, if she survive me, and the birth of issue to me whether born be:

fore or after my decease shall not in any wise abrogate the terms of

this Item First of my Will.

Item Second -- If I die without issue; having survived my said wife,

I devise and bequeath my entire estate absolutely to the

following described persons to be equally divided amongst them or the sur:

vivors of them or their issue, the issue of each to take the share of the

parent, to-wit: I st Margaret Estella the daughter of my deceased broth:

er Ruby J. Albright. 2nd The children of my brother Newell S.

Albright. Subject only to the provisions of Item third of this my

Will.

Item Third __ If I survive my said wife and die without living is:

sue I desire that the income form my entire estate

both Real and Personal or so much of said income as may be

reasonably necessary be devoted to the maintenance and burial of my

father Jacob S. Albright is he survive me and at his death the es:

tate to pass as provided in Item Second.

Item Fourth I nominate Edward S. Mendenhall to be the exec:

uter of this my Will.

In testimony whereof I have hereunto set my hand at Delaware

Ohio this 16" day of October A. D. 1891.

Werter B. Albright.

Acknowledged by the said Werter B. Albright to be his last

will and testament and the signature thereto by him acknowledged

to be his genuine signature in our presence who in his presence, at

his request and in the presence of each other have hereunto set our

hands this 16" day of October A. D. 1891.

J. S. Gill

Henry J. Eaton











Delaware County Ohio Will Records Vol. 9 1890-1893 (604)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (604)

Description

[corresponds to page 575 of Delaware County

Ohio Will Records Vol 9 1890-93]

David Lawrence Will 575

Application for Probate of Will Filed Jan 14/93



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 Lawrence Deceased. }

To the Hon N. F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that David Lawrence late a resident of the Township of Radnor in

said County died on or about the 1 day of Jan. A. D. 1893 leaving

an instrument in writing, hereto attached, purporting to be his last

Will and Testament; That the said David Lawrence died leaving

Delight A. Lawrence of Radnor P. O. widow and the following name:

ed persons his only next of kin resident of the State of Ohio.

Name Degree of Kinship P. O. Address

Lee Lawrence Son Radnor 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

Lee Lawrence

The foregoing application was signed in my presence and sworn to before

me this 12" day of January . A. D. 1893.

N. F. Overturf

Probate Judge

Waiver of Notice

We, the undersigned widow and next of kin of the within named decedent,

hereby waive further notice to the probate of said Will.

Dated this 13 day of January A. D. 1893.

Delight X A. Lawrence

Witness by J. W. Watkins

Lee Lawrence

Testimony of Witness Filed Jan 14/93

In Probate Court } In the Matter of Proving the last Will and Testament

Delaware County Ohio. } Of David Lawrence deceased

The State of Ohio }

Delaware County .ss. } John A. Cane 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 1" day of May. A. D. 1880 and offered for probate as

the last Will and offered for probate as the last Will and Testament

of David Lawrence, late of Radnor Township, in said County of















Delaware County Ohio Will Records Vol. 9 1890-1893 (605)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (605)

Description

[corresponds to page 576 of Delaware County

Ohio Will Records Vol 9 1890-93]

576

David Lawrence Will

Delaware, deceased and saw the said David Lawrence, 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 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 14" day of

January A. D. 1893.

N. F. Overturf

Probate Judge

Proof of Signature of Witness to Will Filed Jan 14/90

The State of Ohio }

Delaware County .ss } Geo W. Jones being duly sworn says that he was

well acquainted with S. A. Hord who is now de:

ceased that he was well acquainted with the hand writing of the said S.

A. Hord having often seen him write, that the signature S. A. Hord as

subscribing witness to the last Will and testament of David Lawrence

deceased is in the now proper hand writing and signature of the said

David Lawrence who at the date of said Will was in full life, and

resided in Radnor Township in said County.

Geo. W. Jones

Sworn to before me, and subscribed in my presence, this 14" day of

January. A. D. 1893.

N. F. Overturf

Probate Judge

Journal Entry

January 14 1893.

In the Matter of the Will }

of David Lawrence deceased } This day an instrument of writing, pur

porting to be the last Will and Testament

of David Lawrence, 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 Delight A. Lawrence widow and Lee Lawrence only next of kin

of said Testator - resident of the State of Ohio and in writing, waived

further notice to the probate of said Will. And thereupon came

Jno. A. Cone 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, And it appearing to the Court that S. A. Hord the

other subscribing witness to said Will is now deceased, thereupon Geo.

W. Jones appeared in open Court, and was duly sworn and examined

according to law touching the genuineness of the signature of said S.

A. Hord attached to said Will, his testimony thereon was reduced

to writing and filed. Whereupon the Court funds that the aforesaid in:

strument of writing is the last Will and Testament of said David







Delaware County Ohio Will Records Vol. 9 1890-1893 (606)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (606)

Description

[corresponds to page 577 of Delaware County

Ohio Will Records Vol 9 1890-93]

577

David Lawrence Will

Lawrence 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 therein, be

entered of record in this Court.

Citation ordered and issued to Delight A. Lawrence widow of said

decedent to elect as to said Will, as is required by Law.

N. F. Oveturf

Probate Judge

Will

In the name of the Benevolent Father of All, I, David Lawer:

rence of Delaware County, Ohio. being of sound and disposing

mind and memory do make and publish the following as my last

Will and Testament.

Item 1st I direct that all my just debts and funeral expenses

be paid out of my estate.

Item 2nd I will and direct that my reputed wife Delight A.

Lawrence, have after my death, if she survive me, her

Dower interest in my Real Estate, and her distributive share of my

personal estate as she would be entitled to if she were my lawful

wife and widow. My reason for inserting this chance in this item

of my will is, that I do not consider her, the said Delight A.

Lawrence so called, my true and lawful wife, for the reason that I

am satisfied that she the said Delight A. Lawrence had at

the time of her pretended marriage with me, a former lawful hus:

band living.

Item 3rd I give and bequeath to my son Lee Lawrence and my

daughter Delilah Lawrence each an equal share in:

half of all the residue of my estate, both personal and real, in:

cluding the Real estate which I own in Richwood Ohio and

all the other real estate which I may own at the time of my decease,

and including all money stocks, Bonds and proceeds of Policy or

Policies in Beneficial Associations in life Insurance Com:

panies, or whatever the said personal estate may consist of.

Item 4th I hereby appoint and constitute my said daughter De:

lilah Lawrence, Executrix of this my last will and

testament, and hereby authorize my said Executrix to carry out and

complete any contract for the sale of any of my real estate, which

I have made or hereafter may make and hereby authorize her,

my said Executrix to make the proper conveyance for sale of such

real estate which I have or may hereafter contract to convey if

the same shall not have been done by me in my life time, with:

out my application to any Court for authority or an order to make such

conveyance or conveyances.

And hereby revoking all former wills or parts of wills by me made,

I do declare the foregoing to be my last Will and Testament.














Delaware County Ohio Will Records Vol. 9 1890-1893 (607)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (607)

Description

[corresponds to page 578 of Delaware County

Ohio Will Records Vol 9 1890-93]

578

David Lawrence Will

In witness whereof I do hereunto set my name and seal this First

day of May A. D. 1880.

David Lawrence, Seal

Signed by the said David Lawrence in presence, and by him de:

clared to be his last Will and Testament in our presence and in our

hearing, and signed by us as witnesses to the same at his request and

in his presence & in the presence of each other, this 1st day of May.

A. D. 1880.

S. A. Hord

Jno A. Cone.





Delaware County Ohio Will Records Vol. 9 1890-1893 (608)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (608)

Description

[Corresponds to page 579 of Delaware county

Ohio Will records Vol 9 1890-93]

579

Catharine Jenkins Will

Journal Entry

January 21" 1893

In the Matter of the Will of }

Catharine Jenkins deceased. } This day an instrument of writing

purporting to be the last Will

and Testament of Cartharine Jenkins, 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 the notice thereof, and of the application to admit the

same to probate and record, be given to Elias Griffiths Thomas

O. Griffiths - Mary A. Gast, Gwen Williams, John E. Grif:

riths and Jamie E. Griffiths next of kin of the Testatrix, resi:

dent of the State of Ohio, that said application will be for hearing

before this Court on the 28th day of January A. D. 1893 at

1 o 'clock P. M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Jan 21/93

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

Catharine Jenkins deceased }

To the Hon. N. F. Overturf. Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents

that Catharine Jenkins late a resident of this Township of Radnor

in said County died in or about the 15" day of January. A. D.

1893 leaving an instrument in writing, hereto attached, purporting to

be her last Will and Testament; That the said Catharine Jenkins

died leaving no widower and the following named persons her only

next of kin resident of the state of Ohio.

Name Degree of Kinship P. O. Address

Elias Griffiths Son Prospect Ohio

Thomas O. Griffiths " Richwood "

Mary A. Gast Daughter " "

Gwen Williams " Prospect "

John E. Griffiths Grand child Marysville "

Jennie E. Griffiths " " "

Your petitioner prays that a time maybe 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 A. Gast.

This foregoing application was signed in my presence and sworn to





















Delaware County Ohio Will Records Vol. 9 1890-1893 (609)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (609)

Description

[corresponds to page 580 of Delaware County

Ohio Will Records Vol 9 1890-93]

580

Catharine Jen Kines Will

before me, this 21st day of January A. D. 1893.

Seal 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 Catharine Jenkins deceased.

To John A. Gast:

You are commanded to notify Elias

Griffiths -Thomas O. Griffiths - Mary A. Gast -Given Williams-

John E. Griffiths and Jamie E. Griffiths that in the 21st day of

January A. D. 1893 an instrument of writing, purporting to be the

last Will and Testament of Catharine Jenkins late of Radnor

Township in said County - deceased, was produced in said Court and

an application to admit the same to probate was in the same day

made in said Court. Said application will be for hearing before this

Court on the 28" day of January. A. D. 1893. at 1 o'clock P. M.

Witness my hand and the seal of said Probate Court, at Del:

aware, Ohio, this 21st day of January A. D. 1893 at 1 o'clock P. M.

Witness my hand and the seal of said Probate Court at Del:

aware, Ohio, this 21st day of January A. D. 1893.

N. F. Overturf

Seal Probate Judge

Return Filed Jan 28/93

The State of Ohio }

Delaware County .ss. } John A. Gast being duly sworn, says

that on the 24 & 25 days of Jan. A. D. 1893.

be served the within notice by delivering a true copy thereof the the with:

in named Elias Griffiths- Thomas O. Griffiths-Mary A.

Gast- Gwen Williams- John E. Griffiths and Jennie E.

Griffiths

John A. Gast

Subscribed in my presence and sworn to before me this 28" day

of Jan. A. D. 1893.

N. F. Overturf

Probate Judge

Probate of Will Filed Jan 28/90

the State of Ohio } In Probate Court

Delaware County .ss. }

Personally appeared in open Court Robert

Rowlands and Jno. A. Cone the subscribing witnesses to the last

Will and Testament of Catharine Jenkins late of Radnor

Township in said Delaware County -deceased, who being duly

sworn according to law, to speck the truth the whole truth and

nothing bur the truth, in relation to the execution of said Will,

depose and say: That the paper before the execution of said Will,

depose and say: That the paper before them bearing date the 8"

day of March. A. D. 1888- purporting to be the last Will and














Delaware County Ohio Will Records Vol. 9 1890-1893 (610)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (610)

Description

[corresponds to page 581 of Delaware County

Ohio Will Records Vol 9 128910-93]

581

Catharine Jenkins Will

Testament of Catharine Jenkins now deceased is the Will of

said deceased Catherine Jenkins, that they were present at the

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 Catharine Jenkins deceased

sign and seal said Will her mark and heard her acknowledge

the same to be her last Will and Testament and that the said

Catharine Jenkins 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

Jno. A. Cone

Sworn to and unsubscribed by said witnesses, in open Court this

28" day of Jan. A. D. 1893.

N. F. Overturf

Probate Judge

Journal Entry

January 28, 1893

In the matter of the Will }

of Catharine Jenkins deceased } Be it remembered that heretofore

too wit on the 21st day of January

A. D. 1893 an instrument of writing, purporting to be the last

Will and Testament of Catharine Jenkins, late of Radnor Town:

ship 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 Elias Griffiths, Thomas O.

Griffiths - Mary A. Gast - Gwen Williams - John E. Grif:

fths and Jamie E. Griffiths, next of kin of the Testatrix, res:

ident of the State of Ohio, pursuant to a former order of this court

therefore, on this day came Robert Rowlands and Jno. A. Cone

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 afore:

said instrument of writing is the last Will and Testament

of said Catharine Jenkins, 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, 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









Delaware County Ohio Will Records Vol. 9 1890-1893 (611)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (611)

Description

[corresponds to page 582 of Delaware County
Ohio Will Records Vol 9 1890-93]

582

Catharine Jenkins Will

Will

In the name of the Benevolent Father of All amen, I Catha:

rine Jenkins of Radnor Township Delaware County Ohio being of

sound mind and memory to make and publish the following as my

last Will and Testament, & hereby revoke all former Wills in parts

of Wills by me heretofore made.

Item 1st I direct that all my just debts be paid out of my moneys and credits

Item Second I give and bequeath to my daughter Mary A. Gast all my

furniture, clothing stock, and all other chattel property that I may own

at the time of my decease except moneys and credits:

item Second I give devise and bequeath to John A. Gast, as Trustee in trust

for the benefit of my two grand children William Gast and Pearly Bell

Gast, all the moneys and credits that I may own at the time of my

decease after paying my just debts and funeral expenses, to be by him

invested and kept at interest until the said William Gast shall

arrive at twenty one years of age, and the said Pearly Bell Gast shall

become twenty years of age, at which time said Trustee shall pay

to my said Grandchildren each one half of the same which shall

come into his hands as principal and interest thereon: and in case

of the death of either of said Grandchildren before arriving at said

ages, the survivor of them to take the whole of said sum, and in

case of the death of both of said children before arriving at said ages,

my whole estate shall go to my said daughter Mary A. Gast.

In testimony where of I have hereunto subscribed my name and

affixed my seal, this 8th day of March A. D. 1888.

her
Catherine X Jenkins - Seal.
mark

Signed by the said Catharine Jenkins in our presence, and by

her acknowledged to be her last Will and Testament in our hear:

ing, and signed by us as witnesses at her request and in her presence

and in the presence of each other, this 8 day of March. A D. 1888.

Robert Rowlands.

Jno. A. Cone.











Delaware County Ohio Will Records Vol. 9 1890-1893 (612)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (612)

Description

[corresponds to page 583 of Delaware County

Ohio Will Records Vol 9 1890-93]

583

Mariah Coleman's Will

Journal Entry

January 28 1893

In the Matter of the Will ]

of Mariah Coleman deceased ] This day an instrument of writing,

purporting to be the last Will and

Tesament of Mariah Coleman late of Scioto Township, in this

County deceased was produced in open Court for Probate, On consid:


[corresponds to page 583 of Delaware County

Ohio Will Records Vol 9 1890-93]

583

Mariah Coleman's Will

Journal Entry

January 25 1893

In the Matter of the Will }

of March Coleman deceased } This day and instrument of writing,

purporting to be the last Will and

Testament of Mariah Coleman late of Sciota 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 Abigail J. Kuntz. Mary

C. Ryder and William N. Coleman next of kin of said Mariah

Coleman resident of the State of Ohio that said application will be

for hearing before this Court on the 28th day of January A. D. 1893,

at 1 o"clock P. M. John H.Coleman the only other next of kin resi:

dent of the State of Ohio having waived further notice to the probate of

said Will.

N. F. Overturf

Probate Judge.

Application for Probate of Will Filed Jan 25/93

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 Coleman deceased }

to the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petition respectfully represents

that Mariah Coleman late a resident of the Township of Scioto

in said County, died on or about the 23 day of Jan. A. D. 1893.

leaving an instrument in writing, hereto attached purporting to be

her last Will and Testament, That the said Mariah Coleman

died leaving no widower and the following named persons her only

next of kin resident of the State of Ohio.

Name Degree of Kinship P. O. Address

John H Coleman Son Bellpoint Ohio

Abigail J. Kuntz Daughter White Sulfhur "

Mary C. Ryder " Adeph "

William N. Coleman Son Hyattrille "

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

J. H. Coleman

the foregoing application was signed in my presence and sworn

to before me, this 25 day of Jan. A. D. 1893

N. F. Overturf

Probate Judge




















Delaware County Ohio Will Records Vol. 9 1890-1893 (613)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (613)

Description

[corresponds to page 584 of Delaware County

Ohio Will Records Vol9 1890-93]


Mariah Coleman's Will

Waiver of Notice

I, the undersigned next of kin of the within named decedent, hereby

waive further notice to the probate of said Will

dated this 25 day of Jan. A. D. 1893.

Job Coleman

Notice

The State of Ohio ] In Probate Court

Delaware County .ss. ]

In the Matter of the last Will and Testament

of Mariah Coleman deceased.

To J H Coleman

You are commanded to notify Abigail

J. Kuntz -Mary C. Ryder and William N Coleman that on

the 25 day of Jan A. D. 1893 an instrument of writing, purporting

to be the last Will and Testament of Mariah Coleman late of

Scioto Township, in said County deceased, was produced in said Court

and an application to admit the same to probate was in the same

day made in said Court. Said application will be for hearing be

for this Court on the 28" day of Jan. A. D. 1893 at 1 o'clock P. M.

Witness my hand and the seal of said Probate Court, at

Delaware Ohio, this 28th day of Jan. A. D. 1893 at 1 o'clock P. M.

Witness my hand and the seal of said Probate Court, at

Delaware Ohio, this 25 day of Jan. A. D. 1893.

N. F. Overturf

Probate Judge
seal


Return Filed Jan 28/93

The State of Ohio }

Delaware County .ss } J. H. Coleman being duly sworn, says that

on the 25 day of Jan. A. D. 1893 he

caused to be served the within notice by delivering a true copy there.

of to the within named Abigail J. Kuntz -Mary C. Ryder -

and William N. Coleman.

J. H. Coleman.

Subscribed in my presence and sworn to before me this 28 day

of Jan. A. D. 1893.

N. F. Overfurf

Probate Judge


Testimony of Witness Filed Jan 28/98

In Probate Court. } In the Matter of Proving the last Will

Delaware County- Ohio. } and Testament of Mariah Coleman - deceased.

The State of Ohio }

Delaware County .ss. } George Seum, being duly sworn and examin:

ed 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 23 day of Sept. A. D. 1885,

and offered for probate as the last Will and Testament of

Mariah Coleman, late of Scioto Township, in said County





















Delaware County Ohio Will Records Vol. 9 1890-1893 (614)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (614)

Description

[corresponds to page 585 of Delaware county

Ohio Will records Vol 9 1890-93]

585

Mariah Coleman Will

of Delaware, deceased, and saw the said Mariah Coleman now de:

ceased, 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.

George Seum

Sworn to and subscribed by said witnesses in open Court, this

28th day of Jan. A. D. 1893.

N. F. Overturf

Probate Judge.

Proof of Signature of Witness to Will Filed Jan 28/93

The State of Ohio }

Delaware County .ss. } Belinda Cullins being duly sworn, says

that she also was well acquainted with Eliz:

abeth Seum who is now deceased, that she was well acquainted

with the hand writing of the said Elizabeth Seum, having often

seen her write, that the signature Elizabeth Seum as sub:

scribing witness to the last Will and Testament of Mariah

Coleman deceased is in the own proper hand writing and signa:

ture of the said Elizabeth Seum who at the date of said Will

was in full life, and resided in Concord Township, in said

County.

Belinda Cullins

Sworn to before me, and subscribed in my presence, this 28" day

of Jan. A. D. 1895.

N. F. Overturf

Probate Judge.

Journal Entry

January 28" 1893

In the Matter of the Will }

of Mariah Coleman - deceased } Be it remembered, that heretofore,

to-wit: on the 25" day of Janu:

ary. A. D. 1893 an instrument of writing, purporting to be the last

Will and Testament of Mariah Coleman, 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 John H Coleman. Abigail J Kuntz - Mary

C. Ryder and William N. Coleman 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 George Seum one of 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 him subscribed and filed with said










Delaware County Ohio Will Records Vol. 9 1890-1893 (615)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (615)

Description

[corresponds to page 586 of Delaware county

Ohio Will Records Vol 9 1890-93]

586

Mariah Coleman Will

Will, And it appearing to the Court that Flora Edgar one of

the subscribing witnesses to said Will is without the jurisdiction

of this Court, and that said Elizabeth Seum the other subscrib:

ing witness to said Will is now deceased, thereupon Belinda Cul:

lins appeared in open Court and was duly sworn and examined ac:

cording to law touching the genuineness of the signature of said

Elizabeth Seum- attached to said Will and her testimony therein

reduced to writing and filed. Whereupon the Court finds that the

aforesaid instrument of writing is the last Will and Testament of

said Mariah Coleman deceased. That the same was duly exec:

cuted and attested and that the said Testatrix, 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 he 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.

Will

Concord September 23, 1885-

In the name of the Benevolent Father of all J Mariah Cole:

man will and testament.

Item 1. I give and devise to Charles Elmer Coleman One hundred Dollars

Item 2. I give and devise to Walter R. Coleman One hundred Dollars

and one note which I now hold against John H. Coleman of One

hundred Dollars and witness from the time it was given and the

bed I made for him and the Coverlet.

Item 3. I give devise to whosoever keeps me and waight on me in my

last days here on orth a good compensation and after that is

pay it and my funeral expenses and Toomston the remainder of

my Chattles and money is to be divided equaley to A. J. Kuntz

and J. H. Coleman and Wm N. Coleman.

Item 4. Mary C. Wrider to have One dollar.

her
Mariah X Coleman
mark

Witness

Elizabeth Seum

Flora Edgar. George Seum. Justrce of the Peace

















Delaware County Ohio Will Records Vol. 9 1890-1893 (616)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (616)

Description

[corresponds to unnumbered page 587 of Delaware County Ohio Will Records Vol. 9 1890-1893 (616)]

back flyleaf page
Delaware County Ohio Will Records Vol. 9 1890-1893 (617)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (617)

Description

[corresponds to unnumbered inside back cover of Delaware County Ohio Will Records Vol. 9 1890-1893]
Delaware County Ohio Will Records Vol. 9 1890-1893 (618)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (618)

Description

[corresponds to back cover of Delaware County Ohio Will Records Vol. 9 1890-1893]

Dublin Core

Title

Delaware County Ohio Will Records Vol. 9 1890-1893

Subject

Delaware County--Will Records--Ohio--1891-1893

Description

Delaware County Ohio Will Records Vol. 9 1890-1893. 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, 1890-1893

Date

1890-1893

Contributor

Delaware County Court Probate Judge; N.F. Overturf

Rights

http://rightsstatements.org/vocab/NoC-US/1.0/

Format

Book

Language

English

Type

Still Image
Text

Identifier

92961189

Citation

Decedents of Delaware County, Ohio, 1890-1893, “Delaware County Ohio Will Records Vol. 9 1890-1893,” Delaware County Memory, accessed December 25, 2024, http://66.213.124.233/items/show/161.

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